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R-9364 . . 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, . . 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 2 . . 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 3 . . 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 4 . . 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 -' 5 . . . EXHffiIT 1 . . . . . 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 ... .. ... .. - and whlch the landlord IS not estonned from assert1n2:_ other than the ...... -~ 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 . . 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: . . (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: . . (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. . . 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. . . Adopted and approved this 26th of January, 1999 t ~~ am O'Connor, Mayor - 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 ~u,~ \ Marla M Stewart, City Clerk