CRA - 28RESOLUTION NO. CRA -28
A RESOLUTION OF THE CYPRESS REDEVELOPMENT
AGENCY RATIFYING THE RELOCATION PLAN APPLIED
PURSUANT TO CRA RESOLUTION NO. 3 FOR THE
CIVIC CENTER REDEVELOPMENT PROJECT AS NOW
PROPOSED TO BE AMENDED
WHEREAS, the City of Cypress has by Ordinance No. 692
adopted a Redevelopment Plan for the Civic Center Redevelopment
Project; and
WHEREAS, Section 33411 of the California Community
Redevelopment Law (Health & Safety Code, Section 33000 et seq.)
provides that the Redevelopment Agency shall prepare a feasible
method or plan for relocation of families and persons to be
temporarily or permanently displaced from within the Project
Area; and
WHEREAS, in connection with such proceedings, the Cypress
Redevelopment Agency by Resolution No. 3 adopted a Relocation
Plan for the Civic Center Redevelopment Project; and
WHEREAS, the City and the Cypress Redevelopment Agency have
commenced proceedings for an amendment adding territory
depicted on Exhibit "A" hereto (the "Added Area") to the
Project Area of the Civic Center Redevelopment Project.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CYPRESS REDEVELOPMENT AGENCY AS FOLLOWS:
Section 1. The Cypress Redevelopment Agency hereby
ratifies and approves as the relocation plan for the Civic
Center Redevelopment Project as proposed to be amended (by
addition of the Added Area) the Relocation Plan approved
pursuant to CRA Resolution No. 3 substantially in the form
which is attached hereto as Exhibit "B" and by reference made a
part hereof.
Section 2. The Agency hereby directs that copies of the
plan be made available during regular business hours for public
inspection at the offices of the Agency; and further, to
publish notice of the availability thereof in the notice of
public hearing on the proposed Amendment to the Redevelopment
Plan.
PASSED, APPROVED, AND ADOPTED this 24th day of
February , 1986.
ATTEST:
Chairman
Secre~a~ '' - /
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, Secretary of the Cypress
Redevelopment Agency, DO HEREBY CERTIFY that the foregoing
Resolution was duly adopted at a meeting of the said Agency
held on the 24th day of February 1986; by the following roll
call vote:
AYES: 4
NOES: 0
ABSENT: 1
AGENCY MEMBERS: Kanel, Mullen, Partin and Lacayo
AGENCY MEMBERS: None
ABENCY MEMBERS: Coronado
Secret~y~- C~p~ess ?edevelopmentAgency
02-13-86
1020k/2091/01
-2-
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Oypre~s Redevelopment Agency
Civic Center Redevelopment Project
endment No. 1
Proposed Redevelopment
~ Ame~ment Are~ Boundary' Plan M~p/Gener~l Plan M~p
0 ~' 4~' 1~0'
EXHIBIT "B"
CYPRESS COMMUNITY REDEVELOPMENT AGENCY
RELOCATION PLAN FOR THE
CIVIC CENTER REDEVELOPMENT PROJECT
I. INTRODUCTION
Pursuant to Section 33411 of the California Community
Redevelopment Law, and Section 6038 b (5) of the California
Relocation Assistance Guidelines, a method and plan must be
provided for the relocation of families and persons to be
displaced from a designated redevelopment project area. The
plan which follows is in compliance with these sections of the
law and guidelines and is further intended to demonstrate both
the City of Cypress and the Redevelopment Agency's clear
intentions to provide relocation advisory assistance as
required by law to persons who may be displaced from the Civic
Center Redevelopment Project. Such professonal assistance,
together with payment of relocation benefits as provided for in
Sections 7260 et seq. of the Government Code, are purposefully
intended to minimize the inconvenience caused by displacement
and the need to relocate.
So
Do
II. DEFINITIONS
Agency - means the Cypress Community Redevelopment Agency,
its staff, the consultants and contractors it employs.
Acquired Dwellinq - means a dwelling purchased by the
Agency, a dwelling for which purchase negotiations have
been initiated, or a dewlling on which rehabilitation
activities or Owner Participation Agreement activities have
been required.
Averaqe Annual Net Earnings - means one-half any net
earnings of a business or farm operation before federal,
state and local 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 or during such other period as the Director
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 the two-year period. In the case of a
corporate owner, earnings of the owner of a majority
interest in the corporation. For the purpose of
determining majority ownership, stock held by a husband,
his wife, and their dependent children, shall be treated as
one unit.
Business - means any lawful activity, excepting a farm
operation, conducted primarily:
For the purchase, sale, lease or rental of personal
and real property, and for the manufacture,
processing, or marketing of products, commodities, or
a~y other personal property; or
E o
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2. For the sale of services to the public;
3. By a nonprofit organization; or
Solely for the purpose of moving and related expenses,
for assisting in the purchase, sale, resale,
manufacture, processing or marketing of products,
commodities, personal property, or services by the
erection and maintenance of an outdoor advertising
display(s), whether or not such display(s) is located
in the premises on which any of the activities are
conducted.
City - means the City of Cypress.
Comparable Replacement Dwellinq - means a dwelling which is:
1. Decent, safe, and sanitary as defined in Part IV, A.
2. Functionally equivalent and substantially the same as
the acquired dwelling with respect to:
a Number of rooms;
b Area of living space;
c Type of construction;
d Age;
e State of repair;
f But not excluding newly constructed housing.
Fair housing - open to all persons regardless of race,
color, religion, sex, or national origin and consistent
with the requirements of Title VIII of the Civil Rights Act
of 1968.
In areas not generally less desirable than the dwelling to
be acquired in regard to:
a. Public utilities and municipal services;
b. Public and commercial facilities.
Reasonably accessible to the relocatee's place of
employment.
Adequate to accommodate the relocatee.
0133P/2091/00 -2-
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In an equal or better neighborhood, and in an area not
subjected to unreasonable adverse environmental conditions.
Available on the market to the displaced person.
Within the financial means of the displaced family or
individual.
Conventional Loan - means a mortgage commonly given by
banks, savings and loan associations to secure advances on,
or the unpaid purchase price of real property, payment of
which is not insured by any agency of the state or federal
governments.
Counted Room - means the space in a dwelling unit
containing the usual quantity of household furniture,
equipment and personal property. It shall include such
space as a recreation room, living room, study, library,
dining room, kitchen, laundry room, basement, and garage.
Rooms or storage areas which contain substantial amounts of
personal property equivalent to one or more rooms may be
counted as additional rooms.
Date of Initiation or Negotiations for the Parcel - means
the date the Agency makes the first personal contact with
the owner or his representative and furnishes him with a
written offer to purchase the property.
For purposes of establishing payment eligibility in the
case of rehabilitation, code enforcement and Owner
Participation Agreement activities, "Initiation of
Negotiations" shall mean the date on which a displacee
moves from a displacement site.
Director - means the Executive Director of the Agency.
Displaced Person or Relocatee - means any person who moves
from real property, or who moves his personal property from
real property, as a result of the acquisition of such real
property, in whole or in part, by a public entity or by any
person having an agreement with or acting on behalf of a
public entity, or as the result of a written order from a
public entity to vacate the real property, for public use.
This definition shall be construed so that persons
displaced as a result of public action receive relocation
benefits in cases where they are displaced as a result of
an Owner Participation Agreement or an acquisition carried
out by a private person for or in connection with the
public use where the public entity is otherwise empowered
to acquire the property to carry out the public use.
Where only a portion of the real property is taken, a
person who occupied all or a portion of the remainder shall
0133P/2091/00 -3-
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be considered a displaced person only if the acquisition or
construction of the project made the displacement necessary.
For purposes of eligibility for advisory assistance and
moving expenses (excluding the In Lieu and Replacement
Housing Payments), a person is considered displaced if he
receives a written notice from the Agency to vacate other
real property on which the person conducts a business.
Dwelling - means any single-family house, a single-family
unit (including a nonhousekeeping unit) in a multi-family
building, a unit of a condominium or cooperative housing
project, a mobile home, or any other residential unit.
Economic Rent - means the reasonable rental expectancy if
the property were available for rent or lease; the rent or
lease payment being paid for comparable space as
distinguished fom contract rent or lease payment.
Effective Rate of Interest - means the annual percentage
rate paid on the debt of a mortgage as a result of
including debt service charges in the total interest to be
paid on the mortgage debt, as an incident to the extension
of credit, when such debt service charges are normal to the
market.
Eligible Person - means any displaced person who is
lawfully entitled to any relocation payment under state or
federal regulations.
Family - means two or more individuals, one of whom is the
head of a household, plus all other individuals regardless
of blood or legal ties who live with and are considered a
part of the family unit. Where two or more individuals
occupy the same family dwelling with no identifiable head
of a household, they shall be treated as one family for
replacement housing payment purposes.
Farm Operation - means any activitiy 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.
Gross Income - means projected annual income from all
sources of each member of the family residing in the
household who is at least 18 years of age.
Incidental Expenses - means reasonable expenses incurred
for evidence of title, recording, fees, and other closing
costs on the purchase of a replacement dwelling.
0133P/2091/00 -4-
To
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Mobile Home - means a structure, transportable in one or
more sections, which is built on a permanent chassis and
designed to be used as a dwelling with or without a
permanent foundation when connected to the required
utilities, and includes the plumbing, heating,
air-conditioning, and electrical systems contained
therein. A self-propelled vehicle is not a mobile home.
Monthly Gross Income - means the total monthly income of a
family or individual irrespective of expenses and voluntary
or involuntary deductions and includes, but is not limited
to salaries, wages, tips, commissions, rents, royalties,
dividends, interest, profits, pensions, and annuities.
Mortgage - means such classes of liens as are commonly
given to secure advances on, or the unpaid purchase price
of, real property, together with the credit instruments, if
any, secured thereby.
Movinq Expense - means the cost of dismantling,
disconnecting, crating, loading, insuring, temporary
storage, transporting, unloading and reinstailing of
personal property, including service charges in connection
with effecting such reinstallations, and necessary
temporary lodging and transportation of eligible persons.
Nonprofit Orqanization - means a corporation, partnership,
individual or other public or private entity, engaged in a
business, professional or instructional activity on a
nonprofit basis, necessitating fixtures, equipment, stock
in trade, or other tangible property for the carrying on of
the business, profession or institutional activitiy on the
premises.
Owner - person "owns a dwelling" if he:
Holds fee title, a life estate, a 99-year lease, or a
lease with not less than 50 years to run from date of
acquisition of the property for the project;
Holds an interest in a cooperative housing project
which includes the rights of occupancy of a dwelling
unit therein;
o
Is the contract purchaser of any of the foregoing
estates or interests;
4. Has a leasehold interest with an option to purchase; or
o
Owns a mobile unit which under State law is determined
to be real property, not personal property.
0133P/2091/00 -5-
So
Person - means any individual, partnership, corporation, or
association.
AA. Personal Property - tangible, personal property means
tangible property which is situated on the real property
vacated or to be vacated by a displaced person and which is
considered personal property and is noncompensable (other
than for moving expenses) under the state law of eminent
domain, and in the case of a tenant, fixtures and
equipment, and other property which may be characterized as
real property under state or local law, but which the
tenant may lawfully, and at his election determines to,
move and for which the tenant is not compensated in the
real property acquisition. In the case of an owner of real
property, the determination as to whether an item of
property is personal or real shall depend upon how it is
identified in the acquisition appraisals and the closing or
settlement statement with respect to the real property
acquisitions: provided, that no item of property which is
compensable under state and local law to the owner of real
property in the real property acquisition may be treated as
tangible personal property in computing actual direct
losses of tangible personal property.
BB. Prepaid Expenses - means items paid in advance by the
seller of real property and prorated between such seller
and the buyer of such real property at the close of escrow
including, but not limited to real property taxes, for
insurance, homeowners' association dues and assessment
payments.
CC. Public Use - means a use for which real property may be
acquired by eminent domain.
DD. Purchases - (Replacement Housing) - means:
The acquisition, construction or rehabilitation of a
dwelling, the purchase and rehabilitation of a
substandard dwelling, the relocation or relocation and
rehabilitation of an existing dwelling, or the
entering into a contract to purchase, or for the
construction of, a dwelling to be constructed on a
site to be provided by a builder or developer or on a
site which the displaced person owns or acquired for
such purpose.
o
Mobile homes must be registered with the California
Department of Motor Vehicles in the name of the
claimant in order that they be considered as
"purchased" replacement dwellings.
0133P/2091/00 -6-
III. ADMINISTRATIVE ORGANIZATION
Responsible Aqency
The Redevelopment Agency is the local public agency which
is responsible for the relocation of individuals, families,
businesses, and institutions that are displaced as a result
of redevelopment project activities. The agency may meet
its relocation responsibilities through qualified staff
that will manage the complexities of providing relocation
advisory assistance. Their services may be supplemented
with assistance from local realtors, social agencies, and
civic organizations.
B. Staffinq
The Agency's Executive Director shall be responsible for
developing and administering the Agency's program for
relocation advisory assistance to all occupants within the
Civic Center Redevelopment Project that are required to
move as a result of redevelopment activities.
The Agency shall ensure that staff who are charged with the
duties of providing relocation implementation services are
qualified and experienced in housing and urban development,
relocation procedures, social service programs, public
housing and property management. The Agency's relocation
program shall be designed so as to maximize the use of
other City departments, as appropriate, as well as other
social service agencies which regularly provide counseling,
referral, and specialized programs to those who qualify.
Such relocation program shall, to the extent feasible, be
designed to encourage relocation of families and persons
into other neighborhoods in Cypress without interferring
with the displacee's option to select a replacement house
of his choice, whether that choice is within or outside the
City of Cypress.
C. Agency Staff Functions
The functions of the Agency's relocation staff shall
include the following:
Interpret the Agency's program to all site occupants
and the general public to enlist their understanding
and support, and to answer questions about the
redevelopment project and its effect upon project site
occupants.
Determine the relocation needs and desires of all site
occupants through personal interviews and to keep each
informed of their rights and responsibilities under
0133P/2091/00 -7-
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9 o
10.
the redevelopment program, as well as to apprise them
of the relocation resources, special services, and
aids to which they are entitled.
Enlist the cooperation of real estate agents, home
builders, property management firms, social service
agencies, civic groups and others in locating suitable
relocation accommodations for displacees and to
provide other services deemed essential for the
successful relocation of site occupants.
Locate, inspect and evaluate, or stimulate the
development of, housing facilities to meet the needs
of all site occupants and refer and otherwise assist
site occupants to secure housing which they require.
Secure priority consideration for persons eligible for
and desiring public housing or any other housing to
which displacees are entitled, and take other
appropriate steps as necessary to expedite their
placement into such housing.
Advise and assist owners and site occupants in
understanding and utilizing the "owner and tenant
participation" opportunities provided for in the
Redevelopment Plan and in the Rules Governing
Participation and Reentry.
Assist prospective home buyers in obtaining
appropriate mortgage financing and advise them of a
special FHA, VA and other financial aids available.
Make referrals to community social, welfare, and other
similar agencies when such referrals are deemed
advisable and cooperate with these agencies on an
individual basis to assist in the solution of specific
problems affecting the relocation of individuals, or
groups of relocatees.
Maintain liaison services between businesses, site
occupants, and commercial property brokers, realty
boards, Chambers of Commerce, the Small Business
Administration, the Economic Development Agency,
lending institutions, and other appropriate resources
for advice and assistance in effecting the
satisfactory relocation of site occupants.
Assist site occupants in preparing all claims for
relocation payments to which they are entitled.
0133P/2091/00 -8-
11.
12.
Establish records, maintain files, and provide ongoing
reports to the Executive Director on field relocation
activities.
Coordinate relocation activities with other Agency
operations.
IV. REPLACEMENT HOUSING STANDARDS
It is the Agency's objective that all residential site
occupants be rehoused, with a minimum of hardship, into
accommodations that are decent, safe, sanitary, and suitable to
their individual needs; located in areas not less desirable
than housing which exists in the Project Area with respect to
public utilities and public and commercial facilities, and are
reasonably accessible to the site occupants' places of
employment; and are priced within their financial means. The
standards set forth below have been established by the Agency
to achieve these objectives.
A. Standards for Dwellings
A decent, safe, and sanitary dwelling is one which meets
all of the following minimum requirements:
Conforms with all applicable provisions for existing
structures that have been established under state or
local building, plumbing, electrical, housing and
occupancy codes and similar ordinances or regulations.
o
Has a continuing and adequate supply of potable safe
water.
Has a kitchen or an area set aside for kitchen use
which contains a sink in good working condition and
connected to hot and cold water, and an adequate
sewage system. A stove and refrigerator in good
operating condition shall be provided when required by
local code, ordinances or custom. When these
facilities are not so required by local codes,
ordinances or custom, the kitchen area or area set
aside for such use shall have utility service
connections and adequate space for the installation of
such facilities.
Has an adequate heating system in good working order
which will maintain a minimum temperature of 70
degrees in the living area, excluding bedrooms, under
local outdoor temperature conditions. A heating
system will not be required in those geographical
0133P/2091/00 -9-
areas where such is not normally included in new
housing.
Has a bathroom, well-lighted and ventilated and
affording privacy to a person within it, containing a
lavatory basin and a bathtub or stall shower, properly
connected to an adequate supply of hot and cold
running water, and a flush closet, all in good working
order and properly connected to a sewage disposal
system.
Has an adequate and a safe wiring system for lighting
and other electrical services.
o
Is structurally sound, weathertight, in good repair
and adequately maintained.
Each building used for dwelling purposes shall have a
safe unobstructed means of exit leading to safe open
space at ground level. Each dwelling unit in a
multi-dwelling building must have access either
directly or through a common corridor to a means of
exit to open space at ground level. In multi-dwelling
buildings of three stories or more, the common
corridor on each story must have at least two means of
exit.
o
Has 150 square feet of habitable floor space for the
first occupant in a standard living unit and at least
100 square feet of habitable floor space for each
additional occupant. The floor space is to be
subdivided into sufficient rooms to be adequate for
the family. All rooms must be adequately ventilated.
Habitable floor space is defined as that space used
for sleeping, living, cooking or dining purposes, and
excludes such enclosed places as closets, pantries,
bath or toilet rooms, service rooms, connecting
corridors, laundries, and unfinished attics, foyers,
storage spaces, cellars, utility rooms and similar
spaces.
10.
Every bedroom shall contain not less than 80 square
feet of surface floor area and at least one window
opening to the outside. If more than two persons
occupy the room, an additional 60 square feet of floor
area shall be required for each additional person.
B. Standards for Sleeping Rooms (Nonhousekeeping Units)
A decent, safe and sanitary sleeping room is one which
includes the minimum requirements contained in Paragraph A,
Subparagraphs 2, 4, 6, 7 and 8 of this section and the
following:
0133P/2091/00 -10-
Do
At least 100 square feet of habitable floor space
for the first occupant and 50 square feet of
habitable floor space for each additional
occupant.
Lavatory, bath and toilet facilities that provide
privacy, including a door that can be locked if
such facilities are separate from the room.
Standards for Mobile Homes
A decent, safe and sanitary mobile home is one which
includes the minimum requirements contained in Paragraph A,
Subparagraphs 2, 3, 4, 5, 6, 7, 8, and 9 of this section
except that it may have 70 square feet of habitable floor
space for each additional occupant and the following:
Bears the insignia of approval issued by the State of
California, Department of Housing and Community
Development, pursuant to the California Health and
Safety Code, except those manufactured prior to
September 1, 1958.
Ability to Pay
The Agency's relocation staff will give consideration to
the particular financial situation of each family or
individual and will seek the occupant's concurrence in the
final determination of what he can afford to pay for
housing. Every effort will be made to maintain the lowest
possible housing cost-income ratio, which at the same time
provides the relocatee with adequate housing.
As a general rule, displacees should usually be able to pay
gross monthly rentals based on the following criteria:
1. Families and individuals - 25~ of gross income.
o
Displacees eligible for public housing - rents as
established by a Housing Authority, which are
graded to income.
o
Incomes, assets and debts are to be evaluated in
determining the relative price which is
approximately two and one-half times annual gross
family income, combined with monthly payments not
exceeding 25~ of gross monthly income, will be
considered as being within the financial means of
those contemplating home ownership.
0133P/2091/00 -11-
Displacees may voluntarily relocate to units
exceeding these standards in price, but such
units may not be used as referrals by the Agency.
E. Miscellaneous
Additionally, units used for referral or feasibility
purposes may not be located in areas subject to
unreasonable environmental influences and must be available
on a nondiscriminatory basis.
F. Exceptions
Exceptions to housing standards may be granted in emergency
or other unusual situations. Such exceptions will be
limited to items and circumstances that are beyond the
reasonable control of the relocatee. Exceptions will not
be granted for items which render the dwelling hazardous,
unsafe or unsanitary.
G. Environmental Standards
It will be the Agency's policy to refer families and
individuals to housing in areas not less desirable in
regard to public utilities and services, and commercial
facilities than presently available in the Project Area.
Furthermore, such housing shall, to the extent possible, be
within a reasonable distance for daily commuting to the
displacee's place of employment.
Ho
Temporary Housinq Standards
Housing not meeting the Agency's established standards for
permanent relocation may be used for temporary housing only
when it becomes necessary to relocate a site occupant
pending the availability of permanent quarters; to
facilitate commencement of demolition of site improvement
operations; to vacate premises which are unsafe; and/or to
effectuate reductions in overall redevelopment project
costs.
In no event will the temporary housing offered by the
relocation staff be of less desirable character than that from
which the site occupant is being moved; further, such temporary
housing shall be in a safe and habitable condition.
Temporary relocations made by the Agency will be kept to a
minimum both as to number and duration, and will not diminish
the Agency's obligation with respect to the displacee's
permanent relocation. The necessary costs incurred in
0133P/2091/00 -12-
temporary on-site moves made at the direction of the Agency
will be paid by the Agency.
If a self-relocatee moves into temporary housing and declines
without satisfactory reason to accept standard housing to which
he is referred, it will be considered that the Agency's
responsibility to the relocatee has been discharged.
I. Obtaininq Relocation Housing
The Agency will establish a working relationship with
owners, operating managers, realtors, multiple listing
bureaus, property management firms, and others offering a
wide variety of private standard housing for rent or sale.
Based principally on this relationship, an ample supply of
replacement housing will be made available in order to
carry out the Agency's relocation program.
The Agency will obtain, inspect, and maintain current
listings of standard rental and sale properties which are
appropriate for relocation and are available on a
nondiscriminatory basis. Information on the size, rental
or sale price, financing terms and location of available
units will be given to displacees seeking referrals and, as
necessary, the relocation staff may provide transportation
or otherwise assist the site occupant in obtaining such
housing.
V. ASSURANCE OF RELOCATION RESOURCES
Before actual displacement is to occur, the Agency will assure
that, within a reasonable period of time, there will be
available comparable, decent, safe, and sanitary housing
sufficient to meet the needs of displacees and available at
prices they can afford.
In order that the Agency make such assurance, it will, prior to
any displacement, undertake surveys of the needs of displacees
and of the nature and extent of available standard housing
suitable to meet the needs of those families and individuals to
be displaced.
Adequacy of housing resources will be judged on the basis of
such factors as vacancy rates, actual availability within
applicable unit size and price ranges, degree of choice
available within the housing supply and relationship of
available units found to the needs of displacees as determined
by occupancy surveys.
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The Agency will document a finding of adequacy of housing
availability after completion of the required surveys and upon
demonstration that resources will be available at least sixty
(60) days before displacement occurs.
No family or individual will be required to move until or
unless suitable replacement housing is available at a price
they can afford; no family or individual will be required to
move unless or until at least three (3) such suitable units
have been offered to the displacee and rejected by the
displacee.
VI. RELOCATION ADVISORY ASSISTANCE
A. General
The Agency will provide advisory assistance to all persons
displaced or to be displaced as a result of acquisition by
the Agency of real property, to all persons displaced as a
result of property rehabilitation or code enforcement
activities carried out by private persons in conformance
with the adopted Redevelopment Plan, and to all persons
who, because of the acquisition of real property used for a
business or farm operation, are required to move their
personal property from such other real property.
In addition, relocation advisory assistance will be offered
to any person occupying real property immediately adjacent
to property being acquired by the Agency, if the Director
determines that such person has been caused substantial
economic injury as a result of the Agency's acquisition..
The Agency's relocation assistance advisory program is
designed to:
Fully inform displacees of the availability of
relocation payments and assistance and the eligibility
requirements.
o
Through personal interview, determine each person's
need for relocation assistance.
o
Provide current information on the availability of
comparable sales and rental housing and location of
comparable commercial properties.
Assure that, within a reasonable period of time prior
to displacement, there will be adequate replacement
housing available for persons who are to be displaced.
0133P/2091/00 -14-
So
o
Provide other advisory services, such as counseling
and referrals, with regard to financial, employment,
training, health, welfare, and other problem areas in
order to minimize the hardships of relocation.
Assist persons in completing required applications and
forms.
o
Inform all persons who are expected to occupy Agency
property about rental and property management policies
to be used in the project.
Insure adequate inspection of all relocation
replacement housing.
Informational Material
The Agency will distribute informational materials (see
Appendix A) to every area occupant to be displaced or
otherwise affected by the project. Written information
will be given to each owner and occupant of property to be
acquired at the time the Agency acquires the property. A
notification that occupants are eligible for relocation
payments as of the date of the Agency's first offer to
purchase the property shall be given to each occupant as
soon as possible after the first offer has been made.
Separate informational material (see Appendix A) will be
made available to business concerns (including nonprofit
organizations) and farms, when appropriate. In addition to
distributing written material, the Agency will conduct
personal interviews and maintain personal contacts to the
maximum extent possible. Informational materials will be
written in the language most easily understood by the
persons affected. Site occupants will be informed of
project activities and timing through meetings and other
means.
C. Listinqs, Referrals, and Assistance in Obtaininq Housing
1. Listings
The Agency will provide information to residents on
the availability, prices, and rental rates of
comparable, decent, safe, and sanitary housing. The
Agency will provide residents to be displaced with
listings of available dwelling units of appropriate
size to meet their needs, and which are within their
financial ability to pay. Listings will be available
in accordance with Federal Fair Housing Law (Title
0133P/2091/00 -15-
VIII of the Civil Rights Act of 1968) and other
applicable fair housing laws. Listings will be
maintained on a continuing basis as derived from
frequent reviews of newspaper ads, street searches,
contacts with owners, brokers, managers and agents.
2. Referrals
Relocation housing will be inspected prior to being
provided as a referral to assure that it meets
replacement housing standards. Units to be referred
may not be in a neighborhood slated for governmental
action unless that action is related to rehabilitation
amenities. In no case will referrals be made to
housing from which it is reasonably anticipated that
the family or individual may again be displaced. In
making referrals, the Agency shall give consideration
to the proximity of the housing to the displacees'
employment or potential employment, including
proximity to public transportation and other public
facilities essential to successful adjustment. The
Agency shall refer all interested persons to local
housing authorities and sponsors of assisted housing.
When appropriate, staff will assist in filling out
appropriate applications for occupancy.
3. Assistance in Obtaining Housing
Families and individuals are encouraged to tell the
Agency of problems experienced in obtaining housing or
other accommodations. It is the obligation of the
Agency to assist in resolving these problems. The
Agency has the responsibility to provide prompt
information on the availability of housing and to
assist displacees in obtaining the units of their
choice. The Agency shall provide assistance to
prospective homeowners in the form of obtaining
mortgage financing, including helping in the
preparation and submission of purchase offers,
obtaining credit reports, and verifying employment,
and making any other arrangements with lending
institutions to facilitate the obtaining of loans,
particularly for minority-group and low-income
families and individuals.
D. Social Services
All families and individuals will be provided with access
to needed social services and counseling in order to
minimize hardships involved in the relocation process.
0133P/2091/00 -16-
E. Assistance to Business Concerns, Nonprofit Organizations and
Farm Operations
The Agency will provide relocation advisory assistance to
all business concerns, non-profit organizations, and farm
operations to be displaced by a project. The Agency will
also provide advisory services and assistance to any
business concern or non-profit organization occupying
property which is immediately adjacent to: (1) the Project
Area; or (2) any real property acquired, when the business
is determined to have suffered substantial economic injury
as a result of project activities.
Among the services which the Agency will provide to
business concerns, non-profit organizations and farm
operations are the following:
1. Consultations
The Agency will consult with the owner or operator to
determine the need for relocation assistance and
nature of replacement site requirements. The
consultation will include discussions of such items as
space, traffic patterns, market and other
requirements, and the total number of employees.
2. Current Information on Relocation Sites
The Agency will provide current information on the
availability, costs, and square footage of comparable
locations and make referrals to real estate brokers
who may be able to assist in obtaining suitable
accommodations. In making referrals, and providing
information, the Agency will provide maximum
assistance but avoid involvement in the business
operation itself.
3. Economic Information
The Agency will provide information relative to
property values, growth potentials and economic
information which may assist in enabling the business
to make informed decisions relative to relocation.
Referrals to SBA
Where appropriate, business concerns will be referred
to the Small Business Administration (SBA) for
managerial, financial and technical assistance.
0133P/2091/00 -17-
F. Equal Opportunity
In carrying out relocation, the Agency shall take
affirmative steps in providing displaced families and
individuals maximum opportunities in selecting housing.
The following are affirmative actions that the Agency may
take:
Make full use of government housing programs and
normal real estate management and brokerage
services.
Inform members of minority groups of the
opportunities in neighborhoods and provide
services necessary to familiarize them with those
neighborhoods.
Provide escort services to real estate offices in
all neighborhoods.
Cooperate with all fair housing groups interested
in equal opportunities in housing.
Self-Relocation and Inspections
The Agency will make every effort to inspect the dwellings
of self-relocated families and individuals prior to their
move. When displacees move without notifying the Agency,
every reasonable effort will be made to locate the
displacee and inspect the replacement dwelling. Upon
inspection, if a dwelling is found to be substandard, the
Agency must offer assistance in securing standard
accommodations. Should the family or individual decline a
minimum of three (3) offers of standard dwelling units and
its present dwelling unit does not meet standard housing
criteria, the Agency shall notify the displacee in writing
of his inetigibility for replacement housing payments.
H. Relocation Records
The Agency will maintain a relocation record, beginning
with the information obtained during the first interview,
to assess relocation needs. A separate record shall be
prepared for each family, each individual maintaining a
unit, each business concern, nonprofit organization, and
farm operation. The record shall contain all data relating
to dates and types of services provided, the type and
amount of relocation payments made, and the location to
which those displaced relocated, including a description of
the accommodation.
0133P/2091/00 -18-
I. Agency Evaluation
The Agency will periodically evaluate the relocation
program to determine its effectiveness in assisting persons
affected by its projects and its conformance to provisions
of state and federal laws. Both the quality and quantity
of services provided will be considered.
VII. RELOCATION PAYMENTS
The Agency will make relocation payments to all eligible
families, individuals, businesses and institutions displaced by
project activities in accordance with the regulations governing
relocation payments as established by the State of California.
An informational statement (see Appendix A) will notify the
site occupant of his eligibility for relocation payments and
generally instruct him on procedures for filing claims.
Complete rules and regulations will be carefully eKplained
individually to each site occupant and copies of all
instructions given to him. Site occupants may consult with
Agency staff whenever problems arise, and through recurring
visits, Agency staff will attempt to anticipate problems and
plausible solutions.
ao
Qualifications and Conditions for Payments
The Agency will pay reasonable and necessary moving
expenses and/or storage costs; actual direct loss of
personal property for which reimbursement or compensation
is not otherwise made by the Agency (through purchase,
etc.); or a combination of both.
Under certain circumstances, some families and individuals
may qualify for replacement housing payments, and certain
businesses may be eligible for an alternate payment in lieu
of moving expenses and certain other expenses. Former
owners will be reimbursed for certain settlement costs and
related charges incurred in the sale of property to the
Agency.
Eligibility for payments will be based upon the provisions
of pertinent sections of the State of California Government
Code and Relocation Rules and Regulations as adopted by the
Agency.
B. Restrictions on Payment of Relocation Claim
Site occupants who fail to pay rent or who remove, without
authorization, fixtures or other items purchased by the
0133P/2091/00 -19-
Agency, may forfeit their right to all or a portion of the
relocation payment.
C. Time for Filing Claims
Do
E o
All claims for relocation payments or business displacement
payments must be submitted to the Agency within six (6)
months after the displacement of the claimant, except that
a claim for a replacement housing payment for a homeowner
must be submitted within eighteen (18) months after the
displacement of the owner.
Payment Amounts
Eligible families and individuals will be given the option
to claim: (1) reimbursement of their actual and
reasonable moving expenses and/or eligible storage costs,
or (2) a moving expense allowance not to exceed $300 based
on a schedule related to the number of rooms occupied, and
a dislocation allowance of $200. In addition, homeowners
may be entitled to receive a replacement housing payment up
to and not to exceed $15,000 when purchasing a replacement
dwelling and tenants, including such tenants electing to
purchase, and owners electing to rent a replacement
dwelling may be entitled to receive a payment up to and not
to exceed $4,000 toward the rental or purchase of a
comparable replacement dwelling.
Eligible business concerns and institutions will be
reimbursed for: (1) actual and reasonable moving costs;
and (2) any actual direct loss of personal property; or in
lieu thereof, certain businesses may elect to receive an
alternate payment of not less than $2,500, nor more than
$10,000 equivalent to the average annual net earnings of
the business and based upon such earnings for the two
taxable years immediately preceding the year of
displacement.
No temporary on-site moves made for the convenience of the
Agency will be chargeable to a site occupant's allowable
relocation payment.
Filing Claims
All claims for relocation payments must be submitted
on forms which will be provided by the Agency.
0133P/2091/00 -20-
2. Special Conditions for Business Concerns
so
A business concern must give the Agency at least
thirty (30) days, but not more than ninety (90)
days, written notice of its intention to move and
must permit the Agency, at all reasonable times,
to inspect the personal property to be moved.
Claims for relocation payments must be supported
by three bids of moving expenses from reputable
moving firms and, to the extent required, other
contractors. A relocation payment covering
moving expenses may not exceed the lowest bid.
If a business concern estimates that its moving
expenses will be $500 or less, bids will not be
required; however, the maximum payment in such
cases will be $500.
c. Self-moves for businesses will be allowed.
F. Documenting Claims
ao
A claim must be supported by the following:
If for moving expenses, except in the case of a fixed
payment, an itemized receipted bill or other evidence
of expense.
o
If for actual direct loss of personal property,
written evidence thereof, which may include
appraisals, certified prices, copies of bills of sale,
receipts, cancelled checks, copies of advertisements,
offers to sell, auction records, and such other
records as may be appropriate to support the claim.
o
Documentation may be required by the Agency and may
include income tax returns, withholding or
informational statements, and proof of age.
All claim papers and related evidence will become permanent
records in the Agency's files. The reason for disallowing
any portion of claim will be stated in writing to the
claimant.
VIII. ASSISTANCE TO BUSINESSES AND OTHERS
Individuals
All services to be offered displaced families will be
equally available to individuals occupying separate
housekeeping or nonhousekeeping accommodations.
0133P/2091/00 -21-
B. Others
The Agency will cooperate fully with an owner of any
property in the Project Area which is not proposed to be
acquired by the Agency but which must be vacated in order
for the owner to participate in the redevelopment program.
If he and/or his tenants are so vacated, then all of the
Agency's relocation services will be offered to them.
Businesses and Institutions
Businesses and institutional site occupants will be
personally interviewed to determine their relocation needs
and preferences, provided general and special informational
material, assisted in preparing relocation claims, helped
in finding other suitable locations within or outside the
Project Area, and referred to other groups or agencies for
assistance in completing a staisfactory relocation.
As the situation requires, the relocation staff will refer
these site occupants to, and maintain liaison between, the
Small Business Administration, the Economic Development
Agency, trade associations, Chambers of Commerce, lending
institutions, real estate agencies, brokers, and multiple
listing realty boards in order that they may be assisted on
a nondiscriminatory basis in obtaining suitable relocation
premises, financial help, and guidance in reestablishing
their operations.
The office of the Small Business Administration and of the
Economic Development Agency will be made aware of the
project and will work closely with the Agency and
commercial site occupants in extending their assistance.
Information about these two agencies will be available from
the relocation staff, and referrals to them and to others
who can assist commercial displacees will be made with the
same consistency and comprehensiveness as referrals of
residents to social service agencies.
As required or necessary, the Agency will provide special
staff and consulting services to effectively assist this
group in carrying out their goals.
IX. NOTICES TO VACATE
A. General Policy
No person lawfully occupying real property acquired by the
Agency shall be required to move from a dwelling or to move
his business or farm without at least ninety (90) days'
0133P/2091/00 -22-
notice in writing, either hand delivered or mailed by
certified mail, return receipt requested, except in unusual
emergency situations or where the public health and safety
require immediate possession. No person shall be required
to vacate a dwelling house unless comparable decent, safe,
and sanitary replacement housing is available, except in
public health and safety emergencies. All notices shall be
given in accordance with the law.
X. GRIEVANCE PROCEDURES
Displacees will be informed by Agency staff of their right to
appeal regarding relocation decisions that are made. Any
person aggrieved by a determination as to eligibility for, or
the amount of a relocation payment, may have his claim reviewed
in the following manner:
A. Request for Review by Claimant
Such person shall request in writing that the Director, or
his designee, review the matter with the person making the
request. The Director shall notify such person in writing
of his decision after reviewing and considering all
reasonably available evidence.
B. Review by Director
After review of the matter by the Director or his designee,
and receipt of his decision, or in the event such person
has not received notification of the Director's decision
within thirty days after filing the initial request for
review, the person may file his complaint in writing with
the Agency's Relocation Appeals Board, which will be
designated by the Agency. Such Relocation Appeals Board
will promptly hear all such complaints pursuant to the
provisions of the relocation program providing for
relocation assistance and administration of claims as
outlined in this Method and Plan. The Board shall, after
public hearing on the matter, transmit its findings and
recommendations to the Agency.
C. Public Hearinq by Appeals Board
After a public hearing by the Relocation Appeals Board, and
receipt of its findings and recommendations, the Agency
shall conduct a hearing on the aggrieved person's complaint
and shall give such person at least five days' written
notice prior to the hearing on the matter. The aggrieved
person shall be notified in writing of the decision of the
Agency within five days after such decision, and the basis
0133P/2091/00 -23-
for such decision. The decision transmitted by the Agency
shall represent the final decision of the Agency.
XI. ADDITIONAL RELOCATION REQUIREMENTS
State law and regulations do not prescribe relocation
assistance and benefit requirements that exceed those provided
for herein; however, the Agency shall follow and comply with
all such requirements prescribed.
0133P/2091/00 -24-