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HomeMy WebLinkAboutResolution No. 19A - • V RESOLUTION NO. 19 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ADOPTING RULES AND REGULA- TIONS FOR THE IMPLEMENTATION OF THE CALIFORNIA RELOCATION ASSISTANCE LAW. WHEREAS, the California Relocation Assistance Law (Government Code, Section 7260 et seq.) requires a uniform policy for the fair and equitable treatment of persons displaced by programs of public entities; and WHEREAS, Section 7267.8 of the California Government Code requires all agencies to adopt rules and regulations to implement payments and to administer relocation assistance pursuant to the California Relocation Assistance Law; NOLJ, THEREFORE, the Redevelopment Agency of the City of Azusa does hereby resolve as follows: SECTION 1. The Rules and Regulations for Implementation of the California Assistance Law attached hereto and labelled as Exhibit "A" are hereby adopted. SECTION 2. Any procedure not expressly set forth in said Rules and Regulations, but deemed necessary and convenient to carry out any of the purposes of the California Relocation Assistance Law, or the purposes of these Rules and Regulations is hereby authorized. PASSED, APPROVED AND ADOPTED this 4th day of June, 1979. ATTEST: SECRETA Y r AZUSA REDEVELOPMENT AGENCY AZUSA, CALIFORNIA RULES AND REGULATIONS FOR IMPLEMENTATION OF THE CALIFORNIA RELOCATION ASSISTANCE LAW Date Adopted: J.une 41' 1979 EXHIBIT A i• 2. j§ 12051 Information Statement: Property Acquisition Procedures At the time the Agency notifies an owner of its decision to appraise real property it shall furnish the owner with a written explanation of its land acquisition procedures, describing in nontechnical, understandable terms the Agency's acquisition pro- cedures and the principal rights and options available to the owner. Such statement shall inform the owner of the property that if the Agency decides to acquire the subject property certain prescribed land acquisition procedures will be followed and the statement shall include the following explanations: a. A description of the basic objective of the Agency's land acquisition pro- gram and a reference to the avail- ability of the Agency's statement covering relocation benefits for which an owner occupant may be eligible; b. A statement that if the acquisition of any part of the real property would leave the owner with an un- economic remnant, the Agency will •offer to acquire the uneconomic remnant, if the owner so desires; c. A statement that, if the owner of real property is also the owner of a business conducted on the real property to be acquired, or on the remainder, he has a possible right to compensation for loss of goodwill. The Agency shall include a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure, Section 1263.510 -et seq.); d. A statement that if the owner is not satisfied with the Agency's offer of just compensation he will be given a reasonable opportunity to present relevant material, which the Agency will carefully consider, and that if a voluntary agreement cannot be reached the Agency, as soon as possible, will either institute a formal condemnation proceeding against the property or abandon its intention to'acquire the property,giving notice of its intention not to acquire; -71- e. A statement that construction or development of a project shall be so scheduled that, to the greatest extent practicable, no person law- fully occupying real property shall be required to move from a dwelling (assuming a comparable replacement dwelling will be available) or to move his business without at least 90 days written notice from the Agency of the date by which the move is required; I- A statement that, if arrangements are made to rent the property to an owner or his tenant for a short term or for a period subject to termination by the Agency on short notice, the rental will not exceed the lesser of the fair rental value of the property to a short term occupier or the pro rata portion of the fair market value for a typical rental period. If the owner or tenant is an occupant of a dwelling, the rental for the dwelling shall be within his financial means. D. IS 1206] Establishment of Just Compensation Before negotiations are initiated to acquire property, the Agency shall establish an amount it believes to be just compensa- tion for the property, which amount shall, in no event, be less than the Agency's approved appraisal of the fair market value of the property. The determination of just compensation shall be based upon consideration of: 1. The real property being acquired; and 2. Where the real property acquired is part of a larger parcel, the injury or benefit, if any, to the remainder. -72= 6! Any decrease or increase in the fair market value of real pro- perty to be acquired prior to the date of valuation caused by the project for which such property is acquired, or by the likelihood that the property would be acquired for such project, other than that due to physical deterioration within the reasonable control of the owner or occupant, will be disregarded in determining the compensation for the property. E. I§ 12071 Uneconomic Remnant Whenever a part of a parcel of property is to be acquired by the Agency for a public use and the remainder, or a portion of the re- mainder, will be left in such size, shape or condition as to constitute an uneconomic remnant the Agency shall offer to acquire the remnant if the owner so desires. An uneconomic remnant is a parcel of real property in which the owner retains an interest after partial acquisi- tion of his property and which has little or no utility or value to such owner. F. IS 1208) Initiation of Negotiations 1• IS 12091 Written Offer The Agency shall make its first written offer to acquire the property as soon as practicable following service of the Notice of Decision to Appraise. Such offer shall be made as soon as possible after the amount of just compensation is established, and for the full amount so established. 2. IS 12101 Statement of the Basis of Just Compensation At the time the Agency makes its offer to acquire the property it shall provide the owner with a written statement of the basis for determination of just compensation. The statement shall include the following: a. A general statement of the public use for which the property is to be acquired; b. A description of the location and extent of the property to be taken, with sufficient detail for reasonable identification, and the interest to be acquired; C. An inventory identifying the buildings, structures, fixtures, and other improve- ments; d. A recital of the amount of the offer and a statement that such amount: (1) Is the full amount believed by the Agency to be just compensation for the property taken; -73- ,R)•s riot less than the approved appraisal of the fair market value of the property; (3) Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the pro- ject for which the property is to be acquired, or by the likelihood that the property would be acquired for such project, other than that due to physical deterioration within the reasonable control of the owner or occupant; (4) Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the Agency; (5) Does not reflect any consideration for loss of goodwill for which the owner may claim payment under pro- cedures set forth in the Agency's Relocation Rules and Regulations. The Agency shall include a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure, Section 1263.510 et seq.) and these Rules and Regulations (Section 1212). e. A statement that, if the real property to be acquired is owner occupied resi- dential property and contains no more than four residential units, the home- owner shall, upon request to the Agency, be allowed to review a copy of the appraisal upon which the offer is based. f. If the'real property is a portion of a larger parcel, the statement shall include an appor- tionment of the total estimated just compensa- tion for the partial acquisition between the value of the property being taken and the amount of damage, if any, to the remainder of the larger parcel from which such property is taken. -74- G. IS 1211n�ant Pro7Ic1-tg lntrrc oUCC re: TESS of GoocF i 11 — --- Nothing in this Section 1200 shall be construed to deprive a tenant of the right to obtain payment for his property interest as otherwise provided by law. As soon as practicable after the initiation of negotiations the Agency shall provide written notification to the owner of a business conducted on the real property to be acquired or on the remainder, who is not also the owner of the real property, con- cerning his possible right to compensation for loss of goodwill. The Agency shall include a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure, Section 1263.510 et seq.) and these Rules and Regulations (Section 1212). H. IS 12121 Compensation for Loss of Goodwill Notwithstanding any other provisions of Section 1200 to the contrary, the procedure for determining and offering compensation for loss of goodwill in connection with the Agency's acquisition of any property shall be governed by this Section 1212. 1. IS 12131 Compensation Generally With respect to the owner of a business conducted on property acquired by the Agency, or on the remainder if such property is part of a larger parcel, the amount of just compensation to be paid by the Agency may include consideration of loss of goodwill, to the extent required by law and these Rules and Regulations. Within the meaning of this Section 1212, '"goodwill" consists of the benefits that accrue to a business as 'a result of its'loda- tion, reputation for' dependability, 'skiIi'or quality, and any other circumstances resulting in probable :retention- of old or acquisition of new patronage. In order to be entitled to compensation on loss of goodwill such owner of a business shall first have proved all of the following: a. The loss is caused by the acquisition of the property or the injury to the remainder; b. The loss cannot reasonably be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill; c. Compensation for the loss will not be included in payments under Section 700 of these Rules and Regulations; d. Compensation for the loss will not be duplicated in the compensation otherwise paid to the owner. -75- 0 .0 2• [S 12141 Notice of Intent to Claim Loss of Goodwill Prior to a business completing its relocation from property acquired by the Agency, or prior to the date such business dis- continues, the owner of such business may notify the Agency that he intends to attempt to make the proof$ provided for in Section 1213. 3. [S 12151 Conference to Discuss Eli ibility to Receive Compensation for Loss of Goodwill Upon receipt of the notice required by Section'1214, a com- mittee appointed by the Executive Director of the Agency shall confer with the claimant regarding the issues set forth in Section 1213. Based upon review and consideration of information presented at said conference, the committee will make a recommendation to the Agency as to whether or not a goodwill appraisal should be made. The recommendation of the committee shall be communicated to the Agency; if the Agency concurs in the committee's recommendation, the Agency shall authorize a goodwill appraisal; provided, however, that the Agency's determination to authorize a goodwill appraisal shall be for purposes of negotiation and shall not be binding upon the Agency in any eminent domain proceeding. In the event that the Agency authorizes an appraisal of goodwill, if any, notice of this decision shall be given to the business owner/claimant. 4. IS 1216) Business Records; Authorization to Negotiate The owner of the business shall provide to the Agency such business records as the Agency may require, including but not limited to state income tax returns, financial statements and accounting records, for confidential use for the purpose of ap- praising the loss of goodwill of the business. The Agency shall thereafter authorize negotiations with the business owner/claimant regarding the claim for loss of goodwill. Offers made by the Agency to settle claims for lost goodwill shall be not less than the amount of the Agency's approved appraisal of the loss of goodwill of the business. 5. IS 12171 Calculation of Net Amount of Just Com ensation for Loss of Goodwill for Ne otiation Pur oses The Agency shall calculate the amount it believes to be the net amount of just compensation for loss of goodwill to which the business is entitled, considering: -76- a. The amount the Agency believes for negotiating purposes to be the total amount of loss of goodwill of the business; and b. Any compensation for loss of goodwill the Agency determines is included in payments made or to be made under Section 700 of these Rules and Regula- tions. 6. [S 1218) Notice to Owner; Written Offer As soon as possible after the net amount of just compensation (if any) for loss of goodwill has been calculated, the Agency shall make its written offer to the business owner/claimant to compensate the claimant in such amount. 7. [S 1219 Eminent Domain Notwithstanding any other provision of Section 1212 to the contrary, in the event an eminent domain proceeding is brought by the Agency to acquire any property, the owner of any business thereon shall seek compensation for loss of goodwill in connection with such proceeding, and the failure to do so shall constitute a waiver of compensation for loss of goodwill. I. [S 12201 Negotiations; Eminent Domain Prior to the commencement of an eminent domain proceeding to acquire real property: 1. The Agency shall make reasonable efforts to discuss with the owner its offer to purchase the owner's real property; 2. The owner shall be given reasonable opportunity to present material which he believes to be relevant as to the question of value and to suggest modification in the proposed terms and conditions of the purchase, and the Agency shall carefully consider' the owner's presentation; 3. If the evidence presented by an owner or a material change in the character or condition of the property indicates the need for a new appraisal or if a significant delay has occurred since the determination of just compensation, the Agency shall have its appraisal updated; -77- 4. If a modification in the Agency's determination of just compensation is warranted, an appropriate price adjustment shall be made and the new amount determined to be just compensation shall be promptly offered in writing to the owner. In no event shall the Agency either advance the time of condem- nation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive or misleading in nature, in order to compel or induce an agreement on the price to be paid for the property. If any interest in property is to be acquired by exercise of the power of eminent domain, the Agency shall promptly institute formal condemnation proceedings. The Agency shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his property. J. IS 1221) Notice of Decision Not to Acquire Whenever the Agency has forwarded a Notice of Intent to Displace, or a Notice of Decision to Appraise, or has made a firm offer, and sub- sequently the Agency decides not to acquire the property, the Agency shall serve a notice in writing on the owner, all persons occupying the property and all other persons potentially eligible for reloca- tion payments and assistance. The notice shall state that the Agency has decided not to acquire the property. It shall be served not later than ten (10) days following the date of the Agency decision not to acquire.' Upon receipt of such notice any person shall be deemed not to be a displaced person. K, (§ 12221 Incidental Expenses If the real property is acquired by purchase, the Agency shall reimburse the owner, for all reasonable expenses the owner necessarily incurred incidental to the conveyance of such property to the Agency. Among the expenses requiring payment are the following: 1. Recording fees, transfer taxes and similar expenses incidental to conveying the real property; 2. The pro rata portion of charges.for public service, such as water, sewage, and trash collection which are allocable to the period subsequent to the date of transfer of title to the Agency, or the effective date of possession of such property by the Agency, whichever is earlier. a7= 00 •* The Agency shall inform the owner that lie may apply for a rebate of the pro rata portion of any real property taxes paidl which are allocable to the period subsequent to the date of transfer of the property to the Agency. L. IS 12231 Purchase Price as Public Information The purchase price and other consideration paid by the Agency for real property is public information and shall be made available upon request. M. [§ 1224 ] service of Notice Service of all notices required by this Section 1200 shall be made either by first class mail or by personal services upon the person notified. -79- 00 XIII. (5 13001 PROPERTY 7:.1-11NAGEMENT I'hACT10ES A. I5 13013 Short Term Rental • s: If the Agency permits an owner or tenant to occupy the acquired real property on a rental basis for a short term or' for a period sub- ject to termination by the Agency on short notice, the amount of rent required shall not exceed the lesser of the fair rental value to a short term occupier or a pro rata portion of the fair rental value for atypical -rental period. If the owner or tenant is an occupant of 'a dwelling, the rental for the dwelling shall be within his finan- cial means. B. IS 13021 Notice to Vacate The,construction or development of a project shall be so sched- uled that', to the greatest extent practicable, no eligible person occupying real property shall be required to move from a dwelling, or to move his business, without at least ninety (90) days' written notice from the Agency of the date by which such move is required. The Agency shall notify each individual tenant to be displaced as well as each owner -occupant. C. IS 13031 Eviction Eviction may be undertaken for one or more of the following reasons: 1. Failure to pay rent, except in those cases where the failure to pay is due to the Agency's failure to keep the dwelling in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services; 2. Remaining in possession after expira- tion or termination of the term; 3. Performance of a dangerous or illegal act on the property; 9. Material breach of the rental agreement and failure to correct such breach within thirty (30) days of notice; 5. Maintenance of a nuisance and failure to abate within a reasonable time following notice; 6. Refusal to accept one of a reasonable number of offers of replacement dwellings; :m •0 7. The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the Agency. Eviction pursuant to this Section shall not effect a tenant's right to relocation benefits where the tenant is otherwise entitled to such benefits. D. [§ 13041 Status of Post -Acquisition Tenants 1. [$ 13051 Notice of Status The Agency shall inform prospective post -acquisition tenants, before they occupy the property, that the property has been acquired for a public use and will be available only in the interim between acquisition and development and that development for such use may result in termination of the tenancy sooner than would otherwise be expected. The Agency shall also inform prospective post -acquisition tenants regarding the projected date of displacement and, periodically, shall inform post -acquisition tenants of any changes in such date. 2. [§ 13061 Notice to Vacate . A post -acquisition tenant who occupies acquired real property on a rental basis for a short term and who is informed that the pro- perty has been acquired for a public use shall be given at least thirty (30) days' written notice of termination of the tenancy. 3. [§ 13071 Eligibilty for Relocation Assistance and Payments Post -acquisition tenants are not eligible for relocation assis- tance and payments if, -before occupying the property, -they are. informed by the Agency .that the property has been acquired for a public use and will be available only in the interim between acquisition and development and that development for such use may result in termination of, the tenancy sooner than would otherwise be expected. When so in- formed, post -acquisition tenants are not eligible even though they move as a result of a written order from the Agency to vacate the real property. Persons who become post -acquisition tenants after the effective date of these Rules and Regulations who are not so informed and who move as the result of a written order from the Agency to vacate are eligible for relocation assistance and payments, except where they are evicted in accordance with Section 1303 of these Rules and Regulations. -B1- 00 4. IS 13081 IIards11ip qa ___C S When the displacement of a post -acquisition tenant causes a hardship for that person because of a critical housing shortage, age, handicap, infirmity, lack of financial means or other circum- stances, the Agency may provide relocation assistance and payments. 5. IS 13091 Move from Permanent (lousing Where the Agency, on property it owns, is making housing avail- able on a permanent basis (i.e., not pending development), a post- acquisition tenant who moves as a result of a written order from the Agency to vacate is eligible for relocation assistance and pay- ments if the order to vacate is related to a plan to demolish or rehabilitate such dwelling units. A post -acquisition tenant who is required. to moye�as a result of the sale of such dwelling units to a private person for demolition or rehabilitation is eligible without need for a written order to vacate from the Agency. E. I§ 13101 Service of Notice Service of all notices required by this Section 1300 shall be made either by first class mail or by personal service upon the person to be notified. -82- • 0 0! XIV. (§ 14001 EVALUATION OF ACQUISITION AND RELOCATION PROGRAM A. IS 14011 Biennial Report; Monitorin The Agency may, as it deems necessary and appropriate, evaluate its acquisition and relocation program. A written evaluation shall be prepared by the Agency at least biennially, Interim evaluations may also be conducted from time to time. All persons who will be displaced, neighborhood groups and the project area committee shall be given an opportunity and are encour- aged fully and meaningfully to participate in monitoring the reloca- tion assistance program. The Agency's evaluation of its acquisition and relocation program shall include discussions with local individuals or organizations familiar with relocation issues, including the project area committee. Affected persons and groups may submit written or oral comments and objections to the Agency regarding the relocation program. The Agency shall provide prompt, written response to any such written objections or criticisms. The Agency shall allow timely and full access to all documents relevant to the relocation program, except that the Agency may reason- ably restrict access to material where its confidentiality is protected by law or its disclosure is prohibited by law. B. [§ 14021 Procedure for Conductin Evaluation 1. IS 14031 Review 'of Files "and Records The file be selected at identified by may assess the relocation and s and records of displaced persons and property owners may random. The review may include any cases that .were Previous monitoring as requiring corrective action and Agency's progress in taking corrective action. Both acquisition activities shall be covered by the review: a. Relocation Sample. The relocation sample may include cases in which all payments have been completed and cases in which the person has been displaced but all payments have not yet been made. The sample shall provide a basis for the reviewer to determine not only whether payments were computed pro- perly and made promptly, but also whether displaced persons received proper notice of the full range of relocation assistance and services to which they are entitled. Priority attention shall be given to cases in which a grievance has been filed or the Agency has determined that a person is ineligible for relocation benefits. -83- 00 0 • b. Acquisition Sample. The acquisition sample shall be based on cases in which settlement has been completed. ]iowever, if necessary to provide a representative sample of acquisi- tion activities, the reviewer may include incomplete transactions in which negotiations have been initiated. 2. [S 14041 Questionnaires, Personal Interviews and Inspection After the records and files select cases for further evaluati interviews with displaced persons replacement housing and business The questionnaires, interviews, an spections, shall serve both to sp tion obtained in the examination the reviewer a better perspective have been reviewed, the reviewer may on through questionnaires or personal and owners and the inspection of facilities to which persons have moved. d housing and business facility sn- ot check the accuracy of the informa- of the records and files and to give on the Agency's performance. The number and type of cases for which questionnaires, interviews, and housing and business facility inspections, are to be carried out .shall reflect the reviewer's judgment based on the information obtained from the review of records and files. To the extent possible, the questionnaires and interviews shall cover a representative cross-section of the types of cases in the Agency's workload: e.g., relocation cases involving families of various sizes, as well as individuals and busi- ness concerns (including owners and tenants), and acquisition trans- actions involving residential, commercial and industrial properties. C. [S 14051 Factors to be Considered The factors to be considered in the evaluation of the relocation program include, but are not limited to, the following: 1. The quality and quantity of service provided; 2. Displacee satisfaction with service provided; 3. .Adequacy of the Agency's program planning tor relocation assistance; 4. Whether any persons have been denied the full benefits and services to which they are entitled; -84- 5. The effectiveness of efforts to provide relocation services to displaced persons, including timeliness of notice and correct- ness of eligibility determinations; 6. The satisfaction of relocated families,'individuals and busi- ness concerns in their new. locations; 7. The extent to which self -moves to substandard housing have been minimized; 8.. The effectiveness of efforts to Provide relocation services to business concerns, including counseling services and SBA loans to aid in their reestablishment; 9. The promptness of processing claims and the making of payments, including the amounts, delivery and use of relocation payments; 10. The number and magnitude of rent increases -following acquisition and displacement; 11. The effectiveness of methods used to resolve difficulties experienced by site occupants; 12. The effectiveness of the Agency's grievance procedures; 13. The extent of resident involvement in planning the relocation program; 19. The effectiveness in assuring equal opportunity for displaced persons and in reducing patterns of minority -group concentration; 15. The effectiveness of relocation in upgrading the housing and -overall environmental conditions of, persons displaced; -85- 00 16. The effectiveness of the social service program, including counseling services, in helping residents adjust to relocation and in helping solve individual and family problems; 17. The impact on those segments of the housing market serving the income groups displaced. -86-