SR-901-000-01 (3)
Santa Monica, California
Council Meeting: October 25, 2005
To: Mayor and City Council Members
Chairperson and Redevelopment Agency Members
From: City and Redevelopment Agency Staff
Subject: Adoption of Rules and Regulations Governing Implementation of
California Relocation Assistance Law
Introduction
In this report, staff recommends the approval and adoption of two resolutions required
by California law, which amend and update the rules and regulations of the City and the
Redevelopment Agency for implementation of the California Relocation Assistance Law
(?the ?Act?).
Background
Government Code Section 7267.8 requires the City and the Redevelopment Agency
(the ?Agency?) to adopt rules and regulations to administer relocation assistance and
benefits in conformance with the Act and the California Relocation Assistance and Real
Property Acquisition Guidelines (the ?Guidelines?). The California Department of
Housing and Community Development (HCD) has prepared rules and regulations that
are typically adopted by local municipalities.
By adopting the two attached resolutions, the City and the Agency will meet their lawful
requirements by updating and amending the current City and Agency Relocation Rules
and Regulations (?Relocation Rules?).
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City and Agency Relocation Rules were amended by the City in June 1993 and by the
Agency in June 1994. Since that time, the State has amended both the Act and the
Guidelines. To assure that the City and the Agency carry out relocation activities in
accordance with the current Act and Guidelines, updated Relocation Rules have been
prepared for City Council and Agency approval.
Certain requirements apply to both the City and the Agency. Other requirements,
specifically noted in the following discussion, apply only to the Agency. Separate
Relocation Rules are attached for each entity.
Discussion
The updated and amended Relocation Rules apply only to tenant displacement in City
and Agency owned or funded properties. The City Tenant Relocation Assistance, per
the Municipal Code (Article 4 PUBLIC WELFARE, MORALS AND POLICY, Chapter
4.36), continues to apply when displacement is the result of activity by property owners
that is not funded in any way by the City or the Agency.
The proposed Relocation Rules set forth detailed rules and regulations for providing
relocation assistance and making required relocation payments when individuals and
businesses are displaced as a result of City or Agency activities, including activities that
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are carried out by others, but funded in whole or in part by City or Agency funds. The
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If federal funds provide part of the financing for a project, the City and/or Agency must
follow the applicable federal relocation requirements. The City?s Tenant Relocation
Assistance ordinance would be preempted in this situation also.
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following chart shows the substantive changes between the current City/Agency
Relocation Rules and those proposed to conform to the Act.
Current City/Agency Rules and Regulations
Rules and Regulations Under State Proposed to Conform to
Relocation Law changes in State Law (the Act)
Agency: A relocation plan is required if there
No relocation plan is required if 15 or fewer will be any residential displacement.
residential households will be displaced. A relocation plan for businesses
would not be required when there will
City: Conforms to California Law. be an insignificant amount of
displacement.
Temporary relocation benefits are only Temporary relocation benefits would
available for rehabilitation in rental be extended to include duplexes.
complexes of four or more units.
Calculation of rental assistance payments Calculation of rental assistance
to displaced residential tenants based on payments to displaced residential
48 months. tenants based on 42 months.
Rental assistance payments are calculated Rental assistance payments would be
based on the difference between the new calculated based on the difference
rental amount of a comparable unit and between the new rental amount of a
25% of the tenants? incomes. comparable unit and 30% of the
tenants? incomes.
Following below is a brief description of City and Agency obligations:
Requirements Common to the City and Agency:
1. Planning for Displacement and Relocation. A Relocation Plan must be approved
by the City Council and/or Redevelopment Agency, except for situations where
there are no residential tenants, and there will be an insignificant amount of
displacement of businesses, before a displacing activity, such as rehabilitation,
demolition or construction, may proceed. The Relocation Plan provides an
analysis of relocation needs and resources and describes the assistance that will
be provided. The Relocation Plan must provide that no person will be displaced
from his or her dwelling unless and until there is a comparable replacement
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dwelling, or adequate temporary housing is available and ready for occupancy.
A draft Relocation Plan must be made available to all persons who will be
displaced and the public for review and comment before it is approved for
implementation. The approved Relocation Plan must also be submitted to the
California Department of Housing and Community Development.
2. Advisory Assistance. Tenant counseling is provided to assist tenants in planning
for replacement housing or business accommodations.
3. Informational Notices. Potential displacees are entitled to receive written
information about the types of payments and relocation services for the proposed
project and their potential relocation benefits when the property they live in is
being acquired for a public purpose. In addition, occupants will receive a written
notice of the type of payments and relocation services that will be available and a
notice that they will be given at least 90 days prior written notice before being
required to vacate.
4. Temporary Replacement Housing. The proposed Rules and Regulations set forth
criteria for determining when temporary replacement housing may be used and
establish standards for temporary replacement dwellings. Temporary
replacement housing may be used, at the election of the displaced person, when
a project plan anticipates a move back into completed project, and is generally
limited to a 12-month period.
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5. Relocation Payments to Households. Displaced households may receive
payments to compensate them for reasonable moving expenses and increased
costs of buying or renting comparable replacement dwellings.
6. Relocation Payments to Businesses. Displaced businesses may receive
payments to compensate them for reasonable moving expenses and reasonable
expenses incurred in searching for replacement locations.
7. Property Management. Under some circumstances, the City or the Agency may
acquire property for a future public use. In such cases, existing tenants may
continue to reside or operate businesses on the property or new tenants may
take occupancy.
8. Grievance Procedures. The proposed Relocation Rules and Regulations also
prescribe the grievance procedures to follow when a displaced individual or entity
disagrees with the assistance and benefits that are provided.
Requirements Applicable Only to the Agency
The Redevelopment Agency?s proposed Relocation Rules include additional
requirements that are imposed on the Agency by the California Community
Redevelopment Law. These additional requirements are:
1. The Agency must require that low and moderate income housing developed with
Agency assistance be made available on a priority basis to low and moderate
income families displaced as a result of Agency activities; and
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2. Redevelopment Law also requires that all requests for formal review of a
relocation claim will be heard by a Relocation Appeals Board that is appointed by
the Mayor subject to City Council approval, and, further, that the final decision be
made by the governing board of the Agency.
Budget/Financial Impact
There is no budget or financial impact from the adoption of the Rules and Regulations.
Recommendations
1. It is recommended that the City Council adopt the attached Resolution amending City
Rules and Regulations that implement existing State of California relocation regulations.
2. It is recommended that the Redevelopment Agency adopt the attached Resolution
amending Agency Rules and Regulations that implement existing California relocation
regulations.
Prepared By: Jeff Mathieu, Director, Resource Management Department
Miriam Mack, Manager, Economic Development Division
Tina Rodriguez, Redevelopment Administrator
Rod Merl, Senior Administrative Analyst, Special Projects
Nia Tang, Senior Administrative Analyst
Lyn Cacciatore, Deputy City Attorney
Attachments:
A. Resolution of the City Council of the City of Santa Monica Approving and
Adopting Rules and Regulations Governing Implementation of the California
(See Adopted Resolution No. 10076 (CCS)).
Relocation Assistance Law.
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Exhibit 1: City of Santa Monica Rules and Regulations for Implementation of the
California Relocation Assistance Law
B.
Resolution of the Redevelopment Agency of the City of Santa Monica Approving
and Adopting Rules and Regulations Governing Implementation of the California
(See Adopted Resolution No. 493 (RAS)).
Relocation Assistance Law.
Exhibit 1: Redevelopment Agency of the City of Santa Monica Rules and
Regulations for Implementation of the California Relocation Assistance Law
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