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R10826City Council Meeting: July 22, 2014 Santa Monica, California RESOLUTION NUMBER /0'62-(® (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PLACING ON THE BALLOT A MEASURE AMENDING THE CITY CHARTER TO ESTABLISH A MAXIMUM ANNUAL REGISTRATION FEE FOR CONTROLLED RENTAL UNITS AND SPECIFYING THAT HALF OF THE FEE MAY BE PASSED THROUGH FROM LANDLORDS TO TENANTS WHEREAS, the Santa Monica Rent Control Board has recommended that the City Charter be amended to establish a maximum annual registration fee for controlled rental units of $288 and to establish that fifty - percent of the fee amount may be passed through by landlords to tenants; and WHEREAS, the City Council has considered and approved that recommendation because: it will ensure the stability of Rent Control Board operations, that serve both landlords and tenants and which protect affordable housing in Santa Monica; and it will insulate the Rent Control Board from legal challenges that divert its resources from community service to litigation; and WHEREAS, pursuant to California Elections Code Section 10403, the City Council has previously requested that the County of Los Angeles consent and agree to the consolidation of all aspects of a General Municipal Election with the Statewide 0 General Election scheduled for Tuesday, November 4, 2014, for the purpose of electing members of the Santa Monica City Council, the Santa Monica Rent Control Board, the Santa Monica - Malibu Unified School District, and the Santa Monica College Community College District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AND PROCLAIM AS FOLLOWS: SECTION 1. At the General Municipal Election called for November 4, 2014, the following measure shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION " ": Shall the City Charter be amended to establish a maximum annual Yes registration fee of up to $288 per controlled rental unit and to limit the amount that landlords may pass through to tenants to 50% of the registration fee. No SECTION 2. That the City Clerk shall file a certified copy of this resolution with the Board of Supervisors and with the county election department of the County of Los Angeles. SECTION 3. That the City of Santa Monica recognizes that additional costs may be incurred by the County by reason of the addition of this measure to the ballot and agrees to reimburse the County for any additional costs. E SECTION 4. The City Clerk shall transmit to the City Attorney, in accordance with applicable law, a copy of the proposed measure. The City Attorney shall prepare an impartial analysis of it, which shall not exceed 500 words in length. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. In accordance with applicable law, not less than 10 calendar days before the City Clerk submits the official election materials for printing, the City Clerk shall make a copy of all applicable elections materials available for public examination in the City Clerk's office. SECTION 5. The City Council authorizes its members, as follows, to file written arguments for or against the measure described above and which is contained in Exhibit 1 to this Resolution, which Exhibit is incorporated by reference herein: FOR: Gleam Davis Terry O'Day, Tony Vazquez, Ted Winterer AGAINST: All written arguments filed by any person in favor of or against any measure, including any rebuttal arguments, shall be accompanied by the names and signatures of the persons submitting the argument as required by applicable law, and any names, signatures and arguments may be filed until the time and date fixed by the City Clerk in accordance with applicable law, after which no change may be submitted to the City Clerk unless permitted by law. 91 SECTION 6. The City Clerk shall cause the text of the measure, which is contained in Exhibit 1, together with the City Attorney impartial analysis, and any arguments for or against the measure, as well as any rebuttal, to be mailed to all qualified voters with the sample ballot. In addition to other notices and publications required by law, the City Clerk, not less than forty (40) days and not more than sixty (60) days before the General Municipal Election, shall cause the text of the measure to be published once in the official newspaper and in each edition thereof during the day of publication. The City Clerk is authorized to give such notices and to fix such times and dates as are required by law or which are appropriate to conduct properly the election. SECTION 7. The provisions of Resolution Numbers 10680 (CCS), 10681 (CCS), and 10682(CCS) are referred to and incorporated into this resolution for more particulars concerning the conduct of General Municipal Election to be held on November 4, 2014, and in all respects the election shall be held and conducted as provided for by applicable law. The City Clerk is authorized and directed to procure and furnish any official ballots, notices, printed materials and all supplies or equipment that may be necessary in order to properly and lawfully conduct the election. SECTION 8. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: Ej Exhibit 1 Proposed Amendment to City Charter Section 1803(n) The Board shall finance its reasonable and necessary expenses by charging landlords annual registration fees in amounts deemed reasonable by the Board with a maximum annual registration fee of up to $288 per controlled unit. Fifty percent (50 %) of the amount of the registration fees may be passed through from landlords to tenants, and the Board may establish applicable conditions and procedures governing the pass through. The Board is also empowered to request and receive funding when and if necessary from any available source for its reasonable and necessary expenses. Adopted and approved this 22nd day of July, 2014. am O'Connor, Mayor I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10826 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 22 "d day of July, 2014, by the following vote: AYES: Councilmembers: Davis, McKeown, Vazquez, Holbrook Mayor Pro Tern O'Day, Mayor O'Connor NOES: Councilmember: None ABSENT: Councilmember: Winterer ATTEST: Sarah P. Gorman, City Clerk