HomeMy WebLinkAbout1992-11-24 - RESOLUTIONS - RELOCATION ASSISTANCE RULES (2)RESOLUTION NO. 92.221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, ADOPTING RELOCATION
ASSISTANCE RULES AND GUIDELINES
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Clarka does hereby find, determine and
declare that:
a. The California Relocation Assistance Law (Government Code Section 7260 et. seq.) and
the guidelines adopted by the California Department of Housing and Community
Development pertaining thereto need to be Interpreted and Implemented In a manner
which ensures that relocation payments and assistance will be administered properly
to persons and businesses displaced as a result of the acquisition by the City of Santa
Clarita of real property within City boundaries.
SECTION 2. Based on the findings set forth In Section 1 of this resolution, the City Council
of the City of Santa Clarks hereby adopts the attached Relocation Assistance Rules and Guidelines.
SECTION 3. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 24th day of NovPvtrr
i-- 1992.
ATTEST:
JIII KI c, Mayor
�w
4oLnn. M. G Indey, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, Donna M. Grindey, DO HEREBY CERTIFY that the above and foregoing Resolution was duly
adopted by the City Council of the City of Santa Clarity at a regular meeting thereof, held on the
29th day of November 1992 by the following vote of Council:
AYES: COUNCILMEMBERS: Boyer, Darcy, Heidt, Pederson,Klajic
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Ike
nna M. Gdndey
City Clerk
M&NE92.22IMS
THE CITY OF SANTA CLARITA
INFORMATIONAL STATEMENT FOR BUSINESSES TO BE DISPLACED
I. GENERAL INFORMATION
The City of Santa Clarita ("City") has decided to implement a
plan for the improvement of the area in which you are presently
located. That plan requires the City to acquire certain
properties including the one in which you are located. The City
has employed the consultant firm of ,
to administer its relocation activities.
Please be advised that is acting in the
capacity of an advisory relocation agent.
makes recommendations, based upon the individual circumstances
which relate to your business and the potential relocation
benefits which are available. Actual reimbursement for any and
all incurred expenses require the authorization and approval of
the City.
The following information will be helpful to you in determining
your eligibility and the amount of your relocation benefits. We
suggest you save it for reference. Whereas City acquisition of
the property which you occupy may result in your displacement, if
you lawfully occupy the property, you will not be required to
move without at least 90 days written notice from the City.
II. ELIGIBILITY REQUIREMENTS
You may be eligible for relocation benefits under the following
conditions:
1. The City acquires (obtains title to) or obtains the
right to possession of property in which you are
located; and/or,
2. You receive a written order from the City to vacate
property which you occupy.
If you are otherwise eligible for relocation
payments, you could disqualify yourself from
assistance and payments by moving too soon.
please call your representative with
will set up an appointment with you.
assistance and
some or all of the
If you are in doubt,
, who
Payment may be made for reasonable and necessary moving expenses
and any actual direct loss of property for which no other
reimbursement or compensation has been made. If eligible,
payments will be made as follows:
1. A payment for actual moving costs for moving tangible
personal property and business inventory (for a
distance of not more than 50 miles);
Actual moving expenses include packing, crating of
personal property (and business inventory), obtaining
bids, insurance, disconnecting, dismantling, removing,
reassembling, reconnecting, and reinstalling personal
property, including telephones, subject to City review
and approval. Any other categories of relocation
entitlements must be approved by the City on a case-by-
case basis.
2. A payment for direct loss of personal property, not to
exceed the estimated reasonable expenses of moving such
property.
If the business is going to make a claim for property
loss, it is first necessary to determine the fair
market value of the property for continued use at its
present location. It may be necessary to obtain an
appraisal from a qualified appraiser. A valid attempt
must then be made to sell the personal property. The
appraisal fees, mover's estimate, auctioneer's fees,
sales commissions and advertising costs are all
expenses of the sale.
The amount of the property loss is the amount of the
appraised value, less the amount received from the sale
of the property, however not to exceed the estimated
moving expenses. The personal property which remains
unsold and which is being claimed as a property loss,
shall become the property of the City.
3. Searching for a Replacement Location:
A relocation payment for costs incurred in searching
for a replacement location may include actual
reasonable expenses not to exceed $1,000. Searching
expenses may include:
a. Transportation expenses within a radius of 50
miles;
b. Meals and lodging while away from home;
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C. An amount to cover the reasonable time spent
searching, based on the hourly wage rate of a
business concern's representative, but not to
exceed $10.00 per hour;
d. Reasonable fees paid to a real estate agent or
broker to locate a replacement business site.
4. Cost of Printing:
An amount for printing a reasonable supply of printed
matter to replace that made obsolete as a result of the
move may be compensable as a moving expense.
5. Business Reestablishment Payment:
An eligible displaced business which actually
reestablishes at a new location is entitled to
consideration for a payment in an amount not to exceed
$10,000, identified as a "Business Reestablishment
Payment". This payment is subject to the individual,
unique circumstances of each eligible business
enterprise. Specific categories which may be
considered for application should be discussed with
your representative. The total of
all expenses which may be approved under this category
may not exceed a combined total of $10,000.
Please remember, if you elect to apply for a "Payment in Lieu of
Moving and Related Expenses", as described in Section VII below,
you are not eligible for consideration of compensation or
reimbursement for any expenses described in this Section III.
The business being displaced must notify the relocation staff, in
writing, of their intention to move at least 30 days prior to the
date of the move. Included within this notification should be
the address of the new location and the following information:
1. Listing of all items and quantities to be moved;
2. Type of move planned - self move or contracted move;
3. Scope of services to be involved - packing, crating,
cartage, electrical, plumbing, carpentry, etc.,
including the descriptions of all work to be done in
each category.
The business being displaced should obtain assistance
from the relocation staff in preparing this information
and bid documents as bids will requirement City
,58.1 -3-
approval. All bids received from bidders must be
submitted at least 15 days prior to the commencement of
the move. To assure eligibility under the relocation
program, any and all incurred expenses should be
reviewed with your Relocation Representative prior to
your committing to incur expenses. The City must
authorize eligibility to confirm the approval of your
relocation entitlements.
If the total cost of the move, or of any separately identified
category of service involved in the move, is estimated to cost
$3,000 or more, sealed bids must be requested from the
contractors unless special arrangements are made. Each bid must
specify the precise scope of work to be covered.
After review and approval of bids, the City will give the
business an authorization to proceed to incur moving expenses.
The payment made by the City will be in accordance with the work
actually authorized and completed and will not exceed the amount
of the low bid in each category of work.
Payment by the City will be made after the filing of a properly
documented claim by the business and after inspection of the
completed work by the City.
VI. SELF MOVE
A self move may be made, however, the cost may not exceed that of
the low bid by a moving company. Information regarding the
filing of a self move claim will be given to you by your
relocation representative. Additionally, a
self move will require written authorization from the City or
their representative prior to the move being accomplished.
VII. PAYMENT IN LIEU OF MOVING AND RELATED EXPENSES
A payment in lieu of moving and related expenses may be made to a
business that elects to receive such payments if the eligibility
requirements for this alternative relocation payment are met.
Additionally, the following requirements are necessary for
application under this program. To establish eligibility, please
contact your representative.
1. The business cannot be relocated without a substantial
loss of its existing patronage;
2. The business or non-profit
a commercial enterprise or
establishment which is not
i8.1 -4-
organization is not part of
organization having another
being acquired for the
project, and which is engaged in the same or similar
business or activity;
3. The business annually grosses earnings in excess of
$2,000; OR the annual net earnings are in excess of
$1,000; OR the annual earnings contribute at least 33-
1/3 percent of total income to the owner.
Amount of Payment
A payment in lieu of moving and related expenses shall be
equal to the average annual net earnings of the business
concern, but not less than $1,000 nor more than $20,000.
Payment to a non-profit organization which does not operate
for profit shall be in the amount of $2,500.
Average Annual Net Earnings
Average Annual Net Earnings generally shall be computed on
the basis of the net earnings of the business before
federal, state and local income taxes during the two taxable
years preceding the taxable year in which displacement
occurs, and include salaries, wages or other compensation
paid by the business to the owner, his spouse or his
dependents.
A person whose sole business at the displacement dwelling is
the rental of the property to others does not qualify for a
payment under this section.
Remember, when you elect to take the in -lieu payment, you
are NOT entitled to reimbursement for any other moving
expenses as described in Section III above.
VIII. OTHER IMPORTANT INFORMATION
have been employed by the City to assist
you in locating a new business site and filing your relocation
claims.
, on behalf of the City, will provide
relocation advisory assistance to all business concerns and non-
profit organizations to be displaced by the project. The
assistance shall include consultations with the owner or operator
to determine the needs, in addition to current and continuing
information on the availability of relocation sites. Claims for
moving expenses and/or actual direct losses of property and/or in
lieu payments must be submitted within eighteen (18) months of
the move.
_'sa.1 -5-
IX. RENTAL AGREEMENT
After the City acquires the property in which you are located you
will become a tenant of the City, and must continue to pay rent
for the space occupied by your business. You will be required to
sign a rental agreement stating the amount of your rent and the
conditions under which you may occupy the building.
X. EVICTION POLICY
Eviction proceedings shall be kept to a minimum and instituted
only for the following reasons:
1. Failure to pay rent;
2. Use of the premises for illegal purposes and/or
maintaining a nuisance;
3. Committing a material violation of the rental
agreement;
4. Refusal to accept one of a reasonable number of offers
of accommodations meeting City or State relocation
standards;
5. Continued refusal to admit or cooperate with the City
or other members of the City staff;
6. Situations requiring eviction under State and/or local
law.
XI. APPEALS PROCEDURE - GRIEVANCES
Any person aggrieved by a determination as to eligibility for a
relocation payment, or the amount of a payment, may have their
claim reviewed or reconsidered in accordance with the established
appeals procedure. Complete details on appeals procedure is
available upon request from the City of Santa Clarita.
RELOCATION ASSISTANCE RULES AND GUIDELINES
OF THE
CITY OF SANTA CLARITA
THE CITY OF SANTA CLARITA
23920 Valencia Boulevard, Suite 300
Santa Clarita, California 91355
3.2
1. (100 )
GENERAL . . . . . . . . . . . . . . . . . .
. 1
A.
(101)
PURPOSE AND INTENT . . . . . . . . . .
. 1
B.
(102)
EXTENT OF RELOCATION PAYMENTS . . . . .
. 1
C.
(103)
AUTHORITY AND APPLICABILITY . . . . . .
. 2
D.
(104 )
DEFINITIONS . . . . . . . . . . . . . .
. 2
E.
(105)
CITIZEN PARTICIPATION . . . . . . . . .
. 15
F.
(106)
PRIORITY OF FEDERAL LAW . . . . . . . .
. 15
G.
(107)
SEVERABILITY . . . . . . . . . . . . .
. 16
H.
(108)
AMENDMENTS . . . . . . . . . . . . . .
. 16
II. (200)
RELOCATION ASSISTANCE ADVISORY PROGRAM . . .
. 17
A.
(201)
ADVISORY ASSISTANCE TO BE PROVIDED BY
THE City . . . . . . . . . . . . . . .
. 17
B.
(202)
ELIGIBILITY . . . . . . . . . . . . . .
. 18
C.
(203)
RELOCATION PLAN . . . . . . . . . . . .
. 19
D.
(204)
INFORMATIONAL PROGRAM . . . . . . . . .
. 20
E.
(205)
DETERMINATION OF RELOCATION NEEDS . . .
. 23
F.
(206)
TERMINATION OF RELOCATION ASSISTANCE .
. 26
G.
(207)
EVICTION . . . . . . . . . . . . . . .
. 27
III. (300)
RELOCATION PAYMENTS TO DISPLACED PERSONS . .
. 28
A.
(301)
GENERAL . . . . . . . . . . . . . . . .
. 28
B.
(302)
ACTUAL REASONABLE EXPENSES IN MOVING
29
C.
(303)
PAYMENTS IN LIEU OF ACTUAL REASONABLE
EXPENSES IN MOVING . . . . . . . . . . .
. 30
Y3.2
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D. (304) REPLACEMENT HOUSING PAYMENTS FOR
DISPLACED OWNER OCCUPANTS . . . . . . . . 31
E. (305) REPLACEMENT HOUSING PAYMENTS FOR
DISPLACED TENANTS AND OTHERS . . . . . . . 36
IV. (400)
RELOCATION PAYMENTS TO THE DISPLACED
BUSINESSES
. . . . . . . . . . . . . . . .
. 40
A.
(401)
ACTUAL REASONABLE MOVING EXPENSES . . .
. 40
B.
(402)
EXPENSES IN SEARCHING FOR A REPLACE-
EMENT SITE FOR THE DISPLACED BUSINESS
45
C.
(403)
ACTUAL DIRECT LOSSES OF TANGIBLE
PERSONAL PROPERTY OF THE DISPLACED
BUSINESS . . . . . . . . . . . . . . .
. 46
D.
(404)
BUSINESS REESTABLISHMENT PAYMENT . . .
. 47
E.
(405)
BUSINESS RENT DIFFERENTIAL SUBSIDY . .
. 49
F.
(406)
PAYMENTS IN LIEU OF MOVING AND
RELATED EXPENSES . . . . . . . . . . .
. 53
V. (500)
MOBILEHOMES . . . . . . . . . . . . . . . .
. 56
A.
(501)
PURCHASE OF MOBILEHOMES . . . . . . . .
. 56
B.
(502)
PARTIAL ACQUISITION OF MOBILEHOME
PARK . . . . . . . . . . . . . . . . .
. 56
C.
(503)
MOBILEHOMES AS REPLACEMENT DWELLINGS .
. 56
D.
(504)
COMPUTATION ON NEXT HIGHEST TYPE . . .
. 57
E.
(505)
RELOCATION ELIGIBILITY AND PAYMENTS .
. 57
VI. (600)
LAST RESORT HOUSING . . . . . . . . . . . .
. 58
A.
(601)
AUTHORIZATION; METHODS . . . . . . . . .
. 58
B.
(602)
NONDISCRIMINATION; AFFIRMATIVE
ACTION . . . . . . . . . . . . . . . .
. 58
C.
(603)
CONFORMITY WITH STATUTES AND
REGULATIONS . . . . . . . . . . . . . .
. 59
.,83.2
-11-
D.
(604)
MONITORING HOUSING PRODUCTION . . . . . .
59
E.
(605)
RETENTION OF BENEFITS UPON MOVE TO
LAST RESORT HOUSING . . . . . . . . . . .
59
F.
(606)
LAST RESORT HOUSING PAYMENTS . . . . . .
60
VII. (700)
APPEALS PROCEDURES AND ADMINISTRATIVE REVIEW
63
A.
(701)
NOTIFICATION OF CLAIMANT . . . . . . . .
63
B.
(702)
RIGHT OF REVIEW . . . . . . . . . . . . .
63
C.
(703)
REVIEW OF FILES . . . . . . . . . . . . .
65
D.
(704)
EFFECT OF DETERMINATION ON OTHER
PERSONS . . . . . . . . . . . . . . . .
. 65
E.
(705)
INTERPRETATION OF RULES AND
GUIDELINES . . . . . . . . . . . . . .
. 65
F.
(706)
RIGHT TO COUNSEL . . . . . . . . . . .
. 65
G.
(707)
JUDICIAL REVIEW . . . . . . . . . . . .
. 65
VIII. (800)
REQUIREMENTS PRIOR TO DISPLACEMENT . . . . . .
66
A.
(801)
NINETY DAY NOTICE . . . . . . . . . . . .
66
B.
(802)
PRIOR DETERMINATIONS . . . . . . . . . .
66
C.
(803)
USE OF TEMPORARY HOUSING . . . . . . . .
67
33.2 -111-
RELOCATION ASSISTANCE RULES AND GUIDELINES
Z. (100) GENERAL
A. (101) PURPOSE AND INTENT
The purpose of these Relocation Assistance Rules and
Guidelines ("Rules" herein) is to implement the
California Relocation Assistance Law (Government Code,
Section 7260 et seq.) and the Guidelines adopted by
the California Department of Housing and Community
Development. The intent is to provide consistent
relocation policies and procedures to ensure that
relocation payments and assistance provided by the
City of Santa Clarita (the "City") will be
administered in a fair, reasonable, and uniform manner
and to assure that payments will be made as promptly
as possible to persons and businesses displaced as a
result of the acquisition of real property within the
City.
B. (102) EXTENT OF RELOCATION PAYMENTS
Towards the goal of achieving the maximum number of
successful relocations, the City has adopted certain
supplemental relocation policies by these Rules which
augment state required relocation benefits (to wit, a
Business Supplement Payment Policy, and a Last Resort
Housing Policy). Eligibility for specific payments
under these supplemental policies shall be subject to
case-by-case determinations by the City and to binding
and limiting requirements established by the City. To
be eligible, displaced persons must, prior to their
move, receive written notification of such eligibility
from the City. Full documentation, as required by
these supplementary policies, must be provided to the
City in advance for a determination as to displaced
persons' eligibility for payments and the amount of
any such payments. When a displaced person assigns
representation to a third party, all requirements for
prior City determination of eligibility and for
submission of specified documentation remain in force.
Failure to comply with these requirements may result
in the displaced person's forfeiture of payments under
any of these supplementary policies.
In addition, the City may make any additional reloca-
tion payments to the fullest extent legally allowable
which in the City's sole and absolute opinion may be
reasonably necessary to carry out the purpose of a
plan for any Redevelopment Project. Such payments
383.2
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10
G
shall be subject to the availability of funds for such
purpose.
(103) AUTHORITY AND APPLICABILITY
These Rules are proposed to be adopted by resolution
of the City pursuant to Section 7267.8 (a) of the
California Government Code and are consistent with the
California Relocation Assistance and Real Property
Acquisition Guidelines as amended. They are
applicable to all displacement occurring after their
adoption by the City.
These adopted Rules and specifically, the supplemental
programs, are not intended to be applied retroac-
tively. However, at the City's sole discretion, on a
case-by-case basis, they may extend eligibility for
payment under the adopted supplemental programs when
an initiation of negotiations has been made and
displacement has not occurred.
(104) DEFINITIONS
1. Acquisition:
Obtaining ownership or possession of real
property by the City by purchase, eminent domain,
or any other lawful means.
Affordable Rent:
Rent not in excess of 25% of the gross income of
the occupant, person or family and not in excess
of market rent.
Average Annual Net Earnings:
One-half of the 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 of
displacement or such other period as may be
determined by the City or its designee to be more
equitable for establishing such earnings, and
includes salaries, wages, or other compensation
paid by the business or farm operation to the
owner, his spouse or his dependents during such
period. In the case of a corporate owner,
__383.2 -2-
earnings shall include any compensation paid to
the spouse or dependents of the owner of a
majority interest in the corporation. For the
purpose of determining majority ownership, stock
held by a husband, a wife and their dependent
children, shall be treated as one unit.
4. Business:
Any lawful activity, "lawful" being defined as in
compliance with the City of Santa Clarita
Municipal Code and all applicable state and
federal laws, except a farm operation, conducted
primarily:
a. 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;
b. For the sale of services to the public;
C. By a non-profit organization or association;
or
d. Solely for the purpose of Section 400 of
these Rules, 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 such a display is
located on the premises on which any of the
above activities are conducted.
For definition of "small Business" see this
section 104, subparagraph 34.
5. Business Premises:
The location occupied by a business to conduct a
lawful business activity.
6. City:
The City of Santa Clarita.
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7. Comparable Replacement Dwelling:
A dwelling which satisfies each of the following
standards:
a. Decent, safe and sanitary (as those terms
are defined in this section 104,
subparagraph 12) and functionally similar to
the acquired dwelling with respect to the
number of rooms, state of repair, habitable
living space and type and quality of
construction, but not lesser in rooms or
living space than necessary to accommodate
the displaced person.
b. In an area not subject to unreasonable
adverse environmental conditions from either
natural or man-made sources, and not
generally less desirable than the location
of the acquired dwelling with respect to
public utilities and public and commercial
facilities, and reasonably accessible to the
displaced person's present or potential
place of employment.
C. Available on the private market to the
displaced person and available to all
persons regardless of race, color, religion,
sex, marital status, or national origin in
the manner consistent with Title VIII of the
Civil Rights Act of 1968.
d. In the case of a displaced person who is a
renter, within the financial means of the
displaced person. A replacement dwelling is
within the financial means of a displaced
person if the rental cost (including
utilities) does not exceed 25% of the
person's average monthly income, or the
displaced person receives the maximum rental
assistance payment of $5,250.
In the case of a displaced person who is an
owner, a replacement dwelling is considered
within the financial means of a displaced
person if the purchase price of the
dwelling, including related increased
mortgage interest costs and other reasonable
__ 43.2 -4-
expenses, does not exceed the total of the
amount of just compensation provided for the
dwelling acquired, or the displaced person
receives the maximum replacement housing
payment of $22,500.
8. Condominium:
An estate in real property which consists of an
undivided interest in common in a portion of real
property coupled with a separate interest in
space called a unit, the boundaries of which are
described on a recorded final map, parcel map, or
condominium plan in sufficient detail to locate
all boundaries thereof. A "condominium" is more
particularly described in Sections 703 and
1351(f) of the California Civil Code.
Conventional Loan:
A promissory note secured by a trust deed or
mortgage made by a bank or savings and loan
association. A conventional loan is not insured
or guaranteed by an City of the state or federal
government.
10. Date of Acquisition:
The date the City obtains ownership and
possession of property by lawful means, i.e.,
conveyance and recordation of title, or Order for
Prejudgment Possession.
11. Date of Initiation of Negotiations:
The day on which the City makes its initial
written offer to the owner or the owner's
representative to purchase the real property for
a project for the amount determined to be just
compensation, or the day on which the City adopts
an Owner Participation Agreement, where
applicable.
12. Decent, Safe and Sanitary Dwelling:
Housing in sound, clean and weathertight
condition, in conformance with applicable state
and local building, plumbing, electrical, housing
j;a3.2 -5-
and occupancy codes, which meets the following
minimum standards:
a. Single -Family Dwellings, Apartments,
Condominiums
(1) Conforms with all applicable provisions
for existing structures that have been
established under state or local
building, plumbing, electrical, housing
and occupancy codes and similar
ordinances or regulations applicable to
the property in question.
(2) Has a continuing and adequate supply of
potable safe water.
(3) Has a kitchen or an area set aside for
kitchen use which contains a sink in
good working condition and connected to
hot and cold water, and a sewage
disposal system. The kitchen or
kitchen area shall have utility service
connections and adequate space for the
installation of a stove and
refrigerator.
(4) Has an adequate heating system in good
working order which will maintain a
minimum temperature in the living area
as conforms to local environmental
conditions.
(5) Has a bathroom, well -lighted and
ventilated and affording privacy to a
person within it, containing a lavatory
basin and a bathtub or shower stall,
properly connected to an adequate
supply of hot and cold running water,
and a flush water closet, all in good
working order and properly connected to
a sewage disposal system.
(6) Has provision for artificial lighting
for each room.
(7) Is structurally sound, in good repair
and adequately maintained.
(8) Each building used for dwelling
purposes shall have two safe
unobstructed means of egress leading to
safe open space at ground level. Each
dwelling unit in a multi -dwelling
building must have access either
directly or through a common corridor
to two means of egress to open space at
ground level. In buildings of three
stories or mores the common corridor on
each story must have at least two means
of egress.
(9) Every sleeping room shall contain not
less than 90 square feet of floor area
and at least one window opening to the
outside. If more than two persons
occupy the room, an additional 60
square feet of floor area shall be
required for each additional person.
Except for a married couple (unless
otherwise desired by the couple), and
children under 6 years of age, all
occupants of a sleeping room should be
of the same sex.
b. Light Housekeeping Rooms
(1) The standards for decent, safe, and
sanitary housing as applied to the
rental of sleeping rooms shall include
the minimum requirements contained in
subparagraphs (1), (4), (6), (7), and
(8) above, and the following:
(a) at least 90 square feet of
habitable floor space; and,
further, that occupancy of such
facility is limited to one person.
(b) lavatory and toilet facilities
that provide privacy, including a
door that can be locked if such
facilities are separate from the
room.
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13. Displaced Business:
Any business which qualifies as a displaced
person under Paragraph 14 below.
14. Displaced Person:
Any person who moves from real property, or who
moves his personal property from real property,
as a result of:
a. The acquisition of real property in whole or
in part, by the City or by any person having
an agreement with or acting on behalf of the
City; or
b. The receipt of a written notice from the
City to vacate the real property, or
C. The initiation of negotiations by the City
to acquire the real property.
d. The rehabilitation, demolition, or other
displacing activity as the City may
prescribe under a program or project
undertaken by the City, of real property on
which the person is a residential tenant or
conducts a business or farm operation, in
any case in which the City determines that
the displacement is permanent.
This definition shall be construed so that
persons displaced as the result of public action
receive relocation benefits in cases where they
are displaced as a result of an an agreement with
the City including, but not limited to, an owner
participation agreement, a disposition and
development agreement, or an acquisition carried
out by a private person for or in connection with
a public use where the City is otherwise
empowered to acquire the property to carry out
the.public use.
Except tenants or occupants of housing
available on a permanent basis by the
"displaced' person shall not include:
.� person who, at the time of the City's
of the real property, was not a tenant
.-.g3.z -8-
made
City, a
(1) any
acquisition
or
occupant in lawful possession of the real
property, and whose right of possession at the
time of moving arose after the date of the City's
acquisition of the real property and with
knowledge of such acquisition; or (2) unless
federal law or regulations require such a tenant
to be considered a displaced person, any
nonresidential tenant or occupant who moves as a
result of his breach of his tenancy agreement.
A utility which relocates its poles, posts,
wires, conduits, cables, pipes, lines and
necessary fixtures and equipment located in,
along, or under any public street, road or
highway as the result of activities in the
implementation of a redevelopment plan is not a
displaced person.
15. Dwelling:
The place of permanent or customary and usual
residence of a person, including a single family
dwelling, a single family unit in a two family
dwelling, multi -family or multipurpose dwelling
unit of a condominium or cooperative housing
project, nonhousekeeping unit, a mobilehome, or
any other residential unit which either is
considered to be real property under state law or
cannot be moved without substantial damage or
unreasonable cost. A residence need not be
decent, safe and sanitary to be a dwelling.
16. Economic Rent:
The amount of fair market rent a tenant or
homeowner would have to pay for a dwelling
similar to the acquired dwelling in a comparable
area.
17. Family:
Two or more individuals, one of whom is the head
of a household, who by blood, marriage, adoption
or mutual consent live together as a family unit.
Where two or more individuals occupy the same
dwelling with no identifiable head of household,
they shall be treated as one family for
replacement housing payment purposes.
.,383.2 -9-
18. Farm Operation:
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 such
products or commodities in sufficient quantity to
be capable of contributing materially to the
operator's support.
19. Gross Income:
The total annual income from all sources of each
member of a family residing in a dwelling who is
eighteen (18) years of age or older except that
income of a head of household or his or her
spouse who is under eighteen (18) years of age,
shall also be included. Gross income shall be
calculated on the basis of the 12 -month period
immediately prior to displacement. If the City
determines, on a case-by-case basis, that the use
of the 12 -month period prior to displacement
would result in a hardship to the claimant, an
alternate period, actual or projected, may be
used at the City's sole and absolute discretion.
20. Handicapped Households:
A household in which any member is handicapped or
disabled.
21. Incidental Expenses:
Necessary and reasonable costs actually incurred
by a displaced person for closing costs incident
to the purchase of a replacement dwelling and
legally required or customarily paid by a buyer,
as follows:
a. legal closing and related costs, including
those for title search, preparing conveyance
instruments, notary fees, preparing surveys,
and recording fees.
b. lender, FHA, or VA application and appraisal
fees.
C. loan origination or assumption fees that do
,383.2 -10-
not represent prepaid interest.
d. certification of structural soundness and
termite inspection, when required.
e. credit report.
f. owner's and mortgagee's evidence or
assurance of title; e.g., title insurance
not to exceed the costs for a comparable
replacement dwelling.
g. escrow agent's fee.
h. such other costs as the City determines to
be incident to the purchase.
22. Mobilehome:
A structure, transportable on a street or highway
under permit and pursuant to Section 35790 of the
vehicle Code in one or more sections, which is
built on a permanent chassis and designed to be
used as a dwelling with or without a permanent
foundation when connected to the required
utilities and includes the plumbing, heating, air
conditioning and electrical systems contained
therein. A self-propelled vehicle is not a
mobilehome. A mobilehome does not include a
recreational or commercial vehicle.
23. Mortgage:
Such classes of liens (including deeds of trust)
as are commonly given to secure advances on, or
the unpaid purchase price of, real property,
together with the credit instruments, if any,
secured thereby.
24. Nonprofit Organization:
a. A corporation organized under the provisions
of the Nonprofit Corporation Law of the
State of California (Corporation Code
Section 5000 et 9eq.); or
383.2 _11-
25.
26.
b. An entity organized as a nonprofit
organization under the laws of a state other
than California and qualified to do business
as a nonprofit organization in the State of
California; or
C. An unincorporated association or
organization of natural persons for
religious, scientific, literary,
educational, recreational, benevolent, or
other purpose not that of pursuing profit.
Notice of Intent to Displace:
A written Notice of Intent to Displace is issued
by the City to occupants within a reasonable
period of time subsequent to the City's
initiation of negotiations to purchase a
property. The Notice of Intent to Displace
establishes eligibility for relocation benefits
prior to acquisition by the City.
Owner:
For a dwelling, "owner" means a person who:
a. holds fee title, a life estate, a 50 -year
lease, or a lease with not less than 20
years (including options for renewals or
extensions) to run from date of acquisition;
b. holds a proprietary interest in a
cooperative housing project which includes
the rights of occupancy of a dwelling unit
therein;
C. is the contract purchaser of any of the
foregoing estates or interests;
d. has a leasehold interest with an option to
purchase, the exercise of which has not been
waived or barred; or
e. owns a mobile home which under state law is
determined to be real property, not personal
property.
,as.2 -12-
f. has succeeded to any of the foregoing
interests by devise, bequest, inheritance or
operation of law.
For a business, an "Owner" includes:
a. the sole proprietor of a sole
proprietorship;
b. the partners owning a majority interest in a
partnership;
C. the shareholders owning the majority of
issued shares in a corporation.
In determining the majority of partners and
shareholders, any shares or partnership owned by
a husband, wife and/or their dependents shall be
treated as one holding or unit.
27. Person:
Any individual, family, partnership, corporation,
association, or nonprofit organization.
28. Personal Property:
Tangible property which is situated on the real
property vacated or to be vacated by a displaced
person and which is considered noncompensable
(other than for moving expenses) under the
Eminent Domain Law of the State of California;
and,
In the case of a tenant, personal property"
includes fixtures and equipment, and other
property which may be characterized as real
property under state or local law, but which the
tenant may lawfully, subject to the City's prior
written authorization, determine to move, and for
which the tenant is not compensated in the real
property acquisition. In the case of an owner of
real property, the determination as to whether an
item of property is personal or real shall depend
upon how it is identified in the acquisition
appraisals and the closing or settlement
statement with respect to the real property
acquisition; provided, that no item of property
X63.2 -13-
which is compensable under state and local law to
the owner of real property in the real property
acquisition may be treated as tangible personal
property in computing actual direct losses of
tangible personal property.
29. Post Acquisition Tenant:
Any tenant who, after the Date of Acquisition,
lawfully enters into possession of said property
owned by the City.
30. Prepaid Expenses:
Items paid in advance by the seller of real
property and prorated between such seller and the
buyer of such real property at the close of
escrow including, but not limited to, real
property taxes, insurance, homeowners'
association dues and assessment payments.
31. Project Area:
The area included in any Redevelopment Plan
adopted by the City pursuant to Section 33000 of
the Health and Safety Code.
32. Reasonable Cost:
The reasonable cost of any item or service shall
be subject to the City's criteria for an
acceptable bid process. On a case-by-case basis,
the City may establish the number of competitive
bids required.
33. Senior Citizen:
A household in which the head of household or
spouse is 62 years of age or older.
34. Small Business:
A business having at least one but not more than
500 employees working at the site being acquired
or permanently displaced by a program or project.
35. Stated Mortgage Interest Rate:
--+33.1 -14-
The annual percentage rate on a loan secured by a
mortgage or deed of trust as set forth in the
mortgage, deed of trust or other security
instrument evidencing the loan.
36. Tenant:
A person or business who enters and lawfully
occupies premises, including a residential
dwelling, owned by another, with the express
permission of the owner and on a temporary basis.
A tenant need not have a written rental agreement
or lease to be a tenant.
E. (105) CITIZEN PARTICIPATION
Persons who will be displaced by a project and
neighborhood groups in the displacement area will be
encouraged to review the relocation plan (prepared in
accordance with the provisions of Section 203) and to
participate in monitoring the relocation program.
The City shall ensure public access to all documents
relevant to the relocation program. The City may,
however, restrict access to material where its
confidentiality is protected by law or its disclosure
is prohibited by law. The City shall also provide
technical assistance in interpreting the relocation
plan or other materials pertinent to the relocation
program.
The public shall have the right to submit written or
oral comments on the plan and to have these comments
attached to the plan when it is submitted to the City
for approval. The City shall reply promptly in writing
to any written objections to the plan.
F. (106) PRIORITY OF FEDERAL LAW
These rules and regulations are designed to serve as a
basis for administration of relocation activities
governed by state law. They are not intended to guide
relocation activities subject to federal requirements.
The City will provide a relocation program consistent
with provisions of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. Section 4601 et seal-.) as amended at the
---33.2 -15-
time of project implementation if the City undertakes
a project with federal financial assistance.
Therefore, the provisions of these rules and
regulations shall not apply if the City undertakes a
project with federal financial assistance and
consequently must provide relocation assistance and
benefits as required by federal law. If an obligation
to provide relocation assistance and benefits is not
imposed by federal law, the provisions of these rules
and regulations shall apply.
If a project is federally funded in whole or in part,
then the guidelines will be utilized only in areas
where they conform to the federal guidelines. In all
other instances the federal guidelines will prevail as
same or periodically amended.
G. (107) SEVERABILITY
If any provision of these rules and regulations or the
application thereof to any person or circumstances is
held invalid, such invalidity shall not affect other
provisions or applications of this law which can be
given effect without the invalid provision or
application, and to this end, the provisions of this
law are severable.
H. (108) AMENDMENTS
The City reserves the right to amend these rules,
regulations, procedures and policies at its sole
discretion, from time to time.
A. (201) ADVISORY ASSISTANCE TO BE PROVIDED BY THE City
The City shall provide relocation advisory assistance
to any person or business displaced because of the
acquisition of real property by the City to minimize
the hardship of displacement.
Relocation advisory assistance will:
1. Fully inform eligible persons within 15 days
following the initiation of negotiations for a
parcel, or as soon as practical within a
reasonable period of time, as to the availability
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.
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 current and continuing information on the
availability, prices, and rentals of comparable
sales and rental housings 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.
7. Assist each eligible displaced business in
locating a suitable replacement facility.
8. Provide any services required to insure that the
relocation process does not result in different
.- 1,3.2 -17-
or separate treatment on account of race, color,
religion, national origin, sex, marital status or
other arbitrary circumstances.
9. Supply 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. It
is recommended that, as needed, such assistance
include counseling and referrals with regard to
housing, financing, employment, training, health
and welfare, as well as other assistance.
11. Inform all persons who are expected to be
displaced about the eviction policies to be
pursued in carrying out the project, which
policies shall be in accordance with the
provisions of Section 207.
12. When a substantial number of persons will be
displaced and the relocation staff's office is
not easily accessible to those persons, the City
may, but is not required to,, establish one or
more appropriately equipped site office(s)-
B. (202) ELIGIBILITY
Relocation assistance and benefits shall be available
to:
1. Any person or business in lawful occupancy who
moves from real property, or who moves his
personal property from real property as a result
of City acquisition of such real property, in
whole or in part, or by any person having an
agreement with or acting on behalf of the City;
2. Any person or business in lawful occupancy who
moves from real property, or who moves his
personal property from real property as a result
.1332 -is-
of a written order from the City to vacate such
real property for public use; or,
3. Any person or business in lawful occupancy who
moves from real property, or who moves his
personal property from real property 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 City
is otherwise empowered to acquire such property
to carry out the public use.
C. (203) RELOCATION PLAN
1. As soon as possible following the initiation of
negotiations to acquire property or the adoption
of an owner participation agreement, and prior to
proceeding with any phase of a project or other
activity that will result in significant
residential displacement, the City shall prepare
a Relocation Plan and submit it to the City
Council. When the City's action will only result
in an insignificant amount of non-residential
displacement, the requirements of this section
need not be satisfied.
2. A Relocation Plan shall include the following:
a. a diagrammatic sketch of the project area.
b. projected dates of displacement.
C. 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.
d. a written analysis of relocation housing
resources
e, a detailed description of the relocation
advisory services program, including
specific procedures for locating and
referring eligible persons to comparable
replacement housing.
333.2 -19-
f. a description of the relocation payments to
be made (pursuant to Sections 300 and 400)
and a plan for disbursement.
g. a cost estimate for carrying out the plan
and identification of the source of the
necessary funds.
h. a detailed plan by which any last resort
housing is to be built and financed.
i. a standard information statement to be sent
to all persons to be displaced (as required
by Paragraph 3 of Section 204).
j. temporary relocation plans, if any.
k. a description of claim and payment
procedures.
1. plans for citizen participation.
M. the comments of the relocation committee, if
any.
n. a written determination by the City that the
necessary resources will be available as
required.
3. In the event of delay of implementation of the
relocation program, the plan shall be updated
annually.
D. (204) INFORMATIONAL PROGRAM
1. General Information
The City shall provide technical assistance as
necessary to interpret elements of the City's
Relocation Plan (or Rules), and other pertinent
materials.
2. Fifteen days following the initiation of
negotiations or as soon as practicable following
the initiation of negotiations to acquire a
parcel of real property or adoption of an owner
participation agreement by the City, the City
shall contact each eligible person occupying such
--383.2 -20-
property to carefully explain and discuss fully
with such person the extent of relocation
payments and assistance that may be made
available by the City. Such contact shall be
direct and personal except where repeated efforts
indicate that such contact is not possible. Such
contact may be made at the time and as part of
the interview to ascertain relocation needs
conducted pursuant to subparagraph 1 of section
201. The City shall maintain personal contacts
with occupants of the property to the maximum
extent practicable.
3. Information Statement - Relocation Assistance
As soon as practicable following the initiation
of negotiations to acquire a parcel of real
property or adoption of an owner participation
agreement by the City, the City shall provide
each occupant of such property with a written
statement containing the following information:
a. a statement that City action may result in
displacement, but that to the greatest
extent practicable, no person lawfully
occupying the real property will be required
to move without at least 90 days, written
notice from the City;
b. a statement to residents that families and
individuals will not be required to move
from their dwellings before reasonable
offers of decent, safe and sanitary and
otherwise comparable replacement dwellings
within their financial means have been made,
except under limited circumstances provided
for in these Rules and Regulations;
C. a general description of types of relocation
payments available, including general
eligibility criteria, and a caution against
premature moves that might result in loss of
eligibility for such payments;
d. identification of the City's relocation
program and a description of relocation
services and assistance that will be
available;
383.2 -21-
e. encouragement to visit the City's relocation
office and cooperate with staff, and the
address, telephone number and hours of the
relocation office;'
information to residents on replacement
dwellings, including;
(1) a brief description of what constitutes
a replacement dwelling, including
physical standards;
(2) a layman's description of applicable
federal, state and local fair housing
laws;
(3) a statement that the City will identify
available comparable replacement'
dwellings and will provide assistance
to persons in obtaining housing of
their choice, including assistance in
referring complaints of discrimination
to the appropriate federal, state or
local fair housing enforcement City;
(4) a statement that persons may seek their
own housing accommodations, and urging
them, if they do so, to notify the City
prior to making a commitment to
purchase or occupy the property so that
the City's representative can inspect
the unit.
g. a statement to businesses that the City will
provide assistance in locating relocation
accommodations, including consultation with
governmental agencies which might be of
assistance;
h. a statement to businesses describing the
requirement for prior notification to the
City of the business concern's intention to
move;
a summary of the City's eviction policy;
a3a -22-
j. a statement describing the City's grievance
procedure, its purpose and how it may be
used, and information concerning its
availability;
k. any additional information that the City
believes would be helpful.
Where appropriate, separate information
statements shall be prepared for residential and
non-residential occupants.
4. Language of Informational Material
Informational material shall be prepared in the
language(s) most easily understood by the
recipients. In displacement areas where there
are significant concentrations of persons who do
not read, write, or understand English fluently,
the native language of the people will be used
and all informational material will be provided
in the native language(s) and English.
Method of Delivery of Informational Material
To assure receipt of the informational material,
the City shall arrange to have the material
either hand -delivered to each business or head of
household in the property, with a request for a
written receipt, or sent by certified mail,
return receipt requested.
6. Notice of Eligibility Status
In addition to disseminating general information,
the City shall provide each business or head of
household with individual, written notification
of eligibility status as soon as practical after
such time as it has been established.
E. (205) DETERMINATION OF RELOCATION NEEDS
1. Interviews
As soon as practicable following the initiation
of negotiations to acquire a parcel of real
property, or the adoption of an owner
participation agreement, the City shall interview
__383.2 -23-
each eligible person occupying such property to
obtain information upon which to plan for housing
and other accommodations, as well as counseling
and assistance needs. The interview shall be by
direct, personal contact, except where repeated
efforts indicate that such contact is not
possible. The City shall carefully explain and
discuss fully with each person interviewed, the
purpose of the interview.
When a person cannot be interviewed or the
interview does not produce the information to be
obtained reasonable efforts shall be made to
obtain the information by other means.
a. Information to be Obtained
The City shall endeavor to obtain the
following information from eligible persons:
(1) Income;
(2) Whether a person is a senior citizen or
handicapped;
(3) Size of family;
(4) Age of children;
(5) Location of job and factors limiting
accessibility;
(6) Area of preferred relocation;
(7) Type of unit preferred;
(8) Ownership or tenant preference;
(9) Need for social and public services,
special schools and other services;
(10) Eligibility for publicly assisted
housing;
(11) With reference to the present dwelling;
(a) the rent;
--!832 -24-
(b) type and quality of construction;
(c) number of rooms and bedrooms;
(d) amount of habitable living space;
(e) locational factors including,
among others, public utilities,
public and commercial facilities
(including transportation and
schools) and neighborhood
conditions (including municipal
services).
(12) Such other matters that concern a
household as its members contemplate
relocation.
b. Coordination with Other Agencies
In order to avoid duplication of effort and
to ensure that necessary information is
available at the appropriate time, the City
shall coordinate its interview activities
with the survey activities, if any, of other
agencies. Gathering of data pertinent to
social service referrals of eligible persons
shall be planned in cooperation with social
service agencies.
C. Interview after Person moves without Notice
If the City fails to conduct the required
interview of any eligible person in a timely
and effective manner, the City shall make
every reasonable effort to identify, locate
and interview such person who has moved so
that his relocation needs can be determined.
The City shall offer such persons all
relocation assistance and benefits for which
they otherwise qualify and, in addition,
shall compensate such persons for all costs
occasioned by the City's failure to provide
timely notice and offers of relocation
assistance and benefits.
Walz -25-
2. Relocation Records
Based on information obtained during interviews
and from other sources as applicable, the City
shall prepare and maintain an accurate relocation
record for each person to be displaced. The
record shall contain a description of the
pertinent characteristics of the persons to be
displaced and the assistance deemed to be
necessary. A displaced person (or any person
authorized in writing by such person) shall have
the right to inspect such documents containing
information relating to him to the extent and in
the manner provided by law.
3. Updating Information
Information pertaining to the relocation needs of
eligible persons occupying each parcel of real
property with respect to which the City has
initiated negotiations for acquisition shall be
updated at least annually. Eligible persons
shall be encouraged to bring any change in their
needs to the attention of the City.
F. (206) TERMINATION OF RELOCATION ASSISTANCE
The City's relocation obligations cease under any of
the following circumstances:
1. A displaced person moves to a comparable
replacement dwelling and receives all assistance
and payments to which he is entitled; or,
2. The displaced person moves to substandard
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,
3. All reasonable efforts to trace a relocates have
failed; or,
4. A displaced business concern has received all
assistance and payments to which it is entitled
and has been successfully relocated or has ceased
operations; or,
3.2 -26-
5. A displaced business or person refuses reasonable
offers of assistance payments and/or comparable
replacement housing.
G. (207) EVICTION
Eviction from property acquired by the City shall be
undertaken only for one or more of the following
reasons:
1. Failure to pay rent, except in those cases where
the failure to pay is legally excused;
2. Performance of a dangerous, or illegal act in the
unit;
3. Material breach of the rental agreement and
failure to correct breach within 30 days after
notice;
4. Maintenance of a nuisance and failure to abate
within a reasonable time following notice;
5. Refusal to accept one of a reasonable number of
offers of replacement dwellings;
6. The eviction is required by state or local law
and cannot be prevented by reasonable efforts on
the part of the City;
7. Failure to vacate in accordance with an agreement
with the City;
8. Failure to obey a court order authorizing the
City entity to take possession; or
9. The building has structural defects existent at
the time of acquisition by the City.
43.2 -27-
III. (300) RELOCATION PAYMENTS TO DISPLACED PERSONS
A. (301) GENERAL
The City shall compensate a displaced person for the
expenses described in Sections 302 or 303 and if
eligible, Sections 304 or 305. A displaced person who
lives on his business property may be eligible for
both the payments described under this Article III and
the payments to a displaced business provided under
Article IV. A person who moves from his dwelling or
who moves his personal property therefrom because he
is displaced by the City from other real property on
which he conducts a business shall be eligible only
for payments provided for under Section 302 or 303.
Applications for benefits must be made within (18)
months from the date on which the displaced person
moves from the real property acquired, unless such
time is extended by the City Manager of the City or
his designee. Additionally, a special limitation for
residential owner occupants requires that they
purchase and occupy a decent, safe and sanitary
replacement dwelling within one year from the later of
the following:
1. The date the displaced person receives final
payment for the displacement dwelling, or in the
case of condemnation, the date the full amount of
estimated just compensation in deposited in
court.
2. The date the City fulfills its obligation to make
available at least one comparable replacement
dwelling to the displaced person.
However, the City may extend the period for good
cause. Also, the displaced owner and the City may
agree in writing that the displaced owner may remain
in occupancy of the acquired dwelling as a tenant of
the City 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
,'43.2 -28-
on which final payment was received for the acquired
dwelling from the City.
B. (302) ACTUAL REASONABLE EXPENSES IN MOVING
1. Allowable Moving Expenses
A displaced person shall be compensated for the
expenses incurred in moving individuals,
families, and personal property from the acquired
site to the replacement site, not to exceed a
distance of 50 road miles, except where the City
Manager of the City or authorized designee
determines that relocation beyond this 50 -mile
area is justified. Such moving expenses shall
include:
a. reasonable expenses for transportation of
the displaced person, family and personal
property from the acquired site to the
replacement site.
b. packing and unpacking, crating and uncrating
of the personal property of the displaced
person and his family.
C. storage of personal property for a period
not to exceed twelve (12) months in the
event the City determines that such storage
is necessary in connection with relocation.
d. insurance premiums covering the reasonable
replacement value of personal property for
loss or damage while in storage or transit.
e. property lost, stolen, or damaged in the
process of moving, where insurance to cover
such loss or damage is not available;
provided that such loss, theft, or damage is
not due to the fault or negligence of the
displaced person or his agents or employees
and any claim for such loss or damage is
supported by such documentation as may be
reasonably required to support the claim.
f. disconnection, removal, reconnection, and
reinstallation of appliances and similar
items of personal property not acquired as
.383.2 -29-
real property, including connection charges
(but not deposits) imposed by public
utilities for starting utility service.
C. (303) PAYMENTS IN LIEU OF ACTUAL REASONABLE EXPENSES
IN MOVING
Any displaced person who moves from a dwelling and who
elects to accept payments authorized by this Section
303 in lieu of the payments authorized by Section 302,
shall receive:
1. A moving expense allowance, according to an
established schedule, of a minimum of $225,
depending upon the number of rooms occupied and
amount of furniture to be moved. The City's
established moving schedule is as follows:
Occupant Owns Furniture
1
room
of
furniture:
$
250
2
rooms
of
furniture:
$
400
3
rooms
of
furniture:
$
550
4
rooms
of
furniture:
$
650
5
rooms
of
furniture:
$
750
6
rooms
of
furniture:
$
850
7
rooms
of
furniture:
$
950
8
rooms
of
furniture:
$1,050
Each additional room:
$
100
Occupant Does Not Own Furniture
First room: $ 225
Each additional room: $ 35
2. A person who has minimal personal possessions and
is in occupancy of a room shared by two or more
unrelated persons, or a person whose residential
move is performed by the City at no expense to
that person is only entitled to a maximum fixed
payment of $50.00.
3. If two or more displaced persons are joint
occupants of one dwelling unit and submit more
than one claim, an eligible claimant for a
payment under this Section 303 may be paid only
his reasonable prorated share (as determined by
383.2 -30-
the City) of the total payment applicable to a
single tenant. The total of the payments made to
all such claimants moving from the dwelling unit
shall not exceed the total payment allowed to be
made to a single tenant as provided in this
section.
D. (304) REPLACEMENT HOUSING PAYMENTS FOR DISPLACED OWNER
OCCUPANTS
1. Eligibility
In addition to the payments required by Sections
302 or 303, the City shall make a payment to a
displaced person whose real property is improved
with a dwelling actually owned and occupied by
the displaced person for not less than 180 days
prior to the date of initiation of negotiations
for the acquisition of the property.
The payment made pursuant to paragraph 2 of this
Section 304 shall be made only to a displaced
person who purchases a replacement dwelling, and
who occupies it within one year from the later of
the following:
a. the date on which final payment is received
from the City for the displacement dwelling
(or in the case of condemnations the date
the amount of estimated Just compensation is
deposited in the court),
b. the date the City fulfills its obligation to
make available at least one comparable
replacement dwelling.
Where for reasons of hardship and beyond the
control of such displaced person, such person is
unable to occupy the replacement dwelling within
the above time limit, the City or its designee
may waive this time limit, and grant a reasonable
extension. Additionally, to qualify for this
payment, the replacement dwelling must be
considered decent, safe and sanitary. For the
purposes of this Section 304, the leasing of a
condominium for a 50 -year period, or for a term
which exceeds the life expectancy of the
displaced person (as determined from the most
AM -31-
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 a
condominium.
A displaced person who is ineligible for a
replacement housing payment pursuant to the
requirements of this section may be eligible for
a replacement housing payment under Paragraph E
of Section 305.
2. Amount and Computation of Replacement Housing
Payment for Displaced Owner -Occupants
The total replacement housing payment to be made
to a displaced person shall not exceed Twenty-two
Thousand Five Hundred Dollars ($22,500.00), and
shall be comprised of payments set forth below:
a. Differential Payments
The City Manager of the City, or his
designee, shall determine the amount, if
any, which, when added to the acquisition
payment equals the reasonable cost
(including incidental expenses associated
therewith) of a comparable replacement
dwelling, provided that such amount shall
not exceed the difference between the
acquisition price of the acquired dwelling
and the actual purchase price of the
replacement dwelling. If the displaced
person voluntarily purchases and occupies a
decent, safe, and sanitary dwelling at a
price less than the acquisition price of the
acquired dwelling, no differential payment
shall be made. However, the displaced
person may receive compensation as provided
in subparagraphs b and c of this Section
304. The following methods may be used in
determining the differential payment:
(1) Schedule Method
The City may base its payments on a
schedule, which the City establishes,
of reasonable acquisition costs for a
;83.2 -32-
comparable replacement dwelling based
on a current market analysis sufficient
to support determinations of the amount
for the type of dwelling to be
acquired; or
(2) Comparative Method
The City may use a comparative method
on which to base its payment by
selecting a dwelling or dwellings most
representative of the dwelling unit
acquired, available to the displaced
person, and which meets the definition
of a comparable replacement dwelling.
A single dwelling shall be used only
when additional comparable dwellings
are not available; or
(3) Alternate Method
The City may develop criteria for
computing the replacement housing
payments where neither the schedule
method nor comparative method is
feasible.
b. Increased Mortgage Interest Payment
The City Manager of the City or his
designee, shall determine 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 City 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
--383.2 -33-
acquired dwelling, and the lesser of the
remaining term on the acquired dwelling or
the actual term of the new mortgage. The
present value of the increased interest
costs shall be computed based on the lesser
of the prevailing interest rate or the
actual interest rate on the replacement
property. The amount shall also include
other reasonable debt service costs incurred
by the displaced owner.
For the purposes of this subdivision, if the
replacement dwelling is a mobilehome, the
term "mortgage" 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.
C. Incidental Expense Payment
The City, or its designee, shall determine
the amount, if any, necessary to reimburse a
displaced person for actual reasonable
expenses incurred by the displaced
owner -occupant incident to the purchase of a
replacement dwelling. Such costs may
include the following:
(1) legal closing and related costs,
including those for title search,
preparing conveyance instruments,
notary fees, preparing surveys, and
recording fees.
(2) lender, FHA, or VA application and
appraisal fees.
(3) loan origination or assumption fees
that do not represent prepaid interest.
(4) certification of structural soundness
and termite inspection, when required.
(5) credit report.
.,363.2 -34-
(6) owner's and mortgagee's evidence or
assurance of title; e.g., title
insurance not to exceed the costs for a
comparable replacement dwelling.
(7) escrow agent's fee.
(8) such other costs as the City determines
to be incidental to the purchase.
In order to be considered for this type of
payment, the claimant shall furnish proof of
payment of actual incurred expenses in the
form of a certified copy of the closing
escrow statement showing separate items,
receipts or statements, and/or cancelled
checks.
3. Displaced Persons Who Are Joint Owner -Occupants
of a Dwelling
The total amount of the replacement housing
payment to be made to displaced persons who were
joint owner -occupants of a dwelling acquired by
the City shall be limited to the total amount of
the payment applicable for an individual under
Paragraph 2 of Section 304. Such joint
owner -occupants may be paid only their respective
reasonable prorated share of the total payment
applicable for an individual.
4. Replacement Housing Payments for Displaced Owner -
occupants - Special Exemption
The City, at its sole discretion, may make a
determination to waive the calculation procedures
for a Replacement Housing Payment of up to
$22,500. However, the requirement for owner
occupant eligibility, including the 180 day
occupancy prior to initiation of negotiations,
must be fulfilled. The City Manager of the City
or his designee, in compliance with Section B 102
- Extent of Relocation Payments, may make a
determination that the $22,500 maximum payment
will be approved subject to the consummation of
an acquisition agreement which finalizes the
City's acquiring the property.
..i 63.2 -35-
E. (305) REPLACEMENT HOUSING PAYMENTS FOR DISPLACED
TENANTS AND OTHERS
1. Eligibility
In addition to the payments required by Section
302 or by Section 303, the City shall make a
payment to a displaced person who has actually
and lawfully occupied the dwelling from which he
is displaced for not less than ninety (90) days
prior to the date of the initiation of
negotiations by the City for acquisition of such
dwelling, and who is not eligible to receive the
replacement housing payment provided under
Paragraph 2 of Section 304.
2. Amount and Computation of Replacement Housing
Payment for Displaced Tenant and Others
A replacement housing payment for tenants and
certain others may be in an amount not to exceed
$5,250 and may be either (a) a payment to assist
a displaced person in the rental of replacement
housing for a period not to exceed four years; or
(b) a payment to assist a displaced person in
making a downpayment toward the purchase of
replacement housing. The amount of the payment
shall be computed in accordance with the
instructions set forth in these regulations.
3. Rental Assistance Payment
The rental assistance payment shall be computed
by taking the lesser of either the replacement
housing rent (including utilities) or the
comparable monthly rent (including utilities),
minus the lesser of either the displacement
rental rate (including utilities) or ability to
pay (254 of gross monthly household income). The
difference is multiplied by 48 (months) to
determine the total amount of the payment. The
maximum payment under this section is $5,250.
The payment may be made monthly, annually, or in
a lump sum according to the determination of the
City. The displacement rental rate shall be:
a. The average monthly rent paid by the
displaced person for the 3 -month period
3.z -36-
prior to the date of the initiation of
negotiations; or
b. The average monthly rent during such 3 -month
period for similar dwellings in an area not
generally less desirable than that of the
dwelling from which such person was
displaced (hereinafter referred to as the
"economic rent") in the event:
(1) The average monthly rent paid by the
displaced person is found by the City
or its designee to be substantially
higher or lower than the economic rent;
or
(2) The displaced person was the owner of
the dwelling from which he was
displaced.
The comparable monthly rent shall be the
amount determined by the City's designee
using either of the following methods:
(1) Schedule Method
In accordance with a schedule to be
established from time to time by the City's
designee which establishes the average
monthly rent for comparable replacement
housing which are available in the private
market for the various types of dwellings to
be acquired; or
(2) Comparative method
On a case by case basis by determining the
average month's rent for one or more
dwellings which have been selected by the
City or by the displaced person with the
approval of the City, and which are more
representative of the acquired dwelling and
meet the definition of comparable
replacement housing.
In calculating all monthly rents, the City will
include as a component of rent the cost or
--,,3.2 -37-
estimated cost of utilities to the tenant, but
not including telephone service.
4. Downpayment Assistance
In the event the displaced person elects to
purchase instead of rent a replacement dwelling,
an amount not to exceed $5,250 shall be paid to
the displaced person to make a downpayment and to
cover incidental expenses on the purchase of a
replacement dwelling.
a. Downpayment assistance shall be based upon
the difference between the rent of a
comparable unit minus the lesser of either
the rent of the displacement dwelling or
ability to pay (25% of gross monthly
household income), whichever is less, times
48 months, plus
b. Expenses incident to the purchase of a
comparable replacement dwelling as set forth
in Section 304.
The total of a and b above may not exceed $5,250.
Whenever possible, the full amount of a
Downpayment Assistance payment under this Section
shall be applied to the purchase price and
incidental expenses incurred through the purchase
of the replacement dwelling.
Limitations and Disbursement of Replacement
Housing Payment to Displaced Tenants and Others
a. Joint Occupants
The total amount of the replacement housing
payment to be made to displaced persons who
were joint occupants of a dwelling acquired
by the City shall be limited to the total
amount of the payment applicable for an
individual under Paragraph 2 of Section 305.
Such joint occupants may be paid only their
reasonable prorated share of the total
payment applicable for an individual, as
determined by the City Manager of the City.
'J.2 -38-
b. Disbursement of Rental Replacement Housing
Payments
When the City has determined the amount of
the rental assistance payment to which the
displaced person is entitled and has
verified that the displaced person, occupies
a decent, safe and sanitary replacement
dwelling, payment shall be made to the
displaced person. The initial payment shall
be made in a lump sum, unless the person
requests disbursement on another basis. If
the displaced person requests such in
writing, the City shall make arrangements
for payment in annual or more frequent
installments.
.., :-831 -39-
The City shall compensate the owner of a displaced business
for eligible expenses described in Sections 401, 402, 403,
404, and 405, or in Section 406. In the event that a
displaced business is represented by a third party
consultant, the displaced business must provide the City
with written authorization to direct all communications
with said third party consultant, and further claimant must
assume the responsibility of obtaining all pertinent
information from the third party consultant and relieve the
City from any and all liability arising from the
consultant's failure to communicate with the displaced
business.
A. (401) ACTUAL REASONABLE MOVING EXPENSES
Allowable Moving Expenses
An owner of a displaced business shall be
compensated for the expenses incurred, and to be
determined in advance, in moving the personal
property of the displaced business a distance
within 50 road miles measured from the point from
which the move was made to the point of
relocation. Such moving expenses shall include:
a. transportation of the personal property of
the displaced business from the acquired
site to the replacement site.
b. packing and unpacking, crating and uncrating
of such personal property.
C. storage of such personal property for a
reasonable period, not to exceed twelve (12)
months, in the event the City determines
that such storage is necessary in connection
with relocation.
d. moving of personal property from storage,
providing that a permanent relocation site
has been secured within a reasonable period,
not to exceed twelve (12) months and that
prior written City approval has been
obtained.
-331 -40-
e. insurance premiums covering the reasonable
replacement value of personal property for
loss and damage while in storage or transit.
f. the reasonable replacement value of property
lost, stolen or damaged in the process of
moving, where insurance to cover such loss
or damage is not available; provided that
such loss, theft, or damage is not due to
the fault or negligence of the displaced
business or its agents or employees.
g. disconnection, disassembly, removal,
reconnection, reinstallation, reassembly,
and reestablishment of machinery, equipment,
and other items of personal property not
acquired as real property, including
connection charges, (but excluding
deposits), imposed by public utilities for
starting utility service. All expenses must
be determined in advance of any work being
done by obtaining three bids from reliable
sources as approved by the City. Failure to
follow this procedure may result in
forfeiture or limitation of eligible
payments.
h. the cost of any license, permit, or
certification required by a displaced
business concern to the extent such cost is
necessary to the reestablishment of its
operation at a new location; provided,
however, that such payment shall not include
the cost of any legal or consultant fees
necessary to obtain such a license, permit
or certification.
i. the reasonable cost of obtaining a
Conditional Use Permit for the replacement
site, subject to the City's review and
discretion. (This expense is not included
in Subparagraph h. above.)
j. the reasonable cost of consultants including
architects, attorneys and engineers, or
others deemed necessary to provide general
or specialized services necessary for
planning the move of personal property,
383.2 -41-
,83.2
moving the personal property,, or installing
the relocated personal property at the
replacement location. For purposes of this
paragraph, and in order to avoid duplication
of payment, all such services shall not be
deemed necessary when they have been
provided or will be provided by the City or
its consultants. The necessity of services
not provided by the City shall be determined
by the City. Eligibility for payment for
any of the above necessary services must be
approved in writing by the City Manager of
the City or his designee, prior to their
employment. Information on the area of
expertise and the qualifications of such
consultants must be provided for City review
and a reasonable hourly rate or fee must be
approved by the City Manager of the City or
his designee, before any costs are incurred.
Otherwise such services are not
reimbursable. An itemized statement of all
necessary services shall be,provided to the
City stating the dates of such services
rendered, the location where services were
provided, and the name, address, and
telephone number of the person or firm
providing the services.
k. relettering signs and printing replacement
stationery on hand at the time of
displacement that are made obsolete as a
result of the move.
2. Limitations
The amount permitted to be paid for actual moving
expenses for personal property of a displaced
business shall be limited by the following
considerations:
a. In the event that a displaced business
requests eligibility to perform a self -move,
the amount of payment to be allowed pursuant
to Section 401 shall not exceed the
estimated cost of moving commercially. The
self -move request must be approved in
advance, in writing, and must be accompanied
by a statement releasing the City from any
-42-
and all liability in connection with the
self -move. The estimated cost of moving
commercially shall be based on the lowest
responsible bid or estimate from at least
two reputable moving firms submitted by the
owner of the displaced business to the City
at least 15 days prior to the move. The
estimated cost of moving commercially shall
include the cost (if any) of obtaining such
bids or estimates. The amount to be paid
shall be agreed upon in writing in advance
of the move. When a claimant is represented
by a consultant, the above requirements
still apply. Payment shall be made by the
City upon presentation of the paid,
receipted and itemized bill after the
claimant has moved from the premises. If
this presents a financial hardship on the
displaced business, the City may pay the
mover directly upon presentation of an
itemized bill after the displaced business
has moved from the premises.
b. In the event personal property of a
displaced business to be moved is of low
value and high bulk, or the cost of moving
would be disproportionate in relation to the
value, as determined by the City Manager of
the City or his designee, the payments made
pursuant to Sections 401 and 403 shall not
exceed the difference between the amount
which would have been received for such item
on liquidation and the cost of replacing the
same with a comparable item available on the
market. This limitation is specifically
applicable in the case of moving of
junkyards, stockpiled sand, gravel,
minerals, metals and similar items of
personal property.
C. In the event the cost of moving or
relocating an outdoor advertising display is
determined by the City Manager of the City
or his designee, to be equal to or in excess
of its in-place value, the City may elect to
acquire such display as a part of the real
property. In this case payment for such
,,383.2 -43-
acquisition shall be considered final and no
other payment for the display shall be made.
d. An eligible business may request written
permission of the City to sell trade
fixtures and equipment which are identified
as attached to the real property, and buy
them back at salvage value to receive
compensation based upon the value in place
less the salvage value. The City may
consider making such a payment if it is
deemed appropriate to protect the public
interest in providing a cost effective
relocation program. This type of payment is
subject to a case by case evaluation, at the
discretion of the City. An eligible
claimant shall be required to sign a waiver
document to absolve the City from all risk
and liability in regard to the salvaged
items, and be solely responsible for all
costs related to the removal of the items
from the acquired property.
No salvage operations shall be permitted
solely for the purpose of resale to a third
party.
3. Nonallowable Moving Expenses and Losses
In no instance shall an owner of a displaced
business be compensated for the following:
a. additional operating expenses incurred
because of conducting business in a new
location.
b. cost of moving structures or other real
property improvements (exclusive of fixtures
and equipment) in which the owner of the
displaced business reserved ownership, or
purchased from the City, except as otherwise
provided by law.
C. improvements to the replacement business
site, provided, however, that the City may
compensate a displaced business for any
addition, improvement, alteration or other
physical change required by law or ordinance
,.sa3.2
-44-
or which the City determines is necessary to
the reestablishment of the displaced
business.
d. interest on loans to cover moving expenses.]
e. loss of good will.
f. loss of profits.
g. loss of trained employees.
h. personal injury.
i. any legal fee or other cost of preparing the
application for moving and related expenses
or for representing the claimant before the
City.
j. costs for storage of personal property on
real property already owned or leased by the
owner of the displaced business.
B. (402) EXPENSES IN SEARCHING FOR A REPLACEMENT SITE
FOR THE DISPLACED BUSINESS
An owner of a displaced business shall be compensated
for the actual and reasonable expenses incurred in
searching for a replacement site for the displaced
business. The total amount of the payment by the City
for such expenses in searching for a replacement site
for the displaced business shall not exceed One
Thousand Dollars ($1,000.00). All claims for
reimbursement under this section must be documented to
the City's satisfaction. Expenses which qualify for
reimbursement pursuant to this Section 402 may
include:
1. The actual expense of transportation, meals, and
lodging away from home.
2. The expense attributable to the time spent in
searching for a replacement site computed on the
hourly wage rate of the salary or earnings of the
owner of the displaced business or his
representative or employee, but not to exceed
.._ $10.00 per hour.
.,aa3l -45-
3. Fees paid to a real estate broker to locate a
replacement site for the displaced business,
exclusive of any fees or commissions related to
the purchase of such site.
All expenses claimed except value of time actually
spent in search must be supported by receipted bills.
Payment for time spent in search shall be made on the
basis of a certified statement submitted by the
claimant.
C. (403) ACTUAL DIRECT LOSSES OF TANGIBLE PERSONAL
PROPERTY OF THE DISPLACED BUSINESS
An owner of a displaced business shall be compensated
for the actual direct loss of tangible personal
property of the displaced business attributable to
relocating or discontinuing the displaced business.
The total amount of the payment by the City for such
direct loss of personal property of the displaced
business shall not exceed an amount equal to the
reasonable expenses that would have been required to
move such personal property within 50 road miles of
the old location, as determined by the City Manager of
the City or his designee. Subject to said limitation,
the actual direct loss of personal property shall be
computed and based on an appraisal obtained by either
the City or the owner of the displaced business (and
approved by the other) of either:
1. The in -use value of the personal property minus
the net proceeds received from the sale of such
personal property (as approved by the City prior
to undertaking a sale of the items); or
2. The in -use value of the personal property in the
event the property cannot be sold and is
abandoned and is not promptly replaced with a
comparable item of property, subject to City
review and authorization.
The cost of removal of the personal property
which is sold or abandoned shall not be
considered as an offsetting charge in determining
the amount of the actual direct loss of such
personal property.
a3.z
-46-
In order to obtain a payment for the actual
direct loss of an item of personal property, the
owner of the displaced business shall make a bona
fide effort to sell the item of personal property
for which the loss is claimed at the highest
price offered after reasonable efforts have been
made over a reasonable period of time to interest
prospective purchasers.
If the net proceeds from the sale are less than
the in -use value, the difference between the net
proceeds and the in -use values shall be the
amount of actual direct loss of the item of
tangible personal property.
D. (404) BUSINESS REESTABLISHMENT PAYMENT
An owner of a small business (as defined in Paragraph
D of Section 104) who chooses to move his business and
not elect to receive a Payment In Lieu of Moving and
Related Expenses as described in Section 406 below may
be eligible to receive an additional payment; not to
exceed $10,000, for expenses actually incurred in
relocating and reestablishing such small business,
farm, or nonprofit organization at a replacement site.
Payment under this Section 404 is subject to City
evaluation, on a case by case basis.
1. Eligible Expenses
Reestablishment expenses must be reasonable and
necessary, as determined by the City. The
following general categories of entitlements are
available for consideration:
a. Modifications to the replacement property to
accommodate the business operation or make
replacement structures suitable for
conducting the business.
b. Construction and installation costs for
exterior signage to advertise the business.
C. Redecorating or replacement of soiled or
worn surfaces at the replacement site, such
as paint, panelling, or carpeting.
d. Advertisement of replacement location.
e. Increased rental or purchase costs incurred
doing business during the first two years at
the replacement site, but not to exceed
$5,000. In general, for those who choose to
rent, the payment is based upon the lesser
of the replacement site rent or comparable
rent, minus the greater of the base monthly
rent of the acquired site or economic rent,
times 24 months. For those who choose to
purchase, the payment is based upon the
difference between the comparable or actual
replacement site rental cost (prorated to
reflect the space occupied at displacement
site) minus the economic rent of the
acquired site, times 24 months.
The payment shall not exceed $5,000 and is
contingent upon the business providing proof
of occupancy at the replacement site for a
minimum of 12 months.
If the business owner intends to apply for
compensation under the Rent Differential
Subsidy Payment, Section 405 below, he must
first apply for compensation under this
Business Reestablishment Payment. If
compensation in excess of $5,000 is
calculated as eligible for increased costs
of operation, the maximum amount of $5,000
shall be considered under the Business
Reestablishment Payment and the balance may
then be considered for payment under the
Business Rent Differential Subsidy.
f. Other items which may be approved by the
City, evaluated on a case by case basis,
which are deemed legitimate and reasonable
expenses, and directly related to the
involuntary displacement and the
reestablishment of the business.
In no event shall total costs payable under this
section exceed the $101000 statutory maximum.
'53.2 -48-
2. Ineligible Expenses
The following is a nonexclusive listing of
reestablishment expenditures not considered to be
reasonable, necessary, or otherwise eligible:
a. Purchase of capital assets, such as office
furniture, filing cabinets, machinery, or
trade fixtures.
b. Purchase of manufacturing materials,
production supplies, product inventory, or
other items used in the normal course of the
business operation.
C. Interior or exterior refurbishments at the
replacement site which are for aesthetic
purposes, except as provided in paragraph lc
of this section.
d. Interest on money borrowed to make the move
or purchase the replacement property.
e. Payment to a part-time business in the home
which does not contribute materially to the
household income.
E. (405) BUSINESS RENT DIFFERENTIAL SUBSIDY
1. General
As previously described in Section 404 above, a
business owner or tenant claiming increased
rental costs or required costs to purchase a
replacement site, must first apply for
compensation under the Business Reestablishment
Payment category. Any compensation received
under a Business Reestablishment Payment must be
deducted from item 3a or 3b below. The business
may then apply for the balance, if any, as a
Business Rent Differential Subsidy.
2. Eligibility
The owner of a displaced business who has owned,
occupied, or operated from the business facility
which is acquired by the City for a period of at
least one year prior to the initiation of
,383.2 -49-
negotiations for the acquisition of the business
facility or real property may file claim for a
Business Rent Differential Subsidy payment. An
owner of a displaced business is eligible for a
rent differential subsidy payment when he rents
or purchases a comparable replacement business
facility.
The phrase 'comparable replacement business
facility" as used herein shall be a business
location functionally equivalent and
substantially the same as the acquired facility;
adequate in size to meet the needs of the
displaced business; located in an area not
generally less desirable than the one in which
the acquired facility is located with respect to
municipal services, public utilities, and public
and commercial facilities; and is available for
acquisition or lease.
3. Amount of Payment
if a displaced business is eligible for a rent
differential subsidy, the amount of such subsidy
shall be determined as follows:
a. For a business which has a current leaseable
area of 1,000 square feet or less, an amount
equal to the difference, for one year,
between the current rent and the relocation
site rent, up to a maximum of $10,000,
whichever is less.
b. For a business which has a current leaseable
area in excess of 1,000 square feet an
amount equal to the difference, for one
year, between the current rent and the
relocation site rent, up to a maximum of
$15,000, whichever is less.
4. Computation of Payment - Business Electing to
Rent
A displaced business electing to rent may be
eligible for a rent differential subsidy payment
for rental assistance not to exceed the amount
set forth in Paragraph 3 above. The rental
assistance payment shall be determined by
..383.2 -50-
,-,83.2
computing the difference between the base monthly
rental (as hereinafter defined) for the facility
from which such business was displaced and the
lesser of (1) the monthly rental for a comparable
replacement facility, or (2) the actual monthly
rental for the replacement facility multiplied by
12. The rental assistance payment as determined
and approved by the City shall not be subject to
recomputation. Said payment shall be payable in
one lump sum. Payment shall not be disbursed
until the claimant's physical vacation from the
acquired site and the execution of a Certificate
of Abandonment.
a. The phrase "base monthly rental" as used
herein shall be either the average monthly
rent paid by the business for the
three-month period prior to the initiation
of negotiations or the "economic rent" if
the business either owned the facility from
which such business was displaced or was not
required to pay market rent for the facility
from which such business was displaced.
Economic rent as used herein shall be the
average monthly rental (for the three-month
period prior to the initiation of
negotiations) for similar facilities in an
area not generally less desirable than that
of the facility from which such business was
displaced. The period used to determine the
base monthly rental may be longer than three
months if a longer period would more
accurately reflect the rent actually paid
for the facility from which the displacement
took place.
b. The monthly rental for a comparable
replacement facility shall be determined on
a case by case basis using one or more
facilities which are actually available and
are determined to be most representative of
the facility from which displacement occurs.
Said determination shall be made by the
City. Comparable facilities are selected
from the general area from which the
business is displaced provided that the
facilities meet local building codes; are
not in an area designated for prospective
-51-
,383.2
governmental action which may reasonably be
expected to involve displacement; are not in
a location subject to unreasonable adverse
environmental conditions. If business
facilities meeting the foregoing criteria
are not available in the general area from
which the business is displaced, comparable
facilities shall be selected from adjacent
or nearby areas in ascending order of rental
cost.
5. Computation of Payment - Business Electing to
Purchase
A displaced business electing to purchase may be
eligible for a rent differential subsidy payment
toward purchase of a replacement business
facility not to exceed the amount set forth in
Paragraph 3 above. The amount of the payment
shall be determined by the City in accordance
with the following:
a. The amount of the payment shall be the
lesser of (1) the amount required as a down
payment in financing a conventional loan on
the replacement facility actually purchased
or (2) the amount required as a down payment
in financing a conventional loan for a
comparable facility. If the down payment
required is less than the amount required
for a conventional loan, the City may
compute the payment on the basis of the
amount required for financing a conventional
loan provided the business utilizes the full
amount of the payment to reduce the
outstanding amount of the loan. The full
amount of the payment must be applied to the
purchase price and such payment, including
incidental expenses, must be shown on the
closing escrow statement.
b. City shall determine the amount, if any,
necessary to compensate the displaced
business owner for expenses he incurs
incidental to the purchase of the
displacement business facility. Said
incidental expenses shall be in addition tc
the amount payable in Subparagraph a above,
-52-
F.
but limited to the maximum amount set forth
in Paragraph 3 above.
6. Limitation
Payment of the Rent Differential entitlement
shall be subject to the following minimum
requirements:
a. The displaced business executes a knowing
waiver of loss of goodwill claims.
b. Regardless of whether joint occupants
displaced from a single business facility
are reestablished in more than one
replacement facility, the rent differential
subsidy payment shall not exceed the maximum
amount provided for in Paragraph 3 above.
In the event of joint occupants, a prorated
entitlement will be calculated based upon
square feet occupied.
C. The displaced business executes a lease at
the replacement site for a period not less
than twelve (12) months.
(406) PAYMENTS IN LIEU OF MOVING AND RELATED EXPENSES
Any owner who moves or discontinues his business and
who elects to accept the payment authorized by this
Section 406 in lieu of the payments authorized by
Sections 401 through 405 shall receive a fixed
relocation payment in an amount equal to the 'average
annual net earnings' of the business. If a business
has no net earnings or has suffered losses during the
period used to compute the —average annual net
earnings", it may, nevertheless, receive the $1,000
minimum payment described in Paragraph 2 of Section
406 provided that the City determines that such
business is, in fact, a bona fide business and meets
all of the following eligibility requirements.
Eligibility
To be eligible for the payment authorized by
Section 406, the owner of the displaced business
shall make available to the City its state income
__J33z -53-
tax and sales records, and/or its financial
statements and accounting records, for
confidential use by the City to determine the
amount of the payment.
No payment shall be made under Section 406,
unless the City determines that (1) the business
cannot be relocated without a substantial loss of
its existing patronage and (2) that the business
is not a part of a commercial enterprise having
at least one other establishment not being
acquired by the City, which is engaged in the
same or similar business.
Additionally, to be eligible for this payment,
the business must contribute materially to the
income of the displaced owner. A part-time
individual or family occupation in the home which
does not contribute materially to the income of
the displaced owner is not eligible for this
payment.
The determination of the loss of existing
patronage shall be made by the City Manager of
the City or his designee, only after
consideration of all pertinent circumstances,
including but not limited to the following
factors:
a. the type of business conducted by the
displaced business.
b. the nature of the clientele of the displaced
business.
In connection with the relocation of a
nonprofit organization, the use of the term
"patronage" shall refer to the persons,
community, or clientele served or affected
by the activities of the nonprofit
organization.
In determining whether the displaced
business is a part of a similar business
enterprise having at least one other
establishment not being acquired, or in
determining whether two or more displaced
legal entities constitute a single business
-3831 -54-
which is entitled to only one fixed payment,
the City shall consider the following
factors:
(1) the extent to which the same premises
and equipment are shared;
(2) the extent to which substantially
identical or intimately interrelated
business functions are pursued and the
business and financial affairs are
commingled;
(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 own, control or
manage the affairs of the entities.
An outdoor advertising display shall not be
entitled to the payment under Section 406,
but shall be limited to the payment of
moving expenses under Section 401, or the
cost to replace said display, whichever is
less.
2. Amount of Payment
The payment made to an owner of a displaced
business pursuant to Section 406 shall be in an
amount not less than One Thousand Dollars
($1,000.00) nor more than Twenty Thousand Dollars
($20,000.00).
Exception: The City has adopted a special policy
for displaced non-profit organizations. Any such
organization which establishes their eligibility
under the governing criteria will receive a fixed
payment of $2,500.00.
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 Section 406.
__.153.2 -55-
V. (500) MOBILEHOMES
A. (501) PURCHASE OF MOBILEHOMES
The City may purchase mobilehomes where:
1. The structural condition of the mobilehome is
such that it cannot be moved without substantial
damage or unreasonable cost; or
2. The mobilehome is not considered to be a decent,
safe, and sanitary dwelling unit ana such
deficiencies cannot be remedied at a reasonable
cost.
B. (502) PARTIAL ACQUISITION OF MOBILEHOME PARK
Where the City determines that a sufficient portion of
a mobilehome park is taken to justify the operator of
such a park to move his business or go out of
business, the owners and occupants of the mobilehome
dwellings not within the actual taking, but who are
forced to move, shall be eligible to receive the same
payments as though their dwellings were within the
actual taking.
C. (503) MOBILEHOMES AS REPLACEMENT DWELLINGS
A mobilehome may be considered a replacement dwelling
provided:
1. The mobilehome meets standards of decent, safe
and sanitary housing,
2. The mobilehome is placed in a fixed location:
a. in a mobilehome park which is licensed and
operating under State law; or
b. in a mobilehome subdivision wherein the
displaced person owns the lot on which the
mobilehome is placed; or,
C. on real property owned or leased by the
displaced person in other than a mobilehome
subdivision, provided such placement is in
accordance with state and local laws or
ordinances, and provided such placement was
--.,asz -56-
made under permit from the state or local
City.
D. (504) COMPUTATION ON NEXT HIGHEST TYPE
When a comparable mobilehome is not available, it will
be necessary to calculate the replacement housing
payment on the basis of the next highest type of
dwelling that is available and meets the applicable
requirements and standards, i.e., a higher type
mobilehome or a conventional dwelling. "Not
available" as used in this Section includes, but is
not limited to, those cases where mobilehomes cannot
be relocated in mobilehome parks within a reasonable
distance from the place of dislocation because of lack
of available spaces or because of the standards and
rules of the mobilehome parks where spaces are
available.
E. (505) RELOCATION ELIGIBILITY AND PAYMENTS
The eligibility requirements and general provisions of
Section 300 are applicable to owners and tenants of
mobilehomes.
x3.z -57-
VI. (600) FAST RESORT HOUSING
A. (601) AUTHORIZATION; METHODS
If comparable replacement dwellings are not available
to tenants or homeowners who are displaced, ana the
City determines that such housing cannot otherwise be
made available to them, the City may use funds
authorized for the project for which the real
property, or interest thereof, is being acquired to
provide such housing.
The City may expend funds and take such other actions
as it deems necessary to provide, rehabilitate, or
construct last resort housing pursuant to an approved
plan for last resort housing through methods including
but not limited to the following:
1. Transfer of funds to state and local housing
agencies;
2. Contract with organizations experienced in the
development of housing;
3. Direct development, rehabilitation or
construction by the City;
4. Financing of development, rehabilitation or
construction by the City;
5. Provide payment of relocation benefits to tenants
or homeowners temporarily displaced due to
rehabilitation of housing, where said
rehabilitation is a result of the City's
financing or direct involvement;
6. Provide housing subsidies as permitted by law.
Whenever practicable, the City shall use the services
of federal, state, or local housing agencies, or other
agencies having experience in the administration or
conduct of similar housing programs.
B. (602) NONDISCRIMINATION; AFFIRMATIVE ACTION
All contracts and subcontracts for the construction,
rehabilitation or management of last resort housing shall
be let without discrimination as to race, color, religion,
.;63.2 -58-
ancestry, national origin, sex, marital status or other
arbitrary circumstance and pursuant to an affirmative
action program. The City shall encourage participation by
minority persons in all levels of construction,
rehabilitation, planning, financing and management of last
resort housing. When the housing will be located in an
area of minority concentration, the City shall seek to
secure significant participation of minorities in these
activities. The City shall require that, to the greatest
extent feasible, opportunities for training and employment
arising in connection with the planning, construction,
rehabilitation and operation of last resort housing be
given to persons of low income residing in the area of such
housing and shall determine and implement means to secure
the participation of small businesses in the performance of
contracts for such work.
C. (603) CONFORMITY WITH STATUTES AND REGULATIONS
The provision of last resort housing by the City shall
be in accord with the provisions of Section 1 of the
Civil Rights Act of 1866, Title VI of the Civil Rights
Act of 1964, Title VIII of the Civil Rights Act of
19681 the Unruh Civil Rights Act, the California Fair
Housing Law, and the California Environmental Quality
Act of 1970, and regulations issued pursuant thereto.
D. (604) MONITORING HOUSING PRODUCTION
The City shall monitor the production of the last
resort housing to ensure that it is in accordance with
the plan for last resort housing approved by the City.
E. (605) RETENTION OF BENEFITS UPON MOVE TO LAST RESORT
HOUSING
The City shall not require a displaced resident to
accept last resort housing in lieu of the displaced
resident's acquisition payment, if any, for the real
property from which he is displaced or the relocation
payments for which he may be eligible.
F. (606) LAST RESORT HOUSING PAYMENTS
If Last Resort Housing is to be provided by payments
above the maximum Replacement Housing Payment, (as
provided for in Section 300), these payments shall be
administered as follows:
+383.2 -59-
1. Payments to Tenants Who Rent:
In administering this payment to tenants who
elect to rent, the City will follow the criteria
set forth below:
a. In order to qualify for a Last Resort
Housing Payment the displaces must meet the
criteria established for eligibility for a
Rental Assistance Payment. No owner
occupant or tenant who elects to purchase a
replacement dwelling unit will be eligible
for the Last Resort Housing Program without
the City's prior written authorization.
b. The Last Resort Housing Payment will be
computed as follows:
(1) The amount of comparable housing
(including utilities) or the amount of
actual replacement housing, whichever
is less, will be used as the base rent
figure.
(2) From this figure, 25% of the verified
income of the displaced family or
person, or gross project area rent
(including utilities), whichever is
less, will be subtracted.
(3) The difference between items (1) and
(2) will be divided into $5,250, which
will result in the number of months the
$5,250 Rental Assistance Payment
subsidy would last.
(4) The result of Step (3) will be
subtracted from 48 months, representing
the Last Resort Housing subsidy period.
(5) Twenty-five percent of the incomer or
gross project rent, whichever is
greater, will be subtracted from the
amount of comparable housing (including
utilities) or the amount of actual
replacement housing (including
utilities), whichever is less.
..s3.2 -60-
(6) This amount will then be multiplied by
the number of remaining months
calculated in (Step (4) above],,
resulting in the total amount of the
Last Resort Housing Payment.
(7) If the displaced family or person has
refused to verify or disclose income,
the payment described in Section 300
will be final and no Last Resort
entitlement will be available.
(8) If the balance of the computation
outlined in subparagraphs (3), (4), (5)
and (6) above exceeds $5,250, and if
the claimant remains eligible for Last
Resort Housing payments based on the
criteria described in (10) below, then
Last Resort Housing Payments will be
made to the claimant subject to City
review and discretion, on a case by
case basis, as follows:
(a) in a lump sum one year from the
date of displacement, or
(b) annually, in the amount of twelve
12 (months) times the amount
calculated in Step (5) above (the
subsidy required each month); or
(c) at some other interval.
(9) The first annual Last Resort Housing
payment will be made on the date
determined by Step (3) above (the date
when the $5,250 Rental Assistance
Payment is used up) and annually
thereafter until the total amount of
the Last Resort Housing Payment (as
calculated in Step (6) above) is
completely paid.
(10) At the time such annual payments are
made, the replacement housing will be
inspected to certify that it is decent,
.. safe and sanitary, as a condition of
payment eligibility.
_383.2 -61-
(11) The City reserves the right to evaluate
on a case by case basis, and waive the
Replacement Housing Payment eligibility
requirements, to permit the
authorization of the Last Resort
Housing Payment when the City, at its
sole discretion, determines that such
payment is justified.
Payments to Tenants Who Purchase:
Tenants who elect to purchase a replacement
dwelling are not eligible for a Last Resort
Housing Payment.
Payments to Homeowners Who Purchase: Homeowners
who elect to repurchase a replacement dwelling
are not eligible for a Last Resort Housing
Payment.
However, the City reserves the right to authorize
.-. a payment of last resort, at their discretion, on
a case-by-case basis. Such a determination will
require the City Manager or his designee to
authorize payment if such payment is justified
based upon Paragraph B of Section 102.
812 -62-
VII. (700) APPEALS PROCEDURES AND ADMINISTRATIVE REVIEW
A. (701) NOTIFICATION OF CLAIMANT
In the event the City Manager of the City or his
designee, denies the eligibility of a person who has
made a claim for a relocation payment under these
Rules and Regulations, or disapproves the full amount
claimed, or refuses to consider the claim or its
merits on account of an untimely filing or any other
ground, the City Manager of the City or his designee,
shall, by written notice, inform the person of its
determination, the reasons therefor, and the
applicable procedures for obtaining review of the
determination.
B. (702) RIGHT OF REVIEW
Any person aggrieved by a determination as to
eligibility for, or the amount of, a payment under
these Rules and Regulations, may have his claim
reviewed in accordance with the procedures set forth
below. Any person or class of persons may seek review
of any schedule with respect to payment under these
Rules and Regulations. The procedures for review are
as follows:
1. Review by City Designee
Any person or class of persons who has a right to
seek review as provided in Section 702 may
request in writing that the City's authorized
designee review the matter with the person or
persons making this request. Such designee may
be the person who made the initial decision.
After an interview with the person who made the
decision, the relocates may then request an
administrative review with the person other than
the person who made the initial decision. Any
such person or class of persons, upon request to
the City, shall be afforded the opportunity to
make an oral presentation and to discuss the
subject claim or claims with the City's designee.
The City's designee shall notify such person or
persons in writing of his decision after
reviewing and considering all reasonably
available evidence. Said notification shall be
made within fifteen (15) days following the date
-383.2 -63-
2.
on which the matter was reviewed with the person
or persons making the request for review.
Review by Relocation Appeals Board
After review of the matter by the City's designee
and receipt of its decisions or in the event such
person or class of persons has not received
notification of the City designee's decision
within 60 days after filing the initial request
for review, the person or class of persons may
file a complaint in writing with the Relocation
Appeals Board established by the City. The
complaint must be filed within six (6) months of
the date on which the aggrieved person or class
of persons received (or should have received)
notification of the City's decision. The
Relocation Appeals Board will promptly hear all
such complaints pursuant to rules and regulations
adopted by the Relocation Appeals Board, and
shall determine if the City has complied with
applicable provisions of the California Community
Redevelopment Law, the State Guidelines, the
Relocation Rules and Regulations contained
herein, and, where applicable, federal
regulations. The Relocation Appeals Board shall,
after a public hearing on the matter, transmit
its findings and recommendations to the City
members.
Review by City Members
After a public hearing by the Relocation Appeals
Board, and receipt of its findings and
recommendations, the City members shall conduct a
hearing on the complaint, and shall give such
person or class of persons at least fifteen (15)
days written notice prior to hearing the matter.
The final determination on review by the City
members shall include, but is not limited to:
a. the City members' decision on
reconsideration of the claim or claims, and
b. the factual
decision is
explanation
and legal basis upon which its
based, including any pertinent
or rationale.
.»83.2 -64-
C.
D.
E
F.
G.
The aggrieved person
notified in writing
members within five
which decision shall
(703) REVIEW OF FILES
or class of persons shall be
of the decision of the City
(5) days after such decision,
be final.
Except for confidential material, and except to the
extent specifically prohibited by law, the City shall
allow the aggrieved person or persons to inspect all
files and records bearing on the claim or complaint.
The City may, however, impose reasonable conditions on
such right to inspect its files and records.
(704) EFFECT OF DETERMINATION ON OTHER PERSONS
The principles established in all determinations by
the City shall be applied to all similar cases
regardless of whether or not a person has filed a
written request for review.
(705) INTERPRETATION OF RULES AND GUIDELINES
These Rules and Guidelines shall be construed so as to
fulfill the statutory purpose as declared in the
Relocation Assistance Law of 'fair and equitable
treatment, in order that displaced persons "not suffer
disproportionate injuries as a result of programs
designed for the benefit of the public as a whole."
(706) RIGHT TO COUNSEL
The claimant has a right to representation by legal or
other counsel at his own expense at any and all stages
of the proceedings set forth in Sections 701 through
703.
(707) JUDICIAL REVIEW11
Nothing in these Rules and Guidelines shall in any way
preclude or limit a claimant from seeking judicial
review or receiving a fair and impartial consideration
of his claim on its merits upon exhaustion of such
administrative remedies as are available to him under
Section 702.
383.2 -65-
VIII. (800) REQUIREMENTS PRIOR TO DISPLACEMENT
A. (801) NINETY DAY NOTICE
To the greatest extent practicable,, no person
lawfully occupying real property shall be required to
move from his dwelling (assuming a comparable dwelling
will be available) or to move his business, without at
least 90 days written notice from the City to vacate.
After delivery of a 90 -day notice to the person or
business to be displaced by the City, the parties may
agree in writing to a tenancy which permits a shorter
notice than 90 days to terminate such tenancy and to
require such person to move. If the City permits such
person or business to remain on the real property
acquired by the City on a rental basis for a short
term or for a period subject to termination by the
City on a 90 -day notice, or shorter notice period, the
amount of rent required shall not exceed the fair
market rental value of the property to a short-term
occupier.
B. (802) PRIOR DETERMINATIONS
The City will not proceed with any phase of a project
that results in displacement until it has determined
that:
1. Fair and reasonable relocation payments will be
provided to eligible persons as required by
Sections 300 and 400 of these Rules and
Regulations.
2. A relocation assistance program offering the
services described in Section 200 of the Rules
and Regulations will be established.
3. Eligible persons will be adequately informed of
the assistance, benefits, policies, practices and
procedures, including grievance procedures,
provided for in these Rules and Regulations.
4. Based upon recent survey and analysis of both the
housing needs of persons who will be displaced,
and available replacement housing and considering
competing demands for that housing, comparable
replacement dwellings, as defined in Paragraph 7
of Section 104 will be available, or provided, if
83.2
-66-
necessary, within a reasonable period of time
prior to displacement sufficient in number and
size for the eligible persons who require 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 203 has been prepared.
C. (803) USE OF TEMPORARY HOUSING
Subject to the prior approval of the City Manager or
his designee, a person to be displaced from a dwelling
by the City may be provided temporary housing which is
not comparable replacement housing as defined in
Paragraph 7 of Section 104 in the following
circumstances:
1. In cases of emergency or where such person is
subject to economic hardship or conditions
hazardous to his health or safety; or
2. In extraordinary situations where, in the absence
of such temporary move, the progress of the
program would be substantially delayed if the
following conditions are satisfied:
a. Such temporary housing is decent, safe and
sanitary and within the financial means of
such person; and
b. The City Manager or his designee determines
that within 12 months of the date of the
temporary move or such longer period as
deemed reasonable, comparable replacement
housing meeting the criteria specified in
Paragraph 7 of Section 104 will be available
for occupancy by such displaced person; and,
The City shall continue to furnish to all
displaced persons provided temporary housing
under this Section 803, all relocation
assistance required or eligible under
433.2 -67-
Sections 200 and/or 300. Any displaced
person provided temporary housing under this
Section 803 shall be entitled to actual
reasonable moving expenses into both
temporary and permanent housing, and may
elect to receive an alternate payment under
Section 303 in lieu of actual reasonable
moving expenses.
[End]
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