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HomeMy WebLinkAbout25O - LOAN AGMTS ORANGE HOUSING REQUEST FOR COUNCIUAGENCY ACTION MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: DECEMBER 20, 2004 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For LOAN AGREEMENTS WITH ORANGE HOUSING DEVELOPMENT CORPORATION AND AUTHORIZATION OF RELOCATION PLAN ~Ui CONTINUED TO FILE NUMBER RECOMMENDED ACTION CITY COUNCIL ACTION 1. Direct the City Attorney to prepare loan agreements with Orange Housing Development Corporation for the acquisition and rehabilitation of four multi-family properties located at 1029, 1101, 1122 and 1126 South Minnie Street in an amount not to exceed $2,900,000 and authorize the Executive Director of the Conununity Development Agency to execute all required documents. 2. Adopt a resolution approving the Relocation Plan for residential properties located at 1029, 1101, 1122 and 1126 South Minnie Street. COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Direct the Agency General Counsel to prepare loan agreements with Orange Housing Development Corporation for the acquisition and rehabilitation of four multi-family properties located at 1029, 1101, 1122 and 1126 South Minnie Street in an amount not to exceed $4,500,000 and authorize the Executive Director to execute all documents as necessary. 2. Authorize payments as identified in the Relocation Plan. 250-1 Loan Agreements with Orange Housing Development Corporation and Authorization of Relocation Plan December 20, 2004 Page 2 COMMUNJ:TY REDEVELOPMENT AND HOUSJ:NG COMIIJ:SSJ:ON RECOMMENDATJ:ON 1. Recommended that the City Council: a) Direct the City Attorney to prepare loan agreements with Orange Housing Development Corporation for the acquisition and rehabilitation of four multi-family properties located at 1029, 1101, 1122 and 1126 South Minnie Street in an amount not to exceed $2,900,000 and authorize the Executive Director of the Community Development Agency to execute all required documents. b) Adopt a resolution residential properties South Minnie Street. approving located at the Relocation Plan for 1029, 1101, 1122 and 1126 2. Recommended that the Community Redevelopment Agency: a) Direct the Agency General Counsel to prepare loan agreements with Orange Housing Development Corporation for the acquisition and rehabilitation of four multi-family properties located at 1029, 1l01, ll22 and 1126 South Minnie Street in an amount not to exceed $4,500,000 and authorize the Executive Director to execute all documents as necessary. b) Authorize payments as identified in the Relocation Plan. By a vote of 5:0 (Rodriguez absent) at its Regular Meeting of December 7, 2004. DJ:SCUSSJ:ON Orange Housing Development Corporation (OHDC) is a California nonprofit corporation that is dedicated to the development of quality affordable housing. To date, OHDC has acquired and rehabilitated l6 buildings in the Cornerstone Village revitalization area. OHDC has entered into conditional purchase agreements to acquire an additional four, multi- family properties located at 1029, 1101, 1122 and 1126 South Minnie Street (Exhibit 1). They have requested $2.9 million in HOME Program funds from the City of Santa Ana and $4.5 million in Tax Increment 250-2 Loan Agreements with Orange Housing Development Corporation and Authorization of Relocation Plan December 20, 2004 Page 3 Housing Set-Aside funds to acquire and rehabilitate these buildings. The City and Agency will be providing all funding. The Agency's first trust deed will have an interest rate of six percent. The Agency and City will also have a residual receipts second trust deed with an interest rate of zero percent. All units will be affordable to very low-income households. The rehabilitation of the buildings will consist of repair and/or replacement of kitchen and bathroom fixtures and flooring, and reconfiguration of the buildings to create larger units to help alleviate some of the overcrowding in the area. The reconfiguration will change each of the buildings from ten, one-bedroom units into four, one-bedroom units; two, two-bedroom units; and two, three-bedroom units. Based on California Redevelopment Law, when a Redevelopment Agency enters into an agreement for the acquisition or disposition and development of property which agreement would lead to displacement of people from their homes, the legislative body must adopt, by resolution, a relocation plan. The OHDC Minnie Project Relocation Plan (Exhibit 2) has been prepared in conformance with applicable provisions of California Relocation Assistance Law and Relocation Guidelines as well as United States Department of Housing and Urban Development (HUD) regulations. This plan is required due to the temporary displacement of 38 households as a result of the project. There are currently two vacancies in the proposed project, and OHDC has six vacancies in their other units on Minnie Street. Therefore, there will be no permanent relocation of any households. All households will be accommodated within the project. The estimated cost for temporary relocation, including a contingency, is $87,500. 250-3 Loan Agreements with Orange Housing Development Corporation and Authorization of Relocation Plan December 20, 2004 Page 4 F:ISCAL :IMPACT Funds for the acquisition and rehabilitation loans are available in the HOME Program account in the amount of $2,900,000 (account no. 130-148- 6951) and Tax Increment Housing Set-Aside Fund accounts in the amount of $4,500,000 (account nos. 502-936-6951, 503-936-6951, 504-936-6951 and 505-936-6951) . ()L~uliL APPROVED AS TO FUNDS AND ACCOUNTS: patricia C. Whitaker Executive Director Community Development Agency omalth Director Management Services AgenCy~ .-/ PCW/TG/mlr H:Actions\2004CC\JT CC-CRA LoanAgreeOHDCAuthRelocPlan 12-20-04 250-4 ~ 922 926 930 921 925 929 GRANT ~E~';- " - " - " - "I 810 18 805 18 815 18 825 18 835 17 828 922 92 930 10 904 909/911 18 923 924 W 10 927 928 ::::I I- Z 10 W W 931 932 > W c( 10 a: C 935 936 t3 a: 10 c( 939 940 W C 10 Z Z 1001 c( Z I- ::E en 1005 POLICE SUBSTATION & LEARNING CENTER 816 10 WAKEHA~ AVE. 923 10 927 10 831 10 1013 839 10 1001 10 1005 10 1009 10 1013 10 1017 10 1017 1021 1025 1029 1101 1 ... 1105 10 1109 10 1113 10 1117 10 1105 1109 1113 1117 1121 ttII 1t .. 14l. 1125 McFADDEN AVENUE EXHIBIT 1 250-5 ~URRENl 1 PROJECl BOUNDAR" " 1 1 " 1 r ..SUBJECT PROPERTIES OWNED BY OHDC t N OVERLAND PACIFIC & CUTLER,INC. RELOCATION PLAN FOR THE ORANGE HOUSING DEVELOPMENT CORPORATION MINNIE STREET PROJECT PREPARED FOR THE CITY OF SANTA ANA By OVERLAND, PACIFIC & CUTLER, INC. NOVEMBER 2004 EXHIBIT 2 250-6 TABLE OF CONTENTS I INTRODUCTION ............................................................. 1 I. PROJECT LOCATION AND DESCRIPTION ................................. 2 A. LOCATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 B. PROJECT DESCRIPTION ......................................... 3 II. ASSESSMENT OF RELOCATION NEEDS .................................. 5 A. METHODOLOGY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 B. SURVEY RESULTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 1. Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 2. Household Income. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 3. Demographic Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 4. Profile of Potentially Displaced Residents . . . . . . . . . . . . . . . . . . . . . . .. 6 III. HOUSING RESOURCES ................................................ 8 IV. THE RELOCATION PROGRAM. . . . .. . . . . . . ...... . . . . . . . . . . . . . . . . . . . . . . . .. 9 A. PROGRAM ASSURANCES. STANDARDS AND OBJECTIVES. . . . . . . . . . .. 9 B. RELOCATION ADVISORY ASSISTANCE. . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 C. RELOCATION BENEFITS (FINANCIAL ASSISTANCE) ................. 11 1. Temporary Displacees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 2. Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 D. RELOCATION TAX CONSEQUENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 E. GRIEVANCE PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 F. EVICTION POLICY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 G. PROJECTED DATES OF DISPLACEMENT. . . . . . . . . . . . . . . . . . . . . . . . . .. 14 H. CITIZEN PARTICIPATION ........................................ 14 I. ESTIMATED RELOCATION COSTS ................................ 15 250-7 LIST OF T ABLESI' Table 1: Distribution of Households by Family Size. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 Table 2: Income Levels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 Table 3: 2000 Census Population - City of Santa Ana & Tract 745.01 ................... 6 Table 4: Rental Unit Availability and Cost by Bedroom Size ........................... 8 LIST OF EXHIBITS I Exhibit A: Exhibit B: Exhibit C: HUD Income Limits - Orange County Notice of Non-Displacement Plan Addendum (Public Comments & Response to Public Comments) 250-8 INTRODUCTION I The following relocation plan (the Plan) has been prepared for submission to the City of Santa Ana (the City) in conformance with the applicable provisions of the California Relocation Assistance Law (California Government Code Section 7260 et seq.), the Relocation Guidelines (California Code of Regulations Title 25, Chapter 6) and Handbook 1378 of the United States Department of Housing and Urban Development (HUD). The subject of the Plan is the Minnie Street Project (the Project) being undertaken by the Orange Housing Development Corporation (the Developer). The Project involves the rehabilitation of 40 multi-family housing units in a densely occupied and highly impacted residential area of central Santa Ana. The statutory basis for this plan arises from the anticipated need to permanently displace the households whose family size or income precludes their continued occupancy in the Project following the completion of rehabilitation as well as to identify temporary requirements for those households that will continue occupancy in the Project following completion of the rehabilitation. The Plan is presented in 4 Sections: Section I: Project description and general demographic data Section II: Profile of tenants who may be displaced Section III: Description of available housing resources Section IV: Description of the relocation assistance program The Plan has been prepared by Overland, Pacific & Cutler, Inc. (OPC). The corporate headquarters of OPC are located at 100 West Broadway, Suite 500 in Long Beach, California with the office serving Orange County located at 24422 Avenida de la Carlota, Suite 275 in Laguna Hills. The general telephone number is (800) 901-5263. "1'1'1""'"'' ".11 (),"TIIl/l", I'IlC;(;C ,'~ C/I!I'T, 1/11". ""S" J 250-9 I. PROJECT LOCATION AND DESCRIPTION I A. LOCATION The Project is located on Minnie Street in central Santa Ana, generally between Wakeham Avenue to the north, McFadden Avenue to the south, Standard Avenue to the west and railroad right-of-way to the east. The four buildings associated with the Project are located in the southerly portion of Minnie Street closest to McFadden Avenue and include the following street addresses: 1029, 1101, 1122 and 1126. (see Figures 1 and 2). Figure 1: Regional Project Location /'/'{'I,,,/'{'tf {"I ()"I'1'I""tf, I'II,'i{i,' I~ C"I/I'r, I"", Pl1xr 2 250-1 0 ",'/on, /iOIl 1'/1/11 (or till' ()/ //)(' \1 ill II il' -"11'1'/'1 I'rojl'rI ~ ~ f::=:= I I 4 'r I ... II: ::::::=;:::: r--. -'"' . ..-.. 1.._.- _.__.. Figure 2: Project Site Location B. PROJECT DESCRIPTION Previous phases of the Project, completed in May 2002 and November 2003 involved the rehabilitation of 110 one-bedroom apartment units in 11 buildings and rehabilitation and reconfiguration of existing layouts in five additional buildings consisting of 1 0 one-bedroom units each. Interior rehabilitation activities included major kitchen and bathroom improvements as well as replacement of floor coverings, doors and windows. Exterior improvements included the addition, repair or replacement of roofs, staircases, balconies, landscaping, water heaters, decking, trash enclosures, parking lots and building facades. Current Project involves four buildings. The construction scope includes interior and exterior improvements similar to those of previous phases as well as the intended reconfiguration of existing layouts. The rehabilitation and construction cycle will last 3 to 4 months per building and proceed one building at a time commencing at 1122 Minnie Street. The Project construction is expected to begin immediately following the City approval in December 2004. Pn'/r"r"d fll! ()/ll'rlt1l1d, P/1ci(ir l~ ClltltT, /1It'. ['ogf' .1 250-11 1':"'''<'l/li''l/ 1'/01/ (",. till' (J/fne ,\li/1/1il' SII'I'cf I'm/I'd The Developer's reconfiguration plan will alter the present five one-bedroom design per floor in the existing two-story buildings to create two floors, each consisting of a four unit mix of two one-bedroom apartments, one two-bedroom apartment and one three-bedroom apartment. The number of rentable units in the Project will total 32 after the reconfiguration. The Developer is prepared to rehouse most of the households, whose units will be lost because of the creation of larger apartments, within the vacant units of current or previously rehabilitated Project. As of October 2004 the combined number of vacant units is eight. That provides adequate housing for all lost units on-site and there is no need for any households to be displaced off-site. I'I'I'/'Ol'l't/ /"/ (h'IT/Ol/d, I',""i(l,' i~ (",,/ /,.,., 11/,'. I'I/X" 4 250-12 II. ASSESSMENT OF RELOCATION NEEDSI A. METHODOLOGY The identification of oversized and/or over-income households was undertaken by the bi- lingual relocation representatives of OPC. Personal interviews were conducted with 36 of 38 residents, followed up by efforts to compare gathered information to the data provided by the Developer's property management staff. Data for this Plan are accurate as of October 26, 2004. The two remaining households could not be reached despite several attempts and the Developer's information was used for preparation of this plan. Two units were confirmed vacant at the time of the interviews. B. SURVEY RESULTS The resident population among the four buildings associated with the Project totals 176 individuals. Among this group, there are 96 adults and 80 children. The four buildings included in this Plan now contain 40 rentable one-bedroom apartments. 1. Occupancy The breakdown of households by family size is as follows: Table 1: Distribution of Households by Family Size (38 heu.""d$). # In Household 2 3 4 5 6 7 8 9 #of Households 3 5 8 15 3 3 o There is an average of 4.6 occupants per unit in the Project. 2. Household Income Income data were obtained from 38 households. The figures below include income provided by the property management staff for the two no respondent households. Efforts are on-going to obtain required income documentation from all households. 1'/'1'1'1//'1''/ ['.'1 (),"'''''"111, I'I/I'i(il'''~ (,,,11,'1', I",., Post' ,;"l 250-13 r,,.four/i,," 1'1/111 I"" tll/' ()lI/le :\1111111,' SI,.,./'I !'ro;,.cl Tabl. 2: Income Levels (38 hou.ehold.) Extremely Low Very Low Lower Moderate 20 17 o 3. Demographic Summary Of the 176 currently known residents, there are 96 adults and 80 children. The ethnic distribution in the Project is 100% Hispanic with Spanish reported as their primary household language. This generally resembles the rankings and pattern in the Census Tract Area but deviates from the overall Census figures for the City. Table 3: 2000 Census Population ~ City of Santa Ana &TFaC;t'4f."t" ~ . . Population Tract 745.01 % City % White 2,817 34.2% 144,425 42.7% Black or African American 47 0.6% 5,749 1.7% American Indian and Alaska Native 89 1.1% 4,013 1.2% Asian 851 10.3% 29,778 8.8% Native Hawaiian and Other Pacific 13 0.2% 1,160 0.3% Islander Some Other Race 3,896 47.3% 137,360 40.6% Two or More Races 520 6.3% 15,492 4.6% Hispanic or Latino (of Any Race) 7,115 86.4% 257,097 76.1% Source: 2000 U.S. Census 4. Profile of Potentially Displaced Residents Funding source requirements limit occupancy in the Project to those households which earn less than 80% of the median income standard adjusted for family size as established by the United States Department of Urban Development (HUD) (See 1'1'1'1'/11'1'" 11./1 ()i'nlorl/I, 1'0{'I(I.- .''' CIIII'T, III,', I'os,. (, 250-14 /~,.{omlioll 1'/,/11 (or tift' ()fllle iV/i,l IIi/' Str/'t'll'ru;/'c! Exhibit A). Based upon the most currently available tenant income data, there are no households whose income exceeds the permitted limit. The maximum household size limit for current occupants of one-bedroom units within the Project is eight persons based on the space requirements of the state building code. Within the Project there is one household which exceeds the eight person limit. When the Developer alters the unit mix in the existing four buildings, this one household will be re-accommodated within the Project. The households that are asked to move to larger apartment units will receive assistance as described in Section IV, Part C, 1.b. "r/'I'"rl'd {"I ()t'IT/lllld, I'IIci(ic <'~ CfttllT, /IIL I'IIX/' 7 250-15 III. HOUSING RESOURCES I Rehabilitation work in the Project will result in no permanent relocations assuming the Developer's reconfiguration plan is followed and given the utilization of vacant units. Any temporary relocation needs that arise will be met by utilizing available on-site units within the Project and offering financial assistance to tenants moving off-site for the duration of the rehabilitation. No permanent replacement housing needs are anticipated. A survey was conducted during the month of October 2004 to determine the availability of rental housing resources within a 5 mile radius of the Project. The results, summarized below, indicate the numberoffound units by bedroom size, the cost range in each category and median marketrentforeach category. The one-bedroom and two-bedroom units found were all apartments. The three-bedroom units included apartments and single-family rental units. Housing availability is not expected to be a factor in the relocation process, given the balance between needs and available resources. Table 4: Rental Unit AvallabUlty and Cost by Bedroom Size 1 bdr 2 bdr 3bclr t# Found 38 59 16 Rent Range $750-$1,350 $950-$1.695 $1,270-$1,950 Market Median Rent $950 $1,250 $1,695 Concurrent Displacement The Santa Ana Community College Expansion Project undertaken by the Rancho Santiago Community College Dlstnct IS expected to result In a permanent displacement of approximately 55 households. Its location is about three miles north-west from the Minnie Street Project. Given its location and the minimal expected permanent off-site replacement housing requirements of the Minnie Street Project, it should be easy to satisfy both projects by existing market opportunities. I'r"l'I/lnl ",1/ ()l',T/,/l1I1, Pan(ir <'~ CIII/n', IlIr, Pnx{' 8 250-16 IV. THE RELOCATION PROGRAM I The relocation program and assistance offered by the City will conform to provisions of the California Relocation Law, Government Code Section 7260, et. seq., the California Relocation Guidelines, California Code of Regulations Title 25, Chapter 6, as amended January 1, 1998, the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), as appropriate. A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES 1. Fully inform eligible project occupants of the nature of, and procedures for obtaining relocation assistance and benefits. 2. Determine the needs of each residential displacee household eligible for assistance. 3. Provide an adequate number of referrals to comparable, decent, safe and sanitary housing units within a reasonable time prior to displacement and assure that no residential occupant is required to move without a minimum of 90 days written notice to vacate. 4. Provide assistance that does not result in different, orseparate treatment due to race, color, religion, national origin, sex, sexual orientation, marital status or, other arbitrary circumstances. 5. Supply information concerning federal, and state housing programs and other governmental programs providing assistance to displaced persons. 6. Assist each eligible person to complete applications for benefits. 7. Make relocation benefit payments in accordance with State and HUD guidelines. 1'/'{"'I1/,{'" I,y (h"T/o,,,I, I',/(-j(i,- ,'~ ClIlI'T, I",.. I'I1S" <J 250-17 ""'ocoliol/ 1'101/ (or tlTI' ollnc fH iI/II il' Slrl'cll'roil'd 8. Inform all persons ofthe Developer's property management policies including criteria for pursuing tenant evictions. B. RELOCATION ADVISORY ASSISTANCE As a function of the overall relocation assistance program, technical and advisory assistance will be provided to all residents by City staff, the Developer and contracted relocation representatives. The following services and tasks will be undertaken: 1 . Each displaced household will be personally interviewed to gather information appropriate to determine needs and preferences with regard to the replacement of existing accommodations. Inquiries made of residential occupants by relocation personnel will cover the following areas: family size, ethnic background, immigration status, age and health considerations, current employment status, family income, transportation needs, and preferences relative to replacement housing. 2. Non-displaced residents will be provided a formal Notice of Non- Displacement (see Exhibit B). Permanent displacees will be referred to the City personnel to determine possible eligibility for assistance under the Section 8 Program. 3. As soon as feasible, the relocation representative shall explain the relocation payments and other assistance for which households and individuals may be eligible, including related eligibility requirements and the procedures for obtaining such assistance. 4. Assistance will be provided to complete rental application forms and coordinate move-in arrangements. Temporary displacees will be kept informed of project timing and receive appropriate notice to prepare for required moves. Claims for compensable expenses associated with the temporary displacement process will be processed expeditiously. 5. Special assistance in the form of referrals to governmental and social service agencies will be made, as appropriate. I'rl'l'on''/ /'.'/0,'..,.101/'/, I'onfic <'~ Cl/II..,., 11/('. I'ogl' 1 () 250-18 1~"'''''"li'''ll'loll ti,,. till' (lIlI)C ;HillJlil' S/n't'll'roil'ct 6. Bilingual (Spanish-English) assistance will be provided, as needed. C. RELOCATION BENEFITS (FINANCIAL ASSISTANCE) Relocation benefits will be offered to all households temporarily displaced in accordance with the California Relocation Law, Government Code Section 7260, et. seq., the California Relocation Guidelines, California Code of Regulations Title 25, Chapter 6, as amended January 1, 1998, the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), as appropriate. Benefits will be paid to eligible displaced persons upon submission of required documentation in accordance with approved procedures. Eligibility requirements and benefit plans will be discussed with all temporary displacees. In the course of personal interviews and follow-up visits, each displacee will be counseled as to available options and the consequences of any choice with respect to housing choices and potential financial assistance. The City staff will process advance payment requests in order to alleviate hardships for tenants who do not have access to sufficient funds to pay move-in costs such as first month's rent and/or security deposits. Requests for advance payments will be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing. The relocation process includes: household interviews; needs analyses; appropriate replacement housing referrals; preparation and service of appropriate notices; file documentation, eligibility determinations, processing of claims; moving coordination; and other general services intended to assist displacees. 1. Temporary Displacees a. Financial Assistance Temporary displacees will be entitled to compensation for all reasonable out- of-pocket expenses incurred in connection with the temporary relocation including, but not limited to, the cost of moving to and from the temporarily I'n'I'"n'" /',If ()(!/.,.lollIl, 1',/,',(1,' ,'~ Cllfl,',., 1171'. l'oSt' II 250-19 /,don,'iol/ 1'/</11 (or flit, n/lnc ,\1il/l/il' S/I'ed Project occupied unit, furniture storage, any temporary increase in monthly rent and utility connection charges. b. Households Relocated to Larger Apartments within the Project Any household required to move to a larger apartment unit within the Project to maintain compliance with state occupancy standards will receive compensation for reasonable out-of-pocket expenses related to the physical move and the re-connection of utilities, phone and cable service, etc. and a one-year rental assistance subsidy, as appropriate. The one-year subsidy amount will be the difference between the lesser of 30% of gross household monthly income or 105% of old rent subtracted from new rent. Any subsidy that results from application of the formula will be applied as a credit against the rent that would otherwise be charged for the new unit. The credit will be discontinued should the household choose to move from the Project prior to the expiration of the one-year subsidy period. 2. Summary All Project area residents will be personally informed in writing of their status as a temporary displacee. Each affected household will receive printed information concerning the benefits and assistance to which they may be entitled. Temporary displacees will be provided compensation for reasonable and necessary out-of-pocket expenses. All temporary displacement needs will be accommodated within the Project. Households moved to larger sized units to satisfy state occu pancy standards will receive compensation for physical moving expenses and a one-year subsidy applicable to the increase in monthly rent. The City will make timely payments to all eligible claimants. This may include, where necessary to avoid hardship, advance payments to help secure appropriate temporary replacement housing units. 1'1'1'/'</1'(''' /'.'1 ()7'('/'/</II", I','ri(i,' ,; ('1///,,,,, rile. I'IIXI' /2 250-20 I~doc,,'ioll 1'11111 (01" Ihl' ()lIfJ(" ;\.liIl11il' SII"l'd I'm;l'cI D. RELOCATION TAX CONSEQUENCES In general, relocation payments are not considered income for the purpose of the Internal Revenue Code of 1968, or the Personal Income Tax Law, Part 10 of the Revenue and Taxation Code. Displaced persons are encouraged, however, to consult with personal tax advisors concerning the tax consequences or social service providers to obtain information concerning the tax consequences associated with relocation payments. E. GRIEVANCE PROCEDURES The City's Grievance Policy follows the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. All displaced persons have the right to ask for administrative review concerning determinations of eligibility; relocation payment amount; the failure by the City to provide comparable replacement housing referrals; or, the property management practices of the Developer. F. EVICTION POLICY 1. Eviction. may affect eligibility for relocation assistance and benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction may be undertaken 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; 1'1'I"'''''I'd "'I ()"IT/"lId, I'"ci(ic Ie.. ("1111"1", /",', I'I/X" 1.1 250-21 I~ I'loCIII ;,1/1 1'111" lil/' 11,,. ( )f /I I( . ,"1;1111;" Sf ,.,.d I'm/I'd (c) A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days of Notice; (d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept one of a reasonable number of offers of replacement dwellings; and/or, (f) A requirement under State, or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the City. G. PROJECTED DATES OF DISPLACEMENT It is anticipated that gO-day Notices-to-Vacate will be issued to the temporary displaceesof the first building to be rehabilitated no later than January 2005. H. CITIZEN PARTICIPATION The City will fully meet its obligations under the Relocation Guidelines with respect to the following activities: 1. Full and timely access to documents relevant to the relocation program; 2. Provision of technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 3. Distribution of a general notice concerning the availability of this Plan for public review, as required, 30 days prior to its proposed adoption. Notice recipients will include affected Project Area residents and all other interested parties; 1'1'('I'II1'('rI 1'.lf ()"",.III"rI, 1""',(;,' t; 1',,11,.,., I",', 1'11;.;,'14 250-22 ',"'oolfio// 1'/0" (or fiTI' ()/If)C Mi/I//il' Sfrl'cf I'rofaf 4. The opportunity to submit written or oral comments concerning the Plan and to have these comments attached to the Plan when it is forwarded to the City Board for adoption; 5. Final review of Plan to ensure its feasibility, compliance with applicable environmental standards and compatibility with the City's General Plan and relocation guidelines. I. ESTIMATED RELOCATION COSTS The Project will be funded with a combination of local, state and federal funds. The estimate of relocation benefits is based on anecdotal tenant data and current market rental rates. Estimated relocation costs for the Project, including a 10% contingency are: $87,500. The estimated relocation budget does not include consideration of relocation administrative services nor any related consulting services which may be necessary for the implementation of the Plan and Project. I'rl'/,orl'd /'.'1 (),,('/'/,/I,,/, I"I<-i(i,' t:,. C"II,'I', ///1-. I'ox" IS 250-23 EXHIBITS I 250-24 EXHIBIT A: HUD INCOME LIMITS.. ORANGE COUNTY I 250-25 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. Figures are per the Department of Housing and Community Development, Division of Housing Policy Development, January 28, 2004. ex.tf"IIJ.,,1Yl..9W 15,900 18,150 20,400 22,700 24,500 26,300 28,100 29,950 HUD Income Limits - Orange COl.lnty (2004) Family Slz. 1 P....on 2 P....on 3 P....on 4 P....on 5 P....on 6. P....on 7P....on 8 P....on V"rYI..9W 26,450 30,250 34,000 37,800 40,800 43,850 46,850 49,900 40,250 46,000 51,750 57,500 62,100 66,700 71,300 75,900 63,500 72,550 81,650 90,700 97,950 105,200 112,450 119,700 250-26 EXHIBIT B: NOTICE OF NON-DISPLACEMENTI 250-27 NON-DISPLACEMENT NOTICE ,2004 Dear The Orange Housing Development Corp., (OHDC) has submitted an application for financial assistance with the City of Santa Ana to rehabilitate the building which you occupy. This notice is to inform you that, if the assistance is provided and the building is rehabilitated, you will not be required to move permanently. Therefore, we urge you not to move anywhere at this time. (If you elect to move for reasons of your choice, you will not be provided relocation assistance.) You will be able to lease and occupy your present apartment (or another suitable, decent, safe and sanitary apartment in the same building/complex), owned by OHDC, upon completion of the rehabilitation. Of course, you must comply with standard lease terms and conditions. After the rehabilitation, your initial rent, including the estimated average monthly utility costs, will not exceed the greater of (a) your current rent, or (b) 30 percent of your average monthly gross household income. Households moved to larger sized units to satisfy state occupancy standards will be charged rents at a level based upon the relocation plan prepared by Overland, Pacific & Cutler, Inc. If you must move temporarily so that the rehabilitation can be completed, suitable housing will be made available to you for the temporary period, and you will be reimbursed for all reasonable extra expenses, including all moving costs and any temporary increase in housing costs. As a result of the necessity for temporary relocations, OCHD is required to prepare a Relocation Plan to assess the relocation needs of those being temporarily displaced as well as to identifY the relocation program that will be followed to assist in the relocation of occupants. Therefore, OCHD has retained Overland, Pacific & Cutler, Inc. (OPC) to prepare an assessment of your relocation needs. In order to prepare this relocation plan, OPC staff will need to conduct personal interviews with you in order to prepare this Plan. OPC is planning to conduct personal interviews beginning the week of October 2S tho Again, we urge you D..2! to move. If the project is approved, you can be sure that we will make every effort to accommodate your needs. Because Federal assistance is involved, you would be protected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. This letter is important and should be retained. You will be contacted soon. In the meantime, if you have any questions or want to schedule an appointment for the personal interview, please contact Georgia Marquis of Overland, Pacific & Cutler, Inc., 100 West Broadway, Suite 500, Long Beach, CA 90802-4432, telephone (562) 304-2000. Sincerely, [NAME] [TITLE] [AGENCY] 250-28 EXHIBIT C: PLAN ADDENDUM (P. UBLlC COMMENTS &1 RESPONSE TO PUBLIC COMMENTS) 250-29 11/4/04 les RESOLUTION NO. 2004-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTIES IN THE CORNERSTONE VILLAGE PROJECT TO MEET FEDERAL AND STATE MANDATED REGULATIONS FOR PAYMENT OF RELOCATION BENEFITS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City and the Community Redevelopment Agency are providing acquisition and rehabilitation financing to Orange Housing Development Corporation ("OHDC") a California non-profit organization, for the purchase and rehabilitation of multi-family housing units on Minnie Street within the Cornerstone Village Project. B. OHDC is proposing to reconfigure four buildings consisting of 10 one- bedroom units into four one-bedroom, two two-bedroom, and two three-bedroom units in each building. The affected residential properties are located at 1029, 1101, 1122, and 1126 South Minnie Street. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. D. The OHDC Minnie Street Project relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25) and Handbook 1378 of the United States Department of Housing and Urban Development. E. The relocation plan is required due to the temporary displacement of thirty eight households in the OHDC Minnie Street acquisition and rehabilitation project. Two of the units in the proposed project are currently vacant, and OHDC currently has six vacancies in their other units on Minnie Street. No household will be permanently displaced; they will all be accommodated within the project upon completion. Resolution No. 2004- 250-30 11/4/04 las Section 2: The City Council hereby approves the OHDC Minnie Street relocation plan for the residential properties located at the aforementioned addresses, and the establishment of an account in accordance with state and federal mandates for the payment of relocation benefits to the temporarily displaced households in the Cornerstone Village. Section 3: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABST AI N: Council members: NOT PRESENT: Councilmembers: Resolution No. 2004- 250-31 11/4/04 les CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-097 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2004- 250-32