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HomeMy WebLinkAboutRES NO RA008-07 RESOLUTION NO. RA 0 08- 0 7 A RESOLUTION OF THE BAKERSFIELD REDEVELOPMENT AGENCY APPROVING THE RELOCATION PLAN FOR THE MILL CREEK SOUTH MIXED-USE PROJECT. WHEREAS, the Southeast Bakersfield Redevelopment Project Plan was adopted by the Bakersfield City Council in June, 1999; and WHEREAS, one of the goals of the Southeast Bakersfield Redevelopment Plan is to eliminate blight and encourage development in the Project Area; and WHEREAS, the Bakersfield Redevelopment Agency ("Agency") is charged with the responsibility for implementing the Southeast Bakersfield Redevelopment Plan; and WHEREAS, as such, the Agency and developers are proposing developing a housing project and commercial development in the Southeast Bakersfield Redevelopment Project Area ("the Mill Creek South Mixed-Use Projecf'); and WHEREAS, California law provides for the adoption of a relocation plan prior to proceeding with any phase of a project which will result in the displacement of persons, non-profit organizations or businesses; and WHEREAS, to ensure that displaced businesses and non-profits will receive appropriate relocation assistance and benefits, the Bakersfield Redevelopment Agency has prepared a relocation plan for the "Mill Creek South Mixed Use Projecf'). NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Redevelopment Agency as follows: 1. The above recitals are true and correct. 2. The relocation plan attached hereto as Exhibit "A" is hereby approved to be implemented should the Mill Creek South Mixed-Use Project be approved and proceed. AGENCY ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Bakersfield Redevelopment Agency at a regular meeting thereof held on OCT 2 2 2007 , by the following vote: ~ ~ ABSTAIN: ABSENT: .,/' / ././ ./"/ AGENCY MEMBER BENTLEY, COHEN, KOMAN, MISHOE, ORDIZ, PRINCE, TAKII AGENCY MEMBER ~ AGENCY MEMBER ~ AGENCY MEMBER 0 v-cLi 2- S~~h~ Redevelopment Agency APPROVED: FR RICK PRIN , CHAIRPERSON AKERSFIELD REDEVELOPMENT AGENCY APPROVED AS TO FORM: VIRGINIA GENNARO GENERAL COUNSEL By: l.-t.-- AGENCY ORIGINAL OCTOBER 2007 Relocation Plan for the Mill Creek South Mixed-Use Project Bakersfield Redevelopment Agency and City of Bakersfield Southeast Bakersfield Redevelopment Project Area AGENCY ORIGINAL TABLE OF CONTENTS INTRODUCTION... ............ ......... ......... .................... .......... ............................................ 2 PROJECTED DATE OF DiSPLACEMENT.................................................................... 2 ESTIMATED COST AND FUNDING FOR RELOCATION............................................. 2 ADMINISTRATIVE ORGANIZATION ............ ................ ....................................... ......... 3 ASSISTANCE TO BUSINESSES AND NON-PROFIT ORGANiZATIONS.................. ..4 VACATE NOTICES ........ ............ ......... ........... .... ........... ...................................... ......... .5 RELOCATION PAyMENTS......................................................................................... ..5 NON-RESIDENTIAL RELOCATION PAyMENTS.... ......... ...................................... ...... 5 FILING CLAIMS FOR RELOCATION PAYMENTS ....................................................... 7 ADVANCED PAYMENTS.. ........ ........ ............. ............... .............. ............ ..... ..... ............ 7 DOCUMENTING CLAIMS ......... ......... ............ .............. ............. .............. ...................... 7 G RIEV ANCE PROCEDURES....................................................................................... 8 TEMPORARY MOVES .......... ....... ........... ................. ............ ................................ ......... 8 EXHIBITS.... .............. ............ ....... .......... ............. ............ ................................... ........... 9 RELOCATION PAYMENTS - BUSINESSES, NONPROFIT ORGANIZATIONS AND FARMS........ ........................................................................ ........................................ 10 PROJECT AREA MAP. ........ ........... .......... ................ .............. ....... ............................. 19 GENERAL INFORMATION NOTiCE........................................................................... 20 RELOCATION ASSISTANCE TO DISPLACED BUSiNESSES................................... 22 LETTER REGARDING AVAILlBILlTY OF RELOCATION PLAN................................. 29 AGENCY ORIGINAL INTRODUCTION To carry out the goals and objectives of redevelopment, redevelopment agencies may acquire, assemble, and dispose of property that may result in the displacement of residents or businesses. In such instances, agencies must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 that provides a more equitable and just system for both displaced tenants and property owners. When redevelopment agencies use federal funds, the California Relocation Assistance Act of 1970 provides that, in general, redevelopment agencies must adopt rules and regulations that follow the Federal Act. However, if any provision of the State Act allows relocation benefits or assistance not covered by or in excess of the Federal Act, the State's provision shall apply. This Plan and method of relocation sets forth implementation procedures for the fair, uniform and equitable treatment of persons displaced from their businesses when agreements that could cause displacements or acquisition occurs. It identifies the administrative requirements for conducting relocation and sets forth relocation standards, occupancy standards, 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 Mill Creek South Mixed Use Project by assisting in assembling an area of approximately 10 acres of primarily commercial, and light manufacturing/warehouse industrial type uses, containing no more than six businesses. The project will be developed on property bounded by "a" Street on the west, "s" Street on the east, California Avenue on the south and the Burlington Northern & Santa Fe railroad tracks on the north. The project is planned in association with a future public works improvement project to be located along the Kern Island Canal between Golden State Avenue and California Avenue that will include a linear park and scenic waterway. PROJECTED DATE OF DISPLACEMENT Acquisition of the proposed Mill Creek South Mixed-Use Project properties is expected to start in either September or October 2007. The relocation period is expected to begin in winter, 2007 through spring, 2008. ESTIMATED COST AND FUNDING FOR RELOCATION The estimated cost for relocation is unknown $1,150,000. The source of funds include Bakersfield Redevelopment Agency Housing funds, City of Bakersfield, a Brownfields Economic Development Initiative Grant, Section 108 HUD funds and Southeast Bakersfield Redevelopment Tax Increment funds. There are adequate funds to relocate all the businesses. Services will be provided to ensure that displacement does not result in different or separate treatment based on race, nationality, color, religion, national origin, sex, marital status, familial status AGENCY ORIGINAL 2 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. ADMINISTRATIVE ORGANIZATION 1. Responsible Aaencv The City and Agency are the local public agencies which are responsible for the relocation of businesses and non-profits that are to be displaced by redevelopment activities. The City and Agency will meet their responsibilities through the use of a relocation consultant, and 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. Information will be made available in English and Spanish if requested. 2. Staff The City and Agency have staff and a Relocation Consultant that is responsible for developing and administering the programs for "re-housing" 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 Relocation Consultant and field staff who will assure the successful relocation of all businesses and non-profits. 3. Relocation Consultant The role of the Relocation Consultant is to: Implement all elements of business relocation, including, but not limited to: personal, on-site interviews of prospective displaced businesses to ascertain relocation needs; inform displaced businesses of relocation assistance services and benefits and explain the relocation process; prepare and distribute all required notices (notice to vacate, etc.); assist businesses in locating replacement business sites and provide written referrals; provide on-going assistance; prepare specifications for move and inventory of personal property and furniture, fixtures, and equipment; coordinate move estimates; monitor actual move and re-establishment activities; determine eligibility for and proposed amount of relocation benefits, including actual and reasonable moving payments, re-establishment payments and fixed payments. Prepare and submit all claim forms; deliver benefit assistance; maintain documentation and provide status reports. The Relocation Consultant will also prepare an overall relocation program cost estimate which identifies, in detail, the necessary funding to relocate qualified businesses. 3 AGENCY ORIGINAL 4. 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, property management firms, social agencies, civic groups and others in locating suitable relocation accommodations for displacees. · 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 businesses. · 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 the Relocation Consultant 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 therefor, provide payments in lieu of moving expenses and direct property loss, 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. 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 Consultant and 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 4 AGENCY ORIGINAL basis in obtaining suitable relocation premises, financial help and guidance in re- establishing their operations. The Relocation Consultant and 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. The local 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 Consultant and staff and referrals to them and to others who can assist business displaces. V ACA TE NOTICES After an offer to purchase the property is made by the Agency or City, or an agreement is entered into that may cause displacement, 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 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. 5 AGENCY ORIGINAL NON-RESIDENTIAL RELOCATION PAYMENTS 1. Availabilitv 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. Eliaibility 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 written 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. 3. 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; . Costs incurred in searching for a replacement location for up to $1,000; 6 AGENCY ORIGINAL · 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 low 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, the business 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 business may be paid their anticipated moving 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 small business operations. DOCUMENTING CLAIMS A claim meeting the eligibility criteria of this Plan 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. · 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 a~ may be appropriate to support the claim. AGENCY 7 ORIGINAL · 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. GRIEVANCE PROCEDURES 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 or Relocation Consultant to provide comparable 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. 8 AGENCY ORIGINAL EXHIBITS Exhibit A Relocation Payments - Businesses, Nonprofit Organizations and Farms Exhibit B Project Area Map Exhibit C General Information Notice Exhibit D Relocation Brochure Exhibit E Letter Regarding Availability of Relocation Plan 9 AGENCY ORIGINAL EXHIBIT A HUD - Directive Number: 1378.0 CHAPTER 4. RELOCATION PAYMENTS -- BUSINESSES, NONPROFIT ORGANIZATIONS AND FARMS 4-1. PURPOSE OF CHAPTER. This chapter describes the relocation payments that must be provided to displaced businesses, nonprofit organizations and farm operations. 4-2. PAYMENT FOR ACTUAL REASONABLE MOVING AND RELATED EXPENSES (49 CFR 24.303). a. Eligible Costs. Any business, nonprofit organization or farm operation that qualifies as a displaced person (defined in Paragraph 1-8) is entitled to payment for actual moving and related expenses, as the Agency determines to be reasonable and necessary, including expenses for: (1) Transportation of personal property. Transportation costs for a distance beyond 50 miles are not eligible, unless the Agency determines that relocation beyond 50 miles is justified. (2) Packing, crating, uncrating and unpacking of the personal property. (3) Disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery, equipment, and other personal property, and installing substitute personal property (see Paragraph 4-2a (12)). This includes connection to utilities available nearby. It also includes modifications to the personal property that are necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property. (Expenses for providing utilities from the right-of-way to the building or improvement are covered under Paragraph 4-3b(4).) (4) Storage of the personal property for a period not to exceed 12 months, unless the Agency determines that a longer period is necessary. (5) Insurance for the replacement value of the personal property in connection with the move and necessary storage. (Whenever insurance is not obtained because the agency determines that it is not available on reasonable terms, the Agency shall pay for the replacement value of property lost, stolen, or damaged in the move or storage through no fault of the displaced person.) (6) Any license, permit, or certification required of the displaced person at the replacement location. However, the payment may be based on the remaining useful life of the existing license, permit, or certification. (7) The replacement value of property lost, stolen, or damaged in the process of moving (not through the fault or negligence of the displaced person, his or her agent, or employee) where insurance covering such loss, theft, or damage is not reasonably available. 10 AGENCY ORIGINAL (8) Professional services necessary for: (a) Planning the move of the personal property, (b) Moving the personal property, and (c) Installing the relocated personal property at the replacement location. (9) Re-Iettering signs and replacing stationery on hand at the time of displacement that are made obsolete as a result of the move. (10) Actual direct loss of tangible personal property incurred as a result of moving or discontinuing the business, nonprofit organization or farm operation. The payment shall be the lesser of: (a) The market value of the item for continued use at the displacement site, less the proceeds from its sale. (To be eligible for payment, the claimant must make a good faith effort to sell the personal property, unless the Agency determines that such effort is not necessary.) Payment for the loss of goods held for sale shall not exceed the cost of the goods to the business, nonprofit organization or farm; or (b) The estimated cost of moving the item, but with no allowance for storage. (If the business, nonprofit organization or farm operation is discontinued, the estimated cost shall be based on a moving distance of 50 miles.) (11) The reasonable cost incurred in attempting to sell an item that is not to be relocated. (12) Purchase of substitute personal property. If an item of personal property which is used as part of a business, nonprofit organization or farm operation is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, the displaced person is entitled to payment of the lesser of: (a) The cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade-in of the replaced item; or (b) The estimated cost of moving and reinstalling the replaced item, but with no allowance for storage. (13) Searching for a replacement location. A displaced business, nonprofit organization or farm operation is entitled to reimbursement for actual expenses, not to exceed $1,000, as the Agency determines to be reasonable, which are incurred in searching for a replacement location, including: (a) Transportation. (b) Meals and lodging away from home. (c) Time spent searching, based on reasonable salary or earnings. 11 AGENCY ORIGINAL (d) Fees paid to a real estate agent or broker to locate a replacement site. However, fees or commissions related to the purchase of the site are not eligible. (e) The Agency may exceed the $1,000 ceiling for good cause. Prior HUD approval is not required. The Agency's files must be documented appropriately. (14) Reestablishment expenses, as described in Paragraph 4-3, if the business, nonprofit organization or farm qualifies as a "small business," as defined in Paragraph 4-3a. (15) Other moving-related expenses not listed as ineligible under Paragraph 4-4. b. Notification and Inspection. The following requirements apply to payments under this Paragraph 4-2. (1) The Agency shall inform the person to be displaced, in writing, of the requirements of Paragraphs 4-2b(2) and (3) as soon as feasible. (2) The person to be displaced must provide the Agency reasonable advance written notice of the approximate date of the start of the move or disposition of the personal property and a list of the items to be moved. However, the Agency may waive this notice requirement after documenting its file accordingly. (3) The displaced person must permit the Agency to make reasonable and timely inspections of the personal property at both the displacement and replacement sites and to monitor the move. c. Self-Moves. The Agency and person to, be displaced may find a "self-move," as described in Paragraph 2-7a(2), to be mutually advantageous. d. Transfer of Ownership. Upon request and in accordance with applicable law, the claimant shall transfer to the Agency ownership of any personal property that has not been moved, sold or traded in. e. Advertising Signs. The amount of a payment for direct loss of an advertising sign which is personal property shall be the lesserof: (1) The depreciated reproduction cost of the sign, as determined by the Agency, less the proceeds from its sale; or (2) The estimated cost of moving the sign, but with no allowance for storage. f. Optional Claim Form. A copy of form HUD-40055, "Claim for Actual Reasonable Moving and Related Expenses -- Businesses, Nonprofit Organizations and Farm Operations," is contained in Appendix 16. The form is optional; however, if the form is not used, the equivalent documentation must be included in the grantee's files. 12 AGENCY ORIGINAL 4-3. PAYMENT FOR REESTABLISHMENT EXPENSES (49 CFR 24.304). a. Definition of "Small Business." For purposes of this Paragraph 4-3, a "small business" is any business, nonprofit organization or farm having not more than 500 employees at the project site, except a business displaced from a site occupied solely by outdoor advertising signs, displays, or devices. b. Payment. In addition to the payment under Paragraph 4-2, a displaced "small business" is entitled to receive a payment, not to exceed $10,000, for reasonable and necessary expenses actually incurred in relocating and reestablishing operations at a replacement site, including: (1) Repairs or improvements to the replacement real property as required by Federal, State or local law, code or ordinance. (2) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. (3) Construction and installation of new exterior advertising sign(s). (4) Provision of utilities from the right-of-way to improvements on the replacement site. (5) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling, or carpeting. (6) Licenses, fees and permits that are not eligible under Paragraph 4-2a(6). (7) Feasibility surveys, soil testing and marketing studies. (8) Advertisement of the replacement location. (9) Professional services and incidental expenses in connection with the purchase or lease of a replacement property. (10) Estimated increased costs of operation during the first 2 years at the replacement site for such items as: (a) Lease or rental charges, (b) Personal or real property taxes, (c) Insurance premiums, and (d) Utility charges, excluding impact fees. (11) Impact fees or one-time assessments for anticipated heavy utility usage. (12) Other reestablishment expenses determined by the Agency to be essential to reestablishment of the business, nonprofit organization or fan-n that are not listed as ineligible in Paragraph 4-4. c. Optional Claim Form. Section F of form HUD-40055, included in Appendix 16, can be used to claim reestablishment expenses. 13 AGENCY ORIGINAL 4-4. MOVING AND REESTABLISHMENT EXPENSES THAT ARE NOT ELIGIBLE. a. Reasonable and Necessary. A displaced person is eligible for payment of moving, reestablishment and related expenses to the extent that the Agency determines such expenses to be reasonable and necessary. The Agency may limit reimbursement to the amount required to accomplish the objective of the payment by the least costly method that does not cause undue hardship. b. Generally Ineligible Expenses. The following expenses are ineligible under Paragraph 4-2 or 4-3: (1) Loss of goodwill; or (2)Loss of profits; or (3) Loss of trained employees; or (4) Personal injury; or (5) Interest on a loan to cover any costs of moving or reestablishment expenses; or (6) Any legal fees or other cost for preparing a claim for a relocation payment or for representing the claimant before the Agency; or (7) The cost of moving any structure or other real property improvement in which the displaced person reserved ownership. (This does not, however, preclude the computation under Paragraph 3-3d(5)); or (8) Costs for storage of personal property on real property already owned or leased by the displaced person before the initiation of negotiations. c. Limited Eligibility. (1) The cost of physical changes to the real property is ineligible, except as provided in Paragraph 4-2a(3) and Paragraph 4-3. (2) The purchase of capital assets (e.g., office furniture, filing cabinets, machinery or trade fixtures), manufacturing materials, production supplies or product inventory, is ineligible, except as provided in Paragraph 4-2a. (3) Interior or exterior refurbishments which are solely for aesthetic purposes are ineligible, except as provided in Paragraph 4-3b(5). 4-5. FIXED PAYMENT (ALTERNATIVE ALLOWANCE) TO BUSINESS OR FARM. a. Business (49 CFR 24.306(a)). (1) Eligibility Conditions. A displaced business is eligible to choose a payment under this Paragraph, as an alternative to the payments under Paragraphs 4-2 and 4-3, if the Agency determines that: 14 AGENCY ORIGINAL (a) The business either (i) discontinues operations, or (ii) it relocates but is likely to incur a substantial loss of its existing patronage (measured in terms of clientele or net earnings at the discretion of the Agency). A business is assumed to meet this test unless the Agency determines that it will not suffer a substantial loss of its existing patronage; and (b) The business is not part of a commercial enterprise having more than three other entities which are not being displaced by the Agency, and which are under the same ownership and engaged in the same or similar business activities; and (c) The business contributed materially to the income of the displaced person (see Paragraph 4-5c); and (d) The business operation at the displacement property (either dwelling or site) is not solely for the rental of that real property to another. (2) Amount of Payment. The payment shall be equal to the average annual net earnings of the business as determined in accordance with Paragraph 4-5d. However, the payment shall not exceed $20,000 nor be less than $1,000. (3) Determining the Number of Businesses. In determining whether two or more displaced legal entities constitute a single business which is entitled to only one fixed payment, all pertinent factors shall be considered, including the extent to which: (a) The same premises and equipment are shared; (b) Substantially identical or interrelated business functions are carried out and business and financial affairs are commingled; (c) The entities are held out to the public, and to those customarily dealing with them, as one business; and (d) The same person or closely related persons own, control, or manage the affairs of the entities. b. Farm Operation (49 CFR 24.306(c)). (1) Eligibility. Any displaced farm operation is eligible to choose a fixed payment, as an alternative to the payment under Paragraph 4-2. In the case of a partial acquisition of land which was a farm operation before the acquisition, the fixed payment shall be made only if the Agency determines that: (a) The acquisition of part of the land caused the operator to be displaced from the farm operation on the remaining land; or (b) The partial acquisition caused a substantial change in the nature of the farm operation. 15 AGENCY ORIGINAl. (2) Amount of Payment. The payment shall be an amount, not to exceed $20,000, nor less than $1,000, that is equal to the average annual net earnings of the farm operation as determined under Paragraph 4-5d. c. Contribute Materially. The term "contribute materially" means that during the 2 taxable years prior to the taxable year in which the displacement occurred, or during such other period as the Agency determines to be more equitable, the business or farm operation: (1) Had average annual gross receipts of at least $5,000; or (2) Had average annual net earnings of at least $1,000; or (3) Contributed at least 33-1/3 percent of the owner's or operator's average annual gross income from all sources. If the Agency determines that the application of these criteria would cause an inequity or hardship, it shall waive this criteria. d. Determination of Average Annual Net Earnings of Business or Farm. (1) General. The average annual net earnings of a business or farm operation are one-half of its net earnings before Federal, State, and local income taxes during the 2 taxable years immediately prior to the taxable year in which it was displaced. If the business or farm was not in operation for the full 2 taxable years prior to displacement, net earnings shall be based on the actual period of operation at the displacement site projected to an annual rate. Average annual net earnings may be based upon a different period of time when the Agency determines it to be more equitable. Net earnings include any compensation obtained from the business or farm operation by its owner, the owner's spouse, and dependents. (2) Adjustments to Reported Income. To the extent that reported income/profit on tax returns has been reduced by the inclusion of expenses not actually incurred in the base period, the reported income/profit shall be adjusted by adding back such expense (e.g., a loss carried over from a previous year or carried back from a later year, or declared depreciation in excess of actual or straight-line depreciation). To the extent that reported income/profit was inflated by receipts not earned during the base period (e.g., refund of State or local income taxes or income included under the tax benefit rule because a deduction taken in a previous year was disallowed), the reported income/profit may be adjusted by subtracting such amount. (3) Documentation. The person shall furnish the Agency proof of net earnings through income tax returns, certified financial statements, or other reasonable evidence which the Agency determines is satisfactory. e. Optional Claim Form. A copy of form HUD-40056, "Claim for Fixed Payment in Lieu of Payment for Actual Moving and Related Expenses -- Businesses, Nonprofit Organizations and Farm Operations," is contained in Appendix 17. The form is optional; however, if the form is not used, equivalent documentation must be included in the grantee's files. 16 AGENCY ORIGINAL 4-6. FIXED PAYMENT (ALTERNATIVE ALLOWANCE) FOR NONPROFIT ORGANIZATION (49 CFR 24.306(d)). a. Eligibility. A displaced nonprofit organization (defined in Paragraph 1-18) is eligible to choose a fixed payment, as an alternative to a payment for actual reasonable moving and related expenses under Paragraph 4-2, if it discontinues operations, or it relocates but is likely to suffer a substantial loss of existing patronage (measured by membership or clientele). A nonprofit organization is assumed to meet this test unless the Agency demonstrates otherwise. b. Determination of Payment. (1) Amount of Payment. The payment shall be equal to the amount determined by subtracting average annual administrative expenses from average annual gross revenue; however, the payment shall not exceed $20,000, nor be less than $1,000. The determination of average annual expenses and revenues shall be based on the two most recent fiscal years. If not in operation for two full fiscal years, the payment shall be based on a representative period of operation as determined by the Agency. (2) Gross Revenues include membership fees, class fees, cash donations, tithes, receipts from sales or other forms of fund collection that enable the nonprofit organization to operate. (3) Administrative Expenses include rent, utilities, salaries of support staff, advertising and fund-raising expenses. Operating expenses incurred in carrying out the purpose of the nonprofit organization (e.g., salaries of staff providing services) are not considered administrative expenses. 4-7. RELOCATION OF UTILITY FACILITY (SYSTEM) (49 CFR 24.307). a. Definition of Utility Facility (System). The term "utility facility" means any electric, gas, water, steam power, or materials transmission or distribution system; any transportation system; any communications system, including cable television; and any fixtures, equipment, or other property associated with the operation, maintenance, or repair of any such system. A utility facility may be publicly, privately, or cooperatively owned. b. Amount of Payment. (1) Under this Paragraph 4-7, the Agency may pay for the reasonable and necessary extraordinary expenses incurred to functionally restore the disrupted utility service, including expenses for: (a) Removing and reinstalling the system, including the provision of temporary facilities; (b) Acquiring necessary right-of-way at the new location; (c) Moving, rearranging or changing the type of existing facilities; 17 AGENCY ORIGINAL (d) Constructing a replacement system that is functionally equivalent to the existing system and necessary for the continued operation of the utility service, the project economy, or the sequence of project construction; and (e) Necessary safety and protective measures. (2) The payment under this Paragraph 4-7 shall cover only those expenses that are not routine or predictable; are not ordinarily budgeted as operating expenses; and are not covered by an agreement under which the owner of the utility facility has explicitly accepted responsibility for such expense. (3) The payment under this Paragraph 4-7 shall be reduced by (a) the increase in the value of the utility system resulting from the improvements paid for by the Agency, and (b) the salvage value of the old system. c. Payment Is at Agency Discretion. The URA does not require an Agency to pay for the relocation of a utility facility (system). The Agency may, however, at its discretion, elect to pay all or part of the extraordinary expenses incurred in the relocation of a utility facility as described in this Paragraph 4-7. d. Eligibility Conditions. To be eligible for a payment under this Paragraph 4-7, the following criteria must be met: (1) The utility facility (system) legally occupies State or local government property, or property over which the State or local government has an easement or right-of- way; and (2) The utility facility's right of occupancy of the property exists pursuant to State law or local ordinance specifically authorizing such use, or has been granted through a franchise, use and occupancy permit, or other agreement; and (3) Relocation of the utility facility is required by the project or program; and (4)There is no Federal law, other than the URA, that establishes a policy requiring the payment to be made; and (5) The payment is permitted by State and local law. e. Agreement with Owner. The Agency and the owner of the utility system must reach prior agreement on the nature of the work to be performed, the costs eligible for reimbursement by the Agency, the interim and permanent financing, the tasks for which each is responsible and the method of accumulating costs and making payment. In reaching the agreement, the practices described in the Federal Highway Administration regulation, 23 CFR Part 645, Subpart A, Utility Relocations, Adjustments and Reimbursement, should be followed. 18 AGENCY ORIGINAL EXHIBIT B 19 AGENCY ORIGINAL EXHIBIT C September 30,2007 Re: GENERAL INFORMATION NOTICE REGARDING MILLCREEK SOUTH 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 Mill Creek South 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 business locations, and at least 90 days advance written notice of the date you will be required to move. Upon your relocation, you will also receive a payment for moving expenses. 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. 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 AGENCY 20 ORIGINAL 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, Darnell W. Haynes Principal Planner 21 AGENCY ORIGINAL EXHIBIT D U.S. Department of Housing and Urban Development RELOCATION ASSISTANCE TO DISPLACED BUSINESSES, NONPROFIT ORGANIZATIONS AND FARMS Introduction This booklet describes the relocation assistance and payments provided to displaced businesses, nonprofit organizations and farms under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended(URA). This includes any such occupant that moves from real property, or moves personal property from real property, as a direct result of acquisition, rehabilitation or demolition for a Federal project or a project in which Federal funds are used. If you are notified that you will be displaced, 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. Pursuant to Public Law 105-117, aliens not lawfully present in the United States are not eligible for federal relocation assistance, unless such ineligibility would result in exceptional hardship to a qualifying spouse, parent, or child. All persons seeking federal relocation assistance will be required to certify that they are a United States citizen or national, or an alien lawfully present in the United States. This booklet may not answer all of your questions. If you have more questions about your relocation, contact the Agency responsible for the project. (Check the back of this booklet for the name of the person to contact at the Agency.) Ask your questions before you move. Afterwards, it may be too late. Summary of Relocation Assistance As an eligible displaced person, you will be offered the following advisory and financial assistance: . Advisory Services includes referrals to suitable replacement locations, help in preparing claim forms for relocation payments and other assistance to minimize the impact of the move. . Payment for Moving and Reestablishment Expenses falls into two general categories: * Payment for Actual Reasonable Moving and Related Expenses. If you choose this payment, you may also be eligible for a Payment for Reestablishment Expenses, up to $10,000. * Fixed Payment ("In Lieu Of" Payment). As an alternative to receiving payment for your actual, reasonable and related moving and reestablishment expenses, certain persons are eligible to choose a Fixed Payment in the amount of $1,000 - $20,000. 22 AGENCY ORIGINAL General Questions How Willi Know I Am Eligible For Relocation Assistance? You should receive a written notice explaining your eligibility for relocation assistance. You should not move before receiving that notice. If you do, you may not be eligible for relocation assistance. How Will The Agency Know How Much Help I Need? You will be contacted at an early date and personally interviewed by a representative of the Agency to determine your relocation needs and preferences.:. How Soon Willi Have To Move? Every reasonable effort will be made to provide you with sufficient time to find and reestablish your business in a suitable replacement location. If possible, a mutually agreeable date for the move will be worked out. Unless there is a health or safety emergency, you will not be required to move without at least 90 days advance written notice. How Willi Find A Replacement Location? The Agency will provide you with current information on available replacement locations that meet your needs. The Agency may also provide you with the names of real estate agents and brokers who can assist you in finding the type of replacement location you need. While the Agency will assist you in obtaining a suitable replacement location, you should take an active role in finding and relocating to a location of your choice; no one knows your needs better than you. When searching for a replacement location for your business, you should ensure that there are no zoning or other requirements which will unduly restrict your planned operations. What Other Assistance Will Be Available To Help Me? In addition to help in finding a suitable replacement location, other assistance, as necessary, will be provided by the Agency. This includes providing information on Federal, State, and local programs that may be of help in reestablishing a business. For example, the Small Business Administration (SBA) provides managerial and technical assistance to some businesses. You should ask the Agency representative to tell you about the specific services that may be available to help you. 23 AGENCY ORIGINAL I Have A Replacement Location And Want To Move. What Should I Do? Before you make any arrangements to move, notify the Agency as soon as possible. The Agency will discuss the move with you and advise you of the relocation payment(s) for which you may be eligible, the requirements to be met, and how to obtain a payment. I Plan To Discontinue My Business Rather Than Move. What Should I Do? If you have decided to discontinue your business rather than reestablish, you may still be eligible to receive a payment. Contact the Agency and discuss your decision to discontinue your business. You will be informed of the payment, if any, for which you may be eligible and the requirements that must be met to obtain the payment. I Own This Property. Willi Be Paid For It Before I Have To Move? If you reach a negotiated agreement to sell your property to a public agency, you will not be required to move before you receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court. (You should be able to withdraw this amount immediately, less any amounts necessary to payoff any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property.) Ask the Agency to provide you a copy of the HUD information brochure, When a Public Agency Acquires Your Property (HUD-1041-CPD). If you have any questions about the acquisition of your property, please contact the Agency. What Moving Expenses Are Eligible For Payment? If you choose a Payment For Actual,_Reasonable Moving and Related Expenses, you may include in your claim the reasonable and necessary cost of: . Transportation of the displaced person and personal property. Transportation costs beyond 50 miles are ineligible, unless the Agency determines that relocation beyond 50 miles is justified. . Packing, crating, unpacking, and uncrating personal property. . Disconnecting, dismantling, removing, reassembling, and reinstalling relocated personal property including machinery, equipment, substitute personal property, and connections to utilities available within the building; it also includes modifications to the personal property, including those mandated by Federal, State or local law, code or ordinance, necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property. . Storage of the personal property for a period not to exceed 12 months, unless the Agency determines that a longer period is necessary. AGENCV 24 ORIG1NAL . Insurance for the replacement value of the property in connection with the move and necessary storage. · The replacement value of property lost, stolen, or damaged in the process of moving where insurance covering such loss, theft, or damage is not reasonably available. . Any license, permit, fees or certification required at the replacement location. However, the payment may be based on the remaining useful life of the existing license, permit, fees or certification. . Professional services as the Agency determines to be actual, reasonable and necessary for: Planning the move of the personal property; Moving the personal property; and Installing the relocated personal property at the replacement location. . Relettering signs and replacing stationery on hand at the time of displacement that are made obsolete as a result of the move. . Actual direct loss of tangible personal property incurred as a result of moving or discontinuing the business or farm operation. The payment shall consist of the lesser of: (1) The fair market value in place of the item, as is for continued use, less the proceeds from its sale; or (2) The estimated cost of moving the item as is, but not including any allowance for storage or for reconnecting a piece of equipment, if the equipment is in storage or not being used at the acquired site. If the business or farm operation is discontinued, the estimated cost of moving the item shall be based on a moving distance of 50 miles. . The reasonable cost incurred in attempting to sell an item that is not to be relocated. . Purchase of substitute personal property. If an item of personal property, (which is used as part of a business or farm operation) is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, the displaced person is entitled to payment of the lesser of: (1) The cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade-in of the replaced item; or (2) The estimated cost of moving and reinstalling the replaced item but with no allowance for storage. . Searching for a replacement location. A business or farm operation is entitled to reimbursement for actual, reasonable expenses, not to exceed $2,500, which are incurred in searching for a replacement location, including: Transportation; meals and lodging away from home; time spent searching, obtaining permits, attending zoning hearings and negotiating the purchase or lease of a replacement site (based on reasonable salary or earnings); fees paid to a real estate agent or broker to locate a replacement site (exclusive of any fees or commissions related to the purchase of such sites). 25 AGENCY ORIGINAL . Low value/high bulk. When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the displacing Agency, the allowable moving cost payment shall not exceed the lesser of: (1) the amount which would be received if the property were sold at the site or (2) the replacement cost of a comparable quantity delivered to the new business location. Examples include, but are not limited to, stockpiled sand, gravel, minerals, metals and other similar items of personal property as determined by the Agency. In addition to the eligible expenses for moving personal property listed above, the following items are also eligible moving expenses if the Agency determines they are actual, reasonable and necessary: . Connection to available nearby utilities from the right-of-way to improvements at the replacement site. . Professional services (based on a reasonable Agency pre-approved hourly rate) performed prior to the purchase or lease of a replacement site to determine its suitability for the displaced person's business operation including but not limited to, soil testing, feasibility and marketing studies (excluding any fees or commissions directly related to the purchase or lease of such site). . Impact fees or one time assessments for anticipated heavy utility usage. The Agency will explain all eligible moving and related 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. The Agency will inform you of the documentation needed to support your claim. You may elect to pay your moving costs yourself and be repaid by the Agency or, if you prefer, you may have the Agency pay the mover. In either case, select your mover with care. The Agency can help you select a reliable and reputable mover. Also, keep the Agency informed about your moving plans. You must provide the Agency reasonable advance written notice of the approximate date of the start of your move or disposition of your personal property and an inventory of the items to be moved. The Agency may agree to waive this requirement. You must permit the Agency to make reasonable and timely inspections of the personal property at the old and new locations and to monitor the move. What Is A Payment For Reestablishment Expenses? If you choose to receive a payment for your actual moving and related expenses, you may also be eligible to receive a payment for reestablishment expenses, not to exceed $10,000. Such expenses must be reasonable and necessary, as determined by the Agency. They include, but are not limited to the following: . Repairs or improvements to the replacement real property as required b' Federal, State or local law, code or ordinance. 26 AGENCY ORIGINAL · Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. · Construction and installation costs for exterior signing to advertise the business. · Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling, or carpeting. . Advertisement of replacement location. · Estimated increased costs of operation during the first 2 years at the replacement site for such items as: Lease or rental charges; Personal or real property taxes; Insurance premiums; and Utility charges, excluding impact fees. · Other items that the Agency considers essential to the reestablishment of the business. What Is A Fixed Moving Payment ("In Lieu Of" Payment)? Certain businesses, nonprofit organizations and farms are eligible to obtain a Fixed Moving Payment, "in lieu of" receiving a payment for Actual, Reasonable Moving and Related Expenses and a Payment for Reestablishment Expenses. The Fixed Payment for a business or farm operation is based on the average annual net earnings of the business or farm operation; the Fixed Payment for a nonprofit organization is based on average annual gross revenues less administrative expenses. A Fixed Payment will not be less than $1,000, nor more than $20,000. Check with the Agency to see if you are eligible for this payment option. The Agency will inform you as to your eligibility for this payment and the documentation you must submit to support your claim. Remember, when you elect to take this payment you are not entitled to reimbursement for any other moving or reestablishment expenses. Must I File A Claim For A Relocation Payment? Yes. You must file a claim for a relocation payment. The Agency will, however, provide you with the required claim form, help you to complete it, and explain the type of documentation that you must submit in order to receive the payment. All claims for relocation payments must be filed no later than 18 months after: For tenants, the date of your move. For owners, the later of (1) the date of your move; or (2) the date of final payment for the acquisition of your property. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months, ask the Agency to consider extending this period. You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified of the problem in writing and the action you must take to resolve the matter. If you must pay any relocation expenses before you move, discuss your needs with the Agency. You should be able to obtain an advance payment. An advance payment may be placed in "escrow" to ensure that the move will be completed on a timely basis. 27 AGENCY ORIGINAL Willi Have To Pay Rent To The Agency Before I Move? If the Agency acquires your property, you may be required to pay a fair rent to the Agency for the period between the acquisition of the property and the date that you move. Such rent will not exceed the market rent for comparable properties in the area. Do I Have To Pay Federal Income Taxes On My Relocation Payments? No. Section 216 of the URA states that you need not report relocation payments as part of your gross income for Federal tax purposes. For information on State or local income taxes, you should check with the State or local income tax office in your area or with your personal tax advisor. If I Don't Receive The Required Assistance, Can I Appeal? Yes. If you disagree with the Agency's decision as to your right to relocation assistance or the amount of a payment, you may appeal the decision to the Agency. The Agency will inform you of its appeal procedures. At a minimum, you will have 60 days to file your appeal with the Agency after you receive written notification of the Agency's determination on your claim. Your appeal must be in writing. However, if you need help, the Agency will assist you in preparing your appeal. If you are not satisfied with the Agency's final decision on your appeal, you may seek review of the matter by the courts. I Have More Questions. Who Will Answer Them? If you have further questions after reading this booklet, contact the Agency and discuss your concerns with the Agency representative. Agency: Bakersfield Redevelopment Agency Address: 1600 Truxtun Avenue, Suite 300, Bakersfield, California 93301 Office Hours: 8:00 a.m. to 5 p.m. Telephone Number: (661) 326-3765 Person to Contact: Darnell W. Haynes 28 AGENCY ORIGINAL EXHIBIT E September 30,2007 Dear Property Owners and Business Occupants: The purpose of this letter is to inform you that a draft of the Relocation Plan for Mill Creek South Mixed Use Project ("Plan" herein) is available for review. The Plan is a document which set forth the number of businesses including non- profit organizations which may be displaced if the Project goes forward. Additionally, the Plan outlines how the City of Bakersfield and/or the Bakersfield Redevelopment Agency will meet the relocation needs of the businesses in the area. The Plan does not and cannot purport to say at this point where each business will relocate should the Project proceed. Interviews of the displaced businesses are still underway. The Plan outlines the general assistance, financial and otherwise, that will be provided to ensure relocation and replacement to suitable locations. The draft Plan is available for review at the City Clerk's office, 1501 Truxtun Avenue, at the Economic and Community Development Department, 1600 Truxtun Avenue, Suite 300 and at the Beale Library, 1415 Truxtun Avenue. It is anticipated that the Bakersfield Redevelopment Agency will review the Plan on October 22, 2007. City Council review is scheduled for October 24,2007. 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 Darnell Haynes at 326-3765. Yours very truly, Donna L. Kunz Deputy Executive Director 29 AGENCY ORIGINAL