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SR-11-B (13) C/ED:MT:RF:db CouncIl MeetIng: June 26, 1984 \ \D ~.JDV \ Santa MonIca, CalIfornIa 1/-8 Jill 2 6 .. TO: Mayor and CIty CouncIl FROM: CIty Staff SUBJECT: RecommendatIon to approve Three Month CIty Preparaton PerIod for ImplementatIon of OwnershIp RIghts Charter Amendment (TORCA) AuthorIze Related Funds for ExpendIture Through 15, 1984. Staff Tenant and to October IntroductIon ThIS report outlInes a plannIng process to be undertaken by the CIty Manager's OffIce and Department of CommunIty and EconomIC Development to Implement recently passed PropOSItIon X - Tenant OwnershIp RIghts Charter Amendment (TORCA). The report requests the CounCIl to approve a three month preparatIon perIod, dIrect the CIty Manager to Instruct CIty staff to proceed as outlIned and to authorIze expendIture of necessary funds. Background On June 5, 1984, the voters of Santa MonIca approved passage of a Charter Amendment intended to allow converSIon of rental unIts to tenant ownershIp. BaSIcally, TORCA WIll allow converSIon from rental unIts to condomInIums (or cooperatIves) by owners of such propertIes, If the unIts are offered for sale to present tenants. There are a varIety of protectIons for tenants In regard to converSIon actIVItIes, I.e. offerIng prIce optIon perIod, rIght of tenancy 11-8 JUN 2 6 WI4 - 1 - C/ED:MT:RF:db CouncIl MeetIng: June 26, 1984 Santa MonIca, CalifornIa in the event of sale to others and so on. There IS a mechanIsm provIded for purchase SUbSIdy for low/moderate and mIddle Income famll.1es. Most sImply put, the terms are: 1. owner must have consent for converSIon from at least two- thIrds of the tenants. 2. owner must have a s 1 gned i ntent-to-purchase agreement from 5l% of the tenants for applIcatIon to move through CIty processes. 3. owner must hold offerIng prIce to all tenants for a perIod of two years. 4. non-purchased unIts remaln subject to rent control. 5. occupIed unl ts purchased by non-tenants must contInue to be occupied by eXIsting tenants and are subJect to rent control. 6. owner must pay a one-tIme "conversIon tax" for each sold unIt In an amount equal to one year's rent of the unIt. 7. proceeds from the converSIon tax are to be used to create a yet-to-be desIgned SUbSIdy program for low/moderate Income tenants and possIbly for mIddle Income tenants as tIme goes on. Only admInIstratIve costs of the SUbSIdy program can be covered from these fees. - 2 - CjED:MT:RF:db CouncIl Meeting: June 26, 1984 Santa MonIca, CalifornIa 8. applIcatIon fees for the converS.lon process are capped at $5@0 per applIcatIon and no other plannIng & zonIng tract map fees or any other fees can be charged, Irrespective of actual processIng costs. AnalYSIS There has been a moratorIum on condomInIum converSIons In Santa MonIca SInce AprIl, 1981. Because of thIS moratorIum and the establIshment of Rent Control In Santa MonIca, It is not really possIble to estImate Immediately what the market for converSIons WIll be, and consequently what the applIcatIon proceSSIng work- load WIll be. TORCA legIslatIon requIres a housIng subSIdy to be put In place. A host of admInIstrative and policy concerns need to be addressed In order for Santa MonIca to respond profes- slonally and effICIently to the legIslatIon. Therefore, staff recommends that a three month preparatIon period be InItIated. DurIng thIS perIod staff will reVIew, evaluate and des Ign procedures deta Iled below to Implement the leg Isla t Ion. ApplI ca t Ions, gUIdelInes, relevant forms and procedures WIll be avaIlable to the publIC no later than October IS, 1984. Proposed Tasks 1. General PlannIng and Overall Issues IdentIfIcatIon The experIence of other localItIes WIll be brIefly reVIewed and evaluated In order to explore and clarify Issues which are relevant to the Santa MonIca legISlation. The amendment Itself WIll be analyzed and questIons and Issues WhICh need - 3 - C/ED:MT:RF:db CouncIl MeetIng: June 26, 1984 Santa MonIca, CalifornIa clarIfIcatIon WIll be IdentIfIed, dIscussed and resolved. Volume estImates WIll be drawn for program desIgn purposes, and legal reqUIrements of the CIty under the legIslatIon WIll be evaluated In order to deSIgn system procedures WhICh Incorporate reqUISIte protectIons. 2. AdmInIstratIve DeSIgn of CIty Procedures CIty admInIstratIve processes that exist such as the subdiVISIon process WIll be revIewed. ReVISIons requIred by TORCA WIll be suggested. A manual or gUIde to the new processes WIll be drafted and work process flow charts and tImelines WIll be produced. A specIfIC TORCA process WIll be deSIgned to complement the City's subdIVISIon process. Interdepartmental functIonal relatIonshIps WIll be IdentIfIed, procedures evaluated and TORCA responslbIlItles WIll be approprIately aSSIgned WIthIn the CI ty. An applIcatIon kIt WIll be prepared WIth InstructIons and Intake proceSSIng time tables. 3. Re9ulatory Issues ReVIew of the pOlIcies and reqUIrements of present agencIes and processes WhICh may regulate the transactIons WIll be undertaken. Some of the agencIes and theIr reqUIrements to be evaluated are: the CalIfornIa Department of Real Estate, the Coastal CommISSIon, and the Rent Control Board. Procedures of BUIldIng and Safety code complIance and PlannIng SubdiVIsion Map Act processes WIll be reVIewed. - 4 - C/ED:MT:RF:db CouncIl MeetIng: June 26, 1984 Santa MonIca, CalIfornIa From the analYSIS of these and other regulatory processes, TORCA regulatory plans WIll evolve. 4. Data Management Systems The analYSIS of the legIslative and the adm~nstratIve procedures, durIng the preparatIon perIod, wIll dIctate methods and detaIl level of data collectIon and program monItorIng for TORCA. An evaluatIon wIll be made of eXIstIng data bases and theIr utIlity for thIS program. A system of data collectIon and retrIeval WIll be deSIgned to meet the needs of the legIslatIon, staff monItorIng and publIC InformatIon reqUIrements. 5. Tenant/Landlord InformatIon The needs of constItuent communItIes for InformatIon WIll be IdentlfIed. A publIC InformatIon plan WIll be prepared and WIll Include TORCA AdmInlstratIve hand-outs, brochures, kItS and other relevant materials. As a part of the process, the need for a techn leal support capaCIty WIll be evaluated and the deSIrabIlIty of aSSIsting a lImIted number of model proJects WIll be assessed. 6. SUbSIdy Program An analYSIS of the need for, and form of, the SUbSIdy as reqUIred by the legislation for low/mOderate and mIddle income famllles WIll be made. AlternatIve SUbSIdy mechanisms will be set forth. POlICY goals for these alternatIves WIll - 5 - C/ED:MT:RF:db CouncIl MeetIng: June 26, 1984 Santa MonIca, CalIfornIa be identI fled, admI nistrat 1 ve frameworks wIll be presented, and crIterIa for choosIng among the alternatIves wIll be offered. An analysis of the appllcabIlity of dIfferIng financlng mechanIsms wIll be dIscussed. Processing and procedures for SUbSIdy will be conSIdered and an evaluatIon of the potent 1 al role (s) of non-prof 1 t groups, WI th 1 n the system, wIll be conSIdered. 7. EstImated Pr09ram Costs An estImated annual budget wIll be prepared to cover the CIty staff actIVIties and work products assocIated wIth the plan outlIned above. The costs wIll be those needed to support the admInIstratIon of the TORCA program by the CIty. A fee structure to cover these costs wIll be recommended. Process Deputy CIty Manager Lynne Barrette wIll manage thIS three month process, wIth the assIstance of Rusty FlInton, ASsIstant to the DIrector of C/ED, who WIll prepare the work plan for presentatIon to the CouncIl In October. The Manager's offIce wIll convene a CI ty staff workIng group and WIll assign responsIbIlI tIes to execute the proposed tasks. OutSIde contract consultants wIll be asked to work wIth the group as necessary. To provide addItIonal expertIse and InformatIon to the workIng group the Manager I s offIce will perIodIcally convene meetIngs WIth people from the communIty who are concerned wIth these - 6 - z < J-4 ~ ;:.::; r:::::; 0 ~ z r< 0 H E-i E-i H .:r: en E-i H Z ::r: r::l :x: :2:: w ~ H ~ :2:: H r< U p::; 0 ~ e::; ::.:I ~ 0 E-< U 0 x p::; ~ r::l :2:: x W E-i P-i W X Ul I I I 0 ^ , , :...: ' , .. .... .... .... I I I I I I I I I I I I I I I I I I X I 0 X X 0 I I I I I I I I I I I I I I I I I I I I I I I I I 0 0 0 C I I I I I I I I I I I I I I 0 8 Ul ::J l'J ::J < x X I I I I I I o o :>-; H ::J I-J X I I I I I I I I I I I I I o x ~ ;x; ;x; I I I I I I I I I I I I I I I ~ I I I ;Z; 0 I 0 ::J I t-). I 0 (" 8 .. (l) QJ f/i f/i 0 t;)X r-I .j.J () '0 ~ 0 :3 .-I (/] <;... 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'"d fil lwl'C (}) ,.-\-.-\ (1j O..Q 0'"0..0 C m (I)+J E.lJ C :> ;:l ..--t CJ ::I r:;j-i-J +l (I)...... .-/ p.. -r-i ..-I UJ 'U CJ n, ..r:: ,....; tIl h ro..--t O'H+J C C ~ 0 ItS (lJ III (I) CJ U (I) C) ~ :>...~ s:: h H CJ H l-l ~ C Cill+!U H r;j - C rj r:j UJ E r;j ..-\..-\ --i .-/ ..-\ Q 0.. +l .-/ 0.., s:: o..s:: rj .-l4-l4-l :> ::I >+J OJ ;::'-1 (lJ 10 (!) r.j l-l trl ill () 0 tfOri H rj GJ H..--t Hr-I ,.QClQe:::: CJQ::;rj~ CQ~ n,p.. 0.. 0 ::J CJ H U) I I I E-' I I H U"l ~ r-- ---- C/ED:MT:RF:db CouncIl MeetIng: June 26, 1984 Santa MonIca, CalIfornIa EXHIBIT B NOTE: TORCA funds wIll be expended as needed (outlIned below). ACCOUNT NAME ACCOUNT NUMBER FY84-85 (to 10/15/84) OvertIme & Temporary AdmIn. 01-200-261-0@0-149 $ 1,0'00 Plan.& ZonIng 01-200-266-000-149 3,0'00 HOUSIng 01-200-264-000-149 2,0'00 Supplles & Exp. AdmIn. 0'1-200-261-000-231 400 Plan.& ZonIng 01-200-266-000-231 1,40'0 Legal AdvertIsIng (CI tl zen Info.) Plan.& ZonIng 01-200-266-000-254 2,500 HOUSIng 01-200'-264-000-254 2,50'0 PrInted forms Plan.& ZonIng 01-200-266-000-411 1,800 HOUSIng 01-200-264-000-411 1,800 Bldg.& Safety 0l-200-321-000-411 50'0 ProfessIonal ServIces-No BId Plan.& ZonIng 01-200-266-000-506 20,000' HOUSIng 01-20e-264-000-506 15,000 AdmIn. 01-200-261-000-506 5,@0e $56,9130 TOTAL - OCTOBER 1, 1984 - 1 - C/ED:MT:RF:db CouncIl MeetIng: June 26, 1984 Santa MonIca, CalIfornIa Issues. These meetIngs WIll be open to all those who are Interested. T~metable A timetable for thIS preparation per~od, conclud1ng In October, 1S attached In Exh1blt "A". FIscal/Budget Im?act The recommended actIon w1ll have no 1mpact on the current budget year~ In an act10n on June 19, 1984, C1ty CouncIl approved start-up costs of TORCA In an amount of $56,900 (see ExhIbit B attached). It IS requested that Councll approve the formation of a TORCA fund to WhlCh the approved amount from the General Fund wIll be loaned. Recommended ActIon Staff respectfully requests that Council: 1. Approve concept of a three month preparat10n perIod wlth a report due to CouncIl by October 1, as outlIned above. 2~ D1rect staff to evaluate processlng costs of the program and recommend a fee structure for TORCA Wh1Ch covers, but does not exceed, those costs. The evaluation and recommendatlon are to be a part of the work plan to be presented to CounCIl In October. - 7 - .-, , '. CjED:MT:RF:db CouncIl MeetIng: June 26, 1984 Santa MonIca, CalIfornIa 3. Author i ze and approve a loan from the General Fund to the TORCA fund In an amount not to exceed $56,900. Prepared by: Rusty Fllnton, AssIstant to the DIrector Mark TIgan, DIrector AdmInIstratIon DIVISIon Department of CommunIty and EconomIc Development Attachments: ExhIbit A ExhIbit B lIIX - 8 -