HomeMy WebLinkAbout55F - RESO - FIRST ST APARTMENTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 7, 2016
TITLE:
RESOLUTION TO APPROVE THE
RELOCATION PLAN FOR THE FIRST
STREET APARTMENTS PROJECT
(STRATEGIC PLAN NO 5, 3C}
CITY MANACy R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
0 As Recommended
M As Amended
® Ordinance on tat Reading
[I Ordinance on 2nd Reading
171 Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution approving the Relocation Plan for the First Street Apartments Project located
at 1440 E. First Street.
DISCUSSION
On April 19, 2016, the City Council approved a proposal with AMCAL Multi- Housing, Inc.
(Developer) for the award of inclusionary housing in -lieu fees for an affordable housing project
called the First Street Apartments (Project) located at 1440 E. First Street (Exhibit 1) and
approved a conditional loan commitment letter that will be contingent on the City's actual receipt
of the in -lieu fee payments from Heritage Village OC, LLC. The Project will be an affordable
housing project that will provide 69 affordable units, as well as a community room and amenity
spaces.
Based on California law, when state or local funds are provided to a project which would lead to
the displacement of people from their homes and /or businesses, the legislative body must
approve a relocation plan. The draft First Street Apartments Project Relocation Plan (Exhibit 2)
has been prepared in conformance with applicable provisions of the 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 necessary demolition of
the existing structures. All current Project occupants will need to be permanently relocated. The
needs and characteristics of the displaced population, available relocation resources, and the
Developer's program to provide assistance to each affected person are general subjects of the
Relocation Plan. The Developer is utilizing Overland, Pacific & Cutler, Inc. as their relocation
consultant for the Relocation Plan and services. The Relocation Plan was completed on
December 18, 2015.
Current occupants that will need permanent relocation are ten known commercial businesses
and one household as a result of the Project. There is also a cell tower on the site. All
55F -1
Resolution Approving the Relocation Plan
First Street Apartments Project
June 7, 2016
Page 2
occupants have been interviewed and provided with informational notices of the Relocation Plan
in accordance with State and Federal requirements. All project occupants received a copy of the
draft Relocation Plan with an Advisory Notice on November 18, 2015 describing the public
review and public comment period and providing an address to send written comments and a
phone number to call for verbal comments or questions. There were no public comments
received during the 30 -day public review and comment period between November 19, 2015 and
December 18, 2015. Furthermore, all occupants will be provided relocation assistance including
advisory services, moving costs, and re- establishment services provided by the Developer and
their relocation consultant.
STRATEGIC PLAN ALIGNMENT
Approval of this item assists the City in meeting Goal #5 - Community Health, Livability,
Engagement & Sustainability), Objective #3 (Facilitate diverse housing opportunities and support
efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy C (Provide
that Santa Ana residents, employees, artists and veterans received priority for affordable
housing created under the City's Housing Opportunity Ordinance or with City funding to extent
allowed under state law).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Robert Cortez
Special Assistant to the City Manager
City Manager's Office
JB /NV /II
Exhibits: 1. Location Map
2. Draft Relocation Plan
3. Resolution
55F -2
PROPOSED PROJECT LOCATION
1440 EAST 1 ST STREET
4TH STREET
w
w w F
FM7 > � w
¢ � w
N ¢
H
PALM STREET
z
1ST STREET
F7w
z
J
Y
J
W
CHESTNUT AVENUE
r
EXHIBIT 1
55F -3
55F -4
First Street Apartments Project
RELOCATION PLAN
Prepared for:
AMCAL Multi- Housing, Inc.
2082 Michelson Drive, Suite 306
Irvine, CA 92612
(949) 863 -9408
Prepared by:
Overland, Pacific & Cutler, Inc.
1 Jenner, Suite 200
Irvine, CA 92618
949 - 951 -5263
December 18, 2015
F IT6
TABLE OF CONTENTS
INTRODUCTION
PROJECT DESCRIPTION
A. REGIONAL LOCATION
B. PROJECT SITE LOCATION
C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS
II. ASSESSMENT OF RELOCATION NEEDS
A.
SURVEY METHOD
B.
FIELD STUDY DATA— COMMERCIAL
5
1. Current Occupants
5
C.
FIELD STUDY DATA— RESIDENTIAL
6
1. Current Occupants
6
2. Replacement Housing Needs
6
3. Income
7
4. Ethnicity /Language
7
5. Senior /Handicapped Households
7
6. Preferred Relocation Areas
7
III. RELOCATION RESOURCES
8
COMMERCIAL
A.
METHODOLOGY
8
B.
REPLACEMENT COMMERCIAL SITES AVAILABILITY
8
RESIDENTIAL
A.
METHODOLOGY
9
B.
REPLACEMENT HOUSING AVAILABILITY
9
1. Residential Rental Housing
9
2. Summary
9
C.
RELATED ISSUES
10
IV. THE
RELOCATION PROGRAM
11
A.
ADVISORY ASSISTANCE
11
B.
COMMERCIAL RELOCATION BENEFITS
13
1. Payment for Moving and Related Expenses
13
2. Self Moves
16
3. Fixed Payment In Lieu
16
4. Personal Property Move Only (Storage)
17
C.
RESIDENTIAL RELOCATION BENEFITS
17
1. Residential Moving Expense Payments
17
2. Rental Assistance to Tenants Who Choose to Rent
18
3. Down payment Assistance to Tenants Who Choose to Purchase
20
D.
GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS20
E.
LAST RESORT HOUSING
21
F.
IMMIGRATION STATUS
22
G.
RELOCATION TAX CONSEQUENCES
22
H.
PROGRAM ASSURANCES AND STANDARDS
23
V. ADMINISTRATIVE PROVISIONS
24
A.
NOTICES
24
B.
PRIVACY RECORDS
25
C.
GRIEVANCE PROCEDURES
25
D.
EVICTION POLICY
25
E.
CITIZEN PARTICIPATION
25
F
PROJECTED DATE OF DISPLACEMENT
26
G.
ESTIMATED RELOCATION COSTS
26
55F -6
LIST OF TABLES
TABLE 1: 2010 Census Population — City of Santa Ana & Impacted Tract 3
TABLE 2: 2010 Census Housing Units — City of Santa Ana & Impacted Tract 4
TABLE 3: Available Commercial Replacement Sites - Buildings 8
TABLE 4: Availability and Cost of Replacement Rental Housing 9
TABLE 5: Schedule of Fixed Moving Payments 18
TABLE 6: Computation of Rental Assistance Payments 20
LIST OF EXHIBITS
EXHIBIT A:
HUD Income Limits
EXHIBIT B:
Informational Statements
EXHIBIT C:
General Information Notices
EXHIBIT D:
Public Comments & Responses
55F -7
First Street Apartments Project
Relocation Plan
INTRODUCTION
AMCAL Multi- Housing, Inc. (the "Developer ") has authorized the preparation of a Relocation
Plan to be undertaken in connection with the commencement of the proposed new affordable
housing project called the First Street Apartments Project ( "Project "). The Developer has
acquired the property located at 1440 E. First Street in Santa Ana, CA as the proposed Project
site. Existing structures, including multiple commercial uses, will be demolished to allow for the
new construction.
The Project entails the new construction of 69 affordable multi - family rental units within six
residential buildings. Each building will be three stories with tuck -under parking. The units
within the Project will consist of 35 two - bedroom units, 28 three - bedroom units and six four -
bedroom units, all but one unit to be rented to families with household incomes at 30% and 60%
of the area median income (AMI). One two - bedroom unit will be a manager's unit.
Funding for the Project will come from multiple financing sources, including eight Project Based
Vouchers from the Housing Authority of the City of Santa Ana and a conditional pre -
commitment of Inclusionary Housing Funds from the City of Santa Ana. AMCAL will leverage
these local funds to secure an allocation of 9% tax credits from the California Tax Credit
Allocation Committee. The remaining financial gap will be filled with a construction loan and
then a permanent loan provided by a to- be- detennined lender.
Due to the necessary demolition of existing structures, all current Project occupants will need to
be permanently relocated. The needs and characteristics of the displaced population, available
relocation resources and the Developer's program to provide assistance to each affected person
are general subjects of this Relocation Plan (Plan).
This Plan conforms to the requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, HUD Handbook 1378, California Government
Code 7260, and Title 25 of the California Code of Regulations. (Section 104(d) does not apply,
because no residential units will be affected.)
This Plan is organized in five sections:
Project description (SECTION 1);
2. Assessment of the relocation needs of persons subject to displacement (SECTION II);
3. Assessment of available replacement residential units and commercial sites within the
City of Santa Ana (SECTION I1I);
4. Description of the Developer's relocation program (SECTION IV);
5. Description of the Developer's outreach efforts, Project timeline and budget (SECTION
V).
y ��
First Street Apartments Project
Relocation Plan
I. PROJECT DESCRIPTION
A. REGIONAL LOCATION
The Project is located in the City of Santa Ana within Orange County. Santa Ana is located
approximately 33 miles southeast of downtown Los Angeles and is immediately accessible from
Interstate 5 and Highway 55. Adjacent communities include Orange, Tustin, Costa Mesa,
Fountain Valley and Garden Grove. Figure 1 below is an area map showing the regional location
of the Project.
.� Q L San Ben
vmtcnwoan, Coamna Fontana g$.
Is ^-_*- m ,West`Covina"" �� Ontario 6ioamingtan
Lo .Angeles Pomona
HJ'�'GIIYof
IndLs! Chino
f"
ewood nowne y? "' Riverside
Y m) z Claw sslate Fark�
- Yorba Linda 'a &¢.m�'"� r'
91,4 Fullerton F+ # COfOncl Woudciest' fle:
CerrltOSs%
Into orrance '� Anaheim# c� �"'Y. o-nead
xai) take Market F'rell?
Of e . :Mounln�`.roerve
Figure 1: Regional Project Location
2
55F -9
First Street Apartments Project
Relocation Plan
B. PROJECT SITE LOCATION AND DESCRIPTION
The Project site is located at 1440 E. First Street, Santa Ana, CA generally bordered by E.
Chestnut Avenue to the south, S. McClay Street to the west, E. First to the north, and S. Lyon
Street to the east. (See Figure 2: Project Site Location)
Figure 2: Project Site Location
The Project area totals approximately 2.15 acres. The site is currently zoned C2, General
Commercial and is improved with a commercial office building that will be demolished to
facilitate the new construction.
C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS
According to the 2010 U.S. Census, the population of the City of Santa Ana is 324,528, and the
population of the impacted Census Tract 744.06 is 3,797 (see Table 1.) Corresponding Census
data concerning the housing mix is shown in Table 2.
Table 1: 2010 Census Population — City of Santa Ana &Impacted Tract
Population
Tract 744.06
%
City
%
Total Population
37,97
100.0%
324,528
100.0%
White
1,193
50.4%
148,838
45.9%
Black or African American
76
2.0%
4,856
1.5%
American Indian or Alaska Native
38
1.0%
3,260
1.0%
Asian
72
1.9%
34,138
10.5%
Native Hawaiian or Other Pacific Islander
8
0.2%
976
0.3%
Some Other Race
1,526
40.2%
120,789
37.2%
Two or More Races
164
4.3%
11,671
3.6%
Hispanic or Latino (of Any Race)
1 3,335
87.8%
253,928
78.2°/%
Source: U.S. Census Bureau, DP -1. Race, Hispanic or Latino, ana Age: zU 1U
3
55F -10
First Street Apartments Project
Relocation Plan
Table 2: 2010 Census Housing Units — City of Santa Ana & ImpactedTract
Type
Tract 744.06
%
City
%
Total Units
999
100.0%
76,896
100.0%
Total Occupied Units
919
92.0
34,756
47.50%
Owner - Occupied
245
26.7%
38,418
52.5%
Renter - Occupied
674
73.3%
3,722
4.8%
Vacant Housing Units
80
8.0%
693
18.6%
Available for Sale Only (of Total Vacant
Units)
2
0.2%
1,983
53.3%
Available for Rent — Full Time Occupancy
(of Total Vacant Units)
29
2.9%
183
4.9%
Sold or Rented —Not Occupied
1
0.1%
132
3.5%
Otherwise Not Available (e.g. seasonal,
recreational, migratory, occasional use)
3
0.3%
731
19.6%
Other Vacant
45
4.5%
76,896
100.0%
Source: U.S. Census Bureau, QT -Hl. General Housing Characteristics: 2010
55F -11
First Street Apartments Project
Relocation Plan
II. ASSESSMENT OF RELOCATION NEEDS
A. SURVEY METHOD
To obtain information necessary for the preparation of this Plan, personal interviews with the
business owners to be permanently displaced were conducted in March, April and July 2015 by
OPC staff. Based on information provided by the property owner, property manager, and the
business owners and collected via on -site inspections and interviews, there are ten business
tenants on the Project site and a cell tower.
The interviewer was successful in obtaining survey responses from all 11 Project site occupants
identified to OPC staff. In addition, the property manager of the site (with full knowledge of the
property owner) lives with two or three others in one of the office units and uses the common
exterior hallway restrooms. The data in this section of the Plan are based solely on the
unsubstantiated responses of those individuals who participated in the survey.
Inquiries made of the commercial occupants pertained to the type and description of the
business, number of employees, annual revenues, specialty equipment, permits and licenses,
hours of operation, special needs related to the relocation of the business, and preferred area to
relocate. Inquiries made of the residential occupants concerned household size and composition,
income, rent and utilities payments, length of occupancy, ethnicity, home language, physical
disabilities, legal presence status, and replacement housingpreferences.
B. FIELD SURVEY DATA - COMMERCIAL
1. Current Occupants
There are ten commercial occupants on the Project site with operating businesses consisting
of six non - profit religious organizations, two medical /health care providers, an employment
agency and a music production/classes business. The business owners rent spaces ranging
from 800 SF - 11,000 SF. Current rental rates range from $0.29 /SF - $1.29 /SF on the Project
site. All of the businesses are currently on month to month leases. There is also a cell tower
on the site.
Statistics provided by the business owners indicate the total number of full -time and part-
time employees (not including the owners) impacted by the Project is approximately 31, and
there are approximately 17 volunteers that assist several of the businesses on the Project site
as well.
There were no special replacement site requirements for the businesses stated by the owners
other than their desire to remain in the Santa Ana area on a site with adequate meeting /office
space, restrooms and adequate parking. The businesses should easily be able to relocate into
alternate commercial spaces.
55F -12
First Street Apartments Project
Relocation Plan
There was no special or unique equipment identified within the businesses other than
recording and audio visual type equipment. All businesses primarily maintain normal office
and meeting room style furniture as well as exam tables for the health careproviders.
The cell tower is unique in its relocation requirements, and recognizing the challenges faced
with identifying a suitable replacement site that would allow such a usage, the developer
initiated early discussions with Sprint, the owner of the cell tower, to work together to locate
a potential replacement site as discussed in the Relocation Resources section.
Relocation concerns of the business owners include remaining in close proximity to existing
patients, not relocating to a high crime area, keeping the same rental rate, and costs and effort
associated with updating a vendor database with the business's address change.
C. FIELD SURVEY DATA - RESIDENTIAL
1. Current Occupants
There is one residential household to be offered permanent relocation assistance. At the time of
the interview and during subsequent conversations with the property manager, there was a
discrepancy as to how many people actually occupy the unit as their primary "residence."
Information provided at different times indicated two adults and one child (17 years or
younger) or three adults and one child for a total of three or four occupants. The household
occupies a commercial unit without a bathroom or kitchen. (Because the household should not
be occupying a commercial space without a bathroom or kitchen, the Developer may grant
early eligibility to the residential occupants.)
2. Replacement Housing Needs
One of the primary purposes of a Relocation Plan is to demonstrate the availability of
comparable, affordable, decent, safe and sanitary housing prior to the displacement of
residential occupants. Replacement housing needs, as expressed in this plan, are defined by the
total number of required replacement units and distribution of those units by bedroomsize.
The projected number of required units by bedroom size is calculated by comparing survey
data for household size with the Developer's replacement housing occupancy standards. These
standards, generally, allow for up to three persons in a one - bedroom unit, five persons in a two -
bedroom unit, seven persons in a three - bedroom unit and nine or more persons in a four -
bedroom unit.
In addition, replacement housing needs must also be based on the legally present members of
the household. At the time of actual displacement, each household member will have to
provide written documentation proving their occupancy of the unit as their primary residence,
and they will have to self - certify in writing as to their legal presence status. The occupants
have verbally provided information regarding legal presence status, however, at this time it is
unclear whether there are three or four occupants.
6
55F -13
First Street Apartments Project
Relocation Plan
The Developer will provide relocation assistance to non - lawfully present persons with non-
federal funds. Therefore, based on the occupancy standard stated above, the replacement units
required for the Project occupants to be offered permanent relocation assistance are either a
one - bedroom rental unit or a two - bedroom rental unit.
3. Income
Verbal information regarding gross household income was provided by the household who
may be permanently displaced. According to income standards for the County of Orange
(Exhibit A) adjusted for family size as published by the United States Department of Housing
and Urban Development (HUD), the household qualifies as Extremely Low Income (30% or
less of AMI).
4. Ethnicity/Language
The household reported their ethnicity as Hispanic and English as the preferred language. All
verbal communication and required written notices will be provided in the language
understood by the members of the household.
5. Senior /Handicapped Households
There are no senior members (62 years or older), and no disabilities werereported.
6. Preferred Relocation Areas
The household expressed a preference to remain in the Santa Ana area.
7
55F -14
First Street Apartments Project
Relocation Plan
III. RELOCATION RESOURCES
A. METHODOLOGY
For potential, replacement, commercial sites, a resource survey was initially conducted to
identify available units and lot space for rent within a five -mile radius from the Project site and
then expanding throughout Santa Ana. The following sources wereutilized:
Contacts with real estate /property management companies serving the community
Internet sources for rental opportunities, including the Multiple Listing Service
Classified rental listings from local newspapers and For Rent publications
B. REPLACEMENT COMMERCIAL SITES AVAILABILITY
All of the business owners indicated a desire to stay in Santa Ana, although one owner was open
to Fullerton or Anaheim. The businesses that are to be displaced should be able to relocate in the
Santa Ana area or surrounding communities. When searching for replacement locations, zoning
and other regulatory issues must be considered carefully. The current availability of
commercial/retail/office space for lease in Santa Ana is adequate.
Table 3 below provides a sample of the 33 available commercial /retail /office properties
available in Santa Ana as of the date of this Plan.
Table 3: Available Commercial Replacement Sites
Property Type
Usage
Square Feet
Rent
Commercial
Commercial/Retail /Office (18)
600-2,000
$0.80 - $2.25 /SF /mo.
Commercial
Commercial /Retail /Office (13)
2,800 —4,173
$0.83 - $3.00 /SF /mo.
Commercial
Commercial /Retail /Office (2)
11,000 — 11,059
$0.90 - $2.20 /SF /mo.
At the time of displacement, ongoing referrals to the businesses will be provided through
contacts with local newspapers, property management companies, the multiple listing service
and commercial real estate brokers.
A suitable replacement property for the cell tower two parcels away from the Project site has
been identified by Sprint and the Developer. Preliminary conversations with the current long-
term lessee of the site have been initiated with favorable results, and the City has been contacted
and confirmed the site would be approved for cell tower usage.
55F -15
First Street 4partmentsProject
Relocation Plan
RESIDENTIAL
A. METHODOLOGY
For residential housing, a resource survey was conducted to identify available rental units
initially beginning within a three -mile radius from the Project site. The following sources were
utilized:
Classified rental listings from local newspapers and For Rentpublications
Contacts with real estate /property management companies serving the community
Internet sources of rental opportunities
B. REPLACEMENT HOUSING AVAILABILITY
1. Residential Rental Housing
The rental replacement housing survey considered one and two - bedroom apartments in Santa
Ana due to the undocumented and unconfirmed status of the number of residential occupants in
the unit at this time. This data is summarized in Table 4 below. The individual figures for
number of units found by bedroom size are presented in the table alongside the number of units
needed (shown in parentheses) to meet the re- housing obligations.
Table 4: Availability and Cost of Replacement Rental Housing
# of Bedrooms
One
Two
#Found ( #Needed)
11 (1)
24(1)
Rent Range
$884- $1,100
$1,125- $1,500
Median Rent
$1,045
$1,450
The median rent amounts shown in the table is among the figures used to make benefit and
budget projections for the Plan. This amount is, naturally, subject to change according to the
market rates prevailing at the time of actual displacement. The median rent for a two - bedroom
unit was used in the rental assistance calculation as the most conservative approach.
2. Summary
Considering the above described availability of replacement housing resources gathered, it
appears that there are more than adequate replacement units for the residential occupants. But,
while adequate replacement resources exist, based on survey results of rental opportunities and
the tenant's current rent, the tenant occupants will likely have an increase in monthly rent.
Possible increases, if any, will be met through the Developer's obligation under the relocation
regulations, including Last Resort Housing (LHR) requirements. (See Section IV,E).
55F -16
First Street Apartments Project
Relocation Plan
C. RELATED ISSUES
1. Concurrent Residential Displacement
There are no public projects causing significant residential displacements currently underway
in Santa Ana which would compete with the Project for needed housing resources. No
residential displaeee will be required to move without both adequate notice and access to
available affordable decent, safe and sanitary housing.
10
55F -17
First Street Apartments Project
Relocation Plan
IV THE RELOCATION PROGRAM
The Developer's Relocation Program is designed to minimize hardship, be responsive to unique
project circumstances, emphasize maintaining personal contact with all affected individuals,
consistently apply all regulatory criteria to formulate eligibility and benefit determinations and
conform to all applicable requirements.
The Developer will retain Overland, Pacific & Cutler, Inc. ( "OPC ") to administer the Relocation
Program. OPC has worked on more than 4,000 public acquisition and relocation projects over
more than 34 years. Additionally, OPC has an extensive resume of housing, redevelopment and
public works projects undertaken in the City of Santa Ana and other Southern California
communities. Experienced Developer staff will monitor the performance of OPC and be
responsible to approve or disapprove OPC recommendations concerning eligibility and benefit
determinations and interpretations of the Developer's policy.
OPC staff will be available to assist any relocated person with questions about the relocation
process, relocation counseling and /or assistance in relocating. Victor Estevez can be contacted at
(800) 400 -7356 from 8:00 am to 5:00 pm Monday through Friday, and is available via voicemail
and/or cellular phone after hours. The Relocation Office is located at 3750 Schaufele Avenue,
Suite 150, Long Beach, CA 90808.
The Relocation Program consists of two principal constituents: Advisory Assistance and
Financial Assistance.
A. ADVISORY ASSISTANCE
Individuals who will need to relocate existing businesses and personal property will receive
advisory assistance. Advisory assistance services are intendedto:
• inform displacees about the relocation program
• help in the process of finding appropriate replacement accommodations
• facilitate claims processing
• maintain a communication link with the Developer
• coordinate the involvement of outside service providers
To follow through on the advisory assistance component of the relocation program and assure
that the Developer meets its obligations under the law, OPC staff will perform the following
functions:
1. Distribute appropriate written information concerning the Developer's relocation
program;
11
55F -18
First Street Apartments Project
Relocation Plan
2. Inform eligible project occupants of the nature of, and procedures for, obtaining
available relocation assistance and benefits (See ExhibitB);
3. Determine the needs of each displacee eligible for assistance;
4. Provide referrals to available commercial sites for business tenants;
5. Provide residential displacees with at least three referrals to comparable
replacement housing within a reasonable time prior to displacement. Generally, a
comparable replacement dwelling must satisfy the following criteria:
(a) The unit is decent, safe and sanitary - electrical, plumbing and heating
systems in good repair - no major, observable hazards or defects. The
unit is adequate in size and is comparable to the acquired dwelling with
respect to number of rooms, habitable living space and type and quality of
construction, but not lesser in rooms or living space as necessary to
accommodate the displaced person. The unit is functionally equivalent,
including principle features.
(b) The unit is located in an area not subjected to unreasonable adverse
environmental conditions from either natural, or man -made sources, and
not generally less desirable with respect to public utilities, transportation,
public and commercial facilities, including schools and municipal services
and reasonably accessible to the displaced person's place ofemployment.
(c) The unit is available both on the private market and to all persons
regardless of race, color, sex, marital status, religion or, nationalorigin.
(d) The monthly rental rate is within the financial means of the displaced
residential tenant.
6. Maintain an updated database of available replacement resources, and distribute
referral information to displacees for the duration of the Project;
7. Supply information concerning federal and state programs and other
governmental programs providing assistance to displacedpersons;
S. Make benefit determinations and payments in accordance with applicable law and
the Developer's adopted relocation guidelines;
9. Assist eligible occupants in the preparation, and submission, of relocation
assistance claims;
10. Assure that no occupant is required to move without a minimum of 90 days
written notice to vacate;
12
55F -19
First Street Apartments Project
Relocation Plan
11. Inform all persons subject to displacement of the Developer's policies with regard
to eviction and property management;
12. Provide additional reasonable services necessary to successfully relocate
occupants;
13. Establish and maintain a formal grievance procedure for use by displaced persons
seeking administrative review of the Developer's decisions with respect to
relocation assistance; and
14. Provide assistance that does not result in different or separate treatment based on
or due to an individual's sex, marital status, race, color, religion, ancestry,
national origin, physical handicap, sexual orientation, and domestic partnership
status.
B. COMMERCIAL RELOCATION BENEFITS
As a function of a comprehensive relocation assistance program, relocation staff will provide the
displaced business owners with required technical and advisory assistance and distribute all
required notices and the informational statement (Exhibit B). Close contact will be maintained
with the business owners.
The Developer will provide relocation benefits in accordance with the Federal Relocation
Regulations and HUD Handbook 1378. The Developer will pay benefits to the claimants upon
submission of required claim forms and documentation in accordance with the Developer's
approved procedures.
Eligible businesses will have two options with respect to claims for relocation assistance
benefits:
1) compensation for actual reasonable and necessary moving and related expenses;
or
2) a fixed payment in lieu not to exceed $40,000.
Off -site property owners whose sole business is considered to be the rental of real property to
others are not eligible to receive a fixed payment but may file a claim for actual moving costs
and compensation for reestablishment expenses described later in this section, unless the
property is acquired through voluntary acquisition.
1. Payment for Actual Reasonable and Necessary Moving and Related
Expenses
Any business, which qualifies as a displaced person, is entitled to payment for such actual
moving expenses, as the Developer determines to be reasonable and necessary, including
expenses for:
13
55F -20
First Street Apartments Project
Relocation Plan
a. Transportation of persons and property from the present location to the
replacement location (transportation costs for a distance beyond 50 miles are not
eligible, unless the Developer determines that relocation beyond 50 miles is
justified);
b. Packing, crating, uncrating, and unpacking personal property;
C. Disconnecting, dismantling, removing, reassembling, and installing relocated and
substitute machinery, equipment and other personal property. 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;
d. Storage of personal property for a period not to exceed 12 months, unless the
Developer determines that a longer period is necessary;
e. 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;
Any license, permit, or certification required by the displaced business, to the
extent that the cost is necessary for reestablishment at the replacement location.
(These costs may be pro -rated based on the remaining useful life of any existing
license, permit or certification);
g. 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) moving the personal property; or, (3)
installing the relocated personal property at the replacement location;
h. Professional services performed prior to the purchase or lease of a replacement
site to determine its suitability for the business operation including, but not
limited to, soil testing, feasibility and marketing surveys;
The purchase and installation of substitute personal property limited to the lesser
of: (1) an amount equal to the reasonable expenses that would have been required
to relocate the property, as determined by the Developer, subject to certain
limitations, or, (2) the replacement cost, less any proceeds from its sale or trade
in;
Connection to available nearby utilities from the right-of-way to improvements at
the replacement site;
14
55F -21
First Street Apartments Project
Relocation Plan
k. The modification of machinery, equipment or other personal property necessary
to adapt these to the replacement location or to utilities available at the
replacement location;
1. Relettering signs and replacing stationary on hand at the time of displacement that
is made obsolete as a result of the move;
m. 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 less any proceeds from sale of the property; or, (2) an amount equal
to the reasonable expenses that would have been required to relocate the property,
as determined by the Developer, subject to certain limitations;
n. Actual and reasonable expenses incurred in searching for a replacement business
or non - profit organization location, not -to- exceed $2,500, and including
compensation for transportation expenses; time spent searching for a reasonable
location, meals, and lodging; real estate broker or agent fees; time spent in
obtaining permits and attending zoning hearings; and time spent negotiating the
purchase of a replacement site;
o. Impact fees or one -time assessments for anticipated heavy utilityusage;
P. Low Value/High Bulk: when the personal property to be moved is of low value
and high bulk, and the cost of moving the property would be disproportionate to
its value in the judgment of the Developer, the allowable moving cost payment
shall not exceed the lesser of (1) the amount which would be received if the
property were sold at the site or (2) the replacement cost of a comparable quantity
delivered to the new business location. Examples of personal property covered by
this provision include, but are not limited to, stockpiled sand, gravel, minerals,
metals and other similar items of personal property as determined by the
Developer;
q. A Reestablishment allowance of up to $25,000, available to farms, nonprofit
organizations and small businesses with no more than 500 employees.
Reestablishment allowance payments are made in addition to compensation
provided for actual, reasonable and necessary moving expenses. Reestablishment
allowance expense categories include but are not limited to:
1) Repairs or improvements to the replacement property as required
by Federal, State or local law, code or ordinance;
2) Modifications to the replacement property to accommodate the
business operation or make replacement structures suitable for
conducting business;
15
55F -22
First Street Apartments Project
Relocation Plan
3) Construction and installation costs for exterior signing to advertise
the business;
4) Redecoration or replacement of soiled or worn surfaces at the
replacement site, such as paint paneling or carpeting;
5) Advertisement of replacement location;
6) Estimated increased costs of operation during the first two years at
the replacement site for such items as:
a. Lease or rental charges
b. Personal or real property taxes
c. Insurance premiums, and
d. Utility charges, excluding impact fees
7) Other items essential to the reestablishment of thebusiness.
2. Self -Moves
If the displaced business elects to take full responsibility for the move of the business, the
Developer will make a payment for the business's moving expenses in an amount not to
exceed the lower of two acceptable bids or estimates submitted to the Developer. At the
Developer's discretion, a payment for a low cost or uncomplicated move may be based
on a single bid or estimate.
3. A Fixed Payment in Lieu of a Payment for Actual Reasonable Moving and
Related Expenses
The option to claim a fixed payment enables both for -profit and non - profit businesses to
receive relocation assistance compensation without providing documentation of bids and
actual expenses. The payment amount available to any individual business is based on an
average of annual net earnings over a two year period. For businesses which have not
been in operation for two years, income figures can be annualized. The method for
establishing income is through tax returns and/or certified financial statements. The
payment to an eligible business may not be less than $1,000, or more than$40,000.
To qualify for this payment, it must be determined that, a displaced business:
owns or rents personal property, which must be moved in connection with such
displacement and for which an expense would be incurred in suchmove;
is not operated at the displacement site solely for the purpose of renting the
dwelling or site to others;
16
55F -23
First Street Apartments Project
Relocation Plan
• cannot be a part of a commercial enterprise having at least three other
establislunents which are not being acquired by the Developer, and which is under
the same ownership and engaged in the same or similar business activities;
• must not be able to relocate without substantial loss of patronage; and
• contributed materially, as defined by the Developer, to the income of the
displaced person during the two taxable years prior to displacement.
4. Personal Property Move Only (Storage)
Eligible displaced persons include those that must relocate personal property from the
Project site. The owner of the personal property is entitled to reimbursement for expenses
related to the relocation of the personal property as described in D (1) (a- e) above.
C. RESIDENTIAL RELOCATION BENEFITS
Specific eligibility requirements and benefit plans will be detailed on an individual basis with all
displacees. In the course of a personal interview and follow -up visits, each displacee will be
counseled as to available options and the consequences of any choice with respect to financial
assistance.
Relocation benefits will be provided in accordance with the provisions of the federal guidelines,
and Developer rules, regulations and procedures pertaining thereto. Benefits will be paid to
eligible displaced persons upon submission of required claim forms and documentation in
accordance with the Developer's normal administrative procedures. Specifically, funds from a
private debt from a to- be- determined lender will be used by to pay relocation related payments.
The Developer will process advance payment requests to mitigate 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. Approved requests will be processed expeditiously to help avoid the loss of desirable,
appropriate replacement housing.
1. Residential Moving Expense Payments
All residential occupants to be permanently relocated will be eligible to receive a
payment for moving expenses. Moving expense payments will be made based upon the
actual cost of a professional move or a fixed payment based on a room -count schedule.
a. Actual Cost (Professional Move)
Displacees may elect to have a licensed professional mover perform the move. The actual
cost of the moving services, based on at least two acceptable bids, will be compensated
by the Developer in the form of a direct payment to the moving company upon
presentation of an invoice. Transportation costs are limited to a distance of 50 miles in
17
55F -24
First Street Apartments Project
Relocation Plan
either case. In addition to the actual move, costs associated with utility re- connections
(i.e., gas, water, electricity, telephone, and cable, if any), are eligible for reimbursement.
b. Fixed Payment (based on Room Count Schedule)
An occupant may elect to receive a fixed payment for moving expenses which is based
on the number of rooms occupied in the displacement dwelling. In this case, the person to
be relocated takes fall responsibility for the move. The fixed payment includes all utility
connections as described in (a), above.
The current schedule for fixed moving payments is set forth in Table 5 following:
TABLE 5: Schedule of Fixed Moving Payments*
Unfurnished Dwelling
One room
$725
Two rooms
$930
Three rooms
$1,165
Four rooms
$1,375
Five rooms
$1,665
Six rooms
$1,925
Seven rooms
$2,215
Eight rooms
$2,505
each additional room
$265
Furnished Dwelling
First Room
$475
Each additional room
$90
*Based on the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended— Fixed Residential Moving Cost Schedule (2015)
2. Rental Assistance to Tenants Who Choose to Rent
To be eligible to receive the rental assistance benefits, the displaced tenant household has
to rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within
one year from the date they move from the displacement dwelling.
Based upon the available data regarding Project displacees, the displaced household may
qualify for, and may be eligible to apply for, relocation benefits under URA provisions.
Except in the case of Last Resort Housing situations, the potential payment to the
is
55F -25
First Street Apartments Project
Relocation Plan
household will be payable over a 42 -month period and limited to a maximum of $7,200
as stated under URA guidelines. The relocation program is explained in detail in the
informational brochure to be provided to each permanently displaced household (see
Exhibit B).
Rental Assistance payment amounts are equal to 42 times the difference between the base
monthly rent and the lesser of:
(i)The monthly rent and estimated average monthly cost of utilities for a
comparable replacement dwelling; or
(ii) The monthly rent and estimated average monthly cost of utilities for the
decent, safe, and sanitary replacement dwelling actually occupied by the displaced
person.
The base monthly rent for the displacement dwelling is the lesser of:
(i)The average monthly cost for rent and utilities at the displacement dwelling for
a reasonable period prior to displacement Average monthly cost of utilities will be
determined by actual statements /receipts over a 12 month period or a statement of
average usage from the utility company, if provided. The most recent local utility
schedule will be used to determine estimated utilities' costs, if actual costs are not
provided. For owner- occupants or households, which paid little or no rent, fair
market rent will be used as a substitute for actual rent; or
(ii) Thirty percent (30 %) of the displaced person's average, monthly gross
household income, if the amount is classified as "low income" by the U. S.
Department of Housing and Urban Development's (HUD) Annual Survey of
Income Limits for the Public Housing and Section 8 Programs. (HUD's
Survey is shown as Exhibit C.) If a displacee refuses to provide appropriate
evidence of income or is a dependent, the base monthly rent shall be determined
to be the average monthly cost for rent/utilities at the displacement dwelling; or
(iii) The total of the amount designated for shelter and utilities if receiving a
welfare assistance payment from a program that designated the amounts for
shelter and utilities.
Table 6 portrays the benefits determination under the URA:
19
55F -26
First Street Apartments Project
Relocation Plan
TABLE 6: Example Computation of URA Rental Assistance Payments
1. Old Rent
$650
Old Rent and Utilities
or
2. Ability to Pay
$700
30% of the Gross Household Income (if Lowlncome)
3. Lesser of lines 1 or 2
$650
Base Monthly Rental
Subtracted From:
4. Actual New Rent
$750
Actual New Rent and Estimated Utilities
or
5. Comparable Rent
$775
Determined by Developer (includes estimated utilities)
6. Lesser of lines 4 or 5
$750
7. Yields Monthly Need
$100
Subtract line 3 from line 6
8. Rental Assistance
$4,200
Multiply line 7 by 42 months
3. Downpayment Assistance to Tenants Who Choose to Purchase
The displaced household may opt to apply the entire benefit amount for which they are
eligible toward the purchase of a replacement unit (Guidelines 49 CFR 24.402(b) and
HUD 1378).
A displaced household, who chooses to utilize up to the full amount of their rental
assistance eligibility (including any Last Resort benefits) to purchase a home, will have
the funds deposited in an open escrow account, provided that the entire amount is used
for the downpayment and eligible, incidental costs associated with the purchase of a
decent, safe, and sanitary replacement home. A provision shall be made in the escrow
arrangements for the prompt return of the Developer funds, in the event escrow should
fail to close within a reasonable period of time.
Final determination about the type of relocation benefits and assistance for which the
household is eligible will be determined upon verification of the household's occupants
and income.
D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION
BENEFITS
Claims and supporting documentation for relocation benefits must be filed with the Developer
and City staff no later than 18 months after the date of displacement. Relocation benefits will be
20
55F -27
First Street Apartments Project
Relocation Plan
paid from private debt from a to- be- determined lender. The procedure for the preparation and
filing of claims, and the processing and delivery of payments, will be as follows:
Claimant(s) will provide all necessary documentation to substantiate eligibility for
assistance;
2. Relocation staff will review all necessary documentation including, but not
limited to, income verification, lease documents, move estimates, and escrow
material before reaching a determination as to which expenses are eligible for
compensation;
3. Required claims forms will be prepared by relocation staff and presented to the
claimant for review. Signed claims and supporting documentation will be returned
to relocation staff and submitted to the Developer and City staff;
4. City staff will review and approve claims for payment, or request additional
information;
5. The Developer will issue benefit checks to claimants in the most secure,
expeditious manner possible;
6. Final payments to residential displacees will be issued after confirmation that the
Project premises have been completely vacated and actual residency at the
replacement unit is verified;
7. Receipts of payment and all claims materials will be maintained in the relocation
case file.
E. LAST RESORT HOUSING
Based on data derived from the surveys and analyses of the occupants in the Project area and
costs of replacement housing resources, it is anticipated that "comparable replacement housing"
will not be available as required for the residential tenants. Specifically, for renters, when the
computed replacement housing assistance eligibility exceeds $7,200 or replacement dwelling
monthly rental costs (including utilities and other reasonable recurring expenses) exceeds 30% of
the person's average monthly income.
Therefore, if the Project proceeds, the Developer will authorize sufficient funds to provide
housing of last resort. Due to the demonstrated number of available replacement housing
resources for all households, as shown above in Section III, B - 1, the need to develop a
replacement housing plan to produce sufficient number of comparable replacement dwellings
will not be necessary. Rather, funds will be used to make payments in excess of the monetary
limits specified in the statute ($7,200); hence, satisfying the requirement that `comparable
replacement housing" is available.
21
55F -28
First Street Apartments Project
Relocation Plan
The Developer may pay Last Resort Housing payments in installments. Recipients of Last Resort
rental assistance, who intend to purchase rather than re -rent replacement housing, will have the
right to request a lump sum payment of all benefits in the form of downpayment assistance.
Tenant households receiving periodic payments will have the option to request a lump sum
payment of remaining benefits to assist with the purchase of a decent, safe and sanitarydwelling.
F. IMMIGRATION STATUS
Federal legislation (PL105 -117) prohibits the payment of relocation assistance benefits under the
Uniform Act to any alien not lawfully present in the United States unless such ineligibility would
result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any
of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely
unusual hardship is defined as significant and demonstrable adverse impact on the health or
safety, continued existence of the family unit, and any other impact determined by the Developer
to negatively affect the alien's spouse, parent or child. However, the Developer will authorize
the payment of relocation assistance benefits to any otherwise eligible residential displacees
from non - federally authorized reimbursable funds.
In order to be eligible to receive non - residential relocation benefits in federally - funded projects,
in the case of an unincorporated business, each owner must be either a citizen or national of the
United States, or an alien who is lawfully present in the United States. 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 within the United States.
Owners of sole proprietorships or partnerships, who are not lawfully present in the United States,
or who decline to provide this information, are not eligible for relocation assistance, unless such
ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse,
parent, or child, any of whom is a citizen or an alien admitted for permanent residence.
Relocation benefits would be prorated to reflect the number of owners with certified lawful
presence in the United States, however, the Developer will authorize the payment of relocation
assistance benefits to any otherwise eligible business displacee from non - federal funds.
In order to track and account for relocation assistance and benefit payments, Developer staff will
be required to seek immigration status information from each member of the household and from
each sole proprietor and /or partner having them self-certify as to their legal status.
G. RELOCATION TAX CONSEQUENCES
In general, relocation payments are not considered income for the purpose of Division 2 of the
Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of
1986 (Title 26, U.S. Code), or for the purpose of determining the eligibility or extent of
eligibility of any person for assistance under the Social Security Act (42 U.S. Code 301 et seq.)
or the Personal Income Tax Law, Part 10 (commencing with Section17001) of the Revenue and
22
55F -29
First Street Apartments Project
Relocation Plan
Taxation Code, or the Bank and Corporation Tax Law, Part 1I (commencing with Section 23001)
of Division 2 of Revenue and Taxation Code. The above statement on tax consequences is not
intended as tax advice by the Developer or OPC. Displacees are responsible for consulting with
their own tax advisors concerning the tax consequences of relocationpayments.
H. PROGRAM ASSURANCES AND STANDARDS
There are adequate funds to relocate the businesses, the cell tower, and the residential household.
Services will be provided to ensure that displacement does not result in different or separate
treatment of displacees based on race, nationality, color, religion, national origin, sex, marital
status, familial status, disability or any other basis protected by the Federal Fair housing
Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964,
Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and
the Unruh Act, as well as any other arbitrary or unlawful discrimination.
23
55F -30
First Street Apartments Project
Relocation Plan
V. ADMINISTRATIVE PROVISIONS
A. NOTICES
Each notice, which the Developer is required to provide to a Project occupant, shall be
personally delivered or sent by certified or registered first -class mail, return receipt requested and
documented in the case file. Each notice will be written in plain, understandable language.
Persons who are unable to read and understand any notice will be provided with appropriate
translation and counseling. Each notice will indicate the name and telephone number of a person
who may be contacted for answers to questions or other needed help.
There are three principal notices:
1) the General Information Notice,
2) the Notice of Relocation Eligibility, and
3) the Ninety -Day Vacate Notice.
The General Information Notice (GIN) is intended to provide potential relocatees with a general
written description of the Developer's relocation program and basic information concerning
benefits, conditions of eligibility, noticing requirements and appeal rights. (See Exhibit C) GINs
were mailed via regular and certified mail to the affected business occupants in late January 2015
and hand - delivered to occupants in March 2015. The GIN for the residential tenants was
delivered in August 2015 after they were identified.
A Notice of Relocation Eligibility (NOE) will be distributed to each relocates. The NOE to the
commercial occupants includes a description of the benefits categories for which the business
owners are eligible. The NOE to the residential relocatee contains a determination of eligibility
for relocation assistance and a computation of a maximum entitlement based on information
provided by the affected household and the analysis of comparable replacement properties
undertaken by relocation staff. The NOE will be issued to any eligible permanent displacee once
the Project has been approved and Project funding is inplace.
No lawful occupant will be required to move without having received at least 90 days advance
written notice of the earliest date by which the move will be necessary. The 90 -day notice will
either state a specific date as the earliest date by which the occupant may be required to move or
state that the occupant will receive a further notice indicating, at least 30 days in advance, the
specific date of the required move.
In addition to the three principal notices, Developer staff will issue timely written notification in
the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration
date for the loss of benefits to those persons who:
1) are eligible for monetary benefits,
2) have moved from the acquired property, and
3) have not filed a claim for benefits.
24
55F -31
First Street Apartments Project
Relocation Plan
Reminder Notices will be issued periodically throughout the qualification period. An attempt
shall be made to make written contact with all non - responsive relocatees no later than within the
last six months prior to the filing expiration date.
B. PRIVACY OF RECORDS
All information obtained from displacees is considered confidential and will not be shared
without consent of the displacee or the Developer. Relocation staff will comply with federal
regulations concerning safeguarding of relocation files and theircontents.
C. GRIEVANCE PROCEDURES
The Developer's grievance policy will follow the standards described in Article 5 Section 6150 et
seq. of the State guidelines. Briefly stated, displacees will have the right to ask for administrative
review when they believe themselves aggrieved by a determination as to eligibility, the amount
of payment, or the Developer's property management practices. Written appeals will be reviewed
by City of Santa Ana staff.
D. EVICTION POLICY
Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits.
Relocation records will be documented to reflect the specific circumstances surrounding any
eviction action.
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;
(c) A material breach of the rental agreement, and failure upon notification to correct
said breach within 30 days ofNotice;
(d) Maintenance of a nuisance, and failure to abate such nuisance upon notification
within a reasonable time following Notice;
(e) A requirement under State, or local law or emergency circumstances that cannot
be prevented by reasonable efforts on the part of the Developer.
(f) A failure to vacate by the end of the 90 -Day notice period.
E. CITIZEN PARTICIPATION
As the process for considering the Project moves forward, the Developer will observe the
following protocol:
25
55F -32
First Street Apartments Project
Relocation Plan
1. Provide affected tenants with full and timely access to documents relevant to the
relocation program;
2. Encourage meaningful participation in reviewing the Relocation Plan and
monitoring the relocation assistance program;
3. Provide technical assistance necessary to interpret elements of the Relocation Plan
and other pertinent materials;
4. Issue a general notice concerning the availability of the Plan for public review, as
required, 30 days prior to its proposed adoption; and
5. Include written or oral comments concerning the Plan as an attachment (Exhibit
D) when it is forwarded to the City of Santa Ana City Council for approval.
F. PROJECTED DATE OF DISPLACEMENT
The Developer anticipates that with the exception of the residential occupant, date specific
Notices to Vacate will not be issued prior to February 2016. No occupant will be required to
vacate without a minimum of 90 days notice. However, an occupant may choose to vacate prior
to a vacate notice being issued, once they have received their Notice of Eligibility, and be
assured they will receive any relocation assistance to which they may be entitled.
G. ESTIMATED RELOCATION COSTS
The total budget estimate for relocation- related payments for this Project, including a 10%
contingency, is $865,000. The relocation estimate includes the permanent relocation of 10
businesses, the cell tower, and one residential household.
This estimate should not be interpreted as firm, "not to exceed," or actual entitlement costs. The
estimate is based on the data obtained through the occupant interviews, current project scope,
replacement site availability, moving costs, reestablishment costs and the judgment and
experience of the Overland, Pacific & Cutler, Inc. staff.
The estimate does not include any payments related to property acquisition or any compensation
for Improvements Pertaining to Realty. In addition, the budget does not consider the cost of any
services necessary to implement the Plan and complete the relocation element of theProject.
If the Project is to be implemented, and circumstances arise that should change either the number
of displaced occupants, or the nature of their activity, the Developer will authorize any additional
compensable funds that may need to be appropriated. The Developer pledges to appropriate, on a
timely basis, the funds necessary to ensure the successful completion of the Project.
26
55F -33
EXHIBIT A
HUD INCOME LIMITS - ORANGE COUNTY
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: $85,900
Family Size
Extremely Low
Very Low
Lower
I Person
19,700
32,800
52,500
2 Person
22,500
37,500
60,000
3 Person
25,300
42,200
67,500
4 Person
28,100
46,850
74,950
5 Person
30,350
50,600
80,950
6 Person
32,600
54,350
86,950
7 Person
36,730
58,100
92,950
8 Person
40,890
61,850
98,950
Figures are per the Department of Housing and Urban Development, 2015.
55F -34
EXHIBIT B
INFORMATIONAL STATEMENT
55F -35
Relocation Assistance
Informational Statement
For Business, farm & Nonproffit
Displacing Agency
AMCAL Multi - Housing, Inc.
Project Name:
First Street Apartments Project
Displacing Agency Representative:
Overland, Pacific & Cutler, Inc.
3750 Schaufele Avenue, Suite 150
Long Beach, CA 90808
Phone: 1 -800- 400 -7356
Spanish speaking agents are available. Si necesita esta informacian en espan"ol, par favor Hams a su agente.
55F -36
(Federal)
Introduction
The property on which you now conduct your business is in an area to be improved by, or financed
through, the Displacing Agency using federal funds. If and when the project proceeds, and it is
necessary for you to move your business, you may be eligible for certain benefits. You will be
notified in a timely manner as to the date by which you must move. Please read this information, as
it will be helpful to you in determining your eligibility and the amount of the relocation benefits you
may receive under the law. You will need to provide adequate and timely information to determine
your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive
the benefits or it may take longer to pay you. We suggest you save this informational statement for
reference.
The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc.
(OPQ to provide relocation assistance to you. The firm is available to explain the program and
benefits. Their address and telephone number is listed on the cover.
PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE THE
PROPERTY. However, if you desire to move sooner than required, you must contact your
relocation agent at Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a
general informational brochure only, and is not intended to give a detailed description of either the
law or regulations pertaining to the Displacing Agency's relocation assistance program.
Please continue to pay your rent to your current landlord, otherwise you may be evicted
and jeopardize the relocation benefits to which you may be entitled to receive. Once the
Displacing Agency acquires the property, you will also be required to pay rent to the
Displacing Agency.
Summary of Available Relocation Assistance:
A. Advisory assistance to explain the relocation process, the related eligibility requirements, the
procedures for obtaining reimbursement for moving expenses and referrals to suitable
replacement locations
B. Payment for your moving expenses. You may receive one of the following options:
Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or
Option 2: A Fixed Payment In Lieu of a Payment for Actual Moving and Related
Expenses
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 Displacing Agency's decision as to your right to a relocation payment, or the
amount of the payment, you may appeal that decision.
55F -37
1. How Will I Know I Am Eligible for Relocation Assistance?
Ordinarily, eligibility begins on the date the owner of the property receives the Displacing Agency's
initial written offer to purchase the property. Therefore, you should not move before that date or
receiving a notice of eligibility. If you do, you may not be eligible for relocation assistance.
2. How Will the Displacing Agency Know How Much Help I Need?
You will be contacted at an early date and personally interviewed by an agent of the Displacing
Agency. The interviewer will want to get information about your current operation, as well as identify
movable personal property and non - movable improvements, determine your needs and preferences
for a replacement location, estimate the time required to vacate the premises and your need for
advance payments. During the interview, you may want to discuss other issues relative to your
move. It is to your advantage to provide as much information as possible so that the Displacing
Agency, through its relocation agent, can assist you in moving with a minimum of hardship. The
information you give will be kept in confidence.
3. How Soon Will I Have to Move?
Every reasonable effort will be made to provide you with sufficient time to find a suitable
replacement location and reestablish your business. 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
Displacing 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.
4. I Own the Property. Will I Be Paid for It Before I Have to Move?
If you reach a voluntary agreement to sell your property to the Displacing 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 pay off 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).
S. Will I Have to Pay Rent to the Displacing Agency Before I Move?
You may be required to pay a fair rent to the Displacing Agency for the period between the
acquisition of your property and the date that you move. Your rent and the terms of your tenancy
will be generally the same as in the prior arrangement.
6. How Will I Find a Replacement Location?
Your relocation agent will provide you with current and continuing information on available
replacement locations that meet your needs. You will also be provided with the names of local real
estate agents and brokers who can assist you in finding the type of replacement location you require.
55F -38
However, you are urged to take an active role in identifying, and relocating to, a location of your
choice. No one knows your needs better than you do. You will want a facility that provides sufficient
space for your planned activities. You will also want to ensure that there are no zoning or other
requirements which will unduly restrict your planned operations. Your relocation agent will explain
which kind of moving costs are eligible for reimbursement and which are not eligible. That will enable
you to carry out your move in the most advantageous manner.
7. What Other Assistance Will Be Available to Help Me?
In addition to help in finding a suitable replacement location, your relocation agent will help you
secure the services of outside specialists, as necessary, to plan the move, as well as provide
assistance during the actual move and in the reinstallation of machinery and /or other personal
property. The range of services depends on the needs of the business being displaced. You should
ask the Displacing Agency's relocation agent to tell you about the specific services that will be
available to you.
8. I Have a Replacement Location and Want to Move. What Should I Do?
Before you make any arrangements to move, notify the Displacing Agency's relocation agent, in
writing, of your intention to move. This should be done at least 30 days before the date you begin
your move. The Displacing 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.
9. I Plan to Discontinue My Business Rather than Move. What Should I Do?
If you have decided to discontinue your business rather than reestablish it, you may still be eligible
to receive a payment. Contact the Displacing Agency's relocation agent 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.
10. What Kinds of Payments for Moving Expenses Will I Receive?
Every business is eligible for a relocation payment to cover the reasonable cost of moving. Assuming
you meet certain eligibility criteria, you may choose one of the following options:
Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or
Option 2: A Fixed Payment In Lieu of Moving and Related Expenses
These payment options are described below:
Option 1: 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:
1. Transportation of personal property. Transportation costs for a distance beyond 50 miles are
not eligible, unless the Displacing Agency determines that relocation beyond 50 miles is
J ustified.
2. Packing, crating, unpacking, and uncrating of the personal property.
55F -39
3. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery,
equipment, and other personal property, and certain substitute personal property. This
includes connection to utilities available within the building. It also includes modifications to
the personal property, including those mandated by Federal, State or local law, code or
ordinance, necessary to adapt it to the replacement structure, the replacement site, or the
utilities at the replacement site, and modifications necessary to adapt the utilities at the
replacement site to the personal property.
4. Storage of the personal property determined to be necessary by the Displacing Agency, not
to exceed 12 months, unless the Displacing Agency determines that a longer period is
warranted.
5. Insurance for the replacement value of the personal property in connection with the move
and necessary storage.
6. The replacement value of property lost, stolen or damaged in the process of moving (not
through fault or negligence of the displaced person, his or her agent or employee), where
insurance covering such loss, theft or damage is not reasonably available.
7. Any license, permit, fees or certification required of your business at the replacement
location. However, the payment may be based on the remaining useful life of the existing
license, permit, fees or certification.
S. Reasonable and preauthorized professional services, the Displacing Agency determines to be
necessary for (i) planning the move of the personal property, (ii) moving the personal
property, and (iii) installing the relocated personal property at the replacement location.
9. Re- lettering signs and replacing stationary on hand at the time of displacement that is made
obsolete as a result of the move.
10. Actual direct loss of tangible personal property incurred as a result of moving or discontinuing
your business. The payment will consist of the lesser of:
(i) The fair market value in place of the item, as is for continued use at the displacement
site, less the proceeds from its sale. (To be eligible for payment, you must make a
good faith effort to sell the personal property, unless the Displacing Agency
determines that such effort is not necessary. When payment for property loss is
claimed for goods held for sale, the fair market value will be based on the cost of the
goods to the business, not the potential selling price.); or
(ii) The estimated cost of moving the item as is, but with no allowance for storage; or for
reconnecting a piece of equipment if the equipment is in storage or not being used at
the acquired site. (If you elect to discontinue your business, the estimated cost will be
based on a moving distance of 50 miles.)
11. Purchase of substitute personal property. If an item of personal property which is used as
part of your business is not moved but is promptly replaced with a substitute item that
performs a comparable function at the replacement site, you will be entitled to payment for
the lesser of:
55F -40
(i) The cost of the substitute item, including installation costs at the replacement site,
minus any proceeds from the sale or trade -in of the replaced item; or
(ii) The estimated cost of moving and reinstalling the replaced item but with no allowance
for storage. At the Displacing Agency's discretion, the estimated cost for a low cost or
uncomplicated move may be based on a single bid orestimate.
12. The reasonable cost incurred in attempting to sell an item that is not to be relocated.
13. Searching for a replacement location. Your business is entitled to reimbursement for actual
expenses, not to exceed $2,500 as the Displacing Agency determines to be reasonable, which
are incurred in searching for a replacement location including:
i) Transportation
ii) Meals and lodging away from home.
iii) Time spent searching, based on reasonable salary orearnings.
iv) Fees paid to a real estate agent or broker to locate a replacement site, exclusive of
any fees or commissions related to the purchase of such site.
V) Time spent in obtaining permits and attending zoning hearings; and
vi) Time spent negotiating the purchase of a replacement site based on a reasonable
salary or earnings.
14. When the personal property to be moved is of low value and high bulk, and the cost of
moving the property would be disproportionate to its value in the judgment of the Displacing
Agency, the allowable moving cost payment shall not exceed the lesser of: the amount which
would be received if the property were sold at the site or the replacement cost of a
comparable quantity delivered to the new business location.
15. Other related moving expenses as the Displacing Agency determines to be reasonable and
necessary, including:
Connection to available nearby utilities from the right -of -way to improvements at the
replacement site;
ii) Professional services performed prior to the purchase or lease of a replacement site to
determine its suitability for your business operation, including but not limited to soil
testing, feasibility and marketing studies (excluding any fees or commissions directly
related to the purchase or lease of such site). At the Displacing Agency's discretion, a
reasonable pre- approved hourly rate may be established
iii) Impact fees or one -time assessments for anticipated heavy utility usage, as
determined by the Displacing Agency.
The Displacing Agency's relocation agent 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 Displacing Agency will inform you of the documentation needed to support yourclaim.
You may minimize the amount of documentation needed to support your claim, if you elect to "self -
move" your property. Payment for a self -move is based on the amount of an acceptable low bid or
estimate obtained by the Displacing 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 Displacing Agency
55F -41
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 reimbursed by the Displacing Agency or, if
you prefer, you may have the Displacing Agency pay the mover directly. In either case, let the
Displacing Agency's relocation agent know before you move. The Displacing Agency agent 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 Displacing 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 Displacing Agency before you may
receive the payment.
In addition to the reimbursable expenses described above, a small business, farm or non - profit
organization may be eligible to receive a payment of up to $25,000 for expenses actually incurred in
relocating and reestablishing its operation at a replacement site. Eligible expenses must be
reasonable and necessary, as determined by the Displacing Agency. They may include but are not
limited to the following:
1. Repairs or improvements to the replacement real property as required by federal, state or local
law, code or ordinance.
2. Modifications to the replacement property to accommodate the business operation or make
replacement structures suitable for conducting the business.
3. Construction and Installation costs for exterior signage to advertise the business.
4. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint,
paneling or carpeting.
S. Advertising of replacement location.
6. Estimated increased costs of operation during the first 2 years at the replacement site, for such
items as:
a. Lease or rental charges
b. Personal or real property taxes
c. Insurance premiums, and
d. Utility charges (excluding Impact fees)
Other items that the Displacing Agency considers essential to the reestablishment of the
business.
The following is a non - exclusive listing of reestablishment expenditures not considered to be
reasonable, necessary or otherwise eligible:
Purchase of capital assets, such as, office furniture, filing
fixtures.
Purchase of manufacturing materials, production supplies,
used in the normal course of the business operation.
55F -42
cabinets, and machinery or trade
product inventory, or other items
• Interest costs associated with any relocation expense or the purchase of replacement
property.
• Payment to a part -time business in the home which does not contribute materially to the
household income.
Option 2: Fixed Payment In Lieu of a Payment for Actual Reasonable Moving and
Related Expenses
A displaced business, non - profit organization or farm may be eligible to choose a fixed payment in
lieu of the payments for actual moving and related expenses and actual reasonable reestablishment
expenses. The payment may not be less than $1,000.00 or more than $40,000.00. For a business or
farm, the payment is based on the average annual net earnings before Federal, State and local
income taxes during the 2 taxable years immediately prior to the taxable year in which it was
displaced. For a non - profit organization, the payment is based on the average of 2 years annual
gross revenues less administrative expenses.
In order to qualify for this payment, the Displacing Agency must determine that:
1. The business owns or rents 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. The business cannot be relocated without a substantial loss of existing patronage (clientele
or net earnings).
3. The business is not a part of a commercial enterprise having more than three other entities
which are not being acquired by the Displacing Agency, and which are engaged in the
same or similar business activities.
4. The business is not operated at the displacement dwelling /site solely for the purpose of
renting such dwelling /site to others.
The business contributed materially to the income of the displaced person during the two
(2) taxable years prior to displacement.
If the business or farm was not in operation for the full two years prior to displacement, the net
earnings are 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 Displacing Agency
determines it to be more equitable. Net earnings include any compensation paid to the owners of the
business, a spouse or dependents. Proof of net earnings must be furnished to the Displacing Agency
through income tax returns, certified financial statements, or other reasonable evidence which the
Displacing Agency determines is satisfactory.
For a qualified non - profit organization, gross earnings may include membership fees, class fees, cash
donations, tithes and receipts from sales or other forms of fund collection that enables the non -profit
organization to operate. Administrative expenses are those for administrative support such as rent,
utilities, salaries, advertising and other like items as well as fund raising expenses. Operating
expenses for carrying out the purposes of the non - profit organization are not included in
administrative expenses. The monetary receipts and expense amounts may be verified with certified
financial statements or financial documents required by publicagencies.
55F -43
The Displacing Agency will inform you as to your eligibility for this payment option and the
documentation you must submit to support your claim. Remember, when you elect to take this
payment option you are not entitled to reimbursement for any other moving expenses, i.e. Option A
described above.
11. I Own an Outdoor Advertising Display. What Relocation Payment Will I 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
Displacing Agency, less the proceeds from its sale, or (2) the estimated cost of moving the sign
without temporary storage. The Displacing Agency will inform you as to the exact costs that may be
reimbursed.
12. How do I Receive a Relocation Payment?
You must file a claim for a relocation payment. The Displacing Agency's relocation agent 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 a security deposit if you
lease your new location), discuss your financial needs with the Displacing Agency. You may be able
to 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 Displacing 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.
13. Non - Discrimination
No person shall on the grounds of race, color, national origin or sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's
relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the
Civil Rights Act of 1968, and other applicable state and federal anti - discrimination laws. You may file
a complaint if you believe you have been subjected to discrimination. For details contact the
Displacing Agency.
14. Appeals
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized
by the Displacing Agency's Relocation Assistance Program may have the appeal application reviewed
55F -44
by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal
procedures are available upon request from the Displacing Agency.
15. Tax Status of Relocation Benefits
California Government Code Section 7269 indicates no relocation payment received shall be
considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with
Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax
law, Part it (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code.
Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment
received under this part (Part 24) shall be considered as income for the purpose of the Internal
Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The
preceding statement is not tendered as legal advice in regard to tax consequences, and displacees
should consult with their own tax advisor or legal counsel to determine the current status of such
payments.
(IRS Circular230 disclosure: To ensure compliance with requirements imposedbytheIRS, weinform
you that any tax advice contained in this communication (including any attachments) was not
intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax - related
penalties under the Internal Revenue Code or (ii) promoting marketing orrecommending to another
parry anymatters addressedherein)
16. Lawful Presence Requirement
Pursuant to the Public Law 105 -117, in order to be eligible to receive non - residential relocation
benefits in federally- funded projects, in the case of an unincorporated business, each owner must be
either a citizen or national of the United States, or an alien who is lawfully present in the United
States. 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 within the United States. Owners of sole
proprietorships or partnerships, who are not lawfully present in the United States, or who decline to
provide this information, are not eligible for relocation assistance, unless such ineligibility would
result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of
whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual
hardship is defined as significant and demonstrable adverse impact on the health or safety,
continued existence of the family unit, and any other impact determined by the Displacing Agency to
negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the
number of owners with certified lawful presence in the United States.
17. Additional Information
If you have further questions after reading this brochure, please contact the Displacing Agency's
relocation agent at Overland, Pacific & Cutler, Inc.
55F -45
Displacing Agency:
AMCAL Multi- Housing, Inc.
Project Name:
First Street Apartments Project
Displacing Agency Representative:
Overland, Pacific & Cutler, Inc.
3750 Schaufele Avenue, Suite 150
Long Beach, CA 90808
Phone: 1- 800 - 400 -7356
Informational Statement Content:
1. General Information
2. Assistance In Locating A Replacement Dwelling
3. Moving Benefits
4. Replacement Housing Payment - Tenants And Certain Others
5. Section 8 Tenants
6. Replacement Housing Payment — Homeowners
7. Qualification For And Filing Of Relocation Claims
8. Last Resort Housing Assistance
9. Rental Agreement
10. Evictions
11. Appeal Procedures —Grievance
12.Tax Status of Relocation Benefits
13. Legal Presence Requirement
14. Non - Discrimination and Fair Housing
15. Additional Information And Assistance Available
Spanish speaking agents are available. Si necesita esta information en esparhol, por favor llame a su agente.
55F -46
Informational Statement for Families and Individuals
(Federal)
The dwelling in which you now live is in a project area to be improved by, or financed through, the
Displacing Agency using federal funds. If and when the project proceeds, and it is necessary for you
to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely
manner as to the date by which you must move. Please read this information, as it will be helpful to
you in determining your eligibility and the amount of the relocation benefits you may receive under
the federal law. You will need to provide adequate and timely information to determine your
relocation benefits. The information is voluntary, but if you don't provide it, you may not receive the
benefits or it may take longer to pay you. We suggest you save this informational statement for
reference.
The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc.
(OPQ to provide relocation assistance to you. The firm is available to explain the program and
benefits. Their address and telephone number is listed on the cover.
PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR
DWELLING. However, if you desire to move sooner than required, you must contact your
representative with Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a
general informational brochure only, and is not intended to give a detailed description of either the
law or regulations pertaining to the Displacing Agency's relocation assistance program.
Please continue to pay your rent to your current landlord, otherwise you may be evicted
and jeopardize the relocation benefits to which you may be entitled to receive. Once the
Displacing Agency acquires the property, you will also be required to pay rent to the
Displacing Agency.
2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING
The Displacing Agency, through its representatives, will assist you in locating a comparable
replacement dwelling by providing referrals to appropriate and available housing units. You are
encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has
been found, your relocation agent 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.
FM Z II-ITJ 10 �
If you must move as a result of displacement by the Displacing Agency, you will receive a payment
to assist in moving your personal property. The actual, reasonable and necessary expenses for
moving your household belongings may be determined based on the following methods:
55F -47
A Fixed Moving Payment based on the number of rooms you occupy (see below); or
A payment for your Actual Reasonable Moving and Related Expenses based on at least
two written estimates and receipted bills; or
A combination of both (in some cases).
For example, you may choose a Self -Move, receiving a payment based on the Fixed Residential
Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand
piano and /or other items that require special handling. In this case, there may be an adjustment in
the number of rooms which qualify under the Fixed Residential Moving Cost Schedule.
A. Fixed Moving Payment (Self -Move)
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 Displacing Agency, and ranges, for
example, from $450.00 for one furnished room to
$2,365.00 for eight rooms in an unfurnished dwelling.
(For details see the table). Your relocation agent will
inform you of the amount you are eligible to receive, if
you choose this type of payment.
If you select a fixed payment, you will be responsible
for arranging for your own move, and the Displacing
Agency will assume no liability for any loss or damage
of your personal property. A fixed payment also
includes utility hook -ups and other related moving fees.
B. Actual Moving Expense (Commercial Move)
Fixed Moving Schedule
CALIFORNIAN Effective 2412.
Occupant Owns Furniture:
1 room
$725
2 rooms
$930
3 rooms
$1,165
4 rooms
$1,375
5 rooms
$1,665
6 rooms
$1,925
7 rooms
$2,215
8 rooms
$2,505
Each additional room
265
Occupant does NOT Own
Furniture:
1 room
$475
Each additional room
$90
If you wish to engage the services of a licensed commercial mover and have the Displacing
Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to
50 miles. Your relocation agent will inform you of the number of competitive moving bids (if
any) which may be required, and assist you in developing a "mover" scope of services for
Displacing Agency approval.
You may be eligible for a payment up to $5,250.00 to assist in renting or purchasing a comparable
replacement dwelling. In order to qualify, you must either be a tenant who has occupied the present
dwelling for at least 90 days immediately prior to the initiation of negotiations or an owner who has
occupied the present dwelling between 90 and 180 days immediately prior to the initiation of
negotiations.
A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental
assistance benefits will be based upon the difference over a forty -two (42) month period between
the rent you must pay for a comparable replacement dwelling and the lesser of your current rent
or thirty percent (30 %) of your monthly household income if your total gross income is classified
as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual
Survey of Income Limits for Public Housing and Section 8 Programs. You will be required to
provide your relocation agent with monthly rent and household income verification prior to the
determination of your eligibility for this payment.
55F -48
WIM
B. Down - payment Assistance. If you qualify, and wish to purchase a home as a replacement
dwelling, you can apply up to the total amount of your rental assistance payment towards the
down - payment and non - recurring incidental expenses. Your relocation agent will clarify
procedures necessary to apply for this payment.
When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In
such cases, a comparable replacement dwelling will be determined based on your family composition
at the time of displacement and the current housing program criteria. This may not be the size of the
unit you currently occupy. Your relocation agent will provide counseling and other advisory services
along with moving benefits.
A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 180
days prior to the initiation of negotiation, you may be eligible to receive a payment of up to
$22,500.00 to assist you in purchasing a comparable replacement unit. This payment is intended
to cover the following items:
1. Purchase Price Differential - An amount which, when added to the amount for which the
Displacing Agency purchased your property, equals the lesser of the actual cost of your
replacement dwelling; or the amount determined by the Displacing Agency as necessary to
purchase a comparable replacement dwelling. Your relocation agent 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 agent will explain limiting
conditions.
3. Incidental Expenses - Those one time incidental costs related to purchasing a replacement
unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as
prepaid taxes and insurance premiums are not compensable.
B. Rental Assistance Option - If you are an owner - occupant and choose to rent rather than
purchase a replacement dwelling, you may be eligible for a rental assistance payment of up
to the amount that you could have received under the Purchase Price Differential, explained
above. The payment will be based on the difference between the fair market rent of the
dwelling you occupy and the rent you must pay for a comparable replacement dwelling.
If you receive a rental assistance payment, as described above, and later decide to purchase a
replacement dwelling, you may apply for a payment equal to the amount you would have
received if you had initially purchased a comparable replacement dwelling, less the amount you
have already received as a rental assistance payment.
To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable
replacement unit within one year from the following:
55F -49
• For a tenant, the date you move from the displacement dwelling.
• For an owner - occupant, the latter of:
a. 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
b. The date the Displacing Agency fulfills its obligation to make available comparable
replacement dwellings.
All claims for relocation benefits must be filed with the Displacing 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.
8. -AST RESORT HOUSING ASSISTANCE
If comparable replacement dwellings are not available when you are required to move, or if
replacement housing is not available within the monetary limits described above, the Displacing
Agency will provide Last Resort Housing assistance to enable you to rent or purchase a replacement
dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of
the displaced person. Your relocation agent will explain the process for determining whether or not
you qualify for Last Resort assistance.
If you are a tenant, and you choose to purchase rather than rent a comparable replacement
dwelling, the entire amount of your rental assistance and Last Resort eligibility must be applied
toward the down - payment and eligible incidental expenses of the home you intend to purchase.
9 RENTAL AGREEMENT
As a result of the Displacing Agency's action to purchase the property where you live, you may
become a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental
agreement which will specify the monthly rent to be paid, when rent payments are due, where they
are to be paid and other pertinent information.
10. EVICTIONS
Eviction for cause must conform to applicable State and local law. Any person who occupies the real
property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be
entitled to relocation benefits, unless the Displacing Agency determines that:
• The person received an eviction notice prior to the initiation of negotiations and, as a result,
was later evicted; or
• The person is evicted after the initiation of negotiations for serious or repeated violation of
material terms of the lease; and
• The eviction was not undertaken for the purpose of evading relocation assistance regulations.
Except for the causes of eviction set forth above, no person lawfully occupying property to be
purchased by the Displacing Agency will be required to move without having been provided with at
least 90 days written notice from the Displacing Agency.
APPEAL PROCEDURES -GRIEVANCE
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized
by the Displacing Agency's Relocation Assistance Program may have the appeal application reviewed
55F -50
by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal
procedures are available upon request from the Displacing Agency.
12. TAX STATUS OF RELOCATION BENEFITS
California Government Code Section 7269 indicates no relocation payment received shall be
considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with
Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax
law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code.
Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment
received under this part (Part 24) shall be considered as income for the purpose of the Internal
Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The
preceding statement is not tendered as legal advice in regard to tax consequences, and displacees
should consult with their own tax advisor or legal counsel to determine the current status of such
payments.
(IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that
any tax advice contained in this communication (including any attachments) was not intended or written to be
used and cannot be used for the purpose of (i) avoiding tax - related penalties under the Internal Revenue
Code or (ii) promoting marketing or recommending to another party any matters addressedherein)
13. LAWFUL PRESENCE REQUIREMENT
In order to be eligible to receive relocation benefits in federally- funded relocation projects, all
members of the household to be displaced must provide information regarding their lawful presence
in the United States. Any member of the household who is not lawfully present in the United States
or declines to provide this information may be denied relocation benefits, unless such ineligibility
would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child,
any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely
unusual hardship is defined as significant and demonstrable adverse impact on the health or safety,
continued existence of the family unit, and any other impact determined by the Displacing Agency to
negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the
number of household members with certified lawful presence in the US.
14. NON - DISCRIMINATION AND FAIR HOUSING
No person shall on the grounds of race, color, national origin or sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's
relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the
Civil Rights Act of 1968, and other applicable state and federal anti - discrimination and fair housing
laws. You may file a complaint if you believe you have been subjected to discrimination. For details
contact the Displacing Agency.
L5_ 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 agent at Overland, Pacific &Cutler.
55F -51
EXHIBIT C
GENERAL INFORMATION NOTICE
55F -52
General Information Notice — Non - residential
January 26, 2015
<<NAME>>
«BUSINESS /ORGANIZATION NAME>>
1440 E. First Street, Suite _
Santa Ana, CA 92701
Dear <<NAME >>:
AMCAL Multi- Housing, Inc. (called here the "Developer') is interested in acquiring the property
you currently occupy at 1440 E. First Street, Santa Ana, CA 92701 for the construction of a new
apartment building (called here the "Project"). This notice is to inform you of your rights under
Federal and State law. If the Developer acquires the property, and you are displaced for the Project,
you will be eligible for relocation assistance under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA), as amended and California Relocation Assistance Law
(Sec 7260 et. seq. of the CA Government Code.
However, you do not have to move now.
This is DQLa notice to vacate the premises or a notice of relocation eligibility.
If you rent or lease your unit, you should continue to pay your monthly rent to your landlord ,
because failure to pay rent and meet your obligations as a tenant may be cause for eviction and loss
of relocation assistance. You are urged not to move or sign any agreement to purchase or lease a
unit before receiving formal notice of eligibility for relocation assistance. If you move or are evicted
before receiving such notice, you will not be eligible to receive relocation assistance. Please contact
us before you make any moving plans.
If the Developer acquires the property and you are eligible for relocation assistance, you will be
given advisory services, including referrals to replacement sites, and at least 90 days advance written
notice of the date you will be required to move. You would also receive either a payment for actual
moving and reestablishment expenses, or, a fixed payment in lieu of a payment for actual moving
and reestablishment expenses.
Pursuant to the Public Law 105 -117, in order to be eligible to receive non - residential relocation
benefits in federally- funded projects, in the case of an unincorporated business, each owner must be
either a citizen or national of the United States, or an alien who is lawfully present in the United
States. 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 within the United States. Owners of sole
proprietorships or partnerships, who are not lawfully present in the United States, or who decline to
provide this information, are not eligible for relocation assistance, unless such eligibility would result
in exceptional hardship to a qualifying spouse, parent, or child. Relocation benefits will be prorated
to reflect the number of owners with certified lawful presence in the United States.
55F -53
Again, this is not a notice to vacate and does not establish eligibility for relocation payments or other
relocation assistance. If the Developer decides not to purchase the property, you will be notified in
writing.
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized
by the Developer's Relocation Assistance Program may have the appeal application reviewed by the
Developer in accordance with its appeals procedure. Complete details on appeal procedures are
available upon request from the Developer.
If you have any questions about this or any other relocation issues, please contact me at the address
and the phone number below.
Sincerely,
Mario Turner
Vice President of Development
AMCAL Multi-Housing, Inc.
2082 Michelson Drive, Suite 306
Irvine, CA 92612
(949) 863 -9408
Received by
Recipient's Signature
Date
Delivered on /by:
Posted
Mailed /receipt received on: /
55F -54
General Information Notice ReE
August 12, 2015
<<NAME>>
1440 E. First Street, Suite
Santa Ana, CA 92701
Dear <<NAME >>:
AMCAL Multi- Housing, Inc. (called here the "Developer's is interested in acquiring the property
you currently occupy at 1440 E. First Street, Santa Ana, CA 92701 for the construction of a new
apartment building (called here the "Project'O. This notice is to inform you of your rights under
Federal and State law. If the Developer acquires the property, and you are displaced for the Project,
you will be eligible for relocation assistance under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA), as amended and California Relocation Assistance Law
(Sec 7260 et. seq. of the CA Government Code.
However, you do not have to move now.
This is n2La notice to vacate the premises or a notice of relocation eligibility.
If you rent or lease your unit, you should continue to pay your monthly rent to your landlord ,
because failure to pay rent and meet your obligations as a tenant may be cause for eviction and loss
of relocation assistance. You are urged not to move or sign any agreement to purchase or lease a
unit before receiving formal notice of eligibility for relocation assistance. If you move or are evicted
before receiving such notice, you will not be eligible to receive relocation assistance. Please contact
us before you make any moving plans.
If the Developer acquires the property, and you are not qualified to remain in a Project unit, you will
be eligible for relocation assistance. You will be given advisory services, including referrals to
replacement housing, and at least 90 days advance written notice of the date you will be required to
move. You would also receive a payment for moving expenses and may be eligible for financial
assistance to help you rent or buy a replacement dwelling.
Note that pursuant to Public Law 105 -117, aliens not lawfully present in the United States are not
eligible for Federally- funded relocation assistance, unless such ineligibility would result in exceptional
hardship to a qualifying spouse, parent, or child. All persons seeking relocation assistance will be
required to certify that they are a United States citizen or national, or an alien lawfully present in the
United States.
Again, this is not a notice to vacate and does not establish eligibility for relocation payments or other
relocation assistance. If the Developer decides not to purchase the property, you will be notified in
writing.
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized
by the Developer's Relocation Assistance Program may have the appeal application reviewed by the
Developer in accordance with its appeals procedure. Complete details on appeal procedures are
available upon request from the Developer.
55F -55
If you have any questions about this or any other relocation issues, please contact me at the address
and the phone number below.
Sincerely,
Mario Turner
Vice President of Development
AMCAL Multi- Housing, Inc.
2082 Michelson Drive, Suite 306
Irvine, CA 92612
(949) 863 -9408
Received by
Recipient's Signature
Date
Delivered
Posted on /by:
Mailed /receipt received on: J.
55F -56
EXHIBIT D
PUBLIC COMMENTS & RESPONSES
All project occupants received a copy of the draft Relocation Plan with an Advisory Notice on
November 18, 2015 describing the public review and continent period and providing an address to
send written comments and a phone number to call for verbal comments or questions.
There were no public comments received during the 30 -day public review and comment period
between Thursday, November 19, 2015 and Friday, December 18, 2015.
55F -57
55F -58
ROH — 06/07/16
RESOLUTION NO.2016 -xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE RELOCATION PLAN FOR
RESIDENTIAL PROPERTY LOCATED AT 1440 E. FIRST
STREET
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. On April 19, 2016, the City Council approved a proposal with AMCAL
Multi - Housing, Inc. (Developer) for the award of inclusionary housing in-
lieu fees for an affordable housing project called the First Street
Apartments (Project) located at 1440 E. First Street, and approved a
conditional loan commitment letter that will be contingent on the City's
actual receipt of the in -lieu fee payments from Heritage Village OC, LLC.
The Project will be an affordable housing project that will provide 69
affordable units, as well as a community room and amenity spaces.
B. Based on California Law, when State funds are provided to a project
which would lead to the displacement of people from their homes and /or
businesses, the legislative body must approve a relocation plan with state
funds.
C. The First Street Apartments Project Relocation Plan (Relocation Plan) 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.
D. This plan is required due to the necessary demolition of the existing
structures. All current Project occupants will need to be permanently
relocated. The needs and characteristics of the displaced population,
available relocation resources, and the Developer's program to provide
assistance to each affected person are general subjects of the Relocation
Plan, The Developer is utilizing Overland, Pacific & Cutler, Inc. as its
relocation consultant for the Relocation Plan and services. The Relocation
Plan was completed on December 18, 2015.
E. Current occupants that will need permanent relocation are ten (10) known
commercial businesses and one household as a result of the Project.
Exhibit 3
Resolution No. 2016-
55F -59
There is also a cell tower on the site. All occupants have been interviewed
and provided informational notices of the Relocation Plan in accordance
with State and Federal requirements. All project occupants received a
copy of the draft Relocation Plan with an Advisory Notice on November
18, 2015 describing the public review and public comment period and
providing an address to send written comments and a phone number to
call for verbal comments or questions. There were no public comments
received during the 30 -day public review and comment period between
November 19, 2015 and December 18, 2015. Furthermore, all occupants
will be provided relocation assistance, including advisory services, moving
costs, and re- establishment services provided by the Developer and its
relocation consultant.
Section 2: The City Council hereby approves the Relocation Plan for the
residential Property located at the aforementioned address, and the establishment of an
account in accordance with state mandates for the payment of relocation benefits to the
displaced households.
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 , 2016.
Miguel Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: k
Jor- Ryan O. Hodge
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
Resolution No. 2016-
55F -60
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2016- 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
55F -61
Resolution No. 2016-
55F -62