HomeMy WebLinkAbout1977-09-06; City Council; 5177; REAL ESTATE ACQUISITION AND RELOCATION POLICY' Initial: I ----
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Dept. Hd. AGENDA SILL No. LT/~r7
DATE : _L - SeDtember 6- 1977 City Atty
G E P A R 'T M E N T : - PLANNING - City Mgr. \
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- SUBJECT:
FZAL ESTATE AOQULSITION AND RELOCATION POLICY
-_-______( -- STATEMENT OF THE MATTER
BACKROUND
At its meeting of August 16, 1977, the Council directed staff to develop reloca and acquisition policies for consideration at its meeting of September 6, 1977.
The proposed policy is the result of reviewing the policies in effect in the Cb
of Sari Diego, City of San Diego and City of Chula Vista. In addition, the kif Acquisition and Relocation Acts of the State and Federal governments were revie
along with informational items provided by Cal Trans and Federal Highway A_ctrnini tration. The attached policy will adopt by reference the substance of the Feloc
Assistance and Real Property Amisition Guidelines as adopted by the State of
Departn-ent of Housing and Cmunity Development, Calif.Admin,Cde Title 25, Cha
EUELIOSE TFFj5plrpose of the attached policies and procedures is to establish parameters
within which the acquisition of real estate and subsequent relocation of mmers and traants will be carried out. This will insure the integrity of the entire
acquisition process, thereby meeting State and Federal statutory requiremnts.
EXHIBITS
Real Estate Acquisition and Relocation Policy Resolution JYo. 5) y& .
RECOMLIENDATION
It is recmended that the Council adopt the attached policies and procedures i
application to all property acquisitions undertaken by the City. If the Counci your action is to adopt F?.esolution No. 31 9,4 ..I
It is further recmded that the Council direct staff to prepare appropriate docuirents for Redevelopment Agency adoption.
Couricil action
9-6-77 Resolution #5190 was adopted, adopting policies and proce for application to all property acquisitions undertaken b
and staff was directed to prepare appropriate documents f
Redevelopment F,qency adoption.
FORM PLANNING 73
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MEMORANDUM
DATE : SEPTEMBER 6, 1977
TO : HONORABLE MAYOR, ?EMBERS OF THE CITY COUNCIL
FROM: JACK HENTHORN, REDEVELOPMENT COORDINATOR
RE: CORRECTION TO REAL ESTATE ACQUISITION AND RELOCATION
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POLICY.
An error in the above noted agenda item has been brought to the attention
of the city staff. The first paragraph of Section 17 "Conflict of Interest
should read as follows:
"Conflict of interest exists in any case where the owner of an interest in
real property which is to be acquired by the City serves as an officer or
employee or exercises any ocher resyonsible function in conjunction with
the city's activities. It is the policy of the City Council that conflict
of interest safeguards will be estzblished as follows:"
The underlined wording was inadvertantly omitted from the original agenda
item.
It is requested that prior to taking any official action on this item that
Council officially note the correction as made above.
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RESOLUTION NOc 5190
A RESOLUTION OF THE CITY C0WJCJ.L OF THE CITY
OF CARLSBAD, CALIFOEWIA, ADOPTING REAL ESTATE
ACQUISITION AND mLOCATION POLICIES PURSUANT TO THE REQUIREiClENTS OF TITLE 1, DIVISION 7,
CHAPTER 16 OF THE CALIFOXNIA GOVERNMENT CODE.
WHEREAS, it may be necessary for the City of Carlsbad frc
time to time to acquire private property for pub$?c purposes:
WHEREAS, Title 1, Division 7, Chapter 16 of the Californ
Government Code requires the City to adopt rules and regulatic
to implement payments and to administer relocation assistance
which must be in conformity with guidelines adopted by the St
of California Commission of Housing and Comqunity Development
WHEREAS, said Comnission has adopted. a comprehensive set
guidelines as Chapter 6, of Title 25, of the California Admi1 I
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1 tive Code; and
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WHEIiEAS,- the Federal Government has alsc adopted uniforr
, relocation assistance laws and guidelines which apply to the
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City's acquisition of real property pursuant to certain fecie
funded programs; and
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1 WHEREAS, a policy for real estate acquisition and reloc
in the City of Carlsbad has been prepared, incorporating the
substance of the federal and state guidelines, a copy of wh:
attached hereto as Exhibit A, and made si part hereof;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
City of Carlsbad as follows:
1. That the above facts are true and correct.
2. That the Real Estate Acquisition and Relocation
attached hereto as Exhibit A is adopted for use in the Cit3
Carlsbad.
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PASSED, APPROVED, AND ADOPTED by the City Council of the
City of Carlsbad, California at a regular meeting held on the
6th day of SeDtember , 1977, by the following vote, tc
AYES:
NOES : None
Councilmen Frazee, Lewi s, Packard, Skotn i ckj
Counci lwoman Cas1 er
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ABSENT : None
ATTEST :
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WXL EsrLrE KQ~SLI’TON ANI mmwro~ PCLICES
CITY OF CAl’XSEAD, CnLlTORNLEI
Introducti.on - .. -
I~C_ purpose of these poI.ici-es is to set forth practices to be follm;ed with
rcspert to the zcquisitipn of real proprty by the City of Carlsbad and’thc relociition of residents ,md businesses that are affected by the purchase.
In t-h2t: ci.ties a~ in the best position to estzblish policies th& are. eEficirn! they are alltxeed co.;ssi&r2’9le flexibility in the procedm-cs rehtiVc TO the
purchase of real propat’j. lkwevtr, state and f ederal sLaLxttes place with the Zoca.l_ity ~-11~ r-7 ress3nsi’bility to asure the integrity of i3~ c.ntPie acquisi-tim.
pz.~~ess. lt:~ ck,c-dcs 3n.S co-i-Ltrols that are establ.ished by these policies are prqp&ppi.d so ~5 to svoid ~57en the zipeaxncc of dishcinest~7’, fa70riti~-;li OT
coll.i?~im. of the unifom. relocatior and nroperty acouis- ‘1 -Yc j-tion ac‘is, ar, l_;%isktcrj by ’m~h the State 3rd Federal. zsvcn:...cnts scr! ,..?,A 3s Ln-- Ll
p0l.i~~ 6s ~l-<jp?s.:i, is pz;
California 2125 F?de.--a], .. /~\?e~l~;~~~::s h~,?? a.do;i?Eed wLifonn p~acti~cs :<i t2i: chis
respect. ‘rj,cse a3liclt.s ?r-,y~te e&?rc~~cc LC: t;hese UtlifGriT ~;u~.de~.~.nC f; i~:i?2Lqh2C
utiliz*:g ~ec1& etiss frcm the ~196.: C.ra>t or r2nies fj:cZL the re.&\:iilo
process via txx kxrexents, Cit,., gemxal fmds, etc. Should ocher Fe?e~aI
practices as repired by thz specific 5mhg souce.
Policy
1. A11 property o-mers are to be dealt with fairly and eqAtzbly in the City’ acqdsitisrL of lmds or interests thsrein.
2. Offers to p~chze ~~li_ll be based cn the concept of “fair market value” as supported by ‘CLmWit a?praisal practices.
3. NzgotiatFcns will continue in good faith for as lmg as reasonable, so la as hope of settle”i!mt exists.
4. .Condemnation will be utilized hen negotiations have broken or if require1
to meet tiii restraints -imposed by funding sources or construction schedu
5. The relocation assistance progrm vi11 be fairly a&nistered to ensusre i! Owners Ixxeivz any and all benefits to wliich’they are entitled and tht
residerits 2nd tenants are treatcd in a reasonable and fair mmcr; a ne
of 90 ~ay’s nsticc ~II be given to all who ze required to TIDE*
*Le 3rjx2.m .- purpose -
subsecjtlcnt. fair rrep:ar;lr?lt: of ~esj.~<~;~ts 2nd I,~sjl’i~~~es. EOL~ _r the tItr cj7a;L121+ S~2it~ F; “ OE ’ lii L. L7’’ nt cf j-y- cmi’~~L~s~itj-*3 co ?”
’ funds be used, 5, e. , Federzl hignz~ nmies, it will be necessary to ?cI’L~.T t:h
Procedures
1. wcrs s11:ill be adviked of the coc?ilenc~~c~~~ of L~IC. approi sal. am1 ~11~11~. l3i aEforclcd ~k,? 0pport:Lr;lity to prcscnr any cvi.dence dacmxl pc:l-t:inc.nl- t (3 thi.
property v;luc wirh such evitlcncc bein;?, duly consiclci-ci! by thq q)prili.sc.t- arriving at the estimte of “fair nnrket value”.
2. One inclcpcr.dL>nt apprn.is;al shall bc rcquircd for all proixrt Lcs su!ij ect: t:
acquisi 1 i.on. Adtli.tional appraisals will be ob tainctd sllould thc f ol. 1 mi11 circwwtances occur :
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a. ' 'Capl.i.cated status of parcel clue to, but: not limited to, factors such
as zoning. pecula-ities , l.ack of cori~)artibI.~~ sales data, topography
d.ifficulflcsJ or potential, qucstiunable reuse.
b. Inordinately high value. of the parc~l; anokk,~ hkpendent eVahJaLiO11
. would be in thc ~CSL interest of the public.
All apprai-sals shrill be subject to a review prior to cletcnnination of just
capensation.
mntatiori., the soundness of the appraiser' s reasoning aiid vw&et3?er the
appraisal conforms wit11 accepted practices aid in particular i. the corrcct- The review nay be
ccftducted either by City staff or others as zppropri-ate.
The appraiser shall sxploy recopized a~prai.snl- tecmiqws Lo ensure. the
'val.mtion is mliiased, fa.ir ad equitable to both parties.
The negotiatcr, ?.?to in i?o irs~~!c~ sb-all b.2 ::he ~~312 ind?'.vid:ial tho EC?~XLLC the proFi'rLy J skia:l pr:orrid.? Lhe c;:c~.crs with a !-:.rit:tcm s::s.te c: 1; 5 nd ,5 [dl :-~-:XT T of the bx;is or' ir.he czramt estiristcd as jsst ccmye~~atlon.
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3. Tine 1-e-view will zddress the adquacy of apprai:ye-r ' s docu-
. ness OE the q?raiszr's o9jni.on of "fair Mrket val-ue".
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r 1 6. The city's offer a.t first contect shall bc clle hll cstri;r'zt:e OL ?YX:;Ct
value supported by appraisal wi th EO portion withheld for h~tL?er coisieessic: The desired resul-i is tc proaxe h scttl.mxnt baed cn mrkEit va1.w ?,.~.tkAx:-
requiring the prop~~ty o-imer to seek expert assistance.
Eegotiations shall contime until either 2 settlment is effected os; an
impasse is reached. Lsy data which may cme to light daich v~s not !kriO;<m
considered by the appraiser, shall be emrrii.rx?d to clctnmdne its effect- on
the himess of the appraisal. will be nude.
A condenmaticri process shall not be used as a coercive tactic but ody wh~
negotiations kve beax deadlocked or to ensure that project construction' nay proceed cn schedule or to ireet time restra-hts ixposc-ld by €mding sow
Negotiated settlemnts .will not be conducted at unjustified values merel>T
* to avoid litigation.
The City shall at all tbs endeavor to effect: a negotiated settleinent ex
during the condennation process until a court settlm.iic conference has 1 held.
Tne relocation assistance program will be fai.rly administered to eiisure c amcrs receive any and all benefits to which t-hey are entitled. Relocaf
assistance shall in no way be ;1 part of the negotiation process for the
purchase of property.
9 must be supported anu sigpcrl by die City N;mq;cr of t.1w Ci.t:y of CxI sbnc
Comi)cnc;atioti vi.11 be made avai~lab1.c to the mier bcforc poss6ssiori of propcr ty is taken.
In pcord;ince \lit12 the Federal and SLnCe lawJ the rclocnti.on paynpnts f
frunilics anLi j.nd ivi.duaIs arc p)crmiiss$1(! ;I:; folla~s :
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If justified, adjustxmts in the qymisal
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12, Any substantial ch(-inc.re in se~tl wncnt from the approved appi-xisal 1 " "1 Ile
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a. A pqimar for actual nm<nZ eirpcnsc or &e total oft
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Displaced hczicumers my receive payrrent up to $1.5,009 (umunt dtper!i..r?er upon State md Federal guidelines) if the acquired ds~elling was c,,.ncd
and occii?icd fok not: less thin 6 Iinnths prior to the initiation of
negotiations.
In accordance with the Federal ad State Paw, the relocation pqmmts for replacemnt housing for tcnmts is as follows:
A fbcd n!o\<ng expense not to exceed $300.
A dislocation allowance of $200
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Displaced families and individuals my receive a ppmt of up to $4,000 (zzomt deterrc!hed by Federal and State regulations)
if they occuTied the acqicriyed pvoperty at least: 90 day's prior
to initiation of nzgotiatims.
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16. fbving and related expnses for b~~irlesses consists of:
a. Actual reasordle roving cxpnses
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Actual direct loss of tagible personal property
Actual reasomble -Tenses ;J1. searchkg for replacerrent location
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A fixed payr2nt in lieu of the papent described above 511 an mmt
equal to the mual net: earnings to the bustresses concen1z.d or f=in
operatim exc~pt tht the payrmt may not be less than $2,500 or rrm than $10,000.
17. Cunflict of Interest
Conflict of interest exists in any case where the cTr.T;1o,r of an ~+terest i
real property which is to be-acquired by the City serves as an officer o
e qloyee or exercises any other responsible function in conjunction with
the city's that conflict of interest safe,pards will be established as follows :
?'he per'son &IO ha demed a conflict of interest .;Jill disclose the poter
confJict to the City and the City's legal counsel. The City will acquii imy such property through the condaiation process ,and let the court de
mine just conpmsation for the property.
Adoption of Guidelines
In all matters relating to the acquisition of real property for public purposc
and relocation assistance not expressly outlined above, it is the +tention oj the City Council in adopting this policy to adopt the stlbstance of the Calif01
Iiehcation Assistance and Real Property Accpsition Guiddines of the State 0'
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California Departmat of Houshq and Coanrmnity DevePop-ent as contained h
California Adrrcinistrative Code Title 25, Chapter 6.
Federal law, the Council intends to also be guided hy the uniform relocation
and property acquisition laws, guidelines and policies as adopted by the
Federal Government.
Where required by
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