SECTION 4. The City Clerk shall transmit to the City Attorney, in accordance with applicable law, a copy of the proposed measure. The City Attorney shall prepare an impartial analysis of the measure, which shall not exceed 500 words in length. The impartial analysis for each measure shall be filed by the date set by the City Clerk for the filing of primary arguments. In accordance with applicable law, not less than 10 calendar days before the City Clerk submits the official election materials for printing, the City Clerk shall make a copy of all applicable elections materials available for public examination in the City Clerk’s office.
SECTION 5. The City Council authorizes its members, as follows, to file written arguments for or against the measure described above and which is contained in Exhibit 1 to this Resolution, which Exhibit is incorporated by reference herein:
FOR: _____________________________________________
AGAINST: _____________________________________________
All written arguments filed by any person in favor of or against the measure, including any rebuttal arguments, shall be accompanied by the names and signatures of
11.B.c
Packet Pg. 315 Attachment: RC-ExC-Resolution Art XVIII (5228 : Rent Control Ballot Measures) the persons submitting the argument as required by applicable law, and any names, signatures and arguments may be filed until the time and date fixed by the City Clerk in accordance with applicable law, after which no change may be submitted to the City Clerk unless permitted by law.
SECTION 6. The City Clerk shall cause the text of the measure, which is contained in Exhibit 1, together with the City Attorney impartial analysis, and any arguments for or against the measure, as well as any rebuttals, to be mailed to all qualified voters with the sample ballots. In addition to other notices and publications required by law, the City Clerk, not less than forty (40) days and not more than sixty (60) days before the General Municipal Election, shall cause the text of the measure to be published once in the official newspaper and in each edition thereof during the day of publication. The City Clerk is authorized to give such notices and to fix such times and dates as are required by law or which are appropriate to conduct properly the election.
SECTION 7. The provisions of Resolution Numbers 11425 and 11426 are referred to and incorporated into this resolution for more particulars concerning the conduct of General Municipal Election to be held on November 8, 2022, and in all respects the election shall be held and conducted as provided for by applicable law.
The City Clerk is authorized and directed to procure and furnish any official ballots, notices, printed materials and all supplies or equipment that may be necessary in order to properly and lawfully conduct the election.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
11.B.c
Packet Pg. 316 Attachment: RC-ExC-Resolution Art XVIII (5228 : Rent Control Ballot Measures)
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
11.B.c
Packet Pg. 317 Attachment: RC-ExC-Resolution Art XVIII (5228 : Rent Control Ballot Measures) Exhibit 1
Section 1806(a)(8)(iv) and (v) of Article XVIII of the City Charter shall be amended to read as follows :
(iv) The landlord or enumerated relative must intend in good faith to move into the unit within thirty (30) sixty (60) days after the tenant vacates and to occupy the unit as a primary residence for at least one year three years.
(v) If the landlord or relative specified on the notice terminating tenancy fails to occupy the unit within thirty (30) sixty (60) days after the tenant vacates or fails to occupy the unit as a primary residence for at least three years, the landlord shall:
A. Offer the unit to the tenant who vacated it.
B. Pay to said tenant all reasonable expenses incurred in moving to and/or from the unit.
Section 1803(e) of Article XVIII of the City Charter shall be amended to read as follows:
Section 1803(e) TERM OF OFFICE: Commissioners shall serve a maximum of two three full terms. These term limits shall not apply to appointed terms, only elected terms.
Section 1803(d) of Article XVIII of the City Charter shall be amended to read as follows:
Section 1803(d) ELECTION OF COMMISSIONERS: Commissioners shall be elected at general municipal elections in the same manner as set forth in Article XIV of the Santa Monica Charter, except that the first Commissioners shall be elected at a special municipal election held within ninety (90) days of the adoption of this Article. The elected Commissioners shall take office on the first Tuesday following their election. If, upon the City Clerk’s determination of the qualified candidates, the number of
11.B.c
Packet Pg. 318 Attachment: RC-ExC-Resolution Art XVIII (5228 : Rent Control Ballot Measures) candidates does not exceed the number of vacant positions, no election will be held and the qualified candidates shall be seated upon swearing in by the City Clerk.
Section 1804(a) Temporary Freeze shall be added to the City Charter (i) Rents shall not be increased during the one hundred-twenty (120) day period following the date of adoption of this Article.
(ii) Notwithstanding Section 1805, the Board may, in its discretion and in order to protect the public’s health and safety, disallow or, alternatively, modify otherwise-allowed annual general adjustments to rent ceilings during a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by the City Council or Director of Emergency Services, unless such individual adjustment is necessary to obtain a fair and reasonable return per the petition process in Section 1805.
11.B.c
Packet Pg. 319 Attachment: RC-ExC-Resolution Art XVIII (5228 : Rent Control Ballot Measures) 1 SANTA MONICA RENT CONTROL BOARD MEMORANDUM
TO: Santa Monica Rent Control Board
FROM: Rebecca Sherman, Acting General Counsel
MEETING: April 28, 2022
RE: Public hearing on proposed Charter amendments
_____________________________________________________________________ Subject Matter
The Board will hold a public hearing and consider whether to recommend to the City Council that the City place on the November 2022 ballot certain amendments to the City Charter and the Rent Control Charter Amendment (RCCA).
The first public hearing on this item was held on April 14, 2022. The Board continued the item to April 28, 2022, to allow for additional opportunity for public input. Staff has conducted additional outreach through public notices in the local newspaper, additional email blasts and social media engagement.
Executive Summary
In November 2022, Santa Monica will hold a general municipal election. For such elections, the Rent Control Board may make recommendations that the City Council place proposed amendments to the Santa Monica City Charter, including the Rent Control Charter Amendment, on the general election ballot.
The Board will hold a public hearing on the feasibility of certain amendments to the Charter: 1) that the City of Santa Monica adopt an amendment to the City Charter requiring the registration of all non-rent-controlled rental units; 2) that Section 1806(a)(8)(iv) of the RCCA be amended to require that an owner intend to occupy the unit for at least three years instead of one year; 3) that Section 1803(e) of the RCCA be amended to allow Commissioners to be elected to a maximum of three full terms to align with City elected officials; and 4) that Section 1803(d) of the RCCA be amended to state that an election need not be held if the number of qualified candidates does not exceed the number of open board positions.
The Board will consider whether to recommend an amendment to City Charter Article XXIII, which governs the City’s housing policies. Currently, this section of the City Charter does not include a requirement for owners to register rental units not subject to the RCCA. Such a requirement, if recommended, should be Item 11
11.B.d
Packet Pg. 320 Attachment: RC-ExD-042822 RC staff report (5228 : Rent Control Ballot Measures) 2 incorporated into the City Charter and city processes since the RCCA already governs rental units subject to the Rent Control Law and requires owners to register those units with the Rent Control Agency.
The Board will also consider whether to recommend an amendment to the RCCA to increase from one year to three years the amount of time that an owner must intend to reside in their unit before being allowed to evict an existing tenant.
Finally, the Board will consider whether to recommend amendments to the RCCA regarding elections to align with term limits of the City Charter and improve election efficiency.
Discussion
a. Registration of rental units not subject to the Rent Control Law.
State restrictions on a local government’s ability to regulate rents across tenancies or to update local ordinances to apply rent control to buildings built after the adoption of the local law (April 1979 in Santa Monica) have substantially hobbled local entities’ efforts to ameliorate the worsening affordable housing crisis. Most new housing units are market rate units that are exempt from local rent control laws and, therefore, do not improve local housing’s affordability. And despite the claims of developers, simply increasing the supply of housing has not resulted in lower market rents. In fact, just the opposite is true: rental rates continue to increase even as the market-rate housing supply grows. Moreover, as rent-controlled units continue to be withdrawn from the rental market through the Ellis process and demolished and replaced with exempt units, the balance continues to shift toward fewer controlled units.
These state laws have led to a two-tiered system in which some tenants enjoy protections from large, unpredictable rent increases while others’ rents are limited only by a one-size-fits-all state law with no local enforcement mechanism.
Requiring the registration of all rental units could assist the City in a greater understanding of the scope of the affordable housing crisis in Santa Monica and in determining more effective ways to mitigate its impact, an impact that is driving housing instability, displacement, and greater numbers of the unhoused population.
i. Existing law
All units subject to the RCCA must be registered with the agency. Owners must provide information related to unit size, base rent, amenities and other basic information. In addition, units must be re-registered following a vacancy and re-rental. In this way, the agency obtains basic information about each rental unit to allow it to administer and enforce the law more effectively. This information also helps inform the agency about rental rates and trends as well as
11.B.d
Packet Pg. 321 Attachment: RC-ExD-042822 RC staff report (5228 : Rent Control Ballot Measures) 3 the loss/gain of controlled units and the effectiveness of measures to maintain and increase the controlled rental housing stock.
Currently, unlike the RCCA, the City Charter does not require registration of non-controlled units. Like the registration requirements for controlled units, registration of uncontrolled units would assist city officials in monitoring and mitigating the affordable housing crisis and ensure that the tenant protections in the City Charter are followed. Moreover, with the state limits on rent increases and eviction protections, tenants would be better informed as to their rights.
To accomplish this, Article XXIII of the Santa Monica City Charter could be amended to require owners to register with the City non-controlled rental units.
Article XXIII governs the City’s housing policies, including tenant protections, in non-controlled rental units.
ii. Other jurisdictions
Most jurisdictions with some form of rent control or tenant protections require the registration of rental units. The table below illustrates the requirements of some of these cities.
Jurisdiction Type of units Initial
registration? Re-registration?
West Hollywood Controlled units Yes Upon vacancy and re-rental Los Angeles Controlled units Yes Annual
LA County Controlled units Yes Annual
Culver City All rental units Yes
Annual, upon new tenancy
and changes in housing
services
Berkeley Controlled and partiallyexempt units Yes Upon vacancy and re-rental; annually for PE units
Beverly Hills Controlled units Yes Upon vacancy and re-rental
11.B.d
Packet Pg. 322 Attachment: RC-ExD-042822 RC staff report (5228 : Rent Control Ballot Measures) 4 iii. Other considerations
The requirement to register rental units and provide basic information such as the rental rate, ownership details, occupancy dates and amenities is not a new concept. In fact, most jurisdictions that provide any tenant protections either in the form of rent limits or just-cause eviction protections require the registration of rental units to gauge the effectiveness of the laws and to aid in enforcement.
These requirements have been in place for decades in some jurisdictions, including Santa Monica. The RCCA has required the registration of rental units since its enactment.
And courts have consistently upheld these requirements as squarely within the bounds of a local entity’s police powers and as Constitutional regulations of the provision of housing. As recently as 2020, the 9th Circuit Court of Appeals in Hotop v. City of San Jose unanimously upheld San Jose’s ordinance requiring initial and annual registrations of rental units against a challenge on Constitutional grounds.1 Plaintiffs claimed that the rent registry violated the 4th, 5 th and 14th amendments to the Constitution as well as the Contracts Clause. In rejecting the 4th amendment claim, the Court noted that no information was being disclosed that wasn’t already provided in other contexts under regulations that hadn’t been challenged. The Court also found there was no per se taking and no facts that would plausibly assert a regulatory taking under the 5th amendment.
Finally, the Court rejected the contracts clause allegation for failure to state a claim and the 14th amendment claim for the failure to show that the ordinance’s distinctions could not survive rational basis review.
Here, the factual and legal landscape is similar to that in the Hotop case.
The information sought is the same or similar as that which is already required for controlled units. And as in San Jose, the proposal would require information pertinent to the regulation of rental housing and the enforcement of existing laws.
Similarly, in 2019, the federal district court granted the City of Beverly Hills’ motion to dismiss against AAGLA, who had brought suit under 42 USC section 1983 for that city’s registration requirements.
In the cases cited above, the Courts uniformly rejected challenges to registration requirements based on privacy concerns. San Francisco Apartment Association v City and County of San Francisco, 881 F.3d 1169, 1178-1179 (9th Cir. 2018) involved a challenge to a San Francisco ordinance requiring certain disclosures regarding buyout offers. The Court noted that information already publicly available is not protected by the right to privacy under the California Constitution and because information that is routinely submitted to the government, such as the landlord's name and contact information, the property 1 982 F.3d 710 (2020); see also San Francisco Apartment Association v. City and County of San Francisco, 881 F.3d 1169 (9th Cir. 2018).
11.B.d
Packet Pg. 323 Attachment: RC-ExD-042822 RC staff report (5228 : Rent Control Ballot Measures) 5 address, information about proposed expenditures where applicable, the current rent for each unit, detailed rental history, and the like, is regularly made publicly accessible, there is no reasonable expectation of privacy in such information.
Hoptop v. City of San Jose, discussed above, reached the same result when considering a local rent registry ordinance. And AAGLA v. Beverly Hills, U.S.D.C.
Central District, Case No. CV 18-6840 PSG (Ex). addressed the same issue, with the same result.
iii. Potential requirements for a rent registry for noncontrolled units in the City Charter, Article XXIII Article XXIII of the Santa Monica City Charter provides, among other things, eviction protections for tenants living in uncontrolled rental units. Section 2302(a) defines Nonrentcontrolled rental units as: “All residential rental units in the City of Santa Monica except those units that are subject to rent control pursuant to Article XVIII of this Charter or are single-family homes.” Section 2305, titled “Implementation”, describes the broad authority of the City Council to “protect community health, safety and welfare by, among other things, adopting ordinances, resolutions or regulations to implement and effectuate the provisions of this Article, including, but not limited to, provisions relating to exemptions, just cause, notices, comparability of units, and good faith. Additionally, the City Council may create any administrative mechanisms it deems necessary for this Article’s implementation.”
Requiring the registration of uncontrolled rental units that are subject to this Article could arguably be accomplished through an ordinance or regulation since it could reasonably be construed as a mechanism to ensure that landlords are adhering to the just cause provisions. An annual registration requirement along with a requirement to explain the reasons for changes in tenancy could greatly enhance these tenant protections.
Alternatively, the City Council could propose an amendment to the City Charter to require registration of these uncontrolled rental units. A new section could be added to Article XXIII requiring that the units subject to this article must be registered as set forth in the section and accompanying regulations. The City could also require that rental units subject to Article XXIII be registered annually to ensure rental rates and vacancy/tenant information is kept current. The City could also require registrations to be updated upon a new tenancy or changes in housing services as Culver City has done.
As part of the annual registration, the City could require owners to provide some or all of the following information: 1) occupancy status and commencement date of the current tenancy; 2) the amount of rent the current tenant is paying; 3) the reason the prior tenant vacated the unit, if known; 4) the water/utility metering
11.B.d
Packet Pg. 324 Attachment: RC-ExD-042822 RC staff report (5228 : Rent Control Ballot Measures) 6 status of the unit; 5) the amenities provided with the tenancy; 6) any changes in ownership information; and 7) any other information the City deems necessary.
To cover the reasonable expenses necessary to administer the rent registry and provide counseling services, the City could establish an annual per unit fee that would be charged to property owners.
A new section, 2304.5, could be added to read:
2304.5 Registration of nonrentcontrolled rental units
(a) Registration required. Upon issuance by the City of Santa Monica of a valid written Rent Registration certificate, as set forth in this Section 2304.5, no Landlord shall demand or accept Rent for a Nonrentcontrolled Rental Unit (NRU) without first serving on the Tenant, or displaying in a conspicuous place, such Rent Registration certificate.
(b) Registration Process.
(1) A Landlord shall provide Rent amount and Tenancy information for every Rental unit on a Rent Registration form provided by the City. The Rent Registration form shall be submitted on a date to be determined by the City and on that date each year thereafter. Registration is complete only when all of the following information is provided: ownership information; property information; year built and certificate of occupancy date; number of bedrooms and bathrooms for each NRU; the amount of Rent in effect at the time of registration; a description of housing services; water/utility metering status of the unit; and the property vacancy rate. If any NRU has been vacant for more than 30 days, the Landlord shall provide the date of vacancy and an explanation for the vacancy. (2) Every NRU Rent Registration certificate shall be updated annually, as required by Section 2304.5(b)(1), upon a new tenancy, or when there are changes in housing services.
(3) If an NRU is vacant for more than 30 days, the Landlord shall provide a certification to the City of the duration of the vacancy, and that the NRU shall be secured against unauthorized entry.
(4) For every property for which a Landlord is required to procure a Rent Registration certificate pursuant to this section, the Landlord shall post a notice in a form provided by the City, providing information about this Subchapter 2304.5 and City contact information. Notices must be posted in a conspicuous location in the common area, at the entry or entries to the building or units, or other similar location or locations as necessary to provide Tenants a reasonable opportunity to view the notice. If there is no common area or similar location, this requirement
11.B.d
Packet Pg. 325 Attachment: RC-ExD-042822 RC staff report (5228 : Rent Control Ballot Measures) 7 may be satisfied by mailing the notice to each Tenant of the building, by certified mail, return receipt requested. The notice shall be written in English and Spanish, and in any other languages as required by the City.
(c) Notice of Rent information deficiencies and opportunity to cure; Appeals; and Final Administrative Decision.
(1) The City shall provide written notification to the Landlord of a failure to comply with this section and allow fifteen (15) calendar days to respond. The City shall not issue a Rent Registration certificate for the NRU until the Landlord has substantially complied by providing the rental information as required by this section.
(2) Any Landlord disputing the City’s notification of deficient registration may file a written appeal with the Director within ten (10) calendar days of the date of the notice of deficiency. The Director shall provide a written notice within thirty (30) calendar days of its appeal decision, which shall be a final administrative decision.
(d) Registration fee.
(1) A fee for the registration of NRU’s may be established by resolution of the City Council. Such fees are intended to recover the City’s reasonable costs associated with the administration and enforcement of this section. (2) A Landlord may pass through to the Tenant fifty percent (50%) of the initial fee for the registration of the Tenant’s NRU (the pass-through fee) if such Tenant continuously occupied the NRU during the period covered by the completed registration. The City may establish applicable conditions and procedures governing the pass-through. The pass-through fee is not considered Rent and should appear as a separate line item on the Rent statement. A Landlord may collect a maximum of one-twelfth (1/12) of the pass-through fee per month.
b. Good faith requirements for owner-occupancy evictions The RCCA prohibits evictions of tenants except as enumerated in the law.
Owners or qualified relatives who wish to move into their units and reside there permanently may evict current tenants to do so, but only if they meet the requirements set forth in the RCCA. One of those requirements is that the owner or relative “intend in good faith to move into the unit within thirty (30) days after the tenant vacates and to occupy the unit as a primary residence for at least one year.”2
2 RCL Section 1806(a)(8)(iv).
11.B.d
Packet Pg. 326 Attachment: RC-ExD-042822 RC staff report (5228 : Rent Control Ballot Measures) 8 The Board will hear input from the public on the feasibility of requiring owners or their qualified relatives to intend to occupy the unit for at least three years, instead of one year, upon evicting an existing tenant. The purpose of placing both a requirement to occupy the unit within a certain time frame and a good faith intent to live there for a certain period is to ensure that the eviction is not used as a pretext for the owner to rent the unit to a new tenant paying market rates. i. Existing tools to prevent sham evictions and their
effectiveness.
Currently, if an owner or relative fails to move into the unit within 30 days, the landlord is required to re-offer the unit to the displaced tenant and pay the tenant any expenses incurred in the unlawful displacement.3 Moreover, owners cannot set a new initial rent for the first tenancy following an owner-occupancy eviction; the Maximum Allowable Rent (MAR) for this tenancy is the same MAR as the previous tenancy.
4 Other protections include a requirement that the owner offer to the displaced tenant any unit that becomes vacant within a year of the tenant’s displacement, including the unit from which the tenant was evicted.5 The Board also has the ability to determine whether the first tenancy is a legitimate tenancy or a sham, in which case the landlord cannot set the initial rent for a subsequent tenant.
6 The table below illustrates the rate of evictions for owner-occupancy in the 5 years preceding the current COVID-19-related eviction moratoria, the current status of the units, and whether they have been re-rented. This information is based upon copies of eviction notices filed with the agency, notices of ownership changes and vacancy unit registrations.
Notices by year
from 2015 to
2019
Avg property
size Current status Rent still restricted? New tenancy? 2019 - 5 4 units 1 sold to new
owner
Yes 1 – May 2020
2018 - 7 5 units 1 Ellis, 1 sold to
new owner
6 restricted; 1
market
1 – 2020; 2021
(market rate)
2017 - 11 5 units 3 sold to new
owners
8 restricted; 3
market
5 new tenancies: 1-
2018, 4-2019
3 RCL Section 1806(a)(8)(v).
4 Regulation 3301(b)(1).
5 Regulations 9002(d)(4) and 9002(g).
6 Regulation 3301(k).
11.B.d
Packet Pg. 327 Attachment: RC-ExD-042822 RC staff report (5228 : Rent Control Ballot Measures) 9 2016 - 7 5 units 6 sold to new
owners
3 restricted; 4
market
6 new tenancies: 1-
2016; 3-2018; 1-
2019; 1-2021
2015 - 5 3 units 3 sold to new
owners
Yes None
There are two instances of the re-rental of a formerly owner-occupied unit at the year mark, but more typical is the re-rental around two years or later. There does not seem to be a pattern as to the frequency of re-rental following an owner-occupancy exemption. The units that were owner-occupied in 2016 have mostly been re-rented while the units owner-occupied in 2015 all remain owneroccupied.
It is important to note that the good faith requirement to intend to live in the unit for a certain period of time serves as evidence of bad faith in an enforcement proceeding if the owner or relative moves out before the requisite time period is up. Such evidence is typically supported by other evidence to show that the eviction was carried out in bad faith.
ii. Good faith requirements in other jurisdictions
The table below illustrates the requirements for other jurisdictions.
Jurisdiction Time to
occupy unit
Period of
residency
Evidence of
bad faith
Right to return if
vacated within
period?
West
Hollywood 90 days 12 consecutive months
Rebuttable
presumption
Yes, if re-offered
for rent
Los Angeles 3 months 2 consecutive
years
Yes Yes, if tenant
notified owner
LA County 60 days
3 years unless
extenuating
circumstances
Yes Yes
Culver City 3 months 36 months Yes No
Berkeley 3 months 36 consecutive
months Yes Yes
11.B.d
Packet Pg. 328 Attachment: RC-ExD-042822 RC staff report (5228 : Rent Control Ballot Measures) 10 iii. Potential impact of extending length of residency requirement
The residency requirement is a statement of intent before owners can evict a tenant using this section. So, if this change is made, an owner would have to declare an intention to reside in the unit for at least three years. An owner who vacates the unit within that time period would be presumed not to have acted in good faith in evicting the tenant under this section.
Based on past practices, staff has found that the agency’s most effective tool in deterring sham evictions has been the bar to setting a new initial rent for the first tenancy following an owner-occupancy eviction as well as the tenant’s right to re-rent the unit if the owner vacates it within a year. The requirement to reregister the unit when it is re-rented allows the agency to enforce the limits on the MAR as well as to determine whether the tenancy itself is legitimate.
To implement this change, RCCA Section 1806(a)(8)(iv) would be amended to read:
(iv) The landlord or enumerated relative must intend in good faith to move into the unit within thirty (30) days after the tenant vacates and to occupy the unit as a primary residence for at least one year three years.
To strengthen this requirement, the Board could also require owners to reoffer the unit to the displaced tenant if the owner vacates the unit within three years. In addition, currently, owners must move into the unit within 30 days after a tenant vacates. If the owner fails to take possession within 30 days, the owner must re-offer the unit to the displaced tenant. Many owners who genuinely intend to occupy the unit as their primary residence find it difficult to make the transition that quickly. And most jurisdictions allow at least 60 days for owners to move into the unit after the tenant vacates.
To implement these changes, Section 1806(a)(8)(v) could be amended as follows:
(v) If the landlord or relative specified on the notice terminating tenancy fails to occupy the unit within thirty (30) sixty (60) days after the tenant vacates or fails to occupy the unit as a primary residence for at least three years, the landlord shall:
A. Offer the unit to the tenant who vacated it.
B. Pay to said tenant all reasonable expenses incurred in moving to and/or from the unit.
11.B.d
Packet Pg. 329 Attachment: RC-ExD-042822 RC staff report (5228 : Rent Control Ballot Measures) 11 c. Election administration
Term limits
RCCA Section 1803(e), Term of Office, states “Commissioners shall serve a maximum of two full terms.” The Santa Monica City Charter also sets term limits for its councilmembers. Article VI, Section 600 allows councilmembers to serve up to three terms. For both agencies, terms are four years. The City Charter also states that term limits apply to appointed terms as well as elected terms. The RCCA does not specify whether appointed terms count toward the term limits.
In order to align with the City Charter and to have greater efficiency and cost reductions in the administration of elections, the Board proposes that the RCCA be amended as follows:
Section 1803(e) TERM OF OFFICE: Commissioners shall serve a maximum of two three full terms. These term limits shall not apply to appointed terms, only elected terms.
Election efficiency
Currently, the RCCA requires that an election be held even if there are only as many candidates as open Board positions. The Board could propose an amendment to the RCCA that an election is not necessary when the number of qualified candidates does not exceed the open positions. To accomplish this, Section 1803(d) could be amended as follows:
Section 1803(d) ELECTION OF COMMISSIONERS: If, upon the City Clerk’s determination of the qualified candidates, the number of candidates does not exceed the number of vacant positions, no election will be held and the qualified candidates shall be seated upon swearing in by the City Clerk. The elected Commissioners shall take office on the first Tuesday following the general municipal election.
Conclusion
Following the public hearing and after consideration of public input, the Board can determine whether to recommend these changes to the City Council. To ensure the City Council has adequate time to consider any recommended changes, they should be forwarded to the City Council no later than mid-May.
11.B.d
Packet Pg. 330 Attachment: RC-ExD-042822 RC staff report (5228 : Rent Control Ballot Measures) 1 SANTA MONICA RENT CONTROL BOARD MEMORANDUM
TO: Santa Monica Rent Control Board
FROM: Alison Regan, General Counsel
MEETING: June 9, 2022
RE: Public hearing on proposed Charter amendment to give the Board discretion to suspend rent increases during a declared emergency _____________________________________________________________________ Subject Matter
The Board will hold a public hearing and consider whether to recommend to the City Council that the City place on the November 2022 ballot an amendment to the Rent Control Charter Amendment (RCCA) giving the Board discretion to suspend the annual general adjustment during certain declared emergencies.
Executive Summary
In November 2022, Santa Monica will hold a general municipal election. For such elections, the Rent Control Board may make recommendations that the City Council place proposed amendments to the Santa Monica City Charter, including the RCCA, on the general election ballot.
The Board will hold a public hearing on the feasibility of an amendment to the RCCA to provide the Rent Control Board the authority to suspend the annual general adjustment in order to protect the public’s health and safety during a declared state of emergency.
Discussion
a. The Board does not currently have the authority to alter or suspend the General Adjustment in an emergency.
It is well-settled that the Rent Control Board derives its authority solely from the language of the Charter. Administrative bodies, such as the Board, do not have general police powers and cannot act in a way that contravenes the instrument from which they were created.1
1 Ocean Park Associates v. Santa Monica Rent Control Bd. (2004) 114 Cal.App.4th 1050, 1064, quoting from Kerr’s Catering Service v. Department of Industrial Relations (1962) 57 Cal.2d 319, 329-330. In Ocean Park, the Court struck down the Board’s practice, not provided for by Item 11D
11.B.e
Packet Pg. 331 Attachment: RC-ExE-060922 RC staff report (5228 : Rent Control Ballot Measures) 2 The Board, unlike the Governor, a city, or a county, has not been granted emergency powers. The Board is not the governing body of the City of Santa Monica, and for that reason has no emergency powers under the Emergency Services Act. Nor does any other state law grant emergency powers to a municipal administrative agency; so the Board’s emergency powers, if any exist, must be found in the statute that created it, the City Charter. But nothing in the City Charter, from which the Board solely derives its authority, grants it such powers. To the contrary, the Board’s powers are circumscribed by the Charter, which lists only 15 things that the Board may or must do.2 One of those things is “to make adjustments in the rent ceiling in accordance with [Charter] section 1805”, under which the adjustment is made according to a mandatory formula.
Section 1805 sets out the formula by which the Board must “announce” the annual adjustment to rent ceilings to controlled units. Nothing in that section allows the Board to alter that formula or suspend otherwise-allowed rent increases.
b. Proposed Charter amendment would give the Board authority to suspend rent increases in an emergency.
The global pandemic due to COVID-19 has caused unprecedented hardships, disruptions and long-term impacts that continue to affect Santa Monica’s residents. While there has been some relief in the form of an eviction moratorium, rental assistance and other efforts to prevent displacement, those programs are winding down while the pandemic’s impacts continue to be felt.
Inflation rates continue to spike and rising costs are hampering residents’ ability to recover from the loss of income and unexpected expenses that many experienced during the pandemic’s first two years. Meanwhile, COVID-19 cases are increasing even as mitigation measures, such as masking and social distancing, are no longer required.
Other rent stabilization jurisdictions have been able to adjust to these conditions by implementing temporary freezes on rent increases for controlled units.3 Because these jurisdictions are not Charter cities, they have the flexibility to enact measures through ordinance changes passed by the governing body. the Charter, of allowing the Administrator to file rent decrease petitions on behalf of all tenants in a building when an individual petition revealed the presence of a common-area issue. 2 SMMC § 1803(f). See, also, Westsiders Opposed to Overdevelopment v. City of Los Angeles (2018) 27 Cal.App.5th 1079, 1086 (“A charter city may not act in conflict with its charter, and any act that is … not in compliance with the charter is void [citation]. A city charter operates as a limitation over all the municipal affairs which the City is assumed to possess; it is not a grant of power.”)
3 See, e.g. City of Los Angeles and City of West Hollywood
11.B.e
Packet Pg. 332 Attachment: RC-ExE-060922 RC staff report (5228 : Rent Control Ballot Measures) 3 By contrast, changes to Santa Monica’s Charter can only be accomplished by a vote of the citizens of Santa Monica.
The proposed amendment would give the Board the discretion to respond to future public health emergencies by suspending otherwise-allowed annual general adjustments if such a suspension is necessary to protect the public’s health and safety. The proposed amendment is not a blank check; this authority could only be utilized during a declared state of emergency. The Board would also be required to make findings that the public’s health and safety is at risk and that implementing a rent increase freeze, or modifying the otherwise-allowed increase, would mitigate the risks of displacement and the attendant public health harms. Moreover, an owner would still be able to petition for a rent increase if the inability to impose the general adjustment would prevent the owner from obtaining a fair and reasonable return.
This amendment would provide the Board with the authority, which the Charter does not currently provide, to address a future public health crisis and its financial impacts.
Conclusion
Following the public hearing and after consideration of public input, the Board can determine whether to recommend this change to the City Council. To ensure the City Council has adequate time to consider any recommended changes, they should be forwarded to the City Council no later than mid-June. Proposed language for the amendment is attached to this staff report as Exhibit A.
11.B.e
Packet Pg. 333 Attachment: RC-ExE-060922 RC staff report (5228 : Rent Control Ballot Measures) Exhibit A
Proposed language for Board authority to deny rent increases during states of emergency:
Section 1804(a) Temporary Freeze
(i) Rents shall not be increased during the one hundred-twenty (120) day period following the date of adoption of this Article.
(ii) Notwithstanding Section 1805, the Board may, in its discretion and in order to protect the public’s health and safety, disallow or, alternatively, modify otherwise-allowed annual general adjustments to rent ceilings during a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by the City Council or Director of Emergency Services, unless such individual adjustment is necessary to obtain a fair and reasonable return per the petition process in Section 1805.
Exhibit A
11.B.e
Packet Pg. 334 Attachment: RC-ExE-060922 RC staff report (5228 : Rent Control Ballot Measures) City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 11.C
1 of 6
To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department Subject: Adoption of a Resolution Placing a Ballot Measure on the November 8, 2022 Ballot to Amend Section 1011 of the City Charter
Recommended Action
Staff recommends that the City Council adopt the attached resolution (Attachment A) submitting to the voters a measure amending City Charter Section 1011 to change the eligibility requirements for service on the Personnel Board to include, in addition to City residents, residents of Los Angeles County who are natural persons and are either employed full-time within the City, or who own real property in the City, or who have been issued a business license by the City, and to reduce the term of service for Board members from five years to four years; and to direct actions necessary to place the measure on the November 8, 2022 Municipal ballot.
If the resolution placing an amendment to Section 1011 of the City Charter on the November 8, 2022, ballot (Attachment A) is approved, staff also recommends that the Council authorize City Council members to file written arguments for or against the measure and direct the City Attorney to prepare an impartial analysis.
Executive Summary
Consistent with the City’s efforts to expand civic engagement and promote inclusive participation in the civic process, staff recommends that the City Council adopt a resolution to place a measure on the November 8, 2022, general election ballot amending the City Charter’s Personnel Board eligibility requirements to include in addition to City residents, individuals that live in Los Angeles County and are either employed full time in the City of Santa Monica, or own property in the City, or have been issued a business license by the City. Staff also recommends amending the term of service for Personnel Board members from five years to four years to make the position more attractive to prospective applicants and to align Personnel Board member terms
11.C
Packet Pg. 335
2 of 6
with the terms of the members of other City boards and commissions. This recommendation aligns the Personnel Board with several other City Boards and Commissions that have less restrictive membership requirements.
Background
The Personnel Board is a 5-member advisory body to the City Council and Human Resources Director on matters pertaining to personnel administration and is a quasijudicial review body for hearing employee appeals of certain disciplinary actions. In conducting its business, the Board considers the rights and interests of City employees, the City administration and the citizens and taxpayers of Santa Monica.
From September 2018 to the present, four Personnel Board members had reached their term limit. At one point, four out of the five members on the Board were serving past their term. Given the importance of the Board’s work to the administration of City personnel by the Human Resources department, these Board members were asked by staff to continue their service until a replacement could be appointed. Staff believed this to be necessary to ensure that the requisite quorum was present for the Board to continue performing its essential functions under the City’s Charter and Municipal Code, including the review and approval of new or amended job class specifications and the prompt resolution of City employee disciplinary appeals.
Given the past challenges with recruiting new members, the Personnel Board discussed at its regular meetings on May 27, 2021, July 22, 2021, March 3, 2022, and March 24, 2022, the difficulty staff has had with convincing residents to apply for appointment to the Personnel Board. Furthermore, recruitment efforts since September 2018 have resulted in only two successful applicants that would eventually be appointed by the City Council to serve on the Board. In 2021, following the Council’s announcement at one of its regular meetings of open Personnel Board positions, the City received only three applications. Staff was expecting more applications in order to present the City Council with a more diverse applicant pool.
11.C
Packet Pg. 336
3 of 6
Discussion
To gain a better understanding of why residents were not applying to serve on the Personnel Board, the Board requested City staff to undertake a comprehensive review of the Personnel Board’s eligibility requirements for service. Staff’s assessment revealed that approximately nine City boards or commissions have less restrictive and more inclusive eligibility requirements that allow for City residents and non-residents to apply for and serve on those boards and commissions. Staff identified the Architectural Review Board, Arts Commission, Building and Fire-Life Safety Commission, Commission on Sustainability, Environmental Justice, and the Environment, Urban Forest Task Force, Santa Monica Pier Corporation, and Downtown Santa Monica, Inc. as having less restrictive and more inclusive eligibility requirements than those of the Personnel Board.
Currently the City Charter limits eligibility to serve on the Personnel Board to only those persons that are “residents of the City.” This limitation has proven too restrictive to recruit new Board members and that has resulted in staff having difficulty ensuring that the Board has a sufficient number of members to allow it to fulfill its essential functions.
Furthermore, staff’s review also revealed that other City boards and commissions have a standard 4-year term for service instead of the current 5-year term for Personnel Board members. Staff believes that a 5-year term is too lengthy of a commitment and that reducing this commitment will be more appealing to prospective applicants.
Prior to recommending a change to its eligibility requirements, the Personnel Board requested staff to enhance its recruitment and promotion efforts for vacant board positions in addition to the standard City Clerk postings that staff regularly performed.
Board members themselves participated in the recruitment by networking with personal and professional relationships and gauging interest. Staff also sent email advertisements to the various neighborhood association groups that the City has a relationship with and posted the vacant positions on several City social media accounts.
Staff even enlisted the assistance of the Council which allowed for the vacant Personnel Board positions to be announced at one of the council meetings from the dais.
11.C
Packet Pg. 337
4 of 6
Current Policies
The City Charter as it relates to the Personnel Board states the following:
Article X, Section 1011. Personnel Board.
There shall be a Personnel Board consisting of five members to be appointed by the City Council from the residents of the City. To be eligible for appointment, each appointee shall neither hold public office or employment nor be a candidate for any other public office or position and shall not be an officer of any local, state, or national partisan political club or organization.
The members of the Personnel Board shall serve for a term of five years and until their respective successors are appointed and qualified. The terms of such members shall be staggered so that the term of one thereof shall expire on each succeeding July 1st. Any vacancy on the Board shall be filled by the City Council for the unexpired term. (Amended by Ord. No. 1051CCS, adopted April 12, 1977; amended at General Municipal Election, November 6, 2018, certified by Res. No. 11154CCS) Given the challenges recruiting candidates for the Personnel Board over the last several years, staff recommends expanding the membership qualifications. Staff also believes this is an important strategy in having a Personnel Board membership reflective of the diversity of City staff. Although the Personnel Board takes pride in having members that live in the same community that it serves, Board members recognize that opportunities to attract competent, diverse, and interested applicants are being lost by limiting recruitment to those that only live within City limits. The City has a demographic makeup that is not reflective of City staff. As of May 2022, 65% of Santa Monica employees are black, indigenous, and persons of color (BIPOC), whereas 77% of the residents of the City of Santa Monica are white. Relaxing or removing the current residency requirement would allow the Board to ensure that its membership can better reflect the City’s workforce.
11.C
Packet Pg. 338
5 of 6
Because the Personnel Board performs an essential function in the administration of City personnel, the City has taken several measures to actively recruit interested parties to apply for service on the Board. Staff’s recruitment efforts are consistent with the City Council’s priorities of supporting civic engagement, connecting communities, and providing the public with access to resources and opportunities. An amendment to the City Charter to expand Personnel Board eligibility requirements from just City residents to also include natural persons who live in Los Angeles County and are employed full-time in the City of Santa Monica, or who own real property in the City, or who have been issued a business license by the City, would foster a welcoming environment and would help address the current recruitment challenges for the Personnel Board. Additionally, amending the eligibility criteria will create greater access to a more diverse pool of prospective civic contributors that can serve on the Personnel Board.
Next Steps
The California Elections Code allows for the City Council to amend the City Charter on its own motion and to submit the proposed amendment to the voters at an established statewide general election, provided there are at least 88 days before the election.
Financial Impacts and Budget Actions
The cost of adding the measure to the November 8, 2022, ballot is included in the FY 2022-23 in the Records & Election Services (City Clerk) Department.
Prepared By: Sasha Sargent, Executive Administrative Assistant Approved Forwarded to Council
11.C
Packet Pg. 339
6 of 6
Attachments:
A. Reso re PB Eligibility Rqmts (7-12-22)
11.C
Packet Pg. 340
1 City Council Meeting: July 12, 2022 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS A MEASURE TO AMEND SECTION 1011 OF THE
CITY CHARTER TO CHANGE THE ELIGIBILITY REQUIREMENTS FOR SERVICE ON
THE PERSONNEL BOARD TO INCLUDE, IN ADDITION TO CITY RESIDENTS,
RESIDENTS OF LOS ANGELES COUNTY WHO ARE NATURAL PERSONS THAT
ARE EMPLOYED FULL-TIME WITHIN THE CITY, OR WHO OWN REAL PROPERTY IN THE CITY, OR WHO HAVE BEEN ISSUED A BUSINESS LICENSE BY THE CITY;
AND TO REDUCE THE TERM OF SERVICE FOR BOARD MEMBERS FROM FIVE
YEARS TO FOUR YEARS
WHEREAS, Section 1011 of the City Charter of the City of Santa Monica has established a Personnel Board that is comprised of City residents and acts in an advisory capacity to the City Council of the City of Santa Monica on all matters concerning the administration of personnel in the Civil Service of the City; and WHEREAS, the Personnel Board is required by the City Charter to, among other things, preside over employee disciplinary appeals and review new or amended classifications of City employee positions in the Classified Service, and to approve those classifications when appropriate before they can be referred to the City Council for final consideration and adoption; and
WHEREAS, the City Charter provides for a term of service of four years for the members of the other City boards and commissions established by the Charter, but requires a term of five years for the members of the Personnel Board; and WHEREAS, on July 24, 2018, the City Council adopted Resolution No. 11129
11.C.a
Packet Pg. 341 Attachment: Reso re PB Eligibility Rqmts (7-12-22) [Revision 1] (5171 : Ballot Measure Resolution 2022- Personnel Board Eligibility) 2 which proposed a measure later approved by the voters and that, among other things, amended Section 1011 of the City Charter to change the eligibility requirements for service on the Personnel Board from “qualified elector” of the City to “resident” of the City in order to support the City’s efforts to expand civic engagement and to facilitate the recruitment of prospective applicants for service on the Board; and
WHEREAS, since 2018 to the present, at least four Personnel Board members had reached their service term limit and—due to the Board’s essential function and the importance of its work for the administration of City personnel —were asked by City staff to continue their service until replacements could be appointed, which resulted in lengthy extended terms of several years for those Board members who graciously agreed to continue their service; and
WHEREAS, despite the City’s ongoing best efforts at promoting public service and at generating interest amongst City residents and other forms of community outreach, there still remains difficulty in recruiting prospective applicants to serve on the Personnel Board; and
WHEREAS, expanding the eligibility requirements for service on the Personnel Board to also include, in addition City of Santa Monica residents, Los Angeles County residents who are natural persons that are employed full-time within the City, or who own real property in the City, or who have been issued a business license by the City; and
WHEREAS, reducing the term for service for Personnel Board members from five years to four years will align the Personnel Board with the City’s other boards and
11.C.a
Packet Pg. 342 Attachment: Reso re PB Eligibility Rqmts (7-12-22) [Revision 1] (5171 : Ballot Measure Resolution 2022- Personnel Board Eligibility) 3 commissions, and will result in a shorter commitment and thus make vacant Personnel Board positions more appealing to prospective applicants; and WHEREAS, pursuant to California Elections Code Section 10403, the City Council has previously requested that the County of Los Angeles consent and agree to the consolidation of all aspects of a General Municipal Election with the Statewide General Election scheduled for Tuesday, November 8, 2022, for the purpose of electing members of the Santa Monica City Council, the Santa Monica Rent Control Board, the Santa Monica-Malibu Unified School District, and the Santa Monica College Community College District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AND PROCLAIM AS FOLLOWS:
SECTION 1. At the General Municipal Election called for November 8, 2022, the following measure shall be submitted to the qualified electors of the City of Santa Monica:
MEASURE "_":
Shall the City Charter be amended to: (a)
expand eligibility requirements for service
on the City’s Personnel Board to include,
in addition to City of Santa Monica
(“City”) residents, residents of Los
Angeles County that are employed fulltime within the City, or own real property in the City, or have been issued a
business license by the City; and (b)
reduce the term of service for Personnel
Board members from five to four years?
YES ________
NO _________
SECTION 2. The City Clerk shall file a certified copy of this resolution with the
11.C.a
Packet Pg. 343 Attachment: Reso re PB Eligibility Rqmts (7-12-22) [Revision 1] (5171 : Ballot Measure Resolution 2022- Personnel Board Eligibility) 4 Board of Supervisors and with the county election department of the County of Los Angeles.
SECTION 3. The City of Santa Monica recognizes that additional costs may be incurred by the County by reason of the addition of this measure to the ballot and agrees to reimburse the County for any additional costs.
SECTION 4. The City Clerk shall transmit to the City Attorney, in accordance with applicable law, a copy of the proposed measure. The City Attorney shall prepare an impartial analysis of it, which shall not exceed 500 words in length. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. ln accordance with applicable law, not less than 10 calendar days before the City Clerk submits the official election materials for printing, the City Clerk shall make a copy of all applicable elections materials available for public examination in the City Clerk's office.
SECTION 5. The City Council authorizes its members, as follows, to file written arguments for or against the measure described above and which is contained in Exhibit 1 to this Resolution, which Exhibit is incorporated by reference herein:
FOR:
AGAINST:
All written arguments filed by any person in favor of or against any measure, including any rebuttal arguments, shall be accompanied by the names and signatures of the persons submitting the argument as required by applicable law, and any names, signatures and arguments may be filed until the time and date fixed by the City Clerk in accordance with applicable law, after which no change may be submitted to the City
11.C.a
Packet Pg. 344 Attachment: Reso re PB Eligibility Rqmts (7-12-22) [Revision 1] (5171 : Ballot Measure Resolution 2022- Personnel Board Eligibility) 5 Clerk unless permitted by law.
SECTION 6. The City Clerk shall cause the text of the measure, which is contained in Exhibit 1, together with the City Attorney’s impartial analysis, and any arguments for or against the measure, as well as any rebuttal, 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 forty (40) days and not more than sixty (60) days before the General Municipal Election, shall cause the text of the measure to be published once in the official newspaper and in each edition thereof during the day of publication. The City Clerk is authorized to give such notices and to fix such times and dates as are required by law or which are appropriate to conduct properly the election.
SECTION 7. The provisions of Resolution Numbers 11425 (CCS) and 11426 (CCS) are referred to and incorporated into this resolution for more particulars concerning the conduct of General Municipal Election to be held on November 8, 2022, and in all respects the election shall be held and conducted as provided for by applicable law. The City Clerk is authorized and directed to procure and furnish any official ballots, notices, printed materials and all supplies or equipment that may be necessary in order to properly and lawfully conduct the election.
SECTION 8. 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:
_____________________
DOUGLAS SLOAN
City Attorney
11.C.a
Packet Pg. 345 Attachment: Reso re PB Eligibility Rqmts (7-12-22) [Revision 1] (5171 : Ballot Measure Resolution 2022- Personnel Board Eligibility) 6 Exhibit 1
Section 1011 of the City Charter is amended as follows:
1011. Personnel Board.
There shall be a Personnel Board consisting of five members to be appointed by the City Council. from the residents of the City. To be eligible for appointment, each appointee shall be a natural person and who is either a resident of the City or is a resident of Los Angeles County that is employed full-time within the City, or owns real property in the City, or has been issued a business license by the City. An appointee shall not hold public office or employment nor be a candidate for any other public office or position and shall not be an officer of any local, state, or national partisan political club or organization.
The members of the Personnel Board shall serve for a term of five four years and until their respective successors are appointed and qualified. The terms of such members shall be staggered so that the term of one thereof shall expire on each succeeding July 1st. Any vacancy on the Board shall be filled by the City Council for the unexpired term.
11.C.a
Packet Pg. 346 Attachment: Reso re PB Eligibility Rqmts (7-12-22) [Revision 1] (5171 : Ballot Measure Resolution 2022- Personnel Board Eligibility) City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 11.D
1 of 4
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Douglas Sloan, City Attorney, City Attorney's Office
Subject: Certification of Qualified Initiative Petition Measure to Establish Added Funding for Homelessness Prevention, Affordable Housing, and Schools and Adoption of Resolution to Place Measure on the November 8, 2022 Ballot Recommended Action
Staff recommends that the City Council:
1. Receive and file the attached Certification of Qualification regarding an Initiative Measure to Establish Added Funding for Homelessness Prevention, Affordable Housing, and Schools by Amending Santa Monica Municipal Code Chapter 6.96 to provide a Third Tier Transfer Tax Rate for Property Transfers of $8,000,000 or more with an Eleven-Member Resident Oversight Committee;
2. Adopt the attached resolution requesting and directing the actions necessary to place the measure on the November 8, 2022 General Municipal ballot.
Executive Summary
On June 15, 2022, an Initiative Measure to Establish Added Funding for Homelessness Prevention, Affordable Housing, and Schools by Amending Santa Monica Municipal Code Chapter 6.96 to provide a Third Tier Transfer Tax Rate for Property Transfers of $8,000,000 or more with an Eleven-Member Resident Oversight Committee was submitted to the Office of the City Clerk and forwarded to the County RegistrarRecorder (“the County) for signature verification. On July 1, 2022, the County notified the City Clerk’s Office that the measure was being certified as containing the required number of signatures for placement on the ballot. At the June 14, 2022 City Council
11.D
Packet Pg. 347
2 of 4
meeting, Council requested a report pursuant to Election Code 9212 from the City Manager on this ballot measure, which will be presented at the July 26th meeting.
Accordingly, staff recommends that Council receive and file the certification and adopt the attached resolution, which requests and directs the actions necessary to place the initiative on the November 8, 2022, ballot.
Discussion
California Elections Code section 9215 authorizes the governing body of a city to place proposed initiative ballot measures on the ballot, the measure shall be submitted to the voters at an established statewide general election occurring in not less than 88 days.
The section establishes that the action of placing the certified petition on the ballot is ministerial, not discretionary. Thus, if the County certifies the petition, the law requires the City Council to send the measure to the voters.
On March 10, 2022, proponents of the measure notified the City Clerk’s Office of their intent to circulate an initiative petition. On March 23, 2022, the City Attorney prepared a ballot title and summary, as required by law, which describes the measure as an Initiative Measure to Establish Added Funding for Homelessness Prevention, Affordable Housing, and Schools by Amending Santa Monica Municipal Code Chapter 6.96 to provide a third tier Transfer Tax Rate for Property Transfers of $8,000,000 or more with an Eleven-Member Resident Oversight Committee. Thereafter, the proponents gathered signatures, and filed their signed petition with the City Clerk’s Office on June 15, 2022.
Upon submittal of the petition, the City Clerk requested the Los Angeles County Clerk/Registrar Recorder (“County Clerk”) verify the signatures submittal therein. In order to qualify the measure for the November 2022 election, the petition needed a minimum of 10% of the registered voters of the city. The registered voter population at the time of publishing was 69,292 and based on that number 6,930 valid signatures were needed for qualification. The County Clerk’s Office has verified that the petitions
11.D
Packet Pg. 348
3 of 4
contain the minimum number of valid signatures required to place the proposed ordinance on the ballot for a public vote.
On July 1, 2022, the County notified the City Clerk that the measure had received the required number of signatures, which is 10% of the voters or 6,930. The County found that 10,363 signatures were filed, three signatures were withdrawn, 8,413 signatures were verified, 6,940 were found sufficient, 1,473 were not found sufficient, and 109 signatures were found not sufficient because the signatures were duplicates. See Attachment C.
The next statewide general election will occur on Tuesday, November 8, 2022. This measure could appear as an additional item on the ballot, which will include other contests, including federal, state, county, and local races and at least five other local measures. Thus, staff recommends that the City Council adopt the attached resolution to place the measure on that ballot.
Next Steps
Next steps are specified as requests and directives in the attached resolution. In summary, once the Council adopts the resolution, arguments for and against the measure will be prepared, the City Attorney will prepare an impartial analysis, and the City Clerk will transmit the materials to the County, which will prepare the ballot. The County will prepare and distribute the voter sample ballot. In addition, the 30-day report will be presented to Council at the July 26th meeting.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Costs related to implementation of the measure is unknown at this time. Funding is available in the FY 2022-23 Adopted Budget in account number 01110002.552010 (Professional Services) under the Elections Division of the Records & Election Services/City Clerk's Department.
11.D
Packet Pg. 349
4 of 4
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:
A. RES Initiative Ballot Measure 07122022 Final
B. Full text
C. Santa Monica_Letter of Findings_7.1.2022
11.D
Packet Pg. 350
1 City Council Meeting: July 12, 2022 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SUBMITTING TO THE VOTERS AN INITIATIVE MEASURE TO AMEND SANTA MONICA MUNICIPAL CODE CHAPTER 6.96 AND ADD CHAPTER 4.90 TO PROVIDE A THIRD TIER TRANSFER TAX RATE FOR PROPERTY TRANSFERS OF $8,000,000 OR MORE
WITH AN ELEVEN-MEMBER RESIDENT OVERSIGHT COMMITTEE
WHEREAS, on June 15, 2022, the City of Santa Monica (“City”) received a petition to submit to the voters an initiative measure amending Santa Monica Municipal Code Chapter 6.96 and adding Chapter 4.90 to provide a third tier transfer tax rate for property transfers of $8,000,000 or more with an eleven-member resident oversight committee; and WHEREAS, under California Elections Code Section 9215(b), the ordinance, without alteration, and proposed by petition of the voters, shall be submitted to the voters at an established statewide general election pursuant to California Elections Code Section 1405, provided there are at least 88 days before the election; and WHEREAS, on June 17, 2022, the City transmitted the petition to the Los Angeles County Registrar-Recorder for signature verification; and WHEREAS, pursuant to California Elections Code Section 10403, the City Council has previously requested that the County of Los Angeles consent and agree to the consolidation of all aspects of a General Municipal Election with the Statewide General Election scheduled for Tuesday, November 8, 2022, for the purpose of electing members of the Santa Monica City Council, the Santa Monica Rent Control Board, the Santa Monica-Malibu Unified School District, and the Santa Monica College Community College District; and
11.D.a
Packet Pg. 351 Attachment: RES Initiative Ballot Measure 07122022 Final [Revision 2] (5239 : Qualified initiative petition) 2 WHEREAS, on July 1, 2022, the Los Angeles County Registrar-Recorder completed the signature verification process and verified sufficient signatures were provided to require the measure to be placed on the ballot; and WHEREAS, the City Council of the City of Santa Monica shall place the following initiative measure on the ballot at the General Municipal Election to be held on November 8, 2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AND PROCLAIM AS FOLLOWS:
SECTION 1. At the General Municipal Election called for November 8, 2022, the following measure shall be submitted to the qualified electors of the City of Santa Monica:
MEASURE "__": Shall the measure
adding Santa Monica Municipal Code
Chapter 4.90 to establish designated
funds for schools, homelessness
prevention, and affordable housing, and
an eleven-member resident oversight
committee, and amending Chapter 6.96
to provide a third tier transfer tax rate of
$56.000 per $1,000 of value for property
transfers of $8,000,000 or more,
providing an estimated $50,000,000
annually for homelessness prevention,
affordable housing, and schools, until
repealed, be adopted?
YES ________
NO _________
SECTION 2. That the City Clerk shall file a certified copy of this resolution with the Board of Supervisors and with the county election department of the County of Los Angeles.
SECTION 3. That the City of Santa Monica recognizes that additional costs may be
11.D.a
Packet Pg. 352 Attachment: RES Initiative Ballot Measure 07122022 Final [Revision 2] (5239 : Qualified initiative petition) 3 incurred by the County by reason of the addition of this measure to the ballot and agrees to reimburse the County for any additional costs.
SECTION 4. The City Clerk shall transmit to the City Attorney, in accordance with applicable law, a copy of the proposed measure. The City Attorney shall prepare an impartial analysis of it, which shall not exceed 500 words in length. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. ln accordance with applicable law, not less than 10 calendar days before the City Clerk submits the official election materials for printing, the City Clerk shall make a copy of all applicable elections materials available for public examination in the City Clerk's office.
SECTION 5. The City Council authorizes its members, as follows, to file written arguments against the measure described above and which is contained in Exhibit 1 to this Resolution, which Exhibit is incorporated by reference herein:
AGAINST:
All written arguments filed by any person in favor of or against any measure, including any rebuttal arguments, shall be accompanied by the names and signatures of the persons submitting the argument as required by applicable law, and any names, signatures and arguments may be filed until the time and date fixed by the City Clerk in accordance with applicable law, after which no change may be submitted to the City Clerk unless permitted by law.
SECTION 6. The City Clerk shall cause the text of the measure, which is contained in Exhibit 1, together with the City Attorney impartial analysis, and any arguments for or against the measure, as well as any rebuttal, 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 forty (40) days and not more than sixty (60) days before the General Municipal
11.D.a
Packet Pg. 353 Attachment: RES Initiative Ballot Measure 07122022 Final [Revision 2] (5239 : Qualified initiative petition) 4 Election, shall cause the text of the measure to be published once in the official newspaper and in each edition thereof during the day of publication. The City Clerk is authorized to give such notices and to fix such times and dates as are required by law or which are appropriate to conduct properly the election.
SECTION 7. The provisions of Resolution Numbers 11425 and 11426 (CCS) are referred to and incorporated into this resolution for more particulars concerning the conduct of General Municipal Election to be held on November 8, 2022, and in all respects the election shall be held and conducted as provided for by applicable law. The City Clerk is authorized and directed to procure and furnish any official ballots, notices, printed materials and all supplies or equipment that may be necessary in order to properly and lawfully conduct the election.
SECTION 8. 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:
______________________
DOUGLAS SLOAN
City Attorney
11.D.a
Packet Pg. 354 Attachment: RES Initiative Ballot Measure 07122022 Final [Revision 2] (5239 : Qualified initiative petition) 5 Exhibit 1
PROPOSED INITIATIVE MEASURE TO AMEND SANTA MONICA MUNICIPAL CODE CHAPTER 6.96 AND ADD CHAPTER 4.90 TO PROVIDE A THIRD TIER TRANSFER TAX RATE FOR PROPERTY TRANSFERS OF $8,000,000 OR MORE WITH AN ELEVEN-MEMBER RESIDENT OVERSIGHT COMMITTEE
11.D.a
Packet Pg. 355 Attachment: RES Initiative Ballot Measure 07122022 Final [Revision 2] (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 356
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 357
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 358
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 359
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 360
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 361
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 362
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 363
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 364
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 365
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 366
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 367
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 368
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 369
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 370
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 371
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 372
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 373
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 374
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 375
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 376
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 377
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 378
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 379
Attachment: Full text (5239 : Qualified initiative petition)
11.D.b
Packet Pg. 380
Attachment: Full text (5239 : Qualified initiative petition)
11.D.c
Packet Pg. 381
Attachment: Santa Monica_Letter of Findings_7.1.2022 (5239 : Qualified initiative petition) City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointments to Nine Seats on the Newly Created Human Services Commission for Two Partial Terms Ending on 6/30/2023, Two Partial Terms Ending on 6/30/2024, Two Partial Terms Ending on 6/30/2025, Two FullTerms Ending on 6/30/2026 and One Full-Term Ending on 6/30/2027 Prepared By: Nikima Newsome, Assistant City Clerk
Approved Forwarded to Council
Attachments:
A. Applicant List_Human Services
16.A
Packet Pg. 382
Revised 7/08/22 at 8pm
City of Santa Monica
Boards and Commissions Applicants
Human Services Commission
Name Application Date
Boyko Buchinsky 6/12/2022
Kelly Creffield 6/30/2022
Alexis M. Hemphill-Elsea 6/17/2022
Tamara S. Kagel 7/04/2022
Marielle A. Kriesel 6/14/2022
Bruce J. Leddy 7/05/2022
Pamela Ramer 6/13/2022
Sonya Wilson 6/13/2022
TOTAL APPLICANTS: 8
*Incumbents listed in red
16.A.a
Packet Pg. 383 Attachment: Applicant List_Human Services (5172 : Appointments to the Human Services Commission (5 mins)) City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 16.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Recommendation to accept Kathleen M. Zadikian's resignation from the Arts Commission and authorize the City Clerk to publish the vacancy.
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:
A. Resignation Email
16.B
Packet Pg. 384
1 Esterlina Lugo
To: Clerk Mailbox
Subject: RE: Resignation letter
From: Kathleen M. Zadikian <[email protected]> Sent: Thursday, June 23, 2022 11:45 AM
To: Michael Masucci <[email protected]>
Subject: Resignation letter
Dear Commissioner Masucci,
With regrets, I have made the decision to resign from my position as Santa Monica Arts Commissioner as well as my membership in the Digital Arts Ad Hoc Committee. I've been struggling with family obligations for the last year and a half due to my mother's illness. After many extended trips to her home, she's moved in with me so I can serve as her full‐time caregiver. It has been overwhelming and I've been unable to attend art related events in Santa Monica and LA and to be involved with public events. I don't feel I've been able to perform my duties and do just service to my post at this time.
It has been truly enjoyable being in the company of the passionate members of the Arts Commission and I look forward to seeing the new projects that will soon be realized in Santa Monica. I have been particularly inspired by your incredible commitment to the work of enriching the city with all arts, and your vision of promoting cutting edge digital art.
Please advise me of the resignation process beyond this notification .
Best Wishes to You and All,
Kathleen Zadikian
16.B.a
Packet Pg. 385 Attachment: Resignation Email (5249 : Arts Commission Resignation (2 mins))