SR-901-000-01 (2)
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IJ6 2 2 1989
Monica, California
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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.
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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.
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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
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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)
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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:
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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:
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ROBERT M. MYERS
City Attorney
lindar61/hpw
: attachment
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