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Atlanta Avenue Widening Project Relocation Plan Update - Sta
C. 601n ' Dept.ID ED 13-40 Page 1 of 2 Meeting Date: 11/18/2013 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/18/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Travis K. Hopkins, PE, Public Works Director SUBJECT: Approve the Atlanta Avenue Widening Project Relocation Plan Update Statement of Issue: The City Council is requested to approve the Atlanta Avenue Widening Project Relocation Plan Update. In December 2011, the City Council approved the original Atlanta Avenue Widening Project Relocation Plan. However, due to litigation regarding the project, the City was unable to implement the Plan. The litigation is now concluded. State Law requires the relocation plan to be updated in the event of a delay of more than one year in the implementation of the relocation program. Financial Impact: The estimated cost for relocation-related payments is $420,000. Funds for this project have been budgeted and are available from the Master Plan and Arterial Highway Grant Fund, Account No. 96585001.82000. Recommended Action: Approve the Atlanta Avenue Widening Project Relocation Plan Update. Alternative Action(s): Do not approve the Atlanta Avenue Widening Project Relocation Plan Update and direct staff accordingly. Analysis: The Atlanta Avenue Widening Project ("Project") will widen the south side of Atlanta Avenue between Huntington Street and Delaware Street to comply with the primary arterial street classification in the General Plan Circulation Element. Street improvements will provide the ultimate width necessary for an additional through lane and bike lane in each direction of travel. In order to construct the Project, the City must acquire a portion of one parcel located at 80 Huntington Street in Huntington Beach, CA that is currently occupied by the Pacific Mobile Home Park ("Park"). This partial land acquisition will directly impact eight mobile homes (Unit Nos. 101, 102, 201, 301, 302, 401, 501, and 502) located at the northern end of the Park along Atlanta Avenue. On December 19, 2011, City Council approved a Relocation Plan ("Plan") prepared by Overland, Pacific & Cutler, Inc. and Relocation Grievance Procedures to be used in the event that the Project was implemented. The Plan identified the needs and characteristics of the eight mobile home households that would be displaced by the Project and generally described the City's program to provide the displaced with relocation assistance. Item 3. - I RB -36- Dept. ID ED 13-40 Page 2 of 2 Meeting Date: 11/18/2013 State law, however, requires that a relocation plan be updated in the event of a delay of more than one year in the implementation of the relocation program. Consequently, the City contracted with Paragon Partners, Ltd. ("Paragon") to prepare the required Relocation Plan Update ("Plan Update") and to implement the City's relocation program for the Project. The primary purpose of this Plan Update is to provide the most current information available based on changes that may have occurred in the Park, the Huntington Beach real estate market, and/or the relocation law and guidelines since the original Plan was approved. To this end, Paragon relocation agents and mobile home appraisers have interviewed all of the directly impacted mobile home households to assess their relocation needs in relation to the current availability of replacement housing. Notable changes that have occurred since the original Plan was approved include the following: 1. The Park has changed ownership. 2. Three of the eight mobile homes that will be directly impacted (Unit Nos. 101, 102, and 301) have changed ownership. The new owners have been provided with the required General Information Notice. 3. One of the mobile homes that will be directly impacted (Unit No. 101) is owned by the Park owner and was vacant as of the date of this Plan Update. 4. The total budget estimated for relocation-related payments increased from $240,000 to $420,000. The increased cost is a function of the improving real estate market and availability of comparable units. Staff presented the Plan Update to the Mobile Home Advisory Board ("MHAB") on September 23, 2013. Additionally, in conformance with State relocation guidelines, all residents that may be displaced by the Project were provided with a notification letter and a copy of the Draft Plan Update on October 1, 2013. The notification letter indicated that the Draft Plan Update for the Project was available for a 30-day public review and comment period. To date, three public comments were received and have been included along with the City's responses as Exhibit E of the Plan Update. If the Plan Update is approved by the Council, staff will direct Paragon to proceed with the negotiations to acquire the eight (8) impacted mobile homes and relocate the affected mobile home households in order to implement the Project. Concurrently, Paragon will negotiate with the owner of Pacific Mobile Home Park for the partial land acquisition and the temporary construction easement area. The previously approved Relocation Grievance Procedures shall remain valid and in effect throughout the relocation process. A copy of these procedures is attached for reference purposes. Environmental Status: Not required for this action. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Atlanta Avenue Widening Project Final Relocation Plan Update 2. Relocation Grievance Procedures (Approved December 19, 2011) 3. Site Map HB -37- Item 3. - 2 � ATTACHMENT # 1 it 11 PARAGON PARTNERS L TD Atlanta Avenue WideningProject Relocation Plan Update Prepared for: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5544 Prepared by: Paragon Partners, Ltd. 5762 Balsa Ave., Suite 201 Huntington Beach, CA 92649 (714) 379-3376 September 30, 2013 Item 3. - 3 HB -38- TABLE OF CONTENTS EXECUTIVE SUMMARY i II. ASSESSMENT OF RELOCATION NEEDS (2013 UPDATE) 1 A. Survey Method 1 B. Field Survey Data 1 1. Current Occupants 1 2. Replacement Housing Needs 1 3. Income 1 4. Ethnicity/Language 1 5. Senior/Handicapped Households 1 6. Preferred Relocation Areas 1 III. RELOCATION RESOURCES (2013 UPDATE) 2 A. Methodology 2 B. Replacement Housing Availability 2 1. Mobile Homes for Sale 2 2. Pad Space Rent 2 3. Summary 2 IV. THE RELOCATION PROGRAM(2013 UPDATE) 3 B. Relocation Benefits 3 1. Residential Moving Expense Payments 3 b. Fixed Payment 3 3. Space Rent Differential Payment 3 V. ADMINISTRATIVE PROVISIONS (2013 UPDATE) 4 A. Notices 4 F. Projected Date of Displacement 4 G. Estimated Relocation Costs 4 LIST OF TABLES(2013 UPDATE) Table 3: Availability and Cost of Replacement Housing for Sale 2 Table 4: Schedule of Fixed Moving Payments 3 LIST OF EXHIBITS (2013 UPDATE) Exhibit B: General Information Notice Exhibit C: HUD Income Levels—Orange County Exhibit D: Residential Informational Brochure Exhibit E: Public Comments and Responses(to be included in Final Plan Update) APPENDIX 1: Relocation Plan approved December 19, 2011 HB -39- Item 3. - 4 EXECUTIVE SUMMARY The Atlanta Avenue Widening Project ("Project") will widen the south side of Atlanta Avenue between Huntington Street and Delaware Street to comply with the primary arterial street classification in the General Plan Circulation Element. Street improvements will provide the ultimate width necessary for an additional through lane and bike lane in each direction of travel. In addition, the Project will include clearing and grubbing, the construction of asphalt concrete roadway, striping, curb, gutter, sidewalk, an 8-foot tall concrete block wall atop a variable height (7- foot maximum) retaining wall, landscaping, reconstruction of a 24-foot wide on-site circulation road and emergency accesses within the adjacent mobile home park, and utility and fire hydrant adjustment and relocation. In order to construct the Project, the City must acquire a portion of one parcel located at 80 Huntington Street in Huntington Beach, CA that is currently occupied by the Pacific Mobile Home Park ("Park"). This partial land acquisition will directly impact eight mobile homes (Unit Nos. 101, 102, 201, 301, 302, 401, 501, and 502) located at the northern end of the Park along Atlanta Avenue. On December 19, 2011, the City of Huntington Beach ("City") approved a Relocation Plan ("Plan") prepared by Overland, Pacific & Cutler, Inc. to be used in the event that the Project was implemented. The Plan identified the needs and characteristics of the eight mobile home households that would be displaced by the Project, and generally described the City's program to provide the displacees with relocation assistance. State law, however, requires that a relocation plan be updated in the event of a delay of more than one year in the implementation of the relocation program. Consequently in May 2013, the City entered into a contract with California Property Specialists, Inc. ("CPSI") to prepare the required Relocation Plan Update ("Plan Update"). Subsequently, CPSI was acquired by Paragon Partners, Ltd. ("Paragon"), to whom the City has assigned responsibility for the preparation of this Plan Update and,ultimately, the implementation of the City's relocation program for the Project. The primary purpose of this Plan Update is to provide the most current information available based on changes that may have occurred in the Park, the Huntington Beach real estate market, and/or the relocation law and guidelines since the original Plan was approved. To this end, Paragon relocation agents and mobile home appraisers have interviewed all of the directly impacted mobile home households to assess their relocation needs in relation to the current availability of replacement housing. Notable changes that have occurred since the original Plan was approved include the following: 1. The Park has changed ownership. 2. Three of the eight mobile homes that will be directly impacted(Unit Nos. 101, 102, and 301) have changed ownership, and the new owners have been provided with the required General Information Notice. 3. One of the mobile homes that will be directly impacted (Unit No. 101) is owned by the Park owner and was vacant as of the date of this Plan Update. i Item 3. - 5 HB -40- In order to address these and other changes,pertinent sections and exhibits of the Plan(see Appendix 1)have been updated as summarized below and described further in this Plan Update: • Project Description(SECTION I)—No changes • Assessment of Relocation Needs (SECTION II) — Updated to reflect the current occupancy and replacement housing needs of the mobile home households that will be directly impacted by the Project. • Relocation Resources (SECTION III) — Updated to reflect the current availability and cost of replacement housing resources, including mobile home pad space rent costs. • The Relocation Program(SECTION IV)— Updated Relocation Benefits section to reflect the current Schedule of Fixed Moving Payments (Table 4), and eligibility requirements related to the Space Rent Differential Payment. • Administrative Provisions (SECTION V) — Updated to reflect the most current projected date of displacement and the estimated relocation budget. • General Information Notice (EXHIBIT B) — Notice provided to 2 new mobile home households that have moved into the Park since the original GINS were provided in 2011. • HUD Income Levels (EXHIBIT C) — Updated to reflect 2013 income level information in Orange County as published by the U.S. Department of Housing and Urban Development. • Residential Informational Brochure (EXHIBIT D) — Updated to include contact information for Paragon relocation staff, as well as the current Schedule of Fixed Moving Payments published by the Department of Transportation. It is important to note that, unless otherwise noted in this Plan Update, the information contained within each section of the originally approved Plan remains unchanged. That is to say, the Plan Update contains only the updated information within each section of the original Plan,and is not intended to replace the originally approved Plan in its entirety. ii HB -41- Item 3. - 6 II. ASSESSMENT OF RELOCATION NEEDS (2013 UPDATE) A. SURVEY METHOD In August 2013, Paragon staff conducted personal interviews with all of the potentially displaced residents from the seven mobile home households (Unit Nos. 102, 201, 301, 302, 401; 501, and 502) that will be directly impacted by the Project. Although an eighth mobile home (Unit 101) will also be directly impacted by the Project,this mobile home was vacant as of the date of this Plan Update. B. FIELD SURVEY DATA 1. Current Occupants There are seven residential households that will be displaced by the Project. As stated above, there is also one vacant unit that will be impacted, which is owned by the Park owner. At the time of the interviews, the households consisted of 13 adults and no children (17 years or younger). The households all currently own and occupy mobile homes within the Park. 2. Replacement Housing Needs Based upon the most current appraisal reports, the replacement dwellings required for the Project occupants include: one one-bedroom mobile home for sale, five two-bedroom mobile homes for sale, and one three-bedroom mobile home for sale. 3. Income Information regarding gross household income was provided by all seven households that will be directly impacted by the Project. According to the 2013 income standards for the County of Orange (Exhibit C) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD), four households qualify as Very Low Income (31% - 50% of area median income), two households qualify as Lower Income (51% - 80% of area median income), and one household qualifies as median income. 4. Ethnicity/Language All seven households reported "White" as their ethnicity. All households stated English is their primary language. 5. Senior/Handicapped Households Due to changes in ownership since the original Plan was prepared, only two households currently have senior members(62 years or older)that will be displaced by the Project. 6. Preferred Relocation Areas All seven households expressed a preference to remain in the Huntington Beach area, if not within the Park itself, in order to maintain current access to employment,medical facilities, family, and the beach. Four available and comparable mobile home units within the Park have been identified by the resource survey, and are included in the data shown in Table 3. While there may be an opportunity for some of the displaced households to remain within the Park, other households may need to be permanently relocated from the Park. 1 Item 3. - 7 HB -42- 111. RELOCATION RESOURCES (2013 UPDATE) A. METHODOLOGY On August 22, 2013, an updated survey of housing resources was conducted to identify available mobile home units for sale in Huntington Beach. The following sources were utilized: - Classified listings from local newspapers and For Sale publications - Contacts with real estate/property management companies serving the community -Internet sources, including the MLS (Multiple Listing Service) B. REPLACEMENT HOUSING AVAILABILITY 1. Mobile Homes for Sale All mobile homes listed for sale and located in the City of Huntington Beach were surveyed. The results of the updated survey of housing resources are summarized in Table 3 below. a ABLE 3 Avau-i"Ity and C©st of Replacement 1lousing Fo aie c Bedroom Size One Two Three #Found(#needed) 5 (1) 14(5) 4(1) List Price Range $34,500- $95,000 $43,000-$129,900 $129,000 -$164,000 Average Price $64,380 $81,993 $139,475 2. Pad Space Rent While surveying for mobile homes for sale, pad rents were considered where available. The range of pad rents of available mobile homes for sale was between $800 and $1,800 with an average rent of $1,213 per month. 3. Summary The updated survey data still indicates that there are adequate numbers of replacement housing units to accommodate the seven mobile home households that will be displaced by the Project. 2 11B -43- Item 3. - 8 IV. THE RELOCATION PROGRAM (2013 UPDATE) The City has retained Paragon to administer the Relocation Program. City staff will monitor the perfonnance of Paragon and be responsible to approve or disapprove Paragon's recommendations concerning eligibility and benefit determinations and interpretations of the City's policy. B. RELOCATION BENEFITS 1. Residential Moving Expense Payments b. Fixed Payment(based on Room Count Schedule) The schedule for fixed moving payments has been updated and is set forth in Table 4 below: a Ja MWO & oing T BSthdue f e sE Unfurnished Dwellingw One room $685 Two rooms $880 Three rooms $1 100 Four rooms $1 295 Five rooms $1 570 Six rooms $1 815 Seven rooms $2 090 Eight rooms $2 365 each additional room $250 Furnished Dwelling First Room $450 Each additional room IS85 3. Space Rent Differential Payment Given the recent change in ownership of three of the eight mobile homes that will be directly impacted by the Project, it is important to note that an owner occupant must have occupied the space at least 90 days prior to the initiation of negotiations to be eligible for this payment. 3 Item 3. - 9 HB -44- V. ADMINISTRATIVE PROVISIONS (2013 UPDATE) A. NOTICES In August 2013, Paragon staff provided General Information Notices to the two new households that recently moved into mobile homes within the Park that will be directly impacted by the Project. F. PROJECTED DATE OF DISPLACEMENT The City anticipates that Notices to Vacate will be issued no earlier than spring 2014. G. ESTIMATED RELOCATION COSTS The total budget estimated for relocation-related payments for this Project, including a 10% contingency, is $420,000. This represents an increase in the relocation budget estimated in the originally approved Plan. This increase is primarily due to an escalation in mobile home prices and pad space rents since the original Plan was prepared. The budget is based on the displaced owners selling their current mobile homes and purchasing replacement dwellings. As in the original Plan, the estimated relocation budget does not include any payments related to land acquisition or the acquisition of the mobile homes. In addition, the budget does not consider the cost of any services necessary to implement the Plan Update and complete the relocation element of the Proj ect. In the event the proposed Project is implemented, and circumstances arise that should change either the number of residential occupants, or the nature of their activity, the City may need to authorize additional funds. The City Council approved the Capital Improvement Program on September 3, 2013, which appropriated the funding for this Project necessary to meet the City's obligation under the relocation guidelines. 4 Hs -45- Item 3. - 10 EXHIBIT B GENERAL INFORMATION NOTICE (2013 UPDATE) Item 3. - 11 HB -46- PARAGON PARTNERS LTD GENERAL INFORMATION NOTICE Date Name 80 Huntington Street, Space xxx Huntington Beach, CA 92648 Dear(Name): The City of Huntington Beach ("City") may be interested in acquiring a portion of the property you currently occupy at 80 Huntington Street, Space xxx in the event a street widening project, the"Atlanta Avenue Widening Project" (Project), moves forward. If it is necessary for the City to acquire your property in the form of a mobile home coach, and you are displaced, you will be eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), and California Relocation Assistance Law(Sec 7260 et. seq. of the CA Government Code). IN NO EVENT DOES THIS LETTER SUGGEST AND IT SHOULD NOT BE INTERPRETED IN ANY WAY THAT THIS PROJECT IS GOING FORWARD OR THAT YOU ARE REQUIRED TO RELOCATE AT THIS TIME. This is not a notice to vacate the premises or a notice of relocation eligibility BUT IS NOTICE THAT THE CITY IS PREPARING A RELOCATION PLAN UPDATE("PLAN UPDATE")AND AS SUCH,IS PROVIDING NOTICE THAT YOU MAY BE INTERVIEWED. The City has retained the professional firm of Paragon Partners Ltd. (Paragon) to represent and assist the City regarding this project. In the event the project moves forward, the City is preparing a Plan Update in order to assess and better plan for the relocation needs in the event a household is displaced. In order to prepare this Plan Update, Paragon staff would like to meet with you to assess your individual relocation needs. It is important that the City understands your individual housing needs and situation, to develop a proper Plan Update. Paragon staff will be available to answer your immediate questions regarding any relocation process that may take place. Please call the relocation consultant identified below to make an appointment that is convenient for you. Georgia Marquis (714)379-3376 Again, this notice is preliminary and sent to you as a State and Federal legal requirement. If you pay rent, you should continue to pay your monthly rent. Failure to pay rent and meet your obligations as a tenant may be cause for eviction and loss of relocation assistance. Please contact us before you make any plans to sell or relocate, as such a decision may affect eligibility to receive relocation assistance in the event the project moves forward. HB -47- Item 3. - 12 If the project moves forward, and you are eligible for relocation assitance, the City will provide you with additional assistance, including referrals to replacement housing and at least 90 days advance written notice of the date by which you will be required to move. You would also receive a payment for moving expenses and may be eligible for financial asisntance to help you rent or buy a replacement dwelling. Note that purusuant to Public Law 105-117, aliens not lawfully present in the United States are not eligible for relocation assistance, unless such ineligiblity would result in exceptional hardship to a qualifying spouse, parent, or child. All persons seeking relocation assistance will be required to certify that they are a United States citizen or national, or an alien lawfully present in the United States. If you have any questions about this or any other relocation issues, please contact me at the address and phone number below. Sincerely, Georgia Marquis Director of Acquisition/Relocation Paragon Partners,Ltd. 5762 Bolsa Ave., Suite 201 Huntington Beach, CA 92649 (714) 379-3376 Delivered on/by: / Received by X Posted on/by: / Recipient's Signature Mailed/receipt received on: / Date Item 3. - 13 HB -48- EXHIBIT C HUD INCOME LEVELS - ORANGE COUNTY (2013 UPDATE) Area y Wnc MediaWorine: $87,200 ' Family Size Extremely Very Low Lower Median Moderate Low 1 Person $201250 $33,750 $53,950 $61,050 $73,250 2 Person $23,150 $38,550 $61,650 $69,750 $83,700 3 Person $26,050 $43,350 $69,350 $78,500 $94,200 4 Person $28,900 $48,150 $77,050 $87,200 $104,650 5 Person $31,250 $52,050 $83,250 $94,200 $113,000 6 Person $33,550 $55,900 $89,400 $101,150 $121,400 7 Person $35,850 $59,750 $95,550 $108,150 $129,750 8 Person $38,150 $63,600 $101,750 $115,100 $138,150 Figures are per the U.S. Department of Housing&Urban Development 2013 Income Limits 1413 -49- Item 3. - 14 EXHIBIT D RESIDENTIAL INFORMATIONAL BROCHURE (2013 UPDATE) Item 3. - 15 uB -50- elocatidFn� slstanc Oi orn ati` n"al Statement for ft "Woo and Inl l Ile" (Federal) Displacing Agency:,, City of Huntington Beach Project Name: Atlanta Avenue Widening Project Georggia Marquis Director of Acquisit =Relocation Paragon Partners, Ltd. (714) 379-3376 (phone) (714) 373-1234 (fax) e-mail: marguuiskparagon-partners.com Informational Statement Content: 1. General Information 2. Assistance in Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment -Tenants And Certain Others 5. Section 8 Tenants 6. Replacement Housing Payment - Homeowners 7. Qualification For and Filing of Relocation Claims 8. Last Resort Housing Assistance 9. Rental Agreement 10. Evictions 11. Appeal Procedures Grievance 12. Tax Status of Relocation Benefits 13. Legal Presence Requirement 14. Non-Discrimination and Fair Housing 15. Additional Information And Assistance Available Paaa � HB -51_ Item 3. - 16 f�rrnat�®>l�al tt ent f .r Fam Is (Federal) 1.GENERAL INFORMATION The dwelling in which you now live is in a project area to be improved by the City of Huntington Beach(City) using federal funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. 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 the relocation benefits you may receive under the federal law.You will need to provide adequate and timely information to determine your relocation benefits.The information is voluntary,but if you don't provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The City has retained the professional firm of Paragon Partners Ltd. to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However,if you desire to move sooner than required,you must contact your representative with Paragon Partners Ltd. 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 Displacing Agency'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 may be entitled to receive. Once the City acquires the property, you will also be required to pay rent to the City. 2.ASSISTANCE IN LOCATING A REPLACEMENT DWELLING 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 housing yourself. 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. 3.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. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods: • A Fixed Moving,Payment based on the number of rooms you occupy(see below);or • A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills or a combination of both, in some cases. Page 2 Item 3. - 17 HB -52- For example, you may choose a Self Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below,plus contract with a professional mover. A. Fixed Moving Payment(Self Move) �Fixed ovfh� dnkr ,'. A Fixed Moving Payment is based upon the number of rooms California(Effectiv,' 613) you occupy and whether or not you own your own furniture. Occupant owns furniture: The payment is based upon a schedule approved by the City, 1 Room $ 685 and ranges, for example, from $450 for one furnished room to 2 Rooms $ 880 $2,365 for eight rooms in an unfurnished dwelling. (For details 3 Rooms $ 1,100 see the table).Your relocation representative will inform you of 4 Rooms $ 1,5 295 Rooms $ 1,570 295 the amount you are eligible to receive, if you choose this type 5 Rooms $ 1, of payment. 7 Rooms $2,090 8 Rooms $ 2,365 If you select a fixed payment, you will be responsible for Each additional room $ 250 arranging for your own move, and the City will assume no Occupant does NOT own furniture: liability for any loss or damage of your personal property. A 1 Room $ 450 fixed payment also includes utility hook-up, credit check and Each additional room S 85 other related moving fees. B. Actual Moving Expense(Commercial 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"mover" scope of services for City approval. 4.MOBILEHOME TENANTS AND CERTAIN OT DEERS-REPLACEMENT HOUSING PAYMENT You may be eligible for a payment up to $5,250 to assist in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied the present dwelling for at least 90 days immediately prior to the initiation of negotiations or an owner who has occupied the present dwelling between 90 and 180 days immediately prior to the initiation of negotiations. A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over a forty-two(42)Month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent(3001o) of your monthly household income if your total gross income is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for Public Housing and Section 8 Programs. 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. -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- recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for this payment. PA OP � HB -53- Item 3. - 18 5. SECTION 8 TENANT'S When you do move,you may be eligible to transfer your Section 8 eligibility to a replacement site.In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation representative will provide counseling and other advisory services along with moving benefits. 6. MOBILEHOME HOMEOWNERS-REPLACEMENT HOUSING&MOVING. PAYMENTS A. Replacement Housing Option - If you own and occupy a mobile home to be purchased by the City for at least 180 days prior to the initiation of negotiation, you may be eligible to receive a payment of up to $22,500 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the City purchased your mobile home, 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 to 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. 3. Incidental Expenses - Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - 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 the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between the fair market rent o f 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. C. Space Rent Differential-If you decide to purchase another mobile home or move your mobile home, you may be eligible for additional assistance to cover any increased space rent at the facility to which you relocate. Your maximum rental assistance benefits will be based upon the difference over a forty- two (42) month period between the rent and estimated utilities you must pay for a comparable replacement dwelling(as determined by the City) and the lesser of your current rent and average utilities or thirty percent(30%)of your gross monthly household income(if your household income is classified as "low income" by the U. S. Department of Housing and Urban Development's Annual Survey of Income Limits for the Public Housing and Section 8 Programs). Item 3. - 19 1413 -54- Page 4 This space rent differential payment may be used to lease a replacement site; may be applied to the purchase price of a replacement site; or may be applied, with any replacement housing payment attributable to the mobile home, to the purchase of a replacement mobile home or conventional "decent, safe and sanitary" dwelling. D. Moving Option- If your coach is movable and you elect to have the City move your coach to another park,the City will pay for the following: 1. Preparation of your coach for moving; 2. Transport of your coach to a new site(within 50 miles); 3. Set-up of your coach at the new location (including code required modifications such as earthquake strapping); 4. Reconstruction or reinstallation of all appurtenances such as porches, awnings and/or storage buildings which are not acquired; 5. Payment of all fees for reinstallation; 6. Space Rent Differential, as described above; and 7. Other expenses which the City deems to be reasonable and necessary. NOTE: The cost of replacing landscaping and hardscape improvements is not covered. 7. QUALIFICATION FOR,AND FILING OF,RELOCATION CLAIMS To be eligible for a replacement housing payment described above, you must purchase or rent and occupy a decent, safe and sanitary replacement dwelling within 12 months from the later of the following dates: 1)the date the City has paid the Acquisition cost of your current dwelling,or 2)the date the first comparable replacement dwelling referral has been made available to you You must also file all claims for replacement housing or moving payments within 18 months from the later of the following dates: I)the date which you moved from your displacement dwelling,or 2)the date the City has paid the Acquisition cost of your current dwelling Failure to occupy the replacement dwelling or to submit claims within the above time limits could result in loss of moving and/or replacement housing benefits. 8.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. P. G HB -55- Item 3. - 20 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 and eligible incidental expenses of the home you intend to purchase. 9.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. 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. 10. EVICTION Eviction for cause must conform to applicable State and local law.Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be entitled to relocation benefits,unless the City determines that: • The person received an eviction notice prior to the initiation of negotiations and, as a result, was later evicted; or • The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease; and • The eviction was not undertaken for the purpose of evading relocation assistance regulations. Except for the causes of eviction set forth above, 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. 11. APPEAL PROCEDURES-GRIEVANCE Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the City's Relocation Assistance Program may have the appeal application reviewed by the City in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the City. 12. TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law,Part 10(commencing with Section 17001) of Division 2 of the 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. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part(Part 24)shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been re-designated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used,for the purpose of(i)avoiding tax-relatedpenalties under the Internal Revenue Code or(ii)promoting, marketing or recommending to another party any matters addressed herein). Page 6 Item 3. - 21 Hr -56- 13. LAWFUL PRESENCE REQUIREMENT In order to be eligible to receive relocation benefits in federally-funded relocation projects, all members of the household to be displaced must provide information regarding their lawful presence in the United States. Any member of the household who is not lawfully present in the United States or declines to provide this information may be denied relocation benefits, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the City to negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the US. 14. NON-DISCRIMINATION AND FAIR HOUSING No person shall on the grounds of race,color,national origin or sex,be excluded from participation in,be denied the benefits of, or be subjected to discrimination under the City's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964,Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti-discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the City. 15. 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 appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation representative. HB -57- Item 3. - 22 EXHIBIT E PUBLIC COMMENTS AND RESPONSES (2013 UPDATE) Item 3. - 23 xs -58- COMMENT LETTER #1 By Bogen Savoie, Jr. (Received October 12, 2013) xB -59- Item 3. - 24 October 12, 2013 To: Mr. Luis Gomez, Real Property Agent,City of HB Economic Development Dept. Sub ect: Space 502's comments on Atlanta Avenue Widening Project Relocation Plan Update (Draft) Dear Mr. Luis Gomez, In regards to this Updated Plan draft, I would like to point out a discrepancy from Overland Pacific& Cutler's original plan dated 11/21/11 to Paragon Partners' Update draft dated 9/30/13. Under Section 111, Part B,Table 3,the 1st Plan lists my home on Space 502 as a 4-Bedroom home while the Updated Plan lists it as only a 3-Bedroom home. The 4-Bedroom home as listed in the original Plan Is more correct. i am not currently using my 4th room as a bedroom however it does have an old built in bed plus the remains of an old closet. It was the bedroom of the oldest of the 3 children of the last owners. it should still be counted as a bedroom or at least a Den. The solution to this is to adjust the Table 3 Update draft to match the original Table 3 Plan by replacing the 3 bedroom with the 4 bedroom Size. I am interested in replacing my 4-bedroom home with a 3-bedroom home but I would like the City's purchase offer to be for my correct Bedroom size home which is 4. 1 don't understand why the size of my home changed, my home is still the same and both Plans even used the same appraisers. There are a couple of other problems that i have with this Updated Plan draft. Both problems are in the Informational Statement Content. The 1st problem is that the maximum amount($5,250) in section 4 (Replacement Housing Payment) is not enough to cover 42 months.The Park has changed hands and the new owners are jacking the rents up for new buyers. i estimate my space rent will increase between $200 and$300 per month when I relocate. For 42 months,that comes to between $8,400 and$12,600. That's a whole lot more than the$5,250 that your plan is offering. The solution is to raise the amount in section 4 to a more acceptable amount of rental assistance. The 2"d problem is that the maximum amount($22,500) in section 6(Replacement Housing Payment)could easily not be enough. What if when I add what the City purchases my place for and the$22,500 in section 6 together and I do not have enough to actually replace my home with a comparable replacement dwelling? Also, when I consider the fact that the City's Updated Plan draft changed my home from a 4-Bedroom size to a 3-Bedroom size, I have a big problem with understanding exactly what you consider to be my comparable replacement dwelling. By changing my home from a 4-bedroom to a 3-bedroom,you could under compensate me for my place thereby making the maximum amount of section 6 not enough for my comparable replacement dwelling. No solution to section 6 is necessary if I am compensated adequately for my 4-Bedroom home with the city's purchase offer. The City wants to take away the dream home that I bought for my retirement. My unique home has no comparable replacement dwelling but i understand the need for the widening and will work with you if you treat me equitably. Respectfully, Roger Savoie Jr., retired civil servant with 34 years of federal service 80 Huntington St.Space 502, Huntington Beach CA 92648 Item 3. - 25 xB -60- 5 Jit T v", ry R ,4 v W1, . . ........ -LETTER#1 MMENT RESPONSE TO CO A r�- K7 ............ ............. ..................... of Q "Ah ....e . ........... R RM, HB -61- Item 3. - 26 'Ir 3>1 City ®f Huntington Beach ® 2000 Main Street, Huntington Beach, California 92648-2702 OFFICE OF BUSINESS DEVELOPMENT ® Business Development — Housing — Successor Agency - Real Estate e ,,,;,►? 714.536.5582 www.hbbiz.com fax 714.375.5087 e November 7, 2013 Roger Savoie 80 Huntington St., Space #502 Huntington Beach, CA 92648 Re: Pacific Mobile Home Park—Atlanta Avenue Widening Project, Relocation Plan Update, Response to Comment Letter Dear Mr. Savoie: Thank you for taking the time to review the draft Relocation Plan Update ("Plan Update") and submitting your written comments. Since you will be directly impacted by the Atlanta Avenue Widening Project, it is important for you to be engaged in the relocation process. We sincerely appreciate your efforts to be proactive as it relates to your relocation. This letter is intended to address the specific concerns included in your comment letter dated October 12, 2013 regarding the draft Plan Update. In your letter, you pointed out "a discrepancy from the Overland Pacific & Cutler's original plan dated 11/21/11 to Paragon Partners' Update draft dated 9/30/13" in relation to the bedroom count of your home. Paragon Partners determined the bedroom count of your home based on the appraisal reports. Both the original appraisal and the updated appraisal identify your home as having three bedrooms and a den. In order to qualify as a bedroom, a room must have a built- in closet, which your purported fourth bedroom does not (it has the "remains of an old closet"). Hence, the room was designated by the appraiser as a den, which is it's current use. Should you still believe this to be an inaccurate determination, please provide evidence that your fourth room meets the definition of a bedroom. Currently, your relocation benefit calculation will be based on the price of a comparable mobile home with three bedrooms and a den. If a three-bedroom unit with a den is not available, it may indeed necessitate the use of a four-bedroom unit in the benefit calculation. In any event, all of the rooms you currently have will be factored into your replacement housing payment calculation. Item 3. - 27 HB -62- Regarding your comment that the rental assistance limit of $5,250 and the replacement housing limit of $22,500 are inadequate, please refer to the draft Plan Update, Exhibit D, Section 8 entitled, "Last Resort Housing Assistance." This section states that "... 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." I will also refer you to Section IV E of the originally approved Relocation Plan, again entitled, "Last Resort Housing." These sections specify that additional funds will be available to displaced persons to ensure that comparable replacement housing is available, even if the actual rental and purchase prices result in calculations that exceed the $5,250 and $22,500 limits, respectively. Of course, these payments must be based on expenses actually incurred (or to be incurred). If you have any additional questions, please do not hesitate to contact me. You can reach me by phone at (714) 536-5544 or via email at luis.gomez@surfcity- hb.org. Sincerely, S ie5-- Luis Gomez Real Property Agent HB -63- Item 3. - 28 s COMMENT LETTER #2 By Rod & Cindra Stolk m (Received October 159 2013) z Item 3. - 29 xB -64- RESPOSE TO DRAFT RELOCATION PLAN UPDATE City of Huntington Beach, Atlanta Widening Project Submitted by Rod & Cindra Stolk, Space 302 Pacific Mobile Home Park October 15, 2013 City of Huntington Beach Economic Development Attn: Luis Gomez Luis, After review of the updated draft relocation plan for Atlanta widening, I need to bring to your attention some issues /flaws that are inherent to the plan, and if implemented, would allow the city to drastically reduce the quality of our housing and lives as a result of the pending forced relocation. Section II, "Assessment of Relocation Needs". In the original plan, replacement housing is based on the following criteria: "Replacement housing needs, as expressed in this Plan, are defined by the total number of required replacement units and distribution of those units by bedroom size" This same premise is the basis in the current updated report. Essentially, this states, we have 8 homes to replace, and they have between 1 and 3 bedrooms, we will replace with a home with the same amount of bedroom space. Of course, we need the same number of rooms we have now, however there is much more than MUST be considered for our relocation requirements. We strongly disagree with this premise as the sole/ primary basis for replacement housing. If this is the primary criteria, it's absolutely flawed, and is extremely unfair. In our case, the features and amenities of our home, such as location in the City itself, the location in the park, our lot size, and the specific functional and inherent design features, of our home that are directly related to the quality and functionality of our housing, must be considered in this relocation plan. We were very deliberate and particular about the purchase of our home...we watched the park for several years for a unit to become available for sale that met our needs for our retirement housing. Our residence has an oversized lot, (one of the largest in the park), that provides us very nice yard and patio space. Our home has an addition that is built with traditional construction methods for residential housing with a concrete foundation and wood framing and structure. This addition provides more square footage of living space than the actual mobile home. It has an enclosed garage, it is an end unit, with no other homes on one side which gives an extremely desirable sense of privacy and convenience—it is not exposed to or in the primary traffic pattern of the park, and has park landscape and greenbelt as our xB -65- Item 3. - 30 specific view and park border next to our home and yard. In addition, this unit and lot size allows us substantial storage space, and extremely convenient and practical parking, with parking spaces that allows for 2 cars to both come and go independent of each other, (this is a huge "plus" relative to the typical residence parking in the park, that requires cars to be parked one in front of the other, with only a single entrance /exit for both cars), basically, overall much more living space, and substantially higher quality and convenience of everyday living than the vast majority of the homes in the park. The location and features of our home make our home like a traditional "real" house. It actually compares nicely to most of the "real" homes in the surrounding area, and in many ways, it's superior. Our privacy, parking, floor plan, home features, surrounding density, yard space, serenity, safety, and security can be considered superior to much of the housing outside the park in the surrounding area. This is not an accident, as we made very specific purchase decisions based on these features and amenities, and they do provide for a substantially enhanced living experience for our life style and our family relative to the vast majority of homes in Pacific Mobile Home Park. Our home is indeed unique, and is well recognized in the park as such, and as "the best unit in the park". We will not agree that relocating us in any other home in our park or any other park that simply meets the "bedroom size" or"replacement housing" criteria as defined is acceptable....it is not. We should not have to downgrade our living arrangements and lifestyle in order to provide the city our home under these horrible circumstances. We even have received comments from park management referencing that our home should be replaced with a condo or townhome..... Section III, Relocation Resources Bottom line summary in this section, --it simply states there are many mobile homes available in Huntington Beach that are for sale, and meet the criteria for relocation, the updated report states: "there are adequate numbers of replacement housing units to accommodate the seven mobile home households that will be displaced by the Project." This is not correct for our circumstances. We are aware of the available units, there are not currently any units that will accommodate our housing needs, or could be considered adequate replacement housing for our home. Yes, there are mobile homes for sale in the City of Huntington Beach, and yes, there are units available for sale in Pacific Mobile Home Park, HOWEVER according to our knowledge of what is currently available for sale in Pacific Mobile home park, the units are far substandard to our unit from multiple perspectives. In addition, the location and rent discrepancies of the next closest mobile home park to PMHP are not acceptable to us. It seems fair, and logical, that under the circumstances, the City needs to consider other housing, such as condominiums that are located just adjacent to Pacific Mobile home park, or replacing the units that are for sale in the park with a new unit, that would offer the same quality and functionality of housing we currently have. Item 3. - 31 HB -66- It seems so unfair for the City to force us into housing and modified living circumstances and lifestyle that is substandard to what we currently have. This is not the intent or spirit of the laws that are supposed to protect citizens in situations like this. I respectfully and sincerely request the City modify the relocation plan to include provisions that take into consideration the existing physical and functional aspects of our home as I have noted, as well as provisions that do not allow the City to downgrade our housing, or to accept and allow in this plan, housing that is substandard to what we currently have. If we have a yard, we should get a yard. If we have a garage, we should get a garage, if we have flexible, unique two car parking, we should get that, if we have privacy and security, we should get that. This seems like such common sense, however, the plan in its current form does not consider any of these items, and in our instance, would have a substantial negative impact on us, and would provide us with housing that is definitely inferior, and impractical from multiple perspectives to what we have worked so hard to obtain. Rod & Cindra Stolk Pacific Mobile Home Park HB _67_ Item 3. - 32 R a; z ��• '.a � �a� � ' U f -. •.:� > A s RESPONSE..TO COMMENT LET �#2•,. AR X x � k� c : n Item 3. 33 xB 68- x..�r r� City of Huntington Beach ' 2000 Main Street, Huntington Beach, California 92648-2702 OFFICE OF BUSINESS DEVELOPMENT ' Business Development — Housing — Successor Agency - Real Estate 8.„,,,;,. 714.536.5582 www.hbbiz.com fax 714.375.5087 November 7, 2013 Rod & Cindra Stolk 80 Huntington St., Space#302 Huntington Beach, CA 92648 Re: Pacific Mobile Home Park—Atlanta Avenue Widening Project, Relocation Plan Update, Response to Comment Letter Dear Mr. & Mrs. Stolk: Thank you for taking the time to review the draft Relocation Plan Update ("Plan Update") and submitting your written comments. Since you will be directly impacted by the Atlanta Avenue Widening Project, it is important for you to be engaged in the relocation process. We sincerely appreciate your efforts to be proactive as it relates to your relocation. This letter is intended to address the specific concerns included in your comment letter titled, "Response to Draft Relocation Plan Update," dated October 15, 2013. Response to Section II "Assessment of Relocation Bleeds (2013 Update)": At the time a Relocation Plan is prepared, a market survey is conducted to identify dwellings available on the market for purchase that meet the basic definition of "comparable," which is "functional equivalence." Depending on how long it is between the time a Relocation Plan is prepared and when a project is authorized and moves forward resulting in actual displacements, market conditions and available housing can change. Therefore, at the time a Relocation Plan is prepared, a snapshot of available replacement housing matching the functional equivalence of the displacement dwellings is secured. In the case of the Atlanta Avenue Widening Project, a project Relocation Plan ("Plan") was approved by City Council on December 19, 2011, as provided in Appendix 1 of the Plan Update. However, due to litigation regarding the project, the City was unable to implement the Plan. As the litigation was not concluded until March 2013, the City prepared the Plan Update to provide the most current information available based on changes that may have occurred in the Park, the HB -69- Item 3. - 34 Huntington Beach real estate market, and/or the relocation law and guidelines since the original Plan was approved. The basis for replacement housing is comparable replacement housing as defined in Section IV, A.4 on pages 9 and 10 of the Plan at the time of actual displacement. Criteria considered when evaluating comparable housing include the requirements listed in the federal Uniform Relocation Act: (a) The unit is decent, safe, and sanitary - electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit is adequate in size and is comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space as necessary to accommodate the displaced person. The unit is functionally equivalent, including principle features. (b) The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man-made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person's place of employment. (c) The unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion, or national origin. Comparable housing does not include consideration of"style of living," which was specifically removed from the definition of comparable housing by the federal agencies. A comparable dwelling also need not possess every feature of the displacement dwelling per the Uniform Relocation Act. With that being said, at the time of actual displacement, every reasonable effort will be made to identify comparable housing sharing as many attributes as the displacement dwelling as possible. In addition, the appraised value of each of the displacement dwellings will reflect features, if applicable, such as unusually large lots, location to amenities, improvements and upgrades to the dwellings, etc., which should reflect a higher value. The money paid to an owner of a mobile home to acquire their home can be used by the owner to secure replacement housing of the owner's choice, including a conventional dwelling, with further assistance to be offered through relocation benefits. Response to Section III, "Relocation Resources (2013 Update)": Please refer to the response above. In addition, assistance will be offered to the mobile home owners by the City's relocation consultant to identify available comparable housing as close to the Project site as possible, which may or may Item 3. - 35 HB -70- not include units within Pacific Mobile Home Park depending on availability and comparability. Once a comparable dwelling meeting federal requirements has been identified, and a Replacement Housing Payment entitlement has been calculated based on the most comparable dwelling, a displacee may choose to ultimately move to any dwelling of his/her choice. However, relocation payments will be calculated based on the maximum eligibility established by the comparable dwelling. The desires of individual mobile home owners regarding the location and type of replacement housing will be taken into consideration within the parameters of federal relocation law. Rent "discrepancies" at an alternate mobile home park, if a comparable unit is identified within that park, will be handled via a rental assistance payment as described in Section IV, B.3 of the Plan Update. If you have any additional questions, please do not hesitate to contact me. You can reach me by phone at (714) 536-5544 or via email at luis.gomez@surfcity- hb.org. We look forward to working with you to meet your relocation needs. Sincerely, J�4 9� Luis Gomez Real Property Agent HB _71- Item 3. - 36 m COMMENT LETTER #3 By Jim hock (Received October 30, 20.13) b Item 3. - 37 HB -72- Gomez, Luis From: Brian Rock[briangeraldrock@gmail.com] Sent: Wednesday, October 30, 2013 3:47 PM To: Gomez, Luis Subject: The City of Huntington Beach Relocation Plan for the Residents of Pacific Mobile Home Park, Atlanta Street Widening Project. Dear Luis, My name is Jim Rock, and I reside at space #401 at Pacific Mobile Home Park. We have met briefly over the last three years during the Atlanta Street widening project meetings. It is my understanding that this is our last opportunity to state our concerns regarding the relocation plan. Luis, close your eyes for a moment, if you will, and imagine someone knocking on your front door. As you open it, they inform you that you must vacate your home within 90 days. They are not concerned with where you go; they need you to leave so they can destroy your home. I have lived in Huntington Beach my entire life. I attended both Village View Grammar School and Marina High School, and I graduated from Golden West College. While attending Golden West College, I played on the state championship water polo team. I also worked as a Huntington Beach lifeguard for 10 years. I made a decision to buy space #401 in the Pacific Mobile Home Park because of the lifestyle, the community spirit, the proximity to the ocean, and the proximity to downtown. I have lived here for 15 years, in that time I have developed friendships with neighbors that cannot be replaced. I love my city and I love my and I love where I live within my city. My wife, Suzi, battled with cancer. At the end of that battle she died in my arms in this house. After that, I had never planned to move away from this home. I feel the City`s relocation plan is woefully inadequate to provide financial and emotional support to myself and the other affected homeowners who are being asked to give up our homes for the good of the public because the plan does not come close to replacing the fact that I will be losing my home; the lifestyle that this location provides; the great friends and neighbors that have taken over a decade to develop and enjoy. I have become depressed, anxious, and fearful for my future as the reality of giving, up my home is drawing near. I fear the thought of eventually becoming homeless through the actions of the city. The new owners of the park are very aggressive with rent increases; if I were to purchase another home within the park, then I would be considered a new buyer and face an 80% rent increase. This increase is unfordable, consequently I would not be able to relocate within Pacific Mobile Home Park. 1 HB -73- Item 3. - 38 Please do your best to help provide us with adequate support to insure we will still have the chance to own our homes and continue the lifestyle that we have chosen. Thank you sincerely, Jim Rock Space #401 Pacific Mobile Home Park Huntington Beach Ca P.S. Luis, Please email me back so that I know you received this correspondence. Thank you. z Item 3. - 39 HB -74- 411 IM, SPONSE MCOMMENT LETTER ON,, 1,q, 5. Au "AR 16 % Jk ow ko, 'p-t HB 40' -75- Item 3. City of Huntington Beach 2000 Main Street, Huntington Beach, California 92648-2702 OFFICE OF BUSINESS DEVELOPMENT ® Business Development — Housing — Successor Agency - Real Estate „O. a 714.536.5582 www.hbbiz.com fax 714.375.5087 November 7, 2013 Jim Rock 80 Huntington St., Space #401 Huntington Beach, CA 92648 Re: Pacific Mobile Home Park—Atlanta Avenue Widening Project, Relocation Plan Update, Response to Comment E-mail Dear Mr. Rock: Thank you for taking the time to review the draft Relocation Plan Update ("Plan Update") and submitting your written comments. Since you will be directly impacted by the Atlanta Avenue Widening Project ("Project"), it is important for you to be engaged in the relocation process. We sincerely appreciate your efforts to be proactive as it relates to your relocation and regret any inconvenience the process may have caused you. This letter is intended to address the specific concerns included in your e-mail dated October 30, 2013. The City has contracted with Paragon Partners, Ltd. ("Paragon") to coordinate relocation services for all mobile home owners that will be directly impacted by the Project. Paragon will identify available comparable housing as close to the Project site as possible, which may include units within Pacific Mobile Home Park itself, depending on the specific needs and situation of each of the impacted mobile home households. Criteria considered when evaluating comparable housing include the requirements listed in the federal Uniform Relocation Act and further described below: (a) The unit is decent, safe, and sanitary - electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit is adequate in size and is comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space as Item 3. - 41 HB -76- necessary to accommodate the displaced person. The unit is functionally equivalent, including principle features. (b) The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man-made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person's place of employment. (c) The unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion, or national origin. Once a comparable dwelling meeting federal requirements has been identified, and a Replacement Housing Payment entitlement has been calculated based on the most comparable dwelling, a displacee may choose to ultimately move to any dwelling of his/her choice. However, relocation payments will be calculated based on the maximum eligibility established by the comparable dwelling. The desires of each impacted mobile home owner regarding the location and type of replacement housing will be taken into consideration within the parameters of federal relocation law. In general, rent increases for comparable replacement housing will be handled via a rental assistance payment as described in Section IV-B, "Relocation Benefits." However, as these relocation benefits are limited by federal law, Paragon relocation agents will ensure that each affected mobile home owner fully understands his/her options in order to select replacement housing that best fits their unique needs and financial situation. We look forward to working with you to meet your relocation needs. If you have any additional questions, please do not hesitate to contact me. You can reach me by phone at (714) 536-5544 or via email at luis.gomez@surfcity-hb.org. Sincerely, C!a_zw�� Luis Gomez Real Property Agent xB -77- Item 3. - 42 APPENDIX 1 RELOCATION PLAN APPROVED DECEMBER 19, 2011 Item 3. - 43 xB -78- Atlanta Avenue Widening Project RELOCATION PLAN Prepared for: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 374-1529 By: Overland, Pacific & Cutler, Inc. 20 Fairbanks, Suite 178 Irvine, California 92618 (949) 951-5263 November 21, 2011 HB -79- Item 3. - 44 TABLE OF CONTENTS INTRODUCTION 1 I. PROJECT DESCRIPTION 2 A. REGIONAL LOCATION 2 B. PROJECT SITE LOCATION AND DESCRIPTION 3 C. GENERAL DEMOGRAPHIC&HOUSING CHARACTERISTICS 4 IL ASSESSMENT OF RELOCATION NEEDS 5 A. SURVEY METHOD 5 B. FIELD SURVEY DATA 5 1. Current Occupants 5 2. Replacement Housing Needs 5 3. Income 5 4. Ethnicity/Language 6 5. Senior/Handicapped Households 6 6. Preferred Relocation Areas 6 III. RELOCATION RESOURCES 7 A. METHODOLOGY 7 B. REPLACEMENT HOUSING AVAILABILITY 7 1. Mobile Homes for Sale 7 2. Pad Space Rent 7 3. Summary 7 C. RELATED ISSUES 8 1. Concurrent Residential Displacement 8 2. Temporary Housing 8 IV. THE RELOCATION PROGRAM 9 A. ADVISORY ASSISTANCE 9 B. RELOCATION BENEFITS 11 1. Residential Moving Expense Payments 12 2. Purchase Assistance to Owners 13 3. Space Rent Differential Payment 14 4. Rental Assistance Option to Owners Who Choose to Rent 14 C. PROGRAM ASSURANCES AND STANDARDS 16 D. GENERAL INFORMATION REGARDING PAYMENT OF RELOCATION BENEFITS 16 E. LAST RESORT HOUSING 17 F. IMMIGRATION STATUS 17 V. ADMINISTRATIVE PROVISIONS 18 A. NOTICES 18 B. PRIVACY OF RECORDS 19 C. GRIEVANCE PROCEDURES 19 D. EVICTION POLICY 19 E. CITIZEN PARTICIPATION 20 F. PROJECTED DATE OF DISPLACEMENT 20 G. ESTIMATED RELOCATION COSTS 20 Item 3. - 45 HB -80- LIST OF TABLES TABLE 1: 2010 Census Population—City of Huntington Beach&Impacted Tract 4 TABLE 2: 2010 Census Housing Units—City of Huntington Beach&Impacted Tract 4 TABLE 3: Availability and Cost of Replacement Housing For Sale 7 TABLE 4: Schedule of Fixed Moving Payments 12 TABLE 5: Example Computation of URA Rental Assistance Payments 15 LIST OF EXHIBITS EXHIBIT A: Residential Interview Form EXHIBIT B: General Information Notice EXHIBIT C: HUD Income Levels—Orange County EXHIBIT D: Residential Informational Brochure EXHIBIT E: Public Comments and Responses HB _81- Item 3. - 46 INTRODUCTION The City of Huntington Beach ("City") is in the process of creating a Relocation Plan to be used in the event a proposed street widening project, the Atlanta Avenue Widening Project ("Project"), is implemented. The proposed Project would widen the south side of Atlanta Avenue between Huntington Street and Delaware Street to comply with the primary arterial street classification in the General Plan Circulation Element. The proposed street improvements would provide an additional through lane and bike lane in each direction of travel. In addition, the proposed Project includes clearing and grubbing, the construction of asphalt concrete roadway, striping, curb, gutter, sidewalk, an 8-foot tall concrete block wall atop a variable height (7-foot maximum) retaining wall, landscaping, reconstruction of a 26-foot wide on-site circulation road and emergency accesses within the adjacent Pacific Mobile Home Park, and utility and fire hydrant adjustment and relocation. In the event the proposed Project is implemented, the City would need to acquire a portion of one parcel located at 80 Huntington Street in Huntington Beach, CA that is currently occupied by the Pacific Mobile Home Park. The partial acquisition would impact eight pads and mobile homes located at the northern end of the park along Atlanta Avenue. Overland, Pacific & Cutler, Inc. ("OPC") has been selected to prepare a Relocation Plan ("Plan"). The Plan has been prepared to evaluate the present circumstances and replacement housing requirements of residents that may potentially be displaced from their current residence. The Plan generally addresses the needs and characteristics of the displacees and the City's program to provide assistance to each of the eight mobile home households that would be directly affected in the event the proposed Project is implemented. The City anticipates funding for the Project will be provided by Regional Surface Transportation Program (RSTP) grant funds (federal), State Local Partnership Program (SLPP), Measure M2 Turnback(local) and Prop 42 funds (local). As such, this Plan is required to and does conform to the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("URA"), as amended, the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law) and 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: I. Project description(SECTION I); 2. Assessment of the relocation needs of persons subject to displacement (SECTION II); 3. Assessment of available, comparable replacement housing units within the City of Huntington Beach(SECTION III); 4. Description of the City's Relocation Program(SECTION IV); and 5. Description of the City's outreach efforts, Project timeline and budget (SECTION V). 1 Item 3. - 47 HB -82- Io 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, and is immediately accessible from Interstate 405 and the Pacific Coast Highway (Hwy 1). Adjacent communities include Newport Beach, Costa Mesa, Fountain Valley, Westminster and Seal Beach. (See Figure 1: Regional Project Location) orco a Yorbii m # SJ�ERI�d,RG�lI10 4 39 San t FC h �nda (_ E E U0.S m t _ �l 91 � rQ ,ens 31 d o a rYl > rtI Cyr o 19 = r art c 471, r an Ate it qu n herff's Dept t'. 0 r 22 ` -� � u° r 1 E I ,_g i - � w� CQt et —° ' 261 � �st Stl1 1 Ada � elat�t Sear �Lyryesi k tiahal Fr�r sti \ 39 nt ` \r 241 Santiago Peak Bol h ; Ecological R a � Project Site �e' z gyp.[[ ll -\q���\�i\ 4+„ \i a.. I i 133 " :R ho aanW,"f INNER 55 LaItBQfB. � 1i{�arita � � � � rf e a a I Park o T \. e \ ' ' e 't G l s Park ��•.: La \ renasysv Pa �� et'Parkn; l a vv 1, a 741 P ae t t VU5dal Co ri s0 afid P 158&-2010 Mi�rosofi Cap or�ror_andro:d_su hers.Ail:ci Ms,resered '. �--� hl � 2�� ;: � a__ Figure 1: Regional Project Location 2 HB -83- Item 3. - 48 B. PROJECT SITE LOCATION AND DESCRIPTION The Project site is located on Atlanta Avenue between Huntington Street and Delaware Street. (See Figure 2: Project Site Location) The total area of the partial acquisition along the Atlanta Avenue frontage_of the Pacific Mobile Home Park is approximately 0.37 acres. The proposed acquisition of this area and the subsequent reconstruction of the on-site circulation road would directly affect eight existing mobile homes located within Pacific Mobile Home Park. As of the date of this Plan, all eight units are occupied by permanent residents. AM�. i +wc Figure 2: Project Site Location 3 Item 3. - 49 HB -84- C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS According to the 2010 U.S. Census, the population of Huntington Beach is 189,992, and the population of the impacted Census Tract 993.07/Block 1005 is 113 (see Table 1). Corresponding Census data concerning the housing mix is shown in Table 2. TABLE 1: 2010 Census Po ulation-City of Huntington Beach & Impacted Tract Population Tract 993.07 % City % Block 1005 White 88 77.9% 113,250 59.6% Black or African American 0 0.0% 1,813 1.0% American Indian or Alaska Native 0 0.0% 992 0.5% Asian 5 4.4% 21,070 11.1% Native Hawaiian or Other Pacific 0 0.0% 635 0.3% Islander Some Other Race 0 0.0% 11,193 5.9% Two or More Races 5 4.4% 8628 4.5% Hispanic or Latino of Any Race 15 13.3 32,411 17.1% Total Population 113 100.0% 189,992 100.0% Source: U.S.Census Bureau,QT-PL.Race,Hispanic or Latino,and Age: 2010 TABLE 2: 2010 Census Housing Units- ity of Huntin on Beach & Im acted Tract Type Tract 993.07 % City % yp Block 1005 Owner-Occupied 56 91.8% 44,914 60.5% Renter-Occu ied 5 8.2% 29,371 39.5% Total Occupied Units 61 100.0% 74,285 100.0% Available for Sale Only(of Total Vacant 3 37.5% 522 14.0% Units Available for Rent-Full Time Occupancy 0 0.0% 1,694 45.6% (of Total Vacant Units) Sold or Rented-Not Occupied 0 0.0% 236 6.4% Otherwise Not Available (e.g. seasonal, 5 62.5% 885 23.8% recreational, migratory, occasional use) Other Vacant 0 0.0% 381 1 10.2% Vacant Housing Units 8 100.0% 3,718 100.0% Source:U.S. Census Bureau,QT-H1.General Housing Characteristics: 2010 4 HB -85- Item 3. - 50 IL ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD In July and August 2011, OPC staff conducted personal interviews with all of the potentially displaced residents from the eight mobile homes that would be directly impacted in the event the proposed Project is implemented. As part of the interview process, OPC staff asked questions regarding household size and composition, income, monthly rent, length of occupancy, ethnicity, home language, physical disabilities, legal status in the U.S. and replacement housing preferences. A sample of the residential interview form used in the interview process is presented as Exhibit A. Additionally, the General Information Notice provided to all of the potentially displaced residents is included as Exhibit B of this Plan. B. FIELD SURVEY DATA 1. Current Occupants There are eight residential households that may be displaced in the event the proposed Project is implemented. At the time of the interviews, the households consisted of 14 adults and two children (17 years or younger). The households all currently own and occupy mobile homes within the Pacific Mobile Home Park. 2. Replacement Mousing Needs One of the primary purposes of a Relocation Plan is to demonstrate the availability of comparable, affordable, decent, safe, and sanitary housing prior to the displacement of residential occupants. Replacement housing needs, as expressed in this Plan, are defined by the total number of required replacement units and distribution 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 the City's 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. In addition, replacement housing needs must be based on current household members. Based on the occupancy standard stated above, the size of the displacement dwellings and the legal members of the households, the replacement dwellings required for the Project occupants include: two one-bedroom mobile homes for sale, five two-bedroom mobile homes for sale, and one four-bedroom mobile home for sale. 3. Income Information regarding gross household income was provided by six of the eight households that would be directly affected in the event the proposed Project is implemented. According to income standards for the County of Orange (Exhibit C) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD), four households 5 Item 3. - 51 HB -86- qualify as Very Low Income (31% - 50% of area median income), one household qualifies as Moderate Income (81 - 120% of area median income), and one household qualifies as Above Moderate Income (above 120% of area median income.) Two households refused to provide data on gross household income, although one household stated they are Low Income, and the other household stated they are not Low Income. 4. Ethnicity/Language Seven of eight households reported "White" as their ethnicity; one household reported their ethnicity as "Mixed" (African American and White). All households stated English is their preferred language. 5. Senior/Handicapped Households Three households have senior members (62 years or older), and two households reported members with disabilities, although only one household reporting a physical disability will require a first-floor replacement unit as an accommodation for the disability. 6. Preferred Relocation Areas Seven of the eight households expressed a preference to remain in the Huntington Beach area, if not within the Pacific Mobile Home Park itself, in order to maintain current access to employment, medical facilities, family and the beach. One household will be relocating to northern California for continuing education. Although options are being explored to create and incorporate additional pad spaces within the existing mobile home park in order to accommodate the potentially displaced occupants of the eight mobile homes that would be directly affected by the proposed Project, these eight households may have to be permanently relocated from Pacific Mobile Home Park. 6 HB -87_ Item 3. - 52 III. RELOCATION RESOURCES A. METHODOLOGY For residential housing, a resource survey was conducted to identify available mobile home units for sale in Huntington Beach. The following sources were utilized: -- Classified listings from local newspapers and For Sale publications -- Contacts with real estate/property management companies serving the community -- Internet sources, including the MLS (Multiple Listing Service) B. REPLACEMENT HOUSING AVAILABILITY 1. Mobile Homes for Sale All mobile homes listed for sale and located in the City of Huntington Beach were surveyed. Additional one-bedroom mobile homes for sale were identified in surrounding communities when the number of homes for sale in Huntington Beach alone was too few to determine a significant median price. The for-sale housing results are summarized in Table 3 below. TABLE 3: Availability and Cost of Replacement Housing For Sale Bedroom Size One Two Lour #Found (#needed) 12 (2) 53 (5) 8 (1) List Price Range $17,000 - $48,000 $18,900 - $120,000 $49,999 - $147,500 Median Price $37,500 $51,000 $79,900 The survey data indicate that there are adequate numbers of replacement housing units to accommodate the eight mobile home households that may be displaced in the event the proposed Project is implemented. 2. Pad Space Rent While surveying for mobile homes for sale, pad rents were considered where available. The range of pad rents of available mobile homes for sale was between $624 and $1,750 with a median rent of$1,050. There is often a direct inverse relationship between the pad rent and the asking price of the mobile home—when pad rents are low, the cost of the mobile home is high. When pad rents are high, the cost of the mobile home is low. 3. Summary Considering the above described availability of for sale replacement housing resources gathered over a two-week period, it appears that there are more than adequate replacement housing resources for any of the residential occupants that would be directly affected in the event the proposed Project is implemented. While adequate replacement housing exists, based on survey results of available pad rents and the displacees' current rents, the displaced occupants may have an increase in monthly rent. Possible increases, if any, will be offset by 7 Item 3. - 53 HB -88- the City pursuant to the relocation regulations via a Rental Assistance Payment (discussed in section IV-B.3), including Last Resort Housing (LRH)requirements (see Section IV-E). C. RELATED ISSUES 1. Concurrent Residential Displacement There are no current public projects causing residential displacements underway in Huntington Beach which would compete with the Project for needed housing resources. No residential displacee would be required to move without both adequate notice and access to available, affordable, decent, safe, and sanitary housing. 2. Temporary Housing The City does not anticipate a need for temporary housing of those tenants that may be displaced in the event the proposed Project is implemented. 8 HB -89- Item 3. - 54 IV• THE RELOCATION PROGRAM The City's Relocation Program will apply all regulatory criteria to formulate eligibility and benefit determinations to conform with all applicable requirements. The Relocation Program to be implemented by the City will conform with the standards and provisions of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("URA"). The City has retained OPC, a multi-lingual consulting firm, to administer the Relocation Program. City staff will monitor the performance of OPC and be responsible to approve or disapprove OPC's recommendations concerning eligibility and benefit determinations and interpretations of the City's policy. Eligible individuals, who may be required to permanently move from their existing home, would receive relocation assistance. The Relocation Program will consist of two principal components: advisory assistance and financial assistance (Relocation Benefits). A. 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 To assure that the City meets its obligations under the law, OPC staff will perform the following functions: l. 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 displacee eligible for assistance; 4. Provide residential displacees with at least one, and preferably three, referrals to comparable replacement housing within a reasonable time prior to displacement. Generally, a comparable replacement dwelling must satisfy the following criteria: (a) The unit is decent, safe, and sanitary - electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit adequate in size and is comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of 9 Item 3. - 55 HB -90- construction, but not lesser in rooms or living space as necessary to accommodate the displaced person. The unit is functionally equivalent, including principle features. (b) The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man-made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person's place of employment. (c) The unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion or, national origin. 5. Maintain an updated database of available housing resources, and distribute referral information to displacees for the duration of the Project; 6. Provide transportation to the residential displacees, if necessary, to inspect replacement sites within the local area; 7. Inspect replacement housing to assure it meets decent, safe, and sanitary standards as described in the URA; 8. Supply information concerning federal and state programs and other governmental programs providing assistance to displaced persons; 9. Make benefit determinations and payments in accordance with applicable law and the City's adopted relocation guidelines; 10. Assist eligible occupants in the preparation and submission of relocation assistance claims; 11. Assure that no occupant would be required to move without a minimum of 90 days written notice to vacate; 12. Inform all persons subject to displacement of the City's policies with regard to eviction and property management; 13. Provide additional reasonable services necessary to successfully relocate occupants; 14. Establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of the City's decisions with respect to relocation assistance; and 15. Provide assistance that does not result in different or separate treatment based on or due to an individual's sex, marital status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation, and domestic partnership status. 10 HB -91_ Item 3. - 56 B. RELOCATION BENEFITS Specific eligibility requirements and benefit plans will be detailed on an individual basis with all displacees. In the course of a personal interview and follow-up visits, each displacee would be counseled as to available options and the consequences of any choice with respect to financial assistance. Relocation benefits would be provided in accordance with the provisions of the federal guidelines, and City rules, regulations and procedures pertaining thereto. Benefits would be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with the City's normal administrative procedures. Specifically, federal RSTP and local Prop 42 funds would be used to pay relocation related payments in the event the proposed Project is implemented. The City would process advance payment requests to mitigate hardships for residents who do not have access to sufficient funds to pay move-in costs such as paying an escrow deposit. Approved requests would be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing. At this point, the research indicates the mobile home owner-occupants would have four options with respect to relocation arrangements following the City's offer to purchase: • The owner may decline to sell his/her mobile home and elect to move and set up the unit in a new location, including any existing improvements, providing the total cost of moving the mobile home does not exceed the replacement cost of a comparable unit. It needs to be noted, however, that current zoning and building codes in California practically make it impossible for an older mobile home to be moved and reestablished at another location. Benefits would include the cost of moving and setting up the existing mobile home within 50 miles from the Project, and Rental Assistance for space rent, if applicable. • The owner may elect to sell the mobile home to the City for its appraised value-in-place, and purchase a comparable replacement mobile home in another location; Benefits would include Replacement Housing Payment, Residential Moving Expenses, and Rental Assistance for space rent, if applicable. • The owner may elect to sell the mobile home to the City for its appraised value-in-place and apply their entitlement toward the purchase of another type of residential dwelling, including the amount determined for Rental Assistance for space rent. Benefits would include Replacement Housing Payment, Residential Moving Expenses, and Rental Assistance, if applicable. • The owner may elect to sell the mobile home to the City for its appraised value-in-place and rent an alternate type of residential unit. 11 Item 3. - 57 HB -92- Benefits would include Residential Moving Expenses and Rental Assistance, if applicable. The owner would be entitled to utilize up to the total of the replacement housing eligibility in the form of rental assistance. Actual rental assistance eligibility would be determined by subtracting the difference between the economic rent of the mobile home residence from the market rent for an apartment unit of comparable size (e.g., number of bedrooms) multiplied by 42 months. I Residential Moving Expense Payments All residential occupants that may be permanently relocated would be eligible to receive a payment for moving expenses. Moving expense payments would be made based upon the actual cost of a professional move or a fixed payment based on a room-count schedule. a. Actual Cost (Professional Move) Displacees may elect to have a licensed professional mover perform the move. The actual cost of the moving services, based on at least two acceptable bids, would be compensated by the City in the form of a direct payment to the moving company upon presentation of an invoice. Transportation costs are limited to a distance of 50 miles in either case. In addition to the actual move, costs associated with utility re-connections (i.e., gas, water, electricity, telephone, and cable, if any), are eligible for reimbursement. b. Fixed Payment (based on Room Count Schedule) An occupant may elect to receive a fixed payment for moving expenses which is based on the number of rooms occupied in the displacement dwelling. In this case, the person to be relocated takes full responsibility for the move. The fixed payment would include all utility connections as described in (a), above. The current schedule for fixed moving payments is set forth in'Table 4: TABLE 4. Schedule of Fred Moving""Payments ,a; Unfurnished Dwelling One room $625 Two rooms $800 Three rooms $1,000 Four rooms $1,175 Five rooms $1,425 Six rooms $1,650 Seven rooms $1,900 Eight rooms $2,150 each additional room $225 Furnished Dwelling First Room $400 Each additional room $65 12 HB -93- Item 3. - 58 A displaced person's actual, reasonable and necessary moving expenses for moving personal property from a mobile home may be determined based on the cost of one, or a combination of the eligible actual moving expenses as described in Section IV-13.1 of this Plan. The owner-occupant of a mobile home that is moved as personal property and used as a person's replacement dwelling, is also eligible for: (i) the reasonable cost of disassembling, moving, and reassembling any appurtenances attached to a mobile home, such as porches, decks, skirting, and awnings, which were not acquired, anchoring of the unit, and utility "hookup" charges; (ii) the reasonable cost of repairs and/or modifications so that a mobile home can be moved and/or made decent, safe, and sanitary; (iii) the cost of a nonrefundable mobile home park entrance fee, to the extent it does not exceed the fee at the comparable mobile home park, if the person is displaced from a mobile home park or the City determines that the payment of the fee is necessary to effect relocation. 2. Purchase Assistance to Homeowners Homeowners that may be displaced in the event the proposed Project is implemented would be eligible for relocation replacement housing payments, if the following conditions are met: (a) The displacee has owned and occupied their unit for not less than 180 days prior to the initiation of negotiations, and (b) The displacee purchases and occupies a replacement unit within one year from: (i) the date the displaced person receives final payment for the displacement dwelling - or - (ii) the date at least one comparable replacement dwelling has been made available to the displacee, whichever is later. Homeowner households that may be displaced would receive assistance in locating a "comparable replacement" unit and may be eligible for the following benefits: Purchase Price Differential Payment - A displaced household may be eligible for a replacement housing payment as an owner-occupant. Once the fair market value of the dwelling being acquired by the City is determined, an analysis of the existing housing market is made to determine the costs of a comparable replacement dwelling. The difference, if any, between the payment received for the displacement dwelling and the purchase price of a comparable replacement dwelling results in the amount of a Purchase Price Differential ("PPD")payment. 13 Item 3. - 59 HB -94- Incidental Expense Payment - As a part of the cost associated with the purchase of a replacement dwelling, certain closing costs are generally incurred. These include, but are not limited to: appraisal fees, title and escrow fees, recording fees, loan processing fees, and cost for credit reports. These one-time non-recurring fees associated with purchasing a replacement dwelling would be reimbursable to the displaced household by the City as an Incidental Expense Payment. These expenses must be actually incurred and documented on a Final Closing Statement supplied by the escrow or title company. Recurring costs such as real estate taxes, insurance and association dues would not be eligible as reimbursable closing costs. Mortgage Interest Differential Payment - In some cases, an owner-occupant being displaced may find that current market interest rates or mortgage costs exceed their existing mortgage terms. A Mortgage Interest Differential Payment (MIDP) may be made to enable the displaced household to duplicate the amortization schedule for the displacement dwelling to that of the comparable replacement dwelling, as described in the Relocation Laws. The payment amount would cover the increased interest costs, if any, required to finance a replacement dwelling. Based upon the available data regarding Project displacees, the potentially displaced households may qualify for, and may be eligible to apply for, several of these relocation benefits under URA provisions. Except in the case of Last Resort Housing situations, the potential total payment to the households would be limited to a maximum of$22,500 as stated under URA guidelines. The Relocation Program is explained in detail in the informational brochure to be provided to each potentially displaced household (see Exhibit D). 3. Space Rent Differential Payment If comparable replacement housing available at the time of displacement includes space or pad rent and utilities that are higher than the displacee's current rent and utilities, the displacee would be entitled to a rental assistance payment, not to exceed $5,250 except in the case of Last Resort Housing. An actual rental assistance entitlement would be determined by subtracting the difference between the displacement rent and utilities of the displacement dwelling from the rent and estimated monthly utilities for the comparable dwelling multiplied by 42 months. 4. Rental Assistance Option to Owners Who Choose to Rent 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 would be eligible for all the benefits and assistance that is available to tenant households. However, such replacement housing payments may not exceed the payments the household would have been entitled to if it had elected to purchase a replacement unit. To be eligible to receive the rental assistance benefits, the displaced household has to rent and occupy a decent, safe, and sanitary replacement dwelling within one year from the date they move from the displacement dwelling. 14 HB -95- Item 3. - 60 Rental Assistance payment amounts would be 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 (ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person. The base monthly rent for the displacement dwelling would be: (i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the City. For owner-occupants or households, fair market rent would be used as a substitute for actual rent. Table 5 portrays the rental assistance benefits determination under the URA: TABLE 5 Example Computation of URA Rental Assistance„'ayments 1x 1.Old Rent $650 Old Rent and Utilities(based on Fair Market Rent) Subtracted From: 2. Actual New Rent $750 Actual New Rent and Estimated Utilities or 3. Comparable Rent $775 Determined by City(includes estimated utilities) 4. Lesser of lines 2 or 3 $750 5. Yields Monthly Need: $100 Subtract line I from line 4 b Rental Assistance ��, $4,200 Multiply line 5 by 42 months ,W- The City's Relocation Program is designed to minimize hardship, be responsive to unique Project circumstances, emphasize maintaining personal contact with all individuals directly affected by the Project, consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements, guidelines and laws. The City has retained OPC, a professional consulting firm, to administer the Relocation Program in the event the proposed Project is implemented and the occupants are required to vacate. Experienced City staff will monitor the performance of the consultants and be responsible to approve or disapprove consultant recommendations concerning eligibility and benefits determinations and interpretations of the City's policy. 15 Item 3. - 61 RB -96- C. PROGRAM ASSURANCES AND STANDARDS Adequate funds are available to relocate all households that would be displaced in the event the proposed Project is implemented. Relocation assistance services would be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. D. GENERAL, INFORMATION REGARDING PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits for tenants 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 would be as follows: 1. Claimant(s) would provide all necessary documentation to substantiate eligibility for assistance; 2. City staff would review all necessary documentation including, but not limited to, scopes-of-service, contractor bids, invoices, lease documents and escrow material before reaching a determination as to which expenses are eligible for compensation; 3. Required claim forms would be prepared by OPC staff and presented to the claimant for review. Signed claims and supporting documentation would be returned to relocation staff and submitted to the City; 4. The City would review and approve claims for payment, or request additional information; 5. The City would issue benefit checks to claimants in the most secure, expeditious manner possible; 6. Final payments to residential displacee would be issued after confirmation that the Project premises have been completely vacated, and actual residency at the replacement unit has been verified; 7. Receipts of payment and all claim material would be maintained in the relocation case file. 16 HB -97- Item 3. - 62 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 as of the date of this Plan, it is anticipated that "comparable replacement housing" would be available. (For owner-occupants/homeowners, if there is not enough "comparable replacement housing" available, the displacing entity may pay whatever costs are necessary beyond the statutory cap of $22,500 to acquire a "comparable replacement"unit, including reasonable incidental expenses.) In the event the proposed Project is implemented, and if at the time of actual displacement there is not enough required replacement housing resources available within the statutory limit, the City would authorize sufficient funds to provide Last Resort Housing. Due to the demonstrated number of available replacement housing resources for all of the households, as shown in Section III-B.l of this Plan, the need to develop additional replacement housing to produce a sufficient number of comparable replacement dwellings would not be necessary at this point. Rather, funds would be used to make payments in excess of the monetary limits specified in the statute; hence, satisfying the requirement that "comparable replacement housing" is available. E. IMMIGRATION STATUS Federal legislation (PL I05-117) prohibits the payment of relocation assistance benefits under the URA to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the City to negatively affect the alien's spouse, parent or child. In order to track and account for relocation assistance and benefit payments, City staff would be required to seek immigration status information from each displacee 18 years or older by having them self-certify as to their legal status. 17 Item 3. - 63 HB -98- V. ADMINISTRATIVE PROVISIONS A. NOTICES Each notice, which the City is required to provide to a property owner or occupant, shall be personally delivered or sent by certified or registered first-class mail, return receipt requested and documented in the case file. Each notice would be written in plain, understandable language. Persons who are unable to read and understand any notice would be provided with appropriate translation and counseling. Each notice would indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. There are three principal notices: 1) the General Information Notice, 2) the Notice of Relocation Eligibility, and 3) the Ninety-Day Notice. The General Information Notice (GIN) 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. (See Exhibit B) The GIN is issued as early as is feasible in the initial stages of a Project, preferably, the planning stage. In June 2011, GINs were mailed via regular and certified mail to the eight households that would be directly affected in the event the proposed Project is implemented. A Notice of Relocation Eligibility (NOE) would be distributed to each residential relocatee. The NOE to the relocatee contains a determination 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 relocation staff. The NOE would be issued to any eligible permanent displacee once the Project has been approved and Project funding is in place. No lawful occupant would be required to move without having received at least 90 days advance written notice of the earliest date by which the move would be necessary. The 90-day notice would either state a specific date as the earliest date by which the occupant may be required to move or state that the occupant would receive a further notice indicating, at least 30 days in advance, the specific date of the required move. The 90-day notice would not be issued to any residential displacee before a comparable replacement dwelling has been made available. In addition to the three principal notices, City staff would 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: 1) are eligible for monetary benefits, 2) have moved from the acquired property, and 3) have not filed a claim for benefits. 18 xs -99- Item 3. - 64 Reminder Notices would be issued periodically throughout the qualification period. An attempt would 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. B. PRIVACY OF RECORDS All information obtained from displacees is considered confidential and would not be shared without the consent of the displacee or the City unless otherwise required to be provided by law. City staff would comply with federal regulations concerning the 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 temporary housing, or the City's property management practices may file a Relocation Assistance Appeal Form or any other written form of appeal with the City. The City's appeal policies will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. Specific details for the City's appeals policy will be furnished upon request. D. EVICTION POLICY 1. Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits. Relocation records would be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction that may cause forfeiture include the following: (a) Failure to pay rent, except in those cases where the failure to pay is due to the owner's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Performance of a dangerous, and/or illegal act in the unit; (c) A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days of Notice; (d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept one of a reasonable number of offers of replacement dwellings; and/or, (f) A requirement under State, or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the City. 19 Item 3. - 65 HB -100- 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 City's Relocation Program; 2. Encourage meaningful participation in reviewing the Relocation Plan and monitoring the relocation assistance program; 3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issue a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed approval; and 5. Include written or oral comments concerning the Plan as an attachment (Exhibit E) when it is forwarded to the City Council for their consideration. F. PROJECTED DATE OF DISPLACEMENT The City anticipates that Notices to Vacate will be issued no earlier than Spring 2012. G. ESTIMATED RELOCATION COSTS The total budget estimate for relocation-related payments for this Project, including a 10% contingency, is $240,000. The budget is based on the displaced owners selling their current mobile homes and purchasing replacement dwellings. The estimated relocation budget does not include any payments related to land acquisition or the acquisition of the mobile homes. 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. In the event the proposed Project is implemented, and circumstances arise that should change either the number of residential occupants, or the nature of their activity, the City may need to authorize additional funds. The City Council approved the Capital Improvement Program on September 6, 2011, which appropriated the funding for this project necessary to meet the City's obligation under the relocation guidelines. 20 HB -101- Item 3. - 66 EXHIBIT A RESIDENTIAL INTERVIEW FORM Item 3. - 67 HB -102- K!K 71401"1" 5,1111: Client/Project: Case ID: Site Address: Total occupants: Interview Date: ❑ Unoccupied City,St,ZIP: Interviewer: ❑ No Contact ti . ©� UI� � USE' C�fI[t: F} .� �lSk1S s• .ti \ 1.Name: !Gender: F M Employer/School: Relationship(list 1): HEAD OF HOUSEHOLD ❑ ID verified Income srce(list 2): Income/empl.description: Hire/start date: No Income: i Lawful presence(list 3): Date of birth: Phone/fax/email: Move-in date: i Notes/special needs 2.Name: Gender: F M Employer/School: Relationship(list 1): ❑ ID verified Income srce(list 2): Income/empl.description: Hire/start date: Mo Income: Lawful presence(list 3): Date of birth: Phone/fax/email: Move-in date: Notes/special needs: 3.Name: Gender: F M Employer/School: Relationship(list 1): ElID verified Income srce(list 2): Income/empl.description: Hire/start date: Mo Income: Lawful presence(list 3): Date of birth: ....... .... Phone/fax/email: Move-in date: Notes/special needs: 4.Name: Gender: F M Employer/School: Relationship(list 1): ElID verified Income srce(list 2): Income/empl.description: Hire/start date: Mo Income: Lawful presence(list 3): Date of birth: Phone/fax/email: Move-in date: j i I Notes/special needs: 5.Name: !Gender: F M Employer/School: Relationship(list 1): ❑ ID verified Income srce(list 2): Income/empl.description: Hire/start date: Mo Income: Lawful presence(list 3): Date of birth: Phone/fax/email: Move-in date: Notes/special needs: 6.Name: !Gender: F M Employer/School: Relationship(list 1): ❑ ID verified Income srce(list 2): Income/empl.description: Hire/start date: Mo Income: Lawful presence(list 3): Date of birth: Phone/fax/email: Move-in date: i Notes/special needs: p O HB -103- 1980-2008 Overland, Pacific&Cutler, Inc. (08/08) Item 3. — 60 EAb Lfl Mailing Address: ❑ Primary residence of all occupants?(If not,explain in notes) City,St,ZIP: ❑ Can someone read/understand English?If not,language: Carbon Copy Address: Race/Ethnicity: ❑American Indian/Alaskan ❑Asian City,St,ZIP: ❑ Black/African-American ❑ Hawaiian/Pacific Islander Dwelling Type(list 4): ❑ Hispanic/Latino ❑White ❑ Other ❑ Mixed Bedrooms: 'Attic/Utility/Storage: Approx Sq Ft: Subscribe to: ❑ Land phone ❑ TV service ❑ Internet Kitchen: Basement: Bathrooms; ❑ Home-based business?(describe in notes) Livinglfamily rooms: (Garage: Garage Spaces: ❑ Rent rooms in dwelling?(describe in notes) Dining room: ;Other/Extra: Carport Spaces: ❑ On fixed income or public assistance?(describe in Occupants) Den/Office: !Total physical and Parking Spaces: ❑ Disabled occupants?(describe modifications/needs in Occupants) content rooms to Total Rooms: move: Number of cars: Replacement site special needs(mark and describe in Notes) AirCond: ❑Central ❑Wall/Window ❑Heat Pump ❑Evap.lSwamp ❑None ❑ Employment access ❑ Shopping Heating: ❑FAU ❑Radiant ❑Hot Water ❑Space Htr ❑Solar ❑Heat Pump ❑ Public transport ❑ Religious Dwelling Condition: ❑ Good ❑ Fair ❑ Poor ❑ Medical facilities/services ❑ Social/Public services Neighborhood Condition: ❑ Good ❑ Fair ❑ Poor ❑ School needs ❑ Relatives/Ethnic Amenities: ❑ Childcare ❑ Other special needs ❑All occupants to move to the same dwelling?(if not,explain in notes) TEN' Replacement dwelling preference: ❑ Rent ❑ Buy Rent terms: ❑ Month-Month ❑ Lease,months left: Can relocate from: ❑ Neighborhood ❑ City ❑ County ❑ State ❑ Rent reduced in exchange for service ❑ Unit furnished by tenant Preferred relocation areas: Monthly contract rent:$ Security deposit:$ HQIE© AIER Landlord/manager name/ph: Lot Size(sq ft): Date purchased: Age(yrs): ❑Written rental agreement available? ❑ Rent receipts available? ❑ Own clear with no mortgages/loans #of stories: ElReceiving Section 8 or other housing assistance? 1st Loan Information ! 2nd Loan Information Caseworker name/ph: Lender: Lender: Monthly tenant portion of rent: $ Loan Type(list 5): ;Loan Type(list 5): Annual family/child care expenses to allow work: $ Current%Rate: Current%Rate: Annual non-reimbursed medical expenses: $ Principal Balance:$ ,Principal Balance:$ Annual non-reimb, handicapped assistance expenses: $ tRe=maining ginal Date: Original Date: Utilities paid by tenant: Pets: onths: (Remaining months: ❑ Gas: $ nthly P&I payment: 'Monthly P&I payment: i�l ❑ Electric: $ Energy source: Gas Electr Oil Other i1�IIiIL�HtIE �^ �.. ❑Water: $ Cooking Stove: ❑ ❑ ❑ Pad space: ❑ Rent ❑ Own Coach: ❑ Rent ❑ Own ❑ Sewer: $ Water Heater: ❑ ❑ ❑ Pad rent:$ Make/Model: ❑ Trash: $ Space Heat: ❑ ❑ ❑ Coach length(ft): Year: ❑ NONE Air Conditioning: ❑ ❑ ❑ Coach width(ft): Decal#: Item 3. — 69 errand, Pacif c&Cutler, Inc. (081g8I HB -104- Page 2 IN �,, ��6TE't4 �. \ice all � .. a ��rcumstar ceOn� ding th�ase�t�tit6d page��,.: 11 1.Relation: Spouse,Child,Foster Child,Parent,Partner,Sibling,Aunt/Uncle,Cousin,Grandparent,Parent In-Law,Sibling In-Law,Other Relative,Roommate 2.Income: Wages/Salaries,Social Security/Disab/Pension,Child Support/Alimony,Welfare/TANF/AFDC,Family Subsidy/Gift,Business Income, Interest/Dividends,Unempl./Workers Comp,AF pay,EITC,Cash Income,Rent Reduction,Other 3.Legal Status:Unknown,Citizen/National,Lawful Other,NOT Lawful,Decline to provide. 4.Dwelling: SFR,Duplex,3-Plex,4-Plex,Apartment,Condo/Townhome,Hotel/Motel,Mobile Home,RV,Other 5.Loans: Fixed Mortgage,Adjustable Mortgage,Interest Only,Fixed HELOC,Adjustable HELOC,Reverse Mortgage,Other �c+ertiir cupants h04 a nia.�t w�. t`©1(1C�et3�.:©f ►5 i !"Y£ , 1 �I'U cyl7 Qm lei. ` e,i? Ill( fit Claimant Name: Date: Signature: v 1080-2003 Overland,Pacific&Cutler, Inc. 108108} NB -105- Item 1 - 70 EXHIBIT B GENERAL INFORMATION NOTICE Item 3. - 71 HB -106- June 24, 2011 Dear Mr. and Ms.. The City of Huntington Beach ("City")may be interested in acquiring a portion of the property you currently occupy at 80 Huntington Street,Space 102 in the event a street widening project, the "Atlanta Avenue Widening Project" (Project), moves forward. If it is necessary for the City to acquire your property in the form of a mobile home coach, and you are displaced, you will be eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA.), and California Relocation Assistance Law (Sec 7260 et, seq. of the CA Government Code). IN NO EVENT DOES THIS LETTER SUGGEST AND IT SHOULD NOT BE INTERPRETED IN ANY WAY THAT THIS PROJECT IS GOING FORWARD OR THAT YOU ARE REQUIRED TO RELOCATE AT THIS TIME. This is not a notice to vacate the premises or a notice of relocation eligibility BUT IS NOTICE THAT THE CITY IS PREPARING A RELOCATION PLAN AND AS SUCH IS PROVIDING-NOTICE THAT YOU MASS BE INTERVIEWED . The City has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPC) to represent and assist the City regarding this proposed project. In the event the project moves forward, the City is preparing a Relocation Plan in order to assess and better plan for the relocation needs in the event a household is displaced. In order to prepare this Relocation Plan, OPC staff would life to meet with you to assess your individual relocation heeds. It is important that the City understands your individual housing needs and situation, to develop a proper Relocation Plan, OPC staff will be available to answer your immediate questions regarding any relocation process that may take place. Please call the relocation consultant identified below to make an appointment that is convenient for you. Laura Kane (800)901-5263 Again,this notice is preliminary and sent to you as a State and Federal legal requirement, If you pay rent, you should continue to pay your monthly rent. Failure to pay rent and meet your obligations as a tenant may be cause for eviction and loss of relocation assistance. Please contact us before you make any plans to sell or relocate, as such a decision may afffect eligibility to receive relocation assistance in the event the project moves forward. @ 1980.2010 overland,Pacific&Culler,Inc. (03110) W v Page 1 1-18 .107_ Item 3. - 72 If the project moves forward, and you are eligible for relocation assistance,the City will provide you with additional assistance, including referrals to replacement housing and at least 90 days advance written notice of the date you will be required to move. You would also receive a payment for moving expenses and may be eligible for financial assistance to help you rent or buy a replacement dwelling. Note that pursuant to Public Law 105-117, aliens not lawfully present in the United States are apt eligible for relocation assistance, unless such ineligibility would result in exceptional hardship to a qualifying spouse,parent,or child. All persons seeking relocation assistance will be required to certify that they are a United States citizen or national, or an alien lawfully present in the United States. If you have any questions about this or any other relocation issues, please contact me at the address and the phone number below. Sincerely, A"k Michele Polk,SR/WA,R/W-RAC Principal/Vice President Overland, Pacific•& Cutler,Inc. 20 Fairbanks, Suite 178 Irvine, CA 92618 (949) 951-5263 Delivered on/by: / Received by X Posted oniby: I Recipient's Signature Mailed/receipt received on: ! Date 1980-2010 Overland,Pacific&Cutler,Inc. (03/10) Page 2 Item 3. - 73 HB -108- EXHIBIT C HUD INCOME LEVELS - ORANGE COUNTY The following figures are approved by the U. S. Department of Housing and Urban Development (HUD) for use in the County of Orange to define and determine housing eligibility by income level. >ON R�2 a,0 Area i Family Size Extremely Low Very Low Lower 1 Person 19,400 32,350 51,700 2 Person 22,200 36,950 59,100 3 Person 24,950 41,550 66,500 4 Persons27,700 46,150 73,850 5 Person 29,950 49,850 79,800 6 Person 32,150 53,550 85,700 7 Person 34,350 57,250 91,600 8 Person 36,600 60,950 97,500 Figures are per the Department of Housing and Urban Development (California), updated in 2011. HD -109- Item 3. - 74 EXHIBIT D SIDENTIAL INFORMATIONAL BROCHURE Item 3. - 75 HB -1 lo- .�' � i 4 'a P � h Asses a �, \ M tona S teme' , F2',"p",'," i I i -an- divin' -,,,,o _� ' NI es (Federal) Displacing Agency: City of Huntington Beach Project Name: Atlanta Avenue Widening Project Displacing Agency Representative: Overland, Pacific & Cutler, Inc. 20 Fairbanks, Suite 178 Irvine, CA 92618 MCA Phone: 1-8001901-5263 Informational Statement Content: 1. General Information 2. Assistance In Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment - Tenants And Certain Others 5. Section 8 Tenants 6. Replacement Housing Payment— Homeowners 7. Qualification For And Filing Of Relocation Claims 8. Last Resort Housing Assistance 9. Rental Agreement 10. Evictions 11. Appeal Procedures — Grievance 12. Tax Status of Relocation Benefits 13. Legal Presence Requirement 14. Non-Discrimination and Fair Housing 15. Additional Information And Assistance Available Spa�lish akq Iepresentative ary a cable. Si necesita es inf `scion e l ol,pt. #tvo .1. e a su i,presentante O 1980-2010 Overland,Pacific&cutler,Inc. (03/10) 11B -111- Item 3. - 76 (Federal) 1. GENERAL INFORMATION The dwelling in which you now live is in a project area to be improved by, or financed through, the Displacing Agency using federal funds. If and when the project proceeds, and it is necessary for you to move from your dwelling,you may be eligible for certain benefits.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 the relocation benefits you may receive under the federal law.You will need to provide adequate and timely information to determine your relocation benefits.The information is voluntary,but if you don't provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland,Pacific&Cutler,Inc.(OPC)to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE FOUR DWELLING. However, if you desire to move sooner than required,you must contact your representative with Overland,Pacific&Cutler,Inc., so you will not j eopardize 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 Displacing Agency'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 may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. 2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Displacing Agency,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 housing yourself. 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. 3. MOVING BENEFITS If you must move as a result of displacement by the Displacing Agency, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods: • A Fixed Moving Payment based on the number of rooms you occupy(see below); or • A payment for your Actual Reasonable Moving and Related Expenses based on at least two written `-" "-"0 Overland,Pacific&Cutler,Inc. (03/10) Page 2 Item 3. - 77 HB -112- estimates and receipted bills; or • A combination of both(in some cases). For example, you may choose a Self Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below,plus contract with a professional mover to transport your grand piano and/or other items that require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. . ,ram A. Fixed Moving Payment (Self Move) �Cesd� ., ff A Fixed Moving Payment is based upon the number of rooms CLI RNIA ' W 400 you occupy and whether or not you own your own furniture. Occupant owns furniture: The payment is based upon a schedule approved by the 1 room $625 Displacing Agency,and ranges,for example,from$400.00 for 2 rooms $800 one furnished room to $2,150.00 for eight rooms in an 3 rooms $1,000 unfurnished dwelling. (For details see the table). Your 4 rooms $1,175 relocation representative will inform you of the amount you are 5 rooms $1,425 eligible to receive, if you choose this type of payment. 6 rooms $1,650 7 rooms $1,900 If you select a fixed payment, you will be responsible for 8 rooms $2,150 arranging for your own move,and the Displacing Agency will Each additional room $225 Occupant does NOT own furniture assume no liability for any loss or damage of your personal 65 400 property.A fixed payment also includes utility hook-up,credit 1 room $ check and other related moving fees. Each additional room $65 B. Actual Moving Expense(Commercial Move) If you wish to engage the services of a licensed commercial mover and have the Displacing Agency 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 maybe required, and assist you in developing a"mover" scope of services for Displacing Agency approval. 4. MOBILEHOME TENANTS AND CERTAIN OTHERS - REPLACEMENT HOUSING PAYMENT You may be eligible for a payment up to$5,250.00 to assist in renting or purchasing a comparable replacement dwelling. In order to qualify,you must either be a tenant who has occupied the present dwelling for at least 90 days immediately prior to the initiation of negotiations or an owner who has occupied the present dwelling between 90 and 180 days immediately prior to the initiation of negotiations. A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over a forty-two(42)month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent(30%)of your monthly household income if your total gross income is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD)Annual Survey of Income Limits for Public Housing and Section 8 Programs. 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. 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- ©1980-2010 Overland,Pacific&Cutler,Inc. (03/10) HB -113- Item 3. — 78 recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for this payment. 5. SECTION 8 TENANTS When you do move,you may be eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation representative will provide counseling and other advisory services along with moving benefits. 6. MOBILEHOME HOMEOWNERS - REPLACEMENT HOUSING & MOVING PAYMENTS A. Replacement Housing Option - If you own and occupy a mobilehome to be purchased by the Displacing Agency for at least 180 days prior to the initiation of negotiation, you may be eligible to receive a payment of up to $22,500.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the Displacing Agency purchased your mobilehome, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Displacing Agency as necessary to purchase a comparable replacement dwelling. Your relocation representative will explain both methods to 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. 3. Incidental Expenses-Those one time incidental costs related to purchasing a replacement unit, such as escrow fees,recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - 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 the amount that you could have received under the Purchase Price Differential,explained above. 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. C. Space Rent Differential- If you decide to purchase another mobile home or move your mobile home, you may be eligible for additional assistance to cover any increased space rent at the facility to which you relocate.Your maximum rental assistance benefits will be based upon the difference over a forty-two(42) month period between the rent and estimated utilities you must pay for a comparable replacement dwelling (as determined by the Displacing Agency) and the lesser of your current rent and average utilities or thirty percent (30%) of your gross monthly household income (if your household income is classified as"low income"by the U. S.Department of Housing and Urban Development's Annual Survey of Income Limits for the Public Housing and Section 8 Programs.) --- --"0 Overland,Pacific&Cutler,Inc. (03/10) Page 4 Item 3. - 79 HB -114- This space rent differential payment may be used to lease a replacement site; may be applied to the purchase price of a replacement site; or may be applied, with any replacement housing payment attributable to the mobile home, to the purchase of a replacement mobile home or conventional "decent, safe and sanitary"dwelling. D. Moving Option - If your coach is movable and you elect to have the Displacing Agency move your coach to another park, the Displacing Agency will pay for the following: 1. Preparation of your coach for moving; 2. Transport of your coach to a new site (within 50 miles); 3. Set-up of your coach at the new location (including code required modifications such as earthquake strapping); 4. Reconstruction or reinstallation of all appurtenances such as porches, awnings and/or storage buildings; which are not acquired; 5. Payment of all fees for reinstallation; 6. Space Rent Differential, as described above; and 7. Other expenses which the Displacing Agency deems to be reasonable and necessary. NOTE: The cost of replacing landscaping and hardscape improvements is not covered. 7. QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS To be eligible for a replacement housing payment described above, you must purchase or rent and occupy a decent, safe and sanitary replacement dwelling within 12 months from the later of the following dates: 1)the date the Displacing Agency has paid the Acquisition cost of your current dwelling, or 2) the date the first comparable replacement dwelling referral has been made available to you. You must also file all claims for replacement housing or moving payments within 18 months from the later of the following dates: 1)the date which you moved from your displacement dwelling, or 2)the date the Displacing Agency has paid the Acquisition cost of your current dwelling. Failure to occupy the replacement dwelling or to submit claims within the above time limits could result in loss of moving and/or replacement housing benefits. 8. 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 Displacing Agency 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. O 1980-2010 overland,Pacific&Gutter,Inc. (03/10) HJ3 -115- Item 3. - 80 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 and eligible incidental expenses of the home you intend to purchase. 9. RENTAL AGREEMENT As a result of the Displacing Agency's action to purchase the property where you live,you may become a tenant of the Displacing Agency. 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. 10. EVICTIONS Eviction for cause must conform to applicable State and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations,is presumed to be entitled to relocation benefits, unless the Displacing Agency determines that: • The person received an eviction notice prior to the initiation of negotiations and, as a result, was later evicted; or • The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease; and • The eviction was not undertaken for the purpose of evading relocation assistance regulations. Except for the causes of eviction set forth above,no person lawfully occupying property to be purchased by the Displacing Agency will be required to move without having been provided with at least 90 days written notice from the Displacing Agency. 11. APPEAL PROCEDURES - GRIEVANCE Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Displacing Agency's Relocation Assistance Program may have the appeal application reviewed by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 12. TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law,Part 10(commencing with Section 170 01)of Division 2 of the 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. Furthermore, federal regulations (49 CFR Part 24, Section 24.209)also indicate that no payment received under this part(Part 24)shall be considered as income for the purpose of the Internal Revenue Code of 1954,which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used,for the purpose of(i)avoiding tax-related penalties under the Internal Revenue Code or (ii)promoting marketing or recommending to another party any matters addressed herein) - -- --"0 Overland,Pacific&Cutler,Inc. (03/10) Page 6 "- Item 3. - 81 HB -116- 13. LAWFUL PRESENCE REQUIREMENT In order to be eligible to receive relocation benefits in federally-funded relocation projects, all members of the household to be displaced must provide information regarding their lawful presence in the United States. Any member of the household who is not lawfully present in the United States or declines to provide this information may be denied relocation benefits,unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence.Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety,continued existence of the family unit,and any other impact determined by the Displacing Agency to negatively affect the alien's spouse,parent or child.Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the US. 14. NON-DISCRIMINATION AND FAIR HOUSING No person shall on the grounds of race,color,national origin or sex,be excluded from participation in,be denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti-discrimination and fair housing laws.You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 15. 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 appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation representative at Overland, Pacific & Cutler. O 1980-2010 Overland,Pacific&Cutler,Inc. (03/10) Hg -117- Item 3. - 82 EXHIBIT E PUBLIC COMMENTS AND RESPONSES Item 3. - 83 xB -118- ..........- P IV f 30, COMMENT LETTER Hart,,King 3r & Coldren y 'Reg ived October',"'I, 2011) A MM , .. ............ M At ".0 A IT -1v '5 84f HB -1 19- - Item 3. HK& C HART, KING & COLDREN Boyd L.Hill bhill@hkclaw.com October 6, 2011 Our File Number:36608.005/4843-6821-8123v.1 VIA FACSIMILE AND FEDERAL EXPRESS (714) 375-5087 i F, J-Vi Ms. Tina Krause, Real Property Agent Economic Development Department r}` '_� 2011 City of Huntington Beach D+F;`i 2000 Main Street r�,,�,;�,�., f::`.:aa; �,r Huntington Beach, CA 92648 g�``' `` " -LOP?AFN1 Re: Atlanta Avenue Widening Project("Project') Comments on draft Relocation Plan ("Plan") Dear Ms. Krause: We represent the owners of the Pacific Mobilehome Park, whose residents would need to be relocated under the proposed Relocation Plan. This letter constitutes the Park Owners' comments on the City's Relocation Plan for the Project. The City should not act on the Plan or approve the Plan for the following reasons: 1. The Plan does not contain the City's promised CEQA review of the physical environmental effects of relocation of the Park residents. Page 6 of the draft Plan concedes that there likely will be physical relocation of residents-and of their homes under the,-Plan. The draft Plan does not specify replacement housing for those residents and does not study the environmental effects of removing existing homes and residents and of, providing such replacement housing. The displaced residents will include four very low income households. 2. Assuming that the City did include CEQA review of the Plan, that review would still be insufficient. The City should have conducted CEQA review of the entire Project and all of its components, including the Plan, at the time of the City's review of the Project Negative Declaration. Any City review of the environmental impacts of the Plan alone would result in piecemeal review of the Project's physical environmental impacts so that their cumulative effects are not considered. 3. The City's budget of $240,000 discussed on page 20 of the Relocation Plan is woefully inadequate to fund the purchase of eight replacement mobile homes at the replacement mobile home median prices listed on page 7 of the Plan. Furthermore, that budgeted amount fails to take into consideration additional benefits such as purchase price differential payments for higher home prices, rental assistance for higher rental rates, and moving costs that will be required under the Plan (see benefits discussion on pages 11-14). The Plan expressly concedes that the budget does not include the cost of any payments for the purchase of mobile homes or the costs of any services necessary to implement the Plan or complete the relocation element of the Project. Therefore, the budget is useless as a planning tool for the City. A Professional Law Corporation 200 Sandpointe, Fourth Floor, Santa Ana, California 92707 Ph 714.432.87001 www.hkciaw.com I Fx 714.546.7457 Item 3. - 85 HB -120- . HART, KING & COLDREN City of Huntington Beach Re: Atlanta Avenue Widening Project October 6, 2011 Page 2 Rather than hastily act on an inadequate Relocation Plan without an adequate budget and without adequate environmental review, the City should instead prepare a new Plan with a realistic budget, vacate its Mitigated Negative Declaration for the Project, and study the entire Project in a complete and focused EIR. Should the City approve the Plan at its November 7, 2011 meeting, the City risks that implementation of the Plan will be enjoined once the Court overturns the City's inadequate Mitigated Negative Declaration in December 2011, Sincerely, HART, KING & COLDREN Boyd L.#ill 36608.005/4843-6821-8123v.1 HB -121- Item 3. - 86 . � 'MRPWP xx F s A` Y ; z w� � �,A 'u 0 E Aw r z 4 "AT l a s 3 e f - S.,- AN- Ak in w� #C �v x w ..: ti s ro x ! � a 1 id 14 "a All 444 Al p. 101 All I ji, OF 's� 5 � � y MkC Ml 1 IF a t #m h, aa a. wy Item 3 87olk ,HB -1 2? ,; _ ,�. s.. - �,� w. RESPONSE TO COMMENT LETTER #1 Response to Paragraph No. 1, Sentence 1: Pacific Mobile Home Park, LLC ("Pacific") is the owner of Pacific Mobile Home Park (the "Park"). Pacific's attorney is Hart, King & Coldren ("HKC"). The HKC letter states that the Relocation Plan ("Plan") for the proposed Atlanta Avenue Widening Project ("Project") should not be acted on or approved as it "does not contain the City's promised CEQA review of the physical environmental effects of relocation of the Park residents." 1. The Plan does not propose or specify a relocation project. Therefore, there are no physical environmental effects to evaluate and no environmental review pursuant to CEQA would be necessary. On January 18, 2011, the Huntington Beach City Council approved MND No. 09-001 pursuant to CEQA for the Project. Response to Paragraph No. 1, Sentence 2: The HKC letter states that "Page 6 of the draft Plan concedes that there likely will be physical relocation of residents and of their homes under the Plan." 1. It is assumed that this comment refers to Section II-B.6, entitled "Preferred Relocation Areas, " of the Plan. This section states that the eight households directly affected by the proposed Project "may have to be permanently relocated from Pacific Mobile Home Park. " The Plan concludes, however, that "there are adequate numbers of replacement housing units to accommodate the eight mobile home households that may be displaced" (see Section III-B.1). Although the Plan provides several possible options for the relocation of the residents that would be directly affected in the event the proposed Project is implemented, Section IV-B, entitled "Relocation Benefits, " of the Plan clearly states "that current zoning and building codes in California practically make it impossible for an older mobile home to be moved and reestablished at another location." Furthermore, discussions with Pacific have made it clear to the City that it would be highly unlikely that the eight directly impacted mobile homes would be relocated to other locations within the Park. The comment is therefore inaccurate in stating that there will likely be physical relocation of homes under the Plan. Response to Paragraph No. 1, Sentence 3: The HKC letter states that "the draft Plan does not specify replacement housing for those residents and does not study the environmental effects of removing existing homes and residents and of providing such replacement housing." 1. As stated on Page S of the Plan, "one of the primary purposes of a Relocation Plan is to demonstrate the availability of comparable, affordable, decent, safe, and sanitary housing prior to the displacement of residential occupants. " Consequently, Section III-B, entitled "Replacement Housing Availability," of the Plan provides a summary of the available replacement housing as of the date the survey was 1 HB -123- Item 3. - 88 pef formed by the City's relocation consultant. Replacement housing needs, as expressed in the Plan, are defined by the total number of required replacement units and distribution of those units by bedroom size. In terms of the eight households that would be displaced in the event the proposed Project is implemented, the Plan determined the replacement housing needs to be two (2) one-bedroom mobile homes, five (5) two-bedroom mobile homes, and one (1)four-bedroom mobile home. As a result of a survey of all mobile homes listed for sale and located in the City and its surrounding communities, it was determined that there were twelve (12) one- bedroom mobile homes, fifty-three (53) two-bedroom mobile homes, and eight (8) four-bedroom mobile homes available for sale at the time the survey was performed. The environmental effects of removing existing homes and residents were analyzed in the approved AND No. 09-001 for the proposed road widening project. The MND ensured replacement housing with implementation of a mitigation measure requiring relocation in accordance with the Uniform Relocation Act. Specifically, the approved AND No. 09-001 required that, "As soon as feasibly possible, the City shall commence with acquisition and relocation in accordance with the provisions of the Uniform Relocation Act and other applicable laws. Notification to and discussions with the impacted property owner and residents shall occur as soon as feasibly possible pursuant to the Uniform Relocation Act. The City shall ensure that a relocation plan is prepared prior to final project plans and relocation is implemented in accordance with the Uniform Relocation Act. " The City is proceeding as required by the approved AND No. 09-001 as evidenced by the preparation of this Plan. In the event the Plan is approved and the proposed Project is implemented, the City would provide the owners of the eight mobile homes directly affected by the proposed improvements with detailed information regarding their relocation benefits. The City's relocation consultant would then proceed to work with these mobile home owners to determine which of the Plan's relocation options would best meet the needs of each household on a case by case basis. To the extent that any relocation option would result in a project with the potential to result in adverse environmental impacts, the City would conduct an assessment of such impacts pursuant to CEQA. Response to Paragraph No. 1, Sentence 4: The HKC letter states that"the displaced residents will include four very low income households." 1. Comment acknowledged; see Section II-B.3 of the Plan. Response to Paragraph No. 2: The HKC letter states, "assuming that the City did include CEQA review of the Plan, that review would still be insufficient. The City should have conducted CEQA review of the entire Project and all of its components, including the Plan, at the 2 Item 3. - 89 HB -124- time of the City's review of the Project Negative Declaration. Any City review of the environmental impacts of the Plan alone would result in piecemeal review of the Project's physical environmental impacts so that their cumulative effects are not considered." 1. The City did conduct a CEQA review of the entire Project and all of its components as described in the Project proposal and evidenced by the approved MND No. 09-001. Pacific and its attorney, HKC, have asserted the same claim of inadequate environmental review in Pacific's pending lawsuit regarding the MND, entitled Pacific Mobile Home Park, LLC v. City of Huntington Beach, Orange County Superior Court Case No. 30-2011-00449749. Whether Pacific is correct will be adjudicated in that case. Response to Paragraph No. 3: The HKC letter states, "the city's budget of$240,000 discussed on page 20 of the Relocation Plan is woefully inadequate to fund the purchase of eight replacement mobile homes at the replacement mobile home median prices listed on page 7 of the Plan." The remainder of the paragraph expands upon this point. 1. The City's estimated relocation budget of$240,000 excludes the cost to purchase the mobile homes, land acquisition costs, and any fees for appraisals or relocation implementation services. The estimated budget discussed on page 20 of the Plan assures the availability of the funds necessary to pay eligible relocation benefits to anyone displaced from the project site and a commitment by the City to allocate these funds to the relocation process in the event the proposed Project is implemented. 2. The relocation budget discussed in the Plan is limited to the estimated relocation benefits for which the displacees will be eligible. These include: moving expense payments to relocate personal property from the displacement site, purchase price differential payments, incidental expense payments (related to the purchase of a replacement dwelling), mortgage interest differential payments, and rental assistance payments (related to the space rent). 3. The City has separately estimated the fees for appraisal, land acquisition, and relocation services, the acquisition costs related to the purchase of the eight mobile homes directly affected by the proposed Project, and eligible real estate closing costs. This together with the estimated relocation budget, construction costs, etc., gives the City a total estimated Project budget. However, the Plan was not intended to provide the overall Project budget, but specifically those costs related to relocation benefits. 3 HB -125- Item 3. - 90 a lk x lk N, 4z 4 A ot AM . . ......40 -ell 4V OF -40 .1151 M -Y t '6 `R�41 '04 OK mu\ A-1 weR* q 4, Al WO, F 4� voll -S, v TF� E xrr co MENTLE # O't 0 od"Stdik'a' Ili Jim Rk v w 'eceived Odo V-e al i 1114; 0 11)" L IA, Wi lk� Mc W, o' -gO A, op Illy,I"'I'l A "0 Ig 0" ;t m 4 XV, 0 I a 0- T", All v? la. kwl�x W 0 r 23 P V, -7 Au gg IF 7111�11�rll -,"i" A'V A n ow, a n'X voit, *-RW # v. Item 3. 91 '6 st RESPOSE TO DRAFT RELOCATION PLAN City of Huntington Beach Submitted by Rod Stolk and Jim Rock Pacific Mobile Home Park City of Huntington Beach Economic Development Attn: Tina Krause Tina, After review of the draft relocation plan for Atlanta widening, we need to point some issues/ flaws that are inherent to the plan, and if implemented, would allow the city to greatly reduce the quality of our housing and lives as a result of a forced relocation. Section II, "Assesement of Relocation Needs". In this section, the basis for replacement housing is based on the following criteria: "Replacement housing needs, as express in this Plan, are defined by the total number of required replacement units and distribution of those units by bedroom size" Essentially, this states, we have 8 homes to replace, and they have between 1 and 3 bedrooms, we will replace with a home with the same amount of bedroom space. Of course, we need the same number of rooms we have now, however there is much more than MUST be considered on our relocation requirements. We strongly disagree with this premise as the sole / primary basis for replacement housing. If this is the primary criteria, it's absolutely 100% flawed, and is extremely unfair. In our case, the amenities of our homes, such as location in the City itself, the location in the park, our lot size, and the specific features of our homes that are directly related to the quality of our lives and housing, and must be considered in this relocation plan. For example, both the Stolk and Rock residences have oversized lots,(some of the largest in the park), that allow us to have substantial yard and patio space in our homes. In addition, this space allows us substantial storage space, basically, overall much more living space, and general higher quality of life than the vast majority of the homes in the park. This is not an accident, as both the Rocks and the Stolks made very specific purchase decisions based on these features and amenities, and they do provide for a substantially enhanced living experience for our life styles and families relative to the vast majority of homes Pacific Mobile Home Park. We will not agree that relocating us in any other home in our park or any other park that simply meets the "bedroom size" criteria is acceptable....it is not. We should not have to downgrade our living arrangements and lifestyle in order to provide the city our homes for an unnecessary project. HB -127- Item 3. - 92 Section III, Relocation Resources Bottom line summary in this section, simply states that there are many mobile homes available in Huntington Beach that are for sale, and meet the criteria for relocation, and there is "more than adequate housing available for any of the residential occupants" THIS 100%, ABSOLUTEY, POSITIVELY, NOT TRUE. Yes, there are mobile homes for sale in the the City of Huntington Beach, and yes, there are units available for sale in Pacific Mobile Home Park, HOWEVEFR according to our knowledge of what is currently available for sale in Pacific Mobile home park, the units are far substandard to our units from many perspectives. In addition, the location and rent discrepancies of the next closest mobile home park to PMHP are 100% not acceptable to us. It seems logical, that under the circumstances, the City needs to consider other housing, such as condominiums that are located just adjacent to Pacific Mobile home park, or replacing the units that are for sale in the park with new units, that would offer the same quality of housing, life and amenities we currently have. It is 100% unacceptable for the City to force us into housing and a lifestyle that is substandard to what we currently have. Please modify the relocation plan to include provisions that do not allow the City to downgrade our housing or lifestyle due to forced relocation. Rod Stolk & Jim Rock Pacific Mobile Home Park Item 3. - 93 HB -128- VP L,for >. "g FW SE Pill Ov JS Ing i is i. y t. E t loin w lov Li Rl �x \ z 03 �. ji 2 \ 4� I1T' f m A RIP In INS it "It Or �.' lot g x' at Vol A-pis • spa too "t: '• 3 � r �,,• '§is MW fill ITS x� k K Milk, I Tv 411 # lk 3 ff mg IA vk Olt 4 �.. ,. „ m HL1129il tem 3 94 RESPONSE TO COMMENT LETTER #2 Response to Section II, "Assessment of Relocation Needs": At the time a Relocation Plan is prepared, a market survey is conducted to identify dwellings available on the market for purchase that meet the basic definition of "comparable," which is "functional equivalence." Depending on how long it is between the time a Relocation Plan is prepared and when a project is authorized and moves forward resulting in actual displacements, market conditions and available housing can change. Therefore, at the time a Relocation Plan is prepared, a snapshot of available replacement housing matching the functional equivalence of the displacement dwellings is secured. The basis for replacement housing is comparable replacement housing(as defined in Section IV- AA on pages 9 and 10 of the Relocation Plan) at the time of actual displacement. Criteria considered when evaluating comparable housing include the requirements listed in the federal Uniform Relocation Act: (a) The unit is decent, safe, and sanitary - electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit is adequate in size and is comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space as necessary to accommodate the displaced person. The unit is functionally equivalent, including principle features. (b) The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man-made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person's place of employment. (c) The unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion, or national origin. Comparable housing does not include consideration of"style of living," which was specifically removed from the definition of comparable housing by the federal agencies. A comparable dwelling also need not possess every feature of the displacement dwelling per the Uniform Relocation Act. With that being said, at the time of actual displacement, every reasonable effort will be made to identify comparable housing sharing as many attributes as the displacement dwelling as possible. 1 Item 3. - 95 xB -130- In addition, the appraised value of each of the displacement dwellings will reflect features, if applicable, such as unusually large lots, location to amenities, improvements and upgrades to the dwellings, etc., which should reflect a higher value. The money paid to an owner of a mobile home to acquire their home can be used by the owner to secure replacement housing of the owner's choice, including a conventional dwelling, with further assistance to be offered through relocation benefits. Response to Section III, "Relocation Resources": Please refer to the Response to Section II above. In addition, assistance will be offered to the mobile home owners by the City's relocation consultant to identify available comparable housing as close to the Project site as possible, which may or may not include units within Pacific Mobile Home Park depending on availability and comparability. Once a comparable dwelling meeting federal requirements has been identified, and a Replacement Housing Payment entitlement has been calculated based on the most comparable dwelling, a displacee may choose to ultimately move to any dwelling of his/her choice. However, relocation payments will be calculated based on the maximum eligibility established by the comparable dwelling. The desires of individual mobile home owners regarding the location and type of replacement housing will be taken into consideration within the parameters of federal relocation law. Rent "discrepancies" at an alternate mobile home park, if a comparable unit is identified within that park, will be handled via a rental assistance payment as described in Section IV-B.3 on page 14 of the Relocation Plan. 2 1413 -1 31- Item 3. - 96 ATTACHMENT #2 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 Manager or designee (designee must not be the person/relocation firm that made the initial determination) having authority to. revise the initial determination on the relocation claim. The City shall make a summary of the matters discussed in the oral presentation to be included as part of its file. Page 1 of 5 Item 3. - 97 HB -132- 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 City Manager or designee. The complainant may include in the request for review any statement of fact within the complainant's 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 City Manager or designee 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 City Manager or designee 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 City Manager or designee The City Manager or designee 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 City Manager or designee shall, after public hearing, transmit his/her findings and recommendations to the City Council, including any recommendations for modifications of the City's initial determination. 4. Scope of Review The City Manager or designee shall review and consider the initial determination of the City in the complainant's 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; Page 2 of 5 HB -133- Item 3. - 98 (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 City Manager or designee in his/her discretion, obtains by request, investigation, or research, to ensure fair and full review of the claim. 5. Findings and Recommendations by City Manager or designee The findings and recommendations of the City Manager or designee shall include: (a) The determination of the City Manager or designee 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 City Manager or designee, 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 City Manager or designee will be transmitted to the City Council for final administrative decision with respect to the claim. The findings and recommendations of the City Manager or designee shall be in writing and copies thereof shall be provided to the complainant and transmitted to the City Council. The City Manager or designee shall issue findings and recommendations as soon as possible, but no later than six (6)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 City Manager or designee, the City Council shall review and reconsider the initial determination of the City on the claim. The Page 3 of 5 Item 3. - 99 HB -134- 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 City Manager or designee, 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 Council's 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. 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 City Manager or designee. In the case of complaints dismissed due to untimely submittal or for 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. Page 4 of 5 FIB -135- Item 3. - 100 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. VI I. 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. VIII. 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 claimant's grievance. The City may impose reasonable conditions on such right to inspect. 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 preclude or limit a claimant from seeking judicial review of the claim upon exhaustion of such administrative remedies. Page 5 of 5 Item 3. - 101 HB -136- ATTAC H M E N T #3 ATLANTA "ENUE WIDENING PROJECT (HUNTINGTON ST. DELAWARE ST.) Bou;!ll W ADD— AVIll..." PROJECT 'Y5ij AREA 5'-A:ER _j__A-_LANlA AVL ............... TALIERT PACIFIC —E '3 PACI FIC cal MOSILFHOME PARK AN'Aploijs 'kv, [A IA 1,AM,F TON AVE, OCEAN VICINITY MAP OCATION MAP N.T.S. N.T.S. CD