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HomeMy WebLinkAbout05 - Correspondence - Letter From Michael D WeagleyCLARK MILLER C. ARTHUR NISSON NELSON KOGLER H. LAWSON MEAD MILLER, NISSON 8 KOGLER ATTORNEYS AT LAW 2014 NORTH BROADWAY SANTA ANA, CALIFORNIA 92706 October 1, 1973 City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, California Gentlemen: r . 1 Or CALli TELEPHONE AREA CODE 714 542-6771 6-5 On behalf of Mr. Michael D. Weagley, I am requesting that your City Council review a decision of your staff as to the eligibility of Mr. Weagley for benefits under the Relocation Assistance Law (7260 et seq. of the Government Code). Mr. Weagley presently resides in a housing unit located at 955 W. 16th St., in your City of Newport Beach. The property upon which his rental is situated was recently purchased by the City of Newport Beach for the purpose of extending your water storage facilities in that area. Mr. Weagley has resided on the premises since 1971, more than ninety days prior to the initiation of negotiation by your City for the purchase of the property, and therefore comes under Section 7264 of the Government Code, as well as other sections of the Relocation Assistance Law. When Mr. Weagley located the property where he now resides, all of the residential units thereon were unhabit- able and Mr. Weagley contacted the prior owner and agreed to make them habitable and to maintain them and manage them. In return for this service Mr. Weagley was allowed rent-free use of one of the units. This informal arrangement continued up until the present time, when the City of Newport Beach sent a letter dated August 30, 1973, which is attached hereto, which raised Mr. Weagley's rent to $110.00 per month until January 1, 1974 when it will be increased to $135.00 per month. The City, in that same letter, offered to allow Mr. Weagley a $35.00 credit towards his monthly rent if he would continue with his prior responsibilities of collecting the rent and maintaining the property. Mr. Weagley is unable to pay the increased rent (which is obviously the type of situation which the Relocation Assistance Law was meant to rectify) and so on September 11, 1973 i1�1� ... ��� e .. SEAT T C 1untger A t lurney Public Works f)ireeltoil n1'Inu fling director r� dliher (=I �� 1.uuncilment City Council -2- October 1, 1973 he wrote a letter to the City of Newport Beach in which he stated that he could not abide by anything except the prior rental agreement and requested his rights under the Relocation Assistance Law. A copy of Mr. Weagley's September 11, 1973 letter is included herewith. On September 24, 1973 the City of Newport Beach wrote to Mr. Weagley a reply letter, a copy of which I am enclosing. In that letter the City states, in effect, that if Mr. Weagley is forced to move from the premises because of the raise in rent, he is no longer covered by the Relocation Assistance Law. The letter states that if Mr. Weagley were financially able to remain on the premises until such time as the City gave him notice to vacate the premises, he would then be eligible. This interpretation results in the Relocation Assistance Law becoming of little or no effect in protecting those people it was intended to help. "Displaced person" is defined in Section 7260 "...any person who moves from real property ... as a result of the acquisition of such real property ... for public use." It is Mr. Weagley's contention that the Act clearly covers him under the circumstances of the case. Because of his financial situation he is unable to afford to move from the premises without the aid of the City as required under Section 7260 et seq. of the Government Code (the Relocation Assistance Law). It is therefore requested that your City Council review your staff's decision and either: 1) Instruct that Mr. Weagley's rent remain at its original level until such time as the City does give him notice, or 2) that the staff be instructed to provide relocation advisory assistance under Section 7261 of the Government Code, compensation under Section 7262 of the Government Code, and payment under Section 7264 of the Government Code, all to Mr. Weagley's benefit as required by the California Government Code. Your attention to this matter is appreciated. Very truly yours, u(A„,\1\167,„ H. Lawson Mead HLM : c p Encl. CITY OF NEWPORT BEACH CALIFORNIA August 30, 1973 Mr. Mike Weagley. 955-B 16th Street Newport Beach, CA 92660 Subject: Rental of 955-B l6th Street Dear Sir: 924E4 City Hall 3300 Newport Blvd. (714) 673-2110 The City of Newport Beach purchased the property on which you are now re- siding. At present the City does not have any immediate plans for the use of the buildings on this property and will continue to rent to you on a month to month basis. Thepitt i11 not make any improvements or repairs on the property or to the building. The'City reserves the right to inspect the premises from time to time to insure that the property is safe for occupancy. A survey of similar rental units in the area indicates that one bedroom un- furnished units are renting for $135 per month. Your present rental rate will continue through September. Effective October 1, 1973, the rent for the unit will be increased to $110 per month and on January 1, 1974 it will be increased to $135 per month. Rental rates will be reviewed on a six month basis after that time. If the City requires you to vacate the premises because the houses are to be used by the City or are to be demolished, you will be given a 90-day notice to vacate and will be eligible for relocation assistance. These benefits have been explained to you, and if you have any questions on them, please give me a call. Since basic. City planning policies discourage the operation of existing non- conforming uses on City property, when you do move, the City does not plan to re -rent the units. Mr. Jack Beckwith of the City's Utility Section will be the City's repre- sentative responsible for handling these rental units. His office is located at the City Yard at 592 Superior Avenue. The phone number is 673-2110, extension 267. If you wish to continue to manage these units the City�ill allow a $35 credit toward your monthly rent. You would be expected to collect the rent and give it to Mr. Beckwith and be responsible for the property remaining in its present condition. Very truly yours/ -Don Webb Cooperative Project Engineer DW: h h CITY OF NEWPORT BEACH CALIFORNIA 92460 September 24, 1973 Mr. Michael D. Weagley 955 West l6th Street Newport Beach, California 92660 City Hall 3300 Newport Blvd. (714) 673-2110 Subject: Rental of City -Owned Property at 953 and 955 16th Street Dear Mr. Weagley: Your letter of September 11, 1973, has been received and reviewed by my staff and the City Attorney. The City does not intend to continue renting to you and Mr. Shulman under the same terms as you had in your 1971 lease with Mrs. Salter. The August 30, 1973 letters given to you and the other tenants by Mr. Webb describe the terms by which the City will rent to you. They also gave you a 30-day notice of the change in rent status. Please refer to Section No. 7267.4 of Assembly Bill No. 533. This section states that the public entity can continue to rent property for rent not to exceed the fair rental value of the property. Our study shows that the new rental rate is comparable to rental rates in the area. If, at some future date, the City gives you notice to vacate so that the property can be used for public purposes, you will then be eligible for re- location assistance under Assembly Bill No. 533. Very truly yours, cr.:2 oseph T. [ublic Wor 9W:jfd evlin s Director 955 West l6th Street Newport Beach, CA 92660 September 11, 1973 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 Attention: Mr. Joseph Devlin, City Manager Dear Sir: After reviewing your proposal dated August 30, 1973, which revises the rental rates on Apt. 955-"B" West l6th Street, Newport Beach, I conclude that, "the only agreement that will be acceptable to me is the prior lease agreement." Please find copy enclosed. If these terms are not acceptable then, as of October.1, 1973 I claim to be protected under assembly bill #533. (1) Section 7260-(C) a "displaced person". (2) Section 7261 shall provide relocation advisory assistance and all other benefits under this section. (3) Section 7262-(B) shall receive moving expense allowance. and all other benefits. (4) Section 7264 additional payments required by this section and all other benefits due to a "Displaced. person". Thanking you for your immediate consideration. Yours very truly, Michael D. Weagley MDW/7f