R-9364
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F \atty\munl\laws\barry\charter\elect99 1
City Council Meeting 1-26-99
Santa MonIca, California
RESOLUTION NUMBER 9364
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CALLING FOR AND GIVING NOTICE
OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON SATURDAY AND SUNDAY, APRIL 24 AND 25,1999 RELATED
TO AMENDING CITY CHARTER SECTION 1806
WHEREAS, Elections Code Section 12109 authonzes the City Council to provide
that all ballots cast at the Special MUnicipal Election be counted at a central counting
place,
WHEREAS, Elections Code Section 9280 authorizes the City Council to direct the
City Clerk to transmit a measure appearing on the ballot to the City Attorney to prepare an
Impartial analysIs,
WHEREAS, Elections Code Section 9282 et seq provIdes for procedures for
arguments concerning city measures, and
WHEREAS, Elections Code Sections 9282 and 9285 authorize the City Council, or
any member or members of the City Council authorized by the City Council, to file written
arguments, including rebuttal arguments In favor of any CIty measure,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS
SECTION 1 A Special Municipal Election shall be held In the City of Santa Monica
on Apnl 24 and 25, 1999, which IS the election ordered In accordance with Elections Code
Section 9255 for the purpose of submitting Initiatives amending the Santa MOnica City
Charter of the City of Santa MOnica
SECTION 2 The following measure shall appear on the ballot and be submItted
to the voters of the City
PROPOSITION" II Shall Santa Monica YES
City Charter Section 1806(b) be
amended to provide that a tenant in a
controlled rental unit cannot be
evicted unless the tenant has
committed a material and substantial
violation of the lease which the
landlord has not waived or otherwise NO
lost the legal right to use as the basis
for an eviction?
The City Clerk shall cause the text of the propOSition, which IS contained In Exhibit 1
attached hereto and Incorporated by reference, to be mailed to all qualified voters with the
sample ballot The City Clerk shall cause the text of the proposition to be published In the
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official newspaper and In each edition thereof dUring the day of publicatIon In the manner
required by law
SECTION 3 The ballots to be used at the Special MUnicipal Election shall
be both as to form and matter contained therein such as may be required by law
SECTION 4 The City Clerk IS authOrized, Instructed, and directed to procure
and furnIsh any and all official ballots, notices, printed matter, and all supplies, equipment,
and paraphernalia that may be necessary In order to properly and lawfully conduct the
Special MUnicipal Election
SECTION 5 The polls shall be open at 8 00 a m on Saturday, Apnl 24,
1999 and shall remain open continuously until 7 00 p m of the same day when the polls
shall be closed, except as proVided In Elections Code Section 14401 or by ordinance The
polls shall be open at 10 00 a m on Sunday, Apnl 25, 1999 and shall remain open
contlnously until 7 00 P m of the same day when the polls shall be closed, except as
provided In Elections Code Section 14401 or by ordinance
SECTION 6 The notIce of the time and place of holding of the SpeCial
MUniCipal Election IS hereby given and the City Clerk IS authonzed, Instructed and directed
to give such further or addItional notice of the electron In the time, form and manner
required by law
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SECTION 7 Pursuant to Elections Code Section 12109, the City Clerk IS
authOrized, Instructed and directed to give such notIce of the central counting place In the
time, form and manner required by law
SECTION 8 Pursuant to Elections Code Section 9280, the City Clerk IS
directed to transmit a copy of each measure to be submitted to the voters to the City
Attorney and the City Attorney IS directed to prepare an ImpartIal analYSIS of each measure
shOWing the effect of the measure on the eXIsting law and the operatIon of the measure In
accordance WIth the proVIsions of Elections Code Section 9280 The Impartial analYSIS
shall be filed by the date set by the CIty Clerk for the filing of primary arguments
SECTION 9 In all particulars not reCited In thiS ResolutIon, the SpeCial
MUnicipal Election shall be held and conducted as provided by law for holding thiS and
other mUnicipal elections In the City of Santa Monica
SECTION 10 In accordance With Elections Code Sections 9282 and 9283
the City CounCil authOrizes the follOWing CounCIl members and other persons or
organizations to file written arguments as follows
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ARGUMENT IN FAVOR OF PROPOSITION
Mayor Pam O'Connor
Mayor Pro Tem Ken Genser
Councllmember Robert Holbrook
Council member Paul Rosenstein
Councllmember Michael Feinstein
Councllmember Kevin McKeown
SECTION 11 Wntten arguments, not to exceed 300 words In length, are to
be filed with the City Clerk no later than February 10, 1999 Arguments so submitted may
be changed or withdrawn by the author(s) until and including the date fixed by the City
Clerk after which no arguments for or against the measure may be submitted to the City
Clerk Rebuttal arguments not exceeding 250 words may be submitted by persons for or
against the Measure In accordance with Elections Code SectIon 9285
SECTION 12 The City Clerk shall certify to the adoption of this Resolution,
and thenceforth and thereafter the same shalf be In full force and effect
APPROVED AS TO FORM
~4 A L ''HI
MARSHA JOrf~S MOUTRIE
CIty Attorney -'
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EXHffiIT 1
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PROPOSAL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA
TO BE SUBMITTED TO THE VOTERS OF A PROPOSED
AMENDMENT TO THE CHARTER OF THE CITY OF
SANTA MONICA, CALIFORNIA
SectIOn 1806 of the CIty Charter of the City of Santa MOnIca is amended to read as
follows
1806. Eviction.
No landlord shall take actron to termmate any tenancy mcludmg service
of any notIce to qUIt or other eVlctlOn notIce or bnng any action to recover
possessIOn or be granted recovery of possession of a controlled rental umt
unless:
(a) The tenant has faIled to pay the rent to winch the landlord is entItled
under the rental housmg agreement and thIS ArtIcle.
(b) The tenant has commItted v IolMca at! matenal and substantial
breach of an oblIgatIOn or covenant of his or her tenancy whIch the landlord
has not waived eIther exnresslv or imnhedlv throU2:h the landlord's conduct
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and whlch the landlord IS not estonned from assert1n2:_ other than the
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obhgatIOn to surrender posseSSIOn upon proper notIce~ and the tenant has faIled
to cure such violatIOn after havmg received wntten notice thereof from the
landlord in the manner required by law.
( c) The tenant IS commItting or expressly permIttIng a nuisance in, or
is causmg substantIal damage to, the controlled rental umt, or is creatmg a
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substantial mterference wIth the comfort, safety, or enjoyment of the landlord
or other occupants or neighbors of the same.
(d) The tenant is convicted of using or expressly permitting a
controlled rental unit to be used for any illegal purpose
(e) The tenant, who had a rental housing agreement which had
tenmnated, has refused, after written request or demand by the landlord, to
execute a wntlen extenSIOn or renewal thereof for a further term of like
duratI.on and in such terms as are not inconSIstent WIth or violative of any
provisions of this Article and are materially the same as m the previous
agreement.
Cf) The tenant has refused the landlord reasonable access to the
controlled rental umt for the purposes of makmg necessaty repairs or
improvements required by the laws of the United States, the State ofCalifomia
or any subdIVIsion thereof or for the purpose of showmg the rental housing to
any prospective purchaser or mortgagee.
(g) The tenant holding at the end of the term of the rental housing
agreement is a subtenant not approved by the landlord.
(h) The landlord seeks to recover possession in good faith for use and
occupancy by herself or himself, or her or ills children, parents, grandparents,
brother, SIster, father-m-law, mother-in-law, son-in-law, or daughter-m-law.
For purposes of eVIctIOns under this SubsectI.on:
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(1) A "landlord" shall be defmed as a natural person who has at least
a fifty (50) percent ownership interest in the property
(2) No evictIon may take place if any landlord or enumerated relatIve
already occupIes ODe unit on the property, or if a vacancy already exists OD the
property and the vacant unit is comparable to the urnt for whIch eviction is
sought Where the vacant unit is determined not to be comparable, thereby
pernuttmg eviction under this Subsection, the evicted tenant or tenants shall
be first given the right to occupy the vacant unit and the rent thereof shall be
the lesser of the maximum allowable rent for the vacant unit and the maxrmum
allowable rent of the unit from wInch the tenant or tenants are evicted. The
Rent Control Board shall promulgate regulations defining when a unit is
comparable for purposes of this paragraph.
(3) The notice terminating tenancy shall contain the name, address and
relationship to the landlord of the person intended to occupy.
(4) The landlord or enumerated relative must intend in good faIth to
move mto the urnt WIthIn thIrty (30) days after the tenant vacates and to
occupy the urnt as a primary residence for at least one year The Board may
adopt regulatIons governing the detennmatIon of good faIth.
(5) If the landlord or relative speCified on the notice tenninating
tenancy faIls to occupy the unit withm thirty (30) days after the tenant vacates,
the landlord shall:
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(1) Offer the urnt to the tenant who vacated it.
(n) Pay to said tenant all reasonable expenses incurred m movrng to
and/or from the unit
(6) No eViction pursuant to tlus Subsecnon shall be allowed in any
condomimum or stock cooperanve 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 penmt or declared a vested right for s81d unit As
used in thIs subpart, a unit shall be deemed converted after April 10, 1979, if
on Apnl 10, 1979, the recorded tract map or parcel map for the property
showed the unit as included in the property
(1) The landlord seeks to recover possessIOn to demolIsh or otheIWIse
remove the controlled rental umt from rental residennal housing use after
havmg obtamed all proper penmts from the CIty of Santa MOllica.
Notwithstanding the above proVIsions, posseSSIon shall not be granted
If it IS determmed that the eviction is in retalianon for the tenant reporting
vIOlanons of this Article, for exercismg rights granted under thIs Article,
includmg the nght to WIthhold rent upon authorizanon of the Board under
Sectlon 1803(q) or Section 1809 or for organization other tenants In any
notice purportIng to termmate tenancy the landlord shall state the cause for the
terminatIon, and m any action brought to recover posseSSIOn of a controlled
rental unit, the landlord shall allege and prove compliance With this Sectlon.
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Any violation of this Section shall render the landlord hable to the
tenant m a CIvIl action for actual and punitIve damages The prevailing party
m an actIon based upon tlus SectIon shall recover costs and attorneys fees.
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Adopted and approved this 26th of January, 1999
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am O'Connor, Mayor
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I, Marla M Stewart, City Clerk of the City of Santa MOnica, do hereby certify that
the foregoing Resolution 9364 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 26th of January, 1999 by the follOWing vote
Ayes Councllmembers
Femstem, Genser, Holbrook, McKeown,
O'Connor, Rosenstem
Noes Councllmembers
None
Abstain Councllmembers
None
Absent Councllmembers
None
ATTEST
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Marla M Stewart, City Clerk