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HomeMy WebLinkAboutItem 2a: Relocation Plan for Tenants at 16 Campus Drive for Campus Commons Affordable Housing ProjectDATE: September 21, 2010 TO: Chairman and Redevelopment Agency Board FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jerry Schwartz, Economic Development Manager 1 SUBJECT: RELOCATION PLAN FOR THE TENANTS AT 16 CAMPUS DRIVE TO FACILITATE THE CAMPUS COMMONS AFFORDABLE HOUSING PROJECT Recommendation: Approve SUMMARY The Campus Commons senior housing project is a 43 -unit development at 16 Campus Drive. The project received its entitlements from the City Council at the July 6 meeting. There are currently seven apartments on the property. One of the responsibilities of the developers is to relocate the tenants from the seven apartments, and do so in conformance with the relocation rules that apply to the Redevelopment Agency. One step in that process is the preparation of a Relocation Plan, which must be approved by the Agency Board. BACKGROUND STAFF REPORT Arcadia Redevelopment Agency The development team of Davila Properties and Ashwood Construction (the developers) have been working on many different aspects of the Campus Commons project, including entitlements, securing its construction loan, applying for tax credits and tax exempt bonds, working on a bridge loan, and arranging the relocation of the tenants. Relocation of the tenants is a process that involves several steps. The ultimate goal is to find each tenant a suitable place to move that is equal to or better than their apartment at 16 Campus Drive at a rent that they can afford. If units for relocation are more expensive, the tenant is eligible for a payment for up to 42 months to bridge that higher rent in the new location. The cost to move is also paid as part of the relocation process. It is important to remember that these tenants didn't ask to move, but are being relocated as part of the senior housing project. While the developers are responsible for the relocation process, they must follow the requirements that are expected of redevelopment agencies. This is because the project is being developed in cooperation with the Agency, making the Agency responsible if any relocation cases are not handled properly. DISCUSSION The developers have hired Jean Lawrence, an experienced relocation consultant, to handle the seven apartments at the project site. Ms. Lawrence has made contact with the tenants earlier this year to inform them about the possibility of relocation and to find out about family size and needs and preferences about places to live. This information also allowed the developers to factor the potential relocation costs into their project budget. The next benchmark in the relocation process was the preparation of a Relocation Plan. The Relocation Plan explains the project, the need for relocation, the relocation services provided, the relocation needs of the tenants, the relocation process, the rights of the tenants, and the opportunity for public review and input. Ms. Lawrence prepared the Relocation Plan with input from Agency staff and Agency Counsel. The legal requirement is that the tenants receive written notification at least 30 days before this meeting that the Relocation Plan has been prepared and will be considered by the Agency Board. Ms. Lawrence prepared the letters and delivered them on August 19, 2010. She included a copy of the Relocation Plan for each apartment, which exceeds the legal requirement. She also provided a form for the tenants to provide comments on the Relocation Plan. In addition, the Agency Board was informed that the 30 day comment period for the Relocation Plan had started through a memorandum provided on August 19, 2010. The Agency Board is required to approve the Relocation Plan as a part of the project approval. In approving the Plan, the Agency is approving the relocation process that will be used with the tenants. While consideration of the Plan is not a public hearing, the Board should verify if any of the tenants wish to speak about the Relocation Plan. After approval of the Relocation Plan, and once the project financing has closed, Ms. Lawrence will provide the tenants with a letter that notifies them of a 90 day period for relocation and three relocation locations they might wish to consider. She will then work with the tenants until they have found a suitable place and actually moved. As indicated above, if the new location is more expensive than their current apartment, they would be eligible for payments for the monthly difference in rent for a 42 -month period. The construction of the senior apartments can only begin after all tenants are successfully relocated. After the relocation process is completed, information will be added to the Relocation Plan regarding final relocation costs and funds used for relocation, a summary of the actual relocations, including any problems and their resolutions, and a summary of City /Agency actions related to the project. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The Relocation Plan is not considered a project per CEQA (CEQA Guidelines, Section 15061 (b) (3). The Campus Commons project was approved with a Negative Declaration on July 6, 2010 as part of the approval of the entitlements for the project. Tenant Relocation Plan September 21, 2010 Page 2 of 3 FISCAL IMPACT The costs for relocation are part of the overall project budget, which has been factored into the request for Agency financial assistance that was discussed at the July 6 Study Session and will be included in the Owner Participation Agreement between the developers and the Agency. RECOMMENDATION Approve the Relocation Plan for the tenants at 16 Campus Drive to facilitate the Campus Commons affordable housing project. Approved: fie,,, .--,, Donald Penman, City Manager Attachment: Relocation Plan Tenant Relocation Plan September 21, 2010 Page 3 of 3 RESIDENTIAL RELOCATION PLAN Campus Commons Senior Apartments Prepared for Ashwood Construction, Inc. August 2010 TABLE OF CONTENTS RELOCATION PLAN — August 2010 Campus Commons Senior Apartments TABLE OF CONTENTS INTRODUCTION 1 SECTION I — Project Location and Description 2 SECTION II — Relocation Needs of Current Residents 6 Proposed Dates of Displacement 6 Aggregate Relocation Needs 7 SECTION III 8 Relocation Housing Resources 8 Advisory Services 9 SECITON IV — General Information 10 Relocation Payments and Payment Plan 10 Cost Estimate and Source 11 Last Resort Housing 11 Temporary Relocation 11 Relocation Office Procedures 11 Citizen Participation 11 Coordination Activities 12 Relocation Committee 12 Written Determination by Public Entities 12 Grievance Procedures 12 Public Review of Relocation Plan 13 LOCATION MAP — Exhibit 1 3 DIAGRAMMATIC ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 SKETCH (Site Plan) — Exhibit 2 5 — General Information Notice — Tenant Relocation Brochure — Public Comments and Agency Documents RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 INTRODUCTION In January 2010, Ashwood Construction ("developer "), in conjunction with Davila Properties LLC, submitted a preliminary proposal to the City of Arcadia and began investigating the acquisition of a 23,100 square foot parcel located at 12 and 16 Campus Drive in the incorporated city boundaries. On May 11, 2010, the Arcadia Planning Commission recommended that the City Council approve the proposed development with conditions. In June 2010 the Redevelopment Agency of the City of Arcadia conducted a Study Session to review the financial feasibility of the proposed development. With the assistance of the Redevelopment Agency of the City of Arcadia ("Agency "), 43 new senior citizen designated apartment units will be developed on site. All units will be restricted to low income households at an affordable rent, as those terms are defied in the Health and Safety Code for a period of 55 years. Funding for the project will come from the City of Arcadia Redevelopment Agency Low - and - Moderate - Income Housing Set -aside account, from Low Income Housing Tax Credits, and Federal Low Income Housing Tax - Exempt Bonds. There are currently two multi -unit structures on the site, with a total of seven (7) residential units. Six are occupied; one is vacant. The former tenant has been located and confirmed that he moved after the Initiation of Negotiations between the developer and the Agency and is entitled to relocation. The residents have been there for many years; none are age - eligible for the new apartments. Relocation activities will be carried out in accordance with Government Code Sections 7260 et seq., the California Relocation Assistance Act of 1970 (Gov. Code § 7260 et seq., the California Relocation Assistance and Real Property Acquisition Guidelines (Cal. Code Regs., tit. 25, § 6000 et seq, the Agency's Relocation rules and Regulations, the Agency's Relocation Assistance Advisory Program and this Relocation Plan. In accordance with relocation rules and regulations, the General Information Notice ("GIN ") (see Attachment #1) and a tenant information booklet (see Attachment #2) were delivered to the resident households on April 23 and 24, 2010. The General Information Notice and tenant information booklet was provided to the tenant who had moved on August 15, 2010. They all signed a delivery confirmation. An experienced acquisition and relocation firrm, has been selected to prepare this Relocation Plan ("the Plan "), and will provide all subsequently required relocation assistance. In compliance with statutory requirements, the Plan has been prepared to 1 RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 evaluate the present circumstances and replacement housing requirements of the current occupants. The general purposes of a relocation plan are to describe the circumstances of potential displacees, the availability of replacement housing, and the Developer's program to provide required advisory and financial assistance. It is important to be aware that the preparation and approval of a relocation plan fulfills an administrative requirement but does not, by itself, constitute a commitment to proceed with the Project. The relocation plan is being prepared according to applicable provisions of California Title 25, Housing and Community Development Act, Division 1, Chapter 6; California Relocation Law, Government Code 7260 et seq. and its regulations. The Plan includes four sections: SECTION I - Project location and description SECTION II - Relocation needs of the current residents SECTION III — Replacement Housing resources SECTION IV — General Information 2 RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 Section I — Project Location and Description The 23,100 square foot site is located just west of the southwest corner of Campus Drive and Santa Anita Avenue on the south side of Campus Drive. The Arcadia High School playing field is to the west and a professional office site is to the east, on the corner. The site is directly across Campus Drive from the Santa Anita Golf Course. few Lem - - W 'Ormi 8041 s: ■1 aui e Arcadia county P.M b 1601roliatithe � Banta t Golf Course F porriew ' G Mils - - - t Ave 4 I e 4 .,,,i,,.ew iN Avis W Rs6m A yv NYomi Ave -= - N lr t Ii W _ ^° Rssi.Av# .. ` - - %, Nartron Ave: ',- Shaton Rdi pheron Rd - i W le Ave , , We W lemon Ave I 3 _ _ W ■Wisfetis AMS II .# �el Sl : _; ' h . • W L ig- Flores 'Ave t r . 1 WOO Lpnpdee AV � ;; Waintit Ale Templ. CHy s i'VT Rvgar nlrie Dr "Palm Dr _, ;.:_ 4 III iil `I i!ll i ii - w COloradO B • >> / e g j F�epno I Re I l 3 li l; Exhibit 1— Project Area /Site Location t "LYNN 1414i0 F Bl d i er Av e E't3NVe A '. I Q 1rwiM.N b:u o t Aye 4 RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 Present dwelling, the rent, the type and quality of construction, the amount of habitable living space per 25 CCR 6048: The area surrounding the site is park -like; the setting is enhanced by the golf course and sports field. Multifamily residential development is situated along Santa Anita Avenue interspersed with commercial /retail. A mix of schools, homes and commercial buildings are located to the west of the High School site. A hospital is located to the west of the golf course and the senior center is in the park area just north of the golf course. Bus service is available two blocks south of the development site. There are currently two structures on the site with a north -to -south orientation. The buildings are situated parallel to each other with paved parking in the rear of the site. Access is off of Santa Anita Avenue. Both buildings will be demolished. The structures contain a total of seven residential units including three one - bedroom and four studio units. Six units are currently occupied and the residents will be given relocation counseling and assistance. The structures at the site are standard wood - frame, stucco, single -story construction. The flat -roofs need replacement and both structures are showing signs of delayed maintenance and incomplete repair. All seven units are very small and internal remodeling to provide private space for occupants has been haphazard. Kitchen areas in some of the units are best defined as "butler kitchens" located in a closet -type setting. Current rental rates are from $575 to $850 a month. Units range in size from about 500 square feet to 650 square feet. Campus Commons Senior Apartments will include 10 two bedroom /one bath and 33 one bedroom /one bath units. The four -story building will include parking and the community /recreation room on the ground floor with three stories of residences above. The community center will also have space for an on -site manager office, a large meeting room, kitchen area, and private office areas for use by health and counseling providers. An elevator will be provided for easy access to residential levels. Special insulation and sound - proofing will be installed on the east side of the structure to eliminate or mitigate sounds from the adjacent athletic field. The apartments will be available to senior citizens 62 years of age and older with incomes range from 35% to 60% of Area Median Income (AMI) at an affordable cost. The complex will remain age and income restricted for a period of 55 years. The apartments will be sited to take advantage of any passive heating and cooling methods available. A photovoltaic panel system is planned for the project. The system will service the electrical needs of the community spaces including the community building and site lighting. Building architecture, surfacing and colors will be designed to comply with energy efficient construction and comply with City of Arcadia codes and RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 regulations. Every unit will contain energy efficient appliances and plumbing designed to accommodate senior citizens including levered faucet and door handles, low entry- door thresholds, and wide hallways with wall mounted railing. All units will include full kitchens and washer and dryers. Exhibit 2 — Proposed Site Plan 5 i MI RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 SECTION II - Relocation needs of the current residents Projected dates of displacement: It is anticipated that relocation notices will be sent to residents to be displaced as soon as project approvals are in place. All required Notices will be issued as provided by law and the 90 day notices maybe issued beginning in November, 2010. Site work will commence once residents are relocated. It is anticipated that it will take 12 months to complete construction. Aggregate Relocation Needs /How Needs Will Be Met: Method of Notification: On April 23 and 24, 2010 the residents currently on site were visited by a Relocation Specialist and were given verbal and written notice (General Information Notice) of the possibility that the site would be developed for new affordable housing. The resident received a copy of the Tenant Relocation Brochure. They were also provided a contact name and telephone of a person they can contact at any time regarding the status of the project and the relocation. On August 12, 2010 a GIN was provided to the resident who previously moved from the site. • Aggregate Relocation Needs the number of persons in each housing unit • of the six households to be relocated, three units are two - person households and three are single - person households; the; the household that already moved contained one person. • type of housing needed /desired • two of the two- person households contain a single mother with one child both are teen - agers; one is a husband and wife. The youngest of two teen -agers is enrolled in private school in Arcadia; his mother drives him to school and picks him up or arranges transportation from friends. The older teen -ager has his own transportation for school. The minimum unit size for all three households is a one - bedroom unit. The three single - person households contain single adult men and all have expressed preference for a studio unit. All six families expressed a desire to stay in or near the City of Arcadia. None of the residents expressed a desire to purchase a home at this time. One family expressed a desire for assistance in obtaining rental vouchers. 6 RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 Income • four households are classified as "low income" and three are not. The low income households would be eligible for publicly assisted housing, but do not wish to apply at this time. • Special Needs • none of the households to be relocated have a disabled member • none of the households require special schools or services • there are no senior citizens among the current residents • Ethnicity and Language • Members of five households are Caucasian and their primary language is English. One household is Asian and their primary language is Indonesian. Interpreter and translation services have been provided by an adult member of their extended family. ▪ Replacement Housing • two of the current residents, and the resident who already moved, are self - employed and do not have any concerns regarding replacement housing for employment purposes. The four remaining employed occupants work in Arcadia and all have their own transportation. • all six households prefer to stay in the Arcadia area and all have expressed their desire to not be relocated to the City of El Monte which they perceive to be a "less desirable area." • every reasonable effort will be made to relocate the house- holds near their existing neighborhood. • replacement dwellings will meet or exceed the criteria for comparable, decent, safe, and sanitary dwellings with respect to number of rooms, habitable living space, and type and quality of construction as defined in the California Code of Regulations, previously cited. • dwellings will be in sound, clean and weather tight conditions, in good repair and in conformance with applicable housing codes of the city where they are located. At minimum, each housekeeping unit shall include a kitchen with useable sink, a stove or stove connection, separate complete bathroom, hot and cold running water in both kitchen and bathroom and adequate and safe wiring system 8 RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 for lighting and other electrical services and heating as required by climatic conditions and local codes. • replacement dwellings will be readily available to the displaced households and the general public without regard to race, color, sex, marital status, religion, or national origin pursuant to Title VIII of the Civil Rights Act of 1968 and other applicable state or federal anti - discrimination law. • if the displaced household expresses interest in locating their own replacement dwelling that selection will be subject to inspection by the relocation specialist to ensure that unit meets previously noted criteria. However, if the displaced household moves to a unit that does not meet DSS criteria, the relocation specialist can assist them in moving to a compliant unit. If the displaced person chooses not to move, they will not be considered ineligible to receive relocation assistance and benefits. . Locational Characteristics • as previously noted, all six tenant households wish to remain in or adjacent to the City of Arcadia. Most of them are long- time residents of the City and have social and recreational ties to the area. The Acadia area is fully developed the initial review of available units indicated there may be several sites that would meet the replacement housing criteria. That includes areas not subjected to unreasonable adverse environmental conditions, that have public utilities and facilities, municipal services, and access to health, recreational, and commercial facilities. SECTION III — Replacement housing resources Relocation Housing Resources: During December 2009 a Rental Unit Survey was conducted by Han Widjaja, the broker associated with the sale of the property to the developer and a preliminary study was conducted by Annie Gerard, CRE, CAASH, Apt Market Research. The December survey identified studios and one - bedroom units available in a five -mile area around Arcadia for rent in the City. • Two Studio units, average $912.50 /month • 18 1BR /1BA units, average $1,116 /month RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 Two bedroom /one bath units have a current average monthly rental rate of about $1,448.00. Prior to the issuance of Notice of Determination a complete rental unit survey will be conducted to ensure that the units provided as referrals to the households to be displaced, are actually available to them. Advisory Services: The relocation consultant will be available to the residents during the entire process to provide, at a minimum, the following: a. Keep residents informed of the availability of relocation benefits and assistance and the eligibility requirements and the procedures for obtaining such benefits and assistance. b. Assure eligible persons that within a reasonable period of time prior to displacement there will be available comparable replacement housing. c. Provide current and continuing information on the availability, prices, and rentals of comparable rental housing and as to security deposits and terms for residential property in the area. d. Assist each eligible person to complete applications for payments and benefits. e. Assist each eligible, displaced person to obtain and move to a comparable replacement dwelling. f. Provide inspection services of all comparable units to ensure it meets the needs and affordability of the displaced persons and that the units are decent, safe, and sanitary. Provide any services required to insure that the relocation process does not result in different or separate treatment on account of race, color, religion, national origin, sex, marital status, familial status, or any basis protected by state or federal anti - discrimination laws, or any other arbitrary circumstances. h. Supply to such eligible persons information concerning federal and state housing programs, and other offering assistance to displaced persons. i. Provide other advisory assistance to eligible persons in order to minimize their hardships. It is recommended that, as needed, such assistance include counseling and referrals with regard to housing, financing, employment, training, health and welfare, as well as other assistance. g. 9 RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 j. Inform all persons who are expected to be displaced about the Agency's grievance procedures and eviction policies to be pursued in carrying out the project. SECTION IV — General Information Relocation Payments and Payment Plan: This Relocation Plan will set forth three specific options for the payment of relocation benefits. The specific option will be determined based on specific individual household needs a. Payment Plan: It is the intent of the relocation personnel to make the payment to displaced residents as quickly and easily as possible. Once it is determined that the relocations will take place and funding is available, arrangements will be made to provide replacement unit deposits as soon as the individual rental contracts are signed. Periodic payments will be made depending on replacement housing options available to each household: (1) Upon the recommendation of the relocation specialist, Periodic Payments to the displaced household that qualifies for market rate rental housing shall be made in three equal payments: one third when a replacement units is located and the owner/ manager /agent makes a commitment to rent /lease and makes a demand for first -last- security; one third on the date the displaced person actually vacates their unit; and the last third 30 days after the relocation. (2) Payment into Escrow: If a household to be displaced qualifies to purchase a single family home, mobile home, duplex, or other decent, safe, and sanitary residential unit, the entire amount of relocation benefit shall be deposited into the appropriate escrow account as soon as possible after the household qualifies for purchase. (3) Other payment program to be submitted to the relocation specialist who will then transmit the request to the Agency. The households to be displaced may request a professional move, may be reimbursed actual costs of moving, which will be paid upon receipt of valid receipts itemizing the services provided, or receive a fixed payment as outlined below which is periodically updated by federal and state regulation. The schedule is designed to 10 RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 include all of the expenses such as temporary storage, transportation of personal property, and utility hook ups. Occupant owns Furniture - Number of Rooms of Furniture 1 Room $625 2 Rooms $800 3 Rooms $1,000 4 Rooms $1,175 5 Rooms $1,425 6 Rooms $1,650 7 Rooms $1,900 8 Rooms $2,150 Additional room $225 Occupant does not own furniture 1 room no furn. $400 Addt' room/ no furn. $65 Relocation Cost Estimate and Source of Funds The current, preliminary relocation cost is estimated at $165,000. Specific amounts are considered confidential. Rental assistance and fixed moving cost assistance will be provided from Agency /Developer funds. This can include permanent loans, Agency Low Income Housing Set - aside, Low Income Housing Tax Credits, State Multi Housing Program (MHP) or other funds, and federal and HUD housing development funds which are, or may become, available as the project is being processed. Last Resort Housina: An updated analysis of eligibility for Last Resort Housing benefit will be prepared if the tenant to be relocated cannot locate housing within their means. Temporary Relocation: All resident households will be permanently displaced. There is no temporary relocation plan. Relocation Office Procedures: All mail and telephone contact with residents at the Campus Commons site should be directed to the relocation specialist at 760 -770- 4212; Misfit Mountain Corp, 55 La Cerra Drive, Rancho Mirage, CA 92270. a. During the actual relocation, original files will be kept in the relocation specialist offices in Rancho Mirage and a copy will be provided to the Agency. b. Individual household files are considered confidential and are kept in a secure area. Each file has a resident contact form inside and all contact, or attempted contact, is noted, along with information on whether it was a site visit or by telephone, the reason for the contact, the questions asked, and the information provided. These become a part of the permanent file. c. Upon completion of the relocation, all original files will be submitted to the Agency's office for permanent storage. 11 RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 Citizen Participation: Current and former residents of the 12 and 16 Campus Drive site will have the opportunity to attend a group meeting before the relocation commences to ask questions and receive additional information. They will also receive notices of any public meetings /hearings that are held at the City office(s) that pertain to the site and relocation. Relocation Committee: It has been determined there is no need for an onsite Relocation Committee since all residents are participating. Upon request, tenants shall be provided timely and full access to all non - confidential documents relevant to the relocation. Copies of the draft Relocation Plan will be provided to the affected households for a thirty -day (30 day) review period. They will be encouraged to provide written comments, but will be welcomed to contact the Relocation Specialist who will make a written record of verbal comments. All comments and Relocation Specialist/Agency responses will be included in the final, adopted, version of the Relocation Plan. Written Determination by Public Entities: Agency /city /funding approvals will be included as part of the permanent files once all agreements are negotiated and approved. Grievance Procedures:. Within eighteen (18) months of the date of relocation or receipt of final compensation (whichever is later), any person who believes themselves aggrieved as to the relocation process, the amount of payment, relocation practices, or replacement housing may have their claim reviewed and reconsidered by the relocation advisor and the person or persons so designated by the City of Arcadia, pursuant to procedures established for such review and reconsideration. The review may be formal or informal and every attempt will be made to constrain or mitigate disputes between parties prior to any review. If the relocation advisor denies or refuse to consider the claim, the claimant will be informed of the reasons in writing. They will be referred to the City of Arcadia for further determination. The Agency may request additional information. Upon request of the complainant, the Agency will provide a full written explanation of its determination within three weeks of its receipt of the request. The complainant may request an informal oral presentation before seeking formal review and reconsideration. The public entity will hear such presentation within fifteen (15) days of the request by complainant. The complainant may be represented by an attorney or other person of their choosing. 12 RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 At any time within the eighteen (18) month appeal period, the complainant may file a written request for formal review and reconsideration. The formal review shall be conducted pursuant to Section 6158 through 6176 of Article 5, Title 25 of the California Code of Regulations. Public Review of Relocation Plan:. Copies of the August 2010 Relocation Plan were provided to the households to be displaced by the Campus Commons Senior Apartments. A stamped envelope addressed to the Relocation Specialist was provided to each resident household by first -class mail. The households were requested to acknowledge receipt of a copy of the Relocation Plan and were asked to provide written comments within a thirty (30) day period. See Attachment #3. They were also given the option of calling the Relocation Specialist and giving verbal comments. The Relocation Specialist will make a written record of those comments. Copies of the responses will be included in Attachment 3. Attachments as noted: #1 — GINs #2 — Tenant Relocation Brochure #3 — Public Comments and Agency documents 13 Tenant XX Campus Drive, Unit XXX Arcadia, CA 91007 -6968 Dear: ATTACHMENT #1 Ashwood Construction, Inc. 5755 East Kings Canyon Road #110 Fresno, CA 93727 GENERAL INFORMATION NOTICE (GIN) — April 2010 Ashwood Construction is proposing to purchase the property you occupy at XXX Campus Drive to develop a 43 unit senior citizen affordable housing apartment complex. The developer may apply for funding from federal, state, or local agencies. If this property is acquired and funding is received and you are displaced, you may be eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) or California Title 25, Housing and Community Development Act, Division 1, Chapter 6; California Relocation Law, Government Code 7260 et seq. This notice is to inform you that you have rights under the law. It IS NOT a notice to move. Please continue to pay your rent in the same amount to the same place until you receive written notice to change. Failure to pay rent and meet your obligations as a tenant may be cause for eviction and loss of relocation assistance. If you move before receiving a formal "Notice of Displacement and Eligibility" you may not receive any relocation assistance. Please contact the relocation advisor, Ms. Jean Laurin Lawrence, Misfit Mountain Corporation, 760 - 770 -4212, misiftmountain(a gmail.com or jeannemacIPmsn.com before you plan your move. If the property is acquired 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 house. This assistance is more fully explained in the enclosed brochure. State law requires that a Relocation Plan be prepared. Misfit Mountain has been hired to complete that plan and prepare an assessment of relocation needs. To complete that assessment, we will have to interview you in person. I want you to know these projects take time and it may be several months before we know if it will be developed. If the project does not go through, you will be notified by mail. Please feel free to contact me at any time. Again, please Do Not Move now and contact me before you plan a move. Sincerely, Steven L. Froberg President RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 RELOCATION INFORMATION BROCHURE Residential Occupants Summarizing the Government Code of the State of California §7260, et seq. and the California Code of Regulations, Title 25, Chapter 6, Subchapter 1 (updated March 2010) RELOCATION PLAN - Campus Commons Senior Apartments City of Arcadia, California August 2010 Table of Contents Introduction 1 Important Terms Used in This Brochure 2 Section 1: Relocation Advisory Services 4 Section 2: Moving Expenses 5 • Actual Reasonable Moving Costs and Related Expenses 5 • Fixed Moving Cost Schedule 6 Section 3: Replacement Housing Payments 7 • For Tenants and Certain Others 7 • Last Resort Housing 7 Section 4: Important Information Regarding Relocation Assistance 8 • Filing of Claims for Payment 8 • Relocation Payments are not Considered to be Income 8 • Right to Appeal 8 • Nondiscrimination 9 • Eviction for Cause 9 • General Information 9 Introduction Government programs designed to benefit the public as a whole often result in the acquisition of private property, and sometimes in the displacement of people from their residences, businesses, non - profit organizations, or farms. When Congress passed the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and amended it in 1987 it recognized the need to balance the right of a public agency to acquire property with the rights of the occupants of the property being affected. The State of California adopted similar laws and regulations that provide for the rights of persons affected by public and publicly assisted projects. The Government Code of the State of Califomia §7260, et seq. and the Califomia Code of Regulations, Title 25, Chapter 6, Subchapter 1 outline a public agencies rights and responsibilities to acquire property and to provide Relocation Assistance. This brochure is an attempt to provide you with a summary of those laws and regulations. Certainly, the information provided in this brief brochure cannot provide you with answers to all of the specific questions and situations that might arise in the relocation of your business, farm operation, or non - profit organization. Please work with your Relocation Advisor in order to understand how the Relocation Assistance Program relates to your specific relocation. Please review this brochure carefully and present any questions to your Relocation Advisor. Section 1 of this brochure provides information about Relocation Advisory Assistance. Section 2 contains information for payments related to moving expenses. Section 3 contains information related to available replacement housing payments. Section 4 provides additional information that is important to understand regarding the Relocation Assistance Program. If you are required to move as a result of a publicly assisted program or project, a Relocation Advisor will contact you and will provide you with assistance. Your Relocation Advisor will answer your specific questions and will provide additional information that you may need to help you to understand the Relocation Assistance Program. If you have any questions regarding this brochure, please contact your Relocation Advisor. Page 1 of 11 Jean Laurin - Lawrence Misfit Mountain Corporation, Inc. 55 La Cerra Drive Rancho Mirage, California 92270 misfitmountainaamail.com or jeannemacl msn.com 760 - 770 -4212 Document1 Important Terms Used in This Brochure Agency Relocation Advisory Assistance and Relocation Payments are administered by a public agency responsible for the acquisition of real property and /or the displacement of persons from property to be used for a publicly funded program or project. The public agency may be a State agency, a local agency, such as a county or a city, or a person carrying out a program or project with public financial assistance. A public agency may contract with a qualified individual or firm like Misfit Mountain Corp, Inc. to administer the Relocation Assistance Program. However, the public agency remains responsible for the program. Displaced Person Any person who moves from real property, or who moves personal property from real property as a direct result of: (1) a written notice of intent to acquire by a public agency or as a result of the acquisition of real property in whole or in part, by a public agency or by any person having an agreement with or acting on behalf of a public agency, or as the result of a written order from a public agency to vacate the property for public use; or (2) rehabilitation, demolition or other displacing activity undertaken by a public agency or by any person having an agreement with or acting on behalf of a public agency of real property on which the person is in lawful occupancy or conducts a business, and the displacement, lasts longer than 90 days. This definition includes those persons displaced as a result of a public action where they are displaced as a result of an owner participation agreement or an acquisition carried out by a private person for or in connection with a public use where the public agency is otherwise empowered to acquire the property to carry out the public use. Comparable Replacement Housing • Decent, safe, and sanitary. • Functionally equivalent to your present home. • Actually available for you to buy or rent. • Affordable. • Reasonably accessible to your place of employment. • Generally as well located with respect to public and commercial facilities, such as schools and shopping, as your present home. • Not subject to unreasonable adverse environmental conditions. • Available to all persons regardless of race, color, religion, sex, or national origin. Decent, Safe, and Sanitary (DS &S) Certain standards to evaluate the quality of housing where you will move have been established, and any referrals for housing given to you must meet these standards. These standards are referred to as Decent, Safe, and Sanitary, which means it meets all of the minimum requirements established by federal and State regulations and conforms to applicable housing and occupancy codes. The dwelling shall: • Be structurally sound, weather tight, and in good repair. • Contain a safe electrical wiring system adequate for lighting and other devices. • Contain a heating system capable of sustaining healthful temperature (at least 70 degrees) except in those areas where local climatic conditions do not require such a system. • Be adequate in size with respect to the number of rooms and area of living space to accommodate the displaced person(s). • Have a separate, well - lighted and ventilated bathroom that provides privacy to the user and contains a sink, bathtub or shower stall, and a toilet, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. • Contain unobstructed egress to safe, open space at ground level. • Be free of any barriers which prevent reasonable ingress, egress, or use of the dwelling by such displaced person. Any housing which you may find yourself must also meet the above criteria. Please request that the Relocation Advisor make an inspection prior to moving. It is necessary that you move to DS &S housing in order to obtain Replacement Housing Payments. Section 1 — Relocation Advisory Assistance A Relocation Advisor will work with each eligible displaced residential occupant in order to guide them through the Relocation process and to help them to locate comparable replacement housing. Relocation services are provided by Misfit Mountain Corp, Inc. It is their goal and desire to be of service to you, and to assist you in any way possible to help you successfully relocate. Your Relocation Advisor is available to help and to advise you, so please make full use of their services. Do not hesitate to ask questions to ensure that you fully understand all your rights and benefits. An individual with a disability will be provided the assistance needed to understand their rights under this program and assistance to locate and to move to comparable replacement housing. Please notify your Relocation Advisor if you need any additional assistance to understand your rights or to secure comparable replacement housing. When your Relocation Advisor initially contacts you, they will interview you in order to explain the Relocation Program and they will ask many questions to determine your specific relocation needs. Your Relocation Advisor will also ask you to describe the type of comparable replacement housing you are interested in finding. Your Relocation Advisor will explain the assistance and payments that you may claim in accordance with your eligibility. It is important that you explain any anticipated relocation problems to your Relocation Advisor. After the initial interview, your Relocation Advisor will deliver written information regarding your rights as a displaced person and will forward information on available comparable replacement housing as that information becomes available. Your Relocation Advisor will continue to work with you to help you to plan your relocation to comparable replacement housing and will help you to understand which costs are compensable under the Relocation Assistance Program and which costs are not. The goal is to achieve a successful relocation back into the community. Therefore, it is important that you work closely with your Relocation Advisor to evaluate and prepare for the move and search out leads to available comparable replacement housing. Your Relocation Advisor is also available to provide information to possible sources of funding and assistance from other local, State, and Federal agencies. If you have special problems, the Relocation Advisor will make every effort to secure the services of those agencies with trained personnel who have the expertise to help you. Make your needs known in order to receive the help you need. Section 2 — Moving Expenses If you qualify as a displaced person, you are entitled to reimbursement of moving costs and certain related expenses incurred in moving. Displaced individuals and families may choose to be paid on the basis of: 1) Actual Reasonable Moving Costs and Related Expense, 2) the Fixed Moving Cost Schedule, OR 3) a combination of both, based on circumstances. Actual Reasonable Moving Costs and Related Expenses If you choose a payment for Actual Reasonable Moving and Related Expenses, you may include in your claim the reasonable costs for: a. Transportation of persons and property not to exceed a distance of 50 miles from the site from which displaced, except where relocation beyond such distance of 50 miles is justified. b. Packing, crating, unpacking and uncrating personal property. c. The cost of disconnecting, dismantling, removing, reassembling, reconnecting and reinstalling personal property including connection charges imposed by public utilities for starting utility service (e.g., telephone and cable TV). d. Such storage of personal property, for a period generally not to exceed 12 months, as determined by the public agency to be necessary in connection with relocation. e. Insurance for the replacement value of personal property during the move and necessary storage. f. The replacement value of property lost, stolen, or damaged in the move (but not through your neglect) if insurance is not reasonably available. Your Relocation Advisor will explain all eligible moving costs, as well as those which are not eligible. You must be able to account for any costs that you incur, so please keep all your receipts. Select your mover with care. Your Relocation Advisor can help you select a reliable and reputable mover. A claim for moving expenses should be submitted to the Misfit Mountain for processing as soon as possible after the move, but in no case later than 18 months from the date of the move. Your Relocation Advisor will provide you with these forms and help you fill out your claim. You may elect to pay your moving costs yourself and be repaid or, if you prefer, you may have the Agency pay the mover directly. In either case, let your Relocation Advisor know before you move. Fixed Moving Cost Schedule You may choose to be paid on the basis of a fixed moving cost schedule. The amount of the payment is based on the number of rooms in your dwelling. Your Relocation Advisor will be able to tell you the exact amount you will be eligible to receive if you select this option. The schedule is designed to include all of the expenses such as temporary storage, transportation of personal property, and utility hook ups. Occupant owns Furniture - Number of Rooms of Furniture 1 Room $625 2 Rooms $800 3 Rooms $1,000 4 Rooms $1,175 5 Rooms $1,425 6 Rooms $1,650 7 Rooms $1,900 8 Rooms $2,150 Additional room $225 Occupant does not own furniture 1 room no furn. $400 Addt' room/ no furn. $65 For a complete explanation of all moving cost options, please discuss the matter with your Relocation Advisor. Section 3 — Replacement Housing Payment For Tenants and Certain Others Having occupied the property as a tenant for 90 or more consecutive days immediately preceding the initiation of negotiations between the Agency and the developer, you may be eligible for a Replacement Housing Payment in the form of a Rent Differential Payment. You may be eligible to receive a Rent Differential for a 42 -month period up to $5,250 to assist you in renting or buying decent, safe, and sanitary housing. This payment is based on any increased rent you might have to pay to obtain a comparable replacement dwelling. The assistance is computed in the following manner: • The assistance needed for one month is determined by subtracting the "base monthly rent" for your present home from the cost of rent and utilities for your new home (or a comparable replacement home, if that cost is lower). That monthly need, if any, is multiplied by 42, to determine the total amount that you will receive. This amount will be paid directly to you. The Agency must provide the assistance in periodic payments. To be eligible for this Replacement Housing Payment: • You must have lived in the unit 90 consecutive days immediately before the City or Redevelopment Agency commenced negotiations with the owner for the purchase of the property; • You must rent and occupy a decent, safe, and sanitary replacement dwelling within 18 months from the date you vacate the displacement property or you must purchase and occupy a decent, safe, and sanitary replacement dwelling within one year from the date you vacate the displacement property. Your new dwelling must be inspected by a representative of the Agency before the Agency can make any payments other than for moving costs. Make sure that a DS &S housing inspection is made before you are obligated to buv or rent your replacement housing property. • You are residing in a decent, safe, and sanitary private dwelling when the payment is made. • Your claim for payment is submitted within 18 months of the date you move. If you decide to purchase a home when you move, the Replacement Housing Payment can be used as a down payment on your new dwelling. Last Resort Housing In some instances the basic relocation program, as established by California State law and regulations, does not provide sufficient benefits to adequately rehouse a household. Last Resort Housing is a procedure wherein the Agency, based upon additional documentation, may exceed the $5,250 monetary limits to enable a displaced tenant to rent a replacement dwelling. You will be informed if this process applies to you. Inf•rmation Re• -rdin• R-lo - '•n A i t- ce Filing of Claims for Payment All claims filed with the agency shall be submitted within 18 months of the later of (1) the date on which the claimant receives final payment for the property or, (2) the date on which the property is vacated. Most claims will be paid within three weeks of submission of a fully documented claim for payment. Relocation Payments are not Considered to be Income No relocation payment received will be considered as income for the purpose of the Internal Revenue Code of 1954, which has been re- designated as the Internal Revenue Code of 1986 (Title 26, U.S. Code) [49 CFR 24.209] or Personal Income Tax Law, Part 10 (commencing with § 17001) of Division 2 of the Revenue and Taxation Code [Gov. Code § 7269]. Please consult the IRS, a CPA, or a tax attorney if you have any questions regarding payment of taxes. No relocation payment received will be considered income or resources to any recipient of public assistance and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled under any other provisions of law. Right to Appeal Within eighteen (18) months of the date of relocation or receipt of final compensation (whichever is later), any person who believes themselves aggrieved as to the relocation process, the amount of payment, relocation practices, or replacement housing may have their claim reviewed and reconsidered by (1) the relocation advisor, (2) the person or persons so designated by the Agency and /or the United States Department of Housing and Urban Development (HUD), pursuant to procedures established for such review and reconsideration. The review may be formal or informal and every attempt will be made to constrain or mitigate disputes between parties prior to any review. If the relocation advisor denies or refuse to consider the claim, the claimant will be informed of the reasons in writing. They will be referred to the Redevelopment Agency for further determination. The Agency may request additional information. Upon request of the complainant, the Agency will provide a full written explanation of its determination within three weeks of its receipt of the request. The complainant may request an informal oral presentation before seeking formal review and reconsideration. The public entity will hear such presentation within fifteen (15) days of the request by complainant. The complainant may be represented by an attorney or other person of their choosing. At any time within the eighteen (18) month appeal period, the complainant may file a written request for formal review and reconsideration. The formal review shall be conducted pursuant to Section 6158 through 6176 of Article 5, Title 25 of the California Code of Regulations. Nondiscrimination Under Title VIII of the Civil Right Act of 1968 and later acts and amendments make discriminatory practices in the purchase and rental of most residential units illegal if it is based on race, color, religion, sex, or national origin. Title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et. seq.] sets forth the policy of the United States, within constitutional limits to ensure that all services and /or benefits will be administered without regard to race, color, national origin, or sex. Eviction for Cause You are required to continue to pay your monthly rent to the same person /agency as you have in the past until you are notified — in writing — with a new address and /or payee. Under the State relocation guidelines, eviction is permissible only as a last resort and may not be used as a means to avoid relocation payment obligations. With the exception of persons considered to be in unlawful occupancy, a displaced person's eviction does not affect eligibility for relocation assistance and benefits. Eviction may be undertaken only for one or more of the following reasons: ❑ Failure to pay rent, except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services; ❑ Performance of a dangerous, illegal act in the unit; ❑ Material breach of the rental agreement and failure to correct breach within 30 days of notice; ❑ Maintenance of a nuisance and failure to abate within a reasonable time following notice; ❑ Refusal to accept one of a reasonable number of offers of replacement 0 A requirement under State or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the public entity. General Information This brochure is provided to assist you in understanding your rights and benefits. If you have questions regarding your relocation please contact your Relocation Advisor. Additional information on relocation and acquisition requirements, the law, and the regulation can be found at http: / /www.leainfo.ca.aov /calaw.html and htto: / /www.dir.ca.00v /dIse /CCR.htm. This brochure has been provided to you as a courtesy by Misfit Mountain Corp, Inc. and is intended to provide general information concerning the Relocation Assistance Program. Further details regarding relocation assistance and benefits are set forth in the Government Code of the State of Califomia §7260, et seq. and the Califomia Code of Regulations, Title 25, Chapter 6, Subchapter 1. In the event of any conflict, Califomia Law and Regulations shall be controlling. Please contact your Relocation Advisor for additional information regarding the Relocation Assistance Program. Contact information is on Page 1, of this document. Tenant XX Campus Drive, Unit XXX Arcadia, CA 91007 -6968 Dear: Cordially, Jean Laurin - Lawrence Encl as noted ATTACHMENT #3 — Public Comment Request Misfit Mountain Corporation 55 La Cerra Drive Rancho Mirage, CA 92270 -3812 REQUEST FOR COMMENTS ON RELOCATION PLAN August 19, 2010 A copy of the Relocation Plan for the development of the Campus Commons Senior Apartments is attached for your review and comment. Also enclosed is a stamped envelope, pre- addressed to Misfit Mountain, and a comment request form. You have thirty (30) days to review the Plan and provide your comments. Comments should be given to me before September 18. 2010. Even if you do not have any comments, please acknowledge, in writing on the form, that you have received a copy of the Relocation Plan. If you prefer, you may call me and tell me your comments. I will then make a written summary of those comments and include them in the final copy of the Plan. Please feel free to contact me at any time. If I am not available when you call please leave a message with your telephone number and the best time to return your call. ATTACHMENT #3 OR OR Misfit Mountain Corporation 55 La Cerra Drive Rancho Mirage, CA 92270 -3812 REQUEST FOR COMMENTS ON RELOCATION PLAN August 19, 2010 Please complete the information on this form and return it in the envelope provided. Please return the completed form by September 18, 2010. Printed Name: Address: Telephone Number and best time to call: I certify that I have received a copy of the Residential Relocation Plan — Campus Commons Apartments, prepared for Ashwood Construction, Inc. — August 2010. Signature: Also, please indicate one of the following: I do not have any comments on the referenced Relocation Plan. My written comments are enclosed. I understand copies will be included in the final Relocation Plan. I will call the Relocation Specialist, Jean Laurin - Lawrence, at 760 - 770 -4212 and provide verbal comments. I understand that a written record of those comments will be included in the final Relocation Plan. ATTACHMENT #3