HomeMy WebLinkAboutRedevelopment Agency - 150 RESOLUTION NO. 150
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF HUNTINGTON BEACH APPROVING
AND ADOPTING THE RULES AND REGULATIONS FOR
RELOCATION ASSISTANCE, GRIEVANCE PROCEDURES
AND REAL PROPERTY ACQUISITION POLICIES FOR
REDEVELOPMENT PROJECTS
WHEREAS, the Relocation Guidelines provide information on the
organization of the Redevelopment Agency, specify the nature of
relocation advisory assistance, provide for the establishment of a
grievance procedure and specify the nature and amount of relocation
payments which may be made to displaced households and businesses;
and
WHEREAS, the attached Redevelopment Guidelines for the City of
Huntington Beach are based upon current state guidelines which were
adopted by the State of California and last amended in 1976; and
WHEREAS, the Project Area Committee has reviewed and endorsed
the Guidelines and requests Redevelopment Agency consideration.
NOW, THEREFORE, BE IT RESOLVED, that the Redevelopment Agency of
the City of Huntington Beach approves and adopts the Rules and
Regulations for Relocation Assistance, Grievance Procedures, and
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Real Property Acquisition Policies for Redevelopment Agency Projects
attached hereto and incorporated herein by this reference as Exhibit
"An
PASSED, AND ADOPTED By the Redevelopment Agency of the City of
Huntington Beach this second day of May, 1988.
C firma y.�.....
$T• Q�!/r AP ED AS TO FORM:
Clerk A enttorney 4_LZ_��
R AN P ED: IN IA D AND A P
City Administrator Dep4tk City Administrator and
Dir4dtor of Community Development
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t
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
RULES AND REGULATIONS FOR RELOCATION ASSISTANCE,
GRIEVANCE PROCEDURES AND REAL PROPERTY ACQUISITION
POLICIES FOR REDEVELOPMENT AGENCY PROJECTS
1.0 STATEMENT OF POLICY:
California Relocation Assistance Act (Government Code Section 7260, et.seq.)
requires that a public entity shall provide relocation advisory assistance and
make specified payments to those persons and businesses displaced as the
result of acquisition of real property for public use. 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 Section 7260
et.seq. of the Government Code, are purposefully 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 - one-half of the net earnings of a
business before federal and state income taxes realized during the two
tax years of the business immediately preceding the tax year in which
the real property on which the business is located is acquired by the
Agency, or during such other period the Agency determines to be more
equitable for establishing such earnings. For businesses operated for a
period less than two tax years prior to the date of acquisition, a
different period may be adopted as may be determined to be equitable.
Net earnings shall include salaries, wages or other compensation paid by
the business to the owner thereof, the owner's spouse, or the owner's
dependents.
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
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For the sale of services to the public;
By a nonprofit organization.
2.5 City - means the City of Huntington Beach.
2.6 Com rable Re lacement Dwelling - means a residential dwelling which
satisfies each of the following standards:
— Functionally equivalent and substantially the same as the
acquired dwelling, including newly-constructed housing.
— Decent, safe, sanitary and adequate in size to meet the needs of
the displaced family or person. However, at the option of the
displaced person, a replacement dwelling has the same number of
rooms or the equivalent square footage as the dwelling from
which he was displaced.
— Available in the open market to the displaced person and open to
all persons regardless of race, color, sex, age, marital status,
religion or national origin, consistent with the requirements of
the Civil Rights Act of 1964 and Title VIII of the Civil Rights
Act of 1968.
— Located in an area not generally less desirable than the one in
which the dwelling acquired by the Agency is located with
respect to:
- Neighborhood conditions, schools and municipal services;
- Public utilities;
- Public and commercial facilities; and
- Reasonably accessible to the displaced person's present
place of employment or potential place of employment.
— Within the financial means of the displaced family or person. A
replacement dwelling is within the financial means of a displaced
person if the monthly housing cost (including payments on
mortgage, taxes and insurance) or monthly rental cost (including
utilities and other recurring expenses payable by the Tenant)
including any replacement housing payment available to the
displaced person does not exceed 25 percent of the displaced
person's or family's average monthly income.
A replacement dwelling is within the financial means of a
displaced person if the purchase price of the dwelling, including
related increased interest costs and other incidental expenses,
does not exceed the total amount of the eminent domain award
or the negotiated acquisition price paid by the Agency for the
dwelling acquired and the replacement housing payment
available to the displaced person.
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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.
2.9 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
Lstance Program; i.e., Deputy Director for Redevelopment.
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 construction 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 non-housekeeping 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 expectancy 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 Eligible Person - means any displaced person who is lawfully entitled to
any relocation payment under state or federal regulations.
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2.15 �Family - means two or more individuals who by blood, marriage,
acopTion or mutual consent live together as a family unit.
2.16 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 production such
products or commodities in sufficient quantity to be capable of
contributing materially to the operator's support.
2.17 Gross Income - means the annual income from all sources of each
member of the family residing in the household who is eighteen (18)
years of age or over, except that income of a head of household or his
spouse who is under eighteen (18) shall be included. Gross income is
based on the 12-month period immediately prior to displacement. If the
Agency determines, on a case-by-case basis, that the use of the
12-month period prior to displacement would result in a hardship to the
claimant, an alternate period, actual or projected, may be used in such
exceptional situations.
2.18 Incidental Expenses - means expenses incurred by an eligible displaced
person in connection with the purchase of a comparable replacement
dwelling which are reasonable and limited to the following:
— Lender, FHA or VA appraisal fees;
— FHA or VA application fee;
— Certification of structural soundness;
— Credit report;
— Title search expense and title insurance policy premiums;
Sales, transfer taxes and revenue stamps;
— Escrow agent's fees;
— Notary fees;
— Recording fees;
— Fees for preparing documents relating to purchase of the
replacement dwelling;
— Loan service fee not to exceed one percent (1 %) of the purchase
price and origination or discount points customarily charged.
Prepaid expenses and any fee, cost, charge or expense which is
determined to be a part of the debt service or finance charge under
Title I of the Truth and Lending Act (Public Law 90-321) and
Regulations Z issued pursuant thereto by the Board of Governors of the
Federal Reserve System shall not be deemed an incidental expense.
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2.19 Mobile Home - means a vehicle, other than a motor vehicle, designed or
used or human habitation, for carrying persons and property on its own
structure and for being drawn by a motor vehicle.
2.20 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.
2.21 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.
2.22 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.
2.23 Owner -means a 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 purchases 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.
2.24 Person - means any individual, partnership, corporation or association.
2.25 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 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
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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.
2.26 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.
2.27 Project Manager - the Project Manager (as designated by the Director)
shaU be the person with primary administrative responsibility for the
redevelopment project area from which the displacement has occurred.
2.28 Public Use - means a use for which real property may be acquired by
eminent domain.
2.29 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.
— Mobile homes 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.
2.30 Relocation Subcommittee of Agency - the Relocation Subcommittee of
the Agency shall consist of any two (2) members of the Agency and the
Executive Director of the Agency.
2.31 Relocatee - means any person who meets the definition of a displaced
person.
2.32 Relocation Appeals Board - the Relocation Appeals Board shall consist
o —the Director or one designee) from the City's departments of
Administration, Community Services, and Redevelopment. No designee
may be the same person which has previously rendered a decision on the
appealed case.
2.33 Tenant - means a person who enters and remains in possession of a
dwelling (including a sleeping room) owned by another with the express
permission of that owner or his representative.
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3.0 ADMINISTRATIVE 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 organization.
3.2 ffing
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 programs
shall, to the extent feasible, be designed to encourage relocation of
families and persons into other neighborhoods in Huntington Beach
without interfering 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.
3.3 Agency Staff Functions
The functions of the Agency's relocation staff shall in 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 securing housing
which they require.
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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.
— 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:
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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 service
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.
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
ground 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.
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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 facilities 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.
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.
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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
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.
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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 if 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.
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.
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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
relocation assistance.
— Provide current information on the availability 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.
6.2 Information 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.
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6.3 Listings, Referrals, and Assistance in Obtaining Housing
Listings
The Agency will provide information to residents on the
availability, 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.
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.
0448H -14- 150
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.
— 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.
0448H -15- 150
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.
— Cooperate 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.
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.
0448H -16- 150
7.0 RELOCATION PAYMENTS
The Agency will make relocation payments to all eligible families,
individuals, business 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 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 casts; 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 of $200. In addition, homeowners may be
entitled to receive a replacement housing payment of up to $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.
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 of not less than $2,500 nor more than
$20,360, 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.
0448H -17-
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No temporary on-site .moves made for the convenience of the Agency
will be chargeable to a site occupant's allowable relocation payment.
7.3 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
(30) days, but not more than ninety (90) 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.
Self-moves for business will be allowed.
7.4 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.
— If for actual direct loss of personal property, written evidence
thereof, which may include appraisals, certified prices, copies of
bills of sale, receipts, cancelled checks, copies of
advertisements, offers to sell, auction records, and such other
records as may be appropriate to support the claim.
— Documentation 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.
0448H -18- 150
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.
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;
0448H -19- 150
i
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 be 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.
9.5 Execution of Notices
All notices to vacate and extensions thereof shall be signed by the
Agency Executive Director 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.
0448H -20- 150
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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 Project Manager 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 Project Manager 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 of refusal inadequate. The
Project Manager 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 Project Manager
shall afford the complainant the opportunity to make such
presentation. The complainant may be represented by an
attorney or other person of his choosing. This oral presentation
shall enable the complainant to discuss the claim with the
Director or a designee (other than the person who made the
initial determination) having authority to revise the initial
determination. 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.
0448H -21- 150
Time Limit for Reg uesti 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 (as defined in Section 2.32 hereof)
shall consider the request for review and shall submit its findings
to the Agency staff with a recommendation 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.
— Evidence: The hearing shall be formal but need not be conducted
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.
0448H -22- 150
Hearsay evidence may be admitted for any purpose but shall not
be sufficient in itself to support 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 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
allcases.
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 from receipt of
the last material submitted by the claimant or the date
the hearing is terminated, whichever is later.
10.6 Appeal to Relocation Subcommittee of Agency
If any claimant is unsatisfied by the decision rendered by the
Relocation Appeals Board, the claimant may appeal this decision to the
Relocation Subcommittee of the Agency within ninety (90) days of
receipt of the Relocation Appeal Board decision. The Relocation
Subcommittee of the Agency (as defined in Section 2.30 hereof) shall
abide by all the rules of evidence, procedures, time limits and all other
provisions defined in Section 10.5 hereof.
0448H -23- 150
10.7 Appeal to Agency
If any claimant is unsatisfied with the decision rendered by the
Relocation Subcommittee of the Agency the claimant may appeal its
decision to the full membership of the Redevelopment Agency within
ninety (90) days of receipt of the decision of the Relocation
Subcommittee. The Agency shall abide by all the provisions of Section
10.5 hereof and in addition this appeal will be heard at a regular
meeting of the Agency and shall be conducted as a public hearing of the
Agency following not less than ten (10) calendar days public notice in a
newspaper of general circulation.
10.8 Requests to Waive Time Limitations
A complainant may request a waiver of time limits provided, by filing a
written request for a review of a decision in accordance with the
procedures set forth in Section 10.4 and 10.5, except that such written
request for review shall be filed within ninety (90) days of the
claimant's receipt of the Agency's determination.
10.9 Extension of Time Limits
The time limits specified in Section 10.4 may be extended for good
cause by the Director.
10.10 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 its final
determination. In reviewing the claim and making recommendations,
the third party or parties shall be guided by the provisions of this
Grievance Procedure.
10.11 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.
10.12 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.
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0448H -24-
10.13 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.
10.14 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.
10.15 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 after 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.
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0448H -25-
Res. No. 150
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF HUNTINGTON BEACH)
I, ALICIA M. WENTWORTH, Clerk 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
end day of May 19 8e , and that it was so adopted
by the following vote:
AYES: Members:
Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: Members:
None
ABSENT: Members:
None
Clerk rk o� edeve opment Agency of
the City of Huntington Beach, Ca.
150