R-7173
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CA:RMM:rmd192/ca
City Council MeetIng 3-4-86
Santa Monica, CalifornIa
RESOLUTION NUMBER 7173(CCS)
(City CouncIl SerIes)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA CALLING
AND GIVING NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, JUNE 3, 1986
WHEREAS, a petItion to amend the City Charter has been
submItted to the CIty Clerk In accordance WIth the prOVISions of
Government Code Section 34460; and
WHEREAS,
It has been determIned by the City Clerk that the
petitIon has the requIsIte number of signatures to qualIfy to be
submitted to the voters; and
WHEREAS, Government Code Section 34461 requires that the
proposed amendment to the City Charter be submitted to the voter5
at
the next
regular electIon, WhICh IS scheduled for June 3,
1986; and
WHEREAS, ElectIons Code SectIon 5011 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,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1.
A speCIal muniCipal electIon shall be held 1n
the City of Santa Monica on June 3} 19861 which 15 the election
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ordered
In accordance wIth Government Code SectIon 34461 for the
purpose of submIttIng the proposal to amend the CIty Charter
submItted by petItion.
SECTION 2. 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 3.
The City Clerk
15 authorIzed, Instructed, and
directed to
take such actIon as 15 necessary to properly and
lawfully conduct the SpeCial MunIcipal Election.
SECTION 4. The polls for the SpeCIal MunIcipal ElectIon
shall open at 7:00 a.m. of the day of the election and shall
remain open continuously untIl 8:00 p.m. of the same day when the
polls shall be closed except as prOVided In Elections Code
Section 14301.
SECTION 7. The notIce of the time and place of holdIng of
the SpeCIal MunICipal ElectIon 15 hereby gIven and the CIty Clerk
15 authorIzed,
Instructed and directed to gIve such further or
addItIonal
notIce of the election In the time, form, and manner
reqUired by law.
SECTION 6. At the SpeCial MunICIpal
follOWIng propOSitIon shall be submItted to
electors of the CIty of Santa MonIca:
ElectIon, the
the qualIfied
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PROPOSITION " ". Shall ArtIcle
XVIII of the CIty Charter,
entItled "Rent Control," be
amended by addIng certain new
sectIons and amending certain
eXisting sectlona to permit at the
landlord's option decontrol upon
voluntary vacancy followed by
recontrol If the landlord complies
with the prOVIsions of a program
en tIt 1 e d II Ten ant I n c e n t I va
Program?"
YES
NO
The City Clerk shall cause the text of the prOposItIon, whIch 15
contaIned
In ExhIbIt
1 attached hereto and
Incorporated by
reference, to be mailed to all qualIfied voters WIth the sample
ballot. In addItion to other notIces and publIcations required
by
law, the Cl ty Clerk, not les5
than 40 days and not more than
60 days before the SpeCIal MunICipal
Election, shall cause the
text of
the prOpOSItion to be published once In the offICIal
newspaper
and
In each edItIon thereof durIng the day of
publlc.!ltlon.
SECTION 7.
Pursuant to ElectIons Code Section 5011, the
CIty Clerk 15 directed to transmit a copy of the each measure to
be submItted
to
the voters to the CIty Attorney .!lnd the City
Attorney
IS dIrected
to prepare an
Impartial analYSIS of each
measure
In accordance WIth
the prOVISIons of Electlone Code
Sectlon 5011.
SECTION
8.
In all
particulars not
reCIted
In
thiS
Resolution,
the SpeCial
Munlclpal
Election shall be held and
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conducted as p~ovIded by law for holdIng munICIpal elections In
the CIty of Santa MonIca.
SECTION 9.
The CIty Clerk 15 dIrected to send a copy of
th15 Resolution to the Board of SupervIsors of the County of Los
Angeles and to the RegIstrar of Voters.
SECTION 10.
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:
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ROBERT M. MYERS
CIty Attorney
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Adopted and approved thlS 4th day of March, 1986.
th~~g~
Mayor
I hereby certify that the foregoing Resolution No. 7173(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meetJ.ng the reo f held on March 4, 1986 by the followlng
Councl1 vote:
Ayes: Councllmembers: EpsteJ.n, Jennlngs~ A. Katz, H.
Katz
Noes: Councllmembers: None
Abstaln: Councllmembers: None
Absent: Councllmembers: Conn, Zane and Mayor Reed
ATTEST:
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EXHIBIT 1
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FINDINGS/Tt.'iANT INeEf-rlt VE PROGRAM
WHEREAS, The City of Santa MORJC& facCla c:onunuinc boualaa
shonag: 'Jat wtll not be rtlCUfied unless property owners arc cncour.
:lged to Ir.alntaln, up&l'I.de anc1 add houalnc uniu to the market; and.
WHEREAS. Boer. Tenants and LandJords ~ financiallnccnt1ves
thal wl11 not threaten tenants, but ....111 cncoul1lge an unproYemem In
!he hOl.1s.nJ stoCk and will ptoY1de lusher tax revenue for the City paid
~r by L:mdlords. and,
WHEREAS, The ~n( Contml Law nccd.s to be unprcwod to crx:our-
oI.je constnlC"tlYe and progU:S$l~ SOCial pohc1CI nc:c:essary for the 10111-
umn heaiL.'l. safety and welfare oftbe rcsiac:nts of Santa Monica; and,
WHEREAS. Such a 'Program must also be consislent 'Nuh eJtlstina
proc~durcs m the Sant;t MOnica Rem Control Law such as rh~ lUur-
ancc: of ongoIng Sl.lpc:1"tISIOn of rental umts by the Santa Monica R.c:nt
COlaml Boare!
Tr.ercfore in oraer to efftct I beneJclaJ Improvement 10 the pl.lbhc
health, ulety and \Yclbre the follClW'JnI sections of the Santa Monica
\lty Chance are thus added a."d a.me:nded *
See 2. Section 1801 IS amended by adding a new subsection (0) as
follows'
(0) NEW BASE RE.Nr o::n JNG The ma:wnwn alk>>IbIe trlX1th-
Iy rem.al raae ~or any controlled residential rental Unlt In the
City of S: ntAl Monica may be adjusted pursuant to tM Thnant
Incenuve ho&nun .set forth m ICCUOnl 1804 (d) and 1816-
Sec. 3. Secuon 18;A IS amended by addmJ a new sublo:tion (d) u
follows.
(d) ESTABL1SHMENT OF A NEW BASE RENT CEIUNQ:
Upon a "\bIuntary ~., jJ) An)' conuolled n:s~,..
tal unat a landlord may, In the land1ord'llOlc discmon, Cli-
tabhsh a new baK. rent by puuc:ipanna U1 the Tenant lDcennw:
Program as set forth I" Scalon lBJ4 1M ~rcaftu m be _oJ
JIlSt d in ac:,ordanee With Section 180S.
See 4, 5ccj,:JtI ~816 IS added 10 thIS chapter to ru.d u foUows:
Section 1816, rENANT INCENTIVE PROGRAM
(a) Upon. "\tll1u1W'y~" ID any contrcUec! J'E:f'~.1 ren-
tal UI'lU the: 1~nd1ord may In the: landlord'lsole discretion. ea.
tabhsh a new monr.hly bak. rent c:cihng in a.ceu of the
munnum allowable monthly rent ccU1n& prtWldcd by ~
18()t and 1805 of thIS C"hapcer The new monthly rent ceihnl
shall be the: monthly rent amount ,oltcctcd by the landlord for
salCl Quahfed UUle m question sucscquent to the landlord cjcct.
In, to panlCJpace In the pqram set fonh In du& 1CdIOn.
(b) A Unlt IS ~nssdcred to have a "~lunlat)' Vacanc:y" and co
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be c:oftlideted . "Qualified Unit" under any of the two foJ-
1000lDI conditions:
(I) Where I urut was ~I. owner OCCUpied or noc
othcl"W15C used for U1)' rcsidcnuaf ~W purpoIC on June
I, 1985. and renwns UJ rhat JbI"-,! up ZD the tune the bOO.
lord eJects to partlClpate m the Tenant Incentlvc
Program.
(2) Where the unic wu ","led b) the tenant (or I'USOn:(
other than coercion. as estabhshcd by any unlawful ac.
non laUn by or on behalf of the landlord. Qf' lawful
evlction or repossessIon on behalf oCtile landlord, and
there has been no tenant cvlctlon or repossession from
wd rental unn dunng the previOUS three (3) yean.
(c) A tentntls considered to be a ..Qualtficd Tenani" for the pur-
pose of receIVing the "Tenant Incentive Arn(lW.:" if that ten-
ant relides on the property and has pa1d the lawful rent
demanded by the landlord dunng the past (6) months. If~ ten-
ant has patd rent for fi...e (S) months and IS Within ten 00) days
of the nett rent due dace, helshe IS also. "(bw I tied TemlnL"
(d) The' 'Tenant Incenuvc Amount" shall be QlffereDcc between
the new monthly base rental rate for the ,. Quali ncc:l U rut ., as
- cacabii&bed by the $.ec;uoo.l816{.), .mtnua the. pt'C\ ious mw-
mum allCMO'J rent estlbhsbed I::y Sec:non lB04{b) mcludmg any
adJlUtments prov!~~ by Section 18OS, aDd mwupl1cd by ~d
(10). Tbe previous muwwn al1owl:d real tor IUd "QuaWic:d
Umt" includes adJuaanen1I to the ~ ten. .....li"'! unJcu thole
adjustments arc prchibn:d by the board or. c:oun In raponsc.
to I kDowtn& aod willful violation oftbe Rent c..ontrol Law u
plV/ided at SecbODll803{q). 1805(b) aDClIor ~.
(e) In onk:r cc ~pIli: In &he T.l,,P. ~, ~ landh ,d-must
comply With ach of the roUCJWiltJ provISl014:
1 The: YIa.nt "Quabficd Unrt" must be. rented for the
monthly amOQnC that II collected pursuarn to the 11C'N
wrineft rMWllrcement !or said unit
2. Withtn thirty (30) days after the establishment of a new
base rental rate.. provided in .ubsccuon (I) above. the
laDdJord ,haU dctermJllc the "TclUnt Jncenuve
Amount" and Ihall divide that amounc by the number
d \II\J&S on the propeny where current Q\lalified Ten-
ant('j ra.Jde. nus amount shall be paid by the latldlord
10 the ~ "QuabrJCd renant(.)" 1ft QuabrlCd ~nlr.s.
(*Note. Flnd~ngs do not become part of Clty Charter.}
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3 Within ten days after the thirty day deadhnc SUited at
subsecuon (2) dUl:cUy above, the landlord shall noufy
the Board and the "Qualified Tenants" that t.'tc landlord
has fully complied With the ~ulrements of the Tenant
Incentive Program by hsung the "Quahfied 1e.nant(s)"
and sUIting the "tenant mccnt1ve amounts" pa1d Any
aggneved pany to the detemunat10ns or p..')'ments made
must make their protest W lthm thut)' days of the nouce
of comphance made by the landlord or the1t prcxest shall
be: deemed unume1y. An aggn~ed party may be a te-
nant or former tenant but not the Rent Control Board.
Any daputeS 1nsU18 from the unplementaUon of the Te-
ntnt Incentive Program may be resolved by the Rent
Board by way of a base rent petitIOn wlthm 120 days of
the protest bem! made. or by a court of competent
JunsdlCtlOn
4. In the event thac the landlord docs noC tender the "reo-
ant Incenuve amouuts" to the "Quahfied Tenants" as
prescnbed above, then the "Quahfied Urut" IS deem-
ed "Disqualified" and shall havc Its rent rolled bade to
the prevIous lna'-lmUm allowed rent and the proYlslons
of ttus secuon are YOld and not a defense to an CJU:CSS rent
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complamt tiled In Iccorchlnce With Sccuon 1809 of lh.,
amcnc1ment DUring the pendancy uf any dispute any
rent coUected by the landlord shall nOl be lhe baSIS of
an excess rent penally unless the amounlS are nOl
tendered to any prevailing pany within len days after a
final decISion IS ISSUed that IS adverse to the landlord
(f) Implementatlon orche Tenant Incentive Program by any land-
lord shall be: voluntary and no tenant or pubhc body shall have
the nght to require a landlord to panlclpate
Section S Section 1817
In the event UUll StateWIde leglSlauon 15 enacted after January 1. 1986
whlch provtdes for full vacancy dccontroll~ontrol of rental umts
wlthm the Clcy of Santa MOnica. the prOVIsions of Section 1801(0).
1804(d), 1816, and 1817 shaH be VOid and of no effect Nothwlthstand-
mg any other proviSIOns of The City Charter, paruclpauon an !he Ten-
ane Incentive Program IS a right and noc a revocable pClvdcge [0 be
demed by expandmg. Increasmg, lumtmg, narrowing or revlsmg ItS
scope by the City of Santa MOnica or any of Its agencies where such
action would directly or indirectly cause urots qual1fed under the pro-
gram to be trealed differently than any other controlled rental Units
In !he ell}'" of Santa MOnica "