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R-7173 ~ e . 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 1 e e 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 2 e e ~ 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 3 e e 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: ~~.'-- ROBERT M. MYERS CIty Attorney ~~ 4 . . 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: " ~ '- ~~.~ .. - C i t r c r- er k - - - - . e e EXHIBIT 1 , , e 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 e 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.} . , e 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 e 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 "