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R111591 City Council Meeting: January 22, 2019 Santa Monica, California RESOLUTION NUMBER 11159 (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 2 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. 3 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. 4 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 Adopted and approved this 22nd day of January, 2019. __________________________ G l e a m D a v i s , M a y o r I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11159 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 22nd day of January, 2019, by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None A T T E S T : _____________________________________ D e n i s e A n d e r s o n - W a r r e n , C i t y C l e r k Gleam Davis (Feb 21, 2019) Gleam Davis