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1994-099 Antidisplacement Relocation Plan RESOLUTION 94-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING A RESIDENTIAL ANTIDISPLAcEMENT AND RELOCATION ASSISTANCE PLAN WHEREAS, the City of Encinitas is a Community Develogment Block Grant entitlement City and a participant in the HOME Consortium, and WHEREAS, Housing and Community Development Acts of 1974 amd 1992 as well as Parts 91, 92, and 570, require an entitlement City or participating jurisdiction to certify that it is following a Residential Antidisplacement and Relocation Assistance Plan, and WHEREAS, the Uniform Relocation Assistance and Real Property Acquistions Policies Act of 1970 and Section 104(d) of the Housing and Community Development Act of 1974, as amended, requires assistance for displacement of either a person or their property as a direct result of federally assisted acquisition, demolition or rehabilitation. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Encinitas, California as follows: SECTION ONE: That the above recital is true and Correct. SECTION TWO: The City of Encinitas certifies that it will follow the Residential Antidisplacement and Relocation Assistance Plan attached hereto as "Exhibit I.,,, which includes a policy statement, basic rules, and procedures. ~ook ~ 8 PASSED AND ADOPTED THIS 19 day of October, 1994 by the following Vote, to wit: AYES: Bond, Davis, DuVivier, Hano, Wiegand NAYS: None ABSENT: None GAIL HANO, Mayor of the City of Encinitas, Callfornia ATTEST: E---JaJPool, City Clerk EXHIBIT I CITY OF ENCINITAs RESIDENTIAL ANTIDISPLACEMENTA~D RELOCATION ASSISTANCE PLAN GENERAL POLIcy ~t shall be. the general policy of the City of Encinltas, in implementation of all programs funded with federal grants from the the U.S. Department of Housing and Urban Development, such as Community Development Block Grant, HOME, McKinney ho~eless grants, Section 10S loans, and Section 202, to .comply. with and implement the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Polic~ Housing and Comm--%~=~ -ac=.°f 1970 and Section 104 (d) of the · un~uy uevelo me the policy of the ~+. ~_ .P. ~t Act of 1974 as a endm~ ~ . or businesses from their homes or current places of business. ~= =~ ulsplacement of households RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN The goal of the Plan is to: * Identify the reasonable steps it will take to minimize the displacement of persons from their homes as a result of an assisted project. * Replace all occupied and vacant occupiable "iow/moderate income dwellings,, that are converted to a Use other than "iow/moderate income dwellings,, or are demolished for a project. * Provide ~elocation assistanc households (lncludin. f~-=~= ~ .to. low/moderate in=~ ~ direct result of ~wellin~ o~ ~- ~ ~=.co~verslon of a = ~ ~'~= uemolltlon of any housi-- ~l~.,~uera~e income -~ ~ ~ project. UNIFORM RELOCATION ACT URA applies to: * ~ that results from acquisition, demolition rehabilitation for HUD assisted projects carried out by public agencies, nonprofit others, organizations private developers or · Real DroDprt¥ acquisitio~ for HUD-assisted projects. The Act provides assistance for owners and renters of residential .structures and for nonresidential occupants such as businesses or nonprofits. LB/hz/MS27-2699w!°51 (10-03-94) i DISPLACEMENT If there is displacement, the City must provide appropriate legal notices, find comparable units for relocation, provide Counseling, pay relocation costs, and provide replacement housing assistance. Exhibit A outlines URA Decision Flow. Exhibit B are sample notices for each step. If an individual, stays in the assisted project rents must be affordable or the Individual is determined "economically displaced,, or "rent burdened,,. Tenant based rental assistance may be provided as a means of mitigating these circumstances. T~n~nts may be temDoraril¥ displace,] during rehabilitation. At a minimum tenants ~ust be reimbursed fo~ all reasonable out of pocket expenses incurred in Connection with the temporary relocation including the cost of moving to and from the temporarily housing and any increase in m~nthly rent/utility occupied costs. Appropriate advisory services, including reasonable advance written notice of (a) the date and approximate duration of the temporary relocation; (b) the address of suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (c) the terms and conditions under which the tenant may lease and occupy a suitable dwelling in the building/complex upon completion of the project; and (d) the reasonable expenses for reimbursement. (See Exhibit C) URA COvers all ~ purchases by the City. Because voluntary sales are negotiated between the seller and the City (grantee) without threat of eminent domain or condemnation, they are not regulated by URA except for certain notification provisions. Types of voluntary sales are: 1. Purchases where the grantee (City or ~onprofit ~gency funded by City) can exercise the power of emlnent~domaln but agrees in writing not to do so. 2. PUrchases where the grantee does not have the power of mlnent domain. 3. Purchases of property from government agencies if the purchasing grantee does not have the power of condemnation. In involuntary acquisitions the grantee must: · ~otify Owners in writing of the ~gency's intentions and notify owners ~nd tenants of thei - · A Notice of Interest or Notice of Intent to Acq~r~l~s~ Notice of Just LB/hz/Ms27-2699w-pS1 (10-03-94) 2 Book Compensation must be provided. · Conduct an appraisal of the property in order to determine its fair market value. · Offer just compensation for the property being acquired. · Make every reasonable effort to complete the property acquisition expeditiously. SECTION 104(d) The City will implement this Section as outlined in 24 CFR 570.606 (b) for both CDBG and HOME funded programs. (Exhibit E) The requirements of Section 104(d) focus on the loss of low income housing (both rental and owner occupied) in the City through demolition or conversion. The law has two distinct components: ~ People - relocation sslstance is provided for displaced low a ' income families. Section 104(d) does not provide assistance for families with incomes above the Section 8 Lower Income Limit (50% of the median income). These families would be eligible for relocation assistance under URA. If a lower income person remains in a converted project economic displacement rules apply. (See temporary displacement under URA). ~ Units - the law requires one for one replacement of low/moderate income dwelling units that are demolished or converted to other Use. The law applies if the City or a grantee "uses,, CDBG for a project for both direct financi ........ or HOME funds example, CDBG funds used as a loan to rehabilitate a -w dnu ~ela~e~ expenses. For property or if the City spends CDBG or HOME funds for salaries for rehabilitation specialist who writes up projects even though CDBG or HOME doesn,t pay for the rehabilitation. STEPS TO MINIMIZE THE DIRECT AND INDIRECT DISPLACEMENT OF PERSONS FROM THEIR HOMES 1. Coordinate code enforcement with rehabilitation and housing a ' sslstance programs. 2. Stage rehabilitation of apartment units to allow tenants to remain in the building/complex during and after rehabilitation working with empty units first. LB/hz/MS27-2699wp51 (10-03-94) 3 Book 3. Arrange for facilities to house persons who must be relocated temporarily during rehabilitation. 4. Establish counseling program to provide homeowners and tenants with information on assistance available to help them remain in their neighborhood in the face or revitalization pressures. The Ho~sing Divisiop, Community Development DePartment is responsible for t~acklng the replacement ~f l?w/mode~ate income housing and ensuring that replacement housing is provided within the required period. The Division is also responsible for providing relocation payments and other relocation assistance to any low/moderate income person displaced by demolition of any housing or the conversion of low/moderate income housing to another use when funded with CDBG or HOME monies. USE OF SECTION 8 AND HOME TENANT BASED ASSISTANCE Section 8 Vouchers/Certificates and HOME Tenant Based Assistance will be used to assist displaced persons/families or economically displaced families. The City will request that the Housing Authority of the City of Encinitas amend their Administrative Plan to give first preference to individuals who will be displaced from City activities or who a~e in danger of being .economically displaced as a result of City program~. The Housing Authority should rank the federal preference for dIsplacement above the other two federal preferences. LB/hz/MS27-2699wp51 (10-03-94) 4