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CC RES 74-32
. 11 12 13 14 15 16 17 18 19 2O 21 22 25 26 27 28 29 31 RESOLUTION NO. 74- 32 · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ESTABLISHING GUIDELINES AND PRO- CEDURES FOR IMPLEMENTING THE CALIFORNIA RE- LOCATION ASSISTANCE LAW. resolve as The City Council of the City .of Tustin does follows hereby 1. GENERAL 1.1. Purpose Pursuant of the Government Code of lines and Procedures are a %miform policy for the displaced by public works to the requirements of Chapter 16, Sections 7260 et. seq. the State of California, these GUide- established for the purpose of providing fair and equitable treatraent of persons programs of the City 'of Tustin. , 1.2. References These regulations been given to the have been adopted wi th following-. cons iderat'ion having a® State .Relocation Assistance Law - Sections 7260 et. seq,. California AB 533, Chapter 16, Government Code. b~ State Reloca.tion Guidelines - Pursuant to AB 1040, Chapter 1307 California Government Code and Sections 37042 arid 37109.5, California Health and Safety Code. C · House Report No. 91.-1656, December 2, 1970, a report accompany s.1, Committee on Public Works, House of Representatives, 91st Congress, 2nd Session. tO de Provisions of applicable Federal and State Law, in- cluding Title VI of the Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968. 2 . ORGANIZATION Relocation Assistance Agency A Relocation Assistance Agency is hereby establish'ed for the purpose of implementing the provisions of the. se guidelines, be comprised of the following- to Comraunity Development Director City Attorney City Engineer Building Official' 'Community Member-at-Large (Chairman ) 2.].1. Community Member Selection '£[te Col~nunity Member-at-Large .shall be selected by the regular ~embers of the Agency for each project or program. The at-Large- Member shall be selected for his representation of persons dJ.rectly affected by the project, such as a Chamber of Commerce member, realtor, or area resident. · / /; 408 . 10 11 18 14 15 17 18 19 20 21 .22 9,8 28 81 2.2. Contract and/or Con~:u].'iT-ant.., ~,~e];vi ~ ces ,. The Relocation Assistance Acj'.,'znc?' shall have au'tt~ority ~o use the services of other govern~r~ental a~'encies in the field of relocation assistance, and, with the consent of the City Co~ncJ..'.' ........ to contract for consultant s~rvices of appraisers and./or" re-- location and housing agencies. 2.3. c_o..m?li ance with Law The City Administrator shall periodically review the programs and procedures subject to these guidelines to assure com- pliance with State and Federal laws. -. 2.4. Ex_,..~.,q.e_,~.__t_i?n Exceptions and/or deviations from these Guidelines and Pro- cedures shall require specific authorization'of the city Council. ~ APPLICABILITY AND RESPONSIBILITIES 3.1. Public Information The Relocation Agency shall make available to the public full information concerning the agency's relocation programs'and shall insure that persons to ~e displaced are fully informed., at the earliest possible time, of such matters as available relocation payments and assistance;' the specific p~ans and procedures for assurinq ~':h.a~:. ,quitable replacem, ent housing will k~t..~, C;L %." C.;L.2..~ ..i. Ck.l,~-L.<..,: .L. %.,....~- _,.',.,';~l.~.i.'~..,. ;., ~. ...... ~ ..... i~.,.-~ -- ,.--',.~----: .... ' # --.~,~- ..... -~'" ....... ' ..... '~ placement; the eligibility requirements and proced.u, res for obtaining such payments and assistance; and the right of admin- istrative review by the agency. 3.2. Not___i_ce of Disp. lacemen%. A written notice of displacement shall be given by the 'agency to each individual, family, business,, or 'farm operation to be displaced. Such notice shall be served personally or by certified (or registered) first-class mail. 3.3. Eligibility for Benefits .... --,,_t --_. ----_ _---- _ -~,---------.*-, ,7--''''~---- .... ...-',--'. .. In order to qualify for 'benefits under the Act: as a. d'isplaced person, either of two conditions must be fulfilled: ' a · b e The person must have moved (or moved his persona]', pro- perty) as a result of the receipt of a written notice to vacate which notJ..ce may have been given before or after initiation of negotiations for acquisition of .the property. (When negotiations are initiated prior to the issuance of 'a written notJ. ce~ all persons con- tacted by the ~'~eqo'~iatJ. n~] ac~ency s"'uld be advised ........... that the benefits, cf thc Act are a.~.~aJ ]..able only when the Der..,on~ move~'~ ~.,,""~',seuuent.,,~,~ to recei'ot ~'~... ~ a written x. · .... .., notice); or , The subject real p%°perty must in fact ha~'e been ,ncquirec , in whole or in part., and the l;:,,.erson must have movod as . a resu].t of its ! . . 1! 12 .14 17 18 19 20 21 22 25 26 27 · 29 SO · .. 409 ,, ., 3.4.. Additional. Benefits a. Whenever the acquisition of, or notice to move from, rea.]_ property used for a .business or farm operation causes any person to move from other real property used for his dwelling, or to move his personal pro- perty, such person shall receive the benefits applicable for displaced persons pursuant to these guidelines. b. If the head of the displacing agency determines that any person occupying property immediately adjacent· to the real property acquired, is caused substantial economic injury because of the acquisition, he may offer such person relocation advisory services pursuant to these guidelines. -. 3.5. B.a.s i _s.._ of _App~a..i sa! For real property acquisitions under State law, contracts or options to purchase real property shall not incorporate pro- visions for making payments for relocation costs and related items in the Act. Appraisers shall not give consideration to or include in their real property appraisals any allowances for the benefits provided by the Act. In the event of condemnation with a declaration of taking, the estimated compensation shall be determined solely on the basis of the appraised value of the real property with no' cons idez*at ion being given to or reference contained therein to the payments to be made under the Act. 3' 6,' Time Limitations for Benefits Applications for benefits under the Act are to be made within eighteen months from the date on which the displaced person moves from the real property acquired or to be acquired; or the date on which the displacing agency makes final payment of all costs of that real property, whichever is the later date. The agency may extend this period upon a proper showing of good cause. 3.7. Applicability The provisions of these Guidelines and Procedures apply to the acquisition of all real property for, and the relocation of all persons displaced by projects or programs undertaken by 'the City. of Tustin regardless of the source of funds. 4. ASSURANCE OF ADEQUATE REPLACEMENT hOUSING PRIOR TO DISPLAcEME~.~T 4 1 As__~s.~_r._ance of Availabilit a. Availability. The City of Tustin sha].! not proceed with any phase of a project which will cause the displacement of any"' person until the City has determined that within a reasonable period of time prior to dJ. splacement, there will be available on a basis consistent with the requirements of Title VII.I of the Civil Rights Act of 1968 (P..L. 284), in areas not general].y less desirable :[.n r.'oga~.o. '~.o public utilities, and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced,.decent~ safe.' a.~d sanitary dwellings, equal in number to the numbe~: of; and -3- 410 4 9 10 11 12 14 15 17 18 19 2O 21 .22' 26 8O 81 ~9 available to, such displaced persons who require Such dwellings and r'easonably accessible to their places of employment. . , b. Su_~or J-~. mhe~ deter:ninat4 on_ should ]De based -~n,_ a currene. ....... survey and analysis of available replacement housing by th, agency. Such' .survey and analysis must take into account the competing demands on available housing. · c. Waiver. Pursuant to Section 7261(c) (3) of the Act., the City-~oun'----~i]. may prescribe by regulations, situations where the determination described in paragraph 4.la may be waived. These should be limited only to emergency or ,.other extra-~ ordinary situations where immediate possession of. real property is of crucial importance. Each waiver of assurance of replacement housing shall be supported by appropriate findings and a determination, of the necessity for the waiver. d. .Standards for ~ec._e~nt:__~ c_.s.a_f_e,~.~_and~s~ani_t__~.ry d.~ wel___~.lings. A decent~ safe, and sanitary dwelling is one which meets all of the following minimum requirements. Adj~ustments may be made only in the cases of unusual circu, nstances or in unique geographic areas. (1) Conforms with all applicable provisions ..for ex- isting structures that have been established 'under State or local bui!dJ, ng, plumbing, electricai~' housing · ~ ..... ~ -~-~--~ ~~nances o~' reg- and occupai~cy ~ ..... ~ ....... z~ ~- ~ ulations. ~ (2) Has a continuing and adequate supply of potable safe water. (3) Has a kitchen or an area set aside :for Mitchen 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 operative condition shall be provided when required by local code, ordinances or custom. When these facilities are not so required by local codes, ord- inances, or custom, t~.~e~,_t'~'tchen area or area..set aside for such use sha.]_ ~. :,ave utility service connections and adequate space for installation of such facilities. (4) Has an adequate 'l~ea'ting system in good working order which will maintain a minimum temper'ature of 70 degrees irt the lJ.,v'ing area, excluding bedr.ooms, under local outdoor design temperature conditions. '(5) Has a bathroom,, we!l-lighted and ventilated and affordi,ng priv'acv to a person within J.t, containing a lavatory basin and a bat. htub or stall shower, properly . . -(" "' ,:'.~ qUlPp]~, of hot a. nd cold runninc connected to &.n ,:,.tc,..~llat ...... .z · . ' "'.. i':: >''' ..... ~, al' .i.n good ~,,(,',"kina order water, and a .~. ,.- , .... :_c,::3. u... , ... ...... and prooer~,, conoco,-'". ~" ,",-': a. f.'~:,x.,age disposal system ~ .~" : . ., . (6) !las an adequa'te and safe w:Lring system for lighting and other elect:rice.], services, . .. 10 11 19. 18 14 15 18 :i.9 21 .22 26 27 28 8O 411 (7) Is structurally sound, weathertight, in good repair and adequately maintained ........ (8) Each building used for dwelling purposes shall have a safe unobstructed means of egress leading to safe open space at ground level.' Each dwelling unit in a mUlti-dwelling building must have access either directly or through' a co~:~non corridor to a means of egress to open space at ground level. In multi-dwelling build- ings of three stories or more, the common corridor on each Story must have at least two 'means of egress. (9) 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 sub- divided into sufficient rooms to be adequate for the family. All rooms must be adequa~ly 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. A decent, safe and sanitary sleeping room is one which includes the minimum requirements contained in subparagraphs (2), (4), (5), (6), (7), and (8) of this section and the · following · (1) At least ].00 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for each additional occupant. (2) Lavatory, bath and tofl. et facilities that provide privacy, including a door that can be locked if such facilities are separate from the room. A decent, safe, and sanitary mobile home is one whJ. ch includes the minimum requirements contained in 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 occupart, and the following'- (1) Bears the insignia of approval issued by the State of California, Department of Housing and Comm- unity Development, pursuant to the California Health and Safety Code, except, those manufactured prior to September 1, !958. 5. MOVING AND RELATED EXPENSES 5.1. El~.___~qibi lity . a. Any displaced person- (including one who conducts a business or farm operation), is eligible to receive a pay- ment for moving expensds. A person who lives on his business or farm property may be eligible for both moving and related expenses as a dwelling occupant in addition to be:ina eligible for D,~,men'ts with respect to displacemer~' ~ .... ~ .... ~~s or farm. op,~.~e~on -5- 2 <? 412 . 9 10 11 12 14 15 16 17 18' 19 2O '22 25 26 8O 81 5.2. AcEual reasonable expenses in moving. · . a. Allowable moving expenses. (1) Transportation of individuals, families, and personal property from the acquired site to the replacement site, not to exceed a distance of 50 'miles. ., (2) Packing~ and unpacking, crating and uncrating of personal property. (3) Advertising for packing, crating, and transport- a%ion when the agency determines that it is necessary. · (4) Storage of personal property for a period gen- erally not to exceed six months when the agency determines that 'storage is necessary in connection wi th relocation. · (5) Insurance premiums covering 'loss and damage of personal property' while in storage or transit. (6) Removal, reinstallation, reestablishment, in- cluding such modification'as deemed necessary by the agency of, and reconnection of utilities for, ~.~achi- nery, equipment, ap~liances~ and other items, not acquired as real Property. Prior to payment of any expenses for removal and reinstallation of such prop- erty~, the displaced person shall be required to~ agree .................. :, ~ ............... ~. ~ ~ .-~ P ........... -~ ~.~ ~-ha~ the displacing agency is released from ar~y payment for the property.' (7) Proper-ky lost., stolen, or damaged (not caused by the fault or negligence of the displaced person, his agent or employees), in the procesS of moving", where insurance to cove].- such loss or damage is not.avail- able. b. Limitations. · . (1) When the displaced person accomplishes th.e move himself, the amount of payment shall not exceed' the estimated cost of moving.commercially. · (2) When an item of personal property which is used in connection with any business or farm operation is not moved but so].d and promptly replaced, with.a com- parable i%e'm, re~.mbursement shall not exceed the replaceme'nt cost minus the proceeds received from the sale, or the estimated costs of moving', whichever is less. (3) When personal p].~operty which is used in connect- ion wi~h any busiaess or farm operation to be moved is of low ValUe ~.~dl h.~.qh bu]..k~ and the cos't of moving wou].d be di~:~p"~'opo~.'[~.'i.o;.~tte i.r~ relation to the value, i n th e j u d g ltl e Il 't o .f k h c a g e n c y r e s p on s i b ]. c f o r t h e reirabursement for. f:t~e ex!.~ense of moving 'the personal .,Droporkv~ shall_ nok oxc"r",..~_~d t~he d~ ~ fferenco be ~-~.w~:.~en t;he amount wl'~i, ch wou.!~i h~'~vo l~ecn received for such i'i:era j on iiquiu,~t..: ' " ' : 10 14 15 19 2O '22 413 .o with a comparable item available on the market. This provision will be applicable in the case of raoving junk yards, stock~iled sand, gravel, minerals, metals -and similar type items of personal property. (4) If the. cost of moving or. relocating an outdoor advertising display or displays is determined to be equal to or. in excess of the in place value of the display, consideration should be given to 'acquiring such display or displays as a part of the real prop- erty, unless such acquisition is prohibited by State law. 5.3. Nonallowable moving expenses and losses. a. Additional expenses incurred because of living in a new location. . b. Cost of moving structures or other improvements in which the displaced person reserved ownership except as othez~ise provided by law. .. c. Improvements to the replacement site, except when required by iaw. " d. Interest on loans to cover moving expenses. e. Loss of good-will. f. Loss of profits. 9- Loss of trail'~eg erapioyees. h. Personal injury. i.. Cost of preparing the application for moving and related expenses. j.. Payment for search Cost in connection with locating a replacement dwelling. 5.4. Expenses in searching for replacement business. a. A1 lowab le. (1) Actual travel costs. · (2) Extra costs for meals and lodging. (3) Time spent in searching at the rate of the dis- placed person's salary or earnings, but not to exceed. $10 per hour. b. Limitation. The total amount a displaced person may ~ be pa[.d for searching expenses may not exceed $500. 5~5. Actual direct losses by business. When the displaced. person does Dot move personal property, he sh~.ll be required to make .a boDa fide effort, to sell it,' and shall be reiI~)ursed for the reasonable costs incurred. II ti -7- .4i4 2 6 10 11 12 13 17 18 19 2O 21 .22 23 25 27 30 81 a. When the business or farm operation is discontinued, the displaced person is ~ntitled to' '_~e clJ. ffe. rence , . between the fair merket value of the personal-prop- erty for continued use a.t its ].ocation prior to dis- placement and the sale proceeds, or the estimated costs of moving 50 miles whichever is less. ° ..... ~ b. When the personal property is abandoned, 'the displacei person is entitled to payment for the fair market value of the property for continued use at its loca- tion prior to displacement or the estimated cost of moving 50 miles whichever is less. c. The cost of removal of t'he personal property shall. not be considered as an offsetting charge against other payments to the displaced person. 6. PAYMENTS IN LIEU OF MOVING AND RELATED EXPENSES .. 6.1. Dwellings -- Schedules. a. At the option of the displaced person he may receive a moving expense allowance not to exceed. $300 based on schedules establ, ished by the agency. Moving allow- ance schedules maintained by the State Highway Depart- ment should be used as the basis ·for the agency's schedules. In addition, a displaced person shall receive a dislocation allowance of ~200. b. A displaced person, who elects to receive a payment based on a schedule, shall be paid under the schedule used by the Tustin Agency regardless of where .he relocates. 6.2. Businesses - Eligibility° a. A person displaced from his business, as· defined in. Section 7260 (d) of the California Relocation Assist- ance Act, is eligible under Section 7262(c) to re- ceive a fixed' payment in lieu of moving and. related expenses. Care must be ·exercised, in each instance, however, to assure that such payments are 'made only in connection with a bona fide business. The agency responsible for the program or project causing dis- placement shall make a determination that a given' activity does, in fac't, constitute a bona fide. busi- ness, evidenced by business license and otb. er evidence of a business activit'y b.. Those businesses dc, scribed in Section 7~64(4) of the California Relocation Assistance Act are not eligib].e under Section 7~62(c) for a payment J.n ].J. eu of movin~ ........... and related e~',':,.--~n~-P. .~es. c. Where a d. isp]aco;~ ... ,. p,:.~::':.?.,or~ :.i.s ~:~"splaced fro'm his place of business, no. ~:~y~t,:~nt: s}~ali be made u.r~d~:_~r. Section 7262(c) of the Act u~t:f. 1 after the disp]_a{,ing agency determines ( ] ) 'that th~ bu~ ~ nesn -: s no" e co .......... ~ par~ of a mercia! enter'pr'i, se i'~vi, ng a'[: ].east;. o',:~e othe~''estab.-- lishment not bc~n~ a,'qu;:cc,'~ v~h]_c], ].~.~ oi~g,~ic~(3~, i n ti'lo sa]tlc or sin~iiar bt]slness, adc. i z ) that the -t')uqlncss 415 · .4 8 10 11 12 14 17 15 19 2O 21 25. 8O 31, cannot be relocated without a substantial loss of existing patronage. The determination of loss of existing patronage shall be made by the displacing agency only after consideration of all pertinent circumstances, including but not limited to, the following factors: -' (1) The type of business conducted by the dis.placed concern. (2) The nature of the clientele of the displaced concern. (3) The relative importance of the present and pro- posed location to the displaced business and the availability of a suitable replacement locatJ.on for the displaced person. 6.3. Nonprofit organizahions. Where a nonprofit organization is displaced, no payment shall be made under Section 7262(c) of the Act until after the agency determines- a. That the nonprofit organization cannot be relocated without a substantial loss of its existing patronage. The term "existing patronage" as used in connection with nonprofit organizations includes the persons, · community or c!ient%le served or affected by the activities of the nonprofit organization. b, That the nonprofit organization is not part of a commercial ~.n~er.nr~. havina at least one other establishment not being acquired which is engaged in the same or similar activity. 6.4. Net earnings. The term "average annual net earnings" as ~S~d~i~n s~'~ion 7262(c) of the Act means one-half of any net .earnings of the business or farm operation, before Federal, State., and local income taxes,, during the two taxable' years immediately preceding 'the taxable year .in which such business or farm operation moves fr'om the real property acquired for such project, or during such other period as the displacing agency 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. If a business or farm operation has no net earnings, or has suffered losses 'during the period used to compute "average annual net earnings" it may nevertheless receive the $2,500 minimum payment authorized by such Sect~on. 6.5. Amount of Business Fixed Payment. The fixed payment to /! !! I! !! tl Ii a person displaced from a farm operation or from his place ~nclud~ng nonprofit orqaniza;~ions, shall be of business, ~ ~. in an amount equal to the average annual net earnings of the business or farm operation~ except that such payment shall not be ]..ess than $2~500 nor more than $].0,000. --9-' 416 2 -4 6 10 i1 19. 14 15 17 18 19 20 21 '22 26 27 29 8O 81 7. REPLACEMENT IIOUSING PAYMENT - ) C~ POR HOMEOWNEI,o .. 7.1. Eligibility. a. A displaced owner-occupant is eligible for a rep].ace- ment housing payment, authorized by Section 17263 of :. the Act, not to exceed $15,000, if he meets both. of -. the following requirements- .(1) Actually owned and occupied the acquired dwelling from which displaced for not less than 180 days prior to the initiation of negotiations for the property. The term "initiation of negotiatJ, ons" means the day on which the acquiring agency makes the first personal contact with the property owner or his representative and furnishes him with a written o,ffer to purchase the real property. (2) Purchases and occupies a replacement dwelling, which is decent, safe, and sanitary, not later than the end of the one-year period beginning on the date on which he receives fro~0, the displacing agency the final payment of all costs of the acquired dwelling, or on the date on which he moves from the acquired dwelling, whicheve~ is the later date. .' b. A displaced owner-occupant of a dwelling wh° is deter- mined to be inelioible under this chapter may be eli.- . gible for a replaccmen ~ ho~-.-~: n~ .... ~.ayment unee·~z'~:~.unap'te 6 of the Act 7.2. Comparable replacement dwelling. For the purposes of rendering relocation assistance by. making referrals for replacement housing and for computation of the replace- ment housing payment, a comparable replacement dwelling is one which is decent, safe, and sanitary, and- a. Functionally equivalent and substantially the same as the acquired dwelling, but not excluding newly constructed housing. b. Adequate in size to meet the needs of .the displaced family or individual. However, at the option of 'the displaced person, a replacement dwelling maY exceed his needs when the replacement dwelling has th.,e same number of rooms or the equivalent square footage as the dwelling from which he was disp].aced.. .~ c. Open to all persons regardless of race, color.,.' reli- gion, or national ori~.Tin, consistent wi~'"h the · r. ].964 a~d. Tit'].e VI'''r~' ments of the Civil Rights Act o~. of the Civil Rights Ach of 1968. d. Located in an area not generally !ess desi:r~b].e than the one in which the acquire~ "' . ........ uwe!].J, nq .is ~..oc.atcd, " with respect to- ''' {1) Neiqhborhood conditions, ~ncludi. ng bu~ 'not to municipal services and other environmo~'~ta! facto'rs, (3) Pub].i.c and commor'ci.a], faci].i.t:~. '4 10 11 14 15 17 18 19 gO 21. 8O 81 7.3. 417 e · f · Reasonably accessible to the displaced person's place of employme'nt or potential place 'of employment. Within the financial means of the displaced family or individual. ge Available on the market to the displaced person. h · If housing meeting the requirements of paragraph 5..2 is not available on the market, 'the ~isplacing agency may, upon a proper finding of the need therefor,, con, sider available housing exceeding these basic criteria Computation ment housing of replacement housing payment. The replace- payment of not more than $15,000 comprises the following- Se Differential payments for replacement housing. The ~ub~iC age'h~cy may determine the amount which, if any, when added to the acquisition cost of the dwelling acquired by the displacing agency, is necessary to purchase a comparable replacement dwelling by either establishing a schedule or by using a comparative method. (1) schedule of reasona~ble acquisition cos ts for parable replacement dwellings of the various of dwellings to be acquired and available on private market. The schedule shall be based c,~rr~ne market mnmlv~i.~ ~]fficJ.ent to sliD'port · . .. Schedule method. The agency, may establish a cot[t- types the On a deter- minations of ·the amount for each type of dwelling to be acquired. When more than one public agency is causing displacement in a community or an area, the agencies concerned shall coordinate the estab- lishment of the schedule for replacement housing payments. (2)' Comparative method. The agency may determine - , the pr.ice of a comparable replacement dwelling by selecting a dwelling or dwellings most representative of the dwelling unit acquired, available to the dis- placed person, and which meets the definition of comparable replacement dwelling. A single dwelling shall be used only when additional ccmparable dwell- ings are not available.. . (3) Alternate method.. The displacing agency may develop criteria for computing replacement housing payments when neither .the schedule method nor the comparative method is feasible. (4) Limitations. fere~t.~-- payment the upper limit of The amount established as the dif- for the rep!aceme~t housing sets th is payment. (a) If the displaced person voluntarily and occupies a decent, safe, and. sanitary at a price less than. the above, the comparable placement housinq payment will be reduced to that amount required to pay the difference between ti~e acquisit3~on price o~ ti~e acq~'a~:r'ed dwelling ar,~.~ ¢,ctual purcl'~=,u price 0~7 'l',? r~[,~--cen'i('.r~' " .... ' '-' .... ~ ..... ~, t.,~. ~.~ , '418 . 4 8 9 10 11 12 18 14 15 16 '18 19 20 21 22 .28 26 .29 8O 81 II !I II (b) If the displaced person voluntarily purc]~ases and occupies a decent, safe, and san.i'tary dwel].ing at'a .prJ..cc3 ].ess than the acquisition price of the acquired dwelling~ no diff_erential payment shall be made. b. In'herest payment. Th~.. public agen~v~ sba]ii_ determine the amount, if any, necessary to compensate, a dis- . , placed person for .any increased interest costs, in- cluding points paid by the purclnaser. Such amount shall be paid only if the acquired dwe ].ling.' was en- cumbered by a bona fide mortgage. The following shall be considered- (1) The payment shall be equal to the excess in 'the aggregate interest and other debt service costs of that amount of the 'principal of-the mor-Egage on the replacement dwelling which is equal to the unpaid balance of-[:he bona fide mortc~age on the acquired dwelling, at the time of acqu_[sition, over the remainder term of the mortgage on the acquired dwell- ing, reduced to discounted present value. (2) The discount rate shall be the prevailing interest rate paid on savings deposits by commercial.banks in the general area in which the replacement dwelling is located. .. (3) A "bona fide mortgage" is one which has a valid lien on the acquired dwelling for not less than 180 days prior to the initiation o~. negotiations. - c. Incidental expenses. (1) The public agency shall determine the amount, if any, necessary to reimburse a displaced person for actual costs incurred by him incident to the purchase of the' replacement dwelling (but not '.in-. cluding prepaid expenses) such as'. (a) Legal, closing and related costs including title search, preparing conveyance instruments, notary fees, surveys, preparing plats, and charges incident [:o recordation. '" (b) .Lenders' FHA or VA, appraisal '~ees (c) FHA application fee. (d) Cert%ifJ. cat'ion of structural soundnesS, when required by lender; FHA or VA. (e) Credit repcr-t. (f) Title polJ. cies or ~stracts of %i~].e. (g) Escrow agent's fee. .~: .. (h) State r'e~enue s-kamps or sale c.,:t: +ransfe taxes. -12- 8 9 14 18 19 419 (2). No fee, cost, charge, or expense .is rei~'~u£sabie which is determined to be a part of the finance charge under the Truth in Lending Act, Title I, Public Law 90-32]., and Regulation "Z" (12 CFR Part 226) issued pursuant thereto by the Board of Governors of the Federal Reserve System. Loan service fee (not to exceed 1%) and origination or discount points are an eligible expense if such fees are normal to real estate transactions in the area. MOBILE HOMES 7.4. Acquisition of Mobile Homes. The public agency may pur- chase mobile-'h°mes where - - (1) The structural condition of the mobile home is such that it cannot be .moved without substantial damage or unreasonable cost; or (2) The mobile home is not considered ~o be a decent, safe, and sanitary dwelling unit as 'defined in Section 2.1(d) of this Article. 7.5' Partial acquisition of Mobile Home Park. Where the pub- lic agency determines that a suffi~i'en~~ portion of a mobile home park is taken to justify the operator of such Dark to move his business or go out of business the owners -- and occupants of the m~bile home dwellings not within the actual taking but who are forced to move shall be eligible to receive the same payments as though their dwellings were within the actual taking. · 7.6. Mobile Homes as Replacement Dwellings. A mobile home ma---~-be considered a replacement dwelling provided' (1) The mobile home meets standards of decent, safe and sanitary housing; (2) The mobile home is placed in a fixed location- (a) In a mobile home park which is licensed and operating under State law; or (b) In a mobile home subdivision wherein the dis- placed person owns the lot on which the mobile. home is placed; or -- (c) On real property owned or leased by the dis- placed person in other than a mobile home subdiv- ision, provided such placement is in accordance with State and local laws or ordinances and pro-. vided such placement was made under permit from the State or local agency. 7.7. Computation on Next Highest Type. When a comparable mobile home is not available it will. be necessary to cal- culate the replacement housing payment on the basis of the next highest type. of dwelling that is avai].ab!e and meets the aDpli cab ].e requirements and standard~ i e .. '- ~) ~ · · ~ a higher type mobile home or a conventional, dwelling. // -13- ';Jll ii I . .I [[ . I'[ ................. I .I .......... ~ ......... I,._ ~1_ III ~Jl_l . I.I..,_I..I_L... IIL._I.,I Ill ._J.l,_l ........ i ....... J ............. [ ,I .... · ........ ] .......... L..J. ........ 420 2 10 1! 12 18 14 16 16 17 18 19 2O 21 22 '28 25 26 29 (1) "Not available" .as used in this subsection J.n- cludes, but is not limited to, 'those cases where mobile homes cannot b.~ re],oca~:ed :in mobile parks within a reasonable distance from the place of dislocation because of lack. off available spaces or because of the standards and rules of the mobile home parks where spaces are available. .. :. 7.8. General Provisions., The genera], provis.ions ~'or.~,~oving I expenses and replacement housing pay],nents of this Artic].e are also applicable to owners and tenants of mobile homes. 7.9. Moving Expenses for Mobile Homes. a. General. The eligibility requirements of Section 3 and the provisions of Sections 5 and 6 are applicable to owners and occupants displaced fro~.l a mobile home. · 8. REPLACEMENT HOUSING PAYMENTS FOR TENANTS AND CERTAIN OTHERS 8.1. Eligibility. a. A displaced tenant or owner-occupant of a dwelling for less than 180 days is eligible for a replacement housinc payment not to exceed $4,000, as authorized by Section 7264 of 'the Act, if he meets bott.~ of the following requirements: (1) Actually occupied the al.welling for not less than acquisition of the property. The term "init'iat~.on of negotiations" means the day on which the public agency makes the first personal contact with the prop-. e'rty owner or his representative and furnishes him with a written offer to purchase the real property,, Agencies regulations should provide the tenants and Other persons occupying the property shall be advised when negotiations for the property are initJ, ated with the owner thereof. (2) Is not eligible to receive a payment 'under Section '7263. b. An owner-occupant of a dwelling for not less. %hah 180 days prior to the initiation of"negotiat~.onS J..s eli-. gible for a replacement housing payment as a 'henant, as authorized by Section 7264 of the Act, when he rents a decent, safe and sanitary replacemen, t dwelling instead, of pur. chasing and occupying a replacement dwelling, which is decent, safe and sanitary not later · than the end of the one-year period beginning on the date on which he receives from the displacJ, n.g agency final .payment for all costs for tl~e acq'%].ired dwell~.ng ........ or on the date on which he moves from the acquired dwelling, whichever is the later date ..... 8.2. Computation 0f replacement housing payn,enu::~[:~?~ tenants. A dlsp].aced tenant ]...~ {..~xgxs.~.e t'or a. r(.:~nt.a]_ 'rep].acement housing pay~nent, not ~-o_ excee{]..~. shall be determined by subtractJ, ng from ~:l'~c..~:~n'~our~'. which the tenant actually pays zor a r~placcment .. 4 l0 ll 14 l? 18. 19 2O .' 23 .25. 26 29 8O // 421 if lesser, the amount determined by the State as necessary to rent a comparable (]welling; or if he purchases rePlace- , ment housing within one year from displacement, he is eligible for a down pay]nent including expenses incidental· to closing not to exceed $4,000~ a. Rental replacement housing payment. The public agency concerned may determine the amount necessary to rent a comparable .replacement dwelling by either establishing a schedule or by using a comparative method. (1) Schedule method. ~he agency may establish a rental schedule for renting comparable replacement dwellings as described in paragraph 7.2 and which are available in the private market for the various types of dwellings to be acquired. The payment shall be computed by determining the amount necessary to rent a comparable replacement dwelling for four years (the average monthly cost from the schedule) and subtracting from such amount' forty-eight times the average month's rent paid by the displaced tenant in the last three months prior to initiation of nego- tiation if such rent was reasonable. Agency regula- tions may prescribe the circumstances which may dictate the use of economic, rather than actual rent paid by the displaced tenant. For purposes of ~hese Guide- lines, economic rent is defined as the amount of rent the displaced tenant would have had to pay for a comparable dwell, lng unit in an area similar to the neig]~bu£-i~oud i~ ,,¥-1~i~, th~ ~.weilin9 u:~.-u to~e ~cquire= is located. 'The schedule should be based on current analysis of the market to determine the amount of each type of dwelling required. When more than one public agency is causing the displacement in a community or an area, ~he agencies shall 'cooperate in choosing the method for computing the replacement housing payment and shall use uniform schedules of average rental housing in the community or area. (2) C~omp. arative method. The agency may determine that. average month's rent by selecting one or more dwellings most representative of the dwelling unit acquired, which is available to the displaced person and meets the definition of a comparable replacement dwelling. as described in paragraph 5.2. The payment 'should be computed by determining the amount necessary to rent a comparable replacement dwelling for four years and subtracting from such amount forty-eight times the average month's rent paid by the displaced tenant in the last three months prior to initiation of nego- · tiations, if such rent was reasonable. 'Agency regula- tions may prescribe circumstances which may dictate the use of economic rather than actual rent paid by the displaced tenant. (3) Exceptions. ']:.{e head agency may establish the · . average montt],s rent paid by t~e displaced person by using more than three months, if he deems it advisable. If rent is being paid to the displacing agency, econ- omic rent s}]all be used in det.ermin~.ng the amount of the payment to which the displaced tenant is entitled. -15- 422 9 10 11 14 15 17 18 19 21 SO 81 sz II (4) Alternate to (1)' and (2) above. When neither meth~¥e~a-'sibie-~--~.~-~bi-ic agency shall, develop criteria for computing the payment. · . (5) Disburse'ment of rental replacemen~.2h_ous___~i_n_9~'__~p.~.!me__n_t_x! The P~b--~'li~-'--~geh~y--~sh0~¢f~i&-~eiop ur0cedures to imple- ment Section 7264 of the Act to provide within the . $4,000 and four-year limitations of such section, a -.. rental replacement housing payment that will enable the disp!acee 'to rent comparable decent, safe and sanitary housing. The public agency should' develop Criteria for a determination as to the manner of dis- bursement, that is, lump sum payment, and/or annual installments, or monthly payments. ... b'. Purchases- replacement housing payment. If the tena.nt elects to purchase instead of renting, the payment shall, be cOmputed by determining the amount necessary to enable him to make a down payment .and to' cover incidental expenses on the purchase of replacement housing, as follows: .. (1) The down payment shall be the amount necessary to make a down. payment on a comparable replacement dwelling.. Determination of the amount necessary for such down payment shall be based on the amount of down payment that would be required for Purchase of the dwelling using a .conventional loan. (2) Inc- ~',"-'.--~-.~ · .".'$.zpcr:scs .--'cf .='~ -'~ ng -c~'~c tra~'~Saction 'are those as described in paragraph 7.3.c. ~' (3) The maximum payment may not exceed $4~000, except that. if more. than $2,000 is required, the tenant must match any amount in excess of $2,000 by an equal amount in making the down payment. (4) .The full. amount of the replacement housing pay- ment must be applied to the purchase price and in- cidental costs shown on the closing statement. 8.3. Computation of replacement housing paymen_t~ _f_or certain others. a. A displaced, owner, occupant who does not qualify for a replacement housing payment under Chapter' 7 because of the 180-day occupancy requireme~.~t and elects to rent is eligible for a rental replacement housing payment not to exceed $4,000. The payment will be computed J.n the same manner as shown in paragraph 8' 2'a except that the present rental, rate · for the acquired dwelling shall be economic, rent as determined by market data. '. b. A displaced oWner-occupant wh° does not qualify for a replacement housing payment under Chapter 5 because of ~ ~'~ ~ ' ......... ~ ~ C n OC . ' - ...,..~a]/ cupancy requ:Lrement and . elects to purchasa a ~epla ..... ,~ ~'.' - ......... ,~nt dwallin~ is eli gib].e for a '~rep(lacement housJ, ng down paymant and closing costs not to exceed $4,000. The payment will be computad :[n the sama m~nner as s!.row, n in _ ~ .. ,. ... 423 4 10 I1 18 14 i6 17 18 19 2O .23 31 "9.2. 9.3. // 9. RELOCATION ASSISTANCE ADVISORY.SERVICES ., Relocation assistant? advisory::_ : : _.prog'ram~~: _ ...... Under Section 72'~'1-6f--the ACt--the public agency shall provide a reloca- tion assistance advisory program for persons displaced as a result of programs or projects. Such relocation assistance advisory program shall include such measures, facilities, or services as may be necessary or appropri- ate .to perform all of the tasks detailed in Section 7261(c) of the Act. Coordination of planned relocation activities. Se Coordination. When two or more public agencies con- ~emPla-te ~Tsplacement activities in given comznunity or area, the respective agencies responsible for the planned activities shall require that appropriate channels of communication be established between the agencies for the purpose of planning relocation activ- ities and coordinating available housing resources. The public agencies causing displacement shall desig- nate at least one representative who will meet peri- odically with the ~epresentatives of other Federal, State and local agencies to review the impact of their respective programs on the community or area. b, nation of relocation activities in a given community or area, the public agency shall consult appropriate local officials before approving any proposed project in th'e community, consistent with the requirements of the procedures promulgated by the Office of Management and Budget Circular A-95 (Revised). That Circular provides a central point of identifying local officials. coordJ.-~' Contracting for relocation services. a® Contracting with central relocation agency. The ~isplacing agency contemplating initiation of dis- placement activities shall consider contracti.ng wi. th the central relocation agency in a community or area for the purpose of carrying out _i'ts relocation activ- itie's o be Contracting with others. When a centralized reloca- %-ion agency is not available 'in a community or if in the judgment of the displacing agency the centralized agency does not have the capacity to provide the nec- essary services, within the time required by the agency's program, the displaci..ng agency may contract with another public agency or a private contractor who can provide 'the necessary relocation services. 10. GRIEVANCE PROCEDURE Federa].....~oarti. c:ipation exemption. When the agency has an approved and '~do'i:)tod grieva~]ce procedure policy mandated Dy a i"eo. ez'ai a~iaricy i~ orde~ to r'cc(~ive Fcd~.tcii participat, ion~ tlien, that policy may be used in lieu of this Section. - i 7- 4 424 10 I1 lfi 18 14 15 16 18 1'9' fi0 21 26 fi? 81 10.1. Right of Review. Any person aggrieved by a determination as to eligibi].ity for, or the amount of, a payment, under the regulations in 'this part, may have his claim reviewed and rcconsidere~ by the agency in accordance with ~he procedures set forth in this Section as supplemented by such. procedures ~s the agency shall have established 'for such review and reconsideration. Any person or class of persons may seek'review and revision of any schedule with respect 'to payments Under the regulations in this ~part. 10.2. Notification to claimant.. If the agency denies' the eli-- gibility of a c].aimant for a payment or disapproves the full amount claimed or ~efuses to consider the claim on its mqrits because of untimely filing or any other ground, the agency's notification to the claimant of its determi- nation shall inform the claimant of its reasons therefor and shall also inform the claimant of the applicab!¢ pro- cedures for obtaining review of this determination. 10. 3. Request for review. a. General. Any person who has a right-to seek review may request the agency to provide him with a full written explanation of its determination and the· basis therefor if he feels that the explanation accompanying the payment of his claim, or notice of the agency's determination was i,ncorrect or inadequate. The agency shall provide such an explanation to the claimant within 15 'days of its receipt of claimant's req~]est~ b. Time .]..J m.J.f_s for. f~, !j. ng wrif, ten request for review, , (1) A claimant desiring review and reconsideration of the agency's determination shall file a written request for review with the agency either (a) within six months of the agency's notification to the claim- ant of its determination or (b) prior to final close- out of the project which caused the displacemen~' whichever is earlier, but in no 'event less than 30 days following the agency's notification to. the claimant of its determination. c. The written request for review. The claimant may include in his request for review any statement of fact' within his knowledge or belief, or other material which he feels has a bearin9 on his appeal.' If the claimant requests more time to ggther and prepare additional material for consideration or review and demonstrates a' reasonable basis therefor, he may be granted 30 days from the date of his request, for review. If'the claimant feels he is unable'to, prepare the written, c~aim, .'the agency shall offer to provide . assistance, to the claimant and furt'her notify.: the cla~,mant of other.available sources of assistanc, e, ~ .... ~ ~ ....... ~. Oral pr~ .... 'hatJ~on Upon. request of the c.la~man. ~ the agency ~bal! afford him an opportunir, y t0.:.make oral p~:-esen~:'~-~'ti, rf,,~. The claimant may be represented by an attorney or. oizher pex~so~ of his c]]oosing.. ThJ. s -'-~" '- h 1]. enable the c!aima~'~*' ~o discuss oral present .... ~_zon s a ' . .... his c].aJ.m wi'tit t:he agency, The agency shall make a ~,..~ ~cics d.i. scu,.~scd in the oral ti. On and it shal~ bo included as part of its .file, 10 14 18 19 2O 21 81 42.5 10.4. Pub_i~i__c _agency.' _.r_.eview- , a. General. The agency shall consider the request for review and shall make a determination as to whether a modification is necessary. The public agency shall consider every complaint regardless of form. b. Scope of review. The agency shall review and recon- sider its iL~-itlal determination of the claimant's case in light of- (1) All material upon which the agency based its ori- ginal determination including all applicable rules and regulations; '~ (2i The reasons given by the claimant for requesting ~eview and reconsideration of his claim; '(3)' Whatever additional written material has been submitted by the claimant; and (4) Any .further information which the agency may, in its discretion, obtain by request, investigation, or research, to insure fair and full review of the claim. c. Determination on review by public agency. The final de'~rm~nation on review by the agency shall include, but is not limited to- (1) The agency's decision on reconsideration of the claim; (2) The factual and legal basis upon which its deci- sion is based, including any pertinent explanation or rationale. d. Time limits. (1) The agency shall issue its determina, tion of review within 30 days from receipt of the last material sub- mitted for consideration by the claimant. (2) In the case of complaints dismissed for untimeli- ness or for any o'ther reason not based on the merits of the claim, the agency shall issue a statement as to why the complaint was dismissed to the claimant. '10.5. Recommendations by third party, Upon agreement between the claimant and the agency, a mutually acceptable third party or parties may review the claim and make advisory ~re'commendations thereon to the agency for its final determination. In reviewing the claim and making recom- mendations to the agency, the third party or parties should be guided by the provisions of the requirements of these sections. 10.6. Rev~.ew of fi].es by claimant. Except for confidential material, and except to the ex%ent specifically prohibited by law, the agency shall permit the claimant to inspect all files and records bearing upon ]]is claim or the prose-. c,~.~..~ ~c. I~ ~j~v~,~ q~}~e aa~n~.~, may, howov~?r ~mr.~ose i reasonable conditions on the claimant's right ~o inspect. -19- 426 · $ 9 10 1! 12 18 14 15 17 18 19 9.0 21 26' 8O 31 10.7, Effect of determination on other persons. The Principles establ'ished in all deter.mina~J, ons by.. the agency ~'shali be applied to all similar cases regardless of whether or not a person has filed a writ*3en request for review. .. 10.8. Construction'of rules and regulatio.n_~s.' This section and. _~. ~11 applicable rules and regulations on which the agency determinations are based, shall be libera].ly construed, sc as to fulfill the statutory purpose as declared in the Act of "fair and equitable treatment" in order that dis- placed persons "not suffer disproportionate injuries as a result of programs designed for the benefit of the pub- . lic as a whole". 10.9. Right to counsel. Any aggrieved party has a right to rep- resentation by legal or other counsel at hJ.s own exPense at any .and all stages of the proceedings set f'orth in these sections. , 10.10. Judicial review. Nothing in this section shall'in any ~ay prec~i~-de 0~ limit a claimant from seeking judicial review or receiving a fair and inpartial consideration of his claim on its merits upon exhaustion of such. admin- istrative remedies as are available to him under this section. 11. UNIFORM REAL, PROPERTY ACQUISITION POLICY 11.1. Acquisition procedures. . . a. dUst con~oe~'~sation ~ec~io~'~ ~' ~ ~' ~ ' '- ~,. . - ,..~, ..~ of the Act..?..ustab- lishes the policy that, before initiat~.oh Of negoti- ations for the acquisition of real property, 'the public entity concerned shall establish an. amount which it believes to be just compensation therefor. In no event shall such amount be less than the agency's approved appraisal of the fair market value of the property. b. Incidental expenses incurred by displaced owner selling to acqui'ring public agency. Compensation for real property shall include recording fees, transfer taxes and prepayment penalties on existing 'liens and other similar expenses incidental', to con- veying such rea]. property to the acquiring agency. c. Initiation of neg'oi:iations. (1) S~.atement %o be f~rnished owner. When negotia- tions for tt~e acqu~..s'--i-{~_on of real property .are ini- tiated, 'the owner', shall be provided with a written statement concerning the proposed acquisition. This statement' shall include, as a' minimum, the f¢ilowing' (a) Identification of the real property and the estate o:.: in ter(~st therein to be acquired in- cluding ~.:."~-~. bui.t.d~.[ngs, structures, and.""o.ther .. improvcn~"~' I'?. ,':~n 'r..?~:'~. !and~ as well as t. kie fixtures considered't.o be a' part of the real property~ and .. (b) Thc amount, of the es'timated j us t compensat ion for t~-t,-', ~ p'~p~,,'~t,,~., ...... ., ~..~ be ar:quir,.qd~ as rich'.ermined by . ., 4 9 11 18 14 18 19 9.0 21 24 28 8O 81 1i.2. 11.3. 12.1. 12 '2. 12.3. ]~2.4. 12.5. 427 there'for. damages, shall be In the case of a partial taking, i'f any, to the remaining real property separately stated. (2) Offer to purchase. The public entity shall a prompt offer to purchase the property for the amount contained in the statement. make Appraisal standards. For the purpose of promoting uni- formity under Section 7267.2 of 'the Act, the public entiky shall establish, for all programs under its juris- diction, standards for appraisals used in such programs, criteria for determining the qualifications of appraisers, and a system of review by qualified appraisers. " Notice to move. Section 726 7.3 of the. Act provides that, to -~h~~~ak~st extent practicable, no person lawfully occupying real property shall be required to move from a dwelling or to' move his business or farm operation without at least 90 days written notice from the displacing agency of the date by which such move is required. 12 . DEFINITIONS Act. The State Relocation Assistance Law, AB Chapter 16, Sections 7260 et. seq., California ment Code. Agenc_y. The City as created herein. 533, Govern- of Tustin Relocation Assiskance Agency, Affected property. Affected property means any real property which actually declines in fair market value because of acquisition by a public antity for public use of other real property and a change in the use of the real property acquired by the public entity. A__verage business local income tax, during the two preceding displacement (or if th not operated that long, such oth approved by the agency), and inc other compensation paid by the b to the owner, his spouse or his determines that such two year pe es tablishing earnings, the perio average net earnings shall be a mi. ned by the agency. In the cas earnings shall include any compe spouse or dependents of in the corporation. For ownership, stock held by dependent children shall annual net earnings. The net earnings of the or farm operation before ]?ederal, State, and taxable years immediately e business or farm was er period as may be ludes salaries, wages, or us. iness or farm operation dependents. If the agency riod is not'·equitable for d used for determining substitute period deter- e of a corporate owner, nsation paid to the the owner of a majority interest the purpose of determining ~.mj.ori~f a husband, his wife and their be treated as one unit. Business. conducted Any law ful primarily: activity, except a farm operation a ~ For the purchase. , sale, lea. se~ and rental of ~.,,,~ ~,..a. prc~l~crt5 , ...................... . ............. or marketing of products, commod.i, ties or any personal property; po .rs on a 1 ..! ~ other t , .- 428 · ' 2 4 '10 11 12 18 14 15 16 '17 18 : 19 2O 21 '22 23 25 27 29 30 b. For the sale of Services to the Public;' c. By a nonprofit, organization; oz' '~ .. d. Solely for 'the purpose of Section 7262 of. the Act fo.~'--q assisting in the purchase, sale, resale, manufact'ure, processing cr 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.. 12.6. Closing (Replacement Housing Payments). Those payments to owner-occupants relating to the closing costs on the purchase of a replacement dwelling including costs.of evidence of title, recording fees, etc., 'but not including prepaid expenses. 12.7. Comparable replacement dwelling. For.. the. purposes of. rendering relocation assistance by making referrals for replacement housing and for computation of the replace- ment housing payment, a comparable replacement dwelling is one which J.s decent, safe, and sanitary and- · .. a. Functionally equivalent and substantially the same as the acquired dwelling, but not excluding, newly constructed housing. " I .b. Adequate ~n size to meet the needs of the d.~'s.placed --. .. . .. ~.~.Vld~d~. ~ ~ ~ ~, ~. ~~iII, ,~ ,~,~ ...... ~;eV~, , ~ ~ , o~,,~i '.n ...... of ~ i ~isp~aaed person, a replacement dwelling may exceed j his needs when the replaoement dwelling t~as~.the same t ~u~er Of. rooms or the equivalent square footage as · the d~el~i~g from whiah he was disP~aaed. ,, c. Open to all persons regard].ess of race, co lor~, reli- gion, or national origin; consistent with the require- ments of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968. d. Located in an area not generally less desirable than the one 'in which the acquired dwe].ling is leca'ted, .,. wi th respect 'to: ' ,. . ,. (1) NeJ. ghbort~ood conditions, including but ~ot. limited to municipal services' 'and other environmenta. 1 factors. (2) Public utilities, and . (3) public' and commercial facilities. e. Reasonab].y accessible to the displaced person's pi. ace of employme.,~'h or po%ential place of employment. .. f. Within th.e financ:t, al means of the displaced.'" family or indiv~,.~.~a]. " · . , .. .. g. 'Available 0n'the market to the displaced person. · h. I.f housing .............. m~',e-~-i,ng., tJ'.~e, requ:.iremer~ts, of is not avaiiab].e on the n'~ark,'ct, the i'~ead of':".a"dis-- . ..... piac~.n~l · ag,..~t,c~ may, upo~ a proper therefor, con~,';idOr availabl, e ttousing exco(~ding tl~ese basic crite:u.i.a"' ' - 2:2- 9 14 16 18 19 20 · ":23 26 8.1 429 ].2.8. "Condominium". "Condominium" means a combination of. co- ownership and ownership in severalty. It is an arrange-' ment under which a i'ami!y or individual in a housing development ho].ds full title to a one-family dwelling unit, including an undivided interest in common areas'' and facilities, and such restricted common areas and facilities, and such restricted common areas and facil- ities as may be designated. 12.9. Conventional Loan. "Conventional Loan" means a mortgage commonly gJ..ven by banks and 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. 12.10. CoUnted Room. "Counted Room" means that space in .a dwell- ing unit containing the usual quantity of household furni- ture, equipment and personal library, study, dining room, kitchen, laundry room, basement, bedroom, 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, o. · 12.11. Date of Initiation of Negotiations for Parcel. This ~ phrase means the day on which the ~Public agency makes the first personal contact with the property owner or his representative and furnishes him with a written offer to purchase the real property. 12.12. Date of Initiation of Negotiations for the Project. This ph-rase~ means the date the public agency makes the first ..... personal~ contact wi th the owner-of' any ~ropert¥'on the project or his representative where price is discussed except where such contact is made solely for protective buying or because of hardship. 12.13. Date of Intent to Acquire. "Intent to acquire" means the public acknowledgment by the public entity of their inten- tion and/or plan to obtain specified parcels f~r a speci- fic purpose (project). "Date of Intent to Acquire" means the date On which the public agency sends through certified mail to or makes personal contact with· the owner of each parcel or adver- tises in 'a local paper of general circulation that a specific project is intended to be 'developed and speci- fied parcels therein are intended to be acquired. Upon the date of intent to acquire, parcels may be acquired through hardship. 12.14. Displaced person. "Displaced Person" means any person who moves from real property or who moves his personal property from real property, as a result of the acquisi- tion of such real property, in whole or in part', or as the result of a written order from a public entity to " vacate the real property, for public use. 12.15. Dwelling. A single-family building, a single-family ~i~t--~(including a nonh©usckeeping unit}~ in a two-family or multifamily buildJ, ng, a unit of a condominium or coop- erative housing project, a mobile home, or other residen- tial unit. -23- _ ' '_3 ......... L_ I.II._111. ' k ·430 · ! . 9 '10 11 .. 12 18 14 15 17 18 2O 21 22 25 26 27 8O 81 82. 12.16. EcOnomic Rent. The amount of gross rent the displaced tenant would.have ,had to pay for a similar unit '[n an .area not gene'rally less desirable-than the dwelling unit to be acquired. (Gross rent is contract rent, plus cost of utilities to tenant t over and above contract .rent.) 12.17. Effective Rate of Interest. "Effective rate of interest':, means the annual percentage rate paid on the deb.t 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 o.~ credit, when such debt service charges are normal, to the market. 12.18. Eligible Perso'n. "Eligible person" means any di.splaced person who is, or becomes, lawfully entitled to any relo- cation payment under these regulations~ " 12.19. Family. The term "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 dwelling with no identifiable head of household, they shall be treated as one family for replacement housing paym..ent purposes. 12.20. Farm Operation. "Farm ~operation" means any activity conducted solely or primarily for the production of one or more agricultural products or conzmodities, including time, for sale or 'home use and customarily producing ...such products o~ c'~'~'~di~'-~ ..... ~,u,,~ .~s i ..... ~ ~i~'~~ _cn'h c'~an~-~" ~',~. +'~'~ be capable o~ contributing materially to the ope:~rator"s support. ~ 12.'21' Federal Project. "Federal project" means any direct Federal project or any project receiving Federal finan- cial assistance. 12.22. Hardship. "Hardship" means the acquisition of real property by a public entity for a public use prior to the date of initiation of negotiations for the proje·ct. 12.23. Incidental Expenses. .Reasonable expenses incurred for : evidence of title, recording., fees, and other closing .: 'costs on the purchase of a r.eplacement dwelling.. 12.24. Gross Income ': Projected annual J. ncome from ali. sources of each member of the family residing in the ho'c~sehold who is at least eighteen years of age. a. Adjusted-Gross Income.. .;. ' (1) A.deduction of 5% of Gross Income, except that the deduction shall be 10% in the case of a 'family whose head or spouse is elderly; , (2) A deduction for e×traordinary me, dj_cai expenses where.not com. pensated for or covered by insurar, ce, defined .for this purpose to mean medical, expense in excess of 3% of Gross Income; ,. (3) A deduction of ~moun'[:s for u~usual occu[~ai:ionai 'm 10 14 2O 21 8O 431 as special tools and equipment, but only to the extent by which suCh expenses exceed normal and usual ex- penses incidental to employment; (4) A deduction of amounts paid by the family for the care of children or sick or incapacitated family "members when determined .to be necessary to employment of the head or spouse, provided the amount deducted does not exceed the amount of income received by th.e family member thus released; (5) An exemption of $300 for each dependent, i.e., each minor (other than the head or spouse) and for each adult (other than the head or spouse) dependent upon the family for support; · (6) Any nonrecurring income, or in6ome of full- time students. 12.25,. Mobile home. "Mobile home" means a ~ehicle, other than ~ m0t~r-V~hicle, designed or used for human' habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle. 12.2.6. Monthly Gross Income. ,"Monthly Gross Income" means the -tOtal monthly income of a family or individual J. rrespec- tive of expenses and voluntary or involuntary deductions and includes, but is not limited to salaries, wages~ tips, co~.unissions, rents, royalties, dividends, ....... profits, pensions, and annuities. · '" 12.27. Mortgage. "Mortgage" means such classes of'.liens as are commonly given to secure advances on, or .the unpaid pur- chase price of, real property, together with the credit instruments, if any, secured thereby. 12.28. Moving Expense.. "Moving expense" means the cost of dis- mantling, discon'necting, crating, loading, insuring, 'temporar.y storage, transporting, unloading and reins tall- ing of personal property, including service charges in connection with effecting such reinstal, lations, and necessary temporary lodging and transportation of eligible persons. Moving expense shall not includ, e- a. Any addition, improvement, altera.tion or other physical change in or to any structure in connect- ion with effecting removal of personal property from, or reinstallation in such structure; b. The cost of construction or improvement at the new · location to replace property for which compensation was paid in the acquisition; c. Any loss of, or damage to, personal property caused by the fault or negligence of the displaced person, his agent, or employee in the process of where insurance to cover such loss or damage is or was available; d. Any payment for moving personal property where such property is purchased as Dart of the ac~uisition- e. Additional expenses incurred because of living a new location; -25- _ I ............... I ...... I It.._l_lll .... i_.L_i i.L _J.l.I ..... I Iii . It. I , , I 432 4 10 11 12 18 14 15 18 19 2O 22. 9.5 8O 81 12.29. 12.30. 12.31. 12.32. f. moving structures, improvements or other reserved Cost of real property ownership'; g. Improvements h. in. which the. displaced · to the replacement .site; person Interest on loans to cover moving expenses; i. Loss of goodwill; j. Loss of business or profits; k. Loss of trained employees; 1. Personal injury; m. Cost of' preparing the application for moving and related expenses; , n. Modification of personal property to-adapt it to .replacement site. ~- Nonprofit Organization. "Nonprofit Organization'' means a corporation, partnership, individual or other public or private entity, engaged in a business, professional or instructional, activity cn' a non-profit basis~ neces- sitating fixtures, equipment, stock in grade, or other tangible property for the carrying on of the business, profession or institutional activity on the premises. C~ner. A person "ow~ a dweiii~Q" if 'h~- · ..... a · b · c · Holds fee title, a life estate, a 99-year leas.e, 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. ' Is the contract purchaser of any of the foregoing estates or interests. d. Has a leasehold interest wi'th an .option. to ..purchase ; · or '~ e · Owns a mobile unit which under St'ate' law is deter- mined to .be real property, not personal property. Also, %he tenure of ownership, not occupancy, of' the succeeding owner shall include the tenure of the pre- ce. ding owner .... Person. Person. means any ind~_vidual, r~a'rt~-:',r.'~hip~ ...... .~ .~_., . , corporation, or association. Personal Property. property which J.s to be vacated by a ered personal property and is noncompensabie for moving expenses) unde'r the State law of do;nain, and · (Tang'~ ble.~. Persona]. Proper'tv)...~ , "~--:-.~ ~,,,gib .,..=, si'tua~'ed~ on the.real. ~}rop~r"~v..~.. ~..~ vacated or displaced person and which is consid .... (other than e m i ~. e n t 4 . l0 13 14 18 19 21' 433 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.. 12.33. Prepaid Expenses. "Prepaid expenses" means items paid ~n 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' aSsoci- ation dues and assessment payments. 12'.34. Protective Buying. "Protective buying" 'means the acqui- ~itlon of real property by a public entity for a public use prior to the date of initiation of negotiations for the project. ' .. 26' 2'/ 8O 1'2o35. Public Entity. "Public Entity" includes the State, the Regents of the University of California,~ a county, ] public agency, and any other political subdiVision or public corporation in' the State when acquiring real property, or any interest therein, in any city or county for public use. 12.36. Public Use. "Public use" means a use for which real. property may be acquired by eminent domain. 12.37. Purchases (re Replacement Housing) . a. The acquisition, construction or rehabilitation of a dwelling, the purchase and rehabilitation of a sub- standard dwelling', 'the relocation or relocation and rehabilitation of an existing dwelling, or the enter- ing into a contract to purchase, .or for the construc- tion 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 acquires for such purpose. Where completion of construction, rehabili- tation, 6r relocation of a replacement dwelling is . delayed, for reasons beyond con-trol of the displaced person, beyond the date by which occupancy is required under this paragraph; b. The public entity ]nay determine the date of occupancy t° be the date the displaced person enters into a contract fo}.? such construction: rchabilitation, or relocation or for the purchase upon completion, of a dwelling to be constructed or rehabilitated if, in fact, th.~~. d.]np].aced person occupies the replacement dwcllJ.]]g when the construction or rehabilitation 1 s com?±c'. Led. -27- · '"[ll~"lll[[[li' [1" [ fi[ [I i _1 _.'1"" · . .. ........ i I..l!. j_l _ .i ! .... Ill! ......................... I _.l . . I ' . 'Iii I I II I[ II 434 4 10 16 18 21 '22 Mobile homes must be registered with Department of Motor Vehicles in the claimant. · the ~al~ fornia name of the · 12.38. 12.39. Relocatee. "Relocatee" means any person who meets the deflhiti0n of a displaced person. Stated Mortgage Interest Rate. "Stated Mortgage Interest Rate" means the' annual percentage rate to be paid or the debt of a mortgage' as set forth in the mortgage or other credit instrument. PASSED AND ADOPTED at a regular meeting of Council, City of Tustin, California, held on the · . 6th day of May, 1974 the City 6th' Joseph B. Langley, M~y0r ATTEST: Ci ~rk ........ ~ -28- 435 STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS' CITY OF TUSTIN ) RUTH Ci. POE, City' Clerk and ex-officio Clerk of the City Council of the City of-Tustin, California~ does hereby certify that the whole number of the members of the City Council of the City of Tustin is f~..ve; that the above and foregoing Resolution No. 7~-32 was duly and regularly 'introduced, read, passed and adopted at a regular meeting of the City Council held on the ____ 6~th__ day of ~_Ma.y~ ~- _ 1974, by the following vote: · AYES: NOES: ABSENT: CoUNCILMEN_LANG~EY,~_~SHA _RP~,~. SAL~TAR~L~L.I~,~ WELSH,~ EDGAR__ · COUNCILMEN NONE .......... :~ ....... ~ :- -~ ~- -- ,,,,,,_ ~ ~, ,~ ~- _ ~ · ~ u ,-.,_ , ....... COUNCI~EN NONE ......... CitY- ler ,~~ Of Tustin~-cal~-f~>r~a