HomeMy WebLinkAboutResolution No. 06-6945 - Approve Relocation Plan for Lakewood Bl. ImprovementsRESOLUTION NO. 06-6945
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
RELOCATION PLAN FOR LAKEWOOD BOULEVARD IMPROVEMENT PROJECT,
PHASE 1 C.
WHEREAS, the City is proposing to improve Lakewood Boulevard in the area generally
bounded by Meadow Road on the north, Glenshire Road on the east, Barlin Avenue on the west,
and Dalen Street on the south;
WHEREAS, the proposed project is expected to improve traffic flow and safety, beautify
the corridor, and enhance community living;
WHEREAS, construction of the proposed project could cause the displacement of
occupants of properties in the project area;
WHEREAS, the City has applied for financial assistance from the Federal Highway
Administration and is anticipating using primarily federal funds to implement its proposed
project;
WHEREAS, the proposed use of federal funds triggers the need to provide relocation
assistance and benefits in accordance with the statures and regulations established by the
Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (42 U. S. C.
460 et seq.) mad Title 49 of the Code of Federal Regulations, Part 24;
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WHEREAS, a Lakewood Boulevard Improvement Project, Phase IC Relocation Plan
has been prepared that describes the circumstances of potential displaces in the proposed
project area, the availability of replacement property for these displaces, and the assistance to
be provided by the City and its consultants;
WHEREAS, the Relocation Plan concludes that there is available commercial space for
sale or rent sufficient to accommodate business that are required to relocate as a result of the
proposed project;
WHEREAS, the cost associated with implementation of the Relocation Plan is within the
current anticipated budget for the proposed project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves the Lakewood Boulevard Improvement
Project, Phase IC Relocation Plan. The Relocation Plan is on file with the City Clerk and
available for public inspection.
SECTION 2. This Resolution shall take effect immediately upon the date of its
adoption and thereafter this Resolution shall be in full force and effect.
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SECTION 3. The Mayor shall sign this Resolution and the City Clerk shall attest and
certify to the passage and adoption thereof.
RESOLUTION NO. 06-6945
PAGE TWO
APPROVED AND ADOPTED this 26th day of September, 2006.
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MEREDITH H. PERKINS, Mayor
ATTEST:
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KATHLEEN L. MIDSTOKKE, City Clerk
I HEREBY CERTiFY that the foregoing Resolution adopted by the City Council of the
City of Downey at a regular meeting held on the 26th day of September, 2006, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
4 Council Members: Bayer, Cartozian, Trejo, Mayor Perkins
0 Council Member: None
1 Council Member: Gafin
0 Council Member: None
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KATHLEEN L. MIDSTOKKE, City Clerk
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Lakewood Boulevard
Improvement Project, Phase IC
Relocation Plan
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Prepared for
City of Downey
By
Overland, Pacific & Cutler, Inc.
100 West Broadway, Suite 500
Long Beach, California 90802
(800) 400-7356
July 2006
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INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
I PROJECT AREA DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A. THE REGIONAL LOCATION . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . 2
B. PROJECT SITE LOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
11 ASSESSMENT OF RELOCATION NEEDS
A. METHODOLOGY
B. FIELD SURVEY DATA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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111.RELOCATION RESOURCES
A. METHODOLOGY
B. REPLACEMENT BUSINESS SITES AVAILABILITY‘
1. Commercial Sites
2. Loss of Goodwill
C. RELATED ISSUES . . .
1. Language . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Temporary Relocation . . . . . . . . . . . . . . . . . . .
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IV.THE
A
B
C
D.
RELOCATION PROGRAM
PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES
RELOCATION ADVISORY ASSISTANCE
RELOCATION BENEFITS
GENERAL INFORMATION ON PAYMENT OF RELOCATION
BENEFITS
RELOCATION TAX CONSEQUENCES
GRIEVANCE PROCEDURES
EVICTION POLICY
CITIZEN PARTICIPATION . . . . . . . . . .
PROJECTED DATES OF DISPLACEMENT
ESTIMATED RELOCATION COSTS
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I
J.
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EXHIBIT A: Business Informational Statement
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The City of Downey (the City) is considering acquisition of all leasehold interests in the
property located at 8850 Imperial Highway in Downey, California as part of the proposed
Lakewood Boulevard Improvement Project, Phase IC (the Project). The current business
occupying the property is Speedy Cash, Inc. and the proposed Project would require the
relocation of this business.
In order to fund the Project, the City has applied for assistance from the Federal Highway
Administration and is anticipating to use primarily federal funds to implement the Project.
The involvement of the use of federal funds, triggers the need to provide relocation
assistance and benefits in accordance with the statutes and regulations established by the
Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (42
U.S.C. 460 et seq.) (Relocation Law), and Title 49 of the Code of Federal Regulations, Part
24 (Federal Relocation Regulations). Among the regulatory requirements is the need to
prepare a relocation plan. The purposes of the relocation plan, in broad terms, are to
address the needs of potential displacees, the availability of adequate replacement sites
and the City’s plans to provide required assistance.
(This Plan was written by Overland, Pacific & Cutler, Inc. (OPC), a professional consulting
firm specializing in publicagency acquisition and relocation projects. The Plan is organized
in 4 sections:
1.
2.
3.
4.
A description of the Project’s regional location and specific site setting
(SECTION 1);
An assessment of the relocation needs of a business subject to
displacement as a result of the Project (SECTION II);
An assessment of available replacement sites in proximity to the Project
(SECTION III); and
A review of the relocation assistance program to be offered to displaced
business (SECTION IV).
Overland, Pacific & CRtter, Inc.Page 1
A.THE REGIONAL LOCATION
The proposed Lakewood Boulevard improvement Project is located along Lakewood
Boulevard and Imperial Highway in the City of Downey. Downey is immediately accessible
from Interstate Routes 1 05, 710 and 605 and neighbors communities of Pico Rivera, South
Gate, Santa Fe Springs, Bell Gardens, Norwalk, Bellflower and Paramount. (See Figure
1 : Regional Project Location)
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Figure 1: Regional Project Location
Overland, Pacific & Cutler, Inc.Page 2
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Relpfafioq Plan fqt the Lakewood Boulevard Irnproveln ent Project - Citv ?f Downey, CatifOTnia
B. PROJECT SITE LOCATION
The proposed Project site is located at the southwestern corner of Imperial Highway and
Lakewood Boulevard and north of 1-105 Freeway. The property is generally bounded by
Imperial Highway on the north, Lakewood Boulevard on the east, Barlin Avenue on the
west and Dalen Street on the south. (See Figure 2.' Project Site Location)
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Figure 2: Project Site Location
The Lakewood Boulevard Improvements, Phase IC are on Lakewood Boulevard from
Dalen Street to Meadow Road and include improvements at the Imperial Highway
intersection .
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Overland, PacIfic & Cutler, Inc. Page 3
11.
A. METHODOLOGY
The information necessary for the preparation of this Plan was obtained by personal
interview on June 20, 2006 with the business owner Mr. Chad Faulkner as well as from
information in Fixtures and Equipment Appraisal and property tax profile. The Fixtures and
Equipment Appraisal was performed on April 13, 2006 by Fineberg Consulting Service,
B. FIELD SURVEY DATA
The City of Downey owns the real property, while Speedy Cash, Inc. operates a check
cashing business as a tenant. The site is zoned for commercial service retail. The Payday
Advance/Speedy Cash business owner indicated that the business is a corporation with
44 other stores locally, that they lease a 2,050 square foot store-front premises and that
they employ 15 full-time or part-time employees at the store located at 8850 Imperial
Highway.
The current lease began on May 1 , 2000 with a term of five years and a tenant option for
another five years. The tenant requested that the City extend the lease through the option
period. The current lease amount is $2,200/month.
The affected business intends to reestablish in the same general area and is interested in
possibly purchasing or leasing premises of the property adjacent to the subject property.
No alternate communities were mentioned .
Overland, Pacific & Cutler, Inc.Page 4
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The City is committed to making every effort to satisfactorily relocate the displaced
business.
A. METHODOLOGY
Both in preparing this Relocation Plan and in the subsequent provision of relocation
assistance, the characteristics and needs of those to be displaced must be understood and
addressed .
To determine the availability of commercial sites prior to the displacement of occupants
from the Project area, resources were researched through the following sources:
Internet sources;
Telephone and field contact with commercial brokerages serving the area.
B.REPLACEMENT BUSINESS SITES AVAILABILITY
1. Commercial Sites
The Project property is zoned for commercial service retail. The research that was
performed to analyze likely relocation opportunities focused on actual retail space
availability in Downey and surrounding areas no more that three miles from the
Project
Survey results indicate a sufficient amount of 2,000 to 3,000 square foot retail
spaces for sale and lease. The most desirable sites are rare, however, and the
business owner will need to act promptly when the suitable site becomes available.
The business owner expressed interest and is further researching the possibility of
purchasing the property immediately adjacent to the existing location, as that would
be ideal location for the continuation of this business.
Specific eligibility requirements and detailed compensation plan will be developed
for, and explained to, commercial displacee on an individual basis by the relocation
representative when the proposed Project commences. In the course of personal
Overland, Pacific & Cutler, Inc.Page 5
FetE.Tatton Platt fo r f /r e Lnkeu) on.d Bon leuard Itnprovctncut Pro jec! - City of D =u>ney, Cajifornia
interviews and follow-up visits, the business owner will be counseled as to available
options, and the consequences of any choice with respect to financial assistance,
2. Loss of Goodwill
Goodwill consists of the benefits that accrue to a business as a result of its location:
reputation for dependability, skill or quality; and, any other circumstances resulting
in probable retention of old, or acquisition of new patronage. Claims for loss of
goodwill are not compensable under the statutory provisions related to relocation
assistance.
Where claims are anticipated, State law (California Code of Civil Procedure Section
1263.510) requires business owners to prove all of the following: (1) The loss is
caused by the taking of the property; (2) The loss cannot reasonably be prevented
by relocation of the business, or by taking steps and adopting procedures that a
reasonably prudent person would take to preserve the goodwill; and, (3) The
compensation for the loss has not been included as a relocation payment, or
duplicated in compensation otherwise awarded to the owner.
C.RELATED ISSUES
1 , Language
Relocation assistance information will be provided in English or the language used
by the business owner. All written communication will be provided in the language
needed, or an interpreter will be provided in order to assure that all displacees
obtain a complete understanding of the relocation program and available benefits.
2. Temporary Relocation
No need for temporary relocation is anticipated.
Overland, Pacific & Cutler, Inc.Page 6
A.PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES
The City will provide displaced business with the assistance, rights and benefits required
under federal relocation law and the relocation guidelines. The relocation program will
provide both advisory and financial assistance. Every effort will be made to facilitate
relocation arrangements and minimize hardship for displacee.
The program objectives will be as follows:
1.
2.
To fully inform eligible Project displacee of the nature of, and procedures for,
obtaining relocation assistance and benefits;
To determine the needs of each displacee eligible for assistance;
3.To provide continuously updated referrals to potential replacement sites
within a reasonable time prior to displacement and assure that no
commercial occupant is required to move without a minimum of 90 days
written notice to vacate;
4.To provide assistance that does not result in different or separate treatment
due to race, color, religion, national origin, sex, marital status or other
arbitrary circumstances;
5.
6.
7.
8.
To supply information concerning federal programs and other governmental
programs providing assistance to displaced persons;
To assist each eligible business to complete applications for benefits;
To make relocation benefit payments in accordance with the appropriate
guidelines;
To inform all persons subject to displacement of the City's policies with
regard to eviction and property management; and
Overland, Pacific & Cutler, Inc.Page 7
Relocation Plan for the Lakew nod Boulevard ItII lrrovement Project - Fitv of DowneyI_California
9.To establish and maintain a formal grievance procedure for use by displaced
persons seeking administrative review of the City’s decisions with respect to
relocation assistance.
B. RELOCATION ADVISORY ASSISTANCE
Overland, Pacific & Cutler, Inc. has been retained by the City to assist in the administration
of its relocation program. OPC will work closely with the City staff. The City staff will provide
final approvals, or otherwise, of all OPC recommendations. Every reasonable effort will be
made to ensure that the relocation of business occurs with a minimum of delay and
hardship.
The following specific services will be provided:
1.The business located in the Project area will be personally interviewed to
gather information appropriate to the determination of needs and
preferences regarding replacement of existing facilities;
2.A printed Informational Brochure will be provided in English or the
displacee’s language should that be subsequently deemed necessary.
Signed acknowledgments will be obtained to verify receipt of this material;
3.
4.
Maintain a database of available commercial space and distribute
replacement site referrals for the duration of the Project;
Assistance will be offered to displacee in connection with arrangements for
the purchase of real property, if applicable, obtaining required business
permits or licenses, the filing of claim forms to request relocation benefits
from the City and to obtain services from other public agencies;
5.
6.
Special assistance in the form of referrals to governmental and non-
governmental agencies will be made, if requested;
Assist eligible displacee with the preparation and submission of relocation
assistance claims;
Overland, Pacific a Cutter, Inc.Page 8
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Relocat{on Plan for the Lakewood Boulevard Im provelnent Project - CiII.of 1) oulucy, Calf.?ruin
sand, gravel, minerals, metals and other similar items of personal property as
determined by the City;
Actual and reasonable expenses necessary to reestablish a displaced
business at its new location, not-to-exceed $10,000. Examples of expenses
that may be considered for reimbursement include advertising, redecoration,
and certain increased costs of operation at the new location;
An owner of an outdoor advertising display may be eligible for a relocation
payment for "Actual Reasonable Moving and Related Expenses." if the owner
wants to move the sign, the payment would be the lesser of the sign's tn-place
value or, cost to move the sign. If the owner does not want the sign, but wants
to replace it, or wants to discontinue it’s use, the payment would be the lesser
of the replacement cost, less any proceeds of a sale of the existing sign or the
costs to move the sign.
b.Self-Moves
If the displaced business elects to take full responsibility for the move of the
business, the City will make a payment for the business’s moving expenses in an
amount not to exceed the lower of two acceptable bids or estimates submitted to the
City. At the City’s discretion, a payment for a low cost or uncomplicated move may
be based on a single bid or estimate.
C.A Fixed Payment in Lieu of A Payment For Actual Reasonable Moving
and Related Expenses
The amount of this payment shall be based on the average, annual net earnings of
the business or non-profit organization. The payment to an eligible business, or
non-profit organization may not be less than $1,000, nor more than $20,000.
To qualify for this payment a displaced business:
Owns or rents personal property, which must be moved in connection with
such displacement and for which an expense would be incurred in such
move;
Overland, Pacific & Cutter, Inc.Page 12
Relocation Plan for the Lakewood Bouleuatd Imptouetncnt Project - City of Downey, California
Is not operated at the displacement site solely for the purpose of renting the
dwelling or site to others;
Cannot be a part of a commercial enterprise having at least three other
establishments which are not being acquired by the City, and which is under
the same ownership and engaged in the same or similar business activities;
and
Must not be able to relocate without substantial loss of patronage; and,
Must have contributed materially, as determined by the City, to the owner's
total gross income during each of the two taxable years prior to displacement.
D.GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS
Claims and supporting documentation for relocation benefits must be filed with the City
within 18 months from:
[1.
2.
The date the claimant moves from the acquired property; or,
The date on which final payment for the acquisition of real property is made,
whichever is later.
The procedure for the preparation and filing of claims and the processing and delivery of
payments will be as follows:
1.Claimant will provide all necessary documentation to substantiate eligibility for
assistance;
2.Assistance amounts will be determined in consultation with the City;
3.Required claim forms will be prepared by relocation personnel in conjunction
with claimant. Signed claims and supporting documentation will be submitted
by relocation personnel to the City;
4 The City will review and approve claims for payment, or request additional
information ;
Overland, Pacific & Cutler, IHC.Page 13
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,Relocation Plan fP! the Lakewood Boulevard Ilnpl'ovetnent Project - City of Dowrtcvf California
a)Failure to pay rent, except in those cases where the failure to pay is
due to the lessor's failure to keep the premises in habitable condition,
is the result of harassment or retaliatory action or is the result of
discontinuation or substantial interruption of services;
b)
C)
d)
Performance of a dangerous, illegal act in the unit;
Material breach of the rental agreement and failure to correct breach
within 30 days of notice;
Maintenance of’ a nuisance and failure to abate within a reasonable
time following notice;
e)Refusal to accept one of a reasonable number of offers of replacement
dwellings;
f)A requirement under State or local law or emergency circumstances
that cannot be prevented by reasonable efforts on the part of the
public entity.
H.CITIZEN PARTICIPATION
As the process for considering the Project moves forward, the City will observe the following
protocol:
1.
2.
Provide affected business with full and timely access to documents relevant
to the relocation program;
Provide technical assistance necessary to interpret elements of the
Relocation Program and other pertinent materials.
1.PROJECTED DATES OF DISPLACEMENT
The relocation process is expected to be completed by the end of 2006 and construction
is planned to commence in April 2007.
Overland, Pacific & Cutler, Inc.Page 15
.Relocation Plan for the Lakewood Boulevard Itnprouelnent Project - City of Downey, qalifornia
J.ESTIMATED RELOCATION COSTS
The estimate for relocation-related payments for this Project, including a 10% contingency
is $198,000.
The estimated relocation budget does not include any funds that may be disbursed to
property and business owners for property acquisition - including fixtures pertaining to realty
- and/or loss of business goodwill, if any. In addition the budget does not include relocation
administrative costs, or provision for any other services necessary for the irnplementation
of the Plan and Project.
Overland, Pacific 8 Cutler, Inc.Page 16
INFORMATIONAL STATEMENT FOR BUSINESSES
NONPROFIT ORGANIZATIONS AND FARMS
THE CITY OF DOWNEY
Introduction
The property on which you now conduct your business is in an area to be improved with the assistance of the
City of Downey (“Displacing City”). The City’s plans require the acquisition of several land parcels and the
relocation of existing commercial uses. You will be notified in a timely manner as to the date by which you must
rnove
Please read this information as it will be helpful to you in determining your eligibility and the amount of your
relocation benefits under the federal and/or state law. We suggest you save this informational statement for
reference
This is not a notice to move, it is important that you do not move before you learn what you must do to receive
relocation payments and other assistance to which you may be entitled. The City has retained the services of
Overland, Pacific & Cutler, Inc. (OPC), a qualified professional relocation firm, to assist you, The firm is
available to explain the program and benefits. Their address and telephone number is:
Overland, Pacific & Cutler, Inc.
100 West Broadway, Suite 500
Long Beach, California 90802
Telephone: (800) 400-7356
Spanish speaking representatives are available. Si necesita esta informaci6n en Espaflol, por favor llame
a su representante.
Summary of Relocation Assistance
As an eligible displaced person, you will be offered appropriate financial and advisory assistance to help
you relocate, including:
A.Payment for your moving expenses. You will receive either:
A Payment for Actual Reasonable Moving and Related Expenses, or
A Fixed Payment in Lieu of a Payment for Actual Moving and Related Expenses
B.Referrals to suitable replacement locations.
C Other help to reestablish your business and minimize the impact of the move including help in
preparing claim forms to request relocation payments
If you disagree with the City's decision as to your right to a relocation payment, or the amount of the payment,
you may appeal that decision.
Business Informational Statement Page 1 =BI-02 (1/OS)
J
SOME GENERAL QUESTIONS
How Will I Know I Am Eligible for Relocation Assistance?
Ordinarily, eligibility begins on the date the owner of the property receives the city's initial written offer to purchase it
Therefore, You should not move before that date. If you do. you may not be eligible for relocation assistance
How Will the City Know How Much Help I Need?
You will be contacted at an early date and personally interviewed by a representative of the City to determine your needs
and pFeferences for a replacement location and other services. The interviewer will ask questions about such matters as
Your space requirements. It is to your advantage to provide the information so that the City1 through its relocation
consultant, can assist you in moving with a minimum of hardship. The information you give will be kept in connd8nc,e
How Soon Will I Have to Move?
EverY reasonable effort will be made to provide you with sufficient time to find and reestablish your business in a suitable
replacement location. If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent
need for the property (e.g., your occupancy would present a health or safety emergency), you will not be required to move
without at least 90 days advance written notice. It is important, however, that you keep in close contact with the city so
that You are aware of the time schedule for carrying out the project and the approximate date by which you will have to
rrlove
I Own The Property, Will I Be Paid For it Before I Have To Move?
If You reach a voluntary agreement to sell your property to the City, you will not be required to move before you receive
the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot be required to
move before the estimated fair market value of the property has been deposited with the court. (You should be able to
withdraw this amount immediately, less any amounts necessary to pay off any mortgage or other liens on the property and
to resolve anY special ownership problems. Withdrawal of your shar6 of tho money will not affoct your right to seek
additional compensation for your property).
(
Will I Have To Pay Rent To The City Before I Move?
You may be required to pay a fair rent to the City for the period between the acquisition of your property and the date that
you move. Your rent and the terms of your tenancy will be generally the same as in the prior arrangement
How Will I Find A Replacement Location?
The City will provide you with current and continuing information on available replacement locations that meet your needs.
The City may also provide you with the names of real estate agents and brokers who can assist you in finding the type of
replacement location you require. While the City will assist you in obtaining a suitable replacement location, you should
take an active role in finding and relocating to a location of your choice. No ona knows your needs better than you. You
will want a facility that provides sufficient space for your planned activities. You will also want to ensure that there are no
zoning or other requirements which will unduly restrict your planned operations. Ask the City to explain which kind of
moving costs are eligible for repayment and which are not eligible. That will enable you to carry out your move in the most
advantageous manner
What Other Assistance Will be Available To Help Me?
In addition to help in finding a suitable replacement location, other assistance, as necessary, will be provided by the City.
This includes information on Federal, State, and local programs that may be of help in reestablishing a business. For
example, the Small Business Administration (SBA) provides managerial and technical assistance to some businesses.
There may also be a government grant or loan program which can help you reestablish your business. The City will assist
Business Inforwtaaonal Statement Page 2 =BI-02 (1/05)
you in applying for help available from government agencies. The range of services depends on the needs of the business
being displaced . You should ask the City representative to tell you about the specific services that will be available to you
I Have A Replacement Location And Want To Move. What Should I Do?
Before you make any arrangements to move, notify the City, in writing, of your intention to move, This should be done
at least 30 days before the date you begin your move. The City will discuss the move with you and advise you of the
relocation payment(s) for which you may be eligible, the requirements to be met, and how to obtain a payment.
I Plan To Discontinue My Business Rather Than Move. What Should I Do?
If you have decided to discontinue your business rather than reestablish, you may still be eligible to receive a payment
Contact the City and discuss your decision to discontinue your business, You will be informed of the payment, if any, for
which you may be eligible, the requirements to be met, and how to obtain your payment
What Kinds of Payments For Moving Expenses Will I Receive?
Every business is entitled to a relocation payment to cover the reasonable cost of moving. You may choose either
A. A Payment For Actual Reasonable Moving and Related Expenses, or
B. A Fixed Payment in Lieu of Moving and Related Expenses (if you meet the eligibility requirements)
What is Payment For Actual Reasonable Moving And Related Expenses?
If you choose a Payment For Actual Reasonable Moving And Related Expenses, you may claim the cost of
A. Transportation of personal propertyfrom your present location to the replacement location. (Generally, transportation
costs are limited to a distance of 50 miles. If you plan to move beyond 50 miles, discuss your planned move with
the City.)
B Packing, crating, uncrating, and unpacking personal property
C Disconnecting, dismantling, removing, reassembling, and installing relocated and substitute machinery, equipment
and other personal property. This includes connection to utilities available nearby and modifications necessary to
adapt such property to the replacement structure or to the utilities or to adapt the utilities to the personal property.
This includes alterations to the replacement structure required to reinstall machinery, equipment or other personal
property
D
E
F
Storage of personal property for a reasonable period of time, if required, at the City’s discretion
Insurance of personal property in connection with the move and required storage and the replacement value of
property lost, stolen, or damaged in the process of moving where insurance is not readily available.
Any license1 permit or certification required by the displaced business, to the extent that the cost is (1 ) necessary
to its reestablishment at the replacement location and (2) does not exceed the cost for the remaining useful life of
the existing license, permit, or certification.
G Reasonable and preauthorized professional services, including architect's, attorney's, and engineer's fees. and
consultant's charges, necessary for (1 ) planning the move of the personal property, (2 ) moving the personal property,
or (3) installing the relocated personal property at the replacement location
H
I
Relettering signs1 printing replacement stationery made obsolete by the move and customer notifications
The reasonable cost incurred in attempting to sell an item that is not relocated
Business Informational Statement Page 3 =BI-02 (1/OS)
J Actual direct loss of personal property. This payment provides compensation for property that is neither moved nor
promptly replaced with a "substitute item " at the replacement location. Payment is limited to the lesser of: (1 ) the
estimated cost of moving the property or (2) the fair market value of the property for its continued use at the old
location, less any proceeds from its sale. To be eligible, you must make a good faith effort to sell the property, unless
the City determines that such effort is not necessary(
K. Purchase and installation of substitute personal property, Payment will be limited to the lesser of: (1 ) the estimated
cost to move the item to the replacement location, or (2) the actual cost of the substitute item delivered and installed
at the replacement location, less any proceeds from its sale or its trade-in value. It is important to discuss your plans
with the City before you proceed
L Searching for a replacement location. This payment may not exceed $1,000.00 and may cover costs for:
Transportation expenses
Time spent searching for a replacement location, based on a reasonable salary or earnings
Reasonable fees paid to real estate agents or brokers to find a replacement location (not fees related to the
purchase of a site)
Meals and lodging away from home
The City representative will explain all eligible moving costs, as well as, those which are not eligible. You must be able
to account for all costs that you incur; so keep all your receipts. The City will inform you of the documentation needed to
support your claim .
You may minimize the amount of documentation needed to support your claim, if you elect to "self-move" your property.
Payrnent for self-move is based on the amount of an acceptable low bid or estimate obtained by the City. If you self-move,
you may move your personal property using your own employees and equipment or a commercial mover. If you and the
City cannot agree on an acceptable amount to cover the cost of the "self-move," you will have to submit full documentation
in support of your claim.
You may elect to pay your moving costs yourself and be reimbursed by the City or, if you prefer, you may have the City
pay the mover directly. In either case, let the City know before you move. Select your mover with care. The City
representative can help you select a reliable and reputable mover
When a payment for "actual direct loss of personal property" or "substitute personal property" is made for an item, the
estimated cost of moving the item may be based on the lowest acceptable bid or estimate obtained by the City. If not sold
or traded-in, the item must remain at the old location and ownership of the item must be transferred to the City before you
may receive the payment.
What are Reestablishment Expenses?
A small business, farm or non-profit organization may be eligible to receive a payment of up to $10,000 for expenses
actually incurred in relocating and reestablishing such operation at a replacement site
Eligible expenses must be reasonable and necessary, as determined by the City. They may include but are not limited to
the following:
A. Repairs or improvements to the replacement real property as required by federal, state or local law, code or
ordinance.
B Modifications to the replacement property to accommodate the business operation or make replacement structures
suitable for conducting the business.
C Construction and Installation costs for exterior signage to advertise the business.
Business Informational Statement Page 4 =BI-02 (1/OS)
D Provision of utilities from right-of-way to mprovements on the replacement site
E. Redecoration or replacement of soiled or worn surfaces at the replacement site , such as paint, paneling or carpeting
F. Licenses, fees, and permits where not paid as part of moving expenses
G. Feasibility surveys, soil testing and marketing studies
H . Advertising of replacement location
I. Professional services in connection with the purchase or lease of a replacement site
J. Estimated increased costs of operation during the first 2 years at the replacement site, for such items as
1. Lease or rental charges
2. Personal or real property taxes
3. Insurance premiums, and
4. Utility charges(excluding Impact fees)
K. Impact fees or one-time assessments for anticipated h8avy utility usage
L. Other items that the City considers essential to the reestablishment of the business
What Expenses Are Not Eligible for Reestablishment Payment?
The following is a non-exclusive listing of reestablishment expenditures not considered to be reasonable, necessary or
otherwise eligible
A. Purchase of capital assets, such as, office furniture, filing cabinets, machinery or trade fixtures.
B. Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal
course of the business operation
C. Interior or exterior refurbishment at the replacement site, except as otherwise provided for under the business
reestablishment payment
D. Interest costs associated with any relocation expense or the purchase of replacement property.
E. Payment to a part-time business in the home which does not contribute materially to the household income
What is Fixed Payment in Lieu Of A Payment For Actual Reasonable Moving And Related Expenses?
A Fixed Payment in Lieu Of A Payment For Actual Reasonable Moving And Related Expenses to a business or farm
operation is based on the average annual net earnings of the business or farm operation. The payment to an eligible
business or farm operation may not be less than $1,000.00, nor more than $20,000.00. The nonprofit organization may
be eligible for a payment from $1,000.00 to $20,000.00 subject to the following:
A displaced nonprofit organization may choose a fixed payment as stated above if the City determines that it cannot be
relocated without a substantial loss of existing patronage (membership or clientele.) A nonprofit organization is assumed
to meet this test, unless the City demonstrates otherwise. Any payment in excess of $1,000.00, must be supported with
financial statements for the two 12 month periods prior to displacement The amount to be used for the payment is the
average of the last two (2) years annual net earnings. Documentation required may be income tax returns, certified
financial statements and accounting records or other similar evidence acceptable to the City. To qualify for an In-Lieu
payment:
Business Informational Statement Page 5 =BI-02 (1/OS)
b
I A A displaced business:
1
2
must own or rent personal property which must be moved in connection with the displacement and for which
an expense would be incurred in such move, and the business vacates or relocates from its displacement site.
must be unable to relocate without a substantial loss of existing patronage.
3
4
must not be part of a commercial enterprise having more than three other establishments which are not being
acquired by the City, and which are engaged in the same or similar business activities.
must not be operated at a displacement dwelling/site solely for the purpose of renting such dwelling/site to
others .
5 must have contributed materially to the income of the displaced person during the two (2) taxable years prior
to displacement
B, A displaced nonprofit organization (1 ) must be unable to relocate without a substantial loss of its existing
patronage; and, (2) must not be part of an enterprise having more than three other establishments which are not
being acquired by the City.
C.A displaced farm operation must meet certain minimum income requirements.
The average annual net earnings of a business or farm operation are one-half of its net earnings before Federal, State,
or local income taxes during the two (2) taxable years immediately prior to the taxable year in which it was displaced. If
not in business for a full two years prior to displacement, the net earnings shall be based on the actual period of operation
at the acquired site projected to an annual rate. Average net earnings may be based on a different period of time when
the City determines it to be more equitable. Net earnings include any compensation paid to the owners of the business,
a spouse or dependents. The displaced person shall furnish the City proof of net earnings through income tax returns,
certified financial statements, or other reasonable evidence which the City determines is satisfactory.
The City will inform you as to your eligibility for this payment and the documentation you must submit to support Your claim
Remember1 when you elect to take this payment you are not entitled to reimbursement for any other moving expenses.
I Own An Outdoor Advertising Display. What Relocation Payment Will I Receive?
As the owner of an outdoor advertising display, you are eligible for a Relocation Payment For Actual Reasonable Moving
And Related Expenses. You are not eligible to receive a Payment in Lieu Of A Payment For Actual Reasonable Moving
And Related Expenses.
If you choose not to relocate or replace the sign. the payment for "direct loss of personal property" would be the lesser of:
(1 ) the depreciated reproduction cost of the sign, as estimated by the City. less the proceeds from its sale, or (2) the
estimated cost of moving the sign without temporary storage. The City will inform you as to the exact costs that maY be
reimbursed
How do I File A Claim For A Relocation Payment?
You must file a claim for a relocation payment. The City will provide you with the required claim forms, assist You in
completing them , and explain the type of documentation that you must submit in order to receive your relocation paYments .
If you must pay any relocation expenses before you move (e.g., because you must provide a security deposit if You lease
your new location), discuss your financial needs with the City. You may be able to obtain an advance paYment. An
advance payment may be placed in "escrow'’ to ensure that the move will be completed on a timely basis
If you are a tenant, you must file your claim within 18 months after the date you move. If you own the propertY, You must
Business Informational Statement Page 6 =BI-02 (1/OS)
file within 18 months after the date you move, or the date you receive the final acquisition payment, whichever is later
However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim , the sooner
it can be processed and paid. If you are unable to file your claim within 18 months, the City may extend this period
You will be paid promptly after you file an acceptable claim . If there is any question regarding your right to a relocation
payment or the amount of the payment, you will be notified, in writing, of the problem and the action you may take to
resolve the matter
Appeals
If you disagree with the City’s decision as to your right to a relocation payment or the amount of payment, you may appeal
the decision to the City. The City will inform you of its appeal procedures. At a minimum , you will have 18 months to file
your appeal with the City. Your appeal must be in writing. However, if you need help, the City will assist you in preparing
your appeal. If you are not satisfied with the final appeal decision. you may seek review of the matter by the courts
Tax Status of Relocation Benefits
Relocation benefit payments are not considered as income for the purpose of the Internal Revenue Code of 1986 or the
Personal Income Tax Law, Part 10 (commencing with Section 17001 ) of Division 2 of the Revenue and Taxation Code,
or the Bank and Corporation Tax law, Part 1 1 (commencing with Section 23001 ) of Division 2 of the Revenue and Taxation
Code. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should
consult with their own tax advisor or legal counsel to determine the current status of such payments
Lawful Presence Requirement
Pursuant to the Public Law 105-117 of 11-21-97, in order to be eligible to receive non-residential relocation benefits in
federally-funded relocation projects, the owner of a sole proprietorship and all owners of a partnership must provide
information regarding their lawful presence in the United States, and a for-profit or a non-profit corporation must certify that
it is authorized to conduct business in the United States. Sole proprietorships or partnerships with owners who are not
lawfully present in the United States or who decline to provide this information, may be denied relocation benefits
Relocation benefits will be prorated to reflect the number of owners with certified lawful presence in the US.
Additional Information
If you have further questions after reading this brochure, contact Overland, Pacific & Cutler, Inc. and discuss your concerns
with your relocation representative. You may wish to read the California Relocation Assistance Act regulations which
describes the relocation process in more detail
Business Informational Statement Page 7 =BI-02 (1/05)
7