ARA1993-32RESOLUTION NO. ARA93-32
A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING
AND ADOPTING RELOCATION ASSISTANCE GUIDELINES FOR THE
COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT
WHEREAS, the Anaheim Redevelopment Agency (the "Agency#) is a public body, corporate and
politic, existing pursuant to the provisions of the California Community Redevelopment Law (California Health
and Safety Code Section 33000, et seq.) which has been authorized to transact business and exercise the powers
of a redevelopment agency pursuant to action of the City Council of the City o£ Anaheim (the "City"); and
WHEREAS, the Agency has initiated proceedings for the consideration o£ the adoption of an ordinance
approving a proposed Redevelopment Plan (the "Plan") for the Commercial/Industrial Redevelopment Project
(the "Project"); and -
WHEREAS, the Agency, pursuant to .Section 33411 and 33352 of the Health and Safety Code, desires
to approve relocation guidelines for the Project; and
WHEREAS, Assembly Bill 324 (Chapter 828, Statutes 1989) mending the State Relocation
Assistance Law (Government Code 7260 et seq.) was passed by the legislature and signed by the Governor on
September 25, 1989; and
WHEREAS, the changes made in State Relocation Assistance Law by Assembly Bill 324 became
effective January 1, 1990; and
WHEREAS, the California Department of Housing and Community Development ;~ts to amend the
California Relocation Assistance and Real Property Acquisition Guidelines sometime during 1992, but has as yet
not done so.
NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevelopment Agency as follows:
1. The Rules and Regulations for Implementation of the California Uniform Relocation Assistance
Law, as set forth in Exhibit A (the ~Anaheim Redevelopment' Agency Relocation Guidelines"), which are
attached hereto and incorporated herein by reference, are hereby approved and adopted as the Relocation
Guidelines for the Project (as presently existing and as may hereafter be amended), with and subject to the
following:
(a)
Any reference to "public entity" shall be deemed-to be a reference to the Agency unless
the context requires otherwise.
In accordance with Section 6032 of the Guidelines, the Agency shall provide relocation
advisory assistance. Such assistance shall be provided in accordance with the specific
relocation plan prepared in connection with specific development projects that will result
in displacement pursuant to Section 6038 of the Guidelines. The relocation advisory
assistance shall be provided in accordance with the provisions of Article 2 of the
Guidelines.
(c)
Any informal presentation request made pursuant to Section 6156(b) of the Guidelines
shall be made to the Director of Community Development or her designee.
(d)
In the event formal review and reconsideration is requested pursuant to Section 6158 of
the Guidelines, the review shall be conducted by the Director of Community
112993/Dsw
-1-
(e)
(0
Development or her designee. Unless a written appeal is filed, all determinations of the
Director of Community Development or her designee shall'be final ten (10) days from
the date notice of such determination is delivered in person to thc complainant or fifteen
(15) days from the date the notice is placed in the U.S. mail addressed to the
complainant at the address set forth on the complaint. All appeals shall be made in
writing to the Agency (or, if a separate relocation appeals board has been established, to
the relocation appeals board). In the event a separate relocation appeals board is
established it shall proceed with respect to any appeal in the manner and within the time
set forth in Section 6158 of the Guidelines and this subsection (d). Appeals from the
decision of the relocation appeals board shall be made to the Agency within the time and
in the manner herein provided.
No persons or families of Iow or moderate income shall be displaced unless and until
there is a suitable housing unit available and ready for occupancy by such displaced
person or family at rents comparable to those at thc time of their displacement.
The Agency shall r .eta. in the fight to provide rel~afion assistance to the fullest extent
legally allowable, notwithstanding the designation of specific amounts in certain
sections of the Guidelines.
(s)
The Guidelines shall incorporate and conform in all respects with the amendments and
revisions to the State Relocation Law (Government Code Sections 7260 et seq.) as such
amendment and revisions are set forth in Assembly Bill 324 (Chapter 828, Statutes
1989) which is attached hereto as Exhibit B, and incorporated herein by reference.
ADOPTED this 14thday ofDecembe4:1993'
ATTEST:
Secretary,
Anaheim Redevelopment Agency
-2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing
Resolution No. ARA93-32 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency
held on the 14th day of December, 1993, by the following vote of the members thereof:
AYES: AGENCY MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution
No. ARA93-32 on the 15th day of December, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 15th day of December, 1993.
SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY
(SEAL)
~_xhib it .~
ANAHEIM REDEVELOPMENT AGENCY
ANAHEIM, CALIFORNIA
RULES AND REGULATIONS FOR IMPLEMENTATION
OF THE
CALIFORNIA UNIFORM RELOCATION ASSISTANCE LAW
VI.
VII.
(soo)
A .
D.
E.
F.
VIII.
( 600 )
A.
B.
C.
(700)
A.
B.
C.
D.
E.
Fo
O.
Jo
(800)
A.
B.
C.
D.
E.
F .
G.
H.
I.
J.
K.
'~ Sr=x~ DUSINES
R~_OC~±TON ~Lvr~I,~TR TO D!
FARM OPERATIONS FOR MOVING EXPENSES
(s0!)
(502)
(503)
(504)
(5o5)
(506)
Page
37
Actual Reasonable Moving Expenses 37
Expenses in Searching for a Replacement
Site For The Displaced Business 42
Actual Direct Losses of Tangible Personal
Property 42
Business Reestablishment Payment 43
Replacement Business Facility Payment 45
Payment In Lieu of Moving and
Related Expenses 47
MOBILE HOMES
(601) Relocation Benefits and Assistance
(602) Moving Expenses
(603) Replacement Housing Payments
LAST RESORT HOUSING
(701) Replacement Housing Plan
(702) Nondiscrimination; Affirmative Action
(703)
(704)
(705)
(706)
(707)
(708)
(709)
Citizen Participation
Submission of Plan for Comment
Determination by Agency of Feasibility
and Compliance
Implementation of Replacement
Housing Plan
Conformity with Statutes and Regulations
Monitoring Housing Production
Retention of Benefits Upon Move to
Last Resort Housing
Last Resort Housing Payments
(710)
GRIEVANCE PROCEDURES
(sol)
(802)
(803)
( 804 )
( 805 )
Right of Review
Notification of Decision
Stages of Review
-Time Limit for Requesting Review
Stay of Displacement Pending
Final Determination
Joint Complainants
Right to Counsel
Review of Files by Claimant
Recommendations by Third Party
Effect of Determination on Other Persons
Judicial Review ..
(806)
(8O8)
(809)
(81o)
(8~1)
49
49
49
49
51
51
51
52
52
52
53
54
54
54
54
56
56
56
56
60
6O
60
60
60
61
61
61
-ii-
RULES
OE THE
CA~ Tm~,m~!A C,~i~u.~.'~ P. ELOCATiOI~ ASSISTANCE LAW
I. ( 100 ) GENEI~.L.
A. (101) Purpose. The purpose of these Relocation
Rules and Regulations ("Regulations") is to implement the
California Uniform Relocation Assistance Law (the "Act") 1/ and
the Relocation Assistance and Real Property Acquisition
Guidelines (the "Guidelines") adopted by the California
D. epartment of Housing and Community Development. The intent of
these Regulations is to provide consistent relocation policies
and procedures to ensure that relocation benefits and
assistance will be administered by the Anaheim Redevelopment
Agency (the "Agency") in a fair, reasonable, and unifOrm manner
and to ensure that payments will be made promptly to Persons
and businesses displaced as a result of the Acquisition of real
property by the Agency or a program or project undertaken by or
on behalf of the Agency in a redevelopment Project Area.
Additionally, it is the purpose of these Regulations to ensure
consistent and fair treatment of Owners of real property to be
acquired, to encourage and expedite Acquisition by agreement
with Owners of property, to avoid litigation, and to promote
confidence in public land Acquisition.
B. (102) Authority and Applicability'2 These
Regulations are adopted by the Agency pursuant to Section
7267.8(a) and shall apply prospectively to all displacement
occurring after adoption of these Regulations by the Agency.
If the Agency undertakes a project with federal financial
assistance and consequently must provide relocation assistance
and benefits as required by federal law, the provisions of the
Act, Guidelines, and these Regulations shall not apply.
,
C. (103)
Definitions.
1. Acquisitioh. Obtaining ownership or possession
of property by the Agency by purchase, eminent domain, or any
other lawful means.
2. Affordable Housing Cost. Housing cost not
exceeding twenty-five percent (25%) of gross income.
3. Agency. The Anaheim Redevelopment Agency, a
public body corporate and politic.
Government Code §§ 7260, et seu. Ail statutory
references are to the Government Code unless otherwise
indica%ed. All references %o the Guide!~nes are to the
Califcrnia Ccde of Regulations, Title 25, §§ 6000, et sec.
f. In a !oca~ion gener&iiy not less desirable
~han ~,e ~cca~io'~ of ~ displaced Person s dwelling with
res~,ect no public uti!inies, facilities, services, and the
displaced Person's place of empioymen~.
V. Condominium. An undivided interest in common
in a portion of real property coupled with a separate interest
in space called a unit, the boundaries of which are described
on a recorded final map, parcel map, or Condominium plan in
sufficient detail to locate all boundaries thereof.
8. Decent, Safe and Sanitary. Housing in sound,
clean and weathertight condition, in good repair and adequately
maintained in conformance with applicable state and local
building, plumbing, electrical, housing and occupancy codes or
similar ordinances or regulations and which meets the following
minimum standards:.
so
Single-Family Dwellings, Apartments,
Condominiums
(1) Has a continuing and ade~uate supply
of potable safe water.
(2) Has a kitchen which contains a sink
in good working condition and
connected to hot and cold running
water, and a sewage disposal system.
The kitchen or kitchen area shall
have and adequate space for the
connection of a stove and
refrigerator.
(3) Has a heating system as required by
climatic conditions and local codes.
(4) Ha~ a separate and complete bathroom,
well-lighted and ventilated and
affording privacy to a Person Within
it, -containing a lavatory basin and a
bathtub or shower stall, properly
connected to an adequate supply of
hot and cold running water, and a
flush water toilet all in good
working order and properly connected
to a sewage disposal system.
(5) Has an adequate and safe wiring
system for lighting and other
electrical services.
0677u~°~2~ /000
's a direct resu!- of tNe
rehabi!l~a~ion, demoli%ien, or other
dj s~!acing activity as the Agency may
~rescribe under a program er project
undertaken by ~he Agency of real
property on which the Person is a
Residential Tenant or conducts a
business or farm operation, in any
case in which the Agency determines
that the displacement is permanent.
b. Solely for the purposes of Sections 200
and 402 of these Regulations, any Person who moves from real
property, or moves his or her Personal Property from real
property, either:
(1) As a direct result of a written
notice of intent to acquire or the
Acquisition of other real property,
in whole or in part, on which the
Person conducts a business or farm
operation, for a program or project
undertaken by the Agency.
As a direct result of the
rehabilitation, demolition, or other
displacing activity as the Agency may
prescribe under a program or project
undertaken by the Agency of other
real property on which the Person
conducts a business or farm
operation, in any case in which the
Agency determines that the
displacement is permanent.
.
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 an
owner participation agreement or an Acquisition carried out by
a private Person f6r or in connection with- a public use where
the Agency is otherwise empowered to acquire the property to
carry out the public use.
Except Persons and Families of Low and Moderate
Income who are occupants of housing made available to them on a
permanent basis by the Agency and who are required to move from
the housing, a "displaced" Person-shall not include any of the
following:
a. Any Person who has been determined to be
in unlawful occupancy of the displacement dwellings.
09/05/90
0677u/'262 !/000
15. Gross income. The ~o~al annual income of an
individuai, or where a Family is d~s~iaced ~otal annual income
ef the parents or adult heads of household, less ~he following:
excess of three.
A deduction of $500 for each dependent in
b. A deduction of ten percent (10X) of total
income for an elderly or Handicapped Household.
c. A deduction for recurring, extraordinary
medical expenses, defined for this purpose to mean medical
expenses in excess of three percent of total income, where not
compensated for or covered by insurance or other sources, such
as public assistance or tort recovery.
d. A deduction of reasonable amounts paid for
the care of children or sick or incapacitated Family members
when determined to be necessary to employment of the head or
spouse, except that the amount deducted £hal! not exceed the
amount of income received by the Person thus released.
Gross Income is divided by twelve to ascertain the
average monthly income. Relocation and property Acquisition
payments are not to be considered as income for the
determination-of financial means.
16. Handicapped Households. A household in which
any member is handicapped or disabled.
17. Initiation of Negotiations. Initial written
offer made by the Agency to the Owner of real property to be
purchased or to the Owner's representative.
18. Mobile Home. A structure, transportable in one
or more sections, which is built on a permanent chassis and
designed to be used as a Dwelling with or without a permanent
foundation when connected to the required utilities, and-
includes the plumb-ing, heating, air-conditioning, and
electrical systems contained therein. A self-propelled vehicle
is not a Mobile Home. A Mobile Home does not include a
recreational or commercial vehicle.
19. Mortgage. Such classes of liens that are
commonly given to secure advances on or the unpaid purchase
price of real property, together with the credit instruments if
any, secured thereby.
o9/o5/90
0677u/2621/o0o
-7-
b. '"Owner" of a bus ' xe,~-o ' nc' udes:
(!) The sole proprietorship of a sole
proprietorship-
(2) The partners owning a majority
interest in a partnership;
(3) The shareholders owning the majority
of issued shares in a corporation.
In determining the majority of partners and
shareholders, any shares or partnership owned by a husband,
wife and/or their dependents shall be treated as one unit.
22. Person. Any individual, Family, partnership,
corporation or association.
23. Persons and Families of Low and Moderate
Income. Persons and families whose incomes do not exceed one
hundred and twenty percent (120%) of area median income
adjusted for Family size. The term "Persons and Families of
Low and Moderate Income" includes very low income households
and lower income'households. "Very low income households"
means Persons and families whose incomes do not exceed fifty
percent (50%) of area median income adjusted for Family size.
"Lower income households" means Persons and families whose
incomes do not exceed eighty percent (80%) of area median
income adjusted for Family size. --
24. Personal Property. Movable property which is
situated on the real property vacated or to be vacated by a
Displaced Per~,on and which is considered noncompensable (other
than for moving expenses) under the .Eminent Domain Law. (Code
of Civil Procedure §§ 1230.010 et seq.).
In the case of a tenant, "Personal Property" may
include fixtures and equipment or other property which may be
characterized as real property under state or local law,'but
which the tenant may lawfully~ subject to-the Agency's prior
written authorization, determine to move, and for which the
tenant is not compensated in the real. property Acquisition.
In the case of an Owner of real property, the
determination as to whether an item of property is personal or
real shall depend upon how it is identified in the Acquisition
appraisals and the closing or settlement statement with respect
to the real property AcquisitiDn; 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 Propersy in computing actual
direct losses of tangible Personal Property.
Ca ,"0~ ,"90
n67Wu/26~~ , ~ i/000 -C-~
6. A relocation pla:: meeting ~he requirements of
Seclion 300 has been ~re~ared.
E. (105) Citizen Paruiciuation. Ail Persons who
will be displaced, neighborhood groups and any relocation
committee will be encouraged to review the relocation plan
(prepared in accordance with Section 300) and monitor the
relocation assistance program.
When a substantial number of Persons will be
displaced from their Dwellings as determined by the Agency the
Agency shall encourage the residents and community
9rganizations in the displacement area to form a relocation
committee. The committee shall include, when applicable,
residential Owner occupants, Residential Tenants, business
people, and members of existing organizations within the area.
In lieu of initiating a new process of citizen participation,
if the Agency has conducted a citizen participation process as
part of an existing development program, it may substitute such
process if it satisfies the requirements of this section.
If a substantial number of Persons will not be displaced
from their Dwellings as determined by the Agency, the Agency
shall at least consult with and obtain the advice of residents
and community organizations and make the relocation plan
available to such Persons or organizations prior to stlbmitting
it to the Agency for approval.
The Agency shall ensure the following:
(a) Timely and full access to all documents
relevant to the relocation program. The Agency may reasonably
restrict access to material where its confidentiality is
protected by law or its disclosure i~ ~prohibited by law.
The Agency shall ensure that the information in
documents, the provision of which would result in disclosure of
the identity of Persons eligible for relocation assistance and
benefits is provi({ed in a manner designed to avoid such
disclosure. This obligation to avoid improper disclosure shall
not affect the right of the Person to which the information
relates (or any other Person authorized in writing by. such
Person) to inspect Such documents.
(b) The provision of technical assistance
necessary to interpret elements of the relocation plan and
other pertinent materials.
(c) The right to submit written or oral
comments and objections including the right to submit written
09/05
0677u/262 t/000
-ii-
(~00)
RELOCATION ASSISTANCE ADVISORY PROGRAM.
A. (201) Minimum Recuiremen~s of Relocation
Advisory Assistance Program. The Agency shall provide
relocation advisory assisnance to any Person or business
displaced by the Agency. If the Agency determines that any
Person occupying the property immediately adjacent to the
property where the displacing activity occurs is caused
substantial economic injury as a result thereof, the Agency may
make the advisory services available to the Person.
Notwithstanding the definition of "Displaced Person" provided
in Section 104 of these Regulations, in any case in which the
Agency acquires property for a program or a project, any Person
Who occupies the property on a rental basis for a short term or
a period subject to termination when the property is needed for
the program or project, shall be eligible for advisory services
to the extent determined by the Agency.
Relocation Advisory Assistance shall include, at a
minimum, such measures, facilities, or services which are
necessary or appropriate to do all of the following:
1. Fully inform eligible Persons at an early stage
following the Initiation of Negotiations for a parcel, as to
the availability of relocation benefits and assistance and the
eligibility requirements.therefor, as well as the proCedures
for obtaining such benefits and assistance in accordance with
Section 203. --
2. Determine and make timely recommendations on
the needs and preferences, if any, of Displaced Persons for
relocation assistance.
3. Assure that within a'reasonable time period
prior to displacement, to the extent that it can reasonably be
accomplished, there will be available comparable replacement
housing sufficient in number to meet the needs of, and
available to those Displaced Persons except that in a federally
funded project a waiver may be obtained from the federal
government.
4. Provide current and continuing information on
the availability, sales, prices, and rentals of comparable
replacement Dwellings for displaced homeowners and tenants, and
suitable locations for businesses and Farm Operations.
5. Assist each eligible Displaced Person to
complete applications for payments and benefits.
09/05/90
0677u/262i/000 -13-
~. {202) Eligibi!i%y-
availah'e to-
Relocation of assistance and benefits shall be
a. Any Person who occupies property from
which he will be displaced.
b. Any Person who will move from real
property or will move his Personal Property, because he will be
displaced from other real property on which he conducts a
business or Farm Operation.
c. Any Person who moves from real property as
a result of its Acquisition by the Agency whether the move is
voluntary or involuntary.
d. Any Person who, following the Initiation
of Negotiations, moves as the result of the pending Acquisition
by the Agency. Such a Ferson is eligible if the property is
subsequently acquired by the Agency; if it is not acquired,
such a Person, at the discretion of the Agency, may be declared
eligible.
e. Any Person who moves as the result of
pending Acquisition by the Agency either following receipt of a
Notice of Intent .to Displace or as a result of inducement or
encouragement by the Agency. The Agency may issue'-a written
Notice of Intent to Displace at any time after forming a
reasonable expectation of acquiring real property.
2'. Post-Acquisition tenants, those who lawfully
occupy property after the Agency acquires it, are not eligible
for assistance and benefits if, before occupying the property,
they are informed by the Agency that the property has been
acquired for a public use and will be available as housing only
in the interim between Acquisition and development and that
development for such use may result in termination of the
tenancy sooner than Would otherwise be expected. When
post-Acquisition tenants are so informed they are not ellgibl~
even though they move as the result of a written order from the
Agency to vacate the real property.
The Agency shall inform prospective tenants
regarding the projected date of displacement and, 'periodically,
should inform post-Acquisition tenants of any changes in this
projection.
When the displacement of a post-Acquisition tenant
causes a hardship for that Person because of a critical housing
0a ~0~
0'617'd "262!/000 -15-
c. Assurance that=ami= · l__e~ s and individua:s~
will nol be recuired to move before reasonable offers of
otherwise comparable replacement Dwellings within their
financial means have been made, except for the causes provided
in these Re~mlations for eviction.
d. A general description of types of
relocation payments available, including general eligibility
criteria and a caution against premature moves that might
result in loss of eligibility for a payment;
e. Identification of the Agency's relocation
program and a description of relocation services and assistance
that will be available;
f. Encouragement to visit the Agency's
relocation office and cooperate with staff, and the address,
telephone number, and hours of the relocation office;
g. Information to residents on replacement
Dwellings, including;
(1) A brief description of what
constitutes a comparable replacement
Dwelling, including physical
standards;
._
(2) A layman's description of the .Federal
Fair lRousing Law (Title VIII of Civil
Rights Act of 1968), and applicable
State and local fair housing laws as
well as rights under Title IV of the
Civil Rights-Act of 1964;
(3) A statement that the Agency (or its
agent) will identify available
comparable replacement Dwellings.and
will provide assistance to Persons in
obtaining housing of their choice,
including assistance in referring
complaints of discrimination to t_he
appropriate Federal, State or local
fair housing enforcement agency;
(4) A statement that Persons may seek
their own housing accommodations, and
urging them, if they do so, to notify
the Agency or its relocation office
prior to making a commitment to
~urchase or occupy the property so
that the Agency's representative can
insDec% ~he unit.
09,,"05,,'90
0677u '-621/C'00
h. A statement to businesses tha~ the Agency
will Erovide maximum assistance in loca~lng relocation
accommodazions, including consultation with the Small Business
Administration and other governmental agencies which might be
of assist'ance;
i. A statement to businesses describing the
requirement for prior notification to the Agency of the
business concern's intention to move;
j .
A summary of the Agency's eviction policy;
k. A statement describing the Agency's
grievance procedure, its purpose and. how it may be used, and
information concerning its availability;
1. Any additional information that the Agency
believes would be helpful.
Where appropriate, separate informational statements
shall be prepared for residential and non-residential occupants.
4. Language of Informational Material.
Informational m~terial shall be prepared in the language(s)
most easily understood by the recipients. In displacement
areas where there are significant concentrations of Persons who
do not read, write,' or understand English fluently, the'native
language of the people will be used and all informational
material will be provided in the native language(s) and English.
5. Method of Delivery' of Informational Material.
To assure receipt of the informational material, the Agehcy
shall arrange to have the material either hand-delivered to
each business or head of household of-the property, with a
request for a written receipt, or sent by certified mail,
return receipt requested.
·
6. Notice of Eligibility Status. In addition to
disseminating general information, the Agency shall provide
each business or occupant with individual, written notification
of eligibility status as soon as eligibility status has been
established.
D. (204)
Survey of Relocation Needs.
1. Interviews. Immediately following the
Initiation of Negotiations, the Agency shall interview all
eligible Persons, business concerns, including Nonprofit
Organizations and Farm Operations to obtain information upon
09/05/90
0677u/262i/000
-18-
(e)
Locational factors including,
among others, public utilities,
public and commercial facilities
(including transportation and
schools) and neighborhood
conditions (including municipal
services).
(12) Such other matters that concern a
household as its members contemplate
relocation.
b. Coordination with Other Agencies. In
order to avoid duplication of effort and to ensure that
necessary information is available at the appropriate time, the
Agency shall' coordinate its interview activities with the
survey activities, if any, of other agencies. Gathering of
data pertinent to social service referrals of eligible PerSons'
shall be planned in cooperation with social service agencies
and a referral system shall be established.
c. Interview after Person Moves without
Notice. If the Agency fails to conduct the required interview
of any eligible'Person in a timely and effective manner, the
Agency shall make every reasonable effort to identify, locate
and interview such Person who has moved so that his relocation
needs can be determined. The Agency shall offer such Persons
all relocation assistance and benefits for which they otherwise
qualify and, in addition, shall compensate such, Persons for
all costs occasioned by the Agency s failure to provide timely
notice and offers of relocation assistance and benefits.
- .. 2.- Relocation Records.. Based~-on. info~mation
obtained during interviews and' from~0ther :~.'.~ircesj.as '~:~
appli6~ble, the Agency shall prepare and maintai~{""~n accu'~te
relocation record for each Person' to be displaced. The record
shall contain a description of the pertinent characteristics of
the Persons to be displaced and the assistance deemed to' be
necessary. A Displaced Person (or any Person authorized in
writing by such Person) shall haVe the right to inspect such
documents containing information relating to him to the extent
and in the manner provided by law.
3. Updating Information. Information pertaining
to the relocation needs of eligible Persons occupying each
parcel of real property with respect to which the Agency has
initiated negotiations for Acquisition shall be updated at
least annually. Eligible Persons shall be encouraged to bring
any change in their needs to the attention of the Agency.
09/05/90
0677u/£6£ !~000
-20-
G. (207) Eviction. Eviction is permissible only as
a last resort. Relocation records shall be documented to
reflect the specific circumstances surrounding the eviction.
Eric%ion shall be undertaken only for one or more of the
following reasons:
1. Failure to pay rent, except in those cases
where the failure to pay is due to the lessor's failure to keep
the premises in habitable condition is the result of harassment
or retaliatory action or is the result of discontinuation or
substantial interruption of services.
unit.
o
Performance of a dangerous, illegal act in the
3. ~aterial breach of the rental agreement and
failure' to correct breach within 30 days-after notice.
4. Maintenance of a nuisance and failure to abate
within a reasonable time following notice.
5. Refusal to accept one of a reasonable number of
offers of replacement Dwellings.
..
6. The eviction is required by state or local law
and cannot be prevented by reasonable efforts on the part of
the Agency.
III. (300)
ASSURANCE OF COMPARABLE REPLACEMENT HOUSING.
A. (301)
Relocation Plans.
1. General Requirement. As soon as possible
following the Initiation of Negotiations and prior to
proceeding with any phase of a project or other activity in
implementing a redevelopment ~roject that will result in
displacement, the Agency shall prepare, a relocation plan and
submit it for approval to the City Council of the City of
Anaheim. When the-Agency's action will only result in an
insignificant amount of non-residential displacement, tl~e
Agency is not required to prepare a relocation plan.
2. Contents of Relocation Plan. The Relocation
Plan for an implementation activity shall contain the following
elements:
a. A diagrammatic sketch of the project;
b. Projected dates of displacement;
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The written analysis of replacement D'~'el!ing needs shall
~ nc iude-
a. Separate information concerning home
ownership and rental units;
b o
each size category;
The number of units identified by cost for
c. The needs of Elderly Households and
Handicapped Households shown separately, including information
on the number of such households requiring special facilities
and the nature of such facilities;
d. Description of the locational
characteristics of the displacement area neighborhoods
corresponding to the requirements of comparable replacement
Dwellings; '
e. Information concerning proximity to
present employment sources, medical and recreational
facilities, parks, community centers, shopping, transportation
and schools;
..
4. Analysis of Available Relocation Resources.
Based upon the survey of available relocation resources
conducted pursuant to Section 205, a written analysis of
replacement Dwelling resources shall be prepared in sufficient
detail to enable a determination of the availability for all
potential .displacees of housing which meet the standard for a
comparable replacement Dwelling.
The written analysis of available relocation
resources shall include:
a. Separate, information concerning home
ownership and rental units;
b.- The number of units available by cost for
each size category;
c. Resources available to meet the needs of
Elderly Households and Handicapped Households shown separately
including information on the number of units with special
facilities and the nature of such facilities;
d. Description of the locational
characteristics of the neighborhoods in the survey area,
corresponding to the requirements of comparable replacement
Dwellings;
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0677u/262- 000 -24-
d. The number of units available in the
comr, uni~y exceeds the number of households in need of the
unlzs. This requiremen% may be waived by ~he DeLar~menu ef
Housing and Community Development if the Agency can establish
~ha~ such units-will be replaced by last resort housing within
two years. To establish that last resort housing will be
developed as required, the Agency must have site control with
permissive zoning, preliminary plans and conditional
commitments for subsidy and financing or the equivalent. The
Agency also must identify ownership.
Uncompleted new construction or rehabilitation which
is subsidized by public funds shall not be counted as a
relocation resource unless the units are being subsidized to
provide relocation resources.
5. Review of Relocation Plan. The relocation plan
shall be submitted to the relocation committee if formed, and
the Department of Housing & Community Development for review
and comment thirty (30) calendar days prior to submission to
the City Council for approval. Copies of the relocation plan
shall be available to the public upon request. General notice
o£ the Relocation Plan shall be provided to the occupants of
the property thi_rtY (30) days prior to submission to the City
Council. The Notice shall be prepared in accordance with
subsection 203(1)b and paragraph 4 of Section 203.
6. Conformance to General Plan. Relocation plan
prepared by the Agency shall be consistent with the housing.
element of the General Plan of the City of Anaheim.
7. Update of Relocation Plans. In the event of
delay in implementation of a relocation plan, t~,e plan shall be
updated annually. . .
B. (302)
Replacement Housing Prior to Displacement.
1. Notices to Displaced Persons. No eligibl~
Person shall be re_c/uired to move from his Dwelling unless
o
within a reasonable period of time prior to displacement
comparable replacement Dwellings or, in the case of a temporary
move, adequate replacement Dwellings are available to such
Person.
2. Offers of Replacement Dwellings. The Agency
shall offer at least one comparable replacement Dwelling for
each displaced resident. Such offers shall be in writing, in a
language understood by the displaced resident.
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b Comparable reDlaceme,,= Dwellings will be
made available, on a priority basis, to the individual or
Family who has been temporarily rehoused.
" c. The move to temporary replacement housing
will not affect a claimant's eligibility for a replacement
housing payment nor deprive him of the same choice of
replacement Dwelling units that would have been made available
had the temporary move not been made and the costs of a
temporary move will not be considered as all or a part of
relocation payments to which a displaced resident is entitled;
d. If a project plan anticipates moves back
into replacement housing accommodations in the project, the
Person who has been temporarily displaced will be given
priority opportunity to obtain such housing accommodations;
e. The Agency will pay all eligible costs in
connection with the move to temporary replacement housing,
including increased housing costs.
D. (304) Inspections. The Agency shall inspect
each replacement Dwelling prior to the time a displaced
resident occupies it to determine if the Dwelling meets the
criteria for a comparable replacement Dwelling.
iv. ( 4o0 )
RELOCATION PAYMENTS TO DISPLACED PERSONS.
A. (401) General. The Agency shall compensate a
Displaced Person for the expenses described in Sections 402 or
403, and if eligible, Sections 404 or 405. A Displaced Person
who lives on his business property may be eligible for both the
payments described under this Section 400 and the payments.to a
displaced business provided under Section 500. Whenever the
Acquisition of real property used for a business or Farm
Operation causes the Person qonducting the business to move
from other real property, the Person shall receive payments for
moving expenses provided for under Sections 402 or 403 and
relocation advisory assistance for moving from the other
property.
Applications for benefits must be made within (18) months
from: (i) the date which the Displaced Person (in the case when
the Displaced Person is fee Owner of real property) receives
final payment for the real property acquired from said
Displaced Person, or, (ii) the date which the claimant moves
from the real property acquired, whichever is later, unless
such time is extended by the Executive Director of the Agency
or his/her designee upon a proper showing of good cause in
hia/her sole discretion.
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-28-
i. A mcv~ng expense allowance, according to the
schedule es~abilshed by %Ne Department of Housing and Community
Deve!oDmen~. The amount ef ~he moving expense allowance
depends upon the number of rooms occupied and whether the
occupant owns furniture. The schedule provides for ~he
following pal~,ent:
Occupant Owns Furniture
1 room of furniture: $ 250
2 rooms of furniture: $ 400
3 rooms of furniture: $ 550
4 rooms of furniture: $ 650
5 rooms of fur. niture: $ 750
6 rooms of furniture: $ 850
7 rooms of furniture: $ 950
8 rooms of furniture: $1,050
Each additional room: $ 100
OccuDznt Does Not Own Furniture
First room: $ 225
Each additional room: $ 35
2. A Person who has minimal personal possessions
and is in occupancy of a room shared by two or more unrelated
Persons, or a Person whose residential move is performed by the
Agency at no expense to that Person is only entitled to a
maximum fixed payment of fifty dollars ($50.00).
3. If two (2) or more Displaced Persons are joint
occupants of one (1) Dwelling unit and submit more than one (1)
claim, an eligible claimant for a payment under this Section
may be paid only his reasonable pror'ated share (as determined
by the Agency) of the total payment applicable to a single
tenant. The total of the pa,yments made to all such claimants
moving from the Dwelling unit shall not exceed the total
payment allowed to be made to a single tenant as provided in
this Section. -
D. (404)
Replacement Housing Payments for Displaced
Owner Occupants.
1. Eligibility. In addition to the payments
required by Sections 402 or 403, the Agency, shall make a
payment to the Owner of real property acquired for public use
which is improved with a Dwelling actually owned and occupied
by the Owner for not less than 180 days prior to the Initiation
of Negotiations.
0a /oq 90
0'3iiu,'2 - 2 !, '000 - 30-
Schedule Method. The Agency may base
its payments on a schedule
established by the Agency of
reasonable Accuisition costs for ~he
various tpes of comparable
replacement Dwellings. The schedule
shall be based on a current market
analysis to determine a reasonable
cost for each type of Dwelling to be
acquired. The analysls shall be
divided into classifications of the
type of construction, number of
bedrooms, and price ranges.
Comparative Method. On a
case-by-case basis, the Agency may
use a comparative method on which to
base its payment by determining the
listing price of Dwellings which have
been selected by the Agency and which
are most representative of the
Dwelling unit acquired and which
meets the definition of a compar-~ble
replacement Dwelling. Whenever
possible the listing price of at
least three Dwellings shall be
considered.
(3) Alternate Method. The Agency may
develop criteria for computing t_he
replacement housing payment for Owner
occupants where neither the schedule
method nor comparative method is
feasible.
· .
Whichever method is selected the cost shall be
updated to within three months of the date of purchase of the
replacement Dwelling.
b.- Increased Mortgage Interest. The
Executive Director of the Agency or his/her designee, shall
determine the amount, if any, which will compensate the
displaced Owner for any increased interest costs which the
Owner is required to pay for financing the Acquisition of a
comparable replacement Dwelling. The amount shall be paid only
if the Dwelling acquired by the Agency was encumbered by a bona
fide Mortgage which was a valid lien on the Dwelling for not
less than one hundred eighty (180) days immediately prior to
the Initiation of Negotiations for the Acquisition of the
Dwelling. All of the Mortgages on the acquired Dwelling shall
be used to compute the payment. The amount shall be computed
using the lesser of the principal balance of the Mortgage on
Oo/O~,'qo
76£i/000 -~2-
0~77u,~ _
In order to be considered for nhis -'=~e of payment,
claimant shall furnish proof of payment of actual incurred
e:-;~enses in the form of a certified copy oz the closing escrow
starer - ~ showing seDara~e items, receipts or statements,
and/'oz -ancelled checks.
3. Multi-Family Dwelling. In the case of a
displaced Owner occupant who is required to move from a
one-Family unit of.a multi-Family building which he owns, the
replacement housing payment shall be based on the cost of a
comparable one-Family unit in a multi-Family building of
approximately the same density or, if that is not available in
a building of the next less density, or if a comparable
one-Family unit in such a multi-Family building is not
available, the replacement housing payment shall be based on
the cost of any otherwise comparable single-Family structure.
4. Displaced Persons Who are Joint Owners of a
Dwellinq. The total amount of the replacement housing payment
to be made to Displaced Persons who were joint Owners of a
Dwelling acquired by the Agency shall be limited to the total
amount of t_he payment applicable for an individual. Such joint
Owners may be paid only their respective reasonable prorated
share of the total payment applicable for an individual.
5. 'Homeowner Retention of Dwelling. If a
displaced homeowner elects to retain, move, and occupy his
Dwelling, the amount payable as the replacement housing payment
is the difference between the Acquisition price of the acquired
property and the sum of the moving and restoration expenses,
the cost of correcting decent, safe, and sanitary deficiencies,
if any, and the actual purchase price of a comparable
relocation site. The payment shall not exceed the amount of
the replacement housing payment to which the homeowner would
otherwise be entitled. . .
6. Lease of a Condominium. The leasing of a
Condominium for. a ninety-nin~ (99) year period, or for a term
which e~¢~eds the life expectancy of the DisplaCed Person as
determined by the most recent life ~ables in Vital Statistics
of the United Sta~es, as publkshed by the Public Health Servi6e
of the Department of Health, Education and Welfare, shall be
deemed a purchase of the Condominium.
E. (405)
Replacement HousinG Payments For Displaced
Tenants And Others.
1. Eligibility. In addition to the payments
required by Sections 402 or 403, the Agency shall make a
payment to any Displaced Person displaced from any Dwelling not
eligible to receive a payment under Section 404 which was
acnually and lawfully occupied by %he Person as a permanent or
09/05/90
0677u/262~ 000 -34-
.2. Publicly funded ~ranspornation projects
snail make Daymen-s enabling the Person to lease or rent a
.... e r_.._ acemen~ ,.oiling_ ~ or a -~iod no~ ~o exceed
~or%'.f-~we (62) months, including compensation for utilities, as
provided in subdivision (b) ef Section 2~.~02 of Part 24 of
Title ~9 of the Code of Federal Regulations. Payments up to
the maximum of five thousand two hundred fifty dollars ($5,250)
shall be made in a lump sum. Should the Agency pay pursuant to
Section 700 an amount exceeding the maximum amount, payment may
be made periodically. Computation of a payment under this
subdivision to a low-income Displaced Person for a comparable
replacement Dwelling shall take into account the Person's
income.
4. Replacement Housing Payment for Down Payment.
Any Person eligible for a payment under paragraph 1 of this
Section may elect to apply the payment to a down payment on,
and other incidental expenses pursuant to, the purchase of a
decent, safe, and sanitary replacement Dwelling. The Person
may, at the discretion of the public entity, be eligible for
the maximum payment allowed ($5,250.00), except that, in the
case of a displaced homeowner who has owned and occupied the
displacement Dwelling for at least ninety (90) days but not
more than one hundred and eighty (180) days immediately prior
to the Initiation of Negotiations for the Acquisition of the
Dwelling, the'payment shall not exceed the payment while the
Person would otherwise have received under paragraph 2 of
Section 404 ($22,500.00) had the Person owned and occupied the
displacement Dwelling one hundred and eighty (180) days
immediately prior to the initiation of the negotiations.
5. DeDendents. A dependent who is residing
separate and apart from the Person or Family providing support,
whether such separate residence is permanent or temporary,
shall be entitled to payment under.this Section but such
payment shall be limited to the period during which the
displaced dependent resides in the replacement Dwelling. For
t. he purposes of this Secti6n, "dependent" shall be a Person who
derives fifty-one percent (51%) or'more of his income in the
form of gifts fr~m any private Person or any academic
scholarship or stipend. Full time students shall be presumed
to be dependents, but may rebut this presumption by
demonstrating that fifty percent (50%) or more of their income
is derived from sources other than gifts from another private
Person or academic scholarship or stipends.
Dependents residing with the Family of which they
are a part shall not be entitled to any payment, except as a
part of the Family.
F. Proration of Payments. For the purpose of
calculating an ai~ernate paymenL under Section 403, or a
replacement housing payment under Sections 404 or 405, ~wo or
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0677u/262!/000
-36-
a. The cos~, directly related to disp!acemen%
and subject to the limitation imposed by paragraph 501(i)b
(1) Any addition, improvement, alteration
or other physical change in or to-.any
structure or its premises in
connection with the reassembling,
reconnection (excluding deposits) or
reinstallation of machinery,
equipment or other Personal Property
not already acquired by or
compensated for by the Agency. At
its discretion, the Agency may
compensate a displaced business or
farm for any addition, improvement,
alteration or other physical change
otherwise required to render such
structure, premises, or equipment
suitable for the business or farm's
use. All expenses must be determined
in advance of any.work being done by
obtaining three (3) bids from
reliable sources as approved by the
Agency.
(2) Modifying the machinery, equipment or
.other Personal Property not already
acquired .by or compensated for by the
Agency to adopt it to the replacement
location or to utilities available at
the replacement location or modifying
the power supply.
b. Claims for payment, under this subsection
shall be subject to the following limitations:
(1) R6imbursable costs shall be
reasonable in amount.
(2) The cost shall-be found by the Agency
to be required by law or ordinance or
to be otherwise necessary to the
reestablishment of the displaced
business or farm.
(3) The cost could not be avoided or
substantially reduced at an alternate
available and suitable site to which
the business was referred.
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0677u/2621/000
-38-
c. ~-~he:e an item o£ Personal Proper~y which
is used in connection with any business or Farm Operation is
xo~ moved, but is replaced winh a comparable item,
reimburs--~-t= ..... .~ _~n an ar~oun% not ~o exce~d~ the lesser of the
following-
(1) the replacement cost, minus any net
proceeds received from its sale; or
(2) the estimated cost of moving.
2. Self-Moves. In the event that a displaced
business requests eligibility to perform a self-move, the
amount of payment to be allowed pursuant to Section 501 shall
not exceed the estimated cost of moving commercially. The
self-move request must be approved in advance, in writing, and
must be accompanied by a statement releasing t, he Agency from
any and all liability in connection with the self-move.
The estimated cost of moving commercially shall be
based on the lowest responsible bid or estimate from at least
two reputable moving firms submitted by the Owner of the
displaced business to the Agency at .least 15 days prior to the
move. The Agency reserves the right to retain additional bids
if the Agency determines it is necessary under is sole
discretion. The estimated cost of moving commercially shall
include the cost (if any) of obtaining such bids or estimates.
The amount to be paid to the claimant shall be agreed upon the
claimant and Agency in writing in advance of t_he move. When a
claimant is represented by a consultant, the above requirements
still apply. Payment shall be made by the Agency upon
presentation of the paid, receipted and itemized bill after the
claimant has moved from the premises. If this presents a
financial hardship on the displaced business, the Agency may
pay the mover directly upon presentation of an itemized bill
after the displaced business has moved from the premises.
3. Personal ProPerty of Low Value and High
Bulk--Business or Farm Operation. In the event that the cost
of moving any item-of Personal Property of low value and high.
bulk which is used in connection with any business or Farm
Operation would be disproportionate in relation to the value,
as determined by the Executive Director of the Agency, or
his/her designee, the payments made pursuant to Section 501
shall not exceed the difference between the amount which would
have been received for such item on liquidation and the cost of
replacing the same with a comparable item available on the
market. This limitation is specifically applicable to claims
involving the moving of junkyards, stockpiles, sand, gravel,
minerals, meLals and similar items of Personal Property.
09/05/90
~ , '262i/000 -aO-
067 /u/ , -
e. Loss of goodw~i!.
ross of ~rofins
g.
Loss of ~rained em~c, vees
h. Personal injury.
i. Costs for storage of Personal Property on
real property already owned or leased by the Owner of the
displaced business.
B. (502) Expenses In Searchinq For A Replacement
Site For The Displaced Business. An Owner of a displaced
business shall be compensated for the actual and reasonable
expenses incurred in searching for a replacement site for the
displaced business. The total amount of the payment by the
Agency for such expenses in searching for a replacement site
for the displaced business shall not exceed One Thousand
Dollars ($1,000.00). All claims for reimbursement, under this
Section must be documented to the Agency's satisfaction.
Expenses which qualify for reimbursement, up to the total
maximum payment of $1,000, pursuant to this Secticn 502 include:
1. The actual expense of transportation, meals,
and lodging away from home.
2. The expense attributable to the time spent in
searching for a replacement site computed on the hourly wage
rate of the salary or earnings of the Owner of the displaced
business or his representative or employee, but not to exceed
ten dollars ($10.00) per hour.
3. Fees paid to a real estate agent or broker to
locate a replacement business or farm, exclusive of any fees or
commissions related to the purchase of such site.
Ail expenses claimed, ~or except for the expense incurred
pursuant to paragraph 2 of thi~ Section must be supported by
receipted bills. Payment for_ time spent in search shall be
made on the basis of a certified statement submitted by the
claimant.
C. (503) Actual Direct Losses Of Tangible Personal
Property. An Owner of a displaced business or Farm Operation
shall be compensated for the actual direct loss of tangible
Personal Property attributable to relocating or discontinuing
~he displaced business or Farm Operation. The total amount of
the payment by the Agency for such direct loss of Personal
Property shall no% exceed an amount equal to the reasonable
o9/o5/9o
0677u/2621/000 -42-
f. Licenses, fees ~nd permits when nou paid
as part of moving expenses.
go
marketing s~udies.
Feasibility surveys, soil testing and
h. Advertisement of replacement location, not
to exceed one thousand five hundred dollars ($1,500).
i. Professional services in connection with
the purchase or lease of a replacement site.
j. Estimated increased costs of operation
during the first two (2) years at the replacement site, not to
exceed five thousand dollars ($5,000.00), for such items as:
(i) Lease or rental charges;
(ii) Personal or real property taxes,
(iii) Insurance premiums, and
(iv) Utility charges, excluding impact fees.
k. Impact fees or one-time assessments for
anticipated heavy utility usage.
-- 1. Other items that the Agency considers
essential to the reestablishment of the Business.
2. Ineliqible Expenses. The following is a
nonexclusive listing of reestablishment expenditures not
considered to be reasonable, necessary, or otherwise eligible:
a. Purchase of capital assets, such as,
office furniture, filing cabinets, machinery, or trade fixtures.
b. Purchase of manufacturing materials,
production supplies, product inventory, or other items used in
the normal course of the Business operation.
c. Interior or exterior refurbishments at the
replacement site which are for aesthetic'purposes, except as
provided in paragraph (1)(e) of this Section.
d. Interest on money borrowed to make the
move or purchase the replacement property.
e. Payment to a part-time Business in the
home which does not contribute materially to the household
income.
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0677u/2621~ 000
-44-
{~) actual rent, or (iii) econemic ten% fer ~he replacement
sile, up te a maximum ef fifteen theusand dellars {$15,000}.
The payment may be prera~ed ~e ref!ec~ ~Ne space eccupied at
~he re~!acement s±~e.
3. Benefits for Businesses Electing to Purchase.
A displaced business electlng to purchase may be eligible for a
Business Facility Payment to be used as a downpayment on a
replacement business facility not to exceed the amount set
forth in Paragraph 2 above. The amount of the payment shall be
determined by the Executive Director of the Agency or his/her
designee, in accordance with the following criteria:
a. An amount equal to the difference for one
year between the actual or economic.rent of the old location,
whichever is higher, and the lesser of the (i) comparable rent,
(ii) actual rent, or (iii) economic rent for the replacement
site (which may be prorated to reflect the space occupied at
displacement site) will be paid into an escrow toward the
downpayment provided that the Owner of the business actually
purchases the replacement site. The payment shall not exceed
fifteen thousand dollars ($15,000) minus any compensation
received for rental or purchase costs as a Business
Reestablishment Payment.
..
The term "rent" shall include the following
items, if required to be paid by the tenant:
(1) Actual rent,
(2) Utilities,
(3) Taxes,
(4) Property insurance and maintenance
expenses.
4. Limitation. Business Owner Occupants must
apply for the Replacement Business Facility Payment within one
(1) year from the earlier or-the following dates:
a. The date of receipt by the business Owner
occupant of compensation for the property;
b. The date of the physical displacement from the
acquired property;
c. The date that the Agency deposits the full
amount of estimated just compensation in court in the case of
condemnation.
0a. ,,/05/90
0677u/2621/000 -46-
7, azronage and (2) ~ha% ~he business is no~ a par~ of a
commercial enterprise having at least one other establishment
nc~ being acquired which is engaged in the same or similar
business.
Additionally, to be eligible for this payment, the
business must contribute materially to the income of the
displaced Owner. A party, individual or Family occupation in
the home which does not contribute materially to the income of
the displaced Owner is not eligible for this payment.
The determination of the loss of existing patronage
shall be made by the Executive Director of the Agency or his
designee, only after consideration of all pertinent
circumstances, including but not limited to the following
factors:
a. The type of business conducted by the
displaced business.
b. The nature of the clientele of the
displaced business.
In determining whether the displaced business is a
part of a similar business enterprise having at least one other
establishment not being acquired, or in determining whether two
or more displaced legal entities constitute a single business
which is entitled to only one fixed payment, the Agency shall
consider the following factors:
a. The extent to which the same premises and
equipment are shared;
b. The extent to which substantially
identical or intimately interrelated business functions are
pursued and the business and financial affairs are commingled;
c. The extent to which such entities are held
out to the public, and to those customarily dealing with such
entities, as one business; and,
d. The extent to which the same Person or
closely related Persons own, control or manage the affairs of
the entities.
In regard to an outdoor advertising display, payment
shall be limited to the amount necessary to physically move or
replace that display, whichever is less.
A Person whose sole business at the displacement
Dwelling is the rental of the property to others shall not
cualify for a payment under this Section.
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0677u/2 6£-I/000
-48-
2. A Person who remus a Mobile Home and si~e, and
ac = --~,,!acemen% renzs cr ourchases a Dwelling and site, shall
be u, revided a payment in accords:ice wiLh Section ~105.
3. A Person who owns a Mobile Home and site, and
as a replacement purchases a Dwelling and rents a site, shall
be provided a payment in accordance with Sections 404 and 405.
The payment shall be limited to the lesser of:
a. The amount necessary to purchase a
conventional comparable replacement Dwelling; and
b. The amount necessary to purchase a
replacement Mobile Home (in accordance with section 404) plus
the amount necessary to rent a replacement site (in accordance
with Section 405). In calculating this amount, the economic
rent for the site shall be used in lieu of average monthly
rental to determine the base monthly rental.
4. A Person who owns a site from which he moves a
Mobile Home shall be provided a replacement housing payment
under Section 404 if he purchases a replacement site, and under
Section 405 if he rents a replacement
..
5. A Person who owns a Mobile Home which is
acquired and rents the site shall be provided payment as
follows:
a. If a Mobile Home is not available the
amount required to purchase a conventional replacement Dwelling
(in accordance with Section 404);
b. The amount necessary to purchase a
replacement Mobile Home (in accordance with Section 404) plus
the amount necessary to lease, rent or make a downpayment on a
replacement site (in accordance with Section 405); or
c. If he elects to rent a replacement Mobile
Home and site, the amount required to do so in accordance with
Section 405. In calculating this payment, the average monthly
rental shall equal the economic rent for the Mobile Home plus
the actual rent for the site.
6. Similar principles shall be applied to other
possible combinations of ownership and tenancy upon which a
claim for payment might be based.
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c. ( 70B )
Citi-en Participation.
i. If ~he need for last resort housing exceeds
~wen~y-five (25) unl~s, the Agency shall establish a committee
which will consult with and provide advice and assistance to
the Agency in the development of the plan. The committee
should include appointed representatives of the displacing
entity and state and local agencies knowledgeable regarding
housing in the area, including but not limited to the local
housing authority and the central relocation agency, if any.
In addition, the committee should include representatives of
other appropriate public groups (for example, local and area
wide planning agencies) and private groups knowledgeable
regarding housing and the problems.of housing discrimination.
2. The committee shall include representatives of
the residents to be displaced. These representatives may be
appointed by the Agency or elected by the residents, as the
residents wish. Resident representatives shall, at a minimum,
constitute one-third of the committee membership. Votes shall
be allocated so that the total votes of resident
representatives shall equal one-half of the total votes of the
committee membership.
..
3. The plan must be approved by the vote of a
simple majority of the committee membership. In the event the
committee fails to approve the plan, the City Council of the
City of Anaheim may substitute its approval.
D. (704) Submission of Plan for Comment. The
Agency shall submit the plan and all significant amendments to
the Department of Housing & Community Development and local
housing and planning agencies for comment and to assure that
the plan accurately reflects housing-conditions and needs in
the relocation area. Reviewing agencies shall have thirty (30)
calendar days following receipt of the plan to prepare their
comments. Copies of all comments received shall be forwarded
to the committee and available to all interested Persons.
General notice of the plan shall be provided. Notice
shall be designed to reach the residents of the relocation
area; it shall be in accordance with the provisions of
paragraph 4 of Section 203 and subsection 203(1)(c) and it
shall be provided 30 days prior to submission to the committee,
or the City Council of the City of Anaheim.
E. (705) Determination by Agency of Feasibility and
Compliance. Upon receipt and consideration of the comments,
the Agency shall determine whether-
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O. (707) ConformiC! with SsaCutes and Reau!aZlons.
The provision cf last resor~ nous'ng by the Agency shall be in
accori with the provisions of che Rumford Act (Hea!~h & SafeEv
Cede Sec%ions 35700, e~ seq.), Section 1 of the Civil Rights -
Act of 1866, Title VI of the Civil Rights Act of 196e,
Title VIII of the Civil Rights Act of 1968, the Unruh Civil
Rights Act (Civil Code Sections 51, et seq.), the California
Fair Housing Law (Public Resources Code Sections 21100, et
seq.), and the California Environmental Quality Act of 1970,
and regulations issued pursuant thereto.
H. (708) Monitoring Housing Production. The Agency
shall monitor the production of last resort housing to ensure
that it is in accordance with the plan.
I. (709) Retention Of Benefits Upon Move To Last
Resort Housinq. The Agency shall not require a displaced
resident to accept last resort housing in lieu of the displaced
resident s Acquisition payment, if any, for the real property
from which he is displaced or the relocation payments for which
he may be eligible.
J. (710) Last Resort Housing Payments. If Last
Resort Housing_is to be provided by making payments above the
maximum Replacement Housing Payment provided in Section 405,
these payments shall be administered as follows:
1. The Displaced Person must meet the criteria
established for eligibility for a rental assistance payment
pursuant to Section 405.
2. The Last Resort Housing Payment will be
computed as follows:
. .
a. The amount of comparable replacement
housing (including utilities) or the amount of actual
replacement housing, whichever is less, will be used as the
base rent figure.
b-. From this figure, twenty-five percent
(25~) of the verified income of the displaced Family or Person,
or gross Project Area rent (including utilities), whichever is
less, will be subtracted.
c. The difference between paragraphs (a) and
(b) will be divided into five thousand two hundred and fifty
dollars ($5,250), which will result in the number of months the
five thousand two hundred and f~fty dollar ($5,250) Rental
Assistance Payment subsidy would last.
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of the Last Resort Housing Payment when the Agency, a~ its sole
discreYicn, deYermlnes tha~ such paymen~ ls justified.
GRIEVANCE PROCEDURES.
A. (801) Right of Review. Any Person who believes
himself aggrieved by a determination as to eligibility, the
amount of payment, the failure of the Agency to provide
comparable permanent or adequate temporary replacement housing
or the Agency's property management practices may, at his
election, have his claim reviewed and'reconsidered by the
Agency or an authorized designee (other than the Person who
made the determination in question) in accordance with the
procedures set forth below.
B. (802) Notification of Decision. If the Agency
denies or refuses to consider a claim, the Agency's
notification to the claimant of its determination shall inform
the claimant of its reasons and the applicable procedures for
obtaining review of the decision. If necessary to provide the
information in the language most easily understood by the
recipient, such notification shall be printed in a language
other than English.
c. (s03>
Stages of Review.
1. Request for Further Written Information. A
complainant may request the Agency to provide him with a full
written explanation of its determination and the basis
therefore, if he feels that the explanation accompanying the
payment of the claim or notice of the Agency s determination
was incorrect or inadequate.
The Agency shall provide such an explanation to the
complainant within three (3) weeks of-its receipt of his
request.
2. Informal Orai Presentation. A complainant may
request an informal oral presentation before seeking formal
review and reconsideration. The right to formal review and
reconsideration shall not be conditioned upon requesting an
informal oral presentation.
Within fifteen (15) days of the request, the Agency
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 wi%h the Executive
Director of the Agency or a designee (other than the Person who
made 5he ini%ial determination) having au%hori%y to revise the
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All ma%er~al upon which %he Agency
based its original determination,
including all applicable rules and
regulations, except that no evidence
shall be relied upon where a
complainant has been improperly
denied an opportunity to controvert
the evidence or cross-examine the
witness;
(2) The reasons given by the complainant
for requesting review and
reconsideration of the claim;
(3) Any additional written or relevant
documentary material submitted by the
complainant;
(4) 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.
-.e. Findings and Recommendations by Relocation
Appeals Board. The findings and recommendations of the
Relocation Appeals Board shall include:
(1) A determination regarding whether the
Agency has complied with the Act and
the Guidelines, and where applicable
with federal law, pertaining to the
relocation;
(2) Recommendations for modification of
the Agency's initial determination.
(3) Th~ factual and legal basis upon for
the findings and recommendations of
the-Relocation Appeals Board
including any pertinent explanatio~
or rationale;
(4) A statement to the complainant that
the findings and recommendations of
the Relocation Appeals Board will be
transmitted to the "Agency Board" for
a final administrative decision with
respect to the claim.
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recommendations of the Reioca~ion Appeals Board. In the case
of complaints dismissed for unnimeliness or for any reason not
based on the merits of ~he claim, the Agency shall furnish a
written sta~emen~ to nhe complainant stating the reason for
dismissal of the claim as soon as possible but no later than
two (2) weeks from ~he receipt of the. last material submitted
by the complainant or the date of the hearing, whichever ls
later.
D. (804) Time Limit for Re~uestinq Review. Any
request for review under paragraph 2 (informal review) and
paragraph 3 (formal review) of Section 803 shall be filed in
writing with the specified reviewing authority within eighteen
(18) months following the date of moving from the property or
the date of receiving final compensation for the acquired
property (if a displaced Owner), whichever is later.
E. (805) Stay of Displacement Pendinq Final
Determination. If a complainant seeks to prevent displacement,
the Agency shall not require the complainant to move until at
least twenty (20) days after the Agency has made its final
determination and the complainant has had an opportunity to
seek judicial review. In all cases the Agency shall notify the
complainant in writing at least twenty (20) days prior to the
proposed new da~e of displacement.
A~y complaint seeking to prevent displacement must
be brought within thirty (30) days of service by the Agency of
a notice to vacate. Such notice to vacate must include notice
that any complaint seeking to prevent displacement must be
filed within thirty (30) days.
F. (806) Joint Complainants. Where more than one
Person is aggrieved by the failure of the Agency to refer them
to comparable permanent or adequate temporary replacement
housing, the complainants may join in filing a single written
request for review. A deter~),ination shall be made as herein
provided for each of the complainants.
G. (807) Right to-Counsel. Any aggrieved party has
a right to representation by legal or other counsel at his
expense at any and all stages of the proceedings set forth in
this Section.
H. (808) Review of Files by Claimant. Except to
the extent that confidentiality of material'is protected by law
or its disclosure is prohibited by law, the Agency shall permit
the claimant to inspect all files and records bearing upon his
claim or the prosecution of the claimant's grievance. The
Agency may impose reasonable conditions on such right to
inspect. If a claimant is improperly denied access to any
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appraise the real property as soon as possible after the
decision to appraise has been reached. AT a minimum the notice
shall staze the following-
a. A specific area is being considered for a
particular public use;
area;
b o
The Owner's property is located within the
c. The Owner's property, which shall be
generally described may be acquired in connection with the
public use;
d. A statement that the Owner or the Owner's
representative (designated in writing) shall be given the
opportunity to accompany each appraiser during an inspection of
the property.
2. Notice of Land Accuisition Procedures. At the
time the Agency notifies an Owner of its decision to appraise
real property it shall furnish the Owner with a written
explanation of its land Acquisition procedures, describing in
nontechnical, understandable terms the Agency's Acquisition
procedures and ..the principal rights and options available to
the Owner. The statement shall include the following
explanations:
a. A description of the basic objective of
the Agency's land Acquisition program and a reference to the
availability of the Agency's statement covering relocation
benefits for which an Owner may be eligible;
b. A statement that if the Acquisition of any
part of the real property would leave- the Owner with an
uneconomic remnant the Agency will offer to acquire the
uneconomic remnant, if the qwner so desires;
c. A statement that the Owner or his
representative, designated in writing, shall be given the
opportunity to accompany each appraiser during his inspection
of the property.
d. A statement that, if the Owner is not
satisfied with the Agency's offer of just compensation, he will
be given a reasonable opportunity to present relevant material,
which the Agency will carefully consider, and that if a
voluntary agreement cannot be reached, the Agency (as soon as
possible) will either institute a formal condemnation
proceeding against the property or abandon its intention to
acquire the property, giving notice of its intention not to
acquire in accordance wiEh Section 9!0.
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carcu.-.,s~ances resuiuing i~-., probable re~enuion of old cr
Acquisition ef new patrenaqe.
Any decrease or increase in Eke fair marken value of
real property ~o be acquired prier te ~he date of va!ua~ion
caused by the prolect for which such property is acquired, or
by the likelihood that the property would be acquired for such
project, other than that due to physical deterioration within
~he reasonable control of the Owner or occupant, will be
disregarded in determining the compensation for the property.
2. Exception for Property Offered by Owner.
Notwithstanding paragraph 1 above, the Agency may make an offer
to the Owner or Owners of record to acquire real property for
less than an amount which it believes to be just compensation
therefor if:
(a) the real property is offered for sale by
the Owner at a specified price less'than the amount the Agency
believes to be just compensation therefor;
(b) the Agency offers a price which is equal
to the specified price for which the property is being offered
by the Owner; and
..
(c) no federal funds are involved in the
Acquisition, construction, or project development.
"Offered for sale" means any of the following:
a. Directly offered by the Owner to the
Agency for a specified price in advance of negotiations by the
Agency.
b. Offered for sal-e-to the general public at
an advertised or published, specified price set no more than
six (6) months prior to and still available at the time the
Agency initiates contact, wfth the landowner regarding the
Agency's possible Acquisition of the property.
E. (905) Donation of Property, Acquisition of
Entire Property.
1. Exception for Property or Compensation Donated
by Owner. A Person whose real property is being acquired in
accordance with the Act may, after the Person has been fully
informed of his or her right to receive just compensation for
the property dcnate the property, any part thereof, any
interest therein or any compensation paid therefor to a public
entity determined by the Person.
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be acquired, or by ~he likelihood
that ~he property would be acquired
for such project, other than that due
~o physical deterioration within ~he
reasonable comnrol of the Owner or
occupant;
(4) Does not reflect any consideration of
or allowance for any relocation
assistance and payments or other
benefits which the Owner is entitled
to receive under an agreement with
the Agency, except for an amount to
compensate the Owner for that portion
of loss of goodwill under the Eminent
Domain Law (Code of Civil Procedures
§§ 1230.010, et se~.);
G. (907) Compensation for Loss of Goodwill. At the
initiation or. negotiations the Agency shall make every
reasonable effort to provide written notification to the Owner
of a business conducted on the real property to be acquired or
on the remainder, who is not also the Owner of the real
property, concerning his possible right to compensation for
loss of goodwill. The public entity should include a copy of
the pertinent ~rovisions of the Eminent Domain Law (Code of
Civil Procedures §§ 1230.010, et seq.).
Notwithstanding any other provisions of Section 900 to
the contrary, the procedure for determining and offering
compensation for loss of goodwill in connection with the
Agency's Acquisition of any property shall be governed by the
following:
1. Compensation Gen~all¥. With respect to the
Owner of a business conducted on pr6perty acquired by the
Agency, or on the remainder if such property is part of a
larger parcel, the amount o~ just compensation to be paid by
the Agency may include consideration of loss of goodwill, to
the extent required by law. -
Within the meaning of this Section, "goodwill"
consists of the benefits that accrue to a business as a result
of its location, reputation for dependability, skill or
quality, and any other circumstances resulting in probable
retention of old or Acquisition of new patronage.
In order to be entitled to compensation for loss of
goodwill such Owner of a business shall first have proved all
of the following:
a. The loss is caused by the Acquisition of
the property or the injury to the remainder;
0 9/0 5/9 0
0677u/2621/000
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3usz ccmDensation for loss of goodwzll no which the business is
en~i~!ed, considering-
a. The amount The Agency believes for
negotiating purposes to be the ~o~al amount of loss of goodwill
of +~ ' ·
==.e business and
b. Any compensation for loss of goodwill the
Agency determines is included in paymen%s made or to be made
under Section 500.
6. Notice to Owner; Written Offer. As soon as
possible after the net amount of just compensation(if any) for
loss of goodwill has been calculated, the Agency shall make its
written offer to the business Owner/claimant to compensate the
claimant in such amount.
7. Eminent Domain. Notwithstanding any other
provision of this Section to the contrary, in the event an
eminent domain proceeding is brought by the Agency to acquire
any property, the Owner of any business thereon shall seek
compensation for loss of goodwill in correction with such
eminent domain proceeding, and the failure to do so shall
constitute a waiver of compensation for loss of goodwill.
H. (908) Additional Information.
1. If after receiving the Agency's offer the Owner
requests additional information regarding the determination of
3ust compensation, the Agency may provide the following
information to the extent that the determination of just
compensation is based thereon:
a. The date of valuation used.
b. The highest and best use of the property.
c. The applicable zoning.
d. Identification of some of the sales',
contracts to sell and purchase, and leases supporting the
determination of value.
e. If the property is a portion of a larger
parcel, a description of the larger parcel, with sufficient
detail for reasonable identification.
2. With respect to each sale, contract, or lease
provided in accordance with paragraph 1.d above the following
data should be provided:
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4. if a modificaZlon in Zhe Agency's determination
0£ just compensation is warranted, an appropriate price
ad]us~men~ shall be made and Zhe new amount determined to be
just compensation shall be ~romptly offered in writing to the
Owner.
In no event shall the Agency either advance the time
of condemnation, or defer negotiations or condemnation on the
deposit of funds in court for the use of the Owner, or take any
other action coercive or misleading in nature, in order to
compel or induce an agreement on the price to be paid for the
property.
If any interest in property is to be acquired by
exercise of the power of eminent domain the Agency shall
promptly institute formal condemnation proceedings. The Agency
shall not intentionally make it necessary for an Owner to
institute legal proceedings to prove the fact of the taking of
his property.
K. (911) Notice of Decision Not to Acquire.
Whenever the Agency has forwarded a Notice of Intent to
Displace or a Notice of Decision to Appraise, or has made a
firm offer and subsequently the Agency decides not to acquire
the property, the Agency shall serve a notice in writing to the
Owner, all Persons occupying the property and all other Persons
potentially eligible for relocation payments and assistance.
The notice shall state that the Agency has decided not to
acquire the property. It shall be served not later than ten
(10) days following the date of the Agency's decision not to
acquire. Upon receipt of such notice any Person shall be
deemed not to be a Displaced Person.
L. (912) Incidental Expenses. If the real property
is acquired by purchase the Agency shall reimburse the Owner
for all reasonable expenses the Owner necessarily incurred
incidental to the conveyance of such property to the Agency.
Among the expenses requiring'payment are the following:
1. Recording fees, transfer fees and similar
expenses incidental to conveying the real property;
2. The pro rata portion of charges for public
service such as water, sewage, and trash collection which are
allowable to a period subsequent to the date of transfer of
title to the Agency, or the effective date of possession Of
such property by the Agency, whichever is earlier.
The Agency shall inform the Owner that he may apply
for a rebate of the pro rata portion of any real property taxes
paid.
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