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HomeMy WebLinkAbout157_CCv0001.pdf RESOLUTION NO. 157 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, CALIFORNIA, ADOPTING RELOCATION RULES AND REGULATIONS . WHEREAS, the State of California Department of Housing and Community Development has adopted State Relocation Guidelines, which guidelines are intended to establish a statewide uniform relocation policy; and WHEREAS, the Government Code of the State of California re- quires that all public entities adopt rules and regulations to implement payments and to administer relocation assistance, which rules and regulations shall be in conformity with the guidelines adopted by the Commission of Housing and Community Development pursuant to Section 7268; and WHEREAS, it is the intent of the Redlands Redevelopment Agency to hereby adopt rules and regulations which are in con- formance with the State Relocation Guidelines adopted by the State of California Commission of Housing and Community Development; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Redlands as follows: SECTION is The "Redevelopment Agency of the City of Redlands Relocation Rules and Regulations and Schedules - Moving Expense ' Allowance" attached hereto and incorporated herein by this refer- ence, are hereby adopted by the Redlands Redevelopment Agency. SECTION 2: The Executive Director of the Redlands Redevelop- ment Agency is hereby empowered to make minor administrative and technical changes in said Relocation Rules and Regulations and Schedules - Moving Expense Allowance, but that any change which affects the meaning or substance thereof shall be approved by the Redevelopment Agency. ADOPTED, SIGNED AND APPROVED this 5th day 61 April, 1977. ATTEST: I" dh, alrman ',", 6db' v6 Amen ncy City 4 Redlan e- ci;vt* ,ry' - ' 6/­- APPROVED FOR FORM: sl Edward F. Taylor City Attorney REDEVELOPMENT AGENCY . . OF THE . CITY OF REDLANDS, CALIFORNIA tom* RELOCATION RULES AND REGULATIMLIS ski:k e ADOPTED MOCATION RULES AND REGULATIONS *x* (S 100) STATEMENT OF POLICY California Government Code, Section 7268, provides that the governing body of a public entity is authorized to adopt rules and regulations to implement relocation advisory assistance and payments. Pursuant to such authorization , the Redevelopment Agency of the City of Redlands, California, are adopting these rules and regulations for all displacement caused as a result of acquisition of real property by the Agency for all non federally assisted projects and to: A. (S 101) Insure that relocation payments and assistance shall be administered in a fair and reasonable manner, and as uniform as practicable, to displaced persons, and R. (S 102) Insure that relocation payments will be made as promptly as possible. (S200) DEFINITIONS A. (S- 201) "Agency" means the Redevelopment Agency of the City of Redlands, California a public entity. U. (S 202) "Person" means any individual, partnership, corporation, or association. C. (S 203) "Displaced person" means any person who moves from real property, or who moves his personal property from real property, as a result of (1) the acquisition of such real property, in whole or in part by the Agency of (2) a written order from the Agency to vacate such real property. A person qualifies as a displaced person if: IZ. co (S 203) Continued : a 1. Such person moves or moves his personal property on or after a e July I, 1972; and 2. Such person is displaced as a result of acqui.siton which includes: a a. The acquisition of the property (the obtaining, of title or • . �iUht to possession) ; or a b. The receipt of a written order to vacate; or - • e. The receipt of a written notice of intent to acquire, and/or Coffer to purchase for a stated price, provided that acquisition thereafter takes place. Provided, however, after an eligible displaced person vacates and re- ceives relocation assistance no subsequent occupant of the same unit of property -will be eligible as a displaced person. D. (S 204) "Business" means any lawful activity, except a farm operation conducted primarily: 1. For the purchase, sale, lease, or rental of personal and real , property, and for the manufacture, processing, or marketin- of products, commodities, or any other personal property; 2. For the sale of services to the public; 3. Sy a non-profit organization; or 4. Solely for the purposes of S 403 of these rules and regulations, for assisting in the purchase, sale, resale, manufacture, processing or marketing of prodLicts, co=odi.ties, perscinsl property or services by the erection and maintenance of an outdoor advertising display, whether or not such display is located on the premises on which any of the above activities are conducted. s « TIT xl. E. (S 205) "'Farm operation" means any activity`conducted solely of pri- warily for the production of one or more agricultural products or con- • • modities, including timber, for sale or home use, and customarily pro- ducing such proddcts or commodities in sufficient quantity to be ca- / pable of contributing materially to the operator's support. '. (S"200) Affected property means any real property which actually declines in fair market value because of acquisition by the Agency of other real property and a change in the use of the real property acquired by the Agency. G. (S 207) "Public use" means a use for which real property may be acquired by eminent domain. H. (S 208) "F_xecutive Director" means the"chief administrative officer of the Redevelopment :agency of the City of Redlands, California or his designated representative. 1. (S •203) "Mortgage" means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of real property, together with the credit instruments, if any, secured thereby. J. (S 210) "Comparable replacement dwelling" is a dwelling which is (l) decent, safe and sanitary and adequate in size to acco=odate the dis- placed person; (2) in an area not subjected to unseasonable adverse ea- vironmental conditions from either natural or man-made sources and not generally less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities and reasonably accessible to the displaced person's present or potential place of em- ployment; (3) available on the private market to the displaced parson and available to all persons regardless of race, color, religion, se.;. s • • M � i - � s MM,• • •♦ .. e w • s .tql• • •• • • M"wl N.ww s" • www r . r ..r..awr e.. (S 224) 0;ontinued . + or motional ori-in in a wanner consistent with Title VIII of the Civil Rights Act of 1968; (4) to the extent practicabla and where consistent with subpara;raph (1) of this para;ragh, functionally nt and substantial) the same as the. acquired dwelling with egglvale y �I respect to area or living space, age and state of repair; and (S) within financial weans of the displaced person provided that this ... "subsection 5 shall be construed only in accordance *,With.the intent to put such person in an equal or better position_ K. . (S 211) "Decent, safe and sanitary housing" means housing in sound, cleanand weathertight condition, in conformance vita the liousic. Codes of the City of Redlands and with occupancy standards th_.t shall conform with said Code. I.. (S 212) "Project" shall mean any non fedarally assisted Radevei,opment Project adopted pursuant to the California Coc.-pnity Redevelop-nen: Law or any activity related to such a Redevelopmew: Project. IL (S 213) "Initiation of negotiations" means the initial csrittea offer wade by the Agency to the owner of real, property to be acquired for the amount established by the Agency as just compensation for such property. III. (S 300) RELOCATION -UVTSORY ASSTSTANCE A. (S 3031) The Agency shall provide relocation advisory assistance. to any , . person, business or farm operation displaced because of the acquisition of renal property by the Agency. li. (S 3032) Relocation advisory assistance shall include the foll.ot-in : (1) Determining the need, if any, of displaced persons for relocation ,assistance. B. (S 302) Continued) a F 12) Providing current and continuing information on the availability, • . prices and rentals of comparable, decent, safe, and sanitary housin for displaced persons, and of comparable commercial pro- pertles and locations for displaced businesses_ (3) Assuring that, within a reasonable period of time, prior to dis- placement, placement, to the extent that it reasonably can be accomplished, there will, be available in areas not ,generally less desirable in. regard to public utilities, places of employment, and public and Commercial facilities, and at rents or prices wi.thia the financial j3eans of the families and individuals displaced, decent, safe and sanitary dwelling, equal in number to the number of, and available to, such displaced persons who require such dwellings 4nd reasonably accessible to their places of employment. (4) Assisting a person. , displaced from his business or fare operation lu obtaining and becoming established i.n a suitable replacez-e^t " location. . (5) Supplying informatiorn concerning federal. and state housing pro- grams, and other federal or state programs offering assistance to displaced persons. (6) Providing other advisory ser-,ric.es to displaced persons in order to minimize hardships to such persons_ C. (S 303) The Agency shall coordinate its relocation assistance program with the project work necessitat?_r- the displacement, and with activities of other public entities in the City of Redlands or nearby areas which tray affect the implementation of its relocation assistance program. 1Y. (S 400) Rf'LOCATIOy rAr EYrS . A. Actual Movin^.; E-npenses. Temporary- Moves and Direct Loss of T,angibl- • Personal Property* (I) The Agency shall compensate a displaced parson for the following expenses. {S 401) a. Actual and reasonable expenses in moving himself, family, 4 business, or farm operation including moving personal property, a dis- tance within a 50 mile radius of the Redlands City limits. Tra asporta- tion expenses for moving a longer distance may by compensable if the Agency finds thew justifiable. Moving expenses shall include the trans- portation, packin-, and crating of personal property, obtaining bids or estimates for such transportation, insurance, disconnecting, dismantling, removing, reassembling, reconnecting, and reinstalli:ag machinery, equip- %neat or property (including goods and inventory kept for sale in the Case of business concern or non-profit organization) rot acquired by the Agency. In the case of a business or .farm operation move the cost of r any addition, improvement, alteration, or other physical change in or to a structure in effecting such reassembly, reconnection or reinstalla- tion shall not be included as an Agency e.cpense unless the E.:ecutive Director determines that such addition, improvement, alteration or other physical change is required by lacy or is necessary to the reinstallation of equipment. (S 402) b. A business concern or farm operation shall be compensated for one trove only exc^pt cohere found by, the acccutive Director that more than one move is in the public interest. (S 103) c. Actual direct losses of tangible personal, property as a res -6- IV. A. (S 403) it. Continued i i . < -of novIng or discontinuing a business or farm operation, -:"but. not to e=eed as amount equal to the reasonable expenses that would have_been, xeguIxetl to relocate .such property within h 50 mile radius of the Red- IMCIS City-'limits, as determined by the Executive Director. The in-+use, value of the personal property for continued use ;at its location prior_ i to the displacement shall be ascertained by an appraisal secured by. the Agency. Direct lass shall,be based on appraisal for in-use value minus the amount received xahen sold. the..Executive Director determines that the value of the property for ich actual direct loss of property is claimed does not -arrant the eases of an appraisal, the fair market value for such: continued use shall be computed as follows: .ane original cost of the item (e::clt:si:ve tai installation) multiplied tipli.ed by the figure obtained ned b y dividing the prod ZA of tha remaining useful life of the property, as determined by the E ec tit Director, at the crate of its acquisition by the claimant. tS 404) dp Actual and reasonable expenses not to exceed five hu-adred ($50€1.40) dollars in searching for a replacement business or farm operatior provided that such business or farm operation has been displaced by the Agency's acquisition of the real, property occupied by such business within, a 50 mile radius of the Redlands City limits. `R:easonable expenses in- clude only transportation to be computed at ten cents (IQ ) per mile and time spent in searching, based on the hourly wa.ge rat'e of the salary or earnings of the displaced person or his representative, but not to exceed heft dollars ($10.00) per hour, and fees p eict tip ;a real estate broker to p a +IYw firw_ a r , r A ° r r 4 ♦ ♦ r • .• r4 `! op M ii• w +a r w.♦.+ .., . IV. A. (S 404) d• Continued locate a business or farm operation sit. (2) REquirements « _. (S 405) a. In order for a business or farm operation to be eligible " for the expenses set forth in Section 401 through Section 404, as appro- priate, the business owner shall give the Agency at, least thirty (30) days written notice of his intention to :move or dispose of persoaalapro-" perty, unless waived by the. Executive Director, and shall permit at all reasonable times, the inspection by or on behalf of th4i Agency of such personal property prior to the move. (S 406) b. A* claim for payment shall be supported by a bill or other evidence of expenses incurred. (S 407) c. Each claim For cost in excess of five hundred ($500.CO) dollars for moving shall be supported by a written bid or esti=ate sub- witted to the Agency prior to the move from at least two reputable moving . x firms unless the Executive Director determines that obtaining two (?} gids is not feasible or necessary. The payment shall not emceed the mount of the lower responsible bid. If the business or farm operation moves himself, the amount of the payment shall not exceed the amount of the lowest responsible bid. (S 408) d. Moving expense payments shall be made only after the clove has been accomplished except in `:ardship cases «as determined by the Executive Director. (S 409) e. In order to obtain a payment for direct loss of personal pro- perty, the displaced person .hall make a bone Fide effort to sell the IV. A. CS 409) e. Continued •' persoual •property 'for which the loss is claimed at the highest price offered after reasonable efforts have been made over a reasonable period of time to interest prospective purchasers. If the amount realized from the sale, after deducting ordinary and reasonable expenses of the sale, " is less than the continued in-use value, the difference between, the net amount realized and the in use value shall by the amount of actual direct loss of-property. A trade-in of the property may be considered a bona fide sale, and' the trade-in allowance, exclusive, of any amount of discount that would be allowed on the price of the property being acquired in the absence' of the trade-in, shall be the amount realized upon the sale of the property. If a bona fade sale is not effected because no offer is received for the property, after reasonable efforts have been made., then the in-use value ascertained as provided in this section is the account of actual f direct loss of the property. The amount of payment for actual direct loss of any item of personal property shall not exceed the amount that could have been required to relocate such property within a 50 mile radius of the Redlands City 11mits, j (S 410) (3) Move from Pr.opt-tty Not Acquired Whenever the acquisition of real property by the Agency used for a busine, or farm operation causes the person conducting the business or darn opera to move from other real property not being acquired by the Agency, or to move his personal property from such other real property, such person sha 1V. (S 410) (3) Move F:om Pro arty Not Acquired(Continued) . ° receive payments for moving and related expenses under Sections 401, 403 and 404, as applicable, and relocation advisory assistance under Section 300 for moving from such other property. R. (S -411) Alternate Payment to Residents Any displaced person who moves from a dwelling who elects to accept payments authorized by this subdivision in lieu of the payments authorized by Sections 401 through 410 shall receive a noving expense allowance, a according to a schedule to be established by the Executive Director based on reasonable moving cost estimates not-to-exceed three hundred ($5# 0.00) dollars, and in addition a dislocation allowance of t hundred ($ 10.00) dollars. If individuals or more than one tenant are joint occupants of one dwellin; unit and submit more than o: e claim, an eligible claimant for a payment under this section may be paid only his reasonable. ;pro-rates share (as determined by the Agency) of the total payment applicable to • f a single tenant, and the total of alternate payments made to all such claimants moving from such dwellin; shall. not exceed the total fi..ed pay- vtent applicable to a sing la tenant. G. In-Lieu Payment to Businesses (S 412) (1) Any displaced person who moves or discontinues his business or farm operation who elects to accept the payment authorized by this Section 412 in lieu of the payments authorized by Sections 401 through 40 shall receive a fixed 17elocation payment in an amount equal to the averag annual net earnings o'L the business of farm operation except that such payment shall not by less than two thousa:d five hundred ($2,500.00) doll nor more than ten thousand ($10,000.00). dollars. In such case, no paymen «Yp_ 1. IV. (S 412) (1) Continued *" . shall be made under this section unless the Ageacy is satisfied that . (1) the business.canaot be relocated without a substantial loss of pa- tronage; and (2) is not a part of a commercial enterprise having at Least one other establishment not being acquired by the Agency which is g engaged in the same or similar business. For purposes of this section, the term "average annual net earnings: means ore-half 01 ) of any net earnings of the business or farm operation before federal, state, andy local income taxes, during the two taxable years immediately preceding the taxable year in which such business or farm operation moves from the zeal property being acquired or during such other period as the Executive Director determines to be more equitable for establishing such earnings, and includes any compensation paid by the business to the owner, his spouse or dependents during such two years or other. period.. (S 413) (2) In determining whether one or more legal entities consti— tute a single business, the following factors, among others, shall be considered: a. The extent to which the same premises and equipment are shared; b. The extent to which substantially identical or intimately interrelated business functions are pursued and business and financial affairs are comingled; c. The extent to which such entities are held out to the public and to those customarily dealing with such entities as one business; and d. The extant to which the same person or closely-related persons own, control or manage the affairs of the entities. (S 414) (3) To be eligible for the payment authorized by Section 412, V. (S-414) (3) Continued ;. the business or farm operation shall make available to ;the Agency; its state income tax records and its financial statements and accounting re- cards for audit for confidentialuse to determine the payment authorized by Section 412. (S 415) (4) An outdoor advertising display shall not be entitled to the payment under Section 412 but shall be limited to the lesser of the following: (a) The payment of moving expenses under Section 4011; (b) Replacemejat costs under Section 403> R,eolacemen.t Housir*a a,ments dor Homeowners meownecs. (S 416) (1) In addition to the payments required by Sections 401 and 411, the Agency shall make a payment to the owner of real property ac- quired which``is improved with a dwelling a:ctual.ly owned and occupied by the owner for not less than 150 days prior to the initiation of negoticitit for the acquisition of such property. ,. (S=417) (2) Such payment shall' be made only to a displaced owner who purchases a comparable replacement dwelling and who occupies it within one year subsequent to the. date on which he moves from the dwelling ac- quired -q,uired by the Agency; whichever is the later date. Where .for reasons a of hardship and beyond the control of such dis ,laced person, such. person is unable to occupy the replacement dwelling x,rithin the above time limit, the Executive Director may, at his discretion,-..extend the time. (S '415) (3) The replacement housing pa•,rent, not-to--exceed fifteen thousand' ($15,000.00) dollars shall be based on the following factors: ;ate XV. (S 418) (3) Co.:.--inued , • . a. The amount, if any, which when added to the acquisition payment equals the reasonable cost of a comparable replacement: dwelling provided that such amount shall not exceed the difference between the acquisifion price of the acquired dwelling and the actual pur— chase price of the replacement dwelling. _ ' } b. The amount, if any, which will compensate the displaced owner for any increased costs which he is required to pay for financing the acquisition of a comparable replacement dwelling. The amount shall be paid only if the acquired duelling was encumbered by a bona fide mortgage which was a valid lien on -such a dwelling for not less than 180 days prior to the initiation of negota:ions for tee acquisition :of such dwelling. The amount shall be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the realacement dwelling which is equal to the unpaid balance of the mortgage on the acquired duelling over the remainder term of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate shall be the pre— vailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located. c. Reasonable expenses incurred by the displaced owner for evidence: ' of title, recording fees, and other closing, costs incident to the purchase of the replacement dwelling but not including prepaid ex— penses. No reimbursement shall be made for any fee, cost, charge, • or expense which is determined to be a part of the debt service or a V. (S 418) (3) c. Continued a finance charge under Federal Truth in Lending Act. d. The reasonable cost of a comparable dwelling shall be established as a basis for computing the amount of the- replacement housing payment. It shall be established by the Agency under the following methods (1) Schedule Method. In accordance :with a schedule to be esta- blished by the Agency which sets forth the typical sales prices for comparable replacement housing; or (2) Comparative Method. On a case by case basis through the use of the sales price of one or more dwellings determz,ed to be most representative of the acquired dwelling. The cost of the comparable dwelling should be reasonable in light of the range of costs on the Schedule of Average Prices of Compara'ble Sales Housing in the City of Redlands . ,. (S 419) (4) If individuals (not i family) who were joint ourner-occu-- pants of a dcwell3ng acquired by the Agency should submit more than one claim for a replacement housing payment, an eligible claimant for such payment under .this section may be paid only his reasonable pro-rated share, (as determined by the Agency) , of the total payment applicable to a single individual, and the total replacement housing payment made to all such claimants shall not exceed the total payment applicable to a single individual. I;. Replacement dousing, Payments for Tenants and Certain Others IV. E. Re lacement Housing Payments for Tenants and Certain Others (Continued) 4 (S 420) (1) General. The Agency shall make to a displaced person who satisfies the eligibility requirements of Section 421 a payment not- to-exceed four thousand ($4,000.00) dollars for either: 8. An amount, computed in accordance with Section 422, necessary- to enable such displaced person to lease or rent a comparable replace-lent dwelling for a period not--to-exceed four pears; or ` b. An amount, computed in accordance with Section 422 b, nec- essary to enable such displaced person to make a down payment (including f lucidental expenses described in Section 418 c) on the purchase of a com- parable dwelling: PROVIDED, that -if such amount exceeds two thousand ($2,000.00) dollars, such displaced person shall equally match any such amount in excess of two thousand ($2,000.00) dollars in makiag the down payment. r (S 421) (2) Eligibility Conditions. A displaced person is eligible. ,for the payments specified in Section 420 if such displaced person: a. Has actually and lawfully occupied the dwelling from which he is displaced for a period of not less than ninety (90) dyas prior to the initiation of negotiations for acquisition of such dwelling; and . b. is not eligible to receive (or if an owner otheririse eligible elects to rent) a replacement housing payment far homeocrners under Section 416 through 419. ` (S 422) (3) Comp"tation of Pay:�ents a. Rentals. The amount of payment necessary to lease or rent • a comparable replacement dwelling shall be computed by subtracting I�. (S 422) (3) a. Rentals. Continued i lorry eight times the base monthly rental of the displaced person .forty eight times the comparable monthly rental for a replacement dwelling. (S 422) (3) a. (1) Base tton`hly Rental. The base monthly rental shall be the average monthly rental paid by the displaced person for the three-month period prior to initiation of negotiations provided that the base monthly rental shall be the average monthly rental during such three-month aeriod for similar dwellings in an area not generally less desirable th:4z that of the dwelling from which such person was displaced (hereinafter referred to as the economic rent) where (a) the average monthly rental paid by the displaced, person is .found by the Executive Director of the Agency to be substantially higher o: lower than the economic rent; or (b) the displaced person was the o aer of the dwelling from s which he -.;,as displaced. X (2) Comparable Month1v Rertal. The comparable monthly rental shall be the amount of rental determined by the Agency tinder the following methods: (a) Schedule. Method. In accordance with a schedule -to be established by the Agency which sets forth the typical. monthly -rentals for comparable replacement housing; or (b) Comparative `tethod. On. a case by case basis by determining the average month's rent for one or more dwellings which have been selected by the Agency or by the displaced person with the approval of the A."ency, and c,rhich are most representative of the acquired dwellings and meet the definition of "comparable replacement housing." -16- i IY. (S 422) (3) Continued (3) Limitation. The amount of the rental assistance pay-spent shall in no event a--teed the difference between the base rental and the actual monthly rental, paid by the displaced person for `a re— placement dwelling. b. Doan Lament. The down payment for which a pay.. M meat specified under Section 420 b, ma.y be made together with any ;:patching share which may be required shall not exceed (1) the amount required a a down payment for the purchase of a comparable replacement duelling if such purchase was financed by a convent.-Ional loan, and (2) e pense+s inci— dent to the purchase of a comparable replacement dwelling as set forth in Section 413 c. The full amount of a down payment under this section shall be applied to the purchase price of the replacement d�zelling. c. Limitations and Disbursement of Pa"tants. (1) Joint 0cc.uDa pts. The total amount of payment ander this section to individuals (not a family) who were joint occupants of a dwelling acquired by the .Agency shall be subject to the limitation of Section 419. (2) Rental Replacement Housing. there a displaced person is not eligible for replacement housing payment under Section 410 because he elects to rent rather than purchase a replacement dwelling, the amount of payment under Section 424 a, shall not exceed the amount • of payment for which such displaced person :could have been eligible under Section 416 if he had purchased a comparable replacement dwelling. (3) Disbursement. Chen the total rental assistance paynent for the four year period is lass than $500, the parent is made at the time of displacement. When the total rented assistance payment r F• • . w wVr..w a .... ?V. (S 422) c. (3) Disbursement. Continued • Is in excess of $500 for the four year period, payments shall be Meade in four equal annual, installments and prior to paying each such Installment the Agency shall verify that the displaced person (so Ion- as he remains in the general localit-y) is occupying a decent, safe and sanitary dwelling. V. (S 500) REQUIREITENTS T'RIOR TO DISPLACafENT, A. Availability of Comparable ReDlacement Dwellirza . (S 501) (1) No person shall be required to move from his dwelling be- cause of its acquisition by the A©ency unless there is a cozarrarable re- placement dwelling as defined in Section 210 available to that person. (S 502) (2) The requiremTent of Section 501 shall be deemed to have bean satisfied if the person is offered and refuses without reasonable - justification reasonable choices of specifically identified comparable replacement dwellings which meet the criteria. of Section 210. (S 503) (3) Use of Temporary Housing. Subject to the prior approval. of the Executive Director, a person to be displaced from a dwelling by the Agency may be provided temporary housing which is not comparable re- placement housing as defined in Section 210 under the following condition a. In cases of emergency or v''here such person is subject to economic hardship or conditions hazardous to his health or safety; or b. In extraordinary situations cohere in the absence of such temporary move, the progress of the project would be substantial: delayed, if the following conditions are satisfied: -to- V. A. (S 503) (3) b. Continued , + (1) Such temporary housing is decent, safe, and sanitary and within the financial weans of such person. (2) The Executive Director has determined that within twelve raonths of the date of the temporary move or such loner period as deemed reasonable by him, comparable replacement housing meeting the criteria specified in Section 210 will be available for occupancy by such person. (3) Prior to the temporary move such person will be given a written assurance that comparable replacement housing meeting the cri— teria, specified in Section 210 will be available at the earliest possible time but not later than the date provided under (2) of this section. The Agency shall continue to furnish to all persons provided temporary housing under this section all relocation assistance required under Section 300. 0 The eligibility of any person, for a payment under Sections 441, 411, 416, or 420 shall not be affected by a move to ter±--,, porary housing. Any person provided temporar-7 housing under this section shall be entitled to actual reasonable moving expenses into both tempora-y and permanent housing and such person may elect to receive an alternate payment under Section 411 in lieu of actual reasonable moving expenses with respect to one of either such moves_ Displaced persons moving to temporary housing will 'not be eligible .for payments under Sections 416 or 420 while occupying such temporary housing. D. Ninety Day Notice (S 544) (1) To the greatest extent practicable, no person lawfully occupying real property shall be requied to move from his dwelling, p d n. � ♦ 15 M ♦ ° ♦111 4 ..; ♦ •.� • V. B. Ninety Day. Notice (Continued) ° assuming a comparable dwelling will be available, or to move his business without at least ninety days written notice from the Agency to vacate. A. shorter period of notice may be given where the Ag, encp determines that a ninety day period is impracticable. (S 505) (2) 1f the Agency per-Uts such person to occupy the real pro- perty acquired by the Agency on a rental basis for a short-term or fob a period subject to termination by the Agency on a ninety day notice, or shorter notice period, the amount of rent shall not exceed the fair market value of the property to a short-term occupier. V1. (S 600) SET OFF AG UST PiM•IENTS. The Agency may set off against any payment due to a a,placed person under these Rules and Regulations any financial claim the Agency nay have against said. displaced person. 411. (S 700) GRZEWLTCE PROCEDURES (S 701) A. Displacees will be informed by Agency staff members of their right to appeal regarding relocation decisions that are trade. Any per- son s;grieved by a determination as to el igibili.ty for, or the amount of . payment, or aggrieved as to relocation assistance offere, may have his claim reviewed in the following manner: (S 702) 1. Within 60 days after the determination such person shall re- quest in writing to the Executive Director that the Executive Director review the matter with the person making this request.. The Executive Director shall notify such person in writing of his decision after re- viewing and considering all reasonably available evidence. —20- ` Vito (S 703) 2. After rcview of the utter by the Executive Director and receipt of his decision, or in the event such person has not received notification of the Executive Director's decision within 30 days after filing the initial request for review, the person may file'his complaint in *writing with the City's Relocation appeals Board which complaint shall be filed not later than 30 days after receipt of .the Executive Director's decision. The Relocation Appeals Board will promp' tly hear all such complaints pursuant to the relocation assistance and benefits. The Board shall, after a public hearing on the ratter, transmit in writing its decision and the basis of the decision to the grievant within (5) days after making such decision. . (S 704) 3. After a public hearing by the Relocation appeals Board .and receipt of its decision and the basis of -its decision, the grievant may appeal the Board's decision to the Radevelop�iment Agency by filing Faith the Executive Director within five (5) days after said receipt a written notice of appeal, containing the basis for the appeal. The. Redevelopme*tt Agency may conduct a hearing on the aggrieved person's complaint and shall dive such person at least five (5) days written notice prior to hearing the ratter, or the Redevelopment Agency may adopt the decision and basis of the decision of the Relocation Appeals Board. The aggrieved person shall be notified in writing of the decision and the basis for such decision of the Redevelopment Agency within five (5) clays after such decision. The decision of the Redevelopment Agency transmitted by the Agency shall represent the final decision of the Agency. Xx ii IS 104 3 . After a `pczt+lac 1:«:ar:.,..i2, by ;:e I!e Ia caution A • peals Board and rwccipt of its decision and the basis of Its declslost,, t'lw arzc.'ant may appeal t�.0 lsoard ' s driclszo:l 'to- the City Council b- fil int- with the City :ianage-1• ui.thi,n five • (5) days after said receipt a i-t ittan notice of appeal • • • . contai.nin- the basis fog° the appeal . :he Cite Council xray conduct a hearin; on the ag rieved ,:®rs r.ts complaint and shall a:.ve such ;person at least five (5) days v. ritter, notice prior to hearing tra matter, , or 'th—_ City CounCil may adapt the dec.isica and basis of th;: dec sio of- -he Reloca: icon Appeals ""card. The ag-ri.eved oerson sn4 l l be notified in trri ting of t' -3 decision and the basis .nor suc., decision of the Citi Cou31cil wit-in I iv e (5) tea vs a erz such decision. The decision of the City ::o.uulcil t, a- 21S--rait hy the City s'jh ll reps sent the fin—al, decision of ill cit Viii. (s 800) EFFECTIVE DATE These rules and regulations shall take effect upon the date 'of their adoption, provided that all relocation guidelines promulgated by the state of California which are in addition to, or inconsistent with, these rules and regulations shall ' incorporated by reference as a part hereof as though set forth herein. e •i • } 6 •O • . a i •a t 6 a.r• i •Rl a..M1•+41••♦ rM•i. 1•i1 ♦•.a tr'RY.•. ♦•♦ • rr SCHEDULES-110VI::G EXPENSE ALLOUMCE For use as provided in Section 411 of the RedeveloPrient Agency of the Catty of. Redlands California Relocation Rules and Rel-ulations Effective July 1, 1972 A. UYFUMNISH.ED UZ ITS (Occupant owns furniture) • 4 Rooms: " Ist 2nd 3rd 4th 5th 6th 7th 8th .$50 $80 $120 $160 $204 $240 $284 $300 B. FURNISIED UNITS D4CLL'BIIIG SLED PZidG ROOTS (Occupant does not own furniture) Rooms: Ist $15 Each additional room $10 , C. MOBILE NOS ' of Square footage: ' 3030 400 500 600 700 over $130 $180 $210 $240 $270 $300 Personality only, Use A and B. z 14AXIMMM: $300 under each schedule DISLOCATION ALLOW-4-NICE: An additional $200 under each schedule. « AA •