HomeMy WebLinkAbout1977-09-20; Carlsbad Redevelopment Agency; RA-102; REAL ESTATE AQUISITION AND RELOCATION POLICYIt CA;, rn. BAV REDEVELOP~AENT AGENCY 0 '*
INITIAL: AGENDA, BILL NO: RA-102 Tx-im. 3
MEET1 NG 0 F : SEPTEMBER 20, 1977 . AGENCY AT7-Y.g
COORDINATOR.$
SUBJECT: ., .. ..
REAL ESTATE AQUISITION AND RELOCATION' POLICY.
STATEMENT OF. THE MATTER:
REQUEST :
At it's meeting of September 6, 1977, the City Council
directed staff to prepare the appropriate documents for the Redevelopment Agency's adoption of Real Estate Aquisition and Relocation Policy.
The attached Resolution and policy is.hereby presented
for your consideration. Upon adoption, these documents
Acquisitions undertaken by the Carlsbad Redevelopment Agency.
. will serve to guide any ana all future Real Estate
EXHIBITS:
Real Estate Aquisition and Relocation Policy
Agency Resolution No. 5
RECOMMENDATION : ..
It is recommended that the agency adopt the attached policy
and procedure for all Real Estate Acquisitions and Relocation Policies undertaken by the agency. If the agency concurs,
your action is to adopt agency Resolution No. 5. .
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Y?EMORANDUM
DATE : SEPTEMBER 6, 1977
TO :
FROM:
HONORABLE MAYOR, MEMBERS OF THE CITY COUNCIL
JACK HENTHORN, REDEVELOPMENT COORDINATOR
mr @6R!%!@??6hl !!6 !-!!!E ElbFATE ,A~OTJTbI?lIbN AND
RELOCATION 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 other responsible function in conjunction with the City's activities
It is the policy of the City Council that conflict of interest
safeguards will be established as follows:''
The underlined wording was inadvertantly omitted from the
original agenda item.
It is requested that prior to takfng official action on this
item that council officially not the correction as made above,
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, REAL ESTA~E 9 ACQUISITION AND RELOCAT e N POLICIES
CAFUSBAD REDEVELOPMENT AGENCY
Introduction
The purpose of these policies is to set forth practices to be
followed with respect to the acquisition of real property by
the Carlsbad Redevelopment Agency and the relocation of res-
idents and businesses that are affected by the purchase.
State and federal statutes place with the local agency ,the
responsibility to ensure the integrity of the entire acquis- ition process. The checks and controls'that are established
by these policies are promulgated so as to avoid even the
appearance of dishonesty, favoritism or collusion. The
primary purpose of the uniform relocation and property acquis-
ition acts, as legislated by both the State and Federal gov- ernments and as this policy as proposed, is payment of just
compensation to property owners and the subsequent fair treat-
ment of residents and businesses. Both the State of Calif-
ornia and Federal Governments have adcpted uniform practices
with this respect. These policies promote adherence to these
adherence to these uniform guidelines whether utilizing federa
funds from the Block Grant dr monies from the redevelopment
process via tax increments, City general funds, etc. Should
other Federal funds be used, i.e., Federal highway monies, it will be necessary to follow the practices as required by the specific funding source.
uniform practice,s with this respect. These policies promote
Policy
1, All property owners are to be dealt with fairly and equit- ably in the agency's acquisition of lands or interests therein.
2. Offers to purchase will be based on the concept of "fair
market value" as. supported by current appraisal practices.
3, Negotiations will continue in good faith for as long as reasonable, so long as hope of settlement exists.
4. Condemnation will be utilized when negotiations have
. funding sources or construction schedules.
5. The relocation assistance program will be fairly admin-
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broken or if required to meet time restraints imposed by
istered to ensure all owners receive any and all benefits to which they are entitled and that residents and tenants are treated in a reasonable and fair manner; a minimum
of 90 day's notice will be given to all who are required
to move.
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Procedures
I. Owners shall be advised of the commencement of the apprais
'and shall be afforded the opportunity to present any evide deemed pertinent to their property value with such evidenc being duly considered by the appraiser in arriving at the
estimate of "fair market value".
2. One independent appraisal shall be required for all proper
subject to acquisition. Additional appraisals will be obt ed should the following circumstances occur:
a. Complicated status of parcel due to, but not limited t
factors such as zoning pecularities, lack of comparabl sales data, topography difficulties, or potential,
' questionable reuse.
.b. Inordinately high value of the parcel; another indeper evaluation would be in the best interest of the public
3. All appraisals will be subject to a review prior to deter-
mination of just compensation. The review will address tl-
adequacy of appraiser's documentation, the soundness of tl- appraiser's reasoning and whether the appraisal conforms with accepted practices.and in particular, the correctness of the appraiser's opinion of "fair market value". The
review may be conducted either by agency staff or others 2
appropriate.
4. The appraiser shall employ recognized appraisal techniques
to ensure the valuation is unbiased, fair and equitable tc
both parties.
5, The negdtiator, who in no instance shall be the same indiy idual who appraised the property, shall provide the owner2
with a written statement and summary of the basis of the
amount estimated as just compensation.
6. The agency's offer at first contact shall be the full estj
mate of market value supported by appraisal with no portic
withheld for further concession. The'desired result is tc produce a settlement based on market- value without requirj
the property owner to seek expert assistance.
7. 'Negotiations shall continue until eikher a settlement is
effected or an impasse is reached. Any data which may con
to light which was not known or considered by the appraise shall be examined to determine its effect on the fairness of the appraisal. If justified, adjustments in the appral will be made.
8. A condemnation process shall not be used as a coercive tactic but only when negotiations have been deadlocked or
to ensure that. project construction may proceed on schedu:
or to meet time .restraints imposed by funding sources.
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9* Negotiated.settlementS will not be conducted at unjust- ified values merely to avoid litigation.
10. The agency shall at all times endeavor to effect a nego-
tiated settlement even during the condemnation process until a court settlement conference has been held.
ll. The relocation assistance program will be fairly administe
they are entitled. Reolocation assistance shall in no way to enSure all Owners receive any and all benefit- to which
be a part of the negotiation process for the purchase of property,
12. Any substantial change in settlement from the approved appraisal value must be supported and signed by the agency
executive director.
13. Compensation will be made available to the owner before
possession of property is taken.
I40 In accordance with Federal and State law, the relocation Payments for families and individuals are permissable as follows:
a, A payment for actual moving expense or the total Of:
1, A fixed moving expense not to exceed $300.
2, A dislocation allowance of $200.
b. Displaced homeowners may receive payment up to Sl5,OOO (amount dependent upon State and Federal guidelines) if the acquired dwelling was owned and occupied for
not less than 6 months prior to the initiation of neg-
otiations.
15. In accordance with the Federal and State law, the relocat payments for replacement housing for tenants is as follow
Displaced families and individuals may receive a payment
up to $4,000 (amount determined by Federal and State
regulations) if they'occupied the acquired property at le
90 day's prior to initiation of negotiations;
16. Moving and related expenses for businesses consists of:
a, Actual reasonable moving expenses b. Actual direct loss of tangible personal property-
C. Actual reasonable expenses in searching for replaceme
location
OR
A fixed Payment in lieu of the payment described abov
in an amount equal to the annual net earnings to the
businesses concerned or farm operation except that
the Payment may not be less than $2,500 or more than $10,000.
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' V, ' b e e
17. Conflict of Interest
Conflict of interest exists in any case where the owner c
an interest in real property which is .to be acquired by t
agency serves as an officer or employee or exercises any
other responsible function in conjunction with the agenq
that conflict of interest safeguards will be established follows:
The person who has deemed a conflict of interest will dis close the potential conflict to the agency and the agencl
legal counsel. The agency will acquire any such propert1
through the condemnation process and let the court deter- mine just compensation for the property.
'Adoption of Guidelines
In all matters relating to the acquisition of real property fc
public purposes and relocation assistance not expressly out- lined above, it is the intention of the agency in adopting thi
policy to adopt the substance of the California Relocation
Assistance and Real Property Acquisition Guidelines of the St2 of California 'Department of Housing and Community Development
as contained in the California Administrative Code .Title 25, Chapter 6. Where required by Federal law, the agency intends
,to also be guided by the uniform relocation and property acqui
ition laws, guidelines and policies as adopted by the Federal Government.
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RESOLUTION NO. 5
A RESOLUTION OF THE CP.RLSBAD REDEVELOPMENT AGENCY, ADOPTING REAL ESTATE ACQUISITION AND RELOCATION POLICIES PURSUANT TO THE REQUIREMENTS OF TITLE 7, DIVISIOh 7, CHAPTER 16 OF THE CALIFORNIA GOVERNMENT CODE.
WHEREAS, it may be necessary for the Carlsbad Redevelo
Agency from time to time to acquire private property for pu
purposes; and
WHEREAS, Title 1, Division 7, Chapter 16 of the Califo
Government Code requires the Agency to adopt rules and regu
to implement payments and to administer relocation assistan
which must be in conformity with guidelines adopted 'by the :
of California Commission of Housing and Community Developmer
WHEREAS, said Commission has adopted a comprehensive sz
guidelines as Chapter 6, of Title 25, of the California Admi
istrative Code; and
WHEREAS, the Federal Government has also adopted unifor
relocation. assistance laws and guidelines which apply to the
Agency's acquisition of real property pursuant to certain
federally funded programs; and
WHEREAS, a. policy for real estate acquisition and reloc
6y th.e Carlsbad Redevelopment Agency has been prepared, in-
' corporating the substance of the federal and state guideline
copy of which fs attached hereto as Exhibit A, and made a pal
hereof;
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Redevelo1
Agency as Tollows:
7. That the. above facts are true and correct.
2. That the Real' .Estate Acquisition and Relocation Poli
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attached hereto as Exhibit -A is adopted 'for use by the Carls
Redevelopment Agency.
PASSED, APPROVED, AND ADOPTED by the Carlsbad Redevelop;
Agency at a regular meeting held on the day of -
1977, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ATTEST:
ROBERT C. FRAZEE, Chairman
MARGARET E. ADAMS, City Cl'erk
(SEAL 1
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