SR-6C (28)CA:JL:brreloc/wp/ct
City Cauncil Meeting 6-29-93
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.~ ' ~~ ~. - .,.,
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
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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,
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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
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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~,
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ar,y~hin~ had 1~een c~ne rec~luYg ~ ot the it~ms i men~on~. Seoai~i, far
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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.
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~ 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~
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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~
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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
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{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;
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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.
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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:
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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.
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_~~ ~ ~- . ;~=~~ ~'~-
City Clerk`