R-8615
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RESOLUTION NO. 8615 (CCS)
CITY COUNCIL SERIES
A RESOLUTIO~ OF THE CITY COGNCIL
OF THE CITY OF SA~TA MONICA AMENDING
RULES AKD REGGLATIO~S FOR IMPLE~ENTATION
OF THE CALIFOR~nA RELOCATION ASSISTANCE LAW
AND PROPERTY ACQGISITION PROCEDURES
WHEREAS, state law randates that all public ent~ties adopt
rules and regulatlons relatlng to relocatlon aSslstance, last
resort houslng and real property acqulsltloni
WHEREAS, State la~ further ~andates that all publlC entltles
reVlse these rules and regulatlons as necessary to conform to any
amendments to State la~;
WHEREAS, the Clty Counell has adopted rules and regulations as
required by State la~ and seeks to reVlse these rules and
regulatlons to conforrr to state lav amendnents;
NOH THEREFORE, THE CITY COU~CIL OF THE CITY OF SANTA rmNICA
DOES RESOLVE AS FOLLOKS:
SECTION 1 .
In accordance ~lth the requlrenents of the
Callfornla Relocatlon Asslstance Lav/ (Governwent Code Sectlon 7260
et. seq.), and conslstent ~n th the provlsions thereof, the revlsed
Rules and Regulatlons for Implerentatlon of the Callforn~a
Relocatlon Asslstance LaH and Property Acquisltion Procedures
attached hereto as an exhlblt and incorporated hereln by reference,
are hereby adopted.
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SECTION 2.
The Clty Clerk shall certlfy to the adoptlon of
this Resolutlon and thenceforth and thereafter the same shall be in
full force and effect.
APPROVED AS TO FORtI:
~~~
J SEPH'l. LAHRENCE
A tlng City Attorney
: attachment
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CITY OF SANTA MONICA
RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW
AND
PROPERTY ACQUISITIO~ PROCEDURES
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RULES AND REGULATIONS
FOR IMPLEMENTATION OF
THE CALIFORNIA RELOCATION ASSISTANCE LAW
AND
PROPERTY ACQUISITION PROCEDURES
I. [Sec. 100] GENERAL
A. [Sec. 101] Purpose
The purpose of these Rules and Regulations is to lmplenent the
California RelocatIon AssIstance Law (Government Codel section
7260, et. seq.) and establIsh acquisitIon procedures.
The Rules and Regulations are designed to carry out the
follouing policies of the RelocatIon Assistance La\v vlith respect to
activitles of the CIty:
1. To ensure that unlform, faIr and equl table treatment is
afforded persons a result of the actlons of the CIty, ln order
that such persons shall not suffer dlsproportionate Injury as
a result of action taken for the beneflt of the publlC as a
whole; and
2. In the acquisltlon of real property by the Clty, to ensure
conslstent and faIr treatment for o'.mers of real property to
be acqulredl to encourage and expedIte acquisitlon by
agreement ,vi th o'~;ners of such property In order to avoId
litigatIon and relIeve congestIon In courts, and to promote
confIdence in publlC land acqulsltlon.
B. [Sec. 102] Authority
These Rules and Regulations have been adopted by resolutIon of
the Clty pursuant to Section 7267.8(a) of the CalIfornia Governnent
Code, and are in confornity with the Relocation ASSIstance Law and
the Relocation Assistance and Real Property AcquisitIon Guidelines
adopted by the Department of Housing and Conmunlty Development (the
"Guidelines") .
C. [Sec. 103] EffectIve Date; ApplicabilIty
The effective date of these Rules and Regulations shall be the
date of their adoptIon by the CIty. These Rules and Regulations
shall be applIcable to all dlsplacement and acqulsition occurring
after theIr adoptlon by the city.
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These Rules and RegulatIons supersede all other Rules and
Regulations for Relocatlon previously adopted by the City provided,
however, that these Rules and Regulations shall not be construed to
apply retroactIvely to actIons undertaken by the CIty prior to
theIr adoptlon.
D. [Sec. 104] Extent of Relocation Paynents
The City shall provlde relocation aSSIstance and shall make
all of the relocation paynents required by law, Including the
making of such payments fInanced by the federal government. In
addl tlon, the CIty may make any additional relocation payments
WhlCh ln the city's oplnlon may be reasonably necessary under the
circumstances of the partIcular case to carry out the purposes of
a redevelopment plan for any redevelopnent project. Such payments
shall be subJect to the avaIlabilIty of funds for such purposes.
E. [Sec. 105] ExceptIon for RelocatIon RequIrehents
1. The requirement to provlde relocatIon aSSIstance and benefits
shall not apply to a purchase of property WhICh lS offered for sale
by the owner, property belng sold at execution or foreclosure sale,
or property belng sold pursuant to court order or under court
superV1SIon if the property In any of the foregolng situatIons 1S
elther occup1ed by the owner or 1S unoccupied, and 1f the offer for
sale lS not induced by City dISposlt1on, planned condemnat1on, or
redevelopment of surroundIng lands, and If the sales price is fa1r
market value or less, as deternined by a qualified appraiser, and
if no federal funds are Involved in the acquisitlon, construction,
or project developnent. "Offered for sale" neans either advertised
for sale In a publication of general c1rculatlon publlshed at least
once a ..leek or llsted ..nth a lIcensed real estate broker and
publIshed in a Multiple lIsting, pursuant to Sectlon 1087 of the
Civil Code.
2. At the tlme of makIng an offer to acqUire property under
paragraph 1, the C1ty shall notify the property owner In vrlting of
the follovnng:
a. The CIty'S plans for developIng the property
to be acqUIred or the surroundlng property;
and
b. Any relocatIon asslstance and beneflts
provided pursuant to state law and the effect
of selectlng a particular type of assistance
or benefits described.
F. [Sec. 106] Prlorlty of Federal Law
W1th respect to a federally funded proJect, the city shall
nake relocatIon aSs1stance paynents and provIde relocatIon advisory
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asslstance as requlred under federal lau. The Clty may nake any
relocatlon asslstance payment, or make any relocation asslstance
payment ln an anount WhlCh exceeds the maXlmum amount for such
payment authorlzed by these Rules and Regulatlons, lf the making of
such payment, or the payment in such amount, is required under
federal law to secure federal funds.
G. [Sec. 107] Severablllty
If any prOV1Slon of these Rules and Regulations or the
application thereof to any person or circumstances 15 held invalld,
such invalidity shall not affect other provisions or applications
of the Rules and Regulatlons WhlCh can be glven effect wlthout the
invalid provision or appllcatlon, and to this end, the provlslons
of the Rules and Regulations are severable.
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II. [Sec. 200] DEFINITIONS
A. [Sec. 201] Acquisition
"Acquisition" IT1eans obtainlng m.,rnership or possesslon of real
property by purchase, eminent domaln, or any other lawful means.
B. [Sec. 202] Adequate Replacement Dwelllnq
"Adequate replacement dwelllng" means a dwelllng 'i.lhich meets
all of the crlteria for a conparable replacement dwelling, except
that with respect to the nunber of rooms, habitable Ilving space
and type of constructlon the dwelllng need be only adequate, not
comparable.
c. [Sec. 203] Appralsal
"Appralsal" means a wrltten statenent independently and
lmpartially prepared by a quallf ied appralser setting forth an
opinion of defined value of an adequately descrlbed property as of
a speclflc date, supported by the presentation and analysis of
relevant market lnfornatlon.
D. (Sec. 204] Averaqe Annual Net Earninqs
"Average annual net earningsll weans one-half of any net
earnlngs of a bUslness before federal, state and local lncome
taxes, durlng the tT.'O taxable years lnnediately precedlng the
taxable year in which such business moves from the real property
being acquired, or durlng such other period as the Clty determlnes
to be more equitable for establlshing such earnlngs, and includes
any compensatlon pald by the bUSlness to the owner, owner's spouse
or owner's dependents durlng such period.
The tern "m.,rnerll as used herein includes the sole proprletor
ln a sole proprletorship, the prlncipal partles ln a partnershlp,
and the prlnclpal stockholders of a corporation, as determined by
the Cl ty. For purposes of determlnlng a prlncipal stockholder,
stock held by a person, hlS or her spouse and their dependent
children wl11 be treated as one unit.
E. [Sec. 205] Average Monthly Income
"Average monthly lncome" I1eans total annual gross lncome
divided by blelve.
F. [Sec. 206] Base Monthly Housinq Costs
The base monthly houslng cost for an acqulred dwelllng is the
average monthly houslng cost for the tNelve month perlod prlor to
dlsplacement or such other period, not to exceed twelve months,
that the Clty deterI11neS ~ost accurately reflects average costs
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(plus reasonable utility charges). In case of an owner-occupant or
other person who does not pay rent, the average monthly housing
cost shall be an amount equal to the fair market rental value for
the acquired dwelllng plus reasonable utility charges.
G. [Sec. 207] Business
"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 manufacture, processlng, or marketing of
products, commodltles or any other personal property;
2. For the sale of serVIces to the publICi
3. By a nonprofit organlzatlon; or
4. Solely for the purpose of SectIon 700 of these Rules and
Regulations, for ass1.sting In the purchase, sale, resale,
manufacture, proceSSIng or marketlng of products, commodltles,
personal property or serVIces by the erection and nalntenance
of any outdoor advert1.sing dlsplay, whether or not such
dIsplay IS located on the premlses on ~hlCh any of the above
actiVItIes are conducted.
H. [Sec. 208J city
"City" means the CIty of Santa E.onica, a municipal corporatlon
duly organized and validly existIng under the Laws of the state of
Callfornla and 1 ts Charter, and any Cl ty staff, consultants,
assignees, delegates and City departments \lho may be aSSIgned the
dutles and responslbllltles for ImplementIng the RelocatIon
Assistance Law pursuant to these Rules and Regulatlons.
I. [See. 209] Co;",parable Renlacement Dilellinq
"Comparable replacenent d-..elllng" IT,eans any dvlelllng that is
all of the follo~lng:
1. Decent, safe, and sanltarYi
2. Adequate in slze to acco~nodate the occupantsi
3. In the case of a displaced person who IS a renter, within the
financIal means of the dlsplaced person. A comparable
replacement duellIng lS wIthIn the flnancial means of a
displaced person If the monthly rental cost of the dwelling
minus any replacement housing paynent available to the person
does not exceed, ttlenty-f i ve percent (25 %) of the person's
average monthly Income;
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4. Comparable "'/i th respect to the nunber of rooms, habitable
space, and type and quallty of construction. Comparability
under this paragraph shall not requ1re str1ct adherence to a
detailed, feature-by-feature compar1son. Whl1e a co~parable
replacement dwell1ng need not possess every feature of the
displacement dHelling the principal features shall be present;
5. In an area not sub] ected to unreasonable adverse environmental
conditions;
6. In a location generally not less desirable than the location
of the dlsplaced person's dr.velllng ".,ith respect to public
ut1lIties, fac1lltles, services, and the displaced person's
place of e~ploymenti
7. Hous1ng available 1n Sectlon 8 existlng housing programsi
8. Boats of any type or descriptlon and recreational vehicles -
as def1ned ln Health and safety Code SectIon 18010.5, buses,
house cars, tra1lers, tra1ler coaches - excluding mob1le hones
as defIned In Health and Safety Code Sectlon 18008 - shall not
be deemed conparable replacement duelllngs.
To be cons1dered, boats rust meet the Internal Revenue Serv1ce
defin1t1on for a pr1ncipal resldence and all other tests
herein for decent, safe and sanltary hous1ng.
If a dwell1ng WhlCh satisfies these standards is not
avallable, the C1ty ~ay consider a d~lelllng which exceeds them.
"Replacement d'Vlelllng" as here1n def lned does not refer to
"replacement dHelling unit" as that term lS used and deflned in
Sect10n 33411.2(c) of the Cal1fornia Communlty RedevelopIT.ent Law.
J. [Sec. 210] Condon1nlun
llCondomlnlunll means comb1nation of co-mlnersh1p and o~lnershlp
in severalty. It lS an arrangef.1ent under T,,-h1Ch persons ln a housing
development hold full t1tle to a one-fa~lly dyelling un1t,
including an und1Vlded lnterest 1n common areas and facllltles, and
such restr~cted common areas and facIlItIes as may be deslgnated.
K. [Sec. 211] Date of Acquls1t1on
The date on WhICh the deed or other conveyance to the real
property be1ng acquired by the city is recorded in the office of
the Los Angeles County Recorder, or the date on which the city is
entltled to posseSSIon of the real property pursuant to an order of
the Los Angeles Superior Court In an eminent domain proceeding.
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L. (Sec. 212] Decent, Safe and Sanltary Housing
1. A dwelllng which neets with all the followlng mininun
requ1rements. Exceptlons nay be made by the Clty for unusual
circumstances or ln unlque geographlc areas.
a. Conforrls \Vl th all applicable provisions for existing
structures that have been constructed under state or
local bUlldlng, plumbing, electrical, houslng and
occupancy codes and s~milar ordinances or regulat1ons.
b. Has a continuing and adequate supply of potable water.
c. Has a kltchen or an area set aside for kitchen use which
contains a sink in good working condltion connected to
hot and cold water and to an adequate sewage systen. The
k~tchen or kitchen area shall have utility service
connectlons and adequate space for the lnstallation of a
stove and a refrlgerator.
d. Has an adequate heating system ln good \'lOrking order
WhlCh wl11 malnta1n a ninlnun terperature of 70 degrees
in all hab~table roo~s.
e. Has a bathroor.1, v.Tell-11 t and ventilated and affording
prlvacy to a person \llth~n lt, contalnlng a lavatory
basln and a bathtub or stall sho~;er, properly connected
to an adequate supply of hot and cold runnlng vater, and
a flush closet, all in good ~orklng order and properly
connected to a se,.Tage d~sposal systen.
f. Has an adequate and safe vlrlng system for Ilghtlng and
other electrlcal serVlces.
g. Is structurally sound, veathertlght, ln good repalr and
adequately malntalned.
h. Has a safe unobstructed means of egress leading to safe
open space at ground level UhlCh conforms to bUllding and
f1re codes.
1. Has at least one room wh~ch shall have not less than 150
square feet of floor area. Other habitable rooms, except
kitchens, shall have an area of not less than 70 square
feet. Where more than two persons occupy a roan used for
sleeping purposes, the requlred floor area shall be
increased at the rate of 50 square feet for each occupant
in excess of two. The floor space lS to be subdlvided
~nto sufflc~ent rooms to be adequate for the fam11y. All
roons rmst be adequately ventllated. Hahl table floor
space lS deflned as that space used for sleeplng, living,
cooklng, or dlnlng purposes and excludes such enclosed
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places as closets, pantrles, bath or tOllet rooms,
service rooms, connecting corr1dors, laundr1es and
unf1nished attlcs, foyers, storage spaces, cellars,
ut1lity rooms and Slm1lar spaces.
2. A decent, safe and sanl tary sleeplng room lS one WhlCh
1ncludes the minimum requ1renents conta1ned in paragraph a.,
subparagraphs (1), (4), (5), (6), (7), and (8) above and at
least 70 square feet of hab1table floor space for the f1rst
occupant and 50 square feet of habltable floor space for each
additional occupant. \.;hen the term lJdecent, safe and sani tarylJ
is interpreted under local, state or federal law as
establlshlng a hlgher standard, the elements of that higher
standard are incorporated herein.
3. A decent, safe, and sanitary mobile home 1S one wh1ch conforms
to the m1n1mum requirements prescribed by state la~s and rules
and regulat10ns promulgated pursuant thereto and bears the
ins1gn1a of approval lssued by the state of Callforn1a,
Depart~ent of Hous1ng and Communlty Development.
M. [Sec. 213J Department
lJDepartment" Means the Cal1forn1a Department of Hous1ng and
Commun1ty Developnent.
N. [Sec. 214J D1splaced Business
"D1splaced bus1ness" means any bUS1ness vhich qual1fles as a
displaced person under Sect10n 216 hereof.
o. [Sec. 215J D1splaced Farm Operat1on
"Displaced farm operationll means any farm operat1on Wh1Ch
qualifies as a dlsplaeed person under Sect10n 216 hereof.
P. [See. 216] D1splaced Person
lIDisplaced Personll means both of the follmnng:
1. Any person uho moves from real property, or T,,,ho moves h1S or
her personal property fro~ real property, elther:
a. As a dlrect result of a -I.T 1 tten notlce of intent to
acqulre or the acqulsltlon of the real property, In whole
or 1n part, for a program or pro] ect undertaken by a
publlC entlty or by any person hav1ng an agreement wlth
or act1ng on behalf of a public entlty.
b. As a dlrect result of the rehabllltatlon, demolit1on, or
other displaclng actlv1ty as the publlC entlty may
prescr lbe under a program or pro] ect undertaken by a
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publiC entity, of real property on which the person is a
residentlal tenant or conducts a business or farm
operation, in any case ln WhlCh the public entity
determlnes that the displacenent is permanent.
2. solely for purposes of Sections 300, 400, 600 and 700, any
person who Moves from real property, or moves hlS or her
personal property from real property, either:
a. As a direct result of a wrJ_tten notlce of intent to
acqulre or the acquisition of other real property, in
whole or ln part, on which the person conducts a business
or farm operation, for a program or project undertaken by
a publlC entity.
b. As a direct result of the rehabllltatlon, denolltlon, or
other displacing activity as the publlC entity may
prescrlbe under a program or pro] sct undertaken by a
public entlty, of other real property on WhiCh the person
conducts a business or farm operatlon, in any case ln
~hich the publiC entlty determines the dlsplacement lS
pernanent.
ThiS deflnltlon shall be construed so that persons displaced
as a result of publlC action receive relocation benefits in cases
where they are displaced as a result of an agreeMent wlth the city,
lncluding, but not linited to an owner participation agreement, a
dlSposltion and developnent agreement, or an excluslve rlght to
negotiate agreement, for or in connection vith a public use, where
the publlC entl ty is othenllse eI1powered to acquire the property to
carry out the publlC use.
Except persons or fanilies of 10-~1 and noderate lncome, as
deflned ln section 50093 of the Health and Safety Code, who are
occupants of houslng v-lhlCh \las made available to then on a
pernanent basis by a public agency and ,;ho are reqUired to move
fron the housing, a ITdisplacedlT person shall not include any of the
following:
1. Any person ,-.rho has been deter:r:nned to be in unla.,lful occupancy
of the displaceFient dwelling.
2. Any person whose rlght of possession at the tine of moving
arose after the date of the publlC entity's acquisition of the
real property.
3. Any person who has occupied the real property for the purpose
of Obtaining assistance under these gUldelines.
4. In any case in WhlCh the publiC entlty acquires property for
a program or project (other than a person who was an occupant
for the property at the tlrne lt was acquired), any person who
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occupies the property for a per10d sUbJect to termination when
the property is needed for the program or proJect.
5. Unless federal law or regulatlons requlre such a tenant
to be considered a displaced person, any non-res1dential
tenant or occupant who moves as a result of h1S breach of
hlS tenancy agreement.
6. A ut111ty Wh1Ch relocates its poles, posts, w1res, conduits,
cables, plpes, lines and necessary fixtures and equipment
located in, along, or under any public street, road or h1ghway
as the result of act1v1tles in the lmplementation of a
redevelopment plan 1S not a displaced person.
Q. (Sec. 217] Displaced ReSldent
llDisplaced resldent" means any lndlvidual or family occupant
of a dwelllng who qualifies as a d1splaced person under Sectlon 216
hereof.
R. (Sec. 218] D~elling
"D,.;elling" means the place of permanent or custonary and usual
abode of a person, lnclud1ng a single-fanlly build1ng, a
single-family unlt 1n a t-,lo-famlly dT..;ell1ng, multi-fam1ly or
multl-purpose d;lell1ng, a unl t of a condominium or cooperatl ve
housing project, a non-housekeeplng unit, a moblle ho:rae or any
other res1dentlal unl t ,:hich e1ther 1S consldered to be real
property under state la^ or cannot be moved wlthout substantlal
danage or unreasonable cost. A res1dence need not be decent, safe
and sanitary to be a dT.ielllng.
A second hor.le shall be cons1dered a d-vlell1ng only for the
purpose of establishing eliglblllty for payment for moving and
related expenses under Sec. 602 of these Rules and Regulations.
S. [Sec. 219J Economlc Rent
"Economic rent" means the amount of rent a tenant or home mIner
would have to pay for a dwelling sinilar to the acqu1red dwell1ng
in a comparable area.
T. (Sec. 220j Elderly Household
"Elderly household" means a household in v.,ThlCh the head of
household or spouse lS Slxty-two (62) years of age or older.
U. (Sec. 221] Family
llFamilyH means blO or I::'.ore individuals, one of \vhom 1S the
head of household, plus all other lndlviduals regardless of blood
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or legal tIes who 11ve wlth and are considered a part of the fa~ily
unit.
V. [Sec. 222J FarTI Operation
"Faro operation" means any actIvIty conducted solely or
primarIly for the productIon of one or more agricultural products
or commoditIes, includIng tImber, for sale or hone use and
customarIly produclng such products or COTIr:lOdltles ln suffIclent
quantlty to be capable of contrIbutIng materIally to the operator's
support.
w. [Sec. 223J Federal Prolect
"Federal project" means any dIrect federal proJect or any
proJect receIvIng federal fInanclal assIstance.
x. [Sec. 224J Gross Incone
"Gross Incor.e" neans the total annual lncome of an lndividual,
or \lhere a famIly lS dIsplaced, total annual Income of the parents
or adult heads of household, less the followlng:
1. A deductIon of $500.00 for each dependent in excess of three.
2. A deductIon of ten percent (10%) of total incone for an
elderly or handicapped household.
3. A deduction for recurrIng, extraordInary medIcal expenses,
defined for this purpose to r.ean r.edIcal expenses In excess of
three percent (3%) of total Income, uhere not conpensated for
or covered by Insurance or other sources, such as publIC
assistance or tort recovery.
4. A deductIon of reasonable ar..ounts paId for the care of
children or SIck or Incapacltated fa~lly nembers when
determIned to be necessary to enployment of the head or
spouse, except that the anount deducted shall not exceed the
amount of Income recelved by the person thus released.
Y. [Sec. 225] HandIcapped Household
"Handicapped household" means a household In WhICh any member
lS handIcapped or disabled.
z. [Sec. 226] InitiatIon of Negotlations
"InItIatIon of negotiations" means the lnitial wrltten offer
to purchase nade by the CIty to the owner of the real property to
be purchased, or to the o.mer' s representative.
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AA. [Sec. 227] Last Resort Hous1nq
"Last Resort Housing" means comparable replacement dwelllngs
provlded by the Clty wlth its funds or funds autho~ized for the
proJect because eX1st1ng comparable replacement dwellings will not
otherW1se be ava1lable as needed.
Last Resort Housing as herein def1ned does not refer to
"replacement dHelllng unit" as that term 1S used and deflned in
Section 33411.2(c) of the Californla Communlty Redevelopment Law.
BB. [Sec. 228] Mob1le Ho~e
"Hob1le home" means a structure, transportable ln one or More
sectlons, WhlCh is bUllt on a permanent chassis and des1gned to be
used as a dwelling w1th or ~lthout a permanent foundat1on when
connected to the requ1red ut1llt1es and includes the plumblng,
heating, alr-cond1t1on1ng and elect~lcal systems conta1ned therein.
A self-propelled vehlcle 1S not a Gobile home.
ce. [Sec. 229] ~ortqaqe
Those classes of 11ens as are cOlTnonly glven to secure
advances on, or the unpald purchase prlce of, real property,
together \-ll th the cred1 t 1nstrunents, lf any, secured thereby
1ncluding but not llml ted to deeds of trusts and land sales
contracts.
DD. [Sec. 230J Nonprofit Orqanlzatlon
T1Nonproflt organ1zat1on" means a corporation, partnership,
ind1vidual or other publlC or private entity, engaged in a
business, professional or inst1tutlonal actlvity on a non-profit
bas1s, necessltat1ng f1xtures, equ1pnent, stock 1n trade, or other
tangible property for the carrying on of the buslness, profession
or institutional activity on the pre~lses.
EE. [Sec. 231 J O',mersh1p
"0\vnerSh1p" treans holding any of the follmling 1nterests ln a
d\..rell1ng, or a contract to purchase one of the f 1rst SlX (6)
1nterests:
1. A fee t1tle;
2. A I1fe estate;
3. A 50-year lease;
4. A lease w1th at least twenty (20) years to run from the date
of acquisltlon of the property;
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5. A proprIetary lnterest In a cooperatIve housing project WhICh
Includes the rIght to occupy a dwellingi
6. A proprietary interest In a nob1le homei
7. A leasehold interest w1th an opt1on to purchase.
In the case of one who has succeeded to any of the foregoing
interest by devlse, bequest, inherItance or operatlon of law, the
tenure of ownership, but not occupancy, of the succeedlng owner
shall include the tenure of the preced1ng owner.
FF. [Sec. 232] Person
"Person" means any indivIdual,
corporatIon assoclatlon.
famIly, partnership, or
GG. [Sec. 233] Personal Property
"Personal property" means tang1ble property WhICh is sItuated
on a real property vacated or to be vacated by a dlsplaced person
and which is considered personal property and 1S non-conpensable
(other than for moving expenses) under the state law of eninent
domaln.
In the case of a tenant, personal property includes fIxtures
and equIp~ent, and other property WhICh may be characterlzed as
real property under state or local law, but ~hICh the tenant may
la~fully and at hIS election determlne to move, and for which the
tenant IS not conpensated in the real property acqUIsition.
In the case of an o~ner of real property, the determ1nation as
to whether an lte~ of property is personal or real shall depend
upon how It IS 1dentIf1ed 1n the closing or settlenent statement
wlth respect to the real property acqu1sItion.
HH. [Sec. 234] Post-Acquls1t1on Tenant
"Post-acquIsItion tenant" neans a tenant who laT.-lfully
commences to occupy property only after the City acquires it.
II. [Sec. 235] Prepald Expenses
"Prepaid expenses" means items paId ln advance by the seller
of real property and pro-rated between such seller and the buyer of
such real property at the close of escrmv IncludIng, but not
limited to, real property taxes, insurance honeowners' associatIon
dues and assess~ent payment.
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JJ. [Sec. 236] PubllC Use
npubllC use" neans a use for vlhich real property may be
acqulred by eminent domain.
KK. [sec. 237] Small BUSlness
nSrnal1 Business" means a buslness as defined in Part 24 of
Tltle 49 of The Code of Federal Regulations.
LL. [Sec. 238] Tenant
A person who rents or lS other~lse ln lawful possession of a
dwelllng, lncludlng a sleeplng rooM, which is owned by another.
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III. [sec. 300] RELOCATION ADVISORY ASSISTANCE
A. [Sec. 301] Advisory ASSIstance to be Provlded by the City
The City shall provide relocatIon advisory assistance to any
resident or business displaced because of the acquisition of real
property by the City. In addltlon, the CIty may provide relocatIon
advlsory asslstance to any person OccupYlng property immedIately
adJacent to the real property acquired and who the CIty determines
is caused substantlal economIC injury because of the acquIsition.
The relocation advlsory assistance to be provided by the City
shall include such measures, faCllltles and/or services as may be
necessary or approprIate In order to:
1.
Fully lnform elIgIble persons as to
relocatIon benefIts and assistance
requirements therefore, as well as
obtalnlng such beneflts and asslstance;
the
and
the
avallability of
the eligibility
procedures for
2. DeternIne the extent of the need of each elIgible person for
relocatIon aSSIstance;
3. Assure elIgIble displaced reSIdents that withIn a reasonable
period of tIne prIor to dlsplace~ent, to the extent that lt
can be reasonably acconpllshed, there VIII be avaIlable
comparable replacenent dT,iellings sufflcient ln number and kind
for, and avaIlable to/ such elIgIble reSIdents;
4. Provlde current and continuing informatIon on the
aval1ablll ty, prIces, and rentals of comparable sales and
rental hOUSIng, and comparable connerclal propertIes and
locatlons, and as to securIty depOSIts, closlng costs, typical
down payments, Interest rates and terms for residential
property ln the area;
5.
Assist each elIgIble, dIsplaced person
appllcatlons for payrrents and benefIts;
to
complete
6. Assist each ellglble, dIsplaced resident to obtaIn and move to
a comparable replacerent dwelllng;
7. ASS1St each elIglble, displaced business ln obtaining and
becomIng establIshed In a SUItable replacement location wlth
a mlninum of delay and loss of earnings;
8. Provide any serVIces required to insure that the relocatlon
process does not result In dIfferent or separate treatment on
account of race, color, religion, ancestry, national orlgln,
sex, narital status or other arbItrary circumstances. Such
relocatlon process shall satIsfy the reqUIrements of Title VI
of the CIvil RIghts Act of 1964, Tltle VIII of the CIvil
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R1ghts Act of 1968, the Unruh C1V1I R1ghts Act and the
California Falr Hous1ng Lawj
9. Supply to elig1ble persons informatlon concernlng federal and
state hous1ng programs, d1saster loan and other programs
administered by the Small BUS1ness Ad~ln1stration, and other
federal or state prograLls offerlng asslstance to displaced
persons;
10. Provide other advisory assistance to ellg1ble persons to
minimize their hardships, such as counseling and referrals
with regard to houslng, flnanc1ng, employment, training,
health and welfare;
11. Inform all persons who are expected to be displaced about the
eV1ctlon pol1c1es to be pursued in carrying out the project.
B. [Sec. 302] Informatlon proqram
1. [Sec. 303] General Infornation
The C1ty shall establish and maintain an lnformation program
utll1Z lng meetlngs, ne~;sletters, and other mechan1sms, including
local medla, available to all persons, for keep1ng occupants of the
property WhlCh the Clty lS acqulrlng lnformed on a continuing baS1S
about lts relocat1on progra~. The criterion for selecting among
var10US alternat1ve ~echanisms shall be the llkelihood of actually
communlcatlng information to such persons. Legal publications,
legal ads in local ne~;spapers of general clrculatlon and slm1lar
means are lnadequate if they are llkely to go unnotlced.
The Clty shall provide technlcal ass1stance as necessary to
interpret elements of the Clty'S Relocation Plan and other
pertinent mater1als.
2. [Sec. 304] Personal Contact
As soon as practlcable follmnng the in1t1ation of
negotiations to acquire a parcel of real property, the city shall
contact each eliglble person OccupYlng such property to carefully
explain and dlSCUSS fully vlth such person the extent of relocation
payments and aSslstance that may be made available by the city.
Such contact shall be dlrect and personal except where repeated
efforts indicate that such contact 15 not possible. Such contact
may be made at the t1me and as part of the lnterview to ascertain
relocation needs conducted pursuant to Sect10n 311. All persons
shall be advlsed and encouraged to Vls1t the city's relocation
office for lnfornatlon and assistance. The city shall nalntain
personal contacts wlth occupants of the property to the maximum
extent practlcable.
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3. [Sec. 305] Payment After Death
A replacement houslng payment lS personal to the displaced
person and upon hlS death the undlstributed portion of any such
payment shall not be pald to hlS heirs or assigns, except that:
a. The cost attrlbutable to the displaced person's actual
occupancy of the replacenent houslng shall be paid;
b. The full payment shall be dlsbursed ln any case in WhlCh a
member of a displaced faMlly dles and the other faml1y members
contlnue to occupy the replacenent dwelling selected in
accordance wlth the regulatlons ln thlS part; and
c. That portlon of a replacement houslng pay~ent necessary to
satisfy the legal obllgatlon of an estate in connection with
the selection of a d,..;elllng by or on behalf of a deceased
person shall be dlsbursed to the estate.
Example
(1) Cost incurred for an actual rove conducted by a
professlonal moving conpany; and
(2) Rental charges incurred prlor to recelpt of relocatlon
benefits.
4. [Sec. 306] Infornatlon Statenent for Relocation
Asslstance
As soon as practlcable follo'.Jlng the lnl tiation of
negotlatlons to acqulre a parcel of real property or interest
thereln, the city shall provlde each occupant of such property wlth
a 'V'rltten staterent contalnlng the follo,Jlng lnforrnation:
a. A general descrlptlon of the nature and types of actlvitles
that wll1 be undertaken and ldentlflcation of the displacement
area lnvolved, including a diagrammatlc sketch of such area;
b. A statement that Clty action may result in displacement, but
that to the greatest extent practlcable, no person lawfully
OccupYlng the real property wlll be requlred to move without
at least 90 days wrltten notlce from the Clty;
c. A statement to residents that famllles and lndlviduals wlll
not be requlred to move from thelr d~ellings before reasonable
offers of decent, safe and sanitary and otherwise comparable
replacenent d~Jelllngs vlithin their flnancial neans have been
made, except under llMited circumstances provided for in these
Rules and Regulatlons;
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d. A general descrIptIon of types of relocatlon payments
avaIlable, IncludIng general ellglbility criterla, and a
cautlon against premature moves that might result in loss of
ellglblllty for a payment;
e.
Identlflcatlon
descriptlon of
available;
of the CIty's relocatIon program and a
relocatlon services and aIds that will be
f. Encouragement to VIsIt the city's relocation offlce and
cooperate wlth staff, and the address, telephone nunber and
hours of the relocatlon office;
g. Informatlon to reSIdents on replacenent dwellIngs, includlng;
(1) A brIef descrIptIon of what constItutes a replacement
duelling, IncludIng phYSIcal standards;
(2) A layman's descrlptlon of applIcable federal, state and
local fair hOUSIng Im;s;
(3) A state~ent that the Clty VIII identlfy available
comparable replacement dwellIngs and wl1l provlde
assistance to persons In obtalnlng hOUSIng of thelr
choIce, IncludIng assistance In referring complaints of
discrimination to the approprlate federal, state or local
fair housing enforcement agency;
(4) A statenent that persons nay seek their own housing
accon~odations, and urglng them, if they do so, to notify
the CIty prior to naklng a co~mltnent to purchase or
occupy the property.
h. A statement to businesses that the Clty ~lll provide every
posslble aSSIstance In locatIng relocatlon accor.u:10dations,
lncludlng consultatIon vlth the Small BUSlness Admlnlstration
and other governmental agenCIes VhlCh mlght be of aSSIstance;
1. A statement to bUSInesses descrIbIng the reqUIrement for prIor
notIfIcatIon to the CIty of the business' lntention to move;
j. A sunnary of the CIty's eVIction POlICY;
k. A statement descrIbing the CIty's grIevance procedure, ltS
purpose and hml 1 t may be used;
1. Any addItlonal lnfornatlon that the city belleves would be
helpful. Where approprlate, separate Infornatlon statements
shall be prepared for residential and non-residential
occupants.
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5. [Sec. 307] Notice of Ellglblllty Status
In addltlon to dlssemlnatlng general Informatlon of the type
descrlbed in Sections 302 and 303, the city shall provlde each
occupant of the property wlth lndlvldual, wrltten notiflcatlon of
theIr eligibIlity status as soon as lt has been established.
6. [Sec. 308] Lanquaqe of Infor~atlon MaterIal
InforQatlon material shall be prepared in the language(s) most
easily understood by the recipients. In displacement areas where
there are slgnIflcant concentrations of persons who do not read,
wrlte, or understand EnglIsh fluently, the natlve language of the
people should be used and all infornational material should be
provlded In the native language(s) and EnglIsh.
7. [Sec. 309J Method of Dellvery of Informational
l!ater lal
To assure receIpt of the lnformatlonal naterial, the city
shall arrange to have the materIal eIther hand-delIvered to each
occupant of the property \llth a request for a written receIpt, or
sent by certlfled mall, return receIpt requested.
C. [Sec. 310J DetermInatlon of Relocatlon Needs
1. [Sec. 311J IntervI€'.JS
As soon as practIcable follO'.llng the lnitiation of
negotlatlons to acqulre a parcel of real property, the city shall
lntervie;l each elIgIble person OccupYIng such property to obtaln
informatlon upon <.....hich to plan for hOUSIng and other
accommodatlons, as ~ell as counseling and asslstance needs. The
interVIew shall be by dIrect, personal contact, except where
repeated efforts indicate that such contact is not possible. The
Clty shall carefully explaIn and dlSCUSS fully WIth each person
intervieued the purpose of the lntervle,{.
When a person cannot be lntervlewed or the IntervIeu does not
produce the infornatlon to be obtalned, reasonable efforts shall be
made to obtain the informatIon by other neans.
a. [Sec. 312] Infornatlon to be ObtaIned from
ResidentIal O~ner Occupants or
Tenants
The City shall endeavor to obtaIn the follo~ling lnfornatlon
from eliglble persons.
(1) Income;
(2) Whether a person is elderly or handIcapped;
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(3) Slze of famlly;
(4) Age of children;
(5) Location of Job and factors Ilmltlng accessibillty;
(6) Area of preferred relocation;
(7) Type of unlt preferred;
(8) Ownershlp or tenant preference;
(9) Need for social and publlC serVlces, special schools and
other services;
(10) Eligiblllty for publicly assisted houslng;
(11) with reference to the present d~elllng:
(a) the rent;
(b) type and quality of constructlon;
(c) number of rooms and bedroo~s;
(d) anount of habltable llvlng space;
(e) locatlonal factors lncludlng, a~ong others, publlC
utllltles, publlC and conmerclal faclllties
(lncluding transportatlon and schools) and
nelghborhood condltlons (lncludlng munlcipal
servlces) .
(12) Such other ~atters that concern a household as its nembers
contemplate relocatlon.
b. [Sec. 313: Coordlnatlon vlth Other Aqencles
In order to avold dupllcatlon of effort and to ensure that
necessary information lS avallable at the approprlate time, the
city shall coordlnate ltS lntervlev activitles wlth the survey
actlvltles, lf any, of other agencles. Gathering of data pertinent
to soclal service referrals of eligible persons shall be planned in
cooperatlon wlth social service agencies.
c. [Sec. 314] Intervlew after Person Moves Without
Notice
If the city falls to conduct the requlred lnterview of any
ellglble person ln a tlmely and effectlve manner, the Clty shall
nake every reasonable effort to identlfy, locate and intervlew such
person who has noved so that thelr relocatlon needs can be
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determined.
2. [Sec. 315} Relocatlon Records
Based on informatIon obtained durlng Interviews and from other
sources as applicable, the Clty shall prepare and malntain an
accurate relocation record for each to be displaced. The record
shall contaln a descrlptlon of the pertinent characteristics of the
persons to be displaced and the assistance deemed to be necessary.
A displaced person (or any person authorized ln wrItlng by such
person) shall have the rlght to lnspect such docunents containlng
Infornation relatIng to hln to the extent and in the manner
provided by law.
3. [Sec. 316} UpdatInq Infornatlon
Informatlon pertaInlng to the relocatlon needs of eligible
persons OccupYIng each parcel of real property \H th respect to
~hlCh the City has Inltlated negotiations for acquisition shall be
up-dated at least annually. Ellglble persons shall be encouraged to
bring any change in their needs to the attentIon of the CIty.
D. [Sec. 317J Relocatl0Yl Site OffIce
The city nay, as It deems necessary, establlsh a site offIce
which lS accessIble to all area reSIdents and businesses "Tho may be
dIsplaced to prOVIde relocatIon aSSIstance. Any such office shall
be staffed ~ith traIned and/or experienced relocation personnel.
Office hours shall be scheduled to accommodate persons unable to
ViSIt the office during normal bUSIness hours. The city nay also
make proviSIon for neetIng WIth displaced persons in theIr homes or
places of business.
E. [Sec. 318] ContractIng for RelocatIon Services
The Clty nay enter Into a contract wlth any IndIvidual, fIrm,
assoclatlon, corporatIon or governmental agency haVIng an
establlshed organIzatIon for conductIng relocatlon aSSIstance
programs, for the purpose of prOVIdIng relocatIon adVIsory
assistance.
F. [Sec. 319] CoordInatIon of Relocation ASSIstance
The CIty shall coordlnate its relocatIon asslstance program
with other work neceSSItatIng dIsplacement of persons, and wlth
actlvities of other publlC entlties in the CIty or nearby areas,
for the purpose of plannIng relocatlon actlvlties and coordlnatlng
the availabIllty of replacenent dwelling resources In the
inplernentatlon of the CIty'S relocatIon assistance program.
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IV. [Sec. 400J RELOCATION PLANS
A. RelocatIon Plans
1. [Sec. 401] Requirement Generally
As soon as practIcable folloitllng the Inl tIatlon of
negotlatlons to acqUIre a parcel of real property In any
dIsplacement area reqUIred for SIte Improve~ents, disposition and
development agreements, partICIpation agreements or any other
actlvlty that wIll result in dIsplacement, the city shall prepare
a Relocation Plan. The Relocation Plan shall be submltted to the
Clty Council for approval. When the City'S actIon w1ll only result
in an ins1gn1f1cant amount of non-residentlal dlsplacement, the
Clty 1S not requlred to prepare such a Relocation Plan.
2. [Sec. 402] Contents of Plan
The Relocat1on Plan for an 1I1pler:1entation actI Vl ty shall
conta1n the follor".ring elements j
(a) A dlagrarrnatlc sketch of the dIsplacerent areaj
(b) ProJected dates of displacementj
(c) An analYSIS of the aggregate relocatlon needs of all persons
to be d1splaced, IncludIng an analys1s of replacement dHelllng
needs in accordance ~Ith Sectlon 403;
(d) An analYSIS of replacement d~:elllng resources, 1n accordance
w1th section 404;
(e) A detailed explanatIon as to hmi the aggregate relocation
needs of all persons to be d1splaced are to be metj
(f) A cost estinate for carrying out the supplemental relocation
plan and 1dentlflcation of the source of necessary funds;
(g) A deta1led plan by ..:hICh any last resort hous1ng is to be
provided, In accordance with Section ~05;
(h) Temporary relocatIon plans, lf any;
(1) A detailed descrIpt10n of the relocation adv1sory services
program, Includlng spec1fic procedures for locatlng and
referrlng elIgIble persons to comparable replacement
duelllngSj
(J) A descriptlon of the relocatIon paynents to be nade and a plan
for d1sburse~entj
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(k) Standard 1nformatlon statenent(s) to be sent to all persons to
be d1splaced;
(1) A descr1pt1on of relocation off1ce operatlon procedures;
(m) Plans for c1t1zen part1cipat1on;
(n) An enUI:'lerat1on of coordlnation activlties undertaken with
other d1splac1ng agenc1es and social service agenclesi
a. [Sec. 403] Analysis of Replacement Dwellinq
Needs
A wrl tten analys1s of replacenent dTtlell ing needs shall be
prepared. It shall be prepared 1n sufficient detail to enable
determlnatlon of the ava1lab1l1ty for all potentlal dIsplaces of
housing \lh1Ch meets the standards set forth 1n the deflnitlon of
comparable replacement d~elling.
The wTltten analysis of replacement dvlelllng needs shall
include:
(1) Separate informatlon concernlng honeownershlp and rental
unlts;
(2) The nunber of units ldent1f1ed by cost for each Slze category;
(3 )
Needs of elderly and hand1capped
lncludlng lnformatlon on the
requlrlng spec1al fac1l1t1es
facIl1tles;
households sho~n separately,
nunber of such households
and the nature of such
(4)
Descrlptlon of the locatlonal characterist1cs of
displace~ent area nelghborhoods corresponding to
requlrements of comparable replace~ent d~elllngs;
the
the
(5) InformatIon concernIng prOX1I:'llty to present employment
sources, nedlcal and recreat10nal faci 11 t1es, parks, community
centers, shoppIng, transportation and schools;
(6) Information concern1ng proximity to other relevant needs and
amenities.
b. [Sec. 404] Analysls of Replacement Dwellinq
Resources
A written analysis of replacement dwelling resources shall be
prepared 1n suff iClent detaIl to enable a determination of the
avallability for all potential displaces of hous1ng \lhlCh meets the
standard for conparable replace~ent d~elllng.
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The wrltten analysls of replacement dwelling resources shall
lnclude:
(1) Separate infornatlon concernlng homeownership and rental
unlts;
(2) The nunber of unlts aval1able by cost for each Slze category;
(3) Resources available to meet the needs of elderly and
handlcapped households sho'itm separately, lncludlng infornation
on the number of units with special facllities and the nature
of such faCll1tles;
(4) Descrlptlon of the locational characterlstlcs of the
TIelghborhoods ln the survey area (establlshed pursuant to
Sections 503-505 belo~) corresponding to the requirements of
cOTaparable replacer.ent d-.'ellings;
(5) InforMation cOTICern1ng proxlMl ty to present enployment sources
(with the consent of the dlsplaced person, a potentlal
enployer may be substituted), rnedlcal and recreational
facllltles, parks, connun1ty centers, shopplng, transportation
and schools;
(6) Infornation concern1ng proxlDlty to other relevant needs and
amenities.
c. [Sec. 405J ~ethod of Providing Last Resort
Houslnq
If the Clty determ1nes to use ltS funds or the funds
authorlzed for the proJect to provlde last resort housing, the Clty
shall, as part of the Relocation Plan, prepare a plan for produclng
such last resort housing. The Plan shall speclfy:
(1) Hm.;, ~ihen and ;;here the houslng \1111 be provided;
(2) How the housing w1ll be flnanced and the a~ount of funds to be
allocated to such houslng;
(3) The prlces at UhlCh the hous1ng "'111 be rented or sold to the
faml11es and 1ndlvlduals to be displaced;
(4) The arrangements for housing management and social serV1ces,
as approprlate;
(5) The suitabllity of the locatlon and environmental lrnpact of
the proposed houslng;
(6) The arrange~ents for maintaining rent levels appropriate for
the persons to be rehoused;
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(7) The d1Spos1t1on of proceeds for rental, sale or resale of such
housing;
(8) Any referendum or zonlng requlrenents and the approprlate
procedures to be folloued.
The Clty may consult or contract w1th the DepartMent, a local
houslng authority or other agency or organ1zation having experience
ln the admln1strat1on or conduct of hous1ng programs to provide
technical assistance and adV1se in the developnent of the plan for
last resort housing.
d. [Sec. ~06] InforMation Required
The Relocatlon Plan shall contain sufflcient facts to show
that:
(1) Fair and reasonable relocat1on payments \llll be prov1ded to
eliglble persons as requ1red by state la~ and these Rules and
RegulatIons;
(2) A relocat1on adv1sory ass1stance progran will be establ1shed
ln conforMance ~.;1 th state law and these Rules and Regulations i
(3) Elig1ble persons ~lll be adequately informed of the
ass1stance, benef1ts, pol1c1es, pract1ces and procedures,
including gr1evance procedures, prov1ded for by state law and
these Rules and Regulatlonsi
(4) Based upon recent survey and analys1s of both the housing
needs of persons who will be dlsplaced and available
replacenent hous1ng and considering co~petlng de~ands for that
housing, comparable replacement d~iellings wll1 be available,
or prov1ded, if necessary, w1th1n a reasonable per10d of tlme
pr10r to displacement suff1C1ent 1n number, Slze and cost for
the el1gible persons who requ1re them;
(5) Adequate prov1sIons have been made to provlde orderly, timely,
and efficient relocatlon of eligible persons to cOMparable
replacenent d",Jelllngs avallable vIi thout regard to race, color,
religion, ancestry, national orIgIn, sex or marItal status,
\llth m1n1mUM hardshlp to those affected;
(6) A relocatlon plan meet1ng the requIreMents of state law and
these Rules and Regulations has been prepared;
(7) The necessary relocatIon resources wll1 be available as
requ1red;
(8) WI th respect to the acqulsi tlon of real property, to the
greatest extent practlcable, adequate prov1sions have been
made to be gUIded by the appl1cable provlsions of state law
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and these Rules and Regulatlons.
3. [Sec. 407] Review of Relocatlon Plan
The Relocation Plan shall be submltted to the Department
thlrty (30) days prlor to submisslon to the city Council for
approval. Coples shall be avallable to the public upon request.
The city Councll shall review and conslder the informatlon
contalned ln each Relocatlon Plan prlor to dlsplaclng persons in
connection wlth the redevelopnent plan lmplementation actlvity for
which the Relocatlon Plan ~as prepared.
General Notice of the plan shall be provided. ThlS notice
shall be deslgned to reach the occupants of the property and be In
accordance with Section 303 and section 308 of these Rules. This
notice shall be provided at least thlrty (30) days prior to
submission to the city Councll for approval.
C. (Sec. 408J ConforMance to General Plan
Relocatlon plans prepared by the City in accordance with
Sectlons 400 through 407 shall be conslstent \nth the Housing
Element of the Clty's General Plan.
D. [Sec. 409] Lpdate of Relocation Plans
In the event of delay ln l~plementation of a Relocatlon Plan
prepared by the Cl ty, such Relocatlon Plan shall be updated
annually.
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v. [Sec. 500] ASSURANCE OF COMPARABLE REPLACEMENT DWELLINGS
A. [Sec. 501] Requ1rement Generally
No displaced resident shall be requlred to move froI:l his
dwelling because of its acquisition by the Clty, unless there is a
permanent or temporary replacenent d\:elling avallable to him. The
city shall assure that, wlthin a reasonable period of time prlor to
dlsplacement, to the extent that lt can be reasonably accoMplished,
there will be avallable comparable replacement dwelllngs equal in
number to the number of displaced resldents who require such
dwellings. In any event, permanent housing facllltles (comparable
replacement dwell1ngs) shall be made avallable within three (3)
years from the tlme residents are displaced and pendlng the
development of such facl1ities there shall be available to such
displaced res1dents adequate tenporary houslng facilities.
B. [Sec. 502] Procedures for Identifying Co~parable
Replace~ent Duelllnqs
1. [Sec. 503] Survey of Avallable Replacement Dwellinqs
As soon as practicable followlng the initiatlon of
negotiatlons to acqulre a parcel of real property, the City shall
ln1tlate a survey of avallable comparable replacement dwelllngs. If
a recent survey that provldes the 1nformatlon ldentlfled in Sectlon
504 lS not avallable, the Clty shall conduct a survey of the
houslng market. If a recent survey lS avallable, but it does not
reflect Dare recent, signiflcant changes in houslng market
condltlons, the survey shall be updated or 1t shall not be relied
upon. In the event of delay 1n carrY1ng out the ll'1plementation
actlvlty to ,;hlCh the survey pertalns, the survey shall be updated
at least annually.
2. [Sec. 504J Informat1on To Be Obtalned
a. [Sec. 505J Survey Area
The survey area shall be reasonably related to the
displacement area and to the needs and preferences of the persons
to be d1splaced. The survey area shall have relevant
character1stlcs specified for comparable replaceMent dwellings
which equal or exceed those of the nelghborhood from which
persons are to be dlsplaced.
b. [Sec. 506J Gross Number of Comparable
Replacement Dwelllngs
(1) [Sec. 507J Standard Generally
Only duelllng units ,.thich satisfy the standards of
comparable replace~ent d'iellings, includlng the locat1onal
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criteria, shall be counted as a relocatIon resource.
(2) [Sec. 508] Unconpleted New ConstructIon
or Rehabilitatlon
Uncompleted new constructIon or rehabilitation shall only be
counted toward the gross number of conparable replacenent dwellings
If there is a substantIal llkellhood that the dwelling unIts will
be avaIlable 'it/hen needed and at hOUSIng prices or rental costs
wlthlTI the fInancial means of the prospective occupants.
(3). [Sec. 509] Publicly SUbsldlzed Houslnq
PubllCly SUbsldlzed houslng, as defIned pursuant to Article
XXXIV of the Callfornla Constltution and Sections 37000 through
37002 of the CalifornIa Health and safety Code, shall only be
counted toward the gross number of co~parable replacement dNellings
if it reasonably can be establIshed that:
(a) The dwellIng unlts ,dll be avallable ,;hen needed;
(b) The governmental body providing the subsldy has made, in
wrIting, a reasonably bindIng commItment of aSSIstance;
(c) The dwelling unlts have been inspected and deternIned to be
decent, safe and sanltary and the Incone ceilIngs, rent ranges
and age restrictions, if any, have been conslderedi
(d) The number of d~elllng units avaIlable In the CIty exceeds the
number of households In need of the duelllng units, provided
however, that thIS reqUIreMent shall not apply vhen:
(I) the CIty or another public entIty undertakes to prOVIde
such publIcly subsidized hOUSIng speCIfIcally as a
relocatIon resource; or
(11) the Clty establIshes that such publIcly subsidlzed
housing ~ill be replaced by last resort hOUSIng within
t~o (2) years. To establIsh that last resort housing wlll
be developed as reqUIred, the City must have SIte control
va th permISSIve zonIng, prelullnary plans and condi tlonal
Conrll tments for subsidy and fInancing, or the equIvalent,
and must identify mlDershlp;
(e) Wlth respect to uncompleted new constructIon or
rehabilitatIon, such publIcly subsidized dwellIng units are
belng subsidIzed to provide relocatIon resources.
c. [Sec. 510] Adlustment for Concurrent Dlsplacement
The gross nUr:'ber of conparable replacement dpelllngs In the
survey area shall be dIscounted to reflect concurrent dlsplacement
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by the federal government and lts agencles, includ1ng federally
assisted projects, as well as d1splacement by other pUblic entities
within the survey area.
3. [Sec. 511] ReV1ew of Survey Results
When more than twenty-flve (25) households will be dlsplaced,
results of the survey of comparable replacement dwelllngs shall be
submitted for reVlew to local houslng, development and planning
agencies and shall be cOMpared to other eXlstlng information on
housing.
Notwlthstand1ng the results of the survey of comparable
replacement dvellings, lf the demand for hOUSIng IS such that there
are no vacanCles other than those permitted by turnover, the City
may proceed to dIsplace res1dents from d~lellings, but only to the
extent that the CIty obtalns referrals of comparable replacement
dwellIngs for such resldents in accordance with the provlsions of
SectIon 512.
C. [Sec. 512J Referrals of Replacenent Dwelllnqs
The CIty shall obtain at least three referrals of comparable
replacenent dwellIngs for each dIsplaced reSIdent, provlded that
where the CIty determInes that, due to special circumstances, three
is not a reasonable number, feuer than three referrals may be
dee~ed suff1CIent to sat1sfy the requirements of thlS SectIon. Such
referrals shall be in vrltlng, In a language understood by the
displaced resident.
The CIty's obl1gatlon to obtain a conparable replacement
dwelllng for any dIsplaced resident shall be deemed to be satIsfied
If such resldent lS offered and refuses, wlthout justiflcation, the
nunber of specIflcally ldentlfled conparable replacement dwellings
prOVIded for 1n this Section.
D. [Sec. 513J Tenporary Move
1. [Sec. 514J Use of Tenporary Replacenent Housinq
The C1ty may relocate dlsplaced res1dents to temporary
replacement hOUSIng under the condltlons prov1ded In SectIon 513.
Such housing shall meet the standards of an adequate replacement
d'itlelling.
The CIty shall n1ninize, to the greatest extent feasible, the
use of temporary replacenent houslng. Tenporary replacement
housing may be used, a~ong other appropriate tImes, when a proJect
plan anticipates mov1ng lndlvlduals back into completed project
accommodations.
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2. [Sec. 515J RelocatIon ASSIstance and Payments
The city shall provIde dIsplaced residents who
temporary replacement hOUSIng WIth relocation assistance,
and benefits designed to achIeve perManent relocatIon
reSIdents into comparable replacenent dwellIngs.
r.love to
services
of such
3. [Sec. 516] Assurances PrIor to Temporary Move
Prior to any temporary move, the city shall determine and
provide written assurance to each displaced resident that:
a. Conparable replacement dwellings ~Jill be made available at the
earliest pOSSIble time, and in any event within twelve (12)
months from the date of the nove to the temporary replacement
housing;
b. Comparable replacenent d~elllngs will be made available, on a
priorlty basisl to the lndlvldual or famlly \~Tho has been
temporarl1y rehoused;
C. The move to temporary replacenent housing will not affect a
clalmant's elIgIbIlity for a replacement hOUSIng payment nor
deprlve hlm of the sane chOIce of replacement duelling units
that would have been nade avaIlable had the temporary move not
been made and the costs of a temporary move vlill not be
considered as all or a part of relocation payments to which a
dlsplaced resldent IS entItled;
d.
If a proJect plan anticipates appropriate
acconnodations belng bUIlt In the project area, the
vlho has been temporarily displaced vlill be given
opportunIty to obtain such hOUSIng accommodatIons;
housing
resident
priority
e. The City will pay all costs in connection with the move to
te71porary replacement housIng, IncludIng Increased hOUSIng
costs.
E. [Sec. 517J provision of Last Resort Houslnq
1. [Sec. 518] Authorlzatlon; Methods
If comparable replacer1ent d~:elllngs are not avaIlable, and the
Clty determlnes that such hOUSIng cannot othervise be made
avallable, the city shall use funds authorlzed for the project for
WhlCh the real property, or Interest thereof, IS being acquired to
provide such hOUSIng.
The City may expend funds and take such other actions as
necessary to provide, rehabilItate, or construct last resort
housing pursuant to an approved plan for last resort housing
through methods includIng but not limited to the following:
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a. Transfer of funds to state and local houslng agenc1es;
b. Contract w1th organlzatlons experlenced 1n the development of
housing;
c. Dlrect developr,ent; rehabil i tatlon or construction by the
Clty;
d. Financing of developnent, rehabll1tation or construction by
the City;
e. Provide housing SubSldles as permitted by law.
Whenever practlcable, the City shall utilize the services of
federal, state, or local houslng agencies, or other agencies havlng
experience ln the administration or conduct of similar houslng
prograns. Where several agenc1es are adminlstering programs
resultlng 1n residential d1splacement, opportunit1es shall be
sought for )Olnt development and flnanclng to aggregate resources
in order Most efflclently to provlde last resort housing in
sufflClent quant1ty to satlsfy the aggregate needs of such
programs.
2. [Sec. 519] Nondiscrlnlnatlon; Afflrmatlve Actlon
All contracts and subcontracts for the constructlon,
rehabilltat10n or management of last resort hous1ng shall be let
\lithout dlscrinlnatlon as to race, color, rellgion, ancestry,
natlonal orlgln, sex, Garltal status, and other arbitrary
Clrcunstances and pursuant to an afflrnatlve actlon program. The
Clty shall encourage partlclpat10n by mlnorlty persons ln all
levels of constructlon, rehabllltatlon, planning, flnancing and
Management of last resort housing. ~Jhen the housing Hill be located
In an area of minorlty concentration, the Clty shall seek to secure
signiflcant participation of n1norities ln these activitles. The
city shall requlre that, to the greatest extent feasible,
opportunltles for trainlng and enploynent arlslng 1n connection
vlth the plannlng, construction, rehabilltation and operatlon of
last resort houslng be given to persons of lo~ lncome reslding in
the area of such houslng and shall determlne and implement means to
secure the partlclpatlon of small buslnesses In the performance of
contracts for such work.
3. [Sec. 520] Confornlty wlth statutes and Regulations
The provlsion of last resort housing by the city shall be In
accord with the prov1s1ons of Section 1 of the C1Vll Rights Act of
1966, Tltle VI of the C1V1I Rlghts Act of 1964, Tltle VIII of the
Clvil Rights Act of 1968, the Unruh civil Rlghts Act, the
Callfornia Falr Houslng Lav, and the Callfornla EnVlronmental
Quality Act of 1970, and regulatlons lssued pursuant thereto.
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4. [Sec. 521] Monitorinq Housinq Production
The City shall monl tor the productlon of the last resort
houslng to ensure that lt lS ln accordance wlth the plan for last
resort houslng approved by the Clty.
5. [Sec. 522] Retentlon of Senef its Upon Move to Last
Resort Houslng
The Clty shall not requlre a dlsplaced resldent to accept last
resort housing In 11eu of the dlsplaced resident's acquisitlon
payment, if any, for the real property from which he lS displaced
or the relocatlon paynents for ..;hlCh he may be ellgible.
F. [Sec. 523] Move to Substandard Dwelllng Unlt
The City shall lnspect each replacenent dwelling prlor to the
tlme a displaced resldent occuples It. The city shall not induce or
encourage a displaced resldent to acqulre a dwelling which does not
satisfy the standards of a comparable replacement dwelllng.
If a dlsplaced resldent occuples a dwelllng unlt to WhlCh he
is referred by the Clty and the dV'elllng unlt does not satlsfy the
standard of a comparable replacement dwelllng, the Clty shall offer
to locate such a dwelllng for the dlsplaced resident and to pay
again all movlng and related expenses.
If a displaced resldent chooses not to Dove from a substandard
dwelling unit he has occupied, the dlsplaced resldent shall
nevertheless be ellglble to recelve relocatlon assistance and
payments If one of the follonlng condltlons lS met:
1.
If he occupled the
referral by the CltYi
substandard
or
d",Te lllng
unlt
follmnng
2. If the rental or purchase of the substandard d~lelllng unlt is
the result of the Clty's fallure to identlfy a reasonable
number of comparable replacement dwelllngsi or
3. If the purchase of the substandard dwelllng unlt is not the
result of the Clty'S referral or failure to refer, when the
substandard dwelling unlt 15 brought lnto compllance with the
decent, safe and sanltary standard.
In the event the condltlon met is paragraph 3, any replacement
houslng paynent shall be limlted to the amount that ..lOuld be
provided In connectlon ';lth the purchase of a slmilar, comparable
replacement dwelllng, or the sum of the actual costs of acqulsition
(lncluding incidental expenses) and rehabllitation, whlchever is
less.
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G. [Sec. 524] Waiver of Requ1rement for Replacement Dwell1nq
Prlor to D1splacement
When immedlate possession of the real property is of crucial
lmportance and one of the follo~'lng C1rcumstances exists, the city
may require an eligible displaced resident to move from his
dwelllng before a cOlT'parable replacenent d\-velllng or temporary
adequate replacement d~ell1ng lS avallable:
1.
\\'hen d1splacenent 1S neceSSl tated
def ined in Sectlon 102 (2) of the
1974";
by a maJor disaster
"Dlsaster Relief Act
as
of
2. Durlng perlods of declared national or state emergency;
3. When such other extraord1nary or emergency sltuations occur
where irmediate possesslon of real property lS of cruc1al
1nportance.
Any wa1ver of the require~ent for replacement dwell1ngs prior to
dlsplacement shall be supported by approprlate flndlngs and a
determ1natlon of the necesslty for the wa1ver.
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VI. [Sec. 600] RELOCATION PAYHEKTS TO DISPLACED RESIDENTS
A. [Sec. 601] Payments Required
The city shall conpensate a dlsplaced resident for the
expenses described In SectIon 602 or 603 and In SectIon 604 or 614.
A displaced resldent 'i.Jho la'itJfully reSIdes on his business property
may be eliglble for both the paynents descrlbed ln thIS section 600
and the payments to a dIsplaced bUSIness provided under Section
700. A person who moves from hIS dwellIng or who moves his personal
property therefron because he is displaced by the City from other
real property on FhlCh he conducts a business shall be eligible
only for payments provided for under section 602 or 603.
B. [Sec. 602] Actual Reasonable Movlnq Expenses
A dlsplaced resldent shall be compensated for the actual
reasonable expenses incurred In mOVIng hlI:lself and his family,
includlng mOVIng personal property. In all cases the amount of a
payment shall not exceed the reasonable cost of acconplishlng the
activity In connectIon ,-nth ,;hich a claIm has been filed.
The l,ovlng and related expenses for ,:hlCh claIms may be flIed
shall lnclude:
1. TransportatIon of persons and property not to exceed a
dlstance of fIfty (50) MIles from the SIte from WhICh the
resldent was dIsplaced, except vhere the Clty determlnes that
relocatIon beyond such dIstance of fIfty (50) miles lS
justIfIed;
2. PackIng, cratlng, unpacking and uncratlng personal property;
3. Such storage of personal property, for a period generally not
to exceed twelve (12) months, as deternined by the CIty to be
necessary In connectlon wlth relocatlon;
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 dlsplaced reSIdent, his
agent or e~ployee) In the process of noving, where lnsurance
coverlng such loss, theft or damage is not reasonably
avaIlable; dIsconnectlng, disasseGbllng, dIsmantling,
removing, reasserrblIng, reconnectlng and relnstalling
machInery, equlp~ent or other personal property not acquired
by the CIty, IncludIng connectIon charges Imposed by public
utilitles for startIng utIlIty serVIce.
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C. [Sec. 603] Alternate Payments
A displaced resident ~ho is eligible for a payment for actual
reasonable mov1ng expenses may elect to receive, and shall be paid,
1n lleu of such payment, a mov1ng expense and dislocation allowance
WhlCh shall be deternined accordlng to a schedule established by
the city. The schedule shall be conslstent with the residential
moving expense and dislocation allowance payment schedule
establlshed by Part 24 of Title 49 of The Code of Federal
Regulations.
D. [Sec. 604] Replacement Hous1nq Payments for Displaced
Homeouners
1. [Sec. 605] Arount of Paynent
The C1ty shall make to a displaced resident who meets the
ellg1b1lity requirenents of Section 606, a payment not to exceed a
comb1ned total of $22,500. for:
a. The a~ount, 1f any, 'i.:h1Ch when added to the acqulsition cost
of the d~ell1ng acqu1red for the proJect equals the reasonable
cost of a co~parable replacement dwelling. Th1S amount shall
not exceed the d1fference bet~een the acquisitlon pr1ce of the
acqulred dwelllng and the actual purchase price of the
replacement dwelling;
b. The amount, lf any, to compensate the d1splaced resident for
any 1ncreased 1nterest cost he 1S required to pay for
flnanclng the acqu1s1tlon of a replace:i1ent d'i.velllng. The
payment shall not be made unless the d';,;elllng acquired by the
Clty was encunbered by a bona flde nortgage ~h1Ch 'i.Jas a valld
11en on the d;;ell1ng for not less than 180 days prlor to the
lnltlation of negot1at1ons for acqulslt10n of such dwelllng.
(ThlS t1TIe requlrement may be ~od1fled ln accordance with the
provlslons of Sect10n 606a);
c. Reasonable expenses incurred by the dlsplaced resident
incident to the purchase of the replacement dwelllng, but not
includlng prepa1d expenses;
d. The cost of rehabll1tating a dtlelllng which does not satiSfy
the decent, safe and sanitary standard.
2. [Sec. 606] Eligibility
A displaced res1dent lS eliglble for a replacement housing
paynent lf such person satlsfies the followlng condltlons:
a. Has actually oT.~'ned and occup1ed the d,lelllng fron HhlCh he 1S
displaced as a permanent or custonary and usual place of abode
for not less than 180 days prlor to the 1n1tlation of
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negot1at1ons for acquisit10n of such dwelling. If an owner
sat1sf1es all but the 180 day requirenent and can establish to
the satlsfactlon of the C1ty that he bought the dwelling with
the lntent10n of mak1ng lt h1S place of residence, that the
move 'ViaS not mot1vated by a deSlre to recelve relocatlon
assistance and benef1ts, and that he neither knew nor should
have known that publ1C acqulsition was 1ntended, the C1ty may
reduce the requ1rement as necessary.
b. Purchases and occuples a replacenent dwelllng w1thin one year
subsequent to the date on which he rece1ved f1nal payment from
the City for all costs of the acqu1red dwelling or the date on
'Vlh1Ch he moves from the acqu1red dT.lelllng, whichever lS later.
Where for reasons beyond the control of the displaced res1dent
completlon of construct1on, rehabll1tatlon, or relocat1on of
a replacenent dAelllng lS delayed beyond the date by WhlCh
occupancy lS requ1red, the C1ty shall deterQine the date of
occupancy to be the date the displaced resldent enters into a
contract for such construct1on, rehab1litat1on, or relocatlon
or for the purchase, upon co~plet1on, of a dNelllng to be
constructed or rehab1l1tated, 1f, 1n fact the d1splaced
resident occup1es the replacerent d..,ell1ng vrhen the
construct1on or rehab1l1tatlon 1S conpleted. Where for reasons
of hardshlp or c1rcunstances beyond the control of the
d1splaced resident, such person 1S unable to occupy the
replacement d~ell1ng by the requ1red date, the C1ty may extend
the deadl1ne as necessary. If by the deadline the d1splaced
person has contracted to purchase a replacement dwelllng, the
C1ty w1ll extend the deadl1ne to the extent reasonable. No
person other~lse el1glble for paynent, shall be den1ed such
el1glb1l1ty as a result of be1ng unable, because of a maJor
state or nat10nal d1saster, to ~eet the occupancy requirenents
conta1ned herein.
3. [Sec. 607] Computat1on of Replace~ent Houslnq
Payment
a. [Sec. 608J Reasonable Cost of Co~parable
Replace;nent DT.,ell1nq
In determln1ng the reasonable cost of a comparable replacement
dwelling, the Clty shall use one of the folloulng methods:
(1) Conparative Method. On a case by case basls by deterninlng the
11stlng pr1ce of dwellings WhlCh have been selected by the
Clty and WhlCh are nost representat1ve of the acquired
dwelling unlt and meet the defln1t1on of a comparable
replacenent duelllng. ~henever poss1ble the listing prlce of
at least three dwelllngs shall be considered; or
(2) Schedule Method. Khere the city deternines the comparative
nethod lS not feas1ble, lt may establish a schedule of
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reasonable acquisition costs for the various types of
comparable replacenent d~elllngs. The Clty shall cooperate
\Vl th other entitles caus ing displacement ln the area to
establlsh a unlform schedule. The schedule shall be based on
a current analysis of the market to determlne a reasonable
cost for each type of dwelllng to be purchased. The analysls
nay be conf lned to the sub-area from vlhich persons are
displaced or may cover several different sub- areas; if they
satisfy or exceed the crlterla for a comparable replacement
dwelling. To assure the greatest comparability of dwellings In
any analysis, the analysls shall be dlvided into
classifications of the type of constructlon, number of
bedrooms, and prlce ranges; or
(3) Alternatlve Hethod. Uhere the Clty determines that nelther the
schedule, nor comparatlve method is feaSlble In a given
situation, by the use of another reasonable nethod selected by
the Clty.
Whichever method lS selected the cost shall be updated withln
three months of the date of purchase of the replacement dwelllng.
b. [Sec. 609] Increased Interest Cost
Increased lnterest cost shall be equal to the discounted
present value of the dlfference beb'leen the aggregate lnterest
appllcable to the a~ount of the prlnclpal of the ~ortgage on the
acqulred d~elling over its remaining term at the tlme of
acqulsi tlon, and other debt serVlce costs, and the aggregate
lnterest pald on the r:1Ortgage on the replacement dVlelllng, and
other debt serVlce costs. The ter~ and amount of the l'i'lortgage on
the replacement d\lelllng for the purposes of thlS section shall be
the lesser of the remalnlng term and amount of the mortgage on the
acqulred d~;elllng, or the actual term and amount of the mortgage on
the replacement dwelling. The an aunt of the debt service cost with
respect to the replacement dwelllng shall be the lesser of the debt
serVlce cost based on the cost required for a conparable
replacenent dwelllng, or the debt serVlce cost based on the actual
cost of the replacement dwelling.
Prepald lnterest or llpoints" shall be consldered In the
deterrnlnation of the aggregate lnterest.
In calculating the amount of compensatlon, increased
lnterest cost shall be reduced to discounted present value using
the prevaillng lnterest rate pald on savlngs deposlts by
cOTInercial banks In the general area In AhlCh the replacenent
dwelling is located.
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c. [Sec. 610] Expense Inc1dent to the Purchase of
the Replacement O'.lellinq
The replacement houslng payment shall include the amount
necessary to reimburse the d1splaced resldent for actual costs
lncurred by hlm incldent to the purchase of the replacement
dwelling, lncludlng but not llmlted to the following:
(1) Legal, closlng, and related costs including title search,
preparlng conveyance contracts, notary fees, surveys,
preparlng drawlngs or plans, and charges pald lncident to
recordationj
(2) Lender, FHA, VA or sinilar appra1sal costSj
(3) FHA, VA, or Slnllar application feesj
(4) Cost for certif1cation of structural soundnessj
(5) Credit report chargesj
(6) Charge for o~ner's and mortgagee's eVldence or assurance of
titlej
(7) Escrow agent's feej
(8) Sales and transfer taxes.
Payment for any such expenses shall not exceed the amount
attr1butable to the purchase of a replace~ent d~elling. Such
expenses shall be reasonable and legally requlred or custonary in
the CIty of Santa Monica.
Re1mburse~ent shall not be made under the provlsions of th1s
Sectlon for any fee, cost, charge, or expense WhlCh 1S determined
to be a part of the debt serVlce or flnance charge under Tltle I of
the Truth in Lend1ng Act and Regulat10n Z issued pursuant thereto
by the Board of Governors of the Federal Reserve System. Any such
sum should be cons1dered 1n the determ1nat1on of increased 1nterest
cost.
4. [Sec. 611J Nult1-Fam1ly Oo."ellinq
In the case of a dlsplaced honeQT.~-ner uho 1S requlred to move
from a one-fanlly unit of a multi-fan1ly bUlldlng WhlCh he owns,
the replacement housing payment shall be based on the cost of a
comparable one-famlly unlt ln a multi-famlly building of
approx1mately the same denslty or If that 1S not avallable 1n a
bUlldlng of the next less density, or, lf a comparable one-famlly
un1t 1n such a multI-faMIly building 1S not ava1lable, the cost of
any otherWlse co~parable slngle-fanlly structure.
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5. [Sec. 612J Homemlner Retention of Dvlellinq
If a displaced honeowner elects to retain, move, and occupy
his dwelling, the anount payable as the replacement housing payment
lS the dlfference bettleen the acqulsi tion price of the acquired
property and the su~ of the noving and restoration expenses, the
cost of correctlng decent, safe, and sanltary deflclencles, lf any,
and the actual purchase prlce of a co~parable relocatlon site. The
payment shall not exceed the aMount of the replacement housing
payment to WhlCh the homeowner would otherwlse be entitled.
6. [Sec. 613J Lease of CondoMinium
For the purpose of thlS Section 604, the leasing of a
condoffilnlum for a 99-year perlod, or for a term WhlCh exceeds the
11fe expectancy of the dlsplaced resldent as determlned by the most
recent llfe tables ln Vltal statlstlcs of the Unlted States, as
publlshed by the PubllC Health SerVlce of the Depart~ent of Health,
Educatlon and h'elfare or successor acceptable lndex, shall be
deemed a purchase of the condomlnlur.
E. [Sec. 614] Replacement Houslnq PaYMents for Tenants and
Certaln Others
1. [Sec. 615] Amount of Payment
The Clty shall rrake to a dlsplaced resident \\'ho Meets the
eliglblllty requlrerents of section 616, a payment not to exceed
$5,250.00 for elther:
a. An amount necessary to enable such person to lease or rent a
comparable replaceMent d.,'elllng for a period not to exceed 4
years; or
b. An anount necessary to enable such person to make a do'itln
payment on the purchase of a decent / safe and sanl tary
replacement d'\'elllng (lncludlng lncldental expenses descrlbed
ln Sectlon 610).
2. [Sec. 616] Eliqibility
A displaced resldent 1S eligible for a replacement housing
payment if such person satlsfied the followlng condltlons:
a. Has actually and lawfully occupied the dwelling from which he
is displaced for a perlod of not less than 90 days prior to
the initiat10n of negotlatlons for acqulsition of such
dwelling. If a resident sat1sfles all but the 90-day
requirement and can establlsh to the satisfaction of the city
that he occupied the d~;elling wlth the lntentlon of maklng it
hlS place of resldence, that the move was not notlvated by a
desire to recelve relocatlon asslstance and beneflts, and that
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he neither knevl nor should have knmm that public acqu1sltion
was intended, the city ray reduce the requirements as
necessary.
b. Is not el1g1ble to rece1ve a replacement houslng payment for
homeowners or elects not to recelve such payment. Where the
displaced res1dent 1S the ONner-occupant of the dwelling for
at least 90 days but not more than 180 days immediately prior
to the lnitiat10n of negotiat1ons for the acquIsition of the
dwell1ng, the payment made under Sect10n 615b shall not exceed
the anount of paynent to which the resident would be entitled
under Section 605.
c. The d1splaced resldent shall w1th1n one year from the date of
dlsplacenent rent or purchase (as the case may be) and occupy
a replacenent d~:elling. Khere for reasons beyond the control
of the d1splaced res1dent complet1on of construction,
rehab1l1tatlon, or relocation of a replacenent dwelllng is
delayed beyond the date by UhlCh occupancy 1S requlred, the
CIty shall detercIne the date of occupancy to be the date the
d1splaced res1dent enters 1nto a contract for such
construct1on, rehabl1itatlon, or relocat1on or for rental or
purchase, upon co~pletlcn, of a d~lelllng to be constructed or
rehabllltated, If, 1n fact, the dlsplaced person occuples the
replacement d:'ell1ng ~hen the constructlon or rehabilitation
15 conpleted. ~'here for reaSons of hardsh1p or clrcumstances
beyond the control of the d1splaced reSIdent, such person is
unable to occupy the replacement dT.velling by the required
date, the C1ty may extend the deadlIne as necessary. If by the
deadl1ne the d1splaced person has contracted to rent or
purchase a replacerr,ent d\Jelling, the city \nll extend the
deadl1ne. No person otherwise eliglble for paynent, shall be
den1ed such elIglbility as a result of h1S belng unable,
because of a naJor state or national disaster, to meet the
occupancy require~ents contalned herein.
In 1wplementing the relocatlon ass1stance lav.l, 1 t lS the
lntent that spec1al considerat1on shall be gIven to assIst1ng
any dlsplaced resldent 62 years of age or older to locate or
lease or rent a comparable replacement duelling.
3. [Sec. 617] Conputat1on of Replacement Hous1nq Payment
a. [Sec. 618] Rent D1fferential Payreent
The amount of payment necessary for a dlsplaced resident to
lease or rent a comparable replace~ent d,lell1ng shall be computed
by subtract1ng forty-elght (~8) tlr.es the base monthly rental of
the displaced resldent, fron forty-eight (48) t1mes the monthly
rental for a co~parable replacenent d~ellIngi prov1ded, that In no
case may such a~ount exceed the dIfference between forty-eight (48)
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times the base monthly rental and forty-eight (42) times the
monthly rental actually requIred for the replacement dvlelling
occupIed by the dIsplaced resldent.
(1)
Base Monthly Rental.
lesser of:
The base monthly rental shall be the
(a) the average monthly rental paId by dIsplaced reSIdent for
the 3-month per10d prior to lnltlation of negotiatlons;
and
(b) tvlenty-f1ve percent (25%) of the displaced reSIdent's
average monthly gross 1ncome.
lVhere the displaced res1dent Has the mmer of the d\velllng
from which he was displaced or was not requ1red to pay rent
for that dwelllng, or where the rental 1S unrealIstIcally low,
the econom1C rent shall be used in lleu of the average monthly
rental to calculate base monthly rental.
(2) Renta 1 for Conparable Replacenent D."rell inq. The Monthly
rental for a comparable replacewent dwelling shall be
deter~ined by the city uSlng one of the follo~lng methods:
(a) ~onparative Method. On a case by case basis by
determ1n1ng the llst1ng rental of d~ellings Wh1Ch are
!post representative of the acquired dT,-.relllng and meet the
def 1n1 t10n of a comparable replacement duellIng. ~';henever
poss1ble the llst1ng rental of at least three dwellIngs
shall be consldered; or
(b) Schedule Hethod. ~~here the C1ty deterr,anes the
corr.paratlve nethod is not feasible, lt may establish a
schedule of reasonable rental charges for the varlOUS
types of cO:Lparable replacement d;velllngs. 'The CIty shall
cooperate with other entities causing displace~ent 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 analysls nay be conflned to other
sub-areas from WhICh the persons are displaced or may
cover several d1fferent sub-areas, If they satisfy or
exceed the crlter1a for a comparable replacement
duelling. To assure the greatest conparabillty of
dwell1ngs in any analYSIS, the analysis shall be divided
lnto classificat10ns of the type of construction, number
of bedrooms, and range of rental charges; or
(c) Al ternatI ve 1'-'!ethod. \~here the Cl ty determlnes that
nelther the schedule, nor comparable method lS feasible
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in a glven sltuation, by the use of another reasonable
method selected by the Clty.
Whlchever method lS selected the cost shall be updated
wlthln three (3) ~onths of the date of rental of the
replacenent dwell1ng.
In calculat1ng the base monthly rental and the rental for
a comparable replaceMent dwell1ng the city will lnclude
as a cOI:lponent of rent the cost or estir.ated cost of
util1ties, but not includ1ng telephone serVlce.
(d) Last Resort Hous1nq. Paynents will be made to eligible
dlsplaced resldent1al tenants in accordance with Sectlon
726~.5 of the Callfornla Government code, Chapter 16, in
accordance \llth procedures developed by the City.
b. [Sec. 619] Do~npayment
The dOirmpayment for 'j,,'h1Ch a payrr:ent specified 1n section 615b
may be made, shall not exceed the amount of a reasonable
downpayment for the purchase of a comparable replacement dwelling
where such purchase 1S flnanced, plus expenses lnc1dent to the
purchase of a replacer.,ent dT.velllng cOllputed in accordance with
Section 610. The full amount of a do.:npayment shall be applied to
the purchase of the replacellent d~elllng and shall be shown on the
closing statement or other docu~ent acceptable to the Clty.
~. [Sec. 620] Rental Payments for Dlsplaced Honeowners
and Dependents
a. [Sec. 621~ Ho~eOAners
A displaced ho~eo~ner who elects to rent rather than purchase
a replace~ent dAelllng and who meets the elig1b1l1ty requirements
of Sectlon 616 1S el1g1ble for the rent dlfferent1al payment
spec1f1ed 1n Sectlon 618.
b. [Sec. 622~ Dependents
A dependent who lS res1d1ng separate and apart iron the person
or fanlly prov1dlng support, vhether such separate resldence is
permanent or temporary, shall be entitled to payment under Section
614, but such paYITent shall be limlted to the per10d during WhlCh
the d1splaced dependent resides in the replacement dwelling. For
the purposes of th1S Section "dependent II shall be a person who
derives flfty-one percent (51%) or more of his income ln the form
of gifts, from any private person or any academlc scholarshlp or
stlpend. Full tlme students shall be presumed to be dependents but
nay rebut th1S presumption by deT"onstrating that f 1fty percent
(50%) or more of their lncome 15 derlved from sources other than
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glfts from another prlvate person or academic scholarshlp or
stipends.
Dependents residing with the fanlly of WhlCh they are a part
shall not be entltled to any payment except as a part of the
famlly.
F. [Sec. 623J Payments to Residents Displaced from Mobile
Home
1. [Sec. 624] paynents Required
The eligibility requirements and payment provisions of
Sectlons 600 through 613 are appllcable to displaced residents who
are owners or tenants of nobile homes.
2. [Sec. 625] Movinq Expenses: Retention and Move of
Hobile HOP'e
If a moblle hone lS noved to another slte and the dlsplaced
resldent elects to be conpensated for actual reasonable rnovlng
expenses (and not an alternate pay~ent pursuant to Sectlon 603),
then the dlsplaced resldent shall be pald an a~ount for movlng
expenses deternlned ln accordance wlth the appllcable provlslons of
Sectlon 703, Actual Reasonable Eovlng Expenses for a dlsplaced
buslness.
3. [Sec. 626] Replace~ent Housing Payments
The Clty shall make a replacement houslng payment to a
dlsplaced resldent '~lho dlsplaced fro;:] his moblle hone in the
follo~lng sltuatlons:
a. A resldent ~~1ho mvns a nobile hO::le and Sl te and as a
replacement purchases both a d'..lelllng and slte shall be
provlded a paynent ln accordance ulth Sectlon 604. A resldent
who o~ns a moblle home and sitel and as a replacement rents
both a dvlelllng and slte, shall be provided a paynent in
accordance wlth Sectlon 614.
b. A resldent \\-ho rents a moblle hOr.1e and site and as a
replacement rents or purchases a d~elllng and slte, shall be
provlded a payment ln accordance with sectlon 614.
c. A resldent ~ho o~ns a moblle home and slte, and as a
replacement purchases a dvelllng and rents a slte, shall be
provlded a payment ln accordance with Sectlon 604 and 614. The
payment shall be llmlted to the lesser of.
(1 )
The amount necessary to purchase a
comparable replacement dwelllngi and
conventlonal
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(2) The amount necessary to purchase a replacement nobIle
hone (in accordance wIth section 604) plus the amount
necessary to rent a replacement sIte (In accordance with
Section 614). In calculatIng thls amount, the economic
rent for the s 1 te sha 11 be used ln 11 eu of average
monthly rental to deternIne base monthly rent.
d. A resIdent 'iolho mms a SIte froI:1 ~;hICh he Moves a mobIle home
shall be provIded a payment under Section 604 lf he purchases
a replacement SIte and under Sectlon 614 lf he rents a
replacenent site.
e. A resident \lho o:;ns a mobile home Hhich lS acqulred and rents
the site shall be provlded paynent as follows:
(1) If a rnoblle home lS not available the amount required to
purchase a conventional replacement dwelllng (In
accordance \lIth Sectlon 604);
(2) 'The anount necessary to purchase a replacenent mobile
ho~e (in accordance with SectIon 604) plus the amount
necessary to lease, rent or rr,ake a dOT,;n payment on a
replacement SIte (In accordance ~Ith section 614); or
(3) If he elects to rent a replacerrent mobIle hone and SIte,
the arrount requIred to do so in accordance with SectIon
614. In calculatIng thIS paynent, the average nonthly
rental shall equal the economlC rent for the mobile home
plus the actual rent for the SIte.
f. Similar prInCIples shall be applIed to other possible
combInatIons of o'i..TnershIp and tenancy upon \\hlCh a clalm for
payment mIght be based.
G. [Sec. 627] ProratIon of Paynents
For the purpose of calculating an alternate paynent under
SectIon 603, or a replacement housing paynent under SectIon 604 or
614, t\vO or more IndIviduals (Hhether they are nembers of one
famIly or not) 11vIng together ln, and dlsplaced from, a slngle
dwelling shall be regarded as one displaced resident. If two or
more such indivIduals subml t more than one clalm, an eligible
claImant for a paynent may be paid only hIS reasonable pro rata
share (as determlned by the city) of the total paynent appllcable
to a SIngle dIsplaced reSIdent. The total of the payments made to
all such claimants mOVIng from the dNelling unit shall not exceed
the total payment allmled to be made to a single dIsplaced
resldent.
Where a tenant IS sharIng a single-famIly dwelling WIth an
owner-occupant, the tenant shall not be entl tIed to more than
one-half of the replacenent housing payment otherwise payable. The
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owner-occupant shall not be requlred to share the payment to WhlCh
he is entitled or to accept a prorated anount.
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VII. [Sec. 700] RELOCATIO~ PAYMENTS TO DISPLACED BUSINESSES
A. [Sec. 701] Payments Required
The city shall compensate the owner of a displaced bUSlness
for the expenses descrlbed in Sectlon 702 and 703 or 706 and 708
and in Sectlon 713. Khenever the acquls1tlon of real property used
for a business causes the buslness to move from other real property
upon which the same business lS conducted, or to move its personal
property therefrom, such business shall recelve payments for moving
and related expenses under Section 702 and 703 in connection with
lts nove from such other real property.
B. [See. 702] Movlng Expenses
1. [Sec. 703] Actual Reasonable ~ovinq Expenses
A dlsplaced bUSlness shall be c07lpensated for the actual
reasonable expenses incurred for i,oving the bUSlness including
movlng personal property. In all cases the anount of payment shall
not exceed the reasonable cost of accompl1sh1ng the actlvlty in
connection ,11th ,;hlCh a cIa 11"', has been flIed.
The movlng and relate:! expenses for \;hlCh claims may be filed
shall include:
a. Transportatlon of persons and property not to exceed a
dlstance of flfty (50) i.lles from the slte from WhlCh the
business \laS dlsplaced, except \lhere the City deterr'1lnes that
relocatlon beyond such dlstance of fifty (50) lilIes is
]ustif1edi
b. Packing, cratlng, unpacklng, and uncrat1ng personal propertYi
C. Such storage of personal property for a perlod generally not
to exceed t~elve (12) ~onths, as determ1ned by the Clty to be
necessary ln connect1on ~lth relocatlon;
d. Insurance of personal property wh1le 1n storage or trans1ti
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) 1n the process of Moving,
where insurance cover1ng such loss, theft, or daMage lS not
reasonably avallablei
f. The cost of d1sconnectlng, d1smantllng, removing,
reassembl1ng, reconnect1ng and reinstalllng r.mchinery,
equlpment, or other personal property (lnclud1ng goods and
lnventory kept for sale) not acquired by the city, includlng
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connection charges l~posed by publIC utilItIes for starting
utillty service;
g. At sole dIscretIon of the Cl ty, the cost of any addl tlonl
lmprovement, alteratIon or other phYSIcal change in or to any
structure or Its premises in connectlon with the reassembling,
reconnectlon, or relnstallatlon of ~achinery, equIp~ent, or
other personal property; the cost of any addi tion,
Improvement, alteratIon or other physical change otherwise
reqUIred to render such structure, prenises, or equipment
sUItable for the bUSIness use; the cost of any addition,
i~provement, alteratIon or other physlcal change necessary to
bring such structure or premises Into compliance WIth
applicable bUIldlng and safety codes; the cost of modifYIng
the machInery, eqUIpment, or other personal property to adapt
it to the replacement location or to utIlltles available at
the replacement location or the cost of Modlfying the power
supply; claIms for reInbursenent of all such costs shall be
subJect to the folloT,;ing lini tatlons:
(1) The cost shall be directly related to displacement;
(2) Relmbursable costs shall be reasonable in amount;
(3) The cost shall be found by the CIty to be reqUIred by law
or ordInance or to be othennse necessary to the
reestabllsh~ent of the dIsplaced bUSIness;
(4) The cost could not be aVOIded or substantIally reduced at
an alternate avaIlable and sUItable site to ~hlCh the
bUSIness '.ias referred;
(5) The city shall deduct, on the baSIS of a reasonable
estinate, the amount, If any, realized by the dlsplaced
bUSIness concern as conpensatlon for comparable
additIons, Improvenents, alterations or other phYSIcal
changes to the structure and premIses acqUIred, as part
of the payment made fo~ the acqulsition of such structure
and prerises;
(6)
Such paYl'1ents as are SUbJect
li~ltations establIshed by
adnlnistration of such benefIts.
to the conditions
the Clty for
and
the
h. The cost of any license, permltl or certification required by
a displaced business concern to the extent such cost is
necessary to the reestabllshnent of Its operatIon at a new
location;
1. The reasonable cost of consultants includIng: architects,
engIneers, or others prOVIding general or speCIalIzed serVIces
necessary for (1) plannIng the nove of the personal property,
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or (ii) mov1ng the personal property, or (111) install1ng the
relocated personal property at the replacement location. For
purposes of th1S paragraph, and ln order to avold duplication
of payment, all such serV1ces shall not be deemed "necessary"
when the serV1ces have been or w1ll be provided by the city or
consultants reta1ned by the C1ty. The necesslty of other
services not prov1ded by the city shall be determined by the
city. Pay~ent for all of the above necessary services must be
approved ln ~r1ting by the C1ty prior to their use.
Infornatlon on the area of expertlse and the qualifications of
such persons must be provlded for review and a reasonable
hourly rate or fee nust be approved by the C1ty before any
costs are 1ncurred, other~ise such services are not
re1~bursable. An ltemized statenent of all serV1ces shall be
prov1ded to the city stat1ng the dates of such servlcesi the
locat1on where services \;ere prov1ded; and the nane, address
and telephone of person or f1r~ provlding serV1ces.
j. Where an item of personal property Wh1Ch is used in connect1on
wlth any business 1S not noved but is replaced w1th a
conparable 1tem, relMburserent ln an an aunt not to exceed the
lesser of:
(1) The reasonable replacenent cost of the personal property,
M1nus net proceeds (if any) realized from the sale of all
or part of the property,
(2) The est1-:1ated reasonable cost of nov1ng the personal
property, as determ1ned by the C1ty.
In order to obtaln a payr,ent under th1S paragraph, the
d1splaced buslness shall nake a bona flde effort to sell the
personal property for \;h1Ch the paynent 1S cla1med at the
highest pr1ce offered after reasonable efforts have been made
over a reasonable per10d of t1me to 1nterest prospectlve
purchasers. The d1splaced business shall be
reimbursed for the reasonable costs of such effort to sell the
tang1ble personal property.
k. The reasonable cost of advertis1ng the ~ove, and of obtalning
replacement business cards, stat1onery, and bUS1ness forms
customar1ly kept by conparable business enterpr1ses.
1. Where, 1n the Judgment of the Clty, the cost of moving any
1tem of personal property of ION value and hlgh bulk which is
used 1n connectlon vllth any business \vould be disproportionate
1n relat10n to 1ts value, the allowable relmbursement for the
expense of nov1ng such property shall not exceed the
difference betueen the cost of replac1ng the sane Wl th a
co~parable iten available on the market and the a~ount WhlCh
would have been received for such property on liquidation.
Th1S prOV1S10n r.ay 1n appropr1ate sltuations be appl1ed to
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claims involvlng the novlng of Junk yards, stockpiles, sand,
gravel, mlnerals, metals, and slmllar property.
m. A displaced business ~hlCh conducts a lawful activIty
primarily for assisting in the purchase, sale, resale,
nanufacture, processlng, or marketing of products,
conmoditles, personal property, or serVIces by the erection
and naintenance of outdoor advertlslng displays lS entltled to
payment for the reasonable cost of noving such dlsplays or
their in-place value, whichever lS lesser.
2. [Sec. 704] Actual Direct Loss of Tanqible Personal
Property
A dIsplaced business shall be co~pensated for the actual direct
loss of tanglble personal property of the dlsplaced buslness
attrIbutable to novlng or dIscontlnulng such buslness. The total
amount of the pay~ent by the CIty for such loss shall not exceed an
ar.wunt equal to the estlIPated reasonable cost of moving the
personal property, as deterPuned by the CIty. SUbJ ect to such
limitation, the actual dlrect loss of personal property for WhlCh
clalms may be flled shall be determIned by appraislng eIther:
a. The In-use value (falr r.arket value of the personal property
for contInued use at lts locatlon prIor to dlsplacenent) mlnus
net proceeds realIzed fro~ the sale of all or part of the
property; or
b. The In-use value of personal property, in the event the
property cannot be sold and IS abandoned.
The actual dIrect loss of personal property shall be conputed
and based on an appraisal obtained by el ther the Cl ty or the
displaced buslness, and approved by the other.
In order to obtain a pay~ent for the actual direct loss of
personal property! the dIsplaced busIness shall make a bona fIde
effort to sell the personal property for ~hlCh the loss IS claImed
at the hlghest price offered after reasonable efforts have been
made over a reasonable perIod of tlne to interested prospectlve
purchasers. The reasonable cost of an effort to sell the personal
property shall be added to the determInation of loss under thlS
Sectlon.
In the event personal property WhICh is sold or abandoned is
pronptly replaced wIth a comparable Ite" , no payment for the actual
direct loss of such personal property shall be made to the
dlsplaced bUSIness by the CIty; Instead, the dIsplaced bUSlness
shall be paId the anount specifled in Section 703j.
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3. [Sec. 705] Actual Reasonable Expenses In Searchinq
for a Replacer.ent Business
Actual Reasonable Expenses Incurred in searching for a
replacement buslness SIte ,;hlch r,ay Include: transportatIon \11 thin
a radIUS of fIfty (50) TIlles from the boundarles of the CIty of
Santa MonIca, meals and lodglng lf necessary, an amount to cover
tIme spent durIng nornal ~orklng hours (based on an actual
conflrned hourly wage rate not to exceed Ten and NO/lOa Dollars
($10.00 per hour) and proven reasonable fees paid to a real estate
broker or agent to locate to a new slte. The maximum total amount
of reimbursement for searchIng expenses for a new locatlon is One
Thousand and NO/lOO ($1,000.00) ReceIpted invoices, bills,
recelpts, and a conpleted CIty SearchIng Cost Form must be
certlfied and subnltted for all expenses clalned. Costs incurred ln
lnspectlng SItes beyond a fifty (50) mile radIUS are not elIgible.
In exceptIonal cases, and WIth prIor written approval of the city
r'Ianager, an amount over the $1,000.00 !ray be authorlzed when
Clrcumstances warrant.
C. [Sec. 706] Actual Reasonable Expenses To Reestabl1sh
A Small BUSIness or Nonprofit Orqanizatlon
A small bUSIness or nonproflt organlzatlon shall be
cOTI'.pensated In an amount not to exceed $ 10,000.00, for actual
reasonable expenses necessary to reestabllsh the snaIl bUSIness or
nonprofIt organIzatIon at Its new Sl~e.
D. [Sec. 707: Alternate paynents
1. [Sec. 708] DeterMInatIon of Payments
a. [Sec. 709] A~ount of Payment
A displaced buslness which moves or dlscontinues, and WhlCh
meets the ellgibllity reqUIrements of SectIon 710, nay elect to
receive and shall be paId, In lieu of the payments for which it is
other'itlise entitled under Sectlon 702, a payr..ent equal to the
average annual net earnings of the business, except that such
paynent shall not be less than $1,000.00 or nore than $20,000.00.
said dollar llnltatlon shall apply to a SIngle business regardless
of whether it IS carrIed on under one or more legal entities.
b. [Sec. 710] Deternlnatlon of Nunber of BUSInesses
In determIning v:hether one or nore legal entities, all of
which have been acqUIred, constitute a slngle bUSIness, the
following factors among others, shall be conSIdered:
(1) The extent to \~hICh the sa;ne premIses and eqUIpment are
shared;
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(2) The extent to ,'lh1Ch substantially identical or intimately
interrelated bUS1ness funct10ns are pursued and bus1ness and
financial affa1rs are co~m1ngled;
(3) The extent to ~hlCh such entltles are held out to the public,
and to those customar1ly dealing wlth such entlties, as one
business;
(4) The extent to Uh1Ch the sane person or closely related persons
own, control, or manage the affalrs of the entities.
2. [Sec. 711) EllqIbI1Ity
a. [Sec. 712) BusIness (other than
Nonproflt Orqan1zatlon)
A dlsplaced busIness IS eligible for the paynent provlded for
1n SectIon 708 only lf the CIty determines that:
(1) The buslness cannot be relocated without a substant1al loss of
1 ts eX1st1ng patronage, based on a conslderatlon of all
pertinent C1rcurstances IncludIng such factors as the type of
bUSlness conducted, the nature of the cl1entele, the relat1ve
inportance to the displaced business of 1ts present and
proposed locatIon, and the availabIl1ty of a sUltable
relocat1on slte;
(2) The bUSIness 1S not part of a co~merc1al enterprise having
another establlSh:1ent ,;hICh 1S not being acquIred for a
proJect and WhlCh lS engaged In the same or sin1lar business.
(3) For purposes of thIS sect1on, the tern It average annual net
earnings" means one-half of any net earn1ngs of the bUSlness
before federal, state and local 1nC00e taxes dur1ng the two
taxable years inned lately precedIng the taxable year in WhlCh
the bUSIness naves from the real property be1ng acquIred.
In any case the CIty determ1nes that the two (2) year period
pr10r to displacement 1S not representat1ve of the average
recelpts, earn1ngs, or 1ncome, It kay ~ake use of a nore
representatIve period.
If a dIsplaced business does not neet any of the above
conditlons, the city may nevertheless pay 1t the $1,000.00 ffilnlffiUffi
amount, provIded that the C1 ty othennse determines that such
business 15 In fact a bona fide bUSIness.
A person uhose sole business at the d1splaceMent d'i,ojelllng 15
the rental of the property to others shall not qualify for a
payment.
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b. [Sec. 713] Nonprof It OrganIzation
In the case of a nonprofIt organlzatlon, no paynent shall be
made under SectIon 709 unless the CIty determines that:
(1) The nonprofIt organlzatlon cannot be relocated
\Jl thout a substantIal loss of Its eXIsting
patronage (the term "patronage" as used herein
includes the nembershIp, persons, comnunlty,
or clIentele served or affected by the
actl VI tIes of the non-prof I t organization);
and
(2) The nonprofit organization is not a part of an
enterprIse haVIng at least one other
establIshment not beIng acqUIred whlch is
engaged In the same or SImilar actIVIty.
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VIII. [Sec. 800] RESERVED
IX. [Sec. 900J CLAIM AND PAY~ENT PROCEDURES
A. [Sec. 901J FI1Inq of Clau\s
All claIMs for relocatIon aSSIstance and paynents filed with
the city shall be subMItted WIthin elghteen (18) months of the date
on which the claimant recelves flnal payment for the property or
the date on whlch claimant moves, whIchever 1S later. The city may
extend thIS perlod upon a proper shOWIng of good cause.
B. [Sec. 902] Documentatlon In Support of ClaIm
1. [Sec. 903: MovInq Expenses
a. [Sec. 904] Co~~erclal Moves
Except In the case of a displaced resldent or dIsplaced
bUSIness elect1ng to self move, a claIm for paynent of actual
reasonable rov1ng expenses shall be supported by a bIll or other
eVIdence of expenses lncurred.
Each claIM 1n excess of $1/000 for the costs 1ncurred by a
d1splaced bus1ness In rrov1ng the bus1ness operatIon shall be
supported by conpetltlve bIds In sucn nu~ber as are practIcal. If
the Cl ty determlnes that compl1ance ',il th the bid reqUIrement is
1mpractlcal, or If estlrates in an a~ount less than $1,000 are
obta1ned, a clalm ~ay be supported by estlnates In lIeu of bIds.
b. [Sec. 905] Self Moves
Wlthout docu~entatlon of mOVIng expenses actually Incurred, a
displaced resldent or dIsplaced bUSIness electIng to self nove may
submit a clalD for movlng expenses to the CIty in an amount not to
exceed the estIwated cost of mOVIng connerclally. The estImated
cost of movlng commerclally shall be based on the lowest
responslble bld or estImate fron at least t\iO (2) reputable moving
fIrms submltted by the clalr.ant to the Clty prlor to the move. The
estInated cost of ~ovIng commercIally shall lnclude the cost, if
any, of obtalnlng bIds or estImates.
Reasonable advertlslng costs related to the nove or the sale
of personal property 1n lleu of noving It are conpensable. Usual
advertISIng costs assocIated ~Ith operatlng the business are not
ellglble.
c.
[Sec. 906J Exemption fron PublIC Utllities
Commlsslon Requlations
Whenever the
displaced person,
Clty must pay the actual cost of moving a
the costs of such move shall be exenpt from
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regulation by the PublIC Utl1ItIes Comnlsslon. The CIty may soliclt
conpetitive bIds from qualIfIed bIdders for performance of the
work. Bids subnItted In response to such solicitations shall be
exempt from regulatIon by the PublIC utllltles Cornmlssion.
2. [Sec. 907] Loss of Property
A claIm by a dIsplaced buslness for paynent for the actual
dIrect loss of tanglble personal property pursuant to SectIon 704
shall be supported by \irltten eVIdence of loss which may Include
appralsals, certlfled prlces, bIlls of sale, receIpts, canceled
checks, copies of advertisenents, offers to sell, auctlon records,
and other records approprIate to support the clain or the city may
agree as to the value of the property left In place.
3. [Sec. 903] Proof of Earnlnqs
If a dIsplaced business elects to receIve an alternate payment
pursuant to Section 707 busIness shall provlde proof of ItS
earnIngs to the City. Proof of earnlngs may be established by
Income tax returns, flnanclal statements and accounting records or
similar eVIdence acceptable to the Clty.
C. [Sec. 909] Pav~ent of ~ovInq Expenses
1. [Sec. 910] Advance Payment
An elIgible dIsplaced resldent or displaced bUSIness may be
paId for hlS antIclpated DovIng expenses ln advance of the actual
move. The Clty shall provIde advance pay~ent ~henever later payment
would result ln flnanclal hardshlp. PartIcular consideration shall
be glven to the fInanCIal limItatlons and dIffIcultIes experlenced
by lo~ and moderate Income resldents and snaIl buslness operatlons.
2. [Sec. 911] DIrect Pay~ent
By prearrange:1ent bebleen the CIty I the displaced resldent or
displaced bUSIness, and the mover, eVIdenced In tlrltlng, the
claimant or the mover may present an unpald moving bIll to the
city, and the City may pay the mover dlrectly.
3. [Sec. 912] ~ethods Not ExcluSlve
The specIflc provIslons of these Rules and Regulatlons are not
Intended to preclude the CIty'S rellance upon other reasonable
means of effectlng a move, Includlng contracting moves and
arrangIng for asslgn~ent of movlng expense paYMents by displaced
persons.
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D. [Sec. 913J Payments for Replacement D~elllnqs
1. [Sec. 914] Pay~ent for Purchase of Conparable
ReplaceTIent Duelllngs
a. [Sec. 915] DIsbursement
When the CIty has determined the amount of the payment for
purchase of a comparable replacement dwelllng to Wh1Ch the
displaced resIdent lS entitled and has verlfIed that the displaced
resIdent occuples a cor,parable replacement duellIng, payment shall
be made to the dIsplaced resident.
b. [Sec. 916] Provisional Paynent PendIng
CondemnatIon
If the exact anount of a replacement housing payment cannot be
determIned because of a pend1ng condemnatlon SUlt, the city may
make a provlslonal replacement housing paywent to the dIsplaced
homeouner equal to the d1fference between the city's maXlnUM offer
for the property and the reasonable cost of a corrparable
replacement d-~.Telling / but only if the honeo,;ner enters into an
agreement that upon fInal adJudicatIon of the condemnation SUIt the
replacement hous1ng pay~ent will be recomputed on the baSIS of the
acquisition price determIned by the court. If the acqUIsitIon price
as deter~lned by the court is greater than the maximum offer upon
which the prOVISIonal replacement hOUSIng paynent is based, the
difference shall be refunded by the ho~eovner to the CIty. If the
acqUISItion price as determined by the court IS less than the
maxirrum offer upon T,lhlCh the provislonal replacement housing
payment 1S based, the dIfference shall be paid to the homeouner.
c. [Sec. 917] CertIflcate of Ellqibillty
Upon request by a dIsplaced homeovner or tenant who has not
yet purchased and occupled a comparable replacement dwellIng, but
who IS othervlse ellglble for a replacenent hOUSIng paynent, the
CIty shall certIfy to any interested party, financial Institution
or lendlng agency, that the displaced homeo',mer or tenant 'l"Jill be
elIgIble for the paynent of a speCIfIC sum if he purchases and
occupies a duelling WIthin the tIne lImits prescrlbed.
2. [Sec. 918] Rent DIfferentIal Payments
When the CIty has determIned the amount of the rent
differential payment to which the displaced reSIdent IS entitled
and has verIfIed that the dIsplaced reSIdent occupIes a comparable
replacement dv;elllng, payment shall be made to the displaced
resident. The payment shall be nade in a lump sum, unless the
dlsplaced reSident requests disburse~ents on another basis. If the
displaced reSIdent request such In writing, the CIty shall make
arrangements for paynent In annual or more frequent Installments.
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The CIty may pay the flrst and last nonths rent in advance, to be
credlted toward the rent dlfferentlal payment when made.
E. [Sec. 919J AssIstance and Paynents to Persons Movlnq
1,li thout NotIce
If the CIty falls to Inform any ellglble dlsplaced person of
the relocatlon paYMents and aSslstance that may be made avaIlable
by the city in a tlnely nanner, the Clty shall make every
reasonable effort to identIfy and locate such person who has moved.
Eligible dIsplaced persons uho move Vlithout offers of assistance
and benefits, after the CIty \.'as required to offer assistance and
benefits, shall be prov1ded all such aSSIstance and payments for
which they otherwIse qualIfy. When appropriate, the Clty shall also
compensate such persons for addltlonal costs lncurred as a result
of the Clty's failure to prOVIde tlmely notice and offers of
relocation assistance and benefIts.
F. [Sec. 920] Termlnatlon of RelocatIon Asslstance
The CIty'S relocatlon obllgatlons cease under the follow1ng
circumstances:
1. A dIsplaced reSIdent moves to a comparable replacement
dwelling and receives all assistance and paynents to WhICh he
is entitled;
2. The displaced reSIdent moves to substandard hOUSIng; refuses
reasonable offers of addltlonal assistance ln moving to a
decent, safe and sanltary replacement d~elllng and receIves
all payments to WhlCh he lS entItled;
3. All reasonable efforts to trace a person have failed;
4. The bU51ness concern has received all aSSIstance and paynents
to WhICh It 15 entItled and has been successfully relocated or
has ceased operations;
5. A person displaced fron hlS d~.'elling or business refuses
reasonable offers of asslstance, payments and comparable
replacement dwell1ngs.
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X. [Sec. 1000] GRIEVA~CE PROCEDCRES
Purpose: The purpose of the GrIevance Procedures 15 to attempt
to resolve disputes bebleen the claImant and the city at the lowest
possible adnInIstratlve level ',ihlle affording the claimant an
opportunity to have a full and falr review of hlS case. Therefore,
all relevant eVIdence should be presented at the lowest level of
these proceedIngs. In any case ~here such evidence could have been
presented at a louer level and the clainant failed to do so, the
CIty Manager and/or the CIty CouncIl nay refer the matter back to
the lower level for consIderatIon and determInatIon prIor to their
conslderlng such evidence.
A. [Sec. 1001J Rlqht of ReVle>:.J
Inltial DetermInatIon: Any dIsplaced person or business who is
not satisfIed wIth a deternInatlon as to eligibility, amount of
payment, and failure by the CIty to provIde comparable pernanent or
adequate temporary replacement houslng or the city's property
management practIces, or \..;ho feels that Cl ty staff is
non-responSIve or insensltlve to his needs, or not properly
applYIng appropriate regulatIons, at hIS election, may have hlS
cla1n reVIewed and reconsldered In accordance wlth the folloWIng
procedures.
A claimant shall request the city's deSIgnated representative
to provIde him with a full ~rItten explanatlon of the determinatIon
and the basis therefore, \'hICh explanatlon shall be provIded \,;ithIn
twenty one (21) days fro~ the date of receIpt of the request.
B. [Sec. 1002~ Infor,al Oral PresentatIon
city r1anager' s Rev 1 e>:.\' : If the clalmant feels that the
\lrltten explanatIon IS Incorrect or Inadequate, he may request an
informal hearing uIth the CIty Manager or the City Manager's
designee. The rIght to a formal reVIe~ and reconsideratlon shall
not be condltloned upon requestIng an Informal oral presentation.
1. To obtaIn an Informal hearing before the CIty Manager,
claimant must complete a relocation complaint form WIth the
Clty Manager vlthln (540) days fron the date he moves from the
acqulred property or receives fInal compensatIon for
dIsplacement fro" the property, \;hichever IS later.
a. ~";l thin fifteen (15) days fron the date of receipt of
clalmant's RelocatIon Complalnt form for an informal
hearlng, he viII be afforded an opportunlty to make an
oral presentatIon, or to request a wrItten review by the
CIty Manager or CIty Manager's deSIgnee of the relevant
dOCUMents and ur 1 tten mater lals subIa tted by the
clalrr:ant.
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b. The claimant may be represented by an attorney or other
person of his choosIng at the oral hearIng (at the cost
of the claimant) .
c. The city Manager shall prepare a summary of the matters
discussed and determinations made during the informal
hearIng, or Vlri tten reVIe\l, and serve a copy thereof upon
the clalmant.
d. The city Manager shall review and reconsider the initial
determInatIon of the claImant's case in light of-
All naterIal upon which the CIty based Its orIgInal
deterrnnatlon Includlng all applicable rules and
regulatIons;
The reasons glven by the claImant for requesting
reVIe'.' and reconsIderatIon of hls Clalnj
Whatever addItIonal vrltten MaterIal has been
Sub~ltted by the clal~antj and
Any further Inforwatlon \ihlCh the CIty I1anager may
In hIS discretIon, obtain by request, Investigation
or research, to insure fair and full reVIew of the
claIM.
2. The final deter~lnatIon on reVIeu by the CIty r~anager shall
Include, but is not llmlted to:
a. The CIty Hanager's deCIsion on reconSIderatIon of the
clalM;
b. The factual and legal baSIS upon UhlCh the declslon IS
based, IncludIng any pertInent explanatIon or rationale;
and
c. A stateMent of clau:ant's right to seek \llthIn (45) days
further reVIe~ of hIS claIM by the CIty Councll and an
explanatIon of the steps the claIMant must take to obtaIn
thls reVIe~.'.
3. The rIght to a fornal hearing shall not be condItIoned upon
first obtainIng an lnformal hearing by the CIty Manager.
C. [Sec. 1003J Request for Forrral Review
CIty CounCIl Revie'.l: If the claImant feels that the city
Manager's determinatIon follOWIng the Informal oral hearIng, or
wrItten reVIe\l by the city Manager IS Incorrect or Inadequate, he
may request a fornal hearIng before the CIty Council.
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To obtain a formal hearIng before the CIty CouncIl the
clainant must request In ~rltlng that the CIty Manager schedule
such a hearing. Such request shall be made withln thirty (30) days
from the date of the Clty Manager's deternlnatlon followlng the
Informal hearlng or the CIty Hanager's written revie\V'. The
claimant may include in the request to review any statement of
facts wIthln the claimant's knowledge or belief or other material
which may have a bearing on the appeal. Upon a showing of good
cause, the tIme wIthin WhICh to fIle an appeal may be extended by
the City Manager.
The City Councll shall consider every aggrieved
conplaint regardless of form, and shall, If necessary,
aSSIstance In preparing the wrItten request for review.
person's
prOVIde
l. Within forty fIve (45) days fron the date of receIpt of
claimants \Jritten request, he T,/ill be notified of the fornal
hearing date. If the clalnant requests addi tlonal tIme to
prepare naterIal for conslderatlon and shows good cause
therefore, the hearlng date shall be contInued to another
date.
2. The CIty CouncIlor Its deSIgnee shall have the authorIty to
reVlse the InItlal deterrinatlon or the determlnatlon rr.ade at
an infor~al hearIng.
3. The CIty Councll shall, at the tl~e it gIves notIce of the
formal hearlng date, notIfy the clalnant that he has the right
to be represented by an attorney or others at hIS o~n expense,
to present hIS case by oral or docunentary eVIdence; the right
to subnit oral or docu~entary eVldence; the right to submit
rebuttal eVldence; and the rIght to seek JudICIal review once
the adnlnlstratlve appeal has been exhausted.
4. The CIty councll or Its deSIgnee shall reVIew and reconsider
the inItial deter~lnatlon and/or the determInation made at an
informal hearIng taking Into conSIderatIon all materIal upon
which the challenged deternInatlon was ~ade, all applIcable
rules ar.d regulatIons, the reasons glven by the claImant for
requesting reVIeW, any additional relevant eVIdence, oral or
documentary, submltted by eIther the clalmant or the cityfs
representatlves. Any further InformatIon which the city
CouncIlor Its deslgnee, In ItS dIscretIon, obtaIns by
request, investIgatIon, or research, to Insure faIr and full
review of the claIm. No eVIdence may be relIed upon by the
CIty Counc11 or Its deSIgnee '.,There the claimant has been
Improperly denIed an opportunIty to rebut eVIdence or
cross-examlne a ,II tness.
5. The CIty CouncIlor Its deslgnee shall make Its determInatIon
WIthIn forty fIve (45) days from the date on which the fornal
hearing IS concluded or the date of receIpt of the last
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materIal submitted, \JhlChever IS later. In the case of a
finding of dlsMlssal for untInellness or for any other reason
not based on the merIts of the claIm, the deter~lnatlon shall
be issued wIthIn fourteen (14) days of the termInatIon of the
hearIng.
6. The Clty CouncIl's or its designee's determInatIon shall be
made In wrltlng and shall contaIn ItS deCISIon, the factual
and legal baSIS upon WhICh the deCISIon IS made and a
statement Infornlng the claImant of hlS rIght to seek JUdicial
reVIew of the city Council's determination.
7. The findIngs and reconnendatlons of the city Councilor
its deSIgnee shall lnclude, but shall not be llmlted to:
a. Whether the clty has conplied WIth
state law and where appllcable with
Federal law, pertaIning to
relocatlon;
b. The reco~~endatlons of the CIty
CouncIlor its deslgnee, IncludIng
any recon~endatlon for modlflcation
or reversal of the CIty Manager's or
hIS deSIgnee'S InitIal
deterr,lnation i
c. The factual and legal baSIS upon
~hlch the flndlngs and
reco~~endatlons res~, IncludIng any
pertInent explanatlon or ratIonale.
8. The fIndIngs and reco~~endatlons of the city councilor Its
deslgnee shall be naIled to the clalMant.
The clainant shall be deeTIed to have
admInIstratIve remedies upon the CIty CounCIl's
fIndIngs and reconnendatlons.
exhausted
Issuance of
his
its
D. [Sec. 1004 ] TIMe LIrnl ts
General: The CIty Manager may extend any of the tIme limits
speclfled in thIS ArtIcle upon a shm;ing of good cause.
E. [Sec. 1005J ReVIew of FlIes By Claimant
The claImant nay Inspect all flIes and records bearing upon
his claIm or the prosecutIon of the clainant's grIevance, except to
the extent the confldentlall ty of the materlal sought or the
dIsclosure thereof lS protected or prohlblted by lav. The CIty nay
Impose reasonable conditlons on such rIght to Inspect. If a
claImant IS Irr.properly denIed access to any relevant Material
61
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bearIng on the clalm, such materIal may not be relied upon in
revieWIng the InItIal deternlnatlon.
F. [Sec. 1006] Effect of DeterminatIon
DetermInatIons made by the CIty shall be applicable to all
eliglble persons In sImIlar sltuatlons regardless of whether any
such elIgIble person seeks a reVIew. All wrItten determInations
shall be fIled In the records of the City and shall be deemed
publIC records.
G. [Sec. 1007] Riqht to Counsel
Any claiMant has the rIght to be represented by an attorney
at his expense at any and all stages of the proceedIngs set forth
In this Artlcle.
H. [Sec. 1008] Further ReVIe~
If the CIty denIes the elIgIbIlIty of a claimant for a
payment, or dIsapproves the full anount claimed, or refuses to
consider the claIm on Its nerits because of untImely f1llng, or any
other ground, the Cl ty' s notlf Icatlon to the claImant of ItS
determination shall InforTI the claImant of Its reasons therefore,
and shall also Infor~ the claimant of the applIcable procedures for
obtainIng further reVIew of this deterninatIon.
These regulatIons prescrIbe the CIty'S procedures for granting
admlnlstratlve relIef to any person aggrleved by a determination as
to ellglblllty for a pay~ent authorIzed by the UnIform Relocatlon
ASSIstance and Real Property AcqUISItIon PolICIes Act of 1970 and
the State of CalIfornIa Government Code Section 7260, et. seq.,
wlth regard to the oblIgatIon of the Clty to refer such person to
an adequate replace::lent d",'elllng or to any person aggrIeved by a
determInatIon as to ellglblllty for a payment authorIzed by the
above legIslatIon to provlde the opportunlty for hIS applicatlon to
be revle~:ed by the approprIate department responSIble for
admlnlsterlng such pay~ents.
I. [Sec. 1009J SeverabIlIty
Severablllty: If any prOVISIon of these rules and regulations
or the applIcatIon thereof to any person or CIrcumstances IS held
invalid, such invalIdIty shall not affect other provisions or
applications of thls la\v' \lhich can be gIven effect Wl thout the
invalid prOV1SIon or applIcatIon, and to thIS end the provisions of
this law are severable.
J. [Sec. 1010J ApplicatIon of Rules & Requlations
ApplIcatIon of Rules: These rules and regulatlons shall be
applIcable on or after theIr effectIve date of adoptIon of the
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City.
K. [Sec. 1011] Amendnents
Amendments: The CIty reserves the right to anend these
rules, regulatlons, procedures, and polIcIes.
L. [Sec. 1012] Joint Conplalnants
Where more than one person IS aggrieved by the faIlure of the
city to refer them to comparable pernanent or adequate temporary
replacement housing the complainants nay JOIn ln flllng a single
written request for reVlev. A determination shall be made as herein
prOVIded for each of the complaInants.
M. [Sec. 1013] RecoF~endatlons by Thlrd Party
Upon agreement bet',leen the claImant and the CIty, a nutually
acceptable thIrd party or partIes may reVIew the claIm and make
advisory recow~endations thereon to the CIty for its final
determinatlon. In reVle\llng the claim and makIng recomnendatlons
to the city, the thIrd party or partles shall be gUIded by these
Rules and RegulatIons.
N. [Sec. 1014} Judlclal Rev le~;
l':othing in these Rules and Regulations shall in any way
preclude or lImIt a claimant fro~ seeking JudIcial reVIew of hIS
claIm upon exhaustIon of such adY.'lnIstratlve renedles as are
avaIlable.
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XI. [Sec. 1100J ACQUISITION PROCEDCRES
A. [Sec. 1101J Acqulsltlon of Property by Neqotlatlon
The CIty shall make every reasonable effort to acquire
property by negotIatIon and to do so expeditIously. In order to do
so the City shall, to the greatest extent practlcable, be gUlded In
its property acqulsl tlon practIces by the provisIons of this
Sectlon 1100. PrOVIded however, that the provisions of sections
1102, 1103, 1106 and 1108 shall not apply to the acquIsItlon of any
easement, rlght-of-\iay, covenant, or non-possessor lnterest in real
property to be acquIred for the construction, reconstruction,
alteratIon, enlargenent, maIntenance, renewal, repair, or
replacement of subsurface sewers, water lInes or appurtenances,
drains, septic tanks, or storm uater draIns.
B. [Sec. 1102J Appraisal of Property
Before negotIations are InItlated to acqUIre property, the
City shall have the property appraIsed, givlng the owner or his
deSIgnated representatIve an opportunIty, by reasonable advance
wrItten notIce, to acco~pany the appralser during the Inspection of
the property.
C. [Sec. 1103J NotIce of Decision to Appralse
1. [Sec. 1104] Contents of Notlce
The CIty shall prOVIde the O\lner ',nth T,Jrltten 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 mlnlnu~, that:
a. A speclflc area IS belng conSIdered for a partIcular publlC
use;
b. The owner's property lS located wlthln the area;
c. The o\,mer's property, uhich shall be generally descrlbed, may
be acquired In connectIon ~Ith the publIC use;
d. The status of the CIty's decision on uhether or not to
acquire the property, lncluding a stater.lent that no
determInatIon has been made by the City to acqUIre the
property, If such be the case; and,
e. A statement that the o',mer or hIS representatIve (deslgnated
In wrIting) shall be gIven the opportunity to acconpany each
appraIser during his lnspectlon of the property.
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2. [Sec. 1105J InformatIon statement: Property
AcqUIsItIon Procedures
At the tlme the CIty notlf les an o.mer of 1 ts decision to
appraise real property it shall furnIsh the owner wIth a wrItten
explanation of its land acquISItIon procedures, describlng in
non-technical, understandable terms the City's acquisition
procedures and the princIpal rights and optIons available to the
owner. Such statement shall lnfor~ the ouner of the property that
If the CIty deCIdes to acqull:"e the subJ ect property certaIn
prescrlbed land acquISItIon procedures vlll be followed and the
statement shall include the follo~lng explanatIons:
a. A descrIptIon of the baSIC obJectIve of the city's land
acquisition program and a reference to the availabIlIty of the
Clty'S statement coverIng relocatIon benefIts for which an
owner occupant may be ellglble;
b. A stateITent that, If the acqUIsitIon of any part of the real
property ~!Ould leave the o',;ner ,;lth an uneconornc rermant, the
CI ty 'ill11 offer to acqUIre the uneconomIC re:nnant, if the
OT,,"ner so deSIres;
C. A staterent that, If the m;ner of real property IS also the
oT"rner of a bUSIness conducted on the real property to be
acquired, or on the reMalpder, he has a possible rIght to
corpensatlon for loss of gOOdUIII. The CIty shall Include a
copy of the pertInent provlslons of the EmInent Domain Law
(Code of CIVIl Procedure, Sectlon 1263.510 et. seq.);
d. A statenent that, If the aT.mer IS not satisfIed 'i.n th the
CIty'S offer of Just co~pensatlon he WIll be given a
reasonable opportuni ty to present relevant mater lal, ..,rhich the
CIty ~Ill carefully conSIder, and that If a voluntary
agreenent cannot be reached the CIty, as soon as posslble,
WIll eIther hold a hearIng In connectlon WIth the ~atter of a
resolutIon of neceSSIty or gIve a notlce that It does not
Intend, at thIS tlne, to proceed '"lth any acqulsltion of the
property.
e. A state~ent that, constructIon or development of a project
shall be scheduled that, to the greatest extent practicable,
no person lawfully OccupYIng real property shall be requlred
to move froQ a d~elllng (assunIng a cOMparable replacement
dwelling WIll be avaIlable) or to move hIS business WIthout at
least 90 days vrItten notIce from the Clty of the date by
WhICh the move IS reqUIred;
f. Subsequent to acquIsltlon or an Order of PreJudgment
PosseSSIon, a statereent that, If arrangeMents are made to rent
the property to an o.,Tner or his tenant for a short term or for
a period subJect to ter~lnatIon by the CIty on short notice,
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the rental wlll 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 dT.Jelllng shall be vlithln his flnanClal means.
O. [Sec. 1106] Establlsh~ent of Just compensation
Before negotiatlons are inltlated to acquire property, the
city shall establIsh an amount It believes to be Just compensation
for the property, WhlCh aDount shall, in no event, be less than the
CIty's approved appraIsal of the faIr narket value of the property.
The determlnatlon of just compensatlon shall be based upon
conslderation of:
1. The real property belng acqulred; and
2. Where the real property acquIred is part of a larger parcel,
the InJury or benefIt, If any, to the re~alnder.
Any decrease or Increase In the falr narket value of real
property to be acqulred prlor to the date of valuation caused by
the project for ~hlCh such property IS acquIred, or by the
lIkelIhood that the property would be acqulred for such proJect,
other than that due to phYSIcal deterIoratIon wlthln the reasonable
control of the ovner or occupant, wlll be disregarded In
determinIng the compensatlon for the property.
E. [Sec. 1107J UneconO~lC Re~na~t
Whenever a part of a parcel of property is to be acquIred by
the CIty for a public use and the renalnder, or a portion of the
renalnder, will be left In such Slze, shape or condition as to
constitute an uneconO~IC reDnant the city shall offer to acquire
the remnant if the owner so deslres. An unecononlC remnant is a
parcel of real property in ~.:hlCh the o~mer retalns an lnterest
after partlal acqulsltlon of this property and WhICh has little or
no utility or value to such o~ner.
F. [Sec. 1102] InItIatIon of NegotIatIons
1. [Sec. 1109J KrItten Offer
The CIty shall make Its flrst ~rltten offer to acqUIre the
property as soon as practlcable follo;Jlng service of the Notice of
Oeclsion to AppraIse. Such offer shall be made as soon as posslble
after the amount of Just compensatIon IS establIshed, and for the
full a~ount so established.
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2. [Sec. 1110] statement of the BaSIS of Just
CompensatIon
At the tine the CIty ~akes its offer to acquIre the property
I t shall provIde the o~mer T\~l th a v,T I tten stateMent of the basis
for determInation of Just corpensatlon. The statenent shall include
the follm.nng:
a. A general state~ent of the publIC use for WhICh the property
IS to be acquIred;
b. A suffICIently detaIled descrIptIon of the locatIon, and
extent of, and lnterest In, the property to be considered at
a hearing on a resolutlon of necessity, WhICh IS requIred
prior to InstItuting any condemnatIon action;
c. An Inventory ldentifying the bUIldings, structures, fixtures,
and other Improve~ents;
d. A reCItal of the amount of the offer and a statement that such
arrount:
(1) Is the full alTount belleved by the city to be Just
compensatIon for the property taken;
(2) Is not less than the approved appralsa 1 of the fair
market value of the property;
(3) DIsregards any decrease or Increase In the fair narket
value of the real property to be acquIred prIor to the
date of valuatIon caused by the proJect for \.'hICh the
property IS to be acqulred, or by the lIkelIhood that the
property ~ould be acquIred for such proJect, other than
that due to phYSIcal deterIoratIon ~lthIn the reasonable
control of the o~ner or occupant;
(4) Does not reflect any conSIderation of or allowance for
any relocation assistance and paynents or other benefits
WhICh the o~ner IS entItled to receive under an agreement
\on th the CIty;
(5) Does not reflect any conSIderation for loss of goodwill
for whlch the mmer may claIm payment under procedures
set forth in the city's Relocation Rules and Regulations
For Inplenentatlon of the Callfornla Relocation
Assistance La:; and Property AcqUISItIon Procedures. The
CIty shall Include a copy of the pertinent prOVIsions of
the E;.nnent DomaIn LaT,.r (Code of CIVIl procedure, SectIon
1263.510 et. seq.) and these Rules and Regulations.
e. A stateoent that, If the real property to be acqulred IS owner
occupled reSIdentIal property and contalns no more than four
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residential unl ts, the hO:-leo~mer shall, upon request to the
City, be allm:ed to revie,,' 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 apportionment of the total
estimated Just conpensatlon for the partial acquIsItIon
between the value of the property being taken and the amount
of damage, If any, to the reralnder of the larger parcel from
WhICh such property IS taken.
G. [Sec. 1111] Loss of Good'.'lll
Nothing in thIS Sectlon 1100 shall be construed to deprive a
tenant of the right to obtaIn pay~ent for hIS property interest as
otherwise provIded by la\!.
As soon as practIcable after the lnltiatlon of negotlatlons
the Cl ty shall provIde \'lrl tten notificatIon to the ov;ner of a
business conducted on the real property to be acquired or on the
remainder, ,,'ho IS not also the m.....ner of the real property,
concernlng hIS possible right to conpensation for loss of gOOdWIll.
The city shall Include a copy of the pertInent provisions of the
Emlnent Do~aln La~: (Code of CIVIl Procedure I SectIon 1263.510) and
these Rules & Regulatlons.
H. [Sec. 1112] Co~pensatlon for Loss of GOOd.llll
Notwlthstandlng any other prOVIsIons of Section 1100 to the
contrary, the procedure for deterTIlnlng and offerlng compensation
for loss of good'.all In connection \11 th the CIty'S acquIsi tlon of
any property shall be governed by Sectlons 1113 through 1119.
1. [Sec. 1113] Co~pensation Generally
l'iTI th respect to the o~;ner of a bUSIness conducted on property
acquIred by the Clty, or on the remalnder If such property IS part
of a larger parcel, the anount of Just compensatIon to be paId by
the Clty may Include conSIderation of loss of gOOdW1Il, to the
extent requIred by law and these Rules and Regulatlons.
within the meanIng of this Section 1112, "goodvnllll conSIsts
of the benefits that accrue to a bUSIness as a result of its
locatlon, reputatIon for dependabillty, Sklll or quallty, and any
other Clrcumstances resul tlng In probable retentlon of old or
acquisition of new patronage.
In order to be entltled to compensatIon on loss of goodwill
such miner of a bUSIness shall flrst have proved all of the
follo'V'llng:
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a. The loss IS caused by the acqulsltlon of the property or the
Injury to the re~ainderi
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 ~n preserVIng
the goodwill;
c. CompensatIon for the loss wIll not be included in payments
under SectIon 700 of these Rules and Regulations;
d. Conpensation for the loss vnll not be dupllcated in the
conpensation otherNlse paId to the owner.
2. [Sec. 1114J NotIce of Intent to ClaIM Loss of
GOOd~llll
PrIor to a buslness completIng Its relocatlon from property
acquired by the Clty, or prIor to the date such bUSIness
dIscontInues, the o~ner of such bUSIness nust notIfy the city that
It Intends to provIde satisfactory docur.1entation of I tens a.
through d. In SectIon 1113.
3. :Sec. 1115] Conference to DlSCUSS Eliqlblllty to
Receive Conpensatlon for Loss of
Good",: III
Upon receIpt of the notlce requlred by Section 1114, the city
Manager 0 f the CIty or des i gnee sha II conf er \H th the c 1 a imant
regardIng the Issues set forth In SectIon 1113. Based upon review
and consideratIon of Infornatlon presented at said conference, the
CIty Manager ~Ill make a recorrendatlon to the CIty as to whether
or not a goOd','-lll appralsal should be made.
The reco~~endatlon of the CIty ~anager shall be communicated
to the CIty; If the CIty concurs In the recommendation, the city
shall authorize a gOOd~llll appraisal, provided that It shall be for
the purposes of negotlatlon and shall not be bInding upon the city.
In the event that the Clty does authorIze an appraisal of goodwill,
notIce of thls decIslon to appraIse shall be gIven to the business
m....ner / c la lrnant .
4. [Sec. 1116] BUSIness Records; AuthorIzation to
Neqotlate
If the determination to appraIse loss of goodwlll IS made as
provlded In SectIon 1115 the owner of the bUSIness shall provIde to
the City such business records as the CIty nay require, InclUdIng,
but not Il~lted to federal and state lncone tax returns, finanCIal
stateMents and accounting records, for confIdentIal use for the
purpose of appraising the loss of goodwIll of the bUSIness. The
CIty shall thereafter authorIze negotIatIons Wl th the bUSIness
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owner/claImant regardlng the claIn for lost gOOdWIll shall be not
less than the amount of the CIty'S approved appraIsal of the loss
of gOOdWIll of the busIness.
5. [Sec. 1117] CalculatIon of Net Amount of Just
Co~pensatlon for Loss of Goodwill for
~eqotiatlon purposes
The CIty shall calculate the amount It belIeves to be the net
amount of Just compensatIon for loss of gOOd\VIII to which the
business is entItled, consIderIng:
a. The aMount the CIty believes for negotiating purposes to be
the total anount of loss of gOOdWIll of the business; and
b. Any conpensatlon for loss of gOOdWIll the city determines IS
Included In payrrents made or to be made under Sectlon 700 of
these Rules and RegulatIons.
6. [Sec. 1118] Kotlce to O~;neri l'{rltten Offer
As soon as pOSSIble after the net aMount of Just compensatIon
(If any) for loss of gOOd~llll has been calculated, the CIty shall
Fake lts \,Tltten offer to the buslness o.,:ner/clalmant to conpensate
the clalrant In such arrount.
7. [Sec. 1119J Emlnent D07aIn
NotWIthstandIng any other provlslon of section 1112 to the
contrary, In the event an emInent donaln proceedlng is brought by
the City to acqUIre any property, the o~ner of any bUSIness thereon
shall seek conpensatlon for loss of gOOdWIll In connection with
such proceedIng, and the faIlure to do so shall constltute a walver
of COMpensatIon for loss of good~ill.
I. [Sec. 1120] Neqotlatlons; Eninent DomaIn
Prior to the commence~ent of an eninent domaIn proceeding to
acqUIre real property:
1. The CIty shall ~ake reasonable efforts to dISCUSS with the
owner lts offer to purchase the owner's real property;
2. The owner shall be gIven reasonable opportunIty to present
naterial 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 CIty shall carefully
conSIder the 0',1ner' s presentatIon;
3. If the eVIdence presented by an o~ner or a materIal change in
the character or condItIon of the property IndIcates the need
for a ne'.: appraisal or If a SIgnifIcant delay has occurred
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SInce the deterMlnatlon of Just compensation, the Clty shall
have ltS appraIsal updated;
4. If a modlflcatlon In the CIty's determlnatlon of just
cOMpensation IS varranted, an approprIate price adjustment
shall be r1ade and the neT,'; account determined to be Just
compensation shall be prorptly offered in wrltlng to the
owner.
In no event shall the CIty elther advance the ti~e of
condemnation, or defer negotIatIons or condemnatlon and the deposit
of funds in court for the use of the Ovlner, or take any other
action coerCIve or mlsleadlng In nature, in order to compel or
1nduce an agreer1ent on the prIce to be paId for the property.
If any Interest In property IS to be acquired by exercise of
the pO\'ler of e::nnent dOyaln I the Cl ty shall proMptly InstItute
formal conde~natlon proceedIngs. The CIty shall not intentlonally
J:lake It necessary for an O\lner to lnstitute legal proceedings to
prove the fact of the taklng of hIS property.
J. [Sec. 1121: Notice of DeCISIon Not to Acquire
\';henever the CIty has for,iarded a Notlce of Intent to
Displace, a ~otlce of DeCISIon to AppraIse, or has made a flrm
offer and subsequently the CIty deCIdes not to acqUIre the
property, the CIty shall serve a notIce In writing on the owner,
all persons OccupYIng the property and all other persons
potentIally elIgIble for relocatIon payments and asslstance. The
notIce shall state that the CIty has decided not to acqulre the
property. It shall be served not later than ten (10) days following
the date of the CIty deCISIon not to acqulre. Upon recelpt of such
notIce any person shall be dee~ed no~ to be a displaced person.
K. [Sec. 1122] Incidental Expenses
If the real property 15 acqulred by purchase, the CIty shall
relnburse the owner, for all reasonable expenses the owner
necessarIly incurred Incidental to the conveyance of such property
to the CIty. Among the expenses requlrlng paynent are the
f 0 llm'ling :
1. RecordIng fees, transfer taxes and siMilar expenses incidental
to conveYIng the real property;
2. The pro rata portlon 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
CIty, or the effectlve date of possessIon of such property by
the City, whIchever is earller.
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The City shall Inform the o~ner that he may apply for a rebate
of the pro rata portIon of any real property taxes paid, WhICh are
allocable to the perIod subsequent to the date of transfer of the
property to the CIty.
L. [Sec. 1123] Purchase PrIce as Public Information
The purchase prIce and other consIderatIon paid by the City
for real property IS publIC informatIon and shall be made available
upon request.
M. [Sec. 1124J SerVIce of NotIce
Service of all notlces requIred by thIs Section 1100 shall be
nade eIther by first class ~al1 or by personal service upon the
person notIfIed.
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XII. [Sec. 1200] PROPERTY HAt,AGHIEl'U PRACTICES
A. [Sec. 1201] Short Term Rental
If the CIty permIts an o',mer or tenant to occupy the acquired
real property on a rental baSIS for a short term or for a perIod
SUbJect to ternInatlon by the CIty on short notlce, the amount of
rent requIred shall not exceed the lesser of the fair rental value
to a short term occupIer or a pro rata portlon of the fair rental
value for a typIcal rental perlod. If the owner or tenant IS an
occupant of a dwellingl the rental for the dwelling shall be within
his financlal means.
B. [Sec. 1202J Kotlce to Vacate
The constructlon or developnent of a proJect shall be so
scheduled that, to the greatest extent practIcable, no eligible
person OccupYIng real property shall be requIred to nove frOM a
dwellIng, or to ~ove hIS buslness, wlthout at least nlnety (90)
days ,~Tri tten notice fro:i1 the city of the date by FhlCh such move IS
requIred. 'The CIty shall notIfy each lndlvldual tenant to be
displaced as -;.;ell as each o'.lner-occupant.
C. [Sec. 12 03 ~ Evictlon
EVlction nay be undertaken for one or more of the follmnng
reasons:
1. FaIlure to pay rent except ;,..'here the faIlure to pay IS the
result of harassment or retallatory actIon or IS the result of
dIscontInuatIon or substantIal InterruptIon of services;
2. ReMaining In posseSSIon after expIratIon or terminatlon of the
term;
3. Performance of a dangerous or Illegal act on the property;
4. Materlal breach of the rental agree~ent and failure to correct
such breach ,:1 thIn thlrty (30) days of notice;
5. MaIntenance of a nUIsance and faIlure to abate ,."i thin a
reasonable tIme follo~lng notlcei
6. Refusal to accept one of a reasonable number of offers of
replacerent dwellIngs;
7. The eVIction IS requlred by state or local law and cannot be
prevented by reasonable efforts on the part of the CIty.
8. Failure to execute a rental agree~ent ~llth the CIty.
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D. [Sec. 1204J Status of Post-Acqulsition Tenants
1. [Sec. 1205J NotIce of Status
The City shall lnform prospectIve post-acquisition tenants,
before they occupy the property, that the property has been
acquIred for a publIC use and .nll be avallable only in the interim
between acquis1tlon and development and that development for such
use may result In ternInatlon of the tenancy sooner than would
otherwise be expected.
The CIty shall also lnforn prospectlve post-acqulsltlon
tenants regardIng the prOJected date of displacement and,
perIodlcally, shall Inforn post-acqulsltlon tenants of any changes
in such date.
2. [Sec. 1206] Notlce to Vacate
A post-acquIsition tenant ~ho occuples acquIred real property
on a rental baSIS for a short term and who IS informed that the
property has been acquIred for a public use shall be glven any
notices required by law and shall be given at least thIrty (30)
days urItten notice of terMlnatlon of tenancy.
3. [Sec. 1207) Eliqibillty for Relocation Assistance
and payrrtents
Post-acquIsitIon tenants are not ellglble for relocatIon
assIstance and payments If, before OccupYIng the property, they are
Infor~ed by the CIty that the property has been acquired for a
publIC use and ,all be avaIlable only 1n the Inter1ffi bet\Jeen
acqUISItIon and development and that develop~ent for such use may
result In termlnatlon of the tenancy sooner than would otherwlse be
expected. Hhen so informed I post-acqulsl tlon tenants are not
elIgIble even though they move as a result of a wrItten order from
the City to vacate the real property.
Persons who becone post-acqulsltlon tenants after the
effectIve date of these Rules and RegulatIons vlho are not so
Inforned and Fho move as a result of a \~T I tten order fron the City
to vacate are elIgIble for relocatIon assistance and payments,
except where they are evicted in accordance WIth Sectlon 1203 of
the Rules and Regulations.
4. [Sec. 1208J Nove from Permanent Houslnq
Where the CIty, on property it mms, 1S making housing
available on a pernanent basis (I.e., not pendIng developMent), a
post-acqulsltlon tenant ~'ho ~oves as a result of a written order
from the City to vacate IS eligible for relocatlon assistance and
payments If the order to vacate is related to a plan to demolIsh or
rehabllltate such d~elllng unlts. A post-acqUIsItIon tenant who IS
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required to move as a result of the sale of such dwellIng units to
a prIvate person for demolItIon or rehabllltation is ellglble
wIthout need for a ~rltten order to vacate from the CIty.
5. [Sec. 1209] Hardship Cases
Khen the dIsplacement of a post-acqulsltion tenant causes a
hardship for the person because of a critical hOUSIng shortage,
age, handicap, infirmitYI lack of flnancial means or other
Clrcunstances I the city may provide relocation assistance and
payments.
6. [Sec. 1210J Service of Notice
SerVlce of all notIces reqUIred by thIS SectIon 1200 shall be
made either by fIrst class mall or by personal service upon the
person to be notIfIed.
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Adopted and approved thlS 29th day of June I 1993.
.~) 4; b
1 Mayor
I hereby certify that the foregolng Resolution No 8615(CCS)
was duly adopted by the Clty Councl1 of the Clty of Santa Monica
at a meetlng thereof held on June 29 I 1993 by the followlng
CounCl1 vote.
Ayes: Councllmembers: Abdo, Genser, Greenberg,
Holbrook, Olsen, Rosenstelil,
Vazquez
Noes: Councilmembers: None
Abstaln" Councllmembers: None
Absent Councilmembers: None
ATTEST
/ /'
./ /r'~
'-~ /'
~ t.d-u~ r l/7
Clty Clerk (