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HomeMy WebLinkAbout80A - LOAN AGMTS ROSS & DURANT REQUEST FOR COUNCIL/AGENCY ACTION MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: JANUARY 3, 2006 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For LOAN AGREEMENTS WITH ROSS & DURANT, L.P. AND AUTHORIZATION OF RELOCATION PLANS ~J&!;L CITY MANAGER CONTINUED TO FILE NUMBER EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION 1. Direct the City Attorney to prepare a loan agreement with Ross & Durant, L.P. for the acquisition of a 30 unit multi-family property located at 1501 N. Ross Street in an amount not to exceed $1,400,000 and authori ze the Executive Director of the Community Development Agency or designee to execute all required documents. 2. Adopt a resolution approving the Relocation Plan for residential property located at 1501 N. Ross Street. 3. Direct the City Attorney to prepare a loan agreement with Ross & Durant, L.P. for the acquisition of a 35 unit multi-family property located at 1411 N. Durant Street in an amount not to exceed $1, 600,000 and authori ze the Executive Director of the Community Development Agency or designee to execute all required documents. 4. Adopt a resolution approving the Relocation Plan for residential property located at 1411 N. Durant Street. 80A-1 Loan Agreements with Ross & Durant, L. P. and Authorization of Relocation Plans January 3, 2006 Page 2 COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Direct the Agency General Counsel to prepare a loan agreement with Ross & Durant, L. P. for the acquisition of a 30 unit multi-family property located at 1501 N. Ross Street in an amount not to exceed $3,006,920 and authorize the Executive Director or designee to execute all required documents. 2. Direct the Agency General Counsel to prepare a loan agreement with Ross & Durant, L. P. for the acquisition of a 35 unit multi-family property located at 1411 N. Durant Street in an amount not to exceed $2,043,924 and authorize the Executive Director or designee to execute all required documents. DISCUSSION In an effort to provide for the demand for appropriately sized affordable housing in the City, staff continually seeks projects that will assist in meeting this need. The current proposed proj ects are located in the Willard neighborhood. In this neighborhood, multi-family units make up ninety-one percent of the total, predominately studio and one-bedroom. While the units are small, seventy-six percent of the households in Willard are comprised of four or more individuals. Orange Housing Development Corporation (OHDC) and C&C R&D, LLC, have formed a partnership, Ross & Durant, L.P. to acquire and rehabilitate two multi-family properties located at 1501 N. Ross Street and 1411 N. Durant Street (Exhibit 1) which have 30 and 35 studio apartments, respectively. The Ross Street property will be converted into 24 one and two bedroom units. The Durant Street property will be converted into 25 one, two and three bedroom units. All but one unit designated as a manager unit at the Durant Street property will have recorded affordability covenants, which restrict allowable rents and incomes to very low- and low-income households in perpetuity (Exhibit 2). In addition to affordability covenants, the future occupancy will be restricted to three persons for one-bedroom units, four persons for two bedroom units, and six persons for three bedroom units. 80A-2 Loan Agreements with Ross & Durant, L. P. and Authorization of Relocation Plans January 3, 2006 Page 3 The purchase price for 1501 N. Ross Street is $3,400,000. Development and financing costs are estimated at $ 3,141,846 for a total project cost of $6,541,846. Ross & Durant, L.P. will be applying for $993,100 in tax- exempt bonds, and $ 896,138 in low-income housing tax credits that will be used for permanent financing. The purchase price for 1411 N. Durant Street is $4,200,000. Development and financing costs are estimated at $ 3,221,288 for a total project cost of $7,421,288. Ross & Durant, L.P. will be applying for $ 1,188,100 in tax-exempt bonds, and $ 2,328,542 in low-income housing tax credits that will be used for permanent financing. The City and Agency will provide loan funds to both proj ects in order to fill the gap in financing the acquisition and rehabilitation (Exhibit 3). City and Agency funding will be contingent on approval of the bond allocation and tax credits, and appropriate environmental clearances as required by the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The acquisition and rehabili tation of these properties will assist the City and Agency to meet the affordable housing goals as identified in the Consolidated Plan, Redevelopment Implementation Plan and Housing Element. When a Redevelopment Agency enters into an agreement for the acquisition or disposition and development of property which agreement would lead to displacement of people from their homes, the legislative body must adopt, by resolution, a relocation plan. The 1501 N. Ross Street and 1411 N. Durant Relocation Plans (Exhibits 4 and 5) have 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) guidelines. These plans are required due to the temporary and permanent relocation of households during the rehabilitation. The developer has made arrangements to provide temporary relocation to 43 households. There will also be permanent relocation benefits provided to as many as 14 households. The estimated cost for relocation is $350,000 and is part of the development budget. This action was placed on the December 20, 2005, agenda for recommendation by the Community Redevelopment and Housing Commission. No action was taken due to a lack of quorum. 80A-3 Loan Agreements with Ross & Durant, L. P. and Authorization of Relocation Plans January 3, 2006 Page 4 FI SCAL IMPACT Funds for the acquisition and rehabilitation loans are available In the HOME Program in the amount of $3,000,000 (account no. 130-148-6951) and Tax Increment Housing Set-Aside Fund in the amount of $5,050,744 (account no. 507-936-6951). APPROVED AS TO FUNDS AND ACCOUNTS: (Z,d~~-i\~ ri~Francisco Gutierrez fwf LU Executive Director Finance and Management Services Agency Patricia C. Whitaker Executive Director Community Development Agency PCW/SLB/mlr H:\ACTIONS\2006 CC\JT CC-CRA LoanAgreeRoss-Durant-AuthorizationRelocPlans 1-3-06.doc 80A-4 16TH STREET I- W W a: I- en.. 15TH en en o a: ).. l.lJ -.J -.J <( I- W W a: I- en STREET ).. Lu -.J -J ...... <( Ilr~1i'r- ...mm....mm...m...................................! ml I I- Z <( a: ::;) c ~ 1501 North Ross Street 1~~~~m~~~mi~i~~~i~iJ 1411 North Durant Street Exhibit 1 80A-5 ~ ::: c <( o a: lD 1:- LEVELS OF AFFORDABILITY AND UNIT MIX 1501 N. Ross Affordability Level Bedrooms Number of Units Allowable Rent 40% 1 2 $576 2 1 $691 50% 1 11 $720 2 4 $863 60% 2 6 $1 ,036 1411 N. Durant Affordability Level Bedrooms Number of Units Allowable Rent 1 1 $576 40% 2 1 $691 3 2 $768 50% 2 3 $863 3 3 $960 1 4 $864 60% 2 5 $1,036 3 5 $1 , 152 EXHIBIT 2 80A-6 SOURCES AND USES BUDGET Funding Sources Tax Exempt Bonds Community Redevelopment Agency (Housing Setaside) City of Santa Ana (HOME Funds) Deferred Developer Fee Capital Contribution - General Partner Capital Contribution - Limited Partner (Tax Credits) Funding Uses Acquisition Residential Construction and Related Costs EXHIBIT 3 80A-7 1501 N. Ross 993,100 3,006,920 1,400,000 245,660 28 896,138 6,541,846 1411 N. Durant 1,188,100 2,043,924 1,600,000 260,650 72 2,328,542 7,421,288 1501 N. Ross 3,400,000 3,141,846 6,541,846 1411 N. Durant 4,200,000 3,221,288 7,421,288 Total 2,181,200 5,050,844 3,000,000 506,310 100 3,224,680 13,963,134 Total 7,600,000 6,363,134 13,963,134 RELOCATION PLAN FOR THE 1 SO 1 NORTH Ross STREET REHABILITATION & AFFORDABLE HOUSING PROJECT Prepared for: THE CITY OF SANTA ANA'S COMMUNITY DEVELOPMENT AGENCY Presented by: OVERLAND, PACIFIC & CUTLER, INC. DECEMBER 1, 2005 EXHIBIT 4 80A-8 INTRODUCTION ............................................................. I. PROJECT LOCATION AND DESCRIPTION ................................. 2 A. LOCATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 B. PROJECT NEIGHBORHOOD CHARACTERISTICS. . . . . . . . . . . . . . . . . . . .. 3 C. PROJECT DESCRIPTION ......................................... 5 II. ASSESSMENT OF RELOCATION NEEDS .................................. 7 A. METHODOLOGY.. .. . . . . .. .. . . . . . . ... . . . . . . . . . .. . . . ... . . . .. .. . . .. 7 B. SURVEY RESULTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 1. Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 2. Household Income. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 3. Demographic Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 4. Profile of Potentially Displaced Residents. . . . . . . . . . . . . . . . . . . . . . .. 9 III. HOUSING RESOURCES ............................................... 10 IV. THE RELOCATION PROGRAM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES. . . . . . . . . .. 11 B. RELOCATION ADVISORY ASSISTANCE. . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 C. RELOCATION BENEFITS (FINANCIAL ASSISTANCE) ................. 13 1. Temporary Displacees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. 14 2. Permanent Displacees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 3. Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS... 19 E. LAST RESORT HOUSING ........................................ 20 F. IMMIGRATION STATUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 G. RELOCATION TAX CONSEQUENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 H. GRIEVANCE PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22 I. EVICTION POLICY .............................................. 22 J. PROJECTED DATES OF DISPLACEMENT. . . . . . . . . . . . . . . . . . . . . . . . . .. 23 K. CITIZEN PARTICIPATION ........................................ 23 L. ESTIMATED RELOCATION COSTS ................................ 23 80A-9 Table 1: Table 2: Table 3: Table 4: Table 5: Table 6: Table 7: Table 8: Project Neighborhood Amenities o. 0 0 0 0 0 . 0 0 0 0 . 0 0 0 0 0 . . 0 0 0 0 0 0 . 0 0 . . 0 0 . 0 . . . 0 0 0 3 Proposed Property Unit Mix by Affordability Levels 000.00000.0.00.000. 0 0 0 . . .00 5 Distribution of Households by Family Size 0 . 0 0 . 0 0 . 0 0 0 . 0 0 0 0 0 0 . 0 0 . 0 0 . 0 . 0 0 0 0 0 .. 7 Income Levels 0 0 0 0 0 0 . 0 0 0 0 . 0 0 0 0 0 . 0 0 0 0 . 0 0 0 0 0 0 0 0 . 0 . 0 0 0 . . 0 0 . 0 0 0 0 . 0 . . 0 0 . . 0 0 8 2000 Census Population - City of Santa Ana & Tract 750003 0 0 0 . 0 . 0 0 0 0 . 0 0 0 . 0 0 . 0 8 Rental Unit Availability and Cost by Bedroom Size 0 0 0 . 0 0 0 0 0 . . . 0 0 0 . 0 . 0 . 0 . 0 0 0 0 10 Schedule of Fixed Moving Payments 0 0 . 0 0 0 0 0 . 0 0 0 0 . 0 0 0 0 0 0 0 . 0 0 0 0 0 0 0 . 0 0 0 0 . 0 0 16 Example Computation of URA Rental Assistance Payments 0 0 . 0 0 0 0 0 0 0 . 0 0 0 0 . 0 0 18 Exhibit A: Exhibit B: Exhibit C: Residential interview Form HUD Income Limits - Orange County Plan Addendum (Public Comments & Response to Public Comments) 80A-1 0 Orange Housing Development Corp. (the Developer) has proposed the rehabilitation of 1501 N. Ross Street into a mix of affordable housing units (the Project). In addition to interior and exterior rehabilitation activities, the Project involves the rehabilitation of the property from studio unit apartments to a mix of 1- & 2-bedroom affordable housing units; reducing the overall number of units from 30 to 24 units. As a result of the planned rehabilitation, households will need to be displaced temporarily or on a permanent basis, subject to qualifying occupancy and income standards to return to the rehabilitated units. Funding for the Project will come from the Department of Housing and Urban Development (HUD) HOME program, administered through the City of Santa Ana's Community Development Agency (the Agency); Agency tax increment monies; tax credits; and, Developer funds. The use of HOME Program funds and the involvement of the Agency trigger the need to provide relocation assistance and benefits in accordance with federal law (42 U.S.C. 4601 et seq.), HUD relocation guidelines (HUD Handbook 1378), California relocation law (California Government Code Section 7260 et seq.) and the California relocation guidelines (California Code of Regulations Title 25 Chapter 6). Among the regulatory requirements applicable to the Project, is the need to prepare a relocation plan. The purposes of the relocation plan, in broad terms, are to address the needs of potential displacees, the availability of adequate replacement housing and the means by which required assistance will be provided. This relocation plan (the Plan) has been prepared by Overland, Pacific & Cutler, Inc. (OPC), a professional consulting firm specializing in public agency acquisition and relocation projects for submission to the Agency. The Plan is organized in 4 sections: Section I: Project description and general demographic data Section II: Profile of tenants who may be displaced Section III: Description of available housing resources Section IV: Description of the relocation assistance program Prepared by Overland, Pacific & Cutler, Inc. Page 1 80A-11 A. LOCATION The Project is located at 1501 North Ross Street in northern portion of the City of Santa Ana, to the west of Interstate 5 Freeway. The Project is generally bounded by West 16th Street to the north, West 15th Street to the south, North Durant Street to the east and North Ross Street to the west. (see Figures 1 and 2). , ..,..... --SlInIlajl<>P. ~...>..;.... CI Figure 1: Regional Project Location Prepared by Overland, Pacific & Cutler, Inc. Page 2 80A-12 Relocation Plan for the OHDC 1501 North Ross Street Rehabilitation Project ..... ,c'C , .1 I ..il' 1 r' .,.., 'I II .~ .1 i t1ji Ii .. hlCl2003 "'1~rosOIl Co . and/or Its su Figure 2: Project Site Location lIers. All B. PROJECT NEIGHBORHOOD CHARACTERISTICS The Project is located in the high density residential area of the City of Santa Ana, close to schools, shopping and with easy access to the 1-5 Freeway. Table 1 lists some neighborhood amenities and their distance from the Project. Prepared by Overland, Pacific & Cutler, Inc. Page 3 80A-13 Relocation Plan for the GlIDC 1501 North Ross Street Rehabilitation Project Table 1 : Project Neighborhood Amenities Facility Miles from Project Medical . Kindred Hospital Santa Ana 1.1 . St. Joseph Hospital 1.5 . Children's Hospital of Orange 1.6 . Kaiser Permanente Medical Care 1.9 . Western Medical Center 2.2 School . Migrant Head Start 0.1 . Willard Intermediate School 0.1 . Storybook Preschool 0.2 . Davis Elementary School 0.5 . Gloria's Daycare 0.6 . Wilson Elementary School 0.6 . Mendez Intermediate School 0.7 . Santa Ana High School 0.9 . Century High School 2.2 Library . Santa Ana Public Library 0.6 . Orange Public Library 2.4 . Sunkist Library 4.8 . Anaheim Public Library 5.7 Entertainment . Old Courthouse Museum 0.5 . Fiesta Twin Theatre 0.7 . Empire Theatre 0.8 . Maverick Theater 2.0 . Santa Ana Zoo 2.0 . Edward's Bristol IV Cinema 4.2 Police/Safety . Orange County Sheriff Department 0.4 . Santa Ana Police 0.6 . Santa Ana Disaster Services 2.0 Shopping . Big Saver Foods 0.1 . Santa Rosa Market 0.3 . Westfield Shopping Mainplace 1.3 . Block at Orange 2.0 Transportation . Greyhound - Santa Ana 0.9 . Amtrak - Santa Ana 0.9 . Amtrak - Anaheim 3.2 . Greyhound - Anaheim 4.4 Prepared by Overland, Pacific & Cutler, Inc. Page 4 80A-14 Relocation Plan for the OHDC 1501 North Ross Street Rehabilitation Project C. PROJECT DESCRIPTION The Project involves the rehabilitation of 1501 North Ross Street. Currently the property is made up of studio apartments which will be converted into affordable 1- & 2-bedroom apartments. Additionally, interior rehabilitation activities will include replacement of major kitchen appliances, new paint and bathroom enhancements as well as replacement offloor coverings, doors and windows. Exterior improvements will include the addition, repair or replacement of roofs, staircases, balconies, landscaping, water heaters, decking, trash enclosures, parking lots and building facades. The property at 1501 North Ross Street currently has 30 studio units. The proposed rehabilitation will create 13 one-bedroom and 11 two-bedroom apartment units. The property will have a mix of affordability levels based on area median income (AMI) levels determined by HUD, from levels between 40% - 60%. The proposed affordability levels for the Ross property are shown in Table 2, below: Table 2: Proposed Property Unit Mix by Affordability Levels Unit Type 40% AM I 50% AM I 60% AM I Total ROSS One Bedroom 2 11 13 Two Bedroom 1 4 6 11 Three Bedroom 0 Total 3 15 6 24 The Developer is proposing to undertake all needed improvements to the individual units, up to 6 units at a time. The rehabilitation and construction cycle will last between three weeks to one month per unit and the construction is expected to begin immediately following the Agency approval in June 2006. As a result of the rehabilitation, residents will be required to move either temporarily or permanently from their units. Upon completion of the rehabilitation, residents who meet qualifying occupancy and income standards will be able to return to a rehabilitated unit. Those households which do not meet qualifying occupancy and income standards, will be Prepared by Overland, Pacific & Cutler, Inc. Page 5 80A-15 Relocation Plan for the OHDC 1501 North Ross Street Rehabilitation Pro;ect permanently displaced and provided appropriate and eligible relocation advisory and monetary assistance. Prepared by Overland, Pacific & Cutler, Inc. Page 6 80A-16 A. METHODOLOGY To obtain information necessary for the preparation of this Plan, interviews were conducted over a two week period in November 2005. Inquiries made of residential occupants concerned household size and composition, income, monthly rent, length of occupancy, ethnicity, home language, and physical disabilities. A sample of the residential interview form used in the interview process is presented in Exhibit A. Interviewers were successful in obtaining survey responses from 26 of 29 occupied households. Despite several attempts, 3 households could not be reached. Additional information gathered by the Developer from Project households was utilized for preparation of this Plan to confirm and, when available, add to information obtained from interviews. One unit was confirmed vacant at the time of the interviews. B. SURVEY RESULTS The known resident population within the Project totals 100 individuals. Among this group, there are 61 adults and 39 children. The 30 units included in this Plan now contain 30 rentable studio apartments. 1. Occupancy The breakdown of households by family size is as follows: Table 3: Distribution of Households by Family Size (29 households) # in Household 2 3 4 5 6 # of Households @ 1501 N Ross o 5 10 11 2 There is an average of 3.4 occupants per unit in the Project. In accordance with the local housing codes and the proposed rehabilitation, all households would meet necessary occupancy standards to be able to return to a rehabilitated unit in the Prepared by Overland, Pacific & Cutler, Inc. Page 7 80A-17 I Relocation Plan for the OHDC 1501 North Ross Street Rehabilitation Project Project or one of the units in another Developer's complex that is less than a block away. 2. Household Income Income data were obtained from 29 households. According to income standards for the County of Orange (Exhibit B) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD), 7 Project area tenant households qualify as extremely low income (30% or less of median), 15 qualify as very low income (31%-50% of median), and 7 as low income (51%-80% of median). Table 4, below, identifies the breakdown between the income levels. The range of reported annual household incomes among the 29 respondents was $10,800-$50,037. Table 4: Income Levels (29 households) Location Extremely Low Very Low Low Moderate High 1501 N Ross 7 15 7 o o 3. Demographic Summary Of the 100 currently known residents, there are 61 adults and 39 children. The ethnic distribution in the Project is 100% Hispanic with Spanish reported as their primary household language in majority of households. This generally resembles the ran kings and pattern in the Census Tract Area but deviates from the overall Census figures for the City, shown in Table 5, below. Table 5: 2000 Census Population - City of Santa Ana & Tract 750.03 Population Tract 750.03 % City % White 3,152 38.3% 144,425 42.7% Black or African American 102 1.2% 5,749 1.7% American Indian and Alaska Native 145 1.8% 4,013 1.2% Prepared by Overland, Pacific & Cutler, Inc. PageS 80A-18 Relocation Plan for the OHDC 1501 North Ross Street Rehabilitation Project Asian 38 0.5% 29,778 8.8% Native Hawaiian and Other Pacific 0 0.0% 1,160 0.3% Islander Some Other Race 4,367 53.0% 137,360 40.6% Two or More Races 428 5.2% 15,492 4.6% Hispanic or Latino (of Any Race) 7,773 94.4% 257,097 76.1% Source: 2000 U.S. Census 4. Profile of Potentially Displaced Residents Funding source requirements limit occupancy in the Project to those households which earn less than 60% of the median income standard adjusted for family size as established by the United States Department of Urban Development (HUD) (See Exhibit B). Based upon the most currently available tenant income data, there are 5 households whose income exceeds the permitted limit at the 1501 North Ross apartments. Of the 5 Project households to be permanently displaced for not meeting the qualifying income criteria to return to the rehabilitated Project units, 2 will require studio replacement units, 1 will need a one-bedroom and 2 will be referred to the two-bedroom units based on a typical occupancy standards allowing up to 3 persons in a one-bedroom and up to 5 people in a two-bedroom unit. The average known tenure of the 5 households in the Project is approximately 2 years. There are no senior households (head of household 62 years or older) nor any reported disabilities that could affect the relocation process. When asked, most of the respondents prefer to remain in the Santa Ana neighborhood to remain close to employment and schools children attend. Prepared by Overland, Pacific & Cutler, Inc. Page 9 80A-19 Rehabilitation work in the Project will result in the need to temporarily displace 24 residents from their units. Temporary relocation needs will be met by utilizing available on-site units or units owned by the Developer less than a block away. The Developer anticipates that all households will be accommodated on-site and no temporary units off-site will be required. Due to the rehabilitation work and income criteria, 5 households will not be able to return to the Project once the units are rehabilitated. For purposes of determining the availability of rental housing resources for the permanent displacees within the City of Santa Ana, a survey was conducted during the month of November 2005. The results, summarized below in Table 6, indicate the number of found & needed units by bedroom size, the cost range in each category and median market rent for each category. Table 6: Rental Unit Availability and Cost by Bedroom Size Studio 1 bedroom 2 bedroom 3 bedroom # Found (# needed) 41 (2) 77 (1) 71 (2) 21 (0) Rent Range $550-$1,180 $795-$1,350 $895-$1,870 $1,250-$2,100 Market Median Rent $825 $950 $1,295 $1,600 It is expected that there will be more than adequate resources to house the 5 permanent displacees given the balance between needs and available resources. Concurrent Displacement There are no known projects that are planned concurrently with this project in the City of Santa Ana or surrounding areas that would compete with existing or anticipated housing resources. Prepared by Overland, Pacific & Cutler, Inc. Page 10 80A-20 The relocation program and assistance offered by the Developerwill conform to provisions of the California Relocation Law, Government Code Section 7260 et seq., the California Relocation Guidelines, California Code of Regulations Title 25, Chapter 6, as amended January 1, 1998, the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), as appropriate. A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES To meet its regulatory obligations, the Developer will: 1. Fully inform eligible project occupants of the nature of, and procedures for obtaining relocation assistance and benefits, including the date and approximate duration of temporary relocation. 2. Determine the needs of each residential displacee household eligible for assistance. 3. Provide an adequate number of referrals with addresses to comparable, decent, safe and sanitary housing units within a reasonable time prior to displacement and supply information concerning the terms and conditions under which the tenant may lease and occupy said housing. 4. Assure that no residential occupant is required to move without a minimum of 90 days written notice to vacate. 5. Provide assistance that does not result in different, or separate treatment due to race, color, religion, national origin, sex, sexual orientation, marital status, or other arbitrary circumstances. 6. Supply information concerning federal, and state housing programs and other governmental programs providing assistance to displaced persons, as needed. Prepared by Overland, Pacific & Cutler, Inc. Page 11 80A-21 Relocation Plan for the OHDC 1501 North Ross Street Rehabilitation Project 7. Assist each eligible person to complete applications for benefits. 8. Make relocation benefit payments in accordance with State and HUD guidelines. 9. Inform all persons ofthe Developer's property management policies including criteria for pursuing tenant evictions. B. RELOCATION ADVISORY ASSISTANCE As a function of the overall relocation assistance program, technical and advisory assistance will be provided to all residents by Agency staff, the Developer and contracted relocation representatives. The following services and tasks will be undertaken: 1. Each displaced household will be personally interviewed to gather information appropriate to determine needs and preferences with regard to the replacement of existing accommodations. Inquiries made of residential occupants by relocation personnel will cover the following areas: family size, ethnic background, immigration status, age and health considerations, current employment status, family income, transportation needs, and preferences relative to replacement housing. 2. Non-displaced residents (temporary) will be provided appropriate notices and information informing them not to move permanently and the opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the Project, under reasonable terms and conditions, upon completion of the project; reimbursement of any out-of-pocket costs; and other advisory services. 3. A printed Informational Brochure will be provided to all displaced households. Informational Brochures will be provided in Spanish, as necessary. Signed acknowledgments will be obtained to verify receipt of this material. 4. As soon as feasible, the relocation representative shall explain the relocation payments and other assistance for which households and individuals may be Prepared by Overland, Pacific & Cutler, Inc. Page 12 80A-22 Relocation Plan for the OHDC 1501 North Ross Street Rehabilitation Project eligible, including related eligibility requirements and the procedures for obtaining such assistance. 4. Assistance will be provided to complete rental application forms and coordinate move-in arrangements. Temporary displacees will be kept informed of project timing and receive appropriate notice to prepare for required moves. Claims for compensable expenses associated with the temporary displacement process will be processed expeditiously. 5. Special assistance in the form of referrals to governmental and social service agencies will be made, as appropriate. 6. Bilingual (Spanish-English) assistance will be provided, as needed. C. RELOCATION BENEFITS (FINANCIAL ASSISTANCE) Relocation benefits will be offered to all households temporarily or permanently displaced in accordance with the California Relocation Law, Government Code Section 7260 et seq., the California Relocation Guidelines, California Code of Regulations Title 25, Chapter 6, as amended January 1, 1998, the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), as appropriate. Benefits will be paid to eligible displaced persons upon submission of required documentation in accordance with approved procedures. Eligibility requirements and benefit plans will be discussed with all temporary and permanent displacees. In the course of personal interviews and follow-up visits, each displacee will be counseled as to available options and the consequences of any choice with respect to housing choices and potential financial assistance. The Developer will process advance payment requests in order to alleviate hardships for tenants who do not have access to sufficient funds to pay move-in costs such as first month's rent and/or security deposits. Requests for advance payments will be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing. Prepared by Overland, Pacific & Cutler, Inc. Page 13 80A-23 Relocation Plan for the OHDC 1501 North Ross Street Rehabilitation Protect The relocation process includes: household interviews; needs analyses; appropriate replacement housing referrals; preparation and service of appropriate notices; file documentation, eligibility determinations, processing of claims; moving coordination; and other general services intended to assist displacees. 1. Temporary Displacees Temporary displacees will be offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation including, but not limited to, the cost of moving to and from the temporarily occupied unit, furniture storage, utility connection charges, and any increase in housing costs, if any. Additionally, temporary displacees will be provided a timely written Notice of Non- Displacement containing an offer to lease and occupy a suitable, decent, safe and sanitary dwelling in the same Project, under reasonable terms and conditions upon completion of the Project. Such reasonable terms and conditions shall include a term of at least one year at a monthly rent and estimated average monthly utility costs that do not exceed the greater of: (a) The tenant's monthly rent before displacement and estimated average monthly utility costs; or (b) The total tenant payment if the tenant is low-income or 30 percent of gross income if the tenant is not low income. In accordnce with HUD guidelines, "total tenant payment" is the highest of: (1) 30% of a person's monthly adjusted income; (2) 10% of the person's monthly gross income; or (3) The designated allowance for rent and utility costs, if the person is receiving welfare assistance from a public agency and part of such assistance, adjusted in accordance with the person's actual housing costs, is specifically designated by the public agency to meet the person's rent and utility costs Prepared by Overland, Pacific & Cutler, Inc. Page 14 80A-24 Relocation Plantor the OHDC 1501 North Ross Street Rehabilitation Project 2. Permanent Displacees a. Residential Moving Expense Payments All residential occupants to be 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. i. 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 either case. In addition to the actual move, costs associated with utility re-connections (Le., gas, water, electricity, telephone, and cable, if any), are eligible for reimbursement. ii. 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 full responsibility for the move. The fixed payment includes all utility connections as described in (a), above. At a minimum, the fixed schedule payment for single occupancy efficiency units, furnished with the tenants own personal property, is $625 including all utility connections at the replacement location. The current schedule for fixed moving payments is set forth in Table 7 following: Prepared by Overland, Pacific & Cutler, Inc. Page 15 80A-25 Relocation Plan/or the OHDC 1501 North Ross Street Rehabilitation Project Table 7: Schedule of Fixed Moving Payments (effective 6-15-05) Unfurnished Dwelling One room $625 Two rooms $800 Three rooms $1,000 Four rooms $1,175 Five rooms $1,425 Six rooms $1,650 Seven rooms $1,900 Eight rooms $2,150 each additional room $225 Furnished Dwelling First Room $400 Each additional room $65 b. Rental Assistance To qualify for a rental assistance payment, tenants who are permanently displaced must have legally occupied their Project residence for a minimum of 90 days prior to the Developer's executed Agreement between the Agency and acquisition of the property. To be eligible to receive the rental assistance benefits the displaced tenant households have 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. Tenants who occupied the property less than 90 days and have not occupied the property for the sole purpose of obtaining benefits, may be entitled to benefits under Last Resort Housing provisions. Based upon the available data regarding Project displacees, the permanently displaced households may qualify and may be eligible to apply for relocation benefits under URA provisions. Prepared by Overland, Pacific & Cutler, Inc. Page 16 80A-26 Relocation Plan/or the OHDC 1501 North Ross Street Rehabilitation Project 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 priorto displacement, as determined by the Developer. 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 B. 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. Utility allowance amounts are based upon the standards of the local housing authority for a comparable type dwelling unit and the utility services the occupant is required to pay, such as, gas, water and electric utilities. Prepared by Overland, Pacific & Cutler, Inc. Page 17 80A-27 Relocation Plan for the OHDC 1501 North Ross Street Rehabilitation Project Table 8 portrays the benefits determination under the URA: Table 8: Example Computation of URA Rental Assistance Payments 1. Old Rent $650 Old Rent, plus Utility Allowance or 2. Ability to Pay $700 30% of the Gross Household Income 3. Lesser of lines 1 or 2 $650 Base Monthly Rental Subtracted From: 4. Actual New Rent $750 Actual New Rent including Utility Allowance or 5. Comparable Rent $775 Determined by Authority; includes Utility Allowance 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 c. Downpayment Assistance The displacee household may opt to apply the entire benefit amount they are eligible for toward a purchase of a replacement unit (Guidelines 49 CFR 24.402(b) and HUD 1378). Permanently displaced households, who choose 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. Provision shall be made in the escrow arrangements for the prompt return of the Developerfunds, in the event escrow should fail to close within a reasonable period of time. Prepared by Overland, Pacific & Cutler, Inc. PagelS 80A-28 Relocation Plan for the ORnC 1501 North Ross Street Rehabilitation Project 3. Summary All Project area residents will be personally informed in writing of their status as a temporary or permanent displacee and will be provided advance written notice ofthe date, approximate duration and location of the temporary dwelling to be made available. Each affected household will receive printed information concerning the benefits and assistance to which they may be entitled. Temporary households will be informed of the terms and conditions under which the tenant may lease and occupy a suitable dwelling in the Project upon completion of the project. Temporary displacees will be provided compensation for reasonable and necessary out-of-pocket expenses. All temporary displacement needs will be accommodated on-site and should not exceed 60 days. The Developer will make timely payments to all eligible claimants. This may include, where necessary to avoid hardship, advance payments to help secure appropriate replacement housing. D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the Developer no later than 18 months from the date the claimant moves from the Project. 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 to the Developer's relocation representative. 2. Recommended assistance amounts will be determined by the Developer's relocation representative in accordance with the provisions of URA. 3. Required claim forms will be prepared by the Developer's relocation representative for claimant signature. 4. Claims will be submitted by the Developer's relocation representative to the Developer for review, approval, and payment. Prepared by Overland, Pacific & Cutler, Inc. Page 19 80A-29 Relocation Plan for the OHDC 1501 North Ross Street Rehabilitation Project 5. Benefit checks will be issued to the Developer's relocation representative for distribution to claimants. 6. Replacement housing payments to residential occupants will be issued approximately three weeks after confirmation that the Project premises have been vacated and residency at the replacement unit is verified, with final payments being made as a lump sum or possibly on a periodic basis. 7. Receipts of payment will be obtained and archived by the Developer's relocation representative in individual relocation case files. 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 within the maximum relocation amounts provided by the applicable regulations. Specifically, when the computed replacement housing assistance eligibility exceeds $5,250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceed 30% of the person's average monthly income. Therefore, ifthe Project proceeds, the Developerwill authorize its funds orfunds authorized for the Project to provide housing of last resort. Due to the demonstrated number of available replacement housing resources for the occupants, as shown above in Section III, development of 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; hence, satisfying the requirement that "comparable replacement housing" be available. A permanently displaced household will be entitled to consideration for supplementary benefits in the form of Last Resort Housing assistance when comparable replacement dwellings are not available within the monetary limits for tenants ($5,250) as specified above in Section IV, C. 2. b., as well as, for tenants who fail to meet the 90 day length of occupancy requirement unless such tenant occupied the property for the purpose of obtaining assistance and benefits. Prepared by Overland, Pacific & Cutler, Inc. Page 20 80A-30 Relocation Plan for the OlIDC 1501 North Ross Street Rehabilitation Project The Developer will make Last Resort rental assistance payments on a periodic basis. Recipients of Last Resort assistance who intend to purchase rather than re-rent replacement housing, have the right to request a lump sum payment of all benefits for the purpose of making a downpayment and paying standard, non-recurring closing costs. Displacee households receiving periodic payments may elect, at any time, to request a lump sum payment of all remaining benefits to assist with the purchase of a decent, safe, and sanitary dwelling. F. IMMIGRATION STATUS Federal legislation (PL 105-117) 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. The Developer may elect to authorize the payment of relocation assistance benefits to any otherwise eligible displacee from non-federally authorized reimbursable funds. In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration status information from each displacee 18 years and older. G. RELOCATION TAX CONSEQUENCES In general, relocation payments are not considered income for the purpose of the Internal Revenue Code of 1968, or the Personal Income Tax Law, Part 10 of the Revenue and Taxation Code. Displaced persons are encouraged, however, to consult with personal tax advisors concerning the tax consequences or social service providers to obtain information concerning the tax consequences associated with relocation payments. Prepared by Overland, Pacific & Cutler, Inc. Page 21 80A-31 Relocation Plan for the OHDC 1501 North Ross Street Rehabilitation Project H. GRIEVANCE PROCEDURES The Developer will follow the Agency's Grievance Policy which generally follows the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. All displaced persons have the right to ask for administrative review concerning determinations of eligibility; relocation payment amount; the failure by the Developer to provide comparable replacement housing referrals; or, the property management practices of the Developer. I. EVICTION POLICY 1. Eviction may affect eligibility for relocation assistance and benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction may be undertaken for one, or more of the following reasons: (a) Failure to pay rent, except in those cases where the failure to pay is due to the owner's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Performance of a dangerous, and/or illegal act in the unit; (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 Developer. Prepared by Overland, Pacific & Cutler, Inc. Page 22 80A-32 Relocation Plan for the OHDC 1501 North Ross Street Rehabilitation Project J. PROJECTED DATES OF DISPLACEMENT It is anticipated that gO-day Notices-to-Vacate will be issued to the permanent displacees in spring 2006 and the first temporary relocatees approximately 60 days later. K. CITIZEN PARTICIPATION The Developer will fully meet its obligations under the Relocation Guidelines with respect to the following activities: 1. Full and timely access to documents relevant to the relocation program; 2. Provision of technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 3. Distribution of a general notice concerning the availability of this Plan for public review, as required, 30 days prior to its proposed adoption. Notice recipients will include affected Project residents and all other interested parties; 4. The opportunity to submit written or oral comments concerning the Plan and to have these comments attached to the Plan when it is forwarded to the Agency Board for adoption; 5. Final review of Plan to ensure its feasibility, compliance with applicable environmental standards and compatibility with the City's General Plan and relocation guidelines. L. ESTIMATED RELOCATION COSTS The Project will be funded with a combination of local, state, federal and Developer funds. The estimate of relocation benefits is based on tenant data and current market rental rates. Estimated relocation costs for the Project, including a 10% contingency are: Prepared by Overland, Pacific & Cutler, Inc. Page 23 80A-33 Relocation Plan for the OHDC 1501 North Ross Street Rehabilitation Project 1501 N Ross 10% Contingency TOTAL $94,000 $9.400 $103,400 The estimated relocation budget does not include consideration of relocation administrative services nor any related consulting services which may be necessary for the implementation of the Plan and Project. It does, however, assume that 50% of all temporary moves will require double moving allowance: to a temporary unit and back into the original unit. Prepared by Overland, Pacific & Cutler, Inc. Page 24 80A-34 80A-35 80A-36 OVERLAND, PACIFIC & CUTLER, INC. - RESIDENTIAL INTERVIEW FORM Interview Date: Site Move-In: Initiation of Ne otiations: interviewer: Head of Household ETHNICITY: D AFDC/TANF, Pension/SS, SSI ------------------------------------------ D White D Asian D Other Public Assistance Address: -------------------------------------- # --------- D Hispanic/Latino (ask for Entitlement Letter) Site Telephone # _________ Work/Cell # D African American ----------------- D Other________ D Elderly Household Fax # ----------- Email ----------------------------- D Handicapped Household: PRIMARY LANGUAGE: Describe: ------ Social Security Number _____________________ D English D Spanish D Other: Need Barrier-Free: Yes D No D ------ Occupancy Status: DOWn D Rent D Need access to public trans? Describe mode: ------- Dwelling Type ___________ Approx. Sq.Ft.__ Old all occupants move In at the same lime? Approximate Age of Unit: ____yrs.____ DYes DNa D Need to live near medical facilities? Describe location: # Bedrooms --- # Bathrooms -- # Rooms ___ D Laundry Fac. If not, when? --------- D Garage D Carport D Pets: If so, describe________ Occupant #1_______ ---------------- Condition of unit: D Excellent D Good D Fair D Poor DSpecial needs /service used: Occupant #2 _____ Describe: ---------- Owners: D Mortgage D Own Clear Occupant #3 ____ ------------- Monthly Payment: Principal $------ $---- --------------------- Occupant #4 ____ Loan Balance(s) as of ___: $______ Own Car? Yes D No D Loan Type: DFixed DVariable Annual % Rate --- Occupant #5 ___ Monthly Utllllles: Loan Type: D Fixed DVariable Annual % Rate --- Occupant #6 ___ Gas: D Tenant D Owner Original Date(s) of Current Loan(s) : __________ What --------- Rem. Loan Term Months Rem. Loan Term Months Occupant #7 ___ What ---- -- -------------------- Renters: D Total Monthly Rent:L_____ Landlord______ Preferred Relocation Area: Electricity: D Tenant D Owner Water: D Written Agreement Date___________ D Tenant D Owner Other: ---- D M/M D Lease D Vacant/No Contact Home business? ---- Appliances Owned by Tenant: Mobile Home: Size: ---- ftx ---- ft Description: DStove DRefrigerator DW/D Year: ---- Model: ----- Pad Rent: $ _____ D Other____ If Sect.8, Total Tenant Rent. $ Caseworker: ------------- Telephone #: -------- D Unit Furnished D Unit Unfurnished DSecurity Deposit? $---- Do you rent out any rooms in the dwelling? DYes DNa Ifso, names:_________________ If so, is person or persons considered part of household? DYes DNa 1 M F 2 M F 3 M F 4 M F 5 M F 6 M F 7 M F Notes: I certify that all the information on this survey is true and correct. Respondent; Date: Effective 8/03 80A-37 80A-38 The following figures are approved by the U. S. Department of Housing and Urban Development (H.U.D.) for use in the County of Orange to define and determine housing eligibility by income level. Figures are per the Department of Housing and Community Development, Division of Housing Policy Development, February 25, 2005. HUD Income Limits - Orange County (2005) Family Size Extremely Low Very Low Low Moderate 1 Person 16,150 26,900 43,000 63,600 2 Person 18,450 30,700 49,150 72,700 3 Person 20,750 34,550 55,300 81,750 4 Person 23,050 38,400 61,450 90,850 5 Person 24,900 41,450 66,350 98,100 6 Person 26,750 44,550 71 ,250 105,400 7 Person 28,550 47,600 76,200 112,650 8 Person 30,400 50,700 81,100 119,900 80A-39 80A-40 12/22/05 Iss RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY IN THE WILLARD NEIGHBORHOOD TO MEET FEDERAL AND STATE MANDATED REGULATIONS FOR PAYMENT OF RELOCATION BENEFITS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City and the Community Redevelopment Agency are providing acquisition and rehabilitation financing to Ross & Durant, L.P., for the purchase and rehabilitation of a multi-family housing unit on N. Ross Street. B. Ross & Durant is proposing to reconfigure the property located at 1501 N. Ross Street, presently consisting of 30 studio units, into thirteen one-bedroom and eleven two two-bedroom units. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. D. The Ross Street relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25) and Handbook 1378 of the United States Department of Housing and Urban Development. E. The relocation plan is required due to the temporary displacement of 24 households in the 1501 N. Ross Street acquisition and rehabilitation project. Temporary relocation needs will be met by utilizing available on-site units or units owned by the Developer less than a block away. Five household will be permanently displaced for not meeting the qualifying income criteria to return to the rehabilitated Project units. Section 2: The City Council hereby approves the relocation plan for the residential property located at 1501 N. Ross Street, and the establishment of an account in accordance with state and federal mandates for the payment of Resolution No. 2006- 80A-41 12/22/05 Iss relocation benefits to the temporarily and permanently displaced households in the Willard neighborhood. 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 ,2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2006- 80A-42 12/22/05 Iss CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006- 80A-43 RELOCATION PLAN FOR THE 1411 NORTH DURANT STREET REHABILITATION & AFFORDABLE HOUSING PROJECT Prepared for: THE CITY OF SANTA ANA'S COMMUNITY DEVELOPMENT AGENCY Presented by: OVERLAND, PACIFIC & CUTLER, INC. DECEMBER 1, 2005 EXHIBIT 5 80A-44 INTRODUCTION ............................................................. I. PROJECT LOCATION AND DESCRIPTION ................................. 2 A. LOCATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 B. PROJECT NEIGHBORHOOD CHARACTERISTICS. . . . . . . . . . . . . . . . . . . .. 3 C. PROJECT DESCRIPTION ......................................... 5 II. ASSESSMENT OF RELOCATION NEEDS .................................. 7 A. METHODOLOGY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 B. SURVEY RESULTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 1. Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 2. Household Income. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 3. Demographic Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 4. Profile of Potentially Displaced Residents. . . . . . . . . . . . . . . . . . . . . . .. 9 III. HOUSING RESOURCES ............................................... 10 IV. THE RELOCATION PROGRAM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES. . . . . . . . . .. 11 B. RELOCATION ADVISORY ASSISTANCE. . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 C. RELOCATION BENEFITS (FINANCIAL ASSISTANCE) ................. 13 1. Temporary Displacees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 2. Permanent Displacees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 3. Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS. .. 19 E. LAST RESORT HOUSING ........................................ 20 F. IMMIGRATION STATUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 G. RELOCATION TAX CONSEQUENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 H. GRIEVANCE PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22 I. EVICTION POLICY .............................................. 22 J. PROJECTED DATES OF DISPLACEMENT. . . . . . . . . . . . . . . . . . . . . . . . . .. 23 K. CITIZEN PARTICIPATION ........................................ 23 L. ESTIMATED RELOCATION COSTS ................................ 23 80A-45 Table 1: Project Neighborhood Amenities ......................................... 3 Table 2: Proposed Property Unit Mix by Affordability Levels ........................... 5 Table 3: Distribution of Households by Family Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Table 4: Income Levels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 Table 5: 2000 Census Population - City of Santa Ana & Tract 750.03 ................... 8 Table 6: Rental Unit Availability and Cost by Bedroom Size .......................... 10 Table 7: Schedule of Fixed Moving Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16 Table 8: Example Computation of URA Rental Assistance Payments .................. 18 Exhibit A: Exhibit B: Exhibit C: Residential interview Form HUD Income Limits - Orange County Plan Addendum (Public Comments & Response to Public Comments) 80A-46 Orange Housing Development Corp. (the Developer) has proposed the rehabilitation of 1411 North Durant Street into a mix of affordable housing units (the Project). In addition to interior and exterior rehabilitation activities, the Project involves the rehabilitation of the property from studio unit apartments to a mix of 1-, 2-, and 3-bedroom affordable housing units; reducing the overall number of units from 35 to 25 units. As a result of the planned rehabilitation, households will need to be displaced temporarily or on a permanent basis, subject to qualifying occupancy and income standards to return to the rehabilitated units. Funding for the Project will come from the Department of Housing and Urban Development (HUD) HOME program, administered through the City of Santa Ana's Community Development Agency (the Agency); Agency tax increment monies; tax credits; and, Developer funds. The use of HOME Program funds and the involvement of the Agency trigger the need to provide relocation assistance and benefits in accordance with federal law (42 U.S.C. 4601 et seq.), HUD relocation guidelines (HUD Handbook 1378), California relocation law (California Government Code Section 7260 et seq.) and the California relocation guidelines (California Code of Regulations Title 25 Chapter 6). Among the regulatory requirements applicable to the Project, is the need to prepare a relocation plan. The purposes of the relocation plan, in broad terms, are to address the needs of potential displacees, the availability of adequate replacement housing and the means by which required assistance will be provided. This relocation plan (the Plan) has been prepared by Overland, Pacific & Cutler, Inc. (OPC), a professional consulting firm specializing in public agency acquisition and relocation projects for submission to the Agency. The Plan is organized in 4 sections: Section I: Project description and general demographic data Section II: Profile of tenants who may be displaced Section III: Description of available housing resources Section IV: Description of the relocation assistance program Prepared by Overland, Pacific & Cutler, Inc. Pagel 80A-47 A. LOCATION The Project is located at 1411 North Durant Street in northern portion of the City of Santa Ana, to the west of Interstate 5 Freeway. The Project is generally bounded by West 15th Street to the north, West Washington Avenue to the south, North Broadway to the east and North Durant Street to the west. (see Figures 1 and 2). .... i ~~~~.~~. CI Figure 1: Regional Project Location Prepared by Overland, Pacific & Cutler, Inc. Page 2 80A-48 Relocation Plan for the OHDC 1411 North Durant Street Rehabilitation Project B. PROJECT NEIGHBORHOOD CHARACTERISTICS The Project is located in the high density residential area of the City of Santa Ana, close to schools, shopping and with easy access to the 1-5 Freeway. Table 1 lists some neighborhood amenities and their distance from the Project. Prepared by Overland, Pacific & Cutler, Inc. Page 3 80A-49 Relocation Plan for the OHDC 1411 North Durant Street Rehabilitation Pro;ect Table 1 : Project Neighborhood Amenities Facility Miles from Project Medical . Kindred Hospital Santa Ana 1.1 . S1. Joseph Hospital 1.5 . Children's Hospital of Orange 1.6 . Kaiser Permanente Medical Care 1.9 . Western Medical Center 2.2 School . Migrant Head Start 0.1 . Willard Intermediate School 0.1 . Storybook Preschool 0.2 . Davis Elementary School 0.5 . Gloria's Daycare 0.6 . Wilson Elementary School 0.6 . Mendez Intermediate School 0.7 . Santa Ana High School 0.9 . Century High School 2.2 Library . Santa Ana Public Library 0.6 . Orange Public Library 2.4 . Sunkist Library 4.8 . Anaheim Public Library 5.7 Entertainment . Old Courthouse Museum 0.5 . Fiesta Twin Theatre 0.7 . Empire Theatre 0.8 . Maverick Theater 2.0 . Santa Ana Zoo 2.0 . Edward's Bristol IV Cinema 4.2 Police/Safety . Orange County Sheriff Department 0.4 . Santa Ana Police 0.6 . Santa Ana Disaster Services 2.0 Shopping . Big Saver Foods 0.1 . Santa Rosa Market 0.3 . Westfield Shopping Mainplace 1.3 . Block at Orange 2.0 Transportation . Greyhound - Santa Ana 0.9 . Amtrak - Santa Ana 0.9 . Amtrak - Anaheim 3.2 . Greyhound - Anaheim 4.4 Prepared by Overland, Pacific & Cutler, Inc. Page 4 80A-50 Relocation Plan for the OHDC 1411 North Durant Street Rehabilitation Pro;ect C. PROJECT DESCRIPTION The Project involves the rehabilitation of 1411 North Durant Street. Currently the property is made up of studio apartments which will be converted into affordable 1-, 2-, and 3- bedroom apartments. Additionally, interior rehabilitation activities will include replacement of major kitchen appliances, new paint and bathroom enhancements as well as replacement of floor coverings, doors and windows. Exterior improvements will include the addition, repair or replacement of roofs, staircases, balconies, landscaping, water heaters, decking, trash enclosures, parking lots and building facades. The property at 1411 North Durant currently has 35 studio units and 1 office. The proposed rehabilitation will create 5 one-bedroom, 10 two-bedroom and 10 three-bedroom apartment units and will have a mix of affordability levels based on area median income (AMI) levels determined by HUD, from levels between 40% - 60%. One two-bedroom unit will be created without an affordability level for use by the Apartment Manager. The proposed affordability levels are shown in Table 2, below: Table 2: Proposed Property Unit Mix by Affordability Levels Unit Type 40% AMI 50% AM I 60% AM I Total DURANT One Bedroom 1 4 5 Two Bedroom* 1 3 5 9 Three Bedroom 2 3 5 10 Total 4 6 14 24 *Plus one (1) two-bedroom Managers unit not at an affordable level The Developer is proposing to undertake all needed improvements to the individual units, up to 6 units at a time. The rehabilitation and construction cycle will last between 3 weeks to 1 month per unit and the construction is expected to begin immediately following the Agency approval in June 2006. As a result of the rehabilitation, residents will be required to move either temporarily or permanently from their units. Upon completion of the rehabilitation, residents who meet qualifying occupancy and income standards will be able to return to a rehabilitated unit. Prepared by Overland, Pacific & Cutler, Inc. PageS 80A-51 Relocation Plan for the ORnC 1411 North Durant Street Rehabilitation Project Those households which do not meet qualifying occupancy and income standards, will be permanently displaced and provided appropriate and eligible relocation advisory and monetary assistance. Prepared by Overland, Pacific & Cutler, Inc. Page 6 80A-52 A. METHODOLOGY To obtain information necessary for the preparation of this Plan, interviews were conducted over a two week period in November 2005. Inquiries made of residential occupants concerned household size and composition, income, monthly rent, length of occupancy, ethnicity, home language, and physical disabilities. A sample of the residential interview form used in the interview process is presented in Exhibit A. Interviewers were successful in obtaining survey responses from 29 of 32 occupied households. Despite several attempts, 3 households could not be reached. Additional information gathered by the Developer from Project households was utilized for preparation of this Plan to confirm and, when available, add to information obtained from interviews. Three units were confirmed vacant at the time of the interviews. B. SURVEY RESULTS The known resident population within the Project totals 99 individuals. Among this group, there are 61 adults and 38 children. The 35 units included in this Plan now contain 35 rentable studio apartments. An additional space is used as the manager's office and is not a legal unit for habitation. 1. Occupancy The breakdown of households by family size is as follows: Table 3: Distribution of Households by Family Size (30 households) # in Household 2 3 4 5 6 # of Households @ 1411 N Durant 3 6 6 9 6 0 There is an average of 3.3 occupants per unit in the Project. In accordance with the local housing codes and the proposed rehabilitation, all households would meet Prepared by Overland, Pacific & Cutler, Inc. Page 7 80A-53 Relocation Plan for the OHDC 1411 North Durant Street Rehabilitation Project necessary occupancy standards to be able to return to a rehabilitated unit in the Project. 2. Household Income Income data were obtained from 30 households. According to income standards for the County of Orange (Exhibit B) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD), 5 Project area tenant households qualify as extremely low income (30% or less of median), 8 qualify as very low income (31%-50% of median), 14 as low income (51%-80% of median), 2 as moderate income (81%-120% of median), and 1 qualifies as above moderate income (over 120% of median). Table 4, below, identifies the breakdown between the income levels. The range of reported annual household incomes among the 59 respondents was $12,000-$99,175. Table 4: Income Levels (30 households) Location Extremely Low Very Low Low Moderate High 1411 N Durant 5 8 14 2 3. Demographic Summary Of the 99 currently known residents, there are 61 adults and 38 children. The ethnic distribution in the Project is 100% Hispanic with Spanish reported as their primary household language in majority of households. This generally resembles the rankings and pattern in the Census Tract Area but deviates from the overall Census figures for the City, shown in Table 5, below. Table 5: 2000 Census Population - City of Santa Ana & Tract 750.03 Population Tract 750.03 % City % White 3,152 38.3% 144,425 42.7% Black or African American 102 1.2% 5,749 1.7% American Indian and Alaska Native 145 1.8% 4,013 1.2% Prepared by Overland, Pacific & Cutler, Inc. Page 8 80A-54 Relocation Plan for the OHDC 1411 North Durant Street Rehabilitation Project Asian 38 0.5% 29,778 8.8% Native Hawaiian and Other Pacific 0 0.0% 1,160 0.3% Islander Some Other Race 4,367 53.0% 137,360 40.6% Two or More Races 428 5.2% 15,492 4.6% Hispanic or Latino (of Any Race) 7,773 94.4% 257,097 76.1% Source: 2000 U.S. Census 4. Profile of Potentially Displaced Residents Funding source requirements limit occupancy in the Project to those households which earn less than 60% of the median income standard adjusted for family size as established by the United States Department of Urban Development (HUD) (See Exhibit B). Based upon the most currently available tenant income data, there are 11 households whose income exceeds the permitted limit at the 1411 North Durant location. Of the 11 Project households to be permanently displaced for not meeting the qualifying income criteria to return to the rehabilitated Project units, 5 will require studio replacement units, 3 will need a one-bedroom and 3 will be referred to the two-bedroom units based on a typical occupancy standards allowing up to 3 persons in a one-bedroom and up to 5 people in a two-bedroom unit. There are no senior households (head of household 62 years or older) nor any reported disabilities that could affect the relocation process. When asked, most of the respondents prefer to remain in the Santa Ana neighborhood to remain close to employment and schools children attend. Prepared by Overland, Pacific & Cutler, Inc. Page 9 80A-55 Rehabilitation work in the Project will result in the need to temporarily displace 19 residents from their units. Temporary relocation needs will be met by utilizing available on-site units. The Developer anticipates that all households will be accommodated on-site and no temporary units off-site will be required. Due to the rehabilitation work and income criteria, 11 households will not be able to return to the Project once the units are rehabilitated. Forthe purpose of this Plan, the assumption was made that the 2 non-contacted units will not meet the income criteria and will need to be permanently relocated; thereby making the total number of permanent displaced households to be 13. For purposes of determining the availability of rental housing resources for the permanent displacees within the City of Santa Ana, a survey was conducted during the month of November 2005. The results, summarized below in Table 6, indicate the number of found & needed units by bedroom size, the cost range in each category and median market rent for each category. Table 6: Rental Unit Availability and Costby Bedroom Size Studio 1 bedroom 2 bedroom 3 bedroom # Found (# needed) 41 (5) 77 (3) 71 (3) 21 (2)* Rent Range $550-$1,180 $795-$1,350 $895-$1,870 $1,250-$2,100 Market Median Rent $825 $950 $1,295 $1,600 *Assumption made that the 2 no-contact households would require a 3-bedroom unit It is expected that there will be more than adequate resources to house the 13 permanent displacees given the balance between needs and available resources. Concurrent Displacement There are no known projects that are planned concurrently with this project in the City of Santa Ana or surrounding areas that would compete with existing or anticipated housing resources. Prepared by Overland, Pacific & Cutler, Inc. Page 10 80A-56 The relocation program and assistance offered by the Developerwill conform to provisions of the California Relocation Law, Government Code Section 7260 et seq., the California Relocation Guidelines, California Code of Regulations Title 25, Chapter 6, as amended January 1, 1998, the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), as appropriate. A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES To meet its regulatory obligations, the Developer will: 1. Fully inform eligible project occupants of the nature of, and procedures for obtaining relocation assistance and benefits, including the date and approximate duration of temporary relocation. 2. Determine the needs of each residential displacee household eligible for assistance. 3. Provide an adequate number of referrals with addresses to comparable, decent, safe and sanitary housing units within a reasonable time prior to displacement and supply information concerning the terms and conditions under which the tenant may lease and occupy said housing. 4. Assure that no residential occupant is required to move without a minimum of 90 days written notice to vacate. 5. Provide assistance that does not result in different, or separate treatment due to race, color, religion, national origin, sex, sexual orientation, marital status, or other arbitrary circumstances. 6. Supply information concerning federal, and state housing programs and other governmental programs providing assistance to displaced persons, as needed. Prepared by Overland, Pacific & Cutler, Inc. Page 11 80A-57 Relocation Plan for the OHDC 1411 North Durant Street Rehabilitation Pro;ect 7. Assist each eligible person to complete applications for benefits. 8. Make relocation benefit payments in accordance with State and HUD guidelines. 9. Inform all persons of the Developer's property management policies including criteria for pursuing tenant evictions. B. RELOCATION ADVISORY ASSISTANCE As a function of the overall relocation assistance program, technical and advisory assistance will be provided to all residents by Agency staff, the Developer and contracted relocation representatives. The following services and tasks will be undertaken: 1. Each displaced household will be personally interviewed to gather information appropriate to determine needs and preferences with regard to the replacement of existing accommodations. Inquiries made of residential occupants by relocation personnel will cover the following areas: family size, ethnic background, immigration status, age and health considerations, current employment status, family income, transportation needs, and preferences relative to replacement housing. 2. Non-displaced residents (temporary) will be provided appropriate notices and information informing them not to move permanently and the opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the Project, under reasonable terms and conditions, upon completion of the project; reimbursement of any out-of-pocket costs; and other advisory services. 3. A printed Informational Brochure will be provided to all displaced households. Informational Brochures will be provided in Spanish, as necessary. Signed acknowledgments will be obtained to verify receipt of this material. 4. As soon as feasible, the relocation representative shall explain the relocation payments and other assistance for which households and individuals may be Prepared by Overland, Pacific & Cutler, Inc. Page 12 80A-58 Relocation Plan/or the OHDC 1411 North Durant Street Rehabilitation Project eligible, including related eligibility requirements and the procedures for obtaining such assistance. 4. Assistance will be provided to complete rental application forms and coordinate move-in arrangements. Temporary displacees will be kept informed of project timing and receive appropriate notice to prepare for required moves. Claims for compensable expenses associated with the temporary displacement process will be processed expeditiously. 5. Special assistance in the form of referrals to governmental and social service agencies will be made, as appropriate. 6. Bilingual (Spanish-English) assistance will be provided, as needed. C. RELOCATION BENEFITS (FINANCIAL ASSISTANCE) Relocation benefits will be offered to all households temporarily or permanently displaced in accordance with the California Relocation Law, Government Code Section 7260 et seq., the California Relocation Guidelines, California Code of Regulations Title 25, Chapter 6, as amended January 1 , 1998, the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), as appropriate. Benefits will be paid to eligible displaced persons upon submission of required documentation in accordance with approved procedures. Eligibility requirements and benefit plans will be discussed with all temporary and permanent displacees. In the course of personal interviews and follow-up visits, each displacee will be counseled as to available options and the consequences of any choice with respect to housing choices and potential financial assistance. The Developer will process advance payment requests in order to alleviate hardships for tenants who do not have access to sufficient funds to pay move-in costs such as first month's rent and/or security deposits. Requests for advance payments will be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing. Prepared by Overland, Pacific & Cutler, Inc. Page 13 80A-59 Relocation Plan for the OHDC 1411 North Durant Street Rehabilitation Project The relocation process includes: household interviews; needs analyses; appropriate replacement housing referrals; preparation and service of appropriate notices; file documentation, eligibility determinations, processing of claims; moving coordination; and other general services intended to assist displacees. 1. Temporary Displacees Temporary displacees will be offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation including, but not limited to, the cost of moving to and from the temporarily occupied unit, furniture storage, utility connection charges, and any increase in housing costs, if any. Additionally, temporary displacees will be provided a timely written Notice of Non- Displacement containing an offer to lease and occupy a suitable, decent, safe and sanitary dwelling in the same Project, under reasonable terms and conditions upon completion of the Project. Such reasonable terms and conditions shall include a term of at least one year at a monthly rent and estimated average monthly utility costs that do not exceed the greater of: (a) The tenant's monthly rent before displacement and estimated average monthly utility costs; or (b) The total tenant payment if the tenant is low-income or 30 percent of gross income if the tenant is not low income. In accordnce with HUD guidelines, "total tenant payment" is the highest of: (1) 30% of a person's monthly adjusted income; (2) 10% of the person's monthly gross income; or (3) The designated allowance for rent and utility costs, if the person is receiving welfare assistance from a public agency and part of such assistance, adjusted in accordance with the person's actual housing costs, is specifically designated by the public agency to meet the person's rent and utility costs Prepared by Overland, Pacific & Cutler, Inc. Page 14 80A-60 Relocation Plan for the OlIDC 1411 North Durant Street Rehabilitation Project 2. Permanent Displacees a. Residential Moving Expense Payments All residential occupants to be 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. i. 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 either case. In addition to the actual move, costs associated with utility re-connections (Le., gas, water, electricity, telephone, and cable, if any), are eligible for reimbursement. ii. 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 full responsibility for the move. The fixed payment includes all utility connections as described in (a), above. At a minimum, the fixed schedule payment for single occupancy efficiency units, furnished with the tenants own personal property, is $625 including all utility connections at the replacement location. The current schedule for fixed moving payments is set forth in Table 7 following: Prepared by Overland, Pacific & Cutler, Inc. Page 15 80A-61 Relocation Plan for the OHDC 1411 North Durant Street Rehabilitation Project Table 7: Schedule of Fixed Moving Payments (effective 6-15-05) Unfurnished Dwelling One room $625 Two rooms $800 Three rooms $1,000 Four rooms $1,175 Five rooms $1,425 Six rooms $1,650 Seven rooms $1,900 Eight rooms $2,150 each additional room $225 Furnished Dwelling First Room $400 Each additional room $65 b. Rental Assistance To qualify for a rental assistance payment, tenants who are permanently displaced must have legally occupied their Project residence for a minimum of 90 days prior to the Developer's executed Agreement between the Agency and acquisition ofthe property. To be eligible to receive the rental assistance benefits the displaced tenant households have 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. Tenants who occupied the property less than 90 days and have not occupied the property for the sole purpose of obtaining benefits, may be entitled to benefits under Last Resort Housing provisions. Based upon the available data regarding Project displacees, the permanently displaced households may qualify and may be eligible to apply for relocation benefits under URA provisions. Prepared by Overland, Pacific & Cutler, Inc. Page 16 80A-62 Relocation Plan/or the OHDC 1411 North Durant Street Rehabilitation Project 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 Developer. 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 B. 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. Utility allowance amounts are based upon the standards of the local housing authority for a comparable type dwelling unit and the utility services the occupant is required to pay, such as, gas, water and electric utilities. Prepared by Overland, Pacific & Cutler, Inc. Page17 80A-63 Relocation Plan for the OHDC 1411 North Durant Street Rehabilitation Project Table 8 portrays the benefits determination under the URA: Table 8: Example Computation of URA Rental Assistance Payments 1. Old Rent $650 Old Rent, plus Utility Allowance or 2. Ability to Pay $700 30% of the Gross Household Income 3. Lesser of lines 1 or 2 $650 Base Monthly Rental Subtracted From: 4. Actual New Rent $750 Actual New Rent including Utility Allowance or 5. Comparable Rent $775 Determined by Authority; includes Utility Allowance 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 c. Downpayment Assistance The displacee household may opt to apply the entire benefit amount they are eligible for toward a purchase of a replacement unit (Guidelines 49 CFR 24.402(b) and HUD 1378). Permanently displaced households, who choose 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 down payment and eligible, incidental costs associated with the purchase of a decent, safe, and sanitary replacement home. 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. Prepared by Overland, Pacific & Cutler, Inc. Page 18 80A-64 Relocation Plan for the OHDC 1411 North Durant Street Rehabilitation Pro;ect 3. Summary All Project area residents will be personally informed in writing of their status as a temporary or permanent displacee and will be provided advance written notice ofthe date, approximate duration and location of the temporary dwelling to be made available. Each affected household will receive printed information concerning the benefits and assistance to which they may be entitled. Temporary households will be informed of the terms and conditions under which the tenant may lease and occupy a suitable dwelling in the Project upon completion of the project. Temporary displacees will be provided compensation for reasonable and necessary out-of-pocket expenses. All temporary displacement needs will be accommodated on-site and should not exceed 60 days. The Developerwill make timely payments to all eligible claimants. This may include, where necessary to avoid hardship, advance payments to help secure appropriate replacement housing. D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the Developer no later than 18 months from the date the claimant moves from the Project. 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 to the Developer's relocation representative. 2. Recommended assistance amounts will be determined by the Developer's relocation representative in accordance with the provisions of URA. 3. Required claim forms will be prepared by the Developer's relocation representative for claimant signature. 4. Claims will be submitted by the Developer's relocation representative to the Developer for review, approval, and payment. Prepared by Overland, Pacific & Cutler, Inc. Page 19 80A-65 80A-66 Relocation Plan/or the OHDC 1411 North Durant Street Rehabilitation Project 5. Benefit checks will be issued to the Developer's relocation representative for distribution to claimants. 6. Replacement housing payments to residential occupants will be issued approximately three weeks after confirmation that the Project premises have been vacated and residency at the replacement unit is verified, with final payments being made as a lump sum or possibly on a periodic basis. 7. Receipts of payment will be obtained and archived by the Developer's relocation representative in individual relocation case files. 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 within the maximum relocation amounts provided by the applicable regulations. Specifically, when the computed replacement housing assistance eligibility exceeds $5,250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceed 30% of the person's average monthly income. Therefore, ifthe Project proceeds, the Developerwill authorize its funds or funds authorized for the Project to provide housing of last resort. Due to the demonstrated number of available replacement housing resources for the occupants, as shown above in Section III, development of a replacement housing plan to produce sufficient nu mber 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; hence, satisfying the requirement that "comparable replacement housing" be available. A permanently displaced household will be entitled to consideration for supplementary benefits in the form of Last Resort Housing assistance when comparable replacement dwellings are not available within the monetary limits for tenants ($5,250) as specified above in Section IV, C. 2. b., as well as, for tenants who fail to meet the 90 day length of occupancy requirement unless such tenant occupied the property for the purpose of obtaining assistance and benefits. Prepared by Overland, Pacific & Cutler, Inc. Page 20 80A-67 Relocation Plan for the OHDC 1411 North Durant Street Rehabilitation Project The Developer will make Last Resort rental assistance payments on a periodic basis. Recipients of Last Resort assistance who intend to purchase rather than re-rent replacement housing, have the right to request a lump sum payment of all benefits for the purpose of making a downpayment and paying standard, non-recurring closing costs. Displacee households receiving periodic payments may elect, at any time, to request a lump sum payment of all remaining benefits to assist with the purchase of a decent, safe, and sanitary dwelling. F. IMMIGRATION STATUS Federal legislation (PL 105-117) 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. The Developer may elect to authorize the payment of relocation assistance benefits to any otherwise eligible displacee from non-federally authorized reimbursable funds. In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration status information from each displacee 18 years and older. G. RELOCATION TAX CONSEQUENCES In general, relocation payments are not considered income for the purpose of the Internal Revenue Code of 1968, or the Personal Income Tax Law, Part 10 of the Revenue and Taxation Code. Displaced persons are encouraged, however, to consult with personal tax advisors concerning the tax consequences or social service providers to obtain information concerning the tax consequences associated with relocation payments. Prepared by Overland, Pacific & Cutler, Inc. Page 21 80A-68 Relocation Plan/or the OHDC 1411 North Durant Street Rehabilitation Project H. GRIEVANCE PROCEDURES The Developer will follow the Agency's Grievance Policy which generally follows the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. All displaced persons have the right to ask for administrative review concerning determinations of eligibility; relocation payment amount; the failure by the Developer to provide comparable replacement housing referrals; or, the property management practices of the Developer. I. EVICTION POLICY 1. Eviction may affect eligibility for relocation assistance and benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction may be undertaken for one, or more of the following reasons: (a) Failure to pay rent, except in those cases where the failure to pay is due to the owner's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Performance of a dangerous, and/or illegal act in the unit; (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 Developer. Prepared by Overland, Pacific & Cutler, Inc. Page 22 80A-69 Relocation Plan for the OHDC 1411 North Durant Street Rehabilitation Project J. PROJECTED DATES OF DISPLACEMENT It is anticipated that gO-day Notices-to-Vacate will be issued to the permanent displacees in spring 2006 and the first temporary relocatees approximately 60 days later. K. CITIZEN PARTICIPATION The Developer will fully meet its obligations under the Relocation Guidelines with respect to the following activities: 1. Full and timely access to documents relevant to the relocation program; 2. Provision of technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 3. Distribution of a general notice concerning the availability of this Plan for public review, as required, 30 days prior to its proposed adoption. Notice recipients will include affected Project residents and all other interested parties; 4. The opportunity to submit written or oral comments concerning the Plan and to have these comments attached to the Plan when it is forwarded to the Agency Board for adoption; 5. Final review of Plan to ensure its feasibility, compliance with applicable environmental standards and compatibility with the City's General Plan and relocation guidelines. L. ESTIMATED RELOCATION COSTS The Project will be funded with a combination of local, state, federal and Developer funds. The estimate of relocation benefits is based on tenant data and current market rental rates. Estimated relocation costs for the Project, including a 10% contingency are: Prepared by Overland, Pacific & Cutler, Inc. Page 23 80A-70 Relocation Plan for the OHDC 1411 North Durant Street Rehabilitation Project 1411 N Durant 10% Contingency TOTAL $144,000 $14.400 $158,400 The estimated relocation budget does not include consideration of relocation administrative services nor any related consulting services which may be necessary for the implementation of the Plan and Project. It does, however, assume that 50% of all temporary moves will require double moving allowance: to a temporary unit and back into the original unit. Prepared by Overland, Pacific & Cutler, Inc. Page 24 80A-71 80A-72 80A-73 OVERLAND, PACIFIC & CUTLER, INC. - RESIDENTIAL INTERVIEW FORM Interview Date: Site Move-In: Initiation of Ne otiations: interviewer: Head of Household ETHNICITY: D AFDC/TANF, Pension/SS, SSI ------------------------------------------ D White D Asian D Other Public Assistance Address: -------------------------------------- # ---------- D Hispanic/Latino (ask for Entitlement Letter) Site Telephone # _________ Work/Cell #________ D African American D Elderly Household D Other_____ Fax # --------- Email --------------- D Handicapped Household: PRIMARY LANGUAGE: Describe: ------- Social Security Number _______________ D English D Spanish D Other: Need Barrier-Free: Yes D No D ----- Occupancy Status: DOwn D Rent D Need access to public trans? Describe mode: ------ Dwelling Type ______ Approx. Sq.Ft.___ Old all occupants move In at the same time? Approximate Age of Unit: ___yrs.__ DYes D No D Need to live near medical facilities? Describe location: # Bedrooms ---- # Bathrooms -- # Rooms __ D Laundry Fac. If not, when? ------------ D Garage D Carport D Pets: If so, describe___________ Occupant #1 ------------ Condition of unit: D Excellent D Good D Fair D Poor DSpecial needs /service used: Occupant #2 ______ Describe: ------- Owners: D Mortgage D Own Clear Occupant #3 ______ ------------- Monthly Payment: Principal $------- $ ----------- Occupant #4 ___ Loan Balance(s) as of ____: $ Own Car? Yes D No D Loan Type: D Fixed DVariable Annual % Rate -- Occupant #5 Monthly Utilities: Loan Type: D Fixed DVariable Annual % Rate ---- Occupant #6 ___ Gas: D Tenant D Owner Original Date(s) of Current Loan(s) : ______ What ----------- Rem. Loan Term Months Rem. Loan Term Months Occupant #7 ______ What ---- -- ---------------------- Renters: D Total Monthly Rent:L___ Landlord______ Preferred Relocation Area: Electricity: D Tenant D Owner Water: D Written Agreement Date________ D Tenant D Owner Other: ----- D M/M D Lease D Vacant/No Contact Home business? ---- Appliances Owned by Tenant: Mobile Home: Size: ----- ftx ---- ft DStove DRefrigerator DWID Description: Year: ----- Model: ------ Pad Rent: $ --- D Other____ If Sect.8, Total Tenant Rent. $ Caseworker: ----------- Telephone #: -------- D Unit Furnished D Unit Unfurnished DSecurity Deposit? $----- Do you rent out any rooms in the dwelling? DYes D No Ifso, names:_________________ If so, is person or oersons considered part of household? DYes DNa 1 M F 2 M F 3 M F 4 M F 5 M F 6 M F 7 M F Notes: I certify that all the information on this survey is true and correct. Respondent:_ Date: Effective 8/03 80A-74 80A-75 The following figures are approved by the U. S. Department of Housing and Urban Development (H.U.D.) for use in the County of Orange to define and determine housing eligibility by income level. Figures are per the Department of Housing and Community Development, Division of Housing Policy Development, February 25, 2005. HUD Income Limits - Orange County (2005) Family Size Extremely Low Very Low Low Moderate 1 Person 16,150 26,900 43,000 63,600 2 Person 18,450 30,700 49,150 72,700 3 Person 20,750 34,550 55,300 81,750 4 Person 23,050 38,400 61,450 90,850 5 Person 24,900 41 ,450 66,350 98,100 6 Person 26,750 44,550 71,250 105,400 7 Person 28,550 47,600 76,200 112,650 8 Person 30,400 50,700 81,100 119,900 80A-76 80A-77 12/22/05 155 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY IN THE WILLARD NEIGHBORHOOD TO MEET FEDERAL AND STATE MANDATED REGULATIONS FOR PAYMENT OF RELOCATION BENEFITS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City and the Community Redevelopment Agency are providing acquisition and rehabilitation financing to Ross & Durant, L.P., for the purchase and rehabilitation of a multi-family housing unit on N. Durant Street. B. Ross & Durant is proposing to reconfigure the property located at 1411 N. Durant Street, presently consisting of 35 studio units, into five one-bedroom, ten two-bedroom and ten three-bedroom units. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. D. The Ross Street relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25) and Handbook 1378 of the United States Department of Housing and Urban Development. E. The relocation plan is required due to the temporary displacement of 19 households in the 1411 N. Durant Street acquisition and rehabilitation project. Temporary relocation needs will be met by utilizing available on-site units. Thirteen households will be permanently displaced for not meeting the qualifying income criteria to return to the rehabilitated Project units. Section 2: The City Council hereby approves the relocation plan for the residential property located at 1411 N. Durant Street, and the establishment of an account in accordance with state and federal mandates for the payment of Resolution No. 2006- 80A-78 12/22/05 Iss relocation benefits to the temporarily and permanently displaced households in the Willard neighborhood. 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 ,2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2006- 80A-79 12/22/05 Iss CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006- 80A-80