The URL can be used to link to this page

Home My WebLink AboutRDA Packet 2003/08/19 CI'~Y OF TUESDAY, AUGUST 19, 2003 CHULA VI 'A COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) JOINT MEETING OF THE REDEVELOPMENT AGENCY / CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, McCann, Rindone, Salas; Chair/Mayor Padilla CONSENT CALENDAR The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the Agency/Council by one motion without discussion unless an Agency/Council member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action items. Items pulled by the public will be the first items of business. 1. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING AN AGREEMENT WITH THE CONSULTING FIRM OF ROSENOW SPEVACEK GROUP, INC. IN AN AMOUNT NOT-TO-EXCEED $50,000 FOR CONSULTING SERVICES TO COMPLETE THE 2003 REDEVELOPMENT AMENDMENT AND EXPANSION PROCESS - The contract with RSG is for consulting services rendered on the proposed Redevelopment Plan Amendment and Expansion process. Cost overruns due to changes in the process have caused additional work for the consultants. Funds are needed for the consultant to complete this process. [Community Development Director] STAFF RECOMMENDATION: Agency adopt the resolution. 2. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $29,356 FROM THE AVAILABLE BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE OF AN INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET PURSUANT TO A 1993 DISPOSITION AND DEVELOPMENT AGREEMENT - In 1993, the City of Chula Vista Redevelopment Agency adopted a Development and Disposition Agreement (DDA) for the Chula Vista Auto Park Phase 1, including a provision for payment of incentives to auto dealers if they exceeded a threshold of sales tax receipts to the City for the first 15 years of the operations. The auto dealer incentives are payable based on a formula spelled out in the DDA. Based on the formula, People's Chevrolet exceeded the sales tax threshold in 2002 and is owed an incentive payment. [Community Development Director] 4/5ths VOTE REQUIRED STAFF RECOMMENDATION: Agency adopt the resolution. 3. RESOLUTION OF THE REDEVELOPMENT AGENCY AWARDING SPECIAL CONTRACT FOR SITE CLEARING AT THE SOUTHWEST CORNER OF BAY BOULEVARD AND LAGOON DRIVE TO PENHALL CONTRACTORS FOR $73,000 PURSUANT TO THE SETTLEMENT AGREEMENT WITH THE RADOS BROTHERS AND APPROPRIATING $73,000 FROM THE BAYFRONT/TOWN CENTRE I PROJECT AREA FUND FOR THAT PURPOSE BASED ON UNANTICIPATED REVENUE FROM THE INTEREST EARNING ASSOCIATED WITH THE STIPULATED SETTLEMENT AGREEMENT - The Goodrich relocation Agreement obligated the City/Agency to pursue acquisition and subsequent transfer of the vacant property at the southwest corner of Bay Boulevard and Lagoon Drive to Goodrich. This item requests approval of the agreement to clear the site as required by the Relocation Agreement in advance of transferring the property to Goodrich. The special contract with Penhall was contemplated by the settlement agreement between the Agency and Rados Brothers regarding the acquisition of the property. [Community Development Director] 4/5ths VOTE REQUIRED STAFF RECOMMENDATION: Agency adopt the resolution. 4.a. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO A JOINT PUBLIC HEARING ON THE 2003 AMENDMENT TO THE BAYFRONT/TOWN CENTRE I REDEVELOPMENT PLAN - The Redevelopment Agency initiated a series of Redevelopment Plan Amendments in November 2002 to enhance the ability of the Agency to undertake redevelopment projects in the existing redevelopment project areas and throughout other portions of western Chula Vista. [Community Development Director] 4.b. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO A JOINT PUBLIC HEARING ON THE 2003 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN STAFF RECOMMENDATION: Council adopt the resolutions. ACTION ITEMS The items listed ir~ this section of the agenda are expected to elicit substantial discussions and deliberations by the Agency/Council, staff, or members of the general public. The items will be considered individually by the Agency/Council and staff recommendation may in certain cases be presented in the alternative. Those who wish to speak, piease fill out a Request to Speak form available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. 5. a. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO CIRCULATE A DRAFT 2003 AMENDMENT, IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN, FOR THE BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT, AND CALLING FOR AND CONSENTING TO A JOINT PUBLIC HEARING WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR THE PROPOSED 2003 AMENDMENT - This is part of the proposed Redevelopment Plan Amendment and Expansion. At this meeting, staff will present the draft documents to the Agency and will ask the Agency and Council to set the joint public hearing in November to consider the proposed amendment and expansion. [Community Development Director] Redevelopment Agency, August 19, 2003 Page 2 5. b. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE PROPOSED REVISED ADDED AREA BOUNDARY FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA, AUTHORIZING STAFF TO CIRCULATE A DRAFT 2003 AMENDMENT, IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN, FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT, AND CALLING FOR AND CONSENTING TO A JOINT PUBLIC HEARING WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR THE PROPOSED 2003 AMENDMENT 5. c. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING AND MAKING AVAILABLE FOR PUBLIC REVIEW DRAFT AMENDED AND RESTATED RULES GOVERNING PARTICIPATION AND REENTRY PREFERENCES FOR PROPERTY OWNERS AND BUSINESS OCCUPANTS, AND AN AMENDED AND RESTATED METHOD OF RELOCATION STAFF RECOMMENDATION: Agency adopt the resolutions. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency/City Council on any subject matter within the Agency/Council's jurisdiction that is not an item on this agenda. (State law, however, generalry prohibits the Redevelopment Agency/City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Agency/Council on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. 6. DIRECTOR/CITY MANAGER'S REPORT(S) 7. CHAIR/MAYOR REPORT(S) 8. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to an adjourned meeting of the Redevelopment Agency on August 26, 2003, at 6:00 p.m., immediately following the City Council meeting in the City Council Chambers. CLOSED SESSION Unless Agency Counsel, the Executive Director, or the Redevelopment Agency/City Council states otherwise at this time, the Agency/Council will discuss and deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency/Council is advised should be discussed in closed session to best protect the interests of the City. The Agency/Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency/Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, announcements of actions taken in Closed Session shall be made by Noon on Wednesday following the meeting at the City Clerk's office in accordance with the Ralph Brown Act (Govt. Code ~ 54957.7) Redevelopment Agency, August 19, 2003 Page 3 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 Property: Assessor Parcel Nos. 563-350-13-00; 56-131-01-11 (Agency/City), Assessor Parcel Nos. 563-350-12-00; 566-132-55-00 (George A. Mross and Mayfair Living Trust), and Assessor Parcel Nos. 563-330-4900, 563- 330-4800 (Bell Family) Negotiating Parties: Andy Campbell, Lyle Haynes (Agency/City), Ted and Mike Bell (Bell family), and Mayfair Mross (IViayfair Living Trust) Under Negotiations: Price and terms for disposition/acquisition AMERICANS WITH DISABILITIES ACT The City of Chura Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, August 19, 2003 Page 4 PAGE 1, ITEM NO.: MEETING DATE: 08/19/03 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: RESOLUTION AMENDING AN AGREEMENT WITH THE CONSULTING FIRM OF ROSENOW SPEVACEK GROUP, INC. IN AN AMOUNT NOT-TO-EXCEED $50,000 FOR CONSULTING SERVICES TO COMPLETE THE 2003 REDEVELOPMENT AMENDMENT AND EXPANSION PROCESS SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR REVIEWED BY: EXECUTIVE DIRECTOR ~ BACKGROUND On July 24, 2001, the KedeYelopment Agency approved an agreement with the firm of Rosenow Spevacek Group, Inc. (RSG) for the provision of redevelopment consulting services as part of the Agency-mandated redevelopment amendment and expansion process. The original contrad amount was $197,455. Earlier this year, changes in the process required changes in the scope of work, which in turn increased the total cost of the contract in the estimated amount of $37,248. However, there could potentially be other changes in the process beM, een now and the time that the Agency and Council consider the proposed amendment, which could potentially require additional funds. RECOMMENDATION That the Agency approve a resolution amending the contract with Rosenow Spevacek Group, Inc. in an amount not-to-exceed $50,000 for consulting services to complete the 2003 Redevelopment Amendment and Expansion process. BOARDS/COMMISSIONS RECOMMENDATION No recommendation is necessary for this action. DISCUSSION Initially, the July 2001 scope of work envisioned the merger of all five existing redevelopment plans into one merged and re-stated redevelopment plan for all areas. This amendment was supposed to occur at one time without the formation of a Project Area Committee, and was assumed that the entire process would be completed within a ~,elve month timeframe. However, a few months after beginning the process, several changes in the scope of work took place. First, /- / PAGE 2, ITEM NO.: MEETING DATE: 08/19/03 the extension of eminent domain time limit for the Southwest Redevelopment Project area hod to be split from the rest of the process because the time limit was expiring in November of 2002. An additional change in the scope of work occurred due to the need to set up a Project Area Committee for the area that is being incorporated into redevelopment, The additional work caused by these changes was assumed by the consultant under the budget provision ($197,455) of the original contract at no extra cost to the Redevelopment Agency. In March of 2003, it was determined that, after further financial anolysis, the merger of Bayfront/T own Centre I Redevelopment Plans with the other three merged areas (Town Centre II, Otay Volley, and Southwest) was not going to be financially beneficial. At the same time, it was determined that additional public outreach was necessary in order to inform the affected stakeholders about the proposed redevelopment amendment and expansion. Also, upon further analysis of the proposed Added Area boundaries, it was found that several properties (including single-family residences and 0 mobile home park) originally included within the boundaries of the Added Area did not need to be included. Finally, the owner of the KAO Campground located at Second Avenue and Highway 54 approached City staff with the request to include his property in the proposed Added Area. These changes caused an additional increase in the Consultant's scope of work, which resulted in a cost increase beyond the original contract amount, The table below shows the additional tasks and dollar amounts necessary for the Consultant and sub-consultants to complete the amendment process, The sub-consultants under RSG are the firm of Phil Martin and Associates, who is in charge of conducting all environmental analysis and preparing the Environmental Impact Report, The other sub-consultant is the engineering firm SP2, who is preparing the mapping and legal descriptions for the proposed amended areas. Component RSG Phil SP2 Total Martin . Revise project area map and legal descriptions to include KOA $1,400 $1,400 campground and exclude mobile home park and single family street . Modify and circulate to staff revised administrative draft EIR to 5,000 5,000 incorporate new project description (due to changes in scope of Amendment) and more extensive projects list requested by staff . Complete Draft EIR, Prepare Final EIR and related environmental 14,000 14,000 documents . Prepare two additional Preliminary Plans and transmit a second 450 450 series of statement of preparation notices to the taxing agencies . Revise administrative draft Redevelopment Plan to create 2 750 750 separate plans and incorporate changes to projects list and project area boundaries . Update initial work on administrative draft Preliminary Report due to 1,050 1,050 changes in project description and project area boundaries . Prepare two reports to the Redevelopment Agency/City Council for 10,800 10,800 the Joint Public Hearing and Amendment Adoption meeting in November 2003 /- cA ._..,......,--~ PAGE 3, ITEM NO.: MEETING DATE: 08/19/03 Component RSG Phil SP2 Total Martin . Prepare written responses to written objections at public hearing 1,500 1,500 . Conduct approximately 13 additional meetings or public hearings 14,625 14,625 with staff (2 meetings), community (1 meeting) PAC (4 meetings), Planning Commission (2 meetings), Agency (3 meetings), and City Council (1 meeting) . Prepare additional public hearing notices and transmit to taxing 300 300 agencies. Grand Total $29,475 $19,000 $1,400 $49,875 Less: Remaining Budget 1,687 14,000 (3,060) 12,627 Budget Deficit $27,778 $5,000 $4,460 $37,248 Based on the table above, the additional work increases the cost by $37,248, which would bring the total contract amount from the original $197,455 to $234,703. Additionally, stoff is requesting the appropriation of $12,752 to be set aside os a contingency amount in case there are additional costs overruns due to unforeseen changes in the Consultant's scope of work or other unforeseen expenses associated with the proposed amendment during its completion expected to take place by December 2003, FISCAL IMPACT There are sufficient funds available within the Redevelopment Agency budget to be utilized for this contract . J:\COMMDEV\STAFF.REP\08-19-03\Amendment to RSG Contract.doc /- 3 """"T' ...... REVELOPMENT AGENCY RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING AN AGREEMENT WITH THE CONSULTING FIRM OF ROSENOW SPEVACEK GROUP, INC. IN AN AMOUNT NOT-TO-EXCEED $50,000 FOR CONSULTING SERVICES TO COMPLETE THE 2003 REDEVELOPMENT AMENDMENT AND EXPANSION PROCESS WHEREAS, on July 24, 2001, the Redevelopment Agency approved an agreement with the firm of Rosenow Spavecek Group, Inc. for the provision of redevelopment consulting services for the implementation of the 2003 Redevelopment Amendment and Expansion process; and WHEREAS, since the approval of said agreement there have been a variety of changes in the process which have increase the Consultant's scope of work; and WHEREAS, said changes have resulted in a cost increase in the amount of $37,248 which is beyond the original contract amount; and WHEREAS, an additional funds in the amount of $12, 752 are being requested by staff to be placed in a contingency fund to be used in case there are additional cost overruns due to unforeseen changes in the consultant's scope of work or other unforeseen changes in the rest of the process; and WHEREAS, in order to cover the additional contract and other unforeseen costs and in order to complete the amendment process, additional funds need to be encumbered by the Redevelopment Agency; and NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve the amendment to the contract with the firm of Rosenow Spevacek Group, Inc. for the additional consulting services needed to complete the 2003 Redevelopment Amendment and Expansion process. BE IT FURTHER RESOLVED that the Redevelopment Agency does hereby encumber funds in the amount of $50,000. Presented by Approved as to form by Chris Salomone ~~ ~'-~ ¢,~ Director of Community Development J:\COMMDEWRESOS~Agency Resolution Amending Contract with RSG.doc PAGE 1, ITEM NO.: ~ MEETING DATE: 08/19/03 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: RESOLUTION APPROPRIATING $29,356 FROM THE AVAILABLE BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE OF AN INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET PURSUANT TO A 1993 DISPOSITION AND DEVELOPMENT AGREEMENT SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR [~ .~ ~ REVIEWED BY: EXECUTIVE DIRECTOR ~ 4/5THSVOTE: YES ~ NO ~ BACKGROUND In 1993, the City of Chula Vista Kedevelopment Agency (Agency) adopted a Disposition and Development Agreement (DDA) for the Chula Vista Auto Park Phase 1, including a provision for payment of incentives to auto dealers if they exceeded a threshold of sales tax receipts to the City for the first 15 years of the operations. The auto dealer incentives are payable based on a formula contained in the DDA. Based on the formula, People's Chevrolet exceeded the sales tax threshold in 2002 and is owed an incentive payment. RECOMMENDATION It is recommended that the City of Chula Vista Redevelopment Agency adopt the resolution appropriating $29,356 from the available balance of the merged project area for the purpose of an incentive payment due to People's Chevrolet. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The calculation for the auto dealer incentive, recognizing that three dealerships were operating during the period, is based on a formula found in the Chula Vista Auto Park Phase 1 DDA that is roughly equal to 50-percent multiplied by the difference between the dealership's sales tax receipts and one quarter (Y4) of a base sales tax figure which is specified in the DDA and adjusted upwards annually.. Please note that the exact formula is somewhat more complicated and that the calculations were completed by the City of Chula Vista Office of Budget and Analysis and reviewed by the City Attorney's Office. c 2-/ PAGE 2, ITEM NO.: MEETING DATE: 08/19/03 The total incentive owed to People's Chevrolet for FY 2002 is $29,356. The dealership has exceeded the agreed-upon base sales limit in the formula for three of the first six years it was eligible to receive an incentive payment and, with this action, the Redevelopment Agency will be current in its obligation per the DDA. The incentive payment also applies to Fuller Ford/Honda. Negotiations with Fuller regarding a variety of issues are occurring. Staff is attempting to resolve all outstanding obligations between the City/Agency and dealership as one "package". A settlement of all issues will be brought forward as a combined oction item in the upcoming months. FISCAL IMPACT A total of $29,356 will be appropriated from the available balance of the Merged Project and paid to People's Chevrolet. J:\COMMDEV~STAFF.REP\08-19-03\People's Chevrolet Incentive 2002 - AGENCY.doc RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $29,356 FROM THE AVAILABLE BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE OF AN INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET PURSUANT TO A 1993 DISPOSITION AND DEVELOPMENT AGREEMENT WHEREAS, in 1993, the City of Chula Vista Redevelopment Agency ("Agency") adopted a Disposition and Development Agreement ("DDA") for the Chula Vista Auto Park Phase 1, including a provision for an "incentive payment" to auto dealers for the first six years after the Auto Park was open for business; and WHEREAS, the DDA requires the Agency to pay an incentive to auto dealers if certain sale tax receipt thresholds are exceeded; and WHEREAS, the calculation for the incentive, recognizing that three dealerships were operating during the period, is based on a formula found in the DDA that is roughly equal to 50- percent multiplied by the difference between the dealership's sales tax receipts and one quarter (¼) of a base sales tax figure which is specified in the DDA and adjusted upwards annually; and WHEREAS, People's Chevrolet exceeded the sales tax receipt threshold in Fiscal Year 2002; and NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby appropriate $29,356 from the available balance of the Merged Project Area for the purpose of an incentive payment due to People's Chevrolet. PRESENTED BY APPROVED AS TO FORM BY Laurie Madigan Ann Moore Director of Community Development Agency Attorney J:\COMMDEWRESOS\People's Chevrolet Incentive 02 doc PAGE 1, ITEM NO.: ,.~ MEETING DATE: 08/19/03 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: AGENCY RESOLUTION AWARDING SPECIAL CONTRACT FOR SITE CLEARING AT THE SOUTHWEST CORNER OF BAY BOULEVARD AND LAGOON DRIVE TO PENHALL CONTRACTORS FOR $73,000 PURSUANT TO THE SETTLEMENT AGREEMENT WTH THE RADOS BROTHERS AND APPROPRIATING $73,000 FROM THE BAYFRONT/TOWN CENTRE I PROJECT AREA FUND FOR THAT PURPOSE BASED ON UNANTICIPATED REVENUE FROM THE INTEREST EARNINGS ASSOCIATED WITH THE STIPULATED SETTLEMENT AGREEMENT SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~.~r ~ ~ REVIEWED BY: EXECUTIVE DIRECTOR o~" 4/5THS VOTE: YES ~ NO [~ BACKGROUND The Goodrich Relocation Agreement entered into by the City of Chula Vista Redevelopment Agency, the San Diego Unified Port Distrid, and Goodrich in July of 1999 included an obligation of the Agency to pursue acquisition, and if acquired, to transfer 3.02 acres of privately owned properly at the southwest corner of Bay Boulevard and Lagoon Drive ("F" Street) to Goodrich for inclusion in their new corporate campus north of 'H" Street. The property was owned by an absentee landlord, the Rados Brothers, and had not been used for over ten years. At the time of the Relocation Agreement, since the proper~ owner was unwilling to sell the property voluntarily at a reasonable price, the Agency was forced to pursue acquisition of the property by eminent domain. As the Agency knows, after protraded litigation, the Agency has since acquired the properly through a Stipulated Settlement Agreement. The settlement contemplated the Agency's use of Penhall contractors to complete demolition and removal of on-site improvements and rough grading. The purpose of this item is to request that the Redevelopment Agency Board approve the agreement for clearing the site as contemplated by the Rados settlement and required by the Relocation Agreement in advance of transferring the properly to Goodrich. RECOMMENDATION Approve the resolution awarding the site clearing contract to Penhall for the lump sum bid amount of $73,000, authorize the work to commence, and appropriate $73,000 for the contract PAGE 2, ITEM NO.: MEETING DATE: 08/19/03 payment based on unanticipated revenues from interest earnings associated with the Stipulated Settlement Agreement and amending the Bayfront/Town Centre I budget by increasing supply and services expenditures by $73,000. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The City of Chub Vista Redevelopment Agency, the San Diego Unified Port District, and Goodrich entered into the Goodrich Relocation Agreement in July of 1999. That agreement included an obligation of the City/Agency to pursue acquisition of the privately-owned 3.02 acre vacant parcel located at the southwest corner of Bay and Lagoon Drive ('F' Street) and to subsequently transfer the property to Goodrich for inclusion in their new corporate campus north of 'H' Street. Pursuant to Section 3.2.2 of the Relocation Agreement, the Agency is responsible for delivering the property to Goodrich free and clear of all foundations, slabs, and debris, and in a rough graded condition. The cost for that work was a material element of the settlement negotiations with the property owner and the litigation team. The City's property appraiser Lipman Stevens Marshall & Thene estimated the cost to clear and grade the property at approximately $125,000. The property owner obtained an offer to complete the work for $73,000 from the Penhall contracting company. As a result of the settlement negotiations, a special demolition contract was secured with Penhall in the amount of $73,000 to provide the necessary demolition and site grading services. As reported in the April 1, 2003 Agenda Statement authorizing the Settlement Agreement, staff indicated that the cost of demolition would be in addition to the cost of acquiring the properly, but that the additional cost would be off-set by interest earnings of approximately $147,000 from funds originally deposited with the Superior Court. Penhall has provided a signed Work Proposal that indicates they can perform the work for $73,000. The contract is being awarded on a modified version of the City's standard form. Because the contract was part of the Settlement Agreement it was not formally bid. Penhall is one of the largest demolition contractors in the United States. It operates 38 offices in 17 states and has annual revenue exceeding $170 million. The company has completed many projects in San Diego County for both private and public entities. The City's Engineering Department will administer the site clearing contract with Penhall. The work is anticipated to take 30 days. Staff is currently coordinating with Goodrich in preparing the property transfer agreement in order for the property transfer to occur following completion of the site clearing activities. PAGE 3, ITEM NO.: MEETING DATE: 08/19/03 FISCAL IMPACT Approval of this resolution will authorize the site clearing and grading work to be performed by Penhall in the amount of $73,000. The cost for the contract will be fully offset by the forthcoming Interest that accrued in the court's account during the pendency of the settlement action will be used to fund the contract obligation. ATTACHMENTS None. J:\COMMDEV~STAFF.REP\OS-19-03\Bay Boulevard Site Clearing.doc AGENCY RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AWARDING SPECIAL CONTRACT FOR SITE CLEARING AT THE SOUTHWEST CORNER OF BAY BOULEVARD AND LAGOON DRIVE TO PENHALL CONTRACTORS FOR $73,000 PURSUANT TO THE SETTLEMENT AGREEMENT WITH THE RADOS BROTHERS AND APPROPRIATING $73,000 FROM THE BAYFRONT/TOWN CENTRE I PROJECT AREA FUND FOR THAT PURPOSE BASED ON UNANTICIPATED REVENUE FROM INTEREST EARNINGS ASSOCIATED WITH THE SETTLEMENT AGREEMENT WHEREAS, the Goodrich Relocation Agreement obligated the City/Agency to pursue acquisition and subsequent transfer of the property at the southwest corner of Bay Boulevard and Lagoon Drive to Goodrich for inclusion in their new corporate campus north of "H' Street; and WHEREAS, the Agency is responsible for ensuring that the property is transferred to Goodrich with all improvements demolished and in a rough graded condition; and WHEREAS, on March 20, 2003, in a Supedor Court hearing, the City was granted possession of the property through a Stipulated Settlement Agreement; and WHEREAS, as a result of the settlement negotiations, a special demolition contract was secured with Penhall in the amount of $73,000 to provide the necessary demolition and grading services; and WHEREAS, Penhall is one of the largest demolition contractors in the United States and has completed many projects in San Diego for both public and private entities; and WHEREAS, the forthcoming interest that accrued in the court's account during the pendency of the settlement action will be used to fund the contract obligation. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby award the special contract for site clearing at the southwest corner of Bay Boulevard and Lagoon Drive to Penhall Contractors for $73,000 pursuant to the Settlement Agreement with the Rados Brothers and appropriate $73,000 from the Bayfront/Town Centre I Project Area Fund for that purpose based on unanticipated revenue from interest earnings associated with the Settlement Agreement. Presented by Approved as to form by Laurie A. Madigan Director of Community Development ClOne Ag~el J:\COMMDEWRESOS\Bay Boulevard Site Clearing.doc PAGE 1, ITEM NO.: ~-~ MEETING DATE: 08-19-03 ClI COUNCIL AGENDA STATEMENT ITEM TITLE: a) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO A JOINT PUBLIC HEARING ON THE 2003 AMENDMENT TO THE BAYFRONT/TOWN CENTRE I REDEVELOPMENT PLAN b) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO A JOINT PUBLIC HEARING ON THE 2003 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~-¥~ RENEWED BY: CITY MANAGER ~ ~ 4/5THS VOTE: YES ~ NO ~ BACKGROUND The City Council and Redevelopment Agency have been in the process of amending the existing redevelopment plans. As currently proposed, there would be two amendments: one amendment would merge the Bayfront and Town Centre I Redevelopment Plans into a single merged and restated redevelopment plan. The other amendment would merge the Otay Valley, Town Centre II and Southwest redevelopment plans into a single merged and restated redevelopment plan. Another part of the amendment proposes to add approximately 550 acres of territory to the existing redevelopment areas. As part of this process, the City Council, Redevelopment Agency and Planning Commission have taken a variety of actions during the past few months. Some of these actions include the adoption of the Preliminary Plan, establishing the boundaries of the added area and the election of a Project Area Committee. At the same time, Community Development staff have been working with the redevelopment consultant (Rosenow Spevacek Group) on the preparation of the documents (Redevelopment Plans, Method of Relocation, Owner Participation Rules, Environmental Impact Report} that constitute the amendments. One of the most important steps in the amendment process is setting up the date and time for a joint public hearing between the Redevelopment Agency and the City Council to consider the documents and the proposed amendment. The City Council, as well as the Redevelopment Agency in a separate item on tonight's agenda, is being asked to consider resolutions on the proposed amendments. RECOMMENDATION That the City Council adopt the following resolutions: PAGE 2, ITEM NO.: MEETING DATE: 08-19-03 a) Consenting to a joint public hearing on the 2003 Amendment to the Ba,/Front/Town Centre I Redevelopment Plan; and 5) Consenting to a joint public hearing on the 2003 Amendment fo the Merged Chub Vista Redevelopment Plan. BOARDS/COMMISSIONS RECOMMENDATION Not Applicable. DISCUSSION The Redevelopment Agency initiated a series of redevelopment plan amendments in November 2002 to enhance the ability of the Agency to undertake redevelopment projects in the existing redevelopment project areas and throughout other portions of western Chula Vista. As currently proposed, the 2003 Amendments would achieve the following: Bayfront/Town Centre I Redevelopment Plan · Consolidate the Bayfront and Town Centre I redevelopment plans into a single amended, consolidated, and restated redevelopment plan (to be known as the Bayfront/1-own Centre I Redevelopment Plan), including updating the public improvement and facility projects list in the Plan. Merged Chula Vista Redevelopment Plan · Consolidate the Town Centre II, Otay Valley, and Southwest redevelopment plans into a single amended, consolidated, and restated redevelopment plan document (to be known as the Merged Chula Vista Redevelopment Plan), including updating the public improvement and facility projects list in the Plan; · Incorporate approximately 550 acres of property (known as the "Added Area") located throughout along the Broadway, Third Avenue commercial corridors, the northern and southwest part of Chula Vista within the Merged Chula Vista Redevelopment Project Area (see map altached at Exhibit A); · Reestablish eminent domain authority for a period of 12 years on all property within the Otay Valley subarea of the Merged Project Area; and · P~eestablish eminent domain authority for a period of 12 years on all property (except for residentially-occupied property in a residential zone) in the Town Centre II sub-area of the Merged Project Area. Tonight on the same agenda, the Agency will consider making available the draft 2003 Amendments (in the form of amended and restated Redevelopment Plans) for the Bayfront/Town Centre I and Merged Chula Vista Redevelopment Projects. Consideration of these h, vo (2) 2003 Amendments will conclude after the City Council and Agency conduct joint public hearings for each of the amendments. The two joint public hearings are both tentatively scheduled for November 11, PAGE 3, ITEM NO.: MEETING DATE: 08-19-03 2003. Tonight, the City Council will consider resolutions consenting to a joint public hearing with the Agency on both of the proposed 2003 Amendments. Redevelopment Law requires that the Agency and City Council conduct public hearings on a redevelopment plan amendment before the City Council considers an amending ordinance. In lieu of conducting separate hearings, Section 33458 of the Law permits the Agency and City Council to hold a joint public hearing for each amendment. The attached resolution consents to such a joint public hearing. In that there are separate amendments to the Bayfront/Town Centre Redevelopment Plan and the Merged Chula Vista Redevelopment Plan, the Agency and City Council will conduct h, vo joint public hearings on the same evening. The joint public hearings are scheduled for Tuesday November 11, 2003, starting at 6:00 p.m. immediately following the City Council meeting. Notice of the joint public hearings involves publication in a newspaper of general circulation for four successive weeks, plus mailing the notice to all property owners, business owners, residents, and affected taxing agencies in the Project Areas. The mailed notice will be sent at least 30 days before the joint public hearings as required by Law. In a continuing effort to address public questions on the amendment process, staff will be holding a public workshop approximately lwo weeks before the public hearings. FISCAL IMPACT The costs associated with the 2003 Amendments have been included in the Agency's budget, and involve consultant and legal services, direct and indirect costs of publishing and mailing public hearing notices, and other incidental staff and overhead costs. A contract amendment for I~osenow Spevacek Group (RSG) (consultant preparing the Plan Amendments) is also on tonight's agenda. ATTACHMENTS Attochment A: Map of the Added Area J:\COMMDEV~STAFF.REP\O8-19-03\Redevelopment Plan Amendment - City Council Item.doc ATTACHMENT A LEGEND Merged Ohula Vista Redevelopment Project Area I I *,,.,*..,.o,.,,,, + Exhibi[ A: Revised Added Area RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO A JOINT PUBLIC HEARING FOR THE PROPOSED 2003 AMENDMENT TO THE BAYFRONT/TOWN CENTRE I REDEVELOPMENT PLAN WHEREAS, on July 16, 1974 the City Council of the City of Chu~a Vista ("City Council") adopted Ordinance No. 1541 approving a redevelopment plan for the Bayfront Redevelopment Project and has subsequently amended said redevelopment plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No. 2146, on January 4, 1994 by Ordinance No. 2585, on November 8, 1994 by Ordinance No. 2608, and on July 7, 1998 by Ordinance No. 2734 ("Bayfront Plan"); and WHEREAS, on July 6, 1976 the City Council adopted Ordinance No. 1691 approving a redevelopment plan for the Town Centre I Redevelopment Project and has subsequently amended said redevelopment plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No. 2146, on January 4, 1994 by Ordinance No. 2585, on November 8, 1994 by Ordinance No. 2609, and on July 7, 1998 by Ordinance No. 2735 ("Town Centre I Plan"); and WHEREAS, by Ordinance No. 1872, the Bayfront Plan and Town Centre I Plan were merged to facilitate the sharing of financial resources pursuant to Sections 33480 through 33484 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"); and WHEREAS, even though the Bayfront Plan and the Town Centre I Plan were merged as described in the previous Recital, the two plans remained separate documents, each governing its respective constituent area; and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is proposing to amend the previously merged Bayfront Plan and Town Centre I Plan to amend and consolidate the two redevelopment plans into a single redevelopment plan document ("2003 Amendment"); and WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et ~ ("Law"), a joint public hearing on the 2003 Amendment may be held with the consent of the City Council and Agency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby consents to holding a joint public hearing with the Redevelopment Agency of the City of Chula Vista on November 11, 2003, at 6:00 p.m., immediately following the City Council meeting, in the Council Chambers, for the purpose of considering the proposed 2003 Amendment (in the form of an amended and restated redevelopment plan) to the Bayfront/Town Centre I Redevelopment Plan, and directs staff to give notice of the joint public hearing in the form and manner required by Law. Presented by A~~ to for~_~ Laurie M. Madigan Anr~'~re Community Development Director Cit A)~.~drney J:\COMMDEV~RESOS\CC Reso Joint Headng Bayfront-TCLdoc ~TL/ _ ~..~,"~" RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO A JOINT PUBLIC HEARING FOR THE PROPOSED 2003 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN WHEREAS, on August 15, 1978 the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II Redevelopment Project and has subsequently amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2810, and on August 22, 2000 by Ordinance No. 2817 ("Town Centre II Plan"); and WHEREAS, on December 29, 1983 the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22, 2000 by Ordinance No. 2818 ("gray Valley Plan"); and WHEREAS, on November 27, 1990 the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9, 1991 by Ordinance No. 2467, on November 8, 1994 by Ordinance No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, by Ordinance No. 2819, the Town Centre II Plan, gray Valley Plan, and Southwest Plan were merged to establish the Merged Chula Vista Redevelopment Plan to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"); and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is proposing to amend the Merged Chula Vista Redevelopment Plan to consolidate the constituent redevelopment plans into a single redevelopment plan document, add property to the Merged Chula Vista Redevelopment Project Area boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre II and gray Valley constituent project areas ("2003 Amendment"); and WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"), a joint public hearing on the 2003 Amendment may be held with the consent of the City Council and Agency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby consent to holding a joint public hearing with the Redevelopment Agency of the City of Chula Vista on November 11, 2003 at 6:00 p.m., immediately following the City Council meeting, in the Council Chambers, for the purpose of considering the proposed 2003 Amendment (in the form of an amended and restated redevelopment plan) to the Merged Chula Vista Redevelopment Plan, and directs staff to give notice of the joint public hearing in the form and manner required by Law. Presented by Approved as to form by Laurie M. Madigan Ann('Moor~ Community Development Director City toAt[9[.Qey J:\COMMDEV~RESOS\CC Reso Joint Hearing Merged Areas.doc PAGE 1, ITEM NO.: ~ MEETING DATE: 08-19-03 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: a) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO CIRCULATE A DRAFT 2003 AMENDMENT, IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN, FOR THE BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT, AND CALLING FOR AND CONSENTING TO A JOINT PUBLIC HEARING WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR THE PROPOSED 2003 AMENDMENT b) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE PROPOSED REVISED ADDED AREA BOUNDARY FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA, AUTHORIZING STAFF TO CIRCULATE A DRAFT 2003 AMENDMENT, IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN, FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT, AND CALLING FOR AND CONSENTING TO A JOINT PUBLIC HEARING WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR THE PROPOSED 2003 AMENDMENT C) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING AND MAKING AVAILABLE FOR PUBLIC REVIEW DRAFT AMENDED AND RESTATED RULES GOVERNING PARTICIPATION AND REENTRY PREFERENCES FOR PROPERTY OWNERS AND BUSINESS OCCUPANTS, AND AN AMENDED AND RESTATED METHOD OF RELOCATION SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~..~ ~ REVIEWED BY: EXECUTIVE DIRECTOR ~? ~ 4/5THS VOTE: YES ~ NO ~ BACKGROUND In an effort to extend economic development tools throughout commercial and industrial areas in the western part of Chula Vista, the Redevelopment Agency direded staff to initiate amendments to the existing redevelopment project area plans. As part of this process, the Planning Commission, Redevelopment Agency, and City Council have taken several actions during the past few months. However, due to circumstances further detailed in this report, several changes have been made to the Amendments as originally proposed. The amendment, as currently proposed, consists of the merger of the Bayfront and the Town Centre I Redevelopment Plans into a single Merged and PAGE 2, ITEM NO.: MEETING DATE: 08-19-03 Restated Redevelopment Plan, and the merger of the of the Town Centre II, Otay Valley, Southwest, and the inclusion of a fourth constituent projed area known as the 2003 Amendment Constituent Area (hereinafter referred to as the "Added Area") into a single Merged and Restated Redevelopment Plan. The Added Area consists of approximately 550 acres of non-contiguous commercially and industrially zoned property in west Chula Vista as shown in the site map (see A~tachment A). The proposed changes to the amendments are being presented to the Redevelopment Agency for consideration. At the same time, staff is submitting for Agency consideration the draft documents, which include the Merged and Restated Redevelopment Plans for the Nvo areas, the proposed Method of Relocation and the Owner Participation Rules, and is requesting that the Agency authorize staff to make those documents available to the general public and public entities for review and comment. This item and a similar item on tonights Agenda requests Council action to consent to the Joint Agency/Council Public Hearing being set for November 1 I, 2003 to consider the proposed Amendments. RECOMMENDATION That the Redevelopment Agency adopt the following resolutions: a) A resolution authorizing staff to circulate a draft 2003 Amendment (in the form of an amended and restated Redevelopment Plan) for the Bayfront/Town Centre I Redevelopment Proiect and calling for and consenting to a joint public hearing with the City Council on the proposed 2003 Amendment; b) A resolution approving the proposed revised added area boundary for the Merged Chula Vista Redevelopment Project Area, authorizing staff to circulate the draft 2003 Amendment (in the form of an amended and restated Redevelopment Plan) for the Merged Chula Vista Redevelopment Project, and calling for and consenting to a joint public hearing with the City Council for the proposed 2003 Amendment; and c) A resolution adopting and making available for public review draft amended Rules Governing Participation and Reentry Preferences for Property Owners and Business Occupants, and an amended and restated Method of Relocation, each to be applicable to all of the redevelopment project areas in Chub Vista. BOARDS/COMMISSIONS RECOMMENDATION: On July 30, 2003, the Planning Commission reviewed the proposed changes to the boundaries of the Added Area and recommended approval of the proposed revised boundaries to the Redevelopment Agency and City Council. PAGE 3, ITEM NO.: MEETING DATE: 08-19-03 DISCUSSION The Agency initiated a series of redevelopment plan amendments in November 2002 to enhance the ability of the Agency to undertake redevelopment projects in the existing redevelopment project areas and other portions of west Chula Vista. Initially, Agency staff and consultants were considering the possibility of merging all five existing project areas into a single project area, adding approximately 522 acres of properly, and extending the authority to use eminent domain in the Town Centre II and Otay Valley constituent project areas. However, Agency staff and consultants have fully reviewed the feasibility of the merger and project area expansion and determined that changes to the proposed amendment would be necessary. After analysis by the Agency's financial advisor, bond counsel, and other consultants, staff determined that a merger involving the Bayfront and Town Centre I areas would subject all of the project areas to the economic uncertainties surrounding development in the Bayfront, including the disposition of the Duke power generating facility. Presently, it remains uncertain how Bayfront assessed values will be affected by the reconstruction of a new power facility--this uncertainty is taken into account by bond rating agencies and underwriters when the Agency pursues financings. Merging the Bayfront/Town Centre I project areas (which were previously merged in 1979) with the remaining project areas, would add a potential cloud over financing in the latter areas. Thus, staff determined that it is not advisable to merge all the project areas as initially proposed. The revised amendment proposal involves the consolidation of the Bayfront and Town Centre I redevelopment plans into a single amended, merged, and restated redevelopment plan (to be known as the Bayfront/Town Centre I Redevelopment Plan}, including updating the public improvement and facility projects list in the Plan. The second change to the proposed amendments involve adding and removing properly from the proposed Added Area to the Merged Chula Vista Redevelopment Project Area (also known as the Town Centre II, Otay Valley and Southwest Redevelopment Project Areas}. The Added Area was initially approved ahd designated by the Planning Commission on November 20, 2002 and the Agency on November 26, 2002. Upon additional detailed analysis, staff has determined that the originally proposed Added Area boundary requires modifications to (i) exclude a few residential properties unintentionally included in the initial area (including a portion of a mobile home park), and (ii) include the KOA Campground facility that may be a candidate for future redevelopment that would facilitate the development of nearby sites. In order to formally proceed with the proposed 2003 Amendments, it is time for the Agency to make certain documents available to the Planning Commission, the Town Centre I Project Area Committee, the Added Area Projed Area Committee, affected taxing agencies, and the general public. These documents include the ~wo draft 2003 Amendments (in the form of amended and restated redevelopment plans), the owner participation rules, and a method of relocation. Finally, the Agency and City Council will need to schedule a joint public hearing, proposed to be held on November 11, 2003. PAGE 4, ITEM NO.: MEETING DATE: 08-19-03 To implement this step, the Agency will need to consider three resolutions tonight. These resolutions involve formally modifying the boundaries of the Added Area, making available the two draft 2003 Amendments (again, in the form of draft amended and restated Redevelopment Plans), scheduling the joint public hearings on the two 2003 Amendments, and making available for public review owner participation rules and a method of relocation. Consideration of the 2003 Amendments would occur after the conclusion of the November 11, 2003 public hearings on the two 2003 Amendments. The proposed two Amendments entail the following components: Bayfront/Town Centre I Redevelopment Plan · Consolidate the Bayfront and Town Centre I redevelopment plans into a s~ngle amended, consolidated, and restated redevelopment plan document (to be known as the Bayfront/Town Centre I Redevelopment Plan), including updating the public improvement and facility projects list in the Plan. Merged Chula Vista Redevelopment Plan · Consolidate the Town Centre II, Otay Valley, and Southwest redevelopment plans into a single amended, consolidated, and restated redevelopment plan document (to be known as the Merged Chula Vista Redevelopment Plan), including updating the public improvement and facility proiects list in the Plan; · Incorporate the Added Area (approximately 550 acres of property located throughout west Chula Vista) within the Merged Chula Vista Redevelopment Proiect Area; · Reestablish eminent domain authority for a period of 12 years on all properly within the Otay Valley subarea of the Merged Project Area; and · Reestablish eminent domain authority for a period of 12 years on all properly (except for residentially-occupied property in a residential zone} in the Town Centre II subarea of the Merged Project Area. Amended and Restated Redevelopment Plans The two Amendments would result in a new series of documents that would govern redevelopment within the project areas and would provide uniform and consistent policies. The most critical of these documents are the redevelopment plans, which dictate the various redevelopment tools the Agency may employ, and which contain financial and time limitations prescribed by Law. In both cases, the 2003 Amendments are in the form of an Amended and P~estated Redevelopment Plan, with one applicable to Merged Town Centre I/ Bayfront Project Area and the other applicable to the Merged Chula Vista Redevelopment Project Area. Both Amended and P~estated Plans include a consolidated list of public improvements and facility projects based upon the current needs of the respective Project Areas. This list is intended to PAGE 5, ITEM NO.: MEETING DATE: 08-19-03 indicate some of the potential redevelopment projects that could occur in the respective Project Areas, but the projects are not being approved as a part of the Amendment. Further environmental analysis and review with City building codes and policies may be necessary in the future. The 2003 Amendment applicable to the Merged Chula Vista Redevelopment Plan also provides for eminent domain authority in the Town Centre II and Otay Valley constituent project areas, as this 2003 Amendment proposes to reinstate this authority in these three constituent areas, except legally occupied residential property in a residential zone in the Town Centre II. (This exemption for residential properly in a residential zone is consistent with the authority in the Southwest constituent project area.) Presently, the Agency has eminent domain authority to some degree within the other existing constituent project areas (Bayfront, Town Centre I, and, as a result of a recent amendment approved by the City Council last November, Southwest}, and is proposing eminent domain authority in the Added Area of the Merged Chula Vista Redevelopment Project Area. Reestablishing this authority within the Town Centre II and Otay Valley areas provides additional uniformity among all parts of the Project Areas, and provides the Agency a critical tool to redeveloping properly in these areas where lot assembly and consolidation is needed to accomplish redevelopment projects. Though rarely used by the Agency, eminent domain is a critical adjunct to land acquisition negotiations, particularly in instances where a single property owner can hold out and stall redevelopment progress. The Agency has no plans to acquire properly in Otay Valley, Town Centre II, or the Added Area today, but over the next several years, it is conceivable that acquisition could be involved in a redevelopment project. The 2003 Amendment applicable to the Merged Chula Vista Redevelopment Project Area proposes to establish eminent domain authority on all property in the Otay Valley constituent project area (as well as the Added Area}, again except for legally occupied residential property in a residential zone in the Town Centre II. (This exemption for residential property in a residential zone is consistent with the authority in the Southwest constituent project area). Owner Participation Rules and Method of Relocation Redevelopment Law requires that the Agency have rules to govern owner participation and business occupant reentry for each redevelopment project area, as well as a method of relocation for families and persons to be temporarily or permanently displaced. These rules established that no persons or families of Iow- and moderate-income shall be displaced unless and until there is suitable replacement housing available. The Agency currently has five different sets of owner participation rules for each of the five constituent project areas. Because these rules were adopted at different times (as each constituent project area was originally established) the existing rules are procedurally inconsistent and unnecessarily cumbersome. In light of the Agency's current effort to adopt amended and restated Redevelopment Plans, staff and consultants have prepared new, consolidated owner participation rules and a consolidated relocation method to remove these inconsistencies. PAGE 6, ITEM NO.: MEETING DATE: 08-'19-03 The attached resolution adopts amended Rules Governing Participation and Preferences by Properly Owners and Business Occupants. The owner participation rules provide guidelines for the participation of property owners, operators of business and business tenants in the Projed Areas. In certain instances when the Agency undertakes redevelopment of a specific properly in any of the Projed Areas, or a property owner, business operator or business tenant wishes to padicipate in the redevelopment process, the Rules outline the procedures to be followed to ensure that both the rights of the participant in the redevelopment process are preserved and the goals stated in the Redevelopment Plans are achieved. The same resolution also adopts a new Method of Relocation for the Projed Areas, which provides similar uniformlY/ and consistency with all applicable laws, including State Relocation Law and the State Relocation Guidelines. As a public agency, the Agency is required to adhere to these State laws and guidelines. The Method of Relocation sets forth the general policies that will guide the Agency if an Agency project causes any family, individual, business, or non-profit 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 California Redevelopment Agencies," a comprehensive and detailed plan need not be developed until relocation is imminent. At that time, a more specific analysis will be prepared, pursuant to Section 6038 of Title 25 of the California Code of Regulations. Relocation of displaced persons, families, businesses, and community organizations within the Merged Chula Vista Project Area and the Bayfront/Town Centre I Project Area will be accomplished in full compliance with the State Relocation Law and State Relocation Guidelines as then in effect. Consistent with the State Relocation Law and State Relocation Guidelines, it is the policy of the City Council and the Agency that: · Uniform, fair, equitable treatments shall be afforded to persons, families, businesses, and community organizations displaced as a result of an Agency projed. · No persons or families of Iow- and moderate-income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such persons that is safe, decent and sanitary and available at comparable rents. · All displaced families and individuals will be afforded the opportunity to live in a decent, safe and sanitary dwelling without overcrowding. · The cost of such housing shall be reasonable relative to family income. · There will be no discrimination based upon race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in relocation activities. · Displaced households will be offered the opportunity to occupy housing that is reasonably accessible to their places of employment, public transportation, shopping and public facilities. PAGE 7, ITEM NO.: MEETING DATE: 08-19-03 · Business concerns and nonprofit organizations to be displaced will be provided assistance to aid in their reestablishment in the new location. · 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. Joint Public Hearings Redevelopment Law requires that the Agency and City Council conduct public hearings on a redevelopment plan amendment before the City Council considers an amending ordinance. In lieu of conducting separate hearings, Section 33458 of the Law permits the Agency and City Council to hold a joint public hearing for each amendment. The aflached resolution authorizes such a joint public hearing. In that there are separate amendments to the Bayfront/Town Centre Redevelopment Plan and the Merged Chula Vista Redevelopment Plan, the Agency and City Council will conduct ~wo joint public hearings, one on each proposed amendment, on the same evening. The joint public hearings are scheduled for Tuesday November 11, 2003, immediately following the City Council meeting, which starts at 6:00 p.m. Notice of the joint public hearings involves publication in a newspaper of general circulation for four successive weeks, plus mailing the notice to all properly owners, business owners, residents, and affected taxing agencies in the Project Areas. The mailed notice will be sent at least 30 days before the joint public hearings as required by Law. In a continuing effort to address public questions on the amendment process, staff will be holding a public workshop approximately 2 weeks before the public hearings. FISCAL IMPACT The costs associated with the 2003 Amendments have been included in the Agency's budget, and involve consultant and legal services, direct and indirect costs of publishing and mailing public hearing notices, and other incidental staff and overhead costs. A contract amendment for Rosenow Spevacek Group (RSG) (consultant preparing the Plan Amendments) is also on tonight's agenda. ATTACHMENTS Attachment A: Added Area Map J:\COMMDEV~STAFF.REP\08-19-03\Redevelopment Plan Amendment - Agency Item.doc [08/12/2003 1:21 PM] ATTACHMENT A LEGEND Merged Chula Vista Redevelopment Project Area J J ,~d~d ^,~; ~o..d;~y --~ Exhibit A: Revised Added Area RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO CIRCULATE A DRAFT 2003 AMENDMENT, IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN, FOR THE BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT AND CALLING FOR AND CONSENTING TO A JOINT PUBLIC HEARING WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR THE PROPOSED 2003 AMENDMENT WHEREAS, on July 16, 1974 the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1541 approving a redevelopment plan for the Bayfront Redevelopment Project and has subsequently amended said redevelopment plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No. 2146, on January 4, 1994 by Ordinance No. 2585, on November 8, 1994 by Ordinance No. 2608, and on July 7, 1998 by Ordinance No. 2734 ("Bayfront Plan"); and WHEREAS, on July 6, 1976 the City Council adopted Ordinance No. 1691 approving a redevelopment plan for the Town Centre I Redevelopment Project and has subsequently amended said redevelopment plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No. 2146, on January 4, 1994 by Ordinance No. 2585, on November 8, 1994 by Ordinance No. 2609, and on July 7, 1998 by Ordinance No. 2735 ("Town Centre I Plan"); and WHEREAS, by Ordinance No. 1872, the Bayfront Plan and Town Centre I Plan were merged to facilitate the sharing of financial resources pursuant to Sections 33480 through 33484 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"); and WHEREAS, even though the Bayfront Plan and the Town Centre I Plan were merged as described in the previous Recital, the two plans remained separate documents, each governing its respective constituent area; and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") desires to amend the previously merged Bayfront Plan and Town Centre I Plan to amend and consolidate the two redevelopment plans into a single redevelopment plan document ("2003 Amendment"), and has prepared an Amended and Restated Redevelopment Plan attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et ~eq ("Law"), a joint public hearing on the 2003 Amendment may be held with the consent of the City Council and Agency. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista hereby: 1. Authorizes staff to circulate the draft 2003 Amendment, in the form of the Amended and Restated Redevelopment Plan for the Bayfront/Town Centre I Redevelopment Project attached hereto as Exhibit "A", as required by Law. 2. Calls for and consents to holding a joint public hearing with the City Council and Redevelopment Agency of the City of Chula Vista on November 11, 2003 at 6:00 p.m., immediately following the City Council meeting, in the Council Chambers, for the purpose of considering the proposed 2003 Amendment (in the form of the Amended and Restated Redevelopment Plan) to the Bayfront/Town Centre ! Redevelopment Project, and directs staff to give notice of the joint public hearing in the form and manner required by Law. Laurie M. Madigan Community Development Director J:\COMMDEV~RESOS~Agency Resos - Plan Amendment & Expansion Process.doc EXHIBIT "A" DRAFT 2003 AMENDMENT, IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN, FOR THE BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT Bayfront/Town Centre I Redevelopment Project Amended and Restated Redevelopment Plan August 19, 2003- DRAFT Redevelopment Agency of lhe City of Chula V'~sta 276 Fourlh Avenue Chula Vista, California 91910 Rosenow Spev~cek Group, Inc. 217 N. Main Street. Suite 300 Santa ^na, California 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com Amended and Restated Redevelopment Plan Bayfront/Town Centre I Redevelopment Project SECTION I (100) INTRODUCTION ........................................... 1 SECTION II (200) GENERAL DEFINITIONS .............................. 2 SECTION III (300) PROJECT AREA BOUNDARIES .................. 4 SECTION IV (400) REDEVELOPMENT PLAN GOALS ................ 4 Original and Amended Bayfront Constituent Areas .................................. 4 Town Centre I Constituent Area ................................................................... 5 SECTION V (500) REDEVELOPMENT PLAN ACTIONS ............. 6 (501} General ......................................................................................... 6 (502) Property Acquisition ................................................................... 8 (505) Participation by Owners and Persons Engaged in Business ...................................................................................... 9 (509) Implementing Rules .................................................................. 1 t (5t0) Cooperation with Public Bodies .............................................. 11 (511) Property Management .............................................................. 12 (512) Payments to Taxing Agencies ................................................. t2 (513) Relocation of Persons Displaced by a Project ...................... '13 (516) Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste ..................... 13 (521) Rehabilitation, Moving of Structures by the Agency and Seismic Repairs ......................................................................... 15 (526) Property Disposition and Development ................................. 16 (534) Low-and Moderate-Income Housing ...................................... 20 SECTION VI (600) USES PERMITTED IN THE PROJECT AREA .................................................................... 21 C:~)OCUMENTS AND SETTINGSWIIGU EL~LOCAL SETTINGS~TEMPORARY ~NTERNET FILES~OLK12~BAYTC 1 ~EDEVELOPMENT PLAN DCC AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT (601) Maps and Uses Permitted ........................................................ 21 (602) Public Uses ................................................................................ 2'1 (605) Nonconforming Uses ................................................................ 22 (606) Interim Uses ............................................................................... 22 (607) General Control and Limitations ............................................. 22 (617) Design for Development ........................................................... 25 (618) Building Permits ........................................................................ 25 SECTION VII (?00) METHODS FOR FINANCING THE PROJECT .............................................................. 26 (70t) General Description of the Proposed Financing Methods... 26 (702) Tax Increment Revenue ............................................................ 26 (703) Agency Bonds ........................................................................... 28 (704) Other Loans and Grants ........................................................... 28 (705) Rehabilitation Loans, Grants, and Rebates ............................ 28 SECTION VIII (800) ACTIONS BY THE CITY ........................... 29 SECTION IX (900) ADMINISTRATION AND ENFORCEMENT... 30 SECTION X (1000) PLAN LIMITATIONS .................................. 30 (100t} Amount of Cumulative Tax Increment Revenue .................... 30 (1002) Amount of Bonded Indebtedness Outstanding At Any One Time ............................................................................................ 30 (t003) Time Frame to Incur Indebtedness ......................................... 31 (1004) Duration of This Plan ................................................................ 31 (1005) Time Frame to Collect Tax Increment Revenue ..................... 31 SECTION Xl (1100) PROCEDURE OF AMENDMENT ................ 32 Exhibit A - Project Area Map ................................................... 33 Exhibit B - Legal Description .................................................. 35 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT Exhibit C - Listing of Proposed Public Facilities and Infrastructure Projects ........................................ 37 Public Infrastructure Projects ..................................................................... 37 Community Facilities ................................................................................... 37 Exhibit D - Diagram of Current Permitted Land Uses ............ 38 Amended and Restated Redevelopment Plan Bayfront/Town Centre I Redevelopment Project (101) This is the amended and restated Redevelopment Plan for the Bayfront/'rown Centre I Redevelopment Project ("Plan"), located in the city limits of Chula Vista, California. It consists of the text (Sections 100 through 1100); the Map of the Bayfront/Town Centre I Redevelopment Project Area ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), a listing of the proposed, public facilities and infrastructure improvement projects (Exhibit C), and a diagram of current permitted land uses (Exhibit D). The Project Area consists of three constituent redevelopment project areas: · the Original Bayfront Redevelopment Project Area (hereinafter defined as the "Original Bayfront Constituent Area"); · the Town Centre I Redevelopment Project Area (hereinafter defined as the "Town Centre I Constituent Area"); The Original Bayfront Constituent Area and the Town Centre/Constituent A~B ~ preVio~sly rnerged~ Juty ~7, ~979, by Ordinance No ~872 (the Odgina~ Bayfront Constituent ~b e~d the T_o.~W~_ Centre i co~ue~t ~rea is herein~fter ~fe~ to ~lleb~ly eS ~e ~t/Town Ce~tre i · the Amended Bayfront Constituent Area which consists of an area added to the Odginal Bayfrent Constituent Area portion of the BayfrentFFown Centre I Merged Area. This Plan has been prepared by the Redevelopment Agency of the City of Chula Vista, Califomia ("Agency") pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.), the California Constitution, and all applicable laws and ordinances. This Plan provides the Agency with powers, d~ies and obligations to implement the program generally formulated in this Plan for the redevelopment, rehabilitation, and revitalization of the Project Area. This Plan does not present a specific plan or establish priorities for specific projects for the redevelopment, rehabilitation, and revitalization of any particular property or area within the Project Area. Instead, this Plan presents a process and a basic framework within which specific development plans will be presented, priorities for specific projects will be .os..ovv AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT established, and specific solutions will be proposed, and by which tools are provided to the Agency to fashion, develop, and proceed with such specific plans, projects, and solutions. Many Df the requirements contained in this Plan are necessitated by and in accordance with statutory provisions in effect at the time of adoption of this Plan. Such statutory provisions may be changed from time to time and this Plan shall be automatically superseded by such statutory changes to the extent the Plan is required to be in conformity with such statutory changes (and all other terms of the Plan shall remain in full force and effect). The following definitions will be used generally in the context of this Plan unless otherwise specified herein: A. "Agency" means the Redevelopment Agency of the City of Chula Vista, California. B. "Annual Work Program" means that portion of the Agency's annual budget that sets forth programs and goals to be accomplished by the Agency dudng the fiscal year. C. "City" means the City of Chula Vista, California. D. "City Council" means the legislative body of the City. E. "County" means the County of San Diego, California. F. "Disposition and Development Agreement" means an agreement between a developer and the Agency that sets forth terms and conditions for improvement and redevelopment. G "General Plan" means the General Plan of the City, the comprehensive and long-term general plan for the physical development of the City, as it exists today or is hereafter amended. H. "Legal Description" means the metes and bounds legal description of the Project Area attached hereto as Exhibit B. I. "Map" means the map of the Project Area attached hereto as Exhibit A. J. "Method of Relocation" means the methods or plans adopted by the Agency pursuant to Sections 33352(0 and 33411 of the Redevelopment Law for the relocation of families, persons and businesses to be temporarily or permanently displaced by actions of the Agency. ROSENOW SPEVACEK GROUP, INC. ~-O~ ~ ~:~ PAGE 2 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT. rrowN CENTRE I REDEVELOPMENT PROJECT K. "Owner" means any person owning fee title to, or a long-term leasehold interest in (a term of 20 years or more with at least 10 years remaining on such term), real property within the Project Area. L. "Owner Participation Agreement" means an agreement between the Agency and an Owner, which sets forth terms and conditions for use of property, and/or its improvement and/or its redevelopment as to a specific property. M. "Participant" means an Owner who has entered into a Participation Agreement with the Agency. N. "Person" means an individual(s), or any public or private entities. O. "Plan" means this Amended and Restated Redevelopment Plan for the Bayfront/Town Centre I Redevelopment Project, as amended by Ordinance No. on P. "Project" means the Bayfront/Town Centre I Redevelopment Project. Q. "Project Area" means the Bayfront/Town Centre I Redevelopment Project Area, which is the territory this Plan applies to, as shown on Exhibit A. R. "Amended Bayfront Constituent Area" means the territory added to the Original Bayfront Constituent Area by Ordinance No. 2734 adopted on July 7, 1998. S. "Original Bayfront Constituent Area" means the Bayfront Redevelopment Project Area established on July 16, 1974 by Ordinance No. 1541, and amended by Ordinance No. 1872 on July 17, 1979, by Ordinance No. 2146 on Apdl 22, 1986, Ordinance No. 2585 on January 4, 1994, and Ordinance No. 2608 on November 8, 1994. T. "Town Centre I Constituent Area" means the Town Centre I Redevelopment Project established by Ordinance No. 1691 on July 6, 1976, and amended by Ordinance No. 1872 on July 17, 1979, Ordinance No. 2146 on Apdl 22, 1986, Ordinance No. 2585 on January 4, 1994, Ordinance No. 2609 on November 8, 1994, and Ordinance No. 2735 on July 7, 1998. U. "Redevelopment LaW' means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.) as it now exists or may be hereafter amended. V. "State" means the State of California. W. "State La~/' means an enactment of State of California, and includes such regulations as have the force of law. ROSENOW SPEVACEK GROUP, INC. ..~ ~ / ~ PAGE 3 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT The boundaries of the Project Area are illustrated on the map attached hereto and incorporated herein as Exhibit A. The legal description of the boundaries of the Project Area is as described in Exhibit B attached hereto and incorporated herein. This Plan is intended to achieve the following goals which are identical to those contained in the initial redevelopment plans for the three constituent areas of the Project Area: Original and Amended Bayfront Constituent Areas · Create physical buffers which ameliorate the adverse effects of changing land uses along interfaces. · Discourage piecemeal planning practices · Provide adequate roadways to correct street alignment problems, to provide adequate circulation and access to freeways. · Eliminate and preventing the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the Project Area in accordance with this Plan and future Annual Work Programs. · Encourage toudsm, including the development of high-quality hotels, motels, restaurants, and meeting facilities. · Provide for the enhancement and renovation of businesses within the Project Area to promote their economic viability. · Encourage cooperation and participation of property owners, business persons, public agencies and community organizations in the revitalization of the Project Area. · Stimulate investment of the pdvate sector in the full development of the Project Area. · Provide needed improvements to the community's recreational, cultural, and other community facilities to better serve the Project Area. · Promote public improvement facilities which are sensitive to the unique environment qualities of the Project Area. ROSENOWSPEVACEKGROUP, INC. ~,~,. __ / / PAGE4 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT · Expand the resource of developable land by making underutilized land available for development. · Renovate and restore sites characterized by deficiencies including, but without limitations, conditions of soil which render private development infeasible or impractical · Alleviate certain environmental deficiencies including substandard vehicular and pedestrian circulation systems, insufficient off-street parking and other similar public improvements. · Improve local drainage conditions that constrain the development of vadous parcels in the Project Area, the cost of which cannot be borne by private enterprise, governmental action, or both, without redevelopment. · Achieve an environment reflecting a high level of concern for architectural, landscape, and urban design principles appropriate to the objectives of this Plan. · Provide Iow and moderate income housing as is required to satisfy the needs and desires of the various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State Law. · Develop safeguards against noise and pollution to enhance the industrial/commercial community. · To the extent possible, for all redevelopment projects undertaken under this Plan, preference in hiring for jobs created by these redevelopment actions should be given to City residents. Town Centre I Constituent Area · Eliminate blighting influences, including incompatible and noxious land uses, obsolete structures and inadequate parking facilities. · Eliminate environmental deficiencies including, among others, small and irregular lot and block subdivisions, several poody planned streets, and economic and social deficiencies. · Strengthen mercantile posture of Town Centre I and the improvement of retail trade therein. · Renew Town Centre I's physical plant and the improvement of its land use patterns and spatial relationships. · Retain and expand viable land uses, commercial enterprises, and public facilities within the area. · Attract capital and new business enterprises to the core area. ROSENOW SPEVACEK GROUP, INC. ,.,~ _ / ~ PAGE 5 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/T'OWN CENTRE I REDEVELOPMENT PROJECT · Beautify the area, including its buildings, open space, streetscape, and street furniture. · Encourage multi-family, middle-income residential units in and near the core area. · Accommodate future local and regional mass transit and related facilities; improvement of off-street parking areas and provision for a mini-transit intra- project system. · Establish Town Centre I as the South Bay's principal center for specialty goods and services. · Establish design standards to assure desirable site design and environmental quality. · Re-circulate the people of Chula Vista to their core area, and the resultant promotion of a sense of "towness" (towness is a unique feeling spawned by an emotional relationship between people and their city. This feeling is founded upon a sense of belonging. When the people feel that they belong to their city and that their city belongs to them, a state of towness exists). (501) General The Agency proposes to alleviate and prevent the spread of blight and deterioration in the Project Area through: 1. The acquisition, installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities, buildings, structures, parks, playgrounds, and other public improvements. 2. The rehabilitation, remodeling, demolition, or removal of buildings, structures, and improvements. 3. The rehabilitation, development, preservation, provision, or construction of affordable housing in compliance with State Law. 4. Providing the opportunity for participation by owners and tenants presently located in the Project Area and the extension of preferences to persons engaged in business desiring to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced occupants in accordance with applicable State Law. ROSENOW SPEVACEK GROUP, INC. ~- ~. _ /..~ PAGE 6 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT 6. The development or redevelopment of land by pdvate enterprise or public agencies for purposes and uses consistent with the objectives of this Plan. 7. The acquisition of real property, personal property, any interest in property, and improvements on the property by purchase, lease, option, grant, bequest, gift, devise, or any other lawful means, or, where it is deemed necessary, by exercising the power of eminent domain, as permitted by Section 503 of this Plan, after conducting appropriate public hearings and making appropriate findings. 8. Site preparation and development and construction of necessary off-site improvements. 9. Improving open space. 10. Managing property acquired by the Agency. 11. Providing financing for the assistance of commercial and industrial development that increases the economic base of both the Project Area and the City, and the number of temporary and permanent jobs. 12. The disposition of real property, personal property, any interest in property, and improvements on the property through methods such as sale, lease, exchange, subdivision, transfer, assignment, pledge, encumbrance or any other lawful means of disposition. 13. Recommending standards to ensure that property will continue to be used in accordance with this Plan. 14. The closure or vacation of certain streets and the dedication of other areas for public purposes. 15. Providing replacement housing, as required. 16. Applying for, receiving and utilizing grants and loans from federal or state governments or any other source. 17. Cleadng or moving buildings, structures or other improvements from any real property acquired by the Agency. 18. Exercising other powers authorized by the Redevelopment Law, including, but not limited to, environmental remediation activities, property rehabilitation, and predevelopment and planning efforts. To accomplish these actions and to implement this Plan, the Agency is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law to the extent not inconsistent with the Redevelopment Law. ROSENOW SPEVACEK GROUP, INC. ~--O.~ ~ ///--/ PAGE 7 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT (502) Property Acquisition 1. (503) Acquisition of Real Property The Agency may acquire real property by any means authorized by law, including by purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, exchange, cooperative negotiations, or eminent domain. The following limitations shall apply to the Agency's eminent domain authority in the Project Area: a. Within the Odginal Bayfront Constituent Area no action to acquire property by eminent domain shall be commenced after July 7, 2010, unless extended by amendment of this Plan. b. Eminent domain shall no._}t be used to acquire any property located in the Amended Bayfront Constituent Area. c. Within the Town Centre I Constituent Area, no eminent domain acquisition shall be commenced after July 7, 2010, unless extended by amendment of this Plan. d. Eminent domain may not be used to acquire property owned by a public body without the consent of that public body. e. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan pursuant to Sections 506 through 509 of this Plan and applicable provisions of the Redevelopment Law. 2. (504) Acquisition of Personal Property, Any Other Interest in Real Property, orAny Improvements in Real Property Where necessary in the implementation of this Plan, the Agency is authorized to acquire personal property, any other interest in real property and any improvements on real property including ROSENOWSPEVACEKGROUP, INC. ,.~4[ --/~-'"" PAGE8 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT repurchase of developed property previously owned by the Agency by any lawful means. (505) Participation by Owners and Persons Engaged in Business 1. (506) Owner Participation This Plan provides for opportunities for participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with this Plan and rules adopted by the Agency to implement these provisions, 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 Owner'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 Owners to rehabilitate or develop property jointly with other persons or entities. Owner Participation opportunities shall be subject to and limited by factors and requirements including: a. 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, modernization, construction, land assembly, and/or acquisition of the subject properly 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. b. 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 ROSENOW SPEVACEK GROUP, INC. ,,.~l. - /' ~ PAGE 9 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT,q-OWN CENTRE I REDEVELOPMENT PROJECT zoning, building and safety laws and regulations; and the redevelopment proposal for the development site approved by the Agency. c. 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. d. 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. e. Consideration of the elimination and/or change of land uses, particularly nonconforming land uses as specified in City codes. f. The Agency shall consider the need to realign, abandon, vacate, widen, or open public rights-of-way and the indirect effects of such acts. g. Consideration of any reduction in the total number of individual parcels in the Project Area. h. Consideration of whether the proposal involves land assembly and development of areas for public and/or pdvate development in accordance with the Plan. 2. (507) Reentry Preferences for Persons En,qa,qed in Business in the Project Area The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the Agency's rules governing owner participation and re-entry. 3. (508) Owner Participation Agreements Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. In the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of such ROSENOW SPEVACEK GROUP, INC. ,.O~o.. - / '~ PAGE 10 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT. rrowN CENTRE I REDEVELOPMENT PROJECT documents as are necessary to make the provisions of this Plan applicable to their properties. Owner Participation Agreements shall include appropriate remedies such as the ability of the Agency to declare the Owner Participation Agreement terminated and acquire the real property or any interest therein, and sell or lease such real property or interest therein for rehabilitation or development in accordance with this Plan in the event a participant breaches the terms of such Owner Participation Agreement. If conflicts develop between the desires of participants 'for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences to persons who are engaged in business in the Project Area re-entering in business within the redeveloped area if they otherwise meet the requirements prescribed by the Plan. Where the Agency determines that a proposal for participation is not feasible, is not in the best interests of the Agency or City or that redevelopment can best be accomplished without affording a participant an opportunity to execute an Owner Participation Agreement, the Agency shall not be required to execute an Owner Participation Agreement. (509) Implementing Rules The provisions of Sections 505 through 508 of this Plan shall be implemented according to the rules adopted by the Agency pdor to the approval of the Ordinance, which rules may be amended from time to time by the Agency. (510) Cooperation with Public Bodies Certain public bodies are authorized by State Law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. Property of a public body shall not be acquired without its consent in accordance with State Law. The Agency shall seek the cooperation of all public bodies, which own or intend to acquire property in the Project Area. The Agency, to the extent permitted by law, may impose on all public bodies the planning and design controls contained in and authorized by this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is ROSENOWSPEVACEKGROUP, INC. ,,~o_ -- / ~2 PAGE 11 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT authorized, to the extent permitted by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area, subject to making applicable findings as required by the Redevelopment Law, subject to holding duly noticed public hearing when and as required by the Redevelopment Law. (511) Property Management During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such properties may be rented or leased by the Agency pending their disposition. (512) Payments to Taxing Agencies The Agency may pay, but is not required to pay, in any year during which it owns property in the Project Area directly to any City, County, or district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been tax-exempt, an amount of money in lieu of taxes that may not exceed the amount of money the public entity would have received if the property had not been tax-exempt. In addition, to the extent required by State Law, the Agency shall remit payments to the affected taxing agencies in a manner consistent with Section 33607.5, Section 33676, and any other pertinent and applicable sections of the Redevelopment Law. All such amounts shall be calculated after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted from the total amount of tax increment funds received by the Agency in the applicable fiscal year. Such payments shall be reduced in accordance with the provisions of Section 33607.5 of the Redevelopment Law or any other applicable statute. Such payments shall be the exclusive payments that are required to be made by the Agency to affected taxing entities for the duration of this Plan, unless this Plan is amended in a manner that requires application of Section 33607.7. Such payments may be subordinated to loans, bonds, or other Agency indebtedness as provided by the Redevelopment Law. The Agency may also pay to any affected taxing agency any amounts of money which the Agency has found are necessary and appropriate to alleviate financial burden or detriment caused by the Project pursuant to an agreement executed pdor to January 1, 1994. ROSENOW SPEVACEK GROUP. iNC. ,..~o_ -- / ~ PAGE 12 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT (513) Relocation of Persons Displaced by a Project 1. (514) Relocation Pro.qram In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et seq.) ("Relocation Assistance Act"), the Relocation Assistance and Real Property Acquisition Guidelines adopted and promulgated by the Califomia Department of Housing and Community Development ("Relocation Guidelines") and the the Agency shall provide relocation benefits and assistance to all "displaced" persons (including families, business concerns, and others) as may be required by law. Such relocation assistance shall be ~rovided in . the manner required by the Method of Relocation. (515) Relocation Benefits and Assistance The Agency shall provide all relocation benefits required by law and in conformance with the Method of Relocation, Relocation Guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable rules and regulations. (516) Demolition, Clearance, Public Improvements, Site Preparation and Removal of H~=t~dous Waste 1. (517) Demolition and Clearance The Agency is authorized, for property acquired by the Agency or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. 2. (518) Public Improvements To the greatest extent permitted by law, the Agency is authorized to install and construct, or to cause to be installed and constructed, the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Specifically, but without limitation, the Agency may pay for, install, or construct the buildings, facilities, structures, and other improvements identified in Exhibit C, attached hereto, and may acquire or pay for land required therefore. Additionally, the Agency is authorized to install and construct, or to cause to be installed and constructed, within or without the Project Area, for itself or for any public body or entity for the benefit of the Project Area, public buildings, facilities, structures, or other improvements, and the cost of the land therefore, except as expressly prohibited by the Redevelopment Law. The public facilities and infrastructure improvement projects that may be undertaken by ROSENOW SPEVACEK GROUP, INC. ,,~<:l. ~ ~ PAGE 13 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT the Agency pursuant to this Plan are identified in the City's General Plan, capital improvement program, or which is found to be consistent with the Agency's Section 33490 implementation plan, as such plans and programs are amended from time to time, and which plans and programs, as so adopted and thereafter amended, are incorporated herein by reference. The Agency, as it deems necessary to carry out the Plan and subject to the consent of the City Council, as may be required by the Redevelopment Law, may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or outside the Project Area, upon both the Agency and the City Council making the applicable determinations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the Agency may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or ail or part of the cost of such building, facility, structure or other improvements, or both, in accordance with the requirements of the Redevelopment Law. Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. 3. (519) Preparation of Building Sites Any real property owned or acquired by the Agency may be developed as a building site. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out this Plan. 4. (520) Removal of Hazardous Waste To the extent legally allowable, the Agency may, in its sole discretion, take any actions, which the Agency determines are necessary, and which are consistent with the Redevelopment Law and other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. ROSENOW SPEVACEK GROUP, INC. ,~3~¢~._ -- .7__. ! PAGE 14 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT (521) Rehabilitation, Moving of Structures by the Agency and Seismic Repairs 1. (522) Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be. rehabilitated and conserved, any property, building or structure owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the Agency to the extent permitted by the Redevelopment Law. The Agency is authorized to acquire, restore, rehabilitate, move and conserve buildings of histodc or architectural significance. The Agency is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shall be subject to the discretion of the Agency based upon such objective factors aS~ a. Compatibility of rehabilitation with land uses as provided for in this Plan. b. Economic feasibility of proposed rehabilitation and conservation activity. c. Structural feasibility of proposed rehabilitation and conservational activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency. e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. ROSENOW SPEVACEK GROUP, INC. ,,~-~ _ ~,~.,,~.... PAGE 15 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT 2. (523) Clearinq or Movinq Structures As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any building structures or other improvements from any real property acquired. 3. (524) Seismic Repairs For any project undertaken by the Agency within the Project Area for building rehabilitation or alteration in construction, the Agency may, by following all applicable procedures which are consistent with local, State (including the Redevelopment Law) and federal law, take those actions which the Agency determines are necessary to provide for seismic retrofits. 4. (525) Graffiti Removal Within the Project Area, the Agency after making the required findings may take any actions that it determines are necessary to remove graffiti from public or pdvate property. (526) Property Disposition and Development 1. (527) Real Property Disposition and Development a. (528) General For the purposes of this Plan, the Agency is authorized to sell, lease for a period not to exceed 99 years, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease or sale without public bidding after a noticed public hearing. Except as otherwise permitted by law, before any interest in property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall be first approved by the City Council by resolution after a noticed public headng, together with such findings as may then be required by the Redevelopment Law. The real property acquired by the Agency in the Project Area, except property conveyed by it to the City or any other public body, shall be sold or leased to public or private persons or entities for improvement and use of the property in conformance with this Plan. Real property may be conveyed by the Agency to the City, ROSENOW SPEVACEK GROUP, INC. ..~d4.. -- o~...~ PAGE 16 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT and where beneficial to the Project Area, to any other public body or private party without charge or for an amount less than fair market value provided all applicable findings are made and procedures followed as may be required by the Redevelopment Law. All purchasers or lessees of property from the Agency shall be obligated to use the property for the purposes designated in this Plan, to begin and complete improvement of such property within a pedod of time which the Agency fixes as reasonable, and to comply with other covenants, conditions, or restrictions to prevent speculation or excess profit taking in undeveloped land, including right of reverter to the Agency and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. During the period of redevelopment in the Project Area, the Agency shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. Such development must receive the approval of all appropriate public agencies. b. (529) Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or otherwise disposed of by the Agency, as well as all property subject to Owner Participation Agreements and Disposition and Development Agreements, shall be made subject to the provisions of this Plan by leases; deeds; contracts; agreements; declarations of covenants, conditions, and restrictions; provisions of the General Plan and zoning ordinance; and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended; conditional use permits; or other means. Where appropriate, as determined by the Agency, such ROSENOW SPEVACEK GROUP, INC. ~..~::~L ~ o~ ¢/ PAGE 17 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT documents or portions thereof shall be recorded in the office of the County Recorder. Leases, deeds, contracts, agreements, and declarations of covenants, conditions, and restrictions of the Agency may contain restrictions, conditions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. The Agency shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carded out pursuant to this Plan. The Agency shall obligate lessees and purchasers of real property acquired in the Project Area and owners of property improved as part of a redevelopment project to refrain from restricting the rental, sale or lease of the property on the basis of race, color, religion, sex, madtal status, ancestry, or national origin of any person. All deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain or be subject to such nondiscrimination and non- segregation clauses as are required by Redevelopment Law. 2. (530) Personal Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease for a pedod not to exceed 99 years, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property or any other interest in property by any lawful means. 3. (531) Prevention of Discrimination a. (532) Redevelopment The redeveloper shall comply with all state and local laws, in effect from time to time, prohibiting discrimination or segregation by reason of race, color, creed, religion, sex, madtal status, national origin or ancestry, in the sale, lease or occupancy of the property. Pursuant to the Redevelopment Law (Sections 33337 and 33435-33436), contracts entered into by the Agency relating to the sale, transfer or leasing of land, or ROSENOW SPEVACEK GROUP, INC. ,,~Z. - ~ ~" PAGE 18 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT any interest therein acquired by the Agency within any survey area or redevelopment project, shall comply with the provisions of said sections in substantially the form set forth therein. All such contracts shall further provide that the provisions of said sections shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. b. (533) Deeds, Leases, and Contracts All deeds, leases, and contracts which the Agency proposes to enter into with respect to the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of any land in the Project Area shall contain the following nondiscrimination and non-segregation clauses as prescribed by Redevelopment Law, Section 33436: In deeds the following language shall appear: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, madtal status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." In leases, the following language shall appear: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, madtal ROSENOW SPEVACEK GROUP, iNC. ..~-~2. -- 02 ~:~ PAGE 19 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT status, national odgin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." In contracts entered into by the Agency relating to the sale, transfer, or leasing of land or any interest therein acquired by the Agency, the following language shall appear: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national odgin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land. The foregoing provision shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument." (534) Low- and Moderate-Income Housin9 The Agency shall comply with all of the Iow- and moderate-income housing requirements of the Redevelopment Law which are applicable to this Plan, including applicable expenditure, replacement and inclusionary housing requirements, including but not limited to the following: No less than the percentage required by the Redevelopment Law (twenty percent, as of the date of adoption of this Plan) of all tax increment funds allocated to the Agency shall be used for the purposes of increasing, improving, and preserving the supply of Iow- and moderate-income housing available at affordable housing costs to persons and families of Iow or moderate income and very Iow income households that is occupied by these persons and families, unless the Agency makes annual findings by resolution as required under Redevelopment Law. The tax increment funds that are required to be used for increasing and improving the supply of Iow- and moderate-income housing shall be held ROSENOW SPEVACEK GROUP, INC. ,~2_ - c~ "~ PAGE 20 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT~'OWN CENTRE I REDEVELOPMENT PROJECT in a separate Low and Moderate-Income Housing Fund until used. The moneys in the Low and Moderate-Income Housing Fund shall be used to increase, improve, and preserve the supply of Iow- and moderate-income housing. Whenever dwelling units housing persons and families of Iow or moderate-income are destroyed or removed from the Iow- and moderate- income housing market as part of a redevelopment project, the Agency, within the time required by the Redevelopment Law (four years, as of the date of adoption of this Plan) of such destruction or removal, shall rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of Iow or moderate-income an equal number of replacement dwelling units at affordable housing costs within the Project Area or within the jurisdiction of the Agency in accordance with Redevelopment Law. (601) Maps and Uses Permitted The Map attached hereto as Exhibit A and incorporated herein illustrates the location of the Project Area boundaries. The land uses permitted by this Plan shall be those permitted by the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans, as they exist or as of the date of adoption of this Plan are hereafter amended. For informational purposes, a diagram of permitted uses as of the date of adoption of this Plan is presented on Exhibit D. (602) Public Uses 1. (603) Public Street Layout, Rights-of-Way and Easements The public street system and street layout for the Project Area is illustrated on the Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the General Plan, and all other state and local codes, guidelines, or master or specific plans, as they exist as of the date of adoption of this Plan or are hereafter amended. Certain streets and rights-of-way may be widened, altered, realigned, abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Additional easements may be created by the Agency and City in the Project Area as needed for proper development and circulation. The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian traffic as well as for public improvements, public and private utilities and activities typically found in public rights-of-way. ROSENOW SPEVACEK GROUP, INC. ,.~. - ,,~.~' PAGE 21 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. 2. (604) Other Public and Open Space Uses Both within and, where an appropriate finding has been determined, outside of the Project Area, the Agency may take actions to establish, or enlarge public, institutional, or non-profit uses, including, but not limited to, schools, community centers, auditorium and civic center facilities, theatres and cultural facilities, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic and charitable institutions or other similar associations or organizations. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform to all other applicable laws and ordinances and that such uses are approved by the City. The Agency may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. (605) Nonconforming Uses The Agency is authorized but not required to permit an existing use to remain in an existing building in good condition if the use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The Agency may take actions to, but is not required to, authorize additions, alterations, repairs or other improvements in the Project Area for buildings which do not conform to the provisions of this Plan where, in the determination of the Agency, such improvements would be compatible with surrounding Project Area uses and proposed development. (606) Interim Uses Pending the ultimate development of land by developers and owner- participants, the Agency is authorized to use or permit the use of any land in the Project Area for interim uses. Such interim use, however, shall conform to General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they exist as of the date of adoption of this Plan or are hereafter amended. (607) General Control and Umitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be subdivided, developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and ROSENOW SPEVACEK GROUP, INC. ,~O._ - ,'~.~ PAGE 22 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT provisions of this Plan and the regulations and requirements of the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended. The land use controls of this Plan shall apply to the applicable constituent project area until the "Date of Plan Termination" set forth in Table A in Section 1001 of this Plan. The type, size, height, number and use of buildings within the Project Area shall be as set forth in the City's General Plan and zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans, as they exist as of the date of adoption of this Plan or are hereafter amended. 1. (608) New Construction All construction in the Project Area shall comply with all applicable State and local laws in effect from time to time. In addition to the City land use regulations and requirements in the Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct improvement activities in the Project Area. 2. (609) Rehabilitation Any existing structure within the Project Area which the Agency enters into an agreement for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in accordance with the applicable law. 3. (610) Number of Dwellinq Units The General Plan, in effect as of the date of adoption of this Plan and as may hereafter be amended, shall regulate the total number of dwelling units in the Project Area. As of the date of adoption of this Plan, there are approximately nine hundred and fifty (950) dwelling units in the Project Area. 4. (611) Open Space and Landscaping The approximate amount of open space to be provided in the Project Area is the total of all areas so designated in the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans, as they exist as of the date of adoption of this Plan or are hereafter amended, and those areas in the public rights-of-way or provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with the standards of the City. ROSENOW SPEVACEK GROUP, INC. ~'-O. --~-~O PAGE 23 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT 5. (612) Limitations on Type, Size, Height Number and Proposed Use of Buildings The limits on building intensity, type, size, height, number and proposed use shall be established in accordance with the provisions of the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans, as they exist as of the date of this Plan or are hereafter amended. 6. (613) Si,qns All signs shall conform to the requirements of the City. Design of all proposed new signs shall be subject to the review of the City and any additional standards that may be adopted by the Agency to implement the goals of this Plan. 7. (614) Utilities The Agency, in conformity with the City municipal code, and City policies, shall require that all utilities be placed underground whenever physically possible and economically feasible. 8. (615) Subdivision of Parcels No parcels in the Project Area, including any parcel retained by a participant, shall be consolidated, subdivided or re-subdivided without the approval of the City. 9. (616) Variations The Agency is authorized to permit variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine all of the following: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property, which do not apply generally to other properties having the same standards, restrictions, and controls. c. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. ROSENOW SPEVACEK GROUP, INC. ,~"~-~ -- ~ / PAGE 24 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT d. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, and welfare, and to assure compliance with the purposes of this Plan. (617) Design for Development One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. The Agency shall not approve any plans that do not comply with this Plan except as permitted by Section 616 of this Plan. Within the limits, restrictions, and controls established in this Plan, and subject to the provisions of Sections 601 and 607 herein, the Agency is authorized to establish land use, heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both pdvate and public areas within the Project Area. No new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated except in accordance with this Plan and any such controls approved by the Agency. In the case of property, which is the subject of a Disposition and Development Agreement or an Owner Participation Agreement with the Agency, such property shall be developed in accordance with the provisions of such Agreement. (6t8) Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the Agency, any restrictions or controls established by the Agency, and any applicable participation or other agreements. ROSENOW SPEVACEK GROUP, INC. ~:~ --,~ ~__ PAGE 25 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT (701) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to finance implementation of this Plan in accordance with the Redevelopment Law and other applicable law, including but not limited to from assistance from local sources, the State and/or the federal government, property tax increment, interest income, Agency bonds, donations, loans from private financial institutions, or any other legally available source. The Agency is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the Agency. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in- kind assistance. Any assistance shall be subject to terms established by an agreement between the Agency, City and/or other public agency providing such assistance. Any such agreements in place as of the date of adoption of this Plan are hereby ratified by the Agency. The Agency may issue bonds or other obligations and expend their proceeds to carry out this Plan. The Agency is authorized to issue bonds or other obligations as appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation activities. The Agency shall pay the principal and interest on bonds or other obligations of the Agency as they become due and payable. (702) Tax Increment Revenue For the purposes of the collection of property tax revenue pursuant to this Plan, the term effective date of the ordinance as used in this Section 702 shall mean and refer to: · Odginal Bayfront Constituent Area established by Ordinance No. 1541: August 15, 1974. · Town Centre I Constituent Area established by Ordinance No. 1691: August 15, 1976. · Amended Bayfront Constituent Area established by Ordinance No. 2734: August 6, 1998. ROSENOW SPEVACEK GROUP, INC. ~-'~2- ~ ,~ ~ PAGE 26 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONTFrOWN CENTRE I REDEVELOPMENT PROJECT All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City, district, or other public corporation (hereinafter called "Taxing Agency" or "Taxing Agencies") after the effective date of the ordinance, shall be divided as follows: 1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said Taxing Agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such Taxing Agency, last equalized prior to the effective date of the ordinance, shall be allocated to and when collected shall be paid to the respective Taxing Agencies as taxes by or for said Taxing Agencies on all other property are paid (for the purpose of allocating taxes levied by or for any Taxing Agency or Agencies which did not include the territory in the Project Area on the effective date of the ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date). 2. That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the Agency to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the Project and this Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph (1 .) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies. When said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies as taxes on all other property are paid. 3. That portion of the taxes in excess of the amount identified in paragraph (1.) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and interest on any bonded indebtedness for the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that Taxing Agency. This paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. ROSENOWSPEVACEKGROUP, INC. ,.~CL -- ,.~ (-/ PAGE27 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT The Agency is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the Agency pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the redevelopment program for the Project Area. (703) Agency Bonds The Agency is authorized to issue bonds and other obligations from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementation activities. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds or other obligations by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City, County, or the State; nor are any of its political subdivisions liable for them; nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Agency; and such bonds and other obligations shall so state on their face. The bonds and other obligations do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. (704) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the federal govemment, the State, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. In addition, the Agency may make loans as permitted by law to public or private entities for any of its redevelopment purposes. (705) Rehabilitation Loans, Grants, and Rebates To the greatest extent allowed by State Law, the Agency and the City may commit funds from any source to rehabilitation programs for the purposes of loans, grants, or rebate payments for self-financed rehabilitation work. The rules and regulations for such programs shall be those which may already exist or which may be developed in the future. The Agency and the City may seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. ROSENOW SPEVACEK GROUP, INC. ~.~¢~,.. ~..~'~ PAGE 28 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight Actions by the City may include, but shall not be limited to, the following: 1. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets, the street layout, and other public rights-of-way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the utility companies of their operations in public rights-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. 2. Institution and completion of proceedings necessary for changes and improvements to publicly-owned parcels and utilities in the Project Area. 3. Performance of the above and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. 4. Imposition, whenever necessary and applicable, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. 5. Provisions for administration/enforcement of this Plan by the City after completion of development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan, including the provision of City staff assistance. 8. Revision of the City zoning ordinance, adoption of master or specific plans or execution of statutory development agreements to permit the land uses and facilitate the development authorized by this Plan. ROSENOW SPEVACEK GROUP, INC. ,,~¢~.- ~ ~ PAGE 29 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City and/or the Agency, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry onto property, power oftermination, or injunctions. In addition, any recorded provisions, which are expressly for the benefit of owners of property in the Project Area, may be enforced by such owners. The following financial and time limitations shall apply to this Plan: (1001) Amount of Cumulative Tax Increment Revenue The number of dollars of taxes which may be divided and allocated to the Agency pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to taxing agencies, shall not exceed the following as listed on Table A: BAYFRONT/7OWN CENTRE I REDEVELOPMENT PROJECT TABLE A REDEVELOPMENT PLAN LIMITS Termination Date of Cumulative Final Date of Receipt of Tax Increment Date to Plan Tax Increment Constituent Plan Revenue Limit 1/ Incur Debt 2/ Termination Revenue Bayfrent (Original) $84,000,000 1/1/2004 7/16/2014 7/16/2024 Bayfront (AmendedI included above 1/1/2004 7/7/2028 7/7/2043 Town Centre I $210,000,000 1/1/2004 7/6/2016 7/6/2026 1/No tax increment revenue limit required for amendments to project areas after 1/1/94. 2/The deadline to incur debt with respect to the Bayfront (Original) and Town Centre I Constituent Areas may be eliminated by adoption of a "SB211 Ordinance" pursuant to Section 33333.6(e)(2), (1002) Amount of Bonded Indebtedness Outstanding At Any One Time The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding at one time, shal~ not exceed $70 million. ROSENOW SPEVACEK GROUP, INC. ,~O... _ ,,~ ~ PAGE 30 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE [ REDEVELOPMENT PROJECT (t003) Time Frame to Incur Indebtedness The time limit on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Section 33670 of the Redevelopment Law to finance in whole or in part the redevelopment project shall be the time period as provided on Table A. These limits, however, shall not prevent the Agency from incurring debt to be paid from the Iow and moderate income housing fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33333.8 of the Redevelopment Law. The loans, advances, or indebtedness may be repaid over a period of time longer than this time limit as provided herein. No loans, advances, or indebtedness to be repaid from the allocation of taxes shall be established or incurred by the Agency beyond this time limitation. This limit shall not prevent the Agency from financing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time dudng which the indebtedness is to be repaid is not extended beyond the time limit to repay indebtedness required by this section. The time limits established in this Section 1003 may be eliminated or extended in the manner provided by applicable law. (1004) Duration of This Plan Except for the nondiscrimination and nonsegregation provisions of this Plan, and recorded covenants implementing the same, which shall remain in effect in perpetuity, and except as otherwise expressly provided herein, the provisions of this Plan as to each Constituent Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan shall be effective until the applicable Plan termination dates for each Constituent Plan as shown on Table A. After the expiration of the applicable Constituent Plan, the Agency shall have no authority to act pursuant to that Constituent Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts. However, if the Agency has not completed its housing obligations pursuant to Section 33333.8 of the Redevelopment Law, the Agency shall retain its authority to implement requirements under Section 33333.8, including the ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as is reasonably possible. (1005) Time Frame to Collect Tax Increment Revenue Except as otherwise provided herein or by Redevelopment Law, the time limitation for the receipt of tax increment pursuant to Section 33670, and the payment of indebtedness with such tax increment, for ROSENOWSPEVACEKGROUP, INC. ,,~o.. -- ,~ ~' PAGE 31 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT~OWNCENTREIREDEVELOPMENTPROJECT each Constituent Plan shall be the dam s~ fodh under "Termination Date of Receipt of Tax Increment Revenue" as shown on Table A. This Plan may be amended pursuant to the provisions of the Redevelopment Law or in accordance with other lawful procedures as may hereafter be established by law. ROSENOW SPEVACEK GROUP, INC. ,~ ~ ,.~ ~ PAGE 32 Amended and Restated Redevelopment Plan Bayfront/Town Centre I Redevelopment Project ROSENOW SPEVACEK GROUP, INC. ~-~_ -- ~/0 PAGE 33 AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT % I Chub Vista · \1 City Linlits r-~ Bayfront Project Area E~ Town Centre I Project Area BAYFRONT/TOWN CEt4TER I REDEVELOPMENT PROJECT ROSENOW SPEVACEK GROUP, INC. ,,.-~ 4 ~ f-// f PAGE 34 Amended and Restated Redevelopment Plan Bayfront/Town Centre I Redevelopment Project AMENDED AND RESTATED REDEVELOPMENT PLAN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT [INSERT LEGAL DESCRIPTION] ROSENOW SPEVACEK GROUP, INC. ,~ _ ¢.../'...~ PAGE 36 Amended and Restated Redevelopment Plan Bayrront/Town Centre I Redevelopment Project Public i,,;,,,structure Projects Improvements to Project Area public infrastructure are intended to alleviate traffic congestion and improve public safety, remove costly impediments to development, and upgrade infrastructure to contemporary standards to stimulate private development. The proposed traffic/circulation improvement projects shall include, but are not limited to roadways, landscape, street lights, pedestrian walkways, bddges, interchanges, roadways, curbs, gutters, sidewalks, parking, street widening, street lights, traffic signals, over or underpasses, utility undergrounding, bicycle paths, street medians, trails, and trolley crossings. The proposed sewer and drainage improvement projects shall include, but are not limited to, monitoring systems, sewer parallels, drainage, sewer lines, wastewater treatment facilities, flooding systems, floor control dikes, and sewer systems. The proposed utility and communication improvement projects shall include, but are not limited to, electrical distribution systems, natural gas distribution systems; cable TV and fiber optic communication systems, water distribution systems, and windbreakers. Further compliance with General Plan, zoning standards, and environmental review may be necessary for these proposals to come forward. Projects include, but are not limited to the following: t) Street/Entryway Beautification. Construct streetscape improvements at key Project Area locations, including Fourth Avenue and Highway 54, E Street and Interstate 5, Third Avenue, and H Street. Community Facilities The proposed community facilities improvement projects shall include, but not limited to parks, open spaces, schools, school facilities, fire and police facilities, communication systems, libraries, fire protection, cultural centers, community centers, city maintenance facilities, plazas, recreational facilities, playgrounds, and civic center. Further compliance with General Plan, zoning standards, and environmental review may be necessary for these proposals to come forward. ROSENOW SPEVACEK GROUP, INC. ,,~O. -- ¢..~(...// PAGE 37 Amended and Restated Redevelopment Plan Bayfront/Town Centre I Redevelopment Project The following map presents the current General Plan land use designations for the Project Area. As these designations are subject to change, please refer to the General Plan for more information. ROSENOW SPEVACEK GROUP, INC. ~'-~L -- ~/~- PAGE 38 AMENDED AND RESTATED REDEVELOPMENT Pl.-AN BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT THIRD Chula r ~/ Ci~ Limits ~ Project Areas General Plan Land US* Designation Map BAYFRONT/TOWN CENTER I RED~ELOPMENT PRO3ECT ROSENOW SPEVACEK GROUP, INC. ~--"~-' -- CT//6 PAGE 39 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE PROPOSED REVISED ADDED AREA BOUNDARY FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA, AUTHORIZING STAFF TO CIRCULATE DRAFT 2003 AMENDMENT, 1N THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN, FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT, AND CALLING FOR AND CONSENTING TO A JOINT PUBLIC HEARING WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR THE PROPOSED 2003 AMENDMENT WHEREAS, on August 15, 1978 the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II Redevelopment Project and has subsequently amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2610, and on August 22, 2000 by Ordinance No. 2817 ("Town Centre II Plan"); and WHEREAS, on December 29, 1983 the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22, 2000 by Ordinance No. 2818 ("Otay Valley Plan"); and WHEREAS, on November 27, 1990 the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9, 1991 by Ordinance No. 2467, on November 8, 1994 by Ordinance No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, by Ordinance No. 2819, the Town Centre II Plan, Otay Valley Plan, and Southwest Plan were merged to establish the Merged Chula Vista Redevelopment Plan to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq ("Law"); and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") desires to amend the Merged Chula Vista Redevelopment Plan to consolidate the constituent redevelopment plans into a single redevelopment plan document, add property to the Merged Chula Vista Redevelopment Project Ama boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre II and Otay Valley constituent project areas ("2003 Amendment"); and WHEREAS, the Planning Commission of the City of Chula Vista adopted Resolution No. __ on November 20, 2002 approving the Preliminary Plan for the Merged Chula Vista Redevelopment Project Area ("Project Area") and to designate the botmdary for the property to be added to the Project Area ("Added Area"); and WHEREAS, upon the advice of Agency staff, the Planning Commission adopted Resolution No. __ on July 30, 2002, to modify the boundaries of the proposed Added Area to delete a few residentially zoned parcels inadvertently included in the originally proposed Added Area and to include two parcels in the northern portion of the Added Area required for effective redevelopment as identified on Exhibits "A", "B", and "C", which exhibits are incorporated herein by this reference and made a part hereof; and WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Section 33000 el seq. ("Law"), a joint public hearing on the 2003 Amendment may be held with the consent of the City Council and Agency. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista hereby: 1. Approves the revised proposed Added Area boundary as described hereinabove and as shown on Exhibits "A", "B", and "C" attached hereto. 2. Authorizes staff to circulate the draft 2003 Amendment, in the form of an Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project attached herewith as Exhibit "D", as required by Law. 3. Calls for and consents to holding a joint public hearing with the City Council and Redevelopment Agency of the City of Chula Vista on November 11, 2003 at 6:00 p.m., immediately following the City Council meeting, in the Council Chambers, for the purpose of considering the proposed 2003 Amendment, in the form of the Amended and Restated Redevelopment Plan, to the Merged Chula Vista Redevelopment Plan, and directs staff to give notice of the joint public hearing in the form and manner required by Law. Presented by Approved as to form by Laurie M. Madigan ~ee ~ (~ "~.- Community Development Director y J:\COMMDEV~RESOS~Agency Resos - Plan Amendment & Expansion Process.doc EXHIBIT "A" REVISED ADDED AREA TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA LEGEND I~erge~ Chula Vista Redevelopment Project Area '~'~ ^r'' e°~''y ~ E×hibit A: Revised Added Area i~ © ~y Lira it~ '~[ Boun daw M a p '~ ~'~'"~ EXHIBIT "B" DELETED AREA TO THE ADDED AREA BOUNDARY MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA I I ! , ! ! LEGEND ~ Merged Chula Vista Eedevelopment Project Area .. Deleted Parcels from Added Area + C~ty L~m~ts ~hibit B: Deleted Parcel Map EXHIBIT "C" ADDED PARCELS TO THE ADDED AREA BOUNDARY MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA I I ' ! I LEGEND Merged Chula Vista Redevelopment Project Area ..~ Addition Parcels for the Revised Exhibit C: · ~ %. ~ ~' Ctty L m~ts Added Area Boundary 5-6 -g' EXHIBIT "D" DRAFT 2003 AMENDMENT 1N THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN, FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT J \COMMDEV~ESOSXAgenCy Resos - Plan Amendment & Expansion P,ocess doc ~) ~ ~ Merged Chula Vista Redevelopment Project Amended and Restated Redevelopment Plan August 19, 2003- DRAFT Redevelopment Agency of 1he City of Chula V'~a 276 Fourth Avenue Chula V'~sla, California 91910 Rosenow Spevacek Group, Inc. 217 N. Main Street, Suite 300 Santa Ana, California 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project SECTION I (100) INTRODUCTION ........................................... 1 SECTION II (200) GENERAL DEFINITIONS .............................. 2 SECTION III (300) PROJECT AREA BOUNDARIES ................ 4 SECTION IV (400) REDEVELOPMENT PLAN GOALS ................ 4 2003 Amendment Constituent Area ............................................................. 4 Otay Valley Constituent Area ........................................................................ 5 Original and Amended Southwest Constituent Areas ............................... 7 Original and Amended Town Centre II Constituent Area ..........................8 SECTION V (500) REDEVELOPMENT PLAN ACTIONS ............. 9 (501) General ......................................................................................... 9 (502) Property Acquisition ................................................................. 10 (505) Participation by Owners and Persons Engaged in Business .................................................................................... 12 (509) Implementing Rules .................................................................. 14 (510) Cooperation with Public Bodies .............................................. 14 (511) Property Management .............................................................. 15 (512) Payments to Taxing Agencies ................................................. 15 (513) Relocation of Persons Displaced by a Project ...................... 15 (516) Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste ..................... 16 (52t) Rehabilitation, Moving of Structures by the Agency and Seismic Repairs ......................................................................... 17 (526) Property Disposition and Development ................................. 19 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT (534) Low- and Moderate-Income Housing ...................................... 23 SECTIOH VI (600) USES PERMITTED IH THE PROJECT AREA .................................................................... 23 (601) Maps and Uses Permitted ........................................................ 23 (602) Public Uses ................................................................................ 24 (605) Nonconforming Uses ................................................................ 24 (606) Interim Uses ............................................................................... 25 (607) General Control and Limitations ............................................. 25 (617) Design for Development ........................................................... 27 (618) Building Permits ........................................................................ 28 SECTION VII (700) METHODS FOR FINANCING THE PROJECT .............................................................. 28 (701) General Description of the Proposed Financing Methods... 28 (702) Tax Increment Revenue ............................................................ 29 (703) Agency Bonds ........................................................................... 30 (704) Other Loans and Grants ........................................................... 3t (705) Rehabilitation Loans, Grants, and Rebates ............................ 31 SECTION VIII (800) ACTIONS BY THE CITY ........................... 31 SECTION IX (900) ADMINISTRATION AND ENFORCEMENT.,. 32 SECTION X (1000) PLAN LIMITATIONS .................................. 32 (1001) Amount of Cumulative Tax Increment Revenue ........................... 32 (1002) Amount of Bonded Indebtedness Outstanding At Any One Time ............................................................................................ 33 (t 003) Time Frame to Incur Indebtedness ......................................... 33 (1004) Duration of This Plan ................................................................ 34 (1005) Time Frame to Collect Tax increment Revenue ..................... 34 SECTION Xl (t100) PROCEDURE OF AMENDMENT ................ 34 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Exhibit A - Project Area Map ................................................... 35 Exhibit B - Legal Description .................................................. 36 Exhibit C - Listing of Proposed Public Facilities and Infrastructure Projects ........................................ 38 Public Infrastructure Projects ..................................................................... 38 Community Facilities ................................................................................... 38 Exhibit D - Diagram of Current Permitted Land Uses ............ 40 Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project (101) This is the amended and restated Redevelopment Plan for the merged Chula Vista Redevelopment Project ("Plan"), located in the city limits and sphere of influence of the City of Chula Vista, California. It consists of the text (Sections 100 through 1100); the Map of the merged Chula Vista Redevelopment Project Area ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), a listing of the proposed, public facilities and infrastructure improvement projects (Exhibit C), and a diagram of current permitted land uses (Exhibit D). The Project Area consists of six constituent redevelopment project areas: · the Original Town Centre II Redevelopment Project Area (hereinafter defined as the "Original Town Centre II Constituent Area"); · the Amended Town Centre II Constituent Area which consists of an area added to the Original Town Centre II Constituent Area; · the Otay Valley Redevelopment Project Area (hereinafter defined "Otay Valley Constituent Area"); · the Orignial Southwest Redevelopment Project Area (hereinafter defined as the "Original Southwest Constituent Area"); · the Amended Southwest Constituent Area which consists of an area added to the Odginal Southwest Constituent Area. Thb afore~tioned Odginal ToWn centre ii Constitue~~ Area, the Valley A~a a~d the Amended Southwest ConstitUent Area were ~reviously ~brged °n Abgu~t 22, 2~ by ordine~ N~s. 28~7, 281,? a~d ~8~9, ~fid are hbreinbfler ~ferred to COllectively as ~e Merged Chula Vista Redevelopmerrt Project ~a") and · the 2003 Amendment Constituent Area which consists of an area added to the Merged Chula Vista Redevelopment Project Area by Ordinance No. __ adopted on This Plan has been prepared by the Redevelopment Agency of the City of Chula Vista, California ("Agency") pursuant to the California Community ROSENOW SPEVACEK GROUP, INC. PAGE 1 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Redevelopment Law (Health and Safety Code Section 33000, et seq.), the California Constitution and all applicable laws and ordinances. This Plan provides the Agency with powers, duties and obligations to implement the program generally formulated in this Plan for the redevelopment, rehabilitation, and revitalization of the Project Area. This Plan does not present a specific plan or establish priorities for specific projects for the redevelopment, rehabilitation, and revitalization of any particular area within the Project Area. Instead, this Plan presents a process and a basic framework within which specific development plans will be presented, priorities for specific projects will be established, and specific solutions will be proposed, and by which tools are provided to the Agency to fashion, develop, and proceed with such specific plans, projects, and solutions. Many of the requirements contained in this Plan are necessitated by and in accordance with statutory provisions in effect at the time of adoption of this Plan. Such statutory provisions may be changed from time to time. In the event that any such statutory changes affect this Plan's terms, and would be applicable to the Agency, the Project Area, or this Plan, the terms of this Plan that are so affected shall be automatically superseded by such statutory changes, to the extent necessary to be in conformity with such statutory changes (and all other terms of the Plan shall remain in full force and effect). The following definitions will be used generally in the context of this Plan unless otherwise specified herein: A. "Agency" means the Redevelopment Agency of the City of Chula Vista, California. B. "Annual Work Program" means that portion of the Agency's annual budget that sets forth programs and goals to be accomplished by the Agency during the fiscal year. C. "City" means the City of Chula Vista, California. D. "City Council" means the legislative body of the City. E. "County" means the County of San Diego, California. F. "Disposition and Development Agreement" means an agreement between a developer and the Agency that sets forth terms and conditions for improvement and redevelopment. ROSENOW SPEVACEK GROUP, INC. ,.~ _//~,.,----' PAGE 2 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT G. "General Plan" means the General Plan of the City, the comprehensive and long-term general plan for the physical development of the City, as it exists today or is hereafter amended. H. "Legal Description" means the metes and bounds legal description of the Project Area attached hereto as Exhibit B. I. "Map" means the map of the Project Area attached hereto as Exhibit A. J. "Method of Relocation" means the methods or plans adopted by the Agency pursuant to Sections 33352(0 and 33411 of the Redevelopment Law for the relocation of families, persons and businesses to be temporarily or permanently displaced by actions of the Agency. K. "Ownef' means any person owning fee title to, or a long-term leasehold interest in real property within the Project Area. L. "Owner Participation Agreement" means an agreement between the Agency and an Owner, which sets forth terms and conditions for use of property, and/or its improvement and/or its redevelopment as to a specific property. M. "Participant" means an Owner who has entered into a Participation Agreement with the Agency. N. "Person" means an individual(s), or any public or pdvate entities. O. "Plan" means this amended and restated Redevelopment Plan for the Merged Redevelopment Project, as amended by Ordinance No. on P. "Project" means the Merged Redevelopment Project. Q. "Project Area" means the Merged Redevelopment Project Area, which is the territory this Plan applies to, as shown on Exhibit A. R. "2003 Amendment Constituent Area" means the territory added to the Project Area by Ordinance No. adopted on S. "Otay Valley Constituent Area" means the Otay Valley Redevelopment Project established on December 29, 1983 by Ordinance No. 2059, and amended by Ordinance No. 2611 on November 8, 1994, and Ordinance No. 2818 on August 22, 2000. T. "Amended Southwest Constituent Area" means the territory added to the Original Southwest Constituent Area by Ordinance No. 2467 on July 9, 1991. U. "Original Southwest Constituent Area" means the Southwest Redevelopment Project established on November 27, 1990 by Ordinance ROSENOW SPEVACEK GROUP, INC. ._.~--.~ -- / ~ PAGE 3 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT NO. 2420 and amended by Ordinance 2612 on November 6, 1994, and Ordinance 2819 on August 22, 2000. V. "Amended Town Centre II Constituent Area" means the territory added to the Original Town Centre II Constituent Area by Ordinance No. 2274 on July 19, 1988. W. "Original Town Centre II Constituent Area" means the Town Centre Redevelopment Project established on August 15, 1978 by Ordinance No. 1827 and amended by Ordinance No. 2207 on May 19, 1987, Ordinance No. 2610 on November 8, 1994, and Ordinance No. 2817 on August 22, 2000. X. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.) as it now exists or may be hereafter amended. Y. "State" means the State of California. Z. "State Law" means an enactment of State of California, and includes such regulations as have the force of law. The boundaries of the Project Area are illustrated on the map attached hereto and incorporated herein as Exhibit A. The legal description of the boundaries of the Project Area is as described in Exhibit B attached hereto and incorporated herein. This Plan is intended to achieve the following goals: 2003 Amendment Co~t Area · Eliminate and prevent the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the Project Area in accordance with this Plan and future Annual Work Programs. · Provide for the enhancement and renovation of businesses within the Project Area to promote their economic viability. · Stimulate investment of the pdvate sector in the full development of the Project Area. · Promote public improvement facilities which are sensitive to the unique environment qualities of the Project Area. ROSENOW SPEVACEK GROUP, INC. "~ ~ ~ / '7 PAGE 4 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT · Provide adequate roadways to correct street alignment problems, to provide adequate circulation and access to freeways. · Encourage cooperation and participation of property owners, business persons, public agencies and community organizations in the revitalization of the Project Area. · Provide needed improvements to the community's recreational, cultural, and other community facilities to better serve the Project Area. · Expand the resource of developable land by making underutilized land available for development. · Renovate and restore sites characterized by deficiencies including, but without limitations, conditions of soil which render private development infeasible or impractical. · Achieve an environment reflecting a high level of concern for architectural, landscape, and urban design principles appropriate to the objectives of this Plan. · Create physical buffers which ameliorate the adverse effects of changing land uses along interfaces. · Discourage "spot zoning" and piecemeal planning practices · Provide Iow and moderate income housing as is required to satisfy the needs and desires of the various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State Law. Otay Valley Constituent Area · Eliminate existing blighted conditions, be they properties or structures, and the prevention of recurring blight in and about the Project Area. · Develop property within a coordinated land use pattern of commercial, industrial, recreational, and public facilities in the Proiect Area consistent with the goals, policies, objectives, standards, guidelines and requirements as set forth in the City's and County's adopted General Plan and Zoning Ordinance. · Develop public services and facilities including, but not limited to recreational, maintenance, and operational services and facilities as are necessary and required for the development of the Project Area. · Eliminate environmenta~ deficiencies including inadequate street improvements, inadequate utility systems, and inadequate public services; and mitigation of highway impacts, including its circulation, movement and its potentia} social, physical, and environmental characteristics of blight. ROSENOW SPEVACEK GROUP, INC. ,~--,l~ __/ ~ PAGE5 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT · Develop a more efficient and effective circulation corddor system free from hazardous vehicular, pedestrian, and bicycle interfaces. · Implement techniques to mitigate blight characteristics resulting from exposure to highway and public right-of-way corddor activity and affecting adjacent properties within the Project Area. · Eliminate all forms of blight including, but not limited to, visual blight, in order to encourage community identity. · Encourage, promote, and assist in the development and expansion of local commerce and need commercial and industrial facilities, increasing local employment prosperity, and improving the economic climate within the Project Area, and the various other isolated vacant and/or undeveloped properties within the Project Area. · Acquisition, assemble, and/or dispose of sites of usable and marketable sizes and shapes for residential, open space, recreational and Project public facility development within the Project Area. · Create a more cohesive and unified community by strengthening the physical, social, and economic ties between residential, commercial, industrial, and recreational land uses within the community and the Project Area. · Acquisition and dispose of property for the purpose of providing relocation housing, as may be required, to implement the objectives of this Plan. · Provide for affordable housing availability as required by County, Region, or State law and requirements, as necessary and desirable, consistent with the goals and objectives of the community. · Encourage the coordination, cooperation, and assistance of other local agencies, as may deem necessary, to ensure that projects undertaken by this Agency are implemented to their fullest and practical extent. · Achieve a physical environment reflecting a high level of concern of architectural and urban design principals deemed important by the community. · Encourage community involvement and citizen participation in the adoption of policies, programs, and projects so as to ensure that the Redevelopment Plan is implemented in accordance with the objectives and goals of the General Plan. · Provide a procedural and financial mechanism by which the Agency can assist, complement, and coordinate public and private development, redevelopment, revitalization, and enhancement of the community. ROSENOWSPEVACEKGROUP, INC, ~,~ _ / ~ PAGE6 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Original and Amended Southwest Constituent Areas · Create physical buffers which ameliorate the adverse effects of changing land uses along interfaces. · Discourage "spot zoning" and piecemeal planning practices. · Encourage the establishment and maintenance of "balanced neighborhoods" and subareas, characterized by a planned diversity in building sites, density, housing and land use. · Provide adequate roadways to correct street alignment problems, to eliminate road hazards and to provide adequate access to freeways. · Eliminate and prevent the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the Project Area in accordance with the Redevelopment Plan and future Annual Work Programs. · Promote planned light industrial development with the Main Street Corridor. · Encourage tourism, including the development of high--qua~ity hotels, motels, restaurants, and meeting facilities. · Provide enhancement and renovation of businesses within the Project Area to promote their economic viability. · Encourage cooperation and participation of residents, business persons, public agencies and community organizations in the revitalization of the Project Area. · Stimulate investment of the private sector in the full development of the Project Area. · Provide needed improvements to the community's educational, cultural, residential and other community facilities to better serve the Project Area. · Promote public improvement facilities which are sensitive to the unique environmental qualities of the Project Area. · Establish a program which promotes the rehabilitation of the existing housing stock where appropriate. · Remove impediments to land assembly and development through acquisition and reparcelization of land into reasonably sized and shaped parcels served by an improved street system and improved public facilities. · Expand the resource of developable land by making underutilized land available for development. ROSENOW SPEVACEK GROUP, INC. '~.~ ~ ~ 0 PAGE 7 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT · Alleviate certain environmental deficiencies including substandard vehicular and pedestrian circulation systems, insufficient off-street parking and other similar public improvements. · Provide improvements of local drainage conditions that constrain the development of various parcels in the Project Area, the cost of which cannot be borne by pdvate enterprise acting alone. · Achieve an environment reflecting a high level of concem for architectural, landscape, and urban design principles appropriate to the objectives of the Redevelopment Plan. · Provide Iow and moderate income housing as is required to satisfy the needs and desires of the various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State Law. · Develop safeguards against noise and pollution to enhance the industrial/commercial community. · To the extent possible, for all redevelopment projects undertaken under this Plan, preference in hidng for jobs created by these redevelopment actions should be given to Chula Vista residents. Original and Amended Town Centre II Constituent Area · Eliminate blighting influences, including incompatible land uses, obsolete structures, inadequate parking facilities, unsightly or unattractive signage and graphics, and inadequate landscape and townscape planning. · Eliminate environmental, economic, social, platting, and physical deficiencies. · Strengthen the mercantile posture of Town Centre II, and the improvement of retail trade therein. · Renew Town Centre Irs physical plant and the improvement of its land use patterns and spatial relationships. · Retain and expand viable land uses, commercial enterprises, and public facilities within the area. · Attract capital and new business enterprises to the project area. · Promote comprehensive beautification of the area, including its buildings, open space, streetscape, street furniture, graphics, and signage. · Protect peripheral residential enjoyment and land use integrity. ROSENOW SPEVACEK GROUP, INC. ~,~,~ - ~._./ PAGE 8 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT · Accommodate future local and regional mass transit and related facilities; improvement of off-street parking areas and provision for a mini-transit intra- project system. · Establish design standards to assure desirable site design and environmental quality. · Foster cooperation between the Town Centre II Constituent Areas and the Town Centre I Redevelopment Project Area and the protection of the goals, objectives, and economic resurgence of the latter. (501) General The Agency proposes to alleviate and prevent the spread of blight and deterioration in the Project Area through: 1. The acquisition, installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities, buildings, structures, parks, playgrounds, and other public improvements. 2. The rehabilitation, remodeling, demolition, or removal of buildings, structures, and improvements. 3. The rehabilitation, development, preservation, provision, or construction of affordable housing in compliance with. State Law. 4. Providing the opportunity for participation by owners and tenants presently located in the Project Area and the extension of preferences to persons engaged in business desidng to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced occupants in accordance with applicable State Law. 6. The development or redevelopment of land by pdvate enterprise or public agencies for purposes and uses consistent with the objectives of this Plan. 7. The acquisition of real property, personal property, any interest in property, and improvements on the property by purchase, lease, option, grant, bequest, gift, devise, or any other lawful means, or, where it is deemed necessary, by exercising the power of eminent domain, as permitted by Section 503 of this Plan, after conducting appropriate public hearings and making appropriate findings. ROSENOW SPEVACEK GROUP, INC. ,~ ~ .~_~ PAGE 9 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 8. Site preparation and development and construction of necessary off-site improvements. 9. Improving open space. 10. Managing property acquired by the Agency. 11. Providing financing for the assistance of commemial and industrial development that increases the economic base of both the Project Area and the City, and the number of temporary and permanent jobs. 12. The disposition of real property, personal property, any interest in property, and improvements on the property through methods such as sale, lease, exchange, subdivision, transfer, assignment, pledge, encumbrance or any other lawful means of disposition. 13. Recommending standards to ensure that property will continue to be used in accordance with this Plan. 14. The closure or vacation of certain streets and the dedication of other areas for public purposes. 15. Providing replacement housing, as required. 16. Applying for, receiving and utilizing grants and loans from federal or state governments or any other source. 17. Cleadng or moving buildings, structures or other improvements from any real property acquired by the Agency. To accomplish these actions and to implement this Plan, the Agency is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law. (502) Proper~y Acquisition 1. (503) Acquisition of Real Property The Agency may acquire real property by any means authorized by law, including by purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, exchange, cooperative negotiations, or eminent domain. The following limitations shall apply to the Agency's eminent domain authority in the Project Area: a. Within the Original and Amended Southwest Constituent Areas, no eminent domain acquisition shall be commenced after November 19, 2014, unless ROSENOW SPEVACEK GROUP, INC. ,,~.~ -- ~ PAGE 10 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT extended by amendment of this Plan. Eminent domain shall no~t be used to acquire any property used for residential purposes located within areas zoned or otherwise designated for such residential purpose under adopted Specific and/or General Plans of the City, as they may hereafter be amended by the City. Notwithstanding the foregoing, eminent domain may not be commenced on any properties on Jacqua Street pdor to the completion of the City's General Plan update initiated in 2002. b. Within the Otay Valley Road and 2003 Amendment Constituent Areas, no eminent domain acquisition shall be commenced after __ 2015, unless extended by amendment of this Plan. c. Within the Ori,qina and Amended Town Centre II Constituent Areas, no eminent domain acquisition shall be commenced after __. 2015, unless extended by amendment of this Plan. Eminent domain shall no~t be used to acquire any property used for residential purposes located within areas zoned or otherwise designated for such purpose under adopted Specific and/or General Plans of the City, as they may be hereafter amended by the City. d. Eminent domain may not be used to acquire property owned by a public body without the consent of that public body. e. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan pursuant to Sections 506 through 509 of this Plan and applicable provisions of the Redevelopment Law. 2. (504) Acquisition of Personal Property, Any Other Interest in Real Property, orAny Improvements in Real Property Where necessary in the implementation of this Plan, the Agency is authorized to acquire personal property, any other interest in real property and any improvements on real property including ROSENOW SPEVACEK GROUP, INC. ,,~-- ~ _ ,~_~t,.~ PAGE 11 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT repurchase of developed property previously owned by the Agency by any lawful means. (505) Participation by Owners and Persons Engaged in Business 1. (506) Owner P~rticip~tion This Plan provides for opportunities for participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with this Plan. Participation methods include: (i) remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or podions of the property and purchasing adjacent property from the Agency or joining with another person or entity for the rehabilitation or development of the Owner'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 offedng other parcels for purchase and rehabilitation or development by such Owners, or offedng an opportunity for such Owners to rehabilitate or develop property jointly with other persons or entities. Owner Participation opportunities shall be subject to and limited by factors and requirements including: a. 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, modernization, 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. b. 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 ROSENOWSPEVACEKGROUP. INC. ~ ~-,.~ PAGE 12 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROdECT the redevelopment proposal for the development site approved by the Agency. c. 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. d. 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. e. Consideration of the elimination and/or change of land uses, particularly nonconforming land uses as specified in City codes. f. The Agency shall consider the need to realign, abandon, vacate, widen, or open public rights-of-way and the indirect effects of such acts. g. Consideration of any reduction in the total number of individual parcels in the Project Area. h. Consideration of whether the proposal involves land assembly and development of areas for public and/or private development in accordance with the Plan. 2. (507) Reentry Preferences for Persons Enqa,qed in Business in the Proiect Area The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the Agency's rules governing owner participation and re-entry. 3. (508) Owner Participation A,qreements Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. In the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to their properties. ROSENOW SPEVACEK GROUP, INC. ~,~ - ,~. ~:~ PAGE 13 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Owner Participation Agreements shall include appropriate remedies such as the ability of the Agency to declare the Owner Participation Agreement terminated and acquire the real property or any interest therein, and sell or lease such real property or interest therein for rehabilitation or development in accordance with this Plan in the event a participant breaches the terms of such Owner Participation Agreement. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences to persons who are engaged in business in the Project Area re-entering in business within the redeveloped area if they otherwise meet the requirements prescribed by the Plan. Where the Agency determines that a proposal for participation is not feasible, is not in the best interests of the Agency or City or that redevelopment can pest be accomplished without affording a participant an opportunity to execute an Owner Participation Agreement, the Agency shall not be required to execute an Owner Participation Agreement. (509) Implementing Rules The provisions of Sections 505 through 508 of this Plan shall be implemented according to the rules adopted by the Agency pdor to the approval of the Ordinance, which may be amended from time to time by the Agency. Such rules allow for Owner Participation Agreements with the Agency. (510) Cooperation with Public Bodies Certain public bodies are authorized by State Law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. Property of a public body shall not be acquired without its consent in accordance with State Law. The Agency shall seek the cooperation of all public bodies, which own or intend to acquire property in the Project Area. The Agency may impose on all public bodies the planning and design controls contained in and authorized by this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other .OSENOW SPEVACEK GROUP.,.C. -- 2- ? PACE AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROdECT improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area. (511) Property Management During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such properties may be rented or leased by the Agency pending their disposition. (512) Payments to Taxing Agencies The Agency may pay, but is not required to pay, in any year during which it owns property in the Project Area directly to any City, County or district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been tax exempt, an amount of money in lieu of taxes. In addition, to the extent required by State Law, the Agency shall remit payments to the affected taxing agencies in a manner consistent with Section 33607.5, Section 33676(b), and any other pertinent and applicable sections of the Redevelopment Law. All such amounts shall be calculated after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted from the total amount of tax increment funds received by the Agency in the applicable fiscal year. Such payments shall be reduced in accordance with the provisions of Section 33607.5 of the Redevelopment Law or any other applicable statute. Such payments shall be the exclusive payments that are required to be made by the Agency to affected taxing entities for the duration of this Plan. Such payments may be subordinated to loans, bonds, or other Agency indebtedness as provided by the Redevelopment Law. The Agency may also pay to any affected taxing agency any amounts of money which the Agency has found are necessary and appropriate to alleviate financial burden or detriment caused by the Project pursuant to an agreement executed prior to January 1, 1994. (513) Relocation of Persons Displaced by a Project 1. (514) Relocation Pro,qram In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et seq.) ("Relocation Assistance Act"), the Relocation Assistance and Real Property Acquisition Guidelines adopted and promulgated by the California Department of Housing and Community Development ("Relocation Guidelines") and the the Agency shall provide ROSENOW SPEVACEK GROUP, INC. ,,,~ ~ .~'/ PAGE 15 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT relocation benefits and assistance to all "displaced" persons (including families, business concerns, and others) as may be required by law. Such relocation assistance shall be provided in the manner required by the Method of Relocation. 2. (515) Relocation Benefits and Assistance The Agency shall provide all relocation benefits required by law and in conformance with the Method of Relocation, Relocation Guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable rules and regulations. (516) Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste 1. (517) Demolition and Clearance The Agency is authorized, for property acquired by the Agency or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. 2. (518) Public Improvements To the greatest extent permitted by law, the Agency is authorized to install and construct, or to cause to be installed and constructed, the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Specifically, the Agency may pay for, install, or construct the buildings, facilities, structures, and other improvements identified in Exhibit C, attached hereto, and may acquire or pay for land required therefore. Additionally, the Agency is authorized to install and construct, or to cause to be installed and constructed, within or without the Project Area, for itself or for any public body or entity for the benef'~ of the Project Area, public improvements and public facilities, including, but not limited to: over or underpasses; bddges; streets; bikeways; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical distribution systems; natural .gas distribution systems; wastewater treatment facilities; cable TV and fiber optic communication systems; water distribution systems; parks; windbreaks; trails; plazas; playgrounds; motor vehicle parking facilities; landscaped areas; schools; civic, cultural and recreational facilities; camping facilities; and pedestrian improvements. The public facilities and infrastructure improvement projects that may be undertaken by the Agency pursuant to this Plan are identified in the General Plan, and capital improvement program, incorporated herein by reference. ROSENOW SPEVACEK GROUP, INC. ~'~.~ ~ 2...~:~ PAGE 16 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT The Agency, as it deems necessary to carry out the Plan and subject to the consent of the City Council, as may be required by the Redevelopment Law, may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or outside the Project Area, upon both the Agency and the City Council making the applicable determinations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the Agency may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvements, or both, by pedodic payments over a period of years. Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. 3. (519) Preparation of Building Sites Any real property owned or acquired by the Agency may be developed as a building site. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out this Plan. 4. (520) Removal of Hazardous Waste To the extent legally allowable, the Agency may, in its sole discretion, take any actions, which the Agency determines are necessary, and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. (521) Rehabilitation, Moving of Structures by the Agency and Seismic Repairs 1. (522) Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building or structure owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the Agency to the extent permitted by the Redevelopment Law. The ROSENOWSPEVACEKGROUP, INC. ,~ ~,._~E) PAGE17 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Agency is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. The Agency is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shall be subject to the discretion of the Agency based upon such objective factors as: a. Compatibility of rehabilitation with land uses as provided for in this Plan. b. Economic feasibility of proposed rehabilitation and conservation activity. c. Structural feasibility of proposed rehabilitation and conservational activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency. e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. 2. (523) Cleadnq or Moving Structures As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any building structures or other improvements from any real property acquired. 3. (524) Seismic Repairs For any project undertaken by the Agency within the Project Area for building rehabilitation or alteration in construction, the Agency may, by following all applicable procedures which are consistent with local, State, and federal law, take those actions which the Agency determines are necessary to provide for seismic retrofits. ROSENOW SPEVACEK GROUP, INC. ,~.~ ~.~ / PAGE 18 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VESTA REDEVELOPMENT PROJECT 4. (525) Graffiti Removal Within the Project Area, the Agency after making the required findings may take any actions that it determines are necessary to remove graffiti from public or private property. (526) Proper~y Disposition and Development 1. (527) Real Property Disposition and Development a. (528) General For the purposes of this Plan, the Agency is authorized to sell, lease for a period not to exceed 99 years, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease or sale without public bidding after a noticed public hearing. Except as otherwise permitted by law, before any interest in property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall be first approved by the City Council by resolution after a noticed public hearing, together with such findings as may then be required by State Law. The real property acquired by the Agency in the Project Area, except property conveyed by it to the City or any other public body, shall be sold or leased to public or private persons or entities for improvement and use of the property in conformance with this Plan. Real property may be conveyed by the Agency to the City, and where beneficial to the Project Area, to any other public body without charge or for an amount less than fair market value. All purchasers or lessees of property from the Agency shall be obligated to use the property for the purposes designated in this Plan, to begin and complete improvement of such property within a pedod of time which the Agency fixes as reasonable, and to comply with other covenants, conditions, or restrictions to prevent speculation or excess profit taking in undeveloped land, including dght of reverter to the Agency and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. ROSENOW SPEVACEK GROUP, INC. ,..~',~ _ ,~ ~ PAGE 19 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Dudng the period of redevelopment in the Project Area, the Agency shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and ail applicable federal, State, and local laws, including without limitation the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. Such development must receive the approval of all appropriate public agencies. b. (529) Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or otherwise disposed of by the Agency, as well as all property subject to Owner Participation Agreements and Disposition and Development Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the office of the Recorder of the County. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. The Agency shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. The Agency shall obligate lessees and purchasers of real property acquired in the Project Area and owners of property improved as part of a redevelopment project to ROSENOW SPEVACEK GROUP, INC. ',~-~'~ -- ,-~ 3 PAGE 20 AMENDED AND RESTATED REDEVELOPMENT Pl._AN MERGED CHULA VISTA REDEVELOPMENT PROJECT refrain from restricting the rental, sale or lease of the property on the basis of race, color, religion, sex, marital status, ancestry, or national odgin of any person. All deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain or be subject to such nondiscrimination and non- segregation clauses as are required by Redevelopment Law. 2. (530) Personal Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease for a pedod not to exceed 99 years, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property or any other interest in property by any lawful means. 3. (531) Prevention of Discrimination a. (532) Redevelopment The redeveloper shall comply with all state and local laws, in effect from time to time, prohibiting discrimination or segregation by reason of race, color, creed, religion, sex, madtal status, national odgin or ancestry, in the sale, lease or occupancy of the property. Pursuant to the Redevelopment Law (Sections 33337 and 33435-33436), contracts entered into by the Agency relating to the sale, transfer or leasing of land, or any interest therein acquired by the Agency within any survey area or redevelopment project, shall comply with the provisions of said sections in substantially the form set forth therein. All such contracts shall further provide that the provisions of said sections shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. b. (533) Deeds, Leases, and Contracts All deeds, leases, and contracts which the Agency proposes to enter into with respect to the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of any land in the Project Area shall contain the following nondiscrimination and non-segregation clauses as prescribed by Redevelopment Law, Section 33436: In deeds the following language shall appear: ROSENOW SPEVACEK GROUP, INC. ,~ .~ _ ._~ L./ PAGE 21 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, madtal status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." In leases, the following language shall appear: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, madtal status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." In contracts, the following language shall appear: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself ROSENOW SPEVACEK GROUP, INC. ,~,~ _ .~ ,_,~'"-- PAGE 22 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land. The foregoing provision shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument." (534) Low- and Moderate-Income Housing The Agency shall comply with all of the Iow- and moderate-income housing requirements of the Redevelopment Law which are applicable to this Plan, including applicable expenditure, replacement and inclusionary housing requirements, including but not limited to the following: No less than twenty percent of all tax increment funds allocated to the Agency shall be used for the purposes of increasing, improving, and preserving the supply of Iow- and moderate-income housing available at affordable housing costs to persons and families of Iow or moderate income and very Iow income households that is occupied by these persons and families, unless the Agency makes annual findings by resolution as required under Redevelopment Law. The tax increment funds that are required to be used for increasing and improving the supply of Iow- and moderate-income housing shall be held in a separate Low and Moderate.Income Housing Fund until used. The moneys in the Low and Moderate.Income Housing Fund shall be used to increase, improve, and preserve the supply of Iow- and moderate-income housing. Whenever dwelling units housing persons and families of Iow or moderate-income are destroyed or removed from the Iow- and moderate. income housing market as part of a redevelopment project, the Agency shall within four years of such destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of Iow or moderate- income an equal number of replacement dwelling units at affordable housing costs within the Project Area or within the jurisdiction of the Agency in accordance with Redevelopment Law." (601) Maps and Uses Permitted The Map attached hereto as Exhibit A and incorporated herein illustrates the location of the Project Area boundaries. The land uses permitted by this Plan shall be those permitted by the General Plan and zoning ROSENOW SPEVACEK GROUP, INC. ..~.~ _ ._~ ~ PAGE 23 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. A diagram of current permitted uses is presented on Exhibit D. (602) Public Uses 1. (603) Public Street Layout, Rights-of-Way and Easements The public street system and street layout for the Project Area is illustrated on the Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the General Plan, and all other state and local codes, guidelines, or master or specific plans as they now exist or are hereafter amended. Certain streets and rights-of-way may be widened, altered, realigned, abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Additional easements may be created by the Agency and City in the Project Area as needed for proper development and circulation. The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian traffic as well as for public improvements, public and private utilities and activities typically found in public rights-of-way. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. 2. (604) Other Public and Open Space Uses Both within and, where an appropriate finding has been determined, outside of the Project Area, the Agency may take actions to establish, or enlarge public, institutional, or non-profit uses, including, but not limited to, schools, community centers, auditorium and civic center facilities, theatres and cultural facilities, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic and charitable institutions or other similar associations or organizations. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform to all other applicable laws and ordinances and that such uses are approved by the City. The Agency may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. (605) Nonconfomling Uses The Agency is authorized but not required to permit an existing use to remain in an existing building in good condition if the use does not conform to the provisions of this Plan, provided that such use is generally ROSENOWSPEVACEKGROUP, INC. ~,~'~.~/ ~,~ "7 PAGE24 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT compatible with existing and proposed developments and uses in the Project Area. The Agency may take actions to, but is not required to, authorize additions, alterations, repairs or other improvements in the Project Area for buildings which do not conform to the provisions of this Plan where, in the determination of the Agency, such improvements would be compatible with surrounding Project Area uses and proposed development. (~:~6) Interim Uses Pending the ultimate development of land by developers and partioipants, the Agency is authorized to use or permit the use of any land in the Project Area for interim uses. Such interim use, however, shall conform to General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. (607) General Control and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be subdivided, developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and the regulations and requirements of the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended. The land use controls of this Plan shall apply for the periods set forth in Section 1000 below. The type, size, height, number and use of buildings within the Project Area will be controlled by the General Plan and applicable zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended. 1. (608) New Construction All construction in the Project Area shall comply with all applicable State and local laws in effect from time to time. In addition to the City land use regulations and requirements in the Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct improvement activities in the Project Area. 2. (609) Rehabilitation Any existing structure within the Project Area which the Agency enters into an agreement for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in accordance with the applicable law and in such a manner that it will meet the ROSENOW SPEVACEK GROUP, INC. ,.~'"'-,~ .~ ~ (0/ PAGE 25 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT following requirements: be safe and sound in all physical respects, be attractive in appearance and not detrimental to the surrounding uses. 3. (610) Number of Dwellin,q Units The General Plan shall regulate the total number of dwelling units in the Project Area. As of the date of adoption of this Plan, there are approximately one thousand nine hundred (1,900) dwelling units in the Project Area. 4. (611) Open Space and Landscaping The approximate amount of open space to be provided in the Project Area is the total of all areas so designated in the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended, and those areas in the public rights-of-way or provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with the standards of the City. 5. (612) Limitations on Type1 Size, Hei,qht Number and Proposed Use of Buildinqs The limits on building intensity, type, size, height, number and proposed use shall be established in accordance with the provisions of the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended. 6. (613) Si,qns All signs shall conform to the requirements of the City. Design of all proposed new signs shall be subject to the review of the City and any additional standards that may be adopted by the Agency to implement the goals of this Plan. 7. (614) Utilities The Agency, in conformity with the City municipal code, and City policies, shall require that all utilities be placed underground whenever physically possible and economically feasible. 8. (615) Subdivision of Parcels No parcels in the Project Area, including any parcel retained by a participant, shall be consolidated, subdivided or re-subdivided without the approval of the City. ROSENOW SPEVACEK GROUP, INC. ,~::~¢ ~,,..~ ~ PAGE 26 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 9. (616) Variations The Agency is authorized to permit variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine all of the following: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property, which do not apply generally to other properties having the same standards, restrictions, and controls. c. Permitting a variation will not be materially detrimental to the public weffare or injurious to property or improvements in the area. d. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, and welfare, and to assure compliance with the purposes of this Plan. (6'17) Design for Development One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. The Agency shall not approve any plans that do not comply with this Plan except as permitted by Section 616 of this Plan. Within the limits, restrictions, and controls established in this Plan, and subject to the provisions of Sections 601 and 607 herein, the Agency is authorized to establish land use, heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both pdvate and public areas within the Project Area. No new improvement shall be constru~ed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated except in accordance with this Plan and any such controls approved by the Agency. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT In the case of property, which is the subject of a Disposition and Development Agreement or an Owner Participation Agreement with the Agency, such property shall be developed in accordance with the provisions of such Agreement. (618) Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the Agency, any restrictions or controls established by resolution of the Agency, and any applicable participation or other agreements. (701) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to finance implementation of this Plan with assistance from local sources, the State and/or the federal government, property tax increment, interest income, Agency bonds, donations, loans from private financial institutions or any other legally available source. The Agency is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the Agency. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in- kind assistance. Any assistance shall be subject to terms established by an agreement between the Agency, City and/or other public agency providing such assistance. The Agency may issue bonds or other obligations and expend their proceeds to carry out this Plan. The Agency is authorized to issue bonds or other obligations as appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation activities. The Agency shall pay the principal and interest on bonds or other obligations of the Agency as they become due and payable. ROSENOWSPEVACEKGROUP, INC. .~,,,~ ~ ~ / PAGE 28 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT (702) Tax Increment Revenue For the purposes of the collection of property tax revenue pursuant to this Plan, the effective date of the ordinance shall mean and refer to: · Odginal Town Centre II Constituent Area established by Ordinance No. 1827: September 14, 1978. · Otay Valley Constituent Area established by Ordinance No. 2059: January 28, 1984. · Amended Town Centre II Constituent Area established by Ordinance No. 2274: August 18, 1988. · Odginal Southwest Constituent Area established by Ordinance No. 2420: December27, 1990. · Amended Southwest Constituent Area established by Ordinance No. 2467: August 8, 1991. · 2003 Amendment Constituent Area established by Ordinance No. All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City, district, or other public corporation (hereinafter celled "Taxing Agency" or "Taxing Agencies") after the effective date of the ordinance, shall be divided as follows: 1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said Taxing Agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such Taxing Agency, last equalized prior to the effective date of the ordinance, shall be allocated to and when collected shall be paid to the respective Taxing Agencies as taxes by or for said Taxing Agencies on all other property are paid (for the purpose of allocating taxes levied by or for any Taxing Agency or Agencies which did not include the territory in the Project Area on the effective date of the ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date). 2. That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the Agency to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, ROSENOW SPEVACEK GROUP. INC. ,...~-'-'.~ .---- C/~ PAGE 29 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the Project and this Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph (1 .) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies. When said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies as taxes on all other property are paid. 3. That portion of the taxes in excess of the amount identified in paragraph (1 .) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and interest on any bonded indebtedness for the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that Taxing Agency. This paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. The Agency is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the Agency pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the redevelopment program for the Project Area. (703) Agency Bonds The Agency is authorized to issue bonds and other obligations from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementation activities. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds or other obligations by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City, County, or the State; nor are any of its political subdivisions liable for them; nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Agency; and such bonds and other obligations shall so state on their face. The bonds and other obligations do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. ROSENOWSPEVACEKCROUP,,NC. ¢ PACE30 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT (704) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the federal government, the State, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. In addition, the Agency may make loans as permitted by law to public or pdvate entities for any of its redevelopment purposes. (705) Rehabilitation Loans, Grants, and Rebates To the greatest extent allowed by State Law, the Agency and the City may commit funds from any source to rehabilitation programs for the purposes of loans, grants, or rebate payments for self-financed rehabilitation work. The rules and regulations for such programs shall be those which may already exist or which may be developed in the future. The Agency and the City shall seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: 1. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets, the street layout, and other public rights-of-way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the utility companies of their operations in public rights-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. 2. Institution and completion of proceedings necessary for changes and improvements to publicly-owned parcels and utilities in the Project Area. 3. Performance of the above and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carded to completion without unnecessary delays. ROSENOW SPEVACEK GROUP, INC. ~.,~ .~ -- 4 C"~ PAGE 31 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 4. Imposition, whenever necessary and applicable, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. 5. Provisions for administration/enforcement of this Plan by the City after completion of development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. 8. Revision of the City zoning ordinance, adoption of master or specific plans or execution of statutory development agreements to permit the land uses and facilitate the development authorized by this Plan. Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City and/or the Agency, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry onto property, power of termination, or injunctions. In addition, any recorded provisions, which are expressly for the benefit of owners of property in the Project Area, may be enforced by such owners. The following financial and time limitations shall apply to this Plan: (1001) Amount of Cumulative Tax Increment Revenue The number of dollars of taxes which may be divided and allocated to the Agency pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to taxing agencies, shall not exceed the following as listed on Table A: AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Cumulative Final Date of Tern~ination Tax Increment Date to Plan Date Constituent Area Revenue Limit 2/ Incur Debt 3/ Termination of Revenue Ota~' Valle~, $115,000,000 1/1/2004 12/29/2023 12/29/2033 Southwest(Original) $150,000,000 1/ 11/27/2010 11/27/2030 11/27/2040 Southwest (Amendedt included above 7/9/2011 71912031 7/9/2041 Town Centre II (Original) 100,000,000 1/1/2004 8/15/2018 8/15/2028 Town Centre II (Amended) included above 7/19/2008 7/19/2028 7/19/2038 2003 Amendment Area No Limit 11/25/2023 11/25/2023 11/25/2048 l/Adjusted annually by consumers pdce index. 2/No tax increment re'renue limit required for amendments to project areas after 1/1~4. 3/The deadline to incur debt with respect to the Otay Valley, Original Southwest, Amended Southwest, Original Town Centre II, and Amended Town Centre II Constituent Areas may be eliminated by adoption of a "SB 211 Ordinance" pursuant to Section 33333.6(e)(2). ('1002) Amount of Bonded Indebtedness Outstanding At Any One Time The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding at one time, shall not exceed $175 million. (1003) Time Frame to Incur Indebtedness The time limit on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Section 33670 of the Redevelopment Law to finance in whole or in part the redevelopment project shall be the time pedod as provided on Table A. These limits, however, shall not prevent the Agency from incurring debt to be paid from the Iow and moderate income housing fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33333.8 of the Redevelopment Law. The loans, advances, or indebtedness may be repaid over a pedod of time longer than this time limit as provided herein. No loans, advances, or indebtedness to be repaid from the allocation of taxes shall be established or incurred by the Agency beyond this time limitation. This limit shall not prevent the Agency from financing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid is not extended beyond the time limit to repay indebtedness required by this section. Provided, however, that the time limits established in this Section 1003 may be extended in the manner provided by applicable law. ROSENOWS. VACEK .OUP.,NC..¢- -- q P^ E AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT (1004) Duration of This Plan Except for the nondiscrimination and nonsegregation provisions of this Plan, and recorded covenants implementing the same, which shall remain in effect in perpetuity, and except as otherwise expressly provided herein, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan shall be effective until the termination date as shown on Table A. After the expiration of the effective term of the Plan, the Agency shall have no authority to act pursuant to the Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts. However, if the Agency has not completed its housing obligations pursuant to Section 33333.8 of the Redevelopment Law, the Agency shall retain its authority to implement requirements under 33333.8, including the ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as is reasonably possible. (1005) Time F~ame to Collect Tax Increment Revenue Except as otherwise provided herein or by Redevelopment Law, the time limitation for the receipt of tax increment and the payment of indebtedness with the tax increment pursuant to Section 33670 of the Redevelopment Law the termination date of revenue, as represented on Table A. This Plan may be amended by means of the procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. ROSENOW SPEVACEK GROUP, INC. .,._z~,~ -- q "~ PAGE 34 Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT [INSERT LEGAL DESCRIPTION] ROSENOW SPEVACEK GROUP. INC. ,.~--~ --.~"'-~ PAGE 37 Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project Public i,,;',,~strocture Projects Improvements to Project Area public infrastructure are intended to alleviate traffic congestion and improve public safety, remove costly impediments to development, and upgrade infrastructure to contemporary standards to stimulate pdvate development. The proposed traffic./circulation improvement projects shall include, but are not limited to roadways, landscape, street lights, pedestrian walkways, bddges, interchanges, roadways, curbs, gutters, sidewalks, parking, street widening, street lights, traffic signals, over or underpasses, utility undergrounding, bicycle paths, street medians, trails, and trolley crossings. The proposed sewer and drainage improvement projects shall include, but are not limited to, monitoring systems, sewer parallels, drainage, sewer lines, wastewater treatment facilities, flooding systems, floor control dikes, and sewer systems. The proposed utility and communication improvement projects shall include, but are not limited to, electrical distribution systems, natural gas distribution systems; cable TV and fiber optic communication systems, water distribution systems, and windbreakers. Further compliance with General Plan, zoning standards, and environmental review may be necessary for these proposals to come forward. Projects include, but are not limited to the following: l) Street/Entryway Beautification. Construct streetscape improvements at key Project Area locations, including Fourth Avenue and Highway 54, E Street and Interstate 5, Third Avenue, and H Street. 2) Main Street Improvements. Construct street improvements along Main Street to improve traffic flows and upgrade character of right-of-way. 3) Broadway Revitalization. Implement a variety of street and other applicable improvements along Broadway, from H Street to L Street. Community Facilities The proposed community facilities improvement projects shall include, but not limited to parks, open spaces, schools, school facilities, fire and police facilities, communication systems, libraries, fire protection, cultural centers, community centers, city maintenance facilities, plazas, recreational facilities, playgrounds, ROSENOW SPEVACEK GROUP. INC. ,..~,,~ _ .~ / PAGE 38 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT and civic center. Further compliance with General Plan, zoning standards, and environmental review may be necessary for these proposals to come forward. ROSENOW SPEVACEK GROUP, INC. ~ ~ - ,,.~ 2-- PAGE 39 Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project The following map presents the current General Plan land use designations for the Project Area. As these designations are subject to change, please refer to the General Plan for more information. ROSENOW SPEVACEK GROUP, INC. .~.~ _ .~..,~-~,'~ PAGE 40 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT THIRD Chula Vis~ City Limits ~ Project Areas General Plan Land Use Designation Map BAYFRONT/TOWN CENTER I ROSENOW SPEVACEK GROUP, INC. ~.~/ - ..~--~ PAGE 41 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT ROSENOW SPEVACEK GROUP, INC. ,,~.~ - ,..,~--'-' PAGE 42 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING AND MAKING AVAILABLE FOR PUBLIC REVIEW DRAFT AMENDED AND RESTATED RULES GOVERNING PARTICIPATION AND REENTRY PREFERENCES FOR PROPERTY OWNERS AND BUSINESS OCCUPANTS, AND AN AMENDED AND RESTATED 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 VOtEREAS, 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 tmless and until them 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 (the "Redevelopment Plans"); and WIIEREAS, 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 Bayfront/Town Centre Redevelopment Project; with each of the two constituent plans retaining its own governing roles 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 roles relating to participation and reentry preferences for property owners and business occupants, and to the method of relocation; and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") did adopt Rules 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 owners and business occupants, in the form attached hereto and incorporated herein as Exhibit "A,"in conjtmction with the proposed 2003 Amendment to the Bayfront/Town Centre I Redevelopment Project and the 2003 Amendment to the Merged Chula 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 Exhibit "B,"as required by Sections 33352(0 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 Owners and Business Occupants in the Bayfront/Town Centre I Project and Merged Chula Vista Redevelopment Project, in the form attached herewith as Exhibit "A"; and 2. Adopts the draft Method of Relocation applicable to the BayfronffFown Centre I Redevelopment Project and to the Merged Chula Vista Redevelopment Project, in the form attached herewith as Exhibit "B"; and 3. The Agency directs that said amended Rules and Method of Relocation be made available for public review as required by the California Community Redevelopment Law a~nd that any proposed changes be brought back for final consideration concurrent with the consideration of the proposed 2003 Amendments to the Bayfront/Town Centre I Redevelopment Project and the Merged Chula Vista Redevelopment Project. Presented by fo n by Laurie M. Madigan '~oooT'e' ' ,f ~ /'" ~ Community Development Director ~ey ~ ~) J:\COMMDEV~RESOS~Agency Resos - Plan Amendment & Expansion Process.doc J \COMMDEVqRESOSXAsency Resos - Plan Amendment & Expansion Process doc ~;~ ~ ~ EXHIBIT "A" AMENDED AND RESTATED RULES GOVERNING PARTICIPATION AND REENTRY PREFERENCES FOR PROPERTY OWNERS AND BUSINESS OCCUPANTS Rules Governing Participation and Preferences by Property Owners and Business Occupants August 19, 2003 - August6Version Redevelopment Agency of the City of Chula Visla 276 Fourth Avenue Chula Vista, California 91910 Rosenow Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa Ana, California 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com Section I. Purpose and Intent ............................................................. Section I1. General 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 Opportunities ........................................................ 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 ................................................................... Section VIII, Amendment of Rules ..................................................... 8 Exhibit A Map of Project Area .............................................Exhibit A-1 Exhibit B Statement of Interest .......................................... Exhibit B-1 C \DOCUMENTS AND S ETTIN G S',MIG U E LT~LO CAL SE I~TINGS\TEMPORARY INTERNET FILES~OLK12\OWNERPARTIClPATIONRULES DOC ~,~ ~ -- ~ Rules Goveming Participation and Preferences by Property Owners and Business Occupants These rules are adopted to implement the provisions of the respective Redevelopment Plans for Bayfront/Town Centre I and Merged Chula Vista Redevelopment Projects ("Projects") regarding participation and the exercise of preferences by property owners and business occupants within the BayfrontZ1'own Centre I Project Area and Merged Redevelopment Project Area ("Project Areas"). These rules set forth the procedures governing such preferences and participation. The Health and Safety Code of the State of California Section 33000 et seq. 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. As used herein, the following definitions apply: A. "Agency" means the Redevelopment Agency of the City of Chula Vista. B. "Business Occupant" 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. REDEVELOPMENT AGENCY OF THE CiTY OF CHULA VISTA AUGUST 19, 2003 -1- OWNER PARTICIPATION RULES 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 ~ong-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 Bayfront/Town 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 Governing Participation and Preferences by Property Owners and Business Occupants. Opportunities for Owner Participation 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. I~,=;=rences for Persons Engaged in Business in the Project Area 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. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUGUST 19, 2003 -2- OWNER PARTICIPATION RULES 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 Owner'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 Owners to rehabilitate or develop property jointly with other persons or entities. Umitafion on Participation Opportunities Owner 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, modernization, 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. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUGUST 19, 2003 -3- OWNER PARTICIPATION RULES 4. 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. 5. Consideration of the elimination and/or change of land uses, particularly nonconforming land uses as specified in City codes. 6. The Agency shall consider the need to realign, abandon, vacate, widen, or open public rights-of-way and the indirect effects of such acts. 7. Consideration of any reduction in the total number of individual parcels in the Project Area. 8. Consideration of whether the proposal involves land assembly and development of areas for public and/or pdvate development in accordance with the Plan. Establishing Preferences 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. Participafion, 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. Methods for Extending Reently Preferences 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 directly to another location within the Project Area, or 2) if suitable relocation accommodations within the Project Area are not available pdor 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 ROSENOW SPEVACEK GROUP, INC. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUGUST 19, 2003 -4- OWNER PARTICIPATION RULES 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. Limitations on the Extension of Preferences 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 safety 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 modernization on the property at the new location in order that it 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 wdting 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 limited to race, sex, marital status, color, creed, religion, national odgin, ancestry, sexual orientation, physical handicap, or medical condition. Establishin~j Preferences Amon~ Business Occupants ~kincj Similar 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 Business Occupants and to determine a solution by consideration of the proposals, including, but not limited 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 institutions, to join together in partnerships, corporations, or other joint entities. ROSENOW SPEVACEK GROUP, INC. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUGUST 19, 2003 -5- OWNER PARTICIPATION RULES Notice and Statement of Interest Before entering into any Participation Agreements or Disposition and Development Agreements relating to the acquisition, 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 invite the Owner to submit a Statement of Interest for Participation (incorporated herein as Exhibit 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 return the Statement to the Agency within thirty (30) days of receipt. Any Owner may also submit such a Statement at any time before such notification. Ail 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, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA time line for the development, and description of any development impediments including environmental matters. Owner shall submit the formal proposal within forty-five (45) days after receipt of wdtten 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 Ru~es. 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 return 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 criteda 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. Participation Agreements General 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 wdtten Participation Agreement with the Agency, if the Agency determines it is necessary to impose upon such properly 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, INC. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUGUST 19, 2003 -7- OWNER PARTICIPATION RULES ..'--¢_ -! ? 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 Agency may require in order to ensure the property will be acquired, rehabilitated, developed and used in accord with the Plan and the agreement. Participation Agreements will be effective only if approved by the Agency. 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 acquisition of property by a public entity. 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. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUGUST 19, 2003 -8- OWNER PARTICIPATION RULES -/3 Map of Project Areas ROSENOW SPEVACEK GROUP, INC. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUGUST 19, 2003 EXHIBIT A-1- OWNER PARTICIPATION RULES - - - ~· Oy.~O~O % *- O~ Chula Vista Limits ~ Ba~ront Project Area ~ Tov~ Centre 1 Project Area BAYFRONT/TOWN CENTRE 1 ~ED~ELOPMENT PROJECT ROSENOW SPEVACEK GROUP, INC. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUGUST 19, 2003 EXHIBIT A -2- OWNER PARTICIPATION RULES Statement of Interest ROSENOW SPEVACEK GROUP, INC. REDEVELOPMENT AGENCY Of THE CITY OF CHUIA VISTA AUGUST 19, 2003 EXHIBIT b -1- OWNER PARTICIPATrON RULES REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA STATEMENT OF INTEREST IN PARTICIPATION I hereby express my interest in participating in the Bayfront/Town Centre I or Merged Chula Vista Redevelopment Project: 1. Name of Property Owner/Tenant: 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 selected to participate in the redevelopment of any real property. Signed: Retum to: Title: Redevelopment Agency of the City of Chula Vista 476 Fourth Avenue Date: Chula Vista, CA 91910 Attention: EXHIBIT "B" AMENDED AND RESTATED METHOD OF RELOCATION Method of Relocation August 19, 2003 Redevelopment Agency of the City of Chuia V'~ta 276 Fourlh Avenue Chula Visla, Califomia 91910 Rosenow Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa ^na, Cal]fomia 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg,com Method of Relocation Section I. Purpose and intent .................................................. 1 Section II. Statutory Requirements ......................................... 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 Method of Relocation 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-profit 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 California Redevelopment Agencies," a comprehensive and detailed plan need not be developed until relocation is imminent. At that time, a more specific analysis will be prepared, pursuant to Section 6038 of Title 25 of the California Code of Regulations. As part of the California Community Redevelopment Law, Health & Safety Code Section 33000 et seq. ("Law"), Health and Safety Code Section 33411 requires the Agency to prepare a feasible method or plan for relocation. In addition, Section 33352(0 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(0 as: "A method or plan for the relocation of families and persons to be temporarily or permanently 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 Iow- 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." 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 pdvate 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 ROSENOW SPEVACEK GROUP, INC..,~---~ -- ~ 2-- PAGE 1 METHOD OF RELOCATION Sections 33411, 33352(0, 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 result 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. To implement the State Relocation Law (Gov. Code § 7260 et seq.) in the Merged Chula Vista Redevelopment Project Area and the Bayfront/Town 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 California, Department of Housing and Community Development, pursuant to Government Code Section 7260 et seq. 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 seq. The State Relocation Law and the State Relocation Guidelines, as now existing and as may be amended from time to time in the future, are incorporated fully herein by this reference. A copy of the State Relocation Law as existing on the date this Method is adopted by the Agency attached hereto as Exhibit "A." A copy of the State Relocation Guidelines as existing on the date this Method is adopted by the Agency is attached hereto as Exhibit "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 within the Merged Chula Vista Project Area and the Bayfront/Town Centre I Project Area will be accomplished in full compliance with the State Relocation Law and State Relocation Guidelines as then in effect. Consistent with the State Relocation Law and State Relocation Guidelines, it 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 result of an Agency project. 2. No persons or families of Iow- and moderate-income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such persons that is safe, decent and sanitary and available at comparable rents. ROSENOW SPEVACEK GROUP, INC. PAGE 2 O-c -2.._3 METHOD OFRELOCATION 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. 5. There will be no discrimination based upon race, color, creed, religion, sex, sexual orientation, marital status, national odgin or ancestry in relocation activities. 6. Displaced households will be offered the opportunity to occupy housing that is reasonably accessible to their places of employment, public transportation, shopping and public facilities. 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. 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 work with local housing authorities and nonprofit sponsors of other subsidized housing to assist eligible persons in applying for priodty placement in affordable housing within the City. 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. This Method has been prepared in accordance with, and is in compliance with, the requirements of the Law. In the event of any inconsistency between the ROSENOW SPEVACEK GROUP, INC. ,._~__. __ ~ ~. PAGE 3 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. ROSENOW SPEVACEK GrouP, INC. ,-..~C. ~ PAGE 4 Method of Relocation ROSENOW SPEVACEK GROUP, INC. S ~__ -- ~ PAGE 5 WAIS Document Retrieval Page 1 of 18 CALIFORNIA CODES GOVERNMENT 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) "Person" means any individual, partnership, corporation, limited liability company, or association. (c) (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 tenant" 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 Code, but does not include any person who has been determined to be in unlawful 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 Code, 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: h~p://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdoclD=0477349393+0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 2 of 18 (A) Any person who has been determined to be in unlawful occupancy of the displacement dwellings. (B) ~y 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 manufacture, processing, or marketing of products, commodities, or any other personal property. (2) Primarily for the sale of services to the public. (3) 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) "Affected property" 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. (g) "Public use" means a use for which real property may be acquired by eminent domain. (h) "Mortgage" 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 accommodate 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 person, shall not exceed 25 percent of the person's average monthly income: (A) Prior to January 1, 1998, 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 http ://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdoclD=0477349393+0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 3 of 18 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, 1998, 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 having 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, 1998, 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 tsrpe 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. (5) In an area not subject to unreasonable adverse environmental conditions. (6) In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of emplo~rment. (j) "Displacing agency" 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. http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdoclD=0477349393+0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 4 of 18 (k) "Appraisal" 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: (1) 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 goverrm~ent 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 http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdoclD=0477349393+0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 5 of 18 temporary relocation of those tenants, shall be exempt from any restrictions on rents imposed pursuant to this chapter. 7261. (a) Programs or 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 projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, 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 http ://www.leginfo.ca.gov/cgi-bin/w~sgate?WAISdocID=0477349393 +0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 6 of 18 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 assistance 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 payqnent for actual moving and related expenses as the public entity determines to be reasonable and necessary, including expenses for all of the following: (1) 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 tangible 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 expenses 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 Dislocation Allowance Payment Schedule established by Part 24 of Title 49 of the Code of Federal Regulations. http~//v~ww.]¢ginfo.¢a. Eov/cgi-bin/waissat¢?~VAISdoclD=0477349393+0+0+0&~VA~Sactio... 8/4/2003 WAIS Document Retrieval Page 7 of 18 (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 ($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" 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 not 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 public 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. http://www.leginfo.ca.gov/cgi_bin/waisgate?WAISdoclD=0477349393+0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 8 of 18 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," 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 fo 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) Ail 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 amount, 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 http ://www.leginfo.ca.gov/cgi_bin/waisgate?WAISdoclD=0477349393+0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 9 of 18 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 "mortgage," 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 which 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. http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdoclD=0477349393+0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 10 of 18 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 which 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 not 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 person's 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 180 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 Sections 7263 and 7264 on a case-by-case basis for good cause as determined in http ~//~.|¢gin£o.¢a.go¥/¢gi-bin/waissat¢?WAISdocID=0477349393+0+0+0&WAISactio._ 8/4/2003 WAIS Document Retrieval Page 11 of 18 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 accordance 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. (c) 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 (c) 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 ($22,500), 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. (a) 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 code 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 O-c -3 7 http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdoclD=0477349393+0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 12 of 18 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 federal rental assistance programs, either to enable 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. (e) 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 Code, a city by ordinance may designate the board to hear appeals from all public entities, except those state agencies which have an appeal process, http ://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdoclD=0477349393+0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 13 of 18 on the eligibility for, or the amount of, 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. 7267. 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 (b) 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 control 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 http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdoclD=0477349393 +0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 14 of 18 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 the 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 shall, 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 ow~ler a copy of the appraisal on which the offer is based. (d) Notwithstanding subdivision (a), 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), "offered for sale" 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 entity's 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 http ://www.legin fo.ca.gov/cgi-bin/waisgme?WAISdoclD=0477349393+0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 15 of 18 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 conder~nation proceedinHs. 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 portion 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) Ail 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. (b) 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 other 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. (b) 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 owner's present or proposed use. http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdoclD=0477349393+0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 16 of 18 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 provision 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 provision 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 also 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, or 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. h~p://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=0477349393 +0+0+0&WAISactio... 8/4/2003 WAIS Document Retrieval Page 17 of 18 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 1245.330 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 the 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 or less, as http ://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=0477349393+0+0+0&WAlSactio... 8/4/2003 WAIS Document Retrieval Page 18 of 18 determined by a qualified appraiser, and if no federal funds are involved in the acquisition, construction, or project development. "Offered for sale" 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. (b) 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. http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdoclD=0477349393+0+0+0&WAISactio... 8/4/2003 Method of Relocation ROSENOW SPEVACEK GROUP, INC. PAGE 6 Title 2~ Department of Housing and Community Development Programs § 6008 lines so superseded shall not apply to any displacement or acquisition oc- Chapter 6, Department of Housing and corfingonorafte~dieeffectivedateoftheseGuidelines. Any soch dis- placement or acquisition shall be governed solely by these Guidelines Community Development Programs and the California Relocation .Act, found at Government Code section 7260 et seq. The provisions of these Guidelines, however, shall not be construed Subchapter 1. Flelocation Assistance and mtroactivaly to apply to action(s) undertaken by a public entity prior to Heal Property Acquisition Guidelines their effective date where the purpose of the action wes to fulfill oblign- tions imposed by the Act and the action is in compliance with die require- ments of thc Act and the existing Guidelines. For the purpose of this sec- Article 1. General don the term "action" shall include but is not limited to: the provision of information, notice, other assistance, comparable replacement housing, §6O00. Ortier of Acloption. payments and other benefits; the preparation of relocation and lest resort This subehapter (hereinafter referred to as the "Guidelines") is housing plans, including the survey and analysis of needs and msoumes; adopted pursuant to the provisions of Section 41135, Health and Safety the processing of grievances; and the various steps taken in connection code, in order to implement, interpret and to make specific provisions of with thc acquisition of property for public use. Division 7, commcneing with Section 7260 of the Govemmenl Code These guidelines shall apply to relocation plans and notices to dispin- (hereinafter referred to as thc "Act"), relating to relocation assistance, cees subsequent to the effective date of any regulatory provision. The last resort housing and real property acquisition, right of displacees shall not be reduced in reliance on any amendment to NOTE: Authority cited for Chapter 6: Sections 41134, 41135, and 41226, Healththese guidelines where it may be demonstrated that the displace= has and Safety Code. Reference: Section 7260 et seq., Government Co&:; 41134, acted in reliance on anotice giventothat housoholdprior to thneffectiva 41135, and 41226. Health and Safety Code. date of any guideline. HISTORY (c) To the extent that these Guidelines are from time to time amended, 1. Amcndmem filed 11-5-76 as an emergency; designated effective 11-27-76 the amendments shall be effective prospectively from the date that they (Register 76, No. 44). For prior histo~, sec Register 76, No. 44. become effective. 2. Redeaignation of Chapter 6 (Sections 600~6198, nol consecutive) m Chapter 6, Subchap~r 1 (Scedons 6000-6198, not consecutive) filod 1-28-77 as proce- NOTE: Authority cited: Secdon 50460, Health ~md Safety Code. R~fa'enc=: Ar* dural and ovgnnizational; effective upon filing (Register 77 No. 5). ticl¢ 4, Section 8, California Cons~itedon. 3. Amendment filed 1-28-77 ~s procedural and organizational; effective upon ill- HISTORY lng (Register 77, No. 5). 1. Amendment of subseedon ih) filed 11-5--76 as an emergency; designated effec- tire 11-27-76 (R~gister 76, No. 44). 4. Ca,ideate of Compllance as 1o filing of 11-5-76 filed 2-16-77 (Register 77, 2. Cel~ificate of Compliance filed 2-16-77 (Register 77, No. 8). No. 8). 3. Amendment of section and new Nine filed 8-12--97; operanve 9-11-97 (R~gis- § 6002. Statement of Purpose end Poli¢¥. tar 97, No. 33). (a) The propose of the Guidelines is to assist public entities in the de- § 6006. R~jul~tlons. vcinpmcot of regulations and procedures implementing the Act. (a) Each public entity before undertaking or participating in activity Co) The Guidelines are designed to carry out the following policies of which will result in the displacement of persons shall adopt ntlcs and reg- the Act: uiatioes that implement the requirements of the Act, are in accordance (1) Toensure that aniform, fair and equitable treatmantis afforded Per- with the provisions of thc Guidelines, and prescribe additional prone- sons displaced from dieh' homes, businesses or farms as a result of the dures and requirements that are appwpriate to the particular activities of salons ufa public entity in order that such persons shall not suffer dispro- die public entity and not inconsistent with the Act or Guidelines. portionate injury es a result of action tsken for the benefit of the public CO) Rules and reguladons issued under this section shall be promptly es a whole; and revised as necessary, to conform to any amendment of the Act or Guide- (2) In the acquisition of real property by a public entity, to ensure con- lines. sistent and fair U'eatment for owners of real property to be acquired, to encourage and expedite acquisition by agreement with owners of such § 600B. D~finition~*. The following terms shall mean: property in order Io avoid litigation and relieve congcatinn in courts, and (a) Acquisition. to promote confidence in public land acquisition. Obtaining ownership or possession of pwpeny by lawful means. (c) A public entity shall not pa~cipate in or undertake a project that ' (b) Business. will displace individuals from their homes unless comparable replace- Any lawful activity, except a farm operation pwvidnd such lawful an- merit dwellings (sen subsection 6008(c)) will be available within a rea- tivily is not in an unlawful occupancy as defined in subsection (v), con- sonabhi period of time prior to displacement, dacted primarily: (d) The Guidelines am inteaded to nstahiish only miuimum require- ( 1 ) For die porchese, sale, lease, or renlal of personal and real propei~y, ments for relocation assistance and payments. They shall not be con- and for die manufacture, processing, or marketing of products, cow. mo- strued to limit any other authority or obligation which a public entity may dirges, or any other personal property; have to provide additional assistsnce and payments. (2) For lhe sale of services w the public; (e) The Act and the Guidelines are intended for the benefit of displaced (3) By a nonprofit organization; or persons, to ensam thai such persons receive fair and equitable m:aunent (4) Solely for the purpose of a moving expense payment (see section and do not suffer dispropordonate injmies es the result of programs de- 6090), for assisting in the purchase, sale, resale, manufacture, process- signed for the benefit of the public es a whole. The Act, Guidelines and lng, or marketing of produas, commodities, personal propaly, or sor- all applicable regulations on which determinations arc based shall be vicesbytheerectianandmaintenanceofanoutdonradverfialngdisplay, construed to effect this intent, whether or not such display is loca~:l on the premises on which any of § 6004. Applicability end $uperseclum. the above activities are cenduaed. (a) Except as otherw se noted in this soction, the Guidelines are appli- (c) Comparable Replacement Dwelling. cable to all displacement and acquisition occurring on or after their effec- A dwalling which satisfies each of the following standards: tire date, January I, 1977. (1) Decent, safe and sanitary (as defined in subsection 6008(d)), and (b) These Guidelines supersede those adopted by the Commission of comparable to the acquired dwelling with respect w number of rooms, Housing and Community Development on October 17, 1973. The guide- habilable living sp, a~e/and type and quality of constmedan, but not lesser Page 261 ''~ C ~ cf ~ ~i~,~o. 4~;10-s-~ § 6008 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 in rooms or living space than fieccssmy m accommodate the displaced (e) DeparUncnt. Department of Housing and Community Develop- person. . menL (2) In an area not subjected to unreasonable adverse environmental (f) Displaced Person. Any person who moves from reel property, or conditions from either natural or manmade sources, and not generally who moves his personal property from real property, either:. less desirable than the acquired dwelling with respect to public utilities, (1) As a result of a written notice of intent to acquire by a public entity public and commercial facilities and neighborhood conditiens, including or as a result of the acquisition of such real property, in whole or in pan, schools and municipal services, and reasonably accessible to the dis- by a public entity or by any person having an agreement with or acting planed person's present or potential place of employment; provided that on behalf of a public antity, or as the result of a wrlUen onter from a public a potential place ofemploymem may not be used to satisfy the accessibil- entity to vacate the real property, for public ase; or ity requirement if the displaced person objects. (2) As a result of the rehabilitation, demolition or other displacing ac- The Act and Guidelines do not require that the replacement dwelling fivity undertaken by a public entity or by any person having an agreemem be generally as desirable as the acquired dwelling with respect to envl- with or acting on behalf of a public entity of ~ property on which the ronmental characteristics. Though a displaced person does not have to person is in lawful occupancy or conducts a business, and the displace- accept a dwelling subject to unreasonable adverse environmental condi- ment, except as provided in Govemmem Code section 7262.5,lasts Ioog- tions, neither is a public entity required to duplicate environmental char- er than 90 days. acterisfies, such as scenic vistas or proximity to the ocean, lakes, rivers, This definition shall be construed so that persons displaced as a result forests or other natural phenomena, of public action receive relocation benefits in cases where they are dis- If the displaced person so wishes, every reasonable effort shall be placed as a result of an owner participation agreement or an acquisition made to relocate such person within or near to his existing neighborhood, carried out by a private person for or in connection with a public usc Whenever practicable the replacement dwelling shall be reasonably where the public entity is otherwise empowered to acquire the property close to relatives, friends, services or organizations with whom there is to ca~y out the public use. an existing dependency relationship. (3) Except persons or families of low and moderate income, as defined (3) Available an the private markat to the displaced person and avail- in Section 50093 of the Health and Safety Code, who are oocupants of able to all persons reg~diass of race, color, sex, marital status, religion, housing which was made available to them on a permanent basis by a or national origin in a manner consistent with Tide VIII of the Civil public agency and who are required to move from that housing, a dis- Rights Act of 1968 or any other applicable state or federal anti-discrimi- placed person shall not include any of the following: nation law. (A) Any person who has been determined to be in unlawful occupancy (~-) To the extent practicable and where consistent with paragraph of the displacement property as defined in subsection 6008(v). (c)(1) of this section, functionally equivalent and substantially the same (B) Any person who is a pest-acquisition occupant of the displace- as the acquired dwelling, but not excluding newly constructed housing, merit dwelling, as provided in section 6034(b); (5)(A) Within the financial means of the displaced person. A replace- (C) Any person who occupied the property for the purpose of obtain- ment dwelling is within the financial means of a displaced person if the lng relocation benefits and assistance; monthly rental cost (including utilities and other reasonable recurring ex- (D) Any person who is an occupant of a"Qualified affordable housing penses) minus any replacement housing payment available to the person preservation project" and all requirements of Govemmant Code section (as provided in section 6104) does not exceed thirty percent (30%)1 of 7262.5 are met; or the person's average monthly incume (as defined in subsection 6008(1 )). (E) Any person occupying private property (not otherwian cnfiflod to (B) For homeowners; a replacement dwelling is within the financial relocation benefits as a result of an aequlsirioo, rehabilitation or damuli- means oft displaced person if the purchase price of the dwelling inalud- den program) who is required to move as a result of the displacing lng related increasedinterest costs and other reasonable expenses includ- agency's routine enforcement of bnilding, housing or health codes unless lng closing costs (as described in section 6102) does not exceed the total the code enforcement is undertaken for the pu,-pose of causing displace- of the amount of just compensation provided for the dwelling acquired ment in coordination with an identified rehabilitation, coostmerioo, or and the replacement housing payment available to the person (as pro- demolition program or project. vidod in section 6102). (F) A person who is not required to move permaneody or temporally If a dwelling which satisfies these standards is not available the public as a result of the project as long as they are notified they am not required entity may consider a dwelling which exceeds them. to move and the project does not impose an unreasonable change in the (d) Decent, Safe and Saulta~. character or use of the property. (l) Housing in sound, clean aod weather fighi condition, in good repair (G) An owner-occupant who moves as a result af an acquisition meat- and adequately maintained, in conformance with the applicable state and lng the requirements of Govemmcut Code section 7277. local building, plumbing, electrical, housing and occupancy codes or (g) Dwelling. The place of permanent or customary and usual abode similar ordinances or regulations and which meets the following mini- of a person, including a single-family dwelling, a single-family unit in mum standards: a two-family dwelling, multi-family or multipurpose dwelling, a unit of (A) Each housekeeping unit shall include a kitchcu with a fully usable a condominium or cooperative housing projoct, a nonhousekeeping unit, sink, a stove or connection for a stove, a separate and complete baflu'oom, a mobilehome, a recreational vehinle as deacribed in Henlth and Safety hot and cold maning water in both bathroom and kitchen, aa adequate Code Section 18010, or any other residential unit which either is ooasid- and safe wiring system for ligming and other elactfical services and heat- exed to be real property under State law or cannot be mevod without sub- lng as required by climatic conditions and local codes, stanfial damage or unreasonable east. A residence need not be decent, (B) Each noabcusekceping unit shall be in cunformance with state and safe and sanita~ to be a dwelling. local code standards for boarding houses, hotels and other dwellings for A second home shall be considered to be a dwelling only for the por~ congregate living, pose of establishing eligibility for payment for moving and related ex- (2) When the term decent, safe and sanitary is imerpreted, under local, pensea (as provided in section 6090). stato or federal law, as astablishing a higher standard, the elements of that(h) Economic Renc The amount of rent a tonant or bomenwner wonid higher staodard, which exceed the provisian of paragraph (1) of this anb- have to pay for a dwelling similar to the acxluired dwnlling in a oompant- section, ere incorporated herein. A unit which is occupied by no more bin area. than the maximum number of people allowed under the State Building (i) Elderly Household. A household in which the head of househnld or Code shall be considered to be in compliance with the occupancy provi- spouse is 62 years or older. sions of this subsection. ~-~ ~ q ~7 Page 262 ~na~ ~, t~. 4~; ~o-s-~ Tire 25 Department of Housing and Community Development Programs § 6012 (j) Family. Two or moie individuals who by blood, marriage, adop- was notundenaken for thc purposeofevadingrelocationasalstanceobli- tion, or mutual consent live together as a family unit., gations. (k) Farm Operation. Any activity conducted solely or primarily for the production of one or more agrlceltural products or commodities, includ- IFor those who, pursuant to the ~itm'ia set forth ia Govemn-cm Code section lng timber, for sale or home use, and customarily producing such prod- 7260(iX3)(A) thn)ugh (3), would have qualified as a "displaced pet~on" prior nets or commodities in sufficient quantity to be capable of contributing January 1, 1998, the applicable figure shall be twenty-five pen:em (25%) of the materially to the operator's support, p~son's average monthly income. (/) Gross Income. Gross income means the total annual income of an No~: Authority cited: Secton 50460, Health and Safety Ced~. Rafe~n~: individual, or where a family is displaced total annual income of the par- fi0ns 7260(b),(c)(2)(A), (1)(1) and 72T/, G0v~mmm C0~; S~tioa 17000,C0r- porafions Code; and Sections 18007, 18008, 1S010 and 50093, Hcallh and Safety eats or adult heads of household, less the following: Code. (1) A deduction of $500 for each dependent in excess of three. HistORY (2) A deduction of ten p~rceat (10%) of total income for an alderly or 1 · Amendment of section and new N°n~ filed 8-12-97; °Ix'native 9-11-97 (R~gia' handicapped household. ~ 97, No. 33). (3) A deduction for recurring, extraordinary medical expenses, de- 2. Redesignation and amendment of forn~r subsection lc)(5) as subsections (c)(5)(A)-(B) and amcndmem of subsections (13(2) and (f)(3)(D) filed fined for this purpose to mean medical expenses in excess of three per- 10-7-99; optative 11~o-99 (Register 99, No. 41). cent of total income, where not compensated for or covered by insurance or other sources, such as public assistance or ton recovery. § 6010. Prior Determinations. (4) A deduction of reasonable amounts paid for the care of children or ia) Displacement. No public entity may proceed with any phase of a sick or incapacitated family members when determined to be necessary project or other activity which will result in the displacement of any per- to employment of the head or spouse, except that the amount deducted son, business or farm until it makes the following determinations: shall not exceed the amount of income received by the person thus re- ( 1 ) Fair and reasonable relocation payments will be provided to eligi- leased, bin persons as required by Article 3 of the Guidelines. Gross income is divided by twelve to ascenaln the average monthly (2) A relocation assistance program offering the services described in income. Relocation and property acquisition payments are not to be con- Article 2 of the Guidelines will be established. sidereal as income for the detenuination of financial means. (3) Eligible persons will be adequately informed of the assistance, (m) Handicapped Household. A household in which any member is benefits, policies, practices and procedures, including grievance proco- handicapped or disabled, durea, provided for in these Guidelines. in) Initiation of Negotiations. The initial written offer made by the ~- (4) Based upon recent survey and analysis of both the housing needs quiring entity to the owner of real property to be purchased, or the own- of persons who will be displaced and available replacement housing and er's representative, considering competing demands for that housing, comparable replace- (o) Manufactured Home or Mobilehome. A structure described in ment dwellings will be available, or provided, if necessary, within a rea- Health and Safety Code sections 18007 and 18008. sonable period of time prior to displacement sufficient in number, size (p) Mortgage. Such classes of liens as are commonly given to secure and cost for the eligible persons who require them. advances on, or the unpaid purchase price of, real property, together with (5) Adequate provisions have been made to provide orderly, timely, the credit ins~ments, if any, secured thereby, and efficient relocation of eligible persons to comparable replacement iq) Ownership. Holding any of the following interests in a dwelling, housing available without regard to race, color, religion, sex, marital sta- or a contract to purchase one of the first six interests: tas, or national origin with miniroum hardship to those affocted. (1) A fee tire. (6) A relocation plan meeting the requirements of section 6038 has (2) A life estate, been prepared. (3) A 50-year lease. Co) Acquisition. No public entity may proceed with any phase of a (4) A lease with at least 20 years to ran from the date of acquisition of project or any other activity which will result in the acquisition of real the property, property until it determines that with respect to such acquisition and to (5) A proprietary interest in a coopomtive housing project which in- the greatest extent practicable, chides the right to occupy a dwelling. (1) Adequate provisions have been made to be guided by the pmvi- (6) A proprietary interest in a mobilehome, stoas of Article 6 of the Guidelines, and (7) A leasehold interest with an option to purchase. (2) Eligible persons will be informed of the pertinent benefits, policies In the case of one who has succeeded to any of the foregoing interests and requirements of the Guidelines. HISTORY by devise, bequast, inheritance or operation of law, the tenure of owner- 1. Amendment o f subsection Co) fred 11-5-76 as an cmergeacy; dealgneted effec- ship, but not occupancy, of the succeeding owner shall include the tenure tive 11-27-76 (Regisler 76, No. 44). of the preceding owner. 2. Ccnifieate of Compliance flied 2-16-77 01egista' 77. No. 8). ir) Person. Any individual, family, partnership, corporation, limited li- ability corporation or association. § 6012. Citizen Participatior~. is) Public Entity. Includes the state, the Regents of the University of ia) All persons who will be displaced, neighborhood groups and any California, a county, city, city and county, district, public authority, pub- relocation committee shall be given an opportunity and should be Itc agency, and any other political subdivision or public corporation in couragod fully and meaningfully to participate in reviewing the rcinea- the state when acquiring real property, or any interest therein, or ordering fion plan and monitoring the relocation assistance program. that acquired property be vacated, in any city or county for public use. (b) When a substantial number of persons will be displaced from their it) Public Use. A use for which property may be acquired by eminent dwellings the public entity shall encourage the residents and community domain, organizations in the displacement area to form a relocation committne. (u) Tenant. A person who rents or is otherwise in lawful possession of The committee shall include, when applicable, residential owner occu- a dwelling, including a sleeping room, which is owned by another, pants, residential tenants, business people, and membe~ of existing or- iv) Unlawful Occupancy. A person is considered to be in unlawful oc- gauizafions within the area. In lieu of initiating a new process of citizen cupancy if the person has b, ece ordered to move by a court of competent participation, public entities which have conducted or are conducting a jurisdiction or if the person s tenancy has been lawfully terminated by the citizen participation process as part of an existing development program owner for cause, the tenant has vacated the premises, and the termination may substitute such process if it satisfies the requirements of this section. Page 263 ~mr 99, ~Io. 41; 10--8--99 § 6014 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 If a substantial number of persons will no~ be displaced from their dwellings, the public entity shall at least consult with and obtain thc ad- Article 2. Relocation Assistance Advisory vice of residents and cormmunity organizations.and make the relocation plan available to such persons and organizations ptior to submitting it m Program and Assurance of Comparable the legislative body for approval. (See section 6038.) Replacement Housing (c) At a minimum the displacing entity shall guarantee the following: (1) Timely and full access to all documents relevant to the relocation § 6030. Purpose. program. A public entity may reasonably restrict access to material ' Thepurp0seofthispartistosetforthrequirementswithrespecttothe whereitsconfidentiaiityisproremedbylaworitsdisclosureisprohibited development and implementation of a relocation assistance advisory by law. program for the provision of specified services and to prescribe the obli- The displacing entity shall ensure that the information in documents gation of a public entity not to displace or cause the displacement of any the provision of which would result in disclosure of the identity of aligi, person from his dwelling without adequate notice and unless comparable ble persons is provided in a manner designed to avoid such disclosure, replacement housing is available. This obligation to avoid improper disclosure shall not affect the right of the person to which the information relates (or any other person audio- § 6032. Relocation Assistance Advisory Program. rized in writing by such person) to inspect such documents. Public entities shall develop and implement a ~=location assistance ad- (2) The provision of technical assistance necessasy to interpret ale- visory program which satisfies the requirements of this article and of ments of the relocation plan and other pertinent materials. Title VI of the Ciyil Rights Act of 1964, Title VII1 of the Civil Rights Act (3) The fight to submit written or oral comments and objections, in- of 1968, the Unmh Civil Rights Act, the Rumford Act and applicable state and federal anti-dlserimination laws. Such program shall be admin~ eluding the right to submit written comments on the relocation plan and istered so as to provide advisory services which offer maximum assis- to have these comments attached to the plan when it is forwarded to the tanee to minimize the hardship of displacement and to ensure that (a) all local legislative body or the heed of the state agency for approval. (4) Prompt, written response to any written objections or criticisms, persons displaced from their dwellings are relocated into housing meet- ing the criteria for comparable replacement housing, and (b) all persons displaced from their places of business or farm operations are assisted in § 60.14. Prerequisite to Dinplacement. reestablishing with a minimum of delay and loss of earnings. No person shall be displaced anti] the public entity has fulfilled the ob- NOTE: Authority cited: Section 50460, Health and Safety Code. Reference: Sec- ligations imposed by the Act and Guidelines. don 7261, Govcmmear Code. HISTORY 1. Amendment of section and new NOTE filed 8-12-97; operative 9-11-97 (Regis- § 60'16. Remedies. ~r 97, No. 33). (a) If the public entity has not fulfilled or is not substantially fulfilling § 6034. Eligibility, its relocation responsibilities, it shall cease displacement until such time (a) Relocation assistance and benefits shall be available to: as its responsibilities are fulfilled. When appropriate project implemen- ( 1 ) Any person who occupies property from which he will bo dis- tation shall be suspended or terminated, placed. (b) Eligible persons who move withota offers of assistance and bane- (2) Any person who will move from real property or will move his per- fits, after the poblic entity was required to offer assistance or benefits, sonal property from real property, because be will be displaced from oth~ shall be provided such assistance and payments and, when appropriate, er real property on which he conducts a business or farm operation. compensation for additional costs incurred. Thc displacing entity shall (3) Any person who moves from real property as a result of its aequisi- make every effort m identify and locate such persons, tion by a public entity whether the move is volentary or involumm3,. (c) A public entity may pay a complainant's attorney's fees and costs {4) Any person who, following the initiation of negotiations by a pub- and is encouraged to consider doing so when a complainant institutes a lic entity, moves as the result of the pending acquisition. successful administrative appeal or judicial action. (5) Any person who moves as the result of pen,ding acquisition, reha- (d) The enumeration of remedies in this section is not intended to dis- bilitation or demolition by a public entity either following receipt of a courage or preclude the use of other remedies consistent with the intent Notice of Intent to Displace (see section 6086) or as a result of induce- of the Act and Guidelines. Rather a public entity is encouraged to consid- ment or encouragement by the public entity. er and adopt other reraedies. Co)(l) Post-acquisition tenants, those who lawfully occupy propo~y only after a public entity acquires it, or who lawfully occupy pmlxaly al- § 60'18. Priority of Federal Law. tar the private acquisition of propony by a person with a written agree- ment with a public entity for the purpose of financing the pomhase or de- ll a public entity undertakes a project with federal financial assistance velopment of the property, are not eligible for assislance and benefits and consequanlly must provide relocation assistance and benefits as re- quired by federal law, the provisions of the Act and Guidelines shall not other than advisory assistance to the extent determined by the displacing apply; but if an obligation to provide relocation assistance and benefits agency. is n6t imposed by federal law the provisions of the Act and Guidelines A public entity shall inform post-acquisition tenants regarding the pro-jeered date of displacement and, periodically, should inform post- shall apply, acquisition tenants of any changes in this projection. (2) When the displacement of a post--acquisition tenant causes a hard- § 6020. Severabllity. shipfurthatpersonbocansoofacdticalhoualngshortaae, age, handicap, lfany provision of the Guidelines or the application thereof is held in- infirmity, lack of financial means or other circumstance, the displacing valid, such invalidity shall not affect other provisions or applications of entity shall provide relocation advisory assistance and, may in its discre- the Guidelines which can bo given effect without the invalid provision tion, provide other financial relocation benefits. In such hardship situs- or application, and to this end the provisions of the Guidelines are sever- tions a public entity is encouraged to provide advisory assistance and able. payment for moving expenses. Page 264 ~ 99, No. 41; 10-8-99 Title 2~ Department of Housing and Community Development Programs § 6040 (3) Where al~ublic entity, or propurty it owns, is making housing avail- (15) A written determination by the public entity that the necessary re- able on a permanent basis, a post-acquisition lenant who moves as the sources will be available as required. result of a written ordor from the public entity to vacate is eligible for m- (c) A Plac pr'epared by a local public ontity shal~ be consistent with die location assistance and benefits if the order to vacate is related to a plan local housing element. to demolish, rehabilitate or change the use of such units. (d) In the event of delay of more than one year in the implementation NOTE: Authority cited: Sect/on 50460, Health and Safety Code. Rafevence: Sec- of the relocation program, the plan shall be updated prior to implementa- lion 7260(e), Government Code. tion of that program. HISTORY (e)(1) Copies of the plan shall be submitted for review to the relocation 1. Amendmentofsection andnew No~filedg-12-97;0perstlveg-11-97 (Regis- committee 30 days prior to submission to the local legislative body or tar 97, No. 33). bead of state agency for approval. Copies shall be available to the public § 6036. Rehabilitation and Demolition. upon request. A copy of the final relocation plan shall be fo~ardad to If a public entity undertakes a rehabilitation or demolition program thc department which shall act as a central reposito~7. and as a result a person or business is displaced from privately owned (2) General notice of the plan shall be provided. Notice shall be de- property, the public entity shall provide assistance and benefits. If a per- signed to reach the occupants of the property; it shall be in accordance son or business is displaced by such an undertaking from property ac- with the provisions of paragraph 6046(a)(3) and subsection 6046(b); and quired by a public entity, the public entity shall provide assistance and it shall be provided 30 days prior to submission to the local legislative benefits, body or head of state agency for approval. NOTE: Authority cited: Section 50460, Health and Safety Code. Reference: Sec- (f) Any displaced person or interested organization may petition the don 7260(c), Government Code. department to review the relocation plan required to be submitted by the HISTORY displacing agency. The department shall review the plan in accordance l. Amendmant ofsectionheading andsection andnew NorEfiled 8-12-97;opera- with the time constraints and the procedures established in Article 5. five 9-I 1-97 (Register 97, No. 33). NOTE: Authority cited: Section 50460, Health and Safety Code. Reference: Sex:- fions 7260.5 and 7261, Government Code. § 6038. Relocation Plan. thSTO~V (a) As soon as possible following the initiation of negotiations and 1. Amendment of subsection (c) filed 1-28-77 as procedural and organizational; wior to proceeding with any phase of a project or other activity that will effective upon filing (Register 77, No. 5). result in displacemont a public entity shall prepare a Relecation Plan and 2. Amendment of subsections (a) and (c)-(e)(l), new subsection (f) and new No'm filed 8-12-97; operative 9-11-97 (Register 97, No. 33). submitit forapproval tothelecal legislativebody, orin the caseofastate 3. Amendment of subsections (a), (b)(9) and (=}(1) filed 10-7-99; operative agency, the head of the agency. When thc public cathy's action will only 11-6-99 (Register 99, No. 41). result in an insignificant amount of non-rosidential displacement a dis- placing entity shall provide benefits as required by these Guidelines and § 6040. Minimum Requirements of Relocation Assistance state Relocation Law without compliance with this section. For residen- Advisory Program. tial projects of l 5 or less households, the full and accurate completion of (a) Each relocation assistance advisory program undertaken pursuant the Model Relocation Plan HCD-832(?ew), which is incorporated by to this Article shall include, at a minimum, such measures, facilities or reference as if set forth in full, shall be presumed to be in compliance with sorvices as may be necessary or appropriate in ordor to: the planning requirements of this section. Copies of the Model Reloca- (1) Fully inform eligible persons under th/s Article within 60 days fol- fion Plan HCD-832(6/8/99) as well as the Informational Notice lowingtheinitlatlonofnegotiationsbutnotlamrthenthecloseofesorow HCD-833(6/8/99), which is incorporated by reference as if set forth in on the property, for a parcel as to the availability of relocation benefits full, may be downloaded from the Department's interact web site at and assistance and the eligibility requirements therefor, as well as the www.hcd.ca.gov. This form can be obtained from the Department by procedures for obtaining such benefits end assistance, in accordance with telephoning 916-323-7288. the requirements of section 6046. For projects by private parties with an Co) A Relocation Plan shall include the following: agreement with a public entity, the "initiation of negotiations" shall be ( 1 ) A diagrammatic sketch of the proj act area. the later of the date of aequisition or the date of the written agreement be- (2) Projected dates of displacement, twcen the private entity and the public entity for purposes of acquiring (3) A written analysis of the aggregate relocation needs of all persons or developing the property for the project. to be displaced (as required by section 6048) and a detailed explanation (2) Determine the extent of the need of each such eligible person for as to how these needs are to be meL relocation assistance in accordance with the requirements of section (4) A written analysis of relocation housing resources (as required by 6048. section 6052). (3) Aseore eligible persons that within a reasonable period of time (5) A detailed description of the relocation advisory se~ices program, prior to displacement there will be available cemplu'able replacement including specific procedures for locating and referring eligible persons 'housing, meeting thc criteria described in section 600g(c), sufficient in to compluable replacement housing, number and kind for end available to such eligible persons. (6) A description of the relocation payments to be made (pursuant to (4) Provide current and continuing information on the availability, Article 3) and a plan for disbursement, prices, end rent, s of cemparable sales and rental housing, and of compe- (7) A cost estimate for can-ying out thc plan and identification of the rable commemial properties end locations, and as to security deposits, source of thc necessary funds, closing costs, typical down payments, interest rates, and terms for resi- (8) A detailed plan by which any last resort housing (as described in dential prope~.y in the area. section 6054 and Article 4) is to be built end tin,ced. (5) Assist each eligible person to complete applications for payments (9) A standard information statement to be sent to all renters who will and bcmefits. be permanently displaced (as required by section 6046). (6) Assist each eligible, displaced person to obtain end move to a eom- (10) Temporm3' relocation plans, if any. parable replaceroent dwelling. ( 11 ) A description of relocation office operation procedures. Only adequate inspection will insure that a particolar unit meets this (12) Plans for citizen pm'ticipation, standard. If a displaced person occupies a unit to which he is referred by (13) An enumeration of the coordinadon aedvities undertaken (per~ the public entity and the unit dces not satisfy the enmparable replacement suant to section 6052): dwelling standazd, thc public entity has not fulfilled its obligation to as- (14) The comments of the relocation committee, if any (pursuant to sist the displaced person to obtain such a dwelling. Whenever this occurs section 6012). the public entity shall offer to locase such a dwelling for the displaced per- § 6042 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 son and to pay again all moving and related expenses. If the displaced Public entities shall notify each individual tenant to be displaced as well person chooses not to move from the unlt that he oceupied following re- as each owner-occupant. (There requirements arc in addition to those ferral, the public entity shall not asren that he is ineligible to receive relo- contained in sections 6040 and 60~.) cation assistance and benefits on the basis of that unit's failure to satisfy (e) Waiver. the comparable replacement dwelling standard. The requirement in subsection (a) above may be waived only whenim- (7) Assist each eligible person displaced from his business or farm op- mediate possession of real property is of crucial importance and by one eration in obtaining and becoming established in a suitable replacement of the following circumstances: location. (1) When displacement is necessitated by a major disaster as defined (8) Provide any services required to insure that the relocation process in Section 102(2) of the Hazard Mitigation and Relocation Assistance does not result in differant or separate treatment on aecoont of race, color, Act of 1993 (42 U.S.C. 5121 ) and/or tha California Natural Disaster As- religion, national origin, sex, marital status, familial status, or any basis sistance Act. protected by state or federal anti~:liscrimination laws, or any other arbi- (2) During periods of declared national or state emergency. trary circumstances. Non: Authority cited: Section 50460, Health and Safety Code. Refenmce: Sec- (9) Supply to such eligible persons information concoming federal and lions 7260.5, 7261 and 7264.5, Govemm~m Code. HISTORY state housing programs, disaster loan and other programs administered 1. Amendment of subsections (a) and (e)(1) and new NOTE filed 8-12-97; opera- by the Small Business Administration, and other federal or state pro- tire 9-11-97 (Register 97, No. 33). grams, offering assistance to displaced persons. (10) Provide other adviso~ff assistance to eligible persons in order to § 6044. Tomporar~ minimize their hardships. It is recommended that, as needed, such assis- (a) General. tance include counreling and referrals with regard to housing, financing, (1) A public entity shall be required to minimize to the greatest extent employment, training, health and welfare, as well as other assistance, feasible the use of tefi~porary relocation resources (as defined in section (11) Inform all persons who arc expected to be displaced about the 6042) but, when a project plan anticipates moves back into completed eviction policies to be pursued in carrying out the project, which policies project accommodations, temporary relocation resources may be used, shall be in accordance with the provisions of section 5058. at the displaced person's election for a limited period of time. (b) Relocation Office. (2) Temporary relocation does not diminish the responsibility of the Whenasubstsntiainumberofpersons will bedisplaced and the reloca- pubic entity to provide relocation assistance, services and benefits tion staff's office is not easily accessible to those porsons, a displacing signed to achieve permanent relocation of displaced persons into compa- entity is encouraged to establish at least one appropriately equipped site ruble replacement dwellings. office which is accessible to ail thc area residents who may be displaced Co) Requirements. and is staffed with trained or experienced relocation personnel. Office (1) Temporary replacement housing may not berelied upon if compa- hours should be scheduled to aconrranodate persons unable to visit the ruble roplacoment housing will not be available to the displaced person office during nermai business hours, within 12 months of the date of thc temporary move. (c) Each displacing entity shall establish and maintain a formal crier- (2) Prior to the move, the public entity shall have determined and have anne procedure for use by displaced persons seeking adminisU'ative re- provided written assurance to each displaced person that: view oftheentity'sdetermiontions. Tbeprocedureabail bein accordanco (A) Comparable replacement housing will be made available at the with the requirements of Article 5. earliest possible time but in any event no later than 12 months from the NOTE: Authedty cited: Section 50460, Health and Safety Code. Reference: Sec- date of the move to temporary housing. Temporarily housed peraous may tions 7260.5 and 7261, Government Code. agree to extend the 12 month limitation but,if they do not, the public enti- HISTORY ty shall ensure that comparable replacement dwellings axe available 1. Amendment of subsections (a)( 1 ) and (a)(8) and new Nmz filed 8-12-97; op- within the 12 month pe~od. erafive 9-11-97 (Register 97, No. 33). (B) Comparable replacement housing will be made available, on a priority basis, to the individual or family who has been temporarily ro- housed. § 6042. ~leplannment Housin~l Prior to Displacement; (C) The move to temporary housing will not affect a claimant's eligi- Notine~ to Displ,*¢ed P,,r$on$. bility for a replacement housing payment nor deprive him of thc same (a) No eligible person shall be required to move from his dwelling un- choice of replacement housing units that would have been made avail- lass within a reasonable period of tlme prior to dlsplacement comparable able had the temporm3t move nat been made and the onsts of a tempol-ary replacement dwellings (as defined in subsection 6008(c)) or, in the case move will not be considered as all or a part of the rol~cation payments of a temporary move (as defined in section 6044), adequate replacement to which a displaced person is entitled. dwellings (as defined in subsection Co) below) arc available to such per- (D) If a project plan anticipates moves back into roplacement housing son. accommodations in the project or program are~ the person who has been Co) The criteria for adequate replacement dwellings are in alt respects temporarily displaced will be given priority opportunity to obtain such identical to those for comparable replacement dwellings, except that an housing accommodations. adequate replacement dwelling, with respect to thc number of rooms, (E) The public entity will pay ail costs in connection with file move habitable living space and type of construction, need be only adequate temporary housing, including increased housing costs. not comparable. (c) Reasonable Offer of Replacement Housing. § 6046. Info'rmations, I Program. The requirements of this section shall be deemed to have been satisfied (a) Basic Requirements. if a person is offered and refuses without justification reasonable ~:hoices The displacing entity shall establish and maintain an information pro- of specifically identified comparable replacement dwellings which fully gram that provides for the following: satisfy the criteria set forth in the Guidelines. The offers shall be in writ- (1) Proparatinn and distribution of informalionai material as early as lng, in a language onderstond by the dlsplaned person. The number of of- practicuble, to each occupant of the property. This ma~eriai shaB be dis- fers determined to be reasonable should be not less than three, tributecl within 60 days following the initiation of negotiations (see para- (d) Notice. graph 6040(a)(1)) and not less than 90 days in advance of displacement No eligible person occupying property shall be required to move from except for those situations described in subsection 6042(e). Where ap- e dwelling or to move a business or farm operation, without at least 90 proprlate, separate informational statements shall be prepared for rosi- days written notice from the public entity requiring the displacements, dentiai and for non-realdantiai occupants. Pslge 266 l~ist~r 9~, No. s~; ~0-s-~9 Tide 25 Department of Housing and Community Development Programs § 60-g2 (2) Conducting personal interviews and maintaining personal contacts (c) A public entity shall endeavor to obtain thc following information: with occupants of the property to the maximum extent practicable, income; whether a person is elderly or handicapped; size of family; age (3) Utilizing meetings, newsletters, and other mechanisms, ineinding of children; location of job and factors limiting accessibility; area of pre- local media available to all persons, for keeping occupants of the property fecred relocation; type of unit preferred; ownership or tenant preference; informed on a continuing basis. The cn*iterion for selecting among various need for social and public services, special schools and other services; alternatives shall be the likelihood of actually communicating informa- aligihility for publicly assisted housing; and with reference to the present tion to such persons. Legal publications, legal ads in local newspapers of dwelling, the rent, the type and quality of construction, the number of general circulation and similar means which may go unnoticed are rooms and bedrooms, the amount of habitable living space, and lcoation- deemed to be inadequate, al factors including among others public utilities, public and commercial (b) Language. Informational material should be prepared in the lan- facilities (including transportation and schools) and neighborhood con- guage(s) most easily understood by the recipients. In displacement aseas ditions (including municipal services). Other matters that concern a where there are significant concenu-afions of persons who do not read, household as its members contemplate relocation should also be in- wrlt~e, or understand English fluently, the native language of the people eluded. should be used and all informational material should be provided in the (d) A written analysis of relocation housing needs shall be prepared. native language(s) and English. It shall ~ prepared in sufficient detail to enable determination of the (c) Method of Delivery. To assure receipt of the informational materi- availability for all potential displaces of housing which meets the stan- al, the local agency should arrange to have the mater~al either hand,lc- dards set forth in the definition of comparable replacement housing. The livered to each occupant of the property with a request for a written re- information concerning home ownership and rental units shall be ~ ceipt, or sent by certified mall, return receipt requested, vialed separately. The number of units needed shall be identified by cost (d) General and Specific Information. In addition to disseminating for each size cat~gory. The needs ofeldetiy and handicapped households general information of the type desc~bed in this section, the displacing shall be shown separately and shall include information on the number entity shall also provide each person with individual, wfiuen notificatiun of such housoholds reqniring special facilities and the nature of soch fuel- as soon as his eligibility status has been established, lities. (e) Content of Informational Statement. Attachment A identifies the The statement of relocation housing needs shall include a description kinds of information required to be included in statements distributed to of the Iocatinnal characteristics of the displacement area neighborhoods occupants of the property. The figure lists minimum requirements. The corresponding to the requirements of comparable replacement housing. displacing entity should include any additional information that it be- Information shall be provided concerning proximity to present employ- lieves would be helpful. (Sec Attachment A.) ment sources, medical and recreational facilities, parks, community con- NOTE: Authority cited: Section 50460, Health and Safety Cede. Reference: Sec- ters, shopping, transportation and schools. Information cunceming prox- fions 7260, 7260.5 and 7261, Government Code. imity to other relevant needs and amenities is essential to ensuring that HISTORY no residents are incapacitated by the relocation and such information also ' 1. Ameedmcnt of subsection (a)( 1 ) filod 11-5-76 as an emergency; designnted el- should be provided. fectivc 11-27-76 (Register 76, No. 44). 2. C~nJficale of Compli~cc filed 2-16-77 (Rcgistcr 77, No. 8). § 6050. Failure to Conduct Timely and Effective Survey. Amcndmcar of subsection (a)(l) and new No~ filed 8-12-97; operative When a survey is not conducted in a timely and effective manner, thc 9-11-97 (R=gistcr 97, No. 33). public entity shall be obligated to make every effort to locate all eligJble persons who have moved so that their needs can be included in the survey § 6048. Survey and Analysis of Relocation Needs. and the impact on thc housing stock in the community can be more accu- (a) (1) Reqnircmcnt. Immcdiataly ful]owiag thc initiation of nagoti- ratcly detca'mined. Thc public entity shat] offer such porsons all minca- ations interview all eligible persons, business concerns, including non- tion assistanccandbcncfits forwhichtheyotherwiscqanlifyand, inaddi- profit organizations, and farm operations to obtain information upon tion, shall compensate such persons for all costs occasioned by the whichtoplanforhousingandotheraccommodetions, aswcllascoanscl- entity's failure to provide timely notice and offers of relocation oasis- lng and assistance needs, tance and benefits. (2) Coordination with Other Agencies. Other agencies may also be coeductiagsurveysintheareaatthesametime. Coordinedonwillbencc- §6052. Survey and Analyoio of Available Relocation essa~ to avoid duplication and to ensure that necessary information is Reeourceo. available at tbe appropriate time. Surveys utilized to gather data for social (a) ( 1 ) To enable a public entity reasonably to determine that the reqni- service refenals shonid be planned in cooperation with social service site comparable replacement dwellings will be available, the public anti- agencies and a referral system should be established, ty, within 60 days following thc initiation of negotiations, shall initiate (3) Information to Persons to Be Displaced. Thc local agency shall a survey and analysis of available comparable relocation w. sources. carefully explain and discuss fully with each person interviewed thc put- If a recent survey that provides the information identified in this soc- pose nf the sasvcy and thc nature and extant of ralocation payments and tiun is not available, the public entity shall conduct a survey and analysis assistance that will be mede available. All persons shall bc advised and of thc housing market. If a recent survey is available, but it does not re- encouraged to visit the relocation office for information and assistanco, fleet more recent, significant changes in housing market conditions, thc (4) Relocation Records. Based oninformation obtained during thc our- survey shall be updaU~t or it shall not be relied upon. vey and other sources as applicable, thc local agency shall prepare and (2) When more than 15 households will be displaced, survey results maintain an accurate relocation record for each person to be displaced, shall be submitted forreview to local housing, development and planning Thc record shall contain a description of thc pertinent characteristics of agencies and shall be compared to other existing information on housing thc persons to be displaced and the assistance deemed to be necessary, availability. (b) The survey shall be by direct, personal interview, except where re- (3) The survey shall bc updated at least annually. peated effo~indicatethatisnotpossiblc. Wbenaporson cannotbeinter~ (b) The survey area shall be reasonably related to the displacement ~ viewed or the interview does not produce the information to be obtained area and to the needs and preferences of the pc~ons to be displaced, as reasonable efforts shall be made to obtain the information by other indicated in the w~itten analysis prepared pursuant to section 6048. The means. Eligible persons shoald be encouraged to bring any change in survey area shall have relevant characte~stics (see subsection 6008(c)) their needs to the attention of relocafien officials. The survey shall be up- which equal or exencd those of the neighbochood fxom which persons are dated at least annually, to be displaced. Page 267 ,~c_~ · §6054 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 (c) A written analysis of relocation h~)using resources shall be la~- § 6054. Last Resort Housing. pared in sufficient detail to enable determination of the availability for (al No eligible person shall be required to move from his dwelling all porentialdisplaceesofhousing whlchmcetsthe standards set forthin cause of the action of a public entity unless comparable replacement the definition of comparable replacement housing. The information con- housing is available to him. earning homeownership and rantel units shall be provided separately. (b) If on the basis of its survey and analysis of relocation needs and The number of units available shall be identified by cost for each size sources a public entity cannot determine that comparable replacement category. Resources available to meet the needs of elderly and handi- housing will be available as required, the public entity may not proceed capped households shall be shown separately and shall include informs- with any phase of a project or other activity which will result in displace- tion on the number of units with special facilities and the nature of such merit unless it provides such housing. (See Article 4.) facilities. (c) If the action of a public entity has resulted or is resulting in displace- The analysis of resources shall include a description of the locational ment and comparable replacement housingis not available as needed, the charanteristics of the survey area naighborhoods corresponding to the re- public antity shall use its fueds, or funds authorized for the project to Ima- quirements of comparable replacement housing. Information shall be vide such housing (see Article 4), or shall terminate or suspend further provided concerning proximity to present employment sources (with the implementation of the project activity in accordance with the provisions consent of the displaced person a potential employer may be substiteted), of section 6018. medical and recreational facilities, parks, community centers, shopping, (d) Temporary relocation resources may be relied upon in the interim transportation and schools. Information concerning proximity to other only if the provisions of section 6004 are satisfied. rcievantneedsandamenitiesisessentialtoensuringthatresidentsarcnot §6056. Termination of Relocation Assistance. incapacitated by the relocation and such information should also be pro- A public entity's relocation obligations c. case under the following cir- vided, camstancas: (d) (1) Units which do not satisfy the standards of comparable replace- (al A displaced person moves to a comparable replacement dwelling merit housing, including the locafional criteria, shall not be counted as a and receives all assistance and payments to which he is entitled. relocation resource. (2) Uncompleted new construction or rehabilitation shall not be in- (b) The displaced person moves to substandard housing, refuses rea- sonable offers of additional assistance in moving to a decent, safe and cluded in the g~oss figure unless there is a substantial likelihood that the sanitary replacement dwelling and receives all payments to which he is units will be available when needed and at housing or rental costs within entitled. the financial means of the prospective occupants. (c) All reasonable efforts to trace a person have failed. To ensure that (3) In addition to the other requirements of this section, the gross figure the action of a public entity does not reduce the housing supply in critical representing the number of units available shall be discounted to reflect categories or locations, unsuccessful efforts to trace a particular dis- both concurrent displacement and the extent to which turnover is repre- placed person shall not lessen the obligation to provide last resort hous- sented. Concun'ent displacement by die federal government and its agen- lng. (See Article 4.) ales, including federally-assisted projects, as weti as displacement by (d) Thebusinass coanern or farm operation has reealved all assistance other public entities shall be taken into account. Turnover is the dynamic and payments to which it is entitled and has been successfully relocated operation by which occupancy changes occur within a standing invents- or has ceased operations. ry over a period of time and theoretically could occur in the complate ab- (el A person displaced from his dwelling, bosinass or farm refuses rea- sence of vacancies on a person to person basis. The use of turnover for sortable offers of assistance, payments and comparable replacement relocation is not permissible. The displacing entity shall assume that four housing. percent of the rental and one percent of the ownership units which roeet the staac~'ds ofcomparabhireplacement dwellings (see section 6008(c)) § 6058. Eviction. represents turnover. Thc displacing entity shall usc a higher percentage (al Eviction is permissible only as a last resort. It in no way affects thc figure if such figure is more accurate. The displacing entity may use a eligibility of evicted displaced persons for relocation payments. Raises- lower figure if it establishes that the lower figure is a more accurate as- tion records must be decumented to reflect the specific circumstances sumption, surrounding the eviction. (4) Pablicly subsidized housing, including public housing, shall not be (b) Eviction shall be undertaken only for one or mom of the following counted as a resource unless it reasonably can be established that: reasons: (Al The units will be available when needed; (1) Failure to pay rent, except in those cases where the failure to pay (B) The governmental body providing the subsidy has made, in writ- is due to the lessor's failure to keep the premises in habitable condition, lng, a reasonably binding commitment of assistance; and is the result of harassment or retaliatory action or is the result of disconti- (C) The units have been inspected and determined to be decent, safe naation or substantial interruption of services. and sanita~ and the income ceilings, rent ranges and age resuictions, if (2) Performance of a dangerous, illegal act in the unit any, have been considered. (3) Material breach of the rental agreement and failure to correct (D) The number of units available in the community exceeds the num- breach within 30 days of notice. bar of households in need of the units. This requirement may be waived (4) Maintenance of a nuisance and failure to abate within a reasonable by the department if the public entity can establish that such units will be time following notice. replaced by last resort housing within two years. To establish that last re- (5) Refusal to accept one of a reasonable number of offers of replace- sort housing will be developed as required the public entity must have site ment dwellings. control with permissive zoning, preliminary plans and conditional corn- (6) The eviction is required by State or local law and cannot be pre- mitmonts for subsidy and financing or the equivalent. The public entity vented by reasonable efforts on thc part of the public entity. also must identify ownership. § 6060. Evaluation of Relocation. (el Uncompleted new construction or rehabilitation which is subsi- (al A public entity is encouraged to evaluate its relocation program, dized by public funds shall not be counted as a relocation resource unless assessing the quality abd quantity of services provided as well as displa- the units are being subsidized to provide relocation resources, cee satisfaction, to determine the adequacy of program planning and to NOTE: Authority cited: Section 50460, Health and Safety Cede. Reference: Sec-ascertain whether any persons have been denied the full benefits end sar- lions 7260.5 sad 7261, Government Code. HISTORY vices to which they are entitled. The evaluation should be based upon an 1. Amendment of subsections (al(1) sad (al(2), correction of subsection (el desig- annual or continual inspection of files and records, case interviews, and nator, and new NOTE filed 8-12-97; operative 9-11-97 {Register 97, No. 33). inspection of replacement housing and business and farm replacement Title 25 Department of Housing and Community Development Progrnms § 6090 locations anddiscussions withlocalindividualsororganizations familiar (11) The effectiveness of relocation in upgrading the housing and with relocation issues. A wtitten evalcation should be prepared at least overall environmental conditions of persons displaced. J annually. (12) The effectiveness of the social sorviec program, including court- (b) The files and records of displaced persons and property owners soling services, in helping residents adjust to relocation and in helping should be selected at random. The review should include any cases that solve individual and family problems. were identified by previous monitoring as requiting con'ective action and (13) The impact on those segments of the housing market s~rving the should assess thc public entity's progressin taking corrective acfon. Both income groups displaend. relocation and acquisition activities should be anverad by the review. (1) Therelocation sample should include cases in which all payments Article 3. Relocation Payments have been completed and cases in which the person has been displaced but ail payments have not yet been made. The sample should provitie a § 6080. Purpose. basis for the reviewer to determine not only whether payments were c. om- The purpose of this Article is to set forth the types of, and specific ciigi- putod properly and made prompdy, but also whether displaced persons bility criteria for, relocation payments to displaced persons. Basic eligi- received proper notice of the fall range of relocation assistance and sot- bility conditions are set forth in section 6084. Specific conditions relating vices to which they are entitled. Priority attention should be given to to particular payments are desc~bed in later sections. cases in which a grievance has been filed or the agency has determined § 6082. Relocation Payments by Public EntRy. that a person is ineligible for relocation benefits. A pablic entity shall make relocation payments to or on behalf of eligi- (2) The acquisition sample should be based on cases in which settie- ble displaced persons in accordance with and to the full extent permitted meat has been completed. However, if necessary to provide a represents- by this Article. The obligations described in this Article are in addition dye sample of acquisition activities, the reviewer should include incom- to those in Article 6. plete transactions in which negotiations have been initiated. (c)Aftertherecordsandfileshavebeenreviewed, timreviewershould §6084. Basic EligibiIRy Conditions. select cases for further evaicadon through personal interviews with dis- A person establishes basic eligibility for relocation payments if he sat- placadpersonsand/orownersandtheinspectionofhousingtowhichper- isfies the conditions described in section 6034. A person who moves sons have moved. The imerviews and housing inspections shoaid sorve from real property or who moves his personal property from real property both to spot check the accaracy of the information obtained in the exami- becanso he will be displaced from other real property on which be con- nation of the records and files and give the reviewer a better perspective ducts a business or farm opemtian, establishes eligibility on the basis of the move from such other property only for payments made pursuant to on the agency's performance, soction 6090. The number and type of cases for which interviews and housing in- spections are m be carried out should reflect the reviewer's judgment § 6066. Notios o! Intsn! to Dioplsr~. based on the information he has just reviewed. Generally, an interview A public entity may issue a written Notice of lnmnt to Displace at any and inspection should be carried out for at least one of every five cases time after forming a reasonable expectation of acquiring real property. for which the files and records have been reviewed. Only where the num- Such a notice, by establishing eligibility prior to acquisition, will enable bet of persons displaced is less than 25 should the number of interviews a public entity to respond to hardship and other situations. and inspections be less than 10. In no case should the number of inter- views and inspections be lower than the lesser of five and the number of § 6068. Filincl o! G~laima; Submission o! Tax Returns. All claims filed with the public entity shall be submitted within cigh- persons displacexL To the extent possible, the interviews should cover a teen months of the date on which the claimant receives final payment for representative cross section of the types of cases in the agancy's work- the property or the date on which he moves, whichever is later. The dis- load: e.g., relocation cases involving families of various sizes as well as individuals and business concerns (including both owners and tenants), placing entity may extend this period upon a proper showing of good and acquisition transactions involving residential, commercial and in- cause. Except where specifically provided otherwiso a claimant shall ant be dus~al properties, required to submit a copy of his tax returns in support of a claim for rolo- (d) In addition to the above, the following factors are among those cation payments. whicb should be considered: (1) The effectiveness of efforts to provide relocation services to dis- § 6080. Aatual Reasonable Moving F:xpenses. placed persons, including timeliness of notiec and correctoess o f eliglbil- (a) General. A public endty shall make a payment to a displacod person ity determinations, who satisfies the pertinent eligibility requimmants of section 6084 and (2) The satisfaction of relocated families, individuals and business thereqairememsofthissoction, foracmaimasonableexpensosspoeifiad concerns in their new locations, below and subject to thelimitations set fotthin subsection (c) of this sec- (3) The extent to which self-moves to subst~mdard housing have been tion for moving himself, his family, business, farm operation or other minimized, personal property. In all cases the amount of a payment shall not exenexl (4) Theeffectivenessofeffortstoproviderelocationsorvicestobusi- the reasonable cost of accomplishing the activity in connection with ness concerns, including counseling services and SBA loans to aid in which a claim has been filed. their reestablishment. The moving and related expenses for which claims may be filed shall (5) The promptoess of processing claims and the making of payments, include: including the amounts, delivery, and use of relocation payments. (1) Transportation of persons and property not to exceed a distance of (6) The number and magnitude of mat increases following acquisition 50 miles from the site from which displacacl, except whore relocation be- and displacement, yond such distance of 50 miles is justified; (7) The effectiveness of methods used to resolve difficulties experi- (2) Packing, crating, unpacking and uncrating personal property; enced by site occupants. (3) Such storage of personal property, for a period generally not to ex- (8) The effectiveness of the public entity's gtievence procedures, ceed 12 manths, as determined by the public entity to bo neenssary in con- (9) The extent ofresidant involvement in planning the relocation pro- nection with relocation; gram. (4) Insurance of personal property while in storage or transit; and ( 1 O) The effectiveness in assofing equal opportuaity for displaced per- (5} The reasonable replacement value of property lost, stolen or dam- sons and in reducing patterns of minority-group concentration, aged (not through the fault or negligence of the displaced person, his § 6090 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 2~ agent, or employee) in the process of moving, where insurance covering ent an unpaid moving bill to the public entity, and the public entity may such loss, thefx or damage is not reasonably available, pay the mover directly. (6) The cost of disconnecting, dismantling, removing, reassembling, (2) Business and Farm Operations. Each claim in excess of $1,000 for reconnecting and reinstalling machinery, equipment or other personal the costs incurred by a displaced person for moving his business or farm property (including goods and inventory kept for sale) not acquired by operation shall be supported by competitive bids in such number as are the public entity, including connection charges imposed by public ufili- practical. If the public entity determines that compliance with the bid re- ties fur starting utility service, qulrement is impractical or if estimates in an amount of less than $1,000 (b) Actual Reasonable Moving Expenses--Displaced Business Con- are obtained, a claim may be supported by estimates in lieu of bids. eems and Farm Operations. (h) Whenever a public entity must pay the actual cost of moving a dis- In addition to those compensable expenses set forth in subsection (a) placed person the costs of such move shall be exempt from regulation by of this section, a displaced business concern or farm operation may file the Public Utilities Commission as provided by soction 7262(e) of the a claim for the following moving and related expenses: Act. The public entity may solicit competitive bids from qualified bid- ( 1 ) The cost, directly related to displacement of modifying the machin- ders for performance of the work. Bids submitted in response to such so- cry, equipment, or other personal property to adapt it to the replacement licitatlons shall be exempt from regulation by the Public Utilities Com- location or to utilities available at the replacement location or modifying mission. the power supply· (i)(l) Reestablishment Expenses. In addition to moving expense pay- (2) Claims for payment under this subsection shall be subject to the roi- ments, a farm, nonprofit organization or small business of not more than lowing limitations: 500 employees, shall be entitled to actual and reasonable reestablishment (A) Reimbersal~le costs shall be reasonable in amount, expenses, not to exceed $10,000.00. Reestablishment expenses shall be (B) The cost could not be avoided or substantially reduced at an alter- only those expenses that are reasonable and necessary and include, but hate available and suitable site to which the business was referred, are not limited to: (3) The cost of any license, permit or certification required by a di~- (A) Repairs or improvements to the replacement pmpeny as required placed business concern to the extent such cost is necessary to the tees- by Federal, State or local law, code or ordinance. tablishment of its operation at a new location. (B) Modifications to the replacemem pmpeny to accommodate the (4) The reasonable cost of any professional services (including but not business operation or make replacemem structures suitable for cnnduct- limited to, architects', attorneys' or engineers' fees, or conanlmnts' lng the business. charges) necessary for planning the move of persona] property, moving (C) Construction and installation costs for exterior signing to advertise the personal property, or installation ofrelocatad personal property at the the business· replacement site. (D) Provision of utilities from right--of-way m improvements on the (5) Where an item of personal property which is used in connection replacemem site. with any business or farm operation is not moved but is replaced with a (E) Redecoration or replacement of soiled or worn surfaces at the re- comparable item, reimbursement in an amount not to exceed (1) the re- placemem site, such as paint, panelling or carpeting. placement cost, minus any net proceeds received from its sale, or (2) the CF) Licenses, fees and permits when not paid as part of moving ex- estimated cost of moving, whichever is less. penses. (c) Advance Payments. A displaced person may be paid for his anfici- (G) Feasibility surveys, soil testing and marketing studies. pared moving expenses in advance of the actual move. A public entity (H) Advertisement of replaeem~m location. shall provide advance payment whenever later payment would result in (1) Professional services in connocfiun with the purchase or lease of a financial hardship. Particular consideration shall be given to the financial replacement site. limitations and difficulties experienced by low and moderate income per- (J) Estimated increased costs of operation during the fast 2 years at the sons and small farm and business operations, replacement site fur such items as: (d) The specific provisions contained in this section are not intended 1. Lease or rental charges, to preclude a public entity's reliance upon other reasonable means of ef- 2. Personal or real property taxes, leering a move, including contracting moves and arranging for assign- 3. Insurance premiums, and merit of moving expense payments by displaced persons. 4. Utility charges, excluding impact fens. (e) Self-moves· Without documentation of moving expenses actually (K) Impact fees or une-time assessments for anticipated heavy usage. incurred, a displaced person electing to self-move may submit a claim (L) Other items essential to the reestablishment of the business. for his moving expenses to the public entity in an amount not to exceed (M) For purposes of this subsection the term "small business" shall an acceptable low bid or an amoum acceptable to the displacing entity, mean a business having not more than 500 employees working at the site (f) Personal Property of Low Value and High Bulk--Business or Farm being acquired or displaced by a program or project, which site is the lo- Operation. Where, in the judgment of the public entiVJ, the cost of mov- cation ofeeunomic activity. Sites occupied solely by outdoor advertising ing any item of persona] property of low value and high bulk which is signs, displays, or devices do not qualify as a small business for purposes used in connection with any business or farm operation would be dispro- of this subsection. ponionate in relation to its value, the allowable reimbursement for the ex- (2) leeligible expenses. The following is a nonexclusive listing of re- pep. se of moving such property shall not exceed the difference between establishment expenditures not unnsidered to be reasonable, necessary, the cost of replacing the same with a comparable item available on the or otherwise eligible: market and the amoum wkich would have been received for such propor- (A) Purchase of capital assets, anch as, office furniture, filing cabinats, ty on liquidation. This pmvisinn may in appropriate situations be applied machinery, or Wade fixtures. to claims involving the moving of junkyards, stockpiles, sand, gravcl, (B) Pumhase of manufacturing materials, productlun supplies, prod- minerals, metals and similar pmperty, net inventory, or other items used in the normal eeurse of the business (g) Documentation in Support of a Claim. operation. (1) General. Except in the case of a displaced person conducting a self- (C) Interior or exterior refurbiabments at the replacement site which move as provided in subsection (e) above, a claim for a payment under are for aesthetic purposes, except as pmvidad in paragraph (i)(1)(E) of this section shall be supported by a bill or other evidence of expenses in- this section. curred. By prearrangement between the public entity, the site occupant, (D) lnterest on money borrowed to make the move or pm'thane the re- and the mover, evidenced in writing, the claimant or the mover may pres- placement propony. Page 270 mOmg~, N~ $~; ~o-s-99 Title 25 Department of Housing and Community Development Programs § 6100 (E) Payment to a part-time business in thc home which does not con- ~IISTORY tribute materially to the household income. 1. Amendment of subsection (a) filed 11-5-76 as an emergency; designated effec- NOTE: Authority cited: Section 50460, Health and S~fety Code. Refemacc: Sec- tire 11-27-76 (Register 76, No. 44). tion 7262(a)(4), Government Code. 2. Cerfificam of Compliance fded 2-16-77 (Register 77, No. ]~I~TORY 3. Amendment of section and new NOTE filed 8-12-97; operative 9-11-97 (Regis- 1. Amendment of section and new NOTE fllod 8-12-97; operative 9-11-97 (Regis- ter 97, No. 33). ter 97, NO. 33). § 6100. Alternate Payments--Businesses and Farm § 6092. Actual Direct Losses of Tangible Personal Operations. Property. (a) General, (a) General. A public entity shall make a payment to a displaced person (1) A person who is displaced from his place of business or farm opera- who satisfies the eligibility requirements of section 6090 and this section, tion and is eligible for payments under sections 6090, 6092, 6094, or for actual direct losses of tangible personal property as a result of moving 6096, and complies with the requirements of this section, may elect to or discontinuing a business or farm operation, in an amount determined ceive and shall be paid, in lieu of such payments, a payment equal to the by the public entity to be in accordance with the provisions of this section, average annual net earnings of the business or farm operation (but not in- (b) Determining Actual Direct Loss of Property. Actual direct loss of cinding a business as described in section 6096) as determined in accor- property shall be determined on the basis of the lesser of the following: dance with subsection (b) below, except that such payment shall be not (1) The fair market value of the property for continued use at its lace- less than $1,000 nor more than $20,000. For purposes of this section, the tion prior to displacement, dollar limitation specified in the preceding sentence shall apply to a (2) The estimated reasonable costs of relocating the property, single business, regardless of whether it is carried on under one or more The public entity may require that the owner first make a bona fide cf- legal entities. fort to sell the property or it may permit the owner not to do so. The pro- (2) Loss of Goodwill. When payment under this section will precede coeds realized from any sale of all or part of the property shall be de- settlementofaclaim furcompensafion forlossofgoodwill undertheEm- ducted from the determination of hiss. In calculating payment under this inent Domain Law, the public entity before tendering payment shall state section the reasonable cost of an effort to sell shall be added to the deter- in writing what portion of the payment, if any, is considered to be com- mination of loss. pensation for loss of goodwi0 and shall explain in writing that any pay- (c) Documentation to Support Claim. A claim for payment hereunder ment made pursuant to Code of Civil Procedure, Sections 1263.510 et shall be supported by written evidence of loss which may include ap- :;eq. (the Eminent Domain Law, Chapter 9, Article 6--"Compensatico praisals, certified prices, bills of sale, receipts, cancelled checks, copies for Loss of Goodwill") will be reduced in the same mount The portion of advertisements, offers to sell, auction records, and other records ap- considered to be compensation for loss of goodwill shall not exceed the propriate to support the claim or the public entity may agree as to the vel- difference betwcen the payment made udder this section and an amount ue of the property left in place, which reasonably approximates the payments for which the displaced § 6094. Actual Reasonable Expenses in Searching for s personotherwiscwouldbecligiblcunderSections6090,6092,6094, and Replacement Business or Farm. 6096. Failure to provide such written statement and cxphmation shall A displaced person who satisfies the pertinent eligibility requirements constitute a conclusive indication that no pardon of the payment is con- of section 6090 with respect to actual reasonable moving expenses, shall sidered to be compensation for loss of goodwill for the purposes of that be eligible for a payment in an amount not to exceed $1,000, in searching portion of thc Code of Civil Procedure referenced above. for a replacement, business ur farm, including expenses incurred for: (b) Requirements~Businesses. Payment shall not be made under this (a) Transportation; section unless the public entity determines that: (b) Meals and lodging away from home; ( 1 ) The business is not operated solely for rental purposes and cannot (c) Time spent in searching, based on the hourly wage rate of the salary be relocated withont a substantial loss of its existing patronage, based en or earnings of the displaced person or his representative; and a consideration of all pertinent circumstances including such factors as (d) Fees paid to a real estate agent or broker to locate a replacement the type of business conducted, the natureoftbe clientele, the relafiveim- business or farm. portance to the disp]eced business of its p~sent and proposed location, NOTE: Authority cited: Section 50460, Health and Safety Code. Refc~nc~: Sec- and thc availability of a suitable relocation site; tion 7262(a)(3), Govcramcnt Code. (2) Thc business is not part of a commercial enterprise having no more ~IISTORY than three (3) other establishments which arc not being acquired for a ]. Amendment of first paragraph and subsection (e) and new NOTE filed 8-12-97; projeet and which is engaged in the same or similar business. Whenever operative 9-11-97 (Register 97, No. 33). the sole remaining facility of a business which has been displaced from § 6096. Moving Expensse--Outdoor Advertising its pfindipa] locadco: Businesses. (A) Has been in operation for less than two yom's; (B) Has had average annual gross receipts of less than $2,000 during A displaced person who conducts a laWful activity primarily for assist- the two taxable years prior to displacement of the major component of lng in die purchase, sale, resale, manufacture, processing, or marketing the business; or of products, commodities, personal property, or services by die erection (C) Has had average annual net earnings of ]ess than $1,000 during thc and maintenance of outdoor advertising dispinys is entitled to payment two taxable years prior to the displacement of the major component of for the reasonable cost of moving such displays or their in-plane value, thc business, the remaining facility will not be considered another "estab- whichever is lesser, lishmem" for purposes of tiffs section; and § 6098. Alternate Payments--Individuals and Families. (3) Thc displaced business: A person or family, who is displaced from a dwelling and is eligible (A) Had average annual gross receipts of at lcest $5,000 during thc two for a payment for actual reasonable moving expenses under section 6090, taxable years prior t~ displacement; ur may elect to receive and shall be paid, in lieu of such payment a moving (B) The displaced business had average annual net earnings of at least expense and dislocation allowance determined in accordance with estab- $1,04}0 during the two taxable years prior to displacement; or lisbed Federal Highway Administration schedules maintained by the (C) The displaced business conMbuted at least 33 1/3 percent of the California Department of Transportation. total g~oss income of the owner(s) during each of the two taxable years NOTE: Authority cited: Section 50460, Health and Safety Code. Reference: Sec- prior to displacement. If in any case the public entity determines that the tion 7262(b), Government Code. two year period prior to displacement is not representative of average re- § 6102 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 2.6 ccipts, earuingsorincome, itmaymakeuseofamorerepresentativeperi- § 6102. Replacement Housing Payments for Homeowners. od. (a) General. A public entity shall make to a person who is displaced (D) If the application of the above criteria creates an inequity or hard- fi.om a dwelling and who satisfies the pertinent eligibility requirements ship, the dispiacing agency may use other criteria'as permitted in 49 CFR of section 6084 and the conditions of subsection Co) of this section, a pay. 24.306. ment not to exceed a combined total of $22,500 fort (c) Determination of Number of Businesses. (1) The amount, if any, which when-added to the acquisition cost of In determining whether one or more legal entities, all of which have the dwelling acquired for the project equals the reasonable cost, as deter- been acquired, constitute a single business, the following factors among mined in accordance with subsection (c), of a comparable replacement others shall be considered: dwelling. This amount shall not exceed the difference between the aequi- (1) The extent to which the same premises and equipment are shared. ' sition pr/ce of the acquired dwelling and the actual purchase price of the (2) The extent to which substantially identical or intimately intcrre- replacement dwelling, except where a displaced person, in the cimum- luted business functions am pursued and business and financial affairs stance described in paragraph 6108(a)(1), is willing to use the extra are commingled, money to improve the condition of the dwelling. (3) The extent to which such entities are held out to the public, and to (2) The amount, if any, to compensate the displaced person for any in- those customarily dealing with such entities, as one business, creased interest costs, as determined in accordance with subsection (c), (4) The extent to which the same person or closely related persons heismquiredtapay forfinancingtheacquisitionofareplacemantdwall- own, control or manage the affairs of the entities, int. The payment shall not be made unless thc dwelling acquired by the (d) Requiremants--Farms. In the case of a farm operation, no payment public anfity was encombered by a bona fide mortgage which was a valid shall be made under this section unless the public entity determines that lien on the dwelling for not less than 180 days pdor to the initiation of thc farm met the definition of a farm operation prior to its acquisition. If negotiations for acquisition of such dwelling. (This time requirement the displacement islimited to only pan of the farm operation, the operator may be modified in accordance with thc provisions of subsection Co) be- will be considered to have been displaced from a farm operation if: the low.) pan taken met the definition of a farm operation prior to die taking and (3) Reasonable expenses, determined in accordance with subsection the taking caused such a substantial change in the nature of the existing (c) of this section, incurred by the displaced person incident to the par- farm operation as to constitute a displacement, chase of the replacement dwelling. (e) Requiremcots--Nonprofit Organizations. In die case of a nonprof- (4) In accordance with section 6108, the cost of rehabilitating a dwell. it organization, no payment shall be made under this section unless the lng which docs not satisfy the decent, safe and sanitary standanl. public entity determines that: (b) Eligibility Conditions. (1) The nonprofit organization cannot bo relocated withont a substan- ( 1 ) A displaced person is eligibie for payment onder this section if such rial loss of its existing patronage (the term "existing patronage" as used person: in connection with a nonprofit organization includes the membership, (A) Is displaced from a dwelling that is acquired; persons, community, or clientele served or affected by the activities of (B) Has actually owned and occupied such dwelling for not less than the nonprofit organization); and 180 days prior to the initiation of negotiations for its acquisition; and (2) The nonprofit organization is not a part of an enterprise having (C) Purchases and occupies a replacement dwelling within one year more than three (3) other establishments not being acquired which is en- subsequent to the date on which he received final payment from the pub- gaged in the same or similar activity, tic entity of ali costs of the acquired dwelling or the date on which he (0 Net Earnings. The term "average annual net earnings" as used in moves from the acquired dwelling, whichever is later. this section means one-half of any net earnings of the business or farm (2) If an owner satisfies all but the 180 day requirement and can astub- operation, before federal and state income taxes, during the two (2) tax- lish tothe satisfactionofthepublicentity that hebougbithedwelling with able years immediately preceding the taxable year in which the business the intention of making it his place of residence, that the move was not or farm operation moves from the real property acquired for such project, motivated by a desire to receive relocation assistance and benefits, and or during such other period ns the head of the public entity determines to that he neither knew nor should have known that public acquisition was be more equitable for establishing such earnings, and includes any corn- intended the public entity may reduce the requirement as necessary. pensation paid by the basiness or farm operation to the owner, his spouse (3) Where for reasons beyond the control of the displaced person corn- or his dependents during such period. The term "owner" as used in this pledon of construction, rehabilitation, or relocation of a replacement section includes the sole proprietor in a sole proprietorship, the principal dwelling is delayed beyond the date by which occopancy is required, the partners in a pannership, and the principal stockholders of a corporation, public emity shall determine the date of occupancy to bo the date the dis- as determined by the public entity. For purposes of determining a princi- placed person enters into a contract for such construction, rehabilitation, pal stockholder, stock held by a husband, bis wife and their dependent or relocation or for the purchase, upon completion, of a dwelling to be children shall be treated as one unit. constructed or rehabilitated, if, in fact, the displaced person occupies the (g) If a displaced person who conducts a business or farm operation replacement dwelling when the consh-'ocfion or rehabilitation is corn- elects to receive a fixed payment under this section, he shall provide pleted. proof of bis earnings from the business or farm operation to the agency (4) When'e, for reaanns of hardship or circumstances beyond the con- concerned. Proof of earnings may be established by income tax returns, trol of the displaced person, such person is unable to occupy the replace- ' financial statements and accounting records or similar evidence accept- ment dwelling by the required date, the public entity may extend the able to the public entity, deadline as necessary. If by the deadline the dispiaced person has con- NOTE: Authority cited: Section 50460, Health and Safety Code. Reference: See- trected to purchase a replacement dwelling, the public entity should ex- tion 7262(e), Government Code. tend the deadline. ltls~oRY (5) No person otherwise eligible for a payment under this section or 1. Amendmearof subsection (e)(2) filed 11-5-76 as an emergency; designated af- under section 6104 shall be denied soch efigibility as a resuit of bis being fective 11-27-76 (Register 76, No. 44). 2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8). unable, because of a major state or national disaster, to meet the occopen- 3. Amendment of subsections (a)(l)-(b)(2) and C0)(3)(A), new subsection cy requirements. Co)(3)(D), amendment of subsections (e)(2) and (f), and new Nmm filed (c) Computation of Replacement Housing Payment. 8-12-97; operative 9-11-97 (Register 97. No. 33). (1) Cost of Comparable Replacement Dwelling. Page 272 ~t~ ~9, ~o. 4~; so-s-,~ Title 25 Department of Housing and Community Devdopment Programs § 6104 (A) In determining the reasonable onst of a comparabhi replacemant (d) Multi-family Dwelling. In the case of a displaced homeowuer who dwelling, the public entity concerued shall use one of the following moth- is required to move from a eno-family trait of a multi-family building ods: which he owns, the replacement housing payment shall be based on the 1. Comparative Method. On fl case-by-~ase basis by determining the cost of a comparable one-family unit in a multi-family building of listing price of dwellings which have been selected by the public entity proximately the same density or if that is not available in a building of thc and wbich are most representative oftpe acquired dwelling unit and meet next less density, or, if a comparable one-family unit in such a molfl-fa- the definition of comparable replacement dwelling set out in subsection mily building is not ~vailable, the cost of an otherwise comparable sing- 6008(c). Whenever possible the listing price of at least three dwellings lc-family s~rueture. shall pe considered. (e) Owner Retention. 2. Schedule Method. Where the public entity deterafines that the corn- (1) If a displaced homeowner elects to retain, move, and occupy his parative method is not feasible, it may establish a schedule of reasonable dwelling, the amount payable under this section is the difference between acquisition costs for the various types of comparable replacement dwell- the acquisition price of the acquired property and the sum of the moving ings. If more than one entity is administering a project causing displace- and restoration expenses, the cost of onrrecting decent, safe, and sanitary moot in the area, it shall cooperate with the other entities in establishing deficiencies, if any, and the actoai purchase price of a comperabin rdioca- a uniform schedule for the area. The schedule shall be based on a current tlen site. A public entity may limit the payment made under this subsec- analysis of the market to determine a reasonable cost for each type of tion to the amount of the replacement housing payment for which the dwelling to be purchased. In large urban areas this analysis may be con- homeowner would otherwise be eligible. fined to the sub-area from which persons are displaced or may cover soy- (2) The payment shall not exceed $22,500. emi different sub-areas, if they satisfy or exceed the criteria listed in sub- (f) Provisional Payment Pending Condenmation. section 6008(c). To assure the greatest onmpambility of dwelfings in any If the exact amoant of a replacement housing payment cannot be deter- analysis, the analysis shall be divided into classifications of the type of m/ned because of a pending condemnation suit, the public entity con- construction, number of bedrooms, and price ranges, corned may make a provisional replacement housing payment to the dis- 3. Alternative Method. Where the public entity determines that neither placed homeowner equal to the difference between the public entity's the achednie, nor comparative method is feaslhic in a given situation, by maximum offer fur the property and the reasonabhi cost of a comparable the use of another reasonable method, replacement dwelling, but only if the homeowner enters into an agree- (B) Whichever method is selected the cost shall be updated to within merit that upon final adjudication of the condemnation suit the replace- three months of the date of purchase of the replacement dwelling, merit housing payment will be recompnted on the basis of the acquisition (2) Interest Payments. Interest payments aha]] be equal to the dis- price determined by the court. If thc acqnialtien price as determined by counted present value of the difference between the aggregate interest the court is greater than the maximum offer upon which the provisional applicable to the amount of the principal of the mortgage on the acquired replacement housing payment is based, the difference will be refunded dwelling over its remaining term at the time of acquisition, and other debt by the homeowner to the public entity. If thc acquisition price as deter- service costs, and th6 aggregate inte~st paid on the mortgage on the re- mined by the court is ]ess than the maximum offer upon which the provi- placement dwelling, and other debt service costs. TPe term and amount sionai replacement housing puyment is based, the difference will be paid of the mortgage on the replacement dwelling for puq)oses of this para- to thc homeowner. graph shall be the lesser of the remaining term and amount of the mort- (g) Lease of Condominium. For the p~s of this section, the leas- gage on the acquired dwelling, or the actual term and amount of thc mort- lng of a condominium for a 99-year period, or for a term which exceeds gage on the replacement dwelling. The amount of the debt service cost the life expectancy of the displaced person as determined by the most re- with respect to the replacement dwelling shall be the lesse~ of the debt cent life tables in Vital Statistics of the United States, as published by the service cost based on the cost required for a comparable dwelling, or the Public Health Service of the Department of Health, Education and Wel- debt service cost based on the actual cost of the replacement dwelling, fare, shall be deemed a purchase of the condominium. Prepaid interest or "points" shall be considered in the determination NOTE: Authority cited: Section 50460, Health and Safety Code. Refes,~nc~: Sec- of aggregate interest, don 7263, Government Code. In calculating the amount of corepensarion, increased interest cost HISTORY shall be reduced to disonunted present value using the prevailing interest 1. Amendment of subsections (a)( 1 ) and (aX4) and new No~ filed 8-12-~f/; op- rate paid on savings deposits by commercial banks in the general area in erafive 9-11-97 (Register 97, No. 33). which the replacement dwelling is located. 2. Amendmear of subsection (e)(2) filed 10-7-99; operative 11-6--99 (Register (3) Expenses Incident to the Purchase of the Replacement Dwelling. 99. No. 41 ). Payment under this section shall include the amount necessary to relm- bursethedisplacedpersenforactoalcostsianurredbyhiminnidenttothe § 6104. I~epla¢oment Housln9 Payments for Tenant,* and purchase of the replacement dwelling, including but not limited to the Certain Others. following: legal, closing, and related costs including rifle search, prepar- (a) General. A public entity shall make to a displaced pu~on who saris- lng conveyance contracts, nota~ fees, surveys, preparing drawings or ties theeligibflityrequirementsofsecrion601Mendtheenndiriunsofsub- plats, and charges paid incident to recordation; lender, FHA, VA or simJ- section (b) below, a payment not to exceed $5,250 for either: lar appraisal cost; FHA, VA or similar application fee; cost for eorrifica- (1) An amount, computed in accordance with paragraph (d)(1) of this tion of structural soundness; credit report charges; charge for owner's section, necessary to enable such peraoo to lease or rent a replacement and mortgagee's evidence or assurance of rifle; escrow agent's fee; and dwelling for a period not to exceed 42 months2; or sales or transfer taxes. Payment for any such expenses shall not exceed (2) An amount, computed in accordance with paragraph (d)(2) of this the amount attributable to the purchase of a replacement dwelling. Such section, ancessary to enable such pe~on to make a downpayment on the expenses shall be reasonable and legally required or customary in the purchase of a replacement dwelling (including incidental expenses de- community, scribed in section 6102). Reimbursement shall not be made under the provisions of this para- (b) Eligibility Conditions. graph for any fee, cost, charge, or expense which is determined to be a A displaced person is eligible for the payments specified in subsection part of the debt service or finance charge under Title I of the Truth in (a) if he satisfies the following conditions: Lending Act (Pub. L. 90-321 ), and Rngulation Z issuad pursuant thareto (1) Has occupied the dwelling from which be is displaced for a period by the Board of Governors of the Federal Reserve System. Any such sum of not less than 90 days prior to the initiation of negotiation for ecquisi- should be considered in the determination of interest payments, tion of such dwelling. § 6106 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 (2) Is not eligible to receive a replacement housing payment for home- (f) Disbursement. Except where specifically provided otherwise, the owners under section 6102 or elects not to receive such payment, Where public entity shall have the authority to disburse payments under this sec- thc dispinced person is the owner-occupant of the dwelling, the payment tion in a lump sum, monthly or at other inte~als acceptable to the dis~ made under paragraph 6104(a)(2) shall not exceed the amount of pay- placed person. merit to wlfich the persan would be eligible under section 6102. (3) Whenever a payment under subscetiun (a)(2) is sought the dis- ~For those who, pursuant to the cd,da set forth in Government Code seo. ion placed person shall within one year from the date of displacement put- 7260(i)(3)(A) throngh (J), would have qualified as a "displaced person" prior to · chase and occupy a replacement dwelling, Janonry 1,1998, benefits shall be provided for 48 months provided they do net ex- (c) The provisions in subsection 6102(b) for modifying the conditions need of eligibility also apply to this section. Ncrr~: ^u~hofity cited: Section $0460, He. ahh ~md Safety Code. Reference: Sec- (d) Computation of Payment. dans 72600) and 7264~ Government Code. HISTORY (1) Rentals, Except for projects commenced prior to January 1, 1998 1. Amendment of subsections (a), (a)(2), (d)(l), (dX1)(A) and (d)(2) and new (see footnotes ! and 2) the amount of payment necessary to lease or rent NO~ filed ~-12-97; operative 9-11-97 (Register 97, No. 33). a comparable replacement dwelling, under subsection (a)(1), shall be 2·Amendmc:nt of subsection (a)(])and (d)(1)-(dXIXA)filed 10-7-99;operative computed by subtracting 42 times the base monthly rental of the dis- 11-6-99 (Register 99, No. 41). placed person (as determined in accordance with this subsection), from 42 times the monthly rental for a comparable replacement dwelling (as § 6106. Proration of Payments. For thc purpose of calculating an altomate payment under section determined in accordanee with this subsection): Provided, that in no case may such amount exceed the difference between 42 times the base 6098 or a replacement housing payment under section 6102 or 6104, two monthly renlal as determined in accordance wlth thls subsection and 42 or more individuals (wbether they ere members of one family or no0 liv- times thc monthly renUd actually required for the replacement dwelling lng together in and displaced from a single dwelling shall be regarded as occupied by the displaced person, one person. (A) Base Monthly Rental. Thc base monthly rental shall be the lesser Where a tenant is sharing a single-family dwelling with an owner-on- of the average monthly rental paid by the displaced person for the cupant and paying the owner-occupant rent for the privilege, the tenant 3-month period prior to initiation of negotintions or 30 percent of the dis- shall not be entitled to more than une-half of the rental supplement other- planed person's average monthly income. (See subsection 6008(1),) wisepuyable. Theowner-occupantshallnotberequiredtosherethepay- Where the displaced person was the owner of the dwelling from which ment to which he is entifled or accept a proratad amount. HISTORY hewasdisplacedorwasnotrequiredtopayrentforthatdwelling, theeco- 1· Amendment filed 11-5-76 as an emergency; designated effective 11-27-76 nomic rent (see subsection 6008(h)) shall be used in lieu of the average (Register 76, No. 44). monthly rental to calculate base monthly rental. 2. Cehificate of Compliance fded 2-16-77 (Regism' 77, No. 8). (B) Comparable Rental. The monthly rental for a comparable replace- ment dwalling shall be the amount of rent determined by the public entity §6108. Dontiltlon of Replaoement Owslllnlt. by one of the methods described in paragraph 6102(c)( 1 ), considering (a) When a displaced person qualifies for a replacement housing pay- rental charges instead of listing price or acquisition cost. ment (under section 6102 or 6104) by purchasing or renting a replace- (C) Whichever method is selected the cost shall be updated to within ment dwelling, thc unit, as a general rule, must be decent, safe and seni- three months of thc date of rental of thc replacement dwelling, taD,. There are three exceptions. One is described in paragraph (2) Downpayment. The downpayment for which a payment specified 6040(a)(6). The others are: under paragraph (a)(2) of this sectien may be mede, shall not excend the (1) If the purchase of soch a dwelling is the result of the public entity's amount of a reasonable downpayment for the purchase of a comparable failure to identify a reasonable number of comparable replacement replacement dwelling where such purchase is financed, plus expenses in- dwellings as required or if the dwelling is one to which the person was cident to the purchase of a replacement dwelling computed in accordance referred by the public entity, the condition of the dwelling does not affect with Section 6102. The full amount of a downpayment under this section eligibility for a replacement housing payment. shall be applied to the purchase of the replacement dwelling and shall be (2) If the purchase of such a dwelling is not the result of a public enti- shown on the closing statement or other document acceptable to the pub- ty's referral or failure to refer, the otherwise eligible person qualifies for lic entity· a replacement housing payment if the unit is brought into compliance (e) Rental Payments for Displaced Owners and Dependents. with the decent, safe and sanitary standard. In this situation payment shall ( 1 ) Owners. A displaced owner who elects to rent rather than purchase be limited to the amount that would be provided in cunneetien with the a replacement dwelling and who meets the eligibility conditions sped- purchase ofa similer, comparable replaonment dwelling or the sum ofthe fled in subsection Co) is eligible for the payment specified in paragraph actual costs of acquisition (including related expenses) and rehabilita- (a)(l). tion, whichever is less. (2) Dependents. A dependent who is residing separate and apart from (b) A public entity shall not induce or encourage a displaced person to the person or family providing support, whether such separate residence acquire a dwelling which does not satisfy the comparable replacement is permanent or temporary, shall be entitled to payment under this sec- housing standard. (See section 60(~(c).) tion, but such payment sbel] be limited to the period during which the dis- §6110. CerUficate of Eligibility. placed dependent resides in the replacement dwelling. At the time the Upon request by a displaced homenwner or tenant whohasnot yet put- displaced dependent vacates that dwelling, no further payment under this chased end occopicd a replanemunt dwelling, but who is otherwise eligi- section shall be made to such person. For thc purposes of this paragraph ble for a replacement housing payment, the public entity concerned shall a 'dependent' shall be a person who derives fifty-one percent or more of certify to any interested party, financial institution, or lending agency, his income in the form of gifts from any private person or any academic that the displaced homeowner or tenant will be eligible for the payment scholarship or stipend. Full-time students shall be presumed to be deport- of a specific sum if he purchases and occupies a dwelling within the time dents but may rebut this presumption by demonstrating that fifty pement limits prescribed. or more of their income is derived ~m so~es othar thangifts~m another private person or academic scholerships or stipends. § 6112. Manufactured Homes and Mobilehome$. Dependents residing with the family of which they are a part shall not (a) General. A manufactured homo or mobilehomc is a dwelling. (Sco be entitled to any payment except as a part of the family, subsection 6008(g).) A person displaced from a manufactured home or Page 274 Rt. giste r gg, NO. 41; 10-S-99 Title 25 Department of Housing and Community Development Programs § 6124 mobilehome must satisfy'the same eligibility requirements and must be (c) Such payment, not to exceed fifteen thousand dollars ($22,500), provided the same assistancc, assurance and payments as a person glis- shallbetheamonnt,ifany, whichequalstheactoaldcclineinthefalrmar- pl aced from a conventional dwelling, ket value of the property of the affected property owner caused by the cc- Co) Moving Expenses. If a manufactured home or mobilehome is qulsitlon by the public entity for airport purposes of other real property , another site, the displaced person shall be compensated for and a change in the use of such property. moving expenses in accordance with sections 6090 and 6092. The pmvi- (d) The amount, if any, of actual decline in fair market value of af- sions of these sections which generally apply only to businesses and fected property shall be determined ecc6rding to rules and regulations farms shall also apply to displaced persons who move a manufactured adopted by the public entity. Such rules and regulations shall limit pay- home or mobilehome, ment under this section only to such cirenmstances in which the decline (c) Replacement Housing Payments. in fair market value of affected property is reasonably related to objective (1) A person who owns a manufactured home or mobilehome and site physical change in the use of acquired property. and as a replacement purchases both a dwelling and site shall be provided (e) "Affected property" means any real property which anmally de- ' a replacement housing payment in accordance with section 6102. A per- alines in fair market value because of acquisition by a public entity for son who owns a manufactured home or mobihihome and site, and as a re- public use of other mai property and a changuin the use of the real preper- placement rents both a dwelling and site, shall be provided a payment in ty acquired by the public entity. accordance with section 6104. HISTORY (2) A person who rents a manufactured home or mobilehome and site, 1. Amendment of subsection (c) filed 10-7-99; operative 11-6-99 (Register 99, and as a replacement rents or pumhases a dwelling and site, shall be pro- No. 41 ). vided a payment in accordance with section 6104. (3)Apersonwhoownsamanufacturedhomeormobilehomeandsite, Article 4. Last Resort Housing and as a replacement purchases a dwelling and reuts a site, shall be pm- vialed a payment in accordance with sections 6102 and 6]04. Thc pay- § 6120. Purpose. ment shall be timited to the lesser of: Thc purpose of this pan is to set forth the criteria and procedures for (A) Thc amount necessary to purchase a conventional comparable re- assuring that if thc action of a public entity results, or wi]] result in dis- placement manufactured home and mobilehome; or placement, and comparable replacement housing will not bc available as (B) The amount necessary to purchase a replacement manufactured needed, the public entity shall use its funds or funds authorized for the home or mobilehome (in accordance with section 6102) plus the amount project to provide such housing. necessary to rent a replacement site (in accordance with section 6104). In calculating this amount, the economic rent for the site shall be used in § 6122. Determination of Need for Last Resort Housinlt. lieu of average monthly rental to determine the base monthly rental (as If on the basis of data derived from surveys and analyses which satisfy provided in paragraph 6104(d)(1)). the requirements of sections 6048 and 6052, the public entity is unable (4) A pemon who owns a site from which he moves a manufactured to demonstrate that compambhi replaenment housing will be available as home or mobliehome shall be provided a replacement housing payment required, the head of the public entity shall determine whether to use the under section 6102 if he purchases a replacement site and under section public entity's funds or the funds authorized for the project to provide 6104 if he rents a replacement site. such necessary replacement housing or to modify, suspend or terminate (5) A person who owns a manufactured home or mobihihome which the project or undertaking. is acquired and rents the site shall be provided payment as follows: § 6124. Development of Replacement Houelng Plan. (A) If a manufactured home or mobihihome, as appropriate, is not (a) General. available the amount required to purchase a conventional replacement (1) Following the determination pursuant to section 6122, the head of dwelling (in accordance with section 6102); the displacing public entity shall develop or cause to be developed a re- (B) The amount necessary to purchase a replacement manufactured placement housingplantoproduccasufficientnumbecofcompamblere- home or mobilehome (in accordance with section 6102) plus the amount placement dwellings. The plan shall specify how, when and where the necessary to lgase, rent or make a downpayment on a replacement alta (in ' housing will be provided, how it will be financed and the amount of fuods accordance with section 6104); or to be diverted to such housing, the prices at which it will be rented or sold (C) If he elects to rant a replacement manufactured home or mobile- to the families and individuals to be displaced, the arrangements for home and site, the amount required to do so in accordance with section housing management and social services as appmprinto, the suitability 6104. In calculating this payment, the average monthly rental shall equal of the location and environmental impact of the proposed housing, the the economic rent for the manufactured home or mobilehome plus the ac- arrangements for maintaining rent levels approprial* for the persons to tual rent for the site. be rehoused, and the disposition of proceeds from rental, sale, or resale (6) Similar principles shall be applied to other possible combinations of such housing. If a referendum requirement or zoning presents an ob- of ownership and tenancy upon which a claim for payment might be stecie, the issue shall be addressed. based. (2) All coot.mats and subcontracts for the construction, rehabilitation Ncrim: Authority cited: Section 50460, Health and Safety Code. Rcfemace: Sec- or management of last resort housing shall be let without discrimination fions'18007 and 18008, Health and Safety Code. Fhm'oR¥ as to race, sex, marital status, color, religion, national origin, ancesmd or 1.Amendment of section aednewNOmfiled 8-12-97;operafiveg-I 1-97 (Regis- other arbitrary circumstance and pursuant to an affirmative action pro- tar 97. No. 33). gram. The public entity shall encourage participation by minority per- sons in all levels of construction, rehabilitation, planning, financing and § 6114. Affected Property. management of last resort housing. When thc housing will be located in (a) In addition to the payments required by Section 7262 of the Act (see an area of minority concentration, thc public entity shall seek to secure sections 6090, 6092, 6094, 6096, 6098 and 6100), as a cost of acquisition, significant participation of minorities in these activities. Thc public anti- thc public entity shall make a payment to any affected property owner ty shall require that, to the greatest extent feasible, opportunities for train- meeting the requirements of this section, lng and employment arising in connection with the planning, construe- (b) Such affected property is immediately contiguous to property ac- tion, rehabilitation, and operation of last resort housing be given to quired for airport purposes and the owner shall have owned thc property persons of Iow income residing in thc area of such housing and shall de- affected by acquisition by the public entity not less than 180 days prior termine and implement means to secure thc participation of small besi- to the initiation of negotiation for acquisition of the acquired property, nesses in the performance of contracts for such work. § 6126 BARCLAYS CALWORNIA CODE OF REGULATIONS Title 25 (b) Citizen Parficil~adon. §6130. Implementation of the Replacemer~t Housing Plan. (1) If the need for last resort housing exceeds 25 ufiits, the head of the Upon making the determinations required by section 6128, the head displacing public entity shall establish a committee which will consult of the displacing entity may expend funds and take such other actions as with and provide advice and assistance to the displacing public entity in necessary to provide, rehabilitate, or conslrunt replacemi~nt housing put- the development of the plan. The committee should include appointed anent to the approved replacement housing plan through methods includ- representatives of the displacing entity and state and local agencies lng but not limited to the following: knowledgeable regarding housing in the area, including but not limited (al Transfer of funds to state and local housing agencies. to the local housing authority and the central relocation agency, if any. ' CO) Contract with organizations experienced in the development of In addition, the committee should include representatives of other appro- housing. priate public groups (for example, local and areawide planning agencies) (c) Direct construction by displacing public entity. and private groups knowledgeable regarding housing and the problems Whenever practicable, the head of the displacing public entity should of housing discrimination, utilize the services of federal, state, or local housing agencies, or other (2) The committee shall include representatives of the residents to be agencies having exporienco in the administration or enndunt of similar displaced. These representatives may be appointed by the displacing en- housing programs. tityorelectedbytheresidants, astheresidentswish. Residentrepresenta- §8132. HousinglProtiuction. fives shall, at a minimum, constitute one-third oftbe committee member- ship. Votes shall be allocated so that the total votes of resident The head of the displacing public entity shall monitor the production representatives shall equal one-half of the total votes of the committee of the last resort housing to ensure that it is in accordance with the plan. membership. §6134. Jointly Sponsored Development. (3) The plan must be approved by the vote of a simple majority of the Where several agencies are administering programs resulting in resi- committee membership. In the event the committee fails to approve the dential displacement, opportunities shall be sought for joint development plan, the local gnvemthg body or, where the displacing entity is a state and financing to aggregme resources in order most efficiently to provide agency, the head of the state agency may substitute its approval, replacement housing in sufficient quantity to satisfy the aggregate needs (c) Consultation with Other Housing Agencies and Organizations. of such pmgrams. The head of the displacing public entity may consult or contract with § 6136. Last Resort Housing in Lieu of Payments. the department, a local housing authority, or other agency or organization A public entity shall not require a displaced person to accept a dwelling having experience in the administration or conduct of housing programs provided pursuant to this Article in lien of the displaned porson's acquisi- to provide tenhnleal assistance and advice in the development of the re- tion payment, if any, for the real propcxty from which he is displaced or placement housing plan. the relocation paymonts for which he may be eligible. §6138. Conformity with the Act and Other Statutes, § 6126. Submlaaio~ of Plan for Comment. Policies and Procedures. The head of the displacing public entity shall submit the plan and all (al Civil Rights end Other Acts. The administration of this Article shall significant amendments to the local housing and planning agencies for be in accord with die provisions of all applicable federal and state non- comment and to assure that the plan accurately reflects housing condi- discrimination laws and regulations issued pursuant thereto. tions and needs in the relocation area. Reviewing agencies shall have 30 (b) Dwelling and Relocation Standards. Determinations made por- calendar days following receipt of the plan to prepare their comments, suont to section 6122 and any plan developed and implemented for pro- Copies of all comments received shall be fonvarded to the committee and viding replacement housing and all such housing provided thereunder available to all interested persons, shall be in conformity with the standards established in the Act and General notice of the plan shall be provided. Notice shall be designed Guidelines. to reach the residents of the relocation area; it shall be in accordance with NOTE: Authotity cited: Section 50460, Headth and $alety Cede. Reference: Sec. the provisions of paragraph 6046(a)(3) and subsection 6046CO); and it don 7260.5(c)(4), Govemm~t Code. shall be provided 30 days prior to submission to the corrmaittee, or die lo- HISTORY 1. Amendment of subsection (a) and new NO~ filed 8-12-97; operative 9-11-97 cai governing body or head of state agency for approval. (Register 97, No. 33). NOTE: Authority cited: Section 50460, Health and Safety Code. Refereece: Sec- tions 7260.5(a)(5) and 7264.5, Government Code. § 6139. Last Resort Housing. H]STt:)~¥ (al Whenever comparable replacement dwellings are not available, or l. Amendment of first paragraphandnew NOTEfiled 8-12-97;operadve 9-11-97 are not available within the monetary limits of Government Code sec- (Register 97, No. 33). dons 7263 end 7264, as appropriate, the displacing agency shall provide additional or alternative assistance under the provisions of this part. Co) The methods of providing replacement housing of last resort in- § 6128. Determination by Displacing Public Entity of clude, but are not limited to: Fees Iblllty and Compliance. ( 1 ) A replacement housing payment calculated in accordance with the Upon reeelpt and consideration of the corements, the displacing public provisions of sections 6102 or 6104, as approl)riate, even if the calcula. entity shall determine whether or not: tion is in excess of thc monetary limits of Go0emment Code sections (al Thc plan is feasible. 7263 and 7264. A rental assistance payment under this part shall be paid Co) Thc plan complies with applicable environmental standards and to the displaced person in a lump sum, or at the discretion of the displac- procedures, lng agency, $5,250 shall be paid to the displaced pet=on in a lump sum (c) The plan is compadb]e with the local general plan and honsing ele- upon displacement and the remainder of the payments shall be paid to the ment and the areawide housing plan or strategy, displaeee in periodic payments Over a period no[ to excend 42 months un- If any of thc above determinations by the displacing public entity is less otherwise specified by statute. negative the displacing public entity shall revise the plan as necessary. (2) Major rehabilitation of aod/or additions to an existing replacement Substantial modifications in the plan shall be submitted for review and dwelling in a sum equal to or greater than the payment to which the dis: comment as provided in section 6126. If nocassary for tiraely impleraen- placed person is entifled under subsanfion (b)(1). tation of the plan or execution of the project, die heed of the displacing (3) The construction of a new replacement dwelling in a sum equal to public enthy may shorten the tlme allowed th seetinn 6126 for review of or greater than thc payment to which the displaced person is entitled on- modifications, der subsection CO)(I ) of this section. Page276 ,~--C ~ (o / Tire 25 Department of Housing and CommuniW Development Programs § 6158 (4) The reloc:ation and, if necessary, rthabilitatlon of a dwelling, its determination and the basis thcr~ffure, if he feels that the explanation (5) The purchase of land and/or a replacement dwelling by the displac- accompanying the payment of the claim ur notice of the entity's detenni- ing agency and subsequent sale ur lease to, or exchange with a displaced nation was inetrrect or inadequate. The public entity shall provide such person, an explanation to the complainant within three weeks of its receipt of his (6) For purposes of accommodating the needs of handlcapped persons, request. the removal of baniers to the handicapped. (b) Informal Oral Presentation. A complainant may request an infor- (c) Only at the discretion of displacing agencies are post-acquisition mai oral presentation before seeking formal review and reconsideration. tenants entitled to lest resort housing payments. A request for an informal oral presentation shall be filed within the period NO'fE: Authority cited: Section 50460, Health and Safety Cede. Reference:'Sec- described in subsection (d) of this section, and within 15 days of the re- 6OhS 7263, 7264 and 7264.5, Government Code. quest the public entity shall afford the complainant the opportunity to HISTORY make such presentation. The complainant may be represented by an at- 1. New section filed 8-12-97; operative 9-11-97 (Register 97, No. 33), tomey or other person of his choosing. This oral presentation shall enable 2. Amendm6at of subsection (b)(1) filed 10-7-99; operative 11-6-99 (Register the complainant to discuss the claim with the head of the public entity ur 99, No. 41). a designee (other than the person who made the initial determination) '~:' having authority to revise the initial determination on the claim. The pub- Article 5. Grievance Procedures licentityshailmakeasummuryofthemattersdiscussndintheoraipre- sentafion to be included as part of its file. The right to formal review and §fi150. Purpose. reconsideration shall not be conditioned upon requesting an oral presen- The purpose of this article is to set forth guidelines for processing ap- ration. peals from public entity determinations as to eligibility, the amount of (c) Written Request for Review and Reconsideration. At any time payment, and for processing appeals from persons aggrieved by a public within the period described in subsection (d) a complainant may file a enfity's failure to refer them to comparable permanent or adequate rem- written request fur formal review and reconsideration, The complainant porasy replacement housing. Public entities shall establish procedures to may include in the request for review any statement of fart within the implement the provisions of this Article. complainant's knowledge or belief or other material which may have a bearing on the appeal. If the complainant requests more time to gather § 6152. Right of Review. and prepare additional material for consideration or review and demon- (a) Any complainant, that is any person who believes himself ag- strates a reasonable basis therefor, the complainant's request should be grieved by a determination as to eligibility, the amount of payment, the granted. failure of the public entity to provide comparable permanent or adequate (d) Time Limit for Requesting Review, A complainant desiring either temporary replacemeet housing or the publlc enfity's property manage- an informal oral presentation or seeking a formal review and mconsidera- ment practices may, at his election, have his claim reviewed and recon- tion shall make a request to the public entity within eighteen months ful- sidered by the head of the public entity or an authorized designee (other lowing the date he moves from the property or thc date he receives final than the person who made the determination in question) in arenrdance compensation for the property, whichever is later, with the procedures set forth in this article, as supplemented by the proce- dures the public entity shall establish for such review and reconsldera- § 6166. Formal Review and Reconsideration by the Public tion. Entity. (b) A person er erganization directly affected by the relocation plan (a) General. The public entity shall ennsider the requoat fur revlew and may petition the department to review the final relocation plan oft public shall decide whether a modification of its initial determination is neees- entity to determine if the plan is in enmpliance with state laws and guide- sury, This review shall be conducted by the head of the public entity or liocs or review the implementation of a relocation plan to determlne if the an authorized, impacdal designee. CFhe designce may be a committee). public entity is acting in compliance with its relocation plan. Review un- A designee shall have the authority to revise the ihifiai determination ur dcrtsken by the department under this section shall be in arcordanee with the determination of a previous oral presentation. The public entity shall the provisions of sections 6158 and may be informal. Before conducting consider every aggnleved person's complaint regardless of fomt, end an investigation, the department should attempt to constrain disputes be- st.all, if necessary provide assistance to the claimant in preparing the tween parties, written claim. Whee a claimant seeks review, the public entity shall in- Failure te petition the departmem shall not limit a complainant's right form him that he has tbe right to be reprnsented by an attorney, to present w seek judicial review, his case by oral or documentary evidence, to submit rebuttal evidence, (c) If a relocation appeals board has been established pursuant to Sec- to conduct such cross-examination as may be required for a full and true tion 33417.5 of the Henlth and Safety Code, a hity by urdinance may des- disclnsure of facts, and to seek judicial review once he has exhansted ed- ignate the board to hear appeals from local public entities which do not minisu'ative appeal. have an appeal process. In the absence of such an ordinance, public enti- (b) Scope of Review. The public entity shall seview and reconsider its ties shall establish procedures to implement the provisions of this Article. initial determination of the claimant's case in light of: NOTE: Authority cited: Section 50460, Health and Safety Cede. Rcf~nce: Sec- ( 1 ) AIl material upon which the public ageecy based its original deter- tion 7266, Government Code. ruination including ail applicable rules and regulations, except that no ev- HIS'tORY idcnce shall be relied upon where a claimant has been improperly denied I. Amcndmcnt of subsection {b) and new NOT~ filed 8-12-97; optative 9-11-97 an opportunity to controvert the evidence or ecoss-examine the witness. (Rcgis~ 97, No. 33). (2) The reasons given by the claimant for requesting review and recon- § 6154. Notification to Complainant. sideration of the claim. I f the public entity de'~hi~0r refuses to consider a claim, the poblic enti- (3) Any additional written or sehivant documentasy mate~al anbmitted ty's notilicatioc to the ctimplainant of its determination shall inform the by the claimant. complainant of its reasons and the applicable procedures for obtaining re- (4) Any further information which the public entity in its discn~.tlon, view of the decision. ]f necessmy, such nodlicadon shall be printed in a obUdns by request, investigation, or research, to ensure fair and full se- language other than English in accordance with section 6046. view of the claim. ~ (c) Determination on Review by Public Entity. § 6156, Stages of Review by a Public Entity. ( l ) The determination on review by the public entity shall include, bat (a) Request for Further Written ]nfurmation. A complainant may re- is not limited w: quest the public entity to provide him with a full written explanation of (A) The public entity's decision on reconsideration of the claim. Page276.1 ~.~ ~ ~ 2--- ~9~.,~4s;ta=s-~ § 6160 BARCLAYS CALIFORNIA CODE OF REGULATIONS 'Iltle 25 (B) The factual and legal basis upon which the decision rests, includ- claimant to inspect all t'des and record~ bearing upon his claim or the ins any pertinent explanation or rationale, prosecution of the claimant's grievance, ff a claimant is improperly de- (C) A statement to the claimant of the right to further administrative riled access to any relev~t material bearing on the claim, such material appeal, if the public entity has such an appeal structure, or if not, a state- may not be relied upon in reviewing the initial determination. meat to the claimant that administrative remedies have been exhausted and judicial review may be sought. § 6168. Effect of Determination on Other Persons. (2) The determination shall be in writing with a copy provided to the The principles established in all determinations by a public entity shall claimant, be considered as precedent for all eligible persons in similar situations (d) Time Limits. regardless of whether or not a person has filed a written request for re- (]) The public entity shall issue its determination of review as soon as view. All written determinations shall be kept on file and available for possible but no later than 6 weeks from receipt of the last material sub- public roview. mittedforconsiderationbytheclaimantofthedateoftheheadng, which- §6170. Right to Counsel. ever is later. Any aggrieved party has a right to representation by legal or other (2) In the case of complaints dismissed for untimeliness or for any oth- counsel at his.expense at any and all stages of the proceedings sot forth er reason not based on the merits of the claim, die public entity shall fur- in these sections. dish a written statement to the claimant stating the reason for the dismias- al of the claim as soon as possible but no later than 2 weeks from receipt § 6172. Stay of Displacement Pending Review. of the last materlal submitted by the claimant or the date of the hearing, I f a complainant seeks to prevent displacement, the public entity shall whichever is later, not require the complainant to move until at least 20 days after it has made § 6160. Refusals to Waive Time Limitation. a determination and the complainant has had an opportunity to seckjudi. Whenever a public entity rejects a request by a claimant for a waiver ciai review. In all cases the public entity shall notify the coreplainant in of the time limits provided in section 6088, a claimant may file a written writing 20 days prior to the proposed new date of displacement. request for review of this decision in accordance with the procedures set § 61 '/4. ,Joint Complainants. forth in sections 6156 and 6158, except that such written request for re- Where more than one person is aggrieved by the failure of the public view shall be filed within 90 days of the claimant's receipt of the public entity to refer them to comparable permanent or adequate temporary re- entity's determination, placement housing the complainants may join in filing a single written 96162. Exteneion of Time Limits. request for review. A determinadon shall be made by the public entity for The time limits specified in Section 6156 may be extended for good each of the complainants. cause by the pubiic entity. §6176. Judicial Review. § 6164. Recommendations by Third Party. Nothing in this Article shall in any way preclude or limit a claimant Upon agreement between the claimant and the public entity, a mutual- from seeking judicial review of a claim upon exhaustion of such edminis- ly acceptable third party or parties may review the claim and make edvi- tradve remedies as are available under this Article. soD' recommendations thereon to the head of the public emily for its final determination. In reviewing the claim and making recommendations to AFticle 6. Acquisition Policies the public entity, the third party or parties shall be guided by the provi- sions of this Article. Except to the extent the confidentiality of material is protected by law § 6180. Purpose. or its disclosure is prohibited by law, a public entity shall permit the The purpose of this Article is to set fotsh the practices to be followed claimant to inspect all files and records bearing upon his claim or the with respect to acquisition of real property by a public entity. Public enti- prosecution of the claimant's grievance. If a alaimant is improperly de- ties shall, to the greatest extent practicabhi, be guided by these practices. hied access to any relevant matexiai bearing on the claim, such material may not be relied upon in reviewing the initial determination. § 6182. Acquisition. (a) A public entity shall make every reasonable effort to acquire prop- § 6166. Review of Files by Claimant. erty by negotiation and to do so expeditiously. Except to the extent the confidentiality of material is protected by law Co) Before negotiations are initiated (see subsection 6008CO)) a public or its disclosure is prohibited by law, a public entity shall permit the entity shall: ['Thc n¢~t pag~ is 277.] Page 276.2 Title 25 Department of Housing and Community Development Programs § 6182 ( 1 ) Have the property appraised, giving the owner or his rep~escotafive of the pertinent provisions of the l~mlqant Domain Law (Code of Civil jlesignated in writing an opportunity, by reasonable advance written no- Procedure, Sex:tion 1230.010 et seq,). ce, to accompeny the appraiser during the inspection of tbe property; · (f) ( 1 ) If a fler receiving the public enfity's offer the owner requests ad- (2) If the owner of ~eal Woperty is also the owner of a business con- ditional information regarding the dctarmtoation of just compensation, ucted on the real property to be acqni~l or on the remainder, inform him the public entity shall provide the following information to the extent that of his possible fight to compensation forloss of goodwill. The public enti- the detercniantion ofjost compensation is based thereon: ty should ineinde a copy of the pertinent provisions of the Eminent Do- (A) The date of valuation used. main Law (Code of Civil Procedure Sections 1230.010 et seq.). (B) The highest and best use of the prope~y. (3) Establish ma amount it believes to be just compensation for the (C) The applicable zoning. property, which amonnt shall in no event, be less than tha poblic entity's (D) Identification of some of the sales, contm~ to sell ned pumhase, approvod appraisal of thc fab' markct value of the property as improved, and ]easas supporting thc determination of value. (c) The determination of just compensation shall be based upon eon- (E) If the property is a portion of a larger pemel, a desca'iption of the sidevafion of: larger parcel, with sut~ficient detail for reasonable identification. ( 1 ) The real property being acquired; (2) With respect to each sale, contr~t, or lease provided in aeeordonce (2) Whare the real property acquired is p~-rt of a larger parcel, the inju. with ( 1 )(D) above, the following data should he provided: fy, if any, to the remainder, and (A) The names and business or residence addresses, if known, of the (3) Loss of goodwill, where the owner of the ~eal property is also the parties to the transaction. owner of a business conducted upon the property to be acqdired or on tha (B) The location of tha proporty subject to the traosaetinn. l'emainder and wbere the provisions of the Emlnent Domain Laiw pertain. (C) The dete of tranasation. ing to compensation forloss of goodwill an: satisfied.~3oodwill consists (D) The price and other significant terms and eireumatences of the ofthebenefitsthat aeca'uetoabusinessasaresalt ofitslocation, reputa- transaction, if known. In lieu of stating the other t~a~s and cireum- fion for dependability, skill or quality, and any other eh'eumstances re- stances, the public entity may, if the doeumont is available for inspection, sulting in probable retention of old or acquisition of new patronage, state the place whore and the times when it is available for Inspection. (d) As soon as possible afler the amount ofjust compensation is astab- (3) The requirements of this subsection do not apply to requests made lished, the public entity shall offer to acquire the property for the full afxer an eminent domain proceeding is commenced. tunoont so established and shall provide the owner with a wfitten state- (g) Whenever a part of a parcel of property is to ha aequhed by a poblie merit of the basis for determination ofjust compensation. The statement entity for public use and the remainder, or a portion of the remaledor, will shall include the following: be lefi in such size, shape or condition as to eonstituto an uneconomic ( 1 ) A general statement of the public use for which the property is to remnant the public entity shall offer to acquire the remnant if the owner be acquired, so desires. For the pm'poses of these (3uidalinos an "onemonomic rem- (2) A deacription of the location end extent of the proper~y to be taken, nant' shall be a pm-cci ofreal property in which the owner retains on intor- ~:ith sufficient detail for reasonable identification, trod the interest to be est afXer pertial acquisition of his property and which has little or no utility or value to such owner. (Nothing in this sub~eefion is intended to llrni! (3) An inventory identifying the buildings, struetores, £zxmros, and a public entity's authc~rity to acquire real propetxy.) other improvements. (h) Nothing in this section shall be cons~'ued to deprive a tenant of the (4) A recital of the amount of the offer and a statement that such fight to obtain payment for his propertyint~st as othorwise provided by amount: law. (A) Is the full amoont believed by the poblic entity to be just eompensa- (i) ( 1 ) Prior to commencement of an eminont domain procending the tion for the iz~peny Uflcen; public entity shall make reasonable efforts to discuss with the owne~ its (B) Is not lass than the approved appraisal of the fair mavknt value of offer to perehase the owner's real property. The owner shall be givan a the property as improved; reasonable opportunity to present mntefial which he believes to be rele- (C) Disi-egarde any dexaease or inc're~se in the fair market value of the rant as to the question of value and to suggest moditieation in the pro- real property to be acquired prior to the date of valuation caused by the posed terms and conditions of the purchase, and the public anfity shall pu bile improvement for which the property is to be acquired for such pub- care fully eoosider the owner's presontafion. lie improvement, other than that due to physical deterioration within the (2) Prior to commencement of an eminent domain proceeding, if the reasonable control of the owner or occupant; and, evidence presented by an owner or a martial change in the charaetor'or (D) Does not refieet any consideration of or allowance £or any reloea- condition of the property indicates the need for a new appraisal or if a sig- fion assistance and payments or other benefits which the owner is entitled nificant delay has oceun-ed since the determination ofjust compensation, to receive under an agreement with the public entity, except for an the public entity shall have its appraisal updated. If a modification in the amoant to compensate the owner for that portion of loss of goodwill pro- public enfity's determination of just compensation is warren~l, an ap- vided in aceontance with Sexfion 6100. propfiate price adjustment shall be made and the new amount deten~ned (5) If the real proportyis aportion ora larger parcel, the statement shall to be just compeosafion shall be promptly offe~eat in writing to the ownor. indiude an apportionment of the total astimated juat eompcosation for the (1') ( 1 ) In no event shall the public entity either advance the time of coo. pardal acquisition between the value of the property being taken and the detonation,or defer negotiations orcondemnation on the deposit of funds amount of damage, if any, to the remainder of the l~rger pan:el from in coort for theuseoftheowner, or takeanyothora~:fionconroiveormis- which such property is taken, leading in nature, in outer to compel or induce an agreement on the price (6) If the owner of tha ~eal property to be acquired is also the owner to be paid for the property. ofa bosiness conducted upon the property or the remainder, the statement (2) If any interest in property is to he acquit'ed by exercise oftha power shall include an indication of the amount of compensation for loss of ofeminem dom~in, thapublie entity shallpromptlyinstitute fonnalcoo. goodwill, deomntion proceedings. No public entity shall intentionally make it nec- (e) At the initiation of negotiations (see subsection 6008(n)) a public essary for an owner to institute lesal proceedings to prove the fa~t of the shall provide written notification to the owner of a business eon- taking of this real property. ducted on the real prope~y to be sequirod or on the remainder, who is not also the owner of the real properxy, concerning his possible fight to com- pensation for loss of goodwill. The public entity should indode a copy Page 277 1~-~-90) § 6184 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 § 6184. Notice of Decision to Appraise. § 6192. Incidental Expenses. The public entity shall provide the owner with written notice of its de- If the ~ property is acquired by purohas~, the public entity shall pay c~siontoappraJsetherealprope~yassoonaspossibleafterthedeeision an reasonable exponses incident to frans fer. Among the expensns requir- to appraise has been reached. The notice shnil state, as a minimum, that: lng payment are: recording fees, transfer fees end similar expenses inci- (a) A specific a~a is being considered for a particular public us~; dent to the conveyance of w~l propexty, and the pm rata po~tinn of (b) The owner's property has been determined to be located within the charges for public service such as water, sewage and trash collection area; and which are allowable to a petiod subsequent to the dat~ of ~ansfer of title (c) The ownear's property, which shall be generally described, may be to the public entity o~ tbe effective date of possession of such prepay acquired in connection with the public use. by th~ public entity, whicbever is earlier. The public entity shall inform the owner that he may apply for a rebate of the pro rata portion of any lnol~rty taxes paid. §6186. Tlme of Offer. H~ro~Y Tbe public entity shall make its £xrst written offer as soon as practicable L Amendm~at filed 11-5-76 as an emergeacy; designated effective 11-27-76 following servic~ of the Notice of Decision to Aplnaise. (See section (Register 76, No. 44). 6184.) 2. Certificate of C~npliance filad 2-16-77 (Resisto' 77, No. $). § 6194. ShortTerm Rental. § 6188. Notice of Land Acquisition Procedures. (a)Ifthepublicpermitsanownerortenanttooccupytherealproperty (a) At the time the public entity nettles an owner of its decision to ap- acquired on a rentsl baals for a short-term or for a period subject to tetmi- praise real property it shall furnish the owner a written explanation of its nation by the public entity on short notice, tbe amount of rent requi~d land acquisition in'ocedures, describing in non-technical, understand- shallnotexceedthelesserofthefairrentslvaluetoashort-4~ermoccopier able terms the public entity's acquisition prce~ttres and the principal or the tho rata portion of the fair rental value for a typical rental I~6od.· fights and options available to the owner. If the owocr or tenant is an occupant of a dwelling, tbe wntal for tbe (b) The notice shall include the following: dwelling shall be within his financial means. (See subsection 6008(c).) (1) A description of the basic objective of the public entity's land ac- (b) A post--acquisition tenant who occupies real property acqulmd on quisition program and a re ferenc~: to the availability of the public entity's a rental basis for a short term and who is informed that the peope~cty has statement covering relocation benefits for which an owner--oncupant bcenacqui~dforapublicuseshallbegivonnotlessthan30daysnotic~ may be eligible; of termination of the tenancy. (2) A statement that the owner or his representative designated in writ- lng shall be given the opportunity to accompany each appraiser during 1. Amendment of subsection Co) filed 11-5--76 as an emergency; designated el- his inspection of the property, fective 11-27-76 (Register 76, No. 44}. (3) A statement that if the acquisition of any part ofreal prolx:rty wonld 2. Certificate of Complinnce filed 2-1 6-77 (Regist~' 77, No. 8). leave the owner with an uneconomic remnant as dei'med in subsection § 6195. Public Irtforrnatlorl. 6182(g) the public entity will offer to acquire the uneconomic remnant; The purchase price and other consideration paid by the public entity if the owner ac desi~s; is public information end shall be made available upon request. (4) A statement that if the owner is not satisfied with the public entity's offer nfjnst compensation he will be given a reasonable opportunity to § 6196. Service o! Notice. present relevam material, which the public entity will carefully consider, Service of all notices required by this mnicle shall be made either by and that if a voluntary agreement cannot be reached the public entity, as first class mall or by personal s~rvice upon the person to be notified. senn as possible, will either institate a formal condemnation proceeding §6198. Nonpcesessory Interest Exception. against the ProI~ertYor aband°n its intention to acquire the property' giv' The provisinns of 6182(b), (c), (d)(4), and (f) end 6188 shall not apply Lng notice of the latter aa provided in section 6190. to the acquisition of any easement, right-of-way, covenant or other non- (5) A statement that construction or development of a project shall be pessessory interest in real property to be acquired for the construction, so scheduled that no person lawfully occupying real property shnll be re- reconstmctiou, alteration, ealargement, maintenance, renewal, repair or quhvd to move fi'om a dwelling (assuming a replacement dwelling as re- replacement of sub-sm-face sewers, waterlinns or apportenance, drains, quired by these Guidelines will be available) or to move his business or septic tanks, or storm water drains. farm operation without at least 90 days written notice f~om the public eh- Attachment A tity of ibc date by which the re. eve is requir~ end (6) A statement that, if arrangements are made to rent the property m Minimum Contents of Informational Statement(s) an owner or his tenant for a short term or for a period subject t~ termlna- For Dt~u'gbutlun don by the public entity on short notice, the renUd will not exceed the less- er nf the fair rental valce nf the property to shoxt term occopier or the pro Displaced Concern~ rata portion of the fair rentel value for a typical rentsi period, ltemToBelncluded per~ons andOther~ If the owner or tenant is an occupant of a dwelling, the rental for the 1. General drscdptlon of the nature and typesof actl- vities that will be unde~takm, including an idea~ dwelling shall be within his financial means. (See subsection 600S(c).) tification of areas which may involve displace- merit. A diagrammatic sketch of the project area should be anscbed, x x 2. Statement that public action may result in displace. §6190. Notice of Public Entlty'a Decision Not to Acquire. ment bet that n° °ne lawfully °ccu~ylng pr°1~" ty will be ~equired to s~rende~ posseasioa with Whenever a public entity which has forwarded a Notice of Decision out at least 90 days' wri~ notice dom the pub- to Apprals~ or has made a Grin offer subsequently decidns not to acquire lic emity sad no one will be required to move un- the property, the public entity shall serve a notice in writing on the owner, tl190 days after the provisio~ of infm-mation, x x 3. Assurance that families and individuals will nm be all pe~ons occupying the property and ail other persons potentially eligi- required to move before reasonable offers of de- bleforrelocationpaymentsandassistance. Thisnoticeshall statethatthe cern, safe, sanila~ and otlm'wise comparable public entity has deeided not to acquire the prope~y. It shall be served not housing wig. in their £mancisi means have been made, except fo~ the causes set fonh in the local later than 10 days following the date of tbe public entity decision not to ageacy's eviction policy {which shall be in ancot- acquire, dmce with scion 60~ ~.~. __ _.~ X Page 2?8 ~-~-~o~ Title 25 Department of Housing and Community Development Programs § 6500 For Di~ribu~ion B~ine~ I Displaced Concer~ Item To Be Included Persons and Others · C, eneral de.r/priori oftyp~s o f.r. el.oc~...fion pa~nen~ ~ ay ailable, inchlding general eligibility crilerla ~d a caution a~in$1 prema~m'e moves that might suit i~ loss of c li~Poilily for a payment · x $. Identification of ~¢ agency's r~loca~io~ ~nd a d~'ipfiea of the rcloca~n.services and rice ~hould be ~pe~ifiod. x x hie ~ph~-~nt ho~, ~cludi~ b. Layme~'t de~:~fipfion of F~leral fzir hou~ng well as righU und~ Ti~ IV oftl~ C:vll P,.i~t s will identify ce~pwabl~ wpla~t dwells. hou$~g acconunodatiom and m'~.h~ Ihe4n, ffthey do ~o, to nofif~ ~he r~lo~tion offi~ prior to mak- 8. State:mere ~t the public entity will provide maxi mum assis~mce in lo~ i~loc~fion d~tions,incl~li~ consulmOon with ~e Small S~nt ~ rexlukcmmt for prior ~tifi- procedure shall be in accordm~cc with the provi-