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HomeMy WebLinkAbout72-082 RESOLUTION NO. 72-8g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE IMPLEMENTATION OF A RELOCATION ASSISTANCE PROGRAM WHEREAS, the City Council of the City of Santa Aha adopted Resolution No. 70-90, declaring the intention of the City of Santa Arm to treat persons displaced by city action in a manner compatible with their best interests; and WHEREAS, the California Assembly Bill 533, adopted as Chapter 1574, mandates that all public entities provide: 1. Relocation assistance in a specificmanner for persons displaced from their homes, businesses, or farms due to acquisition of property for public use; 2. Relocation payments for the costs involved in relocating; 3. Uniform real property acquisition procedures and policies; and WHEREAS, the Department of Public Works is recommending the adoption of rules and regulations patterned after those already adopted by the California Division of Highways and by the Orange County Board of Supervisors; NOW, THEREFORE, BE IT RESOLVED: 1 . The Director of Public Works is hereby responsible for the implementation of Chapter 1574, California Statutes 1971, and is hereby author- ized to establish procedures for said implementation. 2. The Director of Finance is authorized to make Relocation Assistance payments as provided in Chapter 1574, Califorhia Statutes 1971, upon submission of claim forms approved by the Director of Public Works. 3. All City Departments are directed to cooperate with the Director of Public Works in this matter. 4. The following standards for a decent, safe, and sanitary dwelling are adopted: a. Conforms with local building, housing, and occupancy codes for existing structures. b. Has a continuing supply of drinkable water. c. Has a kitchen with hot and cold water, a sink with sewage connections and has area for stove and refrigerator with proper utility connections. d. Mas adequate heating system for the living area. e. Has a bathroom well-lighted and ventilated and affording privacy to a person within it, containing a lavatory basin and a bathtub or stall shower properly connected to an adequate supply of hot and cold running water, and flush toilet, all in good working order and properly connected to a sewage system. f. Has provision for artificial lighting in each room. g. Is structurally sound and adequately maintained. h. Has a safe unobstructed exit leading to safe open space at ground level. (In a building of three or more stories, each common corridor must have at least two safe exits.) i. Meets the following standards of habitable floor space: (1) 150 square feet for the first occupant, and (Z) at least 100 square feet for each additional occupant. Habitable floor space means the area used for sleeping, living, cooking, and dining; it does not include closets, pantries, bathrooms, service or utility rooms, hallways, foyers, unfin- ished attics, storage spaces, cellars, and similar spaces. RESOLUTION NO. 72-82 Furthermore, the division of the interior area should provide an adequate number of rooms for the family. All rooms must be adequately ventilated. 5. The Director of Public Works is authorized to establish special standards which are applicable to rooming house, sleeping room facilities, and mobile homes to determine if such facilities constitute a decent, safe, and sanitary dwelling. 6. The Room Count Moving Expense schedule is adopted as follows: The "Room Count" method provides a flat amount based on the number of rooms of furniture and personal belongings which must be moved. The amounts are: 1 Room $ 50 5 Rooms $200 2 Rooms 80 6 Rooms 240 3 Rooms 120 7 Rooms 280 4 Rooms 160 8 Rooms or more 300* *Maximum Payment If the landlord owns the furniture and the tenant furnishes none or only a small amount of the household equipment, payment will be as follows: First room $ 15 For each room after that 10 Maximum payment 300 7. The mobile home square foot schedule for moving expenses is established as follows: The Square Foot Schedule method provides payment of moving expenses based upon the length of the external wall measured at floor level. The payment schedule is as follows: 300 sq. ft. or less $130 from 301 sq. ft. to 400 sq. ft. 180 from 401 sq. ft. to 500 sq. ft. 210 from 501 sq. ft. to 600 sq. ft 240 from 601 sq. ft. to 700 sq. ft. 270 over 700 sq. ft. 300* *Maximum payment For double units, the payment will be computed for each separate component, but the total may not exceed $300. In addition, if you choose to receive payment based on the above schedule, you will receive a Dislocation Allowance of $200. 8. The Director of Public Works shall consult with the Assistant to the City Manager - Community Relations or an equivalent representative designated by the City Manager, and the City of Santa Ana Housing Authority on the implementation of this program. - 2 - RESOLUTION NO. 72-82 PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the Tth day of A.~m*. , 1972. ATTEST; CLERK OF THE COUNCIL MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the 7th day of August , 1972, and was at said meeting passed and adopted by the following vote, to wit: AYES: NOES: COUNCILMEN: Herrin, Evans, Markel~ Patterson, Villa~ Yamamot o~ Griset COUNCILMEN: None ABSENT: COUNCILMEN: None ES A. WITHERS, CITY ATTORNEY CLERK OF THE COUNCIL Assembly Bill'No. 533. CIIAPTEE 157~ An act to add Sections 1216.3 and 1246.4 to the Code of Civil Procedure, to repeal Section 814.5 of the Evidence Code, as proposed by Assembly Bill No. 2888 o[ the 1971 Regalar Session of the Legislature, to amend Sections 7260, 7261, 7262, 7263, 7264, 7265~ and 7268 of, to amend and · renumber Section 7267 of, to add Sections 7261.5, 726.t.5, 7265.3, 7265.4, 7267, 7267.1, 7367.2, 7267.3, 7267.4, 7267.5, 7267.6, 7267.7, 7272, 7272.3, 7272.5, and 727,1 to, and to re* peal Section 7272 of, thc Govcr~o~tcnt Code, to amend Section 33115 of, and to add Section 34320~5 to, the Health and Safety Code, to 'amend Section 600 of, and to repeal Article 4.5 (commencing with Section 21690.5) of Chapter 4 of Part i of Division 9 and Article 9 (commencing with Section 29110) of Chapter 6 of Part 2 of Division 10 of, tl~e Pnblic Utilities Code, and to repeal Article 3.5 (commencing with Section 156) of Chapter I of Division 1, and Article 4.5 (commencing with Section 170) of Chapter 1 of Division 1, as proposed by Assembly Bill No. 2888 of the 197l Regnlar Session of the Legislatnre, of the Streets and Highways Code, relating to property a~quisitions by pi*blie entities and public util~tios. 2]ho people of the State of California do enaCt as follbws: Sgc?~o~ 1. Section 1246.3 is added to the Code of Civil Procedure, to read: 1246.3. I~/ any inverse condemnation 'proceeding brought for the taking of any interest in real property, the court rendering.judgment for the plaintiff by awarding compensa- tion for such taking, or the attorney representing the public entity who effects a settlement of such proceeding, shall de- termine and award or allow to such plaintiff, as a part of such judgment or settlement, such sam as will, in the opinion of ttie' court or such attorney, rebnburse such plaintiff for his reasonable costs, disbursements, and expenses, including rea- sonablc attornpy, appraisal, and engineering fees, actually incnrrcd because of such proceeding. S~c. 1.3. Section 1246.4 is added to the Code of Civil Procedure, t~ read: 1246.4. I~ any condemnation proceeding in which the final judgment is that the public entity cannot acquire the real ~ 1CO 2.-~p,-72 5~0 property, the owner shall be awarded such ,~n amount, as determined by the court, wbich will reimburse him for bis rcasonable costs, disbursements, a~xd expenses, including rea- sonable attorney, appraisal, and cnginceriug fees, actually in- curred because of sach proceeding. S~c. 1.4. Sectiou 814.3 of the Evidence Code, as proposed by Assembly Bill No. 28S8 o~ the 1971 Regular Session of the Legislature, i~ repealed. S~c. 1.8. Section 7260 of the Government Code is amended to read: 7260. As used in this chapter: (a) "Public entity" includes the statc~ the Regeuts of the Uulversity of California, a comity, city, city and county, dis- trict, public authority, public agency, and any other political subdivision or public corporation in the state when acquiring real propc~'ty, or any interest therein, in any City ar county for public use. (.b) "Person" means any individual, partnership, corpora. tlon, or association. (c) "Dispb~ccd person" moans any person who moves from real property, or who moves his personal property from real property, as a result of thc acquisition of such real preperty, in whole or in part. or as the result of a written order from a public entity to vacate tho real property, for public use. (d) "Business" means any lawful activity, except a farm operation, conducted ln'hnarJly: (~) For the purchase, sale, lea~e, or rental of personal and real property, and for the nlantlfaCttlrc, processing, or market- lng of products, commodities, or any o~her pcrsouaI property; (2). For the sale of services to tho public; (3) By a noaI)rofit orgauizalion; or (4) Solely for lbo purpose of Section 7262 for asslstiug in the purchase, sale, resale, maaufaeturo, processing, or markcb lng of produels, commodities, pemonal property, or services by the ert,etion and maintemmeo of an outdoor advertising dis- play, whether or not Such display is located ou the premises ou wbieb m~y of tho above aelivifies are condueled. {e) "Il'arm opcra~ion" mmms any actigity conducted solely or prima rily for Ibc production of one or more agricultural prod- ne~s or commodities, iueludlng limber, for sale or lffome use, alul CllStOl~tari]y producing such prmlucts or commodities in sultlvieni qu;mlily Io bo oapablc of ctmtributing materially to (r) "Affected property" means any real property which m, ttmlly dt, eli~cs in fab' market value because of acquisitiou by a public entily for public usc of other real property and a c}~nge io the usc of thc real In'operiy acquired by the public --3-- (g) "Public use" means a use for which real property may be acqnired by eminent domain. (h) "Mortgage" means such classes of liens as are eom. inertly given to secure advances on, or the unpaid purchase ' price of, real property, together with the credit instruments, if any, secured thereby Sgc. 2. Section 726l of thc Government Code is amendetl to read: 7261. (a) A public entity shall provide reloeation x'isory assistance to lin3' persoll, bllsinoss, or farm operation displaced because of the acquisition of real property by that publie entity for public use. (b) In giving such assistance, the public entity may estab- lish local relocation advisory assistance offices to assist in ob- taining replacement labilities for persons, businesses, and. farm operations which find that it is necessary to relocate because of the acquisition of real property by the public entity. (c) Such advisory assistance shall include: (1) Determining the need, if any, of displaced persons for relocation assistance. (2) Providing current and continuing information on the availability, prices, and rentals of comparable decent, safe, and sanitary housing for displaced persons, and of comparable commercial properties and locations for displaced businesses. (3) Assuring that, withiu a reasonable period of time, prior to displacement, to thc extent that it can be reasonably adcom- plished, there will be available in areas not ~zenerally less desirahle in regard to public utilities and public and eom- mcrciaI faeillties, and at rents or prices within the financial means o~ the families and individuals displaced, decent, safe, and sanitary dwellings, equal in nmnber to the number of. and available to, sm~h (lisplaeed persons who require such dwellings and reasonably accessible to their places of employment, ex- cept that, in the case of a federally funded project, a waiver · may be obtained from the ~cderal govermnent. (4) Assisting a displaced persou displaced h'om his business or farm operation in obtaining and becoming established in a suitable replacement location. (5) SuPplying information concerning federal and state housing programs, disaster loan progralnS, and other federal or state programs offering assistance to displaced persons. (~) Providin~ other advisory services to displaced persons in order to minimize hardships to such persons. (d) The public entity shaI1 coordinate its relocation assist- ante program with the project work ncccssltatin7 the dis- placement and with other phmned or proposed activities other public entities in the conmmnity or uearb7 areas which ntay affect the iml~lemen{ation of its relocation assistance.pro- S~;c. 2.5. Section 7261.5 is added to the C~overnmenl Code, to read: 7261.5. In order to prevent unnecessary expenses and du- plications of functions, and to promote uuiform and effective administration of relocation assistance programs for displaced persons nndcr this chapter, a ~pu~lie entity may enter into a contract with any indMdual, lirm, association, or corporation for services in connection with such program, or may carry out its functious under this chapt,.~r through any federal, state, or local govcrnmeutal agency baying an established organiza- tion for conducting relocation assistance programs. Ally public entity may, in carrying out its relocation assistance activities, utilize thc services of state or local housing agencies or other agencies having experience in the administration or conduct of similar housing assistance activities. Sec. 3. Section 7262 of the Government Code ~s amended to read: 7262. (a) As a part of the cost of acquisition of real prop- erty for a public use, a public entity shall compensate a displaced person for his: (1) Actual and reasonable expense in moving himself, fam- ily, business, or farm operation, including moving personal property. (2) Actual direct losses of tai~gible personal property as a result of movi~g or discontinuing a business or farm operation, that would have been required to relocate such property, as deter, mined by tile public eutlty. (3) Actual dud reasonable expenses in searching for a re- (b) Any displaced person who moves from a dwelling who elects to accept payments authorized by this subdivision in lieu of tile payments authorized by subdivision (a) sbaI1 receive a moving expense allowance, determined aeeordlng to a schedule esl,blished by thc public entity, not to exceed three hundred dollars ($300), and in addition a dislocation allowance of two hundred dollars ($200}. (c) Any displaced person who moves or discontinues his bushless or farm operation wire elects to accept tile payment authorized by this subdivision iu lieu of the payment au- thorized by subdivision (a), shall receive a fixed relocation ings of tile business or farm operation, except that such pay-. merit shall not be loses than two thousaud fivc hnndred dollars ($2.500) nor more than ten tho,asand dollars ($10,000). In tile case of a buslne×s, no paylllcnt shall be made under tiffs sub. division, unless the publle entity is satisfied that the buslnc,ss cannot be relocated without a substantial loss of patron- age and is not a part of a eomnw~eial enterprise haw ing at least one other establishn~ent not bein~ acquired, which is engaged in the same or similar business. For purposes of this subdivision, the term "average annual net earnings" mean's mm-ball of any net earnings of the business, or farm operation, before federal, state, and local income taxes, during the two taxable years immediately preceding the taxable year iu which such business or farm operatiou moves fronl the real property being acquired, or during sueb other period as the public tity determines to be more equitable for establishing such earnings, and inelndes any compensation paid by tbe business or farm operation to the owner, his spouse, or his dependents during such two-year or such ~ther period. To be eligible for the payment authorized by this subdivision, the business or farm operation shall make available its state income tax rec. ords. and its financial st~;tements and accounting records, for audit for confidential use to determine the paymeut autbof ized by this subdivision. In the ease of an outdoor advertising display, tim paymeut shall be llmitrd ~o the amouut necessary to physically move or replace such display. (d) Whenever the acquisition o~ rrm property used for a business or farm operation causes the person conducting the business or farnl operatiou' to move from other real property, or to move bis personal property h'om other real property, such person shall receive payments for.n~oving and related expenses under subdivision (a) or (b) and relocation advisory assmtanee under Section 7261 for mowng ~ro~u sueb other property. Ssc. 4. Section 7263 of the Government Code is amended to read: 7263. (a) In additkm Io the poyments required by See- lion 7262. tbe public entity, as a parl of the cost of acquisi. lion, shall make a paymen~ to the owner of real property acqnired for publle use which is improved with a dwelling actually owned and occupied by the owner for not less tban 180 days prior to the initiation of negotiation ~or the aequisi- tim~ of such property~ (b) Such payment, no~ to exceed.fiftecn tbousaud dollars ($15,000), shall be based on the following factors: (1) The alnounl, if any, which, when odded to tbe aequisi- ti{m payment, equals the rrasonable cost of n eoinparable re- pl~lcement dwelling determined, in aecdrdanee with standards establishc(l by tho public entity, to be a decent, safe and sanitm'y dwrlling adequate Io acrontmodate the displaced owlier, reasonably accessible to public sm'vices aud the dis- ,%, placed person's place of en~t~loyment, aud available on the Ina l'}~.e t, (2) Tile amount, if any. which will compensate tile dis- p]i~ccd owner for ;Iny illercascd interest costs which he is re- qnired to pay for fi,ancing the ac(ittisition of a comparable repla¢.emcnt dwelling. The ammmt si.all be paid only if the acquired dwelling was em.umbered bi' a bona fide mortgage . whivh was a valid lien on such dv,,~lling for not less than I80 days prior to the iaitlation of negotiations for the acquisi. tion of such dwelling. The amouut shall be equal to the excess in the aggregate interest nnd other debt service costs of that amount of the principal of the mot'tf~age on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, over the remainder term of th~. mortgage on the acquired dwelling, reduced to discounted present valne. The discount rate shall be the prevailing inter- cst rate paid (,n ~avings depoMts by commercial hanks in the general area in which the reph~cement dwelling is located. (3) Reasonable expenses incurred by the displaced owner for evidence of title, recording fees, and other closing costs int:ident to the ptlrehase of the replacement dwelling, but not incltnlin~ prepaid expenses. (C) SIIC]I l);t}'nlpnt shall be made only to a displaced owner who purchases end occnpics a rcplacement dwelling that meets standards established by the public entity within one year subsequent to the elate pn which he moves from the dwelling acquired by the public entity or ihe date on which he receives fr.m lhe public entity final payment of all costs of the dwell. lng. acquired by the public entity, v, hichever is the lateP date. $~:c. 5. Section 726i of the Gov¢,rmnent Code is amended tO read: 7264, (a) In addltioa [o the p~ym('nts require(1 by Section 7962, as n part of the cost of acquisition, the public entity si.dj In,ko n payment to ~llly displacrd person dlst)laeed from any dwelling not eligible to rcccive a payment under Section .7263 which was aclually and lawfully occupied by such person for not less' than 90 days prior to thc initiation of negotiation by the l)ublle entity for tho aeqldsition of such property. (h) Such paymoat, not 1o exceed four thdus;E~d dollars (SI,O00), shall be the additi.nal amount which is necessary to enable stl('h pt'l}SOll tO Ir'liSp or rent for a period not to exceed four 3'ears. or t{~ nlak(, tile downp}13'lllon[ on the purchase of, a d~.cont, safe, ;Lnrl s. ll[tltry dw¢.lling of stantlards adequate to b~ m,~ard to public utilitlcs and public and commercial far:il- iiies. (~:) If lhe payn.,nt is robe used asa downpayment for a,.quisilion of a decent, safe, alld sanitary dwelling of stleh sfandardx, tile payment shah not exceed two lhotlxand dollars ($2.000), IlllJOSs lilt' nmOUllt ill excess IJlcPi,of is eqtlally matched by stlch poi-soil. SEC. 6. Rcction ~')' - ~ i.6.l.a is added to the Government Code, to read: 7264.5. (a) If cmnparable rophmemcnt housing is not ~lble ;md the imblie cntib' deh. rmines Ih;it suoh Jmusing eau- not otherwise be re,de i~vailable, flw public eniily shall use ftmds authm'izod for II~e projcot fro' which lhe real property, or inlorest thermal, is being m,qnired to provide such housing. (b),No persm~ shall be t'eq~rod to move from his dwelling because of its aequisiti,m by a Imblic entity, unless there is rephleemcnt housing, ns described in paragraph (3) of subdlvi- sion (c) of Section 7261, avaihlble to him. (e) For purposes of determining tho applicability of sub- divNion (a), the public e t tv is hereby designated as a duly authorized administrative body of the state for the purposes of subdivision (e) of Section 408 of the Revenue and Taxation Code. SEc. 7. Soclion 7265 of the Government Code is amended tO read: 7263. (a) In addition to tim payments required by Section t-62. as t cost o[ n('quisition, the public enlity shall make a payment to any affected property owner meeting thc require- (b) Such affected property is immediately contiguous property.aoquirod for airport purposes Jill(1 the owner shall have owoed the propc'ty affected by acquisition by the public cntih' not less than 180 (hiys prior to the initiation o~ negotia- tion for acquisition of thc acquired property. (c) Su(,]~ payment, not to exceed fifteen flmusand dollars ($15,000). slmll be thc amount, if any, which equals the actual dcoline in the fair market value o~ the propcNy of the affected property owner caused by the acquisition by the lmblie entity (d) The ;llllOlIIl[, [[' Jllly, Of actllll] decline ill fair market valtle O[ al'reeled prop ,fly shall be dctermined according to to tl~is ellllJllor, gtlt'h l'llJPS ;ll/d rt,mflatim~s sim Il limit payment rehltod tn objective physic;il Ulln~lge H~ the use of acqttired properly. S -.h g,, fim~ 7263.3 is added Io the (h>vormnent ('edp. ~G, ..I. A pllh]ie entity m~L~' make p;lylltetlts hi lite alllOtllltS prescribed in his ch;pler, and m;~y provide advisory s[stanee under this chapter, to n persou who moves from dwelling, or who moves or discontinnes his business, as a result of a rehabilitation or demolitiou pre~vam, or enforcement of buildh~7 codes, by the public entity. . S~:c. 8, Section 7263.4 is added to the Oovernment Code, to read: 72S5.4. In addition to the pnyments required b~ Section 7262, as a cost of acquisition, the public entity, as soon as pm~etieable after tho date of paymenl of the purchase prier or the da~e of deposit in court of fm~d~ to satisfy the award of compensation in a eoudenmatlm~ pr¢,.:¢dlng to aequlre real property, whichever is the earlier, sho!l reimburse the owner, to the extent the public entity deems fair and reasonable, for expenses the owner necessarily incurred for reeordlng fees, transfer taxes, and similar expenses iueideutal to conveying such real property to the public entity, 8~c. 9. Section 7267 of the Govermuent Code i~ amended aud renumhered to read: 7267.8. (n) Excepl as provided in subdivision (b), pay- menrs under the provisions of this chapter shall be made to eDeib]o persoos in neeordance wi~E such rules and regulations as shall he adopted by the State Bonrd of Control for property neqnisitions by a sta~e agency, or the governing body of any other public entity, for property acquisitions by such entity. (b) Paymenis under the provisions of this chapter by the Dvpartmm*t of Public Works for property aequisltlons shaI[ be in' accordance with such rules and regulations as shall be a{h~pted by the .department. (e) Such regulations shall p~ovide that the payments and s~slanee requi~ed of a public entity under this chapter shall be administered in a ~nanner that is fair and reasonable and as uniform as praetkmble. The regulatioos shall also provide that the payments shall be made as promptly as possible or, in hardship eases, in advance. In ad(litio~ the regulations shall provide a reasouable mileage limitation in determining the tual and reasonable expense m moving a business for purposes o~ See. rich 7262. S~:c. 10. Seolion 7267 is added to the Governme~lt to l:,ad: 72~7. [u order lo encourage and expedite the aeq~isitiot~ {~f real pro)erty by aereemems with owners, to avoid litiga- ~rm and relieve eon2estion in thc ~:otlrts, to assure eonsisten~ tr..:[lmont foe owners in tim public programs, and to promote >r,~vb.i,m~ o[ ~,,,.tbms 7~fi7.1 to 72~J7.7. inclusive. --9-- 7267.1. (a) The public entity shall make every reasonable effort to acquire expeditiously real property by negotiation. (b) Ileal property shall be appraised before the initiation of negotiations, and the owner, or his designated represeptative, shall be given all opportunity to accompany the appraiser dm'lng }lis inspection of the property. SEC. 12 Section 7267.2 is added to the Government Code, to read: 7267.2. Before the initiation of negotiations for real prop- erty, the public entity slmll establisb an amount which it be- lieves to be just compensation therefor, and shall make a prompt offer to acquire the property for the l'ull amount so established. In no event shall sneb amount be less than the public entity's approved appraisal of the fair market value of sueb property. Any decrease or increase in the fair market wllue of real property to be acquired prior to the date of vahmtion caused by tile public improvemeat for whiel~ such property ~s acquired, or by the likelihood that the property would be atqnired for such improvemeut, other thau that due to physical &qerioration within tbe reasonable control of the owner or occa pant. will be disregarded ii1 determining tile compensation for the property. Tile public eutity shall provide the owner of real property to be acquired with a written state- meut of. and summary of tile basis for. the amount it estabk lisbed as just compensation. Where appropriate, the just cmn- pensation for the real property acquired and for damages to remaining real property shall be separately stated. Szc. 13. Section 7267.3 is added to the Government Code, to read: 7267.3. The construction or development of a public provement shall be so scheduled tbat, to tile greatest extent praeticable, no person lawfully occupying real property shall be required to laove frolll a dwelling, assm~ling a replacement dwelling will be available, or to move his business or farm operation, without at least 90 days' written notice from the public entity of the date by which such move is required. SEc. 14. Section 7267.4 is added to the Government Code, to read: 7267.-L If the public entity la'rmi~s an owner or tenant to occupy the real property acquired on a rental basis fei' a short term. or for a period subject to tel'ntination by tile public entity on short notice, the amount o~ rent required shall not ex;~'eed the fair rental value of the property to 5 short-ternt occupier. 81.:c. 15 Section 7267.5 is added to tile Ooverllluell( Code, to read: 7267.5. In no ,evem sltal] thc ,public,, ,entity either advance -- natbn aim the depoqt of funds h~ em~rt for the use of the to compel an agreement on the [)rice to be p`ahl for the property. S~:c. 16. Seclim~ 7267.6 i~ `added to the Oovermnent Code, 72~;7.6. If any interest in.re`al property is to be acquired by exm'cise of the power of emi~ent domain, the public entity shall institute formal eondemn`alion proceedings, No ~uhlie enlily shall inhmtiounlly m`ake it ~et. ess`ary for all owner to instil,lc legal proceedings to prove the fact of the taking of ]lis re`a) pcoperty, REc. 17. Seetkm 7267.7 is added io lhe Government Code, to read: 7267.7. If fl~e `acquisliim~ of only a portion of a propert7 tim~ a~ to constitute `an tme,.onomie reran`ant, the public entity shall offer to and may aequh'e the entire property if the owner so dosires. S~('. 18. Seelion 72~8 of the Government Code is amended 7288. The St`ate Bmn'd of Control is autborlzed to adopt rules and regulatimm to implement p`ayments m~der this chap- ter by st, te agencies other th`an the Dep`artmont of Public Win'ks. The Departme,t of Public Works is authorized to ad,:pt rules and rem~lati.ns to implement payments under lids dmpter lly il The ~overnin~ bodies of other public en- tit/es are nnlhorized to mlopt rules `and regulMioas to imple. ment p`ayments under this chaplet by such eutities. snc. 1!1. ~ection 7272 of the l~overmnent Code is re. pealod. S~c. 20. Section 7272 is added to the Oovermnent Code, 7272. If trader auy other provision of law of this state the ow~; er or oecup`ant of rem properD' acquired by a public entity for publle use is g,ven gre`ater protection tbau ~s provided by Soot}mm 721~5.3 to 7267.8. im'hmive the pub}ie entity shall ,also comply with suPh other provision of law. $~:('. 20.;5 Section 7272.3 is a,kb'd to the Oovernmont Code, 7272.:1. It is qhc inieni of the Leg[slMuro. by this ~,h`apter. -- 11 -- Any public entity may, also. make any other relocation assistauee payment, or may make any relocation assistanoe paymeut in an amouut which exceeds the maximum amount for such paymeut authorized by this chapter, if the making of such payment, or the paymcut iu sueb amonnt, is required under federal law to secure federal funds. Szc. 21. Section 7272.5 is added to the Government Code, to read: 7272.5. Notbin~ contained in this article shall be construed as creating in any condemnation proceeding brought under the power off eminent domain, auy element of damages not in existence on the date the public entity commences to make payments under the pr~'isions o~ this article as amended by the net which enacted this seetiou at the lSYl Regular Session of the Legislature. Sue. 22. Section 7274 is added to the Government Code, to read: 7274. Seetious 72~7 to 72~7.7. inclusive, create no rights or liabilities and shah not affect the validity of any property acquisitions by purchase or eondemuation. Szc. 23. Section 83415 ot the Health and ,Safety Code is amended to road: 33415..An agency shall provide relocation assistance and shall make ail of the payments required by Chapter lB (eom- meneing with Section 72~0) of Division 7 of Title 1 of the Govcrnmdnt Code. including the making of such paymen~ financed by tim federal government. This section shall nor be construed to limit any other au- thority which an agency may have to make other reloeation assislanee paymeuts, or to make any relocation'assistance pay- nlCllt ill flU anloullt w]lioh cxrpods the lnaxununl fllnOUnl for such paymont authm'ized by Chapter 16 (commencing with Section 7260~ of Divisiou 7 9f Title 1 of the Government Code. Sr:c. 24. Sectiou 31320.5 is added to the tIealtb dud Safety Code. to read: 34320.5. Au authority shall provide reloeation assistan0e and shall make all of the payments required by Chapter 16 %mumem'in7 with Section 7260~ of Dixqs~ou 7 of Title 1 of the (lovernmcnt Code. includiag the making of such payments financed by the federal government. This section shall not be construed to limit any other au- lhm'ity which an ;mtbo~;ity hilly have to make other relocation sm.l: payment mtthorizt, d by (?hapttq' 16 (commencing with Seetim17260 of Division 7offTitle 1 o[ the Govcrnment Code. 8E¢'. 25. 8ee~inu 600 of the Public Utilities Code is- amended to read: 600. A publle utility acquiring real property by eminent domain shall provide relocation advisory ~,.~sistanec and shMl m~k;, any of the payments required of public entities by Chapter 16 (commencing with Seetion.726tJ) of Division 7 of Title 1 of the Government Code. Szc. 26. Article 4.5 (commencing with Section 21690.5) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code is repealed. S~:c. 27. Article 9 (commencing with Section 29110l Chupter fi of Part 2 of Division 10 of the Public Utilities Code is repealed. Sire, 28. Article 3.5 (commencing with Seetion 156) of Chapter 1 of Division 1 of tim Streets and Highways Code is repealed. Sec, 29. Article 4.5 ~eommeneing with Section 170~ of Chapter 1 of Divisi(m 1 of the Streets and Ilighways Code. as propos~,d by Assembly Bill No. 2888 of thc 1971 Regular Scs- sion of the Lcgislalurc. is repealed. S~c. 30. {al Nolwithstandine the amendments to. and repeals of. various provisions of law with rcsper:t to relocation advisory and financial assistance effectuated by tiffs act, a public entity may, until July 1, 1972. continue to render such ;lss~slancc ill accordance with such provisions tls they existed pmor to being ami,haled or repealed by this (b) Commencing on and after July 1, 1972, such assistance' shall be rendered in accordance with this act. Sgc. 31. Notwithslanding subdivision (al of Section 30. relocation advisory and financial assistance shall be rendered in accordance with the provisions oi this act in tile case of airport relocation and development in a county having a popu- lation of more than four million persons. 8~c, 32. Sec'lions 1.4 and ~ of this act shall become opera- tive on July 1, 1972.