HomeMy WebLinkAboutRDA RES 090WLS23-lA
RESOLUTION NO. 90
RESOLUTION OF THE CITY OF PALM DESERT
REDEVELOPNENT AGENCY ADOPTING RULES AND
REGIILATIONS RELATIVE TO RELOCATION ASSISTANCE
AND ACQUISITION OF REAL PROPERTY
BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY
OF PALM DESERT REDEVELOPMENT AGENCY AS FOLLOYuS:
Section 1. The California Relocation Assistance and Feal
Property Acquisition Guidelines (the "Guidelines"), attached
hereto as Exhibit A, are hereby approved and adopted as the
rules and regulations governing relocation assistance and real
property acquisition by the City of Palm Desert Redevelopment
Agency, except as to the following Sectians of the Guidelines,
which Sections shall read as provided in this Resolution.
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Section 2. Section 6000 of the Guidelines shall provide
as follows:
Article 1. General.
6000. Order of Adoption
The Guidelines are adopted pursuant to the provisions of
Section 41135 of the Health and Safety Code, in order to implement,
interpret and to make specific provisions of Division 7, commencing
with Section 7260 of the Government Code (hereinafter referred to
as the "Act"), relating to relocation assistance and last resort
housing.
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4vLS23-3A
Section 3. Section 6002 of the Guidelines shall provide
as follows:
6002. Statement of Purpose and Policy.
(a) The purpose of the Guidelines is to assist public
entities in the development of regulations and procedures
implementing the Act.
(b) The Guidelines are designed to carry out the follow-
ing policies of the Act:
(1) To ensure that uniform, fair and eauitable
treatment is afforded persons displaced from their homes,
businesses or farms as a result of the actions of a public
entity in order that such persons shall not suffer
disproportionate injury as a result of action taken for
the benefit of the public as a whole; and
(2) In the acquisition of real property by z public
entity, to ensure consistent and fair treatment for owners
of real property to be acquired, to encourage and expedite
acquisition by agreement with owners of such property in
order to avoid litigation and relieve congestion in courts,
and to promote confidence in public land accuisition.
(c) A public entity shall not participate in or undertake
a project that will displace individuals from their homes unless
comparable replacement dwellings (see subsection 6008(c)) will
then be available within a reasonable period of time prior to
displacement to the extent that it can be reasonably accomplished.
(d) The Guidelines are intended to establish only minimum
rer�uirements for relocation assistance and payments. They shall
not be construed to limit any other authority or obligation
which a public entity may have to provide additional assistance
and payments.
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V�+LS23-nA
Section 4. Section 6006 of the Guidelines shall provide
as follows:
6006. Regulations.
(a) Each public entity before undertaking or particpating
in activity which will result in the displacement of persons shall
adopt rules and regulations that implement the reauirements of the
Act, and prescribe additional procedures and requirements that
are appropriate to the particular activities of the public entity
and not inconsistent with the Act or Guidelines.
(b) Rules and regulations issued under this section
shall be promptly revised as nece�sary, to conform to any amend-
ment of the Act.
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5vL•S23-SA
Section 5. Section 6Q08(c) of the Guidelines shall provide
as follows:
(c) Conparable Replacement Dwelling. A dwelling which
satisfies each of the following standards:
(1) Decent, safe and sanitary (as defined in sub-
section �008(d)), and comparable to the acquired dwelling
with respect to number of rooms, habitable living space
and type and quality of construction, but not lesser in
rooms or living space than necessary to accommcdate the
disolaced person. For purposes of computing the amount of
a replacement housing payment for a claimant displaced
from a mobile home, the cost of a"comparable" dwelling is
the reasonable cost of a comparable mobile home. This
applies irrespective of whether the claimant's replacement
dwelling is another mobile home or a conventional dwelling.
(2) In an area not subjected to unreasonable adverse
environmental conditions from either natural or manmade
sources, and not generally less desirable than the acquirea
dwelling with respect to public utilities, public and
commercial facilities and neighborhood conditions,
including schools and municipal services, and reasonably
accessible to the displaced person's present or potential
place of employment; provided that a potential place of
emFloyment may not be used to satisfy the accessibility
requirer�ent if the displaced person objects.
The Act and the Guidelines do not require that
the replacement dwelling be generally as desirable as the
acquired dwelling with respect to environmental charac-
teristics. Though a displace� person does not nave to
accept a dwelling subject to unreasonable adverse environ-
mental conditions, neither is a public entity required to
duplicate environmental characteristics, such as scenic
vistas or proximity to the ocean, lakes, rive�S, forests
or other natural phenomena.
If the aisplaced person so wishes, every
reasonable effort shall be made to relocate such person
within or near to his existing neighborhood. 4v'henever
practicable the replacement dwelling shall be reasonably
close to relatives, friends, services or organizations with
whom there is an existing dependency relationship.
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WLS23-6A
(3) Available on the private market to the displaced
person and avilable to all persons regardless of race,
color, sex, marital status, religion, or national origin
in a manner consistent with Title VIII of the Civil Rights
Act of 1968.
(4) To the extent practicable and where consistent
with paragraph (c)(1) of this section, functionally
ecTuivalent and substantially the same as the acquired
dwelling, but not excluding newly constructed housing.
(5) 4vithin the financial means of the displaced
person. A replacement dwelling is within the financial
means of a displaced person if the monthly husing cost
(including payments for mortgage, insurance and property
taxes) or rental cost (incZuding utilities and other
reasonable recurring expenses) minus any replacement
housing payment available to the person (as provided in
sections 6102 and 6104) does not exceed twenty-five
percent (25�) of the person`s average monthly income (as
defined in subsection 6008(1)). A replacement dwelling is
within the financial means of a displaced person also if
the purchase price of the dwelling including related
increased interest costs and other reasonable expenses (as
described in section 6102) does not exceed the total of
the amount of just compensation provided for the dwelling
acguired ancl the replacement housing payment available to
the person (as provided in section 6102).
If a dwelling which satisfies these standards
is not available the public entity may consider a dwelling
which exceeds them.
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tivLS23-7A
Section 6. Section 6008(1) of the Guidelines shall
provide as follows:
(1) Gross Income. Gross income means the total annual
income of an individual, or where a family is displaced total
annual income from all sources of each member of the family
residing in the household who is 18 years of age or over
(except that the income of a head of household or his spouse
who is under 18 shall be included).
Gross annual income is based on the 12-month period
prior to displacement. It is divided by 12 to ascertain the
average monthly gross income. If the local agency determines,
on a case by case basis that use of the 12-month period prior
to displacement would result in a hardship to the claimant, an
alternate period, actual or projected, may be used in such
exceptional situations.
Section 7. Section 5Q10 of the Guidelines is hereby deleted.
Section 8. Section 6016 of the Guidelines is hereby deleted.
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4uLS 23-8A
Section 9. Section 6030 of the Guidelines shall
provide as follows:
6030. Purpose. The purpose of this oart is to set forth
requirements with respect to the development and implementation
of a relocation assistance advisory program for the provision
of specified services and to prescribe the obligation of a
public entity not to displace or cause the displacement of any
person from his dwelling without adequate notice and unless
comparable replacement housing is available, to the extent that
it can be reasonably accomplished.
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WLS23-9A
Section 10. Section 6032 of the Guidelines shall
provide as follows:
6032. Relocation Assistance Advisory Program. Public entities
shall develop and implement a relocation assistance advisory
program which satisfies the reauirements of this article and of
Title VI of the Civil Rights Act of 1964, Title VIII of the
Civil Rights Act of 1968, the Unruh Civil Rights Act and the
Rumford Act. Such program shall be administered so as to
provide advisory services which offer maximum assistance to
minimize the hardship of displacement and to ensure that, to
the extent that it can be reasonably accomplished, (a) all
persons displaced from their dwellings are relocated into
housing meeting the criteria for comparable replacement
housing, and (b) all persons displaced from their places of
business or farm operations are assisted in reestablishing
with a mimimum of delay and loss of earnings.
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WLS23-l0A
Section 11. Section 6038(a� of the Guidelines shall
provide as follows:
6038. Relocation Plan.
(a) As saon as possible followino the initiation of
negotiations a public entity shall prepare a Relocation Plan
and submit it for approval to the local legislative body, or in
the case of a state agency, the head of the agency. When the
public entity's action will only result in an insignificant
amount of non-residential di�placement, the requirements of
this action need not be satisfied.
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Section 12. Section 6040(a)(3) of the Guidelines shall
provide as follows:
(3) Assure eligible persons that within a reasonable
period of time prior to displacement to the extent that it can
be reasonably accomplished, there will be available comparable
replacement housing, meeting the criteria described in section
6008(c), sufficient in number and kind for and available to
such eligible persons.
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[vLS23-12A
Section 13. Section 6040(a)(4) of the Guidelines shall
provide as follows:
(4) Provide current and continuing information on
the availability, prices, and rentals of comparable sales and
rental housing, and of comparable commercial properties and
locations.
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47LS23-13A
Section 14. Section 6040(a) of the Guidelines shall
provide as follows:
(a) No eligible person shall be required to move from his
or her dwelling unless within a reasonable period of time prior
to displacement comparable replacement dwellings (as defined
in subsection 6008(c)) or, in the case of a temporary move (as
defined in sectiuon 6044), adeauate replacement dwellings {as
defined in subsection (b) below) are available to such person,
to the extent that it can be reasonably accomplished.
Section 15. Section 6042(e) of the Guidelines shall
provide as foilows:
(e) Waiver. The requirement in subsection (aj above
may be waived when immediate oossession of real property is of
crucial importance and by one of the following circumstances:
(1) When displacement is nec�ssitated by a major
disaster as defined in Section 102(2) of the "Disaster
Relief Action of 1974" (88 Stat. 143, 42 U.S.C. 5121).
(2) During periods of declared national or state
emergency.
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WL523-14A
Section 16. Section 6048(a)(1) of the Guidelines shall
provide as follows:
6048. Survey and Analysis of Relocation Needs.
(a) (1) Requirement. As soon as it can be reasonably
accomplished following the initiation of negotiations
interview all eligible oersons, business concerns,
including nonprofit organizations, and farm operations to
obtain infcrmation upon which to plan for housing and
other accommodations, as well as counseling and assistance
needs.
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WLS23-15A
Section 17. Section 6050 of the Guidelines is hereby deleted.
Section 18. Section 6052(d)(4) of the Guidelines is hereby
deleted.
Section 19. Section 6052(e) of the Guidelines is hereby deleted.
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SriLS23-16A
Section 20. Section 6054 of the Guidelines shall provide as
follows:
6054. Last Resort Housina.
(a) No eligible person shall be required to move from
his or her dwelling because of the action of a public entity unless
comparable replacement housing is available to such person, to the
extent that it can be reasonably accomplished.
(b) Deleted.
(c) If the action of a public entity has resulted or is
resulting in displacement and comparable replacement housing is
not available as needed, the public entity may use its funds, or
funds authorized for the project to provi�e such housing (see
Article 4).
(d) Deleted.
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4�LS23-17A
Section 21. Section 6090(b)(2)(B) of the Guidelines
shall provide as follows:
(B) The cost shall be found by the public
entity to be required by law or ordinance or to be
otherwise necessary to the reestablishment of the
displaced business or farm. Costs incurred for the
connection of utility services to relocated eauipment
or for converting or adapting relocated equipment to
comply with the requirements of the Occupational
Safety and fiealth Act (OSHA), the National Environ-
mental Protection Act {NEPA), or local codes or
ordinances, are not compensable if the business
concern was required to meet them at the former
location but did not do so. If the requirements
apply only to the new location or if there is a
verifiable grandfather clause operative which
excluded the business concern fron compliance with
the requirements until it moved, the costs would
be compensable as a moving expense.
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4r'LS23-18A
Section 22. Section 6094(b)(3) of the Guidelines
shall provide as fcllows:
(3) The cost or any license, permit or certifi-
cation required by a displaced business concern to the
extent such cost is necessary to the reestablishment of
its operation at a new location. The amount may not
exceed the amount that the business concern would be
required to pay annually.
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WLS23-19A
Section 23. Section 6094(3) of the Guidelines
shall provide as follows:
(c) Advance Payments. A displaced person may be
paid for his anticipated moving exgenses in advance of the
actual move. A public entity may provide advance oayment
whenever later payment would result in financial hardship.
Particular consideration shall be given to the financial
limitations and difficulties experienced by low and moderate
income persons and small farm and business operaitons.
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4vLS23-20A
Section 24. Section 6094 of the Guidelines shall
provide as follows:
6094. Actual Reasonable Expenses in Searching for a Reglacement
Business or Farm. A displaced person who satisfies the pertinent
eligibility requirements of Section b090 with respect to actual
reasonable moving expenses, shall be eligible for a payment in
an amount not to exceed $500, in searchir.g for a replacement
business or farm, including expenses incurred for:
(a) Transportation expenses within a radius of 50 miles
from the boundaries of the political jurisdiction in which
the displacement will occur, at a mileage rate not to
exceed the amount normally paid by the local agency for
travel of its staff.
(b) Meals and lodging away from home;
(c) Reasonable time spent in searching, based on the
hourly wage rate of the salary or earnings of the displaced
person or such person's representative, but not to exceed
$10 per hour; and
(d) Reasonable fees paid to a real estate agent or broker
to locate a replacement business or farm.
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�•1LS23-21A
Section 25. Section 6100(d) of the Guidelines shall
provide as follows:
(d) Requirements -- Farms. In the case of a farm opera-
tion, no payment shall be made under this section unless the
public entity determines that the farm met the definition of a
farm operation prior to its acquisition and, durir.g the two
taxable years prior to displacement, the farm (1) had average
annual gross receipts of at least $2,000; or (2) had average
annual net earnings of at least $1,000; or (3) contributed at
least 33-1/3 percent (33-1/3�) of the average annual gross
income of the owners or operators of the farm. If the displace-
�nent is limited to only part of the farm oFeration, the operator
will be considered to have been displaced from a farm operation
if: the part taken met the definition of a farm operation
prior to the taking and the taking caused such a substantial
change in the nature of the existing farm operation as to
constitute a displacement.
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WLS23-22A
Section 26. Section 6012(a) of the Guidelines shall
provide as follows:
6112. Mobile Homes.
(a) General. A mobile home is a dwelling. (See subsectior.
6008(g).) A person displaced from a mobile home must satisfy
the same eligibility requirements and must be provided the same
assistance, assurance and payments as a person dis�laced =rom a
conventional dwelling. For purposes of cor�puting the amount of
a replacement housing payment for a clai�nant displaced from a
mobile homE, the cost of a"comparable" dwelling is the reasonable
cost of a comparable mobile home. This applies irrespective of
whether the claimant's replacement dwelling is another mobile
home or a conventional dwelling.
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WLS23-23A
Section 27. Section 6120 of the Guidelines shall
provide as follows:
6120. Purpose. The purpose of this part is to set forth
the criteria and procedures for assuring that if the action of
a public entity results, or will result in displacement, and
comparable replacement housing will not be available as needed,
the public entity may use its funds or funds authorized for the
project to provide such housing.
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�vLS23-24A
Section 28. Section 6122 of the Guidelines shall
provide as follows:
6122. Determination of Need for Last Resort Housing. If on
the basis of data derived from surveys and analyses which
satisfy the requirements of sections 6048 and 6052, the public
entity is unable to demonstrate that comparable replacement
housing will be available as reauired, the public entity may
determine whether to use the public entity's funds or the funds
authorized for the project to provide such necessary replacement
housing or to modify, susgend or terminate the praject or
undertaking.
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6JLS23-25A
Section 29. Section 6124(a) of the Guidelines shall
provide as follows:
6I24. Development of Replacement Housing Plan.
(a)(a) General. (a) Following the determination pursuant
to section 6122 to provide replacement housing, the head of the
displacing public entity shall develop or cause to be developed
a replacement housing plan to produce a sufficient number of
comparable replacement dwellings. The plan shall specify how,
when and where the housing will be provided, how it will be
finar.ced and the amount of funds to be diverted to such housing,
the prices at which it will be rented or sold to the £amilies
and individuals to be displaced, the arrangements for housing
management ar.d social services as appropriate, the suitability
of the location and environmental impact of the proposed
housing, the arrangements for maintaining rent levels appro-
priate for the persons to be rehoused, and the disposition of
proceeds from rental, sale or resale of such housing. If a
referendum requirement or zoning presents an obstacle, the
issue shall be addressed.
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WLS23-26A
Section 30. Section 6166 of the Guidelines is hereby deleted.
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WLS23-27A
Section 31. Sections 6180 through 6198 (Article 6) of
the Guidelines are hereby deleted.
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WLS23-28A
FASSED, APPROVED AND ADOPTED this 25th day of
January , 19 7 9 .
AYES: hicPherson, Newbrander, Wilson & Mullins
NOES: None
ABS�V'T : Brush
AB.STAIN: None �� �
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ATTEST: _—�
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RESOLUTION fJO. 90
EXHIBIT "A"
Sections 6,000 - 6,198 inclusive, of Health and Safety Code - adopted
by reference. (pages 633-682) Copy on file with the Agency Secretary.
,