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HomeMy WebLinkAboutReso 106-91 RelocAssistGuidelin RESOLUTION NO. 106-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING THE STATE OF CALIFORNIA RELOCATION ASSISTANCE 'AND REAL PROPERTY ACQUISITION GUIDELINES WHEREAS, the City of Dublin proposes to acquire real property for the construction of public improvements; and WHEREAS, said property acquisitions may potentially require the relocation of property owners or tenants; and WHEREAS, State Law may require that the City provide relocation assistance if property owners or tenants are displaced by said property acquisition; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby adopts Title 25, Chapter 6 of the California Code of Regulations (State of California Relocation Assistance and Real Property Acquisition Guidelines), as it currently exists or as may be amended, as the City of Dublin Relocation Assistance and Real Property Acquisition Guidelines, said Guidelines attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 28th day of October, 1991. AYES: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder NOES: None ABSENT: None ATTEST: a:(corres)\oct\resorelo CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES CALIFORNIA ADMINISTRATIVE CODE, TITLE 25, CHAPTER 6 INDEX Article ~ General Sections 6000. 6002. 6004. 6006. 6008. 6010. 6012. 6014. 6016. 6018. 5020. Order of Adoption Statement of Purpose and Policy Appl i cabi 1 i ty and Supersedure Regul ati ons Defini tions Prior Determinations Ci ti zen Patti ci pati on Prerequi s ite to Di s pl acemerit Remedies Priority of Federal Law Severabi 1 i ty Page 2 2 2 2 3 3 6 8 8 8 8 Arti cl e 2. Secti ons Retocation Assistance Advisory Program and Assurance of Comparable Replacement Housing 6030. 6032. 6034. 6036. 6038. 6040. 6042. 6044. 6046. 6048. 6050. 6052. 6054. 6056. 6058. 6060. Purpose Relocation Assistance Advisory Program Eligibility Rehabi 1 i tati on, Demol i ti on, Code Enforcement Relocation Plan Minimum Requirements of Relocation 'Assistance Advisory Program Replacement Housing Prior to Displacement; Notices to Displaced Persons Temporary Move Informational Program Survey' and. Analysis of Relocation Needs Failure to Conduct Timely and Effective Survey Survey and Analysis of Available Relocation Resources Last Resort Housing Termi nation of Relocati on Assistance Eviction Eval uation of Relocation 8 9 9 i0 10 1! 12 13 13 14 15 16 17 18 18 18 -1- OF I:P,E'~OL.U.T~O~ ............... Arti cl e 3. Rel ocati on Payments Sections 6080. 6082. 6084. 6086. 6088. 6090. 6092. 6094. 6096. 6098. 6100. 6102. 6104. 6106. 6108. 6110. 6112. 6114. Purpose Relocation Payments by Public Entity Basic Eligibility Conditions Notice of intent to Displace Filing of Claims; Submission of Tax Returns Actual Reasonable Moving Expenses Actual Direct Losses of Tangible Personal Property Actual Reasonable Expenses in Searching for a Replacement Business or Farm Moving Expenses -- Outdoor Advertising Businesses Alternate Payments -- Individuals and Families Alternate Payments -- Businesses and Farm Operations Replacement Housing Payments for Homeowners Replacement Housing. Payments for Tenants and Certain Others Proration of Payments Condition of Replacement Dwelling Certificate of Eligibility Mobile Homes Affected Property Page 20 20 20 20 20 20 20 23 23 23 24 24 26 29 31 31' 32 32 33 Article 4. Last Resort Housing 33 Sections 6120. 6122. 6124. 6126. 6128. 6130. 6132. 6134. 6136. 6138. Purpose Determination of Need for Last Resort Housing Development of Replacement Housing Plan Submission of Plan for Con~nent Determination by Displacing Public Entity of Feasibility and Compl iance Implementation of the Replacement Housing Plan Housing Production Jointly Sponsored Development Last Resort Housing in Lieu of Payments 33 34 34 35 35 35 36 36 36 Conformity with the Act and Other Statutes, Policies and Procedures 36 Article 5. Grievance Procedures Sections 6150. 6152. 6154. 6156. 6158. 6160. Purpose Right of Review Notification to Complainant Stages of Review by a Public Entity Formal Review and Reconsideration by the Public Entity Refusals to Waive Time Limitation 36 36 36 37 37 .38 39 -2- 6162. 6164. 6166. 6168. 6170. 6172. 6174. 6176. Extension of Time Limits Recomendations by Third Party Review of Files by Claimant Effect of Determination on Other Persons Right to Counsel Stay of Displacement Pending Review Joint Complainants Judicial Review Page 39 39 39 39 39 39 40 40 Article 6. Acquisition Policies Sections 6180. 6182. 6184. 6186. 6188. 6190. 6 192. 6194. 6195. 6196. 6198. Purpose Acquisition Notice of Decision to Appraise Time of Offer Notice of Land Acquisition Procedures Notice of Public Entity's Decision Not to Acquire Inci dental Expenses Short Term Rental Pub l i c Informati on Service of Notice Nonpossessory Interest Exception 4O 40 40 43 43 43 44 44 44 44 44 44 -3- CONTINUATION SH!!T _ ,)R FILING ADMINSTRATIVE REGULATIG. ~ WITH THE SECRETARY OF STATE (Parsnoel to G~wernmefit Code Section 11380.1) Chapter 6. Relocation Assistance and Real Property Acquisition Guidelines' Arti cl e 1. General. (hereinafter referred to as the "Guide 6..900. Order of Adoption. lllis subchapter/is adopted pursuant to the lines" provisions of Section 41135, Health and Safety Code, in order to implement, interpret and to make specific provisions of Division 7., comnencing with Section 7260 of the Government Code {hereinafter referred to as the "Act"}, relating to relocation assistance, last resort housing and real property acquisition. ~p02. Statement of Purpose and Policy. (a) The purpose of the Guide- lines is to assist public entities in the development of regulations and procedures implementing the Act. (b} li~e Guidelines are designed to carry out the following policies of the Act: (1} To ensure that uniform, fair and equitable treatment is afforded persons displaced from their homes, businesses or farms as a result of the actions of a public entity in order that such persons shall not suffer dis- proportionate injury as a result of action taken for the benefit of the public as a whole; and {2} In the acquisition of real property by a public entity, to ensure consistent and fair treatment for owners of real property to be acquired, to encourage and expedite acquisition by agreement with owners of such property in order to avoid litigation and relieve congestion in courts, and to promote confidence in public land acquisition. {c) A public entity shall not participate in or undertake a project that will displace individuals from their homes unless comparable replacement dwell- ings (see subsection 6008{c)} will be available within a reasonable period of time prior to displacement. (d) The Guidelines are intended to establish only minimum requirements for relocation assistance and payments. They shall not be construed to limit any other authority or obligation which a public entity may have to provide additional assistance and payments. (e) ~e Act and the Guidelines are intended for the benefit of displaced persons, to ensure that such persons receive fair and equitable treatment and do not suffer disproportionate injuries as the result of programs designed for the benefit of the public as a whole. ~e Act, Guidelines and all applicable regulations on which determinations are based shall be construed to effect this intent. 6004. Applicability and Supersedure. liT'(1) Except as otherwise noted in this section, the Guidelines are applicable to all displacement and acquisition occurring on or after their effective date, January 1, 1977. A public entity may determine that the Guidelines shall at an earlier date be applicable to its displacement and acquisition. {2} With respect both to redevelopment activities undertaken pursuant to a plan or amendment adopted prior to January 1, 1976 and to the acqui- sition of real property located within the California coastal zone (as defined in Public Resources Code, Section 30103, Stats. 1976, c. I330} for use as park lands or open space, the provisions of the Guidelines speci- fically relating to last resort housing shall not be effective until January 1, 1978. S'TD, ~.OOA (I-?1) CONTINUATION SHEIT FLUNG ADMINSTRATIVE REGULATNi~5 WITH THE SECRETARY OF STATE (Pursucmt to G4wernmeet Cocie ~Sectio~ !1380.1) (b) These Guidelines supersede those adopted by the Corrmission of Housing and Coxunity Development on October 17, 1973. The guidelines so superseded shall not apply to any displacement or acquisition occurring on or after the effective date of these Guidelines. Any such displacement or acquisition shall be governed solely by these Guidelines. The provisions of these Guidelines, however, shall not be construed retroactively to apply to action(s) undertaken by a public entity prior to their effective date where the purpose of the action was to fulfill obligations imposed by the Act and the action is in compliance with the requirements of the Act and the existing Guidelines. For the purpose of this section the term "action" shall include but is not limited to: the provision of information, notice, other assistance, comparab]e replacement housing, payments and other benefits; the preparation of relocation and last resort housing plans, inc]udin9 the survey and analysis of needs and resources; the processing of grievances; and the various steps taken in connection with the acquisition of property for public use. 6006. Requlations. (a) Each public entity before undertaking or partici- pating in activity which will result in the displacement of persons shall adopt rules and regulations that implement the requirements of the Act, are in accor- dance with the provisions of the Guidelines, and prescribe additional procedures and requirements that are appropriate to the particular activities of the public entity and not inconsistent with the Act or Guidelines. {b) Rules and regulations issued under this section shall be promptly revised as necessary, to conform to any amendment of the Act or Guidelines. 6008. Definitions. The following terms shall mean: ~' Acquisition. Obtaining ownership or possession of property by lawful means. (b) Business. Any lawful activity, except a farm operation, conducted primarily: (1) For the purchase, sale, lease or rental of personal and real property, and for the manufacture, processing, or marketing of products, con~nodities, or any other personal property; (2) For the sale of services to the public; (3} By a nonprofit organization; or {4} Solely for the purpose of a moving expense payment {see section 6090), for'assisting in the purchase, sale, resale, manufacture, process- ing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display, whether or not such display is located on the premises on which any of the above activities are conducted. ~ Comparable Replacement Dwellinq. A dwelling which satisfies each of the following standards: (1} Decent, safe and sanitary {as defined in subsection 6008(d)), and comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space than necessary to acconrnodate the displaced person. {2) In an area not subjected to unreasonable adverse environmental conditions from either natural or manmade sources, and not generallyless desirable than the acquired dwelling with respect to public utilities, public and con~nercial facilities and neighborhood conditions, including schools and municipal services, and reasonably accessible to the displaced CONllNUATION SHEET JR FLUNG ADMINSTRATIVE REGULATI(~ WITH THE SECRETARY OF STATE (Pursuant to Go~rnmnl Code $ec~on 11380.1) person's"present or potential place of employment; provided that a potential place of employment may not be used to satisfy the accessibility require- ment if the displaced person objects. The Act and Guidelines do not require that the replacement dwelling be generally as desirable as the acquired dwelling with respect to environ- mental characteristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse environmental conditions, neither is a public entity required to duplicate environmental character- istics, such as scenic vistas or proximity to the ocean, lakes, rivers, forests or other natural phenomena. If the displaced person so wishes, every reasonable effort shall be made to relocate such person within or near to his existing neighborhood. Whenever practicable the replacement dwelling shall be reasonably close to relative, friends, services or organizations with whom there is an exist~ dependency relationship. Available on the private market to the displaced person and available to all persons regardless of race, color, sex, marital status, religion, or national origin in a manner consistent with Title VIII of the Civ.il Rights Act of 1968. {4} To the extent practicable and where consistent with paragraph {c}{1} of this section, functionally equivalent and substantially the same as the acquired dwelling, but not excluding newly constructed housing. {5) Within the Financial Means of the Displaced Person, A replace- ment dwelling is within the financial means of a displaced person if the or rental cost {including utilities and other reasonable recurring expenses} minus any replacement housing payment available to the person {as provided in sections 6102 and6104} does not exceed twenty- five percent {25~} of the person's average monthly income {as defined in subsection 6008{1}}. A replacement dwelling is within the financial means of a displaced person also if the purchase price of the dwelling including related increased interest costs and other .reasonable expenses {as described in section 6102} does not exceed the total of the amount of just compensa- tion provided for the dwelling acquired and the replacement housing payment available to the person {as provided in section 6102}o If a dwelling which satisfies these standards is not available the public entity may consider a dwelling which exceeds them. ~ Decent, Safe and Sanitary. {1} Housing in sound, clean and weather tight condition, in good repair and adequately maintained, in conformance with the applicable state and local building, plumbing, electrical, housing and occupancy codes or similar ordinances or regulations and which meets the following minimum standards: {A} Each housekeeping unit shall include a kitchen with a fully usable sink, a stove or connection for a stove, a separate and com- plete bathroom, hot and cold running water in both bathroom and kitchen, an adequate and safe wiring system for lighting and other electrical services and heating as required by climatic conditions and local codes. {B} Each nonhousekeeping unit shall be in conformance with state and local code standards for boarding houses, hotels and other dwellings for congregate living. -4- CONTINUA~ON SH!!T ~OR FLUNG ADMINSTRA~VE REGULAThiK!i WITH THE SECRETARY OF STATE (h~ua~ ~ Governmee~ C~e ~ecfion 113~.I) (2)-' When the term decent, safe and sanitars, is interpreted, under local, state or federal law, as establishing a higher standard, the element' of that higher s1:andard, which exceed ~he provision of paragraph (Z) subsec1:ion,.'are incorporated herein. Departhen1:. Departneat of Housing and Comun~ts, Development. Displaced Person. Ans, person ~ho moves ~:rom real proper1:5,, or who moves his personal properrs, from real property, either as a result of the acqui- sition of such real properrs,, in ~hole or in part, bs, a pub]ic ant:it7 or bs, person having an agreement with or ac~in9 on behalf of a public enterS,, or as ~he result: of a ~rit1:en order from a public entits, to vacate ~e real ~or public use. Th~s definition shall be construed so ~hat persons displaced as a result public act:ion receive reloca~on benefits in cases where thes, are displaced as a result o~ an owner participation agreement or an acquisition carried out b~ a private person ~or or in connection ~th a public use where ~he public enters, is otherwise empowered to acquire the proper1:5, to carts, ou~ the public use. (~) D~el]~ng. The place o~ pemanen~ or customers, and usual abode o~ a person, ~ncludin9 a single-t:amil~/dwelling, a sin9le-~=amils, un~ in a ~amil~ dwelling, mo11:i-fami13/or multipurpose dwelling, a unit of a condom~nium or cooperative housing project, a nonhousekeeping unit, a mobilehome, or of:her residen1:~al unit which either ~s considered to be real properrs, under S~a1:e law or cannot be moved ~thou~ substent:in1 damage or unreasonable A residence need not be decent, sa~=e and sanitars, ~o be a dwelling. A second home shall be considered to be a dwelling onls, for the purpose es1:ablish~ng eligibil~ts, for pa~nent for moving and related expenses (as provided ~n section GO90). (-b.) Economic Rent:. The amount of rent: a tenant or homeowner would have ~o pus, ~or a dwelling s~milar to the acquired dwelling ~n a comparable area. (~) E]der15, Household. A household ~n which the head of household or spouse ~s 62 ~ears or older. (~.) Family. Two or more individuals who bs, blood, marriage, or mu1:ual consent: live ~oge1:her as a t:amils, (~) Farm Operation. Ans, ac1:ivits, conducted sole15, or pr~ar~15, for producl:~on of one or more agricultural products or conanodi~ies, ~ncluding for sale or home use, and customaril~, producing such products or commodities sufficient quan1:~1:~, to be.capable of contributing ma~erialls, to ~he SUppOrt;. ~ Gross Tncome. Gross income means the total annual income of an ~ndividual, or where a ~:am~15' ~s d~splaced ~otal annual ~ncome of the parents or adult heads o~ household, less ~he (Z) A deduction of $500 for each dependent ~n excess o~ (2) A deduction o~ ten percent (ZOO) of total ~ncomefor an oP handicapped household. (3) A deduction for recurring, extraordinars, medical expenses, defined for th~s purpose to mean medical expenses in excess of three percent of tot:a] income, where not compensated for or covered bs, surenee or otherl sources, such as public assistance or tort (~) A deduction o~ reasonable amoun~ paid ~=or the care of children or Kick or ~ncapacitated fami15, members when determined ~o be necessars, emplo3nnent o~ the head or spouse, except that the amount deducted she11 not exceed the amount of income received bs, the person thus re]eased. Gross ~ncome ix divided b~ twelve ~o ascertain the average month15, income. Relocat~on and properrs, acquisition payments are not to be considered as ~ncome for the determination of ~inancial means. A CONtiNUATION SHIft ~ '~,, ~R FLUNG ADMINSTRA~VE REGULATk WITH THE SECRETARY OF STATE (~u~n~ ~ Government Code Secti~ 11380.1) (~) Handicapped Household. A household in which any member is handi- capped or disabled. (~) Initiation of Neqotiations. The initial written offer made by the acquiring entity' to the owner of real property to be purchased, or the owner's representative. (4) Mobile Home. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. A self-propelled vehicle is not a mobile home. {~) Mortgage. Such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby. (~) Ownership. Holding any of the following interests in a dwelling, or a contract to purchase one of the first six interests: {1} A fee title. {2} A life estate. {3) A 50-year lease. {4) A lease wi~h at least 20 years to run from the date of acqui- sition of the property. (5) A proprietary interest in a cooperative housing project which includes the right to occupy a dwelling. {6} A proprietary interest in a mobilehome. {7} A leasehold interest with an option to purchase. In the case of one who has succeeded to any of the foregoing interests by devise· bequest, inheritance or operation of law, the tenure of ownership, but not occupancy, of the succeeding owner shall include the tenure of the preced- ing owner. (Z) Person. Any individual, family, partnership, corporation, or asso- ciation. (~) Public Entity. Includes the state, the Regents of the University of California a county, city, city and county, district, public authority, public agency and any other political subdivision or public corporation in the state when acquiring real property, or any interest therein, or ordering that acquired property be vacated· in any city or county for public use. {}} Public Use. A use for which property may be acquired by eminent domain. {~} Tenant. A person who rents or is otherwise in lawful possession of a dwelling, including a sleeping room, which is owned by another. ~q.lO. Prior Determinations. {a} Displacement. Nopublic entity may proceed with any phase of a project or other activity which will result in the displacement of any person, business or farm until it makes the following determinations: {1) Fair and reasonable relocation payments will be provided to eligible persons as required by Article 3 of the Guidelines. (2) A relocation assistance program offering the services described in Article 2 of the Guidelines will be established. (3) Eligible persons will be adequately informed of the assistance, benefits, policies, practices and procedures, including grievance proce- dures, provided for in these Guidelines. CONllNUATION SHEET ~R FILING ADMINSTRATIV! REGULATI~ii6 WiTH THE SECRETARY C)F STATE (Pvrsuant to GovernmeM Code .Section 11380.1) {4)-' Based upon recent survey and analysis of both the housing needs of persons who will be displaced and available replacement housing and considering competing demands for that housing, comparable replace- ment dwellings will be available, or provided, if necessary, within a reasonable period of time prior to displacement sufficient in number, size and cost for i~he eligible persons who require them. {5) Adequate provisions have been made to provide orderly, timely, and efficient relocation of eligible persons to comparable replacement housing available without regard to race, color, religion, sex, marital status, or national origin with minimum hardship to those affected. (6} A relocation plan meeting the requirements of section 6038 has been prepared. {b) Acquisition. No public entity may proceed with any phase of a project or any other activity which will result in the acquisition of real property until it determines that with respect to such acquisition and to the greatest extent practicable, {1) Adequate provisions have been made to be guided by the pro- visions of Article 6 of the Guidelines, and (2) Eligible persons will be informed of the pertinent benefits, policies and requirements of the Guidelines. 6012. Citizen Participation. {a) All persons who will be displaced, neighborhood groups and any relocation con~nittee shall be given an opportunity and should be encouraged fully and meaningfully to participate in reviewing the relocation plan and monitoring the relocation assistance program. (b) When a substantial number of persons will be displaced from their dwellings the public entity shall encourage the residents and community organ- izations in the displacement area to form a relocation connittee. The com- mittee shall include, when applicable, residential owner occupants, resi- dential tenants, business people, and members of existing organizations within the area. In lieu of initiating a new process of citizen participation, public entities which have conducted or are conducting a citizen participation process as part of an existing development program may substitute' such process if it satisfies the requirements of this section. If a substantial number of persons will not be displaced from their dwellings, the public entity shall at least consult with and obtain the ~dvice of resi- dents and con~nunity organizations and make the relocation plan available to such persons and organizations prior to submitting it to the legislative body for approval. {See section 6038.} {c} At a minimum the displacing entity shall guarantee the following: {1} Timely and full access to all documents relevant to the reloca- tion program. A public entity may reasonably restrict access to material where its confidentiality is protected by law or its disclosure is pro- hibited by law. The displacing entity shall ensure that the information in documents the provision of which would result in disclosure of the identity of eligible persons is provided in a manner designed to avoid ' closure. This the person to which the information relates o r u or- ized in writing by such person} to inspect such documents. {2} The provision of technical assistance necessary to interpret elements of the relocation plan and other pertinent materials. ~r"ri}o ,400A ilb'~l l ?""" CONTINUATION SHEET i, DR FLUNG ADMINSTRATIVE REGULATIk WITH THE SECRETARY OF STAff (Pursuant to Governmere Code Section 11380.11 (3)-' The right to submit written or oral con~nents and objections, including the right to submit written con~nents on the relocation plan and to have these con~nents attached to the plan when it is forwarded to the local legislative body or the head of the state agency for approval. (4) Prompt, written response to any written objections or criticisms. 6014. Prerequisite to Displacement.. No person shall be displaced until thepub"61Tc entity has fulfilled the obligations imposed by the Act and Guide- lines. 601.~. Remedies. (a) If the public entity has not fulfilled or is not substantially fulfilling its relocation responsibilities, it shall cease dis- placement until such time as its responsibilities are fulfilled. When appropri- ate project implementation shall be suspended or terminated. (b} Eligible persons who move without offers of assistance and benefits, after the public entity was required to offer assistance or benefits, shall be provided such assistance and payments and, when appropriate, compensation for additional costs incurred. The displacing entity shall make every effort to identify and locate such persons. (c) A public entity may pay a complainant's attorney's fees and costs and is encouraged to consider doing so when a complainant institutes a suc- cessful administrative appeal or judicial action. (d) The enumeration of remedies in this section is not intended to discourage or preclude the use of other remedies consistent with the intent of the Act and Guidelines. Rather a public entity is encouraged to consider and adopt other remedies · 6018. Priorit~ of Federal Law. If a public entity undertakes a project with'~'di~al financial assistance and consequently must provide relocation assistance and benefits as required by federal law, the provisions of the Act and Guidelines shall not apply; but if an obligation to provide relocation assistance and benefits is not imposed by federal law the provisions of the Act and Guidelines shall apply. 6020. Severability. tf any provision of the Guidelines or the applica- tion thereof is held invalid, such invalidity shall not affect other provisions or applications of the Guidelines which can be given effect without the in- valid provision or application, and to this end the provisions of the Guide- lines are severable. Article 2. Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing 6030. Purpose. The purpose of this part is to set forth requirements with respect to the development and implementation of a relocation assistance advisory program for the provision of specified services and to prescribe the obligation of a public entity not to displace or cause the displacement of any person from his dwelling without adequate notice and unless comparable replacement housing is available. U ,( r~ Z Id 0 Z 0 Q CONTINUATION SNIff ~qee4~)R FLUNG ADMINSTRATIVE REGULATtkeea WITH THE SECRETARY OF STATE (haem ~ Cx~Pernmem C~e ,SeeriM 113~,I) 6032. Rblocation Assistance Advisory Proqram. Public entities shall develop and implement a relocation assistance advisory program which satisfies the requirements of this article and of Title VI of the Civil Rights Act of 1964, Title VIII'of the Civil Rights Act of 1968, the Unruh Civil Rights Act and the Rumford Act. Such program shall be administered so as to provide advisory services which offer maximum assistance to minimize the hardship of displacement and to ensure that {a} all persons displaced from their dwellings are relocated-into housing meeting the criteria for comparable replacement housing, and {b} all persons displaced from their places of business or farm operations are assisted in reestablishing with. a minimum of delay and loss of earnings. 6034. Eligibility. avail~ to: {a} Relocation assistance and benefits shall be {1} Any person who occupies property from which he will be displaced. {2} Any person who will move from real property'or will move his personal property from real property, because he will be displaced from other real property on which he conducts a business or farm operation. {3} Any person who moves from real property as a result of its acquisition by a public entity whether the move is voluntary or involuntary. {4} Any person who, following the initiation of negotiations, moves as the result of the pending acquisition. Such a person is eligible if the property is subsequently acquired by the public entity; if it is not acquired, such a person, at the discretion of the public entity, may be declared eligible. {5} Any person who moves as the result of pending acquisiton by a public entity either following receipt of a Notice of Intent to Displace {see section 6086} or as a result of inducement or encouragement by the public entity. {b} {1} Post-acquisition tenants, those who lawfully occupy property only after a public entity acquires it, are not eligible for assistance and benefits if, before occupying the property, they are informed by the public entity that the property has been acquired for a public use and will be available as housing only in the interim between acquisition and development and that development for such use may result in termination of the tenancy sooner than would othenvise be expected. When post-acquisi- tion tenants are so informed they are not eligible even though they move as the result of a written order from the public entity to vacate the real property. A public entity shall inform prospective tenants regarding the projected date of displacement and, periodically, should inform post-acquisition tenants of any changes in this projection. Persons who become post-acquisition tenants after the effective date of the Guidelines, who are not so informed and who move as the result of a written order from the public entity to vacate are eligible for assistance and benefits, except where they are evicted in accordance with the provi- sions of section 6058. {2) When the displacement of a post-acquisition tenant causes a hardship for that person because of a critical housing shortage, age,. handicap, infirmity, lack of financial means or other circumstance, the displacing entity may provide relocation assistance and benefits. In such hardship situations a public entity is encouraged to provide assistance and payment for moving expenses. STD. 4QOA (e,')'I) U 'r Id 0 CONTINUAtiON SHEET -~"~I ~. OR FLUNG ADMINSTRATIVE REGULAT|k ~ WITH THE SECRETARY C)F STATE (Pursuant to Government Cede Sectlee 11380.1) (3)" Where a public entity, on property it owns, is making housing available on a permanent basis (i.e., not pending development}, a post- acquisition tenant who moves as the result of a written order from the public entity to vacate is eligible for relocation assistance and benefits if the order to vacate is related to a plan to demolish or rehabilitate. such units. Sale of such units to a private person establishes eligibility without need for a written order to vacate° 6036. Rehabilitation, Demolition, Code Enforcement. If a public entity undertakes a rehabilitation or demolition program or enforcement of building codes and as a result a person or business is displaced from privately owned property, the public entity may provide assistance and benefits, but it is not required to do so. If a person or business is displaced by such an undertaking from property acquired by a public entity, the public entity shall provide assistance and benefits. 9038. Relocation Plan. {a} As soon as possible following the initia- tion of negotiations and prior to proceeding with any phase of a project or other activity that will result in displacement a public entity shall prepare a Relocation Plan and submit it for approval to the local legislative body, or in the case of a state agency, the head of the agency. When the public entity's action will only result in an insignificant amount of non-residential displace- ment, the requirements of this section need not be satisfied. {b} A Relocation Plan shall include the following: (1) A diagran~natic sketch of the project area. {2} Projected dates of displacement. (3} A written analysis of the aggregate relocation needs of all persons to be displaced {as required by section 6048) and a detailed explanation as to how these needs are to be met. (4} A written analysis of relocation housing resources (as required by section 6052). (5) A detailed description of the relocation advisory services program, including specific procedures for locating and referring eligible persons to comparable replacement housing. {6) A description of the relocation payments to be made (pursuant to Article 3) and a plan for disbursement. {7} A cost estimate for carrying out the plan and identification of the source of the necessary funds. {8} A detailed plan by which any last resort housing {as described in section 6054 and Article 4} is to be built and financed. (9} A standard information statement to be sent to all persons to be displaced {as required by section 6046). {10} 'Temporary relocation plans, if any. {11} A description of relocation office operation procedures. {12} Plans for ci'tizen participation. {13) An enumeration of the coordination activities undertaken {pur- suant to section 6052}. {14) The comments of the relocation con~nittee, if any {pursuant to section6012). {15} A written determination by the public entity that the necessary resources will be available as required. -10- ' ............../" °= ~TO. 400A [eoT~) CONTINUATION SHUT ~p~:)R flUNG ADMINSTRA~VE REGULAT~W~S WITH THE SECRETARY OF STATE (Pursua~ ~ Governmerit Code Section 113~.1) (c) A Plan prepared by a local public entity shall be consistent with the local housing element (prepared pursuant to California Administrative Code, Title 25, Chapter 1, Subchapter 3.) {d) In the event of delay of implementation of the relocation program, the plan shall be updated annually. (e} {1) Cop~es of the plan shall be submitted for review to the reloca- tion con~nittee and the department 30 days prior to submission to the local legislative body or head of state agency for approval. Copies shall be available to the public upon request. (2} General notice of the plan shall be provided. Notice shall be designed to reach the occupants of the property; it shall be in accordance with the provisions of paragraph 6046{a}(3} and subsection 6046{b}; and it shall be provided 30 days prior to submission to the local legislative body or head of state agency for approval. 6040. Minimum Requirements of Relocation Assistance Advisory Proqram. (a) Each relocation assistance advisory program undertaken pursuant to this Article shall include, at a minimum, such measures, facilities or services as may be necessary or appropriate in. order to: (1) Fully infor~ eligible persons under this Article within 15 days following the initiation of negotiations for a parcel as to the avail- ability of relocation benefits and assistance and the eligibility require- ments therefor, as well as the procedures for obtaining such benefits and assistance, in accordance with the requirements of section 6046. {2) Determine the extent of the need of each such eligible pers6n for relocation assistance in accordance with the requirements of sec- tion 6048. {3} Assure~etigible persons that within a reasonable period of time prior to displacement there will be available comparable replacement housing, meeting the criteria described in section 6008(c), sufficient in number and kind for and available to such eligible persons. (4) Provide current and continuing i~formatian on the availability, prices, an"d'r~I~ls of comparable sales and rental housing, and of com- parable con~nercial properties and locations, and as to security deposits, closing costs, typical down payments, interest rates, and terms for resi- dential property in the area. -~ (5) .JBsist each eligible person to~~lete applicatioqs for pay- ments and benefi{s. {6) Assist each eligible, displaced person to obtain and move to a_. comparabl~ replacement dwelling. O,~ly adequate ~nspection will insure that a particular unit meets this standard.-If a displaced person occupies a unit to which he is referred by the public entity and 'the unit does not satisfy the comparable re- placement dwelling standard, the public entity has not fulfilled its obligation to assist the displaced person to obtain such a dwelling. Whenever this occurs the public entity shall offer to locate such a dwelling for the displaced person and to pay again all moving and related expenses. If the displaced person chooses not to move from the unit that he occupied following referral, the public entity shall not assert that he is ineligible to receive relocation assistance and benefits on the basis of that unit's failure to satisfy the comparable replacement dwelling standard. CON~NUATION SHl~ '~' .... · jR FLUNG ADMINSTRA~VE REGULATI~ WITH THE SECRETARY OF STATE (~nt to Ge~ernme~ Code Section i 13~.I) (7)' Assist each eligible person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location. (8) Provide any services required to insure that the relocation process does not result in different or separate treatment on account of race, color, ~eligion, national origin, sex, marital status or other arbitrary circumstances. (9} Supply to such eligible persons information concerning federal and state housing program, disaster loan and other program administered by the Small Business Administration, and other federal or state program, offering assistance to displaced persons.: {10} Provide other advisory assistance to eligible persons in order to minimize their hardships. It is recomended that, as needed, such assistance include counseling and referrals with regard to housing, financing, employment, training, health and welfare, as well as o~her assistance. (11) Inform all persons who are expected to be displaced about the eviction policies to be pursued in carrying out the project, which policies shall be in accordance with the provisions of section 5058. {b} Relocation Office. When a substantial number of persons will be dis- placed and the relocation staff's office is not easily accessible to those per- sons, a displacing entity is encouraged to establish at least one appropriately equipped site office which is accessible to all the area residents who may be displaced and is staffed with trained or experienced relocation personnel. Office hours should be scheduled to acconxnodate persons unable to visit the office during normal business hours. (c) Each displacing entity shall establish and maintain a formal griev- ance procedure for use by displaced persons seeking administrative review of the entity's determinations. The procedure shall be in accordance with the requirements of Article 5. 6042. Replacement Housinq Prior To Displacement; Notices To Displaced Persons. (a) No eligible person shall be required to move from his dwelling unless within a reasonable period of time prior to displacement comparable re- placement dwellings {as defined in subsection 6008{c}} or, in the case of a temporary move {as defined in section 6044), adequate replacement dwellings (as defined in subsection {b} below) are available to such person. (b} l"ne criteria for adequate replacement dwellings are in all respects identical to those for comparable replacement dwellings, except that an adequate replacement dwelling, with respect to the number of room, habitable livin space and type of construction, need be only adequate not comparable. ?c} Reasonable Offer of Replacement Housing. requi of thi The rements s section shall be deemed to have been satisfied if a person is offered and refuses without justification reasonable choices of specifically identified comparable replacement dwellings which fully satisfy the criteria set forth in the Guidelines. The offers shall be in writing, in a language understood by the displaced person. The number of offers determined to be reasonable should be not less than three. {d} Notice. No eligible person occupying property shall be required to move from a dwelling or to move a business or farm operation, without at least 90 days written notice from the public entity requiring the displacements. Public entities shall notify each individual tenant to be displaced as well as each owner-occupant. (These requirements are in addition to those contained in sections 6040 and 6046.} -12- "', ...........a o, ST[}. 4OOA (~,,T~) U k, kl 0 CONtiNUATION $H!IT FLUNG ADMINSTRATIVE REGULATi~i~ WITH THE SECRETARY OF STATE (Pursuant to Government Code ,~ec~on 11380.1) (e) Wai~er. The requirement in subsection (a) above may be waived only when in~nediate possession of real property is of crucial importance and by one of the following circumstances: (1) When displacement is necessitated by a major disaster as defined in Section I02(2} of the "Disaster Relief Act of 1974" {88 Star. 143, 42 U.S.C. 5121}. {2) During periods of declared national or state emergency. 6044. Temporary Move. (a} General. (1) A public entity shall be required to minimize to the greatest extent feasible the use of temporary relocation resources {as defined in section 6042) but, when a project plan anticipates moves back into completed project accomodations, temporary relocation resources may be used, at the displaced person's election for a limited period of time. {2) Temporary relocation does not diminish the responsibility of the public entity to provide relocation assistance, services and benefits designed to achieve permanent relocation of displaced persons into com- parable replacement dwellings. {b) Requirements. {1} Temporary replacement housing may not be relied upon if compara- ble replacement housing will not be available to the displaced person within 12 months of the date of the temporary move. (2} Prior to the move, the public entity shall have determined and have provided written assurance to each displaced person that: {A} Comparable replacement housing will be made available at the earliest possible time but in any event no later than 12 months from the date of the move to temporary housing. Temporarily housed persons may agree to extend the 12 month limitation but, if they do not, the public entity shall ensure that comparable replacement dwell- ings are available within the 12 month period. {B} Comparable replacement housing will be made available, on a priority basis, to the individual or family who has been temporarily rehoused. {C} The move to temporary housing will not affect a claimant's eligibility for a replacement housing payment nor deprive him of the same choice of replacement housing units that would have been made available had the temporary move not been made and the costs of a temporary move will not be considered as all or a partof the reloca- tion payments to which a displaced person is entitled. {D) If a project plan anticipates moves back into replacement housing accon~nodations in the project or program area, the person who has been temporarily displaced will be given priority opportunity to obtain such housing accomodations. {E} The public entity will pay all costs in'connection with the move to temporary housing, including increased housing costs. 6046. Informational Proqram. {a} Basic Requirements. The displacing entit~'~all establish and maintain an information program that provides for the following: -13- CONTINUATION SHEIT OR flUNG ADMINSTRAllVE REGULATI~ WITH THE SECRETARY OF STATE (Pursuant to Geeeminent Code Section 11380.1) (1)' Preparation and distribution of informational material as early as practicable, to each occupant of the property. This material shall be distributed within 15 days following the initiation of negotiations {see paragraph 6040{a){1}} and notless than 90 days in advance of displace- ment except for those situations described in subsection 6042{e)o Where appropriate, separate informational statements shall be prepared for resi- dential and for non-residential occupants. (2) Conducting personal interviews and maintaining personal contacts with occupants of the property to the maximum extent practicable. {3) Utilizing meetings, newsletters, and other mechanisms, including local media available to all persons, for keeping occupants of the property informed on a continuing basis. The criterion for selecting among various alternatives shall be the likelihood of actually comnunicating information to such persons. Legal publications, legal ads in local newspapers of general circulation and similar means which may go unnoticed are deemed to be inadequate. ttLanguage. Informational material should be prepared in the lan- guage most easily understood by the recipients. In displacement areas where there are significant concentrations of persons who do not read, write, or understand English fluently, the native language of the people should be used and all informational material should be provided in the native language{s} and English. {c} Method of Delivery. To assure receipt of the informational material, the local agency should arrange to have the material either hand-delivered to each occupant of the property with a request for a written receipt, or sent by certified mail, return receipt requested. (d) General and Specific Information. In addition to disseminating general information of the type described in this section the displacing · entity shall also provide each person with individual, written notification as soon as his eligibility status has been established. {e) Content of Informational Statement. Attachment A identifies the kinds of information required to be included in statements distributed to occupants of the property. The figure lists minimum requirements. The dis- placing entity should include any additional information that it believes would be helpful. {See Attachment A.) 6048. Survey and Analysis of Relocation Needs. 'T~]"(1) Requirement. Imnediately following the initiation of negotiations interview all eligible persons, business 'concerns, including nonprofit organ- izations, and farm operations to obtain information upon which to plan for and other accomnodations, as well as counseling and assistance needs. housi~)) Coordination with Other Agencies. Other agencies may also be con- ducting surveys in the area at the same time. Coordination will be necessary to avoid duplication and to ensure that.necessary information is available at the appropriate time. Surveys utilized to gather data for social service referrals should be planned in cooperation with social service agencies and a referral system should be established. {3} Information to Persons To Be Displaced. The local agency shall carefully explain and discuss fully with each person interviewed the purpose of the survey and the nature and extent of relocation payments and assistance that will be made available. All persons shall be advised and encouraged to visit the relocation office for information and assistance° -14- CONI'INUA~ON SHIn · ~mf~R FLUNG ADMINSTRA~VE REGULATIr.~I WITH THE SECRETARY OF STATE (Punaunt ~ Govtrnme~ Code Sec~ i13~.1) (4)-* Relocation Records. Based on information obtained during the survey and other sources as applicable, the local agency shall prepare and maintain an accurate relocation record for each person to be displaced. l"ne record Shall contain a description of the pertinent'characteristics of the persons to be displaced and the assistance deemed to be necessary. (b) l"ne survey shall be by direct, personal interview, except where repeated efforts indicate that is not possible. When a person cannot be in- terviewed or the interview does not produce the information to be obtained reasonable efforts shall be made to obtain the information by other means. Eligible persons should be encouraged to bring any change in their needs to the attention of relocation officials. The survey shall be updated at least annually. (c) A public entity shall endeavor to obtain the following information: income; whether a person is elderly or handicapped; size of family; age of children; location of job and factors limiting accessibility; area of preferred relocation; type of unit preferred; ownership or tenant preference; need for social and public services, special schools and other services; eligibility for publicly assisted housing; and with reference to the present dwelling, the rent, the type and quality of construction, the number of rooms and bedrooms, the amount of habitable living space, and locational factors including among others public utilities, public and comnercial facilities {including trans- portation and schools} and neighborhood conditions {including municipal ser- vices). Other matters that concern a household as its members contemplate relocation should also be included. (d) A written analysis of relocation housing needs shall be prepared. It shall be prepared in sufficient detail to enable determination of the avail- ability for all potential displacees of housing which meets the standards set forth in the definition of comparable replacement housing. The information concerning homeownership and rental units shall be provided separately. The number of units needed shall be identified by cost for each size category. The needs of elderly and handicapped households shall be shown separately and shall include information on the number of such households requiring special facilities and the nature of such facilities. The statement of relocation housing needs shall include a description of the locational characteristics of the displacement area neighborhoods corresponding to the requirements of combarable replacement housing. Information shall be provided concerning proximity to present employment sources, medical and recreational facilities, parks, conxnunity centers, shopping, transportation and schools. Information concerning proximity to other relevant needs and amen- ities is essential to ensuring that no residents are incapacitated by the relocation and such information also should be provided. 6050. Failure to Conduct Timely and Effective Survey. When a survey is not conducted in a timely and effective manner, the public entity shall be obligated to make every effort to locate all eligible persons who have moved so that their needs can be included in the survey and the impact on the housing stock in the con~nunity can be more accurately determined. The public entity shall offer such persons all relocation assistance and benefits for which they otherwise qualify and, in addition, shall compensate such persons for all costs occasioned by the entity's failure to provide timely notice and offers of relocation assistance and benefits. S'rD~,4OOA ~. CONTINUATION 5HILrr · ~)R FLUNG ADMINSTRATIVE REGULATr WITH THE SECRETARY OF STATE (Pur~u,,nt to Ge,etnment ~ode Section 11380.1) 6052. S~rvey and Analysis of Available Relocation Resources. {a) (1) To enable a public entity reasonably to determine that the requisite comparable replacement dwellings will be available, the public entity, within 15 days following the initiation of negotiations, shall initiate a survey and analysis of available comparable relocation re- SOUrCeS, If a recent survey that provides the information identified in this section is not available, the public entity shall conduct a survey and analysis of the housing market. If a recent survey is available, but it does not reflect more recent, significant changes in housing market conditions, the survey shall be updated or it shall not be relied upon. (2) When more than 25 households will be displaced, survey results shall be submitted for review to local housing, development and planning agencies and shall be compared to other existing information on housing availability. (3} The survey shall be updated at least annually. (b) The survey area shall be reasonably related to the displacement area and to the needs and preferences of the person. s to be displaced, as indicated in the written analysis prepared pursuant to section 604'8. The survey area shall have relevant characteristics {see subsection 6008(c}} which equal or exceed those of the neighborhood from which persons are to be displaced. {c} A written analysis of relocation housing resources'shall be prepared in sufficient detail to enable determination of the availability for all poten- tial displacees of housing which meets the standards set forth in the definition of comparable replacement housing. The information concerning homeownership and rental units shall be provided separately. The number of units available shall be identified by cost for each size category. Resources available to meet the needs of elderly and handicapped households shall be shown separately and shall include information on the number of units with special facilities and the nature of such facil- ities. The analysis of resources shall include a description of the locational characteristics of the survey area neighborhoods corresponding to the require- ments of comparable replacement housing. Information shall be provided con- cerning proximity to present employment sources (with the consent of the displaced person a potential employer may be substituted), medical and re- creational facilities, parks, conmnunity centers, shopping, transportation and schools. Information concerning proximity to other relevant needs and amenities is essential to ensuring that residents are not incapacitated by the relocation and such information should also be provided. {d} {1} Units which do not satisfy the standards of comparable replace- ment housing, including the locational criteria, shall not be counted as a relocation resource. (2) Uncompleted new construction or rehabilitation shall not be in- cluded in the gross fiure unless there is a substantial likelihood that the units will be avaiVable when needed at or and housing rental costs within the financial means of the prospective occupants. {3} In addition to the other requirements of this section, the gross figure representing the number of units available shall be discounted to reflect both concurrent displacement and the extent to which turnover is represented. Concurrent displacement by the federal government and its agencies, including federally-assisted projects, as well as displacement by other public entities shall be taken into account, Turnover is the ~r'D..AOOA te.-?sl CONtiNUAtiON SHEIT FLUNG ADMINSTRATIVE IIEGULATIC~m~ WITH THE SECRETARY OF STATE (Pursuant to G~,ernment Code ,Section 11380.1) Id U mr dynamic dperation by which occupancy changes occur within a standing inven- tory over a period of time and theoretically could occur in the complete absence of vacancies on a person to person basis. The use of turnover for relocation ~s not permissible. The displacing entity shall assume that four percent of the rental and one percent of the ownership units which meet the standards of comparable replacement dwellings {see section 6008(c}} re- presents turnover. The displacing entity shall use a higher percentage figure if such figure is more accurate. The displacing entity may use a lower figure if it establishes that the lower figure is a more accurate assumption. (4) Publicly subsidized housing, including public housing, shall not be counted as a resource unless it reasonably can be established that: {A} The units will be available when needed; {B} The governmental body providing the subsidy has made, in writing, a reasonably binding con~nitment of assistance; and {C} The units have been inspected and determined to be decent, safe and sanitary and the income ceilings, rent ranges and age restrictions, if any, have been considered. {D} The number of units available in the con~nunity exceeds the number of households in need of the units. This requirement may be waived by the department if the public entity can establish that such units will be replaced by last resort housing within two years. To establish that last resort housing will be developed as required the public entity must have site control with permissive zoning, pre- liminary plans and conditional conmnitments for subsidy and financing or the equivalent. The public entity also must identify ownership. {c} Uncompleted new construction or rehabilitation which is subsidized by public funds shall not be counted as a relocation resource unless the units are being subsidized to provide relocation resources. 6054. Last Resort Housing.. (a) No eligible person shall 'be required to move r'i~his dwe&)ing because of the action of a public entity unless compara- ble replacement housing is available to him. {b) If on the basis of its survey and analysis of relocation needs and resources a public entity cannot determine that comparable replacement housing will be available as required, the public entity may not proceed with any phase of a project or other activity which will result in displacement unless it provides such housing. {See Article 4.} {c) If the action of a public entity has resulted or is resulting in displacement and comparable replacement housing is not available as needed, the public entity shall use its funds, or funds authorized for the project to provide such housing (see Article 4}, or shall terminate or suspend further implementation of the project activity in accordance with the provisions of section 6018. {d} Temporary relocation resources may be relied upon in the interim only if the provisions of section 6004 are satisfied. :~TD. 400A -r I,- M I,,. 0 Z 13 -~- CON11NUATIC)N SHEET ,---,,, ,~OR FLUNG ADMINSTRATIVE REGULAT! WITH THE SECRETARY OF .STATE' (Pursuant t'~ C...=q,,ernme~t Code Section 11380.1) 6056. T~rmination of Relocation Assistance. A public entity's reloca- tionob"GTi'gations cease under the fol.lowing circumstances: (a) A displaced person moves to a comparable replacement dwelling and receives all assistance and payments to which he is entitled; (b) The displaced person moves to substandard housing, refuses reasonable offers of additional assistance in moving to a decent, safe and sanitary replacement dwelling and receives all payments to which he is entitled. {c} All reasonable efforts to trace a person have failed. To ensure that the action of a public entity does not reduce the housing supply in critical categories or locations, unsuccessful efforts to trace a particular displaced person shall not lessen the obligation to provide last resort housing. (See' Article 4.} {d} The business concern or farm operation has received all assistance and payments to which it is entitled and has been successfully relocated or has ceased operations. {e} A person displaced from his dwelling, business or farm refuses reason- able offers of assistance, payments and comparable replacement housing. 6058. Eviction. (a) Eviction is permissible only as a last resort. It in no way affects the eligibility of evicted displaced persons for ~elocation payments. Relocation records must be documented to reflect the specific cir- cumstances surrounding the eviction. {b} Eviction shall be undertaken only for one or more of the following reasons: (1) Failure to pay rent, except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services. (2) Performance of a dangerous, illegal act in the unit. {3) Material breach of the rental agreement and failure to correct breach within 30 days of notice. (4} Maintenance of a nuisance and failure to abate within a reason- able time following notice. {5} Refusal to accept one of a reasonable number of offers of replacement dwellings. {6} The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity. 6060. Evaluation of Relocation. (a) A public entity is encouraged to evaluate its relocation program, assessing the quality and quantity of services provided as well as displacee satisfaction, to determine the adequacy of pro- gram planning and to ascertain whether any persons have been denied the full benefits and services to which they are entitled. The evaluation should be based upon an annual or continual inspection of files and records, case inter- views, and inspection of replacement housing and business and farm replacement locations and discussions with local individuals or organizations familiar with relocation issues. A written evaluation should be prepared at least annually. {b} The files and records of displaced persons and property owners should be selected at random. The review should include any cases that were identified by previous monitoring as requiring corrective action and should assess the public entity's progress in taking corrective action. Both relocation and acquisition activities should be covered by the review. -18- ,,,,, ..........a, CONTINUATION $H!iT ~K)R FLUNG ADMINSTRATIVE REGULATICwi~ WITH THE SECRETARY OF STATE (~ua~ ~ GGq,ermne~ ~e Secti~ 113~.1) (1)-' The relocation sample should include cases in which all pay- ments have been completed and cases in which the person has been displaced but all payments have not yet been made. The sample should provide a basis for the reviewer to determine not only whether payments were computed properly and made promptly, but also whether displaced persons received proper notice'of the full range of relocation assistance and services to which they are entitled. Priority attention should be given to cases in which a grievance has been filed or the agency has determined that a person is ineligible for relocation benefits. {2} ?he acquisition sample should be based on cases in which settle- ment has been completed. However, if necessary to provide a representa- tive sample of acquisition activities, the reviewer should include in- complete transactions in which negotiations have been initiated. (c) After the records and files have been reviewed, the reviewer should select cases for further evaluation through personal interviews with displaced persons and/or owners and the inspection of housing to which persons have moved. ?ne interviews and housing inspections should serve both to spot check the accuracy of the information obtained in the examination of the records and files and give the reviewer a better perspective on the agency's performance. The number and type of cases for which interviews and housing inspections are to be carried out should reflect the reviewer's judgment based on the informa- tion he has just reviewed. Generally, an interview and inspection should be carried out for at least one of every five. cases for which the files and records have been reviewed. Only where the number of persons displaced is less than 25 should the number of interviews and inspections be less than 10. In no case should the number of interviews and inspections be lower than the lesser of five and the number of persons displaced. To the extent possible, the interviews should cover a representative cross section of the types of cases in the agency' workload: e.g., relocation cases involving families of various sizes as well as individuals and business concerns (including both owners and tenants}, and acquisition transactions involving residential co~nercial and industrial , properties. (d) In addition to the above, the following factors are among those which should be considered: {1} The effectiveness of efforts to provide relocation services to displaced persons, including timeliness of notice and correctness of eligibility determinations. (2) The satisfaction of relocated families, individuals and business concerns in their new locations. (3) The extent to which self-moves to substandard housing have been minimized. (4} The effectiveness of efforts to provide relocation services to business concerns, including counseling services and SBA loans to aid in their reestablishment. {5} The promptness of processing claims and the making of payments, including the amounts, delivery, and use of relocation payments. (6) Thenumber and magnitude of rent increases fol.lowing acquisition and displacement. {7} The effectiveness of methods used to resolve difficulties ex- perienced by site occupants. {8} The effectiveness of the public entity's grievance procedures. (9} The extent of resident involvement in planning the relocation program. S'rD, 400A 4~B, 71 ) ~- CDNTINU&NON S~IIT ~ ;OR FLUNG ADMINSTRA~VE REGULAT~ ~ WITH THE SECRETARY OF STATE (~aua~ to Governmerit C~e Secti~ 113~.1) (10)-' The effectiveness in .assuring equal opportunity for displaced persons and in reducing patterns of minority-group concentration. .(11) The effectiveness of relocation in upgrading the housing and overall environmental conditions of persons displaced. {12) The effectiveness of the social service program, including counseling services, in helping residents adjust to relocation and in helping solve individual and family problems. (13) The impact on those segments of the housing market serving the income groups displaced. Article 3. Relocation Payments. 6080. Purpose. The purpose of this Article is to set forth the types of, a~pecificleligibility criteria for, relocation payments to displaced persons. Basic eligibility conditions are set forth in section 6084. Speci- fic conditions. relating to particular payments are described in later sections. 6082. Relocation Payments bY Public Entity. A public entity shall make reloca'~i'6n payments to or on behalf of eligible displaced persons in accordance with and to the full extent permitted by this Article. The obligations des- cribed in this Article are in addition to those in Article 6. 6084. Basic Eliqibility Conditions. A person establishes basic eligi- bility for relocation payments if he satisfies the conditions described in section 6034. A person who moves from real property or who moves his personal property from real property because he will be displaced from other real property on which he conducts a business or farm operation, establishes eligibility on the basis of the move from such other property only for payments made pursuant to section 6090. 6086. Notice of Intent to Displace. A public entity may issue a written Notice of Intent to Displace at any time after forming a reasonable expecta- tion of acquiring real property. Such a notice, by establishing eligibility prior to acquisition, will enable a public entity to respond to hardship and other situations. 6088. Filinq of Claims; Submission of Tax Returns. All claims filed with the pu"BiTc entity shall be submitted within eighteen months of the date on which the claimant receives final payment for the property or the date on which he moves, whichever is later. The displacing entity may extend this period upon a proper showing of good cause. Except where specifically provided otherwise a claimant shall not be re- quired to submit a copy of his tax returns in support of a claim for reloca- tion payments. 6090. Actual Reasonable Movinq Expenses. (a} General. A public entity shall make a payment to a displaced person who satisfies the pertinent eligi- bility requirements of section 6084 and the requirements of this section, for actual reasonable expenses specified below and subject to the limitations set S'rO, 400A (e-?!l CONTINUATION sHIrr ~t~lt FLUNG ADMINSTRATIVE REGULATI~ WITH THE SECRETARY OF STATE (Punuam ~ Governmere C~e SecNon 11380,1 ) forth in subs~ction (c) of this section for moving himself, his family, business, farm operation or other personal property. In all cases the amount of a pay- ment shall not exceed the reasonable cost of accomplishing the activity in- connection with which a claim has been filed. The moving and related expenses for which claims may be filed shall include: (1) Transportation of persons and property not to exceed a distance of 50 miles from the site from which displaced, except where relocation beyond such distance of 50 miles is justified; (2) Packing, crating, unpacking and uncrating personal property; (3) Such storage of personal property, for a period generally not to exceed 12 months, as determined by the public entity to be necessary in connection with relocation; (4) Insurance of personal property while in storage or transit; and (5) The reasonable replacement value of property lost, stolen or damaged (not through the fault or negligence of the displaced person, his agent· or employee) in the process of moving, where insurance covering such loss, theft or damage is not reasonably available. (6} The cost of disconnecting, dismantling, removing, reassembling, reconnecting and reinstailing machinery, equipment or other personal property {including goods and inventory kept for sale} not acquired by the public entity, including connection charges imposed by public utilities for starting utility service. {b) Actual Reasonable Moving Expenses -- Displaced Business Concerns and Farm Operations. In addition to those compensable expenses set forth in sub- section (a) of this section, a displaced business concern or farm operation may file a claim for the following moving and related expenses: (1) The cost directly related to displacement and subject to the limitation imposed by paragraph {b)(2) of: ' {A) Any addition, improvement, alteration or other physical change in or to any structure or its premises in connection with the reassembling, reconnection or reinstallation of machinery, equipment or other personal property. A public entity, at its discretion, may compensate a displaced business or farm for any addition, improvement, alteration or other physical change otherwise required to render such structure, premises, or equipment suitable for the business or farm's use. {B} Modifying the machinery, equipment, or other personal property to adopt it to the replacement location or to utilities available at the replacement location or modifying the power supply. {2} Claims for payment under this subsection shall be subject to the following limitations: /Reimbursable costs shall be reasonable in amount. The cost shall be found by the public entity to be required by law or ordinance or to be otherwise necessary to the reestablish- ment of the displaced business or farm. {C} The cost could not be avoided or substantially reduced at an alternate available and suitable site to which the business was referred. (D) The public entity shall deduct, on the basis of a reason- able estimate, the amount, if any, realized by the displaced business concern as compensation for comparable additions, improvements, alter- ations or other physical changes to the structure and premises acquired, as part of the payment made for the acquisition of such structure and premises. STI:). 400A le,,Tt) CONTINUATION SHEET ~R FLUNG ADMINSTRA~VE REGULATI ~'~" WiTH THE SECRETARY OF STATE (Pu~nt to Government C~e Section I13~.1) (3)-' The cost of any license, permit or certification required by a displaced business concern to the extent such cost is necessary to the reestablishment of its operation at a new location. {4) The reasonable cost of any professional services {including but not limited to, architects' attorneys' or engineers' fees, or con- suitants' charges} necessary for planning the move of personal property, moving the personal property, or installation of relocated personal property at the replacement site. {5} Where an item of personal property which is used in connection with any business or farm operation is not moved but is replaced with a comparable item, reimbursement in an amount not to exceed (1} the re- placement cost, minus any net proceeds received from its sale, or {2) the estimated cost of moving, whichever is less. (c) Advance Payments. A displaced person may be paid for his anticipated moving expenses in advance of the actual move. A public entity shall provide advance payment whenever later payment would result in financial hardship. Particular consideration shall be given to the financial limitations and diffi- culties experienced by low and moderate income persons and small farm and business operations. {d} The specific provisions contained in this section are not intended to preclude a public entity's reliance upon other reasonable means of effec- ring a move, including contracting moves and arranging for assignment of movin expense payments by displaced persons. ?e} Self-moves. Without documentation of moving expenses actually in- curred, a displaced person electing to self-move may submit a claim for his moving expenses to the public entity in an amount not to exceed an acceptable low bid or an amount acceptable to the displacing entity. (f) Personal Property of Low Value and High Bulk Business or Farm Operation. Where, in the judgment of the public entity, the cost of moving any item of personal property of low value and high bulk which is used in connection with any business or farm operation would be disproportionate in relation to its value, the allowable reimbursement for the expense of moving . such property shall not exceed the difference between the cost of replacing the same with a comparable item available on the market and the amount which would have been received for such property on liquidation. This provision may in appropriate situations be applied-to claims involving the moving of junkyards, stockpiles, sand, gravel, minerals, metals and similar property. {g} Documentation in Supportof a Claim. {1} General. Except in the case of a displaced person conducting a self-move as provided in subsection (e} above, a claim for a payment under this section shall be supported by a bill or other evidence of ex- penses incurred. By prearrangement between the public entity, the site occupant, and the mover, evidenced in writing, the claimant or the mover may present an unpaid moving bill to the public entity, and the public entity may pay the mover directly. {2) Business and Farm Operations. Each claim in excess of $1,000 for the costs incurred by a displaced person for moving his business or farm operation shall be supported by competitive bids in such number as are practical. If the public entity determines that compliance with the bid requirement is impractical or if estimates in an amount of less than $1,000 are obtained, a claim may be supported by estimates in lieu of bids. -22- , ............,.- a o, CONTINUATION SHEET FLUNG ADMINSTItATIVE REGULATI~ WITH THE SECRETARY OF STATE (Pursuant to Government Code Sec~on 11380.1) (h) Whenever a public entity must pay the actual cost of moving a displaced person the costs of such move shall be exempt from regulation by the Public Utilities Con~nission as provided by section 7262(e} of the Act. The public entity may solicit competitive bids from qualified bidders for performance of the work. Bids submitted in response to such solicitations shall be exempt from regulation by the Public Utilities Con~nission. 6092. Actual Direct Losses of Tangible Personal Property. (a} General. -A pubsill'entity shall make a payment to a displaced person who satisfies the eligibility requirements of section 6090 and this section, for actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, in an amount determined by the public entity to be in accordance with the provisions of this section, {b} Determining Actual Direct Loss of Property. Actual direct loss of property shall be determined on the basis of the lesser of the following: {1) The fair market value of the property for continued use at its location prior to displacement. {2} The estimated reasonable costs of relocating the property. The public entity may require that the owner first make a bona fide effort to sell the property or it may permit the owner not to do so. The proceeds realized from any sale of all or part of the property shall be deducted from the determination of loss. In calculating payment under this section the reasonable cost of an effort to sell shall be added to the determination of loss. (c) Documentation to Support Claim. A claim for payment hereunder shall be supported by written evidence of loss which may include appraisals certi- · fled prices, bills of sale., receipts, cancelled checks, copies of advertise- ments, offers to sell, auction records, and other records appropriate to support the claim or the public entity may agree as to the value of the pro- perry 1 eft i n pl ace. 6094. Actual Reasonable Expenses in Searchinq for a Replacement Business or Farm. A displaced person who satisfies the pertinent eligibility require-. ments of section 6090 with respect to actual reasonable moving expenses, shall be eligible for a payment in an amount not to exceed $500, in searching for a replacement business or farm, including expenses incurred for: {a} Transportation; {b} Meals and lodging away from home; {c} Time spent in searching· based on the hourly wage rate of the salary or earnings of the displaced person or his representative, but not to exceed $10 per hour; and {d} Fees paidto a real estate agent or broker to locate a replacement business or farm. 6096. Movinq Expenses -- Outdoor Advertisinq Businesses. A displaced person who conducts a lawful activity primarily for assisting in the purchase, sale, resale, manufacture, processing· or marketing of products, commodities, personal property, or services by the erection and maintenance of outdoor advertising displays is entitled to payment for the reasoxLable cost of moving such displays or their in-place value, whichever is )esq. Id U · e_ I l- Id I- 0 ,~--', CONTINUATION SillIT )R RUNG ADMINSTRATIVE REGULAT!( WITH THE SECRETARY OF RATE (Pursuant to Government Code Section 11380. I) 6098. Atternate Pa.~nnents -- Individuals and Families. A person or family, who is displaced from a dwelling and is eligible for a payment for actual rea- sonable n~ving expenses under section 6090, may elect to receive and shall be paid, in lieu of:such payment: {a} A moving expense allowance not to exceed $300, and determined in accordance with established Federal Highway Administration schedules maintained by the California Department of Transportation, and {b} A dislocation allowance of $200. 6100. Alternate Payments -- Businesses and Farm Operations. {a} General. {1} A person who is displaced from his place of business or farm operation and is eligible for payments under sections 6090, 6092, 6094, or 6096, and complies with the requirements of this section, may elect to receive and shall be paid, in lieu of such payments, a payment equal to the average annual net earnings of the business or farm operation {but not including a business as described in section 6096} as determined in accordance with subsection {b} below, except that such payment shall be not less than $2,500 nor more than $10,000. For purposes of this section, the dollar limitation specified in the preceding sentence shall apply to a single business, regardless of whether it is carried on under one or more ~;Val entities. Loss of Goodwill.. When payment under this section will precede settlement of a claim for compensation for loss of good will under the Eminent Domain Law, the public entity before tendering payment shall state in writing what portion of the payment, if any, is considered to be compensation for loss of goodwill and shall explain in writing that any payment made pursuant to Code of Civil Procedure, Sections 1265.510 et seq. {the Eminent Domain Law, Chapter 9, Article 6 - "Compensation for Loss of Goodwill"} will be reduced in the same amount. The portion considered to be condensation for loss of goodwill shall not exceed the difference between the payment made under this section and an amount which reasonably approximates the payments for which the displaced person otherwise would be eligible under Sections 6090, 6092, 6094, and 6096. Failure to provide such written statement and explanation shall consti- tute a conclusive indication that no portion of the payment is considered to be compensation for loss of goodwill for the purposes of that portion of the Code of Civil Procedure referenced above. {b} Requirements -- Businesses. Payment shall not be under this section unless the public entity determines that: {1} The business cannot be relocated without a substantial loss of its existing patronage, based on a consideration of all pertinent circum- stances including such factors as the type of business conducted, the nature of the clientele, the relative importance to the displaced business of its present and proposed location, and the availability of a suitable relocation site; {2} The business is not part of a conmnercial enterprise having another establishment which is not being acquired for a project and which is engaged in the Same or similar business. Whenever the sole remaining facility of a business which has been displaced from its principal location: STD.-4OOA CONTINUATION ,SHEET ~IEFOR FLUNG ADMINSTRATIVE REGULATIbm~ WITH THE SECRETARY OF STATE (Pursuant to ~o~a, rn,'nn.f 4Code Section 11380.1) (A) Has been in operation for less than two years; {B} Has had average annual gross receipts of less than $2,000 during the two taxable years prior to displacement of the major component of the business; or {C} Has had average annual net earnings of less than $1,000 during th'e two taxable years prior to the displacement of the major component of the business, the remaining facility will not be con- sidered another "establishment" for purposes of this section; and {3) The displaced business: {A) Had average annual gross receipts of at least $2,000 during the two taxable years prior to displacement; or (B) The displaced business had average annual net earnings of at least $1,000 during the two taxable years prior to displacement; or {C) The displaced business contributed at least 33-1/3 percent of the total gross income of the owner{s) during each of the two taxable years prior to displacement. If in any case the public entity determines that the two year period prior to displacement is not representative of average receipts, earnings or income, it may make use of a more representative period. {c) Determination of Number of Businesses. In determining whether one or more legal entities, all of which have been acquired, constitute a single business, the following factors among others shall be considered: {1} The extent to which the same premises and equipment are shared, (2} The extent to which substantially identical or intimately inter- related business functions are pursued and bdsiness and financial affairs are con~ningled. (3) The extent to which such entities are held out to the public, and to those customarily dealing with such entities as one business. (4) The extent to which the same person or closely related persons own, control or manage the affairs of the entities. (d) Requirements -- Farms. In the case of a farm operation, no payment shall be made under this section unless the public entity determines that the farm met the definition of a farm operation prior to its acquisition. If the displacement is limited to only part of the farm operation, the operator will be considered to have been displaced from a farm operation if: the part taken met the definition of a farm operation prior to the taking and the taking caused such a substantial change in the nature of the existing farm operation as to constitute a di spl acement. (e) Requirements -- Nonprofit Organizations. In the case of a nonprofit organization, no payment shall be made under this section unless the public entity determines that: (1) The nonprofit organization cannot be relocated without a substan- tial loss of its existing patronage (the term "existing patronage" as used in connection with a nonprofit organization includes the membership, per- sons, confnunity, or clientele served or affected by the activities of the nonprofit organization); and {2} The nonprofit organization is not a part of an enterprise having at least one other establishment not being acquired which is engaged in the same or similar activity. S"rD_4OOA Id U B. r~ l- Id I- 0 COlrIINUATION SitEIT )R FLUNG ADMINSTRATIVE REGULATIr~'~' "' " WITH THE SECRETARY OF STATE (Pursuant to C~v~ment Code Secfien 11380.1) (f) Ne~' Earnings. The term "average annual net earnings" as used in this section means one-half of any net earnings of the business or farm operation, before federal and state income taxes, during the two taxable years inxnediately preceding the taxable year in which the business or farm operation moves from the real property acquired for such project, or during such other period as the head of the public'entity determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse or his dependents during such period. The term "owner" as used in this section includes the sole proprietor in a sole proprie- torship, the principal partners in a partnership, and the principal stockholders of a corporation, as determined by the public entity. For purposes of deter- mining a principal stockholder, stock held by a husband, his wife and their dependent children shall be treated as one unit. (g) If adisplaced person who conducts a business or farm operation elects to receive a fixed payment under this section, he shall provide proof of his earnings from the business or farm operation to the agency concerned. Proof of earnings may be established by income tax returns, financial statements and accounting records or similar evidence acceptable to the public entity. 6102. Replacement Housinq Payments for Homeowners. {a} General. A publi~'~tity shall make to a person who is displaced from a dwelling and who satisfies the pertinent eligibility requirements of section 6084 and the condi- tions of subsection {b} of this section, a payment not to exceed a combined total of $15,000 for: (1} The amount, if any, which when added to the acquisition cost of the dwelling acquired for the project equals the reasonable cost, as deter- mined in accordance with subsection {c}, of a comparable replacement dwelling. This amount shall not exceed the difference between the acqui- sition price of the acquired dwelling and the actual purchase price of the replacement dwelling, except where a displaced person, in the circum- stance described in paragraph 6108(a){1}, is willing to use the extra money to improve the condition of the dwelling. {2) The amount, if any, to compensate the displaced person for any increased interest costs, as determined in accordance with subsection (c), he is required to pay for financing the acquisition of a replacement dwelling. The payment shall not be made unless the dwelling acquired by the public entity was encumbered by a bonafide mortgage which was a valid lien on the dwelling for not less than 180 days prior to the initation of negotiations for acquisition of such dwelling. {This time requirement may be modified in accordance with the provisions of subsection {b} below.) (3) Reasonable expenses, determined in accordance with subsection (c) of this section, incurred by the displaced person incident to the purchase of the replacement dwelling. (4} In accordance with section 6106, the cost of rehabilitating a dwelling which does not satisfy the decent, safe and sanitary standard. {b} Eligibility Conditions. (1} A displaced person is eligible for payment under this section if such person: STD. 4OOA ld U · a. 3: Z ~C 0 Z CONTINU&TION ~HI~T · ~ee':Oe RUNG ADMINSTRATIVE REGULATteeld$ WITH THE-SECRETARY OF STATE (Pursuefit to GoverNRent Cede SectiRe 11380,1) (A) Is displaced from a dwelling that is acquired; {B) Has actually owned and occupied such dwelling for not less than 180 days prior to the initiation of negotiations for its acqui- sition; and {C} Purchases and occupies a replacement dwelling within one year subsequent to the date on which he received final payment from the public entity of all costs of the acquired dwelling or the date on which he moves from the acquired dwelling, whichever is later. (2) If an owner satisfies all but the 180 day requirement and can establish to the satisfaction of the public entity that he bought the dwelling with the intention of making it his place of residence, that the move was not motivated by a desire to receive relocation assistance and benefits, and that he neither knew nor should have known that public acquisition was intended the public entity may reduce the requirement as necessary. {3) Where for reasons beyond the control of the displaced person completion of construction, rehabilitation, or relocation of a replacement dwelling is delayed beyond the date by which occupancy is required, the public entity shall determine the date of occupancy to be the date the displaced person enters into a contract for such construction, rehab- ilitation, or relocation or for the purchase, upon completion, of a dwelling to be constructed or rehabilitated, if, in fact, the displaced person occupies the replacement dwelling when the construction or re, habilitation is completed. {4) Where, for reasons of hardship or circumstances beyond the control of the displaced person, such person is unable to occupy the replacement dwelling by the required date, the public entity may extend the deadline as necessary. If by the deadline the displaced person has contracted to purchase a replacement dwelling, the public entity should extend the deadline. (5) No person otherwise eligible for a payment under this section or under section 6104 shall be denied such eligibility as a result of his being unable, because of a major state or national disaster, to meet the occupancy requirements. {c) Computation of Replacement Housing Payment. (1) Cost of Comparable Replacement Dwelling. {A) In determining the reasonable cost of a comparable replace- ment dwelling, the public entity concerned shall use one of the fol- lowing methods: 1.- Comparative Method. On a case-by-case basis by deter- mining the listing price of dwellings which have been selected by the public entity and which are most representative of the acquired dwelling unit and meet the definition of comparable replacement dwelling set out in subsection 6008{c)..Whenever possible the listing price of at least three dwellings shall be considered. 2. Schedule Method. Where the public entity determines that the comparative method is not feasible, it may establish a schedule of reasonable acquisition costs for the various types of comparable replacement dwellings. If more than one entity is administering a project causing displacement in the area, it shall cooperate with the other entities in establishing a uniform schedule for the area. The schedule shall be based on a current U ,( Z e, t- O Z · ~"'- CONTINUAtiON SNIET ,~ ,)R FLUNG ADMINSTRATIVE REGULATI( WITH THE SECRETARY OF STATE (Pursuant to Government Cede Section 11380.1) analysis of the market to determine a reasonable cost .for each type of dwelling to be purchased. In large urban areas this analysis may be confined to the sub-area from which persons are displaced or may cover several different sub-areas, if they satisfy or exceed the criteria listed in subsection 6008{c). To ~ssure the greatest comparability of dwellings in any analysis, the analysis shall be divided into classifications of the type of construction, number of bedrooms, and price ranges. 3. Alternative Method. Where the public entity deter- mines that neither the schedule, nor comparative method is feasible in a given situation., by the use of another reasonable method. {B} Whichever method is selected the cost shall be updated to within three months of the date of purchase of the replacement dwel 1 i ng. {2} Interest Payments. Interest payments shall be equal to the dis- counted present value of the difference between the aggregate interest applicable to the amount of the principal of the mortgage on the acquired dwelling over its remaining term at the time of acquisition, and other debt service costs, and the aggregate interest paid on the mortgage on the replacement dwelling, and other debt service costs. The term and amount of the mortgage on the replacement dwelling for purposes of this paragraph shall be the lesser of the remaining term and amount of the mortgage on the acquired dwelling, or the actual term and amount of the mortgage on the replacement dwelling. The amount of the debt service cost with respect to the replacement dwelling shall be the lesser of the debt service cost based on the cost required for a comparable dwelling, or the debt service cost based on the actual cost of the replacement dwelling. Prepaid interest or "points" shall be considered in the determination of aggregate interest. In calculating the amount of compensation, increased interest cost shall be reduced to discounted present value using the prevailing interest rate paid on savings deposits by comnercial banks in the general area in which the replacement dwelling is located. {3) Expenses Incident to the Purchase of the Replacement Dwelling. Payment under this section shall include the amount necessary to reimburse the displaced person for actual costs incurred by him incident to the purchase of the replacement dwelling, including but not limited to the following: legal, closing, and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats, and charges paid incident to recordation; lender, FHA, VA or similar appraisal cost; FHA, VA or similar application fee; cost for certification of structural soundness; credit report charges; charge for owner's and mortgagee's evidence or assurance of title; escrow agent's fee; and sales or transfer taxes. Payment for any such expenses shall not exceed the amount attributable to the purchase of a replacement dwelling. Such expenses shall be reasonable and legally required or customary in the conmuni ty. Reimbursement shall not be made under the provisions of this paragraph for any fee, cost, charge, or expense which is determined to be a part of the debt service or finance charge under Title I of the Truth in Lending Act {Pub. t. 90-321}, and Regulation Z issued pursuant thereto by the Board of Governors of the Federal Reserve System. Any such sum should be considered in the determination of interest payments. ' STt),4OOA CONTINUATION SHIll' ~iOR FLUNG ADMINSTRATWE REGULATIblef WffH THE SECRETARY OF STATE (~ua~ to GovernmeN C~e Secsi~ 113~.1) (d) Multi-family Dwelling. In the case of a displaced homeowner who is required to move from a one-family unit of a multi-family building which he owns, the replacement housing payment shall be based on the cost of a compara- ble one-family unit in a multi-family 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 in such a multi-family building is not available, the cost of an otherwise co~arable single-family structure. (e) Owner Retention. {1} If a displaced homeowner elects to retain, move, and occupy his dwelling, the amount payable under this section is the difference between the acquisition price of the acquired property and the sum of the moving and restoration expenses, the cost of correcting decent, safe, and sani- tary deficiencies, if any, and the actual purchase price of a comparable relocation site. A public entity may limit the payment made under this subsection to the amount of the replacement housing payment for which the homeowner would otherwise be eligible. {2} The payment shall not exceed $15,000. (f} Provisional Payment Pending Condemnation. If the exact amount of a replacement housing payment cannot be determined because of a pending condem- nation suit, the public entity concerned may make a provisional replacement housing payment to the displaced homeowner equal to the difference between the public entity's maximum offer for the property and the reasonable cost of a comparable replacement dwelling, but only if the homeowner enters into an agreement that upon final adjudication of the condemnation suit the replace- ment housing payment will be recomputed on the basis of the acquisition price determined by the court. If the acquisition price as determined by the court is greater than the maximum offer upon which the provisional replacement housing payment is based, the difference will be refunded by the homeowner to the public entity. If the acquisition price as determined by the court is less than the maximum offer upon which the provisional replacement housing payment is based, the difference will be paid to the homeowner. {g) Lease of Condominium. For the purposes of this section, the leasing of a condominium for a 99-year period, or for a term which exceeds the life expectancy of the displaced person as determined by the most recent life tables in Vital Statistics of the United States, as published by the Public Health Service of the Department of Health, Education andWelfare,I shall be deemed a purchase of the condominium. Gener~A make to a displaced person who satisfies the eligibility requirements of section 6084 and the conditions of subsection {b} below, a payment not to exceed $4,000 for either: {1) An amount, computed in accordance with paragraph {d}{1} of this section, necessary to enable such person to lease or rent a replacement dwelling for a period not to exceed 4 years; or {2) An amount, con~Duted in accordance with paragraph {d}{2) of this section, necessary to enable such person to make a downpayment on the purchase of a replacement dwelling {including incidental expenses des- cribed in section 6102}. If such amount exceeds $2,000, the displaced person shall equally match any such amount in excess of $2,000 in making the downpayment. STD. 400A CONllNUATION SHIET )R' FILING ADMINSTRATIVE REGULATIC WITH THE SECRETARY OF STATE ~ (l~e~uam to Ge~ermee,t Cede $e:tiae 11380.1) (b) Eligibility Conditions, A displaced person is eligible for the pa,~nnents specified in subsection Ca).if he satisfies the following conditions: (,1) Has occupied the dwelling from which he is displaced for a period of not less. than gO days prior to the initiation o~ negotiation for acqui- sition of such ciwelling, (2) Is not eligible to receive a replacement housing payment for homeowners under section 6102 or elects not to receive such payment. Where the displaced person is the owner-occupant of the dwelling, the payment made under paragraph 6104{a}{2} shall not exceed the amount of payment to which the person would be eligible under section 6102. {3} Whenever a payment under subsection {a}{2) is sought the dis- placed person shall within one year from the date of displacement pur- chase and occupy a replacement dwellin . (c) The provisions in subsection 6102tb) for modifying the conditions of eligibility also apply to this section. (d) Computation of Payment. {1} Rentals. l"ne amount of payment necessary to lease or rent a comparable replacement dwel 1 i ng, under subsecti on {a } { 1 ), shal 1 be com- puted by subtracting 48 times the base monthly rental of the displaced person {as determined in accordance with this subsection), from 48 times the monthly rental for a con~arable replacement dwelling (as determined in accordance with this subsection}: Provided, that in no case may such amount exceed the difference between 48 times the base monthly rental as determined in accordance with this subsection and' 48 times the monthly rental actually required for the replacement dwelling occupied by the displaced person. {A) Base Monthly Rental. The base monthly rental shall be the lesser of the average monthly rental paid by the displaced person for the 3-month period prior to initiation of negotiations and 25 percent of the displaced person's average monthly income. {See subsection 6008(1}.} Where the. displaced person was the owner of the dwelling from which he was displaced or was not required to pay rent for that dwelling, the economic rent {see subsection 6008{h}) shall be used in lieu of the average monthly rental to calculate base monthly rental. {B} Comparable Rental. The monthly rental for a comparable replacement dwelling shall be the amount of rent determined by the public entity by one of the methods described in paragraph 6102{c)(1}, considering rental charges instead of listing price or acquisition cost. {C) Whichever method is selected the cost shall be updated to within three months of the date of rental of the replacement dwelling. {2) Downpayment. The downpayment for which a payment specified d un er paraoraph {a){2) of this section may be made, together with any matching share which may be required, shall not exceed the amount of a reasonable downpayment for the purchase of a comparable replacement dwelling where such purchase is financed, plus expenses incident to the purchase of a replacement dwelling computed in accordance with Section 6102. l'ne full amount Of a downpayment under this section shall be applied to the purchase of the replacement dwelling and shall be shown on the closing statement or ol~her document acceptable to the public entity. STI:2.-4OOA (e-Tt) WITH THE SECRETARY OF STATE (Pungent to Gemrnment Code Section 11380.1) (e) Ren'{al Payments for Displaced Owners and Dependents. (1} Owners. A displaced owner who elects to rent rather than purchas a replacement dwelling and who meets the eligibility conditions specified in subsection {b) is eligible for the payment specified'in paragraph {a}{1}. {2) Depe. ndents. A dependent who is residing separate and apart from the person or family providing support, whether such separate residence is permanent or temporary, shall be entitled to payment under this section, but such payment shall be limited to the period during which the displaced dependent resides in the replacement dwelling. At the time the displaced dependent vacates that dwelling, no further payment under this section shall be made to such person. For the purposes of this paragraph a 'dependent' shall be a person who derives fifty-one percent or more of his income in the form of gifts from any private person or any academic scholarship or stipend. Full-time students shall be presumed to be dependents but may rebut this presumption by demonstrating that fifty percent or more of their income is derived from sources other than gifts from another private person or academic scholarships or stipends. Dependents residing with the .family of which they are a part shall not be entitled to any payment except as a part of the family. {f} Disbursement. Except where specifically provided otherwise, the public entity shall have the authority to disburse payments under this section in a lump sum, monthly or at other intervals acceptable to the displaced person. 6106. Proration of Ba~nnents. For the purpose of calculating an alternate payment under section 6098 or a replacement housing payment under section 6102 or 6104, two or more individuals {whether they are men~ers of one family or not) living together in and displaced from a single dwelling shall be regarded as one person. Where a tenant is sharing a single-family dwelling with an owner-occupant and paying the owner-occupant rent for the privilege, the tenant shall not be entitled to more than one-half of the rental supplement otherwise payable. The owner-occupant shall not be required to share the payment to which he is entitled or accept a prorated amount. 6108. Condition of Replacement Dwellin . (a} When a displaced person qualifies for a replacement housing payment ?under section 6102 or 6104) by purchasing or renting a replacement dwelling, the unit, as a general rule, must be decent, safe and sanitary. There are three exceptions. One is described in paragraph 6040{a){6}. The others are: (1) If the purchase of such a dwelling is the result of the public entity's failure to identify a reasonable number of comparable replace- ment dwellings as required or if the dwelling is one to which the person was r red by the public entity, the condition of the dwelling does not e igibility for a replacement housing payment. f the purchase of such a dwelling is not the result of a public entity's referral or failure to refer, the otherwise eligible person qualifies for a replacement housing payment if the unit is brought into compliance with the decent, safe and sanitary standard. In this situa- tion payment shall be limited to the amount that would be provided .in connection with the purchase of a similar, comparable replacement dwelling or the sum of the actual costs of acquisition {including related expenses) and rehabilitation, whichever is less. S'FD. 4OOA /---~ CONTINUATION SHEET )R flUNG ADMINSTRATIVE REGULATIC · -~/ WITH THE SECRrrARY OF STATE ", (Pursuant to Gevernment Cocle $ec:~en 11380.1) {b) A p, blic entity shall not induce or encourage a displaced person to acquire a dwelling which does not satisfy the comparable replacement housing standard. {See section 6008{c). } who is otherwise eligible for a replacement housing payment, the public entity concerned shall certify to any interested party, financial institution, or lending agency, that the displaced homeowner or tenant will be eligible for the payment of a specific sum if he purchases and occupies a dwelling within the ti me 1 i mi ts pres cri bed. 6112. Mobile Homes. {a} General. A mobile home is a dwelling. {See subsection 6008{g).) A person displaced from a mobile home must satisfy the same eligibility requirements and must be'provided the same assistance, assur- ance and payments as a person displaced from a conventional dwelling. {b) Moving Expenses. If a mobile home is moved to another site, the dis- placed person shall be compensated for moving expenses in accordance with sections 6090 and 6092. The provisions of these sections which generally apply only to businesses and farms shall also apply to displaced persons who move a mobile home. {c} Replacement housing payments. {1) A person who owns a mobile home and site and as a replacement purchases both a dwelling and site shall be provided a replacement housing payment in accordance with section 6102. A person who owns a mobile home and site, and as a replacement rents both a dwelling and si~e, shall be provided a payment in accordance with section 6104. {2) A person who rents a mobile home and site, and as a replacement rents or purchases a dwelling and. site, shall be provided a payment in accordance with section 6104. {3) A person who owns a mobile home and site, and as a replacement purchases a dwelling and rents a site, shall be provided a payment in accordance with sections 6102 and 6104. The payment shall be limited to the lesser of: {A) The amount necessary to purchase a conventional comparable replacement dwelling; and {B) The amount necessary to purchase a replacement mobile home {in accordance with section 6102) plus the amount necessary to rent a replacement site {in accordance with section 6104}. In calculating this amount, the economic rent for the site shall be used in lieu of average monthly rental to determine the base monthly rental {as provided in paragraph 6104{d}{1} }. {4} A. person who owns a site from which he moves a mobile home shall be provided a replacement housing payment under section 6102 if he purchases a replacement site and under section 6104 if he rents a re- placement site. {5) A person who owns a mobile home which is acquired and rents the site shall be provided payment as follows: STD.-4.OOA CONtiNUATION SHEET FILING ADMINSTRATIVE REGULATI~ WITH THE SECRETARY OF STATE (Pvrseant ~ Government Code 5ecHoe 11380.1) -' (A) If a mobile home is not available the amount required to purchase a conventional replacement dwelling {in accordance with section 6102); (B} The amount necessary to purchase a replacement mobile home (in accordance with section 6102) plus the amount necessary to lease, rent or make a downpayment on a replacement site {in accordance with section 6104}; or {C) If he elects to rent a replacement mobile home and site, the amount required to do so in accordance with section 6104. In calculating this payment, the average monthly rental shall equal the economic rent for the mobile home plus the actual rent for the site. {6) Similar principles shall be applied to other possible combina- tions of ownership and tenancy upon which a claim for payment might be based. 6114. Affected Pro ertv. (a) In addition to the payments required by Section 7262 of the Act Isee sections 6090, 6092,6094, 6096, 6098 and 6100), as a cost of acquisition, the public entity shall make a payment to any af- fected property owner meeting the requirements of this section. {b) Such affected property is inmmdiately contiguous to property acquired for airport purposes and the owner shall have owned the property affected by acquisition by the public entity not less than 180 days prior to the initiation of negotiation for acquisition of the acquired property. {c} Such payment, not to exceed fifteen thousand dollars ($15,000}, shall be the amount, if any, which equals the actual decline in the fair market value of the property of the affected property owner caused by the acquisition by the public entity for airport purposes of other real property and a change in the use of such property. (d} The amount, if any, of actual decline in fair market value of affected property shall be determined according to rules and regulations adopted by the public entity. Such rules and regulations shall limit payment under-this section only to such circumstances in which the decline in fair market value of affected property is reasonably related to objective physical change in the use of acquired property. {e) "Affected property" means any real property which actually declines in fair market value because of acquisition by a public entity for public use of other real property and a change in the use of the real property acquired by the public entity. Article 4. Last Resort Housing. 6120. PurVose. The purpose of this part is to set forth the criteria and procedures or assuring that if the action of a public entity results, or will result in displacement, and comparable replacement housing will not be available as needed, the public entity shall use its funds or funds author- ized for the project to provide such housing. -33- ., ......... ..- a, o. /----,CONTINUATION SH!!T :~R flUNG ADMINSTRATIVE REGULATI/'*"~ ,, ~, ,IWITH THE SECRETARY OF STATE ', (Pursuant to Cavernssent Code Sectlo~ 1~380.1) 6122. D~termination of Need for Last Resort Housinq. If on the basis of data'~'Fl'ved from surveys and analyses which satisfy the requirements of sections 6048 and 6052, the public entity is unable to demonstrate that compara- ble replacement.housing will be available as required, the head of the public entity shall determine whether to use the public entity's funds or the funds authorized for the'project to provide such necessary replacement housing or to modify, suspend or terminate the project or undertaking. U Z Id e, 0 o Q 6124. Development of Replacement Housinq Plan. (a} General. (1} Following the determination pursuant to section 6122, the head of the displacing public entity shall develop or cause to be developed a replacement housing plan to produce a sufficient number of comparable replacement dwellings. The plan shall specify how, when and where the housing will be provided, how it will be financed and the amount of funds to be diverted to such housing, the prices at which it will be rented or sold to the families and individuals to be displaced, the arrangements for housing management and social services as appropriate, the suitability of the location and environmental impact of the proposed housing, the arrangements for maintaining rent levels appropriate for the persons to be rehoused, and the disposition of proceeds from rental, sale, or resale of such housing. If a referendum requirement or zoning presents an obstacle, the issue shall be addressed. (2) All contracts and subcontacts for the construction, rehabilita- tion or management of last resort housing shall be let without discrimina- tion as to race, sex, marital status, color, religion, national origin, ancestry or other arbitrary circumstance and pursuant to an affirmative action program. The public entity shall encourage participation by minority persons in all levels of construction, rehabilitation, planning, financing and management of last resort housing. When the housing will be located in an area of minority concentration, the public entity shall seek to secure significant participation of minorities in these activities. The public entity shall require that, to the greatest extent feasible, opportunities for training and employment arising in connection with the planning, construction, rehabilitation, and operation of last resort housing be given to persons of low income residing in the area of such housing and shall determine and implement means to secure the participa- tion of small businesses in the performance of contracts for such work. (b} Citizen Participation. {1} If the need for last resort housing exceeds 25 units, the head of the displacing public entity shall establish a con~nittee which will' consult with and provide advice and assistance to the displacing public entity in the development of the plan. llie committee should include appointed representatives of the displacing entity and state and local agencies knowledgeable regarding housing in the area, including but not limited to the local housing authority and the central relocation agency, if any. In addition, the committee should include representatives of other appropriate public groups (for example, local and areawide planning agencies} and private groups knowledgeable regarding housing and the problems of housing discrimination. (2} The committee shall include representatives of the residents to be displaced. These representatives may be appointed by the displacing entity or elected by the residents, as the residents wish. Resident repre- sentatives shall, at a minimum, constitute one-third of the committee membership. Votes shall be allocated so that the total votes of resident representatives shall equal one-half of the total votes of the committee membership. STD: 400A CONTINUATION SNgk'T FLUNG AOMINSTRATIV! REGULAI~IdS WITH THE SECRETARY C)F STATE (Pursuant to Govirr,,.,l.lt Cede ,Section 11380.1) (3)' The plan must be approved by the vote of a simple majority of the con~nittee ment~ership. In the event the committee fails to approve the plan, the local governing body or, where the displacing entity is a state agency, the head of the state agency may substitute its approval. (.c) Consultation with Other Housing Agencies and Organizations. The head of the displacing public entity may consult or contract with the department, a local housing authority, or other agency or organization having experience in the administration or conduct of housing programs to provide technical assis- tance and advice in the development of the replacement housing plan. 6126. Submission of Plan for Cogent. The head of the displacing public entity shall submit the plan and all significant amendments to the department and local housing and planning agencies for conxnent and to assure that the plan accurately reflects housing conditions and needs in the relocation area. Reviewing agencies shall have 30 calendar days following receipt of the plan to prepare their con~nents. Copies of all conmnents received shall be forwarded to the con~nittee and available to all interested persons. General notice of the plan shall be provided. Notice shall be designed to reach ~he residents of the'relocation area; it shall be inlaccordance with the provisions of paragraph 6046{a)(3} and subsection 6046{b); and it shall be provided 30 days prior to submission to the conTnittee, or the local govern- ing body or head of state agency for approval. , 6128. Determination by Displacing Public Entity of Feasibility an~Com- pliance. Upon receipt and consideration of the comments, the displactng public entity shall determine whether or not: {a) The plan is feasible. {b) The plan complies with applicable environmental standards and pro- cedures. (c) The plan is compatible with the local general plan and housing element and the areawide housing plan or strategy. If any of the above determinations by the displacing public entity is negative the displacing public entity shall revise the plan as necessary. Substantial modifications in the plan .shall be submitted for review and comment as provided in section 6126. If necessary for timely implementation of the plan or execution of the project, the head of the displacing public entity may shorten the time allowed in section 6126 for-review of modifications. 6130. In;lementation of the Replacement Housinq Plan. Upon making the determinations required by section 6128, the head of the displacing entity may expend funds and take such other actions as necessary to provide, rehabili- tate, or construct replacement housing pursuant to the approved replacement plan through methods including but not limited to the following: housing) Transfer of funds to state and local housing agencies. (b) Contract with organizations experienced in the development of housing. (c} Direct construction by displacing public entity. Whenever practicable, the head of the displacing public entity should utilize the services of federal, state, or local housing agencies, or other agencies having experience in the administration or conduct of similar housing programs° S'rD.-4OOA CONllNUATION 5HILT flUNG ADMINSTRATIVE REGULATIC WITH THE SECRETARY OF STATE (Pursuant to Government Code Sectart 11380.1) 6132. HOusing Production. The head of ~he displacing public entity shall monitor"'~'~gne production of the last resort housing to ensure that it is in accordance with the plan. 6134. Jointly Sponsored Development. Where several agencies are adminis- tering" programs resulting in residental displacement, opportunities shall be sought for joint development and financing to aggregate resources in order most efficiently to provide replacement housing in sufficient quantity to satisfy the aggregate needs of such programs. 6136. Last Resort Housinq In Lieu of Payments. A public entity shall not require a displaced person to accept a dwelling provided pursuant to this Article in lieu of the displaced person's acquisition payment, if any, for the real property from which he is displaced or the relocation payments for which he may be eligible. Fz~.~· Conformity with the Act and Other Statutes, Policie~ and Proce- du~. {a) Civil Rights and Other Acts. The administration of this Article shall be in accord with the provisions of the Unruh Civil Rights Act (Civil Code, Sections 51 et seq.}, the Rumford Act {Health and Safety Code, Section 35700 et seq.), Section 1 of the Civil Rights Act of 1866 (42 U.S.C. 1982}, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Environmental Quality Act of 1970 {Public Resources Code, Section 21100 et seq.) and regulations issued pursuant thereto. (b) Dwelling and Relocation Standards. Determinations made pursuant to section 6122 and any plan developed and implemented for providing replacement housing and all such housing provided .thereunder shall be in conformity with the standards established in the Act and Guidelines Z 0 Z Article 5. Grievance Procedures. 6150. Purpose. The purpose of this article is to set forth guide- lines for processing appeals from public entity determinations as to eligi- bility, the amount of payment, and for processing appeals from persons aggrieved by a public entity's failure to refer them to comparable permanent or adequate temporary replacement housing. Public entities shall establish procedures to implement the provisions of this Article. belie hi r ~y a dete~ination as to eligibility, the amount of payment, the failure of the public entity to provide comparable permanent or adequate temporary replacement housing or the public entity's property management practices may, at his election, have his claim reviewed and re- considered by the head of the public entity.or an authorized designee (other than the person who made the determination ~n question} in accordance with the procedures set forth in this article, as supplemented by the procedures the public entity shall establish for such review and reconsiderationo STD,-,/,OOA CONTINUATION $NIIT FLUNG ADMINSTRATIVE REGULATI(~W' WITH THE SECRETARY OF STATE (Pursuant to Governmeet Code Section 11380.1) (b) A person or organization directly affected by the relocation plan may petition the department to review the final relocation plan of a public entity to determine if the plan is in compliance with state laws and guidelines or review the implementation of a relocation plan to determine if the public entity is acting in compliance with its relocation plan. Review undertaken by the department under this section may be informal or may follow the pro- cedures outlined in Government Code, Sections 11180 et seq. Before conducting an investigation under the Government Code sections, the department should attempt to constrain disputes between parties. Failure to petition the department shall not limit a complainant's right to seek judicial review. {c} If a relocation appeals board has been established pursuant to Section 33417.5 of the Health and Safety Code, a city by ordinance may desig- nate the board to hear appeals from local public entities which do not have an appeal process. In the absence of such an ordinance, public entities shall establish procedures to implement the provisions of this Article. 6154. Notification to Con~plainant. If the public entity denies or refuses to consider a claim, the pub|lc entity's notification to the complain- ant of its determination shall inform the complainant of its reasons and the applicable procedures for obtaining review of the decision. If necessary, such notification shall be printed in a language other than English in accordance with section 6046. 6156. Stages of Review by a Public Entity. (a) Request for Further Written Information. A complainant may request the public entity to provide him with a full written explanation of its determination and the basis there- fore, if he feels that the explanation accompanying the payment of the claim or notice of the entity's determination was incorrect or inadequate. The public entity shall provide such an explanation to the complainant within three weeks of its receipt of his request. {b} Informal Oral Presentation. A complainant may request an informal oral presentation before seeking formal review and reconsideration. A request foran informal oral presentation shall be filed within the period described in subsection (d) of this section, and within 15 days of the request the public entity shall afford the complainant the opportunity to make such presentation. The complainant may be represented by an attorney or other person of his choosing. This oral presentation shall enable the complainant to discuss the claim with the head of the public entity or a designee (other than the person who made the initial determination} having. authority to revise the initial determination on the claim. The public entity shall make a sun~nary of the matters discussed in the oral presentation to be included as part of its file. The right to formal review and reconsideration shall not be conditioned upon requesting an oral presentation. {c) Written Request for Review and Reconsideration. At any time within the period described in subsection (d) a complainant may file a written request for formal review and reconsideration. The complainant may include in the request for review any statement of fact within the complainant's knowledge or belief or other material which may have a bearing on the appeal. If the complainant requests more time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis therefor, the complainant's request should be granted. STZ~,4,0OA Ill U e I 3~ I,,,, Z M ; i- 0 Z CONTINUATION SHUT ~R flUNG ADMINSTRATIVE REGULATIC''~'~ WITH THE SECRETARY OF STAff (Pursuant to Ga~ernment Cocte Sectio~ 11380.1) (d) Time' Limit for Requesting Review. A complainant desiring either an informal oral presentation or seeking a formal review and reconsideration shall make a request to the public entity within eighteen months following the date he moveS. from the property or the date he receives final compensation for the property, whichever is later. 6158. Formal Review and Reconsideration by the Public Entity. (a} General. The public entity shall consider the request for review and shall decide whether a modification of its initial determination is necessary. This review shall be conducted by the head of the public entity or an authorized, impartial designee. (The designee may be a coonittee}. A designee shall have the authority to revise the initial determination or the determination of a previous oral presentation. The public entity shall consider every aggrieved person's complaint regardless of form, and shall, if necessary provide assistance to the claimant in preparing the written claim. When a claimant seeks review, the public entity shall inform him that he has the right to be represented by an attorney, to present his case by oral ordocumentary evidence, to submit rebuttal evidence, to conduct such cross-examination as may be required for a full and true disclosure of facts, and to seek judicial review once he has exhausted administrative appeal. {b} Scope of Review. The public entity shall review and reconsider its initial determination of the claimant's case in light of: {1} All material upon which the public agency based its original determination including all applicable rules and regulations, except that no evidence shall be relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross-examine the witness. {2) The reasons given by the claimant for requesting review and reconsideration of the claim. {3) Any additional written or relevant documentary material sub- mitted by the claimant. {4} Any further information which the public entity in its dis- cretion, obtains by request, investigation, or research, to ensure fair and full review of the claim. ~ {c} Determination on Review by Public Entity. (1} The determination on review by the public entity shall include, but is not limited to: {A} The public entity's decision on reconsideration of the claim. {B} The factual and legal basis upon which the decision rests, including any pertinent explanation or rationale. {C} A statement to the claimant of the right to further admin- -istrative appeal, if the public entity has such an appeal structure, or if not, a statement to the claimant that administrative remedies have been exhausted and judicial review may be sought. {2} The determination shall be in writing with a copy provided to the claimant. {d} Time Limits. (1} The public entity shall issue its determination of review as soon as possible but no later than 6 weeks from receipt of the last ma- terial submitted for consideration by the claimant or the date of the hearing, whichever is later. " CONTINUATION SHEIT ,~rOR FLUNG ADMINSTRATIVE RZGULATIV WITH THE SECRSTAR~ OF STAff (Pursuant so Govermeent Code Section 11380, I) (2)- In the case of complaints dismissed for untimeliness or for any other reason not based on the merits of the claim, the public entity shall furnish a written statement to the claimant stating the reason for the dismissal of the claim as soon as possible but no later' than 2 weeks from receipt of the last material submitted by the claimant or the date of the hearing, whichever is later. 6160. Refusals ~o Waive Time Limitation. Whenever a public entity rejects a request by a claimant for a waiver of the time limits provided in section 6088, a claimant may file a written request for review of this decision in accordance with the procedures set forth in sections 6156 and 6158, except that such written request for review shall be filed within 90 days of the claimant's receipt of the public entity's determination. 6162. Extension of Time Limits. The time limits specified in section 6156 may be extended for good cause by the public entity. 6164. Recon~nendations by Third Party. Upon agreement between the claimant and the public entity, a mutually acceptable third party or parties may review the claim and make advisory recomnendations thereon to the head of the public entity for its final determination. In reviewing the claim and making recomendation~ to the public entity, the third party or parties shall be guided by the provisions of this ArticTe. 6166. Review of Files by Claimant. Except to the extent the confiden- tiality of material is protected-by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect all files and re- cords bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly denied access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination 6168. Effect of Determination on Other Persons. The principles estab- lished in all determinations by a public entity shall be considered as prece- dent for all eligible persons in similar situations regardless of whether or not a person has filed a written request for review. All written determina- tions shall be kept on file and available for public review. 6170. Riqht to 'Counsel. Any aggrieved party has a right to representa- tionby"~egal or other counsel at his expense at any and all stages of the pro- ceedings set forth in these sections. preve sp t entity shall not require the complainant to move until at least 20 days after it has made a determination and the com- plainant has had an opportunity to seek judicial review. In all cases the public entity shall notify the complainant in writing 20 days prior to the proposed new date of displacement. -39- , .....,- ,-, ....a o CONTINUATION SHEIT ~ OR FILING ADMINSTRATIVE WITH THE SECRETARY OF STATE (Pursuaft to Gcwernment Code Seaton 11380. I) 6174. doint Complainants. Where more than one person is aggrieved by the f~re of the public entity to refer them to comparable permanent or adequate temporary replacement housing the complainants may join in filing a single written request for review. A determination shall be made by the public entity for each of the complainants. 6176. Judicial Review. 'Nothing in this Article shall in any way preclude or limit a claimant from seeking judicial review of a claim upon exhaustion of such administrative remedies as are available under this Article. · 2: Z Article 6. Acquisition Policies 6180. Purpose. The purpose of this Article is to set forth the practices to bellowed with respect to acquisition of real property by a public entity. Public entities shall, to the greatest extent practicable, be guided by these practices. 6182. Acquisition. (a) A public entity shall make every reasonable effort to acquire property by negotiation and to do so expeditiously. {b} Before negotiations are initiated {see subsection 6008(n}} a-public entity shall: {1} Have the property appraised, giving the owner or his represen- tative designated in writing an opportunity, by reasonable advance written notice, to accon~any the appraiser during the inspection of the property; {2) If the owner of real property is also the owner of a business conducted on the real property to be acquired or on the reminder, inform him of his possible right to compensation for loss of goodwill. The public entity should include a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure Sections 1230,010 et seq.}. (3) Establish an amount it believes to be just compensation for the property, which amount shall, in no event, be less than the public entity's approved appraisal of the fair market value of the property as improved. {c} The determination of just compensation shall be based upon considera- tion of: {1} The real property being acquired; {2} Where the real property acquired is part of a larger parcel, the injury, if any, to the reminder; and {3} Loss of goodwill, where the owner of the real property is also the owner of a business conducted upon the property to be acquired or on the remainder and where the provisions of the Eminent Domain Law pertaining to compensation for loss of goodwill are satisfied. Goodwill consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage. -40- ' .............'~ ° FLUNG ADMINSTRATIVE REGULATI~ WITH 11~E SfCRETARY OF STATE (Pur~an~ to G~mmment C~de Section 11:380.1) (d) As soon as possible after the amount of just compensation is estab- lished, the public entity shall offer to acquire the property for the full amount so established and shall provide the owner with a written statement of the basis for.determination of just compensation. The statement shall in- clude the following: {1} A general statement of the public use for which the property is to be acquired. {2} A description of the location and extent of the property to be taken, with sufficient detail for reasonable identification, and the interest to be acquired. {3} An inventory identifying the buildings, structures, fixtures, and other improvements. {4) A recital of the amount of the offer and a statement that such amount: {A} Is the full amount believed by the public entity to be just compensation for the property taken; {B} Is not less than the approved appraisal of the fair market value of the property as improved; (C} Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired for such' public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and (D) Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity, except for an amount to compensate the owner for that portion of loss of goodwill provided in accordance with Section 6100. {5} If the real property is a portion of a larger parcel, the state- ment shall include an apportionment of the total estimated just compensa- tion for the partial acquisition 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. {6} If the owner of' the real property to be acquired is also the owner of a business conducted upon the property or the remainder, the statement shall include an indication of the amount of compensation for loss of goodwill. {e} At the initiation of negotiations {see subsection 6008{n}) a public entity shall provide written notification to the owner of a business conducted on the real property to be acquired or on the remainder, who is not also the owner of the real property, concerning his possible right to compensation for loss of goodwill. 'The public entity should include a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure, Section 1230.010 et seq.}. (f) {1) If after receiving the public entity's offer the owner requests additional information regarding the determination of just compensation, the public entity shall provide the following information to the extent that the determination of just compensation is based thereon: rrD*. 4,00A ~ CONTINUATION SHIIT ' )R flUNG ADMINSTRATI,VE REGULATIC~''~/ WITH THE SECRETARY OF STATE (Pursuant to GemrnmeN' Code Sectloft 11380.1) (A) The date of valuation used. (B) The highest and best useof the property. {C) The applicable zoning. {D) Identification of some of the sales, contracts to sell and purchase, and leases supporting the determination of value. {E}'If the property is a portion of a larger parcel, a description of the larger parcel, with sufficient detail for reasonable identification. {2} With respect to each sale, contract, or lease provided in accordance with {1){D} above, the following data should be provided: {A} The names and business or residence addresses, if known, of the parties to the transaction. {B} The location of the property subject to the transaction. {C) The date of transaction. {D} The price and other significant terms and circumstances of the transaction, if known. In lieu of stating the other terms and circumstances, the public entity may, if the document is avail- able for inspection, state the place where and the times when it is available for inspection. (3) The requirements of this subsection do not apply to requests made after an eminent domain proceeding is comnenced. {g)' Whenever a part of a parcel of property is to be acquired by a public entity for public use and the remainder, or a portion of the remainder, will be left in such size, shape or condition as to constitute an uneconomic renmant the public entity shall offer to acquire the remnant if the owner so desires For the purposes of these Guidelines an "uneconomic remnant" shall be a parcel of real property in which the owner retains an interest after partial acqui- sition of his property and which has little or no utility or value to such owner. {Nothing in this subsaction is intended to limit a public entity's authority to acquire real property.} (h) Nothing in this section shall be construed to deprive a tenant of the right to obtain payment for his property interest as otherwise provided by 1 aw. (i) {1) Prior to comnencement of an eminent domain proceeding the public entity shall make reasonable efforts to discuss with the owner its offer to purchase the owner's real property. The owner shall be given a reasonable opportunity to present material which he believes to be relevant as to the question of value and to suggest modification in the proposed terms and conditions of the purchase, and the public entity shall carefully consider the owner's presenta- tion. (2) Prior to con~nencement of an eminent domain proceeding, if the evidence presented by an owner or a material change in the charac- ter or condition of the property indicates the need for a new appraisal or if a significant delay has occurred since the determination of just condensation, the public entity shall have its appraisal updated. If a modification in the public entity's determination of just compensation is warranted, an appropriate price adjustment shall be made and the new amount determined to be just condensation shall be promptly offered in writing to the owner. U WITH THE S~CiR~ARY OF STATE (Pursuant 'to Go,~'nment ~ode ,~cfi.~ 11380.1) {j) {1)' In no event shall the public entity either advance the time of condemnation, or defer negotiations or condemnation on the deposit of funds in court for the use of the owner, or take any other action coercive o~ misleading in nature, in order to compel or induce an agreement on the price to be paid for the property. {2} If any interest in property is to be acquired by exercise of the power of eminent domain, the public entity shall promptly institute formal condemnation proceedings. No public entity shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of this real property. 6184. Notice of Decision to Appraise. The public entity shall provide the owner with written notice of its decision to appraise the real property as soon as possible after the decision to appraise has been reached. The notice shall state, as a minimum, that: {a} A specific area is being considered for a particular public use; {b} The owner's property has been determined to be located within the area; and {c) The owner's property, which shall be generally described, may be acquired in connection with the public use. 6186. Time of Offer. The public entity shall make its first written offer as soon as practicable following service of the Notice of Decision to AppraiSe. {See section 6184.} · 6188. Notice of Land Acquisition Procedures {a} At the time the public & · · entity notifies an owner of its decision to appraise real property it shall = furnish the owner a written explanation of its land acquisition procedures, ; describing in non-technical, understandable terms the public entity's acqui- - sition procedures and the principal rights and options available to the owner. ~ b ~ { ) The notice shall include the following: ~ {1} A description of the basic objective of the public entity's 0 z land acquisition program and a reference to the availability of the ~ public entity's statement covering relocation benefits for which an owner-occupant may be eligible; {2) A statement that the owner or his representative designated in writing shall be given the opportunity to accompany each appraiser during his inspection of the property. (3) A statement that ~f the acquisition of any part of real pro- perty would leave the owner with an uneconomic remnant as defined in subsection 6182{g} the public entity will offer to acquire the unecon- omic remnant; if the owner so desires; {4} A statement that if the owner is not satisfied with the public entity's offer of just compensation he will be given a reasonable opportunity to present relevant material, which the public entity will carefully consider, and that if a voluntary agreement cannot be reached the public entity, as soon as possible, will either institute a formal condemnation proceeding against the property or abandon its intention to acquire the property, giving notice of the latter as provided in section 6190. rrD. -40OA ¢e-~';'o ) CONllNUATION SHsrr flUNG ADMINSTRATIVE REGULATIC~'~. WITH THE SECRETARY OF STATE (Pursegrit t~ Goventment Code Sectioe 11380.1) (5) .A statement that construction or development of a project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by these Guidelines will be available) or to move his business or farm operation without at least 90 days written notice from the public entity of the date by which the move .is required; and (6) A statement that, if arrangements are made to rent the property to an owner or his tenant for a short term or for a period subject to termination by the public entity on short notice, the rental will not exceed the lesser of the fair rental value of the property to short term occupier or the pro rata portion of 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 shall be within his financial means. {See subsection 6008{c).) 6190. Notice of Public Entity's Decision Not to Acquire. Whenever a public entity which has forwarded a Notice of Decision to Appraise or has made a firm offer subsequently decides not to acquire the property, the public entity shall serve a notice in writing on the owner, all persons occupying the property and all other persons potentially eligible for relocation payments and assistance. This notice shall state that the public entity has decided not to acquire the property. It shall be served not later than 10 days following the date of the public entity decision not to acquire. 6192. Incidental Expenses. If the real property is acquired by purchase, the public entity shall pay all reasonable expenses incident to transfer. Among the expenses requiring payment are: recording fees, transfer fees and similar expenses incident to the conveyance of real property, and the pro rata portion of charges for public service such as water, sewage and trash collection which are allowable to a period subsequent to the date of transfer of title to the public entity, or the effective date of possession of such property by the public entity, whichever is earlier. The public entity shall inform the owner that he may apply for a rebate of the pro rata portion of any real property taxes paid. 6194. Short Term Rental. {a) If the public permits an owner or tenant to occupy the real property acquired on a rental basis for a short-term or for a period subject to termination by the public entity on short notice, the amount of rent required shall not exceed the lesser of the fair rental value to a short-term occupier or the pro rata portion of 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 shall be within his financial means. {See subsection 6008{c}.} (b} A post-acquisition tenant who occupies real property acquired on a rental basis for a short term and who is informed that the property has been acquired for a public use shall be given not less than 30 days notice of term- ination of the tenancy. 6195. Public Information. The purchase price and other consideration paid by the public entity is public information and shall be made available upon request. 6196. Service of Notice. Service of all notices required by this article shall be made either by first class mail or by personal service upon the person to be notified. 6198. Nonpossessory Interest Exception. The provisions of 6182{b}, {c), {d){4), and (f} and 6188 shall not apply to the acquisition of any easement, right-of-way, covenant or other non-possessory interest in real property to be acquired for the construction, reconstruction, alteration, enlargement, main- tenance, renewal, repair or replacement of sub-surface sewers, waterlines o~,,-~,,--~ o,, appurtenance, drains, septic tanks, or storm water drains. -44- ,S'T'i:3~. ,4OOA Cgo'~'l) CONTINUATION 5HILT FILING ADMINSTRATIVE REGULATIC WITH THE SECRETARY OF STATE (PutsnaN to Government Code Section 11380.1) Attachment A Minimum Contents of Informational Statement{s) Item To Be Included For Distribution To Business Displaced Concerns Persons and Others General description of the nature and types of activities that will be undertaken, including an identification of areas .which may involve displace- ment. A diagran~natic sketch of the project area should be attached. X X Statement that public action may result in dis~ placement but that no one lawfully occupying property will be required to surrender possession without at least gO days' written notice from the public entity and no one will be required to move until gO days after the provision of information. X X 3: rd I- o Z Assurance that families and individuals will not be required to move before reasonable offers of decent, safe, sanitary and otherwise comparable housing within their financial means have been made, except for the causes set forth in the local agency's eviction policy {which shall be in accordance with section 6058.} General description of types of relocation payments available, including general eligibility criteria and a caution against premature moves that might result in loss of eligibility for a payment. Identification of the agency's relocation program and a description of the relocation services and aids that will be available. X X X X X Encouragement to visit the agency's relocation office and cooperate with the staff. The address, telephone number, and hours of the relocation office should be specified. X X s'r~. ,4,OOA IIi U &. 3: I-, Z Iii I- 0 CONTINUATION SHIRT · ~'O,R FLUNG ADMINSTRATIVE REGULATIC~S WITH THE SECRETARY OF STATE (Pursuam' to Governmeet Code Secli~e 11380.1) Item To Be Included For Distribution To Business displaced Concerns Persons and Others Information on replacement housing, including: X a. Brief description of what constitutes com- parable replacement housing, including physical standards. b. Laymen's description of Federal fair housing X law (Title VIII of Civil Rights Act of 1968), and applicable State and local fair housing laws, as well as rights under Title .IV of the Civil Rights Act of 1964. c. Statement that the public entity (or its agent) X will identify comparable replacement dwellings within the financial means of and otherwise available to displaced persons and will provide assistance to persons in obtaining housing of their choice, including assistance in the referral of complaints of discrimination to the appropriate Federal, State or local fair housing enforcement agency. Statement that persons may seek their own X housing acconvnodations and urging them, if they. do so, to notify the relocation office prior to making a comitment to purchase or occupy the property. Statement that the public entity will provide maxi- mum assistance in locating relocation accomnodations, including consultation with the Small Business Admin- istration and other governmental agencies which might be of assistance. Statement describing requirement for prior notifica- tion to the agency of the business concern's inten- tion to move. X (lavrseNaef te Ge~,_.~,,..s,; h Seaice 11380,1) item To Be Included For Distribution To Business Displaced Concerns Persons and Others Sunmmry of the. local agency's eviction policy, which shall be in accordance with the provisions of section 6058. X X Statement describing the agency's grievance pro- cedure, its purpose, and how it may be used, which procedure shall be in accordance with the provisions of Article 5. X X _z BUSINESS, NON-PROFIT FARM AND ORGANIZATION REL 0 C'A TION A SSIS TA HANDBOOK CITY OF DUBLIN September 1991 BUSINESS RELOCATION ASSISTANCE PROGRAM City of Dublin TABLE OF CONTENTS Introduction .................................................. i Who What A. B. C. What What is Eligible For Benefits? .................................. 1 Relocation Benefits Are Available? ........................ 1 To a Business? .......................................... 1 To a Farm? .............................................. 1 To a Non-Profit Organization? ........................... 1 Are The Requirements to Obtain Benefits? .................. 2 is Relocation Advisory Assistance? ........................ 4 Moving Options ................................................. 5 What Is The Relocation Payment Program? ........................ 6 What Are Reestablishment Expenses? ............................. 8 What Is The In Lieu Payment? ................................... 8 What Moving And Related Costs Are Ineligible For Payment? ...... 10 Appeal s ........................................................ 10 Important Notice ............................................... 11 Additional Information ......................................... 11 INTRODUCTION What Right does a Public Agency have to Acquire Private Property? The City of Dublin has certain powers which are necessary for it to.operate effectively. For example, state and local governments have the power to acquire and/or assemble private property for public purposes. This is known as the power of eminent domain. The power of eminent domain is exercised through the process known as condemnation. The rights of each U.S. citizen are protected, however, by the Fifth and Fourteenth Ammendments of the U.S. Constitution, by State constitutions and by local government codes. Eminent Domain laws provide that if a public agency purchases private property it must pay "just compensation" to the owner. In addition, affected property owners, residential tenants business operators and non-profit organizations may be eligible for relocation benefits as specified in Federal and State legislation. The City of Dublin complies with State of California Real Property Acquisition and Relocation Assistance Laws which provide property occupants displaced by projects certain benefits and protection--much of which is outlined in this brochure. .. It is the policy of the City of Dublin to acquire property for projects without the use of condemnation unless that alternative is in the best inter- ests of the City. THIS BROCHURE DESCRIBES THE RELOCATION BENEFITS THAT ARE AVAIL- ABLE TO DISPLACED BUSINESS ENTITIES FROM CITY PROJECTS IN THE CITY OF DUBLIN. WHO IS ELIGIBLE FOR BENEFITS? Every owner operator or tenant operator who is in "lawful occupancy" AND who occupied the premises at the time of the first written offer AND who will be displaced from their business, farm or non-profit organization property as a result of a City of Dublin project is protected under the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) or corresponding State Legislation or both. The law requires in part that no lawful occupant shall be required to move unless he or she has received at least a 90 day advanced written notice of the date on which he or she may be require to move. Caution Relocation legislation establishes strict eligibility requirements for owners and tenants. To receive payment for a particular bene- fit as either an owner or tenant, you must satisfy ALL the require- ments for that particular benefit payment. WHAT RELOCATION BENEFITS ARE AVAILABLE? A. To a Business 1. Relocation Assistance 2. Moving Cost Payments 3. Alternate Moving Cost Payments a. Low value-high bulk personal property b. Loss of tangi bl e personal property 4. Search Cost Payments OR 5. An "In Lieu" Payment B. To a Farm Same as for a business. C. To a Non-Profit Organization Same as for a business. WHAT ARE THE REQUIREMENTS TO OBTAIN BENEFITS? Following are listed the major requirements for each benefit, but they are not all inclusive. Please consult your Relocation Advisor about additional re- quirements, if any, to insure that your have complied before you vacate. BENEFIT Rel ocati on Assi stance Moving Costs REQUIREMENT Occupy a business property acquired by the City Occupy a business property acquired by the City prior to and at the date of possession of the property by the City. 2. Prepare a certified inventory of the items to be n~ved. 3. Assist the City in obtaining at least two bids. a. Accept a move by the low bidder. OR b. Negotiate a self-move on the basis of the low bid. 5. Give the City reasonable notice of your move date. B. Vacate the property. 7. File a claim. Low Value-High Bulk Personal Property Payment 1. Occupy a business property acquired by the City property by the City. 2. Prepare a certified inventory of the low value-high bulk items/materials. 3. Assist the City in obtaining at least two {2) written moving bids. 4. Assist the City in obtaining replacement and sales values of the low value-high bulk items/material. 5. Vacate the property. B. File a claim. 2 Loss of Tangible Personal Property Payment Occupy a business property acquired by the City prior to and at the date of possession of the property by the City. 2. Enter into a specific written agreement with the City. 3. Make a reasonable effort to sell the personal property 4. Vacate the property. 5. File a claim. Search Cost Payment Occupy a business property acquired by the City prior to and at the date of possession of the property by the City, Keep accurate records of time, dates, expenses, locations, individuals contacted, etc. involved in the search. 3. Vacate the property. 4. File a claim. Business Reestablishment Payment In Lieu Payment Occupy a business acquired by the City prior to and at the date of possessionof the property by the City. Keep accurate records of costs, expenses, fees, etc. incurred in reestablishing your business at the replacement location. 3. Vacate the premises acquired by the City. 4. File a claim. Occupy a business property acquired by the City prior to and at the date of possession of the property by the City. 2. Request an In Lieu payment. 3. Provide the City with two (2) years appropriate income data. 4. Vacate the property. 5. File a claim. Utility Facility Payment Occupy a Utility Facility property acquired by the City prior to and at the date of possession of the property by the City. 2. Encounter "extraordinary expenses" in relocating the facility. 3. Relocation of the utility facility is required for the primary purpose of the project. This is no other Federal, State of Local Law, other than the Uniform Act, which clearly establishes payment of utility moving costs required by the project. Keep accurate records of costs, expenses, materials, salvage values, etc. as a result of the utility facility relocation. Vacate the premises acquired by the City. 7. File a claim. WHAT IS RELOCATION ADVISORY ASSISTANCE? Relocation Advisory Assistance means the City Relocation Advisor will assist you in finding a new business property. A Relocation Advisor is assigned to each displacee for this purpose. The Advisor will assist you in finding properties being offered for sale or rent that are suitable in condition, price or rental range. Also available is information concerning the services offered by other agencies. The Relocation Advisor is your principal contact in all matters concerning the City relocation programs and procedures. Following are some examples of the areas in which your Relocation Advisor can help you: Provide information relative to zoning ordinances, public transportation, and other economic and general information which may assist the business owner or tenant. Provide information concerning federal, state and conventional business loan programs. Assist and/or refer you to the'Small Business Administration or other organization(s) designed to assist businesses. 3. Assist in filing claim forms for the various types of relocation payments. 4 Provide information on the availability, size, prices, and locations of comparable commercial, industrial, or farm property including referrals to real estate brokers who may be able to assist in obtaining suitable property. Serve as a source of advice during the relocation process; referring you'to outside sources as necessary. MOVING OPTIONS For payment of moving expenses, the business, farm or non-profit organization may claim payment under the following options: Option 1. Option 2. Option 3. ACTUAL COST AS PERFORMED BY A COMMERCIAL MOVER The business operator may elect to have the moving job done by a qualified commercial mover. In this event, the City will work with you in obtaining moving bids and arranging the move. The City can arrange to pay the mover directly. SELF-MOVE BASED ON BIDS Instead of using a commercial mover, the business operator may wish to do the moving. In this event, the City will negotiate with the business operator on a moving payment not to exceed the lower of at least two moving bids. No further documentation is required. No additional costs can be added to the self- move payment to cover the operator's time, downtime to the business, or overtime costs. SELF-MOVE BASED ON RECEIPTS If the operator and/or the City cannot obtain bids, the business operator may instead choose to do all the moving, disconnecting, reconnecting, etc., by himself or contract out privately to have others do all or some of the work. The business operator may then present the City with receipts and claim reimbursement on eligible items. No additional costs can be added for downtime to the business or for overtime costs. WHAT IS THE RELOCATION PAYMENT PROGRAM? Relocation payments to businesses, farms and non profit organization consist entirely of moving costs and moving related costs. These various type pay- ments are described in more detail oh the following pages. Relocation pay- ments DO NOT cover costs such as down time, goodwill, or higher rents or purchase prices and similar items. PAYMENT FOR MOVING COSTS In general, moving expense benefit payments include all regular and normal costs of services such as the following: Dismantling Crating, uncrating Loading, unloading insuring Disconnecting and reconnecting machinery and equipment Packing, unpacking Transporting Also, included is payment for such items as stationary reprinting, telephone reinstallation, burglar and fire alarm system reinstallation if not purchased by the City and moving and reconnection costs of other specialty equipment or systems not purchased by the City. Moving payments are generally made after the move is completed and the prem- ises are left clean and orderly. Payment typically takes three weeks to process from receipt of a signed claim form. LIMITATION Moving payments are limited to a distance of 50 miles. Charges for additional mileage are the responsibility of the business being moved. PAYMENT FOR LOW VALUE-HIGH BULK PERSONAL PROPERTY When a business operator elects to retain and move personal property which has low value and high bulk such as stockpiled sand, gravel, minerals, metals or similar items, payment for actual reasonable moving expenses may not exceed the cost of replacing that property at the relocation site minus the amount for which it could be sold at the displacement site. PAYMENT FOR LOSS OF TANGIBLE PERSONAL PROPERTY A business may claim payment for actual direct loss of tangible personal property as a result of moving or discontinuing a business operation, but not in an amount to exceed the cost of moving same. Actual direct losses of tangible personal property are allowed when a person who is displaced from a place of business is entitled to relocate such proper- ty in whole or in part, but elects not to do so. To be eligible for this benefit, the owner of the personal property must: 1. Be eligible to receive payment for actual and reasonable moving expenses. Enter into a written agreement with the City electing this method of payment, and agreeing that the personal property specifically described is not to be moved. 3. Make a reasonable effort to sell the described personal property. Payment is computed on the basis of the lesser of: 1. The replacement cost of the item not moved minus the net proceeds of the sale. OR 2. The difference between the depreciated value in place of the item and net proceeds of the sale; OR 3. The estimated cost of moving the item. The sales prices, if any, and the actual, reasonable costs of advertising and conducting the sale shall be supported by a copy of the bills of sale or similar documents and by copies of any advertisements, offers to sell, auction records, or other data supporting the bona fide nature of the sale. When personal property is abandoned with no effort being made by the owner to dispose of such property, the owner will not be entitled to claim moving expenses or losses for the items involved. 7 PAYMENT FOR SEARCH COSTS A business may claim actual reasonable expenses in looking for a replacement business site. Payment for searching expenses may not exceed $1,000.00. Search expenses may include transportation expense, meals, lodging away from home, fees paid to a real estate agent or broker to locate a property and the reasonable value of time actually spent in searching. All expenses claimed must be supported by receipted bills or other applicable documentation. Payment for time shall be based on the average hourly wage rate for the person(s) conducting the search. WHAT ARE REESTABLISHMENT EXPENSES? A small business, farm or non-profit organization may receive a payment, not to exceed a total of $10,000, for expenses incurred in reestablishing such small business, farm or non-profit organization. Such expenses must be rea- sonable and necessary and may include the following: 0 Repairs or improvements to the replacement property required by law, code or ordinance. 0 Exterior sign costs, not to exceed $1,500. 0 Bringing in utilities from the right of way to the replacement site improvements. 0 Redecoration or replacement of soiled or worn surfaces of the replacement location. 0 Feasibility surveys, soil testing and marketing studies. 0 Advertisement of the replacement location, not to exceed $1,500. 0 Increased costs of operation at the replacement site, not to exceed $5,000. WHAT IS THE IN LIEU PAYMENT? Instead of any of the above mentioned actual moving expense payments, a busi- ness may claim an amount equal to the average annual net earnings of the business, except that such payment shall not be less than $1,000'nor more than $20,000. For a business to be eligible for this payment, the City must determine that: 8 The business cannot be relocated without a substantial loss of existing patronage (clientele or net earnings); and, The business is not part of a commercial enterprise having more than three (3) other'establishments which are not being acquired, are under the same ownership and which are engaged in the same or similar business; and, 3. The business is not operated solely for the purpose of renting the site or dwelling(s) to others. 4. The business contributes materially to the income of the displaced owner in the following manner: a. Had average annual gross receipts of at least $5,000 in value; or b. Had average annual net earnings of at least $1,000 in value; or c. Contributed at least 33 1/3% of the average gross annual income of the owner(s) including income from all sources. Average annual net earnings are those earnings before federal, state or local income taxes, generally during the two taxable years immediately preceding the taxable year in which the business is displaced. Certified copies of income tax returns will be used as a means of establishing net earnings. Any amount the business receives as a goodwill payment must be deducted from any In-Lieu payment to be received or vice-versa. WHAT ARE UTILITY FACILITY RELOCATION PAYMENTS? Should a City project require the relocation of a utility facility (power, gas, water or telephone lines; power, water, sewage plants, etc.) payment of "extraordinary expenses" may be paid to the owner. "Extraordinary expenses" are defined as those expenses which are not routine or predictable and which are not ordinarily budgeted as operating expenses. Any such payment shall not exceed the cost to functionally restore the service disrupted and shall be pursuant to PRIOR written agreement between the City and the utility facility owner. Any such payment shall be only if there is no other Federal Law, other than the Uniform Act, or State or Local Law which clearly establishes a policy for the payment of utility moving costs. 9 WHAT MOVING AND REL.,~'ED COSTS ARE INELIGIBLE ~.o, PAYMENT? The following moving and relate cost items are specifically excepted from payment under Relocation law. 0 The move of any structure or other real property in which you have reserved ownership. 0 Interest on a loan to cover moving expenses. 0 Loss of goodwill. 0 Loss of profits. 0 Loss of trained employees. 0 Additional operating expenses, except as otherwise provided. 0 Personal injury. 0 Any legal fee or cost incurred for preparing a relocation claim or for representing you before the City. 0 Physical changes to real property at the replacement location, except as otherwise provided. 0 Costs for storage of personal property on real property already owned or leased by you. APPEALS If you have been denied a payment which you think you should receive or be- lieve the amount of a payment was not correctly computed, you should contact your Relocation Advisor. The Relocation Advisor will provide you with infor- mation regarding the appeal procedure. Your appeal is an administrative process. It will be heard first by the Director of Public Works who will issue a written decision. If you are dissatisfied after this first review of your case, you may appeal the decision at the Appeals Board level. You and/or your attorney may present your case at any level of appeal. You also have the right to judicial review of the final administrative decision. If you are a tenant, appeals must be filed no later than 18 months after you vacate the premises acquired by the City. If you are an owner, an appeal must be filed within 18 months of the later of: 10 The date on ~...ch the City has made its final .~yment of all costs for the acquired property, or in the case of condemnation, the date the required amount is deposited in court; or, B. The date you vacate the acquired property. You may accept the amount of your claim the City agreed to pay with n__o effect on your right to appeal for any additional amount. Your necessary and reasonable expenses will be paid if you must travel over 25 miles to an appeal hearing. However, NO attorney's fees or expenses will be paid. IMPORTANT NOTICE By law, relocation payments are not considered as income for the purpose of personal income tax laws. Furthermore, these payments are not considered income or resources to persons who receive welfare or public assistance pay- ments. Relocation benefit payments are also generally not subject to attachment for payment of debt or liens. If any problem arises regarding this, please noti- fy, your Relocation Advisor, who will assist you in determining your liabili- ty. ADDITIONAL INFORMATION No person eligible for relocation payments and who is LAWFULLY occupying real property required for a project will be asked to move without first being given at least 90 days advance notice in writing. In the event you rent from the City subsequent to the City's purchase you may be evicted for the following reasons WITHOUT 90 days advance notice in writ-I ing. 1. Failure to pay rent, except for just cause. 2. Performance of a dangerous or illegal act on the premises. 3. Material breach of the rental agreement and failure to correct within 30 days of notice. 4. Maintenance of a nuisance and failure to abate within a reasonable time following notice. 5. The eviction is required by State law or the City, and cannot be prevented by reasonable efforts on the part of the public entity. 11 Additional information regarding the Relocation Assistance Program can be obtained from your Relocation Advisor. This brochure is a general description of the relocation assistance program and is not intended as a complete statement of all the State and Federal laws and regulations which, if not compiled with, could cause loss of or reduction in the amount of relocation benefits a person might otherwise receive. Loss of eligibility may occur if you sell or move from your property without first contacting your Relocation Advisor. Your Relocation Advisor is: 12