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HomeMy WebLinkAboutRDA 03 RELOCATION PLAN 06-15-98AGENDA RDA NO. 3 6-15-98 DATE: June 15, 1998 Inter-Corn TO' FROM' SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR REDEVELOPMENT STAFF APPROVAL OF RELOCATION PLAN AND ADOPTION OF REPLACEMENT HOUSING PLAN FOR TUSTIN MEADOWS PROJECT SUMMARY: Agency adoption of the Replacement Housing Plan and approval of the Relocation Plan is requested for the Tustin Meadows Apartment project located at Sixth Street and E1 Camino Real. RECOMMENDATION It is recommended that the Redevelopment Agency: 1. Adopt the Replacement Housing Plan for the Tustin Meadows Apartment Project; and 2. Approve the Relocation Plan for the Tustin Meadows Apartment Project. FISCAL IMPACT No direct fiscal impacts on the Redevelopment Agency or implementation of the Replacement Housing Plan and Relocation Plan are anticipated at this time. If the negotiations with the developer result in a Disposition and Development Agreement (DDA), the fiscal impact of such an agreement will be discussed if Agency approval of a DDA is requested in the future. BACKGROUND The Agency authorized the Executive Director to enter into exclusive negotiation with DeBeikes Investment Company on December 23, 1998, to develop the property referred to as the Tustin Meadows Apartments, a 56-unit apartment complex located at 120 - 250 sixth Street and commercial property at 715 - 765 E1Camino Real. As anticipated in the EXclusive Agreement to Negotiate, DeBeikes Investment Company has joined with Warmington Homes California to acquire the Tustin Meadows Apartments, demOlish the existing improvements and construct small lot, single family homes for sale to entry level home buyers. Additionally, DeBeikes Investment Company will rehabilitate the commercial property along E1 Camino Real for the Ford Family Trust to ensure compatibility with the proposed single family development. One of the Redevelopment Agency and City General Plan's housing goals is to encourage home ownership tenure. It is also Agency staff's desire to see any new development or revitalization activities on the Ford property play a more significant role and become more fully integ-rated into William A. Huston June 15, 1998 Page 2 the overall "Old Town" fabric. Special attention for the project will be paid to design features that are of the highest quality and which will serve for attracting and enhancing the market of Old Town. Replacement Housing Platt Section 33413(a) of the California Redevelopment Law (Health and Safety Code, Section 33000et seq.) requires that whenever dwelling units housing person and families of low and moderate income are destroyed or removed from the low and moderate income housing market as part of a redevelopment project which is subject to a written agreement with a redevelopment agency or where financial assistance will be provided, the agency .will within four years of the destruction or removal ensure replacement of such units within territorial jurisdiction of the agency. Section 33413.5 of the California Redevelopment Law requires a redevelopment agency. to adopt a replacement housing plan not less than thirty (30) days prior to executing an agreement for the disposition and development of real property which would lead to the destruction or removal of dwelling units from the low and moderate income housing market. The replacement housing plan must identify the impacts the a proposed redevelopment project will have on the community's supply of low and moderate income housing and detail the measures that the agency will take to ensure that the appropriate replacement housing is produced within a four year time limit. Pacific Relocation Consultants and Agency staff have prepared a Replacement Housing Plan for the Tustin Meadows Apartment Project which is attached for the Agency's review and approval. The Agency is banking dwelling units as a result of construction or rehabilitation of affordable housing projects. The two projects that will create surplus replacement units include: a) Orange Gardens, a 150-unit apartment rehabilitation project; and b) Tustin Grove, a 145-single family home ownership new construction project. Within the two projects, a total of 164 dwelling units comprised of 364 bedrooms will be set aside for low and moderate- income households. These ' surplus units will fully satisfy the replacement housing obligations for the Tustin Meadows Apartment Project. Relocation Plan To accommodate the proposed project, it will be necessary to relocate the residential occupants residing in the Tustin Meadows Apartments. Since funding for the proposed project is anticipated to be from Agency tax increment funds, the Relocation Plan and subsequent relocations assistance for the project will be in accordance with the provisions of the Relocation Law, and Relocation and Real Property Acquisition provision, as amended effective January 1, 1998. In order to evaluate the present housing circumstances and requirements of potential project displacees, Pacific Relocation Consultants prepared the Relocation Plan for the Tustin Meadows Apartment Project. The Relocation Plan addresses the following: 1. A description of the Project area and specific project site; William A. Huston June 15, 1998 Page 3 2, An assessment of the aggregate relocation needs of persons who may be displaced as a result of the proposed project, including survey methods and results; 3. An assessment of the availability of comparable relocation housing within the City of Tustin and surrounding areas; and . The steps and procedures that the Agency will follow to ensure a satisfactory and thorough relocation program is implemented. Tenant information necessary for the preparation of the Relocation Plan was obtained from personal interviews and resource surveys conducted during March of 1998. The survey found that 44 of the 56 units were occupied. Interviewers were successful in contacting 43 of the 44 potential displaced households. Inquiries made of the residential occupants included: occupancy status, household size and composition, income and rental information, length and type of occupancy, disabilities/health problems, and preferences related to relocation housing. The Relocation Plan which is attached for the Agency's review and approval indicateS that there will be adequate availability of comparable relocation housing to meet the needs of the project occupants for all bedroom sizes. Implementation of the Relocation Plan will provide all eligible displaced residential occupants payments for actual moving expenses or a fixed in-lieu payment for moving expenses based on the room count in the occupied dwelling. In addition, the displaced families may be eligible for rental assistance payments, which except in the Case of last resort housing is limited to a maximum of $5,250 based upon the monthly housing need over a forty-two (42) month period. Specific eligibility requirements and detailed compensation plans will be explained and worked out on an individual basis for all residential occupants through the course of personal interviews and follow-up visits. Each eligible family will be counseled as to available options and the consequences of any choice with respect to financial assistance. FINDING OF BENEFIT This site is located in the Town Center Project Area. On December 5, 1994 the Tustin Community Redevelopment Agency adopted a five-year Implementation Plan for the Town Center and the South/Central Redevelopment Projects for fiscal years 1995-1996 through 1999- 2000. The Implementation Plan was composed of two parts, a five-year plan for Redevelopment activities and a five-year plan for housing activities. Anticipated accomplishments and expenditures for the five-year period included the development of 120 owner occupied dwelling units in the Town Center Project Area. The proposed project is consistent with the Implementation plan for the Town Center Project Area. It will remove a blighting influence in the Project Area by demolishing an existing apartment project that is characterized by substantial deferred maintenance and a high incidence of crime. The proposed project will develop a. home ownership project that would allow for the expenditure of tax increment housing set-aside funds. The proposed project would provide for the sale of units to entry-level homebuyers, as well as to low and moderate-income buyers. The project would contain certain affordability restrictions for the low and moderate-income units. It William A. Huston June 15, 1998 Page 4 is determined that the proposed project would not reduce the number of affordable housing units in the Project Area while it would increase the number of ownership units. Approval of the Replacement Housing Plan and Relocation Plan for the Tustin Meadows Apartments does not commit the Agency to funding project relocation costs until the Agency approves a DDA with the developer. If financial assistance is provided for the proposed project through a DDA, Agency staff will prepare and present for City Council and Agency consideration a resolution making the required legal findings. Christine A. Shinglet[_nglet~ Assistant City Manager /ames A. Drh'~hon,/'J ' [Senior Redevelopn'mfit Project Manager Attachments DRAFT RELOCATION PLAN FOR THE TUSTIN MEADOWS APARTMENT PROJECT Prepared for TUSTIN COMMUNITY DEVELOPMENT AGENCY 300 CENTENNIAL WAY TUSTIN, CALIFORNIA 926.80 By PACIFIC RELOCATION CONSULTANrI'S 00 WEST BROADWAY AVENUE, SUITE 300 LONG BEACH, CALIFORNIA 90802 (800) 400-7356 April 1998 INTRODUCTION .................................................................... 1 I. PROJECT AREA DESCRIPTION ..................................................... 2 A.' THE REGIONAL LOCATION .............................................. 2 B. PROJECT SITE LOCATION AND USES .................................... 3 C. GENERAL DEMOGRAPHIC & RELATED INFORMATION ....................... 4 II. ASSESSMENT OF RELOCATION NEEDS .............................................. 5 A. METHODOLOGY ....................................................... 5 B. FIELD SURVEY DATA ................................................... 5 . 2. 3. 4. 5. 6. 7. General ......................................................... 5 Residential Occupant Profile ............. .~ ......................... 6 Occupancy/Overcrowding .......................................... 6 Replacement Housing Needs ....................................... 6 Income ......................................................... 6 Ethnic Mix ...................................................... 7 SeniodHandicapped/Housing Assistance Households .................... 7 III. REPLACEMENT HOUSING RESOURCES ............................................. 8 A. RESULTS OF RESOURCE STUDY ........................................ 8 1. Methodology ................................. '. .................. 8 2. Replacement Housing Availability .................................... 8 B. RELATED ISSUES ...................................................... 9 1. Concurrent Residential Displacement ................................. 9 2. Temporary Housing ............................................... 9 IV. THE RELOCATION PROGRAM ..................................................... A. B. C. D. e. G, H. I. J. K. 10 PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES .................. 10 PUBLIC INFORMATION ................................................ 11 RELOCATION ADVISORY ASSISTANCE ................................... 12 RELOCATION BENEFITS ............................................... 13 1. Residential Moving Expense Payments .............................. 13 2. Rental Assistance Payments To 90-Day Residential Tenants Who Re-Rent.. 14 3. Downpayment Assistance - Payments To Tenants Who Purchase ......... 16 4. Payments To Non-Tenured Residential Tenants ....................... 16 5. Summary ...................................................... 16 GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS ......... 16 LAST RESORT HOUSING BENEFITS ..................................... 17 1. Tenant-Occupants ............................................... 17 2. Alternatives to Last Resort Housing ................................. 18 RELOCATION TAX CONSEQUENCES .................................... 19 GRIEVANCE PROCEDURES ............................................ 19 EVICTION POLICY .................................................... 19 PROJECTED DATES OF DISPLACEMENT ................................. 20 ESTIMATED RELOCATION COSTS ....................................... 20 TABLE 1: City of Tustin Housing Units - 1990 Census ....................................... 4 TABLE 2: Project Monthly Rents Paid ................................................... 6 TABLE 3: Replacement Housing Needs ................................................. 6 TABLE 4: Income Levels For Residential Households ........................................ 7 TABLE 5: Displacee Household Ethnic Mix ................................................ 7 TABLE 6: Available Rental Resources .................................................... 8 TABLE 7: Fixed Moving Payment Schedule ......................................... . .....14 TABLE 8: Computation of Monthly Housing Need and Rental Assistance ....................... 15 EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: Sample Interview Forms Residential Listing Report HUD Annual Income Limitations Residential Informational BrochUre (English) Residential Informational Brochure (Spanish) The Tustin Community Redevelopment Agency (the "Agency") has entered into an Exclusive Agreement to Negotiate with the DeBeikes Investment Company (the "Developer"). The Developer is proposing to acquire the 56-unit apartment complex at 120-250 Sixth Street (known as the Tustin Meadows APartments), demolish the existing improvements, and construct small lot, single family homes for sale to entry-level home buyers. To accommodate the proposed Project, it will be necessary to acquire the property and relocate the residential occupants residing in the Tustin Meadows Apartments. In order to evaluate the present housing circumstances and rehousing requirements of potential Project displacees, the following relocation plan (the "Relocation Plan" or "Plan') has been prepared. Funding for the Project is anticipated to be from local sources. Therefore, the Relocation Plan and subsequent relocation assistance for the Project will be in accordance with the provisions of the State of California Relocation Law, Government Code 7260 et. seq., and Title 25, Chapter 6, Relocation Assistance and Real Property Acquisition, as amended effective January 1,1998. Pacific Relocation Consultants, an experienced relocation firm, has been selected to prepare this Relocation Plan and provide all subsequent required relocation assistance. The Plan addresses the following' 1. A description of the Project area and specific Project site (SECTION I); o An assessment of the aggregate relocation needs of persons who may be displaced as a result of the Project, including survey methods and results (SECTION II); e An assessment of the availability of comparable replacement housing within the City of Tustin and surrounding areas (SECTION III); & . The steps and procedures that the Agency will follow to ensure a satisfactory and thorough relocation program (SECTION IV). Page 1 THE REGIONAL LOCATION The Tustin Meadows Apartment Project site is located in the southwest section of the City of Tustin. TUstin is centrally located in the County of Orange, approximately thirty (30) miles southeast of the City of Los Angeles. Interstate 5 and State Routes 55 and 22 provide freeway access to Tustin. (See map of Regional Project Location below.) Figure 1' Regional Project Location Page 2 Bo PROJECT SITE LOCATION AND USES The proposed project is located at the sOuthwest corner of Newport Avenue and Sixth Street, just north of Interstate 5. Newport Avenue and Main Street are major arterials running through the City. Newport Avenue links the City of Orange to the north and the City of Santa Ana to the south. (See map of the Project Site Location below) Figure 2: Project Site Location The proposed project will require the acquisition of land containing fourteen (14)apartment buildings (with a total of fifty-six (56) apartment dwellings). Page 3 GENERAL DEMOGRAPHIC & RELATED INFORMATION According to the 1997 census data the population of the City of Tustin was 63,600. The ethnic mix was seventy-three percent (73%) VVhite, six percent (6%) Black, ten percent (10%) Asian, and twelve percent (12%) other. Of the total population, forty- one percent (41%) were reported to be of Hispanic origin. The housing mix was indicated to be approximately forty percent (40%) owner-occupied; sixty percent (60%) renter-occupied. TABLE 1:City of TUstin HOUsing Un'i~: 1990:cehsus :i ,~.: i !: i:~.~ TYPe :.:~i .:. ~,~. ~.. .:.::'~ 'TOtal':I~ .. ~ ~:: Single Family Dwellings- 5,351 28.0% 13,950 72.0% Multiple Family Dwellings Owner Occupied Renter Occupied Median Rent Persons Per Household 7,5O4 10,828 $701 '2.66 40.0% 6O.O% Page 4 A. METHODOLOGY To obtain tenant information necessary for the preparation of this Plan, personal interviews and resource surveys were conducted during March of 1998. Interviewers were successful in contacting 43 of the 44 potential displacees (see Section ll.B.1., Field Survey Data -General for a description of the difference between the number of apartment dwellings and the number of potential displaced households). One(l) residential occupant was unavailable to provide information. At least three attempts were made to contact the residential occupants either personally or by telephone. Inquiries made of residential occupants included; occupancy status, household size and composition, income and rental information, length and type of occupancy, disabilities/health problems, and preferences related to replacement housing. All information was anecdotal and not validated by documentary evidence that otherwise would be required to conform to qualifying criteria, such as rent, length of residency, and income. Samples of the Residential Interview Form can be found as Exhibit "A" located in the back of this report. The following Field Survey Data is based on information gained from the households within the Project. (Exhibit "B" - Residential Listing Report for Residential Cases provides a complete case-by-case summary of interview data). B~ FIELD SURVEY DATA 1. General The project as envisioned will necessitate the removal of fifty-six (56) apartment units located in fourteen apartment buildings. At the time of the interview, twelve (12) apartments were found to be vacant, forty-four (44) were occupied by eligible displaced families. The Project site is occupied bY primarily iow-income Hispanic, White and Black residents living in ten apartment buildings. The survey identified a total of 44 residential families, including one hundred and twenty-seven (127) adults and one hundred and three (103) children (sixty -nine (69) of which are of school age between 5 and 17 years of age). Page 5 2. Residential Occupant Profile Of the 44 eligible apartment units in the Project area, all (44) were two-bedroom apartments. Based on the responses of those tenants who were willing to provide the information, Table 2 below indicates the minimum, average and maximum rent paid by current Project displacees. 2 Bedroom Apt. $695 $733 $780 o a 1 Occupancy/Overcrowding The average occupancy in the Projectwas found to be 5.23 persons per unit, with sixteen (16) dwellings found to be overcrowded households. Replacement Housing Needs By conventional occupancy standards, Table 3 summarizes the distribution of the replacement housing needs which are anticipated to meet the needs of the displaced households. ~ i~;~i ~. ~:,...~;~%¢;:-~!i*-..-~.~... ~.:: ~: ;::;~ ~: ' ~:i;~:~ i;::;q;:~~;~::.~¢~ !~:~::~.. :.: ' :' · i!.' ,.-~':~rr'i.";::¢=+::: .. ~.~:.?;~;;:::: ?~! ~[::; :.; :::: i~.i~i~;; ;~ ~ '%!:¢:: -~'-: o~:~; ::! ¢;-x;: Residential Two Sdrm. Three Bdrm Four Bdrm Type Apt. Apt. Apt. Tenant 28 12 4 Income Of the forty-four (44) surveyed households, forty-two (42) were willing to divulge income information when questioned during the survey. According to the most recent Housing and Urban Development (HUD) income standards (See HUD Annual Income Limitations, Exhibit "C"), eighty-eight (88%) of the surveyed households that provided income information are in the very-iow income category and twelve percent (12%) are in the Iow Page 6 Sm income category. While we do not know the income of those not surveyed, field observation of the types of units and the nature of the area, indicate that the residents may be in the very-low or Iow income levels. Table 4 below indicates the income levels for all surveyed occupantsl ;.TABLE'~:i lncomeLevels For Residential,HOuseholds;~;i.,. ~':' . · Vew Low. Low ~oderate 30 12 0 Ethnic Mix Table 5 below shows the ethnic mix among the surveyed households. Ethnicity Number Percentage Hispanic 36 82% White 5 11% Black 2 5% Other 1 :2 The language spoken in Project households is 50% English' and 50% Spanish. Spanish speaking relocation agents will provide assistance to these households. Also, written material will be provided in Spanish. Senior/Handicapped/Housing Assistance Households The survey identified no elderly head of households and no families that have occupants with disabilities. However, if at the time of displacement it is found that elderly or disabled occupants exist special consideration will be given when relocating to comparable replacement dwellings. Page 7 A. RESULTS OF RESOURCE STUDY 1. Methodology 1 To determine the availabilitY of comparable housing and commercial sites prior to the displacement of residential occupants from the Project, replacement housing resources were researched through the following sources: Survey of classified rental listings of daily and weekly newspapers serving the City of Tustin and adjoining communities; Windshield surveys of residential and commercial areas of the City; and Telephone and field contact with real estate management companies in the CitY of Tustin. and property Replacement Housing Availability Table 6, below, shows the number of resources identified, price ranges and average rent of available units found during the resource survey period: 2 Bedroom Apts. 45 $695- $1,300 $850 3 Bedroom Apts. 15 $940 - $1,250 $1,050 4 Bedroom Homes 4 $1,300-$1,700 $1,400 Based on the above, it appears that there will be an adequate availability of comparable replacement housing to meet the needs of Project occupants for all bedroom sizes. The number of rental referrals for three and four bedrooms apartments/houses were equal to or slightly greater than the Page 8 Ba projected need identified during the two week survey period. However, it is believed that additional three and four bedroom units will be found over the four month period of the relocation effort. In addition, several of the three and four bedroom units have multiple families residing within. These families have expressed an interest in occupying units of their own, which will decrease the need for three and four bedroom apartments; thus shifting a greater portion of the requirement for replacement housing need to two bedroom units. In no event will a family 13e required to vacate until they have secured an apartment adequate in bedroom size to accommodate the family. RELATED ISSUES Concurrent Residential Displacement Based on the needs of this Project, competing demands for similar residential units within the City of Tustin and the adjacent communities are not expected and no adverse impact on meeting the replaCement needs of the Project is anticipated. Also, there are no other known projects within the surrounding cities which will create a competing demand for needed housing units. Temporary Housing It. is not expected that any temporary housing will be necessary to meet occupant needs in the Project, since an adequate supply of comparable replacement dwellings exists. Page 9 Al PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES The relocation program to be implemented by the Agency will conform with the standards and provisions of the State of California Relocation Law, Government Code Section 7260, et. seq., and Title 25, Chapter 6, Relocation Assistance and Real Property Acquisition, as amended effective January 1, 1998. Pursuant to the guidelines adopted by the State of California Housing and Community Development Department, program objectives will be as follows: . To fully inform eligible project occupants of the nature of and procedures for obtaining relocation assistance and benefits. 2. To determine the needs of each residential displacee eligible for assistance. . To provide an adequate number of referrals to comparable, decent, safe and sanitary housing units within a reasonable time prior to displacement and assure that no residential occupant is required to move without a minimum of 90 days written notice to vacate. o To provide current and continuously updated replacement housing opportunities. information concerning o · To 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. o To supply information concerning federal and state housing programs and other governmental programs providing assistance to displaced persons. 7. To asSist each eligible person to complete applications for benefits. To make relocation benefit payments in accordance with State of California guidelines,' including the provisions of the Last Resort Housing sections, where applicable. , To inform all persons subject to displacement of the Agency's policies with regard to eviction and property management. Page 10 10o To establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of Agency decisions with respect to relocation assistance. PUBLIC INFORMATION The Agency will ensure the following: 1. Full and timely access to all documents relevant to the relocation program. 2~ The provision of technical assistance necessary to interpret elements of the relocation plan and other pertinent materials. . Copies of this Plan shall be available for review by Project displacees,, upon request, within thirty (30) days prior to final approval by the City Council. o The right to submit written or oral comments and objections, including the right to submit written comments on the Relocation Plan and to have these comments attached to the Plan when it is forwarded to the Agency for final approval. o A general notice of this Plan shall be distributed to all displacees of this project. This plan is available for circulation for information and review by interested citizen groups, State and County agencies, all persons affected and by the public at large. o Upon receipt of public comments, the Plan will be reviewed to ensure that it is feasible, complies with applicable environmental standards, and is compatible with the General Plan and Housing Element. . Upon completion of all reviews, the Plan will be presented for adoption by the City Council. Page 11 Gl RELOCATION ADVISORY ASSISTANCE As a function of the overall relocation assistance program, technical and advisory assistance will be provided to all residential displacees. The following specific activities will occur: . Each household affected by the project will be personally interviewed to gather information appropriate to determine needs and preferences with regard to the replacement of existing accommodations. Unless an occupant is unavailable or refuses contact, interviews will be performed within a reasonable period after the initiation of negotialions, which is defined as the date of the presentation of the first written offer to purchase. Inquiries made of residential occupants by relocation personnel will cover the following areas: family size, ethnic background, age and health considerations, employment status, family income, transportation needs, and location preferences related to replacement housing. , Printed "Residential Informational Brochures" (See Exhibit "D") will be provided to all displaced persons. A Spanish Residential Informational Brochure will be provided to those households whose primary language is Spanish (See Exhibit"E"). Signed acknowledgments will be obtained to verify receipt of this material. . Appropriate replacement housing referrals will be made to residential displacees on a timely basis. Field surveys will be conducted in order to identify available housing resources. Every effort will be made to find comparable replacement housing units which are reasonably accessible to currently utilized medical facilities, places of employment, shopping areas and public transportation. o Transportation will be provided, if necessary, for any displaced occupant to inspect replacement sites within the local area. Specific assistance may also be provided to senior citizens in finding housing near friends, relatives, medical facilities and convenient transportation. o Assistance will be offered to all displacees in connection with arrangements for the purchase of real property, the completion of applications for replacement housing, the filing of claim forms to request relocation benet'r[s from the City and to obtain services from other public agencies. . Special assistance in the form of referrals to governmental and social service agencies will be made, if needed. Referral agencies may include:' Page 12 (a) (b) (c) (d) (e) Social Security Administration The County of Orange Housing Authority Employment Development Department Orange County Department of Social Services Small Business Administration RELOCATION BENEFITS Relocation benefits will be provided in accordance with the provisions of the State of California Relocation Law, Government Code Section 7260 et. seq., and Title 25 Chapter 6, Relocation Assistance and Real Property Acquisition Guidelines. Benefits will be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with Agency-approved procedures. 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. The Agency will provide advance payments to assist displacees in securing replacement housing units. Requests for advance payments will be expeditiously processed to help avoid the loss of desirable and appropriate replacement housing. 1. Residential Moving Expense Payments All displaced residential occupants will be eligible to receive a payment for moving expenses, except as noted. Moving expense Payments will be made based upon a fixed schedule or according to the cost of professional services. a. Actual Cost (Professional Move) If the displacee elects to have a licensed professional mover perform the move, the actual cost of the moving services, based on at least two acceptable bids, will be compensated for by the Agency, either in the form of a direct payment to the mover or as reimbursement to the displacee. Transportation costs are limited to a distance of fifty (50) miles. In addition to the actual move, costs associated with utility hook-ups (i.e. gas, water, electricity, phone and cable, if any) are eligible for reimbursement. Page 13 bi Fixed Payment In-Lieu of Actual Moving Cost A fixed payment for moving expenses is based on the room count in the occupied dwelling. The fixed payment includes all utility connections as described above. The current schedule for fixed moving payments is set forth on the following page in Table 7 One room Two rooms Three rooms Unfurnished Dwelling $500.00 $650.00 $800.00 Four rooms $950.00 Five rooms $1,150.00 Six rooms Seven rooms Eight rooms each additional room $1,350.00 $1,550.00 $1,750.00 $175.00 Furnished Dwelling First Room $325.00 each additional room $50.00 w Rental Assistance Payments To 90-Day Residential Tenants Who Re-Rent Residential tenants who have established their residency within the Project area for a minimum of 90 days prior to the initiation of negotiations and who choose to re-rent, may be eligible for both Rental Assistance and Moving Expense Payments. Except in the case of Last Resort situations as described in Section IV, (Part F - Last Resort Housing Payments) Rental Assistance Payments will be limited to a maximum of $5,250.00 based upon the monthly housing need over a forty-two (42) month period. Table 8 shows how monthly need is determined: Page 14 1. Old Rent .$500 I Old Rent plus Utility Allowance I or 2. Ability to Pay $445 3. lesser of lines 1 or 2 $445 Subtracted From: 30% of the Gross Monthly Household Income* 4. Actual New Rent $550 or Actual New Rent including Utility Allowance 5. Comparable Rent 6. Lesser of lines 4 or 5 yield ~ .... ~ 7; s MOnthly Need: Rental ASsistancel Payment: · $575 Determined by Relocation Representative and including Utility Allowance $550 $105 Subtract line 3 from line 6 $4,410 Multiple line 7 by 42 months *Gross household income means the total annual income of all family members 18 years of age or older, less the following: (1) a deduction of $500.00 for each dependent in excess of three; (2) a deduction of 10% of total income for the elderly or disabled head of household; (3) a deduction for recurring extraordinary medical -expenses defined for this purpose to mean medical expenses in excess of 3% of total income, where not compensated for or covered by insurance or other sources; and (4) a deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head of household or spouse~ except that the amount deducted shall not exceed the amount of income received by the person who would not otherwise be able to seek employment in the absence of such care. 3~ Downpayment Assistance- Payments To Tenants Who Purchase Residential tenants, who are otherwise eligible to receive the Rental Assistance Payment described above, may opt to apply the total sum of Page 15 1 El 5, their rental assistance eligibility (including Last Resort benefits) toward the purchase of a new home. Payments To Non-Tenured Residential Tenants With the exception of those eligible for Last Resort Housing assistance (See Section F), residential tenants with less than ninety (90) days of continuous occupancy prior to the initiation of negotiations will qualify only for the payment of moving expenses. Summary in all instances, specific eligibility requirements and detailed compensation plans Will be explained and worked out on an individual basis for residential 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. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the Agency within eighteen (18) months from: The date the claimant' moves from the acquired property; or, The date on which final payment for the acquisition of real property is made, whichever is later. 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. . Assistance amounts will be determined and required claim forms prepared by relocation personnel in conjunction with claimant(s). , Signed claims and supporting documentation will be submitted to relocation personnel. Page 16 , So o . The Agency Staff will review and approve claims for payment or request additional information. Agency warrants will be prepared and will be available at the Agency for pick-up by Claimants, unless circumstances dictate otherwise. Final payments will be issued after confirmation that Project area premises have been completely vacated and actual residency at replacement unit is verified. Receipts of payment will be obtained and maihtained in the relocation case file. F, LAST RESORT HOUSING BENEFITS Tenant-Occupants When Rental Assistance eligibility exceeds $5,250.00, the claimant may be eligible for a supplementary or "Last Resort Housing" Payment in order to assure access to comparable replacement housing. For a 90-day tenant who rents, State regulations require Last Resort Housing payments to be disbursed in periodic installments, with the time period of installments not to exceed one year in length. The Agency will disburse Last Resort housing payments to the displacee as follows: $5,250 upon displacee's move to decent, safe and sanitary housing, and the remaining balance in annual installments At the claimant's discretion, a lump sum payment of the entire rental assistance entitlement amount, including the amount of any Last Resort Payment, can be directed so as to assist in the purchase of a replacement dwelling. Any such payment will be deposited directly into an escrow account with provisions to allow the Agency to recover its funds should escrow fail to close. Residential tenants who have not resided in the dwelling unit from which they were displaced for at least ninety (90) days prior to the initial written offer to purchase the property, and who therefore do not qualify for a Rental Assistance Payment, Down Payment Assistance Payment, or Replacement Housing Payment may otherwise qualify for a Last Resort Housing Payment under this Section if comparable, decent, safe and sanitary housing is not available. For purposes of qualification, the Agency must determine that Page 17 such a claimant did not occupy property solely for the purpose of obtaining relocation assistance. Alternatives to Last Resort Housing Based on the survey, there is an adequate supply of housing within the Project area to meet the needs of the displaced households. Page 18 Gm U~ RELOCATION TAX CONSEQUENCES In general, relocation payments are not considered income for tax purposes. Benefit payments are paid under Title 24 of the Code of Federal Regulations and Chapter 16 of the California Government Code. The above statement on tax consequences are not intended to be provision of tax advice by the Agency. Displacees are encouraged to consult with their own tax advisors concerning the tax consequences of relocation payments. GRIEVANCE PROCEDURES The Agency's Grievance pOlicy 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. Briefly stated, displacees will have the right to ask for administrative review when they believe themselves aggrieved by a determination as to eligibility, the amount of payment, the failure to provide comparable replacement housing referrals or the Agency's property management practices. Requests for review will be directed first to the Tustin Community Redevelopment Director, or an authorized designee of the Agency. Details concerning the entire appeals process will be provided upon request. EVICTION POLICY , Under the State guidelines, eviction is permissible only as a last resort. With the exception of persons considered to be in unlawful occupancy, eviction does not affect eligibility for relocation assistance and benefits. Relocation records must be documented to reflect the specific circumstances surrounding the eviction. Eviction shall be undertaken only for one. or more of the following reasons: 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 a dangerous, illegal act in the unit. Page 19 c) d) e) Material breach of the rental agreement and failure to correct breach within 30 days of notice. Maintenance of a nuisance and failure to abate within a reasonable time following notice. Refusal to accept one of a reasonable number of offers of replacement dwellings. A requirement under State or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the public entity. Jw PROJECTED DATES OF DISPLACEMENT Initial interviews and explanation of relocation assistance and benefits will begin in late March 1998. Ninety-Day Notices to Vacate for families occupying property in the Project are projected to be issued in May 1998 upon review and adoption of the relocation plan. ESTIMATED RELOCATION COSTS The. total budget estimate' for relocation related payments for this Project is Six Hundred and Fifty Thousand Dollars ($650,000). This amount includes moving costs and rental assistance payments for the residential tenants. Agency funds will be used to fund the relocation requirements of this Project. If additional funds are needed to meet relocation assistance obligations unforeseen in the budget preparation process, the Agency will provide the additional, necessary funds. The Agency expects to encounter Last Resort Housing situations and has prepared its budget accordingly. Page 20 PACIFIC RELOCATION CONSULTANTS - RESIDENTIAL INTERVIEW FORM PROJECT: CASE ID: ,.. -., AGENCY: CONSULTANT: Claimant(s): OCCUPANT iNFORMATION: Address: t ' Home Phone: { },~ Work Phone: ( .)~ DWELLING: Monthly Payment: I Number of Bedrooms: Total Number of Rooms: Bedrooms Needed: [] Furnis'hed Dwelling MAJOR EVENTS: Site Move-In: I I F~st Offer: / I Initial interview: / ! UTILrrIES PAID BY:' Gas: F-I Tenant I-'1 Owner Electric: [-~ Tenant D Owner Water: [] Tenant [] Owner Social Sec. #: OCCUPANCY STATUS: [] Rent I-'J Lease I-J Mortgage [] Own {Clear) [] Vacant [-J No Contact DWELLING TYPE: [] Single Family Residence [] Duplex [] Apartment [] Condo/Townhousa [] Hotel/Motel [] Mobile Home ETHNIClTY: [] White I-J Hispanic [] Black [] Asian [] Other: PRIMARY LANGUAGE: [] English [] Spanish [] Other: PROPERTY/LOAN INFO UFJ..IOMEOWNER): OCCUPANT INFORMATION: l-I Elderly Household [] Handicapped Household [] Housing Assistance: $ [] Willing to Relocate from Community Special Features/improvements: Area/Unit Preference: MOBILE HOME: Size: ftx ft Year: Model: Pad Rent: Living Area: Lot Size: Purchase Price: Loan Type: Principal Left: Annual % Rate: Loan Term Left: sq~ft. sq.ft. [] Rxed [] Variable [] Other 1 months NOTES: PACIFIC RELOCATION CONSULTA/TTS - RESIDENTIAL LISTING REPORT By D[K on 04/07/98 a= 1:26pm ProJe:=: Tustin, Tustin Meadows Apartments (TUS-3), Ail residential cases Pa~ I Case T%,pe Adults/ Family Bedrooms Monthly U~ili:ies Paid by: Case iD D~elling ~?pe Children Ethnic. Income Hndcp Elderly Now/Need Furnished Paymen~ Gas/Eiectr/Water ~S-0~3-00120-001 Tenant Apartment /9JS-0C3-00120-002 Tenant (Vacant) Apartment TUS-0C3-00120-003 Tenant (Vacant) Apartment /~JS-003-00120-004 Tenant (Vacant) Apartment ~935-003-00!30-001 Tenant (Vacant) Apartment ~930-0C3-00130-002 Tenant Apartment TUS-0C3-00130-003 Tenant (Vacant) Apartment ~935-0~3-00130-004 Tenant Apartment ~935-0~-00140-001 Tenant (Vacant) Apartment ~935-0C3-00140-002 Tenant (Vacant) Apartment ~935-0{~-00140-003 Tenant· Apartment TUS-0~3-00140-004 Tenant Apartment /93S-CC3-00150-001 Tenant Apartment /"J$-~3-00150-002 Tenant Apartment ~93S-0:3-00!50-003 Tenant Apartment TU$-0C3-00150-004 Tenant Apartment ~930-0~3-00160-001 Tenant Apartment ~J$-0C3-00160-002 Tenant Apartment TUSo0C3-00160-003 Tenant (Vacant} Apartment TU$-~5-00160-004 Tenant Apartment TU$-0C3-00170-001 Tenant ~Vacant) Apartment /9J$-0~3-00170-002 Tenant Apartment ~J$-0~3-00170-003 Tenant Apartment ~'JS-~C3-00170-004 Tenant Apartment TU$-0C~-00180-001 Tenant Apartment 5/3 Hispanic 2699.99 Yes No 2/4 No 0/0 Not avai 0.00 No No 0/0 No 0/0 Not avai 0.00 No No 0/0 No 0/0 Not avai 0.00 No No Q./0 No 0/0 Not avai 0.00 No No 0/0 No 2/3 Hispanic 2274.99 NO No 2/2 No 0/0 Not avai 0.00 No No 0/0 No 3/5 Hispanic 2426.66 No No 2/4 No 0/0 Not avai 0.00 No No 0/0 No 0/0 Not avai 0.00 No No 0/0' No 1/1 White 770.00 No No 2/2 No 6/4 Hispanic 4463.32. No No 2/4 No 3/2 Hispanic 1928.33 No No 2/2 No 2/2 Hispanic 1083.33 No No 2/2 No 5/2 Hispanic 3119.99 No No 2/3 No 4/2 Hispanic 3011.65 No No 2/3 No 2/5 Hispanic 1800.00 No No 2/3 No 2/0 ~hite 1500.00 No No 2/2 No 0/0 Not avai 0.00 No No 0/0 No 3/2 Hispanic 1667.66 No No 2/2 No 0/0 Not avai 0.00 No No 0/0 No 2/1 Hispanic 1080.00 No No 2/2 No 1/0 Not avai 0.00 No No 2/2 No 2/0 White 1500.00 No No 2/2 No 4/3 Hispanic 2469.99 No No 2/3 No 740.00 ?e~t/Tenant/0wner 0.00 Tena~-~/Tenant/Tenant 0.00 Te-=-=/Tenant/0wner 0.00 Tena~t/Tenan~/O~a%er 0.00 T,~a~/Tenan~/Owner 720.00 Tan=--n-=/Tenant/Owner 0.00 Te-=-a~%/Tenant/Owner 730.00 Ten=':/Tenant/O~rner 0.00 Ten:-t/Tenant/0wner 0.00 Tenant/Tenant/Owner 250.00 T~-=-c/Tenant/Owner 710.00 Te~ar.t/Tenant/Owner 750.00 Ter~_n=/Tenan~/Owner 720.00 T~-=-n~/Tenant/Owner 730 00 Ten~- ~./Tenant/Owner 730.00 Te-=-:/Tenant/Owner 750 00 Te-~- :/Tenan=/0wner 750 00 Te-~-~/Tenan=/Owner o oo // 700 O0 Te-:-:/Tenan~/0wner o oo // 0 O0 Te-=-:/'Tenanz/O~rner o.oo // 730.00 Te~=,'Tenan:/Ch~ner 780.00 T,nan:,/Tenan~/Chwner PACIFIC RELOCATION CONSULTA/~TS - RESiDEI~IAL LISTING REPORT By F~ on 04/07/98 at 1:26pm Project: Tustin, Tustln Meadows Apartments (TUS-3), All residential cases Page 2 Case Type Adults/ Family Bedrooms Monthly Utilities Paid by: Case ID ~welling Type Children Ethnic. Income Hndcp Elderly Now/Need Furnished Payment Gas/E!ec~r/Wa~er TUS-003-00180-002 Tenant Apartment TUS-003-00180-003 Tenant Ap.~artment TUS-003-00180-004 Tenant Apartment TUS-0C3-00190-001 Tenant Apartment TUS-0~3-00190-002 Tenant Apartment TUS-003-00190-003 Tenant Apartment TU$-003-00190-004 Tenant Apartment TUS-003-00200-001 Tenant Apartment TUS-003-00200-002 Tenant Apartment TUS-003-00200-003 Tenant Apartment ~JS-003-00200-004 Tenant Apartment TUS-003-00210-001 Tenant Apartment TU$-003-00210-002 Tenant Apartment TU$-003-00210-003 Tenant Apartment TU$-003-00210-004 Tenant Apartment TUS-00]-00220-001 Tenant Apartment TU$-003-00220-002 Tenant Apartment TUS-003-00220-003 Tenant Apartment TU$-0~3-00220-004 Tenant Apartment TUS-003-00230-001 Tenant Apartment TUS-0C3-00230-002 Tenant Ap. ar=ment ~3S-003-00230-003 Tenant A_Dartment ~JS-0~3-00230-004 Tenant Apartment TUS-0~3-00240-001 Tenant Apartment TU$-003-00240-002 Tenant Apartment 1/2 White 1386.66 No No 2/2 No 2/1 Hispanic 1106.00 No No 2/2 No 4/3 Hispanic 2708.33 No No 2/3 No 5/0 Hispanic 4500.00 No No 2/2 No '2/4 Hispanic 1420.83 No No 2/3 No 2/2 Black 490.00 No No 2/2 No 3/3 Hispanic 2736.66 No No 2/2 No' 3/2 Hispanic 2080.00 No No 2/2 No 3/2 Hispanic 3150.00 No No 2/2 No 5/2 Hispanic 3123.32 No No 2/3 No 1/4 White 1995.33 No No 2/2 No 4/1 Hispanic 2536.66 No No 2/2 No 2/5 Hispanic 2400.66 No No 2/3 No 4/2 Hispanic 1700.00 No No 2/2 No 0.00 Tenant/Tenant/~-T..e r 705.00 Tenant/Tenant/~'%.uuer 730.00 Tenant/Tenant/Owner 750.00 Tenant/Tenant/O~=er 750.00 Tenant/Tenant/0~?.er 705.00 Tenant/Tenant/~-.-uer 730.00 Tenant/Tenant/Owner 695.00 Tenant/Tenant/C~er 725.00 Tena~nt/Tenan~/~er 720.00 Tenan~/Tenant/Ch.~er 730.00 Tenant/Tenan=/0~=er 700.00 Tenan~/Tenanu/~=er 750.00 Tenant/Tenant/O~er 730.00 Tenanu/Tenant/~-~er (Vacant) 0/0 Not avai 0.00 No No 0/0 No 0.00 // 1/2 Black 673.00 No No 2/2 No 2/3 Hispanic 3500.00 No No 2/2 No 3/2 Hispanic 2643.32 No No 2/2 No 121.00 TenanU/Tenanu/0~=er 750.00 Tenant/Tenant/~.-uer 730.00 Tenant/Tenant/~.=er (Vacant) 0/0 Not avai 0.00 No No 0/0 No 0.00 // 4/4 Hispanic 3700.00 No No 2/4 No 1/0 Hispanic 0.00 No No 2/2 NO 2/3 Hispanic 1473.00 No No 2/2 No 3/2 Hispanic 2045.33 No No 2/2 No 2/5 Hispanic 2500.00 No No 2/3 No 4/3 Hispanic 2900.00 No No 2/3 NO 695.00 Tenan:/Tenan:/~?.er 0.00 Tenant/Tenan:/0wner 700.00 Tenant/Tenan~/0wner 730.00 Tenant/Tenan~/O~er 767.00 Tenant / Tenan~ / v'~-~e r 750.00 Tenant/Tenanu/v~w~-er PACIFIC RELOCATION CONSULTA/~'fS - P. ESIDE~'TIAL LISTING REPORT By MX on 04/07/98 at 1:26pm Project: Tustin, Tustin Meadows Apartments (TUS-3), All residential cases Page 3 Case Type Adults/ Family Bedrooms Monthly Utilities Paid by: Case ID Dwelling Type Children Ethnic. Income Hndcp Elderly Now/Need Furnished Payment Gas/E!ec=r/Water TU$-003-00240-003 Tenant Apartment TUS-003-00240-004 Tenant Apartment TU$-003-00250-001 Tenant Apar:men; TUS-003-00250-002 Tenant Apartment TUS-003-00250-003 Tenant Apar~men~ TU$o003-00250-004 Tenant Apar~men~ 2/2 Hispanic 1866.66 No No 2/2 No 700.00 Tenant/Tenant/Owner 4/2 Hispanic 3233.32 No No 2/3 No 730.00 Tenant/Tenant/Owner 3/2 Hispanic 2686.66 No No 2/2 No 750.00 Tenans/Tenant/0wner 3/3 Hispanic 1333.33 No No ..2/2 No 750.00 Tenant/Tenant/Owner 5/2 Hispanic 2090.00 No No 2/3 No 730.00 Tenant/Tenant/Owner (Vacant) 0/0 Not avai 0.00 No No 0/0 No 0.00 // BUSINESS: 0 cases AVERAGE: 2.27/1.84 1674.55 1.57/1.93 502.02 RESIDENTIAL: 56 cases (44 tenants, 0 homeowners, 12 vacancies) TOTAL: 56 cases, 127 adults, 103 children, 230 residential displacees, 88 bedrooms now, 108 bedrooms needed. The following figures are approved by the U. S. Department of Housing and Urban Development (H.U.D.) for use in the County of Orange to define and determine housing eligibility by income level 1 Pe~on 55,250 46,050 31,700 23.,050 2. Pe~on 63,150 52,650 36,250 26,300 3 Pe~on 71,050 59,200 40,750 29,600 4 Pe~on 78,950 65,800 45,300 32,900 5 Pe~on 85,250 71,050 48,900 35,550 6 Pe~on 91,600 76,350 52,550 38,150 7 Pe~on 97,900 81,600 56,150 40,800 _ 8 Pe~on 104,200 86,850 59,800 43,450 Figures are per the Department of Housing and Community Development, Division of Housing Policy Development, January 1998. C-1 TUSTIN COMMUNITY REDEVELOPMENT AGENCY /. II. IlL IV. V. VI. VII. VIII. IX. GENERAL INFORMATION ASSISTANCE IN LOCA TING A REPLACEMENT DWELLING MOVING BENEFITS REPLACEMENT HOUSING PAYMENT- TENANTS AND CERTAIN OTHERS OUALIFICA TiON FORAND FILING OF RELOCATION CLAIMS. LAST RESORT HOUSING ASSISTANCE RENTAL AGREEMENT APPEAL PROCEDURES- GRIEVANCE ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE I. GENERAL INFORMATION The building in which you now live is in an area to be improved by the Tustin Community RedevelopmentAgency (Agency). 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. We suggest you save this informational statement for reference. The Agency has retained the services of Pacific Relocation Consultants, a qualified professional relocation firm, to assist you. The firm is available to explain the program and benefits. Their address and telephone number is: Pacific Relocation Consultants 100 West Broadway, Suite 300 Long Beach, California 90802 Telephone: (800) 400-7356 Spanish speaking representatives are available. Si necesita esta informaci6n en Espa~ol, por favor Ilame 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 Pacific Relocation Consultants 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 Agency's relocation assistance program. D-] II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The 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, properweatherproofingand sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. III. MOVING BENEFITS If you must move as a result of displacement by the Agency, 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 Agency, and ranges, for example, from $300.00 for one furnished room to $1,750.00 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 ~HED~LE(~A~F~RN~A)~::~:~:~i~:~:~¢;~ :.~,'~ Occupant owns furniture Occupant does NOT own furniture 1 room $500.00 1 room $325.00 2 rooms $650.00 each additional room $50.00 3 rooms " $800.00 4 rooms $950.00 5 rooms $1,150.00 6 rooms $1,350.00 7 rooms $1,550.00 8 rooms $1,750.00 each additional room $175.00 ]3-2 If you select a fixed payment, you will be responsible for arranging for your own move and the Agency will assume no liability for any loss or damage of your personal property. B. Actual Moving Expense (Professional Move) If you wish to engage the services of a licensed commercial mover and have the 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 may be required, and assist you in developing a scope of services for Agency approval. IV.' REPLACEMENT HOUSING PAYMENT -TENANTS AND CERTAIN OTHERS 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 a least 90 days prior to the Agency's first offer to purchase the property or an owner who has occupied your dwelling for between 90 and 180 days prior to the Agency's first offer to purchase the property. A. Rental Assistance If you qualify, and wish to rent Your replacement dwelling, your rental assistance benefits will be based upon the difference over a 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- Bo Down-payment AssistanCe If you qualify, and wish to purchase a home as a replacement dwelling, you can apply the total amount of your rental assistance payment towards the down-payment. Your relocation representative will cladfy procedures necessary to apply for this payment. V. 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. The date the Agency fulfills its obligation to make available comparable replacement dwellings. D-3 All claims for relocation benefits must be filed with the Agency 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. VI. 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 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. 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. VII. RENTAL AGREEMENT As a result of the Agency's action to purchase the property where you live, you may become a tenant of the 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. Except for the causes of eviction set forth below, no person lawfully occupying property to be purchased by the Agency will be required to move without having been provided with at least 90 days written notice from the Agency. Eviction will be undertaken only in the event of one or more of the following infractions: Ao Failure to pay rent; except in those cases where the failure to pay is due to the less°r'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; Co Material breach of the rental agreement and failure to correct breach within 30 days of notice; D. Maintenance of a nuisance and failure to abate within a reasonable time following notice; E.. 'Refusal to accept one of a reasonable number of offers of replacement dwellings; or Fo The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity. D-4 VIII. APPEAL PROCEDURES - GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have his/her claim reviewed or reconsidered in accordance with the Agency's appeals procedure. Complete details on appeal procedures are available upon request from the Agency. IX. 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. AGENCIA REUBARIZADORA DE TUSTIN PARA EL DERARROLLO CIMUNITARIO L il. IlL IV. V. Vi. VII. VIII. IX. INFORMACI6N GENERAL A YUDA PARA ENCONTRAR UNIDAD DE REEMPLAZO BENEFICiOS DE MUDANZA PAGO EN REEMPLAZO DE VlVlENDA ;. INQUILINOS CALIFICAClONES PARA LLENAR RECLAMOS' DE REUBICACi~)N PAGOS DE ULTIMO RECURSO CONTRA TO DE RENTA PROCEDIMIENTOS DE APELACI~)N-AGRA rio INFORMACION ADIClONAL Y ASISTENCIA DISPONIBLE I. INFORMACi6N GENERAL El edificio en que usted vive est~ en una ~rea que va ser rehabilitado por Agencia Reubarizadora de Tustin para el Desarrollo Comunitario ("Agencia"). De acuerdo a procedimiento de la agenda, tal vez ser~ neCesario que usted se cambie de su residencia. Usted ser~ notificado(a) con tiempo razonable hasta la fecha en que deberA cambiarse. Por favor lea esta informaci6n, ser~ de mucha ayuda para determinar su elegibilidad y la cantidad de beneficios en su reubicaciOn. Le recomendamosque guarde esta informaciOn como referencia. La Agencia ha contratado los servicios de la compa~ia Pacific Relocation Consultants, una empresa profesional muy calificada para ayudarle. La empresa est;~ a su disposiciOn para explicarle la programa y los beneficios. La direcci6n y numero de telSfono es: Pacific Relocation Consultants 100 West Broadway, Suite 300 Long Beach, California 90802 Tel~fono: (800) 400-7356 POR FAVOR NO SE MUDE ANTES DE TIEMPO. ESTE NO ES UN AVlSO PARA DESOCUPAR SU VlVlENDA. Si usted desea mudarse antes de Io requerido, deberia ponerse en contacto con la empresa Pacific Relocation Consultants para que no pierda ninguno de sus beneficios. Este es t3nicamente un folleto de informaci0n general y no tiene'la intenci0n de proporcionar una descdpciOn detallada ni de la ley ni de los reglamentos relacion~dos que pertenecen de la programa de reubicaci6n de la Agencia. F-! II. AYUDA PARA ENCONTRAR UNIDAD DE REEMPLAZO La Agencia, a trav~s de sus representantes, ie ayudaran a I°calizar una vivienda de reemplazo proporcion~ndole listas de viviendas disponibles. Es importante que usted se mantenga activo buscando. En cuanto encuentre una vivienda de reemplazo, su representante har~ una inspecci6n de la unidad para determinar si la unidad re,ne todos los requisitos de una vivienda que es digna, segura e higi~nica. Una unidad que es digna, segura e higi~nica debe proveer cupo suficiente para sus ocupantes, estar a prueba de mai temporal y sistema adecuado de calefacci6n, plomeria, e electricidad. Su vivienda de reemplazo debe pasar una inspecci6n antes de autorizar pagos de beneficios. ; III. MUDANZA Si tiene que mudarse debido a un proyecto de la Agencia, recibir~ un pago para asistirle en su cambio fisico. Dos formas de pago est~n disponibles. Usted puede escoger uno de los tipos de pagos de mudanza siguientes: A. Pago Fijo de Mudanza Un Pago Fijo est~ basado en el numero de cuartos que ocupa y si es poseido de sus muebles o no. E! pago est~ basado en una agenda aprobada por la Agencia, y ser~ de $300.00 por un cuarto amueblado hasta $1,750 por 8 cuartos con muebles. (Para detalle, vea la forma abajo). Su representante le informar~ la cantidad que recibir~ al ser elegible. Ocupante Due~o de Muebles Ocupante no es Due~o de Muebles 1 cuarto $500,00 1 cuarto $325,00 2 cuartos $650,00 Cada Cuarto Adicional $50,00 3 cuartos $800,00 4 cuartos $950,00 5 cuartos $1.150,00 6 cuartos $1.350,00 7 cuartos $1.550,00 8 cuartos $1.750,00 Cada Cuarto Adicional $175,00 £-2 · Si usted escoge el pago fijo de mudanza, ser;~ responsable de su cambio y la Agencia no asumir~ ninguna responsabilidad, por perdida o dar~o relacionado con su cambio. B. Gastos Actuales de Mudanza (Compa~ia Profesional) Si usted decide elegir una mudanza autoriZada y quiere que la Agencia pague la factura, puede reclamar el costo ACTUAL del cambio de sus cosas personales hasta una distancia de 50 millas. Su representante de reubicaci6n le informar~ del numero de presupuestos estimativos seg~Jn se requiera, y le asistir~ en'preparar-un plan que la Agencia pueda aprobar. IV. PAGO EN REEMPLAZO DE VIVIENDA -INQUILINOS Usted puede ser elegible para un pago hasta de $5,250.00 como ayuda para rentar o comprar una propiedad comparable. Para calificar, debe de haber sido un inquilino en residencia en su vivienda actual por Io menos de 90 dias, o un due~o-ocupante que ha vivido en la vivienda por no menos de 90 dias y no mas de 179 dias, antes de la primera oferta de la Agencia para comprar la propiedad. A. Asistencia de Renta Si usted califica y desea rentar su vivienda de reemplazo, sus beneficios se basar~n en la diferencia sobre un periodo de cuarenta y dos (42) meses entre la renta que tiene que pagar por una vivienda comparable, y Io menor de la renta actual o treinta porciento (30%) de los ingresos mensuales en bruto. Usted deber~ informar a su representante de su renta y sus ingresos mensuales antes de establecer su elegibilidad para el pago. -O- B. Asistencia de Pago de Entrada Si usted califica y desea comprar su vivienda de remplazo, puede aplicar la cantidad total de su pago de asistencia de renta para un pago de entrada. Su representante de reubicaci6n le explicar~ los procedimientos necesarios para aplicar por este pago. V. CALIFICAClONES PARA LLENAR RECLAMOS DE REUBICACI6N Para calificar por un Pago de Remplazo de Vivienda, tiene que rentar o comprar una vivienda de reemplazo comparable durante un a~o de Io que ocurra despu6s de: £-3 . Para inquilino, la fecha que desocupo su vivienda, . Para due~o-ocupante, la fecha en que recibir~ pago final por su vivienda o, en caso de un procedimiento de condenaci6n, la fecha del deposito de compensaci6n justa con la corte, o . La fecha por Io cual la Agencia cumple con la obligaci6n de recomendar por Io menos de tres viviendas de reemplazo comparable. Todos los reclamos de reubicaciOn deben ser presentados dentro de dieciocho (18) meses de la fecha en la cual usted recibe el pago final por su propiedad, o la fecha en la cual se mud6, Io que ocurra despu6s. ; VI. PAGOS DE ULTIMO RECURSO Si viviendas de reemplazo comparable no son disponibles cuando se tiene que mover, o si viviendas de reemplazo no son disponibles dentro de los limites monetarios ya citados, la Age'ncia le dar~ asistencia de ultimo recurso para que Pueda rentar o comprar una vivienda de reemplazo en bien tiempo. Asistencia de ultimo recurso es basado en los circunstancias individuales del desplazado. Su representante de reubicaci6n le explicar~ el proceso para determinar si califica por asistencia de ultimo recurso. Si es inquilino y prefiere comprar en vez de rentar una vivienda de reemplazo comparable, la cantidad total ser~ aplicada a la residencia de reemplazo como pago de entrada. VII. CONTRATO DE RENTA Como resultado de una acci6n de la Agencia para comprar la propiedad donde usted vive, usted pasa a ser un inquilino de la Agencia. En este caso, se le pedir~ que firme un contrato de renta, que especificar~ la renta mensual, cuando pagos se vencen, donde se pagan, y otra informaci6n pertinente. Excepto por las causas de desalojo dichas abajo, ninguna persona que legalmente ocupa una propiedad de la Agencia es requerida a cambiarse si no tiene un aviso escrito por Io menos de 90 dias. Desalojo es dado solamente por una o mas de las siguientes razones: Ao Falla de no pagar renta, excepto en casos donde este es debido a la falta del due~o de no mantener los predios en una condici6n habitable, o cuando los servicios b,~sicos han sido discontinuados o interrumpidos por un largo plazo. B. La perpetracibn de un hecho peligroso o ilegal en los predios. C. La falta de mantener los t~rminos del acuerdo de renta entre 30 dias de haber sido notificado. F.-4 Do F. La continuaci6n de un estorbo despu6s de haber sido notificado. Despu6s de haber recibido una cantidad razonable de referencias a viviendas de reemplazo. Cuando la evicci6n es requerida por leyes estatales o locales y no puede ser evitada por medio de esfuerzos de la entidad publica. Viii. PROCEDIMIENTOS DE APELACI~N-AGRAVlO Cuaiquier persona con una queja por una determinaci6n de elegibilidad en un pago de reubicaci6n o de la cantidad de un pago, puede pedir que su reclamo sea revisado o reconsiderado de acuerdo con el procedimiento de apelaciones establecido. Los detalles completos de apelaci6n y procedimientos est~n disponibles solicit~ndolos a la Agencia. IX. INFORMACI~N ADIClONAL Y ASlSTENClA DISPONIBLE Los responsables de proveer asistencia de reubicaci6n esperan ayudarle en todas las formas posibles para minimizar la dificil tarea de reubicar a una nueva casa. Su cooperaciOn ser~ de mucha ayuda y gratamente apreciada. Si tiene pregunta$ durante el proceso, no dude en comunicarse con su representante de reubicaciOn. £-5 REPLACEMENT HOUSING PLAN FOR THE TUSTIN MEADOWS APARTMENT PROJECT Prepared for TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY TUSTIN, CALIFORNIA 92680 By PACIFIC RELOCATION CONSULTANTS 100 WEST BROADWAY AVENUE, Sm'rE 300 LONG BEACH, CALIFORNIA 90802 (800) 400-7356 June 1998 TABLE OF CONTENTS I. INTRODUCTION .............. ' ......................... ' .... Page 1 II. PROJECT DESCRIPTION AND LOCATION ................. ..... Page 3 III. UNITS TO BE REPLACED ......... ' .......................... Page 5 IV. ANNUAL INCOME RESTRICTIONS ............................. Page 8 V. LOCATION OF REPLACEMENT HOUSING ...................... Page 9 VI. FINANCING THE REPLACEMENT HOUSING ................... Page 11 VII. NON-APPLICABILITY OF ARTICLE XXXIV OF THE CALIFORNIA CONSTITUTION ........................ Page 12 VIII. TIME TABLE - DEVELOPMENT & CONSTRUCTION OF REPLACEMENT HOUSING .............................. Page 13 IX. SUMMARY ............................................... Page 14 Section 33413(a) of the California Redevelopment Law (Health and Safety Code, Section 33000 et seq.) requires that whenever dwelling units housing persons and families of Iow or moderate income are destroyed or removed from the Iow and moderate income housing market as Part of a redevelopment project, which is subject to a written agreement with a redevelopment agency or where financial assistance has been provided, the agency shall within four (4) years of the destruction or removal; rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of Iow or moderate income, an equal number of replacement dwelling units at affordable housing cost within the redevelopment project area or within the territorial jurisdiction of the agency. Because the dwelling units will be removed after September 1, 1989, 75% of the replacement dwelling units shall replace dwelling units in the same income level of very Iow income households, lower income households and persons and families of Iow and moderate income, as the persons displaced from those destroyed or removed units. Section 33413.5 of the California Redevelopment Law requires a redeVelopment agency to adopt a replacement housing plan whenever the agency executes an agreement for acquisition of real property, or an agreement for the disposition and development of property which would lead to the destruction or removal of dwelling units from the Iow and moderate income housing market. The plan should identify the impacts that a particular redevelopment project will have on the community's supply of Iow and moderate income housing and detail the measures that the Page 1 agency will take to ensure that the appropriate replacement housing is produced within the four year time limit. Demolished or converted, occupied or vacant occupiable, very Iow, Iow and moderate income units must be replaced with units of an equal number of bedrooms from the removed units. The units must be within the agency's jurisdiction, in standard condition, and designed to remain affordable to very Iow, IoW and moderate income households, respectively for the longest feasible .time, as determined by the Agency, but for no less than the period of the land use controls established in the redevelopment plan. The Redevelopment Plan for Tustin Community Redevelopment Agency's (the "Agency") Town Center Redevelopment Project Area is scheduled to expire on November 22, 2006. The replacement units must be provided within a four year time frame, which is estimated to be October 2002. This Replacement Housing Plan (the "Plan") has been prepared by the Agency as a result of. redevelopment of the Tustin Meadows Apartment Project and to satisfy the requirements for replacement housing contemplated under the California Redevelopment Law. This Plan describes: 1) the proposed project, 2) the general location of the very-low, Iow and moderate income dwelling units which will, or may be, removed or destroyed as a result of the project, 3) the general location and intentions for the development of the replacement housing, 4) the means of financing such development, 5) the schedule for the construction of the replacement housing, and 6) the period for which these units will remain affordable. Page 2 AND LOCATION I The DeBeikes Investment Company (the "Developer")is proposing to acquire the 56-unit apartment complex at 120-250 Sixth Street, known as the Tustin Meadows Apartment Project (the "Project), demolish the existing improvements, and construct small lot, single family homes for sale to entry-level home buyers. To accommodate the proposed Project, it will be necessary to acquire the property and relocate the residential occupants residing in the Tustin Meadows Apartments. The Agency will be providing, through Agency twenty percent (20%) set aside tax increment funds, gap funding for the land acquisition and providing relocation assistance and benefits to the displaced families as a result of the purchase of property and relocation of the occupants from the Project. Figure 1 is a map of the Regional Project Location and Figure 2 is a map of the Town Center Redevelopment Project Area and Tustin Meadows Project Site Location. The development of the proposed Project will necessitate the acquisition of fourteen (14) apartment buildings and the displacement and/or demOlition of fifty-six (56) apartment dwellings. Page 3 Figure 1' Regional Project Location CITY OF TUSTIN PROJECT LOCATION .. ii TOWN CENTER REDEVELOPMENT PROJECT AREA EXHIBIT Figure 2: Project Site Location Page 4 I ..-".: ' ': '.:-~ :.:::~i:::.:.~;i:::i' ,!,~':% '~.i:'~:,~:~ ~::: ,:~ ":~:.;::.~'~:;!'::~ii~'i:~%~ ~:~.~ ~ ::i.:~!ii~: :.:,:.;:~ .::' ::::~!~:.:,~ii~:~:~,~::~':.~i~i.,~.!~ii~ ~ ':~ :~i:.C~ A door to door survey was conducted in March of 1998 to determine the number of bedrooms for each displaced dwelling unit and the income level for each family displaced from the Project. Results from the survey revealed that there were fifty-six (56), two (2) bedroom apartments in the Tustin Meadows Apartment complex. Of those apartments, only forty-four (44) apartments were occupied. In addition, twelve (12) apartments were found to be vacant', but occupiable in the last year. Thus, all fifty-six (56)occupied and Vacant, occupiable apartments will be considered in this replacement housing plan analysis. In conducting the survey, forty-two (42) households in the Project were willing to provide information with respect to income, family composition and other information necessary to fully comply with the requirements of a replacement housing plan. Therefore, in an effort to address the replacement housing needs for this Project, certain assumptions had to be made with respect to income levels for the two (2) households that did not respond to the survey and for the vacant occupiable units. For purposes of the Replacement Housing Plan, the Agency has taken a conservative approach and assumed that the percentage distribution by income level for the surveyed households are the same percentages for the two (2) households that did not respond to the survey and for the twelve (12) occupiable apartments that were found to be vacant. Page 5 Therefore, based on the information obtained from those forty-two (42) households responding to the survey and the assumptions for those two (2) households that did not respond to the survey and the twelve (12) vacant occupiable apartments, the Agency determined that forty (40) families were very-low income, sixteen (16) families were Iow income, and no families were moderate income or above moderate income. Per the law, seventy-five percent (75%) of the dwelling units for a tOtal of eighty-four (84) bedrooms Shall be replaced with dwelling units having an equal .number of bedrooms available at the very Iow and Iow income levels. BedrOom Survey by Income Level Table 1 defines the number of dwelling units and bedrooms that will have to be replaced by 75% of the very-low and low income levels. The numbers under each household category indicate the total households displaced (the number of dwelling units) and the numbers in parenthesis indicate-the total number of bedrooms displaced for each income level by bedroom size. For this Project, all dwelling units were found to be two (2) bedroom households. Table 1 further defines the number of bedrooms necessary to meet the requirements of the 75% replacement criteria. i . HOUSEHOLDS~.B~:BEDROOM SIZE & INCOME'~LEVEL~;:~ 2 Bd~ Households 40 16 0 56 (~ Bedrooms) (80) (32) (0) (112) 75% Replacement: 30 12 14 56 ~ Households (60) (24) (28) (112) ( ~ Bedrooms) Page 6 As a result, there are a total of one hundred and twelve (112) bedrooms in fifty-six (56) residential units that need to be rehabilitated, developed, or constructed pursuant to Section 33413(a) of the Community Redevelopment Law. Based on the 75% replacement criteria by income level, of these one hundred and twelve (112) bedrooms, it has been determined that sixty (60) replacement bedrooms should'be affordable to very-low income households, twenty-four (24) replacement bedrooms should be affordable to Iow income households, and the balance of twenty-eight (28) replacement bedrooms will not have any household income restriction. Page 7 California Health and Safety Code Section 50079.5 and 50105 provide that the moderate, Iow and very-low income limits established by the U. S. Department of Housing and Urban Development ("HUD") are the state limits for those income categories. Sections 50079.5 and 50105 direct the Department of Housing and Community Development ("HCD") to publish the income limits. HUD released new income limits in January 1998. Accordingly,' HCD has filed with the Office of Administrative Law amendments to Section 6932 of Title 25 of the California Code of Regulations. The amendments contain the new HUD income limits prepared by HCD pursuant to Health and Safety Code Section 50093. The following figures, shown in Table 2, are approved for use in the County of Orange to define and determine housing eligibility by income leveh "'"~' ...... ~"' ...... "'HOUSING ........ "" ..... ~ 0 ........ ~ .............. " ......... :~-~z~::~::~;,'~: :~=:.?~ :ELIGIBILI~~ By ANNUAE INC ME LEVEU?::~?:~':-:~ Family Size Moderate Median Low Ve~ Low 1 Person 55,250 46,050 31,700 23,050 2 Person 63,150 52,650 36,250 26,300 3 Person 71,050 59,200 40,750 29,600 4 Person 78,950 65,800 45,300 32,900 5 Person 85,250 71,050 48,900 35,550 6 Person 91,600 76,350 52,550 38,150 7 Person 97,900 81,600 56,150 40,800 8 Person 104,200 86,850 59,800 43,450 Page 8 The Agency.Jaad'"is banking dwellings units as a result of construction or rehabilitation in previous affordable housing projects. The information contained in Table 3 highlights those replacement units that have been created as a result of new development or rehabilitation in Tustin Redevelopment Agency's jurisdiction. The two projects that will create surplus replacement units include: (1) Orange Garden, a 150-unit apartment, rehabilitation project, and (2) Tustin Grove, a 145-unit single- family, home-ownership, new construction project. Finally, Table 4 summarizes the surplus of replacement units by income level that will be available as an offset against the demolition of replacement units identified in the Tustin Meadows Apartment Project. The City and Agency's actions have resulted in the creation of replacement housing units. Those surplus units will be allocated by the City and Agency for future housing obligations; a portion of which will be set aside for very-low, Iow and moderate income families. Therefore, as defined in Table 4, the Agency elects to use a portion of the very-low and Iow income units available. The balance of the fourteen (14) units with twenty- eight (28) bedrooms, that need to be replaced and that are not income restricted, will be replaced at the Agency's discretion by either: (1) by utilizing the surplus non- restricted units created in the Tustin Grove Project, or (2) by the creation of thirty (38) single-family homes intended to be cor~structed at the location of the Tustin Meadows Apartment Project. Page 9 I . ..... ............ :~;~:~:;:, owt~?; ;. e~ Low. 1 Bdrm 9/(9) 8/(8) 0 0 9/(9) 8/(8) 17/(17) 2 Bdrm ~/(107) 50/(81) 0 0 '54/(107) 50/(81) 94/(188) 3 Bdrm 2~(67) ~7/(50) 8/(24) 6/(~ 8) 30/(9~) 23/(6~) S3/(~ Sg) ~8~(183~: ~:65/(i3~)~'''~'' ............... '~ ' ''? .................. ~ "~' ............ "?;" * Note: For the Tustin Grove Project, seven (7) three (3) bedroom single-family homes restricted to moderate income households will be created. In addition, one hundred and twenty-four (124) three (3) bedroom single-family homes with no income i'estrictions will be created. .......... ,,,,.,~.~.~,~TUSTIN,..REDEVELOPMEN? PROJECT:AREAS :~,¢,-~ :~ :-,-:-. :.- .- =.~' ~,~ '. ~. ' ,.PROJECT ~=~ Agency Created Replacement Housing Units 93~(207) 7'1/(157) "roje; Required 75% Replaceme.t Hou,in, Hn,t. 30/~.0) ~2/(24) . Page 10 The Redevelopment Plan for the Tustin Redevelopment Project Area authorizes the Agency to finance its activities with assistance from actual sources, including the City of Tustin, State of California, United States Government, property tax increment funds, interest income, Agency bonds, or other available sources. In the acquisition and rehabilitation of the surplus affordable housing units identified in the preceding section, the City of Tustin, in conjunction with the County of Orange, utilized Development Revenue Bonds to finance the acquisition and rehabilitation by the Developer of the 150 unit multifamily, Orange Garden housing development. The construction of the 145 unit Tustin Grove Project was financed through 20% housing set aside funds from the Agency's tax increment. Wherever feasible, the Agency uses or will utilize State or Federal grants and loans, including, but not limited to: HUD Community Block Grant (CDBG) funds; HOME or HOPE grants; various mortgage subsidy or guarantee programs that may become available, including Section 202 and programs offered by the California Housing Financing Agency (CHFA); tax increment funds; and below market rate financing through the sale of tax exempt mortgage revenue bonds. Specific funding for future replacement housing units may be through the use of any combination of the above described methods and sources. Page It is hereby found and determined that the replacement housing to be developed and constructed under this replacement housing plan does not require approval of the voters of the City of Tustin pursuant to Article XXXIV of the California Constitution. 'Neither the proposed ownership housing, nor the proposed rental housing are "low rent housing projects" as described in Article XXXIV, .and Section 37001 (b) of the California Health and Safety Code, because all such replacement housing will be privately owned, and will not be exempt from real property taxes by reason of public ownership and will not be financed with direct long term financing from a public body. In addition, the Agency will not" develop, construct, or acquire" housing as described in Section 1 of Article XXXIV of the State Constitution because it will be providing a developer assistance and monitoring construction by imposition of mandated or authorized conditions. Page 12 The Agency' is presently working with developers to complete the rehabilitation and/or construction of all the surplus affordable dwelling units discussed in this Plan, of which the Agency anticipates utilizing a portion thereof, as replacement for the very-low and Iow income apartment housing bedrooms required under this Plan. Ail units created as replacement housing units will be completed within four (4) years and will remain income restricted for a period as required by law. Page 13 In summary, a total of one hundred and twelve (112) bedrooms in fifty-six (56) dwelling units will be removed as a result of the construction of the Tustin Meadows Apartment Project. Based on the 75% replacement criteria by income level of these one hundred and twelve (112) bedrooms, sixty (60) very-low income replacement bedrooms and twenty-four (24) Iow income replacement bedrooms will be subtracted from the Agency's surplus housing bank of very-low and Iow income units. The balance of twenty-eight (28) replacement bedrooms that will not have any household income restriction will be replaced with units, at the Agency's discretion, by either: (1) utilizing the surplus non-restricted units created in the Tustin Grove Project, or (2) by the creation of thirty (38) single-family homes intended to be constructed at the location of the Tustin Meadows Apartment Project. Agency. The result of the above actions will yield the required number of replacement dwelling units as mandated under California Redevelopment Law and the Housing and Community Development Act. The Tustin Community RedevelopmentAgency recognizes its legal and community responsibilities in this matter and will make a sincere, good-faith effort to accomplish these goals. The Agency retains its option to use other approaches and strategies not discussed herein to fulfill its replacement housing obligations in a timely manner. Page 14