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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; 09/05/90 0677u/2621/000 -22- 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; 09/o5/9o 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. 09/05/90 0677u/2621/000 -26- 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. 09/05/90 0677u/2621/000 -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 09/05/90 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. 09/05/90 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. 09/05/90 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. 09/05/90 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. 09/05/90 0677u/2621/000 -50- 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- 09/05/90 OG7?u,/2621/'O00 -52- 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. 09/05/90 0677u,'262~ OO0 -5~- 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 09/05/90 0677u,/262i/000 -56- 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. 09/05/90 C 677u/2621/000 -58- 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 09/05/90 0677u/2621/000 -60- 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. 09/05/90 0677u/2 621/000 - 62- 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. 09/05/90 0677u/262- '000 6~ 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 -66- 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: 09/05/90 0677u/2621/000 -68- 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. 09/05/90 0677u/2621/000 -70-