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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