HomeMy WebLinkAbout55A - RESO - DEPOT AT SANTIAGO PROJECTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 3, 2015
TITLE:
ADOPT A RESOLUTION TO APPROVE
THE RELOCATION PLAN FOR THE
DEPOT AT SANTIAGO PROJECT
(STRATEGIC PLAN NO 5,3C)
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
.:r `:• k
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 20° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution to approve the Relocation Plan for the Depot at Santiago Project located at
923 N. Santiago Street In Santa Ana, CA.
DISCUSSION
On May 20, 2013, the City Council approved and authorized the loan agreements for an
affordable housing project called the Depot at Santiago ("Project") located at 923 N. Santiago
Street. The Project will be a mixed used project that will provide retail space, 70 affordable units,
and a community room. Since obtaining City Council approval of the funding and Project, the
Project has obtained additional funding from the State of California including funding from the
Infill Infrastructure Grant, and the Affordable Housing and Sustainable Communities Program.
Based on California law, when state funds are provided to a project which would lead to the
displacement of people from their homes and/or business, the legislative body must approve a
relocation plan with state funds. The draft Depot at Santiago Project Relocation Plan (Exhibit 1)
has been prepared in conformance with applicable provisions of California Relocation
Assistance Law and Relocation Guidelines as well as United States Department of Housing and
Urban Development (HUD) regulations. This plan is required due to the necessary demolition of
the existing structures. All current Project occupants will need to be permanently relocated. The
needs and characteristics of the displaced population, available relocation resources, and the
Depot at Santiago, LP's (Developer) program to provide assistance to each affected person are
general subjects of the Relocation Plan. The Developer is utilizing Overland, Pacific & Cuter,
Inc. as their relocation consultant for the relocation plan and services. The original Relocation
Plan was completed in September 2013 and was updated in September 2015 as the Project Is
close to commencing.
55A-1
Resolution to Approve the Relocation Plan
Depot at Santiago Project
November 3, 2015
Page 2
Current occupants that will need permanent relocation are eight known commercial businesses
and one household as a result of the Project. All occupants have been interviewed and provided
informational notices of the relocation plan in accordance with State and Federal requirements.
The occupants were also informed of the City Council meeting on November 3, 2015 and a copy
of the draft Relocation Plan was made available. Furthermore, all occupants will be provided
relocation assistance including advisory services, moving costs, and re-establishment services
provided by the Developer and their relocation consultant.
STRATEGIC PLAN ALIGNMENT
The relocation plan covered by this report allows the City to meet Goal #5 (Community Health,
Livability, Engagement & Sustainability), Objective #3 (Facilitate diverse housing opportunities
and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy
C (Provide that Santa Ana residents, employees, artists and veterans received priority for
affordable housing created under the City's Housing Opportunity Ordinance or with City funding
to extent allowed under state law).
FISCAL IMPACT
There is no fiscal impact
1
Kelly Reenders
Executive Director
Community Development Agency
KR/JB/NWII
Exhibit: 1. Draft Relocation Plan
2. Resolution
55A-2
EXHIBIT 1
The Depot at Santiago Project
DRAFT RELOCATION PLAN
Prepared for:
Depot at Santiago, LP
14211 Yorba Street, Suite 200
Tustin, CA 92780
(714)288-7600
Prepared by:
Overland, Pacific & Cutler, Inc.
1 Jenner, Suite 200
Irvine, CA 92618
949-951-5263
September 22, 2015
55A-3
TABLE OF CONTENTS
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PROJECT DESCRIPTION
A. REGIONAL LOCATION
B. PROJECT SITE LOCATION
C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS
IL ASSESSMENT OF RELOCATION NEEDS
A.
SURVEY METHOD
6
B.
FIELD STUDY DATA - RESIDENTIAL
6
1. Current Occupants
6
2. Replacement Housing Needs
6
3. Income
7
4. Ethnicity/Language
7
5. Senior/Handicapped Households
7
6. Preferred Relocation Areas
7
C.
FIELD STUDY DATA— COMMERCIAL
7
1. Current Occupants
7
III. RELOCATION RESOURCES
9
A.
METHODOLOGY
9
B.
REPLACEMENT HOUSING AVAILABILITY
9
1. Residential Rental Housing
9
2. Summary
9
C.
RELATED ISSUES
10
1. Concurrent Residential Displacement
10
2. Temporary Housing
10
D.
REPLACEMENT COMMERCIAL SITES AVAILABILITY
10
IV. THE
RELOCATION PROGRAM
11
A.
ADVISORY ASSISTANCE
11
B.
RESIDENTIAL RELOCATION BENEFITS
13
1. Residential Moving Expense Payments
13
2. Rental Assistance to Tenants Who Choose to Rent
14
3. Downpayment Assistance to Tenants Who Choose to Purchase
16
4. Determination of Comparable Housing
16
C.
LAST RESORT HOUSING
16
D.
COMMERCIAL RELOCATION BENEFITS
17
1. Payment for Moving and Related Expenses
17
2. Self Moves
20
3. Fixed Payment In Lieu
20
4. Personal Property Move Only (Storage)
21
E.
GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION
BENEFITS21
F.
IMMIGRATION STATUS
21
G.
RELOCATION TAX CONSEQUENCES
22
H.
PROGRAM ASSURANCES AND STANDARDS
22
V. ADMINISTRATIVE PROVISIONS
23
A.
NOTICES
23
B.
PRIVACY RECORDS
24
C.
GRIEVANCE PROCEDURES
24
D.
EVICTION POLICY
24
E.
CITIZEN PARTICIPATION
25
F
PROJECTED DATE OF DISPLACEMENT
25
G.
ESTIMATED RELOCATION COSTS
25
55A-4
LIST OF TABLES
TABLE 1: 2010 Census Population — City of Santa Ana & Impacted Tract 4
TABLE 2: 2010 Census Housing Units — City of Santa Ana & Impacted Tract 5
TABLE 3: Availability/Cost of Replacement Rental Housing 6
TABLE 4: Available Commercial Replacement Sites 10
TABLE 5: Schedule of Fixed Moving Payments 14
TABLE 6: Computation of Rental Assistance Payments (Tenants) 15
LIST OF EXHIBITS
EXHIBIT A:
HUD Income Levels — Orange County
EXHIBIT B:
General Information Notices
EXHIBIT C:
Informational Brochures
EXHIBIT D:
Public Comments & Responses
55A-5
Depot at Santiago Project
Relocation Plan
INTRODUCTION
Depot at Santiago, LP (the "Developer") authorized the preparation of a Relocation Plan to be
prepared in connection with planning for the proposed mixed-use project called the Depot @
Santiago Project ("Project"). The Developer has acquired the property located at 923 N. Santiago
in Santa Ana, CA as the proposed Project site. Existing structures, including multiple
commercial uses, will be demolished to allow for new constriction.
The Project entails the constriction of 70 affordable multi -family rental units, approximately
8,500 square feet of retail space, and a 3,000 square foot community room. The affordable
housing component of the Project will consist of 15 one -bedroom units, 24 two-bedroom units,
and 31 three bedroom units. Seven units will be rented to families with household incomes at or
below 30% of AMI (Area Median Income); 14 units at 40% of AMI; 28 units at 50% of AMI;
and 20 units at 60% of AMI. The one remaining unit will be designated as a manager's unit.
The 923 N. Santiago building will be a mixed-use podium design with contemporary
architecture. All of the resident parking for the project will be covered, and the commercial units
will have uncovered surface parking. The property will feature gated pedestrian and auto access,
a tot lot, onsite laundry facilities, a community room, leasing office, shaded courtyards, and
raised planters.
Due to the necessary demolition of existing structures, all current Project occupants will need to
be permanently relocated. The needs and characteristics of the displacee population, available
relocation resources, and the Developer's program to provide assistance to each affected person
are general subjects of this Relocation Plan (Plan).
Funding for the Project will come from Federal financing sources, including HOME and CDBG.
Additional funding will derive from Mental Health Services Act funds (MHSA), Infill
Infrastructure Grant farads (IIG), Affordable Housing and Sustainable Communities funds
(AHSC), low income housing tax credits, Developer funds and a construction loan.
This Plan confonns to the requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, HUD Handbook 1378, California Government
Code 7260, and Title 25 of the California Code of Regulations. (Section 104(d) does not apply,
because no residential units will be affected.)
The original Relocation Plan was completed in September 2013. Now that the Project is close to
commencing, the Relocation Plan was updated in September 2015.
This Plan is organized in five sections:
1. Project description (SECTION I);
2. Assessment of the relocation needs of persons subject to displacement (SECTION II);
Depot at Santiago Project
Relocation Plan
Assessment of available replacement housing and commercial units within the City of
Santa Ana and surrounding communities (SECTION III);
4. Description of the Developer's relocation program (SECTION IV);
Description of the Developer's outreach efforts, Project timeline and budget (SECTION
V)•
552A-7
Depot at Santiago Project
Relocation Plan
I. PROJECT DESCRIPTION
A. REGIONAL LOCATION
The Project is located in the City of Santa Ana within Orange County. Santa Ana is located
approximately 32 miles southeast of Los Angeles and is easily accessible by Interstate 5 and
State Routes 22 and 55. Adjacent communities include, Orange, Tustin, Irvine, Fountain Valley,
Westminster and Garden Grove. (See Figure 1: Regional Project Location)
Figure 1: Regional Project Location
B. PROJECT SITE LOCATION AND DESCRIPTION
The Project site is located at 923 N. Santiago, Santa Ana, CA generally bordered by E. Santa
Ana Boulevard to the south, Poinsettia Street to the west, Civic Center Drive to the north and
Logan Street to the east. (See Figure 2: Project Site Location)
The Project area of constriction totals approximately 1.34 acres. The site is currently improved
with a 10,000 square foot Tight industrial building, including multiple individual units, several
small outbuildings and approximately 61,000 square feet of yard area.
'MA •
IFJ
.-
Figure 2: Project Site Location
Depot at Santiago Project
Relocation Plan
C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS
According to the 2010 U.S. Census, the population of the City of Santa Ana is 324,528, and the
population of the impacted Census Tract 744.05 is 5,820 (see Table 1.) Corresponding Census
data concerning the housing mix is shown in Table 2.
Table 1: 2010 Census Population — City of Santa Ana & Im
acted Tract
Population
Tract 744.05
%
Cit
%
Total Population
5,820
100.0%
324,528
100.0%
White
3,049
52.4%
148,838
45.9%
Black or African American
95
1.6%
4,856
1.5%
American Indian or Alaska Native
57
1.0%
3,260
1.0%
Asian
132
2.3%
34,138
10.5%
Native Hawaiian or Other Pacific Islander
6
0.1%
976
0.3%
Some Other Race
2,236
38.4%
120,789
37.2%
Two or More Races
245
4.2%
11,671
3.6%
Hispanic or Latino (of Any Race)
5,289
90.9%
253,928
78.2%
Source: U.S. Census bureau, DF -I. Race, Hispanic or Latino, and Age: 2010
55�A-9
Depot at Santiago Project
Relocation Plan
Table 2: 2010 Census Housing Units — Ci of Santa Ana & Impacted Tract
Type
Tract 744.05
%
City
%
Total Units
1,468
100.0%
76,896
100.0%
Total Occupied Units
1,395
95.0
73,174
95.2
Owner-Occu ied
265
19.0%
34,756
47.5%
Renter -Occupied
1,130
81.0%
38,418
52.5%
Vacant Housing Units
73
5.0%
3,722
4.8%
Available for Sale Only (of Total Vacant
Units)
12
0.8%
693
0.9%
Available for Rent — Full Time Occupancy
(of Total Vacant Units)
27
1.8%
1,983
2.6%
Sold or Rented — Not Occupied
5
0.3%
183
0.2%
Otherwise Not Available (e.g. seasonal,
recreational, migratory, occasional use)
2
0.1%
132
0.2%
Other Vacant
1 27
1 1.8%
731
1 1.0%
Source: U.S. Census Bureau, QT -Hl. General Housing Characteristics: 2010
55A=10
Depot at Santiago Project
Relocation Plan
II. ASSESSMENT OF RELOCATION NEEDS
A. SURVEY METHOD
To obtain information necessary for the preparation of this Plan, personal interviews with the
Project site occupants to be permanently displaced were conducted in July through September
2013. Follow-up interviews were attempted in September 2015 to update the Plan. Multiple
attempts were made to contact the site occupants.
There are eight business tenants and one individual who stores personal property on-site. There
is one residential tenant occupying the Project site as well. The interviewer was successful in
obtaining updated responses from eight of the ten known Project site occupants. The data in this
section of the Plan are based solely on the unsubstantiated responses of those individuals who
participated in the survey.
Inquiries made of the residential occupant concerned household size and composition, income,
rent and mortgage payments, length of occupancy, ethnicity, home language, physical
disabilities, and replacement housing preferences. Inquiries made of the commercial occupants
pertained to the type and description of the business, number of employees, annual revenues,
specialty equipment, permits and licenses, hours of operation, special needs related to the
relocation of the business, and preferred area to relocate.
B. FIELD SURVEY DATA - RESIDENTIAL
1. Current Occupants
There is one residential household with one adult occupant to be relocated for the Project.
The residential tenant occupies a commercial space (studio) on the Project site.
The commonly accepted standard for housing density allows two persons per bedroom
and one person in the common living area. Based on this criterion and available tenant
data, the tenant -occupied household is not over -crowded.
2. Replacement Housing Needs
Replacement housing needs, as expressed in this plan, are defined by the total number of
required replacement units and distribution of those emits by bedroom size. The projected
number of required traits by bedroom size is calculated by comparing survey data for
household size with typical replacement housing occupancy standards. These standards,
generally, allow for up to three persons in a one -bedroom unit, five persons in a two-
bedroom unit, seven persons in a three-bedroom unit and nine or more persons in a four-
bedroom unit.
The replacement unit required for the displaced residential occupant is a studio apartment
for rent.
55A-11
Depot at Santiago Project
Relocation Plan
3. Income
Income information was provided by the tenant household in 2013. According to income
standards for the County of Orange (Exhibit A) adjusted for family size as published by
the United States Department. of Housing and Urban Development (HUD), the household
qualifies as Very Low Income (31% - 50% of area median income).
4. Ethnicity/Language
The residential tenant stated White as his ethnicity and English as his primary language.
5. Senior/Handicapped Households
The tenant qualifies as a senior household (62 years or older) but reported no disabilities
or handicaps.
6. Preferred Relocation Areas
The household surveyed expressed a preference to remain in Orange County in order to
maintain current access to employment in Irvine.
C. FIELD SURVEY DATA - COMMERCIAL
1. Current Occupants
There are eight known commercial occupants on the Project site with operating businesses
and one occupant who rents space for storage for their business. The interviewer was
originally able to interview each of the business owners on site in 2013, although two of the
business owners were unresponsive to multiple attempts to update their information in 2015.
The majority of the businesses are construction related including, but not limited to, flooring,
carpentry/woodworking, painting/moulding/wall coverings, demolition, dumpster rentals and
hauling. There is also an artist, urban planning/cultural events firm, and online business on-
site as well. A total of 8,400 sq. ft. of building space is utilized, and the average unit size is
1,400 sq. ft.
Based on lease information provided by the business owners and the property owner, current
rental rates range from $200 - $800/mo. on the Project site. There are two units with two
businesses in each sharing the space and rental costs. All of the businesses are currently on
month to month leases.
Statistics provided by the business owners indicate the total number of full-time employees
and part-time employees (not including the owners) impacted by the Project is nine and one,
respectively.
55AA 2
Depot at Santiago Project
Relocation Plan
There were no special replacement site requirements for the businesses stated by the owners
other than the appropriate zoning and adequate yard space for the general contractor and the
dumpster/hauling business. The hauling business utilizes approximately 45,000 sq. ft. of yard
space, which may require the owner to look in surrounding commtmities as well as Santa Ana for
a replacement site of that size. The remaining businesses should easily be able to relocate into
alternate commercial or light industrial spaces in Santa Ana.
55d-13
Depot at Santiago Project
Relocation Plan
III. RELOCATION RESOURCES
A. METHODOLOGY
For residential housing and commercial sites, a resource survey was initially conducted to
identify available units for rent within a five -mile radius from the Project site and then expanding
throughout Santa Ana and surrounding communities. The following sources were utilized:
Contacts with real estate/property management companies serving the community
Internet sources for rental opportunities, including the Multiple Listing Service
Classified rental listings from local newspapers and For Rent publications
B. REPLACEMENT HOUSING AVAILABILITY
1. Residential Rental Housing
The rental replacement housing survey considered studios for rent in Santa Ana. This
data is summarized in Table 3 below. The individual figures for munber of units found
by bedroom size are presented in the table alongside the munber of units needed (shown
in parentheses) to meet the re -housing obligations.
TABLE 3: Availability
and Cost of Replace ent Rental Housing
Bedroom Size
Studio
# Fmind (# Needed)
13 (1)
Rent Range
$650 - $1,020
Median Rent
$900
The median rent amount shown in the table is among the figures used to make benefit and
budget projections for the Plan. This amount is, naturally, subject to change according to
the market rates prevailing at the time of displacement.
2. Summary
Considering the above described availability of replacement housing resources gathered
in September 2013 and again in September 2015, it appears there are adequate
replacement resources for the residential occupant.
Based on survey results of rental opportunities and the tenants' current rent, the tenant
occupant will have an increase in monthly rent. However, possible increases, if any, will
be met through the Developer's obligation tinder the relocation regulations, including
Last Resort Housing (LHR) requirements. (See Section IV, E).
55A914
Depot at Santiago Project
Relocation Plan
C. RELATED ISSUES
1. Concurrent Residential Displacement
At this time, there are no other current public projects causing significant displacements
underway in the City of Santa Ana or adjacent communities which would compete with
the Project for needed housing resources. No residential displacee will be required to
move without both adequate notice and access to available affordable decent, safe and
sanitary housing.
2. Temporary Housing
No need for temporary housing is anticipated.
D. REPLACEMENT COMMERCIAL SITES AVAILABILITY
Most of the business owners indicated a desire to stay in Santa Ana, although a few expressed an
interest in moving to Costa Mesa, Orange or Anaheim. The businesses that are to be displaced
should be able to relocate in the Santa Ana area. When searching for replacement locations,
zoning and other regulatory issues must be considered carefully. The current availability of
commercial/light industrial space for lease in Santa Ana is adequate.
Table 4 below provides a sample of the 30 available commercial/light industrial properties
available in Santa Ana as of the date of this Plan. (The commercial yard space listed also
includes sites in surrounding communities.)
Table 4: Available Commercial Replacement Sites
Property Type
Usage
Square Feet
Rent
Light Industrial
Warehouse (20)
1,000 — 2,000
$741 - $1,580/mo.
Light Industrial
Flex Space (10)
1,000 — 1,418
$790 - $1,631/mo.
Light Industrial
Manufacturing (3)
1,080 — 1,600
$918 - $1,360/mo.
Light Industrial
Commercial Yard (4)
30,000 — 54,450
$7,000 — $9,000/mo.
At the time of displacement, ongoing referrals to the businesses will be provided through
contacts with local newspapers, property management companies, the multiple listing service
and commercial real estate brokers.
55A-15
Depot at Santiago Project
Relocation Plan
IV THE RELOCATION PROGRAM
The Developer's Relocation Program is designed to minimize hardship, be responsive to unique
project circumstances, emphasize maintaining personal contact with all affected individuals,
consistently apply all regulatory criteria to formulate eligibility and benefit determinations and
conform to all applicable requirements.
The Developer has retained Overland, Pacific & Cutler, Inc. ("OPC") to administer the
Relocation Program. OPC has worked on more than 4,000 public acquisition and relocation
projects over more than 35 years. Additionally, OPC has an extensive resume of redevelopment
and public works projects undertaken in the City of Santa Ana and other Southern California
communities. Experienced Developer staff will monitor the performance of OPC and be
responsible to approve or disapprove OPC recommendations concerning eligibility and benefit
determinations and interpretations of the Developer's policy.
Relocation staff can be contacted at (800) 400-7356 from 8:00 am to 5:00 pin Monday through
Friday, and are available via voicemail and/or cellular phones after hours. The Relocation Office
is located at 1 Jenner, Suite 200, Irvine, CA 92618. The Relocation Program consists of two
principal constituents: Advisory Assistance and Financial Assistance.
A. ADVISORY ASSISTANCE
Individuals who will need to move from existing homes will receive advisory assistance.
Advisory assistance services are intended to:
• inform displacees about the relocation program
• help in the process of finding appropriate replacement accommodations
• facilitate claims processing
maintain a communication link with the Developer
• coordinate the involvement of outside service providers
To follow through on the advisory assistance component of the relocation program and assure
that the Developer meets its obligations under the law, OPC staff will perform the following
functions:
1. Distribute appropriate written information concerning the Developer's relocation
program;
2. Inform eligible project occupants of the nature of, and procedures for, obtaining
available relocation assistance and benefits (See Exhibit C);
3. Detennine the needs of each displacee eligible for assistance;
55A1--16
Depot at Santiago Project
Relocation Plan
4. Provide residential displacees with at least three referrals to comparable
replacement housing within a reasonable time prior to displacement. Generally, a
comparable replacement dwelling must satisfy the following criteria:
(a) The unit is decent, safe and sanitary - electrical, plumbing and heating
systems are in good repair - no major, observable hazards or defects. The
unit is adequate in size and is comparable to the acquired dwelling with
respect to number of rooms, habitable living space and type and quality of
construction, but not lesser in rooms or living space as necessary to
accommodate the displaced person. The unit is functionally equivalent,
including principle features.
(b) The unit is located in an area not subjected to unreasonable adverse
environmental conditions from either natural, or man-made sources, and
not generally less desirable with respect to public utilities, transportation,
public and commercial facilities, including schools and municipal services
and reasonably accessible to the displaced person's place of employment.
(c) The unit is available both on the private market and to all persons
regardless of race, color, sex, marital status, religion or, national origin.
5. Provide referrals to available commercial sites for the business tenants;
6. Maintain an updated database of available housing and commercial resources, and
distribute referral information to displacees for the duration of the Project;
7. Provide transportation to the residential displacees, if necessary, to inspect
replacement sites within the local area;
8. Inspect replacement housing to assure it meets decent, safe and sanitary standards
as described in the URA;
9. Supply information concerning federal and state programs and other
governmental programs providing assistance to displaced persons;
10. Make benefit determinations and payments in accordance with applicable law and
the Developer's adopted relocation guidelines;
11. Assist eligible occupants in the preparation, and submission, of relocation
assistance claims;
12. Assure that no occupant is required to move without a minimum of 90 days
written notice to vacate;
13. Inform all persons subject to displacement of the Developer's policies with regard
to eviction and property management;
55A-17
Depot at Santiago Project
Relocation Plan
14. Provide additional reasonable services necessary to successfully relocate
occupants;
15. Establish and maintain a formal grievance procedure for use by displaced persons
seeking administrative review of the Developer's decisions with respect to
relocation assistance; and
16. Provide assistance that does not result in different or separate treatment based on
or due to an individual's sex, marital status, race, color, religion, ancestry,
national origin, physical handicap, sexual orientation, and domestic partnership
status.
B. RESIDENTIAL RELOCATION BENEFITS
Specific eligibility requirements and a benefit plan will be detailed on an individual basis with
the displacee. In the course of a personal interview and follow-up visits, the displaces will be
counseled as to available options and the consequences of any choice with respect to financial
assistance.
Relocation benefits will be provided in accordance with the provisions of the federal guidelines,
and Developer rules, regulations and procedures pertaining thereto. Benefits will be paid to
eligible displaced persons upon submission of required claim forms and documentation in
accordance with the Developer's normal administrative procedures.
The Developer will process advance payment requests to mitigate hardships for residents who do
not have access to sufficient funds to pay move -in costs such as first month's rent or security
deposits. Approved requests will be processed expeditiously to help avoid the loss of desirable,
appropriate replacement housing.
1. Residential Moving Expense Payments
All residential occupants to be permanently relocated will be eligible to receive a
payment for moving expenses. Moving expense payments will be made based upon the
actual cost of a professional move, a fixed payment based on a room -count schedule or a
combination of both.
a. Actual Cost (Professional Move)
Displacees may elect to have a licensed professional mover perform the move. The actual
cost of the moving services, based on at least two acceptable bids, will be compensated
by the Developer in the form of a direct payment to the moving company upon
presentation of an invoice. Transportation costs are limited to a distance of 50 miles in
either case. In addition to the actual move, costs associated with utility re -connections
(i.e., gas, water, electricity, telephone, and cable, if any), are eligible for reimbursement.
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Depot at Santiago Project
Relocation Plan
b. Fixed Payment (based on Room Count Schedule)
An occupant may elect to receive a fixed payment for moving expenses which is based
on the number of rooms occupied in the displacement dwelling. In this case, the person to
be relocated takes full responsibility for the move. The fixed payment includes all utility
connections as described in (a), above.
The clurent schedule for fixed moving payments is set forth in Table 5 following:
TABLE 5. Schedule of Fixed Moving Payments
Unfurnished Dwelling
Room
count
1
2
3
4
5
6
7
8
Each
additional
Amount
$725
$930
$1,165
$1,375
$1,665
1 $1,925
$2,215
$2,505
$265
Furnished Dwelling
Room
count
1
each additional
Amount
$475
$90
source: Lantomia Uepartment of 1 ransportatton — August 2015
2. Rental Assistance to Tenants Who Choose to Rent
To be eligible to receive the rental assistance benefits, the displaced tenant household has
to rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within
one year from the date they move from the displacement dwelling.
Based upon the available data regarding the Project residential displacee, the displaced
household may qualify for, and may be eligible to apply for, relocation benefits under
URA provisions. The potential payment to the household will be payable over a 42 -
month period and limited to a maximum of $7,200 as stated under URA guidelines
effective October 1, 2014. However, the payment may exceed the maximum limit if
Housing of Last Resort applies as explained in Section C. The relocation program is
explained in detail in the informational brochure to be provided to each permanently
displaced household (see Exhibit Q.
Rental Assistance payment ammints are equal to 42 times the difference between the base
monthly rent and the lesser of:
(i) The monthly rent and estimated average monthly cost of utilities for a
comparable replacement dwelling as detennined by the Developer and City staff;
or
(ii) The monthly rent and estimated average monthly cost of utilities for the
decent, safe, and sanitary replacement dwelling actually occupied by the displaced
person.
551-19
Depot at Santiago Project
Relocation Plan
The base monthly rent for the displacement dwelling is the lesser of:
i. The average monthly cost for rent and utilities at the displacement dwelling for a
reasonable period prior to displacement. Average monthly cost of utilities will be
determined by actual statements/receipts over a 12 month period or a statement of
average usage from the utility company, if provided. The most recent local utility
schedule will be used to determine estimated utilities' costs, if actual costs are not
provided. For owner -occupants or households, which paid little or no rent, fair
market rent will be used as a substitute for actual rent; or
ii. Thirty percent (30%) of the displaced person's average, monthly gross household
income, if the amount is classified as "low income" by the U. S. Department
of Housing and Urban Development's (HUD) Annual Survey of Income
Limits for the Public Housing and Section 8 Programs. (HUD's Survey is
shown as Exhibit A.) If a displacee refuses to provide appropriate evidence of
income or is a dependent, the base monthly rent shall be detennined to be the
average monthly cost for rent and utilities at the displacement dwelling; or
iii. The total of the amount designated for shelter and utilities if receiving a welfare
assistance payment from a program that designated the amounts for shelter and
utilities.
Table 6 portrays the benefits detennination under the URA:
TABLE 6: Example Computation of URA Rental Assistance Payments
1. Old Rent
$650
Old Rent and Utilities
or
2. Ability to Pay
$700
30% of the Gross Household Income (if Low Income)
3. Lesser of lines I or 2
$650
Base Monthly Rental
Subtracted From:
4. Actual New Rent
$750
Actual New Rent and Estimated Utilities
or
5. Comparable Rent
$775
Determined by Developer (includes estimated utilities)
6. Lesser of lines 4 or 5
$750
7. Yields Monthly Need:
$100
Subtract line 3 from line 6
8. Rental Assistance
$4,200
Multiply line 7 by 42 months
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3. Downpayment Assistance to Tenants Who Choose to Purchase
The displaced household may opt to apply the entire benefit amount for which they are
eligible toward the purchase of a replacement unit (Guidelines 49 CFR 24.402(b)). A
displaced household, who chooses to utilize up to the fall amount of their rental
assistance eligibility (including any Last Resort benefits) to purchase a home, will have
the fiords deposited in an open escrow account, provided that the entire amount is used
for the downpayment and eligible, incidental costs associated with the purchase of a
decent, safe, and sanitary replacement home. A provision shall be made in the escrow
arrangements for the prompt return of the Developer's funds, in the event escrow should
fail to close within a reasonable period of time.
Final determination about the type of relocation benefits and assistance for which the
household is eligible will be detennined upon verification of the household's occupancy
status and income.
4. Determination of Comparable Housing
Relocation staff will evaluate the cost of comparable replacement housing in the
preparation of each individual Notice of Eligibility issued to residential displacees. For
residential occupants, the cost of comparable replacement housing will be determined by
the comparable method, which determines the most comparable dwellings in the local
market for each type of unit needed and as defined on Page 12 number 4.
C. LAST RESORT HOUSING
Specifically, for renters, when the computed replacement housing assistance eligibility exceeds
$7,200 or replacement dwelling monthly rental costs (including utilities and other reasonable
recurring expenses) exceeds 30% of the person's average monthly income, Last Resort Housing
will have to be provided.
Therefore, if the Project is to go forward, the Developer will authorize its fields or funds
authorized for the Project to provide housing of last resort. Funds will be used to make payments
in excess of the monetary limit specified in the statute ($7,200); hence, satisfying the
requirement that "comparable replacement housing" is available.
A displaced tenant household will be entitled to consideration for supplementary benefits in the
form of Last Resort Housing assistance when the computed replacement housing assistance
eligibility exceeds $7,200 or replacement dwelling monthly rental costs (including utilities and
other reasonable recurring expenses) exceed 30% of the person's average monthly income
(financial means) or when a tenant fails to meet the 90 -day occupancy requirement and
comparable replacement rental housing is not available within the displaced person's financial
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Relocation Plan
means. Calculations of Last Resort rental assistance benefits for tenants who fail to meet the 90 -
day occupancy requirement will be based solely on household income. Non -90 -day qualifiers
must meet basic eligibility requirements applied to all other displacees.
The Developer will pay Last Resort Housing payments in at least two installments. Recipients of
Last Resort rental assistance, who intend to purchase rather than re -rent replacement housing,
will have the right to request a lump sum payment of all benefits in the form of downpayment
assistance.
D. COMMERCIAL RELOCATION BENEFITS
As a function of a comprehensive relocation assistance program, relocation staff will provide the
displaced business owners with required technical and advisory assistance and distribute all
required notices and the informational handbook (Exhibit Q. Close contact will be maintained
with the business owners.
The Developer will provide relocation benefits in accordance with the Federal Relocation
Regulations and the HUD Handbook 1378, California Government Code 7260 and Title 25 of
the California Code of Regulations. (The following addresses payment limit increases effective
October 1, 2014.) The Developer will pay benefits to the claimants upon submission of required
claim forms and documentation in accordance with the Developer's approved procedures.
Eligible businesses will have two options with respect to claims for relocation assistance
benefits:
1) compensation for actual reasonable and necessary moving and related expenses;
or
2) a fixed payment in lieu not to exceed $40,000.
Off-site property owners whose sole business is considered to be the rental of real property to
others are not eligible to receive a fixed payment but may file a claim for actual moving costs
and compensation for reestablishment expenses described later in this section.
1. Payment for Actual Reasonable and Necessary Moving and Related
Expenses
Any business which qualifies as a displaced person is entitled to payment for such actual
moving expenses, as the Developer determines to be reasonable and necessary, including
expenses for:
a. Transportation of persons and property from the present location to the
replacement location (transportation costs for a distance beyond 50 miles are not
eligible, unless the Developer determines that relocation beyond 50 miles is
justified);
b. Packing, crating, uncrating, and unpacking personal property;
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Relocation Plan
C. Disconnecting, dismantling, removing, reassembling, and installing relocated and
substitute machinery, equipment and other personal property. Includes connection
to utilities available nearby and modifications necessary to adapt such property to
the replacement structure or to the utilities or to adapt the utilities to the personal
property;
d. Storage of personal property for a period not to exceed 12 months, unless the
Developer determines that a longer period is necessary;
C. Insurance of personal property while in storage or transit and the replacement
value of property lost, stolen, or damaged (not through the fault or negligence of
the displaced person) in the process of moving, where insurance is not readily
available;
f. Any license, permit, or certification required by the displaced business, to the
extent that the cost is necessary for reestablishment at the replacement location.
(These costs may be pro -rated based on the remaining useful life of any existing
license, permit or certification);
g. Reasonable and pre -authorized professional services, including architects',
attorneys', engineers' fees, and consultants' charges, necessary for: (1) planning
the move of the personal property; (2) moving the personal property; or, (3)
installing the relocated personal property at the replacement location;
h. Professional services performed prior to the purchase or lease of a replacement
site to determine its suitability for the business operation including, but not
limited to, soil testing, feasibility and marketing surveys;
The purchase and installation of substitute personal property limited to the lesser
of. (1) an amount equal to the reasonable expenses that would have been required
to relocate the property, as detennined by the Developer, subject to certain
limitations, or, (2) the replacement cost, less any proceeds from its sale or trade
in;
Connection to available nearby utilities from the right-of-way to improvements at
the replacement site;
k. The modification of machinery, equipment or other personal property necessary
to adapt these to the replacement location or to utilities available at the
replacement location;
Relettering signs and replacing stationary on hand at the time of displacement that
is made obsolete as a result of the move;
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Relocation Plan
In. Actual direct losses of tangible personal property resulting from moving or
discontinuing a business or non-profit organization, not -to -exceed the lesser of:
(1) the fair market value of the property for continued use at its location prior to
displacement less any proceeds from sale of the property; or, (2) an amount equal
to the reasonable expenses that would have been required to relocate the property,
as determined by the Developer, subject to certain limitations;
n. Actual and reasonable expenses incurred in searching for a replacement business
or non-profit organization location, not -to -exceed $2,500, and including
compensation for transportation expenses; time spent searching for a reasonable
location, meals, and lodging; real estate broker or agent fees; time spent in
obtaining permits and attending zoning hearings; and time spent negotiating the
purchase of a replacement site;
o. Impact fees or one-time assessments for anticipated heavy utility usage;
P. Low Value/High Bulk: when the personal property to be moved is of low value
and high bulk, and the cost of moving the property would be disproportionate to
its value in the judgment of the Developer, the allowable moving cost payment
shall not exceed the lesser of: (1) the amount which would be received if the
property were sold at the site or (2) the replacement cost of a comparable quantity
delivered to the new business location. Examples of personal property covered by
this provision include, but are not limited to, stockpiled sand, gravel, minerals,
metals and other similar items of personal property as determined by the
Developer;
q. A Reestablishment allowance of up to $25,000, available to farms, nonprofit
organizations and small businesses with no more than 500 employees.
Reestablishment allowance payments are made in addition to compensation
provided for actual, reasonable and necessary moving expenses. Reestablishment
allowance expense categories include but are not limited to:
1) Repairs or improvements to the replacement property as required
by Federal, State or local law, code or ordinance;
2) Modifications to the replacement property to accommodate the
business operation or make replacement structures suitable for
conducting business;
3) Construction and installation costs for exterior signing to advertise
the business;
4) Redecoration or replacement of soiled or worn surfaces at the
replacement site, such as paint paneling or carpeting;
5) Advertisement of replacement location;
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6) Estimated increased costs of operation during the first two years at
the replacement site for such items as:
a. Lease or rental charges
b. Personal or real property taxes
c. Insurance premiums, and
d. Utility charges, excluding impact fees
7) Other items essential to the reestablishment of the business.
2. Self -Moves
If the displaced business elects to take full responsibility for the move of the business, the
Developer will make a payment for the business's moving expenses in an amount not to
exceed the lower of two acceptable bids or estimates submitted to the Developer. At the
Developer's discretion, a payment for a low cost or uncomplicated move may be based
on a single bid or estimate.
3. A Fixed Payment in Lieu of a Payment for Actual Reasonable Moving and
Related Expenses
The option to claim a fixed payment enables both for-profit and non-profit businesses to
receive relocation assistance compensation without providing documentation of bids and
actual expenses. The payment amount available to any individual business is based on an
average of annual net earnings over a two year period. For businesses which have not
been in operation for two years, income figures can be annualized. The method for
establishing income is through tax returns and/or certified financial statements. The
payment to an eligible business may not be less than $1,000, or more than $40,000.
To qualify for this payment, it must be determined that, a displaced business:
• owns or rents personal property, which must be moved in connection with such
displacement and for which an expense would be incurred in such move;
• is not operated at the displacement site solely for the purpose of renting the
dwelling or site to others;
• cannot be a part of a commercial enterprise having at least three other
establishments which are not being acquired by the Developer, and which is Linder
the same ownership and engaged in the same or similar business activities;
• must not be able to relocate without substantial loss of patronage; and
• contributed materially, as defined by the Developer, to the income of the
displaced person during the two taxable years prior to displacement.
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Relocation Plan
4. Personal Property Move Only (Storage)
Eligible displaced persons include those that must relocate personal property from the
Project site. The owner of the personal property is entitled to reimbursement for expenses
related to the relocation of the personal property as described in D (1) (a- e) above.
E. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION
BENEFITS
Claims and supporting documentation for relocation benefits must be filed with the Developer no
later than 18 months after the date of displacement. Relocation benefits will be paid from tax
credit equity, Developer funds, and construction loan funds. The procedure for the preparation
and filing of claims, and the processing and delivery of payments, will be as follows:
Claimant(s) will provide all necessary documentation to substantiate eligibility for
assistance;
2. Relocation staff will review all necessary documentation including, but not
limited to, income verification, lease documents and escrow material before
reaching a determination as to which expenses are eligible for compensation;
3. Required claims forms will be prepared by relocation staff and presented to the
claimant for review. Signed claims and supporting documentation will be returned
to relocation staff and submitted to the Developer;
4. The Developer will review and approve claims for payment, or request additional
information;
5. The Developer will issue benefit checks to claimants in the most secure,
expeditious manner possible;
6. Final payments to residential displacees will be issued after confirmation that the
Project premises have been completely vacated and actual residency at the
replacement unit is verified;
Receipts of payment and all claims materials will be maintained in the relocation
case file.
F. IMMIGRATION STATUS
Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the
Uniform Act to any alien not lawfully present in the United States unless such ineligibility would
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Relocation Plan
result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any
of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely
unusual hardship is defined as significant and demonstrable adverse impact on the health or
safety, continued existence of the family unit, and any other impact determined by the Developer
and the City to negatively affect the alien's spouse, parent or child.
In order to track and account for relocation assistance and benefit payments, Developer staff will
be required to seek immigration status information from each displacee 18 years or older by
having them self -certify as to their legal status. The Developer will pay relocation benefits to
otherwise eligible non -lawfully present persons with non-federal funds.
G. RELOCATION TAX CONSEQUENCES
In general, relocation payments are not considered income for the purpose of Division 2 of the
Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of
1986 (Title 26, U.S. Code), or for the purpose of determining the eligibility or extent of
eligibility of any person for assistance under the Social Security Act (42 U.S. Code 301 et seq.)
or the Personal Income Tax Law, Part 10 (commencing with Section17001) of the Revenue and
Taxation Code, or the Bank and Corporation Tax Law, Part II (commencing with Section 23001)
of Division 2 of Revenue and Taxation Code. The above statement on tax consequences is not
intended as tax advice by the Developer or OPC. Displacees are responsible for consulting with
their own tax advisors concerning the tax consequences of relocation payments.
H. PROGRAM ASSURANCES AND STANDARDS
There are adequate funds to relocate the businesses and the residential tenant. Services will be
provided to ensure that displacement does not result in different or separate treatment of
displacees based on race, nationality, color, religion, national origin, sex, marital status, familial
status, disability or any other basis protected by the Federal Fair housing Amendments Act, the
Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil
Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well
as any other arbitrary or unlawful discrimination.
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Relocation Plan
V. ADMINISTRATIVE PROVISIONS
A. NOTICES
Each notice, which the Developer is required to provide to a Project occupant, shall be
personally delivered or sent by certified or registered first-class mail, return receipt requested and
documented in the case file. Each notice will be written in plain, understandable language.
Persons who are unable to read and understand any notice will be provided with appropriate
translation and counseling. Each notice will indicate the name and telephone number of a person
who may be contacted for answers to questions or other needed help.
There are three principal notices:
I) the General Information Notice,
2) the Notice of Relocation Eligibility, and
3) the Ninety -Day Vacate Notice.
The General Information Notice (GIN) is intended to provide potential relocatees with a general
written description of the Developer's relocation program and basic information concerning
benefits, conditions of eligibility, noticing requirements and appeal rights. (See Exhibit B) GINS
were mailed via regular and certified mail and hand -delivered to all affected occupants in June
2013.
A Notice of Relocation Eligibility (NOE) will be distributed to each relocatee. The NOE to the
residential relocatee contains a determination of eligibility for relocation assistance and a
computation of a maximum entitlement based on infonmation provided by the affected household
and the analysis of comparable replacement properties undertaken by relocation staff. The NOE
to the commercial occupants includes a description of the benefits categories for which the
business owners are eligible. The NOE will be issued to any eligible permanent displacee once
the Project has been approved and Project funding is in place.
No lawful occupant will be required to move without having received at least 90 days advance
written notice of the earliest date by which the move will be necessary. The 90 -day notice will
either state a specific date as the earliest date by which the occupant may be required to move or
state that the occupant will receive a further notice indicating, at least 30 days in advance, the
specific date of the required move. The 90 -day notice will not be issued to any residential
displacee before a comparable replacement dwelling has been made available.
In addition to the three principal notices, Developer staff will issue timely written notification in
the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration
date for the loss of benefits to those persons who:
1) are eligible for monetary benefits,
2) have moved from the acquired property, and
3) have not filed a claim for benefits.
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Reminder Notices will be issued periodically throughout the qualification period. An attempt
shall be made to make written contact with all non-responsive relocatees no later than within the
last six months prior to the filing expiration date.
B. PRIVACY OF RECORDS
All information obtained from displacees is considered confidential and will not be shared
without consent of the displacee or the Developer. Relocation staff will comply with federal
regulations concerning safeguarding of relocation files and their contents.
C. GRIEVANCE PROCEDURES
The Developer's grievance policy will follow the standards described in Article 5 Section 6150 et
seq. of the State guidelines. Briefly stated, displacees will have the right to ask for administrative
review when they believe themselves aggrieved by a determination as to eligibility, the amount
of payment, the failure to provide comparable replacement housing referrals or the Developer's
property management practices.
Appeals will be directed first to the Developer's Project Manager or an authorized designee of
the Developer, and subsequently, further appeal will be reviewed by City staff. If a Low Income
tenant would like further review, the Los Angeles Office of the Department of Housing and
Urban Development will review. Details concerning the entire appeals process will be provided
upon request.
D. EVICTION POLICY
Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits.
Relocation records will be documented to reflect the specific circumstances surrounding any
eviction action.
Eviction may be undertaken for one, or more of the following reasons:
(a) Failre to pay rent, except in those cases where the failure to pay is due to the
owner's failure to keep the premises in habitable condition; is the result of
harassment or retaliatory action; or, is the result of discontinuation, or a
substantial interruption of services;
(b) Performance of a dangerous, and/or illegal act in the unit;
(c) A material breach of the rental agreement, and failure upon notification to correct
said breach within 30 days of Notice;
(d) Maintenance of a nuisance, and failure to abate such nuisance upon notification
within a reasonable time following Notice;
(e) Refusal to accept one of a reasonable number of offers of replacement dwellings;
and/or,
(i) A requirement under State, or local law or emergency circumstances that cannot
be prevented by reasonable efforts on the part of the Developer.
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Relocation Plan
E. CITIZEN PARTICIPATION
As the process for considering the Project moves forward, the Developer will observe the
following protocol:
Provide affected tenants with full and timely access to documents relevant to the
relocation program;
2. Encourage meaningful participation in reviewing the Relocation Plan and
monitoring the relocation assistance program;
3. Provide technical assistance necessary to interpret elements of the Relocation Plan
and other pertinent materials;
4. Issue a general notice concerning the availability of the Plan for public review, as
required, 30 days prior to its proposed approval; and
5. Include written or oral comments concerning the Plan as an attachment (Exhibit
D) when it is forwarded to the City Council for approval, prior to tenant
displacements.
F. PROJECTED DATE OF DISPLACEMENT
The Developer anticipates that date specific Notices to Vacate will not be issued prior to
November 2015. No occupant will be required to vacate without a minimum of 90 days notice.
However, an occupant may choose to vacate prior to a vacate notice being issued, once they have
received their Notice of Eligibility, and be assured they will receive any relocation assistance to
which they may be entitled.
G. ESTIMATED RELOCATION COSTS
The total budget estimate for relocation -related payments for this Project is $383,000.
This estimate should not be interpreted as firm, "not to exceed," or actual entitlement costs. The
estimate is based on the data obtained through the occupant interviews, current project scope,
replacement site availability, estimated housing assistance, moving costs, reestablishment costs
and the judgment and experience of the Overland, Pacific & Cutler, Inc. staff.
The estimate does not include any payments related to property acquisition or any compensation
for Improvements Pertaining to Realty. In addition, the budget does not consider the cost of any
services necessary to implement the Plan and complete the relocation element of the Project.
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If the Project is to be implemented, and circumstances arise that should change either the member
of displaced occupants, or the nature of their activity, the Developer will authorize any additional
compensable funds that may need to be appropriated. The Developer pledges to appropriate, on a
timely basis, the funds necessary to ensure the successful completion of the Project, including
funds necessary for Last Resort Housing as indicated in Section IV, E, of this Plan to meet its
obligation under the relocation regulations.
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EXHIBIT A
HUD INCOME LIMITS - ORANGE COUNTY
The following figures are approved by the U. S. Department of Housing and Community
Development (H.C.D.) for use in the County of Orange to define and determine housing
eligibility by income level.
Area Median: $85,900
Family Size
Extremely Low
Very Low
Lower
1 Person
19,700
32,800
52,500
2 Person
22,500
37,500
60,000
3 Person
25,300
42,200
67,500
4 Person
28,100
46,850
74,950
5 Person
30,350
50,600
80,950
6 Person
32,600
54,350
86,950
7 Person
36,730
58,100
92,950
8 Person
40,890
61,850
98,950
Figures are per the Department of Housing and Community Development (California), Division
of Housing Policy Development, 2015.
55A-32
EXHIBIT B
GENERAL INFORMATION NOTICES
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General Information Notice
Non -Residential Occupant to Be Displaced
June 26, 2013
<<Name>>
<<Business Name>>
<<Address>> N. Santiago Street
Santa Ana, CA 92701
Dear <<Name>>:
The Depot at Santiago, LP (called here the "Developer's is interested in acquiring the property
you currently occupy at <<Address>> N. Santiago Street, Santa Ana, CA for their proposed
housing project, the Depot at Santiago Project (called here the "Project"). This notice is to inform
you of your rights under Federal law. If the Developer acquires the property, and you are displaced
for the Project, you will be eligible for relocation assistance under the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (URA), as amended and HUD Handbook 1378.
However, you do not have to move now.
This is not a notice to vacate the premises or a notice of relocation eligibility.
If the property is acquired, relocation activities would not start
from 1 to 1'/2 years from today.
The Developer has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPC) to
represent the Developer and assist in the relocation process.
In order to assess and better plan for the relocation needs of possible displaced non-residential
occupants in the Project, the Developer is preparing a Relocation Plan. In order to prepare this
relocation plan, OPC staff will need to meet with you at your place of business to assess your
relocation needs. OPC will be in the area of your business beginning the week of June 24th and will
be trying to contact you then. If you want to make an appointment that is convenient for you,
please call the relocation agent identified below.
Laura Kane
1-800/901-5263
If you rent or lease your unit, you should continue to pay your monthly rent to your landlord because
failure to pay rent and meet your obligations as a tenant may be cause for eviction and loss of
relocation assistance. You are urged not to move or sign any agreement to purchase or lease a unit
before receiving formal notice of eligibility for relocation assistance. If you move or are evicted
before receiving such notice, you will not be eligible to receive relocation assistance.
Please contact us before you make any moving plans. If the Developer acquires the property and
you are eligible for relocation assistance, you will be given advisory services, including referrals to
replacement sites, and at least 90 days advance written notice of the date you will be required to
move. You would also receive either a payment for actual moving and reestablishment expenses, or,
a fixed payment in lieu of a payment for actual moving and reestablishment expenses.
Pursuant to the Public Law 105-117, in order to be eligible to receive non-residential relocation
benefits in federally -funded projects, in the case of an unincorporated business, each owner must be
55A-34
either a citizen or national of the United States, or an alien who is lawfully present in the United
States. The owner of a sole proprietorship and all owners of a partnership must provide information
regarding their lawful presence in the United States, and a for-profit or a non-profit corporation must
certify that it is authorized to conduct business within the United States, Owners of sole
proprietorships or partnerships, who are not lawfully present in the United States, or who decline to
provide this information, are not eligible for relocation assistance, unless such eligibility would result
in exceptional hardship to a qualifying spouse, parent, or child. Relocation benefits will be prorated
to reflect the number of owners with certified lawful presence in the United States.
Again, this is not a notice to vacate and does not establish eligibility for relocation payments or other
relocation assistance. If the Developer decides not to purchase the property, you will be notified in
writing.
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized
by the Developer's Relocation Assistance Program may have the appeal application reviewed by the
Developer in accordance with its appeals procedure. Complete details on appeal procedures are
available upon request from the Developer.
If you have any questions about this or any other relocation issues, please contact me at the address
and the phone number below.
Sincerely,
Michele Folk, SR/WA, R/W-RAC, R/W-URAC
Managing Director, Housing
Overland, Pacific & Cutler, Inc.
1 Jenner, Suite 200
Irvine, CA 92618
(949) 951-5263
Received by
Recipient's Signature
Date
Delivered on/by: /.
Posted on/by:
Mailed/receipt received on: /.
55A-35
General Information Notice
Residential Occupant to Be Displaced
June 26, 2013
<<Name>> and other occupants
921 N. Santiago Street
Santa Ana, CA 92701
Dear «Name»and all other occupants:
The Depot at Santiago, LP (called here the "Developer') is interested in acquiring the property
you currently occupy at 921 N. Santiago, Santa Ana, CA for their proposed housing project, the
Depot at Santiago Project (called here the "Project'. This notice is to inform you of your rights
under Federal law. If the Developer acquires the property, and you are displaced for the Project, you
will be eligible for relocation assistance under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA), as amended and HUD Handbook 1378.
However, you do not have to move now.
This is not a notice to vacate the premises or a notice of relocation eligibility.
If the property is acquired, relocation activities would not start
from 1 to 1'/2 years from today.
The Developer has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPC) to
represent the Developer and assist in the relocation process.
In order to assess and better plan for the relocation needs of possible displaced residential occupants
in the Project, the Developer is preparing a Relocation Plan. In order to prepare this relocation plan,
OPC staff will need to meet with you at your home to assess your relocation needs. OPC will be in
the area beginning the week of June 24th and will be trying to contact you then. If you want to
make an appointment that is convenient for you, please call the relocation agent identified below.
Laura Kane
(800)901-5263
If you rent or lease your unit, you should continue to pay your monthly rent to your landlord because
failure to pay rent and meet your obligations as a tenant may be cause for eviction and loss of
relocation assistance. You are urged not to move or sign any agreement to purchase or lease a unit
before receiving formal notice of eligibility for relocation assistance. If you move or are evicted
before receiving such notice, you will not be eligible to receive relocation assistance.
If the Developer acquires the property and you are eligible for relocation assistance, you will be
given advisory services, including referrals to replacement housing, and at least 90 days advance
written notice of the date you will be required to move. You would also receive a payment for
moving expenses and may be eligible for financial assistance to help you rent or buy a replacement
dwelling.
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized
by the Developer's Relocation Assistance Program may have the appeal application reviewed by the
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Developer in accordance with its appeals procedure. Complete details on appeal procedures are
available upon request from the Developer.
Note that pursuant to Public Law 105-117, aliens not lawfully present in the United States are not
eligible for relocation assistance, unless such ineligibility would result in exceptional hardship to a
qualifying spouse, parent, or child. All persons seeking relocation assistance will be required to certify
that they are a United States citizen or national, or an alien lawfully present in the United States.
Again, this is not a notice to vacate and does not establish eligibility for relocation payments or other
relocation assistance. If the Developer decides not to purchase the property, you will be notified in
writing.
If you have any questions about this or any other relocation issues, please contact Laura Kane at
the phone number above.
Sincerely,
Michele Folk, SR/WA, R/W-RAC, R/W-URAL
Managing Director, Housing
Overland, Pacific & Cutler, Inc.
1 Jenner, Suite 200
Irvine, CA 92618
(949) 951-5263
Delivered on/by:
Received by
X Posted on/by:
Recipient's Signature
Date
Mailed/receipt received on:
55A-37
EXHIBIT C
INFORMATIONAL BROCHURES
55A-38
Relocation Assistance
Informational Statement
for Families and Individuals
(Federal - Limits Effective as of October 1, 2014)
Displacing Agency:
Depot at Santiago, LP
Project Name:
Depot at Santiago
Displacing Agency Representative:
Overland, Pacific & Cutler, Inc.
1 Jenner, Suite 200
Irvine, CA 92618
Phone: (800) 901-5263
Informational Statement Content:
1. General Information
2. Assistance In Locating A Replacement Dwelling
3. Moving Benefits
4. Replacement Housing Payment - Tenants And Certain Others
5. Section 8 Tenants
6. Replacement Housing Payment — Homeowners
7. Qualification For And Filing Of Relocation Claims
8. Last Resort Housing Assistance
9. Rental Agreement
10. Evictions
11. Appeal Procedures — Grievance
12. Tax Status of Relocation Benefits
13. Legal Presence Requirement
14. Non -Discrimination and Fair Housing
15. Additional Information And Assistance Available
Spanish speaking representatives are available. SI necesita esta informad6n on espafiol, por favor flames su representante.
55A-39
Informational Statement for
1. GENERAL INFORMATION
lies and, Individuals
(Federal)
The dwelling in which you now live is in a project area to be improved by, or financed through, the
Displacing Agency using federal fimds. If and when the project proceeds, and it is necessary for you to
move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner
as to the date by which you must move. Please read this information, as it will be helpful to you in
determining your eligibility and the amount of the relocation benefits you may receive under the federal
law. You will need to provide adequate and timely information to determine your relocation benefits. The
information is voluntary, but if you don't provide it, you may not receive the benefits or it may take longer
to pay you. We suggest you save this informational statement for reference.
The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPC) to
provide relocation assistance to you. The firm is available to explain the program and benefits. Their
address and telephone number is listed on the cover.
PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR
DWELLING. However, if you desire to move sooner than required, you must contact your representative
with Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general
informational brochure only, and is not intended to give a detailed description of either the law or
regulations pertaining to the Displacing Agency's relocation assistance program.
Please continue to pay your rent to your current landlord, otherwise you may be evicted and
jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing
Agency acquires the property, you will also be required to pay rent to the Displacing Agency.
2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING
The Displacing Agency, through its representatives, will assist you in locating a comparable replacement
dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively
seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation
consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe
and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for
its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new
dwelling must pass inspection before relocation assistance payments can be authorized.
3. MOVING BENEFITS
If you must move as a result of displacement by the Displacing Agency, you will receive a payment to
assist in moving your personal property. The actual, reasonable and necessary expenses for moving your
household belongings may be determined based on the following methods:
• A Fixed Moving Payment based on the number of rooms you occupy (see below); or
• A payment for your Actual Reasonable Moving and Related Ex enses based on at least two
written estimates and receipted bills; or
• A combination of both (in some cases).
55A-40
For example, you may choose a Self Move, receiving a payment based on the Fixed Residential Moving
Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and /or
other items that require special handling. In this case, there may be an adjustment in the number of rooms
which qualify under the Fixed Residential Moving Cost Schedule.
A. Fixed Moving Payment (Self Move)
A Fixed Moving Payment is based upon the number of
rooms you occupy and whether or not you own your own
furniture. The payment is based upon a schedule approved
by the Displacing Agency, and ranges, for example, from
$475.00 for one furnished room to $2,505.00 for eight
rooms in an unfurnished dwelling. (For details see the
table). Your relocation representative will inform you of
the amount you are eligible to receive, if you choose this
type of payment.
If you select a fixed payment, you will be responsible for
arranging for your own move, and the Displacing Agency
will assume no liability for any loss or damage of your
Fixed Moving Schedule
CALIFORNIA Effective 2012
Occupant Owns Furniture:
1 room
$725
2 rooms
$930
3 rooms
$1,165
4 rooms
$1,375
5 rooms
$1,665
6 rooms
$1,925
7 rooms
$2,215
8 rooms
$2,505
Each additional room
$265
Occupant does NOT Own
Furniture:
1 room
$475
Each additional room
$90
personal property. A fixed payment also includes utility hook-up, credit check and other related
moving fees.
B. Actual Moving Expense (Commercial Move)
If you wish to engage the services of a licensed commercial mover and have the Displacing
Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50
miles. Your relocation representative will inform you of the number of competitive moving bids
(if any) which may be required, and assist you in developing a "mover" scope of services for
Displacing Agency approval.
4. REPLACEMENT HOUSING PAYMENT — TENANTS AND CERTAIN OTHERS
You may be eligible for a payment up to $7,200.00 to assist in renting or purchasing a comparable
replacement dwelling. In order to qualify, you must either be a tenant who has occupied the present
dwelling for at least 90 days immediately prior to the initiation of negotiations or an owner who has
occupied the present dwelling between 90 and 180 days immediately prior to the initiation of negotiations.
A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental
assistance benefits will be based upon the difference over a forty-two (42) month period between
the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or
thirty percent (30%) of your monthly household income if your total gross income is classified as
"low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual
Survey of Income Limits for Public Housing and Section 8 Programs. You will be required to
provide your relocation representative with monthly rent and household income verification prior
to the determination of your eligibility for this payment.
-OR-
B. Down -payment Assistance. If you qualify, and wish to purchase a home as a replacement
dwelling, you can apply up to the total amount of your rental assistance payment towards the
down -payment and non-recurring incidental expenses. Your relocation representative will clarify
procedures necessary to apply for this payment.
55A-41
5. SECTION 8 TENANTS
When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In
such cases, a comparable replacement dwelling will be determined based on your family composition at
the time of displacement and the current housing program criteria. This may not be the size of the unit you
currently occupy. Your relocation representative will provide counseling and other advisory services
along with moving benefits.
6. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS
A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 180 days
prior to the initiation of negotiation, you may be eligible to receive a payment of up to $31,000.00
to assist you in purchasing a comparable replacement unit. This payment is intended to cover the
following items:
1. Purchase Price Differential - An amount which, when added to the amount for which the
Displacing Agency purchased your property, equals the lesser of the actual cost of your
replacement dwelling; or the amount determined by the Displacing Agency as necessary to
purchase a comparable replacement dwelling. Your relocation representative will explain
both methods to you.
2. Mortgage Interest Differential - The amount which covers the increased interest costs, if
any, required to finance a replacement dwelling. Your relocation representative will
explain limiting conditions.
3. Incidental Expenses - Those one time incidental costs related to purchasing a replacement
unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as
prepaid taxes and insurance premiums are not compensable.
B. Rental Assistance Option - If you are an owner -occupant and choose to rent rather than purchase
a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount
that you could have received under the Purchase Price Differential, explained above. The payment
will be based on the difference between the fair market rent of the dwelling you occupy and the
rent you must pay for a comparable replacement dwelling.
If you receive a rental assistance payment, as described above, and later decide to purchase a
replacement dwelling, you may apply for a payment equal to the amount you would have received
if you had initially purchased a comparable replacement dwelling, less the amount you have
already received as a rental assistance payment.
7. QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS
To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable
replacement unit within one year from the following:
• For a tenant, the date you move from the displacement dwelling.
• For an owner -occupant, the latter of:
a. The date you receive final payment for the displacement dwelling, or, in the case of
condemnation, the date the full amount of estimated just compensation is deposited in
court; or
55A-42
b. The date the Displacing Agency fulfills its obligation to make available comparable
replacement dwellings.
All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months
from the date on which you receive final payment for your property, or the date, on which you move,
whichever is later.
8. LAST RESORT HOUSING ASSISTANCE
If comparable replacement dwellings are not available when you are required to move, or if replacement
housing is not available within the monetary limits described above, the Displacing Agency will provide
Last Resort Housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis.
Last Resort Housing assistance is based on the individual circumstances of the displaced person. Your
relocation 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 and eligible incidental expenses of the home you intend to purchase.
9. RENTAL AGREEMENT
As a result of the Displacing Agency's action to purchase the property where you live, you may become a
tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will
specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other
pertinent information.
10. EVICTIONS
Eviction for cause must conform to applicable State and local law. Any person who occupies the real
property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be
entitled to relocation benefits, unless the Displacing Agency determines that:
• The person received an eviction notice prior to the initiation of negotiations and, as a result, was
later evicted; or
• The person is evicted after the initiation of negotiations for serious or repeated violation of
material terms of the lease; and
• The eviction was not undertaken for the purpose of evading relocation assistance regulations.
Except for the causes of eviction set forth above, no person lawfully occupying property to be purchased
by the Displacing Agency will be required to move without having been provided with at least 90 days
written notice from the Displacing Agency.
11. APPEAL PROCEDURES - GRIEVANCE
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by
the Displacing Agency's Relocation Assistance Program may have the appeal application reviewed by the
Displacing Agency in accordance with its appeals procedure. Complete details on appeal procedures are
available upon request from the Displacing Agency.
12. TAX STATUS OF RELOCATION BENEFITS
California Government Code Section 7269 indicates no relocation payment received shall be considered as
income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of
55A-43
Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11
(commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal
regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part
24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been
redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal
advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal
counsel to determine the current status of such payments.
(IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you
that any tax advice contained in this communication (including any attachments) was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the
Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters
addressed herein)
13. LAWFUL PRESENCE REQUIREMENT
In order to be eligible to receive relocation benefits in federally -funded relocation projects, all members of
the household to be displaced must provide information regarding their lawful presence in the United
States. Any member of the household who is not lawfully present in the United States or declines to
provide this information may be denied relocation benefits, unless such ineligibility would result in an
exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen
or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as
significant and demonstrable adverse impact on the health or safety, continued existence of the family unit,
and any other impact determined by the Displacing Agency to negatively affect the alien's spouse, parent
or child. Relocation benefits will be prorated to reflect the number of household members with certified
lawful presence in the US.
14. NON-DISCRIMINATION AND FAIR HOUSING
No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation
assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act
of 1968, and other applicable state and federal anti -discrimination and fair housing laws. You may file a
complaint if you believe you have been subjected to discrimination. For details contact the Displacing
Agency.
15. 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 at Overland, Pacific & Cutler.
55A-44
Relocation Assistance
Informational Statement
For Business, Farm & Nonprofit
(Federal — Limits Effective as of October 1, 2104)
Displacing Agent:
Depot at Santiago, LP
Project Name:
Depot at Santiago
Displacing Agency Representative:
Overland, Pacific & Cutler, Inc.
1 Jenner, Suite 200
Irvine, CA 92618
Phone: 1-800/901-5263
Spanish speaking agents are available. Si necesita estainformacisn en espanol, por favor flame a su agente.
55A-45
(Federal)
Introduction
The property on which you now conduct your business is in an area to be improved by, or financed
through, the Displacing Agency using federal funds. If and when the project proceeds, and it is
necessary for you to move your business, you may be eligible for certain benefits. You will be
notified in a timely manner as to the date by which you must move. Please read this information, as
it will be helpful to you in determining your eligibility and the amount of the relocation benefits you
may receive under the law. You will need to provide adequate and timely information to determine
your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive
the benefits or it may take longer to pay you. We suggest you save this informational statement for
reference.
The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc.
(OPQ to provide relocation assistance to you. The firm is available to explain the program and
benefits. Their address and telephone number is listed on the cover.
PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE THE
PROPERTY. However, if you desire to move sooner than required, you must contact your
relocation agent at Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a
general informational brochure only, and is not intended to give a detailed description of either the
law or regulations pertaining to the Displacing Agency's relocation assistance program.
Please continue to pay your rent to your current landlord, otherwise you may be evicted
and jeopardize the relocation benefits to which you may be entitled to receive. Once the
Displacing Agency acquires the property, you will also be required to pay rent to the
Displacing Agency.
Summary of Available Relocation Assistance:
A. Advisory assistance to explain the relocation process, the related eligibility requirements, the
procedures for obtaining reimbursement for moving expenses and referrals to suitable
replacement locations
B. Payment for your moving expenses. You may receive one of the following options;
Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or
Option 2: A Fixed Payment In Lieu of a Payment for Actual Moving and Related
Expenses
C. Other help to reestablish your business and minimize the impact of the move including help in
preparing claim forms to request relocation payments.
If you disagree with the Displacing Agency's decision as to your right to a relocation payment, or the
amount of the payment, you may appeal that decision.
55A-46
GENERAL RELOCATION QUESTIONS
1. How Will I Know I Am Eligible for Relocation Assistance?
Ordinarily, eligibility begins on the date the owner of the property receives the Displacing Agency's
initial written offer to purchase the property. Therefore, you should not move before that date or
receiving a notice of eligibility. If you do, you may not be eligible for relocation assistance.
2. How Will the Displacing Agency Know How Much Help I Need?
You will be contacted at an early date and personally interviewed by an agent of the Displacing
Agency. The interviewer will want to get information about your current operation, as well as identify
movable personal property and non-movable improvements, determine your needs and preferences
for a replacement location, estimate the time required to vacate the premises and your need for
advance payments. During the interview, you may want to discuss other issues relative to your
move. It is to your advantage to provide as much information as possible so that the Displacing
Agency, through its relocation agent, can assist you in moving with a minimum of hardship. The
information you give will be kept in confidence.
3. How Soon Will I Have to Move?
Every reasonable effort will be made to provide you with sufficient time to find a suitable
replacement location and reestablish your business. If possible, a mutually agreeable date for the
move will be worked out. Unless there is an urgent need for the property (e.g., your occupancy
would present a health or safety emergency), you will not be required to move without at least 90
days advance written notice. It is important, however, that you keep in close contact with the
Displacing Agency so that you are aware of the time schedule for carrying out the project and the
approximate date by which you will have to move.
4. I Own the Property. Will I Be Paid for It Before I Have to Move?
If you reach a voluntary agreement to sell your property to the Displacing Agency, you will not be
required to move before you receive the agreed purchase price. If the property is acquired through
an eminent domain proceeding, you cannot be required to move before the estimated fair market
value of the property has been deposited with the court. (You should be able to withdraw this
amount immediately, less any amounts necessary to pay off any mortgage or other liens on the
property and to resolve any special ownership problems. Withdrawal of your share of the money will
not affect your right to seek additional compensation for your property).
S. Will I Have to Pay Rent to the Displacing Agency Before I Move?
You may be required to pay a fair rent to the Displacing Agency for the period between the
acquisition of your property and the date that you move. Your rent and the terms of your tenancy
will be generally the same as in the prior arrangement.
6. How Will I Find a Replacement Location?
Your relocation agent will provide you with current and continuing information on available
replacement locations that meet your needs. You will also be provided with the names of local real
estate agents and brokers who can assist you in finding the type of replacement location you require.
However, you are urged to take an active role in identifying, and relocating to, a location of your
55A-47
choice. No one knows your needs better than you do. You will want a facility that provides sufficient
space for your planned activities. You will also want to ensure that there are no zoning or other
requirements which will unduly restrict your planned operations. Your relocation agent will explain
which kind of moving costs are eligible for reimbursement and which are not eligible. That will enable
you to carry out your move in the most advantageous manner.
7. What Other Assistance Will Be Available to Help Me?
In addition to help in finding a suitable replacement location, your relocation agent will help you
secure the services of outside specialists, as necessary, to plan the move, as well as provide
assistance during the actual move and in the reinstallation of machinery and/or other personal
property. The range of services depends on the needs of the business being displaced. You should
ask the Displacing Agency's relocation agent to tell you about the specific services that will be
available to you.
S. I Have a Replacement Location and Want to Move. What Should I Do?
Before you make any arrangements to move, notify the Displacing Agency's relocation agent, in
writing, of your intention to move. This should be done at least 30 days before the date you begin
your move. The Displacing Agency will discuss the move with you and advise you of the relocation
payment(s) for which you may be eligible, the requirements to be met, and how to obtain a
payment.
9. I Plan to Discontinue My Business Rather than Move. What Should I Do?
If you have decided to discontinue your business rather than reestablish it, you may still be eligible
to receive a payment. Contact the Displacing Agency's relocation agent and discuss your decision to
discontinue your business. You will be informed of the payment, if any, for which you may be
eligible, the requirements to be met, and how to obtain your payment.
10. What Kinds of Payments for Moving Expenses Will I Receive?
Every business is eligible for a relocation payment to cover the reasonable cost of moving. Assuming
you meet certain eligibility criteria, you may choose one of the following options:
Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or
Option 2: A Fixed Payment In Lieu of Moving and Related Expenses
These payment options are described below:
Option 1: Payment for Actual Reasonable Moving and Related Expenses
If you choose a Payment for Actual Reasonable Moving and Related Expenses, you may claim the
cost of:
1. Transportation of personal property. Transportation costs for a distance beyond 50 miles are
not eligible, unless the Displacing Agency determines that relocation beyond 50 miles is
justified.
2. Packing, crating, unpacking, and uncrating of the personal property.
55A-48
3. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery,
equipment, and other personal property, and certain substitute personal property. This
includes connection to utilities available within the building. It also includes modifications to
the personal property, including those mandated by Federal, State or local law, code or
ordinance, necessary to adapt it to the replacement structure, the replacement site, or the
utilities at the replacement site, and modifications necessary to adapt the utilities at the
replacement site to the personal property.
4. Storage of the personal property determined to be necessary by the Displacing Agency, not
to exceed 12 months, unless the Displacing Agency determines that a longer period is
warranted.
5. Insurance for the replacement value of the personal property in connection with the move
and necessary storage.
6. The replacement value of property lost, stolen or damaged in the process of moving (not
through fault or negligence of the displaced person, his or her agent or employee), where
insurance covering such loss, theft or damage is not reasonably available.
7. Any license, permit, fees or certification required of your business at the replacement
location. However, the payment may be based on the remaining useful life of the existing
license, permit, fees or certification.
8. Reasonable and oreauthorized professional services, the Displacing Agency determines to be
necessary for (i) planning the move of the personal property, (ii) moving the personal
property, and (iii) installing the relocated personal property at the replacement location.
9. Re -lettering signs and replacing stationary on hand at the time of displacement that is made
obsolete as a result of the move.
10. Actual direct loss of tangible personal property incurred as a result of moving or discontinuing
your business. The payment will consist of the lesser of:
(i) The fair market value in place of the item, as is for continued use at the displacement
site, less the proceeds from its sale. (To be eligible for payment, you must make a
good faith effort to sell the personal property, unless the Displacing Agency
determines that such effort is not necessary. When payment for property loss is
claimed for goods held for sale, the fair market value will be based on the cost of the
goods to the business, not the potential selling price.); or
(ii) The estimated cost of moving the item as is, but with no allowance for storage; or for
reconnecting a piece of equipment if the equipment is in storage or not being used at
the acquired site. (If you elect to discontinue your business, the estimated cost will be
based on a moving distance of 50 miles.)
11. Purchase of substitute personal property. If an item of personal property which is used as
part of your business is not moved but is promptly replaced with a substitute item that
performs a comparable function at the replacement site, you will be entitled to payment for
the lesser of:
55A-49
(i) The cost of the substitute item, including installation costs at the replacement site,
minus any proceeds from the sale or trade-in of the replaced item; or
(ii) The estimated cost of moving and reinstalling the replaced item but with no allowance
for storage. At the Displacing Agency's discretion, the estimated cost for a low cost or
uncomplicated move may be based on a single bid or estimate.
12. The reasonable cost incurred in attempting to sell an item that is not to be relocated.
13. Searching for a replacement location. Your business is entitled to reimbursement for actual
expenses, not to exceed $2,500 as the Displacing Agency determines to be reasonable, which
are incurred in searching for a replacement location including:
i) Transportation
ii) Meals and lodging away from home.
iii) Time spent searching, based on reasonable salary 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.
V) Time spent in obtaining permits and attending zoning hearings; and
vi) Time spent negotiating the purchase of a replacement site based on a reasonable
salary or earnings.
14. When the personal property to be moved is of low value and high bulk, and the cost of
moving the property would be disproportionate to its value in the judgment of the Displacing
Agency, the allowable moving cost payment shall not exceed the lesser of: the amount which
would be received if the property were sold at the site or the replacement cost of a
comparable quantity delivered to the new business location.
15. Other related moving expenses as the Displacing Agency determines to be reasonable and
necessary, including:
i) Connection to available nearby utilities from the right-of-way to improvements at the
replacement site;
ii) Professional services performed prior to the purchase or lease of a replacement site to
determine its suitability for your business operation, including but not limited to soil
testing, feasibility and marketing studies (excluding any fees or commissions directly
related to the purchase or lease of such site). At the Displacing Agency's discretion, a
reasonable pre -approved hourly rate may be established
iii) Impact fees or one-time assessments for anticipated heavy utility usage, as
determined by the Displacing Agency.
The Displacing Agency's relocation agent will explain all eligible moving costs, as well as, those which
are not eligible. You must be able to account for all costs that you incur, so keep all your receipts.
The Displacing Agency will inform you of the documentation needed to support your claim.
You may minimize the amount of documentation needed to support your claim, if you elect to "self -
move" your property. Payment for a self -move is based on the amount of an acceptable low bid or
estimate obtained by the Displacing Agency. If you self -move, you may move your personal property
using your own employees and equipment or a commercial mover. If you and the Displacing Agency
55A-50
cannot agree on an acceptable amount to cover the cost of the self -move, you will have to submit
full documentation in support of your claim.
You may elect to pay your moving costs yourself and be reimbursed by the Displacing Agency or, if
you prefer, you may have the Displacing Agency pay the mover directly. In either case, let the
Displacing Agency's relocation agent know before you move. The Displacing Agency agent can help
you select a reliable and reputable mover.
When a payment for "actual direct loss of personal property" or "substitute personal property" is
made for an item, the estimated cost of moving the item may be based on the lowest acceptable bid
or estimate obtained by the Displacing Agency. If not sold or traded -in, the item must remain at the
old location and ownership of the item must be transferred to the Displacing Agency before you may
receive the payment.
In addition to the reimbursable expenses described above, a small business, farm or non-profit
organization may be eligible to receive a payment of up to $25,000 for expenses actually incurred in
relocating and reestablishing its operation at a replacement site. Eligible expenses must be
reasonable and necessary, as determined by the Displacing Agency. They may include but are not
limited to the following:
1. Repairs or improvements to the replacement real property as required by federal, state or local
law, code or ordinance.
2. Modifications to the replacement property to accommodate the business operation or make
replacement structures suitable for conducting the business.
3. Construction and Installation costs for exterior signage to advertise the business.
4. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint,
paneling or carpeting.
5. Advertising of replacement location.
6. Estimated increased costs of operation during the first 2 years at the replacement site, for such
items as:
a. Lease or rental charges
b. Personal or real property taxes
c. Insurance premiums, and
d. Utility charges (excluding Impact fees)
7. Other items that the Displacing Agency considers essential to the reestablishment of the
business.
The following is a non-exclusive listing of reestablishment expenditures not considered to be
reasonable, necessary or otherwise eligible:
• Purchase of capital assets, such as, office furniture, filing cabinets, and machinery or trade
fixtures.
• Purchase of manufacturing materials, production supplies, product inventory, or other items
used in the normal course of the business operation.
55A-51
• Interest costs associated with any relocation expense or the purchase of replacement
property.
• Payment to a part-time business in the home which does not contribute materially to the
household income.
Option 2: Fixed Payment In Lieu of a Payment for Actual Reasonable Moving and
Related Expenses
A displaced business, non-profit organization or farm may be eligible to choose a fixed payment in
lieu of the payments for actual moving and related expenses and actual reasonable reestablishment
expenses. The payment may not be less than $1,000.00 or more than $40,000.00. For a business or
farm, the payment is based on the average annual net earnings before Federal, State and local
income taxes during the 2 taxable years immediately prior to the taxable year in which it was
displaced. For a non-profit organization, the payment is based on the average of 2 years annual
gross revenues less administrative expenses.
In order to qualify for this payment, the Displacing Agency must determine that:
1. The business owns or rents personal property which must be moved in connection with the
displacement and for which an expense would be incurred in such move, and the business
vacates or relocates from its displacement site.
2. The business cannot be relocated without a substantial loss of existing patronage (clientele
or net earnings).
1 The business is not a part of a commercial enterprise having more than three other entities
which are not being acquired by the Displacing Agency, and which are engaged in the
same or similar business activities.
4. The business is not operated at the displacement dwelling/site solely for the purpose of
renting such dwelling/site to others.
5. The business contributed materially to the income of the displaced person during the two
(2) taxable years prior to displacement.
If the business or farm was not in operation for the full two years prior to displacement, the net
earnings are based on the actual period of operation at the acquired site projected to an annual rate.
Average net earnings may be based on a different period of time when the Displacing Agency
determines it to be more equitable. Net earnings include any compensation paid to the owners of the
business, a spouse or dependents. Proof of net earnings must be furnished to the Displacing Agency
through income tax returns, certified financial statements, or other reasonable evidence which the
Displacing Agency determines is satisfactory.
For a qualified non-profit organization, gross earnings may include membership fees, class fees, cash
donations, tithes and receipts from sales or other forms of fund collection that enables the non-profit
organization to operate. Administrative expenses are those for administrative support such as rent,
utilities, salaries, advertising and other like items as well as fund raising expenses. Operating
expenses for carrying out the purposes of the non-profit organization are not included in
administrative expenses. The monetary receipts and expense amounts may be verified with certified
financial statements or financial documents required by public agencies.
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The Displacing Agency will inform you as to your eligibility for this payment option and the
documentation you must submit to support your claim. Remember, when you elect to take this
payment option you are not entitled to reimbursement for any other moving expenses, i.e. Option A
described above.
11. I Own an Outdoor Advertising Display. What Relocation Payment Will I Receive?
As the owner of an outdoor advertising display, you are eligible for a Relocation Payment For Actual
Reasonable Moving and Related Expenses. You are not eligible to receive a Payment In Lieu of a
Payment For Actual Reasonable Moving and Related Expenses.
If you choose not to relocate or replace the sign, the payment for "direct loss of personal property"
would be the lesser of: (1) the depreciated reproduction cost of the sign, as estimated by the
Displacing Agency, less the proceeds from its sale, or (2) the estimated cost of moving the sign
without temporary storage. The Displacing Agency will inform you as to the exact costs that may be
reimbursed.
12. How do I Receive a Relocation Payment?
You must file a claim for a relocation payment. The Displacing Agency's relocation agent will provide
you with the required claim forms, assist you in completing them, and explain the type of
documentation that you must submit in order to receive your relocation payments. If you must pay
any relocation expenses before you move (e.g., because you must provide a security deposit if you
lease your new location), discuss your financial needs with the Displacing Agency. You may be able
to obtain an advance payment. An advance payment may be placed in "escrow" to ensure that the
move will be completed on a timely basis.
If you are a tenant, you must file your claim within 18 months after the date you move. If you own
the property, you must file within 18 months after the date you move, or the date you receive the
final acquisition payment, whichever is later. However, it is to your advantage to file as soon as
possible after you move. The sooner you submit your claim, the sooner it can be processed and paid.
If you are unable to file your claim within 18 months, the Displacing Agency may extend this period.
You will be paid promptly after you file an acceptable claim. If there is any question regarding your
right to a relocation payment or the amount of the payment, you will be notified, in writing, of the
problem and the action you may take to resolve the matter.
13. Non -Discrimination
No person shall on the grounds of race, color, national origin or sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's
relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the
Civil Rights Act of 1968, and other applicable state and federal anti -discrimination laws. You may file
a complaint if you believe you have been subjected to discrimination. For details contact the
Displacing Agency.
14. Appeals
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized
by the Displacing Agency's Relocation Assistance Program may have the appeal application reviewed
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by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal
procedures are available upon request from the Displacing Agency.
15. Tax Status of Relocation Benefits
California Government Code Section 7269 indicates no relocation payment received shall be
considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with
Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax
law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code.
Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment
received under this part (Part 24) shall be considered as income for the purpose of the Internal
Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The
preceding statement is not tendered as legal advice in regard to tax consequences, and displacees
should consult with their own tax advisor or legal counsel to determine the current status of such
payments.
(IRS Circular 230 disclosure; To ensure compliance with requirements imposed by the IRS, we inform
you that any tax advice contained in this communication (including any attachments) was not
intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related
penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another
party any matters addressed herein)
16. Lawful Presence Requirement
Pursuant to the Public Law 105-117, in order to be eligible to receive non-residential relocation
benefits in federally -funded projects, in the case of an unincorporated business, each owner must be
either a citizen or national of the United States, or an alien who is lawfully present in the United
States. The owner of a sole proprietorship and all owners of a partnership must provide information
regarding their lawful presence in the United States, and a for-profit or a non-profit corporation must
certify that it is authorized to conduct business within the United States. Owners of sole
proprietorships or partnerships, who are not lawfully present in the United States, or who decline to
provide this information, are not eligible for relocation assistance, unless such ineligibility would
result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of
whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual
hardship is defined as significant and demonstrable adverse impact on the health or safety,
continued existence of the family unit, and any other impact determined by the Displacing Agency to
negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the
number of owners with certified lawful presence in the United States.
17. Additional Information
If you have further questions after reading this brochure, please contact the Displacing Agency's
relocation agent at Overland, Pacific & Cutler, Inc.
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EXHIBIT D
PUBLIC COMMENTS & RESPONSES
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EXHIBIT 2
ROH — 11/03115
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE RELOCATION PLAN FOR
RESIDENTIAL PROPERTY LOCATED AT 923 N.
SANTIAGO STREET.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS
FOLLOWS:
Section 1: The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. On May 20, 2013, the City Council approved and authorized the loan
agreements for an affordable housing project called the Depot at Santiago
(Project) located 923 N. Santiago Street. The Project will be a mixed used
project that will provide retail space, 70 affordable units and a community
room.
B. Since obtaining City Council approval of the funding and the Project, the
Developer has obtained additional funding from the State of California,
including funding from the Infill Infrastructure Grant (IIG) and the
Affordable Housing and Sustainable Communities Program (Cap &
Trade).
C. Based on California Law, when State funds are provided to a project,
which would lead to the displacement of people from their homes and/or
business, the legislative body must approve a relocation plan.
D. The Project Relocation Plan has been prepared in conformance with
applicable provisions of California Relocation Assistance Law and
Relocation Guidelines as well as United States Department of Housing
and Urban Development (HUD) regulations.
E. This plan is required due to the necessary demolition of the existing
structures, and the permanent displacement of all current occupants
located at 923 N. Santiago Street. The needs and characteristics of the
displaced population, available relocation resources, and the Developer's
program to provide assistance to each affected person are general
subjects of the Relocation Plan. The original Relocation Plan was
completed in September of 2013, and was updated in September of 2015
as the Project is close to commencing.
Resolution No. 2015-
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Section 2: In accordance with the California Environmental Quality Act (CEQA),
Environmental Impact Report No. 2006-02 was prepared for the Transit Zoning Code,
where the proposed Project is located. On June 7, 2010, the City Council adopted a
resolution certifying the Final Environmental Impact Report, adopted the CEQA Findings
of Fact and Statement of Overriding Considerations, and adopted the Mitigation
Monitoring and Reporting Program for the Transit Zoning Code. No additional CEQA is
required for this Project.
Section 3: The City Council hereby approves the relocation plan for the
residential Property located at the aforementioned addresses, and the establishment of
an account in accordance with state mandates for the payment of relocation benefits to
the displaced households,
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 day of
APPROVED AS TO FORM:
Sonia R.;ajvalhA, City Attorney
IN
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
2015.
Miguel Pulido
Mayor
Resolution No. 2015-
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2015- to be the original resolution adopted by the City Council of
the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2015--
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