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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?). 1 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 1 are carried out by others, but funded in whole or in part by City or Agency funds. The 1 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. 2 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 3 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. 4 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 5 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. 6 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 7