Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project
Draft Relocation Plan
Prepared for:
City of Costa Mesa
77 Fair Drive
Costa Mesa, California 92626
Prepared By:
Monument Inc.
200 Spectrum Center, Suite 300
Irvine, CA 92618
Phone (800) 577-0109
January 2025
Adopted
Date: ____________, 2025
Spanish speaking representatives are available.
Si necesita esta información en español, por favor llame a su representante.
Shalimar Park Expansion Project: Relocation Plan
i
Contents
Table of Contents
INTRODUCTION ........................................................................................................................................................ 1 I. PROJECT AREA DESCRIPTION ........................................................................................................................ 2 A. REGIONAL LOCATION .............................................................................................................................................. 2 B. PROJECT SITE LOCATION AND DESCRIPTION ........................................................................................................... 3 C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS ................................................................................... 4 II. ASSESSMENT OF RELOCATION NEEDS .......................................................................................................... 5 A. SURVEY METHODS .................................................................................................................................................. 5 B. FIELD SURVEY DATA – RESIDENTIAL ....................................................................................................................... 5
1. Housing Mix ..................................................................................................................................................... 6
2. Occupancy Standards ....................................................................................................................................... 6
3. Income .............................................................................................................................................................. 6
4. Ethnicity/Language .......................................................................................................................................... 7
5. Households with Seniors .................................................................................................................................. 7
6. Households with Disabilities ........................................................................................................................... 7
7. Preferred Relocation Areas .............................................................................................................................. 8 III. RELOCATION RESOURCES .............................................................................................................................. 8 A. METHODOLOGY ...................................................................................................................................................... 8 B. REPLACEMENT HOUSING AVAILABILITY .................................................................................................................. 8
1. Residential For-Sale and Rental Housing ........................................................................................................ 8
2. Summary ........................................................................................................................................................... 9 C. RELATED ISSUES ...................................................................................................................................................... 9
1. Concurrent Residential Displacement ............................................................................................................. 9
2. Temporary Relocation ...................................................................................................................................... 9 IV. THE RELOCATION PROGRAM ................................................................................................................. 10 A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES ......................................................................................... 10 B. RELOCATION ADVISORY ASSISTANCE .................................................................................................................... 11 C. RELOCATION BENEFITS – RESIDENTIAL ................................................................................................................. 12
1. Residential Moving Expense Payments ......................................................................................................... 12
2. Rental Assistance to Tenants/Owner-Occupants Who Choose to Rent ...................................................... 13
3. Down payment Assistance to Tenants Who Choose to Purchase ................................................................ 14 D. LAST RESORT HOUSING ......................................................................................................................................... 15 E. DETERMINATIONS OF COMPARABLE HOUSING ...................................................................................................... 15 F. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS .................................................. 16 G. IMMIGRATION STATUS........................................................................................................................................... 16 H. RELOCATION TAX CONSEQUENCES ........................................................................................................................ 17 I. TITLE VI – THE CITY’S NON-DISCRIMINATION POLICY .................................................................................................... 17 J. FAIR HOUSING LAWS ................................................................................................................................................ 17 V. ADMINISTRATIVE PROVISIONS ................................................................................................................... 20 A. NOTICES ................................................................................................................................................................ 20 Shalimar Park Expansion Project: Relocation Plan
ii
B. PRIVACY OF RECORDS ........................................................................................................................................... 21 C. GRIEVANCE PROCEDURES...................................................................................................................................... 21 D. EVICTION POLICY .................................................................................................................................................. 21 E. CITIZEN PARTICIPATION ....................................................................................................................................... 22 F. PROJECTED DATES OF DISPLACEMENT ................................................................................................................... 22 G. ESTIMATED RELOCATION COSTS ........................................................................................................................... 22
Shalimar Park Expansion Project: Relocation Plan
iii
List of Tables
Table 1: 2020 US Census Population – City of Costa Mesa and Impacted Tract (636.05) ......................... 4 Table 2: 2020 US Census Housing Units – City of Costa Mesa and Impacted Tract (636.05) .................... 4 Table 3: Affected Residential Dwellings ....................................................................................................... 6 Table 4: Availability and Cost of Replacement Rental Housing (Conventional) ....................................... 9 Table 5: Schedule of Fixed Moving Payments ............................................................................................ 13 Table 6: Computation of Rental Assistance Payments ................................................................................ 14
List of Figures
Figure 1: Regional Project Location……………………………………………………………………2 Figure 2: Project Site Location ........................................................................................................................... 3
List of Exhibits
Exhibit A: Residential Interview Form
Exhibit B: HCD Income Limits – Orange County
Exhibit C: Rental Listings – Replacement Housing Availability Exhibit D: Residential Informational Brochure
Exhibit E: Public Comments and Response
Shalimar Park Expansion Project: Relocation Plan
1 Introduction
The City of Costa Mesa (City) plans to acquire the property located at 778 Shalimar Dr ive, Costa Mesa, CA 92627 for the proposed Shalimar Park Expansion Project (Project). Shalimar Park is an essential part of the community in serving the nearby underserved residents with recreational amenities in an area of the City that is deficient in public park amenities. The City intends to evaluate the use of the property for a variety of community serving uses including the creation of a community center, expansion of the Shalimar Park and/or enhanced affordable housing, among other community uses. This park project is in alignment with the City Council’s Strategic Plan objective to identify strategies to increase park access with a focus on the Westside of Costa Mesa.
The Project improvement will require the full acquisition of one (1) property, which is a fourplex, resulting in the permanent displacement of three (3) occupied residential units.
The City has retained Monument Inc. to prepare the Relocation Plan (Plan) in connection with the commencement of the relocation activities. Monument Inc., an experienced acquisition and relocation firm, has been selected to prepare this Relocation Plan, and will provide all subsequently required relocation assistance in association with any permanently displaced household’s occupants. In compliance with statutory requirements, the Relocation Plan has been prepared to evaluate the present circumstances and replacement housing requirements of Project tenants. This Relocation Plan conforms with applicable state laws and regulations found in the California Government Code Section 7260, et seq. and the California Code of Regulations, Title 25, Division 1, Chapter 6, Subchapter 1 (Guidelines).
The Plan is organized in five sections:
1. The regional and specific location of the Project (SECTION I);
2. An assessment of the relocation needs of those persons subject to displacement as a result of the Project (SECTION II);
3. An assessment of available residential replacement sites within the City of Costa Mesa and surrounding areas (SECTION III);
4. A review of the relocation assistance program to be offered to the displaced residential occupants (SECTION IV); and
5. Necessary administrative provisions (SECTION V).
Shalimar Park Expansion Project: Relocation Plan
2 I. Project Area Description
A. Regional Location
The Project is located in the City of Costa Mesa within Orange County. Costa Mesa is located approximately 37 miles southeast of the City of Los Angeles and is travelled by Inte rstate 405 (I- 405) and easily accessible by State Routes 73 and 55. Adjacent communities include Santa Ana, Fountain Valley, Huntington Beach, Newport Beach and Irvine. (See Figure 1: Regional Project Location)
Figure 1: Regional Project Location
Shalimar Park Expansion Project: Relocation Plan
3 B. Project Site Location and Description
The Project site is on Shalimar Drive. (See Figure 2: Project Site Location ) The Project Site is located approximately 1.5 miles west of State Route 55 (SR-55), 3.5 miles northeast of Interstate 73 (I-73) and 3.5 miles north of Interstate 405 (I-405). Costa Mesa encompasses a total of 16 square miles with its southernmost border only 1 mile from the Pacific Ocean.
Figure 2: Project Site Location
Shalimar Park Expansion Project: Relocation Plan
4 C. General Demographic and Housing Characteristics
According to the population estimates from the 2020 U.S. Census, the population of the City of Costa Mesa is 111,918, and the population of the impacted Census Tract is 5,630 (see Table 1 below). Corresponding Census data concerning the housing mix is shown in Table 2, below.
Table 1: 2020 US Census Population – City of Costa Mesa and Impacted Tract (636.05) Population Number of
Persons Percentage City Percentage
Total population 5,630 100.0% 111,918 100.0%
White alone 1,799 32.0% 57,103 51%
Black or African American
alone 52 0.9% 1,734 1.5%
American Indian or Alaskan
Native alone 159 2.8% 1,300 1.1%
Asian alone 222 3.9% 9,535 8.5%
Native Hawaiian and Other
Pacific Islander alone 4 0.1% 975 0.9%
Two or More Races 1,119 19.9% 18,311 16.4%
Hispanic or Latino
(of Any Race) 3,949 70.1% 39,441 35.2%
U.S. Census Bureau provides additional descriptive population data where persons are identified as either “Hispanic or Latino” or “Not Hispanic or Latino.” The sum of these two categories will equal the total population of a data set.
Table 2: 2020 US Census Housing Units – City of Costa Mesa and Impacted Tract (636.05) Type Number of Units Percentage City Percentage
Total occupied units 1,697 94.9% 41,243 95.7%
Vacant Housing Units 91 5.1% 1,842 4.3%
Source: U.S. Census Bureau, accessed December 20, 2024.
Shalimar Park Expansion Project: Relocation Plan
5 II. Assessment of Relocation Needs
A. Survey Methods
The information necessary for the preparation of this Plan was obtained from personal interviews with Project residents. Interviewers were successful in obtaining survey information from each of the identified households within the project area.
Detailed in -person interviews were conducted with affected residential occupants to gather necessary information, including information such as household size and composition, income, monthly rent obligation, length and type of occupancy, language, disabilities/health problems, and replacement housing preferences.
In-person interviews are an important factor in the planning and relocation of displacees. In the early planning process, careful attention is paid to the physical needs of individuals with disabilities, and elderly displacees to make sure that these individuals receive appropriate care and housing.
The descriptive data in this Plan concerning the residents is based on in -person interviews and field observations. Samples of the residential interview form used in the interview process is attached as Exhibit A of this report.
B. Field Survey Data – Residential
The Project will impact one residential fourplex dwelling with 3 occupied residential households and one vacant unit. Survey information was obtained from all 3 occupied residential households.
The City has adopted and would adhere to its local housing occupancy standards to make sure housing is of the appropriate size in relocating the affected occupants.
Shalimar Park Expansion Project: Relocation Plan
6 Table 3 below shows current housing in the Project area including bedroom size.
Table 3: Affected Residential Dwellings
No. Address Property
Type Use No. of
Bedrooms
No. of
Occupants
Occupancy
Type
1 778 Shalimar Dr., Unit # 1
Costa Mesa, CA Residential Fourplex 2 5 Tenant
2 778 Shalimar Dr., Unit # 2
Costa Mesa, CA Residential Fourplex 2 0
(Vacant Unit) N/A
3 778 Shalimar Dr., Unit # 3
Costa Mesa, CA Residential Fourplex 2 9 Tenant
4 778 Shalimar Dr., Unit # 4
Costa Mesa, CA Residential Fourplex 2 5 Tenant
1. Housing Mix
As shown in Table 3 above, the Project area includes 3 households occupying 1 residential building (fourplex), with two dwelling unit s occupied by one household each, another dwelling unit occupied by two households and one vacant unit . Occupancy information will assist in determining the relocation needs and scope of assistance provided. No mobile homes will be affected by the Project.
2. Occupancy Standards
The standard for h ousing density adopted by the City allows two persons per bedroom and one person in a common living area. The City adheres to the state building code occupancy standard based on the square footage of dwellings for households larger than eight members. Referrals to replacement housing provided to occupants may reflect the need for larger accommodations to comply with the state and City of Costa Mesa code requirements.
Generally, these standards allow for up to three persons to occupy a one -bedroom unit, five persons in a two-bedroom unit, and seven persons in a three-bedroom unit. Any households with more than eight members would require a four-bedroom replacement unit based on the respective size of that unit, per the state building code.
3. Income
Information as to the household’s income is gathered from residential interviews to determine individual relocation needs and the scope of financial relocation assistance that may be provided.
Low-income households may experience challenges qualifying for the purchase or rent of replacement housing. Advance replacement housing payments may be needed to assist displacees Shalimar Park Expansion Project: Relocation Plan
7 in qualifying for loans or leases. Low -income households that choose to rent may be eligible for additional assistance.
Based on information obtained from the residential interviews, we were unable to determine at this time if any households are identified as low-income households. According to the low-income standards for the Housing Authority of the County of Orange (Exhibit B), adjusted for family size as published by the State of California, Department of Housing and Community Development (HCD), the 2024 low-income limits are defined as follows:
Family Size 1 2 3 4 5 6 7 8
Low Income
Limits 2024
$88,400 $101,000 $113,650 $126,250 $136,350 $146,450 $156,550 $166,650 Source: Department of Housing and Community Development (HCD) website, accessed December 13, 2024
4. Ethnicity/Language
Per the 20 20 U.S. Census American Community Survey One-Year Estimate, 36.9% of the population in the City of Costa Mesa speaks a language besides English at home. Based on information obtained from the residential interviews of the three displaced households, Spanish is the primary language spoken at home. Language services are available to assist the requirements of all affected occupants.
5. Households with Seniors
Per the 2020 U.S. Census American Community Survey One -Year Estimate, 12.3% of the total households consist of occupants 65 years of age or over. Specific care is taken to identify and address the needs of senior occupants who may require special accommodations. Based on information obtained from residential interviews, no households have occupants that are over the age of 65.
6. Households with Disabilities
Per the 2020 U.S. Census American Community Survey One-Year Estimate, 8.5%1 of the civilian population consist of persons with a disability. Disabilities may include a variety of physical mobility impairments, including psychological and other physical health issues. Care is taken to meet the special needs of each household, particularly as these needs involve physical access to accommodations. Early identification of individual health issues would enable relocation staff to more effectively manage the relocation process. In all cases involving physical or mental impairments, additional services will be provided to ensure close in dividual case monitoring.
1 United States Census Bureau web site, accessed December 27, 2024, https://data.census.gov/ Shalimar Park Expansion Project: Relocation Plan
8 Based on information obtained from the residential interviews, one household occupant has a disability that requires the use of a manual aided walker device.
7. Preferred Relocation Areas
The residential interviews identify specific replacement site needs and preferences and assist in planning replacement housing accordingly. In residential interviews, many residents tend to express a preference to remain in the community in order to maintain current school enrollment, access to employment, medical facilities, recreational re sources, and public transportation. Based on information obtained from the residential interviews, the affected households have indicated a preference to remain in the City of Costa Mesa and in the Orange County area.
III. Relocation Resources
The California Relocation Assistance Law provides that no eligible residential persons shall be required to move from their dwelling unless comparable replacement dwellings are available to such persons. The purpose of this section is to identify whether sufficient comparable replacement housing resources exist for all potential residential displacees. The City is committed to making every effort to satisfactorily relocate all displaced occupants.
A. Methodology
To determine the availability of residential sites prior to the displacement of occupants from the Project area, resources were researched through the following sources:
• Internet sources (MLS listings, Zillow, etc.);
• Classified rental listings from local publications, and; • Contacts with real estate/property management companies serving the community.
B. Replacement Housing Availability
1. Residential Rental Housing
A housing resource survey was conducted to determine the availability of replacement housing within the City of Costa Mesa sufficient to meet the needs of displaced rental tenants.
The replacement housing survey considered available two-bedroom and four-bedroom conventional housing for rent. This data is summarized in Table 4 below. The conventional housing survey, Table 4, identified 54 currently available two -bedroom conventional housing units for rent and 51 currently available four -bedroom conventional housing units for rent . The individual figures for number of units found are presented in the table, as well as location and price range.
Shalimar Park Expansion Project: Relocation Plan
9 Table 4: Availability and Cost of Replacement Rental Housing (Conventional) Number of
Bedrooms Property Type Number
Available City(s) Price Range
Lease
2 bedrooms Single Family Residence 6 Costa Mesa $3,000 - $6,500 2 bedrooms Condos 3 Costa Mesa $3,580 - $4,900
2 bedrooms Apartments 45 Costa Mesa $2,300 - $4,800
4 Bedrooms Single Family Residence 41
Costa Mesa, Garden
Grove, Huntington
Beach, Santa Ana,
Irvine, Westminster
$4,085-6,000
4 Bedrooms Condos 9 Costa Mesa, Santa Ana,
Irvine, Newport Beach $3,500-5,900
4 Bedrooms Duplex/Triplex/Fourplex 1 Westminster $4,500 Source: Multiple Listing Service and Zillow, accessed January 7, 2025 and January 17, 2025.
The rent ranges identified in the table above are among the figures used to make benefit and budget projections for this Plan. The variances in the rent range are a result of age, condition, size, and locational factors. Rates are subject to change according to the market rates prevailing at the time of displacement. Exhibit C provides a detailed list of available housing for rent.
2. Summary
Considering the availability of replacement housing, adequate replacement resources exist in the Project area for affected residential tenants.
Although adequate replacement resources exist based on surveyed results of rental opportunities, and anticipated values of existing dwellings, occupants are anticipated to have increases in monthly rents. These possible increases, if any, would be met through the City ’s Relocation Assistance Program, including Last Resort Housing (LRH) requirements.
C. Related Issues
1. Concurrent Residential Displacement
There are no known public projects anticipated in the Project area that will cause significant displacements during the timeframe of anticipated Project displacements in spring/summer of 2025. No residential displacee will be required to move without both adequate notice and access to available, comparable, affordable, decent, safe and sanitary housing.
2. Temporary Relocation
The Project is not anticipated to cause temporary displacements. Affected occupants will be permanently displaced.
Shalimar Park Expansion Project: Relocation Plan
10 IV. The Relocation Program
The City of Costa Mesa ’s (City) Relocation Program is designed to minimize hardship, be responsive to unique project circumstances and maintain personal contact with all affected individuals. The program will consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements. The relocation program to be implemented by the City will conform with the standards and provisions of the California Relocation Assistance Law, California Government Code §7260, et seq.; the Relocation Assistance and Real Property Acquisition Guidelines; California Code of Regulations , Title 25, Division 1, Chapter 6 (Guidelines).
The City has retained Monument Inc. (Monument) to administer the Relocation Program.
Monument has an extensive resume of public works projects undertaken in other Orange County communities. Experienced City staff would monitor the performance of Monument and be responsible to approve or disapprove Monument’s recommendations concerning eligibility and benefit determinations and interpretations of the City’s policy.
The Relocation Program consists of two principal constituents: Advisory Assistance and Financial Assistance.
A. Program Assurances, Standards and Objectives
The City would provide the displaced residential occupants with the assistance, rights , and benefits required under state relocation law and the City’s policies and procedures. The relocation program would provide advisory and financial assistance. Every effort would be made to facilitate relocation arrangements and minimize hardship for displacees.
The program objectives would be as follows:
1. To fully inform eligible Project displacees of the nature of, and procedures for, obtaining relocation assistance and benefits;
2. To determine the needs of each displacee eligible for assistance;
3. To provide continuously updated referrals to potential replacement sites within a reasonable time prior to displacement and assure that no occupant is required to move without a minimum of 90 days written notice to vacate;
4. To provide assistance that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances;
5. To supply information concerning state programs and other governmental programs providing assistance to displaced persons;
6. To assist each eligible occupant to complete applications for benefits;
7. To make relocation benefit payments in accordance with the appropriate guidelines;
8. To inform all persons s ubject to displacement of City policies with regard to eviction and property management; and
Shalimar Park Expansion Project: Relocation Plan
11 9. To establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of City decisions with respect to relocation assistance.
B. Relocation Advisory Assistance
Monument staff is available to assist the permanently displaced households with questions or concerns about relocation a nd/or assistance in relocati ng. Relocation staff can be reached at 200 Spectrum Center, Suite 300, Irvine, CA 92618 with office hours from 8:00 a.m. to 5:00 p.m., a nd can be contacted at (800) 577-0109. A comprehensive relocation program, with technical and advisory assistance, would be provided to assist all persons being displaced as a consequence of the Project, with bilingual services or Spanish speaking assistance available. Personal contact would be maintained with all individuals until the relocation process has been completed.
As discussed previously, Monument has been retained by the City to assist in the administration of its relocation program. Monument will work closely with City staff. City staff would provide final approvals, or otherwise, of all Monument’s recommendations. Every reasonable effort would be made to ensure that the relocation of residents occurs with a minimum of delay and hardship.
The following services will be provided:
1. A printed Informational Brochure (Exhibit D) will be provided in English or the displacee’s language if subsequently deemed necessary. Signed acknowledgements will be obtained to verify receipt of this material;
2. A database will be maintained of available residential units for lease and for sale , and referrals will be provided to the displacees for the duration of the Project;
3. Assistance will be offered to displacees in connection with arrangements for the purchase of real property, if applicable, filing of claim forms to request relocation benefits from the City and to obtain services from other public agencies;
4. Special assistance in the form of referrals to governmental and non-governmental agencies will be made, if requested;
5. Eligible displacees will be assisted with the preparation and submission of relocation assistance claims;
6. Benefit determinations and payments will be made in accordance with applicable law and City policy;
7. Assure that displacees are not required to move without a minimum of 90 days written notice to vacate;
8. All persons subject to displacement will be informed of City policies with regard to eviction and property management;
Shalimar Park Expansion Project: Relocation Plan
12 9. A formal grievance procedure will be established and maintained for use by displaced persons seeking administrative review of City decisions with respect to relocation assistance; and
10. Assistance will be provided that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances.
C. Relocation Benefits – Residential
Specific eligibility requirements and benefit plans would be detailed on an individual basis with displacees. In the course of personal interviews and follow -up visits, households would be counseled as to available options with respect to financial assistance.
Relocation benefits will be provided in accordance with the provisions of the state relocation law and regulations. Benefits would be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with the City’s normal administrative procedures.
1. Residential Moving Expense Payments
All residential occupants that would be relocated would be eligible to receive a payment for moving expenses. Moving expense payments would be made based on the actual cost of a professional move or a fixed payment based on a room-count schedule. a. Actual Cost (Professional Move)
The displacee may elect to retain the services of a licensed professional mover, in wh ich case the City would pay for the actual cost of the moving services based on the lower of at l east two acceptable bids (the City may, at its discretion, solicit competitive bids to determine the lowest reasonable move cost). After the move is complete, the displacee may pay the mover directly and seek reimbursement from the City, or request a direct payment from the City to the mover. b. Fixed Payment (based on Room Count Schedule)
An occupant may elect to receive a fixed payment for moving expenses that is based on the number of rooms occupied in the displacement dwelling. In this case, the person to be relocated takes full responsibility for the move. The fixed payment includes all utility connections as described in Section 1.a above.
At a minimum, the fixed schedule payment for single occupancy efficiency units, furnished with the tenant ’s own personal property, is $780, which includes all utility connections at the replacement location. The current schedule for fixed moving payments is provided below in Table 5.
Shalimar Park Expansion Project: Relocation Plan
13 Table 5: Schedule of Fixed Moving Payments
Furnished Dwelling
Room Count 1 2 3 4 5 6 7 8 Each
Additional
Amount $780 $1,000 $1,250 $1,475 $1,790 $2,065 $2,380 $2,690 $285 Unfurnished Dwelling
Room Count 1 Each
Additional
Amount $510 $100
Source: URA Moving Cost Schedule (effective August 26, 2021).
2. Rental Assistance to Tenants Who Choose to Rent
To be eligible to receive the rental assistance benefits, the displaced tenant household must rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within one year from the date they move from the displacement dwelling. Additionally, to qualify for the rental assistance benefits, the tenant -occupant must demonstrate that (1) they lived in the property as legal residents for at least 90 consecutive days prior to the City’s initial written offer to purchase the property; and (2) the property was their primary residence for that 90-day period.
Based upon the available data regarding Project displacees, the displaced household may qualify for, and may be eligible to apply for, relocation benefits under State provisions. Except in the case of Last Resort Housing situations, the potential payment to the household will be payable over a 42-month period and limited to a maximum of $5,250 as stated under the guidelines. The relocation program is explained in detail in the informational brochure to be provided to each permanently displaced household.
Rental/down payment assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of:
1. The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or
2. The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person.
The base monthly rent for the displacement dwelling is the lesser of:
1. The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement. Average monthly cost of utilities will be determined by actual statements/receipts over a 12-month period or a statement of average usage from the utility company, if provided. The most recent local utility schedule will be used to determine estimated utilities’ costs if actual costs are not provided. For owner - Shalimar Park Expansion Project: Relocation Plan
14 occupants or households, which paid little or no rent, fair market rent will be used as a substitute for actual rent; or
2. Thirty percent (30%) of the displaced person’s average monthly gross household income if the amount is classified as “low income” by US Department of Housing and Urban Development’s ( HUD) Annual Survey of Income Limits for the Public Housing and Section 8 Programs. HUD’s Survey is shown as Exhibit B. If a displacee refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling; or
3. The total of the amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities.
Table 6 below illustrates the computation of a rental/down payment assistance payment amount.
Table 6: Computation of Rental Assistance Payments
1. Old Rent $650 Old Rent, plus Utility Allowance
OR
2. Ability to Pay $700 30% of the Gross Household Income*
3. Lesser of Lines 1 or 2 $650 Base Monthly Rental
Subtracted From:
4. Actual New Rent $750 Actual New Rent including Utility Allowance OR
5. Comparable Rent $775 Determined by the City; includes Utility Allowance
6. Lesser of Lines 4 or 5 $750
7. Yields Monthly Need: $100 Subtract Line 3 from Line 6 Rental Assistance $4,200 Multiply Line 7 by 42 Months
*Gross income means the total amount of annual income of a household less the following: (1) a deduction for each dependent in excess of three; (2) a deduction of 10% of total income for the elderly or disabled head of household; (3) a deduction for recurring extraordinary medical expenses defined for this purpose to mean medical expenses in excess of 3% of total income, where not compensated for, or covered by insurance or other sources; (4) a deduction of reasonable amounts paid for the care of children or sick or incapacitate family members when determined to be necessary to employment of head of household or spouse, except that the amount shall not exceed the amount of income received by the person who would not otherwise be able to seek employment in the absence of such care.
3. Down payment Assistance to Tenants Who Choose to Purchase The displaced household may opt to apply the entire benefit amount for which they are eligible toward the purchase of a replacement unit.
A displaced household, who chooses to utilize up to the full amount of their rental assistance eligibility (including any Last Resort benefits) to purchase a home, will have the funds deposited in an open escrow account, provided that the entire amount is used for the down Shalimar Park Expansion Project: Relocation Plan
15 payment and eligible, incidental costs associated with the purchase of a decent, safe, and sanitary replacement home. A provision shall be made in the escrow arrangements for the prompt return of the City funds, in the event escrow should fail to close within a reasonable period of time.
Final determination about the type of relocation benefits and assistance for which the household is eligible will be determined upon verification of the household’s occupants and income.
D. Last Resort Housing
Based on data derived from the surveys and analyses of the occupants on the Project site and costs of replacement housing resources, it is anticipated that “comparable replacement housing” will not be available as required for some tenants. Specifically, f or renters, when the computed replacement housing assistance eligibility exceeds $ 5,250 in total or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceeds 30% of the person’s average monthly income.
Therefore, if the Project proceeds, the City will authorize sufficient funds to provide housing of last resort. Due to the demonstrated number of available replacement housing resources, as shown earlier, the need to develop a replacement housing plan to p roduce a sufficient number of comparable replacement dwellings will not be necessary. Rather, funds will be used to make payments in excess of the monetary limits specified in the statute ($ 5,250); hence, satisfying the requirement that “comparable replacement housing” is available.
The City will pay Last Resort Housing payments in two installments: The first installment includes the first and last month’s rent and security deposit of the replacement property and is paid at time the deposit is required. The last installment includes the remaining balance of the eligible relocation payments and is paid at move out date. Recipients of Last Resort rental assistance, who intend to purchase rather than re-rent replacement housing, will have the right to request a lump sum payment of all benefits in the form of downpayment assistance. Tenant households receiving periodic payments will have the option to request a lump sum payment of remaining benefits to assist with the purchase of a decent, safe and sanitary dwelling.
E. Determinations of Comparable Housing
Relocation staff would evaluate the cost of comparable replacement housing in the preparation of each individual Notice of Eligibility (NOE) issued to residential displacees. For residential tenants, the cost of comparable replacement housing would be determined primarily on a comparative basis of three, if possible, presently available, comparable dwellings. A Comparable Housing Analysis (CHA) Form would be prepared and placed in the file of each affected household.
Shalimar Park Expansion Project: Relocation Plan
16 F. General Information Regarding the Payment of Relocation Benefits Claims and supporting documentation for relocation benefits must be filed with the City no later than 18 months after:
• For tenants, the date of displacement.
The procedure for the preparation and filing of claims and the processing and delivery of payments would be as follows:
1. Claimant(s) would provide all necessary documentation to substantiate eligibility for assistance;
2. Relocation staff would review all necessary documentation including, but not limited to, scopes-of-services, contractor bids, invoices, lease documents and escrow material before reaching a determination as to which expenses are eligible for compensation;
3. Required claim forms would be prepared by relocation staff and presented to the claimant for review. Signed claims and supporting documentation would be returned to relocati on staff and submitted to the City;
4. The City would review and approve claims for payment, or request additional information;
5. The City would issue benefit checks to claimants in the most secure, expeditious manner possible;
6. Final payments to residential displacees would be issued after confirmation that the Project premises have been completely vacated, and actual residency at the replacement unit is verified;
7. Receipts of payment and all claim material would be maintained in the relocation case file.
G. Immigration Status
Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien’s spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the City to negatively affect the alien’s spouse, parent or child.
In order to track and account for relocation assistance and benefit payments under the Federal relocation law, relocation staff will be required to seek immigration status information from each displacee 18 years and older by having them self-certify as to their legal status.
Shalimar Park Expansion Project: Relocation Plan
17 There is no legal presence requirement in order to be eligible for relocation assistance under the State Relocation Program.
H. Relocation Tax Consequences
In general, relocation payments are not considered income for the purpose of Division 2 of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986 (Title 26, U. S. Code), or for the purpose of determining the eli gibility or the extent of eligibility of any person for assistance under the Social Security Act (42 U. S. Code 301 et seq.) or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of the Revenue and Taxation Code, or the Bank and Corporat ion Tax Law, Part II (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. The above statement on tax consequences is not intended as tax advice by the City or Monument. Displacees are responsible for consulting with their own tax advisors concerning the tax consequences of relocation payments.
I. Title VI – the City’s Non-Discrimination Policy
Title VI of the Civil Rights Act of 1964 requires that no person in the United States, on the grounds of race, color or national origin be excluded from, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Presidential Executive Order 12898 addresses environmental justice in minority and low-income populations.
Presidential Executive Order 13166 addresses services to those individuals with limited English proficiency. Any person who believes that they have been excluded from, denied the benefits of, or been subjected to discrimination may file a written complaint with the City. Federal and state law requires complaints be filed within one-hundred eighty (180) calendar days of the last alleged incident. To request additional information on the City’s non-discrimination obligations or to file a Title VI Complaint please contact your Relocation Agent. Should language assistance be required, it will be provided at no cost. A Relocation Agent can arrange assistance for language assistance upon request.
J. Fair Housing Laws
Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968 set forth the policy of the United States to provide, within constitutional limitations, fair housing throughout the United States. These Acts and Executive Order 11063 make discriminatory practices in the purchase and rental of residential units illegal if based on race, color, religion, sex, or national origin. Whenever possible, minority persons shall be given reasonable opportunities to relocate to decent, safe, and sanitary housing, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require the City to provide a person a larger payment than what may already be necessary to enable a person to relocate to a comparable replacement dwelling.
Shalimar Park Expansion Project: Relocation Plan
18 Shalimar Park Expansion Project: Relocation Plan
19 Please understand that this is a summary of the assistance that may be available to eligible displaced persons. No summary relocation law can anticipate every circumstance or question regarding the Relocation Program. It is important that each household works closely with a Relocation Agent to identify any special circumstances that need to be addressed when searching for replacement housing. No household should commit to renting or purchasing a replacement dwelling until the home has been inspected by a Relocation Agent. A Relocation Agent is available to assist in the relocation process and will explain each person’s rights and help to obtain the relocation payments and other assistance for which they are eligible.
Shalimar Park Expansion Project: Relocation Plan
20 V. Administrative Provisions
A. Notices
Each notice that the City is required to provide to a property owner or occupant shall be personally delivered or sent via certified or registered first -class mail, return receipt requested and documented in each case file. Each notice would be written in plain, understandable lan guage.
Persons who are unable to read and understand any notice would be provided with appropriate translation and counseling. Each notice would indicate the name and telephone number of a person who may be contacted for answers to questions or other help.
There are three principal notices:
1. General Information Notice (GIN),
2. Notice of Relocation Eligibility (NOE), and
3. 90-Day Informational or Vacate Notice
The GIN is intended to provide potential displacees with a general written description of the City’s relocation program and basic information concerning benefits, conditions of eligibility, noticing requirements and appeal rights. The GIN would be issued at the time the properties are being appraised.
NOEs would be distributed to each residential displacee. The NOEs, contains a determination of eligibility for relocation assistance and a computation of maximum entitlement based on information provided by the affected household and the analyses of comparable replacement properties undertaken by relocation staff. NOEs would be issued promptly following the initiation of negotiation (ION) with property owners.
No lawful occupant would be required to move without having received at least 90 days’ advance written notice of the earliest date by which the move would be necessary. The 90 -day vacate notice would either state a specific date as the earliest date by which the occupant may be required to move, or state that the occupant would receive a further notice indicating , at least 60 days in advance for residential tenants and 30 days in advance for owner -occupants and non-residential occupants, the specific date o f the required move. The 90 -day vacate notice would not be issued to any residential displacees before a comparable replacement dwelling has been made available.
In addition to the three principal relocation notices previously identified, relocation staff would issue timely written notification in the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration date for the loss of benefits to those persons who:
1. Are eligible for monetary benefits,
2. Have moved from the acquired property, and
3. Have not filed a claim for benefits.
Shalimar Park Expansion Project: Relocation Plan
21 Reminder Notices would be issued periodically throughout the qualification period. An attempt shall be made to make written contact with all non-responsive displacees no later than within the last six months prior to the expiration date to file a claim for benefits.
B. Privacy of Records
All information obtained from displacees is considered confidential and would not be shared without the consent of the displacee or the City or as a requirement of a specific Public Records Request in accordance with federal and state law. Relocation staff would comply with federal regulations concerning the safeguarding of relocation files and their contents.
C. Grievance Procedures
A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable replacem ent housing referrals, or the City ’s property management practices must file an appeal form or any other written form of appeal with the City’s Right-of-Way Project Manager or his/her designee (Hearing Officer).
The Hearing Officer shall set a hearing date of no later than 30 days from receipt of the appeal.
The person making the appeal shall have:
1. The right to present oral and/or written evidence in support of the appeal,
2. The right to seek legal counsel (hired at the appellant’s sole expense), and
3. The right to seek judicial review once having exhausted all administrative appeal remedies.
The Hearing Officer shall render a decision, in writing, within 30 days following the last day of the hearing. A copy of the decision would be mailed, via certified or registered mail, to the appellant and his/her authorized representative and copies would be filed in the relocation case file. The decision of the Hearing Officer shall be final, and the appellant shall be advised of the right to seek judicial review of the Hearing Officer’s decision.
D. Eviction Policy
Eviction for cause must conform to applicable federal, state and local law. Any person, who occupies the real property and is in lawful occupancy on the date of the ION, is presumed to be entitled to relocation payments and other assistance, unless the City determines that:
1. The person received an eviction notice prior to the ION and as a result of that notice is later evicted, or
2. The person is evicted after the ION for serious or repeated violation of material term(s) of the lease or occupancy agreement, and
3. In either case, the eviction was not undertaken for the purpose of evading the obligation to make available the payments or other assistance to which a person may otherwise be entitled.
Shalimar Park Expansion Project: Relocation Plan
22 E. Citizen Participation
The City conducted a public hearing for the Project on November 19, 2024. As the process for implementing the Project advances, the City will observe the following protocol:
1. Provide affected tenants with full and timely access to documents relevant to the relocation program;
2. Encourage meaningful participation in reviewing the relocation plan and monitoring the relocation assistance program; including the occupants in the Project area, neighborhood groups and community organizations forming a relocation committee;
3. Provide technical assistance necessary to interpret elements of this Plan and other pertinent materials;
4. Issue a general notice concerning the availability of the Plan for public review, as required,
5. 30 days prior to its proposed adoption;
F. Projected Dates of Displacement
The City has approved acquisition and relocation activities, which began in December 2024 and would be completed no later than the summer of 2025.
G. Estimated Relocation Costs
The total budget estimated for relocation -related payments for this Project, including a 20% contingency, is as follows:
Relocation: $ 225,000
Contingency at 20%: $ 45,000
Total: $ 270,000
The estimated relocation budget does not include any payments related to property acquisition, improvements pertaining to realty, or loss of business goodwill. In addition, the budget does not consider the cost of any services necessary to implement the Plan and complete the relocation element of the Project.
If the Project is to be implemented, and circumstances arise that change the number of residential occupants or the nature of their activity, the City may authorize any additional, compensable funds that may need to be appropriated. The City pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project, including funds necessary for LRH as indicated in Section IV. D, of this Plan to meet its obligation under the relocation regulation.
Shalimar Park Expansion Project: Relocation Plan
Exhibit A
Residential Interview Form
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Exhibit B
HCD Income Limits – Orange County
Shalimar Park Expansion Project: Relocation Plan
o
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Exhibit C
Rental Listings
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Exhibit D
Residential Informational Brochure
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Shalimar Park Expansion Project: Relocation Plan
Exhibit E
Public Comments and Response