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HomeMy WebLinkAboutR28-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel Executive Director SUBJECT: TIPPECANOE RETAIL PROJECT -- RELOCATION PLAN; REDEVELOPMENT FINANCING AND COOPERATION GRANT AGREEMENT; AND RELOCATION CONSULTING CONTRACT DATE: July 10, 2001 C <" ,'. f II '~L . . . "".~ . I .' Ii Svnopsis of Previous Commission/Council/Committee Aclion(s): On July 12, 1999, the Community Development Commission approved a Cooperation Agreement with the lnland Valley Development Agency. On July 22, 1999, the RDA Committee authorized staff to give property owners in the study area notice of owner participation opportunities. (Svnopsis Continned to Next Pa!!e...) Recommended Motion(s): OPEN PUBLIC HEARING CLOSE PUBLIC HEARING (Community Development Commission) MOTION A: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING A RELOCATION PLAN FOR THE HUB PROJECT. MOTION B: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR RELOCATION SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND P ACIFlC RELOCATION CONSULTANTS (HUB PROJECT) Contact Person(s): Gary Van Osdel/John Hoeger Project Area(s) IVDA Phone: 663-1044 ~ ene-t+rn I'ee (]) Ward(s): Supporting Data Attached: 1Rl Staff Report 1Rl Resolution(s) lRlAgreement(s)/Contract(s) 0 Map(s) 0 Letter/Memo FUNDING REQUIREMENTS Amount: $ 1,266,000 Source: See attached staff report Requested SIGNATURE: Commission/Council Notes: 2f - ./U./l.,v 4J C/J2) ~ 1- CJ 51 8_:~_~Q..fLC:j;:)f,;r;,J3z..':Lmm__m_m_m_____m__________________________________________________________________________ GVO:JBH:lag:07-23-01 Tippecanoe COMMISSION MEETING AGENDA Meeting Date: 07/23/2000 Agenda Item Nnmber: ./J.U Request for Commission/Council Action Tippecanoe Retail Project July 16,2001 Page Number -2- -------------------------------------------------------------------------------------------------------------------------- Svnopsis of Previous Commission/Council/Committee Action (Continued): On November 1, 1999, the Commission adopted Resolution No. 1999-41 authorizing execution of a Redevelopment Planning and Participation Agreement with the PearlmanlHopkins development team. On May 15, 2000, the Commission adopted Resolution No. 2000-11 authorizing execution of Amendment No. 1 to the Redevelopment Planning and Participation Agreement with PearlmanlHopkins. In addition, the Commission authorized contracts with LSA Associates for environmental services and traffic studies. On May 21,2001, the Community Development Commission and/or the Common Council approved the Disposition and Development Agreement between the Redevelopment Agency and SBT Partners, LLC., the EIR and the Harriman Place Improvement Project Acquisition, Construction and Financing Agreement, authorized an application for California Infrastructure and Economic Development Bank financing, and held the first reading of the Development Code and General Plan Amendments. On June 18, 2001, the Community Development Commission approved a Real Estate Acquisition Services Agreement between the Redevelopment Agency and Cutler & Associates, Inc. GVO:JBH:lag:07-23-01 Tippecanoe COMMISSION MEETING AGENDA Meeting Date: 07123/2000 Agenda Item Nnmber: I(~ ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- TIPPECANOE RETAIL PROJECT Relocation Plan Redevelopment Financinl! and Cooperation Grant Al!reement: Al!reement For Relocation Services BACKGROUND Creating the HUB retail center requires the Redevelopment Agency to assemble the property and relocate existing occupants to comparable residences. Relocation benefits for occupants will be a substantial portion of the total Agency costs for this project. The attached proposed Relocation Plan estimates that Phase I, alone, will cost $1,128,897 for direct benefits. In a related matter, relocation services are required to complete the Agency's role in the acquisition and delivery of the assembled property to the developer. The attached professional services agreement will provide for specialized consulting services from Pacific Relocation Services, a recognized expert firm dealing with relocation issues CURRENT ISSUE Relocation Plan. The attached Relocation Plan set forth a relocation needs assessment of occupants who will be displaced as a result of Phase I of the HUB project. As required, it also contains an assessment of the replacement housing opportunities that are in the City and in surrounding areas. Finally the Plan sets forth the procedures that the Agency will follow to meet the needs of displaced occupants and to ensure compliance with state and federal law. To give effective notice, this Plan has been circulated to the public for the last 30 days. It has been hand delivered to each residential unit in the project (both Phase I and Phase II). It has also been advertised in the San Bernardino County Sun newspaper. No written or oral comments were received. The plan has been reviewed by staff to see that it is feasible; that it complies with applicable environmental standards; and, that it is compatible with the General Plan of the City of San Bemardino. Under the Plan, Pacific Relocation Consultants will work directly with each household to determine its needs and preferences regarding replacement accommodations. The printed brochure attached to the Plan will be given to all occupants and the options will be explained by Pacific Relocation. Comparable housing referrals will be developed for each displaced household. Moving costs and rental assistance of up to $5,250 are available to each qualifying tenant. Moving costs, purchase price differentials, mortgage price differentials, and incidental expenses up to $22,500 are available for qualifying households. In addition tenant occupants may qualify for Last Resort Housing Payments pursuant to the requirements of federal law and depending upon household income. GVO:JBH:lag:07-23-0l Tippecanoe COMMISSION MEETING AGENDA Meeting Date: 07/23/2000 Agenda Item Number: /J..J..t Economic Development Agency Staff Report Tippecanoe Retail Project July 16, 2001 Page Number -2- Relocation benefits are estimated to total $1,128,897 for Phase I. A new plan will be required for Phase II because adopted plans are only valid for one year. Agreement For Relocation Services (Pacific Relocation Consultants). The attached professional services contract is for consulting services in connection with the relocation of existing occupants in the HUB project. Pacific Relocation Services is recognized as expert in the specialized field of relocation services. A complex set of State and Federal laws must be followed and documented for each occupant in the project. Pacific Relocation Service's fee of $115,000 is the estimated cost of consulting time required for Phase I of the HUB project. Specific activities and work products will include the following matters for each occupant (many properties have more than one family unit) in Phase I: Interviews, analysis and documentation of each household's rights to relocation payments based upon family earnings, size, and specific situation Counseling, referrals, and coordination with community service resources. Assistance in locating suitable relocation property Assistance with escrow requirements Assistance with moving arrangements FISCAL IMP ACT The anticipated cost of the Relocation Plan is estimated at $1,128,897 including a 10% contingency. The actual amount will depend upon individual circumstances of tenured occupants at the time offers-to-purchase are issued. This amount is an Agency cost in the HUB project that will be funded primarily from federal HOME and Agency Lo/Mod funds. The Professional Services Contract is expected to cost $125,000. Adding a 10% contingency creates a total allocation of $137,500. This amount is an Agency cost in the HUB project to be funded from general sources. Added together and rounded off, these estimates result in a budget forecast of $1 ,266,000 for the relocation costs of Phase I of the HUB project. RECOMMENDATION Staff7eZds ad tion ofthe attached Resolutions. ~(#; L/ d: /Va Osdel I Execut ve DIrector GYO:JBH:lag:07-23-01 Tippecanoe COMMISSION MEETING AGENDA Meeting Date: 07/23/2000 Agenda Item Nnmber: ~ NOTICE OF PUBLIC HEARING OF THE COMMUNITY DEVEWPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE APPROVAL OF A RESIDENTIAL OCCUPANT RELOCATION PLAN FOR THE HUB PROJECT (Tippecanoe Ave at 1-215) PLEASE TAKE NOTICE that the Community Development Comnission of the City of San Bernardino, California (the "Comnission'') will cooducta public hearing at 2:00 p.m on July 23, 2001, inthe City Council ChaInbEn at City Hall, 300 North '1)" Street, San Bernardino, California 92418, or as soon thereafter as may be practicable. At. the public hearing, the Commission shall receive evidence and testimony and consider the approval of a proposed Residential Occupant Relocation Plan (the "Plan"). The Plan relates to the relocation ofresidmtial households as part ofa redevelopment project that theRedeveloplIBlt Agency of the City of San Bernardino (the "Agmcy'') calls the "HUB Project". NOTICE IS FURTHER GIVEN that any and all persons are invited to appear before the Commission and present evidence and/or testimony concerning the Plan at the time, date and place set forth above. The public hearing will be condllrtM pursuant to the provisions of Title 25 California Code of Regu1ations Section 6038. The Plan is a project specific relocation plan for the proposed develuplIBlt ofPhase I of the HUB Project (the "Property''). The Property is gmeraIIy located on the northMSt corner of the I-I 0 Freeway and Tippecanoe AValue (to the south of Hospitality Lane) in the City ofSanBernardino. It includes parcels located on either side of Rosewood Drive and Laurelwood Drive between Tippecanoe Avenue on the east and Harriman Place on the 1MSt. Development of the Property includes the acquisition of35 parcels ofland \Wirh are improved with 63 dwelling units and one business. At. the current time, the 63 residential dweI1ing units include 3 owner- occupants. 55 tenanthousel1olds and 5 vacant units. SincetheHUBProject will result in ~ residenlial displaceumt, the Agency is required to adopt a specific relocation plan that addresses the ar(;UlmtanceS and needs of affected housel1oIds. Copies of the proposed Plan are on file with the Agency Secretary and are available for inspection by int<<ested persons duringnormaI business hours at the office of the Agency S"",etary at 201 North "E" Street, Suite 301, San Bernardino, California 92401. Interested pelSons may contact Mr. Jolm HoegEI", Redevelopment Project Manag\'r for the Redevelup11lent Agency of the City of San Bernardino, (909) 663-1044, during regular business hours for further information regarding the Plan, and the public hearing as described above. Notice is hereby given this 15th Day of June, 2001. Staff Report - continued The project scope was expanded to include reconstruction of accessibility ramps and additional pavement rehabilitation. The budget transfer in the amount of $13,800 from Account Number 129-367-5504-7202 (Disabled Access Ramps - Various Locations) is necessary to fully fund this project with the access ramps. Recommendation: Adopt Resolution 3 C 2 3 4 5 6 7 8 9 10 11 12 C 13 14 - "- 25 ~0.5'0/7 ~\c:::YU U RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING A RELOCATION PLAN FOR THE HUB PROJECT WHEREAS, an area of the City of San Bernardino (the "City") generally situated alon the west side of Tippecanoe Avenue to the north of the right-of-way of the Interstate 10 Freewa referred to as the "HUB Project Site" is within the redevelopment project area of the Inlan Valley Development Agency, a joint powers authority formed pursuant to Health and Safet Code Sections 33492.10 et seq., for the purpose of assisting in the conversion and civilian reus of the former Norton Air Force Base and other lands situated in the City; and 15 WHEREAS, the Inland Valley Development Agency, the City and the Redevelopmen Agency of the City of San Bemardino (the "Agency") entered into an agreement entitled "199 Redevelopment Cooperation Agreement" dated as of July 12, 1999 (the "Redevelopmen Cooperation Agreement"), pursuant to which the Inland Valley Development Agency granted th Agency the right, power and authority to act for and on behalf of the Inland Valley Developmen Agency for the purposes of exercising the redevelopment powers of the Inland Valle 16 Development Agency; and 17 WHEREAS, the HUB Project Site contains residential and commercial develope properties, and the Agency initiated certain studies and proposals to address a number of issue of community concern on the HUB Project Site relatin~ to blight and conditions associated wit obsolete commercial design, deferred maintenance, traffic circulation 18 19 20 commercial-residential neighborhood property use and community design in an effort t eliminate and prevent the spread of blight from the HUB Project Site; and WHEREAS, the Agency approved a Disposition and Development Agreement, dated a of May 21, 2001, with SBT Partners, LLC, regarding redevelopment of the HUB Project Sit (the "DDA"); and 21 22 23 24 WHEREAS, under the DDA, the Agency should exert its best efforts in cooperation wit the Inland Valley Development Agency to acquire thirty-five (35) improved parcels containin -1- f<-jf rf//I"1I.., c 10 11 12 C 13 14 15 16 17 18 sixty-three (63) residential units and one (1) business by December 2001 together with othe vacant property; and WHEREAS, a Relocation Plan addressing the circumstances and needs of affecte households is required under the provisions of the California Health and Safety Code, Section 33411 and 33411.1, and of the state guidelines in Government Code Section 7260 et. Seq. and i Title 25 Chapter 6, of the California Code of Regulations; and WHEREAS, the Agency wishes to comply with the applicable federal rules found in th HOD Handbook 1378 and to provide benefits as described under Section 104(d) of the Housin and Community Development Act of 1974; and WHEREAS, the Agency circulated a draft residential occupant relocation plan entitle THE HUB PROJECT RELOCATION PLAN (the "Relocation Plan") on June 15,2001, and ha advertised a public hearing to consider the approval thereof. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY TH COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO CALIFORNIA, AS FOLLOWS: Section 1. On July 23, 2001, the Community Development Commission of the Cit of San Bernardino (the "Commission") as the goveming board of the Agency, conducted a ful and fair public hearing and considered the written Agency staff report and the testimon submitted relating to the circulated draft Relocation Plan. 19 Section 2. The Commission hereby approves and adopts the Relocation Plan in the fo 20 attached hereto as Exhibit "A" and declares that said Relocation Plan shall serve to guid 2 3 4 5 6 7 8 9 21 residential occupant relocation activities in connection with the acquisition of the property by th 22 Redevelopment Agency using available Agency funds together with such City CDBG fund 23 including City HOME Program funds as shall be provided to the Agency from the City and fo 24 such acquisitions as may be undertaken by the IVDA in cooperation with and at the request 0 C 25 the Agency. -2- c 1 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING A RELOCATION PLAN FOR THE HUB PROJECT 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 4 Development Commission of the City of San Bernardino at a meeting 5 thereof, held on the c 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 By: 25 26 ...- 27 ........ 28 day of ,2001, by the following vote to wit: COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN McGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK Secretary The foregoing Resolution is hereby approved this day of , 2001. JUDITH V ALLES, Chairperson Community Development Commission of the City of San Bernardino -3- c C 13 14 15 16 17 18 19 20 21 22 23 24 25 26 c 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss 2 CITY OF SAN BERNARDINO ) 3 I, Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of 4 Community Development Commission ofthe City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of 6 the Community Development Commission of the City of San Bernardino this day of ,2001. 7 8 9 10 11 12 Secretary of the Community Development Commission ofthe City of San Bernardino 27 28 t...... '-' THE HUB PROJECT RELOCA TION PLAN c Prepared For THE CITY OF SAN BERNARDINO 201 N. "E" STREET, SUITE 301 SAN BERNARDINO, CALIfORNIA 92401-1507 By PACIFIC RELOCATION CONSULTANTS 100 WEST BROADWAY, SUITE 300 LONG BEACH, CALIFORNIA 90802-4432 (800) 400-7356 info@pacrelo.com ,- '- April, 2001 c TABLE OF CONTENTS ,y INTRODUCTION........................................................ 1 I. PROJECT DESCRIPTION AND LOCATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A. REGIONAL LOCATION AND SPECIFIC PROJECT SITE DESCRIPTION .3 B. PROJECT DESCRIPTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS. . . . . . . . . 5 II. ASSESSMENT OF RELOCATION NEEDS .............................. 6 A. METHODOLOGy............................................. 6 B. FIELD SURVEY DATA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 III. RESIDENTIAL RELOCATION RESOURCES ............................9 A. METHODOLOGY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8. REPLACEMENT HOUSING AVAILABILITY ........................ 9 1. Rental Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. For Sale Housing ..................................... 10 C. RELATED ISSUES .......................................... 10 1. Concurrent Residential Displacement. . . . . . . . . . . . . . . . . . . . . . . 10 2. Temporary Housing .................................... 10 c IV. THE RELOCATION PROGRAM...................................... 11 A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES ........ '11 B. CITIZEN PARTiCiPATION..................................... 12 C. RELOCATION ADVISORY ASSiSTANCE......................... 13 D. RELOCATION BENEFITS..................................... 15 1. Residential Moving Expense Payments. . . . . . . . . . . . . . . . . . . . . 16 2. Rental Assistance To Tenants Who Re-Rent . . . . . . . . . . . . . . . . . 17 3. Down payment Assistance To Tenants Who Purchase ......... 19 4. Payments to Owner-Occupants ........................... 19 5. Payments To Non-Tenured Residential Tenants .............. 20 E. GENERAL INFORMATION ON RELOCATION BENEFITS............ 21 F. LAST RESORT HOUSING .................................... 22 G. RELOCATION TAX CONSEQUENCES........................... 23 H. LAWFUL PRESENCE REQUIREMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . 23 I. GRIEVANCE PROCEDURES .................................. 24 J. EVICTION POLICY .......................................... 24 K. PROJECTED DATES OF DiSPLACEMENT....................... 25 L. ESTIMATED RELOCATION COSTS............................. 26 c .C LIST OF TABLES TABLE 1: Project Area Housing - Dwelling Bedroom Sizes........................ 6 TABLE 2: Project Area Rents ............................................... 7 TABLE 3: Household Size Distribution ........................................ 7 TABLE 4: Replacement Housing Needs - Owners ............................... 8 TABLE 5: Rental Resources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 TABLE 6: Fixed Moving Payment Schedule ................................... 17 TABLE 7: Computation of Rental Assistance Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . 18 TABLE 8: Computation of Rental Assistance Payment - Section 104(d) . . . . . . . . . . . . . . 18 LIST OF EXHIBITS'Il~ ., EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: San Bernardino (City) Census Data HUD Annual Income Limitations - San Bernardino County (2000) Residential Informational Brochures (English, Spanish & RARAP) Addendum NO.1 (Subject to Public Comment) c c c INTRODUCTION ~v: , The RedevelopmentAgency ofthe City of San Bernardino (the "Agency") in conjunction with Pearlman/Hopkins Development is proposing a commercial development within the Inland Valley Development Agency Redevelopment Project Area located in the southeastern section of the city of San Bernardino (the"Project"). The Project will be developed in two phases. This document applies to Phase I of the Project. The Project, which is intended to be completed by June 2002, requires the acquisition of 35 parcels of land improved with 63 residential dwelling units and 1 business. At the current time, the 63 residential dwelling units include 3 owners-occupants, 55 tenant households and 5 vacant units. Since the Project will result in permanent residential displacement, the Agency is required to adopt a project spocific relocation plan that addresses the circumstances and needs of affected households. c Funding for the Project will include both HOME and local set-aside funds. As a consequence, state and federal relocation rules will be observed for the Project. The state rules are found in Government Code Section 7260 et. Seq. and in Title 25 Chapter 6, of the California Code of Regulations (the "State guidelines"). The applicable federal rules are found in HUD Handbook 1378 (the "Federal guidelines"). Residential displacees from this Project are eligible to receive benefits under Section 104(d) of Housing and Community Development Act of 1974. The Relocation Plan (the "Plan") that follows adheres to the provisions of the California Health and Safety Code, Sections 33411 and 33411.1, and the requirements of Section 6038 of the state guidelines. The Plan is organized in four sections which address the following issues 1. A general description of the Project and its location (SECTION I); 2. A relocation needs assessment of those persons who will be displaced as a result of the Project. (SECTION II); c PAGE I PACIFIC RELOCATION CONSULTANTS c RELOCATION PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA 3. An assessment of replacement housing opportunities within the city of San Bernardino and the nearby surrounding communities (SECTION III); and 4. The steps and procedures that the Agency will follow to meet displacee needs and ensure compliance with state and federal law. (SECTION IV). c ,,- ~ P ACIFlC RELOCATION CONSULTANTS PAGE 2 c I. PROJECT DESCRIPTION AND LOCATION A. REGIONAL LOCATION AND SPECIFIC PROJECT SITE DESCRIPTION The City of San Bernardino is located in the County of San Bernardino. The Project is located at the northwest corner of the Tippecanoe Avenue 11-10 Interchange. The Project is bounded by Orchard Drive on the West; 1-10 on the South; Tippecanoe Avenue on the East; and both sides of Laurelwood Drive on the North. The City of San, Bernardino is 13 miles from Riverside and 59 miles from Los Angeles. The 1-10 freeway and the city of Lorna Linda are adjacent to the south boundary of the Project. The City of San Bernardino is bounded by Colton to the West and the cities of Redlands and Highland on the east. c Figure 1: Regional Project Location "- PACIFIC RELOCATION CONSULTANTS PAGE 3 c RELOCATION PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA B. PROJECT DESCRIPTION - i."...- Implementation of the Project will result in the development of approximately 268,600 square feet of commercial space on 24.5 acres, within the CR-3 (Commercial Regional- Tri-City) Land Use District. Phase I will consist ofthe development of 17.57 acres and will include all the land south of the Harriman Place extension and five parcels at the northwest corner of Tippecanoe Avenue and Harriman Place. The gross square footage of Phase I buildings will be approximately 198,600 square feet, including a 130,400 square foot warehouse discount center with an unattended gas station, a 45,000 square foot general retail building and two pad buildings measuring from 5,000 to 10,000 square feet each. ! r '.';'''"'-'''''~ ',,"0 i!IL '" L.. 'i i i .............. ~=-:-::~--~-=:=j ''''_'.='''.c_'".u.'''" "~'~STON"" ! , ,. . . ~ .. II "'.~L...o.... / ...~:!; Figure 2: Project Site Location '- PACIFIC RELOCATJONCONSULTANTS PAGE 4 c RELOCATION PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS The 2000 U.S. Census ("Census") (See Exhibit A) reported a population of the City of San Bernardino to be 185,401. The ethnic mix was identified as 48 % 'Hispanic' or 'Latino'; 29% 'White'; 16 % 'African American'; 4% 'Asian'; 3% 'Other'. The census tract population of the project area is 6,800. The breakdown by ethnicity is; 2,684 Hispanic; 1,631 White; 1,510 Asian; 565 African American. c The 1990 Census indicated a total of 58,804 housing units. Of these, 28,468 or 48% were identified as owner-occupied. The same census data indicated median household income of $28,843. The most recent HUD Income Report for San Bernardino County (year 2000) indicated a county-wide median of $47,400.00 (See Exhibit B). --- PACIFIC RELOCATION CONSULTANTS PAGE 5 .c II. ASSESSMENT OF RELOCATION NEEDS c" A. METHODOLOGY Information necessary for the preparation of this Plan was obtained primarily through door-to-door interviews, conducted by bi-lingual staff in February and March, 2001. Inquiries of occupants concerned household size and composition, income, rental data, length and type of occupancy, ethnicity, home language, disabilities/health problems, and replacement housing preferences. The data in this Plan are based solely on anecdotal responses. No attempt was made to qualify or confirm income or other information provided by residents. B. FIELD SURVEY DATA c The project area consists of 35 improved land parcels that contain 63 residential dwelling units, 5 of which are vacant. Within the 63 dwellings, there are 58 occupied households consisting of 3 owner/occupants and 55 tenants. Survey information was obtained from 55 or 89% ofthese households. There were 6 households who refused to provide information. There is one commercial use in the Project area who was interviewed by phone. The business operator provided information concerning the nature of their business and their replacement space needs. Housing Mix The housing mix consists of 58 occupied single and multi-family residences of varying bedroom sizes as indicated in the table below. # of Bdrms Single # of Units 2 One Two Three Four Five 16 27 4 2 1 c PACIFIC RELOCATION CONSULTANTS PAGE 6 (~ '-' RELOCA nON PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA Current Schedule of Rents Table 2 below provides a breakdown of current, reported Project Area rents for 49 of 55 tenants. Single 1- Bedroom 2- Bedroom 3- Bedroom 4-Bedroom 5-Bedroom (3) (16) (26) (2) (1) (1) $150-$250 $200-$400 $400-$700 $500-$600 $500 $400 Occupancy c The average occupancy is 4 persons per unit. There are 3 owner-occupied dwellings, which are occupied by 7 adults (3 are elderly) and 2 children. Tenant occupants consist of 103 adults, (8 are elderly) and 117 children. Tenant households tend to have greater occupancies than the owner/occupied units. There are eight instances of overcrowding in tenant occupied units. In each of these cases, residents will be directed to upgrade their current dwellings by one additional bedroom. Family size patterns among residents are as follows: Family Size One Two Three Four Five Six Seven # 11 8 12 6 10 3 2 Replacement Housing Needs Based upon reported occupancies and available base data, the replacement housing needs of owners and tenants in the Project area are as follows: .~ '-' PAGE 7 PACIFIC RELOCATION CONSULTANTS t- """ RELOCA nON PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA Bedroom Size Owners Single o 2 One Two Three Four Five Tenants o 10 o 28 2 7 1 1 o 1 Income As a factor for determining relocation assistance benefits, household income is an issue only in tenant occupied households. Income information was obtained from forty-nine of the 55 tenant households. Compared to median income standards for the County (see exhibit B) there are ten "low" and 30 "very low" income households. The range of reported annual incomes is $6,000.00 to $59,920.08. c Senior/Handicapped Households There are 7 households with at least one individual sixty-two years or older. Four ofthese households are occupied by a single individual (2 are females and 2 males). The other three households are a family mix. The ages range from sixty-three to eighty-two years. Ethnic Mix/Language Use Of those surveyed, 33 (57%) of the Project area households are Hispanic, 8 (14%) are White, 6 (10%) are Asian, 1 (2%) are African American. Seventeen households reported Spanish to be their primary language. Preferred Relocation Areas ,,-, '- The preference among interviewed residents was to remain within the city of San Bernardino and in relatively close proximity to the Project area. PACIFIC RELOCATION CONSULTANTS PAGE 8 c III. RESIDENTIAL RELOCATION RESOURCES , One of the primary purposes of a Relocation Plan is to analyze the availability of comparable housing resources to match the needs of residential occupants affected by a proposed project. Resource surveys conducted for relocation planning purposes address current circumstances and general market conditions. A. METHODOLOGY To determine the availability of comparable housing opportunities the following sources were utilized: . Classified rental listings from newspapers and other "For Rent" publications serving the City of San Bernardino and surrounding area; . Windshield surveys of residential areas adjacent to the project site; c . Telephone and field contact with real estate/property management companies serving the community. B. REPLACEMENT HOUSING AVAilABILITY 1. Rental Housing Resource survey data indicate that current rents in and around the city of San Bernardino are generally higher than Project Area rents. The table below illustrates survey results with respect to rents and availability of one, two, three, four and five bedroom single family and multi-family rental units. Bedroom Size Single/One 15 $415-695 Two Three Four Five - '- # Found Rent Range 30 $465-1,100 15 2 1 $500-1,100 $925-950 $2000 P ACIFlC RELOCATION CONSULTANTS PAGE 9 ,- '-' RELOCA nON PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA 2. For Sale Housing There are 3 owner-occupants in the Project Area. All three owner- occupants have indicated their intention to repurchase and occupy a comparable, replacement dwelling. Two of the owner-occupant households occupy three-bedroom houses and the remaining owner- occupant occupies a four-bedroom house. The resource survey identified three and four-bedroom houses, ranging in price from $99,OOO.00 to $138,000.00. C. RELATED ISSUES 1. Concurrent Residential Displacement c There are no other projects, current or anticipated, in this general area of the City of San Bernardino which will deter the Agency from providing adequate replacement housing referrals to current residential tenants. 2. Temporary Housing It is anticipated that sufficient comparable replacement housing will be available on a timely basis and there will be no need for temporary housing accommodations. - '- PAGE 10 P ACIFlC RELOCA TION CONSULTANTS c IV. THE RELOCATION PROGRAM ' A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES The relocation program to be implemented by the Redevelopment Agency of the City of San Bernardino (the 'Agency') will conform to the standards and provisions of the California Relocation Assistance Law, Government Code, Section 7260, et. sea., Title 25 Chapter 6 of the California Code of Regulations; and, rules, regulations and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (49 CFR Part 24, as amended [the URAl) and Section 1 04(d) ofthe Housing and Community Development Act of 1974 and procedures adopted by the Agency. Pursuant to the relocation guidelines adopted, program objectives will be as follows: 1. To fully inform eligible project occupants of the nature of and procedures for obtaining relocation assistance and benefits; I""'" '-' 2. To determine the needs of each residential and business displacee eligible for assistance; 3. To provide an adequate number of referrals to comparable, decent, safe and sanitary housing units referrals within a reasonable time prior to displacement, and assure that no residential nor business occupant is required to move without a minimum of 90 days written notice to vacate; 4. To provide current and continuously updated information concerning housing and business opportunities; 5. To provide assistance that does not result in different, or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances; 6. To supply information concerning federal and state housing programs and other governmental programs providing assistance to displaced persons; c PACIFIC REWCAT/ON CONSULTANTS PAGE II .C c c RELOCATION PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA 7. To assist each eligible person to complete applications for benefits; 8. To make relocation benefit payments in accordance with state and federal guidelines, including the Provisions of the Last Resort Housing sections, where applicable; 9. To inform all persons subject to displacement of the Agency's policies with regard to eviction, and property management; and, 10. To establish and maintain a formal grievance procedure for Use by displaced persons seeking administrative review of decisions with respect to relocation assistance. B. CITIZEN PARTICIPATION Section 6012 (Citizen Participation) of the California Code of Regulations, Title 25, Chapter 6, will be adhered to in both the spirit and letter of the law by the Agency and PRC in implementing the Relocation Program. The Agency will ensure the following: 1. Full and timely access to documents relevant to the relocation program; 2. Provision of technical assistance necessary to interpret elements of the relocation plan and other pertinent materials; 3. A general notice concerning the availability of this Plan for public review, as required, 30 days prior to its proposed adoption. Distribution of the Plan, upon request, to all affected and interested parties. 4. The right to submit written or oral comments concerning the Plan and to have these comments attached to the Plan when it is forwarded to the Agency for adoption; P ACIFlC RELOCATION CONSULTANTS PAGE 12 - '- c - "-' RELOCA nON PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA 5. Upon receipt of public comments, the Plan will be reviewed to ensure that it is feasible; complies with applicable environmental standards; and, is compatible with the General Plan of the Redevelopment Agency of the City of San Bernardino and, locally-adopted rules and regulations governing relocation. C. RELOCATION ADVISORY ASSISTANCE Pacific Relocation Consultants (PRC) has been retained by the Redevelopment Agency of the City of San Bernardino to assist in the administration of its relocation program. PRC will work closely with Agency staff to assure that reasonable efforts are made to minimize hardships associated with the relocation process. The following specific services will be provided: 1. Each household and business located in the Project site will be personally interviewed to gather information appropriate to the determination of needs, and preferences regarding replacement of existing accommodations. Unless an occupant is unavailable or refuses contact, interviews will be conducted within a reasonable time period after the initiation of negotiations for acquisition of the project site. Inquiries made of residential occupants will address the following areas: family size, ethnic background, age and health considerations, employment status, family income, location of schools attended, transportation needs and locational preferences related to replacement housing. 2. A printed Informational Brochure in English and Spanish (See Exhibit 'c' & '0') will be provided to all displacees. Signed acknowledgments will be obtained to verify receipt of this material. P ACIF/C RELOCATION CONSULTAlmi PAGE 13 I""- '-' 3. Prior to displacement, every reasonable effort will be made to provide at least three comparable housing referrals to displacees, pursuant to California Code of Regulations, Chapter 6, Section 6042(c). In no event shall a displacee be required to move until comparable housing is made available. Field surveys will again be conducted by PRC in order to identify available housing resources at the actual time of displacement. Every reasonable effort will be made to find comparable replacement housing units for displacees which are in close proximity to medical facilities, places of employment, schools, shopping areas, and public transportation. In general, "comparable housing" shall mean an apartment or house that satisfies the following standards: a. The unit is decent, safe and sanitary. The replacement housing selections will be inspected by PRC to verify that they meet all state and federal minimum housing requirements; c b. The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man- made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and, reasonably accessible to the displaced person's place of employment; c. Available on the private market to the displaced person, and available to all persons regardless of race, color, sex, marital status, religion or national origin; and, d. Within the financial means of the displaced household. (A replacement dwelling is within the financial means of a displaced homeowner if the purchase price of the replacement dwelling including related increased interest costs and other reasonable expenses does not exceed the total of the amount of just compensation provided for the dwelling acquired and the replacement housing payment available to the person.) I""- '-" P AC/F1C REWCAT/ON CONSULTANTS PAGE 14 c RELOCA nON PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA 4. Transportation will be provided, if necessary, for any displaced occupant to inspect replacement sites within the local area. 5. Assistance will be offered to all displacees in connection with arrangements for the purchase of real property, the completion of applications for replacement housing, obtaining required business permits or licenses, the filing of claim forms to request relocation benefits from the Agency and to obtain services from public agencies. 6. Special assistance in the form of referrals to governmental, and social service agencies will be made, if needed. Referral agencies may include, but not necessarily be limited to the Federal Department of Social Security, and the County Department of Public and Social Services (DPSS) for income maintenance, food stamps, Medi-Cal or child protective services. c 7. Among the other, though not necessarily all-inclusive resources which may be utilized in providing needed assistance are the following: A. The City of San Bernardino Economic Development Agency B. Employment Development Department (State of California) C. San Bernardino County Department of Social Services D. RELOCATION BENEFITS Relocation benefits will be provided in accordance with the provisio.ns of the . state and federal guidelines and Agency rules, regulations and, procedures pertaining thereto. Benefits will be paid to eligible displaced persons upon submission of required claim forms and documentation to the Agency, in accordance with Agency-adopted procedures. c Specific eligibility requirements and benefit plans will be detailed on an individual basis with all displacees. In the course of personal interviews and follow-up P~r,l;"lr PJ;'lnr~TlnWrnw_r;;:I'rT~1IlT'i: PAGElS C RELOCATION PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA visits, each displacee will be counseled as to available options and the consequences of any choice with respect to financial assistance. In order to alleviate hardships for tenants who must pay move-in costs (such as first month's rent and/or security deposit), the Agency will provide advance payments to assist displacees in securing replacement housing units. Requests for advance payments will be expeditiously processed to help avoid the loss of desirable, and appropriate replacement housing. 1. Residential Moving Expense Payments All displaced residential occupants will be eligible to receive a payment for moving expenses except as noted. Moving expense payments will be made based upon the actual cost of a professional move or a fixed payment based on a room-count schedule. c a. ActuaICost(ProressronaIMov~ An occupant may elect to have a licensed, professional mover perform the m<;>ve. The actual cost of the moving services, based on at least 2 acceptable bids, will be compensated by the Agency either in the form of a direct payment to the mover or as reImbursement to the displacee (with proper, supporting documentation). Transportation costs are limited to a distance of 50 miles. In addition to the actual move, costs associated with utility hook-ups (i.e., gas, water, electricity, telephone and cable if any) are eligible for reimbursement. b. Fixed Payment (Based on Room Count Schedule) c An occupant may elect to receive a fixed payment for moving expenses, based upon the number of rooms occupied in the displacement dwelling. In this context, the displaced person takes full responsibility for the move. The fixed payment includes all utility connections as described in (a.), PAr",C',r RJ:'rrlrJT1nAlrnAl~'"TJAlTt'! P Ar.P 11, C RELOCA nON PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA above. The current schedule for fixed moving payments is set forth in Table 6 following. Occupant-furnished Dwelling c Eight rooms each additional room Lessor-Furnished Dwelling $500.00 $650.00 $800.00 $950.00 $1,150.00 $1,350.00 $1,550.00 $1,750.00 $175.00 One room Two rooms Three rooms Four rooms Five rooms Six rooms Seven rooms First Room Each additional room $325.00 $50.00 2. Rental Assistance To Tenants Who Re-Rent Residential tenants who have established their residency within the Project area for a minimum of gO days prior to the initiation of negotiations, and who choose to re-rent, may be eligible to receive Rental Assistance Payments in addition to a Moving Expense Payment. c Except in the case of Last Resort situations, (See F- Last Resort Housing Payments) and, pursuant to state and federal guidelines, Rental Assistance Payments are limited to a maximum of $5,250.00. Maximum Rental Assistance eligibility is determined by multiplying a computed monthly housing need for 42 months and 60 months for Section 104(d) recipients. Tables 7 and 8 show how monthly need is determined: PACIFIC REWCATION CONSULTANTS PAGEl? ,C RELOCA nON PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA or 2. Ability to Pay $445 30% of the Gross Household Income' 3. Lesser of lines 1 or 2 $445 Subtracted From: 4. Actual New Rent $550 Actual New Rent including Utility Allowance or 5. Comparable Rent $575 Determined by Agency; includes Utility Allowance 6. Lesser of lines 4 or 5 $550 7. Yields Monthly Need: $105 $4,410 Subtract line 3 from line 6 Rental Assistance Multiply line 7 by 42 (months) c 1. Total Tenant Payment is the highest of: $445.00 30% of the Person's Monthly Adjusted Income or 10% of the Person's Monthly Gross Income Subtracted From: 2. Actual New Rent $550.00 Actual New Rent Including Utility Allowance or 3. Comparable Rent $575,00 Detennined by Agency; includes Utility Allowance 4. Lesser of lines 2 or 3 $550.00 5. Yields Monthly Need: $105.00 Subtract line 1 from 2 r '-' PACIFIC RELOCATION CONSULTANTS PACiF1R C RELOCATION PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA 3. Down payment Assistance To Tenants Who Purchase Residential tenants may apply a Rental Assistance Payment benefit toward the purchase of a replacement dwelling. Special rules apply to Section 104(d) recipients who wish to purchase replacement housing. 4. Payments to Owner-Occupants Residential owner-occupants who have established residency for at least 180 days prior to the Agency's offer to purchase, will be eligible for up to $22,500.00 in Replacement Housing assistance. The Replacement Housing Assistance Payment will consist of 3 separate elements: a) Purchase Price Differential; b) Mortgage Interest Differential; and, c) Incidental Expenses. A. Purchase Price Differential c The Purchase Price Differential is based on three factors: Aaencv Acauisition Price - The price paid by the Agency for the project area dwelling; Actual Purchase Price - The actual price paid for a replacement dwelling: and, Comoarable Reolacement Cost - The cost of a decent, safe and, sanitary dwelling comparable to the dwelling acquired by the Agency. c For purposes of determining the purchase price differential, the price paid for a replacement home is compared to the acquisition price of the dwelling in the project area and the price of an available decent, safe and sanitary dwelling comparable to the acquired unit. If the purchase price of a replacement home is less than the cost of a comparable replacement home, the payment will be limited to the actual difference. If the purchase price exceeds P"rll;rr R1:'lnr.lT1r>NrnN.WT1.TANTS PAGE 19 C RELOCA nON PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA the cost of a comparable replacement home, the payment will be based on the cost of the comparable replacement home. B. Mortaaae Interest Differential This element of the overall Replacement Housing Assistance Payment is meant to compensate homeowners for the loss of favorable financing. The computation of this payment is based upon the lessor of the current versus the new mortgage amount. To be eligible for this differential payment, the mortgage on the dwelling being acquired must have been a valid lien for at least 180 days prior to the Agency's initial written offer to purchase same. c. Incidental EXDenses - Closing Costs - '-' This payment is to compensate for one-time, non-recurring closing costs. These would normally include the cost of a property survey; preparing a legal description and deed; recording fees; title insurance; revenue stamps and transfer taxes (not to exceed the cost to buy a comparable replacement home); loan application; loan origination; appraisal fees; credit report; certification for structural soundness; and, termite inspection, when required. This does not provide for prepaid expenses, such as property taxes and insurance. The total Replacement Housing Payment is the sum of the Purchase Price Differential, Mortgage Interest Differential, and compensable Incidental Expenses. 5. Payments To Non-Tenured Residential Tenants c With the exception of those eligible for Last Resort Housing assistance (See Section IV. Part F - Last Resort Housing), residential tenants with less than 90 days of continuous occupancy prior to the initiation of CJ~"H"U'" Drr"""'~'T'J'r\l1f"n.,r'1r'T'~.M'C' p,,{;P ?O C RELOCA nON PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA negotiations will be eligible to receive only a payment of moving expenses. E. GENERAL INFORMATION ON RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed within 18 months from: . The date the claimant moves from the acquired property; or, . The date on which final payment for the acquisition of real property is made, whichever is later. c The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: 1. Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance. 2. Assistance amounts will be determined in accordance with the provisions of state and federal guidelines. 3. Required claim forms will be prepared by relocation personnel in conjunction with claimant(s). Signed claims and supporting documentation will be submitted by relocation personnel to the Agency 4. The Agency will review, and approve claims for payment, or request additional information. 5. The Agency will issue benefit checks which will be available at their offices for pick-up by Claimants, unless circumstances dictate otherwise. c n .,..,....,,., Dr',.......................u,....^u..,"'F'...~ PAr.p?l C RELOCATION PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA 6. Final payments will be issued to claimants after confirmation that their (Claimant's) Project area premises have been completely vacated, and actual residency at the replacement unifis verified. 7. Receipts of payment will be obtained and maintained in the relocation case file. F. LAST RESORT HOUSING c While - as previously set out at Section III., B., 1., Rental Housing' - recourse to that part of the Statutes generally referred to as 'Last Resort Housing' may be anticipated, nevertheless, a displaced person is entitled to a 'Supplemental Relocation Payment' or 'Last Resort Housing' assistance when, in a single residential case, the computed total of rental assistance eligibility exceeds $5,250.00. This type of situation is likely to develop among low-income families, or in environments where Project rents are particularly low vs. the market rates. Based on survey results, it appears that there will be an adequate supply of replacement, housing to meet the needs of displaced residential tenants, however, a combination offactors - which would include, in relation, the income levels of project site tenants; project site rents; and, a potentially high cost of replacement rent - may create the need for last resort housing payments. Residential tenants who do not meet the gO-day residency test may otherwise qualify for last resort housing assistance if their ability-to-pay is not sufficient to pay for comparable, decent, safe and sanitary replacement housing. As noted in Table 7, Item 2, replacement rent is within a tenant's ability-to-pay if it does not exceed 30% of the gross household income). Tenant-Occupants c When Rental Assistance eligibility exceeds $5,250.00, Project displacees may be eligible for a supplementary, or 'Last Resort Housing' Payment in order to assure access to comparable replacement housing. At the discretion of the P4rlJ:'1r R';T.nr~TmNrnN.W'T_T,I~ PAGE 22 C RELOCATION PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA Agency, Last Resort housing payments will be provided in a lump sum or in installments upon displacee's move to decent, safe and sanitary housing. At the displacee's discretion, a lump sum payment up to the entire rental assistance entitlement amount, including the amount of any Last Resort Payment, can be directed so as to assist in the purchase of a replacement dwelling. Any such payment will be deposited directly into an escrow account with provisions to allow the Agency to recover its funds should escrow fail to close. c Residential tenants who have not resided in the dwelling unit from which they were displaced for at least 90 days prior to the initial written offer to purchase the property, and who therefore do not qualify for a Rental Assistance Payment, or Down Payment Assistance Payment, may otherwise qualify for a Last Resort Housing Payment under this Section if comparable, decent, safe and sanitary housing is not available. For purposes of qualification, the Agency must determine, and be satisfied that the displacee did not occupy the Project property solely for the purpose of obtaining relocation assistance. G. RELOCATION TAX CONSEQUENCES In general, relocation payments are not considered income for the purpose of the Internal Revenue Code of 1986 or the Personal Income Tax Law, Part 10 of the Revenue and Taxation Code. The above statement on tax consequences is not intended to be provision of tax advice by the Agency and, it's Counsel, Agents or, Assigns. Displacees are encouraged to consult with independent tax advisors concerning the tax consequences of relocation payments. H. LAWFUL PRESENCE REQUIREMENT c Pursuant to the Public Law 105-117 of November 21, 1997, in order to be eligible to receive relocation benefits in federally-funded relocation projects, all members of the household to be displaced must provide information regarding their lawful presence in the United States. In federal projects, any member of P,Irlnr RF.TflrAT10NCONS1J/.TANTS PAGE 23 .C RELOCATION PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA the household who is not lawfully present in the United States or declines to provide this information, may be denied relocation benefits. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the U. S. I. GRIEVANCE PROCEDURES The Redevelopment Agency of the City of San Bernardino will adopt, and implement grievance procedures in accordance with the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. Briefly stated, displacees will have the right to ask for administrative review when they believe themselves aggrieved by a determination as to: ,- "-' 1. eligibility; 2. the amount of payment; 3. the failure to provide comparable replacement housing referrals; or, 4. the Agency's property management practices. Requests for review will be directed first to the Redevelopment Agency of the City of San Bernardino, or other authorized designee of the Agency for this purpose. Details concerning the entire appeals process will be provided by the Agency upon request. J. EVICTION POLICY c 1. Under the State of California guidelines, eviction by the Agency is permissible only as a last alternative. 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. P ArTF1C RELOCATION CONSULTANTS PAGE 24 ~ '"'" RELOCA nON PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA Relocation records must be documented to reflect the specific circumstances surrounding the eviction. 2. Eviction by the Agency may be undertaken only for one, or more of the following reasons: a) Failure to pay rent, except in those cases where the failure to pay is due to the lessor's (Agency'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; b) Performance of a dangerous, illegal act in the unit; c) Material breach of the rental agreement and failure to correct breach within 30 days of notice; c d) Maintenance of a nuisance, and failure to abate within a reasonable time following notice; e) Refusal to accept one of a reasonable number of offers of replacement dwellings; f) A requirement under State, or local law or, emergency circumstances that cannot be prevented by reasonable efforts on the part of the public entity. K. PROJECTED DATES OF DISPLACEMENT c The initiation of negotiations - as evidenced by the issuance of offers-to- purchase the properties is anticipated to take place in late May, 2001. It will also signal the commencement of eligibility for relocation assistance and related benefits. During this period, relocation procedures- including detailed interviews - will be held with the business and all residential tenants, and relocation will commence at this time. D~,..,C',,.. Dr;oln,..".,.,nUrnlTC"T1"',I1T'J"l" PAnl:')I\. C RELOCATION PLAN FOR THE HUB PROJECT, CITY OF SAN BERNARDINO, CALIFORNIA In the event that this Plan and the Project are not implemented within one year of the Plan adoption by the Agency, and the Project nevertheless proceeds in the future, the Agency will undertake to prepare an amendment to the Relocation Plan outlining any significant changes that may have occurred since the preparation of this Relocation Plan. L. ESTIMATED RELOCATION COSTS The following estimate for relocation benefits was developed, and based on data available at the time of interviews for this Plan (Le., 03/01). The estimate for relocation-related payments for this Project is as follows: c $1,026.270.00 102.627.00 (10% Contingency) $1,128,897.00 This estimated relocation budget does not include provision for relocation administrative services; neither does it include any funds that may be disbursed to property owners for property acquisition, nor any provision for other services which may be necessary for the implementation of the Plan and Project. If the project is implemented, and circumstances arise that should change either the number of residential occupants, or the nature of their residency, the Agency will authorize any additional funds for compensation that may need to be appropriated. The Agency pledges to appropriate the necessary funds, on a timely basis, to ensure the successful completion of the project. .- '- D~"',r:-,ro Drrn,....rrnIHr'rUJC'1"T..AITC' P AnF 26 c EXHIBIT' A' - CITY OF SAN BERNARDINO -,'i CENSUS DATA POPULATION 185,401 100% Hispanic or Latino 88,022 48% White 53,630 29% African American 29,654 16% Asian 7,594 4% Other 6,501 <3% C c c EXHIBIT "B' - H.lT.D. ANNUAL INCOME LIMITS ' SAN BERNARDINO COUNTY (2000) The following figures are approved by the U. S. Department of Housing and Urban Development (H.U.D.) for use in the County of San Bernardino to define, and determine housing eligibility by income level. Family Size Very Low Lower Median Moderate Annual Income Annual Income Annual Income Annual Income 1 Person 16,600 26,550 33,200 39,850 2 Person 18,950 30,350 37,900 45,500 3 Person 21,350 34,150 42,650 51,200 4 Person 23,700 37,900 47,400 56,900 C 5 Person 25,600 40,950 51,200 61,450 6 Person 27,500 44,000 55,000 66,000 7 Person 29,400 47,000 58,800 70,550 8 Person 31',300 50,050 62,550 75,100 Figures are per the Department of Housing and Community Development (California), Division of Housing Policy Development, March, 2000. c c EXHIBIT 'c' - INFORMATIONAL STATEMENT FOR' FAMILIES AND INDIVIDIJALS c r '- -C c ,l-- '- THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INFORMATIONAL STATEMENT FOR FAMILIES AND INDIVIDUALS I. GENERAL INFORMATION II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING III. MOVING BENEFITS IV. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS V. QUALIFICATION FORAND FILING OF RELOCATION CLAIMS VI. LAST RESORT HOUSING ASSISTANCE VII. RENTAL AGREEMENT VIII. APPEAL PROCEDURES - GRIEVANCE IX. TAX STATUS OF RELOCATION BENEFITS X. LAWFUL PRESENCE REQUIREMENT XI. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE I. GENERAL INFORMATION The building in which you now reside is in an area proposed to be developed by the 'Redevelopment Agency of the City of San Bernardino' (the 'Agency'). As the project schedule proceeds, it will be necessary for you to move from your dwelling. You will be notified in a timely manner as to the date by which you must move. Please read this information as it will be helpful to you in determining your eligibility and the amount of your relocation benefits under the federal andlor state law. We suggest you save this informational statement for reference. The Agency has retained the services of Pacific Relocation Consultants, a qualified professional relocation firm, to assist you. The firm is available to explain the program and benefits. Their address and telephone number is: (j) Pacific Relocation Consultants, lji " 100 W. Broadway Avenue, Suite 300, 'J;,~p Long Beach, CA. 90802 Phone: 1.800.400.7356 Spanish speaking representatives are available. SI necesita esta informaci6n en Espafiol, por favor lIame a su representante. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your representative with Pacific Relocation Consultants so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law, or regulations pertaining to the Agency's relocation assistance program. Residential Informational Statement Page 1 II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING c The Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate, and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. III. MOVING BENEFITS If you must move as a result of displacement by the Agency, you will receive a payment to assist in moving your personal property. There are two types of moving payments. You have the option of selecting either one of the following types of moving payments: A. Fixed Moving Payment ,.- '-' A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Agency, and ranges, for example, from $325.00 for a tenant in one room furnished by the Lessor (Owner), to $1,750.00 for eight rooms in a dwelling furnished by the Tenant (Lessee). (For details see the table below). Your relocation representative will inform you of the amount you are eligible to receive if you choose this type of payment. Occupant owns furniture Occupant does NOT own furniture 7 rooms $500.00 1 room $650.00 each additional room $800.00 $950.00 $1,150.00 $1,350.00 $1,550.00 $1,750.00 $175.00 $325.00 $50.00 1 room 2 rooms 8 rooms 3 rooms 4 rooms 5 rooms 6 rooms each additional room If you select a fixed payment, you will be responsible for arranging for your own move and the Agency will C assume no liability for any loss or damage of your personal property. Residential Informational Statement Page 2 c c c B. Actual Moving Expense (Professional Move) If you wish to engage the services of a licensed commercial mover and have the Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a scope of services for Agency approval. IV. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS You may be eligible for a payment of up to $5,250.00 to assist you in renting, or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied your present dwelling for a least 90 days prior to the Agency's first offer to purchase the property, or an owner who has occupied your dwelling for between 90 and 180 days prior to the Agency's first offer to purchase the property. A. Rental Assistance. If you qualify, and wish to rent your replacement dwelling, your rental assistance benefits will be based upon the difference, over a forty-two (42) month period, between the rent you must pay for a comparable, replacement dwelling and the lesser of your current rent or thirty percent (30%) of your gross monthly household income. You will be required to provide your relocation representative with monthly rent and household income verification prior to the determination of your eligibility for this payment. -OR- B. Down-payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down- payment and non-recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for this payment. V. QUALIFICATION FOR, AND FILING OF RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the later of the following: 1. For a tenant, the date you move from the displacement dwelling: 2. For an owner-occupant, the date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated "just compensation" is deposited in a court of competent jurisdiction: or, 3. The date the Agency fulfills its obligation to make available comparable replacement dwellings. All claims for relocation benefits must be filed with the Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date on which you move, whichever is later. VI. LAST RESORT HOUSING ASSISTANCE In the event comparable replacement dwellings are not available when vou are reauired to move, or if replacement housing is not available within the monetary limits described above, the Agency will provide Last Resort housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Residential Informational Statement Page 3 ,- '-" Last Resort housing assistance is based on the individual circumstances of the displaced person. Your relocation representative will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and last resort eligibility must be applied toward the down-payment of the home you intend to purchase. VII. RENTAL AGREEMENT As a result of the Agency's action to purchase the property where you live, you may become a tenant of the Agency for a period of time. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid; when rent payments are due; where they are to be paid; and, other pertinent information. Except for the causes of eviction set forth below, no person lawfully occupying property to be purchased by the Agency will be required to move without having been provided with at least ninety (90) days written notice from the Agency. Eviction will be undertaken only in the event of one, or more of the following infractions: A. 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; C B. C. D. E.. F. Performance of 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 dwellings; or The eviction is required by State or local law, and cannot be prevented by reasonable efforts on the part of the Agency. VIII. APPEAL PROCEDURES - GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have his/her claim reviewed or reconsidered in accordance with the Agency's appeals procedure. Complete details on appeal procedures are available upon request from the Agency. IX, TAX STATUS OF RELOCATION BENEFITS Relocation benefit payments are not considered as income for the purpose of the Internal Revenue Code of 1986 or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. The preceding statement is not tendered as legal advice in regard to tax consequences and, displacees should consult with independent tax advisors, or legal counsel to determine the current status of such payments. c Residential Informational Statement Page 4 c I"'"' '-' - '-' X. LAWFUL PRESENCE REQUIREMENT Pursuant to the Public Law 105-117 of November 21, 1997, in order to be eligible to receive relocation benefits in federally-funded relocation projects, all members of the household to be displaced must provide information regarding their lawful presence in the United States. In federal projects, any member of the household who is not lawfully present in the United States or declines to provide this information, may be denied relocation benefits. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the U. S. XI. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful, and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation representative. Residential Informational Statement Page 5 c c c AGENCIA DE DESARROLLO DE LA CIUDAD DE SAN BERNARDINO INFORMACION PARA FAMILlAS E INDIVIDUOS I. INFORMACION GENERAL II. A YUDA PARA ENCONTRAR UNIDAD DE REEMPLAZO III. BENEFICIOS DE MUDANZA IV. PAGO EN REEMPLAZO DE VIVIENDA -INQUlLlNOS V. PAGO DE REEMPLAZO DE VIVIENDA . DUENOS VI. CALlFICACIONES PARA LLENAR RECLAMOS DE REUBICACION VII. PAGOS DE UL TIMO RECURSO VIII. CONTRA TO DE RENTA IX. PROCEDIMIENTOS DE APELA CION-A GRA VIO X. REQUlSITO DE PRESENCIA LEGAL XI. , INFORMACION ADICIONAL Y ASISTENCIA DISPONIBLE I. INFORMACION GENERAL EI edificio en que usted vive esta en una area que va ser rehabilitado por la 'Agencia de Desarrollo de la Ciudad de San Bernardino' ("Ia Agencia"). De acuerdo a procedimiento de la agenda, tal vez sera necesario que usted se cambie de su residencia. Usted sera notificado(a) con tiempo razonable hasta la fecha en que debera cambiarse. Por favor lea esta informacion, sera de mucha ayuda para determinar su elegibilidad y la cantidad de beneficios en su reubicacion. Le recomendamos que guarde esta informacion como referencia. La Agencia ha contratado los servicios de la compariia Pacific Relocation Consultants, una empresa profesional muy calificada para ayudarle. La empresa esta a su disposicion para explicarle el programa y los beneficios. EI direccion y numero de teletono es: Pacific Relocation Consultants 100 West Broadway, Suite 300 Long Beach, California 90802 Telefono: (800) 400-7356 POR FAVOR NO SE MUDE ANTES DE TIEMPO. ESTE NO ES UN AVISO PARA DESOCUPAR SU VIVIENDA. Si usted desea mudarse antes de 10 requerido, deberia ponerse en contacto con la empresa Pacific Relocation Consultants para que no pierda ninguno de sus beneficios. Este es unicamente un folleto de informacion general y no tiene la intencion de proporcionar una descripcion detallada ni de la ley ni de los reglamentos relacionados que pertenecen al programa de reubicacion la Agencia. II. AYUDA PARA ENCONTRAR UNIDAD DE REEMPLAZO La Agencia, a traves de sus representantes, Ie ayudaran a localizar una vivienda de reemplazo proporcionandole listas de viviendas disponibles. Es importante que usted se mantenga activo buscando. Folleto de lriformacion Residencial Pagina 1 c En cuanto encuentre una vivienda de reemplazo, su representante hara una inspecci6n de la unidad para determinar si la unidad reline todos los requisitos de una vivienda que es decente, segura y limpia. Una unidad que es decente, segura e y limpia debe proveer cupo suficiente para sus ocupantes, estar a prueba de mal temporal y sistema adecuado de calefacci6n, plomeria, yelectricidad. Su vivienda de reemplazo debe pasar una inspecci6n antes de autorizar pagos de beneficios. III. MUDANZA Si tiene que mudarse debido a un proyecto la Agencia, recibira un pago para asistirle en su cambio fisico. Dos formas de pago estan disponibles. Usted puede escoger uno de los tipos de pagos de mudanza siguientes: A. Pago Fijo de Mudanza Un Pago Fijo esta bas ado en el numero de cuartos que ocupa y si es dueiio de los muebles 0 no. EI pago esta bas ado en un programa aprobado por la Agencia, y escala, por ejemplo, de $325.00 por una habitaci6n amueblado por el Arrendador (Dueiio), hasta $1,750 por 8 habitaciones con muebles del'nquilino (Arrendatario). (Para detalles, vea la tabla de abajo). Su representante Ie informara la cantidad que recibira al ser elegible. Ocupante Dueiio de Muebles Ocupante no es Dueiio de Muebles ,I""" 1 cuarto $500.00 1 cuarto $325.00 '-' 2 cuartos $650.00 Cada Cuarto Adicional $50.00 3 cuartos $800.00 4 cuartos $950.00 5 cuartos $1,150.00 6 cuartos $1,350.00 7 cuartos $1,550.00 8 cuartos $1,750.00 Cada Cuarto Adicional $175.00 Si usted escoge el pago fijo de mudanza, sera responsable de su cambio y la Agencia no asumira ninguna responsabilidad por perdida 0 daiio relacionado con su cambio. B. Gastos Actuales de Mudanza (Compania Profesional) c Si usted decide elegir una mudanza autorizada y quiere que la Agencia pague la factura, puede reclamar el costo ACTUAL del cambio de sus cosas personales hasta una distancia de 50 millas. Su representante de reubicaci6n Ie informara del numero de presupuestos estimativos seglin se requiera, y Ie asistira en preparar un plan que la Agencia pueda aprobar. Folleto de Informacion Residencial Pagina 2 IV. PAGO EN REEMPLAZO DE VIVIENDA - INQUILINOS C Usted puede ser elegible para un pago hasta de $5,250.00 como ayuda para rentar 0 comprar una propiedad comparable. Para calificar, debe de haber sido un inquilino en residencia en su vivienda actual por 10 menos de 90 dias, 0 un dueiio-ocupante que ha vivido en la vivienda por no menos de 90 dias y no mas de 180 dias, antes de la primera oferta la Agencia para comprar la propiedad. A. Asistencia de Renta Si usted califica y desea rentar su vivienda de reemplazo, sus beneficios se basaran en la diferencia sobre un periodo de cuarenta y dos (42) meses entre la renta que tiene que pagar por una vivienda comparable, y 10 menor de la renta actual 0 treinta porciento (30%) de los ingresos mensuales en bruto. Usted debera informar a su representante de su renta y sus ingresos mensuales antes de establecer su elegibilidad para el pago. - 0- B. Asistencia de Pago de Enganche Si usted califica y desea comprar su vivienda de remplazo, puede aplicar la cantidad total de su pago de asistencia de renta para un pago de enganche. Su representante de reubicaci6n Ie explicara los procedimientos necesarios para aplicar este pago. C V. CALlFICACIONES PARA LLENAR RECLAMOS DE REUBICACION Para calificar por un Pago de Remplazo de Vivienda, tiene que rentar 0 comprar una vivienda de reemplazo comparable durante un aiio de 10 que ocurra despues de: 1. Para inquilino, la fecha que desocupo su vivienda, 2. Para dueiio-ocupante, la fecha en que recibira pago final por su vivienda 0, en caso de un procedimiento de condenaci6n, la fecha del deposito de compensaci6n justa con la corte, 0 3. La fecha por 10 cualla Agencia cum pis con la obligaci6n de recomendar por 10 menos de tres viviendas de reemplazo comparable. Todos los reclamos de reubicaci6n deben ser presentados dentro de dieciocho (18) meses de la fecha en la cual usted recibe el pago final por su propiedad, 0 la fecha en la cual se mud6, 10 que ocurra despues. VI. PAGOS DE ULTIMO RECURSO c Si viviendas de reemplazo comparable no son disponibles cuando se tiene que mover, 0 si viviendas de reemplazo no son disponibles dentro de los Iimites monetarios ya citados, fa Agencia Ie dara asistencia de ultimo recurso para que pueda rentar 0 comprar una vivienda de reemplazo oportunamente. Asistencia de ultimo recurso es basado en los circunstancias individuales del desplazado. Su representante de reubicaci6n Ie explicara el proceso para determinar si califica por asistencia de ultimo recurso. Fol/eto de Informacion Residencial Pagina 3 Si es inquilino y prefiere compraren vez de rentar una vivienda de reemplazo comparable, la cantidad total C sera aplicada a la residencia de reemplazo como pago de entrada. VII. CONTRATO DE RENTA Como resultado de una acci6n la Agencia para comprar la propiedad donde usted vive, usted pasa a ser un inquilino la Agencia. En este caso, se Ie pedira que firme un contrato de renta, que especificara la renta mensual, cuando pagos se vencen, donde se pagan, y otra informaci6n pertinente. Excepto por las causas de desalojo dichas abajo, ninguna persona que legal mente ocupa una propiedad I Agencia es requerida a cambiarse si no tiene un aviso escrito por 10 menos de 90 dfas. Desalojo es dado sola mente por una 0 mas de las siguientes razones: A. Falla de no pagar renta, excepto en casos donde este es debido a la falta del duerio de no mantener los predios en una condici6n habitable, 0 cuando los servicios basicos han sido discontinuados 0 interrumpidos por un largo plazo. B. La perpetraci6n de un hecho peligroso 0 i1egal en los predios. C. La falta de mantener los terminos del acuerdo de renta entre 30 dfas de haber sido notificado. D. Continuar con un desorden publico, despues de haber sido notificado. c E Despues de haber recibido una cantidad razonable de referencias a viviendas de reemplazo. F. Cuando la evicci6n es requerida por leyes estatales 0 locales y no puede ser evitada por medio de esfuerzos la Agencia. VIII. PROCEDIMIENTOS DE APELACION-AGRAVIO Cualquier persona con una queja por una determinaci6n de elegibilidad en un pago de reubicaci6n 0 de la cantidad de un pago, puede pedir que su reclamo sea revisado 0 reconsiderado de acuerdo con el procedimiento de apelaciones establecido. Los detalles completos de apelaci6n y procedimientos estan disponibles solicitandolos a la Agencia. IX. ESTADO DE IMPUESTOS POR BENEFICIOS DE REUBICACION Pagos por beneficios de reubicaci6n no son considerados como ingreso econ6mico para el proposito del C6digo Interno de Ingresos de 1986, 0 de la Ley para Impuestos Personales, Parte 10 (comenzando con la secci6n 17001) de la Divisi6n 2 del C6digo de Ingresos e Impuestos, 0 el Banco y la Ley de Impuestos para Corporaciones, Parte 11 (comenzando con la Secci6n 23001) de la Divisi6n 2 del C6digo de lngresos e Imposici6n de Tributos. La anterior declaraci6n no es un consejo legal con respecto a consecuencias de impuestos, y personas desplazadas deben consultar con consejeros de impuestos independientes, 0 consejo legal para determinar el estado actual de tales pagos. c X. REQUISITO DE PRESENCIA LEGAL De acuerdo a la Ley Publica 105-117 del 21 de noviembre, 1997, para poder ser elegible y recibir beneficios de reubicaci6n en proyectos de reubicaci6n con fond os federales, todos los miembros de la Folleto de Informacion Residencial Pagina 4 c c - '- vivienda a ser desplazados deben de proporcionar informacion con relacion a su presencia legal en los Estados Unidos. En proyectos federales, cualquier miembro de la vivienda que no este legalmente presente en los Estados Unidos 0 rehuse proporcionar esta informacion, se Ie-podrian negar beneficios de reubicacion. Los beneficios de reubicacion seran calculados de acuerdo al numero de miembros de la familia con presencia legal certificada en los Estados Unidos. XI. INFORMACION ADICIONAL Y ASISTENCIA DISPONIBLE Los responsables de proveer asistencia de reubicacion esperan ayudarle en todas las formas posibles para minimizar la dificil tarea de reubicar a una nueva casa. Su cooperacion sera de mucha ayuda y gratamente apreciada. Si tiene preguntas durante el proceso, no dude en comunicarse con su representante de reubicacion. Folleto de Informacion Residencial Pagina 5 r \.,.... c c U.S. Department of Housing and Urban Development Office of Community Planning and Development Relocation Assistance to Persons 'Displaced From Their Homes (RARAP) Introduction This booklet describes the relocation payments and other relocation assistance provided under a Residential Antldlsplacement and Relocation Assistance Plan (RARAP) to eligible persons displaced from their homes. Persons eligible for assistance have the option of declining the RARAP assistance and receiving assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), if they decide that it is in their best interest. Eligibility To be eligible for relocation assistance under RARAP, you must be a lower-income person (family or Individual) and must move as a direct result of the "conversion" of a low/moderate-income dwelling unit or the demolition of a dwelling unit for a project in which Federal Community Development Block Grant (CDBG) or HOME Investment Partnerships funds are used. "Lower-income" means that your Income does not exceed 80% of the median income for the area as established by the U.S. Department of Housing and Urban Development (HUD), Generally, "conversion" means that before the project, your unit had a "market rent" at or below the Section 8 Fair Market Rent (FMR) standard and after the project, the market rent exceeds the FMR or the unit was converted to a non-residential uSe. HUD determines the,FMRs for the Section 8 Rental Certificate and Voucher Programs. The levels vary by metropolitan area and by the size of the unit. The Agency (identified ,at the back of this booklet) will determine whether you qualify as a lower-income person and If your home is being .converted,. If you do not qualify for RARAP assistance, you may be eligible for relocation assistance under the URA. If you are a homeowner who meets the eligibility criteria described above and you are displaced by demolition or by the conversion of your home to a nonresidential use, you may also qualify for RARAP relocation assistance. However, most homeowners can obtain more assistance under the URA than under RARAP. URA assistance to homeowners is described In the booklet. Re/ocatlon Ass/stance To Displaced Homeowners (HUD-1 044-CPD). Caution. If you are notified that you will be displaced, it is important that you do not c move before you learn what you must do to receive the relocation payments and other assistance to which you are entitled. This booklet may nota.nswer all of your questions, If you have more questions about your relocation, contact the Agency responsible for the project. Ask your questions before you move. Afterwards, it may be too late. Summary of Relocation Assistance As an eligible tenant (or homeowner) displaced from your home, you will be offered the following advisory and financial assistance under theRARAP: c . Advisory Services (same under RARAP and URA), This includes referrals to comparable and suitable replacement homes, the inspection of replacement housing to ensure that it meets established standards, help in preparing claim forms for relocation payments, counseling and other aiisistance to minimize the impact of the mo~e. Payme'r,tfor Moving Expenses (same under RARAP and URA). You may choose either a: ' .' . Payment for YourActual Reasonable Moving and Related Expenses, or - Moving E'Xpense and Dislocation Allowance. . Security Deposit. . Interim Living Costs, when required. . Replacement Housing Assistance, To enable you to rent, or if you prefer, to buy a comparable or suitable replacement home, you may choose either: Rental Assistance, or Purchase Assistance. If you disagree with the Agency's decision as to the relocation assistance for which you are eligible, you may appeal that decision. r-- '-' c General Questions How Willi Know I Am Eligible For Relocation Assistance? You should receive a written "Notice of Eligibility for Relocation Assistance." You should not move before receiving that notice, If you do, you may not receive relocation assistance. c How Will The Agency Know How Much Help I Need? You will be contacted at an early date and personally interviewed by a representative of the Agency to determine your relocation needs and preferences for replacement housing and advisory services. The interviewer will ask certain questions about you and other members of your household, including questions about your Income. It is to your advantage to provide the infonnation so that the Agency can assist you in moving with a minimum of hardship. The information you give will be kept in confidence, How Soon Willi Have To Move? If possible, a mutually agreeable date for the move will be worked out You will be given enough time to make plans for moving. Unless there is a health or safety emergency, you will not be required to move without at least 90 days advance written notice of (1) at least one "comparable replacement home" that is available to you and (2) the earliest date by which you must move. What Is A Comparable Replacement Home? A comparable replacement home is: . Decent, safe, and sanitary, . Functionally equivalent to your present home. It may not be identical, but it will be equal or better than your present home. . Actually available for you to rent . Within your ability to pay as described in this booklet . 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. What Is Decent, Safe, And Sanitary Housing? Decent, safe, and sanitary housing is housing that: c . . . . . Meets applicable housing and occupancy requirements. Is structurally sound, weathertlght, and in good repair ~ Contains a safe, adequate electrical wiring system. Has adequate living space for the occupants. . Has a kitchen with a sink, hot and cold running water, and connections for a stove and refrigerator (if you were displaced from a housekeeping unit). Has a separate, complete bathroom with hot and cold running water. . c . Has heating as required by climatic conditions. . Has an unobstn,Jcted exit to safe, open space at ground level. . Meets standards protecting occupants from lead-based paint hazards. . If your mobility is Impaired, is free of any barriers which would preclude your reasonable use of the unit. Will The Agency Help Me Find A Replacement Home? Yes. You wil/ be provided with referrals to housing that has been inspected to ensure that it meets established standards. If possible, you will be referred to at least three comparable replacement homes. The maximum financial assistance for which you may qualify will be based on the cost of the most representative comparable replacement home that is available to you. Promptly after you become eligible for relocation assistance, the Agency will inform you of such unit and the maximum payment available. Once the Agency representative has a clear understanding of your needs and preferences, he or she will work with you to assure that you are given the best possible choice of housing. The Agency will offer you appropriate transportation to inspect these units. c If you would like to move to government-owned housing or obtain a Section 8 "Rental Certificate" or "Rental Voucher," let the Agency representative know of your interest Generally, an eligible displaced person receives preference for such long term housing assistance. You will be given assistance in completing any required application forms, What If I Find My Own Replacement Housing? You have every right to find your own replacement housing. However, before you rent or buy, ask the Agency to inspect the unit to make sure that it is decent, safe, and sanitary. If the housing unit Is not decent, safe, and sanitary, you will not receive a replacement housing payment What If I Encounter A Problem In Obtaining Housing Of My Choice? If you encounter a problem in buying or renting housing of your choice, notify the Agency immediately. The Agency wil/ look into the matter and try to resolve it You will receive this help whether you were referred to the housing unit or found it yourself. If you are unable to buy or rent a housing unit because of discriminatory practices on the part of a real estate broker, rental agent, lender, or a property owner, the Agency will help you file a formal housing discrimination complaint with the U,S. Department of Housing and Urban Development or the appropriate State or local fair housing agency. c What Other Services Willi Receive? In addition to help in obtaining a comparable replacement home, other assistance, as . ' necessary, will be provided in order to minimize the Impact of your move. This assistance may include referral to appropriate public and private agencies that provide services concerning housing financing, employment, health, welfare, or legal assistance. The range of services depends on the needs of the person being displaced, You should ask the Agency representative to tel/ you about the specific - '- . . . . . c . ,-. '-' services that will be available to help you and your family. Payment for Moving Expenses To pay the cost of moving, you may choose either a payment for actual reasonable moving and related expenses or a moving expense and dislocation allowance. What Is A Payment For Actual Reasonable Moving And Related Expenses? If you choose a Payment For Actual Reasonable Moving And Related Expenses, you may include in your claim the reasonable and necessary costs for: Transportation for you and your family. Packing, moving and unpacking your household goods. Disconnecting and reconnecting household appliances and other personal property (examples, telephone and cable TV), Storage of household goods, as may be necessary. Insurance for the replacement value of your property during the move and necessary storage. The replacement value of property lost, stolen or damaged in the move (but not through your neglect) if insurance is not reasonably available. The Agency 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 keep all your receipts, Select your mover with care. The Agency can help you select a reliable and reputable mover. You may elect to pay your moving costs yourself and be repaid by the Agency, or, if you prefer, you may have the Agency pay the mover. In either case, let the Agency know before you move. What Is A Moving Expense And Dislocation Allowance? If you choose a Moving Expense and Dislocation Allowance, you will receive an allowance which is based on the number of rooms in your home or the number of rooms of furniture you will be moving, as shown on a schedule. The Agency has a copy of the schedule and will help you decide whether choosing this allowance is in your best interest. If you do not have a large amount of personal property to move, this payment should be more advantageous, No special documentation is required to support your claim. You need only move your personal property and complete the appropriate claim fonn in order to receive your payment. c Payment for Rental Assistance You may be eligible to receive rental assistance. If so, you may choose assistance under the RARAP or under the URA. For most tenants, the amount of assistance provided under the RARAP is greater, <, RARAP Rental Assistance. If you are eligible, you will receive assistance based on estimated needs for a period of at least 60 months. The Agency has the option of offering you that assistance in cash or under the Section 8 Rental Certificate or Voucher Program. The Agency will tell you which option it is providing to you. . Cash Rental Assistance, The assistance is computed by subtracting the amount you are expected to contribute towards the monthly rent (usually 30 percent of adjusted monthly income) 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 60, to determine the total amount that you will receive. This amount will be paid directly to you. The Agency will provide the assistance in monthly installments or other periodic payments. c Example: Let's say that your family's adjusted monthly income is $600, and the monthly rent and estimated average utility costs for a comparable replacement home which you move to are $350. In this case, your monthly need would be $170 [$350- $180 (30 percent of $600)]. Multiplying this amount times 60 months results in $10,200 of rental assistance. . Section 8 Rental Assistance (RARAP). You may be offered a Section 8 Rental Certificate or Rental Voucher, If so, you will also be referred to comparable replacement dwellings where the owner will accept the certificate or voucher, Rental Certificate. Generally, with a Section 8 Rental Certificate you must lease a unit where the rent and utility costs do not exceed the Section 8 FMR. The Section 8 Rental Certificate covers the difference between your contribution and the monthly rent and utility costs at the replacement home. c Rental Voucher. With a Section 8 Rental Voucher, you may pay more or less than 30 percent of your adjusted income, depending on the unit you select. You will be offered opportunities to rent a unit that you can afford. If you rent an acceptable unit where your contribution to the rent is less than the .payment standard,. you keep the savings. If the rent exceeds the payment standard, you must pay the difference. Advantages of Section 8 Rental Assistance. The Section 8 assistance may cor)tinue as long as you have a need. Unlike cash assistance, Section 8 assistance is recomputed each year to reflect changes in your income, rent or the cost of utilities. While cash assistance is certain to terminate at the end of 60 months, Section 8 - . ~ -- "- assistance may continue to be available after the 60-month period ends if you.still qualify as a lower-income person. To qualify for rental assistance, you must rent and occupy a decent, safe, and sanitary home within one year after the date you move. However, the Agency will extend this period for good cause. URA Rental Assistance, URA rental 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 in monthly installments or other periodic payments, Generally, the base monthly rent for your present home is the lesser of: (1) the monthly rent and average monthly cost for utilities, or (2) thirty (30) percent of your income. c Examples: Let's say that the monthly rent and average cost for utilities for your present home are $250; the monthly rent and estimated average utility costs for a comparable replacement home are $350; and your monthly income is $700. In this case, your "base monthly rent" would be $210 because that amount (30 percent 'of your income) is less than the monthly cost of rent and utilities at your present home ($250). If you rent a replacement home for $360 per month, including estimated average monthly utility charges, you will receive $5,880, That amount is 42 times $140 (the difference between the "base monthly rent" for your present home ($210) and the cost for a comparable replacement home ($350)). if you rent a replacement home for $310, including estimated average monthly utility charges, you will receive $4,200. That amount is 42 times $100 (the difference between the "base, monthly rent" for your home ($210) and the actuai cost of your new home ($310)). To qualify for rental assistance, you must rent and occupy a decent, safe, and sanitary home within one year ~fter the date you move. However, the Agency will extend this period for good cause. Purchase Assistance c If you buy, rather than rent, a replacement home, you may be eligible for assistance to ITiake a down payment. The amount depends on the type of housing that you buy. RARAP purchase assistance is limited to mutual housing and cooperate housing. If you wish to purchase a house that is not mutual or cooperative housing you may do so, However, your purchase assistance may then be provided under the URA - an amount that may be less than the RARAP amount. c RARAP Purchase Assistance. If you buy a replacement home which is mutual or cooperative housing, you may be eligible for assistance based on the present value of. the monthly payments you would receive if you rented a comparable replacement home for 60 months. Remember, the monthly payment is generally determined by subtracting 30 percent of your adjusted income from the monthly rent and estimated average monthly utility cOsts f~r. a comparable replacement home, Example: Assuming the information in the prior RARAP example and a 4 percent retum on passbook savings, the purchase assistance would be $9,231, Remember, your net monthly contribution was $180, and the monthly rent and estimated average monthly utilities cost for a comparable replacement home was $350. The monthly difference is $170. The present value of 60 monthly payments of $170, discounted at 4 percent, is $9,231, The full amount of the payment must be applied to the purchase of the mutual or cooperative dwelling that you buy. " c URA Purchase Assistance. URA assistance to make a down payment is equal to the amount you would receive if you had rented a comparable replacement home (42 times the amount obtained by subtracting the "base monthly rent" for your present home from the monthly rent and estimated average monthly utility costs for a comparable replacement home). Remember, URA assistance is not limited to mutual housing or cooperatives, , Example: Assuming the information in the prior URA examples, the assistance for a down payment would. be $5,880. That amount is 42 times $140 (the difference between the "base monthly rent" for your present home ($210) and the monthly rent and estimated average monthly utilities cost for a comparable replacement home ($350)). The full amouht of the payment must be applied to the purchase of your new home. Must I File A Claim To Obtain A Relocation Payment? Yes. You must file a claim for each relocation payment. The Agency will, however, provide you with the required claim form, help you to complete it, and explain the type of documentation, if any, that you must submit in order to receive the payment. If you must pay any relocation expenses before you move (for example, a security deposit when you sign a lease for your new home), discuss your financial needs with the Agency. You should be able to obtain an advance payment to meet these costs. An advance payment may be placed in "escrow" or paid directly to a contractor to enslJre that the move will be completed ona timely basis. c You must file yourclaim within 18 months after the date you move. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months, ask the Agency to extend this period. ' Be careful not to confuse this 18-month period with the 12-month period within which you must rent (or buy) and occupy a replacement dwelling In order to be eligible for a replacement housing p'hyment. . .;,t I""" '- You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified, in writing, of the proble~ and the action you may take to resolve the matter, Willi Have To Pay Rent To The Agency Before I Move? If the Agency acquires the property in which you live, you may be required to pay a fair rent to the Agency for the period between the acquisition of the property and the date that you move. Such rent will not exceed the market rent for comparable properties in the area. Do I Have To Pay Federal Income Taxes On My Relocation Payments? No. You need not report relocation payments as part of your gross income for Federal tax purposes. For information on State or local income taxes, you should check with the State or local income tax office in your area or with your personal tax advisor. r '-' If I Don't Receive The Required Assistance, Can I Appeal? If you disagree with the Agency's decision as to your right to relocation assistance or the amount of a payment, or the adequacy of the housing to which you have been referred, you may apl"eal the decision to the Agency. The Agency will inform you of its appeal procedures. At a minimum, you will have 60 days to file your appeal with the Agency after your receive written notification of the Agency's determination on your claim. Your appeal must be in writing. However, if you need help, the Agency will assist you in preparing your appeal. If you are dissatisfied with the Agency's determination on your appeal, you may request administrative review of that decision (by HUD or the State). You can expect a fair decision on any appeal. However, if you are not satisfied with the final administrative decision on your appeal, , you may seek review of the matter by the courts. I Have More Questions. Who Will Answer Them? If you have further questions after reading this booklet, contact the Agency and discuss your concerns with an Agency representative. Call your local HUD office for assistance. Go to www.hud.gov to find out about your local HUD office. h HUD-1045-CPD September 1995 (Previous Edition Obsolete) c ,. c r """ c EXHIBIT 'D' - ADDENDUM NO.1" (SUBJECT TO PUBLIC COMMENT) -c 1 2 3 4 5 6 7 8 9 10 11 c - \".. ~~r;'\7 "-./7 Il - L( ./ \.':::::/ ,- RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR RELOCATION SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND PACIFIC RELOCATION CONSULTANTS (HUB PROJECT) WHEREAS, an area of the City of San Bemardino (the "City") generally situated along the west side of Tippecanoe A venue to the north of the right -of-way of the Interstate 10 Freeway refetted to as the "HUB Project Site" is within the redevelopment project area of the Inland Valley Development Agency, a joint powers authority formed pursuant to Health and Safety Code Sections 33492.10 et seq., 12 13 14 15 16 17 18 19 20 21 for the purpose of assisting in the conversion and civilian reuse of the former Norton Air Force Base and other lands situated in the City; and WHEREAS, the Inland Valley Development Agency, the City and the Redevelopment Agency of the City of San Bernardino (the "Agency") entered into an agreement entitled "1999 Redevelopment Cooperation Agreement" dated as of July 12, 1999 (the "Redevelopment Cooperation Agreement"), pursuant to which the Inland Valley Development Agency granted the Agency the right, power and authority to act for and on behalf of the Inland Valley Development Agency for the purposes of exercising the redevelopment powers of the Inland Valley Development Agency; and WHEREAS, the HUB Project Site containsxesidential and commercial developed properties, and the Agency initiated certain studies and proposals to address a number of issues of community concern on the HUB Project Site relating to blight and conditions associated with obsolete commercial 22 design, deferred maintenance, traffic circulation and conflicting commercial-residential neighborhood 23 property use and community design in an effort to eliminate and prevent the spread of blight from the 24 25 26 HUB Project Site; and WHEREAS, the Agency approved a Disposition and Development Agreement, dated as of May 21,2001, with SBr Partners, LLC, regarding redevelopment of the HUB Project Site (the "DDA"); and 27 28 Pacific Relocation Cons.wpd -1- c c 1 WHEREAS, under the DDA, the Agency should exert its best efforts in cooperation with the 2 Inland Valley Development Agency to acquire thirty-five (35) parcels containing sixty-three (63) 3 residential units and one (1) business by December 2001; and 4 WHEREAS, on July 23, 2001, the City has adopted a Relocation Plan addressing the 5 circumstances and needs of affected households; and 6 WHEREAS, the Agency, as currently staffed, does not have the manpower to manage the 7 relocation of the number of properties required for Phase I of the HUB Project within the time 8 parameters set forth in the DDA; and 9 WHEREAS, to meet occupant relocation obligations in the DDA, the Agency obtained the 10 services of Pacific Relocation Consultants to prepare the Relocation Plan. II NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE 12 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, 13 CALIFORNIA, AS FOLLOWS: 14 Section I. On July 23, 2001, the Agency considered the Professional Services Agreement 15 with Pacific Relocation Consultants, attached to this Resolution as Exhibit "A" (the "Agreement") at 16 a public meeting. The minutes of the Agency Secretary for the July 23, 2001, meeting of the Agency 17 include a record of all documents, communication and testimony submitted to the Agency regarding 18 the Agreement. 19 Section 2. The Commission hereby approves the Agreement in the form attached hereto as 20 Exhibit "A." The Chairperson ofthe Commission and the Agency Secretary are hereby authorized and 21 directed to execute the Agreement on behalf of the Agency together with technical and conforming 22 changes, as may be recommended by the Executive Director and Agency Counsel. 23 11/ 24 /11 25 C 26 27 28 Pacific Relocation Cons. wpd -2- r '-' ;0- '-' 14 ,- ..... 1 2 3 4 5 6 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR RELOCATION SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND PACIFIC RELOCATION CONSULTANTS (HUB PROJECT) Section 3. This Resolution shall take effect upon adoption. 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bemardino at a meeting thereof, 8 held on the day of ,2001, by the following vote, to wit: 9 Commission 10 ESTRADA LIEN 11 McGINNIS SCHNETZ 12 SUAREZ ANDERSON 13 McCAMMACK AYES NAYS ABSTAIN ABSENT 15 16 17 18 19 20 Secretary The foregoing Resolution is hereby approved this _ day of ,2001. Judith Valles, Chairperson Community Development Commission ofthe City of San Bemardino 22 23 24 25 26 27 28 21 Approved and legal c By: Pacific Relocation Cons.wpd -3- C 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss 2 CITY OF SAN BERNARDINO ) "..... '-' c 3 I, Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of 4 Community Development Commission of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of 6 the Community Development Commission of the City of San Bernardino this day of ,2001. 7 8 9 10 11 12 13 14 15 16 17 18 Secretary ofthe Community Development Commission of the City of San Bernardino 19 20 21 22 23 24 25 26 27 28 Pacific Relocation Cons. wpd -4- c REDE\Tlll.OPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR REWCATlON SERVICES (Pacific Relocation Consultants) This AGREEMENT FOR REAL ESTATE ACQUISmON SERVICES (the "Agreement") is made and entered into as of June 18, 2001, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency"), a public body existing and functioning pursuant to Health and Safety Code Sections 33000, et seq., and PACIFIC RELOCATION CONSULTANTS, a California corporation (the "Consultant"), NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND MUTUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to provide the consulting services set forth in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference. The Consultant hereby ,,-.. agrees to perform the work set forth in the Scope of Services, in accordance with the terms ',-- of this Agreement. 2. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT. A. The Agency shall compensate the Consultant a fee NOT TO EXCEED $125,000.00 for performance of the services set forth in the Scope of Services. B. The compensation designated in subsection A shall be the "Total Fee" for the performance of the work set forth in the Scope of Services. The Total Fee shall include, but not be limited to, the salaries of all subcontractors retained by the Consultant to perform work pursuant to this Agreement and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage, copies and such other expenses related to completion of the work set forth in the Scope of Services. C. The Consultant shall invoice the Agency for work performed by the Consultant under this Agreement each calendar month during the term of this Agreement. D. The Consultant shall submit invoices under this Agreement to: - '-' Redevelopment Ag~cy of the City of San Bernardino Attention: Executive Director 201 North AE@ Street, Suite 301 San Bernardino, California 92401 HUB Relocation Consulting Contract 1 c c E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant incurred in performance of the Scope of Services, during the period of time for which the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of the Consultant and any individual subconsultants utilized by the Consultant, during the time period covered by the invoice, a description of the professional services rendered on a daily basis by each named individual during such time period, the respective hourly rates of each named individual and the actual time expended by each named individual. Each invoice of the Consultant shall be accompanied by copies of all third party invoices for other direct costs incurred and paid by the Consultant during such time period. The Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the Executive Director, within thirty (30) days of such approval. , 3. . RECORDS RETENTION. Records, maps, field notes and supporting documents and all other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the Consultant and available to the Agencyfor examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Agreement orfor a longer period, as required by law. Such records shall be available to the Agency and to appropriate county, state or federal agencies and officials for inspection during the regular business hours of the Consultant. If the Consultant does not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a.m. and 5 p.m. Monday through Friday, excluding federal and state government holidays. In the event oflitigation or an audit relating to this Agreement or funds paid to the Consultant by the Agency under this Agreement, such records shall be retained by the Consultant until all such litigation or audit has been resolved. 4. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the Agency, its officers, employees, representatives, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys= fees, for injuxy or damage of any type claimed as a result of the negligent acts or omissions or willful misconduct of the Consultant, its officers, employees, subcontractors and agents, arising from or related to performance by the Consultant of the work required under this Agreement, except to the extent that such loss or damage may be caused by the negligence or willful misconduct of the Agency, its officers or employees. The costs, salary and expenses of the City Attorney and members of his office enforcing this Agreement on behalf of the Agency shall be considered as "attorneys' fees" for purposes of this paragraph. 5. INSURANCE. A. The Consultant shall maintain insurance policies issued by an insurance C company or companies authorized to do business in the State of California and that HUB Relocation Consulting Contract 2 ,,- '- maintain during the term of the policy a "General Policyholder=s Rating" of atleastA(v), as set forth in the then most current edition of "Best=s Insurance Guide," as follows: (1) Automobile Insurance. The Consultant and each ofits subcontractors shall maintain comprehensive automobile liability insurance of not less than $1,000,000.00 combined single limit per occurrence for all vehicles leased or owned by the Consultant or its subcontractors and used in completing the work required under this Agreement. (2) Worker's Com.pensation Insurance. The Consultant and each of its subcontractors shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's and/or subcontractor's employment performing work under this Agreement. (3) Errors and Omissions Coverage. The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consultant in performance of the Scope of Services of this Agreement in an amount of not less than $1,000,000.00. c B, Concurrent with the execution of this Agreement and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Agreement. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional insured and shall provide that the policy may not be cancelled, terminated or modified, except upon 30 days prior written notice to the Agency. 6. OWNERSHIP AND REUSE OF DOCUMENTS AND ornER MATERIA T .~ AND INFORMATION. All maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, correspondence or other documents generated by or on behalf of the Consultant for performance of the work set forth in the Scope of Services shall be the property of the Agency, as of the time of their preparation and payment therefore by the Agency, and shall be delivered to the Agency upon written request to the Consultant. 7. PR R~S RET.RASES. Press or news releases, including photographs or public announcements, or confirmation of the same related to the work to be performed by the Consultant under this Agreement shall only be made by the Consultant with the prior written consent of the Agency. c 8. CONFIDENTIALI1YOF MATERIATR AND INFORMATION. The Consultant shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth in the Scope of Services, which the Agency designates confidential. None of such design:ilted confidential materials or HUB Relocation Consulting Contract 3 c information may be made available to any person or entity, public or private, without the prior written consent of the Agency. 9, DEFAULT AND REMEDIES. A. Failure or delay by any party to this Agreement to penorm any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. c B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or rernedies associated with a default. Except with respect to rights arid remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties under this Agreement are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. In the event that a default of any party to this Agreement mayremain uncured for more than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 10. TERMINATION. A. This Agreement may be terminated by either party for any reason by giving the other party fifteen (15) calendar days prior written notice. The Agency shall pay the Consultant for all work authorized by the Agency and completed, prior to the effective termination date. c B. In the event of a termination of this Agreement under this section, the Consultant shall provide all documents, notes, maps, reports, data or other work product developed in penormance of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days of such termination and without additional charge to the Agency. 11. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in person or by certified or registered United States Mail, return receipt HUB Relocation Consulting Contract 4 r ""-, requested, postage prepaid or by overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice presented by United States Mail shall be deemed effective on the third business day following the deposit of such Notice with the United States Postal Service. This section shall not prevent the parties hereto from giving notice by personal service or telephonically verified fax transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by notifying the other party in writing of a new address for delivering notice to such party. CONSULTANT: Pacific Relocation Consultants 100 West Broadway, Suite 300 Long Beach, California 90802-4432 Attention: David Stadler Agency: Redevelopment Agency of the City of San Bernardino Attention: Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 12. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal laws, including, but not limited to, environmental acts, rules and regulations r applicable to the work to be performed by the Consultant under this Agreement. The - Consultant shall maintain all necessary licenses and registrations for the lawful performance of the work required of the Consultant under this Agreement. 13. NONDISCRIMINATION. The Consultant shall not discriminate against any person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the performance of the Scope of Services of this Agreement. 14. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT CONTRACTORS. The Consultant shall at all times during the performance of any work described in the Scope of Services be deemed to be an independent contractor. Neitherthe Consultant nor any ofits subcontractors shall at any time or in any manner represent thatit or any of its employees are employees of the Agency or any member agency of the Agency. The Agency shall not be requested or ordered to assume any liability or expense for the direct payment of any salary, wage or benefit to any person employed by Consultant or its subcontractors to perform any item of work described in the Scope of Services. ,- ~ 15. SEVERABILITY. Each and every section of this Agreement shall beconstnIed as a separate and independent covenant and agreement. IT any term or provision of this Agreement or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. HUB Relocation Consulting Contract 5 -- '-' 16. ENI1RE AGREEMENT. This Agreement constitutes the entire agreement between the parties. This Agreement supersedes all prior negotiation, discussions and agreements between the parties concerning the subject matters coveredherein. The parties intend this Agreement to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. 17. AMENDMENT OR MODIFICATION. This Agreement may only be modified or amended by written instrument duly approved and executed by each of the parties hereto. Any such modification or amendment shall be valid, binding and legally enforceable only if in written form and executed by each of the parties hereto, following all necessary approvals and authorizations for such execution. 18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action arising from or related to this Agreement shall be brought in the Superior Court of the State of California in and for the County of San Bernardino. 19. NON-WAIVER Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Agreement. r- """ 20. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the prior written consent of the Agency. 21. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent. 22. EXECUTION IN (::OUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which will constitute an original. 23. EFFECTIVENESS OF AGRRRMENT AS TO THE Agency. This Agreement shall not be binding on the Agency, until signed by an authorized representative of the Consultant, approved by the Agency, approved as to form by Agency Counsel and executed by the Chairperson of the Community Development Commission of the City of San Bernardino and the Agency Secretary. 24. CONFUCfS OF INfERFRT. Consultant hereby represents that it has no interests adverse to the Agency, at the time of execution of this Agreement. Consultant hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any agreement or acquire any interests detrimental or adverse to the Agency. - '-' HUB Relocation Consulting Contract 6 c - ~ c Further, Consultant hereby represents and warrants to Agency that Consultant and any partnerships, individual persons or any other party or parties comprising Consultant, together with each subcontractor who may hereafter be designated to perform services , pursuant to this Agreement, do not have and, during the term of this Agreement, shall not acquire any property ownership interest, business interests, professional employment relationships, contractual relationships of any nature or any other financial anangements relating to the Agency, property over which the Agency has jurisdiction or any members or staff of the Agency that have not been previously disclosed in writing to Agency, and that any such property ownership interests, business interests, professional employment relationships, contractual relationships or any nature or any other financial ammgements will not adversely affect the ability of the Consultant to perform the services to Agency as set forth in this Agreement. IIII IIII IIII IIII HUB Relocation Consulting Contract 7 c r '- - '-' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated next to the authorized signatures of the officers of each of them as appear below. Dated: Dated: Approved As To Form: By: Agency Special Counsel Dated: Dated: HUB Relocation Consulting Contract AGENCY Redevelopment Agency of the City of San Bernardino By: Judith Valles, Chairperson Community Development Commission By: Agency Secretary CONSULTANT Pacific Relocation Consultants, a California corporation By: TItle: By: TItle: 8 r. . '- EXHmrr "A" SCOPE OF SERVICES HUB RETAIL PROJECf RELOCATION SERVICES (66 cases) RELOCATION IMPLEMENTATION SERVICES A. Conduct the following activities necessary for the effective relocation of residential occupants: 1. Conduct personal, on-site interviews of prospective displacees to ascertain relocation housing needs and special requirements. C 4. 5. 6. 7. 8. 9. 10. 11. 12. 2. Inform displaced persons of available relocation assistance services and benefils, and explain relocation process. 3. Provide displaceeswith on-going advisory assistance to minimize their hardship, including referrals to and coordination with community service resources, public housing and other public services, as necessary. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day Notices to Vacate, and other notices, as may be required. Provide written referrals to replacement housing and physically assist displacees in locating replacement housing, including transporting individuals to view replacement sites, if necessary. Prepare replacement housing/down payment assistance entitlement reports for displaced households. Determine eligibility for and proposed amount of relocation benefits, including moving payments, rentaVdown payment assistance, and replacement housing payments. Inspect replacement dwellings to determine if they meet "decent, safe and sanitary" requirements. Prepare all applicable benefit claim forms, secure,c1aimant's signatures on claim forms, and submit claim forms to Agency for processing and payment. Monttor the move to replacement site, as necessary. Deliver benefit checks and other appropriate payments to claimants. Maintain necessary case documentation and provide Agency with periodic standard status reports. B. Conduct the following activities necessary for the effective ralocation of business occupants: 1. Conduct personal, on-site interviews of prospective displacees to ascertain relocation needs and special requirements. c 2. Inform displaced businesses of available relocation assistance services and benefits, and explain relocation process. 3. Prepare and distribute Informational Statemem, Notices of Displacement, 9Q-Oay Notices to Vacate, and other notices, as may be required. r '- 4. Assist displacees in locating replacement business sites and provide a required number of written referrals to same. 5. Provide on-going advisol)' assistance to business displacees, including lists of qualified movers and vendors. 6. Prepare specifications for the move and inventol)' of personal property, insuring thorough coordination with Agency staff and/or legal counsel, that no real property is included on the personal property inventol)' list. 7. Coordinate the walk-through for a minimum of two bids and move estimates with movers and the displaced business. 8. Monitor the actual move to replacement site and re-establishment activities, as necessal)'. 9. Determine eligibility for and proposed amount of relocation benefits, including actual and reasonable moving payments, re-establishment payments, and fixed payments. 10. Prepare all applicable benefIt claim forms, secure c1aimanfs signatures on claim forms, and submit claim forms to Agency for processing and payment. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessal)' case documentation and provide Agency with periodic standard status reports. C PROJECT MANAGEMENT SERVICES A. Participate in project coordination meetings with the Agency. B. Advise and assist the ClIent in the development and implementation of any administrative policies, procedures and forms necessal)' for the creation of an effective relocation program. C. Provide ongoing genaral consultation and project coordination with the Agency, social service agencies, govemmental entities, and designated consultants and vendors, D. Represent the Agency in citizen group meetings, Project Area Committee (PAC), presentations, hearings and other meetings. E. Provide liaison with public oversight agencies such as state Department of Housing and Community Development, United Stale Department of Hou8lng and Urban Development, FAA, FHWA, stale Departments of Transportation. c ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): IJ- Z 7,- 0\ Item # t'.Z'6 A Vote: Ayes;) -5, r) Nays -e Abstain Change to motion to amend original documents: Reso. # On Attachments: /' Contract term: - Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W /COUNTY Date Sent to Mayor: '1- -;;Is- () , Date of Mayor's Signature: '1-;;1Cc,-<.:,1 Date ofClerklCDC Signature: \-;;) b- 0' Date Memo/Letter Sent or . 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: Resolution # C ~ I 7 <::0 \ - '2 ~ ~ Absent ll~ Ckb'C.oc.f 2M 1- Z ~ NulVVoid After: '- By: - Reso. Log Updated: ~ Seal Impressed: ...-/ Date Returned: Yes ,/ No By Yes No ~ By Yes No ./ By Yes No ,/ By - Yes No .,/ - EDA /' MIS Finance Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: IJ - "2,0 -e:, \ Revised 01/12/01 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): f'l- 2.3-0 \ Item # 22 8' E, Vote: Ayes 2-5, " Nays B- Abstain Change to motion to amend original documents: Reso. # On Attachments: ~ Contract term: Note on Resolution of Attachment stored separately: -- Direct City Cierk to (circle i): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: }- dS --0 \ Date of Mayor's Signature: '[-:)(Q-O\ Date ofClerklCDC Signature: '1--;2-6-<'>\ Date Memo e Si nature: See Attached: See Attached: See 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resoiutions (Other Than Below): Updated CITY Personnel Folders (64i3, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: 01'0 Wf<"q "cD {),q I e""DA Resolution # C CC/ZQ)I-ZCj I .e- Absent I, G, , Scz::: C'C)I::/ 2001- 22 I Null/Void After: - Reso. Log Updated: V Seailmpressed: .-/ Date Returned: .-- Yes ./ No By Yes No~ By Yes No ./ By Yes No 7 By Yes No _ By EDA ./ Finance MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: 1')-3<:)-<:::'\ Revised 0] /12/0 1