Loading...
HomeMy WebLinkAboutRDA Reso No 2009-04 ~ ~ n RESOLUTION NO. 2009-04 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE ADOPTING A REVISED METHOD OR PLAN FOR RELOCATION IN THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II AND III WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ("Agency") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Califomia Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California ("CRL")); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plans ("Redevelopment Plans") for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III ("Project Areas"), which were adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore ("City Council"), by Ordinance No. 607 on September 23, 1980 (the "Original Plans"); and WHEREAS, the Original Plan for Project Area No. I was amended by Ordinance No. 624 on July 20, 1981, Ordinance No. 987 on November 22, 1994 and Ordinance No. 1249 on February 26, 2008; the Original Plan for Project Area No. II was amended by Ordinance 671 on July 18,1983, by Ordinance No. 987 on November 8,1994, and by Ordinance No. 1249 on February 26,2008; the Original Plan for Project Area No. III was amended by Ordinance No. 987 on November 8, 1994, and by Ordinance No. 1249 on February 26, 2008, collectively the "Amendments"; and WHEREAS, CRL Section 33411 provides that a redevelopment agency shall prepare a feasible method or plan for relocation of all of the following: (a) families and person to be temporarily or permanently displaced from housing facilities in the project area; and (b) non-profit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the project area; and WHEREAS, CRL Section 33411.1 provides that the legislative body shall insure that such method or plan of the Agency for the relocation of families or single person to be displaced by a project shall provide that no person or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced person or families and must be decent, safe, sanitary, and otherwise standard dwelling. The Agency shall not displace such person of family until such housing units are available and ready for occupancy; and WHEREAS, pursuant to CRL Sections 33411 and 33411.1, the Agency prepared and adopted a method or plan for implementing the provisions of CRL Sections 33411 and 33411.1 as applicable to the Project Areas (the "Plan or Method for Relocation") in connection with the Agency's adoption of the Original Plans and the Amendments; and WHEREAS, that in connection with the proposed amended and restated n n n redevelopment plans processed concurrently herewith, the Agency desires to update the Plan or Method for Relocation in substantially the form attached to this resolution (the "Revised Plan or Method for Relocation"); and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Redevelopment Agency of the City of Lake Elsinore hereby approves and adopts the attached "Revised Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III for the Redevelopment Agency of the City of Lake Elsinore", attached hereto as Exhibit "A" and incorporated herein by reference, as the Revised Plan or Method of Relocation. The Revised Plan or Method of Relocation attached hereto as Exhibit "A" shall be binding and shall supersede and replace any and other versions of any Plan or Method of Relocation prepared and/or adopted by the Agency in their entirety. The Revised Plan or Method of Relocation shall be available for public inspection as of this date. SECTION 2. This Resolution shall become effective from and after its date of adoption. PASSED, APPROVED, AND ADOPTED this 24 day of Marc ,2009. THO AS BUCKLEY, CHAIRMAN ./-fATTEST:- .... M: ARBARA LEIBOLD, AGENCY COUNSEL n n n STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Debora Thomsen, Agency Secretary of the Redevelopment Agency of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-04 was adopted by the Redevelopment Agency Board of the Redevelopment Agency of the City of Lake Elsinore at a regular meeting held on the 24 day of March 2009, and that the same was adopted by the following vote: . AYES: NOES: ABSTAIN: ABSENT: Chairman Thomas Buckley, Vice-Chairwoman Amy Bhutta, Member Daryl Hickman, Member Robert Magee, Member Melissa Melendez None None None /Jd~ ~~f~; ~ DEBORA THOMSEN, AGENCY SECRETARY . ~,. - ~ - . ::: : - ! "' . v~- _ ..;0....-'~ . .>'-- ._"~ .' EXHIBIT "A" n Revised Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III for the Redevelopment Agency of the City of Lake Elsinore [Attached] n n n REVISED METHOD OR PLAN FOR RELOCATION IN THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II AND III FOR THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE n Adopted by: Redevelopment Agency of the City of Lake Elsinore March 24, 2009 Resolution No. 2009-04 n n I. II. III. IV. V. VI. VII. VIII. n 1. 2. 3. 4. 5. 6. n TABLE OF CONTENTS PAGE [SECTION 100] PURPOSE AND INTENT ...........................................................1 [SECTION 200] DEFINITIONS.............................................................................1 [SECTION 300] AGENCY DISPLACEMENT ......................................................2 [SECTION 400] RELOCATION IN THE EVENT OF AGENCY DISPLACEMENT ................................................................................................ 3 [SECTION 500] RULES AND REGULATIONS...................................................3 [SECTION 600] AGENCY DETERMINATIONS AND ASSURANCES................3 [SECTION 700] RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING ........................5 [SECTION 800] ADMINISTRATIVE ORGANIZATION.........................................5 Responsible Entity. ......... ...................................... ........................ ..... ...............5 Functions.................................................................................. ........................ 5 Information Program ....................................... ...................... ................... .........7 Relocation Record ............................................................................................7 Relocation Resources Survey........................................................................... 7 Relocation Payments...................................... ..................................................8 Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I. II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page i PA0810007,lE:P^:gbd 15190.005.006,110/29100 1\ n n METHOD OR PLAN FOR RELOCATION IN THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II AND III FOR THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE I. [SECTION 100] PURPOSE AND INTENT Section 33411 of the CRL requires the Agency to prepare a feasible "method or plan" for relocation of families or persons to be temporarily or permanently displaced from housing facilities in the Project Area, and for non-profit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the Project Area. Section 33411.1 requires the legislative body to insure that "...such method or plan of the agency...shall provide that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary, and otherwise standard dwelling. The agency shall not displace such person or family until such housing units are available and ready for occupancy." This Method or Plan for Relocation is not intended to be a "Relocation Plan' within Ihe meaning of Section 6038 of the "Relocation Assistance and Real Property Acquisition Guidelines" promulgated by the California Department of Housing and Community Development (California Code of Regulations, Division 1 of Title 25, commonly called the "State Guidelines"). As described below, a Section 6038 Relocation Plan is not prepared until the Agency Initiates negotiations for the acquisition of real property and prior to proceeding with any phase of a public improvement or facility project or other implementation activity that would result in any displacement other than an insignificant amount of non-residential dispiacement. II. [SECTION 200] DEFINITIONS As used herein, the following defin~ions apply: 1) "City" means the City of Lake Elsinore. 2) "Agency" means the Redevelopment Agency of the City of Lake Elsinore. 3) "Amended and Restated Redevelopment Plans" means the Amended and Restated Redeveiopment Plans for Rancho Laguna Redevelopment Project Areas No.'I, II and III. 4) "Project Area" means each of the Rancho Laguna Redevelopment Project Areas No. I, 11 or Ill. 5) "CRL" means the California Community Redevelopment law. 6) "Person" means any individual, partnership, corporation, limited liability company or association. Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page 1 n n n 7) "Low and Moderate Income Persons and Families" means those persons or families of low and moderate income, as defined in Section 50093 of the Health and Safety Code. 8) 'Business' means any lawful activity primarily for the purchase, sale, lease, or rental of personal and real property, and for the manufacturing, processing, or marketing of products, commodities, or any other personal property. 9) "Displaced Person" means any person who moves from real property, or who moves his or her personal property from real property as a direct result of a written notice of intent to acquire or the acquisition of, the real property, in whole or in part, for a program or project undertaken by the Agency or by any person having an agreement with, or action on behalf of the Agency. 10) "Eligible Person" includes any Displaced Person with the following excepfions: (1) is in unlawful occupancy of the displacement dwelling; (2) whose right of possession at the time of moving arose after the date of the Agency's acquisition of the real property; (3) who has occupied the real property for the purpose of obtaining assistance under this Method or Plan for Relocation; and (4) who occupies the property for a period subject to termination which the property is needed for the program or project. 11) "Relocation Appeals Board" means the entity that will decide on any dispute between a person and the Agency regarding relocation eligibility and relocation payments. The members of the Relocation Appeals Board are to be appointed by the Mayor, subject to the approval of the City Council (H&SC 33417.5), 12) "California State Relocation Law" means California Government Code Section 7260 et seq. in effect as of the date of adoption of this Method or Plan for Relocation and as may be subsequently amended. 13) "California State Relocation Guidelines" means Title 25, California Code of Regulations, Division 1, Ch. 6, Articles 1-6, Section 6000 et seq. in effect as of the date of adoption of this Method or Plan for Relocation and as may be subsequently amended III. [SECTION 300] AGENCY DISPLACEMENT The Agency anticipates that its programs of land assembly and upgrading and installation of public Improvements and facilities needed within the Project Area. will provide an incentive for future owners and the private sector to develop or redevelop vacant, underutilized and blighted properties and to achieve the goals and objectives for the redevelopment of the Project Area. To the extent that the Agency acquires occupied property through voluntary sale for land assembly or other purposes in the future, or enters into agreements with future owners, developers, or others under which occupants will be required to move, the Agency will cause or will be responsible, to the extent provided by law, for causing such displacement of occupants. The Agency is not responsible for any displacement, which may occur as a result of private development activfties not directly assisted by the Agency under a disposition and development, participation, or other such agreement. Method or Plan for Relocation in the Rancho La9una Redevelopment Project Areas No. I, II and I II for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page 2 ~I n o IV. [SECTION 400] RELOCATION IN THE EVENT OF AGENCY DISPLACEMENT Displacement of businesses or tenants may occur voluntarily under Agency programs and activities over the life of the Amended and Restated Redevelopment Plan. Should such displacement occur, the Agency will provide persons, families, business owners and tenants displaced by Agency activities with monetary and advisory relocation assistance consistent with the California Relocation Assistance Law (State Government Code, Section 7260 et seq.), the State Guidelines adopted and promulgated pursuant thereto, and the provisions of the Amended and Restated Redevelopment Plan. The Agency will pay all relocation payments required by State and Federal law. The following portions of this Method or Plan for Relocation outline the general relocation rules and procedures, which must be adhered to by the Agency in activities requiring the relocation of persons and businesses. Also identified below are the Agency determinations and assurances, which must be made prior to undertaking relocation activities. The Agency's functions in providing relocation assistance and benefits are also summarized. V. [SECTION 500] RULES AND REGULATIONS In connection with the preparation of a Relocation Plan adopted pursuant to Section 6038 of the State Guidelines, the Agency shall adopt rules and regulations that: (1) implement the requirements of California Relocation Assistance Law (Government Code, Chapter 16 of Division 7 of Title 1, commencing with Section 7260) (the "Act"); (2) are in accordance with the provisions of the State Guidelines; (3) meet the requirements of the CRL and the provisions of the Amended and Restated Redevelopment Plan; and (4) are appropriate to the particular activities of the Agency and not inconsistent with the Act or the State Guidelines. VI. [SECTION 600] AGENCY DETERMINATIONS AND ASSURANCES 1. The Agency may not proceed with any phase of a project or other activity which will result in the displacement of any person or business until it makes the following determinations: a. Fair and reasonable relocation payments will be provided to eligible persons as required by State and Federal law, the State Guidelines, and Agency rules and regulations adopted pursuant thereto. b. A relocation assistance advisory program offering the services described in the State Guidelines will be established. c. Eligible persons will be adequately informed of the assistance, benefits, policies, practices and procedures, including grievance procedures, provides for in the State Guidelines. d. Based upon recent survey and analysis of both the housing needs of persons who will be displaced and available replacement housing, and considering competing demands for that housing, comparable replacement dwellings will be Method or Plan for Relocation in the Rancho Laguna Keyser Marston Associates, Inc. Redevelopment Project Areas No. I, II and III Page 3 for the Redevelopment Agency of the City of Lake Elsinore n D I 10 I I available, or provided, if necessary, within a reasonable period of time prior to displacement sufficient in number, size and cost for the eligibie persons who require them. e. Adequate provisions have been made to provide orderly, timely and efficient relocation of eligible persons to comparable replacement housing available without regard to race, color, religion, sex, marital status, or national origin with minimum hardship to those affected. f. A Relocation Plan meeting the requirements of State law and the State Guidelines has been prepared. 2. No person shall be displaced until the Agency has fulfilled the obligations imposed by State and Federal law, the CRL, the Amended and Restated Redevelopment Plan, the State Guidelines and the Agency rules and regulations. 3. No persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such dispiaced persons or families and must be decent, safe, sanitary and an otherwise standard dwelling. The Agency shall not displace such persons or families until such housing units are available and ready for occupancy. 4. If any portion of the Project Area is developed by the Agency with low or moderate income housing units, the Agency shall require by contract or other appropriate means that such housing be made available for rent or purchase to the persons and families of low and moderate income displaced by Agency activities. Such persons and families shall be given priority in renting or buying such housing; provided, however, that failure to give such priority shall not affect the validity of title to real property. 5. If suitable housing units are not sufficiently available in the community for low and moderate income persons and families to be displaced by the Agency from the Project Area, the City Council shall assure that sufficient'land is made available for suitable housing for rental or purchase by low and moderate income persons and families. If suitable housing units are not sufficiently available for use by such persons and families of low and moderate income displaced by Agency activities within the Project Area, the Agency may, to the extent of that deficiency, direct or cause the development, rehabilitation, or construction of housing units within the City. 6. Permanent housing facilities shall be made available within three years from the time occupants are displaced by the City, and pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the City at the time of their displacement. Method or Plan for Relocation in the Rancho laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of Ihe City of lake Elsinore Keyser Marston Associates. Inc. Page 4 n n D VII. [SECTION 700] RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING The Agency shall implement a reiocation assistance advisory program, which satisfies the requirements of the State law and Article 2 of the State Guidelines and the Civil Rights Act. Such program shall be administered so as to provide advisory services which offer maximum assistance to minimize the hardship of displacement and to ensure that: (a) all persons and families displaced from their dwellings are relocated into housing meeting the criteria for comparable replacement housing contained in the State Guidelines; and (b) all persons displaced from their places of business are assisted in reestablishing with a minimum of delay and toss of earnings. No eligible person shall be required to move from his/her dwelling uniess adequate replacement dwelling is available to such person. The following oullines the general functions of the Agency in providing relocation assistance advisory services. Nothing in this section is intended to permit the Agency to displace persons other than in a manner prescribed by law, the State Guidelines, and the adopted Agency rules and regulations prescribing the Agency's relocation responsibilities. VIII. [SECTION 800] ADMINISTRATIVE ORGANIZATION 1. Responsibie Entity The Agency is responsible for providing relocation payments and assistance to site occupants (persons, families, business owners and tenants) displaced by the Agency from the Project Area, and the Agency will meet its relocation responsibilities through the use of its staff and consultants, supplemented by assistance from local realtors and civic organizations. 2. Functions The Agency's staff and/or consultants will perform the following functions: 1. Prepare a Relocation Plan as soon as possible following the initiation of negotiations for acquisition of real property by the Agency and prior to proceeding with any phase of a public improvement or facility project or other implementation activity that will result in any displacement other than an insignificant amount of non. residential displacement. Such Relocation Plan shall conform to the requirements of the Section 6038 of the State Guidelines. The Agency shall interview all eligible persons, business concerns, including non-profit organizations, to obtain information upon which to plan for housing and other accommodations, as well as to provide counseiing and assistance needs. 2. Provide such measures, facilities or services as needed in order to: a. Fully inform persons eligible for a parcei of land as to the availability of reiocation benefits and assistance and the eligibility requirements therefore, as well as the procedures for obtaining such benefits and assistance, In accordance with the requirements of Section 6046 of the State Guidelines. Method or Plan for Relocation in the Rancho laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the C~y of lake Elsinore Keyser Marston Associates, Inc. Page 5 I' g. n h. i. n b. Determine the extent of the need of each such eligible person for relocation assistance in accordance with the requirements of Section 6048 of the State Guidelines. c. Assure eligible persons that within a reasonable period of time prior to displacement there will be available comparable replacement housing meeting the criteria described in Section 6008(c) of the State Guidelines, sufficient in number and kind for and available to such eligible persons. d. Provide current and continuing information on the availability, prices and rentals 01 comparable sales and rental housing, and of comparable commercial properties and locations, and as to security deposits, closing costs, typical down payments, interest rates, and terms for residential property in the area. e. Assist each eligible person to complete applications for payments and benefits. f. Assist each eligible, displaced person to obtain and move to a comparable replacement dwelling. Assist each eligible person displaced from his/her business in obtaining and becoming established in a suitable replacement location. Provide any services required to insure that the relocation process does not result in different or separate treatment on account of race, color, religion, national origin, sex, sexuai orientation, marital status or other arbitrary circumstances. Supply to such eligible persons information concerning federal and state housing programs, disaster loan and other programs administered by the Smali Business Administration, and other federal or state programs offering assistance to displaced persons. j. Provide other advisory assistance to eligible persons in order to minimize their hardships. As needed, such assistance may include counseling and referrals with regard to housing, financing, employment, training, health and welfare, as well as the assistance. k. Inform all persons who are expected to be displaced about the eviction policies to be pursued in carrying out the Project, which policies shall be in accordance with the provisions of Section 6058 of the State Guid,elines. I. Notify in writing each individual tenant and owner-occupant to be displaced at least 90 days in advance prior to requiring a person to move from a dwelling or to move a business. Keyser Marston Associates, Inc. Page 6 Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore II n n m. Coordinate the Agency's relocation assistance program with the project work necessitating the displacement and with other planned or proposed activities of other public entities in the community or other nearby areas which may affect the implementation of its relocation assistance program. 3. Information Program The Agency shall establish and maintain an information program that provides for the following: a. Within 60 days following the initiation of negotiations and not less than 90 days in advance of displacement, except for those situations described in subsection 6042(e) of the State Guidelines, the Agency shall prepare and distribute informational materials (in the language most easily understood by the recipients) to persons eligible for Agency relocation benefits and assistance. b. Conducting personal interviews and maintaining personal contacts with occupants of the property to the maximum extent practicable. c. Utilizing meetings, newsletters and other mechanisms, including local media available to all persons, for keeping occupants of the property informed on a continuing basis. d. Providing each person written not~ication as soon as hislher eligibility status has been determined. e. Explaining to persons interviewed the purpose of relocation needs survey, the nature of relocation payments and assistance to be made available, and encouraging them to visit the relocation office for information and assistance. 4. Relocation Record The Agency shall prepare and maintain an accurate relocation record for each person to be displaced as required by the State of California. 5. Relocation Resources Survey The Agency shall conduct a survey of available relocation resources in accordance with Section 6052 of the State Guidelines. Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III lor the Redevelopment Agency ot the City of Lake Elsinore Keyser Marston Associates, Inc. Page 7 n n n 6. Relocation Payments The Agency shall make relocation payments to or on behalf of eligible displaced persons in accordance with and to the extent required by State and Federal law. a. Temporary Moves Temporary moves would be required only if adequate resources for permanent relocation sites are not available. Staff shall make every effort to assist the site occupant in obtaining permanent relocation resources prior to initiation of a temporary move, and then only after n is determined that Agency activities in the Project Area will be seriously impeded if such move is not performed. b. Last Resort Housing The Agency shall follow State law and the criteria and procedures set forth in Article 4 of the State Guidelines for assuring that if the Agency action results, or will result in displacement, and comparable replacement housing will not be available as needed, the Agency shall use its funds or fund authorized for the Project to provide such housing. c. Eviction Policy Eviction for cause is permissible oniy as a last resort and must conform to state and locai law. if a person is evicted for cause on or after the effective date of an issued notice of displacement, displaced persons retain the right to the relocation payments and other assistance for which they may be eligible. d. Grievance Procedures The Agency may adopt grievance procedures to implement the provisions of the State law and Article 5 of the State Guidelines. The purpose of the grievance procedures is to provide Agency requirements for processing appeals from Agency determinations as to the eligibility for, and the amount of a relocation payment, and for processing appeals from persons aggrieved by the Agency's failure to refer them to comparable permanent or adequate temporary replacement housing. Potential displaced persons will be informed by the Agency of their right to appeal regarding relocation payment claims or other decisions made affecting their relocation. e. Relocation Appeals Board Any person who disagrees with a determination regarding eligibility for, or amount of, a relocation payment, may have his/her claim received and reconsidered. Should it be found that relocation activities are necessary, the Relocation Appeals Board will, after a public hearing, transmit Its findings and recommendations to the Agency. Method or Plan for Relocation in the Rancho Laguna Redevelopment Preject Areas No. I. II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates. Inc. Page 8 n n n IX. [SECTION 900] CONSISTENCY WITH STATE RELOCATION LAW AND GUIDELINES This Method or Plan for Relocation is intended to be consistent with the California State Relocation Law and the California State Relocation Guidelines. In the event of a conflict or inconsistency between this Method or Plan for Relocation and the California Stale Relocation Law and/or the California State Relocation Guidelines, the California State Relocation Law and the California State Relocation Guidelines shall control. This Method or Plan for Relocation shall be deemed automatically amended to conform to any the Camornia State Relocation Law and the California Stale Relocation Guidelines as may be amended from time to time. Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page 9