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SR-901-000-01 (2) . . ft?/- OtJO-tJ/ 0--€ IJ6 2 2 1989 Monica, California . C/ED:EDD:PC:JPM: Council Meeting: August 22, 1989 Santa TO: The Mayor and City Council FROM: City staff SUBJECT: Resolution Adopting Commercial Relocation Guidelines for Entities Being Displaced by Acquisition of Real Property 'INTRODUCTION This staff report requests City Council adoption of a resolution approving a relocation assistance program for non-residential entities being displaced by acquisition of property by the city. BACKGROUND When a pUblic agency acquires property and desires to relocate established tenants occupying and/or leasing space within a subject property it is required to disburse relocation benefits in accordance with prevailing law. Specifically, state of California Government Code Section 7267.8 requires all public agencies to adopt rules and regulations pertaining to the administration of relocation assistance, benefits and payments. Residential tenant relocation assistance guidelines were adopted by city Council on June 24, 1986, however, the city has not taken similar action pertaining to non-residential entities being displaced by acquisition of real property. - 1 - . . DISCUSSION The proposed Rules and Regulations for Implementation of Relocation Assistance for non-residential entities was prepared for the city by Pacific Relocation Consultants, a member of the state Department of Housing and Community Development's Advisory Task Force for Relocation Guidelines. Pacific Relocation Consultants has been retained by the City to implement the relocation Rules and Regulations following City Council approval of the attached resolution. The Rules and Regulations for commercial tenants are designed to carry out the following: 1. To ensure that uniform, fair and equitable treatment is afforded persons displaced from businesses as a result of the actions of the City in order that such persons shall not suffer disproportionate injury as a result of action taken for the benefit of the pUblic as a whole: and 2. In the acquisition of real property by the City, to ensure consistent and fair treatment for owners of real property to be acquired, to encourage and expedi te acquisi tion by agreement with owners of such property in order to avoid litigation and relieve congestion in courts, and to promote confidence in public land acquisition. - 2 - . . The City is required by these rules and regulations to provide advisory and referral services which include the following: Determination of Relocation Needs Replacement site Referrals Assistance in Filing and Securing Benefits Most non-residential entities displaced by the acquisition of real property by the City are usually deemed eligible for relocation assistance. Ineligible commercial tenants would include: (1) Any person who, at the time of the city1s acquisition of the real property, was not a tenant or occupant in lawful possession of the real property, and whose right of possession at the time of moving arose after the date of the Agencyls acquisition of the real property and with knowledge of such acquisition; or (2) unless federal law or regulations require such a tenant to be considered a displaced person, any non-residential tenant or occupant who moves as a result of his breach of his tenancy agreement. Eligible applicants receive the aforementioned relocation assistance and are anti tled to monetary compensation for costs associated with relocation. The components of monetary assistance are extensive and include: Parking/Unpacking Transportation storage Disconnecting/Reassembling - 3 - . . Insurance License/Permits Personal Property Loss/Replacement Actual monetary compensation is usually limited to actual and reasonable expenses. However, depending upon the individual relocation case, provisions are available for a negotiated lump sum payment based upon estimated moving expenses, or for those eligible commercial tenants electing to receive a payment in lieu of moving and related expenses, an in lieu settlement payment of up to $10,000.00. Finally, a grievance procedure for dissatisfied relocatees is established within the Rules and Regulations to offer several opportunities for disputes regarding eligibility, amount of compensation and property management issues to be heard and considered by the city RECOMMENDATION It is recommended that City council adopt the attached resolution approving Rules and Regulations for Implementation of Relocation Assistance. Prepared by: Peggy Curran, Director Community and Economic Development Linda Moxon, Deputy City Attorney City Attorney's Office Jeffrey Mathieu, Manager Economic Development Division Attachments: Resolution (displace) - 4 - . . :> RESOLUTION NO. (CCS) CITY COUNCIL SERIES A RESOLUTION OF THE CITY COUNCIL OF CITY OF SANTA MONICA ADOPTING RULES AND REGULATIONS FOR IMPLEMENTATION AND ADMINISTRATION OF RELOCATION PAYMENTS AND ASSISTANCE FOR DISPLACED BUSINESSES, NON-PROFIT ORGANIZATIONS AND OTHER NON-RESIDENTIAL ENTITIES WHEREAS, State law mandates that all public entities adopt rules and regulations for purposes of implementing payments and administering relocation assistance; WHEREAS, the city Council has adopted certain residential tenant relocation assistance rules and regulations for purposes of implementing payments and administering relocation assistance to displaced residential tenants; WHEREAS, the City of Santa Monica currently has no established rules or regulations for implementation and administration of relocation payments or assistance in connection with the city's acquisition of commercial real property; WHEREAS, a commercial business tenant may be eligible for certain relocation benefits in the event of displacement due to the City'S acquisition and use of real property occupied or leased by such commercial business tenant; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: ... 1 ... . . ,. SECTION 1. In accordance with the requirements of the California Relocation Assistance Law, (Government Code Section 7260 et. seq.), and consistent with the provisions thereof, rules and regulations pertaining to implementation and administration of relocation payments and assistance for displaced businesses, non-profit organizations and other non-residential entities are hereby adopted. SECTION 2. The City Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~~ ROBERT M. MYERS City Attorney lindar61/hpw : attachment - 2 -