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1983: RDA area 1 - Relocation Guidelines Nov. 11, 198311 MEMORANDUM CITY OF LA QUINTA To: Honorable Chairman and Members of the Redevelopment Agency From: Frank M. Usher, Executive Director Date: November 11, 1983 Subject: Relocation Assistance Guidelines The California redevelopment law establishes certain requirements relative to relocation assistance for any persons who may be displaced by redevelopment activity. It is not anticipated that any relocation of persons will be necessary under our plan. The flood control work will be done in unoccupied areas. Any involvement in the commercial area will probably only affect vacant properties. No use of eminent domain power is allowed with respect to residentially zoned land without the consent of the owner. However, we are advised by our special Counsel that it is advisable to adopt Relocation Assistance Guidelines for the Redevelopment Project. The accompanying guidelines are provided by the California Department of Housing and Community Development, and are in compliance with current law. They provide, in essence, a structure to comply with the requirements of present law relative to relocation assistance. Adoption of the accompanying resolution is respectfully recommended. .� f n RESOLUTION NO.RA-83-20 RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING AND ADOPTING RELOCATION ASSISTANCE GUIDELINES FOR THE LA QUINTA REDEVELOPMENT PROJECT WHEREAS, the La Quinta Redevelopment Agency was duly created under the provisions of the Community Redevelopment Law of the State of California; and WHEREAS, the Agency has initiated proceedings for the adoption of a redevelopment plan for the La Quinta Redevelopment Project Area (the "Project Area"). NOW, THEREFORE, THE LA QUINTA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Relocation Assistance Guidelines attached hereto, labeled Exhibit "A" and incorporated herein by this reference, are hereby approved and adopted. Section 2. The Relocation Assistance Guidelines ® approved by Section 1 hereof are hereby supplemented for the purpose of local application by the Agency as follows: (a) Any reference to "public entity" shall be deemed to be a reference to the Agency unless the context requires otherwise. (b) 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 pursuant to Section 6038 of the Guidelines in connection with specific development projects that will result in displacement. 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 Seciton 6156(b) of the Guidelines shall be made to the Executive Director or his 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 Executive Director or his designee. Unless a written appeal is filed, all determinations of the Executive Director shall be final ten (10) days from the date notice of such determination is delivered in person to the 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 RESOLUTION NO. RA 83-20 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 on 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta Redevelopment Agency thisl5th day of November . 1983, by the following vote: AYES: Agency Members Allen, Henderson, Wolff and Chairr•an Baier. NOES: None. ABSENT: Agency Member Cox. C airman, La Quinta Redevelopment Agency ATTEST: ecret ry L uinta Redevelopment Agency 6382P/2338/00 -2- .r-ATL OF C.LLI?ORWA EDA'I:MD G. R]OW?, JL G.. DEPARTMENT OF HOUSING AND COMMUNITY 607 - 13th Street, Sacramento, CA 95814 915) 445-4775 Dear Friends: DEvao?MENT EL C u V `+November 1, 1976 Several months ago the Department of Housing and Community Development gave notice of our intention to adopt regulations interpreting the obligation of public entities and certain others to provide relocation assistance and benefits and to be guided by certain policies and practices in purchasing real property. These regulations were adopted by the department on October 19, 1976. A copy is enclosed. Interest in the proposed regulations was widespread. Those submitting criticisms or suggestions included private citizens, public officials, public„ private and legal aid attorneys and community group representatives. We carefully con- sidered the many criticisms and suggestions and, in response, made significant revisions in the proposed text. In our opinion the final text is much improved as a result of the many excellent comments we received. We wish to thank all of those who provided oral or written comment. We found the comment and review process to be very beneficial. We hope you found it satisfying. Sincerely, Arnold C. Sternberg Director Enclosure i A CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES CALIFORNIA ADMINISTRATIVE CODE, TITLE.25, CHAPTER 6 INDEX Article 1. General Sections 6000. Order of Adoption 6002. Statement of Purpose and Policy 6004. Applicability and Supersedure 6006. Regulations 6008.. Definitions 6010.. Prior Determinations 6012. Citizen Participation 6014. Prerequisite to Displacement 6016. Remedies 6018. Priority of Federal Law 6020. Severability Page 2 Article 2. Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing 8 Sections 6030. Purpose ' 8 9 6032. .-Relocation Assistance Advisory Program 6034. '-Eligibility 9 6036. Rehabilitation, Demolition, Code Enforcement- 10 6038. 6040. Relocation Plan Minimum Requirements of Relocation Assistance Advisory Program 10 11 _ 6042. Replacement Housing Prior to Displacement; Notices to Displaced Persons 12 13 6044. Temporary Move 13 6046. Informational Program 14 6048. Survey and Analysis of Relocation Needs 6050. Failure to Conduct Timely and Effective Survey 15 6052. Survey and Analysis of Available Relocation Resources 16 6054. Last Resort Housing 17 6056. Termination of Relocation Assistance 18 6058. Eviction 18 18 6060. Evaluation of Relocation Page 11 Article 3. Relocation Payments Sections 6080. Purpose 6082. Relocation Payments by Public Entity v 6084. Basic Eligibility Conditions 6086. Notice of Intent to Displace 6088. Filing of Claims; Submission of Tax Returns ../6090. Actual Reasonable Moving.Expenses .-6092.:_.Actual Direct Losses of Tangible Personal.Property ✓6094. Actual Reasonable Expenses.in Searching for a Replacement . Business or Farm . . 6096. Moving Expenses -- Outdoor Advertising Businesses 6098. Alternate Payments --Individuals and Families 4100. Alternate Payments - Businesses and Farm Operations 6102.: Replacement Housing Payments for Homeowners •-6104._ Replacement Housing Payments for Tenants and Certain Others 6106. Proration of Payments 6108.: Condition of Replacement Dwelling 6110.: Certificate of Eligibility 6112.: Mobile Homes 6114. Affected Property Article 4. Last Resort Housing Sections 20 20 20 20 20 20 20 23 23 . 23 24 24 26 29 31 31� 32 32 33 33 6120. Purpose ::_.; 33 6122.-. Determination of Need for Last Resort Housing 34 6124. Development of Replacement Housing Plan 34 6126. Submission of Plan for Comment 35 6128. Determination by Displacing Public Entity of Feasibility and Compliance 35 6130._ Implementation of the Replacement Housing Plan 35 6132.- Housing Production 36 6134.::_Jointly Sponsored Development 36 6136.:Last Resort Housing in Lieu of Payments -36 6138._:Conformity with the Act and Other Statutes, Policies and Procedures 36 Article S. Grievance Procedures 36 Sections 6150. Purpose 36 6152. Right of Review 36 6154. Notification to Complainant 37 6156. Stages of Review by a Public Entity 37 6158. Formal Review and Reconsideration by the Public Entity '38 6160. Refusals to Waive Time Limitation ..:39 LEI, ®f r Paqe 6162. Extension of Time Limits 39 6164. Recommendations by Third Party 39 6166. Review of Files by Claimant 39 6168. Effect of Determination on Other Persons 39 6170. Right to Counsel 39 6172. Stay of Displacement Pending Review 39 6174. Joint Complainants 40 6176. Judicial Review 40 Article 6. Acquisition Policies' 40 Sections 6180. Purpose 40 6182. Acquisition 40 6184. Notice of Decision to Appraise 43 6186. Time of Offer 43 6188. Notice of Land Acquisition Procedures 43 6190. Notice of Public Entity's Decision Not to Acquire 44 6192. Incidental Expenses 44 6194. Short Term Rental 44 6195. Public Information 44 6196. Service of Notice 44 6198. Nonpossessory Interest Exception 44 LJ FOR HUNG M:: ,"'STRANVE RPGULATICNS WITH THE SECRETARY OF STATE (rrn.nM le Go..r ni-.M Cnd. S.tt;w 11780.1) Chapter 6. Relocation Assistance and Real Property Acquisition Guidelines Article 1. General. Order of Adoption 6000./ This subchapter is adopted pursuant to the provisions of Section 41135, Health and Safety Code, in order to implement, interpret and to make specific provisions of Division 7, commencing with Section 7260 of the Govern- ent Code (hereinafter referred to as the "Act"), relating to relocation assistance, last resort housing and real property acquisition. 6002. Statement of Pur ose and 'Icy - (a) The purpose of the Guide- lines is to assist public entities LPN development of regulations and procedures implementing the Act. (b) The Guidelines are designed to carry out the following policies of the Act: (1) To ensure that uniform, fair and equitable treatment is afforded persons displaced from their homes, businesses or farms as a result of the actions of a public entity in order that such persons shall not suffer dis- proportionate injury as a result of action taken for the benefit of the public as a whole; and - (2) In the acquisition of real property by a public entity, to ensure consistent and fair treatment for owners of real property to be acquired, to encourage and expedite acquisition by agreement: with owners ..of such property in order to avoid litigation and relieve congestion in courts, and to promote confidence in public land acquisition. (c) A public entity shall not participate in or undertake a -project that vill displace individuals from their homes unless comparable replacement dwell- ings (see subsection 6008(c)) will be available within a reasonable period of time prior to displacement. (d) The Guidelines are intended to establish only minimum requirements `or relocation assistance and payments. They shall not be construed to limit Iny other authority or obligation which a public entity may have to provide Idditional assistance and payments. (e) The Act and the Guidelines are intended for the benefit of displaced persons, to ensure that such persons receive fair and equitable treatment and to not suffer disproportionate injuries as the result of programs designed for :he benefit of the public as a whole. The Act, Guidelines and all applicable -egulations on which determinations are based shall be construed to effect this 6004. Applicability and Supersedure. (i Except as otherwise noted in this section, the Guidelines are applicable to all displacement and acquisition occurring on or after their effective date, January 1, 1977. A public entity may determine that the Guidelines shall at an earlier date be applicable to its displacement and acquisition. (2) With respect both to redevelopment activities undertaken pursuant to a plan or amendment adopted prior to January 1, 1976 and to the acqui- sition of real property located within the California coastal zone (as defined in Public Resources Code, Section 30103, Stats. 1976, c. 1330) for use as park lands or open space, the provisions of the Guidelines speci- fically relating to last resort housing shall not be effective until January 1, 1978. Pod Irr,ra ::.' . '.....: RFuUTATiC,S WITH Tlff or sTAT1 cp .. 1. Ce.wi....1 Cod. S..%" MOW) (b) These Guidelines supersede those adopted by the Commission of Housing and Coumnity Development on October 17, 1973. The guidelines so superseded shall not apply to any displacement or acquisition occurring on or after the effective date of these Guidelines. Any such displacement or acquisition shall be governed solely by these.Guidelines. The provisions of these Guidelines, however, shall not be construed retroactive to apply to action(s) undertaken by a public entity prior to their effective date where the purpose of the action was to fulfill obligations imposed by the Act and the action is in compliance with the requirements of the Act and the existim Guidelines. For the purpose of this section the term "action" shall include but is not limited to: the provision of information, notice, other assistance, comparable replacement housing, payments and other benefits; the preparation of relocation and last resort housing plans.. including the survey and analysis of needs and resources; the processing of grievances; and the various steps taken in connection with the acquisition of property for public use. 6006. Regulations. (a) Each public entity before undertaking or partici- pating in activity which will result in the displacement of persons shall adopt rules and regulations that implement the requirements of the Act, are in accor- dance with the provisions of the Guidelines, and prescribe additional procedures and requirements that are appropriate to the particular activities of the public entity and not inconsistent with the Act or Guidelines. (b) Rules and regulations issued under this section shall be promptly revised as necessary. to conform to any amendment of the Act or Guidelines. 6008. Definitions. The following terms shall mean: `•. Acgu�s—'itTo — Obtaining ownership or possession of property by lawful means. LbJ Business. Any lawful activity, except a farm operation, conducted primarily: (1) -For the purchase. sale, lease, or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; (2)- For the sale of services to the public; 3) By a nonprofit organization; or 4) Solely for the purpose of a moving expense payment (see section 6090). for assisting in the purchase, sale, resale, manufacture, process- ing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display, whether or not such display is located on the premises on which any of the above activities are conducted. (c) Comm arable -Replacement Dwelling. A dwelling which satisfies each of the fo own an (13 Decent, safe and sanitary (as defined in subsection 6008(d)), and comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space than necessary to accommodate the displaced person (2) In an area not subjected to unreasonable adverse environmental conditions from either natural or manmade sources, and not generally less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities and neighborhood conditions, including schools and municipal services, and reasonably accessible to the displaced ``.)TX ini S—__7 U! 5TAT1 (hm..* to C» ....r [.d. S.n4" 113941) person's present or potential place of employment; provided that a potential place of employment may not be used to satisfy the accessibility require- ment if the displaced person objects. The Act and Guidelines do not require that the replacement dwelling be generally as desirable as the acquired dwelling with respect to environ- rental characteristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse environmental conditions, neither is a public entity required to duplicate environmental character- istics, such as scenic vistas or proximity to the ocean, lakes$ rivers, forests or other natural phenomena. If the displaced person so wishes, every reas6nable effort shall be made to relocate such person within or near to his existing neighborhood. Whenever practicable the replacement dwelling shall be reasonably close to relative,.friends, services or organizations with whom there is an existin dependency relationship. (3}q Available on the private market to the displaced person and available to all persons regardless of race, color, sex, marital status, religion, or national origin in a manner consistent with Title YIII of the Civil Rights Act of 1968. (4) To the extent practicable and where consistent with paragraph '(c)(1) of this section, functionally equivalent and substantially the same as the acquired dwelling, but not excluding newly constructed housing. (5) Within the Financial Means of the Displaced Person. A replace - rent dwelling is within the financial means of a displaced person if the monthly housin cost (including payments for mortgage, insurance and property taxes? or rental cost (including utilities and other reasonable recurring expenses) minus any replacement housing payment available to the person (as provided in sections 6102 and 6104) does not exceed twenty- five percent (25X) of the person's average monthly income (as defined in subsection 6008(l)). A replacement dwelling is within the financial means -of a displaced person also if the purchase price of the dwelling including :::related increased interest costs and other reasonable expenses tas described in section 6102) does not exceed the total of the amount of just compensa- tion provided for the dwelling acquired and the replacement housing payment available to the person (as provided in section 6102). If a dwelling which satisfies these standards is not available the public entity may consider a dwelling which exceeds them. (d, -Decent Safe and Sanitary. 1 Housing in sound, clean and weather tight condition, in good repair and adequately maintained, in conformance with the applicable state and local building, plumbing, electrical, housing and occupancy codes or similar ordinances or regulations and which meets the following minimum standards: (A) Each housekeeping unit shall include a kitchen with a fully - usable sink, a stove or connection for a stove, a separate and com- plete bathroom, hot and cold running water in both bathroom and kitchen, an adequate and safe wiring system for lighting and other electrical services and heating as required by climatic conditions and local codes. (B) Each nonhousekeeping unit shall be in conformance with state and local code standards for boarding houses, hotels and other dwellings for congregate living. F,.: FILV!G ;:'".;!VA REGU+.AVOL WITH ThA OF STATI (r. ...r e. c.-....».. C.J. U... 112DO.1l (2) When the term decent, safe and sanitary is interpreted, under local, state or federal law, as establishing a higher standard, the elements of that higher standard, which exceed the provision of paragraph (1) of this subsection, are incorporated herein. Deoartment. Department of Housing and Community Development. Tis Displaced Person. AnY person who moves from real property, or who moves persona ply from real property, either as a result of the acqui- sition of such real property, in whole or in part, by a p�u Tic entity or by any person having an agreement with or acting on behalf of a public entity, or as the result of a written order from a public entity to vacate the real property, for pu c use. This definition shall be construed so that persons displaced as a result of public action receive relocation benefits in cases where they are displaced as a result of an owner porticipation agreement or an acquisition carried out by a private person for or in connection with a public use where the public entity is otherwise empowered to acquire the property to carry out the public use. 1. (2) Dwellin . Toe place of permanent or customary and usual abode of a person, including a single-family dwelling, a single-family unit in a two- family dwelling, multi -family or multipurpose dwelling, a unit of aAondominium or cooperative housing project, a nonhousekeeping unit, a mbilehefe, or any other residential unit which either is considered to be real property under State law or cannot be moved without substantial damage or unreasonable cost. A residence need not be decent, safe and sanitary to be a dwelling. A second home shall be considered to be a dwelling only for the purpose of establishing eligibility for payment for moving and related expenses (as provided in section 6090). Uh Economic Rent. The amount of rent a tenant or homeowner would have = to pay fora we ng similar to the acquired dwelling in a comparable area. L) Elders Household. A household in which the head of household or spouse is years or old. (j) Famil . Two or more individuals who by blood, marriage, adoption, i or mutual consent live together as a family unit. g (k) Farm Operation. Any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. L1) Gross Income. 'Gross income means the total annual income of an individual, or where a family is displaced total annual income of the parents or adult heads of household, less the following: (1) A deduction of $500 for each dependent in excess of three. (2) A deduction of ten percent (10%) of total income for an elderly or handicapped household. .(3) 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 in- surance or other sources, such as public assistance or tort recovery. (4) 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 shall 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. +R VLPia ADMIX-ST:'TIVI KIGUTATt%-_.S WITH THI SICROARY OF STATE (frnwr 1. G.wr....r C.d. 3.4*.. 11710.1) (m) Handica ed Household. A household in which arty member is handi- capped or Tiaisab. i Initiation of Negotiations. The initial written offer made by the acquiring entity to the owner of real property to be purchased, or the owner's representative. '4) Mobile Home. A structure, transportable in one or more sections, which is b_uTTton 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 plumbing, heating, air-conditioning, and electrical systems contained therein. A self-propelled vehicle is not a mobile home. Mortgage. 'Such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby. `(g) Ownership. Holding any of the following interests in a dwelling, or a contract to purchase one of the first six interests: 1) _A fee title. - 2 A life estate. 3) A 50-year lease. 4) A lease with at least 20 years to run from the date of acqui- sition of the property. (5) A proprietary interest in a cooperative housing project which includes the right to occupy a dwelling. ,(6) A proprietary interest in a mobilehome.. (7) A leasehold interest with an option to purchase. In the case of one who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law, the tenure of ownership, but not occupancy, of the succeeding owner shall include the tenure of the preced- ing owner. (rr) Person. Any individual, family, partnership, corporation, or asso- ciation. (s) Public Entity. Includes the state, the Regents of the University of California, a county, city. city and county, district, public authority. public agency, and any other political subdivision or public corporation in the state when acquiring real property, or any interest therein, or ordering that acquired property be vacated, in any city or county for public use. (tt) Public Use. A use for which property may be acquired by eminent domain. (u) Tenant. A person who rents or is otherwise in lawful possession of a dwelling, including a sleeping room, which is owned by another. fM. Prior Determinations. (a) Displacement. No public entity may proceed with any phase of a project or other activity which will result in the displacement of any person, business or farm until it makes the following determinations: (1) Fair and reasonable relocation payments will be provided to eligible persons as required by Article 3 of the Guidelines. (2) A relocation assistance program offering the services described in Article 2 of the Guidelines will be established. (3) Eligible persons will be adequately informed of the assistance, benefits, policies, practices and procedures, including grievance proce- dures, provided for in these Guidelines. Fe+. a.:.]A C.:hl:� . -.i : "IT ' FOR PILING ADiAWSTRATIV! RSGMATIONS WITH THE SECRETARY OF STATE 11 (► m.e 1. Cs...I.'.e./ cede Seals. 11310MI) (4) Based upon recent survey and analysis of both the housing needs of persons who will be displaced and available replacement housing and considering competing demands for that housing, comparable replace- ment dwellings will be available, or provided, if necessary, within a reasonable period of time prior to displacement sufficient in number, size and cost for the eligible persons who require them. (5) Adequate provisions have been made to provide orderly, timely, and efficient relocation of eligible perons to comparable replacement housing available without regard to race, color, religion, sex, marital status, or national origin with minimum hardship to those affected. (6) A relocation plan meeting the requirements of section 6038 has been prepared. (b) Acquisition. No public entity may proceed with any phase of a project or any other activity which will result in the acquisition of real property until it determines that with respect to such acquisition and to the greatest extent practicable, (1) Adequate provisions have been made to be guided by the provisions of Article 6 of the Guidelines, and (2) Eligible persons will be informed of the pertinent benefits, policies and requirements of the Guidelines. 6012. Citizen Participation. (a) All persons who will be displaced, neighborhood groups and any relocation committee shall be given an opportunity and should be encouraged fully and meaningfully to participate in reviewing the relocation plan and monitoring the relocation assistance program. (b) When a substantial number of persons will be displaced from their dwellings the public entity shall encourage the residents and community organ- izations in the displacement area to form a relocation committee. The com- mittee shall include, when applicable, residential owner occupants, resi- dential tenants, business people, and members of existing organizations within the area. In lieu of initiating a new process of citizen participation, public entities which have conducted or are conducting a citizen participation process as part of an existing development program 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, the public entity shall at least consult with and obtain the advice of resi- dents and community organizations and make the relocation plan available to such persons and organizations prior to submitting it to the legislative body for approval. (See section 6038.) (c) At a minimum the displacing entity shall guarantee the following: (1) Timely and full access to all documents relevant to the reloca- tion program. A public entity may reasonably restrict access to material where its confidentiality is protected by law or its disclosure is pro- hibited by law. The displacing entity shall ensure that the information in documents the provision of which would result in disclosure of the identity of eligible persons is provided in a manner designed to avoid such disclosure. This obligation to avoid improper disclosure shall not effect the right of the person to which the information relates (or any other person author- ized in writing by such person) to inspect such documents. (2) The provision of technical assistance necessary to interpret elements of the relocation plan and other pertinent materials. STO /CB♦ 1 C' NT'SH11T -. _ - FOR I1LNG :.aMJ'.ST:..AiI'vI RMUFATIONs WITH DO SFCRFTART Of STATE (r.nw.l 1. Ga.w.ril C.+d. S.CN. 113l0.1) (3) The right to submit written or oral comments and objections, including the right to submit written comments on the relocation plan and to have these comments attached to the plan when it is forwarded to the local legislative body or the head of the state agency for approval. (4) Prompt, written response to any written objections or criticisms. 6014. Prerequisite to Displacement. No person shall be displaced until the pu�T c en Fi y has fulfilled the obligations imposed by the Act and Guide- lines. 6016. Remedies. (a) If the public entity has not fulfilled or is not subsfa—ntial ly--fu-Tf i ling its relocation responsibilities, it shall cease dis- placement until such time as its responsibilities are fulfilled. When appropri- ate project Implementation shall be suspended or terminated. (b) Eligible persons who move without offers of assistance and benefits, after the public entity was required to offer assistance or benefits, shall be provided such assistance and payments and, when appropriate, compensation for additional costs incurred. The displacing entity shall make every effort to identify and locate such persons, -(c) A public entity may pay a complainant's attorney's fees and costs and 1s encouraged to consider doing so when a complainant institutes a suc- cessful administrative appeal or judicial action. (d) The enumeration of remedies in this section is not intended to discourage or preclude the use of other remedies consistent with the intent of the Act and Guidelines. Rather a public entity is encouraged to consider g and adopt other remedies. 6018. Priorit of Federal Law. with sera Tnanc a assistance and assistance and benefits as required by and Guidelines shall not apply; but if assistance and benefits is not imposed Act and Guidelines shall apply. If a public entity undertakes a project consequently must provide relocation federal law, the provisions of the Act an obligation to provide relocation by federal law the provisions of the 6020. -Severabilit . If any provision of the Guidelines or the applica- tion thereof is held invalid, such invalidity shall not affect other provisions or applications of the Guidelines which can be given effect without the in- valid provision or application, and to this end the provisions of the Guide- lines are severable. Article 2. Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing 6030. Purpose. The purpose of this part is to set forth requirements with respect to the development and implementation of a relocation assistance advisory program for the provision of specified services and to prescribe the obligation of a public entity not to displace or cause the displacement of any.person from his dwelling without adequate notice and unless comparable replacement housing is available. rOR FI!!':"3 . .;.!" SSGMAT1ONS :V{TH Tiil °-.+:RSiAAY Of STAT1 (►.n.iw f. Ge...,.- C.6 S.dr I] MI) 11 11 L„ 1/6032. Relocation Assistance Advisory Program. Public entities shall develop and Implement a relocation assistance advisory program which satisfies the requirements of this article and of Title VI of the Civil Rights Act of 1964, Title YIII of the Civil Rights Act of 1968, the Unruh Civil Rights Act and the Rumford Act. Such program shall be administered so as to provide advisory services which offer maximum assistance to minimize the hardship of displacement and to ensure that (a) all persons displaced from their dwellings are relocated into housing meeting the criteria for comparable replacement housing, and (b) all persons displaced from their places of business or farm operations are assisted in reestablishing with.a minimum of delay and loss of earnings. 6034. Eligibility. (a) 'Relocation assistance and benefits.shall be . avails a to• (1) Any person who occupies property from which he will be displaced. 2 Any person who will move from -real property or will move his personal property from real property, because he will be displaced from other real property on which he conducts a business or farm operation. (3) Any person who moves from real property as a result of its acquisition by a public entity whether the move is voluntary or involuntary (4) Any person who, following the initiation of negotiations, moves as the result of the pending acquisition. Such a.person is eligible if the property is subsequently acquired by the public entity; if it is not acquired, such a person, at the discretion_of__t_hepub_lic entity may be declared eligible `— (5j—Any person who moves as the result of pending acquisiton by a public entity either following receipt of a Notice of Intent to Displace (see section 6086) or as a result of inducement or encouragement by the public entity. (b) (1) Post -acquisition tenants, those who lawfully occupy property only after a public entity acquires it, are not eligible for assistance and benefits if, before occupying the property, they are informed by the public entity 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 -acquisi- tion tenants are so informed they are not eligible even though they move as the result of a written order from the public entity to vacate the real property. A public entity shall inform prospective tenants regarding the projected date of displacement and, periodically, should inform post -acquisition tenants of any changes in this projection. Persons who become post -acquisition tenants after the effective date of the Guidelines, who are not so informed and who move as the result of a written order from the public entity to vacate are eligible for assistance and benefits, except where they are evicted in accordance with the provi- sions of section 6058. (2) When the displacement of a post -acquisition tenant causes a hardship for that person because of a critical housing shortage, age, handicap, infirmity, lack of financial means or other circumstance, the displacing entity may provide relocation assistance and benefits. In such hardship situations a public entity is encouraged to provide assistance and payment for moving expenses. TO. 40JA u.>n ! CON...' . . < FOR FILING ADMINSj ZATIVi IJGULATIONS WITH THS 5I1C2iTART OF STAT! c......-... e.e. S"a 11300.1) (3) Where a public entityon property it owns, is making housing available on a permanent basis (i.e., not pending development), a post - acquisition tenant who moves as the result of a written order from the public entity to vacate is eligible for relocation assistance and benefits 1f the order to vacate 1s related to a plan to demolish or rehabilitate such units. Sale of such units to a private person establishes eligibility without need for a written order to vacate. 0 r, Y r i 0 8 LJ 6036. Rehabilitation Demolition, Code Enforcement. If a public entity `— undertakes a rehabilitation or demolition program or enforcement of building codes and as a result a person or business is displaced frog privately owned property, the public entity may provide assistahtlei-and beirefits, but it is not required to do so. If a person or business is displaced by such an undertaking from property acquired by a public entity, the public entity shall provide assistance and benefits. 6038..•Relocation Plan. (a) As soon as possible following the initia- tion of negotiations and prior to proceeding with any phase of a project or other -activity that will result in displacement a public entity shall prepare a Relocation Plan and submit it for approval to the local legislative body, or in the case of a state agency, the head of the agency. When the public entity's action will only result in an insignificant amount of non-residential displace- ment, the requirements of this section need not be satisfied. (b) A Relocation Plan shall include the following: 11) A diagrammatic sketch of the project area. 2) Projected dates of displacement. 3) A written analysis of the aggregate relocation needs of all persons to be displaced (as required by section 6048) and a detailed explanation as to how these needs are to be met. (4) A written analysis of relocation housing resources (as required by section 6052). (5) A detailed description of the relocation advisory services program, including specific procedures for locating and referring eligible persons -to comparable replacement housing. (6) A description of the relocation payments to be made (pursuant _ to Article 3) and a plan for disbursement. A cost estimate for carrying out the plan and identification of the source of the necessary funds. (8) A detailed plan by which any last resort housing (,as described in section 6054 and Article 4) is to be built and financed. (9) A standard information statement to be sent to all persons to be displaced (as required by section 6046). 110) Temporary relocation plans, if any. 11 A description of relocation office operation procedures. 12 Plans for citizen participation. 13 An enumeration of the coordination activities undertaken (pur- suant to section 6052). (14) The comments of the relocation committee, if any (pursuant to section 6012). (15) A written determination by the public entity that the necessary resources will be available as required. 10. CCN1:' tit. `1 5!111T f _ - FL FILING AMA1N51kA1JVE REGULATIO4, WITH THE SECRETARY OF STATE 1 (�unu.M 1. Co 'A...n1 Cod. S.Oi.. 11160.1) (c) A Plan prepared by a local public entity shall be consistent witn the local housing element (prepared pursuant to California Administrative Code, Title 25, Chapter 1, Subchapter 5.) (d) In the event of delay of implementation of the relocation program, the plan shall be updated annually. (e) (1) Copies of the plan shall be submitted for review to the reloca- �tion committee and the department 30 days prior to submission to the local legislative body or head of state agency for approval. Copies shall be available to the public upon request. (2) General notice of the plan shall be provided. Notice shall be designed to reach the occupants of the property; it shall be in accordance with the provisions of paragraph 6046(a)(3) and subsection 6046(b); and it shall be provided 30 days prior to submission to the local legislative body or head of state agency for approval. 6040. Minimum Requirements of Relocation Assistance Advisory Program. (a) Each relocation assistance advisory program undertaken pursuant to this Article shall include, at a minimum, such measures, facilities or services as may be necessary or appropriate in order to: (1) Fully inform eligible persons under this Article within 15 days following the initiation of negotiations for a parcel as to the avail- ability of relocation benefits and assistance and the eligibility require- ments therefor, as well as the procedures for obtaining such benefits and assistance, in accordance with the requirements of section 6046. (2) Determine the extent of the need of each such eligible person for relocation assistance in accordance with the requirements of sec- tion 6048. (3) Assure eligible persons that within a reasonable period of time prior to displacement there will be available comparable replacement housing, meeting the criteria described in section 6008(c), sufficient in number and kind for and available to such eligible persons. (4) Provide current and continuing information on the: availability, prices, and rentals of comparable sales and rental housing, and of com- parable.commercial properties and locations, and as to security deposits, closing costs, typical down payments, interest rates, and terms for resi- dential property in the area. (5) Assist each eligible person to complete applications for pay - rents and benefits. (6) Assist each eligible, displaced person to obtain and move to a comparable replacement dwelling. Only adequate inspection will insure that a particular unit meets this standard. If a displaced person occupies a unit to which he is referred by the public entity and the unit does not satisfy the comparable re- placement dwelling standard, the public entity has not fulfilled its obligation to assist the displaced person to obtain such a dwelling. Whenever this occurs the public entity shall offer to locate such a dwelling for the displaced person and to pay again all moving and related expenses. If the displaced person chooses not to move from the unit that he occupied following referral, the public entity shall not assert that he is ineligible to receive relocation assistance and benefits on the basis of that unit's failure to satisfy the comparable replacement dwelling standard. tUR MIrvG , 11V1 KLbUL IJUN3 WITH 7H1 SFCRirA;ZT OF STATE (1u n.eni 1, Ge.w�.w.w/ Cod. S.cfi ow 111l0.1) 11 Ilj I (7) Assist each eligible person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location. (8) Provide any services required to insure that the relocation process does not result in different or separate treatment on account of race, color, religion, national origin, sex, marital status or other arbitrary circumstances. (9) Supply to such eligible persons information concerning federal and state housing programs, disaster loan and other programs administered by the Small Business Administration, and other federal or state programs, offerin� assistance to displaced persons. 1. (10 Provide other advisory assistance to eligible persons in order to minimize their hardships. It is recommended that, as needed, such assistance include counseling and referrals with regard to housing, financing, employment, training, health and welfare, as well as other assistance. -. - — (11) Inform all persons who are expected to be displaced about the eviction policies to be pursued in carrying out the project, which policies shall be in accordance with the provisions of section 5058. (b) Relocation Office. When a substantial number of persons will be dis- placed and the relocation staff's office is not easily accessible to those per- sons, a displacing entity is encouraged to establish at least one appropriately equipped site office which is accessible to all the area residents who may be displaced and is staffed with trained or experienced relocation personnel. Office hours should be scheduled to accommodate persons unable to visit the office during normal business hours. (c) Each displacing entity shall establish and maintain a formal griev- once procedure for use by displaced persons seeking administrative review of the entity's determinations. The procedure shall be in accordance with the requirements of Article 5. 6042. Re "lacement HousingPrior To Displacement_Notices To Displaced Persons. (a No eligible person shall be required to move from his dwelling unless within a reasonable period of time prior to displacement comparable re- placement dwellings (as defined in subsection 60M(c)) or, in the case of a temporary move (as defined in section 6044), adequate replacement dwellings (as defined in subsection (b) below) are available to such person. (b) The criteria for adequate replacement dwellings are in all respects identical to those for comparable replacement dwellings, except that an .adequate replacement dwelling, with respect to the number of rooms, habitable living space and type of construction, need be only adequate not comparable. (c) Reasonable Offer of Replacement Housing. The requirements of this section shall be deemed to have been satisfied if a person is offered and refuses without justification reasonable choices of specifically identified comparable replacement dwellings which fully satisfy the criteria set forth in the Guidelines. The offers shall be in writing, in a language understood by the displaced person. The number of offers determined to be reasonable should be not less than three. (d) Notice. No eligible person occupying property shall be required to move from a dwelling or to move a business or farm operation, without at least 90 days written notice from the public entity requiring the displacements. Public entities shall notify each individual tenant to be displaced as well as each owner -occupant. (These requirements are in addition to those contained in sections 6040 and 6046.) D. •J:. (..III Fox FILING li' : :.;s„ 111VE f':GULATiOh. • WiTH THE SIC,ECTART OF STATE (►unwM 1. Gor.Ini M C.J. S.ati+ 11380.1) L, (e) Waiver. The requirement in subsection (a) above may be waived only when immediate possession of real property is of crucial importance and by one of the following circumstances: (1) When displacement is necessitated by a major disaster as defined in Section 102(2) of the "Disaster Relief Act of 1974" (BB Stat. 143, 42 U.S.C. 5121). - (2) During periods of declared national or state emergency. 6044. Tem orar Move. (a) General. (1 pu -ic entity shall be required to minimize to the greatest extent feasible the use of temporary relocation resources (as -defined in section 6042) but, when a project plan anticipates moves back into completed project accommodations, temporary relocation resources may be used, at the displaced person's election for a limited period of time. (2) Temporary relocation does not diminish the responsibility of the public entity to provide relocation assistance, services and benefits designed to achieve permanent relocation of displaced persons into com- parable replacement dwellings. (b) Requirements. (1) Temporary replacement housing may not be relied upon if compara ble replacement housing will not be available to the displaced person within 12 months of the date of the temporary move. (2) Prior to the move, the public entity shall have determined and have provided written assurance to each displaced person that: (A) Comparable replacement housing will be made available at the earliest possible time but in any event no later than 12 months from the date of the move to temporary housing. Temporarily housed persons may agree to extend the 12 month limitation but, if they do not, the public entity shall ensure that comparable replacement dwell- ings are available within the 12 month period. (B) Comparable replacement housing will be made available, on a priority basis, to the individual or family who has been temporarily rehoused. (C) The move to temporary housing will not affect a claimant's eligibility for a replacement housing payment -nor deprive him of the same choice of replacement housing 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 the reloca- tion payments to which a displaced person is entitled. (D) If a project plan anticipates moves back into replacement housing accommodations in the project or program area, the person who has been temporarily displaced will be given priority opportunity to obtain such housing accommodations. (E) The public entity will pay all costs in connection with the move to temporary housing, including increased housing costs. 6046. Informational Pro ram. (a) Basic Requirements. The displacing entity shall establish and maintain an information program that provides for the following: FOR HUNG ArMINWi ATIYE REGULATIONS WITH THI SECRETARY Of STATE (Nm..01, G�M Cod. S-di" 11380•1) (1) Preparation and distribution of informational material as early as practicable, to each occupant of the property. This material shall be distributed within 15 d s following the initiation of negotiations (see paragraph 6040(a)(1)) and not less than 90 days in advance of displace- ment except for those situations described in subsection 6042(e). Where appropriate, separate informational statements shall be prepared for resi- dential and for non-residential occupants. (2) Conducting personal interviews and maintaining personal contacts with occupants of the property to the maximum extent practicable. (3) Utilizing meetings, newsletters, and other mechanisms, including ._local media available to all persons, for keeping occupants of the property informed on a continuing basis. The criterion for selecting among various ...alternatives shall be the likelihood of actually communicating information to such persons. Legal publications, legal ads in local newspapers of .general circulation and similar means which may go unnoticed are deemed to be inadequate. .- b -Language. Informama tional terial should be prepared in the lan- guageLs; 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 should be used and all informational material should be provided in the native language(s) and English. (c) Method of Delivery. To assure receipt of the informational material, the local agency should arrange to have the material either hand -delivered to each occupant of the property with a.request for a written receipt, or sent by certified mail, return receipt requested. (d) General and Specific Information. In addition to disseminating general information of the type described in this section, the displacing entity shall also provide each person with individual, written notification as soon as his eligibility status has been established. (e) Content of Informational Statement. Attachment A identifies the kinds of information required to be included in statements distributed to occupants of the property. The figure lists minimum requirements. The dis- placing entity should include any additional information that it believes would.be helpful. (See Attachment A.) 6048. Survey and Analysis of Relocation Needs. (a) (1 .Requirement. Immediately following the initiation of negotiations interview all eligible persons, business concerns, including nonprofit organ• izations, and farm operations to obtain information upon which to plan for' housing and other accommodations, as well as counseling and assistance needs, (2) Coordination with Other Agencies. Other agencies may also be con- ducting surveys in the area at the same time. Coordination will be necessar: to avoid duplication and to ensure that necessary information is available alp the appropriate time. Surveys utilized to gather data for social service referrals should be planned in cooperation with social service agencies and a referral system should be established. (3) Information to Persons To Be Displaced. The local agency shall carefully explain and discuss fully with each person interviewed the purpose of the survey and the nature and extent of relocation payments and _ assistance that will be made available. All persons shall be advised and encouraged to visit the relocation office for information and assistance. D. A I " A (..lq FOX FrUNG PIGULATIOh- W)TH THI SiCRUARY OF STAT! (Pon w�1 b Ger.rw...t C.2. 3«e:� 113i0.1) (4) Relocation Records. Based on information obtained during the survey and other sources as applicable, the local agency shall prepare and maintain an accurate 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. (b) The survey shall be by direct, personal interview, except where repeated 'efforts indicate that is not possible. When a person cannot be in- terviewed or the interview does not produce the information to be obtained reasonable efforts shall be made to obtain the information by other means. Eligible persons should be encouraged to bring any change in their needs to the attention of relocation officials. The survey shall be updated at least annual . (c� A public entity -shall endeavor to obtain the following information: income; whether a person is elderly or handicapped; size of family; age of children; location of job and factors limiting accessibility; area of preferred relocation; type of unit preferred; ownership or tenant preference; need for social and public services, special schools and other services; eligibility for publicly assisted housing; and with reference to the present dwelling, the rent, the type and quality of construction, the number of rooms and bedrooms, the amount of habitable living space, and locational I factors including among others public utilities, public and commercial facilities (including trans- portation and schools) and neighborhood conditions (including municipal ser- vices). Other matters that concern a household as its members contemplate relocation should also be included. (d) A written analysis of relocation housing needs shall be prepared. It shall be prepared in sufficient detail to enable determination of the avail- ability for all potential displacees of housing which meets the standards set forth in the. definition of comparable replacement housing. The information concerning homeownership and rental units shall be provided separately. The number of units needed shall be identified by cost for each size category_ The needs of elderly and handicapped households shall be shown separately and shall include information on the number of such households requiring special facilities and the nature of such facilities. The statement of relocation housing needs shall include a description of the locational characteristics of the displacement area neighborhoods corresponding to the requirements of comparable replacement housing. Information shall be provided concerning proximity to present emplDyment sources, medical and recreational facilities, parks, community centers, shopping, transportation and schools. Information concerning proximity to other relevant needs and amen- ities is essential to ensuring that no residents are incapacitated by the relocation and such information also should be provided. Failure to Conduct Timel and Effective Surve 6050. Wen a survey is not can ucte in a timely and effective manner, the public entity shall be obligated to make every effort to locate all eligible persons who have moved so that their needs can be included in the survey and the impact on the housing stock in the community can be more accurately determir The public entity shall offer such persons all relocation assistance and benefit for which they otherwise qualify and, in addition, shall compensate such persons for all costs occasioned by the entity's failure to provide timely notice and offers of relocation assistance and benefits. COIi11K'_;J-04 14u1 FOR F111NO ADMINSMA"VI R11C(J1AT(ON3 WITH THI 3MCMART OF sTA11 (►uno" 1- G~..-" C-d- S"" 11 MI) 6052. Survey and Analysis of Available Relocation Resources. (a) (1) To enable a public entity reasonably to determine that the requisite comparable replacement dwellings will be available, the public entity, within 15 days following the initiation of negotiations, shall initiate'& survey and analysis of available comparable relocation re- sources. . If a recent survey that provides the information identified in this section is not available, the public entity shall conduct a survey and analysis of the housing market. If a recent survey is available, .but it does not reflect more recent, significant changes in housing market, conditions, the survey shall be updated or it shall not be relied upon. (2) When more than 25 households will be displaced, survey results shall be submitted for review to local housing, development and planning agencies. and shall be compared to other existing information on housing availability. _ (3) The survey shall be updated at least annually: (b) The survey area shall be reasonably related to the displacement area and to the needs and preferences of the persons to be displaced, as indicated in the written analysis prepared pursuant to section-6048. The survey area shall have relevant characteristics (see subsection 6008(c)) which equal or exceed those of the neighborhood from which persons are to be displaced. (c) _ A written analysis of relocation housing resources shall be prepared in sufficient detail to enable determination of the availability for all poten- tial displacees of housing which meets the standards set forth in the definition of comparable replacement housing. The information concerning homeownership and rental units shall be provided separately: The number of units available shall be identified by cost for . . each size category. Resources available to meet the needs of elderly and handicapped households shall be shown separately and shall include information on the -number of units with special facilities and the.nature of such facil- ities. . The analysis of resources shall include a description of the locational characteristics of the survey.area neighborhoods corresponding to the require- ments of comparable replacement housing. Information shall be provided con- cerning proximity to present employment sources (with the, consent of the displaced person a potential employer may be substituted), medical and re- creational facilities, parks, community centers, shopping, transportation and schools. Information concerning proximity to other relevant needs and amenities is essential to ensuring that residents are not incapacitated by the relocation and such information should also be provided. (d) (1) Units which do not satisfy the standards of comparable replace- ment housing, including the locational criteria, shall not be counted as a relocation resource. (2) Uncompleted new construction or rehabilitation shall not be in-- cluded in the gross figure unless thereA s a substantial likelihood that the units will be available when needed and at housing or rental costs within the financial means of the prospective occupants. (3) In addition to the other requirements of this section, the gross . figure representing the number of units available shall be discounted to reflect both concurrent displacement and the extent to which turnover is represented. Concurrent displacement by the federal government and its agencies, including federally -assisted projects, as well as displacement by other public entities -shall be taken into account. Turnover is the ID. 4CC4 U•TI iOR MING AD,MINSTRATIVE RiGULATIONN WITH THE SECRETARY OF STATI 0. Go...ww..w1 C.d. S«+i.. 11)60.1) 11 11 dynamic operation by which occupancy changes occur within a standing inven- tory over a period of time and theoretically could occur in the complete absence of vacancies on a person to person basis. The use of turnover for relocation is not permissible. The displacing entity shall assume that fou) percent of the rental and one percent of the ownership units which meet the standards of comparable replacement dwellings (see section 6008(c)) re- presents turnover. The displacing entity shall use a higher percentage figure if such figure is more accurate. The displacing entity may use a lower figure if it establishes that the lower figure is a more accurate assumption. (4) Publicly subsidized housing, including public housing, shall not be counted as a resource unless it reasonably can be established that: (A) The units will be available when needed; (B) The governmental body providing the subsidy has made, in writing, a reasonably binding commitment of assis- tance; and (C) The units have been inspected and determined to be decent, safe and sanitary and the income ceilings, rent ranges and age restrictions, if any, have been considered. (D) The number of units available in the community - vGexceeds the number of households in need of the units. This requirement may be waived by the department if the public entity can establish that such units will be replaced by last resort housing within two years. To establish that last resort housing will be developed as required the public entity must have site control with permissive zoning, preliminary plans and conditional commitments for subsidy and financing or the equiv- alent. The public entity also must identify ownership. (c) 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. 6054. Last Resort Nousin . (a) No eligible person shall be required to move from his dwelling because of the action of a public entity unless compara- ble replacement housing is available to him. (b) If on the basis of its survey and analysis of relocation needs and resources a public entity cannot determine that comparable replacement housing will be available as required, the public entity may not proceed with any phase of a project or other activity which will result in displacement unless it provides such housing. (See Article 4.) (c) If the action of a public entity has resulted or is resulting in displacement and comparable replacement housing is.not available as needed, the public entity shall use its funds, or funds authorized for the project to provi( such housing (see Article 4), or shall terminate or suspend further implementat' of the roject activity in accordance with the provisions of section 6018. (dg Temporary relocation resources may be relied upon in the interim only if the provisions of section 6004 are satisfied. coHnnuwr�oN s�:ur FOR FLUNG ADMINSTRAnVI REGULATIONS WJTH THE WRETA2Y Of STATI pun w r. C}..onn cod. S.0 " I11lW) t 3 0 S 6056. Termination of Relocation Assistance. A public entity's reloca- tion ob gations cease un er the following circumstances: (a) A displaced person moves to a comparable replacement dwelling and receives all assistance and payments to which he is entitled. (b) The displaced person moves to substandard housing, refuses reasonable offers of additional assistance in moving to a decent, safe and sanitary replacement dwelling and receives all payments to which he is entitled. (c) All reasonable efforts to trace a person have failed. To ensure that the action of a public entity does not reduce the housing supply in critical categories or locations, unsuccessful efforts to trace a particular displaced person shall not lessen the obligation to provide last resort housing. (See Article 4.) (d) The business concern or farm operation has received all assistance and payments to which it is entitled and has been successfully relocated or has ceased operations. (e) A person displaced from his dwelling, business or farm refuses reason- able offers of assistance, payments and comparable replacement housing. 6056. Eviction. (a) Eviction is permissible only as a last resort. It in no way affects the eligibility of evicted displaced persons for relocation payments. Relocation records must be documented to reflect the specific cir- cumstances surrounding the eviction. - (b) Eviction shall be undertaken only for one or more of the following reasons: - -. 1 (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. 2) Performance of a dangerous, illegal act in the unit. - 3) Material breach of the rental agreement and failure to correct breach within 30 days of notice. (4) Maintenance of a nuisance and failure to abate within a reason- able 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 public entity. 6060. Evaluation of Relocation. (a) A public entity is encouraged to evaluate its re ocation program, assessing the quality and quantity of services provided as well as displacee satisfaction, to determine the adequacy of pro- gram planning and to ascertain whether any persons have been denied the full benefits and services to which they are entitled. -The evaluation should be based upon -an annual or continual inspection of files and records, case inter- views, and inspection of replacement housing and business and farm replacement locations and discussions with local individuals or organizations familiar with relocation issues. A written evaluation should be prepared at least annually. (b) The files and records of displaced persons and property owners should be selected at random. The review should include any cases that were identified by previous monitoring as requiring corrective action and should assess the public entity's progress in taking corrective action. Both relocation and acquisition activities should be covered by the'review. D. AoC41. on 11T FOR FILING AOMINSTBATIVE REGULATIONS WITH THE 51CRETART OF STATI (pun"," f, G.v.nw M C.d. 3.,N1 11]00.1) (1) The relocation sample should include cases in which all pay- ments have been completed and cases in which the person has been displaced but all payments have not yet been made. The sample should provide a basis for the reviewer to determine not only whether payments were computed properly and made promptly, but also whether displaced persons received proper notice of the full range of relocation assistance and services to which they are entitled. Priority attention should be given to cases in which a grievance has been filed or the agency has determined that a person. is ineligible for relocation benefits. (2) The acquisition sample should be based on cases in which settle- ment has been completed. However, if necessary to provide a representa- tive sample of acquisition activities, the reviewer should include in- complete transactions in which negotiations have been initiated. (c) After the records and files have been reviewed, the reviewer should select cases for further evaluation through personal interviews with displaced persons and/or owners and the inspection of housing to which persons have moved. The interviews and housing inspections should serve both to spot check the accuracy of the information obtained in the examination of the records and files and give the reviewer a better perspective on the agency's performance. The number and type of cases for which interviews and housing inspections are to be carried out should reflect the reviewer's judgment based on the informa- tion he has just reviewed. Generally, an interview and inspection should_ be carried out for at least one of every five.cases for which the files and records have been reviewed. Only where the number of persons displaced is less than 25 should the number of interviews and inspections be less than 10. In no case should the number of interviews and inspections be lower than the lesser of five and the number of persons displaced. To the extent possible, the interviews should cover a representative cross section of the types of cases in the agency's workload: e.g., relocation cases involving families of various sizes as well as individuals and business concerns (including both owners and tenants), and acquisition transactions involving residential., commercial and industrial a properties. z (d) In addition to the above, the following factors are among those which_ S should be considered: (1) The effectiveness of efforts to provide relocation services to displaced persons, including timeliness of notice and correctness of eligibility determinations. (2) The satisfaction of relocated families, individuals and business concerns in their new locations. (3) The extent to which self -moves to substandard housing have been minimized. (4) The effectiveness of efforts to provide relocation services to business concerns, including counseling services and SBA loans to aid in their reestablishment. (5) The promptness of processing claims and the making of payments, including the amounts, delivery, and use of relocation payments. (6) The number and magnitude of rent increases following acquisition ® and displacement. used to resolve difficulties ex- (7) The effectiveness of methods perienced by site occupants. f 1 The effectiveness of the public entity's grievance procedures. M8) The extent of resident involvement in planning the relocation program. 3. •ooA Pave FOR FILING AOMis5r2Anvi REGULATIONS WITH THE SECRITAAY OF STATE (hnww 1, Oownw.l Cc& S dL.. IJUMI) 11 n (10) The effectiveness in assuring equal opportunity for displaced persons and in reducing patterns of minority -group concentration. (11) The effectiveness of relocation in upgrading the housing and overall environmental conditions of persons displaced. (12) The effectiveness of the social service program, including counseling services, in helping residents adjust to relocation and in helping solve individual and family problems. (13) The impact on those segments of the housing market serving the Income groups displaced. Article 3.. Relocation Payments. 6080. Purpose. The purpose of this Article is. to set forth the types of, and spec is a igibility criteria for, relocation payments to displaced ' persons.. Basic eligibility conditions are set forth in section 6084. Speci- fic conditions -relating to particular payments are described in later sections. 6082. Relocation Payments by Public Entity. A public entity shall make relocab o�o� n payments to or on behalf of eligible displaced persons in accordance with and to the full extent permitted by this Article. The obligations des- cribed in this Article are in addition to those in Article 6. uu 6084. Basic Eligibility Conditions. A person establishes basic eligi-' IL bility for re ocation payments if he satisfies the conditions described in section 6034. A person who moves from real property or who moves his personal TC .= property from real.. property because he will be displaced from other ,real property on which he conducts a business or farm operation, establishes eligibility on the basis of the move from such.other property only for payments 3 made pursuant to section 6090. : 6086." Notice of Intent to Displace. A public entity may issue a written S Notice of Intent to.Displace at any time after forming a.reasonable expecta-, tion of acquiring real property. Such a notice, by establishing eligibility prior to acquisition, will enable a public entity to respond to hardship and other situations :,. 6098. -Filinq of Claims-, Submission of Tax Returns. All claims filed with the public entity shall e submitted within eighteen months of the date on which the claimant receives final payment for the property or the date on which he moves, whichever is later. The displacing entity may extend this period upon a proper showing of good cause. Except where specifically provided otherwise a claimant shall not be re- quired to submit a copy of his tax returns in support of a claim for reloca- tion payments. 6090. Actual Reasonable Moving Expenses. (a) General. 'A public entity shall make a payment to a displaced person who satisfies the pertinent eligi- bility requirements of section 6084 and the requirements of this section, for actual reasonable expenses specified below and subject to the limitations set :7r •ODA (0on CC Hn NU A1toN "RIT FOR FILING ADMINSTRATIVE REGULATIOM5 WITH THE SECRETARY OF STATE (►un.aM b Gor,rnin.M C.do S.cl:« 113SO.1) Y F C 1: `o z 8 forth in subsection (c) of this section for moving himself, his family, business, farm operation or other personal property. In all cases the amount of a pay- ment shall not exceed the reasonable cost of accomplishing the activity in - connection with which a claim has been filed. The moving and related expenses for which claims may be filed shall include: (1) .Transportation of persons and property not to exceed a distance of 50 miles from the site from which displaced, except where relocation beyond such distance of 50 miles is justified; - MPacking, crating, unpacking and uncrating personal property; Such storage of personal property, for a period generally not to exceed 12 months, as determined by the public entity to be necessary in connection with relocation; (4) Insurance of personal property while in storage or transit; and (5) The reasonable replacement value of property lost, stolen or damaged (not throu h the fault or negligence of the displaced person, his agent, or employee} in the process of moving, where insurance covering such loss, theft or damage is not reasonably available. (6) The cost of disconnecting, dismantling, removing, reassembling, reconnecting and reinstalling machinery, equipment or other personal property (including goods and inventory kept for sale) not acquired by the public entity, including connection charges imposed by public utilities for starting utility service. (b) Actual Reasonable Moving Expenses -- Displaced Business Concerns and Farm Operations. In addition to those compensable expenses set forth in sub- section (a) of this section, a displaced business concern or farm operation may file a claim for the following moving and related expenses: (1) The cost, directly related to displacement and subject to the limitation imposed by paragraph (b)(2), of: (A) Any addition, improvement,.alteration or other physical change in or to any structure or its premises in connection with the reassembling, reconnection or reinstallation of machinery, equipment or other personal property. A public entity, at its discretion, 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. (B) Modifying the machinery, equipment, or other personal property to adopt it to the replacement location or to utilities available at the replacement location or modifying the power supply. (2) Claims for payment under this subsection shall be subject to the following limitations: RReimbursable costs shall be reasonable in amount. ; The cost shall be found by the public entity to be required by law or ordinance or to be otherwise necessary to the reestablish - went of the displaced business or farm. (C) The cost could not be avoided or substantially reduced at an alternate available and suitable site to which the business was referred. (D) The public entity shall deduct, on the basis of a reason- able estimate, the amount, if any, realized by the displaced business concern as compensation for comparable additions, improvements, alter- ations or other physical changes to the structure and premises acquired, as part of the payment made -for the acquisition of such structure and premises. o..o or 1..71) CC- • )CIN G"[IT FOk FILING Ar;,M1N51aATIVE REGULATIONS WITH THE SECRETARY OF STATE A 11 (►.n.aM 1. G�,v Cod. S..*.w 713MI) (3) The cost of any license, permit or certification required by a displaced business concern to the extent such cost is necessary to the reestablishment of its operation at a new location. (4) The reasonable cost of any professional services (including but not limited to, architects', attorneys' or engineers' fees, or con- sultants' charges) necessary for planning the move of personal property, moving the personal property, or installation of relocated personal property at the replacement site. (5) Where an item of personal property which is used in connection with any business or farm operation is not moved but is replaced with a comparable item, reimbursement in an amount not to exceed (1) the re- placement cost, minus any net proceeds received from its sale, or (2) the estt,.oted cost of moving, whichever is less. (c) Advance Payments. A displaced person may be paid for his anticipated moving expenses in advance of the actual move. A public entity shall provide advance payment whenever later payment would result in financial hardship. Particular consideration shall be given to the financial limitations and diffi- culties experienced by low and moderate income persons and small farm and business operations. (d) The specific provisions contained in this section are not intended to preclude a public entity's reliance upon other reasonable means of effec- ting a move, including contracting moves and arranging for assignment of movin expense payments by displaced persons. ?e) Self -moves. Without documentation of moving expenses actually in- curred, a displaced person electing to self -move may submit a claim for his moving expenses to the public entity in an amount not to exceed an acceptable low bid or an amount acceptable to the displacing entity. (f) Personal Property of Low Value and Nigh Bulk -- Business or Farm Operation. Where, in the judgment of the public entity, 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 its value, the allowable reimbursement for the expense of moving such property shall not exceed the difference between the cost of replacing the same with a comparable item available on the market and the amount which would have been received for such property on liquidation. This provision may in appropriate situations be applied to claims involving the moving of junkyards, stockpiles, sand, gravel, minerals, metals and similar property. (g) Documentation in Support of a Claim. (1) General.. Except in the case of a displaced person conducting a self -move as provided in subsection (e) above, a claim for a payment under this section shall be supported by a bill or other evidence of ex- penses incurred. By prearrangement between the public entity, the site occupant, and the mover, evidenced in writing, the claimant or the mover may present an unpaid moving bill to the public entity, and the public entity may pay the mover directly. (2) Business and Farm Operations. Each claim in excess of $1,000 for the costs incurred by a displaced person for moving his business or farm operation shall be supported by competitive bids in such number as are practical. If the public entity determines that compliance with the bid requirement is impractical or if estimates in an amount of less than $1,000 are obtained, a claim may be supported by estimates in lieu of bids. .10. 400♦ 10-71) FOR FIllNG AChtIHSRATIYE REGUlAT10A- WITH THE 5XRETART OF STATE (►.nr..1 b Ge+......w1 ced. SwsKw tt3la.t) (h) Whenever a public entity must pay the actual cost of moving a aisplace( person the costs of such move shall be exempt from regulation by the Public Utilities Commission as provided by section 7262(e) of the Act. The public entity may solicit competitive bids from qualified bidders for performance of thi work. Bids submitted in response to such solicitations shall be! exempt from regulation by the Public Utilities Commission. 6092. Actual Direct Losses of Tangible Personal Property. (a) General. A pub Tc entT y shall make a payment to a displaced person who satisfies the eligibility requirements of section 6090 and this section, for actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, in an amount determined by the public entity to be in accordance with the provisions of this section. (b) Determining Actual Direct Loss of Property. Actual direct loss of property shall be determined on the basis of the lesser of the following: (1) The fair market value of the property for continued use at its location prior to displacement. (2) The estimated reasonable costs of relocating the property. The public entity may require that the owner first make a bona fide effort to sell the property or it may permit the owner not to do so. The proceeds realized from any sale of all or part of the property shall be deducted from the determination of loss. In calculating payment under this section the reasonable cost of an effort to sell shall be added to the determination of loss. (c) Documentation to Support Claim. A claim for payment hereunder shall be supported by written evidence of loss which may include appraisals, certi- fied prices, bills of sale, receipts, cancelled checks, copies of advertise- ments, offers to sell, auction records, and other records appropriate to support the claim or the public entity may agree as to the value of the pro- perty left in place. 6094. Actual Reasonable Ex enses in Searcntn Tur a n= 1a6=�� 16 ¢pi or Farm. A isp ace person w o satisfies the pertinent eligibility require-- ments of section 6090 with respect to actual reasonable moving expenses, shall be eligible for a payment in an amount not to exceed $500, in searching for a replacement business or farm, including expenses incurred for: �a) Transportation; b} Meals and lodging away from home- (c) Time spent in searching, based on the hourly wage rate of the salary or earnings of the displaced person or his representative, but not to exceed $10 per hour; and (d) Fees paid to a real estate agent or broker to locate a replacement business or farm. 6096. Moving Expenses Outdoor Advertising Businesses. A displaced person who conducts.a lawffor assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of outdoor advertising displays is entitled to payment for the reasonable cost of moving such displays or their in -place value, whichever is lesser. r0." ,ODA 11 I G'. ,T. p, J%. ITV MI IT I FOR FILING A 7MINISTRATIVE REGULATIONS WITH THE SECRETARY OF STATE cp.".o 1, CM MI C.J. SWIM 113MI) 6098. Alternate Payments -- Individuals and Families. A person or family, who is displaced from a dwelling and is eligible for a payment for actual rea- sonable moving expenses under section 6090, may elect to receive and shall be paid, in lieu of such payment: (a) A moving expense allowance not to exceed $300, and determined in accor ante with established Federal Highway Administration schedules maintained by the California Department of Transportation, and (b) A dislocation allowance of $200. 6100.. Alternate Payments -- Businesses and Farm Operations. (a) General. (1-T A person who is displaced from his place of business or farm operation and is eligible for payments under sections 6090, 6092, 6094, or 6096, and complies with the requirements of this section, may elect to receive and shall be paid, in lieu of such payments, a payment equal to the average annual net earnings of the business or farm operation (but not including a business as described in section 6096) as determined in accordance with subsection (b) below, except that such payment shall be z.not less than $2,500 nor more than $10,000. For purposes of this section, the dollar limitation specified in the preceding sentence shall apply to a single business, regardless of whether it is carried on under one or more legal entities. (2) Loss of Goodwill. When payment under this section will precede settlement of a claim for compensation for loss of good will under the Eminent Domain Law, the public entity before tendering payment shall state in writing what portion of the payment, if any, is considered to be compensation for loss of goodwill and shall explain in writing that any payment made pursuant to Code of Civil Procedure, Sections 1265.510 C et seq. (the Eminent Domain Law, Chapter 9, Article 6 - "Compensation for Loss of Goodwill") will be reduced in the same amount. The portion considered to be compensation for loss of goodwill shall not exceed the difference between the payment made under this section and an amount which reasonably approximates the payments for which the displaced person otherwise would be eligible under Sections 6090, 6092, 6094. and 6096. Failure to provide such written statement and explanation shall consti- tute a conclusive indication that no portion of the payment is considered to be compensation for loss of goodwill for the purposes of that portion of the Code of Civil Procedure referenced above. (b) Requirements -- Businesses. Payment shall -not be under this section unless the public entity determines that: -- (1) The business cannot be relocated without a substantial loss of its existing patronage, based on a consideration of all pertinent circum- stances including such factors as the type of business conducted, the nature of the clientele, the relative importance to the displaced business of its present and proposed location, and the availability of a suitable relocation site; (2) The business is not part of a commercial enterprise having anotht establishment which is not being acquired for a project and which is engage in the same or similar business. Whenever the sole remaining facility of i business which has been displaced from its principal location: O •ODA 167.1 FOR FILING ADMINSN `T1VE REGULATIOh}— WITH THE SECRETARY OF STATE b Csd. S'eO.— 11390.1) D a 3 (A) Has been in operation for less than two years; (B) Has had average annual gross receipts of less than $2,000 during the two taxable years prior to displacement of the major component of the business; or (C) Has had average annual net earnings of less than $1,000 during the two taxable years prior to the displacement of the major component of the business, the remaining facility will not be con- sidered another "establishment" for purposes of this section; and (3) The displaced business: (A) Had average annual gross receipts of at least $2,000 during the two taxable years prior to displacement; or (B) The displaced business had average annual net earnings of at least $1,000 during the two taxable years prior to displacement; or (C) The displaced business contributed at least 33-1/3 percent of the total gross income of the owner(s) during each of the two taxable years prior to displacement. If in any case the public entity determines that the two year period prior to displacement is not representative of average receipts, earnings or income, it may make use of a more representative period. (c) Determination of Number of Businesses. In determining whether one or more legal entities, all of which have been acquired, constitute a single business, the following factors among others shall be considered: (1) The extent to which the same premises and equipment are shared. (2) The extent to which substantially identical or intimately inter- related business functions are pursued and business and financial affairs are commingled. (3) The extent to which such entities are held out to the public, and to those customarily dealing with such entities, as one business. (4) The extent to which the same person or closely related persons own, control or manage the affairs of the entities. (d) Requirements -- Farms. In the case of a farm operation, no payment shall be made under this section unless the public entity determines that the farm met the definition of a farm operation prior to its acquisition. If the displacement is limited to only part of the farm operation, the operator will be considered to have been displaced from a farm operation if: the part taken met the definition of a farm operation prior to the taking and the taking caused such a substantial change in the nature of the existing farm operation as to constitute a displacement. (e) Requirements -- Nonprofit Organizations. In the case of a nonprofit organization, no payment shall be made under this section unless the public entity determines that: (1) The nonprofit organization cannot be relocated without a substan• tial loss of its existing patronage (the term "existing patronage" as used in connection with a nonprofit organization includes the membership, per- sons, community, or clientele served or affected by the activities of the nonprofit organization); and (2) The nonprofit organization is not a part of an enterprise having at least one other establishment not being acquired which is engaged in the same or similar activity. FOR FILING ACMIN5TRATIVE REGULATIONS WITH THE SECRITART OF STATE (h.w..� le ii.r.rnr•.nl Ced. S.,Ve I IJB0.1) (f) Net Earnings. The term "average annual net earnings" as used in this section means one-half of any net earnings of the business or farm operation, before federal and state income taxes, during the two taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired for such project, or during such other period as the head of the public entity determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse or his dependents during such period. The term "owner" as used in this section includes the sole proprietor in a sole proprie- torship, the principal partners in a partnership, and the principal stockholders of a corporation, as determined by the public entity. For purposes of deter- mining a principal stockholder, stock held by a husband, his wife and their dependent children shall be treated as one unit. (g) If a displaced person who conducts a business or farm operation elects to receive a fixed payment under this section, he shall provide proof of his earnings from the business or farm operation to the agency concerned. Proof of. earnings may be established by income tax returns, financial statements and accounting records or similar evidence acceptable to the public entity. 6102. Re lacement Housin Pa ents for Homeowners. (a) General. A public entity s a ma a to a person who is displaced from a dwelling and who satisfies the pertinent eligibility requirements of section 6084 and the condi- tions of subsection (b) of this section, a payment not to exceed a combined total of $15,000 for: (1) The amount, if any, which when added to the acquisition cost of the dwelling acquired for the project equals the reasonable cost, as deter- mined in accordance with subsection (c), of a comparable replacement dwelling. This amount shall not exceed the difference between the acqui- sition price of the acquired dwelling and the actual purchase price of the replacement dwelling, except where a displaced person, in the circum- stance described in paragraph 6108(a)(1), is willing to use the extra money to improve the condition of the dwelling. (2) The amount, if any, to compensate the displaced person for any increased interest costs, as determined in accordance with subsection (c), his required to pay for financing the acquisition of a replacement dwelling. The payment shall not be made unless the dwelling acquired by the public entity was encumbered by a bonafide mortgage which was a valid lien on the dwelling for not less than 180 days prior to the initation of negotiations for acquisition of such dwelling. (This time requirement may be modified in accordance with the provisions of subsection (b) below.) (3) Reasonable expenses, determined in accordance with subsection (c) of this section, incurred by the displaced person incident to the purchase of the replacement dwelling. (4) In accordance with section 6106, the cost of rehabilitating a dwelling which does not satisfy the decent, safe and sanitary standard. (b) Eligibility Conditions. (1) A displaced person is eligible for payment under this section if such person: 2 c 0.a00A/0-71 i colln4G47{ON l41�T 1 FOR FILING ADMIN5TRATIVf Rt6UlAT1ON.. WITH THE S:CZETART OF STATE IrV..V.AI Ip GO.MAMIII COd1 S.{KM It��o.tl P f 0 (A) Is displaced from a dwelling that is acquired; (B) Has actually owned id occupied such dwelling for not less than 180 days prior to the initiation of negotiations for its acqui- sition; and (C) Purchases and occupies a replacement dwelling within one year subsequent to the date on which he received final payment from the public entity of all costs of the acquired dwelling or the date on which he moves from the acquired dwelling, whichever is later. (2) If an owner satisfies all but the 180 day requirement and can establish to the satisfaction of the public entity that he bought the dwelling with the intention of making it his place of residence, that the move was not motivated by a desire to receive relocation assistance and benefits, and that he neither knew nor should have known that public acquisition was intended the public entity may reduce the requirement as necessary. (3) Where for reasons beyond the control of the displaced person completion of construction, rehabilitation, or relocation of a replacement dwellig is ch occuacy is publicnentity eshall determine layed beyond ethe tdate ofe by ioccupancynt be the required, e date the displaced person enters into a contract for such construction, rehab- ilitation, or relocation or for the purchase, upon completion, of a dwelling to be constructed or rehabilitated, if, in fact, the displaced person occupies the replacement dwelling when the construction or re- habilitation is completed. (4) Where, for reasons of hardship or circumstances beyond the control of the displaced person, such person is unable to occupy the replacement dwelling by the required date, the public entity may extend the deadline as purchasesarreplacementhe dealindwelling,etheepublicaentitydisplced rson shouldsextendcontracted to the deadline. (5) No person otherwise eligible for a payment under this section or under section 6104 shall be denied such eligibility as a result of his being unable, because of a major stat8 or national disaster, to meet the occupancy requirements. (c) Computation of Replacement Housing Payment. (1) Cost of Comparable Replacement Dwelling. (A) In determining the reasonable cost of a comparable replace- ment dwelling, the public entity concerned shall use one of the fol- lowing methods: 1. Comparative Method. On a case -by -case basis by deter- . mining the listing price of dwellings which have been selected by the public entity and which are most representative of the acquired dwelling unit and meet the definition of comparable replacement dwelling set out in subsection 6008(c). Whenever possible the listing price of at least three dwellings shall be considered. 2. Schedule Method. Where the public entity determines that the comparative method is not feasible, it.may establish a schedule of reasonable acquisition costs for the various types of comparable replacement dwellings. If more than one entity is administering a project causing displacement in the area, it shall schedule for pthe tentitiese with the other h area. The scheduleshall be basedlonancurrent G:;ti.SALT FOR FILING ArAINST; �, {Ml AIGULATiONS WITH THI SICRITARY OF STATS (►. .* 1, Cov..nMne c.d. S.Cs., 117641) analysis of the market to determine a reasonable cost.for each type of dwelling to be purchased. In large urban areas this analysis may be confined to the sub -area from which persons are displaced or may cover several different sub -areas, if they satisfy or exceed the criteria listed in subsection 6008(c). -To assure the greatest comparability of dwellings in any analysis, the analysis shall be divided into classifications of the type of construction, number of bedrooms, and price ranges. 3. Alternative Method. Where the public entity deter- mines that neither the schedule, nor comparative method is feasible in a given situation, by the use of another reasonable method. (B) .Whichever method is selected the cost shall be updated to within three months of the date of purchase of the replacement dwelling. dw Interest Payments. Interest payment hall be equal to the dis- counted present value of the difference betweei he aggregate interest applicable to the amount of the principal of {tT�¢¢ Inon the acquired dwelling over its remaining term at the time of acquisition, and other debt service costs, anoe aggregate interest paid on the mortgage on the replacement dwelling,brdd other debt service costs. The term and amount of the mortgage on the replacement dwelling for purposes of this paragraph shall be the lesser of the remaining term and amount of the mortgage on the acquired dwelling, or the actual term and amount of the mortgage on the replacement dwelling. The amount of the debt service cost with respect to the replacement dwelling shall be the lesser of the debt e service cost based on the cost required for a comparable dwelling, or the : debt service cost based on the actual cost of the replacement dwelling. Prepaid interest or "points" shall be considered in the determination e of aggregate interest. In calculating the amount of compensation, increased interest cost shall be reduced to discounted present value using the prevailing interest rate z paid on savings deposits by commercial banks in the general area in which $ the replacement dwelling is located. (3) Expenses Incident to the Purchase of the Replacement Dwelling. Payment under this section shall include the amount necessary to reimburse the displaced person for actual costs incurred by him incident to the purchase of the replacement dwelling, including but not limited to the following: legal, closing, and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or and charges paid incident to recordation; lender, FHA, VA or plats, similar appraisal cost; FHA, VA or similar application fee; cost for certification of structural soundness; credit report charges; charge for owner's and mortgagee's evidence or assurance of title; escrow agent's fee; and sales or transfer taxes. Payment for any such expenses shall not exceed the amount attributableto the purchase of a replacement dwelling. Such expenses shall be reasonable and legally required or customary in the community. Reimbursement shall not be made under the provisions of this paragraph for any fee, cost, charge, or expense which is determined to be a part of " the debt service or finance charge under Title I of the Truth in Lending Act (Pub. L. 90-32I), and Regulation Z issued pursuant thereto by the Board of Governors of the Federal Reserve System. Any such sum should be considered in the determination of interest payments. ;TC. t¢Jk f..tq CONrlmu ►Tlow SM1R FOR FILING ADAUNSTD.ATIVI RIGULATION1 WITH THE SECRETARY OF STATE • [Pw .. t 1, C.d. S"Ii.. 113MI) a 0 z (d) Multi -family Dwelling. In the case of a displaced homeowner 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 compara- ble 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 cost of an otherwise comparable single-family structure. (e) Owner Retention. (1) If a displaced homeowner elects to retain, move, and occupy his dwelling, the amount payable under this section 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 sani- tary deficiencies. if any, and the actual purchase price of a comparable relocation site. A public entity may limit the payment made under this subsection to the amount of the replacement housing payment for which the homeowner would otherwise be eligible. (2) The payment shall not exceed $15,000. (f) Provisional :ayment Pending Condemnation. If the exact amount of a replacement housing payment cannot be determined because of a pending conderr- nation suit, the public entity concerned may make a provisional replacement housing payment to the displaced homeowner equal to the difference between the public entity's maximum offer for the property and the reasonable cost of a comparable replacement dwelling, but only if the homeowner enters into an agreement that upon final adjudication of the condemnation suit the replace- ment housing payment will be recomputed on the basis of the acquisition price determined by the court. If the acquisition price as determined by the court is greater than the maximum offer upon which the provisional replacement housing payment is based, the difference will be refunded by the homeowner to the public entity. If the acquisition price as determined by the court is less than the maximum offer upon which the provisional replacement housing payment is based, the difference will be paid to the homeowner. (g) Lease of Condominium. For the purposes of this section. the leasing of a condominium for a 99-year period, or for a term which exceeds the life expectancy of the displaced person as determined by the most recent life tables in Vital Statistics of the United States, as published by the Public Health Service of the Department of Health, Education and Welfare, shall be deemed a purchase of the condominium. 6104. Re lacement Housino Payments for Tenants and Certain Others. (a) GeneraT—A Tub I Tc entity snaTr make to a displaced person who satisfies the eligibility requirements of section--60 4 and the conditions of subsection (b) below, a payment not to exceed"$4,000 for either: (1) An amount, computed in accordance with paragraph (d)(1) of this section, necessary to enable such person to lease or rent a replacement dwellin for a period not to exceed 4 years; or An amount, computed in accordance with paragraph (d)(2) of this section, necessary to enable such person to make a downpayment on the purchase of a replacement dwelling (including incidental expenses des- cribed in section 6102). If such amount exceeds $2,000, the displaced person shall equally match any such amount in excess of $2,000 in making the downpayment. .t ♦DOA P.T1 1 CCNr.f. ,_ ATIC'1 SnM FOR FILING ADMINSTRAnv1 RIGULATIONS WITH THE 51CRtTARY Or STATZ (►.nw.l to C.w.. .f Ced. Sall" 113MI) (b) Eligibility Conditions. A displaced person is eligible for the payments specified in subsection (a) if he satisfies the following conditions: (1) Has occupied the dwelling from which he is.displaced for a period of not less than 90 days prior to the initiation of negotiation for acqui- sition of such dwelling. (2) .Is not eligible to receive a replacement housing payment for homeol under section 6102 or elects not to receive such payment. Where the display person is the owner -occupant of the dwelling, the payment made under paragral 6104(a)(2) shall not exceed the amount of payment to which the person would eligible under section 6102. (3) Whenever a payment under subsection (a)(2) is sought the dis- placed person shall within one year from the date of displacement pur- chase and occupy a replacement dwelling. (c) The provisions in subsection 6102(b) for modifying the conditions of eligibility also apply to this section. (d) Computation of Payment. (1) Rentals. The amount of payment necessary to lease or rent a comparable replacement dwelling, under subsection (a)(1), shall be com- puted by subtracting 48 times the base monthly rental of the displaced person (as determined in accordance with this subsection), from 48 times the monthly rental for a comparable replacement dwelling (as determined in accordance with this subsection): Provided, that in no rase may such amount exceed the difference between 48 times the base monthly rental as determined in accordance with this subsection and 48 times the monthly rental actually required for the replacement dwelling occupied by the displaced person. (A) Base Monthly Rental. The base monthly rental shall be the lesser of the average monthly rental paid by the displaced person for the 3-month period prior to initiation of negotiations and 25 percent of the displaced person's average monthly income. (See subsection 6008(1).) Where the displaced person was the owner of the dwelling from which he was displaced or was not required to pay rent for that dwelling, the economic rent (see subsection 6008(h)) shall be used in lieu of the average monthly rental to calculate base monthly rental, .(B) Comparable Rental. The monthly rental for a comparable replacement dwelling shall be the amount of rent determined by the public entity by one of t1.e methods described in paragraph 6102(c)(1), considering rental charges instead of listing price or acquisition cosi (C) Whichever method is selected the cost shall be updated to within three months of the date of rental of the replacement dwelling. (2) Downpayment. The downpayment for which a payment specified under paragraph (a)(2) of this section may be made, together with any matching share which may be required, shall not exceed the amount of a reasonable downpayment for the purchase of a comparable replacement dwellim where such purchase is financed, plus expenses incident to the purchase of a replacement dwelling computed in accordance with Section 6102. The full amount of a downpayment under this section shall be applied to the purchase of the replacement dwelling and shall be shown on the closing statement or ofher document acceptable to the public entity.- !OR FILING A'ZWNSTAATiY1 REGULATION WITH MI STCRETART Of STATA (►YAWN A G-w.n.+M C.J. SA;" 11930.1) 13 91 f.- (e) Rental Payments for Displaced Owners and Dependents. (1) Owners. A displaced owner who elects to rent rather than purchase a replacement dwelling and who meets the eligibility conditions specified in subsection (b) is eligible for the payment specified in paragraph (a)(1). (2) Dependents. 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. At the time the displaced dependent vacates that dwelling, no further payment under this section shall be made to such person. For the purposes of this paragraph a 'dependent' shall be a person who derives fifty-one percent or more of his income in the form of gifts from 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 or more of their income is derived from sources other than gifts from another private person or academic scholarships 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) Disbursement. Except where specifically provided otherwise, the public entity shall have the authority to disburse payments under this section in a lump sum, monthly or at other intervals acceptable to the displaced person. 6106. Proration of Payments. For the purpose of calculating an alternate payment under section 6098 or a replacement housing payment under section 6102 or 6104. two or more individuals (whether they are members of one family or not) living together in and displaced from a single dwelling shall be regarded as one person. Where a tenant is sharing a single-family dwelling with an owner -occupant and paying .the owner -occupant rent for the privilege, the tenant shall not be entitled to more than one-half of the rental supplement otherwise payable. The owner -occupant shall not be required to share the payment to which he is ent or accept a_prorated amount. 6108. Condition of Replacement Dwellin . {a) When a displaced person qualifies for a replacement housing payment under section 6102 or 6104) by purchasing or renting a replacement dwelling, the unit, as a general rule, must be decent. safe and sanitar . There are three exceptions. One is described in paragraph 6040(a)(61. The others are: (1) If the purchase of such a dwelling is the result of the public entity's failure to identify a reasonable number of comparable replace- ment dwellings as required or if the dwelling is one to which the person was referred by the public entity, the condition of the dwelling does not effect eligibility for a replacement housing payment. (2) If the purchase of such a dwelling is not the result of a public entity's referral or failure to refer, the otherwise eligible person qualifies for a replacement housing payment if the unit is brought into compliance with the decent, safe and sanitary standard. In this situa- tion payment shall be limited to the amount that would be provided in connection with the purchase of a similar, comparable replacement dwellin or the sum of the actual costs of acquisition (including related expenses}? and rehabilitation, whichever is less. 'J. 100A (.411 lam.'. n'.�•n.n mo. tuR DUNG AJMINSTAAT)V! RIGULAVOTO WITH THI SICRUARY Of STATS (►u n.:.l 1. G«.....M Cod. S. s" 1171AII) (b) A public entity shall not induce or encourage a displaced person to acquire a dwelling which does not satisfy the comparable replacement housing standard. (See section 6008(c).) 6110. Certificate of Eli ibilit . Upon request by a displaced homeowner or tenanE who as no ye pure ase and occupied a replacement dwelling, but who is otherwise eligible for a replacement housing payment, the public entity concerned shall certify to any interested party, financial institution, or . lending agency. that the displaced homeowner or tenant will be eligible for the payment of a specific sum if he,purchases and occupies a dwelling within the time limits prescribed. 6L22. Mobile Homes.. . (a)' General. A mobile home is a dwelling. (see subsection 6008 g A person displaced from a mobile home must satisfy the same eligibility requirements and must be provided the same assistance, assur- ance and payments as a person displaced from a conventional dwelling. (b) Moving Expenses. If a mobile hove is moved to another site, the dis- placed person shall be compensated for. moving expenses in accordance with sections 6090 and 6092. The provisions of these sections which generally apply only to businesses and farms shall also apply to displaced persons who move a mobile home.' (c) Replacement housing payments. (1) A person who owns a mobile home and site and as a replacement purchases both a dwelling and site shall be provided a replacement housing payment in accordance with section 6102. A person who owns a mobile home o and site, and as a replacement rents both a dwelling and site. shall be IL provided a payment in accordance with section 6104. e (2) A person who rents a mobile home and site, and as a replacement rents or purchases a dwelling and site, shall be provided a payment in = accordance with section 6104. (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 5 accordance with sections 6102 and 6104. The payment shall be limited to 8 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 6102) plus the amount necessary to rent a replacement site (in accordance with section 6104). 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 (as provided in paragraph 6104(d)(1))- (4) A person who owns a site from which he moves a mobile home shall be provided a replacement housing payment under section 6102 if he purchases a replacement site and under section 6104 if tie rents a re- placement site. (5) A person who owns a mobile home which is acquired and rents the site shall be provided payment as follows: _ro.40-OA (.-ao \ Comil"UAno„ SM1IT I. FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATI Y a e (A) If a mobile home is not available the amount required to purchase a conventional replacement dwelling (in accordance with section 6102); (B) The amount necessary to purchase a replacement mobile home (in accordance with section 6102) plus the amount necessary to lease, rent -or make a downpayment on a replacement site (in accordance with section 6104); or (C) If he elects to rent a replacement mobile home and site, the amount required to do so in accordance with section 6104. 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 combina- tions of ownership and tenancy upon which a claim for payment might be based. Affected Pro re26114. a na t 762 of the Act (see sections 6090, 6092. 6094, 6096, 6048 and 6100). as a cost of acqui- sition, the public entity shall make a payment to any affected property owner meeting the requirements of this section. (b) Such affected property is immediately contiguous to property acquired for airport purposes and the owner shall have owned the property affected by acquisition by the public entity not less .than 180 days prior to the initiation of negotiation for acquisition of the acquired property. (c) Such payment, not to exceed fifteen thousand dollars ($15,000)6 shall be the amount, if any, which equals the actual decline in the fair market value of the property of the affected property owner caused by the acquisition by .the public entity for airport purposes of other real property and a change in the use of such property. (d) The amount, if any, of actual decline in fair market value of affected property shall be determined according to rules and regulations adopted by the public entity. Such rules and regulations shall limit payment under this section only to such circumstances irf which the decline in fair market value of affected property is reasonably related to objective physical change in the use of acquired property. (a) -,"Affected property" means any real property which actually declines in fair market value because of acquisition by a public entity for public use of other real property and a change in the use of the real property acquired by the public entity. Article 4. Last Resort Housing. 6120. Pur ose. The purpose of this part is to set forth the criteria and procedures for assuring that if the action of a public entity results, or will result in displacement, and comparable replacement housing will. not be available as needed, the public entity shall use its funds or funds author- ized for the project to provide such housing. Ia. 40[.% 1.-M W C04111•V%110N SHIFT FOR FILING ADMINSTRATIVA REGULATIONS WITH r,41 SFCRITART OF STAT1 Ir n. I. ce .....1 Ced. S.Me. 117MI) 6122. Determination of Need for Last Resort Housing. If on the basis of data d—er7ved from surveys and analyses which satisfy the requirements of sections 6048 and 6052, the public entity is unable to demonstrate that compara- ble replacement housing will be available as required, the head of the public entity shall determine whether to use the public entity's funds or the funds authorized for the project to provide such necessary replacement housing or to modify, suspend or terminate the project or undertaking. 6124.' Development of Replacement Housing Plan. (a) General. (1) Following the determination pursuant to section 6122, the head of the displacing public entity shall develop or cause to be developed a replacement housing plan to produce a sufficient number of comparable replacement dwellings. The plan shall specify how, when and where the housing will be provided, how it will be financed and the amount of funds to be diverted to such housing, the prices at which it will be rented or sold to the families and individuals to be displaced, the arrangements for housing management and social services as appropriate, the suitability of the location and environmental impact of the proposed housing, the arrangements for maintaining rent levels appropriate for the persons to be rehoused, and the disposition of proceeds from rental, sale, or resale of -such housing. If a referendum requirement or zoning presents an obstacle, the issue shall be addressed. (2) All contracts and subcontacts for the construction, rehabilita- tion or management of last resort housing shall be let without discrimina- tion as to race, sex, marital status, color. religion, national origint ancestry or other arbitrary circumstance and pursuant to an affirmative '-action program. The public entity shall encourage participation by minority persons in all levels of construction, rehabilitation, planning, _ financing and management of last resort housing. When the housing will be located in an area of minority concentration, the public entity shall seek to secure significant participation of minorities in these activities. -The public entity shall require that, to the greatest extent feasible, opportunities for training and employment arising in connection with the planning. construction, rehabilitation, and operation of last resort •`�' housing be given to persons of low income residing in the area of such -housing and shall determine and implement means to secure the participa- tion of small businesses in the performance of contracts for such work. (b) Citizen Participation. (1) If the need for last resort housing exceeds 25 units, the head of the displacing public entity shall establish a committee which will consult with and provide advice and assistance to the displacing public entity 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 areawide 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 displacing entity or elected by the residents, as the residents wish. Resident repre- sentatives 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 TD •Ong 1.>.1 1. CON1I49ATI6i1 Imlay _ FOR FILING ADMINST2ATIVI REGULATIONS WITH THE SICRETAaY OF STATE (►v .w 1. Go .....r cede Safi" 11320.1) El (3) The plan trust be approved by the vote of a simple majuri�y of the committee membership. In the event the committee fails to approve the plan, the local governing body or, where the displacing entity isa state agency. the head of the state agency may approval. (c) Consultation with Other Housing Agencies and Organizations. The head of the displacing public entity may consult or contract with the department, a local housing authority, or other agency or organization having experience in the tancedandiadviceoinothe developmentuofntherreplacermentrhousingovide eplan. assis- tance Submission of Plan for Cor,,"B. The head of the displacing public entity shall submit the plan and all significant amendments to the department and local housing andplanning agencies for comment and to assure that the plan accurately reflects housing conditions and needs in the relocation area. Reviewing agencies shall have 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 6046(a)(3) and subsection 6046(b); and it shall be provided 30 days prior to submission to the committee, or the local govern- ing body or head of state agency for approval. 6128. Determination by Dis lacinq Public Entity of Feasibility and Com- lPiante. Upon receip and consideration Of the comments, the displacing public entity shall determine whether or not: NThe plan is feasible. The plan complies with applicable environmental standards and pro- cedures. (c) The plan is compatible with the local general plan and housing element and the areawide housing plan or strategy. If any of the above determinations by the displacing public .entity is negative the displacing public entity shall revise the plan as necessary. Substantial modifications in the plan shall be submitted for review and comment as provided in section 6126. If necessary for timely implementation of the plan or execution of the project, the head of the displacing public entity tray shorten the time allowed in section 6126 for review of modifications. 6130. Im lementation of the Replacement Housing Plan. Upon making the determinations require by section 6128, the head of the displacing entity may expend funds and take such other actions as necessary to provide, rehabili- tate, or construct replacement housing pursuant to the approved replacement housing plan through methods including but not limited to the following: (a) Transfer of funds to state and local housing agencies. b) Contract with organizations experienced in the development of housing. (c) Direct construction by displacing public entity. Whenever practicable, the head of the displacing public entity should utilize the services of federal, state, or local housing agencies, or other agencies having experience in the administration or conduct of similar housing programs. D..OG.. (0-751 / ccs l.4JAU;:M "117 FOR FIUNG ADmjNST3(ATIV1 RFGULAUCINS WITH THE SICRITARY OF STATi (►.n... t 1. G.,. ...M C.d• S..%" 11330.1) P 6132. Housing Production. The head of the displacing public entity shall monitor the production of the last resort housing to ensure that it is in accordance with the plan. 6134. Jointl S ored Development. Where severalagencies are shallmbeis tering programs resu ing in residental displacement, opportunities sought.for joint development and financing to aggregate resources in order most efficiently to provide replacement housing in sufficient quantity to satisfy the aggregate needs of such programs. 6136. Last Resort Housinc In Lieu of Pa ents. A public entity shall not require a displaced person to accept a we ing provided pursuant to this Article in lieu of the displaced person's acquisition payment, if any, for the real property from which he is displaced or the relocation payments for which he may be eligible.. 6138. Conformit with the Act and Other Statutes, Policies and Proce- dures-�a) CiN1 Rig is a—dn er cts. e a minis ra ion o is r �cle shall be in accord with the provisions of the Unruh Civil Rights Act (Civil Code, Sections 51 et seq.), the Rumford Act (Health and Safety Code, Section 35700 et seq.), Section 1 of the Civil Rights Act of 1866 (42 U.S.C. 1982), Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act . of 1968, the Environmental Quality Act of 1970 (Public Resources Code, Section 21100 et seq.) and regulations issued pursuant thereto. (b) Dwelling and Relocation Standards. Determinations made pursuant to section 6122 and any plan developed and implemented for providing replacement housing and all such housing provider thereunder shall be in conformity with the standards established in the Act%and Guidelines. Article 5. Grievance Procedures. 6150. PugoT. The purpose of this article is to set forth guide- linesio for processing appeals from public entity dete tns alTgi bility, the amount of payment, and for processing appealsfrom Persons aggrieved by a public entity's failure to refer them to comparable permanent or adequate temporary replacement housing. Public entities shall establish procedures to implement the p'ovisions of this Article. 61_52. Right of Review. (a) Any complainant, that is any pe rson who believes himself aggr eve by a determination as to eligibility, the amount of payment, the failure of the ppbli•Ic entity to provide comparable permanent or adequate temporary replacemen housing or the public entity's property management practices may, at�is election, have his claim reviewed and re- considered by the head of the public entity or an authorized designee (other than the person who made the determination in question) in accordance with the procedures set forth in this article, as supplemented by the procedures the public entity shall establish for such review and reconsideration. CONTINUATION SNIIT TD 4004 10.7N 11 FOR FILING ADMINSTRAYM REGULATIONS WITH THE SECRETARY OF STATE (►.n .M l Gor•.•s.wl C•d• S•11 n- 11780.1) (b) A person or organization directly affected by the relocation plan may petition the department to review the final relocation plan of a public entity to determine if the plan is in compliance with state laws and guidelines or review the implementation of a relocation plan to determine if the public entity is acting in compliance with its relocation plan. Review undertaken by the department under this section may be informal or may follow the pro- cedures outlined in Government Code, Sections 11180 et seq. Before conducting an investigation under the Government Code sections, the department should attempt to constrain disputes between parties. Failure to petition the department shall not limit a complainant's right to seek judicial review. (c) If a relocation appeals board has been established pursuant to Section 33417.5 of the Health and Safety Code, a city by ordinance may desig- nate the board to hear appeals from local public entities which do not have an appeal process. In the absence of such an ordinance, public entities shall establish procedures to implement the provisions of this Article. 6154. Notification to Complainant. If the public entity denies or refusesto consi er a _cj aim, the public entity's notification to the complain- ant of its determination shall inform the complainant of its reasons and the applicable procedures for obtaining review of the decision. If necessary, such h 11 b rinted in a language other than -English in accordance notification s a e p with section 6046. 6156. Stages of Review b 'a Public Entit . (a) Request for Further Written Information. A comp ainant may request the public entity to provide him with a full written explanation of its determination and the basis there- fore, if he feels that the explanation accompanying the payment of the claim or notice of the entity's determination was incorrect or inadequate. The public entity shall provide such an explanation to the complainant within three weeks of its receipt of his request. (b) Informal Oral Presentation. A complainant may request an informal oral presentation before seeking formal review and reconsideration. A request for an informal oral presentation shall be filed within the period described in subsection M of this section, and within 15 days of the request the public entity shall afford the complainant the opportunity to make such presentation. The complainant may be represented by an attorney or other person of his choosing. This oral presentation shall enable the complainant to discuss the claim with the head of the public entity or a designee (other than the person who made the initial determination) having authority to revise the initial determination on ary of the matters discussed in the claim. The public entity shall make a summ the oral presentation to be included as part of its file.. The right to formal review and reconsideration shall not be conditioned upon requesting an oral presentation. (c) Written Request for Review and Reconsideration. At any time within the period described in subsection (d) a complainant may file a written request for formal review and reconsideration. The complainant may include in the request for review any statement of fact within the complainant's knowledge or belief or other material which may have a bearing on the appeal. If the complainant requests more time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis therefor, the complainant's request should be granted. STD. 4004 IR.711 CONTINUATION S"M FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STAT! LM A 8 (p..M b Cod. S.ati. 11]5U.1) (d) Time Limit for Requesting Review. A complainant desiring either an informal oral presentation or seeking a formal review and reconsideration shall make a request to the public entity within eighteen months following the date he moves from the property or the date he receives final compensation for the property, whichever is later. 6158. Formal Review and Reconsideration by the Public Enti_,y. (a) Genera The public entity shall consider the request for review and shall decide whether a modification of its initial determination is necessary. This review shall be conducted by the head of the public entity or an authorized, impartial designee. (The designee may be a committee). A designee shall have the authors to revise the initial determination or the determination of a previous oral presentation. The public entity shall consider every aggrieved person's Complaint regardless of form, and shall, if necessary provide assistance to the claimant in preparing the written claim. When a claimant seeks review, the public entity shall inform him that he has the right to be represented by an attorney, to present his case by oral or documentary evidence, to submit' rebuttal evidence, to conduct such cross-examination as may be required for a full and true disclosure of facts, and to seek judicial review once he has exhausted administrative appeal. (b) Scope of Review. The public entity shall review and reconsider its initial determination of the claimant's case in light of: (1) All material upon which the public agency based its original determination including all applicable rules and regulations, except that no evidence shall be relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross-examine the witn (2) The reasons given by the claimant for requesting review and reconsideration of the claim. (3) Any additional written or relevant documentary material sub- mitted by the claimant. (4) Any further information which the public entity in its dis- .cretion, obtains by request, investigation, or research, to ensure fair and full review of the claim- (c) .Determination on Review by Public Entity. (1) The determination on review by the public entity shall include. but is not.limited to: (A) The -public entity's decision on reconsideration of the claim.- (B) The factual and legal basis upon which the .decision rests, including any pertinent explanation or rationale. (C) A statement to the claimant of the right to further admin- istrative appeal, if the public entity has such an appeal structure, or if not, a statement to the claimant that administrative remedies have been exhausted and judicial review may be sought. (2) The determination shall be in writing with a copy provided to the claimant. (d) Time Limits. (1)• The public entity shall issue its determination of review as soon as possible but no later than 6 weeks from receipt of the last ma- terial submitted for consideration by the claimant or the date of the hearing, whichever is later. re 4001. I..ni CoNrINWTIOM $WMT FOR FILING ADM1NSTRATIVE REGULATIONS ' WITH THE SECRETARY OF STATI (fvnwd 1. G�Mi C-do so"'" 11390.1) (2) In the case of complaints dismissed for untimeliness or Tor any other reason not based on the merits of the claim, the public entity shall furnish a'written statement to the claimant stating the reason for the dismissal of the claim as soon as possible but no later than 2 weeks from receipt of the last material submitted by the claimant or the date of the hearing. whichever is later. 6160. Refusals to Waive Time Limitation. Whenever a public entity rejects a request by a claimant for a waiver of the time limits provided in section 6088, a claimant may file a written request for review of this decision in accordance with the procedures set forth in sections 6156 and 6158, except that such written request for review shall be filed within 90 days of the claimant's receipt of the public entity's determination. 6162. Extension of Time Limits. The time limits specified in section 6156 may be exten a for goo cause by the public entity. 6164. Recommendations h Third Party. Upon agreement between the claimant and—t a pu c ent ty, a mutua y acceptable third party or parties may review the claim and make advisory recommendations thereon to the head of the public entity for its final determination. In reviewing the claim and making recommendations to the public entity, the third.party or parties shall be guided by the provisions of this ArticTe. 6166.• Review of Files by Claimant. Except to the extent the confiden- tiality of material is protected by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect all files and re- cords bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly denied access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination. '6168. Effect of Determination on Other Persons. The principles estab- lished in all determinations by a public entity shall be considered as prece- dent for all eligible persons in similar situations regardless of whether or not a person has filed a written request for review: All written determina- k t file and available for public review. tions shall be ep on 6170. Right to Counsel. Any aggrieved party has a right to representa- tion by legal or other counsel at his expense at any and all stages of the pro- ceedings set forth in these sections. 6172. Sta of Displacement Pending Review. If a complainant seeks to prevent wisp acement, t e public entity shall not require the complainant to move until at least 20 days after it has made a determination and the com- plainant has had an opportunity to seek judicial review. In all cases the public entity shall notify the complainant in writing 20 days prior to the proposed new date of displacement. F'.�[ FILING AOMINSTRATM R!GULATION, WITH THI 5ICRITART OF 5TATI (hnwM 1, Ge..r,n "o 3.,16. 11790.1) :3 6174. Joint Complainants. Where more than one person is aggrieved by the fafiTure —of the public entity to refer them to comparable permanent or adequate temporary replacement housing the complainants may join in filing single written request for review. A determination shall be made by the public entity for each of the complainants. 6176. Judicial Review. Nothing in this Article shall in any way preclude or limit a claimant from seeking judicial review of a claim upon exhaustion of such administrative remedies as are available under this Article. Article 6: Acquisition Policies 6180. Purpose. The purpose of this Article is to set forth the practices to beo7loweT with respect to acquisition of real property by a public entity. Public entities shall, to the greatest extent practicable, be guided by these practices. 6182. Acquisition. (a) A public entity shall make every reasonable effor to acqu re property by negotiation and to do so expeditious) . (b) Before negotiations are initiated (see subsection 6008(n)l a -public entity shall: (1) Have the property appraised, giving the owner or his represen- tative designated in writing an opportunity, by reasonable advance written notice, to accompany the appraiser during the inspection of the property; . ' (2) If the owner of real propperty is also the owner of a business a conducted on the real property to be acquired or on the remainder, inform him of his possible right to compensation for loss of goodwill. The public entity should include a copy ofthe pertinent provisions of the `o z Eminent Domain Law (Code of Civil Procedure Sections 1230,010 et seq.). S (3) Establish an amount it believes to be just compensation for the property, which amount shall. in no event, be less than the public entity's ap roved appraisal of the fair market value of the property as improved. The determination of just compensation shall be based upon considera tion of: (1) The real property being acquired; (2) Where the real property acquired is part of a larger parcel, the injury', if any, to the remainder; and (3) Loss of goodwill, where the owner of the real property is also the owner of a business conducted upon the property to be acquired or on the remainder and where the provisions of the Eminent Domain Law pertaining to compensation for loss of goodwill are satisfied. 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. FOR FILING ADMIN5TRATIVE REGULATION — WITH THE SECRETARY OF STATE c►.n.u.I,. G.•.•.• 4 C+J. Sall.. 113MI) (d) As soon as possible after the amount of just compensation is estao- lished, the public entity shall offer to acquire the property for the full amount so established and shall provide the owner with a written statement of the basis for determination of just compensation. The statement shall in- clude the following: (1) .A general statement of the public use for which the property is to be acquired. (2) A description of the location and extent of the property to be taken, with sufficient detail for reasonable identification, and the in to be acquired. (3) An inventory identifying the buildings, structures, fixtures, and other improvements. .(4) A recital of the amount of the offer and a statement that such amount: (A) .Is the full amount believed by the public entity to be just compensation for the property taken; (8) . Is not less than the approved appraisal of the fair market .value of the property as improved; (C) Disregards any decrease or increase in the fair market :. value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and (D) 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 public entity, except for an amount to compensate the owner for that portion -of loss of goodwill provided in accordance with Section 6100_ (5) If the real property is a portion of a lamer parcel. the state- ment shall include an apportionment of the total estimated ;just compensa- tion for the partial acquisition between the value of the property being taken and the amount.of damage. if any. to the remainder of the larger parcel from which such property is taken. (6) If the owner of the real property to be acquired'is also the owner of a business conducted upon the property or the remainder, the statement shall include an indication of the amount of compensation for loss of goodwi ;(e) At the initiation of negotiations (see subsection 6008(n)) a public entity shall 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 provisions of the' Eminent Domain Law (Code of Civil Procedure *- 5ection 1230.010 et seq.). (f) (1) If after receiving the public entity's offer the owner requests additional information regarding the determination of just compensation, the public entity shall provide the following information :to the extent ,Qlthat the determination of just compensation is based thereon: Y i FOR FILING ADMIN5TRATIVI RFGUTATIONS WITH THE 5ECUTART Or STATI (hn.../ 1. C...w.-.M C.J. S.nl.. 113W.1) ® �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 res ct to each sale, contract, or lease provided in accordance with.(1)(D) above, the following data should be provided: (A) The names and business or residence addresses, if known, of the arties to the transaction. (Bg The location of the property subject to the transaction. C The date of transaction. (D) The price and other significant terms and circumstances of the transaction, if known. In lieu of stating the other terms and circumstances, the public entity may, if the document is avail- able for inspection, state the place where and the times when it is available for inspection. (3) The requirements of this subsection do not apply to requests made after an eminent domain proceeding is commenced. (g) Whenever a part of a parcel of property is to be acquired by a public entity for public use and the remainder, or a portion of the remainder, will be left in such size, shape or condition as to constitute an uneconomic remnant the public entity shall offer to acquire the remnant if the owner so desires. For the purposes of these Guidelines an "uneconomic remnant" shall be a parcel of real property in which the owner retains an interest after partial acqui- x sition of his property and which has little or no utility or value to such z owner. (Nothing in this subsection is intended to limit a public entity's = authority to acquire real property.) (h) Nothing in this section shall be construed to deprive a tenant of S the right to obtain payment for his property interest as otherwise provided z by law. S (1) (1) Prior to commencement of an eminent domain proceeding the public entity shall make reasonable efforts to discuss with the owner its offer to purchase the owner's real property. The owner shall be given a reasonable opportunity to'present material -which he believes to be relevant as to the question of value and to suggest modification in the proposed terms and conditions of the purchase, and the public entity shall carefully consider the owner's presenta- tion. (2) Prior to commencement of an eminent domain proceeding, if the evidence presented by an owner or a material change in the charac- ter or condition of the property indicates the need for a new appraisal or if a significant delay has occurred since the determination of just compensation, the public entity shall, have its appraisal updated. If a modification in the public entityti§ determination of just compensation is warranted, an appropriate price adjustment shall be made and the new ® amount determined to be just compensation shall be promptly offered in writing to the owner. r S� F4,A FILING ADMINSTRATIVE RFGULATIO_ WITH THE SECRETARY OF STATE (Pwn... I a I C.d. S.1i.n 11300.1) r 8 v— (j) (1) In no event shall the public entity 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. (2) If any interest in property is to be acquired by exercise of the power of eminent domain, the public entity shall promptly institute formal condemnation proceedings. No public entity shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of this real property. 6184. Notice of Decision to Appraise. The public entity shall provide the owner with written notice of its decision to appraise the real property as soon as possible after the decision to appraise has been reached. The notice shall state, as a minimum, that: �a) A specific area is being considered for a particular public use; b) The owner's property has been determined to be located within the area; and (c) The owner's property, which shall be generally described, may be acquired in connection with the public use. 6186. Time of Offer. The public entity shall make its first written offer as soon as practicable following service of the Notice of Decision to Appraise. (See section 6184.) 6188. Notice of Land Acquisition Procedures. (a) At the time the public entity notifies an owner of its decision to appraise real property it shall furnish the owner a written explanation of its land acquisition procedures, describing in non -technical, understandable terms the public entity's acqui- sition rocedures and the principal rights and options available to the owner. (b� The notice shall include the following: (1) A description of the basic objective of the public entity's land acquisition program and a reference to the availability of the public entity's statement covering relocation benefits for which an owner -occupant may be eligible; (2) A statement that the owner or his representative designated in writing shall be given the opportunity to accompany each appraiser durin his inspection of the property. ?3) A statement that if the acquisition of any part of real pro- perty would leave the owner with an uneconomic remnant as defined in subsection 6182(g) the public entity will offer to acquire the unecon- omic remnant; if the owner so desires; (4) A statement that if the owner is not satisfied with the public entity's offer of just compensation he will be given a reasonable opportunity to present relevant material, which the public entity will carefully consider, and that if a voluntary agreement cannot be reached the public entity, 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 the latter as provided in section 6190. FU, PILING ADMIN15TRATIVI RIGULATIONj WITH THE SECRETARY OF STATE runuoo is Gor..ni t code Section 11]E0.1) 12 (5) A statement that construction or development of a project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by these Guidelines will be available) or to move his business or farm operation without at least 90 days written notice from the public entity of the date by which the move is required; and (6) A statement that, if arrangements are made to rent the pro- perty to an owner or his tenant for a short term or for a period subject to termination by the public entity on short notice, the rental will not exceed the lesser of the fair rental value of the property to short term occupier or the pro rata portion of the fair rental value for a typical rental period. If the owner or tenant is an occupant of a dwelling, the rental for the dwelling shall be within his financial means. (See subsection 6008(c).; 6190. Notice of Public Entity's Decision Not to Acquire. Whenever a public entity which has fongarded a Notice of Decision to Appraise or has made a firm offer subsequently decides not to acquire the property, the public entity shall serve a notice in writing on the owner, all persons occupying the property and all other persons potentially eligible for reloca- tion payments and assistance. This notice shall state that the public entity has decided not to acquire the property: It shall be served not later than 10 days following the date of the public entity decision not to acquire. 6192. Incidental Expenses. If the real property is acquired by purchase, the public entity shall pay all reasonable expenses incident to transfer. Among expenses requiring payment are. recording fees, transfer fees and similar expense incident to the conveyance of real property, and the pro rata portion of charges public service such as water, sewage and trash collection which are allowable to period subsequent to the date of transfer of title to the public entity, or the effective date of possession of such property by the public entity, whichever is earlier. The public entity shall inform the owner that he may apply for a rebate the pro rata portion of any real property taxes paid. 6194. Short Term Rental. (a) If the public permits an owner or.tenant to occupy the real property acquired on a rental basis for a short-term or for a pet subject to termination by the public entity on short notice, the amount of rent required shall not exceed the lesser of the fair rental value to a short-term occupier or the pro rata portion of the fair rental value for a typical rental pi If the owner or tenant is an occupant of a dwelling, the rental for the dwellii shall be within his financial means. (See subsection 6008(c).) (b) A post -acquisition tenant who occupies real property acquired on a ren basis for a short term and who is informed that the property has been acquired f1 public use shall be given not less than 30 days notice of termination of the ten, 6195. Public Information. The purchase price and other consideration pair the public entity is publicinformation and shall be made available upon request 6196. Service of Notice. Service of all notices required by this Article be made either by first c ass mail or by personal service upon the person to be 6198. Nonpossessory Interest Exception. The provisions of 6182(b). (c). ( and (f and 6188 shall not apply to the acquisition of any easement, right-of-wa covenant or other non -possessory interest in real property to be acquired for th, struction, reconstruction, alteration, enlargement, maintenance, renewal, repair replacement of sub -surface sewers, waterlines or appurtenance, drains, septic to nr a}n..n ....+e,• Arainc_ iTO 40004 16•711 C0N1iNUAT10M SHITT FOR FILING ADMINSTRATIVF REGULATIONS WITH THI SIC2[TAR7 OF STATI (�unuon/ f. Go....., Ced. S.sS.. 11]80.1) Attachment A Minimum Contents of Informational Statement(s) Item To Be Included Displaced Concerns persons and Others 1. General description of the nature and types of X X activities that will be undertaken. including an identification of areas which may involve displace- ment. A diagrammatic sketch of the project area should be attached. 2. Statement that public action may result in dis. X X placement but that no one lawfully occupying property will be required to surrender possession without at least 90 days' written notice from the public entity and no one will be required to move until 90 days after the provision of information. 3. Assurance that families and individuals will not be X required to move before reasonable offers of decent, safe, sanitary and otherwise comparable housing within their financial means have been made, except for the causes set forth in the local agency's eviction policy (which shall be in accordance with section 6058.) 4. General description of types of relocation payments X X available, including general eligibility criteria and a caution against premature moves that might result in loss of eligibility for a payment. 5. Identification of the agency's relocation program X X and a description of the relocation services and aids that will be available. 6. Encouragement to visit the agency's relocation X X office and cooperate with the staff. The address, telephone number, and hours of the relocation office should be specified. 70. *COA A-T11 13 CON INUATION ANN{T FOR FILING ADMINSTRATM REGULATIO! WITH THE SECRETARY OF STATA (F.n.•.i» �.sT..^�•wf Cod. S. *;• 11300.1) For Distribution To Business Item To Be Included Displaced Concerns Persons and Others 7. Information on replacement housing, including: X a. Brief description of what constitutes com- parable replacement housing, including physical standards- b. Laymen's description of Federal fair housing law (Title VIII_of Civil Rights Act of 1968). and applicable State and local fair housing laws, as well as rights under Tit1e,IV of the Civil Rights Act of 1964. C. Statement that the public entity (or its agent) X will identify comparable replacement dwellings within the financial means of and otherwise available to displaced persons and will provide assistance to persons in obtaining housing of their choice, including assistance in the referral of complaints of discrimination to the appropriate Federal, State or ldcal fair housing enforcement agency. d. Statement that persons may seek their own X housing accommodations and urging them, if they.do so, to notify the relocation office prior to making a commitment to purchase or occupy the property. B. Statement that the public entity will provide maxi- X mum assistance in locating relocation accommodations, including consultation with the Small Business Admin- istration and other governmental agencies which might be of assistance. 9. Statement describing requirement for prior notifica- X tion to the agency of the business concern's inten- tion to move. T1.. 4004 Iw111 ' CONTINUATION IN/IT FOR FILING ADMINSTRATIY[ REGULATIONS WITH THE SECRETARY OF STATE (Irnwnf M Ge..rnr..y C.d. SMi.w 117/0.1) For Distribution To Business Item To Be Included Displaced Concerns -- Persons and Others 10. Summary of the local agency's eviction policy. X X which shall be in accordance with the provisions of section 6058. 11. Statement describing the agency's grievance pro- X X cedure, its purpose, and how it may be used, which procedure shall be in accordance with the provisions of Article 5. 10 Goverr.-.�_at Code, C'::aater lc of Division 7 of Tile 1 (co:rmencing with Section%360), is referred to in Sections 33415 anc 337Gd c the Comr,: nity Redevclop- ment Law. 7260. As used in this c`:apter: (a) "Pu'pli.c entity" incluc•as the state, the Rccents of the University of California, a county, city, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state c:hen acquiring real property, or any interest therein, in any city or county fcr public use. (b) "Person" mea:.s any individual, partner- ship, corporation, or association. (c) "Displaced person" -means any person who moves from real property, or :;o moves his personal property from real property, as a result of the acquisition of such real property, in whole or in part, by a public entity or by any person having an agreement with or acting on behalf of a public entity, or as the result of a a:ritten order from a public entity to vacate the real property, for public use. This cefinition shall be construed so that persons displaced as a result of public action receive relocation benefits in cases a:here they are displaced as a result or an o%.,ner parti- cipation acreement or an acquisition carried out by a private person for or in connection with a public use ,.here the public entity is otherwise e powered to acquire the property to carry out the public use. (d) "Business" means any la,.cful activity, except a farm operation, conducted pri:-arily: (1) For the purchase, sale, lea,e; or rental of personal and real property, and for the manufac- ture, processing, or rar;eI nc of products, com- modities, or any other personal pro erty; (2) For the sale of services to the public; (3) By a nonorofit orcanization; or (4) Solely for the purpose of Section 7262 for assisting in the purchase, sale, resale, manu- facture, processing, or -marketing, of products, Commodities, cerso::al property, cr services by the erection nd maintenance of an r_ltdoor advertising display, w'.:ether or not such display is located on the premises on w`:ich any of the above activi- ties are co-.cucted. r (e) "Farm operation" r..ei_ns any activity con- ductcd solely cr pri:-,=rily for e production of er.e or more acricultural products or conro;odities, including ti:-_er, for sale or !=.2 use, and cus- to-.ari.ly producing such products or com odities in sufficient c-.:ar.tity to be capable of contributing materially to the operator's su:,: ort. (f) "Affected pre�ierty" r.ean.s any real pro- perty which actually declines in `air market value because of accuisition _- public entity for public use of other real prc erty and a change in the use of the real property accuired by the Public enti tV . (g) ""lublic use" -.eans a use for :which real property may be acquired by eminent domain. (h) ;1crtgace" means such classes of liens as are con:p.en1v given to secure advances on, or the unpaid purchase price of, real property, to- gether with the credit instruments, if any, secured thereby. 7261.. (a) A public entity shall provide relocation advisory assistance tc any person, business, or farm operation cisolaced because of the acquisition of real property _`or public use. (b) In civinq such assistance, the public entity may establish local relocation advisory assistance o`=ices to assist in obtaining replace- n',ent facilities for e--sons, businesses, and farm operations -::bich find ,--:at it is necessary to re- locate beca;_se of the acquisition of real property by the public entity. (c) Such advisory assistanco shall include: (1) Determining the need, if any, of displaced persons for relocation assista:�ce. (2) Pco-oiding current and centinuinq information on the availability, prices, and re::tals of comparable decent, safe, and sanitary housing `or displaced per- sons, and of ccmparable con-":,ercial properties and lo- cations for disalace: businesses. (3) Assuring that, %:ithin a reasonable period of tir::e, p-ior to lisp'=cement to the extent that it can be rea=_or.sbl.y accor-,lished, t..-re will be available in areas no_ c-nerally less desirable in regard to public utilities and z:upl.ic and c_.ercial facilities, and at rents or prices 'within t,e `inancizi means of the fanilies ar.d individuals displaced, decent, safe, and sanitary c=alLnas , ecual ip ....-ber to the nui-nber of, and available to, such disz:lcced persons who require such dwellings. and reasonably accessible to their places Of em_�loy:;v-nt, eycept that, in the case of a federally funded project, a waiver may be obtained from the federal aov-2rnment. (i) Assisting a displaced person displaced from his business or farm operation in obtaining and becom- ing establis^ed in a suitable replacement location. (5) Supplying information concerning federal and state housing programs, disaster loan programs, and other federal or state programs offering assistance to disolaced persons. (6) Providing other advisory services to displaced persons in order to minimize hardships to such persons. (d) the public entity shall coordinate its re- location assistance program :with the project work neces- sitating the displacem=nt are with other planned or proposed activities of other public entities in the community or nearby areas which may affect the imple- mentation of its relocation assistance program. 7261.5. In order to prevent unnecessary expenses and duplications of functions, and to promote uniform and effective administration of relocation assistance programs .`.o: displaced persons under this chapter, a public entry may enter into a contract with any in- dividual, fir:a, association, or corporation for ser- vices in connection r:ith such program, or may carry out its -unctions under this chapter through anv fed- eral, state, or legal govern,-._ntal agency having an establis3:ed oroanization for conducting relocation assistance programs. .=.ny public entity may, in carry- ing out its relocation assistance activities, utilize the services of state or local housing agencies or other a encies having ex:_�crience in the administration or conduct of similar housing assistance activities. 7261.6. Not•.:ithstandinc any other'provisicn of this chapter, asy city, county, or city and county may establish a cc--ntral relocation office to coordi- nate all relocation activities within the jurisdiction of the local acen.cy. A count: relocation office shall have jurisdiction cnlv over those relocation activi- ties whic,: to}:e place wit3in t'.ie unincorporated areas of the gout v. Everw public entity within the local agency's i;_risdictien (recuired to do so) shall file the relocation ruics and regulations, which it is required to adopt pursuant to Section 7267.8, with the central relocation office and shall file annually its relocation plans by June 1st of each year for the 23 subsequent �-seal year. The central relocation office shall arpro-:a or disapprove the public entity's re- location plan by -July 1 or the plan will automati- cally bete-.e effective. If the office disapproves the plan or finds that the plan conflicts in the use of relocation resources with those clans filed by other public entities or that adequate resources are not available in places and at ti.,,, s .-ecessary to meet the relocation needs as set fort^ in one or core of the plans it shall call a meetir.a of the cublic entities concerned as soon as ooss'_ble. At s^ch meeting the office shall try to resolve such conflicts as exist or insure that adoquate relocation resources are developed to meet such needs. The dffice ma%l direct modification of a plan in the case of 1..^.resolved conflicts and may extend its approval dea=line by 30 days to determine �.:hether such modifications affect such relocation plans. Additional e:•:tensions may be granted for periods of 30 days wit- the consent of all affected parties. Where modification to a relocation olan is directed by the office, care public entity may appeal to the relocation z -eals bear, establ.isi)ed pursuant to Section 33417.5 of the E-calth and Sa`ety Code. . If no such relocation appeals board has been established, the public c--tity may -:;peal to the legislative body creating the cr_ntrai relocation c. ice. hi�Pro:ai of a relocation plan .:ill constitute a findina by the office that it has reasonable as- surance that adequate relocation resources exist within the r'^pine-ea ts of la,.. ::hich %-:ill be available at the tlesfreouired b-,- the plan. ' The c_r ral relocation office shall coordinate the erecutie'n of each public entity's relocation plans and s elf sha_-e -::ith each uubli.c gntity making a recuest the relocation in for.-: lien of all other public entities. i e c ntral relocation office may contract •..ith adjoining- cities or countie-s to perform relocation and central relocation services. State ecencies, public entities Frith displacement of less that: r^rcer.t of the local acenc•r's total local ar.nuai ^i=place cnt based on all relocation plans file,, 1�16 or.:lic utilities regulated by the Public Oti_it:es Cc -ission with disolacement of less than 5 xrc=c` of t`.e local ace ncy's total local annual displzice:re:,:t _asee cn zil releca' ion pla r.s filed, s>:all be exe:: ,t ==..i the requirem-nt of approval of their f^ relocation an prior to its e>:cCution. Public utiii- P tics regulated.by the Public Utilities Corr�,nission not otherwise exempted by this paragraph shall also be exempt from such requirem nt ::hcre there is an over- riding state interest, as determined by the Director of Housing and Community Gevelop-,ent-. A public entity may a.cnd its relocation plan during any fiscal year by filing an amended plan with the central relocation office and obtaining its. approval. All amended plans crust. have approvalbefore execution may occur and the central relocation office shall approve or disapprove ar.e::ced plans within 30 days or approval will be automatic. execution of any relocation plan most be in ac- cordance with the approved relocation plan or the pub-' lid entity may not displace any persons. Failure to file a relocation plan and obtain approval .-:hen re- quired, prior to displace-ment, may subject the pub- lic entity to an order from the central relocation office to desist from any displacement. " In the event that any of the provisions of this act conflict N.-ith any provisions of ;.he Federal uni- form Relocation Assistance and Peal Property Acouisi- tion Policies ct of 1970, then the provisions of the federal act shall prevail. _ 7262. (a) As a part of the cost of acquisition of real property for a public se, a public entity shall. compensate a displaced person for his: (1) Actual and reasonable expense in moving him- self, farm, ly, business, or farm operation, including moving personal property. (2) Actual direct losses of tangible personal property as a result of rvovina or discontinuing a busi- ness or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the public entity. (3) Actual and reasonable expenses in searching for a replace-ent business or farm. (b) Any displaced person w::o moves from a &:,cl- ing who elects to acceo_t 33ymenzs auLl=ized by this sub- vision in lieu of the pay-.e.:ts authorized by subdivision (a) shall receive a `�ovi,-.c expense allo-,: ance, determined according to a schedule established by the public entity, not to exceed three hundred d:)1- lars ($300), and in audition a dislocation allowance of two hundred dollars (5200). ' (c) Any diSplaeeG persoi. WhO a:cvcs or disCCn- tinues his busi :ass or farm c_ceratioa :: o elects to accept the pa -.eat authorized ?-v this subdivision in lieu of the paym-ant authorizes by subdivison (a), shall receive a fixed relocation pay-ent in an a -:oust equal to the average annual net earnings of the busi- ness or farm operation, except that such payrient shall not be less than two thousand five hundred dollars ($2,5001 nor :.,ore than ten thousand dollars ($10,000) In the case of a business, no pa;•:r::ent shall be riade under this subdivision, unless the public entity is satisfied that the business cannot be relocated with- out a substantial loss of patronage ana is not a part of a comrnerc al enterprise having at least one other establishment not being acquired, which is engaged in the same or s-5-ilar business. For Purposes of this sub6ivison, the term "average annual net earnings" means one-half of any net earnings of the business, or farm operation, before federal, state, and local income taxes, C',ring the two taxable years inLmediate- ly preceding the taxable year in which such business or farm operation moves from the real property being acquired, or during such other period as the public entity deter,:.nes to be more ec:_table for establish- ing such earnings, and includes env cor:;ensation paid by the business or farn operation to the owner, his spouse, or his dependents during such two-year or such other period. ;o be elioible for the payment authorized by this subdivision, the business or farn operation shall make available its state incom_ tax records, and its financial statements and accounting records, for ac?it for confidential use to determine the oaynent authorized b; this subdivision. in the case of an outdoor advertising display, the payment shall be limited to the arount necessary to physical- ly hove or replace such display. (d) 1iher.ever the accuisi,_on of 'real property used for a business or fa_r operation causes the per- son conducting the business or farm operation to move from other real :property, or to cove his personal property from other real property, such person shall receive pLyr..entls for c:oving and relate,-voenses under su'-division (a) or (b) and relocation advisory assis- tance under Section 7261 for moving frcn such other property. (e) Whenever a public entity must pay the cost of moving a dis -aces person under paragraph 1 of subdivision (a), or subdivision (d) of this section: (1) The. COStS Of Such l-OFe --hall be e_-:c:-pt. fren reo_ulation by the Public Utilities CW`;:1is5io7-L. (2) The public entity ray solicit co::c itive bids from qualified bidders `or per_"o=:,.ance of t-e -.:ork. Aids submitted in res onse to such selicitatior.s Call be exempt from reculation by the ?'-j�lic Utilities Commission. 72G3. (a) In addition to z^e payments required by Section 7262, the p•.:blic ertit•_:, as a part of the cost of acquisition, shall make a paym^_nt to the owner of real property acquired for public use whic is im- proved with a d>:ellinc actually c::ned and eccunied by the owner fo- not less than _30 days pric- to the' initiation of negotiation for the acquisition of such property. (b) Such payment, not to exceed fifte : _housand dollars ($15,000), shall be based on the following factors- (1) The a -mount, if any, which, when to the acquisition payment, equals the reasonable cost of a comparable replace.-.ont d�:e l ii.na deterr.'_r.ed, in accordance with standards estanlished by tle public entity, to be a decent, safe ar.a sanitary c::eiling adequate to accommodate the disclaced owner, reason- ably accessible to public services and the d_solaced person's place of emplo%ment, and available on the market. (2) The amount, if any, ..loch will cc:-.c_nsate the displaced owner for any increased interest costs which he is required to pay for financing to acquisi- tion of a comparable replacemer:t d:elling. The amount shall be paid only if the accu:-cd Owellinc was en- cur..bered by a bona fide Mortgaae which was a valid lien on such ds:ellir.g for not lass than 180 da,•s prior to the initiation of neyctiaticns for the accuisi- tion of such d'::el.ling. The ar.:c ht shall be e _ual to the excess in the aacrecate interest and ot::er debt service costs of that di -aunt of t.e principal of the mortgage on the replace:rent d'::elling which is equal to the unpaid balance of the r;rtgace on th_ acquired dwelling, over the re -.cinder te_� of the-.Ortc'.Ce on the acauirec d•::elling, reduczd to disccuntcd Pre- sent 'value. :he discount rate =_hall be there'jail- ing interest rate paid on savi- deposits ccnier- cial ban',s in the amoral area in which theV:eo'_ace- nent dcrelling is located. (3) Reaso:.able e.:neoses incurred by tI.e disolaced owner for evic:_nce Of title, recording fees, an_ other closing costs incident to the rurchasc of the replace- ment &.;ellino, but not i.icludino pr•^paid expenses. (c) Such payr._nt shall be .m•.adc only to a dis- placed owner ..ho purchases and occupies a replacement dwelling that r.eets standards established by the oublic entity within one year subsecuent to 'the date on which he moves from the 0-...ellinu acquired by the public entity or the date on which he receives fro.a the pub- lic entity final payment of all costs of the dwelling acquired by the public entity, w:nichever is the later date. 7263.5. For purposes of Section 7263, the leasing of a condominiums for a 99-year period, or for a term which exceeds the life expectancy of the displaced person as determined -from t^e most recent life tables in Vital Statistics of the United States, as published by the Public Health Service of the Deoartment of Health, Educa- tion, and Welfare, shall be deened a purchase of- the con- do:ainium. 7264. (a) In addition to the payments required by Section 7262, as a part of the cost of acquisition, the public entity shall reke a payment to any dis- placed person displaced from any dwelling not eligible to receive a .ant under Section 7263 which was actually and lawfully occupied' by such person for not less than 90 days prior to the initiation of negotia- tion by the public entity for the acquisition of such property. (b) Such ay-.ent, not to exceed four thousand dollars ($4,000), shall be the additional amount which is necessary to enable such person to lease or rent for a period not to exceed four years, or to .ia:ke the downpayment on the purchas-2 of, a decent, safe, and sanitary dwelling of standards adequate to acco:=.0- date such person in areas not c•enerally less desirable in regard to p'blic utilities and public and co::,-,ier- cial facilities. (c) If l! e oa :gent is to c2 used as a do•..n_ray- ment for the acquisition of a decent, safe, and sani- tary dwelling of such standards, the pay,-..ent shall not exceed tt.,o thousand dollars (52,000) , unless t`:e amount in excess thereof is ecually riatched by such person. 7264.5. (a) I_` cor arable replacement housing is not available and t:ne pu�Dlic entity deter�i^es that such 'housing cannot other.::se L-e ...ace available, the oublic entity shall use funzs authorizes _`or t'a project _`or t ici the real prc-ert.y or interest -here- of, is being a _red to provide such houSir.,. P (b) No Lcrson shall he :=•:L`1Ted to I':ove :ro., C1:5 ip dwelling because of_ts accuis_ ion by a public entit}', unless there is reulacecent housing, as described in paragraph (3) of subdivision (c) of Section 7261, available to him. (c) For purposes of deter-_n.ing the applicability of subdivisier: (a), t^e ouhl_c entity is hereby desig- nated as a dui_; authorized ac-_ istrative body of the state for the purposes of subcivi=_ion (c) of Section 408 of the Revez-_e and Taxatio, Code. 7265. (a) In addition 'to the payments required by Section 72£2, as a cost of acquisition, the public entity shall make a payment to any affected property owner me etinc tnc recuirements of this section. (b) Such affected proper"---., is iarr:ediately conti- guous to property accuired for airport purposes and the o:•:Her shall have c::nod the property affected by acquisition bv the pu:)lic entity not less than 180 days prior to the initiation of negotiation for ac- quisition of ne acquired nrcp=_rt (c) Such pay,ent, not to exceed fifteen thousand dollars ($15,CC0), shall be the amount, if any, which equals the actual decline in t:-.e fair nar;:et value Of the proper`,' of t'.,e affcctec pronerty owner caused by the ac,uis_=ion b,: _ e public entity for airport purposes of otter real property and a change in the use of such prcDert;'. (d) The .c,ount, ifo, actual decline in fair market' Glue of a_fected ro erty shall be de- ter. -mined accorcinc to rules and regulations adopted by the public _ntit ?::rsuant to this chapter. Such rules and recclatiens ,Hell li-it pa:ment under this section only to suc circastanc^_s in which the de- cline in. fair-ar;:et Value of affected property is reasonably relayed to oi11jectiv-2 :physical chance in the use of acquirec property. 7265.3. :. public entity -.ar ?,ake payments in the ar-ounts prescribed in this c`.apter, and may pro- vide advisory assistance under t:nis chapter, to a person who o` es f-c _ a d?1?lli'C, or who ,T.oves or discontinues ..is business, as a result of a rehabili- tation or da-o'__tion program.., or enforcement of build- ing codes, b•, t.. ublic er.tit: 7265.4. In acc:ticr. to z avnen.ts receired by Section 7262, as a cost of acc,15ition, the public 29 e:1� _%tv, as soon as ;7rac:ticable a`ter tb date o: i.a_r- r_nt cf the p::rc ase price or the date of d- osit in court of fun., to satisfy the award 'of co-:_nsaticn in a cond_nation proceeding to acquire real property, t:•hicl�eve.r is the earlier, shall reimburse the owner, to the extent the public entity deems fair and rea- sonable, for czoenses the owner necessarily incurred for recordin_ sees, transfer taxes and sir,.ilar ex- penses incider.tal to conveying such real property to the public entity. 7266. (a) If a relocation apr.eals board has been established pursuant to Section 33417.5 of the Health and Safety Code, a city by ordinance may desicnate the board to hear auueals from all public enti.tics, e:<cept those state acencies which have an arpeDl process on the eligibility for, or the amount of, a payment authorized by this chapter- (b) N:y person aggrieved by a determination as to elioibility for, or the amount of, a oavnent authorized by this chapter may have the application revie::ed by the public entity or by the relocation apoeais board if authorized under subdivision (a). The review o= a deterrAriati.on by a co.:.mibiity rede- velopmncnt ac�_ncy may only be made by a relocation appeals board established pursuant to Section 33417.5 of the 1lealth and Safety Code. 7267. In order to d (-ixdite tile acqrsil:. foreal proi:crty by nerccmenls tcilh o-si,crs, to mold I:;:e.tlin❑ :mid rclies-e con-estion in "lie courts, to nssure consikfcr:t treA:iwnl for o%cners in i.he public programs, and to promote public confidcnce in public land acquisition practices, public entities s?:a11, to the ;'reatrst estont practicable, be licided he the pros isions of Sections 7267.1 to 7267.7, inclusi.e, cscctt; that l6c provi>ions of subdi.icion (b) of Section 7267.1 and Section 7257.2 shall not apph to the acquisition ofany easenrenl, r. ht-of- ny, covcnant, or other nonpossessory interest in real properts to be acquired for the construction, recon%truction, nitr: ti nr, enl.ir r-ment, n,: in:cr.ancc, rcnc..al, 'rrpair, or ni'l;ccnrent of si:b>ujf::ce sessrrs, ttetcilines or appurtenances, dr ins, srp tic lama. or storm v:;itir drains. 7267.1. (a) The public entity shall make every reasonahle effort to acquire expeditiously real pro — pert), by necotiation. (b) r.eal. property shall be appzaised Lefore the initiation of neaotiaticns, and the ol::ner, or his de— sicnated reoresantative, shall be given an cortunity to acccm oariv the appraiser during his inspection of the property. '0 J 7267.2. hefore tiie ir.itieticn of n^cotiations ( for real property, t`e ,ublic e7-.11it1 shall establish an amount which it believes to jrst co:pensation therefor, and shall -ia':e a pro-..:, offer to acquire the property for the full a -,our.:. =_o established. In no event shall such a7.ount be less than the public entity's approved apprcical of t.^.Q fair inLr};et value of such property. 7,ny decrease or increase in the fair market value of real proper'--.- to be acquired prior to the date of valuation cacsed by the public improvement for 1•rnich such property is acquired, or by the likelihood that the property would be acquired for such improveccnt, other than that due to physical deterioration withi:i the reasonable control of the owner or occupant, will be dis-e-e:ded in deterininina the comoensation for the property. The public en- tity shall'provide the o,,.ner of real property to be acquired with a written state-.ent of, and su-,nary of the basis for, the anoint it esta--lished as just com- pensation. l,here arprcpriate, the just compensation for the real property acquired and for damaces to remaining real property shall be separately stated. 7267.3. Tne coast-uctica t'.rrvelonr^cnt of a public ir._nrove rent shall be so sci.^6u3ea that, to the greatest extent Practicable, no crson lawfully occu- pying, real pre✓arty s all be recurred to nove from a &;ellina, assu:-.inc z rcalacement ..::ailing will be available, or to r. ve i-.is business or farm a oration, Without at -!east 90 days' arittan notice frca the public entity of the date by ::hie, such move is required. 7267.4. If the public entit•: permits an o:cner or tenant to occupy t:ie real . -c_ erty acquired on a rental basis for a s--:c=t term, or for a period sub- ject to termi!:eticn _)y the pu::'_ic entity oa short notice, the ar:ount of rent shall n^t exceed the fair rental value of the property to a short - tern occupier. 7267.S. In no e-:ent shall t^e public entity either advance tCe ti-.Q of cG-.^-•3',::ation, c_" defer 11^_goti atiCns cr con-2e; .-,,atlon a: the gepcsit of funds in court for ',he use c� the or to?:e any other action coercive in na::ure, in -c•:r to cc ---gel an agree- ment on the price to .va paid the property. 31 7267.G. If any interest in real property is to be acquired by e::ercise c: the pc'.:Lr of eminent doaain, .. the public entity shall _::stituc __,al condo,. -ration proceedings. r3o Public entity si,al_1 intentionally make it necessary for an o::::_r to insti _ legal proceedings to prove the fact of the taking of is real property. 7267.7. If the ao,•-Iisition c' only a portion of a property would leave t1e rerainir.g portion in such a shape or condition as to constitue a: uneconomic rem- nant, the public entity sail offer to and may acquire the entire property if the owner so desires. 7267.8. (a) All public entities shall adoot rules and regulations to ir_o'e-ent pay-en-s and. to administer relocation assistance .:der the provisions of this chap- ter. Such rules and regulations shall be in conformity with the ouidelines ad^oted by th._ CoT,-nission of Housing and Community Develop-cnt pursuant to Section 72G8, Such rules and regulations shall, to t.e fullest extent possi- ble, also be consistent as to federal and nonfederal pro- jects. (b) l:ott.it'r.staneing the provisions of subdivision (a), with respect to a fecerally funcec project, a public entity shall make relocation, assistance :payments and provide re- location advisory assistance as required under federal law. 7268. (a) The of :sousing and Co-Tunity Develop^ent shall adopt auidelir,es for the implementation of payments under this chapter am for the uniform adminis- tration of relocation assistance �, public entities carry- ing out the provisions cf this cna::ter. (b) The Ca*:.;fission of Housin and Community Devel- coment shall, to the _'allest exte-,t possible, conform such guidelines to the Pres cnntial C_uL.:clines promulcated by the e;:ecutive e_fice of ti;e Presic_nt of the United Statcs, Office of .,anacer..=nt anc Bucoet, t^e requirements of the Uniform 1;elccation Assis`ance and eal Pronerty Acqui- sition Policies Act of 1970 (P.L. 91-6460, and the rules and regulaticns pronu?catec pursuant thereto. (c) Such cuideli •_s shall _-o'.ide that the pay- ments and assistance rcc:fired of � :niblic entity under this chapter shall be in a manner that is fair and reasonable ar.�3 as unifor- as practicable. The guidelines shall alsc `_:id^ t)',,.t the pavincnts shall be ra(le as prorr.ptl_r -s CSSible o in hardship cases, in a:vance_ In addition, such cc_c^lii:es shall provide a reasonable mileace li,-.._tation in cetermining the ac- tual and r^ason::b e::racse in n.c:ino a business `or y Purposes of Section ic_2. 1 42 U_S.C.A. §46 1 �- Ct. sec. (c) In adopting Stich cuic,-lincs the ComjTliSsic— of ' }lousing and Cc,s"Mrunity P.-vclLa:cnt shall consult ::ith the p�iblic entities carrying out the provisions of this chapter. (e) The Department of I:c'-sing and Coi-.umunit•✓ C_vel- opment shall provide consulting and technical assistance to public entities in drafting and a -ending rules and regulations to implement payments and to administer relo- cation assistance under this chapter. 7269. No payment received by an), person under this c`:apter shall be considered as income for the purposes of the Personal Inco::e Tax Lae, Part 10 (corencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Ban: and Corporation Tax Law, Part 11 (comi:encinc with Section 23001) of Division 2 of the Revenue ar.d Taxation Code, nor shall such pav;7.rnts be considered as income or resources to any recipient of public assistance and such payments shall not be deducted from the amount of aid to which the recipient would other,•:ise be entitled under any other provisions of the law. 7269.1. Where a recipient of relocation benefits payments under federal or s`.;-!te law is also a general assistance recipient under Fart 5 (co::.mencing with Section 17000) of Divisicn 9 of the V'elfare and Insti- tutions Code and t•.:o or r-.ore relit sch-dules apply to the recipient, the highest shall prevail and any excess a oullt over lower rent schedule shall not be counted as income or resources for g•=neral assistance purposes under Part 5 (co ..2nci.ng with Section 17000) of Division 9 of the 1%elfare and Institutions Code. 7270. :clothing contained in this chapter shall be construed as creatina in any condemnation proceeding's brought under the po%rer of e-inent dc-ain any ele.ment of damages not in existence c_ the date of enact,�.ent of this chapter. 7271. If any provision cf this chapter or the ap- blication thereof to any person or circumstances is Yield in':alid, such invalicit•_: shall not affect other provisions or applications o= this c"aater which can be aiven effect without the invalid provision or aocli- cation, and to this end the orevisions of this chapter are severable. 33 7272. If under am• other provision of laid of this state ti;c owncr or occupant of real property acnuircc. it by a public entity for public use is civcn greater pro- tection than is provided. by Sections 7265.3 to 7267.8, inclusive, the public entit_: shall also comply with such other provision of law. 7272.3. It is the intent of the Legislature, by this chapter, to establish mini-,,ri rccuire:rents for relocation assistance payments by public entities. This Chapter shall not be construed to limit any other author- tiy which a public entity may have to 7 ve other reloca- tion assistance payments, or to make any relocation assis- tance payment in an amount which exceeds the maximum anount for such payment authorized by this chapter. �y public entity may, also, make _ny other re- location assistance pa.: cnt, or may maze any relocation assistance payment in an amount %.:hich exceeds the max- imum amount for such payment authorized by this chapter, if the ma':ing of such payment, or the payment in such amount, is required under federal law to secure federal funds. 7272_5. Ncthing conta_ned in this article shall be construed as creating in any cond::anaticn proceeding brought tinder the po,:er of e­iincnt domain, any element of damces not in existence on the date t':e public entity cc-,:-.ences to maize pay-•encs under the provisions of this article as a-aended by the act which enacted this section at the 1971 Decular Sr_ssion.. of the Lc-is- lature. 7273. Funds received pursuant to Sections 2106 and 2107 of the Streets and ::ich::a s Co---- may be ex- pended :,y a city to co-:xr.s ate displaced persons for their movinc expenses because of the co:_truction of city high•.;ays or streets. 7'279. Sections 7267 to 7267.7, inclusive, create no rights or liabilities and shall not affect the va- lidity. of any property acquisiticns by purchase or conde-,naticn. 7275. Whenever any public c.,tity accuires real property i" eminent domain, pu=c!ase, or e:_chance, the purchase trice and other consi_�eration id by such entity is p blip informa`_ion and shall 'a made avail- able upon request from the entity concerned. Ot I 7276.(a) -If a resolution is adopted u:.der Section 1245.330 of the Code of Civil procedure consenting to the acquisition of property by eminent- dcmain and the person authorized by such resolution to acquire the property by eminent domain acquires the property by purchase, eminent domain, or otherwise, such person shall provide relocation advisory assistance and shall r•.akc! any of the payments re- quired to be made by public entities pursuant to the pro- visions of this chapter in conformity with this chapter and the guidelines adopted by to Comnissicn of Housina_ and Community Development pursuant to Section 7268. (b) To the extent they can be applied, the rules and regulations of the Departnent of Transportation set forth in SubchaJter 3 (commencing with Section 1407.01) of Chap- ter 2 of Title 21 of the California Administrative Code, shall be used to implement payments and to administer re- location assistance required by this section. (c) This section does not aply to public utilities ::high are subject to the provis o-s of iArticle 6 (core-encing V:'th Section G00) of Chapter 3 of Part 1 of Division 1 of the Public Gtilities Code or to public entities which are subject to the provisions of this chapter. Aope-6ir. 12 - Civil Code, Chanter 7 (cog;---:cina with Section 3247) o Of 'litle 1—f ?art --i of )Tv-- ion 3, as referred to in Section 33 27 of the Ce .-.unity R:de_-:eloement tea.. 3247. (a) Every oricinal contractor to whom is a;:arded a contract by a public entity in'✓olving an expenditure in e-xcess of ten t):e° sand dollars ($10,000) for any public work shall, before entering upon the perforr:ance of the cork, file a paym•2nt tend with and aoprov^_d by the Officer or public entry by whom the contract ::as awarded. A public entitx' shall state in its call for bids for any such contract that such a bona is required in the case of such an expenditure. (b) A payment bond file and aoaroved in accord - a, -Ice Wit11 this section shall be sufficient to enter upon the performance of t'lork Ci°r a dui:' authorized contract ;:high supplements t e cor.t.act for which such payment bona -v.-as filed, if the re:ulre:-.,2nt of a near bond is e;aived by the public ent_ty. 35 SIAIE OF CAUfORNIA ED/AUND G. SROWN 1 =, Ger,rn DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 807 - 13th Street. Sacramento, CA 95814 316) 445-1802 December 8, 1976 Mr. Dudley Lang, Executive Director Mr. Graham A. Ritchie, Legal Counsel South Pasadena Redevelopment Agency 1414 Mission Street, Suite 202 South Pasadena, CA 91030 Dear Messrs. Lang and Ritchie: This is in response to your letters of December 2, 1976 and December 3, 1976 requesting the department's opinion concerning your possible authority and obligation to provide relocation assistance and benefits in accordance with the provisions of the state relocation law. Based on the factual situation presented in Mr. Ritchie's letter of December 2, 1976 we conclude that both the City of South Pasadena ("City") and its Community Redevelopment Agency ("CRA") have sufficient authority to provide relocation assistance and benefits to the residential and business tenants whom you have identified. We further find that under state law the CRA has an obligation to provide such benefits. 1. The City's Authority California cities have general authority to pass ordinances and regulations not in conflict with state or federal law- Government Code §37100; Constitution Article 11, 67_ When a local legislative body exercises its authority, the action taken is presumed to be valid. Gilbert V. Ashley (1949) 93 C.A.- 2d 414 209 P. 2d 50. Exercising this power the City might by ordinance or resolution direct that relocation benefits as described in Government Code 97260 and those following be provided to the residential and business tenants in question. You have indicated concern that such legislative action might be challenged either as being pre-empted by state action or as a gift of public funds. While a cautious attitude is understandable, neither challenge presents an obstacle to action 'by the City. The state has enacted legislation regarding the provision of relocation benefits by public entities, but that in itself does not prevent related local action. If the language of a state statute permits the interpretation that the state legislature did not intend its regulation to be exclusive, additional supplemental local legislative actions. are valid. James V. M ers (1945) 68 C.A. 2d 33, 156 P. 2d 69. In this instance both the statute and the interpretive guidelines explicitly indicate that the state intended to establish only minimum requirements and (lid not wish to prohibit a local governmental body from providing additional benefits. Government Code 97272.3 in part provides as follows: It is the intent of the Legislature, by this chapter, to establish minimum requirements for relocation assistance payments by public entities. This chapter shall not be construed to limit any other Messrs. Lang and Ritchie December B. 1976 Page Two authority which a public entity may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum for such payment authorized by this chapter. Section 1.1(c) of State.of California Relocation Guidelines, adopted by the Commission of Housing and Community Development, October 17, 1973, contains similar language. We conclude therefore that prior state action does not prevent the City of South Pasadena from passing an ordinance requiring the r /I" provision of relocation benefits to the residential and business tenants whom you have identified. Article XVI, section 6 of the California Constitution provides in part that: `The Legislature shall have no power ... to make any gift or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation whatever While this clearly applies to the expenditure of public funds by a local - governmental body, it is a well established judicial doctrine that, if a 11/v public purpose is served by the expenditure of public funds, Article XVI, section 6 is not violated. California Housing Finance Agency _v. Elliott (1976), 131 Cal.Rptr., 361; Board of Supervisors of the City and County of San Francisco v_ Dolan (1975 119 Cal.Rptr. 347, 45 Cal.App. 3d 237; Winkelman K. Cif of Tiburon (1973)108 Cal.Rptr. 415, 32 C.A. 3d 834; County of Riverside v. Whitlock (1972) 22 Cal.App. 3d 863, 877, 99 Ca.Rptr. 710; Alameda County v. Carleson (1971) 488 P.2d 953, 97 Cal.Rptr. 385; 5c_ 3d. 730; Manneheim v_. Superior Court of Los Angeles County (1970) 91 Cal. Rptr. 585, 478 P. 2d 17, 3 Cal. 3d 678; People v. Cit of Lon Beach (1959) 51 Cal. 2d 875. 338 p. 2d 177; County of Alameda v.- Janssen 1940 106 P. 2d 11, 16 Cal. 2d 276; Housing Authority _v. Doc Weiler 1939) 14 Cal. 2d 437, 94 P. 2d 794; Cit of Oakland v_ Williams 1929 206 Cal. 315, 274 P. 328; Veterans Welfare Board v. Jordan 1922 189 Cal_ 124, 145-146, 208 P. 284. These cases establish many relevant principles, cardinal among which is that the legislative body's finding of public purpose will be upheld unless it is totally arbitrary. Manneheim at 691, Elliott at 366. The courts have also determined that the value to the public may be intangible, the expenditure of funds for a public purpose is not a gift even though private persons benefit (Carleson) and the public purpose exception is applicable even where the particular program primarily benefits certain private parties and only indirectly aides the public (Elliott). The range of public actions which the California Supreme Court has considered and approved would indicate that the City Council might properly find that a public purpose would be served by providing financial and other assistance to persons within the Project area who will be displaced by the action of a private individual or entity, especially as the private action is in accordance with the redevelopment plan. Messrs. Lang and Ritchie December 8. 1976 Page Three In addition to this general authority the redevelopment law provides specific statutory authority for the provision of assistance by the City. Health and Safety Code §33343 indicates that a city, pursuant to a redevelopment plan, may expend public funds to assist the activities of its redevelopment agency. This section reads as follows: Redevelopment plans may provide for the expenditure of money by the community. 2. The CRA's Authority The state redevelopment law authorizes the CRA to provide relocation benefits to the residential tenants in.the instant circumstances by explicitly providing that a redevelopment agency may use redevelopment or other public funds to facilitate the rehousing of persons displaced from their homes in the project area. Health and Safety Code § 33410 reads as follows: A redevelopment agency may, -in orde families and single persons who are project area, utilize the aids made renewal, redevelopment and housing derived from any public or private of this -section. r to facilitate the rehousing of displaced from their homes in a available through federal urban legislation and may use funds source to carry out the purposes The authority provided by this section is not restricted to persons displaced by development or demolition directly undertaken by the CRA. Rather it covers all displacement within the project area (as defined in Health and Safety Code §§33320 and 33322) without additionally requiring.that the displacer be the CRA or another public entity. The CRA may be provided additional authority by Government Code §7265.3 which reads as follows: A public entity may make payments in the amounts prescribed in this chapter, and may provide advisory assistance under this chapter, to a person who moves from a dwelling, or who moves or discontinues his business, as a result of a rehabilitation or demolition program, or enforcement of building codes, by the public entity. The purposes.of the amended redevelopment plan, as you have described them, include elimination of blight and encouragement of rehabilitation. Mr. Ritchie's letter indicates that commercial development will serve the purposes of the amended plan. If the purposes served include elimination of blight, the private owner's action could be considered a demolition program for the purpose of this section; if the purposes served include rehabilita- tion, the private owner's.action could be considered a rehabilitation program. In either case the CPA could provide relocation assistance and benefits to the residential and business tenants under the authority granted by §7265.3. Messrs. Lang and Ritchie December 8, 1976 Page Four 3. The CRA's Obligation After carefully considering the facts presented to us we conclude that the CRA is obligated to provide relocation assistance and benefits to the tenants. The state relocation assistance law requires generally that a public entity provide relocation assistance to persons displaced by the public entity. Government Code §7260 et seq. Government Code §7260(c) explains that for the purpose of 'interpreting the statutory language a person \ is considered to be displaced by a public entity if he or she is displaced as the result of an owner participation agreement between a public entity and a private person. In the situation we are considering a private person is displacing residential and business, tenants in preparation for development which, it is anticipated, will be undertaken in accordance with an owner / participation agreement with the CRA. This is precisely the situation the statute envisions. We want to address three objections to this reasoning which might be made. First, it could be argued that the agreement has to precede the displacement. We do not agree because that interpretation would permit circumvention of the statutory intent by carefully manipulating the timing of these events. _-WeAg believe,_ hQwever,_tha_t the displacement must_be_related-to_the_agreement._,__ In the situation you have described the relationship is clear. The displace- ment and the agreement are directly related to the proposed commercial development. Second, it could be argued that a relocation obligation is intended only when property is both acquired and developed in accordance with an owner participa- tion agreement. We find that the statutory language fails to support that interpretation. The statute provides that persons are deemed to be displaced by a public entity "(i)n cases where they are displaced as a result of an owner participation agreement or an acquisition carried out by a private person for or in connection with -a public use:..." (Government Code 97260(c)). This distinction between an owner participation agreement and acquisition indicates that an agreement need not -also entail acquisition. Third, it could be argued that, in some instances, an owner participation agreement is a mere formality and amounts to nothing more than a mechanism formalizing the CRA's authority to review and approve building plans. Assuming for the purpose of discussion that the distinction is relevant, the characterization is inaccurate with respect to the usual owner participa- tion agreement. This agreement commonly servesother purposes as well; specifically, it provides additional assurance to the redevelopment agency that the desired development will take place and at the same time it decreases the possibility that all or a portion of the property assembled for development might be taken from the developer's control by exercise of the power of 41 eminent domain. . r Messrs. Lang and Ritchie December 11, 1116 Page Five As we have indicated we do not find these three arguments to be persuasive. Rather we believe our interpretation as described above to be the most reasonable and on the basis of this interpretation we conclude that the CRA is obligated to provide relocation assistance and benefits to the residen- tial and business tenants who are being displaced. Mr. Lang, in his letter of.December 3, 1976, asked our opinion regarding proposed language making the CRA's obligation contingent upon a "finally effective" redevelopment plan. The indicated date of final effectiveness corresponds to the end of the period of time during which the validation action may be initiated. As indicated above we have concluded that, if the identified tenants are displaced, the CRA -is obgliated to provide relocation assistance and benefits in accordance with state law. With this in mind we are forced further to conclude that the proposed language would not be efficacious. Under the relocation law the tenants can not be displaced until relocation assistance and benefits are provided. This poses no legal problem for the CRA. The plan was adopted on November 3, 1976 making it effective December 3, 1976. Once the plan is effective the CRA may lawfully expend funds and incur •.obligations in accordance with the redevelopment plan. The displace- ment of the tenants and the provision of relocation assistance and benefits are certainly in accordance with the plan as you have described it. The language you have suggested would make the CRA's obligation contingent upon actions other than those identified in the state relocation law. We think that is impermissible. We hope that this letter is responsive to your request. If you have any questions concerning this matter or if we can be of further assistance in some other way please contact us. Sincerely, Arnold C. Sternberg Director KatzHollis EXHIBIT A RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE LA QUINTA REDEVELOPMENT PROJECT Adopted by La Quinta Redevelopment Agency i I - 1 . Date: Resolution No.: 080183 mmAARB KatzHoll is TABLE OF CONTENTS PAGE I. [§1003 PURPOSE AND INTENT . . . . . . . . . . . . . . . . . 1 ZI. [§200] DEFINITIONS . . . . . . . . . . . . . . . . . . . . 1 III. [§300] TYPES OF PARTICIPATION . . . . . . . . . . . . . . . 2 IV. [§400] PREFERENCES TO EXISTING OWNERS AND BUSINESS OCCUPANTS WITHIN PROJECT AREA . . . . . . . . . . . 2 V. [§500] CONFORMING PROPERTIES . . . . . . . . . . . . . . . 4 VI. [§600] PARTICIPATION PROCEDURES . . . . . . . . . . . . . . 4 A. [§601] Notice and Statement of Interest . . . . . . . 4 B. [§602] Participation Agreements . . . . . . . . . . . 5 1. [§603] General . . . . . . . . . . . . . . . . . 5 2. [§604] Contents . . . . . . . . . . . . . . . . . 5 VII. 1§7003 ENFORCEMENT . . . . . . . . . . . . . . . . . . . . 5 VIII. [§800] AMENDMENT OF RULES . . . . . . . . . . . . . . . . . 6 Statement of Interest in Participating (form) KatzHollis RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE LA QUINTA REDEVELOPMENT PROJECT I. [§100) PURPOSE AND INTENT These rules are adopted to implement the provisions of the Rede- velopment Plan for the La Quinta Redevelopment Project regarding partici- pation and the exercise of preferences by property owners and business occupants within the Project. These rules set forth the procedures gov- erning such preferences and participation. The California Community Redevelopment Law (Health and Safety Code Section 33000 et. seq.) requires the adoption of these rules by the Agency to permit participation in the redevelopment of the Project Area by owners of real property and persons engaged in business within the boundaries of the Project Area to the maximum extent consistent with the objectives of the Redevelopment Plan. II. [§200) DEFINITIONS As used herein, the following definitions apply: (1) "Redevelopment Plan" means the Redevelopment Plan for• the La Quinta Redevelopment Project as adopted by the City Council of the City of La Quints. (2) "Project Area" means the project area described in Section 200 of the Redevelopment Plan and shown on Exhibit "A," Redevelopment Plan Map, attached thereto. (3) "Agency" means the La Quinta Redevelopment Agency. (4) "Owner" means any person, persons, corporation, association, partnership, or other entity holding title of record to real property in the Project Area on the date of adoption of the Redevelopment Plan by the City Council. (5) "Business Occupants" means persons engaged in business within the Project Area on the date of adoption of the Redevelopment Plan by the City Council. (6) "Other Owners" means any person, persons, corporation, asso- ciation, partnership, or other entity who purchase or otherwise acquire title to real property in the Project Area subsequent to the date of adoption of the Redevelopment Plan by the City Council. Katz Hollis (7) "Other Business Occupants" means persons engaged in business within the Project Area subsequent to the adoption of the Redevelopment Plan by the City Council who were not engaged in business in the Project Area on the date of adoption of the Redevelopment. Plan. (8) "Participation Agreement" means an agreement entered into by an Owner, Other Owner, Business Occupant or Other Business Occupant of real property within the Project Area with the Agency in accordance with the provisions of the Redevelopment Plan and these rules. III. [§300) TYPES OF PARTICIPATION Participation may involve existing Owners and Other Owners and, if they acquire property within the Project Area, participation may in- volve existing Business Occupants and Other Business Occupants. Parti- cipation includes remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or por- tions of the property and purchasing adjacent property from the Agency. An Owner or Other Owner who participates in the same location may be re- quired to rehabilitate or demolish all or part of his existing buildings, or the Agency may acquire the buildings only and then remove or demolish the buildings. Participation also includes the Agency buying land and improvements at fair market .value from existing Owners and Other Owners and offering other parcels for purchase by such Owners and Other Owners. IV. [§400) PREFERENCES TO EXISTING OWNERS AND BUSINESS OCCUPANTS WITHIN PROTECT AREA Participation is desired in the rehabilitation and redevelopment of the Project Area by as many existing Owners and Business Occupants as possible. The Agency shall extend preferences to existing Owners and Business Occupants to continue in or, if the Agency acquires the land of an existing property Owner or the land on which an existing Business Occupant is located, to re-enter the Project Area if any such Owner or Business Occupant meets the requirements prescribed in the Redevelopment Plan and in these rules. Subject to these rules, existing Owners within the Project Area who desire to acquire new property within the Project Area shall be extended a reasonable preference to acquire and develop substitute properties within the Project Area at such times as the Agency is able to make available for private development for such purpose properties within the Project Area; provided, however, that such development will be consistent with and will not impair the objectives of the Redevelop- ment Plan as determined by the Agency. -2- KatzHollis Subject to these rules, existing Business Occupants within the Project Area who desire to continue or re-enter into business within the Project Area, shall be extended a reasonable preference to acquire and develop substitute locations for such purpose within the Project Area at such times as the Agency is able to make available for private develop- ment for such purpose properties within the Project Area; provided, how- ever, that such development will be consistent with and will not: impair the objectives of the Redevelopment Plan as determined by the Agency. Participation opportunities shall necessarily be subject to and limited by factors such as the following: (1) The elimination and changing of some land uses; (2) The construction, realignment, abandonment, widening, opening and/or other alteration or elimination of public rights -of -way; (3) The removal, relocation, and/or installation of public util- ities and public facilities; (4) The ability of participants to finance the proposed acquisi- tion, development or rehabilitation in accordance with the Redevelopment Plan; (5) The ability and experience of participants to undertake and complete the proposed development; (6) Any reduction in the total number of individual parcels in the Project Area; (7) The construction or expansion of public improvements and fa- cilities, and the necessity to assemble areas for such; (8) Any change in orientation and character of the Project Area; (9) The necessity to assemble areas for public and/or private development. If conflicts develop between the desires of participants for par- ticular sites or land uses, the Agency is authorized to establish reason- able priorities and preferences among the Owners and Business Occupants and to determine a solution by consideration of such factors as: length of time in the area; accommodation of as many participants as possible; ability to perform; similar land use to similar land use; and conformity with intent and purpose of the Redevelopment Plan and these rules. Par- ticipation to the extent feasible shall be available for two or more is persons, firms or institutions to join together in partnerships, corpora- tions, or other joint entities. -3- ® KatzHollis V. [§500) CONFORMING PROPERTIES The Project Area is large and contains many parcels of real prop- erty. As a result, there is a need to simplify the availability of par- ticipation opportunities. Therefore, as an alternative to requiring a Participation Agreement for each property not to be purchased or subject to Agency acquisition by eminent domain, the Agency may, in its sole and absolute discretion, determine that certain real properties within the Project Area presently meet the requirements of the Redevelopment Plan, and the Owners or Other Owners of such properties will be permitted to remain as owners of conforming properties without a Participation Agree- ment with the Agency, provided such Owners or Other Owners continue to operate, use, and maintain the real properties within the requirements of the Redevelopment Plan. In the event that any of the owners of conforming properties desire to (1) construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming, or (2) acquire additional property within the Proj- ect Area, the, in such event, such owners of conforming properties may ® be required by the Agency to enter into a Participation Agreement with the Agency. VI. [§600) PARTICIPATION PROCEDURES A. [§601) Notice and Statement of Interest Before entering into any Participation Agreements, Disposition and Development Agreements, Exclusive Negotiation Agreements, or taking other actions requiring the acquisition of real property in the Project Area, the Agency shall first notify Owners, Other Owners, Business Occu- pants, or Other Business Occupants of property which may be acquired and call upon them to submit Statements of Interest in participating in the proposed development or in otherwise participating in the redevelopment of the Project Area. The Agency shall deliver to each Owner, Other Owner, Business Occupant or Other Business Occupant of real property which may be acquired, a form Statement of Interest at least 45 days prior to considering any of the actions requiring acquisition of real property. Those desiring to submit Statements of Interest must complete and submit such statements to the Agency within 30 days of receipt. Such statements shall include information requested by the Agency and be in the form requested by the Agency. ® Any Owner, Other Owner, Business Occupant or Other Business Oc- cupant may also submit such a statement at any time before such notifi- cation. -4- KatzHollis The Agency shall consider such Statements as are submitted on time and shall seek to develop reasonable participation for those submit- ting such Statements whether to stay in place, to move to another loca- tion, or to obtain preferences to re-enter the Project Area. The Agency may in its sole discretion determine that a participation proposal is not feasible or otherwise in the best interest of the Redevelopment Project or the community. In such event, the Agency shall select a developer from among prospective participants submitting Statements of Interest and others invited to submit proposals. B. [§602] Participation Agreements 1. [§603] General Public and private Owners, Other Owners, Business Occupants or Other Business Occupants wishing to develop or improve their properties within the Project Area may be required, as a condition to Agency approv- al of such development, to enter into Participation Agreement with the Agency if the Agency determines it is necessary to impose upon such property any of the standards, restrictions and controls of the Redevel- opment Plan. 2. [§604] Contents A Participation Agreement shall obligate the Owner, or Other Owner, his/her heirs, and successors and assigns, and/or a Business Occupant or Other Business Occupant to devote the property to the uses specified in the Redevelopment Plan and abide by all provisions and conditions of the Redevelopment Plan for the period of time that the Redevelopment Plan is in force and effect, excepting those provisions related to non-discrimination and non -segregation which shall run in perpetuity. A Participation Agreement shall contain such other terms and conditions which, in the discretion of the Agency may be necessary to effectuate the purposes of the Redevelopment Plan. Each Participation Agreement will require the participant to join in the recordation of such documents as the Agency may require in order to insure the property will be developed and used in accord with the Re- development Plan and the Agreement. Participation agreements will he ef- fective only if approved by a majority vote of the members of the Agency. VII. [§700] ENFORCEMENT In the event a property is not developed, rehabilitated or used in conformance with the Redevelopment Plan, with an Agency determination -5- ® KatzHollis of conformance, or a Participation Agreement, then the Agency is author- ized to (1) purchase the property, (2) purchase any interest in the property sufficient to obtain conformance, or (3) take any other appro- priate action sufficient to obtain such conformance. The Agency shall not acquire real property retained or developed under an approved Parti- cipation Agreement if the participant fully performs under the Agreement. VIII. [§800] AMENDMENT OF RULES The Agency may amend these rules at any regular meeting or duly called special meeting held after their adoption, but only after notice to the Agency members and the public. The text of the proposed change shall be furnished along with the notice of the meeting. Such notice shall be delivered at least fourteen (14) days before the date of the meeting at which the proposed amendment will be considered. The method of notice is at the discretion of the Agency. No such amendment shall retroactively impair the rights of any parties who have executed Participation Agreements with the Agency in reliance upon these rules as presently constituted. a. 080183 mnAAR8 ® KatzHulf1S InmAARB STATEMENT OF INTEREST IN PARTICIPATING r] I hereby express my interest in participating in the Redevelopment Project and submit the following information: 1. Name Telephone 2. Home Address 3. Name of Business 4. Address of Business 5. My present involvement in the Project area is: I now own property in the Project I now lease property in the Project Explain: 6. I am interested in participating: As a Property Owner As a Tenant 7. If I participate: I would like to continue at the same location I would like to change my present location I would like to acquire real property for expansion (indicate ap- proximate requirements) REMARKS: Signed Date