SR 01-22-2019 3D
City Council
Report
City Council Meeting: January 22, 2019
Agenda Item: 3.D
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Correction to the Resolution Establishing Temporary Relocation Fees
Recommended Action
Staff recommends that the City Council adopt a Resolution of the City of Santa Monica
establishing Permanent and Temporary Relocation fees (Attachment A).
Executive Summary
At its meeting on January 8, 2019, Council approved a resolution to increase the
lodging per diem rate associated with temporary relocations. Staff subsequently
discovered an inconsistency between the recommended amount in the January 8, 2019
staff report, and the approved amount included in the adopted resolution. This report
clarifies the discrepancy and recommends the adoption of a resolution to reflect the
accurate lodging per diem rate.
Discussion
Council adopted a resolution updating the temporary tenant relocation fees on January
8, 2019. The January 8, 2019 staff report recommended an increase to the lodging per
diem rate, which is equal to the average of the Santa Monica Travel & Tourism rate of
$255 and the General Services Administration’s rate for Fiscal Year 2018/2019 of
$257.50 plus 14% to account for Transient Occupancy Tax. The adopted resolution
provided a temporary relocation lodging per diem of $256.25, which did not include the
addition of the Transient Occupancy Tax component. Including the Transient
Occupancy Tax component would have resulted in a final rate of $292.13.
Staff recommends the Council adopt the attached resolution (Attachment A), increasing
the lodging per diem to $292.13.
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Financial Impacts and Budget Actions
There is no financial impact or budget action necessary as a result of recommended
action.
Prepared By: Ayde Gonzalez, Neighborhood Preservation Coordinator
Approved
Forwarded to Council
Attachments:
A. Reso - PCD - Tenant Relocation Correction - 01.22.19
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City Council Meeting: January 22, 2019 Santa Monica, California
RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
UPDATING PERMANENT AND TEMPORARY TENANT RELOCATION FEES
WHEREAS, Government Code Section 7060.1(c) authorizes local governments to
mitigate any adverse impact resulting from tenants being permanently displaced from
their homes through no fault of their own; and
WHEREAS, judicial decisions interpreting section 7060.1(c) consistently authorize
monetary payments as a form of mitigation for displaced tenants; and
WHEREAS, the City’s long established temporary and permanent relocation
benefits are vital to Santa Monica tenants, especially to those who must vacate their
homes through no fault of their own, and such benefits are consistent with section 7060.1
and decisional precedents; and
WHEREAS, relocation benefits must be sufficient in amount to reasonably mitigate
the multitude of adverse impacts faced by tenants being permanently or temporarily
displaced from their homes through no fault of their own; and
WHEREAS, enhanced relocation benefits are necessary to cover increased costs
associated with relocations for senior citizens, disabled persons, or persons caring for
minor children; and
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WHEREAS, the Santa Monica Rent Control Board and City Staff has conducted
an analysis of necessary relocation benefits to adequately mitigate involuntary
displacement impacts in today’s rental market place; and
WHEREAS, that analysis concludes that modest adjustments to the City’s
permanent and temporary relocation benefits are necessary to adequately mitigate
involuntary displacement impacts on tenants; and
WHEREAS, the City Council is authorized to set permanent and temporary
relocation benefit fees by resolution; and
WHEREAS, on January 8, 2019, the City Council adopted Resolution No. 11158
(CCS) establishing permanent and temporary relocation benefit fees; and
WHEREAS, the findings and record established in the adoption of Resolution No.
11158 (CCS) on January 8, 2019 are hereby incorporated herein; and
WHEREAS, Resolution No. 11158 (CCS) contained a computational error in that
it provided a temporary relocation lodging per diem of $256.25, which omitted the addition
of Transient Occupancy Tax, instead of the correct final rate of $292.13; and
WHEREAS, on December 13, 2011, Council adopted Ordinance No. 2383 (CCS)
establishing permanent relocation benefit fees; and
WHEREAS, on August 14, 2007 Council adopted Resolution No. 10234 (CCS),
modifying the temporary relocation benefit fees; and
WHEREAS, these permanent and temporary relocation benefits are reasonably
necessary and do not impose a prohibitive price on landlords’ right to exit the rental
housing business.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The following permanent relocation fees are hereby adopted:
Relocation Amount Enhanced Relocation
Amount
Single or studio $15,020.51 $15,712.82
One bedroom $20,705.13 $22,089.74
Two or more bedrooms $28,810.26 $30,682.05
Relocation amounts shall be determined by the apartment size. However, if one
or more of the displaced tenants is a senior citizen or disabled person, or is a tenant
with whom a minor child resides, an enhanced amount shall be paid instead, as set
forth in the table above.
If the rental housing unit from which the tenant is being evicted is furnished, two
hundred fifty dollars shall be deducted from the applicable amount. For purposes of this
Section, a rental housing unit shall be considered to be furnished if the landlord has
provided substantial furnishings in each occupied room of the rental housing unit.
SECTION 2. The following temporary relocation fees are hereby adopted:
Relocation Amount
Hotel or motel $292.13 per day per household lease
Meal allowance $31 per day per person
Laundry allowance $1 per day per household if rental included laundry
facilities
Pet accommodations $30 per day per cat; $55 per day per dog; and actual daily
boarding cost for all other pets. The pet accommodation
per diem is required for lawful animals if the temporary
relocation accommodation does not accept them.
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SECTION 3. All permanent and temporary relocation fees shall be adjusted
annually for inflation by the percentage change in the rent of primary residence component
of the CPI-W Index for the Los Angeles/Riverside/Orange County area published by the
United States Department of Labor, Bureau of Labor Statistics, commencing on July 1,
2019 and on July 1st of each year thereafter.
SECTION 4. Resolution No. 11158 (CCS), 10234 (CCS) and 2383 (CCS) are
hereby repealed.
SECTION 5. If there are any conflicts between the fees and rates adopted in this
Resolution and any prior adopted resolution or schedule, the fees and rates adopted
through this Resolution shall take precedence.
SECTION 6. 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:
_________________________
LANE DILG
City Attorney
REFERENCE:
Resolution No. 11159
(CCS)