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HomeMy WebLinkAboutResolution No. 155RESOLUTION NO. 155 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ADOPTING THE RELOCATION METHOD FOR THE AZUSA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AS AMENDED WHEREAS, Sections 33411 and 33352 of the California Health and Safety Code require that the Redevelopment Agency of the City of Azusa prepare a method or plan for the relocation of families and persons to be temporarily or permanently displaced from a redevelopment project area; and WHEREAS, the Agency adopted a Relocation Method for the original Azusa Central Business District Redevelopment Project by Resolution No. 19 on June 4, 1979; and WHEREAS, certain amendments were necessary to bring said Relocation Method into compliance with current laws and regulations; and WHEREAS, the Agency adopted a revised Relocation Method for Amendment No. III to the Azusa Central Business District Redevelopment Project by Resolution No: 1.16, on October 3, 1983, conforming to current laws and regulations; and WHEREAS, to provide a uniform Relocation Method for the entire Azusa Central Business District Redevelopment Project as amended, the Agency desires to repeal the previous Relocation Methods and adopt one Relocation Method for the Azusa Central Business District Redevelopment Project as amended. WHEREAS, the Agency has received the proposed Relocation Method for the Azusa Central Business District Redevelopment Project attached hereto as Exhibit "A" and incorporated herein by reference. NOW, THEREFORE, the Redevelopment Agency of the City of Azusa does resolve as follows: SECTION 1. The Relocation Methods adopted by Resolution No. 19, and by Resolution No. 116 are hereby repealed in entirety. SECTION 2. The Relocation Method for the Azusa Central Business District Redevelopment Project, attached hereto as Exhibit "A", is hereby adopted in lieu thereof and shall be made available for public inspection. 9 0 SECTION 3. The Secretary of the Redevelopment Agency shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 1st day of October , 1984. THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA a Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa, at a regular meeting thereof, held on the 1st day of October, 1984, by the following vote of the Agency: AYES: DIRECTORS: CRUZ, COOK, CAMARENA, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE --SECIPTARY APPROVED AS TO FORM: (74- 4, ✓UA Att"� GENERALCOUNSEL • RELOCATION METHOD FOR THE Cl AZUSA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AZUSA, CALIFORNIA Prepared For: THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Civic Center 213 E. Foothill Boulevard Azusa, CA 91702 and MUNICIPAL SERVICES, INC. 712 N. Diamond Bar Boulevard Diamond Bar, CA 91765 0 0 TABLE OF CONTENTS Section Page I. Introduction 1 II. Redevelopment Agency Staff and/or Consultant Functions 4 III. Relocation Standards 6 IV. Obtaining Relocation Housing 11 V. Relationships with Site Occupants 12 VI. Required Notices 15 VII. Eviction for Cause 16 VIII. Relocation Payments 17 IX. Assistance to Businesses and Non -Profit Institutions and Organizations 20 X. Grievance Procedures 21 I. INTRODUCTION The primary objective of the Azusa Central Business District Redevelopment Project is to alleviate blight and revitalize the City's Central Business District. These blighting conditions include the existence of deteriorated, dilapidated, or obsolescent structures. The Agency has the authority to acquire and either rehabilitate or remove substandard structures. Consequently, temporary or permanent displacement of residents or businesses may occur. Although the Agency will attempt to minimize displacement, it may occur and thus the Agency must provide relocation assistance and fulfill other important statutory requirements related to relocation. Displacement and relocation could occur if the Redevelopment Agency buys property from a resident or business, either through negotiated purchase or through the use of eminent domain. Displacement could also occur if a property owner owning and leasing houses on land designated for industrial or commercial uses decided to construct an industrial park utilizing Redevelopment Agency assistance and causing the existing households to move. If the Agency assisted the developer with the industrial park by constructing off-site improvements or by issuing an industrial development bond, for instance, the Agency might be required to provide the displaced households with relocation benefits and assistance. The following document sets forth the responsibilities of the Agency when relocation is necessary including the benefits available to displacees, general relocation requirements and processes, and standards associated with replacement housing and business relocation. The document does not deal with a specific case in the Azusa Central Business District Redevelopment Project Area as amended since there are none at this time; rather, it sets forth the method by which relocation will occur in the event it becomes necessary. This Relocation Method ("Method") is prepared in compliance with California Health and Safety Code, Chapter 4, Article 9, which requires the availability of housing for persons being displaced by implementation of a Redevelopment Project. The following Method provides for the proper rehousing and resettlement of all occupants who might be displaced due to implementation of the Azusa Central Business District Redevelopment Project as amended ("Project"). - 1 - 0 0 A. The Redevelopment Agency of the City of Azusa is the local public agency which is responsible for the relocation of any individuals, families, businesses, and institutions which may be displaced from the Azusa Central Business District Redevelopment Project Area ("Project Area") as a result of project activities. The Agency will meet its relocation responsibilities through the use of its staff and consultants supplemented by assistance from local realtors, social agencies, and civic organizations. B. All relocation planning and relocation activities will be accomplished in accordance with the California Relocation Assistance and Real Property Acquisition Guidelines, California Administrative Code, Title 25, Chapter 6, or U.S. Department of Housing and Urban Development Regulations, Uniform Relocation Assistance and Real Property Acquisition Policies Act (24 CFR Part 42), as applicable. C. At the time a specific development is proposed which will cause occupant displacement, a specific relocation plan will be prepared as required by Section 6038 of the California Administrative Code detailing the needs of displacees and matching those needs to available housing resources. All persons who will be displaced, and interested neighborhood groups, shall be encouraged to form into a committee to participate in reviewing the Relocation Plan and monitoring the relocation assistance program. In the event that housing resources are inadequate to meet the housing need, the Agency will consider implementation of the provisions for Last Resort Housing as outlined in Article 4 of the California Administrative Code or as outlined in Sub -part 1 of the U.S. Department of Housing and Urban Development regulations, as applicable. If the number of housing units to be constructed is such as to require an advisory committee, (25 units or more) the Project Area Committee established by the Agency may be used in this capacity. D. If it appears that the housing market at the time of displacement will be such that comparable replacement housing cannot be obtained within the housing assistance payment limits ($4,000 renters; $15,000 buyers), the legislative body may consider the raising of these limits as provided for under existing regulations. - 2 - 0 0 E. All site residents will be rehoused in accommodations which are decent, safe, sanitary, and suitable to their individual needs; located in areas not less desirable than their existing environment in regard to public utilities and public commercial facilities, and reasonably accessible to their places of employment; and priced within their financial means. No individual or family shall be required to move until such housing is available. F. The following administrative procedures shall be followed to assure a successful relocation program. -3- 0 0 II. REDEVELOPMENT AGENCY STAFF AND/OR CONSULTANT FUNCTIONS A. Interpret the Agency's program to all site occupants and the general public to enlist their understanding and support; and to answer questions about the Project and its effect upon site occupants. B. Determine the relocation needs and desires of all site occupants through personal interviews, keep them informed of their rights and responsibilities under the program and of the relocation resources, special services, and aids available to them. C. Enlist the cooperation of real estate agents, home builders, property management firms, social service agencies, civic groups and others in locating suitable relocation accommodations for displacees and to provide other services essential for the successful relocation of site occupants. Such accommodations may be located within the Azusa Central Business District Redevelopment Project Area, in other redevelopment project areas within in the City, or in other neighborhoods in the community where suitable accommodations may be found. D. Locate, inspect and evaluate, or stimulate the development of, housing facilities to meet the needs of all project residents; and refer and otherwise assist site residents to secure housing which they require. E. Secure priority consideration for persons eligible for and desiring public housing, Section 8 Housing, or any other housing to which displacees are entitled, and otherwise expedite their placement. F. Assist prospective home buyers in obtaining appropriate mortgage financing and advise them of special FHA, VA and other aids available. G. Make indicated referrals to community, social, welfare, and other appropriate agencies and work with these agencies on an individual basis to help in the solution of specific problems affecting the relocation of individuals or groups of relocatees. -4- 0 0 H. Maintain liaison services between businesses, site occupants, and commercial property brokers, realty boards, the Chamber of Commerce, the Small Business Administration, the Economic Development Administration, lending institutions, and other appropriate resources for advice and assistance in effecting their satisfactory relocation. I. Assist site occupants in preparing all claims for relocation payments to which they are entitled. J. Keep records, maintain files, and make reports on relocation activities. K. Coordinate relocation activities with all other Agency operations. -5- i 0 III. RELOCATION STANDARDS It is the Agency's objective that all site residents who are relocated due to Agency activities be rehoused with a minimum of hardship in accommodations which are decent, safe, sanitary, and suitable to their individual needs; located in areas not less desirable than their existing location in regard to public utilities and public and commercial facilities, and reasonably accessible to their places of employment; and priced within their financial means. The standards set forth below have been established by the Agency to achieve these objectives. A. Building Condition Standards Housing accommodations shall be considered STANDARD if they meet the following: 1, Single -Family Dwellings, Apartments, Condominiums a. Conforms with all applicable provisions for existing structures that have been established under state or local building, plumbing, electrical, housing and occupancy codes and similar ordinances or regulations applicable to the property in question. b. Has a continuing and adequate supply of potable safe water. C. Has a kitchen or an area set aside for kitchen use which contains a sink in good working condition and connected to hot and cold water, and a sewage disposal system. A stove and refrigerator in good operating condition shall be provided when required by local codes, ordinances or custom. When these facilities are not so required by local codes, ordinances, or custom, the kitchen area or area set aside for such use shall have utility service connections and adequate space for the installation of such facilities. d. Has an adequate heating system in good working order which will maintain a minimum temperature of 700F. in the living area under local outdoor temperature conditions. A heating system which burns fossil fuels shall be vented to the exterior of the structure. - 6 - 0 0 e. Has a bathroom, well lighted and ventilated and affording privacy to a person within it, containing a lavatory basin and a bathtub or stall shower, properly connected to an adequate supply of hot and cold running water, and a flush water closet, all in good working order and properly connected to a sewage disposal system. f. Has provision for artificial lighting for each room. g. Is structurally sound, in good repair and adequately maintained. h. Each building used for dwelling purposes shall have two safe unobstructed means of egress leading to safe open space at ground level. Each dwelling unit in a multi -dwelling building must have access either directly or through a common corridor to two means of egress to open space at ground level. In buildings of three stories or more, the common corridor on each story must have at least two means of egress. i. Every sleeping room shall contain not less than 90 square feet of superficial floor area and at least one window opening to the outside. If more than two persons occupy the room, an additional 60 square feet of floor area shall be required for each additional person. 2. Light Housekeeping Rooms a. The standards for decent, safe, and sanitary housing as applied to the rental of sleeping rooms shall include the minimum requirements contained in paragraphs a, d, f, g and h, above, and the following: (i) At least 90 square feet of habitable floor space; and, further, that occupancy of such facility is limited to one person. (ii) Lavatory and toilet facilities that provide privacy, including a door that can be locked if such facilities are separate from the room. b. Housing accommodations shall be regarded as satisfactory for PERMANENT RELOCATION of a specific site occupant if, in addition to -7- i� C. 6 0 meeting the above requirements for standard housing, such accommodations are also: (i) Reasonably convenient to public transportation, shopping and other community facilities. (ii) Reasonably accessible to the site occupant's place of employment. (iii) Priced within site occupant's ability to pay. Occupancy Standards An otherwise standard dwelling may not be considered as standard for a specific family unless it provides adequate sleeping space for all the family members. Living Rooms should not be considered for sleeping purposes except in the case of an efficiency or studio apartment. Except for an adult couple and children under the age of six years, all occupants of a sleeping room should be of the same sex. The following standards will be considered as a guide in determining sleeping space needs for a family, always bearing in mind that the age, sex, and relationship of the individual family members, or health factors, may cause some variance. Number of Number of Occupants Bedrooms Minimum Maximum 0 1 2 1 1 3 (if child is under 3 years of age) 2 2 5 3 4 7 4 6 9 5 8 12 Standards for Displacee's Ability to Pay The relocation staff will give consideration to the particular financial situation of each family or individual and will seek the site occupant's concurrence in the final aM. determination of what he can afford to pay for housing. Every effort will be made to maintain the lowest possible housing cost -income ratio, which at the same time provides the relocatee adequate housing. As a general rule, displacees are usually able to pay gross monthly rentals based on the following criteria: 1. Families and individuals - 25% of adjusted gross income. 2. Displacees eligible for public housing rents as established by the Housing Authority, which are graded to income. 3. Public Assistance cases - maximum rent allowances under statutory or other limitations governing the disbursing agency. Income, assets and debts are to be evaluated in determining the relative ability of a relocatee to purchase a home. A full purchase price which is approximately two and one-half times annual gross family income, combined with monthly payments not exceeding 25% of adjusted gross monthly income, will be considered as being within the financial means of those contemplating home ownership. D. Environmental Standards It will be the Agency's policy to refer families and individuals to housing in areas not less desirable in regard to public utilities and services, and commercial facilities than those available in their present location, and which are within a reasonable distance for daily commuting to the displacee's place of employment or potential employment. E. Temporary Housing Standards Housing not meeting the Agency's established standards for permanent relocation may be used for temporary housing only when it becomes necessary to relocate a site resident pending the availability of permanent quarters, in order that demolition or site improvement operations may proceed, to vacate premises which are unsafe, and/or effectuate the reduction of project costs. - 9 - 0 0 In no event will temporary housing offered by the relocation staff be of less desirable character than that from which the site resident is being moved. Such temporary housing shall be in safe and habitable condition. Temporary relocations made by the Agency will be kept to a minimum both as to number and duration, and will not diminish the Agency's obligation with respect to the displacee's permanent relocation. The necessary costs incurred in temporary on-site moves made at the direction of the Agency will be paid by the Agency. If a self-relocatee moves into temporary housing and declines without satisfactory reason to accept standard housing to which he is referred, it will be considered that the Agency's responsibility to the relocatee has been discharged. -10- IV. OBTAINING RELOCATION HOUSING The Agency will obtain, inspect, and maintain current listings of standard rental and sale properties which are appropriate for relocation and available on a nondiscriminatory basis. Information on the size, rental or sale price, financing terms and location of available units will be given to displacees seeking referrals and, as necessary, the relocation staff will provide transportation or otherwise assist the site resident in obtaining housing. - 11 - 9 0 V. RELATIONSHIPS WITH SITE OCCUPANTS A. Information Program Throughout the planning period, the Agency will maintain a staff or retain qualified consultants to facilitate a close relationship with the site occupants and to keep them, the absentee owners, and the general community advised about the Agency's plans and program. The Project Area Committee, if one exists, neighborhood leaders and community agencies may also play a significant role in keeping the project residents and general community fully informed in these matters. B. Interviews with Site Occupants As soon as practical after the date of purchase, Relocation Specialists will contact personally each and every family, individual, business and institution occupying the premises. At that time, the interviewer will explain and discuss all relocation assistance and benefits to which the occupant may be entitled. This information will be contained in an Information Statement which will be given to the occupant. The Relocation Specialists will discuss relocation needs and problems. On the basis of this information, the site occupant will be assisted in formulating and carrying out a relocation plan. As necessary, the site occupant may be referred to appropriate agencies for special services through the counseling and assistance of the Agency's staff. C. Housing Referral Services The referral procedure will be one of personal contact, liaison with public and private housing services, and assistance by Agency relocation staff. Staff will work closely with each displacee until he is permanently rehoused; offering housing which meets his needs, and encouraging him to attempt to find suitable housing on his own initiative. The Agency will maintain classified listings of private rental and sales housing which has been inspected and certified as meeting the Agency's relocation standards, which - 12 - 9 0 is available on an open -occupancy basis, and which is not planned for clearance in the foreseeable future. Referrals will be provided to the individual site resident, arrangements will be made for him to inspect the housing and, if necessary, he will be provided transportation and/or be accompanied on the inspection. He will be provided further referrals if, for reasonable cause, he is unable to accept an offered unit. The same procedure will be followed when a self-relocatee is found to be occupying substandard housing. Those residents appearing eligible for and interested in public housing will be referred to the appropriate housing agency and otherwise assisted in expediting their applications and placement. In turn, housing agencies will be requested to keep the Agency advised of actual or anticipated vacancies for the convenience of eligible, interested site residents. D. Inspection of Rehousing Housing to be offered site residents will be inspected by the Agency in advance and only that housing which meets the Agency's established standards will be considered for permanent relocation. If, upon inspection, the housing occupied by a self-relocatee is found to be below standard, such rehousing will be considered temporary, and the occupant will be advised accordingly and offered standard housing. If he refuses to accept further assistance, the obligation of the Agency to the relocatee will be considered fulfilled. In such instances, the matter may be referred to the Building and Code Enforcement Division of the City with the objective of bringing the housing into conformity with local codes. Site residents who find their own housing will be urged to notify the Agency in advance so that the selected housing may be inspected before they move in. However, should the site resident move without giving notice or leaving a forwarding address, reasonable efforts will be made to locate him promptly, to determine the quality of his rehousing and to assure that he understands the services and aids to which he is entitled. Tracing efforts will not be abandoned until all reasonable efforts for contacting the displacee through the post office, utility companies, schools, employers, etc., have been attempted. -13- E. Referrals to Social Agencies The relocation services offered by the Agency will be supplemented by those of qualified professionals who cooperate with the Agency, its staff, other consultants and agents seeking to achieve solutions to the social and economic problems that may interfere with the successful rehousing of a specific displacee or groups of site occupants. -14- VL REQUIRED NOTICES Within thirty (30) days following the date of initiation of negotiations (first written offer to acquire property) occupants will be given a written notice of displacement. This notice will identify the project and provide persons with all pertinent information concerning relocation payments and other assistance. When the Agency determines the specific date that possession of the property will be required, the occupant will be given a Notice to Vacate at least ninety (90) days before the desired vacancy date. The ninety (90) day notice shall not be given unless the occupant has been given a reasonable choice of opportunities to relocate to a comparable replacement dwelling. - 15 - VII. EVICTION FOR CAUSE Eviction for cause is permissible only as a last resort and must conform to state and local law. If a person is evicted for cause on or after the effective date of a notice of displacement issued to him, he retains his right to the relocation payments and other assistance for which he may be eligible. - 16 - 0 4 VII. RELOCATION PAYMENTS The Agency will make Relocation payments to all eligible families, individuals, businesses and institutions displaced by project activities in accordance with the Regulations Governing Relocation Payments as established by the State of California or appropriate federal regulations as amended from time to time. While the Agency is ultimately responsible for providing relocation benefits to all eligible displacees, the owner and developer participants shall be required to financially assist the Agency in carrying out its legal obligations. The specific extent of assistance shall be incorporated in the Owner Participation and Disposition and Development agreements with the Agency. An Informational Statement will notify the site occupant of his eligibility for relocation payments and generally instruct him on procedure for filing claims. Complete rules and regulations will be carefully explained individually to each site occupant and copies of all instructions given to him. Site occupants may consult with the Agency's relocation staff whenever problems arise, and by recurring visits, staff will try to anticipate problems and provide appropriate solutions or recommendations. A. Qualifications and Conditions for Payments The Agency will pay reasonable and necessary moving expenses and storage costs. Businesses may be compensated for actual direct loss of value of personal property for which reimbursement or compensation is not otherwise made by the Agency (through purchase, etc.), or a combination of both. Families and individuals may qualify for replacement housing payments, and certain businesses may be eligible for an alternate payment in lieu of moving expenses and certain other expenses. Former owners will be reimbursed for certain settlement costs and related charges incurred in the sale of property to the Agency. - 17 - 0 0 B. Pavment Amounts Eligible families and individuals will be given the option to claim: 1) reimbursement of their actual and reasonable moving expenses and/or eligible storage costs; or 2) a moving expense allowance not to exceed $300 based on a schedule related to the number of rooms occupied, and a relocation allowance of $200. In addition, homeowners may be entitled to receive a replacement housing payment not to exceed $15,000 when purchasing a replacement dwelling. Tenants, including tenants electing to purchase, and owners electing to rent a replacement dwelling may be entitled to receive a payment not to exceed $4,000 toward the rental or purchase of a comparable replacement dwelling. Eligible business concerns and institutions will be reimbursed for: 1) actual and reasonable moving costs; and 2) any actual direct loss of personal property; or in lieu thereof, certain businesses may elect to receive an alternate payment of not less than $2,500, nor more than $10,000 equivalent to the average annual net earnings and based upon such earnings for the two taxable years immediately preceding the year of displacement. No temporary on-site moves made for the convenience of the Agency will be chargeable to a site occupant's allowable relocation payment. C. Filing Claims (1) All claims for relocation payments must be submitted on forms which will be provided by the Agency. (2) All claims for relocation payments must be submitted to the Agency within eighteen (18) months after displacement of the claimant. D. Documenting Claims A claim must be supported by the following: (1) If for moving expenses, except in the case of a fixed payment, bids as -18- required by the Agency, itemized receipted bills or other evidence of expense. (2) If for actual direct loss of personal property, written evidence thereof, which may include appraisals, certified prices, copies of bills of sale, receipts, cancelled checks, copies of advertisements, offers to sell, auction records, and such other records as may be appropriate to support the claims. (3) Documentation may be required by the Agency; and may include income tax returns, withholding or informational statements, and proof of age. - 19 - IX. ASSISTANCE TO BUSINESSES AND NON-PROFIT INSTITUTIONS AND ORGANIZATIONS Business and institutional site occupants will be personally interviewed to determine their relocation needs and preferences, provided general and special informational material, assisted in preparing relocation claims, helped in finding other suitable locations within or outside the Project Area, and referred to other groups or agencies for assistance in completing a satisfactory relocation. As the situation requires, the relocation staff will refer these site occupants to, and maintain liaison between, the Small Business Administration, the Economic Development Administration, appropriate trade associations, the Chamber of Commerce, lending institutions, real estate agencies, brokers, and multiple listing realty boards in order that they may be assisted on a nondiscriminatory basis in obtaining suitable relocation premises, financial help, and guidance in re-establishing their operations. Information about the Office of the Economic Development Administration will be available from the relocation staff, and referrals to them and to others who can assist commercial displacees will be made with the same consistency and comprehensiveness as referrals of residents to social service agencies. - 20 - X. GRIEVANCE PROCEDURES Displacees will be informed by Agency staff members of their right to appeal regarding relocation decisions that are made. Any person aggrieved by a determination as to eligibility for, or the amount of a relocation payment, may have his claim reviewed in the following manner: A. Such person shall request in writing that the Executive Director, or his designee review the matter with the person making this request. The Executive Director shall notify such person in writing of his decision after reviewing and considering all reasonably available evidence. B. After review of the matter by the Executive Director and receipt of his decision, or in the event such person has not received notification of the Executive Director's decision within thirty (30) days after filing the initial request for review, the person may file his complaint in writing with the City's Relocation Appeals Board. Such Relocation Appeals Board will promptly hear all such complaints pursuant to the provision of the Relocation Program providing for relocation assistance and administration of claims as outlined in the pertinent regulations. The Board shall, after a public hearing on the matter, transmit its findings and recommendations to the Agency Members. C. After a public hearing by the Relocation Appeals Board, and receipt of its findings and recommendations the Agency Members shall conduct a hearing on the aggrieved person's complaint and shall give such person at least five (5) days written notice prior to hearing the matter. The aggrieved person shall be notified in writing of the decision of the Agency Members within five (5) days after such decision, and the basis for such decision. The decision transmitted by the Agency shall represent the final decision of the Redevelopment Agency. In federally assisted projects, Redevelopment Agency decisions can be appealed to the U. S. Department of Housing and Urban Development. Upon exhaustion of administrative remedies a claimant may seek judicial review if he so chooses. - 21 -