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HomeMy WebLinkAboutRES NO 173-02RESOLUTION NO. ]. 7 3 ' 0 ~ A RESOLUTION APPROVING THE RELOCATION PLAN FOR THE OLD TOWN KERN MIXED-USE PROJECT. WHEREAS, the Old Town Kern-Pioneer Redevelopment Project Area ("Project Area") was established by the Bakersfield City Council in June, 1999; and WHEREAS, the Old Town Kern-Pioneer Redevelopment Plan was adopted by the Bakersfield City Council at the same time; and WHEREAS, one of the goals of the Old Town Kern-Pioneer Redevelopment Plan is to eliminate blight and encourage development in the Project Area; and WHEREAS, as such, the City of Bakersfield, the Bakersfield Redevelopment Agency, and developers are proposing developing a senior housing project and commercial development in the Project Area ("the Old Town Kern Mixed-Use Project"); and WHEREAS, if the Old Town Kern Mixed-Use Project is approved, a number of Iow- and moderate-income residential units will be eliminated from the housing stock forcing the residents to be relocated; and WHEREAS, if the Old Town Kern Mixed-Use Project is approved, several businesses and non-profits will need to be relocated; and WHEREAS, California law requires a public entity to ensure that any displaced resident will be relocated to a decent, safe and sanitary replacement dwelling unit and that the project will not proceed unless there are such dwelling units available; and WHEREAS, to ensure that displaced residents, businesses and non-profits will have appropriate replacement properties in which to relocate, the Bakersfield Redevelopment Agency and the Bakersfield City Council must adopt a relocation plan; and WHEREAS, on October 7, 2002 the Bakersfield Redevelopment Agency adopted the relocation plan for the Old Town Kern Mixed-Use Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals are true and correct; The relocation plan attached hereto as Exhibit "A" is hereby approved to be implemented should the Old Town Kern Mixed-Use Project be approved and proceed. S:~Agreement\reloplan otk mixeduse cc.doc October 3, 2002 Page 1 of 2 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted_by the Council of the City of Bakersfield at a regular meeting thereof held on OCT 1 6 200Z , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER I'd~''~ ~'-~ ABSTAIN: COUNClLMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio C~rk of the Council of the City of Bakersfield APPROVED: OCT 16 ZOO?- Mayor APPROVED AS TO FORM: BART J. THILTGEN CITY ATTORNEY JANICE SCANLAN Deputy City Attorney S:~Agreement\reloplan otk mixeduse ce.doc October 3, 2002 Page 2 of 2 September 2002 Relocation Plan for the Old Town Kern Mixed-Use Project Bakersfield Redevelopment Agency and City of Bakersfield Old Town Kern-Pioneer Redevelopment Project Area EXHIBIT NO.. TABLE OF CONTENTS INTRODUCTION ............................................................................................................. 1 PROJECTED DATE OF DISPLACEMENT ..................................................................... ESTIMATED COST AND FUNDING FOR RELOCATION .............................................. 1 ADMINISTRATIVE ORGANIZATION .............................................................................. 2 CITIZEN PARTICIPATION ............. 3 RELOCATION STANDARDS ............ 4 RESIDENTIAL RELOCATION NEEDS AND CHARACTERISTICS ................................ 8 OBTAINING RELOCATION HOUSING ........................................................................... 9 RELATIONSHIPS WITH SITE OCCUPANTS ...............................................................11 REPLACEMENT OF RESIDENTIAL HOUSING RESOURCES .................................... 14 ANALYSIS OF RELOCATION RESOURCES ............................................................... 14 ASSISTANCE TO BUSINESSES AND NON-PROFIT ORGANIZATIONS .................... 15 VACATE NOTICES ....................................................................................................... 16 RELOCATION PAYMENTS ........................................................................................... 16 RESIDENTIAL RELOCATION PAYMENTS .................................................................. 17 NON-RESIDENTIAL RELOCATION PAYMENTS ......................................................... 19 FILING CLAIMS FOR RELOCATION PAYMENTS ....................................................... 20 ADVANCED PAYMENTS .............................................................................................. 21 DOCUMENTING CLAIMS ............................................................................................. 21 GRIEVANCE PROCEDURES .... 22 TEMPORARY MOVES .................................................................................................. 22 INTRODUCTION When it becomes necessary to acquire property to permit new development, the relocation of homeowners, tenants, businesses and non-profits often becomes necessary. This Plan and method of relocation sets forth implementation procedures for the fair, uniform and equitable treatment of persons displaced from their homes and businesses when acquisition occurs. It identifies the administrative requirements for conducting relocation and sets forth relocation standards, occupancy standards, methods for obtaining other housing, payments available and other related provisions of relocation practices. All redevelopment projects undertaken by the City of Bakersfield and the Bakersfield Redevelopment Agency are consistent with policies approved by the City of Bakersfield, as well as with State and or Federal guidelines, as appropriate. The City of Bakersfield ("City") and the Bakersfield Redevelopment Agency ("Agency") propose to assist in the development of the Old Town Kern Mixed-Use Project by assisting in assembling an area of approximately 6.5 acres of approximately 3 residential households or household groups, 2 businesses and 1 non-profit organization. The area is bounded by Kern Street on the west, King Street on the east, Kentucky Street on the south and Lake Street on the north. PROJECTED DATE OF DISPLACEMENT The acquisition of the proposed Old Town Kern Mixed-Use Project properties is expected to start in the Spring/Summer of 2003. The relocation period is also expected to begin in Spring/Summer 2003. ESTIMATED COST AND FUNDING FOR RELOCATION The estimated cost for relocation of the previously referenced number of residential and non-residential occupants is as follows: Estimated cost of Relocation: $250,000 - $500,000 4. Source of Funds: Bakersfield Redevelopment Agency, City of Bakersfield, Brownfields Economic Development Initiative, Section 108 HUD funds Adequate funding to relocate all the households, businesses and non-profit is in the process of being secured. 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. Page 1 of 19 ADMINISTRATIVE ORGANIZATION 1. Responsible ARency The City and Agency are the local public agencies which are responsible for the relocation of individuals, families, businesses and non-profits that are to be displaced by redevelopment activities. The City and Agency will meet their rehousing responsibilities through the use of their staff, supplemented by assistance from local realtors, social service agencies and civic organizations. The City and Agency will coordinate their activities with those of other agencies and bodies, as detailed in various sections of this Plan. 2. Staff The City and Agency have staff that is responsible for developing and administering the programs for rehousing all site occupants who are required to move by redevelopment activities. The City and Agency expect to assign staff members to the Project. If necessary, additional staff will be transferred to this Project. It will be the field staff who will assure the successful relocation of families, individuals, businesses and non-profits. 3. Staff Functions The role of City and Agency staff is to: Interpret the City's and Agency's program for all site occupants and the general public, so as to enlist their understanding and support; and to answer questions about the Project and its effect upon site occupants. Enlist the cooperation of real estate agents, home builders, property management firms, social agencies, civic groups and others in locating suitable relocation accommodations for displacees. Locate, inspect and evaluate, or stimulate the development of housing facilities to meet the needs of all project residents; and refer and otherwise assist site occupants to secure housing which they require. Secure priority consideration for persons eligible for and desiring affordable, available housing, ownership housing, subsidized and Section 8 rental housing, properties acquired by the City and Agency for rehabilitation, and any other housing to which displacees are first entitled, and otherwise expedite their placement. Assist prospective home buyers in obtaining appropriate mortgage financing and advise them of special FHA, VA and other aid available. Page 2 of 19 Make referrals to community, social welfare and other appropriate agencies, and work with these agencies on an individual basis to help in the solution of specific problems affecting the relocation of individuals or groups of relocatees. Maintain liaison services among businesses, site occupants, and commercial property brokers, realty boards, Chambers of Commerce, the Small Business Administration, lending institutions and other appropriate resources for advice and assistance in effecting their satisfactory relocation. Assist site occupants in preparing claims for relocation payments and administer the program providing costs of moving, storage, and/or direct loss of property; and, for those eligible therefore, provide payments in lieu of moving expenses and direct property loss, replacement housing payments and reimbursements of other related charges. Coordinate relocation and community organization activities with all other City and Agency operations. Maintain relocation records and prepare reports as required by the U.S. Government, State of California and City of Bakersfield. CITIZEN PARTICIPATION The City and Agency are interested in fostering a high degree of participation by affected persons, businesses, neighborhood organizations and others in the proposed Old Town Kern Mixed-Use Project area. For this purpose, the City and Agency plan to: · Prepare and distribute information in both English and Spanish. RELOCATION STANDARDS It is the City's and Agency's objective that all site residents are re-housed with a minimum of hardship to comparable replacement dwellings which satisfy the following: Be decent, safe and sanitary and comparable but not lesser in the quality of construction. · Be in an area not subject to adverse environmental conditions; Be at least comparable to but no less desirable than the acquired dwelling with respect to utilities, public and commercial facilities, schools, services and employment; Page 3 of 19 Be available to the displaced person without regard to race, color, sex, religion or national origin; Be within the financial means of the displaced person, including, but not limited to, comparable interest rates, property taxes and other recurring housing costs. The standards set forth below have been established by the City and Agency to achieve these objectives. No residential occupant will be displaced without having been offered housing which meets these standards. Only housing which qualifies as standard under provision of the local housing code will be used as a relocation resource. The following standards apply in measuring the quality and suitability of the housing to be offered by the relocation staff to a site occupant, or that which a self-relocatee has selected on his or her own initiative. 1. Physical Standards The roof, the exterior walls, windows and doors shall be weatherproof and water tight, and in safe, sound condition and good repair. The foundation, the interior walls and doors, and the ceilings and floor shall be in safe, sound condition and good repair. Every stainNay, exit door, fire escape and elevator shall be in safe, sound condition, in good repair and free from obstructions. Except in the case of concrete floor slab construction, the clearance between the ground and the floor joints shall be not less than 18" and such under floor area shall be properly vented. All portions of a lot about or under a building shall be adequately drained, and together with the building and parts thereof, shall be clean, free of rubbish and of health, fire and safety hazards. Every building shall be connected to the public water supply and sewers or septic tank, and every plumbing fixture, water and waste pipe shall be installed in an approved manner, sanitary and in good working condition. Every dwelling unit shall have adequate heating facilities which are installed in an approved manner, are safe and in good working condition. Every dwelling unit shall be supplied with adequate electric wiring, convenience outlets and fixtures, which are installed in an approved manner, which are safe and in good working condition. Page 4 of 19 o Every dwetting unit shall have a private lavatory and bathtub or shower, with hot and cold running water, and a suitable bathroom or compartment. Rooms including these fixtures shall have adequate light and ventilation. Every dwelling unit shall have a private kitchen containing no less than 50 sq. ft. of floor area, a sink with hot and cold running water and adequate light and ventilation. Every sleeping room shall contain not less than 90 square feet of superficial floor area and at least one window opening directly to the outside. If more than two persons occupy a sleeping room, and additional 60 sq. ft. of superficial floor area shall be required for each additional person. (See Occupancy Standards) A cellar or unfinished attic shall not be used for living, sleeping, cooking or eating purposes. In any basement space used for living purposes, the walls and floors which are below ground level shall be waterproofed and damp-proofed. Every room used for living purposes shall have not less than an 8' ceiling height and a window area of not less than 12 sq. ft. or 1/8 of the floor area, whichever is greater. Evidence shall be provided that, where required by ordinance or code, valid certificates of occupancy and health permits have been obtained. Occupancy Standards An otherwise standard dwelling may not be considered as standard for a specific family, unless it provides adequate sleeping space for all the family members. Living rooms should not be considered t~or sleeping purposes, except in the case of an efficiency or studio apartment. Except for a couple and children under six years of age, all occupants of a sleeping room should be of the same sex. The following standards will be considered as a guide in determining sleeping space needs for a family, always bearing in mind that the age, sex and relationship of the individual family members, or health factors, may cause some variance. Page 5 of 19 Number of Bedrooms 0 1 2 3 4 5 Minimum Number Maximum Number Of Occupants Of Occupants 1 2 1 3 (if child under 3 years of age) 2 4 4 6 6 8 8 10 In most cases, households are underhoused. In their relocation, they are moved into housing adequate to the family size. In a few cases however, households may currently be in units which are, in stdct conformance with the standards, larger than they require. These households can choose either to be relocated into a unit of the same size that they moved from, or if they prefer, to relocate into a smaller unit which meets the household size requirement. Standards for Displacee's Ability to Pay The relocation staff will give consideration to the particular financial situation of each family or individual and will seek the site occupant's concurrence in the final determination of what they can afford to pay for housing. Every effort will be made to maintain the lowest possible ratio of housing cost to income which, at the same time, provides the relocatee adequate housing. The City and Agency will counsel displacees to relocate into housing which is affordable. As a general rule, displacees are usually able to pay gross monthly rentals based on the following criteria: A replacement dwelling is within the financial means of a displaced person if the monthly housing cost (including payment for mortgage, insurance and property taxes) or rental cost (including utilities and other reasonable recurring expenses) minus any replacement housing payment available to the displaced person does not exceed thirty percent (30%) of the displaced person's average monthly income, or such other ratio as established by law. A replacement dwelling is within the financial means of a displaced person if the purchase price of the dwelling including related increased interest costs and other reasonable expenses does not exceed the total of the amount of just compensation provided for the dwelling acquired and the Replacement Housing Payment available to the displaced person. Page 6 of 19 4. Environmental Standards It will be the City's and Agency's policy to refer displaced families and individuals to dwelling units located in an area not subject to unreasonable, adverse environmental conditions, natural or man-made; not generally less desirable than the location of the acquired dwelling with respect to public utilities and services, schools, churches, recreation, transportation and other public and commercial facilities and within reasonable proximity to the displacee's present and potential place of employment. If a dwelling which satisfies these standards is not available, the City and Agency may consider a dwelling which exceeds them. 5. Temporary Housing Standards The City and Agency do not anticipate relocating displacees on a temporary basis. However, should temporary housing become necessary, the following standards would apply: Housing not meeting the City's and Agency's established standards for permanent relocation will not be used for emergency temporary housing. In no event will the temporary housing offered by the relocation staff be of a less desirable character than that from which the site resident is being moved, and such temporary housing shall be in a safe and habitable condition. Temporary relocations made by the City and Agency will not diminish the City's or Agency's obligation with respect to the displacee's permanent relocation. The necessary costs incurred in temporary moves made at the direction of the City and Agency will be paid in accordance with HUD and/or State of California relocation directives, as appropriate. -' If a self-relocatee moves into substandard housing and declines, without satisfactory reason, to accept standard housing to which he or she is referred, it will be considered that the City's and Agency's responsibility to the relocatee has been discharged, but only after claimant has signed a statement of release to the City or Agency. RESIDENTIAL RELOCATION NEEDS AND CHARACTERISTICS The proposed project will affect 3 residential units: all tenant-occupied. Through a preliminary survey and personal contact, the following characteristics and needs of the residents have been established: Page 7 of 19 · There are approximately 3 families or family groups which will be displaced. · households re · 3 households re · households re · households re · households re · households re )orted an )oded an )orted an )orted an )orted an aorted an income of $5,000 or less; income of $5,000 to $10,000 ~ncome of $10,000 to $15,000; ~ncome of $15,000 to $20,000; ~ncome of $20,000 to $25,000; and income over $25,000. This information is preliminary and will be verified as the process of relocation progresses, but currently indicates that most of the residents will be entitled to Rental Assistance Payments. Some residents probably will also be eligible for other subsidized housing through such programs as section 8 of the Federal Housing Program. The City and Agency will meet the above needs of displaced residents by relocating them into replacement housing that meets their bedroom needs and is affordable, with the provision of Rental Assistance Payments as necessary. No person will be displaced without being referred to housing which is standard and which is within the financial means of the displacee. The City and Agency will obtain Iocational preferences and attempt to find suitable housing within the areas expressed. Special attention will be paid to families with school- aged children in an attempt to provide relocation housing with as little disruption of the school year as possible. The City and Agency will use bilingual relocation specialists as needed in order to counsel displacees and facilitate placement. Throughout the relocation process, personalized attention is afforded to all displacees, including those special needs such as the elderly and the handicapped. In addition, the City and Agency will provide transportation to assist in looking for replacement housing, refer those in need to appropriate social agencies, and assist in the preparation of claims with such services as notarization and translation. OBTAINING RELOCATION HOUSING 1. Private Housing For several years, the City and Agency have received excellent cooperation from owners, realtors, multiple listing bureaus, property management firms and others offering a wide vadety of private standard housing for rent or for sale. Based principally on this relationship, over a period of time there has been made available a supply of housing for use in carrying out the City's and Agency's relocation program. This relationship has been continually strengthened through the years and is expected to continue. City and Agency access to housing remains open when units are available. Page 8 of 19 The City and Agency will obtain and maintain current listings of standard rental and sale properties which are appropriate for relocation and which are available on a non-discriminatory basis. Information on the size, rental or sale price, financing terms and location of available units will be given to displacees seeking referrals, and, as necessary the relocation staff will provide transportation or otherwise assist the site resident in his search for housing. 2. City or A.qency Assisted HousinR Projects or Pro.qrams The City and Agency are actively involved in the production of affordable housing and in affordable housing programs. Displacees will be given priority consideration in obtaining a unit assisted by the City or Agency and will be provided information and assistance in accessing and City or Agency programs. 3. Subsidized Housin.q The Housing Authority of the County of Kern grants displacees priority in placement and has facilitated application and referral procedures. Special income limits are established by the Authority for admission of eligible displacees. Subsidized housing is a relocation housing resource. No displacee will be initially offered such housing, however, unless they have moved from subsidized housing or have requested subsidized housing. 4. Special RehousinR Problems The relocation staff will interview the occupants to obtain information pertinent to special rehousing and social needs of the individual or family. Particular efforts will be made to anticipate and aggressively seek solutions for problems of individuals or groups of displacees among the eldedy, Iow income, large families, physically handicapped and unemployed. The City and Agency will work cooperatively with other groups and agencies, make appropriate referrals, and otherwise obtain for displacees the assistance essential to their successful rehousing. RELATIONSHIPS WITH SITE OCCUPANTS 1. Informational Pro,qrams The City and Agency have and will continue to use personal interviews and contacts, general mailings, distribution of informational material and group and public meeting to provide information in Spanish and English and answer questions and require regular staff attendance at meetings of vadous groups, etc. All of these efforts will be continued throughout the project Page 9 of 19 period to ensure that each site occupant is fully informed as to the time schedules, relocation program, opportunities for relocation housing, relocation services and aids available to him and her. Interviews with Site Occupants Within a reasonable time following the initiation of negotiations all project displacees will be informed as to availability of relocation benefits and assistance and the eligibility requirements therefore, as well as the procedures for obtaining such benefits. The City and Agency have already begun to inform project displacees of these rights and benefits through the City's and Agency's Informational Program discussed above. As soon as practical after the first offer to pumhase property, the relocation specialists and other staff will talk with families and individuals occupying the premises. The interviewer will discuss and explain the contents of the Informational Statement, and relocation Housing Standards which will be delivered to occupants. The relocation staff will also update any information obtained in prior interviews with the site occupants and ascertain precise relocation needs and problems. On this basis, the site occupant will be assisted in formulating and carrying out a relocation plan. This is the beginning of personalized relocation services and, as necessary, the site occupant may be referred to appropriate agencies or resources for special services. Housin.q Referral Services The procedure for the referral of suitable relocation housing will be essentially one of personal contact, liaison, and assistance by the Relocation Staff. The staff will work closely with displacees until they are permanently rehoused, offering housing which meets displacees' needs, and encouraging them to find suitable housing on their own initiative. The Relocation Staff will maintain classified listings of private rental and sales housing which staff has previously inspected and certified as meeting the City's and Agency's relocation housing standards, which is available on an open-occupancy basis, and which is not planned for clearance in the foreseeable future. Listings of vacancies will be provided to the displacees, and arrangements will be made to inspect the housing and, if necessary, transportation will be provided and/or they will be accompanied on the inspection. Displacees will be provided further referrals if, for reasonable cause, they are unable to accept an offered unit. The same procedure will be followed when a self-relocatee is found to be occupying sub-standard housing. Page 10 of 19 Site occupants who qualify or potentially qualify will be informed of the availability of VA and FHA-acquired properties, and of any section 8 or federally or state subsidized housing which meets their needs and for which they may be eligible. Those residents appearing eligible and interested in public housing or section 8 housing will be referred to the Housing Authority and otherwise assisted in expediting their applications and placement. If interested and eligible for other subsidized housing, they will be referred to appropriate sponsor/owner of such housing and assisted in making the application. In turn, the Housing authority will be requested to keep the City and Agency advised of actual or anticipated vacancies, in order that they may be utilized for eligible site residents. Inspection of Relocation HousinR All housing to be offered site residents will be inspected by the relocation staff in advance, and only those meeting the City's and Agency's established standards would be considered for permanent relocation. Housing occupied by relocatees moving outside the City of Bakersfield will be inspected, when possible, by the redevelopment agency of that city or county or by its building and safety department. When this is not possible, the relocatee will be required to sign a certificate certifying that the dwelling meets City's and Agency's housing standards and such self-relocation will be considered as permanent. Self. Relocatees Displacees finding their own housing will be urged to notify the City or Agency in advance so that the selected housing may be inspected beforehand. However, should the displacee move without giving notice or leaving a forwarding address, every effort will be made to locate the displacee promptly to determine the quality of relocation housing and to assure an understanding of the relocation assistance entitlement. Tracing efforts will not be abandoned until appropriate contacts with the post office, utility companies, schools, employers, etc., have been made without success. If, upon inspection, the housing occupied by a self-relocatee is found to be below standard, such relocation will be considered temporary, the occupant will be advised accordingly and offered standard housing. If the displacee refuses to accept further assistance, the obligation of the City and Agency will be considered fulfilled. In such instances, the matter may be referred to the Building Department with the objective of bringing the housing into conformity with local codes. Page 11 of 19 6. Referrals to Social A.clencies The relocation services offered by the City and Agency will be supplemented by those qualified professionals for seeking and achieving solutions to the social and economic problems that may interfere with the successful relocation of a specific displacee or group of site occupants. 7. MortRa.qe Financin.q Assistance For relocatees who qualify or potentially qualify, the City and Agency will explain procedures, make referrals, and give full assistance to prospective home purchasers in obtaining mortgage financing under the most favorable terms, with particular emphasis on the VA and FHA mortgage insurance programs. 8. Compliance with Civil RiRhts Act of 1968 The City and Agency will take positive action to assure displacees are given full opportunity to obtain the housing of their choice throughout the Bakersfield area, where housing of their choice is available, in accordance with Title VII of the Civil Rights Act of 1968. In an effort to assure that displacees are receiving equal treatment in their choice of housing regardless of race, color, sex, religion, national origin, or ancestry, the City and Agency shall: Make full use of HUD acquired properties; multiple listing services, and real estate management and brokerage services; Cooperate fully with human relations organization, social, civil, religious and other groups involved in facilitating freedom of choice of housing. REPLACEMENT OF RESIDENTIAL HOUSING RESOURCES The City and Agency have an obligation to provide housing to replace the units that will be removed form the market place. More details on the replacement housing is available in the Replacement Housing Plan for the Old Town Kern Mixed-Use Project. ANALYSIS OF RELOCATION RESOURCES The City and Agency have engaged in preliminary investigations to determine the general adequacy of the housing supply that will be called upon during the relocation of residents from the proposed Old Town Kern Mixed-Use Project site. Because the acquisition of property and the relocation of residents will occur over a period of some months, the particular vacancy listed may not exist at the time of relocation. Thus, the Page 12 of 19 information below is not meant to serve as a definitive assertion of availability, but rather as an indicator of a general trend. Because initial displacement is not anticipated until the fall or winter of 2002, it is highly unlikely that the specific units listed below will be available when needed. The intent of this listing, however, was to confirm that Bakersfield does have a continuing and adequate supply of housing that should be available when relocation will be taken place. No. Of Bedrooms Type Price Range 1 Apartment $300-$400 2 Apartment $350-$600 3 Apartment $475-$725 2 House $465-$565 3 House $635-$1250 4 House $985-$1500 No. Of Bedrooms Type 2 Condo 3 Condo 2 House 3 House Price Range $49,000-$60,000 $53,000-$76,000 $29,000-$93,000 $60,000-$106,000 At the time of actual displacement, the City and Agency will engage in an exhaustive effort to find as many referrals as needed to properly place residents. Housing referred by staff will have been inspected to ensure housing standards are met prior to referral. ASSISTANCE TO BUSINESSES AND NON-PROFIT ORGANIZATIONS Displaced businesses, institutions and non-profit organizations will be personally interviewed to determine their relocation needs and preferences,-provided general and special informational material, assisted in finding other locations within or outside the project area, and referred to other groups or agencies for assistance in expediting their satisfactory relocation, and assisted in preparing relocation claims. As the situation dictates, the relocation staff will refer these site occupants to and maintain liaison with the Small Business Administration, trade associations, chambers of commerce, lending institutions, real estate agencies, and multiple listing realty boards, in order that they may be assisted on a non-discriminatory basis in obtaining suitable relocation premises, financial help and guidance in re-establishing their operations. The relocation staff shall maintain current listings of both rental and sales properties from which to assist displaced businesses in selecting relocation sites. Advisory services and assistance will be provided to business concerns. Page 13 of 19 The offices of the Small Business Administration and of the Economic Development Administration will be informed of the Project activities and requested to work with the City and Agency and businesses in extending their assistance. Information about similar agencies will be available from the relocation staff and referrals to them and to others who can assist business displacees will be made with the same consistency and comprehensiveness as referrals of residents to social service agencies. VACATE NOTICES After the Developers', the Agency's, or the City's offer to purchase the property, the site occupants will be advised as to tentative vacate schedules so that they may plan ahead and have sufficient time to obtain relocation accommodations. Every effort will be made to secure the site occupant's cooperation in relocation and payment of rent to the City or Agency. When a specific vacate date is determined, the City or Agency will give at least a ninety (90) day Notice to Vacate prior to the desired vacate date. The City and Agency will undertake eviction proceedings only under the following circumstances: Failure to pay rent. Maintenance of a nuisance or use of the premises for illegal purposes. A material breach of the rental agreement. Refusal to consider, without adequate reason, accommodations meeting relocation standards. Situations permitting eviction under State or local law. If eviction proceedings are necessary, every effort will be made to provide relocation services prior to eviction. RELOCATION PAYMENTS The City and Agency will make relocation payments to all eligible families, individuals, businesses and non-profits displaced by Project activities, in accordance with the regulations governing relocation payments as established by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the State of California Relocation Assistance Law. RESIDENTIAL RELOCATION PAYMENTS 1. Availability The City and Agency will pay either a Fixed Moving or Dislocation Allowance Payment based upon a Fixed Moving Payment Schedule or actual reasonable moving expenses and storage cost. Page 14 of 19 o In addition, and under certain circumstances, families and individuals may qualify for Replacement Housing Payment for Tenants and Certain Others, consisting of either Rental Assistance Payments or Down Payment Assistance. Owner occupants may also qualify for Replacement Housing Payments for Homeowners. EliRibility Criteria To be eligible for a relocation payment, the site occupant must be necessarily displaced from real property within the Project area. Persons who have occupied real property within the Project area for at least 90 days prior to the initiation of acquisition negotiations will be considered for full relocation benefits. Persons who have occupied real property for less than 90 days prior to initiation of negotiations, including those who moved in after acquisition but without notice, may be eligible for at least moving costs and/or other assistance depending upon the factual circumstances of the individual case. The "initiation of negotiations" is defined as the first offer to purchase property and "acquisition" is defined as the date upon which the City or the Agency acquires title or possession of the property. Payment Amounts Eligible families and individuals will be given the option to claim: a) The applicable fixed relocation payment amounts are based upon the number of rooms occupied. Multiple occupants living together and displaced from a single dwelling shall be regarded as one person in calculating these payments; or Compensation for the actual reasonable expenses incurred in moving the displaced person and/or personal property including eligible storage cost if necessary. No dollar maximum has been established for compensation on actual moving expenses. b) Replacement Housing Payment for Homeowners is available in amounts up to $22,500 to a homeowner who opts to purchase a replacement dwelling within one year from the date of displacement from the acquired property and meets the 180-day occupancy requirement prior to the initiation of negotiation. The amount payable is the difference between the acquisition price the Developers', Agency, or the City paid for the acquired dwelling and the purchase price paid for the replacement dwelling which can include increased interest cost and incidental expenses to purchase. Page 15 of 19 c) d) e) City and Agency acknowledge that some dwelling units were purchased by the homeowners prior to the enactment of Proposition 13, and as a result the property taxes levied on such properties are favorable to the homeowner. Replacement Housing Payment for Tenants and Certain Others is available in amounts up to $5,250 to displaced persons who occupy the acquired property 90 days prior to the initiation of negotiations and occupy the replacement dwelling within one year from displacement. They may elect to receive payment for either: 1) A Rental Assistance Payment is an amount necessary to lease or rent a comparable replacement dwelling. The payment is computed on the difference between the rent paid for the comparable replacement dwelling and the rent paid at the acquired dwelling and projected over a 42 month period up to a maximum of $5,250. A homeowner who opts to rent a replacement dwelling must meet the 90-day occupancy prior to the initiation of negotiation. 2) Down Payment Assistance Payment is available to assist a displaced person with a down payment on the purchase of a comparable replacement dwelling (including incidental expenses). Last Resort Housing Payment -- While the affected residential displacees will be accommodated with replacement housing payments as appropriate, the need for Last Resort Housing Payments is not anticipated for this project. No displaced person shall be required to move from his/her dwelling because of the City's and Agency's action unless comparable affordable housing is available. The City and Agency will make Last Resort Housing Payments whenever the City and Agency determines that a replacement housing payment would not be sufficient to provide the displaced person with an affordable comparable dwelling. Section 104(d) -- For displaced residential tenants meeting the income and other eligibility requirements of Section 104(d) of the Housing and Community Development Act of 1974, the appropriate replacement housing payments shall be made. Page 16 of 19 NON-RESIDENTiAL RELOCATION PAYMENTS 1. Availability The City and Agency will pay for reasonable and necessary moving expenses, storage costs and searching expenses for a replacement site. Also, reimbursement for actual direct loss of personal property and substitute equipment for which reimbursement or compensation is not otherwise made by the City and Agency, or a combination of both. Displaced businesses may be eligible, under certain circumstances, for a payment to compensate in lieu of moving and related expenses. 2. EliRibility Criteria A business concern must give the City or Agency at least 30 days, but not more than 90 days, written notice of its intention to move and must permit the City or Agency, at all reasonable times, to inspect the personal property to be moved. Claims for relocation payments must be supported by three (3) firm wdtten bids for moving expenses from reputable moving firms and to the extent required, other contractors. Reimbursement for transportation costs of a business concern that elects to move beyond 50 miles from the project site, shall not exceed the cost to move the business 50 miles unless the City or Agency determines the costs are justified. A business concern that opts to receive a fixed in-lieu payment, will be required to submit proof of earnings to the City and Agency. Acceptable documentation shall be income tax returns, financial statements and accounting records. Payment Amounts Eligible business concerns and institutions will also be given the option to claim: Actual and reasonable moving costs to include disconnects, packing, insurance, storage, reconnects and unpacking; Actual direct loss of personal property will be based on the lesser of the fair market value of the item or its cost to move; Substitute equipment of personal property will be limited to the lesser of moving the item or the replacement cost of the new item; Page 17 of 19 · Costs incurred in searching for a replacement location for up to $1,000; Reasonable cost of professional services as they relate to the move or installation of the personal property; Physical changes necessary at the replacement site in connection with the move and required for reinstallation of the personal property; Modifying (as necessary) fixtures and equipment to adopt to the replacement site or to utilities; · Licenses and permits as necessary at the replacement site; Self-moves without documentation will be limited to a Iow bid obtained by the City and Agency. Some business concerns may elect to receive, in lieu of above payments, a payment equal to the average annual net earnings of the business. The amount of this payment shall not be more than $20,000. FILING CLAIMS FOR RELOCATION PAYMENTS In order to obtain a relocation payment, an individual family, or business concern will be required to submit a written claim form as prescribed by the City and Agency. By prearrangement between the Agency, the occupant and the mover, with such arrangements confirmed in writing by the City and Agency, the City and Agency may pay the mover directly. All claims for relocation payments must be submitted to the City and Agency within eighteen (18) months after the displacement of the claimant. ADVANCED PAYMENTS A displaced individual, family or business may be paid their anticipated moving or replacement housing expenses in advance of the actual move. The City and Agency will provide an advance payment whenever later payment would result in financial hardship; with particular consideration to the financial limitations and difficulties of Iow income persons and small business operations. DOCUMENTING CLAIMS A claim must be supported by the following: If for moving expenses, except in the case of a Fixed Payment, an itemized, receipted bill or other evidence of such expense. Page 18 of 19 Replacement housing payments shall require verification of occupancy and responsibility for rent and utilities at the acquired dwelling. Additionally, proof of responsibility for rent and utilities at the replacement dwelling shall also be required. Homeowners will be required to provide proof of ownership, mortgage(s) and interest. If for actual direct loss of personal property or substitute equipment, written evidence thereof which may include appraisals, copies of bills of sale, receipts, canceled checks, copies of advertisements, offers to sell, auction records and estimate of cost of move; and such other records as may be appropriate to support the claim. Claims for search expenses shall include proof of expenses relative to transportation, meals and lodging (away from home). In any case, such documentation as may be required by the City and Agency which may include income tax returns, withholding records or business statements and proof of age. GRIEVANCEPROCEDURES The City and Agency have adopted and will maintain a grievance procedure which fully complies with the intent of HUD and State grievance regulations, as outlined in applicable governing laws. Any person may appeal determinations on eligibility, amount of payments, failure by the City and Agency to provide comparable housing or property management practices. The displacee can request that his claim be reviewed by someone other that the person who made the determination in question. The City and Agency have established a Relocation Appeals Board to review cases requiring further adjudication. Additionally, the displacee may seek judicial relief from the courts. Complainants are required to submit their presentation for review within eighteen (18) months following the date they move from their property or the date they receive final compensation whichever is later. :- TEMPORARY MOVES No temporary move shall be made by the City and Agency, unless such move is necessary for the safety of the displacee and is in conformance with Federal, State of California, City and Agency requirements. No temporary off-site moves will be chargeable to a displacee's allowable relocation payment. Page 19 of 19 Exhibit A Exhibit B Exhibit C Exhibit D EXHIBITS Map General Information Notices to Property/Business Owner (English) and to Home Occupant (English and Spanish) Relocation Assistance Brochures for Businesses and Non-Profits (English) and for Residential Tenants (English and Spanish) Letter regarding availability of Relocation Plan and Replacement Plan to Property Owners, Business Occupants, (English) and Residential Tenants (English and Spanish) Page 20 of 19 EXHIBIT A EXHIBIT B B A K E R S F I E L D July 29, 2002 Re: GENERAL INFORMATION NOTICE REGARDING OLD TOWN KERN MIXED- USE PROJECT Dear Property/Business Owner, The City of Bakersfield ("City") and the Bakersfield Redevelopment Agency ("Agency") are working on a project known as the Old Town Kern Mixed-Use Project ("Project"). As a result of the Project, the property you occupy may be acquired by the Agency er the City. This notice is to inform you of your rights under the law. If the property that you occupy is acquired for the Project and you are displaced, you may be eligible for relocation assistance under state or federal relocation law. However, DO NOT MOVE NOW. This is not a notice to vacate the premises. You should continue to pay your monthly rent or mortgage payment because a failure to pay rent or mortgage payments could be cause for eviction or foreclosure and loss of relocation assistance. You are urged not to move or sign any agreement to purchase or lease a new unit before receiving formal notice of your eligibility for relocation assistance. If you move or are evicted before receiving such notice, you may not receive any assistance. If the Agency or City acquire the property you occupy and you are eligible for relocation assistance, you will be given advisory services, including referrals to replacement business locations, and at least 90 days advance written notice of the date you will be required to move. You will also receive a payment for moving exp_..enses. Because the Agency and/or City are assisting with the Project, they must follow the law in providing relocation assistance to all business owners or tenants within the proposed Project area. Representatives of the Agency or City will be contacting you to conduct a pre- displacement interview. This interview will be used to determine what your relocation needs are, and what they should be looking for in a replacement business location. At this pre-displacement interview, you will receive a brochure outlining the relocation benefits to which you may be entitled. The information you provide at the interview will be used to draft a relocation plan. You will be notified when a draft of the plan is available for review. City of Bakersfield · Economic and Community Development Department 515 Truxtun Avenue · Bakersfield · California 93301 (661) 326-3765 · Fax (661) 328-1548 · TDD (661) 324-3631 If the Project moves forward, you or the property owner will be contacted by the Agency or City regarding the purchase of the property. Sometime after that, you will receive a letter outlining the relocation benefits to which you are entitled. Again, this letter is for informational purposes only and is not a notice to vacate and does not establish eligibility for relocation payments or other relocation assistance. If you have any questions, please do not hesitate to call the undersigned at 326-3765. Yours very truly, Donna Barnes Development Associate EXHIBIT B BAKERSFIELD GENERAL INFORMATION NOTICE REGARDING OLD TOWN KERN MIXED-USE PROJECT June 13, 2002 Dear Home Occupant, The City of Bakersfield ("City") and the Bakersfield Redevelopment Agency ("Agency") am working on a project known as the Old Town Kern Mixed-Use Project ("Project"). As a result of the Project, the property you occupy may be acquired by the Agency or the City. This notice is to inform you of your rights under the law. If the property that you occupy is acquired for the Project and you are displaced, you may be eligible for relocation assistance under state or federal relocation law. However, DO NOT MOVE NOW. This is not a notice to vacate the premises. You should continue to pay your monthly rent or mortgage payment because a failure to pay rent or mortgage payments could be cause for eviction or foreclosure and loss of relocation assistance. You are urged not to move or sign any agreement to purchase or lease a new unit before receiving formal notice of your eligibility for relocation assistance. If you move or are evicted before receiving such notice, you may not receive any assistance. If the Agency or City acquire the property you occupy and you are eligible for relocation assistance, you will be given advisory services, including referrals to replacement housing, and at least 90 days advance written notice of the date you will be required to move. You will also receive a payment for moving expenses and may be eligible for financial assistance to help you rent or buy a replacement house. Because the Agency and/or City are assisting with the Project, they _.must follow the law in providing relocation assistance to all owners or tenants within the proposed Project area. Representatives of the Agency or City have already contacted you to conduct a pre- displacement interview. This interview will be used to determine what your relocation needs are, and what they should be looking for in a replacement home. At this pre- displacement interview, you will receive a brochure outlining the relocation benefits to which you may be entitled. The information you provide at the interview will be used to draft a relocation plan. You will be notified when a draft of the plan is available for review. If the Project moves forward, you or the property owner, will be contacted by the Agency or City regarding the purchase of the property. Sometime after that, you will receive a letter outlining the relocation benefits you are entitled to and a list of comparable dwellings City of Bakersfield · Economic and Community Development Department 515 Truxtun Avenue · Bakersfield · California 93301 (661) 326-3765 · Fax (661) 328-1548 · TDD (661) 324-3631 to replace the home you now occupy. Again, this letter is for informational purposes onty and is not a notice to vacate and does not establish eligibility for relocation payments or other relocation assistance. If you have any questions, please do not hesitate to call the undersigned at 326-3765. Y 0 U/rS/yp~/~~ Development Associate EXHIBIT B B A K E R S F I E L D AVISO GENERAL DE INFORzMACION CON RESPECTO AL PROYECTO DE LA CIUDAD Qucddo Ocupante, Junio 13,2002 La Cludad de Bakershe d ("Ciudad") y la Agencia del Reconstmcci6n de Bakersfield ("Agencia") est~n trabajando en un proyecto conocido como Pueblo Viejo Uso Surtido ("Proyecto"). Como resultado del proyecto, ia propiedad que usted ocupa se pueda adquirir por ia Ciudad o la Agencia. Este aviso debe informarle de sus derechos bajo la ley. Si se desplaza y la propiedad que usted ocupa se adquiere para e! Proyecto, usted puede ser elegible para la ayuda de la realocaci6n bajo la fey federal o del estado de la realocaci6n. Sin embargo, AHOKA NO SE MUEVA. Esto NO es un aviso de desocupar las premisas. Usted debe continuar pagando sus pagos mensuales del alquiler o de hipoteca porque el falta de pagar sus pagos del alquiler o de hipoteca podria set causa para el desahucio o le ejecuci6n de una hipoteca y perdida de ayuda de la realocaci6n. Le urgimos no moverse or no firmar ning/m acuerdo de comprar o rentar una hue,, a unidad antes de recibir el aviso formal de su elegibilidad para la ayada de la realocaci6n. Si usted se mueve o se desahucio antes de recibir tal aviso, usted no puede recibir ninguna a,vuda. Si ia Ciudad o la Agencia adquieren la propiedad que usted ocupa y usted es deg/ble para ia a?uda de la realocaci6n, usted sera dado servicios consultivos, incluyendo remisiones para vivienda de reemplaza, y por lo menos el aviso escrito anticipado de 90 dias de la fecha le rcqucndr&'~ moverse. Usted tambi6n recibirfi un pago para los costos m6viles y puede ser elegible para que la ayuda financiera le ayude a alquilar o a comprar una casa del reemplazo. Porque la Ciudad y/o la Agencia pueden as~.stir con el Proyec~.o, la Ciudad y la Agencia deben seguir la ley en proporcionar a ayuda de la realocaci6n a todo los propiet_.arios o arrendatarios dentro del area propucsta del proyecto. Los representantes de la Ciudad se han podrido en contacto con usted para conducir una entrc~dsta de la pre-dislocaci6n. Esta entre~4sta sera utilizado para determinarse cuales son sus necesidades de la realocaci6n, y lo que deben buscar en un hogar del reemplazo. En esta entre~,ista de la pre-dislocaci6n, usted recibo un folleto que explica las ventajas de la realocaci6n a las cuales usted puede ser dado derecho. La informaci6n que usted proporciono en la entre,Asta sera utilizada para bosquejar un plan de la realocaci6n. Le notificaran cuando un bosquejo del plan esta disponible para la revision. Si el Proyecto se mueve adelante, usted o el propietario, serfin contactado por la Ciudad o la Agencia con respecto a la compra de la propiedad. Algfin tiempo despu6s de eso, usted recibirfi. City of Bakersfield · Bakersfield Redevelopment Agency 1501 Truxtun Avenue · Bakersfield · California 93301 (661) 326-3765 · Fax (661) 328-1548 · TDD (661) 324-3631 una cam que explica las ventajas de la realocaci6n que le dan derecho a una lista de viv/endas compambles para substimir el hogar que usted ahora ocupa. Una vez mas esta carta es para los prop6sitos informativos solamente y no es un aviso de desocupar y no establece la elegibilidad para los pagos de le realocaci6n o la otra ayuda de la realocaci6n. Si usted tiene cualesquiera preguntas, pot favor llame el abajo firmante en 326-3765. MARIBEL REYNA Consocio de Desarrollo EXHIBIT C Relocation Assistance Information for Businesses and Non-Profits RELOCATION ASSISTANCE TO DISPLACED BUSINESSES AND NON-PROFITS I. INTRODUCTION This booklet describes the relocation payments and other relocation assistance provided under the California Relocation Assistance Act (Government Code Section 7260, et seq.) and the State regulations for relocation assistance (25 Cal. Code Regs. §§ 6000- 6198) to businesses and non-profits ("businesses" herein) displaced by a project involving the Bakersfield Redevelopment Agency ("Agency") or the City of Bakersfield ("City"). If you are notified that you will be displaced by the Agency or the City, it is important that you do not move before you learn what you must do to receive the relocation payments and other assistance to which you are entitled. This booklet may not answer all of your questions. If you have more questions about your relocation, contact the City's Relocation Agent, Maribel Reyna at (661) 326- 3765. Ask your questions before you move; afterwards it may be too late. II. SUMMARY OF RELOCATION ASSISTANCE As an eligible displaced business, you will be offered appropriate financial and advisory relocation assistance, including: A. Relocation Advisory Assistance. B. Payment for Your Business Moving= Ex_eenses. You will receive either: A Reimbursement Payment for Actual Reasonable Moving and Retated Expenses (Cal. Regs. § 6090), or A Fixed Payment, based on your business, profitability (restrictive eligibility requirements apply--Cal. Regs. § 6100(b)); CJ Reestablishment Exoenses. You may be entitled to reasonable costs of reestablishing your business at its new location in an amount not to exceed $10,000. III. Relocation AssistE, nce to Dis~olaced Businesses. Cornrn S:\Edcd~commrelosections.wlxJ August 30, 2002 FORMS OF ASSISTANCE A. Relocation Advisory_ Assistance When the Bakersfield Redevelopment or the City of Bakersfield offers to -- Page 1 of 6 Pages -- purchase the property you occupy, they have an obligation to assist you in finding a comparable replacement location. The relocation staff will assist you in finding a suitable replacement site and will provide you with referral listings. The staff will be available should you need assistance in preparing requests for payment of claims. B. Payment for Moving Expenses Every displaced business is entitled to a relocation payment to cover the reasonable cost of moving. You may choose either a payment for actual reasonable moving and related expenses, or a fixed payment (if you meet the eligibility requirements). Every claim for more than $1,000 of actual moving expenses must be supported by competitive bids from qualified movers. (Cal. Regs. § 6090(g)(2).) 1. Actual Movinq and Related Ex_oenses. If you choose a payment for actual reasonable moving and related expenses, you may include in your claim the cost of: Transportation of personal property from your present location to the replacement location. (Generally, transportation costs are limited to a distance of 50 miles. If you plan to move beyond 50 miles, discuss your planned move with the City's Relocation Agent); b. Packing, crating, uncrating and unpacking personal property; Storage of personal property for a reasonable period of time, if required, but not exceeding 12 months; Insurance of personal property in connection with the move, required storage and the replacement value of property lost, stolen or damaged not due to the negligence of the owner in the process of moving where insurance is not readily available; The cost of disconnecting, dismantling, removing, reassembling and installing relocated and substitute machinery, equipment and other personal property. This includes connection to utilities available nearby and modifications necessary to adapt such property to the replacement structure or to the utilities or to adapt the utilities to the personal property; Any license, permit or certification required by the displaced business, to the extent that the cost is: · necessary to its reestablishment at the replacemeqt August 30. 2002 -- Page 2 of 6 Pages -- : location, and does not exceed the cost for the remaining time before expiration of the existing license, permit or certification; Reasonable professional services, including architect's, attorney's and engineer's fees, and consultant's charges, necessary for: · planning the move of the personal property; · moving the personal property; or installing the relocated personal property at the replacement location; Relettering signs and printing replacement stationery made obsolete by the move; The reasonable cost incurred in attempting to sell an item that is not relocated; Actual direct loss of personal property. This payment provides compensation for property that is neither moved nor promptly replaced with a "substitute item" at the replacement location. Payment is limited to the lesser of: · the estimated cost of moving the property, or the fair market value of the property for its continued use at the old location, less any proceeds from its sale. To be eligible, you must make a good faith effort to sell the property, unless the City det _e. rmines that such effort is not necessary; Purchase and installation of substitute personal property. Payment will be limited to the lesser of: the estimated cost to move the item to the replacement location, or the actual cost of the substitute item delivered and installed at the replacement location, less any proceeds from its sale or its trade-in value. It is important that you discuss your plans with the City before you proceed; and Reloc..at~ Assistance to D~ Businesses. Corem August 30, 2002 -- Page 3 of 6 Pages -- Searching for a replacement business location. This payment may not exceed $1,000 (Cal. Regs. § 6094), and may cover costs for: · transportation expenses; · meals and lodging away from home; time spent searching for a replacement location, based on a reasonable salary or earnings of the displaced person or his/her representative; reasonable fees paid to real estate agents or brokers to find a replacement business (not fees related to the purchase of a site). The City will explain all eligible moving costs, as well as those which are not eligible. You must be able to account for all costs that you incur, so keep all your receipts. Remember, all moving expense claims exceeding $1,000 must be supported by competitive bid(s). You may minimize the amount of documentation needed to support your claim if you elect to "self-move" your property. Payment for "self-move" is based on the amount of an acceptable Iow bid or estimate obtained by the City. If you "self-move," you may move your personal property using your own employees and equipment or a commercial mover. If you and the City cannot agree on an acceptable amount to cover the cost of the "self- move," you will have to submit full documentation in support of your claim. (Cal. Regs. § 6090(e).) You may elect to pay your moving costs yourself and be repaid by the City or, if you prefer, you may have the City pay the mover. In certain conditions of financial hardship, an advance payment may be arranged. In either case, let the City know before you move. Select your mover with care. When a payment for"actual direct loss of personal property" or "substitute personal property" is made for an item, the estimated cost of moving the item may be based on the lowest acceptable bid or estimate obtained by the City. If not sold or traded in, the item must remain at the old location and ownership of the item must be transferred to the new owner before you may receive the payment. Fixed Payment in Lieu of a Payment for Actual Reasonable Movinq and Related Expenses (Cal. Reqs. § 6100.) A business may be eligible to receive an in-lieu payment, equal to the Relocation Assistance to Displaced Businesses. Comm S :~Edcd~com mrelosection s.w1~d August 30, 2002 -- Page 4 of 6 Pages -- average annual net earnings of the business but not less than $1,000 nor more than $20,000 for expenses incurred in relocating and re-establishing such operation at a replacement site. A displaced business organization may choose a fixed payment as stated above if the City determines that it cannot be relocated without substantial loss of existing patronage (membership or clientele) and the other eligibility requirements per State Regulations §§ 6100(b) through (g) are met. To qualify for this payment, a displaced business: Must own or rent personal property which must be moved in connection with the displacement and for which an expense would be incurred in such move, and the business vacates or relocates from its displacement site; Must be unable to relocate without a substantial loss of existing patronage; Must not be part of a commercial enterprise having no more than three other establishments which are not being acquired for the Project and which is under the same ownership and engaged in the same or similar business activities; and d. Must meet certain annual income requirements. The City's Relocation Agent will inform you as to your eligibility for this payment and the documentation you must submit to support your claim. Remember, if you are eligible for and elect to take this payment, you are not entitled to reimbursement for any other moving expenses. Ce Reestablishment Ex_oenses. Small businesses (less than 500 employees) and non-profits may be entitled to reasonable costs of reestablishing their businesses. Such costs cannot exceed $10,000. Reestablishment expenses would include such things as repairs or improvements to the replacement property required by law or required to make the replacement site or structure suitable for conducting the business; signage; utility connections, licenses, etc. IV. EVICTION Eviction is permissible only as a last resort and it in no way affects eligibility of evicted displaced persons. Eviction shall only be undertaken for the following reasons: Relocation Assistance to Displaced Businesses. Corem S :\E dc d~corn rn relosection s.w~:~d August 30, 2002 -- Page 5 of 6 Pages -- failure to pay rent; performance of a dangerous, illegal act in the unit; material breach of the rental agreement and failure to timely correct; maintenance of a nuisance; or refusal to accept one of a reasonable number of offers of replacement properties. V. APPEALS If you disagree with the City's decision as to your right to a relocation payment or the amount of payment, you may appeal the decision to the City. The City will inform you of its appeal procedures, and will provide you with a copy of its grievance and appeal procedures. You have up to six months to file your appeal with the City; if a project utilizes federal funds, then you have up to 60 days to file your appeal with the City. If you need help, the City will assist you in preparing your appeal. If you are not satisfied with the final decision on your appeal, you may seek review by the courts. VI. FILING OF CLAIMS All claims for relocation payments must be submitted within 18 months of the date on which you receive final payment for your property, or the date on which you move, whichever is later. VII. ADDITIONAL INFORMATION If you have further questions after reading this material, contact Maribel Reyna, the City's Relocation Agent at (661) 326-3765 to discuss your concerns. Thank you for your cooperation in this process. We will work with you closely to minimize the relocation burden. Relocation Assistance to DisCaced Businesses. Comm S:\Edcd~com m relosections.w~d August 30, 2002 -- Page 6 of 6 Pages -- EXHIBIT C Relocation Assistance Information for Tenants Displaced From Their Homes (Residential) RESIDENTIAL INFORMATIONAL BROCHURE FOR TENANTS DISPLACED FROM THEIR HOMES I. INTRODUCTION This booklet describes the relocation payments and oiher relocation assistance provided under the California Relocation Assistance Act (Government Code Section 7260, et seq.) and the State regulations for relocation assistance (25 Cal. Code Regs. §§ 6000- 6198) to persons displaced by the Bakersfield Redevelopment Agency ("Agency") or the City of Bakersfield's ("City") acquisition of properties for a project. Your dwelling is in an area which may be acquired for this purpose. If you are notified that you will be displaced for a project, it is important that you do not move before you learn what you must do to receive the relocation payments and other assistance to which you are entitled. This booklet may not answer all of your questions. If you have more questions about your relocation, contact the City's Relocation Agent, Janice Scanlan at (661) 326- 3721. Ask your questions before you move; afterwards it may be too late. II. SUMMARY OF RELOCATION ASSISTANCE As an eligible displaced person, you will be offered appropriate financial and advisory relocation assistance, including: A. Relocation Advisory_ Assistance B. Payment for Your Movina ExDenses. You will receive either: · A Fixed Payment for Moving Expenses; or · Payment for Actual Reasonable Moving and Related Expenses; Re0iacement Differential Payments Ill. FORMS OF ASSISTANCE A. Relocation Advisory Assistance When the Bakersfield Redevelopment Agency or the City of Bakersfieldoffers to purchase the property you occupy, they have an obligation to assist you in finding comparable replacement housing which is decent, safe and sanitary; adequate in size; within your ability to pay; and in a suitable location. The relocation staff will assist you in finding a suitable replacement site and will provide you with referral listings. The staff will be available should you need assistance in preparing requests for payment of claims. Relocation Assistance for Tenants C:~Documents and Settings~re~a\Local SettJngs\Temp\ nantrel ' . -November 15. 2000 -- ~age~"~ Pages -- B. Payment for Movina Expenses Two types of payments for moving expenses are available: a Fixed Moving Payment or Actual Moving Expenses. 1. Fixed Movino Payment. A Fixed Moving Payment is a flat amount based solely upon the number of rooms in the dwelling. A "room" would be room which normally contains furniture to be moved. For example, a bedroom or kitchen would be a room, but a bathroom would not. If you choose the Fixed Moving Payment, you must arrange for your own move and you will bear the cost for any loss, breakage, theft, etc. incurred. If you do not own the furniture and you furnish none or only a small amount of your household equipment, the Fixed Moving Payment will be as follows: First room $ 375 Each room after that $ 60 If you own the furniture, the Fixed Moving Payment will be as follows: One room $ 575 Two rooms $ 750 Three rooms $ 925 Four rooms $1100 Five rooms $1325 Six rooms $1550 Seven rooms $1775 Eight rooms $2000 Each additional room $ 200 2. Actual Movinq ExPenses. If you do not select the Fixed Moving Payment, then you may be paid your actual reasonable and necessary moving expenses. You must receive prior approval from the City's Relocation Agent before moving and have paid, receipted and itemized bills from the moving company performing the move. "Actual Moving Expenses" would include such things as the moving company charges, cost of packing, crating, unpacking and uncrating personal property, storage of personal property (not to exceed 12 months) and utility disconnection and hookup fees. If you choose the "Actual Expense" method, you do not get the Fixed Moving Payment mentioned above. White actually moving is a prerequisite for receipt of either Actual Moving Expenses or Fixed Moving Payment, in cases of financial hardship, advance payments can be made. Consult the City's Relocation Agent for more information. C:~Documents and SettJngs~rey~a\Local SettJngs\Temp\[~.nanb-eloc~tJor~.w~l ,~ -November 15, 2000 --wage z of 4 wages -- ' C. Replacement Differential Payments 1. Rental Differential. Tenants in occupancy for at least 90 days before the owner receives the first wdtten offer to purchase from the Agency or the City who are unable to rent suitable housing at price levels equal to the actual or market rent on the property purchased may qualify to receive payments to help them with the higher rent. A rental differential payment may be made to renters in occupancy who rent a decent, safe and sanitary replacement home, duplex or apartment unit. This also applies to mobile home occupants. By law, this payment may not exceed $5,250 nor exceed a period of 42 months. The payment will be equal to the difference, if any, between the cost of renting a replacement dwelling functionally comparable to your former dwelling and the rental rate of the former dwelling. For mobile home occupants, the rent refers to pad or space rent. 2. Down Payments. Tenants in occupancy for at least 90 before receipt of the first written offer to purchase the property may qualify for a down payment to help purchase a replacement home. The down payment cannot exceed $5,250 and is calculated the same way as the rental differential. PLEASE NOTE: The Relocation Agent is required to certify that the dwelling you buy or rent, and occupy, is decent, safe and sanitary in order for you to qualify for the differential payments. Ensure that the Relocation Agent inspects any dwelling you may wish to purchase or rent to determine whether it qualifies as decent, safe and sanitary. Moving expenses and supplemental payments are not considered as income for the purpose of personal income tax laws. These payments are not considered income or resources to recipients of public assistance. 3. Other Tenants. A displaced tenant in occupancy less than 90 days before receipt of the first written offer to purchase the property will be considered a displaced person, and will be entitled to Relocation Advisory Assistance and Moving Expenses (Fixed or Actual) only. Displaced tenants who were not in occupancy of a dwelling at the time the first written offer to purchase was received would be eligible for Relocation Advisory Assistance only. IV. EVICTION Eviction is permissible only as a last resort and in no way affects eligibility of evicted displaced persons. Eviction shall only be undertaken for the following reasons: failure to pay rent; performance of a dangerous, illegal act in the unit; material breach of the rental agreement and failure to timely correct; maintenance of a nuisance; or refusal to accept one of a reasonable number of offers of replacement properties. -November 15, 2000 --~age°~ o? ~'~ Pages -- V. APPEALS If you disagree with the City's decision as to your right to a relocation payment or the amount of payment, you may appeal the decision to the City. The City will inform you of its appeal procedures, and will provide you with a copy of its grievance and appeal procedures. You have up to six months to file your appeal with the City; if a project utilizes federal funds, then you have up to 60 days to file your appeal with the City. If you need help, the City will assist you in preparing your appeal. If you are not satisfied with the final decision on your appeal, you may seek review by the courts. VI. FILING OF CLAIMS All claims for relocation payments must be submitted within 18 months of the date on which you receive final payment for your property, or the date on which you move, whichever is later. VII. ADDITIONAL INFORMATION If you have any questions after reading this material, contact Janice Scanlan, the City Relocation Agent at (661) 326-3721 to discuss your concerns. Thank you for your cooperation in this process. We will work with you closely to minimize the relocation burden. - No~mber 15. 2000 -- ~age~ o~ w~ Pages -- EXHIBIT C Ayuda con Informaci6n de Reubicaci6n para los Renteros Desplazados de sus Hogares (Residencial) FOLLETO INFORMATIVO RESIDENCIAL PARA LOS RENTEROS DESPLAZADOS DE SUS HOGARES I. INTRODUCCI(~N Este folleto contiene la descripci6n de los pagos de reubicaci6n y otra ayuda de reubicaci6n proveida bajo el Acta de Ayuda de Reubicaci6n de Califorrfia (Secci6n 7260, del C6digo del Gobiemo, et seq.) y las regulaciones del Estado para la ayuda de reubicaci6n (25 Cal. C6digo de Regulaciones § 6000-6198) para personas desplazado~ por el Desarrollador o por la Agencia de Redesarrollo de Bakersfield (identificada en este documento como la ("Agencia") o por la adquisici6n de propiedades de la Ciudad de Bakersfield (identificada en este documento como ("Ciudad") para un proyecto. Su casa estfi ubicado en un firea donde puede ser adquirido para este prop6sito. Si se le notifica que usted ser~i desplazado por el Proyecto, es importante que usted no tome ninguna acci6n antes de que sepa que es lo qu6 tiene que hacer para recibir pagos de reubicaci6n y otra ayuda que usted tiene derecho a recibir. Este folleto puede que no conteste todas sus preguntas. Si usted tiene mas preguntas sobre su reubicaci6n, debe comunicarse con su Agente de reubicaci6n, Janice Scardan al tel6fono (661) 326-3721. Haga todas sus preguntas antes de mudarse; porque despu6s serfi muy tarde. II. RESUMEN DE AYUDA PARA REUBICACI6N Como una persona desplazada elegible, se le ofrecerfi el financiamiento apropiado y ayuda de consejos para la reubicaci6n, incluyendo: A. Ayuda de Consejos para la reubicaci6n B. Pagos que cubran los Gastos de Mudanza Ya sea que usted reciba: * Un Pago Preparado para Gastos de Mudanza; o * Pago Actual Razonable para la Mudanza y los Gastos Relacionados C. Pagos Difereneiales de Reubicaci6n III. AYUDA QUE SE LE BRINDA A. Ayuda en Conse!os para la Reubicaci6n Cuando la Agencia de Redesarrollo de Bakersfield o la Ciudad de Bakersfield o el Desarrollador ofzece comprarle la propiedad que usted ocupa, ellos tienen la obligaci6n de ayudarlo a encontrar una vivienda de reemplazo similar a la que usted ocupa y que 6sta sea decente, segura y limpia; del tamafio adecuado; denn-o de sus posibilidades de pago; en un firea adecuada. E1 personal de re-ubicaci6n le ayudara a encontrar un lugar de reernplazo y le previera un listado con informaci6n referente. E1 personal estarfi disponible si necesita ayuda en preparar las solicitudes de pagos o reclamos para pagos. B. Pagos para Gastos de Mudanza Existen dos tipos de pagos para gastos de mudanza: un Pago Preparado para Gastos de Mudanza o Gastos de Mudanza Actual. 1. Pago Prel~arado para Gastos de Mudanza. Un pago Preparado para Mudanza es una cantidad basada firficamente en el nfimero de recb. maras de la vivienda. Un "cuarto" ser~ una recAmara que normalmente contiene muebles que serfi~n mudados. Por ej emplo, nna recfimara o cocina serfi un cuarto, pero un bafio no lo ser~. Si usted escoge el Pago Preparado para Gastos de Mudanza, usted debe preparar su propia mudanza y usted ser~ responsable del costo pot cualquier p6rdida, quebraduras, roturas, robos, etc. que ocurran. Si usted no es duefio de los muebles y usted no traslada nada o solo una pequefia cantidad de su equipo de vivienda, el Pago Preparado para Gastos de Mudanza, serfi como sigue: Primer cuarto $375 Cada cuarto siguiente $ 60 Si usted posee los muebles, el Pago Preparado para Mudanza ser~i como sigue: Un cuarto $575 Dos cuartos $750 Tres cuartos $925 Cuatro cuartos $1100 Cinco cuartos $1325 Seis cuartos $1550 Siete cuartos $1775 Ocho cuartos $2000 Cada cuarto adicional $200 2. Gastos Actuales para Mudanza. Si usted no escoge el Pago Preparado para Mudanza Usted debe recibir aprobaci6n previa del Agente de Reubicaci6n de la Ciudad antes de hacer la mudanza y haber pagado, fiene que tenet los recibos y las facturas detalladas de la compafiia de mudanza que efectu6 el traslado. "Los Gastos Actuales para Mudanza" incluirgn cosas tales como los cobros de la compafiia, el costo del empaque, cargar, desempacar, descargar la propiedad personal, tambi~n cubre el almacenaje de propiedad personal (que no pase de 12 meses) y la desconexi6n de las utilidades y los gastos de las conexiones. Si usted escoge el m6todo de "Gasto Actual", usted no recibe el Pago Preparado para Gastos de Mudanza que se mencion6 anteriormente. Mientras que una mudanza actual es tm prerequisite para recibir ya sea el pago de Gastos Actuales para Mudanza o Pago Preparado para Mudanza, en casos de problemas fmancieros, se pueden hacer pagos anticipados. Consulte al Agente de Reubicaci6n de la Ciudad para mas informaci6n. C. Pagos Diferenciales de Reubicaci6n 1. Diferencial de Renta Los renteros que ocuparon la vivienda por al menos 90 dias antes de que el propietario ~:ecibiera primer oferta de compra de parte del Desarrollador, la Agencia o la Ciudad y que no pueden rentar una vivienda adecuada a los niveles de precio iguales a la renta actual en el mercado, en la propiedad comprada puede calificar para recibir pagos para ayudar Io con la cantidad aumentada de la renta. Un pago de diferencial de renta puede ser hecho a los renteros ocupantes elegibles quienes rentan una vivienda de reubicaci6n decente, segura y sanitaria, duplex o un apartamento. Esto tambi6n se aplica a los ocupantes de casa m6viles. Por ley, est6 pago no debe exceder de $5,250 y no exceder tm limite de 42 meses. E1 pago puede ser igual a la diferencia, si la hubiere, entre el costo de rentar una residencia de reubicaci6n comparada a la residencia anterior y a la tasa de renta de la residencia anterior. Para los ocupantes de casas m6viles, la rente se refiere a la renta de la vivienda o al espacio que 6sta ocupa. 2. Enganches. Los renteros residiendo pot al menos 90 dias pero menos de 180 dias antes de que reciba la primer oferta de compra escrita, la propiedad puede calificar para un pago del enganche para ayudar a la compra de trna vivienda de reubicaci6n. E1 enganche no puede exceder la cantidad de $5,250 y se calcula en la misma forma que el diferencial de la renta. POR FAVOR -TOME NOTA: Al Agente de Reubicaci6n se le requiere que la residencia que usted compre o rente y ocupa, sea decente, segura y sanitaria para que usted pueda calificar para recibir los pagos diferenciales. Asegfirese que el Agente de Reubicaci6n inspecciona cualquier residencia que usted desea comprar o rentar para determiner si 6sta califica como decente, segura y sanitaria. Los gastos de mudanza y pagos suplementarios no son considerados como ingreso para los prop6sitos de impuestos por ingresos personales. Estos pagos no son considerados ingresos o recursos a los beneficiaries de ayuda pfiblica. 3. Otros Ocunantes. Un propietario desplazado que ocup6 la vivienda menos de 90 dias antes de recibix la primera oferta escrita de compra de la propiedad, serfi considerada una persona desplazada y tendril derecho a recibir Ayuda en Consejos para Reubicaci6n y Gastos de Mudanza (Preparado o Actual) solamente. Los propietarios desplazados que no ocuparon la vivienda en el tiempo en que recibieron la primer oferta escrita de compra, podrian set elegibles para Ayuda de Consejo de Reubicaci6n solamente. IV. DESALOJO E1 desalojo es permitido solo como un ultimo recurso y no en una forma que afecte la elegibilidad de las personas desplazadas por desalojo. E1 desalojo solo debe aplicarse por las siguientes razones: falta de pago de la renta; por actos peligrosos o ilegales en la unidad; incumplimiento material del contrato de renta y fallar en corregir lo a fiempo; mantener ruido; o rehusarse a aceptar uno de las variadas ofertas razonables para reubicar las propiedades. ¥. APELACIONES Si usted no est~ de acuerdo con la decisi6n de la Ciudad, o con el derecho del pago de reubicaci6n o con la cantidad de pago, usted puede apelar la decisi6n a la Ciudad. La Ciudad le proveeni informaci6n de los procedimientos de la apelaci6n y le proveer/t con una copia de su demanda y los procedimientos de la apelaci6n. Usted tiene mas de seis meses para presenter su apelaci6n con la Ciudad; Si un proyecto ufiliza rondos federales, entonces usted tiene 60 dias para presenter su apelaci6n con la Ciudad. Si necesita ayuda, la Ciudad le puede ayudar a preparar su apelaci6n. Si usted no esta safisfecha con la decisi6n final de su apelaci6n, puede pedir que las cortes le otorguen una revisi6n. ~, VI. PRESENTACI6N DE RECLAMOS Todos los reclamos para pagos de reubicaci6n deben ser sometidos dentro de un plazo de 18 meses a partir de la fecha en la cual usted recibe su ultimo pago pot su propiedad, o la fecha en la cual usted efectfla la mudanza, si 6sta se hace despu6s. VII. INFORMACION ADICIONAL Si tiene mas preguntas despu6s de haber leido este material, comuniquese con Janice Scanlan, quien es el Agente de Reubicaci6n de la Ciudad al tel6fono (661) 326-3721 para discutir sus preguntas. Le agradecemos su cooperaci6n en este proceso. Trabajaremos unidos con usted para reducir la tarea de reubicaci6n. BAKERSFIELD September 6, 2002 Dear Property Owners, Business Occupants, and Residential Tenants: The purpose of this letter is to inform you that a draft of the Relocation Plan and the Replacement Housing Plan ("Plans" herein) for the Old Town Kern Mixed-Use Project ("Project") are available for review. The Plans are documents which set forth the number of residences and businesses (including non-profit organizations) which may be displaced if the Project goes forward. Additionally, the Plans outline how the City of Bakersfield and/or the Bakersfield Redevelopment Agency will meet the relocation needs of the businesses and residents in the area. The Plans do not and cannot purpod to say at this point where each business and home resident will relocate should the Project proceed. Interviews of the displaced businesses and residents are still underway. The Plans outlines the general assistance, financial and otherwise, that will be provided to ensure relocation and replacement to suitable locations. The draft Plans are available for review at the City Clerk's office, 1501 Truxtun Avenue, at the Economic and Community Development Department, 515 Truxtun Avenue, and at the Baker Street Library, 1400 Baker Street. It is anticipated that the Bakersfield Redevelopment Agency will review the Plans on October 7, 2002. City Council review is scheduled for October 16, 2002. If the Plans are satisfactory, they will be adopted on those dates. if you have any questions or comments on the Plans, please contact me or Donna Barnes at 326-3765. Deputy Executive Director S:~Baker Street Revitalizaf~onveloplanavaifltr doc City of Bakersfield · Bakersfield Redevelopment Agency 1501 Truxtun Avenue · Bakersfield · California 93301 (661) 326-3765 · Fax (661) 328-1548 · TDD (661) 324-3631 EXHIBIT D BAKERSFIELD Estimado Inquilino Residencial: El proposito de esta carta es para informarle que un bosquejo del Plan de la Realocaci6n CPlan') para el Proyecto del Pueblo Viejo y Uso-Surtido esta disponible para la revision. E1 Plan es un documento que lista las residencias y de los negocios (incluyendo organizaciones no lucrafivas) que pueden ser desplazadas si va el Proyecto del Centro de la Ciudad adelante. Ademas, los contomos del plan como la Ciudad de Bakersfield y de la Agencia del Reconstrueei6n de Bakersfield resolveni las necesidades de la realocaci6n de los negocios y de los residentes en el area Este Plan no dice y no puede decir a este punto donde c~da negocio y residente volverfin a poner si procede el Proyecto. Las entrevistas de los negocios y de los residentes desplazados todavia estfin en curso. E1 Plan contomea la ayuda general, fmaneiera y de otra manera, que sera proporcionada para asegurar la realocaci6n a las localizaciunes convenientes. E1 bosquejo del Plan esta disponible para la revision en la oflcina del Administrafivo de la Ciudad, 1501 Avenida Truxtun, el Departamento de Econ6mico y de la Comtmidad del Desarrollo en 515 Avenida Tmxtun, y la biblioteca por la calle Baker en 1400 Baker St. Se anticipa que la Agenda del Reconstrucci6n de Bakersfield va a repasar el plan el 7 de Octubre 2002 y el Consejo de la Ciudad el 16 de Octubre 2002 y si el Plan es safisfactofio, 1o adaptaran esa fechas. Si usted fiene cualesquiera preguntas o comentahos sobre el Plan, llame pot favor a Asociado del Desarrollo Donna Barnes al 326-3765. vet/d/~eramente Suyo, DONNA L. KUNZ Diputada Ejecufiva Directora Ciudad de Bakersfield City of Bakersfield ° Bakersfield Redevelopment Agency 1501 Truxtun Avenue · Bakersfield · California 93301 (661) 326-3765 · Fax (661) 328-1548 · TDD (661) 324-3631