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HomeMy WebLinkAbout120307 Loan Agmts Townsend and Raitt, LLC Auth of Reloc PlansREQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: DECEMBER 3, 2007 LOAN AGREEMENTS WITH TOWNSEND & RAITT, LLC AND AUTHORIZATION OF RELOCATION PLANS CITY MANAGER XECUTIVE IRECTOR CLERK OF COUNCIL USE ONLY: M0 -ho14; q /Jarez Z4d : mac, rrii APPROVED As Recommended - ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO %z '71 Zoo? pef -:5O� NCSa�oo . FILE NUMBER u U COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTT At its Regular Meeting of November 20, 2007, the Community Redevelopment and Housing Commission voted against recommending the actions for City Council and Community Redevelopment Agency consideration listed below by a vote of 2:3 (Pedroza, Rodriguez, Vasquez: No; Turner: absent), respectively. The questions and concerns raised by the Community Redevelopment and Housing Commission members included the following: Need for Recommendation at Meeting; Alternative Funding Sources; Timing of Acquisition; Identification of Location; Neighborhoods with Similar Need; Availability of Social Services; Temporary Relocation; and Remaining Tax Increment Funds. Staff had recommended approval because the proV4) activity would continue to expand the City's historic efforts and commitment to stabilize neighborhoods and provide quality affordable housing opportunities. The amount of per unit subsidy is consistent with prior approved projects. This was an opportunity to begin stabilization of this neighborhood utilizing funding which is designated for the expansion and preservation of affordable housing. RECOMMENDED ACTION Deny. If the City Council wishes to approve this project, the following actions are necessary. 3 -1 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plans December 3, 2007 Page 2 CITY COUNCIL ACTION 1. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 701 S. Townsend Street in an amount not to exceed $545,712 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 2. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 709 S. Townsend Street in an amount not to exceed $682,140 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 3. Adopt a resolution approving the Relocation Plan for residential properties located at 701 and 709 S. Townsend Street. 4. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 817 S. Townsend Street in an amount not to exceed $409,284 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 5. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 821 S. Townsend Street in an amount not to exceed $409,284 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 6. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 834 S. Raitt Street in an amount not to exceed $545,712 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 7. Adopt a resolution approving the Relocation Plan for residential properties located at 817 and 821 S. Townsend Street, and 834 S. Raitt Street. 3 -2 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plans December 3, 2007 Page 3 COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 701 S. Townsend Street in an amount not to exceed $1,200,326 and authorize the Executive Director or designee to execute all required documents. 2. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 709 S. Townsend Street in an amount not to exceed $1,063,898 and authorize the Executive Director or designee to execute all required documents. 3. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 817 S. Townsend Street in an amount not to exceed $1,333,201 and authorize the Executive Director or designee to execute all required documents. 4. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 821 S. Townsend Street in an amount not to exceed $1,436,203 and authorize the Executive Director or designee to execute all required documents. 5. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 834 S. Raitt Street in an amount not to exceed $1,365,662 and authorize the Executive Director or designee to execute all required documents. DISCUSSION The City of Santa Ana has recently formed an interagency task force comprised of the Police Department, Public Works, Planning and Building and the Community Development Agency for the purpose of addressing the multiple quality of life issues that exist in the Townsend - Raitt area. This area is bounded by Raitt Street on the east, McFadden Avenue on the south, an alley on the west, and Monts. Vista Street on the north. In a survey conducted by the task force, two of the major issues identified by tenants as impacting the quality of their lives are the dilapidated housing and the high cost of rents. Census updates indicate that in 3 -3 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plans December 3, 2007 Page 4 2006 the median household income in this area was $33,304, while it was $54,000 for the City as a whole and $78,300 for Orange County. Townsend & Raitt, LLC is comprised of Orange Housing Development Corporation, a non - profit 501(c) (3) (OHDC) , and C & C Development Co., LLC. They are currently in escrow to purchase and rehabilitate four 10 unit and one 11 unit apartment buildings in this area. These units are located at 701, 709, 817 and 821 S. Townsend Street and 834 S. Raitt Street (Exhibit 1). Both OHDC and C & C Development have many years of successful experience owning and operating apartment buildings in other areas facing similar challenges. In Santa Ana they own and operate twenty buildings in the Cornerstone Village project area and recently acquired seventeen buildings in the Wilshire- Minnie area. Part of their success stems from their practice of hands -on management with an emphasis on fair and consistent enforcement of lease agreement conditions. Fifty of the fifty -one total units will be restricted to occupancy by fifty percent (very low - income) of the Area Median Income (AMI) . One unit will be reserved for the manager. Rents for one - bedroom units will be $781 and $935 for two- bedroom units. Current residents whose incomes exceed eighty percent of the AMI will be allowed to remain. Rents for these households will be increased to either thirty percent of their monthly household income or market rent for the neighborhood, whichever is lower. The total cost to acquire and rehabilitate the five buildings is $11,008,813. In addition to the City and Agency loans, funding sources include below market rate community investment loans in a total amount of $2,017,391 from Washington Mutual Bank. Exhibit 2 includes a summary of the sources and uses. Other funding sources were evaluated by CST Advisors, the Agency's financial advisor, to determine if the City and Agency resources could be further leveraged. These sources included tax - exempt mortgage revenue bonds and Low - Income Housing Tax Credits (LIHTC). The difference between the interest rates available through tax exempt bonds and the Washington Mutual loan offered through its Community Lending Division was negligible due to the nominal amount of supportable first trust deed and the high cost of issuance of tax exempt bonds. In regard to the LIHTCs, there would be an exit tax liability of approximately $1 million to the tax credit partners. This liability occurs because the financial benefit received by the tax credit partners exceeds the initial investment. As a result of the very low- income rents, it is not 3 -4 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plans December 3, 2007 Page 5 possible for the project to generate the income necessary to meet this additional obligation. When a Redevelopment Agency enters into an agreement for the acquisition or disposition and development of property, which agreement would lead to the displacement of people from their homes, the legislative body must adopt, by resolution, a relocation plan. The draft Relocation Plans for 701 S. Townsend Street and 709 S. (Exhibit 3) and for 817 S. Townsend, 821 S. Townsend and 834 S. Raitt (Exhibit 4) 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 potential for temporary relocation of households. The plan for 701 and 709 S. Townsend does not foresee a need for any permanent relocation of households, and estimates the cost of temporary relocation at $22,500. The draft plan for 817 S. Townsend, 821 S. Townsend and 834 S. Raitt does not foresee a need for any permanent relocation of households, and estimates the cost of temporary relocation at $45,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2007 -201 will be filed for this project. FISCAL IMPACT Funds for the acquisition and rehabilitation loans are available in the HOME Program in the amount of $2,592,132 (account no. 130 - 148 -6951) and Tax Increment Housing Set -Aside Fund in the amount of $6,399,290 (account no. 507 - 936- 6951). 4 ell Landry iiayle Housi g Manager Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: "c�@C1tC 1pp��,y�� xs Francisco Gutierrez Executive Director Finance & Management Services Agency SGH /SLB /mlr E: \ACTION ITEMS \C0UNCIL \2007 CC \ST CC -CRA LoanAgreeTownsendRaitt &AuthorofRel,CPlans 12- 3- 07.doc 3 -5 THIS PAGE LEFT INTENTIONALLY BLANK. ■ \ « § § �. R* v# &G« � ��\ �� MCFADDEN A++ 0 701 Townsend Street iJme Street 817 Townsend Exhibit 0 821 Townsend Street . 08:#Street \ \ CUBBON ST .�� \ O ; ) \ ( / ) \ \\\ e, =<§ )� \�} \R/ }�\ ) \ \ \\ (® \5/ \ ` e \ B% k�(7 }� \) a =o z \ ƒ\ \ {\ //\ \/ e© P4 )\ a )\ 4 ) ) \�\ j ! / ƒ \ / ) \ J u« \/ j ) 701-709S. Townsend Sheet Project DRAFT RELOCATION PLAN Prepared for: Orange Housing Development Corporation & C &C Development Co., LLC 1110 E. Chapman Avenue, Suite 200 Orange, CA 92866 (714) 288 -7600 Overland, Pacific & Cutler, Inc. 10 Hughes, Suite A207 Irvine, California 92618 949 -951 -5263 October 30, 2007 EXHIBIT 3 TABLE OF CONTENTS INTRODUCTION 1 I. PROJECT DESCRIPTION 2 A. REGIONAL LOCATION 2 B. PROJECT SITE LOCATION & DESCRIPTION 3 C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS 4 II. ASSESSMENT OF RELOCATION NEEDS 5 A. SURVEY METHOD 5 B. RESULTS 5 III. THE TEMPORARY RELOCATION PROGRAM A. ADVISORY ASSISTANCE B. TEMPORARY RELOCATION BENEFITS C, PERMANENT RELOCATION BENEFITS D. POST - REHABILITATION E. PROGRAM ASSURANCES AND STANDARDS IV. ADMINISTRATIVE PROVISIONS A. NOTICES B. EVICTION POLICY C. CITIZEN PARTICIPATION D. IMMIGRATION STATUS E PROJECTED DATE OF DISPLACEMENT F. ESTIMATED RELOCATION COSTS LIST OF TABLES 6 6 6 7 7 7 8 8 8 9 9 10 10 TABLE 1: 2000 Census Population — City of Santa Ana & Impacted Tract 4 TABLE 2: 2000 Census Housing units — City of Santa Ain & Impacted Tract 4 LIST OF EXHIBITS EXHIBIT A: Residential Interview Form EXHIBIT B: General Information Notice /Notice of Non - Displacement EXHIBIT C: Public comments and Response INTRODUCTION The Orange Housing Development Corporation and C &C Development Co., LLC (the "Developer ") has authorized the preparation of a Relocation Plan to be undertaken in connection with the eonunencement of their proposed rehabilitation project, the 701 -709 S. Townsend Street Project (the "Project ") in Santa Ana, CA, The Project requires the acquisition of two parcels on which there are two 10 -unit buildings totaling 20 apartment units. The Developer plans to fully rehabilitate the units, including new kitchens, bathrooms, flooring, finished carpentry, appliances, electrical and IIV /AC. The units will then be converted to affordable housing units comprised of 20 one - bedroom units. These units will be offered to new tenants who are 50% or below area median income. In addition, any existing tenants who are 80% or below area median income will be "grandfathered" and considered eligible to remain within the Project. Those current households, who are considered "over- crowded" (needing more than two bedrooms based on a 2 +2 occupancy standard), will also be grandfathered and will qualify to remain within the Project in one of the rehabilitated units. New tenants will be held to a 2 +2 occupancy standard (two people per bedroom and two people in an additional room such as a living room or den). As of this date, the Project will cause the permanent displacement of no residential households. Two households have chosen to move by their own initiative, although they did receive a General Information Notice/Notice of Non - Displacement, which advised them they would not be eligible for permanent relocation benefits, if they moved of their own choice. The needs and characteristics of the displacee population and the Developer program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan). The Developer anticipates funding for the Project will be provided by tax increment and HOME funds. This Plan conforms to the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines). This Plan is organized into four sections: I. Project description (SECTION I); 2. Assessment of the project occupants and their needs (SECTION II) 3. Description of the Developer's temporary relocation program (SECTION III); 4. Description of the Developer's outreach efforts, project timeline and budget (SECTION IV). I. PROJECT DESCRIPTION A. REGIONAL LOCATION The Project is located in the City of Santa Ana within Orange County. Santa Ana is located in the middle section of Orange County, approximately 35 miles southeast of downtown Los Angeles and is immediately accessible from Highways 22 and 55 and Interstate 5. Adjacent communities include Garden Grove, Orange, Tustin, Irvine and Fountain Valley. (See Figure I: Regional Project Location) OS - y � _ur rracu�rnre� f 1 � ena Park° � �� y I n DI ivatPtrrk } ra Irha Ad�� • • _ La Paltnd Ave W in n-.La Palma 0 rdehs W Lincoln P`ea oAnahe % Cypress 7 04( Park Ball Rd W Ball Rd W Ball Rd s P ul; Stanton n ra_r'. }y °b! ,,Chapman Ave It `, N. ,. 1 r 'I ` •' a C: ro Garden Grove Q sz 1. Sheriff's Dal hli:;u i- — Village Park , r �. Westminster 1 _h..St E 17th,_ Sant i3olsa Ave 701 70 9 5 Townsend St A 92704 Santa Ana C t? o ° Edinger Ave m Edinger Ave I ry Park W Edinger Ave :J Warner', Ave m Fountain � rk l Valley : i. sl :hica r2 x m Me Ellis Ave m er'Ve u4n o ,� rn - Irvine s,$ gq�m3 OA b T 33 V L m YI Huntln o '} LCosta Mesa yL�' B ®A At a Ave Victoria �O °may Dave _ _8rent ootl.R,il: —'�, Robins 33 . A �olsa, m i Pal I, ,�JFarlyj _Lak Figure 1: Regional Project Location 2 San Rerno B. PROJECT SITE LOCATION AND DESCRIPTION The Project site is on Townsend Street generally bordered by W. McFadden Avenue to the south, S. Center Street to the west, W. Willits Street to the north and S. Raitt Street to the east. (See Figure 2: Project Site Location) The Project site includes two properties consisting of approximately 24,394 sq. ft. and comprised of two 10-unit apartment buildings with 20 one-bedroom units. As of the date of this Plan, all units were occupied. Vista Ave W—Moril a T-1 Highland-Q:-.- W Brq_ok!St------ L I Jerome Park W Cubbon St �_ — A I Figure 2: Project Site Location C. GENERAL DEMOGRAPI3IC AND HOUSING CHARACTERISTICS According to the 2000 U,S. Census, the population of the City of Santa Ana is 337,977 and the population of the impacted Census Tract 748,06 /Block 1006 is 1,641 (see Table 1). Corresponding Census data concerning the housing mix is shown in Table 2, TABLE 1: 2000 Census Population - City of Santa An & Im acted Tract Population Tract 748.06 1006 % Developer % Total Population 1,641 100,00/0 337,977 100.0% White 430 26.2% 144,425 42.7% Black or African American 21 1.3% 5,749 1.7% American Indian or Alaska Native 14 0.97% 4,013 1.2% Asian 16 1.0% 29,778 8.8% Native Hawaiian or Other Pacife Islander 0 0.0% 1,160 0.3% Some Other Race 1,075 65.5% 137,360 40.6% Two or More Races 85 5.2% 1-5,4,92 4.6% Hispanic or Latino (of Any Race ) 1,591 97.0% 257,097 76.1% ovulivu; " -a. �ullsus nureau, y r -rr,. Lcace, rllspanto 01'141110, and Age: 2000 TABLE 2: 2000 Census Housing Units - Ci of Santa Ana & Im acted Tract Type Tract 748.06 1006 % Developer % Total Occupied Units 264 100% 73,002 97.9% Owner-Occupied 2 0,8% 36,005 49.3% Renter-Occupied 262 99.2% 36,997 50.7% Vacant Housing Units 0 0.0% 1,586 2.1% Available for Sale Only (of Total Vacant Units 0 0.0% 292 18.4% Available for Rent- Full Time Occupancy of Total Vacant Units -0---6.-00/o 700 44.1% Sold or Rented - Not Occupied 0 0.0% 109 6.9% Otherwise Not Available (e.g, seasonal, recreational, migratory, occasional use 0 0.0% 102 6.4% her Vacant 1 0 1 0.0% 383 24.1% 00urcc; u s. ceosus uureaa, 4 t' -H1. Uenerat Housing Characteristics: 2000 II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD To obtain information necessary for the preparation of this Plan, personal interviews with the residents were conducted by Developer staff in October 2007. The Developer was successful in obtaining survey responses from 18 of the 20 occupied households in the Project. (Two households did not complete the interview process or comply with the certification process and gave their notices to vacate to the current property owner,) Inquiries made of the residential occupants concerned household size and composition, income, monthly rent, length of occupancy, ethnicity, home language, physical disabilities, and replacement housing preferences. A sample of the residential interview form used in the interview process is presented as Exhibit A of this report. B. RESULTS Based on the data collected during the interview and certification process, and as of the date of this Plan, again, there are no households who will be permanently displaced. All Project households qualified at below 80% area median income (AMI). The two households, who voluntarily gave their notice to vacate, had received a General Information Notice/Notice of Non - Displacement advising them that they were not being asked to permanently vacate nor were they eligible for permanent relocation benefits. The notice also informed them that if they permanently vacated by their own choice, they would not be eligible for any relocation assistance. Samples of the General Information Notice/Notice of Non - Displacement, both English and Spanish versions, are presented in Exhibit B of this report. 11I. THE TEMPORARY RELOCA'T'ION PROGRAM The Developer's Temporary Relocation Program is designed to minimize hardship, be responsive to unique project circumstances, emphasize maintaining personal contact with all affected individuals, consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements, The relocation program consists of two principal constituents: advisory assistance and financial assistance (Relocation Benefits). A. ADVISORY ASSISTANCE Individuals who will need to move from existing homes temporarily will receive advisory assistance. Advisory assistance services are intended to inform displacees about the rehabilitation process and the relocation program as well as facilitate any claims processing: To follow through on the advisory assistance component of the relocation program and assure that the Developer mcets its obligations under the law, Developer staff will perform the following functions: Distribute appropriate written information concerning the Developer's relocation program; Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits. 3. Inform all persons subject to temporary displacement of the Developer's policies with regard to eviction and property management. B. TEMPORARY RELOCATION BENEFITS All residential occupants to be temporarily relocated will be eligible to receive a fixed payment for moving and related expenses. Each household (one - bedroom units) will receive two fixed payments of $625 each for both the move into a temporary unit on -site as well as the move back into a rehabilitated unit. The tenants will only be responsible for the utilities in the unit in which they are residing during any phase of the project, Utility or phone transfer fees are included in the fixed moving payment. There is no anticipated need for rental assistance payments, because the tenants will be housed on the Project site during the temporary move phase. They will pay the same rental rates for their temporary units as they are paying in their current units. C. PERMANENT RELOCATION BENEFITS If a temporary relocation lasts more than one year, the tenants will be offered permanent relocation assistance as a displaced person under the Uniform Act. This assistance would be in addition to any assistance already received in conjunction with the temporary relocation and will not be reduced by the amount of any temporary relocation assistance previously provided, Although all the tenant households currently income - qualify to remain in one of the Project units, if at the time the rehabilitation is completed, and if a household's income has increased and caused them to be over - income, they would no longer be eligible to remain in a Project unit. Permanent relocates may be eligible for permanent relocation benefits. These benefits include: advisory services, referrals to comparable replacement dwellings, financial assistance to purchase or rent a replacement dwelling and financial assistance to physically move their personal property and belongings. D. POST - REHABILITATION For a temporarily displaced tenant, once the rehabilitation has been completed on their current unit, they may return to their present unit or another suitable unit in the same building /complex at a 50%o AMI rental rate. Based on the tenants' current rental rates, this will be a reduction in their rents. E. PROGRAM ASSURANCES AND STANDARDS Adequate funds are available to relocate the temporarily displaced households. Relocation assistance services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. IV. ADMINISTRATIVE PROVISIONS A. NOTICES Each notice, which the Developer is required to provide to a Project occupant, shall be personally delivered or sent certified or registered fist -class mail, return receipt requested and documented in the case file. Each notice will be written in plain, understandable language. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions and other needed help. There are two principal notices: 1) the General Information Notice/Notice of Non - Displacement Notice 2) the Vacate Notice The General Information Notice/Notice of Non - Displacement is intended to provide the tenants with a general written description of the Developer's relocation program and basic information regarding conditions of eligibility. This notice advises the tenants of their qualification to remain in a Project unit and states that they will not be permanently displaced. The Vacate Notice will be issued within a reasonable period of time prior to the tenants' temporary displacement, Tenants will receive a 60 -day notice to vacate during the temporary move phase, B. EVICTION POLICY The Developer recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. 1. Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits, Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 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, C. CITIZEN PARTICIPATION As the process for considering the Project moves forward, the Developer will observe the following protocol: Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the Relocation Plan and monitoring the relocation assistance program; including the project area occupants; Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issuance of a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; and 5. The inclusion of written or oral comments concerning the Plan as an attachment (Exhibit C) when it is forwarded to the Santa Ana City Council for adoption. D. IMMIGRATION STATUS Federal legislation (PLI05 -117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States urnless 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 alien not lawfully present in the United States from non - federally authorized reimbursable funds. E. GRIEVANCE PROCEDURES A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable temporary housing, or the Developer's property management practices may file a Relocation Assistance Appeal Form or any other written form of appeal with the Developer. The Developer's appeal policies will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. F. PROJECTED DATE OF DISPLACEMENT The Developer anticipates that date specific Notices to Temporarily Vacate will not be issued prior to March 2008. G. ESTIMATED RELOCATION COSTS The total budget estimate for relocation - related payments for this Project is $22.500. The Estimated relocation budget does not include any payments related to property acquisition, If the Project is to be implemented, and circumstances arise that should change either the number of residential occupants, or the nature of their activity, the Developer will authorize any additional connpensable fonds that may need to be appropriated. The Developer pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project. to EXI3IBIT A RESIDENTIAL INTERVIEW FORM RESIDENTIAL INTERVIEW FORM CASE ID: PROJECT: AGENCY: CONSULTANT: OCCUPANT INFORMATION: DWELLING: AIAJOR EVENTS: Claimant(s): Monthly Payntenl: $ "',, Site Move•he / / First Offer: Number of Bedrooms: Address: � Initial Interview: Total Number of Rooms: UTILITIES PAID BY: Honor Phone: (_) Bedrooms Needed: Gas: D Tenant D Owner Work Phone: D Furnished Dwelling Electric: D Tenant D Owner Social See. 7{: Water: D Tenant D Owner OCCUPANCY STATUS: D Rent D Lease D Mortgage D Own (Clear) ❑ Vacant D No Contact DWELLING TYPE: D Single Family Residence D Duplex D Apartment D Coado/Townhuuse D Hotcl/Motel D Mobile Home ETHNICITY: D White D Hispanic O Black D Asian ❑ Other: PRIMARY LANGUAGE: D English D Spanish D Other: OCCUPANT INFORMATION: NOTES /COMMENTS (use back as necessary): D Elderly Household (62 or older) D Disabled /Handicapped Household (describe nrodificationshmeds is notes) ❑ Housing Assistance • Monthly tenant portion of rent: $ D Rent roams in dwelling? (describe in notes), D Willing to Relocate from Community (describe in notes) Special FeatllreS/hrlprovements: Area/Unit Preference: NAME (FIRST, LAST) SEa AGE MONTHLY � Notes (relation, employment, school, trnnspoilation, Imndicap, etc.) INCOME 2 m F, M P M F $ _- 3 4 _ 6 M F $ $ MF 8 M 0 C GENERAL INFORMATION NOTICE/ NOTICE OF NON - DISPLACEMENT GUIDEPORM GENERAL INFORMATION NOTICE RESIDENTIAL TENANT NOT DISPLACED October 13, 2007 Dear Resident T Ire Property Owner is interested in rehabilitating the property you currently occupy at 701 or 709 S. Townsend, Santa Ana, CA for a proposed project which may receive fiinding assistance from the U,S. Department of Housing and Urban Development (HUD). The purpose of this notice is to inform you that you will not be, displaced in connection with the proposed project. If the project application is approved and federal financial assistance provided, you may be required to move temporarily so that the rehabilitation can be completed. If you must move temporarily, suitable housing will be made available to you and you will be. reimbursed for all reasonable out of pocket expenses, including moving costs and any increase in housing costs. You will need to continue to pay your rent and comply with all other lease terms and conditions, Upon completion of the rehabilitation, you will be able to lease and occupy your present apartment or another suitable, decent, safe and sanitary apartment in the sane building /complex under reasonable terms and conditions. If federal financial assistance is provided for the proposed project, you will be protected by a federal law known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), One of the URA protections for persons temporarily relocated is that such relocations shall not extend beyond one year. If the temporary relocation lasts more than one year, you will be contacted and offered all permanent relocation assistance as a displaced person under the URA. This assistance would be in addition to any assistance you may receive in connection with temporary relocation aid will not be reduced by the amount of any temporary relocation assistance previously provided. You will also have the right to appeal the agency's determination, if you feel that your application for assistance was not properly considered. In the event you are over the 'income levels for the proposed project, you may be eligible for permanent relocation benefits including but not limited to: advisory services, referrals to comparable replacement dwellings and financial assistance to purchase or rent a replacement dwelling. Accordingly, it is of paramount importance that we receive your cooperation in our survey and assessment of your needs in the completion of the attached income certification. We urge you not to move at this time. If you choose to move, you will not be provided relocation assistance. Please remember: • This is Upi a notice to vacate the premises. • This is not a notice of relocation eligibility. You will be contacted soon so that we can provide you with more information about the proposed project. If the project is approved, we will make every effort to acconmodate your needs. In the meantime, if you have any questions about our plans, please contact: Advanced Property Services, LLC — Barry A. Cottle, PO Box 311, Tustin, CA 92781 (714) 731 -7313 Sincerely, Barry A. Cottle Enclosure Aviso de Informacl6n General No Desplazo de Inqulllnos Residenciales 1 de noviembre de 2007 Estimado Residente, El dueho de la propiedad esta Interesado en rehabilitar la propledad que usted ocupa en la direcci6n 7010 709 S. Townsend, Santa Ana, CA por un proyecto propuesto que posiblemente recibir6 asistencia de fondos del U.S Department of Housing and Urban Development (HUD) El propusito de este aviso es para informarle que usted no sera desplazado en conexi6n con este proyecto propuesto. Si la aplicaci6n por este proyecto es aprobado y asistencia de fondos federales proporcionados, es posible que usted sera requerido a mover temporalmente hasta que la rehabllitacl6n se cumple, SI tiene que mover temporalmente, una vivienda adecuada sera disponible y usted sera rembolsado por todos los gastos razonables, incluyendo los gastos de mudanza y cualquier aumento de costos de vivienda. Usted necesita continuar pagando su renta y cumplir con todos los otros terminos y condiciones de su contracto de alquilar. Cuando la rehabllitacl6n se cumple, Listed podra alquilar y ocupar el mismo apartamento u otro apartamento adecuado que es detente, seguro y sanitario en el mismo edificio / complejo bajo de terminos y condiciones razonables. Si asistencla de fondos federales es proporclonado para el proyecto propuesto, Listed serf protegido por una ley federal conocida como la Ayuda Uniforme de Reurbanizaci6n y Acto de Pollticas de Adqulsici6n de Bienes Races (URA). Una de las protecclones de la URA para personas desplazadas temporalmente es que tal desplazo no puede extender mas que un ano. Si el desplazo temporal se extiende mas que Lin afro, usted sera contactado y dado una oferta de asistencia de reubicaci6n permanente tal como una persona desplazada bajo de la URA. Esta asistencia sera en adici6n a la asistencia que recibira en conexi6n con el desplazo temporal y no sera reducido por la cantidad de asistencia que usted recibe anteriormente. Usted tambl6n tendra el derecho de apelar la determinaci6n de la agenda, si usted siente como su aplicaci6n para asistencla no fue considerado propiamente. En caso que sus ingresos sobrepasan los niveles del proyecto propuesto, usted puede ser elegible para beneficios de reubicaci6n permanente que lncluyen peso no son limitados a: Los servicios de consejo, referencias a vlviendas comparables de reemplazo y asistencia finkciale para comprar o alquilar una vivienda de reemplazo. Por to tanto, es de la mas alta importancia que recibamos su cooperaci6n on nuestra inspecc(6n y evaluaci6n de sus necesidades en completar la certificaci6n de ingresos inclulda con esta Carta. Le pedlmos que no se mueva de su vivienda. Si elige moverse, no recibira asistencla de reubicacl6n. POR FAVOR RECUERDE: a Este NO es un aviso de desalojo • Este NO es un aviso de eleglbilidad para beneficios de reubicacl6n Usted ser6 contactado pronto Para que podemos proporcionarle mas Informacl6n acerca del proyecto propuesto. SI el proyecto es aprobado, haremos cada esfuerzo para acomodar sus necesidades. Por mlentras, sl tienes cualquier pregunta acerca de nuestros planes, por favor contacte: Advanced Property Services, LLC- Barry A. Cottle, PO Box 31.1, Tustin, CA 92781 (714) 731 -7313 Sinceramente, Barry A. Cottle ADJ U NTO i j'. '. 817 - 821 S. Townsend Street and 834 S. Raitt Street Project RELOCATION PLAN "tip; Prepared for: Orange Housing Development Corporation & C &C Development Co., LLC 1110 E. Chapman Avenue, Suite 200 Orange, CA 92866 (714) 288 -7600 Overland, Pacific & Cutler, Inc. 10 Hughes, Suite A207 Irvine, California 92618 949 - 951 -5263 November 12, 2007 EXHIBIT 4 TABLE OF CONTENTS INTRODUCTION PROJECT DESCRIPTION A. REGIONAL LOCATION B. PROJECT SITE LOCATION &, DESCRIPTION C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD B. RESULTS III. THE TEMPORARY RELOCATION PROGRAM A. ADVISORY ASSISTANCE B. TEMPORARY RELOCATION BENEFITS C. PERMANENT RELOCATION BENEFITS D. POST- REHABILITATION E. PROGRAM ASSURANCES AND STANDARDS IV. ADMINISTRATIVE PROVISIONS A. NOTICES B. EVICTION POLICY C. CITIZEN PARTICIPATION D. IMMIGRATION STATUS E. GRIEVANCE PROCEDURES E PROJECTED DATE OF DISPLACEMENT F. ESTIMATED RELOCATION COSTS LIST OF TABLES TABLE 1: 2000 Census Population —City of Santa Ana & Impacted Tract TABLE 2: 2000 Census Housing units— City of Santa Ana & Impacted Tract LIST OF EXHIBITS EXHIBIT A: Residential Interview Form EXHIBIT B: General Information Notice/Notice of Non- Displacement EXHIBIT C: Public comments and Response 9 10 10 10 INTRODUCTION The Orange Housing Development Corporation and C &C Development Co., LLC (the "Developer ") has authorized the preparation of a Relocation Plan to be undertaken in connection with the commencement of their proposed rehabilitation project, the 817 -821 S. Townsend Street and 834 S. Raitt Street Project (the "Project ") in Santa Ana, CA. The Project requires the acquisition of three parcels on which there are two 10 -unit buildings and one 11 -unit building totaling 31 apartment units. The Developer plans to fully rehabilitate the units, including interior and exterior improvements. The units will then be converted to affordable housing units comprised of 21 one - bedroom units and 10 two- bedroom units. These units will be offered to tenants who are 50% or below area median income. Any existing tenants who are 80% or below area median income will be "grandfathered" and considered eligible to remain within the Project. In addition, any households who qualify in the Moderate Income category (between 81% -120% of area median income), will also be allowed to remain within the Project under certain return rental conditions to be discussed in Section III -D. Those current households, who are considered "over- crowded" (needing more than two bedrooms based on a 2 +2 occupancy standard), will also be grandfathered and will qualify to remain within the Project in one of the rehabilitated units. New tenants will be held to a 2 +2 occupancy standard (two people per bedroom and two people in an additional room such as a living room or den). As of this date, the Project will cause no permanent displacement of residential households. The needs and characteristics of the displacee population and the Developer program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan). The Developer anticipates funding for the Project will be provided by tax increment and HOME funds. This Plan conforms to the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines). This Plan is organized into four sections: 1. Project description (SECTION 1); 2. Assessment of the project occupants and their needs (SECTION 11) 3. Description of the Developer's temporary relocation program (SECTION III); 4. Description of the Developer's outreach efforts, project timeline and budget (SECTION IV). I. PROJECT DESCRIPTION A. REGIONAL LOCATION The Project is located in the City of Santa Ana within Orange County. Santa Ana is located in the middle section of Orange County, approximately 35 miles southeast of downtown Los Angeles and is immediately accessible from Highways 22 and 55 and Interstate 5. Adjacent communities include Garden Grove, Orange, Tustin, Irvine and Fountain Valley. (See Figure 1: Regional Project Location) 'B. uena � Placentia nParK oFullerton we WestiNnster Blvd Westminster r F R:vk _i�K pl ` e9 P51me r^ o a, _ Del Amo Blvd ,La Craccent Ave E La Pall Ave �� -' _Ranch on St -, Wcnln Ave W Llncnln Ave `�`,y pAnaheim _ —8� -� Boise Ave Hawaiian` press Gi m Tustin Gardens' ° Ball Rd W Ball Rd Y� W Ball Rd E Bell Rd E Me- Vi c �s - � ferrdps Ave 4 o tl F9 - _ 3 Ave m C A L I F 0 R N I A iV .. $LbsAlazMOao _Katelle °Stanton 5 ' mChapman Ave NI C pman E Col 9 Ave Ave DOrdn 2 E '� Werner Ave Fountain _ ? 65 Leshe J Pnnca Park Bolsa Cries Ecological Reserve Ry Wei, Cal 0° Pye Regional Irvine g Park al€A Garden Groveo we WestiNnster Blvd Westminster r - o n _i�K pl ` jp o a, Santa An Boise Ave Ave f- W 1--t St Pro'ect Sita Tustin noise tl 8 y� 6J 4 o tl F9 Edinger Ave Edinger Ave ly � iV .. 6 Werner Ave Fountain _ ? 65 `1 valley ,' � Of a -f' 2aF Talbert Ave 1 Ellis Ave F ti m � � Irvineo m Baker St Qc Huntington Adams Ave 5 55 Beach GCosta Mesa C 11 Atlanta Ave llnivarzrN Victoria St IpDr B wlwpod 'Pu]I. BaVIEW Par@ E ;iYn � 4' PrJla�s Newport° ✓ hII crosoft Corp. anrll m its suppliers.Alllriahls reserved -. Figure 1: Regional Project Location 2 I eFP a P C M1 e. 1ei H� Lm�f a qh rs y a d`Q �F 133 Lake Forest° San F" A, B. PROJECT SITE LOCATION AND DESCRIPTION The Project site is on S. Townsend Street and S. Raitt Street generally bordered by W. McFadden Avenue to the south, S. Center Street to the west, W. Monta Vista Avenue to the north and the east side of S. Raitt Street to the east. (See Figure 2: Project Site Location) The Project site includes three properties consisting of approximately 36,590 sq. ft. and is comprised of two 10 -unit apartment buildings and one I1 -unit apartment building totaling 21 one - bedroom units and 10 two- bedroom units. As of the date of this Plan, all units were occupied. Ri.hl.M An Mrome Pmk U Figure 2: Project Site Location 3 m'. 91 PI �g/{83950.N[R SaMn Me U92n11 K W Brook sl _ l II it I W —Uhhno 5(_ i7 �i C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS According to the 2000 U.S. Census, the population of the City of Santa Ana is 337,977 and the population of the impacted Census Tract 748.06 /13lock 1006 is 1,641 (see Table 1). Corresponding Census data concerning the housing mix is shown in Table 2. TABLE 1: 2000 Census Population - City of Santa An & Im acted Tract Population Tract 748.06 1006 % Developer % Total Population 1,641 100.0% 337,977 100.0% White 430 26.2% 144,425 42.7% Black or African American 21 1.3% 5,749 1.7% American Indian or Alaska Native 14 0.97% 4,013 1.2% Asian 16 1.0% 29,778 8.8% Native Hawaiian or Other Pacific Islander 0 0.0% 1,160 0.3% Some Other Race 1,075 65.5% 137,360 40.6% Two or More Races 85 5.2% 15,492 4.6% Hispanic or Latino of Any Race 1,591 1 97.0% 257,097 76.1% Source: U.S. Census Bureau, (2'1' -YL. Mace, Hispanic or Latino, and Age: 2000 TABLE 2: 2000 Census Housing Units - Ci of Santa Ana & Im acted Tract Type Tract 748.06 1006 % Developer % Total Occupied Units 264 100% 73,002 97.9% Owner-Occupied 2 0.8% 36,005 49.3% Renter-Occupied 262 99.2% 36,997 50.7% Vacant Housing Units 0 0.0% 1,586 2.1% Available for Sale Only (of Total Vacant Units 0 0.0% 292 18.4% Available for Rent -Full Time Occupancy (of Total Vacant Units) 0 0.0% 700 44.1% Sold or Rented - Not Occupied 0 0.0% 109 6.4% Otherwise Not Available (e.g. seasonal, recreational, migratory, occasional use 0 0.0% 102 6.4 % Other Vacant 0 0.0% 383 24.1% Source: U.S. Census Bureau, 121 -Ht. ueneral Housing Characteristics: 2000 II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD To obtain information necessary for the preparation of this Plan, personal interviews with the residents were conducted by Developer staff in November 2007. The Developer was successful in obtaining survey responses from 30 occupied households in the Project. One household did not complete the certification process since they had already given their notice to vacate to the current property owner. Inquiries made of the residential occupants concerned household size and composition, income, monthly rent, length of occupancy, ethnicity, home language, physical disabilities, and replacement housing preferences. A sample of the residential interview form used in the interview process is presented as Exhibit A of this report. B. RESULTS Based on the data collected during the interview and certification process, and as of the date of this Plan, again, there are no households who will be permanently displaced. All but two Project households qualified at below 80% area median income (AMI), and the two households qualifying below 120% of AMI will qualify to stay at the rental rate described in Section III -D. The household, who voluntarily gave their notice to vacate, had received a General Information Notice /Notice of Non - Displacement advising them that they were not being asked to permanently vacate nor were they eligible for permanent relocation benefits. The notice also informed them that if they permanently vacated by their own choice, they would not be eligible for any relocation assistance. Samples of the General Information Notice/Notice of Non - Displacement, both English and Spanish versions, are presented in Exhibit B of this report. 5 III. THE TEMPORARY RELOCATION PROGRAM The Developer's Temporary Relocation Program is designed to minimize hardship, be responsive to unique project circumstances, emphasize maintaining personal contact with all affected individuals, consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements. The relocation program consists of two principal constituents: advisory assistance and financial assistance (Relocation Benefits). A. ADVISORY ASSISTANCE Individuals who will need to move from existing homes temporarily will receive advisory assistance. Advisory assistance services are intended to inform displacees about the rehabilitation process and the relocation program as well as facilitate any claims processing: To follow through on the advisory assistance component of the relocation program and assure that the Developer meets its obligations under the law, Developer staff will perform the following functions: 1. Distribute appropriate written information concerning the Developer's relocation program; 2. Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits. Inform all persons subject to temporary displacement of the Developer's policies with regard to eviction and property management. B. TEMPORARY RELOCATION BENEFITS All residential occupants to be temporarily relocated will be eligible to receive a fixed payment for moving and related expenses. Each one - bedroom household will receive two fixed payments of $625 each for both the move into a temporary unit on -site as well as the move back into a rehabilitated unit. Each two- bedroom household will receive $800 for each move. The tenants will only be responsible for the utilities in the unit in which they are residing during any phase of the project. Utility or phone transfer fees are included in the ,fixed moving payment. There is no anticipated need for rental assistance payments, because the tenants will be housed on the Project site during the temporary move phase. They will pay the same rental rates for their temporary units as they are paying in their current units. C. PERMANENT RELOCATION BENEFITS If a temporary relocation lasts more than one year, the tenants will be offered permanent relocation assistance as a displaced person under the Uniform Act. This assistance would be in addition to any assistance already received in conjunction with the temporary relocation and will not be reduced by the amount of any temporary relocation assistance previously provided. Although all the tenant households currently income - qualify to remain in one of the Project units, if at the time the rehabilitation is completed, and if a household's income has increased and caused them to be over - income, they would no longer be eligible to remain in a Project unit. Permanent relocates may be eligible for permanent relocation benefits. These benefits include: advisory services, referrals to comparable replacement dwellings, financial assistance to purchase or rent a replacement dwelling and financial assistance to physically move their personal property and belongings. D. POST - REHABILITATION RENTS For a temporarily displaced tenant, once the rehabilitation has been completed on their current unit, they may return to their present unit or another suitable unit in the same building /complex at a 50% AMI rental rate (within the exception of the Moderate Income households). Based on the tenants' current rental rates, this will be a reduction in their rents. For those households that qualify at the Moderate Income level, upon the completion of the rehabilitation and return to the Project unit, their rent will remain the same as their current rent for one year. However, after one year, the rents for these households will be adjusted to the lesser of their current rent and utilities or 30% of their adjusted, gross, monthly household income. E. PROGRAM ASSURANCES AND STANDARDS Adequate funds are available to relocate the temporarily displaced households. Specifically, tax increment funds will be used by the Developer to pay relocation benefits. Relocation assistance services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. 7 IV. ADMINISTRATIVE PROVISIONS A. NOTICES Each notice, which the Developer is required to provide to a Project occupant, shall be personally delivered or sent certified or registered first -class mail, return receipt requested and documented in the case file. Each notice will be written in plain, understandable language. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions and other needed help. There are two principal notices: 1) the General Information Notice/Notice of Non - Displacement Notice 2) the Vacate Notice The General Information Notice/Notice of Non - Displacement is intended to provide the tenants with a general written description of the Developer's relocation program and basic information regarding conditions of eligibility. This notice advises the tenants of their qualification to remain in a Project unit and states that they will not be permanently displaced. The Vacate Notice will be issued within a reasonable period of time prior to the tenants' temporary displacement. Tenants will receive a 60 -day notice to vacate during the temporary move phase. B. EVICTION POLICY The Developer recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 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. C. CITIZEN PARTICIPATION As the process for considering the Project moves forward, the Developer will observe the following protocol: 1. Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the Relocation Plan and monitoring the relocation assistance program; including the project area occupants; 3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issuance of a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; and 5. The inclusion of written or oral comments concerning the Plan as an attachment (Exhibit C) when it is forwarded to the Santa Ana City Council for adoption. D. IMMIGRATION STATUS Federal legislation (PL105 -117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Developer to negatively affect the alien's spouse, parent or child. The Developer will authorize the payment of relocation assistance benefits to any alien not lawfully present in the United States 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 by having them self - certify as to their legal status. E. GRIEVANCE PROCEDURES A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable temporary housing, or the Developer's property management practices may file a Relocation Assistance Appeal Form or any other written form of appeal with the Developer. The Developer's appeal policies will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. F. PROJECTED DATE OF DISPLACEMENT The Developer anticipates that date specific Notices to Temporarily Vacate will not be issued prior to May 2008. G. ESTIMATED RELOCATION COSTS The total budget estimate for relocation - related payments for this Project is $45,000. The Estimated relocation budget does not include any payments related to property acquisition. If the Project is to be implemented, and circumstances arise that should change either the number of residential occupants, or the nature of their activity, the Developer will authorize any additional compensable funds that may need to be appropriated. The Developer pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project. 10 EXI3IBIT A RESIDENTIAL INTERVIEW FORM CASE Ill: AGENCY: RESIIDENTIAL INTERVIEW FORM PROJECT: CONSULTANT: OCCUPANT INFORMATION: DWELLING: bfAJ ' OR EVENTS: Claimant(s): Monthly Payment: $ Site Movedn: i First Offer: Number of Bedrooms: Address: Enitinllntervlev: / / Total Number of Rooms: _..,....... _ UTILITIES PAID DY: 1-101110 Phone: Bedrooms Needed: .' Gas: ❑ Tenant ❑ Owner Work Phone: ❑ Furnished Dwelling Electric: ❑ Tenant ❑ Owner Social Scc, ri: _ Water: EJ Tenant ❑ Owner OCCUPANCY STATUS: ❑ Reat ❑ Lease ❑ Mortgage ❑ Own (Clear) ❑ Vacant L1 No Contact DWELLING TYPE: d Single Fondly Residence ❑ Duplex ❑ Apartment ❑ Condo/1•wvnh0use ❑ Hotcl/Motel ❑ Mobile Home ETHNICITY: ❑ White ❑ Hispanic ❑ Block ❑ Asian ❑ Other PRIMARY LANGUAGE: ❑ English ❑ Spanish ❑ Other. OCCUPANT INFORMATION: NOTES /COMMENTS (use back as necessary): ❑ Elderly Household (62 or older) ❑ Disabled /Handicapped Household (describe rnodificationshleeds in notes) ❑ Housing Assistance - Monthly tenant portion of rent: $ ❑ Rent rooms in dwelling? (describe in notes) ❑ Willing to Relocate from Community (describe in notes) Special Features /Improvements: ArWUnit Preference: NAME (FIRST, LAST) ! SEX AGE MONTHLY Notes ("elation, eng)[nyment, school, flauspoalation, hm:dicap etc.) - _.. INCOME I �M F - _... __.'. I[ $ 3 M F 4 M F i $ M F $ _ M $ _.._ EXHIBIT B GENERAL INFORMATION NOTICE/ NOTICE OF NON - DISPLACEMENT GUIDEPORM GENERAL 1NPORMATIONNOTICE RESIDENTIAL TENANT NOT DISPLACED October 13, 2007 Dear Resident The Property Owner is interested in rehabilitating the property you currently occupy at 701 or 709 S. Townsend, Santa Ana, CA_for a proposed project which may receive funding assistance from the U.S. Department of housing and Urban Development (HUD). The purpose of this notice is to inform you that you will not be displaced in connection with the proposed project. If the project application is approved and federal financial assistance provided, you may be required to move temporarily so that the rehabilitation can be completed. If you must move temporarily, suitable housing will be made available to you and you will be reimbursed for ail reasonable out of pocket expenses, including moving costs and any increase in housing costs. You will need to continue to pay your rent and comply with all other lease terms and conditions. Upon completion of the rehabilitation, you will be able to lease and occupy your present apartment or another suitable, decent, safe and sanitary apartment in the same brulding /complex under reasonable terms and conditions, If federal financial assistance is provided for the proposed project, you will be protected by a federal law known as the Uniform Relocation Assistance and Real Properly Acquisition Policies Act (URA), One of the URA protections for persons temporarily relocated is that such relocations shall not extend beyond one year. If the temporary relocation lasts more than one year, you will be contacted and offered all permanent relocation assistance as a displaced person under the URA. This assistance would be in addition to any assistance you may receive in connection with temporary relocation slid will not be reduced by the amount of ally temporary relocation assistance previously provided. You will also have the right to appeal the agency's determination, if you feel that your application for assistance was not properly considered. In the event you are over the income levels for the proposed project, you may be eligible for permanent relocation benefits including but not limited to: advisory services, referrals to comparable replacement dwellings and financial assistance to purchase or rent a replacement dwelling. Accordingly, it is of paramount importance that we receive your cooperation in our survey and assessment of your needs in the completion of the attached income certification. We urge you not to move at this time. If you choose to move, you will not be provided relocation assistance. Please remember: • This is not a notice to vacate the premises. • This is not a notice of relocation eligibility. You will be contacted soon so that we can provide you with more information about the proposed project. If the project is approved, we will malce every effort to accommodate your needs. In the meautnne, if you have any questions about our plans, please contact: Advanced Property Services, LLC — Barry A, Cottle, PC Box 311, Tustin, CA 92781 (714) 731 -7313 Sincerely, Barry A. Cottle Enclosure Avfso de Informacidn General No Desplazo de Inquilinos Residenciales 1 de novlembre de 2007 Estimado Residente; El dueno de la propledad esta interesado en rehabilltar la propiedad qua usted ocupa en la direcci6n 7010 709 S. Townsend, Santa Ana, CA por Lin proyecto propuesto que posiblemente recibir6 asistencla de fondos del U.S Department of Housing and Urban Development (HUD) El prop6ssto de este aviso as pare informarle que Listed no, sera desplazado en conexi6n con este proyecto propuesto. Si la aplicaci6n por este proyecto es aprobado y asistencla de fondos federales proporcionados, es posible que Listed sera requeddo a mover temporalmente hasta que la rehabllitacl6n se cumple. Si Vane que mover temporalmente, una vivienda adecuada ser6 dlsponible y Listed sera rembolsado por todos los gastos razonables, incluyendo los gastos de mudanza y cualquier aumento de costos de vivienda. Usted necesita continuar pagando su renta y cumplir con todos los otros terminos y condlciones de su contracto de alquilar. Cuando la rehabllitacl6n se cumple, Listed podr6 alquilar y ocupar el mismo apartamento u otro apartamento adecuado que as decente, seguro y sanitario on el mismo edificio / complejo bajo de t6rminos y condiciones razonables. Si asistencia de fondos federales es proporcionado para el proyecto propuesto, Listed sera protegido por una ley federal conocida como la Ayuda Uniforme de Reurbanizaci6n y Acto de Polfticas de Adquisici6n de Blanes Rafces (URA). Una de las protecciones de la URA para personas desplazadas temporalmente es que tal desplazo no puede extender mas que un ano. Si el desplazo temporal se extlende mas que Lin afro, Listed sera contactado y dodo una oferta de asistencia de reubicaci6n permanente tal como una persona desplazada bajo de la URA. Esta asistencia ser6 an adlc16n a la asistencia que recibira an conexl6n con el desplazo temporal y no ser6 reducido por la cantldad de asistencia que Listed recibe anteriormente. Usted tambl6n tendr6 el derecho de apelar la determinac16n de la agencia, sl Listed siente como su aplicaci6n para asistencla no fue considerado propiamente. En caso que sus ingresos sobrepasan los niveles del proyecto propuesto, Listed puede ser elegible para beneficios de reubicaci6n permanente que incluyen pero no son limitados a: Los servicios de consejo, referenclas a viviendas comparables de reemplazo y asistencia flnanciale para comprar o alquilar una vivienda de reemplazo. Par to tanto, as de la mds alto importancia que reclbamos su cooperaci6n an nuestra inspeccl6n y evaluacl6n de sus necesidades an completar In certificacf6n de ingresos Incluida con esta carta. Le pedimos que no se mueva de su vivienda. Si elige moverse, no recibira asistencla de reubicaci6n. POR FAVOR RECUERDE: • Este NO es Lin aviso de desalojo • Este NO es un aviso de elegibilidad para beneficios de reubicaci6n Usted ser6 contactado pronto para que podemos proporcionarle mas Inforinaci6n acerca del proyecto propuesto. SI el proyecto es aprobado, haremos cada esfuerzo para acomodar sus necesidades. Por mientras, sl tienes cualquier pregunta acerca de nuestros planes, por favor contacte: Advanced Property Services, LLC- Barry A. Cottle, PO Box 311, Tustin, CA 92781 (714) 731 -7313 Sinceramente, Barry A. Cottle A DJ U NTO EXHIBIT PUBLIC COMMENTS AND RESPONSE