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REQUEST FO ft. EDEVELOPMENTAENCY ACTION
RH 89-86
�rQ
Date October 2, 1989
a
Submitted to: Honorable Chairman and Redevelopment Agency Me ROPED BY CITY COUNCIL
Submitted by: Paul E. Cook, Executive Direct le �� 194
Paul E. Cook, Executive Director - -- -
Prepared by. c CLOM
REDEiFi&PMENT AGENCY RESOLUTION OF NE fTY FOR MAIN�PIER
Subject: REDEVELOPMENT PROJECT AREA(APN 024-152-11 12(WOOD/SARRABERE/
Consistent with Cot aHO Yes ( I Now Policy or Exception USIAN1911
Statement of Is um, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STAT B=OF LSSUE:
The Redevelopment Agency Is.1purchasing property in the Main-Pier Redevelopment
Project Area. . This parcel is critical to the project and requires public acquisition to
complete a needed redevelopment project in the Main-Pier Redevelopment Project Areas,
as amended. This parcel will result in the least private Injury for reasons to be
articulated at the public hearing.
REC0JgJ NDA,1O,_N:
Conduct and conclude the noticed hearing and adopt the attached.Resolution of Necessity
(Agency Resolution No.I.,s.J. Lots 1, 2, and 3, Block 152 or the Huntington Beach Tract
Assessor Parcel 024-152-11 d: 12.
ANAY vsrl�;
The Agency has beet"attempting to purchase and consolidate parcels in the Main-Pier
Redevelopment Project Area to accommodate a planned development project. After
attempts to acquire this property acquisition, this key parcel now requires condemnation.
The adoption of a Resolution of Necessity will authorize the acquisition of this parcel by
eminent domain, which will allow the development to proceed as proposed in the
Main-Pier Redevelopment Project Area.
FTINDINQ SOURCL-
Main-Pier Account No. E-TM-EU-810-6-01-00.
AM NATAM ACMN: R I
Do not adopt the Resolution of Necessity and continue negotiations with property owners.
a[7Mii�Rif�l7.li2+ 1
I) Resolution. � �
2) Map.
3) Appraisal.
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CITY OF HUNTINGTON MACH
INTER-DEPARTMENT COMMUNICATION
t1UMTINGTOu1 N+1CH
To HONORABLE CHAIRMAN From GAIL HUTTON
REDEVELOPMENT AGENCY, WES BANNISTER AGENCY COUNSEL
Subject �Date �i
CHAIRMAN'S SCRIPT September 28, 1989
RESOLUTION OF NECESSITY
OCTOBER 2, 1989, AGENDA ITEM D-7
i
i
I
+Please announce the following on October 2, 1989, before the eminent
domain matters: s
The following hearings shall:
1. Be for gwners of the real property in question only. `
i,
2. NOT consider compensation, since that subject is for
the courts to decide at a later date.
3. The noticed hearings relate solely to issues of:
a. The public interest and necessity.
b. Greatest public good and least private injury. 1
c. Necessity for the proposed project.
d. The public use for which the property is to be
taken.
NOTE: Agency findings should be limited to the necessity of the
project itself. Parcel critical to Redevelopment in Main Pier
Redevelopme►at area.
GAIL HUTTON
AGENCY COUNSEL
cc: Members of the Redevelopment Agency of the City of Huntington
Beach
Joseph C. Barron, Deputy City Attorney
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AMERICAH ItISTITUTE Or REA4 ESTATE APIPRAISERO
9919 513LEJAR DRIVE
WHIMER,CALIFORNIA 90603
till 6llti�SS
September 12, 1989
Douglas LaBelle
! Deputy City Administrator/Redevelopment
City of Huntington Beach
2000 Hain Street
Re: Real Estate Appraisal Review
APX 024-152-11 & 12/Mood i Sarrabere
Dear Mr. LaBelle:
As requested by Mr. Dan Brennan, Real Property
Manager, I have completed a valuation review for the
above referenced property which was originally
appraised on Octobei 2, 1986 and updated March 28,
1939.
A recent market search for additional land sales with
the same locationatl prominence and beach identity as
that of the subject has resulted in very few new sales
since the last search. However, as a result of a
s' review of existing data plus one new sale, it is
concluded that the subject site warrants an upward
adjustment in value from $100 psf to $125 psf
indicating a total property value of $883,000.
The most pertinent market data currently available are
considered to be the two Newport Beach sales (#6 6 #7)
used in the: March 28, 1989 Phase II report and a new
sale located at 209 Hain Street. These sales are
summarised as follows:
2.09 login Street, H.P.
Sold 4/20/89 for $429,000 or $125.88 psf for a
site area of 3,408 sf +/-. It is improved with
an old 1920 brick building currently used for
restaurant purposes. The buyer plans to demolish
the building and redevelop.
r�E � EIVE�
SEP 1 41989
DEPARTMENT OF
'CONOMIC DE1►ELOPMF1 -r
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APP'RA2SAL SUMMARY'
Appraisal Report
for the
City of Huntington Beach
Main-Pier Project Area
S'
Phase 11
Date of Report: March 28, 1989
A.P. No. : .024-152-11, & 12
Address: Northwesterly Corner Pacific Coast Hwy./
Fifth Street, Huntington Beach
Owner: Wood and Sarrabere G o o d m#%O%
Inspection Date: March 2, 1999
(Updated from 10/2/86)
TOTAL VALUATION: ? 6 500
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September 12, -.d9 Sarrabere/Wood Update
Sale No.1 (continued)
This sale is located about 1 1/2 blocks from the
subject and is rated inferior to the subject for
reasons of its lack of locational prominence and
i' lack of beach exposure and identity.
NeximrL. $each Pro ect ePort Data�lo=6Z-L
Sold 2/8/85 for $4,500,000 or $86.09 psf for a
land area of 52,272 at +/--. It is now developed
with a retail/commercial office complex.
Estimating a time adjustment of 1% per month
indicates an adjusted price of about $133 psf.
I
L hegogrt Beach (Prgieet Reoort Data ho. ,
sold 12/30/86 for $$,250,000 or $118.27 psf for
a 35,934 of +/- site. It is now developed with a
new retail center. Estimating a time adjustment
of 1% per month indicates an adjusted price of
$157 psf.
Both sales No.2 and No.3 are rated superior to
the subject for reasons of location and bay.
frontage which includes water access. �`;
INDICATED VALUE RANGE: $125.89 psf to $157 psf
SUEJECT VALUE CONCLUSION: $125 pef or
7,064 of x $125 psf = $883,000
In my files are retained a letter copy of this updated
value, worksheets and other data upon which my
conclusions are partially based. Thank you for this
opportunity to provide appraisal services.
Respectfully sub t ed,
Hark W. Linnes, HAI
,
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BEST PHOTOGRAPHIC
REPRODUCTION
t
POSSIBLE, DUETO
AGE AND CONDITION
CAP ORIGINAL t
DOCUMENTS
_
. J
CQ.
' PHO2''OrGRAPH�
i ACQUISITION APPRAISAL
CITY OF HUNTINGTON BEACH
A.P. 024-152-11 & 12
i
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Viewing northerly at subject corner in center from
Pacific Coast Highway.
11
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1
Viewing westerly at subject corner from 5th Street.
City of Huntington Beach
Redevelopment Project - Phase II
A.P. 024-152-11 & 12/Wood &
Sarrabere
VALUATION
APPROACH TO VALUE
The Market Comparison Approach to value for land only is
considered to be the only valid value indicator due to the
high land values in the area.. Comments with respect to the
Market Comparison Approach for improved property, the Cost-
Summation and Income Approaches to value are made under
each respective approach heading.
HIGHEST, BEST AND MOST PROBABLE USE
Highest,; best and most probable use is defined as that
reasonable and probable use that will support the highest
present value in, terms of cash,,,as of the date of the
appraisal. Alternately, it, is that use, from among reason-
able probable and legal alternate. uses found. to be, physi--
cally possible, appropriately supportive, financially feas-
ible, and which result in the highest property value. -
A,
Due to the relatively high land values in the local, subject
area, the appraised site is considered to have the highest
i use potential and probability for redevelopment to a more
intensive commercial use than what presently exists. Its
frontage location and beach prominence on Pacific Coast
Highway provide a strong incentive for redevelopment in the
current market.
MARKET COMPARISON APPROACH - LAND
As shown by the following Land Sales Summary, seven sales
are included as being the most supportive of the subject
land value conclusion. Sales sheets are contained in the
Market Data Section.
The sales data range in land areas from 5,375 sf to 52,272
sf and prices psf of land from $41.44 psf to $118.27 psf. j
They are as follows:
s
City of Huntington Beach
Redevelopment Project - Phase II
A.P. 024-152-11 & 12/Wood &
Sarrabere
MARKET COMPARISON APPROACH - LAND (continued)
LAND SALES SUMMARY
LOCATION DATE PRICE LAND AREA PRICEIPSF ZONE
1. NWC 5th/Olive 8/88 $270,000 5,375 sf $50.23 Mixed
H.H. Use
2. NEC 6th/Wal,nut 6/88 $550,000 11,750 sf $46.81 Mixed
H.H. Use
3. Adj. SEC 9th/ 7/87 $331,500 8,000 sf $41. 44 Com' l
PCH, H.H. Res.
4. Main/3rd/PCH 7/88 f2,000,000 42,188 sf $94.82 Com' 1
H.H.
5. PCH/4th St. 1/88 $325,000 6,766 sf $48.03 Com' 1
Sunset Beach
6. PCH/Riverside 2/85 $4,500,000 52,272 sf $86.09 Com'1
Newport Beach
I 7. PCH/Tustin Av. 12/86 $4,250,000 35,934 sf $118.27 Com' 1
Newport Beach
I RANGE: $41.44 psf to $118.27 psf
3
MID-RANGE: S79.86 psf
Sales Discussion:
Data No. 1: Located about two blocks northeast of the
subject. This was a listing for $53.02 psf. It sold in
I August, 1988, for $50.23 psf. The improvements are of
nominal value. This site is inferior to the subject with
respect to proximity to the beach area.
Data No. 2: Located about one block northerly of the 4
subject. it is a corner site. Oil production facilities C
were removed by buyer. Capping and clearing oil equipment
was estimated by the selling broker at $60,000 which t
indicates an adjusted land cost o£ $51.9 1 psf.
This site is rated inferior to the subject as it lacks the
commercial identity of the subject location and Pacific
Coast Highway location.
i
6
City of Huntington Beach
• Redevelopment Project - Phase II
A.P. 024-152-11 & 12/Wood &
Sarrabere
MARKET COMPARISON APPROACH - LAND (continued)
Data No. 3: Located about 2 1/2 blocks westerly from the
subject. It sold 7/87 for S41 44 Psf. Site includes an
operating oil well and was purchased for future expansion
of an adjacent Taco Bell franchise. An upward adjustment
for time of sale is warranted.
This sale lacks proximity and identity to the subject's
commercial/retail area.
Data NO. 4: Located about one block southwesterly from the
subject. A one-half interest sold in 7/87 escrow which
closed in 7/88. The sale included three non-contiguous
parcels containing a total area of 42,188 sf. The price
was for $2,000,000 or S 47.41 Rsf. The buyer felt that the
full interest value of $94. 1 psf was indicative of the
1 current fair market value.
This sale is considered very supportive of the subject
value.
Data Located about 5.5 miles northwesterly of the
subject in Sunset Beach. Sold in 1/88 for t48:03 psf. It j
is an inside location on PCH with double frontage. This
site lacks the subject's prominent location near commercial
development.
Data No. 6: Located about 5 miles southeasterly of the
subject in Newport Beach. Sold in 2/85 for $86:09 12grf.
This site fronts on PCH and Newport Bay. It is now
developed with a commercial building with retail and office 1
uses. The site includes onsite parking facilities. Time
of sale warrants an upward adjustment to price.
This property is rated overall superior to the subject.
Data No. 7: Located about one block southerly of Sale No.
6 in Newport Beach. It is similarly located on PCH and
Newport Bay. It is now developed commercially as part of
an existing marine yard expansion. This property sold in
12/86 for $118.27 gsf for 35,9s4 sf. Time of sale warrants
an upward adjustment to price.
' This sale is rated superior to the subject.
l� 7
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• City of Huntington Beach
Redevelopment Project - phase II
A.P. 024-152-11 & 12/Wood &
Sarrabere
, UMT COMPARISON APPROACH - LAND (continued)
FINAL CONCLUSION OF LAND VALUE
LAND VALUE CONCLUSION: 1100 psf
INDICATED SUBJECT LAND VALUE:
7,064 sf x $100 psf = g706,400
Rd. to $7064500
t!ARKET COMPARISON APPROACH - IMPROVED
Not applicable. No similarly developed sales were found. ..
COST-SUMMATION APPROACH
i
y: Not applicable. Current land values in the local area
render the existing improvements an uneconomic development
of the site.
INCOME APPROACH
Current rent for the subject fast food businUss is $2,200
PM on a 3-Net basis. Rentals of other fast food sites were
investigated on an area wide basis . for Orange, and Los
Angeles Counties. The general rental range for those sites
found were from 'about $3,000 pm 3-Net Lo as high as $6,000
pm 3-Net including a percentage of the gre3s income. All
of the sites found were superior focid oper$t.::i.nu and were
primarily Taco Bell franchises.
In the -following Income Study for the subject, a net rentai
o1: $30500 pm is assigned to demonstrate that the subject's !
existing development is incapable of economically justify-
ing the land value.
L
8
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City of Httn._.,ngton Beach
Redevelopment Project Phase II
A.P. 024-152-11 & 12/Wood &
Sarrabere
INCOME APPROACH - (continued)
r
INCOME a"I'UDy,
ESTIMATED GROSS ANNUAL INCOME: $42,000
(t3,500 pm x 12 mo)
LESS VACANCY AND CREDIT LOSS (3t) : (1,260)
EFFECTIVE GROSS ANNUAL INCOME: $40,740
EXPENSES: Estimated a 3$ Llt 225
NET INCOME: $39,515
CAPITALIZATION: $39,515/9%
INDICATED VALUE: $4390056 Rd. to: $440,,000
CORRELATION AND FINAL CONCLUSION
MARKET COMPARISON APPROACH - LAND: $706,500
MARKET COMPARISON APPROACH - IMP'D: N/A
COST-SUMMATION "PROACH: N/A
' INCOME APPROACH: N/A
FINAL CONCLUSION: t706t500
I
The estimated demolition cost of the existing improve-
ments is considered to be equal to their interim value
as presently rented.
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City of Huntington Beach
Redevelopment Project - Phase II
} A.P. 024-152-11 & 12/Woad &
i Sarrabere
i
j PROPERTY DATA
OWNER APPARENT
Blanche A. Wood, at al as to A.P. No. 024-152-11
Charles Sarrabere, et al as to A.P. No. 024-152-12
Title was acquired by deed recorded June 1, 1978. No title
report was available at the time of this appraisal. Infor-
mation was obtained from Public Records.
LOCATION
Northwesterly corner of Pacific Coast Highway/Fifth Street,
Huntington Beach, or 504 & 506 Pacific Coast Highway.
LEGAL DESCRIPTION
Lots 10 2 & 3, Block 105, Huntington Beach Tract.
ASSESSOR'S DATA
A.P. No. : 024-152-11 & 12
i
Tar. Rate Area: 04-034 Tax Rate: $1.07918 per $100 A.V.
Assessed Values (1988-89) :
A.P. No. 11 A.P. No. 12 Total
Land: $19,687 $33,979 $53,666
Imps: S16,847 $11,021 $279868
Total: $81,534
Estimated Taxes: $880
ZONING
Downtown Specific Plan District A3 - Visitor - Serving
Comrercial/Office/Residential Per Section 4.5 of the
Specific Plan, Huntington Beach Ordinance Code. See
' Excerpts in Addenda.
Said zoning permits most commercial/retail uses typically
associated with commercial service and retail development.
2
{
•
City of Huntington Beach
Redevelopment Project - Phase II
A.P. 024-152-11 & 12/Wood &
Sarrabere
PRESENT USE.
"Wimpi's" - Fast Food Restaurant
PHYSICAL DESCRIPTION
LAND
Shape: Rectangular.
Frontage: 65 ft. along Ocean Avenue
110 ft. along Fifth Street (Including
corner radius. )
Area: 7,064 sf Net or corner radius.
Topography: Level . at normal curb grade above street.
Drainage: Adequate to street flowline.
Soils and Soils appears stable and adequate for
Geology: existing development. A soil test has not
been made available for purposes of ascer-
taining the existence of uncompacted fill,
unstable or otherwise unsatisfactory soil
conditions, including toxic or hazardous
materials.
Accessibility: Accessible from two street frontages plus
15 ft. alley. There are five onsite
parking spaces. Streets have metered
parking.
Easements: No easements were found by physical inspec-
tion which would adversely affect the
site's utility or value.
Utilities: All normal utilities are available and
connected.
IMPROVEMENTS
The appraised site is improved with a drive-through fast .
food restaurant. The improvements consist of a small
concrete block building circa 1956 containing about 539 sf.
It has a concrete slab and perimeter foundation wall with a ;
mansard style tile roof which extends 4 1/2 ft. beyond the
3
City of Huntington Beach
Redevelopment Project - Phase II
A.P. 024-152-11 & 12/Wood &
Sarrabera
PHYSICAL DESCRIPTION - IMPROVEMENTS (continued)
perimeter wall and also covers an 11 ft. x 20 ft. outside
dining area. Customer service counter has a 6 ft. section
of aluminum frame and glass with sliding windows.
i
The interior includes a kitchen service and food prepara-
tion area, a small office, a two-fixture restroom, and a
small storage room. Interior finishes include asphalt tile
and exposed concrete decking plaster walls and ceilings
with wainscot walls in food preparation area. Lighting is
fluorescent and power appears adequate.
Site improvements include about 6,200 sf or asphalt paving,
500 LF 2 1/2 ft. concrete block wall, concrete block trash
enclosure, eight concrete filled steel pipe guards, and two
sodium vapor yard lights (8" steel pole 18' high) .
'f OCCUPANCY
Tenant occupied. Property was inspected with tenant on
1; 14 March 2, 1989 (updated from 10/2/86) . Mrs. Blanche Wood,
owner, may be reached at 714/960-6417 or 201 5th Street,
Huntington Beach. Mr. Charles Sarrabere, owner, may be
reached at 714/536-9671 or 401 Atlanta Avenue, #2,
Huntington Beach.
Mr. Sarrabere verified on February 15, 1989 that the
existing rental is $2,200 pm 3-net on a mo./mo. basis.
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ALLEYPAY
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PACIFIC CORST HAY. NORTH
9000/SARRAEERE A.P. 021- 52.1f/U
SITE SKETCH
PAST FOOD RESTAURANT 539 Square Feet SQUARE FOOTAGE CALCULATIONS
GROSS AREA 539 Square Feet FAST FOOD RESTAURANT
10.7 X 14.0 a 149.8
504 PACIFIC COAST HWY. 11.4 X 34.1 = 388.7
HUNTINGTON BEACH. CA 92648 598.5 5O.FT..
3128f89
GROSS AREA 539 SO.FT.
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• REQUEST FO"O'NREDEVELOPIVIENT ENCY ACTION
RH 89-86
Ili
Date October 2, 1989
submitted to: Honorable Chairman and Redevelopment Agency Members
Submitted by: Paul E. Cook, Executive Dlrect
Prepared by: Paul E. Cook, Executive Director
Subject: REDEVELOPMENT AGENCY RESOLUTION OF NECESSITY FOR MAIN-PIER
REDEVELOPMENT PROJECT AREA (APN 024-152--11 & 12 (WOOD/BARRADERE/
Consistent with CoLMRAW I I Yes I j New Policy or Exception , I6l 9y
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
S•AT MEN1 SUE:
The Redevelopment Agency Is purchasing property in the Main--Pier Redevelopment
Project Area. This parcel is critical to the project and requires nublic acquisition to
complete a needed redevelopment project in the Main-Pier Redevelopment Project Areas,
j as amended. This parcel will result in the least private injury for reasons to be
articulated at the. public hearing.
fJECOMMFNDATION:
Conduct and conclude the noticed hearing and adopt the attached.Resolution of Necessity
(Agency Resolution No.&Lj. Lots 1, 2, and 3, Block 152 of the Huntington Beach Tract
Assessor Parcel 024-152--11 & 12.
ANALYSIS:
I
The Agency has been attempting to purchase and consolidate parcels in the Main-Pier
Redevelopment Project Area to accommodate a planned development project. After
attempts to acquire this property acquisition, this key parcel now requires condemnation.
The adoption of a Resolution of Necessity will authorize the acquisition of this parcel by EI
eminent domain, which will allow the development to proceed as proposed in the
Main-Pier Redevelopment Project Area. ,
LI VANG SOURCE: `
r :
t
Main-Pier Account No. E-TM-ED-810-6-01-00.
ALTE�NA7�,,►E ACTION: f
Do not adopt the Resolution of Necessity and continue negotiations with property owners.
ATTACHMENTS: !
1
2) Resolution. I
. IV 'I
3j Appraisal.
5150h �►
PIG!MS
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RE017ST FOR V. - --------
` REDEYE •- f MENT A E _ , �UTION
5-Ct' RH 88-20
�.. (r} �� j ,•� , . loss .,
Submitted to: Honorable Mayor/ rma Council/Redevelopment Agency Members
Submitted by: Paul E. Cook, City Administrator/Chief Executive Officer} C
Prepared by: Douglas N. La Belle, Deputy City Administrator/Community Develop
Subject: APPROVAL OF RELOCATION GUIDELINES, MAIN-PIER PROD AND
OTHER PROJECT AREAS
Consistent with Council Policy? Dd Yes C j Nov Polley or Exception &5 # /450
Sttt awt of lam,RecomffwW ion,Analysis,funding Source,Aherninive Actions,Attachments:
STATEMENT OF ISSUE:
The Relocation Guidelines for the Main-Pier Redevelopment Project Area have been
presented to the Project Area Committee and endorsed. They are now forwarded to the
City Council for its consideration.
RECOMMENDATION:
Approve and authorize the Clerk to execute the attached resolution approving the
"Rules and Regulations for Relocation Assistance, Grievance procedures, and Real
Property Acquisition Policies for Redevelopment Agency Projects' as endorsed by the
hlaln-Pler Project Area Committee.
ANALYSIS:
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The Relocation Guidelines 'Provide Information on the organization of the
Redevelopment Agency, specify the nature of relocation advisory assistance, and
provide for the establishment of a grievance procedure•. Most importantly, they also
specify the nature and amount of relocation payments which may be made to displaced
households and businesses. The Relocation Guidelines for the City of Huntington Beach
presented herewith are based upon current state guidelines. These regulations were
adopted by the State of California and last amended In 1976.
In Its review of the Relocation Guidelines the P.A.C. endorsed the Guidelines and
requested that they be forwarded to the City Council for Its consideration with one
change. The P.A.C. requested that the maximum "in lieu payment" to businesses be
Increased by an amount equal to the consumer price index for the period since adoption
of the State Regulations In 1976. Research Indicates that the C.P.I. has Increased since
1976 by 103.6%. This will Increase the maximum business In lieu relocation benefit
from $10,000 tt, $20,360.
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RH 88-20
May 2, 1958
Page Two
It is important to note that all In lieu payments are based upon the net profit of a
business in the two (2) years preceding relocation and as reported on the business tax
f returns.to the Internal Revenue Service. Therefore, Increasing the maximum potential
` In lieu payment does not automatically confer the inaximum payment on any business
choosing to select In lieu payments. Rather, the amount of the payment is still based
upon the net profit of the business for the two(2) preceding years. In lieu payments are
paid to businesses which choose this option over the actual cost of relocation.
Based on the amount of time since an Increase In the In lieu payments by State
Regulation, and the recommendation of the Main-Pier Project Area Committee, staff
recommends approval of the Relocation Guidelines with this Increase.
It Is also Important to note that once adopted, the Relocation Guidelines approved by
the City Council, would apply within all of the City's Redevelopment Project Areas.
Review of the Guidelines was limited to the Main-Pier P.A.C. because It is the only
active P.A.C. within any of the City's five'(3) Redevelopment Project Areas.
FUNDING SOURCE:
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Relocation payments may be met through any redevelcp►n, nt agency revenue source
Including tax Increment, loans from the City's general fund, or loans of community
development block grant funds.
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ALTERNATIVE ACTIONS:
Do not approve the Relocation Guidelines.
ATTACHMENTS:
1. Relocation Guidelines.
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RESOLUTION NO. 150
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF HUNTINGTON BEACH APPROVING
AND ADOPTING Ti::' 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 whicn may be made to displaced households and businesses;
and
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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
f 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
"A"
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PASSED, AND ADOPTED By the Redevelopment Agency of the City of
Huntington Beach this second day of May, 1988.
Chairman
ATTEST: APPROVED AS TO FORM:
Clerk Agency Attorney
REVIEWED AND APPROVED: IN IA D AND A P
City Administrator Dep4tk City Administrator and
Dird6dtor of Community Development
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RULES AND REGULATIONS FOR RELOCATION ASSISTANCE,
GRIEVANCE PROCEDURES AND REAL PROPERTY ACQUISITION
POLICIES FOR REDEVELOP14ENT A0XNCY PROJBCIS
1.0 STATEMENT OF POLICY:
California Relocation AwAtance Act (Government Code Section 7260, et.s .)
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
I of the California Community Redevelopment Late and Section 6038 b (5) of the
i 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 nections of the law and
guidelines and is further intended to demonstrate both the City of Huntington
Beach's and the Redevelopment Agency's clear Inte►Ations to provide maximum
relocation advisory assistance to persons who may be displaced by the
Huntington -Beach redevelopment activities. Such professional asslstAW,
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 DEFINITIONSt
2.1 Agency - means the Huntington Beach Redevelopment Agency, its staff
and consultants and contractors it employs.
2.2 Acquired Dwells - 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
activlties have been required.
2.3 'Average Annual Ret 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 C�- means the City of Huntington Beauh.
2.6 Com rab�le�Reelacement DweMoff - means a residential dwelling which
sat s ea eacl,or the o ow ng staandardac
— 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.
i -- Avalleble in the open market to the displaced person and open to
all persons regardless of race, color, sex, age, marital status,
i religion or national origin, consistent with the requirements of
the Civil Rights Act of 1964 and Title Vill 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 end municipal services;
- Public utilities;
- Public and commercia' 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 this 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
i related Increased interest costs and other incidental expenses,
1 does not exceed the total amount of the eminent domain award
j or the negotiated acquisition price paid by the Agency for the
. I dwelling ace;aired and the replacement housing payment
S available to the displaced person.
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2.7 Conventional Loan - means a mortgage commonly givfn 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 n otintions for Ahe Parcel - means the date the
'Agency me es the first personal contact w th 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.
2.16 Director - means the Administrator of the Agency's Relocation
WERE@ Program; i.e., Deputy Director for Redevelopment.
2.11 Div Laced Person - means any person who moves from real property, or
who moves RV rsonal 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.
7his 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 parson 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 Dwelll - 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 Eli ible Person - means any displaced person who is lawfully entitled to
; 1 any celoNt on payment under state or federal regulations.
0448H -3-
2.15 Family - means two or more individuals who by blood, marriage,
ecZ-pfian or mutual consent live together as a family unit.
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2.16 Farm lJ- eration - means any r.ctivity conducted solely �)r primarily for
the p uct on of one or more agricultur-1 products car commodities,
including time, for sale or Dome 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 aU sources of each
member o tThe 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) shaU be included. Gross income is
based on the 12-month period immediately prior to displacement. If the
Agency determines, on a case-try-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 Axpenses Incurred by an eligible displaced
person in connection with the purchase of a comparable replacement
dwelling which are reasonable and limited tc the followings
— 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;
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— Sales, transfer taxes and revenue stamps;
-- Escrow agent's fees;
Notary fees;
— Recording Peps;
i --- Fees for preparing documents relating to purchase of the
replacement dwelling;
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— Loan service fee not to exceed one percent 0 %) 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
TIUD ; 1 of the Truth and Lending Act (Public Law 90-321) and
Regulations Z issued pursuant thereto by the Hoard 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 huiWan habitation, for carrying persons and property on its own
r...� struettire and for being drawn by a motor vehicle.
2.20 Monthly Gross Income - means the total monthly income of a family or
individual Irrespecirve 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 __M��o__r__tgage - means such classes of liens as are commonly given to secure
a vcvaa Ices on, or the unpaid purchase price of real property, together
i with the credit Instruments, if any, secured thereby.
i 2.22 Nonprofit Orzantzation - 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:
— Ilolds 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 en option to purchase;or
-- Owns a raobile unit which, under state law, is determined to be
real property, not personal property.
2.24 Person -means any Individuals partnerships cor
poration or association.
2.25 Personal Property (Tankible, Personal Pro rt ') - means tangible
i 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 hh; 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
0448H -5-
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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.
:1.26 Ie2aatd nses - 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.
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2.27 Project Man a er - 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
em nest domain.
2.29 Purchases (Replacement Housing)-means:
-- The acquisition, constriction 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 i
a builder or developer or on a site which the displaced person
owns or acquired for such purpose.
-- !Mobile homes mus' t;e 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 A 'enc - the Relocation Subcommittee of
the Agency shall cons t 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 c"7he 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 s
appealed case.
F.
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 j
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 Staffing
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 dlsplacee's option'to select a replacement
house of his cholee, whether that choice Is within or outside the city of
Huntington Beach.
3.2 A egwacY_Staff Functions
The functions of the Agency's relocation staff shall in include the
followings
-- 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 responsibillties under the redevelopment program, as
well as to apprise them of the relocation resources, special
services and aids to which they are entitled.
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i — 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 PHA, 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 t
individuals, or groups of relocatees.
— Maintain liaison services between businesses, site occupants, and
commercial property brokers, reaaty 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. r.
-- Establish records, maintain files, and provide ongoing reports to i
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 Sousing which exists In the Project Area with respect to public
utilities and public and commercial fa%iNties, 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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0448H -g-
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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 coistom. When these facilities are not
so required by local codes, ordinances or custom, the kitchen
area or area set aside for mach 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 tho..a
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 Iavatory 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 Ilas an adequate and safe wiring system for ELThting and other
electrical services.
4.1.7 19 structurally sound, weathertight, In good repair and adequately
j 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 dweWng 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
i occupant In a standard living unit and at least 100 square feet of
habitable floor space for each additional occupant. 7be floor
space is to be subdivided Into sufficient rooms to be adequate for
the family. All roans 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.
0448H -9-
4.1.10 Every bedroom shall contain not less than 80 square feet of
habitable floor area and at least nme window opening to the
outside. If more than two persons Oacupy 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 29 4, 6, '
7 and 8 of this section and the followings
-- At least 100 square feet of habitable floor space for the first
occupant and 50 square feet of habitable Czor space for each
additional occupant.
— Lavatory, bath and toilet facilities that provide privacy, j
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, t
4, 5, 61,79 3 and 9 of this sr•etion except that It may have 70 square feet
of habitable floor space for each additional occupant end .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
'Me 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 c
possible housing cost-Income-ratio, which at the same time provides the �
relocatee with adequate housing.
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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.
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— 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.
044SH -10-
Displacees may voluntarily relocate to units exceeding these standards
in price, but such unite may not be used as referrals by the Agency.
4.5 Miscellaneous
Addltionallys 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 Exce2tions
Exceptions to hotwing 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 cominercial '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 displaceee's
place of employment.
4.8 Temporary Houstt Stan
Housing not meeting the Agency's established standards for permanent
relocation maybe uvad 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 reJovelopment project coats.
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 b:, 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 ineurred in temporary on-site moves made at the
direction of the Agr:ncy will be paid by the Agency.
If a self-relocatee moves Into temporary housing and declines without
satisfactory reasor, to accept standarrd housing to which he Is referred,
It will be considered that the Agency's responsibility to the relocatee
has been discharged.
0448H 1-
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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 I
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
displacce In obtaining such housing.
5.0 ASSURANCE OP' RELOCATION RESOURCES
i 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 ruffle ent to meet the needs of displacees and available
i at prices they can afford.
In order that the Agency make such am,lance, it w1%, 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.
i Adequacy oC housing resources will be judged on the basis of such factors as
I vacancy rates, actual availability within applicable un!t size and price ranges,
i degree of choice available within the housing suA?ly 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.
� E
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
E
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 carded 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
i other real property.
0 t98H _12_
j In addition, relocation advisory assistance will be offered to any person
occupying real property immediately adjacent to property being
aequlred 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:
i
-- Fully inform dleplacees of the availability of relocation
payments and assistance and the eligibility requirements.
--- 7brough 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, healtt:, 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.
i
-- Insure adequate inspection of all relocation replacement housing.
i
6.2 Information Material
I 7be Agency will distribute informational materials (see
ge y 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 A) 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
r affected. Site occupants will be informed of project activities and
timing through meetings and other means.
0448H -
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6.� 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
ditplaeed 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
i
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 dispincees In obtaining the units of their choice. The i
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-incorne families and individuals. i
I
0448H -14-
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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 wW also provide advisory services and
assistance to any business concern or nonprofit organization occupying
property which is immediately adjacent to: (I) 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
1 Items as space, traffic tterns, market and other requirements,
and the total number or 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 Po tentiaLq and economic information which may Y 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.
0448N -15-
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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 takes
-- 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 al'. 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 I
displacees move without notifying the Agencyp every reasonable effort .
wIU' be made to locate the displacee and. Inspect the replacement j
dwelling. Such search activities will continue until the family or
individual Is found, or twelve months' time has elapsed, whlchnver 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 displacp:: 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 preparmd for each family, each
Individual maintaining a unit, each busine s 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-cervices provided will be considered.
0448H -16-
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7.0 $ 1�( CAMS R YMEN'l'S
The .agency will make relocation payments to all eligible families,
Individuals, business and institutions displaced b, 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. Displaccas may consult with
Agency staff whenever problems arise, and through recurring visits,
Agency staff will attempt to anticipate problems and plausible solutions.
I
7.1 QuabliCiMons and Conditions for PavmenU
The Agency will pay reasonable and necessary moving expenuses and/or
storage costs; actual direct lass 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
otLer expenses. Former owners will be reimbursed for certain
settlement costs and related charges incurred in the sate 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
i 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 of $200. In addition, homeowners may ,be
entitled to receive a replacement housing payment of up to $IS,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 dwellingj.
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
$20,360, equivalent to the average annual net earnings of the business
and based upon such earnings for the two tauabie years immediately
preceding the year of displacement.
No temporary on-site moves made for the convenience of the Agency
044$H will be chargeable to a site occ upant's allowable relocation payment.
J9
A
No temporary on-site moves made for the convenience of the Agency
will be chargeable to a site occupant's allowable relocation pnytnC,is:.
7.3 Filing Claims_
— All claims for relocation payments must be submitted on forms
which will be provided by the Agency.
i
— Special Conditions for Business Concerns
1'
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.
i'
7.4 Documenting Claims
C
A claim must be supported by the following:
-- if for moving expenses, except In the case of a fixed payment, an
itemized recelpted bill or other evidence of expense.
--- If for actual direct loss of personal property, written evidence
thereof, which may Include appraisals, certified prices, copies o:
bills of sale, receipts, cancelled checks, copies of
advertisementsp 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 thx 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 apy portion of a claim
will be stated in writing to the claimant. i
I
8.0 ASSISTANCE TO BUSINESSES AND OTHERS j
8.1 lndMduals
All services 0 be offered displaced families will be equally available to ;
Individuals occupying separate housekeeping or nonhousekeeping
Accommodations.
8.2 Others f
The Agency will cooperate fully with an ottaer of any property it.. the
project aree 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.
. alo N
0448H -18-
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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.
7be office of the Small Business Administration and economic
development agencies will be made aware of the project and, hopefuUy
will work closely with the Agency and displacces In extending their
assistance. Information about these agencies wIU be available from the
relocation staff, and referrals to them and to others who can assist
commercial displacees wiU 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
I
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;
04481-1 -19-
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-- 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 1�
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 thw
property.
9.4 Extensions of Notices
On or before the effective date of a vacate notica, but subsequent to
issuance of a thirty-day notice, a written extensit)n of time may be
granted should conditions or lack of available repiacement housing or
commercial sites warrant. Such extenslows may rot be granted for
mote than thirty days at one time; additional thirty-Say 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 Pu se
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. ,
six
0448H -20-
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 practicer, 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.
i
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 shaL' be in a language moat easily
understood by the complainant.
j 10.4 Stages of Review by the Agency
-- Request for Further Written Informations A complainant may
request e 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 recelpt of his request.
-- Informal Oral Presentations A complainant may request an
informal oral presentation before seeking formal review and
reconsideration. A request-far an informal orcl 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. 7b)s 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 pr,2sentation.
-- Written Request for Review and Reconsiderations 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
1 or other material which muy have a bearing on the appeal.
0448H -21-
Time Limit 'for Requesting Review: A complainant desiring
e er an informal oral preban atron+or seeking a formal review
and reconsideration shall make a request to the Agency within
eighteen cnonths 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 hereon
shall consider the request for review and shall submit its findings
to the Agency staff with a recommendation whether a
modification of the initial dstermination Is necessary. Ttie
Felocation 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
j disclosure of facts, and to seek judicial review once he has
exhausted administrative appeal.
— Seop2 of Review: The Reloeatlu:i 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.
i - The reasons given by the claimant for requesting review
i and reconsideration of the claim.
- Any additional written or relevant documentary materials
1
submitted by the claimant.
- Any further Information which the Relocation Appeals
+ Board in its discretion, obtains by request, Investigation,
I
or research, to ensure fair and full review of the claim.
Evidence: 7be hearing shall be formal but need not be conducted
accordiR 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-
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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
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 Ieast five business Says'
notice in writing of the date and place of such hearing
either by registered or certified mail, postage prepaid.
The detcrminstion of review shall be issued as soon as
possible, but in any event, no later than six weeks from
receipt of the lag, 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 hearl.ng 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 derision to the
Relocation Subcommittee of the Agency within ninety (90) days cf
receipt of the Relocation Appeal Board decision. The Relocation
Subcommittee of the Agency (us defined in Section 2.30 hereof) shall
abide by all the rules of evidence, procedures, time limits and all other
provisiows defined in Section 10.5 hereof.
0448H -23-
10.7 AM24,1 to Agency
If any claimant Is unsatisfied w!th the decision rendered by the
Relocation Subocmmittee of the Agency the claimant may appeal Ito
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 o: Section
10.5 hereof and in addition this appeal will be heard at a reejular
meeting of tt ,Kgency and shall be conducted as a public hearing of the
Agency following not less than ten (10) calendar days public notice in a
newspapev of general circulation.
19.6 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
requait for review shall be filed within ninety (90) dnys of the
clatmant'i:receipt of the Agency's determination.
10.9 Extension of Time Limits
The time limits specified in Section 10.4 may be extended for goon
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 j
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
matzriel may not be relied upon in reviewing the Initial determination.
10.12 Effect of Determination on Other Persons
'fie principles established in all determinations by the Agency shall be
considered as precedent for rill 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.
0448H -24-
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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 housingo 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.
i
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
Mate law and regulations do not prescribe relocation assistance and benefit
tequirements that exceed those provided for herein; howeverp the Agency shall
E ' follow and comply with all such requirements prescribed.
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044811 -25-
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} - REQv7ST -OR CITY COW'�.X/
REDEVELOPMENT AGENCY ACTION
R HI)20
Deft May 2, 1988
Submitted to: Honorable Mayor/Chairman and City Council/Redevelopment Agenc Members
Submitted by: Paul E. Cook, City Administrator/Chief Executive Officer c /
Douglas N. La Belle, Deputy City Administrator/Community D clop 1
Prepared by.
APPROVAL OF RELOCATION GUIDELINES, MAIN-PIE PROJECT AND
Subject: OTHER PROJECT AREAS
Consistent with Council Policy? V yes ( ] Now Policy or Exceptio
Statement of Issue, Recommende6on,Analysis,Funding Source,Alterneoe Actions,Attachments:
STATEMENT OF ISSUE:
The Relocation Guidelines for the Maln-Pier Redev /opment Project Area have been
presented to the Project Area Committee and endor d. They are now forwarded to the
City Council for its consideration.
` RECOMMENDATION:
Approve the "Rules and Regulations for Rel _ation Assistance, Grievance Procedures,
and Real Property Acquisition Policies or Redevelopment Agency Projects" as
endorsed by the Main-Pier Project Area Co mittee.
ANALYSIS:
The Relocation Guidelines provid Information on the organization of the
Redevelopment Agency, specify th nature of relocation advisory assistance, and
provide for the establishment of a rievance procedure. Most Importantly, they also
specify the nature and amount of r IocatIon payments which may be made tc displaced
households and businesses. The R ocation Guidelines for the City of Huntington Beach
presented herewith are based u�n current state guidelines. These regulations were
adopted by the State of Callforn and last amended In 1976.
In Its review of the Reloca on Guidelines the P.A.C. endorsed the Guidelines and
requested that they be for rded to the City Council for Its consideration with one
change. The P.A.C. reque ed that the maximum "in lieu payment' to businesses be
Increased by an amount eq al to the consumer price Index for the period since adoption
of the State Regulations 1976. Research Indicates that the C.P.I. has Increased since
1976 by 103.6%. This )II Increase the maximum business In lieu relocation benefit
from $10,000 to $20,360
r !
1ZOO .100'
PIO 4154
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RH 88-20
May 2, 1998
Page Two
It Is Important to note that all in lieu payments are based upon the net profit of a
business In the two (2) years preceding relocation and as reported on the business tax
returns to the Internal Revenue Service. Therefore, Increasing the maximum potential
M lieu payment does not automatically confer the maximum payment on any business
choosing to select In lieu payments. Rather, the amount of the payment is still based
upon the net profit of the business for the two (2) preceding years. In lieu payments are
paid to businesses which choose this option over the actual cost of relocation.
Based on the amount of time since an Increase In the in lieu payments by State
Regulation, and the recommendation of the Alain-Pier Project Area Committee, staff
j recommends approval of the Relocation Guidelines with this Increase.
iIt Is also Important to note that once adopted, the Relocation Guidelines approved by
the City Counril, would apply within all of the City's Redevelopment Project Areas.
Review of the Guidelines was limited to the ,Main-Pler P.A.C. because It Is the only
active P.A.C. within any of the. City's five (5) Redevelopment Project Areas.
i� FUNDING SOURCE:
Relocation payments may be met through any redevelopment agency revenue source
Including t!,- Increment, loans from the City', general fund, or loans of community
development block grant funds.
i
ALTERNATIVE ACTIONS:
Igo not approve the Relocation Guidelines.
I ATTACHMENTS:
1. Relocation Guidelines.
PEC/DLB/SVK:sar
29SOr
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REQUEST FC,' REDEVEWop,M ; i" Gt L�LCY ACTION
Eou
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Ma rch�1988
CITY CLkHICSubmitted to: Chair Members of the Redevelopment Agency
Submitted by:
Paul Cook, City Administrator, Chief Executive Offi i'
Prepared by: Douglas La Belle, Deputy City Admin. , Dir. Comm. Dev
AUTHORIZATION FOR ACQUISITION OF PARCELS IN THE MAIN-P R
Subject: (PHASE II) PROJECT AREA
Consistent with Council Policy? W Yes ( ) New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Aiternative Actions, Anachments: t�))
STAMMER OE Ifi&Its:
There are several parcels still to be acquired by the Agency or the
private developer designated in the Main--Pier Project Phase II
Area. To allow for timely development to proceed, public
acquisition by the Agency may be required.
4 l�txQMMENDAT�:
Authorize negotiations to proceed for purchase of property,
improvements, relocations and lease hold interests bordered by 5th
Street and 6th Street, Walnut Avenue and Pacific Coast Highway in
the Main-Pier Phase II Project Area,
AMLLYSIS:
The acquisition and assembly of property for the Main--Pier Project
Phase II has now reached a more intensive phase. The Agency will be
vigorously pursuing acquisitions of several parcels,
i Appraisal authorization was approved by the Agency on August 18,
1986 for the parcels. That authorization included a blanket
appraisal approval only for Phase II. This authorization approval
will allow property acquisitions in the remaining portion of the
Main-Pier Phase II area.
The Agency staff and consultants will be working closely with the
private developers to consummate all acquisitions, participations
and/or relocations as rapidly as possible in concert with a
disposition development agreement# plan approval and entitlement for
the Main-Pier Project Phase II.
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l UNDILra SOi1RCE:
Account Number 812-601
ALTBRNATM AMIQNS:
Do not approve the authorization of property acquisitions in which
case the development may be delayed until willing seller
acquisitions occur by the developer.
ATTACWZNTS:
1. Map of the Area
2. Ownership List
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OWNERSHIP LIST
parcel Number Assessed Owner
24-152-02 Stand£ord Tharp
24--152-03 Energy Development Corporation
24--152-04 John Conley
24-152-05 Margaret E. Shupe
24-152-06 Stuart W. Omohundro
24-152-10 Frank Cracchiolo
24-152-11 Blanche Wood
24--152-12 Charles Sarrabere
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.�. PMENT �'ENCY ACTION
�, REQUEST FG. . REDEVELOPMENT
Date
Honorable Chairman and Redevelopment Agency Members"'
Submitted to: y _
Paul E. Cook, Executive Director .1 _ r w �.; ;.:,«?��'J
Submitted by:
Douglas N. La Belle, Deputy City Administrator/Community Developmen
Prepared by:
AUTHORIZATION FOR APPRAISALS AND ACQUISITIONS FOR PARCELS
Subject: IN THE SECOND BLOCK BETWEEN MAIN AND STH STREETS
MAIN PIER PROJECT AREA
Consistent with Council Policy? i j Yes ( ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments:
SIATEMENT OF ISSUE:
There are several parcels for sale and property owners who are interested on a willing
seller basis to have the Agency acquire their properties. It would be appropriate for the
( Agency to purchase these properties to land bank and/or accommodate relocation of
` owners out of Main-Pier Phase I and 11 projects.
RECOMMEND/�TION•
Authorize appraisals,and negotiations for acquisitions on Main Street and Sth Street
comprising the second block of the Main--Pier Project Area not already authorized for
appraisals and acquisitions pursuant to the attached map.
ANALYSIS:
To accommodate willing sellers, efforts at second and third block renovations and to
relocate owners and tenants out of the Main-Pier Phase i & lI projects, Agency should
purchase properties to land bank and expedite Agency efforts in this regard. The
acquisition of parcels, would allow for consideration of various options for Agency
efforts.
There are parcels now under consideration by the Agency for acquisition in the location f
delineated on the map. Approval of this request will allow those acquisitions to
fronsummate.
LT RNAM ACTIONS: ,
t
Do not authorize the appraisals and acquisitions.
I�iNDING�URCE•
Account number S 12-601
A11AQI^II1i B:
1. Map
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REQUE ► it NCIL ACTION
Data star. 16., 198A
Submitted to: cu ry C1.1'c .�
Honorable Mayor and City Council
Submitted by:
Paul Cook, City Administrator, City Administrato r j
Prepared by:
Douglas La Belle, Deputy City Admin. , Dir. Comm. Dev
Subject:
AUTHORIZATION FOR APPRAISALS AND ACQUISITION OF PARCELS IN
THIRD BLOCK MAIN--PIER PROJECT AREA
I
Consirtent with Council Policy? W Yes ( ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
k1&T=NT OF 19
To enhance and complement the third block of 5th Street and Orange
parking project, it would be appropriate for the City to acquire
parcels on Main Street to complete a full block consolidation.
RECOtrII NDATIOH:
Authorize appraisals and negotiate for acquisitions on Main Street
between Olive Avenue and Orange Avenue pursuant to the attached map.
AMMON:
To efficiently accommodate the proposed parking structure now
designated to be located on the third block of Main Street (bounded
by 5th and Main Streets and Olive and Orange Avenues) , there remain
five (5) parcels which would complement and expedite City efforts in
this regard. The acquisition of these parcels, in conjunction with
efforts to acquire the 5th Street parcels, would allow for an
expanded parking structure and consideration of various alternatives
for the parking and commercial uses.
A=RNATIME ACTIONS:
Do not authorize the appraisals and acquisitions.
i
Civic Improvement Corporation Certificates of Participation Issue. `.
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REQUEST Fit REDEVELOPMEN'rtop*,GENC T/O
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R H 87-2 5
March 27, 19S7
Date
Honorable Chairman and Redevelopment Agency Members
Submitted to: Charles W. Thompson, City Administrator/Executive Director )'CJ
Submitted by: Douglas N. La B,!Ile, Deputy City Administrator/liedeveloprnent
Prepared by: ACQUISITION OF PROPERTIES WITHIN THE MAIN-PIER
REDEVELOPMENT PROJECT AREA AS AMENDED-.411 013$16AANGE •�-
Subject: AVENUE
Consistent with Council Policy? IN Yes ( ) New Policy or xc�p "wK"
Statement of Issue, Recommendation,Analysis, Funding Souroe,,Pl�t3rruAtivct�o z;Ati�hments:
STATEMENT OF ISSUE: "
The Redevelopment Agency has previously authorized appraisals for a number of
parcels within the Maln-Pier Redevelopment Project Area as amended, and the
subsequent acquisition of selected properties on a willing-seller basis. Jim Shinn of
John Cutler and Associates, (the Agency's land acquisition consultant), has negotiated
the purchase of two properties at 414 & 418 Orange Avenue (Cade properties).
RECOMMENDATION:
f
Authorize the acquisition of the properties at 414 & 418 Orange Avenue for the sum of
$265,000. Upon completion of the acquisition, authorize the relocation of existing
tenants and site clearance as appropriate.
ANALYSIS: '
Appraisals have been completed for various properties within portions of the Main-Pier
Redevelopment Project Area as amended and a willing-seller acquisition fund haf been i
previously established by the Redevelopment Agency. Offers to purchase a number of
properties have been made by the Agency's land acquisition consultant. The properties
at 414 & 418 Orange Avenue are proposed for acquisition for the sum of $265,000,
which is $16,000 or approximately 6 1/2% abnve the Agency's appraisal and at the
sellers appraisal. Staff and our consultant has feel that the acquisition at $265,000 Is
appropriate and reasonable.
FUNDING SOURCE:
Previously appropriated willing-seller acquisition funds.
ALTERNATIVE ACTION.-
Do not purchase these available properties at this time. s
ATTACHMENTS:
E
1. Assessor Parcel Numbers and Site Locations
2. Plat Map
P10/t/85
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REQUrM FOR, CITY COUMIL/ _
. REDEVELOPMENT AGENCYAQT4
87-$3
Daft Decemb , 1997
Submitted to: Honorable Mayo n'and Council/Pedevelopment Agency Members
Submitted by: Paul E. Cook, City Administrator/Chief Executive Officer -✓
Prepered by: Douglas N. LaBelle, Deputy City Administrator/Community Developm
Subject: APPROVAL OF RELOCATION GUIDELINES AND REPLACEMENT ING
PLAN - MAIN-PIER PROJECT AREA
Consistent with Council Policy? D4 yes [ ] Now Policy or Exoeption
Statement of Issue, Recommendatlon,Anelysis, Funding Source,Altwnative Actions,Attachments:
STATEMENT OF ISSUE:
The Relocation Guidelines and Replacement Housing Plan for the Maln-Pier
Redevelopment Project Area have been presented to the Project Area Committee and
endorsed. They are now forwarded to the City Council for Its consideration.
RECOMMENDATION:
Approve the "Rules and Regulations for Relocation Assistance, Grievance Procedures,
and Real Property Acquisition Policies for Redevelopment Agency Projects" and the
"Replacement Housing Plan for the Maln-Pier Redevelopment Project" as endorsed by
the Main-Pier Project Area Committee.
ANALYSIS:
The Relocation Guidelines provide Information on the organization of the
Redevelopment Agency, specify the nature of relocation advisory assistance, and
provide for the establishment of a grievance procedure. Most Importantly, they also
specify the nature and amount of relocation payments which may be made to displaced
households and businesses. The Relocation Guidelines for the City of Huntington Beach
presented herewith are based upon current state guidelines. These regulations were
i
adopted by the State of California and last amended In 1976.
In Its review of the Relocation Guidelines the P.A.C. endorsed the GUIdelInes and
requested that they be forwarded to the City Council for Its consideration with one
change. 'The P.A.C. requested that the maximum "in lieu payment" to businesses and
residences be Increased by an amount equal to the consumer price Index for the period
since adoption of the State Regulations in 1976. Research Indicates that the C.P.I. has
Increased since 1976 by 103.6%. This will Increase the maximum business In lieu
relocation benefit from $10,000 to $20,360.
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PIO 4184
1
RH 87-83
December 210 1987
Page Two
i
It Is Important to note that all in lieu payments are based upon the net profit of a
business In the two (2) years preceding relocation and as reported on the business tax
returns to the Internal Revenue Service. Therefore, increasing the maximum potential
In lieu payment does not automatically confer the maximum payment on any business
choosing to select In lieu payments. Rather, the amount of the payment Is still based
upon the net profit of the business for the two (2) preced.ng years. In lieu payments are
paid to businesses which choose this option over the actual cos: of relocation.
Based on the amount of time since an Increase In the In lieu payments by State
Regulation, and the recommendation of the Alain-Pier Project Area Committee, staff
recommends approval of the Relocation Guidelines with this increase.
It Is also important to note that once adopted, the Relocation Guidelines approved by
the City Council, would apply within all of the City's Redevelopment Project Areas.
Review of the Guidelines was limited to the Main-Pier P.A.C. because It Is the only
active P.A.C. within any of the City's five (5) Redevelopment Project Areas.
The Replacement Housing Plan Is required by State Law for all redevelopment agencies
where displacement of lower Income households may occur as a result of redevelopment
activities. The purpose of a Replacement Housing Plan Is to quantify the "maximum
potential obligation" of the Redevelopment Agency to provide replacement housing
demolished as a result of the agency's activities.
The Replacement Housing Plan provides a survey of the project area housing within the
Alain-Pier Project Area. Further, It considers the majority of the housing units
Inventoried to be occupied by lower income households and thus a potential replacement
housing obligation of the Agency. The Replacement Housing Plan Identifies potential
resources to meet this replacement housin need. Such resources Include housing
set-aside funds from tax increment generated In each of the five (5) project areas as
well as block grant funds and tax exempt financing. Lastly, the Replacement Housing
Plan documents the Agency's previous efforts to provide new housing (through any of
the mechanisms identified above) which may be credited against a future replacement
housing obligation.
Unlike the Relocation Guidelines, the Replacement Housing Plan Is unique to the
Wain-Pier Redevelopment Project Area and would not apN:y to any of the other project
areas. State Law requires that a replacement housing plan be adopted before the
demolition of any low or moderate Income housing unit within a Redevelopment Project
Area. Like the Relocation Guidelines, the Replacement Housing Plan has been
reviewed by the limn-Pier Project Area Committee and recommended for approval to
the City Council.
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RH 87-83
December 21, 1987
Page Three
FUNDING SOURCE:
Both relocation payments and replacement housing obligations may be met through any
redevelopment agency revenue source Including tax Increment, loans from the CIty's
general fund, or loans of community development block grant funds,
ALTERNATIVE ACTIONS:
Do not approve the Relocation Guidelines and Replacement Housing Plan
ATTACHMENTS:
1. Relocation Guidelines.
2. Replacement Housing Plan.
PEC/DLB/SVK:sar
2230r
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REPLACEMENT HOUSING PLAN
FOR THE
MAIN-PIER REDEVELOPMENT PROJECT
HUNTINGTON BEACH, CALIFORNIA
Prepared by: '
The City of Huntington Beach
Redevelopment Agency
September, 1987
CONTENTS
SUBJECT PAGE
1. Introduction . . . . l
It. Project Area Housing . . . . . . . . . . . . . . . 2
Ill. Replacement Housing . . . . . . . . . . . . . . . 4
IV. Summary . . . . . . . . . . . . . . . . . . . . . . . . 9
V. Appendix . . . . . . . . . . . . . . . . . . . . . . . . 10
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I. INTRODUCTION
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This Replacement Housing Plan concerns the At..-n-Pier Project Ar,i!a (including the
area covered by Amendment No, 1) within the City a.' Huntington Be; -h, California.
The Redevelopment Agency of the City of Huntington Brach has c -!dished the
Main-Pier Project Area to revitalize commercial and residentiatt proper ; to assure
that Huntington Beach will continue to be a very desirable place 10 liw work and
play.
To accomplish the objectives of the Plan It may be necessary to relocate as nny as
615 families living within the project area over the 35 year course of the ptojel. :.
To fulfill the requirements of Section 33413 of the California Community
Redevelopment Law (Health and Safety Code, Section 33000 et. seq.), the
Redevelopment Agency has prepared this Replacement Housing Plan. Although It
Includes no specific sites t•) replace existing; low and moderate income housing other �
than the existing rehabilitatioa program, this plan will show the resources by which
it will be replaced within the incorporated boundaries of the: City of Huntington
Beach, California.
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If. PROJECT AREA HOUSING
The proposed redevelopment of the plain-Pier Project Area may remove the
following dwelling units from the low and moderate income housing market:
Number Subarea
0 Atlanta Beach
239 Beach City
0 Blufftop
179 Downtown Core
44 Huntington Lake
63 Main-Pier
89 Town Square
Total 613 Units
The number of units and their locat=-ns are given on the maps provided (Appendix 1,
Exhibits A-F). '
Suba,pas (Map A) !
Atlanta-Beach - Is located at the southeast corner of the Atlanta Aveno-e and Beach
Boulevard Intersection. The apartment buillings that lie within the subarea are
relatively new and therefore, there will be no displacement In this subarea.
Beach City - is located along Pac;fic Coast Highway from Beach Boulevard to
Huntington Street. R.e Driftwoou Trailer Park Is located within this subarea. It Is
anticipated that all of the 239 mobile homes qualify as low to moderate Income
homes and will need to be relocated according to the Redevelopment Plan. Map B
-2-
Bluf ftop - comprises the area between Coldenwest Avenue, the alley between
6th Street and 7th Street, the Pacific Ocean and the inland side of Pacific Coast
Highway. There are no residences within this subarea that would qualify as low to
moderate Income and none will neeff to be relocated.
Downtown Core • consists of the area bounded by Orange Avenue on the north, Lake
Avenue on the east, Walnut Avenue on the south and the alley between 6th and 7th
Streets on the west. There are currently 179 residences that Ile within this
subarea. It Is estimated that all of the residents of this subarea qualify as low to
moderate Income. It Is possible that all of the residents are expected to be
relocated according to the Redevelopment plan. Map C
Huntington-Lake - Is bounded by Atlanta Avenue on the north, Huntington Street on
the east, the Pacific Ocean on the south, and Lake Street on the west. This was
once the location of the Huntington Shores Trailer Park which had 44 mobile homes
that have already been relocated by the request of the property owner, not by
request of the Redevelopment Agency, The City did, however, assist with the
relocation In finding new sites. Map D
Maln�-pier_ - Is bounded by Walnut Avenue, Lake Street,,the Pacific Ocean, and the
alley between 6th and 71h Streets, and also Includes the Huntington Beach Municipal
Pier. 'there are currently 63 residences in this subarea and all are estimated to be
within the low to moderate Income classification. It is anticipated that all of these
residences will be relocated. Map E
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Town-Square - consists of the area within the borders of Indianapolis Avenue, the
alley between Lake and Alabama Street, Atlanta Avenue, Lake Street, Orange
Avenue, the alley between 6th and 7th Streets, Acacia Avenue, 7th Street, Hartford
Avenue, and Lake Street. There are currently 89 residences In this subarea and It Is
estimated that all of the residences would qualify as a low to moderate Income
home. it may be possible that all of the residents will need to be relocated
according to the Redevelopment Plan. Map F
REPLACEMENT HOUSING
At this time, the Redevelopment Agency has no specific plans for acqufsitton,
construction leasing, rehabilitation, loans, grants or other means to provide
replacement dwellings within the Incorporated boundaries of the City of Huntington
Beach. However, the Agency does have a number of financial means to replace, the
low to moderate Income housing and within the current fiscal year planning will
commence for the Initial replacement housing project.
I
Twenty percent (20%) Setaside Funds - The Agency currently sets aside 20% of all
tax Increment revenues from Redevelopment Project Areas to be used for providing
low to moderate Income housing in the City. Projected revenues from the setaside
funds are given In the table below.
-G-
20% SetasIde
(000's Omitted)
Year Huntington Center Oakview Main-Pier Yorktown-Lake Talbert-Beach
85-96 -38 11 50 0 14
86-87 ' 92 91 47 l 15
87-88 l01* 92 54 1 25
$8.89 15_`• 94 37 41 70
89-90 159 110 128 34 70
Total 507 397 335 97 204 = $1,046
*The recent sale of Huntington Center will provide an additional tax revenue, although
the specific amount Is not known at this time.
Bond Issues - The City and or Redevelopment Agency to date has Issued
approximately $100,000,000 In tax exempt housing revenue bonds for providing low
to moderate Income housing in the City. This represents 819 total units of which
395 units are reserved for lower Income households. These 395 units are for persons
earning 80% of the area median income or less. Although the Tax Reform Act of
1986 has changed the manner In which bond Issues are used, they are still considered
i, to be a viable method to finance construction of low to moderate Income
replacement housing. The number of housing units provided by bond Issues to date
{ and the amount of the Issue are given In the table below.
'i
i
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s t• w. ..1,y j,4 .t•,. .. .. .. ,. .s. ' ,:ti :i: . a' •�.;"t. t:1.^i !•1 1!'JS}.f t2�^.,�i'd�Z '�'M�E?'�'i�`.t•_�i,.ljr�q t
BOND FINANCED HOUSING PR03ECTS
MULTI-FAMILY
NO. OF LOW
PR03ECT BOND AMOUNT TOTAL UNITS INCOME UNITS
Warner Avenue $8,165,000 102 30
Rlvermeadows $100000,000 152 31
Village Partnership $797000000* 114 23
Seabridge Villas $259000,000 344 69
Huntington Breakers $16,000,000 342 78
Emerald Cove 14
600,000 164 164
i
I
Total $71,465,000 1218 395
* Currently under construction.
SINGLE-FAMILY
NO. OF LOW
PROXCT AMOUNT INCOME UNITS
1983 SFMRB $2000000000 179
1984 SFMRB $201000,000 245 approx.
Used to assist first time buyers In purchasing:
New or Improved homes 150% of median
Existing homes 120% - 110% of median
Commurdty Development Block Grant Funds - Each year, the U. S. Department of
Housing and Urban Development provides a Grant to the City of Huntington Beach
for projects to benefit tour and moderate income households. In recent years, the
City's entitlement has been approximately $1,338,000, approximately 34% of this Is
used for rehabilitation purposes. It is anticipated that a portion of the Block Grant
Funds will be used to construct or rehabilitate low to moderate income homes.
-6-
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NOW'
\ . +�� •�.:.} l�)+ .,: . +j• +` �;., ��...r.'_ +: .. Y e.]y ''vl' }'�fJ""+��!'.�? „4'V '1'K1 '�t.
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i
I
Public Private Partner=hips - In 1984 the Redevelopment Agency entered Into a
public-private partnership with the William Lyon Company to build Emerald Cove,
a 164 unit, 50% below market rental rate project for senior citizens. The project
was Initiated by using federal Community Development Block Grant Funds but now
functions without federal or state subsidies. it also received a (National Certificate
of Merit from U. S. Department of Housing and Urban Development for
public-private partnerships.
The partnership utilizes public funding and private expertise to reduce construction
costs, thus enabling the Agency to provide high quality-low cost housing.
Orange-County.,� Housing Authority - The City participates with the Orange County
Housing Authority In the provi-iii, of federally subsidized housing for lower Income
households. Periodically the housing Authority makes available funds for the
production of housing. While no estimate of the amount of such funds can be made
at this time, the City and Redevelopment Agency will seek the cooperation and
assistance of the Orange County Housing Authority to Implement this Plan.
Density Bonus - From time to time the City and/or Redevelopment Agency offers a
10% density bonus to private developers. The additional 10% must be reserved for
low to moderate Income homes.
: I
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f. -,( "• _ ;. .. .w. ..»... .. .... '... ... . .r r yr• > n. —..i+*.:• l �}1 t`�Y+,►"c';'y.
�'I':ti!lam v iv':�Llw.i sm C� 4M }1: .}• •..a;...a i,. .'.1,.'i..'i:: Y ...aS t ,t � ?t :�:1.. .�^t+, � ♦,# y*�.,•y�
Rental Rehabilitation - In the 1986-1997 Fiscal Year the Redevelopment Agency
caused 64 rental units for low to moderate Income families to be rehabilitated. An
additional 15 single-family homes were rehabilitated. Through these methods the
Redevelopment Agency has caused 79 units to be rehabilitated already.
This list of 5 or 6 different methods of providing low to moderate Income housing
are methods that the City and;ar Ri-development Agency have used In the past. It
should not be construed as an all Inclusive list. The Redevelopment Agency will
make every attempt to take advantage of any and all existing or new methods that
shall become available.
It Is anticipated that all of these methods will be used, either separately or In
combination, to replace existing low Income housing.
jThe Plan Is effective for thirty-five years. However, the Redevelopment Agency
will make every effort to complete the Replacement Housing Plan within fifteen
years. In all cases, the Agency will replace an equal number of low to moderate
Income units as those to be removed within the required four year period from the
date of removal.
ji
'I
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1 'IWAME
SUMMARY
In summary, a total of 615 tow and moderate income dwelling; units may be
removed from the Main-Pier Project Area.
Other than rehabilitation, there are no site specific plans to provide low to
moderate Income housing. However, the Redevelopment Agency does have at Its
disposal a number of different resources to finance Replacement Housing. These
resources Include, 20% tax Increment setaside funds, tax exempt or taxable bond
Issues, Community Development Block Grant Funds, and public-private
partnerships.
The Agency has already rehabilitated 79 residential units within the City of
Huntington Beach during the 1986-87 fiscal year.
The Agency will continue to replace all low to moderate Income homes within four
years of their removal or destruction as required by Section 33413 of the California t,
Community Redevelopment Law (Health and Safety Code 33000, et. seq.) on a
µ'
one-for-one basis. '+
The Agency will also make every attempt to replace all 615 units within fifteen
yeas from the date this plan is adopted.
• 7"ri
The Redevelopment Agency will assist all families, Individuals or other entities
displaced by the project In finding other locations and facilities with a minimwn of
hardship. The Agency will also assume an active role to ensure the completion of
all such projects.
00931Z
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APPENDIX I
SUBAREA MAPS
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Map B
Beach City 239 Units ��
714y Low / Moderate Income Housing
r-. s
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Mange Ave. ................................................................................................................
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i' Olive Ave.
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! Walnut Ave. . .... ... .. . ... ..i
03 CO to 67
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,Z.,, a Map C
Downtown Core 1 79 Unit s
Low ! Moderate Inca a Ha using
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-----------------
' Map E
Main Pier 63 Units
Low / Moderate Income Houshi9
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Map F
Town Square 89 Units
Low i Moderate Income Housing
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RULES AND REGULATIONS FOR RELOCATION ASSISTANCE,
GRIEVANCE Pl'**r-EDURES AND REAL PRC-PERTYJ J:QUISITION
POLICIES rOR REDEVELOPMENT AGENCY PhOJECTS
1.0 OF-POLICY-
California
Relocation Assistance Act (Government Code Section 7260, QJ
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 :he
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.,Rnd
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•sea, 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 that business Immediately preceding the tax year in which
the real
property on which the business is loce.ted 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 tar 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 Husinal - 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
0448H -17-
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1w iJ7 l�/� ` . . 1 l l✓N T- .JJ y.a',(t, / �f 3
.{, y• � .J, - . . ,. ., .J. ."r- w.:.,.J. .t,,.v. ter.
• 1
For sale of services to the public;
-- By a nonprofit organizatlon.
2.5 CJU- means the City of Huntington Beach.
2.6 Qmparable Replacement Dwe_ .11iga - nieans a residential dwelling
which satisfies each of the following standards: j
— Functionally equivalent and substantially the same as the i
acquired dwelling, including newly-constructed housing.
— Decent, safe, sanitary and adequate in size to meet the needy of
the displaced family or person. Ht)wever, 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 VIh of the Civil Rights i
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 `
i
- 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 vilthin 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. �I
I,
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.
0448H -18-
2.7 Conventional Loan - means a mortgage commonly given by banks,
i savings T . loan associations to secure adf '`ces on, or the unpaid
purchase price of real property, payment of which Is not Insured by any
i
agency of the state or federal governments.
2.9 pate of lnitlation 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 121rec or - means the Administrator of the Agency's Relocation
Assistance Program; I.e., Deputy Director for Redevelopment,
2.11 Dis2laCed 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
ito carry out the public use.
Where only a portion of the real property is taken, a person who
I 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 12welliag -- 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 EMom c Rent -- means the reasonable rental expectancy if the
f property were available pro pe y e e a table for rent or lease, the rent or lease payment
I being paid for comparable space as distinguished from contract rent or
lease payment.
2.14 Eligible_P,grson- means any displaced person who Is lawfully entitled to
any relocation payment under state or federal regulations.
0448H -1g_
2.15 Family - means two or more individuals ho by blood, marriage,
adoption mutual consew live together as a idly unit.
2.16 Farm !per on - 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 faintly 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 tri the
claimant, an alternate period, actual or protected, may be used Li such
exceptional situations.
2.19 lncldggtgl E=nses - means expenses incurred by an e!lgible 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; ='I
-- Title search expense and title insurance policy premiums;
--- Sales, transfer taxes and revenue stamps;
— Escrow agent's fees; t
— Notary fees;
-» Rerording 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 ti Regulations Z issued pursuant thereto by the Board of Governors of the
Federal Reserve System shall not be deemed an incidental expense.
0448H -2a
`
'is
r T
2.19 Mgblle means a vehicle, other than a n for vehicle, designed or
used for! •1nan habitation, for carrying perse-Hand property on its own
structure and for being drawn by a motor vehicle.
2.20 Wilt )y 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 Mg tr epee- 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`Djanization - 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;
i� --- Has a leasehold Interest with an option to purchase; or
i
--- Owns a mobile unit which, under state law, is determined to be
II, real property, not personal property.
I
2.24 Person-means any individual, partnership, corporation or association.
I)I2.25 Personal Aronerty ffinilble. Personal Pranertvl 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 statrf law of
eminent domain, and in the case of tenant, fixtures and equipment and
other property which may be characterized as real property under estate
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
0448H -21-
4-1 • • .. • .. r .•! •lr rim•sr"rIr'SYR'"•t••.«. .Cq 1.•a`
1 J •`iv«t * "('`J..t ;ice " ... - .t;.., 't, � � �Si. . y„ �•
Is identi jrd In the acquisition appraisals and a closing or settlement
i statemei vith respect to the real property aisltions: provided, that
no item or property which is compensable uncter 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-_Encases — 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)
shall be the person with primary administrative responsibility for the
redevelopment project area from which the displacement has iccurred.
2.28 P611c Use — means a use for which real property may be acquired by
eminent domain.
I 2.29 pufchases (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 hames 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.
j 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.
I
2.31 Relocateg — means any person who meets the definition of a displaced
person.
2.32 Relocation., c a d — the Relocation Appeals Board shall consist
of 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.
0448H —22—
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• Y1
3.0 ADMINISTRAT NLZAIM P"1
3.1 Resnonsibie 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 reactors, social agencies and civic organization.
3.2 Staff;nA
The Agency shall ensure that staff who are charged with the duties of
providing relocation implementation services are qualified and
experlenced 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, he 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 Qgenpy Staff Amulm
The functions of the Agency's relocation staff shall In include the
following:
-- Interpret the Agency's program to all sire 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 gro-ips
and others in locating suitable relocation accommodations ;or
dispiacees 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 .neet the needs of all project area occupants
and refer and otherwise assist said occupants In securing housing
which they require.
i�
0448H —23—
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--- Sepre pHority consideration for persor�eligible for and desiring
pi c housing or any other housing P'1 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 thi: '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.
i
-- 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
'f the Executive Officer and Agency on field relocation activities.
-- Coordinate relocation activities with other Agency operations.
U EPLACEMF,`NT HOUSING SIANDA RriS
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 projcct area occupants places of employment; and are priced within their
financial means. The standards set forth below have been establisred by the
Agency to achieve these objectives.
4.1 StandardsfQr Dwell
A decent, safe, and sanitary dwelling Is one which meets all of the
following minimum requirements:
0448H --24—
4.1.1 Cgoforms with all applicable provisio%JOr existing structures
tt have been established under to 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 requi;,td 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
1 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.
i 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.
i
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
j spaces, cellars, utility rooms and similar spaces.
I
i
0448H -25-.
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4.1.10 hVw bedroom shall contain not less than 80 square feet of
I hs, able floor area and .at least on?"Nindow 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 standaEdfi for Sleeping Rooms noahg{ sseeke�p units)
A decent, safe, and sanitary sleeping room Is one which includes the
j 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 Home
A decent, safe and sanitary mobile home, Is one which includes the
minimum requirements contained in Subsection 4.1, subparagraphs 2, 3,
1 4, 5, 6, 7, 8 and 9 of this section except that it may have 70 square feet
i of habitable floor space for each additional occupant and bears the
i insignia of approval issu.d 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
i 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.
0448H -26-
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Displaceex•.may voluntarily relocate to units eeding these standards
I price, , such units may not be used as reftIls by the Agency.
4.5 Mis :ellaneous
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 Exc otions
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 Environmcotal 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
j place of employment.
4.8 Temporary lJousing 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
i 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
i 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 In. urged In temporary on-site moves made at the
J
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.
i
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044811 -27-
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4.9 4btainln;AelocaIIon 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 RE.LOCA (2N RMURCES
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,
1
In order that the Agency make such assurance, it will, prior to any
displacement, undertake surveys If the needs of displacees and of 0.".. 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 I
surveys.
The Agency will document a finding of adequacy of housing availability after
completion of the required surveys and upon d,monstration 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. f
6.0 -REI=AT10N AJ2 RY AS,JISTAN!C `
6.1 Cenral
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 Plana, and to all persons
who, because of the acquisition of real property t.sed for a business or
farm operation are required to move their pet v-,al property from such
other real property.
0440H ..Zg_
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In addition relocation advisory asslstatice wIl a offered to any person
occupyin• real property . immediately adja�t 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 nilnimize the hardships of
I 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
I
The Agency will distribute informational materials (see Appendix A) to
every area occupant to be displaced or otherwise nffe^•:ed by the
project. Written information will be given to each owner and occupant
of property to be acquit ed at the time the Agency acquires the
j 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.
i
Separate informational material (see Appendix 8) will be made
available to business concerns (including nonprorit 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.
0448H -29-
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6.3 Li t- s ines.-ELe�ferrals and Assistance in Cbtaining If g,
..... Listings
The Agency will provide information to residents on the
availability, prices, and rental rates of comparE ble, 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, manage-s and agents.
— Referrer �{
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 r
governmental action unless that action Is related to I :i
rehabilitation or improvement of neighborhood amenities. In no
case will referrals t e 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' i '!
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 i� n Obtainins 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.
I .
0448H -3o--
I
6.4 S.oc aL520;cs r"1
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 Assistancc to Business Concerns Nonprofit Organizations an rms
The Agency vAll 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:
-- onsultations
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 Rclocation.Sitcs
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.
--- Btfierrals to SB.A
Where appropriate, business concerns will be referred to the
Small Business Administration (SBA) for managerial, financial
and technical assistance.
i
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0449H --31—
i
6.6tY
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
estate management and brokerage servvices�rams and normal real
— 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
I opportunities in housing.
4 6.7 Self—
The Agency
and insn____P�_ *_i,
' y 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
indiAdual 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.
i
Should the family or individual decline a minimum of three offers of
1 standard dwelling units And its present dwelling unit does not meet
1 standard housing criteria, the Agency shall notify the displacee In
' writing of his ineligibility fo.replacement housing payments.
6.8 Reloc�CW,
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 Evalu:�tlon
The Agency will periodically evaluate the relocation
determine its effectiveness in assistingProgram to
and its conformance to provisions of a and federal affected
Both projects te '
quality and quantity of services provided will be considered.
0448H —32—
1 7.0 pFLQCAJJQN J'AYMENT5
I .
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 displaces
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 QUaliftations 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 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 of $200. In addition, homeowners may be
entitled to receive a replacement housing payment of up to $15,0on
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
$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.
0448H -33-
it i
7.2
dhere to
ate
Reloc� The policies set forth In ill follotv�de alaGuidelines when
• Relocatil ,uidelines. "I ha Agency
applicable.
7.3 Filing Claims
.-- All claims for relocation payments must be submitted on forms
which will be provided by the Agency.
Snirial onditi
— 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 Docu�8 ]aims
A claim must be supported by the following:
l -- If for moving expenses, except in the case of a fixed payment, an
ff , itemized receipted bill or other evidence of expense.
li
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.
t
--. 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 Lecome 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 BUSINE55ES-A LD O7'H M
8.1 Individuals
All services to be offered displaced families will be equally available to
Individuals occupying separate housekeeping or nonhousekeeping
acr_nmmodatIons.
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
--34--
,. •_ ! .t•l' 4 .ti as •71tj.
8.3 �1dS
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 4
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. l
9.0 QTI C'CQ VACA1
9.1 -GOMA 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 ;,mergencles.
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
i Agency will accrue to the date of recordation of the deed;
i
4
0448H -35-
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-- Wh re property is to be acquired through eminent domain
pr' edings and possession is granted Y Nn Order of Immediate
Possession, control is taken to mean ine 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
--• ftere 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 I
the property must be vacated.
9.3 Thirty-Day Notice
At least thirty days prior to the effective date of any ninny-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 Egi.erisigm 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
commerclul 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 Lxecutiun of Notices
All notices to vacate and extensions thereof shall be signed by the
Agency Executive Director or his designee.
10.0 APPEALS PROCEDURE D ADMINISTRATIVE Rt YHOM
10.1 &=se
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 -36-
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10.2
-- 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 IY tiff ation_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
s
-- Request [pr Further Bitten 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 cleft or notice of refusal inadequate. The
Project Manager shall provide such an explanation to the
complainant within 1S days after receipt of his request.
formal OralPresentation: A complainant may request an
Informal oral presentation before seeking format 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.
-- 3Mtten RaqueSt for Revie.W_arid Reconsideration: At any time
within the period described in subsection (4) a complainant may
file a written request for formal revie:; and reconsideration.
The complainar, may include In the request for review any
statement of fact within the complainant's knowledge or belief
I or other material which may have a bearing on the appeal.
0448H —37--
.-. Limit for _Requesting Review: �A complainant desiring
el- an informal Cora) presentation orwNeking a formal review
ant 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 RtvICM1 and Reeggnsideration by the Relocation Appeal
-- 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 lie 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.
� I
- 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.
--- fir : 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 -3g-
' 1
Hearsay evidence may be admitted for any purpose but shall not
bee-Vficient in itsalf to support a fie* ng unless it would be
adnassible 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.
AurdW of Proof: The burden of proof shall be c-i the claimant in
all cases.
C2UDvJ: 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 lave.
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.
Tlme m ts:
— 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,
i whichever is later.
1 _
� in the case of the claimant's dismissal for untimeliness or
i 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 j
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 Anneal 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
days of
Subcommittee of the Agency y
Relocation Subcom S Y within ninety (90) d
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.
i
I
0449H —39--
• i
II
. 10.7 Appeal L9,4zc cv_
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) da3i of receipt of the decision of the Relocation
Subcommittee. The Agency shall amide by all the provisions of Section
10.5 hereof wW 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.
r10.9 Extension of Time Limits
The time limits specified in Section 10.4 may be extended for good
cause by the Director.
10.10 HcommendatIons by Third Party
Upon agreement between the claimat and the Board, a mutually
acceptable third party or parties rr.ay review the claim and make
advisory recommendations thereof to the Agency for its final
determination. In reviewing the cla'.ni and making recommendations,
the third party or parties shall be guided by the provisions of this
i Grievance Procedure.
I 10.11 HEYIP-w 1=i(es 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
I 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 DetgrminatIQn cn 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 acid available for public review.
0448H r40-
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10.13 BAR
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 ,LQ1nLQ mvla pants
i
Where more than one person is aggrieved by the 'failure of the Agency
rary
to refer them to comparaom lble ainants emant y ,oind inu filing ate ea single
replacement housing the c p
written request ofor f revs mpla Want termination shall be made by the
Agency for each
10.15 AglidaLBAMiC
The de
termination 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 availeble.
11.0 [ION REQUMAMM
State law and regulat!ons do not prescribe relocation assistance and benefit
i
I requirements that exceed
those such provrequided for
ors prescribed ever, the Agency shall
follow and comply with all
i
� i
0448H —41—
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