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R-8072 . . CA:RMM:rmdl139/hpca1 city council Meeting 8-7-90 Santa Monica, California RESOLUTION NUMBER 8072(CCSl (City council series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS NINE BALLOT MEASURES AT THE REGULAR MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1990 WHEREAS, on July 10, 1990, the City Council adopted Resolution Number 8056 (CCS) calling for and giving notice of a Regular Municipal Election on November 6, 1990; and WHEREAS, two initiatives have qualified for the ballot pursuant to Elections Code Section 4000 et seq.i and WHEREAS, two initiatives to amend the City Charter have qualified for the ballot pursuant to Elections Code Section 4080 et seq. and Government Code Section 34450 et seq.i and WHEREAS, the City council desires to submit to the voters, pursuant to Government Code section 34459, five proposed amendments to the City Charter, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: - 1 - . . SECTION 1. At the Regular Municipal Election called for November 6, 1990, the following proposition shall be submitted to the qualified electors of the city of Santa Monica: YES PROPOSITION " . " Shall a Beach Overlay District in the area bounded by the Pacific Ocean on the west, by the city boundary on the north, by the centerline of Ocean Avenue and Neilson Way on the east, and by the City boundary NO on the south and prohibiting hotel, motel and certain restaurant development in that District be established? 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 he pUblished once in the official newspaper and in each edition thereof during the day of pUblication. - 2 - . . SECTION 2. At the Regular Municipal Election called for November 6, 1990, the fOllowing proposition shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION II ." Shall a three year citywide moratorium on hotel development, a Beach overlay District in the area bounded by the Pacific Ocean on the west, by the city boundary on the north, by the centerline of Ocean Avenue and Neilson Way on the east, and by the city boundary on the south (with certain exceptions) , and restricting fifty percent of the transient occupancy tax generated from hotels in the Beach Overlay District at at 415 Pacific Coast Highway for clean-up of the Santa Monica Bay and for park improvements be established? YES NO 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. - 3 - . . SECTION 3. At the Regular Municipal Election called for November 6, 1990, the following proposition shall be submitted to the qualified electors of the city of Santa Monica: YES PROPOSITION " . " Shall the city Charter be amended to permit an increase in the maximum allowable rent upon a tenant's voluntary NO vacancy of a rent controlled unit? 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. - 4 - . . SECTION 4. At the Regular Municipal Election called for November 6, 1990, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION " " Shall the City YES . Charter be amended to provide for an elected city Attorney? NO 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. 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 5. At the Regular Municipal Election called for November 6, 1990, the fOllowing proposition shall be submitted to the qualified electors of the City of Santa Monica: YES PROPOSITION II . II Shall city Charter Sections 2001, 2002, 2004, and 2009 be amended and Section 2018 be added to the City Charter to provide greater tenant protections in the Tenant Ownership Rights Charter Amendment NO (TORCA) conversion process and to prohibit conversions not processed pursuant to the TORCA provisions? 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. 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 - . . SECTION 6. At the Regular Municipal Election called for November 6, 1990, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION " . " Shall the City YES Charter be amended to permit certain specified rent increases upon a tenant's voluntary vacancy of low rent uni ts, to permit certain specified rent increases upon a tenant's voluntary vacancy upon completion of specified items NO of property maintenance and to enable the Rent Control Board to adopt certain regulations applicable to mobilehome parks? The City Clerk shall cause the text of the proposition, which is contained in Exhibit 6 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 - . . SECTION 7. At the Regular Municipal Election called for November 6, 1990, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: " " Shall Section YES PROPOSITION . 630 be added to the City Charter to require that not less than 30% of all multifamily-residential housing newly constructed in the city on an annual basis would be NO permanently affordable to low and moderate income households? The City Clerk shall cause the text of the proposition, which is contained in Exhibit 7 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. - 8 - . . SECTION 8. At the Regular Municipal Election called for November 6, 1990, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION " " Shall the City YES . Charter be amended to exempt from the rent control law any property which is part of the State Park System or sovereign tidelands and NO owned by the State of California on July 1, 1990? The City Clerk shall cause the text of the proposition, which is contained in Exhibit 8 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. - 9 - . . SECTION 9. At the Regular Municipal Election called for November 6, 1990, the following proposition shall be submitted to the qualified electors of the city of Santa Monica: II II Shall the YES PROPOSITION ordinance153s(CCspproving the Development Agreement between the city of Santa Monica and Pacific Beach Development Limited partnership for development of a NO hotel and public community center at 415 Pacific Coast Highway be repealed by the people of the City of Santa Monica? SECTION 10. The provisions of Resolution Number 8056 (CCS) are referred to for more particulars concerning the Regular Municipal Election to be held on November 6, 1990. SECTION 11. 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: ~ \v'-. ~ ROBERT M. MYERS V city Attorney - 10 - , . . EXHIBIT 1 The peapIe of the CIIr 01 Sarna Monica do arIIMIa faIICIwI: . SECllON I' PURPOSE . The pwpo.. of llul ImaallVe ordi_ it D 8dcla .- -"-Y ciSll1clIO lIle Ctl'w of Santa Mor>JCa's Zontng 0Is1n<:IJ Tlu irua8DY8 ordIn8/1C8 IS neceslJl1Y to prolBcllhe publIC health. 181e.., and welfat1l of presenllll1d Iulure residents 01 the C..., 01 Santa Mona [\he .City.] by avoiding the cIelelenous eff8ets of unoonlPOlled grvwth In the Belich Qver1I1Y OISlnCt .,,0 preseMIIg the unlClue and divelSll characl8r of the Santa Moru.:.&. oalanfront ThIS purpose IS achilMKl by hm'llng the propoB8d proi.....llOn of exC8tlSlve holel, mOlal 8nd 1"'V8 reSlauranl develapmenl WIIhln Ihe Beach Overtay OI..nct So."" developmenl 'llnores the need 10 pr..e...... Sanl8 Mon'ca's greatesl physICal a..el . liS _Inlnt sefbnlI. _. and access to coastal resCllII'CN-and to maml8llllts beach and oalatllronl patks as open r9Cl8alfonal .,.. for pnIl81'\l and IuIure ;en_bons SECTION II FlNOINGS Tha peopI8 of the City fincllllal 1 The propo&ed naw Beach Ovella)' OI.l7ICIl. QWi.tenl 11'I pnnaple with the goal.. ObJaCllVel, poIic"', land un. and programs IpIIQliecIlI'l ... CIIy's General Plan 2 The publ~ heallll, safety and gerwral welfare requI,.lIle .x,paon of this new CMIfIay c;listrict lor the foHowing re_. a The crrculal/oll ')'Item on the Pacrk Cout Highway and relal8d _nala ..nd IHder s.,..,. I. CIII'I'8IIlfy llpIIf8ang 81 ar near capac1Iy. caUSIng the tran,por1allon .y.tem to be rwlther .ale nor elflClllnt b Unbncled growth in the City and RlIIghbortng lXlmmunitles has resullBd in contamlflllllOn of our beachet end of Santa Mana SIIy. The Swy h_ been lubjecl8d to frequent oontamtnation by ,., sewage. These l!l(:ldenlS Ihl98ten not only the pU:l&c: heaIIh and salety of ell C1bzena but 11I.0 lIle beauty and the economIC and rec:realKlnal Vlllue of oU' seashore. .:. The recreational dlaracter of _ oalanflonl IS being erodlld by the nagabve 'mpaclS of allC81e1'818d QI'OWIh. _g \hem prolllelllllon of holel.. motel. and large resl8Uranll, and inappropriate lend us.. oau.ing Ian of open IPK8, I1lplllNd _ comcIars wDfI8nIrIg nffic: condtions. and degl'lldalD1 of our enwonment. To preserve Ihe c:unenl mIx of land uses and thereby preserve the unIQUe character of the Santa Mona oceanfront, II il necessary 10 prohibit Iunher pllllller81ion of hole1s. motel. .-Kf larve ntstauranl development d Major development pI'O/llCII threalen 10 overburden the ex,slll'lg Infraslructul'8 within the Ci.., to such a __ that ... haaIlh, safei)' and ;eneral weHare of Sante Mona residents af1l threatened. e TIle sptllCMIr effect of adchbon-' traffic:: wlumel ntsulbng from c:onbnu,ng exce"IYe developmenl in the Beach Overlay Distnc::t will Increase lhe Irequency and inlenlity of unacceptable level. of 18M08, nol only on roadwaYI wrthll'l the Beac:h Overlay Otslricr but al." /fI adj8C8ltl mal<< commen:ia! af1l_ and eslabll.hed reSldltnIial area. of Ihe CIty SECTION III BEACH OVERLAY DISTRICT The Beac:h Owrfay o.Slnct sham Include all of lhe foIIowmg descnbed area of the CIIy of Sanra MonICa' Baginnl/lgar tha inlil-sectJOn of the northem City bour>da1Y line and Itle Pac:oflc Ocean, th8f'lCll nonheasterty lIIong the nonh Cll)' boundary line D the inreu_ of the CIInte; line of Ocea" Avenue 8nd S8l':I north Oily bounder1 line. thence IC>Ulhaasterly alon. the centerline of Otaan "'ve.'..e ID Ne" olCIn V'o ay, llhJflCOl .x-nt,nu'ng S"lllhei::lllrly along the centa.;'"e of Neilsor. Way to the south8ft ",Oil CIIy boUndary lne. thence soulllwesl8riy along 1h8 10u1h8m ClI)' :>Qunda!)' IIna to 1h8 Pacific Ocean. thence nonhwe'18riy ..long the P8Cl1ic ~., ID the po/flt of beginning The foHowlng ami are excludecf hum the Beach OYaMY Oialrict. a The Sanla MonIl;8 PIe< platform and up to a maxunum of 1.0,000 &qUare leel of new developmenllO be .rected on the pIIItform after the ellecb.... dele of thlllRlbatlvB Ordlfl81'1C8 b Thai portIOn of Ihe Re"dent,a1-Villtor Commercial Oislncl descnbed al follows thai portIOn ollhe Beach Overlay OtslnCl_wenl of the cenllllllne 01 Oceen Avenue and lyIng belween 1M Santa Moruca II.... on the north and Seaside Tarrace on the soulll. and the PromCtn8de on the _II, The above descnbed Beach o-tey o.stiicr W>CIudes ell _U 01 "e Oily or Santa Monll;8 es deflMd III .... _n e-.>>I ~ eumplol. hsl8d above SECTION IV- SUBCHAPTER 4V SUbcNpter 'V .. hereby =~~""" m ChlIplBt , tComprehen1iYe1...and Use and ZonIng OrdIR8l'lOllI. Michl e.(Plannmg and Zaring] of the Santa Mofjca I.tIllICIpIII Code, lD nt~ - .....: SubchapI8r'V IlBad1 Cl!IdG ~ SectIon 9Cl35 1 Pumase The purpose of lhis IRllIlllMt ordnance IS D add a ~ overley dslriclto the City of Sanla Monlca's Zoning OISIn<:IJ Tin inll8live ordlllanca IS neces~ D protect the pubic heellll, safety and welfare of pnIsenl and Mure nlsldenlS of Ihe CIty of Santa loIor.-(the .Ci.." by avoldll,g Ih8 cIeletenous effeets of uncontrolled g~ in \he Beach OveIfay OfslrlCl and preNl'VlflO the unIqUe and diverse charaeter of the Sanla Mona oalanfront lhl& PUf'llOW II achieved by limiting \he proposed pllllleralion of exCl8llive hotel, molel and tarve restau~1 develo~nt WIthin l!w Beach Overley DIStrict. Such development IQflOI'lIs the need tl p_lll'Ve Santa Mona's grealest phySlCBI asset . .. oceanfront sealng. view. and _s m CIlIlstall'llSl)\l/'Clll' . and to maml8ln its beach and llC&anlronl par\ls as open recre~ _ lor prnenl and fuIU'8 gen<<alions . . SecIIon 9035.2. f'U,""l!tId Uses SUbject to the pnNilions of Secbon l103S 5 the foIlow,ng u_ shal1 be permitted In the Beach Overlay Oiltric:l ra) AIr 1/". listed as perm/lied uses WlIhIn the dlslrict in wlllch the p81C8lls local8d. lb) Open space. public beac....s. parka, incidental park .lNcturel. gardens. playgrounds. recreabonal bUlldngl, _lIIiIlnaIare_ [c) Putl/ic parking. .............. Sed10n 9035 3. Uoas ~ m PlII1ormll1lCll SIlIDsIIala fiuDlII. SubJBct to Itle provisIOns of Secbon 9035 S, !he "'""n".. u_ rur be perm1llad in the Beach Overlay 0I1tnc:1 suqed III !he approval of . Performance Standards Pennit (a) All u... &ll8cIu subject tl perfOlTl\ance slllndards pennl1s in tha dltncl '" whiclt ltle parcaf IS 1ocal8d. Section 9035 4 Condillonllllv permttl8d USK. SIlbjecllO the prtMSIOflS of Sec:IIon !i035 5. lIte folloWing US8S mil)' be f*IIIiblId in lite Beach Overley OlStrict subject to !he ~vaJ of. Condibonal Use Permit: (a) All US" listed at conditionaly pentIltted u_ in the dlslricllR whlcll the ~11s locaIed. SectIon 9035 5. Pmhibtted Uses. te) Hotell, motels ._. lbl ReStaurantl enCior food I8MC8 faCllitie. of more than 2000 square feel and/or exceeding one 510ry In helllhl Ic:) My use nolspeafica/ly hSled In SeclIon 9035.2. . SectIon 9035 6 RAcmlllIOnllllJD. Any bufldlflg or area WI\fun the Beach Ovarfay o.slrlCl aJ/NI'Ilfy In 11M.. a tlIf:nt8IlorIaI bulldirtg or recreaaonalarea shag not be removed or c16mohshed eXCBlllto repl_ Uld bUilding or area wiIh ~ spaoe or ...Ian...., suni... recreational use or use. . . secTION V. OEF1NlTlONS $ubdlaplltl' I, Secaon tlOOO 3 emople, I fCompl8/len.iw LancI U.e .1Id ZOIlIng Ordin~, AnIcIe ..1PWtIIInQ WId Zoning) or 1M Sanla Men.. Munlclpal Code. i. hentby _ndecI eo add a dllftnlllOn for AlaNlianal buildlng a.loIlows: Rll~r...bOnal BundlNl Incidental park .tructure. .uch .. "'1r'OOlII' and malnten.- lacilhle., community _a. IacIoar 100m' and ~. ..rvidng perlOll. Il.,ng the bea.. or _an, playing =11I1I. playground.. picnic _.. pub8c swimmng pool. SeCTION VI' INCORPORATION INTO LAND USE PLAN Th,. inilia_ ordnanCII aII.l be IIlCIucled a. a pari of .., IancI U18 plan and local coastal program acIopIIKI by !he CIty of San.. ManICa and .haIl be .ubmllllld 10 lhe eoaalal Comm..1ion far Ita approval and'or CItl'Dlicalion to Ihe plllnt nIqIlintd by law seCTION VII ENFORCEMENT ..... proVldecl by aXlltong law. a W)iallOll of any pro_ of Subchapl8f 4,v II a 1NIdemeanOl' In addillon. any ..xpayer or eleclot oltha CIty may anlorCII any prov"lCK'l 01 Subc:haplltf 4V by ." acIIOII ,1110' or aqurly The prevaninll pIaln~f1'nan be 1lW8Ided allOm8y'l .... ..cI COlli in -*1lCll wl'il ... CodII or CtvI Pmcacll.. _.~~--- -- ~~ SECTION VIII: VESTED RIGHTS. Any approvall granled pio, to the ef19dlVe dale hereol 101 developmBllIs which .. no! on compl18nce WIth \hi. lIIfb>llNe oninaIlC&, and whICh hlMl no common law or SlalUlory vested "lints ob!lUned Ihll)Ugn Ihe exerl:lse 01 good Iailh reltance ClIlIawful~ flSUed permits ."d subatanaal consbllcllon pursuanllhennf ..,811 be null and VOId seCTION IX EFFECTIVE DATE The al18C11ve dale ollhfl illlliallw ordinance aliBI be thaI mandated by Ihe .lale EI8C1lons Code seCTION X MODIFICATION Thll ordonance may only be emended Dll89Balecl by 1M voters ollhe City at San.. MonICa SeCTION XI SEVERABIUTV II any praVlslClll or clause 01 !hI' orcManc:e or 1IIe application thereof to any person or C1rcumstanCll II held to be unCOnS\llllbonal or otharwi.., inyalld by any coun 01 compelBnt JunadiC\lon, such ,nvalldlty shall not alf&et omer ordlnanoe proVlllon. theraol which c:en be Implamanllld WIthoUt the 1n~1d prow._, c1au.. or applk:allOn, and to tl'llltnd lhe proV1eionl and claU18. of \hi. ordnanCII _ dlIcIaradlD be ..__bIe . EXHIBIT 2 . The people of the City of $enta .ICII do o-daln .. follows: . ARTICLE I PUt:lPOSE TM Peo9I1 of thl Coty 01 Bania Monlea .nact thIS initIative Ordlnlnce to accomplIsh the follOWing purposes A. To Impel" I..... year e.tywlde mo'ltonum In the Dty 01 Sanla MonIca rClty1 prohlblllng new hotels ancIlIlOIela ISIlcIIIw ~, 01 ~ MMI8 and..-ls e To cnoate a _ beach overlay zoning dl,lnel Impo8lng atna., dewIopment atancIns In the CIty'S 00Hnlr0nt _ and prohdH\lng all .."..,.-m.ted ~/opmenlln PaJJsades Pm, C To C1.... up and rester. Sanla Monica Bay by aUoea1Ing one-four1II (1/4) of future ho1el QCC\Jpaney tax revenue. Irom hotel. located in the n_ beach OIIIIlay zonIng dlslrlC1 to the Sanla MonICa Bay ResloratlOn Project or Slm,l.r programs 10 r.rneclylha .nvllonm.nlal hazards all.ctmg Santa Monica Bay.nd its Iragll. ailOIogy, o To save and prOlect PaliSades Park by curing Ita ..nou. g.ologic In'labllity, to acquire additional publIC pm land, to fund capl1al ,",prov.m.nts to "'Isting park lae.hti.., and to augmlllt maIntenance and ucunt)' 101 exilllng CIty park., by allocating an addrtJOnal one-lou1th (t/4) oIluture hot.1 occupency tax r....nu.. lrom hotels localed in the n.w beach overl.y zoning dlslnclto a new Bania Monicli Parks and Recreallon Fund ARTICLE II FINDINGS Th. PlOple 01 the CIty 01 Santa Monica find and declare that A. ,8acluse 01 the potential adverse aIIactI 01 new holeland mot.llaclli"ea on the .nvlfonmenl [Including Santa Monica Bay ancIthe City'. beach.. and seuhore), on traffic, on thl quality ot IlIe 01 p....nt and fulu.. resid.nts 01 the Ctty, and on glnaral public hnJth, saIaty and .-.11_, no new hotel or motll rooms Ihould be allowed In thl CIty during thl nlxt three years IQ that a study oIlha advlaablllty 01 allowing d_lo~nt 01 new holll or motll rooms ean be compl.Wd B Th. CIty's Land Use S.m.nt, adopted by the CIty Coune.1 of Santa MonIca on October 2.3, 1984, established land Uti goal. to .MUII lhlI pr../Vabon 01 the qualIty 01 ilia 01 resldlnts oIth. Clty Included in the Land Use E1.menlls !'olley I 5.9 rsqulllng tha Planning Dapartmanl to pr.par. a report for the Planning Commlulon and CIty Council concem.ng hotel dav.lopm.nt In the CIty after 750 new hotel _._ added to the City's hOWl inventory C Mor.than 750 new h01l1 and mot'l room. have baan constructed or ha... receIved plannIng approval since October 23, 1984 Howwar. d.'P111 Land Use Ei.m.nl !'olley 1 S 9, thl CIty hu not yet studied Ihe n..d for or WISdom of n_ hOI.ls and mOllls in th. City o A study is n.cessary In order to anaIyz. th. eflects of IlIow,ng _ hotll and mot.1 room. in the City, Including the .Illets of such d....ioprn.nl on the .nvlronm.nl, on traffic, on tha quality 01 lif., and on g.n.ral publie h.allh, "'sty and wallar. this .'udy ShoulCf be compl.ted during the three year moratorium d.acribad in Par.graph A above E In addll.on 10 the Ih..al 01 .x......... hotel and mol.1 davelopm.nl clty-w.d., 1h. Clty'. oca...lront area ,. threatened by ovard....lopm.nt Th. oceanlront area i.. unoqu. and spec,al asset oIlh. Cty because 01 Its proxlml1y to Ih. .nvironm.ntally senllb... Santa Monica Bay and to thl CIty" rlvltallzing downlown ar.a Because d....lopm.nl controls sp,clally ladorad to th. unique charactar"llcs 01 the ocaanfront arel era n.cessary and appropriate to prot.ct the valuabl. resource. oItha oceanlronl arIa 01 thl City, thl oraallon 01 a tIaw ZonIng dlslrlct called the Beach Overl.y Di.lrict I. n.cenary and d..irabl. F Sanll MonIca Bay I. a mllJOl' recr..bonal resource lor the Cty Th. qualIty 01 Ih. Bay's .cology has bean _rely compr~ Sclullons are compl.x and~, Th. Santa Momca Bay Restorabon Project, aloinl lader.l/_tal. program craetad under th. auspice. D1the National Estuary Program oIth. Federal EnYllonmanl Protaclion AQ.ncy, has baan Islabll$h.d to d.Vlse programs lor cl.anlng up the Bay ISIlcI lor Improving thl wal.. qulllty and ailOIogy 01 the Bay Fund.ng olth. Sant. MonICa Bay RestorallOn PrOJ.ct, .. wall.. oth.r Bay re'- proJects designed to ..,.,. the sam. goals, Will accomplish the follOYlring (1) SCI.ntil,c __nl 01 and report On the human Malth riSkS assoclaled WIth use 01 the Bay, (2) mon'to"ng 011....1. of toxic substances In fiSh and marin. h'l, and (3) _ssm.nl...d cllanup of source. of pollution .udl as surfaca runollthrough lhlIllood controf storm dr.". [Including the Pico- K.nter storm drain) and polnt.-..rca pollutlon from sewag. and Industrial outfalls G Palisad.. Pm is the crown 1-1 01 Santa Monica ReSld.nts and ",sllor. alok. .nJOY th. speCIal ambiance, open apace, YIaw and landscape 01 this nlllorleal treasur., which could navar be raplacad or r.plocata<lll any portion of the Park ware inappropriately clawlopad or lost due 10 landSlld.. or gaologlcallnltablllty H Palisad.. Pm I. .uH."ngfrom ye-. oJ! neglect, aubstanllal lrosion, and dangerous gaologlcallnitablllty The n.aded Improvements to Pah..des Pm, as docum.nled in a rscantly completed study by the CIty, includ. Irnporlant geological .norIng work ancI the inslallallon 01 an .xtan..... new Irrigation system The CIty'. pr.liminary .aIImal. 01 the prOject COlt for accompliShing the.. and other Improvementa to Paloaad.. Park .xceed. $1!,OOO,OOO I Certain publoc land. In the oce...fronl araa, Including Santa Moniea Pier and 415 P.clflC Colosi Highway, ha... bean .x.mpted from till. "'bat"" Ordinance 'or reason. oIlmporlanl public policy, J Santa MonIca Pi.. Is . unlqu. publiC relOllrca which the CIty " currently In the procalS 01 restonng Th. City need' to spend additional "",d. rlYl1aIizing tll. P1ar to pr...rva Its uhlqu. recr.atlonal Cheracter whll. parmt"'"g IimlWd commerclll u... to .nsura the Plar'. _ "'''bIUty Reiteration ollha PI., I. n_.aery to .nhance lhe quality alII'. In the CIty and Should nol be raatric1ad by tIl. ~lopmanlllmllation. appllcabla to other oceanlronl properti.. ---~ ----- -....~-~-_...~_.~ .------ -~--~-------..--.-,..---- ~ ~-- ~-,~-~ -"'-....~~........ .. ..........-, <<. $ImIIeIly, .'5 Padflc eo.. High".J... k_..... Sand and s.. PfOI*tYl. ....c. land owned by'" s.. 01 c;.lIfomla. .. --.., unique public __ wNct\ 1M" Is In the,...,.... 01 _nng 415 hcIfic ~ Htgllway la ~....:I.. a~" mem~ b..eh cIuIl conlrary eo $Iala law Allar ex*,- f'Ubloc pnocaacImgs. . pnlPOsallOf development 01 . public -It\' ~ .:.nler and IIote.on thllllle w.llent.lively M'acwcI by the Diy, .ubjeCllothe CiIy'1 "'lI<mal plannIng and envirllllmental r_.w prllCaClure. The propllMCI development wlllgen.r.l. substal'llialla... 'evenues. ..Iim.lad llIa.ea.a " 3 mtlhon dol.... per ~ar.1oT ImjlIfovad IlICIhlial, ........ty. and cI..nlln... 011l'le City'l be.eIIel In addllilln. anolhar e.lim.led S2 mtlhon dollarl '" hatal ~-';Iancy. aaIn and buSIt\eU h.:...... Iu.. from ... fHlIPOMcI_loprnanl will .ccrua IlIth. Diy'. Gene~ Fund .nnually~._cc L 141eut 5Cnlt 0I1IIe General Fund -.nue. from 1M hotel occ:upancy taxes gen.'al.cl by lite .Kisllng and futu.. hoteI& IlIcaIed 1ft lite _ beacll overI.y dlllrlcl and 1M 4'5 Pactfic Cout Highway developm.nt should be d.dlCated III funll tile Santa Morllca e.y Aoltorstlon Project and lilftilar pr'OjeClI, III ..va Pmisactes Pari<, 10 acqu". naw ~ land, 10 funll capital improvemenl. III eKlIlIng park facilities, and 10 augmenl IIl8Intenan.:. anllMCllnty .laKistlng City paries ARTICLE III HOTEL AND MOTEL MORATORIUM Secbon A. Mor.llIrium. Fa,. period 01 three years commencIng wtIh the ettech... d.ta olthll Inrl,.bva Ora,nan.:.. 1M City shall not ~ process or app'ove any applicabOn lor the development Of construction 01 ....y new holel 0' moMl, or fo,the CO.....rsion 01 any .xlong building, II< a portion Iha,eof lmo a hOle' or motal, or for tne eKpanSlon 01 tile number 01 gUell room. 8KISI,ng In any hotal or motaIln till City. un,", such a p'oJect hu a vested right to proceecl a. provided harein SectIon B Sludv During tIllI th,.. year perioll, lite City .hall prepare a Iludy whiCII shalf Include an eKaminaUOn 01 whether allditionll ~ O' motel rooms should be permitted In any area 01 the City, and If 10, the IOCSbon and tpeClflC requir.m.nts to, adllltional hotel and IT10IeI ,oem. shall be Identified Thi. etudy sIlall 'accmmMd appIOpriala hotel or mote' amenlbee and millQatlon rneaeut.. "'a' should be ~ If additional holel or motel room. a.. to be permillad w(tIlln the City. The cwerall goal of thl. alully shall be to ensu.. that futu.. hot.1 or rnoteI d_lopment, 01 .Kpanslon 01 IKlatlng hotel. or motel.. If any. shill proceed In a m.nne. which p,ot.cts Iha .lWfronment and the gene,lI publIC hesllh, ,,'.ty, _If... and quality of life of pre..nt anll futu.. ..lidenll oIlhe City Section C Vested Riohls A project shall hev. a 'IlIaled rioi'll to proceed wIlhaul complying Willi "'. p.OIrillons 01 thl. .Artlele II! II either: (a) Applicallon. for approval of psrmrla Involving proposed c1SY11lopm.nls for which d.v.ilIpmenl .g...ment application. 1'1.... been filed on 01 before May 15, 1989 and propolllClll....lopm.nta for which d.....lopm.nt revi.w apphcabone have been flied and dsemsll comptete on 01 before May 15. 1989; or (b) Substanllal werle h.. been psrlormsll or lubslantlll j]abl"',.e h.'IlI be.n incurr.d In ,el.llon 10 the project In goolllsllh reliance upon . building permrl iuued by the City prior to IIIe effect,V. d.t. 01 thlllnlliat",e Ordinance PTolects which qulllfy for a velted rlghl pu/IUant to thIS SectiOn C shall remain lubleclIII Ihe Dty'. no,mll planning anll elWf,on~ "\flaw prooedu,,, The Qty's d]_.lion to approve, conditionally approve, 0' c1eny prol'ct. wh'ch qU.11fy lor. yested right pulluanl \I:l this SectIon C sh.1I be un.ffected by thIS Initl.l.... Ordinsncs ARTICLE PI BEACH OVERLAY DISTRICT Subchaphtr 4V I. he,.by .dcledto o.apter , 01 Article IX of the Santa Monocs MunoClp.' Code, commonly known .. the Crty of Santa Monica Zoning Ord,nanc:e Subchapt.' 4V shall provide .. follows s.ction ~ I Bound..,.. Of The a..eII Overl.v DIstrict The Offl~" DlstrlCllng Map of the Qty 01 Santa Mon<<:a ehall be smenclecllO add . Seach CHertey Oillrlct The boundsrle. 011l'le Beacll Overl.y DIstrIct are ..follows (.) Th. notthern boundary is the north.rn boundary lin. of tha City of Santa MonIca, (bl Th. south.,n boun<lary I. the south.m llound.ry line of Iha City of San,e MonIca (cl The _Item boundary is th. Pacdic Ocean. (d) The eutem boundary IS tile cent.r IIn. of Ocean Av.nue f,om the northern boundary lIne of the Crty 01 Santa Monica to Plco Bou.....ard and Ihe .:.nhtr lin. of Neilson Way from Pico 6oully.rd to thl lOuth.,n boundary lin. M th. City 01 Santa Monica. Th. loI\owIng ...al ... .~cluded from the Bnch Overlay DistrICt {.l Th. Santa Monica Pier (bl Tltal pollion 01 1M RVC DlItI'Ict ..._d oIth. cent.r Iln. 01 Ocean Ay.nue and situstell betw..n the Santa Monies Pie. on lite north, Seasill. TSII'.ce on tile 1OIllh. and the Promen.de on the _st, which " the Intanded IIla for. Santa Monica PIer p&lking I.CUIty. (c) 415 Pacific Coast Highway. Section 9035.2 PuIDOll, Th. Besch o..rlay DlIlIIct Is Inl.nded to protactthe Dty" oceanlront area from 8Kce....... and Inapproprllte cIe'IlIlopmenl, Including ."ceaeIw d.....lOpment 01 hotels or motels, 10 prolect P.Ii..d.. Pari< lrom any d.....lopment other than Iha c1SY11Iopmen1 01 ~o(.latecI lacihtl.., and to prohibit all nonpar1c-nlamd u_ and fscllill.. within Pml..d.. Park. Section G035.3 Perml~ usa.. The lollowlng us.. shall be pe,mltted In the Besch Ovarlay o..trIcl. (.) tKospt.. eat forth in this SectIon ~'"".. 3 or In Secflona 1lO35.4, 9035.15 or 803511, 811 u... permilled In Iha underlying lOlIIng dlllllct In wIudIh psroeIls Iocatad. (b) Open apaw. public plJ'kl ancI p1aygrouncil. pubfic belche., and Ilructur.. anll IICllltl.. InCld.ntalto open 1Ip1':', public psrtcI and pllygroun<l'. and public beacha. (c) Aestaur."U In th. RVC Oialr/cl containing 50 or ,... ..... and a' which no .,cohol Ie consumed 01 ..1YId (ell Public be.ch "I.ted food _lIionL .SectIon 9035 4 Usa. Subject '9 P.rIo.m.nce Sland.rd. Permit. The fonowing use. may be pe.miltaclln the Besch o..rI.y OIl1lricl -..bjKt to 1M approvaJ 01 . Performance StaI'ld..ll. Permit (a' Exospl.. set for1h in s.etlonl 9035 3(b).(dl. llO35 5(b).(c). or l1035l1(bJ.(e). ell uses permItted .ubject to the app,ovaI of . Performanos Standards Pe,mlt In me unclsrlylng zoning dlltrlctln which the parealls locat.d ~ -------~----~.-~---~-..~"'-"-~..---~- --- --....~--- -~-~""--~........... . . Secbon llO3l5 5 Condlbonallv "'--ed Uses Th. following uses slid be permItted Ifl 111. Buch 0IetI8y Dl&1lict. eub!ect lei the epprovaI .. a CandIllonalUse PermIL (8) Except as sel tonh In II1ls Section 9035 5 or in SaC'llons llO35 3(b}-(d) or llO35 6(b).!.), all uses subject 10 _ approval of a CondrlrolW Ute Permit on the underlying zolllng d/Slne! In wh,ch the parcel is located (b) PublIC p.rklng (cl AemuranlS.n 111. RVC Oostric:t c:onta.n/ng mor.than :so HalS or al whoc:h alc:otlolls c:onsumed or eerved. Sec:bon llO35 6 Pro"'bltad Uses Th. 'olloWlng ..... .,. prOh,bltedln tha Beach O"'.rI.y D<atric:! l.) Exc:ept sa Nl'orth In this SaC'll,," 9035 6 or In SacllOns 9035 3(b).(d) or 9035 5(b)-(c), all uses prolubtted In the Und.r1yIng Zoning dlslrlc:l in whlc:h the parc:ella Ioc:ated (b) Restaurants, axcept u spec:iflClllly pennitted In tha RVC DIstrICt in Sec:tions llO35 3(c) and 9035 5lc) herein (cj Hotals and mota!., .xcept In In. RVC Diatrlct wh.re such UN. .,. subJec:t to 1he lnre. year moretorium Nt forth In ~ ftI of the IllItiatNe Ordinance bY"!hlch thia sec:tion was adopted lQ) Any c:on...rsion 01 a buildIng, 01 pottIcn th.,..." 10 . holel or mow', ragannn. 01 tha original purpoaa of ItIa bulldlng, lis prior UM, or Its phyalc:al c:onfigurallon. For purposea oIthls subsec:llon (d), any .x,sting bullcllng or portion thareoI shall not be _sidaracI . _I or rnotallf on May 15, 19!19 It w.. providing ....rnight gu.. IOCIglng fac:lllli.. for whlc:h ~2~ was condltloned upon .nrolllMnl in an InS1nlc:tional CO..... taught, In whoIa or In perl, on the premlNS or .....s providing ovemlgnt oualt lOdging faclIitift for which oc:c:upenc:y was limited to perllOns wIlo ..ad completed a ~ c:ourta of Inll1tUc:tlon and not to 1he publlO In o_rat (e) NI uses In Pallsad.s P.rIl .xcept.. Nt forth In Sac:tlon 0035 8 Sac:tlon 903S 7. SPaclfic P1.n. Dur;ng In. th... year hotal .nd mot.l moratorium IStablished by Artic:Ia III of the initiative I)rdlnanc:a by wllich '!'Is sec:tion was adopMd, the CIty shal' prepara and oomplate a SpeQlic Plan far thet portIOn 01 tha RVC OisCrfct wltItln the Baacll 0wrI8y D<1tnC\ (or a1t.matively . larg., ar.a .nc:ompaulng III. RVC District wlthin _ Baacll o..rJ.y C.strlClJ Tha SpacIflc Plan llIaU InClud. an .xamin.tion at wllet~r acIditiOn.l no~1 or motel rooma should be permil\ld In _ RVC District within th. Baach OPert.y District, and If SII, tile loc:atlon and spaaflc raquira/Mnts for additional hot.1 or ma~1 rooms sh.1I be identified Th. SpecIfic Plan shall only perml1 addl1lonal hOtel or molal rooms If auc:lI dev.lopm.nt is d.t.rmined to ....... no signlflcanl .dv.rse affects on tha .nvironmant, an IIatfic and Clrcul.tlon, on the quahty 01 hla tar Santa Manica r.sid.nts, and on public ~alth, saf.1y and w.II.,. SaCIJon 9035 8 Pallsad.s Pprll. PahHd.a P.,k f'Park.) sh.11 r.m.in in public ownership .c:c:ommadallng only perk use. ancIfac:ilibn. OIly thoM usas and factl,ties m.y ~ allowed In th. Parll that are necessary far III. mainlenan~ of the Park or are nlOlsaary and .pptO~ far the UN and 'llJGYITIant at tha Park by the g.naral public Such UIIS ancl facllitie. includ., wlthout limitabon, public "s_., any public informatIOn f.clllty ~Ing Inform.tion 10 the g.n.ra] pubhc ragard.ng the Park or the CIty ot Santa Monica, all picnic and shade ...... .. public: viewlng dacks, and any u.. or t.clllty ~nclud,ng the repaor, raconslluctlan, or ralacallon '''.reof) eXIsting In the Park an May 15, 1ll8Q ",.., perk-ralated dewlopmant of the Park s"a11 be consistant WIth the Park's h..lorocal character All nonp.rk..elated deYlllopm.nl. wheth.r pma1a or publIC, shall ~ pron,bItad WIthin the Park Such prohibited d.velopment InClud.s, W1l11out hfllllatoon, any r...clenbal or camm.rc:iallacd_ or -- SaCIJon IlO35 9 ~elopm.nt $Ienderds Within th. Beach O"'.rI.y District, the follow.ng SpeCial development standards sh.lf apPly 10 tt1e Iol'-ing und.rlying zoning dlStric:ta fa) 1M maximum Dulldll'g h'>ght III Iha A4 OiSUlCl sllall 0. Ihree stones, /lOt to exCHd 35 f_ Ib) Th. maximum bUilding height in the R3 C..tnCl shall be twO slOnes, not to axceed 30 fHI Except.. prOYldld In 11111 Section 9035 9, the developm.nl stand.,ds in thl undlrlying zonlllg dlstrlc:t In whicll the parcells Ioc:atad shall be appIlCllbl. within 111. Baac:h o...rtay District Sac:tlan 9035 10. Council Flavislon. Th. Santa Manica City Council may notincr.... any of tha allowable n.igtftS .. Nt tonh In Sac:tlon llD3Il II wi1Ilaut VO\Ior apprOllal Th. permitted UNS, ccndlllon.Uy permItted usas, uses permitt.d subjec:t to a l'erformanc:a Standercls Permit, and prohibited uses.. Nt forth In thl. Subch.pter 4V may not be m.d. I... rastr.:tlve by 1he City Council wlthout IIOter apprOYal. The -City Council may not altar 11M boundarlel of tne Baach Overley Dlstnc:t .. satlorth'n SeCIIoTt llD3Il f nor m.y lIIe City ~ exparId tha boundarlft of the RVC Dlstrtc:t wllhin _ Basch Overlsy DistrlCl without lIOI.r approval. Section 9035 11 V.~ed Alahts. A prajectlllatl ~... a ......d "gllt to proceed without camplylng with _ prOYlslana of thlll Subc:hapIM 4V . eItlIar; (al ApplicatIons lor .pprovaI at permits lnvolvlng j)t'oposad dev.lopm.nts for whiCh dev.lopm.nt agreemenl applications tI.... bean filed on ar before May 15, 19!19 and proposed developments far whicll development raYl'w applicatIons h_ ba.n filed and clHmed compl.te on or betora May 15. 1llll9; Of Ib' Substantlal work h.. been performed or substantial liabilities h.... bHI1ll1C1Jrred In ral.Uon 10 tI\a prajact In gaocf faith rellanOa upoll . building perml1 issued by the City prior to tha .ffec:tlVl date of this 1n,1i.1Mt Ordinance. Projacts wIIIcII qualify for a vested righl puIIuant to this Section shall r.main allbJ.c:t to tII. City'. normal planning and envuonrnan1al -.- proc:adures, and lna Diy's d,sC"'lon to .pprove, oondillonally appr.... or dany pl'Of8CIS whk:h qualitY for a _tad rlg"t pursuant to 1hoa Sac:tIon shall be unafleeted by lI1is Initlallve OrdInance Secbon llO35 12. ~nitiona Th. Anll words _ flIn-a.. -*lnecl on" ~ .IV shall h_the foJlowmp m.anlngs Cal 41~ PaClf"IC eo.st Hichw.y Th. approxlmataly $ __ .... commonly lmcMn .. 415 PacifIC Coast Highway and having clIrnenslon. of lIpptllximately 2llO feat by 750 feat which is loc:ated ba_n tIIa PacifIC ~an ~ PacIfIC Cou1 Hlghw.y new .... northern boundary of the CIty of Santa Monica and w1uch I. COO'.nlly Improved Wllh a pmal. member.l'lIp beach Club Ndhty commonly known .. tII. Sand and Saa Club ~ a pubhc parkIng Iol cenlalning approx,m.I.ly '76 parking ~s This propafty ia AI"" known as 1II. Sand and Se. Property (b) Holel or Moler A budding, group of buddlngs Or a portion of a buIldIng WIth hve or mora guest rooms which Is dallllnad tor or occupied .. . temporary Jodgrr'g pi..,.. or Iran...nl ac:oomrno<lafiOn for indIVIduals for less tIIan 30 con"""""" da~ but d_ no! inelud., withoul limitation, facditi.s pro"idlng SOCIal "Mea hOUSIng or tr.nSl,.onal hOUSIng such as commuMy care facildoas. hosPleas, family day care homes, nuraing homes, r...d.nlia! care faClI"'as. sanitariums, unior group hollaing, and ""etta.. for the hOlMlaa {e) PaIlACles Park The pwk .rea WItIlln lhe follOwIng boundan.s (I) Tn. northem boundary 1.1he northern boundary Ii... 0I1he City 01 Santa Monrca (2) The lOuth.m boundary IS Colorado Avan... and th. bPldg. ccnnacllng Colorado Av.nue WIth the Santa Mon_ PIer. (3) The ..sl.rn boundary ISlh. west.m edg. of ~an Avan... (4) Th. west.m boundary Is tIl. .ast.rn adg. of Pacific Coast Hlghw.y from tIl. nOl1h.m boundary line of the City of Santa MOllica to m. point where Pacrlic Cou1 Highway m..ts th. Ocean Avenue up ramp and th.n th. .utem adg. of the ODe." .......,u. up r.mp from lIIat point to m. paint at whicll the Ocean Avenue up ramp ClCSIBs una.r the brklge COf1MCting Color.ao Avanu. to th. Santa .....nica PIer Noy public roadw.~ .xistlng on May 15, .9lI9 wrthln th. above bcundanes are excluded from Palisades Park (d) Public Be.ch Rel.led Food ConeaUlons MY buildIng, room, sP..,.., area, or ponlon th.reof loc:ated wast of the first publIC road acIj_nt 10 1II. beach where food or bev.rages w. IOId for censumption .,lII.r on sit. or off-_ for which th. operalor or owner of 8lich buame. h.u .nterad into a _asion agraament w1lh th. City of Santa MonIColl or Stale 01 California to provide Iood Of baverag. ..""ca to "i..tors of the Santa MonICa beaen .r.a (e) $anla Monica P,.r Th. Santa Monica Plar InCludes the follOWIng (') Th' P1easur. Plar, a110 known u 1II. Newcomb Pial (2) Th. Santa Monrca MuniCIpal PIer (3) The bndge which connacu the Santa Monlca Municipal PIe, lD Colorado Avenu. (4) Th. Carousal Park (5J All land .....sloeatacl d,ractly below .ny area d.lCI'1bad in sub_n. (11, (2). (3) or (4) .boYS ARTICLE V TARGETING REVENUE fROM 415 PACIFIC COAST HIGHWAY AND AlL OTHER HOTELS IN THE BEACH OVERLAY DISTRICT (a) Durinlllh. T8IOeling Perlocl, alleasl filly (50) pereanl 01 the total annl/aJ r.vanoes Irom the collectIon 01 hOlel oeeupancy w.s, paid 10 Ih. Crty as . result of the proposed d_lopm.nt to be Iocatad at 4.5 Pacific Cout Hlghw.yand by all hot.ls located In the Beach QvaTtay o..lnct, ."aU be alloca..u for lIl. Santa .....nlca Say Realor.lion PrOJ.ct or simil.r progr.",s for Ihe ban.fit 01 t". s.nta Monica Say, 101 MvmO and proteeting P.lIsade. Park, for th. ac:qull>t1on of add'lional public park 11J'lll. for caPItal improvem.nts to axlsling park facllitlu, ."d tor augm.nting mAIntenance .nd security .1 ex,slIng Crty parks Ib) The Targellng P.rlOd shall cemm.nce July I, 1990 and end June 30, 2000 Th. CIty CounCIl m.y.xtend this prOVISIon by mBjorlly vote beyond Jun. 30, 2000 During th. Targ.tlng P.noel, the minimum percentage allocation of hotel occupancy Iall.a for lho.. purpo..s requ.red by Paragraph (., of thIS MIele V aha" not be reduced wrthouf volar approval Furthermore, dl/ring the T.rgatJng Parloclth. percentage a11oca1lon of lhosa r_nuas u prll'llclad In MleI.s VI and VII of this InitiabW OrdInance shall not be amendad wllIIoul voler approval. MTICLE VI SANTA MONICA BAY FUND Th. Santa MonIca Bay Fund ("Bay Funa.) 1& h.reby created wlth,n th. City Tr.a8liry 10 r.c..". 5il'1' of 1II. revenues a1locatad in A/tICIa Vof tillS Inltla""" OrdInance and shall be conllnuoualy appropriatad by Ihe City Council in support of Ih. Santa .....ntea Bay Aall<lretlon Pnljec:t II( SImilar proj.cts IIml1ad to tn. fOIIowl"g Purpose.' 1 AsM.. and report on the human h.aIth risks USOClatad wllh .... of the Bay; 2 Moniler 1.....1. of tallic subatanoas in 11"" and marina lita; 3 ....... and cllanup IOUrcal of pollution from 8lirfaca r\lnDlf through lh. flOod cenlrol ttorm dralns gncJudlng th. Plco-Kanl.r Storm Or.ln} al'd point aoultlB palMlen from ~ and fnduflriallXllfa/Ja; 4 AsI... and cl.anup pollution In th. Bay 110m put industrial discharge pr.ctlcas, and 5 Rell<lr.th. Bay u . r_.ational and ..alhallc relOUrca for the City's resid.nts and vlsltora. . 1& th. mtant of this Ar1Icl. to provlcl. funcls for UM. by 1/'18 CIty to meal tn. City'. shw. of 1/'18 rasponsibihty to remaay en.,uonmantal huardll IlIIOClalB<1 wlth Santa Monica Bay but "01 to suppl.,,1 f1Jna. 110m Ol .". r.sponllbil,ty oIl1l. City of Loa AngalaS, tha County Of ~ Angele., _ $1&- of CalI1o,"~, th. rad.r.1 governm.nt, or oth.r publie allenci.slo h.lp remadjl the.. haurd.. ART1ClE..... SANTA MONICA PARKS AN.CREATlON FUND.- ------ --. . no. s.ma MonIca PaIb 8I>CI RKfeaUon Fund ("Parks and Recraatlon Fund") Is hareby _ated within the CIty Tf8UUJy III .-iva ... -... ~ aI the _ aIIaca1Ied In Article V of thIS initiative Ordlnanc>> and shall be oonbnuoualy appropnatad lor anyl"ll out 1M purpo_ of IhIs Article VII 'nIe CIty Councll shall approprl.ta the Parks .nd RecrubOn Fund in a PI\4lnne, limIted to lIIe followIng purpo..s , Geophysical and other shonng work. 1n~lIabon of nsw IrrigatIOn svstsms. and Olher capllallmp,-mentl to Paliaacles P4lrk. 2 Acqutaillon of ack:IlbOnal public park 1ancI, and capital Improvements to ex,sbng and lu1ure park and recreation flClllbes Wllhm tile CIty. includIng public achooI facdrtl.., and 3 AugmentallOn of ongOIng maintenance end seCUrity at eXIsting CIty park. and recreatIon laclllbe. /14"'" 75'" of the funds allocated from the Parks and Flecreabon Fund shall be u..d nclus,vely lor capItal expendltu..s and no more than 25'" 01 the fun~ shall be spent for augmentatIOn to ongoing park maIntenance opera"ons and imp<OYed ucurity ARTICLE VIII CONSISTENCY WITH THE CI1Y OF SANTA MONICA GENERAL PLAN AND THE CITY OF SANTA MONICA LAND USE PLAN OF THE lOCAl COASTAl PROGRAM The CIty shall take all necessary action to insure that lIS Genaral Plan and the Land usa Plan of its Local Coastal Program are con~ with 1M GO&II, putpOUI and provisions of 11m InllJatJW Ordinance To !he e_nt required by law, any ~ndrnant, altarallon 01' addiUon tlIl11a UncI u.. Plan of the CIty's Local CoastaJ Program shall be subm,ned for approval and certification by the approprla,e aganci.. Md commiSllons, Including tile California eoutal Comtmlaion. ARTICLE IX: DEFINmONS A1lterma uMd In this IMtalive On:Iinaroce shall be construed In ICCClrdanc>> with the definitions contained In Saction 9035 12 of A/tIcle rial IhIa lniIIlItiw Ordinance. or " not defined therein then 'n acoorcIanca with the definitions sat forth in the City's Zoning Ordinance. ARTICLE X: INCONSISTENT ORDINANCES this Inltlatiw Ordinance is inconsistent with and is intended u ." a1temabY9 to the iAltlative ordinance ptopoHCl by the Save Our EIaach Comrmtlea Of tiny similar measu..s II till. initiative On:IlnanC8 and tlla Inillative ordinance proposed by lIle Saw Our Beach Comm~ Of any similar measu..s are bolIl palled by . majority vote thereon, than lIle one ordinance wtlll the moat votes shall p<evail ".".r tile othar orctlnance arlll the other Ofdlnanca shall have no effaot wha~. ARTICLE XI SEYERAllIU1Y " any provision Of c1au.. of lIlis Initiattva Ordinance or the application lIIereof to any parson or cIJcumstance is held to be unconstitu1ional. in vialaUon of any provision of State taw or the City Charter, or othelWl" Invalid by any couft 01 competent jUrllll,cbon. such invalidity ahaII not affect Olhar proviSIOns Mreof WIlich can be Implemented witllout the invalid ptOYIsiOn, clau.. or application, and to lIlis end the provIslllIlS and elau_ of Ill.. lnittatiY9 Ord/nanoa ara declared to be _able ARTIClE XII: ADOPTION AND EFFECTIVE DATE ThIs InIliatlya OrdJnance shall be conSidered adopted and shall tah effect In accordance WIIh tile Sta. EIacbona Coda . EXHIBIT 3 . THE PEOPLE OFTHEOTY OF SANTA..CA DO ENACT AS FOLLOWS: TITLE. This Chancr Amendment shall be known as The Voluntary Vacancy Decontrol and I.econtrol Chaner AmendIDem of 1990. . PUIlPOSES. We, the people of Santa Monica, anct mil Cbarter Amendment to accomplish the following purposes: 1. 10 reheve the economic pressures which are forcing apanment OWDetS out of bus mess by creanng a f:atr rent controlsysteID of voluntary vacancy decontrol and then recontrol, 2 To guarantee each cum:nt tenant that hIs or her own rent will not be raiSed because of th15 new voluntary vacancy decontrol and recontrol; 3 1b protect new tenants by reqwnng that each voluntari- _ Iy vacated unit will be recontrolled imme<:!1....1y after being rented, 4. To unprove the quality ohnlllDtenance of the aistlng rent controlled URIts, and 5.10 preserve affordable housing for existing low or moderate income tenants by reducing thein~i;ii", for use of the Ellis Act by aparttnem OWDetS. Accordingly, we, the people of the City of Santa Monica. amend the Charter of the City of Santa Monica, as follows: Section 1816 is added to Article 18 of the Sama Monica City Chaner, Section 1816 Voluntary Va~ncyDecontrol andRecontrol (:I.) No Rent Increase for Current Tenants. No tenant occupymga controlled rental unit on November 6, 1m, sh:lll have his or her rent Increased under the provisions of this section, wlule said tenant OCCUpIes hts or ber unit. (b) New Muimwn Allowable Rent Upon Voluntary Vaaney. Notwithstandmg any other Section of thiS Article, prospective tenants and landlords sh:lll be free to negotiarc and agree on the aDlount of rent that may be first charged for a c0n- trolled rental unit after every voluntary vacancy of said unit. The first rent cbarged for a umt, after every voluntary vacan- cy of that unit, sh:lll become tbe mOy,mum :lllowable rent for the UnIt for all purposes of thIS Article, includmg, but not Umitcd to, the computation ofall future rent adjustments SaId umt shal1 otherwISe remain controlled by all other Sections of thIs Mlcle. (c)Deflnltion of VoluntaryVacanCY. "Voluntary V"...~ cy" for purposes of this SectIon sball mean that a controlled unit is vacated voluntarlly or as the result of termination of tenancy for nonpayment of rent A vacancy created when the owner or relative, who obtaIned possession pursuant to 1806(h)onorafterApri110, 1990, moves out, shaU not be con- sidered a voluntary vacancy for that unit. further, a vacancy occumng within twO years as a result of the filing of a Notice oflntent to Withdraw under Gov Code Section 7060-7060.7 (the Ellis Act) shall not be considered a~ol~~vacancy for tha1 unit. --- (d)tallU1t Protections A~!n!&t; BaraISOlCOt. The Ilent Control Board has the right to seek injunctive rebef pursuant to Secbon 1811 of this Article In order to prevent barassmem of ~y. ~ as expressed by Cpp 527.6(b). . \e) eonft1ctofu.s.lt ill tbe Intent of the people tblll the prorisions ofthls Charter Amendment constitute an integr'atcd V1dcomp~approach tovacanq' decontrol and rec0n- trol, and It Is their intent that additional, simultanCOUS regula- bon relatcd to the SaDle subject not be placed on landlords and llClWlts. Accordingly, if this Charter Amendment and:lllY other inCOt1SlStent alternative or conflicting Charter Amendment are both passed by majorities votlDg thereon at the same time on the same ballot, then the one WIth the most VQte5sball prevail The one WIth the lesser votes shall be deemed to be inconsis- tent and m conflict wIth this charter amendment within the meaning of Section 3, SubdlV1sion (d) of Micle XI of the California Constitution. (f) Severability. H any provision or clause ofthiSScction 1816 or the apphcation thereof to any pet50n orcirl:WJlSUDCC is held to be unconstitutional, In violation of any provision of the State law or the City Ch:lrter, or otherwISe invalid by any court of competent jurisdiction, such mvalidlty shall no~affi:ct other provisions hereof which can be implemented WIthout the inValid provISion, clause or application, and toth15 end the provisions and clauses of this Section are declared to be leverable (g) Effective Date. This Section sball be considered adopccd and shall take effect on the day following HS enact- ment by the YOterS. . EXHIBIT 4 . . The propoMd charter amendment n,ad8 a8 follows: SECTION 1. TITLE AND PURPOSE. This amendment to the Charter of the CIty of Santa Monica shall be entItled the CITIZENS PROTECTION AC:r of 1990. The primary purpose of the Act is to reduce vIolence, panhandling, street cnme, rob- berIeS, drug sales and general harrassment of Santa MOnica's elderly and children who deSire to use, in safety, the public sidewalks, public parks, beaches, recreatIon facIlities, commer- Cial shopping malls, grocery stores. restaurants and busi. . nesses. ThIS Act will hold the Santa MoO/ca City Attorney dIrectly responsible to the voters for Ihe enforcement of controlled substance abuse, panhandhng, trespassing and general public nuisance laws. This Act will empower Citizens to elect a City N.- torney who IS free to enforce the Penal and Municipal Codes and wilhout pohllcallOfluence from City Council members. SECTION 2. CITY ATlORNEY. Delete from Secllon 700 of Article VII the words "City Attorney" as appointed by the City Council. Delete entire Sectlon 708 Article VII, City Attorney. Powers and Duties Add Article VI-A CITY ATlORNEY. to the City Charter of Santa Monica to read: See. 650. Term. The City Attorney shall be elected from the city at large, at the times and in the manner in thiS Charter pro- vided, and who shall serve for a term of four years. The first election under this Charter amendment shall be held no more than ninety days follOWing approval by the voters. The Term shall commenCe on the first TUeSday follOWing such elec- tion and he shall serve until his successor Is elected and qualified. See. 651. ElIglblflty. No person shall be eligible to serve as City Attorney unless he or she shall be a qualified elector at the time of his or her nomination or appointment. Sec. 652. Powers . Dutl... The poSition of City Attorney shall be a full-time poSition and the City Attorney shall not be entItled to engage in private practice. To become eligible for election as City Attomey, the canclldale shall have been admit- . led to practice as an attorney at law in all the state courts of CalifornIa and shall have been engaged rn the practIce of his profeSSion for at least five years immediately pnor 10 assum- ing office. The City Attorney shall have power and be required to: (a) Represent and advise the CIty Council and all City 0ffi- cers In all matters of law pertaining to their OffiCes, (b) Represent and appear for the CIty and any CIty officer or employe or former CIty offlC8r or employe, in any or all actions and proceedings in whIch the City or any such officer or employe, In or by reason of hiS official capacity, is concerned or is a party, but the City Council shall have conlrol of all legal bUSiness and proceedings and may employ other attorneys to take charge of any litigation or matter or to asSist the City Attorney therein: (c) Attend all meetings of the City Council and give hiS advice or opInIon 10 wrltmg whenever requested to do so by the City Council, or by any of the boards or officers of the CIty; (d) Approve the form of all bonds given to and all contracts made by the City, endorSing his approval thereon in writing; (e) Prepare any and all proposed ordinance or resolutions for the CIty, and amendments thereto; (f) Appoint and remove SUCh assistants and clencal and stenographic herp as are authorized to be employed In his department by the City CounCil, such persons not to be in the ClaSSified Service of the City; (g) Prosecute on behalf of the people all crimmal cases for violation of this Charter and of City ordinances, and all mis- demeanor offenses arising upon violatIon of the laws of the State; and (h) On vacating the office, surrender to hiS successor all books, papers, files and documents pertaining to the City'S aff8lfS. Sec. 653. Compensation. The City Attorney shall be com- pensated the same as provided for a Superior Court Judge In Los Angeles County and shall be adjusted In accordance with the pay schedule for Superior Court Judges," Los Angeles. Sec 654 Benefits. The City Attorney shall receive the same benefits provided to the City Manager. Sec. 655. Vacancy. A vacancy In the office of City Attorney from whatever cause ariSing, shall be filled by appointment by the City Council of an Acting City Attorney who shall hold a1i the qualifications of the office of City Attorney but shall not be eligible for election to that office, such appointee to hold office until a city attomey is elected and assumes office. . EXHIBIT 5 . . . PROPOSAL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO BE SUBMITTED TO THE VOTERS OF A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF SANTA MONICA, CALIFORNIA Section 2001 of the City Charter of the city of Santa Monica is amended to read as follows: SECTION 2001. Definitions. For purposes of this Article, the following words and phrases shall have the following meaning: (a) Applicant. The owner of a building for which a Tenant-Participating Conversion Application is filed. (b) cosigning Tenant. Any tenant agreeing to the conversion by his or her signature on the Tenant-Participating Conversion Application who has personally occupied his or her unit continuously for a period of at least six (6) months prior to the date he or she signs the Tenant-participating Conversion Application. (c) Disabled Person. Any person who is receiving benefits from a Federal, State, or local government, or from a private entity on account of a permanent disability that prevents the person from engaging in regular, fulltime employment. - 1 - . . (d) Intending to Purchase Tenant. Any tenant who has personally occupied his or her unit in the building continuously for a period of at least six (6) months immediately preceding the date the tenant signs a Tenant Intent to Purchase. (e) Limited Equity. Programs sUbject to the restrictions set forth in the Health and Safety Code Section 33007.5 and other programs which limit, to a similar extent and a similar length of time, the owner's return at resale. For purposes of this Article, shared appreciation equity loans or similar loans shall not be construed to be forms of limited equity. (f) Low and Moderate Income Households. Persons and families whose income does not exceed eighty percent (80%) of the median gross income for Los Angeles County, adjusted for family size as determined by the Secretary of Housing and Urban Development and under section S(f) (3) of the united states Housing Act of 1937, as amended, or if programs under Section 8 (f) are terminated, eighty percent (80%) of the median gross income determined under the method used by the secretary prior to such termination. - 2 - . . (g) Middle Income Households. Persons and families whose income exceeds eighty percent (80%) but is less than one hundred and twenty percent (120%) of the median gross income for Los Angeles county, adjusted for family size as determined by the secretary of Housing and Urban Development under Section 8(f) (3) of the United states Housing Act of 1937, as amended, or if programs under section 8(f) are terminated, more than eighty percent (80%) but less than one hundred twenty percent (120%) of the median gross income determined under the method used by the secretary prior to such terminatlon. (h) Building. Owner. The owner of a Qualifying (i) Participating Tenant. Any tenant, including both cosigning and non-cosigning tenants, residing in the building at the date of the approval of the Tenant-Participating Conversion Application. (j) Price Index. The index for Urban Wage Earners and Clerical Workers, United states city Average, as pUblished by the United States Bureau of Labor statistics, or - 3 - . . in the event such index is discontinued any comparable index. (k) Tenant Intent to Purchase. A form prepared by the City to comply with State law and which shall be in substantially the following form and substance: STATEMENT OF TENANT INTENT TO PURCHASE This is a Tenant Intent to Purchase form that is used to determine how many tenants want to purchase the apartment units that they currently are renting. Everything that the owner guarantees or promises you in exchange far your signature, including the sales price, is set forth in writing in the Tenant-participating Conversion Application. These promises, including the promise to sell you the unit far the price stated on the form, will be made conditions of the approval of the conversion and the signed form will become public record. Signing this form does not mean that you must buy the unit. It only means that you currently want and intend to buy the unit for - 4 - . . the sales price indicated on the form if you are able to obtain satisfactory financing and if the application is approved. IF, AFTER FINAL APPROVAL OF THE CONVERSION, THE OWNER REFUSES TO SELL THE UNIT AS AGREED OR DEMANDS A HIGHER PRICE, YOU SHOULD IMMEDIATELY CONTACT THE APPROVING ATTORNEY AND THE CITY ATTORNEY. I/We, the undersigned, as tenant(s) of unit at Santa Monica, California, at the time of filing of the Tenant-Participating Conversion Application of such property, do certify my/our intent to purchase my/our occupied Unit No. I/We have seen and received a copy of the Tenant-Participating Conversion Application which lists the maximum sales prices for all tenant occupied units in this building and other information on the Tenant-participating Conversion Application to be filed with the City of Santa Monica, and this list indicates that the maximum sales price for my/our unit is to be $ - 5 - . . I/We further understand that this Intent to Purchase Form will be filed with the city for the purpose of establishing the percentage of tenants that may be expected to purchase units pursuant to this Article. I/We declare, under penalty of perjury, that all of my/our statements above are true an correct. (Signed and Separately Dated by Intending to Purchase Tenant(s) and Owner.) (I) Qualifying Building. Any buildinq used for residential rental purposes in the city for which no eviction has occurred pursuant to Government Code section 7060 et seq. (the Ellis Act) within a five (5) year period prior to the filinq of an Application for Tenant-participating Conversion and for which no eviction has occurred pursuant to $ection 1806 (h) of this Charter (relatinq to eviction for purposes of owner occupancy or occupancy by relative of the owner) within a ~wo (2) year period prior to the filing of an Application for Tenant-Participatinq Conversion. (m) senior Citizen. Any person sixty-five (65) years of age or older. - 6 - . . (n) Tenant. authorized tenant residential rental Tenant-Participating is being processed. Any person who is an of an owner of a building for which a Conversion Application (0) Tenant ownership. ownership in the form of either condominiums, community apartments, stock cooperatives, cooperative associations, limited equity stock cooperatives or any other means authorized under state law. (p) Tenant-Participating Conversion. Any conversion to tenant ownership implemented pursuant to this Article. (q) Tenant's Sales Price. The maximum price for each unit as set forth in the Tenant-participating Conversion Application. section 2002 of the City Charter of the city of Santa Monica is amended to read as follows: SECTION 2002. Application for Tenant Participating Conversion. An appllcation for a Tenant-Participating Conversion shall be complete if it meets the following requirements: - 7 - . . (a) Identifies the building, and its owner, which is the subject of application and contains a declaration such building is a qualifying building. (b) Sets forth, for each tenant occupied unit, the following sales information: the that (1) The maximum sales price for each unit. (2) The minimum down payment for each unit. (3) If seller financing will be offered, the minimum amount to be financed, the maximum rate of interest and the minimum term of the loan offered by the seller. (c) Sets forth, for following common areas, budget information: each unit, maintenance the and (1) The plan for the assignment and use of parking spaces. (2) The plan for the use of all common area facilities. (3) The occupancy and management plans and policies. - 8 - . . (4) A list of all repairs and alterations, if any, which will be performed before the close of the first escrow. (5) The plan for allocating costs and expenses for the building. (6) A prepared monthly maintenance budget based upon actual maintenance expenses for at least the preceding two years plus a reserve fund which states the monthly maintenance assessment for each unit. (7) The procedures for allocation and use of such reserve funds. (d) Contains a declaration with the following information: (1) That there has been a building inspection report of the accessible portions of the entire building, including but not limited to, the roof, walls, floors, heating, air condi tioning, plumbing, e1ectrl.cal systems or components of a similar or comparable nature, and recreational facilities of the building prepared by a Building Inspection Service or similar agency within the preceding three (3) months. - 9 - . . (2) That, for each tenant occupied unit, a written statement setting forth any substantial defects or malfunctions identified in the building inspection report regarding the unit and the common areas has been delivered to the unit or a tenant occupying the unit. (3) That, for each tenant occupied unit, a copy of the complete building inspection report has been delivered to the unit Dr a tenant occupying the unit. (e) Sets ownership for submitted. forth which the the form of tenant application is (f) Is signed by cosigning tenants occupying not less than two-thirds (2/3) of all the residential units in the building. If there is more than one tenant in a unit, the signature of only one tenant shall be required. For purposes of this subsection, an owner of the building shall be deemed a cosiqning tenant if: (1) the owner has continuously resided at the building as his or her principal place of residence for at least six months prlor to the date the owner - 10 - . . began to solicit tenant approval for the TORCA conversion and (2) the building has not previously been withdrawn from the residential rental business pursuant to Government Code Section 7060 et seq_, unless the owners were tenants in the property at the time of the withdrawal. (g) Identifies the cosigning tenants and the units occupied by such tenants and lists all other tenants known to the owner in the building and the units they occupy. (h) Contains a declaration that the signature of each cosigning tenant was obtained only after the delivery, in writing, to such tenant of the information required in Subsections (a) (b) (c) (d) and (e) of this Section. (i) Contains a declaration that all lawful notices have been given of the application for conversion. (j) Has attached to the application Statements of Tenant Intent to Purchase, signed by Intending to Purchase Tenants occupying not less that fifty percent (50%) of the total number of residential units in the building. If there is more than one - 11 - . . tenant in a unit, the signature of only one tenant shall be required. For purposes of this subsection, an owner of the building shall be deemed an intending to purchase tenant if: (1) the owner has continuously resided at the building as his or her principal place of residence for at least six months prior to the date the owner began to solicit tenant approval for the TORCA conversion and (2) the building has not previously been withdrawn from the residential rental business pursuant to Government Code section 7060 et seq., unless the owners were tenants in the property at the t~me of the withdrawal. (k) contains a declaration that in obtaining the signatures of cosigning tenants and intending to purchase tenants, the owner neither offered nor agreed to pay money or other financial consideration to participating tenants if the tenants would release all rights that they had to purchase a rental unit in the building. (1) Contains a declaration that in the signatures of consigning intending to purchase tenants, obtaining tenants and - 12 - . . nei ther the owner nor the owner's agent or representative coerced a tenant to sign by threateninq that the owner, or any successor thereof I would cease operating the property as residential rental property pursuant to Government Code Section 7060 et seq. ("the Ellis Act") if the proposed conversion of the building pursuant to this Article did not occur. (m) That, for each tenant occupied unit, a Tenant Intent to Purchase has been delivered to the unit or a tenant occupying the unit. Section 2004 of the city Charter of the city of Santa Monica is amended to read as follows: SECTION 2004. Approval or Denial of Tenant Participating Conversion Application. A Tenant-Participating Conversion Application shall be approved or denied within the time periods set forth in Section 2003 of this Article and in accordance with the following standards: (a) A Tenant-participating Conversion Application, along with any required tentative subdivision map or tentative parcel map shall be denied if the - 13 - . . Tenant-Participating Conversion Application fails to meet any of the requirements of this Article, was the result of fraud, misrepresentation, or threat or similar coercion, or fails to meet any mandatory requirements of the Subdivision Map Act of the state of California. (b) A Tenant-Participating Conversion Application, along with any required tentative subdivision map or tentative parcel map, shall be approved if it meets the requirements of this Article and shall be subject to the following conditions and no others: (1) The owner must file with the City written consent to each condition imposed in connection with the approval of a Tenant-participating Conversion Applicatlon. The written consent shall be filed prior to the approval of any required final sUbdivision map or final parcel map, or if no such map is required, within six (6) months from the date of approval of the Tenant-participating Conversion Application. The filing of such written consent shall constitute an agreement, with the City of Santa Monica and each participating tenant, - 14 - . . binding upon the owner and any successors in interest, to comply with each and every conditlon imposed in connection with approval of a Tenant-Participating Conversion Application. The city and any participating tenant shall have the right to specific enforcement of this Agreement in addition to any other remedies provided by law. (2) The owner shall offer and continue to offer the exclusive right to purchase each rental unit in the building to the participating tenant thereof upon the terms set forth in the application, without change, for a periOd of not less than two (2) years from the date of final approval by the California Department of Real Estate or the date the first unit in the building is offered for sale, if no approval by the California Department of Real Estate is required. Unless a participatinq tenant has already provided the owner with written acceptance of the offer, the Tenant's sale price may be adjusted at the beginning of the second year according to any change reflected in the Price Index occurring during the preceding year. Upon the written acceptance of the offer by the participating tenant at - 15 - . . any time within the two year period, escrow shall open within thirty (30) days from the written acceptance by the participating tenant. Unl ess otherwise agreed by the parties, the period of the escrow shall not exceed sixty (60) days. (3) No participating tenant shall at any time after the approval of the Tenant-Participating Conversion Application be evicted for the purpose of occupancy by the owner, occupancy by any relati ve of the owner, or for demolition of the unit. In the event the participating tenant does not exerC1se his or her right to purchase within the time period set forth in this Article, the owner may transfer the unit without any price restriction to the participating tenant or any other person. However, in the event such transfer is to someone other than the participating tenant, the transfer shall be expressly made subject to the rights of the participating tenant to continue to occupy the unit as provided for in this Article. (4) Each unit shall at all times remain subject to all the terms and conditions of Article XVIII of this Charter, except Section 1803(t), before, during and - 16 - . . after any Tenant-Participating conversion. If any unit is rented, the maximum allowable rent for each unit shall be no greater than the maximum allowable rent allowed under Article XVIII of this Charter. (5) The building may be required to comply only with the applicable laws, including the building, safety, and zoning codes, which were in effect as of the date the building was constructed. No new, additional requirements including, but not limited to, parking, room size, or interior or exterior improvements of any kind, may be imposed as a condition, either directly or indirectly, of the Tenant-Participating Conversion. Notwithstanding the above, the City may impose reasonable health or safety requirements consistent with this Article upon such buildings provided that such requirements uniformly apply to all similar multiresidential structures in the City of Santa Monica, regardless of the form of ownership of the building. (6) Prior to the approval of any required subdivision map or final parcel map for the Tenant-Participating Conversion, or if no such map is required, prior to the - 17 - . . filing of the written consent required by Subdivislon (b) (1) of this Section, each participating tenant shall be informed in wri ting, in a form approved by the City, of his or her rights under this Article. (7) In addition to the protections of Subdivision~ (b)(3) and (b) (4) of this section: (A) All nan-purchasing Participating Tenants who are senior citizens or disabled on the date of filing the Tenant-Participating Conversion Application and who personally occupied a rental unit in the qualifying building continuously far at least six (6) months immediately preceding the date of the filing of Tenant-participating Conversion Application shall be given the nonassignable right to continue to personally reside in their unit as long as they choose to do sa subject only to just cause evictions provided that the eviction is not for the purpose of occupancy by the owner, occupancy by any relative of the owner, or for demolition of the unit. In addition, should the maximum allowable rent provision of Article XVIII of this Charter no longer apply, the rent for each such unit - 18 - . . shall be adjusted annually to allow an increase of no more than the increase in the Price Index plus a reasonable, pro rata share of capital improvements for the buildings common areas or agreed to capital improvements for the unit. Within sixty (60) days after the approval of a Tenant-Participating Conversion Application, any senior citizen participating tenant who is entitled to the protections of this Subdivision may designate in writing the name of one person who is entitled to continue living in the rental unit under the same terms as the senior citizen if the senior citizen pre-deceases him or her and if the person designated is residing in the unit at the time of the death of the senior citizen. The person designated by the senior citizen :must be a lawful occupant of the unit, at least fifty-five (55) years of age on the date of the filing of the Tenant-participating Conversion Application, and :must have resided in the unit for a continuous period of six months prior to the filing of the Tenant-Participating Conversion Application. - 19 - . . (B) All other non- purchasing Participating Tenants who personally occupied a rental unit in a qualifying building continuously for at least six (6) months immediately preceding the date filing the Tenant-Participating Conversion Application shall be given the nonassignable right to continue to personally reside in their unit subject only to just cause eviction for a period of five (5) years form the date the first unit is offered for sale. No eviction shall be allowed during this time period except for just cause provided the eviction is not for the purpose of occupancy by the owner, occupancy by any relative of the owner, or demolition of the unit. In addition, during this time period, should the maximum allowable rent provisions of Article XV!I! of this Charter no longer apply, the rent for each unit shall be adjusted annually to allow an increase of no more than the increase in the Price Index plus a reasonable pro rata share of capital improvements for the building's common areas or agreed to capital improvements for the unit. All expire rights upon under this Subsection the termination of shall the - 20 - . . landlord-tenant relationship between the owner and the participating tenant entitled to the protection of this Subsection. For purposes of this Subsection, "Just cause" means one of the reasons set forth in Subdivisions (a) through (g) of Section 1806 of this Charter. This Subsection shall be interpreted in accordance with Santa Monica city Attorney Informal Opinion Number 84-57_ All amendments to this Subsection are declaratory of existing law. (8) Non-purchasing Participatinq Tenants shall not be subiect to eviction pursuant to Government Code section 7060 et seq. (lithe Ellis Act"). ( 9 ) The owner shall pay Tenant-Participating manner required by Article. Conversion Tax in the the this Section 2008 of (10) No owner shall close the first escrow without completinq the repairs and alterations agreed to pursuant to Section 2002(c) (4) of this Article. The time to complete the repairs and alterations may be - 21 - . . extended for a period not to exceed ninety (90) days if the tenant purchasing the first uni t aqrees to the extension and the owner provides a bond approved by the California Department of Real Estate in an amount sufficient to cover the cost of the work yet to be completed. The Building Officer of the City of Santa Monica may authorize a further extension of time to complete the repairs and alterations upon finding that the owner has diliqently souqht to make the repairs durinq the initial extension period and that additional time is reasonably required to complete the work. In addition to any other remedy provided by law, for each consecutive calendar day that an owner fails to complete the repairs and alterations agreed to pursuant to Section 2002(c) (4) in a timely manner, the owner shall be liable to the City in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day for each day thereafter. No penalty imposed under this subsection shall exceed two (2) times the cost of the repairs or alterations that were not timel y - 22 - . . completed by the owner, but ln no event shall the penalty be less than $250.00. (11) Prior to the filing and approval of the Tenant-Participatinq Conversion Application by the Planninq Commission or city Council on appeal, no participating tenant shall offer or agree to release all rights that he or she has to purchase a rental unit in the building in return for receivinq money or other financial consideration from the owner. (12) The requirements of this Section shall be set forth in the Declaration of Covenants, Conditions, and Restrictions, or equivalent document, and shall specifically name the Participating Tenants in each unit entitled to the benefits and protections of this Article. The City shall review and approve for compliance with this Article the covenants, conditions, and Restrictions, or equi valent documents, prior to the approval of any required final subdivision map or final parcel map, or if no such map is required, prior to the filing of the written consent required by SUbdivision (b) (1) of this Section. To the extent applicable, the requirements of this Article - 23 - . . shall be made a part of the rental agreement with the Participating Tenants. (13) The Declaration of Covenants, conditions, and Restrictions, or equivalent document, shall contain a non-discrimination clause in substantially the following form: "No unit owner shall execute or file for record any instrument which imposes a restriction upon the sale, leasing or occupancy of his or her unit on the basis of sex, race, color, religion, ancestry, national origin, age, pregnancy, marital status, family composition, handicap, Acquired Immune Deficiency Syndrome (A.I.D.S.), sexual orientation, or the potential or actual occupancy of minor children. The association shall not discriminate on the basis of sex, race, color, religion, ancestry, national origin, age, pregnancy, marital status, family composition, handicap, Acquired Immune Deficien~y syndrome (A.I_D.S.), sexual orientation, or the potential or actual occupancy of minor children." (14) Tenant-Participating shall expire if The approval of a Conversion Application any required final - 24 - . . subdivision map or final parcel map is not approved within the time periods set forth in the Subdivision Map Act of the state of California, or if no such map is required, if the written consent required by Subdivision (b) (1) is not filed within the required time period. Section 2009 of the city Charter of the City of Santa Monica is amended to read as follows: SECTION 2009. Use of Tax. All monies derived from the Tenant-participating Conversion Tax shall be annually appropriated by the City Council for only the following purposes: (a) In accordance with section 200G(d) of this Article, to assist Low and Moderate Income Households in Tenant-Participating Conversions to purchase or improve their units SUbject to an affordable repayment plan including interest, keyed to future income increases and gains on resale. Priority shall be given to assisting Low and Moderate Income Households in Limited Equity Tenant-Participating Conversions. For at least the first two (2) years from the receipt of the first payment of the Tenant-Participating Conversion Tax under - 25 - -. . this Article, tax proceeds Limited Conversions. (b) Up to one-sixth of the revenues a substantial portion of the shall be used for assisting Equity Tenant-Participating derived from Section 2008 may be used to assist Middle Income Households in Tenant-Participating Conversions to purchase or improve their units if the city council, by five (5) affirmative votes, determines that the needs of Low and Moderate Income Households have been fully satisfied. (c) To assist the City or a nonprofit housing development corporation to purchase units! for which a Tenant Participating Conversion Application has been approved, for lease or resale to Low, Moderate, or Ml.ddle Income Households, provided that any unit so acquired shall be subiect to limited equity resale provisions. (d) To pay for reasonable and necessary costs of administration of programs required to meet the purposes of this Section. section 2018 is added to the City Charter of the City of Santa Monica to read as follows: - 26 - . . SECTION 2018. Conversion. (a) No multifamily residential conversion, whether by condominium, stock cooperative, community apartment, cooperative apartment, or other means, shall be approved unless it is approved in accordance with this Article. Prohibition of Non-TORCA (b) The General Plan of the city shall at all times contain a provision that the Tenant Ownership Rights Charter Amendment shall be the only procedure by which a multifamily residential conversion may be approved. bar070/hpadv - 27 - . EXHIBIT 6 . . . PROPOSAL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO BE SUBMITTED TO THE VOTERS OF A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF SANTA MONICA, CALIFORNIA Section 1816 of the city Charter of the city of Santa Monica is amended to read as follows: section 1816. Below Rents. Threshold (a) Definitions. The following words or phrases as used in this section shall have the following meanings. (1) Below Threshold Rents. Rents below the threshold levels set forth in subsection (a) (2) of this Section. (2) Threshold Rents. Rents which are affordable to households with incomes at or below 70% of the Los Angeles/Long Beach (Los ,Angeles County) statistical Area median ~ncome, adjusted by family size, as published by the U.s. Department of Housing and Urban Development in 1990, increased by the amount of any general adjustments adopted by the Rent Control Board in 1991 and subsequent years. The threshold rent levels on the date of adoption of this section are set forth as follows: Threshold Unit Size Rents 0 bedroom (single) $477 1 bedroom $511 2 bedroom $613 3 bedroom $723 4 bedroom $766 (3) Threshold Rent Adiustment. A rent adjustment from a below threshold rent to a threshold rent. (4) Voluntary Vacancy. For purposes of this Section, vOluntary vacancy shall mean a unit which has been - 1 - . . vacated voluntarily by a tenant or vacated as a result of a lawful eviction for nonpayment of rent. The occurrence of a vacancy in any of the following manners shall not be considered a voluntary vacancy: (i) A vacancy created when an owner or relative who obtained possession of a unit pursuant to City Charter section 1806(h) after April 10, 1990, vacates that unit. (ii) A vacancy that occurs within two years of the filing of a Notice of Intent to Withdraw Residential Rental units pursuant to Government Code Section 7060 et seq. (iii) A vacancy occurs following the withdrawal residential rental units pursuant Government Code Section 7060 et seg. that of to (iv) A vacancy which is the result of harassment by a landlord. (b) Rent Adjustment for Controlled Units with Below Threshold Rents. Upon certification as provided in subsection (c) of this section, the maximum allowable rent on a controlled rental unit with a below threshold rent shall be permitted to be adjusted to the threshold rent level. (c) Conditions of Threshold Rent Adjustment. A threshold rent adjustment shall be authorized by the Rent Control Board only after a landlord obtains certification that the following requirements have been met: (1) The unit is vacant as the result of a voluntary vacancy. (2) The unit complies with all applicable state and local health and safety laws. (3) The landlord has entered into an agreement with the new tenant on a form approved by the Rent Control Board offering the unit to the tenant for a period of at least three years. If the tenant vacates the unit prior to - 2 - . . expiration of the agreement, the rent shall revert to the maximum allowable rent which existed prior to the threshold rent adjustment with any allowable general adjustments, unless the landlord enters into an agreement with the successor tenant for the remainder of the three-year lease period. (d) Subsequent Rent Adiustments. Subsequent to an allowable threshold rent adjustment, a controlled rental unit shall be eligible for general adjustments and individual adjustments authorized by the Rent Control Board. (e) Implementing Requla- tions. The Rent Control Board shall adopt regulations to implement a threshold rent adjustment procedure within ninety (90) days of adoption of this Section. The Rent Control Board may from time to time amend these regulations. ( f) Minimum Requirements. The threshold rent levels contained in subsection (a) (1) of this section represent a minimum level to which the Rent Control Board must allow below threshold rents to be adjusted. The Rent Control Board is not constrained from adopting a higher threshold rent level nor from imposing a condition requiring that up to thirty percent (30%) of the units in each building participating in the threshold rent program be rented to households whose incomes are at or below eighty percent (80%) of the Los Angeles/Long Beach (Los Angeles county) Statistical Area median income, adjusted by family size, as published by the U.s. Department of Housing and Urban Development. Section 1817 is added to the city Charter of the City of Santa Monica as follows: Section 1817. Vacancy. Rent Adjustment Upon (a) Allowable Vacancy Rent Adiustment. Upon certification as provided in subsection (c) of this section, a landlord shall be permitted to increase the then existing maximum allowable rent for a controlled rental - 3 - . . unit by tan percent (10%). However, no more than one vacancy rent adjustment shall be permitted for a particular unit within a forty-eight (48) month period. (b) Voluntary Vacancy. For purposes of this Section, voluntary vacancy shall maan a unit which has been vacated voluntarily by a tanant or vacated as a result of a lawful eviction for nonpayment of rent. The occurrence of a vacancy in any of the following manners shall not be considered a voluntary vacancy. (1) A vacancy created when an owner or relative who obtained possession of a unit pursuant to city Charter Section 1806 (h) after April 10, 1990 vacates that unit. (2) A vacancy that occurs within two years of the filing of a Notice of Intent to Withdraw Residential Rental Units pursuant to Government Code Section 7060 et seg. (3) A vacancy that occurs following the withdrawal of residential rental uni ts pursuant to Government Code Section 7060 et seq. (4) A vacancy which is the result of harassment by a landlord. (c) Conditions of Vacancy Rent Adiustment. A vacancy rent adjustment shall be authorized by the Rent Control Board only after a landlord obtains certification that the following requirements have been met: (1) The unit is vacant as the result of a voluntary vacancy. (2) The landlord has painted the unit and cleaned or replaced carpets, floor coverings and window coverings, and all appliances provided by the landlord are in working order 1 unless it is demonstrated that such maintenance has been performed within the previous six (6) months or it is demonstrated that such maintenance is unnecessary. If window or wall coverings, carpet or floor coverings are more than seven (7) years old, they - 4 - . . shall be demonstrated necessary. replaced unless that replacement it is is not (d) Relationship Between Rent Adiustment on Vacancy and Below Threshold Rent Adiustment. A vacant unit which is eligible for a threshold rent adjustment pursuant to Section 1816 shall also be eligible for a vacancy rent adjustment pursuant to this Section. (e) Implementing Regulations. The Rent Control Board shall adopt regulations to implement a vacancy rent adjustment procedure within ninety (90) days of adoption of this section. The Rent Control Board may from time to time amend these regulations. (f) Minimum Requirements. The allowable vacancy adjustment contained in subsection (a) of this Section represents the minimum percentage adjustment which the Rent Control Board must allow provided a landlord meets the conditions set forth in subsection (c) of this section. The Rent Control Board is not constrained from adopting a higher vacancy rent adjustment nor from imposing differing maintenance conditions so long as the Board in no event requires a greater level of maintenance than is required in subsection (c) as a condition for the vacancy adjustment allowed by subsection (a) of this Section. section 1818 is added to the City Charter of the City of Santa Monica to read as follows: SECTION 1818. Mobilehomes. Within 120 days of the date of adoption of this Section, the Board shall conduct a hearing to determine if this Article as applicable to mobilehornes and trailers is in conformity with the decision of the Ninth Cireui t Court of Appeals in Hall v. City of Santa Barbara, 833 F.2d 1270 (9th cir. 1986), and other applicable decisions. If the Board in connection with this review, or any subsequent review, determines that this Article as applied to mobilehomes and trailers is not in conformity with such decisions, the Board shall adopt conforming regulations. In adopting - 5 - . . conforming regulations, the Board shall consider all available alternatives to secure compliance with court decisions while best protecting the interests of tenants. The Board is empowered, in furtherance of the purposes of this Section, to regulate the resale price of mobilehomes and trailers as an alternative to increasing the controlled rent upon resale of a mobilehome or trailer. section 1819 is added to the City Charter of the city of Santa Monica to read as follows: section 1819. Inconsistent Provisions. sections 1816 and 1817 are inconsistent with and are intended as an alternative to the amendments proposed in the voluntary Vacancy Decontrol and Recontrol Charter Amendment of 1990 initiative. If the measure adopting this section and the Voluntary Vacancy Decontrol and Recontrol Charter AlI1endment of 1990 initiative are both passed by a majority vote thereon, and the measure adopting this section obtains more votes, the provisions of the Voluntary Vacancy Decontrol and Recontrol Charter AlI1endment of 1990 initiative shall be repealed and be of no further force or effect. 11608jhpc - 6 - . EXHIBIT 7 . . . PROPOSAL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO BE SUBMITTED TO THE VOTERS OF A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF SANTA MONICA, CALIFORNIA Section 630 is added to the City Charter of the City of Santa Monica to read as follows: SECTION 630. Inclusionary Housing. The City Council by ordinance shall at all times require that not less than thirty percent (30%) of all mul tifamily-residen- tial housing newly constructed in the City on an annual basis is permanently affordable to and occupied by low and moderate income households. For purposes of this Section, "low income household" means a household with an income not exceeding sixty percent (60%) of the Los Angeles County median income, adjusted by family size, as published from time to time by the United states Department of Housing and Urban Development, and "moderate income household" means a household with an income not exceeding one hundred percent (100%) of the Los Angeles County median income, adjusted by family size, as published from time to time by the United States Department of Housing and Urban Development. At least fifty percent (50%) of the newly constructed units required to be permanently affordable by this section shall be affordable to and occupied by low income households. rmdl148jhpcal - 1 - . EXHIBIT 8 . . . PROPOSAL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO BE SUBMITTED TO THE VOTERS OF A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF SANTA MONICA, CALIFORNIA Section 1820 is added to the City Charter of the City of Santa Monica to read as follows: SECTION 1820. state Owned Property. This Article shall not apply to any property which is part of the State Park System or sovereign tidelands and owned by the State of California on July 1, 1990. rmd1160/hpca1 - 1 - , . . Adopted and approved this 7th day of August, 1990. 0~/~ I hereby certify that the foregoing Resolution No. 8072 (CCS) was duly adopted by the city council of the City of Santa Monica at a meeting thereof held on August 7th, 1990 by the following council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Counci1members: None Abstain: Council!i\e!i\bers: None Absent: Councilmembers: None ATTEST: ~ Y--'~- I , - . ~ /' ~ City Cler. -