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HomeMy WebLinkAboutRedevelopment Agency - 36 RESOLUTION NO. 36 A RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY ESTABLISHING THE METHOD AND PLAN FOR RELOCATION OF FAMILIES, PERSONS AND BUSINESSES DISPLACED BY REDEVELOPMENT ACTIVITIES WHEREAS, the Huntington Beach Redevelopment Agency is preparing redevelopment plans within the City of Huntington Beach; and WHEREAS, Section 33411 of the California Community Redevelopment Law (Health and Safety Code, Sections 33000 et seq. ) provides that a Redevelopment Agency shall prepare a feasible method or plan for relocation of families and persons to be temporarily or permanently displaced from within a Project Area; NOW, THEREFORE, be it resolved that: Section 1. The Huntington Beach Redevelopment Agency hereby establishes a method and plan for relocation of families, persons and businesses displaced within Redevelopment Project Areas as described in Exhibit "A" attached hereto and by reference made a part hereof. j Section 2. The Huntington Beach Redevelopment Agency hereby directs that copies of the method and plan be made available during regular business hours for public inspection in the Office of the Director of Business and Industrial Enterprise. PASSED AND ADOPTED this 16th day of August 1982. ATTEST: Secretary Chairperson APPROVED AS TO FORM: APPROVED AS TO CONTENT: gen y Couns Executive Off4cer INITIATED AND APPROVED: Director of Business and Industrial Enterprise s r Exhibit "A" HUNTINGTON BEACH REDEVELOPMENT AGENCY METHOD AND PLAN FOR RELOCATION OF FAMILIES, PERSONS AND BUSINESSES DISPLACED BY REDEVELOPMENT ACTIVITIES TABLE OF CONTENTS Section Page i 1.0 INTRODUCTION 1 2.0 DEFINITIONS l 2.1 Agency 1 2.2 Acquired Dwelling 1 2.3 Average Annual Net Earnings 1 2.4 Business 1 2.5 City 2 2.6 Comparable Replacement Dwelling 2 2.7 Conventional Loan 2 2.8 Counted Room' 2 2.9 Date of Initiation of Negotiations for the Parcel 3 2.10 Director 3 . 2.11 Displaced Persons 3 2.12 Dwelling 3 2.13 Economic Rent 3 2.14 Effective Rate of Interest 3 2.15 Eligible Person 3 2.16 Family 4 2.17 Farm Operation 4 2.18 Gross Income 4 2.19 Incidental Expenses 4 2.20 Mobilehome 4 2.21 Monthly Gross Income 4 2.22 Mortgage 4 2.23 Moving Expense 4 2.24 Nonprofit Organization 5 2.25 Owner 5 2.26 Person 5 2.27 Personal Property 5 2.28 Prepaid Expenses 5 2.29. Public Use 5 2.30 Purchases 6 2.31 Relocatee 6 3.0 ADMINISTRATIVE ORGANIZATION 6 3.1 Responsible Agency 6 3.2 Staffing 6 3.3 Agency Staff Functions . 7 4.0 REPLACEMENT HOUSING STANDARDS 8 4.1 Standards for Dwelling 8 4.2 Standards for Sleeping Rooms (nonhousekeeping Units) 9 4.3 Standards for Mobile Homes 9 4.4 Ability to Pay 10 4.5 Miscellaneous 10 4.6 Exceptions 10 4.7 Environmental Standards 10 4.8 Temporary Housing Standards 10 4.9 Obtaining Relocation Housing 11 Section Page 5.0 ASSURANCE OF RELOCATION RESOURCES 11 6.0 RELOCATION ADVISORY ASSISTANCE 12 6.1 General 12 6.2 Informational Material 13 6.3 Listings, Referrals, and Assistance in Obtaining Housing 13 6.4 Social Services 14 6.5 Assistance to Business Concerns, Nonprofit Organizations and Farms 14 6.6 Equal Opportunity 15 6.7 Self-Relocation and Inspecting 15 6.8 Relocation Records 15 6.9 Agency Evaluation 16 7.0 RELOCATION PAYMENTS 16 7.1 Qualifications and Conditions for Payments 16 7.2 Restrictions on Payment of Relocation Claim 16 7.3 Time for Filing Claims 16 7.4 Payment Amounts 17. 7.5 Filing Claims 17 7.6 Documenting Claims 17 8.0 ASSISTANCE TO BUSINESSES AND OTHERS 18 8.1 Individuals 18 8.2 Others 18 8.3 Businesses and Institutions 18 9.0 NOTICE TO VACATE 19 9.1 General.Policy 19 9.2 Ninety-Day Notice 19 9.3 Thirty-Day Notice 19 , 9.4 Extensions of Notices 19 9.5 Execution of Notices 20 10.0 APPEALS PROCEDURE AND ADMINISTRATIVE REVIEW 20 10.1 Purpose 20 10.2 Right of Review 20 10.3 Notification to Complainant 20 10.4 Stages of Review by the Agency 20 10.5 Formal Review and Reconsideration by the Relocation Appeals Board 21 10.6 Refusals to Waive Time Limitations 23 10.7 Extensions of Time Limits 23 10.8 Recommendations by Third Party 23 10.9 Review of Files by Claimant 23 10.10 Effect of Determination on Other Persons 23 10.11 Right to Counsel 23 10.12 Joint Complainants 23 10.13 Judicial Review 24 11.0 ADDITIONAL RELOCATION REQUIREMENTS 24 1.0 INTRODUCTION Pursuant to Section 33411 of the California Community Redevelopment Law, and Section 6038 b (5) of the California Relocation Assistance Guidelines, a method and plan (advisory services) must be provided for the relocation of families and persons to be, displaced from designated redevelopment 'project areas. .The plan which follows is in compliance with these sections of the law and guidelines and is further intended to demonstrate both the City of Huntington Beach's and the Redevelopment Agency's clear intentions to provide maximum relocation advisory assistance to persons who may be displaced by the Huntington Beach redevelopment activities. Such professional assistance together with payment of relocation benefits as provided for in Sections 7260 et seq. of the Government Code, are puposefully intended to minimize the inconvenience caused by displacement and the need to relocate. 2.0 DEFINITIONS 2.1. Agency - means the Huntington Beach Redevelopment Agency, its staff, and consultants and contractors it employs. 2.2 Acquired Dwelling - means a dwelling purchased by the Agency, a dwelling for which purchase negotiations have been initiated, or a. dwelling on which rehabilitation activities or Participation Agreement activities have been required. 2.3 Average Annual Net Earnings - means one-half of any net earnings of a business or farm operation before federal, state and local income taxes during the two taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired or during such other period as the Director 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 the two-year period. In the case of a corporate owner, earnings shall include any compensation paid to the spouse or dependents of the owner of a majority interest in the corporation. For the purpose of determining majority ownership, stock held by a husband, his wife and their dependent children shall be treated as one unit. 2.4 Business means any lawful activity, excepting a farm operation, conducted primarily: -- For the purchase, sale, lease or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; or, -- For the sale of services to the public; -- By a nonprofit organiziation; or -- Solely for the purpose of moving and related expenses, for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display(s), whether or not such display(s) is located on the premises on which any of the above activities are conducted. -1-• 2.5 City - means the City of Huntington Beach. 2.6 Comparable Replacement Dwelling means a dwelling which is: -- Decent, safe, and sanitary as defined in Part 4.1. -- Functionally equivalent and substantially the same as the,. acquired dwelling with respect to: - Number of rooms; - Area of living space; Type of construction; Age; State of repair; But not excluding newly constructed housing. -- Fair housing - open to all persons regardless of race, color, religion, sex, marital status, or national origin and consistent with the requirements of Title VIII of the Civil Rights Act of 1968. -- In areas not generally less desirable than the dwelling to be acquired in regard to: - Public utilities and municipal services; - Public and commercial facilities. -- Reasonably accessible to the relocatee's place of employment. -- Adequate to accomodate the relocatee. -- In an equal or better neighborhood, and in an area not subjected to unreasonable adverse environmental conditions. -- Available on the market to the displaced person. -- Within the financial means of the displaced family or individual. 2.7 Conventional Loan - means a mortgage commonly given by banks, savings and loan associations to secure advances on, or the unpaid purchase price of real property, payment of which is not insured by any agency of the state or federal governments. 2.8 Counted Room - means the space in a dwelling unit containing the ususal quanitity of household furniture, equipment and personal property. It shall include such space as a recreation room, living room, study, library, dining room, kitchen, laundry room, basement, bedroom, and garage. Rooms or storage areas which contain substantial amounts of personal property equivalent to one or more rooms may be counted as additional rooms. -2- 2.9 Date of Initiation of Negotiations for the Parcel - means the date the Agency makes the first personal contact with the owner or his representative and furnishes him with a written offer to purchase the property. For purposes of establishing payment eligibility in the case of rehabilitation, code enforcement and Participation Agreement activities, "Initiation of Negotiations" shall mean the date on which a displacee moves from a displacement site. 2.10 Director - means the Administrator of the Agency's Relocation Assistance Program, i.e. the Director of Businesses and Industrial Enterprise. 2.11 Displaced Person - means any person who moves from real property, or who moves his personal property from real property, as a result of the acquisition of such real property, in whole or in part, by a public entity or by any person having an agreement with or acting on behalf of a public entity, or as the result of a written.order from a public entity to vacate the real property, for public use. This definition shall be construed so that persons displaced as a result of public action receive relocation benefits in cases where they are displaced as a result of Participation Agreement or an acquisition carried out by a private person for or in connection with a public use where the public entity is otherwise empowered to acquire the property to carry out the public use. Where only a portion of the real property is 'taken, a person who occupied all or a portion of the remainder shall be considered a displaced person only if the acquisition or construcion of the project made the displacement necessary. For purposes of eligibility for advisory assistance and moving expenses (excluding the In-Lieu and Replacement Housing Payments), a person is considered displaced if he receives a written notice from the Agency to vacate other real property on which the person conducts a business. 2.12 Dwelling - means any single-family house, a single-family unit (including a nonhousekeeping unit) in a multi-family building, a unit of a ' condominium or cooperative housing project, a mobile home, or any other residential unit. 2.13 Economic Rent means the reasonable rental expenetancy if the property were available for rent or lease; the rent or lease payment being paid for comparable space as distinguished from contract rent or lease payment. 2.14 Effective Rate of Interest - means the annual percentage_rate paid on the debt of a mortgage as a result of including debt service charges in the total interest to be paid on the mortgage debt, as an incident to the extension of credit, when such debt service charges are normal to the market. 2.15 Eligible Person - means any displaced person who is lawfully entitled to any relocation payment understate or federal regulations. -3_ 2.16 Family - means two or more individuals, one of whom is the head of a household, plus all other individuals regardless of blood or legal ties who live with and are considered a part of the family unit. Where two or more individuals occupy the same family dwelling with no identifiable head of a household, they shall be treated as one family for replacement housing payment purposes. 2.17 Farm Operation - means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including time, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. 2.18 Gross Income means projected annual income from all sources of each member of the family residing in the household who is at least eighteen years of age. 2.19 Incidental Expenses - means reasonable expenses incurred for evidence of title, recording, fees, and other closing costs on the purchase of a replacement dwelling. 2.20 Mobilehome - means a vehicle, other than a motor vehicle, designed or used for human habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle. 2.21 Monthly Gross Income - means the total monthly income of a family or individual irrespective of expenses and voluntary or involuntary deductions and includes, but is not limited to salaries, wages, tips, commissions, rents, royalties, dividends, interest, profits, pensions, and annuities. 2.22 Mortgage - means 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. 2.23 Moving Expense - means the cost of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting, unloading and reinstalling of personal property, including service charges in connection with effecting such reinstallations, and necessary temporary lodging and transportation of eligible persons. Moving expense shall not include: - The cost of construction or improvement at the new location to replace property for which compensation was paid in the acquisition. -- Any loss of, or damage to, personal property caused by the fault or negligence of the displaced person, his agent, or employee in the process of moving where insurance to cover such loss or damage is or was available; -- any payment for moving personal property where such property ,is purchased as part of the acquisition; -4.. -- Additional expenses incurred because of living in a new location; 2.24 Nonprofit Organization - means a. corporation, partnership, individual or other public or private entity, engaged in a business, professional or instructional activity on a nonprofit basis, necessitating fixtures, equipment, stock in trade, or other tangible property for the. carrying on of the business, profession or institutional activity on the premises. 2.25 Owner person "owns a dwelling" if he: -- Holds fee title, a life estate, a 99-year lease, or a lease with not less than 50 years to run from date of acquisition of the property for the project; -- Holds an interest in a cooperative housing project which includes the rights of occupancy of a dwelling unit therein; -- Is the contract purchaser of any of the foregoing estates or interests; -- Has a leasehold interest with an option to purchase or -- Owns a mobile unit which under state law is determined to be real property, not personal property. 2.26 Person - means any individual, partnership, corporation, or association. 2.27 Personal Property - (Tangible, Personal Property) - means tangible property which is situated on the real property vacated or to be vacated by a displaced person and which is considered personal property and is noncompensable (other than for moving expenses) under the state law of eminent domain, and in the case of a tenant, fixtures and equipment, and other property which may be characterized as real property under state or local law, but which the tenant may lawfully, and at his election determines to, move and for which the tenant is not compensated in the real property acquisition. In the case of an owner of real property, the determination as to whether an item of property is personal or real shall depend upon how it is identified in the acquisition „ appraisals and the closing or settlement statement with respect to the real property acquisitions: provided, that no item of property which is compensable under state and local law to the owner of real property in the real property acquisition may be treated as tangible personal property in computing actual direct losses of tangible personal property. 2.28 Prepaid Expenses - means items paid in advance by the seller of real property and prorated between such seller and the buyer of such real property at the close of escrow including, but not limited to real property taxes, for insurance, homeowners' association dues and assessment payments. 2.29 Public Use - means a use for which real property may be acquired by eminent domain. -5 2.30 Purchases - (Replacement Housing) - means: The acquisition, construction or rehabilitation of a dwelling, the purchase and rehabilitation of a substandard dwelling, the relocation or relocation and rehabilitation of an existing dwelling, or the entering into a contract to, purchase, or for the construction of, a dwelling to be constructed on a site to be provided by a builder or developer or on a site to be provided by a builder or developer or on a site which the displaced person owns or acquired for such purpose. Mobilehomes must be registered with the California Department of Motor Vehicles in the name of the claimant in order that they be considered as "purchased" replacement dwellings. 2.31 Relocatee - means any person who meets the definition of a displaced person. 3.0 ADMIISTRATIVE ORGANIZATION 3.1 Responsible Agency The Huntington Beach Redevelopment Agency is the local public agency which is responsible for the relocation of individuals, families, businesses and institutions that are displaced as a result of redevelopment project activities. The Agency will meet its relocation responsibilities through qualified staff or qualified relocation consultants that will manage the complexities of providing relocation advisory assistance. Their services may be supplemented with assistance from local realtors, social agencies, and civic organizations. 3.2 Staffing The Agency's Director of Business and Industrial Enterprise shall be responsible for developing and administering the Agency's program for relocation advisory assistance to all occupants within the Huntington Beach Redevelopment Agency's Project areas that are required to move as a result of redevelopment activities. The Agency shall ensure that staff who are charged with the duties of providing relocation implementation services are qualified and experienced in housing and urban development, relocation procedures, social service programs, public housing and property management. The Agency's relocation program shall be designed so as to maximize the use of other City departments, as appropriate, as well as other social service agencies which regularly provide counseling, referral, and specialized programs to those who qualify. Such relocation program shall, to the extent feasible, be designed to encourage relocation of families and persons into other neighborhoods in Huntington Beach without interferring with the displacee's option to select a replacement house of his choice, whether that choice is within or outside the City of Huntington Beach. -6- 3.3 Agency Staff Functions The functions of the Agency's relocation staff shall include the following: -- Interpret the Agency's program to all site occupants about the redevelopment project and its effect upon project area occupants. -- Determine the relocation needs and desires of all site occupants through personal interviews and to keep each informed of their rights and, responsibilities under the redevelopment program, as well as to apprise them of the relocation resources, special services and aids to which they are entitled. -- Enlist the cooperation of real estate agents, home builders, property management firms, social service agencies, civic groups and others in locating suitable relocation accommodations for displacees and to provide other services deemed essential for the successful relocation of project area occupants. -- Locate, inspect and evaluate, or stimulate the development of, housing facilities to meet the needs of all project area occupants and refer and otherwise assist said occupants in securring housing which they require. -- Secure priority consideration for persons eligible for and desiring public housing or any other housing to which displacees are entitled, and take other appropriate steps as necessary to expedite their placement into such housing. -- Advise and assist owners and site occupants in understanding and utilizing the "owner, -business, and tenant participation" opportunities provided for in the Redevelopment Plan. -- Assist prospective home buyers in obtaining appropriate mortgage financing and advise them of special FHA, VA.and other financial aids available. -- Make referrals to community social, welfare, and other similar agencies when such referrals are deemed advisable and cooperate with these agencies on an individual basis to assist in the solution of specific problems affecting the relocation of individuals, or groups of relocatees. -- Maintain liaison services between businesses, site occupants, and commercial property brokers, realty boards, Chambers of Commerce, the Small Business Administration, the economic development agencies, lending institutions, and other appropriate resources for advice and assistance in effecting the satisfactory relocation of site occupants. -- Assist project area occupants in preparing all claims for relocation payments to which they are entitled. -7 -- Establish records, maintain files, and provide ongoing reports to the Executive Officer and Agency on field relocation activities. -- Coordinate relocation activities with other Agency operations. 4.0 REPLACEMENT HOUSING STANDARDS It is the Agency's objective that all displaced residential occupants be rehoused, with a minimum of hardship, into accommodations that are decent, safe, sanitary, and suitable to their individual needs; located in areas not less desirable than housing which exists in the Project Area with respect to public utilities and public and commercial facilities, and are reasonably accessible to the project area occupants' places of employment; and are priced within their financial means. The standards set forth below have been established by the Agency to achieve these objectives. 4.1 Standards for Dwellings A decent, safe, and sanitary dwelling is one which meets all of the following minimum requirements. 4.1.1 Conforms with all applicable provisions for existing structures that have been established under state or local building, plumbing, electrical, housing, and occupancy codes and similar ordinances or regulations. 4.1.2 Has a continuing and adequate supply of potable safe water. 4.1.3 Has a kitchen or an area set aside for kitchen use which contains a sink in good working condition and connected to hot and cold water, and an adequate sewage system. A stove and refrigerator in good operating condition shall be provided when required by local code, ordinances or custom. When these facilities are not so required by local codes, ordinances or custom, the kitchen area or area set aside for such use shall have utility sevice connections and adequate space for the installation of such facilities. 4.1.4 Has an adequate heating system in good working order which will maintain a minimum temperature of 70 degrees in the living area, excluding bedrooms, under local outdoor temperature conditions. A heating system will not be required in those geographical areas where such is not normally included in new housing. 4.1.5 Has a bathroom, well-lighted and ventilated and affording privacy to a person within. it, containing a lavatory basin and a bathtub or stall shower, properly connected to an adequate supply of hot and cold running water, and a flush closet, all in good working order and properly connected to a sewage disposal system. _g_ 4.1.6 Has an adequate and safe wiring system for lighting and other electrical services. 4.1.7 Is structurally sound, weathertight, in good repair and adequately maintained. 4.1.8 Each building used for dwelling purposes shall have a safe unobstructed means of egress leading to safe open space at Bound level. Each dwelling unit in a multi-dwelling building must have access either directly or through a common corridor to a means of egress to open space at ground level. In multi-dwelling buildings of three stories or more, the common corridor on each story must have at least two means of egress. 4.1.9 Has 150 square feet of habitable floor space for the first occupant in a standard living unit and at least 100 square feet of habitable floor space for each additional occupant. The floor space is to be subdivided into sufficient rooms to be adequate for the family. All rooms must be adequately ventilated. Habitable floor space is defined as that space used for sleeping, living, cooking or dining purposes, and excludes such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, and unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces. 4.1.10 Every bedroom shall contain not less than 80 square feet of habitable floor area and at least one window opening to the outside. If more than two persons occupy the room, an additional 60 square feet of floor area shall be required for each additional person. 4.2 Standards for Sleeping Rooms (nonhousekeeping units) 'A decent, safe, and sanitary sleeping room is one which includes the minimum requirements contained in Section 4.1., subparagraphs 2, 4, 6, 7 and 8 of this section and the following: -- At least 100 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for each additional occupant. -- Lavatory, bath and toilet facilities that provide privacy, including a door that can be located if such faciliites are separate from the room. 4.3 Standards for Mobile Homes A decent, safe and sanitary mobile home is one which includes the minimum requirements contained in Subsection 4.1, subparagraphs 2, 3, 4, 5, 6, 7, 8, and 9 of this section except that it may have 70 square . feet of habitable floor space for each additional occupant and bears the insignia of approval issued by the State of California, Department of Housing and Community Development, pursuant to the California Health and Safety Code, except those manufactured prior to September 1, 1958. -9_ 4.4 Ability to Pay The Agency's relocation staff will give consideration to the particular financial situation of each family or individual .and will seek the occupant's concurrence in the final determination of what he can afford to pay for housing. Every effort will be made to maintain the lowest possible housing cost-income ratio, which at the same time provides the relocatee with adequate housing. As a general rule, displacees should usually be able to pay gross monthly rentals based on the following criteria: -- Families and individuals - 25% of gross income. - Displacees eligible for public housing - rents as established by the Housing Authority, which are graded to income. -- Incomes, assets and debts are to be evaluated in determining the relative price which is approximately two and one-half times annual gross family income, combined with monthly payments not exceeding 25% of gross monthly income, will be considered as being within the financial means of those contemplating home ownership. Displacees may voluntarily relocate to units exceeding these standards in price, but such units may not be used as referrals by the Agency. 4.5 Miscellaneous Additionally, units used for referral or feasibility purposes may not be located in areas subject to unreasonable environmental influences and must be available on a nondiscriminatory basis. 4.6 Exceptions Exceptions to housing.standards may be granted in emergency or other unusual situations. Such exceptions will be limited to items and circumstances that are beyond the reasonable control of the relocatee. , Exceptions will not be granted for items which render the dwelling hazardous, unsafe or unsanitary. 4.7 Environmental Standards It will be the Agency's policy to refer families and individuals to housing in areas not less desirable in regard to public utilities and services, and commercial facilities than presently available in the Project Area. Furthermore, such housing shall, to the extent possible, be within a reasonable distance for daily commuting to the displacee's place of employment. 4.8 Temporary Housing Standards -10- Housing not meeting the Agency's established standards for permanent relocation may be used for temporary housing only when it becomes necessary to relocate a project area occupant pending the availability of permanent quarters; to facilitate commencement of demolition or site improvement operations; to vacate premises which are unsafe; and/or to effectuate reductions in overall redevelopment project costs. In no event will the temporary housing offered by the relocation staff be of less desirable character than that from which the project area occupant is being moved; further, such temporary housing shall be in a safe and habitable condition. Temporary relocations made by the Agency, will be kept to a minimum both as to number and duration, and will not diminish the Agency's obligation with respect to the displacee's permanent relocation. The necessary costs incurred in temporary on-site moves made at the direction of the Agency will be paid by the Agency. If a self-relocatee moves into temporary housing and declines without satisfactory reason to accept standard housing to which he is referred, it will be considered that the. Agency's responsibility to the relocatee has been discharged. 4.9 Obtaining Relocation Housing The Agency will establish a working relationship with owners, operating managers, realtors, multiple listing bureaus, property management firms, and others offering a wide variety of private standard housing for rent or sale. Based principally on this relationship, an ample supply of replacement housing will be made available in order to carry out .the Agency's relocation program. The Agency will obtain, inspect, and maintain current listings of standard rental and sale properties which are appropriate for relocation and are available on a nondiscriminatory basis. Information on the size, rental or sale price, financing terms and location of available units will be given to displacees seeking referrals and, as necessary, the relocation staff may provide transportation or, otherwise assist the • displacee in obtaining such housing. 5.0 ASSURANCE OF RELOCATION RESOURCES Before actual displacement is to occur, the Agency will assure that, within a reasonable period of time, there will be available comparable, decent, safe, and sanitary housing sufficient to meet the needs of displacees and available at prices they can afford. In order that the Agency make such assurance, it will, prior to any displacement, undertake surveys of the needs of displacees and .of the nature and extent of .available standard housing suitable to meet the needs of those families and individuals to be displaced. Adequacy of housing resources will be judged on the basis of such factors as vacancy rates,. actual availability within applicable unit size and price ranges, degree of choice available within the housing supply and relationship of available units found to the needs of displacees as determined by occupancy surveys. -11- The Agency will document, a finding of adequacy of housing availability after completion of the required surveys and upon demonstration that resources will be available at least 60 days before displacement occurs. No family or individual will be required to move until or unless suitable replacement housing is available at a . price they can afford; no family or individual will be required to move unless or until at least three such suitable units have been offered to the displacee and rejected by the displacee. 6.0 RELOCATION ADVISORY ASSISTANCE 6.1 General The Agency will provide advisory assistance to all persons displaced or to be displaced as a result of acquisition by the Agency of real property, to all persons displaced as a result of property rehabilitation or code enforcement activities carried out by private persons in conformance with adopted Redevelopment Plans, and to all persons who, because of the acquisition of real property used for a business or farm operation are required to move their personal property from such other real property. In addition, relocation advisory assistance will be offered to any person occupying real property immediately adjacent to property being acquired by the Agency, if the Director,determines that such person has been caused substantial economic injury as a result of the Agency's acquisition. The Agency's relocation assistance advisory program is designed to: -- Fully inform displacees of the availability of relocation payments and assistance and the eligibility requirements. -- Through a personal interview, determine each person's need for relocaton assistance. -- Provide current information on the availiability of comparable sales and rental housing and .location of comparable commercial properties. -- Assure that, within a reasonable period of time prior to displacement, there will be adequate replacement housing available for persons who are to be displaced. -- Provide other advisory services, such as counseling and referrals, with regard to financial, employment, training, health, welfare, and other problem areas in order to minimize the hardships of relocation. - Assist persons in.completing required applications and forms. -- Inform all persons who are expected to occupy Agency property about rental and property management policies to be used in the project. -- Insure adequate inspection of all relocation replacement housing. -1L- 6.2 Informational Material The Agency will distribute informational materials (see Appendix A) to every area occupant to be displaced or otherwise affected by the project. Written information will be given to each. owner and occupant of .property to be acquired at the time the Agency acquires the property. A notification that occupants are eligible for relocation payments as of the date of the Agency's first offer to purchase the property shall be given to each occupant as soon as possible after the first offer has been made. Separate informational material (see Appendix B) will be made available to business concerns (including nonprofit organizations) and farms, when appropriate. In addition to distributing written material, the Agency will conduct personal interviews and maintain personal contacts to the maximum extent possible. Informational materials will be written in the language(s) most easily understood by the persons affected. Site occupants will be informed of project activities and timing through meetings and other means. 6.3 Listings, Referrals, and Assistance in Obtaining Housing -- Listings The Agency will provide information to residents on the availiability, prices, and rental rates of comparable, decent, safe, and sanitary housing. The Agency will provide residents to be displaced with listings of available dwelling units of appropriate size to meet their needs, and which are within their financial ability to pay. Listings will be available in accordance with the Federal Fair Housing Law (Title VIII of the Civic Rights Act of 1968) and other applicable fair housing laws. Listings will be maintained on a continuing basis as derived from frequent reviews of newspaper ads, street searches, contacts with owners, brokers, managers and agents. -- Referrals Relocation housing will be inspected prior to being provided as a referral to assure that it meets replacement housing standards. Units to be referred may not be in a neighborhood slated for governmental action unless that action is related to rehabilitation or improvement of neighborhood amenities. In no case will referrals be made to. housing from which it is reasonably anticipated that the family or individual may again be displaced. In making referrals, the Agency shall give consideration to the proximity of the housing to the displacees' employment or potential employment, including proximity to public transportation and the other public facilities essential to successful adjustment. The Agency shall refer all interested persons to local housing authorities and sponsors of assisted housing. When appropriate, staff will assist in filling out appropriate applications for occupancy. -13- - Assistance in Obtaining Housing Families and individuals shall be advised to tell the Agency of problems experienced in obtaining housing or other accommodations. It is the obligation of the Agency to assist in resolving these problems. The Agency .has the responsibility .to provide prompt information on the availability of housing and to assist displacees in obtaining the units of their choice. The Agency shall provide assistance, at the prospective homeowners request, in obtaining mortgage financing, including helping in the preparation and submission of purchase offers, obtaining credit reports, . and verifying employment, and making any other appropriate arrangements with lending institutions to facilitate the obtaining of loans, particularly for minority-group and low-income families and individuals. 6.4 Social Services All families and individuals will be provided with access to needed social services and counseling in order to minimize hardships involved in the relocation process. 6.5 Assistance to Business Concerns, Nonprofit Organizations and Farms The Agency will provide relocation advisory assistance to all business concerns, nonprofit organizations, and farm operations to be displaced by a project. The Agency will also provide advisory services and assistance to any business concern or nonprofit organization occupying property which is immediately adjacent to: (1) the Project Area; or (2) any real property acquired, when the business is determined to have suffered substantial economic injury as a result of project activities. The specific services .which the Agency will provide to business concerns, nonprofit organizations and farm operations are the following: -- Consultations The Agency will consult with the owner or operator to determine the need for relocation assistance and nature of replacement site requirements. The consultation will include discussions of such items as space, traffic patterns, market and other requirements, and the total number of employees. -- Current Information on Relocation Sites The Agency will provide current information on the availability, costs, and square footage of comparable locations and make referrals to real estate brokers who may be able to assist in obtaining suitable accommodations. In making . referrals and providing information., the Agency will provide maximum assistance but avoid involvement in the business operation itself: -14- -- Economic Information The Agency will provide information relative to property values, growth potentials and economic information which may assist in enabling the business to make informed decisions relative to relocation. -- Referrals to SBA Where appropriate, business concerns will be referred to the Small Business Administration (SBA) for managerial, financial and technical assistance. 6.6 Equal Opportunity In. carrying out relocations, the Agency shall take affirmative steps in providing displaced families and individuals maximum opportunities in selecting housing. The following are affirmative actions that the Agency may take: -- Make full use of government housing programs and normal real estate management and brokerage services. - Inform members of minority groups of the opportunities in neighborhoods and provide services necessary to familiarize them with those neighborhoods. -- Provide escort services to real estate offices in all neighborhoods. -- C000erate with all fair housing groups interested in equal opportunities in housing. 6.7 Self-Relocation and Inspecting The Agency will make every effort to inspect the dwellings of self-relocated families and individuals prior to their move. When displacees move without notifying the Agency, every reasonable effort will be made to locate the displacee and inspect the replacement dwelling. Such search activities will continue until the, family or individual is found, or twelve months' time has elapsed, whichever is sooner. Upon inspection, if a dwelling is found to be substandard, the Agency must offer assistance in securing standard accommodations. Should the family or individual decline a minimum of three offers of standard dwelling units and its present dwelling unit does not meet standard housing criteria, the Agency shall notify the displacee in writing of his ineligibility for replacement housing payments. 6.8 Relocation Records The Agency will maintain a relocation record, beginning with . the information obtained during the first interview to assess relocation needs. A separate record shall be prepared for each family, each individual maintaining a unit, each business concern, nonprofit organization,, and farm operation. The record shall contain all data relating to dates and types of services provided, the type and amount of relocation payments made, and the location to which those displaced relocated, including a description of the accommodation. -15- 6.9 Agency Evaluation The Agency will periodically evaluate the relocation program to determine its effectiveness in assisting persons affected by its projects and its conformance to provisions of state and federal laws. Both the quality and quantity of services provided will be considered. 7.0 RELOCATION PAYMENTS The Agency will make relocation payments to all eligible families, individuals, businesses and institutions displaced by project activities in accordance-with the regulations governing relocation payments as established by the State of California. An informational statement (see Appendices A and B) will notify the site occupant of his eligibility for relocation payments and generally instruct him on procedures for filing claims. Complete rules and regulations will be carefully explained individually to each displacee and copies of all instruction given to him. Displacees may consult with Agency staff whenever problems arise, and through recurring visits, Agency staff will attempt to anticipate problems and plausible solutions. 7.1 (qualifications and Conditions for Payments The Agency will pay reasonable and necessary moving expenses and/or storage costs; actual direct loss of personal. property for which reimbursement or compensation is not otherwise made by the Agency (through purchase, etc.); or a combination of both. Under certain circumstances, some families and individuals may, qualify for replacement housing payments, and certain businesses may be eligible for an alternate payment in lieu of moving expenses and certain other expenses. Former owners will be reimbursed for certain. settlement costs and related charges incurred in the sale of property to the Agency. Eligibility for payments will be based upon the provisions of pertinent sections of the State of California Government Code and Relocation , Rules and Regulations as adopted by the Agency. 7.2 Restrictions on Payment of Relocation Claim Displacees who fail to pay rent or who remove, without authorization, fixtures or other items purchased by the Agency with the real estate, may forfeit their right to a relocation payment. 7.3 Time for Filing Claims All claims for relocation payments or business displacement payments must be submitted to the Agency within six months after the displacement of the claimant, except that a claim for a replacement housing payment for a homeowner must be submitted within eighteen months after the displacement of the owner. -16-. 7.4 Payment Amounts Eligible families and individuals will be given the option to claim: (1) reimbursement of their actual and reasonable moving expenses and/or eligible storage costs, or (2) a moving expense allowance not to exceed $300 based on a schedule related to the number of rooms occupied, and a dislocation allowance to $200.00. In addition, homeowners may be entitled to receive a replacement housing payment of, not to exceed, $15,000 when purchasing a replacement dwelling and tenants, including such tenants, electing to purchase, and owners electing to rent a replacement dwelling may be entitled to receive a payment not to exceed $4,000 toward the rental or purchase of a comparable replacement dwelling or $6,000 .when a severe hardship exists because of local housing conditions or family size. Eligible business concerns and institutions will be reimbursed for: (1) actual and reasonable moving costs; and (2) any actual direct loss of personal property: or in lieu thereof, certain businesses may elect to receive an alternate payment, not less than $2,500, nor more than $10,000, equivalent to the average annual net earnings of the business and based upon such earnings for the two, taxable years immediately preceding the year of displacement. No temporary on-site moves made for the convenience of the Agency will. be chargeable to a site occupant's allowable relocation payment. 7.5 Filing Claims -- All claims for relocation payments must be submitted on forms which will be provided by the Agency. -- Special Conditions for Business Concerns A business concern must give the Agency at least thirty days, but not more than ninety days, written notice of its intention to move and must permit the Agency, at all reasonable times, to inspect the personal property to be moved. Claims for relocation payments must be supported by three bids of moving expenses from reputable moving firms and, to the extent required, other contractors. A relocation. payment covering moving expenses may not exceed the lowest bid. If a business concern estimates that its moving expenses will be $500 or less, bids will not be be required; however, the maximum payment in such cases will be $500. Self-moves for business will be allowed. 7.6 Documenting Claims A claim must be supported by the following: -- If for moving expenses, except in the case of a fixed payment, an itemized receipted bill or other evidence of.expense. -17- -- If for actual direct loss of personal property, written evidence thereof, which may include appraisals, certified prices, copies of bills of sale, receipts, canceled checks, copies of advertisements, offers to sell, auction records, and such other. records as may be appropriate to support the claim. -- Documentaton may be required by the Agency; and may include income tax returns, withholding or informational statements, and proof of age. All claim papers and related evidence will become permanent records in the Agency's files. The reason for disallowing any portion of a claim will be stated in writing to the claimant. 8.0 ASSISTANCE TO BUSINESSES AND OTHERS 8.1 Individuals All services to be offered displaced families will be equally available to individuals occupying separate housekeeping or nonhousekeeping accommodations. 8.2 Others The Agency will cooperate fully with an owner of any property in the project area which is not proposed to be acquired by the Agency but which must be vacated in order for the owner to participate in the redevelopment program. If he and/or his tenants are so vacated, then the Agency's relocation advisory services will be offered to them. 8.3 Businesses and Institutions Representatives of businesses and institutions located within a project area will be personally interviewed to determine their relocation needs and preferences, provided general and special informational material, assisted in preparing relocation claims, helped in finding other suitable locations within or outside the projected area, and referred to other groups or agencies for assistance in completing a satisfactory , relocation. As the situation requires, the relocation staff will refer these displacees to, and maintain liaison between, the Small Business Administration, the Economic Development Agency, trade associations, Chambers of Commerce, lending institutions, real estate agencies, brokers, and multiple listing realty boards in order that they may be assisted on a nondiscriminatory basis in obtaining suitable relocation premises, financial help, and guidance in reestablishing their operations. The office of the Small Business Administration and economic development agencies will be made aware of the project and, hopefully will work closely with the Agency and displacees in extending their assistance. Information about these agencies will be available from the relocation staff, and referrals to them and to others who can assist commercial displacees will be made with the same consistency and comprehensiveness as referrals of residents to social service agencies. -18- 9.0 NOTICES TO VACATE 9.1 General Policy No person or business lawfully occupying real property.acquired by the Agency shall be required to move from a dwelling or to,-move his business or farm without at least ninety days' notice in writing, except in unusual emergency situations or where the public health and safety require immediate possession. No person shall be required to vacate a dwelling unless comparable decent, safe, and sanitary replacement housing is available, except in public health and safety emergencies. 9.2 Ninety-Day Notice A ninety-day notice to vacate may not be issued before the Agency has control of the property to be vacated. Such control may be any of the following: Where property is acquired through negotiation, control by the Agency will accrue to the date of recordation of the deed; -- Where property is to be acquired through eminent domain proceedings and possession is granted by an Order of Immediate Possession, control is taken to mean the date on which such Order is granted, provided that the effective date of the Notice coincides with or falls later than.the effective date of the Order; or -- Where property is to be acquired through eminent domain proceedings but no Order of Immediate Possession is taken, control accrues to the date of recordation of the Final Order of Condemnation. Any ninety-day notice to vacate shall contain a firm specific date by which the relocatee must vacate the property and shall include a statement that the relocatee will not be required to move from a dwelling, or to move his business or farm before ninety days from the date of the Notice. Such notice shall inform the relocatee that he also will be given a thirty-day written notice .specifying the date by which the property. must be vacated. 9.3 Thirty-Day Notice At least thirty days prior to the effective date of any ninety-day notice to vacate, the Agency will issue to each occupant-a thirty-day notice which reconfirms the specific date established for vacation of the property. 9.4 Extensions of Notices On or before the effective date of a vacate notice, but subsequent to issuance of a thirty-day notice, a written extension. of time may be granted should conditions or lack of available replacement housing or commercial sites warrant. Such extensions may not bey granted for . more than thirty days at one time; additional thirty-day extensions may be granted as necessary to the . successful relocation of " the site occupant. -19- 9.5 Execution of Notices All notices to vacate and extensions .thereof shall be signed by the Agency Executive Officer or his designee. 10.0 APPEALS PROCEDURE AND ADMINISTRATIVE REVIEW 10.1 Purpose The purpose of this section is to set forth rules for processing appeals from Agency determinations as to eligibility pursuant to a relocation claim, the amount of payment, and for processing appeals from persons aggrieved by the Agency's failure to refer them to comparable permanent or adequate temporary replacement housing. 10.2 Right of Review -- Any complainant, that is any person who believes himself aggrieved by a determination as to eligibility, the amount of payment, the failure of the Agency to provide comparable replacement housing or adequate temporary replacement housing, . or the Agency's property management practices, may, at his election, have his claim reviewed and reconsidered in accordance with the procedures set forth in this section. -- A person or organization directly affected by the relocation plan may petition the Agency to review the final relocation plan as provided for in the Guidelines. 10.3 Notification to Complainant If the Director of Businesses and Industrial Enterprise (Director) denies or refuses to consider a claim, the complainant shall be notified within 15 days of such determination and shall be informed of the reasons for . such denial or refusal, and the applicable procedures for obtaining review of the decision. If necessary, such notification shall be in a language most easily understood by the complainant. 10.4 Stages of Review by the Agency -- Request for Further Written Information: A complainant may request the Director to provide him with. a full, written explanation of the Agency's determination and the basis therefor, if he feels that the explanation accompanying the payment of the claim or notice inadequate. The Director shall provide such an . explanation to the complainant within 15 days after receipt of his request. -- Informal Oral Presentation. A complainant may request an informal oral presentation before seeking formal review and reconsideration. A request for an informal oral presentation shall be filed within the period described in subsection (4) of this section, and within 15 days of the request, the Director 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 -20- enable the complainant to discuss the claim with the Executive Officer of the Agency or a designee (other than the person who made the initial determination) having authority to revise the initial determination on 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. -- Written Request for Review and Reconsideration. At any time within the period described in subsection (4) 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. -- 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 Agency within eighteen months following the date the move from the property is completed or the date final compensation for the property is received, whichever is later. 10.5 Formal Review and Reconsideration by the Relocation Appeals Board -- The Relocation Appeals Board shall consider the request for review and shall submit its findings to the Agency for consideration whether a modification of the initial determination is necessary. The Relocation Appeals Board shall consider every aggrieved claimant's request and inform him that he has the right to be. represented by an attorney, to present his case by oral or documentary 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. -- Scope of Review: The Relocation Appeals Board shall review and reconsider the initial determination of the complainant's case in light of: All material upon which the Agency based its initial 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. The reasons given by the claimant for requesting review and reconsideration of the claim. - Any additional written or relevant documentary materials submitted by the claimant. Any further information which the Relocation Appeals Board in its discretion, obtains by request, investigation, or research, to ensure fair and full review of the claim. -21- -- Evidence: The hearing shall be formal, but need not be conducted f' according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely ,in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions: Hearsay evidence may be admitted for any purpose but shall not be sufficient in itself to suppot a finding unless it would be admissible over objection in civil actions. The rules of privilege and of official or judicial notice shall be effective to the same extent as in civil actions. Irrelevant and the repetitious evidence shall be excluded. Oral evidence shall be taken only under oath or affirmation. -- Burden of Proof: The burden of proof shall be on the claimant in all cases. -- Counsel: At all hearings held before the Relocation Appeals Board, complainants may be advised by an attorney at law, licensed to practice in the State of California. A separate counsel so licensed may also advise the Relocation Appeals Board, on matters of law. The Relocation Appeals Board shall exercise all powers relating.to the conduct of the hearing. In no case shall the Relocation Appeals Board's counsel participate in the decision of the ultimate issue. -- Time Limits: - The matter shall be. set by the Relocation Appeals Board, and the claimant shall be given at least five business days' notice in writing of the date and place of such hearing either by registered or certified mail, postage prepaid. - The determination of review shall be issued as soon as possible, but in any event, no later than six weeks from receipt of the last material submitted by the claimant for consideration, or the date the hearing is terminated, whichever is later. In the case of the claimant's dismissal for untimeliness or for any other reason based on the merits of the claim, a written statement shall be furnished to the claimant stating the reason for the dismissal of the claim as soon as possible, but not later than two weeks frorn. receipt of the last material submitted by the claimant or the date the hearing is terminated, whichever is later. -22- - 10.6 Refusals to Waive Time Limitations Whenever a complainant requests a waiver of time limits provided, the complainant may file a written request for a review of this decision in accordance with the procedures set forth in Sections 10.4 and 10.5, except that such written request for review shell be filed within 90 days of the claimant's receipt of the Agency's determination. 10.7 Extension of Time Limits The time limits specified in section 10.4 may .be extended for good cause by the Director. 10.8 Recommendations by Third Party Upon agreement between the claimant and the Board, a mutually acceptable third party or parties may review the claim and make advisory recommendations thereof to the Agency for their final determination. In reviewing the claim and making recommendations, the third party or parties shall be guided by the provisions of this Grievance Procedure. 10.9 Review of Files by Claimant Except to the extent the confidentiality of materials is protected by law or its disclosure is prohibited by law, the claimant shall be permitted to inspect all files and records 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. 10.10 Effect of Determination on Other Persons The principles established in all determinations by the Agency shall be considered as precedent for all eligible persons in subsequent similar situations regardless of whether or not such person filed or has filed a written request for review. All written determinations shall be kept on file and available for public review. .10.11 Right to Counsel Any aggrieved party has a right to representation by legal or other counsel at his expense at any and all states of the proceedings set forth in these sections. 10.12 Joint Complainants Where more than one person is aggrieved by the failure of the. Agency 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 Agency for each of the complainants. -23- 10.13 Judicial Review The determination made by the Agency shall be considered final for purposes of exhaustion of administrative remedies. Nothing in this Article shall in any way preclude or limit a claimant from seeking judicial review of a claim under exhaustion, of such administrative remedies as are available. 11.0 ADDITIONAL RELOCATION REQUIREMENTS State law and regulations do not prescribe relocation assistance and benefit requirements that exceed those provided for herein; however, the Agency shall follow and comply with all such requirements prescribed. -24- APPENDIX A HUNTINGTON BEACH REDEVELOPMENT AGENCY INFORMATIONAL STATEMENT FOR HOMEOWNERS AND TENANTS HUNTINGTON BEACH COMMUNITY REDEVELOPMENT AGENCY INFORMATION STATEMENT FOR HOMEOWNERS AND TENANTS Table of Contents Section Page 1.0 INTRODUCTION 1 1.1 General Relocation Information 1 1.2 Notice to Move 1 1.3 Additional Information and Assistance Available 1 2.0 STANDARD HOUSING REQUIREMENTS Decent, Safe and Sanitary Standards 1 3.0 MOVING TO REPLACEMENT HOUSING 2 3.1 Assistance in Locating Replacement Housing 2 3.2 Racial Discrimination is Illegal 3 4.0 RELOCATION PAYMENTS 3 4.1 Moving Payments for Families and Individuals 3 4.2 Replacement Housing Payments 4 4.2.1 Owner-Occupants of 180 Days or More Who Wish to Purchase 4 4.2.2 Owner-Occupant of 180 Days or More Who Wish to Rent 4 4.2.3 Tenants for at Least 90 Days and Owner- Occupants of at Least 90 Days, but Less than 180 Days 5 4.3 Filing of Relocation Claims 5 4.4 Relocation Payments Not Income 5 5.0 MOBILE HOMES 6 6.0 GENERAL RELOCATION INFORMATION 6 6.1 Interim Rental Policy 6 6.2 Eviction Policy 6 6.3 Appeal Procedures 6 7.0 PROCEDURES FOR REAL ESTATE AGENTS 7 1.0 INTRODUCTION 1.1 General Relocation Information This information statement is made available to all residents who may be required to move from their homes or apartments as a result of acquisition by the Huntington Beach Redevelopment Agency. The purpose of this statement is to advise such residents, both owners and tenants, that a relocation assistance program is available to help you. It is designed to explain briefly the relocation advisory program, relocation assistance payments for which you may be eligible and how to obtain them. This is a general information booklet only and is not intended to give a detailed description of either the laws or regulations pertaining to the Huntington Beach Relocation Assistance Program. 1.2 Notice to Move You will receive a written notice to vacate at least ninety (90) days prior to the date you will be required to move. You will not be required to move until reasonable offers of comparable replacement housing have been made unless eviction is necessary as described in Section 6.2. If you plan to move before the Agency obtains possession of the property, you should contact your relocation agent in order to establish your eligibility for relocation benefits to which you might be entitled. We wish to caution you that failure to contact your agent in advance of your move can result in loss of benefits. The date the Redevelopment Agency made the first written offer to purchase the property which you occupy is used to establish your eligibility for relocation benefits; provided that the Agency does eventually purchase the property. No payments will be made until the Redevelopment Agency has actually completed the purchase or obtained possession of the property. 1.3 Additional Information and Assistance Available The relocation staff is available to explain all matters pertaining to your relocation in detail. Do not hesitate to ask questions. The office is open weekdays from 8:00 a.m. to 5:00 p.m. You may call 536-5542 at City Hall for an appointment if these hours are inconvenient for you. 2.0 COMPARABLE REPLACEMENT HOUSING REQUIREMENTS - DECENT, SAFE AND SANITARY STANDARDS We are required by law to refer you only to comparable replacement housing which is "decent, safe and sanitary," which is within your ability to pay and which is functionally equivalent and substantially the same as the acquired dwelling. -1+ All referrals must be located in an area at least as desirable as your present location with respect to public utilities, schools, municipal services, and reasonably accessible to your place of employment. The Agency is not required to duplicate environmental characteristics, such as scenic vistas or proximity to the ocean or other natural phenomena. All replacement housing must meet the minimum standards to be considered standard and be 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 accommodate the displaced person. Except for moving payments, all replacement housing benefits are based on the displacees having moved to decent, safe and sanitary replacement housing. A decent, safe and sanitary dwelling is one which is 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 is either: 2.1 A housekeeping unit which includes a kitchen with a fully usable sink, a stove or connection for a stove, a separate and complete 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; 2.2 A non-housekeeping unit which is in conformance with state and local code standards for boarding houses, hotels and other dwellings for congregate living; or 2.3 Meets the standards of habitable floor space by providing'150 square feet for the first occupant; and at least 70 square feet for each additional occupant. Habitable floor space means the area used for sleeping, living, cooking and dining, it does not include closets, pantries, bathrooms, service or utility, rooms, hallways, foyers, unfinished attics, storage spaces, cellars and similar spaces. 3.0 MOVING TO REPLACEMENT HOUSING 3.1 Assistance in Locating Replacement Housing Your relocation agent will try to help you find another place to live which meets your needs, is within your ability to pay and meets the criteria for "comparable replacement housing." We urge you to actively seek such housing yourself., You may wish to get help from a real estate broker in buying a home. Mobile homes may be considered as a relocation resource. If you are interested in and qualify for public housing or other federally assisted rental or sales housing programs, your relocation agent will help you file forms and applications for housing in which you have priority as a displacee. When you find a suitable dwelling unit, give your relocation agent the proposed new address. It will be inspected, and you will be adivsed as to whether it meets the requirements for replacement housing. If not, efforts will continue to be made to help you find suitable replacement housing. But remember: no replacement housing payment-can be made unless the agency has inspected and approved the replacement housing. -2 The decent, safe and sanitary inspection of your replacement dwelling by your relocation agent is for the sole. purpose of determining your eligibility for a relocation payment. It does not constitute assurance or guarantee that it is free of defects. It will be your responsibility to check the property for structural, mechanical, legal or other problems since the Redevelopment Agency will assume no responsibility,for these assurances. 3.2 Racial Discrimination is Illegal The 196E Fair Housing Law makes discrimination based on.race, color, marital status, religion or national origin illegal in connection with the sale or rental of most housing and any vacant land offered for residential construction. All housing referred to you by the relocation agent will be available to all regardless of race, color, marital status, religion or national origin. If you feel you have been discriminated against by owners, please advise this office, and we will assist you in filing a complaint at your local fair.housing office. 4.0 RELOCATION PAYMENTS Because you are being displaced as a result of Agency activities, certain relocation payments may be available to you. Payments may include (1) moving payments and (2) replacement housing payments. 4.1 Moving Payments for Families and Individuals Most persons being displaced by the Agency may receive a payment to assist in carrying out their move. Two types of payments are available for your choice: (1) payment for the actual, reasonable moving expenses: or (2) a fixed moving payment. 4.1.1 Actual, Reasonable Moving Expense Payment If you wish to have a licensed mover move your belongings and have the Agency pay the bill, you may claim the actual cost of moving your personal property up to 50 miles from where you now live: these expenses may also include storage for up to twelve (12) months. There is no dollar limit, but the payment is based on the lower of two bids. 4.1.2 Fixed Moving Payment If you choose to arrange for the move yourself, you may claim the fixed moving payment. The amount of the payment will depend on the number of rooms of furniture or other personal property to be moved and whether or not you own the furnishings. If you live in an unfurnished dwelling, you may be eligible for a fixed payment of $75 to $300, depending on the number of rooms of furniture to be moved. The following schedule applies: 1 room $ 75 4 rooms $200 2 rooms $100 5 rooms $250 3 rooms $150 6 or more rooms $300 -3- If you live in a furnished dwelling, you may be eligible for a fixed payment of $25 for the first room and $15 for each additional room you occupy. In addition, a dislocation allowance of $200 is paid to those choosing the fixed moving payment, however,,.the $200. dislocation allowance is not provided if you choose the actual moving expenses. 4.2 Replacement Housing Payments 4.2.1 Owner-Occupants of 180 Days or More Who Wish.to Rent If you owned and occupied the dwelling for at least 180 days prior to .the first written offer to acquire by the Agency, you may be eligible to receive a payment of up to $15,000 to assist you in purchasing a comparable replacement` dwelling. The total of the below three elements may not exceed $15,000. To qualify for the payment, you must purchase and occupy a standard replacement dwelling within one year of the time you received the final acquisition payment, whichever is later. This payment may cover the following expenses: -- Differential Payment An amount equal to the difference between the price paid by the Agency for the unit you now own and the actual price you must pay for a replacement unit or a comparable unit, whichever is less. Your relocation agent will explain this payment to you in full detail. - Interest Payment If you had an existing loan (for at least 180 days prior to the first written offer by the Redevelopment Agency) and need to obtain a new loan on your replacement dwelling, you may receive an amount that will compensate you for an increase in interest costs. Your relocation agent will explain this payment to you in full detail. -- Incidental Expenses An amount may be paid to compensate you for eligible one-time-only costs incidental to purchasing a replacement dwelling, such as escrow fees, recording fees, credit report fees, etc. 4.2.2 Owner-Occupants of 180 Days or More Who Wish to Rent If you owned or occupied the dwelling for at least 180 days prior to the first written offer to acquire by the Agency and do not wish to purchase, you may be eligible for .a rental assistance payment of up to $4,000 paid in a lump sum, or other interval if you so choose, to assist you in renting a -4- replacement dwelling. The payment will be based on the difference between the base monthly rental for the dwelling you now own and the actual rent you must pay for a replacement dwelling or a comparable dwelling whichever is less. 4.2.3 Tenants For at Least 90 Days and Owner-Occupants of at Least 90 Days but Less than 180 Days If you rented and/or owned and occupied a dwelling at least 90 days prior to the first written offer to acquire by the Redevelopment Agency, you may be eligible to receive up to $4,000. If you wish to rent, you may choose the rental assistance payment. If you wish to purchase, you may choose the down payment assistance payment. -- Rental Assistance If you wish to rent a replacement dwelling,the payment will be based on the difference between the base monthly rental for the unit you now occupy and the actual rent you must pay for a replacement dwelling or a comparable dwelling, whichever is less. You may be eligible to receive a payment of up to $4,000 paid in a lump sum, or other interval you so choose, to assist you in renting a replacement dwelling. -- Down Payment Assistance If you elect to purchase a replacement dwelling, you may be eligible to receive up to $4,000. The Agency will pay the amount of the required down payment and eligible incidental costs up to $2,000. . If the amount of required down payment exceeds $2,000, the Agency will pay one-half of the amount in excess of $2,000 if you will match that amount dollar for dollar. The Agency's contribution, as well as any matching monies, must be applied to the purchase price. In no event may the combined payment paid by the Agency exceed $4,000. The purchase must be made within one year from the date of move from the acquired dwelling. 4.3 Filing of Relocation Claims All claims for relocation payments must be filed within 18 months from the date you move from the property or, if you are a homeowner, the date you receive final compensation for the property, whichever is later. The relocation agent will furnish the necessary claim forms and assistance in filing for your payment. 4.4 Relocation Payments Not Income No relocation payment shall be considered as income for purposes of personal income tax; nor shall relocation payments be considered as income or resources to any recipients of public assistance and such -5 payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled. If you encounter any difficulties in this regard, contact your relocation agent. 5.0 MOBILE HOMES If you are being displaced from a mobile home or plan to use a mobile home as a replacement dwelling, your agent will provide you with -a separate attachment describing payments for which you may be eligible and discuss them with you in detail. 6.0 GENERAL RELOCATION INFORMATION 6.1 Interim Rental Policy If the Agency acquired the property in which you are living before it is necessary for you to move, you may be able to remain on a temporary basis. Your agent will discuss this matter with you. It is the Agency's policy that rents on Agency-owned property be fair and equitable. The rent you will be required to pay and the terms of the rental agreement with the Agency will be discussed with you by your relocation agent when it is appropriate to do so. 6.2 Eviction Policy The Redevelopment Agency will undertake eviction proceedings only Linder the following circumstances: - Failure to pay rent; or -- Maintenance of a nuisance or use of premises for illegal purposes; or -- A material breach of the rental agreement; or } Refusal to consider, without adequate reason, one of a reasonable number of offers of replacement dwellings; or -- Situations requiring eviction under state or local law. 6.3 Appeal Procedures Appeal procedures are available to you if (1) you have received a decision you feel is unsatisfactory to you in regard to your eligibility for a relocation payment, or the amount of the payment; or (2) in your opinion, the Agency failed to refer you to comparable permanent or adequate temporary replacement housing; or (3) you feel aggrieved by the property management practices. You may file an appeal with your relocation agent within 18 months following the date you move from the property or, if you are a - homeowner, the date you receive final. compensation for the property, whichever is later. The appeals procedures available to you are as follows: -- You may request a full written explanation of the determination by the Agency. -- You may make an oral presentation to the Executive Officer or his designee. - If you wish further review, you may file a written request for review. It is not necessary to make an oral presentation in order to file a written request. A hearing will be scheduled before the Relocation Appeals Board. -- Detailed procedures for review of appeals are contained in the Method and Plan for the Relocation of Families, Persons and Businesses to be displaced from within the Project Area. 7.0 PROCEDURES FOR REAL ESTATE AGENTS -- Contact the relocation agent so he can inform you, the broker, of the displacee's entitlement regarding Replacement Housing Payments (RHP), Rental Assistance Payments (RAP), .or Downpayment Assistance (DPA), and the displacee's needs for a replacement dwelling. -- Once a replacement dwelling has been found, and before committing the displacee to buy or rent, the broker should again contact the relocation agent to make arrangements for inspection of the dwelling to ,make sure it meets city and state codes for standard housing. In the case of a purchase (RHP or DPA), once the offer has been made, the agent should provide the relocation specialist with copies of the offer, escrow instructions, and an estimate of closing. cost. (One copy of each is sufficient.) - If a deposit .is required to open escrow, the broker should obtain from the displacee a written request for an advance of. the RHP. This request should then be given to the relocation agent. -- The relocation agent will make the necessary arrangements to have a check prepared for deposit directly to an escrow account. The preparation and processing of the claim form and check takes ten (10) working days. - The broker should inform the escrow company to send the escrow statement to the relocation specialist at least two (2) .weeks prior to the desired closing date. -7- APPENDIX B HUNTINGTON BEACH REDEVELOPMENT AGENCY INFORMATIONAL STATEMENT FOR BUSINESS HUNTINGTON BEACH COMMUNITY REDEVELOPMENT AGENCY INFORMATION STATEMENT FOR HOMEOWNERS AND TENANTS Table of Contents Section Page 1.0 INTRODUCTION 1 1.1 Relocation Informational Brochure 1 1.2 Notice to Move 1 1.3 Moving to Replacement Business Location 1 1.4 Additional Information and Assistance Available 1 1.5 Eligibility Qualifications 2 2.0 DEFINITIONS 2 3.0 RELOCATION PAYMENTS 2 3.1 Actual, Reasonable Moving Expense Payment 2 3.1.1 Eligible Moving Expenses 2 3.1..2 Searching for a Replacement Business 3 3.1.3 Actual, Direct Loss of Tangible, Personal Property 3 3.1.4 Moving Distance Limitations 3 3.1.5 Documentation Process Before Moving 4 3.1.6 Self-Moves 4 3.1.7 Filing Relocation Claims 4 3.1.8 Relocation Payments Not Income 4 3.2 Alternate Payment 4 3.2.1 Eligibility Qualifications 4 3.2.2 Nonprofit Organizations 5 3.2.3 Average Annual Earnings 5 3.2.4 Filing Relocation Claims 5 3.2.5 Relocation Payments Not Income 5 4.0 OUTDOOR ADVERTISING BUSINESS 5 5.0 INTERIM RENTAL POLICY 6 6.0 EVICTION POLICY 6 7.0 APPEAL PROCEDURES 6 1.0 INTRODUCTION 1.1 Relocation Informational Brochure This informational brochure is made available to all businesses and nonprofit organizations which may be required to move as a. result of acquisition by the Huntington Beach Redevelopment Agency. Also enclosed is a description of the project and identification of areas which may involve displacement. This information is provided pursuant to California Administrative Code, Title 25, Chapter 6, Section 6046. The purpose of this statement is to advise such displaced businesses and nonprofit organizations that a relocation assistance program is available. It is designed to explain briefly the eligibility criteria, the relocation advisory program, relocation assistance payments and how such benefits may be obtained. This is a general information booklet only and is not intended to .give a detailed description of either the laws or regulations pertaining to the Agency's relocation assistance program. 1.2 Notice to Move You will recieve a notice at least ninety (90) days prior to the date you will be required to move, and you will not be required to surrender possession until at least ninety (90) days after you receive such notice.. If you plan to move before the Agency obtains possession of the property, you should contact your relocation agent in order to determine your eligibility for relocation payments to which you may be entitled. Failure to contact your agent in advance of your move can result in loss of benefits. 1.3 Moving to Replacement Business Location Your relocation agent will try to help you find a replacement business location, including referral to and consultation with the Small Business Adminstration, and other governmental and private agencies which may be of assistance. You are urged to actively seek relocation „ accommodations yourself. However, under the law, it is not necessary that a replacement business location be found, either by yourself or by the Agency, before displacement may be required. 1.4 Additional Information and Assistance Available The relocation staff is available to explain all matters pertaining to your relocation in.detail. Do not hesitate to ask questions and contact the Relocation Agent. The telephone number is 536-5542 at City Hall. The office is open weekdays from 8:00 a.m. to 5:00 p.m. You may call for an appointment if these hours are inconvenient for you. -1- 1.5 Eligibility Qualifications To qualify for relocation payments the business or• nonprofit organization must be in operation and occupancy at the time of acquisition of or initiation of negotiations for the property by the Agency; and it must move from the property or move personal.property from the property. No payments can be made until the Redevelopment Agency has actually completed the purchase or obtained possession of the property. 2.0 DEFINITIONS 2.1 "Business" A business is any lawful activity conducted primarily for the purchase, sale, lease or rental of personal and real property and for the manufacture, processing or marketing of products, commodities or any other personal property; or for the sale of services to the public; or by a non-profit organization. 2.2 "Outdoor Advertising Display" An outdoor advertising display is a lawful business activity conducted 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 an outdoor advertising sign. These businesses are eligible for actual, reasonable moving expenses only, and may not receive an in-lieu of moving payment. 3.0 RELOCATION PAYMENTS Because you are being displaced as a result of Agency activities and ,meet the eligi.bility criteria, you may 'receive either of two types of moving payments: (1) an actual, reasonable moving expense payment; or (2) an alternate payment. 3.1 Actual, Reasonable Moving Expenses This payment, which is described in detail in the State of California Relocation Rules and Regulations, consists of: (1) eligible moving expenses; (2) expenses incurred in searching for a replacement site; and (3) actual, direct loss of tangible, personal property. 3.1.1 Eligible Moving Expenses The moving and related expenses for which claims may be filed shall include (1) packing, crating, unpacking and uncrating personal property; (2) such storage of personal property, for a period generally not to exceed 12 months, as determined by the Agency to be necessary in connection with relocating; (3) insurance of personal property while in storage or transit; (4) the reasonable replacement value of property lost, stolen or damaged (not through the fault or -2- 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; (5) the cost of disconnecting, dismantling, removing, reassembling, reconnecting and reinstalling machinery, equipment or other personal property (including goods and inventory. kept for sale) not acquired by the Agency including connection charges imposed by public utilities for starting . utility service; (b) reprinting and/or relettering of stationery and letterheads and other printed material made obsolete because of the move in a quantity not to exceed the stock on hand on the date of the acquisition; (7) 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; and (8) changes in structure or improvement in connection with reinstallation of equipment or machinery, as limited in the Rules and Regulations. Do not initiate any physical changes without receiving prior authorization from the Relocation Agent. 3..1.2 Searching for a Replacement Business As part of the actual, reasonable moving expenses, an eligible displacee may be reimbursed up to $500 in. searching for a replacement business location. Such expenses may include transportation, meals and lodging away from home and the reasonable value of time spent in searching, including the fees of real estate agents and brokers if necessary. All expenses claimed must.be supported by bills and accompanied by a certified statement of the time spent in search and the hourly wage rate of the person conducting the search. The hourly wage rate claimed may not exceed . $10 per hour. 3.1.3 Actual, Direct Loss of Tangible Personal Property An eligible displacee may receive a payment for actual, direct losses of tangible personal, property as a result of moving or. discontinuing a business operation. You may be required to make a bona fide effort to sell the property. However, these payments shall be based on the property for continued use at ,its location before your move, or the estimated cost of moving. It is important that you contact. your relocation agent for more details of this benefit before taking any action. 3.1.4 Moving Distance Limitations Payments for moving are limited to 50 miles from the site from which you are being displaced, unless additional mileage is justified and approved by the Agency. -3- 3.1.5 Documentation Process Before Moving Business and nonprofit organizations to be displaced are required to submit to the Agency, at least 30 days but not earlier than 90 days prior to the date of the move, a written notice of its intention to begin the move and/or.to dispose of personal property and the date the intended move will begin. The relocation agent will provide you with the necessary form, "Notice of Intent to Vacate," with which to comply. Displacees must secure at least two moving cost estimates or bids from licensed movers, mail or deliver the estimates or bids to the relocation agent, and receive a letter authorizing the move based on the lowest estimate. 3.1.6 Self-Moves A business may move itself if the Agency determines it is in the best interest of all parties to do so. Such a move must be authorized in writing by the Agency before the move. The amount agreed upon shall not exceed the lower of, at least two firm bids or estimates obtained by you or the Agency from qualified moving firms or.estimators. 3.1.7 Filing of Relocation Claims You may file your claim as soon as you have moved. All claims for relocation payments must be fi.led within 18 months from the date you move or, in the case of a property and business owner, the date of receipt of final, compensation for the property, whichever is later. Your relocation agent will furnish the necessary claim forms and assistance in filing for your payment. If you have made prior arrangements with your relocation agent for the Agency to pay the mover directly, attach the unpaid bills from the moving company to the claim forms. 3.1.8 Relocation Payments Not Income No relocation payment shall be considered as income for purposes of personal income tax. If you encounter any difficulties in this regard, contact your relocation agent. 3.2 Alternate Payment The alternate payment is a payment made instead of an actual, reasonable moving expense payment in an amount equal to the average annual net earnings of the business, except that such payment may not be less than $2,500, nor more than $10,000. 3.2.1 Eligibility Qualifications An eligible business concern may qualify for this payment if the Agency determines that (1) the business cannot be relocated without a substantial loss of existing patronage; (2) the business is not a part of a commercial enterprise -4_ having another establishment which is not being acquired for the project and which is engaged in the same or similar business; or (3) the business contributes materially to the income of the displaced owner. 3.2.2 Alternate Payment for Nonprofit Organizations A nonprofit organization may qualify for the alternate payment if the Agency determines (1) the nonprofit organization cannot be relocated without a substantial loss of its existing patronage; 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 business. The maximum amount of the alternate payment for a nonprofit organization is $2,500.00. 3.2.3 Average Annual Earnings When the business concern or nonprofit organization is established as eligible . for the alternate payment, the payment is based on average annual net earnings of the business. Average annual net earnings are one-half of any net earnings of the business operation before federal and state income taxes, during the two taxable years immediately preceding the taxable year in which the business operation moves from the real property acquired by the project. These earnings will be established by voluntary release of your federal and state income tax returns. 3.2.4 Filing of Relocation Claims You may file your claim as soon as you have moved. All claims for relocation payments must be filed within 18 months from the date you move or, in the case of a property and business owner, the date of receipt of final compensation for the property, whichever is later. The relocation agent will furnish the necessary claim forms and assistance in filing for your payment. 3.2.5 Relocation Payments Not Income No relocation payment shall be considered as income for purposes of personal income tax. If you encounter any difficulties in this regard, contact your relocation agent. 4.0 OUTDOOR ADVERTISING BUSINESSES Although outdoor advertising signs are usually purchased in the, acquisition, an eligible displacee whose outdoor advertising sign has not been purchased and whose business fits the definition in Section 2.0 may receive a payment for the reasonable cost of moving the displays or their in-place value, whichever is Less. _,5 w 5.0 INTERIM RENTAL POLICY ` If the Agency acquires the property on which you conduct your business operation before it is necessary for you to move, you may be.able to remain on a temporary basis. The rental amount you will be required to pay and the terms of the rental agreement with the Agency will be discussed with you by your relocation agent when it is appropriate to do so. 6.0 EVICTION POLICY The Agency will undertake eviction proceedings only for (1) failure to pay rent; or (2) maintenance of a nuisance or use of premises for illegal purpoes; or (3) a material breach of the rental agreement; or (4) situations requiring eviction under state or local law. 7.0 APPEAL PROCEDURES Appeal procedures are available to you if the agency has reached a decision you feel is unsatisfactory to you in regard to your eligibility for a relocation payment, the amount of the payment, or you feel aggrieved by the property management practices. You may file an appeal with your relocaton agent within 18 months following the date you move or, if you are the property and business owner, the date. you received final compensation for the acquisition of the property, whichever is later. The appeal procedures available to you are as follows: -- You may request a full written explanation of the determination by the Agency. - You may make an oral presentation to the Executive Officer or his designee. -- If you wish further review, you may file a written request for a review. It is not necessary to make an oral presentation in order to file a written request. A hearing will be scheduled before the Relocation Appeals Board. Detailed procedures for review of appeals are contained in the Method and Plan for the Relocation of Families, Persons and Businesses to be Displaced from within the Project Area. The Agency desires to assist you in every way possible to minimize any hardships involved in your relocation to a replacement business location. Your cooperation is requested in accepting our assistance so that your move will be.accomplished as conveniently to you as possible. -6- Res. No. 36 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I, ALICIA M. WENTWORTH, Secretary of the Redevelopment Agency` of ,the City of ,Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 16th day of August 19_a2_, and that it was so adopted by the following vote: AYES: Members: MacAllister, Mandic, Finley, Bailey NOES: Members: Thomas ABSENT Members: Pattinson, Kelly w , Secretary of Be Redevelopment Agency of the City of Huntington Beach, Ca.