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R-6889 /' ,/" . . CA:R~M:rmelec2l City Council Meeting 7-24-84 Santa Monica, California RESOLUTION NUMBER 6889(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 GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1984 WHEREAS, City Charter Section 1400 provides that a general municipal election shall be held on the first Tuesday following the first Monday of each even-numbered year for the purpose of election of elected officers~ and WHEREAS, under the provisions of the City Charter, four members of the City Council shall be elected for a full term of four years~ and WHEREAS, under the provisions of the City Charter, two members of the Rent Control Board shall be elected for a full term of four years~ and WHEREAS. under the provisions of the City Charter, three members of the Santa Monica-Malibu Unified School District Board of Education shall be elected for a full term of four years~ and WHEREAS, under the provisions of Chapter 366 of the California Statutes of 1982 and resolutions adopted by the Board of Trustees of the Santa Monica Community College District, three members of the Santa Monica Community College 1 . . . District Board of Trustees shall be elected for a full term of four years~ and WHEREAS, a petition for submission to the voters of the the addition of Article XX of the City Charter has been circulated and signed by the requisite number of eligible persons to qualify for the ballot; and WHEREAS, under the provisions of Government Code Section 34461, the City Council is required to submit the proposal without alteration at the General Municipal Election, and the City Council so ordered an election on June 26, 1984~ and WHEREAS, the City council desires to submit, pursuant to Government Code Section 34459, four proposed amendments to the City Charter~ and WHEREAS, Elections Code Section 17050 authorizes the City Council to provide that all ballots cast at the General Municipal Election be counted at a central counting place~ and WHEREAS, the Education Code and the Elections Code authorize the consolidation of the election of members of the Santa Monica-Malibu Unified School District Board of Education and Santa Monica College District Board of Trustees with the General Municipal Election~ 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, 2 . e NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. A general municipal election shall be held in the City of Santa Monica on November 6, 1984, which is the election ordered in accordance with Government Code Section 34461 for the purpose of submitting the proposal to amend the City Charter submitted by petition, required for purposes of electing four members of the City Council, two members of the Rent Control Board, three members of the Santa Monica Unified School District, and three members of the Santa Monica Community College District Board of Trustees, and required to place measures before the voters submitted by the City Council. SECTION 2. The ballots to be used at Municipal Election shall be both as to form contained therein such as may be required by law. SECTION 3. The C~ty Clerk is authorized, instructed, the Regular and matter 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 Regular Municipal Election. SECTION 4. The polls for the Regular 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 1430l. 3 . . SECTION 5. The notice of the time and place of holding of the Regular Municipal Election is hereby given and the City Clerk is 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. Pursuant to Elections Code Section 17050, ballots cast by voters at the Regular Municipal Election shall be counted at a central place. Santa Monica City Hall is designated as the central place to count ballots. Notice of the central counting place is hereby given, and the City Clerk is authorized, instructed and directed to give such further or additional notice of the central counting place in the time, form, and manner required by law. SECTION 7. An election for members of the Santa Monica-Malibu Unified School District Board of Education and the Santa Monica College District Board of Trustees shall be consolidated with the General Municipal Election. Separate ballots shall be provided for those voters who reside outside the City of Santa Monica pursuant to Elections Code Section 23304. SECTION 8. At the Regular Municipal following proposition shall be submitted to electors of the City of Santa Monica: Election, the the qualified 4 . . PROPOSITION Shall the City Charter be amended to add a new and additional Article XX, entitled "The Nuclear Free Santa Monica Charter Amend- ment," establishing certain specified prohibitions on the development, testing, produc- tion, maintenance, storage, transportation, or disposal of nuclear weapons or components or applied nuclear weapons research? 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. In addition to other notices and publications required by law, the City Clerk, not less than 40 days and not more than 60 days before the Regular 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 publication. 5 . . SECTION 9. At the Regular Municipal Election, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION"" Shall Article XVIII of the City Charter, entitled "Rent Control," be amended by adding certain new sections and amending certain existing sections relating to the powers of the Rent Control Board and the protections afforded tenants and landlords? The City Clerk shall cause the text of the proposition, which is contained in Exhibit 2 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 City Clerk, not less than 40 days and not more than 60 days before the Regular 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 pUblication. 6 e e SECTION 10. At the Regular Municipal Election, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION "" Shall the Ci ty Charter be amended by adding Section 1903 to increase the City's expenditure authorization by $4,000,000 for each fiscal year during the four year period ending November 6, 1988, for the purpose of maintaining and providing increased police and other protective services, for improving the safety of streets and neighborhoods, and for encouraging public involvement in the reduction of crime? The City Clerk shall cause the text of the proposition, which is contained in Exhibit 3 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 City Clerk, not less than 40 days and not more than 60 days before the Regular 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 publication. 7 e . SECTION 11. At the Regular Municipal Election, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION 11 Shall the City Charter be amended by adding Section 1904 to increase the City's expenditure limitation by $3,500,000 for each fiscal year during the four year period ending November 6, 1988, for the purpose of capital improvements and outlays for certain specified purposes including parks, street lighting and street maintenance, libraries and police facilities? The City Clerk shall cause the text of the proposition, which is contained in Exhibit 4 attached hereto and incorporated by reference, to be mailed to all qualified voters with the sample ballot. The City Clerk, not less than 40 days and not more than 60 days before the Regular 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 publication. 8 - e SECTION 12. At the Regular Municipal Election, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION Shall Section 2006 of the City Charter be amended to increase the maximum processing fee for Tenant- Participating Conversions from $500 per building to an amount equal to the City's actual cost not to exceed $500 per unit? The City Clerk shall cause the text of the proposition, which is contained in Exhibit 5 attached hereto and incorporated by reference, to be mailed to all qualified voters with the sample ballot. The City Clerk, not less than 40 days and not more than 60 days before the Regular 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 publication. SECTION 13. Pursuant to Elections Code Section SOIl, the City Clerk is directed to transmit a copy of the 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 in accordance with the provisions of Elections Code Section 5011. SECTION 14. In all particulars not recited in this Resolution, the Regular Municipal Election shall be held and 9 e e conducted as provided by law for holding municipal elections in the City of Santa Monica. SECTION 15. The City Clerk is directed to send a copy of this Resolution to the Board of Supervisors of the County of Los Angeles and to the Registrar of Voters. SECTION 16. In the event the Regular Municipal Election is consolidated with the Statewide General Election on the same date, the provisions of this Resolution applicable only in the event the election is conducted by the City shall be of no force or effect. SECTION 17. 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: ~,-,'-o- Robert M. Myers Ci ty Attorney lO . EXHIBIT 1 - . ArtIcIt xx - . NUCLEAR FREE SANTA MONICA CHARTER DMEHT Sittlon 1. Nlm. ThIs Charter Amendment shall be known as "The Nuclear Fru Santa Monica Charter Amendment." Slctlon 2. Purpose The purpose of this Charter Amendment Is to establish Santa Monica as a Nuclear Free City In whiCh work on nuclear weapons and their components Is prohibited. lor reasons of: A SeCUrlty (1) Activity on nuclear weapons within the CIty of Santa Monica Increases the danger 01 nuclear destruction by making Santa MllnlCla priority target 'n the event Of war. (2) The probability Of nuclear war through accident, malfunc- tion. terrorist actMtfrs. conventional war escalation, or IIrst strike aftiek Increases with the proliferation, speed. and accuracy of nuClear weapons. (3) The bUild up 01 nuclear weapons and the preparallon for post-attaCk .JuMval creal. I climate harmful 10 the psychological health of all Santa Monica resklents. Children, especially, are adversely affected by the l>fosoect 01 no fulure. a Morality (1) 6ecause nuclear weapons are designed lor mass destruction, they are Inherently Immoral and violate community and religious standards which place a /'tIgh value on the wellare 01 people and on thl quality of life. (2) Since the Nuremburg principles hold Individuals accountable tor crlmes against humanity, and Since nuclear Wtapons cannot be used without IndiscrimInately killing civilians and violating accepted Intemallonal rules of war, then nuclear weapons are Illegal, and should be prohIbited within the CIty of Santa Manica. e Economy (1) The dllVelopment of nucltar weapons Is InflaUonary because It provides fewer Jobs per .dollar than other fedetal spending and because It does nat contribute goods or services to the economy (2) Public tax dollars spenl on nuclear weapons are not spent meellng health and other human needs. Rather, such expenditures on nuclear weapons Increase the public financial burden by creating greater hazards to public 111l4::~' ~"d sdefy :::urtl1erncre. this Charter Amer.ojment Is co'lslstent with thll dll!lll'8 01 the c:IIlZBns oflhe Clt)' vI Santa Monica tv promote tlla B::aterzl .:....::~2i 'l\':a:o~s F"'Ge::s. If hi.:::'" r!c'~~ ~Jfl"""h4!I"'I~~ ,u.,r.r" in !tie Nou!lmber. 1982. Inltlallve FUm.i,iTo"r&. this Cl1a::,~ Amendmellt!s coIIl1slenl wllh!ha Inlf'lIt of the Santa Monica City Council. which formally rejected Federal Emergency Management Agency funds for crisis relocatlon u a means 01 Civilian delense against nuclear attack. Sect:"n 3. Dellnltlons /!, "'uclear ~apons /!, nUCI!l3r weapon Is any device capable 01 nuclear expJO$lon. B Nuclei. 'Neapons Components A componllllt Jt a nUclear wllllpon Is any device whk:h Is oeslroYld during t~e oellvery of or Ihe eKploslon of . nuclear weapo~ . '. C. ~plloc! Nuclear Weapons Research Applied nuclear weapons research II research with the explicit goal or tilt dMlaptnant of or thI un of nuclear Wllpons or thllr eompantntl. SICtIoII 4. PnmIbItlGll or NucIat Wapant Wart A. Present \\btfc No person, corporation, educational tacJllty, laboratory, Insll- tutlon, or otII8r entity .hIll, wIt/'lln the City of Sanll Monlcl. knowingly or /tlttlttlona/ly Pgag. in tilt following ac:tlvfties: development. testing, ptllductlon, maintenance, storage. transportatton, or dllpouJ of nucJur weapon, or components. or ~Itd nUCltar weapon. rllWClI. 8. PrevIously ElCIstInq \\tlr/c All &ctlvltl8I prohibited by this Charter Amendment whlcll IXIsled bllort the Amendment', tflectlve elat., slllll be brougllt Into conformity with Ihls Atnandmtnlwfthln two years from the tt11Ct1Yt date. IICIolIIf. Ert:IaIollI ThIs Chartar Amenclmtnt does not prohibit or regulate the Il58aTcn and appp.catkln of nuclear medlclnl. of fissionable mater!!', or of other. applications which do no! worlc toward the developtl\lnt. d~"t. or use or nuclear wtapOI'Is. _ Nothing In this Charter Amendment shall be Int.rpreled to prohibit . the txlrcJse of rlghlS guaranl8ed under lhe First Amendm&nl of Ihl Constltullon of the United Scales. Including Ihe pUblication for the benefit 01 the public or for the scientlfk: community 01 the results 01 pure research In mathematics. physles. or any other sclentlllc endeavor. Idan I. EnfareIment TIlt prohlblUons /tl t/'tls Charter Amendmtnt apply to corporations, partnerships, and natural persons. . 'Each oIfIc.r and member 01 the Board of Directors of any corporation vIoIaUng this Charter Amendment shall be held CI'imlllllly llablt under this s.ctJon It the aid offlc!r or OIrectar knowingly or Intentionally participated In or contributed to the prohibited actMty. Each Violation 01 this Charter Amendmenl snail be punlshablll by six morrths imprisonment and I or $500 fine. /I thIs violation Is a contlnuM violatIOn over a period 01 time, each day 01 prohlbltlld activity sl'.al1 cor~tuIe a "para1! uiOIatl'lll. Any natural jl(If$On. corporation, or tne ell'/ vI Santa MOrli~ rq 11"0 UJ thl. ChIi1df A.Tlelldment b)I ~proplJt2 eM' adJ"., 'Dr ;.s:R{afCf 1 ;;,.~ Ir.!li,~~~.c} n:~:. I'a:"~na~~: a:t~~'f ~etj~ ,~~ :~st~ sllaU bl awaraed to I prevalling party. It all er part at this Cllartllr Amendmenlls :,old by a CCXltt 01 law to be Inconslslent with Illy part of the Santa Monica City C:.arter, this Charter A/lIIndment or portia" thereof Shall prevail over the InconSlslenllWt 0I1lle CIty Charter. aectlon 7. lImralllllly " any po.1lon of Ihls Charter Amendment Is hereafter declared Invand, .all remaining portions shall remain in full lo'ree and effec!. lIIcI to this extent. tllll prlllliSlons 01 tilts Charter Amendment are teY8l'abl8. SlctIon e. EIfICtlYt 0", ThIs Charter AmtmIment shall lake ,ftect Ill! December 31. 198' . EXHIBIT 2 . . . TEXT OF PROPOSED CHARTER AMENDMENT. SECTION 1. read as follows: Section l800 of the City Charter is amended to Sect~on 1800. Statement of Purpose. A growing shortage of housing un~ts resulting in a low vacancy rate and rap~dly rising rents exploiting th~s shortage constitute a serious housing problem affecting the lives of a substantial portion of those Santa Monica residents who reside in residential housing. In ad- dition, speculation ~n the purchase and sale of exist~ng residen- t~al housing un~ts results in further rent ~ncreases. These con- d~ t~ons endanger the public health and wel fare of Santa Monica tenants, espec~ally the poor, m~nor~t~es, students, young fam~l~es, and senior citizens. The purpose of this Article, therefore, is to allev~ate the hardship caused by this serious hous~ng shortage by establish~ng a Rent Control Board empowered to regulate rentals ~n the City of Santa Monica so that rents w~ll not be ~ncreased unreasonably and so that landlords will rece~ve no more than a fa~r return. In order to accomplish this purpose, this Article provides for an elected Rent Control Board to ensure that rents are at a fa~r level by requiring landlords to Justify any rents in excess of the rents ~n effect one year prior to the adopt~on of this Article. Tenants may seek rent reduct~ons from the rent in ef- fect one year prior to the adopt~on of th~s Art~cle by establish- ~ng that those rents are excessive. In addition to giving tenants an opportunity to contest any rent increase, this Article attempts to provide reasonable protect~on to tenants by controll- ing removal of controlled rental units from the hous~ng market and by requiring Just cause for any ev~ct~on from a cont_rolled rental unit. Through this Article, the C~ty exerc~ses ~ts pol~ce power in order to address the serious hous~ng problem recogn~zed in the original enactment of this Rent Control Law 1n 1979 and still ex- ~st~ng in 1984. The 1984 Amendment to the Rent Control Law ~s ~ntended to clarify the law and ensure that the Rent Control Board possesses adequate and ~ndependent authority to carry out i ts dut~es. It is ~ntended to ensure due proces s of law for landlords and tenants, effect~ve remedies for v~olat~on of the law, and cons~stency with constitutional requirements. It is also ~ntended to enable the Board to prov~de re11ef to persons fac~ng part1cular hardship and to protect and increase the supply of affordable hous~ng ~n the City. Termination or erosion of the protections of this Article would have serious disrupt~ve con- sequences for persons in need of protection and the supply of af- fordable housing ~n the C~ty. 1 . e SECTION 2. read as follows: Sect Lon 1801 of the City Charter LS amended to Sectlon 1801. DefLnit~ons. The following words or phrases as used ~n thLs Art~cle shall have the following mean~ngs: (a) Board: The term "Board" refers to the elected Rent Control Board establ~shed by this Article. (b) Comm~ssioners: The members of the Board and Interim Board are denominated CommissLoners. (c) Controlled Rental Unlts: All residential rental units in the City' of Santa Monica, ~nclud~ng mobile homes, and mobile home spaces, and traLlers and traLler spaces, except single fami- ly homes to the extent provided for in section 1815 and those uni ts found by the Board to be exempt under one or more of the following provisLons: (1) Rental units in hotels, motels, inns, tourist homes and roomLng and boardLng houses whiCh are rented primarily to transient guests for a perLod of less than fourteen (14) days. (2) Rental unLts Ln any hospital, convent, monas- tery, extended medLcal care facility, asylum, non-profit home for the aged, or dormLtory owned and operated by an institution of higher education. (3) Rental units which a government un~t, agency or authorL ty owns, operates, manages, or in which governmentally subsidized tenants reside only ~f applicable Federal or State law or admlnlstratlve regulatlon specially exempt such unlts from mun~cipal rent control. (4) Rental units ln owner-occupied dwelllngs wlth no more than three (3) unLts. For purposes of this sectlon: (1) The term "owner" means a natural person who owns a fifty (50) percent ownership Lnterest in the buildlng and resides on the property as hLS or her principal place of resldence. (~i) An exemptlon under this section shall ex- plre by operation of law when the owner ceases to reside on the property as h~s or her principal place of residence~ thereafter, all units on the property shall be subJect to all provisions of th~s Article. (5) Rental units and dwelllngs constructed after the adopt Lon of thLS Artlcle~ thlS exemption does not apply to units created as a result of converSlon as opposed to new construction. (6) Where a un~t lS actually used for purposes of provLd~ng, on a non-profit basls, ch~ld care or other residential 2 . . social services in accordance with appl1cable laws. This exemption shall expire when the use upon which exemption is based ceases. This exemption shall only apply to units as they become vacant and shall only operate to allow the specified use without the necessity of obta1ning a removal permit under this Article. This exemption shall not be construed to authorize the eviction of any tenant nor to authorize the charging of rent in excess of that permitted under th1s Art~cle. The Board may adopt regula- tions to determine whether a un1t qua11fies for an exemption un- der th1s sect10n. (7) Exempt~ons are not automatic but shall be grant- ed by the Board upon application by the owner pursuant to Board rules, prov1ded that 1f the Board does not act upon a completed applicat~on for exempt10n w~ th1n ninety (90) days of i ts f~ling it shall be deemed approved. (d) ~ous1ns Service: Hous~ng services 1nclude, but are not limited to repa1rs, maintenance, pa1nt1ng, providing light, hot and cold water, elevator serv1ce, w~ndow shades and screens, storage, k~tchen, bath and laundry fac~lities and privileges, jan~ tor serv~ces, refuse removal, furn~sh~ngs, telephone, park- ing, and any other benefit, pr1vilege or facility connected with the use or occupancy of any rental unit. Services to a rental un~t shall include a proportionate part of serV1ces provided to cornman fac~l1ties of the building in which the rental unit is contained. (e) Landlord: An owner, lessor, sublessor or any other person entitled to receive rent for the use and occupancy of any rental unit, or an agent, representative or successor of any of the foregoing. (f) Rent: All per~odic payments and all nonmonetary con- sideration including but not l1m1ted to, the fair market value of goods or services rendered to or for the benefit of the landlord under an agreement concerning the use or occupancy of a rental un1t and premises 1nclud1ng all payment and cons1deration demanded or paid for park~ng, pets, furniture, sublett~ng and secur~ty deposits for damages and clean1ng. (g) Rental Housins Asreement: An agreement, oral, written or 1mp11ed, between a landlord and tenant for use or occupancy of a rental unit and for hous~ng services. (h) Rental Un~ts: Any building, structure, or part there- of, or land appurtenant thereto, or any other rental property rented or offered for rent for l1v1ng or dwell~ng house units, together with all housing serV1ces connected with use or occupan- cy of such property such as common areas and recreational fac111t~es held out for use by the tenant. (i) Tenant: A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental housing agree- ment to the use or occupancy of any rental un~t. 3 . - (J) Recogn~zed Tenant Or9an~zation: Any group of tenants residing in controlled rental un1ts in the same building or 1n d1fferent bU11d~ngs operated by the same management company, agent or landlord, who requests to be so des~gnated. (k) Rent Ce111ng: Rent ce11~ng refers to the l~m1t on the maximum allowable rent wh~ch a landlord may charge on any con- trolled rental unit. (1) ~ase Rent Ce~lin9: tabl~shed ~n Sect10n IB04(b). The max1mum allowable rent es- (m) Property: All rental un~ts on a parcel or lot or con- t1guous parcels or contiguous lots under cornman ownership. (n) ~ingle Family Home: A property that has been developed with only one one-family dwelling and any lawful accessory struc- tures, or a lawfully created condominium, stock cooperative or sim~lar un~t that is part of a larger resident~al structure or complex, except~ng those condominiums, stock coope rat~ves, or s~milar units converted after April 10, 1979 for which no removal permit_ or vested right determinat~on has been issued by the Board, and those created pursuant to Article XX of this Charter. SECTION 3. read as follows: Section 1802 of the C~ty Charter LS amended to Section l802. Integr~ty and Autonomy of Board. The Rent Control Board shall be an 1ntegral part of the government of the City, but shall exercise its powers and duties under thLs Article independent of and without ~nterference from the City CounCL 1, City Manager, and City Attorney. With respect to the ~nternal organ~zat~on and affa1rs of the Board: (a) Budget. The Board shall, pr~or to July 1 of each year, hold a public hearing on a proposed budget and adopt an an- nual budget for the ensu~ng fiscal year. At least thirty-five days pr~or to the beginn~ng of each fiscal year, the Board's ad- ministrator shall submit to the Board the proposed budget as prepared by h~m or her. After reviewing the same and making such reV~S1ons as ~t may deem advisable, the Board shall determ~ne the t~me for the holding of a public hearing thereon and shall cause to be publ~shed a not~ce thereof not less than ten days prior to said hear~ng, by at least one insertion in the official newspaper. Copies of the proposed budget shall be available for inspection by the publLc ~n the office of the Board at least ten days prLor to said hearing. The C~ty Council and the City Manager shall have no authority to oversee, supervise, or approve this budget. Upon final adopt~on, the budget shall be in effect for the ensuing fiscal year and the amounts stated therein shall be and become appropriated by the Board for the respective ob- jects and purposes there~n specified. At any meeting after the adoptLon of the budget the Board may amend or supplement the budget by the affirmative votes of at least three members. Copies of the adopted budget and any amendments or supplements shall be filed w1th the City Clerk, City Controller, and City 4 . . Manager. Necessary adjustments to C~ty administrative procedures shall be made. (b) Personnel. Except for the elected or appointed Commissioners, the Admlnistrator, and attorneys employed to represent or advise the Board, all employees of the Board are wlthin the class~f~ed civil service of the City. The Board shall appo~nt an Administrator to administer and supervise the exercise of ~ts powers and duties who shall be directly responslble to the Board. All employees of the Board, except the Administrator and attorneys, shall be hired, terminated, suspended, and demoted in accordance with the provislons of Article XI of the Charter and implementing provis~ons of the Munlc~pal Code. The Board shall class~fy employee positions, establlsh employee salaries and benefi ts, eval ua te the pe rformance of its employees, and be respons~ble for the layoff and recall of its employees, pursuant to regulat~ons and procedures that it establishes. The Board may enter into and approve a Memorandum of Understanding with representatives of ~ts employees concern~ng their wages, benefits, hours of work, and terms and condlt~ons of employment ~n accordance wlth state law. The City Council shall have no power to abollsh pos~tlons established or classifled by the Board under this Artlcle, notwithstand~ng any other section of this Charter. PrOVl.S10nS of the Municipal Code and other ordinances or resolutions of the City Council shall not limlt the Board 's power to adopt regulations and policies and to approve Memorandums of Understanding governlng ltS relationshlp with its employees under this Section. (c) Board Legal Work. Legal staff hlred by the Board shall represent and advl.se the Board, its Commissloners, and its staff ~n any civil matters, actions, or proceedings in which the Board, its Commissioners, or its staff, l.n or by reason of the~r official capacity, are concerned or are a party. The Board may, in lts sole discretlon, and w~thout approval of the City Council, retain private attorneys to furnish legal advice or representa- tion in partlcular matters, actions or proceed~ngs. (d) Contracts and Purchases. The Board shall comply with the prov~sions of the Cit.y Charter providing for a centrall.zed purchasing system and competitive b~dding, and shall procure goods and services as do other City agencies. Provided, however, that the Board shall have sole and final authorl.ty to employ at- torneys, legislative lobbyists, and other professionals, and to approve contracts for such professional services. (e) Conformin~ Re~ulations. If any portion of th~s Artlcle lS declared ~nvalid or unenforceable by decision of a court of competent Jurisdiction or rendered invalid or unenforce- able by state or federal leg~slat~on, the Board and not the City Councll shall have authority to enact replacement regulations consistent w~th the ~ntent and purpose of the lnvalidated provi- sion and applicable law. Such replacement regulations shall su- percede lnvalidated or unenforceable provislons of thlS Artlcle to the extent neces sary to resolve any inconslstency. The 5 . e subJect matter of such replacement regulations shall be lim~ted to rent control matters as enumerated in this Article. SECTION 4. read as follows: Sect~on 1803 of the C~ty Charter is amended to Sect~on 1803. Permanent Rent Control Board. (a) Composit~on: There shall be ~n the C~ty of Santa Mon~ca a Rent Control Board. The Board shall consist of five elected Comm~ss~oners. The Board shall elect annually as chair- person, one of its members to serve in that capac~ty. (b) El~g~b~lity: Duly qualified electors of the City of Santa Mon~ca are eligible to serve as Cornmiss~oners of the Board. (c) Full Disclosure of Hold~n9s: Cand~dates for the posi- tion of Comm1ss~oner shall submit a ver~f~ed statement listing all of their 1nterests and dealings in real property, ~ncluding but not limited to ~ts ownership, sale or management, during the previous three (3) years. (d) Elect~on of Comm~ss~oners: Commissioners shall be elected at general municipal elections in the same manner as set forth in Article XIV of the Santa Mon~ca Charter, except that the f~rst Commiss~oners shall be elected at a special municipal elec- t~on held within ninety (90) days of the adopt~on of this Art~cle. The elected Corrnn1ssioners shall take office on the f~rst Tuesday follow1ng their election. (e) Term of Office: Cornmiss1oners shall be elected to serve terms of four years, beg~nning on the first Tuesday follow- ing the~r elect~on, except that of the first f~ ve Conunissioners elected in accordance w1th Section l803(d), the two Comm~ssioners receiving the most votes shall serve until Apr~l 15, 1985 and the remain~ng three Comm1ss~oners shall serve until April l8, 1983. Comm~SS10ners shall serve a maX1mum of two full terms. (f) Powers and Duties: The Board shall have the follow~ng powers and dut1es: (1) Set the rent ceilings for all controlled rental units. (2) Requ~re registration of all controlled rental units under Sect~on l803(q). (3) Establ~sh a base rent ceiling on rents under Section 1804 (b). (4) To make adjustments in the rent ceiling in ac- cordance w~th Section 1805. 6 . . (5) Set rents at fa~r and equitable levels ~n order to ach~eve the ~ntent of th~s Art~cle. (6) Hire and pay necessary staff, ~nclud~ng hear~ng examiners and personnel to ~ssue orders, rules and regulations, conduct hearings and charge fees as set forth below. (7) Make such studies, surveys and investigat~ons, conduct such hearings, and obtain such information as is neces- sary to carry out ~ts powers and duties. (8) Report annually to the City Council of the City of Santa Monica on the status of controlled rental housing. (9) Remove rent controls under Sect~on l803{r). (10) Issue permits for removal of controlled rental units from rental housing market under Section l803{t). (11) Administer oaths and aff~rmations and subpoena w~tnesses. (12) Establish rules and regulat~ons for deducting penalties and settl~ng c~v~l cla~ms under Sect~on l809. (13) Refer violations of th~s Art~cle to appropr~ate author~ties for cr~m~nal prosecut~on. (14) Seek inJunctive and other c~v~l rel~ef under Section 1811. (15) Charge and collect reg~stration fees, including penalties for late payments. (g) Rules and Re~ulations: The Board shall issue and fol- low such rules and regulations, including those which are con- ta~ned ~n this Article, as will further the purposes of the Art~cle. The Board shall publicize its rules and regulations prior to promulgat.ion in at least one newspaper of general cir- culat~on ~n the City of Santa Monica. The Board shall hold at least one (1) publ~c hear~ng to cons~der the views of interested part~es prior to the adopt~on of general adJustments of the deci- SJ..on to decontrol or re~mpose control for any class of rental units under Sect~on l803(r). All rules and regUlations, internal staff memoranda, and wr~tten correspondence explaining the deci- S1.ons, orders, and polic~es of the Board shall be kept in the Board I s off~ce and shall be available to the publ1.c for inspec- tion and copying. The Board shall publ~cize this Art~cle so that all re5~dents of Santa Mon1.ca will have the opportun~ty to become ~nformed about the1.r legal rights and dut~es under Rent Control ~n Santa Mon~ca. The Board shall prepare a brochure which fully descr1.bes the legal rights and dut~es of landlords and tenants under Rent Control ~n Santa Monica. The brochure w111 be ava~lable to the public, and each tenant of a controlled rental 7 . - unit shall receive a copy of the brochure from his or her 1 and lord. (h) Meet~n~s: The Board shall hold such regularly scheduled meetings as are necessary to ensure the timely perfor- mance of lts dut~es under th~s Article. All regular and special meetings shall be called and conducted in accordance w~th state law. (i) Quorum: Three Commissioners shall constitute a quorum for the Board. (J) Votlng: The affirmative vote of the Board 1S required for a decision, regulatlons, and orders of the Board. of three commissioners 1ncluding all mot1ons, (k) Compensation: Each Commiss~oner shall receive for every meetlng attended seventy-five dollars ($75.00), but ln no event shall any Commissioner receive ln any twelve month per10d more than forty-seven hundred and fifty dollars ($4,750) for ser- v~ces rendered. (l) Dockets: The Board shall maintain and keep 1n ~ts of- f~ce all hearing dockets. (m) Vacancies; If a vacancy shall occur on the Board, the Board shall within th~rty (30) days appoint a qualified person to fill such a vacancy until the follow1ng mun~c1pal elect~on when a qualified person shall be elected to serve for the remainder of the term. (n) Financ~n9: The Board shall f~nance its reasonable and necessary expenses by charging landlords annual registratlon fees in amounts deemed reasonable by the Board. The Board may direct that all or part of such fees may be passed through from landlords to tenants and may establish applicable conditions and procedures. The Board ~s also empowered to request and receive fund~ng when and ~f necessary from any available source for ~ts reasonable and necessary expenses. (0) Recall: Commissioners may be recalled in accordance with the provisions of Article XIV of the Santa Monica Charter. (p) Staff: The Board shall employ and pay such staff, in- clud~ng hearing examlners and inspectors, as may be necessary to perform lts function eff~c~ently ln order to fulfill the purpose of this Article. (q) Reg~stration; Within s~xty (60) days after the adop tion of th1S Art1cle, the Board shall require the registration of all controlled rental units, wh~ch shall be re-registered at times deemed approprlate by the Board. The initial reg~stration shall include the rent in effect at the time on the date of the adoption of th~s Article, base rent ceiling, the address of the 8 . . rental un~t, the name and address of the landlord, the houslng services provided to the unit, a statement indicating all operating cost lncreases since the base rent ceiling date, and any other informat~on deemed relevant by the Board. The Board shall requ~re the landlord to report vacancies in the controlled rental units and shall make a list of vacant controlled rental un~ts avallable to the publlC. If the Board, after the landlord has proper notice and after a hearing, determines that a landlord has wilfully and knowlngly failed to register a controlled rental un~t, the Board may authorlze the tenant of such a non-registered controlled rental unit to wlthhold all or a portlon of the rent for the unit until such time as the rental unit is properly registered. After a rental unit ~s properly registered, the Board shall determlne what portion, if any, of the wlthheld rent lS owed to the landlord for the period in which the rental unit was not properly registered. Whether or not the Board allows such withholding, no landlord who has failed to register properly shall at any t1me ~ncrease rents for a controlled rental unit un- t~l such units are properly registered. (r) Decontrol: If the average annual vacancy rate ~n any category, classificat1on, or area of controlled rental units ex- ceeds five (5) percent, the Board 1S empowered, at its d1scretion and ln order to achleve the ObJectives of this Article, to remove rent controls from such category, claSS1f1catlon or area. The Board may determ~ne such categorles, classlfications, or areas for purposes of decontrol cons~stent w~th the objectives of thlS Article. In determln1llg the vacancy rate for any category, clas- sificat~on or area of controlled rental un~ts, the Board shall conslder all avallable data and shall conduct its own survey. If unlts are decontrolled pursuant to this subsection, controls shall be re~mposed 1f the Board flnds that the average annual vacancy rate has thereafter fallen below f~ve (5) percent for such category, classlflcation or area. (s) Securlty Deposits: Any payment or deposit of money the primary functlon of which is to secure the performance of a rental agreement or any part of such agreement, including an ad- vance payment of rent, shall be placed ~n an interest bearing ac- count at a federally ~nsured f~nanclal institution until such tlme as ~t ~s returned to the tenant or entitled to be used by the landlord. Unless and until the Board enacts regulations d~rect~ng that the ~nterest on such accounts be pa~d dlrectly to the tenant, the landlord may e~ther pay such ~nterest directly to the tenant or use lt to offset operatlng expenses, in which case the offset shall be a factor in making individual rent adjust- ments under Sect~on laOS. The Board may regulate the amount and use of securlty deposlts consistent w~th the purposes of this Artlcle and state law. (t) Removal of Controlled Unlt From Rental Housins Market: (l) Any landlord who desires to remove a controlled rental un~t from the rental housing market by demol~tion, 9 e . conversion or other means is required to obtain a permit from the Board prior to such removal from the rental housing market in accordance with rules and regulations promulgated by the Board. In order to approve such a permit, the Board is required to find that the landlord cannot make a fair return by retain~ng the con- trolled rental unit. (2) Notwithstand~ng the foregoing provisions of this subsect~on, the Board may approve such a permit: (i) If the Board f~nds that rental un~t ~s uninhabitable and ~s ~ncapable habitable ~n an econom~cally feasible manner, or the controlled of being made (ii) If the permit ~s be~ng sought so that the property may be developed w~th multifamily dwell~ng units and the permit appl~cant agrees as a condition of approval, that the un~ts w~ll not be exempt from the prov~sions of this Art~cle pur- suant to Section 180l (c) and that at least f~fteen (IS) percent of the controlled rental un~ts to be built on the site will be at rents affordable by persons of low ~ncome. (3) The Housing Element of the General Plan of the City of Santa Monica shall at all times contain a provision that neither the City Council nor any City agency shall approve an ap- plicat~on for tentat~ve subdivision map or tentative parcel map for a converted unit until and unless the applicant f~rst obtains a removal perrn1.t as required by this Sect1.on. Th~s subsect1.on shall not apply to any tentative subdivision map or tentative parcel map approved ~n accordance with Article XX relating to tenant ownersh~p rights. (4) The Board shall render its final decision with~n one hundred and twenty (120) days of the filing of a completed application under th~s section. SECTION 5. read as follows: Section 1805 of the C~ty Charter 1.S amended to Section 1805. Ind~v~dual and General Adjustment of Ceilin~s on Allowable Rents. (a) General AdJustment: The Board may, after holding those public hearings prescribed by Section 1803 (g), set and adjust upward or downward the rent ce1.11.ng for all controlled rental uni ts in general and/or for part~cular categories of controlled rental un~ts deemed appropriat.e by the Board. Such an adjust- ment, however, need not take effect unmediately, and the Board may decide that new rent ce1.1~ngs shall not take effect until some reasonable date after the above-stated t~me periods. (b) Annual General Adjustment: Each year the Board shall generally adjust rents as follows: 10 . . (1) Adjust rents upward by grant~ng landlords a ut~l~ty and tax ~ncrease adJustment for actual increases ~n the City of Santa Mon~ca for taxes and utilities. (2) AdJust rents upward by granting landlords a rna~ntenance increase adJustment for actual ~ncreases in the City of Santa Mon~ca for ma~ntenance expenses. (3) AdJust rents downward by requir~ng landlords to decrease rents for any actual decreases in the City of Santa Mon~ca for taxes. In adJust~ng rents under this subsection, the Board shall adopt a formula of general applicat~on. (c) Pet~t~ons: Upon rece~pt of a petition by a landlord and/or a tenant, the maximum rent of ind~vidual controlled rental unl.ts may be adJusted upward or downward in accordance with the procedures set forth elsewhere in this Sect~on. The pet~ tion shall be on the form provided by the Board and shall include a declaration by the landlord that the unit meets all requirements of Sect~on 1805(h). Notwl.thstandl.ng any other provision of this Sect~on, the Board or hearlng examiner may refuse to hold a hear- ing and/or grant a rent adJustment If an individual hearing has been held and decision made with regard to maximum rent within the prev~ous s~x months. (d) Hearlng Procedure: The Board shall enact rules and regulat~ons governing hearings and appeals of individual adJust- ment of ce~l~ngs on allowable rents which shall include the follow~ng: (1) Hearl.ng Examl.ner: A hearing examiner appointed by the Board shall conduct a hearing to act upon the petit~on for individual adjustment of cel.lings on allowable rents and shall have the power to administer oaths and affirmations. (2) Not~ce: The Board shall notify the landlord if the pet~t~on was filed by the tenant, or the tenant, if the peti- tl.on was filed by the landlord, of the receipt of such a petition and a copy thereof. (3) T~me notify all partl.es, hearing. of Hearl.ng: The hearing officer shall as to the time, date and place of the (4) Records: The hear~ng examiner may require elther party to a rent adjustment hearlng to provide it with any books, records and papers deemed pertinent ~n addition to that informatl.on contal.ned in registration statements. The hearing examiner shall conduct a current buildl.ng lnspection and/or request the City to conduct a current building inspection ~f the hearing examiner fl.nds good cause to believe the Board's current information does not reflect the current condition of the 11 . . controlled rental unit. The tenant may request the hearing examiner to order such an inspection prior to the date of the hearing. All documents required under this Section shall be made ava~lable to the part~es ~nvolved prior to the hearing at the of- fice of the Board. In cases where information filed in a pet~- t~on for rent ceiling adjustment or in additional submissions f ~led at the request of the hearing examiner ~s ~nadequa te or false, no action shall be taken on said petition until the def~ciency is remedied. (5) Open Hear~n9s: All rent ceiling adJustment hear~ngs shall be open to the publ~c. (6) RiSht of Assistance: All part~es to a hear~ng may have ass~stance in presenting evidence and developing theJ.r pos~tl.on from attorneys, legal workers, recognized tenant or- ganizat~on representat~ves or any other persons des~gnated by said part~es. (7) Hear~ns Record: The Board shall make avail- able for ~nspect~on and copying by any person an official record which shall const~tute the exclusive record for decision on the ~ssues at the hearing. The record of the hear~ng, or any part of one, shall be obtainable for the cost of copy~ng. The record of the hear~ng shall include: all exh~bi ts, papers and documents required to be filed or accepted into evidence during the proceed~ngs ~ a list of participants present ~ a summary of all testimony accepted ~n the proceed~ngs~ a statement of all materials off~c~ally not~ced~ all recommended decisions ~ orders and/or rulings~ all fl.nal dec~s~ons, orders and/or rulings, and the reasons for each f~nal decis~on, order and/or ruling. Any party may have the proceeding tape recorded or otherwise transcribed at h~s or own expense. (8) Quantum of Proof and Notice of Decision: No in- d~v~dual adjustment shall be granted unless supported by the preponderance of the evidence subm~tted at the hearing. All par- ties to a hear~ng shall be sent a notice of the decision and a copy of the fl.ndings of fact and law upon whl.ch sal.d decl.sl.on l.S based. At the same time, part~es to the proceeding shall also be notl.f~ed of thel.r right to any appeal allowed by the Board and/or to Jud~cial review of the dec~s~on pursuant to this Section and Sect~on 1808 of th~s Article. (9) Consol~dat~on: All landlord petitions per- ta~nl.ng to tenants ~n the same building will be consolidated for hearl.ng, and all peti tl.ons f~led by tenants occupy~ng the same bu~ld~ng shall be consoll.dated for hearing unles s there ~s a showing of good cause not to consol~date such petl.t~ons. (10) Appeal: Any person aggrieved by the dec~sion of the hearing exam~ner may appeal to the Board. On appeal, the Board shall affl.rm, reverse or modify the decision of the hearing examiner. The Board may conduct a de novo hearing or may act on 12 . e the basis of the record be fore the hearing examiner without hold~ng a hearing. (ll) ~inal~ty of Decision: The dec1s~on of the hearing examiner shall be the final decision of the Board in the event of no appeal to the Board. The decision of the hearing exam1.ner shall not be stayed pending appeal; however, 1n the event that the Board on appeal reverses or rnod~fies the dec~slon of the hearing examiner, the landlord, in the case of an upward adjustment in rent, or the tenant, ln the case of a downward ad- Justment of rent, shall be ordered to make retroactive payments to restore the part~es to the position they would have occupied had the hearing exam1.ner's decision been the same as that of the Board. (12) T~me for Dec1sion: The rules and regulations adopted by the Board shall provide for final action on any in- dividual rent adJustment petltion within one-hundred and twenty (l20) days, followlng the date of filing of the individual rent adJustment petition. (13) Board Action in Lieu of Reference to Hearing Examiner: The Board, on ~ts own motion or on the request of any landlord or tenant, may hold a hearing on an individual petition for rent adJustment without the petition f1rst being heard by a hearing exam~ner. (14) Dec~sions decreasing rents shall rema1.n in ef- fect until the Board finds that the landlord has corrected the defect warranting the decrease. The Board shall, by regulation, establish procedures for rnak1ng prompt comp11ance determinations. Upon a determination of compl1.ance the landlord shall be entitled to re~nstatement of the prior rent level, retroactive to the date that t.he landlord corrected the defect which warranted the decrease. (e) In making ~nd~vidual and general adJustments of the rent ceiling, the Board shall consider the purposes of this Article and the requirements of law. The Board may adopt as its fa~r return standard any lawful formula, ~ncluding but not limited to one based on l.nvestment or net operat1ng income. The Board shall cons~der all factors relevant to the formula it employs ~ such factors may ~nclude: increases or decreases in operat~ng and maintenance expenses, the extent of utilit~es paid by the landlord, necessary and reasonable capital improvement of the controlled rental unit as dist~ngulshed from normal repair, replacement and maintenance, increases or decreases in living space, furniture, furnishings, equipment, or services, substan- tlal deteriorat~on of the controlled rental unit other than as a result of ord~nary wear and tear, failure on the part of the landlord to prov~de adequate hous1ng services or to comply sub- stantially W1.th applicable hous ing, health and safety codes, federal and state lncome tax benefits, the speculative nature of the investment, whether or not the property was acquired or is 13 . . held as a long term or short term investment, the landlord's rate of return on ~nvestment, the landlord's current and base date Net Operat~ng Income, and any other factor deemed relevant by the Board ~n providing the landlord a fa1r return. (f) No rent ~ncrease shall be author1zed by th~s Art~cle because a landlord has a negat-~ve cash flow as the result. of refinanc~ng the controlled rental unit ~f at the time the landlord refinanced the landlord could reasonably have foreseen a negat~ve cash flow based on the rent schedule then ~n existence w~th~n the one year period following refinancing. This paragraph shall only apply to that portlon of the negative cash flow reasonably foreseeable wi thin the one year period following refinancing of the controlled rental unit and shall only apply to controlled rental units refinanced after the date of adoption of this Art~cle. (g) No rent increase shall be author~zed by this Article because a landlord has a negative cash flow ~f at the time the landlord acqu~red the controlled rental unit, the landlord could reasonably have foreseen a negat~ve cash flow based on the rent schedule then in ex~stence within the one year per~od following acquis~tion. This paragraph shall only apply to that portion of the negative cash flow reasonably foreseeable w~th~n the one year period follow~ng acquisltlon of a controlled rental unit and shall only apply to controlled rental units acquired after the date of adopt~on of th~s Article. (h) No landlord shall lncrease rent under this Article ~f the la nd lord: (1) Has failed to comply with any provision of this Article and/or regulat~ons issued thereunder by the Board, in- cluding the provisions requiring the payment of registration fees and reg~stration penalties. (2) Has failed to comply substantially with any ap- plicable state or local housing, health or safety law. No landlord shall increase rent unless the notice increasing rent contains a statement ln substantially the follow~ng form: "The undersigned (landlord) certifies that this unit and common areas are not subJect to any uncorrected c~tat~on or notices of viola- tion of any state or local hous~ng health, or safety laws issued by any government off~c~al or agency." If a landlord fails to comply w~th th~s subsection, the tenant may refuse to pay the im- properly notlced increase, may seek adm~nistrative or civil remed~es under this Article, and may raise the landlord's noncom- pliance as an affirmative defense in any resulting unlawful detainer act~on. (i) The Board may, in its discretion, enact regulations to provide for ~ncreases of rents on un~ts voluntar~ly vacated after the effective date of this subsect~on ~n properties where the landlord has dedicated a percentage of units to be rented to 14 . . persons of very low or low income at affordable rents. The Board may enact procedures and other regulations governing determinat~on of the cond~t~ons upon which such increases w~ll be permitted, the extent of the ~ncreases, the requ~red mix of af- fordable un1.ts to be prov1.ded, ways to ensure the cont1.nued prov1.s~on of affordable housing under this subsection, the terms and conditions applicable when landlords cease to partlcipate or when tenants vacate or cease to qualify for units dedicated to affordable houslng, and other measures it deems necessary. If the Board enacts regulat~ons under thls subsection, it shall provlde for the follOW1.ng: (1) That a property shall not be eligible for this program unless a specified percentage of all units on the proper- ty, no less than fifteen (l5) percent, will be occupied by tenants of very low or low l.nCOme and the rent on each unit so occupied does not exceed a specified percentage, no greater than thirty (30) percent, of such tenants' ~ncome. (2) That tenants of very low or low income occupying units malntained at affordable rent levels under this program are protected ~f the landlord elects not to participate further in the program. Such protection shall include, at a m~nimum, a provision prohib~ ting the rent of such tenants from being in- creased by a percentage greater than the general annual adJust- ment allowed by the Board even lf the resulting rent is below the max~mum allowable rent and the landlord has lowered the rent for other units on the property. SECTION 6. Section 1806 is amended to read as follows: Sect~on 1806. Eviction. No landlord shall take action to term~nate any tenancy l.ncluding service of any notlce to qUlt or other eVlct~on not~ce or brlng any action to recover possesslon or be granted recovery of possesslon of a controlled rental un~t unless: (a) The tenant has failed to pay the rent to which the landlord ~s entitled under the rental hOUSlng agreement and this Article. (b) The tenant has violated an obligation or covenant of hlS or her tenancy other than the obligation to surrender posseSSlon upon proper notlce and has falled to cure such v~ola- tion after having received written notlce thereof from the landlord l.n the manner required by law. (c) The tenant is committing or expressly permitting a nuisance in, or is causing substantial damage to, the controlled rental unit, or ~s creating a substantial interference with the comfort, safety, or enJoyment of the landlord or other occupants or neighbors of the same. l5 . . (d) The tenant is convicted of uSlng or expressly permlt- ting a controlled rental unlt to be used for any ~llegal purpose. (e) The tenant,who had a rental housing agreement which had termlnated, has refused, after written request or demand by the landlord, to execute a wri t ten extens ion or renewal thereof for a further term of lLke duration and in such terms as are not lnconsistent wlth or violative of any provisions of this Article and are materially the same as ln the previous agreement. (f) The tenant has refused the landlord reasonable access to the controlled rental unit for the purposes of making neces- sary repalrs or improvements required by the laws of the United States, the State of Cal~forn~a or any subdivision thereof, or for the purpose of showing the rental housing to any prospective purchaser or mortgagee. (g) The tenant holdlng at the end of the term of the rent- al housing agreement is a sub-tenant not approved by the landlord. (h) The landlord seeks to recover possesslon Ln good fa~th for use and occupancy by herself or hlmself, or her or his ch~ldren, parents, grandparents, brother, s~ster, father-in-law, mother-in-law, son-in-law, or daughter-in-law. For purposes of eVlctLons under this subsectlon: (1) A "landlord" shall be defined as a natural person who has at least a f1.fty (SO) percent ownership interest in the property. (2) No eviction may take place Lf any landlord or enumerated relative already occupies one unit on the property, or ~f a vacancy already exists on the property and the vacant unit is comparable to the unit for which eVlction ~s sought. Where the vacant unlt LS determined not to be comparable, thereby per- m~ttlng evictlon under thls subsection, the evicted tenant or tenants shall be first glven 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 maximum allowable rent of the uni t from which the tenant or tenants are evicted. The Rent Control Board shall promulgate regulations defln~ng 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 in- tended to occupy. (4) The landlord or enumerated relative must ~ntend ~n good faith to move lnto the unit within th~rty (30) days after the tenant vacates and to occupy the unit as a prlmary residence for at least one year. The Board may adopt regulations governing the determinat~on of good fa~th. 16 . . (5) If the landlord or relative spec~fied on the notice term~nating tenancy fa~ls to occupy the unit w1thin thirty (30) days after the tenant vacates, the landlord shall: (1) Offer the un~t to the tenant who vacated it. (~i) Pay to said tenant all reasonable expenses incurred in mov~ng to and/or from the un~t. (6) No eviction pursuant to th~s subsection shall be allowed ~n any condominium or stock cooperative unit which has been converted from an apartment or other rental unit after April lO, 1979, unless the Rent Control Board has ~ssued a removal per- mit or declared a vested right for said unit. As used in this subpart, a un~t shall be deemed converted after Apr11 10, 1979, ~f on Apr~l 10, 1979, the recorded tract map or parcel map for the property showed the unit as included in the property. (i) The landlord seeks to recover possession to demolish or otherwise remove the controlled rental unit from rental residential housing use after having obtained all proper permits from the C~ty of Santa Mon~ca. Notwithstanding the above provisions, possession shall not be granted if ~t ~s determined that the eviction is in retalia- t~on for the tenant reporting v101at~ons of th~s Art~cle, for ex- erc~sing right.s granted under this Article, including the right to withhold rent upon authorization of the Board under Section 1803(q) or Sect~on 1809 or for organization other tenants. In any notice purporting to terminate tenancy the landlord shall state the cause for the term~nat~on, and in any action brought to recover possession of a controlled rental unit, the landlord shall allege and prove compliance with this Section. Any v101at~on of th~s Section shall render the landlord li- able to the tenant ~n a civil action for actual and pun~ t~ve damages. The preva11ing party in an action based upon this Sect~on shall recover costs and attorneys fees. SECTION 7. read as follows: Sect~on 1809 of the City Charter is amended to (a) Any landlord who demands, accepts, rece1ves, or reta~ns any payment of rent ~n excess of the maximum lawful rent, in violation of the prov~s~ons of this Article at" any rule, regulation or order hereunder pt"omulgated, including the prov~- sions ensut"~ng compliance with habitability standards and reg1strat10n fee requ~rements, shall be liable in a civil action to the tenant from whom such payments are demanded, accepted, rece~ved or reta~ned, for reasonable attorney's fees and costs as determ~ned by the court, plus damages ~n the amount by which the payment or payments demanded, accepted, received or retained ex- ceeds the maximum lawful rent. A civil penalty of treble the 17 . . amount by wh~ch the payment or payments demanded, accepted, received or reta~ned exceeds the maximum lawful rent shall be awarded aga~nst the landlord upon a showing that the landlord has acted w~llfully or with oppress~on, fraud or mal~ce. No ad- mini5trat~ ve remedy need be exhausted prior to f11~ng suit pur- suant to this subsect10n. (b) In l~eu of filing a c~vil action, a tenant may file an administrative compla~nt. The Board shall establish by rule and regulation a hear~ng procedure similar to that set forth in Section l805(d) (1) The rules and regulations adopted by the Board shall provide for final Board act~on on any complaint for excess rent with~n one-hundred and twenty (l20) days following the date of f~ling of the complaint. (2) In any administrative hear1ng under this Section, a landlord who demands, accepts, rece~ves or retains any payment of rent ~n excess of the maximum lawful rent shall be li- able for damages ~n the amount by which the payment or payments demanded, accepted, rece~ved or retained exceeds the maX1mum law- ful rent and may be liable for an add~t~onal amount not to exceed F1ve Hundred Dollars ($500), for costs, expenses ~ncurred in pur- suing the hearing remedy, damages and penalties. The tenant shall bear the burden of prov1ng entitlement to the penalty. The tenant may deduct the penalty and award of damages from future rent payments in the manner provided by the Board. An order authorizing rent w~thholding under th~s Article shall survive the sale or other transfer of the property and shall be binding upon successors of the landlord against whom the order was made. If a tenant author~zed to withhold rent under th~s Article vacates the property, the landlord shall pay to such tenant a sum equal to the balance of the rent that the tenant could have w~thheld. (c) If the tenant from whom such exceSS1ve payment ~s demanded, accepted, rece~ved or retained in v~olation of the foregoing provis~ons of this Article or any rule or regulation or order hereunder promulgated fails to bring a civil or administra- t1ve action as provided for 1n Section l809 (a) and l809 (b) within one hundred and twenty (120) days from the date of occur- rence of the v~olation, the Board may settle the claim arising out of the violation or br~ng such act~on. Thereafter, the tenant on whose behalf the Board acted is barred from also bring- ing an action against the landlord 1n regard to the same v101a- tion for wh1ch the Board has made a settlement or brought action. In the event the Board settles sa1d claim, 1t shall be entitled to reta~n the costs it incurred in settlement thereof, and the tenant against whom the v~01at1on has been committed shall be en- titled to the remainder. (d) The appropr1ate court 1n the Jurisdiction in wh1ch the controlled rental un1t affected ~s located shall have Jurisdic- tion over all act10ns brought under this Sect10n. 18 . . SECTION 8. read as follows: Section 1811 of the City Charter is amended to Section 18ll. Injunctive and Other Civil Relief. The Board, and tenants and landlords of controlled units, may seek relief from the appropriate court within the Jurisdiction within which the affected controlled rental unit is located to enforce any provision of this Article or its implementing regulations or to restrain or enjoin any violation of this Article and of the rules, regulations, orders and decisions of the Board. SECTION 9. follows: Section 1813 of the City Charter is added as Section 1813. RelationshiF to Article XX. Section 1803(t) of this Article shall not apply to any bu~lding for which ap- proval has been received pursuant to Article XX (Tenant Ownership Rights Charter Amendment) of this Charter. All other provisions of this Article, however, shall continue to apply with full force and effect to each unit in any building receiving approval pur- suant to Article XX. Tenants residing in such units, whether or not "qualifying," "participating," or any other such designation under Article XX, shall enjoy all the rights and remedies provided by this Article without limitation as to duration or to ownership of the unit. This Section is declarative of existing law and does not impose any new requirements or limit any exist- ing ones. SECTION 10. follows: Section l8l4 of the City Charter is added as Section 1814. Existing Board Practices. To the extent that the amendments to Article XVIII adopted at the same time as this Section incorporate rules, regulations and practices of the Rent Control Board existing on the date of the adoption hereof, this amendment is declarative of existing law and does not impose any new requirements or limit any existing ones. SECTION 11. follows: Section 1815 of the City Charter is added as section 1815. Single Family Homes. Single Family homes that were not used for residential rental purposes on July 1, 1984 are automatically exempt from the provisions of this Article. Single family homes that are not exempt under the preceding sentence are subject to all requirements of this Article, but shall be permanently exempted by the Board upon proof that the home has been continuously occupied by the owner for a period of two years as a principle place of residence after voluntary vacancy by the tenant or lawful eviction of the tenant. An owner may have only one exemption under this Section at any one time. 19 . e EXHIBIT 3 . - ~ Section 1903 is hereby added to the City Charter of the City of Santa Monica to read as follows: Section 1903. Expenditure L1mitation Increase for Police and Protective Services. (a) Pursuant to Section 4 of Article XIIIB of the California Constitution, the City's expenditure limit for each of the fiscal years during the four year period beginning November 7, 1984, and ending November 6, 1988, is increased by four million ($4,000,000.00) dollars. This increase shall be adjusted each year for changes in population and the lower of changes in cost of living or personal income provided by state law. (b) Appropriat10n of funds that may be made for spending by reason of Section (a) shall be made for maintaining and providing increased police and other protective services, for improving the safety of streets and neighborhoods, and for encouraging pUblic involvement in the reduction of crime. . ~ . EXHIBIT 4 . e t, ~ection 1904 is hereby added to the City Charter of the City of Santa Monica to read as follows: Section 1904. Expenditure Limitation Increase for Capital Improvements and Outlays. (a) Pursuant to Section 4 of Article XIIIB of the Cal~fornia Const1tution, the City's expenditure limit for each of the f1scal years during the four year period beginning November 7, 1984, and ending November 6, 1988, is increased by Three Million Five Hundred Thousand ($3,500,000.00) Dollars. This increase shall be adjusted each year for changes in population and the lower of changes in the cost of living or personal income provided by state law. (b) Appropriation of funds that may be made for spending by reason of Section (a) made for shall be providing capital improvements and outlays for street maintenance, sidewalks, street light circuit replacement, new street lights, energy conservation, traffic signals upgrade, 1 . e park maintenance, vehicles and other equipment, a~d various one time capital needs for libraries, publicly owned recreat~onal facilities in the City, park development, police and fire facil~ties, and other capital improvements and outlays required for the protection of public health and safety. 2 , r . EXHIBIT 5 e ,. ~ j,. ~ . . " Section 2006 of the City Charter is amended as follows: Section 2006. Prohibition A9ainst Other Tax and Fee Requirements. No tax or fee other than those expressly set forth in this Article may be ~mposed, either directly or indirectly, by the City on a Tenant-Part~cipating Conversion except the ~mposition of actual processing or map costs not to exceed Five Hundred Dollars ($500.00) per unit adjusted annually by the Pr~ce Index. .. . ~ 't' . e .~ ... Adopted and approved this 24th day of July, 1984. s Mayor I hereby certify that the foregoing Resolution No. 6889(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on July 24, 1984 by the following Council vote: Ayes: Councilmembers: Conn, Jennings, Press, Reed, Zane and Mayor Edwards Noes: Councilmembers: Epstein Absent: Councilmembers: None Abstain: Councilmembers: None ATTEST: fL:;, 7h ~ - City Clerk -