HomeMy WebLinkAboutRDA Reso 2003-1840
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RDA RESOLUTION NO. 2003-1840
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA ADOPTING AND MAKING
A V AlLABLE FOR PUBLIC REVIEW DRAFT AMENDED AND
RESTATED RULES GOVERNING PARTICIPATION AND
REENTRY PREFERENCES FOR PROPERTY OWNERS AND
BUSINESS OCCUPANTS, AND AN AMENDED AND
REST A TED METHOD OF RELOCATION
WHEREAS, Section 33345 of the California Community Redevelopment Law, Health and
Safety Code Section 33000 et. seq. (Law) provides that redevelopment agencies shall adopt rules
governing participation and reentry preferences for property owners and business occupants in
connection with the adoption of a redevelopment plan (Rules); and
WHEREAS, Sections 33352(f) and 33411 of the Law requires that with each
redevelopment plan a redevelopment agency prepare a method or plan for relocation of families and
persons to be temporarily or permanently displaced from housing facilities in the project area,
(Method of Relocation) which method or plan shall include the provision that no persons or
families of low and moderate income shall be displaced unless and until there is a suitable housing
unit available and ready for occupancy by the displaced person or family at rents comparable to
those at the time of displacement; and
WHEREAS, by previous action duly and regularly taken, the City Council of the City of
Chula Vista adopted redevelopment plans for the Bayfront Redevelopment Project, Town Centre I,
Redevelopment Project, Otay Valley Road Redevelopment Project, Town Centre II Redevelopment
Project, and Southwest Redevelopment Project (Redevelopment Plans); and
WHEREAS, each of the five Redevelopment Plans delineates a redevelopment project area
(individually, "Project Area" and collectively "Project Areas"); and
WHEREAS, by previous action duly and regularly taken, the Bayfront Redevelopment Plan
and Town Centre I Redevelopment Plan were previously merged in accordance with the provisions
of the Law, as the BayfrontITown Centre Redevelopment Project; with each of the two constituent
plans retaining its own governing rules relating to participation and reentry preferences for property
owners and business occupants, and to the method of relocation; and
WHEREAS, by previous action duly and regularly taken, the Town Centre II
Redevelopment Plan, Otay Valley Road Redevelopment Plan, and the Southwest Redevelopment
Plan were previously merged in accordance with the provisions of the Law, as the Merged Chula
Vista Redevelopment Project, with each of the three constituent plans retaining its own governing
rules relating to participation and reentry preferences for property owners and business occupants,
and to the method of relocation; and
RDA Resolution No. 2003-1840
Page 2
WHEREAS, the Redevelopment Agency of the City of Chula Vista (Agency) did adopt ........
Rwes and a Method of Relocation prior to the adoption of each of its five Redevelopment Plans;
and
WHEREAS, in an effort to provide uniform procedures throughout all five of the
constituent redevelopment project areas referred to above, the Agency has prepared draft
consolidated rules governing participation and reentry preferences for property OV\TIers and business
occupants, in the form attached hereto and incorporated herein as Fxhihit "A", in conjunction with
the proposed 2003 Amendment to the Bayfront/ToV\TI Centre I Redevelopment Project and the 2003
Amendment to the Merged Chwa Vista Redevelopment Project; and
WHEREAS, the Agency has also prepared a draft consolidated, amended, and restated
method of relocation applicable to all five redevelopment Project Areas, in the form attached hereto
and incorporated herein as Pxhihit "R", as required by Sections 33352(f) and 33411 of the Law.
NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of
Chula Vista hereby:
1. Adopts the draft Rules Governing Participation and Preferences by Property OV\TIers
and Business Occupants in the Bayfront/ToV\TI Centre I Project and Merged Chwa Vista
Redevelopment Project, in the form attached herewith as Pxhihit "A "; and
2. Adopts the draft Method of Relocation applicable to the Bayfront/ToV\TI Centre I ..-..,
Redevelopment Project and to the Merged Chula Vista Redevelopment Project, in the form
attached herewith as Pxhihit "R"; and
The Agency directs that said amended Rwes and Method of Relocation be made available
for public review as required by the California Community Redevelopment Law and that any
proposed changes be brought back for final consideration concurrent with the consideration of the
proposed 2003 Amendments to the Bayfront/ToV\TI Centre I Redevelopment Project and the
Merged Chwa Vista Redevelopment Project.
Presented by
Approved as to form by
~~O&~~~,
Ann Moore
Agency Counsel
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RDA Resolution No. 2003-1840
Page 3
PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of
Chula Vista, California, this 19th day of August 2003, by the following vote:
AYES:
Agency Members:
NA YES:
Agency Members:
ABSENT:
Agency Members:
ATTEST:
STATE F CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
Davis, McCann, Rindone, and Padilla
None
I, Laurie Madigan, Secretary of the Chula Vista Redevelopment Agency, do hereby certify that
the foregoing RDA Resolution No. 2003-1840 was duly passed, approved, and adopted by the
Redevelopment Agency at a regular meeting held on the 19th day of August 2003.
Executed this 19th day of August 2003.
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RDA Resolution No. 2003-1840
Page 4
EX:l-\- IBIT "A"
AME"\DSD AND i<E:ST]l>.TE"D
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Rules Governing Participation
and P by Property
Owners and Business Occupants
August 19, 2003 - August 6 Version
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RedevelopmentAgency of the City of Chula VISta
276 Fourth Avenue
Chula Vista, Califomia 91910
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Rosenow Spevacek G.-p, Inc.
217 North Main Street Sutte 300
Santa Ana, Califomia 92701-4822
Phone: (714) 541-4585
Fa,,: (714) 836-1748
E-Mail: info@webrsg.com
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RDA Resolution No. 2003-1840
Page 5
Table of Contents
Section I. Purpose and Intent............................................................. 1
Section II. Genera. Definitions ................~.............................................. 1
Section III. Opportunities for Owner Participation and Preferences
to Business Occupants to Reenter in Business within
Redevelopment Area ........................................._................................. 2
Opportunities for Owner Participation .............................................................. 2
Preferences for Persons Engaged in Business in the Project Area ................ 2
Section IV. Methods of Participation and Limitations Thereon......... 3
Methods of Participation................................................................................... 3
Limitations on Participation Opportunilies........................................................ 3
Establishing Preferences Among Owners ....................................................... 4
Section V.
Methods for Extending Reentry Preferences, and
Limitations Thereon ............................................................................. 4
Methods for Extending Reentry Preferences................................................... 4
Limitations on the Extension of Preferences.................................................... 5
Establishing Preferences Among Business Occupants Seeking Similar
Preferences....................... ............................................................................... 5
Section VI. Participation Procedures......._........................................ 6
Notice and Statement of Interest...................................................................... 6
Participation Agreements...... ..... ........ ......................................................... ..... 7
Section VII. Enforcement ................................................................... 8
Section VIII. Amendment of Rules ....................................................... 8
Exhlbi,t A Map of Project Area .,............................................Exhibit A.1
Exhibit B Statement of Interest ........................-................Exhlblt B-1
RDA Resolution No. 2003-1840
Page 6
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Rules Governing Participation and
Preferences by Property Owners and
Business Occupants
Section I. Purpose and Intent
These rules are adopted to implement the provIsions of the respective
Redevelopment Plans for BayfronVTown Centre I and Merged Chula Vista
Redevelopment Projects ("Projects") regarding participation and the exercise of
preferences by property owners and business occupants within the
Bayfroniffown Centre I Project Area and Merged Redevelopment Project Area
("Project Areas"). These rules set forth the procedures goveming such
preferences and participation.
The Health and Safety Code of the State of Califomia Section 33000 et sea.
requires the adoption of these rules by the Redevelopment Agency of the City of
Chula Vista to permit participation by owners of real property and the extension of
preferences to persons engaged in business within the boundaries of the Project
Area to reenter the redeveloped area to the maximum extent feasible consistent
with the objectives of the Redevelopment Plan for the Project.
Section II. General Definitions
--
As used herein, the following definitions apply:
A. 'Agency" means the Redevelopment Agency of the City of Chula Vista.
B. "Business OccupanF means any person, persons, corporation, association,
partnership, or other entity engaged in a lawful business within the Project
Area for so long as such Business Occupant remains in business within the
Project Area.
C. 'City" means the City of Chula Vista.
D. 'Disposition and Development Agreement" means a contractual agreement
between a developer and the Agency that sets forth terms and conditions for
the sale and the development of a property within the Project Area.
E. "Long-Term Lease" means a lease of real property with a term of twenty (20)
years or more, with at least ten (10) years remaining on such term.
ROSENOW SPEVACEK GROUP. INC.
AUGUST 19, 2003
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
OWNER PARTICIPATION RULES
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RDA Resolution No. 2003-1840
Page 7
F. "Owner' means any person, persons, corporation, association, partnership, or
other entity holding recorded fee title to or a long-term lease of real property in
the Project Area for so long as such Owner holds such title or long-term
lease.
G. "Participant' means an Owner who has entered into a Participation
Agreement with the Agency.
H. "Participation Agreement" means an agreement entered into by an Owner
with the Agency providing for such Owner to participate in the redevelopment
of property within the Project Area in accordance with the proviSions of the
Redevelopment Plan and these Rules.
I. "Plan" means the Redevelopment Plan for either the BayfrontfTown Centre I
Project or Merged Chula Vista Redevelopment Project, as applicable.
J. "Project Area" means the applicable Redevelopment Project Area of the
Agency, which is described in and is subject to a Redevelopment Plan, as
depicted on Exhibit A attached hereto.
K. "Rules" mean these Rules Goveming Participation and Preferences by
Property Owners and Business Occupants.
Section III. Opportunities for Owner Participation and Preferences
to Business Occupants to Reenter in Business within
Redevelopment Area
Opportunities for Owner Partldpatlon
An Owner of real property within the Project Area shall be extended an
opportunity to participate in the redevelopment of the Owner's property in the
Project Area, if such Owner agrees to participate in the redevelopment in
conformity with the applicable Plan and these Rules, and such Owner is qualified
to undertake and complete the identified redevelopment project as determined by
the Agency.
F...Niences for Persons ~ in BusIness in the Pi...ojb..t Aru
Business Occupants engaged in business in the Project Area shall be extended a
reasonable preference to reenter in business within the proposed development
site if they otherwise meet the requirements prescribed by the Plan and these
Rules as determined by the Agency.
ROSENOW SPEVACEK GROUP, INC.
AUGUST 19. 2003
REOEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
OWNER PART,CIPAllON RULES
RDA Resolution No. 2003-1840
Page 8
Section IV. Methods of Participation and Limitations Thereon
..........
MellIOCIl. of PartIcipation
Participation methods include: (i) remaining in substantially the same location
either by retaining all or portions of the property, or by retaining all or portions of
the property and purchasing adjacent property from the Agency or joining with
another person or entity for the rehabilitation or development of the ONner's
property and, if appropriate, other property, or (ii) submitting to the Agency for its
consideration another method of participation proposal pursuant to these Rules.
An Owner who participates in the same location may be required, among other
actions, to rehabilitate or demolish all or a part of his/her existing buildings. The
Agency may also acquire the buildings only and then remove or demolish the
buildings. Participation methods also include but are not limited to the Agency
buying land and improvements at fair market value from Owners and offering
other parcels for purchase and rehabilitation or development by such Owners, or
offering an opportunity for such ONners to rehabilitate or develop property jointly
with other persons or entities.
Umitatlon on Participation Opporiunitles
ONner Participation opportunities shall be subject to and limited by factors and
requirements including:
1. The Participant(s) must demonstrate to the satisfaction of the Agency that
the Participant is financially capable and has the qualifications and
experience to perform any and all development, construction,
modification, rehabilitation, modemization, construction, land assembly,
and/or acquisition of the subject property or properties in order that it will
conform to the Plan, any specific plan or design guide, applicable zoning,
building, and safety laws and regulations, and the redevelopment
proposal, if any, contemplated by the Agency with respect to the subject
property.
..........
2. The Participant's proposed improvements and/or redevelopment conform
or will conform to: the goals and objectives established by the Agency;
the Plan; any applicable specific plan or design guide; applicable zoning,
building and safety laws and regulations; and the redevelopment proposal
for the development site approved by the Agency.
3. The Agency retains its authority to determine in its sole discretion whether
the Participant's(s') proposed development conforms to and furthers the
goals and objectives of the Plan and any specific redevelopment
proposals on the basis of all the facts and circumstances pertaining to the
Participant's proposed development.
ROSENOW SPEvACEK GROUP, INC.
AUGUST 19. 2003
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
OWNER PARTICIPATION RULES
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RDA Resolution No. 2003-1840
Page 9
4.
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6.
7.
8.
The Agency shall consider whether the proposed owner participant
development necessitates that the Participant and/or the Agency shall
remove, relocate and/or install public utilities and public facilities
determined necessary by the Agency for the proposed development.
Consideration of the elimination and/or change of land uses, particularly
nonconforming land uses as specified in City codes.
The Agency shall consider the need to realign, abandon, vacate, widen,
or open public rights-of-way and the indirect effects of such acts.
Consideration of any reduction in the total number of individual parcels in
the Project Area.
Consideration of whether the proposal involves land assembly and
development of areas for public and/or private development in
accordance with the Plan.
EstablIshing ',dIio..811CeS Among Owners
If conflicts develop between the desires of Participants for particular sites or land
uses, the Agency is authorized to exercise its reasonable discretion and establish
priorities and preferences among the Participants and to determine a solution by
consideration of the proposals, including, but not limited to: development
experience and qualifications, financial ability to perform, length of time in the
area, accommodation of as many potential participants as possible, and
conformity with intent and purpose of the Plans. Participation, if and to the extent
feasible, may be available for two or more persons, firms, or institutions, to join
together in partnerships, corporations, or other joint entities. To the extent
multiple Owners are included within a proposed development site, an Owner with
a majority interest in the total proposed development site may be determined by
the Agency to have a preference over an Owner with a minority interest in the
proposed development site.
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Section V. Methods for Extending Reentry Preferences and
Limitations Thereon
MetllOdb for Extellding RBB tbl P.Je.4>o1C...
Whenever a Business Occupant will be displaced by Agency action from the
development site, the Agency will, prior to such displacement, determine: 1)
whether such Business Occupant desires to relocate directiy to another location
within the Project Area, or 2) if suitable relocation accommodations within the
Project Area are not available prior to displacement. whether such Business
Occupant would desire to reenter in business within the development site or
elsewhere in the Project Area at a later date should suitable accommodations
become available. For those Business Occupants who desire to relocate directly
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REOEVELOPMENT AGENCY OF THE CITY OF CHUl.A VISTA
OWNER PARTICIPA TlON RULES
ROSENOW SPEVACEK GROUP, INC.
AUGUST '9,2003
RDA Resolution No. 2003-1840
Page 10
to another location within the Project Area, the Agency will make reasonable
efforts to assist such Business Occupants to find accommodations suitable to
their needs. The Agency will make reasonable efforts to assist such Business
Occupants to find reentry accommodations at locations and rents suitable to their
needs.
-...,
UmltatiCIIlS on the ExtensIon of Pl..:!fbel_
The following are the minimum requirements that must be met by any business to
establish its eligibility for the reasonable preference to reenter in business in the
Project Area after displacement:
1. The business use proposed shall be consistent with the land use
standards of the Plan and any specific plan and development standards
and criteria adopted by the Agency or the City.
2. The improvement on the business premises made or proposed to be
made shall (unless otherwise approved by the Agency) meet, or shall be
brought up to meet, a structural condition equal to or better than that
required for a new structure or improvement of equivalent size, location,
use and occupancy as required by the building and safely laws and
regulations then applicable in the City, and shall conform to the Plan.
3. The Business Occupant shall demonstrate to the satisfaction of the
Agency that Business Occupant is financially capable and qualified to
perform any and all modifications or rehabilitation or modemization on the
property at the new location in order that n will conform to the Plan and """'"
capable of meeting the financial requirements to occupy space in the new
location.
4. The business shall agree in writing that in the use, occupancy and
conduct of business in the premises, there shall be no discrimination
based on any impermissible classification including but not limned to race,
sex, mamal status, color, creed, religion, national origin, ancestry, sexual
orientation, physical handicap, or medical condition.
Elot-dbllshlng Pldf_ellces Among Business n.-\"RI1lS Seeking Similar
P....... _ICeS
If conflicts develop between the desires of Participants for partiCUlar snes or land
uses, the Agency is authorized to exercise its reasonable discretion and establish
priomies and preferences among the Business Occupants and to determine a
solution by consideration of the proposals, including, but notlimtted to: financial
ability to perform, length of time in the area, accommodation of as many potential
Business Occupants as possible, appropriateness of the type of business within
the proposed premises or location, the feasibility of business success, and
conformity with intent and purpose of these Rules and the Plan. Participation, to
the extent feasible, may be available for two or more persons, firms or instnutions,
to jOin together in partnerships, corporations, or other joint entnies.
ROSENOW SPEVACEK GROUP. INC.
AUGUST 19, 2003
REDEVELOPMENT AGENCY OF THE crrv OF CHULA VISTA
OWNER PARTlCIPA nON RULES
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RDA Resolution No. 2003-1840
Page II
Section VI. Participation Procedures
NotIce and Slab.ment oi IlItelest
Before entering into any Participation Agreements or Dispos~ion and
Development Agreements relating to the acquis~ion, redevelopment, or
rehabilitation of real property in the Project Area, the Agency shall first comply
with these Rules relating to soliciting interest in owner participation from the
Owner of the property that is the subject of the redevelopment proposal (i.e., the
property that may be acquired, developed, or rehabilitated) and inv~e the Owner
to submit a Statement of Interest for Participation (incorporated herein as Exhib~
B) in the proposed development or in otherwise participate in the redevelopment
project.
The Agency shall send by first class mail, or other means determined by the
Agency, a Statement of Interest in Participation to each Owner whose real
property is the subject of the possible redevelopment project Those desiring to
submit a Statement of Interest in Participation must complete and retum the
Statement to the Agency within thirty (30) days of receipt. Any Owner may also
subm~ such a Statement at any time before such notification. All Statements of
Interest in Participation received after the deadline for submission may be given
consideration by the Agency, at their discretion, but in a priority secondary to
those statements received by the deadline. Such Statement shall include
information requested by the Agency and shall be in the form requested by the
Agency.
The Agency shall seek to develop reasonable participation for those submitting
such Statements whether to stay in place or to move to another location. At its
discretion, Agency staff may determine that a participation proposal as set forth in
a Statement does not meet the criteria set forth in Section IV and reserves the
right to deny participation to an Owner on such basis. Participants and
Occupants may appeal a staff decision to the Agency board. If a Statement is
timely received by the Agency (and also as to those Statements which are
received after the stated deadline but the Agency, in its sole discretion, gives
consideration), Agency staff shall evaluate the Statement and determine whether
the Statement and the nature of the proposed participation described therein
meets the requirements of the applicable Plan and these Rules. If a Statement
meets the requirements and also proposes participation that is feasible, the
Agency shall contact the Owner and discuss the Owner's next submittal to the
Agency, which will be a formal proposal for the project identified in the Statement
Agency shall proVide the Owner with a list of information and materials to be
included in the formal proposal which shall include, as a minimum, a complete
project description, the development entity including the identity of all individuals
and companies involved, a project pro forma including the sources and uses of
funds, project financing, conceptual site plan including setbacks, layout of
buildings, streets, parking, access, and circulation, a schedule of performance or
ROSENOW SPEVACEK GROUP, INC.
AUGUST 19, 2003
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
OWNER PARTlClPA nON RULES
RDA Resolution No. 2003-1840
Page 12
time line for the deveiopment, and description of any development impediments
including environmental matters. Owner shall submit the formal proposal within
forty-fIVe (45) days after receipt of written notice from Agency that the Owner's
Statement has been accepted for further consideration and that Owner is to
submit the formal proposal.
~
The Agency may in its sole discretion determine that a participation proposal as
set forth in the Statement is not feasible or in the best interest of the Project or the
community, or is otherwise limited by one or more of the criteria set forth in
Section IV hereof. In such event, the Agency may select a developer from
among prospective Participants submitting Statements and others invited to
submit proposals. The Agency may also, upon review of timely submitted formal
proposals, determine such proposal(s) is/are not consistent with the Plan or
criteria in these Rules, or that one proposal is better suited, or that none of the
formal proposals are consistent with the Plan or its goals and objectives or criteria
in these Rules.
The Agency retains and shall exercise the discretion vested in it by law to
consider and determine whether the Statement or formal proposals for
redevelopment submitted by an Owner or Owners for participation conforms to,
and meets the goals and objectives of, the Plan and these Rules. The Agency
shall exercise said discretion reasonably, in good faith, and without discrimination.
The Owner's participation opportunity shall be deemed conclude and completed
upon the occurrence of any of the following: (1) the Owner fails to timely retum a
Statement of Interest in Participation; (2) the Owner submits a Statement of
Interest in Participation but Agency staff or Agency determines such Statement is
incomplete or inconsistent with the goals and objectives of the Plan and of the
Agency with respect to the proposed project; (3) the Owner fails to timely submit a
formal proposal; or (4) the Owner timely submits a formal proposal but the
Agency staff or Agency determines that the formal proposal is inconsistent with
the Plan or the criteria set forth in these Rules or another proposal better suits the
property and goals and objectives of the Plan and of the Agency with respect to
the proposed project.
~
Partldpatlan AsP ~.IeI.b.
C8neral
Owners wishing to develop or improve their properties within the Project Area
may be required, as a condition to Agency approval of such development. to
enter into a binding written Participation Agreement with the Agency, if the
Agency determines it is necessary to impose upon such property any of the
standards, restrictions and controls of the Plan, or of any design guide adopted by
the Agency pursuant to the Plan.
ROSENOW SPEVACEK GROUP. JNC.
AUGUST 19, 2003
REDEVELOPMENT AGENCY OF 11-IE CITY OF CHULA VISTA
OWNER PARTtCIPA TlON RULes
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RDA Resolution No. 2003-1840
Page 13
Contents
A Participation Agreement shall obligate the Owner, and the Owner's heirs,
successors and assigns to acquire, rehabilitate, develop and use the property, as
may be applicable, in conformance with the Plan and/or to be subject to such
other provisions and conditions of the Plan as the Agency may require for the
period of time that the Plan is in force and effect, excepting those provisions
related to nondiscrimination and nonsegregation which shall run in perpetuity.
Each Participation Agreement will contain such terms and conditions and will
require the potential Participant to join in the recordation of such documents as
the /v;Jency may require in order to ensure the property will be acquired,
rehabilitated, developed and used in a=rd with the Plan and the agreement.
Participation Agreements will be effective only if approved by the Agency.
Section VII. Enforcement
In the event a property is not acquired, developed, rehabilitated, or used in
conformance with the Plan, or is not the subject of an Agency determination
of conformance or a Participation Agreement, then the Agency is authorized to
(1) purchase the property, (2) purchase any interest in the property sufficient to
obtain conformance, or (3) take any other appropriate action sufficient to obtain
such conformance. Any acquisition of property by the Agency shall comply with
applicable law pertaining to acq uisition of property by a public entity.
Section VIII. Amendment of Rules
The Agency may amend these rules at any meeting of the Agency.
No such amendment shall retroactively impair the rights of any parties who have
executed Participation Agreements with the Agency in reliance upon these rules
as presently constituted.
ROSENOW SPEVACEK GROUP. INC.
AUGUST 19. 2003
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
OWNER PARTICIPATlON RULES
RDA Resolution No. 2003-1840
Page 14
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Map of Project Areas
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ROSENOW Sf'EVACEK GROUP. INC.
AUGUST 19, 2003
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
OWNER PARTICIPATION RULES
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RDA Resolution No. 2003-1840
Page 15
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AUGUST 19, 2003
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
OWNER PARTICIPATION RULES
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Page 16
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RDA Resolution No. 2003-1840
Page 17
"
statement of Interest
ROSENOW SPEVACEK GROUP, INC.
AUGUST 19, 2003
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
OWNER PARTICIPATION RULES
RDA Resolution No. 2003-1840
Page 18
REDEVELOPMENT AGENCY OF THE CITY OF CHULA YIST A
-...
STATEMENT OF INTEREST IN PARTICIPATION
I hereby express my interest in participating in the BayfronVTown Centre I or Merged Chula
Vista Redevelopment Project
1. Name of Property OwnerfTenant:
Phone:
2. Home Address:
3. Address of Property owned or rented in the Project Area:
4. Name of business in the Project Area:
5. I own ( ); am a tenant ( ); and wish to rehabilitate ( ); build ( ); sell ( ) my present
property. If tenant: indicate: month-to-month ( ); or lease ( ); expiration date of lease:
-...
6. My present type of business is:
7. Nature of proposed participation:
[ADD ADDITIONAL SHEETS IF NECESSARY]
I understand that submission of this Statement of Interest does not in any way obligate me to
participate in the Project, nor is submission of this Statement a representation or warranty by
the Agency that I shall be seJected to participate in the redevelopment of any real property.
Signed:
Retum to:
Title:
Date:
Redevelopment Agency of the
City of Chula Vista
476 Fourth Avenue
ChulaVista, CA91910
Attention:
-.,
RDA Resolution No. 2003-1840
Page 19
-
E)(H18 1"1 Ie i3"
AMeNt>ei) AND i<:E.S1ATeD
Method of Relocation
August 19, 2003 "'n"S\Iesi:r1
e RedevebpmentAgency of the City of Chula VISta
276 Fourth Avenue
Chula VISta, CaIifomia 91910
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Rosenow Spevacek Group, Inc.
217 North Main Street, Suite 300
Santa Ana, Califomia 92701-4822
Phone: (714)541-4585
Fax: (714) 836-1748
E-Mail: info@webrsg.oom
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RDA Resolution No. 2003-1840
Page 20
Method of Relocation
"""""
Table of Contents
Section I. Purpose and Intent ..................................................1
Section II. Statutory Requirements ......................................... 1
Section III. Analysis ...................................................................1
Section IV. Relocation Policies and Procedures .....................2
Section V. Methods for Assuring Availability of Relocation
Housing.......................................................................................3
Section VI. Relocation Payments............................................. 3
Section VII. Consistency with State Relocation Law and State
Relocation Guidelines ................................................................3
Exhibit A - State Relocation Law.............................................. 5
Exhibit B - State Relocation Guidelines.................................... 6
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Method of Relocation
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Section I. Purpose and Intent
This Method of Relocation ('Method') sets forth the general policies of the
Redevelopment Agency of the City of Chula Vista ("Agency") that will guide the
Agency if an Agency project causes any family, individual, business, or non-profrt
local community institution to be displaced. This document should be considered
as only a general plan. As recommended in an October 1982 State Department
of Housing and Community Development study entitled 'A Study of Relocation
and Housing Development in Califomia Redevelopment Agencies,' a
comprehensive and detailed plan need not be developed until reiocation is
imminent. At that time, a more specific analysis will be prepared, pursuant to
Section 6038 of Tltie 25 of the Califomia Code of Regulations.
Section II. Statutory Requirements
As part of the Califomia Community Redevelopment Law, Heafth & Safety Code
Section 33000 et~. ('Law"), Health and Safety Code Section 33411 requires
the Agency to prepare a feasible method or plan for relocation. In addition,
Section 33352(f) requires that the Agency to include in its Report to the City
Council a method or plan of relocation, which is defined in Section 33352(f) as:
'A method or plan for the relocation of families and persons to be temporarily or
permanentiy displaced from housing facilities in the project area, which method or
plan shall include the provision required by Section 33411.1 of the Law that no
persons or families of low- or moderate-income shall be displaced unless and
until there is a suitable housing unit available and ready for occupancy by the
displaced person or family at rents comparable to those at the time of their
displacements. '
Section III. Analysis
It should be noted at the outset that the Agency does not currently contemplate
any. relocation of any specific households or businesses. Furthermore, relocation
will only be required by the Agency if it is reasonably necessary to effect an
Agency project. The Agency would not commence any relocation until it has firm
commitments from public or private funding sources that sufficient resources will
be available to effect relocation consistent with applicable law if any such
relocation is necessary for the Agency project being proposed.
The Agency has established this Method for relocation of persons, families,
businesses, and community organizations to be displaced in connection with an
Agency project. This adopted Agency relocation Method is consistent with
RDA Resolution No. 2003-1840
Page 22
METHOD OF RELOCATION
Sections 33411, 33352(f), and Section 33367(d) (7) of the Law, all of which
require that redevelopment agencies have a feasible relocation method or plan if .-...,
the Agency's plans for redevelopment are to resu~ in the displacement of any
occupants of housing or businesses in an Agency redevelopment project area.
If relocation becomes necessary, specific relocation plans containing detailed
household and housing availability surveys, will be prepared if, and as, required
pursuant to Section 6038 of Title 25 of the California Code of Regulations.
Projects involving relocation will be authorized by the Agency only if any required
meets the requirements of this Method, the State Relocation Law and State
Relocation Guidelines incorporated herein, and any other applicable law or
regulations.
Section IV. Relocation Policies and Procedures
To implement the State Relocation Law (Gov. Code g 7260 et ~.) in the
Merged Chula Vista Redevelopment Project Area and the BayfrontlTown Center I
Redevelopment Project Area ("Project Areas"), the Agency hereby adopts for
local use the "State Relocation Guidelines," which are relocation guidelines
issued by the State of Califomia, Department of Housing and Community
Development, pursuant to Govemment Code Section 7260 et~. and Health
and Safety Code Section 50460. The State Relocation Guidelines are set forth in
Title 25 of the California Code of Regulations, Section 6000 et~. The State
Relocation Law and the State Relocation Guidelines, as now eXisting and as may
be amended from time to time in the Mure, are incorporated fully herein by this
reference. A copy of the Slate Relocation Law as existing on the date this
Method is adopted by the Agency attached hereto as Exhib~ "A" A copy of the
State Relocation Guidelines as existing on the date this Method is adopted by the
Agency is attached hereto as Exhib~ 'B.' These copies are attached for
informational purposes only as the applicable versions of the State Relocation
Law and State Relocation Guidelines shall be those in effect at the time a person
or business receives notice of poSSible displacement.
"'""\
Relocation of displaced persons, families, businesses, and community
organizations ~hin the Merged Chula Vista Project Area and the BayfronllT own
Centre I Project Area will be accomplished in full compliance ~h the State
Relocation Law and State Relocation Guidelines as then in effect. Consistent
~h the State Relocation Law and State Relocation Guidelines, ~ is the policy of
the City Council and the Agency that:
1. Uniform, fair, equitable treatments shall be afforded to persons, families,
businesses, and community organizations displaced as a resutt of an
Agency project.
2. No persons or families of low- and moderate-income shall be displaced
unless and until there is a suitable housing un~ available and ready for
occupancy by such persons that is safe, decent and sanitary and
available at comparable rents.
"'""\
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METHOD OF RELOCATION
3. All displaced families and individuals will be afforded the opportunity to
live in a decent, safe and sanitary dwelling without overcrowding.
4. The cost of such housing shall be reasonable relative to family income.
S. There will be no discrimination based upon race, color, creed, religion,
sex, sexual orientation, marital status, national origin or ancestry in
relocation aclivtties.
6. Displaced households will be offered the opportunity to occupy housing
that is reasonably acoessible to their places of employment, public
transportation, shopping and public faciltties.
7. Business concerns and nonprofit organizations to be displaced will be
provided assistance to aid in their reestablishment in the new location.
8. Each eligible person and business will be provided advanced notice
concerning the possible displacement and relocation requirement, as well
as pertinent information as mandated by the State Relocation Law and
State Relocation Guidelines to assist in the relocation process.
Representatives of the Agency will provide assistance, counseling, and
referral services.
The rules and regulations detailing procedures for providing services and making
relocation payments are set forth in the State Relocation Law and State
Relocation Guidelines.
Section V. Methods for Assuring Availability of Relocation Housing
The State Relocation Law and State Relocation Guidelines set forth requirements
the Agency must follow with respect to the provision of replacement housing,
including replacement affordable housing. In meeting those requirements, the
Agency will worn with local housing authorities and nonprofit sponsors of other
subsidized housing to assist eligible persons in applying for priority placement in
affordable housing within the City.
Section VI. Relocation Payments
Relocation payments will be made to all eligible displaced persons, businesses
and nonprofit organizations in accordance with the State Relocation Law and
State Relocation Guidelines.
Section VII. Consistency with State Relocation Law and State
Relocation Guidelines
This Method has been prepared in acoordance with, and is in compliance with,
the requirements of the Law. In the everrt of any inconsistency between the
RDA Resolution No. 2003-1840
Page 24
METHOD OF RELOCATION
terms of this Method. on the one hand, and the terms of the State Relocation Law _
and State Relocation Guidelines on the other hand, the latter shall control. 'I
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Method of Relocation
Exhibit A - State Relocation Law
RDA Resolution No. 2003-1840
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CALIFORNIA CODES
GOVElUIMENT CODE
SECTION 7260-7277
7260. As used in this chapter:
(a) "Public entity" includes the state, the Regents of the
University of California, a county, city, city and county, district,
public authority, public agency, and any other political subdivision
or public corporation in the state or any entity acting on behalf of
these agencies when acquiring real property, or any interest therein,
in any city or county for pUblic use, and any person who has the
authority to acquire property by eminent domain under state law.
(b) "Personll means any individual, partnership, corporation,
limited liability company, or association.
(0) (1) "Displaced person" means both of the following:
(A) Any person who moves from real property, or who moves his or
her personal property from real property, either:
(i) As a direct result of a written notice of intent to acquire,
or the acquisition of, the real property, in whole or in part, for a
program or project undertaken by a public entity or by any person
having an agreement with, or acting on behalf of, a public entity.
(ii) As a direct result of the rehabilitation, demolition, or
other displacing activity, as the public entity may prescribe under a
program or project undertaken by a public entity, of real property
on which the person is a residential tenant or conducts a business or
farm operation, if the public entity determines that the
displacement is permanent. For purposes of this subparagraph,
"residential tenantlt includes any occupant of a residential hotel
unit, as defined in subdivision (b) of Section 50669 of the Health
and Safety Code, and any occupant of employee housing, as defined in
Section 17008 of the Health and Safety Co~e, but does not include any
person who has been determined to be in ~nlawful occupancy of the
displacement dwelling.
(B) Solely for the purposes of Sections 7261 and 7262, any person
who moves from real property, or moves his or her personal property
from real property, either:
(i) As a direct result of a written notice of intent to acquire,
or the acquisition of, other real property, in whole or in part, on
which the person conducts a business or farm operation for a program
or project undertaken by a public entity.
(ii) As a direct result of the rehabilitation, demolition, or
other displacing activity as the public entity may prescribe under a
program or project undertaken by a public entity, of other real
property on which the person conducts a business or farm operation,
in any case in which the public entity determines that the
displacement is permanent.
(2) This subdivision shall be construed so that persons displaced
as a result of public action receive relocation benefits in cases
where they are displaced as a result of an owner participation
agreement or an acquisition carried out by a private person for, or
in connection with, a public use where the public entity is otherwise
empowered to acquire the property to carry out the public use.
Except for persons or families of low and moderate income, as
defined in Section 50093 of the Health and Safety Coda, who are
occupants of housing that was made available to them on a permanent
basis by a public agency and who are required to move from the
housing, a "displaced person" shall not include any of the following:
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W AlS Document Retrieval
(A) Any person who has been determined to be in unlawful occupancy
of the displacement dwellings.
(B) Any person whose right of possession at the time of moving
arose after the date of the public entity's acquisition of the real
property.
(C) Any person who has occupied the real property for the purpose
of obtaining assistance under this chapter.
(D) In any case in which the public entity acquires property for a
program or project {other than a person who was an occupant of the
property at the time it was acquired}, any person who occupies the
property for a period subject to termination when the property is
needed for the program or project.
(d) "Business" means any lawful activity, except a farm operation,
conducted for any of the following:
(1) Primarily for the purchase, sale, lease, or rental of personal
and real property, and for the manufacturej processing, or marketing
of products, commodities, or any other personal property.
(2) Primarily for the sale of services to the public.
(J) primarily by a nonprofit organization.
(4) Solely for the purpose of Section 7262 for assisting in the
purchase, sale, resale, manufacture, processing, or marketing of
products, commodities, personal property, or services by the erection
and maintenance of an outdoor advertising display, whether or not
the display is located on the premises on which any of the above
activities are conducted.
(e) "Farm operation" means any activity conducted solely or
primarily for the production of one or more agricultural products or
commodities, including timber, for sale or home use, and customarily
producing these products or commodities in sufficient quantity to be
capable of contributing materially to the operator's support.
(f) lIAffected propertyn means any real property that actually
declines in fair market value because of acquisition by a public
entity for public use of other real property and a change in the use
of the real property acquired by the public entity.
(9) lIPublic uself means a use for which real property may be
acquired by eminent domain.
(h) "Mortgage II means classes of liens that are commonly given to
secure advances on, or the unpaid purchase price of, real property,
together with the credit instruments, if any, secured thereby.
(i) "Comparable replacement dwelling" means any dwelling that is
all of the following:
(1) Decent, safe, and sanitary.
(2) Adequate in size to accommoda.te the occupants.,
(3) In the case of a displaced person who is a renter, within the
financial means of the displaced person. A comparable replacement
dwelling is within the financial means of a displaced person if the
monthly rental cost of the dwelling, including estimated average
monthly utility costs, minus any replacement housing payment
available to the person, does not exceed 30 percent of the person's
average monthly income, unless the displaced person meets one or more
of the following conditions, in which case the payment of the
monthly rental cost of the comparable replacement dwelling, including
estimated average monthly utility costs, minus any replacement
housing payment available to the persoD, shall not exceed 25 percent
of the person1s average monthly income:
(A) Prior to January 1, 199B, the displaced person received a
notice to vacate from a public entity, or from a person having an
agreement with a public entity.
(B) The displaced person resides on property that was acquired by
RDA Resolution No. 2003-1840
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W AIS Document Retrieval
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a pUblic entity, or by a person having an agreement with a public
entity, prior to January 1, 1998.
(C) Prior to January 1, 1998, a public entity, or a person having
an agreement with a public entity, initiated negotiations to acquire
the property on which the displaced person resides.
(D) Prior to January 1, 1998, a public entity, or a person having
an agreement with a public entity, entered into an agreement to
acquire the property on which the displaced person resides.
(E) Prior to January 1, 1998, a public entity, or a person having
an agreement with a public entity, gave written notice of intent to
acquire the property on which the displaced person resides.
(F) The displaced person is covered by, or resides in an area or
project covered by, a final relocation plan that was adopted by the
legislative body prior to January 1, 1998, pursuant to this chapter
and the regulations adopted pursuant to this chapter.
(G) The displaced person is covered by, or resides in an area or
project covered by, a proposed relocation plan that was required to
have been submitted prior to January 1, 1998, to the Department of
Housing and Community Development or to a local relocation committee,
or for which notice was required to have been provided to occupants
of the property prior to January 1, 1998, pursuant to this chapter
and the regulations adopted pursuant to this chapter.
(H) The displaced person is covered by, or resides in an area or
project covered by, a proposed relocation plan that was submitted
prior to January 1, 1998, to the Department of Housing and Community
Development or to a local relocation committee, or for which notice
was provided to the public or to occupants of the property prior to
January 1, 199B, pursuant to this chapter and the regulations adopted
pursuant to this chapter, and the person is eventually displaced by
the project covered in the proposed relocation plan.
(I) The displaced person resides on property for which a contract
for acquisition, rehabilitation, demolition, construction, or other
displacing activity was entered into by a public entity, or by a
person baving an agreement with a public entity, prior to January
1998,
(J) The displaced person resides on property where an owner
participation agreement, or other agreement between a public entity
and a private party that will result in the acquisition,
rehabilitation, demolition, or development of the property or other
displacement, was entered into prior to January 1, 199B, and the
displaced person resides in the property at the time of the
agreement, provides information to the public entity, or person
having an agreement with the public entity showing that he or she did
reside in the property at the time of the agreement and is
eventually displaced by the project covered in the agreement.
(4) Comparable with respect to the number of rooms, habitable
space, and type and quality of construction. Comparability under
this paragraph shall not require strict adherence to a detailed,
feature-by-feature comparison. While a comparable replacement
dwelling need not possess every feature of the displacement dwelling,
the principal features shall be present.
(S) In an area not subject to unreasonable adverse environmental
conditions.
(6) In a location generally not less desirable than the location
of the displaced peraonts dwelling with respect to public utilities,
facilities, services', and the displaced person's place of employment.
(j) llDisplacing agency'l means any public entity or person carrying
out a program or project which causes a person to be a displaced
person for a public project.
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(kl "Appraisalll means a written statement independently and
impartially prepared by a qualified appraiser setting forth an
opinion of defined value of an adequately described property as of a
specific date, supported by the presentation and analysis of relevant
market information.
(1) "Small business" means a business as defined in Part 24 of
Title 49 of the Code of Federal Regulations.
(m) "Lead agency" means the Department of Housing and Community
Development.
7260.5. (a) The Legislature finds and declares the following:
(1) Displacement as a direct result of programs or projects
undertaken by a public entity is caused by a number of activities,
including rehabilitation, demolition, code enforcement, and
acquisition.
(2) Relocation assistance policies must provide for fair, uniform,
and equitable treatment of all affected persons.
(3) The displacement of businesses often results in their closure.
(4) Minimizing the adverse impact of displacement is essential to
maintaining the economic and social well-being of communities.
(5) Implementation of this chapter has resulted in burdensome,
inefficient, and inconsistent compliance requirements and procedures
which may be improved by establiShing a lead agency.
(b) This chapter establishes a uniform policy for the fair and
equitable treatment of persons displaced as a direct result of
programs or projects undertaken by a public entity. The primary
purpose of this chapter is to ensure that these persons shall not
suffer disproportionate injuries as a result of programs and projects
designed for the benefit of the public as a whole and to minimize
the hardship of displacement on these persons.
(c) The Legislature intends all of the following:
~~) Public entities shall carry out this chapter in a manner which
minimizes waste, fraud, and mismanagement and reduces unnecessary
administrative costs.
(2) Uniform procedures for the administration of relocation
assistance shall, to the maximum extent feasible, assure that the
unique circumstances of any displaced person are taken into account
and that persons in essentially similar circumstances are accorded
equal treatment under this chapter.
(3) The improvement of housing conditions of economically
disadvantaged persons under this chapter shall be undertaken, to the
maximum extent feasible, in coordination with existing federal,
state, and local government programs for accomplishing these goals.
(4) The policies and procedures of this chapter shall be
administered in a manner which is consistent with fair housing
requirements and which assures all persons their rights under Title
VIII of that act of April 11, 1968 (Public Law 90-284), commonly
known as the Civil Rights Act of 1968 and Title VI of the Civil
Rights Act of 1964.
7260.7. Notwithstanding any other provision of law, in furtherance
of the goal set forth in paragraph (3) of subdivision (c) of Section
7260.5, nonprofit facilities subsidized pursuant to any federal or
state program for the benefit of low-income tenants that restrict
rent increases based on operating cost increases, and that also
receive state funds for renovation and rehabilitation involving the
RDA Resolution No. 2003-1840
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"""\
temporary relocation of those tenants, shall be exempt from any
restrictions on rents imposed pursuant to this chapter.
7261. fa) Programs er projects undertaken by a public entity shall
be planned in a manner that (1) recognizes, at an early stage in the
planning of the programs or projeccs and before the commencement of
any actions which will cause displacements, the problems associated
with the displacement of individuals I families, businesses, and farm
operations, and (2) provides for the resolution of these problems in
order to minimize adverse impacts on displaced persons and to
expedite program or project advancement and completion. The head of
the displacing agency shall ensure the relocation assistance
advisory services described in subdivision (c) are made available to
all persons displaced by the public entity. If the agency determines
that any person occupying property immediately adjacent to the
property where the displacing activity occurs is caused substantial
economic injury as a result thereof, the agency may make the advisory
services available to the person.
(b) In giving this assistance, the public entity may establish
local relocation advisory assistance offices to assist in obtaining
replacement facilities for persons, businesses, and farm operations
which find that it is necessary to relocate because of the
acquisition of real property by the public entity.
(c) This advisory assistance shall include those measures,
facilities, or services which are necessary or appropriate to do all
of the following:
(1) Determine and make timely recommendations on the needs and
preferences, if any, of displaced persons for relocation assistance.
"""\
(2) Provide current and continuing information on the
availability, sales prices, and rentals of comparable replacement
dwellings for displaced homeowners and tenants, and suitable
locations for businesses and farm operations.
(3) Assure that, within a reasonable time period prior to
displacement, to the extent that it can be reasonably accomplished,
there will be available in areas not generally less desirable in
regard to public utilities and public and commercial facilities, and
at rents or prices within the financial means of displaced families
and individuals, decent, safe, and sanitary dwellings, sufficient in
number to meet the needs of, and available to, those displaced
persons requiring those dwellings and reasonably accessible to their
places of employment, except that, in the case of a federally funded
project, a waiver may be obtained from the federal government.
(4) Assure that a person shall not be required to move from a
dwelling unless the person has had a reasonable opportunity to
relocate to a comparable replacement dwelling, except in the case of
any of the following:
(A) A major disaster as defined in Section 102(2) of the federal
Disaster Relief Act of 1974.
(B) A state of emergency declared by the President or Governor.
(C) Any other emergency which requires the person to move
immediately from the dwelling because continued occupancy of the
dwelling by the person constitutes a substantial danger to the health
or safety of the person.
(5) Assist a person displaced from a business or farm operation in
obtaining and becoming established in a suitable replacement
location.
(6) Supply information concerning other federal and state programs
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which may be of assistance to those persons in applying for
assistance under the program.
(7) Provide other advisory services to displaced persons in order
to minimize hardships to those persons.
(d) The head of the displacing agency shall coordinate its
relocation assistance program with the project work necessitating the
displacement and with other planned or proposed activities of other
public entities in the community or nearby areas which may affect the
implementation of its relocation as"sistance program.
(e) Notwithstanding subdivision (c) of Section 7260, in any case
in which a displacing agency acquires property for a program or
project, any person who occupies the property on a rental basis for a
short term or a period subject to termination when the property is
needed for the program or project, shall be eligible for advisory
services to the extent determined by the displacing agency.
7261.5. In order to prevent unnecessary expenses and duplications
of functions, and to promote uniform and effective administration of
relocation assistance programs for displaced persons under this
chapter, a public entity may enter into a contract with any
individual, firm, association, or corporation for services in
connection with such program, or may carry out its functions under
this chapter through any federal, state, or local governmental agency
having an established organization for conducting relocation
assistance programs. Any public entity may, in carrying out its
relocation assistance activities, utilize the services of state or
local housing agencies or other agencies having experience in the
administration or conduct of similar housing assistance activities.
7262. (a) Whenever a program or project to be undertaken by a
public entity will result in the displacement of any person, the
displaced person is entitled to payment for actual moving and related
expenses as the public entity determines to be reasonable and
necessary, including expenses for all of the following:
(I) Actual and reasonable expenses in moving himself or herself,
his or her family, business, or farm operation, or his or her, or his
or her family's, personal property.
(2) Actual direct losses of tangibl~ personal property as a result
of moving or discontinuing a business or farm operation, but not to
exceed an amount equal to the reasonable expenses that would have
been required to relocate the property, as determined by the public
entity.
(3) Actual and reasonable ~enses in searChing for a replacement
business or farm, not to exceed one thousand dollars ($1,000)_
(4) Actual and reasonable expenses necessary to reestablish a
displaced farm, nonprofit organization, or small business at its new
site, but not to exceed ten thousand dollars ($10,000).
(b) Any displaced person eligible for payments under subdivision
(a) who is displaced from a dwelling and who elects to accept the
payments authorized by this subdivision in lieu of the payments
authorized by subdivision (a) shall receive a moving expense and
dislocation allowance which shall be determined according to a
schedule established by the head of the lead agency. The schedule
shall be consistent with the Residential Moving Expense and
Oislocation Allowance Payment Schedule established by Part 24 of
Title 49 of the Co4e of Federal Regulations.
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(c) Any displaced person who moves or discontinues his or her
business or farm operation and elects to accept the payment
authorized by this subdivision in lieu of the payment authorized by
subdivision (a), shall receive a fixed relocation payment in an
amount equal to the average annual net earnings of the business or
farm operation, except that the payment shall not be less than one
thousand dollars ($1,000) nor more than twenty thousand dollars
1$20,000). In the case of a business, no payment shall be made under
this subdivision, unless the public entity is satisfied that the
business cannot be relocated without substantial loss of patronage
and is not part of a commercial enterprise having at least one other
establishment not being acquired, engaged in the same or similar
business. For purposes of this subdivision, the term "average annual
net earnings II means one-half of any net earnings of the business or
farm operation before federal, state, and local income taxes during
the two taxable years immediately preceding the taxable year in which
the business or farm operation moves from the real property being
acquired, or during any other periOd as the public entity determines
to be more equitable for establishing earnings, and includes any
compensation paid by the business or farm operation to the owner, his
or her spouse, or his or her dependents during the two-year or other
period. To be eligible for the payment authorized by this
subdivision, the business or farm operation shall make available its
state income tax records, financial statements, and accounting
records, for confidential use pursuant to an audit to determine the
payment pursuant to this subdivision. In regard to an outdoor
advertising display, payment pursuant to this subdivision shall be
limited to the amount necessary to physically move, or replace that
display. Any displaced person eligible for payments under
subdivision (a) who is displaced from the person's place of business
or farm operation and who is eligible under criteria established by
the public entity, may elect to accept a fixed payment in lieu of the
payment authorized by subdivision (a). The fixed payment shall oot
be less than one thousand dollars ($1,000) nor more than twenty
thousand dollars ($20,000). A person whose sole business at the
displacement dwelling is the rental of the property to others shall
not qualify for a payment under this subdivision.
(d) Whenever the acquisition of real property used for a business
or farm operation causes the person conducting the business or farm
operation to move from other real property, or to move his or her
personal property from other real property, the person shall receive
payments for moving and related expenses under subdivision {a) or (b)
and relocation advisory assistance under Section 7261 for moving
from the other property.
(e) Whenever a public entity must pay the cost of moving a
displaced person under paragraph (1) of subdivision (a), or
subdivision (d):
(1) The costs of the move shall be exempt from regulation by the
Public Utilities Commission.
{2} The publ~c entity may solicit competitive bids from qualified
bidders for performance of the work. Bids submitted in response to
the solicitations shall be exempt from regulation by the Public
Utilities Commission.
(f) No provision of this chapter shall be construed to require a
public entity to provide any relocation assistance to a lessee if the
property acquired for a program or project is subject to a lease for
purposes of conducting farm operations and the public entity agrees
to assume all of the terms of that lease.
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7262.5. Notwithstanding Section 7265.3 or any other provision of
law, tenants residing in any rental project who are displaced from
the project for a period of one year or less as part of a
rehabilitation of that project, that is funded in whole or in part by
a public entity, shall not be eligible for permanent housing
assistance benefits pursuant to Sections 7264 and 7264.5 if all of
the following criteria are satisfied:
(a) The project is a "qualified affordable housing preservation
project/II which means any complex of two or more units whose owners
enter into a recorded regulatory agreement, having a term for the
useful life of the project, with any entity for the provision of
project rehabilitation financing. For this purpose, the regulatory
agreement shall require of the owner and all successors and assigns
of the owner, as long as the regulatory agreement is in effect, that
at least 49 percent of the tenants in the project have, at the time
of the recordation of the regulatory agreement, incomes not in excess
of 60 percent of the area median income, adjusted by household size,
as determined by the appropriate agency of the state. In addition,
a project is a qualified affordable housing preservation project only
if the beneficiary of the regulatory agreement elects this
designation by so indicating on the regulatory agreement.
(b) The resident is offered the right to return to his or her
original unit, or a comparable unit in the same complex if his or her
original unit is not otherwise available due to the rehabilitation,
with rent for the first 12 months subsequent to that return being the
lower of the following: up to 5 percent higher than the rent at the
time of displacement; or up to 30 percent of household income.
(c) The estimated time of displacement is reasonable, and the
temporary unit is not unreasonably impacted by the effects of the
construction, taking into consideration the ages and physical
conditions of the members of the displaced household.
(d) All other financial benefits and services otherwise required
under this chapter are provided to the residents temporarily
displaced from their units, including relocation to a comparable
replacement unit. Residents shall be temporarily relocated to a unit
within the same complex, or to a unit located reasonably near the
complex if that unit is in a location generally not less desirable
than the location of the displaced person's dwelling with respect to
publiC utilities, services, and the displaced person's place of
employment.
7263. (a) In addition to the payments required by Section 7262, the
public entity, as a part of the cost of acquisition, shall make a
payment to the owner of real property acquired for public use which
is improved with a dwelling actually owned and occupied by the owner
as a permanent or customary and usual place of abode for not less
than 180 days prior to the initiation of negotiation for the
acquisition of that property.
(b) The payment, not to exceed twenty-two thousand five hundred
dollars ($22,500), shall be based on the following factors:
(1) The amountt if any, which, when added to the acquisition cost
of the dwelling acquired by the public entity equals the reasonable
cost of a comparable replacement dwelling.
(2) The amount, if any, which will compensate the displaced owner
for any increased interest costs which the owner is required to pay
for financing the acquisition of a comparable replacement dwelling.
The amount shall be paid only if the dwelling acquired by the
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"""'"
displacing agency was encumbered by a bona fide mortgage which was a
valid lien on the dwelling for not less than 180 days immediately
prior to the initiation of negotiations for the acquisition of the
dwelling. All of the mortgages on the acquired dwelling shall be
used to compute the payment. The amount shall be computed using the
lesser of the principal balance of the mortgage on the replacement
dwelling or the outstanding principal balance of the mortgage on the
acquired dwelling and the lesser of the remaining term on the
acquired dwelling or the actual term of the new mortgage. The
present value of the increased interest costs shall be computed based
on the lesser of the prevailing interest rate or the actual interest
rate on the replacement property. The amount shall also include
other reasonable debt service costs incurred by the displaced owner.
For the purposes of this subdivision, if the replacement dwelling
is a mobilehome, the term Umortgage," as defined in subdivision (h)
of Section 7260, shall include those liens as are commonly given to
secure advances on, or the unpaid purchase price of, mobilehomes,
together with the credit instruments, if any, secured thereby.
(3) Reasonable expenses incurred by the displaced owner for
evidence of title, recording fees, and other closing costs incident
to the purchase of the replacement dwelling, but not including
prepaid expenses.
(c) The additional payment authorized by this section shall be
made only to a displaced owner who purchases and occupies a decent,
safe, and sanitary replacement dwelling within one year from the
later of the following:
(1) The date the displaced person receives final payment for the
displacement dwelling, or in the case of condemnation, the date the
full amount of estimated just compensation is deposited in court.
(2) The date the displacing agency fulfulls its obligation to make
available at least one comparable replacement dwelling to the
displaced person.
However, the displacing agency may extend the period for good
cause. Also, the displaced owner and the public entity may agree in
writing that the displaced owner may remain in occupancy of the
acquired dwelling as a tenant of the public entity on the conditions
that the displaced owner shall only be entitled to the payment
authorized by this section on the date on whicb the owner moves from
the acquired dwelling and that the payment shall be in an amount
equal to that to which the owner would have been entitled if the
owner had purchased and occupied a replacement dwelling one year
subsequent to the date on which final payment was received for the
acquired dwelling from the public entity.
(d) In implementing this chapter, it is the intent of the
Legislature that special consideration be given to the financing and
location of a comparable replacement dwelling for displaced persons
62 years of age or older.
"""'"
7263.5, For purposes of Section 7263, the leasing of a condominium
for a 99-year period, or for a term which exceeds the life expectancy
of the displaced person as determined from the most recent life
tables in Vital Statistics of the United States, as published by the
Public Health Service of the Department of Health, Education, and
Welfare, shall be deemed a purchase of the condominium.
"""'"
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7264. (a) In addition to the payments required by Section 7262, as
a part of the cost of acquisition, the public entity shall make a
payment to any displaced person displaced from any dwelling not
eligible to receive a payment under Section 7263 which was actually
and lawfully occupied by the person as a permanent or customary and
usual place of abode for not less than 90 days prior to the
initiation of negotiation by the public entity for the acquisition of
the dwelling, or in any case in which displacement is not a direct
result of acquisition, or any other event which the public entity
shall prescribe.
(b) The payment/not to exceed five thousand two hundred fifty
dollars ($5,250), shall be the additional amount which is necessary
to enable the person to lease or rent a comparable replacement
dwelling for a period not to exceed 42 months, unless the displaced
person meets one or more of the conditions set forth in paragraph (3)
of subdivision (i) of Section 7260/ in which case the payment, which
shall not exceed five thousand two hundred fifty dollars ($5,250),
shall be the additional amount wbich is necessary to enable the
person to lease or rent a comparable replacement dwelling for a
period not to exceed 48 months. However, pUblicly funded
transportation projects shall make payments enabling the person to
lease or rent a comparable replacement dwelling for a period Dot to
exceed 42 months, including compensation for utilities, as provided
in subdivision (b) of Section 24.402 of Part 24 of Title 49 of the
Code of Federal Regulations. Payments up to the maximum of five
thousand two hundred fifty dollars ($5,250) shall be made in a lump
sum. Should an agency pay pursuant to Section 7264.5 an amount
exceeding the maximum amount, payment may be made periodically.
Computation of a payment under this subdivision to a low-income
displaced person for a comparable replacement dwelling shall take
into account the person1s income.
(c) Any person eligible for a payment under subdivision (a) may
elect to apply the payment to a downpayment on, and other incidental
expenses pursuant to, the purchase of a decent, safe, and sanitary
replacement dwelling. The person may, at the discretion of the
public entity, be eligible under this subdivision for the maximum
payment allowed under subdivision (b), except that, in the case of a
displaced homeowner who has owned and occupied the displacement
dwelling for at least 90 days but not more than leD days immediately
prior to the initiation of negotiations for the acquisition of the
dwelling, the payment shall not exceed the payment which the person
would otherwise have received under subdivision (b) of Section 7263
had the person owned and occupied the displacement dwelling 180 days
immediately prior to the initiation of the negotiations.
(d) In implementing this chapter, it is the intent of the
Legislature that special consideration shall be given to assisting
any displaced person 62 years of age or older to locate or lease or
rent a comparable replacement dwelling.
7264.5. (a) If a program or project undertaken by the public entity
cannot proceed on a timely basis because comparable replacement
housing is not available and the public entity determines that
comparable replacement housing cannot otherwise be made available,
the public entity shall take any action necessary or appropriate to
provide the dwellings by use of funds authorized for the project.
This section shall be construed to authorize the public entity to
exceed the maximum amounts which may be paid under Seetions 7263 and
7264 on a case-by-case basis for good cause as determined in
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""""
accordance with rules and regulations adopted by the public entity.
Where a displacing agency is undertaking a project with funds
administered by a state agency or board, and where the displacing
agency has adopted rules and regulations in accord~ce with Section
7267.8 for the implementation of this chapter, the determination of
payments to be made pursuant to this subdivision shall be pursuant to
those rules and regulations.
(b) No person shall be required to move from his or her dwelling
because of its acquisition by a public entity, unless comparable
replacement housing is available to the person.
(e) For purposes of determining the appliCability of subdivision
(a), the public entity is hereby designated as a duly authorized
administrative body of the state for the purposes of subdivision (c)
of Section 408 of the Revenue and Taxation Code.
(d) Subdivision (b) shall not apply to a displaced owner who
agrees in writing with the public entity to remain in occupancy of
the acquired dwelling as provided in subdivision (cl of Section 7263.
7265. (a) In addition to the payments required by Section 7262, as
a cost of acquisition, the public entity shall make a payment to any
affected property owner meeting the requirements of this section.
(b) The affected property shall be immediately contiguous to
property acquired for airport purposes and the owner shall have owned
the property affected by acquisition by the public entity not less
than 180 days prior to the initiation of negotiation for acquisition
of the acquired property.
{c} The payment, not to exceed twenty-two thousand five hundred
dollars {$22,500l, shall be the amount, if any, which equals the
actual decline in the fair market value of the property of the
affected property owner caused by the acquisition by the public
entity for airport purposes of other real property and a change in
the use of the property.
(d) The amount, if any, of actual decline in fair market value of
affected property shall be determined according to rules and
regulations adopted by the public entity pursuant to this chapter.
The rules and regulations shall limit payment under this section only
to those circumstances in which the decline in fair market value of
affected property is reasonably related to objective physical change
in the use of acquired property.
~
7265.3. (al A public entity may make payments in the amounts it
deems appropriate, and may provide advisory assistance under this
chapter, to a person who moves from a dwelling, or who moves or
discontinues his business, as a result of impending rehabilitation or
demolition of a residential or commercial structure, or enforcement
of building, housing/ or health codes by a public entity, or because
of systematic enforcement pursuant to Section 37924.5 of the Health
and Safety Code, or who moves from a dwelling or who moves or
discontinues a business as a result of a rehabilitation or demolition
program or enforcement of building codes by the public entity, or
because of increased rents to result from such rehabilitation or eode
enforcement. Payments prescribed by subdivision (b) of Section 7264
may also be made to persons who remain in a dwelling during
rehabilitation. Payments authorized by this section and made
pursuant to subdivision (b) of Section 7264 may, at the option of the
public entity, be computed and reviewed annually based on actual
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rental increases, and may be paid monthly or annually. A public
entity may also give priority to a person who moves from a dwelling,
or who remains in a dwelling during rehabilitation, in utilization of
local, state, or federa~ rental assistance programs, either to
ehable the person to pay increased rents or to move to other suitable
housing.
A public entity assisting in the financing of rehabilitation may
provide some or all of the payments authorized by this section as
part of the loan for rehabilitation costs, provided that the public
entity makes payments directly to the person who moves or who remains
in the dwelling during rehabilitation.
(b) A public entity shall make payments in the amounts prescribed
by this chapter, and shall provide advisory assistance under this
chapter, to persons and families of low or moderate income, as
defined in Section 50093 of the Health and Safety Code, whose rent,
within one year after the rehabilitation of their dwelling is
completed, is increased to an amount exceeding 25 percent of their
gross income, or who mOve from their dwelling, as the result of a
rehabilitation program in which the rehabilitation work is wholly or
partially financed or assisted with public funds provided by or
through the public entity.
(c) A public entity shall provide temporary housing for up to 90
days to persons displaced by rehabilitation work which is wholly or
partially financed or assisted with public funds provided by or
through the public entity.
(d) A person displaced by rehabilitation work which is wholly or
partially financed or assisted with pUblic funds provided by or
through the public entity shall, as a condition of the financing or
assistance, be given the option of relocating, after rehabilitation,
in the dwelling from which the person was displaced.
(el A public entity may limit the amounts of payments made
pursuant to subdivision (b), otherwise calculated pursuant to
subdivision (b) of Section 7264, to the lesser of: (i) the
difference between the increased rent and 25 percent of gross income;
or (ii) the difference between the increased rent and the rent
immediately before the rehabilitation which was greater than 25
percent of gross income.
(f) The payments and advisory assistance as required in this
section shall be mandatory only if federal or state funds are
available. However, nothing shall preclude the pUblic entity from
using local funds.
7265.4. In addition to the payments required by Section 7262, as a
cost of acquisition, the public entity, as soon as practicable after
the date of payment of the purchase price or the date of deposit in
court of funds to satisfy the award of compensation in a condemnation
proceeding to acquire real property, whichever is the earlier, shall
reimburse the owner, to the extent the public entity deems fair and
reasonable, for expenses the owner necessarily incurred for recording
fees, transfer taxes, and similar expenses incidental to conveying
such real property to the public entity.
7266. (a) If a relocation appeals board has been established
pursuant to Section 33417.5 of the Health and Safety Cod., a city by
ordinance may designate the board to hear appeals from all public
entities, except those state agencies which have an appeal process,
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~
on the eligibility for, or the amount ofl a payment authorized by
this chapter.
(b) Any person aggrieved by a determination as to eligibility for,
or the amount of, a payment authorized by this chapter may have the
application reviewed by the public entity or by the relocation
appeals board if authorized under subdivision (a). The review of a
determination by a community redevelopment agency may only be made by
a relocation appeals board established pursuant to Section 33417.5
of the Health and Safety Code.
726/. In order to encourage and expedite the acquisition of real
property by agreements with owners, to avoid litigation and relieve
congestion in the courts, to assure consistent treatment for owners
in the public programs, and to promote public confidence in public
land acquisition practices, pUblic entities shall, to the greatest
extent practicable, be guided by the provisions of Sections 7267.1 to
7267.7, inclusive, except that the provisions of subdivision (bl of
Section 7267.1 and Section 7267.2 shall not apply to the acquisition
of any easement, right-of-way, covenant, or other nonpossessory
interest in real property to be acquired for the construction,
reconstruction, alteration, enlargement, maintenance, renewal,
repair, or replacement of subsurface sewers, waterlines or
appurtenances, drains, septic tanks, or storm water drains.
7267.1. (a) The public entity shall make every reasonable effort to
acquire expeditiously real property by negotiation.
(b) Real property shall be appraised before the initiation of
negotiations, and the owner, or the owner's designated
representative, shall be given an opportunity to accompany the
appraiser during his or her inspection of the property. However, the
public entity may prescribe a procedure to waive the appraisal in
cases involving the acquisition by sale or donation of property with
a low fair market value.
'"""\
7267.2. (a) Prior to adopting a resolution of necessity pursuant to
Section 1245.230 of the Code of Civil procedure and initiating
negotiations for the acquisition of real property, the public entity
shall establish an amount which it believes to be just compensation
therefor, and shall make an offer to the owner or owners of record to
acquire the property for the full amount so established, unless the
owner cannot be located with reasonable diligence. The offer may be
conditioned upon the legislative body'S ratification of the offer by
execution of a contract of acquisition or adoption of a resolution of
necessity or both. In no event shall the amount be less than the
public entity's approved appraisal of the fair market value of the
property. Any decrease or increase in the fair market value of real
property to be acquired prior to the date of valuation caused by the
public improvement for which the property is acquired, or by the
likelihood that the property would be acquired for the improvement,
other than that due to physical deterioration within the reasonable
~ontrol of the owner or occupant, shall be disregarded in determining
the compensation for the property.
(b) The public entity shall provide the owner of real property to
be acquired with a written statement of, and summary of the basis
for, the amount it established as just compensation. The written
statement and summary shall contain detail sufficient to indicate
'""'"
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clearly the basis for the offer, including, but not limited to, all
of the following information:
(1) The date of valuation, highest and best use, and applicable
zoning of property.
(2) The principal transactions, reproduction or replacement cost
analysis, or capitalization analysis, supporting tbe determination of
value.
(3) Where appropriate, the just compensation for the real property
acquired and for damages to remaining real property shall be
separately stated and shall include the calculations and narrative
explanation supporting the compensation, including any offsetting
benefits.
(c) Where the property involved is owner occupied residential
property and contains no more than four residential units, the
homeowner sh~ll, upon request, be allowed to review a copy of the
appraisal upon which the offer is based. The public entity may, but
is not required to, satisfy the written statement, summary, and
review requirements of this section by providing the owner a copy of
the appraisal on which the offer is based.
(dJ Notwithstanding subdivision (al, a public entity may make an
offer to the owner or owners of record to acquire real property for
less than an amount which it believes to be just compensation
therefor if (1) the real property is offered for sale by the owner at
a specified price less than the amount the public entity believes to
be just compensation therefor, (2) the public entity offers a price
which is equal to the specified price for which the property is being
offered by the landowner, and (3) no federal funds are involved in
the acquisition, construction, or project development.
(e) As used in subdivision (d), Iloffered for salen means any of
the following:
(1) Directly offered by the landowner to the public entity for a
specified price in advance of negotiations by the public entity.
(2) Offered for sale to the general public at an advertised or
published, specified price set no more than six months prior to and
still available at the time the public entity initiates contact with
the landowner regarding the public entity1s possible acquisition of
the property.
7267.3. The construction or development of a pUblic improvement
shall be so scheduled that, to the greatest extent practicable, no
person lawfully occupying real property shall be required to move
from a dwelling, assuming a replacement dwelling will be available,
or to move his business or farm operation, without at least 90 days'
written notice from the public entity of the date by which such move
is required.
7267.4. If the public entity permits an owner or tenant to occupy
the real property acquired on a rental basis for a short term, or for
a period subject to termination by the public entity on short
notice, the amount of rent required shall not exceed the fair rental
value of the property to a short~term occupier.
7267.5. In no event shall the public entity either advance the time
of condemnation, or defer negotiations or condemnation and the
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deposit of funds in court for the use of the owner, or take any other
action coercive in nature, in order to compel an agreement on the
price to be paid for the property.
7267.6. If any interest in real property is to be acquired by
exercise of the power of eminent domain, the public entity shall
institute formal condemnation proceedings. No public entity shall
intentionally make it necessary for an owner to institute legal
proceedings to prove the fact of the taking of his real property.
7267.7. (a) If the acquisition of only a portion of a property
would leave the remaining portioo in such a shape or condition as to
constitute an uneconomic remnant, the public entity shall offer to
acquire the entire property if the owner so desires.
{b) A person whose real property is being acquired in accordance
with this chapter may, after the person has been fully informed of
his or her right to receive just compensation for the property,
donate the property, any part thereof, any interest therein, or any
compensation paid therefor to a public entity determined by the
person.
7267.8. (a) All public entities shall adopt rules and regulations
to implement payments and to administer relocation assistance under
this chapter. These rules and regulations shall be in accordance with
the rules and regulations adopted by the Department of Housing and
Community Development.
(bl Notwithstanding subdivision (a), with respect to a federally
funded project, a public entity shall make relocation assistance
payments and provide relocation advisory assistance as required under
federal law.
~
7267.9. (a) Prior to the initiation of negotiations for acquisition
by a public entity or public utility of nonprofit, special use
property, as defined by Section 1235.155 of the Code of Civil
Procedure, the acquiring public entity or public utility shall make
every reasonable effort to seek alternative property which is otber
than nonprofit, special use property. However, this requirement
shall not apply to properties acquired by public entities for
transportation purposes, including, but not limited to, the
construction, expansion, or improvement of streets, highways, or
railways.
(bl This section does not apply to actions or proceedings
commenced by a public entity or public utility to acquire real
property or any interest in real property for the use of water,
sewer, electricity, telephone, natural gas, or flood control
facilities or rights-of-way where those acquisitions neither require
removal or destruction of existing improvements, nor render the
property unfit for the owner1s present or proposed use.
'""'"""
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7269. (a) No payment received by any person under this chapter or
as tenant relocation assistance required by any state statute or
local ordinance shall be considered as income for the purposes of the
Personal Income Tax Law, Part 10 (commencing with Section 17001) of
Division 2 of the Revenue and Taxation Code, or the Bank and
Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code.
(b) No payment received by any person under this chapter shall be
considered as income or resources to any recipient of public
assistance and such payments shall not be deducted from the amount of
aid to which the recipient would otherwise be entitled under any
other provisions of law.
7269.1. Where a recipient of relocation benefits payments under
federal or state law is also a general assistance recipient under
Part 5 (commencing with Section 17000) of Division 9 of the Welfare
and Institutions Code and two or more rent schedules apply to the
recipient, the highest shall prevail and any excess amount over lower
rent schedule shall not be counted as income or resources for
general assistance purposes under Part 5 (commencing with Section
17000) of Division 9 of the Welfare and Institutions Code.
7270. Nothing contained in this chapter shall be construed as
creating in any condemnation proceedings brought under the power of
eminent domain any element of damages not in existence on the date of
enactment of this chapter.
7271. If any provlslon of this chapter or the application thereof
to any person or circumstances is held invalid, such invalidity shall
not affect other provisions or applications of this chapter which
can be given effect without the invalid provision or application. and
to this end the provisions of this chapter are severable.
7272. If under any other prov~s~on of law of this state the owner
or occupant of real property acquired by a public entity for public
use is given greater protection than is provided by Sections 7265.3
to 7267.8, inclusive, the public entity shall aleo comply with such
other provision of law.
7272.3. It is the intent of the Legislature, by this chapter, to
establish minimum requirements for relocation assistance payments by
public entities. This chapter shall not be construed to limit any
other authority which a public entity may have to make other
relocation assistance payments, br to make any relocation assistance
payment in an amount which exceeds the maximum amount for such
payment authorized by this chapter.
Any public entity may, also, make any other relocation assistance
payment. or may make any relocation assistance payment in an amount
which exceeds the maximum amount for such payment authorized by this
chapter, if the making of such payment, or the payment in such
amount. is required under federal law to secure federal funds.
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7272.5. Nothing contained in this article shall be construed as
creating in any condemnation proceeding brought under the power of
eminent domain, any element of damages not in existence on the date
the public entity commences to make payments under the provisions of
this article as amended by the act which enacted this section at the
1971 Regular Session of the Legislature.
7273. Funds received pursuant to Sections 2106 and 2107 of the
Streets and Highways Code may be expended by any city to provide
relocation advisory assistance, and to make relocation assistance
payments, to displaced persons displaced because of the construction
of city highways or streets.
7274. Sections 7267 to 7267.7, inclusive, create no rights or
liabilities and shall not affect the validity of any property
acquisitions by purchase or condemnation.
7275. Whenever any public entity acquires real property by eminent
domain, purchase, or exchange, the purchase price and other
consideration paid by such entity is public information and shall be
made available upon request from the entity concerned.
~
7276. (a) If a resolution is adopted under Section 1~45.330 of the
Code of Civil procedure consenting to the acquisition of property by
eminent domain and the person authorized by the resolution to acquire
the property by eminent domain acquires the property by purchase,
eminent domain, or otherwise, that person shall provide relocation
advisory assistance and shall make any of the payments required to be
made by public entities pursuant to the provisions of this chapter
in conformity with this chapter and the guidelines adopted by the
Commission of Housing and Community Development pursuant to Section
7268.
(b) This section does not apply to public utilities which are
subject to ehe provisions of Article 6 (commencing with Section 600)
of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code or
to public entities which are subject to this chapter.
7277. (a) The requirement to provide relocation assistance and
benefits imposed by this chapter shall not apply to a purchase of
property which is offered for sale by the owner, property being sold
at execution or foreclosure sale, or property being sold pursuant to
court order or under court supervision if the property in any of the
foregoing situations is either occupied by the owner or is
unoccupied, and if the offer for sale is not induced by public entity
disposition, planned condemnation, or redevelopment of surrounding
lands, and if the sales price is fair market value OT leES, as
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RDA Resolution No. 2003-1840
Page 43
W AlS Document Retrieval
determined by a qUalified appraiser, and if no federal funds are
involved in tbe acquisition, construction, or project development.
"Offered for salell means either advertised for sale in a publication
of general circulation published at least once a week or listed with
a licensed real estate broker and published in a multiple listing,
pursuant to Section 1087 of the Civil Code.
(bl At the time of making an offer to acquire property under
subdivision (a), public entities shall notify the property owner in
writing, of the following:
(1) The public entity'S plans for developing the property to be
acquired or the surrounding property.
(2) Any relocation assistance and benefits provided pursuant to
state law which the property owner may be forgoing.
RDA Resolution No. 2003-1840
Page 44
Method of Relocation
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Exhibit B - State Relocation Guidelines
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RDA Resolution No. 2003-1840
Page 45
TItleZS
Department ofHmuiaC aDd CommUDity n..du........t Programs
f 600lI
Chapter 6. Department of Housing and
Community Development Programs
Subchapter 1. Relocation Assistance and
Real Property Acquisition Guidelines
Article 1. General
'6000. Order of Adoption.
This subchapter (hereinafter :referred to as tbe "GuidcHnesj is
adopted pun.... to the provisions ofSo::tion 41135. Health and Safety
Code.. in order to implemcDl, intcrpn:l and to make specific provisions of
DivWon 7. commencing with Section 7260 of the Govemmenl Code
(hcrcioaflor Jefemd ... as the "Act"). relating 10 n:IocaIion aslis1all\%.
1~ resort bousiDg and real property acquililion.
Nora Au1borily ciIcd for 0>0pIcr6: Scai... 41134. 41135. ODd 41226. HcalII1
and Safety Code. Rd'c:rc:m:e: SccLian 7260 d 1IlG.. Ocwe:nnnent Code; 411>4.
41135,.ad 41226, HeI11h ad Safety Cock..
H=y
1. Amcndmcn1 flied 11-~76., III ~ ~ dl'cclive J 1-27-76
(Rqistcr76. No. 44). ForpriorhiatOf)'.1CC Rcgistcr76, No. 44.
2. Rcdcsipmioo DfChaptcr6 (Sections 6000-6198, bOlCOllleClldl'C) UJ c.pac::r
6. Subchaplcr J (Scct.iDDl 6000-6191, DOl consecutive) f'i~ 1-28-77 .. procc.
dunl.d orpniutiOllll: cITcctiw. upon filin, (Rc~ 71 NCl. S).
3. A_filed 1-28-77 ..JIlOCOdumllDll.......-effi:ctl..""""fil-
iIIZ (ReJis&cr77. No. 5).
4. Ce:rtiflC::& oCColq)lillhCZ as IOfiUDa orll-~76fi1cd 2-16-77 (Rqisler77.
No.1).
'6002. SbIlament 01 Purpo.. and Policy.
(a) The JlUIPOIC of the Guidelines is 10 assist publle entities in the de-
velopmmlt of regulatiom and procedures lmplemcmioa the Act.
(1)) The Guidelines are dcsipcd... CIIlT)' "'" the following poIicics of
the ^""
(1) Toeosure \hat UDifOl1ll, fair and equitable _ is affcmlcd per-
.... displaoed from their homes. busincases or farms as a result of the
_orapublicentity io onlcrlllat.ucb_sball__diIpro-
ponionaI:c injury lIS a result of action Iaks. for the bcDcfit of \be public
IS a whole; and
(2) In the aequilitioo of real propctty by a public: IlIIlity, 10_.....
as...t and fair _ for OWllCfl of reo! property to be acquired, ...
encourage and cxpedile aequilition by qrecment with owners of ouch
propcny in onlcr... avoid litiptioo and relieve ~on in courtS, aDd
... promlIle COlIfidcocc ill public land acquiaidoo,
(e) A poblic omity sbaJl DOl panicipalO io or uodcrlake a projed lhBl
wiD dl.placo indlvilluals from their homes unless ~ n:pI.acc-
mctIl dwcllinp (scclUbsc<:lioo 6OO8(e)) will be a_ within ......
_ period oftimo prior '" displ-
(d) The GnideIiDes are IDIeodeclto estabIisb only minimum require-
mcnIS for relocati... ....lllIIOlZ and poymctIlS. '!bey sba1I DOl be .....
auued to limit my other IlJthority orobliplioo wblch a publle entity may
have '" provide additional wiataocc aod po_
(c) TheAot and the GuideliDes are in_ far the bc:ocfit of diapl_
ponons, 10 """"" Il1at aoc:h pcraons _ fair and equitable """"""'"
and do no< suff... dispropoltiorw: iJUDri<s as the result or _ de-
siplod for the _ of Ibe publle as a whole. Tho Act, G1liclcu- aod
all applicable regulatioos 011 wblch _ODS are baaed sbaJl be
alIIIIlNOd OJ _ tbil......
'6004. Applicability and Supe..ed.....
(0) Ex<:cpt as othcrwlac ooted ill tbil..,ction.. the GuldeIiDos are appli-
cabIc... all displaccmc:01mcl acquisiti... ~ 00 or aflel'theirc1fcc-
tive dalc.JlDI1W)' 1.1977.
(1)) 'Ibcse Guidelines supcrscdc thoao adopted by the Commiasion of
Housing _ rtnft'l'nllftily Ocvelopmc:m on Oaober ]7. 1973. Tbe guide.
lines so sopcracdcdsba11 DOt apply 10 lIlty displ_t...acquiaitioo DC-
curriDl 00 or ""'" the eIfoc:live dBIe 01'_ Cloiddines. A1Iy aoc:h dla-
placement m- acquiaitioa sba11 be &ovcmccl solely by _ Guidelines
and the California R.c1OC1!ioa .A.CI., fDODd III Govemment Code section
7260 el acq.
The provisions of theac Guidelines, bowev.... sba11 Dot be cooatnlCd
retroIlCIivdy '" apply 10 salon(s) _ by a public emit)' prim-...
their effective dale wbc:re the pU:rpOae oftbc.1ICtion was to fulfill obliga-
tions imposed by the At:!. and the actioo i. in compliaDcc with the require-
menll of tbe Act. and the existing Gwdelines.. For the purpose of this sec-
tion the lenD. ..ac:tiaa" sbal1 include but is DDllimited. to: the provision of
informllioo, ooti... other assistaoce, <:o1llplU>blc "'I'1_t bousinl-
P')'lIlCIlts and otherbc:llcfils; the preparationofreloc:8lion and 1astreaon
housing pl.... iocludin& the survcy and analysi. of needs and .....r=;
the processing of lrieva:nces; and the various It.cpS LIken in coancc:tion
with the acquiaition of property fm- public use.
These guidelines sba11 apply... relocsuion pi... and ootlccs ... displa-
a:es .ubsequcDllO tho cfl'ectjve dBIe of my regu1alory provision. The
rilbt of dlspJacces .baIl DOl be reduced In reliance on OIly arnendmeDllO
these guidelines where h may be demomIraIed that the displacec bas
aCLed in Telimce em l notice &i\'CJ1 to tha1 houKbold prior 10 the effective
daIc of my &uide\l1lC.
(e) To the cdeDl m. these Ouidc1iaes are from time to time amended.
the amendments sball be affective prospcc:tively from the daIC\hat they
become effective.
NOTE:: AuIhcmy cilDd: Scc:tim S046O, HcIlIh and Safety Code. Rcfcreoce: A:r~
tick 4, SectioD. I. Califomia Constitatioo.
lltsToay
1.Ameodmc:nlofnblcaiOll(b) filed 11-5-76ullfl~ ~ef1'cc:.
d~ 11-27-16 (Rqiaa' 16. No. 44).
2. CaUli_ of'""""';""'" filed 2-16-77 ~77, No. 8).
3. "'-~-ofllCClioJl_DCWNatE:filed8-i2-91;~9-11-97(hp...
... 97. No. 33).
,6001. AagulallDna.
(a) Each public ...1iIy before IIllllenakiDc or parliclpating in activity
which wID result in the di.pIaocmcot of pcnaoI sba11 adoptrules aod reC-
uiations \hat impIemcnt the n:quin:mcnls or the Act, are in _
with the ~_ of the Guideli1lcs. and prescribe additional proc:e-
dures and requon:mcnts that are appn>priaIc to the panieu1ar avid.,. of
the publlc sly and DOt lncooai""'" with the At:!. or Guidelines.
(1)) Rules and reaulalioos i.sued under tbi& section sba1I be promptly
revisod as aeccsary. to conform to aD)' 6[1 ~ r Itl'l'l",t oflhe Act arQuide.
lines.
'8001. DaBn-.
The foJlowin& _ sba11_
(a) A<:quilitioo.
OblaiDin& ownerabip m- r .\no of -'Y by lawfol means.
. (I>)B_
AIry 1awful activiIy. CIoepla farm opcralIon provided ouch lawful ac-
tivity iI ootm IlI1 unllwfulftl'"t">'PNICJr. defiDed iI1.,~()l"l (V), eon-
cluctod primarily:
(1) Forthe pnn:buo. sale, leuc, ...rental of pcraonal and real Jll'OPI'IlY,
and for the lIlIIIIUIaclme, proc:csslna. m- mari<aiD& of products. COIlUllO-
ditias, or aDy otha' pcnonalpropcrty;
(2) For the ale or services ... the public;
(3) By a~ .......-.....: or
(4) Solely for the P"'JlOIC of a moviSIg _ paymoot (see sectiao
6090). far asliating in tho porclIue, sale, Iaale, --. __
in&, or mmDIiDI ofprodDcu, ~h~. pe:rIOIDaI p:ropcrt)', or 1Cf~
vices by lbt ~ m;I 'l'ftllitu_ of 1m outdoor adYe:rtiIiD& diJpll)'.
whether m- 001 suci> dIaplay is loc:arod 00 the premiaa ao wbicb lIlty or
tho above _ are ............
(c) ~ .."P'.......... DweIliDc.
A dwelling wblt:b aatilfies each of the fo1Iowing _lis:
(l) Dcl:etIt, aafe and sanl1aty (as _ in _00 6D08(d)), and
~...,oobIe 10 the acquiJecl d...uin& with _ OJ IIllIlIbor of rooms.
babIIabIe livio& Ipa<;e and type and qoaIi!y or -... but 001_
Pace 261
.......". 'Nc.C JO-I-IP
_______..L_ ......__ _ ___ ..__ _____~~__ --~----~----~
RDA Resolution No. 2003-1840
Page 46
HODS
BARCLAYS CALIFORNIA CODE OF REGULATIONS
TIIIt 2S
""""
in mOIll! or living .poet thBll rieceSS8l)' IX> IlCCllmmodall: Ihc displscod
penon.
(2) In an area not subjected to unreasonable adverse environmCmal
conditions from either narural or manmadc sources, and not generally
less desirable than the acquired dwelling with teSpecI. to public utilities.
publio and c:ommen:ial facilities and neighborllood conditiom, including
schools and municipal services, and reasonably accessib}e to the dis~
placed person'. preseol or polOlllial place of employment; provided 1hat
a potential place of employmclll may not be used 10 satisfy the accessib11.
it)' requirement if the displaced person objects.
The Act and Guidelines do DOl requ~ that the rc:placemenl dwelling
be generaUy as desiJable as the acquired dwelling with respecl. to cnvi.
ronmental characteristics. Though 8 displaced person does not have to
accept a dwelling subject to unreasonable advem environmental condi-
tions. neither is a public: entity required to duplicate environmental char~
acteristics.. such as scenic vistas or proximit)' to the ocean, lakes, rivers.
forests: or olhc:r nalural phenomena..
If the displaced person so wishes. every reasonable cffon shall be
made 1.0 relocal.e such person within or near 10 his existing neighborhood.
Whenever practicable the replacement dwelling shall be reasonably
close to relatives. friends. services: or organizatiom with whom there is
an existing dependency relationship.
(3) Available on the private market to the displac.ed penon end av&il~
able to all persons rcg81dleS$ of race. color, sex, marital status, religion,
or national origin in a manner consiSl.r.:nt with Title VIJI of the Qvfi
Rights Act of I 968 or an)' other applicable stale or federal anti-discrimi;.
nation law.
(4) To the extent practicable and where consistent with paragraph
(c)(l) of this scaion. functionally equivalcot and substantially the same
as the acquired dwelling, hut not excluding newly constructed housing.
(5)(A) Within the lioanciaJ moans of the di.placed _ A rop_-
menl dwelling is within the financial means of II. displaced person if the
monthly renLal cost (including utilities and othcrn:asonable recurring ex-
penses) minus an)' replacement housing payment available to the penon
(as proviclod in section 6104) cloc:s Dot oxcood thiny pen:oDt ~). of
the person's average mDDlhly ineomc (as dcfiDecl.in subsection 6008(1)).
(B) For homeown...; I "'placement dwdling is within the: financial
means of. displscod penon if tho pun:lwo price of the dwelling includ.
ing rel8Led incr=scd in1ere1it COSl.J and Dl:bcrrcuonable expenses includ~
iog closing costs (a.s described in section 61 (2) docs not exc:cecl the lOW
of the amount of}ust compensation provided for the dweDing acquin:d
and the rq>laccmtDl housing payment available to the person (as pro-
viQcd in acc:tion (102).
If II. dwelling which satisfies these standards is not available the public
entity ml!!)' consider a dwelling which exceeds them..
(d) DecoDl. Sofi: and SWllry,
(l) Housing in sound, clean and weather tight condition, in good repair
and adequately maintained, in conformance with the: applicable swe and
local building, plumbing, oIoctricsl, housing aocl occupaocy coclos or
similar ordinances or regulations and which meetS the foJiowing mini-
mum stBDdBrds:
(A) Each l1ousUoopiog unit .hall ioclwlo .ldtchoo with I fully tillable
sink. a stove Dr c:onnec:tion for a 1tOve.. a separate and complcLc bathroom,
hot IIDd cold running Wltcr in both bathroom and kitchen, ~ adeqWlle
and safe wiring system far lighting and othcre1CC1rical services and hea1~
ing as required by clillllllic cooclitiOllS and local cocIes.
(B) Each _oopiog 1lIIitshalJ be m COIlfurmaoco with "_ ODd
local code __ for boarding hOUlOS. hotoI. and other dwellings f",
coogn:pto living,
(2) When the term d=t, safe and sanillry i. imcrpmed, UDder local,
state or fede::rallaw , as establishing a hiJber standard. the eJc:mentl of that
higher Sl8Ddard, which oxcoed the provision of _ph (I) of this sub-
section, an: incorporated herein. A unit .....hich is occupied. by DO more
than tho maximum DUlIlbor of pooplo snowed UDder tho S_ Builcliog
Code .hall be considered to be in compJi.... with the oocuplm:y provi.
sions of this subIection.
(e) DopartmOllt Department of Housioa and C'.onnm1lli1y Devolop-
melIl.
(f) Di.plscod Penon. Any JlOl'OD who moves from n:al JIlOPOItY, or
who moves his personal property from rca\ property, either:
(1) ~ a result Df 2. writleD notice of intent to a::quire by a public cDlity
or as a result oftbc acquisition of sccb real property, in whole or in pan.,
by . puhlic cotity or by aoy person having ao IIp<:DlOOl with or acting
on behalf of a public entity, or as the result of a wribcnorderfroma public
entity to vacate the real property, for public ute; or
(2) As a result of the rehabilitation, demolition orother dispJacing ac~
tivi.y Ulldonal:co by I puhlio OIItity '" by BIlY person hIving ao_
with or acting on behalf of a public entity of!C81 propcny on which the
person is in lawful occupancy at conducts a business. and the displace..
ment, cxceJt. as provided in Government Code section 7262.5,11515 long~
er than 90 day..
This definition shall be consln1ed so that persons displaced as a result
of public action TCCeive relocation benefits in cues where mey me em.-
placed as a result of an owner panicipation agreement. or an acquisition
carried out by a private penon for or in connection with a public use
where the public entity is OtherwilC c:rnpowrnd 10 acquire the property
10 carry out tho public uso.
(3) Except pmons or famfiicl oflow aDd. modrnlc income,lS defined
in Soc1ion 50093 of the Heallh and Safety Code, who an: oc:eupoou of
housing wroch was made available to them on a permBDeot basis by a
public agency and. who arc required to move from thIt housing, a dis-
placed. penon shan not include any of the following:
(A) Aoy penon who bas been dotermioed IX> be in unllwful occupsooy
of 1ho di.placement propOlty as dolioed in .ubsection 6008(v).
(8) Any person who is a post-acquisition occupant of the displace-
ment dwelling, as provided in section 6034(b);
(C) Any penon who occupied the property fortho __ of obllin-
ina relocation benefits Bnl1 assistance:
(0) Aoy Penon who i. an occupant of I "Qullifiod affnnIahle housing
prcsonollion project" and all n:quimoenls of GoY"""""" Codt soaion
7262.5 are met; '"
(E) Any penon occupying pri.... properly (DOt C>lbatwiIo ontitied IX>
relocation bcncfiu as a ICSult of an acquisition, reblbiUtatioo or demoli-
tion program) who i. roquiJed to move .. I result of lbo i1isplacing
_'. rouUllOenfon:omeot ofbuildio&, housiog orbealth cock:s unioss
the codo oofot=oont i. uodenal= for lbo __ of causing displ.....
mcm in coordination with BlI identified rchabiliwian, conmuaiOll., or
demolition program or projCCL. .
(F) A penon ....ho is not required 10 move permmcady or lempormily
as I n:suIt of the: project as long as thoy are ootified tboy an: DOt roquiJed
to move and the project does not impose an UDR:UODable chaDge. in the
character or use of !be propc:tty.
(G) An owner~pant wbollKn'es U II.resuhofanacquisitiOllmcct-
ing the roquiJcmonu of GovcmlllOlll Code _ TJ:/7.
W Dwclliog. The place of _ or Cl1IlODUUy ODd usuaI _
of I -. including I siogJe-family dwdliog, I singIo-family UDit in
. two-iJumly dwelliog, multi-family or multi__ dwdliog, I unit of
I condominium or CO<lpetOlive housing projOCl, IllOlthousekteping unit.
I mobDohomo, . =atillDll vchicl: as de.aibecl in Health BOd Safety
Codt Section 18010, or my other n:&id=IIIalUDit which eilbor is coosid.
erod IX> be n:al propertyuodcr Stale law '" ClIIIlIOt be moved without sub-
otaotial damage or uorcasooable COIl A n:sideoce _ oat he -.
safe ODd saoillry IX> be Illwelliog.
A aocood home shall be consicleml IX> be I dwolling only for tbo por_
pooe of establishing eligibility for payttU:IIl for moving ODd n:latod ox.
_ (as provillod m section 6090).
(h) Ecanomic Rent. 'J'be amount of rem. tcDaDt or ~...DCf would
have IX> pay for I dwelling siou1ar IX> tho acquired dwolliog in I compara-
ble IIleL
(i) E1daly Howchold. A bousoho1d in which lbo ht:all ofbousoboJd or
SPOU" is 62)'OlUl or oIcIor.
""""
""""
Page 262
a.pwfS. No. 0&1; 10-1-"
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RDA Resolution No. 2003-1840
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TItle2S
Department of Housinj: and Community Development Prognma
lliOU
(j) Family. Two or moi'e individuals "bo by blood, marriage, ad0p-
tion. or mutual CODSeDllive together a& I family unit .
(k) Fann Opcmion. Any BClivity conducted solely orprimariJy forthe
production of one or more agriculw.ral products at commocHties. inc1ud-
I ing timber, for sale or home use.. aDd customarily producing such pr0d-
ucts or commodities in sufficient quantity 10 be capable of contributing
lllBlCially to the opmtor', .upport.
(l) Gross Income. Gross income means the total annual income of an
individual. or whuc a family i,displaced Iotal annual income of the par-
ents or ac1ull beads of household, lea the following:
(1) A deduction ofS500 for cach dependcnt in excess ofthrce.
(2) A dedoctinnoflenpcn:enl (10%) of total income for an elderly or
handicapped housebold.
(3) A deduction for recurring, extraordinary medical expenses. de-
fined for this puzpose to mean medical expenses in excess of three per~
cent of loUll incOme, where not compcnS8lOCl forOJ' covered by insurance
or other sources, such as public assislBDCe or ton recovery.
(4) A deduction of ~asonBble amounts paid for the care of children or
sick or incapacilated family mcmbc:rs when detemUncd to be necessary
to employment of the head or spo11JC. ICXcc:pl that the amount deducted
shall not exceed the amounl of income received by I.he penon thus re~
leased.
Grou income is divided by twelve 10 ascertain the average monthly
income. Relocation and property acql.lisiLion payments are not to be con-
sidered as income for the determination of financial means.
(m) Handicapped Household A household in which any member is
handicapped or disabled.
(n) Initiation of Negotiations. The initial written offer made by the ac.
quirinS entity to the: owoc:r of n:.J property to be purchased. or the own-
er's repre:scnWive.
(D) Manufactured Home: or Mcb11ehome. A stIUcture descn"bed in
Heallh and Safety Code sections 18007 and 18008.
(P) Mongage:. Such classes ofliens as are commonly given to secure
advances on, or the unpaid purchase price of, real propeny, lOge1hcr with
the =<lit in,tTUnu:nts, if any, aea=l _y.
(q) Ownmhip. Holding IIIJ' of the following intl:rcSlS in . dwelli!l&,
or . contract to pu7ctlase one of the finn lix interests:
(l)Afeetillc.
(2) A lik __
(3) A S~,...,.I.....
(4) A I.... with ., least 20 years to ruo from the dale of acquisition of
the prupcrty.
(5) A proprietary inJ.CreSl in a coope:ative housing project which in-
eludes the right 10 oca>py . dwelling.
(6) A proprielllJ)' _ in a mobilebomo.
(7) A leaaehold inlCr<Sl with III optiOllto purchase.
In the case of one who has succeeded 10 any of the foregoing interestS
by devise, bequest, inbcritaDCC or operalion of law. the tenure of owner.
ship, but not occupancy, of the succccdi.ng owner aball iDclude the tcDurc
of the pn:ceding owner.
(r) Pernm. Any individual, family, panncrship, corp<>r>tion. Jimi1ed li-
ability cmpcnticm or ulOCiation.
(s) Public Entity. Ineludes the auue, the Regents of the Univenity of
California, a county, city, city and county, di,lriet. public authority, pub-
lic agency, and my other politica1luDdivWon or public: corporation hi
the stale whell acquiring teal prupcrty, or any interest then:in, or ordering
that acquired propc:ny be yacaICd, in any dty or county for public use.
(t) Public Us.. A use for which propetty may be IICQlIited by emineot
_.
(n) TcnanL A person woo rcn1J or is otherwise in Illwful poucssian of
E dwelling. including . ~eeping mom, which i, owned by another.
(v) Unlawful Occupancy. A peDOD i. coosiclcred '" be in nnJ.wful DC-
copancy if the peraon has been _ 10 move by . court of """'1'"'-
jurisdictinn or if the person', ICIlaI1Cy has been lawfully tenninated by the
owne:rforcause., tbet.eJUml.bas vaca1ed the premises.. and the.termination
was not undcrtakcJI for the purpose of evading relocation assistance obli.
gatinns.
lFor those who, pmsu.1t 10 the criteria c fanh in Oo~l Code: IlCCticm
726O(i)(3)(A) lh:roDgh (J). would hz.vc quaUficd u a ""displacccl pemm" prior to
Jmury 1. 1991. the IIppticable figure. shIJl be twc::Dt)'-fi~ pen:cnI. (25CAl) oftbe
pcnoo'. nt:IaIc montldy iDc::ome.
Nore Awhority oiled: Section 50460, Heallh IIld SI!ely Code. Rei......: Sec.
tiOllS 726O(b), (c)(2)(A). 0)(1) aocI7277, Gomnmcnt Code; Sec1ion 17lKXl Cor.
~oaJ Cock; and ScctiOM ] 8001. 11008. 18010 8nd SOO93, Hc.J1h Il1Jd Saety
HISTORY
I. Amendmcntofledionand aew NOTEfilcdB-t2-97;opczativc9-ll-1J7 (Rep..
11:1"97. No. 33).
2. RedesigrlltiOll and amendment of former aubsection (c){S) lUl sublcet.ions
(c)(S)(A)-(B.) and amendment or subJee:tiODS (f)(2) IRd (f)(3)(D) filed
1~'-99; open:1ivc 11-6-99 (Rq:istc:r99. No.4l).
t &010. Prior Determlnatlona.
(a) Di,placement. No public entity may proc:ced wilh any phase of E
project or other BCli .;ty wbi ell "m !<Sui' in the displacemetlt of any per-
son. business or fann until it makes the foliowina del.e:nDin8tions:
(1) Fair and TCaSonable relocation peyrnent.s will be provided to dip-
bie pel10tIS as required by Article 3 of the Guidelines,
(2) A n:Jocation ..si.....a: progIOlJl offering the services deac:rihed in
Article 2 of the Guidelines will be established.
(3) Eligible pcmms will he adequately informed of the assistance,
benefits. policies.. practices and procedures, including grievance proce.
dures, provided for in these Guidelines.
(4) Based npon recent survey and. analysis of both the housing oecds
of persons who will be displaced and available repbu:cmcnt housing and
considering competing demands for that housing. comparable reptx:e.
meot dwellings will be available. or provided, if necessary, within a. rea.
sonable period of time prior 10 displacement sufficient in number. size
and COSl for the eligible penons who requiJe them.
(S) Adequate prov),sions have been made to provide orderly. timely,
Ind efficient relocation of eligible pcr&ons to comparable repiacement
housing avm1able without regard 10 r1ICe, color, religion, sex.. maritll sta.
tus, or nlllional origi:n with minimum hardship to those affected.
(6) A ",localion pI... meeti!l& the raquircmenu of section 6038 has
been pn:pared.
(b) Acquisition. No public entity may proc:ced wilh OIly phue of a
project or any ~ activity which wiD result in the acquisition of ruJ
property until il detennines that wi1h n:apeclln such acquisitinn and 10
the _t ...... prElieable,
(I) AdequaIC pro.;siOll' have been made In be guided by the provi.
sions of Aniele 6 of the Guidelines, and
(2) Eligible peraon, will be ioformed of the pc:ninent benefits, policies
and requitcmcntB of the Guidelines.
Hts10RY
1. AmcDdmcntor.ubs=:tiClli (b) 6kd 11-S-76asM~;dcliJDllCClcffoo.-
.YO 11-Z1-76 <Ropm76, No. 44).
2. c.m5eaIe of Compliaaee 6lad 2-16-77 ~ 77, No. B~
I &OU. Citizen Par1lclpBdlan,
(E) All peraons who will be diaplaced. nelgbborhood groups and any
n:Jocation commiuce shaIl be Ii_ ... opportunity and shou1d be en-
couraged fully and mcaninsfully to panicipoIC in lCYiewing the reloca-
tion plan and CJDDi.toring the relocation aasistance prognun.
(b) When . aubstantial nunther ofperaons will be displaced from the:ir
dwelling' the public entity shall """"""'IE the residenu and community
Clrgam.,..t;cm, in the displacement IIf'CI tD form a relocation mmmitleC.
The commi_ shaIl inclnde, when applicable, n:sidential 0WDCr 0=>.
pants, residential temmts, buai.... peop1e. and memben or existing or-
ganizations within the area. In lieu of initiating a oew process of ciIizen
participation.. public entities which have conducted or are ro.nnri.~ a
ciIizen participation process as part of ... existing developmem program
may sabsdmtc sudt process if it ntisfies the rcqu.imnents oftbis section.
Page 263
~W,No..li lo-l-tt
RDA Resolution No. 2003-1840
Page 48
~6014
BAR CLAYS CALIFORNIA CODE OFREGULATJONS
Thle 2S
.-...
If a substanlial mimber of perwns will oui be displaced from their
dwellings, the public entity shall .. least consult with and obtain the ad-
vice of residents and community orpnizations.BDCl make the relocation
plan available to such pelSons and organizations prior to submitting it tel
the legislative body for approval. (See section 6038.)
(c) At. minimum tJie displacing entity shall guanmtoe the following:
(1) Timely and full lllXCSS to all documents relevant to the relocation
progrwn. A public enDty may reasonably reslriOl access to maltI'iaJ
.where its confidentiality is protected-by law or its disclosure js prohibited
bylaw.
The displacing entity shall ensure that the infonnation in documents
the provision of which would result in disclosure of the identity of eligi-
ble persons is provided in a manner designed to avoid such disclosure.
This obligation 10 avoid improper disclosure shall not affect the right of
the person to which the information relates (or any other person autho-
rized in writing by such person) to inspccl. such documents.
(2) The provision of 1tChnicaJ asnslanCC necessary 10 intc::rprel ele-
ments of the relocation plan and other pertinent materials.
(3) The righlle submit written or oral comments and objections. in-
c1uc1ing the right to submit wriuen commcn1S on the reloc:a1ion plan and
to have these comments Illachcd lD the plan when it is forwarded 10 the
local legislative body or the bead of the stale agency for approval.
(4) Prompt, written response to any wntla1 objections or criticisms.
~ 6014. Prerequisite to Displacement.
No person shalT be displaced until the public entity has fulfilled the ob-
ligations imposed by the Act and Guidelines.
i 6016. Remedies,
(a) lftbc public entity has not fulfilled oris Dot substantially fulfilling
its relocation responsibilities. it shall cease cli5pJacement until such time
as its responsibilities are fulfilled. When .appropriate project implemcn~
tBtion shall be suspended or t='InilWed.
(b) Eligible persons who move without offers ofassistmce and bene-
fits. after the public cntily was required 10 offer assistance Dr ~fi.u.
shall be provided such assisWICC and payments Ind, when appropriate,
compensation for additional COltS incurred. The displacing entity shall
make every effort to identify lIJUilOClle such pc::rsons..
(c) A public entity may pay a complainant's attorney's fees aud costs
and is encouraged to consitk.:;' doins &0 when a complainant insti1JUC5 a
successful adminiSU'Btive appeal or judicial action.
(d) 1be cnumCralion of ~modies in this section is not intended 10 dis-
coW'llge or preclude the use of other remedies consistent with the intent
of the Act and Guidelines. Rather a public entity is encouraged to coDSi.d~
or and odopl other remecIiC&.
i 601S. Priority of Foderal Law.
If s public andty UIllIe1ukes a project with federal financial assiatance
and consequently must provide relocation assistaDCe and bc:ncfits as re~
quired by federal law, the provisions of the Act and Guideliue, shall oot
apply; but if an obligation to provide reiocatiotl :assistance and benefits
is nOt. imposed by federal law the provisions of the Act and Guidelines
shall apply.
i 6020. Severability.
If aDY provisiOD of the Guidc:iiDcs or the application thereof is held in-
valid, such invalidity shall DOt affect. other provisions or appHca1ions of
the Guidelines which CBJl. be given effect without the invalid provisicm
or application, and 10 this =ad the provisions of the Guidelines are sever.
able.
Article~. Relocation Assistance Advisory
Program and Assurance of Comparable
Replacement Housing
i 6030. Purpose,
. The purpose of this part is 10 set forth requiroments withrespeOllO the
development and implementation of I. relocation assistance adviSOJy
program for the provision of &pecificd services and to prescn'be the obli-
gation of a public entity not to displace or cause the disp1accmcnt of any
person from his dwelling without adequate notice and unless comparable
~placcment housing is available.
16032. Relocation Assistance Advlaary Program..
Public entiLies shall develop and implcment.1l relocation assistance ad-
visory program which satisfies the requirements of this aniclc and of
ntle VI oftheCivilRighls Act of 1964, TItie vm of the Civil Rights Act
of 1968, tJie umim Civil Rigbts Act, tJie Rumford Act and applicable
stale and fedctal anti-discriminatioc laws. Such program shall be admin-
istered so as to provide advisory services which offer maximum assis~
lance to minimize the hardship of displacement and to ensure thlll (a) sl1
persons displaced from their dwellings an: relocalcd into housing meet-
ing the criteria for comparable replacement housing, and (b) all pcnlDnS
displaced from their places of business or farm opet1l.tions are assisted in
reestablishing with a minimum of delay and 10sI of earnings..
NOTE: Authority ciled: SectiDII 50460, Health and Safety Code. Rc.fc:reocc: Sec-
lion 7261, Govc:nnoe:Dt Code.
HlSTQRY
1, AmendmcnlofseaiDD and new NOTEfiled fr.12-97; opcntivc9-11JJ7 (Regis-
1Cr97. No. 33).
I 6034, Eligibility.
(a) Relocation assistance and benefits shall be available to:
(I) Any pmon who occupies property from which be will be di..
placed.
(2) Any persoD who will move from real property or will move his pcr~
s__y from real property, because be will be displaced from oth.
er rc::aJ property on which he conducts a business or farm operation.
(3) Any person who moves fromn:al property as a result orits acquisi-
tion by a public entity whethe:r the move is voluntary or involuntary.
(4) Any pel>OII wbo, following the initiBlion of negotiations by a pul>-
lie entity. moves IS the result of \he pending acquisition.
(5) Any person wbe movcs as the :result of pcDJ.ting acquisition., rcha-
biliwion or demolition by . public entity either foDowing receipt of a
Notice of Intent to D;spIace (see section 6086) or as a result of iDduce.
ment or enctlW1lgCD>Cl1t by the pub.c entity.
(b)(I) Poll-oajllisition tenants, those who lawfully occupy property
only efu:r. pubticentity .cqujres i~ or who lawfully occupy property af-
ter the private acquisition of property by a petlon with a wrinen agree_
ment with. public entity for the pmpoae of _11& the purcbase or de-
velopment of the property, ID'e DOt eliJl,le for assistance IIDll bendits
other than advisory assislllDce to the extent _ by the displacing
ageacy.
A public entity sball inform. post-acquisition tcD8DtI. regarding the
pro-jecled date of displacement and, periodically, sl10uld inf<mn post-
acquisition tena:Dts of IIOY changes in this projection.
(2) When the displanemeDt of. poat-acquisitiOll tenant cauaes alwd-
ship for tb8I person becaosc of. critical bousmg alJortaF, Ilgc, handicap,
infumity. lack of fmancialltlOlUlS or other circumstance, the displacing
cnrity shall provide relocation advisozy assist.anc.e 8Dd, IDI:Y in ili discre-
tion, provide otba fiDancial relocation beDefils. In .ueII banlsbip _.
tions . public eotity is encouraged to provide adviaory assistattne and
paymem for moviDg expemcs.
(
..........
(
.-...
Page 264
Rc:ptc:t 9P', No. oil; 10-1-99
RDA Resolution No. 2003-1840
Page 49
Title 2S
Depllrtm""l or Housinr and CommUDity DeoeIopmtllt Progra...
f 6040
e
(3) Wbm a Public ""lity, orpropc:ttyit'OWlIS, is making housing ,vail-
able on a permanent basis, a pcm-acquisition 'tenant who moves IS the
result of a writlcll order from the public entity to vacale is e1iriblc fortt-
location assistanCe and benefits if the order to vacat.e is n:181ed to . plan
10 demoliEh. rehabilitate o:r change the use of IUch units.
NGTE.: AUlbDrit)' cited: SecUDIl S046O, Health and Safety Code. Rer~: Scc~
liDII. 726O;.c), GovcmmcDt Code.
iIlsroRY
1. Amcndmcntofaeaion and new NO'I'Efilod 1-12-97;opendive9-11-97 (ReBis'
'tel' 97. ND. 33).
e
I 6036. Rehabllltlltlon and Oemollllon.
If a public CDtiry undertakes a rchBbi.lilalion or demolition program
and as a result a pc:r5ot1 or business is displaced from pri valely owned
propctty, the public entity shall provirle assistance IIId benefilS.lfa per-
5011 or business is displaced by such an undertaking from ]JJ"operty ac-
quired, by a ~blic entity. the public entity shall provide assislaDCt and
benefits. '
NOTE: Aulhority tited: Section 50460. Health and Safety Code.. R.eic:rcnc:e: Sec.
tiorI 7260(c), Gcwc:mmcnl Code.
l!JstoRy
I.Amendment of-.aitm bcadiu'B1daectiorl andDeW' NOTE filed 8-12-97; open.
ti.. 9-11-97 (ReIi=97, No. 33).
f 6038. RelOClltlon Plen,
(a> As soOn as possible following the initiation of negotiations and
prior to proceeding with any phase of a project or other activity thai. wiD
result in displacement! public entity shall prep;ue a Relocation Plan and
submit it fOT approval to the local legislative body, or in the case of 8 swe
agency, the bead of the agency. When the public entity's action wiU only
reswt in an insignificant amount of non-rcsidential displacemt:DL 8 dis-
placing entity shall provide benefits as roquired hy these Guidelines and
state Relocation Law without compliance with this scc:tion. Fonesidt:n.
tial projects of IS or less households. the full and accurate completion of
the Model Relocation Plan HCD-832!new), which is inco:poraled by
refen::nct as if let forth in full.. shall bcprcsumcd to be in compliance with
the p1asming ""Iuirem<Dts of Ibis seetion, Copies of the ModoJ Reloca-
tion Plan HCD-832(618199) as well as the InfosmationaJ Nntice
HCD-833(618199), which is incorporatod by reference as if set forth in
fu)~ may be downloaded from the Ileparuneut', int=1et web site at
www.lx:d.c:a.I.....ThisfonncanbeobWncdfromtheDc_.by
telephoning 9]6-323-721g,
(b) A Relocation Plan shali include the following:
(1 ) A diagrammatic skclcb of the project .....
(2) Projeeted dates of displa=neot.
(3) A writlcll analysis of the aggregate ttlocation needs of all peraons
to be displaced (as ""Iuired by seetion 6(48) IIId a detailed explanation
as to bow Iheac needs II'C to be met.
(4) A wtiltell analysis of relocation bonsiD& n:aoun:ea (as ""Iuired by
aection 6OS2~
(5) A detailed desesiption oftherelocation adviaory acrvices__
including specific procedntes for 10ClItin& and refemng elillole peraons
to cosnpBlllble tcpJacemcnt bou5isJ&.
(6) A description of !be relocatiOll payments.. bematle (pumwltto
Artie1e 3) IIId a pbm for di'_L
(7) A _ estimate for cmrying OUI the plan and identification of !be
source of !be necessary fnnd&.
(g) A deIailod plan by which any last ~ hotuling (as deacribed in
aection 6OS4 IIId Article 4) is to be built and finanoecI.
(9) A s_ informatiOll stall:IIleDlto be""" to all ""'ten who wiD
be permanentiy displaced (as requited by section 6(46).
(10) Temporary relOClllion plans, if any.
(II) A deaaiptinn ofrelocatiOll of6ce operaticm proccdmcs.
(12) Plans for citizcll participalicm.
(13) An enumeration of the c:oordinatiOll activities undertaken (pur-
IUalllto llCCIion 6(52):
(14) The comments of !be IOlocation committee, if lIlY (punuant to
aection 60]2).
e
(15) A wri1tell determination by !be public emity !bat !be IlCCCSSlIl)' tt.
SOUI'CCS will be nai1abIc as ""Iuircd.
(c) A Plan prOpared by . local public entity Iball be CODaiatODt willi !be
local bou&ing elemcslL '
(d) 1n the evCl'lt of delay of mote than one "f~ in the implementation
of the relocation program.,lhe plan shall be updated prior to imp1emcota.
tionofdlatplOllllll1. .
(eXI) Copies of the plan ,hall besubmitte<l fortevicw to there1ocation
committee 30 days prior to submission to the locaIlegisl.uvc body or
head of stale agency for approval. Copies shaIl be available to the pubHc
upon rcquesL A copy of the (mal relocation phm shall be forwarded to
the department which shaD act u a cennl reporilmy.
(2) Genend notice of the plan shall be provided. Nolice shall be de-
signed to tcIch the occupants of tbe propc:tty; it aha11 be in ac:cordBnce
with the provision$ of paragraph 6046(a)(3) 8Dd subsection 6046(b); and.
it shall be provided 30 days prior to submission 10 the loca11e:gislative
body or head of state agency for approval.
(f) Any displaced person or interested orpnization m.y petition Ibe
<lcpllJ'tlllCllt to teview !be relocation plan toquired to be aubminod by the
disp1acina agency. 1be depanmcnt shall review the plan ill. accordance
witb the time cooSU'lints. 8Dd the procedW'CI established in Anicle S.
N= AuIIioriIy aiel!: Section S04tiO.1ieaJ1h and Safery Code. Rcfeseocc: Sec-
lions 7260.5 .. 7261, Oovc:rnmeal Code:. '
l!JstoRy
1. Amendment oCsubsection (e) filed 1-21-77 as procedW'll1 and orpui7.aliona1'
cffccti~uporI iding (Rczistcr77, No. S). '
2. AIDClldmc:PI ohubsections (a) and(c)-{c)(l),newIUbscctiOll {O cd. DeW NOTE
filed 8-12-97; openUVt: 9-11-97 (Rr:gister97, No. 33).
3, Amen....... of ..bseetioos (a), (b)(9) aad (oXI) filed 10-7-99; ."...u..
11-6-99 (Repstcr 5$, No. 41).
16040. Minimum Requiremants 01 Relocation Assistance
AdYisory Prog..m.
(a) Each relocation assilLanCe advisory ProlflID undertaken pursuant
to this Article shall include, at a miDimvm. such measures, facilities or
services as may be neccuary or appropriate in order to:
(I) Fully inform eligible peraons uodertbis Article witbin 60 days fol-
lowing the initiation of negotiations but Dotla!:crtbm tbe dose of cacrow
on the property, for a pan::el as to the 1n1111ability ofreloc:ation benefits
and assislance and the eligibl1ity roquircmcnts therefor, as well as the
procedmes for obtaining such bc:ncfilS and P"BiA~. in accordance with
the JCqUircmeuts of seetion 6046. For projectS by private ponies willi III
_t with a public emilY, the "initialion ofncgotilltioDs.' sluJI be
the laterof!be date of acquisition or the date of the wrillCD q>=SlCllt be-
tween the private entity and !he public ""lit)' for purposca of acquiring
or dtvcIoping the propcl1y for the project.
(2) DclcnniDe !be ex_ of the need of each ow:h eligible penon for
rclOCBlioo assistBJICC in accordaDce with the requiremena of ICCIion
6048.
(3) ASSln eligible persons Ibl! within a reasonable period of lime
prior to diJpt"""""l there wiD be available 0I>Sllpllnlble tcplacesncut
.hooIislg, m=ting the criteri, deacribed in section 6OO8(c), "'_ in
no....... llDc! kind for IIId avalllb1e to auch eliPble pcnoslS.
(4) Provide =m and continuing information on !be availability,
prices, and "",tals of comparable sales IIlld rcntal bousin&. and of compa-
rable commercial properties IIId Inc:ations, IIId as to aecurity deposits.
closing coats, typica1 dowe payments, _ rates, and terms for resi-
dcntiaI propclty in the .....
(5) Aasial each elipble penon to complete appIinatioos for paymems
lIDlI_
(6) Aasiat each elil''blc. displaced person to obtain and m....Itl a com-
parable tcpIaccrocDl dwelling.
Ooly adequate inapea;on wiD ;...... dlat . particular unit roccts this
atandasd. If a diaplaccd penon occnpies a unit to which be is rcfcrn>cI by
the public emity and the nnit docs DOt satiEfy !be comparable rcpIllCCDIOSIt
dwelling atandasd. the public enlity bas no! fuIIilled its obligation to as-
aiS! the diapl"""" penon 10 obtain ouch . dwcJling, Whcncvcrtbis occurs
!be publieantity sbaII olfcrtoloc:atCsnch .dwellingfortbediaplaccd per-
P8Be US
.......".No..1;w-.-t9
RDA Resolution No. 2003-1840
Page 50
f 6042
BAR CLAYS CALIFORNIA CODE OF REGULATIONS
TIlle 25
.-...
son and to pay again all moving and related expenses. If !be displaced
person choDses not to move from the unit that be: occupiecl foDowing re..
fcml. the public entity shall not assert that he is ineligl'blc lO:rec:eive relo.-
cation assistance and benefits on the basis of that I1mt's failmc to satisfy
!be comparable rep1aa:m::nt dwelliDg standard
(7) Assist each eUlPble penon displaced from his business or farm 0p-
eration in obtaining and becoming established in a suitable replacemcot
location.
(8) Provide any services required to insW'e that the relocation process
docs notresult in different or separate treatment on account of race, color.
religion, national origin, sex. marital status, familial Slatus, or any basis
protected by state or federal anti-discrimination laws. or any other arbi-
trary circumstances..
(9) Supply to such eligible persons information concerning federal and
slate housing programs, disaster )oan and other programs administered
by the Small Business Administration, and other federal or slate pr0-
grams, offering assistance 10 displaced penons.
(10) Provide other advisory assistance to eligible persons in order 10
minimize their hardships. It is recommended that, as needed. such assis-
tance include ceunscling and referrals with regard to housing. financing,
employmcot, training. heallh and welfare, as well as ot.hc:r assili!lance.
(11) Inform all persons who are expected to be displaced about !be
eviction policies to be pursued in CIlIT)'ing out the project., which policies
shall be in accon:l.ance with the provisions of section 5058.
(b) Relocation Office.
When a subsuntialnumbcrofper50DS wm be displaced and the reloca-
tion staff's office is not easily accessible to those persons, a displacing
entity is encouraged to establish al least one appropriately equipped site
office which is acccssib~e to all the area residents who may be displaced
and is staffed with lrBincd or e~pericnced relocation personnel. Office
hours should be scheduled lO accommodate per30IlS unable to visit the
office during normal business hours.
(c) Each displacing entity shall establish and maintain 1I. formal griev-
ance procedure for use by displaced persons seeking administnWve re-
view of the entity' I determinations. 'The procedure shall be in accordance
with the rcqui:rcmc:nts of Article S.
NOTE: Authority Coiled: Section 50460. Health and Safety Code. Refcrcnce: Sec-
tions 7260.5 IDd 7261. Gow:mmmt Colle.
!IISroRY
1. Amcndmcntorwbsec:t.iom (a)(l)ud(a)(8) IJJdnewNcm.filcd 8-12-97;~
entive 9-11-97 (bgistc:r97. No. 13).
f 6042. Replacement Housing Prior to Dlsplacementj
Notices to Displlced Per8Dna.
(a) No cligible person sban be required to move from hi. dwelling un-
less within a reasonable period of time prior to displacement comparable
replllccmem dwellings (as defined in subsection 6OO8(c)) or, in !be case
of II tempomy move (as defined in secti006044), adequare replacemeot
dwellings (lIS defined in subsection (b) below) are available to such per-
son.
(b) The crile'ria for adegua1e JePlacemcnt dwellings are iD all teSpecu
identical to lbuse for comparable replacemeot dwellings, cxc:epl tbal an
adequate roplacement dwelliog, wilb rcspecl to !be oumbor of I"OOIIIS,
habitable living space and lype of c:onstlUClion, need be only adequll1e
not comparable.
(c) Reasonable Offer of R.ep1accmcP.l Housing.
The requirements of this sectiOIl shaD. be deemed tohavc been satisfied
if a person is offered iBnd r:fuses witboutjllStificatiOD reasonable ehoiccs
of specifically identified CODlJlll"Ible '"PJaccmeot dwelliogs whicb fully
satisfy the crit.cril.aetfonh in the Guidelines. The offers shall he in writ~
ing;. in ..language undcrstooCI by the displaced person. The number of of-
fers _ to be reasonable should be not less tbao thr=
(d) Notice.
No eli8Ible person occupying propeny sball be required to move from
a dwelling or to move a busiDcss or farm operation, without at least 90
days writtcll notice 6-om the public entity zcquiring the disrl-tll.
Public entities shalJ notify each individuallen8Dl to be disp1aa:d lIS well
as each O'WDCf-occupam. (These requiremeots are in addition to lhose
contained in sections 6040 and 6046.)
(c) Waiver.
The requirement in subsection (a) above maybe waived ooly when im.
mediate possession of real property is of crucial importance and by one
of !be following c:ireumstances:
(1) When displacement is necessitaIcd by a major disaster as defmed
in Section 102(2) of the Hazard Mitigation and Reloca1i.on Assistance
Act of 1993 (42 U.S.C. 5121) lind/or the CalifomiRNatunll Disaster As-
sistance Act.
(2) During periods of declared national or $We emergency.
NOTE: Authority cited: Section 50460, Health and Safety Code. RcfcR::na:: Sec-
tions 726O,S. 7261 and 7264.5. Govemment Colk.
IIIsmRv
1. Amendment tlfsubsectians <a) and (e)(1) and new NoTE filed 8-12-97' opt:nI._
live 9-11-97 (Regislei' 97. No. 33). '
I &044. Temporary Move.
(a) Geoml.
(l) A public entity shall be required 10 minimize to the greatest CXleJlt
feasible the use oftcmporary-relocation I'CIDlJl"CeS (as defined in sc:aion
6042) buL. when a projCCl plan anticipates moves back into complet.cd
project accommodations, tempam)' relocation reaoun::es may be used.
at the displaced person's election for a limit.cd period of time.
(2) Temporary relocation does not diminish the responsibility of the
pubic entity 10 provide reloeation usislance, services and benefits de-
signed to achieve permanent relocation of displaced persona into compa-
rable replacement dwellings.
(b) Requi=nents.
(I) Tcmporwy replacement hoUSing may not be relied upon if compa-
rable replacement housing will DOt be available to the displaced person
within 12 months of the date of the temponu:y IIlOVt.
(2) Prior to the move, the public. entity shall havedetermincd and have
provided wriuen assurance to cacb displaced perIOD that;
(A) Comp...b1e rq>la<:emeo1 housing will be made a.aHabIe lit the
earliest possible time but in any event. DO later lhIm 12. months from the
dII1e of the move to Iemponuy bousing. TelI1ponIrilyboused _lIIlIY
agree to exlenli the J 2 month Iimilatioo but, iftbey do -. the public enti-
ty shall ensure that comparable T'Cplacemea1 d\1llCUings are available
within !be 12 molllb period.
(8) Comparable replacement bousiog will be made a.aiIable, on .
priority basis, to the individual or family who bas been tempOrIrily re-
bouaed.
(C) The move to temporary housing willllOt affect a claimant's eliBi-
biIIry for II replacement housing payment nor deprive him of !be same
choice of replacement housing units thIIt would !lave been made avail-
able had the temporiU'}' move DOl been made and the COiU of a tcmpara:ry
move will not be considered as all or a pan of the relocation paymems
to which a displaced person is entilled.
(0) If a project plan 8DliciJlll1eS moves back into '"PI............ housing
accommodations in the: projector program IRa, tbeperaoa who bas been
I<mponlrily displaced will be given priority opponun;ry sn obtain sucb
bouaing acco:mmoclalions.
(E) The public entity will pay all costs in coonection with the move to
IellIpOI'IIty bouaing, including increased housing _Is.
I 6046. Inlsirmatlonel Prngram.
(a) Basic Requirements.
The displacing Clllity &ball establUb and maimain an information pro-
gnun t1IIIt provides for the following:
(I) ~on and distributiOll of infonnational nwerial as early as
)nCticable, to eacb occupant of!be property. This nwerial &ball be dis-
tributed within 60 days following !be initiation of negotiatioJls (see para_
grapb 604O(a)(I)) and 11011... tbao 9lI days in advance of displacement
..c:ept for those situations described in subsecIion 6042(e). Wbere ap-
pmprill1e. "para\< informlllioual swemctlls a!laIl be prepared for resi-
dential and for non-res;dential oa:upants.
~
.-..
P8ce 266
~99.HQ,41;~
RDA Resolution No. 2003-1840
Page 51
TItI.25
Dopartmmt or Housinc Imd CommUDity DovoloplDOJlt Prognm.
f60S2
e
(2) Conducting pmonal interViews and maintaining personal COD\lIetS
with OCCIIpaDIS of the properly to the maximum 0XI0IIl prBCIicabIe.
(3) Utilizing meeting.. news!....... and other mechaniSIlll. inc:loding
local media available to all persons. for keeping occupants of the property
informed on acontinuing basis_ The cri1mion for selecting among various
altcmativea sI1alll;>e tho 1iJcelibood of actually oollllll1lllicating informa-
tion lO.uch persons. ~gal publications. legal ads in local newspapm of
general circulation and similar means which may go unnoticed arc
deemed to be inadequate.
(b) Language. Informational m8lerial should be prepared in tho lan.
guage(s) most easily understood by the recipients. In displacement areas
where there are significant concentrations of persons who d~ not read,
wriie. or understand English ftucntly, the native language of the people
should be used and 811 informalional material should be provided in the
native langaag.(s) and English.
(c) Method of De1ivc:ry. To assure receiplofthe informational materi-
al, the local agency should Il1T8nge to have I.be material either hand-de-
livered to each occupant of the pmpcr1.y with a request for a writ~ f'e-
ceipl, or sent by certified mail, retwn receipt requestcd.
(d) General and Specific Information. In addition to disseminating
,genc:al informalion of the type dcsc:rib=d in this section. the displacing
entity shall also provide c:ach person with individual, wrincn notification
as soon as his eligibility 5talUS bas beea eSLBblished.
(e) COnLcnt of Infonnational SlatemcnL Auachmcnl A identifies the
kinds of information required to be included in StaLemc:nlS disuibu~ to
occupanu of the property. The figure lists minimum ~uiremenu. The
displacinB entity should include any additional informal.ion that il be~
liev., would be helpful. (See Atw:hment A.)
NOTE: AII\boriIY cited: Sectioa S046O. Heallh and Safd)' Code. Reference: .see.
lions 7260. 7260.5 and 7261. Government Code.
II1rn>RY
1. Amcnclme:atohubsection (a)(J ).filcd 11-5-76& an cmergeoey;desipaaedcf.
rcctive 11-27-76 (Recist.er 76, No. 44).
2. Crmificm:t: of CompU.acc filed 2-16-77 (P.CJi*:r 77. No.8).
3. Amc:Ddmcm. of .ubtccliOZl (&)(1) and lIew NOTE filod 1-12-97; opcmivt
~1I-!l7 (RegiJIer!l7. No. 33).
e
e
i 6048. Survey .nd An.lyol. of RoIDeatlDn Need..
(a) (1) Reqlri_ lrnmc:diate1y following the initiJlliOll of negoti.
ations interview all di&ible pcmDS, buBiDcas concerns, including non-.
profit organizations, and farm opc:ations to obtain infmmation upon
wmcb 10 plan for housing IDd other accommodations, IS well as counsel-
ing and assiltlnCX needs.
(2) Coordination with Other Agencies. Other agencies may allD be
conduc1ing surveys in the area at the same time. Coordination will be nec-
essary to avoid duplicaUOD and to ensure thai. necessary infonnati011 is
available al the appropria'lC time. Suneys utilW:d to gather data for locial
service :refcmls sbould be plB!'1DCd in a:KlpI:nIDon with JOcia] acrvice
agencies and I refe:rr&] system should. be estIblisbccL
(3) Information to _ '" Be Displaced. The 1oc:al agency sball
carefully explain and diacuIS fully wilh eaeh pemlll inlc:rn...ed tho pur.
pose of the survey and the na1= and ""eJJl of relocation pa_ and
assiSlaDCe that will be made available. All peI>DllS sball be advised and
encouraged to visit the relocation office for infannation and lSIisumce.
(4) Relocation Records. Baaed on information obtained during tbosor.
vey and other IDIlrCeS as applicable. the local _ sball propan: and
malntaie an aa:unIIe relocatiOll reeonl for each penon 10 be displaeed.
The n:eonI shall contain a deseripliOll of tho peniDeDl cbaraclerisli<:s of
the penons 10 be displaeed and the assistan"" deemed to be neeeasory.
(b) The BUrvey sI1aD be by di=l, personal inlc:rn.... except wbero ~
pealed off"", _ dutiJ not posslble. When a penon cannot be iDler.
viewed or the inIenIiow does not prodnee the infOJlDlltion Ie be 0_
I roas<mabIe off,,", shall be matie to obtain the informatiOll by other
....... EligJ'blc _ sbouId be ~ 10 briJlg any ebange ill
I.beir needs to the attcatiolt of relocation officialL The sm"Ve)' shall be up-.
daled at least lIIIIIWlIly.
(c) A public entity sball endeavor 10 oblain the fullowing information:
illCOlllO; wbetber . person is elderly or bandieappecl; sizo of family; age
of children; locatiOll nfjob and faotors limiting ......ibi1ity; area or pre-
ferred ",location; type of tmlt prderred; ownenhip or....... prefe=ce:
noed. for social and public services, special acbools. and other ac::viccs;
eligJ'bility for publicly assisted !lousing; and wilh reference 10 tho present
dwelling. the re.n~ the typo and quality of conatruclion, <be number of
rooms. and bedrooms, the amount of habitable 1iviua space. and location-
at faelorS including among othen. public utilities. public andcommerc:ial
flCl1ilies (including transponation and schools) and ncighborbood con-
ditions (including municipal services). Other matters that concern a
household as its members contemplate relocation r.hould alBO be in-
cluded.
(d) A .written analysis of relocation housing nc:eds shall be prepared.
II shan be prepared in sufficient detail 10 enabl. detenninatiDll of the
availabnity for all potential displaces of housing which moolJ the 5I8n.
dards set forth in the definition of comparable replacement bC1lSinJ. The
information conceming home ownership and rentIJ units.r.ha1I be pr0-
vided separately. The number of unill"eeded shall be identified by CDSI
for each size category. The needs of elderly and iwIdicapped bouscholds
shall be SRown sep&J'atCly liDcl shall include infomwion on the number
of such households ~uiring special fdities 1nd the tlBIUrtoflUCh faci-
lities.
The s1.alemertt of relocation housing needs shall include. description
of the locational characteristics of the displaccrncnt BrCa neijhborboods
conesponding to the: requirements of comparable rcplacemcnl housing.
Information shall be provided eoneorning proximity 10 proaent employ-
ment sources, medical and rec:reational flC11itics. parks. community ccn-
lCn, shopping. tranSportation and schools. Information conCerning prox~
Unity to other relevant needs and amcnitie& is essential to c:nswing that
no residents are incapacitated by the relocation and such information also .
sbould be provided.
i 6050. F.lluro to Conduc:l Tlrnoly .nd Elfecllve Surwy.
When a snrvey is not conducted in. timely and offecti",lII8IUlOr. tbo
public ootily shall be obligated 10 l1IllI:e .vel)' effort 10 Joeale aD eligible
penom who have moved 10 tha1 theirneed& can be included iD. the rurvey
and the: impact on the housing r.t.orck in the community CID be more accu-
n1eIy cletemtined. The public entity shall offer sucb _ aD ~oc:a.
tion assistance and be.nefill forwhich they otberwisequslify and. in addi-
tion, sball OOIIIpc:maIe such _ for all COlts ~....... by tho
entity's fai1mc to provide timely notice me! offen of JdOCltion UIiJ..
1al1ce and beDetlts.
f 6052. .Survey .nd An.lyala of Avllll.ble Relocation
Reaourcea.
(s) (1) To enable a public ootity reasouablyto detennine that the""lui-
site eomparablo "1'''"'"'''""' dwe1linp will be.vailable, <be publie ooti.
ty. wilhin 60 days following the initiation of oegotiJui_ shall iDiti8le
. survey and malyJis of avaDable ~hll"; reloc:aticm rcsomce&.
If a recent snrvoy dut provides tho iufOtmllliOll ideIIIified in this .....
lion is not aVlllable. the public entity shaD cooduct a IlIr'Vty aDd BDalysis
of the !lousing _If. recent snrvey is available, but k does llDlro-
fleet lIIDlO _ significant cbaogoa in bousing mari:et CDDditionl, tho
survey shall be updated or it shall not be relied upon..
(2) Wbeo lIIDlO than 1 S hDuoebalds will be displaeed. IUI'VOy reaullI
shall be submitled forreviow 10 loeal bousing, dnelopmentand p1111l11ing
agencies and ahall be compared 10 other exisliDg lnfnnnalioo on bonalng
availability.
(3) The survey shall be updated at Jeut anunaIly.
(b) The .urvey ..... ohal1 be reaaonably relaIed 10 the displacernent
.... and 10 the oeeds and prof_. of the peI>DllS 10 be displaeed. as
lndic:aled in the wrinen analy... propated puJSUIIDt to sectiOll 6048. The
aurvey .... sball have relevant eharacteriatics (lee .ubsection 6008(c))
which eqnal or acoed thoae of tho oeigbborbnod from which persons are
10 be displaced.
Page U7
...... 91. .. 41; 10-10-99
RDA Resolution No. 2003-1840
Page 52
fi 6054
BARCLAYS CALIFORNIA CODE OF REGULATIONS
'Iitle25
""'"
(c) A wrillell analysis of ldocalion housing restllllttS shall be pre-
pared in sufficient detail to enable determination of the availability for
all potential displacees of housing wbich meets the standards let fanh in
the definition of comparable replacement housing. The information con.
ceming homeownmhip and rental units shall be provided separately.
The number of units avmlable sball be identified by cost for eacb size
category. Resoun:es available to meet tbe needs of elderly and lumdi-
capped households shall be shown separately and shall include informa-
tion on the number of units with special facilities and the nature of such
facilities.
The analysis of resources ~halt include a description of the locational
characteristics of the survey area neighborhoods corresponding to the re-
quirements of comparable replacement housing. Information shall be
provided concerning proximity 10 present employment sources (with the
consent cfthe displaced person a potential employcrmay be substitllt.cd),
medical and recreational faCIlities. parks. community centers, shopping.
1.rBnSponatioo and schools. Information concerning proximity to other
relevant needs and amenities is essential 10 ensuring that residents are not
iDcapaciLBl.cd by the relocation and such information should also be pr0-
vided..
(d) (1) Units which do not satisfy the sUlndards of comparable replace.
ment housing, including the locaUDnal criteria, shall not be counted as a
relocation resource.
(2) Uncompleted new construction or rebabnitation shall not be in-
cluded in the gross figure unless there is a substantial likelihood that the
units will be available when needed and at housing or renLal costs within
the fmanciaJ means of the prospective occupants.
(3) In addition to the otherrequirc:mcDts of this section, the gross figure
representing the number of units available shall be discounted to reflect
both concurrent displacement and the exlent to which turnover is repre~
sented. Conc~nt disp1acen=nt by the federal government and its agcn.
cics, including federally-assisted projects. as well as displacement by
other public entities shall be taken into account Turnover is the dynamic
operation by which occupancy changes oca1f within I standing invento-
ry over a period of time and theorctic:aDy could occur in the complete ab-
sence: of vacancies on 8 person to penon basis.. The use of turnover for
relocation is nol permissible.. 1bc. displacing emity shall assume lhat four
percent of the rental and one percent of the ownership units which meet
the standards of comparable replacement dwelling. (see section 6008(c))
represents turnover. 'The displacing entity shall use I higher percentage
figure if such figure is more accuraJe. 'The displacing entity may use a
lower figure if it establishes lhal the )ower figure is a more accural.e as~
sumplilJll.
(4) Publicly subsidiU:d. housing, including public bowing. shall not be
counted as a resource unless it reasonably can be established that.
(A) The units will be .vanable when needed;
(8) The governmental body providing the subsidy has macl.e. in writ~
ing, a reasonably biDding coumDl:11leD1 of assistance:.; and
(C) The units have been inspected and determined to be decen~ safe
aDd sanitary and the income ceilings, rent r3Dgcs and age restrictions, if
any. have becs1 CODSidercd.
(0) The numbcrof uniu available in the community cxcccds the num-
ber of households in need of the units. nus requirement may be waived
by the department iflhc public entity caIl establisb that such units will be
replaced by last reson bowing within two years. To establish !bat last re-
sort housing wiD be deYClopcd as ~ the publiccntity must have site
amtrol with permissive: uming. preliminary plans and conditional com-
mitments for subsidy and fmanciDg m the equivalent The public entity
also must identify ownership.
(e) Uncompleted DeW construction or rehabilitation which is sub$.i~
dizcd by public funds shall not be counted as a relocation resource unless
the units ft being subsidized to provide relocation rmoun::cs.
Nore Authority ci1cd: Scctico 50460. Hcallb ad Safety Code. Ref...."': Soc-
lions 7260.5 ad 7261, Go"......~ Code.
HlSltlRy
1. Amcndmc::at Dfmbsecti0D5 (a)(1) IDd (a)(2}, eom:ctian of subse::tion (e) dcIig_
D.Btor, IIIIdDeWNaT.Efilcd8-12-97;~ 9-11-97 (RegiSlCt97.No. 33).
t 6054. Last R.....rt Housing.
(a) No eligible penon sball be required to mo.. ftomhis dwelling be-
cause of the action of a public entity unless comparable re.placemcm
bousing is available to him.
(b) If on the basis of its survey and analysis of relocation needs and re-
sources . public entity cannot determine !bat comparable replaa:ntent
housing will be available as required, !be public entity may not prneced
with any phase of a project or Ol:her activity whicb will result in displace-
ment unless it provides such bousing. (See Artid~ 4.)
(c) lfthe aclion of a public entity bas resulted oris resulting in displacc~
menl and comparable replacement bousing is nol available as needed, the
puDJ.ic entity shall use its funds. or funds authoriz.ed for the project lOpro~
vide sllch housing (see Article 4), or shall t.enninate or suspend funher
implementation of the projcct activity in accordance with the provisions
oIscction 6018.
(d) Tempol"3I')' relqcaLion resources may be relied upon in the interim
only if the provisions of section 6004 are satisfied.
t 6056. Termination of Relocation Assistance.
A public entity's relocation obligations cease UDder the following cir-
cumstances:
(a) A displaced penon moves to a comparable replacement dwelling
and receives all assistance and payments 10 wirlch he is entitled.
(b) The displaced person moves to substandard housing, refuses rea~
sonable offen of additional assistance in moving to a decent, safe and
sanitarY replacement dwelling and receives all payments to which he is
entitled.
(c) All reasonable efforts to tnlCC a person have failed. To ensure that
the action of iI. public entity does not reduce the bousing' supply in critical
cm.egories or locations. unsuccessful efforts to trace a particular dis~
placed person shall n01.1esscn the obligation to provide last I'f;SOrt hous~
ing. (See Anielc 4.)
(d) The business concern or farm operation has received all assistanct:
and paymcnu to which it is entitled and has beeIl sUCCCisfuUy relocated
or has ceased operations.
(e) A penon disp}aced from his dwelling, husiness or farm refuses rea.
sonable offers of assistance, paymcn1S and comparable replacemern
housing.
I 6058. Eviction.
(a) Eviction is pc:rmi.ssihle only as a last resort. It in no way affccu the
eligibility of evicted displaced persons for reloaW.Ol'l payments. Reloca~
lion records must be documented 1.0 reflect the specific circum5tances
surrounding the eviction.
(b) Eviction shall be undertaken only forone ormorc of the following
reasons:
(l) Failure to pay rent. except in those cascs where lbe failure to pay
is due to the lessor'S" failure -to keep the premises in babilabie condition,
is the resllh of harassment or retalimory action or is the result of disconti-
nuation or substantial intaTUption of senices.
(2) Performance of a dangcrou<. megal ... in the unit.
(3) Material breacb of !be rental agreement and Wlure to CDrTCCt
breacb within 30 days of noUce.
(4) Maintenance of a nwsance and failure to abate witbi:D a reasonable
time following notice.
(5) Refusal to accept one of a reasonable nlllllber of offen of replace-
ment dwdJings.
(6) The eviction is required by Stmc or local law and cannot be pre.
vented by reasonable efforts on the part of the public entity.
t 6060. Eveluation of Relocation.
(a) A public entity is encouraged to evaluate its relocation program,
assessing the quality and quantity of services provided .. well.. displa-
- satisfaction, to determine the adequacy of prng:am planning and to
ascertain whether any _ ha.. been denied the full benefits and....-
vices to which they are entitled. The cVB1uation should be basccI npon an
annual or continual inapcction of files and records, .... interviews. and
inspection of replacement housing and business and farm replacement
""'"
I
""'"
Psge 2li8
....., No..41; 19-1-99
RDA Resolution No. 2003-1840
Page 53
Titl. 25
Department or Bonsing and Comml1Dity DntIopmeDt Programs
t 6090
e
locations and diSCUS5ions withlocal individuals ororganizations familiar
with relocation issues. A written evlluation should be prepared a11ea&t
annually.
(b) Th. fil.. aml =ords 01 displaced pc:soos ODd propcny 0WIICf1l
should be selected at random. 1be review should include any cases that
were identified by previous monitoring iii requiring corrective action and
should as.... the public nntity' s progress in taking corrective llOtion. Both
relocation a:od acquisition activities should be covered by the rniew.
(1) The relocation sample should include cases.in whic.h all payments
have been completed and cases in wbich the person bll5 been displaced
bul all payments have not yet been mad,. The wnpln mould provide a
basis forthe revicwcrto detennine not only whethcrpayments werecom.
putcd. properly and made promptly, but also whether displaced persons
received proper notice of the full range of relocation assisLanCC: and 1C:r-
vices to which they are entitled. Priority auention should be given 10
cascs in which a grievance has been filed or the agency has determined
thallll. pcr10n is incliglo)c for relocation benefits.
(2) The acquisition ao.mplo should be based on cascs in whien aet1le-
menl has been complct.ed. However. ifneccssary to provide Ii representa~
Dve sample of acquisition activities., !.he reviewer should include incorna
plel:e transactions in which neaotiB1ions have been initial.ccl.
(e) A.ftcrthe records and files have been reviewed. the reviewer should
select cases far further evaluauDD through personal inlCTViews with dis.
placed pet5DIlB andIorownm and lhe inspection ofbousing to which per-
sons have moved. The interViews and housing inspections should ser'YC
both to spot c:hecl:. the accuracy of the information obLained in the exami-
nation of the records and files and give the reviewer a bencr perspective
on the agency's performance.
The number and type of cases for wtrlch intervicws and housing io-
spections are: to be carried out should reflect the reviewer' 5 judgment
based OD the infonnation he has just reviewed. Genc.raUy. an inLCrView
and inspection ihould be carried oul for at least one of every five cases
for which the filcsand rocords have been reviewed. Only wherethcnum-
her of persons displaced h leIS than 2S should Ibe number of interviews
and ins.pc:ctions be less than 10. In no cue -sbauld Ihe number ofmleT-
views and inspections be lowerthan the lesser of five IlIJd the Dumber of
persons displaa;d. To the extent possible,. the inl.er'Views should cover B
~taIive cross section of the typeS of cues in the agency's work-
load.: c.g., relocation cases involving families of various sizes IS well as
individuals and business concerns (including both owners and. tenants),
and acquisition uansactiom involving residential, commercial and in-
dlll1rial properti...
(d) In addition lo the above, the foDawing facun are among those
wlrlch ahouJd be considered:
(l) '!be effectiveness of effmu to provide relocation services to dis-
placed penom, including timeliness ofDOtice and C01'mC01cssof c1igibil.
if)' determinatiOUI.
(2) The satisfaction of reloca1nd lamilies, illl!ividuala ODd businesa
cxmcems in their DeW Jocaticms.
(3) 1he extent to wbich self-moves to substmdard bollana bave been
minimized.
(4) The effectiveness of efforts. to provide relocation services 10 busi-
ness COIlCCrI1f., including cmm.se1ing services. and SBA loaDS to aid in
their reestabJishmeat,.
(5) The promptne.. of l""'=ssinIl clllim, BOd the making 01 payments,
inc1udiDg tbc amounts., delivery, md use ofrcloc:ation payme0t5..
(6) Tbe number and JnBgnitDdc of rent incrcaacs followiD& acquisition
and displ_m.~f
(7) The effcc:ti"""... of methods uand to JOSOl.. dift"=ltics nxpnri-
nuond by sito occupBDts.
(8) The dfectiveo... 01 the public entity', grievance procedures.
(9) The nxtoot of lOSitlellt involvement in planning tIln relocatiOll pro-
.,.",.
(l0) The dfnctiveons, in....,;"g equal opportunity fordisplaced per-
sons aml iD roduc:iDl: pan=ms of minority-group COllCOntnltiOU.
e
e
(II) Th, nffeaiveonss of relocation ill upgrading the bOusing 8Dd
overall anvironmemal cooditiona of _ disploned.
(J 2) The ef'fecIi""",.. of the aocial anrvice progrom. including COUll-
se}jng scrviCCl. ill helping res.idents adjust lO relocation and in helping
solve individual and fami)y problems.
(13) The impal:t ou those segments of the bousing JIWket aerving the
income groups displaced.
Article 3. Relocation Payments
1 6080. Purpoae.
The purpose oflhis Ankleis lo sctfonh the types of, and specific cligi.
bility criteria for. relocation ~ymenLS to. displaced pcrsoIls. Basic eligi-
bility conditions are set forth in scctioo 6084. Specific conditions relating
10 panicular payments are descn1;>ed m later sections.
16082. RelOClltlon Paymenl8 by Public Entity.
A public entity shall mak~ relocation pl.ymems LO orOD behalf of eligi-
ble displaced pet"5Ons in accordance with and 10 the lull exlCDl pnrmillnd
by this Article. The Obligations desaibed in this Article are in addition
\0 those in Aniclc 6-
1 6084. Baolc Eligibility Conditione.
A penon establiahcs hasic eligibility lorrelocation payments ifh. sal-
isfi!:s the conditions described in section 6034. A person who moves
fromrcaI ,propcn.y orwho moves his personal property from real property
because he will be displaced from other real property on which he con-
ducts a business or fann operation. establishes eligibility on the basis of
the move from such other propeny only for pByments made pursuant to
llCCtion 6090.
1 6086. Notice 01 Intent 10 Oloplace.
A public entity may issue a wrincn Notice oflnlent to Displace at any
time after fanning a reasonable expccuuion of acquiring real propcny.
Such a notice,. by establishing c1igfoility prior to acquisition, will enable
a public c:ntity to respond to hardship and ocher situB1ions.
1 6088. Filing 01 Cleimo; Subrniaeion 01 Tax Retuma.
AD claims filed with the public entity shall be submitted within eigh-
teerI months of the dale aD which the claimaDt. tteeives final paymcm for
lhe propcny or the dale on which he moves, whichever is ll1c:r. TIle dis-
placiq entity may extend this period upon & proper showing of lood
c:euse.
Except where specifically provided olhcrwiae a claimant. shall not be:
required to submit a copy of bis tax retams in IUppan. of a claim for rc1o-
CBtiOtl payments..
1 6080. Actual R..oonable Moving Expa.......
(a.) General. A public entity shall make a pa)'tbCDtto a displaced penon
who salisliea the pnninnm eligibility n:quiremnnts of sec:tioa 61184 and
the n:quirnmnnts of this anction, for 8CIuai IC2SOIUIbIn cxpen... opnciiind
below BOd aullject 10 thnlimitations... forthiD aubaeclion (c) of this anc-
tion for moving himae1f, bU family. busiDels., farm opetItioc or other
pnnoua1 property. In all cascs the lllIlOUlIl of a payment sha1I DOt nxcecd
the reasonable eost of accompliBhilq: tbc activity in coaucction with
wbien a claim has been filed.
The moving and related expenses farwbich claims may be filed shall
include:
"(t} TramporIation ofpc:rsons IDd property DOL to e:xceed a distance of
50 miles from the Idle from wmen displaced. except wbnre relocation be-
)I01ICl aucI1 diatancn or 50 mil.. is juatifind;
(2) PacidDg, cnning, uupaclcing and ODCnltin& pnnonal property;
(3) Soen BUnge of pnnona1 property, fora period gnnnrally not... ex.
ncnd 12mouths, as _oed by the public c:mity 10 bnnncnssary in con-
oection with relocation;
(4) Insurance ofpcnlonal property wbile in _ or lnlDsi~ BOd
(5) The ~ rqU""""",,t vIIi.n of pmpeity loot, atoInn or dam-
aged (DOl throul!h the fault or nngligence of the dispJa=l person. his
Page 269
.....". No. 41; 10-1-19
RDA Resolution No. 2003-1840
Page 54
~ 6090
BAR CLAYS CALIFORNIA CODE OF REGULATIONS
TItle2S
--.,
agent., or employee) in the process of moving, where inswance covering
sucb loss, theft or damage is DOt reasonably availabll:.
(6) The cost of disconnecting, dismantling. removing, reassembling,
reconnecting and reinstalling machinery, equipment or other personal
property (including goods and inventory kept for sale) not acquired by
the public entity, including COIlIlCCtion chmge, imposed by public utili-
ties for starting utility service.
(b) AcbJaI Reasonable Moving Expenses-Displaced Business Con-
cerns and Farm Operations.
In addition 10 those compensable expenses set forth in subsmion (a)
of this section, a displaced business concern or farm operation may file
a claim for the following moving and related expenses:
0) The cosl.., diJCCuy related to displacement ormodifying the machin-
ery, equipment, or other personal property 10 adapt it to the replacement
location or to utilities available at the replacement location or modifying
the poWcf supply.
(2) Oairns for paymenl under this subsection shall be subjccl.lD lhe fol-
lowing limitations:
(A) Reimbursable casu shall be reasonable in amounL
(B) The coslcoUlcl not be avoided or substantially reduced at an alter-
na~ available and suitahle sil.e to which !.he business was referred.
(3) Tnc cost of any license. pmnh or ccnification required by a di..
placed business concern 10 the exlent luch COSJ: is necessary to the rees-
tablishment Of its operation at a new location.
(4) The reasonable cost of any professional services (including but not
limited to. arehittds', attorneys' or engineers' .fees, or consultants'
charges) necessary for planning the move of personal property. moving
the personal propcny, or installation of relcicaled personal property at the
replacement site.
(5) Where an item of penonal propc:rty which is used in connection
with any business or fann operation is not moved but is replaced with a
comparable iten. reimbursement in an amount not to exceed (1) the re.-
placement cost, minus any net proceeds received from its sale. or (2) the
estimated cost of moving, whicbever is less.
(c) Advance Payments. A displaced person may be paid for his antici-
pated movin, expenses in advance of the actual move. A public entity
shall provide advance payment whenever later payment woulcl result in
financial haTdship. PanicularconsidcnWoD shall be given to the financial
JimitallOns and difficulties experienced by low and modc:r8l.e income: per-
sons and small farm and business operations.
(d) The specific provisions contained in this section art not inlcndcd
to prcciuae a public entity's n:liillIlce upon other reasonable means of ef-
fecting a move., including contrICting moves and ammging for assign-
ment of moving expense paymentS by displaced persons.
(e) Self-moves;. Without documentation of moving expenses actually
incurred, 8 displaced pm.on elcctini: to sdf-move may submit a claim
for his moving expenses to the public entity illllIl amount not to exceed
III acceptable low bid or an amOUDt acc:eptable to the displacing entity.
(f) Personal Propcty of Low Value and High Bulk-Business or Farm
Operation. WbcR., in the judgment oftbc public entity, the. cost of mov-
in& any item of personal propeny of low value and high bulk wlrlcl1 is
used in connection with sny business or farm o"pemtion would be dispro--
ponionate in relation to its value, tile aUowable reimbursement forthe ex-
pense of movinx such property shall DOlI:Xceed the difference. bctwcc:n
the cost of replacing the same with a comparahle item available on the
market and 1he.amount which would have been received for such propc::r-
ry 011 liquidation. 'IbiJ provision may in appropriate situations be applied
la clllims involving tho moving of jllllkyards, SlOCkpiles, .1Illd, gnovcl,
mineral" metal& and oimil.,. property.
(g) Docomenwion in Suppon of a Claim.
(I) General. Exc:cplUl the case ofa displaced person conducting a self-
move as provided in subsection (c.) above, a claim for 8 payment under
this ,ection &ball be ,upporlCll by a bill or other evidcacc of expenae5 in-
cunad. By prclllI10Igcment between the public entity, tho oil< OCCUP81I1,
and Ehe mover, evidcncc:d ill writing. the claimant arthe movcrmay pres_
en! an unpaid moving billla \be public entity, and tho public entity may
pay \be mover diIectly.
(2) Business and Farm Opers1ions. Eacb claim in excess of $1.000 far
the costs incurred by a displaced pen;on for moving his business or farm
operation shall be supported by competitive bids in such number as are
prllCtical. If lb. public entity dclcmlines Ibm compliance with the bid "'_
quiremcnt is impractical or if estimates in an amount oflcss than Sl.000
are obtained, a claim may be supported by estima1es; in lieu of bids..
(h) Whenever a public entity must pay the actual COSl of moving B dis-
placed penon the costs of such move shall be exempt from regula.tion by
the Public Utilities Commission as provided by section 7262(e) of the
AcL The public entity may solicit competitive bids from qualified bid-
ders for pcrfonnance of \he work. Bids submin.ed in response to such so-
licitations shaJl be exempt from regulation by the Public Utilities Com~
mission.
(i)( 1) Reestablishment Expenses.. In addition to moviug expense pay.
menu. a fBml. nonprofit organization or small business of not more Ulan
500 employees, shall be entitled to actual and reasonable reestablishment
expenses, not 1.0 exceed S 10,000.00. Reestablishment expc:nscs shall be
only those expenses mill. are reasonable and necessary and include., but
are not limited 10:
(A) Repairs or improvements 1.0 the tq)lacemem. property as requitul
by FcderaJ, SlaLe. or local law, code or ordinance.
(8) Modifications LO the replacement property to accommodate the
business operation or make replacement st:rUCturCS smlable for conduct-
ing the business. .
(C) Construction and installation costs for exterior signing to advertise
the business.
(D) Provision of utilities from right-of-way to improvemeats on the
replacement site.
(E) Re.dcc:oraticn or replacement of soiled or wom surfaces at the re-
placement sile, &UCb as paint, panelIing or carpeting.
(F) Licenses, fees and pcnniu when nOl paid ~ part of moving ex-
pelIlIC$.
(0) Feasibility surveys. soil testing IDd mari;eting ltudies..
(H) Advertisement of rcp1acemt:nt location.
(1) Professional services in connection with the purc.base orlease of a
replacement &itc.
(J) Estimated increased costs of ope:raticm during the first 2 years at the
replacement site for such items IS:
I. Lease or rental charFs,
2. Pcnonal or real property tax..,
3. Insurance pmnillm$, and
4. Utility charges, "'eluding impact fee&.
(K) Impact fee, or one-time assessments for anticipm<l bellY)' noage.
(L) Other items es,entialla the .-.blishmen! of tho -..
(M) For purpo&es of Ibis subsecWm the term "small busines," aball
mean &. business baying not rnot'C than SOO employees working B1 the site
boiDg acqu_ or diopla=! by a program or projec:t, wllicb oil< is \be l~
cation of economic activity. Sitesoccopicd solcJybyou.t.door advertising
signs, display&. or devices do not qualify as a small business far purposes
of this subsection.
(2) IncJilllblc expenses. The fuIJowing is a nonexclusi"" listing ofre-
establishment expenditures not considered to be reasonah1c, necessary,
or otherwise eligible:
(A) Pun:base of copital as""" such as, office fumilUIc, filing cabiness,
macbinery, or 1IBdc IixlllreS.
(8) Pun:bue of manufacturing lIlIIlcrial" production .upplies, prod_
uct inventory. or other items used in Ibe normal courae of the busi.ncu
operation.
(C) Interior or exLcrior refurbishmentJ at the rcp1accment site which
.... for ",,\betic _ except as provided in paragraph (i)(I)(8) of
Ibis section.
(0) Intert:sl on money botrowcd la IIlllkE the move orpun:base the re-
placement property.
.-...
~
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~".ND.<41;1l)-i-"
RDA Resolution No. 2003-1840
Page 55
e
Title 2S
Department of Housing .nd CommODity Development Programs
f 6100
(E) Payment 10 a pan-timc business ID the home wbich does not ccm-
tnbUll: m8ll:rially to the housebuld income.
NO"IE: Authority died: Section S046O, Ht8hh IDd Slfcty Code. Reference: Sec.
tiOl17262(&)(4), Govemment Code.
HmoRY
1. AmcDdmcnto[llCCtion and new NOTEfiied8-12-97; opcnIiye9-11-97 (Regi5-
Ie" 97. No. 33).
I 6092. Actual Direct Losses of Tangible Persona'
Property.
(a) General. A public entity shall make a payment to 8 displaced person
who satild'ies the eligibility requirements of section 6090 and this section.
for actual direct losses of tangible personal property as I. rr:sult of moving
or discontinuing a business or farm operation, in an amount determined
by the public entity to be in accordance with the provisions oflhis section.
(b) De\emrining Actual Direct Lots of Propcny. Aclual direct loss of
property shall be determined on the basis of the lesser of the following:
(1) The fair market value of the propeny for continued use 81 its loca-
tion prior to displaccmenL
(2) "The estimated reasonable cosu of relocating the propeny.
The public entity may require, thai. the owner finill make a bona fide ef.
fonto sell the propcny or it may pennil the: owncrftO\. to cia so. The pro-
coeds realiud from any sale of all or pan of !be propcny .haIl be de.
duaed from I.he dcl.emlination orlolS. In calculating payment under this
section the reasonable cost of 8!l c:ffon. to sell shall be added lo the deter-
mination of loss.
(c) Documentation to Support Claim. A claim for payment hcrcundcr
shall be supported by written evidence of }oss which may include ap-
praisals. certified prices. hilh of sale. receipts, cancelled checks, copies
of advertisements, offers to sell, auction records. and other records ap.-
propriate to support the claim or the public entity may agree as lO the val-
ue of the property left in place. .
t 6094. Actual Reasonable Expenses In SeBrChlng for 8
Replacement Business or Farm.
A displaced pcr50n who satisfies the pcninent eligibilityrequircmcnts
of section 6090 with n:spect to aaual reasonable moving cxpense&.. shall
be eligihle for a payment in an amount not lO c:xccccl $1.000. in searcbing
for a rcplaccmc:nlbusiDcss or farm, including expenscs.inc::um:d for:
(a) Transportation;
(b) Meal. and lodging a_ from home;
(e) TIlDe SJlCIIl i. SClll'Cbing, bosc<l on the hourly w"B""" of tile will)'
or ellrllinp of the displace<l pe:r3llIl or his repn:sco18ti..; and
(d) "- paid 10 a rea.! e.tate IlgClll or broker 10 locau: a replacemcat
buaiJJcss or form.
NO'IE: AI1lbority cited: SccI:icIII S046Q, Health .rid Safety Code. Refcn:ucc: Sec.
tia> 7262(al(3), 00_ Code.
IilsTaRY
J. Amendment offim~ atd lubscctiOll (e) and new NOIEfiled 8-12-97;
___.. 9-1 1-97 (1loP= 97. No. 33).
t 6096. Moving Ex_o-Ouldoor Adverti.ing
Bu.lne.....
A displaced penon wbo moducts a laWful activity I'1'!-marily for~st-
ing in the purclwc. .a1e. reale, lIUlIlIlfllClUre, ~. or ~
of prodllCtl, commodities. pcnOlJlll properlY. or ......... by the crectlon
IlDlI nWmcrumcc of outdoor odYl:rtising displays is ClltillccllO p_
for the ....OIIIIble COIl of moving such displaY' or their in-p!lICC valllC,
whichever is lesser.
t 609B. Altemote P.ymentll-lndividuols .n~ ""mill...
A penon or family, who i. displ8CC(\ from a dwelling IlDlI is eligible
for a payment for actU8l reasonable moving expcnBCI undctsc:ction~.
may elect to receive and shall be paic1. in lieu of such payment a movmg
I expense and dislocatioo allowance dclcrmincd in ~ with estab-
li.hed Fcdcr>l HighWllY AdmiDistrotion schedules _ncd by the
e Califoroia Dcpmtmcol of Tl8Osporl8Don.
NOTE: Authority ciUld: Scctitm S046O, HcII.lh IDd Safety Coclc.. Rcfcn:ncc; S=-
Ii.. 7262(b), Go.ommcDl Code.
e
Page 271
!iJSTORY
1._of-..(.)fiIccI1I->-76............,oy;d.,;II'"lCd"""'.
ti..11-27-76(Rc~76, No. 44).
2. Cenifi_ofC~ filed 2-16-77 ~77, No.1).
3.Amendmcntof section andncwNorerxlcd &-Jl-97;ope:nr.tive9-1 1-97 (Regis-
ter 97, No. 33).
f 6100. Alternate P.yments-8u.in..... .nd F.rm
Operstion.,
(a) General.
(1) A penon who i. disp1ace<1 from his place ofbu.i.... orfann opent-
lion and is eligible for payments under sections 6090, 6092, 6094, or
6096, and complies with the TCqUircmcnlS of this section. may elect to re-
ceive and shall be paid., in lieu of such payments, a payment cqualto the
average annual net earnings of the business or farm operation (but not in-
cluding a business as described in section 6(96) as determined in accor-
dance with subseaion (b) below, except that such paymenl shall be DOl
Jess than S 1,000 nor more than $20.000. For purposes of this section, the
dollar limitation specified in the preceding sentence shall apply to a
single business. Jegardleas of whether it is carried on under one or more
legal entities. .
(2) Loss of Goodwill. WhCll pllymcnt uodor thi. scclion will precede
sct.t1cmcnt ofa claim for compenslllion forlossof goodwill uoderthe Em-
inent Domain Law, the publiccntity beforctcndering payment shall slate
in writing what portion of t.hc payment.. if any, is considered to be com-
pensation for loss of goodwill and shaU explain in writing that an)' pay_
ment made pursuant to Code of Civil Procedure. Sections 1263.510 ~t
s~q. (the Eminent Domain Law, Chaplc:r 9, AnicJe 6-"'Compemalion
for Loss of Goodwill") will be reduced in the same amount The portion
considered to be compensation for 101S of goodwill shall DOl exceed lhc
difference between the payment made under this section and an amount
which reasonably approximates the payments fOT whicb the clisplaccd
person otherwise would be eligible under Sections 6090, 6092, 6094, and
6096. F811uR: to provide such written I18.ICIDCDt and ex.planatioo sball
constitute a conclusive indication tha1 DO portion of the payment is con-
side:recl La be compensation lor loas of goodwill for the purposes ofthm.
partioo of the CocIc of Civil Pnx:cdurc rcfcrcnccd lIbove.
(b) Requir:mcntJ-Busine:sses. Payment shall noL be made under this
section unless the public emit)' detc:rmincs that:
(1) TIle business is nOl opc:rated solely for 1"C':DUll p:urposes and. cannot
be relocated wilhoul a substantial loss of its existing p81ranagc,. baed on
a consideration of all pertinent circumstancel including such !actmI as
tile type ofbuiineu COllducu:d, thenmur. of the c1iontele. the _.. im.
potW1CC to the diaplllCCd busi.... of its _ IlDlI propotecllocation,
end the availability of a suitable reJoca1ion site;
(2) 1be husiness is not part of a commerciaJ enterprise baviDg no more
than th= (3) other CSUlblishmcnts wbicb me not being Ill:qUiJod for a
project and which is engaged in the: same or sbmlar busiDe$l.. WbcDever
tile sole remoining facility of a buaiJJcss wbicb bas been displ8CC(\ from
its priucipallocaDDIt:
(A) HIlS been in opcrotion for less than twO ~
(B) Has hIlcIa_lllIIIuaI gross rcccipu oflcls tboo $2.000 during
tile two taxoble years prior to displacement of the IItlljor compDDClll of
the business; or
(C) HIlS hod a_lllIIIuaI nctcaroiDg< ofl... tboo Sl.ooocluringthe
tWO taxoble years prior 10 the displllClmllOlll of the ,.,gar compoII"" of
the business,. the remaining facility will Dot be conaider!':lCl. another..estab-
lishment'" for purposes of this section; and
(3) The displaced busincas;
(A) Had "_lllIIlual gros. receipts of lItl_ SS.llOO duriDg the two
taxable years prior to displ.~ or
(B) The disp1llccd business hod a_1ID1IUll! net comiDgs of lit Icast
51.000 durio& the two tax8bIe years prior to displllOenlODt; or
(C) The cli.pl8CCl! buaiJJcss cootributecIlIt lout 33 1/3 pcrecnt of the
Iota! gross income of the 0WDCr(.) cIuring eoch of the two unble years
prior to displ= 1f in any .... the public entity _ tblIt the
two year pcOod prior 10 displacemenl is DOlrcpresenUUive of avc:raae rc-
a.paw Ill,No. 41; 10-1-99
RDA Resolution No. 2003-1840
Page 56
~ 6102
BARCLAYS CALIFORNIA CODE OF REGULATIONS
TIde 25
.-.,
ceipts, earnings or income, it may make use of a IIlOtC representative peri_
od.
(D) If the appIicatiOD of the above criteria =ale$ an inequity or hard.
ship, the displacing agency may useothcr criteria'as permitted. in 49 CFR
24.306.
(c) Delmnination of Number of Busine.....
In determining whether one or more legal entities, all of which have
been acquired, constitute a single business, the following facton. among
others shall be considered:
(1) The extent to which the same premises and cquipmcnl are shared.
(2) The extent to which subsWltiaIly identical or intimately interre-
lated business functions are pursued and business and financial affairs
arc coJt1D'rlnglcd.
(3) 1be exrenlto which such entities arc held DUIIo tlJe public, and to
those customarily dealing with such entities. as one business.
(4) The extent 10 which the same pmon or closely related persons
own, control or manage tbc affairs of the entities.
(d) Requjrements-Fanns.In the case of a fann opemlion, no payment
shan be made under Lhis section unless the public entity determines thai.
the fann met. the defmition of I fann operation prior 10 its acquisition.lf
the displacemenl is limited to only pan oftbe farm operation, tbeopcralor
will be considered to have been displacccl fn:ml a farm operation if: the
part taken met the dcfiqition of a farm operation prior to the laking and
the Laking caused such I substantial change in the nawre of the existing
fann operat.ion as 10 constitute a displacement.
(e) Requiremcnts-Nonprofit Organizations. ln the case of a nonprof-
it organization, no payment shall be made under this section unless the
public enti[)' determines that:
(I) The nonprofit organization cannot be rclocated without a substan~
tial Joss of its existing patronage (the term "existing patronage" as used
in connection with a nonprofit organization includes. the membership,
persons, communi[)', or clientele served or affected by the activities of
the-nonprofit organization); UlC!
(2) The nonprofit Ol'Kanization is not a part of an enterprise having
man: lhan three (3) olhc:r e.tablishment> IlOl being acquirccl which is en-
gaged in the same or similar activity.
(f) Net Earnings.. The term "average anaual net earnings" as used in
this section means one-balf of any net earninp of the business or farm
operation. before (ederal and Stale IDcome taxes, durinl the two (2) taX-
able years immediately preceding the w.able year in which the business
or farm operation move> from the ral property acquired for such project,
or during such other period IS the head of the public entity determines to
be men: equitable for CIltablishiog suc:.b earnings., and includes any com-
pensation paid by the business or fmn opentt:ion to the owner, his spouse
or hi. dependents during sucb period. The term "owner" as used in this
section includes the sole propriClDr in I. sole proprielOTship, the principal
parmers in a partnership, and !he principal stockholders of a corporation,
as determined by the public entity. For purposes of delermining a princi.
pal .lOClc:holder, .U>c:k bcJd by a hu.bancl, his wife and their dopendent
children sball be trea1ed as one unit
(g) If a displaced penon woo conducts a busincss or farm operation
elcclS to receive a fixocl payment under thi. acdion, he shall pmviIIc
proof of bi& earnings from the business or farm operatiOD to the agency
conccmcd. Proof of earnings may be established. by incOme tax retums.
financial sta1emeDtS and. accounting JCCOrds or similar evidence accept_
able to the public: cutity,
NOTE: ADlbority c:iled; Scc::tion 50460. Health and Safcry Code. R.cfcrenc::: Sec.
tiOll 7262(c), G~ Code.
!l1sroRy
1. AftJClulmcntof~ (t)(2>mcd lJ-S-76as aJH___J;d=signaJ:edcf-
fcctive 1 J-27-76 (RcBislcr 76. No. 44).
2. ConificoIc of Compu..adiJod 2-16-n (RepaIor n. No. g).
3. Amendment of mbsections (a){l)-{b)(2) and (b)(3)(A). new JubsediOll
(b)(3){D). .me."b"e," of "'_DDS (e)(2) Bnd (f), and .... NOTE filed
8-12-97; operative 9-11-9"1 (RcPtc:r97. No. 33).
Page 272
16102.. Replacement Housing Paymentl for Hameownera.
(a) General. A public entity shall make to a penon who is displaced
from a dwelling and wbo satisfies the pc:rti.oem eligibility requirements
of section 6084 and the conditions of subsection (b) of this section, a pay-
ment nollO exceed a combined total of $22,.500 for:
(1) The amount, if any, which when-added to the acquisition cost of
the dwelling acquired forthe project equal. the reasonable CO.t. asdeter.
mined in accordance with subsection (c), of a comparable replacement
dwelling. This amount ShA11 not exceed the difference between the acqui~
, sition price of the acquired dweUing and the actual purchase price of the
replacemenl dwelling, except where a displaced person. in the circum-
stance described in paragraph 6]08(a)(I), is willing tel use the extra
money to improve lhe condition of the dwelling.
(2) The amount., if any, 10 COmpensate the displaced person for any in-
acased int.ereSl costs, as dcl.emtincd in accordance with subsection (e),
he is required to pay for financing the acquisition of a rcpJacementdwell-
ing. 1be payment shall not be made unless the dwelling acquiTCd by the
public entity was encumbered by a bona n,de mongage which was a valid
lien on the dwelling for not less than 180 days prior to the'initiatiOtJ of
ncgoliauons for acquisition of such dwelling. (1'bis time requirement
may be modified in acc::ordance with the provisions of subsection (b) be-
low.)
(3) Reasonable expenses, det.ennined in accordance with subsection
(c) of this section, incurred by the displaced person inciden1to the pur-
chase of the replacement dwelling.
(4) In accordance with section 6108, the cost ofJebabilitating a dwell-
ing which does nOl satisfy the decent, safc and sanitary standard.
(b) Eligibility Conditions.
(1) A displaced person is eligible for payment under this section if such
penon:
(A) Is displaced from a dWelling that is acquired;
(B) Has ac:tually owned and occupied such dwelling for not less than
180 days prior to the initiation of negotiations for its acquisition; and
(C) Purchases and occupies a replacement dwe1lini: within one year
'UbseqllClllle the da1e on which he rccei ved final payDIl:Dl from \he pub-
lic entily of all co.ts of the acquired dwelling or the elm OD whicl1 he
moves from the acquired. dwelling, whichever is la1e:r.
(2) If an owner &atisfics all but the 180 day rcquircmc:ut and caD estab-
lish to the satisfaction oflhcpublic entily that be boughttbeOwelling with
the iUl.ention of making it his. place of ft:sidc:nce, that the move was DOt
motivated by a clesin: 10 receive relocation assis1lDCe and benefits, and
th81 be neither knew nor should have knoWD I.bat public acquisition WBS
inLCndcd the public entity may reduce the requirement as necessary.
(3) Wh= forreasen. beyond the con1rol of the displaced petliOD com.
pletion of construction, rchabJ.1itation,. or reloc:atiDD of a replacement
dwelling is delayed beyond the da1e by which occupancy is roquired, the
public emity shaD detennine the date of occupancy to be Ibe date the dis.-
placed person enters into a contract for such construction. rehabilitation,
or relocaUOD or for the purchase, upon completion, of a dwelli"li to he
COOJUucICd or rehabilitat<<l. if. in fact, the displaced penon occupies the
rcp1acement dwelling when the CODstrucrion or rcbabilitation is com-
pletod.
(4) Where, for reasom ofhanlabip or cin:ums1ancec beyond the cen-
tral of the displacecl peraon, such petlion i. UDlIble lD occupy the "'Pl=-
menl dwelling by the required da1e, the public ODliry may exleIld the
cIeadline as lltCCSSIII}'. If by the lIcadline the di.placed penon has con.
- Ie purchaae a topIacemCDl dwelling. the public CDliry should ClI..
lend the deadline.
(5) No penlOll otherwiae eligible for a payment UDCIer thia acdien or
UDCIer section 6104 shall he denied such eligibility as. reouItofhi. being
unable, hecBUse of a major sw.e or national disaster, to mc:d tbc occupan-
cy requiIcnems.
(c) Computation of Replacement Housing Payment.
(J) Coal of Comparable Repl""""""" Dwelling.
-.,
I
.-..
~".Ncl.41; lD-i-t9
RDA Resolution No. 2003-1840
Page 57
e
'Iitle2S
Department of 8005mB and Community De.e1opmenl J'rovams
i 6104
(A) In determining the reasonable coot of a c:omporab1e repla=ncm
dwelling. the publie entity concerned 8blIIl use OIICoftbefollowing me<b-
od~
I. Compamive Method. On a caae-by-<:ue basi. by determining !be
listing price of dwellings which have, been selected by the public entity
and which are most representative of the ac:quin::d dwelling unit anC meet
the definition of compaJ3.ble replacement dwelling set out in subsection
6008{c). Whenever:' possible the listing price of alleast three dwellings
shall be considered.
2. Schedule Method. Where the public entity det.emrlncs!blll the com-
parative method is not feasible, it DUly establish a schedule of reasonable
acquisition cost! for the various types of comparable n:p1acemcnl dwell-
ings.lfmore than one entity is adminill.ering a projccl causing displace-
ment in the area. it shall cooperate wilh lhe other entities in cstablishing
a uniConn schedule for the area. The schedule shall be based on a current
analysis of lhe market to determine a reasonable cost for each type of
dwelling to be purchased. In large UJban areas this analysis may be con-
fined to the sub-arca from whichpenonsarc displaced or may c:overa:ev-
cral different sub-arcas. if they satisfy Dl"cxceed the crilbrialist.ed in sub-
section 6008(c). To aSsUTC the greatest comparability of dwellings in any
analysis., the analysis shall be divided into classifications of the type of
construetion, n~ber or bedroom&. and price nmJCS.
3. Alternative Method. Where the public entity clclcrmines that neither
the schedule, nor comparative method is feasible in a given situation, by
the use of another reasonable method.
(B) Wbicbever method is aelected the cost shall be: updated to wilhin
three months of the date of purchase of the replacement dwelling.
(2) Interest Payment&. lnlCrat payments shall be equal to the dis-
counted present value of the difference between the aggregate interest
applicable to- the amount of the principll of the mongage on the acquired
dwelling ovcrits remaining term 11 the time of acquisition. and otherdebl.
service costs, and the aggregate intc:rcst paid on the mongage on the re-
placement dwelling. and other debt service costs. Tbe tenn and amount
of the mongage on the replacement dwelling for purposes of this para.
grapb shall be the les.er of the remaining ICtlll and IIDlOUDt of the mort.
gage on the acquired dwelling. orlbe BCtUIl term and amown ofthc mDl1-
gage on Lbc replacemcDt dwclliDg. The amount of the debt service cost
with respect to 1IIe ..placement dwelling .baIl be the I...... of the debt
service cost based on the COlt ~ for a comparable dwellinJ,. or !.be
debt service cost based on the actual. COlt of the replacement dwelling.
I'lopoid in......t or "poilUS" sba1I be considered in the delermilUlli011
of aggregate interest.
bl calculating tbe IlIlIOIlDl of colDpenl8tiOll, in=aaad int=< cost
shall be reduced to discounled present value using the prevailing interest.
rate pmd on savinas deposits by commercial banks m !be gencrallll'el. in
wlDch !be replacement dwelling i. located.
(3) Expenses Incident to the Pun:Iwe of the Replacemmt Dwelling.
Plymcm. uDder this section lhail include tbe amoUDlncc:euary toreim-
butJe thedisplBCed penon for actual coati incurred by IDm incident to the
pun:lwe of the replacement dwelling, including but DOl limited to the
following: legal, closing, and related coati including title aean:h, prepc-
ing conveyance conuaca, notary feel, 'un>eya, preporin& dnIwinp or
plats, IUId cb"'lle$ paid incidcm ton:cmdalicm; lender, FHA, V A or simi-
lar appraisal cost; FHA, V A or similar applicaliOfl fee; cost for ecrtifu:a..
tioo of .1r\Icll1nl _: c:recIi1 report charwec, clwJe for owner'.
IUId JIlO1"tB8&",,'. evidence or assurance oftiUe; escrow """,,'alee: IIlId
sales or tramfcr taxcl. Paymem for lflJy such expenses 5haIl not excoed
!be amouolallribulable 10 the purcbue of a reploa:nu:m dwelling, Such
expenses shall be reasooable and leplly requin<I or C:USlDmBIy in the
community.
Reimbuncmeot ,bill not be made onder the prooisiOllS of this pora-
IllBPl1 for allY fee, cost. chlrje, or _ whic:b is _oed to be a
pan of !be debt ..,..;ce or finana: cbmJe onder Title J of the Truth in
e L.aodin& Act (Pub.!.. 9(>.321), and Rqulation Z issuod pursuIlDt tbereto
by !be Board ofGooemors of !be Fedenil Reseroe S)'Btem. Any ,uch .um
sl'ould be considered in the dctc:rminmicm of interest payments.
e
(d) Mult1-famiJy DwelJing.ln tbe"""" of adisplaccd bomeownerwho
is ~ 10 lIlO1/e from a one-family onIt of a multi-family building
which be owns, tbe replacement boo~ paymenl .balI be based 00 tbe
cost of a comparable one-family unit in a. multi-family building of ap.-
prox.imately the same density oriftbat is not available in a building ofthc
next leu density, or, if a comparable one-family unit in such a multi-fa-
mily building i. DOt .available, the cost of all otberwiac: comparable sing.
1e-family Slnl<:tIu<.
(e) Owner Retention.
(1) If a displaced homeowner elects to retain, move, and occupy his
dwelling, the BmOUm payable underthis section is thedifference between
the acquisition price of the acquired property and the sum oftbe moving
and restoration expenses, the cost of com:cting decent, safe,llIld sanit.ary
defidencics., i( any. and the actual purchase priccof a compamblc reloca-
tion site. A public entity may limit the payment made under this subsec.
tion to the amount of the replacement housing payment for which the
homeowner would otherwise be eligible.
(2) The payment shalloot exceed $22.500.
(0 Provisional Payment Pendinc Condemnation.
If the o:.lClBInOUPt of a replaccme:at housing paymenL cannot be dcter~
mined because of II. pending condemnatiOll suit. the public entity con-
cerned may make a provisional replacemeDl bousiDg payment to the di$-
placed homeowner equal to the difference between the public entity's
maximum offer for the property and the reasonable cost of a comparable
n:placement dwelling. but only if the homeowner enters into an agxee_
mcnt that upon final adjudication of the condemnation suit the replace-
ment housing paymcm will be recomputed on the baJis ofthc acquisition
price determined by the court. If the acquisition price as dctc::rmined by
the court is grcaIer than the: maximum offer upon which lhe provisional
replacement housing payment is based, the difference will be refunded
by the homeowner 10 the public entity. If the acquisition price as deter.
mined by the court is less than the m~imum offer upon which the provi~
sienal replaccmeut nousing paymcntis based, the difference will be paid
10 the homeowner.
(&) Leaae of Condominium. For the purposes ofthi. section, tbe leas.
ing of. condominium for . 99-year period., or far a Ieml whicb exc:ecdl
!be life expe<:WlCy of the displaced penon as delerntinod by the most re-
cent life lBbles in Vital Statistics oftbe United SWes. as published by the
Public Hcalth Service oftbe DepalUnent ofHealtb, Education and Wel-
fare, sbBlJ be deemad a p_ of the condomiDi_
Ncmc A_I)' -= s.a;... S046O,!Ieallh'" Salaly Code. Reference, Sa:-
aim 726!, Gova1lmcut. Code.
lIIsToJty
1. Amondmentofsubsactioo. (aXI) omd (0)(4) and new NOTE6led "'l~: ap-
enJjve 9-11-97 (RceiIIcr97, No. 33).
2. Ameltdmenl ofsubRctioa (e)(2.) fUcd 1~7-99;.opcmi\IC 11-6-99 ~
99. No. 41).
i 6104. Replacement Houal"ll Payments for Tenants_
certain Oth....
(0) Clenr:lol. A public enUty sba1I maka to adiaplacad peraon who!Ullis-
lies theeligibility requi=nenls of section 6084 and the conditiDOS ofoul>-
section (b) below, a paymmt nca to exceed SS,2S0 for eilber:
(1) An amount, computed in acconlaDce with paragraph (d)(l) oftbia
sccrion, DC:CeSSE)" to enable such pe:racm to lease or real a replacement
dwelling for a period DOl 10 exceed 421D01111u2; or
(2) An 1lmOUD~ compwad in acconlance with paragraph (d)(2) of thi.
section, m:ccssary to enable auclt pcrIOI'I to make I doWDJl8)'IllCDt on the
purchase of a replacemenl dwe1ling (incloding ;"";.....,1 c:penses do-
ac:ribed in sectioo 6102).
(b) EJi&iblIily Cooditiona.
A displaced per1OI1 is eligible for the pa~ apecified in subaectioo
(a) ifbe salisli.. the foUowing conditiOllS:
(I) Has occupied the dwelling from wbich be i. di.plBCed for a period
of DOt leas than 90 days prior to the iniriatioo of negotiatioo for 1lCQIIisi_
tion of such dwcUiug.
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(2) Is not eligible to r=ive a replm:ement bousing payment for h0me-
owners under seaion 6102 or elects DOt to IeCeive such payment Where
the, displaced pc:rscm is the owner-occupant of the dwelling, the payment
made: under paragraph 6104(a)(2) shall Dot exceed the amount of pay~
ment to which the pclIG1I would be eligible under section 6102.
(3) Whenever a payment lDlder subsec1ion (a)(2) is sought !he dis-
placed person shsll within one year from the date of displacement pur-
chase and occupy a replacement dwelling.
(c) The provisions in subsection 61.D2(b) for modifying the conditions
of eligibility also apply 10 this section.
(d) Computation of PaymeDL
(1) Rentals.. fucept for projects commenced prior to January 1. 1998
(see footnotes I and 2) the amount of payment necessary to lease or rent
a comparable replacement dwelling. under subsection (a)(1). shall be
computed by subtracting 42 times the base monthly rental of !.he dis-
placed person (as delcrmincd in accordance with this subsection), from
42 times the monthly renLal for a comparable replacement dwelling (as
determined 1n ICCOrQ;BIlCC with this subsection): Provided, thBl in no case
may such amount exceed the difference between 42 times, the base
monthly rental 1.5 determined in accordance with this subsection and 42
time& me monthly rental actually required for the replacement dwelling
occupied by the displaced person.
(A) Base Monthly Remal. TIle base monthly rental shall be the lesser
of the average monthly rental paid by the displaced person for the
3-monlh period prioTlo initiation ofnegotialjo~s or 30 percent of the dis-
placed person's average monthly income. (See subsection 6008(1).)
Where the displaced penon was the owner Qf the dwelling from which
be was displaced or was nOl n:quiTCd to pay rent forlhaldwe.11ing, the ec0-
nomic rem (see subsection 6008(h)) shall be used in lieu of the average
monthly rental to calculalt base monthly mltaI.
(B) Comparable Rental. The monthly rental for a comparable replace-
ment dwelling shall be the amount of rent determined by the public entity
by one of the methods described in paragraph 6102(c)(1), considering
rc:nta1 charges instead of listing price or acquisition CoaL
(e) 'Whichever method is sel~ the cost. shall be updated to within
three months of the date of rental of the replacement dwelling.
(2) DownpaymonL The downpaymont for wbieb a payment specifIed
under paragraph (a)(2) of this section may be made, sbslJ not exceed !he
amount of a reasonable downpzyment for the purchase of a comparable
replacement dwelling whertsucb pun;hue is financed, plus C1pcnsesin-
cidcnt 1.0 the purchase orareplacemc:ntdwelling computed in accordance
with Section 6102. The full amounl of a downpaymenl under this section
shall be applied 10 the purchase of the replacement dwelling and shall be
shown on the: closing statement or other document acceptable to the pub-
liccntity.
(e) Rental Payments fer Displaced Owners and Dependents.
(1) Owners. A displaced owner who elects to mJt ratber than purchase
a replacement dwelling and who mcc:ts the eligibIlity conditions speci_
fied in subsection (b) is eligrble for the payment specified in paragraph
(a)(l).
(2) Dependents. A dependent who is residing sepanue BDd apart from
the penon or family prnvidin& support. whether such scpBIBte residence
is pe:rma:ncnt OT lcmpontl')'. Iha1I be entitled to payment under this sec.
tion, but such paymcn1 shall be limited tothe period during which tbedis-
placed dependent resides in the rep1al:emem dwelling. At the time the
displaced dependent vacates that dwelling, on fortherJlllymem underlbis
&CCtion shall be made to .uc:h penon. For the purposes of this paragraph
a 'dcpen.clcnt' aball be a person who derives fifty-onc: pc:rccnt or men or
his iDCOme in the form of gifts from any priV81c person or any academic
scholan.hip or stipcncl. Full-time smdcnts .hall be presumed to be depen.-
dents but may rebot this presumption by demonslIllting that fifty _
or mar. of their ;m:ome iJ derived from _ other than gifb from
BDotller private penon or academie scholarships or stipcndr..
Dependems residing with !he family of wbieb !hey are a part shall.at
be entit1c:d to any payment c:x.ccpl as a part of the family.
(f) DisbUIscment Except where specifu:slly provided olhetwiae, !he
public entity shall have !he authority to disbtlne payments undertbis set-
tion in a lump sum, monthly or 81 other intervals acceptable to the dis-
placed person.
2Fof those who, pursumt to the c:ritma lei. fDrth m GoYCnlJllc:Dt Code section
7260(i)(3)(A) through (1), would bave qualifial as a "clisplalzd penon" prier to
Janury 1, 199R.bencf"1ts shall beprovided for4Bmorubsprovidcd IheYOoIlOl.e1.
cccd SS.2SQ.
NOTE.; Authority cited: Section 50460, HcaJth IIZld SaIc::ty Code. Rcfcn:nc:e: Sec-
tions 7260(1) and 7264. Govcmm:nl Code..
HtSTOllY
l. Amendment of subsections Ca), (a)(2), (d)(l), (dXl){A) IDd (d)(2) and new
NOTEfi1ed 8-12-97; operative 9-11-97 (hgister97, ND. 33).
2. Amendment Df subsection (aXl) and (dXl)-(d)(lXA) rued 10-7-99; operative
l1-6-99 CReliJtc:r99. No.4)).
1 6106. ProrBtion of PBymemL
For tJu: purpose of calculating an ahcmale payment under section
6098 or a replacement ho~sing paymenl under section 6102 or 6.104, two
or more individuals (wbelherthey are membe:r1 orone family or not) ljv-
ing lOgether in and displaced from a single dwelling shall be regarded as
one penon.
Where a tenant i5 sharing 8 single-family dwelling with an owncr-QC-
cupant. and paying the owner--occupanl rent for the privilege, the tc:nant
shall nol be entiLled to more than ono-half oftherentaI supplement other-
wise payable. 'The owner-occupant shall nOl be required la-share the pay_
ment to which he is entitled or accept. a prota1ed amount.
Htsro.Y
I, Amendment f1led l1->76 as an eme::rgc:DCY; designated effective ll-27-76
(Rcpsaer76. No. 44).
2.O::rtifi~orCompliance rUed 2-16-77 (Rqistcr77, No. S),
16108. Condition of ReplBcemem Owelllng,
(a) When a displaced penon qualifies for a replacemenl housing pay_
ment (under section 6102. or 6104) by pun:hasing or mnting a replace-
ment dwelling. the unit.. as a genc:ra1 rule, must be decent. safe end sani-
tary. There are tllree exceptiODL ODe is dc:s<:nbed in _b
6040(.)(6). The others ...:
(l) If the purcbue of aoeb a dwellinl: is the n:suIt of the public entiry' s
failure to identify a 1C8SOIlable no.mbe:r of comparable rcplllCClllCM
dwellings as required or if !he dwelling is one to wbieb !he penon was
refened by the public entity ,!he eondition of !he dweliing does not affect
eligibility for II. replacement housing paymc:m.
(2) If the purchase of such a dwelling is nOl the result of a public enti-
ty's refeml or failure to refer, !he otbenriae eligible penon qualifIes for
l replacement housing payment. if the uail is brought into compliance
with the decent.. safe and saniLBry standard. In this simation payment &baIl
be limil:d to the amount that woulcl be provided in connection with the
purchase ofa similar, comparable replacement dwelling or the sum oftbe
acmal costs of acquisition (illcluding related expenses) and rehabilita-
tion. whicheyer is leu.
(b) A public entity shall not induce or enaJUlBBe a displaned penloo to
aoquin: a dwelling whicb docs not satisfy the comparable ""Placement
bousing standard. (See section 6008(c).)
16110. Certlfll:lBle of Eligibility.
Upon regoest by. displaced homeownerorteDBDt wbnbas not yet pur_
ebaacxI and occupied a "'Plocemem dwelling. bm...be Is olbcrwiae eligi-
ble for II. replacement housing payment, the publieenlity concemod shall
certify to BDy interested party, fioaoeial instibJtion, or lending agency,
that the displaced homeowner or tenant will be eligtole for the payment.
of a specific sum if he purchases and occupies a. dwelling within the lime
Jimiu prescnDed.
16'12. ManLllBctured Home. and Mobllehomea,
(.) General. A manufacb1Ted home or mobilebnme is a dwelling. (See
subsecdon 6008(g).) A poncm displaced from . manufactured borne or
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RDA Resolution No. 2003-1840
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Department or Housing and Conummity nemopmem Programs
i 6124
e
mobilchome mU!t satisfy. !be same eliBibiJity requiromentJ and must be
provided the same assistanee., assurance and payments as a perIOD Qis.
placed from a convmtional dwelliIJ&.
(b) Moving Expenses. If 8 mmu!actl1n:d home or mobild1ome is
movr;d to BDOthcr site, the displaced pe:BOn shall be compensated for
moving expenses in accordanCe with sections 6090 and 6092. The provi.
sions of Ulese sections which generally apply only to businesses and
farms shall also apply to displaced penons who move a manufactUred
home or mcbilchomc.
(e) Replacement Housing Payments.
(1) A person who owns a manufactured home or mobilehome and site
and as 81'q)tacemenl purchases both a dwelling and site shall be provided
a replacement housing payment in accordance with section 6102. A per-
son who owns a manufactun:d home or mobilehome and site, and as a re-
placement rents both a dwelling and she, shall be provided a payment in
accordance with section 6104.
(2) A person who :renLS 8 manufactured home or mobiJehome and siLe,
and as a replacement tents or purchases a dwelling and she, shall be pr0.-
vided a payment in accordance with section 6104.
(3) A person woo owns a manufactured home or mobilehome and she.
and IUi a replacement purchases a dwcnin& and rents a site, shall be ~
vidcd a payment in accordance with sections 6102 and 6104. 'The pay-
ment shall be limited to lhe Jesser of:
(A) The amount necessary 1.0 purchase. conventional comparable re-
placement manufactwed home and mobilchome; or
(B) The amount necessary 1.0 purchase a replacement manufacwrcd
home or mobilehome (in accordance with section 6102) plus the amount
neccssuy to rent a replacement site (in accordance with section 6104).
In calculating this amount.. the cconomicrent forthe site shall be used in
lieu of average monthly rental 1.0 determine the base monthly rental (as
pro.;ded in paragraph 6104(d)(l)).
(4) A person who owns a site from which he moves a manufactured
home or mobilehome sball be provided a replacement housing payment
under section 6102 if be purchases a replacement site and under section
6104 if he rentS a replacement she..
(5) A person woo owns a manufacmn:d home or mobilc:home which
is acquired and rentS the site &ball be provided paymcm as follows:
(A) If a manufac:tured home or mobOehomc, u appropriate., is not
1IY8l1able the amouDt required 10 purchase a conventionaJ replacement
dwelling (in accordance wilh scctiO<l 6102):
(B) The amount necessary to pun:hase a replacement manuf_
hom< or mobilchome (in accordance wilh scction6102) plus !he amount
IlCCCSSIU)' to le,ase. rent or make a downpaymcnt on a replaccmc:nt site (in. '
ac:cordana: wilh scction6l04): or
(e) If he 01= to ,.., . replacement manufactured home or mobile-
home and site. the amount required to do so in accordance with lCCtion
61 04. In calcnlating thi.o paymen~ the average moodtly =ta1 shall equal
the ecoDomicJ'Ct1t forthe manufacDJrcd bome ormobilebome plus the IC-
tual rent for Ibt lite.
(6) Similar principles shaIl be applied to other pam"ble combinBtiODS
of owner&hip and tenancy upon which a claim for payment might be
baaed.
Nom AUlhorily ciled: Section S046O, Iloolth ami SBfety Code. RdorcJIa:: See-
bDDS'.t80071Dd 1800&, Health ad Safety Cock.
lllsTolty
1. Amcndmentof scctiCII andnz:w NOTEfilcd &-J2.-97; opcnItivc9-11-97 (RqiJ.
ter 97. No, 33).
e
e
t 61111. Allected Properly.
(aJ In addition to !he payments requinod by Section 7262 of the Act (lee
sectioos 6090, 6092, 6094, 6096. 6098 and 61 00), asa cost of ocquiBition,
the puhlie entity shall make a payment to any alfec:le<l property owner
I mcetina the: req~ of this sectio:n.
(b) Such alfec:le<l property is immediately contiJUOIlS to propetty ac.
quired for airport plfPOlCS and 1be owner &hall bave'Owned 1he property
Ilffectod by acquisition by !be puhlic eotity not less than 180 days prior
to lhe initiation of negotiation for ocquisitiO<l of the acquiJed propony.
(c) Such payment. not to exceed fifteeo thollSand doll.,. (S22,5OO),
shaIl be!heamonnl., if lIty, wltich equals!beactll8! docIine in !befairmar-
ket value oflhe propetty of !be affected propetty oWUCS"C8IlScd by !be ac.
quisition by the public entity for aitport purposes of other real property
and a change in the use of sucb property. .
(d) The amoun~ if any, of actual dec1ine in fair mmIcet Yalue of sf-
fecu:d property shaIl he detmnined aa:OnIing to rules and rqulotiOllS
adopted by the public entity. Such rules IDd regulations shall limit pay.
me:nt under this section only to such circumstances in which the decline
in fair market value of affected property is reasonably related toobjcctivc
physical change in !be use of acquinod property.
(e) "Affected propcny" means any real property which actually de~ .
clines in fair market value because of acquisition by a public entity for
public use of other real propeny and a chanse in the use of the real proper.
ty acquired by !be public entity.
HISTORY
1. Amendmenl of subsection (e) filed 10-7-99; opc:ralivc. 11-6-99 (Rqister 99.
No.4}),
Article 4. Last Resort Housing
t 6120. PurpoR.
The purpooe of Ibis port is to Bet forth the criteria and prooedur<s for
assuring that if the action Dr a public entity results. or will result ill: dis-
placement.. and comparable ~lacemcnt bousing will DOt be available as
needed. the public entity shall use its funds or funds authoriu:d. for the
project to provide such housing.
f 6122. Determination of Need tor Last Resort Housing.
If on the basis of data derived from surveys and analyses which satisfy
the requirements of sections 6048 and 6052, the public entity is unable
to demonstrate thai. comparable replacement housiDJ will be available as
required. the head of the publie entity shall del.ennine wh=tbcr to use the
puhlic andty's funds or the funds aulhorized for the I"'!iect to proyjde
such nccesury replaccmcm. housing or to modify, :suspend or tcrmina1c
the. project. or undcrW:ing.
f 6t 24. Development of Replecement Houalng Plan.
(a) G=1eral.
(J) Following !he dettrminotiDll putSnoDt to section 6122, !be bead of
lhe diiplacina public entity slulll deYelop or CIIllIe to be deYelopod a ...
placement hollSingplan to produce allUllicieot ll1IIDbcrof comporoble...
placemc:nl dweI1illgl. The plan shaIl specify bow, when and where the
houling will be provided, how it wsll be finaDood and Ihe amount offunds
to be dive:necl to such hDusin&. the prices at wbich it will be rented. or sold
to !he families sod individuals to be displaced, the anangements for
housing management and social _ Ii appropriare, !be suilabi!ity
of the loc:otion aod environmental impact of the proposed housing. tbe
arrangcmeDa for maintaining rem. levels apprapriale for the penKlIRI to
be rehouoed, and the disposidon of proceeds from IeDtal. sale. or ..we
of loch bousing. If a rcfcJcndum requi%cmcnl. or zonin& pn::sents an o~
stBCle.. the issue shall be addreued.
(2) All contraCts sod iUbeootnu:ts for the cona1l'UCtion, rehohililllliOtl
ormanagcment oflul t:IOlt houiin& shall be let wilhout tfi_DIl
u lO race. sex.. maritallla111S., color. religi.0Il, natiOD8l origiD. ancestry or
othtt arbitrary circumstance: and pmwmt to lID affirmative actioo pr0-
gram. The public entity shall eocouroae participation by minority per.
llOIlS in 011 levels of cotUItruction, rehohilillllioo, plaonio&, finlmcin& sod
"""8'""""" oflut 1CSOM booIing. Wheo the housing will be 1o::ated in
lit m:ll of minority cooc:ernration, the public entity shall seck to =
significant participation of minoritiel in tbcse activities.. The public tDt.i.
ty sholJ requUc llmt, to !be _ .......-le. oppammities fortntin-
ing and cmploymem orisins in COlIDCCtiOll with !be plaonio&, ooomuc.
tion, rehohilillllion, and opemiOll of I... mort houiing be given to
pcncms oIlow income residing iD the ara of suc:h housing and shall de-
termine and implcmem. means to secure the panic:ipaticm of small busi.
DCIICI in the: ~fuuu_ of ccmlnltlS for such work...
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TIlle 25
--.,
(b) CitizeD PIUlic:ip.,ticm.
(1) If the need for last resort hoosing exceeds 2.l mDts, the head of the
displacing pobnc eotity shall establish a committee which will coo,uIt
with and provide advice and assisWlce 10 the displacing public entity in
the development of the plan. 1be committee should include appointed
represenwi ves of the displacing entity md &tate and local agenciel
knowledgeable regarding housing in the 8JQ, including but not limited
to the local housing authority and the central relocation agency, if any.
In addition, the commincc should include TCpre~VCS of other eppro-
pri8le public groups (for example, local and lDUwide planning agencies)
and private groups knowledgeable regarding housing and the problems
of housing discrimination.
(2) The committee shall include representatives of the residents to be
displaced.. These representatives may be appointed by the displacing en-
tity or elected by the residents, as the residents wish. Resident representa-
tives shall, at B minimum, constitute one-lhird ofthc commiu.ee member-
ship. Votes shall be aUocatcd SO that the total yotes of resident
representatives shall equal on~-half of th~ total vOleS of the commince
membership.
(3) The plan must be approYed by the vote of a simple majority of the
commiuce membership. In the event the committee fails t.o approve the
plan, the l~ governing body or, where the displacing entit)' is a state
agency, the head of the state agency may substitute its appioval.
(c) Consultation with Other Housing Agencies and Organizations.
The head of the displacing public entity may consult f.1r contract with
the department. a local housing authority, or other agency or organization
having experience in the adminiSl:nloon or conduct of housing programs
to provide teehnical assistance and advice in the devdopment of the re.
placement housing plan.
t 6' 26. Submission of Plsn lor Comment
The head of the displacing public entit)' ahaI] submit the plan and all
significant amendmenu to I.be local housing and planning agencies for
COmment and to assure tha1 the pian accurucly reflects housing condi~
lions and needs in the relocation area. Reviewing agencies shall have 30
calendar days foDowing rc:ccipt of the plan to prepart their comment&.
Cop~es of all comments received shall be forwarded to the. committee and
available lO all intc:rcstcd pcrscms..
GcneraJ. notice of the plao shall be provided.. Notice shall be designed
to reach the lUidents ofEbe relocation area:; it shall be in accordance with
the provi,loos of pangnph 6046(a)[3) and sobsection 6046[b); and it
shall be provided 30 days prior to submission to the committee. or the lo-
cal govcmiog body or head of SlllIC agency for approval
NO'I'E: AUIbority cited; Sec:liCll1 5046D, He8l1h BDd Safety Code. Rderence: Sec.
ti... 72605(a)[5) arocI 7264.5, Govcmmeat Code.
IlIsroRY
1. Amendment offirm pamaraphand IlCW NOlEfilcd 8-12-91; opc:I1Itive 9-11-97
(Register 97, No. 33).
t 6'28. Determination by OJ.placlng Public Entliy 01
Feasibility ana Compliance.
Upon receipt and amsidemion orlbe comments, the displacing public
entity shalJ determme wbcthcr or not:
[a) The pIIn is fe..ible.
(b) The plan complies wilh applicahJe environmeotal _ and
proc:edures.
(c) The plan is compabDle with the local general plan and housing de-
ment and the areawide bouling pbm or strm:cgy.
If any of the above determinations by the displacing public entity is
negative the msplacing public emity shan ~ the plan as neceESary.
Subsrantial modificatiOllS in the plan ,hall be submitted for ",view and
COJllDJeot as provided in sectioo 6126. If necessary far timely implemen-
tatiOll of the plan or executioo of the project, the head of the displacing
public entity may shorten the time allowec:t in sectioo 6126 for review of
modificatiOn&.
f 613D. Implementation oltne Replscement HousIng Plen.
Upon makiog the determinations rcquimd by aeclioo 6128, the head
of the displacing entity may expend funds and take such other actions as
necessary to provide, TChabilitate. or construCt replacement hoUSing pur_
suant 10 the approved replacemenl housing plan through methods includ~
iDg but not limited to the following:
(a) Tnnsfcr of funds to state and local housing agencies.
. (b) Contract with organizations experienced in the development of
housing.
(c) Direct construction by displacing public entity.
Whenever practicable.. the. bead of the displacing public entity should
utilize the services of federal, stale, or local housing agencies., or other
agencies having experience in the. administration or conduct of similar
housing programs.
t 6'32. Housing Proauctlon.
The head of the. displacing public entity shall monitor the production
of the last resort housing 10 ensure that it is. in ac:cordancc with the plan.
t 51 34. Jointly Sponsorea Development.
Where s.everal agencies are administering programs resulting ill resi~
dcntial displacement., opportunities shall be sought forjoint development
and fmancing 10 aggregate resources in order moSl efficiently 10 provide
replacement housing in sufficient quantity to -satisfy tbe aggregate needs
of such progrmns.
f 6136. Last Resort Housing In Lieu of Payments.
A public entity shall nol require Bdisplaced person to acceptadwelling
provided pursuant to this Article in lieu oftbe displaced person's acquisi-
tion payment., if any. for the real property from which he is. displaced or
the relocation payments for which be may be eligible.
I 6'38. Conformity wIth the Act ena Other Statutes,
PolicieB end Procedures.
(a) Civil Rights and Other ActS. The administratitXl of this Anicle shall
be in accord with the provisions of all applicable federal end swe not1-
discrlminaticm laws and regulations issued pursUlnt thereto.
(b) Dwelling and Relocation StandartIs. Detcnninations made pur.
,uanllO section 6122 and any plan developed and implemented for pm-
vidinE n:placemern housing and all such housing provided Ihcrcunder
shall be in conformit)' with the standards CItIblisbed in 1he Act and
Guidelines.
Nanc Aa1hcrill' cilcd, Section 5046O.lleallh aod Safety Code. _"', Sco.
oem 7260.5(c)(4). Govc:mrncDt Code..
HIsToRY
1. Amend.mcnlofaubsectirm (a) and aew NOTE fi1cd 8-12-97; opetIl!ivc 9-11-!l'7
(RqWc< 97, No. 33).
t 6'39. Lest Resort Housing.
(a) Wbcnc:vc:r compan.b1e replacement dwc11inp are not available.. or
are not neill!lble within the monetary limits Gf Govemment. Code sec-
tiOllS 7263 and 7264, as appropri.... the displacing ......" shaIJ provide
additional or alternative assistaDce under the provisions of this part.
(b) The Dldbods of providing serhu"",,",-t bauBiDg of last resort iu.
elude, but are Dot limited w:
(I) A replacement housing payment calcu1alcd in acamlan", with the
provisions of sections 6102 or 6104, as appropriate.. CVCI1 if the calaJ1..
lion is in excess af the mone.uuy limits of GoVemmcat Code. aecti.ons
7263 and 7264. A TClltalas,i,tance payment UDderthis part ,haD be paid
10 the displaced person in a lump 'llJI1, or at the _on of the displac-
in! agency, S5.250 shall be paid to the dispJaced person in a lump sum
upon di'placement and the remainder of the paym.... shaIJ be paid to the
di.placee in periodic payments ovcr a period tlOllO w:ecd 42 months un-
les. othcrwUe specified by StalUle..
[2) M.jorrehabilitation of and/or additions 10 an existiog ~scemcnt
dwelJjng in a 'lUll equal to or 8TCl\lCr thsn the payment 10 which the di.-
placed penon it: entitled uader ..hsection (b)[I).
(3) The consuuclicm of a new replacemc:ot dwelling ill I. sum. equal to
or greater than the paymem to which ~ diJp1ace:d pcn.on is cmitled un.
der ,ubsection [b)(I) of this __
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RDA Resolution No. 2003-1840
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TItle 25
Department or Housing and Commnnity Development Programs
i 6158
(4) Tbe reloCation and. if neceuary. rehabilitation of a dwelling.
(5) The purchase orland aneilor a replacement dwelling by tbt di.plac-
ing ag:cncy and subsequent sale or leasc.lel or exchange witb a displaced
person.
(6) Forpmposes ofaccommodatiug the ncecis ofhandic:apped persons,
tbt removal of ~er"'o the handicapped.
(c) Only at tbe diSCRtion of displacing agencies are post-acquisition
tenants entitled lO last resort housing payments. .
NOTE: Authority cited: Section 50460. !ic8Jlb IIDd Safcty Code. Ref=nce: Sec:.
lions 7263, 7264 IIJId 7264..5, Govcnuncnl Coc:Ie.
HlS10RY
1. New smien filed 8-12-97; operative 9-11-97 (Register 97. No. 33).
2. Amendment of subsc:c:tion (b)(l) filed. 10-7-99; operative ll-6--99 (Re:fistCl"
'99. No.4l).
Article 5. Grievance Procedures
;~-
1~6150. PUrpO".
- The purpose of this article is to sel fotth guidelines for processing ap.-
peals from public entity determinations as to eligibility I the amount of
paymcnt,.and for processing appeals from personl aggrieved by I publiC
entity's failure to refer them to comparable pcnnment or adequate tem-
porary replacement housing. Public entities shall establish procedures '0
implement the provisions of this Aniele.
16152. Right 01 Review.
(a) Any complainant, that is an)' periOD who believes himself ag-
grieved by a delennination as to eligibility, the amount ofpaymc:nt, the
failure of the public: enot)' to provide comparable permanent or adequate
temporary ~p)lCCmenl housing or the public entity's propeny manage-
menl practices may, at his election. have his claim reviewed and recoo.
. sidercd by the head of the public.entit)' or an authorized designee (other
than the penon who made the determination in question) in accordance
wilb the proced....s setlorth in lhis onicle, as supplemented by the pr0ce-
dures the public: entity shall cstablish for such review and n::aiD.side:ra-
lion.
(b) A penoo or organiZlltioo directly a1feaod by tbt rdocalion pion
may petition the department to review the final relocation plll1 ola public
entity to detcnnine if me plBll is in comp1ianc:e with state laws and guide-
lines or review the implemc:Dtatioo of a Tdocation plan to dctctmi.ne if the
public entity is acting in compliance with its rel OCItion plan. Review un--
dcnaken by the deparuoent under this section .hall be in ICCOfdancc with
the provisions of sectioos 6] 58 and may be informal. BelOTe conducting
an investigation, the Department should anempl to consnn disputes be~
tWCCDparties..
Failure 10 petition the depmtment shall notlimil a complainmn' Ii right
UJ seck judicial review.
(c) If a lCIocalioo appeals board has b=n estahlished pursuant to Sec.
tion 33417.s of the Heallb and Safely Code, a city by ordinance may de$-
isnate the hoard to hear appeal. from local public entities which do _
have an appeal process. In the abecnee of.uch an ordinance. public euti-
tics shall establish proc:eduros to implement tbt provisi... oflbis Article.
N""" Autlu:ri<y ciled: _ S046Q, He.oIth and Sat..,. CocIc.IleI......: Soc-
tioJI7266, Ca........-1iI Code.
IlJs70RY
1. Am::DdmcDt ofsublccLion (b) aDd. new Nom filed 8-12-97; op::rmvc 9-1 1-97
Qleria=97, No. 33).
16154. NotlliC8tion to COmpi.inanl.
lithe public entity ddiiei orrefuses to considcraclaUn. the publi<:euti-
ty's noti6catiOltlO the ~ainaut otits dctcrmi.naticm shall inform the
complaiDllittofiu reasons aDd the a.pplicable procedures for obtBiningre..
view oftbc decision. Ifncc:cssary, such notification shall be: priIIled in a
Ianguag< other than Eoglisb in accordance with section 6046.
1
16156. Stapel 01 ReviBW by. Public Entity.
(a) R.cqaest for Further Written Information. A complainant may rc--
quest the public entity 10 provide him with a full wriUCII cxplanBlion of
Pa&e 276.1
i" detemtination and the basis _, if be feel. that the explanation
accompanying tbc payment oftbe claim OTDotice of the entity's determi~
nation was ineOrrect or inadequare. The publie mtity shall provide such
an explanation 10 the complainant within three wc:eo of its receipt afbis
-
(b) Informal Oral Presentation. A complainant may request on infor-
mal oral presentation befCllO seeking formal teview and =<>llsideration.
A request for an informal cnl presentation shall be filed within the period
described in subsection (d) of this section. and within IS days of the re-
quest the public entity shall afford the complainant the opponunity to
make snch presentation. 1be complainant may be represented by an at-
torney orother person of his choosing. This oral presentation shall enable
the complainant to discuss the claim with the head of the public entity or
a designee (other than the person who made the initial dctcnnination)
having authority \0 revise the initial dctcnniDation 011 the claim. The pub-
lic entity shall make a summary of the matters discussed in the oral pre~
sentation to be included as part orits rue. Tbe right to formal review and.
rcamsideration shall DOt be conditioned upon rcquesling Bn oral pt'CBCD-
tation.
(e) Written Request for Review and Reconsideration. At any time
within the period dc&cribcd in subsection (d) a complainm may me a
wntlerl request for fonnat review and reconsideration. The complainant.
may include in the rcqUCJl for review 'an)' &lalemcn1 of flel within the
complainant's knowledge Dr belief or other material which may byc a
bearing on the appeal. 1f the complainant requests more time to g81her
and prepare additional material for consideration or review and dcmon-
StnIlCS a reasonahle basis therefor. the complainant's requcs1 should be
gnmtod.
(d) Time Umil for Requesting Review. A complainant desiring either
an informal oral presentation or seeking a formal nwiew and. reconsidera-
lion shall make a requcst to the public entity within eighteen months fo)-
lowing the da1e he moves from the property or tbt da1e he receive. final
compensation for the property. whichever is JaLer.
t 6158. Formal Rev.w and Reconalderatlon by the pubnc
Entity,
(a) Gencnil. The public entity shall amsidertherequeat for review and
shall decide whether a modification of its initial cIetemtination is ncees-
sary. Thi. review shall be condueIed by the head of the publie entity or
on autborized. impanial designee. (The desipee may be a eommiltee).
A designee shall have the authority to mise tbt initial detemJinaIion or
tbt delcrmination of a proviou. onI1prosentation. The public entity shall
consider every aggrieved persotI.. complaint teprdless of:form, and
sball, if necessary provide usisnmce to the claimant ill preparing the
written claim. Wbeu a claimant JCCb te'Vicw, the public eutity Ihal1 m-
form him that he has the right to be rcpte&esIted by on attomey. to prnacnl
hi. case by oral or dot:umenwy evidence, to submit tebDltal evidence,
to conduct such o"os&-u....imnion as may be required for a fun and true
diaclosure of facts, and to Jeekjudicial review once be has exbauated ad-
ministralive appeal
(b) Scope of Review . The publie enlity shaIJ review and teeoIIIider ;"
initial detemWtation of1he claimant's.... in light of:
(l) All mau:rial upoo which the pub1ic llIeDC)' bued;" original tIeler.
mination incJudinj: all applicable rules and nogullllions, eltCe)lt that DO ev-
idence.halI be rclied upoo where a c:laimanthas b=n impmpcrly deoiDcI
an opponunity to comrovcrt the evidcDce IX' W. -"'~'l!ine tbe witDesL
(2) The teUOIlS given by theclaimaotfarrcquesting miew andJeCOll-
sideration of the cIllim.
(3) Any additional wrinon or relevam documennuy JJWerial submilled
by the claimaoL
(4) Any further information which the public enSity in i" discrelioo,
ohlllins by requ.... inYes1iglllioo, or =ch, 10 ensure fair and full le-
view of the claim.
( c) DetcrminBtiost 011 Review by PnbIic Entity.
(]) The _on on teview by tbt publie entity shaIJ include, but
is nollimited to:
(A) Tbc public entity's clccilion CD rcamsidcraliDD oflbe claim.
/ -
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RDA Resolution No. 2003-1840
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i 6160
BARCLAYS CALIFORNIA CODE OF REGULATIONS
nue 25
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(B) The facroal and lego) basis upOll which the decision rests, includ.
ing any pcr1incnt explanation or rationale.
(C) A statement to the claimant of the right to further administIative
appeal, if the public entity has such an appeal structuJe, or if not, a state-
ment to me claimant thll administrative remedies have been exhausted
and judicial review may be sought.
(2) The detemrlnation sball be in writing with . copy provided 10 the
claimant
(d) TIme Umil&.
(l) The public entity shall issue its determination of review as soon as
possible but no later than 6 weeks from receiPt. of the last ma1C'ial sub-
mitted for consideration by the claimant of the date of the hearing. which-
ever is later.
(2) In the case of complaints dismissed for untimeliness or for any Olb.
crreason not based OD"the merits ofthec1aim,. the public entity shall fur.
nish a written statement to the claimant stating the reason for the dismiss-
al of the claim as soon as possible but no lalcr thBl1 2 weeks from receipt.
of the lasl material submiued by the clainumt or Lhe date of the hearing,
whichever is later.
t 6160. Refusals to Waive Time Umitatian.
Whenever a public entity rejects a request by a claimant far a waiver
of the time limits PJ:Ovidcd in section 6088. a claimanr. may file a wrluen
request for review of this decision in accordance with the procedures set
forth in sections 6156 and 6158, except that such written request for re-
view shall be tiled within 90 days of the claimant's receipt of the public
entity's determination.
f 6162.. Extension of Time Limits.
The time limits specified in Section 6156 may be extended for good
cause by the public entity.
f 6164. Recommendlltion8 by Third Party.
Upon agTCCmenl between the: clainwrt and the public entity. a mutual-
ly acceptable third party or parties may review lhe claim and make advi-
sory recommendations thc:rcon to the head of the public entity forits final
determination. In reviewing the claim and malting m::ommcnclatiom to
<he public cntily, the thUd party or parti.. shall be guided by the provi_
sions of this Anicie.
Exc:epllO the extent the confidentiality of material is protcc:tcd by law
or its di$cloSLR is prohjbited by law, a public entity shall permit the
claimant to inspect all files and fllCOfds bearing upon his claim or the
prosecution of tbe claimant's grievance. If a claimant is improperly de-
nied access to any relevant ma1eria1 bearing on the claim, such material
may DOt be relied upoJI in reviewing the initial determination.
f 6166. Review of FUes by Claimant.
Except to the extent the confidentiality of material is prot.ec:ted by Jaw
or its disclosure is prohibited by law, a public entity shall permit the
claimanl to inspect all fiI.. msd reconls bearing IIpOIl his claim or the
prosecution of the claimant's grievance. If I. clBimam is improperly do-
tried acc:ess to an)' relevant ma1erlal bearing on the claim. such material
may not be relied upon in reviewing the initial. dclcrmination.
f 6168. Effect of Determination on other Peraons.
The principles established in all determinations by. public entity shall
be considered as precedent for all eligible pasons in similar siblatioos
regardless of whether or not a person has filed II written request for re-
view. All written determinations shall be kept 011 file and availablL!: for
public revicw.
U170. Righl to Counsal.
Any aggrieved pany has . rigl11 to representation by legal i:Jr other
counsel at his expense at any and all $tAges of the proccc:dings set forth
in these sections..
16172. Slay of Dlaplacemant Pending Review.
If II. complainant seeks to prtYCDt displacement.. the public entity shall
not require the complainant to move until at least 20 days aftcrithas made
a determination and the complainant bas bad an opportunity to scckjudi-
cia! review. In all cases the public entity &hall notify the complainant in
writing 20 days prior 10 the proposed new date of displacement.
f 6174. Joint Complainants.
Where more than one person is aggrieved by the failure of the public
entity to refer them to comparable penDaIlCtlIt or adequate temporary re-
placement housing the complainants may join in filing a single wrincn
request for review. A determination shall be made by the public entity for
each of the complamants.
f 6176. Judicial Review.
Nothing in this Article shall in any way preclude or limit a. claimant
from seekingjudicial review ofa claim upon exhaustion of such adminis-
trative remedies IS are available under this Article.
--..
Article 6. Acquisition Policies
f 6180. Purpoee.
The purpose of this Article is to set forth the pnlCtices tn be followed
with respect to acquisition of,w property by . public entity. Public enti-
ties shall, to the greatest extent practicable.. be guided by these pnlCtices.
f 6182. Acquisition,
(8) A public entity shall malce every reasonable effort to acquire pr0p-
erty by negotiation and to do so e>peditiou;ly.
(b) Before negotiations 1m ini1ial.CCi (ICe SUbscctiOIl 6008(n)) a public
entity &hall:
{T'be DCZt:pqe i& m.l
Page 276.2
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R&p.rW.JlkL41; 'lG-1-99
RDA Resolution No. 2003-1840
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e Title25
(I )Have the propeIty oppniJed.,ivins the ownerorbis rep=ntative
design'~ in writing an opportunity, by rtaJOnable advanee wri.... no-
fce, to ,coompony the appraae.- durin, the inspection of the _yo .
(2) If the owner of real property is also the owner of. business c;:on-
duc1Cd on the real propcn.y to be acquired or on the :Rmaindc:r. infonn him
ofnis possibkrigbttocompcnsationfcr- tosse! goodwill. The publicenu..
ty should include, copy of the pa1inent provision. of the Eminent Do.
main Law (Code of Civil Proccd= Section. 1231l.OI0 d soq.).
(3) Establish an amD1DJ1 i1 bc1ievcJ lO be just compensation for the
property. which amount shall. in no event, be less !ban the po blic entity' I
approved oppnrisol of the fair market value of the property as improved.
(c) The determination of just compensation sbaIl be based upon con-
sideration of:
(1) The '"'" propaty being acquirod;
(2) Where the=d property acquirod i. part of alargcrpa:eel, the inju-
ry. if any. to the r=ainder; and
(3) Loss of goodWill. wb= the owner of the =d propeIty is al80 the
ownc:r of a businCS& oondllCtCd upon the property to be acquired or on the
rcmainderand where the provisions oftM EmiDcntDomain Law pe:rtain--
ing to compensation for ~ of JOOdwill ~ satis5c:d.. Goodwill conaim:
of the benefits that BC:CnJe to a busincas as a result ofitllocation, rcputa~
bon for dependability. skill or quality, and any other circumlt8nccl rc-
sullinS in probable retention of old or acquisition of new patronage.
(d) As soon as possible: after the amount of just compensation is estab-
lished. the public entity shall offer to acquire the property for the full
"&mOUnt 10 established and shall provide !be owner with a written state:.
ment of the basis for determination of juSl compensation. 1be statement
shall include the following:
(1) A ,cneral ,talement of the public use for which the property is to
be acquired.
.. (2) A description oftbc locaDonand extent of the property (0 be taken.
.. l~th sufficient dcta.i.l forrcasonablc identification,. and the i.ntcrcst to be
,..,quircd.
(3) An inventory identifying the buiJdinS5, struotnn:s, fix...... and
othc:r improv~t:s.
(4) A recital of the amount of the offer and 8 Iltatcmcnt that such
_t
(A) Is thc full amountbelicvcd by the public entity to bejnstoompcma-
tion for the property 181=;
(B) Is not less than the approved oppnrisal of the fair lDllIi:<t value of
the propeIty as improvccl:
(C) DisreSards any dcc:rcue: or inacuc in the fair maxkcI vallX: of the
real _y to be acquired prior to the date of valuatioo caused by the
public improvementforwhich the _yista be o=qnired forsueb pul>-
lie improvemen" other than that due to physical dctcrioratioo within the
=asonable control of the owner or occupant; and,
(I)) Docs not. reflect any conaidc:ai.icm of ar allow8ncc for any reloca-
lion assiltlDCC- and: pa)1DCnu orothcr bcncfitJ which Ibc owner is entitlc:d
to =oive tlIIdec an osrecmcot with the public entity, ""cepl for an
amount lOcompc:nale the owoc:r far that portion oflOlS of loodwill pro-
vidccl in aeeord8Dcc with SccIiOll tilOO.
(5) Ifthe=d propertyisapanion ofa lorgcrpmccl, thc staIl:ment shaD
include an apportionment of the toW ellimatcd jult compcnaation forthe
panial ecquisitioo betwoon the nine of the propeIty being tal= and thc
omo"", of damasc. if any, to the remainder of the lorgcr plUCCl from
wbich such property is lakm.
(6) If the owner of the roaI_y to be aequi=I is alao the owner
of I business couducted upon the property arthe remainder. the IlIIemc:nt
shall inclDdc an indication of lhc: amount of compc:nsa1ioo :for loa: of
goodwill.
. (e) At the initiaticm of IlCllotiatioDs (see ,ubKQiDll 600S(n)) a pablic
~ntity shall provide wri... notificlllion to thc owner of a busincla oem-
e du~ ootheroaJpropcrtylO beooquUod oron themnaindc:, who is ""t
aloo the owner of the ral propcny,....-.ing his poWbIt rigbt ID oom-
ponsatian for 10" of Soodwill. The public emity ,bculd include a COf1Y
Department of JloosinC and CommnDity Development ProI"UUS
lUlU
of the pertinent provisioos of the Eminent Domain Law (Code of Civil
Pro=I=, SeetiC811230.010 et aeq.).
(f) (]) If aftcucceivios the pnbliecntity's offcrthc owncrrcqucs.tnd~
ditional information reluding the determination of jnst compena.tion,.
the public entity maD providc the foUowinginformatian 10 d1cexCCDtlhal
the delennina.tion of jul1 compensation is based thereon:
(Al The date of valuation UICd.
(8) The hirbool and beat use of the property.
(C) The 'pplicahic zonins.
(D) JdentifieaUDIl of 80lDe of the salca, eo'lt'.... to acll and purebasc,
and leases supportin, the dctcnnination of valu..
(B) If the property is , partion of alllllter parecl. a dcseription of the
l~ parocl. with .ufficient dotail forrcuonab1c identificatit:m.
(2) W1tb respecS toead1so1e, oou_" ar lease providcdinaeeord8Dcc
with (l)(D) above, the Ionowing data ,hould be provided:
(A) The names and busincla '" re&idcnec acldrcs.... if known, of the
pIirtics to the lP~il"lQ
(B) The localion of the property subject to the tranoactinn.
(C) The date of_.
(D) The price and other significant tams and ~ of the
t>ansacOoo, if known. In licu of _, the other tams and cin:nm-
atanccs.,1he public entity may. iftbe clocumentil a.vaiIable forinspcc1ion.
sts1c Ihe place where and the timcs when it is available for inspc:ction.
(3) The requirements of this subscc::ti.on do nol apply torcqUCll:l made
after an eminent domain prooeedin, ia: Commenced.
(&) Whenever a part of a pan:el of property iJ to be acquired by a public
entity for po btic use 81Id the remainder. ora portioa oflhc remainder. will
be left in such size. shape o:r condition as 10 constib&e au uneconomic
l'CDlIlant the public entity shall offer to acquire the remnant if lbe owner
50 dcsirca. For the. purposes of theE GWdclincl an "UfV'!r.nnnmv. rcm~
nant" shall bea parcel ofrcl.l property in which the owncrn::Wm.a.ninter~
cst afterpania1acquisitionoflus propcrtyand which hu little or no utility
or value to.uch ownc::. (Nothing in thillUbsection is intended to limit
'public entity's aulbority ID acquire =d propcny.)
(b) Nothin, in this section abalI be eons1nJcd to dc~ve a tenant of the
nlbt to obtain payment for his propertyinl=slas_ac p""'ided by
law.
(i) (1) Prior to commencement of an =inent domain pruocoding !be
public entity sbaIJ make reasonable <froruID _ wilb the _il5
ofkr 10 purchase the own=-'s real FOpc::rty. The owner.hall be,sivcn a
reasonable opportunity to prcacnt ma1e:rlai. which be beJieves 10 be rele-
vant as. to the queJtiDl1 of value and. to SOUClt. modibtion in the pr0.-
posed tenus and eondilions of the purchase. and the public cnlily abalI
carefully consider the owner', prcscntalion.
(2) Prior to commenecmcnt of an ""'"- douWn proeccdinr, if the
ev:idc:nce prcICntcd by an owner or a mat=i.1l chansc ill the character "or
conditioo of the property indiellcl the nocdfarauew oppnrisoI crifa Ii,-
nificant delay has oc::eurrcd since the dP-tflln'niftAtion of jullc::ompenu2ion.
the public cntity shaD have its appnrilalDpdatcd. Jf, _ in the
public entity's dcrenoination ofjUBt eompcnsation is WlIlrlllIIId, an ap-
propriate price odj_tshall bemadcand the new amotIIltcico:amisl<d
to be juat eompcnsatioo shaD be prompllyofl'md in wrilins to the owner.
()) (I) In no event shall the po b1ic entity either advance the lime of c0n-
demnation, ardef.",,.,otiation, orcoodemnatioo 00 the depositof fnllcls
in eourt forthc use oflhe 0WDCr. ortake idlY other llCIian coercive or mi.J...
leading in naturc~in o.rdcrto compel or inciurx an apccmc:n1OD the price.
to be paid far thc property.
(2)Jf any intc:relt in property is ID beooquUod by""";" of the power
of eminent domain. the publie entity oball prompt!y_ fDnnaI eon-
dcmnation pl'OOCOCIinp. No public entity sbaIJ in....ticmally make it nec-
essary far an owner ID institute I..al procccclillJS to prove the focl of lbc
taking of this '"'" property.
Pace '1.71
14-,-00)
RDA Resolution No. 2003-1840
Page 64
t 6184
BARCLAYS CAUFORNIA CODE OF REGULATIONS
\
,-,
Title2S
f 6184. Notice of Decision to Appraise.
The public entity shall prOvide ~ O\\'JlCf with wrincn notice ants de-
cision Ie appraise the real propcIty as soon as possible a.ft.eT the d~iaion
to appraise has been m1Chcd. The notice shall S1atc, as a minimum., that:
(8) A specific area is being consid~ for B particular public use;
(b) The owner's property has bc:en determined to be located within the
area; and
(c) The owner's property, which shall be 8cnc:rally described.. may be
acquiR:d in connection with the public use.
16186. Tlme of 0IIw.
The public entity shall make its firstwrinenoffc:ras soon as practicable
following lICr'Vice of the Notice of Decision to Appraise. (See section
6184.)
1618a. Nollce of Land Acquisition Prooedu.....
<8> At the time the public: entity notifies an owncrof its decision to ap-
praise real property it shaD furnish the owner 8 written explanation of its
land acquisition procedures. describing in non-tcchnir:al, undem:and~
able lcrms the public entity's acquisition proec:durc:s and the principal
rights IUld options available to the owner.
(b) The notice shall include the fonowing:
(1) A description oflhc basic objective of the public entity's land ac-
quisition program and arcfaenoe tathe availability of the public entity's
statement covering relocation bencfitl!l for which an owner-occupanl
may be eligible;
(2) A statement thatthe owneror his represcntativedesignat.ed in writ-
ing shall be given the opportunity to accompany each appraiser during
his inspection of lbe pmperty.
(3)A swcmcnttbarifthe acquisition of any partofreal propcrtywould
leave the owner with an uneconomic n:m.nant IS dcf'mcd in subsection
6182(g) the public entity will offer to acquire the uneconomic remnant:,
if the owner 10 des:ilu:
(4) A statement tbatif!be owneris notsati,fied with !be pobtio entity',
offer of just compcnBlltion he will be given a reasonable opportunity to
~ relevant .malc:ri.1l. which the public entity will carefully consider.
and that if a voluntery ~t cannot be:reached the public: entity, as
soon as possible, will either in&titutc B formal condemnation ~
against the propcny or abandon its intention to acqun the propc:rty. giv.
ing notice of the latter 1$ provided in section 6190.
(5) A IlBlemc:nl thst cons=tion or devclopment of a project shaD be
so scbeduled that no penon IBwfully occupying real property shall be ~
qu:irec:l to move:from a dwelling {assuming a :replacement dwelling ItS J'C.
qaircd by these Gaidc1ine.s will be available} or to move his burrincss or
farm opc:nltion without at least 90 days wntltn notice from the public en-
tity of !be '""" by wbiob the ~.. is roquired; and
(6) A sl8lcmc:nl tbI1. if ~ ... msde to ...,!be property 10
81'1 owner or his lc:nanl for a short tcml or far a period subject to tc:m1ina-
lion by the publiccnlity on shortnoticc. tbcrental wlllnotc:x.ecod the_It-
c:roflbefairrentaJ value oflbe. propcrtytosbort tc.rr.D occupic:ror1bc pro
rata portion of the. fair rental value fat a typieal rental period.
If the owner or lena is an OOCDpaDt of 8 dwelling. the rental fm thc
dwc:lling shall be within his fiDllDcia1 means. (See subsection 600&(c).)
16190. Nollce of Publlo Entlty'. Doolslon Not to Acquire.
Whenever a public entity which bas forwarded a Notice of Decision
to Appraisc.or bu med.e: a fumoffersubscqucntly decides not to acquire
Ihe property, the publicentiry shaD serve II. notice in writing on the 0WDa'.
sll penon, OCCIlpy;ng!be property and all other penons potcntisllyeliSi-
ble forrcloc:ation pe.ymcnts and assistanoc. Thisnotice shaD state that the
publioentiry hi, decided nollOacquin:!be property .It ,haD be sm-cd not
later than 10 days folJowingthe d8lC oftbc. public entitydeci&ion not to
scquDo.
I 8192. Incldsntsl Expsn_.
If the =1 property is acquind by purcb....!be public entity shaD pay
all reasonabk expenses incident to transfer. Among theexpemcsrcqair.
ing payment IR: recording fee&, transfer fees and similar expcnscl inci-
dent to !be conveysnc:< nf =1 property. and !be pro_ por!iCII of
charges far public sc:rvicc such as water. sewage and trash collection
which are allowable to a period subsequent to !.he dak: of tnmsfcr of title:
to the. public entity or the dfective date of possession of such property
by the public: entity, whichever is earlier. The public entity shall inform
!be ownC!' 111., he may apply foratebate of!be pro... portion of any =1
property taxes paid..
H""",y
1. Amendment filed 11-S-76 8li an emergency; designaaed effective 11-27-76
(Register 76, No. <4).
2. Certifi"'leol Compu.....filed 2-16-77 (Regiwr77.No. 8).
16194. Short Term RentaL
<a) Hthe public pcr.mirs an owner ort.cnant to DCClIpy the. real propc:rt:y
acquired on a.n:ntal basis fora short-ten:n crfC'lt.. period subject to tcnni-.
nation by the: public entity on short notic::C, the amount of rent required
shall not exceed the lesser of the fairrcntal value to a abon-tczm occupier
or the pro rata portion of the fair rental value for Ii typical:n:ntal period.
Ifthc owner or tcnant is an occupant ofadweDing. the rental for the:
dwelling shall be within his financial means. (See subsection 6008(c).)
(b) A post-acqwsilion tenant whoor;.c;:upicsrcalpropcrty acquired on
a nmtal basis for a short term and who is infonncd that the property has
been acquiml. fora public use shall be giVen not 1csrthan 30 day. notice
oftcrmination of the tenancy.
HlrnlRY
1. AmendmcntofSllbsec:tion(b) filed 11-5-76ulUlcmeIJI'CDCY; dc:sigrmtcd ef.
fective: 11-27-76 (Regislcr 76, No. 44),
2. Certifi_oIComplionoefiJed2-16-77 (Reg_77. No. 8).
181115. PUbllo Informetlon.
The purchase pri= and other consideration paid by the public entity
i, public informatinn and sbsD be msde svailable upun '"'I_C
I 61 N. Servlco of Notice.
Service of all notices :required by this 8J'I:ic1e IbaIl be made either by
flf'lt. c:lass mail or by pe:sonl11llCIVice upon 1M person to be notified.
I 618a. Nonposoessory Intereet exception.
The provisions of 6182(1)). (0), (dX 4), and (f) and 61118 ,hsllllOlapply
to the. acquisition of any cascment..right-of-way. COVClUlDt orothc::rnon-
poueuory inlcrcst in real property to be acquired for the c:onst:ructicm.,
:reconstruction. BhcIation. enlargement, ma.im:enanct. renewal. repair or
rcplac:emcnt of 1Ub-surfacc 1CWC:l'S. walerlincs or appurtcnancc. drains.
scptit; tanks, or storm water drainl.
A_I A
Minimum ConlOllls oflnfolmatiansl Slatemeol(s)
ForDtr1rlba&c1oft
Tn
B.......
D~ eo-",
p~ IZ1Wi 0Ihen
lrim To B~ JndwJa{
1. GeneJal~Cborthenal:llremdt;ypesd Q_
vitia 1hatwWbelDJCicnlkm,iaclullm,a idczt..
~ of... wb.ic:h IDlY iDYolve disphc:e-
meaL. A ~ Iketdi oItbe pmjea. Ilea
should be aaac:bed.
2.. Swemeat that pub1ir; IICticm I0Il)' rcsuhiD dilpI.ce.
men!. but 1hat DO OIW lnri'aDy oceupyiaB praper_
ty 'Will be nqui:red kl M1'eDder ~ wdb
out 11 lc:ut SilO dIyr' wriDen JKltice from 1M pub-
lie- entity IIIId mODe wiD be requimd ro IDD'ni lID.
iii 90 doys oller the ~ 01 mfarmotian.
3. ASS&nDCe Ibat fmWies.1IDd i:udividuals will DOl be
m,Wred ro IDO\'e bcfCft reuaoab1e offin of de..
..... -. saniIory all OIborwiK ~Ie
bousiDs..;m;" ~ -......... 1=1
mBdc:, CXDeJ( fre the CB\IIeS aet fartb in the iac.J
~'sevidim poIjr:!y (wbichsbaD be.in KlCOr-
dmce ...ilb ae:::tian 6OSt)
Pace %'711
.-.,
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,
,-,
,
(~l-9O)
RDA Resolution No. 2003-1840
Page 65
Title 25
Department of Housing and Community Devel""""",l Progriuns
f 6SOO
I JIDn TIJ Be 11lClPdeJ
1:1.. General description of types ofrclo=ation pII)mCDts
.".nable., inchIc6ng.ICD=nll~}jgibilitycrilrm.UId
a CButXm .pins! pn::mature m~es that roiPt re-
mlt in loa of clig.kility for a payn:aeDL
5. lclentificaticm of Ibe .~eD:)"s rckatioo prop-am
and I de~OI! of !be rciocltion .services QJC\
..id,lhat will be nailablc..
6. Encour.agcmCllI '" "isn the agency's: reiocation of.
fice and ooopcra.te ",jib !be Jtaff. The addrc~
lelephant number, and hours: of 1he rebaitioo of..
fi<c ohouJd bo >pccffiod.
7. Inform_boa CD npbccmenl housing. indlldiug:
a. Brief des.c:riptioa. ofwb8t oorutitutc. c::ompara-
ble repl.ac:emlmt housing, inchuuDJ physical
"""danlL
b. LaymCD'S descriptioa ofFcdenU. fair boos.ing
law (T1l1e VID of Civil Rj!hJs Act of 1%8). and
IppIable SlI.1e and :loCIl fUr hDusibg law,". as
well as ngbll: Imdec nile IV of the Civil ~ts
Act of 1964.
Co St:atemeDt lhIt1he public c:ntity (or its "PDt)
will......" ~_k __ a...1liop
within 1be fInaocialmean.~ ud o1bc:rw_ nail.
.ble 1D dilp1ac:ed penm.. and will pnwide uW--
lat'iCe to peDOII' in obtaining bousiug of 1h~
c:boilx. includiDg assittanoe in tberefemdofcom-
plsiDtsofdiJcrimin.ti:mlOdte~.1eFeder-&
al. State or 1000I fair botWDg enfon::emClDl ~.
d. Sbllemc:Dl Nt pe:rsoD5 IDlY seek I1eX Owtl
housingao::ommodatiom and ~ Ibr.m.ifthey
doso,loDOUfytb!l rclDcltioD office prior \om..ak-
mg .. commitmerll to pun:hue 01" ocaIpy fie
,.."".."..
8. S~tcmeut hlk public entity win provide maxi
mum u~inloc:ating ~ticmaccamml).
datiol1S.,~ wasuJtltXm with liIe 5mBll
Busincu A.dDm...mn md. o1ber IOVemmeDtal
, atcacic. wbicil mi,:ht be of usiJtaIa..
9. SlIleme:lndelcribiD&~tfurpriorDOtifi..
~tion \D !be apcacy DC.. busiDca a:moem'. m-
1cntiol::r.\om~
10. Summary of 1be 10cal ageacy'1 evictioa policy.
wbic::blballbtm~cc1ritb1bep:rov.iaiObS
of teeticm 50S&.
11. StlllcmeDl 0aIc:r1"bint: 1beas=r:Y'I~lIb:lC pro.
cedure. il:spurpoa:..m:lbow itmaybeuaoc1, which
prtCdurt JbaD be in .r;:cordmee wjlh Ibe prod-
..x.mof ArticleS.
ForDj.ffriDIIlUrn
To
BkSinus
DUpl<<et! c'ODCDJU
PersoA3: ~OtMrS
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x x
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