HomeMy WebLinkAboutCC Resolution 15283 (Anti-Displacement Urgency Ordinance and Temporary Relocation Assistance for the Canal Opportunity Zone)1
RESOLUTION NO. 15283
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
RESOLUTION 14895 TO INCLUDE TEMPORARY RELOCATION ASSISTANCE
PAYMENT AMOUNTS AND ADMINISTRATIVE PROCESSING FEE PURSUANT TO SAN
RAFAEL MUNICIPAL CODE CHAPTER 10.111 – RELOCATION ASSISTANCE IN
OPPORTUNITY ZONES
WHEREAS, on March 15, 2021, the City Council adopted Ordinance No. 1992,
adding Chapter 10.111 – Relocation Assistance in Opportunity Zones to the San Rafael
Municipal Code (“SRMC”); and
WHEREAS, each of the findings and recitals set forth in Ordinance No. 1992 is
incorporated herein by this reference; and
WHEREAS, Ordinance No. 1992 establishes the calculation for permanent
relocation assistance payments and requires that the permanent relocation assistance
required by the Ordinance include payments for security deposit, moving expenses, and per
diem; and
WHEREAS, on March 15, 2021, the City Council adopted Resolution 14895,
establishing the payment amounts for security deposit, moving expenses, and per diem;
and
WHEREAS, on April 15, 2024, the City Council adopted Ordinance 2034, an
urgency ordinance providing for temporary relocation of tenants in cases of substantial
rehabilitation for health and safety for properties in the Canal Opportunity Zone; and
WHEREAS, Ordinance 2034 requires a property owner to provide temporary
relocation assistance payments or a comparable unit during the temporary displacement
period; and
WHEREAS, temporary displacement for less than 30 nights requires temporary
lodging or short-term rental; and
WHEREAS, October 2023 data from Dean Runyon and Associates found that
visitors to Marin County spend on average $244 per person for lodging and food when they
stay overnight, with this number increasing by as much as an additional 10-15% during the
summer season; and
WHEREAS, Fiscal Year 2024 federal per diem rates for San Rafael from the U.S.
General Services Administration allot $189 for daily lodging excluding taxes and $74 for
meals and incidentals, for a total of $263; and
WHEREAS, for rehabilitation projects lasting longer than 29 days, a displaced tenant
may be able to execute a month-to-month rental lease agreement; and
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WHEREAS, the U.S. Department of Housing and Urban Development publishes the
Fair Market Rent (FMR) annually for the San Francisco, CA HUD Metro FMR Area,
corresponding to the number of bedrooms in a dwelling unit; and
WHEREAS, City staff time is required to review relocation assistance documentation
submitted by property owners.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby amends Resolution 14895 as follows:
SECTION 1. SECURITY DEPOSIT
If permanently displaced through a no fault termination, aA tenant household shall
be entitled to a security deposit payment in an amount equal to the greater of (1) the
monthly rent established by the lease between the landlord and the tenant household as
defined in SRMC Chapter 10.111, or (2) the current Fair Market Rent (FMR) published
annually by the U.S. Department of Housing and Urban Development for the San Francisco,
CA HUD Metro FMR Area, corresponding to the number of bedrooms in the subject
dwelling unit.
SECTION 2. MOVING EXPENSES
If permanently displaced through a no fault termination, aA tenant household shall
be entitled to the following moving expense payment:
Studio
1-
Bedroom
2-
Bedroom 3-Bedroom 4-Bedroom
Moving
Expenses
$
500 $ 500 $ 750
$
1,000
$
1,500
SECTION 3. PER DIEM
If permanently displaced through a no fault termination, aA tenant household shall
be entitled to a per diem equal to one hundred fifty dollars ($150) for every day between the
eviction date and the start of the next calendar month.
SECTION 4. MONTHLY RENT. Where this Resolution and Ordinance No. 1992
refer to “rent established by the lease between the landlord and the tenant household,” said
“rent” shall be calculated as the highest monthly rental amount paid to the landlord by the
tenant household within the year prior to issuance of a Notice of Relocation Assistance.
SECTION 5. TEMPORARY RELOCATION ASSISTANCE PAYMENT
If a tenant household is temporarily displaced for substantial rehabilitation for health
and safety and is not offered a comparable unit, the tenant household shall be entitled to
the following payment:
ii. $250 per day for the first 29 days of the temporary displacement period.
ii. For each day beyond the 29th day of the temporary displacement period, the
greater of (1) one thirtieth (1/30) of the monthly rent established by the lease
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between the landlord and the tenant household, or (2) one thirtieth (1/30) of
the current monthly Fair Market Rent (FMR) published annually by the U.S.
Department of Housing and Urban Development for the San Francisco, CA
HUD Metro FMR Area, corresponding to the number of bedrooms in the
subject dwelling unit.
SECTION 6. ADMINISTRATIVE FEE
The property owner shall pay an administrative fee covering the actual cost of City
review of relocation assistance documentation. The fee will be calculated using the fully
burdened rate of staff reviewers and based on the time required for review.
SECTION 57. REPORTING
1. Not less than annually, the Community Development Department shall provide an
update and report to the City Council on pending Opportunity Zone projects. Where
possible, these updates and reports shall use publicly available information,
including but not limited to Planning and Building Applications for residential
development projects which may trigger a temporary relocation or no-fault eviction;
2. Number of “Notice of Relocation Assistance” filings;
3. Number of “Certification of Relocation Assistance” filings;
4. Renter Relocation Assistance Administrative fee payments; and,
5. Requests for Supplemental Renter Relocation Assistance.
SECTION 68. AMENDMENT
This Resolution and the amounts set forth in this Resolution may be amended by the
City Council in their sole discretion and at any time to ensure that the Resolution and the
amounts set forth herein are appropriate and effective.
I, LINDSAY LARA, City Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City held on the 15th day of April 2024, by the following vote:
AYES: COUNCILMEMBERS: BUSHEY, HILL, KERTZ, LLORENS GULATI &
MAYOR KATE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Lindsay Lara, City Clerk