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Home My WebLink AboutRDA Packet 1998/04/21 Tuesday, April 21, 1998 Council Chambers 6:00 p.m. Public Services Building (immediately following the City Couocil meeting) Joint Meeting of the Redeveloument Agencv/Citv Council of the CitY of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency/Council Members Moot -' Padilla_, Rindone -' Salas -' and Chair/Mayor Horton - CONSENT CALENDAR ( Items 2 and 4 ) (Will be voted 00 immediately following the Couocil Cooseo! Caleodar during the City Couocil meeting) The staff recommendations regarding the following item listed under the Consent Calendar will be enacted by the Agency by one motion without discussion unless an Agency 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. 2. APPROVAL OF MINUTES: March 17, 1998; April 7, 1998 3. ITEM 3 HAS BEEN PULLED. 4. a) AGENCY CALLING FOR A JOINT PUBLIC HEARING REGARDING THE RESOLUTION 1579 PROPOSED BA YFRONT REDEVELOPMENT PROJECT AND AMENDMENT NO.5; AUTHORIZING THE DISTRIBUTION OF c) RESOLUTION 1580 REQUIRED PLAN AMENDMENT DOCUMENTS; FINDING THAT USE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA WILL BENEFIT THE PROJECT AREA; AND ADOPTING OWNER PARTICIPATION RULES AND RELOCATION PROCEDURES--In 1997, the Agency requested that staff proceed with amendments to the Bayfront and Town Centre I Redevelopment Plans to address time limitations that currently impede the Agency from removing blight and completing its redevelopment program in both Project Areas. In addition, the Agency is seeking to amend the Bayfront Redevelopment Plan to add approximately 398 acres of Port District tidelands to the Project Area and to modify the existing Bayfront Redevelopment Plan's land use plan to correlate with the Chula Vista Certified Local Coastal Program and the City's General Plan. Staff recommends approval of the resolutions. (Community Development Director) b) COUNCIL CONSENTING TO CALLING FOR A JOINT PUBLIC HEARING RESOLUTION 18969 REGARDING THE PROPOSED TOWN CENTRE I AND AND BA YFRONT REDEVELOPMENT PROJECT AMENDMENT NO. d) RESOLUTION 18970 5 AND FINDING THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREAS WILL BENEFIT THE PROJECT AREAS . . . END OF CONSENT CALENDAR' . . ADJOURNMENT TO CITY COUNCIL MEETING _. .. . Agenda -2- April 21, 1998 ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency Members. OTHER BUSINESS 5. DIRECTOR'S REPORT(S) 6. CHAIR'S REPORT(S) 7. AGENCY MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to the Regular Redevelopment Agency Meeting on May 5, 1998 at 4:00 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 states otherwise at this time, the Agency 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 is advised should be discussed in closed session to best protect the interests of the City. The Agency is required by law to return to open session, issue any repol1s of.fillg1 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's return from closed session, repol1s of.fillg1 action taken, and adjournment will not be videotaped. Nevel1heless, the repol1 of final action taken will be recorded in the minutes which will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office. 8. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION - Pursuant to Government Code Section 54956.9 Wally Bozek and Henry Gonzalez vs. the Redevelopment Agency of the City of Chula Vista and Walmart Stores, Inc. Agenda -3- April 21, 1998 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 Property: 760 Broadway (Parcel Nos. 571-200-13, 14, 15, 16, and 17) Negotiating Parties: Redevelopment Agency (Chris Salomone) and Broadway Village Business Homes, LP. Under Negotiations: Price and terms for disposition 10. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION - Pursuant to Government Code Section 54956.9(c), Initiation of Litigation Two cases. _d MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, March 17, 1998 Councll Chambers 8:19 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Council/Agencymembers: Moot, Padilla, Rindone, Salas, and Mayor/Chair Horton ABSENT: Council/Agencymembers: None ALSO PRESENT: City Manager/Executive Director, John D. Goss; City Attorney/Legal Counsel, John M. Kaheny; and City Clerk, Beverly A. Authelet 2. APPROVAL OF MINUTES: February 24, 1998 MSUC (Rindone/Padi11a) to approve the minutes of February 24, 1998. ORAL COMMUNICATIONS There were none. ACTION ITEMS 3.A. COUNCIL RESOLUTION 18930 APPROVING THE LICENSE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS AND ELECTRIC FOR USE OF SUBSTATION PROPERTY AS A PARKING LOT FOR THE OTAY RECREATION CENTER LOCATED AT ALBANY AND MAIN STREETS-- The proposed 15,000 sq. ft. Otay Recreation Center will include a 9,300 sq. ft. gymnasium with the remaining 5,700 sq. ft. to consist of a multi-purpose recreation room, off ices, restrooms, and storage/maintenance space. The site will include 85 total parking spaces, with 49 spaces located on the SDG&E parcel. Staff recommends approval of the resolutions. (Community Development Director; Director of Parks, Recreation and Open Space) Jess Valenzuela, Director of Parks, Recreation and Open Space, stated we are seeking Council support for the license agreement for the parking lot that was constructed by SDG&E, the use agreement, and looking for approval of the design plans for the Otay Community Center and Gymnasium. He presented some slides on the progress of the project. Mayor/Chair Horton stated that the cost has escalated tremendously over a very short period of time. You are projecting an estimate of project costs of about $3.7 million. It started out to be a project of about $1.2 million. Mr. Valenzuela stated that it was about $1.2 million when we first thought the project would be located on School District property. At that time, the District had indicated to us that the land could be donated to the City. However, they changed their minds and decided to have us secure a joint use agreement and lease from the District, and we would have to go through the Division of the State Architect for review which escalated the cost of that project from the $1.2 to about $1.6. Then the District was interested in moving the actual location of the gymnasium further to the east of the campus adjacent to the chain link fence which called for even more utility runs which was costing the project even more both in terms of expense and the time in processing. We did some costing between the School District site and the possibility of purchasing the Main Street site. We saw the Main Street site as something that the City would have control of. rt may be a little mOre expensive, but not so expensive that it would be unrealistic. There wasn't much difference between constructing the facillty on the District site or constructing the facility on a City purchased slte where we had full control. So, there were a whole variety of issues that were not anticipated and came up after our first discussions with School District e;J -{ -- ..- RDA Minutes March 17, 1998 Page 2 officials. In addition to that, there are street improvements that are being contemplated, curbs, gutters, sidewalks, street light, etc. that are not necessarily a part of the building but are support facilities that is incorporated into the $3.7 million. Member Padilla stated he was approached by some staff members who were concerned during the design process about the proximity between the office and the utility area. The concern is that people will abuse the facility if they are out of sight of the staff. He is hoping, as a community, we take pride and responsibility in the facilities and that we take good care of them. He also hoped that adequate resources are provided to make sure that appropriate supervision occurs. He felt that keeping the new facilities in appropriate condition is a function of management and not a function of the design of the building. The architecture of the building is going to be magnificent, but if there are concerns of this nature, then we need to make sure that once we get rolling and we celebrate the day it is used that it is well cared for as well. B. COUNCIL RESOLUTION 18931 AND AGENCY RESOLUTION 1574 APPROVING PROJECT AND DESIGN PLANS FOR DEVELOPMENT OF THE OTAY RECREATION CENTER AT 3554 MAIN STREET LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT AREA RESOLUTIONS 18930, 18931, AND 1574 OFFERED BY MAYOR/CHAIR HORTON, headings read, texts waived. Member Rindone asked what was staff's best estimate for the time line for when the contract will be let for the construction and approximately how long of a time period do we need for the construction. Mr. Valenzuela responded that staff was planning on having the bid awarded on June 2nd. It will take approximately six months to complete the construction of and opening of the building. VOTE: Resolutions approved unanimously 5-0. 4. COUNCIL RESOLUTION 18932 AND AGENCY RESOLUTION 1575 ADOPTING DOWNTOWN VISION STATEMENT AND FOUR FOCUS PROJECTS AS HIGH PRIORITY FOR TOWN CENTRE I AS PROPOSED BY THE DOWNTOWN BUSINESS ASSOCIATION, APPROVING THE CONCEPT OF RETAINING BUSINESS RECRUITMENT CONSULTANT AND DIRECTING STAFF TO SUBMIT FUNDING REQUEST FOR CONSIDERATION IN THE FY 98/99 REDEVELOPMENT AGENCY BUDGET, AND DIRECTING STAFF TO PREPARE APPROPRIATE REQUESTS FOR PROPOSALS - The Downtown "Vision" statement and ways to implement the vision were formulated through two Roundtable groups consisting of Downtown Business Association (DBA) members, elected public officials, community and business leaders, a "Community Tune" consu ltant, and Chula Vista city staff. The DBA Board of Directors voted to submit the "VLsion" statement and recommendations for implementation of the "Vis.on" for Agency/Council consideration. Staff recommends approval of the resolutions. (Community Development Director) 5. COUNCIL RESOLUTION 18933 AND AGENCY RESOLUTION 1576 APPROVING THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION'S (CVDBA) 1998 BUDGET AND DIRECTING THAT THE DBA'S REQUEST FOR $20,000 FROM THE PARKING METER FUND AND CITY SERVICES FOR 1998- 99 PROMOTIONAL ACTIVITIES BE SUBMITTED FOR CONSIDERATION IN THE FY 98-99 CITY AND AGENCY BUDGETS AND $25,000 FROM TOWN CENTRE I REDEVELOPMENT FUND FOR SUBSIDY TO TOWN MANAGER POSITION AND MENTOR BE SUBMITTED FOR CONSIDERATION IN THE FY 98-99 AGENCY BUDGET - In accordance with the Chula Vista Municipal Code, the CVDBA lS required to submit an annual budget in March for the City Council's approval. The DBA's budget is funded by a special assessment applied to each business located within the District boundary and any income the District earns from promotional activities and other contributing SOurces. Staff recommends approval of the resolution. (Director of Community Development) Items 4 and 5 were handled together. Pam Buchan, Principal Community Development Specialist, stated that approximately a year ago the City Council held a workshop cJ-~ -.. .. . RDA Minutes March 17, 1998 Page 3 for the Downtown area. Shortly after that, the Downtown Business Association co- sponsored with Pacific Bell Yellow Pages a Community Tune program for the Downtown to establish a vision. It was also in cooperation with the Chamber and the Southwestern College Small Business Center, and International Trade Center. Through that process, two round table meetings took place. Those round tables involved some of our counc ilmembers and appointed officials, community and business leaders, and DBA leaders. The roundtables resulted in a vision for the Downtown which is to establish a Downtown as the business, social, and entertainment center point for the community. In addition to that, when the DBA Board met and put all the information from the roundtables and the consultant, they also came up with an implementation plan which is before the Counccl(Agency for consideration. The recommendation also includes asking the Council to direct staff to forward the cost impacts to the 1998/99 budget. In addition to that, we have the DBA proposed budget. The legislation which created the Buscness Improvement District requires that their budget be approved every March. Mayor/Chair Horton offered Resolutions 18932, 18933, 1575, and 1576 headings read, texts waived. Member Moot stated that he did not see much of a discussion about what needed to be done to create a critical mass of people in this area to support what the vision is, i. e. restaurants, downtown entertainment, etc. When we had our workshop, some ideas were kicked around which are not popular with some of the people who own businesses downtown. If you had more commercial/business tenants where you built more low-rise commercial businesses to house medical or other office, at least you create a critical mass to support restaurants for buscness luncheons that may spill over into a critical mass for nightt ime restaurant businesses. He thought that one of the glaring discrepancies of what he saw in the vision statement was a failure to address from a practical perspective what we could do as a Council to try to create more of a critical mass that would support what we want to see there. Ms. Buchan stated that some of the discussion which was omitted in the report was regarding the business recru i tment program. There are two aspects of that recruitment program that will precede the actual recruitment: a void analysis and a marketing trend analysis which should take approximately two to three months. That is exactly what we will be looking at. What can the market handle right now and what types of businesses are we missing. With our vision, how do we bucld that up. Mayor/Chair Horton stated the report mentioned the Leader Building and that there are some discussions currently going on with the owner, and they are fLnally cooperating. Chris Salomone, Community Development Director, stated that Ms. Buchan prepared a package of material for a potential development of that site. There are some things going on. There is more cause for optimism now than there has been in the past. Mayor/Chair Horton stated that site and the gas station site are critLcal to provide the window to this area. There are a lot of development opportunities with the two sites. She hoped the discussions do move forward in a manner that will help the City in the future, we need to take control of the situation and not let this linger for too much longer. There was reference to creating an increase in the fees in the BID, but there was no program as to when and what will be done to bring this about in the future. Ms. Buchan responded that we met with our attorneys and the fcnance department, and we are researching ways of doing that; what will work for the merchants and for the improvement district as a whole. We are looking at other alternatives for revenue generation. One of the things in the budget is the DBA has put in for a grant from the County Community Enhancement Grant. VOTE: Resolutions approved unanimously 5-0. dl-3 _u RDA Minutes March 17, 1998 Page 4 OTHER BUSINESS 6. DIRECTOR/CITY MANAGER'S REPORTCS\ - none. 7. CHAIR/MAYOR'S REPORT(S\ - none. 8. AGENCY/COUNCIL MEMBER COMMENTS - none. ADJOURNMENT The meeting adjourned at 8:47 p.m. Respectfully submitted, Beverly A. Authelet, CMC/AAE City Clerk 02-4 MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 7, 1998 Council Chambers 5:28 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Councilmembers: Moot, Padilla, Salas, and Chair/Mayor Horton ABSENT: Agency/Councilmembers: Rindone ALSO PRESENT: Executive Director/City Manager, John D. Goss; Legal Counsel/City Attorney, John M. Kaheny; City Clerk, Beverly A. Authelet; and Deputy City Clerk, Charl ine Long. CONSENT CALENDAR (Items pulled: none) CONSENT CALENDAR OFFERED BY CHAIR/MAYOR HORTON, headings read, texts waived, passed and approved 4-0-1 (Rindone absent). 2. APPROVAL OF MINUTES: March 3, 1998; March 10, 1998 3. COUNCIL RESOLUTION 18959 AND AGENCY RESOLUTION 1575 GRANTING A DENSITY BONUS TO SOUTH BAY COMMUNITY SERVICES TO ALLOW THE CONSTRUCTION OF A MAXIMUM OF 18 DWELLING UNITS FOR AN AFFORDABLE RESIDENTIAL PROJECT PROPOSED TO BE LOCATED AT 750 ADA STREET - As part of their project to establish an 18-unit affordable housing project in the vicinity of the Palomar Trolley Station Stop, South 8ay Community Services is requesting the State-allowed 25% density bonus. At their meeting of 1/14/98, the Planning Commission voted to recommend to the Agency/Council approval of this request. Per staff's recommendation, the resolutions were approved 4-0-1 (Rindone absent). (Planning Director; Community Development Director) 4. AGENCY RESOLUTION 1576 APPROVING PROJECT AND DESIGN PLANS FOR DEVELOPMENT OF THE TROLLEY TERRACE TOWN HOMES AT 750 ADA STREET LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA - South Bay Community Services, a local non-pro fi t corporation, is proposing to construct an 18-unit affordable housing project on property donated by the City of Chula Vista and located at 750 Ada Street within the boundaries of the Southwest Redevelopment Project Area. Per staff's recommendation, the resolution was approved 4-0-1 (Rindone absent). (Community Development Director) * * * END OF CONSENT CALENDAR * * * ITEMS PULLED FROM THE CONSENT CALENDAR (No items were pulled) OTHER BUSINESS 5. DIRECTOR/CITY MANAGER'S REPORT(S) - none 6. CHAIR/MAYOR'S REPORT(S) - none e:¿-~ _. RDA Minutes April 7, 1998 Page 2 7.. AGENCY/COUNCIL MEMBER COMMENTS - none ADJOURNMENT The meeting adjourned at 5:30 p.m. Respectfully submitted, Beverly A. Authelet, CMC/AAE City Clerk c2-{ç -. .. . JOINT REDEVELOPMENT AGENCY/COUNCIL AGENDA STATEMENT Item 4 Meeting Date 04/21198 ITEM TITLE: a) AGENCY RESOLUTION /571 CALLING FOR A JOINT PUBLIC HEARING REGAROING THE PROPOSED TOWN CENTRE I REDEVElOPMENT PROJECT AMENDMENT NO.5; AUTHORIZING THE DISTRIBUTION OF REQUIRED PLAN AMENDMENT DOCUMENTS; FINDING THAT USE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA WILL BENEFIT THE PROJECT AREA; AND ADOPTING OWNER PARTICIPATION RULES AND RElOCATION PROCEDURES b) COUNCIL RESOLUTION I ~q 6"1 CONSENTING TO CALLING FOR A JOINT PUBLIC HEARING REGARDING THE PROPOSED TOWN CENTRE I REDEVElOPMENT PROJECT AMENDMENT NO.5 AND FINDING THAT THE USE OF LOW AND MODERATE INCDME HOUSING FUNDS OUTSIDE THE PROJECT AREA WILL BENEFIT THE PROJECT AREA c) AGENCY RESOLUTION IsgO CALLING FOR A JOINT PUBLIC HEARING REGARDING THE PROPOSED BA YFRONT REDEVELOPMENT PRDJECT AMENDMENT NO.5; AUTHORIZING THE DISTRIBUTION OF REQUIRED PLAN AMENDMENT DOCUMENTS; FINDING THAT USE OF LOW ANO MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA WILL BENEFIT THE PROJECT AREA; AND ADOPTING OWNER PARTICIPATION RULES AND RElOCATION PROCEDURES d) COUNCIL RESOLUTION 1??970 CONSENTING TO CALLING FOR A JOINT PUBLIC HEARING REGARDING THE PROPOSED BAYFRONT REDEVELOPMENT PROJECT AMENDMENT NO.5 AND FINDING THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA WILL BENEFIT THE PROJECT AREA SUBMITTED BY: C~m"";~ D".,"p~", DI."'~' REVIEWED BY: Executive Director JGt bð.-? (4/liths Vote: Yes- No_XJ BACKGROUND: Approximately one year ago, the Redevelopment Agency ("Agency") requested that staff proceed with amendments to the Bayfront and Town Centre I Redevelopment Plans to address time limitations that currently impede the Agency from removing blight and completing its redevelopment program in both Project Areas. In addition, the Agency is seeking to amend the Bayfront Redevelopment Plan to add approximately 4-( -.- Page 2, Item A Meeting Date 04/21/98 398 acres of Port District tidelands to the Project Area and to modify the existing Bayfront Redevelopment Plan's land use plan to correlate with the Chula Vista Certified local Coastal Program and the City's General Plan. The plan amendment process will involve a series of steps that will lead to formal consideration of the proposed amendments by the Council and Agency at a joint public hearing in June of this year. Tonight, the Agency and City Council will consider four resolutions, two pertaining to the Bayfront Amendment and two regarding the Town Centre I Amendment that will initiate the series of required actions. RECOMMENDATION: That the Redevelopment Agency adopt Resolution A and C: 1. Reaffirming the existing Rules for Owner Participation and Method of Relocation for Town Centre I and Bayfront Project Areas, 2. Accepting and authorizing circulation of the Preliminary Report and Draft Redevelopment Plan Amendments No.5 for Town Centre I and Bayfront Project Areas, 3. Finding that the use of taxes allocated from the Town Centre I and Bayfront Project Areas for the purpose of improving and increasing the community's supply of low and moderate income housing outside the Project Areas will be of benefit to the Projects, and 4. Calling for a joint public hearing on the proposed Amendments to the Town Centre I and Bayfront Redevelopment Plans on June 9, 1998. That the City Council adopt Resolutions Band 0: 1. Finding that the use of taxes allocated from the Town Centre I and Bayfront Project Areas for the purpose of improving and increasing the community's supply of low and moderate income housing outside the Project Areas will be of benefit to the Projects, and 2. Calling for a joint public hearing on the proposed Town Centre I and Bayfront Amendments to the Redevelopment Plan on June 9, 1998. DISCUSSION: Before the Redevelopment Agency may adopt an amendment to a Redevelopment Plan, a series of actions are required. The following is a description of actions and documents that the Council and Agency will consider this evening to proceed with the amendment to the Town Centre I and Bayfront Redevelopment Plans. (Schedule of major actions listed on Attachment I to this staff report) 4-d.- --. ... Page 3, Item d Meeting Date 04/21198 Owner ParticiDation Rules The California Community Redevelopment law ("law") requires that the Redevelopment Agency adopt rules to guide owner participation opportunities and to extend reasonable preferences to persons engaged in business or residing in the Project Areas. When the Agency undertakes redevelopment of a specific property in the Project Areas or a property owner, business operator, or business tenant wishes to participate 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. When the Town Centre I and Bayfront Projects were originally adopted, the Agency adopted such rules for each Project Area. As part of the proposed Redevelopment Plan amendments, legal counsel has advised the Agency to reaffirm the rules for the Project Areas which are attached as Exhibit A to the Redevelopment Agency resolutions. Method of Relocation For both the Town Centre I and Bayfront Project Areas, the Agency maintains a Method of Relocation to govern the Agency's relocation activities that may occur during Project implementation. As a public agency in the State of California, the Agency is required to adhere to the State Relocation law (Government Code Sections 7260 through 7277) and follow the California Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines") as established in the California Code Regulation, Title 25, Chapter 6. The enclosed Method of Relocation incorporates the State Guidelines and State Relocation law. While the Agency does not anticipate that the implementation of the Redevelopment Plans will dislocate businesses, residences, or local community institutions, it may be necessary for the Agency to undertake such relocation activities at some time during the life of the Project. To the extent that relocation activities are undertaken, the Agency will handle those cases which result from project activities on an individual basis. Exhibit B to the Redevelopment Agency resolutions reaffirms the effect and use of the State guidelines as the Method of Relocation for Town Centre I and Bayfront Project Areas. Draft RedeveloDment Plan/Amendment Upon the adoption of the amendments later this year, the amended Redevelopment Plans will guide all future redevelopment projects, programs, and activities to eliminate blight in the Project Areas. Baytront Redevelopment Project Amendment No.5 The Bayfront amendment will result in an amended and restated Redevelopment Plan, incorporating the following changes: 4-3 _.. ... _n Page 4, Item A. Meeting Date 04/21198 1. Add approximately 39B acres of tidelands property within the jurisdiction of the San Diego Unified Port District to the existing Bayfront Redevelopment Project Area which will result in an overall 1,035-acre Bayfront Redevelopment Project Area. 2. Extend, to July 2010, the time frame within which the Agency may commence eminent domain proceedings to acquire property within the existing Bayfront Project Area. 3. Extend, to January 1, 2004, the time frame within which the Agency may incur indebtedness in the existing Bayfront Project Area. 4. Extend, to July 16, 2014, the effectiveness of the existing Redevelopment Plan in the existing Bayfront Project Area to allow the Agency to continue redevelopment activities. 5. Extend, to July 16, 2024, the time frame within which the Agency may collect tax increment in the existing Bayfront Project Area. 6. Replace the existing Bayfront Redevelopment Plan's Statement of Basic Objectives, General Land Use Plan and Controls, to more comprehensively correlate to the Agency's current goals, and to provide that land uses in the Project Area are consistent with the City's General Plan and Title 19 of the Chula Vista Municipal Code, the Local Coastal Program, and all other state and local building codes, guidelines, or specific plans, as they now exist or are hereafter amended. 7. Restate the remaining provisions of the Existing Bayfront Redevelopment Plan. Town Centre I Redevelopment Project Amendment No.5 The Town Centre I amendment consists of the following series of text changes to the existing Redevelopment Plan document, that would supersede the applicable sections of the existing Redevelopment Plan: 1. Extend, to July 2010, the time frame within which the Agency may commence eminent domain proceedings to acquire property in the Town Centre I Redevelopment Project Area. 2. Extend, to January 1, 2004, the time frame within which the Agency may incur indebtedness on behalf of the Towne Centre I Redevelopment Project. 3. Extend, to July 6, 2016, the effectiveness of the existing Town Centre I Redevelopment Plan. 4. Extend, to July 6, 2026, the time period within which the Agency may collect tax increment revenue on behalf of the Town Centre I Redevelopment Project. 4-4 Page 5, Item 4 Meeting Date 04/21198 Pursuant to Section 33453, the draft amended Bayfront Redevelopment Plan and the draft Town Centre I Amendment will be transmitted to the Planning Commission for its report and recommendation to the City Council. The Town Centre I Project Area Committee will also be given an opportunity to review and consider the proposed Town Centre I Amendment. Additionally, the draft documents will be submitted to the affected taxing agencies as required by law. Preliminarv Reoorts The Preliminary Reports required by State law, include the reasons for the amendments, a description of the physical and economic conditions in the Project Areas, a method of financing, and a description of the proposed redevelopment projects. Despite the Agency's best efforts to date, much of the Bayfront and Town Centre I Project Areas continue to suffer from blighting conditions that cannot be alleviated without Agency assistance through the tools of redevelopment. The proposed amendments provide the Agency with the legal and financial tools necessary to encourage economic development and correct infrastructure deficiencies. The content of the Preliminary Reports are described below. Bayfront Preliminary Report The Bayfront Preliminary Report describes the purpose and benefits of the proposed amendment for both the Existing Area and proposed Added Area. As proposed, the amendment will extend the time frame to commence any eminent domain activity within the existing Bayfront Project Area which will permit the Agency to more effectively implement redevelopment projects involving land assembly for a 12-year period following adoption of the amendment. The amendment extends time limits to incur indebtedness, implement redevelopment actions, and collect tax increment revenue. The extension of these time limits will allow the Agency to initiate redevelopment projects with new indebtedness for an additional four and one half years, and collect tax increment revenue to repay indebtedness for an additional 15 years. Also, the amendment will update and replace various land use controls for consistency with the City's current land use policies (set forth in the local Coastal Program, Title 19, and General Plan) as they exist today or are hereafter amended. In addition, the Preliminary Report details the blighting conditions that have inhibited development in the Added Area. These conditions (based upon the Agency's redevelopment consultant's analysis and the legal definition of blight in the law) include the following: Impaired investments due to suspected hazardous contamination; Excessive vacant lots; land use incompatibilities; Inadequate circulation; Abnormally low lease rates; and Factors hindering the economically viable use of the Added Area properties. 4-~ -- .- Page 6. Item 4- Meeting Date 04/21198 As described in the Preliminary Report, the Agency proposes to employ redevelopment tools where necessary to alleviate these blighting conditions. The proposed amended and restated Redevelopment Plan would allow the Agency to undertake hazardous contamination remediation, infrastructure improvements, and other economic development activities, and permit the Agency to collect tax increment revenue to finance such efforts in both the existing Bayfront Project Area and the Added Area. Town Centre I Preliminary Report As described in the Preliminary Report, the Town Centre I amendment will extend various time limitations involving eminent domain, incurring debt, effectiveness of the Redevelopment Plan, and collecting tax increment revenue within the Town Centre I Project Area. Without these amendments, the Agency would be effectively prohibited from utilizing many of the legally provided tools to complete redevelopment of the T own Centre I Redevelopment Project Area. The amendment will establish a new 12.year period to commence eminent domain activities, thereby giving the Agency the ability to undertake critical land assembly projects. The amendment extends (by two and a half years) to the year 2004 the time frame to incur new debt to finance future redevelopment projects, and adds 15 years to the overall effectiveness and time frame to collect tax increment revenue under the Redevelopment Plan to 2026. If the Agency adopts the attached resolutions, the Preliminary Reports will be transmitted to the affected taxing agencies, pursuant to Section 33344.5 of the law. Use of Housina Funds Outside the Proiect Areas Section 33334.2(g) of the law provides that the Agency may use its 20% low to Moderate Income Housing Set-Aside Deposits ("Housing Funds") outside the Project Areas if the Agency and City Council find that the use of such Housing Funds will be of benefit to the Projects. This is important because it allows the Agency the greatest flexibility in implementing affordable housing programs throughout the City, and not just within a project area. Currently, the Agency is permitted to use Housing set-aside funds from both Project Areas outside the Project Areas. The enclosed Agency and City Council resolutions will reaffirm the necessary findings for the purpose of both the Bayfront and Town Centre I amendments. Joint Public Hearina Pursuant to Section 33355 of the law, a joint Agency/City Council public hearing must be convened with respect to the proposed redevelopment plan amendments. As set forth in the law, the Agency and City Council are required to adopt the attached resolutions setting the date and time of the joint public hearing to consider the amendments and the pertinent documents and evidence. The law requires that the Agency transmit a copy of the notice of the joint public hearing to all property owners, residential tenants, and business owners via first-class mail no later than 30 days prior to the public 4-fo -. . - Page 7, Item d Meeting Date 04/21198 hearing. In addition, the joint public hearing notice needs to be published for four successive weeks in a newspaper of general circulation. The attached resolutions provide the Agency's and City Council's consent to the joint public hearing. The joint public hearing is scheduled for the Agency/City Council regular meeting on Tuesday, June 9, 1998, at 7:00 p.m. (or as soon as possible thereafter) in the City Council Chambers. Further, the resolution authorizes staff to proceed with the necessary activities to prepare, publish, and mail the joint public hearing notice. Although no other community meetings are required by law, Agency staff will be conducting a public workshop on May 7, 1998 on the amendments prior to the joint public hearing. The public workshop will provide an informal forum to discuss the purposes, goals, and objectives of the proposed amendments with the community. FISCAL IMPACT: Also, if the amendments are adopted by the City Council in June, the Agency could receive $142.4 million more tax increment revenue from the Bayfront and Town Centre I Project Areas combined. This is because extension of the time frame to collect tax increment revenue for both the Bayfront and Town Centre I Projects will provide the Agency 15 more years to receive revenue from both Project Areas. Also, the amendment will entitle the Agency to begin collecting tax increment from the proposed Added Area to the Bayfront Project Area. As required by law, approximately $26.9 million (or 19%) of the additional tax increment revenue generated from these three sources (Bayfront Existing Area, Bayfront Added Area, and Town Centre I) will be shared with the affected taxing agencies. The majority of this amount is paid from the Bayfront Added Area, since Bayfront Existing and Town Centre I Areas would only share a portion of the incremental growth in annual taxes collected after fiscal years 1999-2000 and 2001-02, respectively. (Since the existing Bayfront and Town Centre I projects are being extended, in accordance with AB 1290, tax increment revenue must be shared with other taxing agencies throughout the extended lifetime of the project) About $115.5 million (or 81% of the additional projected taxes the Agency will be able to collect due to the amendments) will be retained for Agency housing and non-housing projects. The following tables summarize the effects of the amendments on the Agency's projected tax increment revenues. 4-7 -. ..- Page 8, Item !L Meeting Date 04/21/98 WITHOUT WITH AMENDMENT AMENDMENT TOWN CENTRE I Projected Tax Increment $18,569,486 $50,579,951 Less Taxing Agency Portion (7%) 0 (3,712,3721 PROJECTED TAX INCREMENT RETAINED $18,569,486 $46,B67,579 BA YFRONT (EXISTING AREA) Projected Tax Increment $31,050,797 $99,787,870 Less Taxing Agency Portion 110%) 0 19,600,1241 PROJECTED TAX INCREMENT RETAINED $31,050,797 $90,187,746 BAYFRONT (ADDED) Projected Tax Increment $0 $41,604,101 Less Taxing Agency Portion (33%) 0 (13,553,746) PROJECTED TAX INCREMENT RETAINED $0 $28,050,355 TOTAL PROJECTED TAX INCREMENT BEGINNING JULY 1, 1999 TO END OF PROJECT LIFE $49,620,283 $165,105,680 ATTACHMENTS TO STAFF REPORT 1 - Bayfront and Town Centre I Redevelopment Plan Amendments - EXHIBITS TO AGENCY RESOLUTION A (TOWN CENTRE I) A - Rules Governing Participation and Preferences by Property Owners and Business Occupants B- Method of Relocation C - Redevelopment Plan D - Preliminary Report EXHIBITS TO AGENCY RESOLUTION C (BAYFRONT) A - Rules Governming Participation and Preferences by Property Owners and Business Occupants B - Method of Reiocation C - Redevelopment Plan D - Preliminary Report IP61 H,\HOMElCOMMOEV\STAFF.REPlO4-21-98\6F-TCIPL [Apc1110, 19"I3,34pmll 11 -<;? -- ... RESOLUTION NO, /5'7'1 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CALLING FOR A JOINT PUBLIC HEARING REGARDING THE PROPOSED TOWN CENTRE I REDEVELOPMENT PROJECT AMENDMENT NO.5; AUTHORIZING THE DISTRIBUTION OF REQUIRED PLAN AMENDMENT DOCUMENTS; FINDING THAT USE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA WILL BENEFIT THE PROJECT AREA; AND ADOPTING OWNER PARTICIPATION RULES AND RELOCATION PROCEDURES WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1691 on July 6, 1976, approvin9 and establishin9 the Redevelopment Plan for the Town Centre I Redevelopment Project ("Project"), and the City Council has since 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, and on November 8, 1994 by Ordinance No. 2609; and WHEREAS, with the approval of a Preliminary Plan on October 7, 1997, the City of Chula Vista Redevelopment Agency ("Agency") is proceeding with the preparation of a fifth amendment to the Redevelopment Plan for the Town Centre I Redevelopment Project ("Amendment"); and WHEREAS, in connection with the preparation and adoption of the original Redevelopment Plan ("Original Plan") adopted on July 6, 1976, the Agency adopted rules to implement the operation of owner participation pursuant to Section 33345 of the California Community Redevelopment Law, Health and Safety Code Section 33000 m: ~ ("Law"), and to extend reasonable preferences to persons who are engaged in business in the Town Centre I Redevelopment Project Area ("Project Area") to reenter in business within the redeveloped area if they otherwise meet the requirements prescribed by the Original Plan pursuant to Section 33339,5 of the Law ("Rules"); and WHEREAS, the Agency desires to reaffirm the effect and use of said Rules, with minor modifications, for the Project Area upon the adoption of the Amendment; and WHEREAS, pursuant to Section 33411 of the Law, to implement the Existing Plan, the Agency has utilized as its method or plan for relocation of families and persons to be temporarily or permanently displaced from housing facilities in the Existing Area and nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the Existing Area the State Relocation Law (California Government Code Sections 7260-7277) and Relocation Assistance and Real Property' Acquisition Guidelines (California Department of Community Development); and WHEREAS, the Agency desires to reaffirm the effect and use of the State Relocation Law and Relocation Assistance and Real Property Acquisition Guidelines as the method of relocation for the Project Area upon adoption of the Amendment; and WHEREAS, a draft Redevelopment Plan has been prepared in conjunction with the Amendment; and 4-9 --. .. . WHEREAS, Section 33346 of the Law provides that before a redevelopment plan is submitted to the City Council for consideration, it shall first be submitted to the planning commission for its report and recommendation concerning the redevelopment plan and its conformity to the City's General Plan; and WHEREAS, pursuant to Section 33347.5 of the Law, a redevelopment plan also shall also be submitted to the Project Area Committee for its report and recommendation if it so chooses, before it is submitted to the City; and WHEREAS, Section 33344,5 of the Law provides that the Agency shall prepare and send to each affected taxing entity a Preliminary Report which shall include the information contained in Section 33344,5; and WHEREAS, pursuant to Section 33334.2(g) of the Law, the Agency may use the Low and Moderate Income Housing Funds for the purposes authorized by Health and Safety Code Section 33334.2 et sea. outside the Project Area upon a finding of the Agency and the City Council that the use of the Low and Moderate Income Housing Funds outside the Project Area will be of benefit to the Project; and WHEREAS, in connection with the proposed Amendment, the Agency has found and determined that the use of the Low and Moderate Income Housing Funds outside the Project Area will be of benefit to the Project and Project Area based on the following facts: a) Affordable housing opportunities already exist within the Project Area and the Project Area will benefit by dispersing affordable housing throughout the jurisdiction rather than clustering it all in one area; b) The commercial and industrial redevelopment contemplated and proposed for the Project Area will be encouraged and supported by the creation and improvement of affordable housing opportunities outside the Project Area; c) The use of low- and moderate-income housing funds outside the Project Area will provide additional housing opportunities to employees who are employed with businesses located in the Project Area; and d) The use of these funds will enable the City of Chula Vista to meet California State housing requirements and fulfill housing goals and policies as stated in the Housing Element of the General Plan of the City of Chula Vista. WHEREAS, pursuant to Sections 33458 and 33355 of the Law, a joint public hearing on the Amendment may be held with the consent of the City Council and Agency. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby: 4-10 --- 1. Authorize and consent to hold a joint public hearing with the City Council of the City of Chula Vista on June 9, 1998 at 7:00 p,m. in the Council Chambers, for the purpose of considering the proposed Amendment No.5 to the Town Centre I Redevelopment Plan, and directs staff to give notice of the joint public hearing in the form and manner required by the Law. 2. Receive the draft Redevelopment Plan for the Town Centre I Redevelopment Project Amendment No, 5 in the form attached hereto as Exhibit "C" and authorizes and directs Agency staff to transmit the draft Redevelopment Plan to the Planning Commission and Project Area Committee for their review and recommendation, 3. Authorize and direct Agency staff to transmit to affected taxing agencies the draft Redevelopment Plan and the Preliminary Report for the Town Centre I Redevelopment Project Amendment No, 5 in the form attached hereto as Exhibit "D." 4. Adopt and direct staff to make available for review the Owner Participation Rules in the form attached hereto as Exhibit "A," 5. Adopt the use of State Relocation Law and Relocation Assistance and Real Property Acquisition Guidelines, as they exist today (as attached hereto as Exhibit "8") or are hereafter amended by State law, as the Agency's method of relocation for the Town Centre I Redevelopment Project, 6. Find and determine, based on the facts set forth above, that the use of the Low and Moderate Income Housing Funds outside the Project Area will be of benefit to the Town Centre I Redevelopment Project and Town Centre I Redevelopment Project Area. Presented by Approved as to form by &! ~ Chris Salomone Director of Community Development IIPBI H,\HOMEICOMMOEV\RESOS\ROATCI.A (Ap,LI 16, 199B (",OOomll 4-/( --0 ... RESOLUTION NO. ~b q RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO CALLING FOR A JOINT PUBLIC HEARING REGARDING THE PROPOSED TOWN CENTRE I REDEVELOPMENT PROJECT AMENDMENT NO.5 AND FINDING THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA WILL BENEFIT THE PROJECT AREA WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1691 on July 6, 1976, approving and establishing the Redevelopment Plan for the Town Centre I Redevelopment Project ("Project"), and the City Council has since 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, and on November 8, 1994 by Ordinance No, 2609; and WHEREAS, with the approval of a Preliminary Plan on October 7, 1997, the City of Chula Vista Redevelopment Agency ("Agency") is proceeding with the preparation of a fifth amendment to the Redevelopment Plan for the Town Centre I Redevelopment Project ("Amendment"); and WHEREAS, pursuant to Section 33334.2(g) of the Law, the Agency may use the Low and Moderate Income Housing Funds for the purposes authorized by Health and Safety Code Section 33334,2 et seq, outside the Project Area upon a finding of the Agency and the City Council that the use of the Low and Moderate Income Housing Funds outside the Project Area will be of benefit to the Project; and WHEREAS, in connection with the proposed Amendment, the City Council has found and determined that the use of the Low and Moderate Income Housing Funds outside the Project Area will be of benefit to the Project and Project Area based on the following facts: a) Affordable housing opportunities already exist within the Project Area and the Project Area will benefit by dispersing affordable housing throughout the jurisdiction rather than clustering it all in one area; b) The commercial and industrial redevelopment contemplated and proposed for the Project Area will be encouraged and supported by the creation and improvement of affordable housing opportunities outside the Project Area; c) The use of low- and moderate-income housing funds outside the Project Area will provide additional housing opportunities to employees who are employed with businesses located in the Project Area; and d) The use of these funds will enable the City of Chula Vista to meet California State housing requirements and fulfill housing goals and policies as stated in the Housing Element of the General Plan of the City of Chula Vista, 4 -I.d-. WHEREAS, pursuant to Sections 33458 and 33355 of the Law, a joint public hearing on the Amendment may be held with the consent of the City Council and Agency. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby 1. Consent to and call for a joint public hearing with the Chula Vista Redevelopment Agency on June 9, 1998 at 7:00 p,m, in the Council Chambers, for the purpose of considering the proposed Amendment No, 5 to the Town Centre I Redevelopment Plan, and direct staff to give notice of the joint public hearing in the form and manner required by the Law. 2. Find and determine that, based upon the facts set forth above, the use of the Low and Moderate Income Housing Funds outside the Project Area will be of benefit to the Town Centre I Redevelopment Project and Town Centre I Redevelopment Project Area, Presented by Approved as to form by r~~ Chris Salomone Director of Community Development IIPB) H,\HOMEICOMMDEV\RESOS\CCTCIRES.B )Ap,;) 16, 199B 111,D1omll 4-13 -. ..- RESOLUTION NO. I ~-cg () RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CALLING FOR A JOINT PUBLIC HEARING REGARDING THE PROPOSED BA YFRONT REDEVELOPMENT PROJECT AMENDMENT NO.5; AUTHORIZING THE DISTRIBUTION OF REQUIRED PLAN AMENDMENT DOCUMENTS; FINDING THAT USE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA WILL BENEFIT THE PROJECT AREA; AND ADOPTING OWNER PARTICIPATION RULES AND RELOCATION PROCEDURES WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No, 1541 on July 16, 1974, approving and establishing the Redevelopment Plan for the Bayfront Redevelopment Project ("Project"), and the City Council has since 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, and on November 8, 1994 by Ordinance No, 2608; and WHEREAS, with the approval of a Preliminary Plan on October 7, 1997, the City of Chula Vista Redevelopment Agency ("Agency") is proceeding with the preparation of a fifth amendment to the Redevelopment Plan for the Bayfront Redevelopment Project ("Amendment"); and WHEREAS, the Amendment proposes to add approximately 398 acres of territory ("Added Area") to the existing 637-acre Bayfront Redevelopment Project Area ("Existing Area") to establish a 1,035-acre amended Bayfront Redevelopment Project Area ("Project Area"); and WHEREAS, in connection with the preparation and adoption of the original Redevelopment Plan ("Original Plan") adopted on July 16, 1974, the Agency adopted rules to implement the operation of owner participation pursuant to Section 33345 of the California Community Redevelopment Law, Health and Safety Code Section 33000 ~.§!ill." ("Law"), and to extend reasonable preferences to persons who are engaged in business in the Project Area to reenter in business within the redeveloped area if they otherwise meet the requirements prescribed by the Original Plan pursuant to Section 33339.5 of the Law ("Rules"); and WHEREAS, the Agency desires to reaffirm the effect and use of said Rules, with minor modifications, for the Project Area upon the adoption of the Amendment; and WHEREAS, pursuant to Section 33411 of the Law, to implement the Existing Plan, the Agency has utilized as its method or plan for relocation of families and persons to be temporarily or permanently displaced from housing facilities in the Existing Area and nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the Existing Area the State Relocation Law (California Government Code Sections 7260-7277) and Relocation Assistance and Real Property Acquisition Guidelines (California Department of Community Development); and WHEREAS, the Agency desires to reaffirm the effect and use of the State Relocation Law and Relocation Assistance and Real Property Acquisition Guidelines as the method of relocation for the Project Area upon adoption of the Amendment; and 4 -/~ WHEREAS, a draft Redevelopment Plan has been prepared in conjunction with the Amendment; and WHEREAS, Section 33346 of the Law provides that before a redevelopment plan is submitted to the City Council for consideration, it shall first be submitted to the planning commission for its report and recommendation concerning the redevelopment plan and its conformity to the City's General Plan; and WHEREAS, Section 33344,5 of the Law provides that the Agency shall prepare and send to each affected taxing entity a Preliminary Report which shall include the information contained in Section 33344.5; and WHEREAS, pursuant to Section 33334,2(g) of the Law, the Agency may use' the Low and Moderate Income Housing Funds for the purposes authorized by Health and Safety Code Section 33334.2 et sea. outside the Project Area upon a finding of the Agency and the City Council that the use of the Low and Moderate Income Housing Funds outside the Project Area will be of benefit to the Project; and WHEREAS, in connection with the proposed Amendment, the Agency has found and determined that the use of the Low and Moderate Income Housing Funds outside the Project Area will be of benefit to the Project and Project Area based on the following facts: a) Due to the limited housing opportunities within the Project Area, the increase, improvement and preservation of the community's supply of low- and moderate-income housing will need to occur outside of the Project Area; b) The commercial and industrial redevelopment contemplated and proposed for the Project Area will be encouraged and supported by the creation and improvement of affordable housing opportunities outside the Project Area; c) The use of low- and moderate-income housing funds outside the Project Area will provide additional housing opportunities to employees who are employed with businesses located in the Project Area; and d) The use of these funds will enable the City of Chula Vista to meet California State housing requirements and fulfill housing goals and policies as stated in the Housing Element of the General Plan of the City of Chula Vista. WHEREAS, pursuant to Sections 33458 and 33355 of the Law, a joint public hearing on the Amendment may be held with the consent of the City Council and Agency, NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby: 1, Authorize and consent to hold a joint public hearing with the City Council of the City of Chula Vista on June g, 1998 at 7:00 p,m. in the Council Chambers, for the purpose of considering the proposed Amendment No. 5 to the Bayfront Redevelopment Plan, and directs staff to give notice of the joint public hearing in the form and manner required by the Law. 4-!S"" -.. 2. Receive the draft Redevelopment Plan for the Bayfront Redevelopment Project Amendment No.5 in the form attached hereto as Exhibit "C" and authorizes and directs Agency staff to transmit the draft Redevelopment Plan to the Planning Commission and Project Area Committee for their review and recommendation, 3, Authorize and direct Agency staff to transmit to affected taxing agencies the draft Redevelopment Plan and the Preliminary Report for the Bayfront Redevelopment Project Amendment No.5 in the form attached hereto as Exhibit "D." 4, Adopt and direct staff to make available for review the Owner Participation Rules in the form attached hereto as Exhibit" A." 5, Adopt the use of State Relocation Law and Relocation Assistance and Real Property Acquisition Guidelines, as they exist today (as attached hereto as Exhibit "B") or are hereafter amended by State law, as the Agency's method of relocation for the Bayfront Redevelopment Project. 6. Find and determine, based on the facts set forth above, that the use of the Low and Moderate Income Housing Funds outside the Project Area will be of benefit to the Bayfront Redevelopment Project and Bayfront Redevelopment Project Area, Presented by Approved as to form by ~c ~ <' Chris Salomone Director of Community Development IIPB} H,\HOMEICOMMDEV\RESOS\ROABFRES.C {April IS, 199B 111,'0,m}J 4-(G, -- RESOLUTION NO, .l...S....J.. -¡ 0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO CALLING FOR A JOINT PUBLIC HEARING REGARDING THE PROPOSED BA YFRONT REDEVELOPMENT PROJECT AMENDMENT NO.5 AND FINDING THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA WILL BENEFIT THE PROJECT AREA WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1541 on July 16, 1974, approving and establishing the Redevelopment Plan for the Bayfront Redevelopment Project ("Project"), and the City Council has since 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, and on November 8, 1994 by Ordinance No, 2608; and WHEREAS, with the approval of a Preliminary Plan on October 7,1997, the City of Chula Vista Redevelopment Agency ("Agency") is proceeding with the preparation of a fifth amendment to the Redevelopment Plan for the Bayfront Redevelopment Project ("Amendment"); and WHEREAS, pursuant to Section 33334,2(g) of the Law, the Agency may use the Low and Moderate Income Housing Funds for the purposes authorized by Health and Safety Code Section 33334,2 et sea, outside the Project Area upon a finding of the Agency and the City Council that the use of the Low and Moderate Income Housing Funds outside the Project Area will be of benefit to the Project; and WHEREAS, in connection with the proposed Amendment, the City Council has found and determined that the use of the Low and Moderate Income Housing Funds outside the Project Area will be of benefit to the Project and Project Area based on the following facts: a) Due to the limited housing opportunities within the Project Area, the increase, improvement and preservation of the community's supply of low- and moderate-income housing will need to occur outside of the Project Area; b) The commercial and industrial redevelopment contemplated and proposed for the Project Area will be encouraged and supported by the creation and improvement of affordable housing opportunities outside the Project Area; c) The use of low- and moderate-income housing funds outside the Project Area will provide additional housing opportunities to employees who are employed with businesses located in the Project Area; and d) The use of these funds will enable the City of Chula Vista to meet California State housing requirements and fulfill housing goals and policies as stated in the Housing Element of the General Plan of the City of Chula Vista. ~-/7 -"- -.. WHEREAS, pursuant to Sections 33458 and 33355 of the Law, a joint public hearing on the Amendment may be held with the consent of the City Council and Agency. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby: 1. Consent to and call for a joint public hearing with the Chula Vista Redevelopment Agency on June 9, 1998 at 7:00 p.m. in the Council Chambers, for the purpose of considering the proposed Amendment No, 5 to the Bayfront Redevelopment Plan, and direct staff to give notice of the joint public hearing in the form and manner required by the Law, 2. Find and determine that, based upon the facts set forth above, the use of the Low and Moderate Income Housing Funds outside the Project Area will be of benefit to the Bayfront Redevelopment Project and Bayfront Redevelopment Project Area, Presented by Approved as to form by f~ ~ ./ Chris Salomone Director of Community Development [{PBI H,\HOMEICOMMDEV\RESOS\CCBFRESO.D lAp,;, 16, 199B (11,¡¡om)] 4-1? -. . - - Attachment I Schedule for Bayfront and Town Centre I Redevelopment Plan Amendments 4/21/98 City Council/Redevelopment Agency meeting Approval of Preliminary Reports/Draft Redevelopment Plan Amendments/Authorizing circulation of Preliminary Reports to affected agencies/Reaffirming Rules for Owner Participation and Relocation Calling for joint public hearing on proposed amendments to Redevelopment Plan/Find housing fund expenditures benefit Projects 4/22/98 Planning Commission Public Hearing Draft Environmental Impact Report 04/28/98 Town Centre Project Area Committee Recommendation on Redevelopment Amendment 5/7/98 Public Workshop (for Town Centre I Project Area) 5/13/98 Planning Commission Public Hearing Recommend approval of General Plan Amendment and Redevelopment Plan Amendments/General Plan consistency finding 6/9/98 City Council/Redevelopment Agency Joint Public Hearing Certify Final Environmental Impact Report and approve General Plan Amendment and Redevelopment Plan Amendments/and adoption of ordinance unless objections received 6/16/98 City Council (continued meeting) If written objections received at 6/9 public hearing, responses to objections and adoption of ordinance 7/14/98 City Council Meeting Second reading of ordinance adopting Redevelopment Plan Amendment 8/14/1998 Ordinance approving Redevelopment Plan Amendments effective ! H, \hom.\oommdev\booh.,\"h.dul.. RP A] 4-/9 -- .-- -. EXHIBIT "A" - TOWN CENTRE I RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS FOR TOWN CENTRE I REDEVELOPMENT PROJECT AMENDMENT NO.5 ORIGINAL -.. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS AND TENANTS IN THE BAYFRONT AND TOWN CENTRE I REDEVELOPMENT PROJECTS Section I. GENERAL These rules are promulgated to implement the provisions of the Redevelopment Plan for the Bayfront and Town Centre I Redevelopment Projects regarding participation and the exercise of preferences by owners, operators of businesses, and tenants in the Project. These rules set forth the procedures governing such preferences and participation. The Redevelopment Agency of the City of Chula Vista ("Agency") desires participation in development of the project area by as many owners and tenants as possible. In view of the pattern of land assembly and integrated development envisioned by the Redevelopment Plan, persons and firms doing business in the Project Area will be encouraged to take advantage of their participation and preference opportunities. Specific attention will be focused upon the participation of owners of buildings that have historical and architectural merit and which are structurally sound and can be renovated feasibly in accordance with the Plan. Participation opportunities are necessarily subject to and limited by factors such as the following: 1. The elimination and/or modification of some land uses. 2. The realignment and abandonment of some streets. 3. The ability of participants to finance the proposed development. -1 - /1-/ -~ 4. The reduction of the total number of individual parcels in the Project Area. 5. Change in orientation and character of the area. 6. The building has historical and/or architectural qualities that will enhance the Redevelopment Plan. 7. Agency's determination that an alternative project proposal better implements the provisions of the Redevelopment Plan. Section II. PARTICIPATION BY OWNERS OF REAL PROPERTY A. Participation in the Same Location In appropriate circumstances where such would foster the unified and integrated development contemplated by the Redevelopment Plan, an owner may participate in substantially the same location by retaining all or portions of his property and purchasing other property if needed and available for development in accordance with the Redevelopment Plan. Conflicting desires among participants for particular sites or land uses will be resolved by the conformity of a participation proposal with the intent and purpose of the Redevelopment Plan. The final decisions concerning land acquisition by the Agency will be based upon the conditions existing at the time the Agency purchases property or enters into participation agreements. B. Participation in a Different Location In some instances, the Agency will buy the land and improvements at fair market value, and offer parcels of cleared land for purchase by owner-participants prior to offering for sale to the general public. Property sold to owner-participants will be made available at fair value for the uses designated in the Redevelopment Plan. - 2- ,A-~ -- Section III. PARTICIPATION BY TENANTS Pursuant to these rules, non-property owners who are tenants engaged in business or residing in the Project Area will be given opportunities to remain or to obtain reasonable preferences to reenter within the redevelopment area if they otherwise meet the requirements prescribed by the Plan. A. Tenant Participation as Owners Tenants will be given reasonable preference to purchase and develop real property in the Project Area. Property sold to such tenants will be made available at fair value for the uses designated in the Plan, b. Preferences for Business Tenants as Tenants Business tenants who desire to reenter the Redevelopment Project Area as tenants will receive reasonable preferences to locate in the Project Area in accordance with the prescribed uses of the Plan. Section IV. PROCEDURE FOR BECOMING A PARTICIPANT A. Procedure for Participation as Business Owner, Residential Owner or Business Tenant Every person interested in becoming a participant as a business owner or tenant must submit to the Agency a statement indicating such interest. A form for this purpose may be obtained from the Agency on request. The Agency may disregard Statements of Interest submitted after the end of the thirty (30) day period immediately following the date of the publication of the ordinance of the City Council adopting the Redevelopment Plan. The Agency will notify each person who submits a Statement of Interest of the time within which he must submit his proposal for participation, - 3- /1-.3 Opportunity will be given to discuss proposals with the Agency staff and to make necessary adjustments. The Agency will make every effort to meet the desires of every person desiring to participate in the Project. B. Participation Aqreement Each owner or tenant who has submitted an acceptable proposal for owner or tenant participation will be required to enter into a participation agreement with the Agency. Each agreement will contain provisions necessary to insure that the participation proposal will be carried out, and that the subject property will be developed or used in accordance with the conditions, restrictions, rules and regulations of the Redevelopment Plan and the agreement. The agreement will specifically mention the following; 1. Parking facilities per the requirements of the City of Chula Vista and/or provisions for Public Transit (if any) shall be applicable to the owner/participant in the same manner and degree as they affect a new purchaser/developer in the project 2. The owner/participant will be assessed by a Special Assessment District (if any) in the same proportion or ratio as that of a new developer for the purpose of maintaining common areas, parking areas, and other public project facilities. Each agreement will furthermore require the participant to join in the recordation of such documents as the Agency will require in order to insure such development. The agreement will also provide that a successor in interest of the original participant may become B participant with the approval of the Agency. Participation agreements will be effective only if approved by the members of the Agency. - 4- /1-4- ..- ---- Section V. AMENDMENT OF OWNER PARTICIPATION RULES The Agency may amend these Rules at any meeting held after their adoption. Any amendments after the filing of statements of intent shall be made only after notice to the persons who have filed such statements. Such notice shall be sent by mail to any persons who have filed statements of interest and shall be posted at least fourteen (14) days before the date of the meeting at which the proposed amendment will be considered, IJBIHoIHOMEICOMMDEV\BUCHANIRULESBF.TCI IAp,il15, 1998 "oS3aml - 5 - /1-::- ..-- EXHIBIT "B" - TOWN CENTRE I METHOD OF RELOCATION (STATE RELOCATION LAW-GOVT. CODE SECTIONS 7260 TO 7277 AND RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES) FOR TOWN CENTRE I REDEVELOPMENT PROJECT AMENDMENT NO.5 --- ... Barclays Official CALIFORNIA CODE OF REGULATIONS Title 25. Housing and Community Development Division 1. Housing and Community Development Chapter 6. Department of Housing and Community Development Programs Vol. 33 Published by BARCLAYS LAW PUBLISHERS 50 California Stteet Nineteenth Hoor San Francisco, CA 9411 I 800-888-3600 ¡7-c::' ~led 3/30 \ q'ð _d Title 25 Department of Housing and Community Development Programs Table of Contents Chapter 6. Department of Housing and Community Development Programs TABLE OF COl'lENTS Page Page Subchapter 1. Relocation Assistance and § 6098, Allemate Payme<1ts-lndividuals Real Property Acquisition and Families, Guidelines 261 § 6100. Allemate Payments-Businesses and Farm Operations. Article 1, General 261 § 6102, Replacement Housing Payme<1ts § 6000. Order of Adoption. for Homeowoers. § 6002. Stateme<1t of Purpose and Policy. §6104, Replacemenl Housing Payme<1ts § 6004, Applicability and Supersedure, for Te<1ants and Certain Others. § 6006, Regulations, §6106, Proration 01 Payme<1ts. § 6008, Defin"ions. §6108. Condition of Replaceme<1t §6010, Prior Determinations, Dwelling, § 6012, Citize<1 Participatioo. § 6110. Certificate 01 Eligibility, § 6014, Prerequisite to Displaceme<1t. § 6112. Mobile Homes, § 6016, Remedies, § 6114, Affected Property, §8018. Priority of Federal Law, Article 4. Last Resort Housing 274 § 6020. Severabil"y, § 6120. Purpose. Article 2. Relocation Assistance §6122, Detennioation of Need for Last Advisory Program and Resort Housing. Assurance of Comparable § 6124, Development of Replacement Replacement Housing 264 Housiog Plao, §6126, Submissioo of Plan for § 6030, Purpose, Comment. § 6032, Relocatioo Assistance Advisory §6128, Determinatioo by Displacing Program. Public Entity of Feasibility and § 6034. Eligibility. Compliaoce. § 6036. Rehabiiitation, Demolitioo, Code § 6130. Impleme<1talion of the Enlorceme<1t. § 6038. Relocation Plao. Replacement Housing Plan, § 6040. Minimum Requireme<1ts of § 6132. Housiog Productioo, Reiocation Assistance Advisory §6134, Jointly Sponsored Developme<1t. §6136, Last Resort Housing io Ueu of Program, Paymeots, § 6042, Replacement Housing Prior to §6138. Conform"y w"h the Act and Displacement: Notices to Other Statutes, Policies and Displaced Persons, Procedures. § 6044. Temporary Move, § 6046. Informstiooal Program. ArticleS. Grievance Procedures 275 § 6048, Survey and Analysis of § 6150. Purpose. Relocation Needs, §6152. Right of Review, § 6050, Failure to Conduct Tomely and § 6154, Notificatioo to Complainant. Effective Survey, §6158, Stag.. of Review by a Public § 6052, Survey and Analysis 01 Available Eotity. Relocation Resources. § 6158, Formal Review and § 6054. Last Resort Housing. Reconsideratioo by the Public § 8056, Termination of Relocation Entity, Assistaoce, § 8160, Refusals to Waive Tome § 8058, Eviction, Limitatioo, § 6060, Evaluation of Relocation, §6162, Extension 01 Tome Umits. Article 3. Relocation Payments 268 §6164, Recomme<1dations by Third Party. § 6080. Purpose, §6166. Review of FII... by Claimant. § 6082, Relocation Payments by Public §6168, Effect of Determination on Other Entity, Persons, § 8084, Basic Eligibility Conditions. §6170, Right to Couosel. § 8088, Notice of Intent to Displace, §8172, Stay of Displacement Pendiog § 6088. Filiog of Claims; Submission of Review. Tax Returns, §6174. Joiot Complaioaots. § 6090. Actual Reasooable Moving § 6176. Judicial Review. Expens.... § 6092, Actual Direct Loss... of Tangible Article 6. Acquisition Policies 276 Personal Property. §6180. Purpose. § 6094, Actual Reasonable Expens.. in §6162, Acquisitioo. Searc:l1ing for a Replacement §6184. Notice 01 Decision to Appraise. Busioess or Farm. §6186. Tome 01 Offer, § 6096. Moving Expens..-outdoor §6186. Notice of Land Acquisition Advertlsiog Busin....., /1-1 Procedures. Page I ( 12-2"'6) _d Table or Contents BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 Page Page §6190, Notice of Public Eotity's Decision Subchapter 3, Housing Element Guidelines 279 Not to Acquire, Subchapter 4, Housing Element Guidelines 279 §6192, Incidental Expenses, §6194, Short Term Rental. Subchapter 5. Department of Housing and §6195, Public Information. Community Development- §6196, Service of Notice, Conflict of Interest Code 279 §6198, Nonpossessory Interest § 6500, Geoeral Provisions. Exception, Appendix A 280 Subchapter 2. California Low-Income Appendix B 280 Home Management Training Program 279 /l-'i! PageU tt'-77-96J --- Title 25 Department of Housing and Community Development Programs § 6008 (b) These Guidelines supersede those adopted by the Commission of Chapter 6. Department of Housing and Housing and Communjry Development on October 17.1973, The guide- lines so superoeded shall not apply to any displacement or acquisition oc. Community Development Programs curring on or after the effective date of these Guidelines, Aoy such dis- placement or acquisition shall be governed solely hy these Guidelines Relocation Assistance and and the California Relocation Act. found at Govemment Code section Subchapter 1. 7260 et seq. Real Property Acquisition Guidelines The provisions of these Guidelines, however. shall not be construed retroactively to apply to action(s) undenaken by a public entity prior to their effective date where the purpose of the action was to fulfùl obliga- Article 1. General tions imposed by the Act and the action is in compliance with the require- ments of the Act and the existing Gwdelines. For the purpose of this sec- § 6000. Order of Adoption. tion the term "action" shall include but is not limjred to: the provision of information. notice. other assistance, comparable replacement housing, This subchapter (hereinafter referred to as the "Guidelines") is payments and other benefits: the preparation of relocation and last resort adopted purouant to the provisions of Section 41135. Health and Safety housing plans. including the survey and analysis of needs and resources: Code, in ottlertoirnplement. intelpret and to make specific provisions of the processing of grievances: and the various step; taken in connection Division 7. commencing with Section 7260 of the Govemment Ccrle with the acquisition of property for public use, (hereinafter referred to as the "Act"), relating to relocation assistance. These guidelines shall apply to relocation plans and notices to displa- last resort housing and real property acquisition. cees subsequent to the effective date of any regulatory provision. The NOTE Authonty «ted for Chap«r 6: Sections 41134. 41135. and 4t226, Health right of displacees shall not be reduced in reliance on any amendment to and Safety Code. Reference: Seotioo 7260 et seq.. Government Code; 41134. 41135, and 41226, Health and Safety Code, these guidelines where it may be demonstrated that the displacee has HtS1URY acted in reliance 00 a notice gjven to that household priorto the effective I. Ameodmeot filed 11-5-76 as ao emergeocy; designated effecuve 11-27-76 date of any guideline. (Register 76, No, 44), For prior lustory. see Regis«r 76, No, 44, (c) To the extent that these Guidelines are from time to time amended. 2. Redes;gnation of Chapter 6 (Sections 60CJ0...<i19B. not consecuuve) to Chap«r the amendments shall be effective prospectively from the date that they 6.Subchapter 1 (Sections 6000-619B.oo< consecutive) fùed 1-28-77 as proce- become effective. dural and orgaoizatiooal; effective upon filing (Register 77 No.5). No,," Authonty ci«d: Section 50460. Health and Safety Code. Refereoce; M- ), Amendmentfiled 1-28-77 as procedural and orgaoizational;dfective upon fil- tiele 4. Section S. Califom>a Constitution, iog(Regis«r77,No.5). HtSroRY 4, Certifica« ofCompliaoce as to filing of t 1-5-76 filed 2-16-77 (Regis«r 77. I. Amendment of subsection (b) filed t 1-5-76", ao emergency; designated d- No.B). fecti" 11-27-76 (R~"«r 76. No. 44), 2. Certificate ofCompliaoce filed 2-16-77 (Reg,,«r77. No. B), § 6002. Statement of Purpose artd Policy. 3. Ameodmeot of section and new NoITfiled 8-12-97; operative 9-11-97 (Reg- (a) The purpose of the Guidelines is to assist public entities in the de. is«r97.No,33). velopment of regulations and procedures implementing the Act. § 6006. Regulations. (b) The Guidelines are designed to carry out the following policies of (a) Each public entity before undertaking or participating in activity the Act: which will result in the displacement of peroons shall adopt rules and reg- (I) Toensure that uniform. fair and equitable treatment is affottled per- ulatioos that implement the requirements of the Act, are in accordance soos displaced from their homes. businesses orfanns as a result of the ac- with the provisions of the Guidelines. and prescribe additiooal proce- tioos of a public eotity in ottler that such peroons shall oot sufferdispro- dures and requiremeots that are appropriate to the particular activities of portion..e injury as a result of action taken for the benefit of the public the public eotity aDd oot incoosisteot with the Act or Guidelines. as a whole: and (b) Rules and regulations issued under this section shall be promp<ly (2) 10 the acquisition of real propenyby a public entity. to ensure con- revised as oecessary, to conform to ROy ameodment of the Act or Guide- sistent and fair treatment for ownero of real property to be acquired. to lines, eocourage and expedite acquisitioo by agreement with ownero of such property in ottlertoavoid litigation and relieve congestion in courts. and ~ 6008. Definitions. to promote confidence in public laod acquisition. The following terms shall mean: (c) A public entity shall not participate in orundenake a project that (a) Acquisition, will displace individuals from their bomes unless comparable replace- Obtaining ownmbip or possession of property by lawful means, ment dwellings (see subsection 6008(c)) will be available within a rea- (b) Business. sooable period of time prior to displacement. Aoy lawful activity. except a farm operation provided such lawful ac- (d) The Guidelines are intended to establish only minimum require- tivity is oot in ao unlawful occupancy as defined io subsection (v). coo- ments for relocation assistaoce and payments, They shall not be coo- ducted primarily: strued to limit any other authority orobligatioo which a public entity may (I)Forthe puochase. sale, lease. or rental of peroonal and real property. have to provide additiooal assistance and payments. aDd f orthe manufacture. processing. ormarketing of prcrlucts, commcrli- (e) The Act and the Guidelines are intended for the benefit of displaced ties. or any other peroooal property; perooos. to ensure that sucb perooos receive fair and equitable treatment (2) For the sale of services to the public: and do not suffer disproportiooate injuries as the resull of programs de- (3) By a nonprofit orgaoization; or signed for the benefit of the public as a whole, The Act. Guidelines and (4) Solely for the purpose of a moving expense payment (see sectioo all applicableregulatioos on which detenninatioos are based shall be con- 6090). for assisting in the puochase. sale, resale. manufacture. process- strued to effect this intent. ing. or marketing of prcrlucts. commodities, peroooal property. or ser- vic<s by the erection aDd maintenance of an outdooradvertisingdisplay. ~ 6004. Applicability and Supersedura. whether or oot such display is located 00 the premises on which any of (a) Except as otherwise noted in this sectioo. the Guidelines are appli- the above activities are conducted, cable toall displacemeot and acquisitioo occurring on or aftertheircffec- (c) Comparable Replacement Dwelling. tive date. January I. 1977, A dwelling whicb satisfies each of the following standattls: ;1-9 Page 261 """.,97,No,'" 8-1>-97 _.. , . § 6008 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 (1) Decent. safe and sanitary (as dermed in subsection 6008(d». and higher standard. which exceed the provision of paragraph (I)ofthis sub- comparable to the acquired dwelling with respect to number of rooms. section. are incorporated herein, A unit which is occupied hy no more habitable living space and type and quality of construction. but not lesser than the maximum number of people allowed under the State Building in rooms or living space than necessary to accommodate the displaced Code shall be considered to be in compliance with the occupancy provi- person, sions of this subsection. (2) In an area not subjecœd to unreasODable adverse environmental (e) Department. Department of Housing and Community Develop- conditions from either natural or manmade sources. and not generally ment. less desirable than the acquired dwelling with respect to public utilities. (f) Displaced Pmon, Any person who moves from real propeny. or public and commercial facilities and neighborllOod conditions. including who moves his personal property from real property. eithe~ schools and municipal services. and reasonably accessible to the dis- (I)As a result of a written notice of intent to acquire by a public eotity placed person's present or potential place of employment: provided that or as a result of the acquisition of such real property. in wbole or in pan. a potential place of employment may not be used to satisfy the accessibil- by a public entity or by any person having an agreement with or acting ity requirement if the displaced person objects, on behalf of a puhlic entity, oras the result of a written order from a public The Act and Guidelines do not require that the replacement dwelling entity to vacate the real property. for public use; or be generally as desirable as the acquired dwelling with respect to environ- (2) As a result of the rebahilitatiOD. demolition or other displacing ac- menralcharacœristics, Though a displaced person does not have to accept tivityundenaken by a puhlic entityorby any person having an agreement a dwelling subject to unreasonahle adverse environmental conditions. with or acting on behalf of a pohlic entity of real propeny on which the neitheris a public entity required to duplicate environmental cbaracteris- person is in lawful occupancy or conducts a husiness, and the displace- tics. sucb as scenic vistas or proximity to the ocean. lakes. rivet>, forests ment. except as provided in Gov, Code sections 1260(c)(3) and 1262.5. or other natural pbenomena. lasts longer than 90 days, If the displaced person so wishes. every reasonable effon shall be This dertnition shall be construed so that persons displaced as a result made torelocate such person within orneartohis existingneighhorbood, of public action receive relocation benefits in cases where they are dis- Whenever practicable the replacement dwelling shall be reasonably placed as a result of an owner participation agreement or an acquisition close to relatives. friends, services or organizatiODs with whom there is carried out by a private pet>OD for or in connection with a public use an existing dependency relationship, where the public entity is otherwise empowered to acquire the property (3) Available on the private market to the displaced person and avail- to carry out the public use, able to all persODS regardless of race. color. sex. marital status. religion. (3) Except persons or families oflow and moderate income, as dermed or national origin in a manner consistent with Title vm of the Civil in SeCtiOD 50093 of the Health and Safety Code, who are occupants of Rights Act of 1968 or any other applicable state or federal anti-discrimi- housing which was made available to them on a pennaoent basis by a nation law. public agency and who are required to move from that housing, a dis- (4) To the extent practicable and where consistent with paragraph placed person sball oot include any of the following: (c)(l) of this section. functionally equivalent and substantially the same (A) Any person whohas been detennined to be in unlawful occupancy as the acquired dwelling, but not excluding newly constructed housing, of the displacement property as defmed in subsection 6008(v). (5) Within the Fmancial Means of the Displaced Person, A replace- (B) Any person who is a post-acquisition occupant of the displace- ment dwelling is within the fmancial means of a displaced pet>on if the ment dwelling, as provided in section 6034(b); monthly housing cost (including payments for mongage, insurance and (C) Any pet>on who occupied the property forthe porpose of obtainiog property taxes) or rental cost (including utilities and other reasonable reo relocation benefits and assistance: curring expenses) minus any replacement housing payment available to (D) Any person who is an occupant of a "Qualified affordahlehousing the pet>on (as provided in SectiODS 6102 and 61O4)does not exceed twen- preservation project" and all requirements of Government Code section ty-five percent (25%) of the pet>on's average monthly income (as de- 126O(cX3) or section 1262.5 are met: or fmed in subsection 6008( I », A replacement dwelling is within the fman- (E) Any person occupying private propeny (not otherwise entitled to cial means ofadisplaced pet>on also if the purchase price of the dwelling relocation benefits as a result of an acquisition. rehabilitation ordemoli- including related increased interest casts and other reasonable expenses tion program) wbo is required to move as a result of the displacing (as described in section 6102) does not exceed the total of the amount of agency's routine enforcement of building. housing or health codes unless just compensation provided for the dwelling acquired and the replace- the code enforcement is undenaken for the purpose of causing displace- ment housing payment available to the person (as provided in section ment in coomination with an identified rehabilitation, construction. or 6102), demolition program or project. If a dwelling which satisfies these standards is not available the public (F) A person who is not required to move pennanently or temporarily entity may consider a dwelling which exceeds them, as a result of the project as long as they are notified they are not required (d) Decent. Safe and Sanitary, to move and the project does not impose an unreasonable cbange in the (I) Housing in sound. clean and weathertightcondition. in good repair character or use of the propeny, and adequately maintained, inconfonnance with the applicable state and (G) An owner-occupant who moves as a result of an acquisition meet. local building, plumbing, electrical. housing and occupancy codes or ing the requirements of Governmeot Code section 1277, similar ominances or regulations and which meets the following mini- (g) Dwelling, The place of pennanent or customary and usual abode mum standards: of a pet>on. including a single-family dwelling, a single-family unit in (A) Each housekeeping unit shall include akit<:hen with a fully usable a two-family dwelling. multi-family ormultipurpasedwelling. a unit of sink. astove orcoonection fora stove. a separate and complete bathroom, a condominium or cooperative housing project. anonhousekeeping unit. hot and cold running waterin both bathroom and kitchen, an adequate and a mobilehome. a recreational vehicle as described in Health and Safety safe wiring system for lighting and other electrical services and heating Code Section 18010. or any other residential unit which either is coosid- as required by climatic conditions and local codes. ered to be real propetty under State law orcannot be moved without sub- (B) Each nonhousekeeping unit shall be in conformance with state and stantial damage or unreasonable cost. A residence need not be decent, local code standards for boarding houses, hotels and other dwellings for safe and sanitary to be a dwelling, congregate living, A secood home shall be considered to be a dwelling only for the por- (2) When the tem¡ decent, safe and sanitary is interpreted, under local. pose of establishing eligibility for payment for moving and related ex- state or federal law. as establishing a higher standard. the elements of that peoses (as provided in sectioo 6090), Page 262 !I-(O ","""',"0.3> "1"'" Title 25 Department of Housing and Community Development Programs § 6012 (h) Economic Rent. The amount of rent a tenant or homeowner would (u) Tenant. A peISon wbo rents or is otherwise in lawful possession of have to pay for adweUing similar to the acquired dweUing in acompara- a dwelling. including a sleeping room. which is owned by another, hie area, (v) Unlawful Occupancy. ApeISOn is considered to be in unlawful oc- (i) Elderly Household, A household in which the head of household or cupancy if the pmon has been ordered to move by a coun of competent spouse is 62 yeatS or older. jurisdictioo orifthe peISon's tenancy has been lawfuUy tenninated by the U) Family. Two or more individuals who by blood. marriage. adoption. ownerforcause. the tenant has vacated the premises. and the tenninatioo or mutual consent live together as a family unit. was not undertaken for the purpose of evading relocation assistance obli- (k) FaInt Operation, Any activity conducted solely or primarily for the gauons, produclioo of one or more agricultural products or commodities. includ- No", Authority cited: Section 50460. Health aDd Safety Code. Reference: See- ing timber. for sale or home use. and customarily producing sucb prod- !wns 726O(bl, (cl(21(AI. 0)(11 and 7277. Govemmeo! Code: Secuon I 7000. Cor- ucts or commodities in sufficient quantity to be capable of contributing porations Cod" and Section' 18007. t8008. 18010 and 50093, Health and Safety Code. materially 10 the operator's suppon. H,sroRY (I) Gross Income. Gross income means the toral annual income of an 1, Ameodment of section and oew NOTE filed 8-12-97: operative 9-11-97 (Reg. individual. or where a family is displaced total annual income of the par- ister97,No, 331, ents or adult heads of household. less the following: ~ 6010. Prior Detennlnatlons. (1) A deductioo of 5500 for each dependent in excess of three. (2) A deduction often percent (10%) of total income for an elderly or (a) Displacement. No public entity may proceed with any phase of a handicapped household, project or other activity whicb will result in the displacement of any per- (3) A deductioo for recutTing. extraordinary medical expenses. de- soo. business or farm until it makes the following detenninations: fmed for this purpose tomean medical expenses in excess of three pement (I) Fair and reasonable relocation payments will be provided to eligi- of total income. where not compensated for or covered by insurance or ble peISOns as required by Anicle 3 of the Guidelines, othersources. such as public assistance or ton recovery. (2) A relocation assisWlce program offering the services described in (4) A deduction ofreasooable amouots paid for the care of children or Anicle 2 of the Guidelines wiU be established. sick or incapacitated family membeIS when detennined to be necessary (3) Eligible peISOOS will be adequately infOtmed of the assistance. to employment of the head or spouse. excep< that the amount deducted benefits. policies. practices and procedures. including grievance proce- shall not exceed the amount of income received by the peISon thus re- dures. provided for in these Guidelines. leased. (4) Based upon recent survey and analysis of both the housing needs Gross income is divided by twelve to ascenain the average monthly of peISOOS who will be displaced and available replacement housing and income, Relocation and propeny acquisitioo payments are not to be con- considering competing demands for that housing. comparable replace- sidered as income for the detennination of fmancial means, meot dwellings will be available. or provided. if necessary. within a rea- (m) Handicapped Household. A household in which any member is sooable period of time prior to displacement sufficient in number. size handicapped or disabled. and cost for the eligible peISonS who require them, (n) loitiatioo of NegOtiatioos, The initial written offer made by the ac- (5) Adequate provisions have been made to provide orderly. timely. quiring eotity to the owner of real propeny to be purchased. or the own- and efficieot relocation of eligible persons to comparable replacement er's representative. housiog available without regard to race. color. religioo. sex. marital sta- (0) Manufactured Horne or Mobilehome. A structure described in tus. or natiooal origin with minimum hardship to those affected, Health and Safety Code sections 18007 and 18008, (6) A relocation plan meeting the requirements of section 6038 has (p) Mongage. Such classes of lieos as are commooly given to secure been prepared, advances on. ortheunpaid purchase price of. real propeny. together with (b) Acquisitioo, No public entity may proceed with any phase of a proj- the credit instrumeots. if any. secured thereby. ecl orany other activity which will result in the acquisition of real proper- (q) Ownership, Holding any of the following interests in a dwelling, tyuolil itdelennines that with respect to such acquisition and tothe g¡~at- or a contract to purchase one of the first six interests: eSt eXleot practicable, (I)A fee title. (I) Adequate provisions have been made to be guided by the provi- (2) A life eState. sions of Anicle 6 of the Guidelines, and (3) A 5O-year lease, (2) Eligible persons will be informed of the penineot benefits. policies (4) A lease with alleast 20 years to run from the date of acquisitioo of and requiremeots of the Guidelines. the propeny, HlsroRY I. Amendment of subsectioo (bl filed 11-5-76 as an eme<¡tency: desigoated ef. (5) A proprietary interest in a cooperative housing project which in- fective 11-27-76 (Regi,ter 76. No, 44). eludes the rigbl to occupy a dwelling, 2. Ceruficate ofCompuance filed 2-16-77 (Reg;'ter77. No. 81, (6) A proprietary ioterest in a mobilehome. (7) A leasehold interest with an option to pumhase. §6012. Citizen Participation. In the case of ooe who has succeeded 10 any of the foregoing interests (a) All persoos who will be displaced, neigbbornood groups and any by devise. bequest. inheritance oroperatioo of law, the tenure of owoer- relocatioo committee shall be given an opponuoityandshould beencour- ship. but not occupancy. of the succeeding owner shall include the tenure aged fully and meaniogfully to panicipate in reviewing the relocation of the preceding owner. plan and mooitoring the relocatioo assistance program, (r) Persoo. Any individual. family. pannership. corporatioo.limited li- (b) Wheo a substantial number of persons will be displaced from their ability corporation or association. dwellings the public entity shall encourage the residents and community (s) Public Entity. locludes the stale, the Regents of the University of organizatioos in the displacemenl area to fom, a relocation committee, California. a county, city, city and county, district. public authority. pub- The committee shall ioclude. when applicable. resideotial owner occu- lie agency. and anyotherpoliticalsubdivisioo orpubliccorporatioo in the pants. residential tenants, business people. and membeIS of existingorga- state when acquiring real property. orany interest therein. or ordering that nizatioos within the area.lo lieu of initiating a oew process of citizen par- acquired property be vacated. in any city or county for public use. ticipatioo, public entities which have conducted or are cooducling a (I) Public Use. A use for which propeny may be acquired by emineol citizen participatioo process as part of an existing development program domain, may substitute such process if it satisfies the requiremeots ofthissectioo. Page 263 ¡:¡ - tI ",;..,97. No. 33,8-15-97 _.. ... --- § 6014 BARCLAYS CALIFORt'IIA CODE OF REGULATIONS TitJe 25 If a substanrial number of persons will not be displaced from their dwellings. the public enrity shall at least consult with and obtain the ad- Article 2. Relocation Assistance Advisory vice of residentS and community organizations and make the relocation plan availahle to such persons and organizarions priorto submitting it to Program and Assurance of Comparable the legislarive body for approval, (See se<:rion 6038,) Replacement Housing (c) At a minimum the displacing enrity sball guarantee the following' (I) Timely and full access to all documents relevant to the relocarion § 6030. Purpose. program. A public enrity may reasonably restrict access to material The purpose of this part is to set forth requirementS with respect to the where its confidentiality is protected by law orits disclOSlJre is proltibited development and implementation of a relocation assistance advisory pro- bylaw. gram for the provision of specified services and to prescribe the obliga- The displacing entity sball ensure that the infonnarion in documentS cion of a public entity not todisplace orcause the displacement of any per- the provisionofwbich would result in discl05ure of the identity of eligible son from his dwelling withoot adequate norice and unless comparable persons is provided in a manner designed to avoid such disclosure, This replacement hoosing is available. obligatien to avoid improper disclosure shall not affect the right of the § 6032. Relocation Assistance Advisory Program. person to wbich the infonnation relates (or any other person authorized Public enriries shall develop and implement a relocation assistance ad- in writing by such person) to inspect such documents, visory program which satisfies the requirements of this article and of (2) The provisien of technical assistance necessary to interpret ele- Title VI of the Civil Rights Act of 1964, Title VlIIofthe Civil Rights Act ments of the relocation plan and other pertinent materials, of 1968. the Unruh Civil Rights Act. the RumfOtÙ Act and applicable (3) The right to submit written or oral COmments and objecricns. in- state and federal anti-<liscriminarionlaws, Such program shall be admin- cluding the right to submit written comments on the relocarion plan and istered so as to provide advisory services which offer maximum assis- to have these COmments attached to the plan when it is fo!Warded to the tance to minimize the hardship of displacement and to ensure that (a) all local legislative body or the head of the state agency for approval, persons displaced from their dwellings are relocated into hoosing meet. (4) Prompt. written response to any written objections or criticisms. ing the criteria forcomparahle replacement hoosing. and (b) all persons displaced from their places of business or fann operations are assisted in § 6014. Prerequisite to Displacement. reestablishing with a minimum of delay and I05S of eamings. No,", Authority cited, Secùon 50460, Health and Safety Code, Refereoce: Sec- No person shall be displaced until the public entity has fulfilled the o¡" two 7261. Government Code, ligations imposed by the Act and Guidelines, HISTORV t, Amendmeot of secuoo aDd new No"", fùed 8-12-97; operaùve 9-lt-97 (Reg- ister97. No, 33). § 6016. Remedies. § 6034. Eligibility. (a) If the public entity has not fulfilled or is not suhstantially fulftlling (a) Relocation assistance and benefits shall be available to, itS relocation responsihilities. it shall cease displacement until such time (I) Any person who occupies property from which he will be dis- as its responsibilities are fulfilled. When appropriate project implemen- placed, tation shall be suspended or tenninated, (2) Any person who will move from real property or will move his per- (b) Eligihle persens who move withoot offers of assistance and bene- sooal property from real property. because he will be displaced from oth- fits. after the public enrity was required to offer assistance or benefits. er real property on which he conductS a business or fann operarioo. shall be provided such assistance and payments and. when appropriate. (3) Any person who moves from real property as a result of its acquisi- compensatioo for additional costs incurred, The displacing entity shall tion by a public entity whether the move is voluntary or iilvoluntary, make every effort to identify and locate such persons, (4) Any persoo who, following the imtiatioo ofnegoriatioos by a pub- (c) A public entity may pay a complainant's attomey's fees and costs lie entity. moves as the result of the pending acquisirioo. and is encouraged to coosider doing so when a complainant institutes a (5) Any person who moves as the result of pending acquisitioo. reha- successful administrative appeal or judicial action. bilitatioo ordemolition by a public entityeitherfollowingreceipt of aNo- (d) The enumeratioo of remedies in this section is not intended to dis- tice of Intent to Displace (see sectioo 6086) or as a result of inducement coorage or preclude the use of other remedies censistent with the intent or encouragement by the public entity. of the Act and Guidelines, Rathera public entity is encouraged toconsid- (b Xl) Post-acquisition tenants, those who lawfully occupy property er and adopt other remedies. ooly after a public eority acquires it. orwho lawfully occupy property af- ter the private acquisitioo of property by a persoo with a written agree- § 6018. Priority of Federal Law. ment with a public entity for the purpose offmancing the purchase orde- If a public entity undertakes a project with federal financial assistance velopment of the property, are not eligible for assistance and benefits and consequently must provide relocarioo assistance and benefits as re- other than advisory assistance to the extent detennined by the displacing quired by federal law, the provisions of the Act and Guidelines shall not agency. apply: but if an obligation to provide relocation assistance and benefits A public entity shall infonn post-acquisitioo teoants regarding the is not imposed by federal law the provisions of the Act and Guidelines pro-jected date of displacement and. periodically. should infonn post- shall apply. acquisitioo tenants of any changes in this projection, (2) When the displacement of a post-acquisition tenant causes ahard- ship for that pe"oo because of acritical housing shortage. age. handicap. § 6020. Severability. infirnrity.lack of financial means or other circumstance. the displacing If any provision of the Guidelines or the applicatioo thereof is held in- entity shall provide relocation advisory assistance and. may in its discre- valid. such invalidity shall not affect other provisioos or applications of lion. provide other financial relocatioo benefits, In such haIdshlp situa- the Guidelines which can be given effect withoot the invalid provision or tions a public entity is encooraged to provide advisory assistance and application. and to this end the provisions of the Guidelines are severable. payment for moviog expenses, Page 264 ,//-Id-... R'~fi,97,No.J",-]>-97 Title 25 Department or Housing and Community Development Programs § 6040 (3) Where a public enuty, orpropertyit owns. is makiogbousing avail- (e) (1) Copies of the plan sball be submitted for review to the relocauoo able 00 a permanent basis. a post-acquisition tenant wbo moves as the committee 30 days prior to submissioo to the locallegjslative body or result ofa writtenorderfromthe public entitytovacateiseligjblefnrrelo- bead of state agency for approval. Copies shall be available to the public cation assistance and benefits if the order to vacate is related to a plan to upon request. demolish, rehabilitate or change the use of such units, (2) General notice of the plan sball be provided, Notice sball be de- Nore Authority ci",d, Section 50460. Health and Safety Code. Reference, Sec- sigoed to reacb the occupants of the property; it sball be in accordance non 726O(c), Government Code, with the provisions of paragraph 6O46(aX3) and subsection6O46(b); and IiISTORY it shall be provided 30 days prior to submission to.the locallegjslative I. Amendment of sectioo and oew NOTE filed 8-12-97; operative 9-11-97 (Reg- body or head of state agency for approval. ister97,No.33). (f) Any displaced person or interested organization may petitioo the department to review the relocation plan required to be submitted by the § 6036. Rehabilitation and Demolition. displacing agency, The department shall review the plan in accordance If a ¡;ublic entityuodertakes a rehabilitation or demolition program and with the time constraints and the procedures estJlblished in Article 5, as a result a person or business is displaced from privately owned proper- Nore Authonty cited: Sectioo 50460. Health and Safety Code. Reference, Sec- ty. the ¡;ublic entity sball provide assistance and benefits, If a person or tions 7260,5 and 7261. Governmeot Code. business is displaced by sucb an undenaking from property acquired by HISTORV a public entity, the ¡;ublic entity sball provide assistance and benefits. I. Ameodmeot of subsection (c) flied 1-28-77 as procedural and orgaoizatiooal: Nore Authority ci",d, Sectioo 50460, Health and Safety Code. Reference, Sec- effective upoo filing (Reg>ster 77, No, 5), tion 726O(c). Governmeot Code, 2. Amendment of subsections (a) and (cHe)(!). oew subsection (f) and new HtSTORY NOTE flled 8-12-97: operative 9-11-97 (Regis",r97. No, 33). I, Amendment of section beading and section and oew NOTE flied 8-12-97: op- erativc 9-11-97 (Regis",r 97, No. 33), § 6040. Minimum Requirements of Relocation Assistance Advisory Program. § 6038. Relocation Plan. (a) Each relocation assistance advisory program undertaken pursuant (a) As soon as possible following the initiation of negotiations and to this Article shall include. at a minimum. such measures. facilities or priono proceeding with any phase of a project or other activity that will services as may be necessary or appropriate in order to: result in displacement a public entity shall prepare aRelocation Plan and (I) Fully infOnD eligjble persons under this Article within 60 days fol- submit it for approval to the local legislative body. orin the case ofastJlte lowing the initiation of negotiations but not later than the close of escrow agency, the head of the agency. When the public entity's action will only on the property. for a parcel as to the availability of relocation benefits result in an insignificant amount of non-residential displacement orresi- and assistance and the eligibility requirements therefor. as well as the dential displacement will not exceed 15 households. a displacing entity procedures for obtaining sucb benefits and assistance. in accordance with shall provide benefits as required by these Guidelines and state Reloca- the requirements of section 6046, For projects by private parties with an tion Law without compliance with this section, agreement with a public entity. the "initiation of negotiations" shall be (b) A Relocation Plan sball include the following: the laterofthe date of acquisition or the date of the written agreement be- (1) A diagrammatic sketch of the project area. tween the private entity and the public entity for purposes of acquiring (2) Projected dates of displacement. or developing the propeny for the project. (3) A written analysis of the aggregate relocation needs of all persons (2) Determine the extent of the need of each such eligible person for to be displaced (as required by section 6048) and a detailed explanation relocation assistance in accordance with the requirements of section as to how these needs are to be meL 6048. (4) A written analysis of relocation housing reSOUI<es (as required by (3) Assure eligible persons that within a reasonable period of time section 6052). prior to displacement there will be available comparable replacement (5) A detailed description of the relocation advisory services program. housing. meeting the criteria described in section 6OO8(c), sufficient in including specific procedures for locating and referring eligible persons number and kind for and available to such eligible persons. to comparable replacement housing. (4) Provide cUIrent and continuing information on the availability, (6) A description of the relocation payments to be made (pursuant to prices. and rentals of comparable sales and rental housing. and of compa- Article 3) and a plan for disbursement. rable commercial propenies and locations, and as to security deposits. (7) A cost estimate for carrying out the plan and identification of the . closing costs. typical down payments. interest rates. and terms for resi- source of the necessary funds, dential propeny in the area. (8) A detailed plan by which any last reson housing (as described in (5) Assist each eligible person to complete applications for payments section 6054 and Anicle 4) is to be built and fInanced, and benefits. (9) A standard information stJltement to be sent to all persons tobedis- (6) Assist each eligible. displaced person to obtain and move toacom- placed (as required by section 6046). parable replacement dwelling. (10) Temporary relocation plans, if any, Only adequate inspection will insure that a parcicular uoit meets this (II) A description of relocation office operation procedures, standard. If a displaced person occupies a unit to which he is referred by (12) Plans for citizen panicipation, the public entity and the unit does nol satisfy the comparable replacement (13) AD enumeration of the coordination activities undenaken (pur- dwelling standard. the public entity has not fulfilled its obligation to assist suant to section 6052). the displaced person to obtain such a dwelling, Whenever this occurs the (14) The comments of the relocation committee. if any (pursuant to puhlic entity shall offertolocate such adwelling for the displaced person section 6012). and to pay again all moving and related expenses, If the displaced person (15)A written determination by the public entity that the necessary re- chooses oot to move from the unit that he occupied following referral. the sources will be available as required, public entity shall not assen that he is ineligible to receive relocation as- (c) A Plan prepared by a local public entity shall be consistent with the sistance and benefits on the basis of that unit's failure to satisfy the com. local housing element. parable replacement dwelling standard. (d) In the event of delay of more than one year in the implementation (7) Assist each eligible person displaced from his business or farm op- of the relocation program. the plan shall be updated priortoimplementa- eration in obtaining and becoming established in a suitJlble replacement lion of that program, location. Page26S /I -13 ..,..,97. No." ...t>-97 _.. ,.. -... § 6042 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 (8) Provide any services required to insure that the relocation process (I) \\-ben displacement is necessitated by a major disaster as deemed does not result in different or separate treatment on account of race. color. in Soctioo 102(2) of the Hazard Mitigation and Relocation Assistance religion. natiooal origin. sex. marital status. familial status. or any basis Act of 1993 (42 U.S.c. 5121) and/or the California Natural Disaster As- pro;;'cted by state or federal anti-<iiscriminatioo laws. or any other arbi- sistance Act. crary ci:<umstances, (2) During periods of declared natiooal or state emergency. (9)Supplytosucb eligible persons infonnation conceming federal and No-æ Authority cited: Section 50460. Health and Safety Code. Reference: Sec- state housing programs. disaster loan and other programs administered tions 7260.5. 7261 aDd 7264.5. Gov'mmeot Coo." by the Small Business Administration. and other federal or state pro- HlsJORY grams. offering assistance to displaced persons. t. Amendmeotof subsections (0) aDd (e)(I) and oew No1Efùed 8-12-97: Opem. (10) Provide other advisory assistance to eligible persoos in order to tive 9-11-97 (Register 97. No, 33), minimize their hardships. It is recommended that. as needed. such assis- § 6044. Temporary Move. tance include counseling and referrals with regard to housing. fmancing. (a) General, employment. training. bealth and welfare. as well as other assistance, (I) A public entity shall be required to minimize to the greatest extent (II) Inform all persons who are expected to be displaced about the feasible the use of temporary relocatioo resou:<es (as deemed in sectioo eviction policies to be pursued in carrying out the project. which policies 6042) but. when a project plan anticipates moves back into completed shall be in accordance with the provisions of section 5058. project accommodations. temporary relocation resou:<es may be used, (b) Relocation Office. at the displaced person's election for a limited period of time, When a substantial number of persons will be displaced and the reloca- (2) Temporary relocation does not diminish the responsibility of the tion staff's office is not easily accessible to those persons, a displacing pubic entity to provide relocation assistance. services and benefits de- entity is encouraged to establish at least one appropriately equipped site signed to achieve petmanent relocation of displaced persons intocompa- office which is accessible to all the area residents who may be displaced rable replacement dwellings, and is staffed with trained or experienced relocation personnel. Office (b) Requirements, hours should be scheduled to accommodate persons unable to visit the of- (I) Temporary replacement housing may not be relied upon if compa- fice during normal business hours, rahle replacement housing will not be available to the displaced persoo (c) Each displacing entity shall establish and maintain a formal griev- within 12 months of the date of the temporary move. ance procedure for use by displaced persons seeking admin.istrative re- (2) Prior to the move. the public entity shall have determined and have view of the entity's determinatioos, The procedure shall be in accordance provided written assurance to each displaced persoo that: with the requirements of Article 5. (A) Comparable replacement housing will be made availahle at the No-æ Authority cited: Sectioo 50460, Health aDd Safety Code. Refereoce: Sec- earliest possible time but in any event no later than 12 months from the tioos 7260,5 aDd 7261. Gov'mmeot Code. date of the move to temporary housing, Temporarily housed persons may HISJORY agree to extend the 12mooth limitation but. if they do not. the publicenti- 1. Amendment of subsections (a)(l) aDd (0)(8) aDd new No1Efùed 8-12-97: op. ty shall ensure that comparable replacement dwellings are available with- move 9-tl-97 (Register 97, No. 33), in the 12 month period. (B) Comparable replacement housing will be made available. on a § 6042. Replecement Housing Prior to Displacement; priority basis. to the individual or family who bas been temporarily re- housed, Notices to Displaced Persons. (C) The move to temporary housing will not affect a claimant's eligi- (a) Noeligible person shall be required to move frombis dwelling un- bility for a replacement housing payment nor deprive him of the same less within areasonahle period of time priortodisplacementcomparahle choice of replacementbousing units that would have been made available replacement dwellings (as deemed in subsection 6008(c» or, in the case had the temporary move not been made and the costs of a temporary move of a temporary move (as defined in sectioo 6044). adequate replacement will not be coosidered as all or a part of the relocatien payments to which dwellings (as derIDed in subsection (b) below) are available to such per- a displaced persoo is entitled, soo. (D) If a project plan anticipates moves back into replacement housing (b) The criteria for adequate replacement dwellings are in all respects accommodations in the project or program area. the persoo wbobasbeen identical to those for comparable replacement dwellings. except that an temporarily displaced will be given priority opponunity to obtain such adequate replacement dwelling. with respect to the number of rooms. housing accommodations, habitable living space and type of coostruction.needbe only adequate not (E) The public entity will pay all costs in connectien with the move to comparable. temporary housing. including increased housing costs, (c) Reasonable Offer of Replacement Housing, The requirements of this section sball be deemed tobave been satisfied § 6046. Informational Program. if a persoo is offered and refuses without justification reasonable choices (a) Basic Requiremeots, of specifically identified comparable replacement dwellings which fully The displacing entity shall establish and maintain an information pro- satisfy the criteria set forth in the Guidelines, The offers shall be in writ- gram that provides for the following: ing. in a language understood by the displaced person, The number of of- (I) Preparation and distributien of informatienal material as early as fers determined to be reasonable should be oot less than three. practicable. to each occupant of the property, This material shall be dis- (d) Notice, tributed within 60 days following the initiatien ofnegotiatioos (see para- Noeligible person occupying property shall be required to move from graph 6O4O(a)(I)) and not less than 90 days in advance of displacement a dwelling or 10 move a business or farm operation. without at least 90 except for those situalioos described in subsection 6O42(e), Where apo days written notice from the public entity requiring the displacements. propriate, separate informational statements shall be prepared for resi- Public entities sball notify each individual tenant to be displaced as well dential and for non-residential occupants. as each owner-occupant. (These requirements are in additioo to those (2) Cooducting persenal interviews and maintaining personal contacts centained in sections 6040 and 6046.) with occupants of the property to the maximum extent practicable, (e) Waiver, (3) Utilizing meetings. newsletters. and other mecharusms. including The requirement in subsection (a) above may be waived only wben im- local media available to all persons. f orkeeping occupants of the property mediate possessien Ðf real property is of crucial importance and by ene informed 00 acontinuing basis, The criterien forselectingamong various of the following ci:<umstances: altematives shall be the likelihood of actually communicating ÌDforma- Page 266 A -I <I- 0.,;.,97,No.3,,"-I>-97 -. ... -..- Title 25 Department of Housing and Community Development Programs § 6052 tion to such persens. Legal publications. legal ads in local newspapers of rooms and bedrooms. the amount of habitable living space. and locational general circulation and similar means which may go unnoticed are factors including among others public utilities, public and commercial deemed to be inadequate. facilities (including transportation and schoois) and neighbOIbood condi- (b) Language. Informatienal material should be prepared in the lan- tions (including munici pal services), Othermatters that concem a house- guage(s) most easily understood by the recipients, In displacement areas hold as its members contemplate relocation should also be included. wbere there are significant cencentratiens of persons who do not read, (d) A written analysis of relocation housing needs shall be prepared. write, or understand English fluently. the native language of the people It shall be prepared in sufficient detail to enable detetminatien of the should be used and all infOImational material should be provided in the availability for all potential displaces of housing wlllch meets the stan- native language(s) and English. danls set forth in the defInicion of comparable replacement housing, The (c) Method of Delivery. To assure receipt of the informational materi- infonnation concerning home ownersbip and rental units sball be pro- al. the local agency should arrange tohave the materialeitherband-deliv- vided separately, The number of units needed shall be identified by cost ered toeacb occupant of the property with a request for a written receipt, foreacb size category, The needs of elderly andbandicappedhousebolds or sent by cenified mail. retum receipt requested. shall be shown separately and shall include information on the number (d) General and Specific Information. In addition to disseminating of such households requiring special facilities and the nature of such faci- general information of the type described in this section. the displacing lities, entity shall also provide each person with individual. written notification The statement of relocation housing needs shall include a descriptien as soon as his eligibility status has been established. of the locational characteristics of the displacement areaneighbOIbooðs (e) Content of Informational Statement. Attachment A identifies the corresponding to the requirements of comparable replacement housing, kinds of information required to be included in statements distributed to Infonnation shall be provided concerning proximity to present employ- occupants of the property. The figure lists minimum requirements. The ment sources. medical and recreational facilities, parlcs. community cen- displacing entity should include any additional infonnation that it be- ters. shopping. transportation and scbools,lnfonnationconcerning prox- lieves would be helpful. (See Attachment A,) imity to other relevant needs and amenities is essential to ensuring that No"" Authority cited: Section SO460. Health aod Safety Code, Refereoco: Sec- no residents are incapacitated hy the relocation and such information also tioos 72ro. 7260,5 and 7261. Government Code. should be provided. HISTORY 1. Amendmeot of subsection (a)(t) med 11-5-76", ao emergeocy; desigoated § 6050. Failure to Conduct Timely and Effective Survey. effective 11-27-76 (Register 76, No. 44), 2. Ceroficate ofCompliaoce mod 2-16-77 (Register 77. No, 8), When a survey is not conducted in a timely and effective manner. the 3. Amendment of ,ubsection (a)(l) aod new NO7E filed S-t2-97; operative public entity shall be obligated to make every effort to locate all eligible 9-1'-97 (Regis1er97,No. 33), persons who have moved so that theirneedscan be included in the survey and the impact on the housing stock in the community can be more accu- § 6048. Survey and Analysis of Relocation Needs. rately deletmined. The public entity shall offer such persons all reloca- (a) (I) Requirement. Immediately following the initiation of negoti- tion assistance and benefits for which they otherwise qualify and. in addi- ations interview all eligible persens. business concems, including non- tion. shall compensate such persons for all costs occasioned by the profit organizations. and farm operations to obtain information upon entity's failure to provide timely notice and offers of relocatien assis- which to plan for housing and other accommodations. as well as counsel- tance and benefits. ing and assistance needs, (2) Coordination with Other Agencies, Other agencies may also be § 6052. Survey and Analysis of AvaIlable Relocation conducting surveys in the area at the same time, CooIdination will benec- Resources. essary to avoid duplication and to ensure that necessary infonnation is (a) (I)Toenable a public eotity reasonably todetetmine that the requi- available at the appropriate time. Surveys utilized to gatherdataforsocial site comparable replacement dwellings will be available, the public enti- service refem.!s should be planned in cooperation with social service ty, within 60 days following the initiation of negotiations. shall initiate agencies and a refem.! system should be established, a survey and analysis of available comparable relocation resources. (3) Infonnation to Persons to Be Displaced, The local agency shall If a receot survey that provides the infonnation identified in this sec- carefully explain and discuss fully with each person interviewed the pur- tion is not available, the public entity shall cenduct a survey and analysis pose of the survey and the nature and extent of relocation payments and ofthehousingmarlcet. If a recent survey is available, but itdoes notreflect assistance that will be made available, All persons shall be advised and more recent. significant changes in housing market conditions. the sur- encout1lged to visit the relocation office for information and assistance. vey shall be updated or it shall not be relied upon. (4) Relocation Records, Based on information obtained during the sur- (2) When more than 15 households will be displaced, survey results veyand other sources as applicable, the local agency shall prepare and shall be submitted for review to local housing, development and planning maintain an accurate relocatien record for each person to be displaced, agencies and shall be compared to other existing infonnation 00 housing The recoId shall contain a description of the pertinent characteristics of availability. the persons to be displaced and the assistance deemed to be necessary. (3) The survey shall be updated at least annually. (b) The survey shall be by direct. personal interview. except where re- (b) The survey area shall be reasonably related to the displacement peated efforts indicate thatis not possible, When a person cannot be inter- area and to the needs and preferences of the persons to be displaced, as viewed or the interview does not produce the infonnatien to be obtained iodicated io the written analysis prepared pursuant to section 6048, The reasonable efforts shall be made to obtain the information by other survey area shall have relevant characteristics (see subsection 6008(c») means, Eligible persons should be encouraged to bring any change in which equal orexceed those of the neighbomood from which persons are theirneeds to the attention of relocation officials, The survey shall be up- to be displaced. dated at least annually, (c) A written analysis of relocation housing resources shall be pre- (c)A public entity shall endeavortoobtain the followinginfonnation: pared in sufficient detail to enable detennination of the availability for income; whether a person is elderly or handicapped: size of family; age all potential displacees of housing wlllch meets the standanls set forth in of children: location of job and factors limiting accessibility; area of pre- the definition of comparable replacemenl housing, The information con- ferred relocation; type of unit prefem:d: ownership or tenant preference: ceming homeownerslllp and rentaJ units sball be provided separately. need for social and public services, special schools and other services: The number of units available shall be identified by cast for each size eligibility for publicly assisted housing; and with refereoce to the present category. Resources available to meet the oeeds of elderly and handi- dwelling. the rent. the type and quality of construction. the number of capped households shall be shown separately and shall include informa- Page 267 /1-/ S ..~..,97.No,3H-l>-97 -.. ...- § 6054 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 tion on the number of units with special facilities and the narure of such housing will be available as required. the public entity may not proceed facilities. with any phase of a project or other activity which will result in displace- The analysis of resoun:es shall include a description of the locational ment unless it provides such housing, (See Micle 4,) characteristics of the survey area neighborhoods corresponding to the re- (c) !fthe action of a public entity bas resulted oris resulting in displace- quirements of comparable replacement bousing- Information shall be ment and comparable replacement bousingis no< available as needed. the provided concerning proximity to present employment sources (with the public entity shall use its funds. or funds authorized for the project to pro- consent of the displaced pel'on a potential employer may be substiruted), vide such housing (see Micle 4). or shall terminate or suspend further medical and recreational facilities, parks, community centers, shopping, implementation of the project activity in accordance with the provisions transportation and schools. Information concerning proximity to other of section 6018. relevant needs and amenities is essential to ensuring that residents are no< (d) Temporary relocation resources may be relied upon in the interim incapacitated by the relocation and such information should also be pro- only if the provisions of section 6004 are satisfied, vided. ~ 6056. Termination of Relocation Assistance. (d) (I) Units which do not satisfy the standards of comparable replace- ment housing, including the locational criteria, shall no< be counted as a A public entity's relocation obligations cease under the followingcir- relocation resoun:e. cuInStances: (2) Uncompleted new construction or rehabilitation shall not be in- (a) A displaced pel'on moves to a comparahle replacement dwelling cluded in the groos figure unless there is a substantiallikelibood that the and receives all assistance and payments to which he is entitled, units will be available when needed and at housing or rental coots within (b) The displaced pel'on moves to substandard housing. refuses rea- the fmancial means of the prospective occupants. sonable offel' of additional assistance in moving to a decent. safe and (3)Jnaddition to the other requirements of this section. the gross figure sanitary replacement dwelling and receives all payments to which he is representing the number of units available shall be discounted to reflect entitled, both concurrent displacement and the extent to which tumover is repre- (c) All reasonable efforts to !race a person have failed. To ensure that sented, Concurrent displacement by the federal government and its agen- the action of a public entity does no< reduce the housingsupply in critical cies, including federally-assisted projects, as well as displacement by categories or locations, unsuccessful efforts to !race a particular dis- other public entities shall be taken into account. Tumoveris the dynamic placed pel'on shall not lessen the obligation to provide last resort hous- operation by which occupancy changes occurwitbin a standing inventory ing, (See Micle 4.) over a period of time and theoretically could occur in the complete ab- (d) The business concem or farm operation has received all assistance sence of vacancies on a pel'on to person basis, The use of turnover for and payments to which it is entitled and has been successfully relocated relocation is no< permissible. The displacing entity shall assume that four or has ceased operations. percent of the rental and one percent of the ownel'hip units which meet (e) A pel'ondisplaced from his dwelling. business or farm refuses rea- the standards of comparable replacement dwellings (see section6OO8(c» sonable offel' of assistance. payments and comparable replacement represents rumover, The displacing entity shall use a higher pen:entage housing, figure if such figure is more accurate. The displacing entity may use a ~ 6058. Eviction. lower figure if it establishes that the lower figure is a more accurate as- (a) Eviction is permissible only as a last resort, It in no way affects the sumpuon, eligibility of evicted displaced pel'ons for relocation payments, Reloca- (4) Publicly subsidized housing, includiog public housing. shall not be tion records must be documented to reflect the specific cin:uInStances counted as a resource unless it reasonably can be established that: surrounding the eviction, (A) The units will be available when needed: (b) Eviction shall be undertaken only for one or more of!!>e following (B) The governmental body providing the subsidy has made, in writ- reasons: ing. a reasonably binding commiunent of assistaoce: aDd (I) Failure to pay rent. ex«pt in thooe cases where the failure to pay (C) The umts have been tnSpected and detemuned to be decent. safe is due to the lessor's failure to keep the prenrises in habitable conditioo. aDd SalUtary and the Income ceIlIngs, rent ranges aDd age restncttons. if . is the result of harassment or retaliatory action oris the result ofdisconti- aoy, have been ConSIdered".. nuation or substantial intenuption of services. (D)ThenumberofUDlts avaIlable m the co~UDltyexceedsthenum- (2) Performance of a dangerous, illegal act in the unit. berofhouseholds m need of the UDlts, ThIS reqUIrement maybe waived (3) Material breach of the rental agreement and failure to correct by the depanmentifthe public entity cao establish thatsuch units will be breach within 30 days of notice. replaced by last resort housmg wlthm two years, Toestabbsh that last re- (4) Maintenaoce of anuisaoce and failure to abate within a reasonable sorthousingwill be developed as required the public entity must have site time following notice, control wIth pent11SSlve zorung, preltmmary plaos aDd condtuonal com- (5) Refusal to accept one of a reasonable number of offel' of replace- nriunents for subsidy and fmaocing or the equivalent. The public entity ment dwellings, also must tdentify ownership., ,.",. (6) The eviction is required by State or local law aDd cannot be pre- (e) Uncompleted new constructton or rehablbtatton whIch IS subsl- vented by reasonable efforts on the part of the public entity. dized by public funds sball not be counted as a relocation resource unless the units are being subsidized to provide relocation resources, ~ 6060. Evaluetlon of Relocation. No,"", Authority ciled, Section SO46O, Health and Safety Code, Reference: Sec- (a) A public entity is encouraged toevaluate its relocation program. as- tions 72605 ond 7261. Govemmeot Code, sessing the quality aDd quaotity of services provided as well as displacee HtSTORY satisfaction. to determine the adequacy of program planning and to ascer- I. Amendment of subsections (a)(l) ROd (a)(2).correctioo ofsubseclion (e) desig- tain whether aoy persoos have been denied the full benefits aDd services nator. andoew Non:ftkd &-12-97: operative 9-11-97 (Rogisler 97. No. 33), to which they are entitled, The evaluation should be based upon an annual or continual inspection of files and records. case interviews, and inspec- ~ 6054. Last Resort Housing. tion of replacement housing and business aDd farm replacement locations (a) No eligible person shall be required to move from his dwelling be- aDd discussions with local individuals or organizations familiar with re- cause of the action of a public entity unless comparable replacement location issues. A written evaluation should be prepared at least annua11y, housing is available to him, (b) The mes and records of displaced persons and property ownel' (b) If on the basis of its survey aodaoalysis of relocation needs aDd re- should be selected at raodom. The review should include aoy cases that sources a public entity cannot determine that comparable replacement were identified by previous monitoring as requiring corrective action and Page 268 A-!Þ R..i~,", No," 1-1>-., Title 25 Department of Housing and Community Development Programs § 6090 sbould assess the public enuty's progress in taking correcuve actioo. (13) The impact on those segments of the bousing market se:ving the Both relocation and acquisition activities should be covered by the re- income groups displaced. vIew. (1) The relocation sample should include cases in which all payments Article 3. Relocation Payments bave been compleæd and cases in which the per>on has been displaced but all payments have not yet been made. The sample sbould provide a § 6080. Purpose- basis for the reviewer to determine not only whether payments were com- The purpose of this Anicle is to set forth the types of. and specific elig;- puæd properly and made prom¡:dy. but also whether displaced per>ons received proper notice of the full range of relocation assistance and ser- bility criteria for. relocation payments to displaced persoos, Basic elig;- vices to which they areenutled, Priority atænuonshould be g;ven to cases bilityconditioos are set forth in section 6084, Specific conditions relating in which a grievance has been fIled or the agency has determined that a to particular payments are described in later secuons. per>oo is inelig;ble for relocatioo benefits. § 6082. Relocation Payments by Public Entlty. (2) The acquisitioo sample should be based on cases in which settle- A public entity shall make relocatioo payments to or on behalf of elig;- menthas beencompleæd. However. if necessary to provide a representa- ble displaced per>ons in accordance with and to the full extent permitted tive sample of acquisition activities. the reviewer sbould include incom- by this Anicle, The obligations described in this Atticle are in addiuon plete transactions in which negotiations have been initiated, to those in Atticle 6. (c) After the records and ftles have beettreviewed, thereviewershould § 6084. Basic Eligibility ConditIons. select cases for further evaluation through per>onal inte:views with dis- placed per>ons andlorowner> and the inspection of housing to which per- A per>onestablishes basic elig;bility for relocation payments ifhe sat- SOIlS have moved. The inte:views and housing inspections sbould se:ve isfies the conditions described in secuon 6034. A per>on who moves from real property or who moves his per>onal property from real property be. both to spot check the accuracy of the infortttation obtained in the exami- cause he will be displaced from other real property on which he conducts nation of the records and files and g;ve the reviewer a better per>pective a business or fann operatiOIl. establishes elig;bility on the basis of the on the agency's performance, The number and type of cases for wmch inte:views and housing in- move from such otherpropeny ooly for payments made pur>uant to sec- SpeCtiOIlS are to be carried out should reflect the reviewer's judgment tion 6090, based on the information he has just reviewed, Generally, an inte:view § 6086. Notice of Intent to Displace. and inspection should be carried out for at least one of every five cases A public entity tttay issue a written Notice of Intent to Displace at any for which the fIles and records have been reviewed. Only where thenum- time after forming a reasonable expectatiOIl of acquiting real property. ber of per>ons displaced is less than 25 should the number of inte:views Such a notice, by establishing eligibility prior to acquisition, will enable and inspections be less than 10, In no case should the number of inter- a public entity to respond to hardship and other situations, views and inspections be lower than the lesser of five and the number of § 6088. Filing of Claims; Submission of Tax Returns. persOIlS displaced. To the extent possible. the inte:views should cover a representative cross section of the types of cases in the agency's work- All claims filed with the public entity shall be subttÚtted within eigh- load: e.g.. relocation cases involving families of various sizes as well as teen months of the dare on which the claimant receives fmal payment for individuals and business concerns (including both owner> and tenants), the property or the date on which he moves. whichever is later, The dis- and acquisitioo transactions involving residential. commen:ial and in- placing entity tttay extend this period upon a proper showing of good dustrial properties, cause. (d) In addition to the above, the following factor> are amOIlg those Except where specifically provided otherwise a claimant shall not be which should be considered: required to subttÚt a copy of his tax retums in suPPO" of a claim forrelo- (I) The effectiveness of effons to provide relocation se:vices to dis- caUon payments. placed persons. including timeliness of notice and correctness of elig;bil- § 6090. Actual Reasonable Moving Expenses. ity determinations, (a) General, A public entity shall make a payment toadisplaced persOIl (2) The satisfactiOIl of relocated families. individuals and business who satisfies the pertinent elig;bility requiremeots of section 6084 and concerns in their new locations, the requirements of this section. for actUal reasonable expeoses specified (3) The extent to which self-moves tosubstandatd housing have been below and subject to the limitauOIlS set forth in SUbseCtiOIl (c) of this sec- ttÚnimized, tion formovinghimself, his family, business. fann operatiOIl orotherper- (4) The effectiveness of efforts to provide relocation se:vices to busi- sonal property, In all cases the amount of a payment shall not exceed the ness COIlcems. including counseling services and SBA loans to aid in reasonable cost of accomplishing the activity in connection with which their reestablishment. a claim has been fIled, (5) The promptness of processing claims and the making of payments, The moving and related expenses for which claims tttay be filed shall including the amounts, delivery. and use of relocation payments, include: (6) The number and tttagnitude of rent increases followingacquisiuon (I) TranspolÜtiOIl of per>ons and property not to exceed a distance of and displacement. 50 ttÚles from the site from which displaced. except where relocation be- (7) The effectiveness of methods used to resolve difficulties experi- yond such distance of 50 miles is justified: enced by site occupants. (2) Packing. crating. unpacking and uncrating personal property: (8) The effectiveness of the public entity's grievance procedures, (3) Such storage ofper>onal property. for a period generally not toex- (9) The extent of resident involvement in planning the relocation pro- ceed 12months. as determinedby the public entitytobenecessary incon- gram. nection with relocation: (IO)Theeffectiveness in assutingequal opportunity fordisplaced per- (4) Insurance of persOIlai property while io storage or transit: and SOIlS and in reducing patterns of minority-group concentration, (5) The reasonable replacement value of property lost, stolen or dam- (II) The effectiveness of relocation in upgrading the housing and aged (not through the fault or negligence of the displaced person. his overall environmental conditions of per>ons displaced. agent. or employee) in the process of moving. where insurance covering (12) The effectiveness of the social service program, including coun- such loss. theft or damage is not reasonably available. seling services, in helping residents adjust to relocation and in helping (6) The cost of disconnecting. dismantling. removing, reassembling. solve individual and fattÚly problems, reconnecting and reinstalling machinery. equipmeot or other per>onal Page 269 /i-/7 "o'...".No.)),'-'>-" -. , - --- § 6090 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 property (including goods and inventory kept for sale) not acquired by operatioo shall be supported by competitive bids in such number as are the public entiry, including connection charges imposed by I"hlic utili- practical, If the public entity detennines that compliance with the bid ro- ties for starting utility service. quirement is impractical or if estimates in an amount of less than S1.000 (b) Actual Reasooable Moving Expenses-Displaced Business Con- are obtained. a claim may be supported by estimates in lieu ofbids. cerns and Farm Operations, (h) Whenever a public entity must pay the actual cost of moving adis- 10 addition to those compensable expenses set forth in subsection (a) placed persoo the costs of such move sball be exempt from regulation by of this section. a displaced business concern or farm operatioo may file the Public Utilities Commissioo as provided by section 7262(e) of the a claim for the following moving and related expenses: Act, The public entity may solicit competitive bids from qualified bidders (I) The cost, directly related to displacement of medifying the machin- forpelformance of the work. Bids submitted inrespoose to such solidta- ery. equipment, or other personal property to adapt it to the replacement tions shall be exempt from regulation by the Public Utilities Commission, location or to utilities available at the replacement location ormedifying (i)(l) Reestablishment Expenses, 10 addition to moving expense pay- the power supply, ments, a farm. nonprofit organization orsmal1 husiness of not more than (2) Claims for payment under this subsectionshall be subject to the fol- 500 employees, shall be entitled to actual and reasonable reestablishment lowing limitatioos: expenses, not to exceed $10,000,00, Reestablishment expenses shall be (A) Reimbursable costs shall be reasooable in amount. only those expenses that are reasooable and necessary and include. but (B) The cost could not be avoided or substantially reduced at an alter- are not l.imited to: nate available and suitable site to which the business was refelred. (A) Repairs or improvements to the replacement property as required (3) The cost of any license, permit or certification required hy a dis- by Federal, State or local law, cede or ordinance. placed business concem to the extent such cost is necessary to the rees- (B) Medificatioos to the replacement property to accommedate the tablishment of its operation at a new location. business operation or make replacement structures suitable forconduct- (4) The reasonable costOf any professional services (including but nO( ing the business, limited to. "",hitects', attomeys' or engineers' fees. or consultants' (C) Construction and installation costs forexteriorsigningtoadvertise charges) necessary for planning the move of personal property, moving the business. the personal property, or installation of relocated personal property at the (D) Provision of utilities from right-of-way to improvements on the replacement site, replacement site, (5) Where an item of personal property which is used in connection (E) Redecoration or replacement of soiled or wom sulfaces at the re- with any business or farm operatioo is not moved but is replaced with a placement site. such as paint, panelling or carpeting. comparable item. reimbursement in an amount nO( to exceed (I) the re- (F) Licenses. fees and permits when not paid as part of moving ex- placement cost. minus any net proceeds received from its sale. or (2) the penses, estimated cost of moving. whichever is less, (G) Feasibility surveys, soil testing and marketing studies, (c) Advance Payments, A displaced person may be paid for his antici- (H) Advertisement of replacement location, pated moving expenses in advance of the actual move, A public entity (I) Professiooal services in connectioo with the purchase or lease of a shall provide advance payment whenever later payment would result in replacement site. fmancialhardship, Particularconsideratioo shall be given to the fmancial (J) Estimated increased costs of operation during the first 2 yean at the limitations and difficulties experienced by low and mederate income per- replacement site for such items as: soos and small fann and business operations. 1. Lease or rental charges. (d) The specific provisions contained in this section are not intended 2. Personal or real property taxes, to preclude a public entity's reliance upon other reasonable means of ef- 3. losurance premiums. and fecting a move. including contracting moves and arranging for assign- 4. Utility charges, excluding impact fees. ment of moving expense payments by displaced persoos. (K) Impact fees or one-time assessments for anticipated heavy usage. (e) Self-moves, Without documentation of moving expenses actually (L) Other items essential to the reestablishment of the business, incutTed. a displaced person electing to self-move may submit a claim (M) For purposes of this subsection the tenn "small business" shall for his moving expenses to the public entity in an amount not to exceed mean a business having not more than 500 employees working at the site an acceptable low bid or an amount acceptable to the displacing entity, being acquired or displaced by a program or project. which site is the 10- (I) Persooal Property of Low Value and High Bulk-Business orFarm catioo of economic activity, Sites occupied solely by outdoor advertising Operation. Where, in the judgment of the public entity. the cost of moving signs, displays. ordevicesdonotqualify as a small business for purposes any item of personal property of low value and high bulk which is used of this subsection, in connection with any business or farm operation would be dispropor- (2)loeligible expenses, The following is anonexclusive listingofrees- tionate in relation to its value, the allowable reimbursement for the ex- tablishment expenditures not considered to be reasonable, necessary, or pense of moving such property shall nO( exceed the difference between otherwise eligible: the cost of replacing the same with a comparable item available 00 the (A) Purchase of capital assets. such as. office furniture. filing cabinets. market and the amount which would have been received forsuch proper- machinery. or trade fixtures, ty on liquidation, This provision may in appropriate situatioos be applied (B) Purchase of manufacturing materials, preduction supplies. prod- to claims involving the moving of junkyards, stockpiles. sand, gravel, uctinventory. orotheritems used in the normal coorse of the business op- minerals, metals and similar property, eration, (g) Documentatioo in Support of a Claim. (C) loterior or exterior refurbishments at the replacement site which (1) General, Except in the case of a displaced personconductinga self- are for aesthetic purposes. except as provided in paragraph (iXIXE) of move as provided in subsection (e) above, a claim for a payment under this section. thissectioo shall be supported by a bill or other evidence of expenses in- (D) loterest on mooeyborrowed tomalœ the move or purchase the re- culred. By prearrangement between the public entity. the site occupant. placement property, and the mover, evidenced in writing. the claimant orthe mover may pres- (E) Payment to a part-time business in the home which does nO( coo- ent an unpaid moving bill to the public entity. and the public entity may tribute materially to the hoosehold income, pay the mover directly, Nom Authority cited: Sectioo 50460. Health and Safety Code, Reference: Sec- (2) Business and Fann Operatioos, Each claim in excess of$1.000 for tion 7262(0)(4), Government Code, the costs incutTed by a displaced person for moving his business or farm Page 270 A-I<l ".;~,97,No, "'-1>-97 _.. .' . TItle 25 Department or Housing and Community Development Programs § 6100 HISTORY 2, Certificate of Compliance filed 2-t6-77 (R<gi"", 77. So. 8). I. Amendmeot ofsecuon and new SoTEfiled 8-12-97; operauve 9-11-97 (Reg- ], Amendmeot of secuon and new NOTE filed 8-12-97; operauve 9-11-97 (Reg. isler97.So,33). >Ster 97. So, 33), § 6092- Actual Direct Losses of Tangible Personal § 6100. Alternate Payments-Businesses and Farm Property- OperatIons. (a) General. A public entitysball make apaymenttoadisplaced person (a) General, who satisfies the eligibility requirements of section 6090 and this section. (I)A person whois displaced from his place of business or farm opera- for actual direct losses of tangible personal property as a result of moving tion and is eligible for payments under sections 6090. 6092. 6094. or or discontinuing a business or farm operation. in an amount determined 6096. and complies with the requirements of this section. mayelecttore. by the public entity to be in accordance with the provisions of this section, ceive and sball be paid. in lieu of such payments. a payment equal to the (b) Determining Actual Direct Loss of Property, Actual direct lœs of average annual net earnmgs of the business or farm operation (but not in- property shall be detennined on the basis of the lesser of the following; cluding a business as described in section 6096) as detennined in accor- (I) The fair market value of the property for continued use at its loca- dance with subsection (b) below. except that such payment shall be not tion priorto displacement. less than 5 t.()()() nor more than 520.000. For pUlposeS of this section. the (2) The estimated reasonable costs of relocating the property, dollar limitation specifted in the preceding sentence shall apply to a The public entity may require that the owner first make a bona fide ef- singJe business. regaroless of whether it is carried on under one or more fort to sell the property orit may permit the owner not to do so, The pro- legal entities, ceeds realized from any sale of all orpart of the property shall be deducted (2) Lœs of Goodwill. When payment under this section will precede from the determination ofloss, In calculating payment under this section settlement of aclaimforcompensation forlœs of goodwill underthe Em- the reasonable cost of an effon to sell shall be added to the determination inent Domain Law. the ¡>1blic entity before tendering payment shall state ofloss. in writing what ponion of the payment. if any, is considered to be com. (c) Documentation to Suppon Oaim. A claim for payment hereunder pensation for loss of goodwill and shall explain in writing that any pay- shall be supponed by written evidence oflœs which may include apprais- ment made pursuant to Code of Civil Procedure, Sections 1263,510 er also cenified prices. bills of sale. receipts. cancelled checks. copies of ad- seq. (the Eminent Domain Law. Cbapter 9. Article Ó-"Compensation venisementS, offers to sell. auction recotds. and other recOtds appropri- for Loss of Goodwill") will be reduced in the same amount. The ponion ate to suppon the claim or the public entity may agree as to the value of considered to be compensation fOt lœs of goodwill shall not exceed the the propeny left in place. difference between the payment made under this section and an amount § 6094. Actual Reasonable Expenses In Searching for a which reasonably approximates the payments fOt which the displaced person otherwise would be eligible under Sections 6090. 6092. 6094. and Replacement Business or Farm- 6096. Failure to provide such wrinen statement and explanation shall A displaced person who satisfies the peninent eligibility requirements constitute a conclusive indication that no ponion of the payment is con- of section 6090 with respect to actual reasonable moving expenses. shall sidered to be compensation forloss of goodwill for the purpa;es of that be eligible fora payment in an amountnottoexceed 5 1.000. in searching ponion of the Code of Civil Procedure referenced above. for a replacement business or farm. including expeoses incurred for. (b) Requirements-Businesses, Payment shall not be made under this (a) Transponation; section unless the public entity deteIIl1ines that: (b) Meals and lodging away from home; (I) The business is not operated solely for rental purposes and cannot (c) Tune spent in se"",hing. based on the hourly wage rate of the salary be relocated without a substantial loss of its existing patronage. based on or earnmgs of the displaced person or his representative: and a consideration of all peninent citCumstances including such factors as (d) Fees paid to a real estate agent or broker to locate a replacement the type of business conducted. the nature of the clientele. the relativeim- business or faIIl1. ponance to the displaced business of its present and proposed location. No...., AuthorilY cited; Sectioo 50460. Health and Safely Code, Reference; Sec- and the availability of a suitable relocation site; lion 7262(a)(3). Government Code. (2) The business is not part of a commetCiai enteIprise having no more HISroRY 1, Amendment offlI'Sl paragraph and sub"","on (c) and new NOTE filed 8-12-97; than three (3) other establishments which are not being acquired for a operauve 9-11-97 (Register 97. No. 33), project and which is engaged in the sarne or similar business, Wheoever the sole remaining facility of a business which has been displaced from § 6096. Moving Expenses-Outdoor Advertising its principal location; Businesses. (A) Has been in operation for less than tWo years; A displaced person whoconductS a lawful activity primarily for assist- (B) Has had average annual gross receipts of less than $2.000 during ing in the purchase. sale. resale. manufacture. processing. or marketing the two taxable years prior to displacemeot of the major component of of products. commodities. personal propeny. or services by the erection the business: or and mainteoance of outdoor advenising displays is entitled to payment (C) Has had average annual net earnings of less than $ 1.000 during the for the reasooable cost of moving such displays or their in-place value. two taxable years prior to the displacemeot of the major componeot of whichever is lesser, the business, the remaining facility will not be considered another "estab- ~ 6098. Alternate Peymen_lndlvlduels and Femilies. lishment" for purposes of this sectioo; and (3) The displaced business: A person or family. who is displaced from a dwelling and is eligible (A) Had average annual gross receipts of at least $5.000 during the tWo for a payment for actual reasonable moving expenses uodersectioo 6090. taxabl. years prior to displacement; or 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 detenruned in accordance WIth estab- $1.000 during the two taxable years priorto displacement: or lished Federal Highway Administration schedules maintained by the (C) The displaced business contributed at least 33 1/3 percent of the California Department of Transportation, total gross income of the owne¡\s) during each of the two taxable years No...., Authority cited; SectIon 50460. Health and SafelY Code. Refereoce; Sec- prior to displacement. If in any case the ¡>1blic entity determines that the lion 7262(b), Government Code. two year period prior to displacement is not representative of average re- HISTORY ceiplS.eamings orincome. it may make use of a more representaUve pen- I. Amendmenl ofsubsection (a) filed tl-5-76 as an eme'Eency; desigoated of- fective 11-27-76 (RegiSter 76. No. 44), od, Page 271 A-19 "",..,97,No,3"-I>-97 -.. § 6102 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 CD) If the application of the above criteria creates an inequity orbard- of section 6084 and the condirions of subsection (b) of this section. a pay- ship. the displacing agency may use othercriteriaas pennittedin 49CFR ment not to exceed a combined total of $22.500 fo~ 24,306, (I)The amount. if any, which when added to the acquisition cost of the (c) Detenninaúon of Number of Businesses, dwelling acquired for the project equals the reasonable cost. as deter- In determining whether one or more legal enÚÚes, all of which have mined in accordance with subsection (c), of a comparable replacement been acquired, constitute a smgle business. the following factors among dwelling. This amount sball not exceed the difference between the acqui. others sball be considered: sition price of the acquired dwelling and the actual plrchase price of the (I) The extent to which the same premises and equipment are shared. replacement dwelling. excep< where a displaced person. in the circum- (2) The extent to which substanúally idenúcal or inúmately intetTe- stance described in paragraph 61O8(a)(I). is willing to use the extra lated business funcúons are plrsuedandbusiness and fmancial affairs are money to improve the condition of the dwelling. commingled. (2) The amount, if any. to compensate the displaced person for any in- (3) The extent towbicb such enriries are held QUito the public. and to creased interest costs. as determined in accordance with subsecrion (c), those customarily dealing with such entities, as one business. be is required to pay forfmancmg the acquisition of areplacementdwell- (4) The extent to which the same person or closely related pe"ons ing. The payment sball not be made unless the dwelling acquired by the own. control or manage the affain of the entities. public entity was encumbered by a bona fide mortgage which was a valid (d) Requirements-Farms, In the case of afarmoperation.nopayment lien on the dwellingfornotless than 180 days priortothe iniriation ofne- sball be made under this section unless the public entity determines that goúations for acquisiúon of such dwelling. (This time requirement may the farm met the defmition of a farm operation prior to its acquisition,lf be modified in accordance with the provisions ofsubsecúon (b) below.) the displacement is limited to only part of the farm operarion. the operator (3) Reasonable expenses. determined in accordance with subsecrion will be considered to have been displaced from a farm operation if: the (c) of this secrion. incurred by the displaced person incident to the plr- part taken met the defmition of a farm operation prior to the taking and chase of the replacement dwelling. the taking caused such a substantial change in the nature of the existing (4) In accordance with section 6108. the cost of rehabilitating adwell- farm operation as to constitute a displacement. ing which does not satisfy the decent. safe and sanitary standard, (e) Requirements-Nonprofit Organizarions, In the case of anonprof- (b) Eligibility Conditions. it organization. n.D payment sball be made under this section unless the (I)A displaced person is eligible forpaymentunderthis section if such public enrity determines that: person: (I) The nonprofit organization cannot be relocated without a substan- (A) Is displaced from a dwelling that is acquired: tialloss of its existing patronage (the term "existing patronage" as used (B) Has actually owned and occupied such dwelling for not less than in connection with a nonprofit organizarion includes the membership. 180 days prior to the initiation of negotiations for its acquisition: and persons. community, or clientele served or affected by the activities of (C) Purchases and occupies a replacement dwelling within one year the nonprofit organizarion); and subsequent to the date on which he received fmal payment from the pub- (2) The nonprofit organization is not a part of an enterprise having lic entity of all costs of the acquired dwelling or the date on which be more than three (3) otberestablishments not being acquired which is en- moves from the acquired dwelling. whichever is later. gaged in the same or similar acrivity. (2) If an ownersarisfies all but the 180 day requirement and can estab- (f) Net Earnings, The term "average annual net earnings" as used in lish to the satisfaction of the public entity that he bought the dwellingwith this section means one-half of any net earnings of the business or farm the intention of making it his place of resideoce. that the move was not operation, before federal and state income taxes, during the two (2) tax- motivated by a desire to receive relocation assistance and benefits, and able years immediately preceding the taxable year in which the business that he neither knew nor should have known that public acquisition was orfarm operntionmoves from the real propeny acquired for such project, inteoded the plblic entity may reduce the requirement as necessary. orduring such otberperiod as the head of the public eotity detennioes to (3) Where for reasons beyond the control of the displaced pe"oncom- be more equitable for establishing such earnings. and includes any com- pletion of construction, rehabilitation, or relocatioo of a replacement pensationpaid by the business or farm operation to the owner,bis spouse dwelling is delayed beyond the date by which occupancy is required. the or bis dependents during such period. The term "owner" as used in this public entity shall determine the date of occupancy to be the date the dis- secrioo includes the sole proprietor in a sole proprieto"bip. the principal placed person enters into a cootract forsuch coostruction, rehabilitation, partners in a partnership. and the principal stockholders of a corporation. or relocation or for the purchase, upon completion, of a dwelling to be as determined by the public entity, For purposes of determining a princi- consttucted or rehabilitated, if. in fact. the displaced pe"on occupies the pal stockholder. stock held by a husband, his wife and their dependent replacement dwelling when the construction or rehabilitation is com- children shall be treated as one unit. pleted. (g) If a displaced persoo who conducts a business or farm operatioo (4) Where. for reasons of hardship or circumstances beyond the con- elects toreceive a fixed payment under this section. he shall provide proof trol of the displaced pe"on. such person is unable to occupy the replace- of his earnings from the business or farm operation to the agency con- mentdwellingbythe required date. the public entity may extend the dead- cemed. Proof of earnings may be established by income tax returns. fi- line as oecessary, lfby the deadline the displaced pe"on has cootracted nancial statements and accounting records orsimilarevidence acceptable to plrchase a replacement dwelling. the public entity should extend the to the public entity, deadline, No,,", Authority cited: Secrion 50460, Health and Safety Code, Reference: Sec- (5) No person otbelWise eligible for a payment under this secúon or tion 1262(c), Govemmeot Code. under section 6104 shall be denied such eligibility as a result of his being HISTORY unable. because of a major state ornariooal disaster, to meet the occupan- t. Ameodmeot of sub"",tion (e)(2) fùed 11-5-76" on emergency: desigoated effective 11-27-76 (Register 76, No. 44), cy requIrements, 2. Cenificate of Compliance filed 2-16-77 (Register 77. No, 8). (c) Computation of Replacement Housing Payment. 3. Ameodment of subsectioos (a)(I)-(b)(2) and (b)(3)(A), oew subsection (I) Cost of Comparable Replacement Dwelling. (b)(3)(D). ""eodmeot of subsections (e)(2) ond (f), and new No", filed (A) In detennining the reasonable cost of a comparable replacement &--12-97; operative 9-11-97 (Register 97. No. 33). dwelling. the public eotity concemed shall use ooe of the followingmeth- t 6102. Replacemant Hou8lng Paymenta for Homeown..... ods: (a) General, A public entity shall make to a persœ who is displaced I. Comparaúve Method, On a case-by-<:ase basis by determining the from a dwelling and who satisfies the peninent eligibility requirements listing price of dwellings which have been selected by the public entity Page 272 /I-d.-O R.,i.,97,N., ,>1<-15-97 -.. '. .... Title 25 Department of Housing and Community Development Programs § 6104 and which are most representative of the acquired dwelling unit and meet proximately the same density or if that is nOt available in a building of the the deflIÚtion of comparable replacement dwelling set out in subsection next less density, or. if a comparable one-family unit in such amulti-fa- 6008(c). Whenever possible the listing price of at least three dwellings 1IÚly building is not available, the cost of an otherwise comparable sing- shall be considered. Ie-family strUcture- 2, Schedule Method, Where the public entity determines that the com- (e) Owner Retention, parative method is nOt feasible, it may establish a schedule of reasonable (I) If a displaced homeowner elects to retain. move. and occupy his acquisition costs for the various types of comparable replacement dwell- dwelling. the amount payable under this section is the difference between ings, If more than one entity is administering a project causing displace- the acquisitien price of the acquired property and the sum of the moving ment in the area. it shall coopentte with the other entities in establishing and restonttien expenses. the cost of correcting decent. safe. and sanitary a uniform schedule for the area. The schedule shall be based en a current deficiencies, if any. and the actual pun:hase price of acomparable reloca- analysis of the market to determine a reasonable cost for each type of tion site, A public entity may limit the payment made under this subsec- dwelling to be p,]fchased. In large uroan areas this analysis may be con- tion to the amount of the replacement housing payment for which the fmed to the sub-area from which persons are displaced ormaycoversev- homeowner would otherwise be eligible. eral different sub-areas. if they satisfy or exceed the criteria listed insu!>- (2) The payment shall nOt exceed 515.000. section 6008(c). To assure the greatest comparability of dwellings in any (f) Provisional Payment Pending Condemnation. analysis. the analysis shall be divided into classificatiens of the type of If the exact amount of a replacement housing payment cannot be deter- constrUction, number of bedrooms. and price ranges. mined because of a pending condemnation suit. the public entity con- 3. Alternative Method, Where the public entity determines that neither cemed may make a provisienal replacement housing payment to the dis- the schedule. nor comparative method is feasible in a given situation. by placed homeowner equal to the difference between the public entity's the use of another reasonable method. maximum offer for the property and the reasenable cost of a comparable (B) Whichever method is selected the cost shall be updated to within replacement dwelling, hut only if the homeowner enters into an agree- three menths of the date of pun:hase of the replacement dwelling, ment that upen fmal adjudication of the condemnation suit the replace- (2) Interest Payments. Interest payments shall be equal to the dis- ment housing payment will be recomputed on the basis of the acquisitien counted present value of the difference between the aggregate interest price determined by the court, If the acquisitien price as determined by applicable to the amount of the principal of the mortgage on the acquired the court is greater than the maximum offer upon which the provisional dwellingoverits remaining term at the time of acquisition. and other debt replacement housing payment is based. the difference will be refunded service costs. and the aggregate interest paid on the mortgage on the re- by the homeowner to the public entity. If the acquisition price as deter- placement dwelling, and other debt service costs, The term and amount mined by the court is less than the maximum offerupen which the provi- of the mortgage on the replacement dwelling for purposes of this para- sional replacement housing payment is based. the difference will be p.;d graph shall be the lesser of the remaining term and amount of the man- to the homeowner, gage 00 the acquired dwelling. or the actual term and amoont of the man- (g) Lease of Condominium. For the purposes of this section. the leas- gage on the replacement dwelling. The amount of the debt service cost ing of a condominium fora 99-yearperiod. or for a term which exceeds with respectto the replacementdwellingshall be the lesserofthe debt ser- the life expectancy of the displaced person as determined by the most re- vice cost based on the cost required fora comparable dwelling. orthe debt cent life tables in Vital Statistics of the United States, as published by the service cost based on the actual cost of the replacement dwelling, Public Health Service of the Departmeot of Health, Education and Wel- Prep.;d interest or "peints" shall be censidered in the determinatioo fare. shall be deemed a pun:hase of the coodolIÚrrium, of aggregate interest. No", Authority cited; Sectioo 50460. Health aod Safety Code, Refereocc; Sec. In calculating the amount of compensation. increased interest cost lion 7263, Govenunent Code. 'shall be reduced todiscoonted present value using the prevailing interest HISTORY rate paid on savings deposits by commen:ial banks in the general area in 1. Ameodment ofsubseclions (a)(l) aod (8)(4) aod new NoITfiled 8-12-97; "1'- which the replacement dwelling is located. eralive ~11-97 (Regist..97, No.3), (3) Expenses Incident to the Pun:hase of the Replacement Dwelling. Payment under this section shall include the amount necessary toreim- ~6104. Replacement Houalng Paymenta for Tenants and burse the displaced person for actual costs incurred by him incident to the Certain Others. pun:hase of the replacement dwelling. including but not limited to the fol- (a) General, A public entity shall make toadisplaced person whosatis- lowing: legal. closing. and related costs including title search. preparing fies the elig;bility requirements of section 6084 and the conditions of sub- conveyance contracts. nOtary fees. surveys. preparing drawings or plats , sectioo (b) below. a payment oot to exceed $5.250 for eithe~ and charges p.;d incident to recordation: lender, FHA, V A or similar apo (I) Ao amount. computed in accordance with paragraph (dXI) of this praisal cost: FHA. V A or similar application fee; cost for certification of section, necessary to enable such person to lease or rent a replacement strUctural soundness; creditrepert charges; charge for owner's and man- dwelling for a period not to exceed 4 years: or gagee's evidence or assurance of title: escrow agent's fee; and sales or (2) Ao amount. computed in accordance with paragraph (dX2) of this transfer taxes. Payment for any such expenses shall not exceed the section. necessary to enable such person to make a downpayment on the amount attributable to the pun:hase of a replacement dwelling, Such ex- pun:hase of a replacement dwelling (including incidental expenses de- penses shall be reasenable and Ie gally required or customary in the com- scribed in section 6102), munity. (b) Eligibility Conditions, Reimbursement shall not be made under the provisions of this para. A displaced person is eligible for the payments specified in suhsection graph for any fee, cost. charge. or expense which is determined to be a (a) if he satisfies the following conditions: pan of the debt service or finance charge under Title I of the Truth in (1) Has occupied the dwelling from which he is displaced fora period Lending Act (Pub. L, 90-321), and RegulationZ issued pursuant thereto of not less than 90 days priortothe initiation of negotiation foracquisition by the Boattl of Govemors of the FederalR~serve System, Aoysuch sum of such dwelling, should be considered in the determination of interest payments, (2) Is not eligible to receive a replacement housing payment forhome- (d) Multi-family Dwelling, In the case of a displaced homeowner who owners under section 6102 or elects not to receive such payment. Where is required to move from a one-family unit of a multi-family building the displaced person is the owner-<JCcupant of the dwelling, the payment which he owns. the replacement housing payment shall be based on the made under paragraph 6104(a)(2) shall not exceed the amount of pay- cost of a comparable one-family unit in a multi-family building of apo ment to which the person would be eligihle unders«tion 6102, Page 273 ,A -r:2-1 ""J'."',N.,)","-I5-" -.. .. - § 6106 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 (3) Whenever a payment under subsection (aX2) is sought the dis- NOl'" Authonty CIted, Seeuon 50460, Health and Safety Code, Reference, Sec- placed person shall within one year from the dAte of displacement pur- tions 7260(i) and 7264. Govemmenl Code. cbase and occupy a replacement dwelling. HISTORY l. Amendment of ,ubsectioos (at. (a)(2). (d)(l). (d)(1)(A) and (d)(2) and new (c) The provisions in subsection 61O2(b) for modifying the conditions :0;0'" me<! 8-12-97; operauve 9-11-97 (Regts"'r 97, No. 33), of eligibility also apply to this section, § 6106. Proration of Payments. (d) Computation of Payment. Forthe putpOse of calculating an altemale paymenl under section 6098 (I) Rentals, Except for publicly funded transponation projects, which shall calculate benefits over42months, including compensation forutili- or a replacement housing payment under section 6102 or 6104, two or ties, the amoont of payment necessary to lease or rent a comparable re- more individuals (whether they are members of one family ornol) living placement dwelling. under suhsection (a)(I). shall be computed by sub- together in and displaced from a single dwelling shall be regarded as one tracting 48 times the base monthly rental of the displaced person (as person. Where a tenant is sbaring a single-family dwelling with an owner-oc- detemrined in accottiance with this subsection), from 48 times the month- cupant and paying the owner-occupant rent for the privilege. the tenant ly rental for a comparable replacement dwelling (as determined in accor- dance with this subsection): Provided, that in no case may sucb amount shall not be entitled to more than one-half of the rental supplement other- exceed the difference between 48 times the base monthly rental as deter- wise payable. The owner-occupantshall not be required to share the pay- mined in accottiance with this subsection and 48 times the monthly rental ment to which he is entitled or accep< a prorated amoont. actUally required for the replacement dwelling occupied by the displaced HISTORY l. Ameodment mod 11-5-76 as an emergeocy; desigoated effective 11-27-76 person. (Regi""r 76, No, 44), (A) Base Monthly Rental, The base monthly rental shall be the lesser 2, Ce<Ùfic.", of Compliance filed 2-16-77 (Regi"er 77, No, 8), of the average monthly rental paid by the displaced person for the § 6108. Condition of Replacement Dwelling. J-month period priorto initiation of negotiations or 25 percent of the dis- (a) When a displaced person qualifies fora replacement housing pay- placed person's average monthly income, (See subsection 6008(1).) ment (under section 6102 or 6104) by purchasing or renting a replace- Where the displaced person was the owner of the dwelling from which ment dwelling. the unit. as a general rule, must be decent. safe and san!- he was displaced orwasnot required to pay rent forthat dwelling, theeco- tory. There are three exceptions, One is described in paragraph nomic rent (see subsection 6008(b)) shall be used in lieu of the average 6O4O(aX6), The others are: monthly rental to calculate base monthly rental, (I) If the purchase of such a dwelling is the result of the public entity's (B) Comparable Rental, The monthly rental for a comparable replace- faBure to identify a reasonable number of comparable replacement mentdwellingshall be the amount of rent determined by the public entity dwellings as required or if the dwelling is one to which the person was by one of the methods described in paragraph 61O2(c)(I). considering referred by the public entity. the condition of the dwelling does not affect rental charges inStead of listing price or acquisition cost. eligibility for a replacement housing payment. (C) Whicbever method is selected the cost shall be u¡xlated to within (2) If the purchase of such a dwelling is not the result of a public enti- three months of the date of rental of the replacement dwelling. ty's referral or failure to refer, the otherwise eligible person qualifies for (2) Downpaymeot. The downpayment for which a payment specified a replacement housing payment if the unit is brought into compliance under paragraph (aX2) of this section may be made. shall not exceed the with the decent. safe and sanitary standard,Jn this situation payment shall amount of a reasonable downpayment for the purchase of a comparable be limited to the amoont that would be provided in connection with the replacemenl dwelling where such purchase is fmanced, plus expenses in. purchase of a similar. comparable replacementdwelIing or the sum of the cident to the purchase of areplacementdwellingcomputed in accOIdance actual costs of acquisition (including related expenses) and rehabilita- with Section 6102. The full amount of a downpayment under this sectioo tioo. whichever is less, shall be applied to the purchase of the replacement dwelling and shall be (b) A public entity shall not induce or encourage a displaced person to shown on the closing statemeot or other document acceptable to the pub- acquire a dwelling which does not satisfy the comparable replacemeot lie entity. housing standard. (See sectioo 6008(c),) (e) Rental Payments for Displaced Owners and Dependents, § 6110. Certificate of Eligibility. (I) Owners, A displaced ownerwhoelects to rent rather than purchase a replacement dwelling and who meets the eligibility conditions speci- U pan request by a displaced homeowner or tenant who has not yet pur- fied in subsection (b) is eligible for the payment specified in paragraph chased and occupied a replacement dwelling. but who is otherwise eligi- (a)(I), ble for a replacement housing payment, the public entity coocemed shall (2) Dependents. A dependent who is residing separate and apan from certify to any interested party. financial institution, or lending agency, the person or family providing support, whether such separate residence that the displaced homeowner or tenant will be eligible for the payment is permanent or temporary, shall be entitled to payment under this sec- of a specific sum if he purchases and occupies a dwelling within the time tioo, but such payment shall be limited to the period during which the dis- limits prescribed. placed dependent resides in the replacement dwelling, At the time the dis- §6112. Manufactured Homee and Mobllehomee. placed dependent vacates that dwelling, no further payment under this (a) General, A manufactured home ormobilehome is a dwelling, (See section shall be made to such persoo, For the purposes of this paragraph subsectioo 6008(g),) A persoo displaced from a manufactured home or a 'dependent' shall be a person who derives futy-œe percent or more of mobilehome must satisfy the same eligibility requirements and must be his income in the form of gifts from any private pemoo or any academic provided the same assistance. assurance and payments as a persoo dis- scholarship orstipend. Full-time students shall be presumed to be depen- placed from a conventiooal dwelling, dents but may rebut this presumptioo by demonstrating that fifty percent (b) Moving Expenses, If a manufactured home or mobilehome is or more of their income is derived from sources other than gifts from moved to another site, the displaced pemoo shall be compensated for another private person or academic scholarships or stipends, moving expenses in accottiance with sections 6090 and 6092, The provi- Dependents residing with the family of which they are a pan shall not sions of these sections which generally apply only to businesses and be entitled to any payment except as a part of the family, farms shall also apply to displaced pemons who move a manufactured (f) Disbursement. Except where specifically provided otherwise, the home ormobilehome. public entity shall have the authority to disburse payments underthis sec- (c) Replacement Housing Payments, tion in a lump sum, ¡noothly or at other intervals acceptable to the dis. (I) A person who owns a manufactured home ormobilehome and site placed person, and as a replacement purchases both adwellingandsite shall be provided Page 274 /I-.).,),. R.,;u,97,No.'H-tS-97 _.. . Title 25 Department or Housing and Community Development Programs § 6124 a replacement bousing payment in accordance with section 6102. A per- (e) "Affected property" means any real property which actUally de- sæ who owns a manufactUred home ormobilehome and site. and as are- clines in fair marlœt value because of acquisitiæ by a public entity for placement reots both a dwelling and site. shall be provided a payment in public use of other real property and a change in the use of the real proper- accordance with secuon 6104, ty acquired by the puhlic enuty. (2) A person who rents a manufactUred home ormobilehome and site, and as a replacement rents or purcbases a dwelling and site. shall be pro- Article 4. Last Resort Housing vided a payment in accordance with section 6104, (3)A person who owns a manufactUred home ormobilehome and site. § 6120. Purpose. and as a replacement purchases a dwelling and rents a site, shall be pro- The purpose oftills part is to set forth the criteria and procedures for vided a payment in accordance with sections 6102 and 6104. The pay- assuring that if the actioo of a public entity results. or will result in dis- ment shall be limited to the lesser of: placement. and comparable replacement housing will not be availahle as (A) The amount necessary to purchase a cæventiooal comparable re- needed, the public entity shall use its funds or funds authorized for the placement manufactUred home and mobilehome; or project to provide such housing, (B) The amount necessary to purchase a replacement manufactUred §6122. DeterminatIon of Need for Last Resort Housing. home otmobilehome (in accordance with sectioo 6102) plus the amount necessary to rent a replacement site (in accordance with section 6104). If æ the basis of data derived from surveys and analyses which satisfy In calculating this amount. the economic rent for the site shall be used in the requirements of sectiæs 6048 and 6052. the public entity is unable lieu of average monthly rental to determine the base monthly rental (as to demonstrate that comparable replacement housing will be available as provided in paragraph 6 104(dX I)), required. the head of the public entity shall determine whether to use the (4) A person who owns a site from which he moves a manufactUred public entity's funds or the funds authorized for the project to provide home or mobilehome shall be provided a replacement hoosing payment such necessary replacement hoosing or to modify. suspend orterminate under section 6102 ifhe purchases a replacement site and under section the project or undertaking, 6104 ifhe rents a replacement site. § 6124. Development of Replacement Housing Plan. (5) A person who owns a manufactUred home or mobilehome which (a) General. is acquired and rents the site shall be provided payment as follows: (I) Following the determination pursuant to section 6122. the head of (A) If a manufactUred home or mobilehome. as appropriate, is not the displacing public entity shall develop or cause to be developed a re- available the amount required to purchase a cæventiooal replacement placement housing plan to produce a sufficient number of comparable re- dwelling (in accordance with section 6lO2); placement dwelling>. The plan shall specify how. when and where the (B) The amount necessary to pun:hase a replacement manufactUred housing will be provided, how it will befmancedand the amount of funds home or mobilehome (in accordance with section 6lO2) plus the amount tobedivened to such housing. the prices at which it will be rented or sold necessary to lease. rent ormake adownpayment æ a replacementsite (in to the families and individuals tobe displaced, the arrangements fdrhous- accordance with section 6104): or ing management and social services as appropriate. the suitability of the (C) If he elects to rent a replacement manufactUred home or mobile- locatiæandenvironmental impact of the proposed housing. the arrange- home and site. the amount required to do so in accordance with section ments for maintaining rent levels appropriate for the persoos to be re- 6104. In calculating this payment. the average monthly rental shall equal housed, and the disposition of proceeds from rental. sale.orresale of such the ecooomic rent forthe manufactured home ormobilehome plus the ac- housing. If a referendum requirement or zoning presents an obstacle. the tUal rent for the site. issue shall be addressed, (6) Similar principles shall be applied to other possible combinations (2) All contracts and subcætracts for the constructioo. rehabilitatiæ of ownership and tenancy upoo which a claim for payment might be or management of last reson hoosing shall be let without discriminatiæ based. as to race. sex, marital statUs, color, religiæ, national origin. ancestry or No-æ Authority cited; Sectioo 50460. Health aDd Safety Code, Roferenc" Sec- other arlJitrary circumstance and pursuant to an affinnauve action pro- tioos 18007 and 18008. Health and Safety Code. gram, The public entity shall encourage panjcipation by minority per- HtSlURY sons in all levels of constructioo. rehabilitatioo. planning. fmancing and 1. Amendmeot of sectioo and new NOTE filed S-12-97; operaùve 9-11-97 (Reg- management of last resort hoosing, When the hoosing will be located in ister 97. No. 33). an area of minority concentration. the public entity shall seek to secure significant panicipation of minorities in these activities. The public entity § 6114. Affected Property. shall requirc that. to the greatest extent feasible, opportunities fortraining (a) In addition to the payments required by Sectioo 7262 of the Act (see and employment arising in connection with the planning. construction. sections 6090, 6092. 6094,6096, 6098 and 6100). as acost of acquisitioo, rehabilitation, and operation of last resort housing be given to persons of the public entity shall make a payment to any affected property owner low income residing in the area of such bousing and shall determine and meeting the requirements of this sectioo. implement means to secure the participation of small businesses in the (b) Such affected property is immediately contiguous to propeny ac- perlorooance of contracts for such work. quired for aitpOrt purposes and the owner shall have owoed the property (b) Citizen Participation. affected by acquisition by the public entity not less than 180 days prior (1) If the need for last reson hoosing exceeds 25 units. the head of the t.o the initiation of negotiation for acquisition of the acquired propeny. displacing public entity shall establish a committee which will coosult (c) Such payment. not to exceed fifteen thousand dollars ($15,000), with and provide advice and assistance to the displacing public entity in shall be the amount, if any, which equals the actual decline in the fair mar- the development of the plan, The committee should include appointed ket value of the property of the affected property owner caused by the ac. representatives of the displacing entity and state and local agencies quisitioo by the public entity for airport purposes of other real propeny knowledgeable regarding housing in the area. including but not limited and a change in the use of such property, to the local housing authority and the central relocatioo agency, if any, (d) The amount. if any, of actual decline infairmarlœt value of affected In addition. the commÜtee should include representatives of otherappro- propeny shall be determined according to rules and regulations adopted priate public groops (forexample.local and areawide planningagencies) by the public entity, Such rules and regulations shall limit payment under and private groups knowledgeable regarding housing and the problems this secuon only tosuch circumstances in which the decline in fair market of housing discriminatioo. value of affected propeny is reasonably related to objective physical (2) The committee shall include representatives of the residents to be change in the use of acquired property, displaced. These representatives may be appointed by the displacing en- Page 275 ,A -;23 ""i,.,",No,)"-'>-" -" .. -.- § 6126 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 tityorelected by the residents. as the residents wisb. Resident representa- ~6132. Housing Production. tives shall. at aIIrinimum. coostitute one-third of the committee member- The bead of the displacing public entity shall monitor the productioo ship. Votes shall be allocated so that the total votes of resident of the last resott bousing to ensure that it is in accordance with the plan. representatives shall equal one-half of the total votes of the committee membership, H134. Jointly Sponsored Development. (3) The plan must be approved by the vote of a simple IruljOrity of the Where several agencies are administering programs resulting in resi- committee membership,Jn the event the committee fails to approve the dential displacement, oppommities shall be sougbt for joint development plan. the local governing body or, where the displacing entity is a state and fmancing to aggregate resources in order most efficiently to provide agency, the head of the state agency Iruly substitute its approval. replacement housing in sufficient quantity to satisfy the aggregate needs (c) Coosultation with Other Housing Agencies and Organizations, of such programs, The head of the displacing public entity Iruly consult or cootract with the depanment, a local housing authority, or other agency or organization ~ 6136. Las1 Resort Housing In Lieu of Payments. having experience in the administration or conduct of housing programs A public entity shall not require a displaced person to accept adwelling to provide technical assistance and advice in the development of the re- provided pursuant to this Article in lieu of the displaced person' s acquisi. placement housing plan, tion payment. if any, for the real property from which he is displaced or the relocation payments for which he Iruly be eligible, § 6126. Submission of Plan for Comment. The head of the displacing public entity shall submit the plan and all ~ 6138. Confonnlty with the Act and Other Statutes, significant amendments to the local housing and planning agencies for Policies and Procedures. comment and to assure that the plan accurately reflects housing coodi- (a) Civil Rigbts and Other Acts, The administration of this Article shall tions and needs in the relocation area. Reviewing agencies shall have 30 be in accord with the provisions of all applicable federal and state non-- calendar days following receipt of the plan to prepare their comments, discrimination laws and regulations issued pursuant thereto, Copies of all comments received shall be forwarded to the committee and (b) Dwelling and Relocation Standards. Determinations Irulde pur- available to all interested persons. suant to section 6122 and any plan developed and implemented for pro- General notice of the plan shall be provided, Notice shall be designed viding replacement housing and all such housing provided thereunder to reach the residents of the relocatioo area: it shall be in accordance with shall be in conformity with the standards established in the Act and the provisions of paragraph 6O46(a)(3) and subsection 6O46(b); and it Guidelines, shall be provided 30 days prior to submission to the committee. or the 10- No,," Authority cited, Section 50460. Health aod Safety Code, Reference, Sec- cal governing body or head of state agency for approval. !>on 7260.5(c)(4). Government Code. HISTORV NoTJO Authority cited, Section 50460, Health and Safety Code, Refereoce, Sec- I ,Amendmeot ofsubsectioo (a) and oew Non:f¡]ed 8-12-97; operative 9-t 1-97 nons 7260.5(a)(5) and 7264,5, Govemmeot Code. (Regjster97, No, 33), HtSTORY 1. Amendmeot offll'St paragraph aod oew Non:filed8-t2-97;operative9-1 t-97 ~6139. Last Resort Housing. (Register97,No,33). (a) Whenevercomparable replacement dwellings are not avaHable. or §6128. Determination by Displacing Public Entity of are not available within the mooetary limits of Govemment Code sec- Feasibility and Compllance. tions 7263 and 7264. as appropriate. the displacing agency shall provide U pan receipt and consideration of the comments, the displacing public additional or alternative assistance under the provisions of this part. entity shall determine whether ornol: (b) The methods of providing replacement housing of last resort in. (a) The plan is feasible. clude, but are not limited to: (b) The plan complies with applicable environmental standards and (I) A replacement housing paymeot calculated in accordance with the procedures, provisioos of sections 6102 or 6104, as appropriate, even if the calcula- (c)The plan is compatible with the local general plan and housing ele- tion is in excess of the monetary limits of Government Code sections meat and the areawide housing plan or strategy, 7263 and 7264, A rental assistance payment under this part shall be paid If any of the above determinations by the displacing public entity is to the displaced person in a lump sum. or at the discretion of the displac- negative the displacing public entity shall revise the plan as necessary. ing agency, $5250 shall be paid to the displaced person in a lump sum Substantial modifications in the plan shall be submitted for review and upondisplacemeot and the remaioder of the payments shall be paid to the comment as provided in section 6126, If necessary for timely implemen- displacee in periodic payments overa period not toexceed 48 months un- less otherwise specified by statute, tation of the plan or execution of the project, the head of the displacing (2) Majorrehabilitation of and/or additions to an existing replacement public entity may shorten the time allowed in section 6126 for review of modifications, dwelling in a sum equal to or greater than the payment to which the dis- placed person is entitled under subsection (b)(l), ~ 6130. ImplemØrttatlon of the Replacement Housing Plan. (3) The construction of a new replacement dwelling in a sum equal to or greater than the payment to which the displaced person is entitled un- Upon making the determinations required by section 6128, the head der subsectioo (bXI) of this section, of the displacing entity Iruly expend funds and take such other actions as (4) The relocation and. if necessary, rehabilitation of a dwelling. necessary to provide. rehabilitate. orconstruct replacement housing pur- (5)The put1:hase ofland and/or a replacement dwelling by thedisplac- suant to the approved replacement housing plan througb methods includ- ing agency and subsequent sale or lease to. or exchange with a displaced ing but not limited to the following, (a) Transfer of funds to state and local housing agencies, person, (6 )For purposes of accommodating the needs of handicapped persons. (b) Contract with organizations experienced in the development of the removal of barrie", to the handicapped, housing, (c) Only at the discretion of displacing agencies are post-acquisition (c) Direct construction by displacing public entity, tenants entitled to last resort housing payments. Whenever practicable, the head of the displacing public entity should No,," Authority cited, Sechoo 50460, Health aod Safety Code, Reference, Sec- utilize the services of federal, state, or local housing agencies, or other tions 7263. 7264 and 7264,S. Govemmeot Code, agencies having experience in the administration or conduct of similar HISTORY housing programs, 1. New section filed 8-12-97; ope..tive 9-11-97 (Register 97, No. 33). Page 276 A -,;J. c¡. R,"",97,No,'..-t>-97 _d ...- Title 25 Department of Housing and Community Development Programs § 6158 a designee (other than the person who made the initial detennination) Article 50 Grievance Procedures having authority to revise the initiaideternllnationontheclaim,The pub- hc entIty shall make a summary of the matters discussed in the oral pre- ~ 6150. Purpose. sentation to be included as part of its file. The right to fonnal review and The purpose of this article is to set forth guidelines for processing a¡>- reçonStderatton shall not be condiooned upon requestiog an oral presen- peals from public entity detenninations as to eligibility. the amount of tatt(on).w' R f R. d R ' . d f . al . . c ntten equest or evtew an econstderauon. At anv time paym~nt. ~ orprocessmg appe s from persons aggneved by a pubhc within the period described in subsection (d) a com I' t . fil enuty s failure to refer them to comparable pennanent or adequate tem- . ., . p aman may tea porary replacement housing. Public entities shall establish rocedures to wntten request for fonnal revIew and reconStderauon. The complamant implement the provisions of this Article, p may mclude ,m the request for revIew any statement of fact within the complamant s knowledge or belief or other material wbicb may bave a ~ 6152. Right of Review. bearing on the appeal. Ifthecomplainant requests more time togatherand (a) Any complainant. that is any person wbo believes himself ag- prepare additional material for consideration orreview and demonstrates grieved by a detennination as to eligibility. the amount of payment. the a reasonable basis therefor. the complainant's requestsbouldbe granted, failure of the public entity to provide comparable pennanent or adequate (d) Time Limit for Requesting Review, A complainant desiring either temporary replacement bousing or the »lblic entity's propeny manage- an informal oral presentation orseekingafonnal review andreconsidera- ment practices may. at his election, have his claim reviewed and recon- tion shall make a request to the »lblic entity within eighteen months fol- sidered by the head of the public entity or an authorized designee (other lowing the date he moves from the property or the date he receives fmal than the person who made the detennination in question) in accOIdance compensation for the property. whichever is later. with the procedures set fonb in this article. as supplemented by the proce- dures the public entity shall establish for such review and reconsidera- ~ 6158. Formal Review and Reconsideration by the Public tion, Entity. (b) A person or organization directly affected by the relocation plan (a) General, The public entityshallconsiderthe requestforreview and may petition the department to review the fmal relocation plan of a public shall decide whether a modification of its initial detennination is neces. entitytodetennine if the plan is in compliance with state laws and guide- sary. This review shall be conducted by the bead of the public entity or lines orreview the implementation of a relocation plan todetennine if the an authorized, impartial designee. (The designee may be a committee), public eotity is acting in compliance with its relocation plan. Review un- A designee shall have the authority to revise the initial detennination or denaken by the department underthis section sball be in accOIdance with the determination of a previous oral presentation. The »lblic entity sball the provisions of se<:tions 6158 and may be infonnal, Before conducting consider every aggrieved person's complaint regartiless of fonn. and an investigatioo. the department sbould attempt to constrain disputes be- sball. If ne<:essary provide assistance to the claimant in preparing the tween parties, wrilten claim, When a claimant seeks review, the public entity sball in- Failure to petition the depanmentsball not limit a complainant's right form him that be bas the right to be represented by an attorney, to present to seek judicial review. blS case by oral or documentary evidence. to subinit rebuttal evidence. (c) If a relocation appeals board bas been established »lrsuant toSec- toconduct such cross-examination as maybe required for a full and true tion 33417.5 of the Health and Safety Code, acity by ordinance may des- dIsclosure offaclS.and to seekjudicial review once be bas exhausted ad- ignate the boarti to bear appeals from local public entities wbicb do no< mmlStrattve appeal. bave an appeal process. In the absence ofsucb an ordinance. public enti- (b) Scope of Review, The public entity shall review and reconsider its ties sballestablisb procedures to implement the provisions of this Anicle. initial detennination of the claimant's case in light of: Nore Authority cited. Sectioo 50460, Health and Safety Code, Reference. Sec. (1) All material upon wbich the public agency based its original deter- 000 7266. Govemmeot Code. inination including all applicable rules and regulations, except thatnoev- HISTORY idence sball be relied upon wbere a claimant bas been improperly denied L Amendment of.'ubseç"on(b) and new NoTEfùed S-l 2-97; operative'>-l t-97 an opponunity to controven the evidence or cross-examine the witness, (RegIster 97. No, 33). (2) The reasons given by the claimant for requesting review and re<an- ~ 6154. Notification to Complainant. sideration of the claim, If the public entity denies orrefuses toconsideraclaim. the public enti- (3) Any additional written orrelevant documentary material subinitted ty's notification to the complainant of its determination sball inform the by the clalIl1ant. complainant of its reasons and the applicable procedures forobtainin8re. ' (4) Any funber iofonnation wbich the public entity in its discretion. view of the de<:ision, If necessary, sucb notification shall be printed in a obtams by request. investigation. or researcb, to ensure fair and full re- language other than Englisb in acconiance with sectioo 6046, vIew of the c[¡lIm, (c) Detennination 00 Review by Public Entity, § 6156. Stages of Review by a Public Entity. (I) The detmnination on review by the public entitysball include, but (a) Request for Funber Writteo Information. A complainant may re- is not liinited 10. quest the public entity to provide bim with a full written explanation of (A) The public entity's decision 00 recoosideration of the claim. its determination and the basis therefore. if be feels that the explanation (B)ThefaclUaI and legal basis uponwbicb the decision rests, including accompanying the pa)1l1ent of the claim orootice of the entity'sdetenni. any pertinent explanation or rationale, nation was inCOITect or inadequate, The public entity shall provide sucb (C) A statement to the claimant of the right to further administrative anexplanalion to the complainant within three weeks of its receipt of his appeal. if the public entity bas sucb an appeal structure, or if no<. a state. request. meot to the claimant that adininistrative remedies bave been exhausted (b) Informal Oral Presentation, A complainant may request an infor- and judicial review may be sought. mal oral presentation before seeking fonnal review and reconsideration. (2) The delerminatioo sball be in writing with a copy provided to the A request for an infonnal oral presentation shall be filed within the period claimant. described in subsection (d) of this se<:tion. and within 15 days of the re- (d) TIme Liinits. quest the public entity sball afford the complainant the opponunity to (I) The public entity sball issue its detennination of review as soon as make such presentation, The complainant may be represented by an attor- possible but no later than 6 weeks from receipt of the last material sub- ney or other person of bis cboosing. This oral presentation sball enable initted for consideration by the claimant of the date of the hearing. wbicb- the complainant to discuss the claim with the head of the »lblic entity or ever is later, Page 27601 A -;¿s- ..,i..,97,"o,'>8--'5-97 -.. .... § 6160 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 (2) In tbe case of complaints dismi"ed foruntimeline" orforany otb- gardle" of wbether ornot a person bas filed a written request forreview. er reason not based on tbe merits of the claim. the public entity shall fur. All written detenninations shall be kept on file and available for public Disb a written statement to the claimant staring the reason for the dismiss- review. al of the claim as soon as possible but no later than 2 weeks from receipt of tbe last material submitted by the clailDBIlt or the date of the hearing. § 6170. Right to Counsel. wbicbever is later. Any aggrieved pany bas a rigbt to represen"'tion by legal or other § 6160. Refusals to Waive Tlma LImitation. counsel at his expense at any and all stages of the proceedings set forth Whenever a public entity rejects a request by a claimant for a waiver in these sectioos, of the time limits provided in section 6088, a clailDBIlt may file a written § 6172. Stay of Dlsplacemant Pending Revlaw. request for review of this decision in accordance with the procedures set If a complainant seeks to prevent displacement. the public entity shall forth in sections 6156 and 6158, except thaI such written request for re- not require the complainant to move until at least 20 days after it has made view shall be filed within 90 days of the claixwmt's receipt of the public a detennination and the complainant has had an opponunity toseekjudi- entity's detennination. cial review. In all cases the public entity shall notify the complainant in § 6162. Extension of Time Limits. writing 20 days prior to the proposed new date of displacement. The time limits specified in Sectioo 6156 may be extended for good § 6174. Joint Complainants. cause by the public entity, Where more than one person is aggrieved by the failure of the public §6164. Recommendations by Third Party. entity to refer tbem to comparahle permanent or adequate temporary re- Upon agreement between tbe claimant and the public entity. a mutual- placement housing the complainants may join in fIling a single written ly acceptable thiro party or parties may review the claim and make advi- request for review, A determination shall be made by the ¡:ublic entity for sory recommendations thereon to the head of the public entity for its fmal each of the complainants, detennination. In reviewing the claim and making recommendations to the public entity. the thiro pany or parties shall be guided by the provi- § 6176. Judicial Ravlew. sions of this Article. Nothing in this Article shall in any way preclude or limit a claimant Except to the extent the confidentiality of material is protected by law from seekingjudicial review of a claim upon exhaustion of such aclminis- or its disclosure is prohibited by law. a public entity shall permit the trative remedies as are available under this Article. claimant to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance, If a claimant is improperly de- Article 6. Acquisition Policies Died access to any relevant material bearing on the claim. such material may not be relied upon in reviewing the initial detennination. § 6166. Ravlaw of Flies by Claimant. § 6180. Purposa. Except to the extent the confidentiality of material is protected by law The purpose of this Article is to set forth tbe practices to be followed or its disclosure is prohibited by law. a public entity shall permit the with respect to acquisition of real property by a public entity, Publicenti- claimant to inspect all files and records bearing upon his claim or the ties shall, to the greatest extent practicable. be guided by these practices, prosecution of the claimant's grievance. If a claimant is improperly de- rued access to any relevant material bearing on the claim. such material § 6162. Acquisition. may not be relied upon in reviewing the initial detennination. (a) A public entity shall make every reasonable effort to acquire prop- § 6166. Effect of Detannlnatlon on Other Persons. erty by negotiation and to do so expeditiously. The principles es"'blished in all detenninations by a public entity shall (b) Before negotiations are initiated (see subsection 6008(n)) a public be coosidered as precedent for all eligible persons in similarsituatioos re- entity shall: (The oext page is 277,J I Page 276.2 A-.).' ".¡~,97,No,'H-IS-97 -.. .... -.-. Title 25 Department of Housing and Commnnity Development Programs § 6182 (] ) Have the propeny appraised, giving the owner or his represeotative of the pertineot provisions of the Emineot Demaio Law (Code of Civil designated in writing ao opportunity, by roasooable advaoce written 00- Procedure, Sectioo 1230,010 et seq,), tice, to accompaoy the appraiser during the inspectioo of the propeny; ([) (]) Ifaftor=iviogthe public eotity's offer the owoerrequests ad- (2) If the owner of n:al propeny is also the owner of a busioess con- ditional informatioo rogarding the determination of just compeosatioo. ducted 00 theroal propeny to beacquirod oroo the romaioder. inform him the public entity shall provide the following informatioo to the exteot that of his possible right tocompeosatioo for loss of goodwill. The public enti- the dotermioation of just compensatioo is based thereoo: ty should include a copy of the perrinent provisioos of the Eminent 00- (A) The date of valuation used, main Law (Code of Civil Procedure Sections 1230.010 et seq.), (B) The highest aDd best use of the propeny. (3) Establish ao amount it believes to be: just compeosation for the (C) The applicable zooing. property. which amount shall. io no event. be: less thao the public entity's (D) Ideotification of some of the sales. coo tracts to sell aDd purchase, approved appraisal of the fair market value of the property as improved. aDd leases supponing the determinatioo of value. (c) The determination of just compensatioo shall be based upon con- (E) If the propeny is a portion of a larger parcel, a description of the sideration of: larger parcol, with sufficient detail for reasonable ideotificatioo. (I) The roal property be:ing acquired; (2) With rospect to each sale, contract, or lease provided in accordaoce (2) Where the real propeny acquired is pan of a larger parcel. the inju- with (I )(D) above. the following data should be provided: ry. if aoy, to the remainder, aDd lA) The oames aDd business or resideoce addrosses, if known. of the (3) Loss of goodwill. whero the owoer of the real propeny is also the parties to the transaction. ownerofa business conducu:d upon the property to be acquirod oron the (B) The locatioo of the property subject to the transactioo, romainder and whero the provisioosofthe Eminent Demain Law pertaio- (C) The date of transaction, ing to compeosation for loss of goodwill an: satisfied. Goodwill consists (D) The price aDd other significaot terms and ciI<:umstaoces of the of the benefits that accrue to a business as a result of its locatioo. roputa- transaction, if known, In lieu of stating the other U:rms aDd circum- tioo for dependability, skill or quality, aDd aoy other ciI<:umstaoces re- staoces. the public entity may. if the documeotisavailable foriospectioo. sultiog in probable retention of old or acquisitioo of new patrooage. state the place whero aDd the times wheo it is available for inspectioo, (d) As sooo as possible aftor the amouot of just compeosatioo is estab- (3) The requiroments of this subsectioo do oot apply to requests made lished, the public eotity shall offer to acquire the property for the full after ao emioeot domain proceeding is co=eoced. amount so established aDd shall provide the owoer with a written state. (g) Whenever a part of a p=el of property is to be acquirod by a public meot of the basis for determination of just compeosatioo. The statemeot entity for public useaod the romainder. or a ponion oftheromaioder, will shall include the following: be left in such size, shape or cooditioo as to constitute ao unecooomic (I) A general statemeot of the public use for which the property is to remnaot the public entity shall offer to acquiro the remnaot if the owner be acquirod. so desiros. For the purposes of these Guidelines ao "uoecooomic rom- (2) A description of the location aDd extent of the propenyto be talcoo, oant"shall be a p=el ofroal propeny in which the owoerrotains ao inter- with sufficieot detail for reasooable ideotificatioo, and the ioterost to be est after partial acquisitioo of his property aDd which has little oroo utility acquired. or value to such owner, (Nothing in this subsectioo is ioteoded to limit (3) Ao inventory identifying the buildings. structures, fixtures, and a public eotity's authority to acquiro real property,) other improvements. (h) Nothing in this section shall be construed to deprive a tenaot of the (4) A recital of the amount of the offer aDd a statemeot that such right to obtain payment for his property interest as otherwise provided by amount: law, (A) Is the full amouot believed by the public entity to bejustcompensa- (i) (I) Prior to commencement of an emioeot dOInaio proceediog the tioo for the propeny takeo; public eotity shall make reasonable efforts to discuss with the owoer its (B) Is oot less thao the approved appraisal of the fair market value of offer to purchase the owner's real propeny, The owner shall be giveo a the propeny as improved; reasonable opponuoity to present material which he believes to be rele- (C) Disregards aoy decroase oriocrease in the fair market value of the vaot as to the question of value aDd to suggest modificatioo in the pro- real property to be acquirod prior to the date of valuatioo caused by the posed terms aDd conditions of the purchase, aDd the public entity shall public improvemeot for which the property is to be acquirod forsuch pub- carefully coosider the owner's preseotatioo, lie improvement. other thao that due to physical deterioration withio the (2) Prior to commencemeot of ao emineot domaio proceediog. if the reasooable control of the owner or occupaot: aDd evidence preseoted by ao owoer or a material chaoge in the character or CD) Does oot roflect aoy coosideratioo of orallowaoce for any roloca- coodition of the property indicates the need for anew appraisal orifasig- tioo assistaoce aDd payments or other beoefits which the owoer is eotitled oificaot delay has occurred since the determioatioo of just compeosatioo. 10 receive under ao agreemeot with the public entity. except for ao the public eotity shall have its appraisal updated. If a modificatioo in the amouot to compeosale the owner for that portion ofloss of goodwill pro- public eotity's determination of just compensation is warranu:d, ao ap- vided io accordaoce with Sectioo 6100. propriate price adjustmeot shall be made aDd the oew amouot determioed (5) If the real property is a portion of a largerp=el, the statement shall to be just compensatioo shall be promptly offered in writiog to the owoer. include anapportionmeot of the total estimatedjustcompeosation for the (j) (I) In 00 event shall the public entity eitheradvaoce the time of coo- partial acquisition betweeo the value of the propeny being takeo aDd the demnatioo, or defer oegotiatioos or condemnation 00 the depositoffuods amount of damage. if aoy, to the remaioder of the larger p=el from in court for the use of the owner, or take aoy otheractioo coercive or mis- which such property is taken, leading io nature, in ordertocompel or induce ao agroementoo the price (6) If the owner of the real propeny to be: acquired is also the owner 10 be paid for the property. of a business cooducted upon the property or the remaioder, the statemeot (2) If aoy interest in property is to beacquirod by exercise of the power shall include ao indicatioo of the amount of compeosation for loss of of emioeot domaio. the public entity shall promptly institute formal coo- goodwill. demnatioo proceedings. No public entity shall intentionally make it oec- (e) At the initiation of oegotiations (see subsectioo 6008(n)) a public essary for ao owoer to institute legal proceedings to prove the fact of the eotity shall provide written notification to the owner of a business con- taking of this roal property, ducted on the real property to beacquirod oron theromainder, who is oot also the owoerofthe real property,concerniog his possible right to com- pensatioo for loss of goodwill, The public entity should include a copy Page 277 A-¡)7 (4-1-901 § 6184 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 § 6184. Notice of Decision to Appraise. § 6192. Incidental Expenses. The public entity shall provide the owoerwith written ootice of its de- If the real property is acquired by purchase. the public entity shall pay cision to apprnise the real property as soon as possible after the decisioo all reasonable expenses incident to troosfer. Amoog the expenses requir- to appraise has been reached. The notice shall state. as a minimum. that: ing paymeot are: recording fees. transfer fees ood similar expeoses ioci- (a) A specific area is being considered for a particular public use; dent to the conveyooce of real property. ood the pro rata portioo of (b) The owoer's property has been determined to be located witllln the charges for public service such as water. sewage ood trash collection area; ood which are allowable to a period subsequent to the date of transfer of title (c) The owoer's property, which shall be generally described. may be to the public entity or the effective date of possession of such property acquired in coonection with the public use. by the public entity. whichever is earlier, The public eotity shall inform the owner that he may apply for a rebate of the pro rata portioo of ooy real § 6186. Time of Offer. property taxes paid. HISI'ORY The public eotity shall make its fU'St writteo offer as soOo as practicable I. Ameodmeot filed 11-5-76 as an emergeocy; designated effective 11-27-76 following service of the Notice of Decision to Apprnise. (See section (Registe1" 76. 1'0, 44), 6184.) 2, Certificate of Compliance filed 2-16-77 (Register 77. 1'0. 8). § 6194. Short Term Rental. § 6188. Notice of Land Acquisition Procedures. (a) If the public permits 00 ownerortenoot to occupy the real property (a) At the time the public eotity notifies 00 owoerofits decision toap- acquired 00 a rental basis fora short-term or for a period subjecttotermi- praise real property it shall furnish the owner a written explooation of its oation by the public entity on short ootice. the amount of rent required lood acquisition procedures. describing in ooo-techoical. uoderstood- shall oat exceed the lesser of the fair rental value to a short-term occupier able terms the public entity's acquisitioo procedures ood the priocipal or the pro rata portion of the fair rental value for a typical reotal period, rights ood optioos available to the owner. If the owner or tenoot is 00 oecupoot of a dwelliog. the reotal for the (b) The ootice shall include the following: dwelling shall be within his finoocial meoos, (See subsectioo 6008(c),) (1) A description of the basic objective of the public entity's lood ac- (b) A post-acquisitioo teooot who occupies real property acquired on quisitioo program ood a refereoce to the availability of the public eotity's a rental basis for a short term ood who is informed that the property has statement covering relocatioo benefits for which 00 owner-occupoot been acquired fora public use shall be giveo not less thoo 30 days ootice may be eligible; of terminatioo of the tenoocy, (2) A statemeot that the owoeror his representative designated in writ- HISI'ORY ing shall be given the opportunity to accompooy each apprniser duriog I. Arneodmeot of subsection (b) filed 11-5-76 as an emergeocy; designated ef- his inspection of the property. fective 11-27-76 (Regisl<r76. 1'0. 44). (3) A statemeot that if the acquisitioo of ooy part of real property would 2. Certificate of Compliance filed 2-16-77 (Register 77, No, 8), leave the owner with 00 uoecooomic remnoot as derIDed in subsection § 6195. Public Information. 6182(g) the public entity will offer to acquire the uneconomic remnoot; The ptm:hase price ood other coosideration paid by the public eotity if the owner so desires: is public information ood shall be made available upon request. (4) A statemeot that if the owoeris ootsatisfied with the public eotity's offer of just compensatioo he will be given a reasonable opportunity to § 6196. Service of Notice. present relevoot material. which the public eotity will carefully consider, Service of all ootices required by tills article shall be made either by ood that if a voluntary agreemeotcaonot be reached the public eotity, as fIrSt class mail or by penonal service upon the person to be ootified, sooo as possible, will either institute a formal coodemnation proceeding § 619B. Nonpossessory Interest Exception. against the property oraboodoo its intentioo to acquire the property. giv- The provisioos of6182(b). (c). (d)(4).ood (f) aDd 6188 shall not apply ing ootice of the latter as provided io section 6190, to the acquisitioo ofooy easemeot.right-<Jf-way.covenoot or other noo- (5) A statement that construction or development of a project shall be possessory interest in real property to be acquired for the coostruction. so scheduled that 00 person lawfully occupying real property shall be re- recoostructioo, alteration. enlargement, maintenooce, reoewal. repair or quired to move from adwelliog (assuming a replacement dwelling asre- replacemeot of sub-surface sewers, waterlines or appurtenooce. drains. quired by these Guidelines will be available) or to move his business or septic tanks. or storm water drains, farm operntioo without at least 90 days written ootice from the public en- tity of the date by which the move is required; ood Attachmeot A (6) A statemeot that. if aITaogements are made to rent the property to Mioimum Contents oflnformatiooal Statement(s) 00 owoer or his tenoot for a short term or for a period subject to termina- Fo,Dis"ibuUon tioo by the public entity 00 short ootice. the reotal will not exceed the less- To Business er of the fairreotal value of the property to short term occupier or the pro Displaced Concerns rata portion of the fair reotal value for a typical rental period. ¡fem To Belncl>Uied Pmo"" andOlhm If the owner or tenoot is 00 occupant of a dwelling, the reotal for the I. Geoeral description of the oature and types of acti- vities that will be undertakeo. including an iden- dwelling shall be withio his fiooocial meoos. (See subsection 6008(c),) tification of areas which may involve wsplace. meot, A diagrammatic sketch of the project area should be attached. x x 2. S",I<ment that public action may result in displace. § 6190. Notice of Public Entity's Decision Not to Acquire. meot but that no one lawfully oa:upyiog proper. ty will be required to sWTeoder possession with Wbenever a public entity whiclt Itas forwarded a Notice of Decision out at least 90 days' wrineo notice from the pub- to Appraise or has made a flfID offer subsequeotly decides oat to acquire lie eotity and 00 ooe will be required to move uo- the property, the public entity shall serve a notice io writing on the owner, til9O days after the provision of ÌDfonnation, x x 3, Assurance that fanUlies and ind;viduals will not be all persoos occuPyin8 the property ood all otherpersoos potentially eligi- required to move before reasonable offers of de- ble forrelocatioopaymeots ood assistance, Thisootice shall state that the coot, safe, sanitary and otherwise comparable public eotity has decided not to acquire the property. ¡tshall be served not housing within their fmancial means have beeo later thoo 10 days following tlte date of the public eotity decisioo oat to made, except for the causes set forth in the local ageocy's evictioo policy (which shall be in ac<:or- acquIre. dance with soction 6058,) x Page 278 A -.¡ ~ ,'-'-90) Title 25 Department of Housing and Community Development Programs § 6500 Fo, Di",ihwioo 3, "ew Subchapler 3. Amcl., 1-3 (Sec""", 630Q...<;350, notcon..cutivel refiled To 8-2-77., an emmencv, des;""aled effective 8-3-77 (R""ler 77. "0. 321. Businm 4. C",úficale ofCom;Iw,';' filed'II-29-77 (RegJSler 77. So, 491. 5. Repealer of Displaced Co,"mns Subchapler 3 (Sect'o", 630Q...<;350. oot consecu"ve) filed 6-~2, effec"," /lemToBelnclurkd. Pmons andOlhm thll't>eth day thereafter (RegJSIe,82. 1'0. 241. 4. Gene.raI description of type, ofr,loca."on paymen~ 5. R'pealor ofSubdup;"r 3 (Soctio", 630Q...<;350. not consecutiv,) filed 6-9...'P' avadabI,. mcludmg gmeraleligobility enlena an effec"v, th>rueth dav thereafie, (R..i'ler S2, "0, 24). -. a cauuon agam" premo,""~ moves that mlgJn ro. . . suit m 10" of eligibility for a payment, 'x 5. 1:.~ti~~~':'.poJ,:eo?~~c~'I::':~':.~f:;': Subchapter 4. Housing Element Guidelines 6. E~~~~~e;:;~n~~a:i~%,,~:~gency" relocation of. x x NOTE. Authority cned, Sec"on 50459. Health and Safety Cod,. and SoctlOn f,ce and cooperate with the staff. The addrm, 65302(cl, Government Cod,. Reference' SecUon 65302(c). Gov'rnmen< Cod,. lelephonenumber. and hours ofth, rolocauoo of. HISTORY fice shooldbe specified. x, !.1',wSubchapler4(Seotions640Q...<;478)filedI2-7-77oeffec"vethll't>ethda) 7,lofonna"on on repiacemeol housiog. including, thereafter (Reg,isle' 77. 1'0, 50). a. Brief dmription of what constiWIeS campara. 2. Amendment fded 5-1-79 as an emorgency, effective upon filing (Reg,i"or 79. ble roplaC.'ment housing. including phy,ical 1'0. t8). staodards. x 3. Amendmeot fded 8-28-79 as an emorg'ocy' effective upon fIling (R'g"t" b, Laymen's de=iptioo of Federal fair housing 79.1'0.35). AC,rtif,cute of Compliance must be filed withm 120daysocemor. law (Tiùe VIII ofCivù Righ" Act of 1968), and gmcy language wIll be repealed on 12-26-79. applicabl, Stale and local fair hou,ing laws. ., 4. Cenif,cate of Compliance filed 10-23-79 (Regi'le' 79. 1'0. 43), w,ll as righ" undor Tiùe IV of the Civil Righ". 5. Repealor ofSubchapler 4 (Sections 64Q(H;480.not consecuuve) filed 6-9-82, Act of 1964. 'effectiv, thirtieth day thoreafter (Regi"", 82. 1'0, 24). For proor history, '" c. Statemeot that the p"blic ,outy (or i" ageoI) Reg"tor80, So. 18. will identify comparable replaC.'ment dwellings within the fmancial mea", of and otherwise avail. :~etO:i~~~:~ P;":~:;gW~J;~~d~/~;S~ Subchapter~. Department of Hou~ing and choice. including."i,taoce in the referral of com. Community Development-Confllct of ~r~¿::~~i¡=~~t~;"~in~ee:,r;~:~~;;::~t~~~::~y x Interest Code d. Statemeot that porsons may seek their own hoo'U1g accommodations and urgmg them. if they § 6500. General Provisions. do so. to notify the relocation office prior to mak. The Political Ref= Act. Gove=ent Code Secticm 81000, er seq.. ~;o~;::;mnment to purchase or occupy the x requir~s state and local government agencies to adopt and promulgate 8, Statemeot that the public entity will provide maxi ConflIct of Interest Codes. The FaIr Poliucal Pracuces Commtsston has mum assistaoce m locating relocauoo accommo- adopted a regulation. 2 Adm, Code of Regs. Section IS73O. which con- dauo",.mcludU1g co",ultaUon w,th the Small lains the terms of a standard Conflict of Interest Code. which can be in- Bu,mm Admm"tra"on and other governmental ., . . agmc'" which might be ofmi,taoce, x corporatedbyreference.and whIch maybe amended by the Fair Poli"cal 9. Statement de""ibmg requiremml for priorooúfi. PracticesCotIIIIllssion to conform toamendmenlsin the Political Reform ~a~~~n~o':o"!e~ocy of the b",inm coocem's in. x Act after public notice and hearings, Therefore: the Ierros of2 Cal. Code 10. Summary of the local agency', eviction policy, of Regs, Secuon IS730andanyamendmentstottduiyadoptedbythe Fair whIch shall be in accordance with the proyi"on, Political Practices Co=ission. along with the ",tached Appendix in I!. ~~~~~<;::~~~bing the agency', grievance pro- x x which officials and employees are designated and disclosure categories - cedure.itSpmpose. and how itmaybeused. which are set forth, are hereby mcocporated byreferenceandcoosutute the Con. procedure shall be in accordance with the provi- !lict of Interest Code of the Department and CotIIIIllssion of Housing and ,ioos of Amele 5, x x Community Development Designated employees shall file statements of economic interests with . . the agency who will make the statements available for public inspection Subchapter 2. California Low-lncome and reproduction, (Gov, Code Section SIOO8). Upon receipt of the state. Home Management Training Program ments of the Director. the ageocy shall make and retain a copy and for. ward the original of these statements to the Fair Political Practices Com. NOTE. Authorityciled, Section' 41226 and 50626. Health and Safety Code. Ref. tnlSSton. ereoceo Seotion, 41220-41229 and ~0625-5O629. H..lth and Safety Code. NolE Authority c,ted, Sectioo 87300. Governmeot Code. Reference: Soctions STORY 8100t, 87300 and 87311. GovemmeotCode. I. Renwnbering from Chapter I. Subchapter 4 (Sectioos 1500- t520. not con=. HISTORY tive) to Chapter 6, Subchapter 2 (Soctions620Q...<;220, not consecutive) filed I. I'ew ,ubchapte, 5 ("ction, 650Q...<;510 and Appendim A. B and C) filed 1~28-77 as procedural and orgaruZ3uonat effect,ve upon filmg (Reg"ter 77. 2-17-78oeffective thirtieth day thereafter. ApprovedbyFairPoliticalPracum 1'0,5). For prIor h"tOry...e Reg"ter 76. No, 18. Commim"" 10-4-77 (Register 78, No.7). 2. Repealer of Subchapter 2 (Amel" 1-2. Sectio", 620Q...<;220. ootc~os.'CUtive) 2. Repealerohubchapter 5 (sections 650Q...<;51O and Appeodic" A-":) and new filed 6-19-80; effec"ve tJtirueth day thereafter (RegIster 80. No. ...5). subchapter 5 (,""",on 6500 and Append",) filed 2-26-81; effecuve thirtieth day thereaft". Approve<i by Fair Political Practices Commission 12-1-80 (Reg"ter8I,No,9). Subchapter 3. Housing Element Guidelines 3, Repealer ohubchapter 5 (..ction 6500 and Appendix) and new ,ubchapter 5 (section 6500 and Appendices A and B) filed 3-19-85; effeotive upon filing NolE Authority cited, Section 50459, H..lth and Safety Code: and Section PU"Dant to Governmeot Code section 11346,2(d), Approved by Fau Poliucal 65302(c), Governmeot Code, ReferenC." Section 65302(c). Governmeot Code. Practice, Commission 2-13-85 (Register 85, No, 12). - HtSTORY 4. Amendment of Appeodic" A and B filed 11-17-89; operative 12-17-89, Ap- I. Renwnbering from Chapter I.Subchapter5 (Sections 1600-1650.00tcon..cu. proved by Fair Political Practic" Commimon 5-25-89 (Register 89.1'0. 47), uve) to Chapter 6. Subchapter 3 (Socuons 63()(}..{;350. oot coosecutive) filed 5, Ameodmentfiled 2-18-92: operative 3-19-91. Subm,ned tOOAL for printing 1-28-77., procedural and organlZ3"onat effective upon filing (Regi'ter 77. only,ApprovedbyFairPolitica1PracticesCommlsSloo 12-17-91 (Reg"ter92, No.5). Forpriorh"tOry...e Regi'ter76, No. 50, No. 12), 2, I'ew SubchapterJ. Amel" 1-3 (Sections 630Q...<;350. not consecuuve) refùed 6, Change without regulatory effect amending ..cond paragraph of section. and 4-1-77., an emergency, d"ignated effective 4-5-77 (Regi,ter 77, No. 14). affiendingAppendixAandB filed6-27-96pu"DanttO..cuon 100."ùe I,Cal. Page 279 A -02. 9 R..',~9ó.No.2."'2S-9ó § 6500 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 iforn.. Code of Regulation' (Regi"" 96. ~o, 26). Approv'" by Fair Political The D~oclDr may d","nine in writing that a particular CO",UltanL dthouoh a Pracum Comm",ion 5-1-96. -deS!gnatod p",ition-, ishirod to I"rfOtm a range ofduuos that is limn'" in "'01" Appendix A and thus IS oot "qu~od to fully """ply with the dISClosure "qult'Omeo~ in thIS ..cUon, Such wrmen detotminauon mall include a description of the consultant duuos and ba..d upon that descripuon. a statomen! of the "toot of disc!osw. ,,- Designated Positions quiromeots, The DIt'Octor's detotmin.tioo is a public ,ocord and mall b< "tain'" Persoos in Ibe following classes or positions are designated employees for public inspoetion in the same mann" and locations os this conflict of into"S! code.- and shall make Ibe IYpes of disclosures set fom in Ibe disclosure calegory NOTIC Authority citod, SOCtlOO 87300, Goverorneot Code, Ref....oc" Sections listed opposite the posiLion, 87300-87311. Goverorneot Code. DISCLOSURE Appendix B CLASS OR POSITION CATEGORY Officeo(rheDirecro, Disclosure Categories D~ectoc Chief Deputy Diroctor: Deputy, D~ec!ors: Financial interests of employees holding posiLioos designated in this Assistant to the DIt'Octoc Assistant Diroctor for Extomal Affairs, Am'tant for Policy Development I section are to be reported in statements of economic interests as follows StaffServim Manager (all levels): Designated Employees in Category I must report Associatod Governmental Program Analy" 3 (a) All investments and any business posiúoos in any business enLity: LegolOffice (b) All sources of income: (c) All interests in real property (excludingone's primary personal res- Ch"fCounsellDeputy Diroctoc Staff Counsel (allleveI.):, t idence), Di,Ùion of AdminiSlrorio" and ManagemenJ Designated Employees in Category 2 must report DeputyDiroctor",..,.,........"... I (a) All investments. business posiúoos in. or sources of income from StaffServim Managers (all levels): Data Processing Manager (alll"els): anyenúty of the type which has. in any manner. been affected by or sub- Staff Programmer Analyst Stafflnfotmatioo Sy>toms Analyst ject to departmental regulaúoos or policies (excludingregulaúoos or po- Assoc..to Prognmmer Analys~ (Spec, & Supv.) licies regarding building or energy standards). Assoc, Infotmatioo Systoms Analy,ts (Spec, & Supv,) Accouoting AdntiOlstrators (all IeveI.): (b) All investments. business posiúons in or sources of income from Accounting Officers (all levels): Accounting Analys~ (all Ievel,): any entity engaged in the design of, development orrehabilitatioo of. sale Business Service Officers (all levels): Business Service AssIstant or purchase of. or investment in real propeny. manufactured or factory- Associato Governmental Program Analy'~: Staff Servim Analy"s (except in the Personnel Office): built housing. Management ServIceS Technician: Business Managemeot. .3 (c) All investments. business posiLions in or sources of income from Legiswri" Di,'ision any entity engaged in the design. developmenL rehabilitation. or con- Deputy OIrectoc Assistant Deputy DIt'Octor, ........... ,I strtlction of public faciliLies, StaffServicos Managers (all levels): (d) Any interest in real property (excluding one's primary persooal Associato Goveromental Program Analy>t residence) situated in any jurisdiction receiving or eligible for funding StaffServ;cosAnaly""".'. .,..,..... .2&3 from ortbrough the section to which the designated employee is assigned. Audir Di,ision (e) Investments. business positions. or sources of income from any en- Chiet Staff Management Aud;toc titywhich is situated or doing business in anyjurisdictionreceivingoreli- Staff Services Managemeot Auditoc Associato Managemeot Auditors,.,.. 5 gible for funding from or through the section to which the designated em- Housing Policy De,,/opnu!nJ Di,ision ployee is assigned, Deputy Diroctor: Assi,taot Deputy Diroctoc Designated Employees in Category 3 must report Housing and Commuo;ty Development Managers (all levels): Housing and Community Development Sl"ciali,~ (all Ievels): Investments. business positions in. or sources of income from any Housiog and Community Development Repre..otatives (all Ievels): , ,I business entityofthe type which contracts with the department to provide Codes and Sra"d4rds Division or obtain supplies. materials. services, machinery, or equipment. Deputy Directoc Assistant Deputy Dirocloc Assistant Chief" ..... I Designated Employees in Category 4 must report Ci,il Eogineers (all Ievels): Investments. business positions. orsources of income from any busi- Codes and Standards Administrators (all Ievels): ness entity which has been subject tooraffectedby anyregulaLions or po- District Repre..ntativos (allle"ls): Staff Services Manager I: Associato Architoct: Mobilehome Reg;stration Manager: licies of the department relating to mobilehomes. manufactured homes. Mobilehome Registration Supervisor 111: factory-built housing. mobilehome parks. labor camps. recreaLiooal ve. Mobilehome Reg;'traúon Specialist. . .. 4 hicles. commercial coaches. or any olber programs or policies adminis- Commu"ily Affai" Divisio" tered by the division. Deputy D~ector: Assistaot Deputy D~ectoc Designated Employees in Category 5 must report Special Assistant to the Deputy Diroctor "."""".'.."""" I Investments in, income from, and positions held with husinessentitites Housing and Community Developmeot Rep"""tatives (all levels): which were the subject of an audit duriog the reponing period. If the ern- Housing and Commuruty Development Sl"c;alis~ (all levels): California Indian Hoosing Rep"sentatives (all levels): ployer has not parúcipated in an audit duriog the reponing period. If the California Ind,an Housing Managers (all levels): employee has not parúcipated in an audit during the course of the repon- Housing and Community Development Manage" (all levels): ing period in which he or she has a fmandal interest, then the employee Assoc;a.. Governmental Program Analysts: Managemeot S""ices TecIutiCJans: shall sign a statement to that effect under penalty of perjury, Such state- Staff Serv ices Analys~: menl shall be flied and processed as though it were the disclosure State- Housing Construction and Rehabilitation Sl"cialis~: ment required by the Standard Code, An employee who participated in Loan and Grant Commmee Members. .. . . . .. . . , . , , , ,.. 2 an audit in which he or she has a ftnaDciai intereslshall disclose thatinter- est as described above. but such statement shall be delivered to the filing Consultants' offer who will file the statement as a public record, 'Consultan~ shall disclose pursuant to the broadest d;sclosure catogory in the NoTIC Authority citod: Section 87300, Goverorneot Code. Refmoce, Sections code subject to the following limitation, 87300-87311, Goveromeot Code. * * * Page 280 A -.3.-0 -"..,96,"°,'."""96 (1) Expressed in writing his willingness to surrender possession of the property on or after a stated date. (2) Withdrawn any portion of the deposit. (b) The order for possession shall: (I) Recite that it has been made under this section. (2) Describe the property to be acquired, which description may be by reference to the complaint. (3) State the date after which plaintiff is authorized to t3ke possession of the property. Unless the plaintiff requests a later date, such date shall be the date stated by the defendant or, if a portion of the deposit is withdrawn, the earliest date on which the plaintiff would be entitled to t3ke possession of the property under subdivision (c) of Section 1255.450. 1255.470. By t3king possession pursuant to this chapter, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new ttial. 1255.480. Nothing in this article limits the right of a public entity to exercise its police power in emergency situations. Aooendix 16 Government Code. Section 6063 6063. Publication of notice pursuant to this section shall be once a week for three successive weeks. Three publications in a newspaper regularly published once a week or oftener, with at least five days intervening betWeen the respective publication dates not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the tWenty-first day, including therein the first day. Appendix 17 Government Code Section 6066 6066. Publication of notice pursuant to this section shall be once a week for tWo successive weeks. Two publications in a newspaper published once a week or oftener, with at least five days intervening betWeen the respective publication dates not counting such publication dates. are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day. ApDendix 18 Government Code Sections 7260 - 7277 7260. As used in this chapter: C Stradling, Yocca. Carlson & Rauth, 1998 A-27 A -:3 { (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 oilier political subdivision or public corporation in the state or any entity acting on behalf of these agencies when acquiring real properry, 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, parmership, corporation, limited liability company, or association. (c) (1) "Displaced person" means both of the following: (Ä) Any person who moves from real property, or who moves his or her personal property from real properry, either; (i) As a direct result of a written notice of intent to acquire or the acquisition of the real properry, 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, in any case in which 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 shall 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, eirher: (i) As a direct result of a written notice of intent to acquire or the acquisition of other real properry, 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 rhe rehabilitation, demolition, or oilier displacing activity as the public entity may prescribe under a program or project undertaken by a public entity, of oilier real property on which the person conducts a business or farm operation, in any case in which rhe public entity determines that the displacement is permanent. (2) The definition contained in 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 orherwise empowered to acquire the property to carry out the public use. Except persons or families of low and moderate income, as defined in Section 50093 of the Health and Safety Code, who are occupants of housing which 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: ( (A) Any person who has been determined to be in unlawful occupancy of the displacement dwellings. 0 Stradling. Yocca, Carlson & Rauth, 1998 A-28 /I-.3~ .... - --.. -.. (B) Any person whose right of possession at the time of moving arose after the date of the public entity's acquisition of the real property, (C) Any person who has occupied the real property for the purpose of obtaining assistance under this chapter. (D) In any case in which the public entity acquires property for a program or project (other than a person who was an occupant of the property at the time it was acquired), any person who occupies the property for a period subject to tennination when the property is needed for the program or project. (3) (A) Notwithstanding Section 7265.3 or any other provision of law, a person who is temporarily displaced for not more than 180 days, and who is offered occupancy of a comparable replacement unit located within the same aparonent complex that contains the unit from which he or she has been displaced, shall not be deemed a "displaced person" for the purposes of this chapter. This paragraph shall be applicable only if all of the following conditions are complied with: (i) All other financial benefits and services otherwise required under this chapter are provided to the tenants temporarily displaced from their units. (ii) The resident is offered the right to rerum to his or her original unit, with rent for the first 12 months subsequent to that rerum 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, (iii) 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, and the estimated period of displacement is reasonable. (iv) The property is a qualified affordable housing preservation pfoject. (B) For the purposes of this paragraph: (i) "Aparonent complex" means four or more residential rental units subject to common ownership and financing that are also located on the same or contiguous parcels. (ii) "Qualified affordable housing preservation project" is any complex of four 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 shall have, at the time of the recordation of the regulatory agreement required by this section, 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 of California. In addition, a project shall be defined as a qualified affordable housing preservation project only if the beneficiary of the regulatory agreement elects this designation by so indicating on the regulatory agreement. (d) "Business" means any lawful activity. except a farm operation, conducted for any of the following: . Stradling. Yocca.. Carlson & Rauth. 1998 A-29 ;4-.33 -- ... .. (1) Primarily for the purchase, sale, lease, or rental of personal and real property, and for the manufacrure, 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 ~d 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 concributing materially to the operator's support. (I) "Affected property" means any real property which 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 inscruments, if any, secured thereby. (i) "Comparable replacement dwelling" means any dwelling that is all of the following: (I) 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 3D 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 I, 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 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 C Stradling, Yocca. Carlson & Rauth. 1998 A-3D /1-.3" .. -.. ... 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 wrinen 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 promulgated thereunder. (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 submined prior to January 1, 1998, to the Department of Housing and Community Development or to a local relocation comminee, 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 promulgated thereunder. (H) The displaced person is covered by, or resides in an area or project covered by, a proposed relocation plan that was submined prior to January 1, 1998, to the Deparunent of Housing and Community Development or to a local relocation comminee, or for which notice was provided to the public or to occupants of the property prior to January I, 1998, pursuant to this chapter and the regulations promulgated thereunder, 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. (1) 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 I, 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 type and quality of construction. Comparability under this paragraph shall not require strict adherence to a detailed, featUre-by-featUre comparison. While a comparable replacement dwelling need not possess every featUre of the displacement dwelling, the principal featUres shall be present. (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 persons dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment. . Stradling. Yocèa, Carlson & Rauth. 1998 A-,3S" A-31 -.. OJ "Displacing agency" means any public entity or person carrying out a program or projeçt which causes a person to be a displaced person for a public projeçr. (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. (I) "Small business" means a business as defined in Pan 24 of Title 49 of the Code of Federal Regulations. (m) "Lead a¡¡ency" means the Department of Housing and Community Development. 7260.5. (a) The Legislature finds and declares the following; (I) Displacement as a direct result of programs or projeçts undertaken by a public entity is caused by a number of activities, including rehabilitation, demolition, code enforcement, and acqUlslUon. (2) Relocation assistance policies must provide for fair, uniform, and equitable treaanent of all affeçted 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 treaanent 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 projeçts 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: (I) 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 treaanent under this chapter. C (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 C Stradling. Yocca. Carlson & Rauth, 1998 A-32 A-3io .. federal, state, and local government programs for accomplishing these goals. (4) The policies and procedures of this chapter shall be administered in a manner which is consistent with fair housing requirements and which assures all persons their rights under Title VlI1 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 increas~s, and that also receive state funds for renovation and rehabilitation involving the 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 (I) 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: (I) Determine and make timely recommendations on the needs and preferences, if any, of displaced persons for relocation assistance. " Stradling, Yocea. Carlson & Rauth, 1998 A-32.l ,11-37 (2) Provide cu~ent and continuing information on the avaHability, 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 general1y 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 fol1owing: (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~e~ federal and state programs 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 tenn 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 unifonn and effective adnúnistration of relocation assistance programs for displaced persons --- .-- under this chapter, a public entity may enter into a contract with any individual, flC1T1, association, or corporation for services in connection with such program, or may carry out its functions under SYCR 1994 A-33 A-3~ -.- .. . -..- " .. this chapter through any federal, state, or locaJ govemmentaJ agency having an established { organization for conducting relocation assistance programs. Arty public entity may, in carrying out its relocation assistance: activities, utilize the services of state or locaJ housing agencies or other agencies having experience in the administration or conduct of similar housing assistance activities. 7262. (a) Whenever a program or project to be undertaken by a public entity will result in the displacement of any person, the displaced person is entitled to payment for actual moving and related expenses as the public entity determines to be reasonable and necessary, inc1uding 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 equa! 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 do11ars ($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) Arty 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 1e3d 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. (c) Arty displaced person who moves or discontinues his or her business or farm operation and electS to accept the payment authoÖzed 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 do11ars ($20,000). In the case of a business, no payment sha11 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 inc1udes 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 bÿ this subdivision, the business or farm operation shall make available its state income tax records, financial statements, and SYCR 1994 A.34 A -3Cf accounting records, for confidential use pursuant to an audit to detennine the payment pursuant to this subdivision. In regard to an outdoor advenising display, payment pursuant to this subdivision shaH be limited to the amount necessary to physicaHy 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 shaH not be less than one thousand doHars ($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 shaH not qualify for a payment under this subdivision. (d) Wheneyer 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 shaH 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); (I) 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. 7262.5. (a) Notwithstanding Section 7265.3 or any other provision of law, tenants residing in any multifamily rental project of four or more units who are displaced from the project for a period of 180 days 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 deemed permanently displaced if all of the following criteria are satisfied: (1) All other financial bene firs and services otherwise required under this chapter are provided to the tenanrs temporarily displaced from their unirs, including relocation to a comparable replacement unit. (2) The resident is offered the right to return to his or her original unit, with rent for the first 12 months subsequent to that return being the lower of the foHowing: up to 5 percent higher than the rent at the time of displacement; or up to 30 percent of household income, (3) The estimated time of displacement is reasonable, and the project is a qualified affordable housing preservation project, (b) For the purposes of this section, "qualified affordable housing preservation project" '0 SlradIiog, YOCC:l', Carlson & Rauth. 1998 A-35 /1--10 -.. . - shall have the meaning set forth in subparagraph (B) of paragraph (3) of subdivision (c) of Section 7260. 7263. (a) In addition to the payments required by Section 7262, the public entity. as a pan 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 acwally 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 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 .c and the lesser of the remaining term on the acquired dwelling or the acwal 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 acwal interest rate on the replacement property. The amount shall also include other reasonable debt service costs incuITed 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 incuITed 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: (, C Stradling, Yocca. Carlson & R.1uth. 1998 A-36 A-4( '. -. ... - (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 fulfills 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 Legislarure 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 Deparunent of Health, Education, and Welfare, shall be deemed a purchase of the condominium. 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 acrually 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 nO! 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 nO! 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, ~ Stradling, YocÒ. Carlson & Rauth. 1998 A-37 A- 1.,)., -- (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 thar 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 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. ( < SlradlJOg, Yocc~: Carlson & Rauth, 1998 A-38 fi - 43 --- (c) The payment, not"to exceed tWenty-two thousand five hundred dollars ($22,500), shall be the amount, if any, which equals the actual dedine in the fair market vaJue 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 actuaJ decline in fair market vaJue of affected property shall be detennined a=rding to rules and regulations adopted by the public entity pursuant to this chapter. The rules and regulations shaJllimit payment under this section only to those circumstances in which the decline in fair market vaJue 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 MlO moves from a dwelling or who moves or discontinues his business, as a result of impending rehabilitation or demolition of a residentiaJ or commerciaJ 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 aJso 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 annuaJly based on actual rental increases, and may be paid monthly or annually. A public entity may aJso give priority to a person who moves from a dwelling, or who remains in a dwelling during rehabilitation, in utilization of local, state, or federaJ rental assistance programs, either to enable the person to pay increased _re~ts_()L~~~:~ other suitable.hous~g_~- -- -- - -- ---.----- ------------- - --------. A public entity assisting in the fmancing of rehabilitation may provide some or aJI of the payments authorized by this section as pan 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 shaJl 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, Mlose 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 partiaJly fmanced or assisted with public funds provided by or through the public entity. (c) A public entity shaJI provide temporary housing for up to 90 days to persons displaced by rehabilitation work which is Mlolly or paniaJly fmanced or assisted with public funds provided by or through the public entity. ( , (d) A person displaced by rehabilitation work which is Mlolly or paniaJly financed or assisted with public funds provided by or through the public entity shall, as a condition of the /I-1{ -- ( ~ flI\aI1cing or assistance, be given the option of relocating, after rehabilitation, in the dwelling from which the person was displaced: (e) A public entity may linút the amounts of payments made pu!õuant 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. --.-- - --------- (I) 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 on the eligibility for, or the amount of, a payment authorized by this chapter. (b) Arty 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 aüthorized 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 Section 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. '. SYCR 1994 A-1O /1- t./~ (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 ad~pting ares~lut¡on of necessity pursuant ~SecÙonï245'-230 anc(iiiTtiãï¡ng-- negotiations for the acquisition of real property. the public entity shall estabJish 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 pubJic 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. 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. 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, Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated. (b) Notwithstanding subdivision (a), a public entity may make an offer to the owner or owners of record to acquire-real-property-for-Iess-than an amount -which -it-believes -to bejust compensation therefor if (I) 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 çompensarion 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. (c) A5 used in subdivision (b), 'offered for sale' means any of the following: (I) 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 developmentoLa pubJic_irnpr9yell1ent.shalJJ?~_So_s~C(!uJ~--- ,. 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 /1-4' ~~ 1QQ4 A-A1 or farm operation, without at least 90 days' written notice from the public entity of the date by which I 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 shaH not exceed the fair renla! 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 deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property . 7267.6. If any interest in real property is to be acquired by exercise of the power of eminent domain, the public entity shall institute formal condemnation proceedings, No public entity shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property. 7267.7. (a) If the acquisition of only a portion of a property would leave the remaining portion ï'n 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 perso'n whose real property is being acquired in accordance with this chapter may, after the person has been fully informed of his or her right to receive just compensation for the property, donate the property, any part thereof, any interest therein, or any compensation paid therefor to a public entity determined by the person. 7267.8. -- - (a) All public entities shall adopt rules and regulations to implement payments and to administer relocation assistance under this chapter. These rules and regulations shall be in accordance with the rules and regulations adopted by the Department of Housing and Conununity 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. [See also Health and Safety Code, Section SO46QS] 7267.9. (a) Prior to the initiation of negotiations for acquisition by a public entity or public utility of nonprofit, special use property, as defmed by Section 1235.155 of the Code of Civil Procedure, ----- C the acquiring public entity or public utility shall make every reasonable effort to seek alternative property which is other than nonprofit, speciaJ use property. However, this requirement shall not SYCR 1994 . A-42 A-41 . - - ---- .---. 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 pr~ings commenced by a public entity or public utility to acquire rea! property or any interest in real property for the use of water, sewer, electricity, telephone, nawral 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. 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 sha1l be considered as income or resources to any recipient of public assistance and such payments sha1l 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 InstiMions 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 S (commencing with Section 17000) of Division 9 of the Welfare and InstiMions 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 shaH 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 havetomake .otherrelocaû°n.. -.-. ~ assistance payments, or to make any relocation assistance payment in an amount which exceeds the - maximum amount for such payment authorized by this chapter. )1-~~ SVCR 19')4 LA' _.- ... - _.. My public entity may, also, make any other relocation assistance payment, or may make any relocation assistance payment ín an amount which exceeds the ma.ximum 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 federaJ funds. 7272.S. 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 a city to compensate displaced persons for their moving expenses because of the construction of city highways or streets. 7274. Section 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 a~ires 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 confonnity . with this chapter and the guidelines adopted by the Commission of Housing and Community Development pursuant tö Section 7268. - --------------- .~- (0) This section does not apply to public utilities which are subject to the provisions of Aniele 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 saJe by the owner, property being sold at exeçution or foreçlosure saJe, 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 saJe is not induced by public entity disposition, planned condemnation, or redevelopment of surrounding lands, and ¡fthe sales price is fair market value or less, as detennined 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 l 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. /1-<11 SYCR 1994 A-44 (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 foregoing. ADDendix 19 Government Code. Sections 8855 - 8855.5 8855. (a) There is created the Califorrua Debt and Investment Advisory Commission, consisting of nine members, selected as follows; (1) The Treasurer, or his or her designate. i \ (2) The Governor or the Director of Finance. (3) The Controller, or his or her designate. (4) Two local government finance officers appointed by the Treasurer, one each from among persons employed by a county and by a city or a city and county of this state, experienced in the issuance and sale of municipal bonds and nominated by associations affiliated with these agencies. (5) Two Members of the Assembly appointed by the Speaker of the Assembly. (6) Two Members of the Senate appointed by the Senate Committee on Rules. (b) (1) - The term of office of an appointed member is four years, but appointed members serve at the pleasure of the appointing power. In case of a vacancy for any cause, the appointing power shall make an appointment to become effective immediately for the unexpired term. (2) Any legislators appointed to the commission shall meet with and participate in the activities of the commission to the extent that the participation is not incompatible with their respective positions as Members of the Legislature. For purposes of this chapter, the Members of the Legislature shall constitute a joint interim legislative committee on the subject of this chapter. (c) The Treasurer shall serve as chairperson of the commission and shall preside at meetings of the commission. The commission, on or after January 1, 1982, and annually thereafter, shall elect from its members a vice chairperson and a secretary who shall hold office until the next ensuing December 31 and shall continue to serve until their respective successors are elected. . Stradliog, Yocea, Cariaco & Rauth, 1997 A-45 ;1-.S0 EXHIBIT "C" - TOWN CENTRE I REDEVELOPMENT PLAN FOR TOWN CENTRE I REDEVELOPMENT PROJECT AMENDMENT NO.5 . . Draft Redevelopment Plan Amendment No.5 . . . . . . . , . . Prepared for: City of Chula Vista Redevelopment Agency 276 Fourth Avenue Chula Vista, CA 91910 ~~ ,; D"~~\4=r,'èt~ ~~.. ~QIII.I.~f==r~' Roseoow Spevacek Group, loc, 540 N. Goldeo Circle, Suite 305 Santa Ana, CA 92705 Phooe 714.541.4585 760,967,6462 Fax 714.836,1748 E.Mail: RSGINCCA@aol.com ¡¡-Sf .... TABLE OF CONTENTS INTRODUCTION """""""""""""""""""""""""""'".................................................1 AMENDMENTS TO REDEVELOPMENT PLAN....................,...............................................2 I. Eminent Domain Limit.....................................................................................2 II. Time Frame to Incur Debt ................................................................................2 III. Plan Effectiveness.............................................................................................2 IV. Time Limit on Collection of Tax Increment.....................................................3 A-S;;¿ -.. INTRODUCTION This is the Fifth Amendment to Redevelopment Plan for the Town Centre I Redevelopment Project ("Amendment 5"), located in the City of Chula Vista, County of San Diego, State of California. This Amendment 5 has been prepared by the Chula Vista Redevelopment Agency ("Agency") pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, ~ ~.) ("Redevelopment Law"), the California Constitution and all applicable laws and ordinances. Amendment 5 is based upon the Preliminary Plan for Amendment No.5 to the Town Centre I Redevelopment Plan formulated and adopted by the Chula Vista Planning Commission and the Agency on July 23,1997 and October 7, 1997, respectively. Amendment 5 amends the existing Redevelopment Plan for the Town Centre I Redevelopment Project ("Project"), originally adopted on July 6, 1976, and most recently, amended on November 8, 1994 ("Existing Plan"). Amendment 5 will amend the Existing Plan as follows; 1. Extend, to July 2010, the time frame within which the Agency may Commence eminent domain proceedings to acquire property in the Town Centre I Redevelopment Project Area ("Project Area"), 2. Extend, to January 1, 2004, the time frame within which the Agency may incur indebtedness on behalf of the Project, 3. Extend, to July 6, 2016, the effectiveness of the Existing Plan, 4. Extend, to July 6, 2026, the time period within which the Agency may collect tax increment revenue on behalf of the Project, The Existing Plan was originally adopted by the City Council by Ordinance No. 1691 on July 6, 1976. Since this action, the Existing Plan has been amended on four separate occasions. On July 17, 1979, the City Council adopted Ordinance No. 1872 that merged the financial provisions of the Existing Plan with the Bayfront Redevelopment Plan. On April 22, 1986, the City Council adopted Ordinance No. 2146 that amended the Existing Plan for a second time by enacting new time limits to enact eminent domain and incur debt, while establishing a cumulative tax increment limit. Amendment No.3 was adopted by the City Council on January 4, 1994 by Ordinance No. 2585, when the City Council amended the tax increment and bonded indebtedness limits for the Project. The fourth amendment to the Existing Plan occurred on November 8, 1994, when the City Council adopted Ordinance No. 2609 that established a time limit on the collection of tax increment. Rosenow Spevacek Group, Inc. 1 ¡:¡ -S3 Chu/a Vista Redevelopment Agency April, /998 Draft Amendment No.5 to the Town Centre I Redevelopment Plan _. ...- AMENDMENTS TO REDEVELOPMENT PLAN I. Eminent Domain Limit The Existing Plan's time limit for the commencement of eminent domain proceedings, as established by Ordinance No. 2146, is hereby amended as follows; Except as otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance adopting Amendment 5. II. Time Frame to Incur Debt The Existing Plan's time limit on incurring debt, as established by Ordinance No. 2146, is hereby amended as follows; Notwithstanding any other provision of this Plan, and except as provided in this Section and Section 33333.6(a), (g), and (h) of the Redevelopment Law, or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the Agency to finance in whole or in part the Project shall be established or incurred after January I, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. This limit shall not prevent the Agency from incurring debt to be repaid from the low and moderate income housing fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33413 of the Redevelopment Law. In addition, this limit shall not prevent the Agency from refmancing, refunding, or restructuring indebtedness after January I, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. III. Plan Effectiveness The Existing Plan's effectiveness, as established by Ordinance No, 1691, is hereby amended as follows; Except for the nondiscriminåtion and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on July 6, 2016. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness, collect tax increment revenue, and enforce existing covenants, contracts, or other obligations. Rosenow Spevacek Group, lnc. A - s-r.! Chula Vista Redevelopment Agency April,1998 2 Draft Amendment No.5 to the Town Centre [ Redevelopment Plan -.. ... - --- IV. Time Limit on Collection of Tax Increment The Existing Plan's time limit on the payment of indebtedness or receipt of tax increment, as established by Ordinance No. 2609, is hereby amended as follows: Notwithstanding any other provision of this Plan, and except as provided in this Section and Section 33333.6(a), (c), (g), and (h) of the Redevelopment Law, or as otherwise permitted by law, the Agency shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after ten (10) years beyond the effectiveness of this Plan or July 6, 2026. These limitations shall not be applied to limit the allocation of taxes to the Agency to the extent required to eliminate project deficits created under subdivision (g) of Section 33334.6 of the Redevelopment Law in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a housing program requirement pursuant to Section 334 I 3 of the Redevelopment Law. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Section 33401 of the Redevelopment Law, authorized by the City Council, or the Agency pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the Agency to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 3 Il-ss- Draft Amendment No.5 to the Town Centre I Redevelopment Plan -.. ...- ~" , EXHIBIT "0" - TOWN CENTRE I PRELIMINARY REPORT FOR TOWN CENTRE I REDEVELOPMENT PROJECT AMENDMENT NO.5 -.. ... ...- Preliminary Report . . . . . , . . . , Prepared for: City of Chula Vista Redevelopment Agency 276 Fourth Avenue Chula Vista, CA 91910 ".~..\, CJ~- ~\'4=-'.,.;,!-~ ~_~cJllll. ~'. ~" Roseoow Spevacek Group, Inc. 540 N. Goldeo Circle, Suite 305 Santa Ana, CA 92705 Phooe 714541.4585 760.967,6462 Fax 714,836.1748 E-Mail: RSGINCCA@aol.com /1- ~~ -.. .. .. - _.. PRELIMINARY REPORT FOR THE TOWN CENTRE I REDEVELOPMENT PROJECT - AMENDMENT NO.5 TABLE OF CONTENTS Page INTRODUCTION.........................................................................................................................i SECTION A The Reasons for the Amendment General Characteristics ......................,........."................................................................A-l Reasons for the Selection of the Project Area................................................................A-2 Agency's Accomplishments Within the Project Area ...................................................A-2 Reasons for the Amendment..................................................................,.......,..,............A-3 SECTION B A Description ofthe Physical and Economic Blighting Conditions Existing in the Pr()ject Area ..................................................................................................................................,.....8-1 SECTION C A Determination as to Whether the Project Area is Predominantly Urbanized................ C-l SECTION D A Preliminary Assessment ofthe Proposed Method of Financing, Including the Economic Feasibility and the Reasons for the Division of Tax Increment General Financing Methods Available to the Agency ...................................................D-l Projected Tax Increment Revenues................................................................................D-4 Economic Feasibility Analysis ......................................................................................D-8 Reasons for the Provisions of Tax Increment................................................................D-8 SECTION E A Description ofthe Projects Proposed by the Agency........................................................ E-l SECTION F A Description of How the Proposed Projects Will Improve and Alleviate Blighting Conditions..................................................."...................,....................................."................. F-l A-S7 -.. .. - PRELIMINARY REPORT FOR THE TOWN CENTRE I REDEVELOPMENT PROJECT - AMENDMENT NO.5 LIST OF TABLES TABLE D-l Projected Tax Increment Revenues with Amendment TABLE D-2 List of Affected Taxing Agencies TABLE D-3 Projected Economic Benefit of Amendment A -~-<g _.- ...- INTRODUCTION Established by the City Council on October 24, 1972, the Chula Vista Redevelopment Agency ("Agency") is responsible for oversight of the five redevelopment projects in the City of Chula Vista ("City"). One of these projects is the Town Centre I Project ("Project"), which was initiated on July 6, 1976, by Ordinance No. 1691 that adopted the original Redevelopment Plan for the Town Centre I Redevelopment Project ("Original Plan") and established the Town Centre I Redevelopment Project Area ("Project Area"). Since its inception, the Original Plan has been amended on four separate occasions, most recently in November 1994. The Original Plan, as amended ("Existing Plan"), has guided the Agency's redevelopment program in the Project Area to date. Since 1976, the Agency has targeted its redevelopment efforts to mitigate specific physical and economic blighting conditions in the Project Area. Despite the success of these efforts, full redevelopment of the Project Area is not yet complete. Unfortunately, continued redevelopment of the Project Area is inhibited by limitations in the Existing Plan. To remedy the Existing Plan's constraining provisions, the Agency seeks to undertake a series of technical amendments as a means to complete its redevelopment program in the Project Area. On October 7, 1997, the Agency accepted and approved the Preliminary Plan for Amendment No.5 to the Town Centre I RedeveloDment Plan. This action initiated proceedings to amend the Existing Plan ("Amendment") as follows: 1. Extend, to July 2010, the time fÌ'ame within which the Agency may commence eminent domain proceedings to acquire property in the Town Centre I Redevelopment Project Area ("Project Area"), 2. Extend, to January I, 2004, the time frame within which the Agency may incur indebtedness on behalf of the Project, 3. Extend, to July 6, 2016, the effectiveness of the Existing Plan, and Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 i f9"n Centre I Amendment No.5- Preliminary Repol1 /I-:S -. ... - 4. Extend, to July 6, 2026, the time period within which the Agency may collect tax increment revenue on behalf of the Project. Upon adoption of the Amendment, the Amended Redevelopment Plan for the Project ("Plan") will guide all future redevelopment activities, projects, and programs in the Project Area. However, the Amendment will not affect the Agency's outstanding obligations or indebtedness nor will it add territory to, or remove territory from, the Project Area. Authorization for this Amendment The California Community Redevelopment Law, Health and Safety Code Sections 33000 et. ~, ("Law") provides redevelopment agencies with the authority to undertake revitalization efforts in blighted areas in the community. As defined by the Law, redevelopment includes the rehabilitation, reconstruction, and improvement of existing structures; the provision of public improvements; and the replanning or redesign of blighted properties within a project area. The Law permits redevelopment agencies to amend redevelopment plans, subject to the preparation of documents by the agency to substantiate the need for such an amendment, the convening of an agency/city council public hearing, and the consideration and adoption of an amending ordinance by the city council. This is the Preliminary Report for the Amendment ("Preliminary Report"), which outlines the reasons for the Amendment, and details the Agency's proposed redevelopment program to be implemented through the Plan. Upon the completion of this Preliminary Report, as well as the Draft Environmental Impact Report, Amended Relocation Plan, and Draft Amendment, the Agency will initiate discussions with the affected taxing entities, the Project Area Committee, the Planning Commission, and the community-at-large as to the scope and nature of the proposed Amendment. Following these discussions, the Agency will incorporate this input into the Report to Council and Final Environmental Impact Report. These documents will be used to substantiate and document the Amendment, which is scheduled to be considered by the City Council after a noticed Agency/City Council public hearing tentatively scheduled for June 1998. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency Aprü, 1998 ii Town Centre I Amendment No.5 - Preliminary Report .A -CoO _.. .. - This Preliminary Report has been divided ilito the following sections: SECTION A. The Reasons for the Amendment. SECTION B. A Description of the Physical and Economic Conditions Existing in the Project Area. SECTION C. A Determination as to Whether the Project Area is Predominantly Urbanized. SECTION D. A Preliminary Assessment of the Proposed Method of Financing, Including the Economic Feasibility and the Reasons for the Division of Tax Increment. SECTION E. A Description of the Projects Proposed by the Agency. SECTION F. A Description of How the Proposed Projects Will Improve and Alleviate Blighting Conditions. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 iii Town Centre I Amendment No.5- Preliminary Repol1 ¡I-f> I -.. SECTION A The Reasons for the Amendment This section of the Preliminary Report describes the Project Area, highlights the Agency's redevelopment activities to date, and outlines the reasons for the proposed Amendment. General Characteristics GeograDhic Location The Project Area is located in the City of Chula Vista ("City"), San Diego County, California. Situated along the San Diego Bay in southwestern San Diego County, the City is adjoined by the City of National City to the north, the City of San Diego to the south, the San Diego Bay to the west, and unincorporated San Diego County to the east. The City was incorporated in 1911 and is approximately 32,066 acres in size. The Project Area is located in the City's historic downtown along Third Avenue. The Project Area is generally bounded by E Street to the north, I Street to the south, Del Mar A venue to the east, and Fourth Avenue to the west. The Project Area is 138.54 acres in size, and constitutes approximately 0.4% of the total area of the City. The primary land uses within the Project Area are commercial, public, and residential. Depicted on Exhibit A-I, the Project Area is 138.54 acres in size, or approximately 0.4% of the total area of the City. The proposed Amendment would not add property to, or delete property from, the Project Area. Reasons for the Selection ofthe Project Area According to the Original Plan, redevelopment of the Project Area was necessary to address the following problems: Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 A-I Town Centre I Amendment No.5 - Preliminary Repol1 A -6 ";;- _.- ... - EXHIBIT A-1 Town Centre I Redevelopment Project Area Map - ' n- ~. '. R 0 S E NOW S Pfi:.tj K G R 0 U PiN C. -.. ...- . The underutilization and mixed character of land uses; . The prevalence of small lots that were inadequate for large-scale development and restrict the expansion of existing and compatible uses; . The design limitations in the basic layout and platting, the clutter of utility lines and signs, and an inadequate traffic circulation system; . The obsolescence, structural inadequacy, lack of architectural unity, and deterioration of buildings within the area; . The general decline and shifting nature of commercial activity within the area; and . The inadequate governmental revenue generation (property and sales tax) and an increasing need for public services within the area. Agency's Accomplishments Within the Project Area . Since the inception of the Project, over $100 million of combined private and public development dollars have been invested within the Project Area and have contributed toward the area's economic growth and physical improvement. . The Agency has participated in the following major new development projects that have been completed in the Town Centre I area over the past 15 years. (Participation includes certificates of participation, acquisition and consolidation of properties, financial assistance, expeditious development plan processing, etc.); ~ The Park Plaza consisting of a 59,000 square foot commercial center, 98 residential condominiums and 94 rental apartments, a six-plex movie theater, three freestanding restaurants, and a freestanding office building. ~ The South County Administration Center which houses Municipal and Superior courts and associated county offices that serve the South Bay. ~ Sharp Rees-Stealy medical building. ~ The Park Square II and the Adma commercial/residential mixed-use projects. ~ Third A venue public street and sidewalk improvements including landscaping and associated amenities. ~ Development of new and redevelopment of older public parking lots. ~ A 700-space public parking Structure in the Park Plaza. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 A-2 .¡.Town Centre I Amendment No.5 - Preliminary Repol1 ,/1-6 -.. . - ~ The renovation of MemoriaI Park and the construction of the Norman Park Senior Center. ~ Preparation of the 1993 Downtown Market Study to analyze the economic potential of the Project. ~ Various smaIl to medium remodeling and new construction projects completed by the private sector throughout the Project Area. ~ Acquisition of2.4 acres of property at Third Avenue and Alvarado Street and.5 acres of property at H Street and Third Avenue. Due to limitations of the Existing Plan, however, the Agency will not be able to adequately mitigate many remaining blighting conditions. These limitations jeopardize the Agency's ability to continue redevelopment projects, programs, and activities in the Project Area. The Amendment will enable the Agency to continue with the redevelopment program in the Project Area by modifying the Existing Plan's limits. The next section describes the scope of, needs for, and benefits of, the proposed Amendment. Reasons for the Amendment The Amendment would adjust four specific time limitations within the Existing Plan necessary to correct blight in the Project Area. These four amendments are described below; . Establish a new l2-vear time Deriod to commence eminent domain activities: The Existing Plan's time limit to commence eminent domain proceedings will expire on May 22, 1998. Since the Original Plan was adopted in 1976, the Agency has had the ability to acquire property by eminent domain. Although it has been sparingly used, eminent domain authority has been a necessary adjunct to land acquisition negotiations. In order for the Agency to continue to effectively implement projects involving land assembly, an extension on the time limit on eminent domain authority will be necessary. The Amendment would establish a new l2-year time frame within which the Agency may employ, as a last resort, eminent domain to acquire property to implement the Plan. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency Aprü, 1998 A-3 Town Centre I Amendment No.5 - Preliminary Report ,/I-l.S'" _.. . - . Extend time frame to incur debt from Julv 2001 to January 2004: The Existing Plan prohibits the Agency from incurring debt after July 6, 2001. After this deadline has been reached, the Agency may only collect tax increment revenue to payoff preexisting indebtedness. Incurring additional debt will be necessary to initiate any new redevelopment projects or programs funded from future tax increment revenues. Under Subsection 33333.6(a) of the Law, the Plan's time limit on incurring debt may be the later of20 years after adoption of the Original Plan (or July 6, 1996), or January 1, 2004. The Amendment would extend the Existing Plan's time limit on incurring debt to January 1,2004, as prescribed by Subsection 33333.6(a) of the Law. . Extend effectiveness of Existing Plan from Julv 2001 to Julv 2016; The Existing Plan's 25- year duration that is less than the 40-year duration permitted by Subsection 33333.6(b) of the Law. Under the Existing Plan, with the exception of collecting tax increment and repaying indebtedness, all redevelopment activities, including enforcement of land use controls and completion ofprojects, must cease by July 2001. Extending the Existing Plan's effectiveness will enable the Agency to continue an active redevelopment program for an additional 15 years, as permitted by Law. . Extend time period to collect tax increment revenue from Julv 2011 to Julv 2026; Subsection 33333.6(c) of the Law provides that redevelopment agencies may collect tax increment revenue for 10 years after a redevelopment plan's effectiveness has expired. In conjunction with the proposed Amendment's extension of the effectiveness of the Existing Plan to July 2016, the Amendment would also extend the time limit on the collection of tax increment revenue to ten years beyond the July 2016 effectiveness limit, or to July 2026. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 A-4 T()wn Centre I Amendment No.5 - Preliminary Repol1 IJ-~~ -.. . - SECTION B A Description of the Physical and Economic Blighting Conditions Existing in the Project Area The blighting conditions that were present when the Original Plan was considered in 1976 are delineated in the Original Plan. In general, the Agency concluded that the Project Area was plagued by serious physical and economic conditions that could not be reversed without redevelopment. These conditions included the following; . The underutilization and mixed character of land uses; . The prevalence of small lots that were inadequate for large-scale development and restrict the expansion of existing and compatible uses; . The design limitations in the basic layout and platting, the clutter of utility lines and signs, and an inadequate traffic circulation system; . The obsolescence, structural inadequacy, lack of architectural unity, and deterioration of buildings within the area; . The general decline and shifting nature of commercial activity within the area; and . The inadequate governmental revenue generation (property and sales tax) and an increasing need for public services within the area. The Law requires a reevaluation of the blighting conditions only if an agency proposes to amend a redevelopment plan by either extending the time limit to incur debt beyond January I, 2004, or increase the tax increment limit. Because the proposed Amendment neither would extend time limitations beyond January 1,2004, nor increase the Existing Plan's $84.0 million limitation on the number of dollars to be allocated to the Agency on behalf of the Project, a reevaluation of blight is not necessary or required for the proposed Amendment. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 B-¡ Town Centre I Amendment No.5 - Preliminary Report 1I-~1 -.. ... - SECTION C A Determination as to Whether the Project Area is Predominantly Urbanized For all redevelopment project areas established after January 1, 1984, Section 33320.1 of the Law requires that such areas be "predominantly urbanized" meaning that not less than 80 percent of the land in the project area: . Has been or is developed for urban uses; or . Is characterized by the existence of subdivided lots of irregular fonn and shape and inadequate size for proper usefulness and development that are in multiple ownership, or . Is an integral part of one or more areas developed for urban uses which are surrounded or substantially surrounded by parcels which have been or are developed for urban uses. Since the Project Area was established in 1976 (before the urbanization statute took effect), the Project Area is not subjected to this urbanization test. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 C-! Town Centre I Amendment No.5 - Preliminary Report A-fc,g -.- . - SECTION D A Preliminary Assessment of the Proposed Method of Financing, Including the Economic Feasibility and the Reasons for the Division of Tax Increment General Financing Methods Available to the Agency Redevelopment of the Project Area is proposed to be financed with a combination of a variety of resources, including: . Financial assistance from the City, County, State of California and/or Federal Government; 8 Tax increment revenue; . Bonded debt; 8 Proceeds from lease or sale of Agency-owned property; . Loans from private financial institutions; and 8 Any other legally available source. The more typical sources of redevelopment financing that may be employed with the Project are described below. Financial Assistance from the City. County. State. and/or the Federal Government Historically, the Agency has received loans and advances from the City for planning, construction, and operating capital for administration of the Project until such time that sufficient tax increment revenue is raised to repay loans and provide other means of operating capital. The City has also deferred payments on Agency loans for land purchases, to benefit the Agency's cash flow. Typically, such monies are used to meet short-term cash flow needs as the City's Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 D-I Town Centre I Amendment No.5 - Preliminary RepOl1 /1-69 -.. ... - "-"- General Fund cannot carry extensive levels of Agency debt at the risk of threatening the City's own cash balances. As available, other funds such as state gas tax funds and federal Community Development Block Grants were, and will continue to be used, as appropriate, to pay the costs of Project implementation. The Agency and City will also continue to work together to pursue other available grants and loans. The City or other public agencies may also issue bonds on behalf of the Agency and provide in-kind assistance. Proœrtv Tax Increment The Agency will continue to use property tax increment as provided for in Section 33670 of the Law, and is authorized in the Plan to employ tax increment fmancing to underwrite Project costs. Tax increment revenue may only be used to pay indebtedness incurred by the Agency; indebtedness includes principal and interest on loans, monies advanced, or debts (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, redevelopment activities. As a result of the adoption of Amendment No. I by Ordinance No. 1872 in 1979, the financial provisions of the Existing Plan were merged with the Bayfront Redevelopment Plan, pennitting the Agency to employ resources from both project areas to underwrite implementation costs in either project area. The Amendment proposes to extend the time period within which the Agency may collect tax increment revenue by IS years. Under the Existing Plan, the Agency is prohibited from receiving tax increment revenue after July 6, 20 11, except for the purposes of financing housing production obligations required by Section 33413 of the Law and indebtedness incurred prior to January I, 1994. The Amendment would extend this time limit to July 6, 2026. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 D-2 Town Centre I Amendment No.5 - Preliminary Report /1-70 -.. ..- The Amendment would not amend the Existing Plan's $84.0 million cumulative tax increment cap. According to the City Finance Department, a total of $56.6 mi 1 .of Project tax increment has been collected under the existing $84.0 million cap as of June 30,1997. Project tax increment revenues are distributed to an array of obligations. As required by Section 33334.6 of the Law, twenty percent (20%) of Project tax increment revenue is deposited into the Housing Fund for the purposes of increasing, improving, and preserving the community's supply of low and moderate income housing. The remaining 80% of the tax increment revenue will be used to pay for taxing entity obligations, debt service costs, and other implementation activities. Remaining nonhousing revenues will finance some of the proposed infrastructure capital facility and economic development programs within the Project Area. Bonded Debt Under the Plan, the Agency would have a capacity to issue bonds and/or notes for any of its corporate purposes, payable in whole or in part from tax increment revenue. Historically, bonded debt has been an integral component of the Agency's financing program to eliminate blight in the Project Area. The Agency has three outstanding bond issues which are funded in part by Project tax increment revenues; these bonds, which are obligations of both the Project and the Bayuont Redevelopment Project, are enumerated below: 1) 1994 Senior Tax Allocation Refunding Bonds, Series A 2) 1994 Subordinate Tax Allocation Refunding Bonds, Series C 3) 1994 Subordinate Tax Allocation Refunding Bonds, Series D Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 D-3 Town Centre I Amendment No.5 - Preliminary Repol1 /1-11 -. ".- The Amendment will not change the Existing Plan's $20.0 million limit on the amount of bonded debt principal which may be outstanding at anyone time. This $20.0 million will remain the same in the proposed Plan. Lease or Sale of Ae:encv-Owned ProDertv The Agency may sell, lease, or otherwise encumber its property holdings to pay the costs of Project implementation. ParticiDation in Development If the Agency enters into agreements with property owners, tenants, and/or other developers which provide for revenues to be paid or repaid to the Agency, such revenues may be used to pay Project implementation costs. Other Available Sources Any other loans, grants, or financial assistance from the federal government, or any other public or private source will be utilized, as available and appropriate. The Agency will also consider use of the powers provided by Chapter 8 (Redevelopment Construction Loans) of the Law to provide construction funds for appropriate projects. Where feasible and appropriate, the Agency may use assessment district and/or Mello-Roos bond financing to pay for the costs of public infrastructure, facilities, and operations. Projected Tax Increment Revenues Project implementation, and specifically new development throughout the Project Area, will generate tax increment revenue. Tax increment revenue is generated by increases in the assessed value exceeding the 1975-76 base year assessed value of the Project Area. (The Amendment will not affect the base year value of the Project Area.) Rosenow Spevacek Group, Inc.. Chula Vista Redevelopment Agency April,1998 D-4 Town Centre I Amendment No.5- Preliminary Repol1 A-7~ -. . . Table. D-l presents the projected tax increment revenues for the Project. Actual 1997-98 assessed values have been incorporated into the projections. Future secured assessed values in the Project Area are assumed to increase by 5% annually, while unsecured and nonunitary utility values are assumed to grow by 2% annually. Under the Existing Plan, the Agency would be generally prohibited from collecting tax increment revenue after July 6, 2011.1 Over the period between 1998-99 and 2010-11, RSG estimates that approximately $18.6 million in tax increment revenue could be generated. This revenue would consist of $3.7 million in Housing Fund revenues and $14.9 million of Nonhousing Fund revenues. The Amendment, among other things, extends (by 15 years) the time frame that the Agency may collect tax increment revenue to July 6, 2026. As a result, the Agency stands to collect more tax increment revenue under the proposed Plan as compared to the Existing Plan. If the Amendment is adopted, the Plan enables the Agency to receive tax increment revenue until fiscal year 2025-26. Between 1998-99 and 2025-26, RSG's tax increment revenue forecast estimates that approximately $50.6 million of gross tax increment revenue could be generated by the Project. Of this amount, $10.1 million would be deposited to the Agency's Housing Fund, and $40.5 million would be available to the Nonhousing Fund. Because the Amendment extends the time frame to incur debt and duration of the Existing Plan's effectiveness, the Agency would be required to share a portion (projected to be approximately $3,7 million) of its Nonhousing Fund revenue with the affected taxing agencies pursuant to Sections 33607.5 and 33607.7 of the Law ("Statutory Payments"). These Statutory Payments would commence in the fiscal year after the first of these limits would have been reached, or starting in the 2002-03 fiscal year. , Pursuant to Sectioo 33333.6(g) and (h), this time limit does not apply to the allocatioo of taxes to elimioate affordable housing deficits created uoder Sectioo 33320,5(e) Section 33334.6(g), or Sectioo 33487(d) in accordance with a plan to eliminate housiog productioo deficits or implemeot a replacemeot housing program pursuant to Section 33413, nor does it affect the validity of any iodebtedoess authorized by the City Cuuncil priur to January I, 1994, Rosenow Spevacek Group, Inc. 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U :;}::¡6~;::~â~;:} ~:;:;~~~;~~::}¿i:3~~ ~ '" .;.. ---"""MM """"""""""MM"'" """... ~ 0 ~ 8 - ! . ~ ~ ;::';1;"'8'" '" "'g-"'M;g"""""""'o- "'M""""""""'O-"'M""'", {! I!' ~~~~~ ~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~;:æ ~ ~ i ~~ .! ..~ ;-""''O- '" M"""""""""O-"'M...'" """"""O-"'M""'",..."""og¡g¡ 0" œ__""" '" """"""""""'MMMMMM MMMM"'"""""""""""""""" o~ ~ ~ ~~ l . i u t J! ~ /1-15" -.. .. - According to Section 33607.5 of the Law, beginning in fiscal year 2002-03, the Statutory Payments are equal to 25% of the Project's annual nonhousing tax increment revenue in excess of 2001-02. These Statutory Payments are subject to two subsequent increases. The first increase in Statutory Payments would take effect in fiscal year 2012-13. When the Agency would be required to pay 21% of the incremental increase in nonhousing tax increment revenues exceeding amounts in 2011-12. The Law further provides for a second increase in the Statutory Payments that would commence in fiscal year 2032-33. However, because this increase would occur after the Plan's July 2026 time limit on the collection of tax increment revenue, no additional Statutory Payments in this instance would be required. The actual amount of the Statutory Payments will vary based on the amount of tax increment revenues collected by the Agency each year. A forecast of Statutory Payments has been included on Table D-I in this Section. Should actual tax increment revenues exceed or fall below these projections, actual Statutory Payments would be higher or lower. The following Table D-2 is a list of affected taxing agencies - each !>eing entitled to their respective share of the Statutory Payment. All agencies receive their share of the Statutory Payments, except for the City ofChula Vista, which, by Section 33607.5, is only entitled to their share of the first 25% of the Statutory Payments. Rosenow Spevacek Group, Inc. Chuw Vista Redevelopment Agency April,I998 D-6 Town Centre I Amendment No.5- PrelÎ1llinary Report /I-7Þ _.. .. - 11'I.........:m~I:m;Iõ1I'liI""'I"",'.:lIõI'i1r"""'i"lííy¡m ,..'=11:1111"- List of Affected Taxing Agencies Agency Name Fund Number Levy Rate 1% General Levy County of San Diego General Fund 1001 0,26474504 Chula Vista Elementary School District 4117 0,29091448 Sweetwater Union High School District 4259 0,18814961 Southwestern Community College District 4460 0,05070091 County of San Diego School Service 4535 0.01650909 Educational Revenue Augmentation Fund 5022 South Bay Irrigation District 6364 0,00415631 City of Chula Vista 6014 0,18482456 1,00000000 Override Levy Metropolitan Water District 6725 0,00890000 County Water Authority 6752 0,00120000 1.01010000 Source: County of San Diego Auditor-Controller's report of Community Redevelopment Agency Tax Rate Area Impact report for TRA 001091, and Tax Rates By District. (Both reflect 1997-98 secured and unsecured tax rates) Economic Feasibility Analysis The Amendment enhances the economic feasibility of Project implementation by pennitting the Agency more time to incur and repay debt. Table D-3 compares the cumulative tax increment revenue flows anticipated both with and without the Amendment. As indicated in Table D-3, given the assumptions on growth described earlier in this section, the Amendment would provide the Agency with the capability to collect $32.0 million (172%) more gross tax increment revenue by extending the time limit to collect revenue by 15 years. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 D-7 Town Centre I Amendment No.5 - Preliminary Report /1-71 -. --- ! .",',',..""""i¡J.'."...,rum.""IIII~,'.:lIffiIJ'",,~,[,,¡,Tõ1i1 ""'I....a. Projected Economic Benefit of Amendment Without Amendment With Amendment Increase / (Decrease) Total Tax Increment $31.658,935 $63,669,400 $32,010,465 Tax Increment Received (6/30/98) 13,089,449 13,089,449 . Future Tax Increment 18,569,486 50,579,951 32,010,465 Housin9 Fund 3,713,897 20% 10,115,990 20% 6,402,093 20% Nonhousing Fund Statutory Payments - 0% 3,712,372 7% 3,712,372 12% Net Nonhousing Fund 14,855,589 80% 36,751,589 73% 21,896,000 68% Source Cumulative Tax Increment Revenues projected on Table 0-1 Reasons for the Provisions of Tax Increment An analysis of the City's financial statements indicates that the City cannot fund redevelopment implementation without tax increment financing. Since 1992, the General Fund budget has experienced a 20% overall increase, while property and sales tax revenues to support these costs have increased by 8% over the same time period. Currently, all City General Fund resources are pledged to operations or reserved for specific purposes, such as retirement funds, insurance reserves, and emergency contingencies. If these funds were reallocated to redevelopment uses, the City General Fund would be faced with a funding shortfall in its existing commitments. In addition, the passage of Proposition 218 in November 1996 presents new impediments to assessment district creation and revenue generation. Increasing development fees is also not a viable option, since increasing such fees would only further handicap the City's overall economic development efforts to attract new business to the Project Area. Consequently, tax increment revenue will be an essential funding source for redevelopment activities. Rosenow Spevacek Group, Inc. Chula VISta Redevelopment Agency April, 1998 D-8 Town Centre I Amendment No.5- Preliminary Repol1 /1- 7 'g' -. ..- SECTION E A Description of the Projects Proposed by the Agency The Agency's Five-Year Implementation Plan for the Project delineates a variety of infrastructure, community development, and affordable housing projects and programs. These projects and programs include, but are not limited to, the following: . Redevelopment of Third Avenue/Alvarado Street Site . Redevelopment of"H" Street'Third Avenue . Downtown Business AssociationlPromotion/Marketing . Waterline Improvements on Landis Avenue . Public Parking Facilities . Joint PubilclPrivate Redevelopment Programs Beyond these activities foreseen in the current Implementation Plan, the Agency will undertake additional activities pursuant to future annual work programs, implementation plans, and the provisions of the Plan. Overall, implementation of the Project will occur gradually over the remaining duration of the Plan. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 E-l Town Centre I Amendment No.5 - Preliminary Repol1 /1- 7'1 _. . - SECTION F A Description of How the Proposed Projects Will Improve and Alleviate Blighting Conditions With the Amendment, the Agency would continue to implement a comprehensive community development program. The authorities and provisions of the Plan have been developed to permit the Agency to enact redevelopment projects targeting the blight that exists within the Project Area. Infrastructure ImDrovements. Improvements to the Landis A venue waterline would result in the replacement of a deficient water main with a larger capacity line to accommodate both commercial development and fire service needs. Uprades to lighting and landscaping at public parking facilities in the Project Area will improve pubic safety increase patronage of downtown businesses. Through the construction of these and other public improvements, the Agency will be effectively removing many barriers to economic growth in the City and will be eliminating the blight which exists in the Project Area due to inadequate public improvements which cannot be remedied by private or governmental action without redevelopment. Community DeveloDment Proiects/Programs. These projects/programs are designed to address the blighting conditions by assisting private enterprise with rehabilitation and/or expansion activities, or through the acquisition of needed property. For example, development of the Third Avenue/Alvarado Street property will complete redevelopment of this location, which was previously characterized by small, underutilized lots. Other Agency-owned lots at the northwest corner of"H" Street and Third Avenue could also be consolidated into a larger parcel for a more viable commercial reuse. At the same time, other property owners along Third A venue will be encouraged to redevelop their properties to effectuate a broad redevelopment effort in the downtown. Such programs will enable the Agency to redevelop substandard properties in a manner consistent with the General Plan. Finally, working with the Downtown Business Association, the Agency will seek to foster business development and retention programs to increase commercial activity in downtown. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 F-I Town Centre I Amendment No.5- Preliminary Repol1 /1-'80 -. . - HousinlZ/Low and Moderate Income Assistance. The expenditure of Housing Fund revenues will assist the City in implementing the goals and programs set forth in the Agency's Affordable Housing Compliance Plan and the Housing Element of the City's General Plan, and will allow the Agency to enhance housing opportunities for very low, low, and moderate income households. Further, the proposed housing projects will eliminate blight in the community by repairing or rehabilitating substandard or deteriorating residential structures. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 F-2 Town Centre I Amendment No.5 - Preliminary Repol1 A-<¿J{ -. .. - EXHIBIT "An - BAYFRONT RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS FOR BAYFRONT REDEVELOPMENT PROJECT AMENDMENT NO.5 \)R\G\~þ.\.. -.. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS AND TENANTS IN THE BA YFRONT AND TOWN CENTRE I REDEVELOPMENT PROJECTS Section I. GENERAL These rules are promulgated to implement the provisions of the Redevelopment Plan for the Bayfront and Town Centre I Redevelopment Projects regarding participation and the exercise of preferences by owners, operators of businesses, and tenants in the Project. These rules set forth the procedures governing such preferences and participation. The Redevelopment Agency of the City of Chula Vista ("Agency") desires participation in development of the project area by as many owners Bnd tenants as possible. In view of the pattern of land assembly and integrated development envisioned by the Redevelopment Plan, persons and firms doing business in the Project Area will be encouraged to take advantage of their participation and preference opportunities. Specific attention will be focused upon the participation of owners of buildings that have historical and architectural merit and which are structurally sound and can be renovated feasibly in accordance with the Plan. Participation opportunities are necessarily subject to and limited by factors such as the following: 1. The elimination and/or modification of some land uses. 2. The realignment and abandonment of some streets. 3, The ability of participants to finance the proposed development. -1 - C-I 4. The reduction of the total number of individual parcels in the Project Area. 5. Change in orientation and character of the area. 6. The building has historical and/or architectural qualities that will enhance the Redevelopment Plan, 7. Agency's determination that an alternative project proposal better implements the provisions of the Redevelopment Plan. Section II. PARTICIPATION BY OWNERS OF REAL PROPERTY A. Participation in the Same Location In appropriate circumstances where such would foster the unified and integrated development contemplated by the Redevelopment Plan, an owner may participate in substantially the same location by retaining all or portions of his property and purchasing other property if needed and available for development in accordance with the Redevelopment Plan, Conflicting desires among participants for particular sites or land uses will be resolved by the conformity of a participation proposal with the intent and purpose of the Redevelopment Plan. The final decisions concerning land acquisition by the Agency will be based upon the conditions existing at the time the Agency purchases property or enters into participation agreements. B. Participation in a Different Location In some instances, the Agency will buy the land and improvements at fair market value, and offer parcels of cleared land for purchase by owner-participants prior to offering for sale to the general public. Property sold to owner-participants will be made available at fair value for the uses designated in the Redevelopment Plan. - 2- C-t9-- -. Section III. PARTICIPATION BY TENANTS Pursuant to these rules, non-property owners who are tenants engaged in business or residing in the Project Area will be given opportunities to remain or to obtain reasonable preferences to reenter within the redevelopment area if they otherwise meet the requirements prescribed by the Plan, A. Tenant Participation as Owners Tenants will be given reasonable preference to purchase and develop real property in the Project Area. Property sold to such tenants will be made available at fair value for the uses designated in the Plan. b. Preferences for Business Tenants as Tenants Business tenants who desire to reenter the Redevelopment Project Area as tenants will receive reasonable preferences to locate in the Project Area in accordance with the prescribed uses of the Plan. Section IV, PROCEDURE FOR BECOMING A PARTICIPANT A. Procedure for Participation as Business Owner, Residential Owner or Business Tenant Every person interested in becoming a participant as a business owner or tenant must submit to the Agency a statement indicating such interest. A form for this purpose may be obtained from the Agency on request. The Agency may disregard Statements of Interest submitted after the end of the thirty (30) day period immediately following the date of the publication of the ordinance of the City Council adopting the Redevelopment Plan. The Agency will notify each person who submits a Statement of Interest of the time within which he must submit his proposal for participation. - 3- C--3 -.. ...' -- Opportunity will be given to discuss proposals with the Agency staff Bnd to make necessary adjustments. The Agency will make every effort to meet the desires of every person desiring to participate in the Project, 8, Participation Aareement Each owner or tenant who has submitted an acceptable proposal for owner or tenant participation will be required to enter into a participation agreement with the Agency. Each agreement will contain provisions necessary to insure that the participation proposal will be carried out, and that the subject property will be developed or used in accordance with the conditions, restrictions, rules and regulations of the Redevelopment Plan and the agreement. The agreement will specifically mention the following: 1. Parking facilities per the requirements of the City of Chula Vista and/or provisions for Public Transit (if any) shall be applicable to the owner/participant in the same manner and degree as they affect a new purchaser/developer in the project 2. The owner/participant will be assessed by a Special Assessment District (if any) in the same proportion or ratio as that of a new developer for the purpose of maintaining common areas, parking areas, and other public project facilities. Each agreement will furthermore require the participant to join in the recordation of such documents as the Agency will require in order to insure such development, The agreement will also provide that a successor in interest of the original participant may become a participant with the approval of the Agency. Participation agreements will be effective only if approved by the members of the Agency. - 4 - C-4 -.. - Section V. AMENDMENT OF OWNER PARTICIPATION RULES The Agency may amend these Rules at any meeting held after their adoption, Any amendments after the filing of statements of intent shall be made only after notice to the persons who have filed such statements. Such notice shall be sent by mail to any persons who have filed statements of interest and shall be posted at least fourteen (14) days before the date of the meeting at which the proposed amendment will be considered. IJBIH,\HOME\COMMDEV\BUCHANIRULESBF,TCI IAp,n 15, 199B "'530ml - 5 - C-s- EXHIBIT "B" - BAYFRONT METHOD OF RELOCATION (STATE RELOCATION LAW-GOVT. CODE SECTIONS 7260 TO 7277 AND RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES) FOR BAYFRONT REDEVELOPMENT PROJECT AMENDMENT NO.5 _.. .. - -..-. 4a. Barclays Official CALIFORNIA CODE OF REGULATIONS Title 25. Housing and Community Development Division 1. Housing and Community Development Chapter 6. Department of Housing and Community Development Programs Vol. 33 Published by BARCLAYS LAW PUBLISHERS 50 California Street Nineteenth Floor San Francisco. CA 94111 800-888-3600 ~-Cø ~led 3 {3D \ Q'8 --- Title 25 Department of Housing and Community Development Programs Table of Contents Chapter 6. Department of Housing and Community Development Programs TABLE OF CON'ŒKTS Page Page Subchapter 1. Relocation Assistance and § 6098, Altemale Payments-Individuals Real Property Acquisition and Families, Guidelines 261 §6100, Alteroate Payments-Businesses and Farm Operations. Article 1, General 261 §6102, Replacement Housing Payments § 6000. Order of Adoption. for Homeowners. § 6002, Statement of Purpose and Policy, § 6104, Replacement Housing Payments § 6004, Applicability and Supersedure, for Tenants aod Certain Others, § 6006, Regulatioos, §6106, Proratioo of Payments. § 6008, Definitions. §6108, Condition of Replacement § 6010. Prior Determinations. Dwelling. § 6012, Citizen Participatioo. §6110. Certificate of Eligibility, §6014. Prerequisite to Displacement. §6112, Mobile Homes. §6016, Remedies. §6114. Affected Property, §6018. Priority of Federal Law, Article 4. Last Resort Housing 274 § 6020, Severability, §6120. Purpose. Article 2. Relocation Assistance §6122, Determinatioo of Need for Last Advisory Program and Resort Housing, Assurance of Comparable § 6124, Developmeot of Replacement Replacement Housing 264 Housing Plao, §8126, Submissioo of Plan for § 6030, Purpose, Comment. § 6032, Relocatioo Assistance Adllisory §8128, Determination by Displacing Program, Public Entity of Feasibility and § 6034, Eligibility, Compliaoce. § 6036. Rehabilitation, Demolilioo, Code §6130, Implementation of the Enforcement. § 6038. Relocation Plao. Replacement Housing Plan, §6132. Housiog production. § 6040. Minimum Requirements of §8134, Jointly Spoosored Development. Relocation Assistance Advisory §6136, Last Resort Housing io Uau of Program, Payments. § 6042. Replacemeot Housing Prior to §6138, Conform~y with the Arft. and Displacement; Notices to Other Statutes, Pollci.. and Displaced Pe"'oos. Procedures. § 6044, Temporary Move. § 6046. lnformatiooal Program, ArticleS. Grievance Procedures 275 § 6048, Survey and Analysis of §6150. Purpose. Relocatioo Needs, §6152, RIght of Review, § 6050. Failure to Conduct Timely and §6154. Notificatioo to Complaioant. Effective Survey. §6156, Stag.. of Review by a Pubiic § 6052. Survey and Analysis of Availabie Eotity, Relocation Resources, §6158, Formal Review and § 6054. Lasf Resort Housing, Reconsideration by the Public § 6056, Termioation of Relocation Eotity, Assistance. §6160, Refusals to Waive Time § 6058, Eviction, Limitatioo, § 6060, Evaluatioo of Reiocation, §6162. Extension of Time Umlts. Article 3. Relocation Payments 266 §6164, Recommendatioos by Third Party, § 6060. Purpose, §6166. Review of Flies by Claimant. § 6062, Relocation Payments by Public §6166, Effect of Determination 00 Oth... Entity. Pe",oos, § 6084, Basic Eligibility Coodilioos, §6170, Right to Counsel. § 6066, Notice of Intenf to Displace, §6172. Stay of Displacemeot Pendiog § 6068, Filing of Claims; Submissioo of Review. Tax Returns. §6174. Jolot Complainaots, § 6090. Actual Reasonable Moviog §6176, Judicial Review, Expenses, § 6092. Actual Direct Losses of Taoglble Article 6. Acquisition Policies 276 Persooal Property, §6180. Purpose. § 6094. Actual Reasonable Expenses 10 §8182, Acquisition. Searcl1iog for a Replacement §8184, Notice of Deciaion to Appraise, Business or Farm. §8166. 11meoIOff.... § 6096, Moving Expeos..-outdoor §6188. Notice of Land Acquisilioo Advertising BusInesses, ~-Î Procedures, Page I (12-27-"" _u. Table of Contents BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 Page Pege §6190, Notice of Public Entity's Decision Subchapter 3. Housing Element Guidelines 279 Not to Acquire, Subchapter 4. Housing Element Guidelines 279 §6192, locidentai Expenses, §6194. Short Term Rental. Subchapter 5. Department of Housing and §6195, Public information. Community Development- §6196, Service ot Notice, Conflict of Interest Code 279 §6198. Noopossessory inlerest § 6500. Geoeral Provisions, Exception, Appendix A 280 Subchapter 2. California Low-Income Appendix B 280 Home Management Training Program 279 ~ -I? PBge U 0>-21-"6) - -- Title 25 Department of Housing and Community Development Programs § 6008 (b) These Guidelines supersede those adopted by the ComIDÌsslOo of Chapter 6. Department of Housing and Housing and Community Development on October 17.1973. The guide- lines sosupeI'Seded shall not apply to any displacement or acquisition oc- Community Development Programs cuning on or after the effective date of these Guidelines, Aoy such dis- placement or acquisition sball be governed solely by these Guidelines Relocation Assistance and and the California Relocation Act. found at Government Code sectioo Subchapter 1. 7260 et seq. Real Property Acquisition Guidelines The provisions of these Guidelines. however, shall not be construed retroactively to apply to action(s) undertaken by a public entity prior to their effective date wbere the purpose of the action was to fulfill obliga- Article 1. General tions imposed by the Act and the action is in compliance with the require- ments of the Act and the existing Guidelines. For the purpose of this sec- § 6000. Order of Adoption. tion the term "action" shall include but is not limited to: the provisi", of information. notice. other assistance, comparable replacement hoosing. This subchapter (hereinafter referred to as the "Guidelines") is payments and other benefits: the preparation of relocation and last reson adopted puI'Suant to the provisions of Section 41135. Health and Safety housing plans. including the survey and analysis of needs and resoorces: Code. in orderto implement. intetpret and to make specific provisions of the processing of grievances: and the varioos stei>' Ulken in connection Division 7. commeucing with Section 7260 of the Govemment Code with the acquisitiou of propeny for public use, (hereinafter referred to as the "Act"). relating to relocation assistance, These guidelines shall apply to relocation plans and notices to displa- last resort housing and real property acquisition, cees subsequent to the effective date of aoy regulatory provision, The No"" Autbonty cited for Chapter 6: Sectioos 41134,41135. aDd 41226. Health right of displacees shall not be reduced in reliaoce on aoy amendment to and Safety Code. Reference: Sectioo 7260 et seq.. Government Code: 41134, 41135. and 41226, Health aDd Safety Code. these guidelines where it may be demonstrated that the displacee has HtSroRY acted in reliance on a notice given to that household priorto the effective I. Amendmeot filed 11-5-76 as ao emergeocy: desigoated effective 11-27-76 date of any guideline. (Register 76, No, 44), For prior hiStory. see Register 76. No. 44. (c) To the exlent that these Guidelines are from time to time amended. 2. Redesignation of Chapter 6 (Sections 600()...ó198. notco",=utive) to Chaptet the amendments shall be effective prospectively from the date that they 6.Subchaptet I (Section, 6000-6198, no<coosecutive) filed 1-28-77 as proce- become effective. dural aDd orgaOlzational: effecti" upon filing (Register 77 No, 5), No"" Authority cited: Sectioo 50460. Health aDd Safety Code. Reference: Ar. 3. Ameodmeot ftled 1-28-77 as procedural aDd orgaoizatiooal: effective upoo fil- tiele 4. Sectioo 8, Califomia Coo,titutioo, ing (Register 77. No, 5). HtSroRY 4. Ce<1ificate ofCompliaoce as to filing of 11-5-76 filed 2-t6-77 (Register 77. I. Amendment of sub,"ction (b) filed 11-5-76 as ao emergency: desigoated ef- No.8). fective I t-27-76 (Register 76. No. 44). 2, Ce<1ificate ofComplimce filed 2-16-77 (Register 77. No.8), § 6002. Statement of Purpose and Polley. 3. Amendmeot of section and new No-œfiled 8-12-97; operative 9-11-97 (Reg- (a) The purpose cf the Guidelioes is to assist public entities in the de- tSter 97. No, 33), velopmenl of regulatioos aDd procedures implementing the Act. § 6006. Regulations. (b) The Guidelines are designed to cany out the following policies of (a) Each public entily before undemking or partjcipating in activity the Act: which will result in the displacement of persoos shall adopt rules aDd reg- (I) Toensure that uniform, fairaodequitabletreatmeot is afforded per- ulations that implement the requirements of the Act, are in accordance SoDS displaced from their homes, businesses orfarrns as a result of the ac- with the provisions of the Guidelines. aDd prescribe additiooal proce- tions of a public entity in order that such peI'Sons shall not suffer dispro- dures aDd requiremeots that are appropriate 10 the particular activities of portionale injury as a result of actioo takeo for the benefit of the public the public eotity and not incoosistent wilh the Act or Guidelines. as a whole: aDd (b) Rules and regulations issued uoderthis section shall be prompdy (2) In the acquisitioo of real propeny by a public entity. to eosure con- revised as necessary, toconfonn to any ameodment of the Act or Guide- sistent and fa;' treatment for owneI'S of real property to be acquired, to lines. encourage aDd expedite acquisitioo by agreement with owneI'S of such § 6008. Definitions. property in orderto avoid litigation and relieve congestion in courts. aDd to promote coofidence in public land acquisition, The following tenns shall mean: (c) A public entity shall not participate in or undenake a project that (a) Acquisition, will displace individuals from their homes urness comparable replace- Obtainiog ownmhip or possession of property by lawful means, ment dwellings (see subsectioo 6008(c)) will be available within a rea- (b) Business. sonable period of time prior to displacement. Any lawful activity. except a farm operation provided such lawful ac- (d) The Guidelines are inteoded to esublish only núnimum require- tivity is oot in ao unlawful occupancy as defined in subsection (v). con- meots for relocatioo assistance aDd payments. They shall oat be coo- ducted primarily: strued tolinút any other authority or obligation which a ¡:<Iblic entity may (1) Forthe purchase. sale. lease. orrentalof peI'Sonal aDd real property. have to provide additional assistance aDd payments, aDd f orthe maouf acture. processing. or marketing of products. cooomodi- (e) The Act aDd the Guidelines are intended forthe beoefit of displaced ties. or aoy other peI'Sonal property; peI'SonS. to ensure that such peI'SOOS receive fair and equitable treatment (2) For the sale of services to the public; aDd do not suffer disproportionate injuries as the result of programs de- (3) By a nooprofit orgaoization; or signed for the benefit of the public as a whole, The Act. Guidelines aDd (4) Solely for the ¡:<Irpose of a moving expense payment (see sectioo all applicableregulationson which determinations are based shall be can- 6090). for assisting in the purchase. sale. resale. maoufacture. process- strued to effect this intent. iog. or marketing of products. commodities. peI'Sonal property. or ser- vices by the erection aDd maiotenaoce of ao ootdooradvertisingdisplay. ~ 6004. Applicability and Supersedure. whether or not such display is located on the prenúses on which any of (a) Except as othe¡wise noted in this section, the Guidelines are appli- the above activities are conducted, cable to all displacement aDd acquisitioo occuningoo or aflertheireffce- (c) Comparable Replacement Dwelliog. tive date. January I. 1977. A dwelling which satisfies each of the following standards: Page 261 C. -<1 ..",.,97. No," O-,S-97 -..- § 6008 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 (1) Decent. safe and sanitary (as defined in subsection 6008(d)). and higher standard, which exceed the provision of paragraph (I) of this sub- comparable to the acquired dwelling with respect to number of rooms. section. are incorporated herein, A U11it which is occupied by no more habitable living space and type and quality of construction. but not lesser than the maximum number of people allowed under the State Building in rooms or living space than necessary to accommodate the displaced Code shall be considered to be in compliance with the occupancy provi- person. sions of this subsection. (2) In an area not subjected to unreasonable adverse environmental (e) Department. Department of Housing and CommU11ity Develop- conditions from either natural or manmade soUtees. and not generally ment. less desirable than the acquired dwelling with respect to public utilities. (I) Displaced Person. Any person who moves from real property, or public and commercial facilities and neighbOIhoodconditions. including who moves his personal property from real property. eithe~ schools and mU11icipai services, and reasonably accessible to the dis- (I) As a result of a wrinen notice of intent to acquire by a public entity placed person's present or potential place of employment; provided that or as a resuIt of the acquisition of such real property. in whole orin pan, a potential place of employment may not be used to satisfy the accessibil- by a public entity or by any person having an agreement with or acting ity requirement if the displaced person objects. on behalf of a public entity, or as the result of a wrinen orderfrom a public The Act and Guidelines do not require that the replacement dwelling entity to vacate the real property, for ¡7ùblic use: or be generally as desirable as the acquired dwelling with respect to environ- (2) As a result of the rehabilitatioo. demolition or other displacing ac- mental characteristics, Thoogh a displaced person does not have toaccept tivityundertaken by a public entity orby any person having an agreement a dwelling subject to unreasonable adverse environmental conditions. with or acting on behalf of a ¡7ùblic entity of real property on wbich the neither is a public entity required to duplicate environmental characteris- person is in lawful occupancy or conducts a business. and the displace- tics. such as scenic vistas or proximity to the ocean, lakes. rivers. forests ment. except as provided in Gov. Code sections 7260(c)(3) and 7262.5, or other natural phenomena. lasts longer than 90 days, If the displaced person so wishes. every reasonable effort shall be This definition shall be construed so that persons displaced as a resuIt made to relocate such person within orneartohis existingneighbOIhood, of public action receive relocation benefits in cases where they are dis- Whenever practicable the replacement dwelling shall be reasonably placed as a result of an owner participation agreement or an acquisition close to relatives. friends. services or organizations with whom there is catried out by a private pe"on for or in connection with a public use an existing dependency relationship. where the ¡7ùblic entity is otherwise empowered to acquire the property (3) Available on the private market to the displaced person and avail- to carry out the public use, able to all persons regardless of race. color, sex. marital status. religion. (3) Except persons or families oflow and moderate income. as defmed or national origin in a manner consistent with Title vrn of the Civil in Section 50093 of the Health and Safety Code. who are occupants of Rights Act of 1968 or any other applicable state or federal anti-discrimi- housing which was made available to them on a pennanent basis by a nation law, public agency and who are required to move from that housing, a dis- (4) To the extent practicable and where consistent with paragraph placed person shall not include any of the following: (c)(1) of this section. functionally equivalent and substantially the same (A) Any person who has been determined to be in unlawful occupancy as the acquired dwelling, but not excluding newly constructed housing of the displacement property as defmed in subsection 6008(v), (5) Within the Fmancial Means of the Displaced Person, A replace- (B) Any pe"on who is a post-acquisition occupant of the displace- ment dwelling is within the fmancial means of a displaced pe"on if the meot dwelling. as provided in section 6O34(b); monthly housing cost (including payments for mortgage. insurance and (C) Any person who occupied the propertyforthe ¡7ùrposeof obtaining property taxes) or rental cost (including utilities and other reasonable reo relocation benefits and assistance: cumngexpenses) minus any replacement hoosing payment available to (D) Any person who is an occupant of a "Qualified affordable housing the pe"on(as provided in sections 6 102 and 6 104) does not exceed twen- preservation project" and all requirements of Government Code section ty-five perceot (25%) of the person's average monthly income (as de- 726O(cX3) or section 7262.5 are met: or filled in subsection 6008( I ». A replacement dwelling is within the finan- (E) Any person occupying private property (not otherwise entitled to cial means of a displaced pe"onalsoifthe putthase price of the dwelling relocation benefits as a result of an acquisition. rehabilitation ordemoli- including related increased interest costs and other reasonable expenses tion program) who is required to move as a resuIt of the displacing (as described in section 6102) does not exceed the total of the amount of agency's routine enforcement of building. housing or health codes unless just compensation provided for the dwelling acquired and the replace- the code enforcement is undertaken for the purpose of causing displace- ment hoosing payment available to the person (as provided in section ment in cootdination with an identified rehabilitation, construction. or 6102), demolition program or project. If a dwelling which satisfies these standanls is not available the public (F) A pe"on who is not required to move pennanently ortemporarily entity may consider a dwelling which exceeds them, as a result of the project as long as they are notified they are not required (d) Decent. Safe and Sanitary. to move and the project does not impose an unreasonable change in the (1) Housing in sound. clean and weather tight condition. in good repair character or use of the property. and adequately maintained. in confonnance with the applicable state and (G) An owner-occupant whomoves as a result of an acquisition meet- local building. plumbing. electrical. housing and occupancy codes or ing the requirements of Government Code section 7277, similar ordinances or regulations and which meets the following mini- (g) Dwelling, The place of pennanent or customary and usual abode mum standanls: of a pe"on. including a single-family dwelling. a single-family U11it in (A) Each hoosekeeping U11it shall include a kitchen with afullyusable a two-family dwelling. multi-family or multipurpose dwelling. a unit of sink. a stove orconnection for a stove. a separate and complete bathroom. a condominium or cooperative hoosing project. anonhousekeeping unit. hot and cold fUMing waterin both bathroom and kitchen. an adequate and a mobilehome. a recreational vehicle as described in Health and Safety safe wiring system for lighting and other electrical services and heating Code Section t801O. or any other residential unit which either is consid- as required by climatic conditions and local codes, ered to be real property under State law or cannot be moved without sub- (B) Each nonhousekeeping U11it shall be inconfonnance with state and Stantial damage or unreasonable cost. A residence need not be decent. local code standanls for boarding houses. hotels and other dwellings for safe and saniUlry to be a dwelling, congregate living. A second home shall be considered to be a dwelling only for the ¡7ùr- (2) When the tern¡ decent. safe and sanitary is interpreted, under local. pose of esUiblishing eligibility for payment for moving and related ex. state or federal law. as esUiblishing ahigherstandard.the elements of that penses (as provided in section 6090). Page 262 C--IO ".i.."",No.""-'>-'" Title 25 Department of Housing and Community Development Programs § 6012 (h) Economic Rent. The arooont of rent a tenant or homeowner would (u) Tenant. A person who rents oris otherwise in lawful possession of have to pay for a dwelling similar to the acquired dwelling in a compara- a dwelling. including a sleeping room, which is owned by another. ble area. (v) Unlawful Occupancy, A person is considered to be in unlawful oc- (i) Elderly Housebold. A household in which the head of household or cupancy if the person has been ordered to move by a coun of competent spouse is 62 years or older. jurisdiction orifthe person's tenancy has been lawfully termioated by the U) Family. Two or more individuals who byblood, man'iage.adoptioo, owner for cause, the tenant has vacated the premises. and the termioation or mutual consent live together as a family unit. was not undertaken for the purpose of evading relocation assistance obli- (k) Fann Operation, Any activity conducted solely or primarily for the gations, production of one or more agricultural products or commodities. includ- Nore Authonty cited, Sectioo 50460. Health aDd Safety Code. Refereoce, See- ing timber. for sale or home use. and customarily producing sucb prod- lion, 726O(b),(c)(2)(A).(I)(I) and 7277. Govemment Cotk Section 1700<J.Cor- ucts or commodities in sufficient quantity to be capable of contributing POTations Code; and Sectioos 18007, 1800S, 18010 and 50093. Health and Safety Code. materially tò the operator's suppon. HISTORY (I) Gross Income, Gross income means the total annual income of an I, Ameodmenl of section and new No'" filed &-12-97; operative 9-11-97 (Reg- individual, or where a family is displaced total annual income of the par- ister97, No, 33), ents or adult heads of household. less the following: § 6010. Prior Detennlnatlons. (I) A deduction of SSOO for each dependent in excess of three. (2) A deduction often percent (10%) of total income for an elderly or (a) Displacement. No public entity may proceed with any phase of a handicapped hoosehold. project or other activity which will result in the displacement of any per- (3) A deduction for recurring, extraordinary medical expenses. de- son. business or fann until it makes the following determioations; fmed for this purpose to mean medical expenses in excess of three percent (I) Fair and reasonable relocation paymeots will be provided toeligi- of total income. where not compensated for or covered by insurance or ble persons as required by Anicle 3 of the Guidelines, othersources, such as public assistance orton recovery, (2) A relocation assistance program offering the services described in (4) A deduction of reasonable aroounts paid for the care of childreo or Article 2 of the Guidelines will be established. sick or incapacitated family members when determioed to be necessary (3) Eligible persons will be adequately informed of the assistance. to employment of the head or spouse, except that the aroount deducted benefits. policies, practices and procedures. including grievance proce- shall not exceed the amount of income received by the person thus re- dures, provided for in these Guidelines, leased. (4) Based upon recent survey and analysis of both the hoosing needs Gross income is divided by twelve to ascenain the average monthly of persoos who will be displaced and available replacement housing and income. Relocation and propeny acquisition payments are 001 to be con- considering competing demands for that housing. comparable replace- sidered as income for the determinatioo of financial means. ment dwellings will be available, or provided. if necessary, within a rea- (m) Handicapped Hoosehold, A household in which any member is sonable period of time prior to displacement sufficient in number. size handicapped or disabled. and cost for the eligible persons who require them. (n) Initiation of Negotiations, The initial wriueo offer made by the ac. (5) Adequate provisions have been made to provide orderly. timely, quiring eotity to the owner of real propeny to be purchased, or the own- and efficieot relocation of eligible persons to comparable replacement er's representative. housing available withoot regard to race , color, religion. sex. marital sta- (0) Manufactured Home or Mobilehome. A structure described in !Us. or national origio with millimum hardship to those affected, Health and Safety Code sections 18007 and 18008. (6) A relocatioo plan meeting the requirements of sectioo 6038 has (p) Mongage, Such classes of liens as are commooly given to secure been prepared, advances 00. orthe uopaid purchase price of. real propeny. together with (b) Acquisition. No public entity may proceed with any phase of a proj- the credit instruments. if any, secured thereby. ect orany other activity which will result in the acquisitiooofreal proper- (q) Owoership. Holding any of the following interests in a dwelling. tyuntil it determines that with respect to such acquisitiooand tathe great- or a cootracl to purchase one of the first six interests: est exlent practicable, (l) A fee title. (I) Adequate provisioos have been made to be guided by the provi- (2) A life estate. sioos of Article 6 of the Guidelines. and (3) A SO-yearlease. (2) Eligible persons will be informed of the pertinent benefits. policies (4) A lease with at least 20 years to run from the date of acquisition of and requirements of the Guidelines. the propeny. HISTORY I. Amendment of subsection (b) f>led 11-5-76 as an eme<gency; designated ef- (5) A proprietary ioterest in a cooperative hoosing project which in- fecti,. 11-27-76 (RegISter 76. No. 44). cludes the right to occupy a dwelling, 2, Cenif>cate ofComptiance f>led 2-16-77 (Register 77. No.8). (6) A proprietary ioterest in a mobilehome. (7) A leasehold interest with an option to purchase. § 6012. Citizen Participation. In the case of one who has succeeded ta any of the foregoing interests (a) All persons who will be displaced, neighbOlilood groops and any by devise, bequest. inheritance or aperatian of law. the tenure of owner- relocation commiuee shall be given anopportunity and should he encoor. ship. but not occupancy. of the succeeding owner shall include the tenure aged fully and meaningfully 10 participate in reviewing the relocation of the preceding owner. plan and monitoring Ihe relocation assistance program. (r) Person, Anyindividual. family. partnership. corporatioo, limited li- (b) When a substantial number of persons will be displaced from their ability corporatioo or associatioo. dwellings the public entity shall encourage the residents and community (s) Puhlic Entity, Includes the state. the Regeots of the Uoiversity of organizatioos in the displacement area to foml a relocation committee, California. a county. city. city and COW1ty. district. public authority. pub- The commiuee shall ioclude, when applicable. residential owner occu- lie agency . and any other political subdivision orpublic corporation in the pants. resideotial tenoots, business people. and members of existingorga- state when acquiring real propeny.orany interest therein, or ordering that nizations within the area, In lieu of initiating a new process of citizen par- acquired propeny be vacated. in any city or coonty for public use. ticipatioo. public entities which have cooducted or are conducting a (t) Public Use. A use for which propeny may be acquired by emineot citizen participation process as pan of an existing development program domain, may substitute such process if it satisfies the requirements of this sectioo, Page 263 t....-( I ..,;,..91. No. 3"-1>-91 § 6014 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 If a substantial number of persons will not be displaced from their dwellings. the p.1blic entity shall at least consult with and obtain the ad- Article 2. Relocation Assistance Advisory vice of residents and community organizations and make the relocation plan available to such persons and organizations prior to submitting it to 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: (I) Timely and full access to all documents relevant to the relocation § 6030. Purpose. program, A puhlic entity may reasonably restrict access to material The p.1rpose of this part is to set forth requirements with respecttothe where its confidentiality is protected by law or its disclosure is prohibited development and implementation of a relocation assistance advisory pro- bylaw. gram for the provision of specified services and to prescribe the obliga- The displacing entity shall ensure that the information in documents tion of a public entity not to displace orcanse the displacement of any per- the provision of which would result indisclasure of the identity of eligible son from his dwelling withoot adequate notice and unless comparable persons is provided in a manner designed to avoid such disclosure, This replacement hoosing is available. obligation to avoid improper disclosure sball not affect the right of the § 6032. Relocation Assistance Advisory Program. person to whicb the information relates (or any other person authorized Public entities shall develop and implement arelocation assistance ad- in writing by sucb person) to inspect sucb documents. visory program which satisfies the requirements of this article and of (2) The provision of technical assistance necessary to interpret ele- Title Vlofthe Civil Rights Act of 1964, Title VIllofthe Civil Rights Act ments of the relocation plan and other pertinent materials. of 1968. the Unruh Civil Rights Act. the Rumfonl Act and applicable (3) The right to submit written or oral comments and objections, in- state and federal anti-discriminationlaws. Such program sball be admin. cluding 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 tance to minimize the hardship of displacement and to ensure that (a) all local legislative body or the bead of the state agency for approval, persons displaced from their dwellings are relocated into hoosing meet- (4) Prompt. written response to any written objections or criticisms, ing the criteria for comparable replacement boosing, and (b) all persons displaced from their places of business or farm operations are assisted in § 6014. Prerequisite to Displacement. reestablishing with a minimum of delay and lass of earnings, NoTIC Authority cited: Section 50460, Health and Safety Code, Reference: Sec- No person shall be displaced until the public entity has fulf'ùled the ob- tion 7261, Governmeot Cod,. ligations imposed by the Act and Guidelines, HtSlDRY I, Ameodmeot of section aDd oew NOTE flied 8---12-97; operative 9--11-97 (Reg. ister97, No, 33), § 6016. Remedies. § 6034. Eligibility. (a) lfthe public eotity has not fulftlled or is not substantially fulfilling (a) Relocation assistance and benefits shall be available to: its relocation responsibilities, it shall cease displacement until sucb time (I) Aoy person who occupies propetty from which he will be dis- as its responsibilities are fulfùled, Wben appropriate project implemen- placed. tation shall be sus pended or terminated. (2) Any person whow'ùl move from real property orwill move his per- (b) Eligible persons who move withoot offers of assistance and bene- sonal property from real property. because he w'ùl be displaced from oth- fits. after the public entity was required to offer assistance or benefits, er real property on which he conducts a business or farm operation. shall be provided such assistance and payments and. when appropriate, (3) Aoy person who moves from real property as a result of its acquisi- compensation for additional costs incurred, The displacing entity shall tion by a public entity whether the move is voluntary or involuntary. make every effort to identify and locate such persons. (4) Aoy person who. following the initiation of negotiations by a pub- (c) A public entity may pay a complainant's attomey's fees and costs lie entity, mOves as the result of the peoding acquisition. and is encouraged to consider doing so when a complainant institutes a (5) Aoy person who moves as the result of pending acquisition. reha- successful administrative appeal or judicial action. bilitation ordemolition by a public entityeitherfollowingreceipt of aNo- (d) The enumeration of remedies in this section is not intended to dis- tice of Intent to Displace (see section 6086) or as a result of inducement coorage or preclude the use of other remedies consistent with the intent or encouragement by the public entity, of the Act and Guidelines. Rather a public entity is encouraged toconsid- (bXlJ Post-acquisition tenants, those who lawfully occupy property er and adopt other remedies. only after a public entity acquires it. or who lawfully occupy property af- ter the private acquisitioo of property by a person with a written agree- §6018. Priority of Federal Law. ment with a p.1blic entity for the p.1rpose of fmancing the p.1n:hase orde- If a public entity undertakes a project with federal financial assistance velopment of the propetty, are not eligible for assistance and benefits and consequently must provide relocation assistance and benefits as re- other than advisory assistance to the extent determined by the displacing quired by federal law. the provisions of the Act and Guidelines shall not agency. apply: but if an obligation to provide relocation assistance and benefits A public entity shall infonn pa;t-acquisition tenants regarding the is not imposed by federal law the provisions of the Act and Guidelines pro-jected date of displacement and. periodically, should inform pa;t- shall apply, acquisition tenants of any changes in this projection. (2) Wben the displacement of a pa;t-acquisition tenant causes ahard- ship for that person because of a critical housing shortage, age. handicap, § 6020. Severability. infinnity.lack of financial means or other cin:umstance. the displacing If any provision of the Guidelines or the application thereof is held in- entity shall provide relocation advisory assistance and. may in its discre- valid. such invalidity shall not affect other provisions or applications of tion. provide other financial relocatioo benefits, In such hardship situa- the Guidelines which can be given effect withoot the invalid provisiooor lioos a p.1blic eotity is encooraged to provide advisory assistance and applicatioo, and to this eud the provisioos of the Guidelines are severable, payment for moving expenses, ~-I~ Page 264 "'"""',No,3>'8-I>-" Title 25 Department of Housing and Community Development Programs § 6040 (3) Where a public entity. or property it owns. is makIDghousing avail- (e) (I) Copies of the plan sball be subminedforreview to the relocatioo able on a permanent basis. a post-acquisition tenant who moves as the committee 30 days prior to submissicn to the local legislative body or result of a wrinen orderfrom the public entity to vacate is eligible forrelo- bead of state agency for approval. Copies shall be available to the public cation assistance aDd benefits if the orderto vacate is related to a plan to upon request. demolish. rehabilitate or change the use of sucb unitS, (2) General notice of the plao sball be provided, Notice sball be do- No,", Authority cited, Sectioo 50460. Health and Safety Code. Reference, Sec- sigoed to reach the occupaotS of the property: it sball be in accordance uoo 726O(c), Governmeot Code, with the provisions of paragraph 6O46(aX3) and subsecticn 6O46(b): and HtSTORY it shall be provided 30 days prior to submission to.the local legislative 1. Ameodment ofsectionaod new NOTE filed S-12-97: ~rative9-II-97 (Reg- body or head of state agency for approval. ¡",,97,No,33). (f) AIly displaced person or interested organization may petition the department to review the relocation plao required to be submitted by the § 6036. Rehabilitation and Demolition. displacing agency, The department shall review the plan in accordance !f a ¡>Jblic entity undertakes a rehabilitation or demolition program and with the time constraints and the procedures established in Article 5. as a result a person or business is displaced from privately owned proper- No,", Authority cited, Sectioo 50460. Health and Safety Code, Reference, Sec- ty. the ¡>Jblic entity shall provide assistance and benefits, If a person or lioos 7260.5 and 7261. Government Code. business is displaced by such an undertaking from property acquired by HISTORY a public entity, the ¡>Jblic entity shall provide assistance and benefits, 1. Ameodment of subsectioo (c) fded 1-28-77 as procedural and organIZatIOnal: No,", Authority cited, Sectioo 50460. Health and Safety Code, Reference, Sec- effective upoo filing (Regi"er 77, No, 5), tloo 7260(c), Government Code. 2. Amendment of subsections (a) and (cHe)(I). new subsectioo (0 and new HISTORY NOTE fde<! S-12-97: operative 9-lt-97 (Register 97, No, 33). I, Amendment of sectioo beading and sectioo and oew NOTE fded S-12-97: or. eratlve 9-lt-97 (Register 97, No. 33). § 6040. Minimum Requirements of Relocation Assistance Advisory Program. § 6038. Relocation Plan. (a) Each relocation assistaoce advisory program undertaken pursuant (a) As soon as possible following the initiation of negotiations and to this Article shall include, at a mmimum, such measures. facilities or priorto proceeding with any phase of a project or other activity that will services as may be necessary or appropriate in order to, result in displacement a public entity shall prepare a Relocation Plan and (I) Fully inform eligible persons under this Article within 60 days fol- submit it for approval to the local legislative body. orin the case of a state lowing the initiation of negotiations but not later than the close of escrow agency. the head of the agency. When the public entity's action will only on the property, for a parcel as to the availability of relocation benefits result in an insignificant amoont of non-residential displacement orresi- and assistance and the eligibility requirements therefor. as well as the dential displacement will not exceed 15 households. a displacing entity procedures for obtaining such benefitS and assistance, in accordance with shall provide benefits as required by these Guidelines and state Reloca- the requirements of section 6046, For projects by private parties with an lion Law withoot compliance with this section, agreement with a public entity, the "initiation of negotiations" shall be (b) A Relocation Plan shall include the following: the later of the date of acquisition or the date of the written agreement be- (I) A diagrammatic sketch of the project area. tween the private entity and the ¡>Jblic eotity for pUlpOses of acquiring (2) Projected dates of displacement. or developing the property for the project. (3) A written analysis of the aggregate relocation needs of all persons (2) Determine the extent of the need of each such eligible person for to be displaced (as required by secticn 6048) and a detailed explanation relocation assistance in accordance with the requirements of section as to how these needs are to be met. 6048. (4) A written analysis of relocation housing resou",es (as required by (3) Assure eligible persons that within a reasooable period of time section 6052), prior to displacement there will be available comparable replacement (5) A detailed description of the relocation advisory services program, housing. meeting the criteria described in section 6OO8(c), sufficient in including specific procedures for locating and refening eligible persons number and kind for and available to such eligible persons, to comparable replacement housing, (4) Provide current and continuing information on the availability, (6) A description of the relocation payments to be made (¡>Jrsuant to prices, and rentals of comparable sales and rental hoosing. and of compa- Article 3) and a plan for disbursement. rable comme",ial properties and locations. and as to security deposits, (7) A cost estimate for carrying out the plan and identification of the ' closing costs. typical down payments, interest rates, and terms for resi- soo",e of the necessary funds, dential property in the area. (8) A detailed plan by which any last resort hoosing (as described in (5) Assist each eligible person to complete applications for payments section 6054 and Article 4) is to be built and fmanced. and benefits. (9) A staodard information statement to be sent to all persons to be dis- (6) Assist each eligible, displaced person to obtain and move toacom- placed (as required by section 6046). parable replacement dwelling. (10) Temporary relocation plans. if any. Only adequate inspection will insure that a particular unit meets this (II) A description of relocation office operation procedures, standard. If a displaced person occupies a unit to which he is refemod by (12) Plans for citizen participation, the ¡>Jblic entity and the unit does not satisfy the comparable replacement (13) AIl enumeration of the coordination activities undertaken (pur- dwelling standard. the public entity hasnot fulfilled its obligation to assist suant to section 6052), the displaced person to obtain such a dwelling, Whenever this occurs the (14) The comments of the relocation committee, if any (pursuant to public entity shall offer to locate such adwelling for the displaced person section 6012), and to pay again all moving and related expenses, !fthe displaced persal (15) A written detennination by the public entity that the necessary re- chooses not to move from the unit that he occupied following referral. the soo",es will be available as required, public entity shall not assert that he is ineligible to receive relocation as- (c) A Plan prepared by a local public entity shall becalsistent with the sistance and benefits on the basis of that unit's failure to satisfy the com- local housing element. parable replacement dwelling standard, (d) In the event of delay of more than ale year in the implementation (7) Assist each eligible person displaced from his business orfarm op- of the relocation program. the plan shall be updated prior to implementa- eration in obtaining and becoming established in a suitable replacemenl tion of that program, location. Page 265 c.-I.3 ..s..,97, No." 1-,S-97 -. .. - -... § 6042 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 (8) Provide any services required to insure that the relocation process (1) When displacement is necessitated by a major disaster as deemed does not result in different or separate treatment on account of race, color, in Section 102(2) of the Hazard Mitigation and Relocation Assistance religion. national origin. sex, marital status. familial status, or any basis Act of 1993 (42 U,S.C 5121) andlor the California Natural Disaster As- protected by state or federal anti-<iiscriminationlaws. or any other arbi- sistance Act. tral)' circumstances, (2) Duriog periods of declared national or state emergency. (9) Supply to such eligible pernons information concerning federal and NOTIC Authority cited, Sectioo 50460. Health and Safety Code. Reference, Sec- state boosing programs, disaster loan and other programs administered uoos 7260,5. 7261 aDd 7264.5, Govemmeot Code. by the Small Business Administration. and other federal or state pro- HISTORY grams, offeriog assistance to displaced pernons, 1. Ameodmeotofsubsectioos (a) aDd (e)(l) and new Nou:fùed S-12-97; opera- (10) Provide other advisory assistance to eligible pernons in oroer to tive 9-lt-97 (Register g¡, No, 33). minimize their bamsbips. It is recommended that, as needed, sucb assis- § 6044. Temporary Move. tance include counseling and referrals with regam toboosing, fmancing, (a) General. employment, training, health and welfare, as well as other assistance, (I) A public entity shall be required to minintize to the greatest extent (II) Inform all pernons who are expected to be displaced aboot the feasible the use of temporary relocation resoun:es (as dermed in section eviction policies to be purnued in carrying ont the project. which policies 6042) but. when a project plan anticipates moves back into completed shall be in accoroance with the provisions of section 5058, project accommodations. temporary relocation resoorces may be used. (b) Relocation Office, at the displaced pernon's election for a limited period of time. When a substantial number of pernons will be displaced and the reloca- (2) Temporal)' relocation does not diminish the responsibility of the tion staff's office is not easily accessible to those pernons, a displacing pubic entity to provide relocation assistance. services and benefits de- entity is encouraged toestablisb at least one appropriately equipped site signed to achieve pennanent relocation of displaced pernons into compa- office which is accessible to all the area residents who may be displaced rable replacement dwellings, and is staffed with trained or experienced relocation pernonnel. Office (b) Requirements, hours should be scheduled to accommodate pernons ooable to visit the of- (I) Temporal)' replacement housing may not be relied upon if compa- fice duriog normal business bourn. rable replacement housing will not be available to the displaced pernon (c) Eacb displacing entity shall establish and maintain a formal griev- within 12 months of the date of the temporary move, once procedure for use by displaced pernons seeking administrative re- (2)Priorto the move, the public entity sballbave determined andbave view of the entity's determinations, The procedure shall be in accoroance provided written assurance to each displaced pernon that: with the requirements of Article 5, (A) Comparable replacemeot housing will be made available at the NOTIC Authocity cited, Sectioo 50460, Health and Safety Code, Refereoce' Sec- earliest possible time but in any event no later than 12 months from the tioo, 7260,5 ",d 726t. Govemmeot Code, date of the move to temporary housing, Temporarilyboused pernons may HISTORY agree toextend the 12month limitation but, iftheydonot. the public enti- 1. Ameodmeot of subsectioos (a)(l) and (0)(8) and oew Nou:filed S-t2-97; op- tysball ensure thatcomparable replacement dwellings are available with- erative 9-lt-g¡ (Register 97, No, 33), in the 12 month period. (B) Comparable replacement housing will be made available. on a § 6042. Replacement Housing Prior to Displacement; priority basis, to the individual or family who bas been temporarily re- housed. Notices to Displaced Peraons. (e) The move to temporary housing will not affect a claimant's eligi- (a) Noeligible pernon shall be required to move frombis dwelling 00- bility for a replacement housing payment nor deprive him of the same less within a reasonable period of time priorto displacement comparable choice of replacement boo sing units that wouldbaye been made available replacement dwellings (as defined in subsection 6008(c» or, in the case bad the temporary move not been made and the costs of a lemporal)' move of a temporary move (as defined in section 6044). adequate replacement will not be considered as all or a part of the relocation payments to which dwellings (as deemed in subsection (b) below) are available to such per- a displaced pernon is entitled. son, (D) If a project plan anticipates moves back into replacement housing (b) The criteria for adequate replacement dwellings are in all respects accommodations in the project or program area, the pernon who bas been identical to those for comparable replacement dwellings, except that an temporarily displaced will be given priority opportunity to obtain such adequate replacement dwelling. with respect to the number of rooms. housing accommodations. babitable living space and type of construction. need be only adequate not (E) The public entity will pay all costs in connection with the move to comparable, temporary housing, including increased housing costs. (c) Reasonable Offer of Replacement Hoosing, The requirements of this section shall be deemed tobave been satisfied § 6046. InformatIonal Program. if a pernœ is offered and refuses without justification reasonable choices (a) Basic Requirements, of specifically identified comparable replacement dwellings which fully The displacing entity shall establish and maintain an information pro- satisfy the criteria set forth in the Guidelines, The offern shall be io writ- gram that provides for the following; ing. in a language ooderntood by the displaced pe",on, The number of of- (I) Preparation and distributiœ of informatiœal material as early as fern determined to be reasonable sboold be not less than three, practicable. to each occupant of the property, This material shall be dis- (d) Notice, lributed within 60 days following the initiatiœ ofnegotiatiœs(see para- No eligible pernon occupying property shall be required to move from graph 6O4O(a)(I» and not less than 90 days in advance of displacement a dwelling or to move a business or farm operation, without at least 90 except for those situations described in subsection 6O42(e), Where ap- days written notice from the public entity requiring the displacements, propriate, separate informational statements shall be prepared for resi- Public entities shall notify each individual tenant to be displaced as well dential and fornon-residential occupants. as each owner-occupanl. (These requirements are in addition to those (2) Conductingpernœal interviews and maintaining pe",onal contacts cœtained in sections 6040 and 6046,) with occupants of the property to the maximum extent practicable, (e) Waiver, (3) Utilizing meetings, newsleltern. and other mechanisms, including The requirement in subsection (a) above may be waived only when im- local media available to all pernons, for keeping occupants of the property mediate possessiœ Df real property is of crucial importance and by œe informed on acontinuing basis. The criteriœ forselectingamongvarious of the following circumStances; altematives shall be the likelihood of actually communicating infonna- Page 266 e. -( c.f ""...,97,No,"'I-I>-97 -.. ".. ...- Title 25 Department of Housing and Community Development Programs § 6052 tion to such persons, Legal publications, legal ads in local newspapers of rooms and bedrooms, the amount ofbabitable living space, and locational geoeral circulation and similar means which may go unnoticed are factors including among others public utilities. public and commercial deemed to be inadequate. facilities (including transponation and schools) and neighborhood condi- (b) Language. Infonnational material should be prepared in the lan- tions (including municipal services), Othermatters thatconcem ahouse- guage(s) most easily understood by the recipients. In displacement areas hold as itS members contemplate relocation should also be included. where there are significant concentrations of persons who do not read, (d) A written analysis of relocation housing needs shall be prepared. write, or understand English fluently. the native language of the people It shall be prepared in sufficient detail to enable determination of the should be used and all infonnational material should be provided in the avajjability for all potential displaces of housing which meets the stan. native language(s) and English. danls set forth in the definition of comparable replacement housing. The (c) Method of Delivery. To assure receipt of the infonnational materi- infonnation concerning home ownersbip and rental unitS sball be pro- al. the local agency should arrange tohavethematerialeitherhand--<ieliv- vided separately. The number of unitS needed shall be identified by cost ered to each occupant of the property with a request for a written receipt, foreach size category. The needs of elderly and handicapped households or sent by certified mail. return receipt requested, sball be shown separately and shall include infonnation on the number (d) General and Specific Infonnation, In addition to disseminating of such households requiring special facilities and the nature of such faci- general infonnation of the type described in this section. the displacing lities, entity shall also provide each person with individual. written notification The statement of relocation housing needs shall include a description as soon as his eligibility status has been established, of the locational characteristics of the displacement area neighborhoods (e) Content of Infonnational Statement. Attachment A identifies the corresponding to the requirements of comparable replacement housing, kinds of information required to be included in statements distributed to Information shall be provided concerning proximity to present employ. occupants of the property. The figure listS minimum requirements, The ment sources. medical and recreational facilities, parl<s. community cen. displacing entity should include any additional information that it be- ters, shopping. transportation and schools, Information concerning prox- lieves would be helpful. (See Attachment A,) imity to other relevant needs and amenities is essential to ensuring that Nore Authority cited, Section 50460. Health aDd Safety Cod" Reference, Sec. no residents are incapacitated by the relocation and such information also tioos 72(fJ. 72(fJ,5 and 7261. Government Cod" should be provided, HISTORV 1. Ameodmeot of subsectioo (a)(I) fùed 11-5-76 as ao emergency; deSIgnated § 6050. Failure to Conduct Timely and Effective Survey. effective 11-27-76 (Reg"ter 76, No. 44). 2. CertifICate ofComptiance filed 2-16-77 (Register 77. No.8). When a survey is not conducted in a timely and effective manner. the 3. Ameodment of subsecltoo (a)(l) aDd oew No"IE filed 8-12-97; operative public entity shall be obligated to make every effon to locate all eligible 9-tl-97 (Reglster97,No, 33), persons who have moved so that their needs can be included in the survey and the impact on the housing stock in the community can be more accu- § 6048. Survey and Analysis of Relocation Needs. rarely detennined, The public entity shall offer such persons all reloca- (a) (I) Requirement. Immediately following the initiation of negoti- tion assistance and benefits for which they otherwise qualify and. in addi- ations interview all eligible persons. business concems, including non. tion. shall compensate such persons for all C06ts occasioned by the profit organizations, and farm operations to obtain information upon entity's fajjure to provide timely notice and offers of relocation assis- which to plan for housing and other accommodations, as well as counsel- tance and benefits. ing and assistance needs, (2) Coordination with Other Agencies. Other agencies may also be § 6052. Survey and Analysis of Available Relocation conducting surveys in the area at the same time, Cootdination will be nec- Resources. essary to avoid duplication and to ensure that necessary information is (a) (I) Toenable a public entity reasooably to determine that the requi- available at the appropriate time, Surveys utilized togatherdataforsocial site comparable replacement dwellings will be available. the public enti- service referrals should be planned in cooperatioo with social service ty, within 60 days following the initiation of negotiations. shall initiate agencies and a referral system should be established. a survey and analysis of available comparable relocation resources. (3) Infonnatioo to Persons to Be Displaced. The local agency shall If a receot survey that provides the information identified in this sec- carefully explain and discuss fully with each person interviewed the pur- tion is not available. the public entity shall conduct a survey and analysis pose of the survey and the nature and extent of relocation payments and of the housing market. If a recent survey is available. but it does not reflect assistance that will be made available, All persons shall be advised and more recent, significant changes in housing market cooditions, the sur- encouraged to visit the relocation office for information and assistance. vey shall be updated or it shall not be relied upon, (4) Relocation Records, Based 00 infonnation obtained during the sur- (2) When more than 15 households will be displaced. survey results vey and other soun:es as applicable, the local agency shall prepare and shall be submitted for review to local housing, development and planning maintain an accurate relocation record for each persoo to be displaced. agencies and shall be compared to other existing informatioo on housing The recotd shall contain a descriptioo of the pertinent characteristics of availability. the persons to be displaced and the assistance deemed to be necessary. (3) The survey shall be updated at least annually. (b) The survey shall be by direct, personal interview. except where reo (b) The survey area shall be reasonably related to the displacement peated effons indicate that is not possible, When a person cannot be inter- area and to the needs and preferences of the persons to be displaced, as viewed or the interview does not produce the information tobe obtained indicated io the written analysis prepared pursuant to section 6048, The reasonable effons shall be made to obtain the information by other survey area shall have relevant characteristics (see subsectioo 6008(c)) means, Eligible persoos should be encoura8ed to bring any change in which equal or exceed those oftheneigbbornood from which persons are theirneeds to the attention of relocation officials. The survey shall be up- to be displaced, dated at least annually. (c) A written analysis of relocation housing resources shall be pre- (c) A public entity shall endeavorto ohtain the following information, pared in sufficient detail to enable detennination of the availability for income: whether a person is elderly or handicapped: size of family: age all potential displacees of housing which meets the standanls set forth in of children: location of joh and factors limiting accessibility; area of pre- the definition of comparable replacement housing. The information con- ferred relocatioo: type of unit preferred: ownersbiportenant preference; ceming homeownership and rental units shall be provided separately, need for social and public services. special schools and other services; The number of units available shall be identified by cost for each size eligibility for publicly assisted housiog; and with reference to the present category, Resources available to meet the needs of elderly and handi- dwelling. the rent. the type and quality of constructioo, the number of capped households shall be shown seponúely and shall include informa- Page 267 c.-I~ ",~..,97,No,'H-l>-97 § 6054 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 tion on the number of units with special facilities and the nature of such housing will be available as required, the public entity may not proceed facilities. with any phase of a project orotheractivity which will result in displace- The analysis of resoun:es shall include a description of the locational ment tmless it provides such housing. (See Article 4,) characteristics of the survey areaneighborboods corresponding to the re- (c) lithe actioo of a public entity has resulted oris resultingindisplace- quirements of comparable replacement housing. Information shall be ment and comparable replacementhousingisnot available as needed. the provided concerning proximity to present employment sources (with the public entity shall use its funds, or funds authorized for the project to pro- coosentofthe displaced person a potential employer may be substituted), vide such housing (see Article 4), or shall tenninate or suspend furtber medical and recreational facilities, parks, community centers, shopping, implementation of the project activity in accordance with the provisions transportation and schools, Infonnatioo concerning proximity to other of section 6018. relevant needs and amenities is essential to ensuring that residents are not (d) Temporary relocation reSOUICes may be relied upon in the interim incapacitAted by the relocation and such infonnation sbould also be pro- tmly if the provisions of section 6004 are satisfied, vided. § 6056. Termination of Relocation Assistance. (d) (I) Units which do not satisfy the standards of comparahle replace- ment housing, including the locational criteria, shall not be counted as a A public entity's relocation obligatioos cease under the followingcir- relocation resource, cumstances: (2) Uncompleted new coostruction or rehabilitation shall not be in- (a) A displaced person moves to a comparable replacement dwelling cluded in the gross figure tmless there is a substantial likelihood that the and receives all assistance and payments to which he is entitled, units will be available when needed and at housing or rental costs within (b) The displaced persoo moves to substandard housing, refuses rea- the fmancial means of the prospective occupants. sonable offers of additional assistance in moving to a decent. safe and (3)lnaddition to the otherrequirements of this sectioo. the gross figure sanitary replacement dwelling and receives all payments to which he is representing the number of units available sball be discounted to reflect entitled. both coocunent displacement and the extent to which tumover is repre- (c) All reasonable efforts to trace a person have failed. To ensure that sented. Concunent displacement by the federal government and its agen- the action of a public entity does not reduce the housing supply in critical cies, including federally-assisted projects, as well as displacement by categories or locations, unsuccessful efforts to trace a particular dis- other public entities shall be taken into account. Turnover is the dynamic placed person shall not lessen the obligation to provide last resort bous- operation by which occupancy changes occur within a standinginvento!)' ing, (See Article 4,) over a period of time and theoretically coold occur in the complete ab- (d) The business concem or farm operation has received all assistance sence of vacancies on a person to person basis, The use of turnover for and payments to which it is entitled and has been successfully relocated relocation is not permissible, The displacing entity shall assume that four or has ceased operatioos. percent of the rental and one percent of the ownership units which meet (e) A person displaced from his dwelling, business or farm refuses rea- the standards of comparable replacement dwellings (see section6OO8(c) sonable offers of assistance. payments and comparable replacement represents tumover, The displacing entity shall use a higher pen:entage housing. figure if such figure is more accurate, The displacing entity may use a § 6058. Eviction. lower figure if it establishes that the lower figure is a more accurate as- (a) Evictioo is peimissible only as a last resort, It innoway affects the sumpuon, eligibility of evicted displaced persons for relocation payments, Reloca- (4) Publicly subsidized housing, including public housing. shall not be tion records must be documented to reflect the specific circumstances counted as a resoutt:e tmless it reasonably can be established that: surrounding the eviction, (A) The units will be available when needed: (b) Eviction shall beundertalcen only for one or more of the following (B) The governmental body providing the subsidy has made, in writ- reasons: ing, a reasonably binding commitment of assistance: and (I) Failure to pay rent. except in those cases where the failure to pay (C) The urnts have been tnSpected and detennmed to be decent, safe is due to the lessor's failure to keep the premises in habitable condition. and samta!)' and the mcome celhngs. rent ranges and age restncttons, tf . is the result of harassment or retaliatory action oris the resultofdisconti- any. have been conSIdered".. nuation or substantial interruption of services, (D) The numberofurnts avlUlabl~ m the commurotyexceeds the num- (2) Peñonnance of a dangerous, illegal act in the unit. ber of households m need of the umts, ThIS reqUIrement may be wlUved (3) Material breach of the rental agreement and failure to correct by the department if the public entity can establish that such units will be breach within 30 days of notice, replaced by last resort housmg wlthm two years, Toestabhsh that lastre. (4) Maintenance of a nuisance and failure to abate within a reasonable sort housing will be developed as required the public entity must have site time following notice, control Wtth pemusstve wrong. prelUl1lI1ary plans and condttlonal com- (5) Refusal to accept one of a reasonable number of offers of replace- mitments for subsidy and fmancing or the equivalent. The public entity ment dwellings. also must Identify ownership.. ...", (6) The eviction is required by State or local law and cannot be pre- (e) Uocompleted new construCtion or rehabthtatloo whIch IS SUbsl- vented by reasooable efforts on the part of the public entity. dized by public funds shall not be counted as a relocation resoutt:e unless the units are being subsidized to provide relocation resoutt:es. § 6060. Evaluation of Relocation. No", Authority cit«!: Sectioo 50460, Health and Safety Code, Reference: Sec- (a)A public entity is encouraged toevaluate its relocation program,as- tioos 7260,5 and 7261. Govemment Code, sessing the quality and quantity of services provided as well as displacee Htsro.y satisfaction. todetennine the adequacy of program planning and to ascer- t, Ameodmeot ofsubsectioos (a)(1 1 and (a)(2l.cOlTCctioo ofsubsectioo (el desig- taln whether any persons have been denied the full benefits and services oator. and new Non:ftled S-12-97; operative 9-11-97 (Rogisrer97,No. 33), towhich they are entitled. The evaluation shouldbe based upon an annual or continual inspection of files and records. case interviews, and inspec- § 6054. La8t Raaort Hou8lng. tion of replacement hœsing and business and farm replacement locations (a) No eligible person shall be required to move from his dwelling be- and discussions with local individuals or organizations familiar with re- cause of the action of a public entity tmless comparable replacement location issues, A written evaluation should be prepared at least annually, housing is available to him, (b) The mes and records of displaced persons and property owners (b) If on the basis of its survey and aoalysis of relocation needs andre- should be selected at randOO1, The review should include any cases that sou",es a public entity cannot detennine that comparable replacement were identified by previous monitoring as requiring corrective action and Page 268 C-((ó ."...,97,No,3H-l>-97 --- Title 25 Department of Housing and Community Development Programs § 6090 should assess the public entity's progress in tAkiog corrective action. (13) The impact on those segments of the housing market setViog the Both relocation and acquisition activities should be covered by the re- income groups displaced. vtew. (1) The relocation sample should ioclude cases in which all payments Article 3. Relocation Payments bave been completed and cases in wbich the pe"on bas been displaced but all payments bave not yet been made. The sample should provide a § 6080. Purpose- hasis for the reviewer to determine not only whether payments were com- The purpose of this Article is to set forth the types of. and specific elig;- puled properly and made promptly, but also whether displaced pe"ons bility criteria for. relocation pa}TI1ents to displaced pe~ons. Basic elig;- received proper notice of the full range of relocation assistance and ser- vices towhicb they are entitled, Priority attention should be given to cases bilityconditions are set forth in section 6084, Specific conditions relating io which a grievance has been fùed or the agency has determined that a to particular payments are described in later sections. pe~on is ioelig;ble for relocation benefits, § 6082. Relocation Payments by Public Entity. (2) The acquisition sample should be based on cases in which settle- A public entity shall make relocation payments to or on behalf of elig;- ment has been completed, However, if necessary to provide a representa- ble displaced pe~ons io accordance with and to the full extent permined tive sample of acquisition activities, the reviewer should include incom- by this Article. The obligations described in this Article are in additioo plete transactions io which negotiations have been initiated, to those in Article 6. (c) Afterthe records andfùes have been reviewed, the reviewer should § 6084. Basic Eligibility Conditions. select cases for further evaluation through pe"onal intetViews with dis- placed pe"ons and!orowne~ and the inspection of housing to which per- A pe"onestablishes basic elig;bility for relocation payments ifhe sat- isfies the conditions described in section 6034. A pe"on who moves from sons have moved. The intetViews and housing inspections should setVe real property or who moves his pe~onal property from real property be- both to spot check the accuracy of the information obtained in the exami- nation of the records and files and g;ve the reviewer a better pe"pective cause he will be displaced from other real property on which he cooducts 00 the agency's perfonnance, a husiness or farm operatioo. establishes eligibility on the basis of the The number and type of cases for which intetViews and housing in- move from such other property only for payments made pu"uant tosec- specticns are to be earned out should reflect the reviewer's judgment tion 6090, based 00 the infonnation he has just reviewed, Generally, an intetView § 6086. Notice of Intent to Displace. and inspection should be earned out for at least one of every five cases A puhlic entity may issue a written Notice of Intent to Displace at any for which the fùes and records have been reviewed, Only where the num- time after forming a reasonable expectaticn of acquiring real property. ber of pe"ons displaced is less than 25 should the number of intetViews Such anotice, by establishing eligibility priOrlO acquisition. will enable and inspections be less than 10, In no case should the number of inter- a public entity to respond to hardship and other situations, views and inspectioos be lower than the lesser of five and the number of § 8088. Filing of Claims; Submission of Tax Returns. pe"oos displaced, To the extent possihle, the intetViews should cover a representative cross sectioo of the types of cases in the agency's work- All claims filed with the puhlic entity shall be subinitted within eigh- load: e,g.. relocation cases involving families of various sizes as well as teen mooths of the date 00 which the claimant receives fmal payment for individuals and business coocems (includiog both owne" and tenants). the property or the date on which he moves, whichever is later. The dis- and acquisitioo transactions involving residential, commercial and in- placing entity may extend this period upon a proper showing of good dustrial properties, cause. Except where specifically provided othelWise a claimant shall not be (d) In additioo to the ahove, the following facto~ are amoog those required tosubinit a copy of his tax retums in suppo" of a claim forrelo- which should be considered: (I) The effectiveness of efforts to provide relocatioo setVices to dis- caUoo payments. placed pe"ons. including timeliness of notice and correctness of eligibil- § 6090. Actual Reasonable Moving Expenses. ity detenninatioos, (a) General. A puhlic entity shall make a payment toadisplaced pe"cn (2) The satisfacticn of relocated families. individuals and business who satisfies the pertinent elig;bility requiremeots of sectioo 6084 and coocems in their new locatioos, the requirements of this section, for actual reasonable expenses specified (3) The extent to which self-moves to substandard housing have been below and subject to the liinitaticns set forth in subsection (c) of this sec- ininimized, tionformovinghimself, his family, business. farmoperaticn orotherper- (4) The effectiveness of efforts to provide relocation setVices to busi- sooal property, In all cases the amount of a pa}TI1ent shall not exceed the ness cCllcems. including counseling services and SBA loans to aid in reascnable C06t of accomplishing the activity in ccnnectioo with which their reestablishment. a claim has been fùed. (5) The promptness of processing claims and the making of payments, The moving and related expeoses for which claims may be filed shall including the amounts. delivery. and use of relocation payments. include: (6) The number and magnitude of rent increases following acquisition (I) Transpotüticn of pe"ons and property not to exceed a distance of and displacemeot. 50 iniles from the site from which displaced. except where relocatioo be- (7) The effectiveness of methods used to resolve difficulties experi- yond such distance of 50 miles is justified: enced by site occupants. (2) Packing. crating. unpacking and uncrating p,""ooal property: (8) The effectiveness of the public entity's grievance procedures. (3) Such storage of pe~ooal property, fora period generally not toex- (9) The extent of resident involvement in planning the relocaticn pro- ceed 12mooths,asdetennined by the public entitytobenecessaryincoo- gram. oection with relocation: (to)The effectiveness in assuring equal opportunity fordisplaced per- (4) Insurance of pe"cnal property while in storage or transit: and scns and in reducing patterns of minority-group coocentration, (5) The reasooable replacement value of property l06t. stolen or dam- (ll) The effectiveness of relocatioo in upgrading the housing and aged (not through the fault or negligence of the displaced person. his overall environmental cooditioos of pe"ons displaced, agent. or employee) in the process of moving. where iosurance covering (12) The effectiveness of the social service program, including coon. such I06S, theft or damage is not reasooably available, seling services, in helping residents adjust to relocatioo and in helping (6) The cost of disconnecting, dismantling. removing, reassembling, solve individual and fainily problems, reconnecting and reinstalling machinery, equipment or other pe~onal Page 269 c.-/7 ..",..91. No. 33,"-1>-91 § 6090 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 property (including goods and inventory kept for sale) not acquired by operatioo shall be supponed by competitive bids in sucb number as are the public entity. including coonection charges imposed by ¡>1blic utili- practical. If the public entity determines that compliance with the bid re- ties for starting utility service. quirement is impractical or if estimates in an amount of less than $1.000 (b) Actual Reasooable Moving Expenses-Displaced Business Cou- are obtained, a claim may be supported by estimates in lieu of bids. cerns and Fann Operations. (b) Whenever a public entity must pay the actual cost of moving adis- In addition to those compensable expenses set forth in subsection (a) placed persoo the costs of such move shall be exempt from regulation by of this section, a displaced business concem or fann operatioo may file the Public Utilities Commissioo as provided by section 7262(e) of the a claim for the following moving and related expenses: Act. The public entity may solicit competitive bids from qualified bidders (I) The cost, directly related to displacement of modifying the machin- forperfonnance of the work. Bids submitted in respoose to such solicita- ery. equipment. or other per>onal property to adapt it to the replacement tions sball be exempt from regulation by the Public Utilities Commission. location orlo utilities available at the replacement location or modifying (i)(t) Reestablishment Expenses, In addition to moving expense pay- the power supply, ments. a fann, nonprofit organization or small business of not more than (2) Claims forpaymentunderthis subsection shall be subject to the fol- 500 employees, shall be entitled to actual and reasonable reestablishment lowing limitatioos: expenses, not to exceed $10,000.00, Reestablishment expenses shall be (A) Reimbursable costs shall be reasooable in amount. only those expenses that are reasooable and necessary and include, but (B) The cost could not be avoided or substantially reduced at an alter- are not limited to: nate available and suitable site to wlllch the business was referred, (A) Repair> or improvements to the replacement property as required (3) The cost of any license, permit or certification required by a dis- by Federal. State or local law, code or ordinance. placed business concem to the extent such cost is necessary to the rees- (B) Modificatioos to the replacement property to accommodate the tablishment of its operation at a new locatioo. business operation or make replacement structures suitable forcooduct- (4) The reasooable cost of any professional services (including but not ing the business. limited to, architects', attomeys' or engineer>' fees. or consultants' (C) Construction and installation costs forextetiorsigning to advertise charges) necessary for planning the move of personal property, moving the business, the personal property. orinstallatioo of relocated personal property at the (D) Provision of utilities from right-of-way to improvements 00 the replacement site. replacement site, (5) Where an item of persooal property which is used in connection (E) Redecoration or replacement of soiled or wom surfaces at the re- with any business or fann operatioo is not moved but is replaced with a placement site. such as paint, panelling or carpeting, comparable item. reimbursement in an amount not to exceed (I) the re- (F) Licenses, fees and permits when not paid as part of moving ex- placement cost. minus any net proceeds received from its sale, or (2) the penses. estimated cost of moving. whichever is less. (G) Feasibility surveys, soil testing and mariteting studies, (c) Advance Payments, A displaced person may be paid for his antic i- (H) Advertisement of replacement location, pated moving expenses in advance of the actual move, A public entity (I) Professiooal services in connection with the purchase or lease of a shall provide advance payment whenever later payment would result in replacement site, fmancial hardship, Particularcoosideratioo shall be given to the fmancial (1) Estimated increased costs of operation during the fir>t 2 years at the limitations and difficulties experienced by low and moderate income per- replacement site for such items as: soos and small fann and business operations, I. Lease or rental charges. (d) The specific provisions contained in this section are not intended 2, Per>onal or real property taxes, to preclude a public entity's reliance upon other reasonable means of ef- 3, Insurance premiums. and fecting a move, including contracting moves and arranging for assign- 4. Utility charges, excluding impact fees. ment of moving expense payments by displaced persoos, (K) impact fees or one-time assessments for anticipated heavy usage, (e) Self-moves, Without documentation of moving expenses actually (L) Other items essential to the reestablishment of the husiness, incuired, a displaced per>on electing to self-move may submit a claim (M) For purposes of this subsection the tenn "small business" shall for his moving expenses to the ¡>1blic entity in an amount not to exceed mean a business having not more than 500 employees worltingat the site an acceptable low bid or an amount acceptable to the displacing entity. being acquired or displaced by a program or project, wlllch site is the 10- (f) Persooal Property of Low Value and High Bulk-Business orFann catioo of economic activity. Sites occupied solely by outdoor advertising Operation, Where. in the judgment of the public entity, the cost of moving signs, displays, or devices do not qualify as a small business for purposes any item of personal property oflow value and high bulk which is used of this subsection, in connection with any business or farm operation would be dispropor- (2)Ineligible expenses, The following is anonexclusive listingofrees- tionate in relation to its value, the allowable reimbursement for the ex- tablishment expenditures not considered to be reasonable, necessary, or pense of moving such property shall not exceed the difference between otherwise eligible: the cost of replacing the same with a comparable item available 00 the (A) Pun:hase of capital assets, such as, office fumiture.filingcabinets. market and the amount which would have been received for such proper- machinery. or trade fixtures. ty on liquidation, This provision may in appropriate situatioos be applied (B) Purchase of manufacturing materials. production supplies, prod- to claims involving the moving of junkyards, stockpiles, sand, gravel. uctinventory. orotheritems used in the nonnal coorse of the business op- minerals. metals and similar property. eration, (g) Documentation in Support of a Claim, (C) Interior or exterior refurbishments at the replacement site wlllch (t) General, Except in the case of adisplaced persoo conducting a self- are for aesthetic purposes. except as provided in paragraph (i)(I)(E) of move as provided in subsection (e) above, a claim for a payment uoder this section. this section shall be supponed by a hill or other evidence of ex penses in- (D) Interest on money borrowed to make the move or purchase the re- curred, By prearrangement between the public entity. the site occupant. placement property. and the mover, evidenced in writing, the claimant or the mover may pres- (E) Payment to a part-time business in the home which does not con- ent an unpaid moving bill to the public entity. and the public entity may tribute materially to the hoosehold income, pay the mover directly, No,," Authority cited: Section SO4éO. Health and Safety Code, Reference: Sec. (2) Business and ~arm Operations, Each claim in excess of $1.000 for tion 7262(0)(4), Govemmeot Code. the costs incuired by a displaced person for moving his business or farm Page 270 ~19 .."u,",No,'H-I"" --. ..- Title 25 Department of Housing and CommUlÙty Development Programs § 6100 HIS1ORY 2. Certificate of Compliance Oded 2-1&-77 (ReglS<er 77. ,",0. B). 1. Amendmeot of section and oew ,,"IT filed &--12-97; operative <>-11-97 (Reg. 3. Ameodmeot of sectloo and oew NOIT filed &--12-97; operauve <>-11-97 (Reg- ister 97. No, 331. Ister97. :0;0,33). § 6092. Actual Direct Losses of Tangible Personal § 6100. Alternate Payments-Businesses and Farm Property. Operations. (a) General, A public entity shall make a payment loadisplaced person (a) General. who satisfies the eligibility requirements of section 6090 and this section, (I)A person whois displaced from his place of business orfarmopera- for actual direct losses of tangible personal property as a result of moving tion and is eligihle for payments under sections 6090, 6092, 6094, or or discontinuing a business or fann operation, in an amount determined 6096. and complies with the requirements of this sectien. may elect tore- by the public entitytobe in accordance with the provisions of this section. ceive and shall be paid, in lieu of such payments, a payment equal to the (b) Determining Actual Direct Loss of Property. Actual direct loss of average annual net earnings of the business orfann operation (but not in- property shall be determined on the basis of the lesser of the following; cluding a business as described in section 6096) as determined in accor- (I) The fair market value of the property for continued use at its loca- dance with subsection (b) below, except that such payment shall be not tion prior to displacement. less than S 1.000 nor more than $20,000. For purposes of this section. the (2) The estimated reasonable costs of relocating the property. dollar litintation specified in the preceding sentence shall apply to a The public entity may require that the ownerfmtmake a bona fide ef- single business, regardless of whether it is carried on under one or more fort to sell the property or it may pennit the owner not to do so, The pro- legal entities. ceeds realized from any sale of all orpart of the property shall be deducted (2) Loss of Goodwill. When payment under this section will precede from the determination ofloss. In calculating payment under this section settlement of a claim forcompensatienforloss of goodwill underthe Em- the reasonable cost of an effort to sell sball be added to the determination inent Domain Law, the public entity before tendeting payment shall state ofloss. in writing what portion of the payment. if any. is considered to be com- (c) Documentation to Support Oaim. A claim for payment hereunder pensation for loss of goodwill and shall explain in writing that any pay- shall be supported by written evidence ofloss which may include apprais- ment made pursuant to Code of Civil Procedure. Sections 1263.510 el als, certified prices, bills of sale. receipts, cancelled checks. copies of ad- seq, (the Eminent Domain Law, Cbapter 9, Article 6-"Compensation vertisements, offers to sell, auction records, and other records appropri- for Loss of Goodwill") will be reduced in the same amount. The portion ate to support the claim or the public entity may agree as to the value of considered to be compensation for loss of goodwill shall not exceed the the property left in place, difference between the payment made under this section and an amount § 6094. Actual Reasonable Expenses In Searching for a which reasonably approximates the payments for which the displaced pe"en otherwise would be eligible under Sections 6090, 6092, 6094. and Replacement Business or Farm. 6096, Failure to provide such written statement and explanatien shall A displaced person who satisfies the pertinent eligibility requirements constitute a cenclusive indication that no portion 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 pottion of the Code of Civil Procedure referenced above. for a replacement business or fann. including expenses incutTed fo~ (b) Requirements-Businesses, Payment shall not be made under this (a) Transportatioo; sectioo unless the public entity determines that: (b) Meals and lodging away from home; (I) 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 without a suhstantialloss of its existing patrooage. based on or earnings of the displaced person or his representative: and a coosideration of all pertinent cin:uoostances including such factors as (d) Fees paid to a real estate agent or brokerto locate a replacement the type of business conducted. the nature of the clientele. the relative im- business or farm, portance to the displaced business of its present and proposed location, No"," Authority cited; Sectioo 50460. Health and Safety Code. Refereoce: Sec- and the availability of a suitahle relocation site; tloo 7262(a)(3). Govemmeot Code, (2) The business is not part of a commen:ial enterprise having no more H,smRY I, Amendmeot offil't paragraph and subsectioo (c) and DeW NoITfiled B-1 2-97: than three (3) other establishments which are not being acquired for a operative <>-tl-97 (Register 97. No, 331, project and which is engaged in the same or sitinlar business. Whenever the sale remaining facility of a business which has been displaced from § 6096. Moving Expenses-Outdoor Advertising its principal location: Businesses. (A) Has been in operation for less than tWo years; A displaced person whocooducts a lawful activity primarily forassist. (B) Has had average annual gross receipts of less than $2,OOOduriog ing in the pun:hase. sale. resale. manufacture, processing. or marketing the two taxable years prior to displacemeot of the major component of of products. commodities, personal propetty, or services by the erection the business; or and maintenance of outdoor advertising displays is eotitled to payment (C) Has had average annual net eamings ofless than $1.OOOduringthe for the reasonable cost of moving such displays or their in-place value. two taxable yem prior to the displacement of the major component of whichever is lesser, the business. the remaining facility will not be considered another "estab- Alternate Pay_nts-Indlvlduals and Families. lishment" for purposes of this section; and ~ 6098. (3) The displaced business: A persoo or fanúly. who is displaced from a dwelling and is eligible (A) Had average annual gross receipts of at least $5,OOOduriog the tWo fora payment for actual reasDOable moving expenses under section 6090, taxable years prior to displacement: or 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 ex pense and dislocation allowance determined in accordance with estab- $1.000 during the two taxable yem prior to displacement: or lished Federal Highway Administratioo schedules maintained by the (C) The displaced business cootributed at least 33 1/3 percent of the California Department of Transportation, total gross income of the owner(s) during each of the two taxable yem No"," Authority cited: Section SO46O. Health 8I1d Safety Code, Reference: Sec- priorlodisplacement.lfin any case the public entity determines that the tloo 7262(b). Govemmeot Code. two year period prior lodisplacement is not representative of average re- HtsmRY ceipts.eatinogs orincome, it may make use of a more representative peri- l. Amendmeot of subsectloo (a) filed 11-5-76 as an emergeocy; deSlgoated ef- fective 11-27-76 (Register 76, No, 44), od. Page 271 ê -/'1 ""'."', No,3"'--I>-" § 6102 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 (D) If the application of the above criteria creates an inequity or bard- of section 6084 and !be conditions of subsection (b) of this section, a pay- ship. the displacing agency may use other criteria as pernritted in 49 CFR ment not to exceed a combined total of $22.500 fo~ 24,306. (1)The amoont.if any, which when added to the acquisition cost of the (c) Determinatioo of Number of Businesses. dwelling acquired for the project equals the reasonable cost. as deter- In determining wbe!ber one or more legal entities. all of wbicb have mined in accordance wi!b subsection (c). of a comparable replacement been acquired. constitute a single business. !be following facto,,; amoog dwelling. This amoum sballnot exceed the difference between the acqui- othe,,; shall be considered: sition price of the acquired dwelling and the actual purcbase price of the (1) The extent to which the same premises and equipment are shared, replacement dwelling. except where a displaced pt"'on. in the circum- (2) The extent to which substantially identical or intimately intetre- stance described in paragraph 6108(a)(I). is willing to use the extra lated businessftmctioos are pu,,;uedand business and financial affai,,; are mooey to improve the condition of the dwelling. commingled. (2) The amoont,if any. to compensate the displaced pe"on for any in- (3) The extent to which such entities are held out to the public. and to creased interest costs. as determined in accordance with subsection (c). those customarily dealing with such entities, as one business. he is required to pay forfmancing the acquisition of a replacement dwell- (4) The extent to which the same pe"on or closely related pe"ons ing. The payment shall not be made unless the dwelling acquired by the own. control or manage the affairs of the entities. public entity was encumberedhy a bona fide mortgage which was a valid (d) Requirements-Farms. In the case of afarmoperaticn.nopayment lien 00 the dwellingfornot less than 180 days prior to the initiation ofne- shall be made under this section unless the public entity determines that gotiations for acquisition of such dwelling, (This time requirement may the farm met the defmition of a farm operation priorto its acquisition. If be modified in accordance with the provisions ofsubsectioo (b) below.) the displacementis limited to only part of the farm operaticn. the operator (3) Reasonable expenses, determined in accordance with subsectioo will be considered to have been displaced from a farm operation if: the (c) of this sectioo. incutred by the displaced pe"on incident to the pur- part taken met the defmitioo of a farm operation prior to the taking and chase of the replacement dwelling, the taking caused such a substantial change in the nature of the existing (4) In accordance with section 6108. the cost of rehabilitating adwell- farm operation as to coostitute a displacement. ing which does not satisfy the decent. safe and sanitary standard. (e) Requirements-Nooprofit Organizatioos. In the case of anonprof- (b) Eligibility Conditions. it organization. no payment shall be made under this secticn unless the (I )Adisplaced pe"on is eligible for payment under this sectionifsuch public entity determines that: pe,,;on: (1) The nonprofit organization cannot be relocated withoot a suhstan- (A) Is displaced from a dwelling that is acquired; tialloss of its existing patronage (the tenD "existing patronage" as used (B) Has actually owned and occupied such dwelling fornot less than in connection with a nonprofit organizaticn includes the membe,,;hip, 180 days priortO the initiatioo of negotiations for its acquisition: and pe"ons. community. or clientele served or affected by the activities of (C) Purchases and occupies a replacement dwelling within one year the nooprofit organization); and subsequent to the date on which he received fmal payment from the pub- (2) The nonprofit organization is not a part of an enterprise having lic entity of all costs of the acquired dwelling or the date 00 which he more than three (3) other establishments not being acquired which is en- moves from the acquired dwelling. whichever is later, gaged in the same or similar activity. (2) If an owner satisfies all but the 180 day requirement and can estab- (f) Net Earnings. The tenD "average annual net earnings" as used in ¡ish to the satisfactioo of the public entity that he bought thedwellingwith this section means one-half of any net earnings of the husiness or farm the intentioo of making it his place of residence. that the move was not operation. before federal and state income taxes. during the two (2) tax- motivated by a desire to receive relocation assistance and benefits, and able years immediately preceding the taxable year in which the business that he neither knew nor shoold have known that public acquisition was orf arm operation moves from the real property acquired for such project. intended the public entity may reduce the requirement as necessary. orduringsuch other period as the head of the public entity determines to (3) Where for reasons beyond the control of the displaced persoo com- be more equitable for establishing such earnings. and includes any com- pletion of construction. rehabilitation. or relocatioo of a replacement pensation paid by the business or farm operation to the owner. his spouse dwelling is delayed beyond the date by which occupancy is required, the or his dependents during such period. The tenD "ownet" as used in this public entity shall determine the date of occupancy to be the date the dis- sectioo includes the sole proprietor in a sole proprietorship, the principal placed person enters into a cootract forsuch ccnstruction. rehabilitation. partners in a partnership. and the principal stockholders of a cotpOration. or relocatioo or for the purchase, upon completion. of a dwelling to be as determined by the public entity, For purposes of determining a princi- constructed or rehabilitated. if. in fact. the displaced pe"oo occupies the pal stockholder. stock held by a husband. his wife and their dependeot replacement dwelling when the coosttUctioo or rehabilitatioo is com- children shall be treated as one unit. pleted. (g) If a displaced persoo who conducts a business or farm operation (4) Where, for reasons of hardship or circumstances beyond the con- elects to recei ve a fixed payment underthis section. he shall provide proof trol of the displaced pe"on. such pe"on is noable to occupy the replace- of his earnings from the business or farm operatioo to the agency con- mentdwellingbythe required date. the public entitymayextendthedead- cemed, Proof of earnings may be established by income tax returns, fi- line as necessary. If by the deadline the displaced person has ccntracted nancial statements and accounting records orsimilarevidence acceptable to purchase a replacement dwelling. the public entity should extend the to the public entity. deadline, No", Authocity cited: Secti", 50460. Health and Safety Code, Reference: Sec- (5) No person otherwise eligible for a payment under this sectioo or tioo 7262(c). Govemmeot Code, undersectioo 6104 shall be demed such eligibility as a result of his being HISTORY unable. because of a major state ornatiooal disaster. to meet the occupan- 1. Amendmeot of subsection (e)(2) filed 1 t-5-76 as an emetJIency: dcsigoated effective 11-27-76 (Register 76, No, 44). cy requirements. 2. Certificate of Compliance fùed 2-16-77 (Register 77. No, 8), (c) Computatioo of Replacement Hoosing Payment. 3, Ameodment of subsectioos (a)(lHb)(2) and (b)(3)(AI. oew subsectioo (I) Cost of Comparable Replacement Dwelling. (b)(3)tD). ameodment of ,ubsectioos (e)(2) and (I). and new NOTE filed (A) In determimng the reasooable cost of a comparable replacement 8-12-97; ~rative 9-lt-97 (Register 97. No. 33). dwelling. the puhlic entity coocemed shall use ooe of the followingmeth- f 6102. Replacement Hou8lng paymanta for Homeown..... ods: (a) General, A public entity sball make to a perscn who is displaced I. Comparaúve Method, On a case-by-<:ase basis by determining the from a dwelling and who satisfies the peninent eligibility requirements listing price of dwellings which have been selected hy the public entity Page 272 C- -;)J:> R'I"",97,N., " ,-'>-97 Title 25 Department of Housing and Community Development Programs § 6104 and which are most representative of the acquired dwelling unit and meet proximately the same density or if that is not available io a biolding of the the defmition of comparable replacement dwelling set out in subsection next less density. or. if a comparable oDe-fanlily unit in such amulti-fa- 6008(c). Whenever possible the listing price of alleast three dwellings mily building is not available, the cost of an otherwise comparable sing- shall be considered. le-fanlily structure. 2. Schedule Method. Where the public entity detennioes that the com- (e) Owner Retention. parative method is not feasible. it may establish a schedule of reasonable (I) If a displaced homeowner elects to relain. move. and occupy his acquisition costs for the various types of comparable replacement dwell. dwelling. the amount payable underthis section is the difference between ings, If more than one entity is administering a project causing displace- the acqwsition price of the acquired property and the sum of the moving ment in the area. it shall cooperate with the other entities in establisbing and restoration expenses. the cost of correcimgdecent. safe. and sanitary a unifotttl scbedule for the area. The schedule shall be based rn a current deficiencies. if any. and the actual purebase price of acomparable reloca- analysis of the market to detennioe a reasonable cost for each type of tion site, A public entity may limit the payment made under this subsec- dwelling to be purehased.in large urban areas this analysis may be con- tion to the amount of the replacement housing payment for which the fmed to the sul>-area from which persons are displaced ormaycoversev- bomeownerwould otherwise be eligible. eral different sul>-areas. if they satisfy or exceed the criteria listed in sub- (2) The payment shall not exceed $15.000. section 6008(c), To assure the greatest comparability of dwellings in any (f) Provisional Payment Pending Condemnation, analysis. the analysis shall be divided into classifications of the type of If the exact amount of a replacement housing payment cannot bedeter- construction, number of bedrooms. and price nmges. mined because of a pending condemnation suit. the public entity con- 3. Alternative Method. Where the public entity detennioes that neither cemed may make a provisional replacement housing payment to the dis- the schedule. nor comparative method is feasible in a given situation, by placed homeowner equal to the difference between the public entity's the use of another reasonable method, maximum offer for the property and the reasonable cost of a comparable (B) Whichever method is selected the costshall be updated to within replacement dwelling. but only if the homeowner enters into an agree- three months of the date of purehase of the replacement dwelling, ment that upon fmal adjudication of the condemnatioD suit the replace- (2) interest Payments, interest payments shall be equal to the dis- ment housing payment will be recomputed on the basis of the acquisition counted present value of the difference between the aggregate interest price determined by the court, If the acquisition price as detennined by applicable to the amount of the principal of the mortgage on the acquired the court is greater than the maximum offer upon which the provisional dwellingoverits remainingtetttl at the time of acquisition, and otherdebt replacement housiog payment is based. the difference will be refunded service costs, and the aggregate interest paid on the mortgage on the re- by the homeowner to the public entity, If the acquisition price as deter- placement dwelling. and other debt service costs, The tetttl and amount mined by the court is less than the maximum offer upon which the provi- of the mortgage on the replacement dwelling for purpœes of this para- sional replacementhousiogpayment is based. the difference will be paid graph shall be the lesser of the remaining term and amount of the mort- to the bomeowner. gage on the acquired dwelling. or the actual term and amount of the mort- (g) Lease of Condominium, Forthe purpœes of thissection, the leas- gage on the replacement dwelling, The amount of the debt service cost ing of a condominium for a 99-year period. or for a tetttl whicb exceeds with respect to the replacementdwellingshall be the lesserofthedebt ser- the life expectancy of the displaced person as determined by the most re- vice cost based on the cost required foracomparable dwelling. or the debt cent life tables in Vital Statistics of the United States. as published by the service cost based on the actual cost of the replacement dwelling. Public Health Service of the Department of Health. Education and Wel- Prepaid interest or "points" shall be considered in the detennioation fare, shall be deemed a pu",hase of the condominium. of aggregate interest. No'Œ Authority cited. Sectioo 50460. Health aod Safety Code, Refereoce. Sec- 10 calcularing the amount of compensation. increased interest cost tion 7263. Government Code, 'shall be reduced to discounted present value using the prevailing interest HISTORY rate paid on savings deposits by comroereial banks in the general area in I. Amendmeot of subsections (a)(I) and (a)(4) and oew NoITf,led 8-12-97,01" which the replacement dwelling is located, era';" 9-11-97 (Register 97. No, 33). (3) Expenses Iocident to the Purehase of the Replacement Dwelling. Payment under this section shall include the amount necessary to reim- §6104. Replacement Housing Psymsnts for Tenants and burse the displaced person for actual costs incurred by him incident to the Certain Others. purehase of the replacement dwelling. including but not limited to the fol- (a) General. A public entity shall make toadisplaced person whosatis- lowing: legal, closing. and related costs including title search. preparing fies the eligibility requirements of section 6084 and the conditions of sub- conveyance contracts. notary fees. surveys. preparing drawings or plats. section (b) below. a paymeot not to exceed $5.250 foreithe~ and charges paid incident to recordation; lender. FHA. V A or similar ap- (I) AD amount. computed in accordance with paragraph (dXI) of this praisal cost; FHA. V A or similar application fee; cosl for certification of section. necessary to enable such person to lease or rent a replacement structural soundness; credit repon charges; charge for owner's and mort- dwelling for a period not to exceed 4 years: or gagee's evidence or assurance of title: escrow agent's fee; and sales or (2) AD amount. computed in accordance with paragraph (dX2) of this transfer taxes. Payment for any such expenses shall not exceed the section. necessary lo enable such person to make a downpayment on the amount attributable to the purehase of a replacement dwelling, Such ex- purehase of a replacement dwelling (includiog incidental expenses de- penses shall be reasonable and legally required or customary in the com- scribed in section 6102), munity, (b) Eligibility Conditions, Reimbursement shall not be made under the provisions of this para- A displaced person is eligible for the payments specified in subsection graph for any fee. cost, charge, or expense which is detennioed to be a (a) ifhe satisfies the following conditions. part of the debt service or finance charge under Title I of the Truth in (I) Has occupied the dwelling from which he is displaced fora period Lending Act (Pub. L. 90-321), and RegulationZ issued pursuant thereto of not less than 9Odays priortothe initiation of negotiation foracquisition by the Board of Govemors of the Federal R~serve System, ADy such sum of such dwelling. should be considered in the determination of interest payments, (2) Is not eligible toreceive a replacement housing payment forhorne- (d) Multi-fanlily Dwelling, 10 the case of adisplacedhomeownerwho owners under section 61O20relects not to receive such payment. Where is required to move from a on<>-fanlily unit of a multi-family bwlding the displaced person is the owner-occupant of the dwelling. the payment which be owns, the replacement housing pøyment sha1l be based on the made under paragraph 6104(a)(2) shall not exceed the amount of pay- cost of a comparable one-family unit in a multi-family building of ap- ment to which the person would be eligible under sectioo 6102. Page 273 G -:2--( ",;'."', No, '" 1-15-" § 6106 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 (3) Whenever a payment under subsection (aX2) is sought the dis- NOTIC Authority cited, Seeuo" 50460, Health and Safety Code. Refere"c" Sec- placed person shall within one year from the date of displacement pur- lions 7260(i) and 7264. Govemmeot Code. chase and occupy a replacement dwelling. HtSTORY 1. Ameodmeot of subsecuoos (al. (al(2I, (d)(l), (d)(l)(A) and (d)(21 and DcW (c) The provisions in subsection 61O2(b) for modifying the conditions No'Œ fdOO S-12-97; operauve 9-11-97 (Regi'ter 97. No. 33). of eligihility also apply to this section, § 6106. Proration of Payments. (d) Computation of Payment. (I) Rentals, Except for publicly funded transponation projects. which Forthe pu¡pose of calculating an alternate payment under section 6098 shall calculate benefits over42months, includingcompensarion forulili- or a replacement housing payment under secrioo 6102 or 6104, two or ties, the amount of payment necessary to lease or rent a comparable re- more individuals (whether they are members of ooe family or not) living placement dwelling. undersuhsectioo (a)(I). shall be computed by sub- together in and displaced from a single dwelling shall be re ganled as one tracting 48 times the base monthly rental of the displaced person (as person, determined in accOldance with this subsection). from 48 rimes the mooth- Where a tenant is sharing a single-family dwelling with an owner-oc- ly rental for a comparable replacement dwelling (as determined in ace or- cupant and paying the owner-occupant rent for the privilege. the tenant dance with this subsection): Provided, that in no case may such amount shall not be entitled to more than one-half of the rental supplement other- exceed the difference between 48 times the base monthly rental as deter- wise payable, The owner-occupant shall not be required to share the pay- mined in accordance with this subsection and 48 times the monthly rental ment to which he is entitled or accept a prorated amount. actually required for the replacement dwelling occupied by the displaced HISTORV 1. Ameodmeot moo 11-5-76 as an emergeocy; desigoated effecuve 11-27-76 person, (RegiSter 76, No. 44). (A) Base Moothly Rental, The base monthly rental shall be the lesser 2. Cenificate of Compliance filed 2-16-77 (Register 77, No, 8). of the average monthly rental paid by the displaced person for the §6108. Condition of Replacement Dwelling. 3-month period priortoiniriation of negotiations or 25 percent of the dis- (a) When a displaced person qualifies for a replacement housing pay. placed person's average moothly income. (See subsection 6008(1),) ment (under secrioo 6102 or 6104) by purchasing or renting a replace- Where the displaced persoo was the owner of the dwelling from which ment dwelling, the unÜ. as a general rule, must be decent. safe and sani- he was displaced orwas not required to pay rent forthat dwelling, the eco- tary, There are three exceptions. One is described in paragraph nonric rent (see subsecrioo 6008(b) sball be used in lieu of the average 6O4O(aX6). The others are: monthly rental to calculate base monthly rental, (I) If the purchase of such a dwelling is the result of the public entity's (B) Comparable Rental, The monthly rental fora comparable replace- faHure to identify a reasonable number of comparable replacement mentdwellingshall be the amount of rent determined by the publicenrity dwellings as required or if the dwelling is one to wbich the persoo was by one of the methods described in paragraph 61O2(c)(I), considering refeired by the public entity. the condition of the dwelling does not affect rental chatges instead of listing price or acquisition cost. eligibj[jty for a replacement housing payment. (C) Whicbever method is selected the cost shall be updated to within (2) If the purchase of such a dwelling is not the result of a public enri- three mooths of the date of rental of the replacement dwelling, ty's referral or failure to refer, the otherwise eligible person qualifies for (2) Downpaymenl. The downpayment for which a payment specified a replacement housing payment if the unit is brought into compliance under paragraph (aX2) of this section may be made. shall not exceed the with the decent. safe and sanitary standanl, In this situation paymentshall amount of a reasonable downpayment for the purchase of a comparable be limited to the amount that would be provided in connection with the replacemem dwelling where such purchase is fmanced. plus expenses in- purchase of a similar. comparable replacement dwelling or the sum of the cident to the purchase of a replacement dwelling computed in accOldance actual costs of acquisition (including related expenses) and rehabilita- with Section 6102, The full amount of a downpayment under this section tion, whichever is less. shall be applied to the purchase of the replacement dwelling and shall be (b) A public entity shall not induce or encourage a displaced perscn to shown on the closing statement orotherdocument acceptable to the pub- acquire a dwelling which does not satisfy the comparable replacemeot lie entity. housing standanl, (See section 6008(c),) (e) Rental Payments for Displaced Owoers and Dependents. H110. Certificate of Eligibility. (I) Owners, A displaced ownerwhoelects to rent rather than purchase a replacement dwelling and who meets the eligibility conditions speci- Upon request by a displaced homeownerortenant whohas not yet pur- fled in subsection (b) is eligible for the payment specified in paragraph chased and occupied a replacement dwelling. but who is otherwise eligi- (a)(I), ble fora replacement housing payment, the public entity concerned shall (2) Dependents. A dependent who is residing separate and apart from certify to any interested party. financial insriturioo, or lending agency. the persoo or family providing support. whether such separate residence that the displaced homeowner or tenant will be eligible for the. payment is permanent or temporary, shall be entitled to payment under this sec- of a specific sum if he purchases and occupies a dwelling within the time tion, but such payment shall be limited to the period during which the dis- limits prescribed. placed dependent resides in the replacement dwelling. At the rime the dis- § 6112. Manufactured Hom.. and Mobllehom... placed dependent vacates that dwelling. no further payment under this (a) General, A manufactured home ormobilehome is a dwelling, (See secticn shall be made to such person. For the pu¡poses of this paragraph subsection 6008(g).) A person displaced from a manufactured home or a 'dependent' shall be a person who derives fifty-one percentormore of mobilehome must satisfy the same eligibility requirements and must be his income in the fOlm of gifts from any private person or any academic provided the same assistance, assurance and payments as a person dis- scholarship or sripend. Full-rime students shall be presumed to be depen- placed from a cooventiooal dwelling, dents but may rebut this presumption by demonstrating that fifty pen:ent (b) Moving Expenses. If a manufactured home or mobilehome is or more of their income is derived from soun:es other than gifts from moved to another site. the displaced person sball be compensated for another private perscn or academic scholarships or stipends, moving expenses in accordance with sections 6090 and 6092, The provi- Dependents residing with the family of whicb they are a part shall not sions of these sections which generally apply ooly to businesses and be entitled to any payment except as a part of the family, farms shall also apply 10 displaced perscns who move a manofactured (f) Disbursement. Except where specifically provided otherwise. the home ormobilehome, public entity shall have the authority to disburse payments under this sec- (c) Replacement Housing Payments, rion in a lump sum, ¡ncnthly or at other intervals acceptable to the dis- (I) A pe11loo who owns a manufactured home ormobilehome and site placed perscn. and as a replacement p¡rchases both adwellingand site shall be provided Page 274 G -.,2;L R""""",No,,>..t"'" -.. Title 25 Department of Housing and Community Development Programs § 6124 a replacement housing payment in accordance with section 6102, A per- (e) "Affected property" means any real property which actually de. SoD who owns a manufactured home ormobilehome and site. and as are- clines in fair market value because of acquisitioo by a public entity for placement rents both a dwelling and site. shall be provided a payment in public use of otherreal property and a change in the use of the real proper- accordance with section 6104. ty acquired by the public entity. (2) A person who rents a manufactured bome ormobilebome and site, and as a replacement rents or purchases a dwelling and site, shall be pro- Article 4. Last Resort Housing vided a payment in accordance with section 6104, (3) A person who owns a manufactured home ormobilehome and site. § 6120. Purpose. and as a replacement purchases a dwelling and rents a site. shall be pro- The purpose of this part is to set forth the criteria and procedures for vided a payment in accordance with sections 6102 and 6104. The pay- assuring that if the action of a public entity results. or will result in dis- ment shall be limited to the lesser of: placement. and comparable replacement housing will not be available as (A) The amount uecessary to purchase a cooventional comparable re- needed. the public entity shall use its funds or funds authorized for the placement manufactured home and mobilehome: or project to provide such housing, (B) The amount necessary to purchase a replacement manufactured § 6122. Determination of Need for Last Resort Housing. home or mobilehome (in accordance with section 6102) plus the amount oecessary to rent a replacement site (in accordance with section 6104). If 00 the basis of tlataderived from surveys and analyses which satisfy In calculating this amount. the economic rent for the site shall be used in the requirements of sectioos 6048 and 6052. the public entity is unable lieu of average monthly rental to determine the base monthly rental (as to demonstrate that comparable replacement housing will be available as provided in paragraph 61O4(dXl»), required, the head of the public entity shall determine whether to use the (4) A person who owns a site from which he moves a manufactured public entity's funds or the funds authorized for the project to provide home or mobilehome shall be provided a replacement housing payment such necessary replacement housing or to modify, suspend or terminate under section 6102 ifhe purchases a replacement site and under section the project or undertaking, 6104 ifhe rents a replacement site. §6124. Development of Replacement Housing Plan. (5) A person who owns a manufactured home ormobilehome which (a) General, is acquired and rents the site shall be provided payment as follows: (I) Following the determination pursuant to section 6122, the head of (A) If a manufactured home or mobilehome, as appropriate, is no< the displacing public entity shall develop or cause to be developed a re- available the amount required to purchase a cooventional replacement placement housing plan to produce a sufficient number of comparable re- dwelling (in accordance with section 6102); placement dwellings, The plan shall specify how, when and where the (B) The amount necessary to purchase a replacement manufactured housing will be provided. how it will be fmanced and the amount of funds home or mobilehome (in accordance with section 6102) plus the amount to be diverted to such housing, the prices at which it will be rentedorsold necessary to lease, rent or make adownpayment 00 a replacement site (in tothefamilies and individuals tobe displaced. the arrangements forhous- accordance with section 6104); or ing management and social services as appropriate, the suitability of the (C) If he elects to rent a replacement manufactured home or mobile- location and environmental impact of the proposed housing. the arrange- home and site, the amount required to do so in accordance with section ments for maintaining reot levels appropriate for the persons to be reo 6104. In calculating this payment. the average monthly rental shall equal housed, and the disposition of proceeds from rental. sale, orresale of such the economic rent forthe manufactured home ormobilehome plus the ac- housing, If a referendum requirement or zooing presents an obstacle. the tual rent for the site, issue shall be addressed. (6) Similar principles shall be applied to other possible combinations (2) All contracts and subcontracts for the construction, rehahilitatioo of ownership and tenancy upen which a claim for payment might be or management oflast resort housing shall be let withoutdiscriminatioo based, as to nice, sex. marital status. color, religion. oational origin. ancestry or No", Authonty cIted: Sectioo 50460, Health and Safety Code. Refereoce: Sec- other aIbitrary circumstance and pursuant to an affirmative action pro- tions 18007 and 18008, Health and Safety Code, gram. The public entity shall encourage participation by minority per- HtSroRY sons in all levels of construction, rehabilitation, planning. fmancing and t. Amendment of section and new NOTE filed 8-12-97; operative 9-11-97 (Reg- management oflast resort housing. Wben the housing will be located in ister97.No,33), an area of minority concentration, the public entity shall seek to secure significant participation of minorities in these activities. The public entity § 6114. Affected Property. sball require that, to the greatest extent feasible. opportunities fortraining (a) In addition to the payments required by Section 7262 of the Act (see and employment arising in connection with the planning. construction. sections 6090. 6092. 6094. 6096. 6098 and 6100), as acost of acquisition, rehabilitation. and operation of last resort housing be given to persons of the public eotity shall make a payment to any affected property owner low income residing in the area of such housing and shall determine and meeting the requirements of this section, implement means to secure the participation of small businesses in the (b) Such affected property is immediately contiguous to property ac- performance of contracts for such work, quired for airport purposes and the owner shall have owned the property (b) Citizen Participation. affected by acquisition by the public entity not less than 180 days prior (I) If the need forlast resort housing exceeds 25 units, the head oftbe t.o the initiation of negotiation for acquisition of the acquired property, displacing public entity shall establish a committee which will consult (c) Such payment. not to exceed fifteen thousand dollars ($15,000), with and provide advice and assistance to the displacing public entity in shall be the amount, if any. which equals the actual decline in the fair mar. the development of the plan. The committee should include appointed ket value of the property of the affected property owner caused by the ac- representatives of the displacing entity and state and local agencies quisition by the public entity for airport purposes of other real property knowledgeable regarding housing in the area, including but not limited and a change in the use of such property. to the local housing authority and the centml relocation agency. if any, (d) The amount. if any, of actual decline in fair market value of affected In addition. the committee should include representatives of other appro- property shall be determined according to rules and regulations adopted priate public groups (for example, local and areawide planningagencies) by the puhlic entity. Such rules and regulatioos shall limit payment under and private groups knowledgeable regarding housing and the problems this sectiooonlytosuch circumstances in which the decline in fairmarl<et of housing discrimination, value of affected property is reasooably related to objective physical (2) The committee shall include representatives of the residents to be cbange in the use of acquired property. displaced. These representatives may be appointed by the displacing en- Page 275 C -..23 ",i,.,",N.,)H-'>-" § 6126 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 tityorelected by the residents, as the residents wish. Resident representa- § 6132. Housln9 Production. ti ves shall. at a minllnum. constitute one-third of the committee member- The head of the displacing public entity shall monitor the production ship, Votes shall be allocated so that the total votes of resident of the last resott housing to ensure that it is in accordance with the plan, representatives shall equal one-half of the total votes of the comminee membership, § 6134- Jointly Sponsored Development. (3) The plan must he approved hy 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 sougbt forjointdevelopment plan, the local governing body or. where the displacing entity is a state and fmancing to aggregate resouttes in order most efficiently to provide agency, the head of the state agency may substitute its approval. replacement housing in sufficient quantity tosatisfy the aggregate needs (c) Consultation with Other Hoosing Agencies and Organizations. of such programs, The head of the displacing public entity may consult or contract with the department. a local housing authority, or other agency or organization § 6136. Last Resort Housing In Lieu of Payments. having experience in the administration or conduct of housing programs A puhlic entity shall not require a displaced person to accept a dwelling to provide technical assistance and advice in the development of the re- provided pursuant to this Artiele in lieu of the displaced person's acquisi- placement housing plan, tion payment, if any, for the real property from which he is displaced or the relocation payments for which he may be eligible, § 6126. Submission of Plan for Comment. The head of the displacing public entity shall submit the plan and all § 6138. Conformity with the Act and Other Statutes, significant amendments to the local housing and planning agencies for Policies and Procedures. comment and to assure that the plan accurately reflects housing condi- (a) Civil fugbts and Other Acts. The administration of this Article shall dons and needs in the relocation area. Reviewing agencies shall have 30 be in accord with the provisions of all applicable federal and state non- calendar days following receipt of the plan to prepare their comments. discrimination laws and regulations issued pursuant thereto. Copies of all comments received shall be forwarded to the committee and (b) Dwelling and Relocation Standards. Determinations made pur- available to all interested persons. suant to section 6122 and any plan developed and implemented for pro- General ootice of the plan shall be provided, Notice shall he designed viding replacement housing and all such housing provided thereunder to reach the residents of the relocation area: it shall be in accordance with shall be in confonnity with the standards established in the Act and the provisions of paragraph 6O46(a)(3) and subsection 6O46(b): and it Guidelines, shall be provided 30 days priorto submission to the committee. or the 10- No"" Authority cited: Sectioo 50460. Health and Safety Code. Refereoco: Sec. cal governing body or head of state agency for approval. 1>00 7260,5(c)(4). Governmenl Code, HISTORY No"" Authority citM: Seetioo 50460, Health aDd Safety Code, Referenco: Sec- I. Amendment of subsectioo (a) aDd oew No1Efùed 8-12-97; operative 9-11-97 tioos 7260,5(a)(5) aDd 7264.5, Governmeot Code, (Register97,No, 33), HtsroRY I, Amendment offust paragraph and oew No1Efi1ed 8-l2-97;operalive9-11-97 § 6139. Last Resort Housing. (Reg,,"'r 97, No. 33), (a) Whenevercomparable replacement dwellings are not available. or § 6128. Determination by Displacing Public Entity 01 are not available within the monetary limits of Govemment Code sec- Feasibility and Compliance. tions 7263 and 7264. as appropriate. the displacing agency shall provide additional or altemative assistance under the provisions of this part, Upon receipt and consideration of the comments, the displacing public (b) The methods of providing replacement housing of last resort in- entity shall detemrine whether or not: elude, but are not limited to; (a) The plan is feasible, (I) A replacement housing payment calculated in accordance with the (b) The plan complies with applicable environmental standards and provisions of sections 6102 or 6104, as appropriate. even if the calcula- procedures, tion is in excess of the monetary limits of Government Code sections (c) The plan is compatible with the local general plan and housing ele- 7263 and 7264, A rental assistance payment under this part shall be paid ment and the areawide housing plan or strategy, to the displaced person in a lump sum. or at the discretioo of the displac- If any of the above determinations by the displacing public entity is ing agency. $5250 shall be paid to the displaced person in a lump sum negative the displacing public entity shall revise the plan as necessary. upondisplacemenl and the remainder of the payments shall be paid to the Substantial modifications in the plan shall be submitted for review and displacee in periodic payments overaperiodnottoexceed 48 months un. comment as provided in sectioo 6126. If necessary for timely implemen- less otherwise specified by statute. talion of the plan orexecutioo of the project. the head of the displacing (2) Majorrehabilitation of and/or additions to an existing replacement public entity may shorten the time allowed in section 6126 for review of dwelling in a sum equal to or greater than the payment to which the dis- modifications. placed person is entitled under subsectioo (b)(I), 1 (3)The construction of a new replacement dwelling in a sum equal to § 6130. Implementation o. the Replacement Houelng Plan. or greater than the paymenttowhich the displaced person isenlilledun- Upon making the determIDatlons required by secUon 6128, the head der subsection (bXl) of this section, of the displacing entity may ~xpend funds and take such other actions as (4) The relocation and. if necessary. rehabilitation of a dwelling, necessary to proVIde. rehabIlItate. orconstruct replacement housmg pur- (5) The putthase ofland and/orareplacementdwelling by thedisplac- suant to the approved replacement housmg plan througb methods melud- ing agency and subsequent sale or lease to. or exchange with a displaced mg but not lmuted to the followmg: ., pen;on. (a) Transfer of funds to state and local bousmg agencIes, (6)Forpurposesof accommodating the needs of handicapped persons. (b) Contract wIth orgamzauons expenenced m the development of the removal of barriers to the handicapped, housmg: ..." (c) Only at the discretion of displacing agencies are post-acquisitioo (c) DIrect cons~cuoo by dtsplacmg publIc enuty." . tenants entitled to last resort housing payments, Whenever practtcable. the head of the displacmg puhlic enttty should No"" Authority cited: Section 50460, Health and Súety Code. R<oference; Sec- utilize the seIVices of federal. Slate, or local housIng agencies, or otber tioos 7263. 7264 and 7264.5. Govennnent Code, agencies having experience in the adnûnistration or conducl of sinúlar HISTORY housing programs. I. New seetioo ftled 8-12-97; operative 9-11-97 (Re¡;ì."'r97, No, 33), Page 276 C-ø24- """"', No. 3"-"-" --- Title 25 Department of Housing and Community Development Programs § 6158 a designee (other than the person who made the initial determination) Article 5. Grievance Procedures having authonty to revise the initial determination on tbe claim, The pub- lic entity shall make a summary of tbe matter; discussed in tbe oral pre. § 6150. Purpose. sentation to be included as part of its file. The right to formal review and The pu1]JOse of this article is to set forth guidelines for processing ap- reconsideration shall Dot becoDditioned upon requesting an oral preseD- peals frem public entity determinations as to eligibility, tbe amount of tation. payment, and for processing appeals from persons aggrieved by a public (c) Written Request for Review and Reconsideration, At any time entity's failure to refer them to comparable permanent or adequate tem- witbin the period described in subsection (d) a complainant may file a porary replacement housing, Public entities sball establish procedures to written request for fmmal review and recoosideration, The complainant implement the provisions of this Article. may include in the request for review any statement of fact witbin tbe complainant's knowledge or belief or other material whicb may have a §6152. RIght of Revl_. bearing on the appeal, If the complainant requests more time to gather and (a) Any complainant. that is any person who believes himself ag- prepare additional material for consideration or review anddemoostrates grieved by a determination as to eligibility. the amount of payment. the a reasonable basis therefor. the complainant's request should be granted, failure of the public entity to provide comparable permanent or adequate (d) Time Limit for Requesting Review, A complainant desiring either temporary replacement housing or the public entity's propeny manage- an informal oral preseDtation orseekingaformal review andreconsidera. ment practices may, at his election. have his claim reviewed and recon- tion shall make a request to the public entity within eighteen months fol- sidered by the head of tbe public entity or an authorized designee (other lowing the date be moves frem the propeny or the date he receives [mal than the person wbo made the determination in question) in accoroance compensation for the propeny. whichever is later. with the procedures set forth in tbis article. as supplemented by the proce- §6158. Formal Review and Reconsideration by the Public dures the public entity shall establish for such review and reconsidera- tion. Entity. (b) A person or orgacization directly affected by the relocation plan (a) General. The public entitysball consider the requestforreview and may petition thedepanment to review the [mal relocation plan of a public shall decide whether a modification of its initial determination is neces- entity to determine if the plan is in compliance with state laws and guide- sary, This review shall be conducted by the head of the public entity or lines or review the implemeDtationof a relocation plan to determine if the an authorized, impartial designee. (The designee 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 initial determination or deruken by tbe depanmenl under this section shall be in accoroance 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 aggrieved person's complaint regatdless of form. and an investigation, the depanment should attempt to constrain disputes be- shall. if necessary provide assistance to tbe claimant in preparing the tween parties. written claim. When a claimaot seeks review, the public entity shall in- Failure to petition the depanment shall not limit a complainant's right form him that he has the right to be represented by an attomey. to preseot to seek judicial review. his case by oral or documentary evidence. to submit rebuttal evidence. (c) If a relocation appeals boaro has been established pursuaot to Sec- toconduCl such cross-examination as may be required for a full aDd true tion 33417,5 of the Health and Safety Code. a city by OIdinaoce may des- disclosure offacts, and to seek judicial review once he has exhausted ad- ignate the boatd to hear appeals from local public entities which do nol ministrative appeal. have ao appeal process. In the absence of such an onIinance. public enti- (b) Scope of Review. The public entity shall review and reconsider its ties shall establish procedures to implement the provisions of this Article. iIritial determination of the claimaot's case in light of: No..., Authority c;¡ed: Sectioo 50460, Health and Safety Code, Refereoce: Sec- (I) All material upon which the public ageocybased its original deter. "00 7266. Govemmeot Code. mination including all applicable rules aDd regulations. except tbatnoev- HIS""Y idence shall be relied upon where a claimaot has been imprepedy deIried t, Ameodment of subsec"oo (b) and DeW NOTE flied 8-t 2-97; operative9-1 tog¡ ao opponunity to controven the evidence orcross-<:xamine the wiIDess, (Register g¡, No, 33). (2) The reasons given by the claimant for requesting review aDd recon- § 6154. Notification to Complainant. sideratiao of the claim. !fthe public entity denies orrefuses toconsideraclaim, the public enti- (3) Any additional writteo orrelevaotdocumentary material submitted ty's notification to the complainant of its determination shall inform the by the claimant. complainant of its reasons and the applicable procedures forobtainingre- ' (4) Any further infotmation which the public entity in its discretion. view of the decision. If necessary. such notification shall be printed in a obtains by request, investigation, or research, to ensure fair and full re- language other than English in acconlance with section 6046. view of the claim, § 6156. Stages of Review by e Public Entity. (c) Determination on Review by Public Entity, (I) The detetminatioo on review by the public entity shall include. but (a) Request for Further Written Information, A complainant may re- is not limited to: quest the public entity to provide him with a full written explanation of (A) The public entity's decision on reconsideratioo of the claim. its deteimination and the basis therefore. if he feels that the explanation (B) The factual and legal basis upon which the decision rests, including accompaoying the payment of the claim ornotice of the entity's determi. aoy peninent explaoation or rationale. nation was incorrect or inadequate. The public entity shall provide such (C) A statement to the claimaot of the right to further administrative an explanation to the complainant within three weeks of its receipt of his appeal, if the public entity has such an appeal structure. orifnol, a state- request. ment to the claimant that admioistrative remedies have been exhausted (b) Informal Oral Presentation, A complainant may request an infor- and judicial review may be sought. mal oral presentation before seeking formal review and reconsideration, (2) The determination shall be in writing with a copy provided to the A requestforan informal oral presentatiao shall be filed within the period claimant. described in subsection (d) of this section, and within 15 days of the re- (d) TIme Limits, quest the public entity shall afforo the complainant the opponunity to (I) The public entity shall issue its detemUnation of review as soon as make such presentation. Thecomplainant may be represented by an atlor- possible but no later than 6 weeks from receipt of the last material sub- ney or other persoo of his choosing, This oral presentation shall enable mined forcoosideration by the claimaot of the date of the hearing, which- the complainant to discuss the claim with the head of the public entity or ever is later, Page 276.1 C -.;2 S- ..,;,.,97,No.3"'--I>-97 .... - § 6160 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 25 ~2) In the case of complaints dismissed for untimeliness or for anyoth- ganlless of whetherornot a person has filed a written request forreview. erreason not based on the merits of the claim. the public entity shall fur- All written determinations shall be kept on file and available for public rush a written sil1tement to the claimantsil1ling the reason forthe dismiss. review. al of the claim as soon as possible but no later than 2 weeks from receipt of the last material submitted by the claimant or the date of the bearing, § 6170. Right to Counsel. whichever is later, Any aggrieved party bas a rigbt to representAtioo by legal or other §6160. Refusals 10 Waive TIme Limitation. counsel at bis expense at any and all Sil1ges of the proceedings set fonh Whenever a public entity rejects a request by a claimant for a waiver in these secticns, of the time limits provided in section 6088. a claimant may file a written § 6172. Stay 01 Displacement Pending RevIew. request for review of this decision in accordance with the procedures set If a complainant seeks to prevent displacement. the public entity sball fonh in sections 6156 and 6158, except that such wrinen request for re- not require the complainantto move until at least 20 days afterit has made view shall be filed within 90 days of the claimant's receipt of the public a determinaticn and the complainant has had an opportunity to seekjudi- entity's determination. cial review, In all cases the public entity shall notify the complainant in §6162. Extension 01 Time Limits. writing 20 days prior to the proposed new date of displacement. The time limits specified in Sectioo 6156 may be extended for good § 6174. Joint Complainants. cause by the public entity. Where more than one person is aggrieved by the failure of the public §6164. Recommendations by Third Party. entity to refer them to comparable permanent or adequate temporary re- V pon agreement between the claimant and the public entity. a mutual- placement housing the complainants may join in filing a single written ly accepil1ble third party or parties may review the claim and make advi- request for review, A determination sball be made by the public entity for scry recommendations thereon to the head of the public entity for its fmal each of the complainants, determination. In reviewing the claim and making recommendations to the public entity, the third party or parties shall be guided by the provi- § 6176. Judicial Review. sions of this Article. Nothing in this Article shall in any way preclude or limit a claimant Except to the extent the confidentiality of material is protected by law from seelcingjudicial review of aclaimupon exhaustion of such adminis- or its disclosure is prohibited by law, a public entity shall pennit the trative remedies as are available under this Article. claimant to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly de- Article 6. Acquisition Policies rued access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination, §6166. Review of Flies by Clelmanl. §61BO. Purpose. Except to the extent the confidentiality of material is protected by law The purpose of this Article is to set fonh the practices to be followed or its disclosure is prohibited by law, a public entity shall pennit the with respect to acquisition of real property by a public entity, Public enti- claimant to inspect all files and records bearing upon his claim or the ties shall, to the greatest extent practicable, be guided by these practices, prosecution of the claimant's grievance, If a claimant is improperly de- rued access to any relevant material bearing on the claim, such material § 6182. Acquisition. may not be relied upon in reviewing the initial determination. (a) A public entity shall make every reasonable effort to acquire prop- § 6168. Effect 01 Determination on Other Persons. erty by negotiation and to do so expeditiously. The principles eSil1blisbed in all detenninations by a public entity shall (b) Before negotiations are initiated (see subsection 6008(n)) a public be coosidered as precedent for all eligible persons insimilarsituatioos re- entity sball: [The next page is 277.) I ~-..1'=> Page 276.2 ",~..,",No"H-l"" -- TitJe25 Department of Housing and Commnnity Development Programs § 6182 (II Have the property appraised. gi ving the owoer or his represeotaùve of the pertinent provisions of the Eminent Domaio Law (Code of Civil desigoated in writing an opportunity, by reasonable advance wrinen 00- Procedure, Secùoo 1230,010 et seq.). ùce. to accompany the appraiser during the inspection of the property; (t) (I ) If aCter recciving the public entity's offer the owoerrequests ad- (2) If the owner of real property is also the owner of a business coo- ditional infonnatioo regarding the det<rmioatioo of just compeosatioo. dueled on the real property to be acquired oron the remaioder, inform him the public entity shall provide the following informatioo to the ext<nt that of his possible right to compensation for loss of goodwill, The public eoti. the determination of just compensation is based thereon: ty should ioclude a copy of the pertioent provisions of the Emioeot 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 property. (3) Establish an amount it believes to be just compeosation for the IC) The applicable zooing, property. whichamouot shall. in 00 event. be less than the public eotity's 10) Ideotificatioo of some of the sales. cootracts to sell and purchase. approved appraisal of the fajr market value of the property as improved. and leases supporting the determioation of value. (c) The determioation of just compensatioo shall be based upon coo- (E) If the property is a portioo of a larger parcel. a description of the sideratioo of: larger parcel. with sufficient detail for reasonable identificatioo. (I) The real property being acquired; (2) With respect to each sale, contract, or lease provided in accordance (2) Where the real property acquired is pan of a larger parcel, the inju- with (I )(0) above, the following data should be provided: ry, if any. to the remainder; and (A) The names and business orresideoce addresses, ifknowo. of the (3) Loss of goodwill, where the owoer of the real property is also the parties to the traosactioo, owner of a business conduct<d upon the property to be acquired oroo the (B) The locatioo of the property subject to the transactioo, remainder and where the provisions of the Eminent Domaio Law pertain- (C) The date of transaction, ing to compeosaùon for loss of goodwill are satisfied. Goodwill coosists (D) The price and other significant terms and circumstances of the of the beoefits that accrue to a busioess as a result of its location, reputa- transactioo, if known, In lieu of statiog the other terms and circum- lion for depeodability. skill or quality. and any other circumstaoces re- stances. the public eotity may. if the documeot is available forinspection. sultiog in probable reteotioo of old or acquisitioo of new patronage, state the place where and the times when it is available for iospectioo, (d) As soon as possible aCterthe amouot ofjustcompeosatioo isestab- (3) The requirements of this subsection do not apply torcquests made lished. the public eotity shall offer to acquire the property for the full after an emioeot domaio proceediog is commeoced. amount so established and shall provide the owoer with a wrinen state- (g) Whenever a part of a pan:el of property is to be acquired by a public ment of the basis for determioaùon of just compensation. The statement eotity for public use and the remainder, or aportioo of the remaioder, will shall include the following: be left in such size, shape or conditioo as to coostitute an uneconomic (I) A general statemeot of the public use for which the property is to remnant the public eotity shall offer to acquire the remnant if the owoer be acquired. so desires. For the purposes of these Guidelines an "uneconomic rem- 12) A descriptioo of the locatiooand exteotofthe property to be takeo. oant" shall be a pan:el of real property in which the owoerretaios ao inter- with sufficieot detail for reasonable ideotification, and the interest to be est after partial acquisition of his property and which has linle or 00 utility acquired. or value to such owoer, (Nothing in this subsectioo is inteoded to limit 13J Ao inventory ideotifying the buildings. structUres, fixtures, and a public entity's authority to acquire real property,) other improvemeots. (h) Nothing in this section shall be coostrued to deprive a tenant of the 14) A recital of the amouot of the offer and a statement that such right to obtain payment for his property interest as otherwise provided by amouot: law, (A) Is the full amount believed by the public eotity to bejustcompeosa- (i) (I) Prior to commencement of an eminent dotoain proceeding the tioo for the property takeo; public eotity shall make reasonable efforts to discuss with the owner its (B) Is oot less than the approved appraisal of the fair market value of offer to purchase the owoer's real property, The owoer shall be given a the property as improved: reasonable opportunity to present material which he believes to be rele- (C) Disregards any decrease or increase in the fair market value of the vant as to the questioo of value and to suggest modificatioo in the pro- real property to be acquired prior to the dat< of valuatioo caused by the posed terms and conditioos of the purchase, and the public entity shall public improvemeot for which the property is to be acquired for such pu b- carefully consider the owner's preseotatioo. lic improvemeot, other than that due to physical deterioration within the (2) Prior to commencemeot of an emineot domain proceeding, if the reasonable cootrol of the owner or occupant: and evideoce presented by an owoer or a material change in the charact<r or (DJ Does oat reflect any coosideration of or allowance for any reloca- cooditionofthe property iodicates the need fora new appraisal orifasig- tioo assistance and payments orother beoefits which the owoeris entitled oificant delay has occurred since the determination of just compeosation, to receive under an agreement with the public eotity, except for an the public eotity shall have its appraisal updated. If a modificatioo io the amouot to compeosate the owner for that portioo of loss of goodwill pro- public eotity's determioation of just compensation is warranted, an ap- vided io accordance with Sectioo 6100. propriate price adjustmeotshall be made and the oew amouotdetermioed (5) If the real property is a portion ofalargerpan:el, the statemeot shall to be just compensation shall be promptly offered in writiog to the owner, ioclude an apportionmeot of the total estimatedjustcompeosatioo for the (j) (I) In no event shall the public entity either advance the time of coo- partial acquisitioo betweeo the value of the property beiog taken and the demnation, or defer oegotiatioos orcondemnatioo on the depositoffunds amouot of damage, if aoy, to the remaioder of the larger pan:el from in court forthe use of the owner, or take any other actioo coercive or mis- which such property is taken. leading io nature. in order to compel or induce ao agreement on the price (6) If the owoer of the real property to be acquired is also the owoer to be paid for the property, of a business conducted upoo the property or the remainder, the statemeot (2) If any interestioproperty is to be acquired by exercise of the power shall include an indication of the amount of compensation for loss of of emineot domain, the public entity shall promptly institute formal con- goodwill. demnatioo proceedings, No public entity shall iotentionally make it nec- Ie) At the initiation of negotiations (see subsectioo 6008(0») a public essary for an ownerto institute legal proceedings to prove the fact of the entity shall provide written ootificatioo to the owner of a business con- taking of this real property. ducted 00 the real property to be acquired or on the remainder, whoisoot also the owoer of the real property, cooceroiog his possible right to com- pensatioo for loss of goodwill, The public entity should include a copy è-J..7 Page 277 ,..'-90) _... § 6184 BARCLAYS CALIFORNIA CODE OF REGULATiONS Title 25 § 6184. Notice 01 Decision to Appraise. § 6192. Incidental Expenses. The public eotity shall provide the owner with written ootice of its de- lithe real property is acquired by purchase. the public entity shall pay cisioo to appraise the real property as soon as possible after the decisioo all reasooable expenses incident to transfer, Amoog the expeoses requir- to appraise has been reached, The notice shall state. as a minimum. that: ing payment are: recording fees. transfer fees and similar expenses inci- I a) A specific area is being considered for a particular public use; dent to the conveyance of real property, and the pro rata portion of Ib) The owner's property has been determined to be located withiothe charges for public service such as water. sewage and trash collection area; and which are allowable to a period subsequent to the date of transfer of title (c) The owoer's property, which shall be generally described, may be to the public entity or the effective date of possession of such property acquired io coonectioo with the public use, by the public eotity, whichever is earlier. The public eotity shall inform the owner that he may apply for arebate of the pro rata portioo of any real § 6186. Time 01 Offer. property taxes paid, HISTORY The public eotity shall make its flfst written offer as soon as practicable J. Amoodmoot filed 11-5-76.. an emergoocy; desigoated effective 11-27-76 following service of the Notice of Decisioo to Appraise, (See section (Register 76, No, 44), 6184.) 2. Certificate of Compliance filed 2-1£r.77 (Register 77, No.8), § 6194. Short Term Rental. § 6188. Notice 01 Land Acquisition Procedures. (a) lithe public permits an owner or tenant to occupy the real property (a) At the time the public entity notifies an owoerofits decisioo toap- acquired on a rental basis fora short-term or for a period subject to termi- praise real property it shall furnish the owner a writteo explanatioo of its oation by the public eotity on short ootice, the amount of rent required land acquisitioo procedures, describing in oon-technical, understand- shall not exceed the lesser of the fair rental value to a short-term occupier able terms the public eotity's acquisition procedures and the principal or the pro rata portion of the fair retttal value for a typical reotal period, rights and options available to the owner. If the owner or teoant is an occupant of a dwelliog, the rental for the (b) The notice shall include the following: dwelling shall be within his fioancial means, (See subsection 6008(c),) (I) A descriptioo of the basic objective of the public eotity's land ac- (b) A post-acquisitioo teoant who occupies real property acquired 00 quisitioo program and a reference to the availability of the public entity's a rental basis for a short term and who is informed that the property has statement covering relocation benefits for which an owner-occupant been acquired for a puhlic use shall be giveo ootless than 30 days notice may be eligible; oftermioatioo of the tenancy. (2) A statemeot that the owner or his representative designated io writ. H,STORY ing shall be given the opportunity to accompany each appraiser during J. Amoodmoot of subsection (bl filed 11-5-76 as an emergoocy; desigoated ef. his inspectioo of the property. fective 11-27-76 (Register 76, No, 44). 13) A statemeot that if the acquisitioo of any part of real property would 2. Certificate of Compliance filed 2-1£r.77 (Register 77, No, 8). leave the owoer with an unecooomic remnant as deemed in suhsection § 6195. Public Inlormatlon. 6182(g) the public eotity will offer to acquire the uneconomic remnant: The purchase price and other coosideration paid by the public entity if the owner so desires: is public information and shall be made available upon request. (4) A statement that if the owoeris not satisfied with the public eotity's offer of just compeosatioo he will be given a reasooable opportunity to § 6196. Service 01 Notice. preseot relevant material. which the public entity will carefully consider, Service of all notices required by this article shall be made either by and that if a voluntary agreement caonot be reached the puhlic entity. as flfst class mail or by personal service upoo the persoo to be ootified, soon as possible, will either institute a formal coodemnation proceeding § 6198. Nonpossassory Interest Exception. against the property or abandon its intentioo to acquire the property,giv- The provisioosof6182(b), (c), (d)(4), and If) and 6188 shall oot apply ing notice of the latter as provided in section 6190, to the acquisitioo of any easement. right-<>f-way, covenant or other noo- (5) A statemootthat coostruction or development of a project shall be possessory interest in rcal property to be acquired for the construction, so scheduled that no persoo lawfully occupyiog real property shall be re- reconstructioo. alteratioo, eolargement, maioteoance, reoewal, repair or quired to move from a dwelling (assuming a replacement dwelling asre- replacemeot of sub-surface sewers, waterlines or appurtenance. drains, quired by these Guidelines will be available) of!o move his business or septic tanks. or storm water drains. farm operation without at least 90 days written notice from the public en- Attachmeot A tity of the date by which the move is required: and (6) A statement that. if arrangements are made to reot the property to Mioimum Contents oflnformatiooal Statemeot(s) an owner or his tenant for a short term or for a period subject to termioa- Fo,Di",ibulio" To tioo hythe public entity 00 short ootice, the rental will not exceed the less- Busi"ess er of the fairrental value of the property to short term occupier or the pro Disploced Co"cems rata portion of the fair rental value for a typical reotal period. Item ToBeJ"duded Pmo"s and Olhm If the owner or teoant is an occupant of a dwelling, the reotal for the J.Geoer>lde=iptioooftheoatureandtypesof acti- vities that will be undertakoo, including an iden- dwelling shall be withio his fioancial means, (See subsection 6008(c),) tification of are.. which may involve displace- moot. A diagrammatic sketch of the project area should be attached, x x 2. Statemoot that public action may result in displace- § 6190. Notice 01 Public Entity's Decision Not to Acquire. meot but that no ODe lawfully occupying proper- ty will be required to SWTooder possessioo with Wbeoever a public entity which has forwarded a Notice of Decisioo out at least 90 days' wrineo notice from the pub- to Appraise or has made a fJIm offer subsequently decides oot to acquire lie ootity aod 00 ODe will be required to move 00- the property, the public entity shall serve a ootice in writing on the owoer. til90 days after the provision of infoomatioo. x x 3. Assurance that families and individuals will oot be all persons occupying the property and all other persoos potentiallyeligi- required to move before reasooable offers of de- ble forrelocatioo payments and assistance, This ootice shall state that the ceot, safe, sanitary and otherwise compantble public entity has decided oot to acquire the property, It shall be served not housing within their fmancial means bave beoo made, except for the causes set fonh in the local later than 10 days following the date of the public entity decisioo not to agoocy's evictioo policy twhich shall be in accor- acqum:, dance with section 6O58,} x Page 278 C. -;;....'? (4-1-001 Title 25 Department or Housing and Community Development Programs § 6500 Fo,Di",;bu<io" 3. :-<ew Subchapter 3. Artiel" 1-3 (S.c"om 6300-<mO. not coosecu"ve) refiled To 8-2-77 as ao em"gency, MSlgnated df.c"ve 8-3-77 (RegISter 77. :-<0. 32>. Bus;"", 4. C"ùficate of Com pi un", f,led 11-29-77 (Register 77. So. 491. 5, Rep..l" of DLsplaad Caowms Subchapter 3 (Swioos 6300-6350, not consecut>ve) filed b-9-82, d"f.ctm Irem To Bd"duded Pma"s andO/hm thirt>eth day th"eafter (Regi,ter 82.1'0.24). 4, General descrip"on ofrypes of relocation payments 5. Repeal" of Subchapter 3 (S.ctions 6300-6350. not consecutive) f>led b-9-82, available, ",eluding geoerol eligibility criteru aDd effecti" thimeth day thereaft" (Regi'ter S2, :-<0.24). a cau"on aga",SI premawre mov" that might re- suit '" loss ofelig,bility for a paymen1. x x 5. Ideotification of the agency's relocation program Subchapter 4. Housing Element Guidelines aDd a description of the relocat>on semc" aDd aid, that will be "ailable. x x NOTE Authority ctled, Section 50459, H..lth aDd Safety Code. aDd S.ction 6. Eocouragement to mit the agency's relocatioo of- f,ce aDd cooperate Wtth the staff. The address, 65302(cl. Go"mment Code. Refereoce' Section 65302(c). Govemmeot Code. telephone oumber. aDd hours of the relocation of- HISTORY fico should be specified. x x I.l'ew Subchapter 4 (Sections 6400-6478) filed 12-7-770 eff.c"ve thimeth day 7,lnfonna"on on replacement hou,iog. ineluding, thereafter (Register 77. 1'0. 50). a. Bflef descnp"on of what constitutes compara- 2. Amendment fded 5-1-79as ao em"gency: effective upon filing (Regi,ter79, ble replacement housing. ",eluding physical 1'0.18). standards. x 3. Amendmeot filed 8-28-79 as ao em"gency: effective upon filing (RegISter b, Laymen's de"",ip"on of FeMral fair hou,ing 79,1'0.35), A Cenificate ofCompliaoce must be filedwitlun 120daysorem,,- law (Title VIII ofCtvd Rights Act of 1968). aDd gency laoguage will be rep..led on 12-2b-79. applicable State and local fair homing laws. as 4. Certificate ofCompliaoce filed 10-23--79 (Register 79,1'0, 43). well", fights und" Title IV of the CIvil Rights 5. Repealer of Subchapter 4 (Sections 64QO-<;480, oot coosecu"ve) fded 6-9-82, Act of 1964. x effective thirtieth day thereafter (Register 82.1'0. 24). For pflor hIStory. see c, Statement that the public eotity (or its agent) Regist" 80. No. 18. will identify comparable replacement dwelliogs withlß the fmancial mean' of and otherwtse avail- able to displaced p"soos aDd will proviM assis. Subchapter 5. Department of Housing and tance to persons m obtaming housing of the~ choi"" ineludingassi,tance in the referral of com- Community Development-Conflict of plaints of di"",iminatioo to the appropriate Fed,,- Interest Code al. State or local fair hou,ing enforcement ageocy. x d. Statement that p"soos may seek thm own § 6500. General Provisions. housing acoommodatioos aDd urg"'g them.tfthey do so. to notify the relocauoo office prior to mak- The Political Reform Act. Government Code Secticns 81000, et seq.. ing a commiunent to purchase or occupy the requires state and local government agencies to adopt and promulgate property. x 8, Statement that the public entity will provide maxi Conflict of Interest Codes. The Fair Political Practices Commission has mum mistance in locating relocation accommo- adopted a regulatioo, 2 Adm, Code of Regs. Section 18730. which con- dation,.mclttd"'g comulta"oo Wtth the Small lains the terms of a standard Conflict of Interest Code. which can be in- Bu,iness Admini,ttatioo aod oth" governmental ageoci" whIch might be of mi,tance. x corporated by reference. and which maybe amended by the Fair Political 9. Statemeot describmg requirement for prior ooùfi- PracticesCommissicn to conform to amendments in the Political Reform catioo to the agency of the bu,inm concern's in- Act after puhlic notice and hearings. Therefore, the terms of 2 Cat Code ten,,"n to move. x 10, Summary of the local agency's eviction policy, of Regs. Secticn 18730andany amendments toitduly adopted by the Fair which ,hall be m accordance with the prov isioos Political Practices Commission. alcng with the aaached Appendix in ofsecti00605S, x x which officials and employees are designated and disclosure categories I I. Statementde=ibing the agency"grievaoce pro- - cedure.itsputpose.aodhowitmaybeu=l.which are set forth. are hereby incorporated by reference and ccnstitute the Con- procedure shall be in accordan", with the provi- flict of Interest Code of the Deparuuent and Commission of Hen sing and sions of Artiele 5. x x Community Development Designated employees shall file statements of economic interests with Subchapter 2. California Low-lncome the agency who will make the statements available for public inspection and reproduction, (Gov, Code Section 81008). Upon receipt of the state- Home Management Training Program ments of the Director. the agency shall make and retain a copy and for- NOTE. Authority cited: Secúon, 41226 and 50626. Health aDd Safety Code, Ref- ward the original of these statements to the Fair Political Practices Com- nllSSlon. ereoce: S.c"oo, 4122û-41229 aDd 50625-50629. Health aDd Safety Code. NOTE, Authority ctted, Sectioo 87300. Govemmeot Code, Reference: S.cúons HISTORY 81001.87300 and 87311. Govemment Code. I. Renwnbering fiom Chapter I. Subchapter4 (SeCtions 1500- 1520. oot coosecu- HISTORY tive) to Chapter 6, Subchapter 2 (S.ctioos 6200-6220. not consecutive) filed I. New ,ubchapter 5 (seCltooS 6500-65 to aDd Appeodices A. B aDd C) fded 1-28-77", procedural aDd organizational effeCtive upoo rUing (Regi,ter 77. 2- I 7-78: effective thirtieth day thereafter. Approved by Fair Political Practic" No.5). For prior hi,tory. see RegISter 76, No. 18. CommISsion 10-4-77 (Register 78, No, 7), 2, Repealer of Subchapter 2 (Artieles 1-2. SeCtion' 6200-6220, ootcoosecutive) 2, Repealer of subchapter 5 (sections 6500-65 to aDd Appeodices A--Ç) aDd oew filed 6-19-80; effective thtrtieth day thereafter (Register 80, No. 25). subchapter 5 (sectJoo 6500 aDd Appeodix) ftled 2-26-81; effective thtrtieth day thereafter. Approve<! by Fa~ Political Practices CommisSIon 12-1-80 Subchapter 3. Housing Element Guidelines (Register 81, No, 9), 3, Repealer of ,ubchapter 5 (secúoo 6500 aDd Appeodix) and new subchapter 5 (section 6500 aDd Appeodices A and B) filed 3-19-85: eff.ctive upon filing No"," Authority cited: Section 50459. Health aDd Safety Code; aod Sectioo pursuant to Govemmeot Code section I I346,2(d). Approved by Fair Political 65302(c), Govemment Code, Refereoce: S.ction 653O2(c), Govemmeot Code. Practices Commi"ion 2-13-85 (Register 85, No. 12). - HISTORY 4, Amendment of AppeodicesA aDd B f>led t 1-17-89; operative 12-17-89. Ap- I. Reoumbering from Chapter I. Sulichapter 5 (Secltoos 1600- 1650, not coosecu- proved by Fair Political PraCtices CommlSsioo 5-25-89 (Register 89.No. 471. tive) to Chapter 6. Subchapter 3 (Sec"ons 6300-6350. oot consecuúve) fùed 5, Amendment filed 2-18-92: operative 3- I 9-9 I. Subm"ted to OAL for printiog 1-28-77 as procedural aDd orgaOlzational: effeCtive upoo filing (Register 77, ooly,ApprovedbyFairPoliúcalPracticesCommisSloo 12-17-91 (Register92, No.5). For prior hIStory. see Register 76. No. 50, No, 12). 2.l'ew Subchapter 3. Articles 1-3 (Secuons 6300-6350, ootcoosecutive) ref>led 6. Change without regulatory effect ameoding second paragraph of section. aDd 4-1-77 as an emergeocy: Msi!!J1ated effective 4-5-77 (Regi,ter 77, No. 14). amending Appendix Aaod B filed6-27-96 pursuant to section 100. title I,Cal- Page 279 L-¿9 R..",~ 96. No.'" &-"-96 § 6500 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25 Ifornia Code of Regubtions (Regi"er 96.1<0, 26), Apprnve<! by Fair Polilical The Duecl<>r may delermine m ~Tlting ihal a parucubr c"",uliaoe alihough a Pracli", Commission 5-1-96. -d"lgnaled posilion-, is hir<d I<> perform a nonge of dulies ibat is limited in scope Appendix A and ibus "oot «quue<! I<> fully comply Wtih ibe di",lo""e «quir<ments In ihis sccnon, Such wrtnen delemtinanon mall Include a descripnon of ihe coosultanl dunes and bascd upon ihal deSCfiption, a stalemeot ofibe exlent nf discI","", «- Des;gnated Positions quir<men" The Dìt'<"I<>r' s delermmation isa public record and mall be «taine<! Persoos in the following classes or positions are designated employees for public inspecuon in ihe same manner ond _uons as ibis conflict of intmSI code.- and shall make the types of disclosures set font in the disclosure category N= Authority cne<!: Sec"oo 87300. GOVemmeot Code, R"efmoce: Secltoos listed opposite the position, 87300-,<;731 t. Governmeot Code. DISCLOSURE Appendix B ClASS OR POSITION CATEGORY Office of the Di"cto' Disclosure Categories Direcl<>~ Chief Deputy Director: Deputy. DlfCctors: Financial interests of employees holding positioos designated in this Assistant I<> the DlfCcl<>~ Assistant DlfCctor for Extemal Affairs: Assistant for Policy Developmene I section are to be reported in statements of economic interests as follows: Staff Sem", Manager (all levels): Designated Employees in Category I must report Associaled Governmental Program Analy" 3 (a) All investments and any business positioos in any business entity: Legal Office (b) All sources of income: (c) All interests in real property (excluding one 's primary personal res- ChlefCouoscliDeputy DlfCcl<>~ StaffCouoscl (all levels):. I ¡dence). Didsio" of Admini",ation and Management Designated Employees in Category 2 must report DeputyDorector"".,...".,...""".. I (a) All investments. business positioos in. or sources of income from Staff Services Managers (all levels): Data Processing Manager (ail levels): any entity of the type which has, in any manner. been affected by or sub- StaffPrngrammer Analyse Staff Informatioo Syslems Analyst ject to departmental regnlatioos or policies (excluding regnlatioos or po- Assoc..te Programmer Analysts (Spec, & SupV,) !icies regarding building or energy standards), Assoc, Information Syslems Analysts (Spec, & Supv.) Accouoting Admirus~ators (all levels): (b) All investments. business positioos in or sources of income from Accouoting Officers (ail levels): Accouoting Analysts (all levelsl: any entity engaged in the design of. development orrehabilitatioo of. sale BuslOess Service Officers (all levels): Business Service Assistane or purchase of. or investment in real property. manufactured or factory- Associate Govemmeotal Program Analysts: Staff Semces Analy"s (except In the Personnel Office): built housing. Management Services Techoician: Business Managemeoe. ......,3 (c) All investments. husiness positioos in or sources of income from Legislative Division any entity engaged in the design. developmenL rehabilitation. or con. Deputy DlfCcl<>~ Assistant Deputy Dir<cl<>r " .."" .... ......... t struction of public facilities, StaffSemces Managers (all lmls): (d) Any interest in real property (excluding one's primary persooal Associate Governmental Program Analyse residence) situated in any jurisdiction receiving or eligible for funding StaffServicesAn,ly"""""""""" 2&3 from or through the section to which the designated employee is assigned. Audit Division (e) Investments, business positions. or sources of income from anyen- Chie~ Staff Managemeot Audil<>~ titywhich is siluatedordoing business inanyjurisdictiooreceivingoreli- Staff Services Managemeot Auditor: Associale Management Audil<>rs. .5 gible for funding fromorthrough the section to which the designated em- Housing Policy Develap"""" Diviswn ployee is assigned, Deputy Dir<cl<>r: Assistaot Deputy Dir<ctor: Designated Employees in Category 3 must report HouslOg and Community Developmeot Managers (all levels): HouslOg ond CommODity Development Specialists (ail levels): Investtnents. business positioos in. or sources of income from any Housmg and CommODity Developmeot Rep«seotatives (ail levels): ' ",., 1 business entity of the type which contracts with the depanment to provide Codes and Stanr/a,ds Division or obtain supplies. materials. services, machinery. or equipment. Deputy Director: Ass"tant Deputy Dir<cl<>~ Assistant Chief, .. I Designated Employees in Category 4 must report Civil Eoginms (all levels): Investments. business positions. or sources of income from any busi- Codes and Standards Administnll<>rs (all levels): ness entity which has been subject tooraffecu:dbyanyregnlations or po- D1s~ict Represcotalives (all levels): Staff Services Manager I: Associale Archilect: Mobilehome Reg¡s~at¡oo Manage~ licies of the departtnent relating to mobilehoooes. manufactured homes. Mobi1ehome Regis~auoo Supervisor Ill: fac,tory-built housing. mobilehome parks. labor camps. recreatiooal ve. Mobllehome Registralion Specialist ",. 4 hicles. commercial coaches. or any other programs or policies adminis- Community Aftai" Division tered by the division. Deputy Direcl<>~ Assistaot Deputy DlfCcl<>r: Designated Employees in Category 5 must report Special Assistant I<> ihe DeputyDlfCcl<>r ....., ......,....", I Investments in. income from, and positionsheld with businessentitites HouslOg and Community Development Rep«sentalives (all levels): which were the subject of an audit during the reponing period, If the em- HouslOg and Community Development Specialists (all levels): California lodian Housing Rep«seotallves (all levels): ployer has not participated in an audit during the reponing period, If the California indian HouslOg Managers (all levels): employee has not participated in an audit during the course of the repon- Housing and Commuoity Development Managers (all levels): ing period in which he or she has a fmandal interest. then the employee Associate Governmental Program Analysts: Monagement Services Technicians: shall sign a statement to that effect under penalty of perjury, Such state- Staff Services Analysts: ment shall be ftled and processed as though it were the disclosure state- Housing Coostruction and Rehabilitalion Specialists: ment required by the Standard Code. An employee who participated in Loan and Gnont Committee Members, . . , . , ., 2 an audit in which heor she has afmancial inu:rest shall disclose that inter- est as described above. but such statement shall be delivered to the filing Consultants' offer who will file the statement as a public record, 'Consultants mail disclose pursuant I<> the broadest disclosu« category in ihe No",. Auihority cited: Secllon 87300. Governmeot Code, Reference: Seclloos code subject I<> the following limitalloo: 87300-,<;7311, Governmeot Code, * * * Page 280 c..-3.D '..".96,No.2.&-28-96 (1) Expressed in writing his willingness to surrender possession of the property on or after a stated date. (2) Withdrawn any portion of the deposit. (b) The order for possession shall: (1) Recite that it has been made under this section. (2) Describe the property to be acquired, which description may be by reference to the complaint. (3) State the date after which plaintiff is authorized to take possession of the property, Unless the plaintiff requests a later date, such date shall be the date stated by the defendant or, if a portion of the deposit is withdrawn, the earliest date on which the plaintiff would be entitled to take possession of the property under subdivision (c) of Section 1255.450. 1255.470. By taking possession pursuant to this chapter, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial. 1255.480. Nothing in this article limits the right of a public entity to exercise its police power in emergency situations. ADDendix 16 Government Code, Section 6063 6063. Publication of notice pursuant to this section shall be once a week for three successive weeks, Three publications in a newspaper regularly published once a week or oftener, with at least five days intervening betWeen the respective publication dates not counting such publication dates, are sufficient, The period of notice commences upon the first day of publication and terminates at the end of the tWenty-first day, including therein the first day. Appendix 17 Government Code Section 6066 6066. Publication of notice pursuant to this section shall be once a week for tWo successive weeks. Two publications in a newspaper published once a week or oftener, with at least five days intervening betWeen the respective publication dates not counting such publication dates, are sufficient, The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day. Appendix 18 Government Code Sections 7260 - 7277 7260. As used in this chapter: C. - 3-( ~ Stradling. Yocca, Carlson & Rauth, 1998 A-27 (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, parmership, corporation, limited liability company, or association, (c) (1) "Displaced person" means both of the following: (À) 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, in any case in which 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 shall 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) The definition contained in 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 persons or families of low and moderate income, as defined in Section 50093 of the Health and Safety Code, who are occupants of housing which 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: C (A) Any person who has been determined to be in unlawful. occupancy of the displacement dwellings. C Stradling. Yocea. Carlson & RaUth, 1998 A-28 C--,3..;t. .. (B) Any person whose right of possession at the time of moving arose after the date of the public entity's acquisition of the real property, (C) Any person who has occupied the real property for the purpose of obtaining assistance under this chapter. (D) In any case in which the public entity acquires property for a program or project (other than a person who was an occupant of the property at the time it was acquired), any person who occupies the property for a period subject to termination when the property is needed for the program or project. (3) (A) NotWithstanding Section 7265.3 or any other provision of law, a person who is temporarily displaced for not more than 180 days, and who is offered occupancy of a comparable replacement unit located within the same apartment complex that contains the unit from which he or she has been displaced, shall not be deemed a "displaced person" for the purposes of this chapter. This paragraph shall be applicable only if all of the following conditions are complied with: (i) All other financial benefits and services otherwise required under this chapier are provided to the tenants temporarily displaced from their units, (ii) The resident is offered the right to retUrn to his or her original unit, with rent for the first 12 months subsequent to that retUrn being the lower of the following: up to 5 percent higher than the rent at the time of displacement; or up to 30 percent of household income. (iii) 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, and the estimated period of displacement is reasonable, (iv) The property is a qualified affordable housing preservation project. (B) For the purposes of this paragraph: (i) "Apartment complex" means four or more residential rental units subject to common ownership and financing that are also located on the same or contiguous parcels, (ii) "Qualified affordable housing preservation project" is any complex of four 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 shall have, at the time of the recordation of the regulatory agreement required by this section, 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 of California. In addition, a project shall be defined as a qualified affordable housing preservation project only if the beneficiary of the regulatory agreement elects this designation by so indicating on the regulatory agreement. (d) "Business" means any lawful activity, except a farm operation, conducted for any of the following: c.-33 ~ Slradliog, Yocca.. Carlson & Rauth. 1998 A-29 -.. .. . (I) 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 which 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 maybe 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 I, 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 a public {-, entity, or by a person having an agreement with a public entity, prior to January I, 1998. (C) Prior to January 1, 1998, a public entity, or a person having an . Stradling. Yocca, Carlson & Rauth. 1998 A-30 ~-dJI -.. ,. - _HO 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 promulgated thereunder. (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 Deparunent 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 I, 1998, pursuant to this chapter and the regulations promulgated thereunder. (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 I, 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 I, 1998, pursuant to this chapter and the regulations promulgated thereunder, 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. (1) 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 infonnation to the public entity, or person having an agreement with the public entity showing that he or she did reside in the property at the time of the agreement and is eventually displaced by the project covered in the agreement. (4) Comparable with respect to the number of rooms, habitable space, and type and quality of construction. Comparability under this paragraph shall not require strict adherence to a detailed, feature-by-feature comparison. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features shall be present, (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 persons dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment. c..-3.5 . Stradling, Yocêa. Carlson & Rauth. 1998 A-31 (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, - (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. (I) "Small business" means a business as defined in Part 24 of Title 49 of the Code of Federal Regulations. (m) "Lead a~ency" means the Department of Housing and Community Development. 7260.5. (a) The LegislatUre finds and declares the following; (I) 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 acqulslUon. (2) Relocation assistance policies must provide for fair, uniform, and equitable treannent 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 treannent of pt:rsons 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: (I) 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 treannent under this chapter. C (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 C Stradling, Yocca. Carlson & Rauth, 1998 A-32 è.. - 3-b .. federal, state, and local government programs for accomplishing these goals. (4) The policies and procedures of this chapter shall be administered in a manner which is consistent with fair housing requirements and which assures all persons their rights under Title VIII of that act of April II, 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 temporary relocation of those tenants, shaH 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 (I) 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: (I) Determine and make timely recommendations on the needs and preferences, if any, of displaced persons for relocation assistance, C-3-î ,< Stradliog. Yoc~a. Carlson & Rauth, 1998 A-32.! _.. .,- ---, (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 commerciaJ faciliûes, and at rents or prices within the financiaJ means of displaced families and individuals, decent, safe, and sanitary dwellings, sufficient in number toffieet 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 shaJl 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) Arty 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 concerningotl!er federaJ 3I1.d ~tate programs which maY be_~- 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 shaJl 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 shon term or a period subject to tenninaûon when the property is needed for the program or project, shaJl be eligible for advisory services to the extent detemúned by the displacing agency. 7261.5. In order to prevent UMeœssary expenses and duplications of functions, and to ( promote uniform and effective administration of relocation assistance programs for displaced persons - - - ~- under this chapter, a public enûty may enter into a contract with any individual, ftnn, association, or corporation for services in COMection with such program, or may carry out its functions under e. - 3-~ SYCR 1994 A-JJ this chapter through any federal. state, or local governmental agency having an established organiLation for conducting relocation assistance programs. Any public entity may, in carrying out its relocation assistance activities, utilize the services of state or local housing agencies or other agencies having experience in the administration or conduct of similar housing assistance activities. 7262. (a) Whenever a program or project to be undertaken by a public entity will result in the displacement of any person, the displaced person is entitled to payment for actuaJ 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 w:¡uired 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 organiLation, 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 shan be determined according to a schedule established by the head of the lead agency. The m .---- 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. (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, urness the public entity is satisfied that the business cannot be relocated without substantial loss of patronage and is not pan 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 SYCR 1994 C. -3't A-34 accounting records, for confidential use pursuant to an audit to determine the payment pursuant to this subdivision. In regard to an outdoor advenising 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) Wheneyer 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. (I) 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, 7262.5. (a) Norwithstanding Section 7265.3 or any other provision of law, tenants residing in any multifamily rental project of four or more units who are displaced from the project for a period of 180 days 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 deemed permanently displaced if all of the following criteria are satislïed: (1) All other financial benefits and services otherwise required under this chapter are provided to the tenants temporarily displaced from their units, including relocation to a comparable replacement unit. (2) The resident is offered the right to return to his or her original unit, with rent for the first 12 months subsequent to that return being the lower of the following: up to 5 percent higher than the rent at the time of displacement; or up to 30 percent of household income. (3) The estimated time of displacement is reasonable, and the project is a qualified affordable housing preservation project. (b) For the purposes of this section, "qualified affordable housing preservation project" " Stradliog, YOCC3'. Carlson & Rauth. 1998 A-35 e. -4-0 shall have the meaning set forth in subparagraph (B) of paragraph (3) of subdivision (c) of Section 7260. 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 acrually 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 paŸment, 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 displacing agency was encumbered by a bona fide mongage 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 mongages 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 mongage on the acquired dwelling ( and the lesser of the remaining term on the acquired dwelling or the actual term of the new mongage. 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 "mongage, " 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: C C Stradling. Yocca. Carlson & IQuth, 1998 A-36 C. -t4 ( -.. .... - (I) 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 fulfills its obligation to make available at kast 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 Qnly 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. 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-t./~ ~ Stradling. Yocc~, Carlson & Rauth, 1998 A-37 (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 nO! 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 thaI' 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 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-<-I3 < Stradling. Yocca, Carlson & Rauth. 1998 A-38 --- (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, òr 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 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 re~ts_o!.!?~~~:.!.~ other suitable,housÎJ1g. - -----. - _--__M u_- --------- A public entity assisting in the fmancing 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 fmanced 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 fmanced or assisted with public funds provided by or through the public entity. ( ~ (d) A person displaced by rehabilitation work which is wholly or partially finanœd or assisted with public funds provided by or through the public entity shall, as a condition of the . C-~~ -- - . -.. . -- ,...- ! ~ ftnancing 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. -- --------- (1) 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 rea) 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 on the eligibility for. or the amount of, a payment authorized by this chapter. (b) AIly 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 aüthoriied 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 Section 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. '- SYCR 1994 A-40 C - '-IS- _.. ... (b) Rea] property shall be appraised before the initiation of negotiations, and the owner, or the owner's designated representative, shall be given an opportUnity to aIXompany 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 vaJue. 7267.2. (a) Prior to adopting a resolution of necessity pursuant to Section 1245.230añd-irìfÚatir;g----- negotiations for the acquisition of rea! 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 shaJl 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 rea! 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. The public entity shall provide the owner of real property to be acquired with a wrinen statement of, and summary of the basis for, the amount it established as just compensation. Where the property involved is owner occupied residential ( property and contains no more than four residential units, the homeowner shaJl, upon request, be allowed to review a copy of the appraisal upon which the offer is based. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated. (b) Notwithstanding subdivision (a), a public entity may make an offer to the owner or owners of record to acquire-rea! -property-for-less-than an amount -which -it-believes -to bejust compensation therefor if (I) the rea! property is offered for sale by the owner at a specified price less than the amount the public entity believes to be just çompensation 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. (c) As used in subdivision (b), 'offered for sale. means any of the following: (I) 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 advenised 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 publicjl11provernentsbalLl)~_sosch,~uJ~---------- ! that, to the greatest extent practicable, no person lawfully occupying rea! property shall be required '-- to move from a dwelling, assuming a replacement dwelling will be available, or to move his business C'-4(P ~rR 1994 A-41 or farm operation, without at least 90 days' written notice from the public entity of the date by which I 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 tenn, or for a period subject to tennination 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-tenn occupier. 7267.5. In no event shall the public entity either advance the time of condemnation, or m_'n defer negotiations or condemnation and the 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 forma] condemnation proceedings, No public entity shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property. 7267.7. (a) If the acquisition of only a portion of a property would leave the remaining 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 perso'n whose real property is being acquired in accordance with this chapter may, after the person has been fully infonned of his or her right to receive just compensation for the property, donate the property, any part thereof, any interest therein, or any compensation paid therefor to a public entity determined by the person. 7267.8. (a) All public entities shall adopt rules and regulations to implement payments and to administer relocation assistance under this chapter. These rules and regulations shall be in accordance with the rules and regulations adopted by the Department of Housing and Community Development. (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. [See also Health and Safety O>de, Section 50460*] 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, ,---' C 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 SYCR 1994. ~-41 A-42 ~. apply to properties acquired by public entities for transportation purposes, including, but not limited to, the ronstruction, expansion, or improvement of streets, highways, or railways. (b) This section does not apply to actions or proceedings rommenced by a public entity or public utility to acquire rea! property or any interest in real property for the use of water, sewer, electricity, telephone, natural gas, or flood rontrol 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. 7269. (a) No payment received by any person under this chapter or as tenant relocation assistaoce required by any state statute or local ordinance shall be ronsidered as inrome for the purposes of the Personal Inrome Tax Law, Part 10 (rommencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11 (rommencing with Section 23001) of Division 2 of the Revenue and Taxation Code. (b) No payment received by any person under this chapter shall be ronsidered as inrome 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 Pan 5 (rommencing 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 rounted as inrome or resources for general assistance purposes under Part 5 (rommencing with Section 17000) of Division 9 of the Welfare and Institutions Code. 7270. Nothing rontained in this chapter. shall. be.ronstruedas -creating. in. any -_._._--~ condemnation proceedings brought under the power of eminent domain any element of damages not in existence on the date of enacunent 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 ~e is given greater protection than is provided by Sections 7265.3 to 7267.8, inclusive, the public entity shall also romply 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. ~-4~ SYCR 1994 A-41 Ar.y 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 federaJ law to secure federal funds. 7272.S. Nothing contained in this ankle 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 a city to compensate displaced persons for their moving expenses because of the construction of city highways or streets. 7274. Section 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 shan 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 shaH 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 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 l 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 Secûon 1087 of the Civil Code. e -4'1 SYCR 1994 A-44 -.. .. - (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 foregoing. ADDendix 19 Government Code. Sections 8855 - 8855.5 8855. (a) There is created the California Debt and Investment Advisory Commission, consisting of nine members, selected as follows: (1) The Treasurer, or his or her designate. ; ~ (2) The Governor or the Director of Finance. (3) The Controller, or his or her designate, (4) Two local government finance officers appointed by the Treasurer, one each from among persons employed by a county and by a city or a city and county of this state, experienced in the issuance and sale of municipal bonds and nominated by associations affiliated with these agencies. (5) Two Members of the Assembly appointed by the Speaker of the Assembly. (6) Two Members of the Senate appointed by the Senate Committee on Rules. (b) (1) - The term of office of an appointed member is four years, but appointed members serve at the pleasure of the appointing power. In case of a vacancy for any cause, the appointing power shall make an appointment to become effective immediately for the unexpired term. (2) Any legislators appointed to the commission shall meet with and participate in the activities of the commission to the extent that the participation is not incompatible with their respective positions as Members of the Legislature. For purposes of this chapter, the Members of the Legislature shall constitute a joint interim legislative committee on the subject of this chapter. (c) The Treasurer shall serve as chairperson of the commission and shall preside at meetings of the commission. The commission, on or after January 1,1982, and annually thereafter, shall elect from its members a vice chairperson and a secretary who shall hold office until the next ensuing December 31 and shall continue to serve until their respective successors are elected. A-45 c.-$'V . Stradling, YOCCI, CullOo & Rauth, 1997 _.- ..- EXHIBIT "C" - BAYFRONT REDEVELOPMENT PLAN FOR BAYFRONT REDEVELOPMENT PROJECT AMENDMENT NO.5 -.. .. - _.~. . . Draft Redevelopment Plan . . . , . . , . . , Prepared for: City of Chula Vista Redevelopment Agency 276 Fourth Avenue Chula Vista, CA 91910 0' ~\, = ~, ~-~"':.............Ji~""'~'. r,~ L -- - -;:J IIII~', .~_. "f'= ~~ Rosenow Spevacek Group, [OC, 540 N. Goldeo Circle, Suite 305 Santa ADa, CA 92705 Phooe 714.541.4585 760,967.6462 Fax 714,836,1748 E-Mail: RSGINCCA@aol.com ~-5( -. ... - TABLE OF CONTENTS SECTION I. (100) INTRODUCTION..........................................................................1 A. General..............................................................................................................I SECTION II. (200) BACKGROUND ............................................................................2 SECTION III. (300) GENERAL DEFINITIONS ..........................................................2 SECTION IV. (400) PROJECT AREA BOUNDARIES...............................................4 SECTION V. (500) REDEVELOPMENT PLAN OBJECTIVES ..............................4 SECTION VI. (600) REDEVELOPMENT ACTIONS .................................................5 A. General...................................................."........................................................5 B. Property Acquisition....................................................................,....................7 C. Participation by Owners and Persons Engaged in Business .............................7 D. Implementing Rules..........................................................................................9 E. Cooperation with Public Bodies .......................................................................9 F. Property Management.......................................................................................9 G, Payments to Taxing Agencies ........................................................................10 H. Relocation of Persons Displaced by a Project................................................IO 1. Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste ..............................................11 J. Rehabilitation, Moving of Structures by the Agency and Seismic Repairs....12 K. Property Disposition and Development..........................................................13 L. Provision for Low and Moderate Income Housing ........................................17 SECTION VII. (700) USES PERMITTED IN THE PROJECT AREA .....................17 A. Map and Uses Permitted.................................................................................17 B. Public Uses """""""""""""""""""""""""""""""""""""'.""""""""'".....,17 C. Nonconforming Uses .....................................................................................,18 D. Interim Uses......................................................,.............................................18 E. General Controls and Limitations................................................................... I 8 F. Design for Development......................,..........................................................21 G. Building Permits ........................................................................................,....21 H. Port District Tidelands................................................................,................,..22 SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT ....................23 A. General Description of the Proposed Financing Methods ..............................23 B. Tax Increment Revenue..................................................................................23 C. Agency Bonds...........................................,.........................,..,........................25 D. Other Loans and Grants """"""""""""""""""""""""""."""""...................25 E. Rehabilitation Loans, Grants and Rebates......................................................25 c.-S~ - . .. . SECTION IX. (900) ACTIONS BY THE CITY ..........................................................25 SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT .........................26 SECTION XI. (1100) PLAN LIMITATIONS................................................................27 A. Amount ofIndebtedness Outstanding At Any One Time...............................27 B. Amount of Cumulative Tax Increment Revenue............................................27 C. Time Frame to Incur Indebtedness .................................................................27 D. Duration of This Plan......................................................................................28 E. Time Frame to Collect Tax Increment Revenue.............................................28 SECTION xll. (1200) PROCEDURE FOR AMENDMENT .........................................28 Exhibit A: Project Area Map Exhibit B: Legal Description C. -.53 - . , - SECTION I. (100) INTRODUCTION A. (101) General This is the Amended Redevelopment Plan for the BayfTont Redevelopment Project ("Plan"), located in the City of Chula Vista, County of San Diego, State of California. It consists of the text (Sections 100 through 1200), the Project Area Map of the Bayfront Redevelopment Project Area ("Project Area") (Exhibit A), and the legal description of the Project Area boundaries (Exhibit B). This Plan has been prepared by the Chula Vista Redevelopment Agency ("Agency") pursuant to the California Co=unity Redevelopment Law (Health and Safety Code Section 33000, ~ ~.), the California Constitution and all applicable laws and ordinances. It does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within the Project Area; instead, it establishes a process and framework for implementation. This Plan is based upon the Preliminary Plan for Amendment No, 5 to the Bavfront Redevelopment Plan formulated and adopted by the Chula Vista Planning Commission and the Agency on July 23,1997 and October 7,1997, respectively. This Plan amends and supersedes the existing Redevelopment Plan for the Bayfront Redevelopment Project ("Project"), originally adopted on July 16, 1974, and most recently, amended on November 8, 1994 ("Existing Plan"). This Plan will amend the Existing Plan as follows; 1. Increase the size of the Project Area by approximately 398 acres by incorporating property within the jurisdiction of the San Diego Unified Port District ("Port District"), 2. Extend, to July 2010, the time frame within which the Agency may co=ence eminent domain proceedings to acquire property in the Project Area, 3. Extend, to January 1, 2004, the time frame within which the Agency may incur indebtedness for the existing Bayfront Redevelopment Project Area ("Existing Area"), 4. Extend, to July 16,2014, the effectiveness of the Existing Plan for the Existing Area, 5. Extend, to July 16,2024, the time period within which the Agency may collect tax increment revenue from the Existing Area, Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 1 Draft Amended Bayfront Redevelopment Plan C. - ~~ -. 6. Replace the Existing Plan's Statement of Basic Objectives, General Land Use Plan, and Controls to more comprehensively correlate to the Agency's current goals, and to provide that land uses in the Project Area are to be consistent with the City's General Plan and Title 19 of the Chula Vista Municipal Code, the Local Coastal Program, the Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans, as they now exist or are hereafter amended, and 7. Restate the remaining provisions of the Existing Plan. SECTION II. (200) BACKGROUND The Existing Plan was originally adopted by the City Council by Ordinance No. 1541 on July 16, 1974. Since this action, the Existing Plan has been amended on four separate occasions. On July 17,1979, the City Council adopted Ordinance No. 1872 that merged the fmancial provisions of the Existing Plan with the Town Centre I Redevelopment Plan. On April 22, 1986, the City Council adopted Ordinance No. 2146 that amended the Existing Plan for a second time by enacting new time limits to enact eminent domain and incur debt, while establishing a cumulative tax increment limit. Amendment No.3 was adopted by the City Council on January 4, 1994 by Ordinance No. 2585, when the City Council amended the tax increment and bonded indebtedness limits for the Project. The fourth amendment to the Existing Plan occurred on November 8, 1994, when the City Council adopted Ordinance No. 2608 that established a time limit on the collection of tax increment. SECTION ill. (300) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Plan unless otherwise specified herein; A. "Added Area" shall mean the territory added to the Project Area by Ordinance No. - adopted on adopting this Plan, as such territory is depicted on the Map. B. "Agency" means the Chula Vista Redevelopment Agency. C. "Amendment 5" shall mean the fifth amendment to the Bayfront Redevelopment Plan, adopted on , 1998 by Ordinance No. -' D. "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. E. "City" means the City of Chula Vista, California. F. "City Council" means the legislative body of the City. G. "County" means the County of San Diego, California. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 2 Draft Amended Bayfront Redevelopment Plan C -::;,-S- H. "Disposition and Development Agreement" means an agreement between a developer and the Agency that sets forth terms and conditions for improvement and redevelopment. I. "General Plan" means the City's General Plan, a comprehensive and long-term general plan for the physical development of the City. 1. "Legal Description" means the metes and bounds legal description of the Project Area attached hereto as Exhibit B. K. "Map" means the map of the Project Area attached hereto as Exhibit A. 1. "Method of Relocation" means the methods or plans adopted by the Agency pursuant to Sections 33352(f) 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. M. "Original Area" shall mean the territory originally included in the Project Area by Ordinance No. 1541, adopted on July 16, 1974. N, "Owner" shall mean and include the owner of real or personal property located in the Project Area or owner of business located in the Project Area. O. "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. P. "Person" means an individual(s), or any public or private entities. Q. "Plan" means the Redevelopment Plan for the Bayfiont Redevelopment Project, as amended. R. "Project" means the Bayfiont Redevelopment Project. S. "Project Area" means the Bayfront Redevelopment Project Area (comprised of the Original Area and the Added Area), which is the territory this Plan applies to, as shown on Exhibit A. T. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, ~ ~.) as it now exists or may be hereafter amended. U. "State" means the State of California. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 3 Draft Amended Bayfront Redevelopment Plan C. -~""t. -. ..- V. "State Law" means an enactment of State of California, and includes such regulations as have the force oflaw. SECTION IV. (400) PROJECT AREA BOUNDARIES 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. SECTION V. (500) REDEVELOPMENT PLAN OBJECTIVES Implementation of this Plan is intended to achieve the following objectives: . Create physical buffers which ameliorate the adverse effects of changing land uses along interfaces. . Discourage "spot zoning" and 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 tourism, 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 private 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 environmental qualities of the Project Area. . Expand the resource of developable land by making underutilized land available for development. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 4 Draft Amended Bayfront Redevelopment Plan C-S7 -- . 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 various 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 low 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 industriaVcommercial 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. SECTION VI. (600) REDEVELOPMENT ACTIONS A. (601) General The Agency proposes to alleviate and prevent the spread of blight and deterioration in the Project Area by; I. The acquisition, installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities, and other public improvements. 2. The rehabilitation, remodeling, demolition, or removal of buildings, structures, and improvements. 3. The rehabilitation, development, preservation, 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 Rosenow Spevacek Group, Inc. Chula Jl/sta Redevelopment Agency April, 1998 5 Draft Amended Bayfront Redevelopment Plan C-- ~'"i _. .. - occupants desiring to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced residential and nonresidential occupants in accordance with applicable State Law. 6. The development or redevelopment of land by private enterprise or public agencies for purposes and uses consistent with the objectives of this Plan. 7. The acquisition of real property by purchase, gift, device, or any other lawful means, or, where it is deemed necessary, by exercising the power of eminent domain as permitted by Section 603 of this Plan and after conduct of app[opriate public hearings. 8. The combining of parcels, properties, site preparation, and construction of necessary off-site improvements. 9. Providing for open space. 10. Managing of any property acquired by the Agency. 11. Assisting in providing financing for the construction of commercial and industrial buildings to increase the economic base of the Project Area and the City, and the number of temporary and pennanent jobs in the Project Area. 12. The disposition of property including the lease or sale of land at the value detennined by the Agency for reuse in accordance with this Plan. 13. Providing for the retention of controls, and the establishment of restrictions or covenants running with the land, so 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, if any is required. 16. Applying for, receiving and utilizing grants and loans from federal or state governments or any other source. 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 pennitted by the Redevelopment Law and any other State law. B. (602) ProDertv Acquisition Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 6 Draft Amended Bay/ront Redevelopment Plan c.. - :::.~ 1. (603) Acquisition of Real Property The Agency may acquire real property by any means authorized by law, including by gift, grant, exchange, purchase, cooperative negotiations, lease or any other means authorized by law including eminent domain. However, the Agency shall not exercise the power of eminent domain to acquire any property within the Added Area. Except as otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance adopting Amendment 5. Such time limitations may be extended only by amendment of this Plan. 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 605 to 609 of this Plan and applicable provisions of the Redevelopment Law. 2. (604) Acquisition of Personal Property Where necessary in the implementation of this Plan, the Agency is authorized to acquire personal property by any lawful means. C. (605) Participation bv Owners and Persons Engaged in Business 1. (606) 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. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 7 Draft Amended Bay/ront Redevelopment Plan C. -fcO Opportunities to participate in the redevelopment of property in the Project Area may include without limitation the rehabilitation of property or structures; the retention of improvements; the development of all or a portion of the participant's property; the acquisition of adjacent or other properties from the Agency; purchasing or leasing properties in the Project Area; participating with developers in the improvement of all or a portion of a participant's properties; or other suitable means consistent with objectives and proposals of this Plan and with the Agency's rules governing owner participation and re-entry. In addition to opportunities for participation by individual persons and firms, participation, to the extent it is feasible, shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. The Agency desires participation in redevelopment activities by as many owners and business tenants as possible. However, participation opportunities shall necessarily be subject to and limited by such factors as the provision or expansion of public improvements and/or public utilities facilities; elimination and changing of land uses; realignment of streets; the ability of owners and business tenants to finance acquisition and development activities in accordance with this Plan; development experience, where applicable, availability of franchises, whether the proposed activities conform to and further the goals and objectives of this Plan; and any change in the total number of individual parcels in the Project Area. 2. (607) Reentrv Preferences for Persons Engaged 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. (608) Owner ParticiDation 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 documents as are necessary to make the provisions of this Plan applicable to their properties. Owner Participation Agreement shall include appropriate remedies such as the ability of the Agency to declare the 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. Rosenow Spevacek Group, Inc. Chula VISta Redevelopment Agency April,1998 8 Draft Amended Bayfront Redevelopment Plan c.-Cc./ -. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and tenants. Where the Agency detennines 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 such an agreement. D, (609) Implementing Rules The provisions of Sections 605-608 of this Plan shall be implemented according to the rules adopted by the Agency prior to the approval of the ordinance amending this Plan, which may be amended nom time to time by the Agency. Such rules allow for Owner Participation Agreements with the Agency. E. (610) 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 Imrposes 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. All plans for development of property in the Project Area by a public body shall be subject to Agency approval. Subject to Section 720 of this Plan, 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 improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 9 Draft Amended Bayfront Redevelopment Plan L-'=-;'" F. (611) 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. G. (612) Pavments 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 33607.7, Section 33676(b), and any other pertinent and applicable sections of the Redevelopment Law. All such amounts shaH 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. H. (613) Relocation of Persons Displaced bv a Project I. (614) Relocation Program In accordance with the provisions of the California Relocation Assistance Law (Govemment Code Section 7260, ~ ~.) ("Relocation Assistance Act"), the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "Relocation Guidelines") and the Method of Relocation adopted by the Agency, the Agency shall provide relocation benefits and assistance to all persons (including families, business concerns, and others) displaced by Agency acquisition of property in the Project Area as may be required by law. Such relocation assistance shall be provided in the manner required by the Method of Relocation. The Agency shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the Project Area. The Agency is also authorized to provide relocation for displaced persons outside the Project Area. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 10 Draft Amended Bayfront Redevelopment Plan C. -'3 -. .. - 2. (615) 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. 1. (616) Demolition. Clearance. Public ImDrovements. Site Preparation and Removal of Hazardous Waste 1. (617) 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. (618) Public ImDrovements To the greatest extent pennitted 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. Such public improvements include, but are not limited to; over or underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical distribution systems' natural gas distribution systems; cable TV and fiber optic communication systems; water distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities; landscaped areas; schools; civic; cultural; stadium, arena, and other recreational 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 City's General Plan, the Local Coastal Plan, and the City and Port District's Capital Improvement Programs, and 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 detenninations required pursuant to the Redevelopment Law. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 11 Draft Amended Bayfront Redevelopment Plan <: -fc~ 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 periodic 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. (619) 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. (620) Removal of Hazardous Waste To the extent legally allowable, the Agency may, in its sole discretion, take any actions which the Agency detennines 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, J. (621) Rehabilitation. Moving of Structures bv the Agencv and Seismic ReDairs 1. (622) 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 pennitted by the Redevelopment Law as it exists now or may be hereafter amended. The 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: Rosenow Spevacek Group, Inc. Chula VISta Redevelopment Agency April, 1998 12 Draft Amended Bayfront Redevelopment Plan C-tø~ -- ..- 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 confonnance 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. (623) Moving of 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 which can be rehabilitated to a location within or outside the Project Area. 3. (624) 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 detennines are necessary to provide for seismic retrofits. Rosenow Spevacek Group, Inc. Chula VISta Redevelopment Agency April, 1998 13 Draft Amended Bayfront Redevelopment Plan C-G.b -- K. (625) Property Disposition and Development L (626) Real Property Disposition and Development a. (627) General For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent pennitted by law, the Agency is authorized to dispose of real property by negotiated lease or sale without public bidding. 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 after 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 to it by the City, 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 period of time which the Agency fixes as reasonable, 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 City's General Plan and Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, 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. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 14 Draft Amended Bayfront Redevelopment Plan L -{g 1 b. (628) 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 conveyed by the Agency, as well as all property subject to Owner Participation Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the City's General Plan and Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended, conditional use pennits, or other means. Where appropriate, as detennined 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 redevelopment projects and owners of property improved as part of a redevelopment project to re&ain &om discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, or marital status in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to Disposition and Development Agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain such nondiscrimination and non- segregation clauses as are required by law. 2. (629) Personal Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 15 Draft Amended Bayfront Redevelopment Plan L -l'ø~ 3. (630) Prevention of Discrimination a. 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, marital status, national origin or ancestry, in the sale, lease or occupancy of the property. Pursuant to the California Health and Safety Code (Sections 33337 and 33435-33536), 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 redevelopment area or project, shall comply with the provisions of said sections in substantially the fonn set forth therein. All such contracts shall further provide that the provisions of said section shall be binding upon and shall obligate the contracting party or parties and all other transferees under the instrument. b. Contracts All deeds, leases, or contracts for the sale, lease, sublease or other transfer of any land in the Project Area shall contain the following nondiscrimination clauses as prescribed by California Health and Safety Code, 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, marital 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 pennit any such practice or practices of discrimination or segregation with reference to the selèction, 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: Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 16 Draft Amended Bayfront Redevelopment Plan C-tøC¡ - - "That 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 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, subleases, subtenants, or vendees in the premises herein leased." 1. (631) Provision for Low and Moderate Income Housing The Agency shall comply with all of the low and moderate income housing requirements of the Redevelopment Law which are applicable to this Plan, ineluding applicable expenditure, replacement, and inelusionary housing requirements, and in connection therewith, the Agency shall have all of the powers and authorization to act as may, from time to time, be provided by the Redevelopment Law and other applicable provisions of law. SECTION VII. (700) USES PERMITTED IN THE PROJECT AREA A. (701) Map 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 City's General Plan and Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. B. (702) Public Uses 1. (703) Public Street Lavout. Rights-of-Wav and Easements The public street system and street layout for the Project Area is illustrated on the Project Area Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the City's General Plan and Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 17 Draft Amended Bayfront Redevelopment Plan C -'7 0 -. Certain streets and rights-of-way may be widened, altered, abandoned, vacated, or closed by the City or Port District as necessary for proper development of the Project Area. Additional easements may be created by the Agency, City, and Port District 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. (704) Other Public and Open SDace Uses Both within and, where appropriate, 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, 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 with all other applicable laws and ordinances and that such uses are approved by the City or the Port District. The Agency may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. C. (705) 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. D. (706) Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit the use of any land in the Project Area for interim uses not in conformity with the uses permitted in this Plan. Such interim use, however, shall conform to City's General Plan and Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. Rosenow Spevacek Group, Inc. Chula VISta Redevelopment Agency April, 1998 18 Draft Amended Bayfront Redevelopment Plan C--¡I -. .. - E. (707) General Controls 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 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 City's General Plan and Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other state and local building codes, guidelines, 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 1100 below. The type, size, height, number and use of buildings within the Project Area will be controlled by the City's General Plan and Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. I. (708) 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 applicable City or Port District 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. (709) 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 following requirements; be safe and sound in all physical respects, be attractive in appearance and not detrimental to the surrounding uses. 3. (710) Number of Dwelling Units The total number of dwelling units in the Project Area shall be regulated by the City's General Plan and the Port District's Master Plan. As of the date of adoption of this Plan, there are no dwelling units in the Project Area. 4. (711) Open SDace 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 City's General Plan and Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, 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 or Port District and this Plan. Landscaping shall be developed in the Project Area Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency AprU, 1998 19 Draft Amended Bayfront Redevelopment Plan C -; ót -- to ensure optimum use of living plant material in confonnance with the standards of the City and Port District. 5. (712) Limitations on TVDe. Size and HeilZht of Bui1dinlZs The limits on building intensity, type, size and height, shall be established in accordance with the provisions of the City's General Plan and Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. 6. (713) ~ All signs shall confonn to the requirements of the City and Port District. Design of all proposed new signs shall be subject to the review of the City or Port District and the procedures of this Plan. 7. (714) Utilities The Agency, in confonnity with municipal code, and City and Port District policies, shall require that all utilities be placed underground whenever physically possible and economically feasible on projects funded in whole or in part by the Agency or subject to a Disposition and Development Agreement or an Owner Participation Agreement. 8. (715) 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 or Port District. 9. (716) Variations The Agency is authorized to pennit variations from the limits, restrictions and controls established by this Plan. In order to pennit any such variation, the Agency must detennine 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. Rosenow Spevacek Group, Inc. Chula Vista RedeveloprtlJ!nt Agency April, 1998 20 Draft Amended Bayfront Redevelopment Plan C - '7.3 -. .. - -... b. There are exceptional circwnstances 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. Pennitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. d. Pennitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted which pennits other than a minor departure from the provisions of this Plan. In pennitting any such variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. F. (717) Design for Development Within the limits, restrictions, and controls established in this Plan, and subject to the provisions of Sections 701 and 707 herein, the Agency is authorized to establish 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 private 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. 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 pennitted by Section 716 of this Plan. G, (718) Building Pennits Any building pennit 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 confonnance 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. The Agency is authorized to establish pennit procedures and approvals required for purposes of this Plan. A building pennit shall be issued only after the applicant for same Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 21 Draft Amended Bayfront Redevelopment Plan C. -; c.¡. has been granted all approvals required by the City (or Port District) and the Agency at the time of application. H. (719) Port District Tidelands 1. (720) Proposed Redevelopment and Use and Planning Notwithstanding any other provision in this Plan, including without limitation sections pertaining to proposed redevelopment activities and uses permitted and planning considerations, all of the tidelands (filled and unfilled) and the submerged lands owned and controlled by the Port District, a public corporation, pursuant to Califomia Stats. 1962, 1st Ex. Sess., c.67, as amended, shall be developed and used in accordance with the Port District Master Plan. It is recognized that the procedures and exercise of authority by the California Coastal Commission, together with the statute establishing the Commission, could foreseeably cause delay or denial of implementation of the Port District Master Plan or particular projects contemplated by the Port District Master Plan. The Agency acknowledges that the present Port District Master Plan and the specified uses therein are in conformance with this Plan and are consistent with the provisions, objectives and intent of this Plan, and further that any amendment by the Port District to the Port District Master Plan is deemed by the Agency as being in conformance and consistent with the provisions, objectives and intent of this Plan. The Agency shall not establish any time periods, priorities or preferences regarding development of said lands of the Port District or with regards to development of said lands of the Port District in relation to other property in the Project Area. The Port District shall have the unfettered right to use and develop its lands at its sole discretion in accordance with the Port District Master Plan which from time to time may be hereafter amended. This right of the Port District is deemed adequate and in conformance with this Plan, as well as consistent with its provisions, objectives, and intent as long as the Port District acts in accordance with Calif. Stats. 1962, 1st Ex. Sess., c.67, as amended, commonly known as the San Diego Unified Port District Act, the tideland trust and the Califomia Coastal Act of 1976. Said lands of the Port District shall be and remain under the exclusive jurisdiction and control of the Port District and the Agency shall not impose or attempt to impose any restrictions or regulations, including without limitation, any relating to proposed redevelopment activities, uses permitted and planning considerations, building, zoning or architectural (sign, design, schematic, landscaping site plan) controls, with regard to said lands of the Port District, so long as said lands are developed and used in accordance with the Port Master Plan as it may be amended. Port District lands and their proposed planned development are not included in the Project Area for the benefit of any other property or property owner, whether such property or owner is or is not within the Project Area, and such owner shall not rely on the fact that the Project Area includes Port District lands or on the planned development for said land or that said planned development will ever occur or otherwise. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 22 Draft Amended Bayfront Redevelopment Plan C-7S: SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT A. (801) General DescriDtion of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to fmance 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. As available, gas tax and sales tax funds may be used for the street system. 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. B. (802) 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 the following; 1. With respect to the Original Area, August 16, 1974 (30 days after the City Council adopted Ordinance No. 1541 on July 16, 1974 that incorporated the Original Area into the Project Area.) (No change to base year roll of Original Area.) 2. With respect to the Added Area, , 1998 (30 days after the City Council adopted Ordinance No. - on that incorporated the Added Area into the Project Area.) All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City or other public corporation (hereinafter called "Taxing Agency" or "Taxing Agencies") after the effective date of the ordinance, shall be divided as follows; Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 23 Draft Amended Bayfront Redevelopment Plan C-7fo - - , - 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 artd 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 I, 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 Rosenow Spevacek Group, Inc. Chula Vista Red/!lOelopment Agency April,I998 24 Draft Amended Bayfront Red/!lOelopment Plan c'-Î7 _. ... - 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. C. (803) Agencv Bonds The Agency is authorized to issue bonds and other obligations 1Ì'om 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, the Port District, 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. D. (804) Other Loans and Grants Any other loans, grants, guarantees or financial assistance ftom the federal government, the State, or any other public or private source will be utilized, if available, as appropriate in canying 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. E. (805) Rehabilitation Loans. Grants. and Rebates To the greatest extent by State Law, the Agency and the City may commit funds ftom 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 ftom State and federal sources, as they may be available 1Ì'om time to time, for the canying out of such programs. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 25 Draft Amended Bayfront Redevelopment Plan c.-7g - . . - SECTION IX. (900) ACTIONS BY THE CITY 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 ot 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 public 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. Perfonnance of the above, and of all other functions and services relating to public health, safety, and physical development nonnally rendered in accordance with a schedule which will pennit 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. 8. Revision of the City zoning ordinance, adoption of 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. Chula Vista Redevelopment Agency Aprü, 1998 26 Draft Amended Bayfront Redevelopment Plan c..--r9 -. SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT 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. SECTION XI. (1100) PLAN LIMITATIONS The folJowing fmancial and time limitations shall apply to this Plan; A. (1101) Amount of Bonded Indebtedness Outstanding At Anv 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 $50.0 million, except by amendment to this Plan. B. (1102) Amount of Cumulative Tax Increment Revenue With respect to the Original Area only, the number. of dolJars 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 $210.0 million, except by amendment of this Plan. C. (1103) Time Frame to Incur Indebtedness Notwithstanding any other provision of this Plan, and except as provided in this Section and Section 33333.6(a), (g), and (h) of the Redevelopment Law, or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the Agency to finance in whole or in part the Redevelopment Project shall be established or incurred after the dates set forth below in this Section 1103. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. This limit shall not prevent the Agency from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfilJ the Agency's housing obligations under Section 33413 of the Redevelopment Law. In addition, this limit shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after the dates set forth below in this Section 1103, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. Original Area January 1,2004 Rosenow Spevacek Group, Inc. Chula VISta Redevelopment Agency April, 1998 27 Draft Amended Bayfront Redevelopment Plan C-ÇO -. .. - Added Area ,2018 D. (1104) Duration of This Plan Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on the dates set forth below in this Section 1104. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness, collect tax increment revenue, and enforce existing covenants, contracts, or other obligations. Original Area July 16,2014 Added Area ,2028 E. (1105) Time Frame to Collect Tax Increment Revenue Notwithstanding any other provision of this Plan, and except as provided in this Section and Section 33333.6(a), (c), (g), and (h) of the Redevelopment Law, or as otherwise permitted by law, the Agency shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after ten (10) years beyond the duration of this Plan pursuant to Section 1104. These limitations shall not be applied to limit the allocation of taxes to the Agency to the extent required to eliminate project deficits created under subdivision (g) of Section 33334.6 of the Redevelopment Law in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a housing program requirement pursuant to Section 33413 of the Redevelopment Law. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Section 33401 of the Redevelopment Law, authorized by the City Council, or the Agency pursuant to the Redevelopment Law, prior to January I, 1994, or the right of the Agency to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation, SECTION XII. (1200) PROCEDURE FOR AMENDMENT 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. Chula Vista Redevelopment Agency April, 1998 28 Draft Amended Bay/rant Redevelopment Plan c.-if EXHIBIT A PROJECT AREA MAP c-;.;l -' ~ NORTH . - Bayfr~mt Redevelopment Project Area Map - ROSENOW SPE~..:S'.3 GROUP INc. -. .. - EXHIBIT B LEGAL DESCRIPTION c-~4 -. ..- LEGAL DESCRIPTION Page 1 of 3 BAY FRONT REDEVELOPMENT PROJECT AREA ORIGINAL AREA LEGAL DESCRIPTION - PEDEVELOPMENT PROJECT Those portions of Quarter Sections 160,161,162, 163, 164, 165, 169, 170, 171, 172, 174, 179, 180 and all of 173 of Rancho de 1a Nacion according to Map thereof No. 166, filed in the office of the County Recorder, San Diego County, State of California on May 11, 1869, described as follows: Beginning at the intersection of the northerly boundary line of the City of Chula Vista with the westerly right of way of I-5 Freeway as shown on the State Division of Highways right of way Map L.O.-2532; thence along said boundary line South 72°14'13" West a distance of 832.74 feet to an intersection with the Ordinary High Water Mark per Misc. Map No. 399 filed in said County Recorder's Office on September 12, 1960; thence southerly along said Ordinary High Water Mark, per said Misc. Map No. 399, the following courses, South 10°16'44" West a distance of 204.88 feet; South 28°14'44" West, a distance of 305.05 feet; South 8°29'44" West, a distance of 201.97 feet; South 35°06'44" West, a distance of 419.14 feet; South 78°59'44" West, a distance of 225.53 feet; North 80°53'16" West, a distance of 802.05 feet; South 61°40'44" West, a distance of 200.92 feet; South 11°05'44" West, a distance of 277.74 feet; South 55°54'44" West, a distance of 140.91 feet; North 64°51'16" West, a distance of 132.01 feet; South 81°52'44" West, a distance of 146.66 feet; South 00°54'16" East, a distance of 203.07 feet; South 32°47'16" East, a distance of 227.40 feet; South 12°00'16" East, a distance of 701.70 feet; South 30°42'44" West, a distance of 769.45 feet; South 2°23'07" East, a distance of 271.42 feet; South 8°12'34" East, a distance of 140.15 feet; South 19°46'24" East, a distance of 132.28 feet; South 43°00'53" East, a distance of 300.28 feet; South 34°43'23" East, a distance of 312.67 feet; South 28°46'13" East, a distance of 297.16 feet; South 79°21'43" East, a distance of 213.97 feet; South 60°35'53" East, a distance of 176.18 feet; South 80°28'33" East, a distance of 340.97 feet; South 68°40'03" East, a distance of 587.67 feet; South 59°04'43" East, a distance of 155.72 feet; South 39°39'13" East, a distance of 266.82 feet; South 31°15'03" East, a distance of 368.98 feet; South 34°45'03" East, a distance of 351.40 feet; South 25°58'03" East, a distance of 221.17 feet; South 19°07'33" East, a distance of 234.36 feet; South 31°19'33" East, a distance of 291.81 feet; South 38°00'03" East, a distance of 328.06 feet; North 84°47'57" East, a distance of 339.65 feet; .South 67°00'03" East, a distance of 228.93 feet; South 38°07'39" East, a distance of 182.42 feet; South 58°28'01" East, a distance of 297.87 feet; South 40°32'01" East, a distance of 525.67 feet; ~ -'?J s: -. LEGAL DESCRIPTION Page 2 of 3 BAYFRONT REDEVELOPMENT PROJECT AREA ORIGINAL AREA South 38°43'31" East, a distance of 344.37 feet; South 30°19'01" East, a distance of 392.81 feet; South 24°18'01" East, a distance of 233.29 feet; South 20°56'01" East, a distance of 453.59 feet; South 57°45'01" East, a distance of 230.78 feet; South 22°27'01" East, a distance of 184.92 feet; South 14°12'01" East, a distance of 489.75 feet; South 04°01'31" East, a distance of 568.83 feet; South 07°03'31" East, a distance of 578.95 feet; South 03°39'44" West, a distance of 731.02 feet; South 12°36'46" East, a distance of 323.50 feet; South 08°35'44" West, a distance of 440.99 feet; South 12°41'44" West, a distance of 496.12 feet; South 10°03'14" West, a distance of 717.25 feet; South 06°47'14" West, a distance of 201.63 feet to the southwesterly boundary line of the City of Chula Vista; thence leaving the Ordinary High Water Mark, North 72°10'54" East (North 72°11'13" East per State Division of Highways right of way Map L.O.-2524) a distance of 2082.30 feet along said southwesterly boundary line of the City of Chula Vista and its easterly pro- longation to a point on the westerly access control line of the 1-5 Freeway per said right of way Map L.O.-2524, North 02°17'09" West along said right of way and westerly access control line a distance of 88.29 feet; thence North 49°58'39" West, a distance of 100.55 feet; thence North 05°25'48" West, a distance of 115.00 feet; thence North 07°43'00" West, a distance of 300.17 feet to a point on the arc of a non-tangent curve, concave easterly, having a radius of 2,982.00 feet and whose center bears North 84°47'40" East from said point; thence northerly along the arc of said curve, through a central angle of 03°53'11", a distance of 202.27 feet, thence North 01°19'09" West, tangent to said curve, a distance of 399.37 feet to the beginning of a tangent curve, concave westerly, having a radius of 1120 feet, thence northerly along the arc of said curve, through a central angle of 16°12'44", a distance of 316.91 feet, thence North 20°57'22" West, a distance of 425.72 feet to the beginning of a tangent curve, concave westerly, having a radius of 443.00 feet, thence along the arc of said curve, through a central angle of 09°47'22", a distance of.75.69 feet; thence North 30°44'44" West, tangent to said curve, a distance of 144.60 feet; thence North 21°24'10" West, a distance of 203.03 feet; thence North 19°08'16" West, a distance of 269.28 feet; thence North 48°55'38" West, a distance of 50.25 feet; thence North 05°15'11" West, a distance of 122.92 feet; thence North 12°29'48" West, a distance of 1,096.45 feet; thence South 77°30'12" West, a distance of 52.17 feet; thence North 12°30'35" West, a distance of 464.96 feet to the beginning of a tangent curve, concave northwesterly having a radius of 1,718.00 feet; thence northerly, along the arc of said curve, through a central angle of 14°20'29", a distance of 430.02 feet; thence North 26°51'04" West, tangent to said curve,:' a distance of 499.24 feet; North 14°40'05" West, a distance of 261.47 feet to a point on the arc of a non-tangent curve, concave westerly, having a radius of C-~b -. . - LEGAL DESCRIPTION Page 3 of 3 BAYFRONT REDEVELOPMENT PROJECT AREA ORIGINAL AREA 2,018 feet and whose center bears South 82°14'45" Wes," from said point; thence northerly, along the arc of said curve through a central angle of 05°51'24", a distance of 206.28 feet; thence North 13°36'39" West, tangent to said curve, a distance of 680.35 feet, to the beginning of a tangent curve, concave westerly, having a radius of 2,018.00 feet, thence northerly along the a=c of said curve, through a central angle of 04°32'45", a distance of 160.11 feet; thence North 18°09'24" West, a distance of 695.06 feet to the beginning of a tangent curve, concave westerly having a radius of 2,018.00 feet; thence northerly, along the arc of said curve, through a central angle of 06°36'22", a distance of 232.67 feet; thence North 24°45'46" West, tangent to said curve, a distance of 441.19 feet to the beginning of a tangent curve, concave south- easterly, having a radius of 30.00 feet; thence northeasterly along the arc of said curve, through a central angle of 96°48'10" a distance of 50.69 feet; thence North 72°02'24" East, tangent to said curve, a distance of 37.86 feet; thence North 17°58'13" West, a distance of 128.93 feet to a point on the arc of a non-tangent curve, concave northerly, having a radius of 458.34 feet and whose center bears North 10°30'53" West from said point; thence westerly, along the arc of said curve, through a central angle of 03°25'15", a distance of 27.37 feet; thence North 22°23'10" West, a distance of 1158.90 feet; thence South 77°05'30" West, a distance of 119.55 feet; thence North 17°53'22" West, a distance of 134.95 feet; thence North 68°15'12" East, a distance of 120.68 feet; thence North 11°12'13" West, a distance of 55.28 feet; thence North 17°11'55" West, a distance of 1,169.58 feet to the beginning of a tangent curve, concave westerly having a radius of 1,688.30 feet; thence northerly along the arc of said curve, through a central angle of 7°51'23" a distance of 231.50 feet; thence North 31°43'24" West, a distance of 771.55 feet; thence North 17°43'19" West, a distance of 623.38 feet; thence North 45°37'35" West, a distance of 226.30 feet to the easterly line of the Coronado Branch of the San Diego and Arizona Eastern Railway Company right of way; North 17°44'21" West along said easterly line a distance of 669.90 feet; thence, North 05°35'01" West, a distance of 194.76 feet; thence North 32°56'49" East, a distance of 252.07 feet; thence North 72°14'13" East, a distance of 149.49 feet to a point on a 280 foot radius curve, concave southerly, whose center bears South 42°27'53" West from said point; thence northwesterly along the arc of said curve through a central angle of 52°43'36", a distance of 257.67 feet; thence South 72°16'22" West a distance of 88.05 feet; thence North 17°43'37" West a distance of 50.00 feet to the Point of Beginning. written by: APM Checked by: WFG Revised: 5/2/74 C ->i1 LEGAL DESCRIPTION Page 1 of 2 BAY FRONT REDEVELOPMENT PROJECT AREA ADDED AREA CITY OF CHULA VISTA BAYFRONT REDEVELOPMENT PLAN AMENDMENT LEGAL DESCRIPTION Being a portion of Parcel No. 3 of those tide and submerged lands, conveyed to the San Diego Unified Port District pursuant to Section 14, Chapter 67, Statutes of 1962, First Extraordinary Session, as amended, as delineated on that certain Miscellaneous Map No. 564 filed May 28, 1976 in the Office of the County Recorder of the County of San Diego, California, being an area within the corporate limits of the City of Chula vista, lying westerly of the Ordinary High Water Mark, south of "F" Street, being more particularly described as follows: BEGINNING at the intersection of the southerly right of way line of "F" Street (subsequently renamed Lagoon Drive) in the city of Chula vista with the Ordinary High Water Mark for the Bay of San Diego, as said Ordinary High Water Mark was established and delineated on the above described Miscellaneous Map No. 564, said intersection having california Coordinate system (NAD 1927) Zone 6 grid coordinates North 170,977.24, East 1,736,531.20, said intersection also bears south 45°06'22" east, 3,282.30 feet from U.S. Coast and Geodetic horizontal control monument station "COTTONSEED 1933" having coordinates North 173,293.88, East 1,734,205.97; thence along said Ordinary High Water Mark south 19°07'58" east, 227.22 feet to Station 102; thence south 31°19'56" east, 291.82 feet to Station 103; thence south 38°00'25" east, 328.08 feet to station 104; thence north 84°47'56" east, 339.69 feet to station 105; thence south 66°58'55" east, 228.90 feet to Station 106; thence south 38°06'27" east, 182.43 to station 107; thence south 58°28'34" east, 297.91 feet to station 108; thence south 40°32'42" east, 525.72 feet to station 109; thence south 38°44'12" east, 344.40 feet to station 110; thence south 30°19'44" east, 392.83 feet to Station 111; thence south 24°18'45" east, 233.30 feet to station 112; thence south 20°56'45" east, 453.60 feet to Station 113; thence south 57°45'35" east; 230.81 feet to station 114; thence south 22°27'45" east, 184.92 feet to station 115; thence south 14°12'45" east, 489.75 feet to Station 116; thence south 4°02'14" east, 568.80 feet to station 117; thence south 7°04'15" east, 578.93 feet to Station 118; thence continuing along said Ordinary High Water Mark south 3°39'02" west, 175.00 feet to an intersection with the most southerly top of bank line of the southerly peninsula, Chula vista Harbor, said top of bank also being parallel with and distant 190.0 feet, more or less, southerly from the center line of "J" Street (renamed Marina Parkway), said intersection having coordinates North 166,168.01, East 1,739,375.04; thence along said top of bank and 190.0 feet parallel line south 72°05'20" west, 2,960.08 feet to an ~ -Sn~ LEGAL DESCRIPTION Page 2 of 2 BAYFRONT REDEVELOPMENT PROJECT AREA ADDED AREA intersection with the U.S. Pierhead Line, as said Harbor Lines are now established and approved by the Secretary of the Army August 18, 1965, filed in the Office of the District Engineer, Los Angeles, California, said intersection having coordinates North 165,257.66, East 1,736,558.43¡ thence along said U.S. Pierhead Line north 25°23'13" west, 101.64 feet to Harbor Line Station 489-B¡ thence along the combined U.S. Pierhead and Bulkhead Line north 25°23'13" west, 5,394.43 feet to an intersection with the westerly prolongation of the said southerly right of way line of "F" Street, having coordinates North 170,223.00, East 1,734,202.11; thence along said southerly right of way line north 72°03'22" east, 2,448.18 feet to the TRUE POINT OF BEGINNING, containing approximately 397.6 acres of tideland area. Bearings, Distances, and Coordinates referred to in the above description are based on the State of California Coordinate system, (N.A.D. 1927) Zone 6. APPROVED BY DATE 1~fUAuL ft) hi h 7 MAR NUS W. BAAl< ¡ ( SENIOR DIRECTOR / PUBLIC WORKS SAN DIEGO UNIFIED PORT DISTRICT RCE NO. '2 "75/2 EXPIRES Cf!7JeJ /ò/ , f /7219 C-'i?q EXHIBIT "0" - BAYFRONT PRELIMINARY REPORT FOR BAYFRONT REDEVELOPMENT PROJECT AMENDMENT NO.5 . . . . Preliminary Report . . . . , . , . , , Prepared for: City of Chula Vista Redevelopment Agency 276 Fourth Avenue Chula Vista, CA 91910 'GD~ ~"'....:,' """ .~ è' ~.,;...'.. ;"""""""',\4 ..¡;~~ '-~" L..-.. .,~~;-? ':'1~ ~.~-"~"z:.J1111 ~r==~, ~- ~~ ," Roseoow Spevacek Group, Ine, 540 N. Goldeo Circle, Suite 305 Santa Ana, CA 92705 Pbooe 714.541.4585 760.967.6462 Fax 714,836,1748 E-Mail: RSGINCCA@aol.com C-90 -. PRELIMINARY REPORT FOR THE BA YFRONT REDEVELOPMENT PROJECT - AMENDMENT NO.5 TABLE OF CONTENTS Page INTRODUCTION.............................................""""""""""'."""""""""""""""'.""""".""""", i SECTION A The Reasons for the Amendment General Characteristics ........,.........................."............,................................................A-1 Reasons for the Selection of the Existing Area .............................................................A-2 Agency's Accomplishments Within the Existing Area .................................................A-2 Reasons for the Amendment,..,......................................................................................A-3 SECTION B A Description of the Physical and Economic Blighting Conditions Existing in the Project Area Defmition of Blight.............,...........................,.... .....................,.................................... B-1 Existing Area """"""""""'.'.".""""""""""""""""""""""""".""""""""'."""""""'" B-2 Added Area.........................,...........................,....................................................."""'" B-3 Conclusion """"""""""""""""""""""""""""""'""""""""""""""""""""""""""" B-23 SECTION C A Determination as to Whether the Project Area is Predominantly Urbanized """"""'" C-1 SECTION D A Preliminary Assessment ofthe Proposed Method of Financing, Including the Economic Feasibility and the Reasons for the Division of Tax Increment General Financing Methods Available to the Agency...................................................D-1 Projected Tax Increment Revenues """"""""""""""""""""""""""'."'.'"..................D-5 Economic Feasibility Analysis ......................................................................................D-8 Reasons for the Provisions of Tax Increment................................................................D-9 SECTION E A Description ofthe Projects Proposed by the Agency "."""""""""""""""""""'".,."""", E-1 SECTION F A Description of How the Proposed Projects Will Improve and Alleviate Blighting Conditions.............................................""""""""""""""""""""""""""""".'........................ F-1 C -~U - . PRELIMINARY REPORT FOR THE BA YFRONT REDEVELOPMENT PROJECT - AMENDMENT NO.5 LIST OF TABLES TABLE B-1 Acres of Available Industrial Tidelands TABLE B-2 List ofIndividuals and Organizations Consulted TABLE B-3 Broker's Opinion of Potential Added Area Lease Rates TABLES B-4(a-g) Added Area Residual Land Value Analysis TABLE C-I Urbanization Matrix TABLE D-2 List of Affected Taxing Agencies TABLE D-3 Projected Economic Benefit of Amendment LIST OF EXHIBITS EXHIBIT B-1 Vacant Parcels in Added Area EXHIBIT B-2 Photo Survey EXHIBIT B-3 Photo Survey EXHIBIT B-4 Photo Survey EXHIBIT B-5 Photo Survey EXHIBIT C-I Urbanization Map c-q.;... -. INTRODUCTION Established by the City Council on October 24, 1972, the ChuIa Vista Redevelopment Agency ("Agency") is responsible for oversight of the five redevelopment projects in the City of Chula Vista ("City"). One of these projects is the Bayfront Redevelopment Project ("Project"), which was initiated on July 16, 1974, by Ordinance No. 1541 that adopted the original Redevelopment Plan for the Bayfront Redevelopment Project ("Original Plan") and established the existing Bayfront Redevelopment Project Area ("Existing Area"). Since its inception, the Original Plan has been amended on four separate occasions, most recently in November 1994. The Original Plan, as amended ("Existing Plan"), has guided the Agency's redevelopment program in the Project Area to date. Since 1976, the Agency has targeted its redevelopment efforts to mitigate specific physical and economic blighting conditions in the Existing Area. Despite the success of these efforts, full redevelopment of the Existing Area is not yet complete, due to continued redevelopment of the Existing Area is inhibited by limitations in the Existing Plan, Further, the Agency seeks now to proactively encourage redevelopment of tidelands west of the Existing Area to reverse decades of improper utilization. To expand its ability to address redevelopment needs in both the Existing Area and in the tidelands, the Agency seeks to undertake a series of amendments. On October 7, 1997, the Agency accepted and approved the Preliminary Plan for Amendment No.5 to the Bavfront Redevelopment Plan. This action initiated proceedings to amend the Existing Plan ("Amendment") as follows; I. Add approximately 398 acres of tidelands property ("Added Area") within the jurisdiction of the San Diego Unified Port District ("Port District") to establish the 1,035-acre Bayfront Redevelopment Project Area ("Project Area"), . 2. Extend, to July 201O, the time ftame within which the Agency may commence eminent domain proceedings to acquire property in the Project Area, 3. Extend, to January I, 2004, the time ftame within which the Agency may incur indebtedness for the Existing Area, Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 i C - t(.3 Bayfront Amendment No.5 - Preliminary Repol1 -. . - --'" 4. Extend, to July 16,2014, the effectiveness of the Existing Plan for the Existing Area, 5. Extend, to July 16, 2024, the time period within which the Agency may collect tax increment revenue from the Existing Area, 6. Replace the Existing Plan's Statement of Basic Objectives, General Land Use Plan, and Controls to more comprehensively correlate to the Agency's current goals, and to provide that land uses in the Project Area are to be consistent with the City's General Plan and Title 19 of the Chula Vista Municipal Code, the Local Coastal Program, the Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans, as they now exist or are hereafter amended, and 7. Restate the remaining provisions of the Existing Plan. Upon adoption of the Amendment, the Amended Redevelopment Plan for the Project ("Plan") will amend, supersede, and guide all future redevelopment activities, projects, and programs in the Project Area. However, the Amendment will not affect the Agency's outstanding obligations or indebtedness. Authorization for this Amendment The California Community Redevelopment Law, Health and Safety Code Sections 33000 et. ~ ("Law") provides redevelopment agencies with the authority to undertake revitalization efforts in blighted areas in the community. As dermed by the Law, redevelopment includes the rehabilitation, reconstruction, and improvement of existing structures; the provision of public improvements; and the replanning or redesign of blighted properties within a project area. The Law pennits redevelopment agencies to amend redevelopment plans, subject to the preparation of documents by the agency to substantiate the need for such an amendment, the convening of an agency/city council public hearing, and the consideration and adoption of an amending ordinance by the city council. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 ii Co - t¡"¡' Bayfront Amendment No.5 - Preliminary Repol1 -- This is the Preliminary Report for the Amendment ("Preliminary Report"), which outlines the reasons for the Amendment, and details the Agency's proposed redevelopment program to be implemented through the Plan. Upon the completion of this Preliminary Report, as well as the Draft Environmental Impact Report, Amended Relocation Plan, and Draft Amendment, the Agency will initiate discussions with the affected taxing entities, the Planning Commission, and the community-at-Iarge as to the scope and nature of the proposed Amendment. Following these discussions, the Agency will incorporate this input into the Report to Council and Final Environmental Impact Report. These documents will be used to substantiate and document the Amendment, which is scheduled to be considered by the City Council after a noticed Agency/City Council public hearing tentatively scheduled for June 1998. This Preliminary Report has been divided into the following sections: SECTION A. The Reasons for the Amendment. SECTION B. A Description of the Physical and Economic Conditions Existing in the Project Area. SECTION C. A Determination as to Whether the Project Area is Predominantly Urbanized. SECTION D. A Preliminary Assessment of the Proposed Method of Financing, Including the Economic Feasibility and the Reasons for the Division of Tax Increment. SECTION E. A Description of the Projects Proposed by the Agency. SECTION F. A Description of How the Proposed Projects Will Improve and Alleviate Blighting Conditions. Rosenow Spevacek Group, Inc. Chula VIsta Redevelopment Agency April, 1998 iü C - q ray/rant Amendment No.5 - Preliminary Report _. . - --" SECTION A The Reasons for the Amendment This section of the Preliminary Report describes the Project Area, highlights the Agency's redevelopment activities to date, and outlines the reasons for the proposed Amendment. General Characteristics Geographic Location The Project Area is located in the City of Chula Vista ("City"), San Diego County, California. Situated along the San Diego Bay in southwestern San Diego County, the City is adjoined by the City of National City to the north, the City of San Diego to the south, the San Diego Bay to the west, and unincorporated San Diego County to the east. The City was incorporated in 1911 and is approximately 32,066 acres in size. The Existing Area is located on the west side of the City, and is generally bounded by Interstate 5 to the east, the City limits to the north, and L Street on the south, and the San Diego Bay and Port District tidelands to the west. The Existing Area is 637 acres in size, and constitutes approximately 2.0% of the total area of the City. The primary existing land uses within the Existing Area are industrial and commercial. As proposed, the Added Area would incorporate the Port District properties and fully extend the Project Area boundaries to the San Diego Bay. The Added Area is bounded by the Existing Area to the east and north, the San Diego Bay to the south, and the Combined U.S. Pierhead and Bulkhead Line to the west. The Added Area encompasses approximately 398 acres, or 1.2% of the City. If the Amended Plan is adopted, the Project Area would be comprised of both the Existing and the Added Areas, and would total approximately 1,035 acres. Rosenow Spevacek Group, Inc. Chula VISta Redevelopment Agency April, 1998 A-I Bayfront Amendment No.5 - Preliminary Repol1 c.-9~ -. -. ~ NORTH EXHIBIT A-1 .- Bayfrc;mt Redevelopment Project Area Map ,¿.~ l-Ji,_,IìI...,.~. ~~;? :-.".,'~ 1L..=l¡"Jilll >i;'!I' n- .,. ROSENOW SPEë..:.q'1 GROUP INC. -- The boundaries of the Project Area, including separate designations for both the Existing and Added Areas, are depicted on Exhibit A-I. Reasons for the Selection of the Existing Area According to the Original Plan, redevelopment of the Existing Area was necessary to address the following problems: . The danger to the quality and quantity of the marine life due to uncontrolled development of a project area which contains such unique features as salt marshes and endangered wildlife species. . The decline in coastal environment, including recreation and aesthetic values, due to the uninterrupted water-related general industrial development in the South Bay area. Development of this nature is obviously contra-indicated due to the lack of deep water access. . The desire to create a modern urban commerciaVrecreational center for the City of Chula Vista where a range of activity from housing to recreation could take place and where a living and working environmental could exist for the use and enjoyment of the general public. . The existence of soil and groundwater contamination from hazardous materials that have depreciated property values and impaired investments and that can only be economically remediated through the use of redevelopment powers. . The substantial existence of environmentally sensitive and degraded wetlands which require extraordinary land dedication, restoration, and long-tenn mitigation monitoring, all of which create a substantial burden on the economic use of the properties and result in depreciated values and impaired investments. . The lack of public improvements and utilities, which combined with the blighting conditions listed above, creates a serious physical and economic burden on Chula Vista which cannot be alleviated practically by government or private activity without redevelopment powers. Agency's Accomplishments Within the Existing Area Since adoption of the Existing Plan in 1974, the Agency has worked to alleviate certain of these conditions through the following efforts; Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 A-2 jaYfront Amendment No.5 - Preliminary Report C. -"1 - . , - . Prepared a Mid-bayfront Development Plan in conjunction with the landowner/developer and regulatory agencies. . Prepared and processed Local Coastal Plan through the California Coastal Commission and received certification in February 1993, The plan includes all of the City's coastal properties, including the Existing Area. . Planned and constructed the Nature Interpretive Center in cooperation with the Bayfront Conservancy Trust. . Acquired and cleared properties for redevelopment along Bay Boulevard, north and south of F Street. . Successfully relocated auto wrecking businesses from the Existing Area. . Acquired property for the reconfiguration of the Caltrans 1-5 southbound off-ramp which has been completed along with the widening ofE Street, west on-5, . Completed the following redevelopment projects: >- Anthony's Restaurant >- Days Inn >- El Torito Restaurant >- Rohr Admin. Office Building >- Marina Gateway Industrial Project >- Soup Exchange >- Nature Interpretive Center Due to limitations of the Existing Plan, however, the Agency will not be able to adequately mitigate many remaining blighting conditions in the Existing Area. These limitations jeopardize the Agency's ability to continue redevelopment projects, programs, and activities in the Existing Area. In part, the Amendment will enable the Agency to continue with the redevelopment program in the Existing Area by modifying the Existing Plan's limits. Reasons for the Amendment The Amendment would adjust the Existing Plan as necessary to correct blight in the Existing Area, while incorporating the Added Area to facilitate redevelopment of Port District tidelands. These proposed amendments are described below: Rosenow Spevacek Group, Inc. Chula VISta Redevelopment Agency April, 1998 A-t. Bayfront Amendment No.5- Preliminary Repol1 -;..e qq - - Existing Area . Establish a new 12-year time period to commence eminent domain activities: The Existing Plan's time limit to commence eminent domain proceedings will expire on May 22, 1998. Since the Original Plan was adopted in 1976, the Agency has had the ability to acquire property by eminent domain. Although it has been sparingly used, eminent domain authority has been a necessary adjunct to land acquisition negotiations. In order for the Agency to continue to effectively implement projects involving land assembly, an extension on the time limit on eminent domain authority will be necessary. The Amendment would establish a new 12-year time frame within which the Agency may employ, as a last resort, eminent domain in the Existing Area to acquire property to implement the Plan. . Extend time frame to incur debt from July 1999 to January 2004; The Existing Plan prohibits the Agency from incurring debt after July 16, 1999. After this deadline has been reached, the Agency may only collect tax increment revenue to payoff preexisting indebtedness. Incurring additional debt will be necessary to initiate any new redevelopment projects or programs funded from future tax increment revenues. Under Subsection 33333.6(a) of the Law, the Plan's time limit on incurring debt may be the later of 20 years after adoption of the Original Plan (or July 16, 1994), or January 1,2004. The Amendment would extend the Existing Plan's time limit on incurring Existing Area debt to January I, 2004, as prescribed by Subsection 33333.6(a) of the Law. . Extend effectiveness of Existing Plan from July 1999 to July 2014; The Existing Plan's 25- year duration that is less than the 40-year duration pennitted by Subsection 33333.6(b) of the Law. Under the Existing Plan, with the exception of collecting tax increment and repaying indebtedness, all redevelopment activities, including enforcement of land use controls and completion ofprojects, must cease by July 1999. Extending the Existing Plan's effectiveness will enable the Agency to continue an active redevelopment program in the Existing Area for an additional 15 years, as pennitted by Law. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency Aprü, 1998 A-4 Bayfront Amendment No.5 - Preliminary Repol1 C-(O(J . Extend time period to collect tax increment revenue from July 2011 to July 2024: Subsection 33333.6(c) of the Law provides that redevelopment agencies may collect tax increment revenue for 10 years after a redevelopment plan's effectiveness has expired. In conjunction with the proposed Amendment's extension of the effectiveness of the Existing Plan to July 2014, the Amendment would also extend the time limit on the collection of tax increment revenue to ten years beyond the July 2016 effectiveness limit, or to July 2024. . Update Statement of Basic Objectives, General Land Use Plan, and Controls for Consistency; The Existing Plan features land use provisions and redevelopment actions that are inconsistent with the City's land use policy documents, such as the General Plan, Zoning Ordinance (Title 19 of the Chula Vista Municipal Code), the Local Coastal Program, and the Port District's Master Plan. Because the City and Port District use these aforementioned documents to set and guide land use policy in the Project Area, it is important that the Plan also reflect these policies. In order to better respond to the redevelopment needs more effectively, the Amendment would replace the Existing Plan's Statement of Basic Objectives, General Land Use Plan, and Controls with language that incorporates the City's and Port District's land use documents, as they now exist, or are hereafter amended. Added Area To facilitate the redevelopment of Port District tidelands, the Amendment would also increase the size of the Project Area by approximately 398 acres by incorporating the Added Area. The redevelopment is necessary in the Added Area to mitigate a variety of physical and economic conditions that have contributed to the lack of proper utilization of Port District tidelands in Chula Vista relative to other tidelands in National City, San Diego, and Coronado. These physical and economic conditions include; excessive vacant lots, low lease rates, adequate public infrastructure, incompatible uses, and suspected hazardous contamination. (These conditions are more thoroughly described in Section B of this Preliminary Report.) The Plan would pennit the Agency to embark on a comprehensive redevelopment program in the Added Area by mitigating these conditions to facilitate viable redevelopment activities. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 A-S Bayfront Amendment No.5- Preliminary Repol1 C-(O,J- SECTION B A Description of the Physical and Economic Blighting Conditions Existing in the Project Area This section identifies and describes the physical and economic conditions in the Project Area. Definition of Blight The Law defines the physical and economic blight that must be pervasive in a redevelopment project area. Pursuant to Section 33030 of the Law, properties in a redevelopment project area must exhibit both physical and economic blight, which is summarized below; Physical blight includes the following; 1. Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. 2. Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. 3. Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of a project area. 4. The existence of subdivided lots of irregular fonn and shape and inadequate size for proper usefulness and development that are in multiple ownership. Economic blight includes the following: 1. Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes. 2. Abnormally high business vacancies, abnonnally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities. 3. A lack of necessary commercial facilities that are nonnally found in neighborhoods, including grocery stores, drug stores, and banks and other lending institutions. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 B-1 Bayfront Amendment No.5 - Preliminary Repol1 C - (O~ -. 4. Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults, that has led to problems of public safety and welfare. 5. A high crime rate that constitutes a serious threat to the public safety and welfare. The Law also characterizes other conditions such as inadequate public improvements as blight when other blighting conditions are present; more specifically, Section 33030(c) of the Law provides as follows: A blighted area also may be one that contains the (physical) conditions described in subdivision (b) and is, in addition, characterized by the existence of inadequate public improvements, parking facilities, or utilities. Existing Area For the Existing Area, the blighting conditions that were present when the Original Plan was considered in 1974 are delineated in the Original Plan. In general, the Agency concluded that the Project Area was plagued by serious physical and economic conditions that could not be reversed without redevelopment. These conditions included the following; . The existence of soil and groundwater contamination from hazardous materials that have depreciated property values and impaired investments and that can only be economically remediated through the use of redevelopment powers. . The substantial existence of environmentally sensitive and degraded wetlands which require extraordinary land dedication, restoration, and long-tenn mitigation monitoring, all of which create a substantial burden on the economic use of the properties and result in depreciated values and impaired investments. . The lack of public improvements and utilities, which combined with the blighting conditions listed above, creates a serious physical and economic burden on Chula Vista which cannot be alleviated practically by government or private activity without redevelopment powers. The Law requires a reevaluation of the blighting conditions only if an agency proposes to amend a redevelopment plan by either extending the time limit to incur debt beyond January 1,2004, or increase the tax increment limit. Because the proposed Amendment neither would extend time limitations beyond January I, 2004, nor increase the Existing Plan's, $210.0 million limitation on the number of dollars to be allocated to the Agency on behalf of the Project, a reevaluation of blight in the Existing Area is not necessary or required for the proposed Amendment. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency Aprü, 1998 B-2e. - ,,;;¡,!iõ 3mendment No.5 - Preliminary Repol1 -. . - Added Area Redevelopment is needed in the Added Area to remove physical and economic impediments and facilitate economically viable development of tidelands properties in the Chula Vista Bayfront. Added Area vacant tidelands have been available for development since the Port District was established as the custodian of County tidelands in 1962. Over this time period, none of these properties have developed, making Chula Vista the most underutilized territory of the Port' District (Table B-1 below identifies the disposition of industrial tidelands). As of March 1998, 50.66 acres, or 41.6%, of the industrial and commercial land in the Added Area are undeveloped. 1:fã'Jmrn 1 :mram""'11 1I"..I:.IFm'!r"'II'"'" imm (":II:I:1!Ií1 Acres of Available Industrial Tidelands Location Total Available Pending Percent Acreage Acreage Acreage Leased Added Area (Chula Vista) 112.8 35.1 - 68.9% Shelter Island nia Harbor Island 163.7 100,0% Centre City Embarcadero 53.9 1,4 97.4% 10th Avenue Marine Terminal 230,8 12.4 94.6% Nationai City 210.1 33,2 19.4 84,2% Coronado nia Silver Strand nla South Bay I Imperial Beach nla Totals 771.3 82.1 19.4 89.4% (excludes 416.3 acres at Lindberg Field) Source: San Diego Unified Port District, Industrial Land Demand and Absorption Update Report (March 1995); Updated by RSG in March 1998 Note: At the time this survey was originally prepared (March 1995), 112,8 of the 121.67 acres of land in the Added Area was designated for Industrial use. Rosenow Spevacek Group, Inc. Chula VISta Redevelopment Agency April, 1998 B-3 Bayfront Amendment No.5 - Preliminary Report ( C -~/øC¡ -. .. - To ascertain the causes of this lack of proper utilization in the Added Area, RSG consulted with over twenty-five different individuals ITom the Port District, City Community Development Department, Added Area property management companies, environmental agencies, and active commercial real estate companies between October 1997 and March 1998. Table B-2 identifies these individuals consulted. Bayfront Redevelopment Plan Amendment TABLE B-2 List of Individuals and Organizations Consulted Name Title Organization Jay Arnett Industrial Broker John Burnham & Co. Doug Hogan Retail Broker John Burnham & Co. Tom Martinez Industrial Broker CB Commercial Pam Buchan Principal Comm. Dev, Specialist Chula Vista Community Development Department Fred Kassman Redevelopment Coordinator Chula Vista Community Development Department Ronald McElliott Owner/Operator Chula VIsta Marina Ernie Esquibel File Review Clerk Co. of San Diego Department of Environmental Health Donn Lipeia Hazardous Mat. Specialist Co. of San Diego Department of Environmental Health Janet Ortiz Chief Haz. Mat. Mgt. Division Co. of San Diego Department of Environmental Health Stuart Keith Retail Broker Flocke & Avoyer Bennett Greenwald Local Developer Greenwald Company Joe Greeno Retail Broker Grubb &. Ellis Skip Amerine Integ. Waste Mgt. Specialist Integrated Waste Management Board Mike Gonzales Project Manager KEA Environmental Tamara Harris Environmental Analyst Morosco Newton, Inc, Charles Fredrick Asset Manager Port of San Diego Real Estate Operations Thomas Morgan Senior Director Port of San Diego Development Services John Reardon (Since Retired) Port of San Diego Real Estate Operations David Sandoval Senior Asset Manager Port of San Diego Real Estate Operations Karen Zachary Water Resource Control Engineer Region 9 Water Quality Control Board Craig Dues Retail Broker Retail Property Group Doug Skarr Supervising Haz. Subs, Scientist Toxic Substances Control/California EPA Ken Rydbrink Staff Programmer Analyst Toxic Substances Control/California EPA Art Blyer Industrial Broker Voit Commercial Brokerage Carol Julian Sanitary Engineering Assoc, Water Resources Control Board Steve Mizera Information Systems Specialist Water Resources Control Board Among these knowledgeable individuals, the general consensus was that a combination of market. physical. and economic factors have caused the stagnant condition of the Added Area. Market conditions include poor demand for retail and industrial properties throughout Southern California during the early to mid-1990's, and stale Port District land use policies that encouraged the construction of aviation and maritime industrial related uses which are not Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency Apri/,1998 B-4 Bayfront Amendment No.5 - Preliminary Report c-~ lOr _.. generally considered viable today in the Added Area. However, these market factors have affected the Added Area and other Port District's properties equally and do not alone explain why the lack of utilization in the Added Area is more acute. Beyond these market-sensitive factors are additional factors that have impacted the long-tenn neglect for the Added Area. These long-tenn factors include physical and economic conditions that have hindered development both in good and bad economic periods. These conditions have not only inhibited development of Added Area properties, but have secondarily become a liability on the Port District's $10 million investment in the Chula Vista Marina. Blighting Conditions Present in Added Area The following physical and economic conditions are found in the Added Area (the correlating sections of the Law are noted in parentheses); . Impaired investments due to suspected hazardous contamination in the Added Area (Section 33031(b)(I»; . Excessive vacant lots (Section 33031 (b )(2); . Land use incompatibilities caused by existing industrial uses (Section 3303 I (a)(3)); . Inadequate circulation (Section 33030(c»; . Abnonnally low commercial lease rates discouraging new development (Section 3303 I (b)(2)); and . Factors substantially hindering the economically viable use of Added Area properties (Section 3303 1 (a)(2»). Sections 33030 and 33031 of the Law enumerate each of these six physical and economic conditions as causes of blight. With the Amendment, the Agency may embark on a coordinated redevelopment program to alleviate blighting conditions in the Added Area. This section of the Preliminary Report analyzes these physical and economic conditions in the Added Area. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 B-5 Bayfront Amendment No.5- Preliminary Repol1 C -~ I~ -- . ImDaired Investments/Suspected Hazardous Contamination. While no extensive soils or groundwater tests have yet been conducted in the Added Area (or, if such tests have been conducted by private parties with access to the Added Area, the results have not been made public), there is universal concern among Port District and City staff over the presence of hazardous contamination in the Added Area. In large part, this concern stems from the long- term transportation, use, generation, and storage of hazardous materials at the B.F. Goodrich manufacturing facility on Marina Parkway. As a 4S-year old manufacturer of aircraft nacelles, the presence of toxic contamination at the B.F. Goodrich property is likely. According to the Final Environmental Impact Report for the Chula Vista Business Park Expansion and Port Master Plan Amendment (September 1997) prepared by KEA Environmental, the B.F. Goodrich (formerly Rohr Industries) facility".. . has underground (storage) tanks, which have been reported as leaking, and above-ground storage tanks. Rohr (B.F. Goodrich) also has reported releases of oil and hazardous substances." (The Regional Office of the State Water Quality Control Board has 6 cases ofleaking underground tanks, while the County Department of Environmental Health reports that there have been 9 unauthorized releases at the B.F. Goodrich property.) The Master Plan FEIR concludes that "Based on known evidence, there is potential for significant impacts (emphasis added) to the soil and groundwater resulting from the transportation, utilization, generation, and storage of hazardous materials bY,Rohr Industries, Inc." Potential hazardous contamination impacts include many adverse outcomes, including neurological damage, birth defects, and cancer. On March 26, 1998, the State Water Resources Control Board issued B.F. Goodrich a "Cleanup and Abatement Order" (CAO 98-08). The CAO indicated that B.F. Goodrich (Rohr) has discharged chlorinated solvents, metals, and fuel hydrocarbons to soil and ground water in multiple locations and metals into the storm water conveyance system serving the site. Other wastes associated with metal melting, metal casting, metal parts fabrication, degreasing, cleaning, anodizing, plating, chemical milling, conversion coaring, painting, and sludge treatment/recycling activities may have been discharged. Discharges of waste from the storm water conveyance system, whether from within the system or infiltrative, are Rosenow Spevacek Group, Inc. Chuta Vista Redevelopment Agency April, 1998 B-6 Bayfront Amendment No.5 - Preliminary Report C -/~ 10-, -. . - carried to San Diego Bay by daily tidal flux and storm water. Discharges of waste from Rohr have caused an exceedance of water quality objectives in ground water and surface water." The CAD outlined a series of comprehensive directives to B.F. Goodrich to cleanup the waste and the effects of the discharges. these directives include: . Providing a statewide environmental assessment; . Conducting comprehensive storm water runoff sampling; . Conducting a comprehensive storm water conveyance system investigation; . Performing statewide data compilation and evaluation; and . Interim remedial actions as necessary to abate or con-ect the effects of the discharge and/or to mitigate emergency situations. Depending upon the nature of hazardous contamination at the B.F. Goodrich site, the affected area may extend to adjoining Added Area parcels. Mitigation measures contained in the Master Plan FEIR include "evaluation of possible soil and groundwater contamination...on the drainage channel adjacent to all storm water culverts and discharge pipes" prior to the development of the 14.99-acre parcel south of the B.F. Goodrich facility. Seven of the nine vacant parcels (nearly half of the total number of parcels in the Added Area) in the Added Area are between 9 and 1,500 feet of the B.F. Goodrich property. Both City Community Development and Port District real estate operations staffs agree that suspected hazardous contamination impairs investments and is among the primary reasons why developers have avoided pursuing projects in the Added Area, for fear that tests of the soils and water table would confirm the presence of hazardous contamination. Because costs of toxic contamination cleanup can be excessive, it is more desirable to pursue development projects outside the Added Area where hazardous contamination concerns are less acute. With redevelopment in the Added Area, the Agency and Port District may assist prospective developers with their efforts to remediate any hazardous contamination. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 B-7 Bayfront Amendment No.5- Preliminary Repol1 C -~'D! - . . Excessive Vacant Lots. The Added Area consists of 15 parcels, of which 9 (60%) are vacant. Exhibit B-1 depicts the location of the 9 vacant lots in the Added Area. As identified earlier on Table B-1, the proportion of vacant properties in the Added Area is excessive relative to other Port District tidelands. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 B-8 Bayfront Amendment No.5 - Preliminary Report C -~ lo"f -. , - Bayfront Redevelopment Plan Amendment EXHIBIT B-1 Vacant Parcels in Added Area æVACANT 2 VACANT 3 SOU'H BAv BOAT VARD 0 ROHR INDUSTRI($ 0 VACANT ~ VACANT , VACANT ø VAlLE DORADO ~ VACANT 10 VACAHT 9 CHULA ."STA RV PARK ~ CHULA "'TA MARtNA 12 CAUFORN.. VAtNT "ARINA ~ VACAN' ,. VACANT @) W AND J. HAKES e ~ SAN DIEGO BAY ~ Rosenow Spevacek Group, Inc. Chula VISta Redevelopment Agency April, 1998 8-9 Bayfront Amendment No.5 - Preliminary Repol1 C - ¡,.;..f 110 -. .. - While all 9 lots are within an area developed for an urban use, subdivided, and serviced by roads and utilities, there has been virtually no development interest in developing these lots for four decades. In fact, since the early 1980's, the only development that has occurred in the Added Area directly resulted from three Port District-initiated public projects CChula Vista marina, Bayside Park, and Chula Vista Bayfront Park). This history suggests that continued public participation will be necessary to facilitate buildout of the Added Area. Adoption of the Amendment pennits the Agency to become proactive in pursuing development of the Added Area. The Plan encourages the Agency to execute development and disposition agreements to coordinate development projects, assist with off-site improvements, and engage in other economic development activities. . Land Use IncomDatibilities. Discussions with the CitylPort District staff and real estate brokers suggests that the physical condition of the B.F. Goodrich facility discourages the development of industrial and commercial recreational uses to complement the adjoining marina facility along Marina Parkway. The 197,000 square foot B.F. Goodrich facility consists of32 buildings which were constructed over 45 years ago. Because of the facility's older design and lack of visual buffers, this property is unsightly and presents incompatibilities with prospective development in the Added Area. The following Exhibits B-2 through B-5 are a series of photographs of the B.F. Goodrich facility taken in March 1998. These photographs show a lack of landscaping or other visual buffers to surrounding properties in the area. According to local brokers active in the area, the physical condition of .the B.F. Goodrich property negatively impacts delivery and user interest and lease rates in the Added Area, as discussed later in this section. As a result, while the B.F. Goodrich facility is certainly an economic asset to the City and South Bay region in the fonn of significant jobs, the physically unattractive condition of the facility conflicts with potential development of uses to complement the Chula Vista marina. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 B-IO Bayfront Amendment No.5 - Preliminary Repol1 C -~ III -. .. - B.F. Goodrich Property, as viewed from "J" Street looking north. This photograph depicts older, deteriorating structures immediately adjacent to a vacant commercial recreational lot. The physical condition and appearance of these and other B.F. Goodrich buildings discourage development of commercial uses to complement the nearby Chula Vista Marina B.F. Goodrich Property, as viewed from the Chula Vista Marina. This photograph shows open storage of equipment and corroded metal structures. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April. 1998 B~l~ Î,;::t Amendment No.5 - Preliminary Repol1 -- B.F. Goodrich Property, looking east from Marina Parkway. This photograph shows obsolete corrugated metal structures and rusted manufacturing facil~ies. South Bay Boatyard, as viewed from the south from "G" Street. Like the B.F. Goodrich property, this property contains older, damaged, and deteriorating metal structures that are clearly visible from vacant lots. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 ß-12 Bayfront Amendment No.5 - Preliminary Report ~ -HJ1 Ita -. .. - The Agency may use redevelopment to assist property owners with improvements to buffer or otherwise mitigate the negative impacts of the B.F. Goodrich facility. . Inadequate Circulation. The Added Area is constrained by poor east-west vehicular access that prohibits convenient local and regional access to the retail, recreational, and industrial uses in the Added Area. According to the "H" Street Extension Feasibility Studv (July 1997) conducted by Boyle Engineering Corporation, extension of"H" Street from its terminus at the east side of the B.F. Goodrich property to Marina Parkway could substantially improve pedestrian, automobile, and mass transit access to the greater Bayfront Area. However, according to City and Port District staff, the extension of"H" Street is both an expensive and extensive endeavor. First, preliminary costs estimates exceed $6.8 million, nearly six times the City's average cost per mile on other road construction projects. Second, in order to construct the extension, approximately 10 structures of the B.F. Goodrich facility may need to be relocated or significantly altered because they are within the preferred alignment of the "H" Street extension. The preliminary relocation cost estimate are at least $915,000 Not included in the project cost estimate are expenditures which may be necessary to clean up hazardous contamination discovered in the course of relocating the structures off the roadway alignment. These remediation costs could add hundreds, thousands, or millions of dollars to the total project cost. The extent, nature, and remediation costs of any hazardous contamination are unknown at this time because no tests have yet been conducted. According to the Port District's ten-year capital improvement program for the period beginning in the year 1998 and ending in 2007, the Port District only proposes to fund further study of this project in the next ten years. No Port District funding has been budgeted to meet the costs associated with the construction of the extension project. Also, the City does not have the capital improvement resources available to fund the "H" Street extension without the inclusion of the Added Area into the Project Area. By extending the Project Area into the Added Area, the Agency will have additional financial resources which may be pledged to the H Street extension project. Funding this Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 B-13 Bayfront Amendment No.5 - Preliminary Repol1 c.-~ Iff - - project will be critical to the overall viability of both existing and future development in the entire Bayfront area. . Low Lease Rates. In March 1998, RSG conducted a survey of real estate professionals actively marketing properties either within or in the general vicinity of the Added Area. The purpose of this survey was to evaluate current lease rates for various types of commercial space permitted in the Added Area. Three categories of commercial lease rates were analyzed; (I) multitenant industrial, (2) research and development industrial, and (3) retail/entertainment center. The results of the telephone survey are indicated on Table B-3 below. Bayfront Redevelopment Plan Amendment TABLE B-3 Broker's Opinions of Potential Added Area Lease Rates Product Type Added Area Comparable Rents Rents Multi Tenant Industrial $ 0,35 $ 0.53 Research and Development $ 0.55 $ 0,67 Retail I Entertainment Center $ 1,35 $ 1.50 Source: RSG telephone survey; March 1998 Notes: Rents expressed in dollars per square foot per month, triple net Comparable Rents for industrial and R & D properties based on South Bay rent levels reported by Grubb and Ellis for the South Bay, fourth quarter 1997; Comparable Rents for Retail I Entertainment Centers based on telephone interviews with South Bay retail brokers In the opinion of the brokers consulted, the lease rates indicated in Table B-3 are reflective of the market's somewhat depreciated view of the Added Area. Other comparable locations have rents as much as 50% higher than the Added Area. Low lease rates are a result of many of the physical and economic conditions present in the Added Area and are too low to support commercial development. To demonstrate this, RSG developed a series of residual land value analyses for the 7 vacant parcels most acutely impacted by Added Area development impediments. The residual land value analysis Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,I998 B-14 BayfrontAmendment No.5- Preliminary Repol1 c.-~ ,tS*' - . , - technique is commonly used by developers and real estate investors to gauge whether the total value of a project (based upon its anticipated rental income levels) exceeds the costs of land acquisition and development and is, therefore, considered viable. (The basic premise of profitable land development is that improvement increases the underlying value of the land.) In the event that a project's rent levels do not yield a value that exceeds land and development costs, development of such property is not considered feasible. Tables B-4(a) through B-4(g) present the results ofRSG's residual land value analysis for each of the 7 sites. The assumptions used in the residual analysis were derived fÌ'om consultations fÌ'om local real estate professionals, and City and Port District planning staff. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency Aprü, 1998 B-15 Bayfront Amendment No.5- Preliminary Report è. - /'r7 "(,, - . Bayfrant Redevelopment Plan Amendment TABLE B-4(a) Added Area Residual Land Value Analysis Site 1 (Parcel 1) PROJECT DESCRIPTION G St / Marina Pkwy Site Area Square Feet 72,736 Site Area Acres 1.67 Hypothetical Use Single Story/Multi Tenant Industrial Master Plan Designation Marine-Related Industrial Lot Coverage 0.40 Gross Building Area (GSF) 29,094 Net Building Area 29,094 On Site Landscaping, Parking & Loading Area 43,642 RESIDUAL LAND VALUE Assumptions Totals $ Per GSF Development Costs Direct Construction $25/gs1 $ 727,360 $ 25.00 Tenant Improvements (T.I.'s) $7/gs1 203,661 7.00 On-Site Improvements $2. 15/s1 93,829 3.23 Off-Site Improvements $0.25/s1 18,184 0,63 Indirect Costs (including Financing) $14,75/gs1 429,142 14.75 Total Development Costs Excluding Land $ 1,472,177 $ 50,60 Capitalized Project Value Gross Scheduled Rents $0.35/s1 (nnn) $ 122,196 $ 4.20 (Less) Vacancy and Bad Debt 7,50% (9,165) (0,32) Effective Gross Income (EGI) $ 113,032 $ 3.89 (Less) Operating Expenses Management Expense & Fees 3.00% EGI $ (3,391) $ (0,12) Reserves $0.15/s1 (10,910) (0,38) Total Operating Expenses (14,301) (0.49) Net Operating Income (NOI) $ 98,730 $ 3.39 Capitalized Project Value 10% CAP Rate $ 987,304 $ 33,93 (Less) Cost 01 Saie 3% Value (29,619) (1,02) (Less) Developer Profit 10% Value (98,730) (3,39) Total Warranted Investment 858,954 29,52 (Less) Development Costs $ (1,472,177) $ (50,60) Residual Warranted Investment $ (613,222) $ (21,08) Residual Value per SF Land $ (8.43) Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 8-16 Bayfront Amendment No.5 - Preliminary Repol1 C. -~ "7 - . Bayfront Redevelopment Plan Amendment TABLE B-4(b) Added Area Residual Land Value Analysis Site 2 (Parcel 2) PROJECT DESCRIPTION G St / Marina Pkwy Site Area Square Feet 201,439 Site Area Acres 4.62 Hypothetical Use Single Story/Multi Tenant Industrial Master Plan Designation Marine-Related Industrial Lot Coverage 0.40 Gross Building Area (GSF) 80,576 Net Building Area 80,576 On Site Landscaping, Parking & Loading Area 120,863 RESIDUAL LAND VALUE Assumptions Totals $ Per GSF Development Costs Direct Construction $25/gsf $ 2,014,390 $ 25,00 Tenant Improvements (T,I.'s) $7/gsf 564,029 7.00 On-Site Improvements $2.15/sf 259,856 3,23 Off-Site Improvements $O,25/sf 50,360 0,63 Indirect Costs (including Financing) $14,75/sf 1,188,490 14,75 Total Development Costs Excluding Land $ 4,077,125 $ 50,60 Capitalized Project Value Gross Scheduled Rents $0.35/sf (nnn) $ 338,418 $ 4.20 (Less) Vacancy and Bad Debt 7.50% (25,381) (0,32) Effective Gross Income (EGI) $ 313,036 $ 3,89 (Less) Operating Expenses Management Expense & Fees 3,00% EGI $ (9,391) $ (0.12) Reserves $0.15/sf (30,216) (0.38) Total Operating Expenses (39,607) (0.49) Net Operating Income (NOI) $ 273,429 $ 3,39 Capitalized Project Value 10% CAP Rate $ 2,734,293 $ 33,93 (Less) Cost of Sale 3% Value (82,029) (1,02) (Less) Developer Profit 10% Value (273,429) (3.39) Total Warranted Investment 2,378,835 29.52 (Less) Development Costs $ (4,077,125) $ (50,60) Residual Warranted Investment $ (1,698,291) $ (21,08) Residual Value per SF Land $ (8,43) Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 B-17 Bayfront Amendment No.5- Preliminary Report C. - ,.,., "' - - Bayfront Redevelopment Plan Amendment TABLE B-4(c) Added Area Residual Land Value Analysis Site 3 (Parcel 5) PROJECT DESCRIPTION Marina Pkwy Site Area Square Feet 652,819 Site Area Acres 14.99 Hypothetical Use Retail/ Entertainment Center Master Plan Designation Industrial Business Park Lot Coverage 0.23 Gross Building Area (GSF) 150,148 Net Building Area 150,148 On Site Landscaping, Parking & Loading Area 502,671 RESIDUAL LAND VALUE Assumptions Totals $ Per GSF Development Costs Direct Construction $60/gsf $ 9,008,902 $ 60.00 Tenant Improvements (T.I.'s) $13/gsf 1,951,929 13.00 On-Site Improvements $4/sf 2,010,683 13.39 Off-Site Improvements $0.75/sf 489,614 3.26 Indirect Costs (including Financing) $30/sf 4,504,451 30,00 Total Development Costs Excluding Land $ 17,965,579 $ 119.65 Capitalized Project Value Gross Scheduled Rents $1,35/sf (nnn) $ 2,432,404 $ 16,20 (Less) Vacancy and Bad Debt 8.00% (194,592) (1,30) Effective Gross Income (EGI) $ 2,237,811 $ 14,90 (Less) Operating Expenses Management Expense & Fees 3.00% EGI $ (67,134) $ (0.45) Reserves $O,15/sf (97,923) (0,65) Total Operating Expenses (165,057) (1,10) Net Operating Income (NOI) $ 2,072,754 $ 13,80 Capitalized Project Value 10% CAP Rate $ 20,727,541 $ 138.05 (Less) Cost of Sale 3% Value (621,826) (4,14) (Less) Developer Profit 10% Value (2,072,754) (13.80) Total Warranted Investment 18,032,961 120,10 (Less) Development Costs $ (17,965,579) $ (119,65) Residual Warranted Investment $ 67,382 $ 0.45 Residual Value per SF Land $ 0,10 Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 B-18 Bayfront Amendment No.5 - Preliminary Repol1 C. -+:w> "'I -. Bayfront Redevelopment Plan Amendment TABLE B-4(d) Added Area Residual Land Value Analysis Site 4 (Parcel 6) PROJECT DESCRIPTION G St / Marina Pkwy Site Area Square Feet 471,498 Site Area Acres 10.82 Hypothetical Use Single Story/Multi Tenant Industrial Master Plan Designation Industrial Business Park Lot Coverage 0.40 Gross Building Area (GSF) 188,599 Net Building Area 188,599 On Site Landscaping, Parking & Loading Area 282,899 RESIDUAL LAND VALUE Assumptions Totals $ Per GSF Development Costs Direct Construction $25/gsf $ 4,714,980 $ 25.00 Tenant Improvements (T.I.'s) $7/gsf 1,320,194 7,00 On-Site Improvements $2.15/sf 608,232 3.23 Off-Site Improvements $0.25/sf 117,875 0.63 Indirect Costs (including Financing) $14.75/sf 2,781,838 14,75 Total Development Costs Excluding Land $ 9,543,120 $ 50,60 Capitalized Project Value Gross Scheduled Rents $O,35/sf (nnn) $ 792,117 $ 4.20 (Less) Vacancy and Bad Debt 7.50% (59,409) (0,32) Effective Gross Income (EGI) $ 732,708 $ 3.89 (Less) Operating Expenses Management Expense & Fees 3,00% EGI $ (21,981) $ (0.12) Reserves $0.15/sf (70,725) (0,38) Total Operating Expenses (92,706) (0.49) Net Operating Income (NOI) $ 640,002 $ 3,39 Capitalized Project Value 10% CAP Rate $ 6,400,020 $ 33,93 (Less) Cost of Sale 3% Value (192,001) (1,02) (Less) Developer Profit 10% Value (640,002) (3,39) Total Warranted Investment 5,568,017 29,52 (Less) Development Costs $ (9,543,120) $ (50.60) Residual Warranted Investment $ (3,975,103) $ (21,08) Residual Value per SF Land $ (8.43) Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 B-19 Bay/ront Amendment No.5- Preliminary Report c.-~ 1f.fJ -. . - Baylront Redevelopment Plan Amendment TABLE B-4(e) Added Area Residual Land Value Analysis Site 5 (Parcel 7) PROJECT DESCRIPTION G St. / Sandpiper Way Site Area Square Feet 140,358 Site Area Acres 3,22 Hypothetical Use Single Story/Multi Tenant Industrial Master Plan Designation Industrial Business Park Lot Coverage 0.40 Gross Building Area (GSF) 56,143 Net Building Area 56,143 On Site Landscaping, Parking & Loading Area 84,215 RESIDUAL LAND VALUE Assumptions Totals $ Per GSF Development Costs Direct Construction $25/gs1 $ 1,403,580 $ 25,00 Tenant Improvements (TI.'s) $7/gs1 393,002 7.00 On-Site Improvements $2.15/s1 181,062 3.23 Off-Site Improvements $O,25/s1 35,090 0.63 Indirect Costs (including Financing) $14,75/s1 828,112 14.75 Total Development Costs Excluding Land $ 2,840,846 $ 50,60 Capitalized Project Value Gross Scheduled Rents $O,35/s1 (nnn) $ 235,801 $ 4.20 (Less) Vacancy and Bad Debt 7.50% (17,685) (0,32) Effective Gross Income (EGI) $ 218,116 $ 3,89 (Less) Operating Expenses Management Expense & Fees 3,00% EGI $ (6,543) $ (0.12) Reserves $0.15/s1 (21,054) (0,38) Total Operating Expenses (27,597) (0.49) Net Operating Income (NOl) $ 190,519 $ 3.39 Capitalized Project Value 10% CAP Rate $ 1,905,191 $ 33.93 (Less) Cost 01 Sale 3% Value (57,156) (1,02) (Less) Developer Profit 10% Value (190,519) (3.39) Total Warranted Investment 1,657,517 29,52 (Less) Development Costs $ (2,840,846) $ (50,60) Residual Warranted Investment $ (1,183,329) $ (21,08) Residual Value per SF Land $ (8.43) Rosenow Spevacek Group, Inc.. Chula Vista Redevelopment Agency April, 1998 B-20 Bay/ront Amendment No.5- Preliminary Repol1 C-~ IZ-¡ -. . - Baylront Redevelopment Plan Amendment TABLE B-4(I) Added Area Residual Land Value Analysis Site 6 (Parcel 9) PROJECT DESCRIPTION G St. / Sandpiper Way Site Area Square Feet 320,776 Site Area Acres 7,36 Hypothetical Use Two Story/R & D Industrial Tilt Up Master Plan Designation Industrial Business Park Lot Coverage 0.35 Gross Building Area (GSF) 112,272 Net Building Area 112,272 On Site Landscaping, Parking & Loading Area 208,504 RESIDUAL LAND VALUE Assumptions Totals $ Per GSF Development Costs Direct Construction $35/gs1 $ 3,929,506 $ 35.00 Tenant Improvements (T.J.'s) $15/gs1 1,684,074 15.00 On-Site Improvements $2,65/s1 552,537 4,92 Off-Site Improvements $0.25/s1 80,194 0,71 Indirect Costs (including Financing) $14.75/s1 1,656,006 14,75 Total Development Costs Excluding Land $ 7,902,317 $ 70.39 Capitalized Project Value Gross Scheduled Rents $O,55/s1 (nnn) $ 740,993 $ 6,60 (Less) Vacancy and Bad Debt 8,00% (59,279) (0.53) Effective Gross Income (EGI) $ 681,713 $ 6,07 (Less) Operating Expenses Management Expense & Fees 3,00% EGI $ (20,451) $ (0,18) Reserves $O,15/s1 (48,116) (0,43) Total Operating Expenses (68,568) (0.61) Net Operating Income (NOI) $ 613,145 $ 5.46 Capitalized Project Value 10% CAP Rate $ 6,131,454 $ 54,61 (Less) Cost 01 Sale 3% Value (183,944) (1.64) (Less) Developer Profit 10% Value (613,145) (5.46) Total Warranted Investment 5,334,365 47,51 (Less) Development Costs $ (7,902,317) $ (70,39) Residual Warranted Investment $ (2,567,952) $ (22,87) Residual Value per SF Land $ (8,01) Rosenow Spevacek Group, Inc. ChuÚl Vista Redevelopment Agency April, 1998 B-2! Bayfront Amendment No.5- Preliminary Repol1 C:~~IZ~ - . ..- Bayfront Redevelopment Plan Amendment TABLE B-4(g) Added Area Residual Land Value Analysis Site 7 (Parcel 10) PROJECT DESCRIPTION G St. / Quay Ave. Site Area Square Feet 84,847 Site Area Acres 1.95 Hypothetical Use Two Story/R & D Industrial Tilt Up Master Plan Designation Industrial Business Park Lot Coverage 0,35 Gross Building Area (GSF) 29,696 Net Building Area 29,696 On Site Landscaping, Parking & Loading Area 50,908 RESIDUAL LAND VALUE Assumptions Totals $ Per GSF Development Costs Direct Construction $35/gsf $ 1,039,376 $ 35,00 Tenant Improvements (T,J.'s) $15/gsf 445,447 15.00 On-Site Improvements $2.65/sf 134,907 4,54 Off-Site Improvements $O,25/sf 21,212 0,71 Indirect Costs (including Financing) $14.75/sf 438,023 14,75 Total Development Costs Excluding Land $ 2,078,964 $ 70,01 Capitalized Project Value Gross Scheduled Rents $0.55/sf (nnn) $ 195,997 $ 6.60 (Less) Vacancy and Bad Debt 8.00% (15,680) (0,53) Effective Gross Income (EGI) $ 180,317 $ 6.07 (Less) Operating Expenses Management Expense & Fees 3,00% EGI $ (5,410) $ (0.18) Reserves $O,15/sf (12,727) (0.43) Total Operating Expenses (18,137) (0.61) Net Operating Income (NOI) $ 162,180 $ 5.46 Capitalized Project Value 10% CAP Rate $ 1,621,803 $ 54.61 (Less) Cost of Sale 3% Value (48,654) (1,64) (Less) Developer Profit 10% Value (162,180) (5,46) Total Warranted Investment 1,410,969 47,51 (Less) Development Costs $ (2,078,964) $ (70,01) Residual Warranted Investment $ (667,995) $ (22.49) Residual Value per SF Land $ (7,87) Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 B-22 Bayfront Amendment No.5- Preliminary Report C-~ 123 - . ,- As indicated in the residual analyses, the warranted investment based upon the project's value at the current market rent levels is less than what a developer would have to pay to secure the land and construct the improvements. The residual values for the industrial and research and development projects are negative, meaning that development costs exceed the value of the completed project. For the retail/entertainment project (shown on Table B-4(c)) while the costs of development are $0.10 per square feet less than the project's value, this $0.10 margin is not sufficient to cover the current value of Port District land. (Based on recent site-specific appraisals, Port District real estate operations staff indicated that Added Area land is valued at $5.50 to $10.00 per square foot.) As a result, development at each of the 7 sites by private parties is not feasible given current market lease rates, and other impediments to development. Redevelopment in the Added Area could result in direct and indirect increases of below- market commercial lease rates. For example, the Agency could undertake improvements in the Added Area to enhance the marketability of vacant parcels. On a more project specific basis, the Agency could enter into development and disposition agreements to upgrade existing commercial properties, or encourage the development of higher quality projects. . Factors Hindering Economicallv Viable Use. The combination of the negative impacts of the B.F. Goodrich property, a lack of convenient vehicular access, low lease rates, and likely hazardous contamination hinder the viable development of Added Area properties. As indicated in the residual land value analysis presented earlier, development under the CUITent physical and economic conditions is not economically viable. Industrial and retail brokers indicated that many potential users are deteITed by these conditions, thus reducing the pool of potential development opportunities for the Added Area. With the inclusion of the Added Area into the Project Area, the Agency may address these barriers to viable development by constructing public improvements to improve access and the overall character of the Added Area, or by working with B.F. Goodrich to mitigate visual impacts to adjoining properties. Rosenow Spevacek Group, Inc. Chula VISta Redevelopment Agency April, 1998 B-23 Bayfront Amendment No.5 - Preliminary Repol1 ~-~Iz.C -- Conclusion To recap, Added Area properties suffer from factors that hinder their economically viable use, low lease rates, inadequate circulation, land use incompatibilities, excessive vacant lots, and suspected hazardous contamination. These physical and economic conditions are consistent with the Law's definition of blight. Redevelopment of the Added Area can alleviate these conditions through the dedication of new community development and economic resources currently not available to property owners, developers, the City, or the Port District. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 B-24 Bayfront Amendment No.5 - Preliminary Repol1 (!-~/2> -. , - SECTION C A Determination as to Whether the Project Area is Predominantly Urbanized For all redevelopment project areas established after January I, 1984 or areas added to project areas after January I, 1984, Section 33320.1 of the Law requires that such areas be "predominantly urbanized" meaning that not less than 80 percent of the land (emphasis added) in the project area; . Has been or is developed for urban uses; or . Is characterized by the existence of subdivided lots of irregular fonn and shape and inadequate size for proper usefulness and development that are in multiple ownership, or . Is an integral part of one or more areas developed for urban uses which are surrounded or substantially surrounded by parcels which have been or are developed for urban uses. Since the Existing Area was established in 1974 (before the urbanization statute took effect), the Existing Area is not subjected to this urbanization test. As territory proposed to be added to the Project Area, the Added Area is required to meet the urbanization test. The Added Area is 397.6 acres in size, consisting of 121.67 acres of land and 275.93 acres of water (San Diego Bay). Pursuant to Section 33320.1 of the Law, not less than 80% of the 121.67 acres (or not less than 97.34 acres) of Added Area land must be urbanized in that they fall into one of the three categories outlined above. Table C-l accounts for the urbanization of the Added Area. A total of 102.84 acres, or 84.5% of the land area, is urbanized. Urbanized areas include 71.01 acres which are currently developed, 0 acres of irregular lots, and 31.83 acres which are an integral part of an urban area in that they are surrounded by developed parcels on three or more sides. Exhibit C-! graphically depicts the location of urbanized and nonurbanized parcels in the Added Area. Rosenow Spt!Vacek Group, Inc. Chula VISta Redt!Velopment Agency April, 1998 C-l Bayfront Amendment No.5- Preliminary Repol1 C~/ZG, - . . - Bayfront Redevelopment Plan Amendment TABLE C-1 Urbanization Matrix Urbanization Category Parcel(s} Without San Diego (See Exh. C-1) Bay Acres Pctg, Urbanized Developed 3,4,8,11a,11b,12,15 71,01 58.4% Irregular Lots nla - 0.0% Integral Part of Urban Area 5,6,13,14 31.83 26.2% 102.84 I 84.5% Nonurbanized Agricultural Use niB - 0.0% Other Vacant 1,2,7,9,10 18.83 15.5% 18.83 15.5% Totals 121.67 100.0% Source: RSG Field Survey, January 1998 Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 C-2 Bayfront Amendment No.5 - Preliminary Repol1 C-~ 127 Bayfront Redevelopment Plan Amendment EXHIBIT C-1 Urbanization Map r"' 2 VACANT J SOUT>< BAY BOAT YARD . RON' INDUSTR'ES 0 VACANT ø VACANT 0 VACANT ø YALLE DORADO ~ VACANT 1a VACANT G CNU"" 'I1STA RV PARK e CHULA ~STA WARINA €> CAUTORNIA YACHT "ARINA @ VACANr @ VACANT - '.' @ w. AND J. HAKES e Legend ii Develop,," Property Vacaot Urbanized -:c-c Vacao! Naourb.nlled z ~ SAN DIEGO BAY ~ C-~/Zfj -. SECTION D A Preliminary Assessment of the Proposed Method of Financing, Including the Economic Feasibility and the Reasons for the Division of Tax Increment General Financing Methods Available to the Agency Redevelopment of the Project Area is proposed to be financed with a combination of a variety of resources, including: 8 Financial assistance from the City, County, State of California and/or Federal Government; 8 Tax increment revenue; 8 Bonded debt; 8 Proceeds fÌ'om lease or sale of Agency-owned property; . Loans fÌ'om private financial institutions; and 8 AIty other legally available source. The more typical sources of redevelopment financing that may be employed with the Project are described below. Financial Assistance fÌ'om the City. County. State. and/or the Federal Government Historically, the Agency has received loans and advances fÌ'om the City for planning, construction, and operating capital for administration of the Project until such time that sufficient tax increment revenue is raised to repay loans and provide other means of operating capital. The City has also deferred payments on Agency loans for land purchases, to benefit the Agency's cash flow. Typically, such monies are used to meet short-term cash flow needs as the City's Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency Aprll,I998 D-l Bay/rant Amendment No.5 - Preliminary Report C -~/zt:t -. . . --- General Fund cannot carry extensive levels of Agency debt at the risk of threatening the City's own cash balances. As available, other funds such as state gas tax funds and federal Community Development Block Grants were, and will continue to be used, as appropriate, to pay the costs of Project implementation. The Agency and City will also continue to work together to pursue other available grants and loans. The City or other public agencies may also issue bonds on behalf of the Agency and provide in-kind assistance. Property Tax Increment The Agency will continue to use property tax increment as provided for in Section 33670 of the Law, and is authorized in the Plan to employ tax increment financing to underwrite Project costs. Tax increment revenue may OIÙY be used to pay indebtedness incUITed by the Agency; indebtedness includes principal and interest on loans, monies advanced, or debts (whether funded, refunded, assumed, or otherwise) incUITed by the Agency to fmance or refmance, in whole or in part, redevelopment activities. As a result o,fthe adoption of Amendment No.1 by Ordinance No. 1872 in 1979, the financial provisions of the Existing Plan were merged with the Town Centre I Redevelopment Plan, permitting the Agency to employ resources from both project areas to underwrite implementation costs in either project area. Project tax increment revenues are distributed to address an array of obligations. As required by Section 33334.6 of the Law, twenty percent (20%) of Project tax increment revenue is deposited into the Housing Fund for the purposes of increasing, improving, and preserving the community's supply oflow and moderate income housing. The remaining 80% of the tax increment revenue will be used to pay for taxing entity obligations, debt service costs, and other program expenditures. Remaining nonhousing Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 D-2 Bayfront Amendment No.5 - Preliminary Repol1 C-~ 13f -. revenues will finance some of the proposed ilÚÌ'astructure capital facility and economic development programs within the Project Area. With the addition of new territory, the Project will collect separate streams of tax increment revenue from the Existing Area and the Added Area. Tax increment ITom each of these areas will be based upon separate base year values and district limitations. However, either stream of revenue may fund implementation costs both throughout the Project Area and the Town Centre I Redevelopment Project Area. Existing Area The Amendment proposes to extend the time period within which the Agency may collect tax increment revenue ITom the Existing Area by 15 years. Under the Existing Plan, the Agency is prohibited from receiving Existing Area tax increment revenue after July 16,2009, except for the purposes of financing housing production obligations required by Section 33413 of the Law and indebtedness incurred prior to January 1, 1994. The Amendment would extend this time limit to July 16,2024. The Amendment would not amend the Existing Plan's $210.0 million limit on the cumulative amount of tax increment which may be collected from the Existing Area. According to the City Finance Department, a total of $ 56.6 mi l.of Project tax increment has been collected under the existing $210.0 million cap as of June 30, 1997. Added Area The Plan would feature separate time limits on the collection of Added Area tax increment revenue. (The Law no longer requires limits on the amount of tax increment revenue.) By Law, and as stated in the Plan, the Agency would collect tax increment revenue for a period of 45 years following adoption of the ordinance adopting the Amendment. Assuming the Amendment Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,I998 D-3 Bayfront Amendment No.5 - Preliminary Report C-~/31 -. . - is adopted in July 1998, the Agency would receive Added Area tax increment revenue until July 2043. Bonded Debt Under the Plan, the Agency would have a capacity to issue bonds and/or notes for any of its corporate purposes, payable in whole or in part from tax increment revenue. Historically, bonded debt has been an integral component of the Agency's financing program to eliminate blight in the Project Area. The Agency has three outstanding bond issues which are funded in part by Project tax increment revenues; these bonds, which are obligations of both the Project and the Town Centre I Redevelopment Project, are enumerated below: I) 1994 Senior Tax Allocation Refunding Bonds, Series A 2) 1994 Subordinate Tax Allocation Refunding Bonds, Series C 3) 1994 Subordinate Tax Allocation Refunding Bonds, Series D The Amendment will not change the Existing Plan's $50.0 million limit on the amount of bonded debt principal which may be outstanding at anyone time. This $50.0 million will remain the same in the proposed Plan, and will apply to both the Existing Area and the Added Area. Lease or Sale of Agencv-Owned Property The Agency may sell, lease, or otherwise encumber its property holdings to pay. the costs of Project implementation. Rosenow Spevacek Group, Inc. Chum Vista RedevelDpment Agency April, 1998 D-4 Bay/ront Amendment No.5 - Preliminary Report C-~'32- -. .. - Participation in DeveloDment If the Agency enters into agreements with property owners, tenants, and/or other developers which provide for revenues to be paid or repaid to the Agency, such revenues may be used to pay Project implementation costs. Other Available Sources Any other loans, grants, or financial assistance from the federal government, or any other public or private source will be utilized, as available and appropriate. The Agency will also consider use of the powers provided by Chapter 8 (Redevelopment Construction Loans) of the Law to provide construction funds for appropriate projects. Where feasible and appropriate, the Agency may use assessment district and/or Mello-Roos bond fmancing to pay for the costs of public infrastructure, facilities, and operations. Projected Tax Increment Revenues Project implementation, and specifically new development throughout the Project Area, will generate tax increment revenue. Tax increment revenue is generated by increases in the assessed value exceeding the respective base year assessed value of the Existing and Added Areas. Tables D-l(a) through D-l(c) present the projected tax increment revenues for the Project. Actual 1997-98 assessed values have been incorporated into the projections. Future secured assessed values in the Project Area are assumed to increase by 5%, annually, while unsecured and nonunitary utility values are assumed to grow by 2% annually. Under the Existing Plan, the Agency would be generally prohibited from collecting tax increment revenue after July 16, 2009.1 Over the period between 1998-99 and 2008-09, RSG 'Pursuaot to Sectioo 33333,6(g) aDd (h), this time limit does not apply to the allocatioo of taxes to elimioate affordable housiog defici" created uoder Sectioo 33320,5(e) Sectioo 33334.6(g), or Section 33487(d) io accordaoce with a plao to elimioate housing productioo defici" or implemeot a replacemeot housiog program pursuaot to Sectioo 33413, 00' does it affect the validity of aoy iodebtedoess authorized by the City Council prior to Jaouary I, 1994, Rosenow Spevacek Group, Inc. 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Q ,¡¡ g: = -NM~~W~WØ~~~~~~~~~~~N~~~~æ~reægM~~~~~~~~~;~~;~ -< '" '" c.-~ 13Ct - . , - estimates that the Project could generate approximately $31.0 million in tax increment revenue. This revenue would consist of $6.2 million in Housing Fund revenues and $24.8 million of Nonhousing Fund revenues. The Amendment, among other things, would extend the time frame to collect revenue from the Existing Area, while permit the Agency to collect tax increment from the Added Area. As such, the Amendment would enable the Project to generate additional tax increment revenue beyond what is permitted under the Existing Plan. If the Amendment is adopted, RSG's tax increment revenue forecast estimates that approximately $141.4 million of gross tax increment revenue could be generated by the Project. Of this amount, $28.3 million would be deposited to the Agency's Housing Fund, and $113.1 million would be available to the Nonhousing Fund. Because the Amendment extends the time frame to incur debt, extends the duration of the Existing Plan's effectiveness, and adds new territory to the Project Area, the Agency would be required to share a portion (projected to be approximately $15.1 million) of its Nonhousing Fund revenue with the affected taxing agencies pursuant to Sections 33607.5 and 33607.7 of the Law ("Statutory Payments"). For the Existing Area, these Statutory Payments would commence in the fiscal year after the first of either the time limit to incur debt or the effectiveness the Existing Plan would be reached. Since these time limits expire in fiscal year 1999-2000, the Statutory Payments from the Existing Area would start in the 2000-01 fiscal year. For the Added Area, Statutory Payments would start in the first fiscal year the Agency would receive tax increment revenue from the Added Area (assumed to be 1999-2000). According to Section 33607.5 of the Law, beginning in the payment first year, the Statutory Payments are equal to 25% of the Project's annual nonhousing tax increment revenue in excess of amounts received in the prior year. These Statutory Payments are subject to two subsequent increases. The first increase in Statutory Payments would take effect in the payment eleventh year, when the Agency would be required to pay 21% of the incremental increase in nonhousing Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 D-6 B~ront Amendment No.5 - Preliminary Repol1 C -I'-/- - . .- tax increment revenues exceeding amounts in the tenth payment year. The Law further provides for a second increase in the Statutory Payments that commences in the thirty-first payment year. However, because this increase would occur after the Plan's July 2024 time limit on the collection of Existing Area tax increment revenue, no additional Statutory Payments from the Existing Area would be required. The actual amount of the Statutory Payments will vary based on the amount of tax increment revenues collected by the Agency each year. A forecast of Statutory Payments has been included on Tables D-I(a) through D-I(c) in this Section. Should actual tax increment revenues exceed or fall below these projections, actual Statutory Payments would be higher or lower. The following Table D-2 is a list of affected taxing agencies in the Project Area. Each taxing agency is entitled to their respective share of the Statutory Payment. All agencies receive their share of the Statutory Payments, except for the City of Chula Vista, which, by Section 33607,5, is only entitled to their share of the first 25% of the Statutory Payments. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 D-7 Bay/ront Amendment No.5 - Preliminary Repol1 C~ ,t/, -. '- --.- Bayfront Redevelopment Plan Amendment TABLE D-2 List of Affected Taxing Agencies Agency Name Fund Number Levy Rate Existing Araa Added Araa 1 % General Levy County of San Diego General Fund 1001 0,26474588 0,26474567 Chula Vista Elementary School District 4117 0,29091049 0,29091204 Sweetwater Union High School District 4259 0.18814839 0,18814689 Southwestem Community College District 4460 0.05070005 0,05069933 County of San Diego School Service 4535 0,01651356 0,01651424 Educational Revenue Augmentation Fund 5022 South Bay Irrigation District 6364 0,00415756 0.00415879 City of Chula Vista 6014 0,18482407 0.18482305 1.00000000 1.00000000 Override Levy Metropolitan Water District 6725 0.00890000 0,00890000 County Water Authority 6752 0,00120000 0,00120000 1,01010000 1.01010000 Source: County of San Diego Auditor-Controller's report of Community Redevelopment Agency Tax Rate Area Impact report for TRA 001082, Tax Rates By District, and Added Area Base Year Report, (All reflect 1997-98 secured and unsecured tax rates) Economic Feasibility Analysis The Amendment enhances the economic feasibility of Project implementation by pennitting the Agency more time to incur and repay debt from the Existing Area. Also, the Amendment provides the Agency the ability to initiate and finance redevelopment activities in the Added Area as well. Table 0-3 compares the cumulative tax increment revenue flows anticipated both with and without the Amendment. As indicated in Table 0-3, given the assumptions on growth described earlier in this section, the Amendment would provide the Agency with the capability to collect $110.3 million (355%) more gross tax increment revenue to implement redevelopment programs in both the Existing and Added Areas. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 D-8 Bayfront Amendment No.5 - Preliminary Report C -~ ,"'L -. Bayfront Redevelopment Plan Amendment TABLE 0-3 Projected Economic Benefit of Amendment Without Amendment With Amendment Increase / (Decrease) Total Tax Increment $74,633,948 $184,975,122 $110,341,174 Tax Increment Received (6/30/98) 43,583,150 43,583,150 - Future Tax Increment 31,050,797 141,391,971 110,341,174 Housing Fund 6,210,159 20% 28,278,394 20% 22,068,235 20% Nonhousing Fund Statutory Payments - 0% 23,153,870 16% 23,153,870 21% Net Nonhousing Fund 24,840,638 80% 89,959,707 64% 65,119,069 59% Source Cumulative Tax Increment Revenues projected on Tables 0-1(a) through 0-1(c) Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 D-9 Bayfront Amendment No.5 - Preliminary Report C - f.4t.f I '13 - . , - Reasons for the Provisions of Tax Increment An analysis of the City's fmancial statements indicates that the City cannot fund redevelopment implementation without tax increment financing. Since 1992, the General Fund budget has experienced a 20% overall increase, while property and sales tax revenues to support these costs have increased by 8% over the .same time period. Currently, all City General Fund resources are pledged to operations or reserved for specific purposes, such as retirement funds, insurance reserves, and emergency contingencies. If these funds were reallocated to redevelopment uses, the City General Fund would be faced with a funding shortfall in its existing commitments. In addition, the passage of Proposition 218 in November 1996 presents new impediments to assessment district creation and revenue generation. Increasing development fees is also not a viable option, since increasing such fees would only further handicap the City's overall economic development efforts to attract new business to the Project Area. The Port District is also unable to shift additional resources from its regional 10 year capital improvement program to Chura Vista, because doing so would compromise higher .priority tidelands projects with a greater regional benefit (such as the San Diego Convention Center). Consequently, tax increment revenue will be an essential funding source for redevelopment activities. Rosenow Spevacek Group, Inc. ChuM VISta Redevelopment Agency April,I998 0-10 Bayfront Amendment No.5 - Preliminary RepOl1 C -~/"C¡ - - SECTION E A Description of the Projects Proposed by the Agency The Agency's Five-Year Implementation Plan for the Project delineates a variety of infrastructure, community development, and affordable housing projects and programs for the Existing Area, which, combined with additional activities in the Added Area, will allow the Agency to undertake a comprehensive redevelopment effort throughout the Project Area. These projects and programs include, without limitation, the following; . Cleanup of contaminated properties . Extension of "H" Street to Marina Parkway . Disposition of Agency property as Bay Boulevard and "E" Street . Completion of Midbayfront development agreement . Construction of the Padres' Ballpark If the Amendment is adopted, the extension of time limits will permit the Agency with greater capabilities to initiate additional projects in the Existing Area. Further, by extending the Project Area boundaries to include the Added Area, the Agency will be empowered to undertake redevelopment activities in the Added Area as well. These additional redevelopment activities will be established by future annual work programs, implementation plans, and the provisions of the Plan. Overall, implementation of the Project will occur gradually over the remaining duration of the Plan. Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April, 1998 E-l Bayfront Amendment No.5 - Preliminary Repol1 ~ -~ 14~ - . SECTION F A Description of How the Proposed Projects Will Improve and Alleviate Blighting Conditions With the Amendment, the Agency would continue to implement a comprehensive community development program. The authorities and provisions of the Plan have been developed to permit the Agency to enact redevelopment projects targeting the blight that exists within the Project Area. Infrastructure Improvements. The traffic/circulation system improvements are those that have been identified in the various studies that the City has commissioned to address circulation deficiencies within the Project Area. Construction of the "H" Street extension will better local and regional access to the Project Area. Other infrastructure needs, such as those provided by the Midbayfront development program, will be designed to increase the operational capacity of Project Area roadways (through improved signage, signalization, and travelways), address the shortage of civic and recreational facilities serving the Project Area (by upgrading and improving local parks), and remove many barriers to economic growth (such as perimeter buffering to the B.F. Goodrich property). Overall, street, sanitary sewer, strom drain, utility, public facility, and other infrastructure projects in the Project Area will eliminate both physical and economic blighting conditions. Community DeveloDment Proiects/Programs. These projects/programs are designed to address the blighting conditions by assisting private enterprise with rehabilitation and/or expansion activities, or through the acquisition of needed property. The Agency proposes to provide funds to assist in land acquisition or the construction of on- and off-site infrastructure improvements, or partially funding parking improvements. As existing structures age, the Agency also proposes to provide assistance over the life of the Plan to facilitate the rehabilitation of these structures, Such programs will enable the Agency to redevelop substandard properties in a manner consistent with the General Plan. Also, the Agency will engage in efforts to alleviate hazardous materials and other impediments to development in the Project Area. These programs will allow Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 F-¡ Bayfront Amendment No.5 - Preliminary Repol1 C-~ /4f. - . the Agency to facilitate viable development of local and regional serving commercial and industrial projects in the Project Area. Housing/Low and Moderate Income Assistance. The expenditure of Housing Fund revenues will assist the City in implementing the goals and programs set forth in 'the Agency's Affordable Housing Compliance Plan and the Housing Element of the City's General Plan, and will allow the Agency to enhance housing opportunities for very low, low, and moderate income households. Further, the proposed housing projects will eliminate blight in the community by repairing or rehabilitating substandard or deteriorating residential structures, Rosenow Spevacek Group, Inc. Chula Vista Redevelopment Agency April,1998 F-2 Bayfront Amendment No.5 - Preliminary Report C -~ /"'7 -. , -