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SR-6C (28)CA:JL:brreloc/wp/ct City Cauncil Meeting 6-29-93 ~ ~ ~: _ .~ ' ~~ ~. - .,., Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Resolution of the City Council Amending Rules and Regulations for Implementation of the California Relacation Assistance Law and Property Acquisitian Pracedures The aceompanying res~lution revises the C~ty's Rules an~l Regulations far Implementation of the California Relocation Assistance Law and Property Acquisition. The City has previously adopted rules and r~gulations as required by State law. However, since that time, there have been amendments to State la4+t. State 1aw requires the City to revise its rules and regulations when State relocation assistance law is amended. The attached Exhibit to the Resalution sets farth the City's revised Rules and Regulations which now fully compart with current State law requirements. The following is a Heading-by-Heading Analysis of the major sec~ions of the Exhibit, "Rules and Regulations for Implementation of the Caiifornia Relacation Assistance Law and Property Acquisition Proced~res:" Z ~ ii' ~ ~L;x . I. General. The purpose of the rules and regulations is to implement the California Relocatian Assistance Law, to establish acquisition procedures, and to ensure that fair treatment is given by the City to persons displaced from their homes or business as a result af the City's acquisition af property and to owners of real property ta be acquired by the City. The rules and regulations take effect immediately following adoption of the resolution and are not retroactive. II. Definitions. This heading sets forth the definitions of variaus wards and phrases used in the Rules and Regulatians. III. Relocation Advisory Assistance. The City will pravide relocation advisory assistance to any resident or business displaced by City acquisition of real property as well as to any persan occupying a praperty adjacent to the real property who is likely to be caused substantial economic injury by the City's acquisition. This assistance wi~l take the form af a general information program sponsored by the City, the pravision of wri~~en information statements to affected individuals, interviews of residents and awners to ascertain their relocation needs, the establishment of relocation site affices if necessary, and City eoordination of all relocation efforts. IV. Relocation Plans. The City is required to submit to the City Counci~, as part of any redevelopment plan for any 2 dwe~ling because the property upon which he ar she conducts business has been acquired by the City. VII. Relocation Payinents ta Displaced Businesses. Specific camputations are set farth for the amount of relocatian payments to be paid to the owners of displaced businesses. The kinds of payments made to these displaced businesses include moving expenses and reasanabl.e expenses to re-establish a small business ar non- profit corporation. ~zz~. Reserved. IX. Glaims and Payment Pracedures. Claims for relocation must be filed within 18 months of the date on which the claimant receives final payment for the property or the date on which the claimant moves, whichever is later. The documentation needed to suppart a claim and the payment procedures are set farth in detail under this heading. X. Grievance Procedures. The procedures for resolving disputes between a ciaimant and the City are set forth. A claimant may first request a full written explanation of the City's determination of his/her relocatian entitlements from a City representative. The claimant may then request an informal hearing with the City Manager, and the claimant may then request a farmal hearing before the City Council. The claimant is not precluded 4 from pursuing his ar her grievance via the judicial pracess as well. The nature of the administrative review is detailed in full. XI. Acquisition Procedures. The City will make every reasonable effart to acquire praperty by negotiation and to do so expeditiously. The procedures prior to negotiations are set forth. Prior to negatiating, the City must send out a notice of intent to appraise the property and send a written explanation af its land acquisition procedures to the owner. Then the City must establish just compensation for the praperty, which is done accarding to very specific criteria. Finally, the City will send a written natice ta acquire the property and the negotiations begin. XII. Property Manaqement Practices. The practices which the City ~nust follow when it al~ows a tenant or owner to occupy the property the City has required on a rental basis for a shart period af time are set forth. RECOMMENDATION It is respectfully recammended that the accompanying r~solution be adopted. PREPARED BY: Joseph Lawrence~ Acting City Attorney Barry A. Rosenbaum, Deputy City Attorney 5 RESOLtiTIOPd 1~0. 8 615 (CCS } CITY C~li~3CIL SERIES A RESOLUTIdN OF THE CITY COUNCIL OF THE CITY OF SANT'A :~IONICA AP~IENfl~NG RL'LES A~1D REGUE~ATIOi+S FOR I~'IFLEMENTATION OF THE CALIFORNIA RELOCATION ASSISTA~ICE LALd AND PROPERTY ACQtiISI'I'ION PROCEDL'RES idHEREAS, State law mandates that all public entities adopt rules and regulatians re~atzr~g to relocatlon assis~ance, last resort hausing and real property acquisit~on; jtiHEREAS, State lai: ~u~-thex mandates that all public entities revise these rules and regulaCions as necessary ta cflnform to any amendments to State law; WHEREAS, the Clty Counc~l has adoptec~ rt~les and regulations as required by State law and seeks to revise these ruies and regulations to canform ta State lat~ ar-,endments; :~10Ld THEREFORE, THE CITY COL;P~~C~L ~F THE CITY OF SAN'FA P,ONICA DOES RESOL~.~E AS FOLLOS~S : SECTION 1. In accordance °rrith the requ3rertents of the California Relocatian Assistance ~a~:~, (Covernment Code Section 7260 Et. seq.), and consastent -~rith the pravasions thereof, the revl.sed Ru~es and Regulations for Implementat~on of the California Relocation Assis~ance La~v and Property Acquisition Pracedures attached h~rEto as an exhibit and ~ncorporated herein by reference, are hereby adopted. SECTI~N 2. The CitY Clerk shall certify to th~ adoption of this Resalution and thenceforth and thereafter the same shall be in full ~orce and effect. APPROVED AS TO FORP~: ~ J(]~SEPH~ LAWRENCE A ting City Attorney :attachment 2 CITY OF SANTA MONICA RULES AND REGULATIONS FOR IT~iPLEP~fEPdTATION OF THE CALIFORNIA RELdCATION ASSISTANCE LAW AND PROPERTY ACQUTSITION PROCEDURES ~ ' ~ S~ncereiy, ~~u'" ~ Paul V. Berlant, Director Land Use and Transportatian Management Dept. PVB:eig ARB/Warsaw cc: City Council Planning Commission John 3alili, City Manager Kenyon ~~iebster, Planning Manager Bill Ror~e, Bu~~ding Officer Stan Scholl, General Services Director Ron Fuchiwaki, Parking & Traffic Engineer Jae Lawrence, Acting City Attorney Evening ~ut~ook Las AngeZes Times - 2 - Fram : WARSAW-POB ~S12,S.M., ~4~8 PHONE Na ' 31~ 393 2977 ~ ~WI~I ~II~' ~ ~.o. ~ox 35~2 ~ant~ Maflica, CA. 9Q4~8 ~~. {314) 393~2~77 May IB, Z993 C~ty P~~CTL I.G$S .~x~Zi l ~f ~ant~~ l~.ica, CITY H~ SE~tLANr, ~ii~~r Of lxvxd Us~ & T~;~p~~},~-t.i~i ~~. '~ ~DI7] ["r7 ~ ~',F1. ~~~~Z Main ~t~a~t D~ar l~,r. Bex'].ar~a ~~y• _9 1993 12' S7Ai1 P01 Via FA~i: (31Q) ~94-2~6~ E~C1~clospd is ar~a~hex capy a~ my le~te.~ ~a y~u, da~ Apr~l 30~h. I]a~~ yan are p~ro~bly vex~ husy, but z was x~eally disa~cain~. iti r~ ev~n ~`eveitring ~ cau~tesy te]..~pY~ne ~a21 iri resporis~ i:o ~rne ser~.c~us cona~xns i rai~, ,A93~nr T Eu11 WX`~~]17g yC~u for ~"S~o re&sonC. FiY`t~t, I W~~tt~[3 fiA kI]~bw wY1~~ ~U~' o~irt~on was nn each o~ th~ G~~~a~,exYded acla~or~ an gage ~ ot my le~t~r ar~d i~ ar,y~hin~ had 1~een c~ne rec~luYg ~ ot the it~ms i men~on~. Seoai~i, far reas~:: ~plained be~{ I~n xequ+~~tir~g a~CE of S~. JoYrn`s Hospit~l'~ Appli~ta..on be~-use I wa~ r~t c~~.ven ~~e advance nat5.~ itY order ta reasvr~l~r revicyw ~ gr~p~re ~or ~attiorraw nic~hL' ~ Pu~l~ H~~ ir~g. Esipeci~.ly ~t l~ght o~ my Apx'11 3i~t~1 l~t#~~ I~at~tw~ ~stx~rid ihlfiY zt wa~ld tak+e i2 days f inclez~ling 2~aluabZ~ w~Jt~ru~e) ~a r~~~.~y me on a~ur~d~y a~'ternvon ~hat th~ St.af~ ~port~ vxae~ld tir~a~.ly kae a~a~~ahl~ for m~r reva.ew on Mar~day--2 days b~foxe th~ Pub~ic H~aring. T.ilae m~st o~h~x's, r u~rk for a l~,w in9, having pr~ctic-usly s~heduled ~ini~nt~ and c~mittrn~n~.s far yestrerc3ay a3~d ~~Y- To d~~, I f~.uc~ rc~eiv~4 no v+2ii.~~ respanses ~ddsessitx~ ~he 3.ssu~s z have ~aised. I a~r+ appalled ax~d as~ounded by tY~.s ~ilence. 5aiuzd gr~vexr~nt manag~x]~.al prac~ic:e sUr~ly wvuld requir~ sa~r~ ]€ir~t o~ response ~, €ar exanip~e, m~r qur~s~ion.YncJ Mr* Pyn~'s dual acal~ ~s a Planning ~tss~.an~ar a~d as an ~tr- playee of t~e Applic~n~ xospx~a].. G].ear~y ~ r~s~ ~m~art.ial absexv~xs w~ul.d e~ect Ca~mi~sian~r Fyrie to ~~~,~~~tely wit~udracw f~xn paz~icipa~ian a.n this case. Con6lC~xilYy ~~ ~k bf Y~~~nse 2 Yk3V2 x'~GE1V4~d fyult eV~'yc3n~, I a[tt c~Olt'1~J ~ r~ques~ th~ Ci~y Nl~na~x ~o ir,ve~tagat~ whY rnY inquiries hav~ l~eex~ ignared. 4~un~i,ynari C~nser agxee~ there w~s much raan for smprov~~t ~n ~ marxag~nt ~f gvv~rr~nt busj.ness at th+e executi~ le~el af m~ny Ci~~ ~aaria~ents. In ~onc:Zt,~siwn, ~ am z'equcsting postpoz~~nent o~ Sp~ific P1.an Am~erit 92~001 and Zon~sfg C~iange 92~~02, ~aheduled to ba hear+d on M~.y 19, 1993, a~ 7 p.m. ?~ 1'~E FlaT1~71riq GRa1~1~1,iSS10ri~ so I 11'~y prepare fOr` a P~II~ arid. bo11a fi.C1e Puhl~~ H~aring on th.~a mat~ac. Plc~ase teZ~pl'yr~,~ m~: at ~Yye ~ave n~e~c with ora3. twotic~ af you~ d$cision as ~c~on a~ gassit~l~, as T w~.lx }~ w~rkixig in ~t~ it~dtv'~t~~n~ t~C111D~i"~7W. R~S~'D~'U~,Y Y~i ~ ~ f.~_.1 .~ ~x=e-teG Pag= -• - d ! + ~ L'.C7~'S~~~ {Gp; " ~- -- - - ].. All CxTY C7~tk~C12~ ~,Ei~. ~, All Fl~vza.ny Gc~mi~~ian m~ttl~rs 3. ~~r-y~n W~s1-.~x, Planning Llit'~c:tor 4, i3iZ1 R~ntier 13u~i.Icling &~~tety llir~r:tor ~a. ~~n Shall, piz~~t.c~r o~ Gene~al Servaces 6. I~onald FU~hiWaki~ Parkit~g &~~'.r~ff].c L~gln~er 7. John -7a].il~, Ci~y Mar~ag~x 8, .7o~ph L~.wx~er~ce, ~lctir,y Ca.t~ At~art~y J. L+~ing Outlook io. ~.A. Tix1l~~er Westsid~ eclitior~ . i~ _, II. ~Sec. 200j DEFINITIONS A. [Sec. 2~1] Acauisition "Acquisition" r:eans obtaining ownership or possession of real property by purchase, eminent domain, or any other lawfui means. B. [Sec. 2021 Adequate Replacement Dwellinc{ "Adequate replacement dT~relling" means a dwelling which meets all of the criteria for a comparable replacemen~ dwelling, except that with respect to the nuMber of rooms, habitab~e living space and type af cons~ruction the dwellinq need be only adequate, not comparable. C. [Sec. 2~3] Appraisal "P_ppraisal° means a wrltten stater~ent independently and inpartially prepared by a qualif~ed appraiser setting forth an opinion of defined value of an adequately described prope~ty as of a speczf~.c date, support~d ~y the pres~ntation and anal.ys~s o~ r~levant ~arket ~nforr~at~on. D. ~Sec. 204] Averaqe Annual Net Earninqs "Average annual net earna.ngs" means one-half of any net earnings of a~usiness before faderal, state and iocal income taxes, during the t,~o taxable years ~mmediately preced~ng the taxabie year jn frhich such bus~ness moves fro:~ the real prop~r~y being acquired, oz during such other period as the C~.ty determines ~o be riore equitable for establzshing such earn~ngs, and includes any cor.ipensation paid by the business ~o ~he o:aner, oc~ner's spous~ or o:•rner's dependents durYng such periad. The term "os~aner" as used herezn includes the sole proprie~.or in a sole proprietorship, the principal parties in a partnership, and the principal stockho~ders of a corparation, as determ~ned by ~he City. For purpcses of dete~r~~nzng a pr~ncipal stockholder, stack held by a person, his or her spouse and their dependent children will be treated as one unit. E. [Sec. 205] Averaqe rionthiy ~ncome "Average monthly inco~e" r~eans total annual gross income divided by twe3v~. F. [Sec. 2d6] Base P~ionthly Housznq Costs The base r~on~hly hausing cost for an acquired dwell~ng is the average monthly housing cost for the ttaelve r~onth per~od prior to displace~nent or such other period, not to exceed twelve r~onths, that the City deterr~,ines r~ost accurately reflects average costs 5 {plus reasonable utility charges). In case of an owner-occupant or other person who does nat pay rent, the average monthly hous~ng cost shall be an amount equal to the fair market rentai vaiue for the acquired dwelling plus reasonabie util~ty charges. G. [Sec. 207] Business "Business" means any lawful activity, except a farm operation, conducted prir,~arily: 1. For the purchas~, sale, lease, or rental of personal and real property, and for the r:ianufacture, processing, or marketing of products, commodities or any other personal propErty; 2. For the sale of services to the public; 3. By a nonprofit organization; or 4_ Salely for ~he purpose of Section 7~0 of these Rules and Regulations, for assisting in the purchase, salef resale, :~-anufacture, pracessing or Marketang of products, commodities, personal property or services by the erection and maYn~enance of any autdoor advertising display, whEther or not such dispJ.ay is Iocated ~n the prem~.ses an which any of the abovE activi~ies are conducted. H. [SeG. 208] City "City" means the City of Santa P~fonzca, a municipa~. corporation duly organized and validly exist~.ng under the Laws of the State of California and its Charter, and any ca.ty staff, consultants, assignees, delegates and City depart;nents :~ho may be ass~gned the duties and responsibilities far inpler;ent~ng the Relocation Assistance Law pursuant to these Rules and Regulations. I. [Sec. 209] Compara~le Replace*Zent ~J:ti~e~ linq "Co;;parable replacement d.•~elling" means any d:•lelling that ~s a31 of the following: 1. Decent, safe, and sanitary; 2. Adequate in size ta accommodate the occupants; 3. In the case of a displaced person who is a renters within the financial means of the displaced person. A comparable replacement dwelling is within the financial means of a displaced person if the monthly rental cost of the dwelling minus any replacement hausing payr.~ent availabl~ to the p~rson does nat excEed , t:aenty-f ive percent { 2 5 0} af the person ~ s average monthly incame; 6 4. Comparable with respec~ ~o the number of rooms, habatable space, and type and quality of construct~on. Comparability under this paragraph shall not require strict adherence ta a detailed, feature-by-feature co~parison. ti.hile a comparable rep~acement dtaelling need not possess every feature of the displacement dwelling the pr~ncipa~ features shall be present; 5. In an area not sub~ected to unreasonable adverse environmental conditions; 6. ~n a locat~on generally not less desirable than the location of the displaced person's dwelling with respect to pub~ic utilities, facilities, services, and th~ displaced person's place of emplayment; 7_ Housing available in Seetion 8 existing hous~ng programs; 8. Boats of any type or description and recreatianal vehicles - as defined in Hea~th and Safety Code Sectian 180~0.5, buses, h~use cars, trailers, trailer coaches - excluding mobile homes as def~ned ir~ Heaith and Safety Code Sec~ion 180~8 - snall not lae deemed camparable rep3acer~ent d~~re~lings. To 3~e considered, boats must Meet the Internal Revenue Service definition far a principal residence and aIl other tests herein for decent, safe and sanitary hausing. If a dT,~~elling v~hich satisfies these standards is not availab~e, the City may consider a dwel~ing whlch exceeds ther:l. "Replacenent d:aelling" as here~n defined does not refer to "replacer,lent d~aelling unit" as that term is used and defined in Sectzon 33411.2~c) of the Califaxnia Community Redevelopment Law. J. [5ec. 210] Cando:r~nzu~ "Condor~~nium" :,^,eans combination of co-ownersha.p and ot,,~nership in severalty. It is an arrange:~ent under :~-hich persons in a Y:~using development hold full t~tle to a one-family d:aelling unit, including an undiv~ded interest in com;~on areas and faciiities, and such restricted common areas and facilities as ;nay be designated. K. [Sec. 21~] Date of Acc{uisitzon The date an which the deed or other conveyance to the real property being acquired by the City is recorded in the affice af the Los Ange~es County Recorder, ar the date on wh~ch the City is entitled ta possession of the real property pursuant to an ord~r af the Los Angeles Superior Court in an eninent domain proceeding. 7 L. [Sec. 212] Decent, Safe and Sanitary Housinq 1. A d~rrelling wh~ch meets 4~ith all the follo~~aing r.tinimum requirements. Exceptions may be made by the City for unusual circur~stances or zn unique geographic areas. a. Conforms ~a~th all applicable provis~ons for ~x~.sting structures that have been constructed under state or local builciing, plum~ing, electrical, houszng and occupancy codes and similar ardinances ar regu~a'tions. b. Has a continuing and adequate supply of potable water. c. Has a kitchen or an area set aside far kitchen use which contains a sink in goad working condition connected ta hat and cold water and ~.o an ad~quate sewage system. The kitchen or kitchen area shall have utility service connectians and adeauate space for the installation of a stove and a refrigerator. d. Has an adequate heating syster~ in gaod working order wh~ch will r~aintain a minimum ter~perature of 70 degrees in all habitable rooms. e. Has a bathroom, welZ-l~t and ventilated and affording privacy to a person within it, containinq a iavatary basin and a bathtub or stall shQraer, properly connected to an adequate supply af hot and cald running water, anc~ a flush closet, all in good ~rarking arder and properly connected to a set•rage dispasal system. f. Has an aaequate and safe wiring system for lighting and other electrical services. g. Is structurally sound, ;~aeathertight, in good repair and adequately Maintained. h. Has a safe unobstructed m~ans of egress leading to sa~e open space at qround level which conforms ta building and fire codes. i. Has at least one room which shall have not iess than I50 square feet af floor area. Other hab~table rooms, except kitchens, shall have an area af not less than 70 square feet. where more than two persons occupy a roora used for sleeping purposes, ~he required floor area shall be increased at the rate of 50 square feet for each occupant in excess of twq. The floar space is to be subdivided int4 sufficient rooms to be adequate for the family. A].1 rooms must be adequately ventalated. Habitable floor space is dafined as that space used for sleeping, liv~ng, cooking, or dining purposes and excludes such enclosed 8 places as closets, pantries~ bath or toilet roams, service rooms~ connecting corrzdors, laundries and unfin~shed attics, foyers~ storage spaces, cel~ars, utility rooms and similar spaces. 2. A decent, safe and san~tary sleeping raom is one which ancludes the minimum requirements contained in paragraph a., subparagraphs (1) , ( ~ ) , ( ~ ) , ( 6 ) , ( 7 ) , and ( 8 ) above and at least 70 square feet of habitable floor space f~r the tarst occupant and 50 square f~et of habitable floor space for each additional occupant. 6dhen the term "dec~nt, safe and san~tary" is interpreted under local, state or federal law as estab~ishing a higher standard, the elements of that higher standard are incorporated herein. 3. A decent, safe, and sanitary inob~le ho~e is one which conforms to the minimum requirements prescribed by State laws and rules and regulataans pramulgated pursuant thereto and bears the insignia af approval issued by ~he State ~f California, Department of Housing and Canrnunaty Development. M. [Sec. 213j Department "~epar~ment" means the California Departr-~en~ of Housing and Community Development. N. [Sec. 21~] Displaced Business "Displaced business" r~eans any business cvhich qualif~es as a displaced person under Section 216 hereof. O. ~Sec. 215] Displaced Far~ Operatian "Displaced farm operation" :neans any far:~ operation which qualif~es as a displac~d person under Section 216 hereof. P. iSec. 216] Disp~.aced Person "Displaced Person" means both of the fol~owing: 1. Any person ti•rho moves from real property, or 4~ho maves his or her personal property from real property, either: a. As a direct result of a:aritten notice ~f in~ent to acquire or the acqu~s~tlon of th~ real property, in whole or ~n par~., for a prograr~ or pro~ect undertaken by a pubZic entity or by any person having an agreement with or acting on beha~f of a public entity. b. As a direct result of the rehabil~tatian, demolition, or other d~splacing activity as ~he publ~c entity may prescribe under a progra:-~ ar pro~ect undertaken by a 9 publ~c entity, af real property on wh~ch the person is a residential tenant or conducts a business or farm ~peration, in any case in ~tihich the public entity determines that the displacement is permanent. 2. Sole~y for purposes of Sectians 300~ 400, 600 and 740, any person who maves from real property, or moves his or her persanal property fron r~a~ property, either: a. As a direct result of a wr~tten notice of intent to acquire or the acquis~tion of other real property, in whole or in par~., on which the persan conducts a business ar farm operation, for a program or project undertaken by a public entzty, b. As a direct r~sul~ ot the rehabilitatian, demalition, ar other da.splacing activity as the public entity may prescribe under a program or nro~ect undertaken by a pubiac entity, of other real property onTNhich th~ person conducts a business or farm operation, in any case in which the public entity determines the d~splacement is permar~ent. This def~n~t~.on shall be canstrued sa that p~rsans displaced as a result af public action rec~zv~ relocation benefits in cases where they are displaced as a result af an agreenent wzth the City, including, but not l~.mited to an o*finer part~cipation agreer~ent, a disposition and developr~ent agreement, or an exclusive righ~. to negatiate agreer~ent, for or in connection c;rith a public use, ~ti=here the pub~~c entity is otherw~sE er~powered to acquire the praperty to carry out the public use. Exc~pt persons or families of low and r~odera~e lncor.~e, as defined 1.n section 50093 of the Health and Safety Code, ~vrho are oecupants af housing which Tfras ma~e avai~ab~e to them on a per:~anent basis by a public agency and Nrho are required to move fron th~ housing, a"displaced" person shal~ n~t include any af the fallowing: l. Any person who has been determined to be in unlawful occupancy of the displacement dvlelling. 2. Any person whose right of possession at the time of moving arose after the da~.e of the public entity's acqu~s~tian of the real praperty. 3_ Any person trho has occupied ~he real property for the purpose of obtaining assistance under these guidelines. 4. In any case in which tha publ~c entaty acquires property for a program or pro7ect (other than a person ~tirho ~,ras an occupant far the prop~rty at the tir~e it was acquired), any person who 10 occupies the praperty for a per~.ad sub~ect to termination when the praperty is needed for the program or pro~ect. 5. LTnless federal law or regulations require such a tEnant to be considered a displaced person, any non-resider.tial tenant or accupan~. who moves as a result of his breach of his tenancy agreement. 6. A utility whach relocates ~ts poles, posts, wires, conduits, cables, pipes, lines and necessary fixtures and equipment located in, along, or under any public street, road or highway as the result of activities in the iMplementatian of a redevel~pment plan is not a displac~d person. Q. [Sec. 217] Disp~aced Resident "Displaced residen~" means any inc~ividual or family occupant of a dwelling who qual~fies as a displaced person under Section 2~6 hereof. R. [ Sec. 218 ] I~?Yellinq "~welling" means the place of p~rr~anent or custo~ary and usual abode of a person~ including a single-farnily build~ng, a single-family unit in a~.wo-family dwelling, Mult~.-family or multi-purpose dwelling~ a un~~. of a condomin~um or cooperative housing proaect, a non-housekeepang unzt, a mabile home or any other residential unit :ti~hich either ~s considered to be real property und~r state larr or cannot be moved *h~thout subs~antial damage or unreasonab~e cost. A r~sidence need nat be decent, safe and san~tary to be a d~r:ellzng. A secand har~e shali be considered a dwelling only far the purpose of establishing eligibility for payment for mov~.nq ana related expenses under Sec. 602 of these Rules and Regulations. S. [Sec. 2191 Ecanomic Rent "Econamic rent" means the amount of r~nt a tenant or homeowner would have ~o pay for a dwelling sir~i~ar to ~he acquirEd dwell~ng zn a comparable area. T. [SeC. 22fl] Eidezly Household "Elderly household~~ means a hQUSehold in which the head af household or spouse is sixty-two (62) years of age or alder. L'. [Sec. 221] Fami~y "Family'r means two or rror~ individuals ~ one of Nhom is the head of househflld, plus all other indzv~duals regardless af blaod 11 or legal ties ti•rho ? ive fJith and are considered a part af the family unit. V. [Sec. 222' Farm Operation "Farm operation" means any actzvity conducted solely or primarily for the production of one or more agricultural products or commodzties, including tir~ber, for sale or home use and customarily producinc~ such produc~s or commodities in sufficient quan~~ty to be capable of contributing materially to the aperator's support. W. ~Sec. 223] FederaZ Pro~ect "Federal project" means any direct federal project or any pro~ect receiving fed~ral financial assistance. X. [Sec. 22~] Gross Inco~e "Gross incor~e" means the total annuaJ. i.ncome af an individual~ or where a farlily }s displaced, total annual inco:~e of the parents or adu~t heads of househald, less the fol~owing: 1. A deduction of $500.~o for each dependent in excess of three. 2. A deductian of ten percent (l00) of tota~ ~.ncame for an elder~y ar handicapped household. 3. A deduction for recurring~ extraordinary m~dical expenses, defined for this purpose to nean medical expenses in excess of three percent (3%) of total income, tiahere not cor.~pensated for or covered b~~ a.nsurance or o~.her sources, such as public assistance or tor~ r~co~ery. 4. A deduction of reasonable amounts paid for the care of children or sick or ~ncapac~~ated family members when deter~~ned to be necessa~y to ernployr~ent of the head or spouse, except that the anount deducted shall nat exceed ~he amount of inco:~e r~ceived by the person thus released. Y. [Sec. 225] Handicapped Household "Handicapped household" r~eans a household in which any member is handicapped or disabled. Z. [Sec. 226] Initiat~.on ot' Nec{otiatians "Initiation of negotYations" means the initial written offer to purchase made by the City to the owner of the real property to be purchased, ar to the o~~3ner's representative. 12 P.A. {Sec. 227; Last Resort Housinq "Last Resort Hou~ing" means co~parable replacement dwellings prov~ded by the City with its funds or funds author~zed for the project beeause existing comparable replace~ent dwell~ngs will not otherwise be available as ne~ded. Last Resort Housing as herezn def~ned does not refer ta "replacement dwell~nq unit" as that ter~ is used and defined in Section 3341Z.2(c) of the Califarnaa Community Redevelopment Law. BB. [Sec. 228] Mobile Home "Mobile home" means a structure, transportable in one or more sections, which is built on a p~rmanenti chassis and designed to be us~d as a dwelling with or ~~rithout a pezr~anent foundatian when conr-~cted ta the required utilities and includes the plumb~ng, heating, air-conditioning and el~ctrical syste:ns contained therein. A se~f-propelled vehic~e is not a mobile hor~e. CC. [Sec. 229] t~iartc{age Thase classes of liens as are cor~manly given to secure advances on, or the unpa~d purchase price of, real property, together ~rith the credit instrurients, if any, secured th~r~by including but not limited to deeds of trusts and land sales contracts. DD. [Sec. 230i Nonbroflt Orqanizataon "Nonprofit organizat~on" neans a corporation, par~.nership, ~ndividual or other public ar private entity~ engaged in a b~slness, profess~onal ar institutzonai act~vity an a non-profit basis, necessatating fixtures, equip:tent, stock in trade, or other tangib~e property for the earrying on of the business, prafession or institutional activity on the pre:~~ses. EE. [SeC. 23Z] OiYTI1~~S~Zp "Ownership" means holding any of the following interests in a dwelling, or a contract to purchase ane of the first six (6) interests: 1. A fee title; 2. A life estate; 3. A 50-year lease; 4. A lease wi.th at least twenty (20) years to run from the date of acquisition Qf the property; 13 5. A proprietary interest in a cooperativa hous~ng pro~ect :ah~ch includes the right ~o accupy a d~frel~~ng; 6. A prQpr~etary interest in a mob~le home; 7. A leasehold ~nterest G:ith an option to purchase. In the case of one who has succeeded to any of the foregoing interest by devise, bequest, inheri~ance or operatian of law, the tenure af awnersh~p, but nat occupancy, of the succeeding awner shall include the tenure of the preceding owner. FF. [Sec. 232] Person "Person" means any individual, family, partnership, or corporation assoc~ation. GG. [5ec. 233? P~rsanal Property "Personal property" rneans tangible praperty which ~s situated on a real property vacated or to be vacated by a displaced person and which is cons~dered personal property and is non-cor~pensable (other than for 7oving expenses) under ~he state iaw of eminent domain. In the case of a tenant, personal property includes fixtures and equzpment, ar~d other property :ah~ch may be characterized as real property ~nder state or lacal law, but v:h~ch the tenant may lawfully and at his election deterr,line to r,~ove, and for which the tenant ~s nat compensated an the rea~ property acquisition. In the case af an o:;ner of real property, the deLermznation as ta 4rhether an item af property is personal or real sha~l depend upon how it is identified zn the c~osirg or settlemen~ stater:lent with respect to the real property acquisitian. HH. [Sec. 234] Post-Acc{u~sit~.pn Tenant "Post-acquisition tenant" r;~eans a tenant who lawfully comr~ences to occupy property oniy after the City acquires it. II. [Sec. 235] Pre~ald Expenses "Prepaid expenses" :~eans items paid in advance by the selJ.er af real property and pra-rated between such seller and the buyer of such real proper~y at the close ot escrow including, but nat Iimzted ta, real property tax~s, ~nsurance horaeoVmers' assoc~ation dues and assessr~ent payr~ent. 14 JJ. [Sec. 236] Public Use "Public use" ~eans a use for Y~hich real property ~ay be acquired by e~inent da~ain. KK. [Sec. 237] S~all Business "Small Bus~ness" r~eans a business as defined in Part 24 0~ Title 49 af The Code of Federal Regulatzons. LL. [Sec. 238] Tenant A person who rents or is otherwise in lawful possession of a dwelling, including a sleeping room, ~ahich is owned by anather. 15 III. [Sec. 3da] RELOCAT~ON ADVISORY ASSISTANCE A. [Sec. 301; AdvisQry ~ssi~tance to be Pravided by the City The City shall provide relocation advisory assistance to any resident or bus~ness displaced b~cause of the acquis~tion of real property by the City. In additian, the City may provide relocation advisory assistance to any person accupying proper~y immediately ad~acent to the real praperty acqu~red and who the City determines is caused s~bstantial econo~ic in~ury because of the acquisitian. The relocation advisory assistance to be provided by the City shall include such measures, facilities and/or services as may be nECessary or appropriate in order ta: 1. Fully inform el~g~ble persans as to ~he availability of reloca~ion benefits and assistance and the eligibiiity requirements thErefore~ as u~ell as the procedures far obtaining such benefits and assistance; 2. Det~rm~ne the extent of the n~ed of each eligible person for relocation assis~ance; 3. Assure eligible displaced residents that within a reasonab~e period of t~~e prioz to displacement, to the extent that it can be reasonab~y acco~p~~shed, there wi~l be availabl~ comparable replacement d~,rellings sufficient in number and kind far~ and available ta, such el3gib~e residents; 4_ Provide current and continuzng inforr~ation on the ava~labalzty, ~rices, and rentals of comparable sal~s and rental housing, and cor~~parable cor~mercial properties and lacations, and as to security deposits, closing costs~ typical dawn paymen~s, interest rates and terr~s for residential property in the area; 5. Assist each pligible, d3splaced person to complete applications for pay~ents and benefits; 6. Assist each eligible, displaced res~dent to obtain and mov~ ta a camparable replacement dwelling; 7. Assist each el~gible, displaced business in obtaining and beco~zng established in a sui~able replacement lo~atzon with a r~inimum of delay and loss of earnings; 8. Provide any services required ta ~nsure that the relocation process does not result in different or s~parate treatment on accaunt of race, color, religion, ancestry, nati.onal origin, sex, r~arital status or other arbitrary circumstances. Such relocation process shall satisfy the requirements of Title VI of the Civil Rlghts Act of i964, Title VITI of the Civil 16 Rights Act af 1968, the Unruh Civil Rights Act and the California Fair Housinq Law; 9. Supply to eligible persans informataon concerning federal and state housing programs, d~saster loan and other programs administer~d by the Small Business Administration, and other federal or state prflgrams offering assistance to displaced persons; 10. Provide other adv~sory assistance to eiigibl~ persons to minimize th~ir hardships, such as counseling and referrals w~th regard to housing, financing, employment, training~ health and ~,reifare; 11. Infarm alI persons who are expected to be displaced about the ~viction policies to be pursued ~n caxrying out the pro~ect. B. [Sec. 302] Inforr~ation Proqra~ l. [Sec. 303] General Infor:~ati~n The City sha11 establish and maintain an information program utilizing meetings, ne,dsletters, and other r~echanisms, ~ncl.uding local media, available ta all persons, for keeping occupants of the property which the City is acquiring inform.ed on a continuing basis about its relacation pragram. The criterion for selecting among various alternative mechanisr~s shall be ~he likelihood of actually communica~.ing infornatian t~ such p~rsans. Legal publications, l~gal ads in lacal newspapers of general circulat~on and similar r.ieans are inadequate if they are likely to go unnoticed. The City shall provide ~echnical assistance as necessary ta in~erpret elements of the City's Relocatian Plan and other pertinen~ r,~aterxals, 2. [sec. 304] Personal contact As saon as practicable fo~lov~ing the initiatian of negatiations to acquire a parcel of real property, the City shall contact each eligible person occupying such property to carefuliy explain and discuss fully with such person the extent of relocataon payments and assistance that may be made available by the City. Such con~act shall be direct and personal except where repeated efforts indicate that such contact is not possible. Such contact may be made at the tine and as part of the ~nterv~ew to ascertain relacation needs conducted pursuant ta 5ect~on 3~1. All persons shall be advised and encourag~d to visit the City's r~lacation office for inforriation and assistance. The City shall maintain persanal contacts with occupants of the property to the maximum extent practicable. 17 3. [Sec. 305] Payment After Death A xeplacement housing paym~nt is personal ta the displaced person and upon his death the undistributed portian af any such payment shall not ~e pazd to his heirs or assigns, except that: a. The cos~ attributab~e to the displaced person's actual accupancy of the replacement housing shall be paid; b. The full payment shall be disbursed in any case in which a member of a displaced famzly dies and the other family members continue to occupy the replacement dwelling selected ~n accordance with the regu~ations in this part; and c. That pQrtion of a replacer~ent housing payment necessary ta satisfy the legal obligation of an estat~ in connectzan with the selection of a dwel.linq by or on behalf of a deceased persan shall be dzsbursed to the estate. Exar~p ~ e (1) Cost incurred for an actual mave conducted by a prafessional moving conpany; and ~2) Rental charges incurred prior to receipt of relocation benefits. 4. [Sec. 306] Informatl~n State:nent for Relocation Assastance As soon as practicable folloti~ing the initiation of negotiations to acqu~.re a parc~l of real prop~rty ar int~rest therezn, the City shall provide each occupant of such property ~r~th a written state~rent containing the fol~o~aing inforr•~ation: a. A qeneral descript~on of the na~ure and types af activities that wi13 be undertaken and adentification of the displacement area involved, ~ncluding a diaqrar~r~atic sketeh af such area; b. A statement that City action may resuZt in displacerrent, but that to the gr~atest extent practicab~e, na persan lawfully occupying the real property wi11 be ~equired to move without at least 94 days written notice fror~ the Ci~.y; c. A statement to residents that families and individua~s will n~t be required to mave from their dwellings befor~ reasonable ~ffers af decent, safe and sanitary and otherwise cor7parable replacement dwellings within their tinancia~ means have been made, except under limited circumstances provided for in these Rules and Regulat~ans; i8 d. A general description af tyges of relocation payments available, including generai eligibility criteria, and a caution against ~remature moves that might result in loss of elig~bility for a pay~ent; e. zdentificatian of the City's relocation program and a description of relocation ser~~ices and aids that wil~ ~e available; ~. Encaurage~ent to visit the City~s relocation office and coopera~e w~th staff, and the address, telephone number and hours of the reloca~ion oftice; g. Informat~on ta residents on replac~ment dwellings, including; (1) A brief description of what cons~~tutes a replacement dwe~ling, includinq physical standards; (2) A~ayman's description of applicable federal, state and ~ocal fair housirg laws; (3} A statement that the City will ~dent~fy available comparab~e replacement dvaellings and will provide assistance to persons in obtaining housing of their choice, including assistance in referr~ng complaints af discrim~nat~on to the appropriate federal, state or loeal fair housing enforcement agency; (4) A statement that persons nay ~eek their own housing accommoda~.ions, and urging them, if they do so, to notify the City prior to m~aking a cor~mit:~ent to purchase 4r occupy the property. h. A stater^~ent to businesses that the Caty will provide every possible assistance in locating relocation accorimoda~.ions, including cansul~atian :,;~th the Sma~.l Bus~.ness Administration and other governmental agencies :•rhich night be of assistance; i. A statement to businesses describ~ng the xequirement for priar notificatzon to the City of the business' intentian to move; j. A summary of the City's evic~zon pollcy; k. A s~ater.-.en~ descrzbing the City's grievance procedure, ~ts purpose and how it may be used; l. Any additianal i.nformation that the City believes would be helpful. Where appropriate, s~parate informatlon statements shall be prepared for residential and non-residentiai occupants. ~~ 5. [sec. 3a7] rrotice of EliaibiZitv status ~n addition to d~sseninating general information of the type described in Sections 302 and 303, the Ci~y sha11 provide each occupant of the property caith individual, writt~n natificatian of their eligibility s~atus as saan as it has been establ~shed. 5. ~Sec. 3~8} Lan~uage of Infar~atinn Material Information material shall be prepared in the language(s) most easily understood by the recipients. In ~isp~acement areas where there are significant concentrations of persons who do not read, ~rite, or understand English fluently, the native language of the people should be used and all informatianal material should be provided in the natzve language(s) and English. 7. [Sec. 309] Method of Del~very of Informational Mater~al To assure receipt of the informationa~ ma~erial, the City shall arrange to have the naterzal e~ther hand-delivered ta each occupant of the property with a request for a wratten receipt, or sent by certified mail, return receipt requested. C. [Sec. 310' ~etermination of Relocation Needs 1. [Sec. 31~] ~nterviews As soon as practicable follovrzng the initiat~on of negot~atians to acq~ire a parcel of real praperty, the City sha11 interview ~ach eligible person occupying such property to obtain information upon v:hich to pian for housang and vther accommadations, as ~:ell as caunseling and assistance needs. The interview shall be by d~rect, personal contact~ except where repeated efforts indicate that ~uch cantact is nat possible. The City shall carefully explain and discuss fully wi~h each person ~nterviewed the purpase of the interview. 4Jhen a person cannat be anterviewed or th~ interview daes not produce the information ~o be obtained, reasonable efforts sha].l be made to obta~n th~ infarmatian by other means. a. [5ec. 312] Informat~on to be ~btained from Residential Owner Occupants or Tenants The C~ty shall endeavor ta abtain the falloNing inforr.~ation from eligible persons. (1) Income; (2) 6~hether a person is e~derly or handicapped; 20 {3) Size of family; (4j Age of children; (5) Location af ;ob and factors limiting accessibility; {6} Ar~a of Preferred relocation; {7} Type of unit preferred; (8) Ownership or ~enant preference; (9) Need for social and publzc services, special schools and other services; {10) Eligibility for public~y assisted housing; (11) hTith reference to the present d*aelling: (a) the rent; (b) type and quality af constructzon; (c) number of roor~s and bedraor.ts; (d} anount of hab~table l~.vir-g space; {e) locataonal factors including~ ar~ong others, public utzlzties, public and conmercial facilities (znc~uding transp~~-tation and schools) and neighborhood conditions (including m~unicipal services). (12} Such other matters tha~. concern a househald as ~ts rnembers contemplate relocation. b. _Sec. 313] ~oordinati~n ~.aith Other Aqencies In order to avoid duplication of effort and ta ensure that necessary ~nforr:lation is available at th~ appropriate time, the C~.ty shall coordinate its interview activities with the survey actzvities, if any, of other agencies. Gathering of data pertin~nt to social servic~ referraZs of eligible p~rsans shall b~ planned in cooperation with soc~al servace agenc~.es. c. [Sec. 3141 Interview after P~rson Moves W~.tho~tt l~otice If the City fails to conduct the required interview of any eliqiblE person in a timely and ef€ective r~anner, the City shall make every reasonable effort to identify, locate and interview such persan who has r~~ov~d so ~hat their relocation needs can be a1 deter~ined. 2. [Sec. 315j Relocation Records Based on information obtained during interviews and fram other sources as appl~cable~ the City shall prepare and maintain an accura~e relacatifln reco~d for each to be displaced. The record shall contain a description of the pertinent cl~aracteristics of the persons to b~ di~placed and the assistance deemed to be necessary. A displac~d person (or any per~on authorized Yn wr~ting by such person) shall have the right to inspect such documen~s containing ~nformation relating to hir~ tn the extent and in the manner pravided by law. 3. [Sec. 31G] Updatina Inforr~ation Information pertainznq to the relocation needs of eligibZe p~rsons occupying each parcel of real property *.,~ith respect to which the City has initiated negotiations for acquisitian shall be up-dated at least annual~y. E~ig~ble persons shall be encouraged to bring any change in their needs to the attentzon of the City. D. [Sec. 317] Relocatian Site Office The C~ty may, as it deems necessary, establ~sh a site office which zs accessible to all area residents and businesses who may be displaced ta provide relocat~on assistance. Any such office shall be staffed with trained and/or experienced relacation persanne~. Office hours shall b~ scheduled to accor.imodate persans unab~e to visit the office during nor:~al business hours. The City may also make provision for meeting ~3ith displaced persons in their homes or places of ~JUS1P1~55. E. [Sec. 318i Cpntractina for Relocation Serv~ces The City :-iay enter ~nto a can~ract V~ith any indiv~.dual, firm, assoclation, carparation cr governriental agency having an established organ~zation for candUCting relocation assistance prograr~s, for the purpose of providang relocatian advisary assistance. F. [Sec. 319] Coordination of Relacation Assistance The City shal~ coordinate its relocation assistance program with other work necessitating displacement of persons, and with activities of other public entities in th~ Ci~y ar nearby areas, for ~he purpose of plann~ng relocation activ~ties and caordinati.ng the avai~.ability af replacement dwellinq resources in the impl~mentation of the City's rel~cation assis~ance pragram. 22 IV. [Sec. 40~1 RELOCATION PLA~S A. Relocation P~ans 1. [Sec. 401] Requarement Genezally As soon as practicable following the in~tiation of negotzations to acquire a parcel of real praperty in any disp~acement area required for si~e improvements, dispositian and development agreenents, participation agreements or any other activity that will result in ~isplacement, the City shall prepare a Re~ocation Plan. The Relocation Plan shall be submitted to tha Caty Counci~ for approval. When the City's action will only result in an insignificant ar~ount of non-residential dispiacement, the City is not required ta prepare such a Relocation Plan. 2. ~Sec. 402~ Contents of Plan The Relocat~.on Plan for an iMplementation activity shall conta~.n the foll.owing elements; (a} A diagrammatic sketch of the displace~nent area; (b) Projected dates of displacement; (c) An analysis of the aggregate re~ocation needs of all persons to be dzsplacEd, lncluding an analysis of replacement dwelling needs in accoru~ance ~;:zth Sect~on 403; (d) An ar~alysis of replacement d~~ae~ling resources, in accordance with Secti~n ~~~; (e) A deta~led explanation as to ho~~a the aggregate relacatian needs of all pErsons to be displaced are to be met; (f) A cost es~.imate for carrying out the supplemental reiocation plan and ident~flcation of the source of necessary funds; (g} A detailed plan by 4;hich any last resort hot~sing is to be provided, in accordance Nrith Sec~ion ~05; (h) Temporary ~elocatian plans, if any; (a} A detailed description of the relocation adv~.sory sex'vices prograr~, inc~udinq specific procedures for lacatzng and referring eligible persons to conparable replacement dweZlings; (j ) A description of the relocation payments to be made and a plan for disbursement; 23 RESOLUTION NUMBER 86~~ (CCS) (City Council Series) A RE50LUTION OF THE CITY CaUNCIL OF THE CITY OF SANTA MONIGA AUTHORIZING THE SUBMITTAL OF A FUNBING APPLICATTON TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELDPM~NT FOR SH~LTER PLUS CARE ~UNDING TO ASSIST HOMELESS PERSONS WHEREAS, the U.S. Department af Housing and Urhan Development has issued a NOTICE OF FUNDING AVAILABILITY FOR SHELTER PLUS CA12E; and WHEREAS, the City of Santa Mon~.ca is eligible as a unit of local government; and WHEREAS, the City ~s therefore eligible to apply for Sheltar Plus Care funding; and WHEREAS, ~he City Manager can act an behalf of the City of Santa Monica and will sign all necessary documents required to complete the grant applicatiQn; and WHEREAS, the City of San~a Monica ~s capabie of and w~lZing to apply for funds and will supervise the implementation and operation of this program if funded; and WHEREAS, the grant applicatian is consistent wit~h ~he City's Comprehensive Housing Affordability Strategy ~CHAS), NOW THEREFORE, THE CITY COUNCIL aF THE CITY OF SANTA MONICA DOES RES4LVE AS F4LLOWS: The wr~tten analysis af replacement dwelling resources shaZi include: (1) Separata information concern~ng honeownership and rental units; (2} Th~ number af units available by cost for each size category; (3} Resources available to ~eet the needs af elderly and handicapped households shown separately, including informatian on the number of u~its wzth special facilities and the nature of such facilities; {4) Description of ~he ~oeational charac~eris~ics of the neighborhoads in the survey area (establishEd pursuant ~Q Sections 503-505 below} corresponding to the requirements af co~parab~e replacenent dT~el~ings; (5) Infor~at~on concerning prox~mity to presen~ e~plov~ent sources (with the consent of ~he displaced person, a potential employer may be substituted), ned3cal and recreationaZ facilities, parks, communi~y centers, shopping, transportation and schoo~s; (6) Information conc~rning proximity to other relevant needs and amenities. c. i5~c. ~0~~ ~ethad of Providinq Last Resort Housinq If the City deter~ines ~o use its funds ar the funds autharized for the pro~ect to provide last resort hausing, the City shall, as par~ of the Relocatian Plan, prepar~ a plan for producing such last resort housing. The Plan sha~l specify: (1) Haw, when and where the housing wall be pravided; (2] How the hausing ~trill be financed and the a:°~ount af €unds to be allocated to such housing; (3) The prices at wh~ch the housing ~Nill b~ rented Qr sold to the families and individuals to be displaced; (~} The arrangements for housing management and sacial services, as appropriate; (5) The suitability of th~ locatian and environm~ntal impact of the proposed housing; {6} Th~ arrangements for r~aintaining rent ~evels appropriate for the persons to be rehoused; 25 (7} The disposition of proceeds for rental, sale ar resale af such housing; (8} Any referendum or z~ning requirements and the appropriat~ procedures to be follo~~ed. The City may cansult or contract with the Department, a local housing autharity or other agency or arganization having experience in the administration or canduct af housing programs to provid~ technical assistance and advise in the development of the plan for last resort housing. d. [5ec. 406] Information Required that: The Relocatian Plan shall contain sufficient facts to show {1) Fa~r and reasonable relocation payments will be provided ta eligible persans as requir~d by state law and thes~ Rules and Regulat~ons; (2) A re~ocation advisary assistance program will be established ~r- conformance with state law and these Rules and Regulations; (3) Elzgible persans will be adequately informed of the asszstance~ benefits, policies, practices and procedures, inciuding grievance procedures, prQVided ~ox~ by state 1aw and these Rules and Regulatians; (4} Based upon recent survey and analysis of both the housing needs of persans who w~li be displaced and availabl.e replacement hauszng and considering compet~ng demands for that housing, comparable replace:~ent dwellings will be available, or pravided, if necessary, r;rith~n a reasonable period of time pr~ar to displac~ment sufficient in number, size and cos~ for th~ eligible persons who requirE ~hem; (5} Adequate provisions hav~ been r:ade ta provide orderiy, tzrtely, and efficient relocatian of eligible persons to camparable r~placement dwellings available w3thout regard to race, color, religion, ancestry, national arigin, sex or marital status, with minimum hardship ta those affected; {6) A re~ocation plan meeting the requirer~ents af state law and these Rules and Regulatians has b~en prepared; {7) The necessary relacation resources ~~ill be available as required; ;8) With respect to the acquisit~.on of real property, to the great~st extent practicable~ adequate provisions have been made to be gu~ded by th~ applicable provisians of state law 26 and these Rules and Regulations. 3. [Sec. 407] Review of Relocation Plan The Relocation Plan shall be submitted to the Department thirty (30) days pr~or ta submission to the City Council for appraval. Copies shall be availabl~ to the public upon request. The City Counci~ shal~ review and consider the infornation contained in each Relocatian Plan prior ta displacing persons ~n conneetion w~th the redeve~op~ent plan implementation activity for which the Relocation Plan was prepared. General Not~ce of the plan shall be pra~~ded. This natice shall be designed to xeac~ the occupants of the propert~ and be in accordance with Section 303 and Sectzon 3Q8 of these Rules. This notiee shall be provided at least thirty (3~) days priar to submissian to the City Council for approval. C. [Sec, 408] C~nformance ~a General Plan Relocation plans prepared by the City ~n accardance with ~ections 400 through 407 shall be consistent with the Hous~ng Element of the City's Generai Plan. D. ESec. 409] ~'pdate of R~location Plans In the ev~nt of delay in iMplementation o~ a Relocation P~an prepared by the City, such Relocation Plan shall be updated annually. 27 V. {Sec. 500j ASSURANCE OF COMPARABLE REPLACEMENT DS~ELLINGS A. [Sec. 5D1] Requirement Generally No displaced resident shall be requzred to mo~e from his dwelling bacause of its acquisition by the City, unless there is a permanent ~r temparary replacement d~aelling avai~able to him. The City shall assure that, within a reasonable period of time prior to displacement, to the extent that it can }ae reasonably accomplished, there wzll be available comparable replacement dwellings equal in number to the number of displaced residents who require such dwellings. In any event, permanent housing faci.lities (camparable replacement dwell~ngs) shall b~ made ava~lable within three (3) years from the time residents are dispiaced and pending the development af such facilities there shall be avaiZable to such displaced residents adequate temporary housing facili~ies. B. [Sec. 502] Procedures for ldenti~yinq Comparable Rep~acement Dwel~lnc{s ~. [Sec. 503~ Survey af Available Replacement Dwellinqs As soon as practicable following the initiation of negatiatians to acquire a parce~ of real property, the City shall initiate a~urvey of available comparable replacement dwellings. If a recent suxvey that provides the information identified in Section 504 is not available, the City shal~ conduct a survey o~ the housing market. If a recent survey is available, but it does not ~eflect more recent, significant changes zn housing market conditions, the survey shall be updated or at shall no~. be relied upon. In the event of delay in carrying out the implementation activity to which the survey perta~ns, the survey shall be updated at least annually. 2. [Sec. 504) Informa~ion To Be Obtazned a. [Sec. 505] Survey Area Th~. survey area shal~ be reasonably related to the displacemen~ area and to the needs and preferences of the persons ~a be displaced. The survey area shall have relevant characteristics spec~fied for comparable replacement dwellings which equal or exceed those of ~he neighborhaod fram which persons are to be displaced. b. [Sec. 506~ Grass Number of Comparable Replacement Dwellinqs (1) [Sec. 507] 5tandard Generally Only dwelling units which satisfy ~.he standards of Comparable replacement dEaellings, inc~uding the locational 28 criteria, sha11 be eounted as a relocation resource. (2) ~5ec. 508] Uncompleted New Canstruetion ar Rehabilitation Uncompleted new construction ar rehabilitation shall only be counted toward the gross number of comparable replacement dwellings i~ thera is a subs~antial likelihood that the dwel~ing units will be available when needed and at housing prices ar rental costs with~n the financial means of the prospective occupants. (3). [Sec. 509] Publicly Subsidized Housinq Publicly subsidized housinq, as defined pursuant ta Article XXXIV of the Califarnia Constitution and Sections 37000 through 37002 of the Californ~a Health and Safety Cade, shall only be counted toward the gross number of comparable r~placement dwellings if it reasonably can be established that: (a) The dw~lling un~ts will be available when needed; (b) The governmentaZ body providing the subsidy has made, in writing, a reasanably binding commitment of ass~stance; (c) The dwalling units have been inspected and determined to be decent, safe and sanitary and the ~.ncome ceilings, rent ranges and age restric~ions, if any, have been considered; (d) The number of dwelling unzts available ~.n the City exceeds the nur,~ber of households zn need of the dwelling un~ts, provided however, that this requir~ment shalJ. not apply when: (z} the City or another public enti~.y undertakes to provide such publzCly subsid~zed housing specifica~ly as a rel.ocation resource; or (i~) the City es~.ablishes that ~uch public~y subsidized housing will be replaced by las~ resort housing with~n two (2) years, To establish that last resort hQUS~ng wi~l be developed as required, the City nust have site control with perm~ssive zoning, preliminary plans and conditional commitments for subsidy and fir-ane~ng, or the equivalent, and must ~dentify ownership; (e) With respect to uncompleted new canstruction or rehabilitation, such publicly subsidiaed dwel].ing units are being subsidized to provide relocation resources. c. [Sec. ~10] Ad~ustment far Concurrent Displacement The gross number af camparable replacement dwellings in the survey area shall be d~scounted to refl~ct concurrent displacement 29 by the federal government and its agencies, including ~ed~raily assisted pro~ects, as wel~ as dxsplacement by other public entit~es within the survey area. 3. [Sec. ~llj Review of Survey Results When nare than twenty-f~ve (25} households will be displaced, resu~ts of the survey of comparable replacement dwellings shal~ be submitted for review to local housing, de~elopment and planninq agencies and shall be conpared to o~her exi~ting information on hausing. Notwithstanding the resu~ts of the survey of comparable replacement dwellings, if the demand far housing is such that there are no vacancies other than those perm~ttEd by turnover, the City may proceed to di~place res~dents from d,~ellinqs, but only to the extent that the City obta~ns referrals of co~parable replacement dwell~ngs far such residents in accordance taith the provisions of 5ectzan 512, C. [Sec. 5Z2] Referrals of Replacement Dwe~linqs The City sha~l obtain at Zeast three referrals of comparable replacement dwelZings for each displaced resident, provided that where the City determines that, due ta special circumstanc~s, three is nat a reasonable number, fewer than three referrals nay be deemed sufficient to satisfy the requlrements af this Sec~~on. Such referrals shal~ be in ::riting~ in a language understaod by ~he displaced resident. The City~s obligation to obtain a co~parable replacement dwelling for any d~splaced resident shall be deer~ed to be sa~isfied if such resident is offered and refuses, w~thout 3ustificatian, the number of specif ica].ly identif ied cor~parable replacement dwellings pravided for in this Section. D. [Sec. 513] "~ertporary Nlove 1. ~5ec. 514] Use of Te:-~porary Replacement HQUSinq The City may relocate displaced ~-esidents to ter'iporary replacement housing under the c~ndit~ons provided in Sect~.an 513. Such housing shall :~eet the standards of an adequate rep~acement dwelling. The City shall minimize, ta the greatest extent feasible, the use of temporary replacement housing. Temparary replacement hausing may be used, among ather approprzate times, when a project plan anticipates moving ind~vlduals back into cor~pleted pro~ect accommodations. 30 2. [5ec. 515] RElocation Assistance and Payments The City shall pravide displaced residents who move to temporary replace~~nt housing with relocation assistance, services and benefits des~gned to ach~eve per~anent relocation of such residents into co~parable replacement dwellings. 3. [Sec. ~1b] Assurances Pri~r to Temparary ~ove Prior ~o any temporary move, the City shaZl determine and provzde written assuranc~ to each displaced resid~n~ that: a. Comparable replacement dwellings wil~. be made available at the earlisst possible t~me, and zn any ~vent within twelve t12} months from the date af the move to the ~emporary replacement housing; b. Comparable replacertent dweilings °~•ri1Z be made available, on a priority basis, to the indiv~dual or fanily who has been t~r~porarily rehoused; C. The mave ta temporary replace:~ent housing w~ll nat affect a claimant's el~gibility for a replacenent housing payme~t nor deprive him of the same choice af replacem~nt dwell~ng uni~s that would have been made availab~e had the temporary move na~ been made and the costs af a temporary move will nat be considered as all or a part of relocation payments to which a displaced resident is entitl~d; d. If a pro~ect plan anticipates appropriate hous~ng accommadations being built in the project area, thE resident who has been te~nporar~iy displaced wili be given priority opportunity to obtain such hausing accar;ir,iodations; e. The City wi~l pay all costs in connection with the ~ove to temporary replace~ent housing, including ~nereased housing costs. E. [Sec. 517;. Provis~on of Last Resort Housinc{ 1. [Sec. 51S] Author~zation; Ahethods If comparab~e replacement dwellings ar~ not available, and the CYty deter;tines that such housing cannot otherwise be made available, the City sha~l use funds authorized for the pro~ect for which the real property, or interest therepf, zs being acquired to provide such housing. The City may expend funds and take such other actlans as necessary to prov~de, rehabilitate, or construct last resort housing pursuant to an approved plan for last resort hausing through methods including but not lini~~d to the following: 31 a. Transfer of funds to state and local housing agencies; b. Contract with arganizatians experienced ~n the develop~ent of housing; c. Direct develapment; rehabilita~ion ar construc~ion by the City; d. Financing of development, rehabilitation or construction by the City; e. Pravide hausing subsidies as permitted by law. Whene~er practicab~e, th~ City shali utilize the services of federal, state, or local housing agencies, or other agencies having experience in the administratian or conduct of sim~lar housing progra~s. Where severa~ agencies are administering pragrams resu~ting in residential displacement, apportunities shaZl be sought for ~oint development and financing to aggregate resources in order nost efficiently to provide iast resart housing in suffic~ent quantity to satisfy the aggregate needs af such pragrams. 2. [Sec. 519] Nondascrimination; Affirmative Action All contracts and subcontracts for the construction, rehab~litatlon ar management of Zast resort housing shall be let wlthout discriminatzon as to race, color, religion, ancestry, national orzgin, sex, marita~ status, and other arbitrary c~rc~MStances an~ pursuant to an affirmative action prograrn. The City shall encourage participation by minority persons in all levels of construction, rehabilitation, planning, financing and manaqement of last resort housing. When the housing will be located in an area of minority concentration, the City sha~l seek to secure s~.gnificant partic~pation of ninorities in these activities. The City shall require that, to the greatest extent feasible, opportunities for training and employment arising in connection wzth the planning~ constructian, rehabYlitation and operation of last z'esor~ housing be given to persons of low income residing in the area of such housing and shall detern~ne and implement r~eans ta sec~re the particzpatian of small businesses in the performance of contracts for such :•rork. 3. [Sec. 520] Canforr~ity with Statutes and Requlat~ons The provasion of ].ast resort hausing by th~ City shall be in accord with the prov~sions of Sectian 1 af the Civil R~ghts Ac~ of 1966, Title VI of the Civil Rights Act of 1~64, Tit1e VIII of the Civil Rights Act of ].968, the Unruh Civil Rights Act, the California Fair Houszng Laca, and the Califarnia Env~ronmental Qual~ty Act Qf 1970, and regulations issued pursuant thereto. 32 4. [Sec. 521] Monitorinq Housinq Production The City shall monitor the praduction of the last resort housing to ensure that it is in accordance with the plan for last resort housing approved by the City. 5. ~Sec. 522] Retentiott of Benefits Upan Move tfl Last Resort Hauslnq 'Fhe City shall not require a displaced resident to accept ~ast resort housing in lieu o~ the displaced resident's acquisition payment, if any, for the real property from which he ~s displaced or the relocation payments for which he may be eligible. F. [Sec. 523] Move to 5ubstandard Dwellinq Unit The City shall inspect each replac~ment dwelling priar to the tirie a displaced resident occupies ~.t. The City shall not induce or encourage a displaced resident ta acquire a dwelling which does not satisfy the standards of a comparable replacement dwe~l~ng. If a displaced residen~ occupies a dwelling uni~ to which he is refezzed by ~he C~ty and the dwelling unit does not sat~sfy the standard af a comparable r~placement c~welling, the City shall offer to locate such a dwelling for the displaced resa.dent and to pay again al1 moving and related expenses. If a displac~d resident chooses not to riove from a substandard dwelling unit he has occupied, ~he displaced resident shall nevertheless be el~gible to recezve relocatzon assistance and payments if one of the following conditions is met: I.. If he occt~pied the subs~andard d:•;elling un~t following referral by the City; or 2. If the rental or purchase of the substandard dwellzng unit is the result of the City's failt~re to identify a reasonable number of c~mparable replacement dwellings; or 3. If the purchase of the substandard dwelling unit is not the result of ~he City's referral ar failure to refer~ when the substandard dwelling unit is braught inta cQmpliance with the decant, safe and sanitary standard. In the event the conditior- met ~s paragraph 3, any replacement housing payment shall be limited to the amaunt tnat would be pravided in connection with the purchase of a similar, comparable repiacement dwelZing, or the sum of the actual costs ~f acquisition (including incidental expenses) and rehab~litation, whichever is less. 33 G. [Sec. ~24] tivaiver of Requ~re~ent for Replacem~nt Dwellinq Prior to Displacement When immed~ate passessian of the r~al property is of crucial impartance and ane of the following circumstances exists, ~he City may require an eligible displaced resident to move from his dwellinq befor~ a camparable replacemen~ dwelling or temporary adequate replacement dwel~ing is available: 1. When d~splacement is necessitated by a major disaster as defined in 5ectian 102(2) o~ the "Disaster ~elief Aet of 1974"; 2. During perzods of declared nationa~ or state emergency; 3. when such other extraordinary or e~ergency situations occur where immediate possession of real property is of crucial importance. Any waiver af the requirement for replacement dwellinqs priar to displacement shall be supported by appropriate find~ngs and a determinata.on of the necessity far the waiver. 3~ VI. [Sec, 600] RELOCATION PAY~TENTS TO DISPLACED RESIDENTS A. [Sec. 601; Payments Requ~red The City shall ca~pensate a displaced resident tor the expenses descri~ed in S~ction 602 or 603 and in Section 604 or 614. A dzsplaced resident who lawfully resides on his business property may be elig~ble for both the payments described in this Section 6D0 and the payments to a displaced bt~siness pravided under Section 70a. A person who moves frorn his dwelling or wha tnoves his persona~ property therefrom beca~se he is displaced by the City from other real property an which he conducts a business shall be Eligible only for payments provided for under Section 602 or 603. B. [Sec. 6D2] Actual Reasonable Mov~nq Expenses A displaced resident shal~ be cor.lpensated for the actual reasonable expenses incurred zn novinq hix~self and his fam~.ly, includ~ng r~oving personal property. In all cases the amount af a paymen~ sha~l not exceecl the reasonab~e cost of accomplish~ng the activity in connect~on ~aith 4rhich a clairn has been fiied. The mav~ng and relat~c~ expenses for which claims may be fi~ed shall include: 1. Transportation of persons and property not to exceed a distance of fifty (50) milas fro:n the site from which the resident was displaced, except ~~here the City determ~nes that relocation beyond such distance of flfty (5a) miles is ~ustified; 2. Pack~ng, crating, unpack~ng and uncrating personal property; 3, Such s~orage af personal property, far a period generally nat to exceed twelve (12) months, as deter~ined by the City to be necessary in connect~or~ :aith relacation; 4. Insurance of personal. property while in stQrage or translt; 5. The reaspnable replacement value of property lost, s~olen, ar damaged (not through the fault of the d~splaced resident~ his agent vr employee) in the process of r~oving, where ~nsurance covering such loss, thef~ or damage ~s not reasonably avai~able; disconnec~ing, disasseznbling, dismantling, removinq, reassembling, reconnecting and reinsta~linq machinery, equipment or other persona~ property not acquired by the City, inc~uding conneetion charges irnposed by public utilities for starting u~ll~ty service. 35 C. ~Sec. 503] Alternate Payments A displaced resident who is eligible for a pay~ent for actual reasonable moving expenses may elect to receive, and shall be paid, in lieu of such payment, a r~oving expense and dis~ocation allowance which sha~l be determined accardang to a schedule established by the C3ty. The schedul~ shall be consistent with the residential moving expense and dislocation allowance payment schedule estab~ished by Part 24 of T~.tle 49 of The Code of Federal Regulatians. D. [Sec. 604] Replacement Housinq Payments for Dispiaced Homeawners 1. [Sec. 605] Amoun~ af Paymen~ The C~ty sha1Z nake to a displac~d resident wha meets the elig~biZity requirements of Section 506, a payment no~ to exceed a comb~ned tatal of $22,540. for: a. The amount, if any, wh~ch ,~;hen added to the acqu~sitian cost of the dwelling acquired for the pro~ect equa~s the reasonable cast of a camparable replacement dwelZing. This amount shall not exceed the difference bet~~aeen the acquisition price af the acquired dweiiing and the actual p~rchase price of the replacement dwelling; b. The amount, if any, ta compensate the displaced resident for any increased interest cost he is required to pay for financing the acquisition af a replacement dwelling. The payment shall not be made unless the dwelling acquired by the City was et~cumbered by a bona f ide r~ortgag~ which ~yas a valid lien on the dwelling for not less than 180 days prior ta the anitiation of negatiations for acquisition of such dwe~.ling. (This time requirement May be m4dified in accordance tai~h the provisians of Sect~on 506a); c. Reasonable expenses zncurr~d by the disp~aced residen~ incident to the purchase of the replacement dweliing, but not including prepaid expenses; d_ The cost of rehabilitating a dwelling wh~eh does not satisfy the decent, safe and sanitary standard. 2. [5ec. 606] Eliaib~.lity A displaced resident is ~ligible for a rep~acement housing payment if such person satisfies the following conditions: a. Has actual~y ownad and occupied the dwelling from wh~.ch he is displaced as a permanent ar customary and usual place of abode for nat less than 180 days prior to the initiation of 36 negat~ations for acquaslt~on of such dwelling. If an owner satisfies all but the 18a day requirer~ent and can establzsh ta the satisfaction of the City that he bought tha dwelling with the intention of naking it h~s place of residence, that the move was not r~otivated by a desire to receive relocation assistance and benefits, and ~.hat he neither knew nor should have known that public acquisition was intended, the City may reduce the requixement as necessary. b. Purchases and accupies a replacement dwell~ng within one year subsequent ta the date on which he received fina~ payment from ~he City for a11 costs of the acquired dweliing or the date on which he moves from the acquired dwelling. whichever is later. Where for reasons beyond the control of the d~splaeed res~dent completion of construction, rahabilitation, or re].pcation of a replacement dwelling is dElayed beyond the date by which oecupancy is required, the Czty shall dete~m~ne the date of occupancy to be th~ date the displaced resident enters into a contract for such construction, rehabi~itat~.on, or relocation or far the purchase, upon completion, of a dwellinq to be constructed or rehab~lztated, if, in fact the displaced resident occupies the replacemen~ dwelling when the construction or rehabilitatzon is cotnpleted. Where for reasans of hardship or circur~stances beyond the control a~ the displaced resident, such person is unable to accupy ~he replacement dwel~ing by the required date, the City may ex~end the deadline as necessary. If by the deadline the displaced persan has contracted to puzchase a replacernen~ dtaelling, the City will extend the deadline to the extent reasonable. No person otherwise e~igible for paynent, shal~ be denied such el~gibility as a resul~ of being unable, because of a major state or national disaster, to meet the occupancy requiremen~s contazned herein. 3. [Sec. 607] Computation of R~placer~ent Housinc~ Payment a. [Sec. 608] Reasonable Cast af Coriparable Replacerlent i]~~elllnq ~n deterrrining ~.he reasonable cost of a comparable replacement dwelling, the City shall us~ one of ~he following methads: (ly Comparative Method. On a case by cas~ basis by determining the listinq price of d~~el~inqs which have been selectecl by the City and which are r~ast representative of the acquired dwel~ing unit and meet the definition of a comparable replacement dwelling. Whenever possible the lis~zng price of at least three dwe~lings shall be considered; or (2) Schedule Method. k•he~e the C~ty determines the comparative methad is not feasible, ~t may establish a schedule of 37 reasonable acquisitaon costs for thE various types of comparable replacenent dcae~lings. The C~ty shall cooperate with other entities caus~ng d~splacement in the area to establish a uniform schedule. The schedule shall be ba~ed on a currEnt analysas af the ~arket to determ~ne a reasonable cost for each type af dwelling to be purchased. The analysis may be confined to the sub-area from which persons ar~ displaced or may cover several different sub- areas; if they satisfy or exceed the criteria for a comparable replacement dweliing. To assu~e the greatest comparabzlity of dwe~lings in any analysis, the analysis shall be divided into classifzcations of the type of construction, number of bedroams, and price rang~s; or (3) Alternative M~~had. 6vhere the City de~ermines that neither the schedule, nar comparative method is feasible ~n a given situation, by the use of another reasanable method selected by the City. tivhichever ?7ethod is selected the cost sha~.l be updated within three months of the date of purchase of the replacer.~ent dwell~ng. b. ~Sec. 609j Increased Interest Cost Increased interest cnst shall be equal to the discounted present value of the difference ~etween the aggregate interest applicable ta the amount of the principa~ of the :~ortgage on the acquired c~well~.ng aver ats rer~aining term a~ thE time of acquisition, and other deb~ service costs, and th~ agg~egate interest pa~d Qn the r~ortgage on th~ replace~ent dwel~a.ng, and other debt service costs. The term and amount of the mortgage on the replacement dwelling for the purposes af this Section shall be the lesser of the rer~a3n~ng term and amount of the mortgage on the acquired d~~elling, or the actua~ term and amount of the mortgage on the rEplacement d~~elling. The amount of the debt service cost with respect ta the r~placer,ent d~~aelling shall be the lesser of the debt service cost based on the cost requlred for a camparable replacement d~*ell~ng, or the debt s~rvice cost based on the actual cost o~ the replacer~ent dwelling. Prepaid interest or "poin~s" shall be considered in the de~ermination of the aggregate lnterest. In calculating the amount of compensation, incr~ased interest cost shal~ be reduced ta dascounted present value usinq the prevailzng interest rate paid on sav~ngs deposits by commercial banks in the general area ln which the replacement dwelling is located. 38 c. [Sec. 610] Expense Incident ta the Purchase of the Rep~acement Durellinq The replacement housing payment shall include ~he amaunt necessary to reimburse the displaced res~dent far actual costs incurred by him incident to the purchase of the replacement dwelling, including but not limzte~ to the fallowing: (1} Legal, closing, and related costs including title search, preparing conveyance contracts, notary fees, surveys, prepar~ng drawings or plans, and charges pa~d incident to recordation; {2) Lender, FHA, VA or similar appraisal casts; (3) FHA, VA, or s~m~~ar applica~ion fees; (4) Cost for certification of structural soundness; (5) Credit report charges; (5) Charge for awner's and mortgagee's evidence or assurance of tit~e; (7) Escrow agent's fee; (8) Sales and transfer taxes. Payment for any such expenses shall not exceed the a~ount attr3butable to the purchase of a replac~ment dwelling. Such expenses sha11 be reasonable and legally required or customary in the City oP Santa ~~anica. Reimbursement shall not be made under the provisions af this Section for any fee, cost, charge, ar expense which is determined to be a part of the debt serviee ar fznance charge under Title I of the Truth in Lending Act and Regulation Z~ssued pursuant thereto by the Board of Governors of ~the Federal R~serve System. Any such sum should be considered in the determination of increased interest cost. ~. [Sec. 611] Multi-Family Dwellinq In the case of a displaced hor~eawner who is required to move fram a one-family unit of a r~ult~-family building w~~.ch he owns, the replacement housing payment shall be ba.sed on the cost of a compazable one-family unit in a me~l~~-fami~y building of approximately the same density or if that is not available in a building of the next less density, or, if a comparable one-family unit ~n such a mult~-family building is not available~ the cost af any otherwise comparable single-family structure. 39 5. [Sec. 612] Ho~eo;aner Retentian of DTNellinq If a displaced homeowner elects to retain, move, and occupy his dwel~ing~ the amount paya~le as the replacement hous~ng payment is the difference between the acqu~sition price of the acquired property and the sum of the ~oving and restoration expenses, the cost of correc~ing decent, saf~~ an~ sanitary deficienczes, if any, and the actual purchase price of a comparable relocation site. The payment shall not exceed the amount of the replacement housing paym~nt to which the homeowner would otherw~se be entitled. 6. [5ec. 613} Lease af Condaminium For the purpose of this Sectzon 604, the ~easing af a condomin~um for a 99-year period, or for a term which exceeds the ~ife expecta.ncy of the displac~d resident as datermined by the most recent life tables in Vital Statistics of the United 5tates, as published by the Public Health Service of the Department of Health, Education and We~fare or successor acceptable index, sha11 be deemed a purchase of the condomin~um. E. [Sec. 614] Replacement Housinq Payments far Tenan~.s and Certain Others 1. [ Sec . 615 ] Ar~ount of Payr~ent The City shaZl r~ake ~.o a displaced reszdent who r~eets the eligib~lity r~quire~nents ot Section 616, a payment not to exceed $~,250.00 for either: a. An ar:iount necessary to enable such gerson ta lease or rent a cor,iparable replace-~ent d;.ell.~ng for a period not ta exceed 4 years; or b. An ar;ount necessary ~.o enable such person to nake a down payment on the purchase of a decent, sa~e and sanitary r~placement d~srellanq (including incidental expenses descr~bed in Section 610). 2. [Sec. 616] Elic{ibil~ty A displaced resident is eligible far a replac~ment hausing payment if such person satisfied the follawing conditions: a. Has actually ar-d lawfully occupied the dwell~ng fram which he ~s displaced for a per~od af not less than 90 days prior to tne ~nitiation af negot~ations foz acquisit~on of such dwelling. If a resident satisfies all but the 90-day xequirement and can establish to the satisfaetion of the City ~hat he occupied ~he dwelling with the intentian af making it his place of residence, tha~ the move was nat r,~otivated by a desire to receive relocation assistance and benefzts~ and th~t 40 he neYther knew nor should have knoc•rn that pub~ic acquisition was ~ntended, the City ~ay reduce the requirements as necessazy. b. zs not el~qible to receiue a replacenent housinq payme~t for homeowners or elects not to receive such payment. Where the displaced resident is the owner-accupant of the dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of the dwe~ling~ the payment made under Section 615b shall not exceed the amaunt of payment to which the resident would be enti~.led under Sectian 60~. c. The displaced res~,dent shal~ within one year from the date af displacement rent o~ purchase (as the case may be) and occupy a replacement dwelling. 4dher~ for reasons be~ond the cantrol o~ the d~splaced resident cor~pletion of construction, rehabiZitation, or relocation of a replacement dwelling is delayed beyond the da~.e by which occupancy is requzred, the City shall det~rr~;ine the date of occupancy to be the date the displaced resident enters in~o a contract for such construction, rehabilitatian, or relocation or for rental or purchase, upon conpletion, af a dwel~.ing ta be constructed ar rehabil~tated, if, ~n fact, the displaced person occupies the replacEment dc.rell~ng ~rhen the construction or rehabilitation is completed. ~dhere for reasons of hardship or circumstances beyond the control of the dasplaced resident, such person is unable ta occupy the replacement dwelling by the required date, the G~ty r.3ay extend the deadline as necessary. If by the deadlzne the displaced persan has eontracted to rent or purchase a replacement dwel~~ng, the City wi31 extEnd the deadline. No person o~herwise eligible for payment, shall be d~ni~d such elig~.b~lity as a resu~t af his being unable, because of a ma~or state or national disaster, to meet the occupancy requirertents contained herein. In implementing the relocataon assistance latia, ~t is the zntent that special cansideration shall be given to assisting any displaced r~sident 62 years of age ar older ta locate or lease or rer-t a catnparable replacement dc~re.llzng. 3. [Sec. 617] Computation af Replacement Housinq Payment a. [Sec. 618} Rent Differential Paym~nt The amount of payment necessary far a displaced resident ta ~ease or rent a comparable replacemen4 dwelling shall be camp~xted by subtractinq forty-eight (48) times the base monthly rental af the displaced resident, from forty-~ight (48) t~mes the monthly rental far a comparable replacement dwelling; provided, that in no case may such a~rount exceed the difference between ~orty-eight (~8} 41 times the base monthly rentai and forty-eight (48) times the monthly ren~al actually required far the replacement dwelling occupied by the displaced resident. (1) Base Monthly Rental. The base monthly rental sha~l be the lesser af: (a) the average ~on~hly r~ntal paid by displaced resident for the 3-month periad prior ~a initiation af negotiations; and (b) twen~y-five percent (250) af the displaced res~dent's average monthly gross inco~~e. Whexe the displac~d resident was the owner of the dweiling from which he was displaced ar was not required to pay rEnt for that dwel~ing, ar where the rental ~s unrealistically low, ~he economic rent shali be used in li~u of the average r.lonthly rental to calculate base monthly rental. {2} Rental for Comparable Replac~~~n~ Dwellznq. The monthly rental for a comparable replacement dwelling sha1l be determined by the City using one of the fo~lowing methods: (a) Comparative P~l~thod. On a ease by case basis by determining the 1~st~ng renta]. of dwell~ngs which are most represer~tative of th~ acquired dwellang and r.~eet the definition of a comparable replacer:lent dwell~ng. Gvhenever poss~ble the ~isting zental of at least three dwellings shall be cons~.dered; or (b) Schedul~ !~'ethod. ~~here the City determin~s the comparative method ~s not ~easible, a.t may establish a schedule of reasonable rental charges for the various types of comparable replacement dcaellings. The City shall coaperate with other entities causing displacement in the ar~a to establish a uniforr~ scheduie. The schedule shall be based on a current ana~ysis of the market ta determine a reasonable rental charge for each ~ype of dwell~ng to be rented. The analysis may be confined to other sub-areas from wha.ch the persons are displaced or may cover several different sub-areas, if they satisfy or exceed the criteria far a comparable replacement dwelling. To assure the greatest comparability of dwellings in any ana].ysas, the analysis shall be divided into classifYCations o~ the typ~ of constructiion, number of bedraoms, and range of rental charges; or (c) Alterna~i~e Method. 6,There the City determines that neither th~ schedule, nor comparable method is feas~ble 42 in a given s~tuation, by the use of another reasonable methad se~ected by the City. ~dhichever ~ethod is selected the cost shall ~e updated within three (3~ ~onths of the date of rental of the replaeEment dvrelling. In calcu~.ating the base manthly rental and the rental ~or a co~parable repZacement dwelling the City w~ll ~nclude as a component of rent the cost or estimated cost of util~.ti.es, but not inc].uding telephone service. (dj Last Resort Housinq. Payments will be made to eligib~e displaced residential tenants in accordance with Section 7264.5 of ~he CaZifornia Government cade, Chapter 16, in accordance with procedures developed by the City. b. [Sec. 619] Downpayrient The downpayment for c,rhzch a payment specified in Section 615b may be made, shall not exceed the am~unt af a reasanab~e downpayment for the purchase of a comparable replacement dwelling where such purchase ~s financed, plus expens~s incident ta the purchase of a replacement dwell~ng computed ~n accordance with Section 610. The full amount of a downpayment shall be applied to the purchase of the rep~acement dwe~~~ng and shall be shown on the closing statement or ather clocument acceptable to the City. 4. [Sec. 620] Rental Payr~ents fo~ Displaced Homeowners and Dependents a . [ Sec . 621 ~ Ho~eo,~ners A displaced hoi:-eawner who elects to ~ent rather than purchase a repiaceMent d~ti~e~linq and ti•.ho ~eets the eligibility requirements of 5ection 616 zs eligible for th~ rent differential payment specifzed in Section 618. b. [Sec. 622] Dependents A dependent who is residing s~parate and apart from the person ar far~ily praviding support, whether such separate residence is permanent or temporary, shall be e~titled ~o payment under Section 63.4, but such payment shall be l~mited to the periad durinq which the displaced dependent resides in the replacement dwelling. For the purposes af this Sectian "dependent" shall be a person who derives fifty-one p~rcent (51%y or more o~ his incorne in the fo~'m of gifts~ from any private person or any academ~c schalarship or stipend. Fu11 t~me student~ shall be presumed to be dependents but may rebut this presumption by demonstrating that fifty percent ( 50 0) ar more of their ~ncor~e is derived fror~ saurces other than 43 gifts fx~m anoth~r private person or acade~ic scholarship or stipends. Dependen~s reszdang with the family of which they are a part sha~l not be en~itled to any payment except as a part of the fam~ly. F. [Sec. 623] Payments to Resi~ents Displaced from Mobile Home 1. [sec. 524] Payments Required The eligibility requirements and payment provisions of Sections 600 through 613 are applicable to displaced residents who are owners or tenants of mabile hames. 2. [Sec. 625] Movina Expenses: Retention and Mave of Mobile Home If a~obile home is moved to anather site and the displaced resident elec~s to be compensated for actual reasonable ~oving expenses (and not an alternate payment pursuant to Section 603), then the displaced resident shall be paid an amount for moving expensES determined in accardance with the applicable provisions of Section 703, Actual Reasanabl~ Mo~~ng Expenses for a d~splaced bus~ness. 3. [Sec. 626] Replacement Housinq Payments The City sha11 make a replacement housing payment tfl a displaced resident who displaced fron his ~obile hame in the following sltuations: a. A resident who otians a mobi~e home and site and as a replace~ent p~rchases both a dwelling and site shall be pravided a payment in accordanc~ with Section b04. A resident wha owns a~obile home and site, and as a replacement rents both a dwelling and site, shall be provided a payment in accordance with Section 614. b. A resident who rents a mobiie hame and si~e and as a replae~ment rents or purchases a dwelling and s~te, shall be provided a paymen~ in accordance w~th section 614. c. A r~s~dent who owns a nobile home and site, and as a replacement purchases a dwelling and rents a 5~te, shall be provzded a payment in accordance with Section 604 and 614. The payment shall be l~mit~d to the lesser of. (1) The amount n~cessary to purchase a conventional comparable replacement dwelling; and 44 (2) The amount necessary ta purchase a replacement nobile hame (in accordance with Section 604~ plus the amount necessazy to rent a replaca~ent site (in accordance with Sectian 614). In calculat~ng ~his a~ount, ~he economic rent for the site shall be used in lieu of average monthly rental to det~r~ine base ~onthly rent. d. A resident who awns a site from which he moves a mobile home shall be provided a payment under Sect~on 604 if he purchases a replacernent site and under Section 614 if he rents a r~placement site. e. A resident whQ owns a mQbile home which is acquired and rents the site shali be prov~ded payment as fallows: (1) If a mobile ho~e is not available the amoun~ required to purchase a conventional replacement dcaelling {in aCCOrdancE with Section 6~~); (2J The amount necessary ta purchase a replacement mobile home (in accordance w~th Section 604) plus the amount necessary ~.o lease, rent or make a down payr~ent on a replacer.~ent site (in accordance with Section 614); or (3) If he e~ects to rent a r~placement mobile home and site, the amount required ta do so in accordance with Seetian 614. In calculating this payment, the averaqe nonthly rental shall equal the economic rent for the r~obile home plus the actual rent for the site. f. Similar princip~es shaJ.J. b~ applied to other possible combinations of ownership and tenancy upon ~ahich a claira for payment r~ight be based. G. ~Sec. 527] Prora~ion of Payr~ents For the purpose o~ calculating an alterna~e payment under Sect~.on 603, or a replacement housing payn~nt under Section 604 or 614, two or more ir-d~viduals (whether they are members of one far~ily ~r not) living tagether ~n, and displaced fror~, a single dwelling shal~ be regarded as one displaced residen~. If two or ~ore such ~ndividuals submit r~are than one claim, an eligible claintant for a payment may be paid only his reasonable pro rata share (as determined by the C~ty} of the to~al payment app~icable to a sinqle displaced res~dent. The totaZ of thE payments made to all such cla~.mants moving fro~ the dwel~ing unit shall not exceed the total payment allowed to be made ta a single displaced resident. Where a tenan~ is sharing a single-family dwel~.ing with an owner-occupant, the tenant sha~l nat be entitled to more than one-half of ~he replacement haus~ng payment otherwise payable. The 45 owner-occupant shall nat be required to share the pay~ent to which he is entitled or to accep~ a prorat~d amount. 46 ':'he t~•ro ~~i~y hospi~als ~nal E each p~~tiare Hosnital :~iaster ?i~ns fcr th~ir arganizatio: al g~awth and change over ~~e '_0-1~ years ~ollowirg ado~t~on of ~ the ~an~ Use and C~rcFslation E?ernents. (These ~Ias~.er ?? ans shall ~e ~ons~cierea ~y Uhe Ci~y ~n ~reparzng ~he Specifzc Plans.} I=~ prepar~ng said Mastzr ?1ans, eacn hospital snal~ provide opportsnitaes for neighboring residents, ~roperty owners, and business Deople to partycipate in !~:dSL°X' F=d1: developr~nent . ~ny med.ical ar med~cal- reiatEd dpvelopmen~ proposed by ez~her rospital pr~or to Caty approval at ~ts res~ect~ve Speeific Plan shall be sub~~ct to si~e review and shall b~ at~pro~ed only if the development ne~tner pre~ udices ~he development and implementation ot the SpecifiC Plans, r.or adversely affects surraunding neigh~orhoods. Neither the Speci~~c Plans nor any s~~e review shall be adap~ect w~~hou~ publYc n~ar~ngs. * * * "1.13.3 ~ar~~ng structures developed in the CP D~.str~ct ~n which at least nalf of the spaces are prov3ded to address an existing parxing space der~c~ency or are ret~lac~ng ex~st~ng park~ng spac~s shall not be _ 2 _ connecti~n charges imposed by pub~ic utilities for starting utiZity service; g. A~ sole discretion of the City, th~ cost of any addition, i~provement, alteration or other physical change in or ta any structure or its preMises in conn~ctian with the reassembling, reconnection, or rainstallation of machinery, ~quipment, or other persanal prop~rty; the cost of any additian, improvement, alteration or other physicai change otherwise required to render such structure, premises, or equipment suitable fvr the business use; the cost af any additian, improvement, alteratio~ vr other physical change necessary to bring such struc~ure or premises lnto compliance with applicable building and safety codes; the cost of modifying the machinery, equipment, or other persona~ property ta adapt it to the replacement location ar to utilities avaiYable at ~h~ replacement location or the CbSt of modifying the pawer supply; claims far rei~burse~ent of all such casts shali ba sub~ect to the followTing limitations: (1) The cQSt shall be directZy related to displacement; (2) Rei~bursable costs shall be reasonable in amount; (3} The cost shall be found by the City to be r~quired by law or ordinance or to ~e otherwise necessary to the reestab~ishment a~ the displaced business; (~} The cost could no~ be avoided or subs~antially reduced a~ an al~ernate available and suitable site to which the business T~ras referred; (5) The City shall deduct, an ~he basis of a reasonable estimate, ~he amount, if any, reali~ed by the displaced business concern a~ campensation for cor~parable additions, improvements, alteratians or other physical changes to the structure and premises acquired, as part of the payr~~nt Made for the acqu3sition of such structure and premises; (6) Such payments as are subject to the conditions and limitations established by the City for the adr;zinistration af such benefits. h. The cost of any license~ perr~zt~ or certification required by a disp~aced business concern to the extent such cost is necessary to the reestablishment af its operatian at a new location; i. The reasonable cost of cansultants including: architects, engineers~ or others providing general or specialized services necessary far (i) planning the move of the personal property, ~8 or {i~) movzng the p~rsonal property, or (ii~) instailing the relocated persona~ property at the replacement location. Far purposes of this paragraph, and in order to avoid dtiplication af payment, al~ such services shall not be deemed "necessary" when the services have been or wril~ be provid~d by the City or consultants zetainEd by the City. The necessity of other ser~ices not provided by the City shall be determined by the City. Paym~nt for all of the above necessary services must be approved zn writing by the City prior to their use. Inforination on the area of expertise and the qua].ifications af such persans must be provided for review and a reasonab].e haurly rate or fee ~ust be approved by the City befare a~y costs are incurred, otherwise such services are not re~mbursable. An itemized state:~ent of all services shall be provided t~ th~ City stating the dates of such services; the location where services were prav~ded; and the name, address and telephone of person or f~rrt providing services. ~. Where an item of personal property which is used in connection with any business is nat moved but ~.s replaced with a comparable i~er~, reimbursement in an anount not to exceed the lesser af: (1) The reasonable replacenent cost of the personal.property, r~inus net proceeds (a.f any} real~zed from the sale of all or part of the property, (2) The est~x~ated reasonable cost of r~oving ~he personal property, as determ~ned by th~ Ci~y. In order to obtain a payment under this paragraph, the displaced business shall :~ake a bona fzde ef~ort to sell the pe~sonal property for {rhich the payr3ent is clai~ed at the highest pr~.ce otfered after reasonabl~ efforts have been r.iade over a reasonable perioc3 of tar~e ~o znterest prospective purchasers. The displaced ~usiness shall be reimbursed far the reasanabla costs of such effart to se].1 the tangible personal proper~y. k. The reasanable cost of advertising the nove, and of obtaining replacement business cards, stationery, and bus~.ness forms custamar~.].y kept by comparable business enterprises. l. Where, zn the ~udgment of the City~ the cost af moving any item of personal propezty o~ low value and high bulk which is used in connection with any business would be disproportionate in relatzon to its value, the allowable reimbursement for the expense of moving such property shall not exceed the difference between the cast of replacing the same with a comparable item available on the market and the arrount which would have been received for such property 4I1 Iiquidation. This pravisiQn may in apprapriate situat~cns be applied to ~9 claims involving the ~aving of ~unk yards, stockpzles, sand, gravel, r,inerals, metals~ and similar property. m. A displaced busxnes~ which cQnducts a lawful activity primarily for assisting in the purchase, sale, resale, manufac~ure, pracessing, ar marketing of products, commodities, personal property, ar services by the erection and main~enance of outdoor advertising displays is entitled ta paymen~ far the reasonable cost of mov~ng such displays or their in-place value, whichever is lesser. 2. [Sec. 704] Actual ~zrect Loss of Tanqible Personal Praperty A displaced business shall be compensa~ed for the actual direct loss of tangible personal property of the dlsplaced business attributable to noving or discontinuing such business. The tatal amount af the payment by the City for such loss shall not exceed an amount equal ta the estiriated reasonable cost of moving the personal property, as deter~ined by the City. Sub~ect to such limitation, the actual direct loss of personal property for which clair.is r[tay be fil.ed shal~ be determined by a~praising either: a. The in-use va~ue (fair market value of the personal property for cantinued use at its lacation prior to dlsplacement) r~inus net proceeds realized from the sale of alZ or part of the property; or b. The in-use value of personal praperty, in th~ event the praperty cannot be sold and ~.s abandaned. The actual direct loss of personal property shall be cornputed and based an an appraisal ob~.ained by either the City ar the displaced business, and a~proved by the other. In order to obtain a payment for ~he actual direct ~oss af personal property, the displaced business shall r~ake a bona fide effort to se~l th~ personal property for which the ~oss ~.s claimed at the highest price off~red after reasonable efforts have been nade over a reasonable period of tir~e to ~nterested prospec~ive purchasers. The reasortable aost of an effort to sell the pexsonal property shall be added ta the determination of loss under this Section. In the event personal property which is sold or abandaned is pramptly replaced with a comparable item, no paynent for the ac~ual direct ~oss of such p~rsona~ property shall be r~ade to the displaced business by the City; ~nstead, the displaced buszness shall be paid the amaunt specified in Section 703j. ~0 3. [Sec. 70~] Actual Reasonable Expenses in Searchinq for a Replacement Business Actual Reasonable Expenses incurred ~n searching for a replacement business 5ite which may include: transportation within a radius of fifty (50) miles fror,i the boundaries of the City af Santa Monica, meaJ.s and lodging if necessary, an amount to caver time spent durYng normal working hours (based ori ari actual confirmed hourly wage rate not to exceed Ten and No/Z00 Dollars ($10.00 per hour) and proven reasanable fees paid to a real estate broker or agen~. to locate ~o a new site. The maxa.mum totai amount of reimbursement for searehing expenses for a new locatidn is One Thousand and No/100 ($1,OOO.DO) R~ceipted invoices, bills, receipts, and a compl~ted City Searchinq Cost Farm must be certified and submitted for all expenses claimed. Casts incurred in inspecting sites beyond a fifty (50} mile radius are na~ eligible. Zn exceptional cases, and Gri~h prior wr~tten approval of the City Manager, an a3nount o~er the $~,000.00 may be authorized when circumstances warrant. C. [Sec. 706] Actual Reasonable Expenses To Reestablish A Sr~all Business ar Nonprofit Orqanization A small business or nonprofit arganization shall be cor~pensated ~n an anount not to exceed $ 10,000.00, for actua~ reasonable expenses necessary to reestablish the small business or nonprofit organization at i~s new site. D. [Sec. 707] Alternate Payments 1. [Sec. 708] DeterMination af Payments a. ~Sec. 7D9] Amount of Payment A dzsplaced business which naves or d~seontinues, and which meets the eligibility requirements of S~ction 710~ may elect to receive and shall be paid, in lieu of the payments for which it is otherwise entitled under Section 702, a payment equal to the averaqe annual net earnings of the business, except that such payment shall not be less ~han $1,000.{3b ar more than $20,OOO.QQ. Sa~d dollar limitation shall apply to a sing~e business regardless af whether it is carried on under one or more ~egal entit~es. b. [Sec. 710] Determinatzon of Nur~ber af Businesses In determininq whether one or more legaJ. entities, a~l of which have been acquired, constitute a single business, the following factors among others, shall be considered: ~l) The extent to ~rhieh ~he sa~e premises and equipn3ent are shared; 51 (2} The exten~ to which substantially identzcal or intima~ely interrelated business func~ions are pursued and bus~ness and financial affairs are co~m~ngled; (3~ The extent to 4:hich such entities are held aut ta the public~ and ta those custo~arily dealing with such entitie~, as one buszness; (4) The extent to which the same person ar closely related persons own, contro~, or manage ~he affairs of the entities. 2. [Sec. 711] Eliqibility a. ~Sec. 7~2] Business (Other than Nonprofit ~rqanization) A dzsplaced business is eligible for ~he payment provided for in S~ctian 708 only if the Caty determines that: (1) The business cannot be reloCated without a substantzal loss of its existing patzonage, based on a consideration of all pertinent circumstances including such factors as the type of business canducted, the nature of ~he clientele, the relative importance to the disp~aced busin~ss of its present and praposed locata.on~ and the avallability of a suitable relocation site; (2} The business is not part of a cor~r~ercial enterprise having another e5tab~ishment wh~ch is not being acquirEd for a projec~ and which is enqaqed in the same or similar business. (3) Fo~' purposes of this sectian, the term "average annual net earnings" r-eans ane-half of any net earnings of the business befare federal~ state and local income taxes during the two taxable years immediately preced~.ng the taxable year in which the business moves fro:~ the real property being acquired. In any case the City determines that the ~.wa (2) year period przor to dzsp~acement is nat repr~sentative of the average recezpts, earnings, or incomat it may make use af a more representati~e period. ~f a displaced bus~ness daes not meet any of the above conditions~ ~he City may neverthel~ss pay ~t the $1,004.00 mznimum amount, provided that the City otherwise de~ermines that such business is in fact a bona fide business. A persan whose sale business at the displacement dwelling is the renta~ af the property to others shall nat qualify for a payment. 52 b. [Sec. 7Z3] r~Tor.prof~~ Orqanizatzon In the case of a nonprofit organiaation, no payment shall be riade under Sectzon 709 unless the Ca.ty determines thatt (1) The nonprofit arganization cannat be relocated withou~ a substantial loss of its existing pa~ronage {the term "patronage" as used herein includes the r~embership, persons, community, or client~le served or affected by the activities of the non-profit organization}; and (2) The nonprofit organization is not a part af an enterprise having at least one other establishment not being acquired wh~.ch is engaged in the same or similar activity. 53 VIII. [Sec. 8Q0] RESERVE~ ZX. [S~c. 900] CLAIM AND FAYMENT PROCEDURES A. [Sec. 901] Falinc~ of Claims All claims for re~ocation assa.stance and payments filed with the City shall be subriitt~d witl~in eighteen (~8} months of the date on which the c~.aimant receives final payment far the praperty or the date on wh~ch claimant moves, whichever is later. The City may ex~end this periad upon a proper showing of qaad cause. B. [Sec. 902] Documenta~ion in Support of Claim l. {Sec. 903] Nlovinq Expenses a. {Sec. 904] Cor~merciai Moves Excep~ in the case of a displaced resident or displaced business electing to self move~ a claim for payment of actual reasonable moving expenses shall be supported by a bill or other evidence of expenses lncurred. Each claim in excess of $1, 000 ~or the costs incurred by a d~splaced bus~ness in moving the business operation shall be supp~rted by co~petitive bids in such number as are practical. If the City determines that corpliance with the bid requirement 3s impractical, or if esti:-1at~s ir~ an anount less than $1,000 are obtained, a clairl r~ay be supported by estimates in I1eu of bids. b. [5ec. 905; Self t•?oves ~~Tithout dacumantation of ~oving expenses actually incurred, a displaced resident or displaced business elect~ng ta se~f move may submit a claim for noving expenses to the City in ar- amount not t~ exceed the estimated cast of r-3oving commercially. The es~ir,~ated cost of moving commercially sha~l be based on the lowest responsibla bid or estimate from at least two (2) reputable moving firms submitted by the cla~mant ~o the City prior ~o ~he move. The estimated cast of r~oving coM:~ercially shall include the cost, if any, af obtaining bic~s o~ estinates. Reasonab~e adver~is~.ng costs related to the move or the sale of persanal property in lieu of rioving it are compensable. Usual advertising costs associated with operating the business are not eligible. c. [Sec. 906] Exemption from Public Utilities Car~mission Requlat~ons Ldhenever the City ~ust pay the actual cos~ of moving a displaced person, the costs af such move shall be exempt from 54 regulation by the Public Utilities Con~ission. The Ci~y may solicit competitive bids from qualztied ~idders for perf armance ~f che work. Bids sub~~tted in response to such sa~icitations shall be exempt from regulation by the Public Utilities Commissian. 2. [Sec. 9D7] Loss of Property A claim by a displaced business for payment for the actual dzrect loss af tangible personal property pursuant to Section 704 sha~l be supported by written evidence of lass which may include appra~sals, certified prices, bi11s of sale, receipts, canceled checks, copies of adveztiseMents, offers to sell~ auction records, and other records appropriate to suppart the claim or the City may agree as to th~ value of the property left in place. 3. ~Sec. 908} Praaf af Earninqs If a displaced b~siness elects to receive an a~ternate payment pursuant to Section 707 bus~.ness shal~ provide proaf of its earnings to the City. Proof of earna.ngs may be established by ancor~e tax returns, financial statements and aecounting recards or sir~ilar evidence acceptable to ~he City. C. [Sec. 9fl9] Payment of Movinq Expenses 1. [Sec. 910] Advance FayMent An eligible dzsplaced resident or displaced business may be paid for his antzcipated naving expenses in advance of the actual move. The City shall provide ad~ance paynent whenever later paytnent wou~d result ~n financial hardship. Particular consideratian shall be given to the financial li:~zta~aons and diff~cuities experienc~d by ~ow and moderate ~ncome residents and sr,~a11 business operations. 2. [Sec. 91~] Dlrect Payment By prearrangement between the Clty, the displaced resident or displaced business, and the nover, evidenced in writing, the claimant or the mover may present an unpaid noving bill ta the City~ and the City may pay the r.~over directly. 3. [Sec. 912] Methods Not Exclus~ve The spec~fic provisions of these Ru].~s and Regulat~.ons are not ~ntended to preclude the Cz~y's reliance upon other reasonable m~ans of e~fecting a mo~e, includ~.ng cantracting moves and arrangYng far assignment af r~o~~ng expense paymen~s by displaced persans. ~~ D. [Sec, 913] Payments for Replacement Dwellinqs 1. [Sec. 914] Payment for Purchase of Comparable Rep~acement D~rellinqs a. ~Sec. 915] D~sburse~ent When the C~ty has deternined the amount of the payme~t for purchase of a comparable replacement dwelling to which the displaced resident is entitl~d and has verified that the displaced resident occupies a comparable replacement dwelling, payment sha~l be made to the displaced res~dent. b. [S~c. 916] Provisional Payment Pendinq Condemnation If the exact amount of a replace~ent hous~ng payment cannot be determined becaus~ of a pending condemnation s~it, the City may make a provisional replace~ent housing payment ta th~ displaced homeowner ~quai ta the dzfference between the City's maximum offer for the property and the reasonable cast of a comparable replace~ent dwelling, but only if the ho~eowner enters in~a an agreement tha~ upon final ad~udication of the condemnatian suit ~he replacement housing paym~nt will ~e recomputed on the basis of the acqu~sition price determined by th~ court. If the acquisition price as determined by the court is greater than the maximum offer upvn which the provisional rep~acement hausing paymen~ is based, the difference shall be refunded by the homeowner to the City. If the acquisitlon price as determined by the caurt is less than the max~mum af~er upon which the provisional replacement housing payment ls based, the difference shall be ~aid ta the hameowner. c. [Sec. 917; ~ertificate af Eliqibility Upan request by a displace~ homevwner er tenant wha has nat yet purchased and accupied a camparable replacernent dwelling, but who is otherwise elig~ble far a replace~ent housing paym~nt, the City shall certify to any interested party, financial institution or lending agency, that the disp~aced hameowner or tenant will be eligible for the payment af a specif ic sum if he purchases and aecupies a dwelling within the time limits prescribed. 2. [Sec. 918] Rent Di~ferential Payments When the City has determined the amount of the rent differential payment to which the displaced resident is ~n~it~ed and has verif~ed that the displac~d resident occupies a comparable replacemen~ dwelling, payment shall be made to the displaced resident. The payment shall be made in a lump sum, unl~ss ~he displaced resident requests disbursement5 on anather basis. If the di$placed resident request such in writing, the City shall make arrangements for payment in annual or more frequent installments. 56 The City may pay the first and last months rent in advance, to be credited toward th~ rent differential payment when made. E. [Sec. 9191 Assistance and Payments ta Persons Movinq taithout Not~ce If the City fails t~ inform any eligible displaced person of the reloca~ian payments and assistance that may be made available by the City in a timely manner, the City shail make every reasonable effort to id~ntify and locate such person wha has moved. Eligible displaced persons who move w~thout offers of assistance and benefits, after the City was required to offer assistance and benefits, shall be pravzded a~l stzch assistance and payments for which they otherwise qua~ify. When apprapriate, the City sha~l a~so compensate such persons far addit~onal costs incurred as a result of the City's failure to provide timely natice and offers of relocation assistance and benefits. F. [Sec. 920] Terr~inatior~ af Relacation Assistance The City's relocati~n obligations cease under the follow~ng circumstances: l. A displaced resident moves to a comparable replacement dwelling and receives all assi.stance and payments to which he is entitled; 2. The displaced resident moves to substandard housing; refuses reasonab~e offers of add~tional assistance in moving to a decent~ safe and sanztary replacer~ent c3we~ling and receives all payments ~o wh~ch he is ~ntitled; 3. Al1 reasonable effor~.s to trace a person have fa~led; 4. The business cancern has recelved all assistance and payments to wh~ch it is entitl~d and has been successfully relocated or has ceased aperations; 5. A person displac~d from his dwe~ling or business refuses reasonable offers af assistanc~, payments and comparable replacement dwellings. a7 X. [Sec. I000] GRIE[~ANCE PROCEDLYRES Purpase: The purpose of the Gr~.evance Procedures is ta attempt to resolve disputes betS~een the clair~ant and the C~ty at the ~owest p~ssible admznistrat~ve level ~vhile affording the claimant an opportunzty to have a full and fair review of h~s case. Therefare~ all relevant evzdence should be presented at the lowest level of these proceedings. In any case where such evidence could ha~e been presented at a 3.ower level and the cla~.mant failed to do so, the City Manager and/or the City Caunczl ma~ refer the matter back ta the lower ~.evel for consideratian and determinat~on prior to their cansidering such evidence. A. [5ec. 10D1] Right of Review Initial Determinatior~: Any displaced person or business who ~s not satisfied wi~h a deterr~ina~.a.on as to eligibilzty, amount of payment, and failure by the City to provzde comparable perr.ianent or adequate temporary replaeemant housing or the City's property manac~ement pxactices, 4r ~rho feels that City staff is non-re~ponsive or insensitive to his needs, or not properly applying apprapriate regu~ations, at his elect~on, may have his claim reviewed and reconsider~d in accordance with the followinq procedur~s. A c~aimant shall zequest the City's designa~ed representative ta pravide him ~aith a full :,~ritten exp~anation of the deterr~~natian and the bas~s therefore, :tihich explanation shall be prov~ded within twenty ane (2Z) days from the date of receipt of the request. B. [Sec. ~a02] Infarmal Ora2 Presen~ation C~ty Manaqer's Revieca: If the claiMant feels that the written explanation is incorrect or YnadeqttaCe, he r~ay request an informal hearinq eri~h the City rlanager or ~he City Manager's deslgnee. The r'ight to a forr~al revievr and reconsiderat~an sha~~ not be condi~ioned upon requesting an informal oral presentation. l. To obtain an znformal hearing before the City Manager, c~.aimant must cor,splete a relocation complaint farm with the City Manager within ( 540 ) days from the date he moves from the acquired property or receives final compensatian fo~' displacement from the property~ whichever is later. a. Within f ifteen (~5) days fran the date af receipt of claimant's Relocation Complaint for~ for an informal hearing~ he t:zll ~e afforded an opportunity to make an oral presentation, or ~o request a written rev~.ew by the City Manager or City Manager's design~e of the relevant documents and tiarztten materials submitted by the claimant. 58 b. The claimant may be represented by an attorney ar other person af his choosing at the oral hearing (at the cost of the claimant) . c. The City Manager shall pre~are a sv.mmary of the matters discuss~d and deterr~inations made during the informal hearing, or w~-itt~n review, and serve a copy thereof upon the claimant. d, The City Manaqer shall review and reconsider the initial determination of the claimant's case in light of- - Al1 material upon which the City based its original determination inc~uding all applicable rules and regulatians; - The reasons gxven by the cJ.a~mant for requesting review and reconsidera~ion of h~s cla~.m; - Whatever add~tional t~rritten material has been subnitted by the ciai:~ant; and - Any further informatian which the City Manager may in his discretion, obtain by request, investigation ~r research, to insure fair and fu11 ~eview af the claim. 2. The final determination an review by the City Manager shall include, but is not ~imited to: a. The City ~4anager's decision on recansi.deration of the claim; b. The factual and leqal basis upon which the decision is based, lncluding any pertinent explanatiatt or ratzonale; and c. A statement of cla~mant's r~ght ta seek 4rith~n (45) days further revie~,r of his claim by the Ci~y Counczl and an explanatiott of the steps the cla~na~t must tak~ to obtain this review. 3. The right to a formal hearing shall not be eonditianed upon first abtaining an 3nformal hearing by the City Manager. C. (Sec, 1003] R~quest for Forr~al Review City Council Review: If the claimant feels that the City Manager's determination following the informal aral hearing, or ~ar~tten rev~.ew by the City Manaqer is incorrect ar ~nadequate~ he may request a formal hear~ng before the City Counca.l. 59 To obtain a formal hearing be~ore the City Council the claimant must request in writing that the City Manager schedule such a hear~ng. Such request shall be made within thirty {30) days fram the date af the City Manager's deternYnation fol~owing the informal hearing or the City P~anager's written review. The c~a~mant may include in the request to review any statement of facts within the claimant's knawledge or belief ar 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 Council shal~ eonsider every aggrieved person's complaint regardless of forn, and sha11, if necessary, provide assistance in preparing the written request for review. 1. Within forty five {45) days fram the date o~ receipt of claimants ~rrltten request, he will be notified of the farmal hearing date. ~f the claimant requests additional time to prepare material far consaderation and shows good cause therefore, the hear~ng da~e shall ~e continued to anather date. ~. The City Council or its designee shall have the authority to revise the anitial deter~ination or the determinat~on made at an informal hearing. 3. The City Council shall, at the time it giv~s notzce of the forr~al hearing date, notify the claimant that he has the right to be represented by an attorney or others at his own expense, to pre~ent his case by oral ar docur~entary ev~dence; the right to submit oral ar documentary evidence; the right to submit rebuttal evidence; and the right te seek ~ud~c~.al review once the ad;ninistrat~ve appeal has been exhausted. 4_ The City Council or ats des~gnee shall rev~ew and reconsider the ini~ial c3etermination and/or the detErmination nade at an infornal hearing taking into consideratian all mater~al upQn which the challenged deterMinatian was made, all app~icable rules and regulations, the reasons g~ven by the claiman~. for requesting review, any additianal relevant evidence, oral ar documentary, submit~.ed by either the claimant vr the City's representatives. Any further information which the City Council or its designee, in its discretion, obtains by request, investigatzon, or research, to insure fair and full revie~r of the c~aim. Na evidence may be relie.d upan by the City Council or its desagnee 64here the claiman~ has been improper~y denied an oppartunity to rebut evidence or cross-examine a w~tness. 5. The City Council or its des~gnee sha~l make its d~termination within forty five (45) days frors the date on whlch the farma]. hearing is conc7.uded ar the date af receipt of ~he last ~a material submitted, whichever i5 later. In the case of a finding of dis~~ssal for unti~eliness or for any other reasan nat based on the merits of the cZai~, the de~ermznation shall be issued within fourte~n (14) days of the termination of the hear~ng. 6. The City Council's or ats designee's determination shal~ be made in writing and shall contain its decision, the factual and ~egal bas~s upon which the deci~ion i~ made and a statement infarm~ng the claimant af his riqht to seek ~udicial review of the C~~y Council's determination. 7. The findings and recommendatidns of the City Council or ~ts designee shal~ include, but shall nat be lim~.ted to: a. Whether the C~.ty has complied with State law and where applicable with Federal law, perta~.ning to reZocation; b. The reco~~r~endatinns af the City Council or its designee, incZuding any recomr~endation for modification ar reversal of the C~ty Manager's or his d~signee's initial determinatian; c. The factual and legal basis upon which the findings and recommendatlons rest, including any pertinent explanation or rationale. 8. The findings and recommendations af the City Council or its designee shall be ~r~ailed to the clai:~ant. The claimant shall be dee:~ed to have exhausted his adm~nistrative remedies upon the City Councll's issuance of its findings and recor~mendat~ons. D. [Sec. 1004] Tir~e Limits General: The City Manager :~ay extend any of the time lim~ts specified in this Article upon a shaw~ng of good cause. E. [Sec. 1005] Review of Files 8y Claimant The c~azmant may inspect a~l files and records bearing upon his claim or the prosecution of the claimant's grie~ance, except ta the exten~ the confidentiality of the material sought or the disclosure thereof is protected or prohibited by law. The City may impos~ reasonable conditions on such right to inspect. If a claimant is improperly denied access to any relevant materia~ bi bearznq an the claim, such nateria~ may not be relied upan in reviewing the initial det~rmination. F. [Sec. 1006~ Effect of De~erminat~on Determinations made by the City sha11 be applicable to all eligible persans in similar situations regardless of whether any such eligible person seeks a review. A11 written deterrninat~ans shali be filed in the records of the Ci~y and shall be deemed public records. G. [Sec. 1007] Riqht ta Counsel Any claimant has the right to be represented by an attarney at his expense at any and al~ stages of the proceedings set forth in this Art~cle. H. [Sec. lOQ8] Further Rev~ew If the City denies the eligihility of a claiman~ for a pay~ent, ar disapproves the fu~l amount c~aimed, or refuses to consider the claim an its merits because ~f untiMely fil~ng, or any other gro~nd, the City's notification to the cla~mant of its determination shall inform the claimant af its reasons therefore, and shall also inform the clait:~ant af the applicable grocedures for obtaining further review of this determination. These regulations prescr~.be the City's procedures for granting adz;linistx-ative relief to any per~on aggrieved by a determinatian a5 to eligibil~ty for a pay~r~ent authorized ~y the Lnifor~n Relocation Assistanc~ and Real Property Acquisitian Palicies Act of 1970 and the State of Cal~farnia Gavernment Code Section 7260, et. seq., with regard ~a the obligation of the City to refer such person ta an adequate replace:~ent dwelling or to any person aggrieved by a determinatian as to eligibility for a payr~ent authorized by the above legislatian ta providE the opp~rtunity for h~s application to be reviewed by the appropriaCe departr~ent respansible for administerYng such payments. I. [Sec. 1~09] sevexability Severability: If any provision of these rules and requlation~ or the application ther~of to any persan or circumstances is held inva~id, such invalidity shall not affect other provisions or appl~cations of this law which can be given effect withaut the invalid pra~ision or applicatian, and to this end the provisians o~ this law are severabl~. J. [Sec. 1010] App~ication of Rules & Requlations Applicatian of Rules: These rules and regula~ions shall be applicable on or after th~zr effective da~e of adoptian of the 62 City. K. [Sec. 1011] Amendments Amendments: The City reserves the right to amend these ru~es, regulations, procedures, and polaczes. L. (Sec. 1012] Joint Comp~ainants Where more than one person zs aggrieved by the failure of the City to refer them to camparable permanent or adequate temporary - replacement ho~sing the complainants ma~ join in fi~ing a single written request for review. A de~ermination shall be made as herein provided for each af ti~e camplainants. M. [Sec. 1413] Recammendations by Third Party Upan agre~ment bettleen the clainant and the City, a mutually acceptable third party or parties :~ay review the clazr,l and make advisory recommendations ther~on to ~he City for its ~inal det~x'r~ination. In reviewing the claim and riaking recommendations to the City, the third party or parties shall be guided by these Rules and Regulations. N. [Sec. 1414] Judicial Review Nothing zn these Rules and Regulatzons shall in any way preclude or lir~it a claimant from seeking 3udzcial review of his claim upon exhau~tion of such administrative remedies as are avaiiable. 63 XI.[Sec. 1100] ACQUISITION PR~CEDURES A. [Sec. 1101] Acqu~sition of Prnperty by Neqotiation The City shal~ make every reasonable effort to acquire property by negotiatian and to do so expeditiousiy. In order ta do so the Cit~ shall, to the greatest extent practicable, be guided in its property acquisition prac~ices by the provisions of this Section ixao. P~ovided however, that the provisions of Sec~ions 1102, 1103, 1106 and ~108 sha~l not apply to the acqu~sition of any easement, right-of-way, covenant, or non-possessor interest in real property to be acquired for the construction, recanstruction, alteration, enlargement, maintenance, renewal, repair, or replacement of subsurface sewers, water Zines or appurtenances, drains, septic tanks, or storm water drains. B. [S~c. 1102J Appraisal ot Property Before negot~ations are initiated ta acquire property, the C~ty sha11 have the prQ~erty appra~sed, givinq the owner or his designated r~presentative an opportunity, by reasanable advance wr~tten notice~ to accompany the appraiser during the inspection of the property. C. [Sec. 11~3] Notice of Decision ~o Appra~se l. [Sec. 1104] Cantents of Notice The City shall pravide ~he owner ~ith ~~rit~en notzce af its decision to appraise the real property as soon as possible after the decision to appraise has been reached. The natice sha11 state, as a minimu~, Chat: a. A specific area is beznq cans~dered for a particular pub~~c use; b. The owner's proper~y is located within the area; c. The owner~s property, which shall be generall~ described, may be acquired in connectian with th~ public use; d. The status of tha City's dec~sion an whether ar not to acquire the prQperty, including a statement that no det~rminatian has been made by the C~ty to acquire the p~operty, if such be the case; and, e. A statement that the owner ar h~s representative (des~gnated in writing) sha11 be given the opportunity to accompany each appraiser during his inspect~on of the property. 64 2. [Sec. 1105] ~nfor~atian Statenen~: Property Acquzsition ProcEdures At ~he time the City notifies an ocaner of its decision to appraise real property it shall furnish the owner with a written Explana~ion af its Zand acquisition procedures~ describing in non-teChnical, understandable terms the City's acquisition procedures and the principal rights and options available to the owner. Sueh state~ent shall infarm the owner of the property that if the City decides to acquire th~ subject property certain prescribed land acquisition pracedures will be followed and the statement shall ~nclude the fal~ow~ng explanations: a. A description af the baszc ob~ective of the City's land acquisition proqrar~ and a reference to the avaiiability of the City's staterient covering relocation benefits for which an owner occupant r~ay be elig~bZe; b. A statement that, if ~he acquzsition of any part of the real property would leave the o~~ner with an ~neconomic r~mnant, the City wi11 offer to acquire the unec~norrEic remnant, if the owner so desires; c, A state:nent tha~., if the owner of real property is a~so the awner of a business cond~cted on the real praperty to be acquired. or on the remainder, he has a possibZe right to compensation far loss of goodwill. The City shall inc~ude a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure, Sectian 1253.510 et, seq,); d. A stater~ent that, af the o~~ner is not satisfied with the Czty's offer of ~ust conpensation h~ wzll be given a reasonable opportunity to present relevant mater~al, which the City will carefully cons~der, and that if a voluntary agreeMent cannot be reach~d the Cit~~, as 5odn as possible, will ezther hold a hear~ng in conneciian ~aith the matter of a resa~ution of necessity or g~.ve a notice that zt does not intend~ at this time, to proceed with any acquisition of the praperty. e. A staternent that, construc~.zor~ or development af a projecC shall be scheduled that, ta the greatest extent practicab~e, no person ~awfully accupying real property shall be required to move fror~ a dwelling (assuming a cor~parable replacement dwelling will be available~ ar to move his business wi~.hout at ~east 90 days wri~tEn notice from ~he City of the date by wh~.ch the move zs required; f. Subsequent to acquisitzon or an Order o~ Prejudgmen~ Possession, a statement that, ~f arrangements are made to rent the property to an o~aner or his tenant for a short term or far a period subject ta term~nation by the City on short natice, 65 the rental M~311 not exceed the lesser of the fa~r rental value of ~he property to a short term occupier ar the pro rata portion af the fair market value for a typical rental period. If the owner or tenant is an occupant of a dwelling, the rental for the dweliing shal~ be within his fznancial means. ~. [Sec. 1106] Establishment of Just Compensation Before negotiations are initiated to acquire property, the City shall estab~ish an amount it bel~eves to be just compensation far the property, which amount shall, in no event, be Iess than the City's appro~ed appraisal af the fair r~arket value of the property. The determanation of just compensation shall be based upan consideratian of: 1. The real praperty being acquired; and 2. Where the rea~ praperty acquired is part of a larger parcel, the in~ury or benefit, if any, to the remainder. Any c3ecrease ar increase in the fair r~arket value of real property to be acquired prior to the date of valuation caused by the project for which such praperty is acquired, or by the likElihaod that the property SdDllICI be acqu~red for such proaect, other than that due to physzcal deterioration within the reasonable cor-~.rol of the owner or occupant, will be disregarded in deterr,~ining the cor.~pensat~an for the property. E. [Sec. 1107] Unecanor~ic Remnant whenever a part of a parcel of property is to be acqua.red by the Ci~y for a publ~c use and the remainder, or a portion af the remainder, w~ll be left in such size, shape or c4ndition as to constitute an unecQnamic remnant the City sha~.l offer to acquzr~ the remnant zf the os,rner so desires. An uneconor~ic remnant is a parce]. of real property in ~~hich the owner retains an interest after partial acquisit~on of this property and which has li~tle or no utility or value ta such owner. F. [Sec. 11a8) Inztiatian af Neaatiatians 1. ~5ec. 11~9~ 6dritten Offer The City shall r~ake its f~rst written offer to acquire the praperty as soon as practicable fo~lowing service of the Noti.ce af Decis~an to Appraise. Such offer shall be r.~ade as saon as passible after the amount of just conpensation is established, and for the full amaunt so establzshed. 66 2. [S~c. 1110] Statement of ~he Basis af Just Compensation At the time the City ~akes its offer to acquire the property it shall provide the owner with a written state~ent ~f the basis for determination of ~ust compensatian. The statemEnt shall include the following: a. A general statement of the public use for which the property is to be acquired; b. A sut~iciently detailed descrlption of the location. and extent of, and interest ~n, the property to be considered at a hearing on a resolu~ion of necessity, which is required prior to ins~ituting any cnndemnatian action; c. An inventory identifying the buildings, structures, fixtures, and ather impravements; d. A recita~ of the a~ount of ~he offer and a statement that such amaunt: (1} Is the full amount beZieved by ~he City to be just compensation for the proparty taken; (2) Is not less than the approved appraisal of the fair market value of the prop~rty; (3) Disregards any ~ecxease vr incxease in the fair market value af the real property to be acquired prior to thE datE of valuat~on caused by the pra~~ct far whzch the property is to be acquired, or by the ].ikelihood that the property would be acquired for such praject, other than that due to physical deterioration cvithin the reasonable control of the owner ar occupant; {4) Does not reflect any consideration af or al~owance for any re~ocation assis~ance and payr~~nts or other benefits which the owner is entitled to receive under an agreement with the City; (5) Does not reflect any consideratzon for loss of goodwill for which the owner may claim payment under pracedures set fo~th in the Ci~y's Re~ocatian Rules and Regulations Far Imp~ementation af the California Relocation Assistance Law and Property Acquisi~ion Procedures. The City shall include a copy of the pertinent provisions of the Eminent Domain Law (Code of G~vil Procedure, Section 1263.~10 et, se .) and these Rules and Regulations. e. A statement that, if the real praperty to be acquzred is owner occupied residential praperty and contains no r,lar~ than four 67 residential units, the homeowner shall, upon request to the City, be a~lawed ta revieL~ a copy of the appraisal upan which the affer is based. - f. If the real proper~y is a portion of a larger parcel, the statement shall include an apportionment of the total estimated ~ust campensation for the partial acquisitian between the value of the property being taken and the amount of damage~ if any, to the remainder of thE larger parcel from which such property is taken. G. [Sec. ~111~ Lass of Goadwill Nothing in this Section 1100 shall be canstrued to deprive a tenant of the right to obtain payment for his property interest as otherwise pravided by law. As soon as practicable af~er the in~tiation of negotiations the City sha~1 provide wr~tten notificatio~ to the owner of a business conducted on the real property to be acquired or on th~ remaznder, who is nat also the owner of the real praperty, concerning hzs possible right to compensat~on for loss of goodwil~. The City shall include a copy of the pertin~nt provisions of ~he Eminen~ Domain Law (Code of C1v11 Proeedure, Section 1263.510) and these Rules & Regulations. H. [Sec. 1112] Compensation for Loss of Goodwill Notwithstand~ng any other provisions of Sec~ion 1100 to the contrary, the procedure for determining and offering compensation for loss of good~~ill in connection ~~ith the City's acquisltion of any property shall be governed by Sections 1113 through 1119. ~, fSec. 1113] Compensation Genera~ly Cvath respect to the o:aner of a~usiness c~nducted on praperty acquired by the City, or on the renainder if such property is part of a larger parcel, the amount of ~ust co~pensation to be paid by the City may include consideration of loss of goodwill, to the extent required by law and these Rules and Regula~ians. Within the neaning of this Section 1~12, "goodw~ll" consists of the benefits that accrue to a business as a result of its location, reputation far dependability, skill ox quality, and any other circumstances resultinq in probable retention of old az acquisitian of new patronage. In vrder to be entitled to compensat~on on loss of goodwill such owner of a business shall first have praved all of the follQwing: 68 a_ The lass is caused by the acquisition of the property or the injury to the remainder; b. The loss cannot reasonably be prevented by a r~location of the business or by taking steps and adapting procedures that a reasonabiy prudent person wot~ld take and adopt in preserving the goodwill; , c. Campensation far the loss will not be ~ncluded in payments under Section 700 af these Rules and Regulations; d. Compensatian far the lass wi].l nat be dupl~cated in the campensation atherwise }aaid to the owner. 2. [Sec. 1Z14] ~vo~ice af Tn~ent to Claim Loss af GoodT~ai ~ 1 Prior to a business completing its r~location from proper~y acquired by the City, cr prior to the date such business discontinu~s, the o~lner Qf such bus~ness r~ust notify the City that it intends to provide satlsfactory docur~en~aticn af items a. ~hrough d. in Section Z113. 3. ~S~c. 111~] Conferenc~ to Discuss Eliqibi3ity to Recelve Compensatl~n for Loss of Gaodwill Upon r~ceipt af the notice required by Section 1114, the City Manager of the City pr designee shall confer with the claimant regarding the issues set forth in S~ctian 1113. Based upon review and considera~ion of inforr~ation presented a~ said conference, the City Manager •,aill rlake a reco:~:~enda~.ion to the City as ta whether or nat a goodwill appraisal shouid be made. The recammendation of the City £~anager shall be communicated to the City; ~f the City canc~zrs in the recommendation, the City shall atzthorize a goodwill appraisal, provided that ~.t shall 3~e for the purposes af negotiatian and shal~ not be bindinq upon the C~ty. In the event that the City does authorize an appraisal of goodwill, notice of this decision ta appraise sha~l be qiven to the business owner/claimant. 4. [Sec. 1116] Business Rec~rdsf Authorization to Nec{atiate If the determination to appraise loss of goodwill is made as prov~ded in Sectian 11I5 the oGrner of the business shall provide to the City such business records a~ the City may requlre, includinq, but not iimited ta federal and state income tax returns, fxnancial stater.tents and accounting records, far canfidential use for the purpose of appraising the loss af goodwill of the business. The City shall thereafter authorize negotiations with the business 69 owner/claimant regarding ~he claim for lost goodwil~ shall be not less than the amdunt of the City`s approved appraisal of the loss of goodwill of the business. 5. ~5ec. 1117] Calculatzan of r~et Amount of Jus~ Campensatian for Loss of Goodwill f~r Negatiation Purposes The City sha11 calculate the amount it beli~ves to be the net amount of 3ust compensation for lass of goodwill to which the business is entitled, considering: a. The amount fihe City believes for negotiating purposes to be the total amount of loss of goodwill of the business; and b. Any compensa~ion for loss of goodwill the City determines is inc~uded in pay~ents mad~ or to be made under Section 700 of these Ru~es and Regulatians. 6. [Sec. 1118] No~.ic~ to Owner; ~~Tritten Offer As soon as possible after the net ar~aunt of ~ust compensation (if any) for loss of goodwill has been calculated, the City shall make its written affer to the business awner/claimant ta c~mpensate the claimant ~n such amount. 7. [Sec. 1119j Eminent Domain Notwithstanding any other provzsian of Secti.~n ~112 to the contrary, in the event an eminent domain proceeding is brought by the City to acquize any praperty, the owner of any business thereon sha~l seek compensation for loss of goodwill in connection with such proceeding, and the failur~ ta do so shall constitute a waiver of campensatian f or loss of good:+~i ~ 1. I. [Sec. 112Q? *leaot~at~on~; E;^~nent Domain Prior to the cor~mencement of an eminent dor:~ain proceeding to acqu~re real praperty: 1. The Ci~y sha~l make reasanab~e eftarts to discuss with the owner its offer to purchase the owner's real property; 2. The owner shall be given reasonable apporttinity to present material which he believes to be relevant as to the question of value and to suggest modif ication in the proposed terms and conditi~ns of the purchase, and the City shall carefully consider th~ owner's presentation; 3. If the evidence presented by an awner or a material change in the character or conditian of the property ~.ndicates the need for a new appraisal or if a signif~cant delay has occurred -~ o since the determinatian of ~ust compensation, the City shall have its appzaisa~ updated; 4. If a mod2fication in the City's determination of just compensation is warranted, an appropriate price ad~ust~ent shall be ~ade and the new account determined to be ]~st compensation shall be promptly offered ~n writing to the owner. In no event shall the City eith~r advance the time of condemnation, or defer negotiations or condemnation and the deposit af funds in court for the use af the owner, or take an~ other action coercive or mzsleading in nature, zn order to compel ar induce an agreement on the price to be paid for the property. If any interest in praperty is ta be acquired by exercise of the power of eminen~ domain, the City shall promptly institute formal cond~mnation proceedings. The City shall not intentianally make it necessary for an owner to ins~itute legal proceedings ta pro~e the fact of the taking of his property. J. [Sec. 1121] Notice of Decision Not to Acquir~ Whenever the City has fortaarded a Not~ce of Intent to Displace, a Notice of Decision to Appraise, or has made a firm offer and subsequently the City decides not to acquire the property, the C~ty shall serve a not~ce in writing an the owner, all persons oecupying the property and al~ other persons potentially eligible far relocatian paym~nts and assistance. The natice sha~l s~ate that the Czty has decided not to acquire the property. It shall be served not la~er than ten (~0) days following the date of the City decision not to acquire. Upon recezpt of such notice any person shall be deeme~ nct to be a displaced person. K. [Sec. 1122] Incldental Expenses If the real property is aequired by purchase, the City shall reimburse the owner, for all reasonable expenses the owner nece~sarily incurred incidental ta the conveyance of s~ch property ta the City. A~ong the expenses requiring payment are th~ following: 1. Rec~rding fees, transfer taxes and similar expenses incidental to conveying the real property; 2. Th~ pro rata portion of charges far public service, such as water~ sewage, and trash callection which are allacable to the period subsequent to the date of transfer of title to the City, or the effective date of possession af such property by the Ci~y, whichever is earl~.er. 7Z The Ci~y shall inforr~ the a:~mer that he may apply for a rebate of the pro rata portion of any real property taxes paid, which are allocab~e to the period subsequent to the date of transfer of the praperty to the Gity. L. [Sec. 1I23] Purchase Price as Public In£ormation The purchase price and other cans~deration paid by the City for real property is public informatian and shall ~e made ava~lable upon request. - M. [Sec. 1124~ Service of Notice Service of all natices required by this Sectian ~100 shall be made either by first class ma~l or by persona:l service upQn the person natified. 72 XII. [Sec. 1200] PROPERTY MANAGE~ENT PRACTICES A. [Sec. I201] Short Ter~ Rental If ~he City permit5 an awner or tenant to occupy the acquired real property on a rental basis for a short ter~ or far a per~od subject ta termination by the City on short notice, the amount of rent required shall not exceed the lesser af the fair rental value to a short term occup~er or a pro rata portion af the fair rental value for a typical rental period. If the owner or tenant is an occupant of a dwelling, the rental for the dwelling sha~l be within his fi~ancial means. B. [Sec. ~202] Not~ce ta Vacate The construction ar development of a project shall be sa scheduled that, to the greatest extent pract~cable, no eligible persan accupying real property shall be required to mo~e from a dwelling, or ta move his business, withou~ at l~as~ ninety (90} days written notice from the City of the date by which such move is required. The City shall notify each ~ndividual tenant to be dispZaced as wel~ as eaeh owner-occ~pant. C. [Sec. 12fl3] Ev~ction Eviction may be undertaken far one ar more of the following reasons: 1. Failure to pay rent except ~~here the failure to pay is the result of harass:~en~ or retaliatory action o~' is the result of discontinuation ar s~bstantial interrupt~on of services; 2. Ramaining in possessior~ after expiratian or termination of th~ term; 3. Performance of a dangerous or ~llegal act on the propexty; 4. t~iaterial breach of the rental agreement and failure to carrect such breach withzn thirty (3~J) days of notice; 5. Maintenance of a nuisanc~ and fa~lure to abate within a reasanable tir~e following natice; 5. Refusal to accept one af a reasonable number of affers of replacement dwellings; 7. The e~iction is required by State or local ~aw and cannot be prevented by reasonable efforts on the part of the City. 8. Failure to execute a rental agreement 4rztY- the City. 73 D. [Sec. 1204] Status of Post-Acquisltion Tenantis 1. [Sec. 1205] Notzce of Status The City shall infar~ prospective post~acquisition tenants, before they occupy the praperty, that the property has b~en acquired for a public use and wi~.l be available only in the int~rim between acquisition and d~velopment and that development for such use may result in termination of the tenancy sooner than wauld otherwise be expect~d. The City shall a1.sa inform prospective post-acquisition tenants regarding the proj~cted date of displacem~nt and, periadically, shall infarm post-acquisition tenants of any changes in such date. 2. [Sec. 1246] Notice to Vacate A past-acquisitian t~r.ant who occupies acquzred real property on a rental basis for a short term and who is informed that the property has been acquired for a public use shail be given any notzces required by law and shall be given at least thir~y (30) days written notice of termina~ian af tenancy. 3. [Sec. 1207] Elic~ibili~y for Relocat~on Assistance and Payments Post-acquisition tenants are not e~igible for relocation assistance anc~ payments if, before occupyir.g the property, they are inforr-~ed by the Czty that the property has been acquired for a public use and wil2 be available only in the interim between acqu~.sit~on and develapment and that deve~opr~ent for such use may result in terr~inatian af the tenancy sooner than would atherwise ~ae expected. 6dhen sa informed, post-acquisition tenants are not eligib].e even though they move as a result af a wr~tten order from the City ta vaca~e the rr~al property. Persons who became post--acquisltion tenants after the effective date of these Rules and R~gulations who are nat so informed and who move as a resuit of a written order from th~ City to vacate are eligible for relocation assistance and payments, except where they are evacted in accordance with Section 12a3 of the Rules and Regulations. 4. [Sec. 1208] Move from Pert~anent Housinq where the City, on property i~ owns, is making housing available on a permanent basls (i.e., not pending development), a post-acquzsition tenant who r~oves as a result of a written order from the City ~a vacate is eligible for re~aca~zon ass~stance and paymen~s if the order to vacate is related to a plan to demolish or rehabilitate such dt,;elling un3ts. A post-acqu~sition tenant who is 74 required to move as a result of the sale of such dwell~ng units to a pr~vate person for demalition or rehabilitatian Ys eligibZe without need for a written ordez ta vacate from the C~ty. 5. [Sec. 1209] Hardshzp Cases When the displacemen~ of a post-acquisition tenant causes a hardship far the person because of a critical housing shortage, age, handicap, infirmity, lack of financial means or ather circumstances, the City may provide relocat~on assistance and payments. 6. [Sec. 1210] Serv~ce of Natice Service of a~l notices required by this Section 1204 shall bE made eith~r by first class mazl or by personal ser~ice upan the persan to be notified. 75 Adopted and approved this 29th day of June, 1993. ~! ~ ~ Mayor I hereby certify that the foregoing Resalution No. 8615(CGS? was duly adopted by the City Council of the Ci~y af Santa Monica at a meeting thereof held an June 29, 1993 by the fallowing Council vote: Ayes: Councilmembers: :~bdo, Genser, Greenberg, Holbroak, Olsen, Rosenstein, Vazquez Noes: Cpuncil.members: None Absta~n• Caunc~lmembers: Nane Absent. Cauncilmembers: None ATTEST. ~~ ~ ' ~: _~~ ~ ~- . ;~=~~ ~'~- City Clerk`