San Marcos City Council
September 27, 2022

RESOLUTION NO. 2022-9076

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS

APPROVING THE RELOCATION PLAN FOR THE UNIVERSITY DISTRICT

ROAD AND INFRASTRUCTURE IMPROVEMENT PROJECT
WHEREAS, in 2009 the City of San Marcos approved the University District Specific Plan (“Specific Plan”) for the development and redevelopment of properties located within the approved specific plan boundary; and,
WHEREAS, various public improvements are shown within the Specific Plan area; and, WHEREAS, it is anticipated that there may be a need for the City to acquire parcels within the Specific Plan area which may result in the permanent displacement and relocation of residents; and,
WHEREAS, the City is required to adopt a Relocation Plan to protect and provide relocation advisory and other services to displaced residents; and, WHEREAS, the City has secured a consultant to prepare a relocation plan for use with respect to the development activities in the Specific Plan area and for adoption by the City Council; and, WHEREAS, the Relocation Plan was prepared in accordance with State relocation law, California Government Code Section 7260 et seq. and the implementing guidelines, California Code of Regulations Title 25, Chapter 6, Section 6038 et seq.; and, WHEREAS, a notice of availability of the draft Relocation Plan was published in a newspaper of general circulation, posted to the City websites, and was also provided to all known potential residential displacees located within the proposed Specific Plan area; and WHEREAS, a draft Relocation Plan was available for 30-day public review and comment beginning on August 18, 2022, which public review period expired on or about September 21, 2022; and, WHEREAS, the Relocation Appeals Policy and Procedures (Exhibit B) provides a procedure for occupants who may be displaced by public improvement projects in the University District Specific Plan Area of the City of San Marcos to appeal administrative determinations made concerning relocation assistance.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Marcos does hereby approve the Relocation Plan for the University District Road and Infrastructure Improvement Project, dated September 27, 2022 and the Relocation Appeals Policy and Procedures.

PASSED, APPROVED AND ADOPTED by the City Council of the City of San Marcos, California, this 27th day of September, 2022 by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_________________________
Phillip Scollick, City Clerk
City of San Marcos

Exhibit ”A”
Relocation Plan for the University District Road and Infrastructure Improvement Project

RELOCATION PLAN

FOR THE

UNIVERSITY DISTRICT ROAD AND

INFRASTRUCTURE IMPROVEMENT

PROJECT

Prepared for:

City of San Marcos

August 17, 2022

Prepared by:

1 TABLE OF CONTENTS

I. GENERAL INFORMATION ....................................................................................................2 A. PURPOSE OF RELOCATION PLAN ............................................................................2 B. CITIZEN PARTICIPATION/PLAN REVIEW ................................................................2 II. PROJECT DATA.......................................................................................................................3 A. PROJECT DESCRIPTION & LOCATION .....................................................................3 B. GENERAL CITY DEMOGRAPHICS & HOUSING CHARACTERISTICS .................4 III. ASSESSMENT OF RELOCATION NEEDS ............................................................................5 A. SURVEY METHOD .........................................................................................................5 B. RESIDENTIAL NEEDS ASSESSMENT ........................................................................5 IV. RELOCATION RESOURCES .................................................................................................6 A. RESIDENTIAL PROPERTY FOR RENT .......................................................................6 B. PROGRAM ASSURANCE AND STANDARDS ...........................................................7 V. THE RELOCATION ASSISTANCE PROGRAM ...................................................................8 A. ADVISORY ASSISTANCE SERVICES .........................................................................8 B. RELOCATION BENEFITS FOR DISPLACED HOUSEHOLDS ..................................9 C. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS ..........13 VI. ADMINISTRATIVE PROVISIONS.......................................................................................14 A. RELOCATION TAX CONSEQUENCES......................................................................14 B. APPEALS PROCEDURES ............................................................................................14 C. EVICTION POLICY.......................................................................................................15 D. ESTIMATED RELOCATION COSTS ..........................................................................15

EXHIBITS

A: HUD Income Limits
B: Informational Brochure
C: Draft Relocation Appeals Policy and Procedures
D: Public Comments and Response

2 I. GENERAL INFORMATION

PURPOSE OF THE RELOCATION PLAN

The purpose of this Relocation Plan (Plan) is to provide residents of the City of San Marcos (City) with information about the impact of the proposed University District Road and Infrastructure Improvements Project (Project) on residential occupants that may be displaced and to develop solutions to minimize the adverse impacts of any displacements. This Plan is organized into the following six sections:

1. General Information

2. Project Data

3. An assessment of Relocation Needs

4. Relocation Resources

5. Relocation Assistance Program

6. Administrative Provisions.

CITIZEN PARTICIPATION/PLAN REVIEW

This Plan will be provided to each displaced household affected by the Project and will be made available for public review prior to submitting the Plan to the City for approval and adoption. In accordance with Section 6012 of the California Code of Regulations, Title 25, Chapter 6, The City will ensure the following:

 Timely and full access to all documents relevant to the relocation program. City will only restrict access to material where its confi dentiality is protected by law or its disclosure is prohibited by law;

 Provide technical assistance necessary to interpret elements of the Plan and other pertinent materials.

 Copies of the Plan shall be available for public review a minimum of 30 days prior to final approval by The City; City will solicit comments from displaced residential and business occupants, and other interested persons.

 The right of any persons to submit written or oral comments and objections on the Plan and the right to submit written comments to be attached to the Plan when it is forwarded to The City for final approval.

 Prompt written responses to any written comment, objection or criticism; and

 Upon incorporating all public comments and City’s responses to those comments, the Plan will be presented for adoption by the City.

3 II. PROJECT DATA

PROJECT DESCRIPTION & LOCATION

The University District Specific Plan (UDSP) area consists of approximately 194 acres and is situated in the heart of the city, with parcels located on the east and west sides of Twin Oaks Valley Road. It is bounded by State Route 78 and San Marcos Creek on the north and Barham Drive and Discovery Hills on the south.

The proposed Project anticipates the acquisition of two parcels within the UDSP, resulting in the displacement of the occupants. The residents of four dwelling units will need to be relocated from the properties shown in Figure 2.

The UDSP provides the necessary framework to grant mixed use and smart growth zoning within the Specific Plan area. The UDSP contemplates a variety of housing types and retail, entertainment and dining establishments. The Project will consist of the road and infrastructure improvements associated with approved entitlements within the UDSP. See Figures 1 and 2 below.

Figure 1: Project Area Map

4 GENERAL CITY DEMOGRAPHICS & HOUSING CHARACTERISTICS

1. Geography

The City is located approximately 15 miles inland from the Pacific Ocean and is intersected by the 78 Freeway. The City is adjacent to the city of Vista on the west and to the city of Escondido on the east.

2. Population

According to the U.S. Census Bureau (American Community Survey), in 2020, the population of The City was 96,219 persons, comprised of 2 9,749 occupied households. Of those households,

26.5% have children under the age of 18 years living with them; 12.7% of households consist of persons 65 years of age or over; 56% are married couples living together; 11.2% are solely female- led households with no husband/partner present; 5.6% are solely male -led households with no wife/partner present; and 27.2% are non-family households.

3. Race and Ethnicity

Based upon the categories found i n the U.S. Census data, self -described in descending order:

68.5% White; 10.5% Asian; 2.1% Black or African American; 9.1% Two or More Races; 0. 2% Native Hawaiian and Other Pacific Islander; and 0.9% American Indian and Alaska Native.

Additionally, 38.8% were identified as Hispanic or Latino (of any race). See Table 1 and Table 2 below for additional detail.

Figure 2: 134- 140 East Barham Drive

5 TABLE 1: 2020 Census Population – City of San Marcos
Population City %
White 65,910 68.5
Black or African American 2,021 2.1
American Indian or Alaska Native 866 0.9
Asian 10,103 10.5
Native Hawaiian or Other Pacific Islander 192 0.2
Some Other Race 8,370 8.7
Two or More Races 8,756 9.1
Total Population 96,219 100.0

Hispanic or Latino (of Any Race) 30,697 38.8

TABLE 2: 2020 Census Housing Units – City of San Marcos Type City %
Owner-Occupied 19,100 62.6
Renter-Occupied 11,411 37.4
Total Occupied Units 30,511 100.0

Vacant Housing Units 1,213 3.8
Available for Sale Only (of Total Vacant Units) 198 16
Available for Rent – Full Time Occupancy (of Total Vacant Units) 301 25

4. Income

The annual median household income for non-families in The City was $44,390, and the annual median household income for families was $101,983.

III. ASSESSMENT OF RELOCATION NEEDS

SURVEY METHOD

Personal interviews were conducted with residential tenants within the Project area to determine their relocation needs. The displaced residential occupants were asked about the household size and composition, length and type of occupancy, rental infor mation, household income, ages of occupants, disabilities or special needs, and preferences related to replacement housing and location.

RESIDENTIAL NEEDS ASSESSMENT

There are four dwelling unit households (two duplexes) currently anticipated to be affected by the Project. The assessment of relocation needs for those anticipated displaced residential occupants will consider individual household needs to be close to public transportation, employment, schools, public/social services and agencies, recreational services, parks, community centers, and shopping.

Additionally, the following needs will be taken into consideration.

6 1. Replacement Housing

Information regarding replacement housing needs will be gathered from all residential households anticipated to be displaced by the Project.

Replacement housing needs for tenant occupants are based on the ratio of the total number of household occupants to the number of bedrooms. Under the U.S. Department of Housing and Urban Development (HUD) regulations for public and assisted housing, families are to be housed in units that have a minimum number of bedrooms for their family size. The occupancy standard provides for a maximum number of occupants within a particular dwelling under a 2+1 theory, which allows for two occupants per bedroom, with one occupant able to occupy a separate den, living or family room. Referrals to displaced tenants will reflect the appropriate bedroom count as required by governmental regulations, including HUD and City occupancy standards.

The Project’s replacement housing requirements are to provide comparable units to replace the tenants’ displaced dwelling and correct overcrowding conditions, if applicable, providing not less bedrooms than their displacement unit. Referrals to c omparable housing will be provided and attempts will be made to take into consideration individual preferences.

2. Income

Income information will be gathered from all tenant-occupied households but will not be requested from any owner -occupants since inc ome information is not relevant to determine relocation benefits for displaced owner-occupants.

Income levels will be evaluated to determine whether any tenant households, as adjusted for household size, qualify for relocation assistance as (i) extremely low income (30% or less of the area median income); (ii) very low income (50-80% of the area median income); (iii) low income (80-110% of the area median income), (iv) median/moderate income (110 -120% of the area median income); or (v) above moderate income (over 120% of the area median income) according to the HUD-derived income categories for use in the County of San Diego (See: Exhibit A).

3. Households with Seniors and Persons with Disabilities

Information on seniors and persons with disabilities wil l be gathered and prioritized in locating comparable replacement housing to the extent that the household would require assistance with the physical move and/or special accommodations at a replacement site. In the event that a senior- led, disabled, and/or special needs household is permanently displaced, proximity to health care, therapeutic and counseling providers, and in -home features and amenities will be considered in locating comparable replacement housing.

4. Temporary Housing

The need for temporary housing as a result of Project acquisition or relocation requirements is not anticipated. However, should such a need arise, The City will respond appropriately and in conformance with all applicable laws and requirements.

7 IV. RELOCATION RESOURCES

RESIDENTIAL PROPERTY FOR RENT

An extensive resource survey was conducted over a span of two weeks between July 4, 2022 and July 18, 2022 to determine the availability of replacement housing units in the San Marcos and surrounding cities utilizing the following sources:
 Rental property management agencies from the City of San Marcos area  Internet sources
 Multiple-Listing Services

The individual figures for number of units found are presented in table 3 alongside the number of units needed (shown in parent heses) to meet re -housing obligations. Survey data suggest a sufficiency of replacement housing resources relative to the number of potential displacees within the Project area.

TABLE 3: Available Replacement Sites - Rental Housing
No. Dwellings
Available (Needed) No. Bedrooms Rent Range and Average 28 (4) 1-3 $1,680 - $3,194
$2,187

The information on housing in the area is included as a general representation of available units currently on the market . No household will be required to mo ve unless the comparable unit i s located and is available on the market. As with any resource survey, results reflect conditions at a given point in time. The sites included herein may or may not be available at the time of displacement. Resource results are an in dication and not a prediction of future market circumstances. However, based on the existing housing market both locally and nationally , it can be assumed that the availability of this housing stock will remain at or near this level for the next few years.

The City, as the displacing agency, will be responsible to assist each household in relocating into comparable replacement housing , which for the purposes of this Plan is determined to be housing that is in an area that is not generally less desirable than the current dwelling with regard to utilities, commercial facilities, schools and public services and is reasonably accessible to the displaced person’s current place of employment, is comparable in size and structure to the existing homes and which a ccommodates the size of the household being displaced. All replacement housing must meet decent, safe and sanitary requirements . In order to meet decent, safe and sanitary requirements, a replacement site must meet the following criteria:

 Be structurally sound; weather tight and in good repair.  Contain a safe electrical wiring system adequate for lighting and other devices.  Contain a safe heating system capable of sustaining a healthful temperature.

8  Be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced household. Separate, well -lighted and ventilated bathrooms that provide privacy to users and contains a sink, bathtub/shower, and a toilet, all in good working order connected to appropriate sources of water and sewage systems.
 There shall be a kitchen area that contains a fully usable sink, connected to potable hot and cold water and to sewage drainage system, and adequate space and utility service connections for a stove and refrigerator.
 Contain unobstructed egress to s afe, open space at ground level, unless local fire and building codes require additional methods of ingress/egress such as access to a common corridor.
 For a person who is mobility impaired, be free of any barriers, which would preclude reasonable ingress, egress, or use of the dwelling by such person.

PROGRAM ASSURANCES AND STANDARDS

There are adequate funds to relocate all the households that would be displaced if the Project is implemented. Relocation Services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability, or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment and Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination.

V . THE RELOCATION ASSISTANCE PROGRAM

The City will provide eligible displacees the assistance, rights and benefits required under Federal relocation law and the relocation guidelines. The relocation program will provide both advisory and financial assistance. Every reasonable effort will be made to facilitate relocation arrangements and minimize hardships for displacees.

ADVISORY ASSISTANCE SERVICES

Advisory assistance services are intended to inform displacees about the City’s relocation program, help in the process of finding appropriate replacement accommodations, facilitate claims processing, maintain a communication link with the City and coordinate the involvement of outside service providers.

To follow through on the advisory assistance component of the relocation program and assure that the City meets its obligations under the law, relocation staff will perform the following functions:
 Distribute written information concerning the City’s relocation program to each anticipated displacee.

9  Personally inform all displacees of the nature of and procedures for obtaining available relocation assistance and benefits.
 Determine the eligibility, needs and relocation preferences of each displacee.  Provide residential displacees with at l east three referrals to comparable, decent, safe and sanitary replacement housing within a reasonable time prior to displacement.  Maintain a database of available housing resources and distribute replacement site referrals for the duration of the Project.
 Provide transportation to displacees, if requested, to inspect replacement sites within the local area. Offer special assistance to help elderly residents find housing near friends, relatives, medical facilities and services, and convenient transportation.  Make referrals to governmental and non-governmental service providers such as:
(a) Federal Social Security Administration
(b) Neighborhood Housing Services
(c) Housing Commission
(d) Home Loan Counseling Service
(e) Department of Social Services
 Assist each eligible displacee with the preparation and submission of relocation assistance claims.
 Assist residential displacees with arrangements necessary to rent or purchase comparable decent, safe and sanitary replacement housing.
 Make benefit determinations and payments in accordance with applicable Federal and State law and policy (if applicable).
 Assure that no displacee is required to move without a minimum of 90 days written notice to vacate.
 Inform all persons subject to displacement of the City’s policies (if applicable) with regard to eviction and property management.
 Establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of the benefit decisions with respect to relocation assistance; and  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.

RELOCATION BENEFITS FOR DISPLACED HOUSEHOLDS

Relocation benefits will be provided in accordance with the applicable provisions of the Federal and/or State Relocation law and guidelines. Benefits will be paid to eligible displaced persons upon submission of required claim forms and documentation regarding the ren tal or purchase of decent, safe and sanitary replacement housing.

Eligibility requirements and calculations will be detailed on an individual basis with all displacee households. During personal interviews and follow -up visits, each displacee household w ill

10 receive counseling regarding available benefit options and the requirements to claim compensation for moving payments and replacement housing assistance.

City staff will promptly evaluate advance payment requests meant to alleviate hardships for tenants who do not have access to sufficient funds to pay move -in costs such as first month’s rent and/or security deposits. Approved requests for advance payments will be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing.

1. Residential Moving Expense Payments

All residential displacees will be eligible to receive a payment for moving expenses.

Moving expense payments will be based either on the actual cost of a professional move or a fixed payment amount determined by room count.

 Actual Cost (Professional Move)

Displacees may elect to retain the service of a professional mover. The cost of professional moving services will be based on the lower of at least two acceptable bids obtained from licensed, professional movers. The City may also obtain bids, at its own discretion, in order to determine the most qualified low-bidder for the move. The City will make direct payment to the selected mover, if requested, or provide reimbursement upon presentation of appropriate documentation substantiating the move.

Compensable moving elements include packing, transportation, un -packing and insurance. Transportation costs beyond 50 miles are not eligible, unless the City determines that relocation beyond 50 miles is justified. In addition to payment for the actual move, one-time re-connection fees related to gas, water, electricity, telephone, internet and television service, are eligible for reimbursement. Deposits required by utility and other residential service providers are not eligible for reimbursement.

 Fixed Payment (Room Count Schedule Method)

As an alternative to a professional move, a residential displacee may elect to receive a fixed payment for moving expenses based on the number of furnished or unfurnished rooms in the displacement dwelling.

Residential displacees who elect to receive a fixed payment assume full responsibility for the move including vacating the premises in a timely manner and the expense of utility re -connections described above. The curren t schedule for fixed moving payments is set forth in Table 4.

1 TABLE 4: Schedule of Fixed Moving Payments
Unfurnished Dwelling
Room
Count 1 2 3 4 5 6 7 8
Each
Additional
Room
Amount $780 $1,000 $1,250 $1,475 $1,790 $2,065 $2,380 $2,690 $285 Furnished Dwelling
Room
Count 1 Each Additional Room
Amount $510 $100

2. Rental Assistance to Tenants/Owner-Occupants Who Choose to Rent

A tenant or owner-occupant displaced from a dwelling may be entitled to a Replacement Housing Payment in the form of re ntal or down payment assistance not-to-exceed $7,200 (prior to consideration of eligibility for Last Resort Housing benefits - see Last Resort Housing this Section, Paragraph 6), if the displacee:

 Has actually and lawfully occupied the displacement dwel ling for at least 90 days immediately prior to the initiation of negotiations; and

 Has rented, or purchased, and occupied a decent, safe, and sanitary replacement dwelling within one year (unless the City, at their sole discretion, extends this period for good cause) after:
(i) For a tenant, the date he or she moves from the displacement dwelling; or (ii) For an owner-occupant, the later of:
o The date final payment is received for the displacement dwelling, or in the case of condemnation, the date the full amount of estimated just compensation is deposited with the court; or
o The date the displacee moves from the displacement dwelling.

Rental/Down payment Assistance payment amounts are equal to 42 times the difference between the base monthly rental and the lesser of:
(i) The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or
(ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by th e displaced person; or
(iii) 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.

2 The base monthly rental for the displacement dwelling is the lesser of:
(i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the City . For owner-occupants or households which paid little or no rent, fair market rent will be used as a substitute for actual rent; or,
(ii) Thirty percent (30%) of the displacee’s average gross household income. If a displacee refuses to provide appropriate evidence of income or is a dependent, the base monthly rental shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling.

Table 5, following, provides an example of a typical rental assistance eligibility computation.

TABLE 5: Computation of Rental Assistance Payments

1. Old Rent $600 Old Rent (plus Utility Allowance)
- or -

2. Ability to Pay $550 30% of Monthly Gross Household Income*

3. Lesser of lines 1 and 2 $550
Subtracted from the lesser of:

4. Actual New Rent $650 Actual New Rent (plus Utility Allowance) - or -

5. Comparable Rent $675 Set by the City (plus Utility Allowance)

6. Lesser of lines 4 and 5 $650

7. Monthly Need Amount $100 Subtract line 3 from line 6 Rental Assistance $4,200 Multiply line 7 (Monthly Need) by 42 months *Monthly gross income is based on all income from all persons over 18 years old for the 12-month period preceding the date of determination of income. Do not include the income of a full-time student over the age of 18 UNLESS that person is the head of the household or the person’s spouse. Gross household income means the total annual income of an individual

3. Down Payment Assistance to Tenants Who Choose to Purchase

Residential displacees eligible to receive a rental assistance payment may choose to utilize up to the full amount of their rental assistance eligi bility (including any Last Resort benefits) to purchase a replacement dwelling, provided that the entire eligibility amount is used toward the down payment and eligible incidental closing costs. In the case of Down Payment Assistance claims, the City will arrange for the deposit of the total rental assistance eligibility amount in an open escrow account. Provisions will be included in the escrow instructions to assure the prompt return of all the City-provided funds in the event escrow is cancelled by eith er party or should fail to close within a reasonable period of time.

3 4. Replacement Housing Payment to 90 Day Residential Owner-Occupants

Residential owner-occupants who have established residency for at least 90 days prior to the City’s offer to purchase may be eligible for a replacement housing payment determined by the aggregate value of three separate compensation elements: a) Purchase Price Differential; b) Mortgage Interest Differential; and c) Incidental Expenses.

 Purchase Price Differential

The Purchase Price Differential is based on three factors:

Acquisition Price - The final price paid by the City for the Project dwelling; Actual Replacement Housing Purchase Price - The actual price paid for a replacement dwelling; and,
Comparable Replacem ent Cost - The cost of a decent, safe and sanitary dwelling comparable to the dwelling acquired by the City.

The purchase price differential amount is determined by comparing the final acquisition price of the Project residence to the lesser of the actual price paid for a replacement home or the price of a comparable available decent, safe and sanitary dwelling. If the purchase price of a replacement home is less than the cost of a comparable replacement home, the payment will be limited to the actual difference. If the purchase price exceeds the cost of a comparable replacement home, the payment will be based on the cost of the comparable replacement home.

Replacement housing referrals to owner -occupants will match, as closely as possible, current housing circumstances. The calculation of purchase price differential payments to owner-occupants of multifamily properties will be determined by comparing the pro- rated value of the portion of the property in which they live as compared to the comparable element of a replacement property.

 Mortgage Interest Differential

The Mortgage Interest Differential Payment is intended to compensate homeowners for any increase in interest costs between the acquired dwelling and the replacement dwelling. Computation of t he payment is based upon three factors: 1) the remaining term and amount(s) of the current mortgage or mortgages 2) the current type of mortgage product (i.e. fixed vs. variable) 3) a comparison of the mortgage interest rate for the acquired dwelling relat ive to the lesser of the current market rate or the actual new rate for a similar mortgage product. To be eligible for this payment, the mortgage on the dwelling being acquired must have been in place, as a valid lien, for at least 180 days prior to the City’s initial written offer to purchase.

 Incidental Expenses - Closing Costs

One-time, non-recurring closing costs associated with the purchase of a comparable, replacement dwelling are compensable. Examples of such compensable expenses include costs for: a property survey; preparation of a legal description and deed; recording fees; title insurance; revenue stamps and transfer taxes; loan application fees; loan origination fees; appraisal fees; a credit report; certification for structural

4 soundness; and, termite inspection, when required. Prepaid recurring expenses for mortgage interest, property taxes and insurance are not compensable.

5. Payments to Non-Tenured Residential Tenants

Non-low-income residential tenants with less than 90 days of continuous occupancy prior to the City’s acquisition of the property, will only be eligible to receive a moving expense

6. Last Resort Housing

The City anticipates that it will be necessary to make rental assistance payments in excess of the statutory cap of $7,200 and replacement housing payments to owner-occupants, if any, in excess of the statutory cap of $31,000 in accordance with Cal. Code Regs. Tit. 25, § 6139 (Last Resort Housing) to assure the availability of comparable replacement rental and for-sale housing. Rental assistance payments to low-income non-90-day tenants and rental assistance and replacement housing payment amounts in excess of the statutory caps are considered to be Last Resort Housing (LRH) payments.

The City, at its discretion, may o pt to pay LRH rental assistan ce payments on a periodic basis. Recipients of LRH rental assistance who intend to purchase rather than re -rent replacement housing have the right to request a lump sum payment of all benefits for the purpose of making a down p ayment and paying standard, non -recurring closing costs.

Households receiving periodic payments may elect, at any time, to request a lump sum payment of all remaining benefits to assist with the purchase of a decent, safe and sanitary dwelling.

GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS

Claims and supporting documentation for relocation benefits must be filed with the City within 18 months from:

 The date the claimant moves from the acquired property; or,  The date, on which final payment for th e acquisition of real prope rty is made, whichever is later.

The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows:

1) Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance.
2) Payment amounts will be determined in accordance with the provisions of the Federal relocation law and guidelines.
3) Required claim forms will be prepared by relocation personnel and reviewed with claimants. Signed claims and supporting documentation will be submitted by relocation personnel to the City.
4) The City will review all claims for payment and determine whether to approve, deny, or seek additional information.

5 5) The City will issue benefit checks for distribution to claimants by relocation staff. 6) Final payments will be issued only after confirmation that the Project premises have been completely vacated and occupancy of the replacement unit is verified. 7) All correspondence, back -up documentation, claims, receipts of payment and notices will be maintained in the relocation case file.

6 VI. ADMINISTRATIVE PROVISIONS

RELOCATION TAX CONSEQUENCES

In general, relocation payments are not considered income for the purpose of the Internal Revenue Code of 1968, or the Personal Income Tax La w, Part 10 of the Revenue and Taxation Code. The above statement on tax consequences is not intended to be provision of tax advice by the City.

Displacees are responsible for consulting with their own tax advisors concerning the tax consequences of relocation payments.

APPEALS PROCEDURES

The City will adopt a Relocation Appeals Process which is consistent with the Provisions of 49 CFR 24.10 (b) and the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Depart ment of Housing and Community Development (H&CD) Program guidelines (Cal. Code Regs. Tit. 25, § 6150, et seq.). The right to appeal shall be described in all relocation explanatory material distributed to displacees. A draft of City’s Relocation Appeals Policy and Procedures is attached as Exhibit C.

As required under the Federal and State of California relocation guidelines, any aggrieved person may file a written appeal with the City in any case in which the person believes that the City or project proponent has failed to properly consider the person’s application for relocation assistance.

Such assistance may include, but is not limited to, the person’s eligibility for, or the amount of, a relocation payment required under the Uniform Act.

Requests for administrative review and informal hearings will be directed to City staff designated to assist with and address relocation issues. All requests for review will receive written responses from the City within three weeks of their receipt. If an informal ap peal is denied, appellants will be entitled to file a written request for a formal hearing before an impartial and independent hearing officer.

More detail concerning the appeals process will be provided upon request. Appellants will retain their appeal rights for up to 18 months following the date of displacement from the Project area premises or receipt of final payment for relocation benefits, whichever is later.

EVICTION POLICY

Eviction for cause must conform to State and local law. Any person who occupies the real property and is not an unlawful occupant on the date of initiation of negotiations, is presumed to be entitled to relocation benefits, unless the displacing agency determines that:
 The person received an eviction notice prior to the initiation of negotiations and, as a result, was later evicted; or
 The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease; and
 The eviction was not undertaken for the purpose of evading reloc ation assistance regulations.

7 Except for the causes of eviction set forth above, no person lawfully occupying property to be purchased by the displacing agency will be required to move without having been provided with at least 90 days written notice from the displacing agency.

ESTIMATED RELOCATION COSTS

The total estimated budget for relocation -related payments (residential and business) for this Project is unknown at this time, but is it anticipated to be in the range of $180,000 to $250,000.

Following project approval, the City will work to identify all costs and develop a more accurate estimate.

The estimated relocation budget is solely associated with relocation cost and assistance and does not include any payments related to property acquisition or improvements pertaining to realty. In addition, the budget does not consider the cost of any services necessary to implement the findings of the Plan and complete the relocation element of the Project.

EXHIBITS

EXHIBIT A: HUD Income Limits

The following figures are approved by the U. S. Department of Housing and Urban Development (H.U.D.) for use in San Diego County to define and determine housing eligibility by income level.

Area Median: $106,900
Family Size Extremely
Low
Very Low

Low

Median

Moderate

1 Person 27,350 45,550 72,900 74,850 89,800
2 Person 31,250 52,050 83,300 85,500 102,650
3 Person 35,150 58,550 93,700 96,200 115,450
4 Person 39,050 65,050 104,100 106,900 128,300
5 Person 42,200 70,300 112,450 115,450 138,550
6 Person 45,300 75,500 120,800 124,000 148,850
7 Person 48,450 80,700 129,100 132,550 141,100
8 Person 51,550 85,900 137,450 141,100 169,350

Figures are per the Department of Housing and Community Development, California. April 2022.

EXHIBIT B: Informational Brochure

CITY OF SAN MARCOS

UNIVERSITY DISTRICT ROAD AND INFRASTRUCTURE

IMPROVEMENTS PROJECT

Residential Relocation
Assistance Program

Residential Relocation Assistance Program
Page iii

TABLE OF CONTENTS

Introduction. .....................................................................................................................................1 Relocation Advisory Services ..........................................................................................................1 Residential Assistance. ....................................................................................................................2 In Addition to Personal Contacts .....................................................................................................2 Social Services Provided by Other Agencies...................................................................................2 Lawfully Present in the United States ..............................................................................................3 Not Lawfully Present in the United States .......................................................................................3 Moving Payments ............................................................................................................................3 Commercial Move ...........................................................................................................................3 Self Move Schedule Payment ..........................................................................................................3 Self Move Actual Cost .....................................................................................................................3 Fixed Moving Cost Schedule Payment ............................................................................................4 Fixed Moving Cost Schedule ...........................................................................................................4 Storage Costs ...................................................................................................................................5 Mobile Homes ..................................................................................................................................5 Replacement Housing Payments for Owner Occupants of 90 days or more ...................................7 Price Differential ..............................................................................................................................7 Rent Supplement ..............................................................................................................................8 Replacement Housing Payments for 90-Day Tenant Occupants .....................................................9 Down Payment Assistance .............................................................................................................10 Housing of Last Resort ..................................................................................................................11 Relocation Payments Not Considered Income ..............................................................................12 Right to Appeal an Agency Decision.............................................................................................12 Agency Title VI Notice to Public ..................................................................................................12

Residential Relocation Assistance Program

Introduction

The Relocation Assistance Program is designed to establish uniform procedures in relocation assistance that will assure legal entitlements and provide fair, equitable, and consistent treatment to persons displaced by projects administered by the agency.

The program is administered in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act or URA) and the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development (H&CD) Program guidelines (Cal. Code Regs. Tit. 25, § 6150, et seq.).

This booklet is designed to answer some of your questions about your relocation entitlements.

Specific information about relocation assistance is contained in the law. While every effort has been made to assure the accuracy of this booklet, it does not have the force and effect of the law.

Should any difference or error occur, the law will take precedence. The law is contained in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development (H&CD) Program guidelines (Cal. Code Regs. Tit. 25, § 6150, et seq.).

Your concerns are importan t to us. We will do everything we reasonably can to minimize any disruptions and other impacts of the project. Thank you for taking the time to read this booklet.

We appreciate your understanding and cooperation.

The relocation assistance program is discussed in the following pages.

Relocation Advisory Services

If you are displaced by a public works program by the agency, you will be offered relocation assistance services for the purpose of locating a suitable replacement property. It is our goal and desire to be of service to you and assist in any reasonable way to help you successfully relocate.

Following is a summary of the relocation advisory assistance you will receive if you are displaced.

The relocation specialist will personally interview you to:
• Determine any special needs and requirements.
• Explain relocation process, entitlements, and payments. • Offer relocation advisory assistance.
• Offer transportation if necessary.
• Assure the availability of at least one comparable property in advance of displacement. • Provide referral to comparable properties.
• Provide the amount of maximum replacement housing entitlement and the basis for the determination in writing 90 days or more before the required vacate date. • Inspect replacement houses for decent, safe, and sanitary (DSS) acceptability. • Supply information about other federal, state, and local programs offering assistance to displaced persons.

Residential Relocation Assistance Program

• Minimize hardship to persons in adjusting to relocation by providing reimbursement of counseling services and advice as to other sources of assistance that may be available. • Advise obtaining a professional home inspection when purchasing a replacement dwelling.

Residential Assistance

A relocation specialist will contact you person ally to explain relocation services available, the types of relocation payments, move options, and the eligibility requirements to receive relocation payments that apply to you. During the first interview, your housing needs and desires will be assessed as well as your need for assistance by completing an occupancy survey. You cannot be required to move unless at least one comparable dwelling is made available to you and you have been given a written assurance at least 90 days prior to the date by which you will be required to vacate the property. The agency will provide this assurance in the relocation letter entitled, “Notice of Relocation Eligibility, Entitlements, and 90 -Day Assurance.” If occupancy of the property beyond the date the agency acquires pos session is allowed, you will be required to sign a rental agreement and pay rent.

If you desire, the relocation specialist will give you current listings of other available replacement housing and provide transportation to look at housing.

The relocati on 90 -day assurance should not be confused with the required 20 -day notice to terminate your lease which is administered by our Property Management Program.

In Addition to Personal Contacts

Relocation offices are open during convenient hours, including evening hours when necessary.

The personnel employed in the relocation office will assist you. Offices have access to or can refer you to the appropriate person/agency for a variety of information concerning:

• Listings of Available Replacement Properties
• Local Housing Ordinances
• Building Codes
• Social Services
• Security Deposits
• Interest Rates and Terms
• VA and FHA Loan Requirements
• Real Property Taxes
• Consumer Education Literature on Housing

Social Services Provided by Other Agencies

Your relocation specialist can direct you to the services provided by other public and private agencies in your community. If you have special needs, the specialist will make every effort to secure the services of those agencies with trained personne l who have the expertise to help you.

You should talk to your relocation specialist about your desires for these kinds of services.

Residential Relocation Assistance Program

Lawfully Present in the United States

Federal law requires certification of residency status. You will be required to sign a form certifying you are lawfully present in the United States before the relocation process can begin.

Not Lawfully Present in the United States

Any person who is an alien not lawfully present in the United States is ineligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional and extremely unusual hardship to a qualifying spouse, parent, or child as defined in Federal or State of California law.

Moving Payments

As a displaced person, you are entitled to reimbursement of your moving costs and certain related expenses incurred in moving. The methods of moving and the various types of moving cost payments are explained below.

Move options are based on one or a combination of the following:
• Commercial Move, up to a maximum of 50 miles
• Self Move
– fixed residential move cost schedule
– actual cost moved (based on documentation),
up to a maximum of 50 miles

Please do not move before you have discussed your moving plans with your relocation specialist and have a signed “Moving Expense Agreement.” You can jeopardize your right to receive relocation assistance entitlements unless you advise the agency in advance of moving.

You Can Choose Either or a Combination:

Commercial Move Includes:

• Packing and unpacking.
• Transportation, up to a maximum of 50 miles.
• Moving insurance.
• Other related costs.

Self Move Schedule Payment

Based on how many rooms are in the displaced dwelling and whether they are furnished or not.

Or

Self Move Actual Cost

Supported by documentation, i.e., receipts, invoices, transportation expenses limited to a maximum of 50 miles.

Residential Relocation Assistance Program

Commercial Move

You may be paid for your actual reasonable moving costs and related expenses when the move is performed by a commercial mover approved by the agency.

Reimbursement will be limited to a maximum of a 50-mile distance. Related expenses include:
• Disconnecting and reconnecting household appliances.
• Reconnect fees for utilities at the replacement site (i.e., phone, cable, power). • Insurance while your property is in transit.

Self-Move Schedule Payment

You may choose to be paid on the basis of a fixed moving cost schedule. The amount of the payment is determined by the schedule shown on the following page. If you choose this option, you will not be eligible for reimbursement of related expenses listed above. The moving cost schedule is designed to cover such expenses.

Self-Move Actual Cost

An actual cost move is supported by receipted bills for labor and equipment. Hourly labor rates should not exceed the cost paid by a commercial mover to their employees. Labor rates must be pre-approved by the agency. Equipment rental fees should be based on act ual cost of renting the equipment but not to exceed the cost paid by a commercial mover.

Fixed Moving Cost Schedule Payment
You may elect to receive payment for moving costs based on the following schedule. The number of eligible rooms is determined by the relocation specialist. Typically, bathrooms are not included in the room count.

Fixed Moving Cost Schedule*

For relocating personal property located in a dwelling: Payment to move contents of a furnished dwelling is $475 plus $90 for each additional room.

Number of Eligible Rooms Payment to Occupants Who Own Furnishings 1 $780
2 $1000
3 $1250
4 $1475
5 $1790
6 $2065
7 $2380
8 $2690
Plus $285 for each additional room
*Includes dislocation allowance for utility hookups and other miscellaneous moving expenses.

Note: The figures on this page were updated August 2020.

Residential Relocation Assistance Program

Storage Costs
Temporary storage as determined necessary by the agency and pre-approved for up to 12 months.

Your request must be in writing.

Mobile Homes

Mobile homes, as defined in Federal or State of California law may be determined to be either real property or personal property during the appraisal process.

Owners and/or occupants of mobile homes that are displaced by a public project may be eligible for different types of relocation replacement housing payments depending on different situations in relation to ownership and occupancy. Ownership and occupancy requirements for receiving any replacement housing entitlement as a mobile homeowner/tenant are the same as for a regular residential housing situation. The requirements for an owner/tenant occupant in a typical, constructed residential dwelling are applied to the occupant of a mobile home in all respects.

Mobile Home Considered Real Estate

The mobile home will be acquired through the acquisition process as real estate according to agency procedures.

Mobile Home Considered Personal Property

The mobile home will not be purchased by the agency. You will be eligible for the reasonable costs of moving the mobile home, including disassembling, moving, reassembling, anchoring the unit, and utility hook up charges.

All occupants of mobile homes being displaced are eligible for the costs to move their personal property located inside the mobile home and outside on the site of the mobile home using the move options described in the moving payments section of this booklet and for advisory services.

Please do not move before you have discussed your move plans with your relocation specialist and have signed a written Moving Expense Agreement with the agency.

Replacement Housing Payments

If you are a displaced person, you will be given a written notice of the maximum relocation payment that will apply to your situation. The notice will be provided at least 90 days before the date by which you may be required to move.

You cannot be required to move unless at least one “comparable replacement dwelling” is made available.

Replacement Housing Payments can be better understood if you become familiar wi th the definition of the following terms.

Residential Relocation Assistance Program

Comparable: Decent, Safe, and Sanitary

A comparable replacement dwelling must be “decent, safe, and sanitary,” and should be functionally similar to your present dwelling. While not necessarily identical to you r present dwelling, the replacement should have certain attributes.

• Similar number of rooms and living space.
• Located in an area not subject to adverse environmental conditions. • Generally not located in an area less desirable than your present locat ion with respect to public utilities and commercial and public facilities.
• Currently available to you.
• Land area that is typical in size for similar dwellings located in the same or similar neighborhood or rural area.
• Within the financial means of the displaced person.
• If you chose to purchase a replacement dwelling that is not similar to your displacement dwelling then the Replacement Housing Payment (RHP) will be adjusted accordingly. For example, a single family dwelling is not considered simil ar to a multifamily dwelling and therefore not reasonable to apply the full calculated RHP to the purchase of your replacement dwelling.

Decent, Safe, and Sanitary (DSS)

Replacement housing must be decent, safe, and sanitary . . . which means it meets al l of the minimum requirements established by federal and state regulations and conforms to applicable housing and occupancy codes. The dwelling shall:

• Be structurally sound, weather tight, and in good repair. • Contain a safe electrical wiring system adequate for lighting and other devices. • Contain a heating system capable of sustaining a healthful temperature (of approximately 70 degrees).
• Be adequate in size with respect to the number of rooms and area of living space to accommodate the displaced p erson(s). The number of persons occupying each habitable room used for sleeping purposes should not exceed that permitted by local housing codes. • Contain a well-lighted and ventilated bathroom providing privacy to the user and containing a sink, bathtub or shower stall, and toilet, all in good working order and properly connected to appropriate sources of water and sewage drainage system. • Contain a kitchen area, with a fully usable sink ­properly connected to potable hot and cold water and to a sewage drainage system; with adequate space and utility connections for stove and refrigerator.
• Contain unobstructed egress to safe open space at ground level. • For displaced persons with a disability, be free of any barriers which would preclude reasonable ingress, egress, or use of the dwelling.

Residential Relocation Assistance Program

The DSS inspection should be completed by your relocation specialist prior to entering into a contractual agreement for your replacement dwelling.

The purpose of the DSS inspection on the replacement dwelling is to de termine eligibility for replacement housing payments and is not intended to be, nor constitutes, warrants, or guarantees that the replacement dwelling is free from defects.

You are advised to obtain a professional home inspection on the replacement dwelli ng prior to making the purchase. The cost of the home inspection is reimbursable as an incidental purchase expense.

Replacement Housing Payments

Replacement housing payments are separated into three basic types:
• Price Differential for owner occupants of 90 days or more. • Rent Supplement for owner occupants and tenants of 90 days or more. • Down Payment Assistance for tenants of 90 days or more.

The type of payment depends on whether you are an owner or a tenant, and how long you have lived in the property being acquired prior to negotiations.

Replacement Housing Payments for Owner Occupants of 90 days or more

If you are an owner and have occupied your home continuously for 90+ days prior to the offer to purchase your property (90-day owner), you may be eligible to receive a price differential payment for the cost necessary to purchase a comparable replacement dwelling. The agency will compute the maximum payment you are eligible to receive based on the most comparable dwelling selected by the department.

Price Differential

The price differential payment is the amount by which the cost of a comparable replacement dwelling exceeds the acquisition cost of the displacement dwelling. The price differential payment and the following payments are in addition to the acquisition price paid for your property.

If you receive more than the appraised value for your dwelling in the form of an administrative settlement, your price differential will be reduced.

• Mortgage Interest Differential Payment (MIDP) – You may be reimbursed for increased mortgage interest costs if the interest rate on your new mortgage exceeds that of your present mortgage. Your displacement dwelling must have been encumbered by a bona fide mortgage which was a valid lien for at least 180 days prior to the initiation of negotiations.

Residential Relocation Assistance Program

• Incidental Purchase Expenses – You may also be reimbursed for other expenses such as reasonable costs incurred for home inspection, title search, recording fees, and certain other closing costs normally paid by a purchaser, but not including prepaid expenses such as real estate taxes and property insurance. These expenses are found on the preliminary HUD provided by the title company. Some expenses reimbursed are based on the outstanding balance of your current mortgage at your displacement dwelling. Your relocation specialist can provide a list of those reimbursable items upon request. A professional home inspection is highly recommended for owner/occupant and tenants utilizing down payment assistance.

Rent Supplement

If you decide not to purchase a replacement dwelling and elect to rent instead, you may be eligible for a rent supplement payment. Your relocation specialist can discuss this with you if you are interested in this option.

In order to become eligible for a replacement housing payment, you must purchase and occupy a DSS replacement dwelling within one year and make your claim for your replacement housing payment within 18 months.

Note: Your 18-month claim period starts after either the date you move from the acquired property or the date you receive final payment, whichever is later.

Example

Maximum Price Differential Payment Computation

The agency computes the maximum payment based upon a DSS comparable replacement property selected by the agency that is currently available for you to purchase. The computation is shown as follows:

Price of Comparable Home $130,000
Acquisition Price of Your Property -120,000
Maximum Price Differential $ 10,000
Acquisition Cost $120,000 Comparable Replacement $130,000

In this example, Price Differential Payment may be any amount up to $10,000

Residential Relocation Assistance Program

Example

Actual Price Differential Payment Computation

How much of the price differential payment you receive depends on how much you actually spend to purchase a replacement home and the amount of the maximum price differential. Assuming the maximum payment is $10,000 (as shown in the example above) your actual entitlement is computed as shown in these examples:

Example A
Purchase Price of Replacement Home $130,000
Acquisition Price of Your Property -120,000
Actual Price Differential Payment $ 10,000

Example B
Purchase Price of Replacement Home $133,500
Acquisition Price of Your Property -120,000
Actual Price Differential Payment $ 10,000
You Must Pay the Additional $ 3,500

Example C
Purchase Price of Replacement Home $127,000
Acquisition Price of Your Property -120,000
Actual Price Differential Payment $  7,000

Note: Owner occupants are further limited to an amount not to exceed the price differential they would be entitled to if they were classified as owners 90 days or more.

Replacement Housing Payments for 90-Day Tenant Occupants

Rent Supplement

If you are a displaced tenant occupant of 90 days or more, you may be eligible for a rent supplement. To be eligible for a rental assistance payment, tenants and owners must be in actual and lawful occupancy for at least 90 days prior to the agency’s offer to purchase the property.

This payment was designed to enable you to rent a comparable decent, safe, and sanitary replacement dwelling for a three and one -half year period (42 months). If you choose to rent a replacement dwelling and the rental cost is higher than you have been paying, you may be eligible for rental assistance.

The amount of your total gross monthly income may also influence the amount of your rent supplement payment. Your relocation specialist will advise you further regarding this matter.

If you are paying little or no rent, your rent supplement payment will be calculated based on market rent.

Residential Relocation Assistance Program

The agency will compute the maximum payment you are eligible to receive based on the most comparable dwelling selected by the department. Th e rental assistance payment will be paid in accordance with agency policy.

In order to become eligible for a replacement housing payment, you must rent and occupy a DSS replacement dwelling within one year and you must also claim any payments within 18 months.

Note: The term “utilities” means expenses for electricity, gas, other heating and cooking fuels, water, and sewage.

Maximum Rent Supplement Computation
Monthly rent difference is $100
Maximum rent supplement equals 42 times monthly rent difference $4,200

In this example, Rent Supplement Payment may be any amount up to $4,200

Example

Actual Rent Supplement Computation
Original Rent
$600 per month (includes utilities)
Replacement Rent $675 per month (includes utilities)

In this example, th e Actual Rental Assistance Payment over 3½ years is $3,150 ($75 difference times 42 months).

Down Payment Assistance

As a 90 -day tenant occupant, you may use the full amount of your rent supplement or $7,200, whichever is greater, as a down payment allowance and to pay some incidental expenses to purchase a replacement dwelling.

Incidental expenses include the reasonabl e costs of housing inspection, a title search, recording fees, and certain other closing costs, but do not include prepaid expenses such as real estate taxes and property insurance. You may also be eligible for the reimbursement of loan origination or assumption fees, if such fees are normal to real estate transactions in your area and they do not represent prepaid interest. The combined amount of the down payment and incidental expenses cannot exceed the amount of the computed rental assistance payment.

A professional home inspection of the replacement dwelling is strongly advised prior to the purchase.

Again, in order to become eligible for a replacement housing payment, you must purchase and occupy a DSS replacement dwelling within one year and make you r claim for your replacement housing payment within 18 months.

Note: Owner occupants are further limited to an amount not to exceed the price differential they would be entitled to if they were classified as owners 90 days or more.

Residential Relocation Assistance Program

Down Payment Assistance

Owner occupants of 90 and tenants of 90 days or more may be eligib le for a down payment and incidental expenses. The Agency will determine the maximum down payment you may be eligible to receive based on its computation for a rental assistance payment. Up to the amount of rental assistance calculated or $7,200, whichever is greater.

To be eligible for the full amount of the down payment assistance payment, the entire payment must be used to purchase a DSS replacement dwelling. The payment may be utilized for a down payment toward the purchase price and/or eligible incidental expenses. Incidental expenses include the reasonable costs of title search, recording fees, and certain other closing costs but do not include prepaid expenses such as real estate taxes and property insurance. You may be eligible for the reimbursement of loan origination or loan assumption fees if such fees are normal to real estate transactions in your area and do not represent prepaid interest. The combined amount of the down payment and incidental expenses cannot exceed the amount the Agency comput ed as your maximum rental assistance payment.

Housing of Last Resort

Normally, an adequate supply of housing will be available for sale and for rent and the entitlements provided will be sufficient to enable you to relocate to comparable housing. However , there may be projects in certain locations where the supply of available housing is insufficient to provide housing for those persons being displaced.

If comparable housing is not available, or the replacement housing payment exceeds the statutory maximum of $7,200 for a 90 -day occupant or the statutory maximum of $31,000 for a 90 -day owner occupant, housing will be provided under an administrative process called Housing of Last Resort.

For those displaced persons who fail to meet the length of occupanc y requirements, additional assistance will be available through Housing of Last Resort.

Necessary housing may be provided in a number of ways, such as:

• Purchasing an existing comparable residential property and renting it to a displaced tenant. • Relocating and rehabilitating (if necessary) a displacement dwelling in order to make it available to a displaced owner.
• Purchasing, rehabilitating, and/or constructing additions to an existing dwelling to make it comparable to the displacement property.
• Purchasing land and constructing a new replacement dwelling comparable to the displacement property when comparables are not otherwise available. • Purchasing an existing dwelling, removing barriers, and/or rehabilitating the structure to accommodate a displaced person when suitable comparable replacement dwellings are not available.
• Paying in excess of the statutory maximum $7,200 or $31,000 paym ent limits to persons to provide the necessary housing or financing.

Residential Relocation Assistance Program

There is broad flexibility in implementing the Housing of Last Resort program. You have freedom of choice in the selection of replacement housing. The agency will not require any displ aced person, without the person’s written consent, to accept a replacement dwelling provided by the agency. If you decide not to accept the replacement housing offered by the agency, you may independently secure a replacement dwelling, providing it meets D SS housing standards. If you are eligible for replacement housing under the Housing of Last Resort program, you will be so informed by the relocation specialist who will explain the program.

Relocation Payments Not Considered Income

Relocation payments are not considered as income for the purpose of the Internal Revenue Code of 1986.

Right to Appeal an Agency Decision

City’s Relocation Appeals Policy and Procedures provides information regarding appeal of relocation grievances of residential and/or business occupants that may be displaced by public improvement projects of the City of San Marcos (City).

City’s Relocation Appeals Policy and Procedures will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of Cal ifornia, Department of Housing and Community Development (H&CD) Program guidelines (Cal. Code Regs. Tit. 25, §6150, et seq.), and in any federally assisted program projects City will also comply with the appeals procedures of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (49 CFR 24.10 (b)).

Agency Title VI Notice to Public

The agency hereby gives notice that it is the policy of the agency to ensure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Righ ts Restoration Act of 1987, and related statutes and regulations in all programs and activities. Title VI requires that no person in the United States of America shall, on the grounds of race, color, sex, national origin, disability, age, or religion, be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the agency receives federal financial assistance.

Any person who believes they have been aggrieved by an unlawful discriminatory practice under Title VI has the right to file a formal complaint with the agency. Any such complaint must be in writing and filed with the agency Title VI Specialist within one hundred eighty (180) days following the date of the alleged discriminatory occurrence. Title VI Discrimination Complaint Forms may be obtained from this office at no cost to the complainant by calling 360-705-7083.

Exhibit ”B”
Relocation Appeals Policy and Procedures

RELOCATION APPEALS POLICY

AND PROCEDURES

City of San Marcos

The purpose of this Relocation Appeals Policy and Procedures is to provide information regarding appeal of relocation grievances of residential and/or business occupants that may be displaced by public improvement projects of the City of San Marcos (City).

The City’s Relocation Appeals Policy and Procedures will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development (H&CD) Prog ram guidelines (Cal. Code Regs. Tit. 25, §6150, et seq.), and in any federally assisted program projects City will also comply with the appeals procedures of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (49 CFR 24.10 (b)).1

1 Federal Law: The federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) is codified at Title 42, United States Code, section 4600 et seq. This law requires that the federal government provide relocation advice and payments when it acquires real property under its power of eminent domain. In July 1, 1972, the federal law became binding on the states. Federal laws pertaining specifically to relocation payments and services are codified at Title 42, United States Code, section 6080 et seq. Regulations regarding relocation payments and services are codified at Title 49 of the Code of Federal Regulations, section 24 et seq.

State Law: Following enactment of the URA, in 1971 California’s legislature enacted the California Relocation Assistance Act with the intent to ‘implement the 1970 federal enactment and to extend comparable benefits statewide and payable by the state and its political subdivisions, to persons displaced by the acquisition of land under the eminent domain law after July 1, 1972. The California Relocation Assistance Act is in the California Government Code; sections 7260 et seq. govern relocation payments and assistance, and the standards are further described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development (H&CD) Program guidelines (Cal. Code Regs. Tit. 25, §6150, et seq.) . The California Relocation Assi stance Act provides relocation assistance to persons if they are “displaced” by public projects. Persons are “displaced” if agency action requires them to move from all or part of their property. California law allows a displaced person certain compensation for a forced relocation, including relocation assistance and reimbursement of moving costs.

City of San Marcos – Relocation Appeals Policy and Procedures

Briefly stated, displacees will have the right to request administrative review when there is a perceived grievance regarding any of their rights to relocation and relocation assistance, as to:

1. eligibility;

2. the amount of payment;

3. the failure to provide comparable permanent replacement housing referrals or adequate temporary replacement housing; or,

4. the City’s property management practices.

Requests for review will be directed first to:

City of San Marcos
Attn: Development Services Director
1 Civic Center Drive
San Marcos, CA 92069

Pursuant to California Code of Regulations Section 6156(d), a complainant shall have 18 months from the time s/he moves from the property to file a request for an informal settlement of a grievance or a formal grievance hearing under City’s Relocation Appeals Policy and Procedures. (Cal. Code Regs. Tit. 25, § 6156 (d).)

APPEALS / GRIEVANCE PROCEDURES

Purpose. (Cal. Code Regs. Tit. 25, § 6150)

The purpose of this Relocation Appeals Policy and Procedures is to set forth the City of San Marcos ("City") policy guidelines and procedures for processing appeals from determinations as to eligibility, the amount of a relocation payment, the failure to provide comparable permanent replacement housing referrals or adequate temporary replacement housing, or the City’s property management practices.

Right of Review. (Cal. Code Regs. Tit. 25, § 6152)

(a) Any complainant, that is any person who believes himself/herself aggrieved by a determination by City as to eligibilit y, the amount of a relocation payment, the failure to provide comparable permanent replacement housing referrals or adequate temporary replacement housing, or the City’s property management practices, may, at his or her election, have his/her claim reviewe d and reconsidered by City in accordance with the procedures set forth herein, as supplemented by the procedures City may establish for the conduct of hearings.

(b) A person or organization directly affected by the relocation project may petition the California Housing and Community Development Department (“HCD”) to review City's final relocation plan to determine if the plan is in compliance with state laws and guidelines, or to review the implementation of the relocation plan to determine if City is act ing in compliance with its relocation plan.

City of San Marcos – Relocation Appeals Policy and Procedures

Notification to Complainant. (Cal. Code Regs. Tit. 25, § 6154)

If City denies or refuses to consider a claim, City’s notification to the complainant of its determination shall inform the complainant of its re asons, and the applicable procedures for obtaining review of the decision. If necessary, such notification shall be printed in a language other than English.

Stages of Review by City. (Cal. Code Regs. Tit. 25, § 6156)

(a) Request for Further Written Information. A complainant may request City to provide him or her with a full written explanation of its determination and the basis therefore, if he/she feels that the explanation of City's determination accompanying the payment of the claim or notice of the City’s determination was incorrect or inadequate. City shall provide such an explanation to the complainant within three weeks of its receipt of his or her request.

(b) Informal Oral Presentation. A complainant may request an informal oral presentation before seeking formal review and reconsideration. A request for an informal oral presentation shall be filed with City within the period described in subsection (d) of this section. City shall afford the complainant the opportunity to make such presentatio n before Development Services Director or a management-level staff person designated by the Development Services Director, and who has not previously participated in the relocation decision. The complainant may be represented by an attorney or other person of his/her choosing at his/her expense. This oral presentation shall enable the complainant to discuss the claim with the Development Services Director or designated staff person. The Development Services Director or designated staff person shall make a s ummary of the matters discussed in the oral presentation to be included as part of City's file on the complainant’s relocation. The right to formal review and reconsideration shall not be conditioned upon requesting an oral presentation.

(c) Written Request for Review and Reconsideration. At any time within the period described in subsection (d) below, a complainant may file a written request with City for formal review and reconsideration. The complainant may include in the request for review any stateme nt of fact within the complainant’s knowledge or belief or other material that may have a bearing on the appeal. If the complainant requests more time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis therefore, City may grant the complainant’s request by granting the complainant a definite period of time to gather and prepare materials.

(d) Time Limit for Requesting Review. A complainant desiring either an informal oral presentation or seeking forma l review and reconsideration, shall make a request to City within eighteen (18) months following the date he/she moves from the property.

City of San Marcos – Relocation Appeals Policy and Procedures

Formal Review and Reconsideration by City. (Cal. Code Regs. Tit. 25, § 6158)

(a) General. City shall consider the request for formal review and shall decide whether a modification of its initial determination is necessary. This formal review shall be conducted by the Relocation Appeals Board (the “Board”), consisting of a 3 -person panel appointed by the City Mayor. T he Board shall consider the complaint regardless of form, and City staff shall, if necessary, provide assistance to the claimant in preparing the written claim. When a claimant seeks review, the Board staff shall provide a copy of City’s Relocation Appeals Policy and Procedures to inform him/her that, among other rights provided herein, he/she has the right to be represented by an attorney at the claimant’s expense, to present his/her case by oral or documentary evidence, to submit rebuttal evidence, to con duct such cross-examination as may be required for a full and true disclosure of facts, and to seek judicial review once he/she has exhausted the administrative appeal.

(b) Scope of Review. The Board shall review and reconsider the initial determination of the claimant’s case in light of: (1) all material upon which City based its original determination, including all applicable rules and regulations, except that no evidence shall be relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross-examine the witness(es); (2) the reasons given by the claimant for requesting review and reconsideration of the claim; (3) any additional written or relevant documentary material submitted by the claimant; (4) any further information which the Board, in its discretion, obtains by request, investigation, or research, to ensure fair and full review of the claim.

(c) Determination on Review by Board. The determination on review by the Board shall include but is not limited to: (1) the Board’s decision on reconsideration of the claim; (2) the factual and legal basis upon which the decision rests, including any pertinent explanation or rationale; and (3) a statement to the claimant that administrative remedies have been exhaus ted and judicial review may be sought. The determination shall be in writing with a copy provided to the claimant. The Board’s decision shall be binding on City.

(d) Time Limits. City shall issue its determination on review as soon as possible but no later than six weeks from the date of the hearing. In the case of complaints dismissed for un -timeliness or for any other reason not based on the merits of the claim, City shall furnish a written statement to the claimant stating the reason for the dismissal of the claim as soon as possible but not later than two weeks from receipt of the last material submitted by the claimant, or the date of the hearing, whichever is later.

Refusals to Waive Time Limitation. (Cal. Code Regs. Tit. 25, § 6160)

Whenever City rejects a request by a claimant for a waiver of the time limits, the claimant may file a written request for reconsideration of this decision, except that such written request for reconsideration shall be filed within 90 calendar days of the claimant’s r eceipt of City’s determination.

City of San Marcos – Relocation Appeals Policy and Procedures

Extension of Time Limits. (Cal. Code Regs. Tit. 25, § 6162)

The time limits specified may be extended for good cause by City.

Recommendations by Third Party. (Cal. Code Regs. Tit. 25, § 6164)

Upon agreement between the claimant and City, a mutually acceptable third party or parties may review the claim and make advisory recommendations thereon to City for its final determination.

In reviewing the claim and making recommendations to City, the third party or parties sha ll be guided by the provisions of the City’s Relocation Appeals Policy and Procedures.

Review of Files by Claimant. (Cal. Code Regs. Tit. 25, § 6166)

Except to the extent the confidentiality of material is protected by law or its disclosure is prohibited by law, City shall permit the claimant to inspect all files and records bearing upon his or her claim or the prosecution of the claimant’s grievance appeal. If a claimant is improperly denied access to any relevant material bearing on his or her claim, such material may not be relied upon in reviewing the initial determination.

Effect of Determination on Other Persons. (Cal. Code Regs. Tit. 25, § 6168)

The principles established in all determi nations by City shall be considered as precedent for all eligible persons in similar situations regardless of whether or not a person has filed a written request for review. All written determinations shall be kept on file and available for public review.

Right to Counsel. (Cal. Code Regs. Tit. 25, § 6170)

Any aggrieved party has a right to representation by legal or other counsel at his or her expense at any and all stages of the proceedings set forth in this procedure.

Stay of Displacement Pending Review. (Cal. Code Regs. Tit. 25, § 6172)

If a complainant seeks to prevent displacement, City shall not require the complainant to move until at least 20 calendar days after City has made a determination and the complainant has had an opportunity to seek j udicial review. In all cases City shall notify the complainant in writing 20 calendar days prior to the proposed new date of displacement.

Joint Complainants. (Cal. Code Regs. Tit. 25, § 6174)

Where more than one person is aggrieved by the failure of Ci ty to refer them to comparable permanent replacement housing, the complainants may join in filing a single written request for review. A determination shall be made by City for each of the complainants.

City of San Marcos – Relocation Appeals Policy and Procedures

Judicial Review. (Cal. Code Regs. Tit. 25, § 6176)

Nothing in this Relocation Appeals Policy and Procedures shall in any way preclude or limit a claimant or City from seeking judicial review of a claim upon exhaustion of such administrative remedies as are available herein.

[End]

EXHIBIT D: Public Comments and Response

From: Cris Carrillo <[email protected]>
Sent: Wednesday, September 21, 2022 1:22 AM
To: DS Engineering Division <[email protected]> Subject: Relocation Plan

To whom it may concern,

I am one of the tenants who lives on 134 E Barham Drive and will be affected by the relocation plan. Below are my comments and requests pertaining to the plan:
# Comment/ Question City Response
CC-1 I was not questioned about my relocation needs as a tenant, how do I provide that information?
The relocation advisor will meet in person with each displacee.

At the time that the Notice of Eligibility is presented to the displacee, the relocation advisor will collect information about replacement housing needs. Information regarding replacement housing needs will be gathered from all residential households anticipated to be displaced by the Project.

CC-2 For students, will we be able to be relocated into housing in the same distance from the school to place of living, such as Block C, CSUSM dorms or other close rental
options within walking distance of the school?
The relocation advisor will consider individual preferences, including proximity to the school, as a part of the relocation process.

CC-3 Some of us have limited budgets and are limited on how much we can spend for monthly rent. What if our monthly rent for our new place of relocation is more than we pay now?
Each displacee will receive payment for 42 months for the difference between the rent and utilities at the displacement dwelling (average monthly cost over a reasonable period prior to displacement as determined by the City) and the rent at the replacement site (monthly cost as determined by a Replacement Housing Valuation). For households which paid little or no rent, fair market rent at the displacement dwelling will be used to calculate the payment due.

CC-4 If we need temporary relocation, how will that work? The need for temporary housing as a result of Project acquisition or relocation requirements is not anticipated. However, should such a need arise, The City will respond appropriately and in conformance with all applicable laws and requirements.

CC-5 If the new housing option is not close to our place of employment/school, will we be compensated for
transportation (gas, school parking pass, etc.)? If we do not own a vehicle, what will be the compromise?
Every effort will be made to find replacement housing within approximately the same distance. Individual housing
preferences will be taken into account.

CC-6 Will we be compensated for moving expenses? Yes.

CC-7 What if we do not agree with the “…three referrals to comparable, decent, safe and
sanitary replacement housing” (page 9)? Will there be
more options given to us?
The relocation advisor can provide additional referrals if needed.

Each displacee may choose their own replacement housing and will not be limited to the referrals provided by the relocation advisor.

CC-8 For the “Fixed Payment (Room Count Schedule Method),” why is there a smaller compensation for furnished
dwelling than unfurnished dwelling?
Lesser compensation is offered for furnished versus unfurnished dwellings because moving costs are lower- the furnished unit is already furnished so it doesn’t require any furniture to be moved.

CC-9 Can the “Computation of Rental Assistance” be explained? What if the relocation has a monthly rent more than what we currently pay?
The Computation of Rental Assistance will be explained in detail during the first meeting between the displacee and the
relocation consultant. Please also see above response to CC-3.

CC-10 We currently have access to a refrigerator, washer and dryer. Will we be compensated and receive this same
benefit during relocation?
Although no compensation or additional benefit is offered to displacees for appliances, each displacee can seek a replacement site that provides such appliances.

CC-11 When will we be required to vacate the property? Is there a set time and date, or is it until we are offered a new place of living?
No specific date for relocation has been established. The City will provide 90-Day Notices to Vacate when a date is established.

CC-12 How will we be reimbursed for moving costs if we choose to move ourselves? Do we keep track of all costs it
requires to move out? Who do we submit this
documentation of fees to?
Self-moves will be compensated based on the number of rooms in the displacement dwelling. The current schedule for fixed moving payments is on page 10 of the Relocation Plan.

CC-13 What if we do not earn any income? Some of us are student-athletes relying on financial aid and school
resources next to our place of living.

Relocation assistance is calculated in the manner explained in response CC-3 above. For households that paid little or no rent, fair market rent will be used as a substitute for actual rent; Please let me know if I need to clarify anything. Thank you for your time and consideration and have a great day.

Respectfully,
Cristopher Carrillo
[email protected]
(760) 556-5199
From: Cris Carrillo <[email protected]>
Sent: Wednesday, September 21, 2022 6:19 PM
To: DS Engineering Division <[email protected]> Subject: Relocation Plan

CC-14 For the rental assistance, it is for 42 months and $4,200, but would we be eligible to receive the $4,200 within 18- 24 months?
Each displacee will receive payment for 42 months for the difference between the rent and utilities at the displacement dwelling (average monthly cost over a reasonable period prior to displacement as determined by the City) and the rent at the replacement site (monthly cost as determined by a Replacement Housing Valuation). The figures of the Department of Housing and Community Development are used to determine
qualification of rental assistance. For households which paid little or no rent, fair market rent at the displacement dwelling will be used to calculate the payment due.

Comment GHS-1

Comment GHS-2

Comment GHS-3

Comment GHS-4

# Comment/ Question City Response
GHS-1 We ask the City to define (in their report) how long they will support each current resident in their new home.

Each displacee will receive payment for 42 months
for the difference between the rent and utilities at
the displacement dwelling (average monthly cost
over a reasonable period prior to displacement as
determined by the City) and the rent at the
replacement site (monthly cost as determined by a
Replacement Housing Valuation).

GHS-2 We encourage a year minimum lease from displacement date, longer if the resident works or attends a local school.

Each displacee will receive payment for 42 months
for the difference between the rent and utilities at
the displacement dwelling (average monthly cost
over a reasonable period prior to displacement as
determined by the City) and the rent at the
replacement site (monthly cost as determined by a
Replacement Housing Valuation).

GHS-3 Residents are anchored to nearby places of business, school, and recreational facilities. Please try to accommodate their lifestyle.

The relocation advisor will consider individual
preferences, including proximity to the work,
school, and recreational facilities, as a part of the
relocation process.

GHS-4 Median Income for San Marcos stated on sheet 5, however the exhibits used at the end of the Report provide a schedule for San Diego County.

What schedule will be used for the residents in this situation? The figures of the Department of Housing and
Community Development are used to determine
qualification of rental assistance.