HomeMy WebLinkAbout1979-06-19; City Council; 5884; Relocation Assistance, Moreno/McChesneyJ0;7 j
CITY OF CARLSBAD
Initial
AGENDA BELL N0: �r��7 Dept. Hd. '
DATE:
June 19, 1979 Cty. Atty
Cty. Mgr.
DEPARTMENT: REDEVELOPMENT
SUBJECT:
RELOCATION ASSISTANCE, MORENG/MCCHESNEY
Statement of the Matter
The acquisition of property located at 3095 Harding Street
(St. Patrick's Churqh) and 2897 State Street (Dave's Radiator)
resulted in the assumption of certain relocation liabilities
associated with tenants on the subject sites.
At this time, it has been determined that the two tenants involved
are eligible for maximum in -lieu payments of $10,000•each.
The report indicates that the costs are mandated is a function of
property acquisition undertaken by public agency.
Exhibits
Redevelopment Coordinator's Report
Resolution No.
Recommendation
If Council concurs with the recommendation contained in the attached
report it should direct staff to:
a) Pay the McChesney claim from Fourth Year HCD Block
Grant Funds.
b) Pay the Moreno claim in two installments, the first
$5,000 to be paid immediately from the unappropriated
balance of the General Fund with the second installation
to be paid upon retirement to back rent indebtedness.
c) In addition, Council should adopt Resolution No. ,p/ O .
• Council Action
6-19-79: Council moved that the staff recommendation be followed
when satisfaction of Mr. Moreno's indebtedness to the
City has been made.
Council moved the the Mcdesney claim be paid
Council adopted Resolution No. 5810.
MEMORANDUM
DATE: June 8, 1979
TO: Paul Bussey, City Manager
FROM: Jack Henthorn, Redevelopment Coordinator`
SUBJECT: RELOCATION ASSISTANCE - MORENO/McCHESNEY
As you are aware, public agencies assume certain liabilities
relative to occupant relocation when they acquire property. In
the case of residential property acquisition their liability may
range from simple advisory assistance (referral) to payments
associated with increased rental or interest payments. In the
case of business or farm acquisition assistance can range from
advisory assistance (referral) to payments for fixed assets,
moving expenses, and losses associated with loss of patronage
resulting from displacement. (Attachment I provides more
specific information).
It is important to note that under the uri.form relocation laws
which were formulated to rectify inconsistencies between Federal
and State statue, "displacement" has nothing to do with whether
an occupant is evicted or moves voluntarily. The state views a
voluntary move as a displacement due to the "uncertainty" (real
or imagined) associated with occupancy of a publicly owned
property. (Excerpts from the Act are attached as attachment 2).
In the City of Carlsbad's instance two properties acquired in
the relatively recent past have been vacated. The first, 3095
Harding Street, or the property known as the "Old City Hall"
was vacated to make way for renovation activity associated with
the Harding Street Center construction program. The second
property 2897 State Street was vacated as a rest"- of the tenant's
recent construction of new facilities. Each of these properties
are discussed specifically below:
2897 State Street (Attachment_ No. 3)
This property was acquired in October of 1977. At that time it
was occupied as it had been since June, 1972, by Mr. David McChesney
doing business as Dave's Radiator Shop. Mr. McChesney vacated
the premises after due notice on April 13, 1979, moving to a
recently completed facility at 3235 Roosevelt Street.
Under the terms of the City's agreement with the City of San Diego's
Central Relocation Office, Mr. McChesney claim for relocation
assistance was processed and received by the Redevelopment
Coordinator on May 8, 1979.
June 8, 1979
Page 2
In the instance of this claim, Mr. McChesney's receipts (verified
by tax returns) over the past two years, the loss of patronage
associated with his new location, and the fact that his business
contributed over 33 1/3% of his annual gross income made him
eligible for an "in -lieu" payment of $10,000.
Since relocation costs were anticipated as a function of the
Fourth Year HCD Block Grant funded parking lot project, this cost
can be borne by the Block Grant Program.
3095 Harding (Attachment No.4)
This site was acquired by the City as a part of the Saint Patrick's
Church acquisition in October of 1976. At that time Mr. Vistor
Moreno, doing business as, North County Ballet Academy, occupied
the property as he had since 1972. The City allowed Mr. Moreno
to continue his occupancy until April 23, 1979, at which time he
was directed to vacate the premises due to the renovation efforts
being undertaken and the Historical Society's desire to move the
subject structure to Magee Park.
Mr. Moreno's eligibility is based upon the same general criteria
as outlined in the McChesney's claim. However, the costs associated
with this case were not anticipated as a part of the Harding Street
renovation project and will have to be borne by some other source.
It should be noted that Mr. Moreno, as a result of a lapse in
rental payments, owes the City some $4,000. According to Federal
requirements*, , back rent cannot be withheld from the total amount
due the claimant (Moreno). It appears advisable to, in some way,
ensure that this debt can be retired prior to releasing the total
payment. Therefore, it is recommended that a partial payment be
made pending resolution of the debt issue.
Conclusion
It is concluded that both claimants are eligible for in lieu
payments of $10,000.
Recommendation
Authorization should be sought to:
1) Pay Mr. Dave McChesney a $10,000 in -lieu relocation
assistance payment in accordance with State and Federal statute
and that such payment be made from the approved Fourth Year HCD
Block Grant Parking Lot project fund.
* Chapter 4, Section 2, "Attachment or set-off against claim" -
uniform Relocation Assistance Act.
}
1-1
June 8, 1979
Page 3
M+-
2) Pay Mr. Victor Moreno a partial payment of $5,000 pending
retirement of any back rent currently owed the City, the remainder
to be paid upon retirement of outstanding indebtedness.
JH/ar
Attachments
/6�W-4"
ACK HENTHORN
Redevelopment Coordinator
Mr,mon sNDUM
DATE: September 19, 1978
TO: Paul Bussey, City Manager
FROM: Jack Henthorn, Redevelopment Coordinator
t
SUBJECT: RELOCATION ASSISTANCE - MORENO
INTRODUCTION
On September G, 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 elicible 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 guarters;
(d)interest rate differentials; (e) applicant's selection of alternative
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:
1. Actual reasonable moving expenses
2. Actual direct loss of tangible personal 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 amount
equal. to the average annual net earnings of the business's concern
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 a
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 acquired
for another project or program and is engaged in the same or
similar business and
A-Tw-er T
The business contributes materially to the 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 their
interest in providing relocation staff services to the City on a
contractual basis. Cal Trans in recent years has become reluctant
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 would
be approved by the City Councils of both agencies.
HARDI'NG STREET CENTER
As a result of the Harding Street cetner project the City is faced
with its first relocation assistance case. The case involves the future
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 Iiarding Center program. Given the
preliminary schedule for completion of the project, Mr. Moreno will have
to vacate the premises on Harding Street not later than Dec�_ber, 1978,
Given the status of his project: on Roosevelt Street it appears as
though the relocation process should be instituted as soon as possible to
ensure that the City meets its obligations under State statute.
After talking with Cal Trans representatives, it appears as though their
contract process would be somewhat cumbersome for use in non -transportation
related cases. On the other hand, the City of San Diego would be capable
of providing staff services in transportation and non -transportation
related cases in a timely and efficient manner. However, the existence
of a contract with the City would not preclude use of Cal Trans in
transportation related projects.
RECOMMENDATION
Due to the compexiity of the relocation requirements it is recommended that
the City of San Diego be requested to provide the required services on
a cost basis.
A sample contract is attached hereto. The Director of Relocation Services
indicates that they could begin to process our caseload as soon as Council
authorises the staff to begin processing an agreement.
JII:ms
Sec. 7261. Relocation advisory assistance by public entity; local offices
(a) A public entity shall provide relocation advisory assistance to any person,
business, -or farm operation displaced because of the acquisition of real property by
that public entity for public use.
(b) : giving such assistance, the public entity may establish local relocation
advisory assistance offices to assist in obtaining replacement facilities for persons,
business, and farm operations which find that it is necessary to relocate because of
the acquisition of real property by the public entity.
(c) Such advisory assistance shall include:
(1) Determining the need, if any, of displaced persons for relocation assistance.
(2) Providirg current and continuing information on the availability, prices, and
rentals of comparable decent, safe, rnd sanitary housing for displaced persons, and
of comparable comme:cS;:l properties and locations for 'displaced businesses..
(3) Assuring that, wit::txx s reasonable period of time, prior to displacement, to
the extent that it can be reasonably accomplished, there will be available in areas
not generally less desirable it, regard to public utilities and public and domumercial
facilities, and at rents or prices vilhin the financial means of the
infamilies
numbertond
individuals displaced, decent, safe, aitd sanitary dwellings, equal
the number of, and available to, such disple-ed persons who require such dwellings
and reasonably accessible to their planes of emlJ oyment, except that, in the case
of a federally funded project, a waiver may be obtained from the federal government.
(4) Assisting a displaced person displaced from his business or farm operation in
obtaining and becoming established in a suitable replacement location.
(5) Supplying information concerning federal and state housing programs, disaster
loan programs, and other federal or state programs offering assistance to displaced
persons.
(6) Providing other advisory services to displaced persons in order to minimize
hardships to such persons.
(d) The public entity shall coordinate its relocation assistance program with
the project work necessitating the displacement and with other planned or proposed
activities of other public entities in the community or nearby areas which may affect
the implementation of its relocation assistance program.
Sec. 7262. Compensation for displaced person; amount
(a) As a part of the cost of acquisition of real property for a public use, a
public entity shall compensate a displaced person for his:
(1) Actual and reasonable expense in moving himself, family, business, or farm
operation, including moving personal property.
(2) Actual direct losses of tangible personal property as a result o£ movi:►g or
discontinuing a business or farm operation, but not to exceed an amount equal to the
reasonable expenses that would have been required to relocate such property, as
determined by the public entity. I r•%
�._...._� searching for a replacement business or farm.
Actual and reasonable expenses in
o accept
(b) Any displaced person who moves from a dmenisnauthorizedg who tbytsubdivision �(a)ts
horized by this subdivision in lieu of the pay '
311 receive a moving expense allowance, determined according to a schedule established,
dollars ($300), and in addition a
the public entity, not to exceed three hundred
lslocation allowance of two Hundred dollars ($200).
(c) Any displaced person who moves or discontinues his business or farm operation
who elects to accept the payment authorized by this subdivision pa lent in aieu of n amount payment
authorized by subdivision (a), shall receive a fixed relocation payment except
equal to the average annual net earnings of the business or farm operation, P
that such payment shall not be less than twithousand
scasefofehundred da businessolnorpaymenEOshallY
more than ten thousand dolllrs ($10,000).n
be made elocateds ithoutiansubstantialelosslic entity is Of patronage and is;nottaaparteofuainess
cannot bea r
es
acquird, which
commercial enterprise having aC least one other bmoftnot being this subdivision,eChe term
is engaged in the same or similar business. For purposes
"average annual net earnings" means one-half of any net earnings of the business, or
farm operatioee1 efreceedingatheore federl, staxableand
yearcin whichesuchebusinessor during
the
farm operation
years :media y P
moves from other perid
nesatoPbepmore equitableufordestablishing suire, or during suctch earnings;oandsthe includeslany
entity determirmi
compensation paid by the business or farm operation -to the owner, tiffs spouse, or is
dependents during such two-year or such other period. To be eligible for the payment
authorized by this subdivision, the business or farm operation shall make available
its state income tax records, and its finan:ial statements
nt and ac;c bytifig thisrecords,anding
-for audit for confidential use to determin: the payme
In the case of an outdoor adveTtis or replace such payment display, the hall be limited to the• splay.
amount necessary to physically
(d) Whenever the acquisition of real property used for a business ot; farm- opera-
tion causes the person conducting the business or farm operation to move from other
real property, or to move his personal property from -other real property, such person
shall receipadvisoryts for
assistanceand
underrelated
Sectionexpenses
for movingsubdivision
suchaor other(b)
and relocation
property.
A-7 AC h . 2-
THE CITY OF
SAN DIEGO BUILDING
HOUSING & COAib1 UNITY SER VICES Z)F.PARTAfENT • CITY OPERATIONS
1222 FIRST VENUE • SAN DIEGO, CALIFORNIA 92101
May 3, 1979
Jack E. Henthorn
n Redevelopment Coordinator
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Dear Mr. Henthorn:
Enclosed are claim forms for the relocation payment follows:
- `- Claimant Type of Payment Amount
DAVE'S RADIATOR SHOP In -Lieu Payment $10,000.60
PLEASE SEND CHECK TO RELOCATION OFFICE FOR PROCESSING. THANKS::
Sincerely,
d4ael es
Relocation Officer �^
LS:ap �ILJZ�V ii::
Enc. MAY 71979
CITY nc C. '" c PAD
ATt"{ 3
Farm A,orevad
DAAS Nn.063-R-1a61
FOR AGENCY USE ONLY
I me and Addrel/ of Agency 2. Name of Protect:
U. S. DEPARTMENT OF HOUSI7-TR
eludt Ztp Cude) DowntownvaenrlOEVEtovMENr y of CarlsbadCLAIM FOR RELOCATION PAYMENT FOR MOVINNCERNSS. 3, protect Numoer:NONAND PRCFETORGANIZAINESS CCNCERNS,
IIONSLATED EXPENSES /ANS0FARMOPERATIOvElmp''Veloia" nt Fnrty
123141
rjS
INSTRUCTIONS: This claim form .f'Of use in soolvtng for relocation oavment formoving and related exoentef of abus'nossconcetn. non.
Oroflt otgmitatio.l, of turn cowahon. ( Unlett utlttrtvlte:ndk4ttd on Chit loan, the term 'concern 'includes Dutlrtett mrtCunt, nonpro/if
It YOuf
uYnt:+nurtt. and)arm upernruvtxl You mar $only for ether (1) a Oavment for actuai moving and rusted exosnses. or t2) a Osymant inheu
tt
of a actual moving and "Hated taoenaef. The iota) agency reons+ntatwo well aolaln the dlffereneea betwe#n the two tvoes of Oavnlents and the
Mgibility foQuifamentf that ado1Y. tI You w,M, ten agency reoreaentanw will MID You tOmPbte chit form and the apoUcaDN fthedulea
ea. the
ocal agency will OroVld* YOU With
and the tt•Pf thatt yo df Am may �eatto haw Your Claim reviewed InlaC accordance h 9r evtnco Ofdceduret aat+D It71ed UnderfegulahOnf of the U. S.
reasonIOM OXP'gn*t'QM at the
oePartment of Housing and Vroan Development.
To APPLY FOR A PAYMENT. Com0lete PstJ 1 and 11 below, Como:ale and attach Me +pDlieW U fchedWe(f) all Indicated in Pan 11. and t101t
CartiNtatlon In Part IV an the favors* tide Of %"Is form.
NOTE: If you recewed M advance Payment. the amount of the advance sisym*nt will be deducted from Your cWen.
PART I —
rI�.Radlator
nCs
Shop
2, Location of eontern and d+tet of e•iove
a. AdCIM$ from whim concern moved'Include ZIP Code)
2. Name. Adtlrefs, and Teledhone Numoer of Person Filing Claim on benelt
of Concern Ili elude ZIP COdfl
Dave McChesney
C/o Dave's Radiator Shop
3235 Roosevelt Street
Carlsbad, CA
b. Date concern ettaobsned opar4tluns at wctaff In It
3a .
2631,:St4ta stralili_
June 1972
Carlsbad, CA
concern moved (Include ZIPCcdt)
d. Date mere Started
e. Data mow comolned
C. AddMIS to which
3235 Roosevelt Street
4/l/79
4/13/79
Carlsbad, CA
•
S. Type at Ownafenip: (ChCtk cant)
6. O10 concern diteontimle ooaationtl
I4. Type Of OoefatiOnl (Cif Cck OAC)
�C EulmauCantarn
9(saleProolNlatshlD
I Q YM f fR No
v Cr�w;etn Won to •eeeta0111nt
If " tf." oo:
�!
i.l Non OlOilt Organic allOn
❑ Partnetfnio
r•t
C No
1 U Fatmeperotion
❑ Coroofanon
PART 11— TYPE AND AMOUNT OF PAYMENT CL
at'a.
1nfM (Check and cOmpfRt etthV item t Ur ltt+n :1 ComoNted Amount
Cht ule
1. ❑ Claim for actual OAP 60 mciudmg A
a O Moymg eom arc..f $pstorageeaoia, storage ewes
0 Direct lost Of Drooffty _
c. Z Search tolls
o, V Total ISiun of Ltnft v, b.4 is
----------------
�( Claim to, Oayment m I.•u of actual MOvir.g $no
related ea0461 f _
{ d S
C I S
t� �•I S
D 1 S 10,0,Q4.0
Continued on Rfvotta Sale
----------------
3, Check s4Olicsole boatel aniv it Claim
inCludet an amount tat colts incurmd
in conn•.ctian wire:
Q k$*Itmove n/a
t7 Physical Chang#$ at the replacer-
menl etc
t7 Suoftuute equlpn dint It the
teolocement $Ito
4. Old you 060ive an advance Cavrneno
Q Yet If •'Yes:' how muerJ
No ?/A
HUD — 4004
t9 141
e
PART III —REMARKS Wsc thtt Part lurany aJdtrsona! inform+rsnn ur explmmnun ,
not adequettiv covered above or to the arracted schedule(sl.I
Any fill" sestarrnents nude Itnowingiv and willtully may subject the elatm� r • D penalties under Section 1001 of the United State Code and in I
addition maY result in forfeiture of the entire claim
PART IV —CLAIMANT'S CERTIFICATION (Check either Item 1 or )tent 2 to tndleare the rype 0 Pit ant applied Jor and agn below)
{, O Claim for payment lot actual moving and related expenses (under Section 202(4) of P.L. 91.646)
1 CERTIFY that file foregoing information snd the information submitted on the attached schedule($) is true and complete to the best of
my knowledge; that 1 (and, to the best of my knowledge, the concern indtcared in Pan 11 have not submitted any other claim for, or to -
calved, reimbunemant or cumptnsation for any item of loss or expense in this claim: that I land, to the best of my knowleLje, the concern
I f,tinouradnnt or compensation from any other source (Of any IteyA of this) claim: and that any bills or receipts tubmntted hetewith occur telY re leindcated in ?Off 11 will not 3cctP t moving sernees a tuall per ooimtd and/os or r expense
caid osts
to
actually Intuited.
I REQUEST payment in thL amount shown Part U. Line Id. The choice of type of payment was made on the basis of a full ax-
planation by he local agencY representative of the differences btfween the two types of payments available and the thgnbility requirements
for each.
I! +„ Claim for payment to lieu of sctual moving and related expenses (underSecribn 202/c) oJP.L. 91. 46)
1 CERTIFY that he foregoing information and the information submitted an the attached Schedule D is true and complete to the best of
my knowledge.
pe
payment was made on the
of a full
by hellocal Kenny t+presentative of he differences between the t" hypes ofyf payments available and the etigtbilits Yrequiremen requirements explanation
each.
1 CERTIFY that receipt of peyo*nt pursuant to this claim constitutes full settlement under state and federal law.
or Autnori:+0 ap+nn
Title Dau
APR 171979
RECEIVED
Nil*
WORKSHEET FOR DETERMINATION OF ELIGIBILITY Fling and addreu of Parson Project Nania:
Fling GermAaV NYC es V
FOR AND COMPUTATION OF PAYMENT FOR MOVING � aD ves � d� or'h Downtown
AND RELATED EXPENSES Name of Concarw CA 92008 Prolact Number:
(Business Concerns, Nonprofit Organizations. and Farm Operations) q gad tor t EhdiR 12 141
INSTRUCTIONS: Attach this form to the related claim form (4004) submitted by the claimant. Use Block H to explain any adjust-
ments made in computing the claim or, if applicable, for disapproval of a claim. Provide the claimant with an explanation, in writing, of
;,ny differences between amounts claimed and amounts approved. Complete Block A for all claimants. If claim is for P payment for
actual moving expenses, complete Block B. If claim is for a payment in lieu of actual moving expenses, complete Blocks F and G. Relo-
cation Officer who computed the payment, sign in Block C. Authorized official who approves the payment, sign in Block D.
r BLOCK A. GENERALINFORNIAT10N
1. Claim relates to displacement of: Kkeck one)
I.a. (a Business concern tb. C Nonprofit organization lie. Q Farm operation
2. Action establishing eligibility for Payment:
(Check app.icable but to mJnefe e.:rllrsr action establistlint claimant's elixibiluy jor a paYment and enter date of that action ordate claimant receive/
notification of the action, as a, pliable )
2a. Q Notice of intent to acquire the property 2e. Q Acquisition of property by agency
I Date: n/a Date: 10/20/77 --_
2b. (3 initiation of negotiations to acquire property 2d. M Notice to vacate the property
Date: ,
8/17/77 Dan: n/a
3. If applicable, date ctamunt received notice from agency
of its determination not to acquire the property:
NOTE: Except in certain specified cases (see HUD Relocation Handbook, Chapter 4, Section 1). receipt os a notre from the agency of its determination not
to acquire the property cancels eligibility for a payment. Hence, normally if such a notice has been served• the claimant viould not be eligible for a
payment and the balance of this worksheet need not be completed except far the explanation of disapproval of the claim in Block H.
4. Pertinent dates in connection with mode:
4a. ostemovestarted: 4/1/79 4c. Date elairnfiled: 4/16/79
4/13/ 7 9 4d. If applicable. date storage authorized: n/a
lab. Date move completed: '—'—
BLOCK B. COMPUTATION OF PAYMENT FOR ACTUAL MOVING AND RELATED EXPENSES
Amount Claimed (
Amount of
Amount Approved
Basis for Adjustment
(From Claim Form,
Adjustment
lCul, (at plus
(Ute Block H i%more
Item
Block 8, Item U
(*) or (—)
or nanut Col lb))
space is required i
la)
(b)
(cl
(d)
1. Moving and related expenses l&Y clotnt /ores, SchMulea)
Check it applicable• 0 Storage costs only
S
S
S
2. Direct loss of property ;See claim form, SeliettWe 8)
S
S
$
3. Search expenses (See Clain loan, Schedule CI
4. Total claim ISurn i:f Lines 1.:. and 3)
$
S
S
$
S
$
S. Amount of any advanev paid to claimant
$
S
S
G.Amount of this payment Il•i11e 4 ininus Lints)
$
S
1/
S
-+cat , this amount in Block 0 below.
IWarksheet continued on next page)
j
i
4
Page I,
-- -
BLOCK C. PERSON REVIEWING CLAIM AND COMPUTING PAYMENT
Tha attached claim wax wrilied and the amount of the payment computed by:
SI
Rolne.,Tien fIffteor
(SJdnarure) _rr
(if other then employee ofdfsplec*
gency, identify o;arty whh which
,JTwfat' - --
BLOCKO. AGENCY'S CERTIFICATION
1 CERTIFY that I have examined the claim, and -she substantiating documentation, and have found it to be in accord with the
Housing and Urban Development pursuant
applicable provisions of Federal law and the regulations issued by the Deportment of
thereto. Therefore, the claim in hereby approved and payment is authorized in the amount of S-,p•�wo ao-_
/Front Block B. Column (c). Lille 6. or from Block G. Lure 4.)
Sly\ �+�"�— j�ninr^Tine Almfnietr�Tnr
—
(Dort) (Sips Arrthori:ed Agency Official) � ryYstel
BLOCK E. 'RECORD OF PAYMENTS
Data Check Number
Amount
Date
Check Number
Amount
Date
Check Number
Amount
$
$
!
S
S
S
(Workshest continued -on next W901
^! BLOCK F. OETEF --.ATION OF ELIGIBILITY FOR PAYMENT IN LI', OF ACTUAL MOVING EXPENSES
IWRUCM, IS: Check applicable box in righthand columns to indicate type of operation. For each applicable eligibility requirement
listed in Column (a! check "Yes" or "No" in the appropriate rlghthand columns to indicate whether the eligibility requirement has been
met, and explain the basis for the determination in Block H. If "No" is checked for any one of the applicable requirements, a payment in
lieu of actual moving and related expenses may not be made.
rt Does Claimant Meet Eligibility Requirement?
Eligibility Requirements CBusitsass ❑Nonprofit Fain
Concern Organization Operation
Yet) I No Yes I No Yes No
(d) (e) (n (9)
1. Loss of patronage (Bbstness cwncern: nonprofit organs}anon) � \\ �\�� \
The business concern or nonprofit organtwrron) cannot be relocated without a substantial ��\�
loss of its existing patronage. X \� ��'\1 \
i. Part of
business c ncernestabish (or ito prolitnets concern. ns not a part of a comm
1'ha business concern (or rronpro/tt orroru:atrwtJ a not a part of a commercial enterprise or
organization having another attablishment which is not being acquired for the project and
which is engaged in the same or similar business or acttvity.t
X
\
\ �`
\ \
i
1 3. Income and earnings (Business concern: farm operation)
Outing the two taxable years prior to displacement, the business concern (or Jams opera Lw):
(Check applicable box(es))
\
��
34. •❑ Had average annual gross receipts of at least $2,000
X
\ \
3d. [3C Had average annual net earnings of at least $1,000
3e. ❑ Contributed at least 33.1 /3 percent of the average annual gross incomes of the
\
\
X owners (or operators)1
3d. ❑ None of the above
If "None of the above" (item Jd) has been checked, check "No" in Column (e) or (g), as
\ \\
applicable. Otherwise, check "Yes" in Column(b) or (f).
4. Nature of faroperationThe farm met the definition onf alfarm o0 forlrati nsprior to its acquisition, y �A \-, �\XX\\\�\\\RKRA 1
5. Acquisition of portion of farm (Complete if aKeno acquired only a portion of a fart) \ \`
(Check applicable boxes) \
lia. ❑ The part acquired by the agency mat the definition of a farm operation prior
❑ to the acquisition
fib. ❑ The acquisition caused the operatrh to be displaced from Ilia farm operation
on the remaining land \
V.
❑ The acquisition caused such a substantial change in the nature of the existing
farm operation as to constitute a displacement
5d. ❑ None of this above
If "None of the b Yes" n Co Column if)�en checked, check "No" in column (g).
Otherwise. secheck\ \\
Relocation Handbook, Chapter 6, Section 3, for interpretation of this rgquirement in certain specified cases.
".orksheet continued on next page)
t
54-
THE CITY OF
SAN DIEGO
HOUSING 6 COMMUNITY SERVICES DEPARTMENT • CITY OPERATIONS BUILDING
1222 FIRST AVENUE - SAN DIEGO, CALIF0IL41A 92101
May 4, 1979
r a
1979
Jack E. Henthorn
Redevelopment Coordinator CiSi QF, PARLSBAt?;
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Dear Mr. Henthorn:
Enclosed are claim forms for the following relocation payment:
Claimant Type of Payment Amount
North County Ballet Academy Business In -Lieu $10,000.00
PLEASE SEND CHECK TO RELOCATION OFFICE FOR PROCESSING, THANKS!
Since ely,
LU SCALES
Relocation Officer
LS:cjs
Enc.
pmwg-4
form Approved
FOR AGENCY USE ONLY
i 1. Name and Address Of Agency 2• Name of Prolect:
(Include Zip Code)
City of Carlsbad Downtown Redeyelopr>r
CLAIM FOR RELOCATION PAYMENT FOR MOVING Redevelopment Agency 3, Prolact Number
ANORELATEDEXPENSES (8USINESSCONCSRNS, 1200 Elm Avenue 123141
NONPROFIT ORGANIZATIONS, AND FARM OPERATIONS)
for
g and
ted excens" at a
iness conce-111.
prb i RUCTIorganization.Ocrsfarm oonahoncialon form is orfUnIts, Us* in otherwise ndicated on thts l0 molv,ng far a relocation t the terms concern, include$ business cosnce nt, nonprofit o
,,afit and or
urn 011a ll YOU n JODIy tar U?�Mf (I1 a Payment for actual moving and rotated expenses, or (2) a Coyment in lieu
fferences
fint trio two
of D&ythiprits
of actual moving and Wilted axPens!f youe —In. reUreAntat �tative iwtll halo YOU Complete h f form and he a000C301e SehadulasndIt Your
eligibility rfowrrrtNnt$ that AdjuY. stment
t
claim is and the not aporo YOd Of an U may fallstoMy Your claim NwwM iniaccordancelocal agency
th grievance will
P OCedura a:tabiiNed under requl+hOn3 of tfia V.S. reasonrjtxOn qxplanation at this
%
rial
Department of Mousing and rJfo+n 0evelopment.
TO APPLY FOR A PAYMENT, co"late PNts a &no 11 below. Cot"
and attach the aPPlieabla srtiadulat$) as indicated inPan I1, and fWn
certification it•. Put IV on he revere side of this form.
NOTE: If YOU fecgivd an ad'a'"a Payment, the amount of the advance P&YTMt will be tldYCYd from Your Claim.
-- PART I —
Nsme under Which Concem CJn is Operations.
North County Ballet Academy
3, Location of eonearn and dais of move
a oPcIMS from which conC$fn moved (Include ZIP Code)
3075 Harding Street
Carlsbad, CA 92008
e, Adores to which concern moved (include ZIPCddel
1005-A Elm Avenue
Carlsbad, CA 92008
4, TYPO Of Opaf&ttow ICIItek OneT
PO of OtvMrshiP: (Check one) ❑ Yes No
$dla PfOOfMLOrhiR
a tlwmat$ connrnIf "Yes;' does concern Oian to •Nst$blisniis/A
PartnerM.P NoNonOrotlt organi:aewn Vas Cc,00ration
U faimooeratton MO LINT OF PAYMENTCL..i.n2D
2. Name. Address, and Telephone Numb- of Person Filing Claim on behalf
of Concern (Include ZIP Code)
victor Moreno
c/o Borth County Ballet Academy
1005-A Elm Avenue
Carlsbad, CA • 92008
b. Date eoneern estaollMad operations at &ddross m Iteni 34.
1972
d. Date move rtartd a. 0 tta mova comolated
4/23/79 4/23/79
6a aidc---------
6 id eoncem Olsconhnue ooerabonst
PART 11 — TYPE AND A
A«acn
i i...... fehecA and fOmpiete errfie. m t dr ltem :1 COmpiaed ! Amount
7 Q claim for actual ox PennS, mcluding
a, Q Moving costs srid. it aoolicabu, storage costs
it. ❑ Olroct loss of Pf ODartY
C, n Search Cost$
d. C Total Nunl U1 Lines0'
Claim for Oavmont in lieu of actual moving and
related 41a041nses
d1;A6
is 141
A I$
C IS
I 0 s 10,000.00
Continued on Revers& Side
3• Check aooncacie boxlesl only if claim I
includes an smount for Costs incurred
in connection with! N/A
(3 A salt move i
C) Physical ahangat at trio repleeo-
men I Site
❑ Substitute aOuloment at the
roolocams, it Site
a. Old YOU f901" an advance CiV Tent$
0 Yes If "Yes. " how much) N/A
No
:1
PANT Ili —REMARKS (Use tilts Po.t fur any AJdidonal mJormartnrt ur exploitation
not adequatety cosered above or ut the attached schedu(e(Al.,
y i7
Any falr statements made knowingly and willfully MAY sub act the ate
claimant to penalties under Section 1001 of the United States Code and in
addition may right in forfeiture of the entire claim
PART IV —CLAIMANT'S CERTIFICATION (Check tither Item t or Item 2 to Indite aft the type of paynsnt applied for and sign below)
1, (3 Claim for payment for actual moving and related expenst7 (und"See on 202(d) ofP,L. 91646)
1 CERTIFY that the foregoing information and the information submitted on the attached schedule(s) is tells and complete to the best of
my knowledge; that 1 (ortd, to rile best o) my knowledge, tilt concern Indicated In Parr I) have not submitted any other claim for, or re•
nsir in
s claim. that
calved.
rein Parr I) wtll nott Of (acc "n ntmburn
re esnmsnt of compensatior stay learn of to n from any that ourceffoor Any Item of lossnd. to tile f or expense paid pursuantrily knowledge. the CO to
o
this claim; And that any bills ur fectipts submitted hetrvnth Accurately reflect moving services actually pttfofmtd and/or storage costs
setually Incurred.
1 REQUEST payment la the Amount shown In Part it, Line Id. The choice of type of payment was spade on the bull of A fu4 sx•
planation by Inc local agency tepfesentattve alerts differences between the two types o(psyments available And the eligibility requirements
for each.
_ C] Claim for payment In lieu u(+ctual moving and related expensQ (under Seer(on 202(e) 0/P.4. 91.646)
1 CERTIFY that the foregoing information and the information submitted on the Attached Schedule D is true and complete to the best of
my knowledge.
of 3 full
by hellocall agency feprssenfAuEST p3yrnent in the aount shown in Part It. Line Z. iva of the d frefences between thetwo types of payments available a d the eligibility s
reyuirements fortion
each.
1 CIATIFY that receipt of paynent pursuant to his clale camtltutas full s,ttlettrrtt under state and fedareI law,
t
Signature
Date,
`-- Ne $no Addr+o or Perron Project Name.
WORT SHFE'. FOR DETERMINATION OF ELIrIBlL17Y Piiinotiaim. Victor Moreno
FOR AND CGh1PUTATION Of PAYMENT FOR MOVING _ rarlc R�deveteemet
AND RELATED EXPENSES Nenra of foneern: North Count roj+ct Number:
(Business Concerns, tionprolitOiganizatiors, and Farm Operations) Ballet Academ 123141
INSTRUCTIONS: Attach this form to the related claim form (4004) submitted by the claimant. Use Block H to explain any adjust-
ments made ir computing the claim or, if applicable, for disapproval of a claim. Provide the claimant with an explanation, in writing, of
any differences between amounts claimed and amounts approved. Complete Block A for all claimants. If claim is for a payment for
actual moving expenses, complete Block B. If claim is for a payment in lieu of actual moving expenses, complete Blocks F and G. Relo-
cation Officer who computed the payment, sign in Block C. Authorized official who approves the payment, sign in Block D.
BLOCK A. GENERAL INFORNTATION
1. Claim relates to displacement of: IC71eCk ate)
lb. ❑Nonprofit organization te. ❑ Form Operation
i.e. $k Business concern ,
2. Action establishing elidibJ0 for payment:
(Check appf:cable box to M&Cere ecrlrnt action establishing claimant i eligibility for a payment and enter dart of that action or date claimant reeuv
notification u) the acnon, as a; pbcablt)
t 2e. n� Acquisition of property by agency
2i. ❑ Nona of intent t0 acquire the property �X '
Date. N/A Date: 10/7 Tr,
2b. Alnitiation of negotiations to acquire property
2d, ❑ Notice to vacate the property
Date: 6/ oM Date' _ N/A
3. if applicable, dale claims it received notice from agency
of indetermination not to acquire the property:
NOTE: Except in r,rtain specified cases (see NUD Relocation Handbook, 0apter 4, Section 1), receipt of a notice from the agency of its determination not
to acquire the property cancels eligibility fur a payment. Hence, normally if such a notice has been served, the claimant would not be el;gible for a
payment and the balance of this worksheet need net be completed except for the explanation of disapproval of the claim in Block H.
4. Pertinent dates in connection with mode:
4/23/7� s<. Date claim filed: A/23/79
4a. Data move started: —
4b. Date move completed: )1/23rr79 4d. If applicable.datestorage authorized:
BLOCK B. COMPUTATION OF PAYMFNT FOR ACTUAL MOVING AND RELATED EXPENSES
Item
Amount Claimed
(From Claim 111m1,
Block B. Isern 11
(a)
1
Amount of
Adjustment
('1 or I-)
(b)
Amount Approved
IC01. (al plus
or minus Col. W)
10
Basis for Adjustment
(Use Block 11 if more
space is required!
1d)
S
e
S
1. Moving and related expenses ISM claim )onn. S,holule4)
Check d applic3ble' � Storage costs only
S
S
$
2. Oirzct loss of property,See claim )cam Sellnlule B)
d. Search he!Ste claim form, Schedule C)
S
S
S
4.'Total claim (Suntuf Lutes 1,:,and 11
S
S
S. Amount of any advance paid to Clair ant
6•.Amount of this payment 1Luit 4 mtnus Lint .t)
S
$
$
S
S
$
t„
i Ants, this Amount in Block D below.
lyyarkslseet continued on next P39e1
Page I,
BLOCK C. PERSON REVIEWING CLAIM AND COMPUTING PAYMENT
The attached claim wit verif iad and th_e amount of the payment computed by:
/
RPlnraiinn nff1Cg r
ISi�netureJ instal (Fete)
I)f other thin employee of dttpkcit
gency. identify agency with which
red.
BLOCK0. AGENCY'S CERTIFICATION
1 CERTIFY *that I have examined the claim. and the substantiating documentation. and have found it to be in accord
with the applicable provisions of Federal and State law and the regulations adopted by the Displacing Agency Pursuant
is authorized in the amount of S 1 O .000.00
therato. Therefore. the claim in hereby approved and payment
(from Stock B. Column ic). Lure 6. or from Block G. Lute 4.)
t�aY 4 s�<R r
(Dote) TStptature of Atuhorf:ed Agency Official) j mile)
BLOCK E. .RECORD OF PAYMENTS
pate
Check Number
Amount
Dau
Check Number
Amount
Date
Chock Number
Amount
S
S
S
$
$
S
(WeNksheat continued on neat Pagel
Pale 2
4004 E
BLOCK F. DETERMINATION OF ELIGIBILITY FOR PAYMENT IN LIEU OF ACTUAL MOVING EXPENSES
INSTRUCTIONS: Check applicable box in righthand columns to indicate type of operation, or each applicable eligibility requirement
listed in Column (a), check "Yes" or "No" in the appropriate righthand columns to indicate whether the eligibility requirement has been
met, and explain :;re basis for the determination in Block H. If "No" is checked for any one of the applicable requirements, a payment in
lieu of actual moving and related expenses may not be made.
Does Claimant Meat Eligibility Requirement?
gausinns
❑ Nonprobt
4 S m
Ellgibllity Requirements
Concern
Organization
Operation
Yes
No
Yes
No
Yea
No
(b)
(a
(d)
(e)
in I
(9)
1. loss of patronage /3tamrst concern: nan;►o)it orjanr:anon)
\\\�
The business concern for nonpMJit Orjant:afrun/ Cannot be relocatedwithout a substantial
\\•
lost of its existing patronage.
`\'
2. Part of another establishment 18ustnrss COncrm: nonprofit OW111:atton)
The business concern lot IIOnv/O)It O/,Ya/Il:afiWt) is not a Part Of a COnhrritftial tntatprl>• or
\ \
�\
\\\\\\ \
�\0 ,
organization having another attablishment which is not being acquired for the protect and
which is engaged in the s=e or similar business or activity.
$. Income awn aarninr's (Bunxrss concern. lean operatwnl ?Not applicable in/FHWA)
_d
Ouring the UVO taxable years prior to displacement, the business concern (or farm OPeration):
(Check applicable bot(es))
\�
3a. •fp( Had average annual gross receipts of at least $2.000
\
Ob. Had average annual not timings of at toast $1.000
\
\\
Se. Yi( Contributed at lust 19.1/3 Percent of the averspt annual yeas incortht of the
)(
\
owntn for oprrorors)
7d. ❑ None of the above
Jf "No. of the above" (item 3d) has been checked, check "No" In .:Olumn (C) or W. as
applicable Otherwise. Chtck "Yes" in Column ;b) or /f).
.\
4. Nature of farm operation (Complete for all forms) �l A
{ \�
The farm met the definition of & farm operation prior to its scouisitic,
!!. Acquisition of portion of farm(ContplerelfaKenevacquired only aportion ofaformJ
1 \
\ \`
\
TCSrck applicable box(cs) 1J/A
\
U. ❑ The part acquired by the agency mat the definition of a farm opersoon pr or
(3 to this acquisition
the to be displaced from the farm operation
\�\
Ba. ❑ The acquisition caused operatiR
on the remaining land
\
ge. ❑ The acquisition caused such a substantial change in the nature of the existing
\
\
farm operation as to constitute a displacement
gd. ❑ None of the above
If "None of the above" I ttent Jd) has been checked. check "No" in column /X)•
Otherwise, check 'its" in Column if).
—Sea HUD Relocation Handbook, Chapter 6, Seaton 9, for interpretation of this requirement in certain spec fled cases.
tWorkshott continued on nttt Pagel
Page !
4004 E
3 RESOLUTION NO. 5810
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING THE
.3 TRANSFER OF FUNDS IN CONNECTION WITH THE RE-
LOCATION OF VICTOR MORENO FROM CITY OWNED
4 PROPERTY AT 3045 HARDING STREET.
5
6 BE IT RESOLVED by the City Council of the City of Carlsbad
7 as follows:
8 1. That the transfer of ten thousand dollars ($10,000)
9 from the Unappropriated Fund Balance Account #1-000-0900 to
10 Redevelopment Professional Services Account #39-228-2450 is
11 hereby authorized and approved.
12 2. That Department of Finance Fund Transfer No. 42 on file
13 in said department and incorporated by reference herein is
•14 approved.
15 PASSED, APPROVED AND ADOPTED at a regular meeting of the
16 City Council on the 19th day of•
June , 1979 by the
17 following vote, to wit:
18 AYES: Mayor Packard, Councilmen Lewis, Skotnicki, Anear and
Councilwoman Casler
19 NOES: None
20 ABSENT: None
RONALD C. PACKARD, Mayor
22
23 "--
x
24ICJ
ENKRANTZ,C Clerk
25 By: Anita Dack Murphy, Deputy City Glerk
26 (SEAL)
27
28
,
!1