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CC Resolution 14895 (Opportunity Zone Renter Relocation Payment Amounts)1 RESOLUTION NO. 14895 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING RELOCATION ASSISTANCE PAYMENT AMOUNTS 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, in adopting Ordinance No. 1992, the City Council made numerous findings regarding the disproportionate impacts that no-fault evictions have on older adults, disabled, and low-income tenants and tenants with minor children, justifying additional payments for households with these tenants; 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 relocation assistance payments and requires that the relocation assistance required by the Ordinance include payments for security deposit, moving expenses, and per diem; and WHEREAS, this Resolution establishes the payment amounts for security deposit, moving expenses, and per diem; and WHEREAS, the City Council finds that property owners generally require an incoming tenant to make a security deposit payment equal to one month’s rent upon execution of a rental lease agreement, therefore the relocation assistance should include an amount to compensate tenants for this cost; and WHEREAS, the City Council finds that: rental lease agreements generally commence on the first day of the month following their execution, and tenants often must find temporary housing for the period between the date the new lease agreement is executed and the date on which the tenancy commences; and the November 2019 Marin County Visitor’s Bureau’s State of the Visitor Industry in Marin County Economic Report found that visitors to Marin County spend on average $147 when they stay overnight; therefore the relocation assistance should include an amount to compensate tenants for this cost; and WHEREAS, the City Council finds that a 2019 Zillow research study found that the average moving cost: for a 1-bedroom apartment ranged from $200 to $500; for a 2- bedroom apartment ranged from $400 to $700; for a 3-bedroom apartment ranged from $560 to $1,000; and for a 4-bedroom apartment ranged from $800 to more than $2,000; and 2 WHEREAS, the City Council finds and declares that without robust reporting requirements in the Tax Cuts and Jobs Act, the City Council, staff, and community at large have no means to track or be notified of pending Opportunity Zone projects; and WHEREAS, the City Council declares it is in the best interest of the City to understand when Opportunity Zone projects are implemented within the City because these projects may increase the likelihood of no-fault evictions leading to the displacement of marginalized tenants; and WHEREAS, in order to ensure the City is better apprised of the implementation of Opportunity Zone projects, the City Council desires to receive periodic updates and reports on pending Opportunity Zone projects; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby adopts the following relocation assistance payment amounts and reporting requirements: SECTION 1. SECURITY DEPOSIT A 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 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 A 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 A 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. 3 SECTION 5. 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 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 6. 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 March 2021, by the following vote: AYES: COUNCIL MEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Lindsay Lara, City Clerk