RDA Resolution 1983-20]G 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
HEREY 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 coinplainant 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
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]G RESOLIJTION 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 appea1 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 this 15th day of November 1983,
by the following vote:
AYES: Agency ers Allen, Henderson, Wolff and Chairinan Baler.
NOES: None.
ABSENT: Agency r Cox. jj;;
Cairman, La Quinta
Redevelopment Agency
ATTEST
ryLuinta
Redevelopment Agency
6382P/2338/OO 2-
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EDMUND G. BROWN, Jr., Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
1807 - 13th Street, Sacramento, CA 95814 ; ��,CL
916) 445 -4775
November 1. 1976
Dear Friends:
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. `
Enclosure
Sincerely,
Arnold C. Sternberg
Director
RESOLUTION NO. RA 83 -20
EXHIBIT "A"
CALIFORNIA RELOCATION ASSISTANCE AND
REAL PROPERTY ACQUISITION GUIDELINES
CALIFORNIA ADMINISTRATIVE CODE, TITLE 25, CHAPTER 6
I•tl D E X
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
6032.
..Relocation Assistance Advisory Program
9
6034.
.Eligibility
9
6036.
Rehabilitation, Demolition, Code Enforcement:
10
6038.
Relocation Plan
10
6040.
Minimum Requirements of Relocation_ Assistance Advisory Program
11 _.
6042.
Replacement Housing Prior to Displacement; Notices to Displaced
Persons
12
6044.
Temporary hove
13
6046.
Informational Program
13
6048.
Survey and Analysis of Relocation Needs
14
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
6060.
Evaluation of Relocation
18
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STD. •OOA 16.711
RESOLUTION NO. RA 83 -20
Y
Y
r
G
z
S
CONTINUATION SHEET
FOR FILING ADMINISTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(►pursuant to Government Code Section 11380.1)
Chapter 6. Relocation Assistance and Real Property Acquisition Guidelines
Article 1. General.
- Order of Adoption
6000./ This subchapter is
135, Health and Safety Code,
ecific provisions of Division
nt Code (hereinafter referred
sistance, last resort housing
adopted pursuant to the provisions of Section
in order to implement, interpret and to make -
7, commencing with Section 7260 of the Govern -
to as the "Act "), relating to relocation
and real property acquisition.
6002. Statement of Purpose and Polic . (a) The
ines is to assist public entities in the development
implementing the Act.
The Guidelines are designed to carry out the
(b)
Act:
purpose of the Guide -
of regulations and
following policies of
(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
lilt displace individuals from their homes unless comparable replacement dwell -
ngs (see subsection 6008(c)) will be available within a reasonable period of
:ime 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
my other authority or obligation which a public entity may have to provide
dditional 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
ntent.
6004. A licabilit and Supersedure.
(1 ) 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 uptil
January 1, 1978.
-9-
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RESOLUTION NO. RA 83 -20
STATE OF CALIFORNIA
EDMUND G. BROWN Jr., Governor
DEPARTMENT Of HOUSING AND COMMUNITY DEVELOPMENT
1807 - 13th Street, Sacramento, CA 95814
916) 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 §7260 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_. Myers (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 did not
wish to prohibit a local governmental body from providing additional benefits.
Government Code §7272.3 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
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RESOLUTION NO. RA 83 -20
Messrs. Lang and Ritchie
December 8, 1976
__. 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