The URL can be used to link to this page

Home My WebLink AboutReso 14-05 DoughertyRdImprov RESOLUTION NO. 14 - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *fI***.*** APPROVING FlNAL RELOCATION IMPACT STATEMENT FOR THE DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 PROJECT WHEREAS, the City of Dublin proposes to improve traffic operations at the existing Dougherty Road and Dublin Boulevard intersection by constructing additional through and turning lanes as part of the Dougherty Road Improvements - Houston Place to 1-580 Capital Improvement Project (ClP) No, 96852 (project); and WHEREAS, the City prepared an Initial Study and Mitigated Negative Declaration (MND) to evaluate the potential environmental impacts of the Project, the MND was adopted by the City Council on July 6, 2004, together with a Mitigation Monitoring and Reporting Program for the Project, at which time the City Council determined that the Project, as mitigated, would not have a significant effect on the environment (Resolution No, 130-04, incorporated herein by reference); and WHEREAS, the Project as described and analyzed in the MND identified four businesses located at the southeast quadrant of the Dublin Boulevard and Dougherty Road intersection to be relocated due to the widening of the intersection; and WHEREAS, the City prepared a Relocation Impact Statement, herein attached as Exhibit "A". and distributed for public review and comment fiom December 3, 2004, through January 2005; and WHEREAS, the City met with affected business owners during the public review period and did not receive any request to include any comments in the Final Relocation Impact Statement; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the Final Relocation Impact Statement for CIP Project No, 96852, Dougherty Road Improvements - Houston Place to 1-580, PASSED, APPROVED AND ADOPTED this 1st day of February, 2005, AYES: Coundlmembers Hildenbrand, McCormick, Oravetz, Zika and Mayor Lockhart NOES: None ABSENT: None tJ- ABSTAIN: None 'on-impact (Item g,2) O:\Mlsç.l:'U:OJ\Dotigherty Rd hnp ~ Houston to h~~O\Right OfW!iy\rCBO approve rdo plnn.doc I I Final Relocation I mpact Statement for the Dublin Boulevard/Dougherty Road Intersection Improvements Prepared For The City of Dublin I I II I I :1 l----, January 19, 2005 .~,.~-----,...~..,- I I I I I I I L_, Final Relocation Impact Statement for the Dublin Boulevard/Dougherty Road Intersection Improvements City of Dublin SUBMITTED By CROSSROADS RIW, INC. JANUARY 19, 2005 ..~~ ---......---.---..'.-.".....,....-....-. ~'''_'~M.''J I I I I I I I I I I I I I ! 1.-... .~.,~__,.."__,,.,,'···'~'·.N.·.,J"^ "'~~._~-~~-~ Table of Contents Executive Summary, ''.''''''''''. ",,'"'''''' "'.."""... ...'............ ..... ..... ....... ...,...... .."..", '.... 1 Relocation Assistance Program......,.. .......... ...... ..,.....,.. ........,..... .... ......"... ........ ."", ".. 5 Governing Regulations. .................., ..........,.. ......,..... ...... ......... ....""." """"'" .., ,... 5 Summary of Business Relocation Benefits ...'........................,.............................. 5 Loss of Business Goodwill.....,. ..." ..... ,... ......",...,.,..",..,..,. ,... ,.., ."",.." "','" ",' ,,' ..,,8 The Appeal and Grievance Process ..,.........,.,......,.....................,.....,......,....,....,..8 Claim Processing and Distribution of Payments .....,......................,......,..,............ 9 ~~~~,.....,.....,.......".,.".,..,',.,.,.,',.,."..,.."..,.",.,.,...."..,...,.,."..",..",.", Map of Project Area Business Relocation Handbook ....... 10 _._~.__._----- I""~"---~'" I II Executive Summary I i II I I I I II II The City of Dublin ("City") is planning for the expansion of an intersection located at Dublin Boulevard and Dougherty Road in the Cityof Dublin. This street improvement project would require the acquisition of two properties that are currently occupied by four commercial tenants operating an auto paint shop, an auto body repair shop, a smog testing shop and a glass business. Funding for the project would be provided through local City funds. The purpose of this Relocation Impact Statement ('Statement") is to identify the needs of the affected business occupants and to discuss the Relocation Assistance that wll be made available to the businesses. Research conducted for this study has demonstrated that there is a limited supply of commercial properties available for lease and for sale that would accommodate the needs the affected businesses. Therefore. the City will provide advisory assistance to search for replacement sites and certain monetary assistance to aid with the costs related to the relocation. The City of Dublin will provide Relocation Assistance in accordance with the California Relocation Assistance Law (Gov. Code. §7260 et seq.) and correspondin9 guidelines found in the California Code of Regulations, TItle 25, Chapter 6. . Project Scheduling. It is anticipated that the Citywill make a formal, written offer to purchase the affected properties in February of 2005. The City will then present each business owner with a Letter of Eligibility and will provide assistance to search for replacement sites and to secure Relocation payments from the City. If the City can reach an agreement with the property owners, it is anticipated that escrow will close in April of 2005. The businesses would be permitted to remain on the property through August of 2005 in order to allow them approximately six months to secure a replacement site. Project Assurances. The business occupants will not be displaced without receiving written notice of the Relocation Assistance to I'othich they will be entitled and a 90-Day Notice to Vacate. The City will set aside sufficient funds to provide monetary assistance to the businesses as required. Basis of Findings. In order to detel11line the project impact and the feasibility of relocating the business occupants into the surrounding community, the business owners were interviewed to detel11line the type of businesses on site and their replacement site needs. Estimate of Project Relocation Costs. The following estimates are for budgeting purposes only. These figures should not be interpreted as firm, "not to exceed" or actual entitlement costs, These figures are based on the data obtained through the occupant interviews, current project scope, replacement site availability, and the judgment and experience of the writer. The estimates do not include payments to consultants or to contractors, Most Probable Cost $580,000 HI h Estimate $754,000 Relocation Impad Statement Page 1 ,- -"~-'_.""'~~.',,,"'~.,--- I I I I I I I I I I I I I ~',~-,"._,~~,~",'''.,..",~~ ~...~._.~. Existing Circumstances. The project would affect two parcels of land in Dublin, California. The affected properties are situated on a rectangular·shaped parcel adjacent to Dublin Boulevard and are bounded by Dougherty Road, Scarlett Court and Interstate 580, Access to the businesses is along Scarlett Court with some congested on-site and street parking, There is one building on each parcel with a total of four commerciai tenants, The properties are leased to three auto related businesses and one glass company that services auto, residential and commercial buildings, There are certain tenant improvements on site including paint booths, lifts, compressors, service bays, and reception/waiting areas. Each of the businesses has been under the current ownerships for more than 10 years on this site, "'.'.,'.1.,&. ç.ted.. '.6. us.lnes~ ÄiJi:!i'è$&,..· Smog Station 6380 Scarlett Court, Dublin -,,~~~"'-' --,..,^ .,'--_.~.-- ._"',.'~----", - ---- .._-_.'.".".~--~._. Allglass, Inc. 2,300 sf 6386 Scarlett Court, Dublin .. -.,'...'-~~~~,. Gil's Body Works 7,600 sf 6392 Scarlett Court, Dublin Miracle Auto Painting and Body Repair 8,900.f 6500 Scarlett Court, Dublin sita Desciiptlón Facility thafpêrf'ò'ññssmogiñspections, Workshop area bays, waiting area, reception area, office s ace and lar e area used for stora e, Residential and commercial glass repair and ,,'n':" ... site auto glass repair shop with reception area, waiting room, offices and workshop area with bay doors and extensive Qlass storage, Auto body repair shop with recep¡¡onarea;"ff¡ces' and workshop area with bay doors, Spray booth and d in racks on site. Large auto body;¡;pairshop'w;tlÎ'iecepi¡"ñ,;reà~' offices, auto workshop area with bays, paint . ,Þ..Q~tb,!...p~¡nt ~törage area and dr in racks, Each 01 the four business owners was interviewed and each provided certain information regarding their business structure, site characteristics, lease information and client base. The business owners also provided important information about the type of replacement site needed to continue the business, Each owner noted that the proximity to Interstate 580 and the Dougherty RoadlDublin Boulevard intersection was a great opportunity for exposure to potential clients. The business owners noted that the most irnportant consideration for a replacement site would be location and affordabitity, Due to the automotive nature of the businesses, sufficient parking for staff and clients is crucial. The four businesses each have some off-street parking and they compete daily for street parking spaces, The largest of the businesses, Miracle Auto Painting and Body Repair, has identified a replacement site in Pleasanton that will allow them purchase land and construct a building, The glass shop would need to reiocate to space that would allow for adequate storage and for the installation of glass in automobiles. The two remaining automotive shops would need to relocate into facilities that would allow automotive use, It is also possible that the businesses could rei ocate into other sites with conditional use permits. Relocation Impact Statement pege 2 ---.------- .. ".. ...-. I I I I I I I I I I I I I I I I I I , I" ...._.._.._h_._,,·___ Potential Replacement Sites. In an effort to ascertain the availability of replacement sites, a survey was conducted of commercial properties for lease in the Dublin and the surrounding communities of San Ramon, Pleasanton and Livermore, The survey included research of Broker websites, identification of availabie sites through windshield surveys, discussions with area Brokers and City of Dublin staff, The result of the survey was a finding that there are limited number of available commercial properties in Dublin and the immediately surrounding areas of Pleasanton, Livermore and San Ramon that allow automotive repair businesses, Additional properties may be available if the businesses are able to secure conditional use permits, The City will contract with a Relocation Advisor who will work with the businesses to locate and secure replacement sites, It is probable that the business owners will be required to pay from $,80 to $1,70 per sf for the availabie space. 6305 Douohertv Road, Dublin, 6,000 sf of space for lease that may accommodate an automotive use, Possibie signage at the front of the building may make the site more visible, Space is available at $1.25/sf, 6310 Houston Place, Dublin, This property is currently being renovated to create 12,000 sf zoned C-2 and M-1, The property can be divided to accommodate smaller, multiple users, Construction is scheduled for completion in April of 2005, The ceiling height is 14' to 19', The property owner is seeking tenants to lease the space at $1,25 to $1.35/sf NNN, 6225 Dublin Boulevard, Dublin, This building has a total of 4,700 sf of retail/automotive use. The space includes 1,380 of office/mezzanine space and six bays. The property is available for lease at $1.70/sf NNN, Dublin Corners at Mvrtie Drive, This retail site is currently under development and is scheduled for occupancy prior to June of 2004, This site may be an appropriate location for the affected glass business, 6998 Sierra Court, Dublin, This industrial manufacturing building has 4,065 sf of available space, This is a corner unit located in the Saddleback Industrial Park, The suite includes office space and two grade level doors with 16-foot ceiling height. The advertised lease rate is $O,85/sf/month. This site may accommodate the glass business. 6780 Sierra Court, Dublin, This 7,704 sf warehouse has 900 sf of reception area, two private offices and 24-foot ceilings, The lease rate is $0.70 Gross, The layout of the suite may accommodate the glass business, 6800 Sierra Court. Dublin, This site has suites available from 10,000 to 20,000 sf. Each suite has heavy power, grade and dock level loading and 24-foot ceiling clearance, The property is available at $0,65 to $0,75 Gross, This site may accommodate the glass business, Rolocation Impact Statement pago 3 .'_.~-~".- 3573 First Street. Livermore, This light industrial, service commercial site is suitable for automotive use, There are 6,515 sf of available space. The lease rate is $.85 per sf. This site could accommodate either of the two automotive users if they were interested in relocating to Livermore. An extended search period may allow the Relocation Advisors, area Brokers and business owners to identify additional sites as they become available. Relocation Advisors will work closely with each business to make them aware of the specific assistance that is available to them through the Relocation Assistance Program. This may allow the business owners to consider other options for replacement sites, Reloc8fion Impact Statement Page 4 ---,".".,,,--~ Relocation Assistance Program This portion of the Study summarizes the City of Dublin's Relocation Assistance Program, This summary of benefits has been provided for general information purposes only and should not be interpreted as law. II This project is being funded with local, City funds. Therefore, the City will administer the Relocation Assistance Program in compliance with the California Relocation Assistance Law (Gov. Code, §7260 et seq.) and corresponding guidelines found in the California Code of Regulations, Title 25, Chapter 6, An explanation and application of these guidelines follow, II Governing Regulations This portion of the Statement summarizes the City's Relocation Assistance Program for business occupant. This summary of benefits has been provided for general information purposes only and should not be interpreted as law. Summary of Business Relocation Benefits The City will adhere to the following Relocation Assistance Program in order to provide the business occupants with the benefits to which they are entitled under State of California Relocation Assistance Law and Guidelines, Full Relocation Assistance benefits shall be available to all occupants who legally operate a business within the project area and who are required to relocate as a result of the project. A. Relocation Advisory Assistance. A Relocation Advisor will be assigned to the business owners, The Relocation Advisor shall provide ongoing advisory assistance to the occupants by assisting in identifying suitable replacement sites, In addition, the Relocation Advisor shall ensure that the business owners receive the following: 1. The business owners will receive written documentation informing him of his rights and the availability of relocation assistance and benefits, 2, Their Relocation Advisor shall interview the business owners in order to ascertain replacement needs, The Relocation Advisor shall request documentation concerning business ownership, current site use and existing lease agreements, 3. The development of this project shall be so scheduled that no person lawfully occupying the acquired site shall be required to move from their site without a written 90 days' notice from the City of the date by which such a move is required, Relocation Impact Statement Page 5 ..-' .',.,---,',----,..~"','''.. "....- · 4, The business owners shall receive current and continuing information on the availability of suitable replacement sites in the area. S, The business owners shall be assigned a Relocation Advisor who shall act as a liaison with prospective lessors, commercial brokers and the City. In addition, the Relocation Advisor shall help the business owners to complete relocation claims that will be submitted to the City, The Relocation Advisor shall also deliver payments to the business owners, 6, Should the business owners have a grievance against the City in regards to relocation policies and procedures, the Relocation Advisor will provide the occupant with information concerning the grievance procedures outlined on page 8 of this document 7. The Relocation Advisor shall provide any services required to insure that the relocation process does not result in different or separate treatment of occupants on account of race, color, religion, national origin, sex, marital status or other arbitrary circumstances A. Moving Cost Payment. Relocation payments to businesses consist entirely of the cost to move and reinstall personal property used in the operation of the business and costs related to the moving of the business, A business may elect one of two types of relocation moving benefits outlined below, Option 1: Reimbursement for Actual Moving Costs I I I I I I ~.--_.,--,.... Movino Expenses, A business may claim payment based on moving bids as submitted by no less than two professional moving companies. The business may elect to have the mover with the lower bid move them, or the business may move itself and be reimbursed the amount of the lower of the two bids, The submitted bids will include the cost of dismantling, disconnecting, packing and crating all personal property, moving it to the replacement site, and unpacking, uncrating, reassembling and reconnecting the personal property at the replacement site. The City will reimburse the business for whatever reasonable costs are involved in recalibration and reinstallation of the businesses' machinery and equipment so that it is in the same functioning order as it was prior to the move, The moving bids shall also include transportation not to exceed 50 miles from the displacement site. Storaoe Costs, If a business wishes to store the business personal property rather than move immediately into a replacement site, the City will pay up to twelve months of storage, Reimbursement will require documentation to support claims in the form of receipts, canceled checks or other written evidence. Claims in excess of $1 ,000 must be supported by reasonable competitive bids, Stationery Replacement. The City will also reimburse a business for all actual and reasonable costs related to replacing stationery that is made obsolete as a result of the move and re-Iettering trucks if necessary. Relocation Impact Slatament Page 6 ..,__n___". ,,- '.'-_.~~.'~'~- Personal Property, There are two options for compensation for personal property that will not be relocated to the replacement site, Payment for Loss of Tangible Personal Property. This payment is allowed when a business is entitled to relocate personal property in whole or in part, but elects not to do so, This payment is based on the lesser of (1) the depreciated appraised value of the item in place minus any net proceeds from the sale of the item, or (2) cost of moving the personal property. OR Payment for Substitute Personal Property When an item of personal property which is used in connection with the business is not moved but is replaced with a comparable item, reimbursement will be in an amount not to exceed the lesser of (1) the cost to replace the item minus any net proceeds received from the sale of the replaced item, or (2) the estimated cost of moving the item, SearchinQ Cost Expenses A displaced business may claim actual, reasonable expenses related to the search for a replacement site for the business, Reimbursement for searchin9 expenses may not exceed $1,000, Reestablishment Expenses. A business may receive a payment for expenses incurred in reestablishing the business at a replacement site, Reimbursement for Reestablishment Expenses may not exceed $10,000. Claimed expenses may include, but are not limited to, repairs or improvements to the replacement site that are required by municipal code or ordinances, or that are required to render the site suitable for conducting business, impact fees or one-time assessments for anticipated heavy usage, Claims may also include costs related to the replacement of business signs, advertisement of the replacement location, one time costs for permits or licenses required for operation at the new location, and increased operating costs at the replacement site for the first two years, Option 2: Fixed Moving Payment. If a business chooses not to receive reimbursement under the Actual and Reasonable Moving Payment, it may instead choose to receive a fixed Moving Payment. The Fixed Moving Payment is made to a business owner based on the business' documented average net income for that site for the two years prior to displacement. The payment shall not be less than $1,000 or more than $20,000, If a business chooses to be paid under this option, the business must meet the following requirements: 1, The business must own or rent personal property that must be moved, 2, The business cannot be relocated without a substantial loss of its existing patronage (clientele or net earnings). Relocatiolllmpact Statement Page 7 ".~._._',.,- .. ...~~,~~-"~--".',.,".-.._,'._'- I I I I I I I I 1-...-"..-, 3, The business must not be part of a commercial enterprise having more than three other entities which are not affected by the project and which are under the same ownership and engaged in the same or similar business activities, 4. The business must not be operated at the acquired site solely for the purpose of renting the site to others, 5. The business must have contributed materially to the income of the displaced business owner during the two taxable years prior to displacement. A business must demonstrate that it contributed materially in the following manner: a) Had average annual gross receipts of at least $5,000 in value during the two taxable years prior to displacement; or b) Had average annual net earnings of at least $1,000 in value during the two taxable years prior to displacement; or c) Contributed at least 331/3% to the average gross annual income of the business owner during the two taxable years prior to displacement including income from all sources If a Fixed Moving Payment is elected, no payment may be made under the Actual and Reasonable Moving Payment option, The business will also be responsible for the arrangements and tasks of the self-move from the existing site, Loss of Business Goodwill JThe affected business owners may be entitled o receive compensation for Loss of Business Goodwill that is directly caused by the City's Relocation activities, The City's Acquisition Agent or Relocation Advisor will provide the business owner with additional information regarding Loss of Business Goodwill. In the event an occupant believes he has been denied an eligible benefit, or disputes the amount of any payment, or has been discriminated against in any manner, the occupant will be afforded an opportunity to file an appeal or grievance with the City. An occupant should first contact his Relocation Advisor to see if the situation can be mutually resolved. If that remedy does not satisfy the occupant, the occupant can present his appeal to the Project Manager who can decide on the City's response to the appeal. If the appellant does not agree with the Project Manager's determination, the appellant can present his case to the City Manager who can hear and render a decision on the appeal. The appellant may choose to appeal an unfavorable decision by the City Manager and request a hearing before an Appeals Board, If an occupant chooses to file an appeal, their Relocation Advisor can provide additional information on the appeals process in writing, All appeals must be filed within 18 months of the date that the occupant vacates the acquired site, The Appeal and Grievance Process Relocation Impact Statement pege 8 ... --,..,~.'---- All claims are to be filed through a Relocation Advisor. The Advisor will assist the business owners in completing their claim forms, will notify the business owners of the documentation needed in order to file the claim and will inspect all replacement properties as needed. Each claim will be submitted along with documentation to the City for review and processing. Checks will be available for approved claims within three weeks of the date all documentation is submitted to the Relocation Advisor. Checks will be delivered to the occupant or to the occupant's designee, The City shall provide advance payments when necessary whenever a later payment would result in financial hardship. Claim Processing and Distribution of Payments Relocation Impact Statemant Page 9 "..._,-~-- '.,'.~~~,M_~' Appendix Map of Project Area Business Relocation Handbook Relocation Impact Statement Page 10 .--- o CO L() I - o - Q) u CO - D- r:::: o - en :J o I "" E ::1 ~ .. ë' 1! " "- If. :,11 'f.' I , Iii'" I en - r:::: Q) E Q) > o L- a. E "C CO o a:: :>. - L- Q) .c C» :J o C i'~ ~ :.-1>hj ~'ft/<;:, " æ ~ .. g .. ~ " m N " ~ t ..§ ; 2i It ~i I .. ; I; If¡~ I II ~ ~~_.~~...."."~.". ,'n..'· Business Relocation Handbook This booklet describes the relocation payments and other relocation assistance provided under the Uniform Relocation Assistance and Real Properly Acquisition Policies Act of 1970, as amended (URA) and the California Relocation Assistance Law (Gov. Code, §7260 et seq.) to displaced businesses, nonprofit organizations and farms, This includes any such occupant that moves from real property, or moves personal property from real property, as a direct result of rehabilitation, demolition or acquisition for a publicly funded project. If you have been notified that you will be displaced, it is important that you do not move before you learn what you must do to receive the relocation payments and other assistance to which you are entitled. I I I I I I I I I I I This booklet may not answer all of your questions, If you have more questions about your relocation, contact your Relocation Advisor, Ask your questions before you move, Afterwards, it may be too late, Summary of Relocation Assistance As an eligible displaced person, you will be offered the following advisory and financial assistance: . Advisory Services, These include referrals to suitable replacement locations, help in preparing claim forms for relocation payments and other assistance to minimize the impact of the move, . Payment for Moving and Reestablishment Expenses, Payments for moving, reestablishment and related expenses fall into two general categories: . Every displaced person is eligible to receive a Payment for Actual Reasonable Moving and Related Expenses. If you choose this payment, you may also be eligible for a Payment for Reestablishment Expenses, up to $10,000, . Certain persons are eligible to choose a Fixed Payment as an alternative to the payments for moving and reestablishment expenses, If you disagree with the City's decision as to the relocation assistance for which you are eligible, you may appeal that decision. Page 1 0/8 ..,.- "_._,----" r--- Ii Commonly Asked Questions How Willi Know I Am Eligible For Relocation Assistance? You should receive a written Notice of Eligibility explaining your eligibility to receive relocation assistance, You should not move before receiving that notice, If you do, you may not be eligible for reiocation assistance, How Will The City Know How Much Help I Need? You will be contacted by your Relocation Advisor to determine your relocation needs and preferences for a replacement location and other services, Your Relocation Advisor will ask about such matters as your space requirements, It is to your advantage to provide the information so that your Relocation Advisor can assist you in moving with a minimum of hardship, The information you give will be kept in confidence How Soon Willi Have To Move? Every reasonable effort will be made to provide you with sufficient time to find and reestablish your business in a suitable replacement location, If possible, a mutually agreeable date for the move will be worked out. You will be given enough time to make plans for moving, Unless there is a health or safety emergency, you will not be required to move without at least 90 days advance written notice, It is important, however, that you keep in close contact with your Relocation Advisor so that you are aware of the time schedule for carrying out the project and the approximate date by which you will have. to move. How Willi Find A Replacement Location? Your Relocation Advisor will provide you with current information on available replacement locations that meet your needs Your Relocation Advisor may also provide you with the names of real estate brokers who can assist you in finding the type of replacement location you need, While your Relocation Advisor will assist you in obtaining a suitable replacement location, you should take an active role in finding and relocating to a location of your choice. No one knows your needs better than you You will want a facility that provides sufficient space for your planned activities. You will also want to assure that there are no zoning or other requirements that will unduly restrict your planned operations, Your Relocation Advisor will explain the kinds of moving and reestablishment costs that are eligible for repayment and which are not eligible. That will enable you to carry out your move in the most advantageous manner, Page 20fB -'--~ ,,,-_.,,.- I I I I I I I I I I I I I I I I I I I What Other Assistance Will Be Available To Help Me? Your Relocation Advisor will provide you with other assistance, as necessary, to help you through the relocation process. This includes information on Federal. State, and local programs that may be of help in reestablishing a business. For example, the Small Business Administration (SBA) provides managerial and technical assistance to some businesses, The range of services depends on the needs of the business being displaced, You should ask your Relocation Advisor to tell you about the specific services that will be available to help you, I Have A Replacement Location And Want To Move, What Should I Do? Before you make any arrangements to move, notify your Relocation Advisor,. in writing, of your intention to move. This should be done at least 30 days before the date you begin your move. Your Relocation Advisor will discuss the move with you and advise you of the relocation payments for which you may be eligible, the requirements to be met, and how to obtain a payment. I Plan To Discontinue My Business Rather Than Move. What Should I Do? If you have decided to discontinue your business rather than reestablish, you may still be eligible to receive a payment. Contact your Relocation Advisor and discuss your decision to discontinue your business, You will be informed of the payment, if any, for which you may be eligible and the requirements that must be met to obtain the payment. I Own This Property. Willi Be Paid For It Before I Have To Move? If you reach a negotiated agreement to sell your property, you will not be required to move before you receive the agreed purchase price, If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court, (You should be able to withdraw this amount immediately, less any amounts necessary to payoff any mortgage or other liens on the property and to resolve any special ownership problems, Withdrawal of your share of the money will not affect your right to seek additional compensation for your property.) What Is A Payment For Actual Reasonable Moving And Related Expenses? If you choose a Payment For Actual Reasonable Moving and Related Expenses, you may include in your claim the reasonable and necessary cost of: . Transportation of personal property from your present location to the replacement location, (Generally, transportation costs are limited to a distance of 50 miles, If you plan to move beyond 50 miles, discuss your planned move with your Relocation Advisor,) . Packing, crating, uncrating, and unpacking the personal property, Page 3 of 8 --- ."-,,,,.._. .....'-.-" I I I I I I I I I I I I I I · Disconnecting, dismantling, removing, reassembiing, and installing relocated and "substitute" machinery, equipment and other personal property. This includes connection 10 utilities available nearby. It also includes modifications to the personal property that are necessary to adapt it to the replacement structure, the replacement site or the utilities at the replacement site and modifications necessary to adapt the utilities at the replacement site to the personal property, · Storage of personal property for a reasonable period of time, if required, · Insurance for the replacement value of the personal property in connection with the move and necessary storage, · Licenses, permits or certifications required of the displaced person at the replacement location, However the cost must be reasonable and necessary to reestablishment at the replacement location and the payment may be based on the remaining useful life of the existing license, permit, or certification, · Professional services, necessary for (1) planning the move of the personal property, (2) moving the personal property, or (3) instaliing relocated or "substitute" personal property at the replacement location. · Re-Iettering signs and replacing stationery on hand at the time of the displacement and made obsolete as a result of move, · The reasonable cost incurred in attempting to sell an item that is not relocated, · Actual direct loss of tangible personal property, This payment provides compensation for property that is neither moved nor promptly replaced with a "substitute" item at the replacement location. Payment is limited to the lesser of: (1) the estimated cost of moving and reinstalling the personal property or (2) the market value of the property for its continued use at the old location, less any proceeds from its sale, To be eligible, you must make a good faith effort to sell the property, unless the City determines that such effort is not necessary. Payment for the loss of goods held for sale shall not exceed the cost of the goods to the displaced person. · Purchase and installation of "substitute" personal property. This payment is made when an item of personal property is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, Payment will be limited to the lesser of: (1) the estimated cost of moving and reinstalling the item, or (2) the actual cost of the substitute item delivered and installed at the replacement location, less any proceeds from the sale or trade-in of the replaced item, It is important that you discuss your plans with your Relocation Advisor before you proceed. · Searching for a replacement location, Generally, this payment may not exceed $1,000, It covers costs for: · Transportation expenses, · Time spent searching for a replacement location, based on reasonable salary or earnings. · Reasonable fees paid to a real estate agent or broker to find a replacement location (not fees related to the purchase of the site), · Meals and lodging away from home, Page 4 018 .,.-...-- ,~_.'.'.""""'.'V"".'_'~~____~"_·' I I I I I I 1 I I I I 1 I I I I I I I Your Relocation Advisor will explain all eligible moving and related costs, as well as those that are not eligible. You must be able to account for all costs that you incur; so keep all your receipts, Your Relocation Advisor will inform you of the documentation needed to support your claim, You may minimize the amount of documentation needed to support your claim, if you elect to "self-move" your personal property, Payment for a self-move is based on the amount of an acceptable low bid or estimate, If you self-move, you may move your personal property using your own employees and equipment or a commercial mover. If you and the City cannot agree on an acceptable amount to cover the cost of the "self- move," you will have to submit full documentation in support of your claim, You may elect to pay your moving costs yourself and be repaid by the City or, if you prefer, you may have the City pay the mover, In either case, select your mover with care. The City can help you select a reliable and reputable mover Also, keep your Relocation Advisor informed about your moving plans. You must provide reasonable advance written notice of the approximate date of the start of your move or disposition of your personal property and a list of the items to be moved, unless the City agrees to waive this requirement And you must permit the City to make reasonable and timely inspections of the personai property at the old and new locations and to monitor the move, When a payment for "actual direct loss of personal property" or "substitute personal property" is made for an item, the estimated cost of moving the item will be based on the lowest acceptable bid or estimate, If not sold or traded in, you must transfer ownership of the item to the City in order to receive the payment What Is A Payment For Reestablishment Expenses? If you choose to receive a payment for your actual moving and related expenses, you may also be eligible to receive Payment for Reestablishment Expenses, not to exceed $10,000, Such expenses include the reasonable and necessary cost of: · Repairs or improvements to the replacement real property as required by Federal, State or local law, code or ordinance. · Modifications to the replacement property to accommodate the business operation or make a replacement structure suitable for conducting the business, · Construction and installation costs for exterior signs to advertise the business, · Provision of utilities from the right-of-way to improvements on the replacement site, · Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting. · Licenses, fees and permits that are not paid as part of moving expenses. · Feasibility surveys, soil testing and marketing studies, · Advertisement of the replacement location, Page 50r8 ._..._-'._.~.- "...-^,'''--- .,,---,._.~. f----'~- _._,~._-_.. · Professional services and incidental expenses in connection with the purchase or lease of a replacement property, I I I I I I I I I I I I I I · Estimated increased costs of operation during the first 2 years at the replacement site for such items as (1) lease or rental charges, (2) personal or real property taxes, (3) insurance premiums, and (4) utility charges, excluding impact fees. · Impact fees or one-time assessments for anticipated heavy utility usage, What Is A Fixed Payment ("In-Lieu Moving Payment")? Certain businesses, nonprofit organizations and farms are eligible to obtain a Fixed Payment (Alternative Allowance). If you receive this payment, you will not receive a Payment for Actual Reasonable Moving and Related Expenses or a Payment for Reestablishment Expenses, The Fixed Payment to a business or farm operation is based on the average annual net earnings of the business or farm operation; the Fixed Payment to a nonprofit organization is based on average annual expenses and revenue, A Fixed Payment will not be less than $1,000, nor more than $20,000. To qualify for a Fixed Payment: · A displaced business must (1) either discontinue operations or be unable to relocate without a substantial loss of existing patronage (measured in terms of clientele or net earnings at the discretion of the City), (2) meet certain minimum income requirements, and (3) not be part of a commercial enterprise having more than three other entities under the same ownership, engaged in the same or similar business activities, that are J1QÌ being dispiaced, (Also, certain rentai businesses are excluded.) · A displaced nonprofit organization must discontinue operations or be unable to relocate without a substantial loss of its existing patronage · A displaced farm operation must meet certain minimum income requirements, Ordinariiy, to be eligible for the minimum Fixed Payment, a displaced business or farm must have (1) had average annual gross receipts of at least $5,000, or (2) had average annual net earnings of at least $1,000, or (3) contributed 1/3 of the owner's or operator's average gross income, for the two tax years prior to displacement. The City, however, may use other criteria if it determines that the test would cause an inequity or hardship, Your Relocation Advisor will inform you as to your eligibility for this payment and the documentation you must submit to support your claim, Remember, when you elect to take this payment you are not entitled to reimbursement for any other moving expenses, Page 6 of 8 ?_"___'__'.'_·"_""n ,"" . ..,---- I I I I I I I I I I I I I I I Must I File A Claim For A Relocation Payment? Yes, You must file a claim for a relocation payment. Your Relocation Advisor will, however, provide you with the required claim form, help you to complete it, and explain the type of documentation that you must submit in order to receive the payment. If you must pay any relocation expenses before you move (e,g" a security deposit to lease a new location). discuss your needs with your Relocation Advisor, You should be able to obtain an advance payment. An advance payment may be placed in "escrow" to ensure that the move will be completed on a timely basis, If you are a tenant, you must file your claim within 18 months after the date you move, If you are displaced from property that you own, you must file within 18 months after the later of: the date you move, or the date you receive the final acquisition payment. However, it is to your advantage to file as soon as possible after you move, The sooner you submit your claim, the sooner it can be processed and paid, Claims will be paid approximately three weeks after they are submitted with full documentation, If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action you must take to resolve the matter, Willi Have To Pay Rent To The City Before I Move? If the City acquires your property, you may be required to pay a fair rent to the City for the period between the acquisition of the property and the date that you move, Such rent will not exceed your current lease rate or the market rent for comparable properties in the area, Do I Have To Pay Federal Income Taxes On My Relocation Payments? No, Section 216 of the URA states that you need not report relocation payments as part of your gross income for Federal tax purposes, For information on State or local income taxes, you should check with the State or local income tax office in your area or with your personal tax advisor, If I Don't Receive The Required Assistance, Can I Appeal? Yes, If you disagree with the City's decision as to your right to a relocation payment or the amount of a payment, you may appeal the decision to the City, Your Relocation Advisor will inform you of the appeal procedures. You will have 18 months from the date you move to file your appeal with the City, Your appeal must be in writing However, if you need help, your Relocation Advisor will assist you in preparing your appeal. If you are not satisfied with the City's final decision on your appeal, you may seek review of the matter by the courts, --'._~ Page 7 of 8 ------ ---..".,.,-. I I I I I I I I I I I I I I ~,._,,_. .'-'._~'-'~" I Have More Questions. Who Will Answer Them? If you have further questions after reading this booklet, contact your Relocation Advisor and discuss your concerns, Your Relocation Advisor is Ms Karen Eddleman of Crossroads RIW. You can contact Ms. Eddleman at: Crossroads RIW, Inc, 277 East H Street Benicia, California 94510 Toll-Free Phone: 1~877-813-4270 Notes: This document /,as been modified from HUD·¡ 043-CPD dated Septembar 2002, Every effort has been made to assure lI,e acwracy of this handbook. This handbook is intanded to present geMra' infomlBtion Drily and It should not be irlterpreted as I.w, Should tllere be any errors, tha law shall/ake precedenoe. Page 8 of 8