HomeMy WebLinkAbout2016-199 1 RESOLUTION NO. 2016-199
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING RULES AND REGULATIONS FOR RELOCATION
3 ASSISTANCE CONSISTENT WITH APPLICABLE STATE AND FEDERAL LAWS FOR
4 PERSONS AND/OR BUSINESSES DISPLACED BY A CITY PROJECT AND
APPROVING CERTAIN RELATED ACTIONS.
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WHEREAS, from time-to-time a City-sponsored capital improvement project or other
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similar project, program or activity (a "City Project") that may require the displacement of persons
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and/or businesses from lands, buildings, or right-of-way occupied or used by such persons and/or
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businesses; and
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WHEREAS, it has been the City's past practice to follow applicable state and federal laws
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when a City Project caused the displacement of persons and/or businesses; and
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WHEREAS, it is necessary that the City adopt City rules and regulations for relocation
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assistance consistent with applicable state and federal laws for persons and/or businesses displaced
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by a City Project (the "City Relocation Guidelines"); and
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WHEREAS, the purpose of the City Relocation Guidelines is to ensure that: i) persons
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and/or businesses displaced as a direct result of a City Project are treated fairly, consistently, and
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equitably so that such displaced persons and/or businesses will not suffer disproportionate injuries
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as a result of projects designed for the benefit of the public as a whole; ii) City departments and
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agencies implement the City Relocation Guidelines in a manner that is uniform, efficient and cost
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effective; and iii) an administrative relocation appeals process is provided for cases in which a
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person and/or business believes that the City has failed to properly consider the person's and/or
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business's application for relocation assistance; and
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WHEREAS, the City Relocation Guidelines shall consist of the following applicable
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portions of federal and state laws, rules, and regulations, as they currently exist or may be amended
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in the future: i) Title 49 Code of Federal Regulations Part 24, (the "Uniform Relocation Assistance
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and Real Property Acquisition Policies for Federal and Federally-Assisted Programs"); ii)
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California Government Code §§ 7260-7277 (the "California Relocation Assistance Law"); and iii)
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Title 25, California Code of Regulations, Chapter 6, Subchapter 1 (the "California Relocation
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Assistance and Real Property Acquisition Guidelines"); and
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I WHEREAS, the approval of this Resolution will adopt the City Relocation Guidelines, a
2 copy of which is attached as Exhibit"A" to this Resolution; and
3 WHEREAS, it is intended that the City Relocation Guidelines shall apply to any City
4 Project under the jurisdiction of the Mayor and Common Council of the City of San Bernardino or
5 of any other legal entity for which the Mayor and Common Council of the City of San Bernardino
6 serves as governing board; and
7 WHEREAS, this Resolution has been reviewed with respect to applicability of the
8 California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of
9 Regulations, Title 14, § 15000 et seq., hereafter the "CEQA Guidelines"), and the City's
10 environmental guidelines; and
11 WHEREAS, this Resolution does not constitute a"project" for purposes of CEQA, as that
12 term is defined by CEQA Guidelines § 15378, because this Resolution constitutes general policy
13 and procedure making and organizational or administrative activity that will not result in a direct
14 or indirect physical change in the environment, per § 15378 (b) (2) and (5) of the CEQA
15 Guidelines; and
16 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
17 been met.
18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
19 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
20 Section 1. The foregoing recitals are true and correct and are a substantive part of this
21 Resolution.
22 Section 2. The City Relocation Guidelines, a copy of which is attached as Exhibit "A"
23 to this Resolution, are approved.
24 Section 3. The City Relocation Guidelines shall apply to any City Project under the
25 jurisdiction of the Mayor and Common Council of the City of San Bernardino or any other legal
26 entity for which the Mayor and Common Council of the City of San Bernardino serves as governing
27 board.
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I Section 4. The City Manager, or designee, is authorized to implement the City
2 Relocation Guidelines and to take such actions and execute such documents as are necessary to
3 effectuate the intent of this Resolution including, without limitation, the relocation appeals process
4 described within the City Relocation Guidelines, which shall constitute the exclusive administrative
5 review process in matters involving relocation of displaced persons and/or businesses, in place and
6 instead of the procedure provided for in San Bernardino Municipal Code Chapter 2.64 or any other
7 procedure for administrative review that might otherwise apply.
8 Section 5. This Resolution is not a "project" for purposes of CEQA, as that term is
9 defined by CEQA Guidelines § 15378, because this Resolution constitutes general policy and
10 procedure making and is an organizational or administrative activity that will not result in a direct
11 or indirect physical change in the environment, per § 15378 (b) (2) and (5) of the CEQA
12 Guidelines.
13 Section 6. This resolution shall take effect upon its adoption and execution in the
14 manner as required by the City Charter.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING RULES AND REGULATIONS FOR RELOCATION
2 ASSISTANCE CONSISTENT WITH APPLICABLE STATE AND FEDERAL LAWS FOR
3 PERSONS AND/OR BUSINESSES DISPLACED BY A CITY PROJECT AND
APPROVING CERTAIN RELATED ACTIONS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino, at a joint regular meeting thereof, held on the 19t
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day of September, 2016, by the following vote, to wit:
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8 Council Members Ayes Nays Abstain Absent
9 MARQUEZ X
10 BARRIOS X
11 VALDIVIA X
SHORETT X
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NICKEL X
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RICHARD X
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MULVIHILL X
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I.
16 i
g
17 Georgeann nna, CM , City Clerk
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19 The foregoing Resolution is hereby approved this day of September, 2016.
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22 R. Carey Davis Mayor
City of San B rnardino
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24 Approved as to Form:
25 Gary D. Saenz, City Attorney
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By; c�-�-
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EXHIBIT "A"
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CITY OF SAN BERNARDINO POLICY
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4 TITLE
5 City Rules and Regulations for Relocation Assistance Consistent with Applicable State and Federal
Laws for Persons and/or Businesses Displaced by a City Project
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7 BACKGROUND
8 From time-to-time a City-sponsored capital improvement project or other similar project, program
or activity (the "City Project") may require the displacement of persons and/or businesses from
9 lands, buildings, or right-of-way occupied or used by such persons and/or businesses. Accordingly,
this policy is intended to establish a fair and equitable procedure to assist affected persons and/or
10 businesses in relocating to an alternate location. It is the intent of this policy to establish applicable
11 federal and state laws, rules, and regulations as the City's rules and regulations for relocation
assistance.
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RELOCATION GUIDELINES
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Purpose and Applicability of the City Relocation Guidelines:
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15 Collectively, the applicable portions of the below referenced federal and state laws, rules and
regulations shall constitute the City's rules and regulations for relocation assistance (the "City
16 Relocation Guidelines"). The purpose of the City Relocation Guidelines is to ensure that:
17 1. Persons and/or businesses displaced as a direct result of a City Project are treated fairly,
consistently, and equitably so that such displaced persons and/or businesses will not suffer
18 disproportionate injuries as a result of projects designed for the benefit of the public as a whole;
19 2. City departments and agencies implement the City Relocation Guidelines in a manner that is
uniform, efficient and cost effective; and
20 3. An administrative relocation appeals process is provided for cases in which persons and/or
businesses believe that the City has failed to properly consider their applications for relocation
21 assistance.
22 The City Relocation Guidelines shall apply to any City Project under the jurisdiction of the Mayor
23 and Common Council of the City of San Bernardino or of any other legal entity for which the
Mayor and Common Council of the City of San Bernardino serves as its governing board.
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The City Relocation Guidelines:
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The City's rules and regulations for relocation assistance shall consist of the following applicable
26 portions of federal and state laws, rules, and regulations, as they currently exist or may be amended
27 in the future:
28 1. Title 49 Code of Federal Regulations Part 24, (the "Uniform Relocation Assistance and Real
Property Acquisition Policies for Federal and Federally-Assisted Programs");
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1 2. California Government Code § 7260-7277 (the "California Relocation Assistance Law"); and
3. Title 25, California Code of Regulations, Chapter 6, Subchapter 1 (the "California Relocation
2 Assistance and Real Property Acquisition Guidelines").
3 Application of Federal and State Rules Related to the City Relocation Guidelines:
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It is the policy of the City of San Bernardino that the California Relocation Assistance Law and the
5 California Relocation Assistance and Real Property Acquisition Guidelines shall govern City
Projects funded without federal funds. The California Relocation Assistance Law governs state and
6 local government relocation activities. The State Department of Housing and Community
7 Development (the "HCD") has the legal authority to administer the California Relocation Assistance
Law, including promulgating implementing regulations. Programs and projects funded in whole or
8 in part with federal funding sources shall be governed by the Uniform Relocation Assistance and
Real Property Acquisition Policies for Federal and Federally-Assisted Programs. The Uniform
9 Relocation Assistance and Real Property Acquisition Policies for Federal and Federally-Assisted
Programs governs relocation activities conducted by federal, state and local agencies receiving
10 federal funds, grants or reimbursements.
11 In some instances, the Uniform Relocation Assistance and Real Property Acquisition Policies for
12 Federal and Federally-Assisted Programs differ from the California Relocation Assistance Law and
the California Relocation Assistance and Real Property Acquisition Guidelines. The Uniform
13 Relocation Assistance and Real Property Acquisition Policies for Federal and Federally-Assisted
Programs provides that a person who is an alien not lawfully present in the United States is not
14 eligible to receive relocation benefits or relocation advisory services. However, the California
15 Relocation Assistance Law and the California Relocation Assistance and Real Property Acquisition
Guidelines may authorize exceptions if unusual hardship to the alien's spouse, parent or child who is
16 a U.S. citizen or an alien admitted for permanent residence, would otherwise result.
17 In circumstances where federal funds are combined with state and/or local funds in a program or
project, Section 6018 of the State relocation regulations provides that:
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19 "If a public entity undertakes a project with federal financial assistance and consequently
must provide relocation assistance and benefits as required by federal law, the provisions of
20 the Act and Guidelines shall not apply; but if an obligation to provide relocation assistance
and benefits is not imposed by federal law, the provisions of the Act and Guidelines shall
21 apply.„
22 When projects contain mixed funding sources, the U.S. Department of Housing and Urban
23 Development (HUD) and HCD generally agree that a public entity applies the requirement that
provides the displaced person or household with the greatest benefit. Clearly stated, this means that,
24 in a mixed funding project, if the assistance or benefit under state law is more favorable to the
displaced person or household, then the state regulation applies. Conversely, if federal benefits are
25 more favorable to a displaced person, those rules apply.
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I SUMMARY OF PROGRAM ELEMENTS INCLUDED WITHIN THE CITY RELOCATION
GUIDELINES
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3 The listing below summarizes the key relocation assistance program elements under federal and
state laws. The following summary is not meant to be a substitute for the City Relocation
4 Guidelines:
5 1. Eligible tenant displaced from home:
6 a. Advisory Services.
7 b. Payment for Moving Expenses
i. Payment for Actual Reasonable Moving and Related Expenses, or
8 R. Fixed Moving Expense and Dislocation Allowance, or
iii. A combination of both, based on circumstances.
9 c. Replacement Housing Assistance.
i. Rental Assistance, or
10 ii. Purchase Assistance.
11 2 Eligible homeowner occupant displaced from home:
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a. Advisory Services.
13 b. Payment for Moving Expenses.
i. Payment for Actual Reasonable Moving and Related Expenses, or
14 ii. A Fixed Moving Payment, or
15 iii. A combination of both, based on circumstances.
c. Replacement Housing Payment.
16 i. Purchase Assistance, or
ii. Rental Assistance.
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18 3. Eligible displaced businesses, nonprofit organizations and farms:
19 a. Advisory Services
b. Payment for Moving and Reestablishment Expenses falls into two general categories:
20 i. Payment for Actual, Reasonable Moving and Related Expenses;
ii. Fixed Payment ("In Lieu Of' Payment).
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22 4. Eligible displaced mobile home tenants and homeowners:
23 a. Advisory Services
b. Specific Considerations:
24 i. Payment is based on displaced occupancy status as either 180 day owner or 90 day
occupant of the mobile home - not occupancy status on the land.
25 ii. Occupant might receive rental assistance payment for the site and price differential
26 payment for a comparable mobile home.
iii. Occupant might own the mobile home and rent the site or vice versa, requiring different
27 computations.
28 c. Personalty or Realty
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I Owner/occupant of a mobile home acquired (as realty) is eligible for replacement housing
payment. If mobile home is moved (as personalty), occupant is eligible for moving expenses
2 for the mobile home.
3 d. Replacement Housing Payments - 180-Day Owner/Occupants
4 i. Owner/occupant who purchases a comparable replacement mobile home and site is
eligible for a Price Differential, Incidental Expenses, and if, applicable, Mortgage
5 Interest Differential.
ii. Owner/occupant who rents a comparable replacement may be paid a rental assistance
6 payment based on the market rent of the acquired mobile home site.
7 iii. Owner/occupant can combine payments to purchase a replacement mobile home or
conventional dwelling.
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e. Rental Assistance Payments - 90-Day Occupants
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90-day tenants and 90-179-day owner/occupants are eligible for a rental assistance payment
10 for a comparable replacement mobile home and site, or for a conventional dwelling if no
11 comparable mobile homes and site are available.
12 f. Moving Expenses
i. Cost for an owner to move the mobile home
13 ii. Cost for a tenant to move furnishings and other personal property
iii. Reasonable cost of a non-refundable mobile home park entrance fee, as determined by
14 the City.
15 LOCATION APPEALS PROCESS
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Both federal and state regulations provide that any aggrieved person may file a written appeal with
17 the City in any cases in which a person and/or business believes that the City has failed to properly
18 consider the person's and/or business's application for relocation assistance. The federal and state
regulations provide substantially similar rights of appeal, but the state administrative guidelines are
19 more detailed as to process, procedures, and timelines.
20 The City Relocation Guidelines shall provide an appeals process in accordance with federal and
state requirements. Prior to requesting formal review by appeal of the City's determination of a
21 claim for relocation assistance, a claimant may request from the City a full written explanation of its
22 determination and the basis therefor, or may within request an informal oral presentation within
eighteen months after the claimant moves from the property or receives final compensation for
23 displacement from property, whichever is later. Within that same time, with or without first
requesting a full written explanation and/or an informal oral presentation, a claimant may make a
24 written request for formal review and reconsideration by way of appeal. The appeal shall proceed as
described below:
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1. A claimant who wishes to appeal the determination made by the relocation advisor assigned
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to the claim may appeal to the affected City department head or in the absence thereof, to the
27 designated acting department head; and
28 2. If the claimant is not satisfied with the determination of the affected City department head or
acting department head, then the matter may then be appealed to the City Manager or a
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1 designee of the City Manager other than the person who made the determination in question,
which shall constitute the final administrative appeal.
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3 The foregoing appeal process shall comport with all applicable federal and state requirements and
shall constitute the exclusive process for formal administrative review in matters involving
4 relocation of displaced persons and/or businesses, in place and instead of the procedure provided for
in San Bernardino Municipal Code Chapter 2.64 or any other procedure for administrative review
5 that might otherwise apply.
6 A claimant who is not satisfied with the determination of the administrative appeals process may
7 seek judicial review of the matter in the appropriate court in accordance with applicable laws.
8 A claimant may obtain the appropriate forms and receive assistance in the appeals process from the
claimant's relocation advisor.
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The City will adhere to the timelines for appeals set forth in federal and state law.
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