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1979-08 RESOLUTION NO. CRA-79-8 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE .APPROVING THE RELOCATION PLAN FOR THE GRAND TERRACE COWIUNITY REDEVELOP!1EN1r PROJECT WHEREAS, the Community Redevelopment Agency has prepared (or is preparing) a Proposed Redevelopment Plan for the Grand Terrace Redevelopment Project; and WHEREAS , Section 33411 of the Health and Safety Code provides that the Redevelopment Agency shall prepare a feasible method or plan for the relocation of persons and families to be temporarily or permanently displaced from within - the Project area. NOW, THEREFORE, be it resolved, determined and ordered by the Community Redevelopment Agency as follows: Section 1. The Community Redevelopment Agency hereby approves the relocation plan for the Grand Terrace Redevelop- ment Project substantially in the form attached hereto as Exhibit "A" and by reference made a part hereof. Section 2 . The Community Redevelopment Agency hereby directs that copies of said relocation plan be made available during regular business hours for public inspection at the offices of the Community Redevelopment Agency and further directs that the secretary of the Community Redevelopment Agency publish notice of the availability thereof in the Notice of Public Hearing on the Redevelopment Plan. ADOPTED this 26th day of July 1979. i Chaire,an City of Grand Terrace Community Redevelopment Agency ATTEST: U � Secrd-�dry City of Grand Terrace Community Redevelopment Agency Approved as to form : (SEAL) City Attorney I -2- STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I , MYRNA LINDAHL, Secretary of the Community Redevelopment Agency of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Redevelopment Agency of said City at a special meeting thereof held on the 26th day of July, 1979, by the following vote: AYES: Agency Members Tillinghast, Erway; Chairman Petta. NOES: None ABSENT: Agency Members Allen, Grant. Secrefdry ' City of Grand Terrace Community Redevelopment Agency (-SEAL). STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I , MYRNA LINDAHL, Secretary of the Community Redevelopment Agency of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true and correct copy of Resolution No. CRA-79-8 of said Community Redevelopment Agency, and that the same has not been amended or repealed. DATE: July 26, 1979 SecrdV(ry City of Grand Terrace Community Redevelopment Agency = (SEAL)_ j EXHIBIT "A" COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE RELOCATION PLAN FOR THE GRAND TERRACE COMMUNITY REDEVELOPMENT PROJECT 1 ADOPTED: July 26, 1979 RESOLUTION NO. CRA-79-8 I. INTRODUCTION Pursuant to Section 33411 of the California Community Redevelopment Law, and Section 6038. b (5) of the California Relocation Assistance Guidelines, a method and plan must be provided for the relocation of families and persons to be displaced from a designated redevelopment project area. The plan which follows is in compliance with these sections of the law and guidelines and is further intended to demon- strate both the City of Grand Terrace and the Redevelopment Agency's clear intentions to provide relocation advisory assistance as required by law to persons who may be displaced from the Grand Terrace Community Redevelopment Project. Such professional assistance, together with payment of relocation benefits as provided for in Sections 7260 et seq. of the Government Code, are purposefully intended to minimize the incovenience caused by displacement and the need to relocate. II. ' DEFINITIONS A. Agency - means the Community Redevelopment Agency of the City of Grand Terrace, its staff, the consultants and contractor's its employs. B. Acquired Dwelling - means a dwelling purchased by the Agency, a dwelling.for which. purchase negotiations have been initiated, or a dwelling on which rehabilitation activities or Owner Participation Agreement activities have been required. C. Average Annual Net Earnings - means one-half any net earnings of a business or farm operation before federal, state and local income taxes during the two taxable years immediately preceding the taxable year in which the business or farm, operation moves from the real property acquired or during such other period as the Director determines to be more equitable for establishing such earnings and includes any compensation_ paid by the business or farm operation to the owner, his spouse or his dependents during the two-year period. In the case of a corporate owner, earnings of the owner of a majority interest in the corporation. For the purpose of determining majority ownership, stock held by a husband, his• wife,- and .their dependent children, shall be treated as one unit. D. Business - means any lawful activity, excepting a farm operation, conducted primarily: 1. For the purchase, sale, lease. or rental of personal and real property, and for the manufacture, processing, or marketing of products, commoditiesl, or any other personal property; or 2. For the sale of services to the public; 3. By a nonprofit organization; or 4. Solely for the purpose of moving and related expenses, for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display(s) , whether or not such display(s) is located on the premises on which any of the above activities are conducted. E. City - means the City of Grand Terrace. F. Comparable Replacement Dwelling - means a dwelling which is: 1. Decent, safe, and sanitary as defined in Fart IV, A. 2. Functionally equivalent and substantially the same as the acquired dwelling with respect to: t`, a. Number of rooms; b. Area of living space; C. Type of construction; i d. Age; e. State of repair; f. But not excluding newly constructed housing. 3. Fair housing - open to all persons regardless of race, color, religion, sex, or national origin and consistent with the requirements of Title VIII of the Civil Rights Act of 1968. 4. In areas not generally less desirable than the dwelling to be acquired in regard to: a. Public utilities and municipal services; b. Public and commercial facilities. 5. Reasonably accessible to the -rel:ocatee's place of employment. 6. Adequate to accommodate the relocatee. 7. In' an equal or better neighborhood, and in an.area not sub- jected to unreasonable adverse environmental conditions. S. Available on the. market to the displaced person. 9. Within the financial means of the displaced family or individual. . G. Conventional Loan - means a mortgage _commonly given by banks, savings and loan associations to secure .advances on, or- the unpaid purchase price of. real property; payment of which is not. insured by any agency of the state or federal governments. H. Counted Room -. means the space in a dwelling unit containing the - usual quantity of. household furniture, equipment and personal . property. It shall include such space as a recreation- room, living room, study; library, dining room, kitchen, laundry room, basement, and garage. Rooms or storage areas which contain substantial amounts of personal property equivalent ta.=e or more rooms may be counted as additional rooms. I. Date of Initiation •of-Negotiations for the Parcel - means the date the Agency makes the first personal contact with the owner or his representative and furnishes him with a written offer to purchase the property. For purposes of establishing payment eligibility in the case 'of " rehabilitation, code enforcement and Owner Participation Agreement activities, "Initiation, of, Negotiations" shall mean the date on which a displacee -moves from a displacement site.= J. Director - means the .Executive Director of the Agency. K. Displaced Person or Relocatee - means any person who moves from real property, or who moves his personal -property- from real property, as a result-of the acquisition of such real property, in whole or in part, by a public entity or-by any person having an agreement with or acting on behalf of a public entity, or as .the . result of a written order from a public entity to vacate the real property, for -public use. This definition shall be construed so that persons displaced as a result of public -action-receive relocation benefits in cases 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 entity is otherwise empowered to acquire the property to carry out the public use. -2- where only a portion of the real property is taken, a person who occupied all or a portion of the remainder shall be considered ' a displaced person only if the acquisition or construction of the project made the displacement necessary. For purposes of eligibility for advisory assistance and moving expenses (excluding the In L}eu and Replacement Housing Payments) , a person is considered displaced if he receives a written notice from the Agency to vacate other real property on-which the person conducts a business. L. Dwelling - , means any. sii:;le-family house, a single-family unit (including a nonhousekeeping unit) in a multi-family building, a unit of a condominium or cooperative housing project, a mobile home, or any other residential unit- M. Economic Rent _ means the reasonable rental expectancy if the property were available for rent or lease; the rent or lease payment being .paid for comparable space as distinguished from contract rent or lease payment. N. Effective Rate of• Interest - means the annual percentage rate paid on the debt of a mortgage as .a result of including debt service charges in-the total interest- to -be paid on. the mortgage: debt, as an incident to the extension of -credit, when such .debt service charges are- normal to the market. 0- -' Eligible Person = means any displaced person who is lawfully en titled. to any relocation payment under state or federal regulations. P. Family - means two or more individuals, one of whom is the.head of a household, plus all other individuals regardless of blood or legal ties who live with and are considered a part of the famil unit_ Where two or more individuals occupy the same family dwell y dwelling with no identifiable head of a household, they shall be treated as one . family for replacement-housing payment purposes. Q. -Farm Operation - means any activity conducted solely or primarily for the production of one or more agricultural products .or commodities, including timber, for sale or home 'use and customarily producing such products or.--commodities in sufficient quantity to_ be capable of contributing materially to the operator's support. R. Gross Income - means projected annual income from all sources of each member of the family residing in the household .who is at least 18 years of age. S. Incidental Expenses - means reasonable expenses incurred for evidence of title, recording, fees, and other closing costs on the purchase of a replacement dwelling. T. Mobile *Home - means a structure, ,transportable in one or more sections, which is built:on a permanent chassis and designed to be used as a dwelling with'or without a permanent foundation,.wher_ connected to the required utilities, and includes the plumbing, heating, air. conditioning, and electrical s-ystems contained therein. A self-propelled vehicle is not a mobile- home. U. Monthly Gross Income - means the total monthly income of a family or individual irrespective of expenses and voluntary or involuntary deductions and includes; but is not limited to salaries, wages, tips, commissions, rents, royalties, dividends, interest, profits, pensions, and annuities. V. Mortgage - means such classes of liens as are commonly given to secure advances on, or the unpaid. purchase price of, real property, together with the credit instruments, if any, secured thereby. -3- w. 1•iovino Expense - means the cost of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting, unloading and reinstalling of personal property, including service charges in connection with effecting such reinstallations, and necessary temporary lodging and transportation of eligible persons. X. Nonprofit Organization - means a corporation, partnership, in- dividual or other public or private entity, engaged in a business, t professional or instructional activity on a nonprofit basis, necessitating fixtures, equipment, stock in trade, or other tangible property for the carrying on of the business, profession or institutional activity on the premises. • Y. Owner - person "owns a dwelling" if he: 1. Holds fee title, a•life estate, a 99-year lease, or a lease with not less than 50 years,to run from date of acquisition of the property for the project; 2. Holds an interest•*in a cooperative housing project which in cludes the rights'of occupancy of a dwelling unit therein; 3. Is the contract purchaser of any of the foregoing estates or interests; 4. Has a leasehold interest with an option to purchase; or 5. owns a mobile -unit which under State law is determined to be real property, not personal property. Z. ' Person - means any individual, partnership, corporation, or association. AA_ Personal Property - Tangible, Personal Property means tangible property which is situated on the real property vacated or to be vacated by -a displaced person and which is considered personal property and is noncompensable (other than for moving expenses) under the state law of eminent domain, and in the case of a tenant, fixtures.and equipment, and other property which may be characterized as real property under state or local law, but which the tenant may lawfully, -and at his election determines to, move and for which the tenant'-is not compensated in the real property acquisition_ In the case of an owner of .real property, the determination as to whether an item-of property is personal or real shall.depend upon how it is identified in the acquisition appraisals and the closing or settlement statement with respect to the real property acquisitions: provided, that no item of-property which is compensable under state- and'local taw7to the owner of real property in the real property acquisition may be treated as tangible personal property in computing actual direct losses of .tangible personal property. BB. Prepaid Expenses - means items paid -in a&vance by the seller of real property and prorated between such seller and the buyer of such real property at the close of escrow including, but not' limited to real property taxes, for insurance, homeowners' association dues and assessment payments. CC. Public Use - means a use .for which real property'may be acquired by eminent domain. . DD. .Purchases - (Replacement-Housing) - means: 1. The acquisition, construction or rehabilitation of_a d:,>elling, the purchase and rehabilitation of a substandard dwelling, the relocation or relocation .and rehabilitation of an existing dwelling, or the entering into a contract to purchase,. or for the construction of, a dwelling to be constructed on a site to be provided by a builder or developer or on a site which the displaced person owns or acquired for such purpose. -4- 2. mobile homes must be registered with the California Department of t•;otor Vehicles in the name of the claimant in order that they be considered as "purchased" replacement dwellings. III. ADMINISTRATIVE ORGANIZATION A. Responsible Agency The Redevelopment Agency is the- local public agency which is re- sponsible for the relocation of individuals, families,- businesses, and institutions that are displaced as a result of redevelopment project activities. . The gency may meet' its relocation respon- sibilities through qualified staff that will manage the complexities of providing relocation advisory assistance- Their services may th assistance from local realtors, social agencies, be supplemented wi and civic organizations.- B. Staffing The Agency's Executive Director shall be-responsible for developing and administering the Agency's program for relocation advisory assistance to .all occupants within the Grand Terrace Community Redevelopment Project that are required to move as a result of redevelopment activities. The Agency shall ensure that staff who are charged with the duties of .providing relocation implementation services are qualified and experienced in housing and urban development, relocation pro. cedures, social service programs, public housing and property management. The Agency"s relocation program shall be designed so as to maximize the use of other City departments, as appropriate, as well as other social service agencies which regularly provide counseling, referral', and specialized programs to those who qualify. Such relocation.program shal-1, to' the extent feasible;- be designed to encor.,yage relocation of families and persons into other neigh- borhoods in Palmdale without inter-feriing with the displacee's - -option to select a replacement house of his choice, whether .that choice is .within, or outside the City of Grand Terrace. C. Agency Staff,Functions _ The functions of the Agency's relocation staff shall include the following- . 1. Interpret the Agency's program to all site occupants and the general public -to enlist their understanding and support, and to answer questions about the redevelopment project and its effect upon project site occupants. 2. Determine the relocation needs and desires of all site occupants through personal interviews.and to keep each informed o.f their*::_,_ rights and responsibilities under the redevelopment program, . as we11 as to apprise them of the relocation resources, _special services, and aids to which-they are entitled._ 3. Enlist the cooperation of real estate agents, home builders, property management firms, social service agencies, civic groups and others in locating suitable relocation accommodations . for displacees and to provide other services deemed essential for the successful relocation of site occupants. 4. Locate, inspect and evaluate,. or stimulate the development of, housing facilities to meet the needs of -all site occupants and refer and otherwise assist site occupants to secure housing which they require.' 5. • Secure priority consideration for persons eligible for and desiring public housing or any other housing to which displacees appropriate steps as necessary to are entitled, and take other expedite their placement into such housing. 6. Advise and assist owners and site occupants in understanding and utilizing the "owner and tenant participation" opportunities provided for in the Redevelopment Plan and in the Rules Governing Participation and Reentry. -5- T. Assist prospective home buyers in obtaining appropriate mortgage financing and advise them of special F11A, VA and other financial aids available. . B. Make referrals to community social, welfare, and other similar agencies when -such referrals are deemed advisable and cooperate with these agencies on an individual basis to assist in the solution of specific problems affecting the relocation of individuals, or groups of relocatees. 9. Maintain liaison services between businesses, site occupants, .and commercial property brokers, realty boards, Chambers of Commerce, the small business Administration, the Economic Development Agency, lending institutions, and other appropriate resources for advice and assistance in.effecting the satisfactory relocation of site occupants. 10. Assist site occupants in preparing all claims for relocation payments to which they are entitled. 11. - Establish records, -maintain files, and provide ongoing reports to the"Erecutive Director on field relocation activities. 12. Coordinate relocation activities with other Agency operations. IV. REPLACEMENT HOUSING STANDARDS it is the Agency's objective that all residential' siteoccupants be rehoused, with a minimum of hardship, into accommodations that are decent, safe, sanitary, and suitable to their individual needs; located in areas not less desirable than housing which exists in the Project Area with respect to public utilities and public and commercial facilities, 'and are reasonably accessible to the -site occupants' places of employment;. and are. priced within their financial means. The . standards set forth below have been established by the Agency to achieve these. objectives. A. Standards for Dwellings A decent, safe, and sanitary dwelling is one which meets all of :-the_following minimum-requirements: 1.' Conforms with all applicable provisions for existing structures that have* been established, under state or local building, plumbing, electrical, ,housing and occupancy codes and similar ordinances-'or regulations. 2. Has a continuing and. adequate supply of potable safe water.. 3. Has a kitchen or-an area set aside for kitchen use which con- . tains a- sink in. good working condition.-and connected to hot- and cold water, and an adequate sewage system. A stove and refrigerator in-good operating condition shall be provided when required by -local code, ordinances or custom. When these facilities are- not so required by -local codes, ordinances or.custom, the-kitchen area or area set-aside for such use shall have utility service connections and adequate space for the installation.of such facilities. 4. Has an adequate heating system in good working order which will maintain a minimum temperature of 70 degrees in the living area, excluding bedrooms, under local outdoor tem- perature conditions.- A heating system will not be required in those geographical areas where such is not normally included in new housing. 5. . Has a bathroom, well-],ighted and ventilated and affording privacy to a person within it,- containing a lavatory basin and a bathtub or- stall shower, properly connected to an adequate supply of hot and cold running water, and a flush closet, all in good working order and properly connected to a sewage disposal system. -6- 6. Has an adequate and a safe wiring syste;n for lighting and other electrical services. 7. Is structurally sound, weathertight, in good repair and adequately maintained. ' 8. Each building used for dwelling purposes shall have a safe unobstructed means of exit leading to safe open t space at ground level. Each dwelling unit in a multi- dwelling building must have access either directly or through a common corridor to a 'aneans of exit to open space at ground l*cvel. In multi-dwelling buildings of three stories or more, the common corridor on each story must have at least two means of exit. 9. Has 150 square feet of habitable floor space for the first occupant in a standard living unit and "at lease 100 square feet of habitable floor space for each additional occupant. The floor space is to be subdivided into sufficient rooms to be adequate for the family. All rooms must be adequately ventilated_ Habitable floor space is defined as that space used for sleeping, living, cooking or dining purposes, and excludes such enclosed places as closets, pantries, bath or toilet rooms., service rooms, connecting corridors, laundries, and unfinished attics, foyers, storage spaces,. cellars, utility rooms and similar spaces. 10.- Every- bedroom shall contain not less -than 80 square feet of surface floor area and at lease one window opening to the outside. If more than two persons occupy the room, an additional 60 square -feet of floor area shall be required for each additional person_ - - .. B. Standards for Sleeping.Rooms (Nonhousekeeping Units) -- . ..A decent, safe and sanitary sleeping room-is one which includes the minimum requirements contained in Paragraph A, Subparagraphs 2, 4, 6, 7 -.and 6 of:-this section and the following: .1. At least 100_square -feet of habitable floor space for the' first: occupant- and 50 square feet of habitable floor space for each additional occupant. 2. Lavatory,-.bath and toilet facilities that provide privacy,' including.a:door that can be locked_ if. such facilities are separate:from: the. room. C. Standards for Mobile Homes A• decent, safe and sanitary mobile home is one which includes the minimum requirements contained in Paragraph A, Subparagraphs 2, 3, 4, 5, 6, 7, 8, and 9 of this section except that it may have 70 square feet of habitable floor space for each additional occupant and-the following: _ Bears the insignia of approval issued by the State of California, Department -of Housing and Community'Development, pursuant to the California Health and Safety Code, except those manufactured prior to September 1, 1958. D. Ability to Pay The Agency's relocation staff will give consideration to the • particular- financial situation of each family or individual and will seek the occupant's concurrence.-in the final determination of what he can afford to pay for housing. Every effort will be made to maintain the lowest possible housing cost-income ratio, which at the same time provides the relocatee with adequate housing. _ -7- • As a general rule, displacees should usually be able to pay gross monthly rentals based on the following monthly rentals based on the following criteria: 1. Families and individuals - 25% of gross income. -- 2. Displacees eligible for public housing - rents as established by a Housing Authority, which are graded to income. 3. Incomes, assets :.;-id debts are to be evaluated in de- termining the relative price which is approximately two and one-half times annual gross family income, combined-with monthly payments not exceeding 25% of gross monthly-income, will be considered as- being within the financial means of those contemplating home ownership. Disp.lacees may-voluntarily relocate to units exceeding these standards An-price, but such units may not be used as referrals by the Agency. E. Miscellaneous Additionally, units used for referral or feasibility purposes may not be located in areas subject 'to unreasonable environmental influences and must be available on a nondiscriminatory basis. F. Exceptions, Exceptions to housing standards may be granted in emergency or other unusual situations. Such exceptions will be limited to items and circumstances that are beyond the reasonable control of -the relocatee..- Exceptions .will- not be .granted for items which render the dwelling hazardous, unsafe or-unsanitary.- G. ' Environmental Standards , \J� It will be the Agency's policy to .refer families and individuals to housing in areas not less desirable in regard to public utilities and services; and commercial facilities, than presently- available in the Project Area... Furthermore, such housing shall, to the extent possible, be within a reasonable distance for daily commuting to the displacee's _place of employment. H. Temporary Housing -Standards Housing not-meeting the Agency's established' standards for permanent relocation -maybe used for temporary housing only- when it becomes necessary' to relocate a site occupant pending the availability of permanent quarters; to'facilitate commencement of demolition of site improvement operations; to vacate premises which are unsafe; and/or to effectuate reductions in overall.' redevelopment project costs.- In no event will the temporary housing offered by the relocation staff be of less desirable character than that from which the site occupant ,is =being moved; further, such temporary housing. shall be in a safe and habitable condition. Temporary relocations made by the Agency will be kept to a minimum both as to number and duration, and will not diminish the Agency's obligation with respect -to the displacee's permanent relocation. The necessary costs incurred in temporary on-site moves made at the direction of the Agency will be paid by the Agency. If a self-relocatee.moves into temporary housing and declines without satisfactory reason to accept standard housing to which he is referred; it will be considered that the Agency's res- ponsibility to the relocatee has been discharged. I. Obtaining Relocation Housing . The Agency will establish a working relationship with owners, operating managers, realtors, multiple listing bureaus, property management firms, and others offering a wide variety .of private standard housing for rent or sale. Based principally on this relationship, an ample supply of replacement housing will be made available in order to carry out the Agency's relocation program. \ The Agency will obtain, inspect, and maintain current listings of standard rental and sale properties which are appropriate for relocation and are aV:Ailable on a nondiscriminatory basis. Information on the size, rental or sale price, financing terms and location of available units will be given to displacees seeking referrals and, as necessary, the relocation staff may provide transportation or otherwise assist the site occupant in obtaining such housing. V. ASSURANCE OF RELOCATION RESOURCES Before actual displacement -is to occur, the Agency- will assure that, within areasonable period of time, there will be available comparable, decent, safe, and sanitary housing sufficient to meet the needs of dis- placees and available at prices they can afford. In order that the Agency make such assurance, it will, prior to any displacement, -undertake surveys of the needs of displacees and of the nature and extent of available standard housing suitable to meet the needs of those .families and individuals to be displaced. Adequacy of housing resources will be judged on-the basis of such ' factors as -vacancy rates, actual availability within applicable unit size and- price ranges, degree of choice available within the housing supply and relationship -of available units found to the needs of-dis- placeesas determined by occupancy surveys. The Agency will document a finding of adequacy of housing availability after-- completion of. the required surveys and upon demonstration that resources will be available at least sixty (60) days before displace- ment- occurs- No family or individual will be requ,ired .to move until or unless suitable replacement housing is available at a price they can afford; no family or individual will be required to move .unless or until at least three (3) such suitable units have been offered to the displacee '.and rejected by the displacee. - -VI: - -RELOCATI-ON -ADVISORY ASSISTANCE A. General The Agency will provide advisory assistance to all persons dis- placed or to be.-displaced as a result of acquisition by. the Agency of real .property-, to all persons displaced as a result of property rehabilitation or code. enforcement activities carried out by private persons in conformance with the adopted Redevelopment Plan, and to all persons who, because of the acquisition of real property used for a business or farm operation, are required to move their personal property from such other real property. In addition, relocation advisory assistance will be offered to any person-occupying real property immediately adjacent to property being acquired by the Agency, if the Director determines that such person has been caused substantial -economic injury as a result of the Agency's acquisition. The Agency's relocation assistance advisory program is designed to: 1. Fully inform displacees of the availability of relocation payments and assistance and the eligibility requirements. 2. Through personal interview, determine each person's need for relocation assistance. 3. Provide current information on the availability of comparable sales and rental housing and location of ccmparable cortmercial properties. _o_ 4. Assure that, within a reasonable period of time prior to dis- placement, there will be adequate replacement housing available for persons who are to be displaced. 5. Provide other advisory services, such as counseling and referrals, with regard to financial, employment, training, health, welfare, and other problem areas -in order to minimize the hardships of relocation. 1 6. Assist persons in completing required applications and forms. 7. Inform all persons who are expected to occupy agency property about rental and property management policies to be used in 'the project. 8. Insure adequate_ inspection of all relocation replacement housing. B. Informational .Material The Agency will distribute informational materials (see Appendix A) to every area occupant to be displaced or otherwise affected by the project. Written information will be given to each owner and occupant of property to be acquired at the time the Agency acquires the property. A notification that occupants -are eligible for re- location payments as of the date of the Agency's first offer to purchase the property shall be given to each occupant as soon as possible after the first offer has been made. Separate informational material (see Appendix B) will be made available to business concerns (including nonprofit organizations) and" farms, when appropriate. In addition to distributing written material, the Agency will conduct personal interviews and maintain personal contacts to. the maximum extent possible: Informational materials will be. written iri the language most easily understood by the. persons affected. Site occupants will be informed of pro- ­jest activities and timing through meetings and other means. C. ' Listings, Referrals, and Assistance in Obtaining Housing. 1. -Listings - '.The Agency -will provide information to residents on the -availability, prices, and rental rates of comparable, decent, safe, "and sanitary housing. The Agency will provide residents 'to be 'displaced -with listings of available dwelling units of appropriate size to meet their needs, and which are within their financial ability to pay. Listings will be available in accordance with Federal Fair Housing Law (Title =-VIII of the Civil Rights Act of 1968) and other- applicable fair housing laws. Listings will be maintained on a con- tinuing basis as derived from frequent reviews of newspaper ads, street searches, contacts with owners, brokers, managers and agents. 2. Referrals Relocation housing will be inspected prior to being provided as a referral to assure that it meets replacement housing standards. Units to be referred may not be in a neighborhood slated for govern,-mental action unless that ,action is rolated to rehabilitation amenities. In no .case will referrals be made• to housing from which it is reasonably anticipated that the family -or individual may again be displaced. In making re- ferrals, the Agency shall give consideration to the proximity of the housing to' the displacees' employment or potential em- ployment, including proximity to public transportation and other public facilities essential to successful adjustment. The Agency shall refer all. interested persons to local housing authorities and- sponsors of assisted housing. When appro- priate, staff will assist in filling out appropriate appli- cations for occupancy. -10- - 3. Assistance in Obtaining Housing Families and individuals are encouraged to tell the Agency of problems experienced in obtaining housing or other accommodations. It is the obligation of the Agency to assist in resolving these problems. The Agency has the responsibility to provide prompt information on the availability of housing l` and to assist displacees in obtaining the units of their choice. The Agency shall provide assistance to prospective homeowners in the form of obtaining mortgage financing, including helping .in the preparation ar.d submission of purchase offers, obtaining credit reports; and verifying employment, and making any other arrangements with lending institutions to facilitate the ob- taining of loans, particularly for minority-group and low-income families and individuals. D. Social Services All families and individuals will be provided with access to needed social services and counseling in order to minimize hardships involved- in-the relocation process. E: . Assistance to Business Concerns, Nonprofit Organizations and Farm Operations The Agency will provide-relocation advisory assistance to all business concerns, non-profit organizations, and farm operations to"be displaced by a project_. The Agency will also provide advisory. services and assistance to any business concern or non-profit organization occupying. property which is immediately adjacent to: (1) the Project Area; or (2) any -real property acquired, when the business is determined to have suffered substantial economic injury as a result of project activities. Among the services which .the Agency will provide to business concerns, non-profit organizations and farm operations are the following: 1. Consultations, �• The'Agency'will consult with the owner or operator to determine the need for relocation assistance and nature of replacement site requirements. The consultation will include discussions of such items. as space, traffic patterns, market and other requirements, and- the total number of employees. 2. Current Information on Relocation Sites The Agency will provide current information on the availability, costs, and square footage of comparable locations and make re- ferrals to"real-estate brokers who may be able to assist in obtaining suitable accommodations. In making referrals, and. providing information, the Agency will provide maximum assistance but avoid involvement in the business operation. itself. .3. Economic Information The Agency will provide information relative to property .. Values., growth potentials and economic information which may assist'in enabling the business to make informed decisions relative to relocation. 4. Referrals to. SBA Where appropriate, business concerns will be referred to the Small Business Administration (SBA) for managerial, financial and technical assistance: F. Eaual Opportunity In carrying out relocation, the Agency shall take affirmative steps in providing displaced families and individuals maximum opportunities in selecting housing. The following are affirmative actions that the Agency may take: -11- 1. Tdake full use of gov-ernment housing programs and normal real estate management and brokerage services. 2. Inform members of minority groups of the opportunities in neighborhoods and provide :services necessary to familarize them with those neighborhoods. 3. Provide escort services to real estate offices in all neighborhoods. 4. Cooperate with all fair housing groups interested in equal ' opportunities in housing. G. Self-Relocation and Inspections The Agency will make every effort to inspect the 'dwellings of self-relocated families and individuals prior to their move. When displacees move without notifying the Agency, every reason- able effort will be made to locate the displacee and inspect the replacement dwelling. Upon inspection, if a dwelling is found to be substandard, the Agency must offer assistance in securing standard accommodations; Should the family or individual decline a minimum of three (3) .offers of standard dwelling units and its present dwelling unit does not meet standard housing criteria, the Agency shall. notify the displacee -in writing of his in- eligibility for replacement housing payments. H. Relocation Records The Agency will maintain a relocation record, beginning with the information obtained during the first interview, to assess relocation needs. ' A' separate record shall be prepared for each family, each individual maintaining a unit, each business concern, . nonprofit organization, -and farm operation. The record shall contain all data relating .to dates and types of services •grovided, the type and amount--'of.-relocation payments made, and the location to which those displaced relocated, including a description of .the accommodation-- I. Agency Evaluation'.:. :. The Agency will. periodically evaluate the relocation program to determine its. ef f ectiveness in assisting. persons affected by" its ,projects and its. conformance to provisions of state and _federal laws. • Both the quality and quantity of services provided will be considered_ :- - VII. RELOCATION PAYMENTS 7'he Agency will make .relocation payments to all eligible families individuals, businesses- and -institutions displaced by project activities in accordance with the regulations governing relocation payments as established by the 'State of California_ An informational statement.-.(see Appendices A and B) will notify the site occupant-of his- eligibility for relocation payments and generally instruct him on -procedures for filing claims_ Complete rules and re- gulations will be carefully explained individually to each site occupant and copies of all instructions given to him. Site occupants may consult with Agency staff .whenever problems arise, and through recurring vi=;its, Agency staff will attempt to anticipate problems and plausible solutions. A. Qualifications and Conditions for Payments The Agency will pay reasonable and necessary moving expenses and/or storage costs;- actual direct loss of personal property for which reimbursement or compensation is not otherwise made by the Agency (through purchase, etc.) ; or a combination of both. Under certain circumstances, some families and individuals may qualify for replacement housing payments, and certain businesses may be eligible for an alternate payment in lieu of moving expenses and certain other expenses. Former owners will be reimbursed for certain settlement costs and related charges incurred 'in the sale of property to the Agency. -12- e Eligibility for payments will be based upon the provisions of pertinent sections of: the State of California Government Code and Relocation Rules and Regulations as adopted by the Agency. B. Restrictions on Payment of Relocation Claim Site occupants who fail to pay rent or who remove, without authorization, fixtures or other items purchased by the Agency, may forfeit their right to all or a portion of the relocation pa}anent. C. Time for Filing Claims I All claims for relocation payments or business displacement pay- ments must be submitted to the Agency within six C6) months after the displacement of the claimant, except that a claim for a re- placement housing payment for a homeowner must be 'submitted within eighteen (.18) months after the displacemerit:of the owner.- D. Payment Amounts Eligible families' and individuals will be given the option to claim: (1) reimbursement of their actual- and reasonable moving expenses and/or eligible storage costs, or C2) a. moving expense allowance not to exceed $300 based on a schedule related to the number of rooms occupied; and a dislocation.allowance 'of• $200. In addition, homeowner s 'may .be 'entitled to receive 'a replacement housing payment up to and not to exceed $15,000 when purchasing a replacement dwelling .and tenants, including such.'tenants electing to purchase, and owners electing to rent a replacement dwelling may be entitled.to receive a payment up to and not to exceed $4,000 toward the rental or purchase 'of a comparable re.placemenit dwelling. Eligible business concerns and institutions will be reimbursed for: (1) actual and reasonable moving- costs; and (2) any actual direct loss of personal property; or in lieu thereof, certain businesses may elect to. receive an alternate payment of not less than $2,500,• nor more than• $10,000 equivalent to the average annual net earnings of-the business and based upon such earnings for-the two taxable years, immediately preceedingthe year of displacement_ No. temporary on-site moves made for the- convenience of the Agency will be chargeable to ­a. site occupant's allowable relocation . - payment- E. Filing Claims .. 1. All claims for relocation payments must be submitted on forms which will be provided- by the Agency_ 2. Special Conditions for Business Concerns a. A business concern must give the Agency at- least thirty (30) days, but not more than ninety (90) days, written notice of its intention to move -and must permit the Agency, at all reasonable times, to inspect -the personal property to be moved. b. Claims for relocation payments must be supported by three bids of moving expenses from reputable moving firms and, to the extent required, other contractors. A relocation payment covering moving expenses may not exceed the lowest bid. If a business concern estimates that its moving expenses will be $500 or'less, bids will not be required; however, the maximum payment in such cases will be $500. c_ Self-moves for businesses will be allowed. F. Documenting Claims A claim must be supported by the following: 1. I.f for moving. expenses, c-xcept in the case of a fixed payment, an itemized receipted bill or other evidence of expense. 2. If for actual direct loss of personal property, written evidence thereof, which may include appraisals, certified prices, copies of bills of sz'ie, receipts, cancelled checks, copies of advertisements, offers to sell, auction records, and such other•records as may be appropriate to support the claim. 3. Documentation may be' required by the Agency;" and may include income tax returns, withholding or informational statements, and proof of age'. All claim papers and related evidence will become permanent records in the Agency's files. The reason for disallowing any portion of a claim will be' stated in writing to the claimant. •VIII. ASSISTANCE TO BUSINESSES AND OTHERS A. Individuals All services to be offered displaced families will be equally avail- able to individuals -occupying separate housekeeping or nonhouse- keeping accommodations. B. Others The Agency will cooperate fully with an owner of any property in the - Project Area which is not proposed to-be acquired by the Agency but which must be vacated -in order for the owner to participate in the• redevelopment -.program- -If he and/or his tenants are so vacated, then all of the ..Agency's relocation services will be offered to.them. C. Businesses- and -Institutions Businesses and institutional site occupants will be personally inter- viewed to determine their relocation needs and' preferences, pro- vided general.and :special :informational material, assisted in pre- paring relocation-claims, .helped in finding other suitable locations within or outside the Project Area, and referred to other groups or agencies for assistance -in completing a satisfactory relocation. As the situation.requires, .the .relocation staff will refer these- site-occupants to, and maintain liaison between, the Small Business Administration, the,-Economic Development Agency, trade associations, Chambers of Commerce, lending institutions, real estate agencies, brokers,- and multiple listing realty boards in order that they may be assisted on a nondiscriminatory basis in obtaining suitable relocation premises, financial help, and guidance in reestablishing _ their operations. The office of the Small Business Administration and of .the Economic Development Agency -will be made aware of the project and will work" closely with the Agency and commercial site occupants in extending their assistance. Information about these two agencies will be available from the relocation staff, and referrals to them and to others who can assist commercial displacees will be made with the same consistency and comprehensiveness as referrals of residents to social service agencies. As'required or necessary, the Agency will provide special staff and consulting services to effectively assist this group in carrying out their goals. IX. NOTICES TO VACATE A. General Policy No person lawfully occupying real property acquired by the Agency shall• be required to move from a dwelling or to move his business or farm without at least ninety (90) days' notice in writing, either hand delivered or mailed by certified mail, return receipt requested, except in unusual emergency situations or where the public health and safety require immed-date possession. No person shall. be required to vaci'=e a dwelling unless comparable decent, safe, and sanitary replacement housing is available, except in public health and safety emergencies. All notices shall be given in accordance with the law. X. GRIEVANCE PROCEDURES Displacees will be informed by'Agency staff of their right to appeal regarding relocation decisions that are made. Any person aggrieved by a determination as to -eligibility for, or the amount of a relocation payment, may have his claim reviewed in the following manner: A. Request for Review by Claimant •Such .persoh- shall request in writing that the Director, or his designee', review the matter ,with the person making the request. The Director shall notify-such person in writing of his decision after reviewing and considering- all reasonably available evidence. B. Review by 'Director After review of the matter by the Director or his designee, and receipt of his decision, or in the event such person. has not received notification of 'the Director'-s -decision within thirty . days after filing the initial request for review; the person may file- his complaint in-writing with the Agency's Relocation Appeals Board, which will be -designated by the Agency_ Such Relocation Appeals Board will promptly hear all such complaints pursuant to the_provisionsof .the•relocation program providing. for relocation assistance and administration of claims as outlined in this Method and Plan. The Board -shall, after a public hearing on the matter; transmit its 'findings and recommendations to the Agency. C. _ Public Hearing by Appeals Board After a public.. hearing by the Relocation- Appeals Board, and receipt of its findings and recommendations, the Agency shall conduct a hearing on the aggrieved person's complaint and shall give such person at .least five days', written notice prior to the hearing on the matter. The aggrieved person shall be .notified in writing of the decision of the Agency within five days -after such decision,and the basis for such* decision. - The decision transmitted by the Agency shall represent the final decision of the Agency. XI. ADDITIONAL RELOCATION REQUIREMENTS State law and regulations do not prescribe relocation assistance and benefit requirements that exceed -those provided for herein; however, the Agency shall follow and comply with all such requirements pre- scribed. i j -