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HomeMy WebLinkAbout1974 037 CC RESO1974 037 CC RESO(Ììû RESOLUTION NO. 74-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, ADOPTING RULES RELATING TO RELOCATION ASSISTANCE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That pursuant to Section 7260 et seq. of the Government Code, the Rules and Regulations pertaining to relocation assistance, as set forth in Exhibit A" attached hereto and incorporated herein by this reference as if set forth in full, are hereby adopted by this City as rules and regulations to implement payments and to administer relocation assistance under the provisions of Chapter 16 of Division 7 of Title 1 of the Government Code of the State of California. SECTION 2. The term head of public agency" as used in said Rules and Regulations shall be deemed to be the City Manager. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. APPROVED and ADOPTED this th day of March 1974. MAYOR ATTEST: J^A^J City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Baldwin Park at a__________regular meeting held on the 20th day of March 1974 by the following vote: AYES: COUNCILMEN KING,MC CARON,GREGORY,WALDO AND MAYOR HAMILTON NOES: COUNCILMEN ABSENT: COUNCILMEN z^^L^- tHELMA L. BAtkUS, CITY CLERK BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû EXHIBIT A" CITY OF BALDWIN PARK RULES AND REGULATIONS IMPLEMENTING THE RELOCATION ASSISTANCE LAW OF THE STATE OF CALIFORNIA The following rules shall be observed by the City here- after referred to as the Public Agency") for the purpose of Implementing the provisions of the Relocation Assistance Law of the State of California. I. ASSURANCE OF ADEQUATE REPLACEMENT HOUSING PRIOR TO DISPLACEMENT. a) Availability. The public entity shall not proceed with any phase of a project which will cause the displacement of any person until it is determined by the agency that within a reasonable period of time prior to displacement, there will be available on a basis consistent with the requirements of Title VIII of the Civil Rights Act of 1968 P.L. 90-284), in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe and sanitary dwellings, equal in number to the number of, and available to, such displaced persons who require such dwellings and reasonably accessible to their places of employment. b) Standards For Decent, Safe and Sanitary Dwellings. A decent, safe, and sanitary dwelling is one which meets all of the following minimum requirements. Adjustments may be made only in the cases of unusual circumstances or in unique geographic areas. 1) Conforms with all applicable provisions for existing structures that have been established under State or local building, plumbing, electrical, housing and occupancy codes and similar ordinances or regulations. 2) Has a continuing and adequate supply of potable safe water. 3) Has a kitchen or an area set aside for kitchen use which contains a sink in good working condition and connected to hot and cold water, and an adequate sewage system. A stove and refrigerator in good operation condition shall be provided when required by local code, ordinances or custom. When these facilities are not so required by local codes, ordinances, or custom, the kitchen area or area set aside for such use shall have utility service connections and adequate space for the installation of such facilities. BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû Resolution No. 74-37 EXHIBIT A" 4) Has an adequate heating system in good working order which will maintain a minimum tem- perature of 70 degrees in the living area, excluding bedrooms, under local outdoor design temperature conditions. A heating system will not be required in those geographical areas where such is not normal- ly included in new housing. 5) Has a bathroom, well-lighted and ventilated and affording privacy to a person within it, con- taining a lavatory basin and a bathtub or stall shower, properly connected to an adequate supply of hot and cold running water, and a flush closet, all in good working order and properly connected to a sewage disposal system. 6) Has an adequate and safe wiring system for lighting and other electrical services. 7) Is structurally sound, weathertight, in good repair and adequately maintained. 8) Each building used for dwelling purposes shall have a safe unobstructed means of egress leading to safe open space at ground level. Each dwelling unit in a multi-dwelling building must have access either directly or through a common corridor to a means of egress to open space at ground level. In multi-dwelling buildings of three stories or more, the common corridor on each story must have at least two means of egress. 9) Has 150 square feet of habitable floor space for the first occupant in a standard living unit and at least 100 square feet of habitable floor space for each additional occupant. The floor space is to be subdivided into sufficient rooms to be adequate for the family. All rooms must be adequately ventilated. Habitable floor space is defined as that space used for sleeping, living, cooking or dining purposes and excludes such en- closed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, and unfinished attics, foyers, storage spaces, cel- lars, utility rooms and similar spaces. c) A decent, safe, and sanitary mobile home is; 1) one which includes the minimum-requirements contained in paragraph a) subparagraphs 2), 3), 4), 5), 6), 7), 8), and 9) of this Section except that it may have 70 square feet of habitable floor space for each additional occupant, and 2) one which bears the in- signia of approval issued by the State of California, Department of Housing and Community Development, pur- suant to the California Health and Safety Code, except any manufactures prior to September 1, 1958. 2 BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû II. MOVING AND RELATED EXPENSES. a) Eligibility. 1) Any displaced person including one who conducts a business or farm operation), is eligible to receive a payment for moving expenses. A person who lives on his business or farm property may be eligible for both moving and related expenses as a dwelling occupant in addition to being eligible for payments with respect to displacement from a business or farm operation. 2) Any person who moves from real property or moves his personal property from real property: 1) as a result of the acquisition of such real property in whole or part, or 2) as a result of a written notice of the public agency to vacate real property, or 3) as a result of written notice of the agency to vacate, other real property on which such person conducts a farm or business, is eligible to receive a payment for moving expenses. b) Actual Reasonable Expenses In Moving. 1) Allowable Moving Expenses. a. Transportation of individuals, families, and personal property from the acquired site to the replacement site, not to exceed a distance of 50 miles, except where the public agency determines that relocation beyond this 50 mile area is justified. b. Packing, and unpacking, crating and uncrating of personal property. c. Advertising for packing, crating, and transportation when the displacing agency determines that it is necessary. d. Storage of personal property for a period generally not to exceed six months when the displacing agency determines that storage is necessary in connection with relocation. e. Insurance premiums covering loss and damage of personal property while in storage or transit. f. Removal, reinstallation, reestablish- ment, including such modification as deemed necessary by the public agency of, and reconnection of utilities for, machinery, equipment, appliances, and other items, not acquired as real property. Prior to payment of any expenses for removal and reinstallation 3 BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû Resolution No. 74-37 EXHIBIT A' of such property, the displaced person shall be required to agree in writing that the property is personal and that the public agency is released from any payment for the property. g. Property lost, stolen, or damaged not caused by the fault or negligence of the displaced person, his agent or employees), in the process of moving, where insurance to cover such loss or damage is not available. 2) Limitations. a. When the displaced person ac- complished the move himself, the amount of payment shall not exceed the estimated cost of moving commercially, unless the head of the responsible public agency determines a greater amount is justified. b. When personal property which is used in connection with any business or farm operation to be moved is of low value and high bulk, and the cost of moving would be disproportionate in re- lation to the value, in the judgment of the head of the public agency responsible for the reimbursement for the expenses of moving the personal property shall not exceed the difference between the amount which would have been received for such item on liquidation and the cost of replacing the same with a corn- *. parable item available on the market. This provision will be applicable in the case of moving of junk yards, stockpiled sand, gravel, minerals, metals and similar type items of personal property. c. If the cost of moving or re" locating an outdoor advertising display or displays is determined to be equal to or in excess of the in place value of the display, consideration should be given to acquiring such display or displays as a part of the real property, unless such acquisition is prohibited by State law. c) Nonallowable Moving Expenses and Losses. 1. Additional expenses incurred because of living in a new location. 4 BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû 2. Cost of moving structures or other improve- ments in which the displaced person reserved owner- ship except as otherwise provided by law. 3. Improvements to the replacement site, except when required by law. 4. Interest on loans to cover moving expenses. 5. Loss of good-will. 6. Loss of profits. 7. Loss of trained employees. * 8. Personal injury. 9. Cost of preparing the application for moving and related expenses. 10. Payment for search cost in connection with locating a replacement dwelling. d) Expenses In Searching For Replacement Business or Farm. 1) Allowable. a. Actual travel costs, b. Extra costs for meals and lodging. c. Time spent in searching at the rate of the displaced person's salary or earnings, but not to exceed $10 per hour. d. In the discretion of the displacing agency, necessary broker, real estate or other professional fees to locate a replacement business or farm operation under circumstances prescribed in public agency regulations. 2) Limitations. The total amount a displaced person may be paid for searching expenses may not exceed $500 unless the head of the public agency determines that a greater amount is justified based on the circumstances involved. e) Actual Direct Losses By Business or Farm Operation.When the displaced person does not move personal property, he should be required to make a bona fide effort to sell it, and should be reimbursed for the reasonable costs incurred. 1) When the business or farm operation is discontinued, the displaced person is entitled to the difference between the fair market value of the personal property for continued use at its location prior to displacement and the sale proceeds, or the estimated costs of moving 50 miles whichever is less. BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû Resolution No. 74-37 EXHIBIT A" 2) When the personal property is abandoned, the displaced person is entitled to payment for the fair market value of the property for continued use at its location prior to displacement or the estimated cost of moving 50 miles whichever is less. 3) The cost of removal of the personal prop- perty shall not be considered as an offsetting charge against other payments to the displaced person. III. PAYMENTS IN LIEU OF MOVING AND RELATED EXPENSES. a) Dwellings Schedules. 1) Section 7262(b) provides that at the- option of the displaced person he may receive a moving expense allowance not to exceed $300 based on schedules established by each agency head. Moving allowance schedules maintained by the State Highway Department should be used as the basis for the agency s schedules. In addition, a displaced person shall receive a dislocation allowance of $200. 2) A displaced person, who elects to receive a payment based on a schedule, shall be paid under the schedule used in the jurisdiction in which the displacement occurs regardless of where he relocates. b) Businesses Eligibility. 1) A person displaced from his business, as defined in Section 7260(d) is eligible under Section 7262(c) to receive a fixed payment in lieu of moving and related expenses. Care must be exercised, in each instance, however, to assure that such pay- ments are made only in connection with a bona fide business. The public'agency responsible for the program or project causing displacement shall, by regulation, prescribe appropriate criteria for a determination that a given activity does, in fact, constitute a bona fide business. 2) Those businesses described in Section 7260(4) are not eligible under Section 7262 c) for a payment in lieu of moving and related expenses. 3) Where a displaced person is displaced from his place of business, no payment shall be made under Section 7262 c) until after the head of the displacing agency determines 1) that the business is not part of a commercial enterprise having at least one other establishment not being acquired, which is engaged in the same or similar business, and 2) that the business cannot be relocated without a substantial loss of existing patronage. The determination of loss of existing patronage shall be made by the displacing agency only after consideration of all pertinent circumstances, including but not limited to, the following factors: 6 BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû a. The type of business conducted by the displaced concern. b. The nature of the clientele of the displaced concern. c. The relative importance of the present and proposed location to the displaced business and the availability of a suitable replacement location for the displaced person. c) Farms Partial Taking. Where a displaced person is displaced from only a part of his farm operation, the fixed payment provided by Section 7262 c) shall be made only if the displacing agency determines that the farm met the definition of a farm operation prior to the acquisition and that the property remaining after the acquisition can no longer meet the definition of a farm operation. d) Nonprofit Organizations. Where a nonprofit organization is displaced, no payment shall be made under Section 7262(c) until after the head of the public agency determines: 1) That the nonprofit organization cannot be relocated without a substantial loss of its existing patronage. The term existing patronage" as used in connection with nonprofit organizations includes the persons, community or clientele served or affected by the activities of the nonprofit organization. 2) That the nonprofit organization is not part of a commercial enterprise having at least one other establishment not being acquired which is engaged in the same or similar activity. * e) Net Earnings. The term average annual net earnings" as used in Section 7262 c) means one-half of any net earnings of the business or farm operations, before Federal, State, and local income taxes, during the two taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property acquired for such project, or during such other period as the head of the displacing agency determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse or his dependents during such period. If a business or farm operation has no net earnings, or has suffered losses during the period used to compute average annual net earnings" it may nevertheless receive the $2,500 minimum payment authorized by such Section. f) Amount of Business Fixed Payment. The fixed payment to a person displaced from a farm operation or from his place of business, including nonprofit organizations, shall be in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall not be less than $2,500 nor more than $10,000. BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû Resolution No. 74-37 EXHIBIT A" IV. REPLACEMENT HOUSING PAYMENTS FOR HOMEOWNERS. a) Eligibility. 1) A displaced owner-occupant is eligible for a replacement housing payment, authorized by Section 7263 of the Government Code not to exceed $15,000, if he meets both of the following require- ments a. Actually owned and occupied the acquired dwelling from which displaced for not less than 180 days prior to the initiation of negotiations for the property. The-term initiation of negotiations" means the day on which the acquiring agency makes the first personal contact with the property owner or his representative and furnishes him with a written offer to purchase the real property. b. Purchases and occupies a replace- ment dwelling, which is decent, safe, and sanitary, not later than the end of the one- year period beginning on the date on which he receives from the displacing agency the final payment of all costs of the acquired dwelling, or on the date on which he moves from the acquired dwelling, whichever is the later date. b) Comparable Replacement Dwelling. For the purposes of rendering relocation assistance by marking referrals for replacement housing and for computation of the replacement housing payment, a comparable re- placement dwelling is one which is decent, safe, and sanitary and: 1) Functionally equivalent and substantially the same as the acquired dwelling, but not ex- cluding newly constructed housing. 2) Adequate in size to meet the needs of the displaced family or individual. However, at the option of the displaced person, a replacement dwelling may exceed his needs when the replacement dwelling has the same number of rooms or the equivalent square footage as the dwelling from which he was displaced. 3) Open to all persons regardless of race, color, religion, or national origin, consistent with the requirements of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968. 4) Located in an area not generally less desirable than the one in which the acquired dwelling is located, with respect to: 8 BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû a Neighborhood conditions, including but not limited to municipal services and other environmental factors. b Public utilities; and c Public and commercial facilities. 5) Reasonably accessible to the displaced person's place of employment or potential place of employment. 6) Within the financial means of the dis- placed family or individual. 7) Available on the market to the displaced person. 8) If housing meeting the requirements hereof is not available on the market, the head of the displacing agency may, upon a proper finding of the need therefor, consider available housing exceeding these basic criteria. c) Computation of Replacement Housing Payment. 1) Differential Payments For Replacement Housing. The public agency shall determine the amount which, if any, when added to the acquisition cost of the dwelling acquired by the displacing agency, is necessary to purchase a comparable replacement dwelling by using the comparative method as set forth in this paragraph. The public agency shall determine the price of a comparable replacement dwelling by selecting a dwelling or dwellings most representative of the dwelling unit acquired, available to the displaced person, and which meets the definition of comparable replacement dwelling. A single dwelling shall be used only when additional comparable dwellings are not available. The amount established as the dif- ferential payment for the replacement housing sets the upper limit of this payment. If the displaced person voluntarily purchases and occupies a decent, safe, and sanitary dwelling at a price less than the value of the acquired dwelling and the amount of the proposed differential payment, the said payment shall be reduced to that amount required to pay the actual difference between the value of the acquired dwelling and the actual purchase price of the replacement dwelling. If the displaced person voluntarily purchases and occupies a decent, safe, and sanitary dwelling at a price less than the acquisition price of the acquired dwelling, no differential payment shall be made. 9 BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû Resolution No. 74-37 EXHIBIT A' 2) Interest Payments, The public agency shall determine the amount, if any, necessary to compensate a displaced person for any increased interest costs. 3) Incidental Expenses. The public agency shall determine the amount, if any, necessary to reimburse a displaced person for incidental expenses pursuant to Section 7263(b)(3) of the Government Code. d) Acquisition of Mobile Homes. 1) The public agency may purchase mobile homes where: a. The structural condition of the mobile home is such that it cannot be moved without substantial damage or unreasonable cost; or b. The mobile home is not considered to be decent, safe and sanitary dwelling unit as defined in Section 2 of Article I hereof. 2) Partial Acquisition of Mobile Home Park. Where the public agency determines that a sufficient portion of a mobile home park is taken to justify the operator of such park to move his business or go out of business the owners and occupants of the mobile home dwellings not within the actual taking but who are forced to move shall be eligible to receive the same payments as though their dwellings were within the actual taking. 3) Mobile Homes as Replacement Dwellings. A mobile home may be considered a replacement dwelling if it meets standards of decent, safe and sanitary housing. 4) Computation on Next Highest Type. When a comparable mobile home is not available it will be necessary to calculate the replacement housing payment on the basis of the next highest type of dwelling that is available and meets the applicable requirements and standards, i.e., a higher type mobile home or a conventional dwelling. The term not available" as used in this'subsection includes, but is notlimited to, those cases where mobile homes cannot be relocated in mobile home parks within a reasonable distance from the place of dis- location because of lack of available spaces or because of the standards and rules of the mobile home parks where spaces are available. V. REPLACEMENT HOUSING PAYMENTS FOR TENANTS AND CERTAIN OTHERS. 10 BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû 1974 037 CC RESO(Ììû Resolution No. 74-37 EXHIBIT A a payment under these regulations, may have his^claim reviewed and reconsidered by the public agency in accordance with the procedures set forth in this Article as supplemented by such procedures as the public agency shall have established for such review and reconsideration. Any person or class of persons may seek review and re- vision of any schedule with respect to payments under these regulations. The term public agency" as used in this Article only shall refer to the head of the public agency or his authorized designee other than the person who made the determination in question). b) Notification to Claimant. If the public agency denies the eligibility of a claimant for a payment or disapproves the full amount claimed or refuses to con- sider the claim on its merits because of untimely filing or any other ground, the public agency's notifica- tion to the claimant of its determination shall inform the claimant of its reasons therefor and shall also inform the claimant of the applicable procedures for obtaining review of this determination. c) Request for Review. 1) General. Any person who has a right to seek review may request the public agency to provide him with a full written explanation of its determina- tion and the basis therefor if he feels that the explanation accompanying the payment of his claim or notice of the agency s determination was incorrect or inadequate. The public agency shall provide such an explanation to the claimant within 15 days of its receipt of claimant's request. 2) Time Limits for Filing Written Request for Review. a. A claimant desiring review and re- consideration of the public agency's deter- mination shall file a written request for review with the public agency either a) within 6 months of the agency's notification to the claimant of its determination or b) prior to final closeout of the project which caused the displacement, whichever is earlier, but in no event less than 30 days following the agency's notification to the claimant of its determination. Upon failure of the claimant to file a written request for review within the time limits provided, the determination of the public agency shall be deemed final and conclusive. 3) The Written Request for Review. The claimant may include in his request for review any statement of fact within his knowledge or belief, or other material which he feels has a bearing on his appeal. If the claimant requests more time to gather and prepare ad- ditional material for consideration or review and demonstrates a reasonable basis therefor, he may be granted 30 days from the date of his request for review 12 BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû 4) Oral Presentation. Upon request of the claimant, the public agency shall afford him an opportunity to make an oral presentation. The claimant may be represented by an attorney or other person of his choosing. This oral presentation shall enable the claimant to discuss his claim with the head of the public agency or a designee other than the person who made the initial determination having the authority to revise the initial deter- mination on the claim. The public agency shall make a summary of the matters discussed in the oral presentation and it shall be included as part of its file. d) Public Agency Review. General. The public agency shall make a determination as to whether a modification is necessary. This review should be conducted by the head of the public agency or his authorized designee other than the person who made the determination). A designee must have the authority to revise the initial determination of the claim and any deter- mination reached pursuant to an oral presentation. The public agency shall consider every complaint regardless of form. 2) Scope of Review. The public agency shall review and reconsider its initial determination of the claimant's case in light of: a. All material upon which the public agency based its original determination includ- ing all applicable rules and regulations; b. The reasons given by the claimant for requesting review and reconsideration of his claim; c. Whatever additional written material has been submitted by the claimant; and d. Any further information which the public agency may, in its discretion, obtain by request, investigation, or research, to insure fair and full review of the claim. 3) Determination On Review By Public Agency, The final determination on review by the public agency shall include, but is not limited to: a. The agency's decision on reconsideration of the claim; b. The factual and legal basis upon which its decision is based, including any pertinent explanation or rationale; 13 BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû Resolution No. 74-37 EXHIBIT A 4) Time Limits. a. The public agency shall issue its determination of review within 30 days from receipt of the last material submitted for consideration by the claimant. b. In the case of complaints dismissed for untimeliness or for any other reason not based on the merits of the claim, the public agency shall issue a statement as to why the complaint was dismissed to the claimant. e) Review Of Files By Claimant. Except for con- fidential material and except to the extent specifically prohibited by law, a public agency shall permit the claimant to inspect all files and records bearing upon his claim or the prosecution of his grievance. The public agency may, however, impose reasonable conditions on the claimant's right to inspect. f) Effect Of Determination On Other Persons. The principles established in all determinations by a public agency shall be applied to all similar cases regardless of whether or not a person has filed a written request for review. g) Construction Of Rules and Regulations. This Section and all applicable rules and regulations on which public agency determinations are based, shall be liberally construed so as to fulfill the statutory purpose as declared in the State Relocation Law of fair and equitable treatment" in order that displaced persons not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole." h) Right To Counsel. Any aggrieved party has a right to representation by legal or other counsel at his own expense at any and all stages of the proceedings set forth in these sections. i) Judicial Review. Nothing in this section shall in any way preclude or limit a claimant from seeking judicial review or receiving a fair and impartial con- sideration of his claim on Its merits upon exhaustion of such administrative remedies as are available to him under this section. VII. UNIFORM REAL PROPERTY ACQUISITION POLICY a) Just Compensation. Section 7267a2 of the Government Code establishes the policy that, before initiation of negotiations for the acquisition of real property, the head of the public entity concerned shall establish an amount which he believes to be just com- pensation therefor. In no event shall such amount be less than the agency's approved appraisal of the fair market value of the property. 14 BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 037 CC RESO(Ììû b) Initiation of Negotiations, 1) Statement To Be Furnished Owner. When negotiations for the acquisition of real property are initiated, the owner shall be provided with a written statement concerning the proposed acquisition This statement shall include, as a minimum, the following; a. Identification of the real property and the estate or interest therein to be acquired including the buildings, structures, and other improvements on the land, as well as the fixtures considered to be part' of. the real property; and b. The amount of the estimated just compensation for the property to be acquired, as determined by the acquiring agency, and a statement of the basis therefor. In the case of a partial taking, damages, if any, to the remaining real property shall be separately stated. 2) Offer to Purchase. The head of the public entity shall make a prompt offer to purchase the property for the amount contained in the statement. 15 BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 a) Eligibility. 1) A displaced tenant or owner-occupant of a dwelling for less than 180 days is eligible for a replacement housing payment, as authorized by Section 7164 of the Government Code, if he meets both of the following requirements: a. Actually occupied the dwelling for not less than 90 days prior to the initiation of negotiations for acquisition of the property. The term initiation of negotiations" means the day on which the public agency makes the first personal con- tact with the property owner or his represent tative and furnishes him with a written offer to purchase the real property. b. Is not eligible to receive a pay- ment under Section 7263 of the Government Code. 2) Computation of Replacement Housing Pay- ments for Displaced Tenants.A displaced tenant is eligible for a rental replacement housing pay- ment, not to exceed $4,000, which shall be deter- mined by subtracting from the amount which the tenant actually pays for a replacement dwelling or, if lesser, the amount determined by the State as necessary to rent a comparable dwelling; or if he purchases replacement housing within one year from displacement, he is eligible for a down pay- ment including expenses incidental to closing not to exceed $4,000. a. Rental Replacement Housing Payment. The public agency shall determine the amount necessary to rent a comparable replacement dwelling by using a comparative method. The public agency shall determine that average month's rent by selecting one or more dwellings most representative of the dwelling unit acquired, which is available to the displaced person and meets the definition of a comparable replacement dwelling as described in paragraph 5(b). The payment should be computed by determining the amount necessary to rent a comparable replacement dwelling for four years and subtracting from such amount forty- eight times the average month's rent paid by the displaced tenant in the last three months prior to initiation of negotiations, if such rent was reasonable. VI. GRIEVANCE PROCEDURE a) Right of Review. Any person aggrieved by a determination as to eligibility for, or the amount of, 11 BIB] 37687-U01 1974-U02 037-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11444-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04