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HomeMy WebLinkAbout06-096 - Resolutions REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING RESOLUTION NO. 06-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CUCAMONGA, TO APPROVE AND ADOPT THE RELOCATION PLAN IN CONNECTION WITH THE HAVEN AVENUE GRADE SEPARATION PROJECT THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: The City of Rancho Cucamonga is a municipal corporation in the County of San Bernardino, State of California. SECTION 2: The City of Rancho Cucamonga desires to implement the California Relocation Assistance Law (Government Code, Section 7260 et seg.) and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601 et sea.) SECTION 3: The City desires to ensure that relocation payments and assistance will be administered in a fair, reasonable and uniform manner, as promptly as possible to persons and businesses displaced as a result of the acquisition of real property by the City. SECTION 4: The City desires to encourage and expedite acquisition by agreements with property owners, to minimize litigation and relieve congestion in the courts. SECTION 5: The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The City of Rancho Cucamonga does hereby approve and adopt, for any acquisition of real property for the Haven Avenue Grade Separation Project,the Relocation Plan,which is attached hereto as Exhibit "A" and incorporated herein by reference. Said Relocation Plan conforms with the requirements of the California "Relocation Assistance and Real Property Acquisition Guidelines" as provided in California Code of Regulations, Title 25, "Department of Housing and Community Development Programs", Chapter 6, Subchapter 1 (commencing with Section 6000)("State Guidelines") and as the State Guidelines may be amended from time to time. B. The City Engineer is hereby authorized and directed to make the Relocation Plan available at the offices of the Clerk for inspection by all interested persons. Resolution No. 06-096 REMOVED FROM AGENDA Page 2 of 45 TO COME BACK AT FUTURE MEETING SECTION 6: The findings and declarations contained in this Resolution are based on the record before the City Council on April 5, 2006 when it adopted this Resolution, including the Staff Report dated April 5, 2006, all documents referenced and incorporated in the Staff Report, the testimony at the hearing, and the records and documents prepared in connection with the Proposed Project, all of which are incorporated in this Resolution by this reference. SECTION 7: This Resolution shall take effect upon adoption. SECTION 8: The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of this City. Please see the following page for formal adoption,certification and signatures REMOVED FROM AGENDA Resolution No. 06-096 TO COME BACK AT FUTURE MEETING Page 3 of 45 PASSEGASSED APPROVED AND ADOPTED this r 006` D, rn-r�cvrw, AND rav v w u u.. AYES: NOES: ABSENT: ABSTAINED: ----------------------------------------------------- William J. Alexander, Mayor ATTEST: ----------------------------------------------------- Debra J. Adams, CMC, City Clerk I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga, California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 5`" day of April 2006. Executed this 6`" day of April 2006, at Rancho Cucamonga, California. ----------------------------------------------------- Debra J. Adams, CMC, City Clerk Resolution No. 06-096 Page 4 of 45 RELOCATION PLAN HAVEN AVENUE GRADE SEPARATION PREPARED FOR THE CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE P.O. BOX 807 RANCHO CUCAMONGA, CA 91729-0807 BY ELWOOD HAMPTON 2895 LINCOLN DRIVE SAN BERNARDINO, CA 92405 1.866.207.5418 NOVEMBER, 2005 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 5 of 45 TABLE OF CONTENTS INTRODUCTION I A. ASSESSMENT OF NEEDS 2 B. REPLACEMENT HOUSING RESOURCES 2 C. CONCURRENT RESIDENTIAL DISPLACEMENT 2 D. TEMPORARY HOUSING 3 E. PROGRAM ASSURANCES AND STANDARDS 3 F. RELOCATION ASSISTANCE PROGRAM 3 G. CITIZEN PARTICIPATION REVIEW 4 H. RELOCATION BENEFIT CATEGORIES 4 1. PAYMENT OF RELOCATION BENEFITS 6 -.. J. EVICTION POLICY 6 K. APPEALS POLICY 6 L. PROJECTED DATES OF DISPLACEMENT 6 M. ESTIMATED RELOCATION COSTS 7 Attachment 1: Project Site Map. Attachment 2: Household Characteristics and Needs. Attachment 3: HUD Income Category Limits for San Bernardino County. Attachment 4: Attach Housing Resource Survey. Attachment 5: Sample Notices to be given to Displaced Households. Attachment 6: Fixed Payment Moving Schedule. Attachment 7: Relocation Payment Policy. Attachment 8: Established Appeals Policy and Procedures. 2 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 6 of 45 HAVEN AVENUE GRADE SEPARATION RELOCATION PLAN CITY OF RANCHO CUCAMONGA INTRODUCTION The City of Rancho Cucamonga is planning action that may result in the purchase and development of property within the City of Rancho Cucamonga. As a result, some housing will be affected and 2 households will have to be permanently displaced for this project to go forward. The location of this housing, which is the subject of this plan, is generally described as follows: 10483 8h St., Rancho Cucamonga, CA 91730 10489 8"'St., Rancho Cucamonga, CA 91730 (See attached project site map--Attachment 1) The City is proposing to lower the existing grade of Haven Avenue where it intersects the SCRRA railroad tracks. The project location is Haven Avenue, from Jersey Boulevard to 7th Street in the City of Rancho Cucamonga. The proposed action includes construction of a temporary detour of Haven Avenue (approximately 90 feet wide)and the railroad tracks(within the existing railroad right of way), a new bridge for the railroad tracks over Haven Avenue, and realignment of 8"'street. Elwood C. Hampton has prepared and will administer this Relocation Plan (the"Plan"), under the direction of or involvement with The City of Rancho Cucamonga.This Plan provides the results of a needs assessment survey, a housing resource study and details of the displacing entity's proposed relocation program. This Plan sets forth policies and procedures necessary to conform with statutes and regulations established by the California Relocation Assistance Law, California Government Code section 7260 et seq. (the "CRAL")and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, chapter 6, section 6000 et seq. (the"Guidelines"). If there are federal funds involved in this project, this Plan and benefits may also need to conform with the Uniform Relocation Act (46 U.S.C. §4600 et seq.), its implementing regulations (49 C.F.R. part 24)and other requirements and regulations of the applicable funding source. No displacement activities will take place prior to the required reviews and approval of this Plan. The City of Rancho Cucamonga is located about 30 minutes east of Los Angeles, California, in San Bernardino County, the largest county (20,064 sq. miles) in the contiguous U.S. The small communities of Alta Loma, Cucamonga and Etiwanda, 3 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 7 of 45 incorporated in 1977 as the City of Rancho Cucamonga, taking the original name of the land on which they stood. Rancho Cucamonga now has a population of more than 140,000 and covers 39.08 square miles. The City of Rancho Cucamonga is a General Law City.The local government structure is of the City Council-City Manager form.This consists of an elected City Council of citizens responsible for policy making and a team of professional administrators supervised by a City Manager.The City Manager is responsible to the City Council.The Mayor chairs the City Council and is directly elected by the voters. A. ASSESSMENT OF NEEDS To obtain information for the preparation of this Plan, a personal interview was conducted with all of the households living on the Project site. A table is attached showing some of the household characteristics and needs. (Attachment 2) Attached are the most current income limits for the "very low-", "low-", and "moderate-" income categories as established by HUD for San Bernardino County. (Attachment 3) The attached table shows the income categories for each of the households. (Attlachment 2.) During the interview process, proximity to a specific school was an issue, as was the option of moving out of the area. Tenants requested information in Spanish, and it was provided. B. REPLACEMENT HOUSING RESOURCES A resource survey was made on or about November 12. 2005 and November 29. 2005 to identify available comparable, decent, safe and sanitary units available in close proximity to the Project site. 1 three-bedroom unit,and 1 two-bedroom unit will be required to adequately relocate the Project site households. Therefore, the survey focused on confirming the availability of the number of comparable, decent, safe, and sanitary units which contain the required minimum number of bedrooms. are of adequate size for each household and are comparable with respect to the number of rooms and habitable living space. Attached is a copy of the resource survey showing the number of available comparable. decent."safe, and sanitary units found in the survey which are of adequate size and contain the required number of bedrooms for each household, and their rent or purchase levels and location. (Attachment 4) Analysis of the resource survey indicates that adequate housing units are available to facilitate the relocations of the tenants at this time. C. CONCURRENT RESIDENTIAL DISPLACEMENT Research in the area indicated that while there were projects in the surrounding areas, namely Ontario, Upland, and Fontana, the scope and size of those projects would not have a negative impact on replacement units needed for this project. The City of 4 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 8 of 45 Rancho Cucamonga's own Redevelopment projects do not have a negative impact because of the low number of displacements in this project D. TEMPORARY HOUSING There is no anticipated need for temporary housing. Should such a need arise, the displacing entity will respond appropriately and in conformance with all applicable laws and requirements. E. PROGRAM ASSURANCES AND STANDARDS There are adequate funds to relocate all the households. Services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act,the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964,Title VIII of the Civil Rights Act of 1968, the California Fair Employment& Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. No one will be displaced without 90 days notice and unless"comparable"replacement housing can be located and is available. "Comparable" housing includes standards such as: decent, safe, and sanitary(as defined in§6008(d)of the Guidelines); comparable as to the number of bedrooms, living space,and type and quality of construction of the acquired unit but not lesser in rooms or living space than necessary to accommodate the displaced household; in an area that does not have unreasonable environmental conditions; not generally less desirable than the acquired unit with respect to location to schools, employment, health and medical facilities, and other public and commercial facilities and services; and within the financial means of the displaced household as defined in section 6008, subdivision (c)(5)of the Guidelines. y The relocation program to be implemented by the displacing entity conforms with the standards and provisions set forth in Government Code section 7260 at seq., the Guidelines, California Health and Safety Code section 33410 et seq., if applicable, and all other applicable regulations and requirements. F. RELOCATION ASSISTANCE PROGRAM Staff is available to assist any displaced household with questions about relocation and/or assistance in relocating. Relocation staff can be contacted at: 1.866.207.5418 from 9 a.m. to 8 p.m. The Consultant's Office is located at: 2895 Lincoln Drive, San Bernardino, CA 92405. A comprehensive relocation assistance program, with technical and advisory assistance,will be provided to the households being displaced. Close contact will be maintained with each household. Specific activities will include: 5 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 9 of 45 1. Distribution of informational letter. (Attachment 5) 2. Timely referrals to at least three comparable replacement units as defined above and, if necessary, transportation will be provided to inspect potential replacement units. 3. Assistance with completion and filing of relocation claims, rental applications, and appeals forms, if necessary. G. CITIZEN PARTICIPATION/PLAN REVIEW This Plan will be provided to each household and will be made available to the public for the mandatory thirty(30)day review period. Comments to this Plan will be included as a Plan addendum prior to submission for approval before the City of Rancho Cucamonga. A copy of the approved Plan will be forwarded to the California Department of Housing and Community Development (HCD). H. RELOCATION BENEFIT CATEGORIES Relocation benefits will be provided in accordance with the CRAL,the Guidelines, and all other applicable regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation in accordance with,approved procedures. The displacing entity will provide appropriate benefits for each displaced household as required by the above laws and requirements. Residential Moving Expense Payments The subject households will be eligible to receive a payment for moving expenses. Payments will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. For temporary moves, moving expenses will be paid for both the move to temporary replacement housing and the move back to the rehabilitated unit. 1) Fixed Payment-A fixed payment for moving expenses based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be based upon the most recent Federal Highway Administration schedules maintained by the California Department of Transportation. (Attachment 6) OR- 6 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 10 of 45 2) Actual Reasonable Moving Expense Payments -The displaced households may elect to have a licensed, professional mover perform the move; if so,the displacing entity will pay for the actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges.The payment will be made directly to the mover or as reimbursement to the displaced household. Rental Assistance/Down Payment Assistance Displaced households who are residential tenants and who have established residency within the Project site for a minimum of 90 days prior to the"initiation of negotiations" will be eligible for both Rental Assistance and Moving Expense Payments. "Initiation of Negotiations" is defined as the first written offer to buy the property from which the households will be displaced. In this case, the estimated or actual date of the first written offer to purchase the properties of the tenant households is September 27s', 2005. Except in the case of Last Resort situations, Rental Assistance Payments will be limited to a maximum of$5,250 based upon the monthly housing need over a forty-two (42) month period. In addition, the households may opt to apply the amount to which they are entitled toward the purchase of a replacement unit. Last Resort Housing Payment There is a projected lack of"comparable replacement housing"within the financial means of the displacees, according to the attached housing survey (Attachment 4). Therefore,there is a need to provide Last Resort Housing Payments. "Last Resort Housing"payments are authorized by statute if affordable "comparable replacement housing"cannot be found for the displaced tenant household (i.e., housing not more than 30%of the household's average monthly income.) In this case, payments may be made beyond the $5,250 statutory cap up to 42 months worth of rental assistance. The supplemental increment beyond $5,250 may be paid in installments or in a lump sum at the discretion of the displacing entity. The City of Rancho Cucamonga has elected to make lump sum payments. If a household chooses to purchase a replacement home rather than rent, the household will have the right to request a lump sum payment of the entire balance to which they are entitled. Assistance to Homeowners No homeowners will be displaced by this Project. REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 11 of 45 I. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the displacing entity within eighteen (18)months from the date the claimant moves from the acquired property. Procedures for preparing and filing of claims and processing and delivering of payments are attached. (Attachment 7) No household will be displaced until"comparable" housing is located as defined above and in section 6008, subdivisions(c)and (d)of the Guidelines. Relocation staff will inspect any replacement units to which referrals are made to verify that they meet all the standards of decent, safe, and sanitary as defined in section 6008, subdivision (d)of the Guidelines. However, no household will be denied benefits if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. J. EVICTION POLICY The displacing entity recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. Eviction will only take place in cases of nonpayment of rent, serious violation of the rental agreement, a dangerous or illegal act in the unit, or if the household refuses all reasonable offers to move. Eviction may affect the eligibility of a person determined entitled to relocation benefits. K. APPEALS POLICY The appeals policy will follow the standards described in section 6150 at seq. of the Guidelines. Briefly stated, the displaced household will have the right to ask for review when there is a complaint regarding any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. A copy of the established appeals policy and procedures is attached. (Attachment 8) L. PROJECTED DATES OF DISPLACEMENT Households will receive a 90-day notice to vacate before they are required to move. These notices are expected to be issued on or about April 1, 2006. Relocation is expected to be completed for all households on or about July 1, 2006. 8 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 12 of 45 M. ESTIMATED RELOCATION COSTS The displacing entity anticipates using the following funds for the Project: City of Rancho Cucamonga Tax Allocation Bond Fund. Any and all required financial assistance will be provided. The budget estimate for this project is: $150,000.00. 9 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 13 of 45 TABLE OF ATTACHMENTS Attachment 1: Project Site Map. Attachment 2: Household Characteristics and Needs. Attachment 3: HUD Income Category Limits for San Bernardino County. Attachment 4: Attach Housing Resource Survey. Attachment 5: Sample Notices to be given to Displaced Households. Attachment 6: Fixed Payment Moving Schedule. Attachment 7: Relocation Payment Policy. Attachment 8: Established Appeals Policy and Procedures. REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 14 of 45 Attachment 1 Project Site Map REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING �'� � Vie- •�.; s xs i W sY a Igp_, pA• fi� p. ` zilT E �j,6P r i ¢_ rwauAa%c i,�'mf.air - i e �A�yt- •« ks :: 3 z tg'�€,.'�/� t,:. i� 177 '�`yar n 4 17— R �S `• ��E k I g.TA 3� r a L S «R'° rs� � b, r �,.".rW f � «{�• F I f : y I rXa dT ,SSg4G"' $.!_ t �.�-.+e��iElt •vG Y i �li A. � ��.• � t y • C c� � i9�WS-..t Por. North Cucamonga Rancho Cucamonga city 2o9-24 L r° M S. 4/9 Tax Rare Area 11+' 0 15013 ;0 O m9 M 9 f2 13 m J U C -----�—.F NUMBOLT --- AVE– A. Aaanaeo on to u O 'a B a ar /ai• D 11 14 �n <asasaED On".oe m z ASSESSED On/6 11 v i- - D -- r5 aj(HLAMBOLr) ern . - STREET (AVE.4k — 12 _ O BQ © Q la' l9l IC YA - IJI.aC Y/t --- --i NaPe -s-,r .1. =1J—�e Al � � aPAR. NO 11' � •� w« .m\ M © --�� W D _ `. 24r 5Y YAr sof-aa-Er .. xw.e.� val.xo.Ia 11 L01 2 3 24 a0 T C JIr e°.22au,�_I ST,` N C AI,E]BEo ON rAiF,E, v z M -00 O 1 AssessOfs—Nap - e-e-e9 vo"- (O Note-Assess".SR B-Lot Book 209 Page 24 JIIN 11 ilei 7-2-91 �s (D O Por. Tract No.2203,ti B.34/65 Numbers Shown In Cholas Son Bernordlno County a/a/!a Aas pa p,,,,pan s/va cx a) a) O � O 6 At0 (n rn Resolution No. 06-096 Page 17 of 45 INITIAL STUDY Determination INTRODUCTION AND PROJECT DESCRIPTION Project Name: Haven Avenue Grade Separation at Southern California Regional Railroad Authority(SCRRA)Railroad Tracks Lead Agency: City of Rancho Cucamonga Lead Agency Address: 10500 Civic Center Dr. Rancho Cucamonga,CA 91730 Cooperating Agency: SCRRA Responsible Agencies: City of Rancho Cucamonga,California Public Utilities Commission Project Location: Haven Avenue,from Jersey Boulevard to 7' Street,City of Rancho Cucamonga,San Bernardino County, California(Figure 1,Project Location and Vicinity Map). Project Description: The City of Rancho Cucamonga is proposing to lower the existing grade of Haven Avenue where it intersects the SCRRA railroad tracks. The proposed action also includes construction of a temporary detour of Haven Avenue(approximately 90 feet wide)and the railroad tracks(within the existing railroad right of way),a new bridge for the railroad tracks over Haven Avenue,and realignment of 8'Street(see Figure 2). The project area includes Haven Avenue, between Jersey Boulevard and r Street, and approximately 1700 feet of the railroad track on either side of the intersection with Haven Avenue. The proposed project will not increase the number of lanes along Haven Avenue nor result in an increase in quantity of traffic. Construction duration is expected to last approximately two years and will be initiated in 2004. Funding for this project is being provided by the City of Rancho Cucamonga. The California Public Utilities Commission will be requested to approve the grade separation and temporary realignment of the railroad tracks. The purpose and need of this project is to improve the circulation of traffic at Haven Avenue and the SCRRA railroad tracks. Three structures will be demolished or relocated as a result of the temporary detour of Haven Avenue. There structures include winery facilities(APN 209-131-02)on the northwest side of the intersection of the railroad and Haven Avenue and two residences(APN 209-242-06 and-07) on the southwest side of the intersection of 8a Street and Haven Avenue. Upon completion of the proposed project, the temporary roadway detour of Haven Avenue will be removed. The former detour areas will be restored to a condition acceptable to the property owner. Similarly,the temporary railroad track detour will be restored as acceptable to the SCRRA. YRS N,w. Aft.O YWFQAcewwnm:,w"nwa 112raaa2 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 18 of 45 Attachment 2 Household Characteristics and Needs REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 19 of 45 Household Characteristics and Needs Replacement Household ID# BeIncome drooms Displacement Rent/ Monthly Rent Bedrooms Own Needed Displacement Level 1 2 Rent 2 $350 Low Income 2 4 Rent 4 $950 Very Low Income REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 20 of 45 Attachment 3 HUD Income Category Limits REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 21 of 45 HUD Income Category Limits San Bernardino County 2005 The U.S. Department of Housing and Urban Development for 2005 has established the following limits for the low-, very low-, lower-, median-, and moderate-income for varying household sizes. Number of Persons in Household Income I 2 3 4 5 6 7 8 Category SanhnidinoCounf EfteryLow 11,7W 13,3@ 15,01 16,700 18,050 19,4W 20,700 22,050 An Medi Inane: Very law In= 19,500 22250 25,050 27,850 30,050 32300 34,20 9,151 65,90 Low Income 31,2WI 36,650 40,1W 94,860 48,100 51,1W 55, 50 �,R MedlanMcome 38,950 44,5011 N,1W 661660 6;100 64,550 69,000 13,460 Mod nkIneome 46,160 53,6 60,1111 66,800 12,150 11,500 K1,850 88,2W REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 22 of 45 Attachment 4 Housing Resource Survey REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 23 of 45 AVAILABLE HOUSING DATA (RENTALS) Page 1 RANCHO CUCAMONGA AS OF NOVEMBER 12,2005 Address Beds Bath Price Type Contact Source 2 1 $1,100.00 House 909.985.2239 Daily Bulletin 2 2 $1,195.00 House 909.946.6701 Daily Bulletin 3 2 $1,400.00 House 909.944.5888 Daily Bulletin 3 2 $1,400.00 House 909.920.0379 Daily Bulletin 3 2 $1,590.00 House 909.989.4419 Daily Bulletin 7538 PEPPER 3 2 $1,600.00 House 909.980.3100 MLS 3 2 $1,650.00 House 909.982.0982 Daily Bulletin 3 2 $1,675.00 House 858.254.3487 SGV Tribune 10429 MANGROVE 3 2 $1,680.00 House 909.980.6100 MLS 3 2 $1,700.00 House 626.335.1182 Daily Bulletin 8548 EDWIN 3 2 $1,700.00 House 909.983.9933 MLS 11217AMIATA 3 2.5 $1,795.00 House 626.292.7200 MLS 3 2.5 $1,800.00 House 909.702.4222 Daily Bulletin 8269 RED HILL COUNI 3 3 $1,800.00 House 626.912.2989 MLS 7652 BROADMOOR 3 2 $1,850.00 House 909.484.2224 MLS 11831 BRANDYWINE 31 2.51 $1,900.00 House 626.965.7600 MLS 6760 KLUSMAN 3 2 $1,995.00 House 909.981.4466 MLS 3 2 $2,000.00 House 909.463.0064 Daily Bulletin 3 2 $2,100.00 House 909.281.1741 Daily Bulletin 7923 VALLE VISTA 3 2 $2,100.00 House 909.941-2560 MLS 3 2 $2,150.00 House 909.899.1257 Daily Bulletin 3 2 $2,150.00 House 909.899.1257 SGV Tribune 3 1.5 $2,400.00 House 626.969.9267 SGV Tribune 7577 SUNSTONE 4 2 $1,750.00 House 909.466.3800 MLS 4 2.5 $1,795.00 House 909.260-1745 Daily Bulletin 4 2.5 $1,795.00 House 909.944.5888 Daily Bulletin 4 2 $1,800.00 House 909.635.5146 Daily Bulletin 4 2 $1,975.00 House 909.644.7316 SGV Tribune 7400 GREENWICH 4 2.5 $1,980.00 House 626.854.2888 MLS 4 3 $2,100.00 House 909.261.1741 Daily Bulletin 4 2.5 $2,200.00 House 909.981.5621 Daily Bulletin 6253 BRANDY PLACE 4 2 $2,200.00 House 909.980.3100 MLS 4 3 $2,295.00 House 909.921.8698 Daily Bulletin 7045 MESADA 4 3.5 $2,300.00 House 626.964.8999 MLS 4 3 $2,350.00 House 909.948.5544 Daily Bulletin 4 3 $2,350.00 House 909.948.5544 Daily Bulletin 9399 SHADOWGROVE 4 3 $2,350.00 House 626.267.8100 MLS 4 3 $2,700.00 House 909.398.1810 Daily Bulletin Rancho Cucamonga COMPS 111205 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 24 of 45 AVAILABLE HOUSING DATA (SALES) Page 1 RANCHO CUCAMONGA AS OF NOVEMBER 29,2005 Address Beds'Bath Price Type Source 8523 Jasper St. 3 2 $449,000.00 SFR MLS 9026 Candlewood St. 3 2 $430,000.00 SFR MLS 10143 Palo Alto 4 2 $429,000.00 SFR MLS 13026 Ivy AV. 4 2 $410,000.00 SFR MLS 9425 Palo Alto 3 1.5 $409,900.00 SFR MLS 10232 Effen St. 3 2 $399,900.00 SFR MLS 8131 Cornwall 3 1.5 $370,000.00 SFR MLS 9747 Feron Bl. 3 1 $365,000.00 SFR MLS Rancho Cucamonga Sales COMPS 112905 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 25 of 45 Attachment 5 Sample Notices REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 26 of 45 INFORMATIONAL NOTICE IMPORTANTI PLEASE READ CAREFULLY! The City of Rancho Cucamonga has taken steps to develop the area where you now live. Attached is a diagram of the property that may be purchased and a short description of the proposed project. This action may mean that we will buy the property where you live. It also means that you and your household may have to relocate (move)to another home. YOU DO NOT HAVE TO MOVE NOW! This information sheet is only meant to explain what we are now doing and explain assistance available to you if you have to relocate in the future. When Do I Have To Move? You only have to move if The City of Rancho Cucamonga gives you a written notice to move. Even if we buy the property, you may be allowed to continue to rent the home where you live for a period of time. If we want you to move, the law requires us to give you (if you are now a lawful occupant) at least 90 days written notice before you have to move. If we allow you to continue to rent the property, the law requires that you pay not more than 30%of your average monthly income for rent. You may also have to sign a new rental agreement. However, you cannot be evicted unless there is a good reason, such as nonpayment of rent, a serious violation of the rental agreement, a dangerous or illegal act in the rental, or if you refuse to accept reasonable offers to relocate to a new home. Will 1 Get Any Help To Move? Yes. The law requires us to give many different types of assistance. Some of the assistance depends upon when you moved into your home. We must: 1. Help pay for moving expenses; and 2. Help find other"comparable replacement" housing for you. We must give you at least three referrals to other"comparable replacement" homes before you have to move or you can also look for your own replacement housing. "Comparable replacement"housing means housing that is: (A) Decent, safe, and sanitary; and (B) Not generally less desirable than your current home in location to your employment, schools and other services; and (C) Has disabled access if you are a disabled person; and Page 1 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 27 of 45 (D) Does not discriminate against you based on your race, nationality, religion, sex, age, disability, children, or whether or not you are married; and (E) At least the same number of bedrooms and living area as your current home; and (F) Affordable. "Affordable"means that rental costs (including utilities)are not more than 30% of your average monthly income. By law,we cannot make you move until we can locate "comparable replacement' housing for you (unless we have to evict you for one of the good reasons stated above); and 3. Give you "Replacement Housing Payments" (rental assistance or down payment assistance payments)for up to 42 months worth of assistance (depending on the circumstances), based on the amount of time you lived in your home before we make a written offer to buy the property! 4. In other words, you are eligible for Replacement Housing Payments if you have lived in your current home at least 90 days before we make a written offer to buy the property. Who Can I Speak To If I Have Any Questions? We have hired a Relocation Assistance Consultant to assist you so that you can have a person to get answers to any questions you may have. The Relocation Assistance Consultant is Elwood Hampton. You can reach him at: Ph: 1.866.207.5418 Email:hamptonrelocation(&vahoo.com Mail: Elwood Hampton 2895 Lincoln Drive San Bernardino, CA 92405 We encourage you to contact the Relocation Assistance Consultant to get more information about your individual rights to relocation assistance. The Consultant will also be available to assist you in finding a new home if you and your household must move. He can also refer you to other agencies that can help you find housing. Finally, he can also give you information about filing a complaint if you feel you have been unlawfully discriminated against in trying to find other housing. Page 2 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 28 of 45 What Will Happen If I Move Now? If you move before you have to move,you may lose your relocation benefits! You may move now if you wish. But before making any moves, it is important that you contact the Relocation Assistance Consultant and find out all the information about your rights to assistance! Will Someone Contact Me About My Relocation Assistance? Yes. Someone will be contacting you in the future to talk to you about your eligibility for relocation assistance. This person will need to get information from you, including your income and household size. It Is very important that you cooperate with us in sharing information because we must have this information to determine your needs and your eligibility for assistance! What If I Disagree With The Type Of Assistance Given To Me? If you disagree with the type of assistance you receive from us, the law gives you the right to ask for a review of your claim. This is called a"grievance" For example, you may ask for a review of your claim if you disagree with the amount of your relocation assistance, our failure to provide you with"comparable replacement" housing, or any other disagreement you may have with our services to you. If you want to file a "grievance,"you should file it as soon as possible. You must file a grievance within 18 months of the date you move or the date you receive a final relocation payment, whichever is later. You may file a"grievance" by simply contacting your Relocation Assistance Consultant, Elwood Hampton, at 1.866.207.5418. He will provide you with the necessary forms, and will assist you in completing them. You may review the "Grievance Procedures" by calling the Relocation Assistance Consultant to receive a copy of this document. We will continue to give you information and updates on the proposed purchase and development of the property. In the meantime, please contact the Relocation Assistance Consultant if you have any concerns, problems or questions. PLEASE KEEP THIS LETTER FOR FUTURE REFERENCE! Page 3 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 29 of 45 AVISO INFORMATIVO iIMPORTANTEI iPOR FAVOR LEA CUIDADOSAMENTE! La Ciudad de Rancho Cucamonga he tomado medidas para desarrollar el area donde usted esti viviendo ahora. Encontrar5 adjunto un diagrams de la propiedad que podria ser comprada, y una breve descripci6n del proyecto propuesto. Esta acci6noo dria s!gnificar que compraremos Is propiedad donde usted vive. Esto tambien significa que usted y su familia on dr!an tener que reubicarse(mudarse)a otro hogar. iUSTED NO TIENE QUE MUDARSE EN ESTE MOMENTOI Esta hoja informative es con la intenci6n de explicar to que estamos haciendo actualmente, y explicar la asistencia disponible a usted si usted tiene que reubicarse en elfuturo. Cuendo Tengo Que Mudarme7 Usted solo tiene qua mudarse si se le entrega un aviso por escrito para hacerlo. Aunque compresemos Is prop!edad, se le podria permitir seguir rentando el hogar donde usted vive shore por un periodo de tiempo. Si queremos que usted se mude, Is ley requiere que le demos(sl usted es ahora el ocupante legal)por to menos 90 dies an un aviso por escrito, antes de que tenga que mudarse. Si le permitimos seguir rentando la propiedad, la ley requiere que usted pague no mes del 30%de su ingreso promedlo mensual por alquiler. Usted tamb!en podria tener que firmar un nuevo contrato de alquiler. Sin embargo, a usted no se le puede obligar a desalojar a no ser que exista un buen motivo,tel tomo la falta de pago de alquiler, un desacato serio al contrato de arrendamiento, un acto peligroso o ilegal en Is propiedad alquilada,o si usted se niega a scepter ofertas razonables para reubicarse a un nuevo hogar. I Recib!re Alauna Asistencia Para Mudarme7 Si. La ley requiere que proporcionemos muchos tipos diferentes de asistencia. Parte de esa asistencia depende de cuendo se mud6 usted a su hogar. Debemos: t. Ayudarle a pager por los gastos de mudanza;y 2. Ayudarle a encontrar otra vivienda"sustituta comparable" para usted. Debemos proporcionarle por to menos tres referencias de otras viviendas"sustitutas comparables"antes de que usted tenga que mudarse,o usted tambien puede buscar su propia vivienda sustituta. Una vivienda"sustituta comparable"significa una vivienda que es: (A) Docents, segura y sanitaria; y (B) Por to general no menos deseable que su hogar actual en cuanto a ubicac!6n con su empleo, escuelas y otros servicios; y W"' C Tiene acceso para los discapacitados si usted es una persona discapacita*Qr" ; 1 Pagina 1 nr^;fit` REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 30 of 45 (D) No discrimina contra usted basandose an su raza, nacionalidad, religi6n, sexo, edad, discapacidad, hijos,o si usted as o no casado;y (E) Por to menos tiene at mismo numero de dormitorios y zona habitable qua su hogar actual; y (F) Es asequible. "Asequible" significa qua los oostos de alquiler(tncluyendo luz, gas, aqua, etc.)no son mas de!30%de su ingreso promedio mensual. Por ley, no podemos obligarlo a mudarse hasta qua no hayamos encontrado una vlvienda"sustituta comparable" para usted(a no ser qua tengamos quo obligarlo a desalojar por una de las razones indicadas arriba); y 3. IDarle a usted"Pagos de Vivienda Sustituta" (pagos para asistencia de alquiler o de asistencia de enganche)por un valor de asistencia haste de 42 ureses(dependiendo an las circunstancias), basado an la cantidad de tiempo qua usted vivi6 an su hogar antes qua nosotros presentemos una oferta por escrito para comprar Is propiedad! O sea, usted as elegible para Pagos de Vivienda Sustituta si usted he vivido an su hogar actual por to menos 90 dies antes de qua presentemos una oferta por escrito para comprar la propiedad. ;Con Quien Puedo Hablar Si Ten-go Preauntas? Hemos contratado un Consultor de Asistencla an Reubicaci6n para qua to ayude, para qua asl usted pueda tener una persona qua le d6 las respuestas a cualquier pregunta qua usted tenga. EI Consultor de Asistencia an Reubicaci6n as Elwood Hampton. Puede localizarlo an: Tel.: 1.866.207.5418 Email: hamptonrelocation@yahoo.com Comeo: Elwood Hampton 2895 Lincoln Drive San Bernardino,CA 92405 Le estimulamos a qua se comunique con at Consultor de Asistencia on Reubicad6n para obtener mas informaci6n sobre sus derechos individuales sobre asistencia de reubicacl6n. EI Consultor tambidn estara disponible para asistirle an encontrar un nuevo hogar si usted y su familia deben mudarse.ti tambi6n puede referitio a otras agendas qua Is pueden ayudar a enoontrar viviendas. Por ultimo,61 tambi6n le puede proporcionar informaci6n sobre c6mo presentar una queja si usted tree qua Is han discriminado an su intento de encontrar otra vlvienda. Pigina 2 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 31 of 45 lam( u6 Sucedert Si Me Mudo Ahora? Si usted se muda ahora antes de que tenga qua mudarse, ipodria perder sus beneficios de reubicaci6nl Puede mudarse ahora sl to desea. iPero antes de hacer un movimiento, as importante que se comunique con at Consultor de Asistencia an Reubicaci6n para enterarse de toda Is informaci6n sobre sus derechos de asistencial i Se Comunicart Alouien Conmino Sobre Mi Asistencia En Reubicaci6n? SI. Alguien se comunicar6 con usted an el futuro para hablar con usted sobre su etegibilidad de asistencia en reubicaci6n. Esta persona tendr6 que obtener tnfonnacl6n de usted, induyendo sus ingresos y at tamaho de su familia. tEs muy importante que usted coopere con nosotros on compartir esta Informacl6n porque debemos tenor la Informacl6n para poder determiner sus necesidades y su elegibilidad para asistencia! �Qu6 Pasa Si Yo No Concuerdo Con EI Tipo de Asistencia Que Me Pr000rcionen? St usted no est6 de acuerdo con el tipo de asistencia que reciba de nosotros, la ley le do at derecho a pedir una revisi6n de su reclamo. A esto se le llama"agravio." For ejemplo,usted puede pedir una revisi6n de su reclamo si usted no concuerda con la cantidad de su asistencia an reubicaci6n, nuestra falla an proporcionarle una vivienda"suslituta comparable" o cualquier otro desacuerdo que usted pueda toner con nuestros serviclos hada usted. Si usted quiere presenter un"agravio,' debe presentarto to antes posible. Usted debe presenter un agravio dentro de los 18 meses contando a partir de la fecha an que usted se muda o la fecha que usted redbe eI ultimo pago de reubicaci6n, cualquiera de estas que sea to fecha m6s reciente. Usted puede presenter un"agravio" sencillamente poni6ndose an contacto con Elwood Hampton,su Consultor de Asistencia en Reubicaci6n, at 1.866.207.5418. EI to proporcionar6 los formularios necesarios,y le dart asistencia para llenarlos. Usted puede reviser los"Procedimientos de Agravio"Ilamando at Consultor de Asistencia en Reubicaci6n para recibir una Copia de este documento. Seguiremos d6ndole informaci6n y actualizaciones sobre la propuesta compra y desarrollo de to proptedad. Mientras tanto, por favor comuniquese con el Consultor de Asistencla an Reubicaci6n at tiene preobupaciones,problemas o preguntas. iPOR FAVOR CONSERVE ESTA CARTA PARA REFERENCIA FUTURAI .x ' Pbgina 3 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 32 of 45 Attachment 6 Fixed Payment Moving Schedule REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 33 of 45 Residential Moving Expenses and Dislocation Allowance Payment Schedule Page 1 of 3 Realty • FHWA>HEP>Realty>Reloratlon Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended, Fixed Residential Moving Cost Schedule The payments listed in the table below apply on a stale-by state basis.Two exceptions and limitations apply to all States and Territories.Payment is limited to$100.00 if either of the following conditions apply: a. A person has minimal possessions and occupies a dormitory style room,or b. A person's residential move is performed by an agency at no cost to the person. Effective Date June 15,2005 Occupant owns furniture Occupant does not Number of rooms of furniture own furniture State 1 2 3 4 6 6 7 8 Each 1 room room/ Addfl add'I. room/ room rooms rooms rooms rooms rooms rooms rooms room not fum. no fum. Alabama $450 $600 $750 $900 $1050 $1200 $1350 $1500 $150 $300 $50 Alaska 600 800 1025 1250 1450 1625 1800 1975 200 400 100 American 282 395 508 621 706 790 875 960 85 226 28 Samoa Arizona 650 750 850 950 1050 1150 1250 1350 10D 345 60 Arkansas 450 675 goo 1100 1300 1475 1650 1800 150 250 50 California 625 8001 1000 1175 1425 16501 19001 2150 225 400 65 Colorado 400 550 700 1 850 1000 1150 1300 1450 150 300 50 Connecticut 575 750 9251 1100 1325 1550 1775 2000 150 225 60 Delaware 450 630 810 990 1125 12601 1395 1530 1351 360 45 DC 250 400 550 650 750 850 950 1050 100 225 35 Florida 550 700 8751 1050 1200 1350 1500 1650 2001 450 125 Georgia 495 715 9351 1100 :13:20=1 650 1760 1401 275 40 Guam 282 395 508 621 706 790 1 875 960 851 226 28 Hawaii 550 900 1250 1550 1850 2100 2350 2600 200 300 100 Idaho 400 550 700 850 950 1050 1150 1250 100 300 50 Illinois 550 700 850 950 1050 11501 1250 1350 100 475 50 Indiana 425 625 8251 900 1025 11501 1300 1400 2001 375 100 Iowa 550 700 800 goo 1000 1100 1225 1350 125 400 50 Kansas 400 600 800 1000 1200 1400 1600 1800 200 250 50 Kentucky 450 620 790 960 1130 13001 1470 1640 170 350 50 Lou(siana 500 700 gool 1100 130D 1500 1700 1900 2001 375 60 http://www.fhwa.dot.gov/realestate/fixsch96.htm 11/11/2005 REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 34 of 45 Attachment 7 Relocation Payment Policy REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 35 of 45 CLAIM AND PAYMENT PROCEDURES; TERMINATION OF RELOCATION ASSISTANCE A. [§9011 Filing of Claims All claims for relocation assistance and payments filed with the Displacing Agency shall be submitted within eighteen(18)months of the date on which the claimant '. receives final payment for the property or the date on which claimant moves,whichever is later. The Displacing Agency may, in its sole discretion, extend this period upon a proper showing of good cause. B. [§9021 Documentation in Support of Claim 1. [§903] Moving Expenses a. 1§904] Commercial Moves - Except in the case of a displaced resident or displaced business electing to "self move", a claim for payment of actual reasonable moving expenses shall be supported by a bill or other evidence of expenses incurred. Each claim in excess of one thousand dollars($1,000) for the costs incurred by a displaced business in moving the business operation shall be supported by at least three (3) competitive bids. If the Displacing Agency determines that compliance with the bid requirement is impractical, or if estimates in an amount less than one thousand dollars ($1,000)are obtained,a claim may be supported by estimates in lieu of bids. b. [§9051 Self-Moves Approval of a self-move shall be conditioned upon whether the displaced business has a permanent replacement site to move to. If so, the Displacing Agency may, at its sole discretion, approve a payment for moving expenses, in an amount not to exceed the lowest acceptable bid or estimate obtained by the Displacing Agency. A self-move to storage may be approved by the Displacing Agency at its sole discretion. c. [§9061 Exemption from Public Utilities Commission Regulations Whenever the Displacing Agency must pay the actual cost of moving a displaced person or business,the costs of such move shall be exempt from regulation by the Public Utilities Commission. The Displacing Agency may solicit competitive bids from qualified bidders for performance of the work. Bids submitted in response to such solicitations shall be exempt from regulation by the Public Utilities Commission. 2. [§9071 Loss of Property A claim by a displaced business for payment for the actual direct loss of tangible personal property pursuant to §704 shall be supported by written evidence of loss which REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 36 of 45 may include appraisals, certified prices,bills of sale,receipts,canceled checks,copies of advertisements, offers to sell, auction records, and other records appropriate to support the claim or the Displacing Agency may agree as to the value of the property left in place. 3. [§908] Proof of Earnings If a displaced business elects to receive an alternate (in-lieu)payment pursuant to the applicable Rules and Regulations, the business shall provide proof of its earnings to the Displacing Agency. Proof of earnings for the last five (5) business years may be established by income tax returns, financial statements and accounting records or similar evidence acceptable to the Displacing Agency. C. [§9091 Payment of Moving Expenses 1. 1§910] Advance Payment An eligible displaced resident or displaced business may be paid for his or her anticipated moving expenses in advance of the actual move.The Displacing Agency shall provide advance payment whenever later payment would result in financial hardship. Particular consideration shall be given to the financial limitations and difficulties experienced by low and moderate income residents and small farm and business operations. 2. 1§911] Direct Payment By prearrangement between the Displacing Agency, the displaced resident or displaced business, and the mover, evidenced in writing, the claimant or the mover may present an unpaid moving bill to the Displacing Agency, and the Displacing Agency may pay the mover directly. 3. 1§9121 Methods Not Exclusive The specific provisions of these Rules and Regulations are not intended to preclude the Displacing Agency's reliance upon other reasonable means of effecting a move, including contracting moves and arranging for assignment of moving expense payments by displaced persons. D. 1§9131 Payments for Replacement Dwellings 1. 1§9141 Payment for Purchase of Comparable Replacement Dwelling a. [§9151 Disbursement When the Displacing Agency has determined the amount of the payment for purchase of a comparable replacement dwelling to which the displaced resident is entitled and has verified that the displaced resident occupies a comparable replacement dwelling, payment shall be made to the displaced resident. REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 37 of 45 b. [§9161 Provisional Payment Pending Condemnation If the exact amount of a replacement housing payment cannot be determined because of a pending condemnation suit, the Displacing Agency may, at the Displacing Agency's sole discretion, make a provisional replacement housing payment to the displaced homeowner equal to the difference between the Displacing Agency's maximum offer for the property and the reasonable cost of a comparable replacement dwelling,but only if the homeowner enters into an agreement that upon final adjudication of the condemnation suit the replacement housing payment will be recomputed on the basis of the acquisition price determined by the court.If the acquisition price as determined by the court is greater than the maximum offer upon which the provisional replacement housing payment is based, the difference shall be refunded by the homeowner to the Displacing Agency. If the acquisition price as determined by the court is less than the maximum offer upon which the provisional replacement housing payment is based, the difference shall be paid to the homeowner. An agreement shall be entered into between the Displacing Agency and the displaced homeowner setting forth terms and conditions for payment and refund of such amounts. c. [§9171 Certificate of Eligibility Upon request by a displaced homeowner or tenant who has not yet purchased and occupied a comparable replacement dwelling, but who is otherwise eligible for a replacement housing payment, the Displacing Agency shall certify to any interested party,financial institution or lending agency,that the displaced homeowner or tenant will be eligible for the payment of a specific sum if he or she purchases and occupies a dwelling within the time limits prescribed. 2. [§9181 Rent Differential Payments When the Displacing Agency has determined the amount of the rent differential payment to which the displaced resident is entitled and has verified that the displaced resident occupies a comparable replacement dwelling, payment shall be made in a lump sum to the displaced resident. E. [§9191 Termination of Relocation Assistance The Displacing Agency's relocation obligations cease under any of the following circumstances: 1. A displaced resident moves to a comparable replacement dwelling and receives all assistance and payments to which he or she is entitled; 2. The displaced resident moves to substandard housing and refuses reasonable offers of additional assistance in moving to a decent, safe and sanitary replacement dwelling and receives all payments to which he or she is entitled; REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 38 of 45 3. All reasonable efforts to trace a person have failed; 4. The business concern or farm operation has received all assistance and payments to which it is entitled and has been successfully relocated or has ceased operations; 5. A person displaced from his or her dwelling, business or farm operation refuses reasonable offers of assistance, payments and comparable replacement dwellings;or The Displacing Agency determines a relocatee is not a Displaced Person or is otherwise not entitled to relocation assistance. - REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING N . 06-096 Resolutiono � Page 39 of 45 Attachment 8 Appeals Policy and Procedures REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 40 of 45 GRIEVANCE PROCEDURES A. [§10011 Purpose The purpose of these Grievance Procedures is to attempt to resolve disputes between the claimant and the Displacing Agency at the lowest possible administrative level while affording the claimant an opportunity to have a full and fair review of his or her case. Therefore,all relevant evidence should be presented at the lowest level of these proceedings.In any case where such evidence could have been presented at a lower level and the claimant failed to do so,the Relocation Appeals Board may refer the matter back to the lower level for consideration and determination prior to their considering such evidence. B. [§10021 Right of Review Any displaced person who is not satisfied with a determination as to eligibility, amount of payment, and failure by the Displacing Agency to provide comparable permanent or adequate temporary replacement housing or the Displacing Agency's property management practices, or not properly applying appropriate regulations, at his or her election may have his or her claim reviewed and reconsidered in accordance with the following procedures. C. 1§ 10031 Request for Further Written Information A claimant shall first request the Displacing Agency's designated representative to provide him with a full written explanation of the determination and the basis therefor, which explanation shall be provided to the claimant within three weeks from the date of receipt of the request. This request must be made within the same 18 month period described in § 1009. D. 1§10041 Informal Oral Presentation If the claimant feels that the written explanation is incorrect or inadequate, he or she may request an informal hearing with the City Manager. All such requests shall be in writing and shall be accompanied by a relocation complaint form if required by the Displacing Agency. Claimant shall have the burden of determining whether the Displacing Agency requires submittal of a complaint fort. The request for an informal hearing must be submitted to the City Manager within the same 18 month period described in§ 1009. Within fifteen (15) days from the date of receipt of claimant's written request, including a relocation complaint form,claimant shall be afforded an opportunity to make an oral presentation to the City Manager to enable the claimant to discuss the claim with the City Manager. The claimant may be represented by an attorney or other person of his or her choosing at the oral hearing(at the cost of the claimant). REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 41 of 45 The City Manager shall prepare a summary of the matters discussed and determinations made during the informal oral hearing, place a copy of the summary in claimant's file,and serve a copy thereof upon the claimant. E. 1§1005] Written Request for Review and Reconsideration At any time within the period described in § 1009 a claimant may file a written request for formal review and reconsideration. The claimant may include in the request for review any statement of fact within the claimant's knowledge or belief or other material which may have a bearing on the appeal. If the claimant requests more time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis therefor,the claimant's request shall be granted. F. 1§ 10061 Formal Review and Reconsideration by Displacing Agency City Manager 1. The City Manager of the Displacing Agency shall consider the request for review and shall decide whether a modification of the initial determinations necessary. The City Manager shall have the authority to revise the initial determination or the determination of a previous oral presentation. The City Manager shall consider every aggrieved person's compliant regardless of form,and shall if necessary provide assistance to the claimant in preparing the written claim. When a claimant seeks review, the City Manager shall inform claimant he or she has the right to be represented by an attorney, to present his or her case by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross- examination, as may be required, for a full and true disclosure of facts, and to seek judicial review once claimant has exhausted administrative appeal. 2. The City Manager shall review and consider the initial determination of the claimant's case in light of: - a. All material upon which the Displacing Agency based its original determination including all applicable rules and regulations, except that no evidence shall be relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross-examine the witness. b. The reasons given by the claimant for requesting review and reconsideration of his or her claim. C. Any additional written or relevant documentary material submitted by the claimant. REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 42 of 45 d. Any further information which the City Manager may, in his or her discretion, obtain by request, investigation or research,to insure fair and full review of the claim. 3. The determination on review by the City Manager shall include, but is not limited to: a. The City Manager's decision on reconsideration of the claim. b. The factual and legal basis upon which the decision is based,including any pertinent explanation or rationale. C. A statement of claimant's right to seek further review of his or her claim by the Relocation Appeals Board and an explanation of the steps the claimant must take toobtain this review. The City Manager shall issue his or her determination of review as soon as possible but no later than forty-five(45) days from receipt of the last material submitted for consideration by the claimant or the date of the hearing,whichever is later. In case of complaints dismissed for untimeliness or for any other reason not based on the merits of the claim,the City Manager shall furnish a written statement to claimant stating the reason for the dismissal of the claim as soon as possible but not later than fifteen(15)days from receipt of the last material submitted by the claimant or the date of the hearing,whichever is later. G. [§10071 Appeals Board Review If the claimant feels that the City Manager's determination following the informal oral hearing, or written review by the City Manager is incorrect or inadequate, he or she may request a formal hearing before a Relocation Appeals Board. To obtain a formal hearing before a Relocation Appeals Board the claimant must request in writing that the City Manager schedule such a hearing. Such request shall be made within the period described in§ 1009. 1. Within fifteen (15) days from the date of receipt of claimant's written request, he or she will be notified of the formal hearing date. If the claimant requests additional time to prepare material for consideration and shows good cause therefor, the hearing date shall be continued to another date. 2. The Relocation Appeals Board shall have the authority to revise the prior determination of the City Manager. REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 43 of 45 3. The Relocation Appeals Board shall, at the time it gives notice of the formal hearing date,notify the claimant that he or she has the right to be represented by an attorney or others at his or her own expense, to present his or her case by oral or documentary evidence; the right to submit oral or documentary evidence; the right to submit rebuttal evidence to conduct such cross examination as may be required for a full and true disclosure of facts; andthe right to seek judicial review once claimant has exhausted administrative appeal. 4. The Relocation Appeals Board shall review the initial determination or the determination made at an informal hearing taking into consideration all material upon which the challenged determination was made, all applicable rules and regulations, the reasons given by the claimant for requesting review,any additional relevant evidence, oral or documentary, submitted by either the claimant or the Displacing Agency's representatives. No evidence may be relied upon by the Relocation Appeals Board where the claimant has been improperly denied an opportunity to rebut evidence or cross-examine a witness. 5. The Relocation Appeals Board shall make its recommendation within six weeks from the date on which the formal hearing is concluded or the date of receipt of the last material submitted, whichever is later. 6. The Relocation Appeals Board's recommendation shall be made in writing and shall contain its recommendation,the factual and legal basis upon which the recommendation is made and a statement informing the claimant of his or her right to seek judicial review. 7. The claimant and the Displacing Agency's governing body shall be promptly served with a copy of the Relocation Appeals Board's recommendation. H. [§ 10081 Determination by City Council/Agency Board . .Upon reviewing the recommendation of the Relocation Appeals Board, the City Manager shall refer the recommendation to the City Counci]JAgency Board at its next regular meeting and the City Council/Agency Board shall thereupon fix a time for considering the matter, which time shall be not less than thirty (30) days from the time the recommendation is delivered to the City Council/Agency Board by the City Manager. On the date thus fixed, or on the date to which the matter shall have been continued,the City Council/Agency Board shall proceed to consider the recommendation of the Relocation Appeals Board and shall make and enter on its minutes its final determination therein, which may confirm, modify, or set aside the findings of the REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 44 of 45 Relocation Appeals Board.The City Council/Agency Board's determination in the matter shall be final and conclusive. The Displacing Agency shall provide a written determination to the claimant. The claimant shall be deemed to have exhausted his/her administrative remedies upon the Displacing Agency taking action upon his/her appeal or the failure of the claimant to timely pursue its rights hereunder. I. [§ 10091 Time Limits A claimant desiring either an informal oral presentation or seeking a formal review and reconsideration, including seeking the review of the Relocation Appeals Board,shall make a request within eighteen(18)months following the later of(i)the date he/she moves from the property or(ii) the date he/she receives final compensation for the property. The City Manager may, but is not required to, extend any of the time limits specified in this Article upon a showing of good cause.Any refusal to waive a time limit may be reviewed in accordance with the procedures set forth in sections 1003 and 1007 above; except that such written request for review shall be filed within ninety (90) days of claimant's receipt of the Displacing Agency's determination. J. 1§ 10101 Review of Files By Claimant The claimant may inspect all files and records bearing upon his or her claim or the prosecution of the claimant's grievance, except to the extent the confidentiality of the material sought or the disclosure thereof is protected or prohibited by law. K [§10111 Effect of Determination Determinations made by the Displacing Agency regarding acquisition and relocation policies and procedures shall be applicable to all eligible persons in similar situations regardless of whether any such eligible person seeks a review. All written determinations shall be filed in the records of the Displacing Agency and available for public inspection. L. 1§ 10121 Rightto Counsel Any claimant has the right to be represented by an attorney at his or her expense at any and all stages of the proceedings set forth in this Article. M. [§ 1013] Further Review If the Displacing Agency, as set forth in § 1008, denies the eligibility of a claimant for a payment,or disapproves the full amount claimed,or refuses to consider the claim on its merits because of untimely filing, or any other ground, the Displacing Agency's notification to the claimant of its determination shall inform the claimant of its reasons therefor, and shall also inform the claimant of the applicable procedures for obtaining further review of this determination. REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING Resolution No. 06-096 Page 45 of 45 N. [§ 10141 Joint Complainants Where more than one person is aggrieved by the failure of the Displacing Agency to refer them to comparable permanent or adequate temporary replacement housing, the complainants may join in filing a single written request for review.A determination shall - be made as herein provided for each of the complainants. O. 1§10151 Judicial Review Nothing in this section shall in any way preclude or limit a claimant from seeking judicial review of a claim upon exhaustion of such administrative remedies as are available under these Rules and Regulations. REMOVED FROM AGENDA - TO COME BACK AT FUTURE MEETING