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HomeMy WebLinkAboutRobert L. Mayer - 1988-06-22 (7) � r SF,CTi(AA1 3 . This ordinance shall take effect t:h3.rty days after its adoption . PA:�hI:U AND A1)[:P); ;U by the City Council oaf the Ci ty of 11untinclton heach at a regular meeting thereof held on the day of 19886 Mayor ATTEST : APPROVED AS TO CORM ! Ci-ty Clerk C t Attorney41 4r1'�ir REVIEWED AND APPROVED ! INITIAM AND APPROVEM ~1'1 City Adminiatral:or Director of. Community DeVelopment j, i be Z i- . 1 i, I:L ANWIN G ZONING DIM 61,;,,,.,, ww�r SECTIONAL DISTRICT MAP 14-6-11 N OT L'• CITY r,nq •r. rnrfr■Ila•l10 tl�OF 1 ulr l!.., a{�1•tl ro 1.1 to, WaC 1ht 11 ri.I0 il�ll- `I� •yLKf4 l'/illY YIIJlti •.'1*'v� rW�Iy r+I.1✓1 LEM0. r��1{•I ((u •ro �// ralr.q,Ira nr 1►f �:lM i�ti /i wuur w..r town wrR�\1r• I.IIk11 r •!'•1_�-�' r 1pN , � , '{ Ir1111•�•1•IY IIIII I•IIM•IIrW{1�\1\•/ J-RNTJ1 i \� ' ,r(- / 1. \ 1 3 E ACH � l'�(1�• (�:l rlr,r., ,rwn „w 1'r �• A , INII Il r/I�IMIIAIN.1 I�fi Mh16 q• �MMNMYY r IN: w,•�11../h ••rN r•rn •r 111•.r 11•�1 I(�! r1MW1 l'MYI•lYl Irr11 r1!1 T [ CALIFORNIA 1 j /• N�� I:qI lrwrrlr a— r.., 1 It A N t� !1t COUNTY , C A L I I' n R N I A �;� !. � __ 11111(.., .�...�. I:�'. 1 1 � KGflwTlf^11u111tM If IrIM 11 16i1\MIN •,� [>r}••' gMM[t tYr[I lrl(r17 101111111 Im rf/tff;bow pulp" 11_ ex, ATLANTA am OWN FIC / GIST ICT Q6a� �y `. i Rx-rO-C�Ffr1 lA \\ ��� ill• , 4' �� b ^ `�v !�': :.� ��� n!' pp-CL`fp2 Rx•Po-C •QAll ,t MM•CZ-FPt t- +�ten. -..p��.V. .. fit• -0 DOWNTOWN SKCIFIC PLAN_ MST 00-FP9 .,�,. �,� °�'r,�ii•,e�, `�.,, .fir.. low �J I 1 . 1 Y SIXTTON 3 . This ordinance shall take effect thirty days after its adopLiori . �-- PA.31-SkU AND AI)()WITI) by . the city of the Ci ty of: + Huntinytorl Beach at. a regular meeting thereof held on the day of 1988 . Mayor I ATTEST ! APPROVED A5 TO FORM I �I %L City Clerk C�k At,turney is REVIEWED AND APPROVED : iNITIATED AND APPROVED; City A m nt r for Director of Cornmuhity Development + ! i I i - t ti I , t ' (i `I 1 f b c Z 1: .f..,.•.1 . . i MBA 1 .. ' 1 FiEOLIEST FOR CITY COUNCIL ACTION RH 88-51 Date -9 P S 5ubmittod to: Honorable Fiayor and Citv Council Memb,rs Submitted by: Paul E. Cook, City Adminlstraco -- t� Pr"red by: Douglas N. La Belle, Deputy CIty Administrator/Comma.-ity Deveiopm t Subject: PACIFIC TRAILER PARr QUISITION AND RELOC.,%TION AGREE Consistent with Council Pollcy? yes Now Policy or Exception � Statement of Issue, Rwommendation, Aimlysis, Funding Sourrs, Alternative Actions, Atta,-hmenta: . STATEMENT OF ISSUE: ' TransmIcted for City Council consideration is an Agreement with the owlers of Pacific � � Trailer Park regarding the acquI..ItIon of needed right-of-way and Improvements, the completion of public and private Improvements as It relater, to the Walnut Avenue extension for the Waterfront Phase I Project, and the relocation of reLiIdents Impacted by the Walnut Avenite al-gnment. This Agreement has been prepared to mcpt the agreement provision indicated In the Planning Commission approval recommendation for Precise Plan of Street Alignment 88-i. RECOMMENDATION: Approve and authorize the execution of the Pacific Trailer Park Acquisition. and Relocatlec., Agreement. ANALYSIS: For some time staff has been meeting with representatives of Pacific Trailer Park to address a variety of matters relating to future street Improvements e.djacent to Pacific Trailer Park Including but not limited to Walnut Avenue. The attached Acquisition and Relocation Agreement Is intended to resolve those matters that will Impact the part: as a result of Waterfront Phase I Project and the completion of the initial portion of the Wal.iut Avenue extension. The Agreement Is Intended to merely set forth the methodology that will be assumed for the subsequent acquisition of right-of-way and improvements for Walnut Avenue and the obligations that will be assumed by the project as a part of completing the Walnut Avenue Improvements. FUNDING SOURCE: The cost of the Walnut Avenue right-of-way acquisition and improvements will be a cost 'af the wxterfrom, Project. ATTACHMENT: 1. Pacific Trailer Park Mobile Home Acquisition and Relocation Agreement, PLC/DL.Baar 3489r .IA. 1, 1 ,I i AGREEC4ENT FOR ACQUISITION AND IMPROVE14ENT OF ! REAL PROPERTY AND RELOCATION OF TENANTS EETWEEN FOX HILLS TRAILER PARK AND THE CITY OF HUNTINGTON BEArH i This Acquisition, Improvement and Relocation Agreement ( the "Agreement" is entered into this day of 1988 , between Elie Cifi:y of Huntington Beach ( the "::ity" ) and FOX Halls Trailer Parh, DBA Pacific Trailer Park, & California General Partnership ( "Owners") . The General Partners of Fox Hills Trailer Park And their addresses are: Laura Plunkett 80 Huntington Street, Space 510 ' i Huntington Beach, California I Gertrude Marian 47 Southampton Newport Beach, California 92660 Precise Plan of Streeh Alignment No . 88-1 proposes to extend Walnut Avunue between Lake Street and BeachiBoulevard. The portion of the street alignment which extedd:c between Huntington Street and Beach Boulevard wi71 impact appfioximately nine coaches In the Paci.f is .Trailer Park and requires fcquisition of property for the proposed right-of-way from the P operty Owners as shown on the site map attached hereto as Exhibit All . The City of Huntington Beach will reimburse the Own rs for the `:air marker: value of the lard and provida capital improvements as well as offer relocation benefits to those affected mobilehome tenants as mandated by the California Relocation , ssistance Act (Government Code Section 7260) and specifically o4tlined by the'City' s Rules and Regulations for Relocation Assiot nce (Exhibit: "B" ) . The purposs of this Agzeenie t is t:o (/f 'et out the terms and procedures for the acquisition of n9eded right-of- way, offsite and onsite improvements nE3ded to comp 'nte the Walnut Avenue i�xtensicn, and the forms of assist Vice to be provided to Pacific tt iler Park residents who are di laced due to the acquisition . Bbth parties recognize and agree at: there are outstanding issues ral'a ting to Pacific Trailer Park hat are not addressed in this Agr' c-ement and that the parties w 1 work toward agreement on those matters by no later than Decemb 131" 1988 . general...Ob 13tions of the City, A. To acquire the right�o -Way for the construction of Walnut Avenue betwee , ake Street and Beach Boulevard as established by Circu). tion F.iement Amendment No . 89--1 aria:-further defined Precise Plan of Street Alignment No.., 88--1 . j I f i I B. The relocation of disrupted public and private } facilities , sewerlines and utilities necessary t comyle� e the construction of Walnut Avenue . C. The relocation of Falk tonant's displaced by the, extension of Walnut Avenue . The coaches displaced by this action include space numbers ;13 , 715 . 711, 719 , 7200 721, and 722 . Coaches potentially imgacfed by- the 4 street extension include spaces 711 and 719 which due to the proximity to the new right-o.:-way may be' relocated at the discretion .'`f the coach owner . L Improvements neces'Kary to ntitigat-,e impacts; of the street realignment on the integrity of the , "arkjto the reasonable satisfaction of prope:rt-j­'--•)haofr . City obligations toward reconstrurti.on of t et Park shall I include but not be limited to the ite s listed in the j attachment preliminary demolition re rt (Exhibit "C" ) in view of the Preliminary nature o / that report . t e ur.e end TermEQrrty AQq i The City has previously authorized fun s for the appraisal of property involved in the right-of-way acquisition. The appraisals shall be performed by an MAI designated praiser of right-of-way acquisitions . to determining fair market value, these appraisals shall include land value and in,none streapa- generated from tl..e f affected mobilehomes . The City si%all Wiso authorize appraisals to determine in-park value of the mobile h mes . The owners and' individual mobi.lehome owners may deli nate a SeMnd appraiser at their own cost. If the appraisers do not concur and the difference between the respective higher and lower determ' ations ,is an amount less than ten percent (10%) of the amount of the higher determination, the mean average of the Mwo: determine ions shall be the' apprai.sed value . If the difference between the two determinations exceeds ten percent: ( 10%) , a third appraiser may be selected by the two original, appraisers or by the presiding Judge of the Superior Court: of Orange County. After nevi ewing all findings , the third appraiser within sixty days shall make the fz.nal determination. The following expenues of ;escrow shall be p&id by the City: i (1) The; full cost of securing the title insurance policy described in this i greemen't . (2) The cost of preparing,, executing , acknowledging , any deeds o.. other inezruments required to convey title to BUYER or his nomineeu in the manner described in this Agreement . (3) The cost of recording a g.rs►nt deed required to convey title to said Property to BUYER or his nominees as described in this Agreement . ;i -2-- ( 3979h) r r r . i i r (4) ,kny escrow fee charged by the escrow holder in addition to the cost of the title insurance policy. / . Owners shall hold City Harmless for hazardous was e r contamination clean up costs for contamination creat d prior to the transfer of title . (1) Neither SELLER nor , to the best of SELL 15 knowledge, aziy previous owner , tenant , occupant•, o user of the Property used, gene-:ated, rt-,lraased, d scharged, stored or disposed of any Hazardous waste, ' oxic substances or related materials ( "Hazardous Mates als" ) on, under, in or - about the Property, or train,pored any Hazardous Materials to o- from the Property SELLER shall not cause or permit the presence , us , generation, release, discharge, storage or disposal any Hazardous Materials on, tinder, in or abo or the transportation of. ,any Hazardous Materials to r from the Property. The tes.im "Hazardous Material" sha 1 mern any substance, material, or waste which is becomes regulated by any ' local governmental authority, the State or Ca.14fornia, or the United States Govern ent, i.ncludixir, but not limited to , any materiel o substan,.;e whinh is (i) defined as a "hazardous w . te , " "zxtreniely hazardous rtaste" or " restricted haz rdous waste" under Sections 25315, 25117 or 25i22 . 7, or listed pursuant .to Sect-,ion 25140 of the Califgg ty Code, Division 20, Chapter 6 . 5 (Hazar as Wsste Control Law) , (U-) defined as a "hazardou substance" under Section 25316 of .the Ca l i fornI e, Division 20, Chaptei 6 . 8 (Carpente -Presley--Tanner Hazardous Substance '-.count Ac ) , (iii) defined as. a "hazardous material, " "hazardou substance" or "hazardous waste" under Suction 25501 of the Call Tornio _��tQalth 4011 Safety Codg, Division 20 , hapter 6 . 95 (Hazardous Materials Release Rasp3nse P ins and Inventory) , (0) defined as a "hnzardous substa e" under Section 25281 of the d.@, Division 20, Chapter 6. 7 (Underground ptotage of. Hazardous Substances) , (v) petroleum, (vi) sbestos , (vil) polychlorinated byphenyls , (viii listed under. Article 9 or defined as "hazardous" or " xtremely hazardous" pursuant to Article 11 of Title 22 f the Califo_ rzjisfjOlth and Sat'etX Code, Division 4 , Cha ter 20 , ( ix) designated as a "hazardous substance" pure, ant to Section 311 of t},e Clear Water k0t, (33 U. S .C. §1317) , (x) defined as a "hazardous wasted" pursuant-: to Section 1004 of the Resource Conservation apd Recovery ' Act , 42 U. S .C . S6901 et sear . (42 U. S .C . S69,03) qr Cti) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act , 42 U. S .C . §6901 ekggc . (42 U. S . C. §9601) . -3-- (3979h) i i i ,^-oce ftpre and Te _ fgr Property 1mDr.QY"ilp,,jU It shall be the responsibility of the City to prov' e r the completion of improvements to pj(;if:ic Trailer Park as ec sary to mitig6te effects of the street realignment including ep cement of forcing, landscaping or utilities. These obligat' ns shall be extended to include any improvements required to re+.: r the Park to its former operating condition (see attached pr i.m nary demolition report) . 6p0Cifi.ca11y, the: Owners shal b paid for their direct and indi::ect documented costs as they r ate to the i.mprovementc construction. Further, the Owners s a have the right to review all plans fo,c the public improve _n s as they :elate to Pacific Trailer 'PaYk and shall have th ight to reviet.? and approve prior to construction the pri-%,gate p o rty improvements relating to Pacific Trailer Park. A nonexclusive list of the proposed impro a .nts that are the City ' s responsibilities relating to the Waln xtension includeF : (l) The removal of the affected mobil mes; and (2) the demolition and zemoval of th orresponding concrete slabs as required; and (3) the re-construction of conc:ret ads as necessary to maintain remaining lot integri and (4) the repair and.'or creation of treat and driveway ;- improvements ; for remaining s, to blend with a*isting areas ; and (5) landocaping within reconfig ed Park boundaries ; and (6) the parks flood control sy em connection with City systems resulting; fram th al'raut Avenue extension or Waterfront- phases I/II; a (7) electric service changes,. rum flood control .restructuring; and- (8) assistance in possible ,s wer pump/lift station relocation; and (9) a new block wall defini g legal boundaries ; and (10) landscaping outside Pa k boundaries, along Walnut including maintenance hereof ; and ( 11) co-ordination. of SITE ORK contractors or agents with City authority and Pac fie par'.; and ( 17) payment of fees associa ad with the csompletioai of said SITE WORK, -4- ( 3979h) snob r . Hai-ocation aenei its- The L3*t:y shall offer relocation benetits to Pacific.: Tra • I.er Park tenants af4scted by th•j extension of Walnut Avenue as mandated by the California Relocation Assistance Act (Gov rnnent Code Sect4.an 7250) and specifically outlined by the Cit , s :rules and Regulations for Relocation Assistance (Exhibit "B" ) . zn order to provide comparable replacement housing as at;pulit by the City' s relocation qui.delines , one option offered to ie Pacific Trailer Pwrk tenants will be reloca:.ion to a mobile me pa;ek to be constructed by the City. IN MTHESS WHEREOF, Prdp®rty Owner and City h ve executed thi;► Agreement as of the dates set forth ' alow. 19BB CITE' OF H TIVGTON BEACH By ,.�. May s• "City" ATTEST: City Clark APPROVED AS TO FORM: City Attorney w , 1988 FOX HILLS TRAILER PARK, a Ca'i.fornia Gen©ral Partnership By General Partner By General Partner ••�— (3979h) Mi I •" THE REDEVELOPMENT AGENCY OF THE CITY OF IfUNTINGTON B PWH RULES AND REGULATIONS FOR RELOCATION ASSISTANCE, GRIEVANCE PROCEDURES AND REAL PAOFERTY ACQUI9:TIO POLICIM FOR REDEVELOPMENT AUSANCY PROJEe:73 1� ��•;ea �e� 1.0 STATE14ENT OF POLLCYt California Relocation Assistance Act (Government Cod Section 7Z60, a sea.) requires that a public entity shall provide relocation dviscry assisterec and make specified payments to those pe!sons and b resses displaced as the result of acquigttlon of real property for public: use. rsuant to Section 33411 of the California Community Redevelopi,1^nt La-P d Seetion 60313 b (5) of the California Relocation Assistance Guidelinets a ethod and plan (advisory servicats) must 1:* provided for the relocation families and persona i; be d4r,!ieced from designated redevelopment proje areAs. The plan which foLows is in cnmplhanue wi, these sections of the law and guidelines and is further Intended to demo trate both the City of Huntington s Beech' and the Radevelopirent Agency S ear intentions to provide maximum relneatinv e' advisory assistance to per who may 5e displaced by the Hunt;nWto'r-; Beech rpdeveloprnent acthAties. Such professional assistance, together rii`n pay�aE ,e. of relocation binefits as pvcvided for in Section 726C ej s gw of She Government Ce)dc, ar� purposefully intended to minimize the inconvenience caused by displaceme and the. need to relocate. 2.0 DEFTNITIONS: 2.1 Agency - means the Huntington Beach Redevelopmeni Agency) its �:aff and consultants and c o" actors It employs. 2.2 Acquired Dwellitg - means a dwelling purchased by the Agency, a dwdlling :or which urehase negot!ations have been initiated, or a dwelling on which 4habilitation activities or Participation Agreement activities hove beef required. 2.2 Averse Annual Net Earn! L& - one-half of the net earnings of a taus neft ba'ore a deral and :state income taxes realized during the two tax years aft C. ainess immediately Acceding the tax year in which the real pro ty an which the businoss is loce`.ed is aeguired by the Agency, yr d its such other period the Agency determines to be more equitable f establishing such earnings For businesses operated for a period leas hap 'two tax years prio►, to the date of acquisition, a different od may be edapted as may be determined to be equitable. Net earni shell Include salaries, wags or other compensation paid by the 'Sin 6 to the owner thereof, this owner's spouse, or the owner's &penden 2.4 Rusin meeans any lawful activity, excepting a farm operation, eo~r d t primarily: -- or the purchase, sale, lease or rentarl of personal and real roperty, and for the manufacture, processingap marketiag of roducts, onmmodities or any other personal property; or 0448H -I= Exh:0jit "B" lama ti. 2.7 Conventional Loan means a mortgage commonly given by banks, savings and lwnassocistions to secure advances on, or the unpaid purchase price of reel property, payment or which is not insure by Any agency of the state or federal governments. 2.9 Date of Initiation of nego!lations for the Parcel - means h date the envy rnaku its ie first pergoar Contact Wth the wn r or hiQ repr senti.th".- ..nd furnishes him with a written offer o chase the property. { . For purposes of establishing payment eiigibilit in f be case of rehabilitation, code enforcement ar:di parti patio agreement ,activitiEs, "Initiation of Negotiations" shall mea the d .; on which a displacee moves from a displacement site. 2.10 Director - means the Adrninistrator of a Age by's Relocation 79-s tan ce .::lcogra m; i.e., Oepvtr �3it -Tt it 'L-- 2,11 laced Person - means any per:.on who over fraft real propertu, or who moves n'FTs personal property from r proper $s rx result o the acquisition of such real property, in wh a or to pi t, by a public entity or by any person having an agreamen with or sting on behalf of a public entity, or as the result of a wri ten order . rom a public entity to vacate the real property for public u j s Ibis definition shall U construed that per*ns displaced as a result of public action receive reloc:act' n benefits fin eases where they are displaced as a result of Farti patios Agreement or an acgl4sition ` car vied out by a private perso for or in con+ection with a public use j where the p+rbbe entity is )th wise empowo red to isequire the property tti carry out the public use, ; i Where only a portion of he areal pre rty is taken, a person who occupied all or a portio _ of the rem index shall be considered a displaced person only if Jhe aeyuf-Atiun 'or construction of the project made the displacement cessary. �f' 7 For purposes of eligib ity for advisory,Assistance and moving exnenses (excluding the In-Lie and Replacerneit Housing Paymenta), a person is considered displaced f he receiv►esy a Britten notice from the Agency to vacate other real p perty on which the person conducts a business. { 2.12 Dwells - mea any sing.94ao lly house, a single-family unit includi a non usekee in unit) in a multi-family buNin a unit rf � P 8 y �': . a condominium r cooperative houping project, a mobile horns or any other rersidenti unit. 2.13 Economic Re t - means the reasonable rental expectancy If the property' wer available for rent; or lease: the rent or lease tAyment being paid f eotnparAble space its distinguished from eontract rent or lease payme t. 1 2.14 Eti able Pd,& n means any displaced person who Is lawfully entitled to anll rerloes on payment under state or federal regulations. i 9 Y ' 0448N l -3- mom , •. M ti i For the salt of services to the public; By a nonprofit ocganizatir.,n. 2.3 City- m-mns the City of Huntington Beech. 2.5 Comparable RP lacement Dwelling - means a residential dwelling which satisfies each of the following stan6ardst Functionally equivalent and ,substantially the same as the acquired dwelling, Including newly-ew-istr feted housing. --- Decent, safe, sanitary and adequate in size to meet the needs of Vie displaced family or person. However, at the option of the displaced person, a replacement dwelling has tho same number of rooms or the equivalent square footage as the dwelling Xrom whicl, he was displaced. -- Available in the open market to the displaced person and open to all persons regardless of race, color, sex, age, marital status, religion or national origin, Consistent with the requirements of the Civil Right Act of 1564 and Title YIII at the Civil Rights Act of :968. -- Located ill an area not generally less desirable than the one In which the dwelling acquired by the Agency is located wt2h respec t to! 1 - Nelght:crhood cunditionsy schools and mu2jicipel services; Public utilities; Public and commercial faellities; and Reasonably aecessibl+e to the displaced person'u present placy of employment or potential piece of employm . -- •I:. -- Within the financial means of the displaced family or person. A replacement dwelling Is within the financial means of s displaced person if the monthly housing coat (Including pesyr.ents on mortgage, taxes and insurance) or monthly rental cost- (ineludio utilities and other recurring expenses payable. by the Tenant) Including any replacement housing payineat available +o the displaced person d649 not exceed 25 percent of the displaced rb person's or faMay's average monthly Income. A replacement dwelling Is within the financial means of a displaced person If the purchase price of the dwOing, Including related Increased interest coats and other 'incidental expenses, does not exceeO the total amount of the eminent dornain award or the negotiates requisition price paid by the Agency fer the dwellhIff acquired and the replacement housing poyment available to the displaced person. 0448H �.. 2.V1. F&I.-lily - means two or more individuals who by blood, marriage; FUdn or mutual consent live together as a family unit. 2.16 Farm Op2ration - means any a^tivity conducted solely or primarily for He prrduct on of one or rnora agricultural products or commodities, including time, for gate or home use and customarily production such products or commodities in sufficient quantity to be capable of t;• contributing materially to the opera toOs support. ? , 2.17 Cross Income •- means the annual Income from all soureAs of each , rr:ember of the family residing in the household who is eig„teen (18) years of 'age or aver, except that income of a heed of household or his spouse who is uiw%r eighteen (18) shell bee-included. . Gross income is based on the 12-month period immediately price to displacement. If the Agenny determines, on a cascs-hy-case basis, that the use of the . 12-month period prior to dissplacement would result in a hardship to the claimant, an alternate period, actual or projected, may be used in such exceptional situations. 2018 tnc�l Epenses - means cx,.lenses incurred by an e;igible displaced person in conneet on with the purchase 'of a comparable replacement dwelling which are reasonable and Urn lied to the following: -- Lender, FHA or VA appraisal lees; -- FHA or VA application ice; i -- Certification of structural soundness; J — Credit report; — Title search expense and title irourance puliry premi;:ms; -- Sales, transfer taxes and revenue stamps; — Escrow agent's fees; -- Nota st fees; Recording fees; . -- Fee&. fur preparing , documents relating to purchase of the replacement dwelling; Loan -service tee not to exceed one percent (l $ ) of the purchase price and origination or discount points cu3tomarily charged. Prepaid oxpenses and any fee, cost, charge or . expense .wh1uh is determided to be a part 'U the debt service or, finance charge under Title V. of , the T?-uth and Lending Act (Public ' Law 90-3211 and Regulations % issued purruant thereto by the Board of Governovs: of the i+edeval Reserve System shall not to dr.-emed An incidental expense. - f , O448H 4& 2.13 Mobile Ii.ome - means a vehGc,Ft, other than it rr3otc- vehicle, designed or u or •• umnn habitation, for carrying persr�i)s and property on Its o*n structure and for being drawn by a motor vch`n-le. 2.20 Month!,y Bross Income - means the total monthly income Lf A family or individual JrraspectKe of expemses and voluntary or involuntary deductions and Lne-ludes, but is not 1lmited to, saleries, wagesc tips, c-cm.nmWions, rents, royalties, dividetds, interest, profits, pensions -end trnui:ies. :`T,1,21 Mort e - means such classes of liens a: are commonly given tr secure advances on, or the unpaid purch+.se Drina of real property. together with the credit Instrrments, if any, secueed thereby. 2,22 Nonprofit Organization - means a corporation, partnership, individual or other vdhlic or prTve. a entity engaged in a business, profe=jonal or instructional activity on a nonprofit tmsl.% necessitrit!ng fixtures, equipment, stock its trader or nther tangib)e property for V,,e carrying on of the business, profession or institutional activity on the premises. 2.23 Owner - means a person "own. n dwelling" i! he: -- Holds fee title, a life estate, a 99-year lease, or a lease with not Tess than 5a years to run form drte of acquisition of the property for the project; -- Bolds an inten°st In a cao Motive housing g project which i.nc,:udCS the rights of occupancy of a dwelling unit therein; -- Js the contract purehsses of any of the foregoing estates or inter-gists; -- Has a leasehold interest with an option to purchase; or Owns a mobile unit which, under state law, is determined to be real property, not personal property, 2.24 Pp�raon_- moans any individual, p .,rtnership, cirporation or association. 2.25 Personal ,Pro`I,rt (To itlt Personal F_roperU) - means tangible _,. ,.. pr operty w c 'As situated crri'tR real vacated or to be vacated .by a d*lsced pawn and which is co.,Wdered .personal property and is noncamp nrxble (other tl*mn for expenses) under the st&A09 low of. pminerst domain, and in the case of tenant, fixtures and equipment and other property which may. he characterized arreal property und'pc state or loorl taw, but which the tenant may lawfully, and ;it htg election determines to move and for which the ter in' t is not c=penssted In the sal property acquisition. in the case of an owner of real property, the' deterldnetion as to whether as stern of property is peril or real shred depend upon hew It 0�4NIi _5.» «.wc. i, Identified ip the acquisition app:n ixals and the closing or se►,►ement stntecrent with re:;peat to the ►cal p:operty ,sequisitions: provlvr d, tleat mi item of property which is comiw,-o,4Able under state and local lAw to the owner of rea! prop x--rl�:y in the real property acquiNition may be treated as tangibly: persona.-I in computlig actual direct losses of �'arigible proper-:,J. 2.;:6 111rimid E cL.ses -� means it�unis paid in adveince by the .seller of rea' pro�rty anal prorated between :�_tch seller and the buyer of such real property at the close of escrow including, but not limited to real properly -aces, for iresurnncr, homeownors` asnocUition clues and insse-usment payments. 2.27 _P_r_oojeect ManaLer - the Project ;Manager (as desJgnated by the Director) iall-be the person with primary administrative responsibility for the redevelopment project area from which the displacement has occurred. 2-28 Public Use -- meams a use for which real property may be acquired by i 7 anent domain. 2.29 Purchases (He lacezment, HousinL) - means: --- Tine ne.;luisition, construction or rehabilitation of a dwelling, the purchase and rehabilitation of a substandard dwelAng, the relocation or relocation and rehabilitation of an existing dweWng, or the entering into a contract to purchase, or for the construction of a dwelling to be constructed can r: site to be provided by a builder or developer or or, a site to be provided by a builder or developer or on a site which the displaced person owro or acgjircd for sucn purpose. -- Mobile h� nme`, must be registered with the California Department of Moibr Vehicles in the name of the claimant in order that they bo.1 cons,dnred as "purebased" replacemert d-Wellings. 2.30 Relocation Subcommittee of A en-, - the Relocation Subcommittee of The Aircne, shall consist o any two 2) members of the Agency and the Executive Director of the Agency. 2.31 Relocatee - means :.ny person who meets the def'snition of a Wsplaced person. - 2.32 Relocation ApMals Board •- the Relocation Appeals Board shall consist 07 the Director or one designee) from the Cityes departments of Administration, Community Services, and Redevelopment. Nc, designee may be the same pert-on which has previously rendered a decision on the appealed ca,, 2.33 Tenant - means a person who enters and remains In possession of a dwelling (incluJing a sleeping room) owned by another with the express permission of that owner oe his representative. Ir1Y• 1 --• Sec«-,, priority colluideration for persons eDgible for anti desirirg pubic housing; or any other housing to which displacees are entitled, artd take other r,ppropriate steps as necessary to exrw itte their placement into such housing. ��• Advise aind ass►nt owners and site occupants in understanding end utilizing the "owner, business., and tenant participations opp-ortunities pro0ded for in the Redevelopment flan. �- Assist prespective home buyer., in obtaining appropriate mortgage financing and advise them of -pecia,l FHA, VA and other financial aids available. -- Make referrals to community social, welfare, and other similar agencies when such referrals are deemed advisable and cooperate with these agencies oil. an individual basis to assist In the soltjtion of specific problems affecting the relocation o: Individuals, or groups of relocatees. Maintain liaison services between businesses, site occupants, and commercial property brokers, realty boards, Chambers of Commerce, the Small Business Administ:-atiun, the economic development agencies, lending institutions, and other appropriate resources for advice and assistance in effecting the satisfactory relocation of site occupants. — Assist project area occupants In preparing all claims for relocation payments to which they are entitled. — &gtablish records, maintain files, and provide ongoing reports to the Executive Officer and Agency on field relocation acdv!ties. Coordinate relocation activities with other Agency operations. 4.0 REPLACEMENT HOUSING STANDARDS It is the Agency's objective that all displaced residential occupants be rehoused, with a w0nimum of hardship, Into accommodations that are decent, safe, a$nitary, and suitable to their !ndividual needs; located in areas not less dodrable than housing which exists in the Project ,Area with ra ct to public utilities and public and commercial facilities, and are reasonably accessible to the project area opcupants' places of empiuyment; and are priced within their financial meths. 'Me standards set forth below have been established by the Agency to achieve theses objectives. 4. 1 Staff for Dwehi. ngs A decent, safe:, and sanitary dwelling is one which meets all of the: following minimum requirements: *44SH wdw i 4,1.1 Conforms with sU applicable provisiow for existing structures that have been ostacblLshed under sts.te or local building, p►�wnbirig, electrical, housing, crud occupancy codes and similm, ordinances ur regulations. 4.1.2 1lrr,s a< <-,ar.'Inu!ng and adequate supply of potnblr, .-,afe water. I' 4.1 .3 Ifas a kitchen or an area set aside for kitchen us which contains a sink in good working condition and connect to hqt and cold water, nm� an adequate sewage system, 1 sloe and refriggerator in good operating condition shell be provide when required by local code, or::rdnces or custom. When the a facilities are not so rer?ulred by local ende.ti ordinances or .ustom, the kitchen area or area set asid.., for such use shall have 4tilit,y service eonnections and adeop-mte space for th� installation of ,such facilities. 4.1.4 Frog nn adequate hosting system in good working order which will maintain a mbinimurn tlimperature oi '70 degrees in the living area,, excluding bedrooms, under local outc'oor temperature conditions. A heating system wile not be required in those Keogrephicsl iareas where such is y,�ot normally included in new � housing. 4.1 .5 Has a bathroom, well-lighted/and ventilated and affording privacy to a perswn within it, Gontaining a lavatory basin and a bathtub or stall shower, properly connected to an adequate supply of hot and cold running water, and a flush clos►A, all in good working order and properly connected to a sewage disposal system. 4.1.6 Has an adequate ruid safe w!ring system for lighting and o►her electrical services. 4.1.7 Is structurally soundo wen'thertigh:, in good repair and adequately maintained. 4.1,8 Each building used fdr dwelling purposes shall have s safe r unobstructed means of egress leading to sate open stmee at ground level. Errh Owelling ul7it in a multi-dwelling building mtot have access either direetiy or through a common corridor to a meanc of egress to open apace at ground level. In rnulti-dwelling buildup of three stories or more, the common Corridor on eacl,, story must have at least two means of egress. 4.1.9 Has 150 square fbet ,f %abitdble floor space for the first occupant in a star> Wrd ping unit and at least 100 square feet of habitable floor space for each additional occupant. The poor .Xaee is to be 3ubof ided into sufficient mms to be adequate for the family. All ma mtat be adequately ventilated. Habitable floor space is d fined as that space used for slee,rAog, living, cooking or dins purposes, and excludes such enclosed places as closets, prantri bath or toilet room&, service room& connecting corridors, faun ties, and anflnished `ttles, foyers, aiArage Wwces, cellars, �tlbty rooms and similar pace& r i 4 0448N h ; M..r 4.1.10 livery bodreorn wifill contain not less than 80 square feet. of habitable floor area and at least one window opening to the outride. If more than two persons occupy the room, an additional 60 square feet of floor arer. shall be. ei.,quireed for each additional person. 4.2 8.aand arF.L: for Slue ,ing Rooms (nonhouseke InR units) A decent, safe, and ,sanitary sleerpincr room is nne which includes the ` ruinianurn requt'rements contained in Soct.iun A. I., suti)drtigraphs 2, 49 61 7 afed 8 of this section and the ft. ,owhi:rr --- At Icsst 100 square feat of habittabla floor space for the first occupant and 50 square feet of habitnble Boor spree for each additional occupant. -- Lavatory, bath and Toilet facilities that provide: privacy, including a door that ran be located if such facilities are separate from the room. 4.3 8tanc:ards for Mobile Homes A decent, safe and sanitary mobile home is one which includes the: minimum requirernents contained in Subsection 4,1, subparagraphs 2, 31 4, 5, a, 7, 8 and 9 of this section ex2e*pt that it may have 70 square feet of habitable :'lour space for each aadditlonaal occupant and bears the inAgnia of approval issued by they State of California, Depertment of Housing and Community Development, pursuant to the Califrrniaa Health and Safety Code, except those manufactured prior to September 1, 1958. 4.4 Ability to 1 ay The Agency's relocation stuff will g?ve censideration to the particular financial situation of each family or individual and will seek the occupant's concurrence in the final detarminaation of what he can afford to pay for housing. Every effort will be made to maintain the lowest possible housing cos;-income;•-retie, which at the same time provides the relocaatee with adequate housing. As a ;.eneeral rule, displacees sh=W uslielly be able to pay gross monthly rentaAs based on the following criteria: -- Families and individuals - 25$ of gross income. Diap ace;es eligible fer public housing - rents as established by the Housing Authority, which are graded to income. kicomeys, assets and debts are to be evaluated in determining the relative price which is approximately two and one-half times annual grass family Income, combined with monthly payments not exceeding 25 $ of geese monthly income;, will be considered ca being within the finanoial means of those contemplating home ow nershi pr 0440H -1 p- l ' I -44acces may voluntarily relooAle to units exceeding those stanckircis in primp, isut such units may not be used as referrals by the Agency. 4.5 Miseellancois A00itinne ly, units used for referral or feasibility purposes may not b�- located in arena subject to unreasoneble environmental influences and must be available on a nondiscriminatory basis. 4.6 Exceptlora Exceptions to hotining sti; ds mnys be granted in ?,,nergency or other unusual situations. Such exceptions will be limited to Items and circumstances that are heyond the reasonable control of the relocatee. Exceptions w"t not to granted for Items which render the dwelling hazardous, ur,.;afe or ensenitar). 4.7 Environmental Standards It will be the Agency's policy to refer fAmiliesr and individuals to housing in areas not less desirable In regard to public util':tles and services, and commercial facilities than presently awail&bl4 in the Project Area. Furthermore, such housing shall, to the extent posvible, be within a reasonable distance for daily commuting to the displar-ee's place of employment. 4.8 Temporary Housin&ftandard3 Housing not meeting the agency's established standards :or permanent relocation may be used for temporary hotming only when it bee!omes necessary to relocate a project area occupant pending the availability of permanent quarters; to tocilitate commencement of derrolftfur. or site improvement operations; to vacate premises which are utmfe; and/or to effectuate reductions in overall redevelopment: project cosis. In no event will the temporary !rousing affered by the relocation staff be of less desirable character than !hat from which the project area occupant is being moved; further, such temporary housing shall be in a safe and habitable covdMon. 'temporary relocations made by the Agency will be kept to a minimum both as to number and duration, and will nqt diroinish the Agency's obligation hiith r*"ct to the dteplaeee's permanent relocation. 71e necemry casts hicurred in temporary en-site moves made at the . direction of the Agency will be paid by the Agency. If a self-relocatee Moves into temporary housing and declines without satisfactory reason to accept standard housing to which he is referred, It will lie considered that the Agency's responsibility to the relocatee has been dbeharged. I o�rr�t• -1 l 1 , 1 14.9 Obtaininc Reln--ation Housing 'ibe Ag:ncy will c-stablish a working relationship with owners, operating managers, realtors, multiple 'Usting bureaus, propertir maiwgeamnik firm?, and others of fering a wide variety of private .standard hnualog for rent or sale. Based principally on this relstioixship, an ample supply of repincement housing will be mad,2 avt ilable ,n order to curry out the Agency's reloention progrni, lb a Agency will obtain. Inspees, and rnaintatin cu►rent listings of standard rental and snie propert1w, which are appropriate for relocation and are available on a r-ondiscriminato►•y basis. information on the ;size, rental or wile price, financing germs .9nd location of nvuilable units will be given to dispinceies :seeking referrals and, as necessary, the relocation staff may provide transportation or otherwise assist the displacec in obtaining such housing. 510 ASSURANCE OF RELOCATION RESOURCES. Before actual displacement is to occur, the Agency will assure that, within & reasonable period of time, there will be available comparable, decent, safe, and sanitary housing stifficlent to meet the needs of displacees ar-id available nt prles-s they can afford. In order that the Agency , .ake such assurance, it will, prior to any dipalacement, undertake surveys if the needs of dispincees aad of the nature and extent of available standard housing suitable to meet the needs of those families and iridividuals to be displaced. Adequacy of housing resources will be judged on the basis of such factors as vacancy rates, actual availability within applicable unit size and price ranges, degree of choice available within the housing supply and relationship of available units found to the needs of df.lacees as determined by occupancy s-urveys. the Agency will document a finding of adequacy of housing availability after completion of the required surveys and upon demonstration that resources will be availablo, at least 6G, days before displacement occ►:!-s. No family or individual wiU b& required to move until or unless suitable replacement housing is available at a price they can afford; no family or individual will be required to move unless or until at least three such ,suitable units have been offered to the displacee and rejected by the displacee. 6.0 RELOC ATIO'N ADVISORY ASSMTA►NCE 6.1 General 71he Agency will provide advisory assistance to all persons displaced or to be displaced as a result of acquisition by the Agency of real pmi; erty, to all persons displaced as a result of property rehabilitetion or codf enforcement activities carried out by private persons in conformance with adopted Hedevelopment Plans„ and to all persons who, "cause of the acquisition of Ml property used for a business or farm operation are required to move their personal property from such 1 other real property. 044-SH IIMI\ i I In addition, relocation advisory mwlslanee will be Offered to any pe:rSon occupying real l:rcperty immediately adjacent to property being aecy.dred by the Agency, if the Director determines that :such person has been entised substan4ieJ `conumic injury as a result of the Agency's acquisition. The Agency's relocation assistance advisory program is &signed to: -�• Fvlly infarm displacces of the availability of - relocation payments end assiMnnce and the eligibility requirements. w- Through e, personal interview, determine each person's need for , relocation assistance. Frovidn current information on the availability of comparable sales and rental housing and location of comparable commercial propel tie,. --- Assu a that, uAtiun a im-asonable period of time prier to disploi cement, tnerc will be adequate replacement housing available for r►crsons who are co be displaced. Frovide oth Er advisory services., such as counseling and referrals, with regoird to financial, employment, training, health, welfare, and other problem areas in order to minimize the hardship.4j'of re:lecation. -- Msist persons in completing required applications and forms. ,} harurin all persons who are expected to occupy Agency property about rental and property management policies to be weed in the project. — Insure adequate insper.tion of all relocatio^ replacement housing. F.2 Information Matedal 7be Agency will distribute informntional materials (see Appendix A) to every area occupant to be d1spL.--,.d or othp wise affected by the project. Written information will be given to a•ach owner and occupant of property to be acquired at. the time the Agency acquires the property. A notification that occupants afe eligible for relocation payments as of the date of the Agency's first offer to purchase the property shall he given to each uccupent as,soon as possible after the first offer has been made. Separate informational material (see Appendix B) will be made available to business concerns Oncl,:;ling nonprofit organizations) and farms, when appropriate. In addition to distributing written material, the Agency will conduct personal Interviews and maintain personal contacts to the maximum extent possible. Informational materials will be written in the language(s) most easily understood by the persons affected. Site occupentb will be informed of prc*t aeUvitiea and timing through meetings and other means. OWN h 6.3 Lst.ir Referrals. and Assistance in Obtaining LL In Ts 7he Agency will provide information to residents on the availe',jiEity, pr;ces, And rentt.l rates of comb--rable, decent, safe, And &&nitary housing. The Agency will peov de residents to be displaced with listings of available dwelling units of appropriate size to rnect their needs, and which nr;: within their- financial ability to pey. Listlnl;s will be avai:..ble in accoriance with the F,.dernl lair how^ing Lev (Title VIII of the Civic Rights Act of 1968) and other iipp icahle fair housing laws:. Listings will he maintained on a continuing basis as derived from frequent revie .- - of newspaper ads, street ses.rches, contacts with owners, brokers, managers and rgents. -- Referrals Relonaticri housing will be inspected prior to being provided as a r(Areal to assure that it meets replacement housing standards. Units to be rer:erred mny not be In a neighborhood dated for goveremental action unless that action ise related to rehabilitation or improvement of neighborhood amenities. In no ease will referrals be made to housing from which it is reasonably dntieipated that'ti a family or individual may again be displaced. In making referrals, the Agency shall give consideration to the proximity of the housing to the displacees' employment or potential employment, Including proximity to public transportation and the other public facilities essential to successful adjustment. The Agency shall refer all interested persons to local housing authorities and sponsors of awdsted housing. When appropriate, staff will assist in filling out appropriate applications for occupancy. �- Assistance in Obi.pining Housing Families and individual; shall be advised to tell the Agency of problems experienced in obtaining housing or other accommodations. It Is the obligation of the Agency to assist in resolving these problems. 7h a Agency has the responsibility to provide prompt Information on I the availability of housing and to assist displacees in obtaining the units of their choice. 'ate Agency shall provide assistance, at the prospective homeowners request, In obtaining mortgage financing, including helping In the preparation and submiQslon of purchase offers, obtaining credit reports, and verifying employment, and making any other appropriate arrangements with lending institutions to facilitate the obtaining of loans, particularly for minority-group and low -income families and Individuals. 1 044� —14- wr { All farnilies and individuals w0l be p:ti)vI(:kd with necess to needed *octal servi+ce_i and c ono►eling in order to inhihnize hardships involved in the relocation process. 6.5 t�ssi�iR.nce to Businessf;onceri�sLNo rofit nrganl.tetions and Farms The Agency will provide relocation advisory assisla,acc: to all business concerns, nonprofit organizations, and farm oneraCons to oe dis9laecd by u projer'. ribe Agency will also provide advisory services gent assistance tc, any business concern cv nonprofit organization occupying property which is immediately adjacent to: (1) the Project Area; or (1) any real property acquired, t-ohen the business iv determined to have suffered substantir+r economic injury as a result of project activities. The specific set-vines which the Agency will pror'de to business concerns, nonprofit orgranizattors and farm uperatinns are the following: -- Consults icons The Agency will consulk with the owner or operator to determine the; need for relocation assistance and nature of replacement site requirements. The consultation will include discussions of such items as space, traffic patterns, market and other requirements, and the total number of employees. -- Current Information on Relocation Sites Ibc Al will provide current informii ti- -;, :n the availability, casts, square footage of comparable .,:gtiens and make referrals to real estate brokers who may be able to assist in obtaining suitable accommodations. to making referrals and provid,'ng information, the Agency wUl pravide maximum assit0ante but avoid involvement in the business Gperation Itself. Economic Lrformation 7he Agency will provide information re;ative to property values, growth potentials and economic inforr►►ation wh'. h -ray assist in enabling the businen to make iai'orrned decillov relative to reloea tion. -- Referrals to SBA Where appropriate, business concerns will be referred to the Small Business Administraticn (SBA) for 'in:jnagerial, financial IMI technical assistance. 6402 -��- i G.6 iial (mrturrity, In carrying out reloctitions, than Agency shall take afflemative steps in providiMg di.-placed fainHies and individuals maximum opportunities in selecth* housing. 'Ilia following are affi► inutive actions tint till! Agency may takes • Make full use of government hou ing prograins a,i�) normal refit estate management and brokerage -wrvices. . --- Inform members of minority groups of the opportUllities in neighborhoods and provide seivices necessary to familiarize tncin with those neighborhoods. Provide escort services to real estate offices in all ne:ighborhoo,.ia. --•- Cooperate with all fair housing groups interested in e4ual opporbanitieon in housing. 6.7 Self-Relocation and Inspecting The Agency will make every effort to, inspect the dwellings of self relocated families and individuals prior to their move. When displacees move withou%: notifying the Agericy, every reasonable effort will be inade to locate the displaucc and inspect the replacement dwelling. Such search activities will continue until the family or Individual is found, or twelve: months' time has elapsed, whichever is sooner. 'Upon inspection, it a dwelling is found to be substandard, the Agency must offer assistance in securing standard aceornmodations. Should the family or individual decline a minimum of three offers of standard dwelling units and its present dwelling unit does not meet standard housing crite~ia, the Agency shall notify the displacee in writing of his ineligibility for replacement h-)using payments. 6.8 Relocation Records 11he Agency will maintain a relocation record, beginning with the Information obtalned during the first interview to assess relocation needs. A separate record shall be prepared for each fancily, each individual maintaining a unit, each business concern, nonprofit organization and fa!-m operation. The record shall contain all dat6 relating to dates and types of services provideO, the type and a►:count of reloeation payments made, find the location to which those displaced relocated, inalu�ding a description of the accommodation. 6.9 ncy Evaluation T'he Agency will periodically evaluate the relocation program to determine its effectiveness in assisting persons affected by its projects and its conformance to provisions of state and federal laws. Both the quality and quantity of services provided will be conside►vd. 1 1 1 � .• , 1 1 ww 1 The Agency will make relocation payments to _.2 eligihle families, individuals, b-Miness and ins►itution: displaced by project :activities in accordance with the: regulations Soverning relmatior, payments as established by flue State of California. An Inf'or:national statement (see Appendices A and D) will notify the sl►e wxupant of hi,t eligibility for relocation paymen-.61 and generally ` instrne.t him on procedures for filing claims. Comilete• rules and P g reooilations will be c:trefutly explai7e:d individually t � each displace.,-t a!id copies of all instruction given to him. Jisplacees ay consult with Agency staff whenever problems arise, and throu i recurring visits, Agency staff will attempt to anticipate: problems and plausible solutions. 7.1 l4. 5ng ' Paynietitl The Agency will pay reasonable and necessary ving expenses and/er storage cobt.s; actual direct loss of person 1 property for which reirnbitrsernent or compensation is not otherwi a made by the i%gency (through purchase:, etc.), or a combination of bja'th. Under certain circumstances, some families,-and individuals may quality for replacement housing payments and dertain businesses may be eligible for an alternate payment in lieu of moving expensels and cert.-In other expenses. Former owners will ;"be reimbursed for ce-rtain settlement costs and related charges inctirred in the sale of property to the Agency. Eligibility for payments will be based,.upon the provisions or pert;vent sections of the. State of California Covernrnent Code and Relocation Rules and Regulations as adopted by the Agency. 7.2 �,Y IV...l MOUnts r Eligible families and individuals Will be given the optJon to claim: (1) reimb;ursement of their actual and reasonable moving, ,.xpenses and/or eligible storage costs; or (2) a ni6ving expense allowance not to exceed $300 based on a schedule related to it the number of roams accupieu and a DWocation Allowance of $200. In addition, homeowners may be entitled to receive a replacement housing payment of up to $150000 when }irchasing a replacement dwelling and tenants, including such tenants electing to purchnse,J'and owners electing to rent a replacement dwelling may be entitled to=receive a payment riot to exceed $4,000 toward the rental or purchase of a comparable replacement dwelling. Eligible business concerns 4nd institutions, will be reimbursed for: (1) actual and reasonable moving costs; and (2) any actual direct loss of personal property; or in lieu thereof, certain businesses may elect to receive an alternate payment of not less than $2,500 nor more than $20,360, equivalent to tM average annual net earnings of the business and booed upon such ea inga for the two taxable years immediately preoaciing tier year of di acement. No temporary on-41te es so3de for the convenience of the Agency will be chargeable to % st a occupant's allowable relocation payment. i 1 • M � . 1 , No temi.orary on :ite .moves made for Cie convenience of the agency will b- chargeable* to a site occupant's allowable relocation payment. ` 7.3 Filing Claim.-, -- All elPinis for rr;lo:�ation payments rnu-st be submitted on forms which will be provided by the Agency. -- cciei Conditions forBusiness C��nr,ern:z .j� A business corw-ern must give the Agency at least thirty (30) days, but not more than ninety (90) (Jays written notice, of its intention to rove and must permit the Agency, at aLl reasonh,,,le times, to inspect the personal property to be rnoveO. Self-moves for bush-,,. m will be nUowed. 7.4 Documenting Claims A claim must be supported by the following: If for moving expenses, except in the case of a fixed payment, an iternized eceipte.d bill or other evidence of expense. If for actual direct loss of personal property, written evidence thereof, which may include appraisals, certified prices, copies of tills of sale, receipts, cancelled cheeks, copies of advertisements, offers to sell, auction records, end such other records as may be appropriate to support the claim. --- Documentatiurd may by required by the Agency; and may i zla.rde income tax returns, withholding or informational statements, ana proof of age. All claim pap" and related evidence will become perma'rent records in the Agency's files. The reason for disallowing any portion of a claim will be stated in writing to the claimant. 8.0 ASSISTANCE TO BUSINESSES AND OTHERS 8.1 Individuals All services to be offered displaced families wD.l be equally available to individuals -becupying separate housekeeping or nonhousekeeping accommodations. 8.2 Ott The Agency will cooperate fully with an owner of any property in the projeet area which is not proposed to be acquired by the Agency but which must be vacated in order for the owner to participate in the redevelopment program. If he and/or his tenants are so vacated, then the Agency's relocation advisory services will be offered to them. .... i, 11.3 rw!nevise.i and Institutions ` R+�presentativc�s of Lu5inesses grid institutions located wit:►in a protect 811va. wM be lx-rsmnally interviewed to determine their relocation needs and preferences, provided general and special Informational material, assisted in preparing relocation claims, helpers In finding other suitable locations within or outside the projected area, and referred to other groupix or ngenelet► for a<zlstance in coi-apleting a satisfactory relocation. , As the situation requires, the relocation staff will refer there r11.3plscecs to, and maintain. lia=scu betvaeen, the small Business Administration, the Economic Dvvelopment Agency, trade A sociaiions, Chambers of Commerce, fending !nstitutions, real estate agencies, brokers, snr; multiple !Wong realty boards In order that they may be insisted on a nondiscriminntory bdsi4 In obtaining suitable relocation premLies; financial help, and guidance in reestaMishinz their operations. ':'he office of the Smell Business Administration and economic development agencies will be rnade aware of the project and, hope'ully will work closely with the Agency And displacees in extending the+r assistrnee. Information about these agencies will be available from the relocation staff, and referrals to thein and to others who can assist cotnmercial displacees will be made with the same consistency and comprehensivenew as referraLs of residents to weinl service. agencies. 9.0 NOTICES TO VACATE 9.1 General Poaicy_ 1 No person or busi,aess lawfully occupying real property acquired by the Agency shalll be required to move from a dwelling or to move his business or farm without at least ninety days' notice in writing, except In unusual emergency situations or where the public health and safety require imm"ate possession. No person shall be required to vacate a dwelling unless comparable decent, safe, and sanitary replacement housin Is available, except in public health and safety emergencies. 9.2 Ninety-Day Notice A ninety-day notice to vacate may not be issued before the Agency has control of the property to be vaented. Such control may be any of the following: Where property Is acquired through n6gotiation, control by the Agency will accrue to the date of recordation of the deed; 1 -- Where p►Y)pe:rty is to be acquired through eminent domnin proceedings and posses lon is Grant.d by an Order of immedinte Power.—ion, control is taken to meati t':c date on which such Order is granted, provided that the effective datr. of the Notice coir:cicjj!s avith or !ails later man the ;�ffective (Irate of the Order; or --- Where property is to be ccquired through cminent domain proceedinp but no Order of Immediate Po&icssion is taken, cotltrol accrues to the data of reccrclation of the Final Order of Condernnn tion. Any ninety-�cMy notice to vacate shall cont©-In a firm specific date by which thn relocatee must vacate the propel ty and shall include-: it statement Mit the relocatc-e will not be required to move frorn a dwellinp,,-or to move his business or farm befa.-e ninety days from the date of the. Notice. Such notice shall infor.n the relreatee that he also will he given a thirty-day written notice .specifying the date by which the property must be vacated. £'.:l 'Mirty flay Ndti.cp. M least thirty days prior to the effective date ,of any ninety-day notice to vacate, the Agerr.-:y will issue to each occupant a thirty-day notice which reconfirms the -pecific date established f'cr vacation es the pr, )perty. 11.4 Extensions of Notices On or before the: effective date of a vacate notice, but subsequent to issuance of a thirty-,day native, a written extension of time may be granted should catiditions or lack of available replacement housing o: commercial sites wa ant. Such extensions may, not be granted for Snore than Vurty days at one time; additional tWrty-day extensions may he granted as necessary to the successful relocation of the site occur."t. 9.5 Execution of Notices All notices to vacate and extensions thereof shall be: signed by the Agency Exeacutiva Director or his designee. 10.0 APPEALS .PROCEDURE AND ADMINISTRATIVE P.EVIEW 10.1 Pu rpo ?tie purpose of this section :s to set forth rules for processing appeals frt'm Agency determinations as to eligibility pursuant to a :elocation claim, the amount of payment, and for processing appeals from persons aggrieved by the Agency's fai:are to refer them to comparable permanent or adequate temporery replacement housing. 04418 -20- ..rr 10.2 Right of Review � I -- Any complainant, that is any person who believes himself a;grieved by a determination as to eligibility, the amount of payment, the failure of the Agency to provide comparable replacement housing or adequate temporary replacement housing, or ie Agency's property mattecgement practices, may, at hin election,, have his claim reviewed and reconsidered in accordance with the procedures set forth in this section. A person or ocganizntion directly affected by ttie re cation plan may petition the Agency to review the final relo tion Clan as provided f-)r in the Guldoltnes., 10.3 Notification to CompJainant "f the Project Manager denies or refuses to co tder a claim, the complainant shall be notified within 15 days of su de:tarnfinetion and still be informed of the reasons for ouch deniaAor refusal, and the Applicable procedures for obtainir.g review `bf the decision. If necessary, such notification shall be in a ,- language most ess1y underst!jod by the complainant. 10.4 Stages of Review by the Agency �! -- 4e uest for Further Written Info,, ation: A complainant may rA.quest t a�ecf-Manager top v e him with a full written explanation of the Agency's eterminatien and the basis there2or, if he feels that the ,tplanation accompanying the payment of *e claim or noti6e of refusal inadequate. 7be Project Marwger shall prx)W4 such an explanation to the complainant witiun 15 days aft# receipt of his request. -- Informal Oral Presentation: A complainant may request an informal oral presentation jeiore seeking formal tvview and reconsideration. A request l for an Informal oral presentation shalt be filed wf.*his the per �d described in subsection (4) of this section, rind within 15 days;of the request, the Project Manager shall afford the cornple ` tit the opportunity to make such presentation. The • compl#tnant may be represented by an attorney or other perm of hW choaaing. Ibis oral presentation shall enable the complait► zd to discuss the claim with the Director or a designee (ithee then the parson who made the initial determination) raving authority to revise the initial , d: tarminatiom lbe right' to formal tavern 1.nd reconsideration Mhali not be emditioned upon guesting an oral presentation. -- Written R, uest for Review and Reconsideration: At any time • w 1d the iir met on a complainant may file a written request Oor formal review and reconWderation. 'lrie cimplain"t may Delude In the request for review any statement of tact withi the complainant's knowledge or belief or other material which Ly have a bearing can the +kppeel. I 1 1 / 1 I "21 t•; 1 ' 1 wR y i Time Limit for Re ue3ting Reviews A complainant desiring either an informal are pl resen a on or seeking a formal review• and ;reconsideration shall make o request to the Agency within eighteen months following the date the move from the property L. completed or the date final compensation for the property is recelv_:1, whichever is later. 10.5 Formal Review and Reconsideration Fad► the Relocation A als Board �- :he Relocation Appeals Board (as defined in Section 2.32 hereof) Moll cansider the request for review and shall submit its findings to tiw Agency staff with a recommendation whether a modification of the initial determineition is necessary. 7be Relocation Appeals Beard shall consider every aggrieved claimant's request and Inform him that he has the right to be represented by an attorney, to present his case by oral or documentary evidence, to submit rebuttal evidence, to conduct such cross-examiria tlon, as may be required, for a frill and true disclosure of facts, and to seek ,judicial review once he has exhausted administrative appeal. -- Scope of Review: 'The Relocation Appeals Board shall review and recorder the initial determination of the complainant's case in light of: w All material upon which the Agency based its initial determination including all applicable ruler and regulations, except that no evidence shall be relies] upon where a claimant has been Improperly denied an •) oppo,-tunity to contr)vert the evidence or cross-examine thr. witness. The reasons giver, by the claimant for requesting review and reconsiders[ion of the claim. 4Aiv additional written or relevant documentary materials submitted by the claimant. Any further Information which the Relocation Appeals Board in its-discretion, obtains by request, investigation, or-reaearch, to ensure fair and full review of the claim. Evidence: The hearing shall be formal but need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in tha coraNct of serious affairs, regardless of the (.tistenec: of any common law or statutory rule which might make Improper the admisG!on of such evidence over objection ir, civil acCons. C448H -22- Y 1 1 r m evidence may be admitted for any purpose but shall not bePient In itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege and of official or judicial notice shall be effective to the same extent as in civil actions. Irrelevant and repetitious evidence shall be excluded. Oral evidence shall be taken only under "th or a i fir mation. -- Burden of Proof: `me burden of proof shall be on th claimant in all casen. -- Counsel: At all hearings held before the Rel ration Appeals B(: :rd, complainants may be advised by an trr oqy at law, licensed to practice in the State of Califo ,Sa. A separate counsel so licensed may Also advise the elocution Appeals Board, on matters of law. The Relocation Appeals Hoard shall exerci a all powers relating to the conduct of the hearing. In no vas shall the Relocation Appccls Board's counsel participate I the decision of the ultimate issue. �- Time Urnits: "Rte matter shall be set by th Relocation Appeals Board, and the claimant shall be give at least five business days' notice in writing of the dat .. and place of such hearing either b registered oL' aertIfted mail postage prepaid. Y 8 � � 1?o g P P -- The determination of revOw steal: be issued as soon as possible, but in any even ` no later than six weeks from receipt of the last materi l submitted by the clah-nant for consideration, or the cote the hearing is terminated, whichever is later. ' In the case of the cia4ant's di3missal for untimeliness or for any other reason sed on the merits of the claim, a written staternert all be furnished to the claimant stating the reason f the d!smiasal of the claim as soon as possible, but not ater then two weeks from receipt of the last nraterisl bmitted by the claimant or the date the hearing is ter Hated;, whichever is later. 10.6 Appeal to Relocation Subcornm tee of enc - If any claimant is i.,.nsatis ed by the decision mndered by the Rel"tion Appeals Board, th claimant may appeal this decision to the Relocation Subcommittee o the Agency within ninety (90) days of receipt of the Relocation Appeal Board decision. 71he Relocation Subcommittee of the Agen (as deflned in Section 2.30 hereof) shall abide by all the rules of evi ence, procedures, time limits and all other provisions define: in Secdort 10.5 hereof. MIN _ 3- { 10.7 Aural to Agency W s If any claimant is unsatisfied with the de,-t!sio:n rendered by the Relocation Subcommittee of the Agency the claimant may appeal its i decision to the Cull membership of the Redevelopment Agency within ninety (90) days of receipt of the decisions of the Relocation j Subcommittee. 'hhe Agency shall abide by all :he provisions of erection 10.5 hereof and in addition this Appeal will be heard 0 a regular meethq of the ;Agency and shell be conducted as a public hicaving of the Agency following not less than ten (!0) calendar days public notice in a newspaper of general circulation. 10.8 Requests t6 Waive Time Limitations A complainant may request a waiver of time limits provided, by filing a written request for a review of a decision in accordance with the proce-dures set forth in Section 10.4 and 10.5. except that such written request for review shall be filed within ninety (90) days of the claimant's receipt of the Agency's de term irjution. 1019 Extension of Time Limits The time limits specified in Section 10.4 may be extended for good cause by the Director. 10.10 Recomniendations b Third Party Upon agreement between the claimant and the Bonrd, a mutually acceptable third party or parties may review the claim and make advisory re coni rn endat ions thereof to the Agency for its final determination. In reviewing the claim and making recommendations, the third parry or parties shall be guided by the provisions of this Grievance Procedure. 10.11 Review of Piles by Claimant Except to the extent the confidentiality of materials is protected by lam or its disclosure is prohibited by law, the claimant shall be permitted to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. if a claimant is improperly denied avicess to any relevant material bearing on the claim, such apaterial may not be relied upon ire reviewing the init:-o.'. determination. 10.12 Effect of Determination on Other Persons ' The pripelples establishers in 111 determinations by the Agency shP't be considered as precedent for all *]Ugiblfj persons in subsequent similar situations regardress of whether or not such person flied or has filed a written request for review. All written determinations shall be kept on file and available for public review. I 044eH -24 1 1 1 i i` 10.13 Ri ght to Counsel .r. Any aggrieved party has a right to repk esentation by legal or other counsel at his expen3o at any and aU states of the proti•�acsdingas set forth In these sections. 10.14 Joint Complainants W iere more than one person is aggrieved by the failure of the Agency to refer them to comparable permanent or aJequat+e temporary replacement housing, the complainants may join in filing a single written request for review. A determination shaill be made by the Agency for each of the complainants. 10.16 Judicial Review The determination made by the Agency shall be considered f1m.-I for purposes of exhaustion of administrative remedies. Nothing in this Article shall in any way preclude or limit a clhimant from seeking judicial review of a claim alter exhaustion of such administrative remedies as are arrt-iilFible. 11.0 ADDITIONAL RELOCATION REQUIREMEN'M State lave And regulations do not prescribe relocation assistance and benefit requirements that exceed those p, ovided for herein; however, the Agency (shall follow and comply with all such requirements prescribed. 16 ` , IbPT ttit �J \• \' �' ,v,n\ `� Lfly ►'� ,�r,�,• \ \\ :`i•♦.. r• � \vim � � � ���,^� \ / \ �� �'' �/ �/': ,,� ,\�• i' \\ \� ' �� ., T= yr / �\ Jc 01 Ob 00 Po. 4P � �{ \ � �. 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I � ��9•'�.0 �iL6 1\14rt)irf.R1 SM'Tet•e AIe•T W1:TOR FAEF, s too / [ 422•403 + or++� r+•ss ws a:r Rwi.r•rp wwr 14 r.-�..._._/�K .� �•[rr�hrl�•.GA N•w4 �•a�IMa1► 7b AR,�r•.N MAT�•t E-R ....`...._..__... _�—.� _tom... .Ir•.._ "i f•_ SI.�� _. _ ter" / �' � V p +. �� •Irr w.u.r.�u+�u rr_--�' ~W • nw 1 " � � � rir ar.a.. •-a.YR�� MSTING HUTEL 1MAIN BU1LDIN81 CXIST!140 "ML (3W.WILDINC. �yr Crti✓' 1 � it (°?`..rva.ws lLa.[Y,*+ht`•swvN`Ar1+7 t-' 'iE `�, a n.«.r.e.•..rwarw..w,...+.. UWAMW .dwW&SAsna.MOt�f+wres fr.•r((((�R •r•• L tea►ar.rr wu(�r.frwlClsl�'awrrw+rt r, 04m arrr o-aww afew" s +Ir R nrw ortritw•*r rw+yfw/ IM 4EWwow iMr IMIr �Mi� .. _a-A-- _ .l_ _.�l._ _ . .. .a. �.__.r _. r _ �•J• ;;^. �alwa a.'+ T �w.r t+•s +.. ICLrat csrtr ItiW+7�if A.LSti f. r--•-• ,«•�.. as►aaa�r •iwla plr w PW e44400 wM�Yr A �-R R. Ir••Is.a Awor oAn rr[ wrr ft~ T i3J� �WyrR awvra.+.ri�etirrnuLrw�s rrs rvr..sr war . ,w-I.rrr�/rw - taxer taws w+-c Y v -- I u sws aLvr�!L.•r or /s+wws a.-w+•s,K mfu*^ 4tLors I 'r RLr.M:..J/1/fL H -wrirOM amyl v.srlQfJ.rwas.w +��.�...:�=•-�:-- �_ .'Try T __��i.. �_.>—��s— ��—�'��—��._ ��.-�s~___�.__ ��------"—__""'-- earn �'�e ..ni .r•R -- • _�...� — -- -.'_:�� --;�. �n .AI ,,'.:. ./�r'�•�*L`7�_,.+,,, _ .......��.TNw7 N'r1•M�a�JN...—� ��.r -' `Ur nZrN • '' � �ssrou+ • A.Rr w•M L•w W DE WMITMN P IAN F" •.�a I�t��rAalydwtttw?1 u+[aRwtr��� - �M1rw i�' R ...l L! KJ�i�.1�•—.� ..r'}rw z+lr T TRACT NO. 1304� �.,,,,�_„1•.�..�.«.�..rl_rarr aR•alms++ i [�rrw. ter.sR.w•w���w..+.�wwtr , w•.w• . I r s w...•w ws* r• r. y REQUEST FOR CITY COUNCIL ACTION Date --- -A yL1zt._._1.5. 19RJ1 Submitted to: Honorable Mayor and City Council Subrnitled by: Paul. E . Cook, City Administrator Prop" by: Douglas La Belle, Director of Community Develoswwn Subject: DRIF'IVWD NOBILEHOME PARK ACQUISITION AND RELOCATION AGRLEIr NT Consistent with "Ouncil Policy? (yQ yes ( ] New Policy of ExcVtion Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments � sT&m Ix- OTC Mug: ug: Transmitted for City Council/Redevelopment Agency consideration is a Mobilehome Xcquisition and Relocation Ag�aement between the Redevelopment Agency of the City of Huntington Beach , the Robert Mayor Corporation, the Driftwood Beach Club Mobile Homeowners Association and the individual park tenants . This document details relocation optioris offered to Driftwood Mubi lehome Park tenants displaced by the proposed Waterfront project . Approve the Mobilehome Acquisition and Relccation Agreement , AnuaIs The procedure for the conversion of a mobiiehome park is established by Huntington Beach Ordinance Come, Article 927 (Mobilehome overlay Zones/Removal/Rezoning/Change of Use) . The Ordinance Code requires that an Impact of Conversion Report and a Relocation Assistance Plan bo p;tepared by the applicant and approved by the Planning Ccnacission. The Relocation Assistance pinn is provided to ensure that the impacts of the proposed conversion of this Mobilehome park are miti.gatEd in a manner which meets or exceeds %he relocation requirements of Article 927 . The Impact of Conve:,ien Report provides demographic information which is used to assess the adiquacy of a Relocatiin Assistance Plan . On June S . 1988, the Planning Cominission approved the Impact of Conversion Report and the Relocation Assistance Plan for the Driftwood Mobilehome Park contingent upon City Council/Redevelopment Agency approval of a separate document , the Driftwood Mobilehome Acquisition and Relocation Agreement. This Agreement has been drafted to address the individual needs of driftwood Mobilehome Park tenarits dnd is the result of numerous meetings batween staff and Driftwood Association representatives and individual contact frcm Driftwood tenants . The Relocation benefits outlined by the Mobilehome .Acquisition and 1 f �o aw Relocation Agreement are extended to all Driftwood mobilehome owners hegardless of membership status in the Driftwood Homeowners Association . Relocation alternatives offered to Driftwood mubilehome owners through the Agreement include the offer to purchase each mobilehome from Baca tenant at its " in-parer value" as of November 1, 1966 and as further adjusted for Orange County mobilehome inflation to the data of acquisition. This formula was; proposed to ensure that the appcaissal price was not undervalued due to the anticipated park convermion. The offer to purchase will be extended initially to all. Phase x and Phase I Optional tenants (approximately 30 units) . The offer may also be extended to other tenants requesting irrmiediate buy-out within the limits of a three-million dollar fund allocated primarily to :over the benefits extended to phase I and Phase: I Opt?ona1. tenants . Candidctes qualified for immediate buy-out beyond Phase I and Phase I Optional will be determined by a committee comprised of two Association members , one non-Association resident, and two members appointed by the Agency. Criteria for immediate buy-out selection will be determined by the committee and approved by the Agency . slualifying criteria will not be necessary if relocsatio,, obligations to Phase I and Phase I Optional, t nant.s are satisfied and the subsSequeiit request for imanedlate buvout sloes riot exceeds the three million dollar cap . The immediate buyout purchase price for Phase 11 and non-resident, tenants will be the appraised value less five percent (5%r . The Relocation Agreement stipulates that the Agency and the Ass3ociat:ion may separately designate a real estate appraiser and all expenses related to the selection and services of all appraisers, shall be the responsibility of the Agency, including a third appraiser when necessary. The appraised value shall not be less than the arnount of the actual purchase. price plus subsequent additions and other household improvements paid by the tenant or any secured financial obligation which creates a lien upon the mobilehome , whichever is greater . However, the secured financial obligation; other than a purchase money lien, shall not exceed the appraisal value plus ten percent if obtained after November 1, 1906 . Based upon the difficulty inherent in finding , "comparable" mobilehome parks for tenant relocation, the Agreement offers each tenant the opportunity to relocate his or her coach to a mobilehome perk constructed by the Agency, The proposed location for the new park is at the site of an existing mobilehome park at Ellis and Goldeavest , Ocean View Estates . At full build out, Ocean View Estates will include a nine-hole executive golf course, club house, open space areas and other amenities comparable to Driftwood Mmbi.lehome Park and will accommodate up to 145 coaches . Tenants relocating to Oceans View Estates will occupy a space comparable to their presently occupied location at D>ri.ftwood (i . e . those coaches which currently face the golf course will be placed in a similar P031tion) . If a coach is not; relocatable as determined by the Agency , o new mabi lahome of comparable size and quality shall be RCA - 8/15/88 -2- ( 1049d) i purchased £or the tenant by the Agency , Because Ocean View Estates will not: accomodate single-wide coaches , the Agency will be responsible for replacing any single-wide roach whose owner wishes to relocate to Ocean View Estates , If a coach is deemod relocatable and is over twenty years old, the Agency shall pay the tenant five thousand dollars For general refurbishing in addition to actual relocation costs . Rents shall be abated one hundred percent for Phase I and Phase I Optional tenants who •::lect to relocate to Ocean View Estates . If full build out of they park does not occur (Ocean View Estates 11) then rents shall be sat cummensurate with rents paid by tenants residing at Ocean View Estates prior to the Agxeaemsn.t . Phase I Optional tenants who elect to remain at Drifir.iood will also be extended a fifty percent abatement of rents ;or t,,ienty--f.our months Phase II Lenants who choose to relocate to Ocean View ;states but are unable due to parlr size limitations will be relocated to another park within a '75 mile radius of the city and rent will be subsidized by the Agency for two fears . If a tenant- of Ocean View Estates wishes to sell his/her mobilehome after the second year following occupancy, but is unable to sell for the agreed valuer the Agency will buy the coach or allow it to be sold on the open market and pay the difference in price to the tenant . The Relocation Agreement further stipulates that the Agency shall lease Ocean View Estates (excepting the golf course , public park area and lake) to the Driftwood. Beach Club Mobile Homeowners Association . Tenants may also elect a one-ti,;,.e option to relocate within the Driftwood Mobilehome Park, subject to availability of space, and the Agency shall reimburse the tenant for up to fifteen hundred dollars for ccsts incurred for refurbishment of the mobilehome to which the tenant moves . An alternate relocation option offered to each l:enant is the opportunity to relocate his/her mobilehome to anywhere within the United States at the Agency ' s expense . The cost of this relocation shall be limited to fifty percent of the agreed value of the coach. The difEfsre uce between the actual cost of relocation and nifty percent of the agreed values shall be paid to the ter.ant by the Agency. The Relocation Agreement further states that mobilehome owners shall receive written guarantee of first right-eat-refusal to put -hase3 units if the development which replaces the mobilehome parj% includes residential units . The purchase price will be discounted 10A or in the event that they housing is offered as rt-ntal units , a discount of 10% off of the rental rate will be offered for the first year. . The Agreement also stipulates that tenants shall enjoy free alienability of their siobilehomes . If after one year from the effective darn of this Agreement, a tenant is unable to sell his/hbr mobilehome for they agreed value, the Agency will either buy the mobilehome or allow it to be; sold on the open market and pay the difference in price to the tenant . This option wi:l be extended to � no more than ten reesiderits per year , 0. ICA - 5/1.5/88 -3- (1049d) 1 1 The Agreement also states that if a tenant is relocated sooner than the projected dates due to accelerated redevelopment of the site , an additional benefit; will be offered . The Agency will pay an additional four percent of the agreed value for each year or fraction of the year that the tenant is required to vacate hin or her space in advance of the projected date. It shall be the responsibility of the non-resident tenant to deliver his/her mobi lehome to the Agency free of occupants . Any compensation to which the tenant ' s sublessee may be entitled shall be paid one half by the non-resident: tenant up to $1, 1300 and the remaining surn will be paid by the Agency. The Relocation, Agreement Further requires the Robert Mayer Corporation to pay to the Association a sum up to $175, 000 for reimbursement uf all a::penses incurred in negetiation and drafting of the Agreement and costs resulting from responding to the prcposed conversion of the Park. Additional costs not to exceed $25 , 000 may be charged after the date of the Agreement. The kgreement provides for one package or relocation benefits fr : each coach owner . These benefits may, however , be transferred to a mobilehome buyer. EMING SSAT"t 7i-te developer will advance $4 . 5 million to the Agency as needed for relocation costs . This cost: gill be repaid with 38 . 5% of the property tax increment and 50% of the transient occupancy tax revenues generated by the Waterfront project . � HH&TI. Ar Do not approve the Mobilehome Acquisition and Relocation Agreement. A VIS Mobilehome Acquisition and Relocation Agreement Master Lease between the City c,f Huntington Beach and Driftwood Hoir:iowners Association for Ocean View Estates fQ.: SRh: g bm a � RCA - 8/15/88 -3- (1049d) M�1 1 r Y r,a $a-96 COUNCIL - ADIA INISTFIATOFi COMMUNICATION "L14TWIMN KWH , To M� ar Erskine 8c City Council From P:�: l Cook, � - �► y City Adm:niatrator SubJect WATCERFRONT OVERVIEW Dote August 12, 1989 MEMORANnUM A. On August 15, 1989, -the City Council will hold public hearings on several entitlements with regard to the Waterfront project. The fdllowing is a brief r summary of each public hearing item to be presented for Council action. :�� F-4a Mobilehonip,?-ayk A-c i si-t r 4mLRe &Lcatian A QM.QM This is an agreement between the Huntington Beach Redevelopment Agency, the Robert Mayer Corporation, the Driftwood Beach Club Mobile Homeowners Association, and the individual park tenants. The document details relocation options offered to Driftwood Mobilehome Pr-k tenants displaced by the Waterfront .project, The agreement Also provide- for disposition of property pursuant to the Agency leasing tc the Association the premises referred to as Ocean View Estates. Meat of the entitlements recommended for approval by the Planning Commission have been conditioned such that should the r?iabilehotne park agreements (F-4a and b on the Agenda) not be approved by tha City Council, the entitlements should be referred back to the Planning Commission for further public hearings. F-4b P1fic 'TraUtLL'ark 6;C, r.e111ent This Agreement addresses the terms and prucedures of ricquisitior. and improvements, both off-site and on-site, necessary for the Walnut Avenue extension adjacent to the Pacific Trailer Park. It also outlines the forms of assistance to be provided to Pacific Trailer Park r sldents dispiaced as a result of the Walnut Avenue extension. F-Sa Supplemgntal EIR 82-!t2 The SEIR was prepared to analyze the potential environmental impacts of the proposed Waterfront project, and augments the analysis conducted in Final EIR. 82-2 prepared in conjunction with creation of the Downtown Specific Plan. Although the Final EIR analyzed a mix of hotel, residential, -ind recreational uses for the site, the Waterfront project proposes a different mix of these uses. The SEIR studied this specific proposal, as well as project-;elated Impacts on wetland areas and closing of the on-site Mobilehome park. The SEIR identified several potential adverse effects, the majority of which can ba reduced to a level of non-significance through the use of appropriate mitigation measures. Some anticipated adverse impacts that cannot be totally eliminated include potential geologic hazards, increased energy consumption, aesthetic and view impacts, and cumulative air quality impacts. A statement of overriding considerations has been adopted by the Planning Commis ion and will need to be adopted by the City Council finding that the economic and social benefits of the proposed project outweigh the project's potentially adverse impacts. Once 1 . � 1 1 Waterfront Overview Merno August 12, 1988 Page 2 of 3 certified, the SDIR is intended to be aged for the following discretionary items; Zone Charge No. 87-7, Development Agreement/Master Plan, Disposition and Development Agreement, Conditional Use Permits for each phase, and Coastal Developments for each phase. F-5c Master J!1adDeve1Qpment A =MrA The Master plan and Cevelopinent ."agreement propose an overall development plan for Downtown Specific Plan DIstricts Ub and 9, including six commercial and three- residential. phases. The commercial portion will include four hotels, a retail/commercial complex, and a tennis/recreation center; the residential portion will include z toi;al of 875 high density resioertial units. Prior to development of each phase, a conditional use permit describing the precise details of developiller;t mist be approved by the Planning Commission. CUP 87-19 for a 296 room res,,C t hotel has been approved by the Plarning Commission. The entitlement do^s not become effL:tine until all entitlements herein are approved by t1.e City Council. The Development Agreement binds the development to the existing rules, regulations, and policies in effect at the tim-e of ;he Agreement. It outlines development parameters in accordance with current codes, and specifies the developer's and the City's nights and responsibilities with regard to the project. The Master Flan must bw approved prior to issuence of permit, for the first phase of development. This is a request by the City to establish a precise alignment of Walnut Avenue between Lake Street and Beach Boulevard. The alignment is necessary for the Waterfront project, but is also necessary as an integral part of the downtown circulation syste: i. Walnut Avenue is proposed to extend through ali area generally parallel to and approximately 300 feet inland from Pacific Coast fiighwey, between Lake Street and Beach Boulevard. F-6 Di itian and 12evela;;mene Agreemep& Prior to commencement of any portion of this cornpreheralve project, the City Council niust consider and act upon a DDA between the Redevelopment Agency and the Robert Mayer Corporation because the area is within the Downtown Redevelopment Project Area, The agreement provides for the development of the missed use project described !)y the Development Agreement and Master Plan. MUM I. Parking One ei_rnent of the project discussed in great length by the Planning Commission in conjunr;tion with CUP 87-19 for phase one was adequacy of parking. Attached for the City Council information is the su.rnmrt data presenters to the Commission which includes a parking study prepared b; LSA end a survey of other cities zoning code requi remonts for resort hotels. (1121d) V� twy Waterfront: Avervli�,H Memo Au,pst 12, 1998 Page 3 of 3 , The prnposed parking _ratio for resort hotels is 1.7 spars: per rooril ba_.ed upon studies of parking deniands of similar nsor t hotels. Tt-c resort hotels analyzed in the study have :Arnil;X: or siF,ni'ric ritly gn-eaxe- rni!ctiriF rrx)m and restaurant space. C haraetcrisrics of resort li,;tals include luxury "hi—house" dccomrnWations sucli as rr_staurano, Lars, ,;hops, etc. and have on-site or adjacent amenities such as golf course, tennis courts, beach, and other recreationalkornmercial attractions. Ancillary faciiit:«s sticlh as restaiwants, meeting rooms, etc, wi chai resort Hotels sire tti,:l�: l uses. The applicant is sensitive to the issue :and clues no, intend to d velop a project that will rar,ult in itirdequate on—site pa.rkit g. )Jased upon the size-, of the facility aiid experienced parking lot usage of otli2r resort hotel:., 326 Gpacps shau16 IBC: aderluatc. However, in re_spunsi: tot .f; Coni-niLsieiIier's concarri., the iinad approved site` plats_; were revised,, to reflect a ft!ture physical contiectiou for reciar^c..i access and parking with tiie Pha; 11 development a-- ran ?.lterna-tivr rnea:twe should an itic:ease in anticipated parking u3eage occur. Th.- additiom.0 parking, rieeded for Phase: 1 could be prov*dzd oiti the Phase It s;te and that parking would not ►fie credited for the: Health Club facility. A condixion has been inclv,'1--:; which requires a parking study (Conditinn Ne. 1" of ilia Conditional Use rer-adt ;:o. 87-19) witbin urta ,year front Certificate of Occupancy. If the study reveal:: additional parkinZ is n,?cessnry, the number of additional spices deterinined by the Planning Com,aission sliall be; provtded on the Miasc 11 sit: . 1. . Survey of Other Citics Zonirg Code Parkins Requirerne-its foi Resort Hotels �. The `g at tTront "lease: i Eart,:ing StudN, dstF�d Jura 15, 1 38 ;. •imin3.7 ;e►tcr from Keys er-rMarsto;: As::oc:ater PF-C:SH:LP:gbm hi 1 ` 0 l Water*mttt Lwerview Memo AttgM 121 19U Page x of 3 certified, the SEIR is Intended to be used for the'following discretionary Items: 'Zone Change No. 87•-7. Development Agreement/,Master Plan, Dislrtitaon and Development Agreement, Conditional Use Permiti for each phase, and Coastal Developments for each phase. F-Sc - The Master Flan and Development Agreement propose'an overall de�Wopme:nt plan. for Downtown Specific Plan Districts 8b and 9, including six commercial and three residentiel phases. The commercial portion will include four hotels, a`- retail/commetreial complex, and a tennis/recreation center; the residential portion will .inclWe a total of 875 high density residential units. Prior to development of each phase, a conditional use permit describing the precise details of develcprnent must be approved by the Planning Commission. CUP 87-19 for a 396 room resort hotel has been approved by the Planning Commission. The entitlement does trot become effective until all entitlements herein are approved by the City Cotmcil. The Development Agreement binds the development to the existing rules, regulations, and policies in ef:e;ct at the time of the Agreement. It outlines development parameters in accordance with current codes, and specifies the developer's and the City's rights and responsibilities with regard to the. project. The Master Plan must be: approved prior to issuance of permits for the first phase of development. F-5d Emclor. Plan of Street Allsomer t 88-1 This is a request by the City to establish a precise alignment of Walnut Avenue between Lake Street and Beach Boulevard. The alignment is necessary for the Waterfront project, but is also necessary as sit integral part of the downtown circulation system. Walnut Avenue is proposed to extend through-an area generally parallel to and appro)dmat:ely 300 feet inland from Pacific Coast Highway, between Lake Street and Beach Boulevard. F-e QISMI-tion and Develg2mgnt Agreement Prior to commencement of any portion of this comprehensive project, the City Council must consider and act upon a DDA between the Redevelopmrnr Agency and the Robert Mayer Corporation because the area is within the Downtown Redevelopment Project Area. The agreement provides for the development or the mixed use project described by the Development Agreement and Master Plan. 1. parlcin� One element of the project discussed in great length by the Planning Commission in conjunctiou with CUP 87-19 for phase one was adequacy of parking. Attached for the City Council inrormation is the support data presented to the Commission which includes a parking study prepared by LSA and a survey of other cities zoning code requirements for resort hotels. (1131d) j f . moo y 6UXW Y OF OT CITIES ZO#INO OOmE FARXI NG REQUIRZKB TB POR XWORT p O!f-Street parking Requirements nts for Additional Requirements Note�,El$ oz Ht�t =..Atig111ary Hctg1 sea Long Reach 1 sp ./guest room or Restaurants : /4 • ep ./room plus 1/100 sq . ft. of dining additional spaces for area; 25 ap./1, 000 aq . ft. ancillary uses, which- bar area . Meeting or ever is groater banquet roam: 1/50 sq . ft. costa Mesa 1 ep ./2 rooms ReRtaurantst Meeting Rooms , Ballrooms : 1/100 sq. ft . for first 31000 sq.ft , ; 1/50 sq. ft. for area over 3 , 000 sq. ft . Newport beach l sp./2 rooms or Restaurants : 1/40 sq.ft. traffic and parking of net public coating study required if area building exceeds 10, 000 sq. ft . Santa Ana 1 sp. /for first 5 rooms , Restaurants : 1/5 fixed + 1 sp . /2 rooms over 5 , + 1/2 employees + 1 sp . /3 employees Ballroom: 1/5 fixed seats or 1/35 sq . ft . Palm Springs 1 sp . /room for first 50 Restaurants : 1/60 s4 - ft . rooms + 3/4 sp ./room or 1/5 seats, + 20% tor over 50 employees . Assembly/Ballrooma: 1/30 :;q. tit. , except credit deducted of 30 sq. ft. per guest room. Santa Barbara 1 sp . /room Restaurant : 1/3 seats Conference Room: 1/28 sq. ft . of seating area Monterey 1 sp ./room + Restaurant: 1/2. 5 beats , 2 sp ./50 rooms Meeting Rooms/Ballrooms : 1/50 sq . ft . Laguna beach 1 sip ./room Restaurant: 1/50 sq . fte of public serving area . Conference/Ballroom : 1 sp ./3 fixed seats or 1/15 sq. ft. r r OUR= OF o R CITINS ZONING Cora � (Continued) Off-SLreat Parking Requirements for Additional, Requirements San Diego 1 op. /room Done specified Anaheim . 6/room t .4/employee Restaurant : 15/1,000 eq. ft. Meeting Rooms/Ballrooms : 1/100 sq. ft . Palm Desert 1 . 1 sp ./room Restaurant : 1/100 sq. ft . for area up to 3,000 sq. ft . , 15/1,000 sq. ft . for area exceeding 3 , 000 aq. ft . Ballroom; 1/35 sq. ft . Ft. La4derdale, 1 op ./room Restaurant : 1/50 sq . ft . Florida of service area Conference Room/Ballroom: 1/250 sq . ft . Miami , Florida . 9 to 1. 5 sp. /2 rooms Restaurant: 1/100 sq . ft . (differs according to Meeting Rooms/Ballrooms : land use sector located 1. 3/100 sq.ft. in) 6/17/62. - � iol►�rd�..I ti !Ob 93uth Dread A'anu# Suite 1460 CWHA E.NoWs,11 Los Anprla,CtJibmlx 9bU-`I �eUao i1i/N7•a�eo Hewn A.SchRUM $AN F11ARMO 0/3"4810 TImOft C.Kolly ' A.Jwy,Keyur Kota awk lug . > >rt 1, �Viitenore IAesslsl Cod= Deniu. L Conloy August 12, 1988 mr. . Douglas LA Belle Deputy City Administrator/Redevelopment y of Huntington Reach 2000 main Stareat Huntington Beach, Califorrtin 82648 risen Doug s III response to your request, Xeyser Marston Aa*ociatss , Inc . (ice►) has prepared this summery of the evolution of the negotiaticriip for the pro cued Waterfront Pro,jeot. he you krowr the negotiations have taken . place over the last two IrBurs , resulting in the cur- rently ;proposed Disposition and Developn;ant Agreem-ent (DDA) and ground lease. ��► I�s�►zs�a�� The City of Huntington Bss,ch nVus the 44 acre rrubJec�t parcel,, which is, "currently ground le�ssed to 'tLe Robert Layer. Corporation. This lease expired in 2013 , and in 1M the Mayer corpors`•Son requested an extension of the ground lease to allow them to develop a major commercial/residential project . This development is to consist of 4 major first class hotels including ancillary nee$ Duch ale an athletic/tennis club and a specialty retail center. The project Mill also include 694 residential units . his development will re- place the existing motel and mobilehome peak. The original developer proposal was predicated on the aseumption that the project would generate substantial municipal revenues, and thus the commercial round lease and res ide2tial land sales price paid to the City no the landowner was of secondary importance. Ad- ditionally, the proposal was formulated in a manner to rovide max- imum d.sveloper flexibility in terms of tha scope of development, the quality of construction and the timing of the development phases. As proposed, it was possible than the City would receive _� who.'k i I AUG 12 &9 12; 12 oZYSEP MAPSTfoh. L.A, P.3 Mr. , 0029lee La Sill• City of zMatin on Beech August 19, Mr less than the market value for the land and the Agency would invest substantial front-end capital to iloar the site and construct the 1cequ delLrrd infrastructure improvements, but the proposed devsloppwent �rould not be constructed in a timely manner, Thus, the raloper had shifted the bulk of the typical development risk to the City and the Agency. After nearly two years of negotiations, the original proposal his been si nificantly modifiied in terms of both the revenue :. a be reoeived by this City as owner of the land and the required develop- meat staudur4's and timing schedule , the following section presentei 1 ) &, sumary of the deal structure originally proposad by the developer, 2 ) the deal points recommended by KMA e4 detailed in e letter dated February 8, 1998 , and 3 ) the negotiated deal cur- rently proposed for City Council approval . 0, . gasfdt ial Taurehas _ fssr A. Uveloper off er - $10,000 per unit in 1088 dollars . i This value was fixed until 1993 , and then escalated at 5% ennaally. Not present valve of $5 . 1 million. B . KXA recomendation - $34 , 000 per unit in 1998 dol- lars , Annual escalations at the market appreciation corracLiont present value el� mill of ion�crty, aster soils r co proposed deal — 034 , 000 per unit in 1998 dollars Annual escalations, at so . Net present value of property, after soils correction work, of 827 . 7 mil- lions 2 • QWArgiaj ggguad I&L A. Developer olfsr -- Lease payment fixed at a below market rate through 2012 . During the subsequent 10- year period the leans payment is graduated to repre- sent market rate return. Reappraisal every 20 years -with flat payments during intervening periods . Ifet present value equals $7 . 76 million . B . NMI. recommendation -- Ground lease payment should represent fair reuse value for the proposed eo=ier eial uses , with CPI adjustments every 5 years. ray! ti' � •t` •' ; +';:w• � ,•. n may. 16 oil M ' FyJG 1 188 1 13 KV(SER MARSTON, L.A. P.4 14 '. Douglas La belle MY of Wanda on Beach august 12l 1981 NJ-ghost and bust use reappraisal In 55th year. Not present value, after soils correction work, equals $5 million. G. proposed deal - Lend payment is fixed at below market rate for the first ZS years of the term. Payment adjusted to fair market value for c-Arrent use in 26th year And every 10 years thereafter, An- itual CH increases between a praisals . Reappraisal at highest and best use in 5�th year, unless second generation construction has occurred between 35th and 55th year. Not present value equals $10 . 1 mil- lion. A. beveloper offer - No explicit payment requestedo 8. KU rsconmendation - $22 .8 million leasehold inter- ast to he offset against residential land vales proceeds. The payment should be weighted dispropor- tionately toward the later residential development phes4s to minimi4e developer gain if the proposed development is not completed. C. Proposed deal -- RMA recommendation except that a portion of this leasehold interest payment will be provided with a rebate of public revenues generated y the project (sea #4 ) . 4, Elie ite18alial RQ&tg A. Developer offer - 10 year rebate of 39 . 59 of the property tax increment and 50% of the transient oc- cupancy tax revanues generated by the dov-4flopment . Property tax increment rebate to step in 2009 , TOT rebate to stop in 2019 . 8. TUNA recommendation •- go rebate of public revenues, with the exception of funds roquired to compensate developer for leaeahold interest , j ` � r • FIL'6 12 '88 U:14 KEYSER MARSTC44. L,A. P.5 fauglas tea Ulle city of Xanti on beach AU"At 12 r 19e Fail* 4 Co Proposed deal - Developer offer, axespt the rebates from saah phase will. be deferred until commencement Of construction on the subsequent co maeroial phases Thee rebat;iis implicitly represent partial compensa- tion for the developer ' s leasehold interest and a recoupment of the developer ' s overpayment for the commercial land. �. A. Developer offer - Maximum of $4 . 5 million for mcbilehone relocation plus all designated public im- provement coats . Repayment to come from 38 . S% of the property tax increment revenues and 80% of TOT revenues for either 10 years, until 2009 for Tr and 2019 for ' TOT, or full repayment, whiohaver comes first . Additional repayment to be provided by a rebate of $3 . 70 per square foot of the resid*ntLAl land sales proceeds . $ DMA recommon4ation - No cap on mobLlehoms relocation costs e Repayment is same as developer offer, ex- cluding the rebate of the residential land *ales proceeds. C. proposed deal - Kn recommendation, except there is a $4 , 8 million cap on mobilehome relocation costs loan. A. Developer offer Commercial and residential developments could proceed on indepeadent phasing schedules6 one hotel must be oomplated by 1999 . Balance of development r iu ld coMmence as late to 2009 . 3. KM recommendation - Two hotels must bo completed by 1998 or the lease La 'terminated on undeveloped par- cels, and reverts to Agency. 8alanca of development must be completed by '2008 . Residential development must occur concurrently with commercial development on a pro ream basis . 'J , U '88 121 :4 KEYSER h1A SMI, L A. P.6 Dau9164 XA 5e116 Cite of RunUngton Beach Au at 12, 1088 Pa 3 C. proposed deal - The first hotel must commOAce con- structioa within 30 months of the signing of the DDA. The last commercial phase must commands oon- atruction by 20040 Undeve10ped land reverts to the Agency in 2010 , No residential development can oc- cur prior to commencament of construction on the second hotels Thereafter, residential development mast occur concurrently with co=srcial development on a pro rate basis . 7 . Na?i tv standards A. Developer offer -- Hotel cost standard was fixed at M i b00 per roor. (in 1988 dollars) including F?W e, land and parking. p. KMA recommendation - Hotel east standard should be riot at $90,OOO per root. (in 1988 dollars) excluding lAn' d, and including $12,000 to $15 , 000 per room fear * i ras . C. proposed Deal - Hotel cost standard set at $100, 000 per room (in 1998 dollars ) excluding land, and in- cluding ME at $12, OOO to $150 000 r The preceding sul+,ary deals with the key issues associated with the proposes! transaction. Numeraus . smaller issues were considered, and the co rMl.se solutions are incorporated into the proposed ODA and ground 164.so. As summarized in a. letter dotted Xay 15, 1980 , the modified agreement represents a major reallocation of the benefits to be generated to the City/Agency, Additionally, the rite, fiaanci4l igmat asaoci.ated with the currently proposed agreement is to in- crease the projected City/Agency revenues by approximately $3 mil- lion in present value terms over the revenues expected to be received under: the originally proposed agreement . Moreover, the developma.e�nt agreement was modified in A manner that reduces the financial exposure to the City/Agency if the project is not built to the currently proposed scope and devel,cpmeut level in a timely fashion. Thus , it is our opinion that the currently proposed transaction fulfills the goals and objectives established by the City Council , 7 J .J CIV h r r M .. AUQP 12 '88 12115 KMA) MFPSTON, L.A. �.7 xv0 ftuglas I+a Belle City 0f fuatia on neaab art %a, tier • �aqo 0 • We appreciate this opportunity to be of ANNiftazaaa, and era avail- able to aaMvnr any questions you may have. Your* vM truly, KRYBER NAUTON ASIOCYATtS, INC, Richard x, Natti Kathleen fit. Read 88330 .RTS 14066* 0004 r " • 1 ^�_�, �•^ L i 1 I' i t rl: 1 1 �i 4 4AVA0*00� T �+ Ta Date 0 15, I 'I it �Y 1• a PLEASE REPLY TO Signed Ur * I _Y . 1 �11111�1i Date Signed /�S 15 5IN0 /AIIS 1 AND] WIN CAk$ON% INIACT. I�* PART S Will YE /EIUIINED WITH 11M. .A y , i August le , 1988 Nye \S Ms. Connie Brookway , city Clerk fi 2000 Main Straet '4 Huntington teach, CA 92648 Dear Ms . Brockway : Per y6ur telephone reque3t on August Up enclosed are copies of all correspondence Y have had regarding .. out particular situation at Driftwood Beach Club . ' thank you very much for your time and consideration . y' Sincerely, rz� Betty B. Shannon Enclosures 'h Shannon 21462 pacific Coast, ,8 "UntingtOn beach, CA 92648 3 ' AWL r ! i, a i � ift. ■an Shan�Aman Rim properties, Ltd. P. D. Box 868p Newport Death, CA 92658-8680 Dear I& . Shankman A few months ago, I spoke to you regarding the urgent need to sell our mobile Moose in Driftwood. At the time, I stated my acute cardiac problems and my h-,sband's cancer surgeries as some of the reasons. My husband suffered a haart attack this June u , making the situation more critical. Susan Hunt of the' Runt1.ngton Beach Redevelopment Agency, informed me their crganisaikion is giving phase I and phase I optional first priority in relocation--atd rightly so. However, it %ill be a year before phase Ill will coma under consideration. She also recarked that phase III may never come to pane . Besides the obvicius financial stru;n this actuation. creates , the stress factor for both of us at this time in out lives In traumatic. Please contact *is and let me know if Mayer Corporation will buy our coach at thin time and what compensation we can expect , Thank you for your courtesy in the past. Sincerely, 441- Betty B. Shannon 714-960-7051 , June 28 , 1988 NOTE TO MS BROCKWAY: Mr . Shenkman responded within a few days and suggested we contact iris . Susan Hunt, Huntington Beach Community Developnent as RLM would not give! us "in-park " value for our mobile home . i+ Y 1 ( son* t- e' 46, 1 M� . Susan Hunt Huntington Beach Community Development P. G. Box 190 Huntington Beach, CA 92648 Gear Ms . Hunt: M= , Ron Sherskman of tho RLM Corporation suggested we petition for ,early sale of our coach -in- the Driftwood Mobile Home Park on the grounds of hardship. In April , 1985 , I suffered a massive heart attack. The cardi- ologist permitted me to return to work after several months with the 'understanding I would be transferred to a loss stress- ful position . Also-, since sty husband had been retired for many years , he relieved me of the burden of housework and preparing meals . It was importatt to return to work as my salary contri- buted significantly to our standard of living and my employer provided a comprehensive medical/dental plan as well as life insurance coverage for me . In September, 1986 , I had an episode z�:Iquiting hospitalization that was diagnosed as either labryn- thitis or a small stroke . Whichever, it resulted in total lose of hearing in my left gar'. 1 continued to work despite the obvious haLdicap of diminis•hed. hearing . In November, 19 86 , my hu6band was diagnosed as"having colt-rectal cancer and operated on immediately. At -.th's point, I resigned from work . 1 could not work , take care of', ,my husband , and keep up the house . My husband had additional cancer. surgery 'in May , 1987 . We knew we bad to cut down on our expensed . Also, because our adult children did not think we should be alone , our grand- daughter came to live with us ; we needed more room. The solution would have been to sell the mobile home and move to a less expen- sive area. Because of proposed redeveiopment of the park , sailing in usual way was impossible. The situation became more critical on June 4 , of this year when my husband had a, heart attack requiring hospitalization and angioplasty . We are asking that the city buy our coach at this time so we may get on with our lives and be relieved of the stress created by the present,''':ircumst-•ances . We will , on request , provide docuxnen- tation of the above medical history are well as physicians state- ments re: the potential harm stress creates for both of us . Sincerely , Betty S . Shannon cc: Mr . Ron Shenkman , RI24 Corporation July 14 , 1.988 w � I! y 9MM�. Rr Complota Items 1 and 9 when •d0ltIo5ol wvk" an daal►od, and sompldto lam• , Fm od*m In 1ba "AlITURN To"lom an Ow rovim olds. Folluaa to do tNk wl11 1 t Oil hal nanny I it yew. Tkm rmium n,.da f" ,mW oml* X won No bm k"M low fm o"ItMM1 lwwMrla)nqWaaead, 1. llriw to whama/harrlla t 0 Md► oa'a nddrow, a, Ot Mp�d C Mlmy 4. ❑ Inaurid ❑ ODD j t' I ❑ �Jcp•aaa Mall ;. , fV1Y t.-!r 4 01V 1. A (A cf r. Always obuln slgtwwm of Wdromme or raw"ow We MILIXIMID. S. Addtom i AwldJ ddre [_ S. I't�t+alrad and jae I "rWoturo Tom x ' 7. Bata Of Delivery p ert�� 1y lllu..�a7 r ueARO.107.1MM D[MAESTIC RETURN 111 T P-498 457 139 ' Cry a It* C. . ° CA Lt� Z i t t 4 i f .. L•,4 •may�� j � , . AUr �, ,x9� • CbW 'Eli WAY CITY Q.ERK 1 NGfC1N OEA�1 ' INC"Im cH, CA 9M', DEAR ft z ' b=WAY WE .W4D I KE 'TO -W AT, IF ,--W. , C�?!'.�i rJERAT I ON I S BE I NC GIV04 TO. LRIFTOOOD TENAKN, .. 6p FUR FI WCiAL,, MEDICAL, OR 37M ,REASONS NEM TO MDVE 'AS SOON AS -POSS IBLE BUT ARE LO ATED I Ji PHASES OF THE REDEVELOPMENT T SQ4E3ULED I N THE Ft TUAE. iO SAY. LIST AND SELL 1*HE PRDPEM IS NOT Ar•' i ANSKY-m THE DIFFICULTY WITH FINANCING AND THE UNKN0*S OF THE PRESENT SITUATION MAKE AN ATTEMPT TO SELL IMPRACTICAL y THANK YOU,, , PjVa MRS, WI LI.IPM M. SIWVM, SPACE 28 II MOM URN f ' • n. � CCOW t E $RGCIMY��C+�I,T,'Y CJMK INS`M . CA 9W DIR Ms. BmxwAy � — 1; WE ULD LIKE TO KNOW WHAT', IF ANY. CONS 1DF13AT'IUN IS BEING GIVEN TO URI"V10Oh TENANTS WHO, FOR FINANCIAIa, MEDICAL, OR OTMER REASOhIS NEED TO MDVE AS SCION AS FOSS ISLE Mff ARE LDCATED TJ0 PHASES OF THE REDEVELOPMENT SAD IN THE M U RE, -SAY, LIST AND SELL. THE PROPERTY IS NOT AN ANSWEiI. THE DI FF I CUL.TY WITH F I NANC I P* AND THE UNiSMMS OF THE PRESENT S I TI AT I Obi MAKE AN ATTBwPT TO SELL IMPRAC I CAL THANK YOU, Mk, AND PhS WI LLI AM M. SI-l.4*m, SPACE 28 RECEIVED AM if of Ao • 1 'h .'Y f jj City qf Huntingt� • 2WO MAIN a1 A R IT 1!�` DEPARTMENT OF COMMUNITY Dr flulwh4"Diaigan 5364241 NovWp@1RW&v*k p~t 0140on 536.5542 r..� M MMI DIVI ion GWSV 1 r August 23, 1988 Mr. & Mrs. William Shannon ' Driftwood Beach Club Space 2$ 21462 Pacific Coast Highway Huntington Beach, CA 92648 Dear Mr. & Mrs. Shannon: In response do the letter received from you dated August 9, 1988, 1 would like to explain the Immediate buy-out.stipulation detailed In the Driftwood Mobtichome Park Acquisition and Relocation Agreement. This option is provi:led for tenants who are interested in an immediate buy-out of their coach but are located in an area of the Park affected by later phases of construction and therefore not immediately eligible for relocation benefits. Within"the limits of a three-million dollar fund allocated primarily to cover relocation benefits for Phase I and Phase I Optional tenants, the offer to purchase will be extended to any Driftwood tenent'requesting an immediate buy-out. If relocation obligations to Phase I and Phase I Optional are satisfied and the subsequent request for immediate buy-out does not exceed the three-million dollar cap, qualifying criteria will not be established. If the requests for immediate buy-out exceed the funds allocated then a come ittee comprised of two Driftwood Association members, one resident elected by tenanti who are not Association members and two members appointed by the Agency will establish criteria and determine eligibility for immediate buy--out. The immediate buy-put purchase price will be the appraised value less five percent (5%). I hope this brief explanation has answered your concerns. if you wish to be considered as en Immediate buy-Wf candidate, please communicate your Interest tome by letter. "Further questions on relocation benefits may be directed to myself or Susan Hunt of my staff at (714) S36-S276. Si rely L Dou as N. La Belle, ' Deputy City Administrator/ Director of Redevelopment A Economic Development DLB:SRH:ss (1153d)