HomeMy WebLinkAboutReso 1988-13877 RESOLUTION NO. 13877
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING RELOCATION ASSISTANCE
RULES AND REGULATIONS FOR THE CITY OF CHULA
VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, California Government Code Section 7267.8
requires cities to adopt rules and regulations regarding
relocation assistance, and
WHEREAS, the attached rules and regulations will comply
with state law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby adopt the Relocation
Assistance Rules and Regulations for the City of Chula Vista
attached hereto as Exhibit "A", and incorporated herein by
reference as if set forth in full.~
Presented and Approved as to form by
Th~m~s J. ~/
H r~n, City Attorney
// ~
'15016a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
C, ,_A VISTA, CALIFORNIA, this. 6th day of December
19 88 , by the following vote, to--wit:
AYES: Councilmembers Na]colm, Noore, HcCandllss
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Councilmembers Cox, Nader
y ~ ~ City of Chulo ViSta
ATTEST//'/_ Cify Cle,l( "~(~""
S E. OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 13877
,and that the same has not been amended or repealed.
DATED
L ' · ' City Clerk
-
CC-660
RELOCATION ASSISTANCE RULES AND REGULATIONS
OF THE CITY OF CHULA VISTA
1. Short Title
This title shall be known and may be cited as the "Relocation Assistance
Rules and Regulations of the City of Chula Vista" (hereinafter referred to as
"CITY" ).
2. Pd rpo se
The CITY has adopted these rules to assist in the implementation of
payments and the administration of relocation assistance pursuant to Section
7267.8 of the Government Code and in conformity with the guidelines issued by
the State Department of Housing and Conmunity Development [ursuant to Health
and Safety Code Section 50460.
3. ~X~X~M~ Prior Determinations
a. Displacement.
f~I~M~///a~//~AeV//~4/////a/ge4~//f~I~ff~M//~//~//~M~
f/e~/~f/~li~//~/I~] The cITY shall proceed with any phase
of a pro~ect or other activity which will result in the displacement of any
person, business of farm when it makes the following determinations:
(1) Fair and reasonable relocation payments will be provided to
eligible persons.
(2) A relocation assistance program offering the services described
in Sections 8 and 9 will be established.
(3) Eligible persons will be adequately informed of the assistance,
benefits~ policies~ practices and procedures~ includin~
grievance procedures provided for in these Rules.
(4) Based upon recent survey and analysis of beth the housing needs
of persons who will be displaced and available replacement
housing and considering competing demands for that housing,
comparable replacement dwellings will be available~ or provided,
if necessary~ within a reasonable period of time prior to
displacement sufficient in number~ size and cost for the
eligible persons who required them.
(5) Adequate provisions have been made to provide orderly~ timely,
and efficient relocation of eligible persons to comparable
replacement housing available without regard to race~ color,
religion~ sex~ marital status~ or national origin with minimum
hardship to those affected.
(6) A relocation plan meeting the requirements of Section 5 has been
prepared.
b. Acquisition. The CITY with any phase of a project or any other
activity which will result in the acquisition of real property when it
determines that with respect to such acquisition and to the greatest extent
practicable.
(1) Adequate provisions have been made to be guided by the
provisions of 25 CCR Section 6180 et seq., and
(2) Eligible persons will be informed of the pertinent benefits,
policies and requirements of these Rules.
4. Citizen Participation
a. All persons who will be displaced_, ~ neighborhood groups, and
any relocation coranittee are encouraged to participate fully and meaningfully
in reviewing any relocation plan~ and monitoring ~M~ the relocation
assistance program~.
b. When a substantial number of persons will be displaced from their
dwellings~ the CITY shall encourage the residents and comKunity organizations
in the displacement area to form a relocation conmittee. The committee shall
include~ when applicable, residential owner occupants~ residential tenants,
business people, and members of existing organizations within the area. In
lieu of initiating a new process of citizen participation, a citizen
participation process which is part of an existing development program may
substitute such process if it satisfies the requirements of this section.
If a substantial number of persons will not be displaced from their
dwellings, the CITY staff shall at least consult with and obtain the advice of
residents and conmunity organizations and make the relocstion plan available
to such persons and organizations prior to submitting it to the City Council
for approval.
c. The CITY shall permit timely access to all appropriate documents
relevant to the relocation program, provided that ~/~/~/~M~f~ the CITY
may reasonably restrict access to material to preserve its confidentiality, to
preserve its privileged status, or to prevent disclosure prohibited by law.
The CITY shall ensure that the information of the identity of eligible persons
is provided in a manner designed to avoid such disclosure. This obligation to
avoid improper disclosure shall not affect ~ the right the person to whom
the information relates (or any other person authorized in writing by such
personS) ~/M~to inspect such dosuments.
d. The CITY shall provide technical assistance necessary to interpret
elements of the relocation plan and other pertinent materials.
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e. The CITY shall provide appropriate means, including ~ublic meetings
for all persons, groups, and committees, to con~nunicate any cor~ents or
objections regarding ~ a relocation plan~ and shall ~M~f///~
establish means for ~{~/~O~/~kX;~//~/~/r~fq///~Q//~M receiving and
attaching such cor~nents or objections to a plan when it is forwarded to the
City Council for approval.
f. The CITY shall provide prompt, written response to any written
objections or criticisms.
prior to proceeding with any phase of a pro~ect or ether activity that will
result in displacement, the CITY shall prepare a Relocation Plan and submit it
for approval to the City Council. When the CITY'S action will only result in
an insignificant amount of non-residential disptacement~ the requirements of
this section need not be satisfied.
b__. A Relocation Plan shall include the following:
(1) A diagrammatic sketch of the pro~ect area.
(2) Pro~ected dates of displacement.
/jF 7/
(3) A written analysis of the aggregate relocation needs of all
persons to be displaced and a detailed explanation as to how
these needs are to be met.
(4 A written analysis of relocation housing resources.
(5 A detailed description of the relocation advisory services
program including specific procedures for locating and referrinq
eligible persons to comparable replacement housing.
(6 A description of the relocation payments to be made.
(7 A cost estimate for carrying out the plan and identification of
the source of the necessary funds.
(8 A detailed plan by which any last resort housing is to be b~ilt
and financed.
(9) A standard information statement to be sent to all persons to be
displaced (as required by Section 12).
(10) Temporary relocation plans, if any.
(11) A description of relocation office operation procedures.
(12) Plans for citizen participation.
(13) An enumeration of any coordination activities to be undertaken.
(14) ~ne comments of the relocation cor~nitteet if any.
(15) A written determination by the CITY that the necessary
resources will be available as required.
c. A Plan prepared by the CITY shall be consistent with the local housinq
element (prepared [ursuant to California Code of Regulations, Title 25t
Chapter 6~ Subchapter 3).
d. In the event of delay of implementation of the relocation program, the
plan shall be updated annually.
e. (1) Copies of the plan shall be submitted for review to the
relocation cor~nittee and the State department 30 days prior to
submission to the City Council for approval. Copies shall be
available to the pAblic upon request.
(2) General notice of the plan shall be provided. Notice shall be
designed to reach the occupants of the property, and it shall be
provided 30 days prior to submission to the City Council for
approval.
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7 7
6. Priority of Federal Law
If the CITY undertakes a project with federal financial assistance and
consequently must provide relocation assistance and benefits as required by
federal law, the provisions of the Relocation Assistance Act (Govt. Code ~7260
et seq.) and these F~les shall not apply; but if an obligation to provide
relocation assistance and benefits is not imposed by federal law, the
provisions of the Act and these Rules shall apply.
7. Severability
If any provisions of these Rules or the application thereof is held
invalid, such invalidity shall not affect other provisions or applications of
the Rules which can be given effect without the invalid provision or
application, and to this end, the provisions of the Rules are severable.
8. Relocation Assistance Advisory Program
The CITY shall develop and implement a relocation assistance advisory
program which satisfies the requirements of applicable laws. Such program
shall be administered so as to provide advisory services which offer maxiF~m
assistance to minimize the hardship of displacement and to ensure that:
a. All persons displaced from their dwellings are relocated into
suitable replacement housing, and
b. All persons displaced from their places of business are assisted in
re-establishing the same with a minimum of delay and loss of earnings.
R~I~f~M//~X~h//~X~I//X~//X~d~//~//C/c///~//~I~f~
9__. Requirements of Relocation Assistance Advisory Program
a. Each relocation assistance advisory program shall includeF at a
minimum~ such measures, facilities or services as may be necessary or
appropriate in order to
(1) Fully inform eligible persons under these Rules within 15 days
following the initiation of negotiations for a parcel as to the
availabilit~ of relocation benefits and assistance and the
eligibility requirements therefor, as well as the procedures for
obtaining such benefits and assistance.
(2) Determine the extent of the need of each such eligible person
for relocation assistance.
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(3) Assure eligible persons that within a reasonable period of time
prior to displacement~ there will be available comparable
replacement housing sufficient in number and kind for and
available to such eligible persons.
(4) Provide ourrent and continuing information on the availability,
pricesr and rentals of comparable sales and rental housing and
of comparable commercial properties and locations~ and as to
security deposits, closing costs, typical down payments,
interest rates and terms for residential property in the area.
(5) Assist each eligible person to complete applications for
payments and benefits.
(6) Assist each eligible displaced person to obtain and move to a
comparable replacement dwelling.
Onl~ adequate inspection will insure that a particular unit
meets this standard if a displaced person occupies a unit to
which he is referred by the CITY and the unit does not satisfy
the comparable replacement dwelling standardr the CITY has not
fulfilled its obligation to assist the displaced person to
obtain such a dwelling. Whenever this occurs~ the CITY shall
offer to locate such a dwelling for the displaced person and to
pay again all n~ving and related expenses. If the displaced
person chooses not to move from the unit that he occupied
following referral~ the CITY shall not assert that he is
ineligible to receive relocation assistance and benefits on the
basis of that unit's failure to satisfy the comparable
replacement dwelling standard.
(7 Assist each eligible person displaced from his business or farm
operation in obtaining and becoming established in a suitable
replacement location.
(8 Provide an~ services required to insure that the relocation
process does not resdlt in different or separate treatment on
account of race, color religion~ national origin, sex~ marital
status or other arbitrar~ circumstances.
(9 Suppl~ to such eligible persons information concerning federal
and state housing programs~ disaster loan and other programs
administered by the Small BUsiness Administration~ and other
federal or state programs~ offering assistance to displaced
persons.
(10) Provide other advisory assistance to eligible persons in order
to minimize their hardships.
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(11) Inform all persons who are expected to be displaced about the
eviction policies.
10. Eligibility
a. Relocation assistance and benefits shall be available to:
(1) Any person who occupies property from which he will be displaced.
(2) Any person who will move from real property or will move his
personal property from real propertyr because he will be
displaced from other real property on which he conducts a
business or farm operation.
(3) Any person who moves from real property as a result of its
acquisition by a public entity whether the move is voluntary or
involuntary.
(4) Any person who, following the initiation of negotiations~ moves
as the result of the pending acquisition. Such a person is
eligible if the property is subsequently acquired by the public
entity; if it is not acquired, such a person, at the discretion
of the CITY, may be declared eligible.
(5) Any person who moves as the result of pending acquisition by the
CITY either following receipt of a Notice of Intent to Displace
(see Section 12) or as a result of inducement or enccuragement
by the ~ublic entity.
(1) ~nose tenants who lawfully occupy property only after the CITY
acquires it are not eligible, ifF before occupying the property,
they are informed by the CITY, that the property will only be
available for interim hsusing and that the development may
result in termination of the tenancy sooner than expected. When
so informed, such tenants are not eligible~ even if the~; move as
a result of a written order from the CITY to vacate the property.
I~ 1__1. Replacement Housing Prior to Displacement
a. Except when waiver is authorized by law, an eligible person shall not
be required to move from his dwelling, unless within a reasonable period of
time prior to displacement, ~///~//e/~//~//i~//~F~//~//z'~Mal~I~/
~)Jf~M~///~/// comparable replacement dwellings f~ are
available, or, where temporary quarters are required, that ~M//~
~M~X~ adequate replacement dwellings are available ~//~~//~
~4~/¢l~Y to such person.
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b. The requirements of this section shall be deemed to have been
satisfied if a person is offered and refuses without justification reasonable
choices of specifically identified comparable replacement dwellings
~gf~fM~//t~//~,-//~f~//~//~k~//g~f. The CITY shall offer not less than
three such reasonable choices, in writing, in a language understood by the
displaced person.
~X//~M//~f~ff~//~//~f~//~//~Mf~X//~//~f~//~
~N~I~/~/~M~M/~/~/~/~M~/~/~f/N/~X~//~V/~/~
c. No eligible ~rson (tenant or o~er-~nt) ~cupying proFrty
shall be retired to ~ve from a d~lling or to ~ve a ~siness or farm
oFration wither at least 90 da~s written notice f~m the CI~.
XIX 1~. Information Progra
a. ~e cI~ shall establish and ~intain an information program which
provides ~or the following:
(1) Pre~ration and distriCtion of infor~tional material to each
pros~ctive relocatee. ~is material shall ~ prepared and
distributed as soon as is reasonably practicable following the
initiation of negotiations (within 15 da~s) and no less than
ninety (90) days in advance of displacement, except where waiver
is authorized by 25 C~ ~6042(e). ~ere a~ropriate, serrate
informational state~nts shall be prepared for residential and
for non-residential oc~nts.
(2) ~nducting ~rsonal interview and maintaining Frsonal contacts
with ~tential relocatees to the ~xi~m ~//M~f~
practicable.
(3) Utilizing reasonable ~th~s of ~blic notice, choosing those
methods ~st likel~ to actuall~ ~nicate information to such
Frsons.
b. L~age. Infor~tion ~terial shall be pre~red in the lan~age or
lan~ages ~st easily understo~ by the r~ipients.
c. ~th~ of Deliver~. To assure receipt of the infor~tional ~terial,
the CI~ sh~ld arrange to have the material either hand delivered to each
oc~nt of the proFrty with a r~est for a written r~eipt~ or sent bZ
certified mail~ return receipt r~uested.
-8-
d. General and Specific Information. In addition to disseminatin~
general information of the type described in this section, the CITY shall also
provide each person with individual, written notification as soon as his
eligibility status has been established.
Yl~ 1__3. Termination of Relocation Assistance
The CITY relocation obligations cease under any of the following
circumstances:
a. A displaced person moves to a comparable replacement dwelling and
receives all assistance and payments to which he is entitled; or
b. The displaced person moves to cubstandard housing, refuses reasonable
offers of additional assistance in moving to a decent, safe and sanitary
replacement dwelling, and receives all payments to which he is entitled; or
c. All reasonable efforts to trace a relocatee have failed; or
d. The business concern has received all assistance and payments to
which it is entitled and has been successfully relocated or has ceased
o~erations; or
e. A person displaced from his dwelling or business refuses reasonable
offers of assistance, payments, and comparable replacement housing.
l~ 1__4. Eviction
Eviction shall be undertaken as a last resort and only for one or more of
the following reasons, which shall be documented:
a. Failure to pay rent, except in those cases where the failure to pay
is legally excused;
b. Performance of a dangeroAs, illegal act in the unit;
c. Material breach of the rental agreement and failure to correct breach
after notice;
d. Maintenance of a nuisance and failure to abate within a reasonable
time following notice;
e. Refusal to accept one of a reasonable number of offers of replacement
dwellings;
f. The eviction is required by state or local law and cannot be
prevented by reasonable efforts on the part of the ~X~/~Z~ CITY;
g. Failure to vacate in accordance with an agreement with the public
entity; or
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h. Failure to obey a court order authorizing the Fublic entity to take
possession.
f~ 1__5. Relocation Payments by AGENCY
~he CItY shall make relocation payments to or on behalf of eligible
displaced persons in accordance with and to the full extent required by law.
t~ 1__6. Filing of Claims
All claims filed with the CITY shall be submitted within eighteen (18)
months of the date on which the claimant receives final payment for the
property, or the date on which he moves, whichever is later. For good cause
shown, the CITY may extend the period.
y~ 1__7. Actual Reasonable Moving Expenses
a. General. The CITY shall pay to displaced persons who are eligible
for actual reasonable expenses specified below and subject to the limitations
set forth in subsection (d) of this section for moving himself, his family or
business. In all cases, the amount of a payment shall not exceed the
reasonable cost of accomplishing the activity in connection with which claim
has been filed.
The moving and related expenses for which claims may be filed shall
include:
(1) Transportation of persons and property not to exceed a distance
of 50 miles from the site from which displaced:
(2) Packing, crating, unpacking, and uncrating personal property;
(3) Insurance of personal property while in storage or transit.
(4) Reasonable storage costs, not to exceed 12 months, determined by
CITY to be necessary;
(5) The reasonable replacement value of property lost~ stolen or
damaged (not through the fault or negligence of the displaced
person, his agent, or employee) in the process of moving, where
insurance covering such loss~ theft or damage is not reasonably
available;
(6) The cost of disconnecting, dismantling, removing, reassembling,
reconnecting, and reinstailing machinery, equipment or other
personal property (including goods and inventory kept for sale)
not acquired by the [ublic entity, including connection charges
imposed by [ublic utilities for starting utility service.
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b. Actual Reasonable Moving Expenses--Displaced Business ODncerns and
Farm Operations. In addition to those compensable expenses set forth in
subsection (a) of this section, a displaced business concern or farm operation
may file a claim for the following moving and related expenses:
(1) The cost, directly related to displacement of other physical
change in or to any structure or its premises in connection with
the reassembling, reconnection, or reinstallation of machinery,
equi~nent or other personal property, subject to the limitation
imposed by paragraph (2) below.
(a) Modifying the machinery, equipment, or other personal
property to adopt it to the replacement location or
modifying the power supply.
(2) Claims for payment under this subsection shall be subject to the
following limitations:
(a) Reimbursable costs shall be reasonable in amount.
(b) The cost shall be found by the public entity to be required
by law or to be otherwise necessary to the re-establishment
of the displaced business or farm.
(c) The cost could not be avoided or substantially reduced at
an alternate available and suitable site to which the
business was referred.
(d) The CITY shall deduct, on the basis of a reasonable
estimate, the amount, if any, realized by the displaced
business concern as compensation for comparable additions,
improvements, alterations or other physical changes to the
structure and premises acquired, as pert of the payment
made for the acquisition of such structure and premises.
(3) The cost of any license, permit, or certification required by a
displaced business concern to the extent such cost is necessary
to the re-establishment of its operation at a new location.
(4) The reasonable cost of any professional services (including but
not limited to architects', attorneys' or engineers' fees~ or
consultants' charges) necessary for planning the move of
personal property moving the personal property, or installation
of relocated personal property at the replacement site.
(5) Where an item of personal property which is used in connection
with any business or farm operation is not moved but is replaced
with a comperable item, reimbursement in an amount not to exceed
(i) the replacement cost, minus any net proceeds received from
its sale, or (ii) the estimated cost of moving, whichever is
less.
-11-
c. Advance Payments. Payment may be made to qualified movers on behalf
of a displaced person in advance of the actual move. The CITY shall provide
advance payment whenever later payment would result in financial hardship.
Particular consideration shculd be given to the financial limitations and
difficulties experienced by low and moderate income persons and small farm and
business operations.
d. Self Moves. After securing a moving bid acceptable to the CITY, if a
displaced parson or business elects to self move, he may submit a claim for
moving expense to the p/blic entity in an amcunt not to exceed the bid.
e. Personal Property of LOw Value and High Bulk, Business or Farm
Operation. Where, in the judgment of the CITY, the cost of meving any item of
personal property of low value and high bulk which is used in connection with
any business or farm operation would be dispropertionate in relation to its
value, the allowable reimbursement for the expense of moving such property
shall not exceed the difference between the cost of replacing the same with a
comparable item available on the market and the amount which could have been
received for such property on liquidation. This provision may, in the
appropriate situations, be applied to claims involving the moving of
junkyards, stockpiles, sand, gravel, minerals, metals, and similar property.
f. Documentation in Support of a Claim.
(1) General. Except in the case of a displaced person conducting a
self-move, as provided in subsection "d" above, a claim for
payment under this section shall be supperted by evidence of
expenses incurred. By prearrangement between the CITY the site
occupant, and the mover evidenced in writing, the claimant or
the mover may present an unpaid moving bill to the CITY, and the
CITY may pay the mover directly.
(2) Businesses and Farm Operations. Each claim for the costs
incurred by a displaced person for meving his business or farm
operatio~ shall be supported by competitive bids in such number
as are practical. If the CITY determines the bid requirement is
impractical, or if estimates of less than $1,000 are obtained,
the claim ma~; be supported by estimates.
y~ 18. Actual Direct LOsses of Tangible Personal Property
a. General. The CITY shall pay a qualified displaced person, for actual
direct losses of tangible personal property as a result of moving or
discontinuing a business or farm operation, in an amcunt determined by the
CITY in accordance herewith.
b. Determining Actual Direct Loss of Property. Actual direct loss of
property shall be determined on the basis of the lesser of the following:
(1) The fair market value of the property for continued use at its
location prior to displacement; or
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(2) The estimated reasonable costs of relocating the property.
The CITY may require that the owner first make a bona fide effort to
sell the property. The proceeds realized from any sale of all or part of the
property shall be deducted from the determination of loss. In calculating
payment under this section, the reasonable cost of an effort to sell shall be
added to the determination of loss.
c. Documentation of SUpport Claim. A claim for payment hereunder shall
be supported by written evidence of loss which may include appraisals,
certified prices, bills of sale, receipts, cancelled checks, copies of
advertisements, offers to sell, auction records, and other records appropriate
to support the claim or the ~bq/i/~/~M~f~ CITY may agree as to the value of
the property left in place.
X~J 19. Actual Reasonable Expenses in Searching for a Replacement
BUsiness.
A displaced person who satisfies the pertinent eligibility req~lirements
with respect to actual reasonable moving expenses shall be eligible for
payment in an amount not to exceed $500 in searching for a replacement
business, including expenses incurred for:
a. Transportation;
b. Meals and lodging away from home;
c. Time spent in searching based on the hourly wage rate of the salary
or earnings of the displaced person or his representative, but not to exceed
$10 per hour; and
d. Fees paid to a real estate agent or broker to locate a replacement
business or farm.
I~ 2__0. Moving Expenses -- Outdoor Advertising BUsinesses
The owner of a displaced outdoor advertising business is entitled to
payment for the reasonable cost of m~ving such displays or their in-place
value, whichever is lesser.
Z~ 2__1. Alternate Payments -- Individuals and F~nil ies
A person who is displaced from a dwelling and is eligible for a payment
for actual reasonable moving expenses may elect to receive and shall be paid
in lieu of such Feyment:
a. A moving expense allowance not to exceed ~300, and determined in
accordance with established Federal Highway Administration Schedules
maintained by the California Department of Transportation, and
b. A dislocation allowance of ~200.
-13-
lZ~ 2__2. Alternate Payments --Businesses and Farm Operations
a. General. A displaced person who moves or discontinues his business
or farm operation who is eligible for relocation payments and who elects to
accept the payment authorized by this section in lieu of the payments
authorized shall receive a fixed relocation payment in an amDunt equal to the
average annual net earnings of his business or farm operation, except that
such payment shall not be less than TWO THOUSAND FIVE HUNDRED DOLLARS
($2,500), nor more than TEN THOUSAND DOLLARS ($10,000). For purposes of this
section, the dollar limitation specified in the preceding sentence shall apply
to a single business, regardless of whether it is carried on under one or more
legal entities.
b. Requirements -- Businesses. Payment shall not be made under this
section unless the CITY determines that:
(1) The business cannot be relocated without a substantial loss of
its existing patronage, based on a consideration of all
pertinent circumstances including such factors as the type of
business conducted, the nature of the clientele, the relative
importance to the displaced business of its present and proposed
location, and the availability of a suitable relocation site; and
(2) The business is not part of a commercial enterprise having
another establishment which is not being acquired for a project
and which is engaged in the same or similar business. Whenever
the sole remaining facility of a business which has been
displaced from its principal location:
(a) Has been in operation for less than two years; and
(b) Has had average annual gross receipts of less than $2,000
during the two taxable years prior to displacement of the
major component of the business; or
(c) Has had average annual net earnings of less than $1,000
during the two taxable years prior to the displacement of
the major component of the business, the remaining facility
will not be considered another "establishment" for parposes
of this section.
(3) The displaced business:
(a) Had average annual gross receipts of at least ~2,000 during
the two taxable years prior to displacement; or
(b) The displaced business had average annual net earnings of
at least $1,000 during the two taxable years prior to
displacement; or
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/~F77
(c) The displaced business contributed at least 33-1/3 percent
of the total gross income of the owner(s) during each of
the two taxable years prior to displacement. If in any
case the CITY determines that the two-year period prior to
displacement is not representative of average receipts,
earnings or income, it may make use of more representative
period.
c. Determination of Number of Businesses. In determining whether one or
more legal entities, all of which have been acquired, constitute a single
business, the following factors, among other, shall be considered:
(1 The extent to which the same premises, personnel and/or
equipment are shared; and
(2 The extent to which substantially identical or intimately
interrelated business functions are pursued and business and
financial affairs are commingled; and
(3 The extent to which such entities are held out to the public,
and to those customarily dealing with such entities, as one
business; and
(4 The extent to which the same person or closely related persons
who, control or manage the affairs of the entities.
d. Requirements-Farms. In the case of a farm operation~ no payment shall
be made under this section unless the CITY determines that the farm met the
definition of a farm operation prior to its acquisition. If the displacement
is limited to only part of the farm operation~ the operator will be considered
to have been displaced from a farm operation if the part taken met the
definition of a farm operation prior to the taking and taking caused such a
substantial changes in the nature of the existing farm operation as to
constitute a displacement.
~ e. Requirements -- Nonprofit Organizations. In the case of a
nonprofit organization, no payment shall be made under this section unless the
public entity determines that:
(1) The nonprofit organization cannot be relocated without a
substantial loss of its existing patronage (the term "existing
patronage" as used in connection with the nonprofit organization
includes the membership, persons, community, or clientele served
or affected by the activities of the nonprofit organization); and
(2) The nonprofit organization is not a part of an enterprise having
at least one other establishment not being acquired which is
engaged in the same or similar activity.
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~l f. Net Earnings. The term "average annual net earnings" as used in
this section means one-half of any net earnings of the business operation,
before federal and state income taxes, during the two taxable years
immediately preceding the taxable year in which the business or farm operation
moves from the real property acquired for such project, or during such other
period as the CITY determines to be more equitable for establishing such
earnings, and includes any compensation paid by the business to the owner, his
spouse, or dependent during such period. The term "owner" as used in this
section includes the sole proprietor in a sole proprietorship, the principal
partners in a partnership, and the principal stockholders of a corporation, as
determined by the public entity. For purposes of determining a principal
stockholder, stock held by a husband, his wife, and their dependent children
shall be treated as one unit.
f~ g. If a displaced person who conducts a business elects to receive
a fixed payment under this section, he shall provide proof of his earnings
from the business operation to the CITY. Proof of earnings may be established
by income tax returns, financial statements, and accounting records or similar
evidence acceptable to the CITY.
~ h__. Loss of Goodwill. When .payment under this section will precede
settlement of a claim for compensation for loss of goodwill under the Eminent
Domain Law~ the CITY before tendering payment~ shall state in writing what
portion of the payment~ if any, is considered to be compensation for loss of
goodwill and shall explain in writing that any payment made pursuant to that
portion of the Eminent DOmain Lawt called Compensation for Loss of Goodwill
will be reduced in the same amount. The portion considered to be compensation
for loss of goodwill shall not exceed the difference between the payment made
under this section and an amount which reasonably approximates the payments
for which the displaced person otherwise would be eligible under Section 17t
18~ 19 and 20. Failure to provide such written statement and explanation
shall constitute a conclusive indication that no portion of the payment is
considered to be compensation for loss of goodwill referenced above.
llx 23. Replacement Housing Payments for Homeowners
a. General. The CITY shall make, to a qualified owner occupant person
who is displaced from a dwelling and who satisfies the conditions of
subsection "b" of this section, a payment not to exceed a combined total of
$15,000 for:
(1) The amount, if any, which when added to the acquisition cost of
the dwelling acquired for the project equals the reasonable
cost, as determined in accordance with subsection "c" of a
comparable replacement dwelling. This amount shall not exceed
the difference between the acquisition price of the acquired
dwelling and the actual purchase price of the replacement
dwelling.
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/3F7 7
(2) The amount, if any, to compensate the displaced person for any
increased interest costs, as determined in accordance with
subsection "c", he is required to pay for financing the
acquisition of a replacement dwelling. T~e payment shall not be
made unless the dwelling acquired by the public entity was
encumbered by a bona fide mortgage which was a valid lien on the
dwelling for not less than 180 days prior to the initiation of
negotiations for acquisition of such dwelling.
(3) Reasonable expenses, determined in accordance with subsection
"c" of this section, incurred by the displaced person incident
to the purchase of the replacement dwelling.
(4) In accordance M~f~Wf~ with 25 CCR ~6108(a)(2), the cost of
rehabilitating a dwelling which does not satisfy the decent,
safe, and sanitary standard.
b. Eligibility Condition.
(1) A displaced person is eligible for payment under this section if
such person:
(a) Is displaced from a dwelling that is acquired;
(b) Has actually owned and occupied such dwelling for not less
than 180 days prior to the initiation of negotiations for
its acquisition; and
(c) Purchases and occupies a replacement dwelling within one
year subsequent to the date on which he received final
payment from the public entity of all costs of the acquired
dwelling or the date on which he moves from the acquired
dwelling, whichever is later, and
(2) If an owner satisfies all but the 180 day requirement and can
establish to the satisfaction of the CITY that he bought the
dwelling with the intention of making it his place of residence,
that the move was not motivated by a desire to receive
relocation assistance and benefits~ and that he neither knew nor
should have known that ~ublic acquisition was intendedt the CITY
may reduce the requirement as necessary.
(3) Where for reasons beyond the control of the displaced person,
cor~pletion of construction, ~ rehabilitation ~f, or
relocation ~ of a replacement dwelling is delayed beyond the
date by which occupancy is required, the CITY shall determine
the date of occupancy to be the date the displaced person enters
into a contract for such construction, rehabilitation, or
relocation or for the purchase, upon completion, of a dwelling
to be constructed or rehabilitated, if, in fact, the displaced
person occupies the replacement dwelling when the construction
or rehabilitation is completed.
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(4) Where, for reasons of hardship or circumstances beyond the
control of the displaced person, such person is unable to occupy
the replacement dwelling by the required date, the CITY may
extend the deadline as necessary.
(5) No person otherwise eligible for a payment under this section or
under Section 24 shall be denied such eligibility as a result of
his being unable, because of a ma~or state or national disaster,
to meet the occupancy requirements.
c. Computation of Replacement Housing Payment.
(1) Cost of Comparable Replacement Dwelling. In determining the
reasonable cost of a comparable replacement dwelling, the CITY
shall use ~//~u~Xl~t~ one of the following valuation
methods:
(a) Comparative Method. On a case by case basis by determining
the listing price of dwellings which have been selected by
the CITY and which are most representative of the acquired
dwelling unit and meet the definition of comparable
replacement dwelling set cut in 25 CCR subsection 6008(c).
Whenever possible, the listing price of at least three
dwellings shall be considered.
(b) Schedule Method. Where the CITY determines that the
comparative method is not feasible, it may establish a
schedule of reasonable acquisition costs for the various
types of comparable replacement dwellings. If mere than
one entity is administering a pro~ect causing displacement
in the area, it shall cooperate with the other entities in
establishing a uniform schedule for the area. The schedule
shall be based on a current analysis of the market to
determine a reasonable cost for each type of dwelling to be
purchased. In large urban areas, this analysis may be
confined to the sub-area from which persons are displaced
or may cover several different sub-areas, if they satisfy
or exceed the criteria listed in 25 CCR subsection
6008(c). To assure the greatest compatibility of dwellings
in any analysis, the analysis shall be divided into
classifications of the type of construction, number of
bedrooms, and price ranges.
(c) Alternative Method. Where the CITY determines that neither
the schedule~ nor comparative method is feasible in a qiven
situation~ by the use of another reasonable me6hod.
Whichever method is selected~ the cost shall be updated to
within three months of the date of purchase of the
replacement dwelling.
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7
(2) Interest Payments. Interest payments shall be equal to the
discounted present value of the difference between the aggregate
interest applicable to the amount of the principal of the
mortgage on the acquired dwelling over its remaining term at the
time of acquisition, and other debt service costs. The term and
amount of the mortgage on the replacement dwelling for purposes
of this paragraph shall be the lesser of the remaining term and
amount of the mortgage on the acquired dwelling, or the actual
term and amount of the mortgage on the replacement dwelling.
The amount of the debt service cost with respect to the
replacement dwelling shall be the lesser of the debt service
cost based on the cost required for a comparable dwelling, or
the debt service cost based on the actual cost of the
replacement dwelling.
Prepaid "~oints" shall be considered in the determination of
aggregate interest.
In calculating the amount of compensation, increased interest
cost shall be reduced to discounted present value using the
prevailing interest rate paid on savings deposits by cor~nercial
banks in the general area in which the replacement dwelling is
located.
(3) Expenses Incident to the Purchase of the Replacement Dwelling.
Payment under this section shall include the amount necessary to
reimburse the displaced person for actual costs incurred by him
incident to the purchase of the replacement dwelling, including
but not limited to the following: legal, closing, and related
costs including title search, preparing conveyance contracts,
notary fees~ surveys, preparing drawings or plans, and charges
paid incident to recordation; lender, FHA, VA or similar
appraisal costs; FHA, VA or similar application fee; cost for
certification of structural soundness, credit report charges;
charge for owner's and mortgagee's evidence or assurance of
title, escrow agent's fee; and sales or transfer taxes. Payment
for any such expenses shall not exceed the amount attrih/table
to the purchase of a replacement dwelling. Such expanses shall
be reasonable and legally required or customary in the community.
Reimbursement shall be made under the provisions of this
paragraph for any fee, cost, charge, or expense which is
determined to be part of the debt service or finance charge
under Title I of the Truth in Lending Act (Publ. L. 90-321), and
Regulation Z issued pursuant thereto by the Board of Governors
of the Federal Reserve System.
d. Multi-Family Dwelling. In the case of a displaced homeowner who is
required to move from a one-family unit of a multi-family building which he
owns, the replacement housing payment shall be based on the cost of comparable
one-family unit in a multi-family building of approximately the same density,
or if that is not available, in a building of the next less density or, if a
comparable one-family unit in such a multi-family building is not available,
the cost of an otherwise comparable single-family structure.
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e. Owner Retention.
(1) If a displaced homeowner elects to retain, move, and ocolpy his
dwelling, the amount payable under this section is the
difference between the acqlisition price of the acquired
property and the sum of the moving and restoration expanses, the
cost of correcting decent, safe, and sanitary deficiencies, if
any, and the actual purchase price of a comparable relocation
site. A public entity may limit the payment under this
subsection to the amount of the replacement housing payment for
which the homeowner would otherwise be eligible.
(2) The payment shall not exceed $15,000.
f. Provisional Payment Pending Condemnation. If the exact amount of a
replacement housing payment cannot be determined because of a panding
condemnation suit, the CITY may make a provisional replacement housing payment
to the displaced homeowner equal to the difference between the Fublic entity's
maxinum offer for the proparty and the reasonable cost of a comparable
replacement dwelling, but only if the homeowner enters into an agreement that
upon final adjudication of the condemnation suit the replacement housing
payment will be recomputed on the basis of the acquisition price determined by
the court. If the acquisition price as determined by the court is greater
than the maximum offer upon which the provisional replacement housing payment
is based, the difference will be refunded by the homeowner to the public
entity. If the acquisition price as determined by the court is less than the
maximum offer upon which the provisional replacement housing payment is based,
the difference will be paid to the homeowner.
g. Lease of Condominium. For the purposes of this section, the leasing
of a condominium for a 99-year period, or for a term which exceeds the life
expectancy of the displaced parson as determined by the most recent life
tables in Vital Statistics of the United States, as published by the Pdblic
Health Service of the Department of Health, EdUcation and Welfare, shall be
deemed a purchase of the condominium.
~ 24. Replacement Housing Payments for Tenants and Certain Others
a. General. The CITY shall pay to a qualified displaced person a
payment not to exceed ~4,000 for either:
(1) An amount, computed in accordance with paragraph "c (1)" of this
section, necessary to enable such parson to lease or rent a
replacement dwelling for a pariod not to exceed four (4) years;
or
(2) An amount, computed in accordance with paragraph "c (2)" of this
section, necessary to enable such parson to make a down payment
on the purchase of a replacement dwelling (including incidental
expenses described ~f~ in Section 23). If such amount
exceeds $2,000, the displaced person shall equally match any
such amount in excess of ~2,000 in making the down payment.
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b. Eligibility Conditions. A displaced person is eligible for the
payments specified in subsection "a" if he satisfies the following conditions:
(1) Has occupied the dwelling from which he is displaced for a
period of not less than 90 days prior to the initiation of
negotiations for acquisition of such dwelling.
(2) Is not eligible to receive a replacement housing payment for
homoowners or elects not to receive such payment. Where the
displaced person is the owner-occupant of the dwelling, the
payment made under paragraph ZI 23 a(2) shall not exceed the
amount of payment to which the person would be eligible under
Section Z~ 23.
(3) Whenever a payment under subsection (a)(2) is sought, the
displaced person shall within one year from the date of
displacement, purchase and occupy a replacement dwelling.
c. Computation of Payment.
(1) Rental Assistance Payments. The amount of payment necessary to
lease or rent a cor~parable replacemont dwelling, under
subsection "a)(1)", shall be coimputed by subtracting 48 times
the base monthly rental of the displaced person (as determined
in accordance with this subsection), from 48 times the monthly
rental for a comparable replacement dwelling (as determined in
accordance with this subsection): Provided, that in no case may
such amount exceed the difference between 48 times the base
monthly rental as determined in accordance with this subsection
and 48 times the monthly rental actually required for the
replacemont dwelling occupied by the displaced person.
(a) Base Monthly Rental. The base monthly rental shall be the
lesser of the average monthly rental paid by the displaced
person for the three-month period prior to initiation of
negotiations and twenty-five percent (25%) of the displaced
person's average monthly income. Where the displaced
person was the owner of the dwelling from which he was
displaced or was not required to pay rent for the dwelling,
the economic rent shall be used in lieu of the average
monthly rental to calculate base monthly rental.
(b) Comparable Rental. The rental for a comparable replacement
dwelling shall be amount of rent determined by the
f~//~f~//~t~X CITY by one of the methods used in
paragraph 23 c(1) (using rental charges instead of listing
price or acquisition cost).
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/ 387 7
(c) The rental costs shall be updated to within three months of
the date of rental of the replacement dwelling.
(2) Downpayment. The downpayment for which a payment specified
under paragraph "a (2)" of this section may be made, together
with any matching share which may be required, shall not exceed
the amount of a reasonable downpayment for the purchase of a
comparable replacement dwelling where such purchase is financed,
plus expenses incident to the purchase of a replacement dwelling
computed in accordance with ~f~M paragraph 23. The full
amount of a downpayment under this section shall be applied to
the purchase of the replacement dwelling and shall be shown on
the closing statement or other document acceptable to the
cz .
d. Rental Payments for Displaced OWners and Dependents.
(1) Owners. A displaced owner who elects to rent rather than
Furchase a replacement dwelling and who meets the eligibility
conditions specified in subsection "b" is eligible for the
payment specified in paragraph "a (1)", in lieu of all other
relocation payments except actual moving expenses.
(2) Dependents. A dependent who is residing separate and apart from
the person or family providing support, whether such separate
residence is permanent or temporary, shall be entitled to
payment under this sectionr but such ~ayment shall be limited to
the period during which the displaced dependent resides in the
replacement dwelling. At the time the displaced dependent
vacates that dwelling, no further payment under this section
shall be made to such person. For the purposes of this
paragraph~ a "dependent" shall be a person who derives fifty-one
percent or more of his income in the form of gifts from any
private person or any academic scholarship or stipend. Full
time students shall be presumed to e dependentsr but may rebut
this presumption by demonstrating that fifty percent or more of
their income is derived from sources other than gifts from
another private person or academic scholarships or stipends.
Dependents residing with the family of which they are a part
shall not be entitled to any payment except as a part of the
family.
(3) Disbursement. Except where specifically provided otherwise, the
CITY shall have the authority to disburse payments under this
section in a lump sum monthly or at other intervals acceptable
to the displaced person.
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/~ ~ ~
l~1 25. Proration of Payments
For the Furpose of calculating relocation benefits hereunder, two or more
individuals (whether they are members of one family or not) living together
in, and displaced from, a dwelling shall be regarded as one person.
Where a tenant is sharing a single family dwelling with an owner-occupant
and paying the owner-occupant rent for the privilege, the tenant shall not be
entitled to more than one half of the rental supplement otherwise payable.
1he owner-occupant shall not be required to share the payment to which he is
entitled or accept a prorated amount.
t~1 26. Certificate of Eligibility
UFon request by a displaced homeowner or tenant who has not yet purchased
and occupied a replacement dwelling, but who is otherwise eligible for a
replacement housing payment, upon reasonable request, the CITY shall certify
to any interested party, financial institution, or lending agency, that the
displaced homeowner or tenant will be eligible for the payment of a specific
sum if he Furchases and occupies a dwelling within the time limits prescribed.
~ 27. Mobile Homes
a. For parposes of these rules, a mobile home is a dwelling, and a
person displaced from a mobile home must satisfy the same eligibility
requirements and will be provided the same assistance, assurance and payments
as a person displaced from a conventional dwelling.
b. Moving Expenses. If a mobile home is moved to another site, the
displaced person shall be compensated for such reasonable moving expenses.
28. Survey and Analysis of Relocation Needs
Imediately following the initiation of negotiations, the CITY shall
interview all eligible persons, business concerns~ including nonprofit
organizations~ and farm operations to obtain information upon which to plan
for housing and other accommodations, as well as ccunseling and assistance
needs~ in accordance with 25 CCR Section 6048.
29. Survey and Analysis of Available Relocation Resources
The CITY~ within 15 days following the initiation of negotiations~ shall
initiate a survey and analysis of available comparable relocation resources to
determine that the requisite comparable replacement dwellings will be
availabler in accordance with 25 CCR Section 6052.
30. Grievance Procedure
a. Pdrpese. The Furpose of this section is to set forth procedures for
processing appeals from CITY determinations as to eligibility, the amount of
payment~ and for processing appeals from persons aggrieved by the CITY's
failure to refer them to comparable permanent or adequate temporary
replacement housing.
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b. Right of Review.
(1) Any complainant~ that is any person who believes himself
aggrieved by a determination as to eligibilityr the amount of
payment, the failure of the CITY to provide comparable permanent
or adequate temporary replacement housing or the CITY's property
management practices may~ at his election~ have his claim
reviewed and reconsidered by the City Council or an authorized
designee (other than the person who made the determination in
question) in accordance with these procedures.
(2) A person or organization directly affected by the relocation
plan may petition the State department to review the fina].
relocation plan of the CITY to determine if the plan is in
compliance with state laws and guidelines or review the
implementation of a relocation plan to determine if the CITY is
acting in compliance with its relocation plan. Review
undertaken by the department under this section may be informal
or may follow the procedures outlined in Government Code
Sections 11180 et seq. Before conducting an investigation under
the Government Code sectionsr the State department should
attempt to constrain disputes between parties. Failure to
petition the department shall not limit a complainant's right to
seek ludicial review.
c__L. Notification to Complainant. If the CITY denies or refuses to
consider a claim~ the CITY'S notification to be complainant of its
determination shall inform the complainant of its reasons and the applicable
procedures for obtaining review of the decision. If necessary~ such
notification shall be printed in a language other than English.
d__. Stages of Review.
(1) Request for Further Written Information. A complainant may
request the CITY provide him with a full written explanation of
its determination and the basis therefore~ if he feels that the
explanation accompanying the payment of the claim or notice of
the CITY's determination was incorrect or inadequate. The CITY
shall provide such an explanation to the complainant within
three weeks of its receipt of his request.
(2) Informal Oral Presentation. A complainant may request an
informal oral presentation before seeking formal review and
reconsideration. A request for an informal oral presentation
shall be filed within the period described in subsection (4) of
this section~ and within 15 days of the request the CITY shall
afford the complainant the opportunity to make such
presentation. The complainant may be represented by an attorney
or other parson of his choosing. This oral presentation shall
enable the complainant to discuss the claim with the Director of
Con~nunity Development or a designee (other than the person who
made the initial determination) having authority to
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revise the initial determination on the claim. The CITY shall
make a summary of the matters discussed in the oral presentation
to be included as part of its file. The right to formal review
and reconsideration shall not be conditioned upon requesting an
oral presentation.
(3) Written Request for Review and Reconsideration. At any time
within the period described in subsection (4)r a complainant may
file a written request for formal review and reconsideration. ~
The complainant may include in the request for review any
statement of fact within the complainant's knowledge or belief
or other material which may have a bearing on the appeal. If
the complainant requests more time to gather and prepare
additional material for consideration or review and demonstrates
a reasonable basis thereforr the complainant's request should be
granted.
(4) Time Limit for Requesting Review. A complainant desiring either
an informal oral presentation or seeking a formal review and
reconsideration shall make a request to the Director of
Community Development within eighteen months following the date
he moves from the property or the date he receives final
compensation for the propertyr whichever is later.
e. Formal Review and Reconsideration.
(1) General. The City Manager shall consider the request for formal
review and shall decide whether a modification of the initial
determination is necessary. This review shall be conducted by
the City Manager or an authorized, impartial designee. (The
designee may be a committee). A designee shall have the
authority to revise the initial determination or the
determination of a previous oral presentation. The City Manager
shall consider every aggrieved person's complaint regardless of
formr and shall, if necessary provide assistance to the claimant
in preparing the written claim. When a claimant seeks review,
the City Manager shall inform him that he has the right to be
represented by an attorney to present his case by oral or
documentary evidence to submit rebuttal evidencer to conduct
such cross-examination as may be required for a full and true
disclosure of facts and to seek judicial review once has has
exhausted administrative appeal.
(2) Scope of Review. The City Manager shall review and reconsider
its initial determination of the claimant's case in light of:
(a) All material upon which the CITY based its original
determination including all applicable rules and
regulationsr except that no evidence shall be relied upon
where a claimant has been improperly denied an opportunity
to controvert the evidence or cross-examine the witness.
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(b) The reasons given by the claimant for requesting review and
reconsideration of the claim.
(c__) Any additions written or relevant documentary material
submitted by the claimant.
(~) Any further information which the City Manager in his
discretion~ obtains by request~ investigation~ or research,
to ensure fair and full review of the claim.
(3) Determination on Review.
(a__! Tne determination on review by the CITY shall include~ but
is not limited:
(i) The City Manager's decision on reconsideration of
the claim.
(ii) The factual and legal basis upon which the decision
rests, including any pertinent explanation or
rationale.
(iii) A statement to the claimant of the riqht to further
administrative appeal to the Relocation Appeals
Board and then to the City Council. After City
Council decision, a statement to the claimant that
administrative remedies have been exhausted and
judicial review may be sought.
(b) The determination shall be in writing with a copy provided
to the claimant:
(4) Time Limits.
(a) The CITY shall issue its determination of review as soon as
possible but no later than 6 weeks from receipt of the last
material submitted for consideration by the claimant or the
date of the hearing, whichever is later.
(b) In the case of complaints dismissed for untimeliness or for
any other reason not based on the merits of the claim~ the
CITY shall furnish a written statement to the claimant
stating the reason for the dismissal 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
hearing whichever is later.
f. Refusals to Waive Time Limitation. Whenever the CITY rejects a
request by a claimant for a waiver of the time limits provided in
section 16~ a claimant may file a written request for review of this
decision in accordance with the procedures set forth in subsections d
and e~ except that such written request for review shall be filed
within 90 days of the claimant's receipt of the CITY's determination.
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g. Extension of Time Limits. The time limits specified in subsection d
may be extended for good cause by the CITY.
h__. Review of Files by Claimant. Except to the extent the
confidentiality of material is protected by law or its disclosure is
prohibited by law the CITY shall permit the claimant to inspect all
files and records bearing upon his claim or the prosecution of the
claimant's grievance. If a claimant is improperly denied access to
any relevant material bearing on the claim~ such material may not be
relied upon in reviewing the initial determination.
i__. Effect of Determination on Other Persons. The principles established
in all determinations by the CITY shall be considered as precedent
for all eligible persons in similar situations regardless of whether
or not a person has filed a written request for review. All written
determinations shall be kept on file and available for public review.
j. Right to Counsel. Any aggrieved party has a right to representation
by legal or other counsel at his expense at any and all stages of the
proceedings set forth in these subsections.
k. State of Displacement Pending Review. If a complainant seeks to
prevent displacementr the CITY shall not require the complainant to
move until at least 20 days after it has made a determination and the
complainant has had an opportunity to seek judicial review. In all
causesr the CITY shall notify the complainant in writing 20 days
prior to the proposed new date of displacement.
1. Joint Complainants. Where more than one person is aggrieved by the
failure of the CITY to refer them to comparable permanent or adequate
temporary replacement housing the complainants may join in filing a
single written request for review. A determination shall be made by
the CITY for each of the complainants.
m__i. Judicial Review. Nothing in this section shall in any way preclude
or limit a claimant from seeking judicial review of a claim upon
exhaustion of his administrative remedies. The provisions of Code of
Civil Procedure Section 1094.6 are hereby made applicable to any
appeal filed hereunder. A petition for a writ of mandate pursuant to
Code of Civil Procedure Section 1094.5 shall be filed no later than
the 90th day following the City Council's final decision.
31. Acquisition Guidelines.
a. The purpose of this section is to set forth the guidelines to be
followed with respect to acquisition of real property by the City.
The City shall, to the greatest extent practicable, be guided by
these guidelines.
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b. Acquisition.
(1) The CITY shall make every reasonable effort to acquire property
by negotiation and to do so expeditiously.
(2) Before negotiations are initiated, the CITY shall
(a) Have the property appraised, giving the owner or his
representative designated in writing an opportunity, by
reasonable advance written notice~ to accompany the
appraiser durin~ the inspection of the property.
(b) If the owner of real property is also the owner of a
business conducted on the real property to be acquired or
on the remainder~ inform him of his possible right to
compensation for loss of goodwill. The CITY should include
a copy of the pertinent provisions of the Eminent Domain
Law.
(c) Establish an amount it believes to be just compensation for
the property~ which amount shall~ in no eventF be less than
the CITY's approved appraisal of the fair market value of
the property as improved.
(3) The determination of Dust compensation shall be based upon
consideration of
(a) The real property being acquired;
(b) Where the real property acquired is part of a lar~er
parcel~ the inDury, if any~ to the remainder, and
(c) Loss of goodwill~ where the ~ner of the real property is
also the owner of a business conducted upon the property to
be acquired or on the remainder and where the provisions of
the Eminent Domain Law pertaining to compensation for loss
of goodwill are satisfied. Goodwill consist of the
benefits that accrue to a business as a result of its
location~ reputation for dependabilityF skill or quality,
and any other circumstances resulting in probable retention
of old or acquisition of new patronage.
(4) As soon as possible after the amount of Dust compensation is
established~ the CITY shall offer to acquire the property for
the full amount so established and shall provide the owner with
a written statement of the basis for determination of just
compensation. The statement shall include the following:
(a) A general statement of the public use for which the
property is to be acquired.
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(b) A description of the location and extent of the property to
be taken~ with sufficient detail for reasonable
identification~ and the interest to be acquired;
(c) An inventory identifying the buildings~ structures,
fixtures~ and other improvements;
(d) A recital of the amount of the offer and a statement that
such amount
(i) is the full amount believed by the CITY to be just
compensation for the property taken;
(ii) is not less than the approved appraisal of the fair
market value of he property as improved;
(iii) Disregards any decrease or increase in the fair
market value of the real property to be acquired
prior to the date of valuation caused by the public
improvement for which the property is to be acquired
for such public improvement~ other than that due to
physical deterioriation within the reasonable
control of the owner or occu~ant~ and
(iv) Does not reflect any consideration of or allowance
for any relocation assistance and payments or other
benefits which the owner is entitled to receive
under an agreement with the CITY~ except for an
amount to compensate the owner for that pertion of
loss of goodwill provided in accordance with Section
22(g).
(e) If the real property is a pertion of a larger parcel~ the
statement shall include an apportionment of the total
estimated just compensation for the partial acquisition
between the value of the property being taken and the
amount of damage, if any~ to the remainder of the larger
parcel from which such property is taken.
(f) If the owner of the real property to be acquired is also
the owner of a business conducted upon the property or the
remainder~ the statement shall include an indication of the
amount of compensation for loss of goodwill.
(5) At the initiation of negotiations, the CITY shall provide
written notification to the owner of a business conducted on the
real property to be acquired or on the remainder~ who is not
also the o~er of the real property, concerning his possible
right to compensation for loss of goodwill. The CITY should
include a copy of the pertinent provisions of the Eminent DOmain
Law.
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(6) (a) If after receiving the CITY's offerr the owner requests
additional information regarding the determination of just
compensation, the CITY shall provide the following
information to the extent that the determination of just
compensation is based thereon:
(i) The date of valuation used.
(ii) The highest and best use of the property.
(iii) The applicable zoning.
(iv) Identification of some of the salesr contracts to
sell and purchaser and lease supporting the
determination of value.
(v) If the property is a pertion of a larger parcelr a
description of the larger parcelt with sufficient
detail for reasonable identification.
(b) With respect to each saler contract~ or lease provided in
accordance with (1)(D) above~ the following data should be
provided:
(i) The names and business or residence addresses~ if
known, of the parties to the transaction.
(ii) The location of the property subject to the
transaction.
(iii) The date of transaction.
(iv) The price and other significant terms and
circumstances of the transactionr if known~ in lieu
of stating th other terms and circumstancesr the
CITY mayr if the document is available for
inspection~ state the place where and the times when
it is available for inspection.
(c) The requirements of this subsection do not apply to requests
made after an eminent domain proceeding is commenced.
(7) Whenever a part of a parcel of property is to be acquired by the
CITY for public use and the remainderr or a portion of the
remainder~ will be left in such size~ shape or condition as to
constitute an uneconomic remnant~ the CITY shall offer to
acquire the remnant if the owner so desires. For the purposes
of these Guidelinesr an "uneconomic remnant" shall be a parcel
of real property in which the owner retains an interest after
partial acquisition of his property and which has little or no
utility or value to such owner.
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(8) Nothing in this section shall be construed to deprive a tenant
of the right to obtain payment for his property interest as
otherwise provided.
(9) (a) Prior to corc~nencement of an eminent domain proceeding~ the
CITY shall make reasonable efforts to discuss with the
owner its offer to purchase the owner's real property. The
~ner shall be given a reasonable opportunity to present
material which he believes to be relevant as to the
question of vaue and to suggest modification in the
proposed terms and conditions of the purchase, and the CITY
shall carefully consider the owner's presentation.
(b) Prior to co~nencement of an eminent domain proceeding~ if
the evidence presented by an owner or a material change in
the character or condition of the property indicates the
need for a new appraisal or if a significant delay has
occurred since the determination of just compensation~ the
CITY shall have its appraisal updated. If a modification
in the CITY's determination of just compensation is
warranted, an appropriate price adjustment shall be made
and the new amount determined to be just compensation shall
be promptly offered in writing to the ~ner.
(10) (a) In no event shall the CITY either advance the time of
condemnation, or defer negotiations or condemnation on the
deposit of funds in court for the use of the owner, or take
any other action coercive or misleading in nature~ in order
to compel or induce an agreement on the price to be paid
for the property.
(b) If any interest in property is to be acquired by exercise
of the power of eminent domain~ the CITY shall promptly
institute formal condemnation proceedings. The CITY shall
promptly institute formal condemnation proceedings. The
CITY shall not intentionally make it necessary for an owner
to institute legal proceedings to prove the fact of the
taking of this real property.
(c) Notice of Decision to Appraise. The CITY shall prove the
owner with written notice of its decision to appraise the
real property as soon as possible after the decision to
appraise has been reached. The notice shall state~ as a
minimum, that:
(1) A specific area is being considered for a particular
public use;
(2) The owner's property has been determined to be located
within the area; and
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(3) The owner's property~ which shall be generally
described, may be acquired in connection with the
public use.
d~_t. Time of Offer. The city shall make its first written offer
as soon as practicable following service of the Notice of
Decision to Appraise.
e_~. Notice of Land Acquisition Procedures.
(1) At the time the CITY notifies an owner of its decision to
appraise real property~ it shall furnish the owner a written
explanation of its land acquisition procedures~ describing in
non-technicalF understandable terms~ the CITY's acquisition
procedures and the principal rights and options available to the
owner.
(2) The notice shall include the following:
(a) A description of the basic objective of the public entity's
land acquisition program and a reference to the
availability of the CITY's statement covering relocation
benefits for which an owner-occupant may be eligible;
(~) A statement that the owner or his representative designated
in writing shall be given the opportunity to accompany each
appraiser during his inspection of the property;
(c) A statement that if the acquisition of any part of real
property would leave the owner with an uneconomic remnant
as defined in subsection b.(7)~ the CITY will offer to
acquire the uneconomic remnant, if the owner so desires;
(d) A statement that if the owner is not satisfied with the
CITY's offer of just compensation, he will be given a
reasonable opportunity to present relevant material~ which
the CITY will carefully consider and that if a voluntary
agreement cannot be reached~ the CITY~ as soon as pessible,
will either institute a formal condemnation proceeding
against the property or abandon its intention to acquire
the property~ giving notice of the latter as provided in
subsection f.
(~) A statement that construction or development of a project
shall be so scheduled that no person lawfully occupying
real property shall be required to move from a dwelling
(assuming a replacement dwelling as required by these
Guidelines will be available) or to move his business or
farm operation without at least 90 days written notice from
the CITY of the date by which the move is required; and
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(f) A statement that~ if arrangements are made to rent the
property to an owner or his tenant for a short term or for
a period subject to termination by the CITY on short
notice~ the rental will not exceed the lesser of the fair
rental value of the property to short term occupier or the
pr° rata portion of the fair rental value for a typical
rental period.
If the owner or tenant is an occupant of a dwellings. the
rental for the dwelling shail be within '~is' financial means.
!.g) Notice of CITY'S decision Not to Acquire. Whenever the
CITY which has forwarded a Notice of Decision to Appraise
or has made a firm offer subsequently decides not to
acquire the property, the public entity shall serve a
notice in writing on the owner, all persons occupying te
property and ~11. other persons potentially eligible for
relocation payments and assistance. This notice shall
state that the public entity has decided not to acquire the
property. It shall be served .not later than 10 days
following the date of the CITY'S decision not to acquire.
(h) Incidental Expenses. I~ the real property is acquired by
purchase~ the CITY shall. p~y all reasonable expenses
incident to transfer. Among the expenses requiring payment
are: recording feest transfer fees and similar expenses
incident to the conveyance of real property~. an~ the pro
rata partion of charges for public service such as water~
sewage and trash collection which are allowable to a period
subsequent to the date of transfer of title to the CITY or
the effective date of possession of such property by the
public entity, whichever is earlier. The CITY shall inform
the owner that he may apply for a rebate of the pro rata
portion of any real property taxes paid.
(i) Short Term Rental.
(1) If the CITY 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 CITY on short notice~ the
amount of rent required shall not exceed the lesser of the fair
rental value to a short term occupier or the pro rata partion of
the fair rental value for a typical rental period.
If the owner or tenant is an occupant of a dwelling~ the rental
for the dwelling shall be within his financial means.
(2) A post-acquisition tenant who occupancies real property acquired
on a rental basis for a short term and who is informed that the
property has been acquired for a public use shall be given not
less than 30 days notice of termination of the tenancy.
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(D) Public Information. The purchase price and other
consideration paid by the CITY is public information and
shall be made available upon request.
(k) Service of Notice. Service of all notices required BY this
section shall be made either by first class mail or by
Rersonal service upon the person t0 be notified.
(1) Nonpossessory Interestt Exception. The provision of subsections
b(.2)(3.)(4.)(d)t and (6) and e shall not apply to the acquisition
of any easementt right of wayt covenant or other non-possessory
interest in real property to be acquired for the construction,
reconstruction, alteration, enlargement, .maintenancet renewal
repair or replacement of sub-surface sewers, waterlines or
appurtenancet drainst.' septic tankst or storm water drains.
32. Property Offered for Sale, Exception.
a._~. The requirement to provide relocation assistance and benefits imposed
by these Rules shall not apply to a purchase of property which is
offered for sale by the ownert property being sold at execution or
foreclosure salet or property being sol~ pursuant .to Court order. or
under court supervision if the property is any .of the foregoing
situations is either occupied by the owner or is unoccupiedt and if
the offer for sale is not induced by CITY dispesitiont planned
condemnationt or redevelopment of surrounding landst and if. the sales
price is fair market value or lesst as determined by a qualified
appraiser, and if no federal funds are ..involved in th~ acquisition,
construction, or project development. "Offered for sale" means
either advertised for sale in a publication of general circulation
published at least once a week or listed with a licensed real estate
broker and .published in a multiple listingt pursuant to Section 1087
of the Civil Code.
b_~. At the time of making an offer to acquire property under subdivision
at the CITY shall notify the property owner in writingt of the
following:
(1) The CITY'S plans for developing the property to be acquired or
the surrounding property.
(2) Any relocation assistance and benefits provided pursuant to
state law which the property owner may be forgoing.
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