HomeMy WebLinkAboutResolution No. 200
RESOLUTION NO. 2
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A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA APPROVING NEW BOUNDARIES OF THE
PROPOSED AZUSA CENTRAL BUSINESS DISTRICT REDE-
VELOPMENT PROJECT, AS SELECTED AND ESTABLISHED
BY THE PLANNING COMMISSION OF THE CITY OF AZUSA
WHEREAS, Section 33326 of the California Community Redevelop-
ment Law (Health and Safety Code, Section 33000 et seq.) provides
that a planning commission may, with the approval of the redevelop-
ment agency, change the boundaries of a project area prior to publi-
cation of notice of the agency public hearing; and
WHEREAS, the Planning Commission of the City of Azusa by Reso-
lution No. 1459 on March 8, 1978, changed the boundaries of the
proposed Azusa Central Business District Redevelopment Project by
rescinding and cancelling its previous selection of the boundaries,
and by selecting and establishing new boundaries.
NOW, THEREFORE, the Redevelopment Agency•of the City of Azusa
does hereby resolve as'fbllows:
The'Redevelopment Agency of the City of Azusa hereby approves
the new boundaries of the proposed Azusa Central Business District
Redevelopment Project selected and established by the Planning Com-
mission of the City of Azusa by Resolution No. 1459, as shown on
the Project Area Map attached hereto as Exhibit "1" and by this
reference incorporated herein, and as described in the boundary
description attached hereto as Exhibit "2" and by this reference
incorporated herein.
PASSED, APPROVED AND ADOPTED this
ATTEST:
rr�LO . �4
Sec etary
20th DAY OF March ,1978.
firman
LEGAL DESCRIPTION
Area 1
Beginning at the southeast corner of Lot 38, Block 77 of the Map of
Azusa recorded in Book 15, Pages 93 - 96 of map records in the Office of
the County Recorder of Los Angeles County; said point also being the north-
west corner of First Street and the alley between Azusa Avenue and Alameda
Avenue as it existed January 6, 1967; thence northerly 125 feet to the northerly
line of Parcel 3 of Parcel Map recorded in Book 4, Page 87, of Parcel Maps;
thence along this northerly line to the easterly right of way line of Azusa Ave-
nue (100 feet wide); thence westerly to the northeast corner of Lot 16, Block 76,
of said Map of Azusa; thence westerly along the northerly line of Lot 16 to the
northwest corner thereof; thence westerly to the northeast corner of Lot 60,
Block 76, of said Map of Azusa; thence northerly along the westerly right of
way line of the alley between San Gabriel Avenue and Azusa Avenue to the
westerly right of way line of San Gabriel Avenue (80 feet wide)-; thence con-
tinuing northwesterly along the westerly right of way line of San Gabriel Avenue
through its various courses to the southeast corner of Lot 12, Block 70, of said
Map of Azusa, said point also being the northwest corner of Second Street and
San Gabriel Avenue (100 feet wide); thence easterly along the northerly right
of way line of Second Street (60 feet wide) to the southeast corner of Lot 24,
Block 69, of Map of Azusa, said point also being the northwest corner of
Second Street and the alley between Azusa Avenue and San Gabriel Avenue;
thence northerly along the westerly right of way line of last mentioned alley
(20 feet wide) to the southeast corner of Lot 34, Block 53 of Map of Azusa,
said point being 250 feet south of the southwest corner of Fifth Street and the
alley between San Gabriel Avenue and Azusa Avenue; thence westerly along
the southerly line of said Lot 34 to the easterly right of way line of San Gabriel
Avenue (100 feet wide); thence westerly to the southeast corner of Lot 10,
Block 54 of said Map of Azusa; thence northerly along said westerly line of
San Gabriel Avenue to the southeast corner of Lot 10, Block 43, of Map of
Azusa, said point being 250 feet southerly of the southwest corner of San
Gabriel Avenue and Sixth Street; thence westerly along said southerly line
of Lot 10 to the easterly right of way line of the alley between San Gabriel
Avenue and Angeleno Avenue; thence westerly to the southeast corner of
Lot 29, Block 43, of Map of Azusa, said point lying in the westerly right of
way line of last mentioned alley and being 250 feet south of the southerly right
of way line of Sixth Street; thence northerly along the.westerly line of last
mentioned alley to a point that is 275 feet southerly of the south line of Foothill
Boulevard (100 feet wide); thence easterly to the southeast corner of Lot 37,
Block 38 of Map of Azusa; thence westerly along the northerly line of Lot 38 and
its westerly prolongation to the west line of the alley between San Gabriel Avenue
and Angeleno Avenue; thence said point being 225 feet south of the southerly
right of way line of Foothill Boulevard; thence northerly to the northeast
corner of Lot 15, Block 38, Map of Azusa; thence westerly to the northwest
corner of said Lot 15 to a point in the easterly right of way line of Angeleno
Avenue; thence westerly to the southeast corner of Lot 1, Block 38 of Map
of Azusa, said point being at the westerly right of way line of Angeleno Avenue;
thence westerly 50 feet'to the southwest corner of said Lot 1; thence northerly
150 feet to the northwest corner of said Lot 1, said point being in the southerly
right of way line of Foothill Boulevard; thence northerly to the southwest
corner of Lot 1, Block 26 of Map of Azusa, said point being in the northerly
right of way line of Foothill Boulevard; thence 50 feet east to the northwest
corner of Foothill Boulevard and Angeleno Avenue; thence northerly along the
westerly right of way line of Angeleno Avenue (80 feet wide) to the southeast
corner of Lot 19, Block 26 of Map of Azusa, said point being in the northerly
line of the Atchison Topeka and Santa Fe Rail Road right of way (100 feet wide)
as it existed March 10, 1978; thence northeasterly along the northerly Rail
Road right of way line to the intersection with the east right of way line of
the alley between Angeleno Avenue and San Gabriel Avenue; thence northerly
-along -said mentioned line to the southwest corner. of Lot 25, Block 22, of Map
of Azusa, said point also being in the northerly line of the Atchison Topeka
and Santa Fe Rail Road right of way as it existed March 10, 1978; thence
continuing northeasterly along the north line of said Rail Road right of way
to its intersection with the westerly right of way line of Azusa Avenue (80 feet
wide); thence northerly along the westerly right of way line of Azusa Avenue
to the southwest corner of Azusa Avenue and Ninth Street (60 feet wide), as it
existed December 27, 1966; thence easterly along the south line of Ninth
Street to the southeast corner of Ninth Street and San Gabriel Avenue as it
existed December 27, 1966; thence northerly to the southwest corner of Lot 24,
Block 52 of Map of Azusa, said point also being the northeast corner of Ninth
Street and San Gabriel Avenue; thence northerly on the easterly right of way
line of said San Gabriel Avenue (100 feet wide) to the southwest corner of
Lot 22, Block 12, of Map of Azusa, said point being 100 feet north of the
northerly line of Ninth Street; thence easterly along the southerly line of
said Lot 22 and .its easterly prolongation to the northwest corner of Lot 11,
Block 12, Map of Azusa; thence easterly along the northerly line of Lot 11
to the westerly right of way line of Azusa Avenue; thence easterly to the
southwest corner of Lot 22, Block 13, Map of Azusa; thence south along the
easterly right of way line of Azusa Avenue to the northeast corner of Azusa
Avenue and Ninth Street as it existed July 19, 1963; thence easterly along the
northerly right of way line of Ninth Street to the northwest corner of Alameda
Avenue and Ninth Street; thence northerly along the westerly right of way line
of Alameda Avenue (100 feet wide) 100 feet to the southeast corner of Lot 10,
Block 13 of Map of Azusa, said point being 100 feet north of the northerly line
of Ninth Street; thence easterly to the southwest corner of Lot 22, Block 14
of Map of Azusa; thence easterly along the south line of Lot 22 and its easterly
prolongation to the easterly right of way line of the alley between Alameda
Avenue and Dalton Avenue; thence southerly along the easterly right of way line
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`of the last mentioned alley to the northeast corner of Ninth Street and last
mentioned alley; thence easterly along the northerly right of way line of
Ninth Street to the northeast corner of Ninth Street and Soldano Avenue (80
feet wide); thence southerly along the easterly right of way line of Soldano
Avenue to a point of intersection with the southerly line of Santa Fe Avenue .
(60 feet wide); thence southwesterly along the southerly line of Santa Fe
Avenue to the northwest corner of Lot 32, Block 29 of Map of Azusa, said
point lying in the easterly right of way line of the alley between Azusa Avenue
and Alameda Avenue; thence southerly along the easterly right of way line of
last mentioned alley to the southwest corner of Lot 49, Block 29, of Map of
Azusa, said point being 150 feet northerly of the northerly line of Foothill
Boulevard; thence easterly along the southerly line of Lot 49 and its easterly
prolongation to the easterly right of way line of Alameda Avenue; thence
southerly along the easterly line of Alameda Avenue to the southeast corner
of Sixth Street and Alameda Avenue; thence easterly along the southerly
line of Sixth Street to the southeast corner of Sixth Street and the alley
..-between Alameda and Azusa Avenues; thence southerly along the easterly
right of way line .in last mentioned alley to the southwest corner of Lot 8,
Block 77, of Map of Azusa, said point also being 550 feet north of the northerly
line of First street; thence easterly along the southerly line of said Lot 8,
to the westerly line of Alameda Avenue; thence easterly to the easterly right
of way line of Alameda Avenue, said point also being the northeast corner of
Alameda Avenue and the alley between Second Street and First Street; thence
southerly along the easterly right of way line of Alameda Avenue to the southerly
right of way line of First Street (80 feet wide); thence westerly along the
southerly right of way of First Street 135 feet± to its intersection with the ramp
right of way line of Interstate Highway 210; thence southerly and westerly
along said Interstate route right of way line and .its easterly prolongation to its
intersection with the westerly right of way line of Azusa Avenue (100 feet wide)
as .it existed on March 10, 1978; thence northerly along the westerly right of
way line of Azusa Avenue and its northerly prolongation to the .intersection of
the northerly line of First Street (80 feet wide); thence easterly along the
northerly right of way line of First Street to the point of beginning.
Area 2
Beginning at the intersection of the westerly right of way line of Azusa
Avenue and the southerly lot line of Lot 7 of Tract No. 13426, as shown on a
map recorded in Book 268, Page 40, of Maps, in the office of the Los Angeles
County Recorder; thence westerly along the southerly line of said Lot 7 to
the southwest corner thereof, said point also lying in the easterly right of way
of the alley between San Gabriel Avenue and Azusa Avenue; thence northerly
on said easterly alley right of way line 196 feet, more or less, to the southerly
right of way line of Interstate Highway Route 210; thence easterly along
said southerly right of way line through its various courses to the westerly
right of way line of Azusa Avenu;e thence southerly along the westerly right
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of way line of Azusa Avenue.
Area 3
Parcel 2 of Parcel Map No. 2426, recorded in Book 35, page 9 of Parcel
Maps in the office of the County Recorder of Los Angeles County and Parcel 2
of the parcel map recorded in Book 12, page 39 of Parcel Maps in the office
of the County Recorder of said county. Said land being situated at the northwest
corner of Azusa Avenue and Gladstone Street and having a depth of 250 feet on
Azusa Avenue and 363.80 feet on Gladstone Street.
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(1) All material upon which the Aac_ncy
based its original determination,
including all applicable rules and
regulations, except that no evidence
shall be relied upon where a com-
plainant has been improperly denied
an opportunity to controvert the
evidence or cross-examine the
witness;
,(2) The reasons given by the complainant
for requesting review and reconsidera-
tion of the claim;
(3) Any additional written or relevant
documentary material submitted by
the complainant;
(4) Any further information which the
Relocation Appeals Board in its
discretion, obtains by request,
investigation, or research, to
ensure fair and full review of the
claim.
e, IS 1111] Findings and Recommendations_
by Relocation Appeals Board
The findings and recommendations on review by the Relocation
Appeals Board shall include:
(1) The determination of the Relocation
Appeals Board whether the Agency has
complied with State law and where
applicable with federal law, pertaining
to the relocation;
(2) The recommendations of the Relocation
Appeals Board, including any recommenda-
tions for modification of the Agency's
initial determination;
(3) The factual and legal basis upon which
the findings and recommendations rest,
including any pertinent explanation
or rationale;
(4) A statement to the complainant that the
findings and recommendations of the
Relocation Appeals Board will be trans-
mitted to the Agency Board for final
administrative decision with respect
to the claim.
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3. t5
11061 Formal
Review and Reconsiderati
a,
15 11071
Request
for Review
At any time within the period described in Section 1115, a com-
plainant may file a written request for formal review and reconsidera-
tion by the Relocation Appeals Board. The complainant may include
in the request for reveiw any statement of fact within the complain-
ant's knowledge or belief or other material which may have a bearing
on the appeal. If the complainant requests more time to gather and
prepare additional material for consideration or review and demon-
strates a reasonable basis therefor, the complainant may be granted
additional time.
The Relocation Appeals Board shall consider every aggrieved
person's complaint regardless of form, and shall, if necessary, pro-
vide assistance in preparing the written request for review.
b. 15 11081 Notice of Procedures
When a complainant seeks review, the Relocation Appeals Board
shall inform'him that he has the right to be representated by an
attorney, to present his case by oral or documentary evidence, to
submit rebuttal evidence, to conduct such cross-examination as may
be required for a full and true disclosure of facts, and to seek
judicial review once he has exhausted administrative appeal.
C. is 11091 Review by Relocation
Appeals Boar
The Relocation Appeals Board shall promptly hear all complaints
brought by aggrieved persons of a redevelopment project area relating
to relocation and shall determine if the Agency has complied with the
provisions of Chapter 9 of the California Community Redevelopment Law
pertaining to relocation, the Relocation Assistance Law and Guidelines,
these Rules and Regulations and where applicable, with federal law and
regulations.
The Relocation Appeals Board shall, after public hearing, transmit
its findings and recommendations to the Agency Board, including any
recommendations for modification of the Agency's initial determination.
d. 15 1110] Scope of Review
The Relocation Appeals Board shall review and consider the initial
determination of the Agency in the complainant's case in light of:
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X1. IS 11003 GRIEVANCE PROCEDURES
• A. (§ 11011 Right of Review
Any person who believes himself aggrieved by a determination
as to eligibility, the amount of payment, the failure of the Agency
to provide comparable permanent or adequate temporary replacement
housing or the Agency's property management practices may, at his
election, have his claim reviewed and reconsidered by the Agency or
an authorized designee (other than the person who made the determina-
tion in question) in accordance with the procedures set forth in Sec-
tion 1100.
B. [§ 11021 Notification of Decision
If the Agency denies or refuses to consider a claim, the Agency's
notification to the claimant of its determination shall inform the
claimant of its reasons and the applicable procedures for obtaining
review of the decision. If necessary to provide the information in
the language most easily understood by the recipient, such notifica-
tion shall be printed in a language other than English.
C. (§ 11031 Stages of Review
1. [§ 11041 Request for Further Written Information
A complainant may request the Agency to provide him with a full
written explanation of its determination and the basis therefore, if
he feels that the explanation accompanying the payment of the claim
or notice of the Agency's determination was incorrect or inadequate.
The Agency shall provide such an explanation to the complainant
within three (3) weeks of its receipt of his request.
2. [5 11051 Informal oral Presentation
A complainant may request an informal oral presentation before
seeking formal review and reconsideration. The right to formal
review and reconsideration shall not be conditioned upon requesting
an informal oral presentation.
Within fifteen (15) days of the request the Agency shall afford
the complainant the opportunity to make such presentation.
The complainant may be represented by an attorney or other person
of his choosing. This oral presentation shall enable the complainant
to discuss the claim with the Executive Director of the Agency or a
designee (other than the person who made the initial determination)
having authority to revise the initial determination on the claim.
The Agency shall make a summary of the matters discussed in the oral
presentation to be included as part of -its file.
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E. IS 10191 Assistance and Payments to
Persons !•loving without Notice
If the Agency fails to inform any eligible displaced person of
the relocation payments and assistance that may be made available by
the Agency in a timeiy and effective manner, the Agency shall make
every reasonable effort to identify and locate such person who has
moved. Eligible displaced persons who move without offers of assis-
tance and benefits, after the Agency was required to offer assistance
and benefits, shall be provided all such assistance and payments for
which they otherwise qualify. When appropriate, the Agency shall
also compensate such persons for additional costs incurred as a result
of the Agency's failure to provide timely notice and offers of reloca-
tion assistance and benefits.
F. [§ 10201 Termination of Relocation Assistance
The Agency's relocation obligations cease under the following
circumstances:
1. A displaced resident moves to a
comparable replacement dwelling
and receives all assistance and
payments to which he is entitled;
The displaced resident 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;
3. All reasonable efforts to trace a
person have failed;
4. The business concern has received
all assistance and payments to which
it is entitled and has been success-
fully relocated or has ceased
operations;
S. A person displaced from his dwelling _
or business refuses reasonable offers,
of assistance, payments and comparable
replacement dwellings.
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it i
D. IS 10131 P yn.,L:,ts for Replacement Dwe Ings
1. IS 10141 Payment for Purchase of Comparable
Replacement Dwelling
a. IS 1015]• Disbursement
When the Agency has determined the amount of the payment for
purchase of a comparable replacement dwelling to which the displaced
resident is entitled and has verified that the displaced resident
occupies a comparable replacement dwelling, payment shall be made
to the displaced resident.
b. IS 10161 Provisional Payment
Pending Condemnation
if the exact amount of a rcplacc.mcnt houning paymnent cannot be
determined because of a_pending condemnation suit, the Agency may
make a provisional replacement housing payment to the displaced
homeowner equal to the difference between the Agency's maximum offer
for the property and the reasonable cost of a comparable replacement
dwelling, but only if the homeowner enters into an agreement that
upon final adjudication of the condemnation suit' the replacement hous-
ing payment will be recomputed on the basis of the acquisition price
determined by the court.. If the acquisition price as determined by
the court is greater than the maximum offer upon which the provisional
replacement housing payment is .based, the difference shall be refunded
by the homeowner to the Agency. If the acquisition price as determined
by the court is less than the maximum offer upon which the provisional
replacement housing payment is based, the difference shall be paid to
the homeowner.
C. [S 10171 Certificate -of Eligibility
Upon request by a displaced homeowner or tenant who has not yet
purchased and occupied a comparable replacement dwelling, but who is
otherwise eligible for a replacement housing payment, the Agency
shall certify to any interested party, financial institution or lend-
ing agency, that the displaced homeowner or tenant will be eligible
for the payment of a specific sum if he purchases and occupies a
dwelling within the time limits prescribed,
2. IS 1018] Rent Differential Payments
When the Agency has determined the amount of the rent differ-
ential payment to which the displaced resident is entitled and has
verified that the displaced resident occupies a comparable replace-
ment dwelling, payment shall be made to the displaced resident.
The payment shall be made in a lump sum, unless the displaced
resident requests disbursement on another basis. If the uisplaced
resident requests such in writing, the Agency shall make arrangements
for payment in annual or more frequent installments. The Agency may
pay the first and last months rent in advance, to be credited toward
the rent differential payment when made.
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2. IS 10071
Loss of Property
OV
A claim by a displaced business for payment for the actual direct
loss of tangible personal property pursuant to Section 709 shall be
supported by written evidence of loss which may include appraisals,
certified prices, bills of sale, receipts, cancelled checks, copies
of advertisements, offers to sell, auction records, and other records
appropriate to support the claim or the Agency may agree as to the
value of the property left in place.
3. Is 10081 Proof of Earninas
If a displaced business elects to receive an alternate payment
pursuant to Section 706 of these Rules and Regulations,. the business
shall provide proof of its earnings to the Agency. Proof of earnings
may be established by income tax returns, financial statements and
accounting records or similar evidence acceptable to the Agency.
C. Is 10091 Payment of Moving Expenses
1. Is 10101 Advance Payment
An eligible displaced resident or displaced business may be paid
for his anticipated moving expenses in advance of the actual move.
The Agency shall provide advance payment whenever later payment would
result in financial hardship. Particular consideration shall be'given
to the financial limitations and difficulties experienced by low and
moderate income residents and small business operations.
2. I§ 1011.1 Direct Payment
By prearrangement between the Agency, the displaced resident -or
displaced business, and the mover, evidenced in writing, the claimant
or the mover may present an unpaid moving bill to the Agency, and the
Agency may pay the mover directly.
3. IS 10121 Methods Not Exclusive
The specific provisions of these Rules and Regulations are not
intended to preclude the Agency's reliance upon other reasonable
means of effecting a move, including contracting moves and arranging
for assignment of moving expense payments by displaced persons.
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so
X. IS 1000] CLAIM AND PAYMENT PR
A. IS 10011 Filing of Claims
46 0
All claims for relocation assistance and payments filed with
the Agency shall be submitted within eighteen (18) months of the
date on which.the claimant receives final payment for the property
or the date on which he moves, whichever is later. The Agency may
extend this period upon a proper showing of good cause.
B. I§ 10021 Documentation in Support of Claim
1. IS 10031 Moving Expenses
a. IS 10041 Commercial Moves
Except in the case of a displaced resident or displaced business
moving himself, a claim for payment of actual reasonable moving ex-
penses shall be supported by a bill or other evidence of expenses
incurred:
Each claim in excess of $1,000 for the costs incurred by a dis-
placed'business in moving the business operation shall be supported
by competitive bids in such number as are practical. If the Agency
determines that compliance with the bid requirement is impractical,
or if estimates in an amount less than $1,000 are obtained, a claim
may be supported by estimates in lieu of bids.
b. IS 1005] Self Moves
without documentation of moving expenses actually incurred a
displaced resident or displaced business electing to self move may
submit a claim for his moving expenses to the Agency in an amount not
to exceed the estimated cost of moving commercially. The estimated
cost of moving commercially shall be based on the lowest responsible"
bid or estimate from at least two (2) reputable moving firms submitted
by the claimant to the Agency prior to the move. The estimated cost
of moving commercially shall include the cost, if any, of obtaining
bids or estimates.
c. IS 10061 Exemption from Public Utilities
Commission Regulations
Whenever the Agency must pay the actual cost of moving a dis-
placed person the costs of such move shall be exempt from regulation
by the Public Utilities Commission. The Agency may solicit competi-
tive bids from qualified bidders for performance of the work. Bids
submitted in response to such solicitations shall be exempt from
regulation by the Public Utilities Commission.
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' • • • •
IX.is 900) ADDITIONAL PAYMENT FOR PROPERTY AFFECTED BY AIRPORT
A. [§ 5011 Payment Required ,
In addition to the payments required by Sections 600, 700 and 800
of these Rules and Regulations, as a cost of acquisition, the Agency
shall make a payment to any affected property owner meeting the eligi-
bility requirements of Section 902, a payment (not to exceed $15,000)
which equals the actual decline in the fair market value of the pro-
perty of the affected property owner caused by the acquisition by the
Agency for airport purposes of other real property and a change in
the use of such property. Payment under this Section 901 shall be
limited only to such circumstances in which the decline in fair market
value of the affected property is reasonably related to objective
physical change in the use of the acquired property for airport purposes.
B. [5 9021 Eligibility
An affected property owner is eligible for a payment pursuant to
Section 901 if:
1. The affected property is immediately
contiguous to property acquired for
airport purposes; and
2. The owner shall have owned the property•
affected by acquisition by the Agency
not less than 180 days prior to the
initiation of negotiations for acquisi-
tion of the acquired property.
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2. [S 8061 Rent Increase Resulting from
` Rehabilitation
The Agency shall make payments in the amounts prescribed by
these Rules and Regulations, and shall provide advisory assistance
under these Rules and Regulations to persons and families of low or
moderate income, as defined in Section 50.093 of the Health and Safety
Code, whose rent, within one year after the rehabilitation of their
dwelling is completed, is increased by an amount exceeding 25 per-
cent of their income, or who move from their gross dwelling, as the
result of a rehabilitation program in which the rehabilitation work
is wholly or partially financed or assisted with public funds pro-
vided by or through the Agency.
3. [S 807) Temporary Housing for Persons
Displaced by Rehabilitation
The Agency shall provide temporary housing for up to 90 days
to persons displaced by rehabilitation work which is wholly or
partially financed or assisted with public funds provided by or
through the Agency.
4. [S 8081 Option to Relocate in Rehabilitated
Dwelling
A person displaced by rehabilitation work which is wholly or
partially financed or assisted with public funds provided by or
through the Agency shall, as a condition of the financing or assist-
ance, be given the option of relocating, after rehabilitation, in
the dwelling from which the person was displaced.
5. [S 8091 Amount of Payment
The Agency may limit the amounts of payments under this section,
otherwise calculated pursuant to Section 616, to the lesser of: (i)
the difference between the increased rent and -25 percent of gross
incomes or (ii) the difference between the increased rent and the
rent immediately before the rehabilitation, code enforcement, or
demolition which was greater than 25 percent of gross income.
6. [S 8101 Obligation Conditional Upon
Availability of Federal or State
Funds
The payments and advisory assistance as required in this section
shall be mandatory only if federal or state funds are available. How-
ever, nothing shall preclude the Agency from using local funds.
C. [S 8111 Hardship Moves
The Agency may make all or part of the payments prescribed
in these Rules and Regulations, and may provide advisory assistance
under these Rules and Regulations, to a person who moves from a
dwelling, or who moves or discontinues his business, as a result
of the pending. acquisition by the Agency of the real property from
which he moves, but who is not otherwise a displaced person here-
under, as necessary to alleviate hardsnip to such person.
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VIII. is 8001 RELOCATION ASSISTANCE AND PAYMENTS
TO CERTAIN OTHERS
A. is 8011 Displaced Farm Operations
1. [s 8023 Requirement Generally
The Agency shall provide relocation advisory assistance and
make relocation payments to a displaced farm operation in accor-
dance with the provisions of these Rules and Regulations pertaining
to displaced businesses.
2. [5 8033 Eligibility for Alternate Payment
No payment of the type provided for in Section 708 shall be
made to a displaced farm operation unless the Agency determines
that the farm met the definition of a farm operation prior to its
acquisition. If the displacement is limited to only part of the
farm operation, the operator will be considered to have been
displaced from a farm operation if:
a. The part taken met the definition
of a farm operation prior to the
taking; and
b. The taking caused such a substantial
change in the nature of the existing
farm operation as to constitute a
displacement.
B. [S 8043 Displacement for Code Enforcement,
Rehabilitation or Demolition by the
Agency
1. [S 8053 Authorization for Assistance and
Payment
The Agency may make payments in the amounts prescribed in these
Rules and Regulationsi and may provide advisory assistance under
these Rules and Regulationa, to a person who moves from a dwelling
as a.result of enforcement of building codes by the Agency -or system-
atic enforcement pursuant to Section 37924.5 of the Health and Safety
Code, or,moves or discontinues a business as a result of a rehabilita-
tion or demolition program or enforcement of building codes by the
Agency.
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(1) The nonprofit organization cannot
be relocated without a substantial
loss of its existing patronage (the
term "patronage" as used herein
includes the membership, persons,
community, or clientele served or
affected by the activities of the
nonprofit organization); and
(2) The nonprofit organization is not a
part of an enterprise having at least
one other establishment not being
acquired which engaged in the same
or similar activity.
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(c) Has had annual net earnings
of less than $1,000 during
the two (2) taxable years
prior to the displacement
of the major component of
the business;
the remaining facility will not be
considered another "establishment"
for the purposes of this Section;
(3) The displaced business:
(a) Had average annual gross receipts
of at least $2,000 during the
two (2) taxable years prior to
displacement; or
(b) Had average annual net earnings
of at least $1,OOO'during the
two (2) taxable years prior to
displacement; or
(c) Contributed at least 33-1/3 percent
of the total gross income of the
owner(s) during each of the two (2)
taxable years prior to displacement.
In any case where the Agency determines that
the two (2) year period prior to displace-
ment is not representative of the average
receipts, earnings, or income, it may make
use of a more representative period.
If a displaced business does not meet any
of the above conditions, the Agency may
nevertheless pay it the $2,500 minimum
amount, provided that the Agency otherwise
determines that such business is in fact
a bona fide business.
b. [5 7121 Nonprofit Organization
In the case of a nonprofit organization, no payment shall be made
under Section 708 unless the Agency determines that:
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' (2) The extent to which substantially
identical or intimately interrelated
business functions are pursued and
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;
(4) The extent to which the.same person
or closely related persons own, con-
trol, or manage the affairs of the
entities.
2. (S 7101 Eligibility
a. (S 7111 Business (Other than
Nonprofit Organization)
A displaced business (except a nonprofit organization) is eligi-
ble for the payment provided for in Section 708 only if the Agency
determines that: '
(1) "The business cannot be relocated
without a substantial loss of its
existing patronage, based on a
considbration of all pertinent
circumstances including such factors
as the type of business conducted,
the nature of the clientele, the
relative importance to the displaced
business of its present and proposed
location, and the availability of a
suitable relocation site;"
(2) The business is not part of a commercial
enterprise having another establishment
which is not being acquired for a project
and which is engaged in the same or
similar business. Whenever the sole
remaining facility of a business which
has been displaced from its principal;.-:.
location: o-
(a) Has been in operation fow less than
two (2) years; or
(b) Has had average annual -gross receipts
of less than $2,000 during the two
(2) taxable years prior to the dis-
placement of the major component of
the business; or .
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In the event personal property which is sold or abandoned is
promptly replaced with a comparable item, no payment for the
actual direct loss of such personal property shall be made to the
displaced business by the Agency; instead, the displaced business
shall be paid the amount specified in Section 703;.
3. 15 7051 Actual Reasonable Exensesin
Searching or a Replacement Business
A displaced business shall be compensated in an amount not to
exceed $500, for actual reasonable expenses incurred in searching for
a replacement business, including expenses incurred for:
a. Transportation;
b. Meals and lodging away from home;
c. Time spent in searching, based on
an hourly rate of the salary or
earnings of the displaced business
or its representative, but not to
exceed $10.00 per hour;
d. Fees paid to a real estate agent,
broker, or other professional to
locate a replacement business.
C. (S 7061 Alternate Payments
1.
IS 707) Determination of Payments
a. IS 7081 Amount of Payment
A displaced business which moves or discontinues, and which meets
the eligibility requirements of Section 710, may elect to receive and
shall be paid, in lieu of the payments for which it is otherwise
entitled under Section 702, a payment equal to the average annual net
earnings of the business, except that such payment shall not be less
than $2,500 nor more than $10,000. Said dollar limitation shall apply
to a single business regardless of whether it is carried on under one
or more legal entities.
b. (S 7091 Determination of Number
of Businesses
In determining whether one or more legal entities, all of which
have been acquired, constitute a single business, the following factors.'
among others, shall be considered:
(1) The extent to which the same premises
and equipment are shared;
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(there, in the judgment of the Agency, the cost of moving any it.em
of personal property of low value and high bulk which is used in con-
nection with any business would be disproportionate in relation to its
value, the allowable reimbursement for. the expense of moving such pro-
perty shall not exceed the difference between the cost of replacing
the same with a comparable item available on the market and- the amount
which would have been received for such property on' liquidation.
This provision may in appropriate situations be applied to claims
involving the moving of junkyards, stockpiles, sand, gravel, minerals,
metals, and similar property.
A displaced business which conducts a lawful activity primarily
for assisting in the purchase, sale, resale, manufacture, processing,
or marketing of products, commodities, personal property, or services
by the erection and maintenance of outdoor advertising displays is
entitled to payment for the reasonable cost of moving such displays
or their in-place value, whichever is lesser.
2. [S 7041 Actual Direct Losses of
Tangible Personal Property
A displaced business shall be compensated for the actual direct
losses of tangible personal property of the displaced business attri-
butable to moving or discountinuing such business. The total amount
of the payment by the Agency for such losses shall not exceed an
amount equal to the estimated reasonable cost of moving the personal
property, as determined by the Agency. Subject to such limitation,
the actual direct loss of personal property for which claims may
be filed shall be determined by appraising either:
a. The in -use value (fair market value of the
personal property for continued use at its
location prior to displacement) minus net
proceeds realized from the sale'of all or
part of the property; or
b. The in -use value of the personal property,
in the event the property cannot be sold
And is abandoned.
The actual direct loss of personal property shall be computed
and based on an appraisal obtained by either the Agency or the dis-
placed business, and approved by the other.
In order to obtain a payment for the actual direct loss of
personal property, the displaced business shall make a bona fide
effort to sell the 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 purer
chasers. The reasonable cost of an effort to sell the personal
property shall be added to the determination of loss under this
Section.
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h. The cost of any license, permit, or
certification required by a displaced
business concern to the extent such
cost is necessary to the reestablish-
ment of its operation at a new location;
i. The reasonable cost of any professional
services (including but not limited to
architects', attorneys', or engineers'
fees, or consultants' charges) necessary
for planning the move of personal property,
moving the personal property, or installa-
tion of relocated personal property at the
replacement site;
J. Where an item of personal property which
is used in connection with any business
is not moved but is replaced with a com-
parable item, reimbursement in an amount
not to exceed the lesser of:
(1) The replacement cost of the personal
property', minus net proceeds (if any)
realized from the sale of all or part
of the property,
(2) The estimated reasonable cost of moving
the personal property, as determined by
the Agency.
In order to obtain a payment under this para=
graph, the displaced business shall make a
bona fide effort to sell the personal property
for which the payment is claimed at the highest
price offered after reasonable efforts have
been made over a reasonable period of time to
interest prospective purchasers. The displaced
business shall be reimbursed for the reasonable
costs of such effort to sell the tangible
personal property.
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f. The cost of disconnecting, dismantling,
removing, reassembling, reconnecting
and reinstalling machinery, equipment,
or other personal property (including
goods and inventory kept for sale) not
acquired by the Agency, including con-
nection charges imposed by public
utilities for starting utility service;
g. The cost of any addition, improvement,
alteration or other physical change
in or to any structure or its premises
in connection with the reassembling,
reconnection, or reinstallation of
machinery, equipment, or other personal
property; the cost of any addition,
improvement, alteration or other
physical change otherwise required to
render such structure, premises, or
equipment suitable for the business
use; the cost of modifying the machinery,
equipment, or other personal property to
adapt it to the replacement location or
to utilities available at the replacement
location or the cost of modifying the
power supply; claims for reimbursement
of all such costs shall be subject to
the following limitations:
(1) T.he cost shall be directly related
to displacement;
(2) Reimburseable costs shall be
reasonable in amount;
(3) The cost shall be found by the
Agency to be required by law or
ordinance or to be otherwise
necessary to the reestablishment
of the displaced business;
(4) The cost could not be avoided or
substantially reduced at an alter-
nate available and suitable site
to which the business was referred;
(5)-• The Agency shall deduct, on the basis
of a reasonable estimate, the amount,
if any, realized by the displaced
business concern as compensation for
comparable additions, improvements,
alterations or other physical changes
to the structure and premises acquired,
as part of the payment made for the
acquisition.of such structure and
premises;
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••
VII. Iy 700) RELOCATION PAYMENTS TO DISPLACED BUSINESSES
A. IS 7011 Payments Required
The Agency shall compensate the owner'of a displaced business
for the expenses described in Section 702 or 706 and in Section 713.
Whenever the acquisition of real property used for a business causes
the business to move from other real property upon which the same
business is conducted, or to move its personal property therefrom,
such business shall receive payments for moving and related expenses
under Section 702 in connection with its move from such other real
property.
B. I5
7021
Moving Expenses;
Loss of
Property;
Search Expenses
1.
IS
7031 Actual
Reasonable Moving Expenses
A displaced business shall be compensated for the actual reason-
able expenses incurred for moving the business including moving personal
property. In all cases the amount of a payment shall not exceed the
reasonable cost of accomplishing the activity in connection with which
a claim has been filed.
The moving and related expenses for which claims may be filed
shall include:
a. Transportation of persons and property
not to exceed a distance of fifty (50)
miles from the site from which the busi-
ness was displaced, except where_the
Agency determines that relocation beyond
such distance of fifty (50) miles is
justified;
b. Packing, crating, unpacking, and uncrating
personal property;
C. Such storage of personal property for a
period generally not to exceed twelve
(12) months, as determined by the Agency
to be necessary in connection with reloca-
tion; .
d. Insurance of personal property while in
storage or transit;
e. The reasonable replacement value of property
lost, stolen, or damaged (not through the
fault or negligence of the displaced business,
its agents or employee) in the process of
moving, where insurance covering such foss,
theft, or damage is not reasonably available;
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e. A resident who owns a mobile home which
is acquired and rents the site shall be
provided payment as follows:
(1) If a mobile home is not available
the amount required to purchase a
conventional replacement dwelling
(in accordance with Section 604);
(2) The amount necessary to purchase
a replacement mobile home (in
accordance with Section 604) plus
the amount necessary to lease,
rent or make a down payment on a
replacement site ( in accordance
with Section 614); or
(3) If he elects to rent a replacement
mobile home and site, the amount
required to do so in accordance with
Section 614. In calculating this
payment, the average monthly rental
shall equal the economic rent for
the mobile home plus the actual rent
for the site.
f. Similar principles shall be applied 'to other
possible combinations of ownership and tenancy
upon which a claim for payment might be based.
G. [§ 6271 Proration of Payments
For the purpose of calculating an alternate payment under Section
603, or a replacement housing payment under Section 604 or 614, two
or more individuals (whether they are members of one family or not)
living together in and displaced from a single dwelling shall be regarded
as one displaced resident. If two or more such individuals submit more
than one claim, an eligible claimant for a payment may be paid only his
reasonable prorata share (as determined by the Agency) of the total pay-
ment•applicable to a single displaced resident. The total of the pay-
ments made to all such claimants moving from the dwelling unit shall
not exceed the total payment allowed:to be made to a single displaced
resident.
h'here a tenant is sharing a single-family dwelling with an; -owner -
occupant and paying the owner -occupant rent for the privilege,'the ten-
ant shall not be entitled to more than one-half of the replacement
housing payment otherwise payable. The owner -occupant shall not be
required to share the payment to which he is entitled or to accept a
prorated amount.
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3, jc 6261 Replacement Housing Payments
The Agency shall make a replacement housing payment to a dis-
placed resident who is displaced from his mobile home .in the follow-
ing situationss
a, A resident who owns a mobile home and
site and as a replacement purchases both
a dwelling and site shall be provided a
payment in accordance with Section 604.
A resident who owns a mobile home and
site, and as a replacement rents both
a dwelling and site, shall be provided
a payment in accordance with Section
614.
b. A resident who rents a mobile home and
site and as a replacement rents or pur-
chases a dwelling and site, shall be
provided a payment in accordance with
Section 614.
c. A resident who owns a mobile home and
site, and as a replacement purchases
a dwelling and rents a site, shall be
provided a payment in accordance with
Section 604 and 614. The payment shall
be limited to the lesser oft
(1) The amount necessary to purchase
a conventional comparable replace-
ment dwelling; and
(2) The amount necessary to purchase
a replacement mobile home (in
accordance with Section 604) plus
the amount necessary to rent a
replacement site (in accordance
with Section 614). In calculating
this amount, the economic rent for
the site shall be used in lieu of
.average monthly rental to -determine
base monthly rental.
d. A resident who owns a site from which he
moves a mobile home shall be provided a
payment under Section 604 if he purchases
a replacement site and under Section 614
if he rents a replacement site.
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4. IS 620) Rental Payments for Displaced
Homeowners and Dependents
a. IS 6211 Homeowners
A displaced homeowner who elects to rent rather than purchase a
replacement dwelling and who meets the eligibility requirements of
Section 616 is eligible for the rent differential payment specified
in Section 615a.
b. IS 6221 Dependents
A dependent who is residing separate and apart from the person or
family providing support, whether such separate residence is permanent
or temporary, shall be entitled to payment under Section 614, but such
payment' shall be limited to the period during which the displaced
dependent resides in the replacement dwelling. For the purposes'of
this Section "dependent" shall be a person who derives fifty-one per-
cent (518) or more of his income in the form of gifts, from any
private person or any academic scholarship or stipend. Full time
students shall be presumed to be dependents but may rebut this pre-
sumption by demonstrating that fifty percent (508) or more of their
income is derived from sources other than gifts from another private
person or academic scholarship or stipends.
Dependents residing with the family of which they are a part shall
not be entitled to any payment except as a part of the family.
F. IS 623] Payments to Residents Displaced
from 14obile Home
1. IS 6241 Payments Required
The eligibility requirements and payment provisions of Section
600 are applicable to displaced residents who are owners or tenants
of mobile homes.
2. IS 6251 Moving Expenses: Retention
and Move of Mobile Home
•If a mobile home is moved to another site and the displaced resi-
dent elects to be compensated for actual reasonable moving expenses
(and not an alternate payment pursuant to Section 603), then the dis-
placed resident shall be paid an amount for moving expenses determined
in accordance with the applicable provisions of Section 703, Actual
Reasonable Moving Expenses for a displaced business.
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(b) Schedule Method. Where the Agency deter- '
mines the comparative method is not feasible,
it may establish a schedule of reasonable
rental charges for the various types of
comparable replacement dwellings. The Agency
shall cooperate with other entities causing
displacement in the area to establish a
uniform schedule. The schedule shall be
based on a current analysis of the market
to determine a reasonable rental charge for
each type of dwelling to be rented. The
analysis may be confined to the sub -area
from which the persons are displaced or
may cover several different sub -areas, if
they satisfy or exceed the criteria for a
comparable replacement dwelling. To assure
the greatest comparability of dwellings in
any analysis, the analysis shall be divided
into classifications of the type.of construc-
tion, number of bedrooms, and range of rental
charges; or
(c) Alternative Method. Where the Agency deter-
mines that neither the schedule, nor com-
parable method is feasible in a given situa-
tion, by the use of another reasonable
method selected by the Agency.
Whichever method is selected the cost shall be updated to within
three (3) months of the date of rental of the replacement dwelling.
In calculating the base monthly rental and the rental for a com-
parable replacement dwelling the Agency will include as a'component
of rent the cost or estimated cost of utilities, but not including
telephone service.
b. [§ 6191 Downpayment
The downpayment for which a payment specified' in Section 615b may
be made, together with any matching share which may be required, shall
not exceed the amount of a reasonable downpayment for the purchase of
a comparable replacement dwelling where such purchase is financed, plus
expenses incident to the purchase of a replacement dwelling computed
in accordance with Section 610. The full amount of a downpayment shall
be applied to the purchase'of the replacement dwelling and shall be
shown on the closing statement or other document acceptable to the
Agency.
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3. IS 617) Computation of Replacement
Housing Payment
a. IS 6181 Rent Differential Payment
The amount of payment necessary for a displaced resident to lease
or rent a comparable replacement dwelling shall be computed by sub-
tracting forty-eight (48) times the base monthly rental of the dis-
placed resident, from forty-eight (48) times the monthly rental for
a comparable replacement dwelling; provided, that in no case may
such amount exceed the difference between forty-eight (48) times the
base monthly rental and forty-eight (48) times the monthly rental
actually required for the replacement dwelling occupied by the dis-
placed resident.
(1) Base Monthlv Rental. The base monthly rental
shall be the lesser of:
(a) the average monthly rental paid by
displaced resident for the 3 -month
period prior to initiation of
negotiations; and
(2)
(b) twenty-five percent (258) of the dis-
placed resident's average monthly
income.
Where the displaced resident was the owner
of the dwelling from which he was displaced
or was not required to pay rent for that
dwelling, or where the rental was unreal-
istically low, the economic rent shall be
used in lieu of the average monthly rental
to calculate base monthly rental.
for Comparable
monthly rental for a compar
ing shall be determined by
of the following -methods:
ement
ble re
The
dwell -
the Agency using one
(a) Comparative Method. On a case by case basis
by determining the listing rental of dwellings
which are most representative of the acquired
dwelling and meet the definition of a compar-
able replacement dwelling. Whenever possible
the listing rental of at least three dwellings
shall be considered; or
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b. Is not eligible to receive a replacement
housing payment for homeowners or elects
not to receive such payment. Where the
displaced resident is the owner -occupant
of the dwelling, the payment made under
Section 615b shall not exeed the amount
of payment to which the resident would
be entitled under Section 604.
C. The displaced resident shall within one
year from the date of displacement rent
or purchase (as the case may be) and
occupy a replacement dwelling. Where
for reasons beyond the control of the
displaced resident completion of con-
struction, rehabilitation, or relocation
of a replacement dwelling is delayed
beyond the date by which occupancy is
required, the Agency shall determine
the date of occupancy to be the date the
displaced resident enters into a contract
for such construction, rehabilitation,
or relocation or for rental or purchase,
upon completion, of a dwelling to be
constructed or rehabilitated, if, in
fact, the displaced person occupies the
replacement dwelling when the construction
or rehabilitation is completed. Where
for reasons of hardship or circumstances"
beyond the control of the displaced
resident, such person is unable to occupy
the replacement dwelling by the required
date, the Agency may extend the deadline
as necessary. If by the deadline the
displaced person has contracted to rent
or purchase a replacement dwelling, the
Agency will extend the deadline. No
person otherwise eligible for payment,
shall be denied such eligibility as a
result of his being unable, because of
a major state or national disaster, to
meet the occupancy requirements con=
tained herein.
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6. [5 6131 Lease of Condominium
For the purposes of this Section 604, the leasing of a'condomin-
ium for a 99 -year period, or for a term which exceeds the life expec-
tancy of the displaced resident as determined by the most recent life
tables in Vital Statistics of the United States, as published by the
Public Health Service of the Department of Health, Education and
Welfare, shall be deemed a purchase of the condominium.
E. IS 6141 Replacement Housing Payments for
Tenants and Certain Others
1. IS 6151 Amount of Payment
The Agency shall make to a displaced resident who meets the eligi-
bility requirements of Section 616, a payment not to exceed $4,000
for either:
a. An amount necessary to enable such
person to lease or rent a comparable
replacement dwelling for a period
not 'to exceed 4 years; or
b. An amount necessary to enable such
person to make a downpayment on the
purchase of a comparable replacement
dwelling (including incidental expenses
described in Section 610). If such
amount exceeds $2,000, the displaced
resident shall equally match any such
amount in excess of $2,000 in making
the downpayment.
2. IS 6161 Eligibility
A displaced resident is eligible for a replacement housing payment
if such person satisfies the following conditions:
a. Has actually and lawfully occupied the
dwelling from which he is displaced for
a period of not less than 90 days prior
to the initiation of negotiations for
acquisition of such dwelling. If a
resident satisfies all but the 90 -day
requirement and can establish to the
satisfaction of the Agency that lie
occupied the dwelling with the intention.
of making it his place of residence, that
the move was not motivated by a desire
to receive relocation assistance and
benefits, and that he neither knew nor
should have known that public acquisition
was intended, the Agency may reduce the
requirement as necessary.
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(2) Lender, F11A, VA or similar appraisal
costs;
(3) FHA, VA, or similar application fee;
(4) Cost for certification of structural
soundness;
(5) Credit report charges;
(6) Charge for owner's and mortgagee's
evidence or assurance of title;
(7) Escrow agent's fee;
(B) Sales and transfer taxes.
Payment for any such expenses shall not exceed the amount attri-
butable to the purchase of a'replacement dwelling. Such expenses
shall be reasonable and legally required or customary in the City.
Reimbursement shall not be made under the provisions of this
Section for any fee, cost, charge, or expense which is determined to
be a part of the debt service or finance charge under Title I of the
Truth in Lending Act and Regulation Z issued pursuant thereto by the
Board of Governors of the Federal Reserve System. Any such sum should
be considered in the determination of increased interest cost.
4. (§ 611) Multi -Family Dwelling
In the case of a displaced homeowner who is required to move
from a one -family unit of a multi -family building which he owns, the
replacement housing payment shall be -based on the cost of a comparable
one -family unit in a multi -family building of approximately the same
density or if that is not available in a building of the next less
density, or, if a comparable one -family unit in such a multi -family
building is not available, the cost of any otherwise comparable
single-family structure.
5. 15 6121 Homeowner Retention of Dwelling
If a displaced homeowner elects to retain, move, and occupy his
dwelling, the amount payable as the replacement housing payment is
the difference between the acquisition price of the acquired property
and the sum of the moving and restoration expenses, the cost of cor-
recting decent, safe, and sanitary deficiencies, if any, and the
actual purchase price of a comparable relocation site. The payment
shall not exceed the amount of the replacement housing payment to which
the homeowner would otherwise be entitled.
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(3) Alternative Method. Where the Agency
determines that neither the schedule,
nor comparative method is feasible in
a given situation, by the use of another
reasonable method selected by the Agency.
Whichever method is selected the cost shall be updated to
within three months of the date of purchase of the replacement
dwelling.
b. [S 609)
Increased Interest Cost
Increased interest cost shall be equal to the discounted pre-
sent value of the difference between the aggregate interest appli-
cable to the amount of the principal of the mortgage on the acquired
dwelling over its remaining term at the time of acquisition, and
other debt service costs, and the aggregate interest paid on the
mortgage on the replacement dwelling, and other debt'service costs.
The term and amount of the mortgage on the replacement dwelling for
the purposes of this Section shall be the lesser of the remaining
term and amount of the mortgage on the acquired dwelling, or the
actual term and amount of the mortgage on the replacement dwelling.
The amount of the debt service cost with respect to -the replacement
dwelling shall be the lesser of the debt service cost based on - the
cost required for a comparable replacement dwelling, or the'debt
service cost based on the actual cost of the replacement dwelling.
Prepaid interest or "points" shall be considered in the deter-
mination of the aggregate interest.
In calculating the amount of compensation, increased interest
cost shall be reduced to discounted present value using the prevail-
ing interest rate paid on savings deposits by commercial banks in
the general area in which the replacement dwelling. is located.
C.. is 6101 Expenses Incident to the Purchase
of the Replacement Dwelling
The replacement housing payment shall include the amount neces-
sary to reimburse the displaced resident for actual costs incurred
by him incident to the purchase of the replacement dwelling-, includ-
ing but not limited to the following:
(1) Legal, closing, and related costs
including title search, preparing
conveyance contracts, notary fees,
surveys, preparing drawings or
plats, and charges paid incident
to recordation;
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or circumstances beyond the control of the
displaced resident, such person is unable
to occupy the replacement dwelling by the
required date, the Agency may extend the
deadline as necessary. If by the deadline
the displaced person has contracted to
purchase a replacement dwelling, the Agency
will extend the deadline. No person other-
wise eligible for payment, shall be denied
such eligibility as a result of being unable,
because of a major state or national disaster,
to meet the occupancy requirements contained
herein.
3. IS 6071 Computation of Replacement Housing Payment
a. IS 6081 Reasonable Cost of Comparable
Replacement Dwelling
In determining the reasonable cost of a comparable replacement
dwelling, the Agency shall use one of the following methods:
(1) Comparative Method. On a case by case
basis by determiing the listing price
of dwellings which have been selected
by the Agency and which are most rep-
resentative of the acquired dwelling
unit and -meet the definition of a
comparable replacement dwelling. When-
ever possible the listing price of at
least -three dwellings shall be con-
sidered; or
(2) Schedule Method. Where the Agency deter
mines the comparative method is not fea-
sible, it may establish a schedule of
reasonable acquisition costs for the
various types of comparable replacement
dwellings. The Agency shall cooperate
with other entities causing displacement
in the area to establish a uniform
schedule. The schedule shall be based
on a current analysis of the market to
determine a reasonable cost for each
type of dwelling to be purchased. The
analysis may be confined to the sub -area
from which persons are displaced or may
cover several different sub -areas, if
they satisfy or exceed the criteria for
a comparable replacement dwelling. To
assure the greatest comparability of
dwellings in any analysis, the analysis
shall be divided into classifications
of the type of construction, number of
bedrooms, and price ranges; or
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C. Reasonable expenses incurred by the
displaced resident incident to the
purchase of the replacement dwelling,
but not including prepaid expenses;
d. The cost of rehabilitating a dwelling
which does not satisfy the decent,
safe and sanitary standard.
2. [§ 6061 Eligibility
A displaced resident is eligible for a replacement housing pay-
ment if such person satisfies the following conditions:
a. Has actually owned and occupied the
dwelling from which he is displaced
for not less than 180 days prior to
the initiation of negotiations for
acquisition of such dwelling. If
an owner satisfies all but the 180 -
day requirement and can establish
to the satisfaction of the Agency
that he bought the dwelling with the
intention of making it his place of
residence, that the move was not
motivated by a desire to receive
relocation assistance and benefits,
and that he neither knew nor should
have known that public acquisition
was intended, the Agency may reduce
the requirement as necessary.
b. Purchases and occupies a replacement
dwelling within one year subsequent
to the date on which he received final
payment from the Agency for all costs
of the acquired dwelling or the date
on which he moves from the acquired
dwelling, whichever is later. Where
for reasons beyond the control of the
displaced resident completion of con-
struction, rehabilitation, or relocation
of a replacement dwelling is delayed
beyond the date by which occupancy is
required, the Agency shall determine the
date of occupancy to be the date the dis-
placed resident enters into a contract
for such construction, rehabilitation,
or relocation or for the purchase, upon
completion, of a dwelling to be constructed
or rehabilitated, if, in fact the displaced
resident occupies the replacement dwelling
when the construction or rehabilitation is
completed. Where for reasons of hardship
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6. The cost of disconnecting, dismantling,
removing, reassembling, reconnecting
and reinstalling machinery, equipment
or other personal property not acquired
by the Agency, including connection
charges imposed by public utilities for
starting utility service.
C. IS 6031 Alternate Payments
A displaced resident who is eligible for a payment for actual
reasonable moving expenses may elect to receive, and shall be paid,
in lieu of such payment:
1. A moving expense allowance not to exceed
$300, and determined in accordance with
established Federal Highway Administration
schedules maintained by the California
Department of Transportation; and
2. A dislocation allowance of $200.
D. 15 6041 Replacement HousingPayments for
Displaced Homeowners
1. IS 6051 Amount of Payment
The Agency shall make to a displaced resident who meets the
eligibility requirements of Section 606 a payment not to exceed a
combined total of $15,000 for:
a. The amount, if any, which when added
to the acquisition cost of the dwelling
acquired for -the project equals the
reasonable cost of a comparable re-
placement dwelling. This amount shall
not exceed the difference between the
acquisition price of the acquired
dwelling and the actual purchase price
of the replacement dwelling;
b. The amount, if any, to compensate the
displaced resident for any increased
interest cost he is required to pay
for financing the acquisition of a
replacement dwelling. The payment
shall not be made unless the dwelling
acquired by the Agency was encumbered
by a.bona fide mortgage which was a
valid lien on the dwelling for not
less than 180 days prior to the imita-
tion of negotiations for acquisition
of such dwelling. (This time require-
ment may be modified in accordance
with the provisions of Section 606a);
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f • •
VI. 15 600),_ RELOCATION PAYMENTS TO DISPLACED RESIDENTS
A. 15 6011 Payments"Required,
The Agency shall Fate placed resident fo the ex-
penses described '� �ctioz. or 603 and in Section 604 or 614.
A displaced ent who lives on his business property may be
eligibl =. both the payments described in this Section 600 and the
pa ,s to a displaced business provided under Section 700. A per -
.n who moves from his dwelling or who moves his personal property
therefrom because he is displaced by the Agency from other real pro-
perty on which lie conducts a business .shall be eligible only for
payments provided for under Section 602 or 603;
B. 15 6021 Actual Reasonable Moving Expenses
A displaced resident 'shall be compensated for the actual reason-
able expenses 'incurred in moving himself and his family, including
moving personal property. •In all cases the amount of a payment shall
not exceed the reasonable cost of accomplishing the activity in con-
nection with which a claim has been filed.
The moving and related expenses for. which claims :may be filed
shall include:
I. Transportation of persons and property not
to exceed a distance of fifty (50) miles
'. from the site from which'the resident was
displaced, except where the Agency deter-
mines that relocation beyond such distance
Of fifty (50) miles is justified;
2. Packing, crating, unpacking. and uncrating ••
personal property;
3. Such storage of personal property, for a
period generally not to exceed twelve (12)
months, as determined by the Agency to be
necessary in connection with relocation)
4. Insurance of personal property while in
storage or transit;
5. The reasonable replacement value of property
lost, stolen, or damaged (not through the
fault of the displaced resident, his agent
or employee) in the process of moving, where
insurance covering such loss, theft or damage
is not reasonably available;
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1. When displacement is necessitated by a
major disaster as defined in Section
102(2) of the "Disaster Relief Act of
1974";
2. During periods of declared national
or state emergency;
3. When such other extraordinary or
emergency situations occur where
immediate possession of real property
is of crucial importance.
Any waiver of the requirement for replacement dwellings prior
to displacement shall be supported by appropriate findings and a
determination of the necessity for the waiver.
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•• •6
F. [S 5241 Move to substandard Dwelling Unft
The Agency shall inspect each replacement dwelling prior to the
time a displaced resident occupies it. The Agency shall not induce
or encourage a displaced resident to acquire a dwelling which.does
not satisfy the standards of a comparable replacement dwelling.
If a displaced resident occupies a dwelling unit to which he
is referred by the Agency and the dwelling unit does not satisfy
the standard of a comparable replacement dwelling, the Agency shall
offer to locate such a dwelling for the displaced resident and to
pay again all moving and related expenses.
If a displaced resident chooses not to move from a substandard
dwelling unit he has occupied, the displaced resident shall never-
theless be eligible to receive relocation assistance and payments if
one of the following -conditions is met:
i. If he occupied the substandard dwelling
unit following referral by the Agency;
or,
2. If the rental or purchase of the substandard,
dwelling unit is the result of the Agency's
failure to identify a reasonable number of
comparable replacement dwellings; or
3. If the purchase of the substandard dwelling
unit is not the result of the Agency's
referral or failure to refer, when the sub-
standard dwelling unit is brought into
compliance with the decent, safe and sanitary
standard.
In the event the condition met is paragraph 3,
housing payment shall be limited to the amount •tha
vided in connection with the purchase of a similar,
placement dwelling, or the sum of the actual costs
(including incidental expenses) and rehabilitation,
less. j
any replacement
t•would be pro -
comparable re -
of acquisition
whichever is
G. [S 5251: Waiver of Requirement for Replacement
Dwelling Prior to Displacement
When immediate possession of the real property.is of crucial
importance and one of the following circumstances exists, the Agency
may require an eligible displaced resident to -move from his dwelling
before -a comparable replacement dwelling or temporary. -adequate re-
placement dwelling is available:
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Whenever practicable, the Agency shall utilize the services of
federal, state, or local housing agencies, or other agencies having
experience in the administration or conduct of similar housing pro-
grams. Where several agencies are administering programs resulting
in residential displacement, upportunities shall be sought for joint
development and financing to aggregate resources in order most effi-
ciently to provide last resort housing in sufficient quantity to
satisfy the aggregate needs of such programs.
2. 15 5201 Nondiscrimination; Affirmative Action
All contracts and subcontracts for the construction, rehabili-
tation or management of last resort housing shall be let without
discrimination as to race, color, religion, ancestry, national origin,
sex, marital.status or other arbitrary circumstance and pursuant to
an affirmative action program. The Agency shall encourage participa-
tion 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
Agency shall seek to secure significant participation of minorities
in these activities. The Agency 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 perfor-
mance of contracts for such work.
3. IS 5211 Conformity with Statutes and Regulations
The provision of last resort housing by the Agency 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 1968, the Unruh Civil Rights Act, the California
Fair Housing Law, and the California Environmental Quality Act of
1970, and regulations issued pursuant thereto.
4. IS 5221 Monitoring Housing Production
The Agency shall monitor the production of the last resort housing
to ensure that it is in accordance with the plan for last resort hous-
ing approved by.the Agency.
5. 15 5231 Retention of Benefits upon
Move to Last Resort Housing
The Agency shall not require a displaced resident to accept last
resort housing in lieu of the displaced resident's acquisition pay-
ment, if any, for the real property from which he is displaced or the
relocation payments for which he may be eligible.
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If comaarable replacement dwellings are not available, and the
Agency determines that such housing cannot otherwise...be made avail-
able, the Agency shall use funds authorized for the project for
which the real property, or interest thereof,• is being acquired to
provide such housing.
The Agency may expend funds and take such other actions as nec-
essary to provide, rehabilitate, or construct, last resort housing pur-
suant to an approved plan for last resort housing through methods
including but not limited io the following:
a. Transfer of funds to state and local housing
agencies;
b. Contract with organizations experienced in
the development of housing;
c. Direct development, rehabilitation or con-
struction by the Agency;
d. Financing of development, rehabilitation or
construction by the Agency;
e. Provide housing subsidies as permitted by law.
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1,•
c.
The move to temporary replacement hous-
ing will not affect a claimant's•eligi-•
bility for a replacement housing payment
nor deprive him of the same choice of .
replacement dwelling units that would
have been made available had the temporary',.
move not been made and the costs of a :1,
temporary move will not be considered '
as all or a part of relocation payments `
to which a displaced resident is entitled;,
d.
If a project plan anticipates moves back
into housing accommodations in the project
area, the resident who has been temporarily
displaced will be given priority opportunity
to obtain such housing.accommodations; .
e.
The Agency will pay all costs in connection'
with the move to temporary replacement
hous-ing,
including increased housing costs.
E, I§
5181 Provision of Last -Resort Housing
1.
•I§ 5191 Authorization; Methods �.
If comaarable replacement dwellings are not available, and the
Agency determines that such housing cannot otherwise...be made avail-
able, the Agency shall use funds authorized for the project for
which the real property, or interest thereof,• is being acquired to
provide such housing.
The Agency may expend funds and take such other actions as nec-
essary to provide, rehabilitate, or construct, last resort housing pur-
suant to an approved plan for last resort housing through methods
including but not limited io the following:
a. Transfer of funds to state and local housing
agencies;
b. Contract with organizations experienced in
the development of housing;
c. Direct development, rehabilitation or con-
struction by the Agency;
d. Financing of development, rehabilitation or
construction by the Agency;
e. Provide housing subsidies as permitted by law.
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D• IS 5141 Temporary Move
1. IS 5151 Use of Temporary Replacement Housing
The Agency may relocate displaced residents to temporary re-
placement housing under the conditions provided in Section 514.
Such housing shall meet the standards of an adequate replacement
dwelling.
The Agency shall minimize, to the greatest extent feasible, :.
the use of temporary replacement housing. Temporary replacement
housing may be used, among other appropriate times, when a project
plan anticipates moves back into completed project accommodations.
Notwithstanding the provision that permanent housing facilities
may be made available at any time within three (3) years from the
time residents are displaced, to the extent reasonably practicable,
the Agency shall not rely upon temporary replacement housing if
comparable replacement dwellings will not be available to the dis-
placed resident within twelve (12) months of the date of the tem-
porary move. The displaced resident may agree to extend the twelve
(12) month limitation.
2• (S 5161 Relocation Assistance and Payments
The Agency shall provide displaced residents who move to tem-
porary replacement housing with relocation assistance, services and
benefits designed to achieve permanent relocation of such residents
into comparable replacement dwellings.
3. IS 5171 Assurances Prior to Temporary Move
Prior to any temporary move, the Agency shall determine and pro-
vide written assurance to each displaced resident that:
a. Comparable replacement dwellings will
be made available at the earliest
possible time,•and to the extent reason-
ably practicable no later than twelve
(12) months from the date of the move
to the temporary replacement housing;
b. Comparable replacement dwellings will
be made available, on a priority basis,
to the individual or family who has been
temporarily rehoused;
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(e) .With respect to uncompleted new construction
or rehabilitation, such publicly subsidized
dwelling units are being subsidized to pro—
vide relocation resources.,
c• 15 510 Adjustment for Concurrent
Displacement
The gross number of comparable replacement dwellings in the sur-
vey atea shall be discounted to reflect concurrent displacement by
the federal 'government and its agencies, including federally assisted
projects, as well as displacement by other public entities.
d.. (5'511) Adjustment for Housing
Turnover
The gross'number of comparable replacement dwellings" in the
survey area shall be discounted to reflect the extent to which turn
over exists. Turnover is the dynamic operation by which occupancy
changes occur within a standing inventory of dwelling 'units over
a period of time and theoretically could occur in the•complete
absence of vacancies on a person to person basis. Turnover may not
be counted as an available housing resource.
3. 15 5121 Review of survey Results
When more than twenty-five (25) households will be displaced,
results of 'the survey of comparable replacement dwellings shall be
submitted for review to local housing, development and planning
agencies and shall be compared to other existing information on
housing.
Notwithstanding the results of the surveyy.of comparable teplacer�
ment dwellings, if the demand for housing •is such that there are no
vacancies other than those permitted by'turnover, the Agency may
proceed to displace residents from dwellings, but only to the extent
that the Agency obtains offers of comparable replacement dwellings
for such residents in accordance with the provisions of Section 513.
C. (5 5131 Offers of Replacement Dwellin s'
The Agency shall obtain at least three offers of comparable re-
placement dwellings for each displaced resident; provided that where
the Agency determines that, due to special circumstances, three.`is
not a reasonable number, -.fewer than three offers-may`be''deemed suf-
ficient'to'satisfy the requirements of this Section. Such offers
shall be in writing, in a language understood by the displaced
resident.
The Agency's obligation to obtain a comparable replacement dwell-
ing for any displaced resident shall be deemed to be satisfied if such
resident is offered and refuses without justification, the number of
specifically identified comparable replacement dwellings provided for
in this Section.
(2) (§ 5081 Uncompleted 17ew Construction
or Rehabtation
Uncompleted new construction or rehabilitation shall only be
counted toward the gross number of comparable replacement dwellings
if there is a substantial likelihood that the dwelling units will be
available when needed and at housing prices or rental costs within
the financial means of the prospective occupants.
(3) (§ 5091 Publicly Subsidized Housin
Publicly subsidized housing, as defined pursuant to Article
XXXIV of the California Constitution and Sections 37000 through 37002
of the California Health and Safety Code, shall only be counted toward
the gross number of comparable replacement dwellings if it reasonably
can be established that:
(a) The dwelling units will be available when
needed;
(b) The governmental body providing the subsidy
has made, in writing, a reasonably binding
commitment of assistance;
(c) The dwelling units have been inspected and
determined to be decent, safe and sanitary
and the income ceilings, rent ranges and
age restrictions, if any, have been con-
sidered;
(d) The number of dwelling units available in
the City exceeds the number of households
in need of the dwelling units, provided
however that.this requirement shall not
apply when:
(i) the Agency or another public entity
undertakes to provide such publicly
subsidized housing specifically as
a relocation resource; or,
(ii) the Agency establishes that such
publicly subsidized housing will be
replaced by last resort housing within
four (4) years. To establish that last
resort housing will be developed as
required the Agency must have site con-
trol with permissive zoning, preliminary
plans and conditional commitments for
subsidy and financing, or the equivalent,
and must identify ownership;
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V. Is 5001 ASSURANCE OF COMPARABLE REPLACEMENT DWELLINGS
A. [S 501] Requirement Generally
No displaced resident shall be required to move from his dwell-
ing because of its acquisition by the Agency, unless there is a
replacement dwelling available to -him. The Agency shall assure that,
within a reasonable period of time prior to displacement, to the ex-
tent that it can be reasonably accomplished, there will be available
comparable replacement dwellings equal in number to the number of
displaced residents who require such dwellings. In any event, per-
manent housing facilities (comparable replacement dwellings) shall
be made available within three (3) years from the time residents are
displaced and pending the development of such facilities there shall
be available to such displaced residents adequate temporary housing
facilities.
B. [S 5021 Procedure for Identifying
Comparable Replacement Dwellings
1. [S 5031 Survey of Available Replacement Dwellings
As soon as practicable following the initiation of negotiations
to acquire a parcel of real property the Agency shall initiate a sur-
vey of available comparable replacement dwellings. If a recent survey
that provides the information identified in Section 504. is not avail-
able, the Agency shall conduct a survey of the housing market. If A
recent survey is available, but it does not reflect more recent,
significant changes in housing market conditions, the survey shall be
updated or it shall not be relied upon. In the event of delay in
carrying out the implementation activity to which the survey pertains,
the survey shall be updated•at least annually.
2• [S 5041 Information to be Obtained
a. [S 5051 Survey Area
The survey area shall be reasonably related to the displacement
area and to the needs and preferences of the persons to be displaced.
The survey area shall have relevant characteristics specified for eom-
parable-replacement dwellings which equal or exceed those of the neigh-
borhood from which persons are to be displaced.
b. [S 506] Gross Number of Comparable Replacement
(1) [S 5071 Standard Generally
only dwelling units which -satisfy the standards of comparable re-
placement dwellings, including the locational criteria, shall be counted
as a relocation resource,
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0
(5) Adequate provisions have been made to
provide orderly, timely, and efficient
relocation of eligible persons to com-
parable replacement dwellings available
without regard to race, color, religion,
ancestry, national origin, sex or marital
status, with minimum hardship to those
affected;
(6) A relocation plan meeting the requirements
of state law and these Rules and Regulations
has been prepared;
(7) The necessary relocation resources will be
available as required;
(S) With respect to the acquisition of real
property, to the greatest extent practicable,
adequate provisions have been made to be
guided by the applicable provisions of state
law and these Rules and Regulations.
3. [S 4131 Review of Supplemental Relocation Plan
The Supplemental Relocation Plan for an implementation activity
shall be submitted to the Project Area'Committee for review and
comment. The Project Area Committee shall have thirty (30) calendar
days following receipt of the plan to prepare and submit -written
comments to the Agency. The Agency Board.shall review and consider
the information contained in each Supplemental Relocation Plan'
prior to displacing persons in connection with the redevelopment
plan implementation activity for which the Supplemental Reloca-
tion Plan was prepared.
C. . [S 4141 Conformance to General Plan
Relocation plans prepared by the Agency in accordance with
Section 400 shall be consistent with the Housing Element of the
City's General Plan.
D. [S 4151 Update of Relocation Plans
In the event of delay in implementation of a Supplemental
Relocation Plan prepared by the Agency, such Supplemental Relocation
Plan shall be updated annually. In addition the Agency shall main-
tain its Overall Relocation Plan in a manner to reflect current
law, procedures, and circumstances.
-27-
(3)sThe prices at which the sing will
be rented or sold to the families and
individuals to be displaced;
(4) The arrangements for housing management
and social services, as appropriate;
(5) The suitability of the location and
environmental impact of the proposed
housing;
(6) The arrangments for maintaining rent
levels appropriate for the persons
to be rehoused;
(7) The disposition of proceeds for rental,
sale or resale of such housing;
(8) Any referendum or zoning requirements
and the appropriate procedures to be
followed.
The Agency may consult or contract with the Department, a local
housing authority or other agency or organization having experience
in the administration or conduct of housing programs to provide
technical assistance and advise in the development of the plan for
last resort housing.
d. (§ 4121 Information Required
The Supplemental Relocation Plan shall contain sufficient facts
to show that:
(1) Fair and reasonable relocation payments
will be provided to eligible persons
as required by state law and these Rules
and Regulations;
(2) A relocation advisory assistance program
will be established in conformance with
state law and these Rules and Regulations;
(3) Eligible persons will be adequately in-
formed of the assistance, benefits, -policies,
practices and procedures, including grievance
procedures, provided for by state law and
these Rules and Regulations;
(4_) Based upon recent survey and analysis of both
the housing needs of persons Who will be dis-
placed and available replacement housing and
considering competing demands for that housing,
comparable replacement dwellings will be avail-
able, or provided, if necessary, within a
reasonable period of time prior to displacement
sufficient in number, size and cost for the
eligible persons who require them;
-26-
The written analysis of replacement dwelling resources shall
include:
(1) separate information concerning home-
ownership and rental units;
(2) The number of units available by cost
for each size category;
(3) Resources available to meet'the needs
of elderly and handicapped households
shown separately, including information
on the number of units with special
facilities and the nature of such
facilities;
(4) Description of the locational character-
istics of the neighborhoods in the survey
area (established pursuant to Sections 503-
505 below) corresponding to the require-
ments of comparable replacement dwellings;
(5) Information concerning proximity to
present employment sources (with the
consent of the displaced person a
potential employer may be substituted),
medical and recreational facilities,
parks, community centers, shopping,
transportation and schools;
(6) Information concerning proximity to
other relevant needs and amenities.
c• AS 4111 Method of Providing Last
Resort Housing
If the Agency determines to use its funds or the funds authorized
for the project to provide last resort housing, the Agency shall, as
part of the Supplemental Relocation Plan, prepare a plan for producing
such last resort housing. The Plan shall specifys
(1) How, when and where the housing will be
provided;
(2) How the housing will be financed and the
amount of funds to be diverted to such
housing;
1 -25-
a. (§ 409) Analysis of Replacement
Dwelling Needs
A written analysis of replacement dwelling needs shall be pre-
pared. It shall be prepared in sufficient detail to enable deter-
mination of the availability for all potential displacees of housing
which meets the standards set forth in the definition of comparable
replacement dwelling.
The written analysis of replacement dwelling needs shall
include:
(1) Separate information concerning home-
ownership and rental units;
(2) The number of units identified by cost
for each size category;
(3) Needs of elderly and handicapped house-
holds shown separately, including in-
formation on the number of such house-
holds requiring special facilities and
the nature of such facilities;
(4) Description of the locational character-
istics of the displacement area neighbor-
hoods corresponding to the requirements
of comparable replacement dwellings;
(5) Information concerning proximity to
present employment sources, medical and
recreational facilities, parks, community
centers, shopping, transportation and
schools;
(6) Information concerning proximity to other
relevant needs and amenities.
b• IS 4101 Analysis of Re lacement
Dwelling Resources
A written analysis of replacement dwelling resources shall be
prepared in sufficient detail to enable a determination of the avail-
ability for all potential displacees of housing which meets the'stan-
dard for comparable replacement dwelling.
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•-
• •
H. 15406 ] Supplemental Relocation Plans
1. (§407 ) Requirement Generally
As soon as practicable following the initiation of negotiations
to acquire a parcel of real property in any displacement area re-
quired for site improvements, disposition and development agreements,
participation agreements or any other activity in implementing a
redevelopment plan that will result in displacement, the Agency shall
prepare a Supplemental Relocation Plan. When the Agency's action will
only result in an insignificant amount of non-residential displacement,
the Agency is not required to prepare such a Supplemental Relocation
Plan.
2. LS 4081 Contents of Plan
The Supplemental Relocation Plan for an implementation activity
shall contain the following elements:
a. A diagrammatic sketch of the displacement area;
b. Projected dates of displacement;
Ce An analysis of the aggregate relocation needs
of all persons to be displaced, including an
analysis of replacement dwelling needs in
accordance with Section 409;
d. An analysis of replacement dwelling resources,
in accordance with Section 410;
e. A detailed explanation as to how the aggregate
relocation needs of all persons to be displaced
are to be met;
f. A cost estimate for carrying out the Supplemental
Relocation Plan'and identification of the source
of necessary funds;
g. A detailed plan by which any last, resort housing
is to be provided, in accordance with Section
911;
h. Temporary relocation plans, if any;
i. Additional information or data regarding any
plan element prepared pursuant to Section 403,
as necessary to address such relocation aspects
of the implementation activity not previously
considered in the Overall Relocation Plan.
-23-
b. (§ 4041 Additional Plan Elements
In addition to the plan elements referred to in Section 402,
the Agency shall prepare and maintain as part of its Overall Re-
location Plan the'following information:
a. A detailed description of the relocation
advisory services program, including
specific procedures for locating and re-
ferring eligible persons to comparable
replacement dwellings;
b. A description of the relocation payments
to be made and a plan for disbursement;'
c. Standard information statement(s) to be
sent to all persons to be displaced;-
d.
isplaced;
d. A description of relocation office
operation procedures;
e. Plans for citizen participation;
f. An enumeration of coordination activities
undertaken with other displacing agencies
and social service agencies;
g. A formal grievance procedure for use by
displaced persons seeking administrative
review of Agency determinations..
2. IS 4051 Procedure for Preparation
The method or plan for relocation prepared pursuant to Section
403 shall accompany each redevelopment plan submitted by the Agency to
the City Council as required by Section 33352 of the California Com-
munity Redevelopment Law. :
With respect_ to redevelopment projects adopted after the effective
date of these Rules and Regulations, the additional plan elements re-
quired by Section 404 shall be prepared, reviewed and approved by the•
Agency concurrently with such method or plan. With respect' to rede-
velopment projects adopted prior to the effective date of these Rules
and Regulations, such additional plan elements shall be prepared-,
reviewed and approved by the Agency within one hundred and twenty (120)
days of such effective date.
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IV. IS 4001 RELOCATION PLANS
A. (S 4013 Overall Relocation Plan
1. [§ 4023 Contents of Plan
a. [§ 4031 Report to City Council
As part of the Agency's report to City Council submitted in con-
nection with the adoption of a redevelopment plan for any redevelop-
ment project area, the Agency shall prepare a feasible method or plan
for the relocation of all of the following:
a, Families and persons to be temporarily
or permanently displaced from housing
facilities in the project area; and
b. Nonprofit local community institutions
to be temporarily or permanently dis-
placed from facilities actually used
for institutional purposes in the pro-
ject area..
The method or plan shall show that there are or are being pro-
vided in the redevelopment project area, or in other areas, comparable
replacement dwellings equal in number to the number of and available
to families and persons displaced from dwellings in the redevelopment
project area. The method or plan shall also show that permanent hous-
ing facilities will be available within three years from the time
occupants of the redevelopment project area are displaced and that
pending the development of such facilities there will be available to
such displaced occupants adequate temporary housing facilities at rents
comparable to those in the City at the time of their displacement.
The method or plan shall provide that no persons or families of
low or moderate income shall be displaced unless and until there is
a suitable housing unit available and ready for occupancy by such dis-
placed person or family at rents comparable to those at the time of
their displacement. Such housing units shall be suitable to the needs
of such displaced persons or families and must be decent, safe, sanitary,
and otherwise standard dwelling.
-The Agency may also provide in such report to City Council a fea-
sible method or plan for the relocation of businesses to -be temporarily
or permanently displaced from facilities in the project area.
Plans -prepared pursuant to this Section shall be provided to the
Department upon request to be reviewed -by the Department.
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09 0J
E. [§ 3171 Contracting for Relocation Services
The Agency may enter into a contract with any individual, firm,
association, corporation or governmental agency having an established
organization for conducting relocation assistance programs, for the
purpose of providing relocation advisory assistance.
F. 15 3181 Coordination of Relocation Assistance
The Agency shall coordinate its relocation assistance program
with other work necessitating displacement of persons, and with ac-
tivities of other public entities in the City or nearby areas, for
the purpose of planning relocation activities and coordinating the
availability of replacement dwelling resources in the implementation
of the Agency's re location' assistance program.
-20-
b. 15 3121 Coordination with Other
Agencies
In order to avoid duplication of effort and to ensure that nec-
essary information is available at the appropriate time, the Agency
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. 15 3131 Interview after Person
Moves without Notice
If the Agency fails to conduct the required interview of any
eligible person in a timely and effective manner, the Agency shall
make every reasonable effort to identify, locate and interview such
person who has moved so that his relocation needs can be determined.
2. IS 3191 Relocation Records
Based on information obtained during interviews and from other
sources as applicable, the Agency 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 nec-
essary. A displaced person (or any person authorized in writing by
such person) shall have the right to inspect such documents contain-
ing information relating to him to the extent and in the manner pro-
vided by law.
3. IS 3151 Updating Information
Information pertaining to the relocation needs of eligible persons
occupying each parcel of real property with respect to which the Agency
has initiated negotiations for acquisition shall be up -dated at least
annually. Eligible persons shall be encouraged to bring any change in
their needs to the attention of the Agency.
D. IS 3161 Relocation Site Office
The Agency may, as it deems necessary, establish a site office
which is accessible to all area residents and businesses who may be
displaced to provide relocation assistance. Any such office shall
be staffed with trained and/or experienced relocation personnel.
office hours shall be scheduled to accommodate persons unable to visit
-the office during normal business hours. The Agency may also make pro-
vision for meeting with displaced persons in their homes or places of
business.
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019
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a. IS 3111 Information to be Obtained
The Agency shall endeavor to obtain the following information
from eligible persons:
(1)' Income;
(2) Whether a person is elderly
or handicapped;
(3) Size of family;
(9) 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 publc services,
special schools and other services;
(10) Eligibility for publicly assisted
housing;
(11) With reference to the present dwelling:
(a) the rent;
(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 neigh-
borhood conditions (including municipal
services).
(12) Such other matters that concern a household
as its members contemplate relocation.
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4. IS 3061 Notice of Eligibility Status
In addition to disseminating general information of the type
described in this Section 302, the Agency shall provide each occupant
of the property with individual, written notification of his eligibil-
ity status as soon as it has been established.
5• 15 3071 Language of Informational Material
Informational material shall be prepares] 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
should be used and all informational material should be provided in
the native language(s) and English.
6, IS 3081 Method of Delivery of Informational
Material
To assure receipt of the informational material, the Agency shall
arrange to have the material either hand -delivered to each occupant of
the property with a request for a written'receipt# or sent by certified
mail, return receipt requested.
C. 15 3041 Determination of Relocation Needs
1. IS 3101 Interviews
As soon as practicable following the initiation of negotiations
to acquire a parcel of real property the Agency shall interview each
eligible person occupying such property to obtain information upon
which to plan for housing and other accommodations, as well as counsel-
ing and assistance needs. The interview shall be by direct, personal
contact, except where repeated efforts• indicate that such contact is
not possible. The Agency 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.
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5. Identification of the Agency's relocation
program and a description of relocation
services and aids that will be available;
6. Encouragement to visit the Agency's reloca-
tion office and cooperate with staff, and.
the address, telephone number and hours of
the relocation office;
7. Information to residents on replacement
dwellings, including:
a. A brief description of what constitutes
a replacement dwelling, including physical
standards;
b. A layman's description of applicable
federal, state and local fair housing
laws;
c. A statement that the Agency will identify
available comparable replacement dwellings
and will provide assistance to persons in
obtaining housing of their choice, includ-
ing assistance in referring complaints of
discrimination to the appropriate federal,
state or local fair housing enforcement
agency;
d. A statement that persons may seek their
own housing accommodations, and urging
them, if they do so, to notify the Agency'
prior to making a commitment to purchase
or occupy the property.
8. A statement to businesses that the Agency
will provide every possible assistance in
locating relocation accommodations, includ-
ing consultation with the Small Business
Administration and other governmental agencies
which might be of assistance;
9. A statement to businesses describing the re-
quirement for prior notification to the Agency
of the business concern's intention to move;
10. A summary of the Agency's eviction policy;
11. A statement describing the Agency's grievance
procedure, its purpose and how.it may be used;
12. Any additional information that the Agency
believes would be helpful.
Where appropriate, separate information' statements shall be
prepared for residential and non-residential occupants.
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2. j§ 304] Personal Contact
As soon as practicable following the initiation of negotiations
to acquire a parcel of real property the Agency shall contact each
eligible person occupying such property to carefully explain and dis-
cuss fully with such person the extent of relocation payments and
assistance that may be made available by the Agency. 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 con-
ducted pursuant to Section 310. All persons shall be advised and
encouraged to visit the'Agency's relocation office for information
and assistance. The Agency shall maintain personal contacts with
occupants of the property to the maximum extent practicable.
3. [5 3051 Information Statement:
Relocation Assistance
As soon as practicable following the initiation of negotiations
to acquire a parcel of real property the Agency shall provide each
occupant of such property with a written statement containing the
following information:
1. A general description of the nature and
types of activities that will be undertaken
and identification of the displacement area
involved, including a diagrammatic sketch
of such area;
2. A statement that Agency 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 Agency;
3. 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 com-
parable replacement dwellings within their
financial means have been made, except under
limited circumstances provided for in these
Rules and Regulations;
4. A general description of types of relocation
payments -available, including general eligi-
bility criteria, and a caution against pre-
mature moves that might result in loss of
eligibility for a payment;
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8. Provide any services required to insure
that the relocation process does not result
in different or separate treatment on
account of race, color, religion, ancestry,
national origin, sex, marital status or
.other arbitrary circumstances. Such reloca-
tion process shall satisfy the requirements
of Title VI of the Civil Rights Act of 1964,
Title VIII of the Civil Rights Act of 1968,
the Unruh Civil Rights Act and the California
Fair Housing Law;
9. Supply to eligible persons information con-
cerning 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 to minimize their hardships, such as
counseling and referrals with regard to housing,
financing, employment, training, health and
welfare;
11. Inform all persons who are expected to,be dis-
placed about the eviction policies to be pur-
sued in carrying out the project.
B.. IS 3021 Informational Pro ram
1• IS 3031 General Information
The'Agency shall establish and maintain an information program
utilizing meetings, newsletters, and other mechanisms, including
local mbdia available to all persons, for keeping occupants of the
property which the Agency is acquiring informed on a continuing basis
about its relocation program. The criterion for selecting among
various alternative mechanisms shall be the likelihood of actually
communicating information to such persons. Legal publications, legal
ads in local newspapers of general circulation and similar means are
inadequate if they are likely to go unnoticed.
' The Agency shall provide technical assistance as necessary to
interpret elements of the Agency's Relocation Plan and other pertinent
materials.
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IS 3001 RELOCATION ADVISORY ASSISTANCE
A. IS 3011 Advisory Assistance to be Provided
Sy the Agency
The Agency shall provide relocation advisory assistance to
any resident or business displaced because of the acquisition of
real property by the Agency. in addition the Agency may provide
relocation advisory assistance to any person occupying property
immediately adjacent to the real property acquired whd the Agency
determines is caused substantial economic injury because of the
acquisition.
The relocation advisory assistance to be provided by the Agency
shall include such measures, facilities and/or services as may be
necessary or appropriate in order to:
1. Fully inform eligible persons as to the
availability of relocation benefits and
assistance and the eligibility require-
ments therefor, as well as the procedures
for obtaining such benefits and assistance;
2. Determine the extent of the need of each
eligible person for relocation assistance;
3. Assure eligible displaced residents that
within a reasonable period of time prior
to displacement, to the extent that it can
be reasonably accomplished, there will be
- available comparable replacement dwellings
sufficient in number and kind for and avail-
able to such eligible residents;
4. Provide current and continuing information
on the availability, prices, and rentals of
comparable sales and rental housing, and.com-
parable 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, displaced person to
complete applications for payments and
benefits;
6. Assist each eligible, displaced resident to
obtain and move to a comparable replacement
dwelling;
7. Assist each eligible, displaced business in
obtaining and becoming established in a suit-
able replacement location with a minimum of
delay and loss of earnings;
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II. (§ 2351 Public Use
"Public use" means a use for which real property may be acquired
by eminent domain.
JJ. 15 2361 Relocation Appeals Board
"Relocation Appeals Board" means the relocation appeals board
established within the City pursuant to Section 33417.5 of the
California Community Redevelopment Law.
KK. (S 237) Tenant
"Tenant" means a person who rents or is otherwise in lawful pos-
session of a dwelling, including a sleeping room, which is owned by
another.
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DD. IS 230) Person
"Person" means any individual, family, partnership, corporation
or association.
EE. 15 231] Personal Property
"Personal property" means tangible property which is situated on
the real property vacated or to be vacated by a displaced person and
which is considered personal property and is non -compensable (other
than for moving expenses) under the state law of eminent domain.
In the case of a tenant, personal property includes fixtures and
equipment, and other property which may be characterized as real pro-
perty under state or local law, but which the tenant may lawfully and
at his election 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 closing or settlement statement with
respect to the real property acquisition.
FF. IS 2321 Post -Acquisition Tenant
"Post -acquisition tenant" means a tenant who lawfully com-
mences to occupy property only after the Agency acquires it.
GG. 15 2331 Prepaid Expenses
"Prepaid expenses" means items paid in advance by the seller of
real property and pro -rated 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.
HH. 15 2341 Project Area Committee
"Project area committee" means a committee formed for a redevelop-
ment project area pursuant to Section 33385 of the California Community
Redevelopment Law.
With respect to any redevelopment project in which such a project
area committee has not been formed, "project area committee" shall
refer to residents and community organizations within a displacement
area.
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•• ••
Z. [S 2 26 Mobile Home
"Mobile 'home" means a structure, transportable 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 con-
nected to the required utilities and includes the plumbing, heating,
air-conditioning and electrical systems contained therein. A self-
propelled vehicle is not a mobile home.
AA. [S 2271 Mortgage
"Mortgage" means such classes of liens 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, includ-
ing but not limited to deeds of trust and land sales contracts.
BB. [§ 228) Nonprofit Organization
"Nonprofit organization" means a corporation, partnership, in-
dividual or other public or private entity, engaged in a business,
professional or institutional activity on a non-profit basis, neces-
sitating fixtures, equipment, stock in trade, or other tangible pro-
perty for the carrying on of the business, profession or institutional
activity on the premises. :
CC. [S 2291 Ownership
"Ownership" means holding any of the following interests in a
dwelling, or a contract to purchase one of the first six (6) inter-
ests:
1. A fee title;
2.' A life estate;
3. A 50 -year lease;
4. A lease with at least twenty (20) years
to run from the date of acquisition of
the property;
5. A proprietary interest in a cooperative -
housing project which includes the right
to occupy a dwelling;
6. A proprietary interest in a mobile home;
7. A leasehold interest with an option to
purchase.
In the case of one who has succeeded to any of the foregoing in-
terests by devise, bequest, inheritance or operation of law, the ten-
ure of ownership, but not occupancy, of the succeeding owner shall
include the tenure of the preceding owner..
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T. IS 2201 Farm Operation
00
"Farm operation" means any activity conducted solely or primarily
for the production of one or more agricultural products or commodities,
including timber, for sale or home use, and customarily producing such
products or commodities in sufficient quantity to be capable of con-
tributing materially to the operator's support.
U. (S 2211 Federal Project
"Federal project" means any direct federal project or any project
receiving federal financial assistance.
V. )S 2221 Gross Income
"Gross income" means the annual income from all sources of each
member of the family residing in the household who is eighteen (18)
years of age or over, except that income of a head of household or
his spouse who is under eighteen (18) shall be included. Gross income
is based on the 12=month period prior to displacement. If the Agency
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 in such excep-
tional situations.
W. (S 2233 Handicapped Household
"Handicapped household" means a household in which any member is
handicapped or disabled.
X. IS 224) Initiation of Negotiations
"Initiation of negotiations" means the initial written offer made
by the Agency to the owner of the real property to be purchased, or
the owner's representative.
Y. (S 2251 Last Resort Housing
"Last resort housing" means comparable replacement dwellings pro-
vided by the Agency with its funds or funds authorized for the project
because comparable replacement dwellings will not otherwise be avail-
able as needed.
Last resort housing as herein defined does not refer to *replace-
ment dwelling unit" as that term is used and defined in Section 33411.
2(c) of the California Community Redevelopment Law.
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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 theimplementation of a redevelopment
plan is not a displaced person.
O. IS 2151 Displaced Resident
."Displaced resident" means any individual or family occupant
off -a dwelling who qualifies as a displaced person under Section
214 hereof.
P. IS 2163 Dwelling
"Dwelling" means the place or permanent or customary and
usual abode of a person, including a single-family building, a
single-family unit in a two-family dwelling, multi -family or multi-
purpose dwelling, a unit of a condominium or cooperative housing
project, a nonhousekeeping unit, a mobile home 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.
A second home shall be considered a dwelling only for the
purpose of establishing eligibility for payment for moving and
related expenses under Section. 6.02.'6f these Rules and Regula-
tions.
Q. IS 2171 Economic Rent
"Economic rent" means -the amount of rent a tenant or homeowner
would have to pay for a dwelling similar• to the acquired dwelling
in a comparable area.
R. , IS 2183 Elderly Household
"Elderly household" means a household in which the head of"house-
hold or spouse is sixty-two (62) years of age of older.
s. I§ 2193 Family
"Family" means two or more individuals, one of whom is the head
of a household, plus all other individuals regardless of blood or
legal ties who live with and are considered a part of the family unit.
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When the term "decent, safe and sanitary" is interpreted under
local, state or federal law, as'establishing a higher standard, the
elements of that higher standard are incorporated herein.
K. IS 2111 Department
"Department" means the California Department of Housing and Com-
munity Development.
L. IS 2121 Displaced Business
"Displaced business" means any business which qualifies as a
displaced person under Section 214 hereof.
M. I§ 2131 Displaced Farm Operation
"Displaced farm operation" means any farm operation which quali-
fies as a displaced person under Section 214 hereof.
N. IS 2141 Displaced Person
"Displaced person" means any person who moves from real property,
or who moves his personal property from real property, as a result
of:
1. The acquisition of such real property,
in whole or in part, by the Agency
or by any person having an agreement
with or acting on behalf of the
Agency; or
2. A written order from the Agency to
vacate the real property; or
3. The initiation of negotiations by the'
Agency to acquire the real property.
This definition shall be construed so that persons displaced
as a result of Agency action receive benefits in cases where 'they
are displaced as a result of an owner participation agreement or
an acquisition carried out by a private person for or -in connection
with a public use where the Agency is otherwise empowered to acquire
the property to carry out the public use.
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A replacement dwelling is within the
financial means of a displaced resident
also if the purchase price of the dwelling
including related increased interest costs
and other reasonable expenses 'incident to
the purchase of the replacement dwelling
does not exceed the total of the amount of
just compensation provided for the -dwelling
acquired and the replacement housing payment
available to the resident.
If a dwelling which satisfies these standards is not available,
the Agency may consider a dwelling which exceeds them.
"Replacement dwelling" as herein defined does not refer to "re-
placement dwelling unit" as that term is used and defined in Section
33411.2(c)•of the California Community Redevelopment Law.
I. [§ 2091 ' Condominium
"Condominium" means a combination of co -ownership and ownership
in severalty. It is an arrangement under which persons in a housing
development hold full title to a one -family dwelling unit, including
an undivided interest in common areas and facilities, and such re-
stricted common areas and facilities as may be designated.
J. [§ 2101 Decent, Safe and Sanitary Dwelling
"Decent, safe and sanitary dwelling" means a dwelling which is
in sound, clean and weather -tight condition, in good repair and ad-
equately maintained, in conformance with the applicable state and
local building, plumbing, electrical, housing and occupancy codes'
or similar. ordinances or regulations and which.meets the following
minimum standards:
1. Each housekeeping unit shall include a.
kitchen with a fully usable sink, a stove
or connection for a stove, a separate and
complete bathroom, hot and cold running
water in both bathroom and kitchen, an
adequate and safe wiring system for lighting
and other electrical services and heating
as required by.climatic conditions and
local codes.
2. Each non -housekeeping unit shall be in
conformance with state and local standards
for boardinghouses, hotels and other dwell-
ings for congregate living.
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It is not required that the replacement
dwelling be generally as desirable as the
acquired dwelling with respect to environ-
mental.characteristics. Though a displaced
resident does not have to accept a dwelling
subject to unreasonable adverse environmental
conditions, neither is the Agency required to
duplicate environmental characteristics, such
as scenic vistas or proximity to the ocean,
lakes, rivers, forests, or other natural
phenomena.
If the displaced resident so wishes, every
reasonable effort shall be made to relocate
such resident within or near to his existing
neighborhood. Whenever practicable the re-
placement dwelling shall be reasonably close
to relatives, friends, services or organizations
with whom there is an existing dependency rela-
tionship;
3. Available on the private market to the dis-
placed resident and available to all residents
regardless of race, color, religion, ancestry,
national origin, sex, or marital status in a
manner consistent with federal and state law;
4. To the extent practicable and where consistent
with paragraph 1 of this Section, functionally
equivalent and substantially the same as the
acquired dwelling, but not excluding newly
constructed housing;
5. Within the financial means of the displaced
resident. A replacement dwelling is within
the financial means of a displaced resident
if the monthly housing cost (including pay-
ments for mortgage, insurance and property
taxes) or rental cost (including utilities
and other reasonable recurring expenses),
minus any replacement housing payment avail-
able to the resident, does not exceed the
same proportion of the resident's average
monthly income as is currently being ex-
perienced in the City by persons at the
displaced resident's income level; provided
however that in no event shall such amount
exceed twenty-five percent (258) of average
monthly income for residents of low or
moderate income# unless such twenty-five per-
cent {258) limit is waived in writing by such
low or moderate income resident.
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F. (§ 2061 Business
00
"Business" means any lawful activity, except a farm operation,
conducted primarily:
1. For the purchase, sale, lease, or rental of
personal and real property, and for the man-
ufacture, processing, or marketing of products,
commodities or any other personal property; .
2. For the sale of services to the public;
3. By a nonprofit•organizationi or
4. Solely,,fdr the purpose of Section 700 of these
Rules and Regulations, for assisting in the
Rurchase, sale, resale, manufacture, processing
or marketing of -products, commodities, personal
'
property or services by the erection and main-
tenance of an outdoor advertising display,
whether or not such display is located on the
premises on which any of the above activities
are conducted.
G. [S 2071 City
"City" means the City of Azusa.
H.. [§ 2081 Comparable Replacement Dwelling
"Comparable replacement dwelling" means a dwelling which satis
fies each of the following standards:
1. Decent, safe, and sanitary, and comparable to.
the acquired dwelling with respect to number
of rooms, habitable living space and type and
quality of construction, but not lesser in
rooms or living space than necessary to
accomodate the displaced resident;
2. In an area not subjected to unreaspnable°
adverse environmental conditions from either .
natural or man-made sources, and not generally
less desirable than the acquired dwelling with
respect to public utilities, public and commer-
cial facilities and neighborhood conditions,.
including schools and municipal services#.and.:
reasonably accessible -to' the displaced resident's
present or potential place of employments pro-
vided that a potential place of employment may
not be used to satisfy the accessibility require-
ment.if the displaced resident objects.
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II. 15 2001 DEFINITIONS
A. 15 2011 Acquisition
"Acquisition" means obtaining ownership or possession of real
property by purchase, eminent domain, or any other lawful means.
S. 15 2021 Adequate Replacement Dwelling
"Adequate replacement dwelling" means a dwelling which meets
all of the criteria for a comparable replacement dwelling, except
that with respect to the number of rooms, habitable living space
and type of construction the dwelling need be only adequate, not
comparable.
C. 1S 2031 Agency
"Agency" means the Azusa Redevelopment Agency, a public
body, corporate and politic, organized and.existing under Chapter 2
of the Community Redevelopment Law of the State of California, and
any agency, staff consultants, assignees, delegates and City depart-
ments who may be assigned the duties and responsibilities for
implementing the Relocation Assistance Law pursuant to these Rules
and Regulations.
D.. 15 2041 Average Annual Net Earnings
"Average annual net earnings" means one-half of any net earnings
of a business before federal, state and local income taxes, during
the two taxable years immediately preceding the taxable year in which
such business moves from the real property being acquired, or during
such other period as'the Agency determines to be more equitable for
establishing such earnings, and includes any compensation paid by
the business to the owner, his spouse or his dependents during such
period.
The term "owner" as used herein includes the sole proprietor
in a sole proprietorship, the principal parties in a partnership,
and the principal stockholders of a corporation, as determined by
the Agency. For purposes of determining a principal stockholder,
stock held by a husband, his wife and their dependent children wil4,
be treated as one unit. 1.
E. 15 2051 Average Monthly Income
"Average monthly income" means gross income divided by twelve.
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' C. IS 103) Effective Date; Applicabilit
The effective date of these Rules and Regulations shall be the
date of their adoption by the Agency. These Rules and Regulations
shall be applicable to all displacement and acquisition occurring
after their adoption by the Agency.
D. 15 104) Extent of Relocation Payments
The Agency shall provide relocation assistance and shall make
all of the relocation payments required by law, including the making
of such payments financed by. the federal government. In addition,
the Agency may make any additional relocation payments which in the
Agency's opinion may be reasonably necessary under the circumstances
of the particular case to carry out the purposes of a redevelopment
plan for any redevelopment project.
E. 15 1051 Priority of Federal Law
With respect to a federally funded project, the Agency shall
make relocation assistance payments and provide relocation advisory
assistance as required under federal law. The Agency may make any
relocation assistance payment, or may make any relocation assistance
payment in an amount which exceeds the maximum amount for such pay-
ment authorized by these Rules and Regulations, if the making of
such payment, or -the payment in such amount, 'is required under
federal law to secure federal funds.
F. 1$.106] Severability
If any provision of -these Rules and Regulations or the applica-
tion thereof to any person or circumstances is held -invalid, such
invalidity shall not affect other provisions or applications of the
Rules and Regulations which can be given effect without the invalid
provision or application, and to this end the provisions of the
Rules and Regulations are severable.
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RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW
I. is 1001 GENERAL
A.. If 101) Purpose
The purpose of these Rules and Regulations is to implement the
California Relocation Assistance Law (Government Code, Section 7260
et seq.) and the Guidelines for issuance of Regulations and Proce-
dures Implementing the Relocation Assistance Law adopted by the
Commission of Housing and CommAnity Development (the "Guidelines")'
These Rules and Regulations have also been formulated to the extent
deemed appropriate with reference to the Relocation Assistance and
Real Property Acquisition Guidelines adopted by the Department of
Housing and Community Development (the "Department Guidelines").
The Rules and Regulations are designed to carry out the follow-
ing policies of the Relocation Assistance.Law with respect to ac-
tivities of the.Agency:
1. To ensure that uniform, fair and equitable
treatment is'afforded persons displaced from
their homes or businesses as a result of the
actions of the Agency, in order that such
persons shall not suffer disproportionate
injury as a result of action taken for the
benefit of the public as a whole;.and
2. In the acquisition of real property by the
Agency, to ensure consistent and fair treat-
ment for owners of real property to be
acquired, to encourage and expedite acquisi-
tion by agreement with owners of such property
in order to avoid litigation and relieve con-
gestion in courts, and to promote confidence
in public land acquisition.
Be ($ 1021 Authority
These Rules and Regulations have been adopted by resolution
of the Agency pursuant to Section 7267.8(a) of the California
Government Code, and are in conformity with the Relocation Assis-
tance Law and the Guidelines.
The findings and recommendations of the Relocation Appeals
Board shall be in writing and copies thereof shall be provided
to the complainant and transmitted to the Agency Board.
The Relocation Appeals Board shall issue findings and recom-
mendations as soon as possible, but no later than three (3) weeks
from receipt of the last material submitted for consideration by
the complainant or the date of the hearing, whichever is later.
In the case of complaints recommended for dismissal for untime-
liness or for any other reason not based on the merits of the
claim, the time limit for issuing the findings and recommendations
shall be reduced to ten (10) days.
f. (S 11121 Final Determination by Agency Board
(1) (S 11131 Scope of Review
After receipt of the written findings and recommendations of
the Relocation Appeals Board, the Agency Board shall review and
reconsider the initial determination of the Agency on the claim.
The Agency Board may, but is not required to, conduct a hearing
de novo with respect to the claim, as it deems necessary. The
complainant shall be given at least ten (10) days written notice
prior to the matter being heard.
The Agency Board shall base its final decision on the claim
upon the record compiled in connection with the proceedings of the
Relocation Appeals Board, 'and upon the record of the hearing (if
any) held by the Agency Board.
(2) (S 11141 Final Determination
The final determination on review by the Agency Board shall
include, but is not limited to:
(1) The Agency Board's decision on
reconsideration of the claim;
(2) The factual and legal basis upon
which the decision rests, including
any pertinent explanation or ration=
ale;
(3) A statement to the complainant that
administrative remedies have been
exhausted, if such be the case, and
that judicial review may be sought.
The final determination of the Agency Board shall be in writ-
ing and a copy thereof shall be provided to the complainant.
-67-
The Agency Board shall issue its determination as soon as
possible, but no later than three (3) weeks from receipt by the
Agency Board of the written findings and recommendations of the
Relocation Appeals Board. In the case of complaints dismissed
for untimeliness or for any reason not based on the merits of
the claim, the time limit for issuing such determination shall
be reduced to ten (10) days.
D. IS 1115) Time Limit for Requesting Review
Any request for review under Section 1105 and/or Section 1106
shall be filed in writing with the specified reviewing authority
within thirty (30) days following the date the complainant receives
notice of the decision being appealed. Such time limit may be
extended for good cause by the Agency.
E. ($ 1116) Stay of Displacement Pending
Final Determination
If a complainant seeks to prevent displacement, the Agency shall
not require the complainant to move until at least twenty (20) days
after the Agency has made its final determination. In all cases the
Agency shall notify the complainant in writing at least twenty (20)
days prior to the proposed new date of displacement.
Any complaint seeking to prevent displacement must be brought
within thirty (30) days of service by the Agency of the notice to
vacate provided for by Section 1302 of these Rules and Regulations.
Such notice to vacate must include notice that any complaint seeking
to prevent displacement must be filed within thirty (30) days.
F. (§ 11171 Joint Complainants
Where more than one person is aggrieved by the failure of the
Agency to refer them to comparable permanent or adequate temporary
replacement housing the complainants may join in filing a single
written request for review. A determinatidn shall be made as herein
provided for each of the complainants.
G. IS 11181 Right to Counsel
Any aggrieved party has a right to representation by legal or
other counsel at his expense at'•any and all stages of the proceedings
set forth in Section 1100.
Q
H. [§ 11191 Review of Files by Claimant
Except to the extent that confidentiality of material is pro-
tected by law or its disclosure is prohibited by law, the Agency
shall permit the claimant to inspect all files and records bearing
upon his claim or the prosecution of the claimant's grievance..
The Agency may impose reasonable conditions on such right to inspect.
If a -claimant is improperly denied access to any relevant material
bearing on the claim, such material may not be relied upon in review-
ing the initial determination.
I. [§ 11201 Recommendations by Third Party
Upon agreement between the claimant and the Agency, a mutually
acceptable third party or parties may review the claim and make
advisory recommendations thereon to the Agency for its final deter-
mination. In reviewing the claim and making recommendations to the
Agency, the third party or parties shall be guided by Section 1100
of these Rules and Regulations.
J. [§ 11211 Effect of Determination
on Other Persons
The principles established in all determinations by the Agency
shall be considered as precedent for all eligible persons in similar
situations regardless of whether or not a person has filed a written
request for review. All written determinations shall be kept on file
and available for public review.
K. [S 11221 Judicial Review
Nothing in these Rules and Regulations shall in any way preclude
or limit a claimant from seeking judicial review of his claim upon
exhaustion of such administrative remedies as are available under Sec-
tion 1100.
-69-
00
XII. 15 12001 ACQUISITION PRACTICES
A. IS 12011 Acquisition of Property
y Negotlation
The Agency shall make every reasonable effort to acquire pro-
perty by negotiation and to do so expeditiously. In order to do so
the Agency shall, to the greatest extent practicable, be guided in
its property acquisition practices by the provisions of this Section
1200. Provided however, that the provisions of Sections 1202, 1203,
1206 and 1208 shall not apply to the acquisition of any easement,
right-of-way, covenant, or other non -possessory interest in real pro-
perty to be acquired for the construction, reconstruction, alteration,
enlargement, maintenance, renewal, repair, or replacement of subsur-
face sewers, waterlines or appurtenances, drains, septic tanks, or
storm water drains.
B. IS 12021 Appraisal of Property
Before negotiations are initiated to acquire property, the
Agency shall have the property appraised, giving the owner or his
designated representative an opportunity, by reasonable advance
written notice, to accompany the appraiser during the inspection
of the property.
C. I5 12031 Notice of Decision to Appraise
I. IS 12041 Contents of Notice
The Agency shall provide the owner with written notice of its
decision to appraise the real property as soon as possible after the
decision to appraise has been reached. The notice shall state, as
a minimum, that:
a. A specific area is being considered
for a particular public use;
b. The owner's property is located within
the area;
c. The status of the Agency's decision
on whether or not to acquire the pro-
perty, including a statement that no
determination has been made by the
Agency to acquire the property, if
such be the case;
d. A statement that the owner or his
representative (designated in writing)
shall be given the opportunity to
accompany each appraiser during his
inspection of the property.
-70-
R
•� .�
Paged
O.
215)
Displaced Resident ----------------
8
P.
I§
2161
Dwelling --------------------------
8
Q.
I§
2171
Economic Rent ---------------------
8
R.
IS
2181
Elderly Household -----------------
8
S.
- IS
219]
Family ----------------------------
8
T.
IS
220]
Farm Operation --------------------
9
U.
[§
221]
Federal Project -------------------
9
V.
IS
2221
Gross Income ----------------------
9
W.
IS
2231
Handicapped jiousehold-------------
9
X.
[S
2241
Initiation of Negotiations --------
9
Y.
IS
2251
Last Resort Housing ---------------
9
Z.
IS
2261
Mobile Home ---=-------------------
10
AA.
IS
2273
Mortgage --------------------------
10
BB.
I§'2281
Nonprofit Organization ------------
10
CC.
IS
2291
Ownership -------------------------
10
DD.
IS
2301
Person ----------------------------
11
EE.
IS
2311
Personal Property -----------------
11
FF.
IS
2321
Post -Acquisition Tenant -----------
11
GG.
I§
2331
Prepaid Expenses ------------------
11
HH.
-IS
2341
Project Area Committee ------------
11
II.
IS
2351
Public Use ------------------------
12
JJ.
IS
2361
Relocation Appeals Board ----------
12
XR.
IS
2371
Tenant ----------------------------
12
OF CONTE1,TS
I. IS 1001) GENERAL -------------------------------
A. IS 1011 Purpose ---------------------------
B. IS 1021 Authority -------------------------
C. IS 103) Effective Date; Applicability -----
D. IS 104) Extent of Relocation Payments -----
E. IS 105] Priority of Federal Law -----------
F. IS 106] Severability ----------------------
II. IS 2001 DEFINITIONS ----------------------------
A. IS 201] Acquisition -----------------------
B. IS 2021 Adequate Replacement Dwelling -----
C. IS 2031 Agency ----------------------------
D. IS 2041 Average Annual Net Earnings -------
E. IS 2051 Average Monthly Income ------------
F. IS 206] Business --------------------------
G. IS 207] City ------------------------------
H. I§ 203] Comparable Replacement Dwelling ---
I. IS 209] Condominium -----------------------
J. IS 210) Decent, Safe and Sanitary Dwelling
K. IS 2111 Department ------------------------
L. IS 212] Displaced Business ----------------
M• IS 213) Displaced Farm Operation ---------
N. IS 2141 Displaced Person------------------
-i-
Page
1
1
1
2
2
2
2
3
3
3
3
3
3
4
4
4
6
6
7
7
7
7
0
IV. IS 4001 RELOCATION PLANS ----------------------
A. IS 4011 Overall Relocation Plan -----------
1. IS 4021 Contents of Plan --------------
a. [S 403) Report to City Council -----
b. IS 4041 Additional Plan Elements ---
2. IS 4051 Procedure for Preparation -----
B. 15 4061 Supplemental Relocation Plans -----
1. IS 407] Requirement Generally ---------
2. IS 408) Contents of Plan --------------
Page
13
13
14
14
15
15
17
17
17
17
17
18
19
19
19
19
19
20
20
21
21
21
21
22
22
23
23
23
300)
RELOCATION ADVISORY ASSISTANCE -------
A.
[§
3011
Advisory Assistance to be
Provided by the Agency ------------
B.
[§
3021
Informational Program -------------
1.
IS
303) General Information -----------
2.
IS
3041 Personal Contact --------------
3.
IS
3051 Information Statement:
Relocation Assistance ---------
4.
[S
306) Notice of Eligibility Status --
5.
IS
307) Language of Informational
Material ----------------------
6.
IS
3081 Method of Delivery of
Informational Material --------
C.
IS
3091
Determination of Relocation Needs
1.
IS
3101 Interviews --=-----------------
a.
IS 311) Information to be -Obtained
b.
[S 3121 Coordination with Other
Agencies ----7--------------
c.
IS 3131 Interview after Person Moves
without Notice -------------
2.
I§
3141 Relocation Records ------------
3.
IS
3151 Updating Information ----------
D.
IS
3161
Relocation Site Office --------_---
E.
)5.317]
Contracting for Relocation Services
F.
IS
3181
Coordination of Relocation Assistance
IV. IS 4001 RELOCATION PLANS ----------------------
A. IS 4011 Overall Relocation Plan -----------
1. IS 4021 Contents of Plan --------------
a. [S 403) Report to City Council -----
b. IS 4041 Additional Plan Elements ---
2. IS 4051 Procedure for Preparation -----
B. 15 4061 Supplemental Relocation Plans -----
1. IS 407] Requirement Generally ---------
2. IS 408) Contents of Plan --------------
Page
13
13
14
14
15
15
17
17
17
17
17
18
19
19
19
19
19
20
20
21
21
21
21
22
22
23
23
23
-iv-
#0• s•
Page,,
a.
I§ 4091 Analysis of Replacement
Dwelling Needs ------------
24
b.
IS 4101 Analysis of Replacement
Dwelling Resources --------
24
C.
15 411) Method of Providing Last
Resort Housing ------------25
d.
IS 4121 Information Required ------
26
3.
IS
4131 Review of Smental
Relocation MnPa---------------
27
C.
IS
4141
Conformance to General Plan -------
27
D.
IS
4151
Update of Relocation Plans --------
27
V. IS
500)
ASSURANCE
OF COMPARABLE REPLACEMENT DWELLINGS
28
A.
IS
5011
Requirement Generally -------------
28
B.
IS
5021
Procedure for Identifying Comparable
Replacement Dwellings -------------
28
1.
IS
5031 Survey of Available Replacement
Dwellings ---------------------
28
2.
15
5041 Information to be Obtained ----
28
a.
IS 5051 Survey Area ---------------
28
b.
IS 5061 Gross Number of Comparable
Replacement Dwellings -----
28
(1) IS 5071 Standard Generally ---
28
(2) IS 5081 Uncompleted New Con-
struction or
Rehabilitation -------
29
(3) IS 509) Publicly Subsidized
Housing--------------
29
C.
IS 5101 Adjustment for Concurrent
Displacement -------------
30
d.
IS 511J Adjustment for Housing
Turnover -----------------
30
3.
IS 5121 Review of Survey Results ------
30
C.
IS
5131
Offers of Replacement Dwellings ---
30
D.
IS
5141
Temporary Move --------------------
31
1.
IS 5151 Use of Temporary Replacement
Housing -----------------------
31
2.
IS 5161 Relocation Assistance and
Payments----------------------
31
3.
IS 5171 Assurances Prior to Temporary
Move--------------------------
31
-iv-
• `'
.� •�
Pie
E.
IS
5181 Provision of Last Resort Housing---
32
1.
I5,5191 Authorization; Methods --------
32
2.
IS 5201 Nondiscrimination; Affirmative
Action ----------------- ------
33
3.
IS 521) Conformity with Statutes and
Regulations -------------------
33
4.
IS 5221 Monitoring Housing Production
33
5.
[S 5231 Retention of Benefits Upon Move
to Last Resort Housing --------
33
F.•
I§
5241 Move to'Substandard Dwelling Unit
34
G.
IS
525) Waiver of Requirement for Replace-
ment Dwelling Prior to Displacement
34
VI. IS
600)
RELOCATION PAYMENTS TO DISPLACED RESIDENTS
36
A.
IS
6011 Payments Required -----------------
36
B•
IS
602] Actual Reasonable Moving Expenses
36
C.
IS
6031 Alternate Payments ----------------
37
D.
IS
6041 Replacement Housing Payments for
Displaced Homeowners --------------
37
-1.
IS 6051 Amount of Payment -------------
37
2.
IS 606) Eligibility -------------------
38.
3.
IS 6071 Computation of Replacement
Housing Payment ---------------
39 •.
a. IS 6081 Reasonable Cost of Comparable
Replacement Dwelling - --••-
39
b. IS 6091 Increased Interest Cost ---
40
C. IS 610) Expenses Incident to the
Purchase of the Replacement
Dwelling ------------------
40
4.
IS 6111 Multi -Family uwe!lling---------
41
S.
IS 6121 Homeowner Retention of Dwelling
41
6.
IS 6131 Lease of Condominium ----------
42
E.-
IS 6141 Replacement Housing Payments for
Tenants and Certain Others --------
42
1:
IS 6151 Amount of Payment -------------
42
2.
IS 6161 Eligibility -------------------
42
3.
IS 6171 Computation of Replacement
Housing Payment ---------------
44
a• IS 6181 Rent Differential Payment
44
b. IS 6191 Downpayment---------------
45
-v-
F.
VIII.
C.
4�0 sa
4. IS 620) Rental Payments for Displaced
Homeowners and Dependents -----
a. 15-6211 Homeowners -----------------
b. 15 6221 Dependents -----------------
(S 623) Payments to Residents Displaced
from Mobile Home ------ ------------
1. IS 6241 Payments Required -------------
2. IS 6251 Moving Expenses: Retention and
Move of Mobile Home -----------
3. (S 6261 Replacement Housing Payments
)S 6271 Proration of Payments
IS 7003 RELOCATION PAYMENTS TO DISPLACED BUSINE
(S 7011 Payments Required -----------------
IS 7021 Moving Expenses; Loss of Property;
Search Expenses -------------------
1. IS 7031 Actual Reasonable Moving
Expenses ----------------------
2. IS 7041 Actual Direct Losses of Tangible
Personal Property -------------
3. IS 7051 Actual Reasonable Expenses
in Searching for a Replace-
mentBusiness ------------------
(S 7061 Alternate Payments ----------------
1. IS 7071 Determination of Payments -----
a• IS 7081 Amount of Payment ----------
b. IS 7091 Determination of Number of
Businesses -----------------
2. IS 7101 Eligibility -------------------
a. IS 7111 Business (Other than Nonprofit
Organization) ------
b. 'IS 7121 Nonprofit Organization -----
(S 8001 RELOCATION ASSISTANCE AND PAYMENTS TO
CERTAIN OTHERS ----------------------
A. IS BO11 Displaced Farm Operations ---------
1. IS 802) Requirement Generally ----------
2. IS 803) Eligibility for Alternate
Payment------------------------
-vi-
Page
46
46
46
46
46
46
47
48
49
49
49
49
52
53
53
53
53
53
54
54
55
57
57
57
57
• •
Page
B.
IS
804)
Displacement for Code Enforcement,
Rehabilitation or Demolition by the
Agency-----------------------------
57
1.
IS
8051 Authorization for Assistance and
Payment------------------------
.57
2.
IS
8061 Rent Increase Resulting from
Rehabilitation --------------- -
58
3.
IS
8071 Temporary Housing for Persons
Displaced by Rehabilitation ---
58
4.
IS
8081 Option to Relocate in Rehabi-
litated Dwelling --------------
5.
IS
8091 Amount of Payment -------------
58
6.
IS
8101 Obligation Conditional Upon
Availability of Federal or
58
State Funds -------------------
C.
IS
811)
Hardship Moves --------------------
58
IX.
IS 9001
ADDITIONAL PAYMENT FOR PROPERTY AFFECTED
BY AIRPORT --------------------------
59
A.
IS
9011
Payment Required ------------------
59
B.
IS
9021
Eligibility -----------------------
59
X.
IS 1000)
CLAIM AND PAYMENT PROCEDURES --------
60
A.
IS
10011
Filing of Claims -----------------
60
B.
IS
10021
Documentation in Support.of•Claim
60
1.
IS 10031
Moving Expenses -----------------
60
a.
IS 1004) Commercial Moves -----------
60
b.
IS 1005) Self Moves -----------------
60
c.
IS 1006) Exemption. from Public Utilities
Commission Regulations -----
.60
2.
IS 10071 Loss of Property ---------------
61
3.
IS 1008) Proof of Earnings --------------
61
C.
IS -10091
Payment of Moving Expenses -------
61
1.
IS 1010)
Advance Payment ----------------
61
2.
IS 10111
Direct Payment -----------------
61
3.
If 10121
Methods Not Exclusive
61
D.
IS
1013)
Payments for Replacement Dwellings
62
1.
IS 10141
Payment for Purchase of Com-
parable Replacement Dwelling.--
62
i0
00
Page
a.
IS 10151 Disbursement --------------
62
b.
15 10161 Provisional Payment Pending
Condemnation --------------
62
c.
IS 10171 Certificate of Eligibility
62
2.
IS 10181 Rent Differential Payments ----
62
E.
IS
10191
Assistance and Payments to Persons
Moving without Notice ------------
63
F.
IS
1020)
Termination of Relocation Assistance
63
XI. IS
1100)
GRIEVANCE PROCEDURES -----------------
64
A.
IS
11011
Right of Review ------------=-----
64
B.
IS
11021
Notification of Decision ---------
64
C.
IS
1103)
Stages of Review -----------------
64
1.
IS 11041
Request for Further Written
Information -------------------
64
2.
IS 11051
Informal Oral Presentation ----
64
3.
IS 11061
Formal Review and Reconsideration
65
a.
IS 11071 Request for Review --------
65
b.
IS 11081 Notice of Procedures ------
65
c.
IS 11091 Review by Relocation Appeals
Board---------------------
65
d.
IS 11101 Scope of Review -----------
65
e.
IS 11111 Findings and Recommendations
by Relocation Appeals Board
66
•f.
IS 11121 Final Determination by
Agency Board --------------
67
(1) IS 1113) Scope of Review ------
67
(2) IS 11141 Final Determination
67
D.
IS
111SI
Time Limit for Requesting Review
68
E.
IS
11161
Stay of Displacement Pending Final
Determination --------------------
68
F.
IS
11171
Joint Complainants ---------------
68
G.
IS
1118)
Right to Counsel -----------------
68
H.
IS
1119)
Review of Files by Claimant ------
69
I.
IS
11203
Recommendations by Third Party ---
69
0
,•
• r 0 •
Page
J.
'(S
11211
Effect of Determination on Other
Persons --------------------------
69
K.
(S
11221
Judicial Review ------------------
69
XII. IS
12001
ACQUISITION PRACTICES ---------------
70
A.
(S
1201)
Acquisition of Property by
Negotiation ----------------------
70
B.
(S
12021-
Appraisal of Property ---- ------
70
C.
IS
12031
Notice of Decision to Appraise ---
70
1.
IS 12041 Contents of Notice ------------
70
2'0
IS 12051 Information Statement: Property
Acquisition Procedures --------
71
D.
IS
12061
Establishment of Just Compensation
72
E.
IS
12071
Uneconomic Remnant -------=-------
73
F.
(S
12081
Initiation of Negotiations -------
73
1.
IS 12091 Written Offer -----------------
73
2.
:IS 12101 Statement of the Basis of Just
Compensation ------------------
73
G.
(g
12111
Tenant Property Interests;'Notice
re: Loss of Goodwill ------------
75
H.
IS
12121
Compensation for Loss of Goodwill
75
1.
[S.1213)
Compensation Generally -----=---•
75
2.
IS
1214) Notice of Intent to Claim Loss
of Goodwill --------------------
76
3.
15
12151 Conference to Discuss Eligibility
to Receive Compensation for Loss
of Goodwill --------------------
76
4.
IS
12163 Business Records; Authorization
to Negotiate -------------------
76
S.
IS
12171 Calculation of Net Amount of
Just Compensation for Loss of
Goodwill for Negotiation Purposes
76
6.
($
12181 Notice to Owner; Written Offer --
77
7.
IS
12191 Eminent Domain ------------------
77
I.
IS
12201
Negotiations; Eminent Domain ---------
77
J.
IS
1221)
Notice of Decision Not to Acquire ----
78
K.
IS
12221
Incidental Expenses ------------------
78
0
-x-
Page
L.
[5
12231 Purchase Price as Public Information -
79
M.
15
12241 Service of Notice --------------------
79
XIII.
15 13001 PROPERTY MANAGEMENT PRACTICES ------
80
A.
15
13011 Short Term Rental -----=----------
80
B.
[5
13021 Notice to Vacate -----------------
80
C.
15
13031 Eviction -------------------------
80
D.
15
13041 Status of Post -Acquisition Tenants
81
1.
15 13051 Notice of Status --------------
81
2.
15 13061 Notice to Vacate --------------
81
3.
[5 13071 Eligibility for Relocation
Assistance and Payments -------
81
4.
[5 1308] Hardship Cases ----------------
82
S.
[5 13091 Move from Permanent Housing ---
82
E.
15
1310) Service of Notice ----------------
62
XIV.
[5 1400]
EVALUATION OF ACQUISITION AND RELOCATION
PROGRAM ----------------------------
83
A.
15
1401) Biennial Report= Monitoring ------
.83
B.
IS
14021 Procedure for Conducting Evaluation
83
1.
15 14031 Review of Files and Records -_-
83
2.
[5 14041 Questionnaires, Personal Interviews
and Inspection ----------------
84
C.
IS
14051 Factors to be Considered ---------
84
-x-
April 3, 1978
I hereby certify that the attached Resolution No. 2
is a true and correct copy of the original document
on file in the office of the City Clerk.
ADOLPH A/. SOLIS, Secretary of the Agency
5