HomeMy WebLinkAbout1978-10-17; City Council; 5616; RELOCATION ASSISTANCE CONTRACT4- a CITY OF CARLSBAD @
AGENDA BILL NO. Lyb /(n Initial
DATE: October 17, 1978
DEPARTMENT :City Manager
Dept. Hd. &*
C. c- Mgr. Atty-F
SUBJECT:
RELOCATION ASSISTANCE CONTRACT
Statement of the Matter -
On September 6, 1977, the City Council adopted policies governing
relocation and property acquisition. Basically the policies state that the City will comply with existing legislation when it acquirc
property or relocates occupants. At that time it was anticipated 1 the relocation process would be administered via a contract with tl
California Department of Transportation (Cal Trans). Research intc
this approach indicates that Cal Trans' central office desires to
process non-transportation related cases on a case by case basis rl
than providing service on an as needed basis.
In follow-up it was found that the City of San Diego will provide
service on an on-call basis for transportation as well as non-
transportation cases.
The attached report was prepared by the Redevelopment Coordinator
relative to the Harding Street Center project and the pending relocation of the North County Ballet Company.
EXHIBITS
Memo from Redevelopment Coordinator to City Manager, 9/19/78
Resolution ss&? , dated 10/18/78
RECOMMENDATION
Due to the complexity of the relocation assistance laws it is reco
that the City of San Diego be requested to provide the required
services on a cost basis.
If Council concurs with the staff recommendation it should adopt
the attached Resolution approving the agreement as reviewed by the
City Attorney.
Council Action:
10-17-78 Council adopted Resolution 5567, approvir;g an 3greement wit
City of San Diego, California, for the provision of relocat services.
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MEMoRA-NDUM 0 e
DATE : September 19, 1978
TO : Paul Bussey, City Manager
FROM: Jack Henthorn, Redevelopment Coordinato
SUBJECT: RELOCATION ASSISTANCE - MORENO
INTRODUCTION
On September 6, 1977 the City Council adopted policies governing
relocation and acquisition. This action brought the City into general
compliance with Federal and State requirements which necessitate the
adoption of such documents.
The Uniform Relocation Act requires that when a public entity acquires
property which is occupied on the date that negotiations are initiated
the occupant is eligible for relocation assistance. This assistance
can vary from advice, to payments for moving and related expenses: to
rental/ownership differential payments.
The occupant's eligibility is not affected by (a) whether or not the
acquisition is by negotiation or eminent domain; or (b) whether or
not the occupant moves voluntarily. The benefits to be provided are determined by (a) length of occupancy (b) type of occupancy (owner,
tenant, residential, business): (c) costs incurred by the occupant
in moving and finding replacement housing and/or business yuarters;
(d) interest rate differentials: (e) applicant's selection of alternati
courses of action including waiver of assistance
Specifically the law provides the following types of assistance to
businesses :
A. Moving and Related Expenses consisting of:
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1. Actual reasonable moving expenses
2. Actual direct loss of tangible gersonal property
3. Actual reasonable expenses in searching for a replacement
location
OR
B. A fixed payment in lieu of the payment described above in an amoL
equal to the average annual net earnings of the business's concex
or farm operation, except that the payment may not be less than
$2,500 or more than $10,000 and if the payment is to be made to E
business concern, it must be determined that:
1. The business cannot be relocated without a substantial loss
of its existing patronage and -
2. The business is not part of a commercial enterprise having at least one other establishment which is not being acquirec
for another project or program and is engaged in the same 01 similar business and -
,. '3.' The businessentributes materially to @ income of the displaced owner.
It should be stated that all relocation payments are subject to
qualification relative to eligibility criteria established by
individual project requirements.
Staff has contacted Cal Trans and the City of San Diego to ascertain t
interest in providing relocation staff services to the City on a
to be involved in non transportation related cases except on a case
by case basis. The City of San Diego, however, will provide services
on a "cost" basis via a ''service on-call" type of agreement which woul
be approved by the City Councils of both agencies.
HARDING STREET CENTER
contractual basis. Cal Trans in recent years has become reluctant
As a result of the Harding Street cetner project the City is faced
with its first relocation assistance case. The case involves the futL
displacement of the North County Ballet Studio 3275 Harding Street.
As Council is aware Mr. Victor Moreno, the Director of the studio, was
recently issued two EDUs to construct a new facility from which he
desires to conduct his business.
Staff has received approval from the State to proceed to bid with
the construction phase of the Harding Center program. Given the preliminary schedule for completion of the project, Mr. Moreno will hc
to vacate the premises on Hardinq Street not later than December, 197E
Given the status of his project on Roosevelt Street it appears as
though the relocation process should be instituted as soon as possiblc
ensure that the City meets its obligations under State statute.
After talking with Cal Trans representatives, it appears as though thc
contract process would be somewhat cumbersome for use in non-transport
related cases. On the other hand, the City of San Diego would be cap;
of providing staff services in transportation and non-transportation
related cases in a timely and efficient manner. However, the existenc of a contract with the City would not preclude use of Cal Trans in
transportation related projects.
RECO!9MEIiIDAT ION
Due to the complexity of the relocation requirements it is recommendec
the City of San Diego be requested to provide the required services or a cost basis.
4 contract is attached hereto. The Director of Relocation Sen
indicates that they could begin to process our caseload as soon as COL
authorizes the staff to begin processing an agreement.
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RESOLUTION NO. 5567
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W RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
APPZOVING AN AGlUZEPlENT WITH THE CITY
OF SAN DIEGO, CALIFORNIA, FOR THE
PROVISION OF RELOCATION SERVICES.
WHEREAS, the City Council of the City of Carlsbad acqui
property from time to time necessitating the displacement of
businesses, families and/or individuals; and
WHEREAS, the City of Carlsbad does not possess 'the staf
resource to comply with requirements set forth in Government
Section 7260-7274, inclusive; and
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WHEREAS, the City of San Diego maintains a staff resoux
capable of providing services to meet the requirement of the
above noted section;
NOW, THEREFORE, BE IT PZSOLVED by the City Council of t
City of Carlsbad that the agreement shown as Exhibit A, atta
hereto and incorporated herein, as though fully set forth is
hereby approved; and
BE IT FURTHER ESOLVED, that the Mayor of the City of C
is hereby authorized and directed to execute said agreement
behalf of the City of Carisbad,
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PASSED, APPROVED AND ADOPTED at a regular meeting held i
17th , day of October , 1978, by the Carlsbad City COL
by the. following vote, to wit:
AYES : Councilmen Packard, Skotnicki % Lewis and
NOES : None
Counc i 1 woman Cas1 er
ABSENT: Councilman AneaF 15 eJ46F &?A&
RONALD C. PACKARD, Mayor ATTEST : &mgEN%*g3
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EXHIBIT ' A to
RESOLUTION 5567
AGREEMENT
This Agreement is hereby made and entered into this 18
day of October I 1978, - by and between the City of Carlsbad
(hereinafter referred to as "CARISBAD") and the City of Stan Diegc
(hereinafter referred to as "SAN DIEGO") o
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WITNESSETH
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WHEREAS, CarPsbad does not possess -the staff or experience E
this time to provide, when and where necessary, adequate relocati
services under the California Relocation Assistance Act (Governme
Code Section 7260-7274 inclusive) (hereinafter referred to as
"Relocation Act") ; and
WHEREAS, Carlsbad desires that San Diego perforin from time
to time on CarPsbad's behalf certain work with respect 1-0 providj
relocation services in accordance with the Relocation Act and the
rules and regulations issued pursuant thereto by the State of
California, Department of Housing and Community Development.
WHEREAS, San Diego maintains a staff equipped to provide suc
rel.ocation services and is willing to undertake such work on
Carlsbad's behalf upon the following terms and conditions;
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NOW THEREFORE, it is agreed as follows:
lo San Biego shall perform all required functions relative
to the Relocation Act and the rules and regulations issued pursuai
thereto by the State of California, Department of Housing and
Community Development when requested to do so by Carlsbad from
time to time. Such functions shall include, but not be limited
to, the following specific acts: I *.
(a) Determining the eligibility for relocation benefits
of aPP property owners and tenants affected by each displacing
pro j ect c
(b) Calculating, through relocation appraisals or other
means, entitlements as to moving expenses and dislocation allowanc
’ rental, down payrcent and housing supplements, business terminatioi
and interest differential payments.
(c) Advising affected property owners and tenants of
their rights to relocation assistance as provided in the Relocatic
Act.
(a) Providing the necessary claim forms, information an(
assistance in compliance with the Relocation Act and the rules an(
regulations issued pursuant thereto by the State of California,
Department of Housing and Community Development.
(e) Advising Carlsbad as to procedures and other pertint
data pertaining to the aforesaid items.
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2. Carlsbad shall:
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(a9 Provide San Diego with copies of acquisition docume
appraisals, and all other required data to enable San Diego to
perform the aforesaid work.
(b) Bear the entire cost for relocation assistance grar
to affected property owners and other occupants under the provisj
sf the Relocation Act and all subsequent amendments thereto and t
rules and regulations of the State of California, Department -of
Mousing and Community Development.
(c) Reimburse San Diego on a monthly basis in an amount
equal to the actual cost of salaries, €ringe benefits and fixed
overhead computed at San Diego's prevailing rate, and other neces
expenses incurred by San Diego pursuant to this Agreement.
San Diego shall submit a nonthly gtaternent reflecting tk 3,
above expenses for Carlsbad's review and approval.
4, This Agreement shall become effective on the date first
above written and may be terminated by Carlsbad at-any time upon
sixty (60) days written notice to San Diego or by San Diego upon
sixty (60) days prior written notice to Carlsbad.
5, Any notices which may or must be given by either party
to the other hereunder shall be deemed to have been duly given wf
made by personal service or in writing and deposited for mailing
the United States mail, postage prepaid, addressed as follows or
such other place as the parties may hereafter in writing direct.
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To SAN DIEGO: Central Relocation Office
City Administration Building
7th Floor
202 "C" Street
San Diego, California 92101
Attention: Relocation Administrator
To CARLSBAD: Office of the City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
6, Carlsbad shall be responsible for making relocation,
assistance payments approved by San Diego and Carlsbad reserves tl
sight to make final determination in respect to all such payments
7, San Diego shall maintain complete files and records of a.
work done on Carlsbad's behalf under this Agreement which will be
available for inspection by Carlsbad. Such files and records, as
. well as all other information pertaining to the work to be perforr
under this Agreement, shall remain confidential and shall not be
made available to any individual or organization without prior
written approval of Carlsbad.
8, San Diego shall supply a monthly progress report to Carl:
setting forth the status of its relocation efforts on Carlsbad's
behalf pursuant to this Agreement. San Diego shall also provide i
additional reports which may be requested by Carlsbad.
9. Carlsbad shall assume the defense of, indemnify, and saw
harmless San Diego from all claims, expenses and liability of any
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nature directly or indirectly arising frbm or alleged to have
arisen from the operations conducted by San Diego pursuant to
this Agreement,
IN WITNESS THEREOF, the parties hereto have caused this
Agreement to be executed by the respective officers, duly authori
the provisions of which Agreement are effective as of the day,
I month and year first hereinabove written. *.
THE CITY OF SAN DIEGO THE CITY OF CARLSBAD
BY BY &4k vg/&/
RON~ALD e. PACKARD,
Mayor
ATTEST:
ALETHA L. RAUTENKRANZ ,
City Clerk
APPROVED AS TO FORM:
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City Attorney
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