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Approve Garfield Delaware Intersection Widening Project Relo
ED I V c HAR -1 PM 1 40 Council/Agency Meeting Held CIT t' u I LPrx Deferred/Continued to CITY 1`1O BEACH "Approved ❑ Conditionally Approved ❑ Denied Ci Cle k s S ature Council Meeting Date 3/20/2006 Departme D Number ED 06 14 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORA LE MAYO AND CITY CO NCIL MEMBERS SUBMITTED BY PENEL PE C�TH-GRAF CITY ADMINISTRATOR PREPARED BY STANLEY SMALEWITZ DIRECTOR OF ECONOMIC DEVELOPMENT / Ig ROBERT F BEARDSLEY PE DIRECTOR OF PUBLIC WO S SUBJECT APPROVE THE GARFIELD/DELAWARE INTERSECTION WIDENING PROJECT RELOCATION PLAN AND GRIEVANCE PROCEDURES Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue The Garfield/Delaware Intersection Widening Project Relocation Plan is submitted for approval (Attachment #1) Because this right-of-way project will trigger the relocation of residents California Relocation Guidelines require the City to approve such a Relocation Plan Included with the Relocation Plan is a procedure for acceptance of any grievances filed by relocatees during the relocation process (Attachment #2) Funding Source The total cost for relocation related payments for the relocation plan is ` estimated at $44 000 and is available from the Traffic Impact Fund Account No 20690001 82100 Recommended Action Motion to 1 Approve the Garfield/Delaware Intersection Widening Project Relocation Plan 2 Approve the Relocation Grievance Procedures for the City of Huntington Beach and 3 Authorize expenditures as described in the plan for relocation related payments in an amount not to exceed $44 000 Alternative Action(s) Do not approve the proposed Garfield/Delaware Intersection Widening Project Relocation Plan and accompanying Grievance Procedures thereby terminating the right-of-way project REQUEST FOR ACTION MEETING DATE 3/20/2006 DEPARTMENT ID NUMBER ED 06-14 Analysis On February 6 2006 the City Council approved the acquisition of a residential property at 7761 Garfield Avenue as part of the Garfield/Delaware Intersection Widening Project This project will require the demolition of this property displacing the owner and renter occupants The estimated cost to relocate these two households is $44 000 To complete the relocation of the two households the City s relocation consultant Overland Pacific & Cutler Inc prepared the attached Garfield/Delaware Intersection Widening Project Relocation Plan which serves as the initial step in the tenant relocation process In conformance with State relocation guidelines all residents received a notification letter and a copy of the Draft Relocation Plan on February 2 2006 The notification letter indicated that the Draft Relocation Plan for the property was available for a 30-day public review To date no public comments have been received The City may now adopt the relocation plan and initiate relocation activities The general purpose of the relocation plan is to describe the circumstances of potentially displaced persons and families the availability of replacement housing and programs to provide required technical and financial assistance To develop the plan each household is personally interviewed to gather information appropriate to the determination of needs and preferences regarding replacement of existing accommodations and facilities Prior to any displacement these individuals are provided with referrals for comparable units and relocation benefits in accordance with the rules and regulations of the California Relocation Assistance Law Every reasonable effort will be made to ensure that the relocation process occurs with a minimum delay and hardship If the relocation plan is approved by the Council the two affected households must be relocated within 3 months The City s relocation consultant is working diligently with the affected households to meet this timeframe ahead of schedule Also included with the approval of the Relocation Plan is a set of procedures that the City may follow to address any grievances filed by the two affected households during the relocation process The intersection of Garfield Avenue and Delaware Street is unimproved and requires widening to allow four lanes of vehicular traffic and additional right-of-way on Garfield Avenue and two lanes of vehicular traffic and additional right-of-way on Delaware Street The intersection improvement project includes the construction of curbs gutters sidewalk pavement restoration and relocation of traffic signals and street lights as necessary to enhance pedestrian bicycle traffic circulation and public safety Award of the project construction contract is slated for August 2006 with construction scheduled to begin September 2006 A map showing the subject property is attached as Exhibit 2 G\Steve\Real Estate\Garfield Delaware\RCA for 7761 Relocation Plan2 doc 2 3/6/2006 4 25 PM REQUEST FOR ACTION MEETING DATE 3/20/2006 DEPARTMENT ID NUMBER ED 06-14 Public Works Commission Action Not required Environmental Status This project has been determined to be Categorically Exempt Attachment(s) City Clerk's Page Number No. Description 1 The Garfield/Delaware Intersection Widening Project Relocation Plan 2 Relocation Grievance Procedures 3 Site Map G\Steve\Real Estate\Garfield Delaware\RCA for 7761 Relocation Plan2 doc 2 3/6/2006 4 25 PM The Garfield/Delaware Intersection Widening Project Relocation Plan ® , _> r- A- Ao ee ® • ~ H > / ,ƒ \ % ; { / y ^x r- l ► n t � l � • V E R L ' { ` The Garfield/Delaware Intersection Widening Project FINAL RELOCATION PLAN yPrepared for City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 By Overland Pacific R Cutler Inc !� 24422 Avenida de la Carlota Suite 275 Laguna Hills California 92653 949 951 5263 March 3 2006 L� L� i t TABLE OF CONTENTS INTRODUCTION 1 I PROJECT DESCRIPTION 2 A REGIONAL LOCATION 2 B PROJECT SITE LOCATION 3 C GENERAL DEMOGRAPHIC&HOUSING CHARACTERISTICS 4 r II ASSESSMENT OF RELOCATION NEEDS 4 I A SURVEY METHOD 4 B FIELD STUDY DATA—RESIDENTIAL 5 I Current Occupants 2 Replacement Housing Needs L 3 Income 5 4 Ethnicity/Language 5 5 Senior/Handicapped Households 5 6 Preferred Relocation Areas 6 III RELOCATION RESOURCES 6 A METHODOLOGY 6 6 B REPLACEMENT HOUSING AVAILABILITY 6 1 Residential Rental Housing 6 2 Residential Housing for Purchase 7 1 3 Summary 7 11 C RELATED ISSUES 7 1 Concurrent Residential Displacement 7 2 Temporary Housing 7 IV THE RELOCATION PROGRAM 7 A ADVISORY ASSISTANCE 8 B RELOCATION BENEFITS—RESIDENTIAL OCCUPANTS 9 1 Residential Moving Expenses 9 2 Rental Assistance to Tenants/Owner Occupants Who Choose to Rent 10 3 Downpayment Assistance to Tenants Who Choose to Purchase 12 4 Payments to Non Tenured Residential Tenants 12 Assistance to Homeowners 12 r, C DETERMINATION OF COMPARABLE HOUSING 14 D GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS 14 E LAST RESORT HOUSING 15 F RELOCATION TAX CONSEQUENCES 15 V ADMINISTRATIVE PROVISIONS 16 A NOTICES 16 B PRIVACY RECORDS 17 C GRIEVANCE PROCEDURES 17 D EVICTION POLICY 17 E CITIZEN PARTICIPATION 18 (� F PROJECTED DATES OF DISPLACEMENT 18 1 G ESTIMATED RELOCATION COSTS 18 1� f LIST OF TABLES TABLE 1 2000 Census Population—City of Huntmgton Beach& Impacted Tract 4 TABLE 2 2000 Census Housing units—City of Huntington Beach&Impacted Tract 4 TABLE 3 Availability and Cost of Replacement Rental Housing 6 TABLE 4 Availability/Cost of Replacement Housing for Purchase 7 1 TABLE-,) Schedule of Fixed Moving Payments 10 TABLE 6 Computation of Rental Assistance Payments I I LIST OF EXHIBITS EXHIBIT A Residential Interview Form EXHIBIT B Project Households Characteristics EXHIBIT C HUD Income Levels—Orange County b EXHIBIT D Residential Informational Brochure sEXHIBIT E Public Comments and Response r � � 3 L] i i Garfield/Delmvare Intersection Widening Project i INTRODUCTION The City of Huntington Beach (the City ) has authorized the preparation of a relocation plan to 1 be undertaken in connection with the commencement of their proposed intersection widening i project at Garfield and Delaware The proposed Project requires the acquisition of necessary rights-of-way to bring the widths of Garfield Avenue and Delaware Street at this intersection to the same as the adjacent blocks The proposed intersection widening will potentially cause the displacement of two residential C households of which one is an owner occupied household and one is a tenant household There is an additional dwelling that will be acquired however the dwelling is currently vacant The needs and characteristics of the displacee population available relocation resources and the City program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan) Funding for the Project comes from traffic impact fees and county road improvement grant A funds This Plan conforms to the requirements of the California Relocation Assistance Law Government Code Section 7260 et seq (Law) the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development and Title 25 California Code of Regulations Section 6000 et seq (Guidelines) This Plan is organized in five sections 3 1 Project description(SECTION 1) 2 Assessment of the relocation needs of persons subject to displacement (SECTION II) 3 Assessment of available replacement housing units within the City of Huntington Beach and surrounding communities (SECTION III) 4 Description of the City s relocation program (SECTION IV) 5 Description of the City s outreach efforts Project timeline and budget (SECTION V) l� t.� l� �� 1 i Garfield/Delaware Intersection Widening Pt oject } I PROJECT DESCRIPTION A REGIONAL LOCATION The Project is located in the City of Huntington Beach within Orange County Huntington Beach is located in the western reach of Orange County approximately 37 miles southeast of downtown Los Angeles (City) and is immediately accessible from Interstate 405 and the Pacific Coast Highway (Hwy 1) Adjacent communities include Newport Beach Costa Mesa Fountain lValley Westminster and Seal Beach (See Figure I Regional Project Location) her Lake °San abnel o Baldwin Pa °Claremont ° servar C vm Iha bra 0El o __._{39 _ Psrddtngston Is 1Ji ' e O L onterey P rk O ° est Covin P ona f�80 SOut� uente i ? Walnut Ea Los Angels ° �,,�,eo -�- Mo eb o �` P rite f ti Cl Chino rk Maywoo mrerce ° c vera Hcie 1, 1-diamond Bar 1\ 83j Height // 72 ° I � C orence ° e ell ns —1 N8 wland �� Los Serranos�, OOd a am Cudahy° rttler Heights Chino Hills ° / 0 n ° J We moot 42 WMh La abra Lyn ood a y�h er ° f � en q Brea Nuo rod ° a Mir a 90 Compton °Para ount �lorwa _ uilert n Yorba Linda _ 91 Placentia ° y — el wer uena ark �j a Carson Artesta�L m 9 � y +241+ a. ° � 1akew d - r� I nozAn O e est � waiian Gar ns ° res Ana Im arson Los Alamd Katella �e fs7 s O It, L Rossmo ado Garde O nge q 103 GrOI/e A? 1ag1 13} Lon Beach �p 39+ 22 p Peters Canyon .¢r" O F- = _ Reservoir Seal Beach estmi ster Tustin �2e1+ 9 x 55 I ° 4 �& aV } nta A a0 ' 3 fSanPedroBay O/�R A tt O 1 0 �IMne 4.r ..i`4`.`� ,a rr[ ,�' _;-• +y� f I�Llritl f C t< V -i ,� �W..� 7 =p+y,'z'BeaCh t133 \ +�di £ t SK A �x F S� �. ,ry+ I} 3 Osta J d pp+yy 2x '?t 4 "4fshs r rv� t� 4t ? Mes '• 4c aHuntmgton OI Sid x� ,w as Beach State�++�,, t ke Fo St i o Co n ht+©r2003tiMlcrosoft or pandior Its su hers All n hts+reserded 1 . ew ort Ahsb Vie ° l Figure 1 Regional Project Location 2 E t Garfield/Delaware Intersection Widening Project r r B PROJECT SITE LOCATION AND DESCRIPTION The Project site is on Garfield Avenue generally bordered by Flonda Street to the east Garfield Avenue to the south Delaware Street to the west and Timber Circle to the north (See Figure 2 Project Site Location) The Project site is compnsed of six properties consisting of approximately 23 830 sq ft Two residential buildings within the Project site require acquisition of all improvements One of these residential properties contains one residential building (vacant) and the other residential property contains two buildings (both are occupied) and will require relocation services r ivr -Nr h ey i t w �nr a# by 5 i � xr!WWI- ate J [vV ^ x�e tom .. alln Cir- Td ` Era s '�:n 3'+��z t �h\ ��. x �L..N 5,�� c+i, •�'-`� ,f '� �,x- a s sir µ � tL '�l�R l fyF{ 14 Shaffer Irf " t Fzw k kt r I I[ �A4fc c 8' 14 j T'� h'"Z... 6 � � � nad �0.h ��{ y A.�•M" U � �A'.a an PO`f�1 1 �k '`x3 5 -- 4 } ,� }�fie,` �f� �y {4?at 1 I'iy 'fbar r Ave-, a F tJr ra k rc l x z ; $ y 'V 7PN L� V t c;;,xr z-r�'✓' "t r I �i�'�-4r F� 1-h �{r '"�r�k>rsM'^ �. ��- � why�C�-�, y� k +a,� �c.sN�'f'k#.T 3`.. , use � 54 4Y{ n ,r,r'�r ,d,tr-• '� � Figure 2 Project Site Location 3 t� t Gai field/Delaware Intersection Widening Project C GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS According to the 2000 U S Census the population of the City of Huntington Beach is 189 -')94 t and the population of the impacted Census Tract is 7 583 (see Table 1) Corresponding Census data concerning the housing mix is shown in Table 2 TABLE 1 2000 Census Population—City of Huntington Beach & Impacted Tract Population Tract 994 13 % City % -1 Total Population 7 583 100 0% 189 594 100 0% White 5 536 73 0% 150 194 79 2% Black or African American 70 0 9% 1 527 0 8% American Indian or Alaska Native 56 0 7% 1 224 0 6% g Asian 1 099 14 5% 17 709 9 3% _ Native Hawaiian or Other Pacific Islander 24 0 3% 456 0 2% Some Other Race 468 6 2% 11 019 5 8% Two or More Races 330 4 4% 7 465 3 9% Hispanic or Latmo (of Any Race) 1 046 13 8% 27 798 14 7% Source U S Census Bureau QT PL Race Hisparuc or Latino and Age 2000 l TABLE 2 2000 Census Housing Units—C ty of Huntington Beach & Im acted Tract Type Tract 994 13 % City % Total Units 3 239 100 0% 75 662 100 0% Owner-Occupied 1 563 48 3% 44 658 59 0% 1 Renter Occupied 1 514 46 7% 28 999 38 3% I1 Vacant Housing Units 162 5 0% 2005 2 7% Available for Sale Only (of Total Vacant 82 50 6% 412 20 5% Units) Available for Rent—Full Time Occupancy 33 20 4% 602 30 0% (of Total Vacant Units) Sold or Rented —Not Occupied 29 17 9% 276 13 8% Otherwise Not Available (e g seasonal, 9 5 6% 516 25 7% recreational migratory, occasional use) Other Vacant 9 5 6% 1 199 1 9 9% Source U S Census Bureau QT H1 General Housing Characteristics 2000 II ASSESSMENT OF RELOCATION NEEDS A SURVEY METHOD To obtain information necessary for the preparation of this Plan personal interviews were conducted in August and September of 2005 The interviewer was successful in obtaining survey responses form both residential households in the Project There were two occupied units and one vacant unit on the Project site at the time of the interviews The data in this section of the Plan are based solely on the unconfirmed responses of those individuals who participated in the survey H f 4 Garfield/Delaware Intei section Widening Project Inquiries made of the residential occupants concerned household size and composition income monthly rent or mort age payments length of occupancy ethnicity home language physical -� disabilities and replacement housing preferences A sample of the residential interview form 4 used in the interview process is presented as Exhibit A of this report B FIELD SURVEY DATA 1 Current Occupants There are two residential households to be relocated for the Project Household r characteristics are outlined in Exhibit B of this report l The commonly accepted standard for housing density allows two persons per bedroom and one person in the common living area Based on this cntenon and available tenant l data, there appears to be no overcrowded units among the project households 2 Replacement Housing Needs Replacement housing needs as expressed in this plan are defined by the total number of required replacement units and distnbution of those units by bedroom size The projected number of required units by bedroom size is calculated by comparing survey data for household size with typical replacement housing occupancy standards These standards generally allow for up to three persons in a one-bedroom unit five persons in a two- bedroom unit, seven persons in a three-bedroom unit and nine or more persons in a four- bedroom unit s Replacement units required for the Project occupants include a 1 bedroom unit such as a single-family residence cottage or guest house and a 3 bedroom single family residence 3 Income � �E Income information was provided by both households According to income standards 9 for the County of Orange (Exhibit C) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD) one Project household qualifies as very low income (31%-50% of median) and the other Project household qualifies as above moderate i income (81% 120% of median) 4 Ethnicity/Language One household stated their ethnicity as Caucasian and the other household stated it as Hispanic Both households identified English as their primary household language i 5 Senior/Handicapped Households I There is one household with at least one senior individual (62 years or older) in the Project and one householdiwith reported physical disabilities This household indicated 5 4 � Garfield/Delaware Intersection Widening Project i l} the need to be in a single story or first-floor barrier free replacement unit due to the physical disability of one of its members 6 Preferred Relocation Areas Both households surveyed expressed a preference to remain in the community or close surrounding areas in order to maintain current access to employment and medical facilities I III RELOCATION RESOURCES A METHODOLOGY For residential housing a resource survey was initially conducted to identify available rental units and homes for sale within a five-mile radius from the Project site The following sources were utilized l -- Windshield/dnve-ly surveys conducted in Huntington Beach and surrounding mm 3 counities Classified rental listings form local newspapers and For Rent publications -- Contacts with real estate/property management companies serving the community -- Internet sources rental opportunities including the Multiple Listing Service B REPLACEMENT HOUSING AVAILABILITY I 1 Residential Rental Housing i I The rental replacement housing survey considered houses and cottages for rent in Huntington Beach�and surrounding communities This data is summanzed in Table 3 below The housing survey identified a total of six available one r bedroom housing units for rent The individual figures for number of units found by bedroom size are presented in the table alongside the number of units needed (shown in parentheses) to meet the re-housing obligations i TABLE 3 Availability and Cost of Replacement Rental Housing Bedroom Size { One # Found (# Needed) 6 (1) Rent Range $600 - $1,400 Median Rent ( $1 150 The median rent amount shown in the table is among the figures used to make benefit and budget projections for the Plan This amount is naturally subject to change according to the market rates prevailing at the time of displacement Average Project refits are currently 20%below market rents in the area 6 Garfield/Delaware Intersection Widening Project s I 2 Residential Housing for Purchase I Real estate listings were obtained for homes for sale in Huntington Beach lb Available comparable 3 bedroom homes for sale were identified and are summarized in Table 4 below i TABLE 4 Avail ability/Cost of Replacement Housing for Purchase Bedroom Size Three # Found (#Needed) 15 (1) i J Listing Price Range $560 000 - $675 000 Median List Price $650 000 3 Summary i Considering the above described availability of replacement housing resources gathered over a two-week period it appears that there are more than adequate replacement resources for the residential occupants But while adequate replacement resources exist based on survey results of rental opportunities and the tenant s current rent the tenant occupant will likely have an increase in monthly rent Possible increases if any will be met through the City s obligation under the relocation regulations including Last Resort Housing (LHR) requirements (See Section IV E) i C RELATED ISSUES I 1 Concurrent Residential Displacement There are no other current public projects causing significant displacements underway in the City of Huntington Beach or adjacent communities which presently would compete with the Project for needed housing resources No residential displacee will be required to move without both adequate notice and access to available affordable decent safe and sanitary housing 2 Temporary Housing pp No need for temporary housing is anticipated �1 IV THE RELOCATION PROGRAM The City s Relocation Program is designed to minimize hardship be responsive to unique project circumstances emphasize maintaining personal contact with all affected individuals consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements 7 t Garfield/Delaware Intersection Widening Project it 1 The City has retained Overland Pacific & Cutler Inc (OPC) to administer the Relocation Program OPC has worked on more than 2 500 public City acquisition and relocation projects over the past 25 years Additionally OPC has an extensive resume to 1 redevelopment undertaken in the City of Huntington Beach and other Southern California communities Experienced City staff will monitor the performance of OPC and be responsible to approve or disapprove OPC recommendations concerning eligibility and benefit determinations and interpretations of City s policy The relocation program consists of two principal constituents Advisory Assistance and Financial Assistance A ADVISORY ASSISTANCE Individuals who will need to move from existing homes will receive advisory assistance Advisory assistance services are intended to • inform displacees about the relocation program • help in the process of finding appropriate replacement accommodations • facilitate claims processing • maintain a communication link with the City • coordinate the involvement of outside service providers J p To follow through on the advisory assistance component of the relocation program and assure that the City meets its obligations under the law relocation staff will perform the following functions 1 Distribute appropriate written information concerning the City s relocation program, 2 Inform eligible project occupants of the nature of and procedures for obtaining available relocation assistance and benefits (See Exhibit D) 3 Determine the needs of each residential displacee eligible for assistance, 4 Provide residential displacees with at least three referrals to comparable replacement housing within a reasonable time prior to displacement ( ! 5 Maintain an updated database of available housing resources and distribute LJ referral information to displacees for the duration of the Project, 6 Provide transportation to residential displacees if necessary, to inspect replacement sites within the local area 7 Offer special assistance to help elderly or disabled tenants find housing near friends relatives medical facilities and services and convenient transportation 9 Garfield/Delaware Intersection Widening Project 8 Supply information concerning federal and state programs and other governmental programs providing assistance to displaced persons 9 Assist each eligible residential occupant in the preparation and submission of relocation assistance claims, 10 Provide additional reasonable services necessary to successfully relocate residents C11 Make benefit determinations and payments in accordance with applicable law and the City s adopted relocation guidelines 12 Assure that no occupant is required to move without a minimum of 90 days written notice to vacate This notice could be part of, separate from, or be an ( Order for Immediate Possession issued from the Court 13 Inform all persons subject to displacement of the City s policies with regard to eviction and property management, 14 Establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of the City s decision with respect to relocation p assistance and 15 Provide assistance what does not result in different or separate treatment due to race color religion national ongin, sex mantal status or other arbitrary circumstances B RELOCATION BENEFITS—RESIDENTIAL OCCUPANTS Specific eligibility requirements and benefit plans will be detailed on an individual basis with all displacees In the course of personal interviews and follow-up visits each displacee will be counseled as to available options and the consequences of any choice with respect to financial assistance Relocation benefits will be paid to eligible displacees upon submission of required claim forms and documentation in accordance with the City's administrative procedures The U City will process advance payment request to mitigate hardships for residential tenants who do not have access to sufficient funds to pay move in costs such as first month s rent and/or security deposits Approved requests will be processed expeditiously to help avoid the loss of desirable appropriate replacement housing 1 Residential Moving Expense Payments All residential occupants to be relocated will be eligible to receive a payment for moving expenses Moving expense payments will be made based upon the actual cost of a professional move or a fixed payment based on a room count schedule 9 Garfield/Delaware Intersection Widening Pi oject t a Actual Cost (Professional Move) ^; The displacee may elect to retain the services of a licensed professional mover, in which case the City will pay the actual cost of moving services (� based on the lowest of two acceptable bids (The City may at its i discretion solicit competitive bids to determine the lowest reasonable move cost ) After the move is complete the displacee may pay the mover C- directly and seek reimbursement from the City or request a direct payment from the City to the mover b Fixed Payment(based on Room Count Schedule) The displacee may while taking full responsibility for the move elect to receive a fixed payment for moving expenses based on a room count in the displacement dwelling The fixed payment is a one-time, all inclusive allowance that does not require back up documentation The current schedule for fixed payments is set forth in Table 5 TABLE 5 Schedule of Fixed Moving Payments Unfurnished Dwelling € Room 1 2 3 4 5 6 7 8 Each �€ count additional Amount $625 $800 $1 000 $1 175 $1 425 $1 650 $1 900 $2 150 $225 r� Furnished Dwelling ]j 1 Room 1 each additional count Amount $400 $65 Source California Department of Transportation 2 Rental Assistance to Tenants/Owner-Occupants Who Chose to Rent A tenant displaced from a dwelling may be entitled to a Replacement Housing Payment in the form of rental or downpayment assistance no-to-exceed $5 250 (prior to consideration of eligibility for Last Resort Housing benefits — see Last �$ Resort Housing Section IV E), if the displacee 1 Has actually and lawfully occupied the displacement dwelling for at least 90 days immediately pnor to the initiation of negotiations and 2 Has rented or purchased and occupied a decent safe and sanitary replacement dwelling within one year (unless the City extends this penod for good cause) after the date he or she moves from the displacement dwelling 10 Garfceld/Delaivate Intersection Widening Project 1 Rental Assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of (i) The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling or (it) The monthly rent and estimated average monthly cost of utilities for the decent safe and sanitary replacement dwelling actually occupied by displaced person The base monthly rent for the displacement dwelling is the lesser of (i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to the displacement as determined by the City For owner-occupants or households which pay no rent Fair J market rent will be used as a substitute for actual rent or (it) Thirty percent (30%) of the displaced person s average monthly ► adjusted gross household income If a displacee refuses to provide appropriate evidence of income or is a dependent the base monthly rent shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling, or (in) The total of the amount designated for shelter and utilities if receiving 3 a welfare assistance payment from a program that designated the amounts 1 for shelter and utilities CTable 6 below illustrates the computation of a rental/downpayment assistance r payment amount Il TABLE 6 Computation of Rental Assistance Payments 1 Old Rent $650 1 Old Rent plus Utility Allowance or 2 Ability to Pay $700 30% of the Adjusted Gross Household Income* 3 Lesser of lines 1 or 2 $650 Base Monthly Rental Subtract From 4 Actual New Rent $750 Actual New Rent including Utility Allowance or 5 Comparable Rent $775 Determined by City includes Utility Allowance 6 Lesser of lines 4 or 5 $750 7 Yields Monthly $100 Subtract line 3 from line 6 Need Rental Assistance $4,200 Multiply line 7 by 42 months 11 Garfield/Delaware Intersection Widening Project *Gross income means the total amount annual income of an individual less the following (1) a deduction for each dependent in excess of three (2) a deduction of 10% of total income for the elderly or disabled head of household (3) a deduction for recurring extraordinary medical expenses defined for this purpose to mean medical expenses in excess of 3% of total income 1 where not compensated for, or covered by insurance or other sources (4) a deduction of reasonable amounts paid for the care of cluldren or sick or incapacitate farruly members when determined to be necessary to employment of head of household or spouse except that the amount shall not exceed the amount of income received by the person who would not otherwise be able to seek employment in the absence of such care 3 Downpayment Assistance to Tenants Who Chose to Purchase a Displacees otherwise eligible to receive a Rental Assistance payment as previously described may chose to utilize the full amount of their rental assistance eligibility amount (including Last Resort benefit) to purchase a home Such payments shall be deposited directly into an escrow account with provisions that allow the City to recover its funds should the escrow be cancelled or not proceed in a timely manner These funds can be used as a downpayment and/or to { pay for eligible non recurring closing costs Downpayment assistance, to a 1 displaced owner occupant can not exceed the amount the owner would have received had the owner met the 180 day occupancy requirement 1 4 Payment to Non-Tenured Residential Tenants 1 A residential tenant who has actually and lawfully occupied the displacement dwelling for less than 90 days immediately prior to the initiation of negotiations is entitled to receive a moving expense payment Additionally, non tenured residential tenants may qualify for a rental assistance payment under the yprovisions of Last Resort Housing assistance (see Last Resort Housing Section IV E) Such assistance is authorized when comparable replacement housing is not available at rental rates within the tenant s financial means (30% of gross monthly household income) Last Resort Housing assistance to non tenured households is based solely on income 5 Assistance to Homeowners Homeowners displaced by this Project will be eligible for relocation replacement housing payments if the following conditions are met (a) The household has owned and occupied their unit for not less than 180 days prior to the Initiation of Negotiations, and (b) The household purchases and occupies a replacement unit within one year from (i) the date that the household receives the final payment from the displacing entity for all the costs of the acquired unit - or - (ii) the date that the household vacates the acquired unit whichever is later 12 s Garfield/Delaware Intersection Widening Project f1 ( � Displaced homeowner households will receive assistance in locating a comparable replacement unit and will be eligible for the following benefits not to exceed $22 500 1 1 Purchase Price Differential The displaced households will be entitled to receive an amount equal to the difference between the price paid for the acquired unit and the amount required to purchase a comparable replacement unit The displacing entity is allowed the following options in paying any price differential as explained in section 6102 of the Guidelines (a) Comparative Method On a case by case basis the displacing entity will determine the price of a "comparable replacement unit which is most representative of the acquired unit by selecting and considering the listing price of at least three (whenever possible) ` comparable replacement unit (b) Schedule Method If the Comparative Method is not feasible, the displacing entity may establish a schedule of reasonable acquisition costs of comparable replacement units based on a current analysis of the housing market (c) Alternate Method When neither the Comparative nor Schedule methods are feasible the displacing entity may use another reasonable method 2 Other Payments [ Moreover displaced homeowners will receive the following assistance (a) Payments to cover the cost between the difference of the households current debt or mortgage service and any increase in debt or mortgage costs necessary to acquire a comparable l� replacement housing unit and Il (b) Incidental and reasonable one time costs for acquiring a replacement unit such as escrow costs and recurring and credit reporting fees 3 Rental Assistance Option If a displaced homeowner household which has purchased and occupied its current unit at least 180 days prior to the initiation of negotiations desires to rent instead of purchase a replacement unit the household is eligible for all the benefits and assistance that is available to tenant households However such replacement housing payments may not 13 i s Garfield/Delaware Intersection Widening Project �t exceed the payments the household would have been entitled to if it had elected to purchase a replacement unit C DETERMINATION OF COMPARABLE HOUSING Relocation staff will evaluate the cost of comparable replacement housing in the preparation of each individual Notice of Eligibility issued to residential displacees For residential tenants, the cost of comparable replacement housing will be detennined primanly by a schedule method which determines the median rent in the local market for each type of unit needed For the residential owner-occupants, the comparative method ( will be used D GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the City no later than 18 months after the date of displacement The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows 1 Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance 2 Relocation staff will review all necessary documentation including, but not limited to income venfication lease documents and escrow material before reaching a determination as to which expenses are eligible for compensation 3 Required claims forms will be prepared by relocation staff and presented to the claimant for review Signed claims and supporting documentation will be returned to relocation staff and submitted to the City, 4 The City will review and approve claims for payment, or request additional infonnation, 5 The City will issue benefit checks to claimants in the most secure expeditious manner possible, t� 6 Final payments to residential displacees will be issued after confirmation that the Project premises have been completely vacated and actual residency at the replacement unit is venfied 7 Receipts of payment and all claim material will be maintained in the relocation case file 14 R Gaffield/Delaware Intersection Widening Project E LAST RESORT HOUSING - Based on data derived from the surveys and analyses of the occupants in the Project area and costs of replacement housing resources it is anticipated that comparable replacement housing will not be available as required Specifically for renters when the computed replacement housing assistance eligibility exceeds $5,250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceeds 30% of the person s average monthly income Last Resort Housing will have to be provided Therefore if the Project is to go forward the City will authorize its funds or funds authorized for the Project to provide housing of last resort Funds will be used to make payments in excess of the monetary limit specified in the statute ($5,250) hence, satisfying the requirement that ' comparable replacement housing is available A displaced tenant household will be entitled to consideration for supplementary benefits in the form of Last Resort Housing assistance when the computed replacement housing assistance eligibility exceeds $5 250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceed 30% of the person s average monthly income (financial means) or when a tenant fails to meet the 90-day occupancy requirement and comparable replacement rental housing is not available within the displaced person s financial means Calculations of Last Resort rental assistance benefits for tenants who fail to meet the 90-day occupancy requirement will be based solely on household income Non 90 day qualifiers must meet basic eligibility requirements applied to all other displacees For owner-occupants/homeowners if there is not enough comparable replacement housing available the displacing entity shall pay whatever costs are necessary beyond the statutory cap of $22 500 to acquire a comparable replacement unit including reasonable incidental expenses A displaced homeowner household which has purchased and occupied its current unit for less than 180 days but at least 90 days prior to the initiation of negotiations , is eligible for all the assistance and benefits that are available to a tenant household The City at its discretion, may opt to pay Last Resort Housing payments in installments or in a lump sum Recipients of Last Resort rental assistance who intend to purchase rather than re rent replacement housing will have the right to request a lump sum payment of all benefits in the form of downpayment assistance Tenant households receiving periodic payments will have the option to request a lump sum payment of r , remaining benefits to assist with the purchase of a decent safe and sanitary dwelling F RELOCATION TAX CONSEQUENCES In general relocation payments are not considered income for the purpose of Division 2 r O of the Internal Revenue Code of 19�4 which has been redesignated as the Internal 15 Gaffield/Delaware Intersection Widening Project Revenue Code of 1986 (Title 26 U S Code) or for the purpose of determining the eligibility or extent of eligibility of any person for assistance under the Social Security Act (42 U S Code 301 et seq ) or the Personal Income Tax Law Part 10 (commencing with Sectionl7001) of the Revenue and Taxation Code or the Bank and Corporation Tax Law Part II (commencing with Section 23001) of Division 2 of Revenue and Taxation Code The above statement on tax consequences is not intended as tax advice by the City or OPC Displacees are responsible for consulting with their own tax advisors concerning the tax consequences of relocation payments V ADMINISTRATIVE PROVISIONS A NOTICES r Each notice which the City is required to provide to a Project occupant shall be personally delivered or sent certified or registered first class mail, return receipt requested and documented in the case file Each notice will be written in plain understandable language Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions and other needed help There are three principal notices 1) the Information Statement 2) the Notice of Relocation Eligibility and 3) the 90 Day Vacate Notice The Informational Statement is intended to provide potential relocatees with a general written description of the City s relocation program and basic information concerning benefits conditions of eligibility noticing requirements and appeal rights A Notice of Relocation Eligibility (NOE) will be distributed to each residential relocatee The NOE to residential relocatees contains a detennination of eligibility for relocation assistance and a computation of a maximum entitlement based on information provided by the affected household and the analysis of comparable replacement properties undertaken by the relocation staff No lawful occupant will be required to move without having received at least 90 days advance written notice of the earliest date by which the move will be necessary The 90-Day Vacate Notice will state a specific date as the earliest date by which the occupant may be required to r, move or state that the occupant will receive a further notice indicating at least 60 days in advance the specific date of the required move The 90 Day Notice will not be issued to any residential displacee before a comparable replacement dwelling has been made available In addition to the three principal notices relocation staff will issue timely written notification in the form of a Reminder Notice which discusses the possible loss of rights and sets the expiration date for the loss of benefits to those persons who �� 16 3 t i { Garfield/Delaware Intersection Widening Project z 1) are eligible for monetary benefits -� 2) have moved from the acquired property and 3) have not filed a claim for benefits Reminder Notices will be issued periodically throughout the qualification period An attempt shall be made to make written contact with all non responsive relocatees no later than within the last six months prior to the filing expiration date I p F t B PRIVACY OF RECORDS All information obtained from displacees is considered confidential and will not be shared without consent of the displacee or the City Relocation staff will comply with federal Cregulations concerning safeguarding of relocation files and their contents C GRIEVANCE PROCEDURES A person who is dissatisfied with a determination as to eligibility for benefits a payment amount the failure to provide comparable replacement housing referrals or the City s property management practices must file a Relocation Assistance Appeal Form or any other written form of appeal with the Deputy City Administrator or other designate (Hearing Officer) The Hearing Officer shall set a hearing date of no later than 30 days from receipt of the appeal The person making the appeal shall have 1) the right to present oral and/or written evidence in support of the appeal 2) the right to legal counsel (hired at the appellant s sole expense) and 3) the right to seek judicial review once having exhausted all administrative appeal remedies The Hearing Officer shall render a decision in writing, within 30 days following the last day of the hearing A copy of the decision shall be mailed, certified or registered to the appellant and his/her authorized representative and copies filed in the relocation case file The decision of the Hearing Officer shall be final and the appellant shall be advised of the right to seek judicial review of the Hearing Officer s decision L.� D EVICTION POLICY The City recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction Eviction will only take place in cases of nonpayment of rent serious violation of the rental agreement a dangerous or illegal act in the unit of if the household refuses all reasonable offers of alternate accommodation Eviction will not affect the eligibility of a person legally entitled to relocation benefits 17 Garfaeld/Delawaf e Intersection Widening Project E CITIZEN PARTICIPATION As the process for considering the Project moves forward the City will observe the following protocol I Provide affected tenants with full and timely access to documents relevant to the relocation program E� 2 Encourage meaningful participation in reviewing the relocation plan and monitoring the relocation assistance program, including the project area Loccupants 3 Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials l 4 Issuance of a general notice concerning the availability of the Plan for public review as required 30 days prior to its proposed adoption and 5 The inclusion of written or oral comments concerning the Plan as an attachment ( (Exhibit E) when it is forwarded to the City Council for adoption t F PROJECTED DATES OF DISPLACEMENT The City anticipates that date specific Notices to Vacate will not be issued prior to January 2006 No resident will be required to vacate without a minimum of 90 days notice However a resident may chose to vacate prior to a vacate notice being issued, once they have received their Notice of Eligibility and be assured they will receive any replacement housing assistance and moving assistance to which they may be entitled G ESTIMATED RELOCATION COSTS The total budget estimate for relocation related payments for this Project including a 10 percent contingency, is as follows Relocation $40 000 Contingency @ 10% $4,000 TOTAL $44,000 The Estimated relocation budget does not include any payments related to property acquisition In addition the budget does not consider the cost of any services necessary to implement the Plan and complete the relocation element of the Project If the Project is to be implemented and circumstances anse that should change either the number of residential occupants or the nature of their activity the City will authorize any additional compensable funds that may need to be appropriated The City pledges to appropriate on a timely basis the funds necessary to ensure the successful completion of the Project including funds necessary for last resort housing as f p indicated in Section IV E of this Plan to meet its obligation under the relocation regulations 18 r� EXHIBIT A RESIDENTIAL INTERVIEW FORM s t � �i l� ti Ll U [l U U U 11 CASE# r ; r s� '^ ° FUNDING SOURCE r� OVERLAND PACIFIC&CUTLER INC RESIDENTIAL INTERVIEW FORM it i Interview Date Site Move In Initiation of Negotiations Interviewer Head of Household OTHER Address ETHNICITY Monthly Utilities # Which Li White El Asian ❑ Hispanic/Latino ❑ African American Gas ❑Tenant ❑ Owner Site Telephone# Work/Cell# ❑ Other Electricity ❑Tenant ❑ Owner j Fax# Email PRIMARY LANGUAGE Water ❑Tenant ❑ Owner ❑ English ❑ Spanish Other Social Security Number ❑ Other I�j Appliances Owned b I t DISPLACEMENT STATISTICS SPECIALIZED NEEDS '�'pp y Tenant ❑Stove ❑Refrigerator ❑W/D Dwelling Type Approx Sq Ft ❑ AFDC/TANF Pension SS ❑Other SSI Approximate Age of Unit yrs ❑ Other Public Assistance Are all occupants planning to move at i #Bedrooms #Bathrooms #Rooms ❑Laundry Fac (ask for Entitlement Letter) the same time and to the same 1 ❑ Elderly Household replacement dwelling? ❑Garage El ❑Pets If so describe y ❑Yes ❑No Mobile Home Size ft x ft ❑ Handicapped Household Please explain 7 Year Model Pad Rent $ Describe OCCUPANCY/FINANCIAL INFORMATION Occupancy Status ❑Own ❑Rent Need Barrier Free Yes❑No❑ i Condition of unit ❑Excellent ❑Good ❑Fair ❑Poor Own Car? Yes ❑ No❑ Home business? Description ❑Need access to public transportation? Do you rent out any rooms in the dwelling? ❑Yes ❑No If so names Describe mode If so is person or persons considered part of household? ❑Yes ❑No Owners ❑Mortgage ❑Own Clear ❑Need to live near medical t Monthly Payment Principal$ facilities?Describe location Ll Loan Balance(s)as of 5 p Loan Type oFixed ❑Variable Annual / Rate F(i Loan Type ❑Faced ❑Variable Annual / Rate ❑Other Special needs or Original Date(s)of Current Loan(s) services requested Rem Loan Term Months Rem Loan Term_Months Describe Renters ❑Total Monthly Rent$ Landlord ❑Written Agreement Date ❑M/M ❑Lease ❑Vacant/No Contact ❑Unit Furnished ❑Unit Unfurnished ❑ Security Deposit? f 1 If Sect 8 Total Tenant Rent $ U Caseworker Telephone# �pygp HOUSEHOLD MEMBERS SEX AGE move in INCOME RELATIONSHIP/EMPLOYER/SCHOOL t M F �e 2 M F BMa 3 M F 4 M F 5 M F �! 6 M F 7 M F Notes U I certify that all the information on this survey Is true and correct Respondent Date RM 20 �i i EXHIBIT B � PROJECT HOUSEHOLDS' CHARACTERISTICS (i i �p c� L� Li L� Ly �l it U �1 PROJECT HOUSEHOLDS' CHARACTERISTICS Household Income r Renter or Number of Number and t Number of Number of z Permanent or J Current Mo Rent&. Current Number of Special M Very Low Homeowner Adults Ages of persons with Elderly t Temporary" Utilities(or Est of Number of Y "Bedrooms Language Low or and Date f Children r Disabilities Persons c Mo,�e Acquisrtion of Bedrooms Neededsm Needs Moderate z` Moved into _ f u s Costs if Replacement y 1 Unit x Homeowner ,� Unit t 2 1 Very L0,.\ Homeowner 2 0 1 2 Permanent $600 000 3 3 No 1966 2 Above Renter 1 0 0 0 Permanent $800 1 1 No Moderate 2003 �i `� - ti s r I-If 9 s l ` EXHIBIT C HUD INCOME LIMITS - ORANGE COUNTY FF 6 The following figures are approved by the U S Department of Housing and Urban Development (H U D ) for use in the County of Orange to define and determine housing eligibility by income level t Area Median $55,650 Family Extremely Very Low Lower Median Moderate ° Size Low 1 Person 11 700 19 500 31 200 38 950 46 750 2 Person 13 350 22 250 35 650 44,500 53 450 3 Person 15 050 25 050 40 100 50 100 60 100 4 Person 16 700 27,850 44 550 55 650 66,800 a 5 Person 18 050 30 050 48 100 60 100 72 150 6 Person 19 400 32 300 51 700 64 550 77 500 7 Person 20 700 34 500 55 250 69 000 82 850 8 Person 22 050 36 750 �8 800 73 450 88,200 Figures are per the Department of Housing and Community Development (California) Division of 9 Housing Policy Development, February 11, 2005 �9 1 r EXHIBIT D r� RESIDENTIAL INFORMATIONAL BROCHURE t t � �1 �1 �l Q [l a r� r� 0 l � I GENERAL INFORMATION II ASSISTANCE IN LOCATING A REPLACEMENT DWELLING I III MOVING BENEFITS IV REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS V SECTION 8 TENANTS VI REPLACEMENT HOUSING PAYMENT - HOMEOWNERS _t VII QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS i VM LAST RESORT HOUSING ASSISTANCE 5 IX RENTAL AGREEMENT I X APPEAL PROCEDURES - GRIEVANCE XI TAX STATUS OF RELOCATION BENEFITS XII ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE I GENERAL INFORMATION The building in which you now live is in an area to be improved by the City of Huntington Beach (the City) As the project schedule proceeds it will be necessary for you to move from your dwelling You will be notified in a timely manner as to the date by which you must move Please read this information as it will be helpful to you in determining your eligibility and the amount of your relocation benefits under the federal and/or state law We suggest you save this informational statement 1 for reference The City has retained the services of Overland Pacific & Cutler Inc a qualified professional relocation firm to assist you The firm is available to explain the program and benefits Their address and telephone number is Overland, Pacific & Cutler, Inc 24422 Avenida de la Carlota, Suite 275 Laguna Hills, CA 92653 Telephone (800) 901-5263 Spanish speaking representatives are available Si necesita esta informacion en Espanol,por favor/lame a su representanve PLEASE DO NOT MOVE PREMATURELY THIS IS NOT A NOTICE TO VACATE YOUR L] DWELLING However if you desire to move sooner than required you must contact your representative with Overland Pacific & Cutler, Inc so you will not jeopardize any benefits This is a general informational brochure only and is not intended to give a detailed description of either the law or regulations pertaining to the City s relocation assistance program Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you maybe entitled to receive Once the City acquires the property, you will also be required to pay rent to the City Residential Informational Statement Page I =R1 01(6105) II ASSISTANCE IN LOCATING A REPLACEMENT DWELLING i The City through its representatives will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units You are encouraged to actively seek such f housing yourself 6 When a suitable replacement dwelling unit has been found your relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements A decent safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating electrical and plumbing systems Your new dwelling must pass ( inspection before relocation assistance payments can be authorized 1 III MOVING BENEFITS If you must move as a result of displacement by the City you will receive a payment to assist in moving your personal property There are two types of moving payments You have the option of selecting either one of the following types of moving payments A Fixed Moving Payment A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture The payment is based upon a schedule approved by the City, and ranges, for example from$400 for one unfurnished room to$2 150 for eight rooms in a furnished dwelling (For details see the table below) Your relocation representative will inform you of the amount you �YY are eligible to receive if you choose this type of payment Y l xFI�XED MOVING`SCHEDULE'�`CALIFORNIA(effective Jnne�2005) f g Occupant owns furniture Occupant does NOT own furniture 1 room $625 00 1 room $400 00 2 rooms $800 00 each additional room $65 00 3 rooms $1,000 00 4 rooms $1,175 00 5 rooms $1 42500 6 rooms $1 650 00 7 rooms $1 90000 8 rooms $2 15000 each additional room $225 00 If you select a fixed payment you will be responsible for arranging for your own move and the City (@ will assume no liability for any loss or damage of your personal property U B Actual Moving Expense (Professional Move) If you wish to engage the services of a licensed commercial mover and have the City pay the bill you may claim the ACTUAL cost of moving your personal property up to 50 miles Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required and assist you in developing a scope of services for City approval Residential Informational Statement Page ? =R!01(6105) f IV REPLACEMENT HOUSING PAYMENT TENANTS AND CERTAIN OTHERS 1 You may be eligible for a payment of up to $5 250 to assist you in renting or purchasing a comparable replacement dwelling In order to qualify you must either be a tenant who has occupied your present f dwelling for at least 90 days prior to the City's first offer to purchase the property, or an owner who has occupied your dwelling for between 90 and 180 days prior to the City's first offer to purchase the property A Rental Assistance If you qualify, and wish to rent your replacement dwelling your rental assistance benefits will be based upon the difference over a 42 month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or 30% of your gross monthly household C� income You will be required to provide your relocation representative with monthly rent and household income verification prior to the determination of your eligibility for this payment ( g - OR- B Down-payment Assistance If you qualify and wish to purchase a home as a replacement dwelling you can apply up to the total amount of your rental assistance payment towards the down payment and non recumng 1 incidental expenses Your relocation representative will clarify procedures necessary to apply for this payment V SECTION 8 TENANTS When you do move you may be eligible to transfer your Section 8 eligibility to a replacement site As outlined above,you will be provided counseling and other advisory services along with moving benefits In addition the City will pay the cost of any security deposit required to rent a Section 8 approved replacement dwelling unit and will also cover any required credit checks fees VI REPLACEMENT HOUSING PAYMENT HOMEOWNERS A If you owned and occupied a dwelling purchased by the City for at least 180 days prior to the first offer to purchase you may be eligible to receive a payment of up to $22 500 to assist you in purchasing a comparable replacement unit If you owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the date of the City s offer to purchase, you may be eligible for a payment of up to $5 250 This payment is intended to cover the following items I Purchase Price Differential - An amount which, when added to the amount for which the City purchased your property equals the lesser of the actual cost of your replacement dwelling, or the amount determined by the City as necessary to purchase a comparable replacement dwelling Your relocation representative will explain both methods rto you 2 Mortgage Interest Differential - The amount which covers the increased interest costs if any,required to finance a replacement dwelling Your relocation representative will explain limiting conditions Residential Informational Statement Page 3 =R101(6/0.)) 3 Incidental Expenses-Those one time costs incidental to purchasing a replacement unit such as escrow fees recording fees and credit report fees Recurring expenses such as J prepaid taxes and insurance premiums are not compensable B If you are an owner-occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to$5 250 The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling If you receive a rental assistance payment, as described above and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling less the amount you have already received as a rental assistance payment VII QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the later of the following 1 For a tenant the date you move from the displacement dwelling, 2 For an owner-occupant the date you receive final payment for the displacement dwelling or, in the case of condemnation,the date the full amount of estimatediust compensation is deposited in court or 3 The date the City fulfills its obligation to make available comparable replacement dwellings a All claims for relocation benefits must be filed with the City within 18 months from the date on which you receive final payment for your property, or the date on which you move whichever is later VIII LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move or if replacement housing is not available within the monetary limits described above the City will provide Last Resort housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis Last Resort housing assistance is based on the individual circumstances of the displaced person Your relocation representative will explain the process for determining whether or not you qualify for Last Resort assistance If you are a tenant and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and last resort eligibility must be applied toward the down payment of the home you intend to purchase IX RENTAL AGREEMENT As a result of the City's action to purchase the property where you live you may become a tenant of the City fora certain time If this occurs you will be asked to sign a rental agreement which will specify the monthly ( � rent to be paid, when rent payments are due where they are to be paid and other pertinent information e Except for the causes of eviction set forth below, no person lawfully occupying property to be purchased by the City will be required to move without having been provided with at least 90 days written notice from the City Eviction will be undertaken only in the event of one or more of the following infractions Residential lnformationa!Statement Page 4 =R101(6105) N I i ° A Failure to pay rent,except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services, -1 B Performance of dangerous illegal act in the unit, i► C Material breach of the rental agreement and failure to correct breach within 30 days of notice D Maintenance of a nuisance and failure to abate within a reasonable time following notice, E Refusal to accept one of a reasonable number of offers of replacement dwellings or F The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity I X APPEAL PROCEDURES GRIEVANCE ! Any person aggrieved by a determination as to eligibility for a relocation payment or the amount of a payment,may have his/her claim reviewed or reconsidered in accordance with the City s appeals procedure Complete details on appeal procedures are available upon request from the City XI TAX STATUS OF RELOCATION BENEFITS t Relocation benefit payments are not considered as income for the purpose of the Internal Revenue Code of 1986 or the Personal Income Tax Law Part 10 (commencing with Section 17001) of Division 2 of the t Revenue and Taxation Code or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code XII ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home Your cooperation will be helpful and greatly B appreciated If you have any questions at any time during the process please do not hesitate to contact your relocation representative �1 �l rl Residential Informational Statement Page 5 =RI 01(6105) �i ' EXHIBIT E �i PUBLIC COMMENTS AND RESPONSE No public comments were received during the public review period between February 1, 2006 and March 2 2006 k� �1 L� Relocation Grievance Procedures ,� w a T �« a IM,EN2, r * vH z e� i, i i { RELOCATION GRIEVANCE PROCEDURES I Right of Review Any person who believes to be unfairly aggrieved by a determination as to relocation eligibility the amount of payment the failure of the City to provide comparable permanent or adequate temporary replacement housing or the City s property management practices may at their election have their claim reviewed and reconsidered by the City or an authorized designee (other than the person who made the determination in question) II Notification of Decision If the City denies or refuses to consider a claim the City s notification to the claimant of its determination shall inform the claimant of its reasons and the applicable procedures for obtaining review of the decision If necessary to provide the information in the language most easily understood by the recipient such notification shall be printed in a language other than English III Stages of Review A Request for Further Written Information A complainant may request the City to provide him/her with a full written explanation of its determination and the basis for such determination if he/she feels that the explanation accompanying the payment of the claim or notice of the City s determination was incorrect or inadequate The City shall provide such an explanation to the complainant within three (3) weeks of its receipt of their request B Informal Oral Presentation A complainant may request an informal oral presentation before seeking formal review and reconsideration The right to formal review and reconsideration shall not be conditioned upon requesting an informal oral presentation Within fifteen (15) days of the request the City shall afford the complainant the opportunity to make such presentation The complainant may be represented by an attorney or other person of their choosing This oral presentation shall enable the complainant to discuss the relocation claim with the City Administrator or designee (designee must not be the person/relocation firm that made the initial determination) having authority to revise the initial determination on the 1 relocation claim The City shall make a summary of the matters discussed in the oral presentation to be included as part of its file C Formal Review and Reconsideration 1 Request for Review At any time within the period described in [Section IV herein] a complainant may file a written request for formal review and reconsideration by the Deputy City Administrator The complainant may include in the request for review any statement of fact within the complainants knowledge or belief or other material which may have a bearing on the appeal If the complainant requests more time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis for such request the complainant may be granted additional time The Deputy City Administrator shall consider every aggrieved person s complaint regardless of form and shall if necessary provide assistance in preparing the written request for review 2 Notice of Procedures When a complainant seeks review the Deputy City Administrator shall inform him/her that he/she has the right to be represented by an attorney to present their case by oral or documentary evidence to submit rebuttal evidence to conduct such cross-examination as may be required for a full and true disclosure of facts and to seek judicial review once he/she has exhausted administrative appeal 3 Review by Deputy City Administrator The Deputy City Administrator shall promptly hear all complaints brought by aggrieved persons relating to relocation and shall determine if the City has complied with the Relocation Assistance Law and Guidelines these Rules and Regulations and where applicable with federal law and regulations The Deputy City Administrator shall after public hearing transmit his/her findings and recommendations to the City Council including any recommendations for modification of the City s initial determination 2 4 Scope of Review The Deputy City Administrator shall review and consider the initial determination of the City in the complainants case in light of (a) All material upon which the City based its original determination including all applicable rules and regulations except that no evidence shall be relied upon where a complainant has been improperly denied an opportunity to controvert the evidence [or] cross-examine the witness (b) The reasons given by the complainant for requesting review and reconsideration of the claim (c) Any additional written or relevant documentary material submitted by the complainant (d) Any further information which the Deputy City Administrator in his/her discretion obtains by request investigation or research to ensure fair and full review of the claim 5 Findings and Recommendations by Deputy City Administrator The findings and recommendations on review by the Deputy City Administrator shall include (a) The determination of the Deputy City Administrator as to whether the City has complied with State law and where applicable with federal law pertaining to the relocation (b) The recommendations of the Deputy City Administrator including any recommendations for modification of the City s initial determination (c) The factual and legal basis upon which the findings and recommendations rest including any pertinent explanation or rationale (d) A statement to the complainant that the findings and recommendations of the Deputy City Administrator will be transmitted to the City Council for final administrative decision with respect to the claim The findings and recommendations of the Deputy City Administrator shall be in writing and copies thereof shall be provided to the complainant and transmitted to the City Council 3 The Deputy City Administrator shall issue findings and recommendations as soon as possible but no later than three (3) weeks from receipt of the last material submitted for consideration by the complainant or the date of the hearing whichever is later In the case of complaints recommended for dismissal due to untimely submittal or for any other reason not based on the merits of the claim the time limit for issuing the findings and recommendations shall be reduced to ten (10) days 6 Final Determination by City Council (a) Scope of Review After receipt of the written findings and recommendations of the Deputy City Administrator the City Council shall review and reconsider the initial determination of the City on the claim The City Council may but is not required to conduct a hearing de novo with respect to the claim as it deems necessary The complainant shall be given at least ten (10) days written notice prior to the matter being heard The City Council shall base its final decision on the claim upon the record compiled in connection with the proceedings of the Deputy City Administrator and upon the record of the hearing (if any) conducted by the Council (b) Final Determination The final determination on review by the City Council shall include but is not limited to (1) The City Councils decision on reconsideration of the claim (2) The factual and legal basis upon which the decision rests including any pertinent explanation or rationale (3) A Statement to the complainant that administrative remedies have been exhausted if such is the case and that judicial review may be sought The final determination of the City Council shall be in writing and a copy thereof shall be provided to the complainant 4 The City Council shall issue its determination as soon as possible but no later than three (3) weeks from receipt by the City Council of the written findings and recommendations of the Deputy City Administrator In the case of complaints dismissed due to untimely submittal or for any reason not based on the merits of the claim the time limit for issuing such determination shall be reduced to ten (10) days IV Time Limit for Requesting Review Any request for [Informal Oral Presentation or Formal Review and Consideration] shall be filed in writing with the specified reviewing authority within thirty (30) days following the date the complainant receives notice of the decision being appealed Such time limit may be extended for good cause by the City V Stay of Displacement Pending Final Determination If a complainant seeks to prevent displacement the City shall not require the complainant to move until at least twenty (20) days after the City has made its final determination In all cases the City shall notify the complainant in writing at least twenty (20) days prior to the proposed new date of displacement Any complaint seeking to prevent displacement must be brought within thirty (30) days of service by the City of the notice to vacate Such notice to vacate must include notice that any complaint seeking to prevent displacement must be filed within thirty (30) days VI Joint Complainants Where more than one person is aggrieved by the failure of the City to refer them to comparable permanent or adequate temporary replacement housing the complainants may join in filing a single written request for review A determination shall be made as herein provided for each of the complainants VII Right to Counsel Any aggrieved party has a right to representation by legal or other counsel at their expense at any and all stages of the proceedings Vlll Review of Files by Claimant Except to the extent that confidentiality of material is protected by law or its disclosure is prohibited by law the City shall permit the claimant to inspect all files and records bearing upon their claim or the prosecution of the claimants grievance The City may impose reasonable conditions on such right to inspect 5 If a claimant is improperly denied access to any relevant material bearing on the claim such material may not be relied upon in reviewing the initial determination IX Recommendations by Third Party Upon agreement between the claimant and the City a mutually acceptable third party or parties may review the claim and make advisory recommendations thereon to the City for its final determination In reviewing the claim and making recommendations to the City the third party or parties shall be guided by the City s Rules and Regulations X Effect of Determination on Other Persons The principles established in all determinations by the City shall be considered as precedent for all eligible persons in similar situations regardless of whether or not a person has filed a written request for review All written determinations shall be kept on file and available for public review XI Judicial Review Nothing in these Rules and Regulations shall in any way preclude or limit a claimant from seeking judicial review of the claim upon exhaustion of such administrative remedies 6 Site Map A -T k .' Site Map The Garfield/Delaware Intersection Widening Project Rye r ' 1 - t }} \ x ILL � ���\ �....t� � •�t�T'• # �"' ���^ �� �"=�R � r �� Ar spa � � Fill #AV �f#�S�ti 1 vmwa F j Fes. cD rx \m �� rtYs �a ut, INP w _ 'am y'F" x, il f P { C i �� ash f � � Cg ..r a � _ �Iv �y C , NN fps, € r Pe.-e -w VJ L MANV Irk 3u\\\ RCA ROUTING SHEET INITIATING DEPARTMENT Economic Development/Public Works SUBJECT Approve the Garfield/Delaware Intersection Widening Project Relocation Plan and Grievance Procedures COUNCIL MEETING DATE March 20, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Appiicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map Location Map and/or other Exhibits Attached Not Applicable ❑ Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Attached ❑ Subleases Third Party Agreements etc Not Applicable (Approved as to form by City Attorney) Certificates of Insurance roved A b Cit Attached El( pp y the y Attorne y) Not Applicable ❑ Fiscal Impact Statement (Unbudget over $5 000) AttachedNot Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached Staff Report (If applicable) Not Applicable ❑ Commission Board or Committee Report (If applicable) Attached ElNot Applicable Attached Findings/Conditions for Approval and/or Denial Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author HOLTZ(5901)