SR-8-E (15)
CA:RMM:rmdl178/hpca1
City Council Meeting 9-25-90
Santa Monica,
~-E
SEP ~ G. 1990
caPflor~J990
/orv-tJOCj
STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance Adding Chapter 9A to Article II
of the Santa Monica Municipal Code to Create
a Charter Review commission
At its meeting on July 10, 1990, the City Council directed
the city Attorney to prepare an ordinance creating a Charter
Review Commission. Pursuant to this direction, the accompanying
ordinance has been prepared and is presented to the City Council
for its consideration.
The accompanying ordinance creates a Charter Review
Commission consisting of 15 members.
Each councilmernber,
including the Mayor, shall appoint two members to the Commission.
The city Council shall appoint the Chair of the Commission.
The ordinance provides that the Charter Review Commission
shall prepare a report to the City Council by December 31, 1991,
on whether or not the City Charter should be amended in the
following areas:
(
(1) The method of selection of members of the City Council
and Mayor.
(2) Whether or not City Charter Section 602 should be
amended to provide compensation and benefits for members of the
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city council and if so, what compensation and benefits should be
provided.
(3) Whether or not any limitation should be placed on the
terms of office of members of the city council.
(4) The method of selection of the City Attorney and the
City Clerk.
(5) Review Article X of the city Charter to determine
whether or not the Boards and Commissions established thereby
should continue to be mandated by the City Charter.
(6) Whether city Charter Section 612 relating to special
meetings should be amended to conform to the Brown Act.
(7) Whether City Charter Section 613 relating to the place
of City Council meetings should be amended to provide more
flexibility to holding meetings within the City.
(8) Whether city Charter section 717 relating to a City
Health Officer should be deleted.
(9) Whether City Charter Section 1515 relating to claims
against the city should be revised to conform to state law.
(10) Whether City Charter Section 608 should be amended to
increase the dollar amount requiring competitive bidding on
public works projects. (The $5,000.00 threshold has not been
changed in forty years and there is no procedure for adjustment
based upon increases in the Consumer Price Index.)
(11) Whether City Charter section 1300 relating to
official bonds should be amended or deleted.
(12) Whether City Charter Section 1501 relating to Cash
Basis Fund and City Charter section 1511 relating to Capital
Outlays Fund should be amended or deleted.
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(13) Whether city Charter Section 1513 relating to the
presentation of demands should be amended or deleted.
(14) Such other matters as the City Council by motion may
refer to the Commission.
Appendix A contains the City Charter.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
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CA:RMM:rmd1179/hpca1
City Council Meeting 9-25-90
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 9A TO ARTICLE II
OF THE SANTA MONICA MUNICIPAL CODE TO CREATE
A CHARTER REVIEW COMMISSION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 9A is added to Article II of the Santa
Monica Municipal Code to read as follows:
Chapter 9A. Charter Review commission.
SECTION 2905.
creation of Charter
Review commission.
(a) Pursuant to Section 1000 of
the City Charter,
a Charter Review
Commission is hereby established. The
commission shall consist of 15 members
appointed by the City Council as follows:
( 1)
Two members
of
the
commission
selected
by
each
City
Councilmember.
(2)
A
chair
of
the
commission selected by the city Council.
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(b) The Commission and
Commissioners shall be subject to all of
the terms of Article X of the City
Charter setting forth procedures for
removal of commissioners, terms, and
meetings.
(c) The Commission shall, prior to
December 31, 1991, report to the City
Council in writing whether or not the
City Charter should be amended in the
following areas:
(1) The method of selection
of members of the City council and Mayor.
(2) Whether or not Ci ty
Charter Section 602 should be amended to
provide compensation and benefits for
members of the City Council and if so I
what compensation and benefits should be
provided.
(3) Whether or not any
limitation should be placed on the terms
of office of members of the city Council.
( 4) The method of selection
of the city Attorney and the city Clerk.
(5) Review Article X of the
ci ty Charter to determine whether or not
the Boards and Commissions established
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thereby should continue to be mandated by
the City Charter.
(6)
Whether
City
Charter
section 612 relating to special meetings
should be amended to conform to the Brown
Act.
(7) Whether ci ty Charter
section 613 relating to the place of city
Council meetings should be amended to
provide more flexibility to holding
meetings within the City.
(8) Whether
Section 717 relating to a
Officer should be deleted.
(9) Whether city Charter
section 1515 relating to claims against
the City should be revised to conform to
state law.
City
City
Charter
Health
(10) Whether City Charter
Section 608 should be amended to increase
the dollar amount requiring competitive
bidding on public works proj ects. (The
$5,000.00 threshold has not been amended
since 194 and there is no procedure for
adjustment based upon increases in the
Consumer Price Index.)
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(11) Whether City Charter section
1300 relating to official bonds should be
amended or deleted.
(12) Whether City Charter Section
1501 relating to Cash Basis Fund and city
Charter section 1511 relating to Capital
Outlays Fund should be amended or
deleted.
( 13 ) Whether City Charter section
1513 relating to the presentation of
demands should be amended or deleted.
(14) Such other matters as the
City Council by motion may refer to the
Commission.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
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any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
ROBERT M. MYERS
city Attorney
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APPENDIX A
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SANTA MONICA MUNICIPAL ~
229
THE CHARTER
of the
CITY OF SANTA MONICA
We, the people at the City at Santa Jaw at said City under the ConItItutIon
)lonlca, State ot CalJfornia, do ordain ot saJd State.
and estabhsh thia Charter as the organic
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ARTICLE I-NAME Of CITY
SECTIO::>: 100 Name.. The municipal
corporation now existing and known as
the "1..;J:1'~ OF SANTA MONICA" shall
remain and continue to exist a body
politic and corporate, as at present, m
name, in fact and, In law.
ARTICLE II-BOUNDARIES
SECTION 200 Boundaries. The tern-
tory of the CIty shall be that contained
v.'lthin its present boundarIes as now
establtshed, with the power and author-
ity to change the same In the manner
provided by law.
ARTICLE III-SUCCESSION
BECTIO::" 300 Rights and Ua.blhtfes.
The CIty of Santa Monica, a8 successor
In interest of the municipal corporatIon
ot the sarne name, heretofore created
and existing, shall own, possess, control,
and In every way succeed to and become
the owner of rIghts and of property of
every ltind and nature by Bald existmg
mUnICIpal corporalion owned, possessed
or controlled and shall be subject to all
the debts, oblIgatIOns, liabIlIties and
duties of said existIng corporatIOn
SECTION 301 Ordinances Continued
In EiJeet. All laWful ordInances, resolu-
tions, rules and regulations, or portions
thereof, in force at the time thIS Charter
takes effect, and not in conflict or in-
couistent hereWIth, are hereby contIn-
ued in force unW the same shall have
been duly repealed, amended, chaJIged
or superseded by proper authority.
SECTION 302 RIght'&. dr Oftlcel"ll and
Employes Presen."ed. Nothing in this
Charter contained, except as specifically
proVIded, shall affect or impair the civil
eervice, pension and retirement rights
or privileges of officers or employes of
the CIty, or of any office. department
or agency thereof, existing at the time
this Charter takes effed
SECTION 303 Continuance of Pres-
at Offleen and Employes. The present
officers and employes shall, without in-
terruption, contInue to perform the
duties of their respectIve offices and
employments for the compl'nsatlon pro-
vided by the preceding Charter, of e]tl'lt-
tng ordInances, resolutions, rIlles or laws,
until the appointment and quaIlficaticon
Of their successors under this Charter
and subject to such removal and control
as ill herein provided
SECTION 304 Continuance of Con-
tracts and Public Improvements. AIl
contractJ; entered into by the CIty, or
for i13 benefit, prIor to the taking effect
of this Charter, shall continue In full
force and effect Pubhc improvements
for which proceedings have been insti-
tuted under laws or charter pl"Ovlsions
eXIsting at the time this Charter takes
effect, in the dIscretion of the CIty Coun-
cil, may be carried to completion as
nearly as pracUcable in acco-dance with
the proVlslons of such eKIstmg laws and
charter provisIons or may be continued
or perfected hereunder
SECTION 305 Pendlnc Actlons and
Proceedings. No action or proceedrng,
civil or crimInal, pending at the time
when this Charter takes e1fect, brought
by or against the City or any office, de-
partment or agency thereot, shall be
a1fected or abated by the adoption ot
thIs Charter or by anything herem con-
tained; but an stich actIolJ/J or proceed-
ings may be contrnued notwithstanding
that functions, power. and duties of any
oftice, department or agency party there.
to, by or under this Charter, mB.Y be as-
signed or transferred to another office,
department OJ' agency, but in that event,
the same may be prosecuted or defended
by the head ot the office, department or
agency to which .uch functions, powerll
and duties have been assigned or tranll-
fenJl!d by or under this Charter.
SECTION 306. E6ective Date of Char.
tel'. F'or the purpose of nominating and
electing members 01 the City CouncU
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SANTA MONICA MUNICIPAL CODE 230
R-59
and Board of Education, this Charter The members of the City Council and
mall take etrect from the time of ill of the Board of EducatIon in office at
approval by the LegIslature For all the bme of the approval of tlus Charter
other purposes it shall take efl'ect on by the Legislature, shall continue to hold
the Tuesday next IIUcceeding the date office and to discharge the duties thereof
until the election and qualificatIon of
of the election of the first City Council their successors, respecbvely, under thiS
hereunder at eight (800) o'clock P.M Charter.
ARTiClE IV-POWERS OF CITY
SECTION 400 Powers of City. The corporation might or could exercise un-
City shall have the power to make and del" the Constitution of the State of
enforce all laws and regulations in re. California
spect to municipal aft'airs, subject only The enumeration In this Charter of
to such restnctlons and limitations as any particular power shall not be held
may be pro'l..1ded in this Charter and In to be exclusive of or any lImItatIon upon
the Constitution of the State of Call- Uns general grant of power '
fornla It Shall also have the power to
exercIse any and ail rights, powers and SECTION 401 Procedures. The City
priVlleges heretofore or hereafter estab- shall have the power and may act pur-
llshed, granted or prescnbed by any law I!uant to procedure established by any
of the State, by this Charter, or by other law of the State, unless a dIfferent pro-
lawful authonty, or whIch a muniCIpal cedure is established by oralnance
ARTICLE V-FORM OF GOVERNMENT
SECTION 500 Fonn 01 Gove..nll'lent. this Charter shall be known as the
The mUnIcIpal government proVIded by "CouncIl-Manager" form of go\ernment
ARTICLE VI-THE CITY COUNCIL
It'
SECTION 600 Number and Term. The
City CouncU shall consist of seven mem-
bers elected from the city at large, at
the tImes and m the manner in this
Charter prOVIded, and who I!hall serve
for a teml of four years
At the first election under this Char-
ter, the three candidates receivmg the
highest number of votes shall serve until
the second Tuesday in April, 1951. and
the remaining four shall serve until the
second Tuesday in April, 1949 The term
of all members shall commence On the
lIrst Tuesday follOWIng such election and
each member shall serve until his suc.
cess Or is elected and quahtied Any ties
In voting shall be settled by the casting
of lots I
.... __.. SECTION 601 Eligibility. No person
......1.. shall be eligible to hold office 8.lII a mem-
:: =:.-= ber of the City Council unless he shall
_11_, be a quahfied elector at the time of hili
=~11.- nominatlO!!..-Bnd shall '),iBveDeen-a-re~i-
O<IoIItrn. ~nt orUle City for at least two years
un, next preceding the date of his election or
appointment
In '" SECTION 602 Compensation. The
A....o4 members of the City Council shall re-
:: ,;:cca celve no compensation for their services
A'.I/IOII as such, but shall receive reimbursement
12.14 M for necessary travei and other expenses
when on official duty out of the City on
order of the City Council and. in addl.
tion, the Mayor shall receive the sum of
One Hundred and Fifty <$15000) 00]-
Ian per month. which amount shall be
deemed reimbursement out-of-pocke~ ex-
pendltures and costs Imposed upon him
in serVIng as Mayor, and all other mem-
bers of the City CounCil shall receive the
sum of Fifty ($5000) Dollars per month,
wh:~h amount shall be deemed to be re-
imb~rsernent for out-af-pocket expendi-
ture! and costs imposed upon them In
serving as CIty CounCIlmen
SECTION 603 Vacancies. A vacancy
in the City CounCIl from whatever cause
ariSIng, shall be ftlled by appomtment by
the City CounCil, such appointee to hold
otfl.ce until the first Tuesda.y follOWIng
the next general municipal election and
until hIS successor Is elected and qualI-
fied At the next general municipal
election following any vacancy, a Coun-
cilman shall be elected to serve for the
remainder of any unexpIred term
If a member of the CIty Council ab.
aents himself from all regular meetings
of the City Council for a period of sIxty
days consecutively from and after the
last regular City Council meeting at
tending by such member, unless by per+
mission of the CIty Council expressed In
Its official minutes. or is convicted of a
crime Involving morlll turpItude. ar
ceases to be an elector of the CIty. hIS
omce shall become vacant and shall be
I!O declared by the City Council.
In the event the City Councll Ihall
fall to fill a vacancy by appointment
withIn thirty days after I!uch otfl.ce shill!
have been declared vacant. It shall forth-
with cause an election to be held to fill
filch vacancy
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SANTA MONICA MUNICIPAL CODE
SECTION 60t PrealdJng OffJcu.
Ftlayor.
(a) On the first Tueaday following
any general or special municipal election
at which Councilmen are elected, the
City Council shall meet and shaH elect
O~e of its members as its presidIng of-
ficer, who shall have the trtle of Mayor
The Mayor shall have a voice and vote
in all Its proceedmgs He shall bE' the
offiCIal head of the City for all cere-
montal purposes He shall perform such
other duties as may be prescrIbed by thIS
Charter or as may be imposed by the
CIty Council consIstent WIth hIS office
Th... Mayor shall serve In such capacIty
at the pleasure of The City CounCIl
(b) !\Ia;)or Pro Tl"mi,orE' The CIty
CounCIl llhall also deSignate one of ItS
members as Ma.yor Pro Tempore The
Mayor Pro Tempore shall perform the
dutIes of the Mayor durIng hIS absence
or disabilIty
SECTION 605 Po~ l"rl!l Vf'sted In the
Clt) CoundJ All powers of the CIty
shall be vested in the CIty CounCIl, llUO-
ject to the provIsions of this Charter
and to the ConstrtutlOn of the State of
Cahfornra
SECTIO:>l 606 Tu" Limit... Exclush"e
of speCIal levH's permItted by thIS Char-
ter, the CIty CounCIl shaH not levy a
property tax In excess of One ($1 00)
Dollar on each One Hundred ($100 00)
Dollars of the assessed value of taxable
property In the CIty for mUniCIpal pur-
poses, unless authOrized by the affirma-
tive votes of two-thuds of the electors
voting on the propOSItion at any elec-
tron at WhICh the questIon of such addi-
tional l('\'y for munlclpa.l purposes is
lIubmltted to the electors
There shall be levied and collected at
the time and In the same manncr IlS
other properly taxes for mllnJcipal pur-
poses are levied and collected. as addi-
tIonal taxes. If no other proviSIon for
payment thereof is made
(a) A lax sufficient to me...t all lIa-
bilIties of the CIty for prmclpal and in-
terest of all bondS or Judgments dill' and
unpaId. or to bl;:came due dunng the
ensuing tiscal year; and
(bJ A tax sufficu'nt to meet all obli-
gations of the CIty to the State Em-
ployes Retirement System or other sys-
tem for the retIrement of City cmployes.
due and unpaid or to br:>come due durmg
the ensuing fiscal year
SpecIal levies. in additIon to the above,
may be made annually, based on ap-
proved budget requIrements, for the fol-
lowing speCIfic purposes parks. recrea-
tion and mUSIC, city planning, Ilbrari('s,
lIChoolll. advertIsing, and emergency care
and relief of needy persons The pro-
231
R-n
ceeds Of any auch .peelal levy shaD be
used for no other purpose than that
Ipecifted
SECTION 601 Bonded Debt UmJL
The bonded indebtednellS of the City
may not exceed the sum of ten (10%)
percent of the total aBsellscd valuatIon
of propt'rty wlthm the City, exclusive
of any Indebtedness that has been or
may hen'after be incurred for the pur-
pose of acquIrIng or estabhsnlng a sys-
tem of waterworks for the sUPplYUlg of
water, or for thC' purpose of construct-
Ing sewers or drams in the CIty, for
WhICh purposes a fUI ther mdebtednes3
may be Incurred by the I!;suance of
bonds. subject only to thl' prOVISIons of
the State Constitution dnd of this
Charter
SECTION 608 COhtraC'ts on Public
"'ork.. Every contract Involvmg an ex-
pendIture of mor!:' than Five Thousand
($500000) Dollars for the constructIon
or Impro\ ement ,excluding maIntenance
and repair) of public buIldmgs, works,
streets. drams, sewers, utilities, parks
and plavgrounds, and rach separate pur-
chase of matf'rials or supphes for the
same, ....here the expendIture required
for such purchase shall exceed the sum
of Five Thousand ($5,000001 Dollars.
shall be let to the lowest responSible
bIdder after notice by publIcatIOn m the
offiCIal newspaper by two or morc Inser-
tions, the first of which shall be at least
ten days before the tlm", for openmg
bids
The City CounCil may reject any and
all bids prellented and may re-advertise
III Its dIscretIon
After reJectinJ;" bids, or It no bIdS are
rf'ccIVed, the CIty CounCIl may deciare
and dC'~ennlne that In ItS opmion, the
work In questIon may be performed
bcttt'r or more economIcally by the City
\Hth Its o"'n employes. or that the ma-
terIals or supplIes may be purchased at
a l{lwer pricr:> in thc open market and
after thl" adophon of a resolution t~ this
effect by at least five affirmative votes
it may proceed to have said work don~
tlr such materials or supplies purchased
In thl' manner stated. without further
ob'lcrvance of the prO\ lsions of thIS sec-
tion Such contracts may be let and
such purchases made WIthOUt advl'rbs-
ing for bids, it such work or the pur-
chase of such materl:!ls or supplies shall
be dt"l'med by tht" City CounCIl to be of
urgent necesluty for the pres~'rvation of
lIfe, health or property, and shall be
authurized by at Jeallt fhe amrmatlve
VDtes
SECTION 609 I'ubllshlnlt of upl
SollC'l'lI In the event that there is more
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SANTA MONICA MUNICIPAL CODE
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than one newspaper ot general circula-
tion publlshed in the City, the City Coun-
cil, annually, prior to the beginning of
each .fiscal year, shall publish a notice
fDviUng bids and contract for the publi-
cation ot all legal notices or other mat-
ter required to be published, in a news-
paper of general circulation publiBhed
and circulated in said City, during the
ensuing fiscal year In the event there
is only one newspaper of general cIrcu-
lation published in the CIty, then the
City Council shall have the power to
contract WIth such newspaper for the
pnnting and publishing of much legal
notices without being required to adver-
bse for bids therefor The newspaper
with ",'hleh any such contract I. made
shall be deSIgnated the official news-
paper for the publl(:atlon of such notices
or other matter for the period of such
contract
In no case shall tha contract prices fOr
such publicatIon exceed the customary
rates charged by such newspaper for
the publicatIOn of legal notices of a pri-
vate character,
In the e\-ent there Is no official news-
paper deSIgnated by the CIty CounCll,
then all legal notices or other matter
may\ be publIshed by posting copIes
thereof in at least three publtc place.
in the City
No defect or Irregularity In proceed-
Ings taken under thIS section, or failure
to deSignate an OffiCIal newspaper. .hall
Invahdate any pubhcatlon where the
same is otherv."lse in conformIty with
this Charter or law or ordinance
SECTION 610 Interference in Admin.
ptrath'e IIen'lce. Neither the City Coun-
Cil nor any of Its members &hall order or
request dIrectly or IndIrectly the appoint-
ment of any person to an office or em.
ployment or his removal therefrom, by
the CIty Manager. or by any of the de-
parbncnt heads in the administrative
service of the CIty Except for the pur-
pose of Inquiry, the City Councfl and
its members I!hall deal with the admlnill-
nah\e I!ervlce under the City :Manager
solely through the City Manager and
neither the City CounCIl nor anv member
shall gi\ e orders to any subordinate. ot
the CIty Manager, ellher publicly or
pnvately
SECTION 611 Regular Mf'etlngll. The
City CounCIl anal! hold regular meetings
at least twice each month, at such times
as It shall fix by ordinance or resolution
and may adjourn or readjourn any regu-
lar meetIng to a date certaIn, which shall
be specified In the order of adJournment
and when 60 adJourned, each adjourned
meeting shall ce & regular meetIng for
all purposes
282
SECTION 812, Special Meetings. Spe.
cial meetings may be called at any time
by the Mayor. or by four members ot
the City Councll, by written notice de-
livered personally to each member at
leut three hours before the Urne Ipeel-
ded for the propo.ed meeting. A special
meeting .hall allO be validly called, with-
out the giving ot lueh written notice. if
all members shall give their consent. 1n_
writing. to the holding of such meeting
and Inch consent Is on file In the omce
of the City Clerk at the tlme of holdIng
luch meeting A (e[egi-aphlc comnmnl-
cation from a member consenting to the
holding of a meeting shall be conSidered
a consent In writing At any IIpeclal
meeting only such mp}ten may be acted
upon as are referred to In such written
noUce or consent
SECTIO~ 613 Place at Meetings. All
meetings shall be held m the Council
Chambers of the City Hall and .hall be
open to the public. U, by reason ot fire.
dood or other emergency, it IIhall be
unllafe to meet In the place designs. ted,
the meeting! may be held fOr the dura-
tion of the emergency at such place as
is de!!lgnated by the Mayor or, if he
should fall to act, by four members of
the City Council
SECTION 614 Quorum. Proceeding..
Four members of the City Council shall
constitute a quorum to do business, but
a less number may adjourn from time
to time The City Council .hall judge
the qual1llcatJons ot Its members as let
forth by the Charter and shall judge all
electron returns Each member of the
City Council .hall have the power to
admmister oaths and afIl.rmatlonsln any
investigatIon or proceeding pending be-
fore the City Couneil
The City Council may establish rule.
for the conduct of its proceedIngs and
punl.h any member or other person for
disorderly conduct at any meetingll It
shall have the power and authoritJ,' to
compel the attendance of witness!!!, to
examine them under oath, and to compel
the production of e\idence before it
Subpoena8 may be fs.ued in the name
of the City and be atteated by the Clty
Clerk Disobedience of such llubpoenas.
or the refusal to te.uty (upon other than
canstitubonal ground.). 8hall constitute
a rnisdenleanor.
The City Council Ihall cause the City
Clerk to keep a correct record of all 115
procudings, and at the demand of any
member or upon the adoption of any
ordinance, re.o]ution, or order for the
payment ot money, the City Clerk .hall
call the roll and shall cause the ayes and
noE'S taken on any question, to be entered
in the minutes of the meeting
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SANTA MO:t\"ICA ML'1o."ICIPAL CODE
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SECTION 61:5 Adoption of Ordlnaacn
and Be50lutJODII. With the sole excep-
tion of onbnances which take elfect upon
adoption, hereinafter referred" to, no or-
dinance shall be adopted by the CIty
Council on the day of Its introduction,
nor within dve days thereafter, nor at
any time other than at a regular or ad-
journed regular meeting At the time
of adoption of an ordinance or rE'soJu-
bon it shall be read in full. unlE'ss. after
the readmg of the trtle thereof, th{' fur-
ther reading thereof IS waived by unanI-
mous consent of the Councilmen present
In the event that any ordmance IS alt-
ered after its introductIon, the same
shall not be finally adopted except at a
regular or adjourned regular meetmg,
held not les!! than five days after the
date upon which such ordInance was 110
altered The correctron of typographical
or clerical errors shall not constitute the
making of an alteration Wlthm the
meanmg of the foregOIng !!entence
No order for the payment of money
shall be adopted or made at any other
than a regular or adjourned regular
meeting
The affirmative \'otes of at least four
members of the City Council shall be
reqUired far the enactment of any ordi-
nance or resoJution. or far the makiT'g
or approVing of any order for the pay-
ment of money
Emergenc)" Ordinances. Any ordmarce
declared bJ' the City CounCil to be neces-
sary as an emergency me:;1'lure for pre-
serving the public peace, health or sa!~ty
and contaInIng a statement of the rea-
aons tor its urgency, may be Introduced
and adopted alone and the same ml'el-
ing it passed by at least five affirmauve
votes
SECTION 616 Ordlnallce!!. Enact-
ments. In addition to such acts of the
City Coune,il as are reqwr:ld by statute
or by this Charter to be by ordinance,
ever)' act of the CIty Council establish-
ing a fine or other penalty or grantmg
a franchise shan be -by oreinance
The enacting clause of all ordmances
shall be aubstanlially as follows: uThe
City CounCil of the City of Santa }'Ion.
ica does ordain as follow!!."
SECTION 617 OnUnaneell. Publica.
tion. The City Clerk shall cause each
ordInance to be pubhshed at least once
In the offiCial newspaper within fifteen
days after its adoption.
SECTION 618 Codification of Ordi.
na.nees. Any and all ordlr.ances of the
City whIch have been enacted and pub-
Jished in the m8JU"ler required at the
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time of their adopuon, and which have
not been repealed, may be compiled,
consolIdated, revised, indexed. and ar-
ranged all a comprehensive ordInance
code, and such code may be adopted by
reference by the passage ot an ordinance
for such purpose Such code need not
be published in the manner required for
other ordinances, but not le!!s than three
conies thereof shall be filed, for u!le and
exammatJon by the pubhe, in the office
of the City Clerk, pnor to the adoptIon
thereof Subsequent amendments to sec-
tions of the code shall be enacted In the
same manner as herem reqUired for the
amendment of ordmances gencrall)
DetaIled regulatIOns pertainmg to any
subject. such as the constructIon ot
b~llldlngs, plumbIng. wiring or other sub-
jects which reqUire extensIve regula-
tIons. after havmg been arranged as a
com?rehenslVe code, may likeWIse be
adopted by reference In the manner here-
inabove prOVided
SECTIO~ 619 OrdJnance. When Ef-
fe.-tive. No ordinance shall become ef.
fectIve untt! thirty days from and after
tl>e date at It!! adoption, except the fol-
IOv.lng, whIch shaH take effect upon
adoptIon
(a) All ordmance calling or otherwile
relating to an election,
Cb) .An improvement proceeding ordI-
m'nce adopted under some law, or pro-
cedural ordinance,
(c) An ordinance declaring the
a'lloWlt of money necessary to be raised
b\' taxation, or fixing the rate of laxa-
tIon. or
Cd) An emergency ordinance adopted
In the m&nl1er herein provlded
SECTION 620 Ordinances. "loIa.tloa.
Pu.alty. A vlol.ltion at any ordmance
of the City Shall constitute a misde-
meanor and may be prosecuted in the
neme of the people of the State of Cali-
fornia or may be redreSl!led by civil ac-
bon The maximum fine or penalty for
any Violation of a city ordInance shall
be the sum of Flve Hundred ($50000)
Dollars, or a term of imprisonment for
a period not exceedIng six months or
both such fine and imprisonment The
City Council may provide by ordinance
that perlions ImprIsoned In the City Jail
for Violation of law or ordinance may
be compelli'd to labor on public works.
SECTION 621 Ordinances. Amend-
ments. The amendment of any secbon.
or sections of an ordmance may be ac-
complIshed solely by the re-enactment
of such sectio:! or lle<.-tlolUI at length o.a
amended
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ARTICLE VII-THE APPOINTIVE OFFiCERS
SECTION 700 Officers to be AppolJlt-
~ by the City Coundl. The City Coun-
cil shall appomt the City Manager, City
Attorney and Health Officer. wluch poSI-
tiona sh.all not be in the Clasl!ntied Serv-
Ice and who may be removed by motion
of the CIty Council adopted by at least
fl\'e affirmative votes.
It sh,,-U also appoint the Citv Clerlt,
which posItion shaH be In the Classified
ServIce
SECTION iOl Omens to be Appoint-
ed b~.. the City l\-Ianager. The CIty Man-
ager shall appoInt, and may remove, the
ChIef of Pollee. WhICh pos1tlon shall not
be in the clasSIfied servIce
The City Manager also shall appolDt
the CIty Controller. Personnel DIrector,
City Treasurer, City Engmeer. Street
SUpermtendent, Buildmg Officer, Chief
Df the FIre Deparbnent, DIrector of
Recreation, LibrarIan and the heads of
ail other depal tments of the city, which
pOSI tions shan be in the classified servIce
Appointments to the posltlon of Per-
sonnel DIrector, RecreatIon DIrector and
LIbrarIan shall be SUbJect to the ap-
proval of theIr respectIve boards or com-
mISSIons
SECTIO~ 702 Other Appolnthe Of-
ficers. The CIty CouncIl may provlde
by ordInance fDr the creation, continua-
tIon or abolll;hment of other CIty de-
partments upon recommendation of the
C!ty Manager Each department so cre-
ated Dr contmued shall be headed by an
officer, as department head, who shall
be Ilppornted by the Crty Manager. The
pOf'Itlons of such department heads shall
be Included In the Classified Service.
SECTION 703. City l\fan8ger. Ap-
pointment. The City Manager shall be
chosen on the basis of hIS executive and
admmlstratIve quaIifica"tions He shall
be paid a salary eommensurate WIth his
responsfbilIties as chief admfnfstratlve
officer of the City No City Councilman
shan receive such appointment during
the term for which he shall bave been
elected, nor within two years after the
expiration of his tenn
SECTION 704 City Manager. Powertl
and Duties. The City Manager shan be
the chief executive officer and the head
of the admfnfstratlve branch of the City
government, He shall be responSIble to
the CIty Council for the proper adminis-
traUon of all affairs of the CIty, and he
shall have power and be required to.
(a) Appotnt nnd remove, subject to
the Civil ServIce provisions of thIS Char-
ter, all department heads of the Clty
except as otherwise provided by this
Charter. and pass upon and approve
all proposed appointments and removals
of $ubo:"dmate employes by department
heads,
(b) Prepare the budget annually and
submIt it tD the CIty Council and be
respons\ble for Its admlnistratlon after
adoption,
(e) Prepare and submit to the CIty
Council as of the end ot the .fiscal year
a complete report on the finances and
admlmstratIve actIVIties of the City for
the precedIng year,
(d) Keep the City CounCll adVIsed of
the fmanClal condItion and future needs
of the CIty and make such recommen.
dations as may seem to hIm deSIrable,
and
(el Perform such other duties as may
be prescrlbed by thIS Charter or re-
quired of hIm by the CIty CounCil, not
inconSIstent WIth thIS Charter
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SECTION 705 City ltlanager. Council
Table, The CIty Manager shall be ac-
corded a seat at the Clty Councll table
and shall be enhtled to partiCIpate in
the delIberations of the CIty Council, but
shall not h::..ve a vote
SECTION 706 l\lanager Pro Tempore.
The City Manager shall appomt. subject
to the approval of the CIty Council, one
of the other officers of the City to serve
as Manager Pro Tempore during any
temporary absence or d1sablUty of the
CIty Manager.
Assistant City l\fanager. In the event
that the CIty Councfi provides for the
appointJnent of an Assistant Clty Man-
ager, he shalI be appomted by, and be
under the superviSion and dlrecbon of
the City Manager The positlDn Of As-
sistant City Manager shall not be in
the Classified Service.
SECTION 107. City Clerk. Powers
and Duties. The City Clerk shall have
power and be required to:
(a) Attend all meetings of the City
Council and record and maintain a full
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SANTA MONICA MUNICIPAL CODE
and true record of all of the proceedings
of the Clty CounCIl in books that shall
bear appropriate UUes and be devoted
to such purposes. Such books shall have
a general index sufficiently comprehen-
sive to enable a. person readily to ascer-
taIn matters contamed therein,
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234-A
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(b) Malntam ordinance and resolution
books into whIch shall be recorded all
City ordinances and resolutionll with thl'
certificate of the Clerk annexed to each
thereof stating the same to be a correct
copy, glvmg the number of said ordi-
nance or resolution and, as to an ordl-
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nance requmnlt' publicabon. stating that
the same h&s been publ1shed or posted
in accordance wtL'l thIs Charter.
(c, Bt' tht' t !l$tr t.'ln of the .elLl ot tbe
City; and
ldJ A..rr.InlstE'r oaths or atBnnatiolUll,
take affida",ts and deposIUoRa pertain.
Ing to the stfalrs and buslnell8 of the
City and certify copies of official recorda
SECTION 70~ City Attorney. powen
and Dutlt"l. Th/' poslUon of CIty Attor-
ney sl1all be a full 1Ime ~Itlon and the
appolntt>f' 'ihall not be entitled to engage
in pnvate pULtI('e To become el1glble
fcor appointment U City Attorney, the
appointee shall have been admitted to
practice as an attorney at law in all of
the state cnurts ot Califomla and shall
have- been engaged In the practice of
lull profell8l0n tor at lean tlve yearll
Immediately tin or to hiS appointme-nt
The Cz ty A Uorney shllll lIa ve power and
be requIred to
fa' R,,"prl'sent and advise the City
Council and all Clly officers in all mat-
tE'rs of law pertaIning' to their offices,
Ibl Reprf'!Ient and appear for the City
aAc' !l.ny Cny officer or rmploye or for-
mf'r City officer or employe, In any or
all actions and proceedings In which the
City or any :such offie'pr or employe, In
or by reason of hiS offiCial capacity. U
conrerne-d fir is a party, but the City
Council :,'ulll have l"ontrul of all legal
bus:ness and proceedmg3 and may em.
pl"y l)thPr attome)s to t.1.ke charge of
any lltlgatlon or matter or to assist the
City Attorney thereIn,
, c) A ttend all mf'eUng'! of the City
("nuncil And gllle his a.ivil"e or opmlorl
in wntln~ whenever l-equested to dl) so
by the ("ltV ("ounCI). or b" Bny of the
boards or officers ,)( U,e C, t}',
f d I Approve the fonn of all boo:ds
givf'n to an,j 1111 (,Ontracts madE' bv the
CIty, enr:lorsmli:' hili appro"al therec'l 1n
writ! nil:' ,
It!! Prf:pare Bny and a~l proposed 01
dinanrell 01'0 r"'lolutionll lo:Jr the City, and
amendments thereto,
rtl Appn.nt and remove such asSI'It.
ants and L1cnLal and lIl('nographic hdp
as are :lI1thorlzed to be employed In hiS
department by the Nty Counr'll. lIU' h
personll not to br In the C1&Uifl,.d S~rv-
ice 01' thl' Citv,
Ig l proseclitc tin behalf of the pl'opl..
all cr:l1l"lal e'3l><'S for Violation of thi'l
Charter Hnd oaf Clty Ordlna7le'clI, anti a.1
mlJ.dtm..annr o1'l'tn.."s anaing upon ,10-
lah~n nf tllc Illw'I r)f the State: and
I h I On ":!,"3tmj: the office. surrender
to hII' 'I\lrl"e....nr 1\11 houkll. papers, files
and df,cumt'nts perta.lnin~ to the City's
atl'a:rs
SECTIO.... 70Q City Controller. P?W-
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R-57
en and Duties. The City Controller shall
have charge ot the administration of the
ftnanclal a1fairs of the City and be ahaJ1
lIa ve power anrf be reqwred to
(Ill Compile the budget expenlle and
capl.al elItimates for the CUy Manager;
(bl Supel'VJlIe and be responSible for
the disbursement of all moneys and have
control over all expendItures to Inll11l'e
that budget appropnatlOI1ll are not ex.
ceeded,
ecl Malntaln a general accounting
system for the City government and
each of its o1!l.cell, departments and
agencIes, keep books tor and prescnbe
the fu1!l.nclal forms to be ulled by each
otlite, department and agency;
(d) Require and supervise the keeping
of, current Inventories of all property.
real and perllonal. by the respectlve ot-
ficers In charge thereof and periodIcally
to audit the same,
(e, Submit to the City Council.
through the City Mana~er, a monthly
statement of all receIpts and dlsb1lrlle--
mellts In lIUffici.mt detaIl to show the
exact financial condItion of the City;
Md. as ot the end of each f1.8cal year.
8ubmlt a complete financial statement
and report, e.nd
en Audit and approve betore payment
all bll1s, InVOices. payrolls, demands or
charl;,eB agunst the CIty government
ana. .lIith tile adVIce of the City Attor-
ney, detennine the regulanty, legality
and correctness of .such cl81ms, demands
or charges
SECTlO:" 710 PersOllDel Director Powen
and DuUes. The Personnel DIrector shall have
power ami be reqwred to
lal Give Wide publiCity. through appropnate
channels 111 each case, to all iMouncements of
competItive examInatIons lO the end of en.
couragIng qualIfied persons to take sitch ex.
ammallons.
C b l Hold competItive examinations for all ap-
pointments Ullhe ClaSSifIed ServIce, restncung
such examinations to persons reasonably
qualIfied to perform the dUlles of the poSItion,
C c l Prepare and recommend 10 the Personnel
Board and the Cny CounCJ1, CIVIl Service rules .
and regulauons
(d) Make penodIc studtes of the claSSIfIcatIon
plan based on the duties, authorIty, and respon-
sIbll1ty of poSItiOns In the City service and make
recommendations as to Improvements thereIn.
leI Prepare and malDlaUl a pay plan for the
CIlr service.
I l Develop and establish trammg and educa-
tional programs for persons in the City ser-
vice. and
Igl Investigate periodIcally the operallon and
effect of the personnel prOVISIOns of thiS
Charter and the rules promulgated thereunder
and report fmdmgs and recommendations to the
City Manager and the PersoMel Board
Item
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- SECTION 711 City Treuurer. Powen
aad Duties. The City Treasurer .hall
be the custodian ot all public !unds be-
10ng1n~ to or under control of the CIty.
or of any office. department or ag-ency
thereot. and shall have power and be
required to.
fa) Rt't:elve and have CUlItody ot all
moneys receivable by the CIty from any
lource,
(b) DepOSIt all moneys received In
luch deposilones a.s may be desIgnated
by resolution ot the City Councilor,. it
no resolution be adopted, by the City
Mana~er and in complIance WIth all ot
the provulions of the State Constitution
and lawlS of the State governIng the han.
dlin/{, df'posltlng and s~urtnl!t" of public
funds
(cl Disburse moneys on dE'mands
properly audited In the manner prnvldf'd
tl)r in thIS Charter. and
(d) Prepare and submit to the CIty
Controller monthly wllttl!n rf'norts of
all recPlpts. dIsbursements and fllnd bal-
ances caples of which reportJI shall be
tiled With the City ManSKer
SECTJc)~ 712 Cltv Enr:tlleer Po\\en
and Duties. To be ehglble for spaoIllt-
ment as City Engin~r, U,e appoln~""
shan ha vp had at least Ih'e ypa:.- oJ prac-
tlce aa: a RegistE'red CiVil Englnl't!r In
the Stat~ flf California. or shall be &
Reg1,sterrd Civil Engineer with at least
llva year.,' preVioulS f'xppl"ience in mu-
niCIpal enR'lneering
The r.ltV Engin<>er shall have pl\we"
and be requlrpd to,
(al Supen'i::.e and b~ n.pon!l"le for
all City rn!;lnt'eMng work,
(b I Sup'rviso,! and be re"pOI'I,ub!t for
the mamtellance, properl)' 1lIdl:x~d. nt
all maps plans. profilE'S. C.orolJglt and
cnrrect field notes of 411 "'Ineys, and
other r!'Cords and mpmor.il.da bt!lon~ng
to the Cltv an" pl'rtllllllllll" to his omce
and tnI' w,'rk theTf'Of. anot
Ie} On \'a,-ahng th, uJ:!!,'" 81!!Tender
to Ills S'1(""l!S50r all J''1apli plan:!. l1ej~
n'ltt:s and r,ther J'eeords and J1"pmnr:Jndl\
pertalnin~ to the City's arr"l'~
SEC'T!ON 711 StlW't !7itnpl'..ntMlttl'nt.
PO"I'7'I'I a.." DlltJ<"H. Thl: Ftrt'I'!. 3L1p"r-
Intend..nt f'lall have tht j!p'lf:al Ull"'"
and ,supel'. 'sinn of all City I;t. ....:,s ,... \'_
f'rs and dr"uns and Shall have pl'l'vP!, t~
be r,'qu I rpd tll
fa) Makp frequent lnspF::hcn (\f all
lItreels, f,,'\\ er.l and dralna "I tte eit~",
(b) Receive and Investigate all com-
plaJnta as to their condibon and have
d1arge of the enforcement of all lawI
and ordinanCeJI pertainlnJil' thereto; and
236
R-57
(e) Inspect all streets. sewers and
drains whJ1e the same an 1n the course
of eOrultruction; inspect. approve or r&+
ject &.11 maten&.ls used in wch construc-
tion. whether done by contract or other-
wise and. pending InvestigatJOn8 when
necessary, stop all work thereon
SEC'I'IOS 7H Bu.ildiD~ Offteer. Pow-
ers and Duties. The BUIldIng Oflicer
shall have charge of "the BUpen"lSlon and
inlSpection of all building' cOrultruction
W1Utm the Clty and shall have power
and be required to'
(a l Examme. bUIlding plans In order
to determIne C"nfOfmlty with State laws
and nrdinances and issue building per-
mits In connectlon thereWIth. and
(b) Enforce the laws and ordina.nces
regulating the construction and mllUl.
tenance of bwldmgs and oUter struc-
tures
SECTION 715 Chlt't of Police. Pow-
f'r'!I aDd Duties. The Cluef of Pohce shall
!-ave power and be reqUIred to
(a) Preserve the publIc peace;
(bl Execute and return all process [s-
aued to him by legal authonty, and
(c) ExerCise aU the powers that are
now or may hereafter be conferred upon
shen1fs and other police offi.eel'll by the
laws ot the State_
SEC'ITON 716_ Chief of the FIre De-
partment. Powe", and Dutlel'. The ChIef
of the Flre Department shall have power
and bp requl red to
(a) Supervise all ma ttera n:latlng to
the prevl'ntion and extinguishing of tires
an<.l the protection of all property Im-
paired thereby. and
(bl Make frequent inspection at aU
property within the City to enforce Are
pi eventInn regulatlons
SEC"TION 717 Hl'aJth Oflleer. Powers
&ud Duties. To be elIgible for appolnt-
men~ to the poSItion of Health OlBeer,
tlle appointee shall be beensed to prac-
tice nledll~lne 1n the State at California
and shaD bE' selected on the baSIS of hIlS
qw!.lifications or experience in public
ht'alth work The Health Offi.eer shall
ra..'f' pow!!r and be requlr!!d to'
r:J I E'<'frC1Se ge"'leral superviSion over
f'nr d.tlnn,s ot health and cleanhn'lI5 In
t~t. elt) and t.d.l1:e all necessary meu-
l' rr B for the presen-atlon and promotion
U"ercot and
, (b) Enforce aU laws, ordlna'lces alld
r"l,,'Ul~tlons relative to the prcsel'\.tion
""d ImpTovement nf public health. .in-
C':'It'lnl' U:osP provi,l~d for the PI'':. enLton
nf thspa:o", the maintenance of lIanltary
'.)h( lUolls and the in$pectlon and HUper-
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VisIon of the production, transportation,
storage and sale of foodstuffs.
The CIty Council may contract with
the County of Los Angeles, or any other
public health organization, for the per-
formance of any or 1111 functions in con-
nection WIth public health mAtters.
SECTION 718 Director of Recreation.
Powers and Duties. The Director of Rec-
reation ehall have power and be re-
qUIred to.
(a) Supervise and be 1'eBponsJble for
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the planning and preparation of a com-
prehensJve CIty recreation program, with
the aid, assistance, and subject to the
approvlll, of the Recreation Commission;
promote and .timulate public tntere.'lt
therein, and to these ends solicit to the
fullest extent possible the co.operatlon
of school authOrities and other public
and private agencies tnterested therein,
and
(b) Actively BUpervJle and be respon-
sible for all City plAYgrounds and re::re-
aUon lac!Uties.
ARTICLE VIII-THE MUNICIPAl COURT
So. IJG-IO I
fI.;puJiI.
.by R....
:: EJs.tCCS
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1:/-14501
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ARTICLE IX-BOARD OF EDUCATION
SECTIOX 900 Number and Tenn.
The Board of EducatIOn shall consist
of Mven members elected from the
School DistrIct at large, at the time:;!
and in the manner in thiS Charter pro-
vlded, and who shall serve a term of
four years
The members of the Board of Educa-
bon holdIng office when thiS Ct.arter
takes effect, shall contmue .n office
thereafter and until their rt'spectlye
terms of office, as medified herem shall
expIre and until their successors shall be
elected and q UB. 1] tied
The eXpIratIOn dare of the terms of
the three members or the Board of Edu-
cation WhIch expIre J>ccember 31, 1947,
shall be advanced to the first Tuesday
follOWIng the first election held under
thIS Charter
The expIration date of the terms of
tHe two n>embers of the Board of Edu-
r..!lnn which expire December 31, 1949,
, ..11 be advanced to the second Tuesday
.11 'l.prll, 1949
At the first electIon under this Char--
tel', there shall be five members elected
of whom the four candidates receiving
the highest number of votes shlll1 aerve
until the second Tuesday in April, 1951,
and the remaining one shall serve untIl
the second Tuesday In Apnl, 1949. The
terms ot aU members shall commence on
the first Tuesday following such election
and each member shall Serve until hIS
successor is elected and qulllUied. Any
lIes in voting shall be .ettled by the
casting 01 lots
SF.CTION 901 Eligibility. No person
shaH be eligible to hold office as 8. mem-
ber i)f the Board of EducatIon unless
he lIhaJl have been a qualified elector
of the School DIstrict for at least two
years ne"t precedIng the date of his
elecbon or appoIntment
SECTION D02 Compt"n'i&tJon. Mem-
bers ot the Board of l:;ducatlon shall
receJVe no compensabor :o~ their lIerv-
tees aa such
SECTION D03. VacanCll'r.. A. vacancy
In the Board of Education Irnm what-
ever caule arising shall be filled by ap-
pointment by the Board of Education,
such appointee to hold omce unW the
first Tuesday following the next general
SANTA MONICA CHARTER
mumclpal election, and unul his successor IS
elected and qualified At the next general mu-
nICipal electIon follOWing any vacancy, a new
member shall be elected to serve for the re
maming penod of any unexpIred term
Jr a member of the Board of Ed ucaUon
absents hImself from all regular meetings ohhe
Board for a period of sixty days, consecutIVely,
from and after the last regular Board meetIng
attended by such member, unless by permISsIon
otthe Board expressed In Its officIal min utes, or
IS convIcted of a cnme InvolVing moral turpI-
tude, or ceases to be an elector of the School
DIStrIct, hls office shall become vacant and shall
be so declared by the Board of Education
SEC"rION 004 Presiding Omcer On the
first Tuesday follOWing any election at which a
Board member IS elected, the Board shall meet
and elect one of Its members as the presldmg
officer to serve at the pleasure of the Board
238
R-92
SECfJON 905 General M unidpal Electlon
Date for Board of Education It Section 1400
of the CIty Charter IS amended to change the
dateoftheGeneral Municipal ElectLon from the
secon d Tuesday In Apnl of odd n umbered ye ars
to the first Tuesday followllIg the first Monday
In November of even numbered years, such
change shall be applicable to the electIOn of
members of the lkIard of EducatIon under thiS
Charter
In the event such change becomes effectIVe,
for those elected members of the Board of
EducatIon whose terms are scheduled to expire
in Apnl 1985, those terms shall expIre in No-
vember 1984 For those elected officers whose
terms are scheduled to expIre in Apn] 19B7,
those terms shall expire III November 1986 The
terms of the officers elected 1lI November of
evell numbered years shall begIn on the first
Tuesday follOWIng their electIOn
ARTICLE X-APPOINTIVE BOARDS AND COMMISSIONS
SECTION 1000 In General There shall be SEC"rlON 1004 Meetings Chairman As
the follOWing enumerated boards and commls- soon as practIcable, followllIg the first day of
SIOIlS which shall have the powers and duUes July of every year, each of such boards and
herem stated In addItion, the CIty CouncIl may COmmISSions shall orgamze by electrngone of Its
create by ordrnance such additional adVlSory members to serve as preSIding officer. at the
boards or commISSions as In Ill. Judgment are pleasure of the board or commISSion
reqUIred, and may grant to them such powers Each board or commISSIon shall hold a regu-
and duUes as are consIStent wIth theproVlSJOns lar meetlllg at least once each month All
of this Charter proceedings shall be open to the public unless
the nature of any invesllgatJon or proceedmg IS
such that In the opinion of such board or
commISSion the publIc mterest would best be
sen'ed by clOSing such meeting to the pubhc and
the reasons therefor are decla.red as a part of
such actIon The vote of a mllJorlty of the entIre
membershIp of such board or comml.!lSlon shall
be necessary for It to take actIon
The City Manager shall deSIgnate a cIty em
ployee to act as secretary for each of such
boards and commISSions, who shall keep a
record of Its proceedlllgs and transactIOns
Each board or commiSSion may preSCribe Its
own rules and regulatJons, whIch shall be con
slStent With thIS Charter and copies of which
shall be kepton file In the ofnce of the City Clerk
where they bhall be avaIlable for pubhc Inspec-
tion
SECTlON 1001 Appropriations The City
Councl! shall Include in Its annual budget sum
clent appropnatJons of tunds tor the effiCIent
and proper functioning of such boards and
commISSIOns
SECfIO\l 1002 AppOintment. Tenn The
members of each of such boards or COmml.!lSIOnS
shall be appOInted by the CIty CounCIl They
shall be subject to removal by motion of the CIty
CouncIl adopted by at least five affirmative
votes The members thereof shall serve for a
term of four years and untIl theIr respective
successors are apPOinted and qualLfied
The members first appOinted to such boards
and comml.S:nons shall so classIfy themselves by
lot that the term of one of each of theIr number
shall expire each succeedmg July] sL Where the
total number of the members of a board or
comml.!lSlon to be appOInted exceeds four, the
classlCicatton by louhall provld€ for the palTlllg
at terms to such an extent as IS necessary In
order that the terms of at least one and not
more than two shall expIre In each succeeding
year
Thereafter, any appointment to fIll an un-
expIred tenn shall be for such unexpIred period
SEcrlON 1003 Existing Boards The re-
spectIve terms oC office of all members of the
boards and commISSions enumerated In this
ArtIcle or In eXIStence at the time thIS Chaner
takes effect shall termmate upon the effectIve
date of thIS Charter and upon the appoIntment
and qualificatIon of the IT successors
SECTION 1005 Ql.mpensadon. The mem-
bers of all boards and COmrr\lSSIOnS, except
the PlannIng Commission, shall serve without
compensation for theIr services as such, but
shall receive reimbursement for necessary
traveilng and other expenses when on
offiCIal duty out of the City on order of the
City Council
Members of the Planning Commission
shall receIVe reImbursement for necessary
traveling and other expenses when on
official duty out oC the City on order of the
City Council In addition, pursuant to an
ordinance duly adopted by the City CouncIl,
members or the Planning CommISSion may
be compensated $25 00 per meeting up to a
\
~l!C 905
Adoplc-d
II 'piI'uai
M.JJ,.lttp._1
Uutlon
6' ..
II..
."'~( n
AdDp~r4
6-16 S'
So< 1005
amlrtGld
.4 Sped.1
Maniclpat
Eltcuo:n,
Junt "
l'Uby
RnCl~utlQPI
1'10 lUG
(CCS)
SAJI.'TA MONICA CHARTER
maXImum of $10000 per month Such
compensation shaIl be deemed reImburse-
ment for out-of-pocket expendItures and
costs Imposed upon members in serving on
the PlannIng Commission Pursuant to an
ordmam:e duly a1:lopted by the CIty Council,
the amount of compensation for Planning
CommISSioners may be increased by an
amount equal to the Increase In the Con-
sumer Price Index for each calendar year
from the operatIve date of the last adJust-
ment of the compensatIon In effect when
the ordmance is adopted The Consumer
PrICe Index (CPI) shall be the CPI for All
Urban Consumers for the Los Angeles, Long
Beach, Anaheim Metropolitan Area (All
Items), provided by the Umted States
Bureau of Labor StatIStics or other com-
parable mdex determmed to be approprIate
by the CIty CouncIl
238-1
R92
SEcrION 1006 Oaths Amnnations Each
member of any such board or commISSion, and
the secretary thereof, shall have the power to
admmlSter oaths and affirmations 1M anv In
vesugation or proceeding pending before such
board or CommISSIon
SECTION 1007 Planning Commission
There shall be a City Planning CommIs-
sion appOinted by tile City Cou nell, one
member to be elected from its own
\
j
.
-
~ 439.2 PROPERTY TAX..\TIOS-ASSESSME.'il
Dh 1
penod E:x.pe~dllures shall not Include depletion c::arges, debt retlre:nem
interest on funds mvested In the property, property taxes. corporatlOn lncom~
taxes, or corporatlon franchise taxes based on Income
(b) The c.apltalizatlOn rate to be used In valumg owner-occupled smgie
famlly dwellings pursuant to thiS article shall not be den\ed from sales data
and shall be the sum of the followmg components
(1) An mterest component to be determined by the board and announced.
no later than September 1 of the year preceding the assessment year and
whIch was the jle!d rate equal to the effeccl'we rate on com'entranal mortgages
as determmed by the Federal Home Loan Bal"..k Boa:-d, rounded to the "lear-
est y. percent
(2) An hlstoncal property nsk component of 4 percent
(3) A component for property taxes WhlCh shall be a percentage equal to
the esumated total ta...x rate applicable to the property for the assessment jear
tImes rhe assessment rarlO
(4) A component for amortlzatlOn of the Impro\ements which shall be a
percen tage equl'o alent to the recIprocal of the remaInIng hfe
(c) The capnahzatJOn rate to be usee In valumg all other restncted hlstOfl
cal proper1: pursuant to thIS amcJe shall not be denved from sales data and
shall be the sum of the followmg components.
(1) An m'erest component to be determmed by the board and anncu:,ced
no late: than September 1 of the )'ear preceding the assessment )ear and
whIch was the }1eld rate equal to the errect:...e rate on con.enrlOnal mortgages
as determined by the Federal Home Loan Bank Boare. rounded to the near
est Y. percent
(2) An hlstoncal property nsk component of 2 percent.
(3) A component for property ta'l::es whIch shall be a percentage equal to
the esumated total tax rate apphcable to the proper.y for the assessrne:1t :ea~
times the assessment rarlO
(4) A component for amOnlZ.3110n of the Impro\ements .....hlCh shall be a
percentage equJvaJent to [he reclprocal of the remaln:ng bfe
(d) The value of the restricted hlstoncal prope:1y shall be the quane'lt ?f
the Income dererrmned as proHded In subdlvls20n (a) dIVIded by the capJtall-
zanoo rate de1ermlOed as pro\lded 10 subdIVISion (b) or (c).
(e) The ratio prescnbed In SectIOn 401 shall be appiled to the value of the
property determmed 10 subdlvlslon (d) to obtalO Its assessed value.
(J.dded by Sl.m.1977. c 1040, P 3153, ~.4 ~mended b: Sla:s :984, C 678. ~ 2~}
Htalor1c.:aJ 'iole
The 19a~ amendment deleted. from the In-
:roductolj' jlaragraph. the board for P\.U70s.es
of surveys 'eq\l,~ed bv SectIon 1815 of 1,,5
code and' precedll'l the county ass.e!.50r"
Ubruy Rdereucu
SUle and Local Tuallon Lane. ~ 119
400
J
-.. , ...
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SAXTA MO:-,":;'C"A 1i1;~HCI?A!. COP'':;
S=CTIO:-; 1013 r:e-eTE'atlon C~rnrnl..-
".Ion. Tltc~l' sh~ll be a Rccrc:;"tlo"l CD-n-
m'SSlO"l v.t'lch shall b~ lIppoI"'ted by tne
CIty CO,Jn~ll. one mi'rrl.~T to b~ c!et:tcd
fro,n n. O\~ n me-r:bl'rshlp. to rTOVI"~
~Cll\'e ha.!,o'1 with tre Comm\S3'C"I but
who <;hl'lll n(!l~her l1~~c a votl' no:" bt>
d';::lble to be cmll:"lrlln thereo~. find
seven members to ~e e'ector. of t'"le Clt\,
ronc of \",rom shall }oold a'lY pa'd or.:cc
C I' (!Ct'pl") n"C"It 1'1 the City f;'1)'/c"lYnC"n:',
~-d .n,",t l,.,O"e thiOn four of ..... ".om s.ho.ll
be of the s~-re sex
SECTIO~ lOB RCr-Ti'SUOn GoTl'n}I;,-
1Ilon p,,\"t"rl! a.nl! nut...... The Rccr"al'(>"'\
CCMnll"~'('=' :s11a.i1 hd.\l' !lower and be
. re;ulred to
Jo>
(II) Act In an a:iv'~vry C;l.Ol'lClt~ to t..'1e
Cl:Y CG":'\~:1 _"'j nf"_rt'at~o:' DI:'f'~to" 1"1
a'l r"'L'tttt.f3 ':.~~ta.i.!1.~'I~ Lo ,?u::]~c r,-cr~a"
t~cn~ lTJC]UC. ~"' 'p~aygTouJ"'d.~~ lll.:'-""C 4[~d
ente:tal:-r-"-," ~.
(0) ^?p..- \.! or d'::;:!:,l~r~\'C! p_" r p-
r:l;; t~" nt of e r.ec:cec\t:(".:,\ Dl:crctOl" by
t.("~ Cl~:; ~.-ts.......r~g~"'.
(c) Con.;d~r t "e :'. j-..1;;.1 t>Jeg>et c.f the
it'!:c-i'atLon D-=-p::...:-Lrr e...t d...::nr g l~ prrp-
.P.:-a.tl~~ ~""'1 r"':.1.ke r~~::;-,r....o?~.:~. ....'r. ......'.It..,"'l
r~5;:t:lct thol'~~~ ~,1 t~l€' c.J::" ::~R.'lag~:' fent..!
tt.e C~t:l Co'.. -..:. :, -:l'1-d.
(d) A:3':;t ':1 :~" p'::.:-- ;' g (If 2. J"Fcre-
S. ~ I': 1-' ;"c;:r~ ~-.'), fc. l' t~- -e In} :'~I~t L....~ S {J! tre
C tj\ pro::-.:r!a t..:~1 st'-nJ.l:lte ]::~bJ.:c i"l-
240
R-!:.1
ter~H thert>in, and to that end, E\1Uclt
to the tul:e"lt tAlent po".,:!:'\: the C:J-
or eu t on of IOchooll',uthofl tl~.l t;nd oU:.t't
pubhe and prl\at\! I'.;et'ci"a !;>;t:r.>:<L"d
trere1n. .
SECT!O:-: 1015 AIt:.f)tt Cem,J'li..:JloD.
Tr.ere l':h;"ll be Ii.l1 AI::l='Jrt (.'ommis!!"n,
co:"s:"'~,.!" of five mt" -~ers, w],idI 8ha!l
be L.r;.r~lnt'!d by...... C"ly CoullclL 'Ihey
shall be G.lahfl.~J l'll'ctor::t of thll elt).,
no"'\( of "horn ';"-,!l hold any paid office
or er.p)o) ....,ent In the Clt) government
SECTIO~ 1016 A!'1,nrt Commb'iI(\<1
)'OIHl"ll and Du:I..... 1 t e AI:cp~rt Com.
1"> .~ em ~"all h~\'c po ~ cr ilIlJ lrtl 1"c.
r;:.: If>d to
(:>.J A<:t \:"\ 11.1' ad-Jl~ory cap:.'\cltj to
t}'le City Cf\\lf'Clt i~ ~a m'\tt~rll J'l~rtaln-
\1 g t... tl-e ~').:~'C'\?"\ J~ a"p"'l't tnd to
~."n.t'un IT ~t~tr!;l ~..n~r":IY to the t.xtent
th.t they al1cct t'la C'ty.
(bl Al';1TCI\e or ::L~'l.p?rove tnt' ap-
prn::""lcrt of r. ~1L\"1<.] -l.l Airport DI-
rector b) ~t,e City!. .P:-' ~ "r. .L!.3 a""1U "" i~en
ttc CIty C..uI:C!l lJ 0\ I _, f:Jf the nllrng
of Sl,;~:t r,Z.tIC;'l. f'nu
(c) Co.' ,,"ler .:!.nrl r~C'om:""~:'\ 1 to the
Cl:', CC!.T'c:1 I u'es n'.1 n -;. '~110n3 fOT
t'" D r~ a ~d;:' -ncnt and o;;;o.:,t tt",.l of th'.l
~.[..;"'~I;LJ AIrport
A~T1CLl: XI-ClVll. SEaV"!:
~r::C'i'ro:-; 110:. "5~t't I'rlnC'lrl.. Ap-
p:Ji.:r"1c.:: e~j !,'o",:;_'C'l1l1 In t>;,. a:.!.
M :"'I;jt!"~... e ~~'i-,~\:e c! t""e C.ty ~hAll b~
- i . .~, .'"'.-'" -" -.Plt en" f'tl"i!~3 to
b~ -r;~~p:'-:'::I-~"1~ ~o uf~~ a3 prtlct~=a.ble.
b,}-t CC1l "~e.::lv~ ~ , 3.:"'" ':":lU,,'i
\-... 'I. ''1;\
,I~"-4f:'
h .,
. .~. ~
J' - i
I 171
!lFeno"\' t~rH F1 [ ~ ",' :"\t"',~'t PrQCIICl'
A!: y~" ~v~5- :-.,1 .:..l. h~. t" r_~ ;..' "~pa.. -~~nlt) t~ cb.
t;w. a~d h,ld e.. ;;'::} "'~-t, ..;Jll t? i1dv:l"1ce
th~r'l'l r.C'll or ' "Jl:r ar. bnan; ~~?d[t~tr.t,
o!'ltt'r o. ai.1~"c. In t-.~ (;'.lirter e1umeri'lt'cl or
p'o"'1e-d for \' :l'')t.:~ l.!'~CW"l r:H'Oll prc'u!:lled
h, Slate vr ':'<';,,11:\.....
Tie 1"1,2:1' or _..s~oc It,on llnd "~Ilt'{lll All
[;n~]o}"'~" oJ! th~ CIt)' ere to !:e (r!:'i! ~'om mter.
ff---~1:ce :'('~":lD'1 :!1d rest"d~Jit ll:. ;...~'a:l~~
tll~"nseh-s 10~i't"~~ foT t"elr no:. l.al t:.e-efJt I'
co"'ne<'!lc.n v.Jr." !l':e&T ~~1...bc e~r,"".rne't TJ1-:,v
nJa\' d~5't''''~1-:'' re? .f :er'~~I\'es !.or thE-J( own
ChOCsl;il:";,l l:,l":: ..er:Jc\:L.1....". (.r 1-;~J.. ~uath. !;.ev
ma~, (\"t'iC ~-! t"e:r n;1~t I'.t t.~t~til)" to thY elt\:
CO~:lCJI ,,~ t:J :I'~ ~'J..:J c!.I~l'r ut Cu'1lII'IS$h.ln
11.nrni J:lrl,dkC'.:11 of ~::co nUll;!,> c ,r.tC,'uri
wages. hours tlT C0'1CI11,-n;; 01 ['npli>) 'Tl~nt
I;,ECTIO... 1102 Chs..lhd S~rvl('" The CI/I]
S"n;c!.' d I.! ell} s~r;lll ~..> (h~j,J..d Into tlJe
L'"d.:;s\rl~ o1~cl t'li! Cl..5SI1.eU S~r"l1:e
la' The l'lc]~-"'I"'rl Se:....lce s"all CO~im5e
t"le fo'!n.,lt,l~J~ ('l~'C {!i~ dn~ pO;;'ltHlT'S
1 \!~..1~' .~ of It,e ( .t... Leu-nJ.
l Cll~ \;,', Jilcr and l~e <,,,lIt.. ~t;:,[f of Ole 1"11-
m[dla.~ CPL.' ~
3 em IV Clrnty ,md tne rnlI"e l>ldfl.
. Dud tf Pol'c~,
& All f"I€'l1'l;:ers of BO:lrcJs and Comrmsslons:
- .2n,1
Ii p('~;,onl> {:l1"plG"cd to r{-i'r!H pr'\f~s1lo!\ill.
SCIC'lll:IC. 1l.C h:c:.;;.f PI" e~~c'~t l'er~Jr" or tem-
poral! i1,:j ('!',kllled JoI!;or of 1m OC'cJ\lltlnl il'ld
fAC~;>"(,"dl t'ln,,,<lcr, Pf 1.i\;t1t';l ll'nl::~ of
erkr;;"l"cy In"O)YI.;, t~le p'\lbll.: s.~fdr .~':<.I ~o
c..rlarc.-c ';) the tH; CC'''"cli. a pUoC'1" ~!1"';J\;)Yi"ll
as il c:.,J t:e'tm,e ("{')rd n)'or. Dr other coor-
dJ~"t.:.>t a;;;JV!rt~G tJ} rcaSJ'1 of ~uch O::IlI;or;;ellry,
Ib I The C'dnIL~i "~r\1cf> slt:!'J c".n;;rn~ all
vs.t:~'iS . :.l >1'!'CI~I~..Jly mrlllr!..!d. by thu sec-
IW:l 1'1 Ute l'nclhslfled ServIce
s. no:
~:n..;.,l
~t<t
"I 1:::11
M.....
Hill
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SA~-rA :\fOl'TCA :m:~[CIPAL CODE
~
Sr:CTIO~ 1103 Appnnltrnt'ntll tram
th., C'13....nhf'd i/l the t.:nda....jfl,ed ~n.lee.
In tht' evcnt 8.n otHc['r or employc of
lh" CIty holdIng a pO~Itlon In thl.' Classl-
tied Scr\Jce IS appointed to a posItion
in the Unrlal!llllficd Sen'lce. and should
subsequently be removed thercofrom, he
llhalI re\"ert to his former pOllltlon in
th(' Clas~J11cU SeT"llCC Wlthout loss of
any nghts or pnvlleges and upon the
!lame terms and ('ondlnons as If he }lad
~maIned In sIlIJ T"O!IUon contanuously
Shouf(f" such person be ehgtble for re-
tirement under the retirrment system at
the Urnf' of ,.uch subsequent removal.
upon recomml'nuation of the C1ty Man-
. agcr hI.' shall he retIred in lieu ot being
restored to hiS former posItion
SECTIQX 1104 C1a58lftcaUon. The
Personnel Dlre-dor shall mue periOdIC
studtes of thE' claSSIficatIon and gradIng
flf posthons and shall lNDmlt to the City
Manager for appro\ al any changes WhICh
h1! dC'erns desLrable to better c:lLSSI!Y
pOSItions, accordmg to simIlanty ot au-
thorIty, duties a.nd responsIbilities
Upon approval by the CIty ~{anager.
such proposed changes shall be referred
to the Personnel Board for the haldlrlg
at a public hearrng thereon at WhICh
officer:!! and ['mployC's af'fect"d thereby
and others interested and desiring to be
hea.rd shall be gwen an opportunity to
do '10 TJpon apnroval by the Personnel
Board thl'v '1haH be referred to the City
CounCIl (flr 1Inal consJderatlon and adop-
tIon
SECTIO:"J 11O!i RecnlltmelU, ExamlnauoDS
of applIcants for pOSItIonS In the ClaSSIfied Ser-
vIce shall De practIcal and relilte to lhose
matters wh.lch fairly test the relaUve capacIty
of the appllcants to discharge the dUUes of the
poSItIon to w!:Ilch they seeJc to be appolJlted
SECTlO"! BOO Repealed by Ord , 1051 CCS
adopted 4-12-77
SECTION )JD7 Pmormuce Evahudoal. A
system of compulsory. penodu:. at leur ~"...~al.
ly elhciency raungs shall be establill1ed by the
:Personnel Director for all employees III the
Classlhed ServIce, subiect \0 \he approval of
the Personnel Board
SpecIal ratIng forms shall be desi(lled lor
such claSSIfIcations as reqwre them UI order
241
R-Si
that the quail tv of performance by each person
rated or the re~Ulred functions of the poSitIOns
may be accurately reflected through theIr use
The CIty Manager shall be required to rate all
department heads and subordinate officers The
department heads shall rate all officers and
employees In theIr respective departments
Promouons shall be on the baSIS of ascer-
tamed ment. credit and senl<mty In service and
examination VacanCIes shall be fdled by
promotion upon competitive exammaUons un.
less the appolntmg authority In particular In-
slances beheves It Impractical or not In the best
mterest of the pubhc servIce, and the reasons
therefor are submItted to and approved by the
Per50Mel Board
SECTIO"; 1108 AppolDtmeDU Upon tile
receipt of notIce of a vacancy In the ClaSSIfied
Servl<:e the Personnel Director mall certIfy to
the appolntlnK authorIty the names of the three
lughest candIda tes on the elIgJble Jlst for such
posllIon If less than three names are on the
eltglble hst. the appoInting authority may re-
quest the estabilsl1ment of a new ehKlble list
No candidate may be certIfied more than three
Umes for any one Class:llea posltIon
When no eligible lists are avaIlable the Per-
sonnel Board under such Miles and refUlations
as It shall prescribe may autboTlze the appotn-
lI.ng authorlt\' to make temporary appointments
In the ClaSSIfIed ServIce wh.lcl1 shall remain In
force until regular appointments can be made.
but In no case to exceeO lllnely tOO) days In
order to prevent the stoppage of pubLIc business
and In order to meet extraordinary condItIons
r. 11I11
......
tyllrl
.. IW.ltQ
....,..,
-..., 77
SECTION 1109 Abolition of POIddon..
Layon.. Wltenever It bl!t'!omes necessary,
In the opinion of the City Council. to
&boll.sh a poSition 01' to nduee the num-
ber o~ employes In a given class In the
ClusLfted Servlce and to dischuge the
employe or employes holdlnl:' suc'l pOSl6
tlon or positions, the Clt~. Council may
do so by statIng In Its proceedrngs Its
reasons therefor Should such pOSItion.
or pOSItIons, be reInstated or any POSI-
tlon, or pOSItions. involVIng substantially
the '.1I11~ duties be created or filled With-
In one year, the employe or employes
discharged shall bl: appointed thereto
An lay-olf! shall be go""C'rned by Jle-
niorJty In service and shall be In the
reverse orcrr of employment Re-em-
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plo,ment .h~~l be m the feVer8e order of the
Iay~ffl
SECTION 1110 SUpell8iOD, DemotloD
IIDd m.aU.aJ The City Council BIld all
officers havmg appomtIve authomy are vested
WIth the ngbt to exeJ'ClSe the cbsclplmary and
removal powet's henlmafter proVlded
An employee servmg a probauonary penod
in 8Jl office, position or employment, sball be
IlUhJect to removal therefrom wn.hout nght of
appeal
An employee, other than one servIng a
probatiOnary period. holdmg a posItIon ]on the
ClasSIfIed Service shall be subject 11 to
SDspenSlon W1thout pay for a penod of not
eXC1ledmg thuty l301 days m anyone calendar
year, 2) to demotIon. or removal from Ius/her
poSitIOn ror nusconduct, incompetency, in-
efficIency or for fauure to observe the ruIee or
Jt!guIabons of the department, office or
agency, or to cooperate reasonably WIth
Jus/her lIupenor or fellow employeee but
subject to the nght of the employee to appeal
to the Personnel Board m the manner set forth
herem
Such employee ehall be tmtlt1ed to receIVe
upon request, at the offIce of the board or
officu taking such action. not later than the
tenth calendar day thereafter, a wntten
lltatement in which ehaII he stated separately
each of the charges agamst the employee upon
whIch such suspension, demotIon or removal
is based, a copy of wmch statement shall be
funuehed the Secretary of the Personnel
Board The employee shaIl have &en calendar
days after Ule receJpt of such statement of
charges to file an aDBWer to IUCb charges
should he or ebe desire to do 80
The BIlswer shall be filed In the office of the
City Clerk and Wlth the Secretary of the
Personnel Board In the IDBWer, luch Bin-
ployee may request a hearmg by the Personnel
Board to reVIew loch suspension, demotlon or
removal whIch IlhaIl be ea1led and held 88
provIded for in the rules and regulations
Hearmp may be conducted mformaIIy and the
rules of evJdence need not apply The Penoll-
nel Board shall make wntten findmga. COD-
cluSIonl and recommendatlons wlueb .shall
ate for each charge whether or not such
charge iI!I flUStamed and wbetber jUBt. cau.ee
Ulsts for disophne
If. W1th respect to a demotwn, such Person-
nel Board shall conclude that such demobon or
removal was Without IUlt cauee, a recom-
mendatIOn by It of reinstatement without 1088
of pay shall be bmdmg upon the appomtmg
power who forthWIth ehaIl order luch rem-
statement and m such event the conclUS1OB9
and recommendation of the PerIIOIIIlel Board
_h.1I be final. and DO appeal may be taken
247
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therefrom If the Personnel Board concludes
that such demotIOn or removal wae With Juet
C8Ul1e, any recommendatJon by 1t shall be
advisol')" only and shaU not be bmdmg on the
I appomtmg power and In such instance 8fld m
l the mstance of 8 Buspenslon the deciSIon of the
appointing power shaU be final and DO appel
may be taken therefrom Vacancies created
under t1u8 section may be filled by the
appomtmg authonty by temporary appomt-
ment pending the completJOrl of any proceed-
ings taken hereunder
A reductIon m pay shaU be a demotIon.
under tms leCtlon, unless It lI!I a part of a plan
to reduce saIanea and .lwages 111 connection
With a general economy or curta.rlment pro-
gram A f8.1lure to grant an Increase to an
mdIVldual at a tUDe when Increases ate
granted generally as a pm of a plan to
mcrease salanes and wages throughout the
City service shaU hkewlse be a demotIOn
SECTION 1111 Political AcUvilJe! All
employees In the Classlrled Senlee shall be sub-
Ject to current sLale and !ederdlla~s r('l:uJ,lllllg
political aCtIvlllE'S or saId emplo} ees
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SECTION 1112 I'ruhlbilion.. No pt'r-
son shall wlltuIly or corruptly make any
talse statement, certificate. mark, rating
or report in regard to any applIcation,
test, certification. or appointment held
or made under the persor.nel proV1.!llOn
ot this Chuter or in any manner comnut
or attem,Pt any fraud preventing the im-
partial execution ot such personnel pro-
ri&ona or rul,. and regulaUoJ1$ made
hereuncler.
Any person who by hinuelf or with
others wilfully or corruptly viola tel any
of the provisions of tJus ArtIcle shall be
guilty of a misdemeanor and shall upon
conviction thereot be punilhed by a Ane
of not more than Five Hundred (S5oo 00)
DoUars, Or by impnsonment for a tenn
not exceelllng six months, or by both
neb fine &.Dd imprisonment. Any per-
aCln convicted hereunder shaJ) be inellg-
ible for . period of Ave yean for em-
ployment in the City Mmee and shall,
jf he 1a an Dmcer or employe of the
City, JmmedJately forfelt his omce or
poaIUon.
S!:t..-J.'.i.ON 1113, Contract for Per-
fonnance of Ao"'ndnlltrative Function..
The City CouncU, upon recom.mendation
of the City Manager, may contract with
the governing body of any other city, or
county Within thil atate, or with &I1Y
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atate department or other agency fer
the preparation or conducting of com.
petitive examinations for posltlonlin the
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City aervice or for the pertonnance of
any other personnel amnirosuaUon
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ARTICLE XII-RETIIEMENT
Ir'
SECTION 1200 State System. '!'he
"State Employea' Retirement Act", U It
now existll or !nay hereafter be amend.
ed, is hereby adopted for the City of
Santa MonJca, and plenary authority and
power are hereby vested In lIaid City,
il:.! CIty Council and Its .several omeen!,
agents and employes to do and perform
any act, or exerCIse any authority grant.
ed, permitted, or reqUIred under the pro-
VIsions of sald RetIrement Act, to enable
said City to become or continue .. a
eontracting City participating in the
State Employes' Retirement System;
provided, however, that the City Council
may tenninate any contract entered into
with the Board of Administration of the
State Employee' Retirement System only
under authonty granted by ordinance
adopted by a majority vote of the elec-
tors of the City of Santa Momca, voting
on IIUch proposition at an election at -
wtuch such proposal Js presented
ARTICLE XJII-GENfRAL PROVISIONS RElATING" TO
OFFICERS AND EMPLOYES
SECTION 1300 Official Bond.. The
City CounCIl shall fix by ordmance the
amounts and terms of the cfflclal bonds
of all oiflcials or employes who are re-
qwred by this Charter or by ordmance
to give such bonds An bonds shall be
approved as to form by the elt;:, .l\.ttor-
ney. and, Wlth the exception vf thf' bOI'd
of the CIty Controller, shall be filt'd wltl1
the city Controller The Controller's
bond shall be tlled with the Clty Clerk
Premiums on ol!icial bonc1s shall M paid
by the Clty.
In all cases wherein an emplo\'e cf
the CIty is required to furnish a fli.lth:ul
performance bond, there shan bp no per-
lonal liablhty upon, or any right tl)
recover against. hIS superior officer or
other officer or employe, or the bond ot
the latter, unlellS such lIuperlOr otftecr,
or other odieer or employe fl a party
to, or has conspired in, the wrongful
act caUSlllg d1recUy or inchrecLly !luch
Ion
SECTION 1301 Oath of Cffl~". Each
member of the City Counell, of cvery
board and commlssion and eli.ch oiflc::
provided for in this Charter before en.
tering upon the dll;cRarge of the duties
of his office, aba1l take. subs(.ri~ to and
f1ie WIth the CIty Clerk t.~e following
oath OT affirmation
"I do soJemnly swear (or affirm, as
the case may be) Ulat I WIU support the
ConstltuUon of the Umted States and
the C<mstitutlon of the State of Call-
fomla, and that I wlll faithfully dis-
charge the dulles of the oftke of (here
Jnsertmg name of ottic~) according to
the best o! my ab~Uty"
SECTION 1302 mega} Contr.u-t. FI-
nllllc:laIIDtere5t. No member of the City
....
CounCIl _hall be llnanclally Interested.
d~lt:CUy or indirectly, in any contract,
sale or transaction to whIch the City
is a party and neither shall any City
official or employe be interested in any
contract, lIale or transaction to which
the C.ty ill a party and which comes
befo. e sald officlll.l or employe, or the
dep~rtmrnt of the City with which he
J. connected, for offiCIal action Any
auc.'1 contract or transaction In which
theN shall be such a.n inteNllt 6hall
b~come void at the election of the City,
...nen 10 declared by resolution of the
CIty council.
No member of the City Council, City
aBiCIBI OT emptoye shatt be deemed to
be lIi'lanclally interested, Within the
meaning of the foregoing proVISIOnJ, in
al\1 ccntract made With a corporation
by rU$On of the ownership of stock in
.uch corporation unJess said stock owned
by him .hall amount to at leut three
(3<Jd per cent of all the atock of aucl1
corporation luued and outstanding. No
Clty Councilman or member of any board
or commluion lIhall vote on or partici-
pate In any contract or transaction in
which he i.s directly or Jndirectly finan-
cially interested whether as a atock-
holder of the corporatlon or otherwise
If any officer of the City, during the
term for whIch he waa elect~c1 or ap-
pomted, .hall so vete or participate. or
shaU be dnr.n<:ia.lly Inte~sted u afore-
saId, upon cOlaiction thereof, he shall
forfeIt hIS office
SECTION 1303 Duties of Oftlcen ~II
Emplove&. The Oty CounCil br ordi-
nance' mny aalgn additional functions
or duUe. to oflicell, departments or agen.
cies eltabliihcQ by tha Charter, but
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SANTA MONICA CHARTER
may not dtllcontinue or assign to any
other office, department or agem.y any
tunctlon or duty assigned by this Char-
tet' to a particular nffice. department or
agency
SECTION 1304. Admlnisurlng Oaths.
Each department head and his deputies
shall have the power to administer oaths
end affirmahons In connection with any
OfflelDl business pertaining to his de-
partment
244
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SECTION 130:5 Department Head..
Appointment Powe.... Each department
head shall have the power to appoint and
remove 8Uch deputies, lUlslstanu, Bub-
ordinates and employee as are provided
for by the City Council for his depart-
ment upon the following conditions.
ea) Subject to the ciVil service provi-
sions of this Charter and the rules and
regulations promulgated hereunder, and
(b) Subject to approval of the City
Manager being first had and received
ARTICLE XIV-ELECTIONS
SECTION 1400 General Mwelpa] Elee-
dOD. General MUniCipal Elections for the fill.
IIlg of electIVe office shall be held in saJd City
on the ftrst Tue5day after the first Monday of
November in each even numbered year com.
mencmg WIth the year 1984
For those elected officers whose terms are
scheduled to expll'e in Apn11985. those terms
shall expll'e in November 1984 For those
elected officers whose terms are scheduled to
expire In Apnl 1987, those termll shall expire
in November 1986 The elections to rill SlUd
omce~ shall be held on the election days
establtshed pursuantto thIS Article The terms
of the omcenl elected m November of \!\Ien
numbered years shall begrn on the Ilrst Tuesday
folloWlllg thell' electtons
The provisions of thIS Section shall take
effect and control over any other prOVISions of
thIS Charter m confbct WIth this Section
SECTION 1401 Special ltlunicfpal
Eleetlons. All other municipal elections
that may be held by authority of this
Charter, or of any law, lIhall be known
aa special munICipal elections
SECTION 1402 Fint Election Under
Charter. A special municipal election
shan be held for the electron of the first
members of the C.ty Council under thiS
Chatter and for five members of the
Board of Education, on the tenth Tul"S-
day follOWIng the appro,'al of thIS Char-
ter by the Legulla ture
SECTIO~ 1403 Procedure tor Hold-
Ing Electlon8. Unless otherwise provided
by ordmance, hereafter enacted, all elec-
trons shall be held in accordance with
the provlslons of the ElectIOns Code of
the Stale of California, as the !lame now
eXIst or may hereafter be amended, for
the holdmg of elections In CIties of the
SIxth class lnsofar as the same are not
in contlict WIth thIS Charter
SECTION HOt Initiative, Referendum
and Recall. Unless otherwtse proVided
by ordinance, hereafter enacted. the pro-
Visions of the ElectJons Code of the
State of California as the same now exist
or may hereafter be amended, govern-
ing the initiative. referendum and the
recall of municipa.l officers, shall apply
to use thereof In the City Insofar all JlUch
proviluonll of the ElecUons Code are not
in conflict WIth this Charter
ARTICLE XV-FISCAL ADMINISTRATION
SECTION 11500 Fi~al Year. The fis-
cal year of the City government shall
begm on the first day of July of each
year and end on he thIrtieth day of
June of the following year
SECTION 1501 Ta" System. Unless
otherwise provided by ordinance. the
city shall continue to use, tor the pur-
pose of ad valorem municipal taxation.
the county lIystem of assessment and
tax collection, as such system is now
in effect or may hereafter be amended
and insofar as such provisions are not
In contlict With this Charter
If the CIty Council fails to tlx the
rate and levy taxes on or before August
31. in any year. the rate for the next
precedIng fiscal ~ear shall thereupon be
automatically adopted and a tax at such
rate sho.ll be deemed to have been levted
on all taxable propert~. In the City lor
the current fls<.al year
SECTION 1502 Annual )Judget.
Preparation by City Manager. At such
date as he shall determine, the City
Manager, or an offtcer designated by
him, shall obtain from each department
head estimates ot revenue and expendi-
tures for hiS department. detailed in such
manner as may be prescribed by the City
Man.ger In preparing the proposed
budget, the City Manager shall revIew
the estimates, ehall hold conferences
thereon with the department heads, re-
spectively. and may revise the estimate.
as he may deem adVisable
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SECTION 1503 Budget. Subml.alon to
City Council. At least thirty-five day!!
prior to the beginning of each filK!al
year, the City Manager shall submit to
the City CouncIl the proposed bud~t
as prepared by him After reviewing
same and making such revisions as it
may deem advlsable, the City Council
shall determine the time for the holding
of a public heanng thereon and Ilhall
cause to be published a notice thereof
not less than ten days prior to said
hearing, by at lea5t one msertlon In the
offiCial newspaper
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Copies of the proposed budget shall
be available for inspectron by the public
in the office of the CIty Clerk at least
ten days prIor to said hearIng
SECTION Hi04 Budget. Public Hear-
mg. At the time so advertIsed, or .at
any tfQ1e to which such pUblic hearing
shall from time to time be adjourned
the City Council shall hold a public
hearing on the proposed budget, at which
- interested persons deslrmg to be heard
shall be g'lVen an opportunity to do so
SECTION 1505 Budget. Further Con-
sideration and Adoption After the con-
clusion of the public hearmg, the City
Council shall further consIder the pro-
posed budget and make any revisIonS
thereof that It may deem adVIsable, and
on or before .rune 30 it shall adopt the
budget WIth re\islons. if any, by the
affirmatIve votes of at least four mem-
bers Upon final adoptIon, the budget
shall be lJ1 effect for the enSUIng fiscal
year A copy thereof, certrfied to by
the City Clerk, shall be filed WIth the
City Controller and a further copy shall
be placed, and shall remaIn on file. in the
office of the City Clerk where it shall
be avaIlable for Inspection The budget
so certified shall be reproduced and
caples made available for the use of all
officers, departments and agenCIes of the
City and ciVIC orgamzatlons
SECTION 1506 Budget Appropria-
tions. From the effective date of the
budget, the several amounts stated
therein as proposed expendI tures Shall
be and become appropriated to the sev-
eral offices, departments or agencIes for
the respectn'e objects and purposes
therein specified All appropriatIOns
shall lapse at the end of the fiscal year
to the extent that they shall not have
been expended or lawfully encumbered
At any meeting after the adoption
of the budget, the City CounCIl may
amend or supplement the budget by mo-
tion adopted by the affirmatl"e votes of
at ]ell8t five members so as to authOllU
the transfer of unused balances appro-
pria ted for one purpose to another pur-
pose, or to approprIate avallable reve-
nues not included an tlte budget
SECTIO:-; 1507 Centralized Purchas-
Ing. Under the control and dIrectIon of
the City Manager there shall be estab.
lished a centralIzed purchasing system
for all cIty departments and agenCIes
The CIty Manager shall recommend and
the City Councll shall conSider and adopt
by ordinance, rules and regulations gov.
erning the contracting for, purchasang,
stoting and dIstribution of all supplIes,
materials and equipment required by any
office, department or agency of the CIty
government
24:';
The Purcha81ng Agent shall have
power and shall be reqUIred to'
(a) Establish an d enforce specifica-
tIons WIth respect to supplies, matenalJJ,
and equipment reqUired by the CIty gov-
ernment,
(b l Supervise the inspection of all de-
liveries and determine conformance WIth
specific a lions,
(cl Have charge of such general store-
rooms and warehouses as are established
by the City Council. and
(dl Sell or transfer to or between of-
fices, departments or agencies, surplus,
obsolete, or unused supplIes, matenals
or eqUIpment
SECTION 1508 Competith e Bidding
Before makmg any purchase of, or con-
tract for, supplies, materIals or equIp-
ment, the purchaSIng agent shall give
ample opportunity for' competItIve bId-
dIng, under such roles and regulatIons
and WIth such exceptIons as the City
Council may prescnbe by ordl'1&nce
SECTION 1509 Cash Basis Fund. The
CIty Council shall mamtam a re\'olvmg
fund, to be known as the "Cash BaSIS
Fund", for the purpose of placmg the
payment of the running expenses of the
eltv on a cash baSIS A suffiCIent reserve
shail be bUilt up In thIS fund from any
available sources WIth which to meet
all la.....ful demands agamst the CIty for
the first five months, or other necessary
perIOd, of the succeedIng fiscal year prior
to the recelpt of ad valorem tax reve.
nues Transfers may be made by the
CIty CounCIl from such fund to any
other fund or funds of such sum or sums
as may be reqUIred for the purpose of
placmg such funds, as nearly as pOSSIble,
on a cash basis
All moneys so transferred from the
Cash Basis Fund shall be returned there-
to before the end of the fiscal year
SECTION 11510 Public Senlee De-
partments Depl'ffiatfon Funds. The City
Councll shall annually set aside from
the income derived from its revenue
producing public utilities, as a separate
depreCiation fund for each of said public
Utllitles, a sum which, accordIng to the
estJmate of the CIty Manager. and ap-
proved by the Clty CounCIl. shall be suf-
ficient to meet the normal depreCiation
in saId public utIlIty Such depreCIation
funds shall be used only for the replace-
ment, betterment and extenSIon of the
plants and eqUIpment of Bald publIc utIl-
itlea, respectIvely
SECTIO~ 1511 Capital OuUa:1'1l Fund.
A fund for capItal outlays, generally, is
hereby'(!reated, to be known as the "Cap-
ital Outlays Fund" The City Council
by ordrnance may create a speclal fund
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or funds for a special capital outlay pur-
pose The City Council may levy and
collect taxes for capital ouUays and may
include in the annual talC levy a levy
for such purposes in which eVl!nt it
must apportIon and appropnate to' any
SUCh-fund or funds the moneys derived
from such levy It may not, In makIng
such levy, exceed the maXImum tax rate
pro\1ded for in thIS Charter, unless au.
thorized by the affinnabve votes ot a
majority of the electors voting or. the
proposItion at any election at which
such question Is submItted The City
Council may transfer to any such fund
any unencumbered surplus funds re-
maInIng on hand in the CIty at any
bOle
Once cTeated, such fund shall remain
invJolate 'for the purposes for which It
was cTeated, it, for capItal outlaYll, gen-
erally, then fOT any such pUTposes and
if for a special capItal outlay, then for
such purpose only, unless the assent of
the voters IS expTessed to the use ot
such fund for some other pUTpose by
majorIty 'ote of the electors \'otrng In
favor thereof at a geneTal or speclal
electlOn at whIch such propoSItIon IS
submItted
SECTIOX 1512 Departmo!Dtal Trust
Fund The CIty CounCIl may prt'!'cnhc
by ordu"ance for the settiilg un pf a
Treasurer's Departmental Trust F':-ct
In to whkh the collectIons of th(' ,., 1hc >
departll"ent, Hcense collector, building
officer, ete, may be deposited oy the re-
spective officers at frequent lntervals
dUrIng each month, with ad\ Ice of each
depoSIt being tUTnillhed to the Cltv
Treasurer Withdrawals from such fu:-d
may l:oe made by the CIty TreaSurer only
on 01 der SIgned by the proper depart-
ment head and for the followmg pur-
poses only:
(al The makIng of refund ot ball
which has been exonerated or of other
refundable depOSIts, revol\'lng fw;d ad-
vances authonzed by the CIty CouncU,
or for the correction of clerIcal 01' mIn-
JsterIal errors in the receipt of payments
to the CIty, and _
(b) The making 01 settJementa with
Oty funds at the end of each calendar
month for collections accumulated dur-
ing the month
SECTION 1513 Presentation of De-
mands. All demands against the City
for WhICh appropriations have been
made, before bemg p&ld, S"::-ll be prc-
Jlented to and approved by the Clt;\' Ala."-
agel'. Demands for whlch no approp"Ia-
tions have been made shall be pres"!ltcd
to the City Council for t..pprovat .\.ny
person dIssatisfied Wlth the refusal of
the CIty Manager to apprOVe an' dc-
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mand, in whole or in P:Ul. may present
the same to the City CounCIl, whIch,
after examining into the matter, may
approve or dIsapprove the demand, 1n
whole or 1n part
Petty Cash Fundll. The City Council
may proVIde for revolving petty cash
funds to be plud to the City Manager
or department beads and used for pay-
ment in clulh of expenditures prOVided
fOT in the budgets. that cannot con-
veniently be paid othennse The CIty
Manager, or such depaTtment heads.
shall account to the City CounCIl for all
disbursements made therefrom when
makIng demand for Teplenishment of
the same and at such other tImes as the
Council may reqUIre and the amounts
shall thereupon be charged against the
proper appropnatlons
SECTlO:-: 1514 \tarrants on Treas-
ury_ All demands. after prE'sentatlon and
approval, f;lIall be transmItted to the
City Controller \\ ho shall examme the
same, and If the amount thereof 1s
lej;ally due and there remains on his
books 1''1 unexhausted balance or an ap-
propriatIon against whIch the same may
be charged, he Shall approve such de-
mand and draw hIS ....arrant on the City
Tr(':lSUrH therefor. pa;\able out of the
pTcper fund ObjectIons of the Con-
troller may be overruled by the City
CounCil and the warrant ordered drawn
Sucoh warrants when presented to the
Treasurer, shall be paid by hIm out of
the fund deSIgnated, if there be .suf-
fiCIent money In the fund fOT that pur-
pose A warrant not paid for lack of
funds shall be registered. and all Teg-
istered \\ arrants shall be paid in the
order of their regrstratlon when funds
theTefor are avaIlable
The Controller ahall draw his war-
rants faT payment of muniCIpal or other
bonds, payable out Of funds in the Treas-
ury, Upon presentation and surrender of
the propcr bonds or coupons, without
further approval of any body or officer.
SECTIOX Hi1:! Actions Against City.
No suit shall be brought on any claIm
tor money 01' damages agaInst the City
or any board or commiSSIon thereof untIl
a demand for the same has been pre-
sented as hereIn proVIded and rejected
in whole OT in part It rejected In part,
suit may be brought to recover the
whole. Except In those cases where a
shor+er t!me Is otherwise provided by
law, all cl&ims tor damages against the
CIl; must be presented withIn IIX (6)
mC''1U1s after the occurrence, event or
trarsaction from which the damages
allL~edJ~. arose, and all other claims or
demands shall be prelented within &Ix
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SANTA MONICA MUNICIPAL CODE
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(6) months after the last Jtem ot the
account or cla1m accrued
Every claim for money or damages
agamst the Oty or any board or com-
misSlon thereof shaD be filed with the
City Clerk, who 15hall thereupon pres4!nt
the same to the City Councll, oftlcer,
board or commission authonzed by this
Charter to incur or pay the elCpenditure
or alleged indebtedness or ltabIlIty repre.
. aented thereby In all cases such claims
shan be approved or rejected in writing
a.nd the dale thereof given Failure lo
act upon any chum or demand Within
sixty (60) days from the date the same
is tiled WIth the City Clerk. shalJ be
deemed a. re]ectlon thereof
SECTION 1516 Independellt Audit,
247
The CIty CounCIl shall employ, at the
beginnmg of each fiscal yeu, a qualified
accountant who, from time to bme, shall
eX8.IJnne the books, recordS, inventories
and reports of all ofiicers and employes
who receive., handle or disburse public
funds and of such other officers, em-
ployes or deplLrtments as the City Coun-
cll may direct. At the end of the year,
a tinal audit and report shall be sub-
mitted by such accountant to the City
CounCIl, one copy thereof to be distrIb-
uted to each member, one to the City
Manager. CIty Controller and City At-
torney, respectIvely, and three addItional
copies to be placed on file in the office
of the Dty Clerk where they may be
&Y3:11able 101' inspeCl.1on by the general
publ1c
ARTICLE XVI-fRANCHISES
SECTION 1600 Grantmg of Franchlsefi.
The CIty CoullcII is empowered to grant
by ordmance a franchIse to any person,
tlrm or corporaUQn. whether opera.tmg
under an existrng franchIse or not, to
furnish the Crty and its mhabltants with
transportation, commUDlcatlon, termInal
faCIlitIes, water, light, heat, power, re-
fngeration, storage or any other publIC
utIlI ty or servIce, and to use the publ1c
streets, ways, alleys and places. as the
same now 'Or JJlay hereafter exist, for
the constructIon and operatIOn of plants.
works. or eq1Jllpment, necessary or con.
vernent for the furnishing thereof, or
necessary or convement for traversing
any portion of the City for the trans-
mltung or conveYIng of any service else-
where The City CounCIl may prescnbe
the terms and condItIOns of any such
grant It may also provide, by proce-
dural ordmance, the method of proce-
dure and addibonal terms and condluons
for makmg soch grants, subject to the
proVIsions of this Charter,
SECTION 1601 Resolution of Inten-
tion. Notice and PubUe Hearing. Before
granting any franchise, the CIty Council
shall pass a resolution declanng itll in-
tention to grant the orne, stating the
name of the proposed grantee, the char-
acter of the tranduse and the termS and
condItions upon which it is proposed to
be panted Such resolution shall fix and
set forth the day, hour and place when
e.nd wMre any persons having any in-
terest therein or any objectIon to the
granting thereof may appear before the
CIty Council and be heard thereon It
shall direct the CIty Clerk to publ1sh
said resolution at least once wlthin fif-
teen (1:S) days of the passage thereof,
in the otliclaI ne\\'spaper The tIme fixed
J
for such he-al'mg shall not be lells than
twenty (20) nor more than sibey (60)
days after the passage of said resolution
At the time set 101' the hearing, the
City Council shall proceed to hear and
pass upon all protesta and Its declslon
thereon shall be final and conclusive
Thereafter, it may grant, or deny, the
franchIse, subject to the rIght of refer-
endum of the people
SECTION 1602 Term of Franchise.
Every franchise shall state the term for
whIch it is granted, which, unless l1 be
indetermina te as proVlded for herein,
shall not exceed twenty (20) years.
A franchise grant may be indeterrm-
nate, that is to say, it may prOVIde that
It shall endure in fun force and effect
UlIttl the same, WIth the consent of the
Railroad CommIssion of the State of
Califorll1a, shall be voluntarIly surren-
dered or a.bandoned by Its possessor, or
untIl the State of Calffornia, or some
municlpal or pubbc corporatIon. there-
unto duly authotlzed by law, shall pur-
chase by voluntary agreement or shan
condemn and take, undl!!r the power of
eminent domain, all property actually
used and ~ful in the exercIse of such
franchise and SItuate wlthm the tern-
torlal limits of the State, mUnicipal or
pubhc corporation purchasing or con-
demning such property, or until the
franchIse shall be forfeIted for noncom-
pliance with its terms by the possessor
ther~f
SECTION 1603 Grant to be In Lieu
of all other Franc1Uses. AJIy franchise
granted by the Clty with respect to any
gwen utiUty 1lEJ'Vlce shall be in lieu of
all other franchises, rights 01' pn\"lleges
owned by the grantee, or by any sue.
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cessor of the grantee to any rIghts under
Buch franchIse, for the renderIng of such
utIlIty service withIn the limits of the
City as they now or may hereafter exist,
except any franchise derived under See.
. tion 19 of Article XI of the COlUltItutlon
01 CalIforma as said section e:\.lsted pnor
to the amendment thereof adopted Octo.
ber 10. 1911 The acceptance of any
franchise hereunder shall operate as an
abandonment of all such franchu ea,
nghts and privileges Within the limIts
of the City as such lImlu shall at any
time exist, In lieu of which such fran-
. chise shall be granted
Any franchIse granted hereunder shall
not become effectIve until wTltten ac-
ceptance thereof shall have been tiled
by the grantee thereof WIth the CIty
Clerk Such acceptance shall be filed
WIthIn ten (10) clays after the adoptIon
of the ordmance grantIng the franchISe
and when so filed, such acceptance shall
constrtute a contInUIng agreement of
IU ch gran tee that if and \1\ hen the CI ty
shall thereafter annex, or consolidate
with, addItIOnal terntory, any and all
franchises, rIghts and prl\'Ileges owned
by the grantee thereIn, except a fran.
chlse derived under saId constItutIOnal
proviSion, shall likeWise be deemed to
be abandoned \1\ Ilhln the 11m I ts of such
territory
SECTION 1604 Eminent DomaIn :-'-0
franchise grant shall in an~ wa\' or to
any extent Impair or a.ffect thc right of
the City to acquire the property of t~le
grantee thereof either by purchase or
through the exercise of the rIght of emI-
nent domaIn, and nothIng herem con-
tamed shall be construed to cc" tract
a\\ay or to modify or to abnc!gc clther
for a term or 1n perpetUIty the City's
rIght of eminent domain With respect to
any publIc utilIty Every frant.hise grant
shall reserve to the CIty the right to
purchase the property of suc"r utility
eIther at an agreed price or a price to
be determmed in a manner to be pre.
scribed m the grant, or in the procedural
ordInance hereinabove mentIoned In tix-
ing the prIce to be plUd by the City for
any utility, no allowance shall be made
2~e
for franctuse value (other than the ac.
tual amount paid to the City at the
time of the franchise aeqwsIUon), good
\\ Ill, gOing concern, earnIng power, In.
creased cost of reproduction, Jleverance
damage, or Inereased value of nght of
way
SECTION 1605 Duties of Grantee. By
Its acceptance of any franchise here-
undEr. the grantee shall covenant and
agree to perform and be bound by each
and all of the terms and conditions im-
posed in the grant or by procedural or.
dmance, and shall further agree to:
(a) Comply WIth all lawful ordInances,
rules and regulatIons theretofore or
thereafter adopted by the CIty Council
In the exercise of its polIce power, gov-
ernIng the constructIon, maintenance
and operation of Its plants, works or
equIpment. J
lb, Pay to the CIty on demand the
cost of all repaIrs to publIc property
made necessary by any of the operations
of the grantee under such franchise,
(e) Indemnrfy and hold harmless the
CIty and its officers from any and all
liablhty for damages proxImately result-
ing from any operatIons under such
franchIse,
(d) Remove and r!!locate without ex-
pense to the City any faCIlItIes installed,
used and mamtalned under the franChIse
It and when made necessary by any
lawful change of grade, alignment or
WIdth of any public street, way, alley
Dr piace, includmg the construction of
any subway or viaduct, and
{el Pay to the CIty during the life of
the franchIse. a percentage, to be speci-
fied In the grant, of the gross annual
receIpts of the granteE' wlthm the lImits
of the City, or such other compensation
as the City Council may prescribe In
the grant,
SECTION ]606 Eur('lslug RIghts
\\lthout Franchise. The exercise by any
person, firm or corporatlQn of any pnv-
Hege for which a franchise Is reqUIred,
without procunng such franchise. shall
be a misdemeanor and each day that
such condItion continut'S to exist shall
constItute a separate violation.
ARTICLE XVII-MISCEUANEOUS
SECTION ]700 Definitions. Unless the
proVISion or the context otherwIse re.
quirell, as used in this Charter,
(a) "Shall" IS mandatory, and "may"
Js permissive
SECTION 1701 Vlol&t1on~. The \'lola-
tion of any provision of thiS Charter
shall be deemed a misdemeanor and be
punIshable upon conViction by a fine cf
not exceedIng FIve Hundred ($500 00)
Dollars or by imprisonment for a term
of not exceeding six months or by both
such firle and imprisonment
SECTION 1702 Validity. If any pro-
ViSIOn ot tillS Charter, or the applIcation
thereof to any person or circumstance ta
ht'ld tnvahd, the remainder of the Char-
ter, and the application of such proVision
to other persons or circumstancel!, shall
not be a1fected thereby
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SANTA MONICA CHARTER
241:11
R 76
ARTICLE XVIII -KENT CONTROL LAW
SECffON 1800 StatementofParpoee. A
growJnI( shortage of houSlnR Units tesultrng In a
low vacancy rate and rapidly rising rents ex-
pfolting this shortage consUtute a serious
hOUSing problem affecting the iNes of a lub-
stantial portion of those Santa Monica residents
who reside In residential housmg. In addition,
speculatIon m the purchllSe and sale of eXlStUlR
resIdential housing units re'lults in lurther rent
Increases These condition ~ endanl{er the public
health and welfare of Santa MonICa tenants,
e~peclally the poor, mmorJUf''l, students, young
famIlies, and semor Cltlzen~ 1 he pu rpose ofthill
ArtIcle, therefore, is to alleviate the hardship
caused by thiS serious houbmg shortage by
estabh'lhmll a Rent Control Buard empowered
to regulate I"entals m the City of Santa Momca
so that I"ents will not be mcrea.'>E'd unreasonably
and so that landlords will receIVe no mOl"e than
a faIT return
In order to accomplIsh thIS pUl"pose, thIS
Arucle pruVldes for an elf.'Cted Rent Contl"Ol
Board to ensure that rents are at a fall' level by
requtrmg landlords tOJustrfy any rents In excess
of the rents In elTect one year prIOr to the
adoptIon of th IS Article Tenants may seek rent
red uctlons from the rent In effect one year prior
to the adoptIOn of thas Article by establlshmg
that those rents are exce!llllVe fn additIOn to
Rlvmg tenanUl an opportunity to con lest any
rent Increase, thIS Article attempl.!l to pl"OVlde
reasonable pl"Otection to tenants by controlling
removal of controlled rental units from the
hOUSIng market and by requlnngJust caulIe for
any eviction from a controlled rentlll unit
Through thIS ArtICle, the City exercl8ell Its
polIce power in order to address the serious
hOUSing problem recognIZed in the original
enactment ofthlS Rent Control Law in 1979 and
still existmsln 1984 The 19S4 Amendment to
the Rent Control Law as intended to clarity the
faw and enllure that the Rent Contl"Of Board
po8lIIes5eS adequate and Independent authority
to carry out Its duties [t is Intended to ensure
due process of law for fandlnrds and tenants,
effective remedies 101" violation of the faw, and
consIStency WIth constitutional requirements.
It is also Intended to enable the Board to
provide relief to persons facll1l particular
hal"dship and to prote<:t and II1Cl"ease the supply
of aft'ordable housmg In the City Termination
or erDSJon of the protections of th1S Article
would have senous dlllruptlVe consequences for
persons in need of pl"Ot~tJon and the supply of
affordable housing In the City
SECJ'fON lSOI Def'lDldOIUl. The following
words or phrases as used In thIS Article shall
have the followlns meanings
(a) Board. The term "Board" I"efers to the
elected Rent Control Board establIShed by this
ArtICle
(b) eommlMlonen The membel"!l of the
Board and Intertrn Boal"d are denommated
Comml!llllOnel'll
(c) Controlled Rental Unl.. All I"esi-
dentJaf rental units in the City of Santa MoniCa,
including mobile homes, and mobIle home spaces,
and tra1lel'S and naIler spaces, except smgle
family homes to the extent pl"OVIded fOI" in
Section 1815 and those units found by the
Board to be exempt undel" one or more of the
followlhg proVISions
(I) Rental UnIts In hutels, motels, Inns,
tounst homes and I"OQmlng and boarding hou!lI!lI
which are I"ented pnmanly to tl"anSlent guests
for a penod of less than founeen (14) daY'"
(2) Rental unIts In any hospItal, convent,
monllStery, extended medical care faCIlity,
asylum, non-profit home lor the aged, or
dormitory owned and operated by an InsUtutlon
of htghel" education
(3) Rental UnIts which a government umt,
agency or authority owns, operates, manalles,
or In which governmentally subSidIZed tenants
res.de on Iy If applicable Federal or State law or
admmllltratNe regulation specially exempt such
UnIts fl"Om mUnIcipal rent control
(4) Rental umlS In owner-occupIed dwelllnWl
WIth no mOl"e than three (3) unl~ FOI" purpo~es
of thas section
(I) The term .owner' means a natural person
who owns a Ufty (50) percent oWflership 1nLel"est
In the bulldmg and reSides on the pl"Operty as
his or hel" prmclpal place of residence
(it) An exemption under thIS Section shllll
expire by operation of law when the owner
ceases to leslde on the pl"Opertyas h1!i or her
pnncipn place of residence, thereafter,all units
on the propeny shall be subject to all pro\ll!llOns
of this Article
(Ii) Rental Units and dwellings constl"ucted
after the adoption ofthas Article, thIS exemption
does not apply to units cl"eated as a result of
COnversIon &lI opposed to new construction
(6) Where a unit Is KlUa1f;y uaed for pul"pOlleS
ofprovtdlng, on a nonprofit bub, chUd care or
other residential soclalllel"Vica In accordance
with applic8ble laws This exemptIOn shall expIre
when the use upon Which exemption is based
ceasea This enmption shall only apply to units
u they become vacant and shall only operate to
aUow the specified use Without the necessity of
Obtailllng a removal permit under this ArtiCle
This exemption shan not be construed to
authorize Ule evictIon of any tenant nor to
authorize the chargmg of rent In ellcess of that
permitted undel" this Article The Board may
adopt regulations to detel"mme whether a umt
qualJnes for an ellemptlon under this Section
(7) Exemptions are not automatic but shall
be lVanted by the Board upon application by
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tile owner pursuant to Board rules, provided
that if the Board does not act upon a completed
applicatwn for el:emptIon within ninety (90)
days of ItlI filing It shall be deemed applllVed
(d) Bo..tlll 8e1'Yl~e. HOUSIng services
Include, but are not limited to repairs,
maintenance, paintIng, pJ'OVldlllg bgJlt, hot and
cold water, elevator servICe, window shades and
sereenl, Itorlllle, kitchen, bath and laundry
facilities and prMleges, janitor servlCes, refuse
removal, fumlShmgs, telephone, parking, and
any other benefit, prMlege or facl.bty connected
wlrh the use or occupancy of any rental unit
ServICes to a rental umt shall mclude a pro-
portionate part ofservlces provided to common
faclliues of the bullding in which the rental unit
IS contamed
(e) Landlord. An owner,lessor, sublessor
or any other person entitled to receIVe rent for
the use and occupancy of any rental UnIt, or an
agent, representatIVe or successor of any ohhe
foregomg
(0 hDt. All perIOdIC payments and all
nonmonetary conslderauon includmg but not
lImited to, the flUl' marlcet value of goods or
selVltes rendered to or for the benefit of the
landlord under an agreement concermng the
u~e or occupancy of a rental Unit and premISes
includmg all payment and conSIderation
demanded or p&ld for parking, pets, furniture,
subletting and secullty depoSits Cor damages
and cleanmg.
(g) Bental Hooslng A,reement An
agreement, oral, wntten or unplled, between a
landlord 8I1d tenant for use or occupancy of a
rental Unit and for housing services
(h) Rental Umb. Anybulidll1g, structure,
or part thereof, or J.nd appurtenant thereto, or
any other rental property rented or oITered for
rent for living or dwelhng house units, together
With ali housmg services connected WIth U8e or
occupancy of such property such all common
areall and recreational Cacilitles held out for use
by the tenant
(I) Tel\U\t. A tenant, subtenant, lessee,
:sublessee or any other person entitled under
the terms of a rental housing agreement to the
u,e or occu pancy of any rental unit.
(J) BeeoInbed TelWrt 0rpnIad0a. Ally
group of tenants reSiding in controlled rental
unIts In thesarne buildIng or In difl'erentbulldinp
operated by the same management company,
agent or landlord, who requests to be so
desJgl\ated
(Ie) BeotCfom,,! RentceliIngreferstothe
limIt on the maximum allowable rent which a
landlord may charge on lIJIy controUed rental
Unit
(I) Bue Bent CelUnl. The maximum
allowable rent established In Section 1804{b)
(m) Proprrt)'. All rental Units un a parcel
or lot or contiguous parcels or contIguous Iota
under common ownership
248-2
R-76
(n) Slnale Family Home. A property that
hllll been developed WIth only one one.famlly
dwelling and any lawful accessory structures,
or a lawfully created condommlUm, stock 00-
operatM! or similar UnIt that IS part of a larger
residential structure or complex, excepting
those condommiums. stock cooperauves, or
sunllar units converted after April 1 0, 1979 for
which no removal permit or vested nghr
determination hlL!l been issued by the Board,
and those created pursuant to ArtIcle XX of this
Charter
SECTION 1802 Intelrity and AOWDolD)' of
Board. The Rent Control Board shall be an
Integral part of the government of the CIty, but
shall exercISe Its powers and dutIes under thIS
Article independent of and Without mterference
from the CIty Council, City Manager, and City
Attorney WIth respect to the IIIternal organ.
izatIon and aff&ll'll of the Board
(a) BlIdget. The Board shall, pnor to July
I of each yeu, hold a publIc hearIng on a
proposed budget and adopt an annual budget
Cor the ensuing fiscal year At least thirty-rIVe
(35) days prIOr to the begmning of each rl!lCal
year, the Board's admInIStrator shail submIt to
the Board the proposed budget as prepared by
him or her After reViewing the same and
makmg such revt!lIOns 85 It may deem adVISable,
the Boud shall determme the tune for the
holding of a public heumg thereon and shall
cause to be publIshed a notice thereof not 1_
than ten (10) days pnor to said hearmg, by at
least one InSertIon in the offiCial newspaper
Copies of the proposed budget shall be av&J!able
for IllspectJon by the public m the office of the
Board at lellllt ten (10) days prIor to said
hearIng The City Councll and the City Manager
shall have no authority to ovenee, SUpervISe, or
approve thIS budget Upon final adoptIon, the
budget shall be in eITect for the ensuing fiscal
year and the amounts stated therem shall be
and become appropriated by the Baud for the
respective obJectl and purposes therein
specified At any meeting &ner the adoption of
the budget, the Board may amend or supple-
ment the budget by the affU'mative votes of at
leallt three (3) members Copies of the adopted
budget and any amendments or supplemenlll
.hall be flied with the City Clerk, Clty Controller,
and City Manager N~essary adJustmentll to
City adminIStrative procedures shall be made
(b) PenolllleL Except for the elected or
appolllted Commissioners, the AdminIStrator,
and attomeys employed to represent or adVl!le
the Board, aU employees of the Board are Wlthm
the classified Civil Service of the City The Board
lJhall appoint an AdminIStrator to admmister
and supervise the exercISe of Its powers and
duties who lIhall be dllectly responslble W the
BolU'd All employees of the Board. except the
Admlnistrator and attorneys, shall be hired,
tenninated, suspended, and demoted In &C-
Sot IIll
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SANTA MONICA CHARTER
rordance with th~ prOVISions of ArtIcle XI oethe
Charter and unplementrng provisIOns of the
MUGJclpal Code The Board shall cllLllslfy
employee positions, establish employee salaries
and benefits, evaluate the perfonnance of ItlI
employees, and be responsible fouhe layoff and
recall of its employees, pursuant to regulatlol\S
and procedures that it establJshes The Board
may enter Ulto and approve a Memorandum of
Understandmg With representatIVeS of Its. em-
ployees concern mg the1/" wages, benefits. hours
of work, and terms and COndItIons of employ-
ment in accordarlce WIth State law The City
Councll shall ha\'~ no power to abolJsh poSitIOns
established or c18ll8wed by the Board under thIS
Article, notwlthstandmg any other section of
th1S Charter PrO~'lSlons of the MunICIpal Code
and other ordmances or resolutIonJl of the City
CfJuncIl shall not hnllt th,' Board s puwer to
adopt rCl(ulatlon\ and pohcles and to approve
\1emor,mdum\ oft nder~tdndJng governing: Its
relatlon~hlp WIth It\ ..mptoyel'~ undf'r thJ~
~ctl"n
(c) Board Legal Work Legalstatl'hlred by
the Board shall represent and advISe the Board,
Its CommISSioners, and Its staff m any clV1i
matters, actions, or proceedmg5 In whIch the
Board, Its CommISSIoners or Its staff, In or by
reason of their offiCial capaCIty, are concerned
or are a party The Board may, In IL\ sole
dIScretion, and WlthfJut approval of the CIty
CouncIl. retalll private attorneys to furnISh
legal adVICe or representation in partICUlar
mauen, actIOns or procee<1mg5
(d) Contn.ct8 and Purt:bues The Board
shall comply WIth Ihe pmVlSlons of the CIty
Chaner provldmg for a centrall:l'ed purchas.ng
system and competitIve bIdding, and shall
procure goods and \eIY1CeS 11.\ do other City
agencies PrOVided, however, that the Board
'Ihall have sole and final authomy to employ
attorneys, Jeglslauvf lobbYIJltS, and othe:
proresslOnahl, &/ld to approve contracts for
such professional BelVlCes
(e) Co.rorm'., ae'lIlaUOIl.. If any
portIOn of tJU5 ArtICle IS declared invalid or
unenforceable by decision of a coun of com-
petent JurisdictIon or rendered ll\valtd or un-
enforceable by State or Federallegwlauon, the
Board and not the CIty Council shall have
authOrity to enact replacement regulauons
consistent with the IOtent and purpose of the
invalidated pro\l1SlOn and appbcable Jaw Such
replacement regulallon.. .!ohall Jluper~ede
Lnvahdated or unenforceabk> proVlSlon~ of thIS
ArtIcle to the extent necessary to resolve any
inconJlistency The subJect matter of such re-
placement regulations shall be hmlted to rent
control matters as enumerated In this ArtIcle
SECI'ION 1803 PenDaDeat Ileat Control
Board.
(a) eom]MNltdon. There shall be III the
CIty of Santa Momca a Rent Control Board The
Board shall consISt of fIVe (5) elected Com-
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m1!lll10ners The Board shall elect annually as
ch iurperson, one of ns members to serve In that
capacllY
(b) EllgibWty. Duly qualified electors of
the CIty of Sanla Monica are elIgIble to serve as
CommJS!llOners of the Board
(C) FIlll DI.dOll~ 01 Holdings ('..andI-
dates for the poSItion of CommlS5loner shall
submIt a verified statement hstmg all of their
Interests and deahn~ m real property. mcl udmg
but not limited to ItS ownershIp. .!oale or
manag:eml'nt, durmlo( the pTl'~'IIIU\ lhrf't' (J)
year~
(d) Eleetion or Commlaslonenl Cum
mISSioners '1hall b<:' elected at general m u n IClpal
elections In the same manner a'l set forth m
ArtIcle XIV of the ~8Jlt.a '>{omca Charter. except
that the first CommISSIoners shall be elected at
a specIal mUnicipal electlon held wlthm nmety
( 90) days of the adoptIon of th", AnI{ Ie The
elet ted CommISSioners shall take uffice on the
fi/'::lt Tuesday follOWIng theIr election
(e) Term or omce CommlSsJOner~ shall
be elected to serve terms of four (4) years.
be~Innln~ on the first Tuesday followmR their
eleclJon extept that of the first flVl' (.:i) Com
mISSioners elecled In accordance with Section
I K03( d), the two (2) CommL!SslOner'l recelvmg
the mQ~t vote'l shall ~el"\.f' unul April I'>, 1985
<lnuth.' remdlnlng Iliff' (l) tumm".,loner..
..hall ~NVl' until April Iii, 19li.l ('.omm"''>loner..
..hall ~erv( a maximum of two (2) Cu IIterm\
(n Powe", and Duti_ The Board shall
have the followlllg powers and dutIes
(I) ~t the rent ceilings for all controlled
rental umts
(2) ReqUire regIStratiOn of all controlled
rf'ntallmlt5 under "ecUon I 803 ( Q)
(3) E.~tabllSh a bd.l>e rent cellmg on rents
under :,ecUon 1804( b)
(4) To make adJustments In the rent cellmg
In accordance With Section 1806
(5) Set rents at fair and eqUitable levels III
order to ach leve the In tent of thIS Article
(6) Hire and pay necessary Staff, Including
heanng ~xanunersand penonnel to ISSue orders
rules and regulalJOns, conduct heaTlngs and
charge fees as set forth below
(7) Make such studies, surveys and In
vestlgatlons, !:onduct such hearlngs,.md obtam
'luch Information as IJI necessary to carry out IL'I
powers and dUlles
(8) Report annuaUy to the City Coun("1l or
the City of Santa MOnica on the '1talu~ of
<.ontrolled rental hOUSIn!!
(9) Remove rent controls under Satlon
1803(r)
(10) Is.sue pennltS for removal of controlled
rental Units from rental hOUSing market under
SectIon 1803(t)
(I I) Administer oaths and afrlTmatlon'l and
subpoena WItnesses
(12) Establish rules and regulations for
deducting penalties and settling cM! c1auns
under SectIOn 1809
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(13) Refer VlolatJons of tiltS Article to ap-
propriate authontles for crumnal prosecutIOn
(14) Seek b\Junctwe and other cMi reilef
under SectIOn 1811
(15) Charge and eollect regI5tratlon I~
Includmg penalties for late payments
(g) Rale. aDd hiQlatlona, The Board
shall ls5ue and follow such rules and regula-
tIons, Includmg those WhiCh are contabled In
thIS Article, as will further the purposes of thIS
Article The Board shall pubhc1Zt' Its rules and
regulations prior to promulgatIOn in at least
one newspaper of general circulation In the City
of Santa MOnica The Board shall hold at least
one public hearing to consIder the VIeWS 01
mterested parties prior to the adoptJon of
general adJu9tments of the decISIOn to decontrol
or reimpose control for any class of rental unit,s
under Section 1803(r) All rules and regulations,
Internal statf memoranda, and wrItten cor.
respondence explarnmg the decISIOns, orders,
and poliCies of the Board shall be kept m the
Board's office and llhall be avaIlable to the
publIC for inspection and copymg. The Board
shall publiclU ihm Article so that all residents
of Santa Momca WIll have the opportumty to
become informed about their legal rights and
duties under Rent Control in Santa Monica The
Board shall prepare a brochure WhICh fully
descrIbes the legal rights and duties ofJandlords
and tenants under Rent Controlm Santa MODIca
The brochure will be ava.lahle to the publK, and
each tenant of a controlled rental unit shall
receIVe a copy of the brochure from hIS or her
landlord
(h) MeetbllS. The Board shall hold such
regularly scheduled meetings as are necessary
to ensure the tImely performance of Its dutlE'S
under thiS Ankle All regular and speCIal
meetings shall be caUed IUId conducted In
B<<Ordar,ce Wlth State law
(I) ~ Three(3)Comn\lsllloneruhall
constitute a quorum for the Board
(J) Votbtg. The alfU1llative vote of three
(3) CommISSIoners ofthe Board is required for
a decision, mcludmg all motIons, regulations,
and orders of the Board
(k) Compenaatlon. Each CommISSioner
shall receive for every meetmg attended
.seventy-fIVe dol1ar.J ($7600), but In no event
shaH any Comml8Sion~ receIVe In any twelve
(12) month period more than forty-seven
hundred and rJfty dollars ($.1,750) for services
rendered
(I) Dockets, The Board shall maintain and
keep 1JI Its otrlCe all hearing dockets.
(m) V_cia. If a vacancy shall occur
on the Board, the Board shall wlthm thirty (30)
da)'ll appomt a quailfjed person to fill such a
vacancy untIl the followmg municipal electIOn
when a quahfied person shall be elected to serve
for the remainder of the term
248-4
R-76
(n) fln&ncillJ. The Board shall finance Its
reasonable and necessary expenses by ch&rglng
landlords annual regiStration fees m amounts
deemed reasonable by the Board The Board
may dll"ect that aU or part of such fees may be
passed through from lal'Idlords to tenants and
may estabhsh applicable condItIOns and
procedures The Board is also empowered to
request and receive funding when and if
necessary from any available source for Its
rea.sonable and necessary expenses
(0) Recall. CommLS!llOners may be recalled
In accordance With the proVISIOns of Anlcle XIV
ofthe Santa Morllea Charter
(p) Staa TheBoardshallemployandpay
such staff, !Deludmg hearmg exammers and
inspectors, as may be necessary to perform Its
functIon effiCiently In order to fulfill the purpose
of thIS Anicle
(q) llegJ.mdon...1 WithIn SIXty (60) da)'5
after the adoptIon of thIS ArtIcle, the Board
shall require the regl5tratlOn of all controlled
rental units, which shall be re-reg!Stered at
times deemed appropnate by the Board The
initial regJ.Stration shall lI1clude the rent m
effect at the time on the date of the adoption of
thJS Article, base rent celhng, the address of the
rental unit, the name and address of the land-
lord, the houslngsefVIcl!ll prOVided to the un It, a
statement mdlcatm8 all operatmg cost mcreases
since the base rent cellmg date, and any other
mformatIon deemed relevant by the Board The
Board shall requlI"e the landlord to report
vacancies In the controlled rental Units and
shaU make a list of vacant controlled rental
unltsav81lable to the public If the Board, atter
the landlord has proper noUce and atter a
hearing, determmes that a landlord has W1l!ully
and knOWUlgJy f81led to regI5ier a controlled
rental unit, the Board may authorIZed the
tenant ofsuch a non-tegIlItered controlled rental
unit to wtthhokl all or a portIon of the rent for
the unit until such time as the rental unit Is
properly regiStered After a rental unit is properly
registered, the Board shall determine what
portion, If any, of the withheld rent is owed to
the landlord for the perIOd in which the rental
unit was not properly reglStered Whether or
not the Board allows such W1thholdlllg, no
landlord who has fatled to regJ.Ster properly
shall at &JlY time increase rents for a controUed
rental unit until such units are properly
regLStered
(r) Decontrol. If the average annual
vacancy rate in any category, classdlcatlon, or
area ofcontroUed rental Units ex<<'eds 5 percent,
the Board ia empowered, at Its dlSCreuon and in
order to achieve the obJectives of this Anicle, to
remove rent controls from lluch category
c1l181ificatlon or &reL The Board may determin~
sucb categories. classitlcatioRll, or areas for
purposes of decontrol conSllltent With the
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objeCtives of thill ArtiCle ]n determining the
vacancy rate for any category, classifICation or
area of controlled rental umts, the Board shall
consIder all av81lable data and shall conduct Its
OWll survey If units are decontrolled punuant
to thJs Subsection, controll shall be reunposed if
the Board ftnds that the average annual vacancy
rate has there~r fallen below 6 percent for
such category, claaslflcation or area.
(s) Seeurtly Depoelt&. Any payment or
deposit otmoney the primary function of which
IS to secure the performance of a rental agree-
ment or any part of such agreement, Includirtg
an advance payment of rent, shall be placed m
an IJ1terest beanng account at a federally msured
finanCIal inStItutIon until such time 8lI It Is
returned to the tenant or enUtled to be used by
the landlord UnleS/! and until the Board enacts
regulations dlrectmg that the Interest on such
accounts be paid directly to the tenant, the
landlord may either pay such mterest directly
to the tenant or use It to offset operating
expenses, In wh ICh case the oITset shall be a.
factor in makIng mdMdual rent adJustments
under SectIon 1805 The Board may regulate
the amount and use of security deposits
consIStent WIth the purposes of thIS Article and
State law
(t) ReDlO'Val. ofConaoUed Unit From ReDr.I
HOUBlng Market.
(I) Any landlord who deSIres to remove a
controlled rental unit from the rental housmg
market bydemoltuon, conversIOn or other means
is reqUired to obta.Ul a pemllt from the Board
pnor to such removal from the rental housmg
market In accordance WIth rules and regulatIOns
promulgated by the Board In order to approve
such a permIt, the Board IS required to find that
the landlord cannot make a fair return by
retalnmg the controlled rental unit
(2) Notwlthstandmgthe foregomg Pl'OVl!llOns
of thIS Subsection, the Board may approve such
a permit.
(l) If the Board finds that the controned
rental Unit IS unmhabltable and IS Incapable of
being made habitable In an economlCalJyfeulble
manner; or
(II) [f the permit Is being sought so that the
property may be developed With multlfanllly
dwellmg unIt:! and the pepmlt applicant agrees
as a rendItion ot approval, that the uniu will
not be exempt from the provJSiona of this
Article punuantto Section 1801 (c) and that at
least Hi percent of the controlled rental u mts to
be built on the stte will be at rentlJ affordable by
pt!rBOns ot low Income
(3) The Housmg Element of the General
Plan of the CIly of Santa MonICa shall at all
tunes contain a pl"OV1SlOlI that ne!ther the CUy
Council nor any City agency shall approve an
application for tentatwe 8ubdlVllJIOn map or
tentatIVe parcel map for a converted unit until
and unle!lS the appllcant fIrSt obtains a removal
permit as reqUired by thIS Section This Sub.
248.fi
R 76
Rellon shall not apply to any tentatwe sub
diVISion map or tentative parcel map approved
In accordance WIth ArucJe XX relatIng to tenant
ownershIp r1ght&
(4) The Board shan render Its final decISIon
within one hundred and twenty (120) days of
the filmg of a completed application under thIS
SectIOn
SECTION 1804 Mu.lmullI Allowable
Rente.
{al Tempora17 Freeze. Rents shall not be
Increased durmg the one hundred-twenty
(120) day perIod foUowmg the date of adoption
of thiS Article
Ibl Estabbllbmellt 01 BII6e ReDt CellinI[
BeglMmg one-hundred-twenty 11201 days
after the adoptIon of thIS ArtICle. no landlord
shall charge rent for any controlled rental
units In en amount greater than the rent III
effect on the date -6ne year prior to the
adoption of Uus ArtIcle The rent In effect on
that date IS the base rent ceiling and IS a
reference pomt horn which f&ll rents shall be
adjusted upward or downward In accordance
WIth Section 1805 If there was no rent m effect
on the date one year prior to the adopl1on of
tlus ArtIcle, the base rent celhog shBll be the
rent that was charged on the fl/'st date that
rent was charged followmg the date one year
prior to the adoptIon of tlus Artlcle
lei Poslmg. As soon as the landlord IS
,ware of the rnllllunum allowable rent, the
landlord ,haLl post It fOf each urut In a
promment place m or about the affected
contfolled rent UlUts The Board may require
that other mfonnat1on It deems relevanl also
be posled
SECTION 1806 Indiv:ldual and General
AlUwnment of Cellin&a on Allowable Rents
(a) GenenJ. Ad,JlIIIl1Dent. The Board, may,
after holding those publ1e hearIngs prescnbed
by Section 1803(g), set and adJust upward or
downward the rent cel!tng for all controlled
rental umtlJ In general and/or for p&nlCular
categories oC controlled rental unIts deemed
appropriate by the Board Such an adJustment,
however, need not take ef[ect immediately, and
the Board may deCide that new rent cellmgs
shall not take effect until some reasonable date
after the above stated time periods
(b) Annual General Adjuatment. Each
year the Board shall generally adJust rents as
follows
(I) AdJust rents upward by grantIng land.
lords a utility and tax mcrease adJustment for
actual mcreases In the City of Santa MonICa for
taxes and utilities
(2) Adjust rents upward by grantmg land-
lords a maintenance irtcrease adJustment for
actual increases in the City of Santa Momca for
mllUltenan~ expenses
(3) Adjust rents downward by requirIng
landlords to decrellR rents for any actual
decreues In the City of Santa Monica for taxes.
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In ~usting rents under this Subsection, the
Board shall adopt a formula of general
application
(c) Petitions. Upon receipt of a petition
by a landlord and/or a tenant. the maXimum
rent l1f'mdlVidual controlled rental Units may be
adJusted upward or downward In accordance
WIth the procedures set fonh elsewhere In this
SectIOn The petition shall be on the form
proVided by the Board and shall include a
declaratIon by the landlord that the UOlt meets
all requirements of SectIon 1805(h) Not-
wlthstandmg any other proVISIOn of this SectIOn,
the Board or hearing examIner may refuse to
hold a hearmg and/or grant a rent adJustment
If an indivIdual hearing has been held and
decI~lon made With regard to maximum rent
Within the previous SIX (6) months
(d) Hearing Procedore. The Board shall
enact ru II'S and regulations governmg hearmgs
and appeals of mdlVldual adJ ustment of cellmp
on allowable rents which shall Include the
follOWIng:
(I) Hellring Examiner. A hearing examin-
er appointed by the Board shall conduct a
hearing to act upon the petltIon for indIVIdual
adJustment of celimRS on allowable rents and
~hall have the power to adminISter oaths and
affirmatIonll
(2) Notice The Board shall notlry the
landlord If the petition was filed hy the tenant,
or the tenant, If the petItIon wa:, filed by the
landlord, of the receipt ofsuch a petIuon and a
cupy thereof
(3) TIJJ1e or Hearing. The heanng officer
shall notify all parties, as to the urnI', date and
place of the heann$!
(4) Records The heanng ellanuner may
require either party to a rent adJustment
hearing to prOVIde It WIth any book!!, records
and papers deemed penment In addItIon to
that information contained an regIstration
statements The hearmg exammer shall conduct
a current buIldmg mspectlon and/or request
the City to conduct a current buIldmg mspectlOn
If the hearing examaner rmds good cause to
belIeve the Board's current IJ1fOrmatlon does
nut renect the cu rrent condition of the controI-
I~ rental unit The tenant may request the
hearang examiner to order such an inspectIOn
prior to the date of the hearmg. All documents
reqUired under this Section shall be made
avaIlable to the parties mvolved prior to the
heanng at the office of the Board In cases
where Information filed m a petlllon for rent
ceIlmg adJustment or m additional submissions
n1ed at the request of the hearing exammer is
in adequate or false, no action shall be taken on
..aid petition untIl the defICiency is remedied
(5) Open HearIDg.. All rent celhng
ad,Justmenthearlngs shalJ be open to the publIc
(6) Right or A88l1tance All panles to a
hearIng may have assistance In presenting
evidence and developIng their posItion from
248-6
R-76
attorne)'S. legal workers, recol!nrzed tenant
organi%atlon representauves or any other
persons desagnated by said parties
(7) HellringBeeord The Board shaU make
available for inspectIOn and copy-mg by any
person an ol1klal record whIch shall constitute
the exclUSIVe record for decISion on the ISSues
at the heanng. The record oethe hearing, or any
part on one, shall be obtainable for the cost of
copYIng. The record ofthe hearmgshall Include
all exhibits, papers and documents reqUIred tu
be n1ed Dr accepted Into evtdence dUring the
proceedings, a lISt of partiCipants present, a
summary of all tesumony accepted an the
proceedIngs, a statement of aU materials offiCially
noticed, all recommended deCISions, orders
and/ or rulings, all final decISions, orders and/ or
rulmllS, and the reasons for each final deCISIon,
order and/or ruling Any party may have the
proceeding tape recclded or otherwISe tran-
scnbed at hIS or own expense
(8) Quantum or Proor and Notice or
~iIllon No mdIVldual ad,Ju~tment shall bf'
granted unless ~upported by the preponderance
of thl' evidence submitted at the hearmg. All
parties to a hearml! shall be sent a notice of the
decISion and a copy of the findmgs of face and
law upon whICh S8I1"i d~lSJon IS ba.<oed At the same
tIme, parties to the proceedInll: shall also be
notified of their tight to any appeal allowed by
the Board and/or to JudiCial review of the
deCillion pur,mant to thIS Se<.tlon and Section
1808 ofth IS Article
(9) ConllOUdadon All landlord petition'!
pertammg to tenants m the same building WIll
be consolidated for hearmg, and all petItIons
filed by tenants occupymg the same buIldmg
shall be consohdated for heanng unless there IS
a showing of good cause not to consolidate such
petitions
(10) Appeal Any person agneved by the
decISIon of the hearing exammer may appeal to
the Board On appeal, the Board shall aftIrm,
reverse or moddy the decISIon of the hearmg
exammer The Board may conduct a de novo
hearing or may act on the basIS of the record
before the heating exammer without holding a
hearing
(11) FinaUty or Decision The decISion of
the hearmg exammer shall be the final decISion
of the Board m the event of no appeal to the
Board The decISIOn of the hearmg exammer
shall not be stayed pendmg appeal, however, in
the event that the Board on appeal reverses or
mod WI'S the decISion of the hearmg examiner,
the landlord, m the case of an upward adJust-
ment In rent, or the tenant. in the case of a
downward adJustment of rent, shall be ordered
to make retroactIVe payments to restore the
panles to the positIOn they would have occu-
pied had the hear 109 examiner's decISion been
the same as that of the Board
(12) TIme ror Ded.lon The rules and
regulations adopted by the Board shall ptoVlde
Jut f'rIt!.cUDn Ofl an)' ln4l\o1dU.s rent.41UJUMf1t
peUUon ~\rI one .nll\dred ....d twent)' (12.0)
dayf-, followinl the Pte of fU1n1 of .....e\rldMlllla)
rent ~~ellt pellUon
(lS) BoPd ~0SI1.a Uea or aetefPC'lw
He~ ~... 'I'M eo.rd. on lU own
11\0\1011 Of on the req\lelt. of any landlord or
tenant. m.y b016 a Marini oft an il\dMdual
~n Cor rent ~\IJtlftelltwlll'Ou.tc.M peUlJoIl.
fint beilla heard ~ . heariS\1 cnminer
(l,f,) DeelalonA decn>>ln& ftl\",.h.n re~
in et'l'~ untll the Board nnda tha\ t.he ~cnord
hu corrected tl\t deCeel .,.n'aI\unt ~e tie"
(',eMe The Bovd ahall. b1 relulatiOft. .ubUStl
prucedum. for mPinl protnpc.comptial'<< ckI<<-
mlnauon.. Upor> a detennl1latlon ofCOft\~
the l.sldlord ahall be entitled Ul reinstatement
of the priOr rtnt JeVel.. ,.euoaetWt to \tie dJ.t.e
t.b.at the lJ,s\dlot'd eo~ tlIe defect .tUch
waTrante<! tile deere-.te
(e) 111 maltiJ'.I IndMdual and pllert! ad-
jUl\tment DC ..I\e rent tt\US\" tlIe Board all'>>
conlllder "he p~ of th. AJUl:\e &J\d tlle
R'Q\lirement.J Df law '\1I.e Soard may 840pt ..
It... (&if return JUfldaTd an)' lawfUl formula,
Indud1n. but. 1\ot Umlte<l to Olle -- on
"wntment or lIet oper.unl income 'lbe Boafd
,hall conalder aU fa(1.OrI ~t toltle forml1la
\\ emploYS, I\le)-. f..eto" Ill')' include- \nl:~ua
..r decreaaM "' operlUl\I &J\d lllaUttenpC<<
ell.~1\Ma. the e':lteM oC ",tUltin p&ld b)' Ute
land\Orcl. nectM'ry and ~uonable ea,piu.t
improvement of the cCllltroUed rental .1I1l ..
dlllti.ngulthed from l\D1'IlIa! repaU. rep~ent
an6 1h~tell..,ce. "'ere... or decre'" '"
lNina'pace, furn~t\lre. furniabb\P. equlPl"ent.
fir ..rYkd. 1\1b6t&fttlal dttenoradDn of the
eolltroUecl renul unit other tban u a ....\l1t of
ordrnl!'Y wur an'" uW. (alluft Oil \he part or
tM lJ,JIdlord to ~ adequ..u koudtl litf-
~ea of to tomp,>, .u~t&flUalb wltl'l applicabk
housin&. tlea1d. Uld l..retl cod-. Fedtnl atl4
SLate\rlCOnte tall beneft.... the spec:11\Jt,lYe nature
of ttoe Investment, wl\etller or not tbe propen)'
was I/:qu\J'ed or is I\eki .. a Ionl term or Ih01"
~"" \J'IvdUt'ellt. the blJId\ord'a rate of re\u",
on 1fIYfl,tIMIlt, the landlord" cutftnt. Uld bUC
d.u Net OperaUnS lllcome. pd any ~r
(101:<<'1' ckemed """",t byUle 'EIoJl'd. k\ ~
"M 1aJ'ldlord a falr r-et\~m
(0 No relit lnenUf: ,hall be authOrlIe4 bY
thll Ardde ~.\1_ a laIIcPor4 "U · ~
eallb (low .. tM rMult of rd'inUK:In& ttle con-
"rolled rent&! unit If at "I\e dine \.tie a.ndlOnl
rerlnarottd the landlord could ftUOI\~ have
(oretoHl\ a lIesa\~ e..h now bue4 on the ~l
tIC",edu'e tttf:t\ \1\ ubIteJI~.,nt,hln "tie 01\t ye.r
period foUowlnl rennal'ClI\J. 'J'tI. paAlt'aph
,t1~' Dill)' apply Ul \hit portR1I of !.he ~
tub now reuonably foreeMa.b\C wl\bln \he ape
year ~r\Od followlna re!\rlal'dlll of \he COli"
trOlled "l'\W unll and .....u Oll~ apQlY \0
contrtllled renl8l Ul\~ reftn~ after \lie
d.\e of adopl\Ol\ oC\bia ~\e
<I) No rentlncreate .tlall be alllhor\lld by
thll Ar\kle beCaU5t "Ia&\dlonl baa a ~
Z48~
R16
Calli now If at tbe urne ~ tand'ord lICqu~d
the conuoUed rental u.nlt. \be 'andtord eould
nM01\.h1y t!.aYe foreHf!n It fltIatlVe cuh 1\0""
b&Md on 1he ft1\t IClIedule then In ell.....el\.~
wtt)\in U\f: one yor...pertod CoUowitll &equlsluon
",. part#apt!. .tt~l only apply to t.hat portion
ofl.M neIIt.lft cph now f'PIOflably foreseeahle
w\ltlln t,tleone year per)l)d {ollowlng acqui&ttIOII
or. I:01It,n)IIed rcnw unit and .hall 01l1Y apply
to co"u0Ue6 "nw Io&n.... aequtred an.er the
daa of adoption of thlf Ar\IL\e
(h) No "",dlord al'ia.ll \fICreue rent Illlder
u.... ",ude " the !pdlord
(J) Hal railed W comply..,1th Jl\Y provitlo1\
of U..ti Article and/or rellllaUOIl' issued
t.l\ereundu by the 8o&fd. I1\dudJn' the pro"
vl.liOlU ~11\rl.lla the paymelll of rell5trltlon
feel .n4 ,.ptrtUOlI pentltlCl
(1) Mu fa11ed \0 comply .\1b1.u.ntlal\y...nth
~)' -.ppl\cab\e State Of loCal bou.ln.. healt.b or
IIIfet)' W.W No tandWd .tta11 blcreaJe rel'l\
lIn'- tbe notiCe \tl.crculng relit COl\tairls "
~telllent ~ IllbetanUally the foUo",illl fona.
'"[be unde.TJilned llal'ldlord) ttrt.1f\t!f \Il.~t this
tlnll and comma" anas an not. lubjeet to any
gncorrected dtaclloft or lIotkft of vlolatlOl\ 0(
anY Sute or loCal tIOU1i1'l1 htalOl. or ..rely ,,"WII
...ued lIY 1Ul.)' cove""en\ omeial Dr apncy,-U II
tandlo-rd fan. tD COftl.ply ""lth this SublleC\iOJl,
\lie tenant Ifta)' re(u.se to pay the Improperly
l\OlICed ",create. ml' Mfltl. adminlltralive or
c:Ml remedlell ullder t.h. ArOt1e. and sM.Y r~
the land&ord" nOflColt\PUanrt u an affIrrnt.llW
dekl\lf: in -",y reutt.ln& unla..vful ckUJnet' ~n
(1) Tt\e Board ma)'. 111 Its d~retiOn, eMCt
1'f:IU'.tlol\l t.<.J provide Cor lrIcreaS8 or ren'" Dn
.,,\\.1 voluntarlb' ucaled ai\er tM eneeUvt
date orthil Su\)llecUon III proptrtifll ",hen the
&-.ndlord b- dedICated a pereel'ltllt' or units to
"rented to ~nol\t of~1')' lo"" or 10'" lncome
a' affo",-ab\e renU TI'ie Board may enaet
procedurel and other relu\..donl ~lnJ
4eUt1fIlI\a\k\n of Il\e eOlld~ upon _Mc,",
.uet!. \IIcreutl wID be perm\tu'd. tl"oe extent of
tlle inc~. tM required JI'Ii:l oC affordable
1a"'''' to be provided. waY' to ensure ttl~ eon
\l.nued prov'Iioll of alfuf"dabk hOUI\J\I ullder
tb \I S\1\)s.eetlon. u..e ,,~r1tl' ."d condltKIIIS
appUcabk when landtorda ceue to. parudP"te
01 ",hen tellaJlU, yacate 01 ~ate to Clll~1fY for
ul\1t.l ded~t.ed '" aJfordab\e 11.011I111" and other
_e..ura It. dftl'lll1lec..-rY
If \he Board en-=U recuiat~l'IS lIfIder 1hb
.\l.JeClIOn. iU .....n ~e (or the ronowmJ
(I) 'I'\'l'" a proper\)' lI\tIlllot be el~" for
UUI progsm uniesS npectned ~I\c.age of all
unitt on t)l.e prt'lpertY. IIlIteM than 1& petcfllt,
'IriU be oc:cupled b)' tenants oCwrY \DW I)f loW
lI\tolCle alii! the rent Oil eloCh. unll to occupied
doel 1Iot ~lCeed .. apoKltWd percentase. 1\0
~r than 30 percent,oflUtto l.ellanU' ineolftt
(2) nat tellUltl of ver)I \oW or""" ",come
QCC:\IpYU\1 uI\IU maiJltame4 at. aft'ordable "n\
kW" ul\der thll proII'~ are pnt.e'Cted If u.e
tandklrd eleeta I'lol to partkiP.te curther \1\ the
proeram. Su.el\ protecUDfI p,a.llll\ctQde, at &
~A llON\~ ~R
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A._.....
G_M..
"pol [1oc-
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R. 6NK"tS
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(
&ANT A MONICA CHARTER
minunum, a provisIOn prohibIting the rent of
luch tenants from beIng mcreased by a
percentage greater than the general annual
adJustment allowed by the Board even If the
resulting rent is below the maxunum allowable
rent and the landlord has lowered the tenl for
other units on the property
SEGnON 1806 ~cdolL Nolandlordshall
t&lce action to termInate any tenancy includIng
service of any notice to qUit or other evtctlon
notice or bring any action to recover possession
or be granted recovery of possessIOn of a
controlled rental unit unless
(a) The tenant has failed to pay the rent to
which the landlord IS entitled under the rental
hOUSIng agreement and th15 Article
(b) The ten ant has Violated an oblIgation or
covenant of hl!l or her tenancy other than the
obligation to surrender possession upon proper
notIce and has failed to c ure such VIOlation after
havmg receIVed WTltten notice thereof from the
landlord In the manner reqUIred by law
(c) The tenant IS committing or expressly
permlttUlg a nUlS8l1ce In, or IS cau&UlgsubstantJaI
damage to, the controlled rental U1l1t, or is
creatmg a substantJa! l1Iterference With the
comfort. safety, or el'lJoyrnent of the landlord or
other occupants or neighbors of the same
(d) The tenant IS conVIcted of usmg or
expressly permItting a controlled rental U1I1t to
be used for any illegal purpose
(e) The tenant, who had a rental housUlg
agreement which had tennl1lated, has refused,
after wrnten request or demand by the landlord,
to execute a WTltten extension or renewal
thereoffor a further term ofhke duratIon and In
such terms as are not I1IconslStent With or
VIOlatIVe of any prOVISIons of thIS ArtIcle and are
matena1lythesarne as III the ptl!YlOus agreement
(f) The tenant has refused the landlord
reasonable access to the controlled rental unll
for the purposes of makmg necessary re~l~ or
unprovements reqUired by the laws of the
United States, the State of California or any
.ubdlVlSlOn thereof, or for the purpose ofshoW!l1g
the rental hDuslng to any prospectlVe purchaser
or mortgagee
(g) The tenant heldmg at the end of the
term Dfthe rental hDusll'lg agreement III a sub-
tenant not approved by the landlord
(h) The landlord seeks to ~r poslM!SSion
U\ good fBlth for use and occupancy by herself
or hImself, or her or hIS children, parents,
grandparents, brother, Sister, father m-law,
mother-m-Iaw, son in-law, or daughter-in-law
For purposes Df evictions und er th IS Subsection
(I) A 'landlord" shall be defmed as a
natural pel"lOn who ha., at least a fifty (50)
perl-pnt ownership mtere't In the property
(2) No eviction may take place If any land-
lord or enumerated relatIVe already OCCUpies
one Ulllt on the property, or If a vacancy already
exISts on the property and the vacant UlIIt 18
comparable to the Unit for which evJctlon IS
lIOught Where the vacant unIt 18 determined
248-7-A
R-76'
not to be comparable, thereby permitting
I!VlctiDn under this Subsection, the evIcted
tenant or tenants shall be lirst gaven the nght to
occupy the vacant unit and the rent thereof
shall be the lesser of the maximum allowable
rent for the vacant Ulllt and the maXImum
allowable rent ofthe umt from which the tenant
Dr tenants are evtcted The Rent Control Board
shall promulgate regulations definmg when
a Unit is comparable for purposes of thIS
paragraph
(3) The notice terminating tenancy shall
conta11l the name, address and relationshIp to
the landlord of the per50nllltended to occupy
(4) The landlord or enumerated relatNe
must Illtend In good faith to move Into the Unit
Within thIn)" (30) da~ after the tenant vacates
and to occupy the umt as a primary residence
for at least one year The Board may adopt
regulations governing the determlnauon of good
faith
(5) If the landlord or relative specified on
the notice term11latmg tenancy faIls to occupy
the Unit wlthll1 thirty (30) days after the tenant
vacates. the landlord shall
(I) Offer the Ulllt to the tenant who vacated
It
(ll) Pay to said tenant all reasonable ex-
penses mcurred In movmg to and lor from the
unit
(6) No eVlctlon pursuant to thIS Subsection
shall be allowed In any condomIlIlum or ~tock
cooperalive UnIt which has been converted
from an apartment or other rental Unit after
AprIl 10, 1979, unless the Rent Control Board
has ISSued a removal permLt or declared a
vested tight for &ald unit As used In th15
subpart. a unitshall be deemed converted after
AprIl 1 0, 1979, If on AprIl 1 0, 1979, the recorded
tract map Dr parcel map for the property
showe1J the umt as mcluded in the property
(i) The landlord seeks to recover po$$e58lOn
to demolISh or otherwISe remove the controUed
rental umt from rental residential houslllg use
after haVl1lg obtamed all proper permIts from
the City of Santa Monica.
NotWlthstandmg the above prOVl.SIOnS, pos-
session shall not be granted If It IS deternuned
that the eviction IS In retaliation for the tenant
reportmgVlolations ofth15 Article. for exerclSl1Ig
tights granted under this Article, mcludmg the
tight to wIthhold rent upon authorization of the
Board underSectllm 1803(q) or SecUon 1809 or
for orsaRlzatlOn other tenants In any notice
purporting to terminate tenancy lhe landlord
.hall state the cause for the temllnatlon, and In
any actIon brought to recover possession of a
controlled rental UlIIt, the landlord shall allege
ana prove compbance With thIS Section
Any VIolation of thIS Section shall render the
landlord liable to the tenant In a cMl action for
actual and punruYe damages The preva1.llllg
party In an action based upon thIS SectIOn shall
recover costs and attorneys fees
(
(
(
(
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. ~.
(
SANTA MONlCA CHARTER
So< 1..7
A"""'" oJ
....... ......
.....Doo- pertalJ1Ulg to . rental houSing agreement
~~"I~ whereby any provIsion of Un!! Artu:le for the
R':"WlCCS benefit of the tenant IS wmved. lIhall be
deemed to be agamllt public polley and shall
be vOId
SECTION 1808 JUdiCial Re"iew A land-
lord or tenant aggrIeved by any action or
decISIOn of the Board may seek ]ud!clal review
by appealmg to the appropnate court wlthm
the J urlsmctlon
SECTION 1809 CIvil Remedies.
(a) Any landlord who demands, accepts,
receives, or retainS any payment of rent in
excess of the maximum lawful rent, In VIolation
of the prOVll110nS of thIS ArtIcle or any rule,
regulatIon or order hereunder promulgated,
Includmg the provllilons ensunng complIance
With habItability standards and regIStratIon fee
reqUIrements, shall be lIable in a cIVIl action to
the tenant from whom such payments are
demanded, accepted, received or retlWled. for
relLSOnable attorney's fees and costs as de.
termined by the coun, plus damages in the
amount by which the payment or payments
demanded, accepted, received or retained
exceeds the maximum lawful rent A cIVIl penalty
of treble the arnount by which the payment or
payments demanded, accepted, receIVed or
retained exceeds the p\axunum lawful rent
shall be awarded against the landlord upon a
shOWIng that the landlord has acted willfully or
With oppreSSIon, fraud or malice No ad.
mUllstratlVe remedy need be exhausted prior to
fIling suit pursuant to thIS Subsection
(b) In beu of mmg a cMI action, a tenant
mayme an admmIStratlve complamt The Board
5hall establIsh by rule and regulation a hearmg
procedure sunilar to that set fonh In Sectlon
1805(d)
(1) The rules ll1'Id regulations adopted by
the Board shall proVIde for final Board action
on any complaint for excess rent Wlthin one
hundred and twenty (120) d&yli following the
date of filmg of the compllunt
(2) In any administrative hearmg under
thIS Section, a IllJldlord who demands, accepts,
receives or retains any payment of rent in
excess of the maximum lawful rent shall be
liable for damages in the amount by which the
payment or payments demanded, accepted,
received or retaIned exceeds the maximum
lawful rent and may be lIable for an additional
amount not to exceed five hundred dollaT$
('50000), for costs, expenses incurred in
pursumg the hearing remedy. damages and
penalties The tenant shall bear the burden of
proVlng entitlement to the penalty The tenll1'lt
may deduct the penalty and award of damages
from future rent payments in the manner
proVIded by the Board An order authorizing
rent withhokhng un der thIS Article shallsurvwe
the sale or other transfer of the propeny and
shall be binding upon succeuors of the landlord
agaInst whom the order was made If. t.enlUlt
So< INI
...............
~-.
..... 0..-
lion April
'1. 1t7'
R-. !lIlCCS
50< lilt
4endod .'
(;......1.......
bk\pol B..
tlon~ ND
_btr..l....
R. 6W3CCl>
248 7.8
R.76
authorized to withhold rent under thIS Article
vacates the propeny, the landlord shaU pay to
such tenant a sum equal to the balance of the
rent that the tenant could have Withheld
(c) Ifthe tenant from whom such excessIVe
payment is demanded, accepted, receIVed or
retained in violation of the foregomg prOVlSlons
or this An.icle or any rule or regulation or order
hereunder promulgated rails to brmg a clv1l or
admInIstrative actIOn as proVIded for In Section
1809 (a) and 1809 (b)wlthrn one hundred and
twenty (120) days from the date of occurrence
of the violation, the Board may settle the claim
arISing out of the VIolation or brmg such actIOn
Thereafter, the tenant on whose behalf the
Board acted IS barred from also bnngmg an
action against the landlord In regard to the
same violatIon for which the Board has made a
settlement or brought acuon In the event the
Board settles SaId els jrn, It shali be entitled to
retain the COSL5It incurred III settlement thereof,
and the tenant &gamst whom the VIolatIon has
been commItted shall be entItled to the
remainder
(d) The appropnate cou rt In theJunsdlction
In whIch the controlled rental umt affected Is
located shall have JurISdIction over all actlons
brought under tilIS SectIOn
SECTION 1810 Criminal Remedies Any
landlord ~'1olatLng thIS Anlcle shall be guIlty of
a mISdemeanor Any person conVicted of a
misdemeanor under the prOVISions of thiS
Anlde shall be punIShed by a lines of not more
than five hundred ($500 00) dollars or by
Imprl.!lonment m the county jadfor II penod not
ex.ceeding SIX months, or by both such fme and
impnsonment.
SECTION 1811 11\j1lJlet:he and Other Civil
ReUer. The Board, and tenants and landlords
of controlled unIts, may seek relIef from the
appropriate court wIth III thejurlSdlclIon Wlthm
which the affected controUed rental unit is
located to enrorce any prOVISion of thIS Anlde
or its Implementing regulations or to restrain or
enjoin any violation of thIS Article and of the
rules, regulations, orders and decISiOnS or the
Board
SECTION 1812 Putial Invalidity_ If any
prOVISIon of this Article or IIpphcatlon therof to
an,. person or Cll'cumstanees IS held mvahd,
th1s invahdrty lIhalI not affect other provJStonll
or applicatlons of thts ArtlcIe whtch can 1le
glven effect WIthout the invahd proVllllGn or
apphclltion, and to tlus end the proVlSlODs of
this Art1cle are declared to be severable This
Artlcle shall be hberally construed to adueve
the purpoaes of tlus ArtJcle IIDd to prellerve Its
vahdlty.
SECTION 1813 RelatiolUlhip to Article
xx. Section 1803(t) of this Article lIhall not
apply to any building for which approval has
been receIved pursuant to ArtICle XX (Tenant
Ownenhlp Rights Charter Amendments) of
thlll Charter All other provisions ofthlS Article,
however, shall contmue to apply With rull force
So< 111'
..............
-~
IIidpoI EJoo
IIoa Apri
II. If,.
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50< 1111
A.........
co-I N
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fID"'. "'0
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Nos.6900(CS
A.dopltod .1
Clntnl
\htnlc-lpal
[lodoon
A.prlll"
1911 Ros.
61~] ((("I
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"....... .t
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110., Iv..
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...tI4X{S
SANTA MONICA CHARTER
and effect to each u mt m any buIlding receMng
approval pursuant to ArtIcle XX
Tenjlnts resldlllg In such unIts, whether or
not "qualtlyutg.w "partIcipating," or any other
such de&gnation under ArtICle xx. shaD e!\ioy
all the rights and remedies prOVIded by thIS
ATtKle without limitation as to durauon or to
ownership of the uniL This Seetion is declarative
uf eXlStmg law and does not Impose any new
reqUIrements or lmut any elastmg ones
SECTION 1814 Existing Board Prac-
dces To the extent that the amendments to
ArtIcle XVIII adopted at the same ume as thIS
Section Incorporate rule!>, regulations and
practices of the RentControl Board eXlStmg 011
the date ofth e adopllon hereof, thIS amendment
IS declarauve of eXISting law and dCPes not
248 7 C
R 76
U'IlJ>O'le any new requirements or lumt any
eX15tmll one!>
~ECTlON 1815 Single Family Homu
Smgle family homes that were not used Tur
residential rental purposes on July 1, 1984 are
automatically exempt from the prOVISIOns of
thlll ArticlE' :>mgJe fannly homes that are not
exempt under the precedIng sentence are subJ~
to all reqUirements of thIS ArtICle, but shall be
permanently exempted by the Board upon
proof that the home hiL'l t>een contmuou!>ly
occupIed by the owner ror a period oC two (2)
year~ 8.!> a pnnclple plate or reSIdence after
voluntary vacancy by the tenant or la....rul
evIction of the tenant An owner may have only
line exemption under thL~ MctIon at anyone
lime .J
.... 1115
.w.,o... II
c:-.J roe..
lllletpel u..-
U..1 N.
_&'111
...iNK (
ARTICLE XIX. POLlCE AND PROTECTIVE SERVICES
SECTION 1900 Statement of Purpose ThIS
Article IS mtended to promote and facilitate
additional polIce Bnd other proteclIve serVIces
necessary lo reduce major cnme m thIS CIty It
IS Intended to confltct WIth and be m heu of all
other measures regardmg crune reduction
subl1lltted to the voters at thiS electIOn
SECTION 1901 Crime Prevenhon Program
Wlthm mne months of the effectlVe date of
this Artlcle, the CIty CounCIl shall adopt, by
ordmance, a comprehenSive ctlme prevenuon
program. Intended to reduce mBJor crune m
the CIty ThIS program shall mclude, among
other thmgs. proVIsIOns for the opumum use
of elCstmg and addItIonal police and other law
enforcement resources, plans to nnprove the
safety of streets and neighborhoods. and ways
to encourage pubhc mvolvement m the reduc.
bon of crone Followmg the adoption of the
comprehensl ve crone prevention program the
City Councll shall appropnate the funds. if
avadable, necessary to unplement the compre-
henSIve crone preventlon.program
SECTION 1902 &,JeDdlwre 1..Ift.tatioD lit.
aea.se
lal The Cny's espeDdrtme h...1t for each of
fiscal years 1981-82, ~1982.83, 1983-84 and
1984-85 18 Increased by 53.000,000 ThI8
mcrease shall be adJusted each year for
changes m populatIon and cost oJ hvmg 8S
proVlded by State UW
Ib) AppropnatlOD of funds that may be
made for spendmg by reason of Section (BI
shall be made for prOVldmg mcrtl8.sed pohce
and other protective lervlce8 mtended 1.0
control major cnme and for no other purpose
II'I The pnmBry mtentlon of thiS Sectlon IS
to proVIde additional polIce and other protec-
tIve servIces wlthm the enstmg framework of
City government
SECTION 1903 Expenditure Ulllttadun
Increue for PoUce and ProtecttYe 8enrlees.
(a) Pursuant to Section 4 of ArtIcle XIIIB of
the Callforma ConslItUtlon, the CIty'S expend
Iture limIt ror each ofthe fiM al year!> dun",~ the
four year penod begmnln~ November 7, 1984,
and endmg !';ovember 6. 1988, I~ mcreased by
four mLlllon dnUan. ($4,000,00000) ThIS In('re8be
shall be adJu~led each year for ~hangl'!> III
population and the lower uf changes In co!>l of
IIvmg or per.,onallllcome proVided by State law
(b) Appropnauon or funds that may be
made for spendlnll by reason ur:>ubsectlon (a)
shall be made for mamtamlll! and proVldmg
increased police and other protective services,
for Improvmg the safety of streets and nelllh-
borhoods, and for encouragIng publIC In-
volvemel1t m the reduction DC crime
SECTION J 904 Expenditure Limitation
Incft&lle for Capital Improvernen.. and
O~
(a) Pursuantto Section 4 of Arllcle XllIB of
the California Con"ltltutlOn, the CIty'S ex.
pendlture limit Cor each of the fL"lCal ~ars
durmg the four (4) year penod begmnmg
November 7, 1984, and endmg November 6,
J 988, IS mcreased by three m L1l1on five hu ndred
th.ousand doUars ($3,500,000 00) ThIS Increase
shall be adJusted each year for change"l III
population and the lower of ('hanges In the ('ost
of Imng or personal Income prOVIded by <;tate
law
(b) Appropriation of Cunds that may be
made Cor spendmg by reason of SubsectIon (a)
shaJi be made for proVldmg capital U'Ilprove-
ments and outlays for street maintenance, ..Ide
walks, street light CirCUit replacement, l1ew
street lights, energy conservation, tramI' Signals
upgrade, park mamtenancE', veh.lcles and other
eqUipment, and vanous one time capital needs
for libraries, publicly owned recreational Caclll-
ties In the City, park dl'Velopment, police and
fire facilities, and other capita] Improvements
and outlays reqUired ror the protection of
public health and safety
.--
Adopt... ..
(;t'Mf'i111 M..
oIelpo I i.Ioc-
uo.~ N.
....... 6.1"
RM. M43C (.
S.. IJO~
adopt..
.1 Sptc:ll.
Ml\llnic-~pal
EJ-tc-,Ian,
Ju:n* '.
""
Rnoh.I'oft
No 16-0
(CCS)
So< 1906
adop11!'d
at Spt!d...
M"u'lic-ip.1
.E1tc:IJon~
June'
191&
Rtso-lulJon
"0 164~
(CCS)
SANTA MONICA CHARTER
248 7 D
R 92
SECTION 1905 Expenditure Limitation
Increue for Police and Protective Service.
(a) Pursuant to Section 4 of ArtIcle
XIUB of the California Constitution, the
CIty's expendIture llmlt for each of the fiscal
years danng the four year perIOd begInnlllg
June 7, 1988, and ending June 6, J992, 15
increased, In additIon to any other voter-
approved Increases, by SIX MIllIon Dollars
($6,000,00000) This Increase shall be ad-
Justed each year for changes In population
and the lower of changes In cost of livmg or
personal income as Is prOVIded for In State
Jaw, or as otherwISe proVided for by the
State Constltl.ltlon
(b) Appropriation of funds that may be
made for spendIng by reason of subsectIon
(a) shaIl be made for mall'ltarnmg and
prOVIding mcreased pollee and other pro.
tectlve .services, for Improvmg the safety of
streets and neIghborhoods, and for en-
couragIng publIc Involvement In the re-
duction of crrme
SECTION 1906 Expenditure Limitation
Increase for Capital Improvements and
Outlays
(a) Pursuant to Section 4 of ArtIcle xlIIa
of the CalIforma ConstitUtiOn, the elt}'S
expendIture lImIt for each of the fiscal years
during the four (4) year penod begmnmg
June 7, 1988, and endmg June 6, 1992, IS
Increased, III addltlon to any other voter
approved mcreases, by Nme MIllion Five
Hundred Thousand Dollar.s (19,500,00000)
ThIS Increase shall be adJusted each year for
change~ In population and the lower of
changes In the cost of IWlng Dr personal
In come as IS proVIded for by State Ia.w, or as
otherwise prOVIded for by the State Con
IltItutIon
(b) Appropriation of funds that may be
made for spendIng by reason of subsectlon
(a) shall be made for provldmg capital
improvements and outlays for street mam-
tenance, sidewalk.s, street hght CIrCUit replace
ment, new street hghts, energy conservation,
traffic Signals upgrade, park mamtenance,
pIer preservation and Improvement, vchlcles
and other equipment, and various olle tllne
capItal needs for IIbranes, publicly owned
recreatronal faCIlItIes m the CIty, park
development, poltcp and fire faCllttleS, an d
other capItal improvements and outlays
reqUired for the protection of public l\ealth
and safety, and for malntalnmg and lm-
provmg the quality of basiC police and fire
protection, hbrary, recreation and parks.
City plannmg, engIneermg and assOCIated
adrrlll\lstratlve support services
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248-8
R-75
ARTICLE XX-TENANT OWNERSHIP RIGHTS
SECI'ION 2000 SIate.ent oIPI1IpOIIe_ The
People of the City of Santa MOnica find and
declare
ea> Tenant-Participating Convenions are
an effective method of prl!Sl!rvmg, stablhzlJIll
and improving neighborhoods and the supplyoC
sound, aft'ordable hOUSIng accommodations
. (b> It is sound policy to encourage such
Tenant-Participating Conversions to allow ten-
ants to purchase the Units which they occupy
and, at the same tune, protect tenants who do
not purchase theIr units
(c) This ArtICle IS deslgned to pennlt tenants
to enjoy the stability, secUrlty and flllanclal
benefits ofownershlpoftheu own houSlll1l units
and at the same time to proYJde more protectIOn
than presently exISts under Article XVIII of thIS
Charter for ParticIpatIng Tenants who may not
choose to purchase theIr Units and IS deSIgned
to promote aJIordable housing opportunIties
for Low and Moderate Income Households
(d) Wlule supportIng the Iloal of home
ownership, the City must ensure the continued
availablhty of affordable hOUSIng for Low and
Moderale Income Households In order to ac-
complish thIS goal, thlll Article requires a Ten-
ant-PartlclpatrngConverslon Tax as an integral
and essentlal prOVISIOn to carry out the pur-
poses oCthis Article and the proceeds of whIch
shall be used to ensure the continued ava.ilabIhty
of affordable housmg for Low and Moderate
Income Households
(e) This Article is necessary for the public
health, safety, and welfare of the City of Santa
Monica.
SECl'ION 2001 Deftnltlona. For purposes
ofthls ArtIcle, the followlnS words and phrases
shall have the followinll meanmg:
(a> AppUeant. The owner of a bUlldmg for
WhICh a Tenant Participating ConversIOn Ap-
plication II flied
(b) ColII!"'!n-!TeDant. Anytenanugreemg
to the conversion by hIS or her sJgnature on the
Tenant-Participating Conversion Application
who has personally"occupied hili or her unit
continullw!y lor. period of at least six (6)
months prior to the date he or she signs the
Tenant-PartICipatIng Convennon AppUcwon
(c) DiMbled Penon. Any person who Is
recelvin8 benefits from a Federal, State, ('Ir local
government, or from a private entity on account
of a pennanent dJsablllty that prevents the
person from eng&glllgln regular, fuUtime em-
ployment.
(d> IDtelldinl to PurcIaue TeJWIt. Any
tenant who has personally occupied his or her
unIt m the budding continuously for. period of
at least six (6) months immediately precedmg
the date the tenant signa a Tenant Intent to
Purchll!le
(e) Umlted Eqalty. Programs subJect to
the restrictIOns set Conh In the Health and
Safety Code Section 33007 5 and other pro-
grams which limit, to a lIimiI.ar extent and a
sunilar length of time, the owner's return at
resale For purposes of this Article, shared
appreciation equity loans or sunDar loans shall
not be construed to be forma of limIted eauity
(f) Low &lid Moderate Inmme Boueholda.
Persons and families whose income does not
exceed elllhty percent (80%) of the median
gross IIlcome for Los Angeles County, adJusted
for family size as determll1ed by the Secretaryof
Houslllg and Urban Development and under
SectIon 8(f}(3) of the Umted States HousmgAct
of 1937, as amended, or if programs under
Section 8(0 are tl'}"mmated. eIghty percent
(80%) of the medIan gross income determined
under the method used by the Secretary prior
to such tennrnatlon
(b) Middle Ineome H008eholds Persons
and families whose income exceeds eighty
percent (80%) but Is less than one hundred and
twenty percent (120%) of the median gr08$
income for Los Angeles County, ad,Justed for
family SIU as determined by the Secretary of
Housmg and Urban Development under Section
8(0(3) of the Untted States Housmg Act of
1937, as amended, or Ifprograms un der Section
8(0 are terminated, more than eIghty percent
(80%) but less than one hundred twenty percent
(120%) oUhe median gross income determmed
under the method used by the Secretary prtor
to such termination
(h) Own.er. TheownerofaQua.iJJYmgBuUd-
inl!.
(I) PartidpKiq: Tenant. Any tenant, In-
cludang both cosignmg and non-coslgnmg ten-
ants, resldmg m the building at the date of the
approval of the Tenant-Particlpatmg Conver-
sion Application
0) Price Index The mdex for Urban Wage
Earners and Clerical Workers, United States
City Average, as pubhshed by the United States
Bureau of Labor StatistICS. or in the event such
Index II discontinued, any comparable IIldex
(k) Tenant InteDt to hn:haae A form
prepared by the City to comply WIth State law
and whiCh shall be in subStBntlallythe fonowmg
form and substance
SfATEMENT OF TENANJ' INTEt.rr
TO PURCHASE
ThIS Is a Tenant Intent to Purchase form that
Is used to determllle how many tenants want to
purcha.se the apartment units that they cur-
rently are renting
Evel'ytJung that the owner guarantees or
promises you m exchange for your stgnature,
htc:ludlng the sales price, is set forth In writing In
the Tenant-ParticIpating Conversion Apphca-
tlon These promISes, including the promise to
sell you the unIt for the price stated on the form,
wUl be made condItions of the approval of thl'
conversion and the sJgI'Ied fonn wW become
publiC record
Slgmng thlll form does not mean that you
must buy the unlL It only means that you
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currently want and intend to buy the unit for
the sales prke mdicated on the form JI)/Ou are
able to obtain satisfactory financmg and it the
applicatIon Is approved
IF, AFJ'ER FINAL APPROVAL OF TIlE CON-
VERSION,mE OWNER REfUSES TO SElL TIlE
UNIT AS AGREED OR DEMM'DS A HIGHER
PRICE, YOU SHOULD IMMEDIATELY CON-
TACT TIlE APPROVING AtTORNEY AND TIlE
cm ATT'ORII1EY
I/We, the undersiglled, lIS tenant(s) of unit
at Santa Momca,
CalIfornia, at the time of filing' of the Tenant-
Partlclpatrng Conver-lIon ApplicatIOn of such
property, do certify my/our intent to purchase
my/our occupied UnIt No
I/We have seen and receIVed a copy of the
Tenant-Participating ConversIon ApplIcation
WhICh lists the maXImum sales prices for all
tenant occupied UnIts In thIS buildIng and other
information on the Tenant-Panlclpatmg Con-
versIOn ApplIcation to be riled With the City of
Santa MOnICa, and thIS list mdlcates that the
maXImum sales price for my/our Unit is to be
S
I/We further understand that thIS Intent to
Purchase Form WIll be filed WIth the City for the
purpose of establlShmg the percentage often-
ants that may be expected to purchase units
pursuant to thIS ArtICle
I!We declare, under penalty of perjury, that
all of my/our statements above are true and
correct
(SJgned and Separately Dated by Intending to
Purchase Tenant(s) and Owner)
(I) Qua11t)in& BuUdiDg. Any buildmg used
for reSIdentIal rental purposes Ul the City of
Santa MOnica for which no eviction has oc-
curred pursuant to Section ]806(h) of thrs
Charter (relating to eviction for purposes of
owner occupancy or occupancy by relatJVell of
the owner) wlthm a period ofsix (6) months
prior to the adoption ofthis ArtIcle In the event
ofsuch an eviction, an application Cor a Tenant-
Partlcipatmg Conversion may be flied ICno such
eviction occurred wlthm two (2) years prior to
the filmg of a Tenant-Participatmg Converalon
em) Senior CltiieD. Any person sixty-five
(65) years of age or older
(n) Tenant. Any person who IS an author-
ized tenant of an owner of a reSidentIal rental
building for which a Tenant-Partlcipatmg Con.
version Application is bemg proce:ssed
(D) Tenant OtImerwbip. Ownership in the
form oferther condominiums, community apart_
ments, stock cooperatIves, cooperative associ-
atIons, !unIted eqUity stock cooperatives or any
other means authonzed under State law
(p) Teunt-PutldpC1og CoJnoerwloD. Any
conversion to tena.nt ownenh1p iDIplemented
punua.nt to this Article.
(q) TeDallt'. Sale. Price. The maxunum
price for each Unit as set forth in the Tenant-
Participating ConvenlOn ApphcatlOn
248-9
R.75
SECTION 2002 Applleatlon ror Tell&Dt-
PartlclpadBg ConvemoD. An appl.Jcation for
.. Tenant-Participating Conversion shall be
complete If It meets the foUowing requirements
(a) Identifies the buDding, and its owner,
which is the subject of the appl.JcatIon and
contains a declaration that such building IS a
quallfymg bulldlllg
(b) Sets forth, for each tenant occupied
unIt, the folloWIDlli sales mformation
(1) The maxunum sales price for each unit.
(2) The mmarnum down payment for each
umt.
(3) If seller fmancmg Will be offered, the
mimmum amount to be financed, the maxll11um
rate of mterest and the mmimum term of the
loan offered by the ieUer
(c) Sets forth, for each UnIt, the follOWIng
common area, mamtenance and budget IIlfor-
mauon
(1) The plan for the assignment and use of
aU parkmg spaces
(2) The plan for the use of all common area
facwties
(3) The occupancy and management plans
and poliCIes
( 4) A lrst of all repairs and alteratIons, it
any, which Will be performed before the close of
the fllSt escrow
(5) The plan for allocatmg costs and ex-
penses for the buJ.!dmg.
(6) A prepared monthly maintenance bud-
get based upon actual maintenance expenses
for at least the preceding two years plus a
reserve fund which states the monthly main-
tenance assessment for each umt
(I) The procedures for the allocatIOn and
use of such reserve funds
(d) Contains a declaratIon With the foUow-
ing mformation
(1) That there has been a building inspec.
tion report of the accessible portions of the .
entIre building, including but not !united to, the
roof, walls, floors, heating, air conditioning,
plumbmg, electrical systems or components of a
SimIlar or comparable nature, and recreational
facilities ohhe buildmg prepared by a Building
Inspection SelVlCe or sunllar agency Wlthin tbe
preceding three (3) months
(2) That, for eacb tenant OCCUPied umt, a
written statement settIng forth any substantial
defects or malfunctions identified 111 the build-
ing inspection report regardmg the unit and the
common areas has been deUvered to the unit or
. tenant O('cupyUlg the unit.
(3) That, for each tenant occupied unit, a
copy ofthe complete building Inspection repon
.has been deltvered to the umt or a tenant
occupying the unit.
(e) Sets forth the form of tenant ownersbip
for whIch the application is submitted
(0 Isslgned by coslgningtenants occupying
not les, than two-thirds (2/3) of all the raiden-
tial units In the build!nl- If there Is more than
one tenant In . unit, the signature of only one
tenant shall be requln!d
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(g) Identifies the coslgJ\ing tenants and the
units occupled by such tenants and bsts all
otJIer tenants known to the owner in the build-
Ing and the units they occupy
(h) Contains a dec1aratlon that the slgna-
ture of each cosigningtenant WII5 obtained only
aft.er the delivery, in WTitlng, to such tenant of
the informallon required Ul SubsectlolUl (a) (b)
(c) (d) and (e) ofthjS Section
(I) ContaIns a declarallon that all lawful
-notices have been given of the apphCatlOD for
conversion
(J) Has attached to the application State-
ments of Tenant Intent to Purchase, SIgned by
IntendIng to Purchase Tenants occupymg not
less than fIfty percent (50%) of the total number
of residentIal UnIts Ul the bullding. If there III
more than one tenant in a unit, the slgnatu re of
only one tenant shall be reqUIred
(k) That, for each tenant occupied UnIt, a
Tenant Intent to Purchase has been del1vered to
the UnIt or a tenant occupying the uniL
SECflON 2003 Proeeulng otTelUlnt-P....
UdpaUnll ConwrstOD AppUcadoft. The follow-
mg procedures shall be followed in the pro-
cessmg of a Tenant-ParticipatIng ConversIOn
ApplIcation
(a) A Tenant-Panlclpatlng ConversIon Ap-
plication shall be accepted for fIImg by the City
when It meets the requlrements of Section 2002
of this ArtIcle
(b) A Tenllllt-Participatll\g Conversion Ap-
phcatlon shall be flied by the owner not less
than forty (40) days prIOr to the mlng of any
appl.icatlon for a tentatiJve subdIVISIon map or
tentatIVe parcel map under the SubdIVision
Map Act of the State of California. The Tenant-
Participating Conversion Application may be
filed Simultaneously with the service of the
Notice of Intent to Convert reqUired by the
Subdlvtsion Map Act of the State of CaW'omla.
(c) Wlthm fIVe (6) days of the fihng of a
Tenant-Participating Conversion Appl1cauon,
the City shall send notke to every tenant in the
building statUlg that a Tenant-PartIClpaung
ConversIOn ApplIcation has been flied and that
anyobJecllons thereto may be fded WIth the City
withm twenty-five (25) dar.& from the date of
the noUce
(d) Upon the filing of the application for
any required tentative subdivision map or ten-
tatIVe parcel map, or ICno such map is required,
at the end of forty (40) days from the mmg of a
Tenant-ParticIpating Conversion Application,
the Tenant.P&nlClpatlng Converrllon Appl1ca-
lIOn and any requlled map shall be scheduled
for hearing and processed in accordance with
the procedures for the processing of subdMSlon
maps The City and the applJcant may agree to
extend the time periods required for processing
for a perIOd not to exceed SIXty (60) d&yll
(e) Any Tenant.Partlcipating Conversion
Application shall be deemed approwd subject
to the condItions set forth in Section 2004 of
this Article ifit is not approved or den1ed within
the time periods required by this Seaton.
248-10
R-75
SECTION 2004 Appnwa1 or DeIlW ofTe.
Ult.Putidpat1D, Convenloll AppUcaUoD.
A Tenant-Particlpatll\g Conversion Application
shall be approved or denied w1tJUn the time
period8 set forth in Section 2003 of this Article
and Il\ accordance with the folloWlfig standards
(a) A Tenant-Participating Conversion Ap-
pltcallon, along with any required tentatIve
subdIVision map or tentatIVe parcel map, shall
be deRled if the Tenant-PartlcJPal1ng Conver-
sion Application f8.ils to meet any of the re-
quirements of thlll Article, WII5 the result of
fraud, misreprl!$entation, or threat or sunllar
coercion, or fails to meet any mandatory re-
qusrement of the SubdlVlSlOn Map Act of the
State of Cal1fornla.
(b) A Tenant.riruclpatlng Conversion Ap-
plicatIon, along WIth any reqUired tentatIVe
subdlV1Sion map or tentat1ve parcel map, shall
be approved If 1ts meets the reQuirements of this
Article and shall be subJect to the foUowmg
conditions and no others
(1) The owner must file WIth the City written
consent to each conditIOn imposed in connec-
tion WIth the approval of a Tenant-PartIcipating
ConversIOn Appl.lC:ation The wntten consent
shall be flied prior to the approval of any
reqUIred final SUbdMSIOn map or linal parcel
map, or IC no such map IS reqUIred, withm six
(6) months from the date of approval of the
Tenant-Partleipatlng ConveJ15ion Apphcation
The filing of such WTitten consent shall eonsti-
tute an agreement, WIth the CIty of Santa
Monica and each partlcipatmg tenant, blndmg
upon the owner and any successon; 10 IlIterest,
to comply with each a..,d every condItion un-
posed In connection 'nth approval of a Tenant-
Participating Conversion Apphcatlon The City
and any participal1ng tenant shall have the
right to specific entorcement of thIS Agreement
In additaon to any other remedies plOVlded by
law
(2) The owner shall offer and contmue to
offer the exclusive right to purchase each rental
Ulllt in the bulldmg to the participatang tenant
thereof upon the terms set forth in the apph-
cauon, without change, for a period of not less
than two (2) ~ars from the date of fmal
approval by the CaW'orma Department of Real
Estate orlhe date the fIrSt unit in the bulldlng 18
offered for sale, ifno approval by the Cahfoml&
Department of Real Estate is reqUIred At the
bel1nning of the second year, the Tenant's Sale
Price may be acijusted according to any change
renected in the Price Index occurnng dur1llll
the precedmg year Upon the written accep-
tance of the offer by the particlpaung tenant at
NlY tIme withm the two year period, escrow
ahall open within thirty (30) days trom the
WTl1ten acceptance by the participating tenanL
Unless othel"Wl8e agreed by the parties, the
period oflhe escrow.hall not exceed SIXty (60)
days.
(3) No partlclpat!ng tenant shall at any
time after the approval of the Tenant-Partld-
patJng ConveJ15lOn Applkatlon be evicted for
the purpose of occupancy by the owner, occu-
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pancy by any relatIVe of the ow:ner, or for
demolition of the unit In the event the particl-
patmg tenant does not exercISe hIS or her right
to purchase within the time period let Corth III
thIS Ankle, the ow:ner may tr'ansfer the unit
WIthout any price restriction to the partici.
patlng tenant or any other person However, In
the event such transfer Is to someone other
thlll\ the partlclpatmg tenant, the transfer shall
be expressly made subject to the rights of the
"pa.rtJcipatmg tenant to continue to occupy the
umt as pJ'OVlded for in this ArtIcle
(4) Each unit shall at all tunes remalft
subject to all the terJl\ll and condlllolUl of ArtICle
XVII) of this Charter, except Section 1803(t),
before, during and after any Tenant-PanlCi-
patlng Conversion If any Unit is rented, the
maxunum allowable rent for each unit shall be
no greater than the maximum allowable rent
allowed under ArtIcle XVIII of thIS Charter
(5) The building may be requU't!d to comply
only WIth the applicable laws, includmg the
bulldmg, salet)', and zoning codes, whIch were
in effect as of the date the bulldmg was con-
structed No new, additional requtrements in-
cluding, but not limIted to, parlung, room sIZe
o~ interior or extenor unprovements of any
kind, may be imposed as a condition, either
dIrectly or indlJ'ectly, of the Tenant-Panlclpat-
Ing ConversIon !IIOtwlthstandmg the above, the
City may Impose reasonable health or safety
requirements consistent W!th this Article upon
such buildings provided that lIuch requirements
umformly apply to all similar multlresldential
structures In the CIty of Santa Monica, regard-
less of the form of ownership of the buildmg.
(6) Pnor to the approval of any required
.ubdlVislon map or final parcel map for the
Tenant-ParticipatIng ConversIOn, or if no such
map III reqUired, prlOrto the fIlmg ofthewTltten
oonsent requlJ'ed by Subdivision (b)(I) of this
Section, each part1c1patlng tenant shall be in-
formed In writing, in a form approved by the
City, of his or her nghts under this Anlde
(7) In additIon to the provisiON! of Subdi-
VISion (b )(3) ohhlS Section, all non-purchllS1Jlg
Partlclpatmg Tenants who are aenlorcltizena or
dlllabled on the date of nJing the Tenant-Par-
ticipating Conversion Appbcatlon and who per-
IOnally occupied a rental unit in the quahfymg
bulldingcontInuously for at Ieastlb:: (6) months
immediately preceding the date of the fihng of
Tenant-Participating Converaion Application
.hall be given the nonassllllable nght to con-
tinue to personally reside in their Unit as long as
they choose to do 10 subject only to Just cause
evlct.lons provided that the evIct.aon is not for
the purpose of occupancy by the owner, occu-
pancy by any relatIVe of the owner or for
demolition of the unit. In addition IIh~uld the
maximum allowable rent Provislo~ of Article
XVIII of thlll Ch~r no loRier apply, the rent
tor each such unit shall be a<tIusted annual.lyto
allow an increase of no more than the Increase
in the Price Jndex plus. reasonable pro rata
248-11
R-75
share of capitallmpJ'Oftments for the building's
common areas or agreed to capital unprove-
ments for the unit WithIn 'IXty (60) da)'!! after
the approval of a Tenant-Particlpatmg Conver-
slon Application, any senior CitIZen partici-
pating tenant who is entitled to the protectIOns
of this Subd!vlllion may designate in writing the
name of one person who is entitled to continue
IIvmg in the rental unit under the same terms as
the senior citizen if the senior citIZen pre-
deceases him or her and If the person designated
Is residing In the unat at the time of the death of
the .enior citizen The person designated by the
senior CitiZen must be a lawful occupant of the
UnIt, at least fifty-fIVe (55) years of age on the
date of the fllIng of the Tenant-Panlclpatlng
Conversion Appla-;allon, and must have resided
in the unit for a contmuous penod of .ix
month! prior to the filing of the Tenant-
Participating ConversIon Appbcation
AU other non-purchuang Partlcipatmg Ten-
ants who personally occupied a rental unit m a
qualifying building continuously for at lellllt six
(6) months immediately preceding the date
fUIng the Tenant-Participating Conversion Ap-
plication shall be gaven the nonassignable right
to continue to personally reside In their unit
subject only tOJust cause evactlon for a perIOd of
flve (5) yelLJ'S from the date the first unit III
offered for sale No evaction shall be allowed
during thll time period except for Just cause
provided the eviction is not for the purpose of
occupancy by the owner, occupancy by any
relative of the ow:ner, or demolition of the unIt.
In a~ditlon, during this time pel'1od,should the
maxunum allowable rent provisions of Ankle
XVIII of thlll Charter no longer appiy the rent
for each uniuhallbe adjusted annualYtoallow
an Increase of no more than the increase in the
Pnce Index plu.s a reasonable pro rata share oC
capital improvements for the bulldmg's common
areas or agreed to capital improvements for the
unit.
Al] rights under this Subaection shall expire
upon the termmat10n of the landlord-tenant
~Iationshlp between the owner and the par_
tIcipatIng tenant entitled to the protection of
thIS Subsection
For purposes of this Subsection, "Just cause-
means one of the reasons set fonh in SubdM.
aions (a) through (g) of SectIOn 1806 of this
Charter
(8) The requirements of this Section shall
be set font! In the Declaration of Covenants
CondItions, and RestrICtions, or equivalent
document, and shallllpeeifically name the Par.
tictpating Tenanta in each unit entitled to the
benefits and protection. ohMs Ankle The CJty
....hall review and approve for comphance with
this ArtIcle the Covenants, Conditions and
Restrictions, or equivalent documenta, p';or to
the approval of any required fmal subdlvllion
map or final parcel map, or if no .uch map is
required, prior to the fUlng of the ...~lt.l..en J~
conlent required by Subdivision (bXl) of thia
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SANTA MONICA CHARTER
SectIOn To -the extent applicable, the requITe-
ments of thIS ArtIcle shall be made a pan of the
rental agreement With the Paruclpatmg Ten-
ants
(9) The owner shall pay the Tenant-ParticI-
pating Conversion Tax In the manner reqUll'ed
by Section 2008 of thIS ArtIcle
(10) The Deelaratlon of Covenants, Condi-
tions, and RestrictIOns, or equMllent document,
shall contam a non-dISCrimination clause in
substantIally the follOWIng form -No Unit owner
shall execute or file for record any Instrument
which Imposes a restnctlon upon the sale,
leasing or occupancy of hIS or her Uhlt on the
basiS of sex, race, color, religion, ancestry,
national ongin, age, pregnancy, mantal status,
family compOSItion, or the potential or actual
occupancy of mmor children The assocIation
shall not dlscnrmnate on the basIS of sex, race,
color, rehglon, ancestry. national orrgm, age,
pregnancy, mantal status, farmly composItion,
or the potentIal or actual occupancy of nllnor
chIldren.
(1I) The approval of a Tenant-Participating
Conver!tlOn ApplicatIon shall expire If any re
qUlred Iinal subdiVISIon map or final parcel map
is not approved wlthm the time penods set
fonh In the SubdiVISion Map Act ofthe State of
Cahfornla. or 1f no such map IS required, If the
written consent reqUIred by Subdi"1.Slon (b)(I)
15 not filed WIthm the required tune penod
SEC"TION 2005 ProhlbltionAgainetRellll1e
Controls The CIty shall not Impose eIther
directly or IndIrectly any restrictIons on the
prIce, terms or condltlons of sale or resale of any
Unit in a Tenant-PartIcIpating Conversion ex-
cept to mcorporate the terms and condItions
agreed to by the partlCS In the Tenant.PartlCI-
patmg ConversIon Application as authorIZed by
this Article Nothing In thIS SectIOn shall restrict
the City from impoSing any COndItions or re-
strICtIons necessary to contmue the form of
ownership of Utl1ts exempt from the tax re-
qUired by Section 2008 Nothmg in thas So!etion
shall restrict the CIty, any other governmental
agency, or any other person from makIng any
voluntary loans or other forms of voluntary
financtal assIStance to pUf('hases of unlUl for
whIch a Tenant-ParticIpating Conversion Ap-
plication has been approved with any terms
agreeable to all partIeS
SECIlON 2006 ProhtbldOll AgaiMt OCher
Tu: and Fee Req1drementa. No tax or fee
other than those expressly let forth in thl8
ArtICle may be imposed, either duectly or in.
directly, by the CIty on a Tenant-Partlclpatmg
ConversIOn except the unpo!l1tlOn of actual
processmg or map costs not to exCftd live
hundred dollars (S500 00) per unat adjusted
annually by the Price Index
SECTIO"l 2007 Appllcablllty 01 Other
Laws. Secllon 1803(t) of thIS Charter shall not
apply to any budding for which a Tenant-
248 I?
R 76
Partlclpatmg ConverW.m Application ha... been
approved Any prOVISIon of any ord In anu' ofthe
City or any prOVISion of the MuniCipal Lode or
any appendix thereto incons~tent With the
provISIOns ofth IS Article, to the extem uf such
inconslSten<.y and no further, shall not dpply to
the l'l<tent necessary to effect the provl~lons of
thIS ArtICle Any general or specllic plan of the
City Inconsistent wlth thIS Article shall be
amended to the extent necessary to be con.!>lS-
tent WIth thIS Article. and until such dmend.
ment, shall be deemed consIStent With thUl
ArtIcle
SECfION 2008 Tenant.Partidpat\ng Con-
veraton Tax, A Tenant Partlclpatlnj( Conver-
sIon Tax IS hereby unposed as follows
(a) There as hereby establIShed a Tenant-
I'artlclpalmg Conversion funl! All of thl' !tums
collected pur!tuant t:l th15 Section shall be
depo~lted In the Tenant ParticipatIng Conver.
slon Fund and shall be used only for the
purposes set torth In Section 2009 of thIS
Artlde
(b) The Tenant-Partlclpatmg ConYl'r..lon
Tax shall be paid by the owner to Ih~ Ctty
Trell>>urer on each Tenant.PartlclpaUnj{ (..on-
vernon Utllt m an amount equal to twelve (12)
tlnle" the monthly maXImum allowable renl for
the un It at the time the ta'l( IS due and payable If
there IS no monthly maXimum allowabl!. rl'nt,
the tax shall be computed on the basI" of the
monthlv fair rental value ofthe unit
(c) The 1 ellant.Partlclpallng Conversion
Tax !thall be due and payable at the tIme of
approval of any reqUired final ~ubdlVlSlon map
or Iinal parcel map, or If no such map 18
reqUired, at the time at the ftlJng of the written
consent required by Secuon 2004{d)(l) of thIS
Artlde Payment of the tax may be dpferred
untIl sale of the Unit by the owner executing a
ben in the torm approved by the City Upon
payment ot the tax, or upon a determinatIOn
that a unIt IS exempt from the tax III accordance
With SUbdlVl.~IOn (d) ofthas SectIon, a release of
lien !thall be flied by lhe City WIth respect tu each
unit tor which the tax has been paId or whIch
has been determined to be exempt from the tax
(d) Any unitsubJecl to hmlted equIty resale
prOVISions shall be exempt trom payment of the
tax
SECI'ION 2009 U&e ofT.,... All filumes de-
rived from the Tenant-Partlclpatmg Conver",on
Tax shail be annually approprIated by the City
Council for only the fOllowmg purpose!t
(a) In accordance WIth Section 2000(d) of
this Article, to assISt Low and Moderate Income
Households In Tenant-I'anlcipatIng Conver-
sion~ to purchase or Improve their UllIts subJect
to an atrordable repayment plan Including m.
terest, keyed to future Income Increases and
gains on resale I'rlorlty '\hall be grven to a.~slStlng
Low and Moderate Income Households in
LImIted Equity Tenant-Participating Conver
sions For at least the rll'St two (2) years from
the receipt ofthe flTSt payment oflhe Tenant-
~A"'TA MONICA CHARTER
PartICIpating Q)nverSlon Tax under thIS ArtIcle.
a substantlal portIon ofthe tax proceeds shall
be used for IlSslStmg Llmlted Equity Tenant
Partlclpatlnj{ ConversIons
(b) Up to one-slXth ot the revenues derived
from Section 2008 may be u.sed to asSISt MIddle
Income Households In Tenant-ParticipatIng
ConversIOns to purchase or Improve theIr Unlts
If the CIty CounCil, by five (5) afnrmauve votes,
determmes tl1 at the needs of Low and Moderate
Income Households have been fully satisfied
(c) To pay for reasonable and necessary
costsofadmmistrauon of programs requIred to
meet the pu rposes of th lS SectIon
SECTION 2010 Programs t4 A8sist Middle
Income Households Wlthm SIX (6) months
ffom the enactment of thIS Article, the CIty
Council shall study and ISSue a report on
ml'thods avaIlable to the City for asslstmg
/lhddle Income Household!> to purchase unrt!.
for whIch a Tenant-PartIcIpating Q)nverSlon
ApplicatIOn hIlS been approvcd
SECTlCll' 2011 Limitation if the Cltv
Counctl finds based upon competent factu~l
data obtamed from rn uflICLpal, State, federal or
other mdepelldent sources of data that the
rattO of non owner occupIed reSIdentIal UnIts to
owner occupied residential umts WIthIn the
CIty of Santa Momcll has fallen belOW the
average ofsu(.h raUo for the State ofCalIfoTl1la,
the CIty CounCil IS empowered, at Its d15cretlon
and U1 ordcr to achIeve the objectIVes of thlll
Article, to cease acceptIng new Tenant-PartlCl
paunt Conversion Appll\:il.tlons until tlw ratlo
or J1011-0Wner occupIed reSidential um~ Within
the CIty exceeds the average such ratIo for the
State of California
SECTION 2012 Information and CompU-
ance The City CoUJ1crl shall cause to be pre-
pared and supervISe a program to dISSeminate
mformatlon about thIS Article to tenants,
apartment owners and other p.lrtles Informmg
each tenant, apartment owner and other part.es
of their TIghts and obligations under thl1> .o'\rtlcle
The CltyCounctl!>halllssue an annual report to
mclude data on compliance With thIS Article
Each report shall Include data on the number of
apJ>hcatlons ll1'1d the status of each J>roJect
SECTION 2013 Criminal Penalties Any
VIOlation of this Article ~hall constItute a
mISdemeanor
SECTION 2014 Civil Remedies The City
Attorney shall supeTV\Se and promote educa-
tlonallegal informatIOn concertllng CIvil reme-
dIes and civil causes of action WhICh may be
aVllllable to persol'ls who feel that their rights
have been VIolated, Includmg, but noUimlted to,
Intentional mfllctlon of emotional dIstress,
breach of contract, fraud, Interference W1t~
prospective economic opportunity. construe
tNt e\llCtlOn, bTi!ach of the co',/enal'lt of quii!l
efIJoyment, trespass and other causes of action
The City Attorney shall refer persons seekmg a
248-13
R-!!2
CIVIl remedy to any referral agencIes or referral
panel operlltmg In accordance With the re-
QUirements or the State Bar of CalItorm" Any
aggneved party may brmg an actIon in a court
of competent JurISdiction in order to obtall'l
rehef for any vlOlatlQn of this ArtIcle
SECTION 2015 Expenditure Authorlu
lion The expenditure limitation of the CIty
estabhshed pursuant to Arucle XliIB of the
California Constitution III Increased, In additIOn
to any other voter-approved II'lcreases,foreach
of fIScal years 1984-85, 1985-86, 1986-87,
and 1987-88 by an amount eQual to the
amount of the momes recieved In each such
fIscal year pursuant to Secllon 2008 of thIS
Article The Clty CounCil shail place before the
voters penodlcally a measure to mcrease the
expenditure limItation prIOr to the expIration
of the Increase authorlZcd by thIs SectJon or any
subsequent II'lcrea.~eso that there IS a commua
tlOn, to the extent approved by the voters and In
additIOn to any other voter-approved lficreases,
of the expenditure hmltdllon of the City equal
to the a.mount of the taxI''' derived from SectIon
2008 of thlS ArtIcle
SECTION 2015A Expeuditure Authori
Zillion The expendIture l\mltatlUl\ of the
CIty establIshed pursuant to Article XIIIB of
the CalifornIa Constitution IS mcreased, III
addItIon to any other voter approved m-
creases, for each of the fiscal years dUTlng
the four year period begmnmg June 7, 1988,
and endmg June 6, 1992. by an amount
equal to the amount of the momes recelved
In each such fiscal year pursuant to SectIon
2008 of this ArtIcle
SECTION 2016 Sunset
(a) .....0 Tenant-PartIcipating ConverSion Ap
phcatlUn shall be med after July I, 1996, un less
thLS Section IS amended to proVlde for the fIlmg
of such appIJcatlon aIter th lS date
(b) No TenaJ\t-Partlclpatmg Conversion Ap-
p/jcatJon .shall be filed on or aftPr the date the
Crty's expendnure limitatiOn has not been m
creased In accordJ.nce WIth Article XmB of the
Cahfornla ConstitutIOn fo. the purpose of fully
expending the momes receiVed pursuant to
Section 2008 of thIS Article
(c) fn the event Section 2008 does not
become effectIVe by reason of th I' faIlu re of thIS
Article to secure the approval of two-thirds of
the \'oters to the extent reqUIred by Article
XIIIA of the Cahforn.a ConstitutIon or by any
other reason, no Tena.nt-ParticlpatIng Conver-
sIOn ApplIcation may be filed
SECTlO"l 2017 P.rtiallnvalidity
(a) Except 85 proVIded In SubdlVlSlQn (b) of
thIS Section, If any prOVL~Jon of thIS Article or
application thereto to any person or CIrcum-
stance IS declared or found invalid by aeourt of
competent JUrIsdiction, thLS mvahdlty shall not
affect other prOVISiOnS or applications of thIS
Article which can be l(lven effect WIthout the
s.. 261 S",
IIdopttd
.1 Sptcial
Munitlpa1
Eltdlo..
Junt 7.
UU!>y
Ruoh,uion
1>0 16'0
(CCS)
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SA.."'TA MONICA CHARTER
248-14
R-92
l11Valld provISIOn or application, and to this end
the prOVl!llOnS of this Anicle are declared to be
severable This Miele shall be hberally con-
strued to achieve the purposes of thIS ArtIcle
and to preserve itli validity
(b) The fOllowmg proVl!lions of thIS Article
shall be in server able and the InvalIdity of any
suc.h proWllon of th1S Article shall result in the
invalidity ofthis entire Article-
(1) Section 2002(f), Secuon 2002(j), SectIon
2004(b)(l), 2004(b)(2), Sectlon 2004(b)(3),
SectIOn 2004(b)( 4), SectIon 2oo4(b )(7), or Sec-
tion 2004(b)(9), when the invalidIty of such
prOVlSlnl\ would depnve tenants of the rights
conferred by thIS ArtIcle necessary to ensure
theU' partICIpatIon and pro~ectlon before, dur
If'S, and after t.he Tenant-PartlCipatmg CoI\Ver-
slon
(2) Section 2008
(3) Sectl0I\ 2009{s}
(4) Section 2015
(5) Section 2016(b)
(6) Section 2016(c}
(c) In the event that thIS ArtIcle IS declared
Invalid In Its entirety as a consequence of the
prOVISions of Sub dlVIS 1011 (b) oftlus Section. any
apphcant who has filed a Tenant-Partlclpatmg
Conversion Application meetmg the require-
ments of thIS Article at the time of the filing of
the apphcatIon shall have II rIght to proceed
with the conversIon in accordance WIth the
appllCatlon accordmg to. the terms of thIS ArtIcle
as though each and every proVllllon hereof was
severable
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SANTA MO:-rrCA MUNICIPAL CODE
. . ,
Jo
WHEREAS, the CIty of Santa MOllica,
for years last past, has been and now Is
a city containmg more than thrE'c thou-
sand'1ive hundred (3,500) inha~itants,
aa BBcertalned by the last preced,'lg cen-
8US taken under the authority of the
Congress of the Umted Statell or c,f the
. Legislature of the State of Ca~ forn 1';
and
WHEREAS, on the 4th day of De.
cember, 1945, at a muniCIpal election
duly and regularly held on that dny I"
that CIty under and in accordance with
the provISIons of Section 8 of Article XI
of the Constitution of the State of Cah-
fOlnla, the electors of saId City dId duly
choose and elect
BEN A BARNARD
JEAN LESLIE COR~ETT
SAMUEL.J CRAWFORD
JOHN W FISHER
MARK T GATES
MARTIN GOODFRIEND
ELLET T HARDING
MARSHALL HICKSON
CHARLES EDWIN HILLS
LOUIS E MAHO=-:EY
FLORINE S ~IAL"LE
HOWARD P :McCONNELL
EARL NITTDo:GER
MILA:-J E R Y A:-r
VIVIAN I WILKEN
who are all electors of B8J.d Cltv and
eligible as candidates under .!:'1id s....c-
bon, a Board of fifteen (15) Frc("holders
to prepare a Charter for the goyernment
of saId City, and
WHEREAS, the result of llald eleltron
of Freeholders was duly declared by tJ1e
leglslatrve body of the City of Sanh
MonIca on tile 11th day of DE:c"mbet",
194,5, and said electors thereafter dUlY
quahfied all such Freeholders in accord-
ance with law;
BE IT !rnOWN that in pursuance of
the p!'c.vislons of said ConstItut'on and
WIthin t.'1e p~rlod of one )'ear aft:>r the
249
CERTifiCATE
result of said election wall 110 declared,
the Soard of Freeholders has prepared
and does now propose the foregoing
Charter as the Charter for the govern.
m<-nt of the City of Santa Monica, and
BE rr FURTHER KNOWN that Bald
I:ol'rd of Freeholders hereby requests
sa'd :egislabve body of the City of Santa
Homca to cause the publication of said
proposed Charter as prOVided III said
ConstItution and does hereby fix and
des!gnate Tuesday, the 5th day of No-
vember, 1946. as the date for the elec-
tIo-. at which the proposed Charter shall
be B.Jllmltted to the qualIfied electors of
the Cay of Santa MOnIca for theIr ratl.
1jrt'tlon and adoptJon,
IN WITNESS WnEREOF, we, the
duly elected, qualIfied and undersigned
Freet-olders -of the CIty of Santa Monica,
County of Los Angeles, State of CalI-
fornia, have hereunto set our hands at
the City of Santa Momca, County of Los
Angeles. State of CalIfornia, this 15th
day of August, 1946
SAMUEL.J CRAWFORD Chairman
JEA:-O LESLIE CORNETT, Secretaf')'
BE:-O A B!l.Rr\ARD
JOR=-: \\' FISHER
MARK T GATES
MARTI:-, GOODFRIEND
FLLET T HARDING
MARSI-l'ALL HICKSON
CHARLES EDWr:-r HILLS
LOUIS :<: llAHONEY
rLORENCE S MAULE
EO\:l.,'ARD P McCONNELL
EAP.L NIT'TINGER
},!ILAN E nYAN
YIYIAN I WILKEN
Freel'oladS of the CIty of Santa Mon-
ica, COl''' t)' of Loll Angeles, State of
Califomil\..
AI"a.;,sT.. . '"
JE_'.X LESLIE CORNETT,
Secretary of the Board
of Freeholders
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SANTA MONICA Mu:>."ICIPAL CODE
Section
~
ABSENCE
Board of Education member. .
CItv CounCIl1nan . ... .. . ..
lellve of, candidate for office
ACCotJNTANT
CIty Controller . h_ __ . _. _." 709
independent a\ldlt .. .1516
ACTIONS
againllt City
on claims
prior to Charter. _ .
revIews by Personnel Board
ADMIXISTRA'rION
CIty Manager's powers _ __
department heads
interference in
ADVERT!SI~G
competitn:e biddmg
contracts on publtc ......orks
franchls<"e
funds for
official newspaper
Ordll'lanCE'S
publ1sJ;,ng of legal notices
tax levy for
ADVISORY
boards and commISSIon .
AFFIDA VITS
CIty Clerk
AGEXT
Purchasmg
AIRPORT COM:t.rrSSION'
appoIntment of
powers and duties
AMEXD:\IENTS
of budget
of ordmances
A:-JNUAL
bids {or publishing notices 609
budget _.oo_oo . ... _. _ 150Z
estimates for budget 704, ':'09
finanCIal report (lIee REPORTS)
independent aUdIt . _._.. _..
tax levy .
ANXUAL REPORTS
fsee REPORTS)
APPEAL
claln'l.s, when rejected _ 1515
from lIuspenslons, discharge, etc 1110
to Personnel Board __ ___ ____ 1012
APPOI:-lTED
boards and commiSSIons .
officers,
by CIty CO\lncil . __ . ___..._ 700
by City Manager _ 701, 702
general pTovlsions relating to. 1300
APPOI~TMENTS
City Attorney's po.wers .. .. _ _' 7{1~
CIty Manager's powers.. 704
ClaSSIfied Service .... _...._.... ___..1100
department heads' powers _ 1305
to bo.ards and commIssions . _. 10()2
.1000
250
lNDEX
Section
903
603
1111
APPROPRIATIONS
(see BUDGET)
ASSIST ANTS
appointment at . ... _ .... .. _ _1305
CIty Attarney _ _. ____..__..._ ..... . 708
ATTORNEY. CITY
aPP<'llntment lJy Clty Co.uncil ....
claIms . .._...... . -
Planmng CommISSIOn, to. attend.
poy> ers and dutres ...... oo.. oo
prosecutor
reqUIrements for eligibility
A1:DIT
an'1ual Independent audIt . _.. 1516
CIty Attorney to ad\lse .. .__.. 709
C'ollectlOn:; to. be depoSIted 711
Departmental Tn...&t Fund ....._..___1512
of demands by Controller _. 709
payrolls by Personnel Dlrecto.r _ . 710
BALLOTS
tsee ELECTIO~S)
BA:-;n
members in UnclaSSIfied ServIce 1102
rrunlclpal _ .1014
BEQUESTS
to. LIbrary .
BIDS
centralized purchasing system... 1507
pUbliC works ......_ ... _.... 608
publIshIng legal notices 609
purchasmg agent . . .. ___ _ 1507
BOARDS AND COJl.IMISSIONS
Au'port CommIssion _.__ _ _'h_____ 1015
approprIatIons for. . _' .. ._oo 1001
compensatIon ...... ......._.. _.. 1005
EducatIon, Board at ..__._ ...._ . 900
eXlsbng boards . ..... ... "_ _ 1003
LIbrary Board _ . _.............__.. _. 1009
meetmgs . __ _._. _..oo ., 1004
Perso.nnel Board ,..'_ _... . _.... ... ._1011
Planmng CommiSSIon _ ..... ._ _ .. .1007
prOVIsions relating to ...... ._.._...1000
Recreation Commlllsion _ .... ...._._1014
BO!\'DED INDEBTEDNESS
lImit upon . . ... .... . . . __h._... 807
BO~DS
City Attarney to approve. .__..... 708
of officers .. ..._ ._......_. .1300
BOUNDARY
of CIty
BUDGET
adoption of _.._ ... 1505
annual. _ . .._ oo_.. _.._. . 1502
appropnations .. ... ..... .. ._. ..._ 1506
copIes ()f _ ... .. .. 'oo.. _..n ... ..1505
~stlmates _ . . ... 70"", 709, 1502
for boards and commissions .... .1001
he u'mgs __... _ .._ ,,_._ '__" 1504
responslbIhty to administer .. __._. 704
BUILDING OFFICER
appomt of . . __ _h. ___... ___._ '101
powers and duties .. .,oo __... _... '114
1515
1515
305
IUO
.700
709
1007
708
708
_ 708
704
1305
610
1508
ilQ8
1601
606
609
617
609
606
. _ _. _.. 1010
10<1e
':'07
1507
1015
1016
1506
621
1516
606
. .n 'oo'" . .. 200
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SANTA MONICA MUNICIPAL CODE
#'
Section
CANDIDATES
activity W1th respect to " ........ ..1111
Board of Education ...._.._._.._. . 900
City CouncU __... ......._........_.._. 600
electron laws _. .. _._. ___ .____ 1400
lea'\res of absence to becqme. .. ..1111
Munlcipal Judge .._..... _..__.. .,.,_. 801
CHARTER, CITY
actIons and rights prior to ._..300, 302
approval by Legislature.. ... ..... 306
effective da.te of _ __.... ...... . 306
ordmances prior to .... ....... 301
va.lidltv _. 1702
vlolatron of provisions . __ 1701
CITIZENSHIP
requIred for employment _. _ _1105
CITY
bounda.nes m.. .m....nn............mm
name of
powers of ..... __ .m.......... .......
succeSSIon
CITY COUNCIL
(see Council)
CIVlL SERVICE
appeal from 8usp..-nsion _ 1110
appomtment under. 1105. 1108
candidate for office 1111
chargu. statement of __ 1110
CItIzenshIp required. 1105
ClasSIfied ServIce . __ _. 1102
complaints . llIO
contracts with personnel agency 1113
demotion, dismissal . 1110
department hell.ds' powers .. .... ..1305
efficiency ratJngs ... ... ._.." 1107
eligIble 11st .. .n .... ... 1108
examinatrons 1105
fair employment practice 1101
fraud _ _ 1112
lay-offs, seniority.. .. .... .. 1109
payroll certification .n..... n. . 710
Personnel Boa.rd
(see PERSONl\"'EL BOARD)
political activity ........_. ",_'~n' .1111
probationary employes h.... _ 1110
promotions . _ .., _.... . .... .m .n07
prov1sfonll .._ _ __ _... __. .. 1100
reSIdentIal requirements . _. . 1105
roles and regulations . __ . 1012
salaries, study by.Personnel
Board . ... ""_'_ .... . _ 1012
suspensions ...... . . .1110
temporary appointments lI08
veterans ... ... ..... 1106
veterans' credIt . __n_ .... ____ ._.... 1106
vlolatlons _ ..._ ..... ._.._..... .. 1112
CLAIMS
actlons on .. md.. ........ .........__ .. 1515
audI t of . . .... . .... ..... _ __. 709
Ctty Attorney. .. m...............___...... 709
for damf>ges . ___ .... ... . . _..1515
presentation ....... .. . 1513
CLASSIFIED SERVICE
(see CIVIL SERVICE)
.. 200
100
400
300
!51
8ectJoa
CLERK. CITY
admmlster oaths _ _"'" .. .....,. . - . 707
appomtment of '''' ._...._...._.... _ '700
powers and duties . .._. .... __n.... 107
records of City .._... .. . __m' 'n'" 107
seal. custodian . _....... __ ..... ...... 101
COMMISSIONS
(see BOARDS)
COMPENSATION
of board and commission
memtlers _.. _" ... .
of CIty Councilmen ... .
study by Personn~l Board.
COMPLAIXTS
(see CIVIL SERVICE}
employes, heaTIng on
stl'eet conditions _ ..
CONDEMNATION
property of franchIse holder _.. 1604
CONTEMPT '
CIty CounCIl power to punish ..... 614.
COX'l RACTS
CIty Attorney to approve. ... .. 108
contInuation of eXIsting. ....... 304
emergencies . _..' 608
megal mterest of officers .... _.1302
pubhc works, biddIng . _ .. 608
pubhshmg of legal nonces . . 609
purchaSIng procedure . 1507
street work 713
to contlnue in effect .. _ .. ... 30~
CONTROLLER. CITY
appeal from . ... .I5H
appoIntment of .. .... . ..... . . _ 700
demllJ1ds, to examine .. .._ ...'" d 1514
t1nancial forms . __...... _ ._..... 709
powers and duties ._ 'l09
COUNCIL, CITY
s.ppointmentll hy . . ...
budget (see BUDGET)
compensation of ... " ..... _. &02
contempt. powers of. .... ..... .. . 614
contracts, megal interest in . . .. 1302
electJon _." __._.. _ 1400. 1402. 600
eUglhility for .... n' -p-p .__. 601
interference in administrative
matterll .._. .__.... n __.. _. . 610
leglslatlve body. "'__'''''''_ ..._.. 605
meetings _....... .. .._.. 611, &12
number comprising ..._.... ..... . 600
powers .. _ ......_ ........_.._. . 605-
presiding officer, Mayor .___.. __ . 604-
ordina.nces ...~.___ .. .... ..... _ ..__.. 615
quorum . ... . ._..._.' _. __~ .. __.... 614
su'opoena members .......... __...' . _. 614-
term of members.. ..__._....... ... . 600
vacancies .... .. .._....... ..,. _..... . 603
COUNTY
health officer services h'_.' ......_ .. 711
personnel department services ..1113
tax. system . ....... ... ... .... 1501
COURT
(see MUNICIPAL COURT)
CRIME
in\"ohing moral turpitude _....603, 90S
902, 1005
_.._ ____ 60Z
..... 1012
__...1110
... . .... 713
.700
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SANJ'A MONICA CHAKTut
SectJo.Q
..
DAMAGES
J.ee FRANCHISES)
clalna tor _ _...__. _.._ . ..
DEBT
bonded debt lJmlt . .__._...._...._ 601
Cash BBliJI Fund '.."_._ _.. . 1509
tax limits . _.. ....._.._... _ _. .._._ 606
DEMANDS
aUdIt of __ _ _..._ _ _. '/'09
ft funds bwu.1'l'lclent ..... .... . 1514
no suit prev10uI to ..... __. _ _ _ 1515
prellentation _. ___.._. _..... 1513
rejection of, appeal _ __ 1514
to be registered ..... _ .. 1514
warrantll _ __.. ..... ..... 1514
DEMOTION
(lee CIVIL SERVICE)
DEPARTMENTS
bUdget estimates .... .. ...
continuation of exiltlng . .., . _. _
creation of . .. . _' __.. __ .... _ . .
disciplinary powers
funds of .
heads ot
trust fund _
DEPOSITS
(see FUNDS)
DEPUTIES
appointment of . ._.._____.. __
DISCHARGE
(aee CIVIL SERVICE)
DISCRIMINATION
In employment, forbidden
DISEASES
Health Omcer duties
DUTIES
(1Iee OFFICERS)
EDUCATION., BOARD OF
compensation ....... ..... ......... 902
~1i!ihlllty for... .... ... ......... .... 901
first election of ......... ......... .. 900
felleral municipal elections .. . . . . . . . .. 906
1lN!IIIben., number and tenn. .. ....... 900
presiding officer .... ..... ........ 904
weandes .... ... ..................903
EFFEf..,T.Lv'E DA.TE OF
CJ\ARTER . _____ ._
ELECTIONS
tirst election UDder Charter. ___ Jf02
for spedal Jeviu . ..... . _ 606
meral municipal electionl ._ 1400
inlUative, Rferend.um e.nd RcaU. 1(0(
procedure for holding . _. _.._.,. 1403
.peclaJ municipal electionl . .__ itOl
EMERGENCY
contracts . .. . . . '_..m.' _ 608
ordinance, adoption of _ _ '_" 81:\
Ipedal levy for . ___ ... . _ _ _ _ 606
EMPLOYES, CITY
(see CIVIL SERVICE)
(lIee OFFICERS AND
EMPLOYES)
retirement system ..._ ._. _..
ENGINEER, CITY
appointment at . .. _ ... ._
1502
303
102
1110
711
701, 702
1512
1101
1200
1515
262
R.75
8eetl_
P1annmg Commfuion, to attend .10<11
powera and duU_..._ _........ . . 112
ENTERTAINMENT
levy tor .._ .......__.._.. ,,,,,_,_,'m_.. 608
Recreation Commi.lI1on . ..___~. 1013
Recreation Dlreetor . ....m... .._. . 718
ESTIMATES
(see BUDGET)
EXAMINATIONS
Cllee CIVIL SERVICE)
EXPENDITURES
(lee BUDGET)
demands, prelJentation of
independent audit
purchasing
warrantJI .
FINANCE
(see BUDGET)
(aee FUNDS)
ti!ICal year . . n.. . .,n.. L500
Ipeeill funds . .1509, 1510, 1511, 1~12
tax levies . ....... ..... . eos
tax Byatem . 1:501
FINES
Charter VIolations . __ .____.. 1701
for th'lI lervlce violationl __. 1112
ordinance violations 620
FIRE DEPARTMENT
ChIef of
FISCAL
(see BUDGET)
(lee FUNDS)
reports
lllee REPORTS)
year 'u' . .. _
FRANCHISES
duties of grantee . ._. .. 1605
eminent domam ___._ _. . _... 1604
failure to acquire .... . 1606
grantIng of ..._. .. .... _ . . _ . 1600
notice and hearing . _ _ __... ,1601
resolution ot Intention . ___........ 1601
term of . . .___.....__ ..... .___. ..___ 1602
FUNDS
(Bee BUDGET>
llee CITY TREASURER)
Capital OuUayJI _ .._... . '_.'_ 1511
Cash Baall Fund .... ..... . _. ._.1509
Department Truat ...... ".... _ ......1512
depositing of ....._._.......... .... 111
Petty Caah '_'_... "__' .._.._... 1513
Public Sen1C'e Deparbnentll ..__. 1510
spedal lewu . ...._._._ _.. .._.__ 608
appomtment of . . .._._._.. _ . .. _. 100
HEALTH OFFICER
City may contract with County .. 711
powers and duties ..' .. ...._ . . 111
HOUSES
BUlldmg Omcer ._ __ .. ..__.._.. . 114
IMPROVEMENTS
street improvement proceeding. 619
INDEBTEDNESS
bonded debt limit . .__.._..__.._... 101
tax IImitll . ..___.... ._........_...._... 808
_ ,1513
_ _ 1518
1501
15U
1305
, . 116
111
1500
S06
101
Section
253
R-92
Sect! 011
SANTA MONICA CHARTER
IN1TlA TIVE OATHS
reserved to the people . - - 1404 admiTllsterlng by Clerk .707
JAIL adminlstenng of 1006, 1304
labor on public worlea . 620 of officers 1301
maximum penalty.. ....._ ._ 1701, 620 OFFICERS AND EMPLOYES
JUDGE (see CIVIL SERVICE)
Municipal Court ............... 801 additlons.l duties 1303
LEGISLATIVE POWERS appointed by CIty Council. .. 700
(see COUNCIL) s.ppOlnted by City :Man8.ger 1'01
LIBRARY appOIntIve officers, gener/l.lJy . 700
bonds of 1300
donations . 1010 department heads 1305
levy for 606 interest In contracu 1302
Librarian 1010 oaths, admlJ1lstel'lng of 1304
Library Board .. 1009 prOViSIons rela tmg to _ 1300
LITIGATION OFFIClAL NEWSP APEF'.
City AttorneY'1I duties 108 (see ADVERTISING)
controlled by City Counail 'i08 advertisIng tor bids 609
LOANS deSIgnated by City Council &09
Cash Basf, Fund . ... _..... .1509 rates 609
MANAGER, CITY ORDINANCES
appointment of 703 adoptron of 615
Assistant CIty Manager 706 amendment of 621
budget duties . h_ .. 1502 codIfication of 618
Manager pro tempore 706 contllluation in effect of 303
powers and duties 701, 704 effectIve when 619
MAPS emergency 615
CIty Engmeer .. . 712 publlcatlon 611
MA YOR referendum 14.04
City Councll to name. 604 vloll!.uon of . 620
Mayor pro tempore. 604 PAYROLL
powers and duties 604 certl fica tlon of 709, 710
MEETINGS PENSIONS
(see BOARD OF EDUCATION) retirement system 1200
(see BOARDS and PERSONNEL BOARD
COMMISSIONS) appointment of 1011
(see CITY COUNCIL) powers and duties 1012
M1LIT ARY SERVICE PERSONNEL OFFICER
(lIee VETERANS} appointment of , 701
MISDEMEANOR powers and duties 710
Charter violation 1701 PLANNING COMMISSION
Cltv Attorney to prosecute . 708 appointment of 1007
C1Vl1 Service violation _ 1112 powers and duUell . 1MB
ordinance vfoJaUon . . 620 PLANS
MONEYS BuildIng Ofticer 114
lllee CONTROLLER) City Engineer .. .712
audit 1516 PLAYGROUNDS
City Treasurer to receive . _ 711 Recrea tlon Commission 1014
deposit of . . . 711 POUCE AND PROTEGrIVE SERVICES
MUNICIPAL AFF AlRS
control over ... 400 statement of purpose 1900
MUNICIPAL COURT crime preventIon program 1901
continuing in existence . . ...._.. So() expenditure lImItation
MUSIC Increase .1902-1906
band members 1102 POLICE CHIEF
Recreation Commission lOa appointment 701
tax levy for 606 powers and duties 115
NAME POLITICAL ACTIVITIES
ot City .. ....... . . .. 100 prohibited in ClaSSIfied ServlC!e 1111
NEWSPAPER POWERS
(see OFFICIAL NEWSPAPER) 4 see COUNCIL)
NOMINATIONS PRISONERS
(see ELECTIONS) labor on public works 620
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R 76
t ~ Section Section
PROPERTY RENT CONTROL LAW
inventones. current 709 8B1M! rent ceiling ....1804
tu levy, lImIts 606 Board. .,. ... .... ~ 1803
tu ~stem 1501 Integrity and autonomy 1802
PROSECUTOR Interun... ... . ]802
City Attorney 708 Ceiling adJustment . . .... .. 1805
PROTECTIVE SERVICES CIVil remedIes, . 1809
tsee POLlCE AND PROTECTIVE Crunmal remedies . . _ , . 1810
SERVICES) Defimtlons ....t .1801
PUBIJCATION Evictlon . ... .. . . 1806
(see CIVIL SERVICE) ExistIng board practices 1814
./U bIds 608 Hearings on adJustments 1805
budget 1503, 1505 IncreBlM! 1805
franduses 1600, 1601 Il1Junctlve rehef 1811
legal nouces 609 JudICial review .1808
( offICIal newspaper 609 Maxunum allowable rents 1804
ordmances 617 Non-warverablllty ]807
PUBUC UTILITIES Partial InvalIdity J 1812
lsee UTILITIES) Permanent rent control board 1803
PUBLIC WORKS Petition for adJustment 1805
(see CITY ENGlNEERI PostInI! '" . .. 1804
(see PRISONERS) Purpose 1800
(!lee SUPERINTENDENT or STREETS} Relationship to Article XX 1813
blddmg on 608 Remove controUed rent Unit
drams 713 from market. .. 1803
In emergencIes 608 SIngle falmly homes 1815
PURCHASES Temporary freeze 1804
( agent 1507 REPAIRS
centralIzed 1507 contracts for 608
QUALIFICATIONS REPORTS
of ofncers (s",e partICular orrlcerl rmanc.al 704,709,711
QUORUM personnel . 710
(see BOARD OF EDUCATION) RESOLUTIONS
(see BOARDS AND COMMISSIONSI adoption of 615
(see CITY COUNCIL) RETIREMENT
RATINGS (see EMPLOYEES)
{see CIVIL SERVICEl REVENUES
RECALL, THE (see BUDGET)
proceedings 1404 (see FRANCHISES)
RECREATION (see FUNDS)
( Rec:reatlOn Commission City Treasurer to receIVe .. 711
levy for 606 estimates (see BUDGET)
appomtment 1013 su.rplus funds ., 1&06,1610,1611
pawerlllloJ\d duties 1014, tax mmu .. ......... .. . . 606
REFERENDUM, THE REVIEW
procedure 1404 (see CIVIL SERVlCE)
HEUEr SALARIES
levy for 606 (see CIVIL SERVICE)
REMOVAL Personnel Board to study 1012
(see CIVIL SERVICE! SCHOOLS
boarda and commiSSIOns 1002 (see BOARD OF EDUCATIONl
by apPOintive power 700,701,704,1305 levy for 606
RENT CONTROL BOARD. 1803
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SANTA MONICA CHARTER
~
SEAL
City Clerk eust.od1an
SECRETARY
classificatIOn of
for boards and CommiSSIOns
SENIORITY
1- CML SERVICEI
SEWERS
contracte for
Superintendent of Streetll
SJDEW ALKS
contracta for
SuperIntendent of Streets
SPECIFICATIONS
purchases
STREETS
(see SUPERINTENDENT OF STREETSI
contracts for Improvement 608
repaIrs and mamtenance 608
SUBPOENAS
CIty CounCil may lSsue
SUCCESSION
Charter effect upon contracts,
ordlll811ces, ete
SUPERINTENDENT OF STREETS
appomtment of
powers and dutIes
SUPPLIES
centralized purchasmg
InventOrIes
rules and regulatIons
SURVEYS
(see CITY ENGINEER)
maps, field notes, eLe
records of
SUSPENSION
{see CIVIL SERVICEI
TAXES
budget
Capital Outlays Fund
Cash Basis Fund
County system of collectlOD
fillCal year
hmlU OD levies
speclalleVles
TENANT OWNERSHIP RrGHTS
appllcablhlY of other laws .... ... 2007
application for tenant-participating
conversion . 2002
approval or denial of . 2004
processing of .. . . . . 2003
civil remedJe5 .. . 2014
crlmmal penalties . . .2013
definitions . 20(H
expenditure authorIZation:: ... 2015
informatlon and compliance 2012
limitation ... . .. .. . . . . 2011
partial invalidity " ....2017
programs to BSSlllt middle income
hou$eholds .. .... 2010
1102
1004
608. 1507
1507
709
1507
1602
1511
1510
1501
1500
606
606
prohibitions
against other tax and fee require-
ments
against resale controls . . . .
statement of purpose
sunset
tenant-part1clpatlon conversIon
tax ... ....
use of tax .....
TRF:ASURER
appoIntment of
powers and duties
warrants on treasury
UTILITIES. PUBLIC
lsee FRANCHISES!
contractll 608
deprec:lahon 1510
revenue prodUCIng, funds of 1510
VACANCY
lsee BOARD OF EDtJCATIONI
lsee BOARDS AND COMMISSIONSI
(see CITY COUNCIL!
lsee CIVIL SERVICEl
VETERANS
preference glYen
VIOLA TIONS
of Charter
of CIVIl Service prOVISIOns
of ordmances
VOTERS
(see ELECTIONSl
WARRANTS
Isee DEMANDSI
WATER
l!lee FRANCHISES)
WI levy
WITNESSES
power to subpoena
WORK
englneermg
prIsoners
pubhc works contracts
strelltll
ZONING
Plannmg CommiSSion
707
608
713
608
713
614
300
701
713
712
712
256
R-76
2006
. .. 2005
2000
2016
.2008
.2009
701
711
1514
1106
1701
1112
620
606
614
712
620
608
713
1008
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ITEM # ~a~-
MAP IS FILED IN
CITY CLERK'S OFFICE
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