HomeMy WebLinkAbout1977-09-06; City Council; Resolution 519012 0 a
d c u ia
19
20
21
22
23
24
25
26
27
28
WHERE
time to ti
WERE
Government
to impleme
which must
of Califor
WHERE.
guidelines
tive Code;
WHE-W,
relocation
City's acq'
funded pro(
WHERE,
in the Cit:
substance I
attached hl
NOW, '
City of Ca:
1.
2.
attached hc
Carlsbad,
FESOLUTION NO. 51 90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ADOPTING REAL ESTATE
ACQUISITION AND RELOCATION POLICIES PURSUANT ~- TO THE REQU1RE"TS OF TITLE 1, DIVISION 7,
CHAPTER 16 OF THE CALIFORNIA GOVERN-MENT CODE.
S, it may be necessary for the City of Carlsbad from
e to acquire private property for public purposes; and
S, Title 1, Division 7, Chapter 16 of the California
Code requires the City to adopt rules and regulations
t payments and to administer relocation assistance
be in conformity with guidelines adopted by the State
ia Commission of Housing and Community Development; and
S, said Commission has adopted a comprehensive set of
as Chapter 6, of Title 25, of the California Administra-
and
S, the Federal Government has alsc adopted uniform
assistance laws and guidelines which apply to the
isition of real property pursuant to certain federally
rams; and
3, a policy for real estate acquisition and relocation
of Carlsbad has been prepared, incorporating the
f the federal and state guidelines, a copy of which is
reto as Exhibit A, and made a part hereof;
EREFORE, BE IT RESOLVED by the City Council of the
lsbad as followsz
rhat the above facts are true and correct,
Fhat the Real Estate Acquisition and Relocation Policy
reto as Exhibit A is adopted for use in the City of
0 0
PASSE APPROVEDf AND ADOPTED by the City Council of the
City of Ca 5 lsbad, California at a regular meeting held on the
6th jay Of September , 1977, by the following vote, to wit:
AYES :
NOES :
Councilmen Frazee, Lewis, Packard, Skotnicki and
None Councilwoman Casler
ATTEST: 1
(SEAL).
2,
PXAL
Intxcduct ion
?he purpose of .these respect to the relocation of residexts
In tht cities are they are allcwed
purchase of real
locality the process. The checks
prqmlgatcd so as collusion. The
ition acts, as
policy as propssed, subsequent fair California and Fede.ra1. respect. These
utilizing federal
process via tax fmds be used, i. e. practices as required
*_--
1.
3 ‘,- .
3.
4.
5.
ESTASZ LiCQDISITTON AND PZLXATION POLICIES
CITY OF CARsEm, C4LIFOIgnA
policies is to set .for;lh practices to be followed wich
acquisixion of real property by the City of Carlsbaa md’the and businesses chat are affected hy the purchase.
in the best position ‘co establish policies that are eiT’fici.ent,
considera3le flexibility in the procedui-es relative to the
property. Howzver, state and federal statutes place wit5 the
resiorsibility to ensure the integrity of che entire acquisitim and cmtrols that are established by these piicies are
00 avoid even the appearance of dishonesty, favoritism or primry pqose of the uniform relocation and property acauis- legislaced by both the State and Federal gctvemnents zd as thFs
is pay~ent of just cqensation to property owners and the
treatment of residents and businesses. govemxnts have adopted uniform practices with this 2ol.icies promote adherence to these mtform guidelines whether
fmds from the Block Grant or mies from the redevelopment
inc.renents ? City general funds, etc.
Both the State of
Should other Federal , Federal highway monies, it will be necessary to follcm &e by the specific funding source.
All property
azqdsiticr, of
O€fers to purchase
supported by
Negotiations
as hope of
Condmationwi-11 to meet tixe
The relocation o-mers receive
residents and
of 90 day’s
Procedures I
owners are to be dealt with fsirly and equitably in the City’s
laids or interests therein.
will be based on the concept of “fair market value” as
ctirrerit appraisal- practices.
wd-11 continue irn good faith for as long as reasonable, so lo?;lg,
settlement exists.
be utilizea hen negotiations have broken or if required
restraints inposed by funding sources or construction schedules.
assistance program will be fairly adrrcnistered to ensure all any and a11 benefits to which they are entitled and that
1:enants are treated in a reasonable and fair mmer ; a notice will be given to all who are required to move.
-- I 1. Qmers shall b
afforded thz
property
advised of the cormencement of the appraisal and shall be to present any evidence deemed pertbent to their
evidence being duly considered by the qgraiser in of “fair market value”.
2. One shall be required for all properties subject to
appraisals will be obtained should the following
of parcel due to, but not limited to, factors such
ties. lack of comparable sales data, topogrqhy
otential., questionable 3ceue.
lue of the parcel; ancther in
heerest of the public.
hject to a review prior to determination of-just
dent evaluatimi
review will &dress the adequacy o€ appraiser' s docu-
dness of the qpraise-r's reasoning ad Ghether the mentation, the
ccqted practices and in particular, the correct-
The review pay be inion of "fair market value".
taff or ochers as appropriate.
recogp'lzed ap7raisal- techniques to ensme the
valmtioii is ad equitxble to bofh parties.
stance shall be the sme individual T&O appraised
the omers with a written statement ad sub-nary
stbated as just corrpensatim.
contact shall be the full estiriate of market
duce a settl.meat bzsed on market va.1~ withcut with no portion withheld for further cmcession.
to seek exp2rt assistance.
til either a settlemmr is effected or an
ch my corn to light which was not known or 1 be ex&ied to detemrFne its effect on f justified, adjustmnts in the appraisal will. be rmde.
8. A condmatio ess shall not be used as a coercive tactic but only &en een deadlocked or to ensure that project construction t time restra-hts imposed by plundirig sources.
9. Negotiated set lmats will.not be conducted at mjustified values nerdy
' to avoid. litig r tion.
10. The City s all ti~es endeavor to effect a negotiated settl,' men t even
ation process until a court settlement conference has been
istance progarn will be fairly administered to cnstu'c all Relocation aid all bmefits to which they are entitled. in no way be a part of the negotiation process for the
e in settlement from the approved apFraisal value
signed by the City Manager of the City of Carlsbsd.
lade available to the owner before poss6ssion of
14. In and State law, the relocati.on payments for as follows :
3
a. A paynmt
1. A fix
2. A dis!
b. Displaced upon Starc
and occy:
nego t ia t u
15. In accordance rep lacm.mt hc
Disp 1 aced . up to $4,1 if thLj OT 01
to initia
16. lbving and re
a. Actual re
b. Actual di
c. Actual re
OR
A fixed p
equal to operatim
than $10,
17. Conflict of I
Conflict of i
real properq qloyee or E
the city's ti- f Oll~dS :
The person wl
conf,llct to t ;2ny such pro1
mine just con
Adoption iof Guide1
In all matters re1 and relocation ass
the City Council i Relocation Msistz
or actual nm,ng expense or the total of:
nm6g expense nck to exceed $300.
cation allpwmce of $200
czicuxners TELY receive paymmt up 'to $15,000 (mmt dependent'
ad Federal guidelines) if thz acquired dwelling was omcd d for not less th 6 mnths prior to the initiation of
S.
Cth the Federal and State law, the relocation paymkts for ising for tenats is as follows:
'milies and individuals may receive a payrrznt of
IO (a~omt dctermir,ed by Federal and State regulations)
:upied the acquired property at least 90 day's prior .on of negotiations.
Lted expznses for businesses consists of:
ionable mving expenses
:ct loss of tangible personal property
;onable expenses -in searchhg fojr replacement location
pr.-znt in Em. of the.payyment described above in an mount
le armual net earnings to the businesses concerned or farm zcept that the paynmt may not be less than $2,500 or mre IO.
i-eres t
terest exists in any case where the owner of an interest in hich is to be acquired by the City serves as an officer or zrcises any other r'esponsible function in conjmctionwith t conflict of interest safe,mds will be established as
has deemed a conflict of interest wifl dis.close the potential e City and the City's legal counsel. .The City will acquire
rty through the condemnation process =and let the court deter-
znsation for the property.
nes
ting to the acquisition of real property for public purposes
stance not expressly outlined above, it is the intention of
ee and Real Property Acquisition GuideJines of the State of
-
.
adopting this policy to adopt the substance of Lhe California
\
California D~F rtm
California Adminisi Federal law, the Cc and property a@:
Federal Government
0
t of Hc sins and Ccin”it Wveloment as xkained in ative Code Title 25, Chapter 6. ncil intends to also be guided hy the Uniform relocation tion laws, guidelines and plicies as adopted by the
where required by