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Home My WebLink About55D - RESO - RELOCATION PLAN BRISTOL ST IMPROVEMENTSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2014 TITLE: RESOLUTION APPROVING RELOCATION PLAN FOR BRISTOL STREET PHASE IIIB IMPROVEMENTS BETWEEN WASHINGTON AVENUE AND SEVENTEENTH STREET (PROJECT NO. 116740 NON GENERAL FUND) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the Relocation Plan for Bristol Street Phase IIIB Improvements between Washington Avenue and Seventeenth Street. DISCUSSION Bristol Street is a major north -south transportation facility, which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane, a long-term priority project, will be constructed in several phases. Improvements include widening the street from two to three lanes in each direction, constructing raised landscape medians, and installing bike lanes. The Public Works Agency is acquiring property for development of Phase IIIB, bounded by Washington Avenue and Seventeenth Street (Exhibit 1), and expects to complete the right -of -way acquisition process by December 2014. Construction is anticipated to begin in early 2015. Pursuant to California Government Code, a public entity is required to adopt a relocation plan by resolution whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. In conformance with this provision, the City prepared a Relocation Plan to outline the requirements for moving and re- establishing displaced residential and business occupants, and to demonstrate the level of advisory and financial assistance that will be provided. Based on occupant interviews, needs analyses, and searches for appropriate replacement sites, the Agency estimates relocation costs to be approximately $2.87 million. The Draft Relocation Plan was made available for public review for 30 days beginning July 15, 2014. Each potential displaced occupant and affected property owner was given an advisory notice regarding the availability of the Relocation Plan and their opportunity to submit questions and comments. The Relocation Plan was available for review at the City library, the City Clerk's Office, the Public Works Agency public counter, and on the City's website. One comment was 55D -1 Relocation Plan for Bristol Street Phase 1116 Between Washington and Seventeenth Street September 16, 2014 Page 2 received during the review period which has been addressed and incorporated into the final document (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects); and, Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT In 1990, City Council approved the proposed improvement as the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications related to Phase 1116, an Addendum to the FEIS /EIR was prepared and adopted according to the California Environmental Quality Act by City Council on May 6, 2014. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (Account No. 05917661 66220) and Measure M2 Street Construction Fund (Account No. 03217662 66220). dwin "William" Galv , P.E. Interim Executive Director Public Works Agency EWG /KN Exhibits: 1. Location Map 2. Relocation Plan (CD) 3. Resolution APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 55D -2 SANTA ANA PWA a,a,ic mxs .ssxcr u_.._� I I .._._.._..I r_.._.. I 1 I I ---------- 1 i I Exhibit 1 I I I II � I B � IJI I I I I I I I I � I � I � I I I I I I liv, • _r ti • -_ SANTA A. 55D -3 1 I i 1 I I 1 � 1 I 1 I I ---------- 1 i I Exhibit 1 I I I II � I B � IJI I I I I I I I I � I � I � I I I I I I liv, • _r ti • -_ SANTA A. 55D -3 55D -4 ... AI r.. City of Santa Ana Bristol Street Widening - Washington to 17th Project Final Relocation Plan August 2014 5762 Bolsa Ave, Suite 201 Huntington Beach, CA 92649 714.379.3376 ph 714.373.1234 fax www.paragon-partners.com 55D -5 I. GENERAL INFORMATION Introduction and Project Description ...................... ............................... Purpose of the Relocation Plan .............................. ............................... Citizen Participation ............................................... ............................... Regional Location and Description ......................... ............................... Specific Project Location ........................................ ............................... General Demographics & Housing Characteristics .............................. 11. ASSESSMENT OF RELOCATION NEEDS Survey Method ................. ............................... Residential Data and Needs Assessment ......., Field Survey Data ..... ............................... Project Occupancy Data .......................... Project Area Rents .... ............................... Replacement Housing Needs ................... Income....................... ............................... Senior/Handicapped Households............ Non - Residential Data and Needs Assessment 111. RELOCATION RESOURCES Residential Property for Sale .. ............................... Residential Property for Rent .. ............................... Business Replacement Sites .... ............................... Competing Projects ................. ............................... Alternate Housing Programs ... ............................... Temporary Housing Needs ..... ............................... Program Assurances and Standards ....................... Summary................................. ............................... IV. RELOCATION ASSISTANCE PROGRAM Advisory Services ................ ............................... Relocation Benefits to Residential Occupants... Moving Expense Payments . ............................... A. Fixed Payment (Room Count Schedule) B. Actual Cost (Professional Move) .......... Relocation Benefits to Owner - Occupants.......... Replacement Housing Payment ......................... Non - Recurring Closing Costs ............................ Increased Mortgage Rate Differencial Payment i 55D -6 ............ I......... 1 ...................... 2 ...................... 3 ...................... 4 ...................... 5 ...................... 6 ......... 13 ......... 13 ......... 13 ......... 13 ......... 14 ......... 14 ......... 14 ... 15 Relocation Benefits to Tenant - Occupants ............................................. ............................... 15 LastResort Housing ............................................................................... ............................... 16 Relocation Benefits To Business Displacements ................................... ............................... 16 Business Moving Expenses .................................................................... ............................... 17 Reestablishment Expenses ..................................................................... ............................... 17 V. ADMINISTRATIVE PROVISIONS Notices..................................... ............................... Language Assistance ................ ............................... Relocation Appeal Process ...... ............................... Eviction Policy ......................... ............................... Projected Dates of Displacement ............................ Estimated Relocation Costs ..... ............................... k10-11 :K Table 1: Parcel Summary & Characteristics .... ............................... Table 2: Demographics — Race & Ethnicity ...... ............................... Table 3: Demographics - Housing ..................... ............................... Table 4: Existing Project Housing Breakdown by Bedroom Count Table 5: Project Area Rent Range ..................... ............................... Table 6: Replacement Housing Needs .............. ............................... Table 7: Tenant Household Income Category ... ............................... Table 8: Non - Residential Characteristics ........ ............................... Table 9 Replacement Housing for Sale .......... ............................... Table 10: Replacement Housing for Rent ........ ............................... Table 11: Summary of Available Commercial Space ..................... Table 12: Fixed Moving Schedule .................... ............................... EXHIBITS 18 18 18 19 19 19 ...................... 1 ...................... 6 ...................... 6 ......................... 7 ......................... 7 ......................... 8 ......................... 8 ......................... 9 ....................... 10 ....................... 10 ....................... 11 ........... I........... 14 Exhibit A: Interview Form - Residential ............................................. ............................... 20 Exhibit B: Interview Form - Non Residential ...................................... ............................... 21 Exhibit C: General Information Notice — Residential ......................... ............................... 24 Exhibit D: General Information Notice — Non Residential ................ ............................... 26 Exhibit E: Informational Brochure — Residential ............................... ............................... 28 Exhibit F: Informational Brochure — Non Residential ......................... ............................... 33 Exhibit G: Notice of Eligibility — 180 Day Homeowner ..................... ............................... 40 Exhibit H: Notice of Eligibility — 90 Day Tenant ................... .............................43 Exhibit I: Notice of Eligibility - Nonresidential ................................ ............................... 46 Exhibit J: 90 Day Notice to Vacate .................................................. ............................... 52 Exhibit K: 2014 HUD Income Limits ................................................. ............................... 53 Exhibit L: Relocation Appeals Process ............................................... ............................... 54 Exhibit M: Public Comment and Written Response ............................ ............................... 56 550 -7 I. GENERAL INFORMATION INTRODUCTION AND PROJECT DESCRIPTION Within the City of Santa Ana ( "City"), Bristol Street is classified as a north -south Major Arterial per the City's General Plan Circulation Element and the County of Orange's Master Plan of Arterial Highway. Due to growth in recent decades, and the resulting traffic congestion, the City proposed to widen Bristol Street between Warner Avenue and Memory Lane from a four -lane roadway to a six -lane arterial to provide adequate vehicular capacity within the City's northern limits. In 1991, City Council approved the 3.9 -mile improvement as the Bristol Street Corridor Specific Plan. The Bristol Street Widening project was broken into several phases based on funding availability. Bristol Street is currently a four -lane undivided arterial from Washington Avenue to Seventeenth Street. This segment of Bristol Street currently carries 42,300 vehicles per day and has a volume to capacity ratio of 1.13. At this ratio, this roadway segment operates at unacceptable level of service F. Level of Service F exists wherever the amount of traffic approaching a point exceeds the amount which can traverse that point and queues form up behind such locations as arrival flow exceeds discharge flow. The proposed widening for the segment of Bristol Street from Washington Avenue to Seventeenth Street from two to three lanes of through travel (Project) is pursuant to the City's General Plan Circulation Element designation of Major Arterial. As defined in the City's General Plan Circulation Element, a Major Arterial includes six through travel lanes and enhanced features at intersections, including dedicated right and left turn lanes to maintain the operating capacity of the road. Throughout the project limits, left - turn lanes, right -turn pockets and bus turnouts will be constructed at major intersections, as would a seven -foot wide, on- street Class II bike lane. The proposed improvements will require the relocation of existing utilities, including power pole and catch basins, and adjustment of surface utilities to grade. The proposed improvements would include the construction of sidewalk and curb ramps at all intersections, which meet pertinent requirements set forth under the Americans with Disabilities Act of 1990. The Project will require the full acquisition of fifteen (15) parcels on the east side of Bristol Street. There is one parcel on the northeast side of 17th Street. The City has previously acquired the parcel on the northwest corner of Washington and Bristol Streets. Impacted parcels consist of seven (7) commercial parcels, one (1) of which is vacant, six (6) residential parcels, two (2) of which are vacant, and two (2) mixed use parcels. The mixed use parcels are comprised of two (2) residential units and four (4) commercial units. The Project will result in the displacement of six (6) residential households and twelve (12) businesses. Table 1 details the parcel characteristics. Table 1 — Parcel Summary and Characteristics Total Occupied I Vacant Parcel Type Commercial 7 6 1 Residential 6 4 2 Mixed Use (2 res & 4 com) 2 2 0 1 55D -8 The Project will be funded through the Orange County Transportation Authority's ( "OCTA ") gas tax subvention funds, Measure M2 funds and Arterial Capacity Enhancements funds. The City has retained the services of Paragon Partners, Ltd. ( "Paragon ") to prepare a Relocation Plan (the "Plan ") to provide the City with information regarding the potential impacts of the proposed project on the affected residential and commercial occupants. This Planis organized into five sections as follows: I. General Information II. Assessment of Relocation Needs III. Relocation Resources IV. Relocation Assistance Program V. Administrative Provisions PURPOSE OF THE RELOCATION PLAN The purpose of the Plan is to provide the City of Santa Ana with information about the impact of the proposed Project on residential and business occupants to be displaced and to develop solutions to minimize the adverse impacts of such displacements. More specifically, the primary objectives of the Plan are as follows: 1. To conduct a survey of relocation needs of the households and businesses displaced by the proposed Project. 2. To perform an analysis of the relocation needs of individuals, families, and businesses. This includes a determination of the location factors and characteristics required in identifying comparable replacement housing sites. The replacement housing sites should exhibit: a. Equivalency to the displacement unit b. Compliance with applicable local housing codes c. A decent, safe and sanitary condition d. Affordability to the displaced person e. Availability in an area which is compatible with the housing needs and location factors established in the survey f. Availability on the market g. Availability to displacees without regard to age, race, color, religion, sex, marital status or national origin 3. To conduct a survey and analysis of available relocation resources. This survey will aid in determining whether comparable and suitable replacement resources are available to the affected residences and businesses. 4. To outline the City's relocation procedures, funding sources and time frame for relocation activities. This is to assure that uniform, fair and equitable treatment is provided to all displacees of the proposed Project. 55b -9 5. To determine the needs of displacee as well as the potential costs to effectively relocate the displacee. 6. To determine any need for Last Resort Housing for the relocation of any household that will require financial assistance beyond the limits set by state statute. CITIZEN PARTICIPATION In accordance with Section 6012 of the California Code of Regulations, Title 25, Chapter 6, the City will ensure the following: 1. Timely and full access to all documents relevant to the relocation program. The City will only restrict access where confidentiality is protected by law or its disclosure is prohibited by law. 2. The information in documents provided does not compromise the privacy of eligible persons. 3. The Provision of technical assistance necessary to interpret elements of the relocation plan and its pertinent materials. 4. A general notice of the Plan shall be provided to all displacees within the proposed Project area. The draft Plan may also be available for public review for 30 days and distributed to interested citizen groups, and other public agencies for review and comment. 5. Copies of the Plan shall be available for review 30 days prior to final approval and adoption by the City of Santa Ana. Comments from displacees and other interested persons regarding this Plan should be sent to: Peter Rhoad Paragon Partners 5762 Bolsa Avenue, #201 Huntington Beach, CA 92649 6. The right of any persons to submit written or oral comments and objections, including the right to submit written comments on the Plan when it is forwarded to the City for final approval. 7. Prompt written responses to any written comment, objection or criticism. 8. Upon receipt of public comments, the Plan will be reviewed to ensure that it is feasible, complies with applicable environmental standards, locally adopted rules and applicable laws and regulations. 9. Public comments and the City's response will be included in the Final Plan. 10.Upon completion of all reviews, the Plan will be presented for adoption by the City. 55D310 REGIONAL LOCATION AND DESCRIPTION The City of Santa Ana is approximately 10 miles inland from the Pacific Ocean, on the largely seasonal Santa Ana River. The Santa Ana Freeway (Interstate 5) runs through the city, and the Costa Mesa (55 Freeway) and Garden Grove Freeway (22 Freeway) travel along the citys' edges. The City of Santa Ana is adjacent to the Cities of Anaheim, Costa Mesa, Fountain Valley, Garden Grove, Orange and Tustin. Figure 1 below is an area map showing the regional location of the project. Figure 1: Project Area Regional Map 'A Bra drxY YrOr rlv,M Arshrresf anahxlm � sr zEiii se,,0,- �j. Yr Mit'd 3 waasr A•e rr „II Aw Santiago Oaks -e m ¢ Yla Narh Re9ronal Cak g cN rtoeae Disneyland N \�- vYt, Pan °yVqd $Hinton Aar II A n. w veltapmavA Irvine Regurnal Pk ,p°o le N a GfanffC 510 20I r wlllla Aw *gy, Garden Grove to ii '. iraa4 AV ® 31 N OIIh lU511n - V(esrr.rr..l[. A�. y+ E1RIfi 91 d a Project Site el a. Westminster MMrraY Cif' ^ mlza MC y WIS�51 Santa /ifla U9lln ° ngaofi 1t') 261 341 Loma Ridge e [a in'r A.a a k�q aY nin /$n jt �/ Yt Cd 9er AOe rfidow A'. 3 Mile Square GOlf Course Fountain n. ° ,b5> '' Valley f k ry nn„irui Ea H 9 doe i earl IIA nAem 1 s� Irvine D k n i �aA> le W 'dllntPl'le. AP 96dN >rQS _ { - _ - Jd\n Wayne Aiiroorl 551J-11 • ny i Cl,l i i Y :. Old e Ship: t„ - � �1 a •¢ ST t I � Sinta Am Co "llege $ 1 .� 0.•" M • iS F - .. . { it M —� L VIA I. qr 41, � J a , tt t f •- E f PS � VySJ �sl itutor; M� ' '� t�y)s �, � _y l3d'+�u'urlf1tC117.4(� t t S AN'�` GENERAL DEMOGRAPHICS AND HOUSING CHARACTERISTICS According to the 2010 U.S. Census, the total population of the Cit of Santa Ana is 324,528. The median age in the City of Santa Ana is 29.1 and 30.7 within Census Tract 751. Tables 2 and 3, below, compare census data between the City of Santa Ana and Census Tract 751, for population and housing units. ® ' a •.. Race and Ethnicity City % CT 751 White 148,838 45.9 6,360 63.7 Black of African American 4,856 1.5 265 2.7 American Indian or Alaska Native 3,260 1.0 89 0.9 Asian 34,138 10.5 484 4.8 Native Hawaiian or Other Pacific Islander 976 0.3 22 0.2 Some Other Race 120,789 37.2 2,502 25.1 Two or More Races 11,671 3.6 261 2.6 Total Population 324,528 100 9,983 100 - Hispanic or Latino of Any Race) 253,928 78.2 7,473 74.9 Type CICy % Total Housing Units 76,896 100 2,057 100 Owner - Occupied 34,756 47.5 773 39.3 Renter - Occupied 38,418 52.5 1,195 60.7 Total Occupied Units 73,174 100 1,968 100 Total Vacant Housing Units 3,722 4.8 24 4.2 Homeowner Vacancy Rate - 1.9 - 1.4 Rental Vacancy Rate - 4.9 - 4.6 Average Household Size 4.37 - 3.94 - II. ASSESSMENT OF RELOCATION NEEDS SURVEY METHOD To gather the necessary information for the Relocation Plan, personal surveys were conducted with residents and business owners within the project area during the months of October through December 2013. The surveys were conducted in English and Spanish as appropriate. Surveys were completed with five (5) of the six (6) residential households. Nine (9) out of twelve (12) non - residential uses were interviewed, due to lack of access to the remainder. (See Exhibits A and B for sample Relocation Interview Forms) 556 -13 The residential occupants were asked about the number of occupants, size of unit, length of occupancy, disabilities or special needs, household income, desired area for a replacement dwelling, etc. Likewise, the business occupants were asked about the nature of the business, number of employees, size of unit, the preference to lease or purchase a replacement site, areas of preference, specific licensing needs and any specific needs for the replacement site. The information provided by the residential and commercial occupants has not been verified and is solely based on verbal information, which is sufficient for the purpose of completing the Plan. RESIDENTIAL DATA AND NEEDS ASSESSMENT Field Survey Data The six (6) residential households are comprised of three (3) owner - occupants and three (3) tenant occupied households. Two (2) of the six (6) residential households occupy a mixed use property. From the six (6) households, three (3) are of Hispanic or Latino origin, one is Caucasian and two are Asian. The households are comprised of eighteen adults and four minors. Project Occupancy Data Based on survey information, the housing mix of the Project area consists of six single family dwellings. Table 4 displays the number of bedrooms per housing unit. Table 4 — Existing Project Housing Breakdown by Bedroom Count (3 Owner - Occupants and 3 Tenant Occupants) Project Area Rents The average monthly rent for the three renter - occupied dwellings is $1,567. Table 5 below itemizes the range and average paid for monthly rent, based on bedroom count. Replacement Housing Needs Replacement housing needs for tenant occupants are based on the ratio of total household occupants to number of bedrooms. The U.S. Department of Housing and Urban Development ( "HUD ") standard for the maximum number of occupants within a particular dwelling follows a 2 + 1 theory, which allows for two occupants per bedroom, with one occupant able to occupy a separate den, living, or family room. Thus, a one - bedroom dwelling may accommodate three people; a two- bedroom may accommodate up to five people, and a three - bedroom up to seven people. Based on this occupancy standard, one of the respondent households has been identified as being overcrowded when determining specific housing needs. Referrals 5501-14 Two Three Bedroom Size Range $2,000 $1,200 - $1,500 Average (only one unit) $1,350 Replacement Housing Needs Replacement housing needs for tenant occupants are based on the ratio of total household occupants to number of bedrooms. The U.S. Department of Housing and Urban Development ( "HUD ") standard for the maximum number of occupants within a particular dwelling follows a 2 + 1 theory, which allows for two occupants per bedroom, with one occupant able to occupy a separate den, living, or family room. Thus, a one - bedroom dwelling may accommodate three people; a two- bedroom may accommodate up to five people, and a three - bedroom up to seven people. Based on this occupancy standard, one of the respondent households has been identified as being overcrowded when determining specific housing needs. Referrals 5501-14 presented to any potential tenant displacee will reflect the appropriate bedroom count as required by the HUD standards. Table 6 illustrates the number, type and dwelling size required to accommodate the Project area households, based on current number of occupants. Income Income information was gathered from all of the tenant households. Tenant occupied income ranged from $4,102 to $5,600 per month with a mean monthly income of $4,901. The households averaged four (4) occupants per household, which is slightly higher than that of the City of Santa Ana and Census Tract 751. Table 7 below categorizes tenant occupied household income based on HUD's 2014 Income limits for Orange County. (See Exhibit K for HUD Income Limits) Household Table 7. Tenant Income Category 2014 HUD Extremely Very Lower Median Moderate Income Category Low Low Income Income Income No. of Households 1 2 0 0 0 Senior /Handicapped Households One of the households reported having at least one senior person as part of their household. None of the households reported having a household member with a disability. li![QPE 7:61U74Z111iF111117_iIFaV_10 i7�i 17�� 3F FWZY11 Assessment of Needs All of the business owners surveyed indicated a preference of relocating to the immediate or surrounding area. English was identified as the primary language for all of the businesses which cooperated with the Plan survey. All except three of the non residential occupants participated in the Plan survey. Project Occupants The twelve non - residential uses are comprised of eight owner - occupants and four tenant - occupants. The Project area includes four medical /dental uses, one restaurant, a karate studio and six professional offices. Please refer to Table 8 on the following page for occupant details. 55D -15 Non d- Employees Square Feet Rent Range & Average Type Number Restaurant 1 50 2,510 Percentage of sales Medical /Dental 4 2 - 6 1,214 — 4,103 N/A Professional Office 6 0 - 4 100-1,561 $3.57 - $6.41 Instructional Studio 1 0 1,800 N/A The average number of employees in each of the nine businesses interviewed is six (6). The largest operation has fifty (50) employees and the smallest is owner occupied with no employees. The average size of the space utilized by each business surveyed is approximately 1,433 square feet and ranges from 100 to 4,103 square feet. The average lease rate is $4.45 gross, with a range of $3.57 to $6.41 per square foot. None of the businesses reported having any employees with any disabilities that would need to be accommodated at a replacement site. Two of the businesses indicated that they operate under a month to month rental agreement and three others did not respond to the Plan survey. All respondent business owners indicated a preference to relocate within the immediate area, including the Cities of Santa Ana and Orange. The City's relocation consultant conducted on -site interviews from October through December 2013 and evaluated each potentially impacted residential dwelling and business operation in the Project area to assess the needs and requirements for a replacement site. The information gathered was used as the basis for an extensive resource survey to determine the availability of replacement housing and commercial replacement sites. The following sources were utilized: • Windshield /drive -by surveys conducted in Fountain Valley, Santa Ana and Orange • Classified rental listings from local newspapers and For Rent publications • Multiple- Listing Services • Internet resources The research encompassed dwellings for rent and for sale as well as potential commercial sites for lease and for sale. Search efforts were generally contained within a 5 -mile radius of the Project area. RESIDENTIAL PROPERTY FOR SALE Current market conditions have resulted in a surplus of available replacement housing. Generally, two, three and four bedroom homes are in ample supply, therefore creating a sufficient number of available replacement sites for the two owner - occupants. Table 9 on the following page summarizes a sample of available replacement housing listed for sale. 55D916 Table 9: Replacement Single Family Two Bedroom Three Bedroom Dwellings 25 (2) 14(l) No. Dwellings Available 12(l) 52 (2) Needed $1,700 - $2,950 $2,150 - $3,475 Price Range $295,000 - $440,000 $275,000 - $499,900 Average Price $379,491 $420,385 RESIDENTIAL PROPERTY FOR RENT Replacement housing research data indicates an adequate supply of rental properties available to the three residential tenant - occupants. As with any resource survey, results reflect conditions at a given point in time, and may or may not be available at the time of displacement. A sample of replacement housing data in the City of Santa Ana is summarized in Table 10 below. Table A Replacement Single Family Dwellings Three Bedroom Dwelling Four Bedroom Dwelling No. Dwellings Available 25 (2) 14(l) (Needed) Rental Range (Monthly Basis) $1,700 - $2,950 $2,150 - $3,475 Average Rent $2,298 $2,665 (Monthly Basis) Considering the availability of replacement housing resources, it appears that there are adequate replacement resources available to displaced residential occupants. While adequate replacement sites are available, displaced tenant occupants will likely experience an increase in rent. Rent increases will be addressed through the City's obligation under the relocation program, including Last Resort Housing requirements. (See Section IV) The City will be responsible to assist each household in relocating to comparable replacement housing. Any replacement housing unit approved by the City must meet decent, safe and sanitary housing requirements in accordance with Title 25 California Code of Regulations. In order to meet these standards, a replacement site must meet the following criteria: • Be structurally sound; weather tight and in good repair • Contain a safe electrical wiring system adequate for lighting and other devices • Contain a safe heating system capable of sustaining a reasonable temperature • Be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced household 556-17 • Contain unobstructed egress to safe, open space at ground level. If the dwelling unit is on the second story or above, with access directly from or through a common corridor, the common corridor must have at least two means of egress. • For a person who is not mobile or impaired, be free of barriers which would restrict reasonable ingress, egress, or use of the dwelling BUSINESS REPLACEMENT SITES The availability of replacement sites for lease and sale was researched as part of the study. Search efforts focused on the City of Santa Ana and surrounding cities. Table 11 below summarizes the replacement sites found. . itailable Commercial No. of Space Size Range and Cost Range & Average Property Type Properties Average SF Per Sq. Ft.) Office — For Lease 36 (4) 300-2,442 $0.99 - $3.70 Available / Need 823 $1.55 Office — For Sale 42 (5) 412-12,860 $101-$411 Available/ Need 4,174 $244 Mixed Use — For Sale 6 (2) 1,850 — 2,953 $229-$293 Available / Need 2,403 $267 Restaurant— For Sale 3 (1) 4,000 — 4,264 $900,000 - $2,995,000 Available/ Need 4,088 $464 COMPETING PROJECTS There are no projects of a size that would impact the available inventory for replacement sites within the City of Santa Ana. There are therefore adequate replacement sites to accommodate displaced businesses. ALTERNATE HOUSING PROGRAMS When available, Section 8 Housing Vouchers are granted by the Housing Authority of Orange County to qualified low and moderate income families, seniors and disabled persons to secure suitable and affordable housing. The City does not have its own housing authority among its various departments, but its residents fall under the jurisdiction of the Housing Authority of the County of Orange. However, one of the functions of the relocation program is to provide qualified displaced households rental assistance for the incurred increase rent for a period of forty -two (42) months. Therefore, the scope of assistance provided by the relocation program through the City should meet the displacement needs. TEMPORARY HOUSING NEEDS The City does not foresee a need for temporary housing as a result of Project acquisition or relocation requirements. However, should such a need arise, the City will respond appropriately and in conformance with applicable laws, regulations, and guidelines. 55D118 PROGRAM ASSURANCES AND STANDARDS There are adequate funds to relocate all the households that would be displaced if the Project is implemented. Relocation 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 and Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. SUMMARY The purpose of this Plan is to evaluate and assess the needs of residential and business displacees impacted by the proposed Project. Based on information gathered from interviews, site inspections and survey data, adequate sites are available to successfully relocate residential and business displacements. Therefore, the Project will not require special consideration other than Last Resort Housing. However, given the proposed project timing, it will be critical to gain cooperation from each resident and business owner, to allow sufficient time to identify a relocation site, obtain cost estimates, complete any physical improvements, navigate the permitting process, and complete the escrow process if a replacement site is being purchased. IV. RELOCATION ASSISTANCE PROGRAM The City will be providing a comprehensive Relocation Assistance Program to all families and businesses displaced by the Project. The City's Relocation Program is designed to minimize hardship and be responsive to unique project circumstances. Services will be provided in such a manner to ensure consistent and equal treatment of displacees, without regard to race, nationality, color, religion, national origin, sex, marital status, family status or disability. Paragon has been retained by the City to administer the Relocation Program. Relocation representatives will be available to assist all displaced households and businesses. Staff can be contacted by calling the phone number listed below, from 8:00 a.m. to 5:00 p.m. Monday through Friday at: Paragon Partners, Ltd. 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 Office 714 - 379 -3376 / Fax 714. 373 -1234 The City's comprehensive Relocation Assistance Program consists of advisory and financial assistance. These principal components will be implemented in accordance with the California Relocation Assistance Law (Government Code 7260) and the California Code of Regulations, Title 25, Chapter 6, as amended. 556-19 ADVISORY SERVICES Individuals, families and businesses moving from existing homes or business sites as a result of the Project will receive advisory assistance, which includes the following: Provision of all required brochures and notices (See Section V, Administrative Provisions) Determination of the needs of each residential and business displacee eligible for relocation assistance Provide displacees with referrals to replacement properties within a reasonable time prior to displacement 4. Provide reasonable services and assistance to successfully relocate residents and businesses being displaced by the Project 5. Assure that no occupant is required to move without a formal written 90 -Day Notice to Vacate the premises (See Exhibit J) 6. Provide advisory assistance to a displacee with regard to the process of filing a formal grievance or appeal RELOCATION BENEFITS TO RESIDENTIAL OCCUPANTS The City's Relocation Assistance Program will help eligible occupants by paying necessary expenses to relocate to a replacement site in accordance with applicable relocation guidelines. These costs are limited to those necessary for the purchase or rental of a comparable replacement property and moving costs of personal property. 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 financial assistance. Moving costs and relocation benefits will be paid to eligible displacees upon submission of required claim forms and documentation in accordance with the City's administrative procedures. These include: MOVING EXPENSE PAYMENTS Any eligible displaced person who lawfully occupies the property being acquired, regardless of the length of occupancy, will be eligible for reimbursement of moving costs associated with property located at the displacement site. Displacees will receive either a fixed moving payment based on a room count schedule or actual cost associated with a professional move. A. Fixed Payment (Room Count Schedule) The displacee, while taking the responsibility for the move, may elect to receive a fixed moving payment for a self -move based on a room count of furnished rooms in the displacement dwelling. The fixed moving payment is a one -time, allowance for a self - move that does not require back -up documentation. The current schedule for fixed moving payments is set forth in Table 12 below: 5501320 Table 124 Fixed Moving Occupants-Furnished Rooms Room Count Schedule Payment 1 Room $685 2 Rooms $880 3 Rooms $1,100 4 Rooms $1,295 5 Rooms $1,570 6 Rooms $1,815 7 Rooms $2,090 8 Rooms $2,365 Each additional room $250 Occupants-Unfurnished Rooms 1 Room not furnished $450 Each additional room $85 B. Actual Cost (Professional Move) The displacee may elect to retain the services of a licensed professional mover, in which case the City will pay for the actual cost of the move within a 50 -mile Project radius, based on the lower of two acceptable moving bids. After the move is complete, the displacee may pay the mover directly and seek reimbursement from the City or request a direct payment to the mover. RELOCATION BENEFITS TO OWNER- OCCUPANTS Frequently, an owner - occupant displaced from their dwelling will have to pay more to purchase a comparable replacement dwelling than received for the purchase price of their existing dwelling. The increased cost may be due to a limited number of available replacement housing in the area or the need to improve the quality of housing to meet minimal acceptable housing standards. In this situation, the owner - occupant will be eligible for a replacement housing payment provided they have owned and occupied the property for at least 180 days prior to the first written offer by the City to purchase the property. California State Relocation laws and guidelines provide a basic entitlement of up to $22,500 to compensate the owner - occupant for a Purchase Price Differential, Increased Mortgage Interest Differential Payment (if applicable); and Non - Recurring Closing Costs, which are explained below. REPLACEMENT HOUSING PAYMENT Once the fair market value of the dwelling being acquired by the City is determined, an analysis of the existing housing market is made to determine the costs of a comparable replacement dwelling. The difference between the price received for the existing dwelling and the purchase price of a comparable replacement dwelling is determined to 556-21 be the Purchase Price Differential. For example, if the existing owner- occupants' dwelling is valued at $400,000 and it is determined that a comparable replacement dwelling is available for $420,000; the maximum Purchase Price Differential payment would be $20,000. In order to receive the $20,000 Purchase Price Differential payment, the owner- occupant must purchase and occupy a decent, safe and sanitary dwelling costing at least $420,000 within one year from the later of either displacement or payment of the purchase price of the dwelling acquired by the City. If the replacement dwelling costs less than $420,000, the Purchase Price Differential payment would be reduced to reflect the actual difference between the cost of the dwelling being acquired by the displacee and the price paid for the home by the City. NON - RECURRING CLOSING COSTS As a part of the cost associated with the purchase of a replacement dwelling, certain costs are generally incurred. These include, but are not limited to: appraisal fees, title and escrow fees, recording fees, loan processing fees, and cost for credit reports. These one -time fees associated with purchasing a replacement dwelling are reimbursable to the owner by the City. These expenses must be actually incurred and documented on a Final Closing Statement supplied by the escrow or title company. Recurring costs such as real estate taxes, insurance and association dues are not eligible as reimbursable costs. INCREASED MORTGAGE RATE DIFFERENTIAL PAYMENT In some cases, a displaced owner - occupant will find current market interest rates or program costs exceeding their existing program. Under California relocation guidelines and regulations, a payment may be made to enable the displacee to reduce their replacement mortgage balance to the level of the existing mortgage payment and remaining term, computed using the mortgage interest rate at the replacement dwelling and subject to the eligibility requirements. Except in the case of Last Resort Housing situations, and pursuant to the California relocation guidelines and regulations, payment for the combination of the Replacement Housing Payment, Non - Recurring Closing Costs and any Increased Mortgage Interest Differential Payment is limited to a maximum of $22,500. RELOCATION BENEFITS TO TENANT - OCCUPANTS Residential tenants who have established their residency in the displacement dwelling at least 90 days prior to the first written offer by the City, for the property acquisition, will be eligible to receive a Rental Assistance Payment ( "RAP "), in addition to a payment for moving expenses. Payment to residential tenants are determined on the basis of their current rent, their ability to pay, market rent of a comparable replacement dwelling and actual rent of the replacement unit plus any estimated cost increase for utilities. Except in the case of Last Resort Housing situations and, pursuant to California Relocation Law, any RAP is limited to a maximum of $5,250. A tenant who has established their residency in the displacement dwelling less than 90 days prior to the first written offer by the City, for the property acquisition, will only be eligible for a moving expense payment unless they qualify under Last Resort Housing. Such assistance is authorized when comparable replacement housing is not available at rental rates within the tenant's 55D522 financial means. A tenant who has occupied the displacement property less than 90 days prior to the City's original written purchase offer to the property owner is eligible for Last Resort Housing is based solely on income qualification. Calculation Sample of Select Lesser Of: 1. Old Rent $750 Old Rent plus utilities OR 2. Ability to Pay $650 30% of gross household income $650 Yields Base Rent Subtract Base Rent From The Lesser Of: 4. Comparable Rent $800 Replacement site plus utilities OR 5. Actual Rent Paid $750 Actual new rent plus utilities $750 Yields New Rent Factor Rental Assistance Payment 6. Monthly Need 1 $100 Rent Factor $750) minus Base Rent $650 Payment 1 $4,200 Monthly Need multiplied by 42 months Tenants may choose to use their RAP for a down payment allowance and /or non- recurring closing costs when electing to purchase a replacement home. LAST RESORT HOUSING California Relocation Assistance Law (Government Code 7260), California Code of Regulations, Title 25, Chapter 6 contains policy and procedures for implementing a Last Resort Housing Program. This program is authorized by statute if affordable replacement housing cannot be found within the basic statutory relocation amount of $5,250 for tenants and $22,500 for owner occupants. Based on the results of our survey, all of the households in the Project area will likely qualify for Last Resort Housing. The following is the recommended course of action for the Project displacees and a summary of their entitlements for replacement housing: • Provide additional rental assistance and replacement housing payments above the statutory limits of $5,250 and $22,500, respectively, with payments being made toward the rent differential or down payment to purchase a replacement site. RELOCATION BENEFITS TO DISPLACED BUSINESSES Business displacees are entitled to receive advisory and financial assistance to relocate to a replacement site. A displaced business may be eligible for actual reasonable moving and related expenses and up to $10,000 for Reestablishment Expenses. These costs can be summarized as follows: 556-23 BUSINESS MOVING EXPENSES • Transportation costs to move personal property up to 50 miles from the displacement site • Packing, crating, unpacking, and uncrating of the personal property • Disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery, equipment, other personal property, and certain substitute personal property. This includes modifications to the personal property necessary to adapt it to the replacement site, including connection charges imposed by public utilities for starting utility service. • Reasonable storage expenses as deemed necessary by the City for a period not to exceed twelve months. Storage expenses must be preapproved. • Insurance for the replacement value of personal property in connection with the move and necessary storage • Any license, permit, or certification required for the operation at the replacement site. However, the payment shall be based on the remaining useful life of the existing license(s), permit(s) or certification(s) of the business. • The replacement value of the property lost, stolen, or damaged in the moving process, where insurance did not cover the loss • Professional services necessary for planning the move, moving the personal property, or installation of relocated personal property at the replacement site. Professional services must be preapproved. • Re- lettering signs and replacing stationery on hand at the time of the displacement that is made obsolete as a result of the move • Actual direct loss of tangible personal property incurred as a result of moving. Payment will be based on the lesser of the items' fair market value less sale proceeds, or the cost to move the item within a 50 mile radius. • The reasonable cost incurred in attempting to sell an item that will not be relocated • Purchase of substitute personal property, when approved by the City • Searching cost for a replacement location not to exceed $1,000 REESTABLISHMENT EXPENSES Reestablishment expenses not to exceed $10,000 which shall include the following: • Repairs or improvements to the replacement real property as required by law, code or ordinance • Modifications to replacement property to accommodate the business operation or make the replacement structure suitable for conducting business • Construction and installation costs for exterior signage to advertise the business • Provision of utilities from the right of way to the improvements on the replacement site • Redecoration or replacement of soiled or worn surfaces at the replacement site • License and permit fees when not paid as part of moving expenses • Feasibility surveys, soil testing and marketing studies • Advertisement of replacement location • Professional services in connection with the purchase or lease of a replacement 55D -24 site • Estimate increased costs of operation during the first two years V. ADMINISTRATIVE PROVISIONS NOTICES Any official notice that the City is required to provide a Project occupant shall be personally delivered or sent by certified or registered first -class mail, return receipt requested. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or additional assistance. The four principal notices are: 1. General Information Notice (See Exhibits C and D) 2. Informational Brochure (See Exhibits E and F) 3. Notice of Eligibility (See Exhibits G, H and 1) 4. 90 -Day Notice To Vacate (See Exhibit J) The General Information Notice and Relocation Brochure is intended to provide potential displacees with a description of the City's relocation program, eligibility criteria, information regarding potential financial assistance, and appeal rights. The Notice of Relocation Eligibility will contain a determination of eligibility for relocation assistance and a description or itemization of potential entitlement benefits. No lawful occupant affected by the Project will be required to move without having received at least 90 days advance written notice of the earliest date by which the move will be necessary. The 90 -Day Notice will either state a specific date or state that the occupant will receive a further notice indicating at least 60 days in advance, the specific date required to move. A 90 -Day Notice will not be issued to any residential displacee without first being given information regarding comparable housing. LANGUAGE ASSISTANCE If necessary, language assistance will be available for occupants who do not understand or speak English. RELOCATION APPEAL PROCESS A person, who disagrees with a determination as to eligibility for benefits, a payment amount, failure to provide comparable replacement site referrals, or the City's property management practices, may file a request for a review and /or appeal in accordance with Section 6150 of the California Code of Regulations, Title 25, Chapter 6 and the City's Grievance Procedures. See Section VI, Exhibit L for written policy and procedures. 556 -25 EVICTION POLICY The City recognizes that eviction is permissible only as a last resort. Eviction will only take place in cases of illegal occupancy, nonpayment of rent, serious or repeated violations of material terms of the rental agreement, a dangerous or illegal act in the unit, or if the occupants refuse all reasonable offers to comparable housing. In all cases, relocation records must be documented to reflect the specific circumstances surrounding the eviction. The City pledges that an eviction will not be undertaken for the purpose of evading its obligation to make payments under its Relocation Assistance Program or other assistance to which a Displaced Person may otherwise be entitled. PROJECTED DATES OF DISPLACEMENT Although no displacee will be required to vacate without a minimum of a 90 day written notice, an occupant in the Project area may choose to vacate prior to the issuance of a 90 -Day Notice once they receive their Notice of Eligibility and are assured that they will receive relocation assistance. The projected dates of displacement are between December 2014 and February 2015. ESTIMATED RELOCATION COSTS The relocation budget estimate is based on the data obtained through occupant interviews, the current Project scope, the experience and judgment of Paragon staff and the requirements and limits of the City's relocation program. The relocation budget estimate does not include any payment for property acquisition, loss of business goodwill, leasehold bonus value, or professional fees necessary to implement the Relocation Assistance Program. The City pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project, in accordance with applicable relocation laws. THE ESTIMATED RELOCATION $ 2,608,804 $ 260,880 ESTIMATED TOTAL $ 2,869,684 55D926 (10 % Contingency) (Rounded) EXHIBIT A: Interview Form - Residential MON 0MWMAL I10SLOCRT #IlN FAxERVURN rn,por, Pad2pa Ltd.. Site W.04n Dale, I d ■ftelea DaW 1 A�_ i Im"OMix Daba:: t f_ C..# -. a larrti.. HeadaF.Dassdadd; Day Tel >•$�Y lwa Add6 . AAlrtg f3H 0 rs�ea Ob Hoaaa TeW OkhW#( l aaaan! 5 #: DISPLA.- STATI'S ACS OTHER UTILITIES I TIES. OcoGPaooM SYatac .A LjjOem ErFRa7C1T9'.'. 0 WdtelCaucasaaa Afiioan Ama6eiean DTLITESPwa OTTEMANf 136- 130e -h5dty OWabr plead+ T' MAO QatW 13010 OFSPLWement Sl*Fearoaaarum I Rsyrlaaed t ReeFxiramreaal:'E =Hat ® mot LaCno ITHLMES INCLIIdEDYWTHREMI: FamWaod -m aamlMeibeb?❑ _1One Asia Mar _ ------- .- ._._..._ OGm DElaft" DYWabe Olaasla Ta�ard'framdkeeavaaoadorF#MCarJ. AaMSSnaMaya,F Cm%W5=aoF..m*-- DExceW&R 130mod C3Fair OPoor PREdRI.L&MAAG1E: AadianxsOwneddwTeaaor- pIw wWrmup tarpon Omiem 8E�Wlh p h E33tum IlReMaerator OWO ❑PAM ?(dacaim)._.._ .. .. . . . . .. iner.------------- . ®Ocher... _...._.. ®M aooacalpanTa Jxa6ear ArxxaiMaia11647'Q Y26 Q Na SPECIALIZED NEEDS _ rloxrebraaiareas ?._..__. ®Hit Dyes a :.aMbruiw6alalaMn'o-wma�xza.aaos i55siald Elderdy Noasehadd? Mymbove Mammal araufd'Ioa canem ebrtmatingmor arom aaea? O Yes O Na _..5£ pau...reeu._ O No p Y.. emaaniea,aneaxaranw` axa No ❑Yes saga man. andMLhe INCOME INFORMATION mpFj&mmmdarena P.elheaaorb '. aamblaapbeaTeavraAabNxagT. ®Yes ONm draodrireypeddbaaehaM? ®No0Yea TOTAL HOUSEHOW MOWNLY RENTERSZ Total Mcedbly Red: 477= saoead -W iKas— 8) th Landlord. palsaace,.al.ayn�emPoac'of Aaaal•.anmHd, O Moollw4bemanth O Lease 13 YMani'.Ift Coolad 1) DayoG etlaoameirom apn'alrorsaT Lease enArdioae dab I I _.._._.._. -a➢ la R"a4u ---- -- ns: ao3`r^arsr }ae�? ONOOYes Security Deposal? .__..._._._... .. ._.... _... ...__._.......... ,.1° ®� S'��. i1"TlahxxlS PmiiaRal'rbR'� .____._._._..___.__.- ._ -. -. " jlae @aRj�'GlflAb idAart.lYibdalb RC DUe I f N.&.1floe nearaoaoe eanrera bem ffidheceonen '- Ceoeal Casewoabr. _.___.._.... g � ---- medaaad racvTddea? ➢aeFecs daariavae,ybaf_s �Ho OYes -My TFFR: ¢.�.2, Exit. rNarcnaaaoar. ...._...._. -. ._.._...____ .._... ------------- .. � AnsapY Womax, OWNERSHIP/ FINANCIAL. INFORMATION O M- doaOel -I 13 Cam, Cle. e Ocer Spoaaeed? dAesrraae: IT oramomheamem- Y O._N YaaraaA: AaDeaz sa_a Da goo ran[aruaa T POrmo nr ivarAaaFani°e Q Nu ® Yes .- _e ._-_.C_.. _ . YJwafmoC.' ?e [3Yas CINo Cdae PaMisAedaraooe ?O. Mp Lm fff, pa—opal c4pakwDar" Aaimaas. mF, S a5A'ltvA§�AYF�rtnn�d'LFJYMj O Fizad f] AradaNa ab^RR^.._ctwaann.am:' Ofted R% ..____...,_..._.__. _._._._._._-..._._..- aM ar Pauoary Traaaspar✓idobM L ry 8rat1Da9e: Chaa7? J} He. aN'aoGnaes mlY"easomebewra '.. Loan &3ai a D-car disaraxed? Dyes ONm v bxiPaF:I O Find O dede atlPR'#. O'PiOF'clrartallan �raamn[khdbiC. Also sefss to Iacaaateat'�oruA'iaedaev. '. L4MIM laaaai D -caner ._ ............... Hivaxxosm:Marearos [na aFFrirffawauaoararidy SFx i4oe 9xcoam. aeaaaviaia F re~ea+c °-- xa M F 6a M F ' as M F i} N F sa M F 6a M F ?a M F ea M F NOTES- (use ocher side if necessary) ❑ma[>uM as n..z..:z. ResPondeors S(Onatumn 55[x° - -27 Bate: �ao+u..www EXHIBIT B: Interview Form - Non Residential Project Name: _ Name of Business, Business Address: Contact Person: Phone Number: Mailing Address: _ Funding Source Alternate Phone Number: Type of Business: ❑ Corporation ❑ Sole Proprietorship ❑ Partnership ❑ Nonprofit Primary Language: Own site Lease site Monthly Payment: Other businesses under same entity: Description of Business Operation: Number of Employees: Gross Sales: $ Net Income: $ Lease Term & Options: Deposit: Move In Date: Employees with Disabilities Requiring Accommodations at Replacement Site Y / N 255D128 Current Size & Physical Characteristics: Building Size: Current Zoning: Lot or Yard Size: Existing Building, Lot or Site Features: Replacement Site Preferences: Building Size: Purchase or Lease Desired Location(s): Desired Building, Lot or Site Features: Permits or Licenses Required: Lot or Yard Size: 556-29 Third Party Issues: Are there any sub - lessees, vendors or contractors operating on site? Y / N If yes to any of the above, please provide name & phone number(s). Are there any known liens, judgments or loan obligations on the business or personal property? Y/N Planning Issues: Specialists Needed? (move planning, equipment reinstallation, calibration) Y / N Anticipated Difficulty in Locating a Replacement Property: Estimated Time to Complete Replacement Site Plans, Improvements and Move: Anticipated Need for Advance Relocation Payments: Y / N Resolution of F &E Ownership: Comments: Relocation Consultant: Date of Interview: 23 55D -30 EXHIBIT C: General Information Notice - Residential Date Name Address Santa Ana, CA 92706 SUBJECT: GENERAL INFORMATION NOTICE — Residential Occupant Dear Occupant: As part of the Bristol Street Widening Project, between Washington Avenue and 17th Streets, the City of Santa Ana ( "City ") seeks to acquire the property located at (address) in Santa Ana. If the City acquires the property and you are displaced for the project, you may be eligible for relocation assistance in accordance with the California Relocation Assistance Law, Government Code Section 7260, et seq., ( "Law "), and the Relocation Assistance and Real Property Acquisition Guidelines (California Code of Regulations, Title 25, Division 1, Chapter 6, Section 6000 et seq, ( "Guidelines "). The following is information about potential relocation services and payments: ADVISORY ASSISTANCE includes providing replacement property referrals, preparing and filing payment claims, coordinating moving options, and other various services. MOVING EXPENSES may be paid to those who are required to relocate personal property from the displacement property acquired by the City. 180 -DAY RESIDENTIAL OWNER- OCCUPANTS may be eligible for a replacement housing payment, increased mortgage interest cost payment and certain closing costs associated with the purchase of a replacement home, provided the occupant has owned and occupied their home for at least 180 days immediately prior to the City's first written offer to purchase the displacement dwelling. A decent, safe and sanitary replacement dwelling must be purchased within one year of receiving final payment for the acquired property or at least one comparable replacement property was made available, whichever occurrence is later. RESIDENTIAL OWNER- OCCUPANTS who have owned and occupied their homes for less than 180 days but more than 90 days prior to the City's first written offer to purchase the displacement dwelling, may be eligible for increased rent payments or a payment toward the purchase of their own home. A decent, safe and sanitary replacement dwelling must be purchased or rented within one year of receiving final payment for the acquired property or at least one comparable replacement property was made available, whichever occurrence is later. RESIDENTIAL TENANTS who have occupied the displacement home for at least 90 days immediately prior to the City's first written offer to purchase the displacement dwelling may be eligible for increased rental cost payments. A decent, safe and sanitary replacement dwelling must be rented or purchased within one year of moving from the displacement dwelling. WHEN PAYMENTS CAN BE MADE No relocation payment can be made until the City has made a written offer to acquire the real property where the person lives or operates his /her business, farm or nonprofit organization. 24 55D -31 In addition, the person who is lawfully occupying real property required for the project will not be asked to move without first being given at least 90 days advance written notice. No residential occupant, eligible for relocation payments, will be required to move unless adequate decent, safe and sanitary replacement housing, which is open to all persons regardless of race, color, religion, sex, or national origin, has been made available to them by the City or they have secured such housing for themselves. APPEALS Any person may appeal to the City if that person believes that the City has failed to properly determine the person's eligibility or the amount of payment authorized by the Law. You have the right to be represented by legal counsel, but it is not required. If you still believe a proper determination has not been made, you may seek judicial review. THIS NOTICE DOES NOT REQUIRE YOU TO MOVE AT THIS TIME This is not a notice to vacate and does not establish eligibility for relocation payments or other relocation assistance. If the City decides not to purchase the property, you will be notified in writing. If you move before receiving a Notice of Eligibility, you may not be entitled to relocation assistance. You must continue to pay your rent and to comply with all terms and conditions of your lease or rental agreement with your landlord. If you are evicted, you may not qualify for relocation assistance. NONDISCRIMINATION All services and /or benefits to be derived from any right of way activity will be administered without regard to race, color, national origin or sex in compliance with Title VI of the 1964 Civil Rights Act. The City has retained Paragon Partners, Ltd. ( "Paragon ") to implement its relocation program. Paragon will contact you to assess your relocation needs and will provide assistance throughout the relocation process. If you have any questions please contact (name) of Paragon at (714) 379 -3376. Sincerely, Jason Gabriel Principal Engineer 25 55D -32 EXHIBIT D: General Information Notice -- Non Residential Date Name of Business Address Santa Ana, CA 92706 SUBJECT: GENERAL INFORMATION NOTICE Dear Business Owner As part of the Bristol Street Widening Project, between Washington Avenue and 17th Street, the City of Santa Ana ( "City ") seeks to acquire the property located at (Address) in Santa Ana. If the City acquires the property and you are displaced for the project, you may be eligible for relocation assistance in accordance with the California Relocation Assistance Law, Government Code Section 7260, et seq., ( "Law "), and the Relocation Assistance and Real Property Acquisition Guidelines (California Code of Regulations, Title 25, Division 1, Chapter 6, Section 6000 et seq, ( "Guidelines "). The following is information about potential relocation services and payments: ADVISORY ASSISTANCE includes providing replacement property referrals, preparing and filing payment claims, coordinating moving options, and other various services. MOVING EXPENSES may be paid to those who are required to relocate personal property and equipment used in connection with the business from the displacement property acquired by the City. BUSINESSES, FARMS AND NONPROFIT ORGANIZATIONS may be eligible for searching expenses and Reestablishment expenses. WHEN PAYMENTS CAN BE MADE No relocation payment can be made until the City has made a written offer to acquire the real property where the person lives or operates his /her business, farm or nonprofit organization. In addition, the person who is lawfully occupying real property required for the project will not be asked to move without first being given at least 90 days advance written notice. THIS NOTICE DOES NOT REQUIRE YOU TO MOVE AT THIS TIME This is not a notice to vacate and does not establish eligibility for relocation payments or other relocation assistance. If the City decides not to purchase the property, you will 26 55D -33 be notified in writing. If you move before receiving a Notice of Eligibility, you may not be entitled to relocation assistance. You must continue to pay your rent and to comply with all terms and conditions of your lease or rental agreement with your landlord. If you are evicted, you may not qualify for relocation assistance. APPEALS — Any person may appeal to the City if that person believes that the City has failed to properly determine the person's eligibility or the amount of payment authorized by the Law. You have the right to be represented by legal counsel, but it is not required. If you still believe a proper determination has not been made, you may seek judicial review. NONDISCRIMINATION — All services and /or benefits to be derived from any right of way activity will be administered without regard to race, color, national origin or sex in compliance with Title VI of the 1964 Civil Rights Act. The City has retained Paragon Partners, Ltd. ( "Paragon ") to implement its relocation program. Paragon will contact you to assess your relocation needs and will provide assistance throughout the relocation process. If you have any questions please contact (Name) at (714) 379 -3376. Sincerely, Jason Gabriel Principal Engineer 27 55D -34 EXHIBIT E: Informational Brochure ® Residential I. General Information II. Assistance In Locating A Replacement Dwelling III. Moving Benefits IV. Replacement Housing Payment — Tenants V. Section 8 Tenants VL Replacement Housing Payment - Homeowners VII. Qualification For And Filing Of Relocation Claims VIII. Last Resort Housing Assistance IX. Rental Agreement X. Evictions XI. Appeal Procedures MI. Tax Status Of Relocation Benefits XIII. Additional Information And Assistance Available I. GENERAL INFORMATION The residential unit in which you currently reside is in an area to be improved by the City of Santa Ana (City), as part of the Bristol Street Widening Project. As the project schedule proceeds, it will be necessary for you to move from your dwelling. You will be notified in a timely manner as to the date by which you must move. Please read this information as it will be helpful to you in determining your eligibility and the amount of your relocation benefits you may receive under the federal and/or state law. The City has retained Paragon Partners Ltd. (Paragon) to provide you with relocation assistance and explain the relocation program. Spanish speaking representatives are available. Si necesita esta informacion en espanol, por favor flame a so representante. DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your relocation representative with Paragon so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the City's relocation assistance program. Once the City acquires the property, you may be required to pay rent to the City. Failure to pay rent may reduce any relocation payment that you may be eligible to receive. II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The City, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to comparable housing units. However, you should actively seek such housing as well. When a desired replacement dwelling has been found, your relocation consultant will inspect the unit and advise you as to whether it meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing, heating, electrical and plumbing systems. Your new dwelling must pass this inspection before relocation assistance payments can be authorized_ 28 55D -35 III. MOVING BENEFITS If you must move as a result of displacement by the City, you will receive a payment to move your personal property. The actual, reasonable and necessary expenses for moving your personal property may be determined based on either: • A Fixed Moving Payment based on the number of rooms you occupy (see below); or A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills A. Fixed Moving Payment (Self Move) A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by The City and ranges from $450 for one furnished room to $2,365 for eight rooms in an unfurnished dwelling. Your relocation representative will inform you of the amount you are eligible to receive if you choose this type of payment. FIXED MOVING SCHEDULE - CALIFORNIA Occupant owns furniture Occupant does NOT own furniture 1 room $685 1 room $450 2 rooms $880 each additional room $85 3 rooms $1,100 4 rooms $1,295 5 rooms $1,570 6 rooms $1,815 7 rooms $2,090 8 rooms $2,365 Each additional room $250 If you select a fixed payment, you will be responsible for arranging your own move and the City will assume no liability for any loss or damage of your personal property. A fixed payment also includes utility hook -up, credit check and other related moving fees. B. Commercial Move If you wish to engage the services of a licensed commercial mover and have the City pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids which may be required, and assist you in developing a scope of services for the move. IV. REPLACEMENT HOUSING PAYMENT — 90 -DAY OCCUPANTS 29 55D -36 Tenant - occupants may be eligible for a payment up to $5,250 to assist in renting or purchasing a comparable replacement dwelling. hi order to qualify, you must be a tenant who has occupied your present dwelling for at least 90 days immediately prior to the City's first offer to purchase the property. A. Rental Assistance. If you wish to rent your replacement dwelling, your rental assistance benefits will be based upon the difference over a forty -two (42) month period between the lesser of the rent of your actual replacement dwelling and rent you must pay for a comparable replacement dwelling, and the lesser of your current rent or thirty percent (30 %) of your monthly household income if your total gross income is classified as "low income" by the U. S. Department of Housing and Urban Development's Annual Survey of Income Limits for Public Housing and Section 8 Programs. You will need to verify your monthly rent and household income in order to determine eligibility for this payment; or B. Down payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment toward the down payment and non - recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for this payment. V. "SECTION 8" TENANTS When you do move, you maybe eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation representative will provide counseling and other advisory services along with moving benefits. VI. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS A. If you owned and occupied a dwelling purchased by the City for at least 180 days prior to the first offer to purchase, you may be eligible to receive a payment of up to $22,500 to assist you in purchasing a comparable replacement dwelling. If you choose to rent rather than purchase a replacement dwelling, the payment will be based on a determination of market rent for the acquired dwelling compared to a comparable rental dwelling available on the market. This payment is intended to cover the following items: Purchase Price Differential - An amount which, when added to the amount for which the City purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the City as necessary to purchase a comparable replacement dwelling. Your relocation representative will explain both methods to you. 2. Mortgage Interest Differential — A payment to cover any increased mortgage interest costs for the replacement dwelling. Incidental Expenses — A payment for one time incidental costs related to 30 55D -37 purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner- occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that could have been received under the Purchase Price Differential, explained above. The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. VII. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following: • For a tenant, the date you move from the displacement dwelling • For an owner- occupant, the latter of: a. The date you receive final payment from the City for the acquired dwelling, or in the case of condemnation, the date the full amount of estimated just compensation is deposited in court or; b. The date which you moved from the acquired dwelling, whichever is later All claims for relocation benefits must be filed with the City within eighteen (18) months from the date on which you receive final payment for your property, or the date on which you move, whichever is later. VIII. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the City will provide Last Resort housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced person. Your relocation representative will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and last resort eligibility must be applied toward the down - payment of the home you intend to purchase. 31 55D -38 IX. RENTAL AGREEMENT As a result of the City's action to purchase the property where you live, you may become a tenant of the City. If this occurs, you will be asked to sign a rental agreement that will specify the monthly rent to be paid, when rent payments are due, where the payments need be sent, and other pertinent information. X. EVICTIONS Eviction for cause must conforrn to applicable state and local law. Anyone who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations is presumed to be entitled to relocation benefits, unless the City determines that: • The person received an eviction notice prior to the initiation of negotiations and as a result was later evicted; or • The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease; and • In either case, the eviction was not undertaken for the purpose of evading relocation assistance regulations. XI. APPEAL PROCEDURES Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have his /her claim reviewed or reconsidered in accordance with the City's appeals procedure. Details on appeal procedures are available upon request from the City. XII. TAX STATUS OF RELOCATION BENEFITS Relocation benefit payments are not considered income for the purpose of the Internal Revenue Service Code of 1986, or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. The preceding statement is not tendered as legal advice in regard to tax consequences, and you should consult with your tax advisor or legal counsel to determine the current status of such payments. XIII. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation representative. Paragon Partners Ltd. 5762 Bolsa Avenue, #201 Huntington Beach, CA 92649 (714) 379 -3376 32 55D -39 EXHIBIT F: Informational Brochure - Non Residential INTRODUCTION This booklet describes the relocation payments and other relocation assistance which the City of Santa Ana ( "City ") provides to businesses and non -profit organizations which may be required to move from real property, or move personal property from real property as a result of the Bristol Street Widening Project ( "Project "). If you are notified that you will be displaced, the City's relocation advisor, Paragon Partners Ltd. ( "Paragon "), will contact you personally. The advisor will answer your specific questions and provide additional information you may need. It is important that you do not move before you learn what you must do to receive the relocation payments and other assistance to which you are entitled. This booklet may not answer all of your questions. If you have more questions about your relocation, contact your relocation advisor. Ask questions before you move. Afterwards, it may be too late. SUMMARY OF RELOCATION ASSISTANCE As an eligible displaced person, you will be offered the following advisory and financial assistance by Paragon on behalf of the City: Advisory Services includes referrals to suitable replacement locations, preparation of claim forms for relocation payments, and other assistance to minimize the impact of the move. Payment for Moving and Reestablishment Expenses Such payments fall into two categories: Payment for your Actual Reasonable Moving and Related Expenses and a payment for Reestablishment Expenses; or A Fixed "In Lieu" Payment as an alternative to the payments for moving and reestablishment expenses GENERAL QUESTIONS How Will I know if I am Eligible for Relocation Assistance? You should receive a written notice explaining your eligibility for relocation assistance. You should not move before receiving that notice. If you do, you may not receive relocation assistance. How Will the City Know How Much Help I Need? You will be contacted and personally interviewed by your relocation advisor to determine your relocation needs and preferences for a replacement location and other services. The relocation advisor will ask about such matters as your space requirements. It is to your advantage to provide the information so that the Paragon can assist you in moving with a minimum of hardship. The information you give will be kept in confidence. 33 55D -40 How Soon Will I Have to Move? Every reasonable effort will be made to provide you with sufficient time to find and reestablish your business in a suitable replacement location. If possible, a mutually agreeable date for the move will be worked out. Unless there is a health or safety emergency, you will not be required to move without at least 90 days advance written notice. It is important, however, that you keep in close contact with Paragon so that you are aware of the time schedule for carrying out the project and the approximate date by which you must move. How Will I Find a Replacement Location? Paragon will provide you with information on available replacement locations that meet your needs. Paragon may also provide you with the names of real estate agents who may also be able to assist you in finding the type of replacement location you need. While Paragon will assist you in obtaining a suitable replacement location, you should take an active role in finding and relocating to a location of your choice. No one knows your needs better than you. You will want a facility that provides sufficient space for your planned activities. You will also want to assure that there are no zoning or other requirements which will unduly restrict your planned operations. What Other Assistance will be Available to Help Me? hi addition to help in finding a suitable replacement location, other assistance, as necessary, may be provided by the City. This includes information on Federal, State and local programs that may be of help in reestablishing a business. For example, the Small Business Administration provides managerial and technical assistance to some businesses. I Have a Replacement Location and Want to Move. What Should I Do? Before you make any arrangements to move, notify Paragon of your intention to move. This should be done at least 30 days before the date you begin your move. Paragon will discuss the move with you and advise you of any relocation payment for which you may be eligible, the requirements to be met, and how to obtain payment. I Own This Property. Will I Be Paid For It Before I Have to Move? If you reach a negotiated agreement to sell your property to the City, you will not be required to move before you receive the sales proceeds. If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court. (You should be able to withdraw this amount immediately, less any amounts necessary to pay off any liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property). 34 55D -41 What Is a Payment for Actual Reasonable Moving and Related Expenses? If you choose a Payment for Actual Reasonable Moving and Related Expenses, you may include in your claim the reasonable and necessary costs for: Transportation of personal property from your present location to the replacement location up to a distance of 50 miles. Packing, crating, uncrating, and unpacking your personal property Disconnecting, dismantling, removing, reassembling, and installing relocated and "substitute" machinery, equipment and other personal property. This includes connection to utilities available nearby. It also includes modifications to the personal property that are necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property. Storage of personal property not to exceed 12 months, at the discretion of the City Insurance for the replacement value of your property during the move and necessary storage. Any license, permit, or certification which you are required to pay at the replacement location. However, the cost must be reasonable and necessary for reestablishment at the replacement location, and the payment may be based on the remaining useful life of the existing license, permit, or certification. The replacement value of property lost, stolen, or damaged in the process of moving (not through your fault or negligence) where insurance covering such loss, theft, or damage is not reasonably available. Professional services necessary for (1) planning the move of the personal property, (2) moving the personal property, or (3) installing relocated or "substitute" personal property at the replacement location. Relettering signs and replacing stationery on -hand made obsolete as a result of the move The reasonable cost incurred in attempting to sell an item that is not to be moved The actual direct loss of tangible personal property. This payment provides compensation for personal property that is neither moved nor promptly replaced at the replacement location. To be eligible, you must make a good faith effort to sell the property, unless the City determines that such effort is not necessary. Payment is limited to the lesser of: (1) The estimated cost of moving and reinstalling the personal property, Or (2) The market value of the property for its continued use at the old location, less any 35 55D -42 proceeds from its sale. Purchase and installation of "substitute" personal property. This payment is made with an item of personal property is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site. Payment is limited to the lesser of: (1) The estimated cost of moving and reinstalling the item; or (2) The actual cost of the substitute item delivered and installed at the replacement location, less any proceeds from the sale or trade -in of the replaced item When a payment for "actual direct loss of personal property" or "substitute personal property" is made for an item, the estimated cost of moving the item will be based on the lowest acceptable bid or estimate obtained by Paragon. If not sold or traded in, you must transfer ownership of the item to the City in order to receive the payment. It is important that you discuss your plans with Paragon before you proceed. Searching for a replacement location. This payment may not exceed $1,000 and covers costs for your transportation expenses, time spent searching for a replacement location, reasonable fees paid to a real estate agent or broker to find a replacement location (not fees related to the purchase of the site), and meals and lodging away from home, if required. Paragon will explain all eligible moving and related costs, as well as those that are not eligible. You must be able to account for all costs that you incur, so keep all your receipts. Paragon will inform you of the documentation needed to support your claim. You may minimize the amount of documentation needed to support your claim, if you elect to "self - move" your personal property. Payment for a self -move is based on the amount of an acceptable low bid or estimate obtained by Paragon. If you self -move, you may move your personal property using your own employees and equipment or a commercial mover. You may elect to pay your moving costs yourself and be repaid by the City or, if you prefer, you may have the City pay the mover directly. In either case, select your mover with care. Paragon can help you select a reliable and reputable mover. Keep Paragon informed about your moving plans. You must provide Paragon with reasonable advance written notice of the date of the start of your move or disposition of your personal property. In addition, you must permit Paragon to make reasonable and timely inspections of the personal property at the old and new locations and to monitor the move. What is a Payment for Reestablishment Expenses? If you choose to receive a payment for your actual moving and related expenses, you may also be eligible to receive a payment for Reestablishment Expenses, not to exceed $10,000. Such expenses include the reasonable and necessary cost o£ Repairs or improvements to the replacement real property as required by Federal, State or local low, code or ordinance. 36 55D -43 Modifications to the replacement property to accommodate the business operation or make a replacement structure suitable for conducting your business. Construction and installation costs for exterior signs to advertise your business Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling, or carpeting. Advertisement of the replacement location Impact fees or one -time assessments for anticipated heavy utility usage Providing utilities from the right-of-way to improvements at the replacement site. Estunated increased costs of operation during the first 2 years at the replacement site for such items as lease or rental charges, personal or real property taxes, insurance prem ums, and utility charges (excluding impact fees). What is a Fixed Payment? Certain businesses and nonprofit organizations are eligible to obtain a Fixed Payment instead of a payment for actual reasonable moving and related expenses or a payment for reestablishment expenses. The Fixed Payment to a business is based on the average annual net earnings of the business operation; the Fixed Payment to a nonprofit organization is based on average annual expenses and revenue. A Fixed Payment will not be less than $1,000 or more than $20,000. To qualify for a Fixed Payment a displaced business or nonprofit organization must: (1) Own or rent personal property which must be moved from the displacement site (2) Be unable to relocate without a substantial loss of existing patronage (measured in terms of clientele or net earnings) (3) Not be a part of a commercial enterprise having more than three other entitles under the same ownership, engaged in the same or similar business activities that are not being acquired by the City. (Also, certain rental businesses are excluded.) Ordinarily, to be eligible for the minimum Fixed Payment, your business must have had average annual gross receipts of at least $5,000 or had average annual net earnings of at least $1,000, or contributed 1/3 of the your business's average gross income for the two tax years prior to displacement. Other criteria may be used if it is determined that the calculation would cause an inequity or hardship. Paragon will inform you as to your eligibility for this payment and the documentation you must submit to support your claim. Remember, when you elect to take this payment, you are not entitled to reimbursement for any other moving expenses. 37 55D -44 Must I File a Claim to Obtain a Relocation Payment? Yes. You must file a claim for each relocation payment. Paragon will prepare the required claim form, and explain the type of documentation that you must submit in order to receive the payment. If you must pay any relocation expenses before you move (e.g., a security deposit when you lease a new location), discuss your needs with your relocation advisor. You may be able to obtain an advance payment. If you are a tenant, you must file your claim within 18 months after the date you move. If you are displaced from property that you own, you must file within 18 months after the later of the date you move, or the date you receive the final acquisition payment. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified in writing of the problem and the action you must take to resolve the matter. Will I Have to Pay Rent to the City Before I Move? If the City acquires your property, you will be required to pay a fair rent to the City for the period between the acquisition of your property and the date that you move. Such rent will not exceed the market rent for comparable properties in the area. Do I Have to Pay Federal Income Taxes on My Relocation Payments? No. Relocation benefit payments are not considered income for the purpose of the Internal Revenue Service Code of 1986, or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. The preceding statement is not tendered as legal advice in regard to tax consequences. You should consult with your tax advisor or legal counsel to determine the current status of such payments. If I Disagree with a Determination of Assistance, Can I Appeal? Yes. If you disagree with the City's decision as to your right to relocation assistance or the amount of a relocation payment, you may appeal the decision to the City. Your relocation advisor will inform you of the appeal procedures. At a minimum, you will have 60 days to file your appeal with the City after you receive written notification of the City's determination of your claim. Your appeal must be in writing. If you need help, your relocation advisor will assist you in preparing your appeal. You can expect a fair decision on any appeal. However, if you are not satisfied with the final administrative decision on your appeal, you may seek review of the matter by the courts. 38 55D -45 I have More Questions. Who Will Answer Them? If you have further questions after reading this brochure, contact your relocation agent to discuss your concerns. Paragon Partners 5762 Bolsa Avenue, #201 Huntington Beach, CA 92649 Telephone (714) 379 -3376 Fax (714) 373 -1234 39 55D -46 EXHIBIT G: Notice of Eligbility -180 Day Homeowner Date Name Address Santa Ana, CA 92706 Dear Owner: On (Date), the City of Santa Ana ( "City ") made an offer to purchase the property which you own and occupy. As the eligible owner - occupant of the property, you are entitled to certain benefits under the California Code of Regulations, Title 25, Division 1, Chapter 6 and the California Government Code, Title 1, Chapter 16, Section 7260 et. seq. These benefits are briefly outlined below and are discussed in further detail in the brochure accompanying this Notice. As the owner- occupant of the property on the date of the first offer, you are entitled to: 1. RELOCATION ADVISORY ASSISTANCE provided by Paragon Partners, a firm hired by the City to provide relocation assistance to you. 2. MOVING EXPENSES. You may select either one of the following payments: A. A Fixed Moving Payment based upon a moving schedule and the number of rooms you occupy. Your entitlement under this option is $0.00. B. A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills. 3. REPLACEMENT HOUSING PAYMENT. If you owned and occupied the property for 180 or more consecutive days immediately preceding the City's first offer, you may be eligible for financial assistance to purchase or rent comparable replacement housing. To receive such payments, you must purchase or rent and occupy the replacement dwelling within one (1) year from the later of either the date the first replacement dwelling referral was made available to you, or the date the City paid the acquisition cost of your current dwelling (usually the close of escrow on the City's acquisition). Failure to act within the one (1) year period could result in loss of all replacement housing benefits. All claims for relocation benefits must be filed with the City within eighteen (18) months from the date on which you receive final payment for your property, or the date, on which you move, whichever is later. This assistance is composed of the following replacement housing benefits: A. If you BUY replacement housing, you may file a claim for: A PURCHASE PRICE DIFFERENTIAL. This is to cover the increased cost you may have to pay when you buy a new home. It is the difference between the cost of a comparable replacement dwelling (as determined by the City) or, if less, the cost of the replacement dwelling you purchase, and the price paid by the City for your present home. The list price for the comparable dwelling may be adjusted to reflect the typical list price discount for real estate transaction in your area. This payment is calculated as follows: 40 55D -47 I Price for Comparable Dwelling 2 Offer Price for Displacement Dwelling 3 Purchase Price Differential Listed below are three comparable replacement homes that you may wish to consider buying: Address List Price Contact Name & Number 1 2 3 Comparable #1 above is the one selected as the most representative of your present dwelling. Based on the cost of this dwelling and the City's offer for your present home, you may be eligible for a Purchase Price Differential payment up to the amount as calculated in the table above. If you decide to purchase a replacement dwelling that costs less than the comparable dwelling, your Purchase Price Differential would be calculated based on the actual purchase price of your replacement dwelling. If you purchase a replacement dwelling that costs more than the comparable dwelling, your Purchase Price Differential shall not exceed $00. You do not have to accept any dwelling referred to you by the City. You may choose your own replacement, but it must be decent, safe and sanitary in order to qualify for replacement housing payments. • AN INTEREST DIFFERENTIAL. To help pay your increased interest cost, if any AN INCIDENTAL COST. Payment to cover some of the closing costs you may incur in purchasing a replacement dwelling Your relocation advisor will explain how these payments are computed. B. IF YOU RENT REPLACEMENT HOUSING WITHIN A ONE YEAR PERIOD • A RENTAL ASSISTANCE PAYMENT If you are an owner- occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment. The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. Before a relocation payment may be issued to you, your replacement dwelling must be inspected to assure that it meets decent, safe and sanitary standards. For this reason, DO NOT MOVE from your home and DO NOT CONTRACT to rent or purchase a replacement dwelling without first contacting your relocation advisor. If you remain in occupancy of your present dwelling after the City has completed the purchase, you must pay fair market rent to the City for the period of your tenancy. Failure to pay rent may reduce the replacement housing payment which you are eligible to receive. The Relocation Assistance Program is complex. It is important that you read and understand the matters explained in the informational brochure, which relate to your eligibility. If you need assistance, please contact me at: 5l 55D -48 Sincerely, Peter Rhoad Project Manager Paragon Partners 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 TEL: (714) 379 -3376 FAX: (714) 373 -1234 ACKNOWLEDGEMENT I was personally contacted by the above agent for the City of Santa Ana. I have had the services and entitlements available explained to me. I was further advised that the City of Santa Ana's relocation agent is available to assist me if any questions arise or as assistance is needed. I have been given a copy of this notice. Displacee: Date: 42 55D -49 EXHIBIT H: Notice of Eligbility - 90 Day Tenant NOTICE OF ELIGIBILITY AND CONDITIONAL ENTITLEMENT - (90 DAY TENANT) Date Name Address Santa Ana, CA 92706 Dear Tenant: On (Date), the City of Santa Ana ( "City ") made an offer to acquire the property which you currently occupy. As the eligible occupant of the property, you may be entitled to certain benefits under the California Code of Regulations, Title 25, Division 1, Chapter 6, and the California Government Code, Title 1, Chapter 16, Section 7260 et. seq. These benefits are briefly outlined below and are discussed in further detail in the Informational Statement which was previously provided to you. As an eligible occupant of the property, you are entitled to: 1. RELOCATION ADVISORY ASSISTANCE provided by Paragon Partners, a firm hired by the City to provide relocation assistance to you. 2. MOVING EXPENSES. You may select either one of following payments A. A Fixed Moving Payment based on the number of rooms you occupy (from a moving schedule). Your entitlement under this option is $00; or B. A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills. REPLACEMENT HOUSING PAYMENT. If you occupied the property for 90 consecutive days or more immediately preceding the date of the City's first written offer to acquire the property, you may be eligible for financial assistance to purchase or rent comparable replacement housing. To receive such payments, you must rent or purchase your replacement dwelling within one (1) year from the date of vacating your displacement dwelling. Failure to act within the one (1) year period could result in loss of all replacement housing benefits. This assistance is composed of the following replacement housing benefits: A. If you RENT replacement housing, you may file a claim for: A Rental Assistance payment equal to the difference between the lesser of 1) the monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling as determined by the City, or 2) the actual monthly rent of your replacement dwelling and estimated average monthly cost of utilities AND the base monthly rent during the three months immediately prior to vacation from the displacement dwelling, multiplied times 42 months. Base monthly rent is defined as the lesser of 1) the average monthly rent and estimated average monthly cost of utilities at the displacement dwelling, or 2) thirty (30) percent of your gross monthly household income, or 3) if you are receiving a welfare assistance payment, the portion of such 43 55D -50 payment that is specifically designated for shelter and utilities. If you are paying little to no rent for the City acquired dwelling, the Rental Assistance payment will be based on "economic rent," which is rent typically charged for a comparable unit in your area. Listed below are three "comparable replacement housing units" that you may wish to consider: Address Rent & Estimated Utilities Contact 2 Current Total Gross Monthly Household Income $ 3 Ability -To -Pay Rent (30% of Line 2) $ 4 Rent for Comparable Replacement Dwelling ($) + ($) Utilities $ Based on the above list of comparable housing units, the unit located at (address) is the most representative of your present home. Based on the information you have provided about your income and /or present rent, you may be eligible for a rental assistance payment of up to $00. If you rent a decent, safe and sanitary home where the monthly rent and average estimated utility costs are less than $00, your rental assistance payment will be based on the actual cost of such unit. If you rent and occupy a replacement unit for more than the comparable dwelling of $00, your rental assistance payment will be limited by the cost of the comparable dwelling. Calculations are based on information you provide to us, including your current rent, income information, and the comparable rent as described above. Failure to supply adequate income information may result in a delay or denial of benefits based on income. Rental assistance benefits are paid in at least two installments, consisting of an advance and a final payment. Based on the information you provided and the comparable rent as listed below, your estimated rental assistance payment calculation is as follows: 1 Current Rent ($00) + Utility allowance ($00) $ 2 Current Total Gross Monthly Household Income $ 3 Ability -To -Pay Rent (30% of Line 2) $ 4 Rent for Comparable Replacement Dwelling ($) + ($) Utilities $ 5 Lower of Current Rent OR Ability -To -Pay $ 6 Monthly Rental Need (Line 4 minus Line 5) $ 7 Estimated Total 42 Months Eligibility (Line 6 times 42) $ B. If you BUY replacement housing, you may file a claim for: DOWN PAYMENT ASSISTANCE - You may use the full amount of your rental assistance payment for a down payment and incidental purchase expenses on a replacement dwelling. All amounts used as a down payment and incidental expenses must be applied to the purchase of the replacement dwelling. If you have received any amount as rental supplements, then those amounts will be deducted from all eligible down payment calculations. 44 55D -51 Before a relocation payment can be issued to you, your replacement dwelling must be inspected to assure that it meets "decent, safe and sanitary standards." For this reason, do not move from your home and do not contract to rent or purchase a replacement dwelling without first contacting your relocation consultant. You will be given a written notice at least 90 days before you will be required to move from your property. If you remain in occupancy of your present dwelling after the City has completed the purchase, you must pay fair market rent to the City for the period of your tenancy. Failure to pay rent may reduce the replacement housing payment, which you are eligible to receive. The Relocation Assistance Program is complex. It is important that you read and understand the matters explained in your Informational Statement. Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the City may have the appeal application reviewed by the City in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the City. The City has retained Paragon Partners, Ltd. to implement its relocation program. If you have any questions please contact your relocation agent at: Paragon Partners 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 TEL: (714) 379-3376 FAX: (714) 373 -1234 Sincerely, Peter Rhoad Project Manager ACKNOWLEDGEMENT I was personally contacted by the above agent for the City of Santa Ana. I have had the services and entitlements available explained to me. I was further advised that the City of Santa Ana's relocation agent is available to assist me if any questions arise or as assistance is needed. I have been given a copy of this notice. Signature: 45 55D -52 EXHIBIT I: Notice of Eligibility - Nonresidential Date Name Name of Business Address Santa Ana, CA 92706 Re: City of Santa Ana — Bristol Street Widening Project — Phase III B Dear Business Owner: The City of Santa Ana ( "City ") has made an offer to acquire the property upon which you currently occupy and operate your business. As an eligible occupant, you may be entitled to certain benefits under the California Code of Regulations, Title 25, Division 1, Chapter 6 and the California Government Code, Title 1, Chapter 16, Section 7260 et. seq. These benefits are outlined below. It is important that you understand the conditions described below which must be met before any payments can be made. As the business owner(s) of the property, you are entitled to options 1, 2 and 3 below, or you may choose option 4. RELOCATION ADVISORY ASSISTANCE: The City will assist you in your efforts to search for a replacement space to conduct your business. Information on available properties, zoning requirements, typical real estate purchase and rental costs, and the services offered by other agencies in the area are also available. Please contact your relocation consultant to assist you with your relocation efforts. 2. MOVING AND RELATED EXPENSES: Businesses may be paid on the basis of actual reasonable moving and related costs and reestablishment expenses as the City determines to be reasonable and necessary. The following moving expenses may be considered by the City: a. Transportation of personal property limited to 50 miles or less. Distances beyond 50 miles are not eligible, unless the City determines that relocation beyond 50 miles is justified b. Packing, crating, unpacking, and un- crating of the personal property c. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery, equipment, and other personal property, and certain substitute personal property. This includes connection to utilities available nearby. It also includes modifications to the personal property necessary to adapt it to the replacement site, or the utilities at the replacement site, or modifying the power supply. (Expenses for providing 46 55D -53 utilities from the right of way to the building or improvement are excluded.) d. Storage of the personal property not to exceed 12 months, unless the City determines that a longer period is necessary. Storage expenses must be pre- approved by the City e. Insurance for the replacement value of the personal property in connection with the move and necessary storage f Any license, permit, or certification required of your business at the replacement location. However, the payment shall be based on the remaining useful life of your existing license, permit, or certification g. The replacement value of property lost, stolen, or damaged in the process of moving (not through the fault or negligence of your own, your agent, or your employee) where insurance covering such loss, theft, or damage is not reasonably available h. Professional services necessary for (i) planning the move of the personal property, (ii) moving the personal property, and (iii) installing the relocated personal property at the replacement location Re- lettering signs that are not purchased through the acquisition of your property, and replacing stationary on hand at the time of displacement that is made obsolete as a result of the move j. Actual direct loss of tangible personal property incurred as a result of moving or discontinuing the business. The payment shall consist of the lesser of: (i) The fair market value of the item as is, for continued use at the displacement site, less the proceeds from its sale. (To be eligible for payment, you must make a good faith effort to sell the personal property, unless the City determines that such effort is not necessary. When payment for property loss is claimed for goods held for sale, the fair market value shall be based on the cost of the goods to the business, not the potential selling price.); or (ii) The estimated cost of moving the item as is, but with no allowance for storage. (If the business or operation is discontinued, the estimated cost shall be based on a moving distance of 50 miles.) k. The reasonable cost incurred in attempting to sell an item that is not to be relocated 1. Purchase of substitute personal property. If an item of personal property, which is used as part of a business is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, you will be entitled to payment for the lesser of: (i) The cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade -in of the replaced item; or 47 55D -54 (ii) The estimated cost of moving and reinstalling the replaced item, based on the lowest acceptable bid or estimate obtained by the City for eligible moving and related expenses, but with no allowance for storage m. Searching for a replacement location. A displaced business is entitled to reimbursement for actual expenses, not to exceed $1,000 which are determined to be reasonable and are incurred in searching for a replacement location including: (i) Transportation (ii) Meals and lodging away from home. (iii) Time spent searching, based on reasonable salary or earnings. (iv) Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase of such site n. Other moving and related expenses, as the City determines to be reasonable and necessary NOTICE. In order to qualify for reimbursement of the above - described expenses, you MUST: A. Provide the City with a certified list or inventory of the items to be moved at least thirty (30) days in advance of the start of your move; and B. Notify the City at least fifteen (15) days in advance of the date of the start of your move or disposition of your property; and C. Permit the City to monitor the move; and D. Permit the City to make reasonable and timely inspections of the personal property at both the displacement and replacement sites. Failure to comply with any of the above four requirements may result in your losing part or all of your benefits. As a matter of information, you should also be aware that you are not entitled to payment, under the relocation regulations, for: • The cost of moving any structure or other real property improvement in which you reserved ownership; or • Interest on a loan to cover moving expenses; or • Loss of goodwill; or • Loss of profits; or • Loss of trained employees; or • Personal injury; or • Costs for storage of personal property on real property owned or leased by the displaced person 48 55D -55 You may move either by commercial mover or take full responsibility for all or part of the move. If you elect a "self- move ", the City must first obtain at least two acceptable bids or estimates and agree to an approved amount for the self -move. AW "I 3. REESTABLISHMENT EXPENSES: In addition to the payments available above, a small business may be eligible to receive a payment, not to exceed $10,000, for expenses actually incurred in relocating and reestablishing at a replacement site. Reestablishment expenses must be reasonable and necessary as determined by the City. They may include, but are not limited to, the following: a. Repairs or improvements to the replacement real property as required by Federal, State or local law. code or ordinance b. Modifications to replacement property to accommodate the business operation or make replacement structures suitable for conducting the business c. Construction and installation costs for exterior signage to advertise the business d. Provision of utilities from right of way to improvements on the replacement site e. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling, or carpeting f Licenses, fees and permits when not paid as part of moving expenses g. Feasibility surveys, soil testing and marketing studies h. Advertisement of replacement location i. Professional services in connection with the purchase or lease of a replacement site j. Estimated increased costs of operation during the first two years at the replacement site, for such items as: 1) Lease or rental charges 2) Personal or real property taxes 3) Insurance premiums 4) Utility charges, excluding impact fees k. Impact fees or one -time assessments for anticipated heavy utility usage 1. Other items that the City considers essential to the reestablishment of the business As a matter of information, you should be aware that you are not entitled to payment under reestablishment regulations for any of the following: • Purchase of capital assets, such as office furniture, filing cabinets, machines or trade fixtures • Purchase of manufacturing material, production supplies, product inventory or other items used in the normal course of the business operation 49 55D -56 Interior or exterior refurbishments at the replacement site, which are purely aesthetic in purpose except as paid in "a ", "b" and "e." above • Interest on money borrowed to make the move or purchase the replacement property Payment to a part-time business in the home which does not contribute materially to the household income -OR- 4. FIXED PAYMENT IN LIEU OF PAYMENT FOR ACTUAL MOVING AND RELATED EXPENSES AND REESTABLISHMENT EXPENSES: In lieu of a payment for actual moving and related expenses and reestablishment expenses, you may elect to receive an amount equal to your business' recent average annual net earnings in an amount not less than $1,000 or more than $20,000. A displaced business is eligible for the payment if the City determines that: a) The business owns or rents personal property, which must be moved in connection with such displacement and for which an expense would be incurred in such move; and the business vacates or relocates from its displacement site. b) The business cannot be relocated without a substantial loss of its existing patronage (clientele or net earnings). A business is assumed to meet this test unless the City determines that it will not suffer a substantial loss of its existing patronage. C) The business is not part of a commercial enterprise having more than three other entities which are not being acquired by the City, and which are under the same ownership and engaged in the same or similar business activities. d) The business is not operated at a displacement dwelling solely for the purpose of renting such dwelling to others. e) The business is not operated at the displacement site solely for the purpose of renting the site to others. I) The business contributed materially to the income of the displaced person during the two taxable years prior to displacement. If you lease or rent from the City, you must continue to pay rent throughout the duration of your tenancy. Failure to pay rent may reduce the relocation payment to which you will receive. If you are refused a relocation payment by the City, you may appeal. No legal assistance is required. Additional information about the appeal procedure will be provided to you, if you desire. Moving and related payments are not considered as income for the purposes of personal income tax laws. Furthermore, these payments are not considered income or resources to recipients of public assistance. YOU WILL BE GIVEN AT LEAST 90 DAYS WRITTEN NOTICE BEFORE YOU WILL BE REQUIRED TO MOVE YOUR PERSONAL PROPERTY FROM THE PROPERTY 50 55D -57 It is important that you understand the matters explained above which relate to your eligibility. Please contact Paragon at (714) 379 -3376 for assistance. Sincerely, Jason Gabriel Principal Civil Engineer ACKNOWLEDGMENT I was personally contacted by City's Relocation Consultant. I have had the available services and entitlements explained to me. I have been advised that the City's Relocation Consultant will be available to assist me if any questions arise or as assistance is needed. I have been given a copy of this notice and a full explanation of relocation assistance available to me. Received By: Date: 51 55D -58 EXHIBIT J: 90 Day Notice to Vacate Date Name Address Santa Ana, CA 92706 NINETY (90) DAY NOTICE TO VACATE Dear (Name): Via Hand Delivery The City of Santa Ana (City) acquired the property you currently occupy at (street number) N. Bristol Street in Santa Ana as part of the Bristol Street Widening Project between Washington and Seventheenth Street. The City has now determined that it will be necessary for you to vacate the property. Notice is hereby given that the City elects to terminate your tenancy in ninety (90) days beginning (Date) and ending (Date). You are hereby to quit and deliver up possession of the property you occupy on or before (Date). If you do not vacate the premises by that date, the City may initiate legal proceedings to recover possession of the premises, along with rents and damages. During this 90 Day period, Paragon Partners Ltd. ( "Paragon ") will continue to provide relocation assistance, including coordination with movers and other vendors, the processing of relocation benefit claim forms, and other tasks to facilitate your relocation. If you have any questions regarding this notice or the relocation process, please call your relocation agent at Paragon at (714) 379 -3376. Sincerely, Jason Gabriel Principal City Engineer RECEIVED / DELIVERED BY: DATE: 52 55D -59 EXHIBIT K: 2014 HUD Income Limits, Orange County 2014 HUD Income Limits (Orange County) Income Category Number of Persons in Household 1 2 3 4 5 6 7 8 Extremely Low $20,250 $23,150 $26,050 $28,900 $31,250 $33,550 $35,850 $38,150 Very Low Income $33,750 $38,550 $43,350 $48,150 $52,050 $55,900 $59,750 $63,600 Lower Income $53,950 $61,650 $69,350 $77,050 $83,250 $89,400 $95,550 $101,750 Median Income $61,050 $69,750 $78,500 $87,200 $94,200 $101,150 $108,150 $115,100 Moderate Income $73,250 $83,700 $94,200 $104,650 $113,000 $121,400 $129,750 $138,150 Area Median Income $87,200 53 55D -60 EXHIBIT L: Relocation Appeals Process City of Santa Ana Public Works Relocation Program The procedures set forth below are to promote fair and equitable dealings with persons displaced as a result of the City of Santa Ana Public Works Agency property acquisition program. 1. The appeal process is initiated by a person who is being displaced requesting appeal /review in a letter addressed to the City Engineer of the City of Santa Ana. The letter shall state reasons the person who is being displaced believes an error or omission has occurred, and the nature of the error or omission. The City of Santa Ana acquisition /relocation consultant will assist the person who is being displaced in preparation and submittal of the Letter of Request of Appeal. The consultant will provide information and assist in composition of the letter so that the request is in a format that identifies the specific area of appeal. 2. Upon receipt of the Letter of Request of Appeal, a Reviewer, designated by the City of Santa Ana will (1) review the complete relocation file of the person who is being displaced; (2) review all of the benefit calculations and supporting data; (3) review any noted or claimed extenuating circumstances associated with the relocation; and (4) review the written appeal request. The Reviewer will be the City Manager or authorized designee, other than the person who made the determination in question. The appeal hearing will occur within 30 day calendar days of the receipt of the appeal request. 3. The informal appeal review meeting will be attended by the person who is being displaced, the Reviewer and the Relocation Consultant. At this meeting the person who is being displaced will explain their appeal. The Consultant will then provide explanation and clarification of the procedures that have been followed. The Reviewer will provide explanations and clarifications of procedures that are required to be complied with under the California Relocation Assistance Law (Government Code 7260) and the California Code of Regulations, Title 25, Chapter 6, as amended. The meeting is intended to ensure that the Person who is being displaced fully understands his rights and options, and has the opportunity to demonstrate how the procedures were (1) followed incorrectly; (2) not fairly or reasonably applied; (3) explain any extenuating circumstances and how these circumstances require a different conclusion; and (4) explain the conclusion the person who is being displaced is seeking and the reasons and justifications for this conclusion. 4. A written determination regarding the results of the appeal hearing will be made within 14 days of the appeal hearing. The determination will be a recommendation of how the relocation benefits are to be applied to the specific case. A copy of this letter will be forwarded to the displacee, and a copy placed in the appropriate relocation file. Relocation benefits for the person who is being displaced will be provided according to the determination of the informal appeal hearing. 54 55D -61 5. If the person who is being displaced has still not obtained the satisfaction sought, the only remaining recourse is judicial review. As a part of the appeal decision letter, the applicant will (a) be notified in writing that no further administrative appeals are permitted, (b) that any judicial review shall be 'pursuant to California Code of Civil Procedures Section 1094.5" and (c) that the time frame to seek judicial review is governed by SAMC Section 1 -19. (Title 25 of the California Code of Regulations at § 6158(c)(1)(C).) Any hearings or meetings of the Appeal Procedures described above may be attended by any adviser of the person who is being displaced (legal counsel or otherwise) in addition to the person who is being displaced. 55 55D -62 EXHIBIT M: Public Comment and Written Response During the term of the public comment period, one comment was received, which addressed two line items within "Business Moving Expenses ", under Section III, "Relocation Resources ". The comment requested that additional language be added to these two line items. This additional language is drawn directly from the State of California relocation regulations, and has been inserted into the Final Relocation Plan. The requested additional language is shown in bold. "Disconnecting, Dismantling, removing, reassembling and reinstalling relocated machinery, equipment, other personal property, and certain substitute personal property. This includes modifications to the personal property necessary to adapt it to the replacement site, including connection charges imposed by public utilities for starting utility service ". "Professional services necessary for planning the move, moving the personal property, or installation of relocated personal property at the replacement site. Professional services must be preapproved." 56 55D -63 55D -64 55D -65 55D -66 9/16/14 jxs RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR PHASE 1116 IMPROVEMENTS OF THE BRISTOL STREET WIDENING PROJECT BETWEEN WASHINGTON AND SEVENTEENTH STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana ( "Council ") hereby finds, determines and declares as follows: A. Bristol Street is a major north -south transportation facility, which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane, continues to be a long -term priority project, constructed in several phases. B. On March 6, 2006, the City Council approved a cooperative agreement between the City and the Orange County Transportation Authority for widening of Bristol Street between Warner Avenue and Seventeenth Street. C. The March 6, 2006 agreement committed OCTA to contribute funding for various phases of the Bristol Street widening project. D. The Public Works Agency is acquiring property for development of Phase 1116, bounded by Washington Avenue and Seventeenth Street, and expects to complete the right -of -way acquisition process by December 2014. Construction is anticipated to begin in early 2015. E. 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. F. Section 6002 of the California Code of Regulations, Title 25, Chapter 6, et seq., requires the adoption of a Relocation Plan due to the displacement of residential and business occupants. G. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 55D-67 Resolution No. 2014 -_ 9/16/14 jxs 7260, et seq., and the Relocation Guidelines, California Code of Regulations, Title 25, Chapter 6 and has been made available for public review since July 15, 2014. Each potential displaced occupant was given written notification regarding the Plan's availability and an opportunity to submit questions or comments. H. The primary purpose of the Relocation Plan is to outline the requirements for moving and re- establishing the displaced residential and business occupants, and to demonstrate the level of advisory and financial assistance that will be provided. Based on occupant interviews, needs analyses, and searches for appropriate replacement sites, the Agency estimates relocation costs to be approximately $2,870,000. Section 2: The City Council hereby approves the Relocation Plan for the acquisition activities for Phase II of the Bristol Street widening plan between Third and Tenth Streets. Section 3: In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared FEIR (FEIS /EIR No. 89 -01) approved by City Council in 1990. Due to several minor design modifications related to Phase IIIB, an Addendum to the FEIS /EIR was prepared and adopted according to the California Environmental Quality Act by City Council on May 6, 2014. Section 4: 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 16th day of September, 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 Jose Sandoval, Chief Assistant City Attorney 55D -68 Resolution No. 2014- 9/16/14 jxs AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on September 16, 2014. Date: Maria D. Huizar, Clerk of the Council 55D -69 Resolution No. 2014- 55D -70