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HomeMy WebLinkAboutReso 2007-178 - Stillwater Business Park . . RESOLUTION NO. 2007 - 178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE RELOCATION PLAN FOR THE STILLWATER BUSINESS PARK IN THE SHASTEC REDEVELOPMENT PROJECT AREA WHEREAS, the City of Redding and the Redding Redevelopment Agency (Agency) have undertaken the development of the Stillwater Business Park; and WHEREAS, the acquisition of the right-of-way easement for the future widening of Fig Tree Lane will necessitate the displacement of two households within the right-of-way area; and WHEREAS, pursuant to Section 6038 of Title 25, Chapter 6 of the California Administrative Code, prior to a pubic agency proceeding with any phase of a project that will result in displacement, a relocation plan must be prepared and approved by the legislative body in the community where the displacement will occur; and WHEREAS, a relocation plan has been prepared by Overland Pacific Cutler, reviewed by City and Agency staff, and provided to the potential displacees and the public for review. All comments received by the City or Agency during the 30-day review period have been included in the relocation plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding: 1. Finds that the foregoing recitals are true and correct; and 2. Approves the Relocation Plan for the Stillwater Business Park prepared by Overland Pacific Cutler as amended to include comments and responses to comments. I HEREBY CERTIFY that the foregoing resolution was introduced and read at a special meeting of the City Council of the City of Redding on the 20th day of August 2007 and was duly adopted at said meeting by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Jones, Murray, Stegall, and Dickerson None Bosetti None ,a~La~ lck Dickerson, Mayor ~ , .... 11' ATTEST'~" -.,;.,:-- ~ \ . .,.' ~ ." ~ .,..I ..; -'" " >. I .j!;. . ~. :..... ."..., \. \ .... ~ -~;-t -I- ,,-...,t ......, APPROVED AS TO FORM: ~ .5 ~ ~ ~ /'7"'~ -:7 Richard A. Duvernay, City MfOrney c... ~..,' ~. , ...,..... ~...... ; , . . ~~ l AND OVE~FIC & PAClER INC. CUT , STILL WATER BUSINESS PARK PROJECT RELOCATION PLAN REDDING, CALIFORNIA PREPARED FOR CITY OF REDDING DEVELOPMENT SERVICES DEPARTMENT 777 CYPRESS AVENUE REDDING, CALIFORNIA 96001 By OVERLAND, PACIFIC & CUTLER,INC. 8950 CAL CENTER DRIVE, SUITE 102 SACRAMENTO, CA 95826 (916) 857-1520 July 2007 . . INTRODUCTION "'~~:'" The City of Redding ("Agency") is undertaking the Stillwater Business Park Project ("Project") which is located to the East of the Redding Municipal Airport, between Rancho Road to the North, and Fig Tree Lane to the South, in the County of Shasta. (See Attachment 1) For the purposes of economic development, the project will require the acquisition of real property for road widening and utility easements, in coordination with the proposed construction of the Stillwater Business Park. The Agency's goal is to attract new business, jobs and development to the Redding area. As a result this will cause the displacement of persons and/or personal property. This Plan sets forth policies and procedures necessary to conform with statutes and regulations established by the US Code Title 42, Chapter 61 "Uniform Relocation Assistance and Real Property Acquisition Policies Act" of 1970 (URA) and as amended thereafter, and 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") for residential and commercial displacements. The project complies with all of the General Plan guidelines and conforms to the adjacent land uses. There is no foreseen negative impact on the surrounding neighborhood. The Agency will need to acquire a portion of 18 parcels for the project to proceed. As a result, two residential households will have to be permanently displaced for this Project to be completed. The California Relocation Law requires that a Relocation Plan be prepared when residential displacements will occur as part of a public Project. Overland, Pacific & Cutler, Inc. (OPC), an experienced relocation firm, has been selected to prepare this Relocation Plan (the 'Plan'), and will provide all subsequently required relocation assistance for this Project. In compliance with statutory requirements, the Plan has been prepared to evaluate the present circumstances and replacement housing and storage requirements of the current Project occupants. This Plan sets forth policies and procedures necessary to conform with statutes and regulations established by the US Code Title 42, Chapter 61 "Uniform Relocation Assistance and Real Property Acquisition Policies Act" of 1970 (URA) and as amended thereafter, and the California Relocation Assistance Law, California Government Code Section 7260 et seq (the "CRAL") and the California Relocation Page 1 . . Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, Chapter 6, Section 6000 et seq. (the "Guidelines") for residential displacements. A. METHODOLOGY AND ASSESSMENT OF NEEDS To obtain information necessary for the preparation of this Plan, personal interviews were conducted with the current occupants of the Project site June 29, 2007 & July 2, 2007. Inquiries made of the residential occupants included household size and composition, ages of occupants, rental and income information, length and type of occupancy, ethnicity, language first spoken in the home, disabilities/health problems, and preferences related to replacement housing and location. Relocation activities will consider individual household needs to be close to public transportation, employment, schools, public/social services and agencies, recreational services, parks, community centers, or shopping. Relocation Assistance information and assistance will be provided in the primary language of the displaced occupants, in order to assure that all displaced occupants obtain a complete understanding of the relocation plan and eligible benefits. All information of a statistical nature supplied by the households was anecdotal and not validated by documentary evidence that otherwise would be required to comply with relocation qualifying criteria. The Table below shows some of the household occupant's characteristics and needs. Residential Lower Income 2/2 Tenant 2 2 o English Lower Income 2/3 Tenant 2 2 o English As indicated in the previous Table, there are 4 adults and 5 children occupying the 2 households. Overcrowding is not an issue and all households will be referred to appropriate sized units. There were no elderly or disabled occupants residing in either household and the only special needs expressed by one household would be Page 1 . . wanting to live on the outskirts of the city due to air quality issues. The households reported income that fall within the area's income categories as shown above. The 2007 income limits for the "extremely low", "very low", "lower" and "median" income categories, as established by HCD for Shasta County, are shown in Attachment 2. B. REPLACEMENT HOUSING RESOURCES One of the primary purposes of a Relocation Plan is to demonstrate the availability of comparable, affordable, decent, safe and sanitary housing prior to the displacement of residential occupants. A replacement housing survey was made during the Month of July, 2007 to identify available comparable, decent, safe and sanitary units in proximity to the Project site. Based on the results of that survey, which is included as Attachment 3, an adequate number of available comparable units were found to meet the potential needs of the households that will be permanently displaced. C. CONCURRENT DISPLACEMENT Based on the needs of the Project, there is no concurrent displacement, either by this Agency or others, which may impact upon the ability to relocate the Project occupants. D. TEMPORARY RELOCATION There is no anticipated need for temporary relocation. Should such a need arise, the Agency will respond appropriately, and in conformance with all applicable laws and requirements. E. PROGRAM ASSURANCES AND STANDARDS Adequate funds are available to relocate the Project occupants. Relocation assistance services will be provided to ensure that displacement does not result in different or separate treatment of occupants based on race, 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. The occupants will not be permanently displaced without 90 days advance written notice. Displacement of the residential occupants will not occur unless "comparable" replacement housing can be made available. "Comparable" housing includes standards such as: decent, safe, and sanitary, comparable as to the number of Page 3 . . 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 URA, CRAL and the Relocation Guidelines. Pursuant to the Guidelines, a second home shall be considered to be a dwelling only for the purposes of establishing eligibility for payment for moving and related expenses. The Act and Guidelines "do not require that the replacement dwelling be generally as desirable as the acquired dwelling with respect to environmental characteristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse environmental conditions, neither is a public entity required to duplicate environmental characteristics, such as scenic vistas or proximity to the ocean, lakes, rivers, forests or other natural phenomena." F. RELOCATION ASSISTANCE PROGRAM OPC staff is available to assist the displaced tenants with questions about relocation and/or assistance in. relocating Relocation staff can be contacted toll-free at 1-(800) 385-0244 from 8:30 a.m. to 5:00 p.m Monday through Friday, and also available on- site by appointment. The Relocation Office is located at 8950 Cal Center Drive, Suite 102, Sacramento, CA. 95826 A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the tenants being displaced. Specific activities will include: 1. Distribution of informational statements. Attachment 4 contain a sample of the informational notices that will be given to the displaced occupants. 2. Timely referrals to replacement dwelling 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 and appeals forms, if necessary. G. RELOCATION BENEFIT CATEGORIES Page 4 . . Benefits will be provided in accordance with URA, 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 Agency will provide appropriate benefits for the displacees as required by the above laws and requirements. 1. Residential Movina EXDense Pavments The subject household will be eligible to receive a payment for moving expenses. The payment will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. a) Fixed Pavment - A fixed payment for moving expenses based on the number of rooms containing fumiture or other personal property to be moved. The fixed moving payment will be based upon the most recent Federal Highway Administration schedule maintained by the California Department of Transportation, as indicated in Attachment 5. -OR- b) Actual Reasonable Movina Exoense Pavments - The displaced tenants may elect to have a licensed, professional mover perform the move; if so, Agency 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 a reimbursement to the displaced tenants. 2. Rental Assistance/Down Pavment Assistance Residential displacees are considered eligible for relocation assistance and benefits if they have established residency within the Project site for a minimum of 90 days prior to the "initiation of negotiations" the date the Agency makes the first written offer to purchase the property from the current property owner and are eligible for both Rental Assistance and Moving Expense Payments. The estimated date of "initiations of negotiations" for this project is June, 2007 For residential displacees, except in the case of Last Resort Housing situations, as defined below, 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 tenants may opt to apply the amount to which they are entitled toward the purchase of a replacement unit. 3. Last Resort Housina Page 5 . . Based on the survey results, it appears that an adequate number of "comparable replacement housing" units will be available at the time of displacement to meet the needs of the displaced tenants. "Last Resort Housing" payments are authorized by statute if affordable "comparable replacement housing" cannot be located for the displaced tenant household (Le., housing renting for not more than 30% of the household's gross monthly income). In this case, payments may be made beyond the $5,250 statutory cap up to forty-two (42) months' worth of rental assistance. Any supplemental increment beyond $5,250 will be paid in installments or in a lump sum at the discretion of the Agency. H. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the Agency within eighteen (18) months from the date the claimants moves from the displacement property. Procedures for preparing and filing of claims and processing and delivering of payments are included in this Plan as Attachment 6. The affected households will not be displaced until "comparable" housing is located as defined above. Relocation staff will pre-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. I. EVICTION POLICY After acquisition of the property, the occupants will become tenants of the Agency. The Agency 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 displacees refuse all reasonable offers to move. Eviction will not affect the eligibility of a person legally entitled to relocation benefits. J. APPEALS POLICY The appeals policy will follow the standards described in Section 6150 et seq. of the Guidelines. Briefly stated, the displaced tenants will have the right to ask for review when there is a complaint regarding any of their rights to relocation and relocation Page 6 . . assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. K. PROJECTED DATES OF DISPLACEMENT Relocation is expected to be completed on or about September 01, 2007. L. Estimated Relocation Costs Funding for relocation costs will be provided by the City of Redding. Any and all required financial assistance will be provided. The anticipated budQet for relocation benefits and consultant fees is approximately $ 40,000.00. The Agency pledges to appropriate the necessary funds on a timely basis to ensure the successful completion of the project. This estimated relocation budQet does not include administrative services or provision for any other services necessary for the implementation of the Plan and Project. Page 7 . . TABLE OF ATTACHMENTS Attachment 1: Project Site Map Attachment 2: HCD Income Limits for Shasta County 2007 Attachment 3: Replacement Housing Survey Results Attachment 4: Sample Informational Statement - Residential Attachment 5: Residential Fixed Moving Payment Schedule Attachment 6: Relocation Payment Policy and Procedures for Relocation Payments and Assistance Page 8 . . '" TTACHMENT 1: PROJECT SITE MAPS ;~ ~~!~ ) --j -I '" )\ -=>1 )-~". -I ~: '~j II 'L " L ij i\ '\ ~ ; !-~! ...BCJn~ .--~r--J9T_'" Ln~..J::;.-r=--=-~r- -vvy 0, I, '" "'" I;' = '=M"-'~=~i~, i ~ ~ SOOn> "'~. J~' 5 lj 'fl I ~\ 1000" 'l ~ C>Y.hoo!.200,..o.~ONavteQ~ ~ ;~ r HiE j t . . t , - " .., , 1;>2007 Yahoo' Inc. , Data 1;>2007 Navteq, TelOAtlas _. ;.. - -' ; . - _..... 'l... . Page 9 . . ATTACHMENT 2 H.C.D. STATE INCOME LIMITS FOR 2007 SHASTA COUNTY The following figures are approved by the State Department of Housing and Community Development for use in Shasta County to define and determine housing eligibility by income level. HCD ANNUAL INCOME LIMITS BY CATEGORY -SHASTA COUNTY (2007) Area Four Person Median: $52,700 Family Extremely Very Low Lower Median Moderate Size Low Annual Annual Annual Annual Annual Income Income Income Income Income One Person 11,050 18,450 29,500 36,900 44,200 Two Person 12,650 21,100 33,700 42,200 50,600 Three Person 14,200 23,700 37,950 47,400 56,900 Four Person 15,800 26,350 42,150 52,700 63,200 Five Person 17,050 28,450 45,500 56,900 68,300 Six Person 18,350 30,550 48,900 61,100 73,300 Seven Person 19,600 32,650 52,250 65,300 78,400 Eight Person 20,850 34,800 55,650 69,600 83,400 Figures are per the Department of Housing and Community Development (California), Division of Housing Policy Development, April 07 Page 10 . . ATTACHMENT 3: REPLACEMENT HOUSING SURVEY RESULTS ~vailatile Rental Resources 2 Bedroom 2 5 $750-$850 Page 11 Attachment 4 . . INFORMATIONAL STATEMENT FOR FAMILIES AND INDIVIDUALS M.. GENERAL INFORMATION II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING III. MOVING BENEFITS IV. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS V. SECTION 8 TENANTS VI. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS VII. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS VIII. LAST RESORT HOUSING ASSISTANCE IX. RENTAL AGREEMENT X. APPEAL PROCEDURES - GRIEVANCE XI. TAX STATUS OF RELOCATION BENEFITS XII. LEGAL PRESENCE REQUIREMENT XIII. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE I. GENERAL INFORMATION The building in which you now live is in an area to be improved by the City of Redding (Displacing 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 and/or state law. We suggest you save this informational statement for reference. ~~ OVERLA & elF I e PA LER INC. e U T , . The Agency has retained the services of Overland, Pacific & Cutler, Inc., a qualified professional relocation firm, to assist you. The firm is available to explain the program and benefits. Their address and telephone number is Overland, Pacific & Cutler, Inc. 8950 Cal Center Drive, Suite 102 Sacramento, CA 95826 Telephone: (800) 385-0244 Spanish speaking representatives are available. Si necesita esta informacion en Espanol, por favor Harne 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 Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits which you may be entitled to receive. Once the Agency acquires the property, you will also be required to pay rent to the Agency. Residential ['!formational Statement -RI-OIF(6/0S) Page 12 II. ASSISTANCE IN LOtTING A REPLACEMENT DWELLING · 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 $375 for one furnished room to $2,000 for eight rooms in an unfurnished dwelling. (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 1 room 2 rooms 3 rooms 4 rooms 5 rooms 6 rooms 7 rooms 8 rooms each additional room $625.00 $800.00 $1,000.00 $1,175.00 $1,425.00 $1,650.00 $1,900.00 $2,150.00 $225.00 Occupant does NOT own furniture 1 room $400.00 each additional room $65.00 If you select a fixed payment, you will be responsible for arranging for your own move and the Agency will assume no liability for any loss or damage of your personal property. 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 Residential Jriformational Statement -RI-OIF(6105) Page 13 moving bids (if a. which may be required, and ass.ou 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 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 at 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 42 month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or 30% of your gross monthly household income if the amount is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for the Public Housing and Section 8 Programs. 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. SECTION 8 TENANTS When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. As outlined above, you will be provided counseling and other advisory services along with moving benefits. In addition, the Agency will pay the cost of any security deposit required to rent a Section 8 approved replacement dwelling unit, and will also cover any required credit checks fees. VI. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS A. If you owned and occupied a dwelling purchased by the Agency for at least 180 days prior to the first offer to purchase, you may be eligible to receive a payment of up to $22,500 to assist you in purchasing a comparable replacement unit. If you owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the date of the Agency's offer to purchase, you may be eligible for a payment of up to $5,250. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Residential Informational -Rl-O/F(6105) Statement Page 14 Agee as necessary to purchase a compaee replacement dwelling. Your relocation representative will explain both methods to you. 2. Mortgage Interest Differential - The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation representative will explain limiting conditions. 3. Incidental Expenses - Those one time costs incidental to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner-occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to $5,250. The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. VII. 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 fmal payment for the displacement dwelling, or, in the case of condenmation, the date the full amount of estimated just compensation is deposited in court, 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 18 months from the date on which you receive final payment for your property, or the date on which you move, whichever is later. VIII. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Agency will provide Last Resort housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort housing assistance is based on the individual circumstances of the Residential Informational Statement =R1-0IF(6105) Page 15 . . 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. IX. 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 certain 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 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; B. Performance of dangerous illegal act in the unit; C. Material breach of the rental agreement and failure to correct breach within 30 days of notice; 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; or F. The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part ofthe public entity. X. 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. XI. 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, Residential Informational Statement =Rl-OIF(6IOJ) Page 16 . . Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. XII. LAWFUL PRESENCE REQUIREMENT Pursuant to the Public Law 105-117 of 11-21-97, 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 US. XIII. 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 -Rl.01F(610J)' . A TT ACHMENT 5: RESIDENTIAL FIXED MOVING ,Fe PAYMENT SCHEDULE ,; . . A TT ACHMENT 6: RELOCATION PAYMENT POLICY AND" PROCEDURES FOR OBTAINING RELOCATION ASSISTANCE AND PAYMENTS Claims and supporting documentation for relocation benefits must be filed with the Agency within eighteen (18) months from the date the claimant moves from the acquired property. 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 the URA and the California Relocation Law and Guidelines. 3. Required claim forms will be prepared by relocation personnel in conjunction with c1aimant(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 for pick-up by Claimants, unless circumstances dictate otherwise. 6. Final payments will be issued after confirmation that the Project area premises have been completely vacated and actual residency at replacement unit is verified. 7. Receipts of payment will be obtained and maintained in the relocation case file. . ADDENDUM NO.1 As required by the California Relocation Assistance Law, the Relocation Plan was made available for review and written comments by the general public and the affected occupants for a period of 30-Days. marks the end of the 30-day period for the submission of any written comments to the Relocation Plan. No comments were received by the Relocation Consultant, or the Agency. In the absence of any written comments, this Relocation Plan as presented is to be considered the Final Document to be adopted by the City of Redding.