HomeMy WebLinkAboutHeil Avenue Widening Project Relocation Plan and Relocation 9'
Council/Agency Meeting Held: oo7--
Deferred/Continued to:
AAppr ed ❑ Conditionally Approved ❑ Denied ZA"� Ci Ier s Sig t re
Council Meeting Date: 12/17/2007 Department ID Number: ED 07-53
CITY OF HUNTINGTON BEACH
BEQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE-MAYOR,,WQ CITY COUNCIL MEMBERS
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SUBMITTED BY: PENELO E CULBRETH GFkAFT, DPA, CITY ADMINISTRATOR
PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC EVELOPMENT-
TRAVIS K. HOPKINS, PE, ACTING llRECTOR OF PU IC WORKS-
ENGINEERING
SUBJECT: APPROVE THE HEIL AVENUE WIDENING PROJECT RELOCATION
PLAN AND GRIEVANCE PROCEDURES
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The Heil Avenue Widening Project Relocation Plan is submitted for
approval (Attachment #1). Since this right-of-way project will trigger the relocation of
residents, California Relocation Guidelines require the city to approve such a relocation plan.
Included with the Relocation Plan is a procedure for acceptance of any grievances filed by
relocatees during the relocation process (Attachment# 2).
Funding Source: The total cost for relocation related payments for the relocation plan is
estimated at $220,000 and is available from the Traffic Impact Fund, Heil Avenue Street
Widening, Other, Account No. 20690009.81300.
Recommended Action: Motion to:
1. Approve the Heil Avenue Widening Project Relocation Plan; and
2. Approve the Relocation Grievance Procedures for the City of Huntington Beach; and
3. Authorize expenditures as described in the plan for relocation related payments in an
amount not to exceed $220,000.
Alternative Action(s): Do not approve the proposed Heil Avenue Widening Project
Relocation Plan and accompanying Grievance Procedures thereby terminating the right-of-
way project.
Heil Avenue Widening Project
B. PROJECT SITE LOCATION AND DESCRIPTION
The Project site is on Heil Avenue generally bordered by Beach Boulevard to the east, Heil
Avenue to the south, Silver Lane to the west and Alhambra Drive to the north. (See Figure 2:
Project Site Location) The Project area of construction is approximately 2.1 acres. This consists
of the entire width of Heil Avenue from Silver Lane to Beach Boulevard. Due the nature of the
proposed improvements and the impact on the subject properties, there will be three properties
fully acquired and four properties requiring partial acquisitions. Three residential properties
within the Project site require acquisition of all improvements, including two single-family
residences and one duplex.
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Figure 2: Project Site Location
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Heil Avenue Widening Project
C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS
According to the 2000 U.S. Census, the population of the City of Huntington Beach is 189,594,
and the population of the impacted Census Tract is 129 (see Table 1). Corresponding Census
data concerning the housing mix is shown in Table 2.
TABLE 1: 2000 Census Population-Cityof Huntington Beach & Impacted Tract
Population Tract 994.10 % City %
Total Population 129 100.0% 189,594 100.0%
White 75 58.1% 150,194 79.2%
Black or African American 0 0.0% 1,527 0.8%
American Indian or Alaska Native 0 0.0% 1,224 0.6%
Asian 29 22.5% 17,709 9.3%
Native Hawaiian or Other Pacific Islander 5 3.9% 456 0.2%
Some Other Race 16 12.4% 11,019 5.8%
Two or More Races 4 3.1% 7,465 3.9%
Hispanic or Latino (of Any Race) 30 23.3% 27,798 14.7%
Source:U.S.Census Bureau, QT-PL.Race,Hispanic or Latino,and Age:2000
TABLE 2: 2000 Census Housing Units-City of Huntington Beach & Ian acted Tract
Type Tract 994.10 % City %
Total Units 40 100.0% 75,662 100.0%
Owner-Occupied 7 18.9% 44,658 59.0%
Renter-Occupied 30 81.1% 28,999 38.3%
Vacant Housing Units 3 100.0% 2,005 2.7%
Available for Sale Only (of Total Vacant 3 100.0% 412 20.5%
Units)
Available for Rent-Full Time Occupancy 0 0.0% 602 30.0%
(of Total Vacant Units)
Sold or Rented-Not Occupied 0 0.0% 276 13.8%
Otherwise Not Available (e.g. seasonal, 0 0.0% 516 25.7%
recreational, migratory, occasional use)
Other Vacant 0 0.0% 199 9.9%
Source:U.S. Census Bureau, QT-H1. General Housing Characteristics: 2000
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Heil Avenue Widening Project
II. ASSESSMENT OF RELOCATION NEEDS
A. SURVEY METHOD
To obtain information necessary for the preparation of this Plan, personal interviews with the
residents to be permanently displaced were conducted in May and June 2007 with follow-ups in
August 2007. The interviewer was successful in obtaining survey responses from the three
households in the Project. The data in this section of the Plan are based solely on the
unconfirmed responses of those individuals who participated in the survey.
Inquiries made of the residential occupants concerned household size and composition, income,
mortgage payments, length of occupancy, ethnicity, home language, physical disabilities, and
replacement housing preferences. A sample of the residential interview form used in the
interview process is presented as Exhibit A of this report.
B. FIELD SURVEY DATA
1. Current Occupants
There are three residential households to be relocated for the Project, although technically
there are four units to be acquired. Each side of the duplex (attached units) is occupied
by owners of the property, therefore, they will be treated as one owner-occupied
household. Household characteristics are outlined in Exhibit B of this report. In
addition, one of the households reported an in-home business related to rental props and
costumes for the movie and television industry.
2. Replacement Housing Needs
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 typical replacement housing occupancy standards. These standards,
generally, allow for up to three persons in a one-bedroom unit, five persons in a two-
bedroom unit, seven persons in a three-bedroom unit and nine or more persons in a four-
bedroom unit.
Replacement units required for the Project occupants include a 2-bedroom single-family
residence, a 3-bedroom single-family residence and a duplex with at least 3-bedrooms in
one unit and 2-bedrooms in the other.
3. Income
Income information was provided by all three households. 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 Community Development (HCD), one
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Heil Avenue Widening Project
Project household qualifies as very low income (31%-50% of median), and the other two
Project households qualify as moderate income (81%-120% of median).
4. Ethnicity/]Language
All three households stated their ethnicity as Caucasian and identified English as their
primary household language.
5. Senior/Handicapped Households
There are two households with a senior individual (62 years or older) in the Project, and
one household with reported physical disabilities. The household will most likely need to
be in a single story or first-floor replacement unit due to the physical disability of one of
its members.
6. Preferred Relocation Areas
Two of the three households surveyed expressed a preference to remain in the community
or close surrounding areas in order to maintain current access to employment and medical
facilities.
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Heil Avenue Widening Project
III. RELOCATION RESOURCES
A. METHODOLOGY
For residential housing, a resource survey was initially conducted to identify available homes for
sale within a five-mile radius from the Project site. The following sources were utilized:
-- Contacts with real estate/property management companies serving the community
-- Internet sources for purchase opportunities, including the Multiple Listing Service
-- Driving surveys for "for sale" opportunities
B. REPLACEMENT HOUSING AVAILABILITY
1. Residential Housing for Purchase
Real estate listings were obtained for single-family residences and duplexes for sale in
Huntington Beach and surrounding communities such as Fountain Valley and
Westminster. Available comparable homes for sale were identified and are summarized
in Table 3 below.
TABLE 3: Availability/Cost of Replacement Housingfor Purchase
Type Unit SFR SFR Duplex
Bedroom Size Two Three Three/Two
#Found (#Needed) 6(l) 9(l) 5(1)
Listing Price Range $549,900-$789,000 $529,000-$825,000 $775,000-$810,000
Median List Price $762,000 $650,000 $799,900
2. Summary
Considering the above described availability of replacement housing resources gathered
the last week in August and the first two weeks of September 2007, it appears that there
are more than adequate replacement resources for the residential occupants.
C. RELATED ISSUES
1. Concurrent Residential Displacement
There are no other current public projects causing significant displacements underway in
the City of Huntington Beach or adjacent communities which, presently, would compete
with the Project for needed housing resources. No residential displacee will be required
to move without both adequate notice and access to available affordable decent, safe and
sanitary housing.
2. Temporary Housing
No need for temporary housing is anticipated.
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REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 12/17/2007 DEPARTMENT ID NUMBER: ED 07-53
Analysis:
On May 7, 2007, the City Council approved the first of three acquisitions of residential
property as part of the Heil Avenue Widening Project (CC -1230). This project will require
demolition of these properties and the displacement of the property owners. The estimated
cost to relocate these three households is $220,000. To complete the relocation of the three
households, the city's relocation consultant, Overland, Pacific & Cutler, Inc., prepared the
attached Heil Avenue Widening Project Relocation Plan (Attachment#1).
In conformance with state relocation guidelines, all residents received a notification letter and
a copy of the Heil Avenue Widening Project Draft Relocation Plan on October 24, 2007. The
notification letter indicated that the Heil Avenue Widening Project Draft Relocation Plan for
the property was available for a. 30-day public review. To date, no public comments have
been received. The city may now adopt the relocation plan and initiate relocation activities.
The general purpose of the relocation plan is to describe the circumstances of affected
potential displaced persons and families, the availability of replacement housing, and
programs to provide required technical and financial assistance. To develop the plan, each
household is personally interviewed to gather information appropriate to the determination of
needs and preferences regarding replacement of existing accommodations and facilities.
Prior to any displacement, displacees are provided with referrals for comparable units and
relocation benefits in accordance with the rules and regulations of the California Relocation
Assistance Law. Every reasonable effort will be made to ensure that the relocation process
occurs with a minimum delay and hardship. If the relocation plan is approved by the Council,
the two remaining affected households must be relocated within three months. The third
property owner has already relocated to their replacement property. The City's relocation
consultant is working diligently with the affected households to meet this timeframe ahead of
schedule.
The Heil Avenue Widening Project (CC-1230) will construct the street improvements
necessary to widen the north side of Heil Avenue between Silver Lane and Beach Boulevard
to its full eighty-foot secondary arterial street width. Currently, this segment of Heil Avenue
provides one through-lane in each direction, bike lanes, and a striped median. The widened
street section will provide one additional through-lane in each direction. This project includes
relocation of existing utility poles and the construction of new asphalt pavement, concrete
curb, gutter, sidewalk and street lights. An eight-foot high wall will be constructed along the
proposed northerly right-of-way.
Award of the construction contract is estimated for June 2008 with construction scheduled to
begin shortly thereafter. A map showing the subject property is attached as Attachment 3.
Strategic Plan Goal: C-1 Improve transportation by providing an additional through-lane in
each direction.
Environmental Status: N/A
-2- 11/27/2007 10:30 AM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 12/17/2007 DEPARTMENT ID NUMBER: ED 07-53
Attachment(s):
° o - No ffi o -r No. I ri o 0
1. The Heil Avenue Widening Project Relocation Plan.
2. Relocation Grievance Procedures.
3. Site Map.
-3- 11/27/2007 10:30 AM
ATTACHMENT # 1
a
79 e Heil Avenue Widening Project
FINAL RELOCATION PLAN
Prepared for:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
By:
Overland, Pacific & Cutler, Inc.
10 Hughes, A207
Irvine, California 92618
949-951-5263
November 26, 2007
TABLE OF CONTENTS
INTRODUCTION............................................................................................................................................1
I. PROJECT DESCRIPTION................................................................................................2
A. REGIONAL LOCATION......................................................................................2
B. PROJECT SITE LOCATION..................................................................................3
C. GENERAL DEMOGRAPHIC&HOUSING CHARACTERISTICS...................................4
II. ASSESSMENT OF RELOCATION NEEDS..........................................................................5
A. SURVEY METHOD............................................................................................5
B. FIELD STUDY 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. Residential Housing for Purchase..................................................................7
2. Summary...............................................................................................7
C. RELATED ISSUES..............................................................................................7
1. Concurrent Residential Displacement...............................................................7
2. Temporary Housing...................................................................................7
IV. THE RELOCATION PROGRAM........................................................................................8
A. ADVISORY ASSISTANCE....................................................................................8
B. RELOCATION BENEFITS—RESIDENTIAL OCCUPANTS...........................................9
1. Residential Moving Expenses......................................................................10
2. Replacement Housing Assistance for Homeowners............................................10
3. Rental Assistance to Owner-Occupants Who Choose to Rent.....................................12
4. Benefits for Relocation of an In-Home Business...............................................13
C. DETERMINATION OF COMPARABLE HOUSING....................................................13
D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS 13
E. LAST RESORT HOUSING..................................................................................14
F. RELOCATION TAX CONSEQUENCES..................................................................14
V. ADMINISTRATIVE PROVISIONS...................................................................................15
A. NOTICES.......................................................................................................15
B. PRIVACY RECORDS........................................................................................16
C. GRIEVANCE PROCEDURES...............................................................................16
D. EVICTION POLICY..........................................................................................16
E. CITIZEN PARTICIPATION.................................................................................16
F PROJECTED DATES OF DISPLACEMENT.............................................................17
G. ESTIMATED RELOCATION COSTS.....................................................................17
LIST OF TABLES
TABLE 1: 2000 Census Population—City of Huntington Beach&Impacted Tract................................4
TABLE 2: 2000 Census Housing units—City of Huntington Beach&Impacted Tract............................4
TABLE 3: Availability/Cost of Replacement Housing for Purchase..................................................7
TABLE 4: Schedule of Fixed Moving Payments.......................................................................10
TABLE 5: Computation of Rental Assistance Payments..............................................................12
LIST OF EXHIBITS
EXHIBIT A: Residential Interview Form
EXHIBIT B: Project Households' Characteristics
EXHIBIT C: HUD Income Levels—Orange County
EXHIBIT D: Residential Informational Brochure
EXHIBIT E: Public Comments and Response
Heil Avenue Widening Project
INTRODUCTION
The City of Huntington Beach (the "City") has authorized the preparation of a Relocation Plan to
be undertaken in connection with the commencement of the proposed street improvements
necessary to widen the north side of Heil Avenue between Silver Lane and Beach Boulevard to
its full eighty foot secondary arterial street width. The proposed Project requires the acquisition
of necessary rights-of-way to provide one additional through-lane in each direction. An eight-
foot retaining wall will be constructed along the proposed northerly right-of-way. Existing
improvements located within the area of construction may be relocated or demolished, as
appropriate, in order to facilitate construction of the proposed improvements.
The proposed widening project will potentially cause the displacement of three residential
households, all of which are owner-occupied. The needs and characteristics of the displacee
population, available relocation resources and the City program to provide assistance to each
affected person are general subjects of this Relocation Plan(Plan).
Funding for the Project comes from traffic impact funds and county grant funds. This Plan
conforms to the requirements of the California Relocation Assistance Law, Government Code
Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines
adopted by the Department of Housing and Community Development and Title 25, California
Code of Regulations Section 6000, et seq. (Guidelines).
This Plan is organized in five sections:
1. Project description (SECTION I);
2. Assessment of the relocation needs of persons subject to displacement(SECTION II);
3. Assessment of available replacement housing units within the City of Huntington Beach
and surrounding communities (SECTION III);
4. Description of the City's relocation program (SECTION IV);
5. Description of the City's outreach efforts, Project timeline and budget (SECTION V).
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Heil Avenue Widening Project
1. PROJECT DESCRIPTION
A. REGIONAL LOCATION
The Project is located in the City of Huntington Beach within Orange County. Huntington Beach
is located in the western reach of Orange County, approximately 37 miles southeast of
downtown Los Angeles (City) and is immediately accessible from Interstate 405 and the Pacific
Coast Highway (Hwy 1). Adjacent communities include Newport Beach, Costa Mesa, Fountain
Valley, Westminster and Seal Beach. (See Figure 1: Regional Project Location)
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2
Heil Avenue Widening Project
IV THE RELOCATION PROGRAM
The City's Relocation Program is designed to minimize hardship, be responsive to unique project
circumstances, emphasize maintaining personal contact with all affected individuals, consistently
apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all
applicable requirements.
The City has retained Overland, Pacific & Cutler, Inc. (OPC) to administer the Relocation
Program. OPC has worked on more than 2,500 public acquisition and relocation projects over
the past 26 years. Additionally, OPC has an extensive resume of redevelopment and public
works projects undertaken in the City of Huntington Beach and other Southern California
communities. Experienced City staff will monitor the performance of OPC and be responsible to
approve or disapprove OPC recommendations concerning eligibility and benefit determinations
and interpretations of the City's policy.
The Relocation Program consists of two principal constituents: Advisory Assistance and
Financial Assistance.
A. ADVISORY ASSISTANCE
Individuals who will need to move from existing homes will receive advisory assistance.
Advisory assistance services are intended to:
• inform displacees about the relocation program
• help in the process of finding appropriate replacement accommodations
• facilitate claims processing
• maintain a communication link with the City
• coordinate the involvement of outside service providers
To follow through on the advisory assistance component of the relocation program and assure
that the City meets its obligations under the law, relocation staff will perform the following
functions:
1. Distribute appropriate written information concerning the City's relocation
program;
2. Inform eligible project occupants of the nature of, and procedures for, obtaining
available relocation assistance and benefits. (See Exhibit D)
3. Determine the needs of each residential displacee eligible for assistance;
4. Provide residential displacees with at least three referrals to comparable
replacement housing within a reasonable time prior to displacement;
5. Maintain an updated database of available housing resources, and distribute
referral information to displacees for the duration of the Project;
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Heil Avenue Widening Project
6. Provide transportation to residential displacees, if necessary, to inspect
replacement sites within the local area;
7. Offer special assistance to help elderly or disabled tenants find housing near
friends, relatives, medical facilities, services and convenient transportation;
8. Supply information concerning federal and state programs and other
governmental programs providing assistance to displaced persons;
9. Assist each eligible residential occupant in the preparation and submission of
relocation assistance claims;
10. Provide additional reasonable services necessary to successfully relocate
residents;
11. Make benefit determinations and payments in accordance with applicable law and
the City's adopted relocation guidelines;
12. Assure that no occupant is required to move without a minimum of 90 days
written notice to vacate. This notice could be part of, separate from, or be an
Order for Immediate Possession issued from the Court;
13. Inform all persons, subject to displacement, of the City's policies with regard to
eviction and property management;
14. Establish and maintain a formal grievance procedure for use by displaced persons
seeking administrative review of the City's decision with respect to relocation
assistance; and,
15. Provide assistance that does not result in different or separate treatment due to
race, color, religion, national origin, sex, marital status or other arbitrary
circumstances.
B. RELOCATION]BENEFITS—RESIDENTIAL, OCCUPANTS
Specific eligibility requirements and benefit plans will be detailed on an individual basis with all
displacees. In the course of personal interviews and follow-up visits, each displacee will be
counseled as to available options and the consequences of any choice with respect to financial
assistance.
Relocation benefits will be paid to eligible displacees upon submission of required claim forms
and documentation in accordance with the City's administrative procedures. The City may
process advance payment requests to mitigate hardships for residential occupants who do not
have access to sufficient funds to initially secure replacement housing such as paying an escrow
deposit. Approved requests will be processed expeditiously to help avoid the loss of desirable,
appropriate replacement housing.
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Heil Avenue Widening Project
1. Residential Moving Expense Payments
All residential occupants to be relocated will be eligible to receive a payment for moving
expenses. Moving expense payments will be made based upon the actual cost of a
professional move or a fixed payment based on a room-count schedule.
a. Actual Cost (Professional Move)
The displacee may elect to retain the services of a licensed professional mover, in
which case the City will pay the actual cost of moving services, based on the
lowest of three (3) acceptable bids. (The City may, at its discretion, solicit
competitive bids to determine the lowest, reasonable move cost.) After the move
is complete, the displacee may pay the mover directly and seek reimbursement
from the City or request a direct payment from the City to the mover.
b. Fixed Payment (based on Room Count Schedule)
The displacee may, while taking full responsibility for the move, elect to receive a
fixed payment for moving expenses based on a room count in the displacement
dwelling. The fixed payment is a one-time, all inclusive allowance that does not
require back-up documentation. The current schedule for fixed payments is set
forth in'Table 4:
TABLE 4: Schedule of Fixed Moving Payments
Unfurnished Dwelling
Room 1 2 3 4 5 6 7 8 Each
count additional
Amount $625 $800 $1,000 $1,175 $1,425 $1,650 $1,900 $2,150 $225
Furnished Dwelling
Room 1 each additional
count
Amount $400 $65
Source: California Department of Transportation
2. Replacement Rousing Assistance for Homeowners
Homeowners displaced by this Project will be eligible for relocation replacement housing
payments, if the following conditions are met:
(a) The household has owned and occupied their unit for not less than 180 days prior
to the Initiation of Negotiations, and
(b) The household purchases and occupies a replacement unit within one year from:
(i) the date that the household receives the final payment from the displacing
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Heil Avenue Widening Project
entity for all the costs of the acquired unit - or - (ii) the date that the household
vacates the acquired unit, whichever is later.
Displaced homeowner households will receive assistance in locating a "comparable
replacement"unit and will be eligible for the following benefits, not-to-exceed $22,500:
1. Purchase Price Differential:
The displaced households will be entitled to receive an amount equal to the difference
between the price paid for the acquired unit and the amount required to purchase a
"comparable replacement" unit. The displacing entity is allowed the following
options in paying any price differential as explained in section 6102 of the
Guidelines:
(a) Comparative Method: On a case-by-case basis, the displacing entity will
determine the price of a "comparable replacement" unit, which is most
representative of the acquired unit, by selecting and considering the listing price
of at least three (whenever possible) "comparable replacement" units.
(b) Schedule Method: The displacing entity may establish a schedule of
reasonable acquisition costs of"comparable replacement" units based on a current
analysis of the housing market.
(c) Alternate Method: When neither the Comparative nor Schedule methods
are feasible, the displacing entity may use another reasonable method.
2. Other Payments:
Moreover, displaced homeowners will receive the following assistance:
(a) Payments to cover the cost between the difference of the household's
current debt or mortgage service and any increase in debt or mortgage costs
necessary to acquire a"comparable replacement" housing unit; and
(b) Incidental and reasonable one-time costs for acquiring a replacement unit,
such as escrow costs, and recurring and credit reporting fees.
3. Rental Assistance Option:
If a displaced homeowner household, which has purchased and occupied its current
unit at least 180 days prior to the "initiation of negotiations," desires to rent instead of
purchase a replacement unit, the household is eligible for all the benefits and
assistance that is available to tenant households. However, such replacement housing
payments may not exceed the payments for which the household would have been
entitled, if it had elected to purchase a replacement unit.
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Heil Avenue Widening Project
3. Rental Assistance to Owner-Occupants Who Choose to Rent
An owner displaced from a dwelling may be entitled to a Replacement Housing Payment
in the form of rental or downpayment assistance not-to-exceed $5,250 (prior to
consideration of eligibility for Last Resort Housing benefits — see Last Resort Housing,
Section IV, E), if the displacee:
a.. Has actually and lawfully occupied the displacement dwelling for at least
90 days immediately prior to the initiation of negotiations; and
b. Has rented, or purchased, and occupied a decent, safe, and sanitary
replacement dwelling within one year (unless the City extends this period
for good cause) after the date he or she moves from the displacement
dwelling.
Rental Assistance payment amounts are equal to 42 times the difference between the base
monthly rent and the lesser of:
(i) The monthly rent and estimated average monthly cost of utilities for a
comparable replacement dwelling; or
(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 is:
(i) The average monthly cost for rent and utilities at the displacement dwelling for
a reasonable period prior to the displacement, as determined by the City. For
owner-occupants or households, which pay no rent, Fair market rent will be used
as a substitute for actual rent.
'fable 5 below illustrates the computation of a rental/downpayment assistance payment
amount.
TABLE 5: Computation of Rental Assistance Payments
1 Old Rent $650 Old Rent, plus Utility Allowance
Subtract From:
2. Actual New Rent $750 Actual New Rent including Utility
Allowance
or
3. Comparable Rent $775 Determined by City, includes Utility
Allowance
4. Lesser of lines 3 or 4 S750
5. fields Monthly Need $100 Subtract line 1 from line 4
6. Rental Assistance S4,200 Multiply line 5 by 42 months
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Heil Avenue Widening Project
4. Benefits for Relocation of an In-House Business
Payments to a business within a displacee's home, and which contributes materially to
the total household income, include actual, reasonable, eligible moving expenses and may
include reimbursement for reestablishment and site searching expenses related to the
replacement site.
C. DETERMINATION OF COMPARABLE HOUSING
Relocation staff will evaluate the cost of comparable replacement housing in the preparation of
each individual Notice of Eligibility issued to residential displacees. For residential occupants,
the cost of comparable replacement housing will be determined primarily by a schedule method,
which determines the median rent in the local market for each type of unit needed.
D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION
BENEFITS
Claims and supporting documentation for relocation benefits must be filed with the City no later
than 18 months after the date of displacement. The procedure for the preparation and filing of
claims, and the processing and delivery of payments, will be as follows:
1. Claimant(s) will provide all necessary documentation to substantiate eligibility for
assistance;
2. Relocation staff will review all necessary documentation including, but not
limited to, income verification, lease documents and escrow material before
reaching a determination as to which expenses are eligible for compensation;
3. Required claims forms will be prepared by relocation staff and presented to the
claimant for review. Signed claims and supporting documentation will be
returned to relocation staff and submitted to the City;
4. The City will review and approve claims for payment, or request additional
information;
5. The City will issue benefit checks to claimants in the most secure, expeditious
manner possible;
6. Final payments to residential displacees will be issued after confirmation that the
Project premises have been completely vacated and actual residency at the
replacement unit is verified;
7. Receipts of payment and all claims materials will be maintained in the relocation
case file.
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Heil Avenue Widening Project
E. LAST RESORT HOUSING
Based on data derived from the surveys and analyses of the occupants in the Project area and
costs of replacement housing resources, it is anticipated that "comparable replacement housing"
(replacement cost) will not be available for some owners as required.
For owner-occupants/homeowners, if there is not enough "comparable replacement housing"
available (related to purchase price), the displacing entity shall pay whatever costs are necessary
beyond the statutory cap of $22,500 to acquire a "comparable replacement" unit, including
reasonable incidental expenses.
A displaced homeowner household, which has purchased and occupied its current unit for less
than 180 days but at least 90 days prior to the "initiation of negotiations", is eligible for all the
assistance and benefits that are available to a tenant household.
The City, at its discretion, may opt to pay Last Resort Housing payments in installments or in a
lump sum.
F. RELOCATION TAX CONSEQUENCES
In general, relocation payments are not considered income for the purpose of Division 2 of the
Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of
1986 (Title 26, U.S. Code), or for the purpose of determining the eligibility or extent of
eligibility of any person for assistance under the Social Security Act (42 U.S. Code 301 et seq.)
or the Personal Income Tax Law, Part 10 (commencing with Section17001) of the Revenue and
Taxation Code, or the Bank and Corporation Tax Law, Part II (commencing with Section 23001)
of Division 2 of Revenue and Taxation Code. The above statement on tax consequences is not
intended as tax advice by the City or OPC. Displacees are responsible for consulting with their
own tax advisors concerning the tax consequences of relocation payments.
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Heil Avenue Widening Project
V. ADMINISTRATIVE PROVISIONS
A. NOTICES
Each notice, which the City is required to provide to a Project occupant, shall be personally
delivered or sent certified or registered first-class mail, return receipt requested and documented
in the case file. Each notice will be written in plain, understandable language. Each notice will
indicate the name and telephone number of a person who may be contacted for answers to
questions and other needed help.
There are three principal notices:
1) the Information Statement
2) the Notice of Relocation Eligibility, and
3) the 90-Day Vacate Notice.
The Informational Statement is intended to provide potential relocatees with a general written
description of the City's relocation program and basic information concerning benefits,
conditions of eligibility, noticing requirements and appeal rights.
A Notice of Relocation Eligibility (NOE) will be distributed to each residential relocatee. The
NOE to residential relocatees contains a 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 the relocation
staff.
No lawful occupant will be required to move without having received at least 90 days advance
written notice of the earliest date by which the move will be necessary. The 90-Day Vacate
Notice will state a specific date as the earliest date by which the occupant may be required to
move or state that the occupant will receive a further notice indicating, at least 60 days in
advance, the specific date of the required move. The 90-Day Notice will not be issued to any
residential displacee before a comparable replacement dwelling has been made available.
In addition to the three principal notices, relocation staff will issue timely written notification in
the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration
date for the loss of benefits to those persons who:
1) are eligible for monetary benefits
2) have moved from the acquired property, and
3) have not filed a claim for benefits.
Reminder Notices will be issued periodically throughout the qualification period. An attempt
shall be made to make written contact with all non-responsive relocatees no later than within the
last six months prior to the filing expiration date.
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Heil Avenue Widening Project
B. PRIVACY OF RECORDS
All information obtained from displacees is considered confidential and will not be shared
without consent of the displacee or the City. Relocation staff will comply with federal
regulations concerning safeguarding of relocation files and their contents.
C. GRIEVANCE PROCEDURES
A person who is dissatisfied with a determination as to eligibility for benefits, a payment
amount, the failure to provide comparable replacement housing referrals, or the City's property
management practices must file a Relocation Assistance Appeal Form or any other written form
of appeal with the Economic Development Director or Public Works Director (Hearing Officer).
The Hearing Officer shall set a hearing date of no later than 30 days from receipt of the appeal.
The person making the appeal shall have:
1) the right to present oral and/or written evidence in support of the appeal,
2) the right to legal counsel (hired at the appellant's sole expense), and
3) the right to seek judicial review_ once having exhausted all administrative appeal
remedies.
The Hearing Officer shall render a decision, in writing, within 30 days following the last day of
the hearing. A copy of the decision shall be mailed, certified or registered, to the appellant and
his/her authorized representative and copies filed in the relocation case file. The decision of the
Hearing Officer shall be final, and the appellant shall be advised of the right to seek judicial
review of the Hearing Officer's decision.
D. EVICTION POLICY
The City recognizes that eviction is permissible only as a last resort, and that relocation records
must be documented to reflect the specific circumstances surrounding any eviction. Eviction
will only take place in cases of nonpayment of rent, serious violation of the rental agreement, a
dangerous or illegal act in the unit, of if the household refuses all reasonable offers of alternate
accommodation. Eviction will not affect the eligibility of a person legally entitled to relocation
benefits.
E. CITIZEN PARTICIPATION
As the process for considering the Project moves forward, the City will observe the following
protocol:
1. Provide affected tenants with full and timely access to documents relevant to the
relocation program;
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Heil Avenue Widening Project
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. Issuance of a general notice concerning the availability of the Plan for public
review, as required, 30 days prior to its proposed adoption; and
5. The inclusion of written or oral comments concerning the Plan as an attachment
(Exhibit E) when it is forwarded to the City Council for adoption.
F. PROJECTED DATES OF DISPLACEMENT
The City anticipates that date specific Notices to Vacate will not be issued prior to January 2008.
No resident will be required to vacate without a minimum of 90 days notice. However, a
resident may chose to vacate prior to a vacate notice being issued, once they have received their
Notice of Eligibility, and be assured they will receive any replacement housing assistance and
moving assistance to which they may be entitled.
G. ESTIMATED RELOCATION COSTS
The total budget estimate for relocation-related payments for this Project, including a 10 percent
contingency, is 5220,000.
The Estimated relocation budget does not include any payments related to property acquisition.
In addition, the budget does not consider the cost of any services necessary to implement the
Plan and complete the relocation element of the Project. If the Project is to be implemented, and
circumstances arise that should change either the number of residential occupants, or the nature
of their activity, the City will authorize any additional compensable funds that may need to be
appropriated. The City pledges to appropriate, on a timely basis, the funds necessary to ensure
the successful completion of the Project, including funds necessary for Last Resort Housing as
indicated in Section IV, E, of this Plan to meet its obligation under the relocation regulations.
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EXHIBIT A
RESIDENTIAL INTERVIEW FORM
Fl7NDING`3SOURCE..
OVERLAND, PACIFIC & CUTLER, INC. - RESIDENTIAL INTERVIEW FORM
Interview Date: Site Move-In: Initiation of Negotiations: Interviewer:
Head of Household OTHER:
Address: ETHNICITY: Monthly Utilities:
❑ White ❑ Asian Which
o Hispanic/Latino i
❑ African American Gas: o Tenant ❑ Owner
Site Telephone# Work/Cell# ❑ Other
Electricity: ❑Tenant o Owner
Fax# Email PRIMARY LANGUAGE: Water:❑Tenant ❑ Owner
❑ English ❑ Spanish Other:
Social Security Number o Other:
DISPLACEMENT STATISTICS SPECIALIZED NEEDS: Appliances Owned by Tenant:
❑Stove ❑Refrigerator ❑W/D
Dwelling Type Approx.Sq.Ft. ❑ AFDC/TANF,Pension SS, ❑Other
SSI
Approximate Age of Unit: yrs.
❑ Other Public Assistance Are all occupants planning to move at
It Bedrooms #Bathrooms #Rooms ❑Laundry Fee. (ask for Entitlement Letter) the same time,and to the same
❑Garage o Carport ❑Pets:If so,describe ❑ Elderly Household replacement dwelling?
❑Yes ❑No
Mobile Home: Size: ft x ft ❑ Handicapped
Household: Please explain:
Year: Model: Pad Rent:$
Describe:
OCCUPANCY i FINANCIAL INFORMATION
Occupancy Status: ❑Own ❑Rent Need Barrier-Free:Yes o No j
Condition of unit: ❑Excellent o Good ❑Fair ❑Poor
Own Car? Yes ❑ No❑
Home business? Description ❑Need access to public
Do you rent out any rooms in the dwelling? ❑Yes ❑No transportation?
If so,names:
If so,is person or persons considered part of household? ❑Yes ❑No Describe mode:
Owners: ❑Mortgage ❑Own Clear
Monthly Payment:Principal$ o Need to live near medical
facilities?Describe location:
Loan Balance(s)as of :$
Loan Type: oFixed ❑Variable Annual%Rate
Loan Type: oFixed oVariable Annual%Rate
Original Date(s)of Current I_oan(s): ❑Other Special needs or
Rem-Loan Term Months Rem.Loan Term Months services requested:
Renters. o Total Monthly Rent$ Landlord Describe:
❑Written Agreement Date
❑M/M ❑Lease ❑Vacant/No Contact
❑Unit Furnished o Unit Unfurnished ❑ Security Deposit?
If Sect.8,Total Tenant Rent.$
Caseworker:
Telephone#:
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HOUSEHOLD MEMBERS SEX AGE move-in INCOME RELATIONSHIP/EMPLOYER/SCHOOL
1 M F
2 M F
3 M F
4 M F
5 M F
i
6 M F
7 M F
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Notes:
I certify that all the information on this survey is true and correct.
Respondent: Date:
EXHIBIT B
PROJECT HOUSEHOLDS' CHARACTERISTICS
PROJECT HOUSEHOLDS' CHARACTERISTICS
, ,
Household ^. ,Income Renter or .,- Nu ibe`rdof Number,and Number of =NumN of .Perriianerit or CurrenttMo Rent& a Cent' $ dumber of`°_ Special
�,. * 'k*•";..,"� ,r i^
w W < „P`Homeowner ` ult A es df ersoris with Elderl= > sTem•ora Utilities+or{Est:bf uL Numberof edrooms: Lan`"ua a °z
Very, ° d, .s g, P. .. .:... qn
Per 1V1ove_- Ac uis'tiori Costs ifs' Bedrooms' Nee"ced=iti Needs;:
IN
Low,or and:Date - Children „ .pisabilrties r, q v
Moderate. Moved mto Vim* P..
H e� � �' om owner � �� Re lacemenf
�w
IJnit �.�` € , x'. dov s r ? kz -r. 'IJnit "'•"", a
n�
1 Moderate Homeowner 2 2 0 0 Permanent $685,000 3 3 No
1998
2 Very Low Homeowner 1 0 0 1 Permanent $680,000 2 2 No
1968
3 Moderate Homeowner 2 0 1 1 Permanent $750,000 3/2 3/2 No
1987 duplex
";x,:.t . 's � - `` •to �x e £" a 5 .T >k k
w fi
ry
,
Ss f
EXHIBIT C
HUD INCOME LIMITS - ORANGE COUNTY
The following figures are approved by the U. S. Department of Housing and Community
Development (H.C.D.) for use in the County of Orange to define and determine housing
eligibility by income level.
^rav 'm gig"
Area 1V�edian $7$ 7®q
Family Size Extremely Low Very Low dower Median Moderate
f Person 18,020 30,300 48,500 55,100 66,100
2 Person 20,800 34,650 55,450 63,000 75,500
3 Person 23,400 38,950 62,350 70,800 85,000
4 Person` 26000` 43,300 .69300 78,700 ,,, 94,400
5 Person 28,100 46,750 74,850 85,000 102,000
6 Person 30,150 50,250 80,400 91,300 109,500
7 Person 32,250 53,700 85,950 9706"' 117,100
8 Person 34,300 57,150 91,500 � 103,9w00.uV 124,600
Figures are per the Department of Housing and Community Development (California),
Division of Housing Policy Development, April 18,2007.
EXHIBIT D
RESIDENTIAL INFORMATIONAL BROCHURE
I. GENERAL INFORMATION
II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING
III. MOVING BENEFITS
IV. REPLACEMENT HOUSING PAYMENT- TENANTS AND CERTAIN OTHERS
V. SECTION 8 TENANTS
VI. REPLACEMENT HOUSING PAYMENT- HOMEOWNERS
VII. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS
VIII. LAST RESORT HOUSING ASSISTANCE
IX. RENTAL AGREEMENT
X. APPEAL PROCEDURES - GRIEVANCE
XI. TAX STATUS OF RELOCATION BENEFITS
XII. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE
I. GENERAL INFORMATION
The property on which you now live is in an area to be improved by the City of Huntington Beach
("City"). As the project schedule proceeds,it will be necessary for you to move from your dwelling.
You will be notified in a timely manner as to the date by which you must move.
Please read this information as it will be helpful to you in determining.your eligibility and the
amount of your relocation benefits under the state law. We suggest you save this informational
statement for reference.
The City has retained the services of Overland, Pacific & Cutler, Inc., a qualified professional
relocation firm, to assist you. The firm is available to explain the program and benefits. Their
address and telephone number is:
Overland,Pacific& Cutler,Inc.
10 Hughes,Suite A-207
Irvine,CA 92618
Telephone: (800)901-5263
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{
Spanish speaking representatives are available. Si necesita esta information en Espanol, por
favor Name a su representante.
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 Overland,Pacific&Cutler,Inc.,so you will not jeopardize any benefits. This is
a general informational brochure only,and is not intended to give a detailed description of either the
law or regulations pertaining to the City's relocation assistance program.
Residential Informational Statement Page I =[u-01(6105)
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H. 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.
III. MOVING BENEFITS
i
If you must move as a result of displacement by the City,you will receive a payment to assist in
moving your personal property..There are two types of moving payments. You have the option of
selecting either one of the following types of moving payments:
A. Fixed Moving Payment
A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you
own your own furniture. The payment is based upon a schedule approved by the City,and ranges,
for example, from$375.00 for one furnished room to $2,000.00 for eight rooms in an unfurnished
dwelling. (For details see the table below). Your relocation representative will inform you of the
amount you are eligible to receive if you choose this type of payment.
FIXED MOVING SCHEDULE-CALIFORNIA(effective Sep 2001)
Occupant owns furniture Occupant does NOT own furniture
1 room $625:00 1 room $400.00
2 rooms $800.00 each additional room $65.00
3 rooms $1,000.00
4 rooms $1,175.00
5 rooms $1,425.00
6 rooms $1,650.00
7 rooms $1,900.00
8 rooms $2,150.00
each additional room $225.00
If you select a fixed payment,you will be responsible for arranging for your own move and the City will assume no
liability for any loss or damage of your personal property.
Residentiallnfornrational Statenient Page 2 =1u-ot(6105)
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B. Actual Moving Expense(Professional Move)
If you wish to engage the services of a licensed commercial mover and have the City pay the bill,you
may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation
representative will inform you of the number of competitive moving bids (if any) which may be
required,and assist you in developing a scope of services for City approval. j
IV. REPLACEMENT HOUSING PAYMENT-TENANTS AND CERTAIN OTHERS
i
You may be eligible for a payment of up to $5,250.00 to assist you in renting or purchasing a comparable
replacement dwelling. In order to qualify, you must either be a tenant who has occupied your present
dwelling for at least 90 days prior to the City's first offer to purchase the property, or an owner who has
occupied your dwelling for between 90 and 180 days prior to the City's first offer to purchase the property.
A. Rental Assistance. If you qualify, and wish to rent your replacement dwelling, your rental j
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 gross monthly household income. You will be required to provide your
relocation representative with monthly rent and household income verification prior to the
determination of your eligibility for this payment.
-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 j
procedures necessary to apply for this payment.
V. SECTION 8 TENANTS
When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. As
outlined above,you will be provided counseling and other advisory services along with moving benefits. In
addition,the City will pay the cost of any security deposit required to rent a Section 8 approved replacement
dwelling unit,and will also cover any required credit checks fees.
VI. REPLACEMENT HOUSING PAYMENT-HOMEOWNERS
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A. If you owned and occupied a dwelling purchased by the City for at least 180 days prior to the first
offer to purchase, you may be eligible to receive a payment of up to $22,500.00 to assist you in
purchasing a comparable replacement unit.If you owned and occupied the displacement dwelling for
at least 90 days but not more than 180 days immediately prior to the date of the City's offer to
purchase,you maybe eligible for a payment of up to$5,250.00. This payment is intended to cover
the following items;
k
l. Purchase Price Differential-An amount which,when added to the amount for which the
City purchased your property, equals the lesser of the actual cost of your replacement
dwelling; or the amount determined by the City as necessary to purchase a comparable
replacement dwelling. Your relocation representative will explain both methods to you.
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Residential Informational Statement Page 3 -aJ-ol(610s)
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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 costs incidentals 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$5,250.00. The
payment will be based on the difference between the fair market rent of the dwelling you occupy and
the rent you.mustpay for a comparable replacement dwelling.
If you receive a rental assistance payment, as described above, and later decide to purchase a
replacement dwelling,you may apply for a payment equal to the amount you would have received if
you had initially purchased a comparable replacement dwelling,.less the amount you have already
received as a rental assistance payment.
VII. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS
To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable
replacement unit within one year from the later of the following:
1. For a tenant, the date you move from the displacement dwelling
2. For an owner-occupant,the date you receive final payment for the displacement dwelling,or,
in the case of condemnation, the date the full amount of estimated just compensation is
deposited in court, or
3. The date the City fulfills its obligation to make available comparable replacement dwellings.
All claims.for relocation benefits must be filed with the City within eighteen(18)months from the date on
which you receive final payment for your property, or the date on which you move,whichever is later.
VIII. LAST RESORT HOUSING ASSISTANCE
If comparable replacement dwellings are not available when you are required to move, or if replacement
housing is not available within the monetary limits described above, the City will provide Last Resort
housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort
housing assistance is based on the individual circumstances of the displaced person. Your relocation
representative will explain the process for determining whether or not you qualify for.Last Resort assistance.
If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the
entire amount of your rental assistance and last resort eligibility must be applied toward the down-payment
of the home you intend to purchase.
IX. RENTAL AGREEMENT
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Residential Informational Statement Page 4 =Rt-oi(6105)
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Except for the causes of eviction set forth below,no person lawfully occupying property purchased by the
City will be required to move without having been provided with at least 90 days written notice from the
City. Eviction will be undertaken only in the event of one or more of the following infractions: j
A. Failure to pay rent;except in those cases where the failure to pay is due to the lessor's failure to keep the premises
in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or
substantial interruption of services;
:
B. Performance of dangerous illegal act in the unit;
C. Material breach of the rental agreement and failure to correct breach within 30 days of notice;
I
D. Maintenance of a nuisance and failure to abate within a reasonable time following notice;
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E. Refusal to accept one of a reasonable number of offers of replacement dwellings;or
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F. The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the
public entity. i
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X. APPEAL PROCEDURES-GRIEVANCE
Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a I
payment,may have his/her claim reviewed or reconsidered in accordance with the City's appeals procedure.
3
Complete details on appeal procedures are available upon request from the City.
i
XI. TAX STATUS OF RELOCATION BENEFITS
Relocation benefit payments are not considered as income for the purpose of the Internal Revenue Code of
1986 or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the
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. j
XII. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE
t
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.
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Residential Informational Statement Page 5 =R[-o!(6105)
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EXHIBIT E
PUBLIC COMMENTS AND RESPONSE
No comments were received during the public review and comment period between October 24, 2007
and November 23, 2007.
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 Administrator or designee
(designee must not be the person/relocation firm that made the initial
determination) having authority to revise the initial determination on the
1
relocation claim. The City shall make a summary of the matters discussed
in the oral presentation to be included as part of its file.
C. Formal Review and Reconsideration
1. Request for Review
At any time within the period described in [Section IV herein], a
complainant may file a written request for formal review and
reconsideration by the Deputy City Administrator. The complainant
may include in the request for review any statement of fact within
the 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 Deputy City Administrator shall consider every aggrieved
person's complaint regardless of form, and shall, if necessary,
provide assistance in preparing the written request for review.
2. Notice of Procedures
When a complainant seeks review, the Deputy City Administrator
shall inform him/her that he/she has the right to be represented by
an attorney, to present their case by oral or documentary evidence,
to submit rebuttal evidence, to conduct such cross-examination as
may be required for a full and true disclosure of facts, and to seek
judicial review once he/she has exhausted administrative appeal.
3. Review by Deputy City Administrator
The Deputy City Administrator shall promptly hear all complaints
brought by aggrieved persons relating to relocation and shall
determine if the City has complied with the Relocation Assistance
Law and Guidelines, these Rules and Regulations and where
applicable, with federal law and regulations.
The Deputy City Administrator shall, after public hearing, transmit
his/her findings and recommendations to the City Council, including
any recommendations for modification of the City's initial
determination.
2
4. Scope of Review
The Deputy City Administrator shall review and consider the initial
determination of the City in the 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;
(b) The reasons given by the complainant for requesting review
and reconsideration of the claim;
(c) Any additional written or relevant documentary material
submitted by the complainant;
(d) Any further information which the Deputy City Administrator
in his/her discretion, obtains by request, investigation, or
research, to ensure fair and full review of the claim.
5. Findings and Recommendations by Deputy City Administrator
The findings and recommendations on review by the Deputy City
Administrator shall include:
(a) The determination of the Deputy City Administrator as to
whether the City has complied with State law and where
applicable with federal law, pertaining to the relocation;
(b) The recommendations of the Deputy City Administrator,
including any recommendations for modification of the City's
initial determination;
(c) The factual and legal basis upon which the findings and
recommendations rest, including any pertinent explanation
or rationale;
(d) A statement to the complainant that the findings and
recommendations of the Deputy City Administrator will be
transmitted to the City Council for final administrative
decision with respect to the claim.
The findings and recommendations of the Deputy City
Administrator shall be in writing and copies thereof shall be
provided to the complainant and transmitted to the City Council.
3
The Deputy City Administrator shall issue findings and
recommendations as soon as possible, but no later than three (3)
weeks from receipt of the last material submitted for consideration
by the complainant or the date of the hearing, whichever is later. In
the case of complaints recommended for dismissal due to untimely
submittal or for any other reason not based on the merits of the
claim, the time limit for issuing the findings and recommendations
shall be reduced to ten (10) days.
6. Final Determination by City Council
(a) Scope of Review
After receipt of the written findings and recommendations of
the Deputy City Administrator, the City Council shall review
and reconsider the initial determination of the City on the
claim. The City Council may, but is not required to, conduct
a hearing de novo with respect to the claim, as it deems
necessary. The complainant shall be given at least ten (10)
days written notice prior to the matter being heard.
The City Council shall base its final decision on the claim
upon the record compiled in connection with the proceedings
of the Deputy City Administrator, and upon the record of the
hearing (if any) conducted by the Council.
(b) Final Determination
The final determination on review by the City Council shall
include, but is not limited to:
(1) The City 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.
4
The City Council shall issue its determination as soon as
possible, but no later than three (3) weeks from receipt by
the City Council of the written findings and recommendations
of the Deputy City Administrator. In the case of complaints
dismissed due to untimely submittal or for any reason not
based on the merits of the claim, the time limit for issuing
such determination shall be reduced to ten (10) days.
IV. Time Limit for Requesting Review
Any request for [Informal Oral Presentation or Formal Review and Consideration]
shall be filed in writing with the specified reviewing authority within thirty (30)
days following the date the complainant receives notice of the decision being
appealed. Such time limit may be extended for good cause by the City.
V. Stay of Displacement Pending Final Determination
If a complainant seeks to prevent displacement, the City shall not require the
complainant to move until at least twenty (20) days after the City has made its
final determination. In all cases the City shall notify the complainant in writing at
least twenty (20) days prior to the proposed new date of displacement.
Any complaint seeking to prevent displacement must be brought within thirty (30)
days of service by the City of the notice to vacate. Such notice to vacate must
include notice that any complaint seeking to prevent displacement must be filed
within thirty (30) days.
VI. Joint Complainants
Where more than one person is aggrieved by the failure of the City to refer them
to comparable permanent or adequate temporary replacement housing the
complainants may join in filing a single written request for review. A
determination shall be made as herein provided for each of the complainants.
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.
5
If a claimant is improperly denied access to any relevant material bearing on the
claim, such material may not be relied upon in reviewing the initial determination.
IX. Recommendations by Third Party
Upon agreement between the claimant and the City, a mutually acceptable third
party or parties may review the claim and make advisory recommendations
thereon to the City for its final determination. In reviewing the claim and making
recommendations to the City, the third party or parties shall be guided by the
City's Rules and Regulations.
X. Effect of Determination on Other Persons
The principles established in all determinations by the City shall be considered as
precedent for all eligible persons in similar situations regardless of whether or not
a person has filed a written request for review. All written determinations shall be
kept on file and available for public review.
Xl. Judicial Review
Nothing in these Rules and Regulations shall in any way preclude or limit a
claimant from seeking judicial review of the claim upon exhaustion of such
administrative remedies.
6
ATTACHMENT #3
HEIL AVENUE WIDENING, CC-1230
(FROM SILVER LN. TO BEACH BLVD.)
S9� PROJECT
BDLSA AVE. AREA
in �( n v
Mc FADDEN AVE.
`EDINGER J hVE.
L U T HNANCYDR
HEILO s � � �' ¢ AVE.RNER 0.
AVESLATER AVE405 FGLENCOE AVE
TALBERT AVE._ Z d'
94 a = ALHAMBRA DR m
PACIFICi� ELLIS AVE.m Of HEIL AVE N
GARFIELDW AVE, DANUBE DR
SEINE OR
cogs oRcTvwv AVE. _� _. s LW m
�e 02 CHRYSLER DR
p� E_ ADAMS AYE. m
INWANAPCI.Ici '� AVE,
a TERRY DR
�ATLANTA¢ AVE.
N
Hn M
!d LiCN AVE-.00EAN
BANNI NO
A r
VICINITY MAP LOCATION MAP
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development Department
SUBJECT: Approve the Heil Ave. Widening Project Relocation Plan
and Grievance Procedures
COUNCIL MEETING DATE: December 17, 2007
RCA ATTACHMENTS STATUS. .
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable ❑
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Notached
t Applicable
Staff Report (If applicable) t N ®ot Applicable ❑
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
ENPLANAT0OH FOR My WNO ATTACHRR MTSS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) )
Deputy City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)
RCA Author: Krause(1529)