HomeMy WebLinkAboutItem 25 - Tenant Relocation Plan for 206 and 208 S Flower Street Public Works Agency
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Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: Tenant Relocation Plan for 206 and 208 S Flower Street
AGENDA TITLE
Adopt a Resolution to Approve the Tenant Relocation Plan for the Acquisition of Real
Property at 206 and 208 South Flower Street
RECOMMENDED ACTION
Adopt a resolution to approve the Tenant Relocation Plan for the Public Works Agency’s
Water Resources Division acquisition of real property located at Assessor’s Parcel
Number 008-213-31 (206 and 208 South Flower Street).
DISCUSSION
On October 4, 2022, the City Council approved the acquisition of Assessor’s Parcel
Number 008-213-31, real property that includes 206 and 208 South Flower Street, for
the development of a new water well site, which included up to $250,000 for relocation
costs.
Pursuant to California Government Code, a public entity is required to adopt a
relocation plan by resolution whenever it enters into an agreement for acquisition of real
property, which would lead to the displacement of people from their homes. In
conformance with applicable provisions of California Relocation Assistance Law and
Relocation Guidelines and the Uniform Relocation and Real Property Acquisition
Policies Act of 1970, the “206 S. Flower Acquisition and Relocation” Relocation Plan
(Exhibit 1) was prepared to outline the level of advisory and financial assistance that will
be provided. Based on the needs assessment conducted by the consultant, the total
estimated relocation cost, including a 20% contingency, is $172,000.
The occupants of the property have been interviewed and provided informational
notices of the Relocation Plan in accordance with state and federal requirements. The
occupants have also been notified of this item being heard at the April 4, 2023 City
Council meeting, and a copy of the Relocation Plan was provided to them for their
review.
The Draft Relocation Plan was made available for public review for 30 days beginning
February 28, 2023. The resolution (Exhibit 2) will approve the Relocation Plan and
authorize the City to begin demolition of the existing buildings and development of the
water well project.
Tenant Relocation Plan for 206 and 208 S Flower Street
April 4, 2023
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FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Relocation Plan
2. Resolution
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
206 S. Flower Acquisition and Relocation
RELOCATION PLAN
Prepared for:
City of Santa Ana
Santa Ana, CA
Prepared by:
Overland, Pacific & Cutler, a division of TranSystems, Inc.
Long Beach, CA
December 2022
TABLE OF CONTENTS
INTRODUCTION .......................................................................................................................... 1
I. PROJECT DESCRIPTION ..................................................................................................... 2
A. PROPERTY LOCATION ................................................................................................ 2
B. PROJECT SITE LOCATION AND DESCRIPTION ..................................................... 3
C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS ....................... 5
II. ASSESSMENT OF RELOCATION NEEDS ..................................................................... 6
A. SURVEY METHOD ........................................................................................................ 6
B. HOUSEHOLD DATA ..................................................................................................... 6
III. RELOCATION RESOURCES ............................................................................................ 8
A. METHODOLOGY ........................................................................................................... 8
B. REPLACEMENT HOUSING AVAILABILITY ............................................................ 8
C. RELATED ISSUES ......................................................................................................... 9
IV. THE RELOCATION PROGRAM .................................................................................... 10
A. ADVISORY ASSISTANCE .......................................................................................... 10
B. RELOCATION BENEFITS ........................................................................................... 12
C. PROGRAM ASSURANCES AND STANDARDS ...................................................... 16
D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION
BENEFITS ..................................................................................................................... 16
E. LAST RESORT HOUSING ........................................................................................... 17
F. RELOCATION TAX CONSEQUENCES ..................................................................... 17
V. ADMINISTRATIVE PROVISIONS ................................................................................. 18
A. NOTICES ....................................................................................................................... 18
B. PRIVACY OF RECORDS ............................................................................................. 19
C. GRIEVANCE PROCEDURES ...................................................................................... 19
D. EVICTION POLICY ...................................................................................................... 19
E. CITIZEN PARTICIPATION ......................................................................................... 20
F. PROJECTED DATE OF DISPLACEMENT ................................................................. 20
G. ESTIMATED RELOCATION COSTS ......................................................................... 20
EXHIBIT A: HUD INCOME LIMITS – ORANGE COUNTY .................................................. 23
EXHIBIT B: NOTICES AND RESIDENTIAL INFORMATIONAL BROCHURE .................. 24
EXHIBIT C: PUBLIC COMMENTS & RESPONSES................................................................ 39
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INTRODUCTION
The City of Santa Ana (“City”) plans to acquire one parcel containing a duplex building and
demolish the existing residential units in order to facilitate the installation of a new ground water
well at the site (“Project”). The addresses of the residential units are 206 and 208 South Flower
Street, Santa Ana, CA 92703 (“Properties” or “Site”). Both of the residential units are tenant-
occupied and are one-bedroom, one-bath units.
The two households occupying the Properties will be permanently displaced as a result of the
acquisition and proposed Project. The occupied Properties and the displaced occupants are the
subject of this Relocation Plan (“Plan”). All existing occupants will be permanently relocated to
facilitate the proposed Project.
The City has retained Overland, Pacific & Cutler, a division of TranSystems, Inc. (“OPC”) to
prepare the Relocation Plan and to provide relocation assistance to the households to be displaced.
The City is utilizing local funds from the City of Santa Ana Water Services Department.
The use of local funds from the City of Santa Ana triggers the requirements of the California
Relocation Assistance Law, Government Code Section 7260, et seq. (“CRAL”) and the Relocation
Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and
Community Development as in Title 25, California Code of Regulations Section 6000, et seq.
(“Guidelines”). This Plan conforms to both the CRAL and the Guidelines.
As of the date of this Plan, the Project is expected to cause the permanent displacement of two
tenant-occupant households that are eligible for relocation assistance. The needs and
characteristics of the permanent displacees and the City’s program to provide assistance to each
affected person are general subjects of this Relocation Plan (Plan).
This Plan is organized in five sections:
1. Project description (SECTION I);
2. Assessment of the relocation needs of persons subject to displacement (SECTION II);
3. Assessment of available replacement housing units within proximity to the Project site
(SECTION III);
4. Description of the City’s relocation program (SECTION IV);
5. Description of the City’s outreach efforts, Project timeline and budget (SECTION V).
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I. PROJECT DESCRIPTION
A. PROPERTY LOCATION
The Project site is located in Santa Ana, CA within Orange County. The Properties are located
southeast of Interstate Highway 5 in Santa Ana, approximately 4 miles south of Orange. Nearby
communities include Tustin, Orange, Fountain Valley, Anaheim, Garden Grove, Costa Mesa, and
Irvine (Figure 1 – Project Location).
Figure 1: Project Location
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B. PROJECT SITE LOCATION AND DESCRIPTION
The Project Site is located near the intersection of South Flower Street and West First Street,
directly across the street from Santa Ana High School. (Figure 2: Project Site Location). The
Site is located less than a mile west of the Downtown Santa Ana Historic District, in a primarily
residential area, with commercial uses located along West First Street. Other nearby points of
interest include Angels Community Park, City Hall of Santa Ana, Santa Ana Courthouse, Orange
County Healthcare Agency, Santa Ana Public Library, and Birch Park. The Properties are served
by Orange County Transit Authority bus routes 64 and 150, with stops for routes 53, 55, 57, and
553 located within a one-mile radius of the site. Both units are occupied with households eligible
for relocation assistance.
Figure 2: Project Site Location
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Figure 3: Property Photos (Left: 206 S. Flower St., Right: 208 S. Flower St.)
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C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS
According to the U.S, Census Bureau American Community Survey (ACS) 2021 5-Year
Estimates, the population of Orange County is approximately 3,182,923 and the population of
Santa Ana is 313,818 (see Table 1). Corresponding ACS data concerning race and ethnicity is
shown in Table 1, and ACS housing data is shown in Table 2.
TABLE 1: 2021 ACS 5 Year Estimate Population Data – City of Santa Ana and Orange County
Population Santa Ana % Orange County %
Total Population 313,818 100.0% 3,182,923 100.0%
White (not Hispanic or Latino) 29,664 9.5% 1,242,725 39.0%
Black or African American (not Hispanic
or Latino)
2,673 0.9% 50,161 1.6%
American Indian or Alaska Native 350 0.1% 4,423 0.1%
Asian 37,056 11.8% 672,015 21.1%
Native Hawaiian or Other Pacific Islander 501 0.2% 8,073 0.3%
Some Other Race 377 0.1% 9,744 0.3%
Two or More Races 2,428 0.8% 112,689 3.5%
Hispanic or Latino (of Any Race) 240,769 76.7% 1,083,923 34.1%
Source: U.S. Census Bureau, American Community Survey 5-Year Estimates Table DP05: 2021
TABLE 2: 2021 ACS 5 Year Estimate Housing Data – City of Santa Ana and Orange County
Type Santa Ana % Orange County %
Total Housing Units 79,179 100.0% 1,121,753 100.0%
Total Occupied Units 76,624 96.8% 1,057,592 94.3%
Owner-Occupied 35,029 45.7% 602,440 57.0%
Renter-Occupied 41,595 54.3% 455,152 43.0%
Vacant Housing Units 2,555 3.2% 64,161 5.7%
Source: U.S. Census Bureau, American Community Survey 5-Year Estimates Table DP04: 2021
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II. ASSESSMENT OF RELOCATION NEEDS
A. SURVEY METHOD
Individual interviews with the affected households were conducted by OPC staff in October 2022.
Both households have been interviewed. Inquiries made of the residential occupants interviewed
concerned household size and composition, income, existing mortgages on the property, length of
occupancy, ethnicity, home language, physical disabilities, special relocation needs, and
replacement housing preferences.
B. HOUSEHOLD DATA
1. Current Occupants
There are two tenant-occupant households to be permanently relocated for the Project that may be
eligible for relocation assistance and are the subjects of this Plan. The households consist of 6
adults and 1 child (17 years or younger) on-site for a total of 7 persons.
2. Replacement Housing Needs
Replacement housing needs, as expressed in this plan, are defined by the total number of required
replacement units and distribution of those units by bedroom size. The projected number of
required units by bedroom size is calculated by comparing current data for household size with the
City’s replacement housing occupancy standards. These standards, generally, allow for up to one
person in a studio unit, two persons in a one-bedroom unit, four persons in a two-bedroom unit,
six persons in a three-bedroom unit and nine or more persons in a four-bedroom unit.
Based on available household data, both of the units is overcrowded. The replacement units
required for the current population include two two-bedroom low-density residential unit for rent.
A low-density residential unit includes single-family homes, duplexes, triplexes, and fourplexes,
along with duplex-style residential communities.
3. Income
Verbal income data was provided by four of the interviewed households. According to HUD
income standards for Orange County (Exhibit A) adjusted for family size, both households qualify
as Very Low income (31% - 50% of AMI).
4. Ethnicity/Language
Both of the interviewed households are made up of Hispanic or Latino/a occupants. Both
households communicate primarily in Spanish and will require translation.
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5. Senior/Handicapped Households
One of the households has a senior occupant aged 62 or older. No households reported having an
occupant with a disability, but the senior occupant does have a health condition that may require
accommodation in the relocation process. Appropriate steps will be taken to accommodate
mobility challenges when considering potential replacement housing options.
6. Preferred Relocation Area
All of the interviewed households indicated a desire to stay in Santa Ana or the surrounding area.
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III. RELOCATION RESOURCES
A. METHODOLOGY
For residential housing, a resource survey was conducted using Apartments.com, Craigslist, and
similar online resources to identify comparable units for rent near the Properties.
B. REPLACEMENT HOUSING AVAILABILITY
1. Residential Replacement Housing
The replacement housing survey considered available two-bedroom units for rent in Santa Ana
and expanding to surrounding communities within Orange County as of the date of this Plan. The
survey identified 22 two-bedroom homes within 5 miles of the Properties. This data is summarized
in Table 3 below.
Table 3: Availability and Cost of Replacement Housing
2 Bedroom
# Found 22
Rent Range $2,293-$3,200
Median Rent $2,600
The median listing amount 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 displacement.
Listings identified are located in Santa Ana and neighboring cities within 5 miles of the Site in the
surrounding communities of Tustin, Orange, and Fountain Valley.
2. Summary
Considering the above-described availability of replacement housing resources gathered, it appears
there should be an adequate number of comparable replacement units for the residential occupants,
and the households should be able to remain within Santa Ana.
Adequate replacement resources exist for the households, but the comparable units are priced
significantly higher than the Properties, primarily due to the age and condition of the Properties.
The current rent being charged for the Properties ranges from $810 to $830 and comparable rents
do not exist in the area or surrounding communities. Due to the higher price of the comparable
units compared to the appraised values, it is expected that Last Resort Housing payments will be
necessary, as the rental assistance differential payments required will be greater than $5,250 (See
Section IV, E).
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C. RELATED ISSUES
1. Concurrent Residential Displacement
There are no known public projects anticipated in the Project area that will cause significant
displacements during the timeframe of anticipated Project displacements. No residential displacee
will be required to move without both adequate notice and access to available, comparable,
affordable, decent, safe and sanitary housing.
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IV. THE RELOCATION PROGRAM
The City’s Relocation Program is designed to minimize hardship, be responsive to unique Project
circumstances, emphasize maintaining personal contact with all affected individuals, consistently
apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all
applicable requirements. The relocation program to be implemented by the City will conform with
the standards and provisions of the Law and Guidelines identified previously.
The City has retained OPC, an experienced consulting firm, to administer the Relocation Program
for the permanent displacees. OPC has worked on more than 50,000 public acquisition and
relocation projects for 40 years. Experienced City staff will monitor the performance of OPC and
be responsible to approve or disapprove OPC recommendations concerning eligibility and benefit
determinations and interpretations of City’s policy.
OPC staff will be available to assist any relocated person and/or household with questions about
the relocation process, relocation counseling and/or assistance in relocating. Relocation staff can
be contacted at (562) 354-2451 or toll-free at (800) 400-7356 from 8:00 am to 5:00 pm Monday
through Friday and are available via voicemail and/or cellular phones after hours. The Relocation
Office is located at 5000 Airport Plaza Dr. Suite 250, Long Beach, CA 90815.
Eligible individuals, who need to permanently move from their existing home, will receive
relocation assistance. The relocation program consists of two principal components: advisory
assistance and financial assistance (Relocation Benefits).
A. ADVISORY ASSISTANCE
Advisory assistance services are intended to:
• Inform displacees about the relocation program;
• Help in the process of finding appropriate replacement accommodations;
• Facilitate claims processing;
• Maintain a communication link with the City;
• Coordinate the involvement of outside service providers.
To follow through on the advisory assistance component of the relocation program and assure that
the City meets its obligations under the law, OPC staff will perform the following functions:
1. Distribute appropriate written information concerning the City’s relocation
program;
2. Inform eligible project occupants of the nature of, and procedures for, obtaining
available relocation assistance and benefits (See Exhibit B);
3. Determine the needs of each displacee eligible for assistance;
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4. Provide the 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 are 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 of employment.
(c) The unit is available both on the private market and to all persons
regardless of race, color, sex, marital status, religion or, national
origin.
(d) The property is within the financial means of the displaced
residential household.
5. Maintain an updated database of available housing resources, and distribute referral
information to displacees for the duration of the Project;
6. Provide transportation to the residential displacee, if necessary, to inspect
replacement sites within the local area;
7. Inspect replacement housing to assure it meets decent, safe and sanitary standards
as described in State Relocation Regulations;
8. Supply information concerning federal and state programs and other governmental
programs providing assistance to displaced persons;
9. Assist eligible occupants in the preparation, and submission, of relocation
assistance claims;
10. Provide additional reasonable services necessary to successfully relocate
occupants;
11. Make benefit determinations and payments in accordance with applicable law and
the City’s adopted relocation guidelines;
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12. Assure that no occupant is required to move without a minimum of 90 days written
notice to vacate;
13. Inform all persons subject to displacement of the City’s policies with regard to
eviction and property management;
14. Establish and maintain a formal grievance procedure for use by displaced persons
seeking administrative review of the City’s decisions with respect to relocation
assistance; and
15. 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. RELOCATION BENEFITS
Specific eligibility requirements and benefit plans will be detailed on an individual basis with all
displacees. In the course of personal 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 applicable Relocation
Law and Guidelines and City 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 City’s normal administrative procedures.
In the case that a household chooses to rent a replacement dwelling, the City will process advance
payment requests to mitigate hardships for households 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 eligible 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 City 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 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.
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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 or ancillary
structures on the property. In this case, the person to be relocated takes full
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 4 below:
TABLE 4: Schedule of Fixed Moving Payments, State of California (effective
as of 2021)
Unfurnished Dwelling
One room $780
Two rooms $1,000
Three rooms $1,250
Four rooms $1,475
Five rooms $1,790
Six rooms $2,065
Seven rooms $2,380
Eight rooms $2,690
each additional room $285
Furnished Dwelling
First Room $510
Each additional room $100
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1. Rental Assistance for Tenant-Occupants Who Choose to Rent
To be eligible to receive the rental assistance benefits, the displaced tenant household must
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 households may
qualify for, and may be eligible to apply for, relocation benefits under the State
Regulations, including rental assistance.
Except in the case of Last Resort Housing situations, payments to households under the
State Regulations will be payable over a 42-month period and limited to a maximum of
$5,250 as stated under State guidelines. The assistance to be offered within this program is
explained in detail in the informational brochure that will be provided to each household
(Exhibit A).
Table 5 portrays an example of a benefits determination under State Regulations:
TABLE 5: Example Computation of Rental Assistance Payments
1. Old Rent $650 Old Rent and Utilities
or
2. Ability to Pay $700 30% of the Adjusted, Monthly, Gross Household Income*
3. Lesser of lines 1 or 2 $650 Base Monthly Rental
Subtracted From:
4. Actual New Rent $750 Actual New Rent and Utilities
or
5. Comparable Rent $775 Determined by City (includes utilities)
6. Lesser of lines 4 or 5 $750
7. Yields Monthly Need: $100 Subtract line 3 from line 6
Rental Assistance $4,200 Multiply line 7 by 42 months
*Gross adjusted income means the total amount of annual income of a household less the
following: (1) a deduction for each dependent in excess of three; (2) a deduction of 10% of
total income for the elderly or disabled head of household; (3) a deduction for recurring
extraordinary medical expenses defined for this purpose to mean medical expenses in
excess of 3% of total income, where not compensated for, or covered by insurance or other
sources; (4) a deduction of reasonable amounts paid for the care of children or sick or
incapacitate family members when determined to be necessary to employment of head of
household or spouse, except that the amount shall not exceed the amount of income
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received by the person who would not otherwise be able to seek employment in the absence
of such care.
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, as determined by the City; or
(ii) Thirty percent (30%) of the displaced person’s average, monthly gross
household income. 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 and 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
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 under State Regulations toward the purchase of a replacement unit.
Residential tenants, who are otherwise eligible to receive the Rental Assistance Payment
described above, may choose to receive a lump sum payment equal to forty-two months of
rental subsidy (including Last Resort Housing benefits) to purchase a new home.
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 City 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,
ages, length of occupancy and income.
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C. PROGRAM ASSURANCES AND STANDARDS
Adequate funds are available to relocate all displaced households. Relocation assistance services
will be provided to ensure that displacement does not result in different or separate treatment of
households 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.
D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION
BENEFITS
Claims and supporting documentation for relocation benefits must be filed with the City no later
than 18 months from one of the following dates, whichever is later:
The date the household receives 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
The date the household moves from the displacement dwelling.
The procedure for the preparation and filing of claims and the processing and delivery of payments
will be as follows:
1. Claimant(s) will provide all necessary documentation to substantiate eligibility for
assistance;
2. OPC and City staff will review all necessary documentation including, but not
limited to, scopes-of-service, invoices, lease documents and escrow material before
reaching a determination as to which expenses are eligible for compensation;
3. Required claim forms will be prepared by OPC staff and presented to the claimant
for review. Signed claims and supporting documentation will be returned to
relocation staff and submitted to the City;
4. The City will review and approve claims for payment, or request additional
information;
5. The City will issue benefit checks to be disbursed to the claimants via personal
delivery;
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;
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7. Receipts of payment and all claim material will be maintained in the relocation case
file.
E. LAST RESORT HOUSING
Based on data derived from the Project site occupants and costs of replacement housing resources,
it is anticipated that Last Resort Housing will be required in both cases as part of this Project due
to the high cost of housing in the area and low incomes of the households. Last Resort Housing is
required when “comparable replacement housing” may not be available as required for the
households. Specifically, for tenants, when the computed replacement housing assistance
eligibility exceeds $5,250.00, Last Resort Housing will have to be provided.
Therefore, if the Project is to go forward, the City will authorize its funds or funds authorized for
the Project to provide housing of last resort. Funds will be used to make payments in excess of the
monetary limit specified in the statute ($5,250.00); hence, satisfying the requirement that
“comparable replacement housing” is available.
A displaced tenant-occupant household will be entitled to consideration for supplementary benefits
in the form of Last Resort Housing assistance when the computed replacement housing assistance
eligibility exceeds $5,250.00 or when a tenant fails to meet the 90-day occupancy requirement and
comparable replacement housing is not available within the displaced person’s financial means.
F. RELOCATION TAX CONSEQUENCES
In general, relocation payments are not considered income for the purpose of Division 2 of the
Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of
1986 (Title 26, U. S. Code), or for the purpose of determining the eligibility or the 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 Section 17001) of the Revenue and
Taxation Code, or the Bank and Corporation Tax Law, Part II (commencing with Section 23001)
of Division 2 of the Revenue and Taxation Code. The above statement on tax consequences is not
intended as tax advice by the City or OPC. Displacees are responsible for consulting with their
own tax advisors concerning the tax consequences of relocation payments.
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V. ADMINISTRATIVE PROVISIONS
A. NOTICES
Each notice, which the City is required to provide to a Project site 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. 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 to be issued under the State Relocation Regulations:
1) Information Statement
2) Notice of Relocation Eligibility
3) Notice to Vacate
The Informational Statement is intended to provide potential relocatees with a general written
description of the City’s relocation program and basic information concerning benefits, conditions
of eligibility, noticing requirements and appeal rights (Exhibit B).
A Notice of Relocation Eligibility (NOE) will be distributed to each residential relocatee. The
NOE to the residential relocatee contains a determination of eligibility for relocation assistance
and a computation of maximum entitlements based on information provided by the affected
household and the analysis of comparable replacement properties identified by relocation staff.
No lawful occupant will be required to move without having received at least 90 days advance
written notice of the earliest date by which the move will be necessary. The 90-day vacate notice
will 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 60 days in advance, the
specific date of the required move. The 90-day notice will not be issued to any residential displacee
before a comparable replacement dwelling has been made available.
In addition to the three principal notices, OPC 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.
A Reminder Notice will be issued to all non-responsive relocatees no later than within the last six
months prior to the filing expiration date.
206 S. Flower Acquisition and Relocation
Relocation Plan
19
B. PRIVACY OF RECORDS
All information obtained from displacees is considered confidential and will not be shared without
the consent of the displacee or the City. City staff will comply with federal regulations concerning
the safeguarding of relocation files and their contents.
C. GRIEVANCE PROCEDURES
A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount,
the failure to provide comparable housing, or the City’s property management practices may file
a Relocation Assistance Appeal Form or any other written form of appeal with the City and have
the right of administrative review. The City’s appeal policies will follow the standards described
in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing
and Community Development Program guidelines.
Requests for administrative review and informal hearings will be directed to Armando Fernandez,
Senior Civil Engineer. All requests for review will receive written responses from the City within
three weeks of their receipt. If an informal appeal is denied, appellants will be entitled to file a
written request for a formal hearing before an impartial and independent hearing officer.
The appellant does not have to exhaust administrative remedies first; the appeal/grievance can
either go directly to the City or directly to the Court. Any person and/or organization directly
affected by the relocation plan may petition the Department of Housing and Community
Development (HCD), located at 2020 West El Camino Ave., Sacramento, CA 95833 to review
the relocation plan.
More detail concerning the appeals process will be provided upon request. Appellants will retain
their appeal rights for up to 18 months following the date of displacement from the Project
premises or receipt of final payment for relocation benefits, whichever is later.
D. EVICTION POLICY
1. Eviction may 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.
2. Eviction may be undertaken for one, or more of the following reasons, including
under the circumstance of the displacee renting the home back from the City after
the close of escrow:
(a) Failure to pay rent, except in those cases where the failure to pay is due to
the City’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;
206 S. Flower Acquisition and Relocation
Relocation Plan
20
(c) A material breach of the rental agreement, and failure upon notification to
correct said breach within 30 days of Notice;
(d) Maintenance of a nuisance, and failure to abate such nuisance upon
notification within a reasonable time following Notice;
(e) Refusal to accept one of a reasonable number of offers of replacement
dwellings; and/or,
(f) A requirement under State, or local law or emergency circumstances that
cannot be prevented by reasonable efforts on the part of the City.
E. CITIZEN PARTICIPATION
As the process for considering the Project moves forward, the City will observe the following
protocol:
1. Provide affected households 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; including the Project area occupants,
neighborhood groups and community organizations forming a relocation
committee, if applicable;
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 approval; and
5. Include written or oral comments concerning the Plan as an attachment (Exhibit
C) when it is forwarded to the City of Santa Ana for approval.
F. PROJECTED DATE OF DISPLACEMENT
The City anticipates that escrow will close in late January 2023, and the 90 Day Vacate Notices
will be issued to the Project occupants at that time. The 90 Day Vacate Notices are anticipated to
expire in late April 2023.
G. ESTIMATED RELOCATION COSTS
The total budget estimate for relocation-related payments for this Project, including a 20%
contingency, is $172,000.00. This is based on all households qualifying for and receiving Last
Resort Housing payments.
206 S. Flower Acquisition and Relocation
Relocation Plan
21
The estimated relocation budget does not include any payments related to property acquisition. In
addition, the budget does not consider the cost of any services necessary to implement the Plan
and complete the relocation element of the Project.
If the Project is implemented, and circumstances arise that should change either the number of
residential occupants and/or the amount of relocation benefits’ entitlements estimated, the City
will authorize any additional funds that may need to be appropriated. The City pledges to
appropriate, on a timely basis, the funds necessary to ensure the successful completion of the
Project, including funds necessary for LRH as indicated in Section IV, E, of this Plan to meet its
obligation under the relocation regulations
EXHIBIT A: HUD INCOME LIMITS – ORANGE COUNTY
The following figures are approved by the U. S. Department of Housing and Urban Development
(HUD) and published by HCD for use in Orange County to define and determine housing eligibility
by income level.
Area Median Income:
$119,100
(Based on 4 Persons)
2 Persons 3 Persons 4 Persons 5 Persons
Extremely
Low 32,550 36,600 40,650 43,950
Very Low 54,200 61,000 67,750 73,200
Low Income 86,750 97,600 108,400 117,100
Median
Income 95,300 107,200 119,100 128,650
Moderate
Income 114,300 128,600 142,900 154,350
Figures are per the Department of Housing and Urban Development (California), updated in April
2022.
EXHIBIT B: NOTICES AND RESIDENTIAL INFORMATIONAL
BROCHURE
Relocation Assistance
Informational Statement
for Families and Individuals
(CA State)
Displacing Agency:
City of Santa Ana
Project Name:
206 S. Flower Acquisition and Relocation
Displacing Agency Representative:
Overland, Pacific & Cutler, LLC
2750 Schaufele Ave. Suite 150
Long Beach, CA 90808
949-307-1323
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. Non-Discrimination and Fair Housing
14. Additional Information And Assistance Available
Spanish speaking agents are available. Si necesita esta información en español, por favor llame a su agente.
Informational Statement for Families and Individuals
(CA State)
1. GENERAL INFORMATION
The dwelling in which you now live is in a project area to be improved by, or financed through, the
Displacing Agency using state and/or local 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 state 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, LLC (OPC)
to provide relocation assistance to you. The firm is available to explain the program and benefits. Their
address and telephone number are 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 agent at
OPC, 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.
3. MOVING BENEFITS
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:
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 $475.00 for one furnished
room to $2,505.00 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 (Professional Move)
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.
4. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS
You may be eligible for a payment of up to $5,250.00 to assist you in renting or purchasing a
comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied
the present dwelling for at least 90 days prior to the initiation of negotiations or an owner who has
occupied the present dwelling between 90 and 180 days prior to the initiation of negotiations.
A. Rental Assistance. If you qualify, and 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 and estimated utilities or thirty percent (30%) of your gross monthly household
income. 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.
- OR -
B. Down-payment Assistance. If you qualify and wish to purchase a home as a replacement
dwelling, you can apply up to the total amount of your rental assistance payment towards the
down-payment and non-recurring incidental expenses. Your relocation agent will clarify procedures
necessary to apply for this payment.
Fixed Moving Schedule
CALIFORNIA (Effective 2021)
Occupant Owns Furniture:
1 room $780
2 rooms $1,000
3 rooms $1,250
4 rooms $1,475
5 rooms $1,790
6 rooms $2,065
7 rooms $2,380
8 rooms $2,690
Each additional room $285
Occupant does NOT Own
Furniture:
1 room $510
Each additional room $100
Where a tenant is sharing a dwelling with an owner-occupant and paying the owner-occupant rent for
the privilege, the tenant shall not be entitled to more than one-half of the rental assistance otherwise
payable.
5. SECTION 8 TENANTS
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.
6. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS
7.If you own and occupy a dwelling to be purchased by the Displacing Agency for at
least 180 days prior to the initiation of negotiations, 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 an economic 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.
7. QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS
To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable
replacement unit within one year from the following:
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 you move from the displacement dwelling.
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. LAST RESORT HOUSING ASSISTANCE
If comparable replacement dwellings are not available when you are required to move, or if
replacement housing is not available within the monetary limits described above, the 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
Any person, who occupies the real property and is not in unlawful occupancy, is presumed to be
entitled to relocation benefits. Except for the causes of eviction set forth below, no person lawfully
occupying property to be purchased by the Agency will be required to move without having been
provided with at least 90 days written notice from the Agency. Eviction will be undertaken only in the
event of one or more of the following reasons:
Failure to pay rent; except in those cases where the failure to pay is due to the lessor's failure to
keep the premises in habitable condition, is the result of harassment or retaliatory action or is the
result of discontinuation or substantial interruption of services;
Performance of dangerous illegal act in the unit;
Material breach of the rental agreement and failure to correct breach within the legally prescribed
notice period;
Maintenance of a nuisance and failure to abate within a reasonable time following notice;
Refusal to accept one of a reasonable number of offers of replacement dwellings; or
The eviction is required by State or local law and cannot be prevented by reasonable efforts on the
part of the public entity.
11. 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
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. No federal dollars are anticipated
for this project. Therefore, federal regulations may not apply, and the IRS may consider relocation
payments as income. 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 addressed herein)
13. 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.
14. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE
Those responsible for providing you with relocation assistance hope to assist you in every way possible
to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and
greatly appreciated. If you have any questions at any time during the process, please do not hesitate
to contact your relocation agent at OPC.
Residential 90-Day Notice to Vacate
<<DATE>>
<<HEAD-OF-HOUSEHOLD>> and All Other Occupants
<<MAILING ADDRESS>>
<<CITY, STATE ZIP>>
Dear Occupants:
On <<PURCHASE DATE>> the City of Santa Ana (called here the “Displacing Agency”)
acquired the property which you occupy at <<SITE ADDRESS>> (called here the
“Premises”). The Displacing Agency has now determined that it will be necessary for you to
vacate the Premises.
Notice is hereby given that the Displacing Agency elects to terminate
your occupancy in ninety (90) days beginning <<90DAY START>> and
ending <<90DAY END>> and you are hereby to quit and deliver up
possession of the property you occupy on or before <<90DAY END>>.
If you do not vacate the Premises by that date, the Displacing Agency
will initiate legal proceedings to recover possession of the Premises,
along with any rents and damages.
During this period, Overland, Pacific & Cutler, LLC will be available to provide assistance
with referrals to replacement sites, coordination with movers and other vendors, the
processing of relocation benefit claim forms, and other tasks to help facilitate your relocation.
Please contact your relocation agent listed below if you have any questions regarding this
notice or the relocation process. Upon vacating your unit, you are responsible for removing all
of your personal property, delivering the Premises in satisfactory condition and turning in the
keys to your relocation agent.
Sincerely,
<<AGENT NAME>>
<<AGENT TITLE>>
Overland, Pacific & Cutler, LLC
<<OFFICE ADDRESS>>
Phone <<OFFICE PHONE>>
Your OPC Relocation Agent
Name: <<AGENT NAME>>
Phone: <<OFFICE PHONE>>
Case
ID: <<CASE ID>>
_________________________ Delivered on/by: ___________/____________
Received by
X________________________ Posted on/by: ___________/______________
Recipient’s Signature
_________________________ Mailed/receipt received on: _______/_______
Date
Notice of Eligibility and Conditional Entitlement
90-day Tenant-Occupant (CA State)
<<DATE>>
<<ALL ELIGIBLE ADULTS>>
<<MAILING ADDRESS>>
<<CITY, STATE ZIP>>
Dear Occupants:
The City of Santa Ana (called here the “Displacing Agency”) is proceeding with the project known as
<<PROJECT NAME>>. To carry out this project, it will be necessary for you to relocate from your
dwelling at <<SITE ADDRESS>>.
You will not be required to move without at least 90 days advance written notice of the
day by which you must vacate. However, you can contact us at any time for assistance
with your move and to receive the benefits for which you are eligible.
This is a notice of eligibility for relocation assistance. The effective date of your eligibility,
known as the “initiation of negotiations”, is <<INIT OF NEGOTIATIONS DATE>>. You are eligible
for relocation assistance and benefits under the Displacing Agency’s Relocation Assistance Program.
Additional information about your benefits was previously provided to you in the Informational
Statement. You are eligible to receive the following benefits:
1. RELOCATION ADVISORY ASSISTANCE provided by Overland, Pacific & Cutler, LLC (OPC), a
professional firm hired by the Displacing Agency to provide relocation assistance to you, such as
referrals to replacement housing and help with filing for benefits.
2. MOVING EXPENSES: You will receive a payment to assist in moving your personal property.
You may select one of the following payments:
A. A Fixed Moving Payment based on the number of rooms you occupy (from Informational
Statement). Your entitlement under this option for <<ROOM COUNT>> rooms is
$<<FIXED MOVING AMOUNT>>; or
B. A payment for your Actual Reasonable Moving and Related Expenses based on at least two
written estimates and receipted bills; or
C. A combination of both (in some cases).
3. REPLACEMENT HOUSING ASSISTANCE: You may receive the following financial assistance to
purchase or to rent replacement housing:
A. If you RENT replacement housing, you may file a claim for a RENTAL ASSISTANCE payment,
equal to the difference between the monthly rent and utilities necessary to rent a comparable
replacement dwelling (as determined by the Displacing Agency) and the base monthly rent,
Your OPC Relocation Agent
Name: <<AGENT NAME>>
Phone: <<OFFICE PHONE>>
Your Case ID: <<CASE ID>>
multiplied by 42 months. (See table below)
A study was completed to determine the cost of a comparable replacement dwelling most nearly
representative of your current dwelling. The study indicated that
The dwelling located at <<COMP ADDRESS>>, with a monthly rent and estimated utilities
of $<<COMP AMT>> (rent of $<<COMP RENT AMT>> and utilities of $<<COMP UTIL
AMT>>) was the most representative of your current dwelling.
Base monthly rent is defined as the lesser of:
1) $<<DISPL AMT>>, which represents the average monthly rent ($<<DISPL RENT
AMT>>) and average monthly utilities ($<<DISPL UTIL AMT>>) at your displacement
dwelling (if you are paying little or no rent, the amount is based on the economic rental
value of your dwelling); or
2) $<<INCOME30 AMT>>, which represents thirty (30) percent of your adjusted gross
monthly household income. (If “N/A”, income was not used in the calculation because the
income information provided was insufficient evidence of income.)
Based on the above, your base monthly rent amount is $<<BASE RENT AMT>>, and your
maximum rental assistance payment is calculated as follows:
Maximum Rental Assistance Payment Calculation
1 Comparable Dwelling Cost $0.00
2 Base Monthly Rent $0.00
3
Monthly Difference (Line 1 minus Line 2) $0.00
4 Maximum payment (difference times 42 months) $0.00
Your actual payment depends on the cost of the replacement dwelling you decide
to rent. If you rent and occupy a replacement dwelling that rents for less than the comparable
dwelling, your rental assistance payment will be based on the actual cost of your replacement
dwelling. If you rent and occupy a replacement dwelling that rents for more than the
comparable dwelling, your rental assistance payment will be limited by the cost of the
comparable dwelling.
Please find attached a listing of other available comparable replacement dwellings that you may
want to consider renting. If you need any assistance or transportation to inspect these referrals,
please contact the relocation agent identified below.
B. If you BUY replacement housing, you may file a claim for DOWNPAYMENT ASSISTANCE
payment. You may then use the full amount of your rental assistance payment, as calculated
above ($<<MAX RENTAL AMT>>), for a down payment and incidental expenses (typically
known as “closing costs”) associated with the purchase of a replacement dwelling. All amounts
used as a down-payment and incidental expenses must be applied to the purchase of the
replacement dwelling. Any payments you may have received as rental assistance will be
deducted from your down payment assistance. Let us know if you prefer to buy a replacement
home, and we will help you find such housing.
To be eligible for a replacement housing payment described above, you must rent or purchase and
occupy a decent, safe and sanitary replacement dwelling within 12 months, as well as file claims for
replacement housing or moving payments within 18 months from the date you move from
your displacement dwelling. Failure to occupy the replacement dwelling or to submit claims
within the above time limits could result in loss of moving and/or replacement housing
benefits.
You do not have to accept any dwelling referred to you by the Displacing Agency. You may choose
your own replacement, but to qualify for relocation assistance payments it must first be inspected to
assure that it meets the “decent, safe and sanitary” standards. For this reason, DO NOT MOVE from
your home and DO NOT CONTRACT to rent or purchase a replacement dwelling without
first contacting your relocation agent. The “decent, safe and sanitary” inspection is not a
substitute for a professional housing inspection.
If you remain in occupancy of your present dwelling after the Displacing Agency has completed the
purchase, you must continue to pay your rent to the Displacing Agency for the period of your tenancy,
as well as meet all other conditions stated in your lease or rental agreement. Failure to pay rent may
reduce the replacement housing payment which you are eligible to receive.
The Relocation Assistance Program is very complex. It is important that you carefully read and
understand the matters explained in this notice and in the Informational Statement which was provided
to you. 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 by the Displacing Agency in accordance with its appeals procedure. Complete details on
appeal procedures are available upon request from the Displacing Agency.
If at any time you have questions or need assistance, please contact your OPC relocation agent:
<<AGENT NAME>>
<<AGENT TITLE>>
Overland, Pacific & Cutler, LLC
<<OFFICE ADDRESS>>
Phone <<OFFICE PHONE>>
Sincerely,
<<MANAGER NAME>>
<<MANAGER TITLE>>
Overland, Pacific & Cutler, LLC
[[IF REQUIRED:
Carbon Copy To:
<<CC NAME>>
<<CC ADDRESS>>]]
Attachment (referrals)
ACKNOWLEDGMENT BY OCCUPANTS
I was personally contacted by the Relocation Agent for the Displacing Agency. I have been given a copy
of this notice and I have had the available services and entitlements explained to me. I have been
advised that the Relocation Agent will be available to assist me if any questions arise or assistance is
needed.
Name: Signature: Date:
EXHIBIT C: PUBLIC COMMENTS & RESPONSES
Resolution No. 2023-XXX
Page 1 of 3
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING THE RELOCATION PLAN
FOR THE DEVELOPMENT OF A NEW WATER WELL
SITE (206 AND 208 SOUTH FLOWER 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 (“City”) hereby finds,
determines, and declares as follows:
A. On October 4, 2022, the City Council approved the acquisition of real
property located at 206 and 208 South Flower Street for the development of a new
water well site.
B. Pursuant to California Government Code section 7260 et seq., a public
entity is required to adopt a relocation plan, by resolution, whenever it enters into an
agreement for acquisition of real property or an agreement for the disposition and
development of property that would lead to displacement of people from their homes.
C. Section 6002 and 6038 of the California Code of Regulations, Title 25,
Chapter 6, et seq., requires the adoption of a Relocation Plan due to the displacement
of residential and business occupants.
D. A relocation plan has been prepared in conformance with applicable
provisions of the California Government Code section 7260 et seq., and the
Relocation Guidelines, California Code of Regulations, Title 25, Chapter 6, and has
been made available for public review since April 4, 2023. Each potential displaced
occupant was given written notification regarding the plan’s availability and an
opportunity to submit questions or comments.
E. The primary purpose of the Relocation Plan is to outline the
requirements for moving and re-establishing the displaced residential and business
occupants, and to demonstrate the level of advisory and financial assistance that will
be provided.
F. Based on occupant interviews, needs analyses, and searches for
appropriate replacement sites, the City estimates relocation costs to be approximately
$172,000.
Section 2. The City Council hereby approves the Relocation Plan for the
acquisition activities for the development of a new water well site (206 and 208 South
Flower Street). A copy of the plan will be available in the City’s Public Works Agency.
Resolution No. 2023-XXX
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Section 3. The City Manager or the Executive Director of the Public Works
Agency or their designee, is hereby authorized and directed to take all necessary and
appropriate actions to implement the Relocation Plan.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall attest to and certify the vote adopting this
Resolution.
ADOPTED this ____ day of ____________________, 2023.
__________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: ____________________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
Resolution No. 2023-XXX
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall, City Clerk, do hereby attest to and certify that the attached Resolution
No. 2023-XXX to be the original resolution adopted by the City Council of the City of
Santa Ana on ______________, 2023.
Date: _____________________
City Clerk
City of Santa Ana