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HomeMy WebLinkAbout1975-11-26 - Resolution No. 75-230 0 RESOLUTION NO. 75-23 RESOLUTION OF BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT RULES AND REGULATIONS FOR IMPLEMENTATION OF RELOCATION ASSISTANCE LAW REQUIREMENTS OF SECTION 7260 et seq. OF GOVERNMENT CODE WHEREAS, the Board of Directors of the Yorba Linda County Water District desires to adopt at this time Rules and Regulations for Implementation of Relocation Assistance Law pursuant to Section 7260 et. seq. of the Government Code of the State of California hereinafter and in some instances referred to as "Yorba Linda County Water District Rules and Regulations Implementing Reloc- ation Law"; and NOW THEREFORE, the Board of Directors of the Yorba Linda County Water District does hereby resolve, determine and order as follows: Section 1. That the Yorba Linda County Water District Rules and Regulations Implementation Relocation Assistance Law set forth in Exhibit "A" to this Resolution be in the same are hereby adopted to become effective the date of the adoption of this Resolution by the Board of Directors of the Yorba Linda County Water District. Section 2. That the Secretary of the Yorba Linda County Water District be and the same is hereby directed to file a certified copy of this Resolution, inclusive of Exhibit "A", with the County Clerk of the County of Orange as well as with the Department of Real Property Service of the County of Orange. 1975. Adopted, signed and approved this 26th day of November, Ayes: Wagner Lindow and Korn Noes: None Absent: Knauft Abstain: Clodt President Yorba Linda County Water District ATTEST: Secre ry Yorba inda County Water District w YORBA LINDA COUNJ`Y WATER DISTRICT RULES AND REGULA'T'IONS IMPLEMENTING RELOCATION ASSISTANCE LAW [Government Code Chapter 16, S5 7260, et seq.] 1. PURPOSE AND SCOPE 1.1 Purpose These rules and regulations are adopted pursuant to Government Code 5 7267.8 to implement payments and to administer relocation assistance according to the provisions of the Reloca- tion Assistance Law, Government Code, Chapter 16, 55 7260, et seq. These rules and regulations are to assure the fair and equitable treatment of persons displaced by the real property acquisitions and programs of this District. 1.2 Scope These rules and regulations apply to all acquisitions of real property, or interests therein, undertaken by this District whether by negotiated purchase, eminent domain, or otherwise. It is recognized that the Relocation Assistance Law has applicability to all real property acquisitions undertaken by this District regardless of whether relocation of any residence, business or farming operation is required. 2. DEFINITIONS 2.1 Section 7260 Definitions Incorporated. The following terms are defined in Government Code 5 7260: (a) "Public Entity" (b) "Person" (c) "Displaced Person" (d) "Business" (e) "Farm operation" (f) "Affected Property" (g) "Public Use" (h) "Mortgage" Whenever any of the preceding terms are used within these rules and regulations, they shall have the meaning set forth in Section 7260. 2.2 "Board" shall mean the Board of Directors of the Yorba Linda County Water District. 2.3 "District" shall mean the Yorba. Linda County Water District. 2.4 "Manager" shall mean the General Manager of the Yorba. Linda County Water District or the designee of said manager. 2.5 "Relocation costs" shall mean the costs of relocation advisory assistance, compensation for displaced persons, additional payments to displaced dwelling owners, additional payments to displaced individual or family renters reimbursable expenses of the owner necessarily incurred for recording fees, transfer taxes, and similar expenses incidental to conveying real property and such other costs as may be foreseeably attributable to relocation activities required pursuant to the Relocation Assistance Law. 3. ACQUISITION PROCEDURES 3.1 In order to promote the policies enumerated in Government Code § 7267, the District shall, to the greatest extent practicable, be guided by the provisions of § 7267.1 to 7267.7, inclusive, and these regulations, when engaged in the acquisition of real property. Where possession of real property is sought pursuant to an order for immediate possession, strict adherance to these standards is not required. The District shall, nevertheless, attempt to comply with the intent and purpose of the Act and these regulations to the extent possible under the circumstances. Within the guidelines of GC § 7267.3, the District shall provide maximum prior notice to owners who must relocate a dwelling due -2- to an order for immediate possession. Even though an action in eminent domain may be initiated, District shall attempt to nego- tiate a purchase based upon the amount established as security in the immediate possession proceeding. 3.2 When the manager has determined that acquisition of real property for public use by the District may be in the best interests of the District, the manager shall present a recommenda- tion to the Board. Prior to submitting a recommendation, the manager shall determine if the proposed acquisition will leave the owner with an uneconomic remnant and shall determine if the acquisition of a larger or smaller parcel will correct any such uneconomic remnant and still serve the District's interests. 3.3 When the Board determines that acquisition of real pro- perty for public purposes may be to the best interests of the District, it shall direct the manager to hire a qualified indepen- dent appraiser for the purpose of determining the fair market value of the parcel proposed to be acquired. The Board shall also direct the manager to investigate the present use of the parcel proposed to be acquired and make an estimate of the reloca- tion costs, if any, which the District may be obligated to pay in accordance with the Act. 3.4 The appraiser shall not give consideration to or include in the appraisal of the property proposed to be acquired any allowances for relocation costs. The appraisal shall be based exclusively on the fair market value of the real property pro- posed to be acquired. Manager shall instruct appraiser that the owner, or his representative, must be afforded opportunity to accompany the appraiser during inspection of the property. 3.5 The manager shall present the appraisal and the esti- mate or relocation costs to the Board for consideration in -3- 0 determining whether the proposed acquisition is to the best interests of the District. If the Board determines that the acquisition should take place, the Board shall establish an J amount which it believes to be just compensation, exclusive of relocation costs, to be paid for the real property. In no event shall the amount thus established as just compensation be less than the amount of the approved appraisal. If the Board believes the appraisal is excessive, it may disapprove the appraisal and order a new appraisal by a different independent appraiser. 3.6 Following establishment of the amount the Board believes to be just compensation, and prior to the institution of any action in eminent domain, the manager shall transmit a written statement of, and summary of the basis for, the amount so estab- lished to the owner of the property proposed to be acquired. The District shall offer to purchase the property for an amount not less than the sum established as just compensation. 3.7 District shall make every reasonable effort to exped- itiously acquire the real property through negotiation prior to the institution of any action in eminent domain. 4. RELOCATION ADVISORY ASSISTANCE 4.1 Program establishment The manager shall institute a relocation advisory assistance program where: (a) Acquisition of real property by the District will result in the creation of displaced persons; and (b) It appears that such displaced persons need relocation assistance. -4- 4.2 Scope of Relocation Advisory Assistance Programs Each relocation assistance advisory program shall include such measures, facilities, or services as may be necessary or appropriate to perform all of the tasks detailed in Government Code Section 7261(c). 4.3 Contracting for Relocation Services- Where it appears that a relocation advisory assistance program will be burdensome upon the District staff, the manager may contact private or other public entities for the purpose of establishing a contract to provide-relocation advisory assistance in accordance with Government Code Section 7261.5. Proposals for such relocation advisory assistance contracts shall be sub- mitted to the Board of Directors for approval. 5. RELOCATION PAYMENTS 5.1 Subchapter 6 of Title 2, California Administrative Code, Relocation Assistance Program 1873 et seg.) is hereby incorporated as though fully set forth herein, except that where said subchapter refers to the "State of California" and to "the department" they shall be read to mean "the District". -5-