HomeMy WebLinkAboutRDA 03 RELOCATION PLAN 06-21-04
AGENDA REPORT
Agenda Item
Reviewed: É
City Manager
Finance Director
RDA3
MEETING DATE:
JUNE 21,2004
FROM:
WILLIAM A. HUSTON, EXECUTIVE DIRECTOR
REDEVELOPMENT AGENCY STAFF
TO:
SUBJECT:
APPROVAL OF RELOCATION PLAN AMENDMENT FOR TUSTIN LIBRARY
PROJECT
SUMMARY
Agency approval of the Relocation Plan Amendment is requested for the proposed
project located in the Town Center Redevelopment Project Area.
RECOMMENDATION
It is recommended the Redevelopment Agency adopt Resolution No. RDA 04-04
approving and adopting the Relocation Plan Amendment for the proposed Tustin Library
Project.
FISCAL IMPACT
No direct fiscal impacts on the Redevelopment Agency or implementation of the
Relocation Plan Amendment are anticipated at this time. If the negotiations with the
property owners result in a Purchase Agreement(s) , the fiscal impact of the proposed
Project will be discussed in the future.
BACKGROUND
The Tustin Redevelopment Agency has been conducting design and programming
studies and preparing State funding assistance applications for the redevelopment and
expansion of the Tustin Library. The proposed Tustin Library Project would replace the
existing Civic Center facility located at 345 East Main Street on an enlarged site that
encompasses the existing library and additional properties (the "Project").
William A. Huston
Relocation Plan Amendment for Tustin Library Project
June 21,2004
Page 2
The City has acquired four properties on the west side of Preble Drive (the "De Nicola"
and "Emery" properties) and has relocated all of the residential tenants from the Emery
properties, as identified in the Relocation Plan for the Tustin Library Expansion Project
which was adopted on September 2,2003 (Resolution No. RDA 03-15). In addition, the
Agency has secured options to purchase four properties on the east side of Preble
Drive to facilitate the development of the proposed Project. The four properties under
purchase options include three triplex apartments and a child care facility. The
acquisition of the four parcels on the east side of Preble Drive would result in the
potential displacement of 9 additional residential households and one additional
commercial tenant.
Anticipated funding for the proposed Project would include grant funds pursuant to the
California Reading and Literacy Improvement and Renovation Act of 2000 (the
California Library Bond Act) and additional local funds, including Redevelopment tax
increment funds as approved by the City Council and Agency. The Tustin
Redevelopment Agency will be responsible for the land acquisition and relocation
efforts.
Relocation Plan
Since a portion of funding for the proposed Project is anticipated in part from Agency tax
increment funds, the Relocation Plan and subsequent relocation assistance for the
proposed project will be made in accordance with the provisions of the California
Relocation Law (California Government Code Section 7260 et seq. - the Law) and the
California Code of Regulations (CCR Title 25, Chapter 6 - the Guidelines) with respect
to residential and commercial displacement. The Agency is required to prepare, submit
for public review and approve a relocation plan prior to the commencement of a
displacing activity. The primary purposes for such a plan are to identify the needs of
potential displaces, discuss replacement housing and commercial space availability and
detail a relocation program that will provide appropriate technical and financial
assistance to all eligible displaced persons.
In order to evaluate the present housing and business tenancy circumstances and the
requirements of potential displacees, Overland Pacific and Cutler, Inc. have prepared a
Relocation Plan Amendment for the Project which is attached for the Agency's review
and approval. .
William A. Huston
Relocation Plan Amendment for Tustin Library Project
June 21,2004
Page 3
The Relocation Plan Amendment addresses the following:
1. A general description of the proposed Project area and the specific Project site;
2. Survey methodology and data including individual assessments of the relocation
needs of households and businesses who may be displaced as a result of the
proposed project;
3. An assessment of the availability of nearby comparable relocation housing and
discussion of replacement site opportunities for businesses within the City of
Tustin and surrounding areas; and,
4. The steps and procedures that the Agency will follow to ensure that a satisfactory
and thorough relocation program is implemented.
Information regarding the additional 9 affected households and one business tenant
potentially affected by the Project was obtained through personal interviews conducted
during the month of April.
The Relocation Plan Amendment indicates that survey data suggests that there will be
sufficient availability of comparable nearby rental housing to meet the needs of the nine
residential occupants which are likely to be displaced from development of the proposed
project. Based on physical surveys it also appears that the potentially displaced
business can expect to find a reasonable inventory of available nearby commercial
sites. In addition, displaces who are willing or desiring to consider relocation beyond
the immediate City of Tustin area, can expect to have numerous relocation units and
replacement site options available.
Implementation of the Relocation Plan Amendment will provide all additional 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.
Residential occupants may also be eligible for rental assistance payments of up to
$5,250 except in the case of last resort housing, which would base the total payments
upon the monthly housing assistance need over a forty-two (42) month period. The
additional eligible business displace will be provided payment for actual moving
expenses as provided under the CCR Guidelines or may elect an in-lieu payment
amount of not less than $1,000 to $10,000 based on the average, annual net earnings
of the business. In addition, a business may be eligible for loss of good will if it can
William A. Huston
Relocation Plan Amendment for Tustin Library Project
June 21, 2004
Page 4
support a claim under State law (California Code of Civil Procedures Section 1263.510).
Specific eligibility requirements and benefit plans will be detailed on an individual basis
with all displaces.
Finding of Benefit
This site is located in the Town Center Project Area. In March, 2000, the Tustin
Community Redevelopment Agency adopted a Second Five-Year Implementation Plan
for the Town Center and the South/Central Redevelopment Projects for fiscal years
2000-2001 to 2004-2005. 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
property acquisitions, design studies and State funding assistance applications to
support and facilitate the redevelopment and expansion of the Tustin Library.
The proposed Project is consistent with the Implementation Plan for the Town Center
Redevelopment Project Area. It would remove the existing library facility in the Project
Area, which is nearing the end of its useful life and which is characterized by a number
of deterioration problems, over-utilization and insufficient parking, and assemble aging
disparate ownership apartment buildings and two commercial properties to provide for
the much needed expanded library. The proposed project will substantially expand the
Tustin Library and its services, provide educational and recreational improvements, and
stimulate economic development in the area. The proposed project would construct a
new, single story facility on the present site expanded by the acquisition of the
additional properties.
Approval of the Relocation Plan Amendment for the proposed Tustin Library Project
does not commit the Agency or City to funding project costs until the Agency and City
approves individual discretionary actions necessary for the Project to proceed.
C ristine A. Shinglet n
Assistant City Manager
J es A. Draugho
Redevelopment Program Manager
Attachments: Resolution No. RDA 04-04
Relocation Plan Amendment
RESOLUTION NO. RDA 04-04
A RESOLUTION OF THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING AND ADOPTING THE RELOCATION
PLAN AMENDMENT FOR THE TUSTIN LIBRARY PROJECT
PROPERTY IN THE CITY OF TUSTIN
The Tustin Community Redevelopment Agency DOES HEREBY RESOLVE as follows:
I.
The Tustin Community Redevelopment Agency finds and determines as follows:
A.
Section 6038 of the State Redevelopment Guidelines (25 California Code of
Regulations Section 6038) requires the Agency to prepare, as soon as
possible after the initiation of negotiations, and prior to proceeding with any
phase of a project that will result in displacement of residents or businesses, a
specific Relocation Plan; ,
B.
A Relocation Plan for the Tustin Library Project (the "Project") for properties
located on the west side of Preble Drive was adopted by the Tustin
Community Redevelopment Agency on September 2, 2003 (Resolution No.
RDA 03-151)
C.
A Relocation Plan Amendment for additional properties located on the east
side of Preble Drive has been prepared and notice of the availability of the
Relocation for the Relocation Plan Amendment for review has been provided
to interested persons, including residents impacted by the Relocation Plan
Amendment;
D.
There will be no direct or indirect fiscal impacts on the Agency or physical
impacts on the environment from the approval and adoption of the Relocation
Plan Amendment because it will not be implemented until such time as a
Purchase Agreement is approved by the Agency or at such time as the
Agency acquires possession of the property under other legal procedures;
E.
On May 6, 2002, the Tustin City Council approved a Mitigated Negative
Declaration for the Project pursuant to Public Resources Code Section 21000,
et seq., the California Environmental Quality Act (CEQA) and on May 30,
2002 the City filed a Notice of Determination under CEQA with the County
Clerk of the County of Orange, California; and
F.
The Agency now desires to approve the Relocation Plan Amendment.
Resolution RDA No. 04-04
Page 2
NOW THEREFORE, the Tustin Community Redevelopment Agency resolves as
follows:
1.
The Relocation Plan Amendment is not a "project" subject to CEQA,
because neither will cause a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment. Public
Resources Code Section 21065; 14 California Code of Regulations Section
153378(a).
2.
The Relocation Plan Amendment attached hereto is hereby approved and
adopted.
PASSED AND ADOPTED at a regular meeting of the Tustin Community Redevelopment
Agency held on the 21 st day of June 2004.
TONY KAWASHIMA, Chairperson
PAMELA STOKER
Recording Secretary
Resolution RDA No. 04-04
Page 3
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
ss
I, Pamela Stoker, Recording Secretary and ex-officio Recording Secretary of the
Community Redevelopment Agency of the City of Tustin, California, do hereby certify that
the whole number of the members of the Community Redevelopment Agency of the City
of Tustin is five; that the above and foregoing Resolution No. RDA 04-04 was duly passed
and adopted at a regular meeting of the Tustin Community Redevelopment Agency, held
on the 21 st day of June 2004, by the following vote:
AGENCYMEMBER AYES:
AGENCYMEMBER NOES:
AGENCYMEMBER ABSTAINED:
AGENCYMEMBER ABSENT:
PAMELA STOKER
Recording Secretary
RDA Reso\RDA 04-04 Library Expansion Project Relocation Plan Amendmentdoc
RELOCATION PLAN
AMEND MENT
Library Expansion
Prepared for:
The City of Tustin Redevelopment Agency
By:
Overland, Pacific & Cutler, Inc.
24422 Avenida de la Carlota, Suite 275
Laguna Hills, California 92653
(949) 951-5263
May, 2004
",,""'Y""'~'1'iy:/<,,~,¡.,
TABLE OF CONTENTS . "~a1i,':i!;~¡t'~"'
INTRODUCTION........,....................,.,........"...........".............1
I.
PROJECT AREA DESCRIPTION ....,.........."..............,..............,,2
A. THE REGIONAL LOCATION .....................,................,.......2
B. PROJECTSITELOCATION ...................,.,.,...........",........ 3
ASSESSMENT OF RELOCATION NEEDS ..................,...................... 4
A. SURVEYMETHOD .......,............,.............,.................. 4
B. FIELDSURVEYDATA...................,............,.,...,.......,....4
1. HousingMix.......,..........,.........,..................,....,4
2. ProjectAreaRents .....,.,............,..................,.,..,..4
3. Occupancy .....,....................,.......................... 4
4, Replacement Housing Needs ....,..................,..........,..,.5
5. Income......,..,.,.,.."....,..,..........,...........,....,..5
6, Ethnicity/Language ........,."..............,..............,..... 6
7. Senior/HandicappedHouseholds ...................................,6
8. PreferredRelocationAreas....".,..........".,...,...,.",.......6
II.
RELOCATION RESOURCES ...,."..........."..........."..................7
A. METHODOLOGY...................,.........................",.,.....7
B. REPLACEMENTHOUSINGAVAILABILITY .........,........................ 7
C. RELATEDISSUES......,.",...........,.............,.................8
1. ConcurrentResidentiaIDisplacement......................,..........8
2. TemporaryHousing....,...."........,..,..........."...,.......8
3, Loss of Business Goodwill .,..........."...........,.,............8
III.
IV.
V.
THERELOCATIONPROGRAM ......,.........",....,........,................9
A. INTRODUCTION .".,...........",.........,..,.........,....,........ 9
B. RELOCATION ADVISORY ASSISTANCE PROGRAM..... . , , ,......... . . ..... 9
C. RELOCATION BENEFITS (Residential Displacees) .. , . . . . . . . , . . . . . . . . . . . , , . .. 11
1. Residential Moving Expense Payments .........,.........".........12
2, Rental Assistance To 90-Day Residential Tenants Who Re-Rent ........,. 13
3. Downpayment Assistance To 90-Day Tenants Who Choose to Purchase. . .. 14
4. Payments To Non-Tenured Residential Tenants. . . . . . . . . . . . . . . . . . . . . ., 14
RELOCATION BENEFITS (Business Displacees).. . , . . . . . . . . . . . . . . . . . . . . . . . .. 15
1 . Payment for Actual Reasonable Moving and Related Expenses. , . . . . . . . .. 15
2. A Fixed Payment In Lieu of A Payment For Actual Reasonable Moving and
Related Expenses ,.......................................,......17
3. Loss of Business Goodwill ....,..."............,.................18
GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS..... .... 18
RELATEDPROJECTISSUES."..........".........."",..............19
1. Concurrent Displacement .....................,...................19
2. TemporaryHousing...........,...,..,.,.........................19
LASTRESORTHOUSING ...,.........",.........................,....19
RELOCATION TAX CONSEQUENCES .,............,.,.........,.........20
GRIEVANCE POLICY AND PROCEDURES ..............,......,...........20
EVICTION POLICY ......,........,........................,.........., 20
CITIZENPARTICIPATION.................".....,....",.........,..,..21
D.
E.
F.
G.
H.
I.
J,
K.
PROJECTBUDGETANDSCHEDULE ...........................................22
A. PROJECTED DATES OF DISPLACEMENT ......."..,..................,..22
B. ESTIMATEDRELOCATIONCOSTS..",..........,."......,.............22
. r'"""""i.'.',,¡:¡","', ""'i, ,
LIST OF TABLES " .".' "',",',,',",,',<".",:,',',:'.'.',',"~..,":.'.'
, ".',< .:.;;{~r:Jiì~
TABLE 1:
TABLE 2:
TABLE 3:
TABLE 4:
TABLE 5:
TABLE 6:
TABLE 7:
Current Household Size Occupancies ............,..............,...,........,.. 5
Replacement Housing Needs ...,..................,......,..........,.,.......5
Income Levels of Residential Households ...............,......,................. 6
Ethnicity..............,...............................,....................6
Availability and Cost of Replacement Rental Housing ...............................7
Schedule of Fixed Moving Payments .........,."..........,.....,.....,.......13
Computation of Rental Assistance Payments....,....,....... ................,...14
LIST OF EXHIBITS ';':T...t~i~,)'!',.:\j1,:,.
' .'.."".:,;;¡',;r'¡'?¡;£i~lt;~i,.
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
EXHIBIT D:
EXHIBIT E:
EXHIBIT F:
EXHIBIT G:
Resolution to Adopt Library Expansion Project Relocation Plan
HUD Income Limits - County of Orange
Business Interview Form
Residential Interview Form
Business Informational Brochure
Residential Informational Brochure
Public Comments and Response to Public Comments
INTRODUCTION .,,;'d:;:":'~'¡,t';:¡Î~'
. ,; ."'i";;;;¡'¡'Þ'Ý¡[Y i~!:
On September 2,2003 the Tustin City Council approved the Relocation Plan (Plan) for the
proposed Tustin Library Expansion Project (Project) (see Exhibit A). The Plan addressed
the displacement of residents from the Tustin Hacienda Care Facility, families living in
worker housing owned by Hacienda Care and a group of professional uses in an adjacent
office building.
The Tustin Redevelopment Agency (Agency) now wishes to move forward with the
acquisition of properties located on the south side of 3rd Street, the east side of Preble
Street and the north side of Main Street to provide the additional land necessary for full
development of the new library facility. The additional land acquisition contemplated by the
Agency will result in the displacement of 9 residential tenants and 1 commercial use. Given
the fact that the planned land acquisition is intended to augment an existing project and
the proximity in time to the approval of the initial relocation plan, Agency staff has
requested an addendum to the Plan in order to present the City Council with information
concerning those persons affected by the proposed land additions and an updated report
on available relocation resources. The statutory obligations of the California Relocation
Assistance Law (Government Code Section 7260 et seq.) as described in the Plan, apply
equally to the land owners and persons affected by this proposed action of the Agency.
This Plan Addendum has 5 components:
1.
The location of the proposed land acquisition (SECTION I);
2.
An assessment of the relocation needs of the persons and business subject
to displacement (SECTION II);
3.
An assessment of available replacement housing units within the City of
Tustin and surrounding communities (SECTION III);
4.
A description of the relocation assistance program (SECTION IV); and
5.
A Project budget and timetable for displacement (SECTION V).
PAGEl
OVERLAND, PACIFIC & CUTLER, INC.
I. PROJECT AREA DESCRIPTION ";;'\(~'~;j!j;Ii¡;~~~~.,
...",)cd".. ..
A.
THE REGIONAL LOCATION
The City of Tustin (the City) is located in central Orange County (the County), bounded
generally by the cities of Santa Ana and Irvine and unincorporated portions of the County.
The City is served by the Santa Ana (Interstate 5) and Costa Mesa (State Route 55)
freeways and is within approximately 2.5 miles of John Wayne Airport. (See Figure 1:
Regional Project Location)
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OVERLAND, PACIFIC & CUTLER, INC.
PAGE 2
RELOCATION PLAN AMENDMENT FOR THE CITY OF TuSTIN - LIBRARY EXPANSION PROJECT
B.
PROJECT SITE LOCATION
The Project is bounded by East Third Street on the North, Tustin City Hall on the East,
Preble Street on the West and Main Street on the South. (See Figure 2: Project Site
Location)
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OVERLAND, PACIFIC & CUTLER, INc.
PAGE 3
A.
SURVEY METHOD
Personal interviews were conducted with 8 of 9 affected households and the one business
ownerduring the month of April, 2004. Inquiries of residents concerned household size and
composition, income, monthly rent obligation, length and type of occupancy, ethnicity,
home language, disabilities/health problems, and replacement housing preferences.
Questions of the business owner concerned the nature of the business, licensing issues,
annual revenues, size of current operations, facility requirements, and area/facility
preferences with respect to possible replacement locations.
The descriptive data in this Plan are based solely on anecdotal responses. No attempt was
made to qualify income or other information provided by survey respondents. Samples of
the residential and business interview forms used in the interview process are presented
as Exhibits C and D of this report.
B.
FIELD SURVEY DATA
Residential
1.
Housing Mix
The housing mix consists of 3 triplexes, all consisting of 2 bedroom, 1 bath
apartments. All of the nine units are tenant occupied.
2.
Project Area Rents
Monthly rents range from $725 to $1000 per month, excluding one household
receiving Section 8 assistance through the County of Orange. The average monthly
rent among the 7 households paying market rate is $875.
3.
Occu pancy/Overcrowd ing
There is a total Project population of 28 individuals, consisting of 19 adults and 9
children. The average household size is 3.5 persons per dwelling unit. The
distribution of household sizes within the Project is provided in Table 1 below.
OVERLAND, PACIFIC & CUTLER, INC,
PAGE 4
RELOCA nON PLAN AMENDMENT FOR THE CITY OF TuSTIN - LIBRARY EXPANSION PROJECT
TABLE 1: Current Household Size Occupancies (8 households)
# in Household One Two Three Four Five Six Seven
# Households 0 3 3 0 0 1 1
The commonly accepted standard for housing density allows two persons per
bedroom and one person in a common living area. Based on this criterion as
compared to available tenant data, there appear to be 2 overcrowded tenant
households among the subject residential properties. Replacement housing
referrals to the occupants of these dwellings will reflect the need for larger
accommodations.
4.
Replacement Housing Needs
Replacement housing needs, as expressed in this plan, are defined by the total
number of required replacement units and the distribution of those units by bedroom
size. The projected number of required units by bedroom size is figured by
comparing survey data relative to household size with the Agency's replacement
housing occupancy standards. These standards, generally, allow for up to 3
persons in a one-bedroom unit, 5 persons in a two-bedroom unit, 7 persons in a
three-bedroom unit and 10 persons in a four-bedroom unit.
The Project's replacement housing requirements are summarized below in Table
2.
TABLE 2: Replacement Housing Needs (8 Tenants)
Bedroom Size Two Three
# Needed 6 2
5.
Income
Income information was provided by 8 tenant households. According to income
standards for the County of Orange (Exhibit B) adjusted for family size as
published by the United States Department of Housing and Urban Development
(HUD), 2 Project area tenant households qualify as very low income (31 %-50% of
median), 1 as low income (51 %-80% of median) and 5 as moderate income (81 %-
120% of median). The range of reported annual household income among the 8
respondents was $20,800-$80,400.
OVERLAND, PACIFIC & CUTLER, INC.
PAGE 5
RELOCA nON PLAN AMENDMENT FOR THE CITY OF TuSTIN - LIBRARY EXPANSION PROJECT
TABLE 3: Income Levels of Residential Households (8 Respondents)
Very Low Low Moderate
2 1 5
6.
Ethnicity/Language
Ethnicity among Project area households is shown below in Table 4.
TABLE 4: Ethnicity of Project area Households (8 Respondents)
Ethnicity # of Households Project %
White 2 25.0
Pacific Islander 1 12.5
Hispanic 5 62.5
Seven households (87.5%) identified English, and 1 household (12.5%) identified
Spanish, as their primary household language.
7.
Senior/Handicapped Households
There are 2 senior households (head of household sixty-two years or older) in the
Project. No disabilities were reported.
8.
Preferred Relocation Areas
Residents expressed a preference to remain in Tustin in order to maintain current
school enrollment, access to employment, recreational resources and public
transportation.
Commercial
The affected commercial use is a pre-school which has approximately 4,000 square feet
of total classroom and office space and approximately 10,000 square feet of improved
playground area. The school, which has a current enrollment of approximately 100
children, has been in operation since 1991 and is licensed for operation by the State of
California. The owner is hopeful of being able to relocate the business to a site at the
former Tustin Marine Base.
OVERLAND, PACIFIC & CUTLER, INC.
PAGE 6
RELOCATION RESOURCES .. .~:n"~;~%;!;;~t;t~~
:;~~l~~j(i~,
A.
METHODOLOGY
A resource survey was conducted within a 5 mile radius of the Project to determine the
availability of replacement housing units and commercial sites utilizing the following
sources:
Windshield surveys conducted in Tustin and surrounding communities
Classified rental listings from The Orange County Register and
publications
Internet sources
For Rent
B.
REPLACEMENT HOUSING AVAILABILITY
Replacement housing survey data are summarized in Table 5. The survey identified
a total of 24 available 2 and 3 bedroom units within the City of Tustin. The surveyed
housing units included single family residences, town homes and duplex
apartments. The number of units found by bedroom size is presented in Table 5
alongside the number of units needed (shown in parentheses) to meet necessary
re-housing requirements.
The comparable market rent amounts shown in the table are among the figures
used to make benefit and budget projections for the Plan. These amounts are,
naturally, subject to change according to the market rates prevailing at the time of
displacement. Average Project area rents are currently 35 percent less than
respective market rates for surveyed replacement units.
TABLE 5: Availability and Cost of Replacement Rental Housing
Bedroom Size Two Three
# Found (# needed) 15 (6) 9 (2)
Rent Range $1,175-$1,750 $1,495-$2,000
Comparable Market Rent $1,325 $1,880
OVERLAND, PACIFIC & CUTLER, INC.
PAGE 7
RELOCA nON PLAN AMENDMENT FOR THE CITY OF TuSTIN - LIBRARY EXPANSION PROJECT
C.
RELATED ISSUES
1.
Concurrent Residential Displacement
There are only 2 remaining tenants to be relocated from the residential units
acquired from the Tustin Hacienda Care Facility and there are no other nearby
public projects which will compete for needed housing resources.
2.
Temporary Housing
No need for temporary housing is anticipated.
3.
Loss of Business Goodwill
Business goodwill consists of the benefits that accrue to a business as a result of
its location, reputation for dependability, skill or quality, and any other circumstances
resulting in probable retention of old, or acquisition of new patronage. Where claims
for loss of business goodwill are anticipated, State law (California Code of Civil
Procedure Section 1263.510) requires business owners to prove all of the following:
(1) The loss is caused by the taking of the property;
(2) The loss cannot reasonably be prevented by relocation of the business,
or by taking steps and adopting procedures that a reasonably prudent person
would take to preserve the goodwill; and,
(3) The compensation for the loss has not been included as a relocation
payment, or duplicated in compensation otherwise awarded to the owner.
Claims for loss of business goodwill are considered under the acquisition provisions
of Government Code Section 7260 et seq. and are not compensable as a function
of the relocation assistance program.
OVERLAND, PACIFIC & CUTLER, INC.
PAGE 8
A.
INTRODUCTION
The relocation program will be implemented in accordance with the applicable provisions
of the California Relocation Assistance Law (California Government Code Section 7260,
et. seq.) and the California Relocation Guidelines (25 California Code of Regulations,
Chapter 6, Section 6000 et. seq.).
The relocation program provides for both advisory and financial assistance.
Determinations as to eligibility for assistance and benefits will be made on a case-by-case
basis according to individual circumstances and applicable statutory and regulatory criteria.
B.
RELOCATION ADVISORY ASSISTANCE PROGRAM
The requirements of the relocation assistance advisory program will be:
1.
To fully inform eligible persons as to, the nature of, and procedures for
obtaining relocation assistance and benefits
2.
To determine the needs of each residential and business displacee eligible
for assistance
3.
To provide eligible residential displacees with an appropriate number of
referrals to comparable, decent, safe and sanitary housing units within a
reasonable time prior to displacement and ensure that no eligible occupant
is required to move without a minimum of 90 days advance written notice
4.
To provide current and continuous information concerning residential and
commercial replacement sites
5.
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
6.
To supply information concerning federal, and state housing programs and
other governmental programs providing assistance to relocated persons
7.
To assist each eligible person complete applications for benefits
OVERLAND, PACIFIC & CUTLER, INC.
PAGE 9
RELOCATION PLAN AMENDMENT FOR THE CITY OF TuSTIN - LIBRARY EXPANSION PROJECT
8.
9.
10.
11.
12.
To assist each eligible residential displacee obtain and move to a
comparable replacement dwelling
To assist each eligible business displacee obtain and become established
at a suitable replacement location
To calculate relocation assistance and Last Resort Housing payments in
accordance with State Guidelines
To inform all displaced persons of the Agency's policies with regard to
eviction and property management
To establish and maintain a formal grievance procedure for use by relocated
persons seeking administrative review of the Agency's decisions with respect
to relocation assistance
Personal interviews will be conducted to gather information concerning the individual
circumstances of each displacee and to dispense and review a written informational
brochure (see Exhibits E and F) that explains the Agency's residential and commercial
relocation programs. Brochures in Spanish will be furnished upon request.
Within 30 days of the initial interview and the receipt of required support data (income
information, confirmation of occupancy, etc.), each residential displacee (tenants and
owner-occupants) will be provided with a written Notice-of-Eligibility. The Notice-of-
Eligibility will provide, at least one replacement housing referral and establish a maximum
relocation assistance eligibility amount for the household addressed. The factors used to
determine the maximum assistance amountwill be described in the Notice-of-Eligibility and
explained personally by the assigned relocation consultant.
Priorto relocation of residential occupants, every reasonable effort will be made to provide
at least three (3) comparable replacement housing referrals to displacees, pursuant to
California Code of Regulations, Chapter 6, Section 6042(c). In no event shall a residential
displacee be required to move until comparable housing is made available. Referrals will
be provided on a continual basis over the duration of the project. Transportation will be
,provided, if necessary, to inspect replacement sites within the local area.
Generally, a comparable replacement dwelling must satisfy the following criteria:
PAGE 10
OVERLAND, PACIFIC & CUTLER, INc.
RELOCATION PLAN AMENDMENT FOR THE CITY OF TuSTIN - LIBRARY EXPANSION PROJECT
(a)
(b)
(c)
(d)
The unit is decent, safe and sanitary - electrical, plumbing and heating
systems in good repair - no major, observable hazards or defects. The unit
is comparable to the acquired dwelling with respect to number of rooms,
habitable living space and type and quality of construction, but not lesser in
rooms or living space as necessary to accommodate the displaced person.
The unit is located in an area not subjected to unreasonable adverse
environmental conditions from either natural, or man-made sources, and not
generally less desirable with respect to public utilities, transportation, public
and commercial facilities, including schools and municipal services and
reasonably accessible to the displaced person's place of employment.
The unit is available both on the private market and to all persons regardless
of race, color, sex, marital status, religion or, national origin.
The monthly rental rate is within the financial means of the displaced
residential tenant
Special assistance in the form of referrals to governmental, and non-governmental social
service agencies will be made, if needed. Agencies to which referrals may be made
include, but are not necessarily limited to the:
(a)
(b)
(c)
(d)
Federal Social Security Administration
Orange County Housing Authority
Orange County Youth & Family Services
Orange County Transportation Authority
Business owners will be assisted to obtain those professional services necessary to help
locate replacement sites and plan and execute their move. Every reasonable effort will be
made to facilitate the relocation of residential tenants and businesses with minimum of
delay and hardship.
C.
RELOCATION BENEFITS (Residential Displacees)
Relocation benefits will be provided in accordance with the provisions of the State of
California Relocation Law, Government Code Section 7260 et. seq., Title 25, Chapter 6,
Relocation Assistance and Real Property Acquisition Guidelines, and County rules,
regulations and procedures pertaining thereto. Benefits will be paid to eligible displaced
PAGE 11
OVERLAND, PACIFIC & CUTLER, INc.
RELOCATION PLAN AMENDMENT FOR THE CITY OF TUSTIN - LIBRARY EXPANSION PROJECT
persons upon submission of required claim forms and documentation in accordance with
Agency adopted 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 household
will be counseled as to available options and the consequences of any choice with respect
to financial assistance.
Agency staff will consider advance payment requests meant to alleviate hardships for
households without access to sufficient funds to pay rental move-in costs or open escrow
accounts for the purchase of a replacement dwelling. Responses to advance payment
requests will be made expeditiously to help avoid the loss of desirable, appropriate
replacement housing.
1.
Residential Moving Expense Payments
All residential occupants to be relocated will be eligible to receive a payment for
moving expenses except as noted. Moving expense payments will be made based
u pan the actual cost of a professional move or a fixed payment based on room
count.
a.
Actual Cost (Professional Move)
Displacees may elect to receive compensation for professional moving
services based upon the lower of, at least, two acceptable bids from licensed
vendors. The County may also elect to obtain a bid for the move from a
qualified mover. The actual cost of the move will be paid directly by the
Agency to the moving company, at the request of the displacee.
Transportation costs are limited to a distance of 50 miles, except where
relocation beyond such distance is justified. In addition to the actual move,
costs associated with utility re-connections (i.e., gas, water, electricity,
telephone, and cable, if any), are eligible for reimbursement.
b.
Fixed Payment (based on Room Count Schedule)
A displacee may elect to receive a fixed payment for moving expenses
based on a room count in the displacement dwelling. A displacee who elects
to receive a fixed moving payment takes full financial responsibility for the
OVERLAND, PACIFIC & CUTLER, INC.
PAGE 12
RELOCATION PLAN AMENDMENT FOR THE CITY OF TuSTIN - LIBRARY EXPANSION PROJECT
move and all utility connection expenses. The current schedule for fixed
moving payments is set forth in Table 6 following:
TABLE 6: Schedule of Fixed Moving Payments
Unfurnished Dwelling
One room $575
Two rooms $750
Three rooms $925
Four rooms $1,100
Five rooms $1,325
Six rooms $1,550
Seven rooms $1,775
Eight rooms $2,000
each additional room $200
Furnished Dwelling
First Room $375
Each additional room $60
2.
Rental Assistance To gO-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 (Le. the first written offer
to purchase the property on which they reside), and who choose to re-rent, may be
eligible to receive a rental assistance payments in addition to a moving expense
payment.
Except in the case of "Last Resort" situations, as described in Section IV, (See G-
Last Resort Housing Payments) and, pursuant to California Relocation Law,
Rental Assistance Payments are limited to a maximum of $5,250, based upon the
monthly housing need over a 42 month period. The Table 7, following, shows how
monthly need is determined:
OVERLAND, PACIFIC & CUTLER, INC.
PAGE 13
REWCA nON PLAN AMENDMENT FOR THE CITY OF TuSTIN - LIBRARY EXPANSION PROJECT
TABLE 7: Computation of Rental Assistance Payments
1. Old Rent $544 Old Rent, plus Utility Allowance
or,
2, Ability to Pay $445 30% of the Gross Household Income"
3. Lesser of lines 1 or 2 $445
Subtracted From:
4. Actual New Rent $550 Actual New Rent including Utility Allowance
or,
5, Comparable Rent $575 Determined by City; includes Utility Allowance
6, Lesser of lines 4 or 5 $550
7. Yields Monthly Need: $105 Subtract line 3 from line 6
Rental Assistance $4,410 Multiply line 7 by 42 months
. Gross income means the total annual income of an individual 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 elderiy or disabled head of househoid; (3) a deduction for recurring extraordinary medicai
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; (4) a deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when
determined to be necessary to empioyment 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.
DownpaymentAssistance To 90-DayTenants Who Choose to Purchase
Residential tenants who are otherwise eligible to receive a Rental Assistance
Payment as described above, may choose to utilize up to the full amount of their
rental assistance eligibility amount (including Last Resort benefits) to purchase a
home.
In cases involving eligibility for a Last Resort Housing supplement, the Agency will
arrange to deposit in an escrow account, the total amount of assistance for which
a tenant qualifies, provided that the entire amount is used for the down payment
and eligible, incidental costs associated with the purchase of a replacement home.
Provision shall be made in the accompanying escrow instructions forthe return of
Agency funds, in the event escrow should fail to close within a reasonable period
of time.
4.
Payments To Non-Tenured Residential Tenants
With the exception of those eligible for Last Resort Housing assistance (See
Section IV, Part G - Last Resort Housing), residential tenants with less than 90 days
of continuous occupancy prior to the Agency's offer to purchase the property where
PAGE 14
OVERLAND, PACIFIC & CUTLER, INC.
RELOCA nON PLAN AMENDMENT FOR THE CITY OF TuSTIN - LIBRARY EXPANSION PROJECT
D.
they lawfully reside, will only be eligible to receive only a payment for their moving
expenses in accordance with Section 1 b above.
RELOCATION BENEFITS (Business Displacees)
1.
Payment for Actual Reasonable Moving and Related Expenses
The following expenses are authorized pending required approvals and submission
of necessary documentation:
.
Transportation of persons and property not to exceed a distance of 50 miles
from the site from which displaced, except where relocation beyond such
distance of 50 miles is justified;
.
Packing, crating, uncrating, and unpacking personal property;
.
Such storage of personal property, for a period generally not to exceed 12
months as determined by the Agency to be necessary in connection with the
relocation;
.
Disconnecting, dismantling, removing, reassembling, and installing relocated
and substitute machinery, equipment and other personal property. This
includes connection to utilities available nearby and modifications necessary
to adapt such property to the replacement structure or to the utilities or to
adapt the utilities to the personal property;
.
Insurance of personal property while in storage or transit and the
replacement value of property lost, stolen, or damaged (not through the fault
or negligence of the displaced person) in the process of moving, where
insurance is not readily available;
.
Subject to certain limitations, any license, permit, or certification required by
the displaced business, to the extent that the cost is necessary for
reestablishment at the replacement location;
.
Subject to certain limitations, reasonable and pre-authorized professional
services, including architects', attorneys', engineers' fees, and consultants'
charges, necessary for: (1) planning the move of the personal property; (2)
PAGElS
OVERLAND, PACIFIC & CUTLER, INC.
RELOCA nON PLAN AMENDMENT FOR THE CITY OF TuSTIN - LIBRARY EXPANSION PROJECT
moving the personal property; or, (3) installing the relocated personal
property at the replacement location;
.
Subject to certain limitations, ,the purchase and installation of substitute
personal property limited to the lesser of: (1) the estimated cost to move the
item to the replacement location; or, (2) the replacement cost, less any
proceeds from its sale
.
Subject to certain limitations, modifying the machinery, equipment or other
personal property to adapt it to the replacement location or to utilities
available at the replacement location or modifying the power supply.
.
Actual direct losses of tangible personal property resulting from moving or
discontinuing a business or non-profit organization, not-to-exceed the lesser
of: (1) the fair market value of the property for continued use at its location
prior to displacement; or, (2) an amount equal to the reasonable expenses
that would have been required to relocate the property, as determined by the
Agency, subject to certain limitations;
.
Actual and reasonable expenses incurred in searching for a replacement
business or non-profit organization location, not-to-exceed $1,000, and
including compensation for transportation expenses; time spent searching
for a reasonable location; meals; lodging; and, real estate broker or agent
fees.
.
A Reestablishment allowance of up to a total of$10,OOO, available to farms,
nonprofit organizations and small businesses of not more than 500
employees, payable, in addition to moving expense payments, for actual,
reasonable and necessary expenses including, but not limited to:
a) Repairs or improvements to the replacement property as required
by Federal, State or local law, code or ordinance
b) Modifications to the replacement property to accommodate the
business operation or make replacement structures suitable for
conducting business
c) Construction and installation costs for exterior signing to advertise
the business
PAGE 16
OVERLAND, P ACIFlC & CUTLER, INC.
RELOCATION PLAN AMENDMENT FOR THE CITY OF TUSTIN - LIBRARY EXPANSION PROJECT
d) Provision of utilities from right-of-way to improvements on the
replacement site
e) Redecoration or replacement of soiled or worn surfaces at the
replacement site, such as paint paneling or carpeting
f) Licenses, fees and permits when not paid as part of moving
expenses
g) Feasibility surveys, soil testing and marketing studies
h) Professional services in connection with the purchase or lease of
a replacement site
i) Estimated increased costs of operation during the first 2 years at the
replacement site for such items as:
1. Lease or rental charges
2. Personal or real property taxes
3. Insurance premiums, and
4. Utility charges, excluding impact fees
j) Impact fees or one-time assessments for anticipated heavy usage
k) Other items essential to the reestablishment of the business
2.
A Fixed Payment In Lieu of A Payment For Actual Reasonable Moving
and Related Expenses
The amount of this payment shall be based on the average, annual net earnings of
the business or non-profit organization. The payment to an eligible business, or
non-profit organization may not be less than $1,000, nor more than $20,000.
To qualify for this payment a displaced business:
.
Cannot be a part of a commercial enterprise having at least three other
establishments which are not being acquired by the Agency and which is
OVERLAND, PACIFIC & CUTLER, INC.
PAGE 17
RELOCA nON PLAN AMENDMENT FOR THE CITY OF TUSTIN - LIBRARY EXPANSION PROJECT
under the same ownership and engaged in the same or similar business
activities; and
.
Must not be able to relocate without substantial loss of patronage; and,
.
Must have contributed at least 33 1/3 percent of the owner's total gross
income during each of the two (2) taxable years prior to displacement or
meet specific earnings criteria.
3.
Loss of Business Goodwill
Incident to its relocation, a business may suffer financial consequences that are not
compensable under relocation law. In such circumstances, a business may
exercise its right under California law to make a claim for loss of business goodwill.
Business goodwill consists of the benefits that accrue to a business as a result of
its location; reputation for dependability, skill or quality; and, any other
circumstances resulting in probable retention of old, or acquisition of new
patronage.
To support a claim, State law (California Code of Civil Procedure Section 1263.510)
requires business owners to prove all of the following: (1) The loss is caused by the
taking of the property; (2) The loss cannot reasonably be prevented by relocation
of the business, or by taking steps and adopting procedures that a reasonably
prudent person would take to preserve the goodwill; and, (3) The compensation for
the loss has not been included as a relocation payment, or duplicated in
compensation otherwise awarded to the owner.
E.
GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS
Eligible displacees have a total of 18 months within which to file for benefits. To qualify for
benefits, residential displacees must occupy an appropriate replacement dwelling no later
than one year following the later of: a) the date the claimant moves from the acquired
property, or b) the date of the Agency's first referral to a comparable, replacement
dwelling.
The procedure for the preparation and filing of claims and the processing and delivery of
payments will be as follows:
OVERLAND, PACIFIC & COTLER, INc.
PAGE 18
RELOCA nON PLAN AMENDMENT FOR THE CITY OF TuSTIN - LIBRARY EXPANSION PROJECT
F.
G.
1.
Claimant(s) will provide all necessary documentation to substantiate
eligibility for assistance to the Agency's relocation consultant.
2.
Recommended assistance amounts will be determined by the Agency's
relocation consultant in accordance with the provisions of California
Relocation Law.
3.
Required claim forms will be prepared by the Agency's relocation consultant
for claimant signature.
4.
Claims will be submitted by the Agency's relocation consultant for review,
approval, and payment by Agency staff.
5.
Benefit checks will be issued to the relocation consultant for distribution to
claimants. Final payments to residential occupants will be issued within a
reasonable time after confirmation that the acquired premises have been
completely vacated and residency at the replacement unit is verified.
6.
Receipts of payment will be obtained and archived by the Agency's
relocation consultant in individual relocation case files.
RELATED PROJECT ISSUES
1.
Concurrent Displacement
There are no projects involving residential displacement close enough or on a scale
large enough to significantly diminish the availability of adequate replacement
housing resources for potential Project displacees.
2.
Temporary Housing
No need is anticipated for temporary housing.
LAST RESORT HOUSING
Residential tenant displacees will be entitled to consideration for supplementary benefits
in the form of Last Resort Housing (LRH) assistance when the computed total of their
replacement housing assistance eligibility exceeds $5,250 orwhen a tenant does not meet
applicable occupancy requirements.
PAGE 19
OVERLAND, PACIFIC & CUTLER, INC.
RELOCA TION PLAN AMENDMENT FOR THE CITY OF TuSTIN - LIBRARY EXPANSION PROJECT
Household income will be the sole basis for determining LRH benefits in the case of less
than gO-Day tenant occupants and LRH recipients must meet the basic eligibility
requirements applied to other displacees. All standard claim processing procedures will be
applied to LRH payments including lump sum disbursement of approved benefits.
The Agency may approve, at its discretion, alternative methods for providing LRH
assistance, on a case-by-case basis, including, but not limited to, minor repairs to,
rehabilitation of, and/or additions to an existing replacement dwelling, including the removal
of barriers to the handicapped as may be necessary.
H.
RELOCATION TAX CONSEQUENCES
In general, relocation payments are not considered income forthe purpose of the Internal
Revenue Code of 1968, or the Personal Income Tax Law, Part 10 of the Revenue and
Taxation Code. Notwithstanding these provisions, recipients of relocation assistance
benefits will be advised to consult with the appropriate tax authorities or personal tax
advisors concerning the tax consequences of any relocation payment.
I.
GRIEVANCE POLICY AND PROCEDURES
The Agency's Grievance Policy and Procedures will follow the standards described in
Article 5, Section 6150 et seq., Title 25, Chapter6, of the California Department of Housing
and Community Development Program guidelines. Briefly stated, all residential and
commercial displacees have the right to ask for administrative review when they believe
themselves aggrieved by a determination as to eligibility; the amount of a relocation
payment; the failure, by the Agency, to provide comparable replacement housing referrals;
or, the Agency's property management practices.
J.
EVICTION POLICY
1.
Eviction will 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 owner's failure to keep the premises in habitable condition;
is the result of harassment or retaliatory action; or, is the result of
discontinuation, or a substantial interruption of services;
(b)
Performance of a dangerous, and/or illegal act in the unit;
OVERLAND, PACIFIC & CUTLER, INC.
PAGE 20
RELOCATION PLAN AMENDMENT FOR THE CITY OF TUSTIN - LIBRARY EXPANSION PROJECT
K.
(c)
A material breach of the rental agreement, and failure upon
notification to correct said breach within 30 days of Notice;
(d)
Maintenance of a nuisance, and failure to abate such nuisance upon
notification within a reasonable time following Notice;
(e)
Refusal to accept one of a reasonable number of offers of
replacement dwellings; and/or,
(f)
A requirement under State, or local law or emergency circumstances
that cannot be prevented by reasonable efforts on the part of the
Agency.
2.
With the exception of persons considered to be in "unlawful occupancy" (See
CCR 6008 [v]), a displaced person's eviction will not affect eligibility for
relocation assistance and benefits.
CITIZEN PARTICIPATION
The Agency will observe the following protocol:
1.
Provide public at large and affected parties full and timely access to
documents relevant to the relocation program;
2.
Provide technical assistance necessary to interpret elements of the Plan and
other pertinent materials;
3.
Issue a general notice concerning the availability of the Plan for public
review, as required, 30 days prior to its proposed adoption. Distribute the
Plan, upon request, to all affected and interested parties;
4.
Include the written or transcribed oral comments received concerning the
Plan as an attachment to the Plan when it is forwarded to the City Council for
approval.
OVERLAND, PACIFIC & CUTLER, INc.
PAGE 21
A.
PROJECTED DATES OF DISPLACEMENT
Relocation of all residential and commercial tenants is expected to be completed by the
end of 2004.
B.
ESTIMATED RELOCATION COSTS
The total budget estimate for relocation-related payments for this Project, including a 10
percent contingency is as follows:
Relocation:
Contingency @ 10%:
TOTAL:
$277,700
$27.770
$305,470
The estimated relocation budget does not include any payments related to property
acquisition, improvements pertaining to realty, or loss of business goodwill. 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.
OVERLAND, PACIFIC & CUTLER, INC.
PAGE 22
EXHIBIT A ". "...."~.(i".",".'".'~.',i~.;"F,.'.",......."
.......'.,.i.~.;,.'»;';~;¡~~\~'.' '
EXHIBITB . . 'i.',".""'..,,'..'."..;."."'.". .'..".','.'.',".'.',.,'..,',)~.!"I",:
.~~Ù":';~i;iJ~; .
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.
Area Median: $75,600
Family Size Extremely Very Low Lower Median Moderate
Low
1 Person 15,900 26,450 40,250 52,900 63,500
2 Person 18,150 30,250 46,000 60,500 72,550
3 Person 20,400 34,000 51,750 68,050 81,650
4 Person 22,700 37,800 57,500 75,600 90,700
5 Person 24,500 40,800 62,100 81,650 97,950
6 Person 26,300 43,850 66,700 87,700 105,200
7 Person 28,100 46,850 71,300 93,750 112,450
8 Person 29,950 49,900 75,900 99,800 119,700
Figures are per the Department of Housing and Community Development (California),
Division of Housing Policy Development, January 28, 2004.
OVERLAND, PACIFIC & CUTLER, INc.
PAGE 3
:"'!,t:i!(":1';'1¡t~",;c' "
EXHIBIT C '.'..",.,.;.,.'.."...i,'.',';~:Ej;;,,,!,'
. ,..".;<.~,g!';:;t:¡¡;1!"
BUSINESS INTERVIEW FORM . '.'..'i'.;;!;:';~5.j';%f~:'l.,
, . ,.": ,. .,....'" ",I'
OVERLAND, PACIFIC & CUTLER, INC. - BUSINESS INTERVIEW FORM
f------ - ---- -------~----,--,--~-
CASE ID:
PROJECT:
AGENCY:
CONSULTANT:
---- --,------~----------------
-- -I
I
-,--- -----
OCCUPANT INFORMATION:
MAJOR EVENTS:
Claimant:
(Business Name)
Site Move-In:
/
Address:
First Offer:
/
Initial Interview:
Site Owner:
,-,-"----,---------~-----------
- "---------~---
NAME
TITLE
PHONE
)
CONTACT 1:
CONTACT 2:
-,------- --,--
~-
OWNERSHIP TYPE:
0 Sole Proprietorship
0 Partnership
0 Corporation
0 Non-Profit
---------------~--,-"------------ _n
----'---'---
---------,-~
OCCUPANCY STATUS: 0 Rent
0 Lease
0 Mortgage
0 Own (Clear)
0 Vacant
0 No Contact
- - -'--' --____,_n- , --'-----_____,n- _n --- _n______-----,-____m____--_------'---------___'__n____-~----,-------------
ETHNICITY:
0 White
0 Hispanic
0 Black
0 Asian
0 Other:
----
,-----,-,--------------- ---
PRIMARY LANGUAGE: 0 English
0 Spanish
0 Other:
~,r",',','"'".,,r,....j¡,.,~,'',',',',1,:,',;,',.,..,"','"','"'",'.'..',.',..,.',',,,',.,.,",',",.""',",",.'.",'..",,.,'".,",.",",'..,.,.,.",.,. , '., ",..',","',',...,..,',"',-','",',,',.",",',..,',".",",.'.',".."".,.".",.""..".."",..",.,,.,".,"".',',,"',",..",",'.,'.','.""',",',t,;'.,',.,',',"..,T'<.',",,',"','."."",.",",.',"'"",',.,'.,",,"',,'.,"",",,',."'.""',',""1",",."",..'..,.,' ..','."',',',',"'.',"."',""""','" ',""""""""".""".,."".".,."",. ".",',., ',' ..'.,'1.
~;,"'"'i"ìj"<,",",',,,,',;,,',",','""'"""""""",,,,',,',,,,'""",""',',,',",, "",""""""',BB"",','",,,',,'""I,IESS""'""'"""INfi,,,,œ, ,B""""~,,J,JD, N", " ,,',' ,
fí1¡;i¡'i';~if,t~"-,i~L,_", ,,""'" ' """""'"""-,,,,,"-,;,', , ,"" ",,-,
Business Description:
0 Relocate Business
0 Willing to Relocate from Community
Monthly Occupancy Payment: $
: Federal Tax 10:
!
,
,
,
i Number of Employees:
I
I
, Annual Gross Sales: $
Special Features/Improvements:
Annual Net Income: $
----
--
Area/Facility Preference:
FACILITY AREA (SQ.FT):
Office/Retail:
! Whse/Shop:
Open Yard:
EXHIBIT D ..'~"!'~~.'...,'.'.".'..~,';"¡:'.':.:.;.,;.;'."~"
"",:';",,{;.,:,,{' '
CASE #
FUNDING SOURCE:
OVERLAND, PACIFIC & CUTLER, INC. - RESIDENTIAL INTERVIEW FORM
Interview Date:
Site Move-In:
Initiation of Neç¡otiations:
interviewer:
Head of Household ETHNICITY: D AFDC/TANF, Pension/SS, SSI
D White D Asian D Other Public Assistance
Address: # D Hispanic/Latino (ask for Entitlement Letter)
Site Telephone # Work/Cell # D African American D Elderly Household
D Other
Fax # Email D Handicapped Household:
Social Security Number PRIMARY LANGUAGE: Describe:
D English D Spanish Need Barrier-Free: Yes D No D
D Other:
Occupancy Status: DOwn D Rent D Need access to public trans?
Describe mode:
Dwelling Type Approx. Sq.Ft. Did all occupants move in
Approximate Age of Unit: _yrs. at the same time? D Need to live near medical facilities?
DYes D No
# Bedrooms # Bathrooms - # Rooms- D Laundry Fac. Describe location:
-
D Garage D Carport D Pets: If so, describe If not, when?
Condition of unit: D Excellent D Good D Fair D Poor Occupant #1
DSpecial needs /service used:
Owners: D Mortgage D Own Clear Occupant #2 Describe:
Monthly Payment: Principal $ $ Occupant #3
Loan Balance(s) as of :$ Occupant #4
Loan Type: DFixed DVariable Annual % Rate Own Car? Yes D No D
Loan Type: DFixed DVariable Annual % Rate Occupant #5 Monthly Utilities:
Original Date(s) of Current Loan(s) : Occupant #6 Gas: D Tenant DOwner
Rem. Loan Term Months Rem, Loan Term Months What
- - Occupant #7 What
Renters: D Total Monthly Rent:$ Landlord Electricity: D Tenant D Owner Water:
Preferred Relocation Area:
D Written Agreement Date D Tenant DOwner
D M/M D Lease D Vacant/No Contact Other:
Mobile Home: Size: fix fi Home business? Appliances Owned by Tenant:
Year: Model: Pad Rent: $ Description: DStove DRefrigerator DVY/D
If Sect8, Total Tenant Rent $ D Other
Caseworker: Telephone
#:
D Unit Furnished D Unit Unfurnished DSecurity Deposit? $
Do you rent out any rooms in the dwelling? DYes D No
If so, names:
If so, is person or persons considered part of household? DYes D No
1 M F
2 M F
3 M F
4 M F
5 M F
6 M F
7 M F
Notes:
I certify that all the information on this survey is true and correct.
Respondent:
Date:
Effective 8/03
EXHIBIT E '..'.'.;,'.'.."'~;'¡;f~:~~~ií;,~~.'
.. .'.. ,.' '..<"';~}.~i*~:,~t~
INFORMATIONAL STATEMENT FOR BUSINESSES,
NONPROFIT ORGANIZATIONS AND FARMS
Introduction
The property on which you now conduct your business is proposed to be acquired in conjunction with
development plans of the Tustin Redevelopment Agency (the Agency). The Agency's plans require the
acquisition of several land parcels and the relocation of existing commercial uses. You will be notified
in a timely manner as to the date by which you must move.
Please read this information as it will be helpful to you in determining your eligibility and the amount of
your relocation benefits under "the federal and/or state law. We suggest you save this informational
statement for reference.
This is not a notice to move. It is important that you do not move before you learn what you must do to
receive relocation payments and other assistance to which you may be entitled. The Agency has
retained the services of Overland, Pacific & Cutler, Inc. (OPC), a qualified professional relocation firm,
to assist you. The firm is available to explain the program and benefits. Their address and telephone
number is:
Overland, Pacific & Cutler, Inc.
24422 Avenida de la Carlota, Suite 275
Laguna Hills, California 92653
(949) 951-5263
Spanish speaking representatives are available. Si necesita esta información en Español, por favor
llama a su representante.
Summary of Relocation Assistance
As an eligible displaced person, you will be offered appropriate financial and advisory assistance to
help you relocate, including:
A.
Payment for your moving expenses. You will receive either:
A Payment for Actual Reasonable Moving and Related Expenses, or
A Fixed Payment In Lieu of a Payment for Actual Moving and Related Expenses
B.
Referrals to suitable replacement locations.
c.
Other help to reestablish your business and minimize the impact of the move including help in
preparing claim forms to request relocation payments.
If you disagree with the Agency's decision as to your right to a relocation payment, or the amount of
the payment, you may appeal that decision.
Business Informational Statement
Page 1
SOME GENERAL QUESTIONS
How willi know I am eligible for relocation assistance?
You should receive a written notice explaining that you are eligible for relocation assistance. Ordinarily, eligibility
begins on the date the owner of the property receives the Agency's initial written offer to purchase it. Therefore,
you should not move before that date. If you do, you may not be eligible for relocation assistance.
How Will the Agency Know How Much Help I Need?
You will be contacted at an early date and personally interviewed by a representative of the Agency to determine
your needs and preferences for a replacement location and other services. The interviewer will ask questions
about such matters as your space requirements. It is to your advantage to provide the information so that the
Agency can assist you in moving with a minimum of hardship. The information you give will be kept in confidence.
How 500n Willi Have to Move?
Every reasonable effort will be made to provide you with sufficient time to find and reestablish your business in a
suitable replacement location. If possible, a mutually agreeable date for the move will be worked out. Unless
there is an urgent need for the property (e.g., your occupancy would present a health or safety emergency), you
will not be required to move without at least 90 days advance written notice. It is important, however, that you
keep in close contact with the Agency so that you are aware of the time schedule for carrying out the project and
the approximate date by which you will have to move,
I Own The Property, Willi Be Paid For It Before I Have To Move?
If you reach a voluntary agreement to sell your property to the Agency, you will not be required to move before you
receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot
be required to move before the estimated fair market value of the property has been deposited with the court.
(You should be able to withdraw this amount immediately, less any amounts necessary to payoff any mortgage or
other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money
will not affect your right to seek additional compensation for your property).
Willi Have To Pay Rent To The Agency Before I Move?
You may be required to pay a fair rent to the Agency for the period between the acquisition of your property and
the date that you move. The rent will not exceed that charged for the use of similar properties in similar areas,
however, rent is generally the same as in the prior arrangement.
How Willi Find A Replacement Location?
The Agency will provide you with current and continuing information on available replacement locations that meet
your needs. The Agency may also provide you with the names of real estate agents and brokers who can assist
you in finding the type of replacement location you need. While the Agency will assist you in obtaining a suitable
replacement location, you should take an active role in finding and relocating to a location of your choice. No one
knows your needs better than you. You will want a facility that provides sufficient space for your planned activities.
You will also want to assure that there are no zoning or other requirements which will unduly restrict your planned
operations. Ask the Agency to explain which kind of moving costs are eligible for repayment and which are not
eligible. That will enable you to carry out your move in the most advantageous manner.
What Other Assistance Will be Available To Help Me?
In addition to help in finding a suitable replacement location, other assistance, as necessary, will be provided by
the Agency. This includes information on Federal, State, and local programs that may be of help in reestablishing
a business. For example, the Small Business Administration (SBA) provides managerial and technical assistance
to some businesses. There may also be a government grant or loan program which can help you reestablish your
business. The Agency will assist you in applying for help available from government agencies. The range of
Business Informational Statement
Page 2
services depends on the needs of the business being displaced. You should ask the Agency representative to tell
you about the specific services that will be available to you.
I Have A Replacement Location And Want To Move. What Should I Do?
Before you make any arrangements to move, notify the Agency, in writing, of your intention to move. This should
be done at least 30 days before the date you begin your move. The Agency will discuss the move with you and
advise you of the relocation payment(s) for which you may be eligible, the requirements to be met, and how to
obtain a payment.
I Plan To Discontinue My Business Rather Than Move. What Should I Do?
If you have decided to discontinue your business rather than reestablish, you may still be eligible to receive a
payment. Contact the Agency and discuss your decision to discontinue your business. You will be informed of the
payment, if any, for which you may be eligible, the requirements to be met, and how to obtain your payment.
What Payment For Moving Expenses willI receive?
Every business is entitled to a relocation payment to cover the reasonable cost of moving. You may choose
either:
A.
B.
A Payment For Actual Reasonable Moving and Related Expenses, or
A Fixed Payment In Lieu of Moving and Related Expenses (if you meet the eligibility requirements).
What is Payment For Actual Reasonable Moving And Related Expenses?
If you choose a Payment For Actual Reasonable Moving And Related Expenses, you may claim the cost of:
A.
Transportation of personal property from your present location to the replacement location. (Generally,
transportation costs are limited to a distance of 50 miles. If you plan to move beyond 50 miles, discuss your
planned move with the Agency.)
B.
Packing, crating, uncrating, and unpacking personal property.
C.
Disconnecting, dismantling, removing, reassembling, and installing relocated and substitute machinery,
equipment and other personal property. This includes connection to utilities available nearby and
modifications necessary to adapt such property to the replacement structure or to the utilities or to adapt the
utilities to the personal property. This includes alterations to the repla~ement structure required to reinstall
machinery, equipment or other personal property
D.
Storage of personal property for a reasonable period of time, if required.
E.
Insurance of personal property in connection with the move and required storage. And the replacement
value of property lost, -stolen, or damaged in the process of moving where insurance is not readily available.
F.
Any license, permit or certification required by the displaced business, to the extent that the cost is (1)
necessary to its reestablishment at the replacement location and (2) does not exceed the cost for the
remaining useful life of the existing license, permit, or certification.
G.
Reasonable and preauthorized professional services, including architect's, attorney's, and engineer's fees,
and consultant's charges, necessary for (1) planning the move of the personal property, (2) moving the
personal property, or (3) installing the relocated personal property at the replacement location.
H.
Relettering signs, printing replacement stationery made obsolete by the move and customer notifications.
I.
The reasonable cost incurred in attempting to sell an item that is not relocated,
Business Informational Statement
Page 3
J.
Actual direct loss of personal property. This payment provides compensation for property that is neither
moved nor promptly replaced with a "substitute item" at the replacement location. Payment is limited to the
lesser of: (1) the estimated cost of moving the property or (2) the fair market value of the property for its
continued use at the old location, less any proceeds from its sale. To be eligible, you must make a good faith
effort to sell the property, unless the Agency determines that such effort is not necessary.
K.
Purchase and installation of substitute personal property. Payment will be limited to the lesser of: (1) the
estimated cost to move the item to the replacement location, or (2) the actual cost of the substitute item
delivered and installed at the replacement location, less any proceeds from its sale or its trade-in value, It is
important to discuss your plans with the Agency before you proceed.
L.
Searching for a replacement location. This payment may not exceed $1,000 and may cover costs for:
Transportation expenses
Time spent searching for a replacement location, based on a reasonable salary or earnings
Reasonable fees paid to real estate agents or brokers to find a replacement location (not fees related to
the purchase of a site)
Meals and lodging away from home
The Agency representative will explain all eligible moving costs, as well as, those which are not eligible. You must
be able to account for all costs that you incur; so keep all your receipts. The Agency will inform you of the
documentation needed to support your claim.
You may minimize the amount of documentation needed to support your claim, if you elect to "self-move" your
property. Payment for self-move is based on the amount of an acceptable low bid or estimate obtained by the
Agency. If you self-move, you may move your personal property using your own employees and equipment or a
commercial mover. If you and the Agency cannot agree on an acceptable amount to cover the cost of the
"self-move," you will have to submit full documentation in support of your claim.
You may elect to pay your moving costs yourself and be repaid by the Agency or, if you prefer, you may have the
Agency pay the mover. In either case, let the Agency know before you move. Select your mover with care. The
Agency representative can help you select a reliable and reputable mover.
When a payment for "actual direct loss of personal property" or "substitute personal property" is made for an item,
the estimated cost of moving the item may be based on the lowest acceptable bid or estimate obtained by the
Agency, If not sold or traded-in, the item must remain at the old location and ownership of the item must be
transferred to the Agency before you may receive the payment.
What are Reestablishment Expenses?
As part of Payment For Actual Reasonable Moving And Related Expenses, a small business, farm or non-profit
organization may be eligible to receive a payment of up to $10,000 for expenses actually incurred in relocating and
reestablishing such operation at a replacement site,
Eligible expenses must be reasonable and necessary, as determined by the Agency. They may include but are not
limited to the following:
A.
Repairs or improvements to the replacement real property as required by federal, state or local law, code or
ordinance,
B.
Modifications to the replacement property to accommodate the business operation or make replacement
structures suitable for conducting the business.
C.
Construction and Installation costs for exterior signage to advertise the business.
D.
Provision of utilities from right-of-way to improvements on the replacement site.
Business Informational Statement
Page 4
E.
Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or
carpeting.
F.
Licenses, fees, and permits where not paid as part of moving expenses.
G.
Feasibility surveys, soil testing and marketing studies.
H.
Advertising of replacement location.
I.
Professional services in connection with the purchase or lease of a replacement site.
J.
Estimated increased costs of operation during the first 2 years at the replacement site, for such items as:
1. Lease or rental changes
2, Personal or real property taxes
3. Insurance premiums, and
4. Utility charges(excluding Impact fees)
K.
Impact fees or one-time assessments for anticipated heavy utility usage.
L.
Other items that the Agency considers essential to the reestablishment of the business.
What Expenses Are Ineligible for Reestablishment Payment?
The following is a non-exclusive listing of reestablishment expenditures not considered to be reasonable,
necessary or otherwise eligible:
A.
Purchase of capital assets, such as, office furniture, filing cabinets, machinery or trade fixtures.
B.
Purchase of manufacturing materials, production supplies, product inventory, or other items used in the
normal course of the business operation.
c.
Interior or exterior refurbishments at the replacement except as otherwise provided for under the business
reestablishment payment.
D.
Interest costs associated with any relocation expense or the purchase of replacement property.
E.
Payment to a part-time business in the home which does not contribute materially to the household income.
What is Fixed Payment In Lieu Of A Payment For Actual Reasonable Moving And Related Expenses?
A Fixed Payment In Lieu Of A Payment For Actual Reasonable Moving And Related Expenses to a business or
farm operation is based on the average annual net earnings of the business or farm operation. The payment to an
eligible business or farm operation may not be less than $1,000, nor more than $20,000. The nonprofit
organization may be eligible for a payment from $1,000 to $20,000 subject to the following:
A displaced nonprofit organization may choose a fixed payment as stated above if the Agency determines that it
cannot be relocated without a substantial loss of existing patronage (membership or clientele.) A nonprofit
organization is assumed to meet this test, unless the Agency demonstrates otherwise. Any payment in excess of
$1,000, must be supported with financial statements for the two 12 month periods prior to displacement The
amount to be used for the payment is the average of the last two (2) years annual net earnings. Documentation
required may be income tax returns, certified financial statements and accounting records or other similar
evidence acceptable to the Agency. To qualify for an In-Lieu payment:
Business Informational Statement
Page 5
A.
A displaced business:
1 .
must own or rent personal property which must be moved in connection with the displacement and for
which an expense would be incurred in such move, and the business vacates or relocates from its
displacement site.
2.
must be unable to relocate without a substantial loss of existing patronage.
3,
must not be part of a commercial enterprise having more than one other entity which is not being
acquired by the Agency, and which are under the same ownership and engaged in the same or similar
business activities.
4.
must not be operated at a displacement dwelling solely for the purpose of renting such dwelling to
others.
5.
must not be operated at the displacement site solely for the purpose of renting the site to others.
6.
must have contributed materially to the income of the displaced person during the two (2) taxable years
prior to displacement.
B.
A displaced nonprofit organization (1) must be unable to relocate without a substantial loss of its existing
patronage, and (2) must not be part of an enterprise having another establishment which is not being
acquired by the Agency.
c,
A displaced farm operation must meet certain minimum income requirements.
The average annual net earnings of a business farm operation are one-half of its net earnings before Federal,
State, or local income taxes during the two (2) taxable years immediately prior to the taxable year in which it was
displaced. If not in business for a full two years prior to displacement, the net earnings shall be based on the
actual period of operation at the acquired site projected to an annual rate. Average net earnings may be based on
a different period of time when the Agency determines it to be more equitable. Net earnings include any
compensation paid to the owners of the business, a spouse or dependents, The displaced person shall furnish
the Agency proof of net earnings through income tax returns, certified financial statements, or other reasonable
evidence which the Agency determines is satisfactory,
The Agency will inform you as to your eligibility for this payment and the documentation you must submit to
support your claim. Remember. when you elect to take this payment you are not entitled to reimbursement for any
other (actual) movinq expenses.
I Own An Outdoor Advertising Display. What Relocation Payment Willi Receive?
As the owner of an outdoor advertising display, you are eligible for a Relocation Payment For Actual Reasonable
Moving And Related Expenses. You are not eligible to receive a Payment In Lieu Of A Payment For Actual
Reasonable Moving And Related Expenses,
If you choose not to relocate or replace the sign, the payment for "direct loss of personal property" would be the
lesser of: (1) the depreciated reproduction cost of the sign, as estimated by the Agency, less the proceeds from its
sale, or (2) the estimated cost of moving the sign without temporary storage. The Agency will inform you as to the
exact costs that may be reimbursed.
How do I File A Claim For A Relocation Payment?
You must file a claim for a relocation payment. The Agency will provide you with the required claim forms, assist
you in completing them, and explain the type of documentation that you must submit in order to receive your
relocation payments. If you must pay any relocation expenses before you move (e.g., because you must provide
security deposit if you lease your new location), discuss your financial needs with the Agency. You may be able to
Business Informational Statement
Page 6
obtain an advance payment. An advance payment may be placed in "escrow" to ensure that the move will be
completed on a timely basis.
If you are a tenant, you must file your claim within 18 months after the date you move. If you own the property, you
must file within 18 months after the date you move, or the date you receive the final acquisition payment,
whichever is later. However, it is to your advantage to file as soon as possible after you move. The sooner you
submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months,
the Agency may extend this period.
You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a
relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action you
may take to resolve the matter.
Appeals
If you disagree with the Agency's decision as to your right to a relocation payment or the amount of payment, you
may appeal the decision to the Agency. The Agency will inform you of its appeal procedures. At a minimum, you
will have 18 months to file your appeal with the Agency. Your appeal must be in writing. However, if you need help,
the Agency will assist you in preparing your appeal. If you are not satisfied with the final appeal decision, you may
seek review of the matter by the courts.
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.
Lawful Presence Requirement
Pursuant to the Public Law 105-117 of 11-21-97, in order to be eligible to receive non-residential relocation
benefits in federally-funded relocation projects, the owner of a sole proprietorship and all owners of a partnership
must provide information regarding their lawful presence in the United States, and a for-profit or a non-profit
corporation must certify that it is authorized to conduct business in the United States. Sole proprietorships or
partnerships with owners who are not lawfully present in the United States or who decline to provide this
information, may be denied relocation benefits. Relocation benefits will be prorated to reflect the number of owners
with certified lawful presence in the US.
Additional Information
If you have further questions after reading this brochure, contact Overland, Pacific & Cutler, Inc. and discuss your
concerns with your relocation representative. You may wish to read the California Relocation Assistance Act
regulations which describes the relocation process in more detail.
Business Informational Statement
Page 7
EXHIBIT F ""7il!;~;'~¡'~~~~!~'i~';";
.,' ." "..,'.:",,~'.1i, '
INFORMATIONAL STATEMENT FOR FAMILIES AND INDIVIDUALS
1. GENERAL INFORMATION
2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING
3. MOVING BENEFITS
4. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS
5. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS
6. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS
7. LAST RESORT HOUSING ASSISTANCE
8. RENTAL AGREEMENT
9. APPEAL PROCEDURES - GRIEVANCE
10. TAX STATUS OF RELOCATION BENEFITS
11. LEGAL PRESENCE REQUIREMENT
12. 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 Redevelopment Agency (the
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 under the federal and/or state law. We suggest you save this informational statement for
reference.
The Agency has retained the services of Overland, Pacific & Cutler (OPC), a qualified professional relocation firm,
to assist you, The firm is available to explain the program and benefits. Their address and telephone number is:
Overland, Pacific & Cutler, Inc.
24422 Avenida de la Carlota, Suite 275
Laguna Hills, California 92653
(949) 951-5263
Spanish speaking representatives are available. Si necesita esta información en Español, par favor lIame 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 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.
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, proper weatherproofing and sound
heating, electrical and plumbing systems, Your new dwelling must pass inspection before relocation assistance
payments can be authorized.
Residential Informational Statement
Page 1
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 $375 for one furnished room to $2,000 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
$575,00
$750.00
1 room
$375.00
$60.00
2 rooms
each additional room
5 rooms
$1,325.00
$1,550.00
3 rooms
$925.00
$1,100.00
4 rooms
6 rooms
7 rooms
$1,775.00
$2,000.00
$200.00
8 rooms
each additional room
If you select a fixed paymÉmt, 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 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 42 month period between the rent you must pay for a
comparable replacement dwelling and the lesser of your current rent or 30% of your gross monthly
household 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-
Residential Informational Statement
Page 2
B.
V.
B.
B.
VI.
Down-payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you
can apply up to the total amount of your rental assistance payment towards the down-payment and non-
recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for
this payment.
REPLACEMENT HOUSING PAYMENT - HOMEOWNERS
If you owned and occupied a dwelling purchased by the Agency for at least 180 days prior to the first offer to
purchase, you may be eligible to receive a payment of up to $22,500 to assist you in purchasing a
comparable replacement unit. If you owned and occupied the displacement dwelling for at least 90 days but
not more than 180 days immediately prior to the date of the Agency's offer to purchase, you may be eligible
for a payment of up to $5,250. This payment is intended to cover the following items:
1 .
Purchase Price Differential - An amount which, when added to the amount for which the Agency
purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the
amount determined by the Agency as necessary to purchase a comparable replacement dwelling. Your
relocation representative will explain both methods to you.
2.
Mortgage Interest Differential - The amount which covers the increased interest costs, if any, required
to finance a replacement dwelling. Your relocation representative will explain limiting conditions.
3.
Incidental Expenses - Those one time costs incidental 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.
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. The payment will
be based on the difference between the fair market rent of the dwelling you occupy and the rent you must
pay for a comparable replacement dwelling.
If you receive a rental assistance payment, as described above, and later decide to purchase a replacement
dwelling, you may apply for a payment equal to the amount you would have received if you had initially
purchased a comparable replacement dwelling, less the amount you have already received as a rental
assistance payment.
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 Agency fulfills its obligation to make available comparable replacement dwellings,
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.
VII. 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.
Residential Informational Statement
Page 3
If you are a tenant, and you choose to purchase rather than rent a comparable replacemen,t 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.
VIII. 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:
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;
D.
Maintenance of a nuisance and failure to abate within a reasonable time following notice;
E..
Refusal to accept one of a reasonable number of offers of replacement dwellings; or
F.
The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of
the public entity.
IX.
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.
X.
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.
XI.
LAWFUL PRESENCE REQUIREMENT
Pursuant to the Public Law 105-117 of 11-21-97, in order to be eligible to receive relocation benefits in federally-
funded relocation projects, all members of the household to be displaced must provide information regarding their
lawful presence in the United States. In federal projects, any member of the household who is not lawfully present
in the United States or declines to provide this information, may be denied relocation benefits. Relocation benefits
will be prorated to reflect the number of household members with certified lawful presence in the US.
XII. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE
Those responsible for providing you with relocation assistance hope to assist you in every way possible to
minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly
appreciated. If you have any questions at any time during the process, please do not hesitate to contact your
relocation representative.
Residential Informational Statement
Page 4
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