HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 10/15/2009AGENDA
ECONOMIC
DEVELOPMENT MANAGER
SHARON PAISLEY
JOINT REGULAR MEETING
OF THE SAN JACINTO CITY COUNCIL
AND THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN JACINTO
October;15, 2449 7:00 p:m:
2045 South San Jacinto Avenue
San Jacinto Unified School District Board Room, San Jacinto, CA 92583
ORGANIZATION
1.1 Call to Order
1.2 Roll Call
1.4
1.5
nvocation
Pledge of Allegiance
Special Presentations
1.5.1 Business Spotlight of the Month / San Jacinto Valley. Academy / Penny
Harrison Accepting
1.5.2 Certificate of Appreciation to John Reyes Hurley Gonzales and Miguel
De Jesus G. Rangel Jr
PUBLIC COMMENTS:
Now is the time for the public to address the Council on any subject within the jurisdiction of the City
Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person
desiring to address the City Council.
JOINT CONSENT CALENDARS (SECTIONS 3A AND 3B)
The matters listed under Consent Calendars are considered routine and will be enacted by one motion
by City Council Members in the form listed. There will be no separate discussion on these items prior,
to the motion unless members of the City Council, staff or the public requests a specified item be
removed and/or discussed. if an item is pulled, it will be heard at the end of number "5.;Staff Reports.'
3A CONSENT CALENDAR — CITY COUNCIL
3A.1 Waive Reading of all Ordinance introductions and Read by Title Only /
Approve / City Clerk
3A.2 Continuation of the Proclamation of the Local State of Emergency due to The
Severe High and Damaging winds / Approve the continuation of the
proclamation of the Local State of Emergency / City Attorney
City Council Agenda
October 15, 2009
Paae2of4
3A.3 October 1, 2009 Minutes — Regular Meeting / Approve / City Clerk
3A.4 October 1, 2009 Minutes - Joint City Council and. Planning Commission
Meeting / Approve / City Clerk
3A.5 Warrants and Disbursements for September 2009 / Receive and Fife / Interim
Finance Director
3A.6 Resolution No. / Resolution Designating Signers with Access to Safe
Deposit. Box at Bank of Hemet / Approve and Adopt / Interim Finance
Manager
3A.7 Speed Hump Installation on Solana Street and Grassy Meadow Drive /
Approve / City Engineer
3A:8 Approval of consultant contract with Inland Foundation Engineering for
Sanderson Avenue Widening on -call geotechnical services / Approve / City
Engineer
3B CONSENT CALENDAR— REDEVELOPMENT AGENCY
3B,1 RDA report Filings for the Tax Year 2009-2010 — Annual Statements of
indebtedness and AB 1389 Report / Receive and File / Interim Finance f
Director
PUBLIC HEARING
STAFF REPORTS-
At the end of the scheduled City Department items, anyone wishing to discuss a consent calendar item
should come forward upon invitation of the Mayorstate their name, address, and the consent calendar
item number pulled. Speakers should limit comments to three (3) minutes,
5.1 Presentation on the H1 N1 Virus by Riverside County Department of Public
Health / Presentation /
Calendar Dates for City Council and Redevelopment Agency Meetings during
November and December /Approve / City Clerk
5.3 RDA / Consideration of approval of proposed Preliminary Report, Draft Owner
Participation Rules and Draft Method of. Relocation for the proposed Amended
and Restated Redevelopment Plan for the Merged - San Jacinto
Redevelopment Project Area / Continued from. October 1, 2009 / Approve /
Assistant City Manager
City Council Agenda
October 15, 2009
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5.4 Paymentus Service Agreement for Credit Card, Debit Card and Electronic
Check Payment Acceptance / Approve / Interim Finance Director
MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS
6.1 Sub -Committee and/or Agency Agendas / Receive and File 1 City Clerk
CLOSED SESSION
7.1 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (a) Section 54956.9)
Name of Case: City of San Jacinto v. Acting Pacific Regional Director, Bureau
of Indian Affairs (Docket No. IBIA 08-122-A)
7.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
1155 South State Street, San Jacinto
Negotiation Parties: Tim Hults, Assistant City Manager and/or Barry McClellan,
RDA Executive Director (for the RDA), and James Antoyan (for property
owner(s))
Under negotiation: Price and terms of payment
7.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
1881 S. Santa Fe Avenue, San Jacinto
Negotiation Parties: Tim Hults, Assistant City Manager and/or Barry McClellan,
RDA Executive Director (for the RDA), and Bruce Maize (for property
owner(s))
Under Negotiation: Price and Terms
7.4 CONFERENCE WITH`LEGAL COUNSEL -ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: (one (1
or more potential cases).
ADJOURNMENT
If you challenge any action of the City Council in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence delivered to
the City Council (c%o the City Clerk) at, or prior to, the public hearing.
CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use
made by the City Council as a result of a proceeding in which by law a hearing is required to be given, shall
be required to commence that action 90 days following the date on which the decision of the City Council
becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure
Section 1094.6 to determine how to calculate when a decision becomes final.
It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all
respects. " If, as an attendee or a participant at this meeting or in meetings on a regular basis, you will need
special assistance beyond what is normally provided, the City will attempt to accommodate you in every
City Council Agenda
October 15;.2009
Page 4 of 4
reasonable manner. Please contact City Hall at (951) 537-6358, et least 48 hours prior to the meeting to
. inform us of your particular needs and to determine if accommodation is feasible.
DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB 343) -- Any public record,
relating to an open session agenda item, that is distributed within 72 hours prior to the
meeting is available for public inspection at the public counter located in the Administration
Building of City Hall, 595 S San Jacinto Avenue, San Jacinto, California, 92583.
I,. *chard Deputy, City Clerkof the City ofSan Jacinto', do here
foregoing agenda this 8t4 day of October, 2009, as required 6y Giw.,
AGENDA ITEM 314‘•
October 15, 2009
TO: The Honorable Mayor and Members of the City Council
FROM: City Attorney and City Clerk
SUBJECT: Waiver of Full Reading of Ordinance(s), and Reading by Title Only
RECOMMENDATION:
Staff recommends that the City Council, by motion, waive the full reading of any
and all ordinances on this meeting's agenda, and authorize their reading by title
only.
BACKGROUND:
Government Code Section 36934 requires that all ordinances shall be read in full
either at the time of their introduction or their passage. However, Government
Code Section 36934 allows the waiver of this requirement by regular motion
adopted by majority vote if the title of the ordinance is read.
This waiver can be accomplished at the time of each ordinance action, or as a
standing waiver, accomplished as a consent calendar motion. In order to
stream -line the process for the passage of ordinances, the City Attorney and staff
propose the second option, which is the waiver of any and all ordinances on this
agenda.
ALTERNATIVES:
Approval: Approve the addition of the attached language to all future agendas of
the City Council, thus waiving the full reading of all future ordinances.
Denial: Do not approve the agenda language and, instead, before the passage
of any ordinance and after the reading of its title, make a motion that must be
adopted by majority vote that allows a waiver of the full reading.
FISCAL IMPACT:
None
Page 1 of 1
AGENDA ITEM 3A 2-
October 15, 2009
TO: The Honorable Mayor and Members of the City Council
FROM: City Attorney
SUBJECT: Continuance of the Proclamation of the Local State of Emergency due to
the Severe High and Damaging Winds
RECOMMENDATION:
Staff recommends that the City Council, by motion, approve the continuance of the
Proclamation of the Local State of Emergency due to the Severe High and Damaging
Winds.
DISCUSSION:
On October 26, 2007, the City Council approved Resolution No. 3117 proclaiming and
ratifying the existence of a local emergency, as issued by the Director of Emergency
Services/City Manager and resulting from the extreme high and damaging winds that began
on or about 12:00 a.m. (midnight) on October 21, 2007. Government Code section 8630
requires the City Council to review, at its regularly scheduled meetings until the local
emergency is terminated, the need for continuing the local emergency.
ALTERNATIVES:
1) Consent to the continuance of the Proclamation of the Local State of Emergency
(Staff Recommendation).
2) Do Not Consent to the continuance.
FISCAL IMPACT:
The City's ability to obtain or continue to receive federal, state or regional
disaster/emergency relief funding may be impacted if the City Council does not Consent
to continue the proclamation of the local state of emergency. Substantial budgetary
impacts are apparent for recovery efforts to include substantial employee overtime
salaries; purchases of materials, supplies and equipment; use of private contractors/force
labor; and other repairs to city right-of-way facilities (Preliminary estimates range from
thirty five to fifty thousand dollars). Budgetary assistance and reimbursement is available
from Federal Emergency Management Agency (F.E.M.A.) for related costs for limited
recovery efforts to critical infrastructure including: electrical, power, telecommunications,
water supply, public safety, and transportation.
ATTACHMENT:
• Resolution No. 3117
Page 1 of 1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
RESOLUTION NO. 3117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO CONFIRMING THE CITY
MANAGER/DIRECTOR OF EMERGENCY SERVICES'
PROCLAMATION OF EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, section 2.36.060(A)(1) of the San Jacinto Municipal Code
empowers the Director of Emergency Services/City Manager to proclaim a local
emergency if the City Council is not in session and requires that the City Council shall
take action to ratify the proclamation within seven days thereafter; and
WHEREAS, conditions of extreme peril to the safety of persons and property
have arisen within the City of San Jacinto, as a result of due to severely high and
damaging winds commencing on or about 12:00 a.m. (midnight) on the 21st day of
October, 2007, at which time the City Council of the City of San Jacinto was not in
session; and
WHEREAS, the City Council does hereby find that the above described
conditions of extreme peril did warrant and necessitate the proclamation of the
existence of a local emergency in the vicinity of San Jacinto; and
WHEREAS, the City Manager acting as the Director of Emergency Services
did proclaim the existence of a local emergency within the City on the 22nd day of
October, 2007.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Jacinto that the Proclamation of Existence of a Local Emergency, as issued by
the Director of Emergency Services/City Manager, is hereby ratified and confirmed.
BE IT FURTHER RESOLVED that the local emergency shall be deemed to
continue to exist until its termination is proclaimed by the City Council of the City of
San Jacinto, and that until such time, the City Council shall review, at each of its
regularly scheduled meetings until the local emergency is terminated, the need for
continuing the local emergency.
BE IT FURTHER RESOLVED that City staff is hereby authorized and directed
to take any action that may be necessary or convenient to assist in obtaining federal,
state or regional disaster/ emergency relief funding.
Page 1 of 2
APPROVED, PASSED, and ADOPTED by the City Council of the City of San
Jacinto at a special meeting of said Council held on the 26th day of October 2007, by
the following vote:
Ayes Ayres, Mansperger, Stubblefield
Nays None
Absent Carlson, Ritchie
Abstain None
ATTEST:
D rothy Cho inard, City Clerk
Page 2 of 2
City of San Jacinto
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
Cf&llingery Attorney
AGENDA 3A.3
MINUTES
REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL
AND REDEVELOPMENT AGENCY
October 1, 2009, 7:00 p.m.
2045 South San Jacinto Avenue
San Jacinto Unified School District Board Room, San Jacinto, CA 92583
1. ORGANIZATION
1.1 CaII to Order
Vice Mayor John Mansperger called the regular meeting of the San Jacinto
City Council and Redevelopment Agency to order at 7:05 p.m.
1.2 RoII Call
Present: Jim Ayres, Steve Di Memmo, John Mansperger, Jim Potts
Absent: Dale Stubblefield
1.3 Invocation
Associate pastor Pete Stevens Jr., of The Shepards House, gave the
invocation.
1.4 Pledge of Allegiance
Public Works Director Mike Emberton led the Pledge of Allegiance.
1.5 Special Presentations
1.5.1 Certificate of Recognition to City Employees Ben Haskell and
Kenny Rodger
Vice Mayor John Mansperger and Public Works Director Mike
Emberton met at the podium and asked city employees Ben Haskell
and Kenny Rodger to join them. Public Works Director Emberton
said that while in route to a park job the two were first to arrive on
the scene of a roll-over accident. Showing initiative Mr. Haskell and
Mr. Rodger attended to the injured driver and handled traffic control
until emergency personnel could arrive.
Vice Mayor Mansperger read the certificate and presented them to
Mr. Haskell and Mr. Rodger.
City Council Minutes
October 1, 2009
Page 2 of 12
1.5.2 Certificate of Recognition to City Employee Sean Vance and a
civilian Mike Thiben
Public Works Director Emberton asked city employee Sean Vance
to join he and. Vice Mayor Mansperger at the podium. Mike Thiben
was not in attendance. Public Works Director said that on the
evening of September 5, 2009 while Mr. Vance and Mr, Thiben were
traveling down Esplanade Avenue near Rancho Park they observed
a group of youths who were taking boulders out of the median and
putting them in the street. Mr. Vance and Mr. Thiben proceeded to
replace the boulders, therefore preventing a potential accident.
Vice Mayor Mansperger read the certificate and presented it to Mr.
Vance,
2. PUBLIC COMMENTS:
2.0 Public Comments
None
3. JOINT CONSENT CALENDAR
3A CONSENT CALENDAR — CITY COUNCIL
3A.1 Waive Reading of all Ordinance Introductions and Read by Title Only /
Approve / City Clerk
3A.2 Continuation of the Proclamation of the Local State of Emergency due to
The Severe High and Damaging winds 1 Approve the continuation of the
proclamation of the Local State of Emergency / City Attorney
3A.3 September 3, 2009 Minutes — Regular Meeting / Approve / City Clerk
3A.4 September 17, 2009 Minutes — Regular Meeting / Approve / City Clerk
3A.5 Treasurers Report for June 30, 2009 / Receive and File / City Treasurer
3A.6 Request for Approval of Change to 38-Hour Work Week / Approve / City
Manager
3A.7 Friends of Valley -Wide Foundation Autumn Elegance Banner —17th
annual Friends of Valley -Wide Foundation Autumn Elegance Fundraiser /
Approve / Planning Director
3A.8 Night closure of Esplanade Ave at Santa Fe St. in conjunction with EMWD
waterline replacement project / Approve / City Engineer
City Council Minutes
October 1, 2009
Page 3 of 12
3A.9 The second reading of Ordinance No. 09-20 to repeal and replace Sections
15.20.010 and 15.20.020 of Chapter 15.20 of the San Jacinto Municipal
Code, relating to the Abandonment of Model Home Complexes / Approve /
Assistant City Manager
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN JACINTO, CALIFORNIA,
REPEALING SECTIONS 15.20.010 AND
15.20.020 OF THE SAN JACINTO MUNICIPAL
CODE RELATING TO THE ABANDONMENT OF
MODEL HOME COMPLEXES AND ADOPTING
NEW SECTIONS 15.20.010 AND 15.20.020
3B CONSENT CALENDAR — REDEVELOPMENT AGENCY
None
M/S/C (Ayres/Di Memmo) moved to approve the consent calendar for both
City Council and Redevelopment Agency as presented. Motion Carried
4-0.
Ayes: Ayres, Di Memmo, Mansperger, Potts
Nays: None
Absent: Stubblefield
Abstain: None
4. PUBLIC HEARING
4.1 Ordinance No. 09-21 / amending Ordinance No's. 04-10 and 05-12
excluding cellular phone towers from annexing into CFD 2003-1 /
Approve Introduction and First Reading / Assistant City Manager
AN ORDINANCE OF THE CITY OF SAN
JACINTO, CALIFORNIA AMENDING
ORDINANCE NO. 04-10 AND ORDINANCE NO.
05-12 EXCLUDING CELLULAR PHONE
TOWERS FROM ANNEXING INTO CFD 2003-1
Assistant City Manager Tim Hults presented the staff report. He said that
staff is seeking to exclude cellular sites from the annexation into the CFD.
Because in most cases they are land leases and they occupy a small
portion of the property making it difficult to annex into the district. He
added that the entire parcel is forced to annex into the district. The
property owners would have to annex into the district and pay the special
district taxes. There is no floor area in most cases associated with these
facilities so staff is asking that the council authorize them to be exempt
from annexation into the district.
City Council Minutes
October 1, 2009
Page 4 of 12
Vice Mayor Mansperger opened public hearing at 7:15 p.m.
There being no one who wished to speak on item 4.1 Vice Mayor
Mansperger closed public hearing at: 7:15 p.m.
Council Member Ayres asked City Attorney Jeff Ballinger when the cell
sites were included in the CFD was the city looking for sources of revenue
for new construction that would primarily benefit from the construction of
the Levee.
City Attorney Ballinger responded that this CFD is for Police & Fire
services, and maintenance. If the new development brings the need for
police services should pay their own way. Those are primarily single family
residences. These cell towers do not fit those models.
Council Member Ayres said that not knowing how many more will be built
in the future, the city would potentially lose revenue that is needed for
Public Safety CFD.
City Attorney Ballinger responded that the city would be forgoing the taxes.
Council Member Ayres asked if there could be a way that the property
owner would not have to annex in the entire property, only the portion that
is being leased for the cell site. He said that he does not understand why
this was brought forward; this was set in stone some time ago where
everyone that benefited from the CFD should pay for the CFD.
Vice Mayor Mansperger said that he agreed with Council Member Ayres
that the towers should not be exempt. He asked City Attorney Ballinger if
there was a way that just the portion where the cell site is could be
annexed.
City Attorney Ballinger responded that because it is collected on the tax roll
the entire portion would be required to be annexed.
Vice Mayor Mansperger asked if there was another way to collect some
type of fee.
City Attorney Ballinger said that it could be looked at from a CEQA
perspective.
Council Member Potts asked how much it costs for new construction to
annex into the district.
Special District Administrator Sandy McKay said that it would cost $11,500
to annex into the district and the annual fee is less that $1 per square foot
of the footprint that the cell tower sits on.
City Council Minutes
October 1, 2009
Page 5 of 12
Council Member Potts said that seemed like a minimal amount per year.
City Attorney Ballinger asked if Ms McKay was referring to the entire
project site where the equipment building is or just the tower site itself.
Ms McKay responded that it was for the entire project site within the fenced
in area. She said that it was a hard call to ask for this to be excluded from
the annexation because it is revenue.
Council Member Potts asked it the City has to monitor and collect for this.
Ms McKay responded, yes the city does monitor it and it is collected
through the tax roll. She said that the property owner is the one who would
grant approval. This means that the owner would be responsible for the
annexation annual fees and the cellular owner for their fees. This is a
forever fee that does not go away.
Council Member Di Memmo said that he agreed with Council Member
Ayres that people that lease the land make money and the people that own
the cell towers make money so the City should collect on this as well. He
said that the CFD should be kept the way it is.
Council Member Ayres said he would hope for a compromise, to keep it the
way it is but have staff go back and look at it for sixty days to see if there is
some way to keep the fee in place for the city but not affect the entire
property. He said his recommendation would be if it could not be done in
sixty days to leave it the way it is.
Council Member Potts asked if this had been done by other municipalities
in the area, or would this be breaking new ground, and can the city legally
go against the cellular company or would this create problems with the
Public Utilities Commission.
City Attorney Ballinger said that if an exception was made it would be
breaking new ground. He also said that there are Federal or State laws
that would preempt the city to make any exemption.
Council Member Ayres said that Council Member Potts was correct that
when the growth started the CFD was put in place to get the City through
lean times. Those decisions have paid off for the city. A lot of research
and hard work went into those decisions. This is not a blanket CFD; it is
just for new development. The downtown core is not taxed. He added that
there are more cell towers coming forward. He would like to have legal
council to look at this for other options.
City Council Minutes
October 1, 2009
Page 6 of 12
M/S/C (Ayres/Di Memmo) to continue Item 4.1 for sixty days and return with
possible alternative options. Motion carried 4-0.
Ayes: Ayres, Di Memmo, Mansperger, Potts
Nays: None
Absent: Stubblefield
Abstain: None
5. STAFF REPORTS
5.1 Presentation of Youth and Juvenile Delinquency Court Programs /
Presentation / Chief of Police
Chief Bill Tyler presented the staff report. He said he was excited to
introduce the Youth and Juvenile Delinquency Court Program and thanked
the Youth Court and Truancy team. He said that the mission is to address
juvenile delinquency and provide educational and diversion programs for
these at risk teens. Chief Tyler said that 71 % of all juvenile crime are
committed during school hours. He said finding a way to keep the kids in
school and off the streets is important and that these programs will help
accomplish these goals. Chief Tyler said that San Jacinto is the first city in
Riverside County to introduce this program. He added that this program
will be administered with on duty staff and volunteers and that it would not
cost the City, County or Citizens any additional funds to run the programs.
This will be a collaborated effort with San Jacinto Police Department, San
Jacinto Unified School District, Riverside County Sheriff's Department,
Riverside County Office of Education, Riverside Superior Court, The
District Attorney's Office, and the San Jacinto City Council. Chief Tyler
introduced the Youth and Juvenile Delinquency Court Program team; Sgt.
Dave Harr, Deputy District Attorney Raquel Marquez; and Riverside
County Sheriffs Deputy Larry Searls, and asked Deputy Searls to come
forward.
Deputy Searls thanked the council for the opportunity to share these new
programs with them. He presented the 1st portion of a power point
program and said that the Youth Court was developed to help youths not to
punish or demean them. There has been very positive feedback from
other cities in the area. When young men and women commit low level
crimes they are held accountable by a jury of their peers, they are
defended and prosecuted by their peers. He said that there has been
great success where their peers are involved. This is an early intervention
program and creates a better relationship between the minors and law
enforcement. Deputy Searls said that he attended a training group in
Riverside and two young ladies spoke that started in the Youth Court
program as participants. They went through the process and one of them
right now is the lead prosecutor in the program right now, the other is one
of the lead defenders. They are both getting prepared to go off to college
and will probably get into law enforcement. These are all non violent cases
City Council Minutes
October 1, 2009
Page 7 of 12
and they must admit to their charge and voluntarily go into this with their
parents. The parents are a key piece in the program for support. The
eligibility for this program are kids who are 12 to 17 years old. He said they
can process about 10 minors per month and they are released after 3 to 6
months, and the judge overseas the program. Some of the consequences
that will be handed down will be anger management/self esteem classes,
drug and alcohol Intervention, mandatory school attendance, community
service, written apologies, written essays. The minors that are processed
through the Youth Court Program must come back and serve on a jury and
be part of the program.
Vice Mayor Mansperger asked if this program would count as community
service hours for the seniors at the high school.
Deputy Searls said that many of the young men and women who volunteer
for the program use it as community service and it looks very good on
college applications.
Council Member De Mimmo asked how the jurors are picked.
Deputy Searls responded that when the program first starts out they recruit
from the local high school, as the program continues to grow the
participants will stay in the program and be jurors.
Riverside Deputy District Attorney Raquel Marquez presented the 2nd
portion of the presentation. She said seeing many young people coming in
and out of the justice system she wanted to come out and work in the
communities and stop this revolving process at a lower level where the
children are younger and get an earlier start with them. She said that 1 in
every 3 students will not receive a diploma in California. In San Jacinto it is
1 in 5, there is about a 79% graduation rate. She said that 80% of
dropouts were truants, so if the program can stop truancy then there is a
higher probability of graduation. 43% of truants miss too many days to
catch up. 71 % of those individuals who are committing crimes are doing
them within school hours. Dropouts compose 75% of prisons, in Juvenile
Hall most of the kids cannot read nor do basic math. Many of them will go
straight into the prison system. Unemployment is high, 47% percent of
those that do not have a high school diploma cannot get a job, if they do
get a job only 31% of those individuals can get the job for more than a
year. For 1 year of drop outs it costs Riverside County 1.4 billion dollars
over a lifetime. Putting this program in place is a good solution which will
help keep kids in school and bring down these numbers. The Truancy and
School Delinquency Court will be on the 1st Wednesday of every month at
1:30 pm and will begin on October 7, 2009.
Vice Mayor Mansperger asked if the cases are held in the court house.
City Council Minutes
October 1, 2009
Page 8 of 12
Ms Marquez responded that the cases are held in the court house and
open to the public.
Council Member Di Memmo asked if the case would be expunged when
the juvenile has successfully completed the program.
Ms Marquez responded that it would be an infraction, like a traffic ticket, it
would be up to the judge or commissioner.
Chief Tyler said that the support of council would be great at these
meetings. He said that the Delinquency Court will be at the Hemet Court
House but the Youth Court will be held at the San Jacinto School District
Board Room. It will be held the first Wednesday at 5:30 pm. Chief Tyler
invited the council to attend and thanked them for their support.
5.2 Park and Landscape Maintenance Contracts (LLPD1 & LLPD2) /
Approve / Public Works Director
Public Works Director Mike Emberton presented the staff report. This is
the opportunity to bid out the maintenance contract and take advantage of
the slow economy. There are two different contracts at this time, LLPD 1
and LLPD 2 due to the funding differences between the two districts.
M/S/C (Ayres/Di Memmo) to approve Park and Landscape Maintenance Contracts
(LLPD1 & LLPD2 going out to bid.). Motion carried 4-0.
Ayes: Ayres, Di Memmo, Mansperger, Potts
Nays: None
Absent: Stubblefield
Abstain: None
5.3 Cooperation Agreements — Valley Wide Recreation and Park District /
Receive and File / Assistant City Manager
Assistant City Manager Hults presented the staff report. He said on August
6th the council asked for an update on the various agreements on the
facilities for which Valley Wide provides service. There are six facilities that
Valley Wide provides some type of service for, they are: the Community
Center, Millet Park Soccer field, Rancho Park Baseball field, Sallee Park
Baseball field and Pool, and San Jacinto PAL program. At the Community
Center they have been providing staff support since the Community Center
Coordinator went out on disability. Rosann Zahari has been working in the
Community Center for the last several months and has been doing a very
good job. There have been many comments as well as a letter
commending her work. The Community Center Coordinator Ofelia Segala
has announced that she will retire on December 1, 2009. He said that one
option is to continue the contract with Valley Wide or terminate the contract
and recruit for a new Community Center Coordinator. He said in regards to
City Council Minutes
October 1, 2009
Page 9 of 12
Millet Park, the six homes that are built there are not generating enough
money in annual special taxes to support the complete maintenance of the
park. Valley Wide agreed to maintain the grounds in exchange for
managing the lighted soccer field. The city is committing to pay for the
water using the lease proceeds of two cell towers, one at Rancho and one
at Salle Park. Vendors have used the parks and the city has issued them
vendor permits and the health department is only allowing packaged foods
and water. Rancho and Sallee Park ball diamonds are managed by Valley
Wide staff, the city maintains the balance. Sallee Park Pool is maintained
and managed by Valley Wide with the city providing the maintenance of the
equipment. Valley Wide provides the staff for the PAL program
Council Member Potts commented that over the last six months he has
heard many compliments on the Community Center and also has noticed a
refreshing change. He said that the Community Center should be run by a
city employee and that should be considered. Council Member Potts also
asked if the Public Safety Subcommittee could provide information on who
is actually using the PAL program. He said he would like to see it
monitored more closely.
Council Member Ayres said that a city employee should be working at the
Community Center; if Rosann Zahari is doing a good job she should be
considered. He said that he has seen people cooking on the field at Millett
Park and it should be monitored more closely. Council Member Ayres said
that Sallee Pool is not reaching its full potential. He said the city should run
the operation, and expand the hours in the summer. He added that when
the Skate Park is built they could all be managed together.
Council Member Di Memmo suggested the city have a Parks and
Recreation Subcommittee to deal with these issues. He said this should
be looked at more closely.
M/S/C (Mansperger/Ayres) to receive and file the Cooperation Agreements —
Valley Wide Recreation and Park District. Motion carried 4-0.
Ayes: Ayres, Di Memmo, Mansperger, Potts,
Nays: None
Absent: Stubblefield
Abstain: None
5.4 RDA / Consideration of approval of proposed Preliminary Report,
Draft Owner Participation Rules and Draft Method of Relocation for
the proposed Amended and Restated Redevelopment Plan for the
Merged San Jacinto Redevelopment Project Area / Approve /
Assistant City Manager
This item is continued to the next scheduled meeting of October 15, 2009
because Vice Mayor Mansperger and Council Member Di Memmo have a
City Council Minutes
October 1, 2009
Page 10 of 12
conflict of interest because they own property within the district and there is
no quorum.
6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS
6.1 Sub -Committee and/or Agency Agendas / Receive and File / City Clerk
Council Member Ayres said he attended the last RTA meeting and after 4
years of hard work the contract for the Corona Grand Ave Multi Modal
Station is completed. Bus and train schedules will be working together.
There will be one in Temecula, Perris, and Moreno Valley but the first
station will be in Corona. He recommended that the council go there as a
group to see it.
Council Member Di Memmo said he has been busy working on putting
together a pancake breakfast to benefit the Ramona Pageant on the 17t
and 18th of October. In addition, Wal Mart donated all the food for the
pancake breakfast and the pancake breakfast will be held at the Country
Club at Golden Era, who donated the facility. He also noted that Starbucks
will be there selling coffee and the proceeds from Starbucks sales will go to
the veterans. He said he is looking forward to the skate park. He added
that the San Jacinto Police Department has been doing a great job and
that the new program presented tonight is tremendous.
Council Member Potts said he attended both RTA and WRCOG meetings.
He spoke about an accident at Ramona Expressway and Sanderson last
Saturday. The intersection was closed for six hours and all traffic was
diverted. He said that this is a prime example of why Gilman Hot Springs
Road should never be closed. This was only for six hours and the traffic
was backed up on Sanderson Ave all the way to Banning. He thanked the
San Jacinto Police Department, the volunteers and explorers for the good
job they did.
Vice Mayor Mansperger commented that Mr. Ray Hicks met with staff
today and they had a very productive meeting. He thanked him for coming
in.
Council Member Ayres thanked Mr. Hicks for keeping the city updated. He
commented the San Jacinto Chamber of Commerce celebrated its 1st
Birthday.
Vice Mayor recessed the regular meeting at 8:20 p.m. and reconvened in
Closed Session 8:30 p.m.
City Council Minutes
October 1, 2009
Page 11of12
7. CLOSED SESSION
7.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) Section 54956.9)
Name of Case: City of San Jacinto v. Acting Pacific Regional Director,
Bureau of Indian Affairs (Docket No. IBIA 08-122-A)
7.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
1155 South State Street, San Jacinto
Negotiation Parties: Tim Hults, Assistant City Manager and/or Barry
McClellan, RDA Executive Director (for the RDA), and James Antoyan (for
property owner(s))
Under negotiation: Price and terms of payment
7.3 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section
54956.9: one (1) or more potential cases
7.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
1881 S. Santa Fe Avenue, San Jacinto
Negotiation Parties: Tim Hults, Assistant City Manager and/or Barry
McClellan, RDA Executive Director (for the RDA), and Bruce Maize (for
property owner(s))
Under Negotiation: Price and Terms
8. ADJOURNMENT
With no further business before the City Council, Vice Mayor Mansperger
adjourned the meeting at 9:15 p.m.
ATTEST:
Richard Miller, Deputy City Clerk
City of San Jacinto
John Mansperger, Vice Mayor
Approved as read:
City Council Minutes
October 1, 2009
Page 12 of 12
Approved as amended:
AGENDA 3R.1--
MINUTES
JOINT STUDY SESSION OF THE SAN JACINTO CITY COUNCIL
AND PLANNING COMMISSION
October 1, 2009, 6:00 p.m.
2045 South San Jacinto Avenue
San Jacinto Unified School District Board Room, San Jacinto, CA 92583
1. ORGANIZATION
1.1 CaII to Order
Vice Mayor John Mansperger called the joint meeting of the San Jacinto
City Council and Planning Commission to order at 6:15 p.m.
1,2 Roll Call
Council Present: Steve Di Memmo, John Mansperger, Jim Potts
Council Absent: Jim Ayres, Dale Stubblefield
Planning Commission Present: Andrew Kotyuk, Larry Pellerin;
Anerew Seitl, Russ Utz, Steve Warneke
2. PUBLIC COMMENTS:
2.0 Public Comments
None
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1 San Jacinto Housing Element
Vice Mayor John Mansperger asked Planning Director Asher Hertel to
introduce the item.
Planning Director Hertel said that one year ago the council approved a
contract for the city to hire a consultant to update the housing element. He
introduced John Douglas with Conexus who presented a presentation to
the City Council and Planning Commission.
Mr. John Douglas focused on policy concerns to the city, particularly what
is different from the last packet that was approved a few years ago. He
said the housing element is part of the General plan; this update covers
Joint Meeting City Council and Planning Commission Minutes
October 1, 2009
Page 2 of 6
2008 — 2014. The purpose for the update is to refine the existing housing
element, to meet city goals, and achieve the blessing from State
Department of Housing. There are several reasons why the city would like
to have the blessing of the State Department of Housing. One would be to
maximize the city's eligibility for grant funds, and another would be for legal
reasons. The courts could take control of a local planning and building
department if the element is not consistent with state laws.
The document has two parts, one is the housing plan and, and the other is
a technical document with zoning standards.
The Regional Housing Needs Assessment is a state law that says every
jurisdiction, county, and city is responsible for accommodating its fair share
of the regions housing need for a full range of income categories. There
are state laws regarding housing people with special needs and the kinds
of programs and zoning ordinances that cities have to have on the books in
order to be consistent with state law. The Regional Housing Needs
Allocation process is mandated by state law and is implemented by
Southern Califomia Association of Governments ' (SCAG). Western
Riverside Council of Governments (WRCOG) is involved in an advisory
capacity. It is a forecast out to the year 2014 and translating that forecast
into housing needs based on the population growth that is anticipated.
This document was prepared in 2006 and 2007 and these numbers were +,
prepared before the change in the economy.
Every jurisdiction has to accommodate its fair share of the regions needs,
not build, but can adopt policies. The city is responsible for adopting plans
and ordinances which help to facilitate the building of housing that focuses
on creating affordable housing for people with lower incomes. This forecast
is linked to the City's General Plan and Zoning. State law says that you
have to demonstrate your ability to accommodate your need, the number of
housing units in different income categories. Both the. Federal and State
Governments have income criteria that they use in this field of housing. In
State and Federal law "Low Income" housing is defined by: No more than
80% of the county median income. In Riverside County the most median
income accounting is $56,000 per year. A low income household is one
that has an income of no more than $53,000 per year. This translates into
affordability for low income working individuals. In low income affordability
rent for an apartment would be no more than $1,333 per month. For home
sales it would be no more than $220,000.
SCAG states that the city is obligated to plan for 12,000 new housing units
within the 8 1/2 year period and 4,600 must be suitable for lower income
households, using the Federal and State guidelines. Credit for 9,459
houses built before 2006 is given. There are 25,000 single family units that <`
can be built in the moderate category. There are 3,883 units that can be
built in the multi family sites. The city has capacity in all income categories
to accommodate the area numbers, which is what is required by law.
Joint Meeting City Council and Planning Commission Minutes
October 1, 2009
Page 3 of 6
State law requires every city to allow a state licensed community care
facility with no more that six people in residence. Agricultural employee
housing allows for up to thirty-six beds or twelve units in an agricultural
zone. Cities cannot require any Conditional Use Permits or other types of
approvals that are not required of farming. Emergency shelters is a right
by Senate Bill 2 which was passed in 2007, states that every city and
county in the state must recognize at least one zone in their city where
emergency shelters can be approved by right. There will be no Public
Hearing and no Conditional Use Permit required. Heavy Commercial,
Limited Industrial, or Manufacturing Industrial Park Zones are areas that
the city is considering to designate as the Emergency Shelter Zone,
subject to development standards.
Vice Mayor Mansperger asked for clarification as to what is considered an
Emergency Shelter
Mr. Douglas said that an Emergency Shelter is a permanent year round
facility that is operated by a non-profit organization. It is intended for
people who are homeless with no place to stay on a day to day basis
based on vacancy.
Chairman Warneke said he is not aware of any facility like that in the city.
Vice Mayor Mansperger asked if the city had to have an area that allows
this or if it can be any industrial area.
Mr. Douglas said that it must have at least one zone. In the Housing
Element it states that the city is considering three zones. The council can
choose one or more zones or designate a different one. The key is that the
city must designate at least one zone.
Commissioner Pellerin asked if there was a size restriction, is there
something that determines the maximum size of the shelter.
Mr. Douglas responded that there could be but state law does not say what
the maximum would be but it does say that, as part of the zoning ordinance
you can establish what the maximum number of beds would be. Every city
has to designate at least one zone and their regulations have to
accommodate at least one shelter.
Chairman Warneke asked in regards to the state licensed community care
facility of six or fewer if there was any differentiation between mentally and
physically disabled.
Mr. Douglas responded that there was not any difference. The licensed
community care facility is not talking about medical care but they could be
talking about people with substance abuse or Alzheimer Disease.
Joint Meeting City Council and Planning Commission Minutes
October 1, 2009
Page 4 of 6
Transitional or Supportive Housing also falls under the Senate Bill 2 and
looks more like a conventional house or apartment building and is typically
run by a non-profit organization. The way it differs from the Emergency
Shelter is that people would apply to the non-profit organization for
acceptance. There are rules and regulations that they must follow. The
people who would use this facility would be people that could be homeless
without it. There may be supportive services that go along with it such as
life management skills or job counseling. It would be more of transition
from homeless to regular housing. The law says that Transitional or
Supportive Housing is residential use; cities cannot require any additional
permits or procedures for them that are not required for conventional
housing in that zone.
Commissioner Seitl asked if there is a population growth and the
population doubles is the city obligated to add to that facility or add
additional facilities.
Mr. Douglas said that every so many years the Housing Element gets
updated and whatever the needs are they get updated at that time. Until
then it would be set in stone and stay the same.
Mr. Douglas said that another item that has changed is the definition of
family. In the current code it is not consistent with some court decisions.
The current definition of a family establishes a maximum of six unrelated
people. The courts have said you can't do that, if a group of people are
living together as a family, sharing duties you cannot cut it off at any
particular number.
In regards to State Density Bonus Law, this has been revised over the last
ten to fifteen years. The changes would just bring the city into consistency
with the latest State Density Bonus Law.
The General Plan had some new land use designations in it and one of
those is the very high density residential district, ranging from fourteen to
twenty-two units per acre. That is not in the zoning ordinance but will be
included in the land use zoning ordinance. The Senior Development Zone
is to be renamed R2.
The Reasonable Accommodation Procedure is for people with disabilities.
It outlines procedures to follow if a disabled person asks for modification or
waver that they need in order to enjoy their residence.
Mr. Douglas said after the council is comfortable with the draft of the San
Jacinto Housing Element, it will be submitted to the state for their review
before the council adopts it. He added that the city would be required to
consider their comments. The review process from the state would take
approximately sixty days. Upon receipt of the states findings it would be
Joint Meeting City Council and Planning Commission Minutes
October 1, 2009
Page 5 of 6
reviewed by staff and brought back to the Council and Planning
Commission for Public Hearing and adoption.
Council Member Potts asked how it would affect the city with twelve people
living in large 3 bedroom homes. How does the city deal with
overcrowding and unhealthy living conditions when state and federal
government is telling us that the family structure is changed?
Mr. Douglas stated that the City Attorney would have more details on that.
City Attorney Jeff Ballinger said that many cities are facing this issue. He
said that issue could be addressed through the housing code which sets
limits of occupancy to two people per room plus one or two in common
areas. He added if it was a rental arrangement there is an adopted
ordinance that regulates multiple people living in single family homes and
Code Enforcement could enforce it.
Mr. Douglas said the action he is requesting would be to give any feedback
on the changes and if there were not would like to send it to Sacramento.
Vice Mayor Mansperger opened public hearing at 6:52 pm
There being no one wishing to speak Vice Mayor Mansperger closed public
hearing at 6:52 pm
Council Member Potts asked if the city was required by state law to make
these revisions.
Mr. Douglas responded, yes.
M/S/C (Potts/Di Memmo) to authorize staff to review the draft of the San Jacinto
Housing Element to meet Federal and State requirements. Motion
carried 3-0.
Ayes: Di Memmo, Mansperger, Potts
Nays: None
Absent: Ayres, Stubblefield
Abstain: None
M/S/C (Kotyuk/Pellerin) to authorize staff to review the draft of the San Jacinto
Housing Element to meet Federal and State requirements. Motion
carried 5-0.
Ayes: Kotyuk, Pellerin, Seitl, Utz, Warneke
Nays: None
Absent: None
Abstain: None
Joint Meeting City Council and Planning Commission Minutes
October 1. 2009
Page 6 of 6
5. MEMBERS REPORTS / DISCUSSIONS
None
6. ADJOURNMENT
With no further business before the City Council, Mayor Stubblefield adjourned
the meeting at 6:53 p.m.
ATTEST:
Richard Miller, Deputy City Clerk
City of San Jacinto
John Mansperger, Vice Mayor
Approved as read:
Approved as amended:
AGENDA ITEM 88rl
October 15, 2009
TO: Honorable Chairman and Redevelopment Agency Board Members
FROM: Connie Rogers -Elmore, Interim Finance Direc
SUBJECT. RDA Report Filings for the Tax Year 2009-2010 — Annual Statements
of Indebtedness and AB 1389 Report
RECOMMENDATION:
It is recommended that the Agency, review and accept the following fiscal
reports:
a) Redevelopment Agency of the City of San Jacinto Annual Statement of
indebtedness -Consolidated; Filed for the 2009-2010 Tax Year
(San Jacinto Project Area)
b) Redevelopment Agency of the City of San Jacinto Annual Statement of
Indebtedness -Consolidated; Filed for the 2009-2010 Tax Year
(Soboba Project Area)
c) Redevelopment Agency of the City of San Jacinto Statement of Pass -
Through Obligations for Redevelopment Project Areas (2008-09 AB
1389 Report)
BACKGROUND:
The California Health and Safety Code provides a procedure to be followed in
the allocation and payment of taxes to redevelopment agencies that includes the
annual filing, by project area, of a Statement of Indebtedness (SOI) with the County
Auditor -Controller no later than October 1 of each fiscal year. Failure to do so may
result in the Toss of tax increment monies.
The Health and Safety Code also requires certain reporting to be done
regarding the pass-throughs that are paid, based on tax increment.
DISCUSSION:
The SOI can be looked upon as a "Statement of Future Tax Increment
Requirements", Agencies have, by law, several obligations for the use of tax
increment in addition to the repayment of indebtedness. This includes the obligation
to the Low and Moderate Income Housing Fund of the 20% set -aside, as well as
obligations to pass -through tax increment to other local taxing agencies.
Enacted in 2008, AB 1389 requires reporting of certain pass -through
obligations to the County Auditor, and ultimately the State Controller's Office.
Page 1 of 1
FISCAL IMPACT:
None — The Agency's SOIs were certified by the City's Finance Director on October
1, 2009, and the AB 1389 Report was certified by the Acting Executive Director on
October 1, 2009.
ATTACHMENTS:
Redevelopment Agency of the City of San Jacinto Annual Statement of
Indebtedness -Consolidated; Filed for the 2009-2010 Tax Year
(San Jacinto Project Area)
Redevelopment Agency of the City of San Jacinto Annual Statement of
Indebtedness -Consolidated; Filed for the 2009-2010 Tax Year
(Soboba Project Area)
Redevelopment. Agency of the City of San Jacinto Statement of Pass -
Through Obligations for Redevelopment Project Areas (2008-09 AB 1389
Report)
Page 2 of 1
STATEMENT OF INDEBTEDNESS - CONSOLIDATED
FILED FOR THE 2009 - 2010 TAX YEAR
Name of Redevelopment Agency: Redevelopment Agency of the City of San Jacinto
Name of Project Area:
San Jacinto Project Area
Cover Page
Fiscal Period - Totals
(Optional)
Post Fiscal Period - Totals
Grand Totals
Balances Carried Forward From:
Line
(From Form A, Page 1 Totals) (1)
(From Form B, Page 1 Totals) (2)
(3)
Available Revenues
From Calculation of Available Revenues, Line 7 (4)
Net
Requirement
(5)
Current
Total
Outstanding Debt
$122,044,211
$2,273,854
$124, 318,065
$12,043,776
$112,274,289
Principal/Interest
Due During Tax Year
$74,660,166
$1,885,635
$76,545,801
Consolidate on this form all of the data contained on Form A and B (including supplemental pages). Form A is to include all indebtedness
entered into as of June 30 of the Fiscal Year. Form B may be filed at the option of the Agency, and is to include indebtedness entered
into post June 30 of the Fiscal Year, pursuant to Health and Safety Code section 33675( c ) ( 2 ). This is optional for each Agency and is
not a requirement for filing the Statement of Indebtedness. The Reconciliation Statement is to include indebtedness from Form A only.
Certification of Chief Financial Officer:
Pursuant to Section 33675(b) of the Health and Safety Code, I
hereby certify that the above is a true and accurate Statement of
Indebtedness for the above named agency.
Connie Rogers -Elmore
Interim Finance Director
Signature (/ (f ( Date
STATEMENT OF INDEBTEDNESS - FISCAL YEAR INDEBTEDNESS
FILED FOR THE 2009 - 2010 TAX YEAR
Name of Redevelopment Agency: Redevelopment Agency of the City of San Jacinto
Name of Project Area:
San Jacinto Project Area
For Indebtedness Entered into as of June 30, 2009
Form A
Page 1 of 3
Debt Identification
Original Data
Current
Date
Principal
Term
Interest
Rate
Total
Interest
Total
Outstanding Debt
Principal/Interest
Due During Tax Year
Low and Moderate Income Housing Fund
(A) - Original Area
1983
$19,516,894
51 Yrs
None
Not applicable
$15,783,146
$15,783,146
Pass -through with County of Riverside -
(B) Original Area
1983
$14,857,485
51 Yrs
None
Not applicable
pp
$13,036,237
$13,036,237
Pass -through with County of Riverside
(C) Library -Original Area
1983
$1,503,863
51 Yrs
None
Not applicable
$1,314,013
$1,314,013
Pass -through with Riverside County
(D) Flood Control -Original Area
1983
$1,616,540
51 Yrs
None
Not applicable
$1,343,306
$1,343,306
Pass -through with Valley Wide Rec. Dist.
(E) - Original Area
1983
$423,674
51 Yrs
None
Not applicable
$355,066
$355,066
Pass -through with San Jacinto Unified
(F) School Dist. - Original Area
1983
$18,393,585
51 Yrs
None
Not applicable
$15,855,422
$15,855,422
Pass -through with Eastern Municipal
(G) Water Dist. - Original Area
1983
$4,705,163
51 Yrs
None
Not applicable
$3,894,332
$3,894,332
Loan with Eastern Municipal Water Dist. -
(H) Original Area
7/1998
$50,799
40 Yrs
0%
$0
$25,401
$1,270
Pass -through with San Jacinto Cemetery
( I ) Dist. -Original Area
1983
$173,051
51 Yrs
None
Not applicable
$138,629
$138,629
Low and Moderate Income Housing Fund
(J) -'93 Amended Area
1993
$4,179,580
45 Yrs
None
Not applicable
$2,848,958
$2,848,958
Sub Total, This Page
$54,594,510
$54,570,379
Totals Forward From All Other Pages
$67,449,701
$20,089,787
Totals, Fiscal Year Indebtedness k
$122,044,211
$74,660,166
Purpose of Indebtedness:
(A) Low -moderate housing set -aside required by Section 33334.2 of Health & Safety Code.
(B) Tax sharing agreement. Amount computed based upon protections.
(C) Tax sharing agreement. Amount computed based upon protections.
(D) Tax sharing agreement. Amount computed based upon projections.
(E) Tax sharing agreement. Amount computed based upon protections.
(F) Tax sharing agreement. Amount computed based upon projections.
(G) Tax sharing agreement. Amount computed based upon projections.
(H) Loan for unpaid previous Pass -through.
( I ) Tax sharing agreement. Amount computed based upon projections.
(J) Low -moderate housing set -aside required by Section 33334.2 of Health & Safety Code.
STATEMENT OF INDEBTEDNESS - FISCAL YEAR INDEBTEDNESS
FILED FOR THE 2009 - 2010 TAX YEAR
Name of Redevelopment Agency:
Name of Project Area:
Redevelopment Agency of the City of San Jacinto
San Jacinto Project Area
For Indebtedness Entered into as of June 30, 2009
Form A
Page 2 of 3
Debt Identification
Original Data
Current
Date
Principal
Term
Interest
Rate
Total
Interest
Total
Outstanding Debt
Principal/Interest
Due During Tax Year
Pass -through with County of Riverside -
(A) '93 Amended Area
1993
$8,368,804
45 Yrs
None
Not applicable
$8,065,044
$8,065,044
Pass -through with Riverside County
(B) Flood Control -'93 Amended Area
1993
$463,133
45 Yrs
None
Not applicable
$368,363
$368,363
Pass -through with San Jacinto Cemetery
(C) Dist. -'93 Amended Area
1993
$671,146
45 Yrs
None
Not applicable
$655,490
$655,490
Pass -through with Valley Wide Rec. Dist.
(D) -'93 Amended Area
1993
$202,904
45 Yrs
None
Not applicable
$165,730
$165, 730
Pass -through with San Jacinto Unified
(E) School Dist. -'93 Amended
1993
$4,984,898
45 Yrs
None
Not applicable
$4,615,883
$4,615,883
Pass -through with Eastern Municipal
(F) Water Dist -'93 Amended Area
1993
$1,754,404
45 Yrs
None
Not applicable
$1,478,480
$1,478,480
Pass -through with San Jacinto Res.
(G) Cons. Dist. -'93 Amended Area
1993
$5,676
45 Yrs
None
Not applicable
$5,612
$5,612
Pass -through with Mt. San Jacinto
(H) Comm. College -'93Amended Area
1993
$613,680
45 Yrs
None
Not applicable
$512,460
$512,460
Pass -through with County Superint. of
( I ) Schools -'93 Amended Area
1993
$537,232
45 Yrs
None
Not applicable
$423,583
$423,583
Pass -through with City of San Jacinto -
(J) Original Area
2004
$1,496,000
34 Yrs
None
Not applicable
pp
$1, 300,318
$1, 300, 318
Pass -through with City of San Jacinto
(K) Lighting - Original Area
2004
$110,500
34 Yrs
None
Not applicable
$96,203
$96,203
Pass -through with Mt. San Jacinto
(L) College - Original Area
2004
$340,000
34 Yrs
None
Not applicable
$296,268
$296,268
Total, This Page
$17,983,434
$17,983,434
Purpose of Indebtedness:
(A) Tax sharing agreement. Amount computed based upon projections.
(B) Tax sharing agreement Amount computed based upon projections.
(C) Tax sharing agreement. Amount computed based upon projections.
(D) Tax sharing agreement. Amount computed based upon oroiections.
(E) Tax sharing agreement. Amount computed based upon prolections.
(F) Tax sharing agreement. Amount computed based upon projections.
(G)
(H)
( I )
(J)
(K)
(L)
Tax sharing agreement. Amount computed based upon projections.
Tax sharing agreement. Amount computed based upon projections.
Tax sharing agreement. Amount computed based upon projections.
Statutory Pass -through. Amount computed based upon projections.
Statutory pass -through. Amount computed based upon projections.
Statutory pass -through. Amount computed based upon projections.
STATEMENT OF INDEBTEDNESS - FISCAL YEAR INDEBTEDNESS
FILED FOR THE 2009 - 2010 TAX YEAR
Name of Redevelopment Agency: Redevelopment Agency of the City of San Jacinto
Name of Project Area:
San Jacinto Project Area
For Indebtedness Entered into as of June 30, 2009
Form A
Page 3of3
Debt Identification
Original Data
Current
Date
Principal
Term
Interest
Rate
Total
Interest
Total
Outstanding Debt
Principal/Interest
Due During Tax Year
Pass -through with County Superint. of
(A) Schools - Original Area
2004
$357,000
34 Yrs
None
Not applicable
$311,857
$311,857
Pass -through with San Jac. Res. Cons.
(B) Dist. -Original Area
2004
$2,040
34 Yrs
None
Not applicable
$1,787
$1,787
(C) Educational Revenue Augmentation
2008
Not applicable
Annual
None
Not, applicable
$0
$0
(D) 2005 Tax Allocation Bonds
5/2005
$9,430,000
30 Yrs
3.0%- 4.6%
$7,545,427
$14,967,150
$578,709
(E) County Administrative Fees
1993
Not applicable
Annual
None
Not applicable
$1,707,892
$54,000
(F) Debt Service Overhead & Admin
1993
Not applicable
Annual
None
Not applicable
$8,959,617
$320,000
(G) Projects Overhead & Admin
1993
Not applicable
Annual
None
Notapplicable
$23,517,964
$840,000
(H) Projects
1993
Not applicable
Annual
None
Not applicable
$0
$0
( I )
(J)
(K)
(L)
Total, This Page
$49,466,267
$2,106,353
Purpose of Indebtedness:
(A) Statutory pass -through. Amount computed based upon projections.
(B) Statutory pass -through. Amount computed based upon projections.
(C) ERAF payment, per AB1389.
(D) Bond issuance for Projects and refinance of 1993 Bonds.
(E) County Auditor -Controller Service Charge per SB 2557.
(F) Overhead & Admin associated with Debt Service activities.
(G) Overhead & Admin charges associated with Project actvities.
(H) Capital Projects.
(I)
(J)
(K)
(L)
STATEMENT OF INDEBTEDNESS - POST FISCAL YEAR INDEBTEDNESS ONLY
FILED FOR THE 2009 - 2010 TAX YEAR
Name of Redevelopment Agency: Redevelopment Agency of the City of San Jacinto
Name of Project Area: San Jacinto Project Area
For Indebtedness Entered into as of June 30, 2009
, as of 10-01-2009
Form B
Page 1 of 1
(Optional)
Debt Identification
Original Data
Current
Date
Principal
Term
Interest
Rate
Total
Interest
Total
Outstanding Debt
Principal/Interest
Due During Tax Year
(A) ERAF - 09/10 State Budgeted "steal"
2009
Not applicable
Annual
None
Not applicable
$1,885,635
$1,885,635
(B) ERAF - 10/11 State Budgeted "steal"
2010
Not applicable
Annual
None
Not applicable
$388,219
$0
(C)
(D)
(E)
(F)
(G)
(H)
( I )
(J)
(K)
(L)
Totals, Post Fiscal Year
Indebtedness
$ 2,273,854
$ 1,885,635
Purpose of Indebtedness:
(A) State mandated payments to ERAF.
(B) State mandated payments to ERAF.
(C)
(G)
(H)
( I )
(D) (J)
(E) (K)
(F) (L)
RECONCILIATION STATEMENT - CHANGES IN INDEBTEDNESS
Name of Redevelopment Agency: Redevelopment Agency of the City of San Jacinto
Name of Project Area: San Jacinto Project Area
Tax Year 2009-2010
Reconciliation Dates: From July 1, 2008 To June 30, 2009 .
Page 1 of 3
Debt Identification:
A B C D E F
Outstanding Debt
All Beginning
Indebtedness
Adjustments
Amounts Paid Against
Indebtedness, from:
Remaining
Balance
(A+B-C-D-E)
SOI, page and line: Brief
Prior Yr Current Yr Description
Increases
(Attach Explanation)
Decreases
(Attach Explanation)
Tax Increment
Other Funds
`g 1
Line A
Pg 1
Line A
Low and Moderate Income
Housing Fund - Orig Area
$16,571,962
$0
$0
$788,816
$0
$15,783,146
Pg 1
Line B
Pg 1
Line B
Pass -through with County
of Riverside - Orig Area
$13,537,598
$0
$0
$501,361
$0
$13,036,237
Pg 1
Line C
Pg 1
Line C
Pass -through with County of
Riverside Library - Orig Area
$1,367,732
$0
$0
$53,719
$0
$1,314,013
Pg 1
Line D
Pg 1
Line D
Pass -through with Riverside
Co. Flood Control - Orig Area
$1,409,884
$0
$0
$66,578
$0
$1,343,306
Pg 1
Line E
Pg 1
Line E
Pass -through with Valley
Wide Rec. Dist. - Orig Area
$371,626
$0
$0
$16,560
$0
$355,066
Pg 1
Line F
Pg 1
Line F
Pass -through with San Jac.
School District - Orig Area
$16,466,336
$0
$0
$610,914
$0
$15,855,422
Pg 1
Line G
Pg 1
Line G
Pass -through with Eastern
Municipal Water - Orig Area
$4,094,807
$0
$0
$200,475
$0
$3,894,332
Pg 1
Line H
Pg 1
Line H
Loan with Eastem Municipal
Water District - Orig Area
$26,671
$0
$0
$1,270
$0
$25,401
'OTAL-THIS PAGE
$53,846,616
$0
$0
$2,239,693
$0
$51,606,923
TOTALS FORWARD
$35,745,894
$39,407,832
$29,350
$4,687,088
$0
$70,437,288
GRAND TOTALS
$89,592,510
$39,407,832
$29,350
$6,926,781
$0
$122,044,211
NOTE: This form is to reconcile the previous Statement of Indebtedness to the current one being filed. However, since the reconc'liation period is
limited by law to a July 1 - June 30 fiscal year period, only those items included on the SOI Form A is to be included on this document. To assist
in following each item of indebtedness from one SOI to the next, use page and line number references from each SOI that the item of
indebtedness is listed on. If the indebtedness is new to this fiscal year, enter "NEW" in the "Prior Yr" page and line columns. Column F must
equal the current SOI, Form A Total Outstanding Debt Column.
RECONCILIATION STATEMENT - CHANGES IN INDEBTEDNESS
Name of Redevelopment Agency: Redevelopment Agency of the City of San Jacinto
Name of Project Area: San Jacinto Project Area
Tax Year 2009-2010
Reconciliation Dates: From July 1, 2008 To June 30, 2009 .
Page 2 of 3
Debt Identification:
A B C D E F
Outstanding Debt
All Beginning
Indebtedness
Adjustments
Amounts Paid Against
Indebtedness, from:
Remaining
Balance
(A+B-C-D-E)
SOI, page and line: Brief
Prior Yr Current Yr Description
Increases
(Attach Explanation)
Decreases
(Attach Explanation)
Tax Increment
Other Funds
'g 1
Line I
Pg 1
Line I
Pass -through with San Jac.
Cemetery Dist. - Orig Area
$146,076
$0
$0
$7,447
$0
$138,629
Pg 1
Line J
Pg 1
Line J
Low and Moderate Income
Housing Fund -'93 Amend
$3,279,957
$0
$0
$430,999
$0
$2,848,958
Pg 2
Line A
Pg 2
Line A
Pass -through with County
of Riverside -'93 Amend
$8,186,035
$0
$0
$120,991
$0
$8,065,044
Pg 2
Line B
Pg 2
Line B
Pass -through with Riverside
Co. Flood Control -'93Amend
$402,677
$0
$0
$34,314
$0
$368,363
Pg 2
Line C
Pg 2
Line C
Pass -through with San Jac.
Cemetery Dist. -'93 Amend
$659,709
$0
$0
$4,219
$0
$655,490
Pg 2
Line D
Pg 2
Line D
Pass -through with Valley
Wide Rec. Dist. -'93 Amend
$180,724
$0
$0
$14,994
$0
$165,730
Pg 2
Line E
Pg 2
Line E
Pass -through with San Jac.
School District -'93 Amend
$4,735,917
$0
$0
$120,034
$0
$4,615,883
Pg 2
Line F
Pg 2
Line F
Pass -through with Eastem
Municipal Water -'93 Amend
$1,584,056
$0
$0
$105,576
$0
$1,478,480
'g 2
Line G
Pg 2
Line G
Pass -through with San Jac.
Res. Cons. Dist. -'93 Amend
$5,646
$0
$0
$34
$0
$5,612
Pg 2
Line H
Pg 2
Line H
Pass -through with Mt. San
Jac. College -'93 Amend
$548,740
$0
$0
$36,280
$0
$512,460
Pg 2
Line I
Pg 2
Line I
Pass -through with County
Super. Schools -'93 Amend
$470,498
$0
$0
$46,915
$0
$423,583
Pg NEW
Line NEW
Pg 2
Line J
Pass -through with City of
San Jacinto - Original
$0
$1,496,000
$0
$195,682
$0
$1,300,318
Pg NEW
Line NEW
Pg 2
Line K
Pass -through with City of
San Jacinto Lighting - Orig.
$0
$110,500
$0
$14,297
$0
$96,203
TOTAL -THIS PAGE
$20,200,035
$1,606,500
$0
$1,131,782
$0
$20,674,753
RECONCILIATION STATEMENT - CHANGES IN INDEBTEDNESS
Name of Redevelopment Agency: Redevelopment Agency of the City of San Jacinto
Name of Project Area: San Jacinto Project Area
Tax Year 2009-2010
Reconciliation Dates: From July 1, 2008 To June 30, 2009 .
Page 3 of 3
Debt Identification:
A B C D E F
Outstanding Debt
All Beginning
Indebtedness
Adjustments
Amounts Paid Against
Indebtedness, from:
Remaining
Balance
(A+B-C-D-E)
SOI, page and line: Brief
Prior Yr Current Yr Description
Increases
(Attach Explanation)
Decreases
(Attach Explanation)
Tax Increment
Other Funds
3 NEW
Line NEW
Pg 2
Line L
Pass -through with Mt. San
Jac. College -Original
$0
$340,000
$20,773
$22,959
$0
$296,268
Pg NEW
Line NEW
Pg 3
Line A
Pass -through with County
Super. Schools - Original
$0
$357,000
$8,577
$36,566
$0
$311,857
Pg NEW
Line NEW
Pg 3
Line B
Pass -through with San Jac.
Res. Cons. Dist. - Original
$0
$2,040
$0
$253
$0
$1,787
Pg NEW
Line NEW
Pg 3
Line C
Education Revenue
Augmentation
$0
$29,350
$0
$29,350
$0
$0
Pg 2
Line J
Pg 3
Line D
2005 $9.3MTax
Allocation Bonds
$15,545,859
$0
$0
$578,709
$0
$14,967,150
Pg NEW
Line NEW
Pg 3
Line E
County Administrative Fees
$0
$1,769,000
$0
$61,108
$0
$1,707,892
Pg NEW
Line NEW
Pg 3
Line F
Debt Service Overhead &
Admin
$0
$9,280,000
$0
$320,383
$0
$8,959,617
Pg NEW
Line NEW
Pg 3
Line G
Projects Overhead & Admin
$0
$24,360,000
$0
$842,036
$0
$23,517,964
g NEW
ine NEW
Pg 3
Line H
Projects
$0
$1,663,942
$0
$1,663,942
$0
$0
Pg
Line
Pg
Line
$0
Pg
Line
Pg
Line
$0
Pg
Line
Pg
Line
$0
Pg
Line
Pg
Line
$0
TOTAL- THIS PAGE
$15,545,859
$37,801,332
$29,350
$3,555,306
$0
$49,762,535
RECONCILIATION STATEMENT - Description of Adjustments Page 1 of 1
Name of Redevelopment Agency: Redevelopment Agency of the City of San Jacinto
Name of Project Area: San Jacinto Project Area
Tax Year 2009-2010
Reconciliation Dates: From July 1, 2008 To June 30, 2009 .
RECON
Sheet, Pg
and line:
Description of Adjustments
Indebtedness
Pg 2
Line J
Pass -through with City of San Jacinto - Original - discovered
with AB1389 reporting during year, statutory
$1,496,000
Pg 2
Line K
Pass -through with City of San Jacinto Lighting - Original -
discovered with AB1389 reporting during year, statutory
$110,500
Pg 2
Line L
Pass -through with Mt. San Jacinto College - Original - discovered
with AB1389 reporting during year, statutory
$340,000
Pg 2
Line L
Pass -through with Mt. San Jacinto College - Original - payment
made to ERAF, as required byAB1389
($20,773)
Pg 3
Line A
Pass -through with County Superintendent of Schools - Original -
discovered with AB1389 reporting during year, statutory
$357,000
Pg 3
Line A
Pass -through with S.J. Basin Resource Conservation District -
Original - payment made to ERAF, as required by AB1389
($8,577)
J
Pg 3
Line B
Pass -through with S.J. Basin Resource Conservation District -
Original - discovered with AB1389 reporting during year - statutory
$2,040
Pg 3
Line C
Educational Revenue Augmentation - payments made as required
by AB1389, instead of to Local Educational Agencies
$29,350
Pg 3
Line E
County Administrative Fees - adjustment to match projections
$1,769,000
Pg 3
Line F
Debt Service Overhead & Admin - adjustment to match
projections
$9,280,000
Pg 3
Line G
Projects Overhead & Admin - adjustment to match projections
$24,360,000
Pg 3
Line H
Projects - adjustment to match expenditures for 08/09
$1,663,942
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
TOTAL- THIS PAGE
$39,378,482
CALCULATION OF AVAILABLE REVENUES
AGENCY NAME Redevelopment Agency of the City of San Jacinto
PROJECT AREA San Jacinto Project Area
TAX YEAR 2009-2010
RECONCILIATION DATES: JULY 1, 2008 TO JUNE 30, 2009
Beginning Balance, Available Revenues
(See Instructions)
1 12,760 985
Tax Increment Received - Gross 2 6,099,077
All Tax Increment Revenues, to include any Tax Increment
passed through to other local taxing agencies.
All other Available Revenues Received
(See Instructions)
3 110,495
Revenues from any other source, included
in Column E of the Reconciliation
Statement, but not included in (1-3) above 4
Sum of Lines 1 through 4 5 18,970,557
Total amounts paid against indebtedness
in previous year. (D + E on Reconciliation Statement) 6 6,926,781
Available Revenues, End of Year (5-6) 7 12,043,776
FORWARD THIS AMOUNT TO STATEMENT OF
INDEBTEDNESS, COVER PAGE, LINE 4
NOTES
Tax Increment Revenues:
The only amount(s) to be excluded as Tax Increment Revenue are any amounts passed through to other local taxing
agencies pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set -aside in the Low and Moderate
Income Housing Fund will be washed in the above calculation, and therefor omitted from Available Revenues at year end.
Item 4. above:
This represents any payments from any source other than Tax Increment OR available revenues. For instance, an agency
funds a project with a bond issue. The previous LOI included a Disposition Develoopment Agreement (DDA) which was
fully satistied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under
the "other" column (CoI E), but with funds that were neither Tax Increment, nor "Available Revenues" as defined. The
amounts used to satisfy this DDA would be included on line 4 above in order to accurately determine ending "Available
Revenues."
STATEMENT OF INDEBTEDNESS - CONSOLIDATED
FILED FOR THE 2009 - 2010 TAX YEAR
Name of Redevelopment Agency: Redevelopment Agency of the City of San Jacinto
Name of Project Area:
Soboba Project Area
Cover Page
Balances Carried Forward From:
Line
Current
Total
Outstanding Debt
Principal/Interest
Due During Tax Year
Fiscal Period - Totals (From Form A, Page 1 Totals) (1)
$8,366,176
$5,917,889
(Optional)
Post Fiscal Period - Totals (From Form B, Page 1 Totals) (2)
$0
$0
Grand Totals (3)
$8,366,176
$5,917,889
Available Revenues
From Calculation of Available Revenues, Line 7 (4)
$1,297,492
Net
Requirement (5)
$7,068,684
Consolidate on this form all of the data contained on Form A and B (including supplemental pages). Form A is to include all indebtedness
entered into as of June 30 of the Fiscal Year. Form B may be filed at the option of the Agency, and is to include indebtedness entered
into post June 30 of the Fiscal Year, pursuant to Health and Safety Code section 33675( c ) (2 ). This is optional for each Agency and is
not a requirement for filing the Statement of Indebtedness. The Reconciliation Statement is to include indebtedness from From A only.
Certification of Chief Financial Officer:
Pursuant to Section 33675(b) of the Health and Safety Code, I
hereby certify that the above is a true and accurate Statement of
Indebtedness for the above named agency.
Connie Rogers -Elmore
Signature
Interim Finance Director
Date
STATEMENT OF INDEBTEDNESS - FISCAL YEAR INDEBTEDNESS
FILED FOR THE 2009 - 2010 TAX YEAR
Name of Redevelopment Agency: Redevelopment Agency of the City of San Jacinto
Name of Project Area:
Soboba Project Area
For Indebtedness Entered into as of June 30, 2009
Form A
Page 1 of 1
Debt Identification
Original Data
Current
Date
Principal
Term
Interest
Rate
Total
Interest
Total
Outstanding Debt
Principal/Interest
Due During Tax Year
Low and Moderate Income Housing Fund
(A) - Original Area
6/1994
$1,151,220
Until paid
None
Not applicable
$3,406,664
$3,406,664
(B) Advances from City of San Jacinto
6/2008
$600,000
Until paid
6.00%
$0
$600,000
$600,000
Pass -through with Eastern Municipal
(C) Water District
6/1995
$18,581
Until paid
None
Not applicable
$1,569,057
$1,569,057
(D) 1999 Tax Allocation Bonds
7/1999
$965,000
19 Yrs
6.10%
$704,752
$267,788
$242,168
(E) County Administrative Fees
1984
Not applicable
Annual
None
Not applicable
$197,990
$6,000
(F) Debt Service Overhead & Admin
1984
Not applicable
Annual
None
Not applicable
$2,324,677
$94,000
(G)
(H)
( I )
(J)
Sub Total, This Page
$8,366,176
$5,917,889
Totals Forward From All Other Pages
$0
$0
Totals, Fiscal Year Indebtedness
$8,366,176
$5,917,889
Purpose of Indebtedness:
(A) Low and moderate housing set -aside required by Section 33334.2 of Health
and Safety Code.
(B) Advances of Project and Administrative Costs.
(C) Tax sharing agreement. Amount computed based upon projection.
(D) Lake Park/Main Street Bridge - RDA Project.
(E) County Auditor -Controller Service Charge per SB 2557.
(F) Overhead & Admin associated with Debt Service activities.
(G)
(H)
( I )
(J)
STATEMENT OF INDEBTEDNESS - POST FISCAL YEAR INDEBTEDNESS ONLY
FILED FOR THE 2009 - 2010 TAX YEAR
Name of Redevelopment Agency: Redevelopment Agency of the City of San Jacinto
Name of Project Area: Soboba Project Area
For Indebtedness Entered into as of June 30, 2009
, as of 10-01-2009
Form B
Page 1 of 1
(Optional)
Debt Identification
(A)
Original Data
Current
Date
Principal
Term
Interest
Rate
Total
Interest
Total
Outstanding Debt
Principal/Interest
Due During Tax Year
(B) NONE
(C)
(D)
(E)
(F)
(G)
(H)
(J)
(K)
(L)
Totals, Post Fiscal Year
Indebtedness
0
0
Purpose of Indebtedness:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
( I )
(J)
(K)
(L)
RECONCILIATION STATEMENT - CHANGES IN INDEBTEDNESS
Name of Redevelopment Agency: Redevelopment Agency of the City of San Jacinto
Name of Project Area: Soboba Project Area
Tax Year 2009-2010
Reconciliation Dates: From July 1, 2008 To June 30 2009
Page 1 of 1
Debt Identification:
A B C D E F
Outstanding Debt
All Beginning
Indebtedness
Adjustments
Amounts Paid Against
Indebtedness, from:
Remaining
Balance
(A+B-C-D-E)
SOI, page and line: Brief
Prior Yr Current Yr Description
Increases
(Attach Explanation)
Decreases
(Attach Explanation)
Tax Increment
Other Funds
-1g 1
Line A
Pg 1
Line A
Low and Moderate Income
Housing Fund - Orig Area
$478,656
$3,038,673
$0
$110,665
$0
$3,406,664
Pg 1
Line B
Pg 1
Line B
Advances from City
of San Jacinto
$600,000
$0
$0
$0
$0
$600,000
Pg 1
Line C
Pg 1
Line C
Pass -through with Eastem
Municipal Water District
$323,831
$1,295,535
$0
$50,309
$0
$1,569,057
Pg 1
Line D
Pg 1
Line D
1999 $965,000
Tax Allocation Bonds
$352,975
$0
$24,480
$60,707
$0
$267,788
Pg NEW
Line NEW
Pg 1
Line E
County Administrative Fees
$0
$204,652
$0
$6,662
$0
$197,990
Pg NEW
Line NEW
Pg 1
Line F
Debt Service Overhead &
Admin
$0
$2,418,000
$0
$93,323
$0
$2,324,677
Pg
Line
Pg
Line
Pg
Line
Pg
Line
'OTAL-THIS PAGE
$1,755,462
$6,956,860
$24,480
$321,666
$0
$8,366,176
TOTALS FORWARD
$0
$0
$0
$0
$0
$0
GRAND TOTALS
$1,755,462
$6,956,860
$24,480
$321,666
$0
$8,366,176
NOTE: This form is to reconcile the previous Statement of Indebtedness to the current one being filed. However, since the reconciliation period is
limited by law to a July 1 - June 30 fiscal year period, only those items included on the SOI Form A is to be included on this document. To assist
in following each item of indebtedness from one SOI to the next, use page and line number references from each SOI that the item of
indebtedness is listed on. If the indebtedness is new to this fiscal year, enter "NEW" in the "Prior Yr" page and line columns. Column F must
equal the current SOI, Form A Total Outstanding Debt Column.
RECONCILIATION STATEMENT - Description of Adjustments Page 1 of 1
Name of Redevelopment Agency: Redevelopment Agency of the City of San Jacinto
Name of Project Area: Soboba Project Area
Tax Year 2009-2010
Reconciliation Dates: From July 1, 2008 To June 30, 2009 .
RECON
Sheet, Pg
and line:
Description of Adjustments
Indebtedness
Pg 1
Line A
Low and Moderate Income Housing Fund - adjustment to match
projections
$3,038,673
Pg 1
Line C
Pass -through with Eastern Municipal Water District - adjustment
to match projections
$1,295,535
Pg 1
Line D
1999 $965,000 Tax Allocation Bonds - adjustment to actual,
recalculated principal and interest remaining
($24,480)
Pg 1
Line E
County Administratine Fees - adjustment to match projections
$204,652
Pg 1
Line F
Debt Service Overhead & Admin - adjustment to match
projections
$2,418,000
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
Pg
Line
TOTAL- THIS PAGE
$6,932,380
CALCULATION OF AVAILABLE REVENUES
AGENCY NAME Redevelopment Agency of the City of San Jacinto
PROJECT AREA Soboba Project Area
TAX YEAR 2009-2010
RECONCILIATION DATES: JULY 1, 2008 TO JUNE 30, 2009
Beginning Balance, Available Revenues
(See Instructions)
1 1,040,210
Tax Increment Received - Gross 2 553,325
All Tax Increment Revenues, to include any Tax Increment
passed through to other local taxing agencies.
All other Available Revenues Received
(See Instructions)
3 25,623
Revenues from any other source, included
in Column E of the Reconciliation
Statement, but not included in (1-3) above 4
Sum of Lines 1 through 4 5 1,619,158
Total amounts paid against indebtedness
in previous year. (D + E on Reconciliation Statement) 6 321,666
Available Revenues, End of Year (5-6) 7 1,297,492
FORWARD THIS AMOUNT TO STATEMENT OF
INDEBTEDNESS, COVER PAGE, LINE 4
NOTES
Tax Increment Revenues:
The only amount(s) to be excluded as Tax Increment Revenue are any amounts passed through to other local taxing
agencies pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set -aside in the Low and Moderate
Income Housing Fund will be washed in the above calculation, and therefor omitted from Available Revenues at year end.
Item 4. above:
This represents any payments from any source other than Tax Increment OR available revenues. For instance, an agency
funds a project with a bond issue. The previous LOI included a Disposition Develoopment Agreement (DDA) which was
fully satistied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under
the "other" column (Col E), but with funds that were neither Tax Increment, nor "Available Revenues" as defined. The
amounts used to satisfy this DDA would be included on line 4 above in order to accurately determine ending "Available
Revenues."
Cover Page
Statement of Pass -Through Obligations for
Redevelopment Project Areas
Name of Agency
ca,t ;e„c./
Filed with the County Auditor of ~ +"= <( County
Date Submitted to County:
Agency's Director's Signature:
Print Name ' ' t ` Title: Ac,6t
Email: -t' 4 I im
f-71kecu7 (,C blvcc-{ur
Phone: ( P ` ') ' - ext
Report Preparer Contact Information: Print Name: : c ,
Email: -I- Or, (t 6>5e, ;<<_,:, v c.:. � Phone: (
'. ext
County Use Only
Date Received From
Agency
Date County Granted
Concurrence
If No Concurrence Granted,
Date Returned to Agency
Rev 1
Rev 2
Rev 3
Reviewed By: Date Forwarded to SCO:
Email:
Phone:
State Use Only
Date Received
From County
Date SCO
Concurred With
County
If No Concurrence
Granted, Date
Returned to County
SCO Staff Assigned to
Review
Rev 1
Rev 2
Note: Each time the agency revises their report, it must go through the county auditor's office
to obtain concurrence and the new concurrence date must be entered.
County Name Riverside
Redevelopment Agency Redevelopment Agency of the City of San Jacinto
Legislative Body Name City of San Jacinto
SCO Unique ID Number 13983379400
Required To Report? Yes
Project
1
San Jacinto Redevelopment Project
Project/Amendment Name
County Tax ID
Date Established (MM/DD/YYYY)
Location
Is this Project Area subject to AB 1290 passthrough payments? Yes/No
Date Amended (MM/DD/YYYY)**
Purpose of Amendment
Ordinance Number of Amendment
Original Time Limit (Date) (MM/DD/YYYY)
Amended Time Limit (Date) (MM/DD/YYYY)
Original Tax Increment Limit (Dollar)
Amended Tax Increment Limit (Dollar)
Original Debt Limit (Dollar)
Amended Debt Limit (Dollar)
Community Election to Receive a Portion of Tier 1, Yes or No
Resolution # for Election
First Adjusted Base Year
First Adjusted Base Assessed Valuation
Is this Project Subject to Statutory Passthroughs? Yes
Adjusted Base Year (SB 211)
Adjusted Base Assessed Valuation (SB 211)
Are there pre-existing Contractural Passthrough Agreements?
** Include ONLY the first amendment that provided for any of the following:
1. Extended the life of the project area (effectiveness of plan)
2. Increased the Tax Increment Cap
3. Increases or Eliminates the Debt Issuance Limit
4. SB 211 amendment
** Do not include other amendments!
Area
02-2803
06/28/1983
San Jacinto
No
04/07/2005
SB 211
#05-07
06/28/2023
06/28/2026
$50,000,000
$2, 269, 900, 000
$20,000,000
$480,000,000
No
No
2003-04
$248, 840, 523
Yes
Yes
Project
2
San Jacinto Amended
Redevleopment Project Area
02-2805
12/28/1993
San Jacinto
No
04/07/2005
SB 211
#05-07
12/28/2033
12/28/2036
$2,269,900,000
$480,000,000
No
2013-14
Yes
No
Project
3
Soboba Springs Redevelopment
Project Area
02-2804
12/27/1983
Soboba Springs, San Jacinto
No
Yes
Project
4
Project
5
Fiscal Yea
AB
Project/Amendment Name
County Tax ID
Date Established
Subject to AB 1389? (Yes/No)
Accumulated Tax Increment
throu.h June 30, 2008
Fiscal Year Data
Gross Tax Increment
Received During the Fiscal
Year
290 Tier I Tax Increment
3,913,416.00
21 AB 1290 Tier II Assessed Valuation
22 Growth Over Adjusted Base Value
23
24
25
26
27
28
29
30
31
32
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
Pass -Throu
Non Basic Aid
Affected Taxing Agency Name and Type
Name of Affected Taxing Agency
San Jacinto Unified
County of Riverside General
County of Riverside Library
San Jacinto Cemetery District
Enter Taxing Agency Code:
S = School District
C = Community College
District
E = Office of Education or
Special Education
0 =All Other
F = ERAF Fund
S
0
0
0
Riverside County Flood Control & Wald 0
Valley -Wide Recreation & Park District 0
Eastern Municipal Water District 0
Mt. San Jacinto CommunityCollege C
County of Riverside Superintendent of E
San Jacinto Basin Resource Conserve 0
City of San Jacinto 0
City of San Jacinto Lighting 0
Contractural and Other Payments Only
Contractual
Payments Per
33401
610,914.00
501,361.00
53,719.00
7,447.00
66,578.00
16,560.00
200,475.00
7,054,00.:
Others - Include
2% Growth on Payments Per
Base Payments 33445, 33445.5,
Only 33445.6, or
(Pre AB 1290 33446 (Memo
33676) Only)
Basic Aid
Basic -Aid
Payments Per
33676
h Distribution Detai
AB 1290 Non Basic Aid
Tier II
Total Pass- Total Pass -
Through
Payments
Required
33607.5, 33607.7
10,367.00
10,702.00
61.00
44,024.00
3.269.00
66,423.00=
Through
Payments
Required
33607.5, 33607.7
Amount of
33607.5 or
33607.7
Payments
Reduced Per
33445, 33445.5.
33445.6, 33446
Net Amount Due
Affected Taxing
Agency Prior to
Subordination
33607.5, 33607.7
Subordination -AB 1290 Only
Amount of Pass
Through Property Tax
Payments Share of
Deferred Per Subordination
Subordination (LEAS Only)
Facilities Share
of (LEA) or Other
Agency Share of
Subordination
Dale Deferred
Payments Will
be Made or Were
Made
Pass -Through
Payments
Required, Net of
Deferrals (Memo
Only)
0
Ii5Z5,477;U11=
2,165.00
33607.5, 33607.7
Current
Obligation Dale Last
Pass -Through Payment
Cash Payments Reported it
Through Column U w:
June 30, 2009 Made
0
2
PassthrouRh Payments Made Detail
Payments Actually Made
Basic Aid Only
Subordination Payments Only
13
Facilities (LEA
Only) or Other
Agency Portion Property Tax
Date Last Prior Year of Prior Year Basic -Aid 33676 Share of
Payment Overpayments Overpayments Current Subordination
Reported in Applied Against Applied Against Obligation Pass. Payments for
Column W was Current Year Current Year Through Prior
Made Obligation Obligation Payments Subordinations
4
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Facilities Share of
(LEA) or Other
Agency Share of
Subordination
Payments for
Prior
Subordinations
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
53
54
55
Outstanding Obligations
33607.5,33607.7
Property Tax
Share of Local Non Basic -Aid
Education 33607.5, 33607.7
Agency Unpaid
Payments Obligation
,g'SVIZL,.!kL§alit?"41
'zIkaffMerl,M
.p.017t-R.NIZAR
WIfLt3;,:ag00
fA,*-13:t
KA;
Property Tax
Share of Current
Year Outstanding
Obligation
(Memo Only)
MrOMMION:
WE'w.,ZTV.S4
#DIV/01
Facilities Share
of (Local
Education
Agencies) or
Other Agency
Share of
Outstanding
Obligation
(Memo Only)
waW*R-Armo
Wava,:afia.,4g
g'gt.(KOC.W.M7
;024=-00
69,00.
:tafortgm.v.,
30
Basic -Aid 33676
Current Year
Outstanding
Obligation
5:1$44'N.V.VQ4
SitAYAMLIP.i.
ATOLX:WAf.TS:
IMTAitw.
.:14,ijAW.4.ksaVa.t
Mrein-Y„5.041.i
, 3LL. 6,YM
200849 Net
Outstanding
Obligation Net
of Deferrals
33607.5, 33607.7
Only
'7'gfr4MUNW
Final Payments of Undistributed PassthrouglObligations Detail
AS OF JUNE 30, 2009
Remaining Final Date
Unpaid Remaining
Outstanding Outstanding
Obligations From Obligation is to
Prior Years be Paid
Agency's Plan to
Pay Outstanding
Obligations
Pa ments Made AfterFilin. of Re ort Post October 1 2009 ONLY
Total Amount of Amount of Basic
Payments Made Aid Payments
Against Made Against
Outstanding Outstanding
Obligations Obligations
Most Recen
Date of
Payment(s)
10,367.03
0,702.00
61.00
44,024.00
3,269.00
Amount of Local
Amount of Local Educational
Educational Agency Payment
Agency Payment to Pay to Local
to Pay Directly to Educational
County ERAF Agency
V„-q,4,*
Rem
Un
Outsl
Obli
L.
56
57
2165
3299_1
L
2
3
4
5
A
Project/Amendment Name
County Tax IC7
Date Establishe
Subject to AS 1389? (Yes/No)
Accumulated Tax Increment
ihro h June 30, 2008
6
13 Fiscal Year
Fiscal Year Data
.7.(7(IYE7.
15
16
17
18
19
20
21 AB 1290 Tier II Assessed Valuation
22 Growth Oyer Adjusted Base Value
Gross Tax Increment
Received During the Fiscal
Year Name of Affected Taxing Agency
022800
2 9:3
Pass-Throu h Distribution Detail
Non Basic Aid AB 1290 Non Basic Aid
Affected Taxing Agency Name and Type Cxntractural and Other Payments Only Basic Aid Tier I
AB 1290 Tier I Tax Increment
53
54
55
56
57
Enter Taxing Agency Code:
5 School District
C = Community College
District
E Office of Education or
Special Education
0 = All other
Pc ERAF Fund
Statutory payments do not begin until FY 2014-15
Contractual
Payments Per
33401
2% Growth on
Base Payments
Only
(Pre AB 1290
33676)
Others - Include
Payments Per
33445. 33445 5.
33445.6, or Basic -Aid
33446 (Memo Payments Per
Only) 33575
iti
Tier 11
Total Pass- Total Pass -
Through Through
Payments Payments
Requited Required
33607.5, 33607 7 33607.5, 33607.7
Amount of
33607.5 or
33667.7
Payments
Reduced Per
33445, 33445.5,
33445 6, 33446
Net Amount Due
Affected Taxing
Agency Prior to
Subordination
33607.5, 33607 7
M
Amount of Pass
Through
Payments
Deferred Per
Subordination
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•••• -•,.....P,
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Payments
Made Detail
..__,
11
12
Subordination - AB 1290 Only
Pass -Through
Payments
Required, Net of
Deferrals (Memo
Only)
Payments Actually Made
Property Fax
Share of Local
Education
Agency
Pa ments
Non Basic Ald
Basic Ald Only
Subordination Payments Only
13
Properly Tax
Share of
Subordination
(LEAs Only)
Facilities Share
of (LEA) or Other
Agency Share of
Subordination
Dale Deferred
Payments Will
be Made or Were
Made
33607.5, 33607.7
Current
Obligation
Pass -Through
Cash Payments
Through
June 30, 2009
Date Last
Payment
Reporied in
Column U was
Made
33607,5, 33607.7
Current
Obligation
Payments Made
Between
July 1, 2009 and
October 1, 2009
Date Last
Payment
Reported in
Column W was
Made
Prior Year
Overpayments
Applied Against
Current Year
Obligation
Facilities (LEA
Only) or Other
Agency Portion
of Prior Year
Overpayments
Applied Against
Current Year
Obligation
Basic -Aid 33676
Current
Obligation Pass
Through
Payments
Property Tax
Share of
Subordination
Payments for
Prior
Su rdinalns
Facilities Share of
(LEA) or Other
Agency Share of
Subordinetion
Payments for
Prior
Subordination
Non Basic -Aid
33607.5, 33607.7
Unpaid
Obligation
14
18
20
21
2
2
26
27
20
2
Jo
32
33
3
.----,
3839
4
4
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53
54
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56
57
2,165 DO
#011//01
265
3299
AGENDA ITEM 5 .
October 15, 2009
TO: The Honorable Mayor and Members of the City Council
FROM: Mike Emberton, Public Works Director
Via Barry Mulcock, Public Works Streets Supervisor
SUBJECT: Presentation of H1N1 Flu Awareness
DETAILS:
Riverside County Department of Public Health will provide a brief overview of the
recent outbreak of the H1N1 Flu virus, vaccine availability, and preventative
measures. A representative from the Department of Public Health Office of Dr
Eric K Frykman, MD, MBA, will be performing the presentation. Below is a brief
overview of the mentioned program.
H1N1 Virus (swine flu):
The State of California and Riverside County in general, has experienced a
substantial number of reported cases of individuals infected with the H1N1 virus.
A considerable percentage of these H1N1 cases are fatal, mostly in pregnant
women, young children, or older adults — 65 years and older, The City of San
Jacinto is interested in the pertinent information and prevention of such viruses
that will affect our residents, businesses, employees, and safety personnel.
Importantly, it is the determination of the City of San Jacinto to assist and work
collaboratively with all health organizations in the prevention of such epidemics.
The presentation will inform our Council members and staff of prevention and
infection projections on a countywide basis, including vaccination availability and
disbursement.
FISCAL IMPACT:
None
ATTACHMENTS:
None
Page 1 of 1
AGENDA ITEM .5-2
October 15, 2009
TO: The Honorable Mayor and Members of the City Council
FROM: Barry McClellan, City Clerk
SUBJECT: Calendar Dates for City Council and Redevelopment Agency
Meetings during November and December
RECOMMENDATION:
Staff recommends that the City Council, by motion, direct staff as desired.
DISCUSSION:
The second meeting in November will be on the 19th, which is exactly five days
before the Thanksgiving holiday. City Hall will now be closed Wednesday,
November 25th and Thursday, November 26th, as well as, Friday, November 27t .
Therefore, City staff would have no time between council meetings to prepare the
December 3r`t agenda items, which would be due on Tuesday, November 24th
and allow time for approval and production of the agendas.
Also, staff recommends the December 17th meeting be adjourned to the first
meeting in January, 2010 because of the holidays. In the past three years the
city council and redevelopment agency have been dark for the second meeting in
December.
The first meeting in December, which would be December 3`d, could be
adjourned to December 10th and would still allow Planning Commission to meet
on December 3`d or December 17th. Since the city council and redevelopment
agency have gone dark on the second meeting the last three years, this is a
viable option. The first meeting in January 2010 is on the 7th and would not be
impacted by adjusting the meeting date from December 3rd to December 10th.
Page 9 of 2
ALTERNATIVES:
1) Adjourn the December 3, 2009 meeting, to the 10th; thereby movin the
planning commission meeting to either the first or third Thursdays (3` and
17th) respectively
2) Keep the December 3rd and 17th meetings as scheduled
FISCAL IMPACT:
None
ATTACHMENTS:
• Calendar pages for November, December, January
Page 2 of 2
November 2Q�9
November 2009
5 M. T W T F 5
1 2 3 4 5 6 "7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 29" .25 26 27 28
29. 30
December 2009
S "M "T W T F S
1 2 3 4 5
6 7 "8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
Monday Tuesday Wednesday
9 10
24
Thursday
Friday Sat/Sun
13
18 19 20
25 26
27
November 1
14
15
21
22
28
29
December 2009
December 2009
S M TWTFS
January 2010
SMTW T F 5
1 2 3 4. 5 1 2
6 7 , 8 9 10 11 12 3 4, 5 6 7 8. ' 9
13 14 15 16 17 18 19 10 11 12 1314 15 16
20 21 22 . 23 24 25 26 17 18 19 20 21 22 23
27 28 29 30 -31 24 25 26 27 28 29 30
31
20
4 6 7 8 '9
10 11 12" 13 14 15 16
17 18 19 21 22 23
31
24 25 26 27 28. 29.. 30
February 2010
T W T F
2 =3 4 5" 6
7 P 8 9 :30 I1 12 13
19 15 16 17'18 19`. 20
21 22 23 :24 25 ;26 27
January 1, 2010_
29.
Sat/Sun'
30
g'' ;
AGENDA ITEM RDA 5.3
October 15, 2009
TO: The Honorable Mayor and Members of the Redevelopment Agency
FROM: Tim Hults, Assistant City Manager
SUBJECT: Consideration of approval of Resolution approving the proposed
Preliminary Report, Draft Owner Participation Rules and Draft
Method of Relocation for the proposed Amended and Restated
Redevelopment Plan for the Merged San Jacinto Redevelopment
Project Area
RECOMMENDATION:
Staff recommends that the Redevelopment Agency approve the Resolution and
authorize staff to make available the Preliminary Report, Draft Owner
Participation Rules and Draft Method of Relocation prepared in connection with
the proposed Amended and Restated Redevelopment Plan for the Merged San
Jacinto Redevelopment Project Area.
BACKGROUND:
The Agency currently has two separate redevelopment project areas known as
the San Jacinto Redevelopment Project Area, and the Soboba Springs
Redevelopment Project Area (collectively, the "Existing Project Areas" or "Project
Areas"). The San Jacinto Redevelopment Project Area was originally adopted
June 28, 1983, and subsequently amended six times. The Soboba Springs
Redevelopment Project Area was adopted on December 28, 1983, and has been
amended once for compliance with changes in the Redevelopment Law.
The Agency's authority to use eminent domain in the Soboba Springs and San
Jacinto Project Areas expired in 1995 and 2005, respectively. The
Redevelopment Plan for the original San Jacinto Redevelopment Project Area,
as adopted in 1983, is effective until June 28, 2023. The Redevelopment Plan
for the area added to the San Jacinto Redevelopment Project Area by
Amendment No. 1 is effective until December 28, 2033. The effective time
period of the Redevelopment Plan for the Soboba Springs Redevelopment
Project Area expires on November 1, 2028. The Agency has initiated the
process to consider the following actions:
Page 1 of 5
1. Amend the existing Redevelopment Plans for the San Jacinto
Redevelopment Project to merge it with the Soboba Springs
Redevelopment Project Area for financial reasons. More specifically,
amending the Redevelopment Plans for the existing San Jacinto and
Soboba Springs Project Areas to combine the tax increment and
outstanding bonded limit so that the tax increment and outstanding
bonded indebtedness limits for the proposed Merged Project Area are
those previously established for the existing San Jacinto Project Area.
This amendment will have the effect of increasing both the tax increment
and outstanding bonded indebtedness limits for the Soboba Springs
Project Area;
2, Update and expand the capital improvement projects list for the proposed
Merged San Jacinto Redevelopment Project;
3, Adopt a single Merged, Amended and Restated Redevelopment Plan to
cover the proposed Merged Project Area; and
4. Re -instate eminent domain authority in the San Jacinto Project Area for a
12 year period commencing with the , effectiveness of the ordinance
adopting the Amended and Restated Redevelopment Plan (if adopted),
with the prohibition that the Agency cannot acquire by eminent domain
any single family owner occupied home pursuant to Section 19 of Article 1
of the State of California Constitution (Proposition 99). (Eminent domain
authority will be applicable within the Existing San Jacinto Project Area
and not in the Soboba Springs portion of the Merged Project Area.
5. Eliminate the time limit to incur debt for the Soboba Springs
Redevelopment Project pursuant to SB211 Statutes of 2002; and
6. Adopting a single Merged, Amended and Restated Redevelopment Plan
to cover the proposed Merged Redevelopment Project Area.
DISCUSSION:
As indicated above, the Redevelopment Agency has undertaken steps to amend
and merge the San Jacinto and Soboba Springs Redevelopment Project Areas.
To this end, a draft Amended and Restated Redevelopment Plan for the Merged
San Jacinto Redevelopment Project was prepared and approved by the Agency
on July 2, 2009. The California Community Redevelopment Law, California
Health and Safety Code 33000 et seq. ("Redevelopment Law") requires that the
Redevelopment Agency prepare a Preliminary Report containing various
sections such as the reasons for amending the project areas and a description of
physical and economic blighting conditions remaining in the project areas.
Page 2 of 5
The Redevelopment Law also requires the following:
1) the adoption of rules governing participation for property owners, operators of
businesses, and business tenants including provisions to extend reasonable
preferences to persons engaged in business ("Owner Participation Rules") in the
merged San Jacinto and Soboba Springs Redevelopment Project Area ("Merged
Project Area"); and
2) preparation of a feasible method or plan for the relocation of families or
persons that may be temporarily or permanently displaced from housing facilities
in the ("Merged Project Area"), and for nonprofit local community institutions to
be temporarily or permanently displaced from the facilities actually used for the
institutional purposes in the Merged Project Area ("Method of Relocation").
Both the Owner Participation Rules and Method of Relocation are in draft form,
with the final versions of the documents scheduled for adoption in June 2010.
The attached Redevelopment Agency Resolution approves these documents and
authorizes staff to make the documents available for public inspection and
review. The resolution also directs staff to complete transmittals required by the
Redevelopment Law.
Preliminary Report
The Redevelopment Law requires the preparation of a Preliminary Report
containing the following information:
1. Reasons for the amendments/merger;
2. Description of physical and economic conditions remaining in the project
areas;
3. Urbanization analysis;
4. Preliminary Assessment of the proposed method of financing the
redevelopment of the project area, including an assessment of the
economic feasibility of the project and the reasons for the continued use of
tax increment financing and the proposed increase in tax increment and
bonded indebtedness caps; and
5. Description of proposed projects proposed by the Agency and how these
projects will address continued redevelopment of the Merged Project
Area.
The Preliminary Report will be transmitted to all affected taxing entities pursuant
to Redevelopment Law Section 33344.5 and 33344.6.
Page 3 of 5
Owner Participation Rules
In general, owner participation rules provide property owners with a reasonable
method to identify their interest in owner participation and redevelopment of their
property as well as set a procedure by which the owner may submit development
proposals to an agency. Such rules set up a process by which owner's
proposals are given timely consideration by a redevelopment agency and sets
standards for the submittal of complete proposals by owners.
Agency staff is proposing that instead of maintaining the three separate and
outdated Owner Participation Rules applicable to original San Jacinto
Redevelopment Project Area, the area added to the San Jacinto Redevelopment
Project by the 1996 amendment, and the Soboba Springs Redevelopment
Project Area, it is prudent to adopt a new, single set of Owner Participation
Rules. The proposed Owner Participation Rules would to be applicable to the
Redevelopment Plan for the Merged San Jacinto Redevelopment Project Area.
Agency staff and consultant have prepared updated "Owner Participation Rules
for Property Owners, Operators of Businesses, and Business Tenants" in
accordance with Section 33345 of the Redevelopment Law.
Method of Relocation
Section 33411 of the Redevelopment Law requires that all redevelopment
agencies must prepare a feasible method or plan for the relocation of families or
persons to be temporarily or permanently displaced from housing facilities, and
for nonprofit local community institutions temporarily or permanently displaced
from the facilities actually used for the institutional purposes in a redevelopment
project area. Therefore, the Agency is required to approve and adopt a feasible
method or plan of relocation for the Merged Project Area in order to comply with
the provisions of the Redevelopment Law.
The Agency currently has three separate Methods of Relocation applicable to the
original San Jacinto Redevelopment Project Area, the area added to the San
Jacinto Redevelopment Project by the 1996 amendment, and the Soboba
Springs Redevelopment Project Area. Due to the fact that these project areas
are being merged, and that the documents prepared at the time each area was
adopted are likely obsolete and require updating, one current Method of
Relocation has been prepared to supersede and replace all previous documents.
While it is not anticipated at this time that the Agency will undertake a project
that would require relocation of residents or businesses, it may be necessary at
some time in the future. If relocation activities are necessary and are
undertaken, the Agency would handle those on a case -by -case basis and
pursuant to all applicable laws.
Page 4 of 5
The proposed new Method or Relocation provides (as required by Section
33411.1 of the Redevelopment Law) that the Agency shall not displace persons
or families of low- and moderate -income unless and until there is a suitable
housing available and ready for occupancy by the displaced person or family at
rents comparable to those at the time of their displacement. Further, relocation
housing must be decent, safe, sanitary and suitable to their individual needs;
located in areas not less desirable than the Merged Project Area; with
comparable access to public utilities and commercial facilities. The relocation
area must also be reasonably accessible to their places of employment and
priced within their financial means.
The proposed new Method of Relocation also requires the Agency to adhere to
the State Relocation Law (Govemment Code 7260 through 7277) and follow the
California Relocation Assistance and Real Property Acquisition Guidelines
("State Guidelines") as established in the California Code of Regulations, Title
25, and Chapter 6.
ALTERNATIVES:
• Adopt the attached Resolution, a Resolution of the Redevelopment
Agency of the City of San Jacinto approving the Preliminary Report, Draft
Owner Participation Rules and the Draft Method of Relocation for the
Proposed Amended and Restated Plan for the Merged San Jacinto
Redevelopment Project Area and Directing that such Documents be Made
Available for Public Inspection, Review and Comment
• If the City Council elects not to pursue the merger of the San Jacinto and
Soboba Springs Redevelopment Project Areas, the resolution is not
required.
FISCAL IMPACT:
There is no fiscal impact with the adoption of the resolution and approving the
Preliminary Report, the Draft Owner Participation Rules and the Draft Method of
Relocation.
ATTACHMENTS:
■ Resolution No.
■ Preliminary Report
■ Draft Owner Participation Rules
■ Draft Method of Relocation
Page 5of5
lv
STATE OF CALIFORNIA ) ORESOLUTION NO.
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN JACINTO, CALIFORNIA, APPROVING THE PRELIMINARY REPORT,
DRAFT OWNER PARTICIPATION RULES AND THE DRAFT METHOD OF
RELOCATION FOR THE PROPOSED MERGER AND AMENDMENTS TO THE
SAN JACINTO AND SOBOBA SPRINGS REDEVELOPMENT PLANS AND
DIRECTING THAT SUCH DOCUMENTS BE MADE AVAILABLE FOR PUBLIC
INSPECTION, REVIEW AND COMMENT
WHEREAS, the Redevelopment Agency of the City of San Jacinto ("Agency")
has prepared an Amended and Restated Plan for the Merged San Jacinto
Redevelopment Project Area ("Merged Plan"); and
WHEREAS, Section 33344.5. of the California Community Redevelopment Law,
Health and Safety Code Section 33000, et. seq. ("CRL") requires the Agency to transmit
a Preliminary Report on the proposed Merged Plan to all affected taxing entities within
the Merged San Jacinto Redevelopment Project; and
WHEREAS, the CRL provides that the Agency shall adopt rules to implement the
operation of business reentry preference in connection with the Amended and Restated
Plan for the Merged San Jacinto Redevelopment Project Area ("Merged Project Area")
and prepare a feasible method for relocation of families or persons relocated; and
WHEREAS, the CRL Section 33345 provides that the Agency shall adopt and
make available for public inspection rules to implement the operation of owner
participation in connection with the Amended Plan; and
WHEREAS, CRL Section 33411 provides that the Agency shall prepare a
feasible method or plan for relocation of all of the following:
A. Families and persons to be temporarily or permanently displaced from
housing facilities in the project area; and
B. Nonprofit local community institutions to be temporarily or permanently
displaced from facilities actually used for institutional purposes in the
project area; and
WHEREAS, CRL Section 33352(f) requires that the Report submitted to the City
Council in connection with the Merged Plan include a method or a plan for relocation of
families and persons to be temporarily or permanently displaced from the Merged
Project Area; and
WHEREAS, the Agency desires to accept and approve the Preliminary Report,
Draft Owner Participation Rules and Draft Method of Relocation applicable to the
Merged Project Area.
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the
Redevelopment Agency of the City of San Jacinto that:
SECTION 1. The Preliminary Report on the Amended and Restated
Redevelopment Plan for the Merged San Jacinto Redevelopment Project, Draft Owner
Participation Rules and Draft Method of Relocation are attached as Exhibit A, Exhibit B
and Exhibit C respectively, and by reference made a part hereof, are hereby approved.
SECTION 2. The Executive Director of the Agency shall make the Preliminary
Report, Draft Owner Participation Rules and Draft Method of Relocation for the Merged
San Jacinto Redevelopment Project Area available for public inspection, review and
comments.
SECTION 3. Staff is authorized and directed to make such transmittals as may
be required pursuant to Sections 33344.5 and 33451.5 of the CRL.
SECTION 4. Staff is hereby authorized to prepare a Report to City Council and
the final text of the Amended and Restated Redevelopment Plan and other documents
as required by Section 33352 and 33485 -33489 of the CRL.
PASSED, APPROVED and ADOPTED this 15th day of October, 2009 by the
following vote:
Ayes:
Nays:
Absent:
Abstain:
City of San Jacinto
by Dale Stubblefield, Mayor
ATTEST:
Barry McClellan, City Clerk
EXHIBIT A
PRELIMINARY REPORT ON THE
AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE
MERGED SAN JACINTO REDEVELOPMENT PROJECT AREA
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
Preliminary Report for the Amended and
Restated Redevelopment Plan for the Merged
San Jacinto Project Area (Amendment 7 to the
Redevelopment Plan for the San Jacinto Project
Area and Amendment 2 to the Redevelopment
Plan for the Soboba Springs Project Area)
September 21, 2009
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
TABLE OF CONTENTS
INTRODUCTION 1
Introduction 1
Report Contents 4
Plan Amendment Process 4
SECTION A.
REASONS FOR THE AMENDMENTS 6
Project Area Location & Description 6
Reasons for Amending the Redevelopment Plan 7
SECTION B
DESCRIPTION OF THE PHYSICAL & ECONOMIC
CONDITIONS EXISTING IN PROPOSED MERGED PROJECT AREA 10
Background 10
"Old" Blight Definition 14
"New" Blight Definition 15
Physical Blight 16
Economic Blight 16
Study Approach & Methodology 17
Physical Blighting Conditions in San Jacinto Project Area 17
Dilapidation and Deterioration 20
Building Age and Lead Based Paint 36
Poorly Constructed Additions /Substandard Exterior Building Materials 38
Outdoor Storage/Garbage/Debris 41
Economic Blighting Conditions in San Jacinto Project Area 44
Physical and Economic Conditions in the Soboba Springs Project Area 47
SECTION C
DETERMINATION AS TO WHETHER
PROPOSED MERGED PROJECT AREA IS PREDOMINANTLY URBANIZED 51
RSG
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
SECTION D
PRELIMINARY ASSESSMENT OF THE PROPOSED METHOD OF
FINANCING, INCLUDING THE ECONOMIC FEASIBILITY OF THE
AMENDMENTS & REASONS FOR THE CONTINUED INCLUSION
OF TAX INCREMENT AND THE PROPOSED INCREASE IN TAX
INCREMENT AND BONDED INDEBTEDNESS CAPS 52
Sources Available to the Agency for Financing Redevelopment 52
Tax Increment Projections 54
Proposed Projects 59
Need to Merge Tax Increment Limit 59
Need to Merge Bonded Indebtedness Limit 60
Nexus Between Blight, Projects and Amended/Merged Limits 60
Summary 60
SECTION E
DESCRIPTION OF THE SPECIFIC IMPROVEMENT PROJECTS
THE AGENCY MAY PURSUE & DESCRIPTION OF HOW POTENTIAL
PROJECTS WILL ADDRESS CONTINUING REDEVELOPMENT OF
PROPOSED MERGED PROJECT AREAS 62
Overview 62
Community Development Programs 62
Public Infrastructure/Facility/Utility Improvements 64
Low- / Moderate- Affordable Housing Programs 69
RSG
Introduction 1
INTRODUCTION
The Redevelopment Agency of the City of San Jacinto ("Agency') has initiated the redevelopment plan
amendment process to merge and amend the redevelopment plans for the San Jacinto Project Area and
Soboba Springs Redevelopment Project Areas.
The San Jacinto Redevelopment Project Area was originally adopted June 28, 1983. It has been amended six
times. Amendment 1 was adopted on December 28, 1993, to add territory to the project area ("Amendment
Area"). Amendment 2 was adopted on December 23, 1994, to accommodate changes in the California Health
and Safety Code Section 33000, et. seq. ("Redevelopment Law"). Amendment 3 was adopted on February
20, 1996, to delete certain areas from the project area. Amendment 4 was adopted on April 7, 2005 to
eliminate the time limit to incur indebtedness for the portion of the San Jacinto Redevelopment Project Area
adopted in 1983 ("Original Area"). Amendments 5 and 6 were adopted on April 21, 2005 to extend the term of
the Redevelopment Plan and the time limit to collect tax increment revenue for the Original Area pursuant to
Sections 33681.9 and 33681.12 of the Redevelopment Law. The Soboba Springs Redevelopment Project
Area was adopted on December 28, 1983. Amendment 1 was adopted on November 1, 1994 to
accommodate changes in the Redevelopment Law.
As proposed, Amendment 7 to the Redevelopment Plan for the San Jacinto Project Area and Amendment 2
to the Soboba Springs Project Area ("Amendments") would accomplish the following:
1) Amend the existing Redevelopment Plans for the San Jacinto and Soboba Springs Redevelopment
Projects to merge the project areas for financial reasons. More specifically, amending the
Redevelopment Plans for the existing San Jacinto and Soboba Springs Project Areas to combine the
tax increment and outstanding bonded limit so that the tax increment and outstanding bonded
indebtedness limits for the Proposed Merged Project Area are those previously established for the
existing San Jacinto Project Area. This amendment will have the effect of increasing both the tax
increment and outstanding bonded indebtedness limits for the Soboba Springs Project Area;
2) Update and expand the capital improvement projects list for the San Jacinto and Soboba Springs
Redevelopment Projects;
3) Adopt a single Merged, Amended and Restated Redevelopment Plan to cover the Proposed Merged
San Jacinto Redevelopment Project Area;
4) Re -instate eminent domain authority in the existing San Jacinto Project Area for a 12 year period
commencing with the effectiveness of the ordinance adopting the Amended and Restated
Redevelopment Plan (if adopted), with the prohibition that the Agency cannot acquire by eminent
domain any single family owner occupied home pursuant to Section 19 of Article 1 of the State of
California Constitution (Proposition 99). (Eminent domain authority will be applicable within the
Existing San Jacinto Project Area and not in the Soboba Springs portion of the Merged Project Area);
5) Eliminate the time limit to incur debt pursuant to SB211 Statutes of 2002; and
6) Adopt a single Merged, Amended and Restated Redevelopment Plan to cover the Proposed Merged
San Jacinto Redevelopment Project Area.
The Amendments are being prepared in conformance with Redevelopment Law.
Table i-1 on the following page summarizes the existing time and financial limits for the San Jacinto
Redevelopment Project Area:
SG 1
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Existing Redevelopment Plan Time and Financial Limits Table 1-1
San Jacinto Redevelopment Agency
Redevelopment Area
Time Limitations Financial Limitations
Eminent Incur New Plan
Domain Debt Duration
Tax Increment Total Tax Total Outstanding
Collection Increment Debt
San Jacinto Project Area
Original Area .Expired Eliminated' 6/28/20252
Amendment Area Expired 12/28/2013 12/28/2033
Soboba Springs Project Area Expired 12/27/2008 12/27/2028
6/28/20352
$ 2,699,000,000 $ 408,000,000
12/28/2043
12/27/2038 $5,000,000 $5,000,000
Source: San Jacinto Redevelopment Agency
'On April 7, 2005, City Council and Agency adopted Amendment No. 4 (Ordinance No. 05-07), which pursuant to SB 211 Statutes at 2002 eliminated
the time limit to incur debt. Time limit to incur debt is time limit on plan duration.
2 City Council and Redevelopment Agency approved Ordinance Nos. 5-10 and 05-11 on April 21, 2005. Pursuant to SB 1045, (Statutes of 2003) the
City Council may extend by one year the term of the Redevelopment and period to collect tax increment in return for making 2003-2004 and 2004-05
ERAF payments.
* Section 700.80 Financing Limitations in the Soboba Springs Redevelopment Plan establishes a limitation of $5 million of taxes, which may be
divided and allocated to the Agency.
**Section 700.80 Financing limitations in the Soboba Springs Redevelopment Plan establishes a limitation of $5 million on the amount of bonded
indebtedness, which can be outstanding at one time without an amendemnt to the Plan.
Table i-2 summarizes the Proposed Merged Project Areas' time and financial limitations as proposed by the
Amendments to merge the San Jacinto and Soboba Springs Project Areas ("Proposed Merged Project Area").
Existing Redevelopment Plan Time and Financial Limits Table 1-2
San Jacinto Redevelopment Agency
Redevelopment Area
Time Limitations Financial Limitations
Eminent Incur New Plan
Domain Debt Duration
San Jacinto Project Area
Original Area 10/1/2022' Eliminaled2 6/28/20253
Amendment Area 10/1/20221 12/28/2013 12/28/2033
Soboba Springs Project Area Expired
Eliminated° 12/27/2028
Tax Increment Total Tax Total Outstanding
Collection Increment Debt
6/28/20353
12/28/2043
12/27/2038
$ 2,700,000,000 $ 413,000,000
Source: San Jacinto Redevelopment Agency
'Estimated date. Actual date will be 12 years from the effective date of ordinance adopting amendments.
`On April 7, 2005, City Council and Agency adopted Amendment No. 4 (Ordinance No. 05-07), which pursuant to 38 211 Statutes of 2002 eliminated
the time limit to incur debt.
'City Council and Redevelopment Agency approved Ordinance Nos. 5-10 and 05-11 on April 21, 2005. Pursuant to SB 1045, (Statutes of 2003) the
City Council may extend by one year the term of the Redevelopment and period to collect tax Increment In return for making 2003-2004 and 2004-05
ERAF payments.
4 Proposed Amendment pursuant to SB 211 Statutes of 2002 to eliminate the time limit to incur debt. Time limit to establish debt is time limit on Plan
duration.
The proposed Amendments will enable the Agency to more effectively implement redevelopment projects and
activities eliminating blighting conditions within the Proposed Merged Project Area by amending the tax
RSG 2
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
increment cap and bonded indebtedness limits. Receipt of additional tax increment revenue and increased
bonding capacity provides additional capital to implement blight eliminating projects and programs. These
projects include upgrading and improving public infrastructure, working toward the continued enhancement of
property values, enabling economic revitalization of commercial and industrial enterprises, land
acquisition/assembly, existing and future programs and increasing, improving, and preserving the supply of
affordable housing in both Project Areas.
Finally, pursuant to Redevelopment Law Section 33485, mergers of project areas are desirable as a matter of
public policy if they result in substantial benefit to the public and if they contribute to the revitalization of
blighted areas through the increased economic vitality of those areas and through increased and improved
housing opportunities in or near such areas. Merging the San Jacinto and Soboba Springs Project Areas will
achieve the desired results described by Redevelopment Law Section 33485 by enabling the Agency to better
implement blight -reducing redevelopment projects and programs, and to increase affordable housing
opportunities through the use of tax increment attributable to the entire Proposed Merged Project Area.
AGENCY ACCOMPLISHMENTS
In keeping with the goals and objectives of the existing project areas, the Agency has funded a number of
housing, public safety, infrastructure, urban design, and economic and community development projects. By
increasing financial limits the Agency will continue to retain the proper tools to further Implement blight
reducing projects and programs. The Agency's accomplishments within the Existing Project Areas during the
five year period preceding the adoption of the update to the 2005-2009 Implementation Plan for the San
Jacinto and Soboba Springs Redevelopment Project Area include:
San Jacinto Project Area
• Virginia Lee Project
■ Main Street Improvement Plans
• Business Development Loan — Precision Concepts
■ Commercial Fapade Grants/Loans — Miller Jones, Maggie's American Legion building, and
National Scent
• La Entrada Median
• General Plan Update
■ Estudillo Mansion — Porch and Balcony Restoration
• Ramona Expressway/Sanderson Waterline and Sewer Project
• Ramona Expressway sidewalk project
• Buena Vista Street improvements
• Property Sale — 915 Industrial Way and former Tony's Sea Landing building
• Economic Development Market Materials
• Ramona/Taquitz Curb and Gutter
Soboba Springs Project Area
• Lake Park Bridge improvements
• Lake Park wall construction
• Lake Park improvements
RSG 3
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
REPORT CONTENTS
This Preliminary Report has been prepared by the Agency in accordance with Redevelopment Law Section
33344.5 and contains the following:
Section A. Reasons for the Amendments;
Section B. Description of the Physical & Economic Conditions Existing in Proposed Merged
Project Area;
Section C. Determination as to Whether Proposed Merged Project Area is Predominantly
Urbanized;
Preliminary Assessment of the Proposed Method of Financing, Including the Economic
Section D. Feasibility of the Amendments & Reasons for the Continued Inclusion of Tax Increment
and the Proposed Increase in Tax Increment and Bonded Indebtedness Caps;
Section E.
Description of the Specific Improvement Projects the Agency May Pursue &
Description of How Potential Projects Will Address Continuing Redevelopment of
Proposed Merged Project Areas.
PLAN AMENDMENT PROCESS
This Preliminary Report is one of several documents the Redevelopment Law requires the Agency to prepare
during the amendment process, and is intended to aid the general understanding of the Amendments. Over
the next several months, the City Council, the Agency Board, Planning Commission, affected taxing agencies,
and the community -at -large will have an opportunity to study and comment on the Amendments.
Section 33354.6(a) of the Redevelopment Law requires that an agency proposing a redevelopment plan
amendment to increase the limitation on the number of dollars to be allocated to the redevelopment agency or
to merge project areas shall follow the same procedure, and the legislative body Is subiect to the same
restrictions, as when adopting a new redevelopment plan. Furthermore, Redevelopment Law Section
33354.6(b) specifies that when an agency proposes to increase the tax increment cap, or in this case merge
the tax increment caps for both the San Jacinto and Soboba Springs Project Area making the merged cap
equal to that of the existing San Jacinto Project Area, thereby increasing the tax increment limit for the
Soboba Springs Project Area, the agency's Report to Council prepared pursuant to Redevelopment Law
Section 33352 shall describe and identify the following:
• The remaining blight within the project area (in this case the Proposed Merged Project Area);
• Identify the portion, if any, that is no longer blighted;
• The projects that are required to be completed to eradicate the remaining blight; and
• The relationship between the costs of those projects and the amount of increase in the limitation
on the number of dollars to be allocated to the agency.
The Agency will send a copy of this Preliminary Report, the draft Amended Redevelopment Plan for the
Merged San Jacinto Project Area ("Amended Plan"), and the draft Environmental Impact Report on the
Amendments ("EIR") to all potentially affected taxing entities. The Planning Commission will also receive the
Amended Plan and EIR. All potentially affected taxing entities will be invited to consult with the Agency
regarding the Amendments and the Agency will incorporate comments from these consultations into the
Agency's Report to the City Council. In addition, the draft EIR will be circulated for public comment in
accordance with the requirements of the California Environmental Quality Act. In accordance with
RSG
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Redevelopment Law Section 33488, the Agency will notify the Department of Housing and Community
Development of its intention to merge the project areas no later than 30 days prior to the adoption of the
ordinance approving the Amendments. The Report to the City Council prepared by the Agency pursuant to
Redevelopment Law Section 33352, the final EIR, and the final Amended Plan will be considered by the
Agency Board and the City Council at a joint public hearing. All property owners, residents, business owners,
and affected taxing entities in the San Jacinto Proposed Merged Project Area will receive notice of this public
hearing by mail and through the publication of public notices in the local newspaper.
RSG 5
SECTION A
Reasons for the Amendments
PROJECT AREA LOCATION & DESCRIPTION
The Merged San Jacinto Project Area, comprised of the existing San Jacinto and Soboba Springs Project
Areas, is generally located within the City boundaries, in eastern Riverside County, California.
The San Jacinto Project Area is generally located in the center of the city limits of the City of San Jacinto
(''City") along State Street and San Jacinto Avenue. The San Jacinto Project Area also includes several non-
contiguous subareas, including a subarea south of Midway Street, a subarea north of Cottonwood Avenue
between Sanderson Avenue and Lyon Avenue, a subarea including parcels south of Ramona Expressway In
the vicinity of Sanderson Avenue, two subareas along Ramona Boulevard, and a subarea on Soboba Road.
The San Jacinto Project Area is approximately 3,440 acres and is comprised of commercial and residential
land uses.
The Soboba Springs Project Area is located in the eastern portion of the City in the vicinity of Soboba Road
and Main Street. The Soboba Springs Project Area is approximately 465 acres and is comprised of residential
and recreational uses and vacant land. A map of the Project Areas is provided as Exhibit A-1.
Table A-1 shows the types of land uses within the Project Areas by acreage.
Land Uses Table A-1
Proposed Merged San Jacinto Project Area
Land Use Lot Acres
% of Total
Residential 2163.84
56.87%
Vacant 1060.6
27.88%
Commercial 186
4.89%
Industrial 108
2.84%
Unknown 79.84
2.10%
Agricultural 18
0.47%
Social 14
0.37%
Professional 9
0.24%
Office 9
0.24%
Recreational 5
0.13%
Institutional 2
0.05%
Golf Course 149.3
3.92%
Total 3804.58
100.00%
Source: MetroScan, First American CoreLogic, Inc.
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
MERGED SAN JACINTO REDEVELOPMENT PROJECT AREA EXHIBIT A•1
Legend
Ctty 6cuneary
Nlewd Proje twee
San Jainto Project Area
1771 ScbcCa Spmgs Prole,aF(ea
6 0.26 0.5
1.5
2
H H
Mks
REASONS FOR AMENDING THE REDEVELOPMENT PLAN
The Agency has made progress in eliminating blight throughout the existing Project Areas by actively
pursuing revitalization opportunities and assisting in redevelopment activities as allowed by the
Redevelopment Law. Unfortunately, blighting conditions still remain within the these Project Areas and the
proposed Amendments are necessary to continue the Agency's efforts in eliminating physical and economic
blight and attracting private investment to the Proposed Merged Project Area. Section B of this Preliminary
Report presents the remaining blighting conditions prevalent within the existing Project Areas. The following
discussion outlines the purposes of the Amendments and generally how they will better enable the Agency to
continue implementing projects to eliminate blight.
The Amendments will enable the Agency to more effectively implement redevelopment programs, capital
improvements, planning activities, commercial and residential rehabilitation, and to increase the overall
commercial viability of the properties within the Proposed Merged Project Area by accomplishing the
following:
1) Amend the existing Redevelopment Plans for the San Jacinto and Soboba Springs Redevelopment
Projects to merge the project areas for financial reasons. More specifically, amending the
Redevelopment Plans for the existing San Jacinto and Soboba Springs Project Areas to combine the
tax increment and outstanding bonded limit so that the tax increment and outstanding bonded
indebtedness limits for the Proposed Merged Project Area are those previously established for the
RSG
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
existing San Jacinto Project Area. This amendment will have the effect of increasing both the tax
increment and outstanding bonded indebtedness limits for the Soboba Springs Project Area;
2) Update and expand the capital improvement projects list for the San Jacinto and Soboba Springs
Redevelopment Projects;
3) Adopt a single Merged, Amended and Restated Redevelopment Plan to cover the Proposed Merged
San Jacinto Redevelopment Project Area;
4) Re -instate eminent domain authority in the existing San Jacinto Project Area for a 12 year period
commencing with the effectiveness of the ordinance adopting the Amended and Restated
Redevelopment Plan (if adopted), with the prohibition that the Agency cannot acquire by eminent
domain any single family owner occupied home pursuant to Section 19 of Article 1 of the State of
California Constitution (Proposition 99). (Eminent domain authority will be applicable within the
Existing San Jacinto Project Area and not in the Soboba Springs portion of the Merged Project Area);
5) Eliminate the time limit to incur debt pursuant to SB211 Statutes of 2002; and
6) Adopt a single Merged, Amended and Restated Redevelopment Plan to cover the Proposed Merged
San Jacinto Redevelopment Project Area.
If adopted, the proposed Amendment No. 7 to the San Jacinto and Amendment No. 2 to the Soboba Springs
Redevelopment Plans will improve the Agency's financial capacity. The merging of the tax increment cap and
bonded indebtedness limit for the San Jacinto and Soboba Springs Project Areas to make the combined cap
equal to that of the existing San Jacinto Project Area and essentially increasing the tax increment cap for the
Soboba Springs Project Area will provide the Agency with the needed resources from Soboba Springs to
utilize in the existing San Jacinto Project Area to ensure that blight removal activities are fully realized in the
existing San Jacinto Project Area. Although the Agency has implemented significant blight removing activities
within the existing Project Areas, many physical and economic blighting conditions remain in the San Jacinto
Project Area. With the additional financial capacity provided by the proposed Amendments, the Agency will
be better equipped to implement projects necessary to eradicate the remaining blight in the interest of the
general welfare of the community. It is also anticipated that redevelopment activities coordinated by the
Agency will provide additional employment opportunities and enhance the quality of life within the Proposed
Merged Project Area and the surrounding community.
Pursuant to Redevelopment Law Section 33344.5, Section D of the Preliminary Report provides detailed
information on the method of financing the redevelopment of the Proposed Merged Project Area, the
economic feasibility of the Amendments, and the reasons for continuing to include tax increment financing in
the San Jacinto and Soboba Springs. Additionally, Section D also describes the relationship between the
increasing or merging of the tax increment limit and the programs to be funded in order to eliminate any
remaining blight- all of which substantiate the need for creating a single tax increment cap and bonded
indebtedness limit for Proposed Merged Project Area. Property taxes attributable to each project area, which
are allocated to the Agency pursuant to Redevelopment Law Section 33670(b), may be allocated to the entire
Proposed Merged Project Area for the purpose of paying the principal of, and interest on, indebtedness
incurred by the Agency to finance or refinance, in whole or in part, the Proposed Merged Project Area, except
that any such taxes attributable to any constituent project area shall first be used to pay indebtedness in
compliance with the terms of any bond resolution or other agreements pledging such taxes from the
constituent project area. Making tax increment revenue available to the entire Proposed Merged Project Area
will result in substantial benefit to the public, by allowing the Agency to revitalize blighted areas thereby
improving the physical conditions of buildings and increasing the economic vitality of such areas. Without the
RSG 8
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
use of these redevelopment tools, the revitalization of the Proposed Merged Project Area would be much
more difficult to achieve.
The Amendments will also reinstate the Agency's authority to acquire real property by eminent domain (as a
last resort) in the existing San Jacinto Project Area only for a period not to exceed 12 years from the date of
adoption of the Amendments. It is important to note that the Agency will be prohibited from acquiring by
eminent domain any owner -occupied single family home pursuant to Section 19 of Article 1 of the State of
California Constitution (Proposition 99). Reinstating eminent domain is NOT proposed for the Soboba
Springs Project Area. Reinstating the Agency's eminent domain authority in the San Jacinto Project Area, as
allowed by Redevelopment Law, ensures that all the tools necessary to complete the redevelopment of the
San Jacinto Project Area are made available to the Agency.
Overall, the benefits of the Amendments would affect the immediate and long-range economic viability of the
Proposed Merged Project Area and the City as a whole. If implemented, the Amendments would provide the
needed resources to the Agency to ensure that blight removal activities are fully realized within the Proposed
Merged Project Area. Redevelopment activities will be subject to future review and approval by the City
Council, and/or other appropriate agencies, committees, and/or other interested parties as appropriate or
required by Redevelopment Law.
SG 9
SECTION B
Description of the Physical & Economic Conditions Existing in San
Jacinto and Soboba Springs Project Areas
BACKGROUND
Redevelopment Law Section 33344.5 requires a description of the physical and economic blighting conditions
present in the Proposed Merged Project Area. Documentation of the blighting conditions within the Existing
Project Areas was provided in the Agency's Reports to City Council ("Original Reports") prepared for each
constituent area of the existing project areas at the time of their adoptions. These Original Reports provided
information and documentation regarding the adverse and blighting conditions present in the existing project
areas. The ordinances adopting both project areas were also reviewed for a list of blighting conditions.
Before adopting ordinances approving the original Redevelopment Plans for San Jacinto and Soboba Springs
and the subsequent amendments thereto, the City Council reviewed the evidence provided in the Original
Reports and determined that the Existing Project Areas were blighted as required by Redevelopment Law
Section 33031. To this end, Redevelopment Law Section 33368 states that the 'decision of the legislative
body shall be final and conclusive, and it shall thereafter be conclusively presumed that the project area is a
blighted area as defined by Section 33031 and that all prior proceedings have been duly and regularly taken."
SAN JACINTO PROJECT AREA
The constituent areas of the San Jacinto Project Area were adopted over nearly a 30 year time period
spanning from 1983 with the adoption of the San Jacinto Redevelopment Project Area to the most recent
amendment in 2005. The San Jacinto Redevelopment Project Area was originally adopted June 28, 1983. It
has been amended six times. Amendment 1 was adopted on December 28, 1993, to add territory to the
project area. Amendment 2 was adopted on December 23, 1994, to accommodate changes in the
Redevelopment Law. Amendment 3 was adopted on February 20, 1996, to delete certain areas from the
project area. Amendments 4, 5, and 6 made certain changes to the redevelopment plan to either bring it into
compliance with, or make allowable changes to the plan pursuant to, various changes to the Redevelopment
Law.
Although the definition of blight contained in the Redevelopment Law has changed over that same time period
and more recently, the following paragraphs provide a snapshot as to the conditions present in one or more of
the constituent areas of the San Jacinto Project Area at the time of their adoption. Because the San Jacinto
Project Area is a large and diverse project area In terms of its building ages and land uses, various indicators
of physical and economic blight are present and to varying degrees of intensity. As detailed in the Original
Reports, the San Jacinto Project Area boundaries were generally selected because the varying physical and
economic conditions present in each of the constituent areas created an unsafe physical environment and
caused an unjust burden on the community. The causes of these conditions varied throughout the project
area.
Ordinance No. 754, adopting the original San Jacinto Project Area in 1983, identified the following conditions
of blight:
A. Undeveloped, unproductive or underdeveloped vacant land throughout the area, often littered with
debris or used for open storage of trash materials.
B. Inadequate street system to serve potential parking, circulation and loading demands.
C. Poor access to proposed commercial developments which encourages traffic to travel through
adjacent residential areas.
D. Residential land uses mixed with commercial and industrial uses not suitable for a safe and healthful
residential environment and business community.
E. Inadequate street lighting, lack of curbs and gutters and poor public improvements and facilities.
RSG 10
SAN JACINTO REDEVELOPMENT AGENCY
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F. Existence of substandard agricultural, industrial and commercial and residential structures and
incompatible uses throughout the area resulting in social and economic liability.
G. The need for additional public and private utilities in order to accommodate the development of
properties within the Project Area boundaries, including the need for additional water service, storm
drains and sewer facilities and for the development of fire protection and prevention facilities.
H. The lack or proper utilization of many properties within the Project Area boundaries resulting in
development constraints on a number of these properties, thus producing a stagnant and
unproductive condition of land which is otherwise potentially useful and valuable.
I. The unproductive use of land resulting from fragmented ownership of certain parcels of property
which are of peculiar development characteristics and/or miscellaneous sizes.
J. The unimproved, defective, and/or inadequate construction of street improvements and public/private
utilities within the Project area which has resulted from the uncoordinated development pattern of
certain of the properties within the Project Area.
K. The lack of adequate public facilities, including open space and other places of recreational activity,
which are necessary to serve the property within the Project Area boundaries.
L. The deterioration of many structures within the Project Area and the lack of development or
redevelopment within the Project Area which has resulted because of the inadequacy of the required
public facilities and services necessary to accommodate the redevelopment of the area in
cooperation with the private sector.
M. Mix and inefficient land utilization of the Central Business District resulting in a decline in the
economic solidarity of this business area and the Project Area, including inadequate parking facilities
and circulation networks.
N. A street pattern which is inadequate to provide for safe and efficient vehicular, pedestrian and bicycle
circulation.
O. The presence of vacant and viable industrial and commercial property whose development has been
impeded due to a community infrastructure system which is not designed and developed to a
standard acceptable for development.
P. The inadequate and/or inefficient use of the flood control channel and public utility easements which
traverse the Project Area boundaries and which increasingly became physical barriers and barren
parcels of property which physically blight the immediately adjacent properties and the remainder of
the properties within the Project Area
Q. The combination of social economic and physical adverse conditions in the Project Area which
contribute substantially and increasingly to the problem of, and necessitate excessive and
disproportionate expenditures for crime prevention, correction, prosecution and punishment, the
treatment of juvenile delinquency, the preservation of the public health and safety and the maintaining
of adequate police, fire and accident protection and other public services and facilities.
R. Inadequate planning of the freeways or major highways which traverse the Project Area, with the
corresponding failure to provide for the physical and social needs of those persons and properties
which are adjacent to, and in close proximity with, the freeways or major highways. In this regard it is
obvious that the noise, debris and other pollutants which are generated by the freeways or major
highways are blighting conditions which negatively impact the property within the Project Area.
Provision must be made to minimize or eliminate those conditions and to insure compatibility between
the properties adjacent to and in close proximity with, the freeways or major highways.
RSG 11
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
The Report to City Council for Amendment No. 1 to the San Jacinto Redevelopment Project Area, dated
December 1993, identifies the following blighting conditions in the area added to the San Jacinto
Redevelopment Project Area by Amendment No. 1:
A. Faulty exterior spacing
B. Irregular parcelization
C. Parcels laid out without regard to topography
D. Inadequate public improvements and facilities
E. Old and deteriorating structures
F. Mixed character and shifting of uses
SOBOBA SPRINGS PROJECT AREA
According to San Jacinto City Council Ordinance No. 767, adopted on December 27, 1983, conditions of
blight in the Soboba Springs Redevelopment Project Area at the time of adoption included:
A. "Undeveloped, unproductive and underdeveloped vacant land throughout the area, some of which are
littered with debris or used for open storage of junk -type materials.
B. Inadequate street and bridge systems to serve potential circulation demands.
C. Poor access to proposed developments which encourages traffic to travel through adjacent
residential areas and places severe constraints on emergency services.
D. Inadequate street lighting, lack of curbs and gutters and poor public improvements and facilities.
E. Existence of substandard agricultural and residential structures
F. The need for additional public and private utilities in order to accommodate the development of
properties within the Project Area boundaries, including the need for additional water service, storm
drains and sewer facilities, and for the development of police and fire protection and prevention
facilities.
G. The lack of proper utilitization of many properties within the Project Area boundaries resulting in
development constraints on a number of these properties, thus producing a stagnant and
unproductive condition of land which is otherwise potentially useful and valuable.
H. The unimproved, defective, and/or inadequate construction of street improvements and public/private
utilities within the Project Area which has resulted from the uncoordinated development pattern of
certain properties within the Project Area
I. The lack of adequate public facilities, including open space.
J. The deterioration of structures within the Project Area and the lack of development or redevelopment
within the Project Area which has resulted because of the inadequacy of the required public facilities
and services necessary to accommodate the redevelopment of the area in cooperation with the
private sector.
K. The presence of vacant and viable residential property whose development has been impeded due to
an infrastructure community system which is not designed and developed to a standard acceptable
for development.
L. A street pattern which is inadequate to provide for safe and effective vehicular, pedestrian, and
bicycle circulation.
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SAN JACINTO REDEVELOPMENT AGENCY
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M. The combination of social. Economic and physical adverse conditions in the Project Area which
contribute substantially and increasingly to the problem of, and necessitate excessive and
disproportionate expenditures for crime prevention, correction, prosecution and punishment, the
treatment of juvenile delinquency, the preservation of public health and safety and maintaining of
adequate police, fire, and accident protection, and other public services and facilities.
N. Inadequate planning of the provision of highways and bridges which traverse the Project Area with
the corresponding failure to provide for the physical and social needs of those persons and properties
which are adjacent to , and in close proximity with, these highways. Provision must be made to
minimize or eliminate these conditions.
O. The inability of the City and/or County to finance and construct a bridge over the San Jacinto River
which provides access/'egress to residential developments, recreational facilities and the Soboba
Indian Reservation. Without the bridge, properties in the Project Area will be precluded from
developing thereby creating an economic drain on the community and property owners."
REDEVELOPMENT LAW REQUIREMENTS
As stated in Section A of this Preliminary Report, the Agency wishes to complete the following amendments
to the San Jacinto and Soboba Springs Redevelopment Project Areas:
1) Amend the existing Redevelopment Plans for the San Jacinto and Soboba Springs Redevelopment
Projects to merge the project areas for financial reasons. More specifically, amending the
Redevelopment Plans for the existing San Jacinto and Soboba Springs Project Areas to combine the
tax increment and outstanding bonded limit so that the tax increment and outstanding bonded
indebtedness limits for the Proposed Merged Project Area are those previously established for the
existing San Jacinto Project Area. This amendment will have the effect of increasing both the tax
increment and outstanding bonded indebtedness limits for the Soboba Springs Project Area;
2) Update and expand the capital improvement projects list for the San Jacinto and Soboba Springs
Redevelopment Projects;
3) Adopt a single Merged, Amended and Restated Redevelopment Plan to cover the Proposed Merged
San Jacinto Redevelopment Project Area;
4) Re -instate eminent domain authority in the existing San Jacinto Project Area for a 12 year period
commencing with the effectiveness of the ordinance adopting the Amended and Restated
Redevelopment Plan (if adopted), with the prohibition that the Agency cannot acquire by eminent
domain any single family owner occupied home pursuant to Section 19 of Article 1 of the State of
California Constitution (Proposition 99). (Eminent domain authority will be applicable within the
Existing San Jacinto Project Area and not in the Soboba Springs portion of the Merged Project Area);
5) Eliminate the time limit to incur debt pursuant to SB211 Statutes of 2002; and
6) Adopt a single Merged, Amended and Restated Redevelopment Plan to cover the Proposed Merged
San Jacinto Redevelopment Project Area.
Section 33354.6(a) of the Redevelopment Law sets forth that the agency shall undertake the "full"
amendment process, or the same process required for a new redevelopment plan adoption, if a proposed
redevelopment plan amendment would do any one of the following; add new territory; increase either the
limitation on the number of dollars to be allocated to the redevelopment agency or the time limit on the
establishing of new debt; lengthen the period during which the redevelopment plan is effective, merge project
areas, or add significant additional capital improvement projects. Additionally, Redevelopment Law Section
RSG
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SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
33333.4(g)(2) states that an agency may extend the time limitation to utilize eminent domain by amendment
to the redevelopment plan after the agency finds, based on substantial evidence that: 1) significant blight
remains with the project area and 2) this blight cannot be eliminated without the use of eminent domain.
In order to merge project areas the Agency is required to identify the following:
1. Significant blight remaining within one of the project areas (Redevelopment Law Section
33486(a)(1)); and
2. This blight cannot be eliminated without merging the project areas and the receipt of property taxes
(Redevelopment Law Section 33486(a) (2).
When increasing the limitation on the number of dollars to be allocated to the redevelopment agency, or
increase the tax increment cap as the Agency proposes to do in Soboba Springs by merging the tax
increment caps for both the existing San Jacinto and Soboba Springs Project Areas to that of the existing San
Jacinto Project Area, Section 33354.6 of the Redevelopment Law states that the report required by Section
33352 of the Redevelopment Law (the Report to City Council to be prepared in early 2010) describe and
identify the following:
1. The remaining blight within the project area (or in this case the Proposed Merged Project Area);
2. The portion, if any, that is no longer blighted;
3. The projects required to eradicate the remaining blight; and
4. The relationship between the costs of those projects and the amount of increase in the limitation on
the number of dollars to be allocated to the Agency.
In connection with the reestablishment of eminent domain in the existing San Jacinto Project Area, the
Agency is also required to do the following:
1. Identify significant blight remaining in the San Jacinto Project Area (Redevelopment Law Section
33333.4(g)(2)(A)); and
2. Describe how this blight cannot be eliminated without the use of eminent domain (Redevelopment
Law Section 33333.4(g) (2) (B)).
This Preliminary Report provides a preliminary analysis of all the above -stated requirements based on data
collected and analyzed to date.
The Agency is not required to re -substantiate the existence of blight in the San Jacinto and Soboba Springs
Project Areas. Pursuant to Redevelopment Law Section 33368 as stated previously, it is conclusively
presumed that the San Jacinto and Soboba Springs Project Areas are blighted areas as defined by
Redevelopment Law Section 33031.
This Section B of the Preliminary Report describes the remaining physical and economic conditions existing in
the San Jacinto and Soboba Springs Project Areas.
BLIGHT DEFINITIONS
The definition of blight has been modified since the adoption of the original Redevelopment Plans for the San
Jacinto and Soboba Springs Project Areas. This section will present both the definition of blight at the time
the redevelopment projects were originally adopted and the current blight definition.
"Old" Blight Definition
According to the Report to City Council prepared in connection with Amendment No. 1 to the San Jacinto
Redevelopment Project Area, a "blighted area is one which is characterized by one or more of those
conditions set forth in Sections 33031 or 33032, causing a reduction of, or lack or, proper utilization of the
RSG 14
SAN JACINTO REDEVELOPMENT AGENCY
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area to such an extent that it constitutes a serious physical, social, or economic burden on the community
which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone."
"Section 33031. A blighted area is characterized by the existence of buildings and structures, used or
intended to be used for living, commercial, industrial, or other purposes, or any combination of such uses,
which are unfit or unsafe to occupy for such purposes and are conducive to ill health, transmission of disease,
infant mortality, juvenile delinquency, and crime because of any one or a combination of the following factors:
A. Defective design and character or physical construction.
B. Faulty interior arrangement and exterior spacing.
C. High density of population and overcrowding.
D. Inadequate provision for ventilation, light, sanitation, open spaces, and recreational facilities.
E. Age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses."
"Section 33032. A blighted area is characterized by properties which suffer from economic dislocation,
deterioration, or disuse because of one or more of the following factors which cause a reduction of, or lack of,
proper utilization of the area to such an extent that it constitutes a serious physical, social, or economic
burden on the community which cannot reasonably be expected to be reversed or alleviated by private
enterprise acting alone:
A. The subdividing and sale of lots of irregular form and shape and inadequate size for proper
usefulness and development.
B. The laying out of lots in disregard of the contours and other topography or physical characteristics of
the ground and surrounding conditions.
C. The existence of inadequate public improvements, public facilities, open spaces, and utilities which
cannot be remedied by private or governmental action without redevelopment.
D. A prevalence of depreciated values, impaired investments, and social and economic maladjustment."
"New" Blight Definition
Redevelopment Law Sections 33030 through 33039 describe the conditions that constitute blight in a
redevelopment project area. A blighted area is one that necessitates the creation of a redevelopment project
area because the combination of conditions in an area constitute a burden on the community, and cannot be
alleviated by private enterprise, governmental action, or both, without redevelopment. Redevelopment Law
Section 33030 defines a blighted area as one that contains both of the following:
1. An area that is predominantly urbanized and is an area in which the combination of physical and
economic blighting conditions is so prevalent and so substantial that it causes a reduction of, or lack
of, proper utilization of the area to such an extent that it constitutes a serious physical and economic
burden on the community that cannot reasonably be expected to be reversed or alleviated by private
enterprise or governmental action, or both, without redevelopment.
2. An area characterized by one or more physical condition of blight and one or more economic
condition of blight as set forth in subdivisions (a) and (b) of Redevelopment Law Section 33031.
RSG 15
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Physical Blight
Section 33031(a) of the Redevelopment Law describes physical conditions that cause blight as follows:
1. Buildings in which it is unsafe or unhealthy for persons to live or work; examples of such conditions
include:
a. Serious building code violations
b. Dilapidated and deteriorated buildings
c. Buildings suffering from construction vulnerable to serious damage from seismic or geologic
hazards
d. Buildings suffering from faulty or inadequate water or sewer utilities
2. Conditions that prevent or substantially hinder the viable use or capacity of buildings or lots;
examples of these conditions include:
a. Lots/buildings suffering from substandard, defective, or obsolete design
b. Lots/buildings of inadequate size given the present general plan, zoning, or other
development standards
3. Adjacent or nearby uses that are incompatible with each other and which prevent the development of
those parcels or other portions of redevelopment project areas
4. The existence of subdivided lots that are in multiple ownership and whose physical development has
been impaired by their irregular shapes and inadequate sizes, given present standards and market
conditions
Economic Blight
Section 33031(b) of the Redevelopment Law describes economic conditions that cause blight as the
following:
1. Depreciated or stagnant property values
2. Impaired property values due to hazardous wastes on property where the agency may be eligible to
use its authority as specified under the Polanco Redevelopment Act
3. Stagnant or declining market conditions; examples of this include:
a. An abnormally high number of business vacancies
b. Abnormally low lease rates
c. Abnormally high number of abandoned buildings
4. A serious lack of necessary commercial facilities such as those normally found in neighborhoods
including grocery stores, drugstores, and banks and other lending institutions
5. Serious residential overcrowding that has resulted in significant public health or safety problems
where "overcrowding" means exceeding the standard referenced in Article 5 (commencing with
Section 32) of Chapter 1 of Title 25 of the Califomia Code of Regulations
6. An excess of bars, liquor stores, or adult -oriented businesses that has resulted in significant public
health, safety, or welfare problems
7. A high crime rate that constitutes a serious threat to the public safety and welfare
According to Section 33030(c) of the Redevelopment Law, a blighted area may also be characterized by the
existence of inadequate public improvements or inadequate water or sewer utilities.
RSG 16
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
STUDY APPROACH & METHODOLOGY
Several data sources were utilized to identify and document the physical and economic blighting conditions in
the Project Areas. An important data source for evaluating the existence and prevalence of blighting
conditions in the Project Areas was a parcel -by -parcel field survey conducted by Rosenow Spevacek Group,
Inc. ("RSG") in March 2009. During the survey, the RSG team identified locations within the Project Areas
where blighting conditions appeared to remain substantial and prevalent.
Based upon initial reconnaissance, RSG prepared and refined the survey instrument so that each parcel
within the Project Areas had its own survey sheet and was identified by county assessor's parcel numbers
using county parcel maps. The survey sheets include physical and economic blighting conditions as
prescribed by Redevelopment Law Section 33031(a), and economic blighting conditions listed in
Redevelopment Law Section 33031(b), which are amenable to a visual survey. The survey forms contain
consistent, educated assessments regarding the condition of parcels in the Project Areas and the results
represent a nominal assessment of whether a condition is "present" or "not present". RSG acknowledges that
different degrees of deterioration or deficiencies are present in each parcel and the RSG survey team, at a
minimum, cites a condition as "present" when any reasonable person, if shown the condition, could see the
damage.
During the field survey, significant remaining blighting conditions, including deterioration and dilapidation and
defective and substandard design, were observed in the existing San Jacinto Project Area. It is important to
note that Redevelopment Law Section 33486, requires that the Agency must find that significant blight
remains in one project area in order to merge the Project Areas. Additionally, Redevelopment Law Section
33333.4 requires that in order to reestablish eminent domain authority in the San Jacinto Project Area, the
Agency must find that significant blight remains in that project area. It is important to note that eminent
domain reestablishment is not proposed in the Soboba Springs Project Area.
PHYSICAL BLIGHTING CONDITIONS IN SAN JACINTO PROJECT AREA
Physical conditions were assessed in terms of the health and safety of persons and the economic viability of
development in an area. In order to assess physical blight in the San Jacinto Project Area, data from the field
survey, MetroScan parcel data, building code enforcement, and other public resources were collected and
analyzed to determine what conditions may be adversely affecting the health and safety of persons in the San
Jacinto Project Area, as well as the adverse economic conditions that result from physically deteriorating
conditions. Generally, as economic returns from an area decline, there is a corresponding lack of
reinvestment in properties which further perpetuate physical blight. The effect of the recent recession and
declining property values has negatively impacted redevelopment efforts and the activities of both the private
and public sector. These factors have limited tax increment funding to the Agency, which has restricted the
Agency's ability to complete planned projects to remediate blighting conditions.
The results from the analysis of physical blight in both Project Areas indicate that significant physical blighting
conditions continue to plague the San Jacinto Project Area. Although all the properties have been included
within a redevelopment area for one to two decades or more, the blighting influences are so pervasive that
neither the private sector nor government acting alone can solve the problems facing the area. Furthermore,
this evidence of continuing blight confirms that the Agency has additional work to do in order to eliminate
blight and ensure proper utilization of the area. The continued presence of these blighting conditions also
reflects a lack of reinvestment by property owners in maintaining their properties in good condition to assure
the safety of persons who live and work in the San Jacinto Project Area. Physical and economic blighting
conditions propagate further decline of an area and deter economic development activities by private
investors. The poor physical conditions found in the San Jacinto Project Area place a burden on the
community by reducing its ability to meet its goals, including maintaining the safety and security of
neighborhoods and preserving the historic resources of the community.
RSG 17
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
The following sections of this Preliminary Report identify and describe continued existence of blighting
conditions as defined under the current Redevelopment Law. Specific examples of physical blighting
conditions are provided in photographs taken during the field survey. Exhibit B-1 on the following page
illustrates the exact location where physical blighting conditions remain in the San Jacinto Project Area.
RSG 18
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
BLIGHT MAP
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19
UNSAFE AND UNHEALTHY BUILDINGS FOR PERSONS TO LIVE OR WORK
Pursuant to Redevelopment Law, the existence of buildings in which it is unsafe or unhealthy for persons to
live or work may be caused by serious dilapidation and deterioration caused by neglect, building age and lead
based paints, and other factors. The following discussion examines the presence of unsafe and unhealthy
buildings for persons to live or work as determined by the abovementioned causes.
Dilapidation and Deterioration
Despite Agency efforts to curtail blight in the San Jacinto Project Area, several large portions of the project
area continue to show signs of significant deterioration and dilapidation resulting from long-term neglect and
lack of property owner investment. Among some of the more prevalent building conditions which characterize
a parcel as dilapidated and deteriorated noted during the field survey include: damaged and/or deteriorated
roofing and exterior building materials, faulty weather protection, and broken window and/or doors.
Structures that are seriously dilapidated and deteriorated causing unsafe and unhealthy environments for
persons to live or work are generally scattered throughout the San Jacinto Project Area. However, a
concentration of these unsafe and unhealthy buildings are located in the following areas:
• Along and around Wateka Street, between De Anza Drive and Idyllwild Drive.
• An area generally bounded by 7th Street to the south, Hewitt Street to the east, First Street to the
north and San Jacinto Avenue to the west.
• An area bounded by Cottonwood Avenue to the north, Santa Fe Avenue to the east, Eleventh
Street to the south, and Palm Avenue to the west.
■ An area bounded by State Highway 79 to the north, Harbor Street to the east, Idyllwild Drive to
the south and State Street to the west.
• An area bounded by State Highway 79 to the north, Savory Lane to the east, Ramona Boulevard
to the south and Babbling Place to the west.
The majority of the structures in these areas were constructed prior to the 1970s, and in some cases date
back to the 1920's and 1930's. Not surprisingly, dilapidation and deterioration is a natural phenomenon of
aging structures where routine maintenance and upkeep are deferred for extended periods of time. By
nature, older structures are more difficult to rehabilitate and as structures age rehabilitation becomes more
expensive due to the need to bring buildings up to current building code. As stated in Stewart Brand's book,
How Buildings Learn, What Happens After They're Built, a lack of maintenance results in buildings becoming
unusable, with the threat of structural failure. Brand states that,
"...due to deterioration and obsolescence, a building's capital value (and the rent it can charge) about
halves by twenty years after construction. Most buildings you can expect to completely refurbish from
eleven to twenty-five years after construction. The rule of thumb about abandonment is simple...if
repairs will cost half of the value of the building, don't bother."
It is no surprise, therefore, that a structure's condition is often directly correlated with its age and that results
of the field survey indicate that the majority of dilapidated and deteriorated buildings are located in and around
the oldest areas of the City where structures often date 50 or more years old.
The following photographs were taken throughout the San Jacinto Project Area during the field survey and
show the continuance of blight. These photographs provide a sample of the area's dilapidated and
deteriorated structures whose poor conditions render unsafe and unhealthy environments for persons to live
or work.
RSG
20
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 1
This extremely deteriorated and dilapidated structure located on N. San Jacinto Avenue exhibits severely
damaged, deteriorated and dilapidated exterior building materials (portions of the walls are missing) and
deteriorated roofing materials. The structure's poor condition and incomplete siding leaves it vulnerable to
external elements such as wind and rain, resulting in further damage to the structure. The integrity of the
structure appears to be unsound and unsafe for human occupancy. The garbage, debris and outdoor storage
create an inviting environment for insects and rodents. Structures exhibiting these blighting conditions
contribute to the significant decline in property values in the Project Area over the past five years.
RSG 21
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 2
This property on W. 5th Street, exhibits severely damaged and deteriorated exterior building materials, which
leaves the structure vulnerable to external elements such as wind and rain. The structure also has a severely
deteriorated and dilapidated roof, deteriorated eaves and overhangs as well as garbage, debris and outdoor
storage, creating a potential fire hazard putting surrounding residents at serious risk. This property is another
example of neglect and a serious lack of investment by the property owner, which can contributes to the
declining property values in the Project Area.
RSG 22
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 3
Photograph 4
The severely damaged corrugated metal roofing material provides minimal shelter for inhabitants. Eaves and
overhangs are also severely deteriorated and dilapidated leaving roofing materials and structure vulnerable to
outside elements. Trash and debris in the yard can attract rodents and negatively affect the health and safety
of the inhabitants. Excessive garbage, debris and overgrown weeds create a fire hazard, which poses a
significant risk to the inhabitants as well as surrounding properties.
R.SG 23
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 5
This structure located along Potter Road suffers from a variety of physical blighting conditions including
severely deteriorated and damaged roofing materials, damaged eaves and overhangs, a lack of paint and
plaster as well as trash and debris in the yard. Despite redevelopment efforts, these conditions still persist in
the Project Area.
SG 24
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 6
Photograph 7
This boarded up and vacant property located on 5th Street suffers from severely dilapidated roofing materials
and damaged exterior building materials.
RSG 25
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 8
This significantly deteriorated and dilapidated property located along Grand Avenue suffers from broken,
missing and deteriorated roofing materials, eaves and overhangs to the extent that damage to the interior of
the structure is possible.
RSG
26
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 9
Photograph 10
This property on E. 5th Street suffers from damaged exterior building materials, deteriorated roofing materials,
deteriorated eaves and overhangs, and a lack of paint and plaster, which leaves the structure vulnerable to
the outside elements. The roof on the structure is made from corrugated metal that has rusted, warped and
separated from the main structure. The side of the building exhibits damage to the siding and the plaster
near the foundation. One of the windows in the photo is boarded -up and the trim around the doors and
windows shows peeling paint and likely suffers from termite damage and/or rotting wood. Not only does this
RSG
27
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
structure pose healthy and safety concems but it also detracts from the community's aesthetics, which
contributes to the significant decline in property values in the Project Area over the last five years.
This boarded up, vacant structure is located on Grand Avenue. During the field survey conducted by RSG,
the property was noted to display broken windows and doors, deteriorated and damaged roofing materials,
damaged exterior building materials, and a deteriorated foundation. If these conditions are allowed to persist,
the property will likely deteriorate further and remain vacant, which contributes to the further impairment of the
economic viability of the surrounding area, as evidenced by significant declining property values in the Project
Area.
RSG 28
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 12
Photograph 13
This property on Jordan Avenue is another example of a structure that contains damaged and deteriorated
exterior building materials and a dilapidated roof, leaving it vulnerable to outside elements. One of the exterior
walls to the left appears to be missing with a tarp covering the area, which is likely in violation of building
codes.
RSG 29
8AwJAo|wTo REDEVELOPMENT Aoswov
PRELIMINARY REPORT
~
Photograph 14
This property on Hewitt Street displays boarded -up windows, damaged exterior building mabsha|o, and
peeling paint. The boarded up windows indicate that the windows were broken and have yet to be repaired
bythe property owner.
SG 30
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 15
This property is located on Shaver Street and was noted to display a sagging roof, severely deteriorated and
damaged roofing materials, deteriorated eaves and overhangs, and a lack of paint and plaster, which can
leave the structure vulnerable to outside elements and can cause further deterioration on the interior of the
structure. The deteriorated condition of the property indicates a lack of investment by the property owner
which negatively affects property values in the Project Area.
RSG 31
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 16
The residential property located on Idyllwild Drive is another example of a boarded up and/or abandoned
property in the Project Area. The blight survey indicates that this property exhibits broken windows and
doors, damaged and deteriorated exterior building materials, and sagging roof supports.
RSG 32
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 17
This structure, located on Jordan Avenue, exhibits deteriorated and damaged roofing materials, broken
windows and doors, and damaged exterior building materials. The deteriorated overhang depicted in the
photograph also appears to be constructed with untreated wood that is vulnerable to outside elements such
as rain, contributing to further deterioration.
RSG 33
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 18
The residential structure located on W. 7th Street exhibits a variety of physical blighting conditions including
broken windows and deteriorated roofing and exterior building materials. Both conditions present
considerable health and safety risks to persons occupying the unit and provide inadequate protection from
outside elements such as wind and rain. The broken windows and doors also invite residential squatting and
illegal activity.
RSG 34
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 19
The property on Westminster Drive is vacant and is an example of the many foreclosures that are located
throughout the Project Area. The property has a large broken window and peeling, deteriorated roofing
materials. If not properly boarded up, broken windows can provide access to residential squatters and allow
crime activity to occur. Foreclosed properties that display these types of blighting conditions also cause
further declines in property values in the Project Area.
(IRSG 35
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 20
This residential property located on N. Scovell Avenue is another example of a foreclosed property in the
Project Area. This structure shows a lack of paint and plaster, deteriorated exterior building materials, which
allows water and other external elements to penetrate its walls. As a result, the property will not have
adequate protection from mold, wood rot, and a variety of other health and safety issues.
Building Age and Lead Based Paint
Lead is highly toxic, particularly to young children. According to the Presidents Task Force on Environmental
Health Risks and Safety Risks to Children' ("Task Force"), lead can damage a child's kidneys and central
nervous system and cause anemia. At high levels, it can cause a coma, convulsions and death. Children
under the age of six are particularly vulnerable because their nervous systems are still developing and their
normal play activities (including putting toys and objects in their mouth) expose them to lead paint hazards
and lead -contaminated dust and soil. The Task Force estimates that nearly one million children living in the
United States have blood levels high enough to impair their ability to think, concentrate and learn.
The County of Riverside Department of Public Health2 states that the primary sources of lead exposure for
most children are ingestion of deteriorating lead -based paint in older homes, lead -contaminated dust, and
lead -contaminated residential soil. The Task Force reports that although lead paint has been banned in the
United States since 1978, the Department of Housing and Urban Development estimated in 1990 that it still
' United States. President's Task Force on Environmental Health Risks and Safety Risks in Children. Eliminating Childhood
Lead Poisoning: A Federal Strategy Targeting Lead Paint Hazards. February 2000.
2 County of Riverside Department of Public Health. "Lead and the Effects of Long -Term Exposure". Epidemiology & Program
Evaluation January 2008.
RSG 36
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
remains in about 64 million dwelling units. It further states that lead poisoning is five times higher among
children living in homes built prior to 1946 than those living in homes built after 1973. Additionally, low
income and minority children are nearly four times more likely to be exposed to lead hazards than other
children because they are more likely to live in older homes.
Table B-1 shows that 37% percent of homes in the San Jacinto Project Area were built prior to 1980, which is
shortly after lead based paint was banned in 1978. Fifteen percent of homes were built prior to 1950; the risk
of lead poisoning is five times higher in most of these homes.
Structures by Age
Table B-1
San Jacinto Redevelopment Project Area
Decade No. of Structures
% of Total Structures
<1899 1
0.05%
1900 18
0.89%
1910 31
1.53%
1920 66
3.26%
1930 72
3.55%
1940 114
5.62%
1950 129
6.36%
1960 136
6.71%
1970 173
8.53%
1980 648
31.97%
1990 271
13.37%
2000 368
18.15%
Total 2027
100%
Percent built Prior to 1950
15%
Percent built Prior to 1980
37%
Source: Mefroscan, a product of First American Real Estate Solutions, L.P.
The San Jacinto Project Area's older homes are likely to contain lead based paint, posing a health and safety
hazard to its occupants.
CONDITIONS HINDERING THE VIABLE USE OF BUILDINGS OR LOTS
Pursuant to Redevelopment Law Section 33031(a)(2), a building or lot's viable use may be hindered by
buildings of substandard, defective, or obsolete design or construction given the present general plan, zoning,
or other development standards.
Typical characteristics of parcels and/or buildings suffering from substandard or defective design include:
• Excessive lot coverage/inadequate setbacks
• A lack of parking, inadequate vehicular access
• Inadequate loading areas
• Buildings being used for purposes for which they were not originally constructed or intended
• Poor building or site layout
RSG 37
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
• Poorly constructed additions
• Substandard exterior building materials
■ Outdoor storage or production
• Substantial garbage/debris/stagnant water
Conditions of substandard or defective design preventing or hindering the viable use or capacity of buildings
or lots observed in the San Jacinto Project Area during the field survey include conditions include:
■ Poorly constructed additions
• Substandard exterior building materials
• Outdoor storage or production
• Parcels containing significant garbage and debris.
The largest concentration of buildings with conditions of defective design was observed in the following areas:
1. The area generally bounded by Estudillo Avenue to the east, Sixth Street to the south, Hewitt
Street to the west and First Street to the north.
2. The area generally bounded by Palm Avenue to the east, Eleventh Street to the South, Santa Fe
Avenue to the west, and Cottonwood Avenue to the north.
3. The area generally bounded by Ramona Boulevard to the south, Babbling Place to the east,
State Highway 79 to the north and Savory Lane to the west.
Poorly Constructed Additions /Substandard Exterior Building Materials
Buildings, structures, or their additions, which are constructed with materials that do not meet current design
or construction standards may be considered defective in design. Such buildings can present safety hazards,
be functionally inefficient or facilitate their own deterioration. Conditions of defective design or physical
construction can be manifested in a number of ways, including existing conditions that do not meet modern
construction standards that have been established to ensure the health and safety of building occupants.
Such defects may not technically be code violations but rather deficiencies resulting from evolutionary
improvements in building code standards which have occurred since a building's construction. As stated
previously,37% of buildings containing one or more condition of physical blight in the San Jacinto Project Area
were constructed prior to 1980. Building and construction standards have changed and evolved over the past
30 years, and the obsolete nature of these structures causes building deficiencies.
Residential and commercial owners have constructed additional to the original structure with substandard
building materials and, in some cases, little attempt to integrate the addition with the character of the building.
Photos 21 through 23 below provide examples of structures with substandard additions where proper permit
and building code standards do not appear to be followed . The materials used to construct these additions
often appear to be of low quality, such as plywood. Several of these additions in the San Jacinto Project Area
were noted to be missing doors, windows or safety railings to protect occupants of the structures. In some
cases, the additions have only tarps or sheets covering doorways. The result of using poor building materials
or construction techniques can be not only aesthetically unattractive, but also structurally unsound. These
additions are often built as a result of inadequacies in the existing building stock that does not provide for the
adequate space and storage requirements of contemporary residential and commercial structures.
RSG 38
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 21
Property on Potter Road is in very poor condition and suffers from damaged and deteriorating roofing
materials, eaves and overhangs, as well as severely deteriorated exterior building materials. The property has
a poorly constructed addition which is unlikely to meet current building codes. It is also deteriorated and
dilapidated and constructed with plywood, a substandard building material for this purpose. The plywood
appears to be untreated and lacks paint. The addition also lacks a proper wall or door in front and only a torn
sheet protects a large portion of the front side from wind, rain, insects and other elements, posing a serious
health and safety hazard for the residents.
(CD)RSG 39
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 22
This commercial property located on Main Street exhibits damaged and deteriorated exterior building and
roofing materials, as well as damaged eaves and overhangs. It appears that an addition has been constructed
on to the back of the property as a result of the need for additional space or storage due to the obsolete
nature and inadequacies of the original structure. An exterior door appears to lead out to the roof of the
building addition near the top of the photo. The door suggest that the roof is used as a deck, but it is not
enclosed with fencing or rails, making this a significant safety hazard that is also likely in violation of current
building codes.
RSG 40
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 23
This structure located along Pico Avenue suffers from deteriorated and damaged roofing materials, damaged
eaves and overhangs as well as a lack of paint and plaster. The property also appears to be boarded up and
vacant. The photo also shows a poorly constructed addition with severely deteriorated roof and a plywood
door, a substandard building material for this purpose.
Outdoor Storage/Garbage/Debris
Outdoor storage and/or production is an indication of substandard or defective design because it signals that
the existing building stock does not provide adequate building space for business activities or that the building
is not being used for purposes for which it was originally constructed or intended. In the San Jacinto Project
Area, properties within residential areas were also observed to have outdoor storage of homeowner items as
well as trash and debris. Storing garbage and debris on the exterior of a structure can attract rodents, posing
a health and safety hazard for occupants of the building. Trash and debris also represent a significant fire
hazard for not only the structure storing the material, but also for those structures located in close proximity to
the building.
RSG 41
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
The following photographs depict a sample of structures in the San Jacinto Project Area properties exhibiting
outdoor storage and significant garbage and debris.
Photograph 24
The property on San Jacinto Avenue was noted during the blight survey to exhibit broken windows and doors
and a damaged and deteriorated foundation. The broken windows can attract squatters or allow for potential
criminal activities to take place. The lot is being used for outdoor storage of trash and debris. These types of
physical blighting conditions are clear signs of a lack of investment by the property owner and can expose the
inhabitants to serious health and safety risks.
R5G 42
S^wJACwToREDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photomraph 25
This Potter Road property has damaged and deteriorated edohcv building moberio|o, o deteriorated and
dilapidated roof, broken whodowu, deteriorated eaves and ovedhongo, garbage and debris and outdoor
storage. creating a health and safety hazard for inhabitants. This property is another example of neglect and a
lack of investment by the property owner, which contributes to the significant decline in property values in the
Project Area.
43
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Photograph 26
The residential property along Commonwealth Avenue was noted during the blight survey as, suffering from
damaged roofing materials, deteriorated eaves and overhangs and broken and boarded up windows. The
property also has outdoor storage, garbage and debris, which can become a haven for rodents and insects
and pose a fire hazard.
ECONOMIC BLIGHTING CONDITIONS IN SAN JACINTO PROJECT AREA
A blighted area is characterized by one or more conditions set forth in any paragraph of subdivision (a) of
Section 33031 of the Redevelopment Law and one or more conditions set forth in any paragraph of
subdivision (b) of Redevelopment Law Section 33031. The previous discussion outlined the physical
conditions of blight remaining within the San Jacinto Project Area pursuant to Redevelopment Law Section
33031(a). The following discussion describes the economic conditions that cause blight pursuant to Section
33031(b) of the Redevelopment Law. In order to assess remaining economic blight in the Project Area, data
from DataQuick, Metroscan parcel data, EnviroStar, RealtyTrac, the San Jacinto Police Department, and
other resources were collected and analyzed to determine what conditions may be adversely affecting the
health and safety of persons in the San Jacinto Project Area, as well as the economic viability of the
surrounding community. The following discussion identifies and describes the seriousness of several
indicators of economic blight within the San Jacinto Project Area.
DEPRECIATED OR STAGNANT PROPERTY VALUES
According to Redevelopment Law, depreciated or stagnant property values is a condition that causes
economic blight. Property values depreciate or stagnate when blighting factors exist and impede economic
progress.
RSG 44
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
California Proposition 13, which was approved by California voters in 1978, imposed an annual not to exceed
2% inflationary adjustment on the full cash value of real property where the full cash value is determined as of
the 1975/76 assessment year, upon change in ownership, or when newly constructed. Due to the limitations
on the growth of property assessed value imposed by Proposition 13, the conventional way of determining the
rate of growth/decline in residential property values is by comparing the percentage change in median home
price as determined by property sales for the time period desired.
It is important to note that the San Jacinto Project Area was previously determined to be a blighted area
pursuant to Redevelopment Law at the time the Original and Amendment Area were adopted. Additionally, it
is generally recognized that in recent years, residential real estate values are dropping across the state.
Therefore, it is essential that any discussion of declining property values as an indication of blight include data
of other comparable geographies in order to have a more accurate picture of the economic conditions in San
Jacinto Project Area as compared to the City, surrounding communities and Riverside County as a whole.
In order to determine if the San Jacinto Project Area is experiencing depreciated property values, the sales
price per building square footage of single family homes sold in 2007 and 2008 was calculated utilizing
information from DataQuick Information Systems. This analysis focuses on residential home values because
the majority of the San Jacinto Project Area is residential (61 %).
An analysis of the median single family home value in the San Jacinto Project Area indicates that values have
decreased by 53 percent from 2007 to 2008. As shown in Table B-2, this decline far exceeds that of the City,
County, and four out of five surrounding cities.
Home Price per Square Foot Comparison
Table B-2
San Jacinto Redevelopment Agency
2007
2008
%
Location
Price/S.F.
Price/S.F.
Change
Perris
$214
$99
-54%
San Jacinto Project Area
$185
$87
-53%
Hemet
$180
$94
-48%
San Jacinto City
$159
$87
-45%
Banning
$202
$115
-43%
Riverside County
$211
$121
-43%
Beaumont
$193
$115
-40%
Calimesa
$219
$150
-32%
Source: DataQuick Information Systems, MetroScan FY 08-09 Tax Roll
The high rate of decline in property values is indicative that the overall conditions of the San Jacinto Project
Area cause a lack of proper utilization of the area. Depreciated property values result in less property tax
revenues, posing an economic burden on the community.
CRIME RATES
A high crime rate constitutes a serious threat to public safety and welfare and is an economic condition that
causes blight. When an area suffers from high levels of crime, businesses and other investors are often
unwilling to locate their businesses and/or invest their private dollars into these neighborhoods because of the
increased level of risk. This can further perpetuate other blighting conditions, such as dilapidation and
deterioration resulting from long-term neglect.
In order to document crime and its impact on the San Jacinto and Soboba Springs Project Area combined
and the City at large, information regarding the incidence of violent and other serious property crimes was
R S G 45
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
collected from the San Jacinto Police Department. This information covers the time period beginning with
April 30, 2008 and ends May 1, 2009. To ensure that the crime statistics being analyzed and reported in this
Preliminary Report truly represent crimes that are a serious threat to public safety and welfare, only those
crimes which are included in the FBI Crime Index were analyzed due to their serious and violent nature and
their potential drain on law enforcement resources. The FBI Crime Index includes the following four violent
offenses; homicide, forcible rape, robbery, carjacking and aggravated assault, and the following types of
serious property crimes; grand theft, burglary, larceny, motor vehicle theft and other vehicle -related crimes;
felony vandalism; fire at occupied dwelling; weapons; and arson.
Over the last 1 year period, these crimes totaled 1,085 incidences citywide while the San Jacinto and Soboba
Springs Project Areas combined experienced 503 incidences. Therefore, in the last year, 46% of serious
crimes occurred within the boundaries of the City's redevelopment areas. This fact is significant because the
project area only represents 18% of the City's total area. As a result, a larger proportionate share of the City's
violent offenses and serious property crimes are occurring within the project area - threatening the safety and
welfare of residents, workers, and patrons and draining a larger proportionate share of the City's law
enforcement resources.
Chart B-1 provides a visual summary of the discussion presented in the previous paragraph.
50%
45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
%Crime in Merged Project Area
vs.
%of Acreage of Merged Project Area
May, 2008 to April, 2009
■ Project Area Crirre
® Roject Area Acreage
RSG 46
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
SUMMARY OF PHYSICAL AND ECONOMIC BLIGHTING CONDITIONS
The Agency continues to work toward the physical and economic rehabilitation of the San Jacinto Project
Area. However, properties in this project area continue to exhibit signs of physical blight, such as
deterioration and dilapidation caused by long-term neglect, and defective and substandard design.
Additionally, substantial economic blighting conditions remain in the San Jacinto Project Area in the form of
depreciated property values and a high crime rate. The median home price in the project area dropped by
53%, while values in the City and the County dropped 45% and 43%, respectively, over this same time
period, indicating that the properties in the project area are substantially more economically distressed than
those in the City and the County as a whole. The incidence of serious crime is disproportionately high in the
San Jacinto Project Area; 46% of serious crime in the City occurred there over a recent 1 year period, but the
redevelopment project areas only make up 18% of the total acreage of the City. These remaining physical
and economic blighting conditions in the San Jacinto Project Area are causing a reduction in, or lack of,
optimal utilization of the area to such an extent that it constitutes a serious burden on the community.
Based on the observations and research in this section, it is evident that the San Jacinto Project Area
continues to suffer from various physical and economic blighting conditions. Although the Agency has
accomplished a number of projects in this area, there has been limited private investment in project area and
further improvements are needed to alleviate current conditions. The Amendments propose to merge and
thereby increase current financial limitations and to merge the San Jacinto and Soboba Springs Project
Areas, effectively increasing the Agency's ability to implement redevelopment projects and programs to
continue to eliminate blight from the San Jacinto Project Area. Receipt of additional tax increment revenue
and increased bonding capacity provides the Agency with additional capital to implement blight eliminating
projects, thus alleviating current conditions that are threatening the health and safety of persons who live and
work in the Project Area. These projects include upgrading and improving public infrastructure, working
toward the continued enhancement of property values, enabling economic revitalization of commercial and
industrial enterprises, and increasing, improving, and preserving the supply of affordable housing. Section E
provides additional detail of the proposed public projects and programs that may be undertaken by the
Agency in the Proposed Merged Project Area and identifies the blighting conditions addressed by those public
projects.
PHYSICAL AND ECONOMIC CONDITIONS IN THE SOBOBA SPRINGS PROJECT AREA
As stated in Section A of this Preliminary Report, the San Jacinto City Council adopted Ordinance No. 767 on
December 27, 1983, making findings that the Soboba Springs Project Area was a blighted area as defined by
Redevelopment Law Section 33031. Pursuant to Redevelopment Law Section 33368, that the "decision of
the legislative body shall be final and conclusive, and it shall thereafter be conclusively presumed that the
project area is a blighted area as defined by Section 33031 and that all prior proceedings have been duly and
regularly taken."
As described in Ordinance No. 767, the Soboba Springs Project Area suffered from the following blighting
conditions at the time it was adopted:
• "Undeveloped, unproductive and underdeveloped vacant land throughout the area, some of
which are littered with debris or used for open storage of junk -type materials.
■ Inadequate street and bridge systems to serve potential circulation demands.
• Poor access to proposed developments which encourages traffic to travel through adjacent
residential areas and places severe constraints on emergency services.
■ Inadequate street lighting, lack of curbs and gutters and poor public Improvements and facilities.
• Existence of substandard agricultural and residential structures
SG
47
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
■ The need for additional public and private utilities in order to accommodate the development of
properties within the Project Area boundaries, including the need for additional water service,
storm drains and sewer facilities, and for the development of police and fire protection and
prevention facilities.
• The lack of proper utilitization of many properties within the Project Area boundaries resulting in
development constraints on a number of these properties, thus producing a stagnant and
unproductive condition of land which is otherwise potentially useful and valuable.
■ The unimproved, defective, and/or inadequate construction of street improvements and
public/private utilities within the Project Area which has resulted from the uncoordinated
development pattern of certain properties within the Project Area
• The lack of adequate public facilities, including open space.
• The deterioration of structures within the Project Area and the lack of development or
redevelopment within the Project Area which has resulted because of the inadequacy of the
required public facilities and services necessary to accommodate the redevelopment of the area
in cooperation with the private sector.
• The presence of vacant and viable residential property whose development has been impeded
due to an infrastructure community system which is not designed and developed to a standard
acceptable for development.
• A street pattern which is inadequate to provide for safe and effective vehicular, pedestrian, and
bicycle circulation.
■ The combination of social. Economic and physical adverse conditions in the Project Area which
contribute substantially and increasingly to the problem of, and necessitate excessive and
disproportionate expenditures for crime prevention, correction, prosecution and punishment, the
treatment of juvenile delinquency, the preservation of public health and safety and maintaining of
adequate police, fire, and accident protection, and other public services and facilities.
• Inadequate planning of the provision of highways and bridges which traverse the Project Area
with the corresponding failure to provide for the physical and social needs of those persons and
properties which are adjacent to , and in close proximity with, these highways. Provision must be
made to minimize or eliminate these conditions.
• The inability of the City and/or County to finance and construct a bridge over the San Jacinto
River which provides access/egress to residential developments, recreational facilities and the
Soboba Indian Reservation. Without the bridge, properties in the Project Area will be precluded
from developing thereby creating an economic drain on the community and property owners."
Consequentially, the blighting conditions in the Soboba Springs Project Area generated specific community
burdens involving physical safety considerations and the costs of municipal services in the project area in
relation to available tax revenues.
In order to alleviate these blighting conditions, the Agency set the following objectives in the Soboba Springs
Redevelopment Plan, which to a great extent have been met in recent years:
• The elimination of existing blighted conditions, be they properties or structures, and the
prevention of recurring blight in and about the Project Area.
• The development of property within a creative, coordinated land use pattern of residential, open
space, recreational, and public facilities in the Project Area consistent with the goals, policies,
objectives, standards, guidelines and requirements as set forth in adopted General Plan and
Zoning Ordinance, and the approved specific plan for the area.
RSG 48
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
• The development of public services and facilities including, but not limited to, recreational,
maintenance, and operational services and facilities as are necessary and required for the
development of the Project Area.
• The elimination of environmental deficiencies including inadequate street improvements,
inadequate utility systems, and inadequate public services; and mitigation of highway impacts,
including its circulation, movement and its potential social, physical, and environmental
characteristics of blight.
• The development of a more efficient and effective circulation corridor system free from hazardous
vehicular, pedestrian and bicycle interfaces and designed to their ultimate circulation flow.
• The implementation of techniques to mitigate blight characteristics resulting from exposure to
highway and public right-of-way corridor activity and affecting adjacent properties within the
Project Area.
• Beautification activities to eliminate all forms of blight including, but not limited to, visual blight, in
order to encourage community identity.
• The encouragement, promotion, and assistance in the development and expansion of local
commerce.
• The acquisition, assemblage, and/or disposition of sites of usable and marketable sizes and
shapes for residential, open space, recreational and public facility development within the Project
Area.
• The creation of a more cohesive and unified community by strengthening the physical, social and
economic ties between residential, commercial, industrial, and recreational land uses within the
community and the Project Area.
• The acquisition and disposition of property for the purpose of providing relocation housing, as
may be required, to implement the objectives of the Plan.
• To provide for very low, low and moderate income housing availability as required by County,
Region, or State law requirements, as necessary and desirable, consistent with the goals and
objectives of the community.
• To encourage the coordination, cooperation, and assistance of other local agencies, as may be
deemed necessary, to ensure that projects undertaken by the Agency are implemented to their
fullest and practical extent.
• The achievement of a physical environment reflecting a high level of concern of architectural and
urban design principals deemed important by the community.
• To encourage community involvement and citizen participation in the adoption of policies,
programs, and projects so as to ensure that the Redevelopment Plan is implemented in
accordance with the objectives and goals of the General Plan.
As a result of Agency efforts and the partnerships they formed with the private sector, the redevelopment of
Soboba Springs is complete. This would not have been possible without the Agency's assistance because of
blighting conditions that otherwise would have created barriers to redevelopment that the private development
community could not have overcome if acting alone. Soboba Springs is no longer viewed to be a burden on
the community and the blighting conditions identified at the time the Soboba Springs Project Area was
adopted have virtually been eliminated.
It is important to note that Redevelopment Law Section 33486 allows redevelopment agencies to merge
project areas when significant remaining blight remains within just one of the project areas involved in the
RSG
49
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
merger. The Redevelopment Law requires that the legislative body shall find that this blight cannot be
eliminated without merging the project areas and the receipt of property taxes.
Pursuant to Redevelopment Law Section 33485, mergers of project areas are desirable as a matter of public
policy if they result in substantial benefit to the public and if they contribute to the revitalization of blighted
areas through the increased economic vitality of those areas and through increased and improved housing
opportunities in or near such areas. Merging the San Jacinto and Soboba Springs Project Areas will achieve
the desired results described by Redevelopment Law Section 33485 by enabling the Agency to better
implement blight reducing redevelopment projects and programs, and to increase affordable housing
opportunities through the use of tax increment attributable to the entire Proposed Merged Project Area. The
merger will allow for up to an additional $_ million may be made available for projects and programs
designed to eliminate the significant remaining blight in San Jacinto Project Area. Additionally, merging the
San Jacinto and Soboba Springs Project Areas reduces Agency expenditures associated with the
administration of two separate project areas, providing the Agency with additional funds for redevelopment
projects that would otherwise be expended on administrative functions.
RSG 50
SECTION C
Determination as to Whether the Proposed Merged Project Area is
Predominantly Urbanized
To qualify for inclusion in a redevelopment project area, the land must be "predominantly urbanized" as
defined by CRL Section 33320.1(b). Pursuant to said section, an area is "predominantly urbanized" if no less
than 80 percent of the land within the project area:
■ Has been or is developed for urban uses; or
• Is an integral part of one or more areas developed for urban uses, which are surrounded or
substantially surrounded by parcels, which have been or are developed for urban uses.
According to CRL Section 33320.1(d) the requirement that a project area be predominantly urbanized shall
only apply to a project area for which the redevelopment plan was adopted on or after January 1, 1984, or to
an area that is added to a project area by amendment on or after said date. Because the redevelopment
plans for the Original San Jacinto Project Area and Soboba Springs Project Area were adopted prior to this
date (the Redevelopment Plans for the Existing San Jacinto and Soboba Springs Project Areas were adopted
on June 29, 1983, by Ordinance No. 754 and December 29, 1983 by Ordinance No. 767, respectively),
urbanization is not a requirement of these project areas. However, Amendment No. 1 to the Redevelopment
Plan to the Original San Jacinto Redevelopment Project Area, adopted on December 28. 1993, by Ordinance
No. 992, is subject to this requirement. Ordinance No. 992 does contain a finding that the Amendment Area
was predominantly urbanized. Therefore, no further urbanization analysis is required in connection with the
Merger and Amendments. A copy of Ordinance No. 992 is attached following this Section C.
RSG
51
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO APPROVING AND ADOPTING AMENDMENT
NO. ONE TO THE REDEVELOPMENT PLAN FOR THE SAN
JACINTO REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of San Jacinto (the "City Council") has adopted,
by Ordinance No. 754 on June 28, 1983 (the "Previous Ordinance"), the Redevelopment Plan for
the San Jacinto Redevelopment Project (the "Redevelopment Plan" and the "Existing Project");
and
WHEREAS, the findings and determinations made by the City Council in the Previous
Ordinance are final and conclusive, no action having been timely brought to question the validity
of the Previous Ordinance or the findings or determinations of the City Council in adopting the
Previous Ordinance; and
WHEREAS, the City Council has received from the Redevelopment Agency of the City
of San Jacinto (the "Agency") the proposed Amendment No. One (the "Plan Amendment") to the
Redevelopment Plan, a copy of which is on file at the office of the City Clerk, together with the
Report of the Agency including the reasons for the selection of the territory proposed to be added
to the existing territory located within the Existing Project (the "Added Territory") (the territory
located within the Existing Project, after addition of the Added Territory, is referred to herein as
the "Amended Project Area"), a description of the physical, social and economic conditions
existing in the Added Territory, the proposed method of financing the redevelopment of the
Amended Project Area, a plan for the relocation of families and persons who may be temporarily
or permanently displaced from housing facilities in the Amended Project Area, an analysis of the
Preliminary Plan Amendment, the report and recommendations of the Planning Commission of
the City of San Jacinto as to the conformity of the Plan Amendment with the City's General Plan,
the minutes of meetings with the Project Area Committee ("PAC") and a summary of the record
of all information presented to or by the PAC, an environmental impact report on the Plan
Amendment (the "Final EIR"), the report of tiie county fiscal officer and the Agency's analysis
thereof, and a summary of consultations with taxing agencies, the report of the fiscal review
committee and the Agency's analysis thereof, and a Neighborhood Impact Report describing the
impact of the Plan Amendment upon the residents in the Added Territory and the surrounding
areas; and
WHEREAS, the Planning Commission of the City of San Jacinto has submitted to the
City Council its report and recommendations concerning the Plan Amendment and its certification
that the Plan Amendment conforms to the General Plan for the City of San Jacinto; and
WHEREAS, the City Council and the Agency held a joint public hearing on December 7,
1993, on the adoption of the Plan Amendment; and
WHEREAS, notice of said hearing was duly and regularly published in a newspaper of
general circulation in the City of San Jacinto, once a week for four successive weeks prior to the
date of said hearing, and a copy of said notices and affidavits of publication are on file with the
City Clerk and the Agency; and
WHEREAS, copies of the notice of joint public hearing were mailed by certified mail
with return receipt requested to the last known address of each assessee as shown on the last
equalized assessment roll of the County of Riverside for each parcel of land in the Existing
Project Area and the Added Territory; and
WHEREAS, copies of the notice of joint public hearing were mailed by certified mail
with return receipt requested to the governing body of each taxing agency which receives taxes
from property in the Existing Project Area and the Added Territory; and
WHEREAS, the Agency and the City have each independently found and determined that,
for certain significant effects identified by the Final EIR, mitigation measures and a Mitigation
Monitoring Plan therefor have been required in, or incorporated into, the Amended Project which
avoid or substantially lessen such effects; and
WHEREAS, the Agency and City have each independently found and determined that
potential mitigation measures or project alternatives not incorporated into the Amended Merged
Project (including the "No Project" alternative) were rejected as infeasible based upon specific
economic, social or other considerations as set forth in the Final EIR and the "Statement of
Overriding Considerations;" and
WHEREAS, the Agency, as the lead agency, and the City, as a responsible agency, have
certified the adequacy of the Final EIR submitted pursuant to Public Resources Code Section
21151 and Health and Safety Code Section 33352; and
WHEREAS, the City Council has considered the report and recommendation of the
Planning Commission, the report of the Agency, the Plan Amendment and its economic
feasibility, and the Final EIR, has provided an opportunity for all persons to be heard, and has
received and considered all evidence and testimony presented for or against any and all aspects of
the Plan Amendment and has made written findings in response to each written objection of an
affected property owner and taxing entity filed with the City Clerk before the hour set for such
joint public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES
ORDAIN AS FOLLOWS:
Section 1. The purposes and intent of the City Council with respect to the Amended
Project Area as it relates to the Plan Amendment are to accomplish the following:
(a)
To implement the land uses and concepts of the General Plan and the Zoning
Ordinance, as they may be amended from time to time.
(b) To eliminate blighting influences within the Amended Project Area, including
deteriorating buildings, incompatible and uneconomic land uses, obsolete
structures, and other environmental, economic and social deficiencies; improve the
overall appearance of existing buildings, streets, parking areas and other facilities,
pvaL:9D14_11424IB2763.1 2
public and private; and assure that all buildings, new and old, are safe for persons
and businesses to occupy.
(c) To encourage cooperation and participation of residents, business persons, public
agencies and community organizations in revitalizing the Amended Project Area.
(d) To encourage private sector investment in the redevelopment of the Amended
Project Area.
(e) To promote the economic well being of the area by encouraging diversification of
its commercial base.
(f) To promote development of diverse local job opportunities particularly for low -
and moderate- income residents.
(g)
(h)
To provide adequate public improvements, public facilities, open spaces, and
utilities, the lack of which cannot be remedied by private or governmental action
without redevelopment.
To implement the construction or reconstruction of adequate streets and
transportation facilities, curbs, gutters, street lights, storm drains, and other
improvements as necessary to correct existing deficiencies.
(i) To provide for relocation assistance and benefits to area businesses and residences
which may be displaced, in accordance with the provisions of the Community
Redevelopment Law and the Government Code of the State of California.
(j) To make provision for affordable housing inside and outside the Amended Project
Area as is required to satisfy the needs and desires of various age, income, and
ethnic groups of the community, maximizing opportunity for individual choice.
(k) To provide a procedural and financial mechanism by which the Agency can assist,
complement and coordinate public and private development, redevelopment,
revitalization and enhancement of the community.
Section 2. The City Council hereby finds and determines, based on the evidence in the
record, including, but not limited to, the Agency's Report to the City Council on the proposed
Plan Amendment, and all documents referenced therein, and evidence and testimony received at
the joint public hearing on adoption of the Previous Ordinance that:
(a)
The Amended Project Area is a blighted area, the redevelopment of which is
necessary to effectuate the public purposes declared in the California Community
Redeyelopment Law (Health and Safety Code Section 33000 et Leg.). With
respect to the Existing Project Area only, this finding is based on the City
Council's findings contained in the Previous Ordinance, which found various
blighting conditions to characterize the Existing Project Area.
PuaL:9014_11424IB2753.1 3
With respect to the Added Territory only, the City Council hereby finds and
determines, based on the evidence in the record, including, but not limited to, the
Agency's Report to the City Council on the proposed Plan Amendment, and all
documents referenced therein, and evidence and testimony received at the joint
public hearing on adoption of the Plan Amendment held on December 7, 1993,
that:
The Added Territory is a blighted area, the redevelopment of which is necessary
to effectuate the public purposes declared in the California Community
Redevelopment Law (Health and Safety Code Section 33000 et sect.). This finding
is based on the following conditions which characterize the Added Territory:
(1) The existence of buildings and structures used or intended to be
used for living, commercial, industrial or other purposes which are
characterized by deterioration, dilapidation, age and obsolescence,
mixed character, shifting uses, and faulty exterior spacing; and
(2) The existence of properties which suffer from deterioration and
disuse because of inadequate public improvements, facilities and
utilities, which cannot be remedied by private or governmental
action without redevelopment, particularly deficiencies in the
water, sewer, drainage and street systems; and
(3) The existence of parcels that are of irregular form, shape, or size
for proper usefulness and development; and
(4) The existence of parcels that were laid out without regard to the
contours and other topography or physical characteristics of the
ground and surrounding conditions; and
(5) The presence of depreciated values, impaired investments and
economic maladjustment, poor maintenance, declining taxable
sales, declining rents and real property sale prices, and vacant or
underutilized buildings within the Added Territory; and
(6) The existence of social maladjustment, as exhibited by high crime
rates.
Such conditions are causing and will increasingly cause a reduction and lack of
proper utilization of the area to such an extent that it constitutes a serious
physical, social and economic burden on the City which cannot reasonably be
expected to be reversed or alleviated by private enterprise acting alone, requiring
redevelopment in the interest of the health, safety and general welfare of the
people of the City and the State. Evidence supporting this finding includes the
fact that governmental action available to the City without redevelopment would
be insufficient to cause any significant correction of the blighting conditions, and
that the nature and costs of the public improvements and facilities and other
actions required to correct the blighting conditions are beyond the capacity of the
rUBL:9014_114241B2763,1 4
City and cannot be undertaken or borne by private enterprise acting alone or in
concert with available governmental action.
(b) Since the adoption of the Redevelopment Plan, the Agency has made efforts to
eliminate such conditions of blight by funding needed infrastructure and assisting
new development. However, the City Council finds that the majority of
conditions described in the Agency's previous Report to the City Council have not
changed, and that there is a substantial need to eliminate deficient public
improvements and blighting conditions within the Existing Project Area. Such
conditions are causing and will increasingly cause a reduction and lack of proper
utilization of the Existing Project Area to such an extent that it constitutes a
serious physical, social and economic burden on the City which cannot reasonably
be expected to be reversed or alleviated by private enterprise acting alone,
requiring redevelopment in the interest of the health, safety and general welfare of
the people of the City and the State. Evidence supporting this finding includes the
fact that governmental action available to the City without redevelopment would
be insufficient to cause any significant correction of the blighting conditions, and
that the nature and costs of the public improvements and facilities and other
actions required to correct the blighting conditions are beyond the capacity of the
City and cannot be undertaken or borne by private enterprise acting alone or in
concert with available governmental action.
(c) The Amended Project Area is a predominantly urbanized area. With respect to
the Existing Project Area, this finding is based upon the City Council's findings
contained in the Previous Ordinance, which found that not less than eighty percent
(80%) of the privately owned property in the Existing Project Area (I) has been
or is developed for urban uses, or (2) is an integral part of an area developed for
urban uses, or (3) is characterized by subdividing and sale of lots of irregular
form and shape and inadequate size for proper usefulness and development, or (4)
is characterized by the laying out of lots in disregard of the contours and other
topography or physical characteristics of the ground and surrounding conditions;
such finding was supported by the Agency's previous Report to City Council, and
the Redevelopment Plan adopted by the Previous Ordinance is now final and
conclusive. With respect to the Added Territory, evidence supporting this finding
includes the Agency's 1993 Report to the City Council, which demonstrates that
not less than eighty percent (80%) of the privately owned property in the Added
Territory (1) has been or is developed for urban uses; or (2) is an integral part of
an area developed for urban uses; or (3) is characterized by subdividing and sale
of lots of irregular form and shape and inadequate size for proper usefulness and
development; or (4) is characterized by the laying out of lots in disregard of the
contours and other topography or physical characteristics of the ground and
surrounding conditions.
(d) The Amended Plan will redevelop the Amended Project Area in conformity with
the Community Redevelopment Law and in the interests of the public peace,
health, safety and welfare. Evidence supporting this finding includes the fact that
the purposes of the Community Redevelopment Law would be attained by the
Amended Project; by the elimination of areas suffering from economic dislocation
pueL;9014_114241132763.I 5
or disuse; by the replanning, redesign and/or redevelopment of areas which are
stagnant or improperly utilized, and which could not be accomplished by private
enterprise acting alone without public participation and assistance; by protecting
and promoting sound development and redevelopment of blighted areas and the
general welfare of the citizens of the City by remedying such injurious conditions
through appropriate means; and through the installation of new or replacement of
existing public improvements, facilities and utilities in areas which are currently
inadequately served with regard to such improvements, facilities and utilities.
(e) The adoption and carrying out of the Amended Plan is economically sound and
feasible. Evidence supporting this finding includes the fact that under the
Amended Plan the Agency will be authorized to seek and utilize a variety of
potential financing resources, including property and retail sales increment; that
the nature and timing of public redevelopment assistance will depend on the
amount and availability of such financing resources, including tax increment,
generated by new investment in the Amended Project Area; that under the
Amended Plan no public redevelopment activity can be undertaken unless the
Agency can demonstrate that it has adequate revenue to finance the activity; and
that the financing plan included within the Agency's Report to the City Council
demonstrates that sufficient financial resources will be available to carry out the
Amended Project.
(f) The Plan Amendment conforms to the General Plan of the City of San Jacinto,
including, but not limited to, the housing element of the General Plan, which
substantially complies with the requirements of Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
This finding is based on the finding of the Planning Commission that the Plan
Amendment conforms to the General Plan for the City of San Jacinto.
(g)
(h)
The carrying out of the Amended Plan will promote the public peace, health,
safety and welfare of the City of San Jacinto and will effectuate the purposes and
policies of the Community Redevelopment Law. Evidence supporting this finding
includes the fact that redevelopment will benefit the Amended Project Area by
correcting conditions of blight and by coordinating public and private actions to
stimulate development and improve the economic and physical conditions of the
Amended Project Area, and by increasing employment opportunities within the
City.
The condemnation of real property to the extent provided for in the Amended Plan
is necessary to the execution of the Amended Plan and adequate provisions have
been made for payment for property to be acquired as provided by law. Evidence
supporting this finding includes the need to assemble sites for certain public
facilities, to assemble developable units for economic activity and the prevent the
recurrence of blight.
(i) The Agency has a feasible method and plan for the relocation of families and
persons who might be displaced temporarily or permanently from housing
facilities in the Amended Project Area. The Agency also has a feasible method
rulL:9014_114241a2763.1 6
and plan for its relocation of businesses. Evidence supporting this finding
includes the fact that the Agency has adopted a plan for relocation of families,
persons and businesses by Agency projects, and upon the fact that the Amended
Plan provides for relocation assistance according to law, and the fact that such
assistance, including relocation payments, constitutes a feasible method for
relocation.
Q) There are, or are being provided, within the Amended Project Area or within
other areas not generally less desirable with regard to public utilities and public
and commercial facilities and at rents or :prices within the financial means of the
families and persons who might be displaced from the Amended Project Area,
decent, safe and sanitary dwellings equal in number to the number of and
available to such displaced families and persons and reasonably accessible to their
places of employment. Evidence supporting this finding includes the information
contained in the Agency's Report to the City Council that no persons are expected
to be displaced as a result of the implementation of the Amended Plan, and that
even if some persons were to be displaced there are sufficient existing dwellings
which would be available to persons displaced by the implementation of the
Amended Plan.
(k) All noncontiguous areas of the Amended Project Area are either blighted or
necessary for effective redevelopment and are not included for the purpose of
obtaining the allocation of taxes from the area pursuant to Section 33670 of the
Health and Safety Code without other substantial justification for their inclusion.
With respect to the existing Project Area, this finding is based upon the City
Council's findings contained in the Previous Ordinance. With respect to the
Added Territory, this finding is based upon the evidence in the record.
(I)
(m)
Inclusion of any lands, buildings, or improvements which are not detrimental to
the public health, safety or welfare is necessary for the effective redevelopment of
the entire area of which they are a part, and any such area is not included solely
for the purpose of obtaining the allocation of tax increment revenues from such
area pursuant to Section 33670 of the Community Redevelopment Law without
other substantial justification for its inclusion. Evidence supporting this finding
includes the fact that all properties within Amended Project Area boundaries were
included because they were underutilized because of blighting influences, or were
affected by the existence of blighting influences, or were necessary either to
accomplish the objectives and benefits of the Plan Amendment or because of the
need to impose uniform requirements on the Amended Project Area as a whole.
Such properties will share in the benefits of the Amended Project.
The elimination of blight and the redevelopment of the Amended Project Area
couldinot reasonably be expected to be accomplished by private enterprise acting
alonewithout the aid and assistance of the Agency. Evidence supporting this
finding includes the existence of blighting influences, including the lack of
adequate public improvements and facilities, and the inability of individual owners
and developers to economically remove these blighting influences without
substantial public assistance.
eut,:9014_I 14241 a2763. I 7
(n) The effect of tax increment financing will not cause a significant financial burden
or detriment to any taxing agency deriving revenues from the Amended Project
Area. With respect to the Existing Project Area only, this finding is based upon
the City Council's findings contained in the Previous Ordinance. With respect to
the Added Territory, evidence supporting this finding includes the fact that all
affected taxing agencies were consulted with or had the opportunity to be
consulted regarding the fiscal effects of the Plan Amendment, and the fact that
with regard to certain taxing agencies, the Agency has or will enter into fiscal
detriment mitigation agreements under which it will make payments to or on
behalf of such agencies to alleviate identified financial burden or detriment.
Section 3. The City Council is satisfied that permanent housing facilities will be available
within three years from the time residential occupants of the Amended Project Area, if any, are
displaced, and that pending the development of such facilities, there will be available to any such
displaced residential occupants temporary housing facilities at rents comparable to those in the
City of San Jacinto at the time of their displacement. Evidence supporting this finding includes
the City Council's finding that no persons or families of low and moderate income shall be
displaced from residences unless and until there is a suitable housing unit available and ready for
occupancy by such displaced persons or families at rents comparable to those at the time of their
displacement. Such housing units shall be suitable to the needs of such displaced persons or
families and must be decent, safe, sanitary and otherwise standard dwellings.
Section 4. Written objections to the Plan Amendment filed with the City Clerk before the
hour set for hearing and all written and oral objections presented to the City Council at the
hearing having been considered and, in the case of written objections received from Amended
Project Area property owners and affected taxing agencies, having been responded to in writing,
are hereby overruled.
Section 5. The Final EIR for the Plan Amendment, a copy of which is on file in the
office of the Agency and in the office of the City Clerk, having been duly reviewed and
considered, is hereby incorporated into this Ordinance by reference and made a part hereof. AU
activities undertaken by the Agency and/or the City of San Jacinto pursuant to or in
implementation of the Redevelopment Plan, as amended by the Plan Amendment, shall be
undertaken in accordance with the mitigation measures and Mitigation Monitoring Plan set forth
in the Final EIR, and the Agency shall undertake such additional environmental review or
assessment as necessary at the time of the proposed implementation of such activities.
Section 6. That certain Amendment No. One to the Redevelopment Plan for the San
Jacinto Redevelopment Project, the map contained therein, and such other reports as are
incorporated therein by reference, a copy of which is on file in the office of the Agency and the
office of the City Clerk, having been duly reviewed and considered, together with the
Redevelopment Plan which was adopted by the Previous Ordinance, is hereby incorporated into
this Ordinance by reference and made a part hereof, and as so incorporated is hereby designated,
approved, and adopted as the official redevelopment plan for the Existing Project, as amended by
the Plan Amendment.
pusL:4014 1I4241B2763.1 8
Section 7. In order to implement and facilitate the effectuation of the Amended Plan
hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out
the Amended Plan, (b) requests the various officials, departments, boards, and agencies of the
City having administrative responsibilities in the Amended Project Area likewise to cooperate to
such end and to exercise their respective functions and powers in a manner consistent with
redevelopment of the Amended Project Area, (c) stands ready to consider and take appropriate
action upon proposals and measures designed to effectuate the Amended Plan, and (d) declares its
intention to undertake and complete any proceeding, including the expenditure of moneys,
necessary to be carried out by the City under the provisions of the Amended Plan.
Section 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to
the Agency, whereupon the Agency is vested with the responsibility for carrying out the
Amended Plan.
Section 9. The City Clerk is hereby directed to record with the County Recorder of
Riverside County a description of the land within the Amended Project Area and a statement that
proceedings for the redevelopment of the Amended Project Area have been instituted under the
Community Redevelopment Law.
Section 10. The Building Department of the City is hereby directed for a period of two
(2) years after the effective date of this Ordinance to advise all applicants for building permits
within the Amended Project Area that the site for which a building permit is sought for the
construction of buildings or for other improvements is within a redevelopment project area.
Section i l . The City Clerk is hereby directed to transmit a copy of the description and
statement recorded by the City Clerk pursuant to Section 9 of this Ordinance, a copy of this
Ordinance, and a map or plat indicating the boundaries of the Amended Project Area, to the
Auditor -Controller and Assessor of the County of Riverside, to the governing body of each of the
taxing agencies which receives taxes from property in the Amended Project Area, and to the
State Board of Equalization, within thirty (30) days following the adoption of the Plan
Amendment.
Section 12. The City Clerk is hereby authorized and directed to certify to the passage of
this Ordinance and to cause the same to be published in a newspaper of general circulation which
is published and circulated in the City of San Jacinto.
Section 13. If any part of this Ordinance or the Plan Amendment which it approves is
held to be invalid for any reason, such decision shall not affect the validity of the remaining
portion of this Ordinance or of the Plan Amendment or Amended Plan, and this City Council
hereby declares that it would have passed the remainder of the Ordinance or approved the
remainder of the Plan Arnendment if such invalid portion thereof had been deleted.
Section 14. This Ordinance shall be in full force and effect thirty (30) days after passage.
Wm.:9014_11424182763.J 9
Introduced and first read at a regular meeting of the City Council of the City of San
Jacinto held the 21st day of December, 1993, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 28th day of December, 1993, by the following roll
call vote:
AYES: COUNCILMEMBERS: Ford, Solorio, Williams, Mayor Hafliger
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Leahy
Puul.:9Q14_11424182763.1 10
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF SAN JACINTO )
Richard Brewer
I, , City Clerk of the City of San Jacinto, do hereby certify that the foregoing
Ordinance No.992 was introduced at a regular meeting of the City Council of the City of San
Jacinto, held on the 21st day of December, 1993, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 2Sth day of December, 1993, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ford, Solorio, Williams, Mayor t-lafliger
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Leahy
AND I FURTHER CERTIFY that the Mayor of the City of San Jacinto signed said Ordinance
No. 9 9 2 on the2,$.t tday of December, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Jacinto this 29 day of December, 1993.
CIT CLERK OF
JACINTO
(SEAL)
Richard Brewer
I, , City Clerk of the City of San Jacinto, do hereby certify that the foregoing is the
original Ordinance No. Sand was published once in theitemet News on the 4 day of
Jan. 1994.
Ck?s'u owl ! e )1 f. 2
ITY CLERK OF THE CITY OF SWINI
JACINTO
pueu:9O14_II424162763.1 I
SECTION D
Preliminary Assessment of the Proposed Method of Financing,
including Economic Feasibility of the Amendments and the Reasons
for the Continued Inclusion of Tax Increment and the Proposed
Increase in the Tax Increment and Bonded Indebtedness Caps
SOURCES AVAILABLE TO THE AGENCY FOR FINANCING REDEVELOPMENT
Redevelopment Law Section 33344.5 requires that a Preliminary Report include information on the proposed
method of financing, including information on the economic feasibility of the Proposed Merged Project Area
and the reasons for the continued inclusion of tax increment financing, or in this situation, the reasons for the
proposed increase in the tax increment and bonded indebtedness caps.
The Agency intends to continue to finance redevelopment of the Proposed Merged Project Area from the
following resources:
■ Tax Increment Revenues;
■ Bonded Debt;
■ Financial Assistance from the City, County, State of California and/or Federal Government;
• Proceeds from lease or sale of Agency -owned property;
• Loans from private financial institutions; and
• Any other legally available source.
The more typical sources of redevelopment financing may be employed as described below.
LEASE OR SALE OF AGENCY -OWNED PROPERTY
Under the existing Redevelopment Plans and the proposed Amended and Restated Plan for the Proposed
Merged Project Area, the Agency may continue to sell, lease, or otherwise encumber its property holdings to
pay the costs of project implementation.
PARTICIPATION IN DEVELOPMENT
If the Agency enters into agreements with property owners, tenants, and/or other developers that provide for
revenues to be paid or repaid to the Agency, such revenues may be used to pay project implementation
costs.
PROPERTY TAX INCREMENT
If the Amendments are successfully adopted and the tax increment limits are merged, and thereby increased,
the Agency will continue to use property tax increment as provided for in Redevelopment Law Section 33670
(b), and as authorized in the Redevelopment Plan, to fund redevelopment activities. Tax increment revenue
is intended to be used to pay indebtedness incurred by the Agency. Indebtedness includes principal and
interest on loans, monies advanced, or debts (whether funded, refunded, assumed, or otherwise) incurred by
the Agency to finance or refinance, in whole or in part, redevelopment activities.
The current Redevelopment Plans allows the Agency to collect $2.699 billion of tax increment revenue from
the San Jacinto Project Area and $5 million of tax increment revenue from the Soboba Springs Project Area.
Through fiscal year 2007-08, the Agency has collected approximately $4.3 million towards the Soboba
Springs limit. Additionally, the Agency has collected approximately $37 million in San Jacinto Project Area
(Original and Amendment Area). The proposed Amendments would enable the Agency to continue to collect
52
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
tax increment revenue from the Soboba Springs Project Area to fund projects and programs that will eliminate
blight in the Proposed Merged Project Area.
Consistent with Redevelopment Law, the Redevelopment Plan incorporates certain time limits that affect the
Agency's ability to use and collect tax increment revenue. The time limit regulating how long the Agency may
collect tax increment revenue is currently 10 years after the termination of the effectiveness of the
redevelopment plan, or June 28, 2035 for the Original San Jacinto Project Area, December 28, 2043 for the
Amendment Area, and December 27, 2038 for the Soboba Springs Project Area.
Tax increment revenues will be distributed to address an array of obligations. As required by Section 33334.2
of the Redevelopment Law, twenty percent (20%) of the Proposed Merged Project Area's tax increment
revenue will be deposited into the Agency's Low- and Moderate- Income Housing Fund for the purposes of
increasing, improving, and preserving the community's supply of low and moderate income housing. This is
not a change from current Agency legal obligations.
The remaining 80 percent of the tax increment revenue will be used to pay for Agency obligations to taxing
entities, debt service costs, and other program expenditures such as infrastructure, capital facilities, and
economic development programs within the Proposed Merged Project Areas.
The Amendments propose to combine the tax increment limit for both the San Jacinto and Soboba Springs
Project Areas to the amount currently established for the existing San Jacinto Project Area, or $2.699 billion,
thereby increasing the tax increment cap for the Soboba Springs Project Area.
BONDED DEBT
The Agency has the authority under Redevelopment Law, and as authorized in the Amended Plan, to issue
bonds secured by tax increment revenue. Agencies typically use this authority for early implementation of
needed projects to address problem conditions in a redevelopment project area. Rather than waiting for cash
to accumulate to pay for needed projects, bond proceeds can provide significant up -front capital to implement
projects expeditiously. This technique also helps to address the problem of inflating project costs because
construction projects can be put in place on an earlier schedule.
The Agency issued tax allocation bonds for the Original San Jacinto Project Area only in 1993 and completed
a bond refunding in 2005 and there is currently approximately $9 million in outstanding principal to be paid on
these bonds. The Agency has an existing bonded indebtedness limit (i.e., the amount of bonds, secured with
tax increment, that can be outstanding at any one time) in the San Jacinto and Soboba Springs Project Areas
of $408 million and $5 million, respectively. The Amendments propose to merge this limit to that of the
existing San Jacinto Project Area, or $408 million total. This merging of the bonded indebtedness limit has
the effect of increasing the limit for the Soboba Spring Project Area. This will allow the Agency to leverage
future tax increment into bond proceeds that may be used in the near -term to pay for needed improvements.
FINANCIAL ASSISTANCE FROM THE CITY, COUNTY, STATE AND/OR THE FEDERAL GOVERNMENT
The Agency may legally obtain loans and advances from the City for planning, construction, and operating
capital, if the City has the financial capacity to do so. The City may also defer payments on Agency loans for
land purchases, benefiting the Agency's cash flow. Such assistance may also be employed to meet short
term cash flow needs.
As available, other funds such as state -apportioned road funds and federal Community Development Block
Grants (CDBG) will be appropriately utilized in conjunction with Agency funds for costs of project
implementation. The City receives CDBG grant money on an annual basis to provide housing and economic
opportunities to residents, particularly those of low and moderate income.
The HOME Program also provides federal funds to state and local governments designated for increasing the
supply of affordable housing. Participating jurisdictions must have a current and approved action plan that
RSG 53
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
describes how the jurisdiction will use its HOME funds. The City will continue to use available HOME funds for
eligible projects.
OTHER AVAILABLE SOURCES
Any other loans, grants, or financial assistance from the federal government, or any other public or private
source will be utilized, as available and appropriate. The Agency will also consider use of the powers
provided by the Redevelopment Law to provide construction and other funds for appropriate projects. Where
feasible and appropriate, the City/Agency may use assessment district and/or Mello -Roos bond financing to
pay for the costs of public infrastructure, facilities, and operations. The City has previously issued such bonds
to help implement redevelopment projects.
Assessment districts are becoming more widespread in the state as a means to pay for improvements.
Assessments are levied upon properties within a designated area to fund improvements directly benefitting
that area, and are paid in association with property tax. The use of assessment districts is limited and
regulated by state law, and are most commonly related to street improvements, landscape and lighting, and
parks. However, in an area such as the Proposed Merged Project Area that already faces challenges in
attracting private investment, imposing additional taxes through assessments on property may in fact deter
private investment by increasing costs paid annually by property owners. Additionally, the City Council cannot
form a district over a property if the owner disapproves, making creation of new districts very challenging.
TAX INCREMENT PROJECTIONS
The primary revenue source of financing implementation projects is the continuation of the collection of tax
increment revenues from the Project Area. RSG prepared preliminary forecasts of tax increment revenues for
the Project Areas based on the assumptions noted below.
• Growth Rate: Assessed values increase each year based upon the maximum inflationary rate of
2%.
• Effective Tax Rate: To convert annual net incremental valuation into estimated gross tax
increment, a 1% percent factor was applied.
• Housing Set -Aside Revenues: As required by Section 33334.2 of the Redevelopment Law,
unless certain findings are made, the Agency will continue to deposit 20 percent of the tax
increment revenues generated by each of the Project Areas into the Agency's Housing Fund for
the purposes of increasing, improving, and preserving the community's supply of affordable
housing.
• Payments to Affected Taxing Agencies: Pursuant to Section 33401 of Redevelopment Law
(as it read when the project areas were adopted), the Agency entered into pass through
agreements with the County (including the General Fund, Library, and Flood Control District), the
San Jacinto Valley Wide Recreation and Parks District, the San Jacinto Unified School District,
the San Jacinto Valley Cemetery District, Eastern Municipal Water District, the San Jacinto
Resource Conservation District, the San Jacinto Community College District, and the County of
Riverside Superintendent of Schools. Additionally, the fourth amendment to the San Jacinto
Redevelopment Plan obligated the Agency to make payments pursuant to Section 33607.7 of the
Redevelopment Law ("Statutory Payments") to the taxing entities that do not have pass through
agreements with the Agency.
Table D-1 presents a summary of the net tax increment that will be available to fund future projects if the
Amendments are successful. Generally, approximately $134 million in net tax increment will be available over
the next 35 years for non -housing projects and $51 million for housing projects. Additionally approximately
$112 million will be paid to affected taxing entities.
RSG 54
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SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
TABLE 0-2
TAX INCREMENT PROJECTIONS
San Jacinto Prefect Area - Original Area
Assessed Value Forecast
Secured 11
Iza 2% Unsecured
per year @0%per yr.
Tole)
Gross Cumulative Gross Tax Total Total Total A11 Estimated Total TI
Tax Gress Housing County Increment Rev. Ag All Taxing Agency Net Rev. Housing Plus
Incremental Increment Tax Fund Admin. Less Existing SB211 Payments Less Housing Net TI after
Values 1,00e4 Increment Deposits Fee Co Admin. Pass-thnsugbs pass-Ntoughs 8 Pa55-throughs all Pass-thruughs
Taxing Agency Shares of General levy
27 6 2009-10 200 499529692 25,655,153 426,265,735 374,140,273 3,741,403 7404,251 748,281 (44,054) 3,697.349 (1,573512) (74,465) (1648,277) 1,300,791 2,049,072
28 7 2510-11 2_0% 408542,28E 25,655,103 434,298,389 3E2152,867 3,521,529 11,225,779 764.356 (44,997) 3,776531 (1 607,723) (77,8531 (1,685,577) 1,326,649 2,090,955
29 0 2011-12 2014 416. 515,132 25656,)23 442,471,235 590,325,713 5,903,257 15,129036 780651 (45,960) 3.857,297 (1642,311) (81,3101 (1,723,621) 1,353,025 2.133576
30 9 2012-13 2654 425,151434 25,655,103 450,507,557 398,662,015 3986020 19,115657 797,324 (45,9411 3,939,579 (1677590) (64,836) 14762425) 1,379,919 2,177,253
31 10 2013-14 20M 453654,463 25,656,103 459310,565 407165,044 4,071,650 23,187,307 814,330 (47943) 4,023?08 (1.713573) (68,4321 (1,502504) 1,407,373 2,221.704
32 11 2014-15 200 442,327.552 25,656,103 467,983,555 415,838.133 4,155,581 27345608 031,67E (48,964) 4,109,410 (1,7511.274) (98,151) (1,845,455) 1,432,187 2,263,965
33 12 2015-16 2.0% 451,174.103 25,656,103 476,030,20E 424,684084 4,246547 31592,535 845369 (50,005) 4,196541 (1757,757) (102,0651 (1,589,773) 1,457,699 2,307,069
34 13 2016-17 2,Ox 400,197,555 25,656,103 48585368E 433,708,166 4,337582 35,929,617 867416 (51068) 4,286,014 (1825858) (109,0871 (1,934,976) 1,483,622 2,551,038
35 14 201748 2014 459401537 25,656,103 495,057,640 442.912,115 4.429,121 40,355738 885824 (52,152) 4,376,370 (1,854.532) (116,2501 (1,981,052) 1,510,064 2,595,885
36 15 2018-19 2.0% 47078556E 25,656,103 504,445,671 452,300,149 4,523,001 14,581740 904,600 (53,257) 4,969,744 (1,904,553) (123,5541 (2,025,168) 1,537036 2,441,636
37 16 2019-20 't0% 485,365,359 25,655,103 514021,4E2 451,075,940 4,618,759 49,500499 923,752 (54,355) 4,564,375 11945066) (131,0071 (2,076,074) 1,564,549 2488,301
38 17 2020-21 2014 498,132.666 25,656,103 523788,769 471,613,247 4,715,932 54,216,931 943,286 (55535) 4650,898 (1,986,389) (138,608) (2,124,997) 1,592,614 2,555,901
39 18 2021(22 2094 508,095,320 25,656,103 533,751,423 481,605,901 4,516.059 59532,990 963212 (56,708) 4,759,351 12528,537/ (148,361) (2,174,699) 1621,242 2584,453
40 19 2022-23 2084 51825722E 25,656,103 543,913,329 491767.807 4,917,670 63,950665 983,53E (57,91/4) 4.559,774 (2,071,526) (154,269) (2,225,795) 1,650,443 2,633,979
41 20 2023-24 200 525,522,371 25,655.103 554,278,474 502,132,952 5021330 68.971,998 1.004,26E (59,125) 4,962,205 (2,115,374) (142,335) 12,277,7091 1,685,230 2,654496
42 21 2024-25 20% 539,194,818 25,555,103 554,855,921 512,705,399 5,127,054 71.099,052 1.025,411 (60570) 5.066,604 (2,160,097) (170,562) 12,330,665) 1,710,514 2.736525
43 22 2025-25 2.0% R49.978 714 25,556,103 575,634817 523,489,295 5,254,593 79.333,945 1,046,979 (61639) 5,173,254 (2,205,713) (175,954) (2,384,668) 1,741507 2,760,585
44 23 2026-27 2.014 560.978209 25,656,103 586,634,392 554,988,870 5,344,889 84,675831 1,068978 (62935) 5,201,954 (2,252.240) (157,511) 12,439,756) 4773,222 2.842,199
45 24 2027-28 20% 572,197854 25,655,105 537,055,957 545.7014435 5,457,084 90,135,918 1,091417 (64,25E) 5,394829 (2,119 453) (196,245) (2,315096) 1,956,714 3.677.131
45 25 2028-29 200 583641,812 25,656,103 609,297,915 557,152393 5,571524 95,7(17,442 1,114305 (65,603) 5,505,921 (2,932,760) (205,151) (3,137,910) 1,253,706 2,3684110
47 26 2029.30 20•b 595,314,648 25656,103 625,970,751 558,825,229 5,588252 101,395,699 1137,655 (66,978) 5521275 (2,994,203) (214,235) (3,205,435) 1,276,186 2.412,837
45 27 2030-31 205t 507220,941 25,656,103 632877,044 580,731,522 5,557,315 107,203009 1,161463 (68,379) 5,738,955 (3,556875) (223,500) (3,280,376) 1,297,097 2,455,560
49 28 2031-32 2084 619,365360 25,656,103 645021,463 592,675,941 5,925,759 113,131769 1185,752 (69,809) 5,858,950 (3,120,802) (232,951) (3,353,753) 1,319,445 2,505,197
55 29 2032-33 21F.6 531752,667 25,654,103 657,408,770 505,26324E 6,052632 119,184401 1,210526 (71,265) 5,961,364 (3156007) (242,5901 (3,418,5951 1,341,245 2,552,767
51 30 2033-34 2.014 544,387720 25656,103 676,043,823 617,898,301 6,178,993 125,363,384 1,235197 (72,756) 6,106,227 (3.252,516) (252,4231 (3,504,939) 1,360,492 2,601.255
52 31 2034-35 2n94 657.275 475 25056,103 682,931,578 630,706,056 6,357,561 131,571,245 1,261,572 (74,273) 6.235.587 (3,320.355) (262,452) 13,582,007) 1,389,205 2.559,750
Notes: Totals 128005,397 25,5111,579 (1,5(17,263) (58,096.179) (4,052,192) (62,148,371) 35,751,064 64,352,761
it Includes homeoxmer exomp5on values and 500080E utility
27 eye6de rate has been decreased ever a Eve year paned.
31 ERAF cm0l098en is limited to 2004-05, since no wating o, pending Ieglsladon calls for theeeelmege00 et Ms payment/
418 5l County Agreement provides far n wallas increment limit from the County shale (General and Library Fund) of 113,380 000 Thu limas net or
Dents paid hack to the County ter Mime Me Nndc. Once IXe cap Is reached the County vnq keep 100% el Meg General and Library Fund shale or
lax Increment generated by the Original Area. Base upon prejec0ons the original Area vn8 hit this cap in Fy2027-25.
6I R 7l Agreements provide that payments le these Agencies (withheld by Ne County) are net of County Admn lee earl any ERAF payments.
FSG 56
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
TABLE D-3
TAX INCREMENT PROJECTIONS
San Jacinto Project Area - 1993 Amendment Area
Assessed Value Forecast
Secured/1 Unsecured
0%per
Total
Incremental
Values
Gross Cumutasve Total Total TI Net of Total Estimated Total TI
Tax Gross Housing Tax Inc -Net County Housug & Alt Net Rev. Housing Pius
Increment Tex Fund Housing -Before Admix Co, Admin Fee Pass-throughs Less Housing Net TI after
1.00% Increment Deposits Pass -through pee 6 Pass-throughs all Pass-throughs
BY 1993 86,949,164
18 2009-10 20% 261,720,644 20,399.985 232,119,730 196,070566 1960,706 3,870,094 392,141 1,501,555 (22,5201 1,545,744 (9466231 599,116 991,257
17 2010-11 2,090 256.955,057 20.309,086 287 354,143 201,304,979 2.013,65E 5,583,143 402,619 1 610,440 (23,430) 1,587,610 (371,3051 915,105 1,017.715
18 2011-12 2008 272,294,158 20.399685 292,693,244 206644080 2,956441 7,949.584 413,288 1653,153 (24,051) 1,929,102 (997,6031 631,413 1,044,701
19 2012-13 2.0% 277,740,042 20,399,086 296,139,128 212,059,954 2,120.900 10,070,484 924,180 1596,720 (24,585) 1.672,035 (1,023,9371 643,04B 1,072,228
20 2013-14 2022 283,294,842 20,399,088 3/369392/ 217644754 2,176,448 12,246,931 435,290 1741,158 (25,331) 1,715,827 (7,060,8111 665,01E 1,109,305
21 2014-15 2.0% 288960,739 20,399,08E 309,359,325 223,310661 2,233,197 14480,038 946,621 1,786,485 (25,991) 1.759,495 (1,078,402) 682,092 1,128,719
22 2015-16 2,0% 294,739,954 20,399,086 315,139,040 229,089,576 2,290,899 16,770,937 955,1E10 1832,719 (26553) 1,806,055 (1,106,5451 599,511 1,157,691
23 2018-17 2055 300,634,753 20.39.9085 321633,833 234,984,575 2,249647 19,120734 469,969 1,879,377 (27,349) 1.852,528 (1,135,2501 717,270 1,187,24?
24 2017-18 2,0% 306,547,448 20.399,086 227 046534 240,997,370 2,409,974 21,539,757 451,995 1,927,971 (28,049) 1,899,930 (1,164,5301 735,460 1,217,394
25 2018-19 2e05 312.780,397 20.399.08E 333,179,403 247,130.319 2,471,393 29002,060 494,251 1.977,043 (28.753) 1,948,280 (1,194,3951 753844 1,248.145
26 2019-20 2814 319,036,005 20.399,985 339,435,091 253,385.927 2,533.159 25,535,920 506,772 2,027,187 (29,491) 1,997,59E (1,224,858) 772,739 1.279,510
27 2021-21 2.0% 325,416725 29,399,085 345,815,811 259.766847 2,5975E5 29,133,58E 519,533 2,175,133 (30,234) 2547,390 (1255,930) 791,970 1.311,503
28 2021-22 20% 331925,060 20399,086 352,324,146 265,274,982 2,662,750 31736,336 532,550 2,130,209 (30991) 2,099,209 (1,257,623) 811686 1344,136
29 2022-23 2.0% 338,553,551 20,399,086 358 962,647 272,913483 2,729,125 34,525,471 545,827 2,183,308 (31,764) 2,151 544 (1,319,950) 531,594 1,377,421
30 2023-24 2.0% 345,334,832 2039.9,086 355.733,916 279,654,754 2,796,848 37322,318 559,370 2.237,478 (32,552) 2,209,925 (1,352,923) 552,003 1,411,372
31 2024-25 2,005 352,241,529 20,399,986 372.640,615 285,591,451 2,865,915 40,168,233 573,183 2,292,732 (33356) 2,259.376 (1386,557) 1172,819 1,446,002
32 2925-26 20% 359,286,359 20,399086 379885,445 293,633,281 2,936,363 43,124596 587,273 2,349090 (34.175) 2,314.914 (1,420,862) 394,052 1,481,325
33 2025-27 2.0% 366472,086 20,399,086 386. B71,172 309,822.005 3,003220 46,132,616 601644 2,406,576 (35612) 2,371,564 (1,455,854) 915,710 1,517,354
34 2027-23 2,0% 373,801,528 20,399,066 394,201,614 303,151450 3,081,515 49,214,339 616303 2.465,212 (35,865) 2,421.395 (1,491696) 937,811 1,554,103
35 2028-29 2.0% 381,277,559 26,399,086 491,575,545 315,627,401 3,156,275 52,370,605 631,255 2,525020 (36,735) 2,488.265 (1,527,951) 960,333 1591,58E
36 2029-30 2,0% 388,993,110 20,399,066 409,392,196 323,253.032 3,232,530 53603,135 646.506 2,586,024 (33.523) 2,548,401 (1,666,086) 583316 1,629,822
37 2030-31 2.0% 335,381,172 20,399,086 417,080,258 331,031.994 3,310,311 58,913.945 552,062 2,648,240 (38,528) 2,616721 (1,602,9611 1,096,759 1,968,321
38 2031-32 2.0% 4114614,796 20,39908E 425,613682 338,954,713 3,389,847 52,303594 677,929 2,711713 (39,4511 2,572,265 (1,641,595) 1,030,671 1,708,909
39 2032-33 2.0% 412707,091 20,399,086 433,105,177 247,057,013 3470,570 55,773,654 534.114 2,776,458 (40,393) 2,736,0E3 (1,681,0021 1,155,061 1749,175
40 2033-34 2A06 420,961,233 20399,056 441350319 355,311155 3,553,112 69.326,775 7111,522 2,342,459 (41,354) 2,811,135 (1,721,196) 1,079,939 1,790,551
41 2034-35 2.0% 429380,45E 20399,086 449,779,544 363,730,330 3,637,304 72,954,073 727461 2,909,843 (42,334) 2,867,509 (1,752,195) 1,105,314 1832,775
42 2035-36 2.0% 437.968,053 20,399,085 458,367,153 372,317,989 3,723180 76,587,259 744.536 2,978,544 (43,333) 2,935,211 (1,504,014) 1,131,197 1.875,533
43 203E-37 2004 446,727,428 20,399,086 457,125,514 381,077,350 3,010,774 50,498,032 752.155 3,040619 (44,353) 3,014,265 (1,846,664) 1,157,598 1,919,752
44 2037-36 2.0% 455.561,377 24399,98E 476,091,053 390011,999 3900,119 64,398.151 780.024 3,120095 (45,393) 3,074702 (1,890,176) 1,184,526 1,464,550
45 2038-39 20% 464775217 20,399.086 415,174,303 399,125,139 3,991,251 88,389,403 798.250 3,193,001 (45,453) 3,146,548 (1,934,555) 1,211,993 2,010,243
46 2033-40 2.0% 474.070,721 20,399,086 494,469,807 408,420,643 4084,205 92,473,609 8161341 3,257,355 (47,535) 3,219 830 (1,979.0201 1,240,010 2,056 851
47 2040-41 2005 483552,135 20399,06E 503,951,221 417,902,057 4,179,021 96,652630 835,894 3,343,216 (48,639) 3,294,578 (2,025,991) 1,263,686 2,104,390
48 2041-42 2.0% 493,223,178 20,399,086 513,622,264 427,573,190 4275,731 100,925,261 855,196 3.420,5135 (49,764) 3,370820 (2,073,086) 1,297,735 2,152,1381
49 2042-42 2.0% 593087,642 20,399,086 523,485.723 437,437,5E4 9,374.376 105,302,736 874.875 3,499,501 (50,913) 3,448,538 (2,121,122) 1,327,466 2,212,341
50 2043-44 2.0% 513,149,394 23,399,086 533 548,499 947,499 315 4,474,993 109,777,730 894,999 3,579,995 (52,084) 3,527,911 12,170,119) 1,357,792 2,252,790
Totals 21 573,668 (52,213,783) 32,825,431 54,399 099
1l news, hamew.ner exemption values and secured utsly
21 County Sept or Schools pass -through payments heee0 upon leamula pr0vl0ed in Secaon 32v0/
RSG
57
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
TABLE O-4
TAX INCREMENT PROJECTIONS
Sobobe Springs Project Area
Assessed Value Forecast
EMWO
Gross Tax Inc. Total Total
T. Secured/1 Tax Override Gross Cumulative Housing County Tax Inc Tax Inc. Netof EMWD SJVCO Net Non-
1 (Added value Unsecured Total Incremenlal Increment Reveom/2 Tax inc. Tax Inc. Fund Admin. Net of Housing Pass Through Pass Through Housing
10 8 &2%inflator) Q0% per yI. Values 1.0914 0.00450% Revenue Revenue Deposits Fee Admin & Admin 0.1151 0.0048 Revenue
19D%Pass
BY 1983-84 3,066,002 26,162 3,094,164 Thor to EMWO 3,872,925
27 2900-10 2.00 55,164618 190,788 55,375,406 52.309,404 523,094 2.355 525,449 4,912,680 1115,090 (8,131) 518,317 414,220 (48,403) (2,031) 363,794
20 2010-11 200 56,286,311 190,758 56,479,099 53,413,097 534,131 2,404 538,535 5,449.216 107,307 (6,260) 530,275 422,965 (49,424) (2,074) 371,470
29 2011-12 2.e% 57414,077 190700 57,604,865 54538,863 545,369 2,455 597,844 5,997,059 109,569 (6,392) 541,451 431,882 (50,466) (2,11B) 279,299
30 2012-12 205 58562,358 190,78E 58,752,146 55.6137144 556,871 2,507 559,370 6,556,437 111,878 (6,527) 552.851 440,975 (51,528) (2,162) 387,285
31 2013-14 205 59733606 190786 59,924,394 56,655,392 568584 2,559 571,143 7,127,550 114,229 (6664) 564,479 450,250 (52.612) (2,265) 395.431
32 2014-15 2.0% 60,926,276 190,788 61,119,066 58,053064 580,531 2,613 583.144 7,710,724 115,629 (6,804) 578,330 459,711 (53,717) (2,254) 403,731
33 2015-18 200 62,146,843 190,788 62,337631 59271629 592,716 2,560 595,364 8308,108 119,077 (6,947) 506437 469,360 (54645) (2,301) 412,214
34 2016-17 20% 63,389,780 190,700 53,550,555 80514,566 605146 2,724 607,072 8,913,978 121,574 (7,093) 600,777 479,203 (55,915) (2,350) 420,85a
35 2017-15 2,0% 64.657576 100788 64,546,364 61,782,362 617,824 2,781 620,605 9,534,552 124,121 (7,241) 613,363 489,242 (57,168) (2,399) 429,575
35 2018-19 2,60 65,950,727 190 as 66,141,515 63.075,513 639,755 2,839 633,594 10,160,177 126.719 (7,393) 626,201 499,482 (58365) (2,449) 439,566
37 2019-20 300 67.269,742 190,700 67,460,530 64394,528 643,945 2,899 646,844 10,815,820 129,369 (7,548) 639,296 509,927 (59,585) (2,500) 447,842
38 2020-21 209 66615,137 199,786 68,805,925 65,738923 657399 2,959 660,350 11,475,379 132,072 (7,705) 652653 520,581 (60830) (2.553) 457,199
39 2021-22 3A5 69,987,439 190,788 70,178,227 67,112,225 671,122 3,021 674,143 12,149,522 134,829 (7,868) 666,277 531,448 (82,100) (2,606) 466,742
4D 2022-23 2.016 71387,168 130,788 71,577,976 66,511.974 685,125 3084 688,204 12,837,725 137,641 (8,03D) 680,173 542,533 (63,3951 (2,669) 476,477
41 2023-24 205 72,814932 190,7613 73,005 ]20 89,939718 699,397 3,148 702,545 13,549,271 149,509 (8,198) 694,348 553,839 (64.716) (2,716) 466,407
42 2024-25 20% 74271,231 190,788 74,562,019 71396,017 713,96D 3,214 717,174 14,257,444 143,435 (8,360) 708,80G 565,371 (66064) (2,772) 496,535
43 2025-26 200 75.756,655 190,788 75,947,443 72,8131.441 728,814 3,281 732,695 14,959,539 146,419 (8,542) 723,553 577,134 (67436) (2,830) 506,855
44 2026-27 2,014 77271,768 190,768 77,462.575 74396.574 743,966 3,349 747,314 15,726,854 149,463 (8,720) 738,595 589,132 (68,849) (2,8691 517,463
45 2527-28 2016 7(1,817,224 190,788 79,0E18012 75,942,010 759,420 3,41B 762,838 16,499,692 152,558 (6,901) 753,937 601370 (70270) (2,949) 528,151
40 2028-29 20% 60,393,569 190,788 89,594,357 77,516655 775,154 3,489 778,673 17,278,365 155,735 (9,086) 769.587 613,652 (71,729) (3,010) 539,113
47 2029-30 30% 82001,440 190,756 82,192,228 79,126,226 791,262 3,562 794,024 18,073,109 158,965 (9,274) 785,550 625,585 (73,217) (3,072) 550,296
48 2030-31 3014 83641,469 190,788 63,532,2557 80,766,255 507663 3,635 811,298 16664,487 162,260 (0,457) 801,831 639,572 (74.734) (3,135) 561,701
49 2031-32 2.0% 65314,298 190.788 85,505,086 B2,439.054 B24,391 3,711 828,152 19,712,585 165,620 (9,663) 818,430 652819 (76,282) (3,201) 573,335
5D 2032-33 2.0% 67.920,584 190,788 87,211,372 B4,145.370 841,454 3,768 845241 20,557,83D 169048 (9,863) 835,279 568,330 (77,061) (3,267) 585,292
51 2033-34 2.014 58,760,995 190,768 80,951,784 85,885,782 058,858 3,866 862,724 21,420,553 172,545 (10067) 852,657 690,112 (79,4711 (3,335) 597,306
Notes. Totals 16,956,915 17033,321 3,466,664 (198,751) (1,5695157) (65,843) 11,793,006
1f ;ncludes 5omeow9er exees aad a ecmed 051ity
RSG
58
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
PROPOSED PROJECTS
Table E-1 in Section E of this Report presents a list of proposed projects needed to complete the Agency's
Redevelopment Program and estimated project costs. This list was compiled from information provided by
City staff. The list identifies over $133 million of needed non -housing projects. Additionally, the Agency will
continue to fund affordable housing projects throughout the City using the 20% housing set -aside funds.
Priorities will need to be established to determine what projects are most appropriate for tax increment use.
REASONS FOR THE ALLOCATION OF THE TAX INCREMENT
Section B provides evidence that significant blight remains in the Project Area. Tax increment is necessary to
fund redevelopment projects to address blight because the government and private sector cannot be
expected to alleviate blighting conditions on their own. Tax increment is a financial tool that enables the
government to assist residents with property improvements. Tax increment can also be used to fund public
infrastructure improvements and provide incentives for the private sector to invest in the area and revitalize
the local economy.
Tax increment gives the Agency the financial resources to foster new development by improving
infrastructure, reconfiguring lots, negotiating with property owners, providing assistance to developers,
building and rehabilitating property, and soliciting new development. The projects proposed to alleviate blight
within the Project Area are discussed in the next section.
NEED TO MERGE TAX INCREMENT LIMIT
The Agency has already collected an estimated $40 million of the $2.69 billion tax increment cap for the San
Jacinto Project Area. It is estimated that the tax increment limit for the Soboba Springs Project Area will be
reached before the year 2012 unless the limits are increased. Additionally, the Agency can consolidate
efforts with regard to establishing indebtedness and expenditures within all redevelopment areas.
It is unlikely that the San Jacinto Project Area would have reached its $2.69 billion tax increment cap over the
remaining life of the Redevelopment Plan. However, by merging Soboba Springs with the San Jacinto Project
Area, the Agency will be able to cross-collateralize the tax increment generated by the Soboba Springs
Project Area with tax increment generated from the San Jacinto Project Area. For this reason it is more
practical to establish one tax increment cap for the entire Proposed Merged Project Area so that all debt
issued to be repaid by tax increment from the Proposed Merged Project Area will be subject to the same
limitation in terms of revenue to repay the debt.
There is sufficient time remaining in the Existing Project Areas to address a number of the existing blighting
conditions if the tax increment limit is increased. The first project area to expire will be the Original San
Jacinto Project Area in 2025 and next the Soboba Springs Project Area in 2028. The Amendment Area will
have at least an additional 5 years left before expiration allowing significant time to continue to implement
blight elimination projects. If the Agency has the benefit of a large portion of the tax increment generated over
the remaining years, many of the blight removing projects identified in Table E-1 can be addressed. Without
the increase, few projects will be implemented unless other funding sources can be found. If other sources of
funding for projects were available, they would be used. However, with the current economic climate, with
State and local budget crises and the significant downturn in the housing market, neither the City nor any
other entity has been able to identify or secure other sufficient funding sources. Section E of this Preliminary
Report identifies how each of the proposed projects could address the blighting conditions discussed in
Section B of this Preliminary Report.
The proposed merged tax increment receipt cap of $2.699 billion has been determined based on the fact that
Agency has this existing limit for the San Jacinto Project Area that appears sufficient for both the San Jacinto
and Soboba Springs Project Area, based on historical tax increment receipts and future projections through
RSG
59
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
the life of the redevelopment plans for all individual project areas. It is important to note that the Agency is not
proposing to increase the tax increment cap either project area but wishes to simply utilize the legally
established limit for the existing San Jacinto Project Area for the Proposed Merged Project Area.
NEED TO MERGE BONDED INDEBTEDNESS LIMIT
Historically the Agency has infrequently issued bonds for the Existing Project Areas. However, it is likely that
bond issuances will be used over the next 15 years to assure that needed improvements can be timely
constructed, and property assemblage activities can continue. Establishing a bonded indebtedness limit of
$408 million, which equals the legally established bonded indebtedness limit for the existing San Jacinto
Project Area, for the Proposed Merged Project Area will give the Agency the ability to maximize bond
leveraging if that is the most efficient way to expeditiously implement new blight eliminating projects and
programs. Though the Agency's historical practice of minimizing bond issuances could continue into the
future, by merging the bonded indebtedness limit to $408 million for the Proposed Merged Project Area, the
Agency is assured that all available financing techniques can be utilized in the future if needed.
NEXUS BETWEEN BLIGHT, PROJECTS AND AMENDED/MERGED LIMITS
Section B of this Preliminary Report presents evidence that significant blight remains within the San Jacinto
Project Area. Section E includes a list of projects needed to continue to address and correct these conditions.
The estimated cost of the needed non -housing projects and programs totals over $133 million. By merging
the San Jacinto and Soboba Springs Project Areas and increasing the tax increment cap in the Soboba
Springs Project Area by establishing the current tax increment cap in the existing San Jacinto Project Area for
the Proposed Merged Project Area of $2.699 billion, the Agency may continue to collect tax increment in
Soboba Springs and utilize that increment to fund blight eliminating projects and programs in the existing San
Jacinto Project Area. The existing tax increment cap will be reached in the Soboba Spring Project Area in
approximately 3 years and blight elimination activities needed in the existing San Jacinto Project Area exceed
current tax increment receipts. Tax increment revenue from Soboba Springs would allow the Agency to fund
more project and programs to address and eradicate blight in the existing San Jacinto Project Area. In
addition, a combined bonded indebtedness limit of $408 for the Proposed Merged Project Area will allow the
Agency increased financial capacity and insure adequate tools to fund projects and programs in the short
term to eliminate remaining blighting conditions. In the event that issuing bonds utilizing future tax increment
receipts is not feasible given market conditions, the Agency will continue to use other funding sources such as
Community Facility District Bond Financing, HOME and CDBG funds to cover any gaps in funding. Projects
will be undertaken on a priority basis based upon available funding.
In summary, with the proposed amendment to the existing tax increment and bonded indebtedness limits, the
Agency's redevelopment implementation activities will be financially viable. The merging of financial limits will
allow the Agency to utilize funds from the Soboba Springs Project Area, where blight removal activities have
been completed, to be used to remediate remaining blight in the San Jacinto Project Area. Additionally, the
Agency will consolidate implementation activities in both project areas and likely reduce administrative costs,
leaving additional tax increment for blight elimination projects and programs.
SU MMARY
Although the Agency will attempt to use other available financing programs, these may not be viable for the
type and amount of improvements required. Assessment and Community Facility Districts, for example,
impose a financial burden that area businesses and potential developers may be unable to bear. As indicated
by the continued presence of blighting conditions found in the Proposed Merged Project Area, many property
owners do not have the resources to maintain their properties, much less rehabilitate them. The Agency does
not currently have, nor expect to have, the available financial resources to fund the magnitude of
improvements necessary to reverse the adverse conditions present in the Proposed Merged Project Area.
RSG
60
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
The provision of tax increment revenue must be included in the Amended Plan because other sources are not
available or are insufficient to finance the costs of redeveloping the Proposed Merged Project Area.
Utilization of tax increment financing will provide the resources to develop a consistent and direct approach to
activities and programs needed to eliminate blight, provide for the improvement of infrastructure, and aid in
the expansion of the economic base in the Proposed Merged Project Area. When adverse conditions are not
addressed, the resulting physical and financial impacts imposed by these conditions will exacerbate existing
blighting conditions. It will cause serious economic hardships and undue disruption of the lives and activities
of people working in the Proposed Merged Project Area and its surrounds.
Therefore, it cannot be reasonably expected that private enterprise acting alone would have the means to
accomplish redevelopment of the Proposed Merged Project Area. Without the provision of tax increment
revenue financing, sufficient revenue would not be available to fund the needed programs and improvements.
PSG 61
SECTION E
Description of Specific Projects the Agency May Pursue &
Description of How Potential Projects Will Address Continuing
Redevelopment of the Proposed Merged Project Areas
OVERVIEW
In accordance with Redevelopment Law Section 33344.5(e), Section E of this Preliminary Report includes a
description of the public projects and programs that are being proposed by the Agency and that may be
undertaken in the Proposed Merged Project Area. Furthermore, Redevelopment Law Section 33344.5(f)
requires a description of how the projects or programs being proposed by the Agency in the Proposed
Merged Project Area will improve or alleviate the blighting conditions described in Section B of the Preliminary
Report.
The following section identifies and discusses potential Community Development and Redevelopment
Programs, Public Infrastructure, Facility and Utility Improvements, and Affordable Housing Projects the
Agency intends to undertake to address blight and complete revitalization of the Proposed Merged Project
Area. The Agency proposes to implement redevelopment activities envisioned in the existing Redevelopment
Plan through residential and commercial revitalization activities. As previously discussed in greater detail in
Section D of the Preliminary Report, the critical element to justify increasing the tax increment cap revolves
around the amount of dollars needed to fund the projects that will eliminate blighting conditions existing in the
Proposed Merged Project Area. Table E-1 provides a financial summary of the projected costs by program
type for the projects and programs being proposed by the Agency, which are needed to alleviate the
remaining blighting conditions [TABLE TO BE COMPLETE ONCE PROJECT COSTS DETERMINED].
FUNDING NEEDED TO IMPLEMENT THE AGENCY'S Table E-1
PROPOSED REDEVELOPMENT PROJECTS AND PROGRAMS
Community Development Programs
Public Infrastructure/Facility/Utility Improvements
Affordable Housing Projects/1
Total $
/1 Estimated 20% of the gross tax increment revenue projected to be generated by the Merged Project
Areas over the life of each constituent project area.
Source: Redevelopment Agency of the City of San Jacinto
Each project and program that may be undertaken by the Agency and the blighting condition(s) that will be
alleviated by each project/program are identified in Table E-1.
Community Development Programs
The Agency's proposed Community Development Programs, as shown in Table E-2, will alleviate blight and
prevent its reoccurrence in the Proposed Merged Project Area by; 1) eliminating unsafe buildings for persons
to live or work as caused by serious dilapidation and deterioration and defective; 2) increasing property values
of properties receiving Agency assistance while indirectly benefiting the overall value of the community; and
3) removing conditions that prevent or substantially hinder the viable use or capacity of buildings or lots. The
Agency has established, or is proposing, a variety of Community Development Programs that seek to
alleviate the physical and economic conditions present in the Proposed Merged Project Area that are causing
a reduction in, or lack of, optimal utilization of the area to such an extent that it constitutes a serious burden
on the community. Examples of these programs include Facade Grant and Commercial Rehabilitation
RSG 62
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
programs to assist residents and businesses upgrade and address deterioration and dilapidation, commercial
rehabilitation loans to downtown merchants for building or construction of store fronts to remove physical
blighting conditions and improve the economic viability of commercial buildings, and purchasing and restoring
historic landmarks to improve properties and preserve the rich history and character of the community.
The Facade Grant programs provides funding for up to 50% of the total cost for businesses to eliminate
negative visual blight and enhance the physical appearance of buildings, building entrances and signage in
the Downtown Zone. Some of the possible improvements include architectural design, painting and stucco
work, awnings, front entry and window display improvements, facade improvements, sign replacement,
landscaping, parking lot improvements and disabled access. The program initially began as a loan to finance
the improvements and may be forgiven after one year if certain conditions are met by the business/property
owner.
The Commercial Rehabilitation program provides assistance, in the form of grants and/or low interest loans,
to businesses in the Proposed Merged Project Area to encourage and assist in restoring, modernizing, and
improving commercial and industrial structures. The reinvestment in the business community may include
enhancement and rehabilitation of deteriorated building and sign improvements.
These programs are designed to encourage existing property owners/businesses to substantially upgrade
deteriorated storefronts and renovate the interior of stores to stimulate building improvements and upgrade
the appearance of commercial properties, as well as encourage new development. These programs will
address and/or eliminating blighting conditions including deterioration, defective design, and substandard
design. In addition, rehabilitating and modernizing the building stock in this area will also have the effect of
reversing economic blighting conditions including depreciated property values to enhance the economic
viability of commercial properties.
PSG
63
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Table E-2
Community Development Programs
Project Name
Funding
Needed
How Project Will Address Blight
Physical Blight
Economic Blight ,
Unsafe bldgs/
ilapidation &
Deterioration
Hinder viable
use
epreciated
roperty
slues
High crime
rates
Commercial Rehabilitation Program
$20,951,532
X
X
X
Provide assistance in the form of grants and/or low interest
loans, to businesses in the Proposed Merged Project Area to
encourage and assist in restoring, modernizing, and improving
commercial and industrial structures. The reinvestment in the
business community may include enhancement and
rehabilitation of deteriorated building and sign improvements.
Facade Grant Program:
$$ 000,000
X
X
X
Provide funding for up to 50% of the total cost for businesses
to eliminate negative visual blight and enhance the physical
appearance of buildings, building entrances and signage in the
Downtown Zone. Some of the possible improvements include
architectural design, painting and stucco work, awnings, front
entry and window display improvements, facade
improvements, sign replacement, landscaping, parking lot
improvements and disabled access. The program initially
begins as a loan to finance the improvements and may be
forgiven after one year if certain conditions are met by the
business/property owner.
Public Infrastructure/Facility/Utility Improvements
The Agency has identified a number of public improvement projects which would aid current revitalization
efforts and eliminate deficiencies in the existing infrastructure systems in the Proposed Merged Project Area.
Paving, reconstruction, rehabilitation and widening of streets, widening of intersections, new interchanges,
bridge improvements, channel and bridge improvements, fire and other public facilities, parking, and replacing
sidewalk curbs and gutters are needed in the Proposed Merged Project Area to improve traffic flow, provide
better access for emergency vehicles, enhance accessibility, increase safety for pedestrians and motorists,
and bring overall aesthetic improvements to the San Jacinto community which may help improve surrounding
property values and attract further investment from the private sector. Additionally, the Agency has identified
the need for construction and revitalization of sewer and water lines and storm drains throughout the
Proposed Merged Project Areas.
Street and Utility improvements are all necessary components of successful redevelopment and will
encourage infill development of vacant lots and the redevelopment of blighted properties by property owners.
Such activity is expected to reduce blighting conditions in the Proposed Merged Project Area by removing
conditions that otherwise hinder the viable use of buildings or lots and alleviating declining property values. It
is anticipated that many of the Agency's proposed public improvement projects will also assist in reducing the
number of buildings in which it is unsafe or unhealthy for persons to live or work within the Proposed Merged
Project Area. It should be noted that the Agency intends to maximize its investment by improving streets and
RSG
64
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
utilities simultaneously wherever feasible. Table E-3 below provides a list of the public infrastructure, facility
and utility improvements, including the street segments (when applicable), that the Agency may implement
within the Proposed Merged Project Area.
By implementing this and other types of programs to address blighting conditions affecting the Proposed
Merged Project Area, the public sector will signal its confidence in the area and will provide a springboard for
private investment and reinvestment.
+v.f PSG 65
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Table E-3
Public Infrastructure/Facility/Utility Improvements
Project Name
Needed
How Project Will Address Blight
Physical Blight
Economic Blight
a
w
a v_ o
m
ig
`v
v
m
m
d 0
E
STREET AND TRAFFIC CIRCULATION SYSTEM IMPROVEMENTS:
Traffic lights Maximum (ten signals)
Street Extensions
X
Construct 1,925' of new st. south side of Artesia St.; 1,500' new street
extension of Peach St. connect Peach St., 850' new street Minor Ave
from 7th St, to Shaver St.; 1,500' new street Grand Ave from 7th St.
north to existing St.; Odel and Causton Road extensions and
reconstructions; New Record Road construction along the improved
San Jacinto River levee; Odel and Causton Road extensions and
reconstructions.
Street Widenings
X
Including the 1,900' street widening 12' each side Esplanade from
Esplanade Plaza to Hewett St.; 2,200 street widening 12' each side
Hewett St. from Evans St. to Commonwealth Ave.; 1,950' St. widening
12' (each side) 7th St. from Southern Pacific Railroad tracks east to
Santa Fe.; 2,550' St. widening 12' (each side) Cottonwood Ave from
State St. west; 2,600' street widening 12' (each side) Cottonwood Ave
from State St. West; 3 325' street widening 12' (each side) Ramona
Blvd. from Tiger Lane north to Young St; 5,550' street widening 12'
(each side) Idyllwild Dr. from San Jacinto St. North to State St,; 1,000
curb -gutter -sidewalk each side 7th St. from Pico Ave west to Santa Fe;
construct curb and gutter in Sub -Area 13.
250' street widening 12' (each side) san Jacinto St. from Idyllwild St.
North; 1,850' street widening westside of San Jacinto street from City
limits South; 5,050' street widening 4' each side. San Jacinto from 7th
St. south to area boundary, 2,650' street widening 12' each side Santa
Fe from 7th St. south to Esplanade; 2,850' street widening 12' each
side De Anza Dr. from Water St. north to area boundary; 850' street
widening 12' each side De Anza Drive from Main St. north to Grand
Army; 1,950' street widening 12' each side 7th St. from San Jacinto
Ave to area boundary; 3,300' street widening 4' each side San Jacinto
Ave from 7th St. north to Idyllwild Dr.; Widen Ramona Expressway to 6
lane divided in Sub -Area 1; Widen Sanderson Ave to 61ane divided in
Sub -Areas 18, 20, and 21; 1,350 curb -gutter -sidewalk Young St. from
Ramona Blvd north to Idyllwild Dr; 6,100 sidewalk each side State St.
from Esplanade north to De Anza Dr; 3,800 sidewalk each side State
St. from De Anza north to Idyllwild Dr.
Parking Projects:
X
X
Purchase various parcels; paving.
Festival Drive in the Gateway development area of the General
Plan.
X
Warren Road Interchange at the Ramona Expressway.
X
Realignments:
X
Bridge Street Realignment; Realignment of the Ramona Expressway
from Warren Road to Realigned Bridge Street.
Reconstruction and General improvements
X
Reconstruct Esplanade Avenue in Sub -Area 6; Reconstruct Palm Ave
in Sub Area 6; Improve Grand Ave in Sub -Area 5; Improve Palm Ave
in Sub -Area 5.
Provide and construct a bridge across the San Jacinto River at
Main Street to the Project Area; include the necessary extension
to accompany the (Main Street) bridge.
X
RSG 66
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Table E•3 Continued
Public Intrastructu ell-acihty/Utility Improvements
Project Name
Funding
Needed
How project Will Address blight
Physical Blight
Economic Blight
o o
e
c $"—° v
n 'n O M D O
y
,
H
S'5
d
vom
0 4>
v
E
:En Let
S 8
SEWER:
Construction and Installation
X
Includes the construction or installation of an 8" main from Ramona
Expressway to Idyllwild Dr. then to Tiger Lane; 8" main in Santa Fe
from 9th to Esplanade; 8" main from Ramona Blvd to Idyllwild in St.
Street; 8" man in Young east of Ramona Blvd.; 8" main In State south
of 7th St. to Esplanade; 8" sewer in Esplanade from State St. to Santa
Fe; 8" sewer in Camino Los Banos and Cecilia south of Main; Install
sewer in San Jacinto N. of Idyllwild Dr.; Install sewer in De Anza from
Young St. to State St.; 8" sewer in Cottonwood Ave; Install 8" sewer in
7th St. from State St. To Santa Fe.; Sewer Camino Los Banos
between Main and 1st; 8" sewer in San Jacinto Ave from Shaver to
Esplanade; Construct complete sewer service in Sub -Area 1 (trunk
and local transmission lines); Construct complete sewer service in Sub
Area-2; Construct permanent sewer service in Sub Area-3; 8" main
from Ramona Expressway to Idyllwild Drive then to Tiger Lane; sewer
lines in Sub Area-13.
Replace 1st St. sewer from Mistletoe to Camino Los Banos
X
Extend lines along Ramona Expressway extension in Sub Areas
18, 19, 20, and 21
X
Enlarge City outfall in Gran Ave of industrial Way from 12" to 16"
X
WATER LINES:
Construct/Replace/ Install. Waterlines Citywide
X
Loop existing water line in San Jacinto Ave to existing line in
Allesandro Ave; Loop existing 10" water line in Idyllwild Drive to
existing line in Ramona Blvd. 12" line in Ramona. 10" in Idyllwild; Loop
Grand Ave line to line at State and 7th; Install 12" line from Gran Ave
down Scovell to State then south to 7th; Install 8" line from existing 8"
line in Ramona Blvd to Young St then east to Idyllwild Dr.; Install 12"
line in State St. from De Anza to Ramona Blvd; Install 12" line from
State St. from 7th St. to Esplanade; install 10" line in Shaver St. east of
Hewett; Replace 4" line in 2nd St. from San Jacinto to Alessandro.
New line to be 8"; Replace 4" line in Mead St. with 8" line from Sheriff
to Alessandro; Replace 4" line in Victoria with 8" line from State St. to
7111; Replace 4" in Wateka east of De Anza; Replace 4" line in Vernon
north of Main with 8" line;
Install 12" to 30" water mains in Sub Area 1; Extend lines along
Ramona Expressway extension in Sub -Areas 18, 19, 20, and 21;
Construct compete water service in Sub -Area 2; Install and upgrade
hydrants to adequate spacing and proper type In Sub -Areas 1,2 and
13; Install needed water lines in Sub -Area 13.
Purchase new or existing well to supplement existing City
system. Lines to meet existing system must be constructed; Drill
4 wells In Sub Area 1.
X
Construct 18 million gallon storage tank in Sub -Area 1.
X
Improvements
X
Reposition 48" transmission main to adequate depth in Sub -Area 6;
Improve water main in Sub -Nee 8.
( s) RSG 67
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Table E-3 Continued
Public Infrastructure/FacilitylUtility Improvements
Project Name
Funding
Needed
How Project Will Address Blight
Physical Blight
Economic Blight
m g o
o 9 _
a'
N d3
g
�_
O�
OtaJ
m n j
L
it
2
STORM DRAIN IMPROVEMENTS:
Storm Drain Facilities
X
Purchase and construct catch basin between 10th and 12th St.;
Construction of various storm drain facilities including a catch basin in
the area south of 7th St. and East of State St.; Construct storm drain
facilities at the north end of Jordan and Algona Avenues to drain to the
Cypress 5t. channel; Construct necessary drainage improvements in
Sub -Area 2 including storm drain facility between Ramona Expressway
and the San Jacinto River; Construct storm drains to eliminate surface
drainage at the intersection of Ramona Expressway and Slate Street
in Sub Area 3; Construct various flood control channels and other
improvements as need in Sub -Area 1.
Construct storm drains along State St. to the San Jacinto River in Sub
Area 3; Construct necessary drainage improvements in Sub Areas 6
and 13; North/South regional channels and drainage basins within the
Gateway area of the General plan; east of Sanderson Avenue and
north of the Ramona Expressway; Misc. drainage lines within the
Gateway development area of the General Plan; south side of the San
Jacinto Levee from the Lake Park Bridge west; from the current Corps
of Engineers levee to approximately 2 miles west of the Highway 79
(Sanderson) Bridge; Construct levee along the south side of the San
Jacinto River in Sub Area 1.
Line Construction
X
Construct various necessary lines: D1; D-2; D-3; D-4; F; F-1; F-2.; Line
B on San Jacinto Avenue from Menlo to Midway 78" pipe; Line C on
Menlo from Santa Fe to San Jacinto, 6' deep channel; Line C in an
easement west of Santa Fe, 6' deep channel; Line C-4 on Santa Fe
south of Menlo, 42" pipe; Line D-3 on San Jacinto Avenue south of
Shaver, 36" pipe; Line D-4 on San Jacinto Avenue south of 7th Street;
Line D-4 on 7th Street east of San Jacinto; 36" pipe; Line E
downstream of EMWD Reservoir, large open channel; Line E-1
parallel and adjacent to railroad tracks south of 7th street, 4' deep
channel; Line E-1 on 7th Street along frontage of mansion, 33" pipe;
Line E-2 on State Street from Line E to City Limit, large pipe (up to
81");
Line E-2a on Esplanade east of State, 36" pipe; Line E-3 along Valley
Wide Park westerly boundary, 6' deep channel; Line E-4 on 7th Street
east of Line E (between Pine and Palm), 42" pipe; Line G on De Anza
from Lyon to Grand Army, double box culvert; Line G-1 in an
easement between Ramona Blvd and De Anza, box culvert; Line G-1
on Ramona Blvd from State to 1st, box culvert; Line G-3 on Palm
Avenue south of Cottonwood, box culvert; Line H along State Street
from Ramona Expressway to Idyllwiid (channel); Line H-1 Storm drain
lines in an easement south of Ramona Expressway, 42" pipe; Line J in
an easement meandering through NE part of city, channel, N Line E-2
in an easement east of Sanderson, channel; Line 2 along Ramona
Expressway near Sanderson, 66" pipe; Line 4 along future Record
Road, box culvert; Line 6 in an easement of Ramona Expressway,
channel.
RSG
68
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
Table E-3 Continued
Public Infrastructure/Facility/Utility Improvements
Project Name
Funding Needed
How Project Will Address Blight
Physical Blight
Economic Blight
a o §
ad 2 n
a c
0 z 2
n n❑
2
i5
c
1 v,
5om
t�.>
E
b
rnP
S P
PUBLIC FACILITY IMPROVEMENTS:
Fire Service Facilities W
X
Construct Fire Station #3 In Sub -Area 1: Construct Fire Station #2.
Purchase and Restoration of Estudilio Mansion as a historical landmark
museum.
X
X
Demolition and Reconstruction of City's Public Works Yard.
X
Restoration of Vosburg Hotel as a public facility and convention -type
hotel.
X
X
X
Construction of combination civic center/school district office at
Hoffman Park.
X
Community Center
X
Construction of library and community meeting center.
Park and Recreation Facilities
X
Purchase and construct recreational facility such as a driving range for the
community
PUBLIC UTIUTY IMPROVEMENTS:
Fiber Optic Telecommunication Lines
X
Provides funding for the installation of fiber optic telecommunication lines and
utilities.
GRAND TOTAL PUBLIC IMPROVEMENT PROJECTS $105,000,000
Low- / Moderate- Affordable Housing Programs
The Agency is required to set aside no less than twenty percent (20%) of the gross tax increment revenue
generated by the Proposed Merged Project Area ("Housing Funds") for the creation and improvement of
affordable housing. These funds are to be used to increase, improve and preserve the supply of low- and
moderate- income housing in the community. To achieve this end, the Agency's activities are proposed to
include the following programs and projects:
Single Family Housing Rehabilitation Programs — this program will provide grants and other assistance to
single family owner occupied homeowners for major and minor repairs and renovations and rehabilitation .
The program will provide grants to rehabilitate owner occupied single-family homes. Eligible improvements
may include correcting building code violations, painting, roofing, heating and ventilation repairs, plumbing
repairs/replacement, electrical upgrade, window and door replacement and structural repairs.
Senior Grant Program - this program provides grants to income qualified homeowners for emergency repairs
such as unsanitary plumbing, hazardous electrical, sewer line or septic failures, or other catastrophic damage
to the home.
Rental Housing Rehabilitation Program — this program would provide loans and other assistance for to
rehabilitate and/or renovate rental housing units.
Developer Assistance Acquisition and Rehabilitation Program - The Agency may work in connection with
nonprofit housing developers for the acquisition of an affordable rental properties, including those with
RSG
69
SAN JACINTO REDEVELOPMENT AGENCY
PRELIMINARY REPORT
expiring affordability restrictions. The proposed program would rehabilitate units, and re-establish affordability
restriction to make the units available to low income families for period of fifty five years.
Habitat for Humanity -this program will involve providing assistance, as funds are available, to Habitat for
Humanity to locate sites and/or complete affordable housing projects.
Down Payment Assistance Program — if funding is available, the Agency proposes to to assist first time
homebuyers earning no more the 120% of the area median income in purchasing residential ownership units
in the City.
Other programs and projects may include, but are not limited to, site acquisition, developer subsidies for
constructing affordable units, in -fill housing, rehabilitation of existing affordable housing units, and purchase of
affordability covenants.
It is anticipated that the above mentioned projects and programs will; 1) reduce the number of unsafe
residences in the Proposed Merged Project Area, 2) alleviate declining property values, and 3) indirectly
reduce crime rates by providing suitable housing to the segment of the population most at risk for becoming
involved in criminal activity. Table E-4 identifies in greater detail the types of activities the Agency may
pursue and expend its Housing Funds on (but is not limited to these activities and projects), as well as, certain
projects that may be undertaken by the Agency in an ongoing effort to provide housing affordable to persons
of low- and moderate income in the Proposed Merged Project Area.
Table E-4
Affordable Housing Projects
Project Name
Funding
Needed
How Project Will Address Blight
Physical Blight
Economic Blight
Unsafe bldgs/
Dilapidation &
Deterioration
Hinder viable
use
Depreciated
Property
Values
High crime
rates
LOW -MOD HOUSING PROGRAM:
Provide for quality low, low -moderate and/or moderate income
housing for the community
X
X
X
Low and Moderate Income Housing
$50,582,012
X
X
X
X
Program to include Single Family Housing Rehabilitation program,
Senior Grant Program, Rental Housing Rehabilitation Program,
Developer Assistance Acquisition and Rehabilitation Program,
Habitat for Humanity, Down Payment Assistance Program as well
as other projects and programs targeted to assist households
qualifying in very low, low and moderate income categories.
RSG
70
EXHIBIT B
DRAFT OWNER PARTICIPATION RULES FOR PROPERTY OWNERS,
OPERATORS OF BUSINESS AND BUSINESS TENANTS FOR THE
MERGED SAN JACINTO REDEVELOPMENT PROJECT AREA
Redevelopment Agency of the City of San Jacinto
Merged San Jacinto Redevelopment Project Area
■ San Jacinto Redevelopment Project Area
■ Soboba Springs
Redevelopment Agency of the City of San Jacinto
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
ROSENOW SPEVACEK GROUP INC.
309 West 4th Street
Santa Ana, California 92701-4502
Phone: (714) 541-4585
Fax: (714) 541-1175
E-Mail: infoPwebrsq.com
Owner Participation ul
Redevelopment Agency of the City of San Jacinto
Table of Contents
SECTION 1. (100) Purpose and Intent 1
SECTION II. (200) Definitions 2
SECTION 111. (300) Procedures for Owner Participation 4
(301) Solicitation of Participation by the Agency to Owners;
Submission of Statement of Interest by Owners 4
(302) Submission and Form of Development Proposals 4
(303) Agency Board Evaluation of Development Proposals
Submitted by Owners 6
(304) Unsolicited Submittal of Statements of Interest and
Development Proposals by Owners 8
(305) Concurrent Consideration of Development Proposal(s)
Submitted by Non -Owners 8
(306) Negotiations Toward Execution of Owner Participation
Agreement 9
(307) Failure to Respond Waives and Relinquishes Owner
Participation Rights 9
(308) Agency Action on Agreement for Development with Non -
Owner 10
(309) Additional Regulations Pertaining to Owner Participation and
Non -Owner Participation 11
(310) Solicitation of Owner Participation Not Required in
Development of Owner's Property by an Owner and Certain
Other Instances 11
SECTION IV. (400) Reentry Preferences for Displaced
Businesses 12
(401) Notice to Displaced Businesses 12
(402) Agency Extension of Preferences 12
SECTION V. (500) Procedure for Amending Owner
Participation Rules 13
Exhibit A 14
Exhibit B 17
Exhibit C 19
Project Area Map 19
Owner Participation Rules
Redevelopment Agency of the City of San Jacinto
SECTION 1. (100) Purpose and Intent
These Owner Participation Rules have been promulgated to implement the
requirements of the Community Redevelopment Law, Califomia Health and
Safety Code Section 33000, et seq., and to implement the provisions of the
Amended and Restated Redevelopment Plan ("Amended Plan") for the Proposed
Merged San Jacinto Redevelopment Project Area, particularly with respect to
participation by property owners ("Owner") and extension of reentry preferences
to businesses in the Proposed Merged San Jacinto Project Area. The Proposed
Merged San Jacinto Redevelopment Project Area incorporates all the territory
within the boundaries of the San Jacinto Redevelopment Project Area including
the original San Jacinto Project Area adopted June 28, 1983, the area added to
the San Jacinto Project Area on December 28, 1993, and the Soboba Springs
Redevelopment Project as adopted on December 28, 1983 ("Proposed Merged
San Jacinto Project Area"). The Proposed Merged San Jacinto Project Area
does not include the territory deleted from the San Jacinto Redevelopment
Project Area on February 20, 1996.
These Owner Participation Rules shall be applicable to the Proposed Merged
San Jacinto Project Area, as it is currently proposed and as may be amended in
the future. These rules have been formulated to provide a consistent and uniform
procedure and process for owner participation and business reentry for the
Proposed Merged San Jacinto Project Area. The objectives of these Owner
Participation Rules are: (i) to implement the owner participation process in
connection with the Proposed Merged San Jacinto Project Area by encouraging,
soliciting, and, as to participants selected by the Redevelopment Agency of the
City of San Jacinto ("Agency"), carrying out by Agreement, participation in
redevelopment of the Proposed Merged San Jacinto Project Area, and (ii) to
extend and establish reasonable preference to persons who are engaged in
business in the Proposed Merged San Jacinto Project Area, if they are displaced
by the Agency, to reenter in business within the Proposed Merged San Jacinto
Project Area should they be required to move as a result of a redevelopment
project undertaken by the Agency.
These Owner Participation Rules provide to Owners a reasonable opportunity to
identify their interest in owner participation, to submit Development Proposals, to
receive good faith consideration by the Agency of complete Development
Proposals, and, as selected by the Agency, to participate in the redevelopment of
the Proposed Merged San Jacinto Project Area. These Owner Participation
Rules also allow for negotiations for the redevelopment and participation in the
Proposed Merged San Jacinto Project Area by persons and entities other than
Owners.
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
SECTION 11. (200) Definitions
For the purposes of these Owner Participation Rules, the following terms shall
have the following definitions:
A. "Agency" means the Redevelopment Agency of the City of San Jacinto, a
public body, corporate and politic.
B. "Agency Activities" means the acquisition of real property by the Agency
or by a private party pursuant to an Agreement with the Agency.
C. "Agreement" means and includes any Owner Participation Agreement,
Disposition and Development Agreement, Affordable Housing
Agreement, or any other agreement approved by the Agency Board of
Directors under which the Agency commits to participate and/or provide
financial assistance to a proposed redevelopment project.
D. "Amended Plan" means the Amended and Restated Redevelopment
Plan for the Proposed Merged San Jacinto Project Area.
E. "Business" or "Businesses" mean any person, persons, corporation,
association, partnership, limited liability company, or other entity lawfully
engaged in business within the Proposed Merged San Jacinto Project
Area.
F. "City" means the City of San Jacinto, California, a municipal corporation.
G. "City Council" means the legislative body of the City of San Jacinto.
H. "Development Proposal" means a complete and detailed proposal for a
development or redevelopment project or other participant proposal which
is timely submitted to the Agency, in accordance with, and meeting the
requirements of, Section 302 hereof.
I. "Displaced Business" means a Business, which has been displaced by
Agency notice and action in implementation of a public program or project
in conformance with applicable laws.
J. "Executive Director" means the Executive Director of the Agency, or
his/her designee.
K. "Implementation Plan" means the Five Year Implementation Plan which
was adopted by the Redevelopment Agency of the City of San Jacinto on
200 via adoption of Resolution No. , and as may be
further amended from time to time.
L. "Non -Owner" means any person or entity who is not an Owner in the
Proposed Merged San Jacinto Project Area, but is interested in the
submittal and consideration of a Development Proposal by the Agency.
ROSENOW SPEVACEK GROUP, INC. PAGE 2
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINITO
M. "Owner" or "Owners mean any person, persons, corporation,
association, partnership, limited liability company or other entity (a)
holding fee title of record to real property in the Proposed Merged San
Jacinto Project Area, or (b) holding a proprietary interest in a cooperative
housing project within the Proposed Merged San Jacinto Project Area
which includes the right to occupy a dwelling unit within the cooperative
housing project.
N. "Owner Participation Agreement" means a type of Agreement, which is
entered into between the Agency and an Owner in accordance with the
provisions of the Redevelopment Plan and the Owner Participation Rules
as set forth herein.
O. "Owner Participation Rules" means these rules governing owner
participation and reentry preferences in the Proposed Merged San
Jacinto Project Area.
P. "Participant" means an Owner, which has entered into an Owner
Participation Agreement with the Agency.
Q. "Proposed Merged San Jacinto Project Area" or "Project Area" means the
territory within the boundaries of the San Jacinto Redevelopment Project
Area including the original San Jacinto Project Area adopted June 28,
1983, the area added to the San Jacinto Project Area on December 28,
1993, and the Soboba Springs Redevelopment Project as adopted on
December 28, 1983. The Proposed Merged San Jacinto Project Area
does not include the territory deleted from the San Jacinto
Redevelopment Project Area on February 20, 1996.
R. "Statement of Interest" means a statement by an Owner that such Owner
is interested in participating in the development or redevelopment of
property or other form of participation within the Proposed Merged San
Jacinto Project Area. A Statement of Interest, whether solicited by the
Agency or submitted by an Owner on its own initiative, must be in writing,
and substantially in the form of the Owner's Statement of Interest to
Participate which is attached and incorporated as Exhibit "A" to these
Owner Participation Rules, and which may be updated from time to time
by the Executive Director.
S. "Statement of Interest in Business Reentry" means a statement by a
displaced or potentially displaced Business that such Business is
interested in reentry into the Proposed Merged San Jacinto Project Area.
A Statement of Interest in Business Reentry, whether solicited by the
Agency or submitted by a Business on its own initiative, must be in
writing, substantially in the form of the Statement of Interest in Business
Reentry which is attached and incorporated as Exhibit "B" to these Owner
Participation Rules, and which may be updated from time to time by the
Executive Director.
ROSENOW SPEVACEK GROUP, INC. PAGE 3
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
SECTION I11."(300) Procedures for Owner Participation
Owners within the Proposed Merged San Jacinto Project Area who desire to
exercise their participation rights shall follow the procedures which are set forth in
this Section III.
(301) Solicitation of Participation by the Agency to Owners; Submission of
Statement of Interest by Owners.
A. Prior to entering into an Agreement with a Non -Owner, or with another
Owner who has submitted an unsolicited proposal, for the development or
redevelopment of a particular site within the Proposed Merged San
Jacinto Project Area, the Agency, through its staff, shall notify those
Owners within the Proposed Merged San Jacinto Project Area on whose
property the project site is proposed, of the opportunity to submit a
Statement of Interest for the development of the site or other participation
proposal. The Agency shall send written notice via certified or registered
United States mail to those Owners whose property, within the Proposed
Merged San Jacinto Project Area, is the subject of the proposed
development. Owners so notified by mail shall be given thirty (30) days,
or any longer period as the Agency may specify in the notice, from the
date the notice is mailed by the Agency to submit a Statement of Interest
to the Agency.
B. Not later than thirty (30) days after the end of the period set forth above in
Section 301 for timely submittal of Statements of Interest, the Agency staff
shall acknowledge receipt of the Statements of Interest by sending
confirming letters to the Owners who have submitted such Statements of
Interest. Such written acknowledgment does not and shall not obligate
the Agency to select an Owner/applicant, or to ultimately reach
agreement with any Owner/applicant, or to exclusively negotiate with any
Owner/applicant.
(302) Submission and Form of Development Proposals
A. Owners who have timely submitted a Statement of Interest may submit a
more detailed Development Proposal subject to the following time periods
and procedures:
Within forty-five (45) days after the date of mailing of the Agency
confirmation letter acknowledging receipt of the Statement of
Interest, any Owner who has timely submitted a Statement of
Interest must submit to the Agency a Development Proposal if such
Owner wishes to continue with the process.
B. Development Proposals shall include the following:
ROSENOW SPEVACEK GROUP, INC. PAGE 4
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
Construction and development pro forma, a site plan, a
business/operating plan, developer qualifications, a narrative
description of the market support for the proposed project, an
operating pro forma, as applicable, and an explanation of the
economic benefits of the proposed project to the Agency, the City,
and the community.
ii. The proposed uses must conform with the requirements, intent,
goals, and objectives of the Amended Plan, the Implementation
Plan, the City General Plan, any applicable redevelopment criteria
specified by the Agency in the notice sent to Owners as provided in
Section 301, zoning, other applicable development standards, and
other applicable federal, state and local laws, codes and
regulations.
C. The Development Proposal submitted by an Owner may provide for an
Owner to participate in substantially the same location as the Owner's
present use, may provide for expansion of the Owner's present use by
retaining all or portions of Owner's property and acquiring adjacent
property, may provide for the Owner's participation in a location within the
Proposed Merged San Jacinto Project Area different from the location in
which the Owner's property is currently located, or may propose some
other form of participation by the Owner in the redevelopment of the
proposed development site.
D. Owners shall provide such additional information as may be reasonably
requested by the Executive Director and Agency staff.
E. The Agency's staff will be available prior to the end of the 45 day deadline
for submissions of Development Proposals to discuss owner participation,
respond to questions, and assist Owners in the preparation of
Development Proposals; provided that the Owner in all instances (and not
the Agency staff) shall be responsible for the content, form, and
preparation of any Development Proposal.
F. The Agency, through its staff, will review Development Proposals upon
receipt thereof, and shall notify Owners whether the Development
Proposals submitted comply with the requirements of these Owner
Participation Rules and have been determined to be complete or
incomplete. In the event the Agency staff notifies an applicant submitting
a Development Proposal that the Development Proposal is incomplete or
that additional information is required, such applicant may be allowed
fifteen (15) days from such Agency staff notification to complete and
resubmit its Development Proposal. The failure to provide such additional
information and resubmit the revised Development Proposal in a timely
manner shall automatically disqualify such Development Proposal from
any further consideration and shall be deemed a rejection by the Agency
of such proposal. Notwithstanding the foregoing, initial Development
Proposal submissions which do not include or address all of the required
ROSENOW SPEVACEK GROUP, INC. PAGE 5
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
items may, in the discretion of the Agency Staff, be rejected without an
opportunity for resubmission.
(303) Agency Board Evaluation of Development Proposals Submitted by
Owners
A. The Agency Board shall consider in good faith and without discrimination
all Development Proposals timely submitted by Owners (who previously
also timely submitted a Statement of Interest), and determined by Agency
staff to be complete, at a regular or special Agency meeting held at the
earliest feasible time but not later than sixty (60) days after the conclusion
of the Development Proposal submission period described in Section
(302)(A) above and as may be extended pursuant to Section 302 (F).
After consideration of the Development Proposals, the Agency Board
may, in the exercise of its discretion, accept, conditionally accept,
continue the item for additional review, or reject any or all Development
Proposals submitted by Owners, and/or may select, if at all, a
Development Proposal in accordance with this Section 303 and these
Owner Participation Rules.
B. In the exercise of its discretion, the Agency acknowledges that its primary
purpose, objective, and duty is to carry out and implement the Amended
Plan and to eliminate blight in the interest of the health, safety and welfare
of the community. The Agency's decision to accept, conditionally accept,
or reject any Development Proposal will be made in consideration of such
purpose, objective, and duty.
C. Development Proposals shall be evaluated by the Agency with
consideration of factors determined by the Agency to be relevant in
carrying out its duties to implement the Amended Plan and the
Implementation Plan, which may include, but are not limited to, some or
all of the following factors (the following factors are not listed in any
particular order of ranking):
Conformity of the Development Proposal, including proposed uses,
with the requirements, intent, goals, and objectives of the Amended
Plan, the Implementation Plan, the City General Plan, the Specific
Plans, applicable redevelopment criteria specified by the Agency in
the notice sent to Owners as provided in Section 301, zoning, other
development standards, and other applicable federal, state and
local laws, codes and regulations;
ii. Quality of design and project concept;
iii. Whether the Owner has proposed participation in the same location
as the proposed development site or in a different location;
ROSENOW SPEVACEK GROUP, INC. PAGE 6
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
iv. The employment opportunities and economic benefits to the
Agency and to the City which can be reasonably expected to result
from the implementation of the Development Proposal;
v. The qualifications of the Owner/applicant or its developer entity
team proposed to develop the project described in the Development
Proposal, including financial capacity to undertake the project, prior
experience with similar development, quality of prior development
projects, degree of site control, ability to obtain financing, ability to
abide by Agency design standards and development controls, and
readiness to proceed;
vi. The estimated cost, if any, of City and/or Agency financial
involvement, including the provision of City and/or Agency public
services, subsidies, or public improvements required if the
Development Proposal is accepted, and the availability of sufficient
Agency and/or City funds to pay such costs;
vii. The economic benefits to the Agency, the City, and the community,
as determined by a cost/benefit analysis, if the Development
Proposal were to be approved and the proposed project is
implemented;
viii. The effect of the Development Proposal on elimination of blighting
conditions within the Proposed Merged San Jacinto Project Area
and the upgrading of uses;
ix. The probability of successful implementation of the Development
Proposal;
x. The time schedule for completion of the proposed project;
xi. The potential for displacement of persons and/or businesses and
the need for relocation of Proposed Merged San Jacinto Project
Area residents, tenants, owners, or business operators in the
implementation of the Development Proposal, and the need to
create replacement housing for destroyed or removed housing units
or projects;
xii. The need for acquisition of interests in real property for the
implementation of the Development Proposal, and the willingness of
existing owners and holders of other property interests to sell such
property;
xiii. The environmental benefits or impacts of the proposed
development, and evaluation of the cost and method of mitigation of
such impacts, if any;
xiv. The impact of the Development Proposal on existing buildings and
improvements; and
ROSENOW SPEVACEK GROUP, INC. PAGE 7
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
xv. The merits of the Development Proposal relative to the merits of
other Development Proposals for the same proposed development
site or for other sites in the Proposed Merged San Jacinto Project
Area.
D. Nothing in the Owner Participation Rules shall obligate the Agency to
select any Development Proposal. All costs associated with submitting a
Statement of Interest and any subsequent Development Proposal shall
be borne solely by the Owner or Non -Owner submitting such
document(s).
(304) Unsolicited Submittal of Statements of Interest and Development
Proposals by Owners
A. Under these Owner Participation Rules, Owners may submit Statements
of Interest to the Agency on their own initiative, rather than through the
solicitation of interest by the Agency as described in Section 302 above,
even if the Agency has not notified Owners of a development opportunity
on a proposed development site.
B. Owners who have submitted a Statement of Interest under Section 304
(A) above will be notified by Agency staff within thirty (30) days of
submittal of the Statement of Interest that such Owner may submit a
Development Proposal to the Agency also at their own initiative, even if
the Agency has not notified Owners of a development opportunity for a
proposed development site. Except as otherwise provided in this Section
304, Development Proposals submitted pursuant to an unsolicited
Statement of Interest shall be processed and evaluated in accordance
with and subject to Sections 302 and 303.
C. The Agency will not accept or consider untimely or unsolicited Statements
of Interest and/or Development Proposals concerning real property in the
Proposed Merged San Jacinto Project Area for which the Agency has
already selected an Owner or a Non -Owner for development or
redevelopment of such particular site in conformity with these Owner
Participation Rules.
D. Submission of an unsolicited Statement of Interest or follow-up
Development Proposal shall not obligate the Agency to select or approve
any development plan, proposal or application.
(305) Concurrent Consideration of Development Proposal(s) Submitted
by Non -Owners
A. Any Non -Owner may submit to the Agency a Development Proposal for
the proposed development of property within the Proposed Merged San
Jacinto Project Area at the same time that Owners are submitting
ROSENOW SPEVACEK GROUP, INC. PAGE 8
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
Development Proposals solicited by the Agency pursuant to these Owner
Participation Rules.
B. The Agency may, but is not required to, evaluate, consider, and take
action on such Development Proposal(s) from one or more Non -Owners
concurrently with its evaluation, consideration, and action on the
Development Proposals solicited by the Agency and submitted by
Owners under these Owner Participation Rules.
(306) Negotiations Toward Execution of Owner Participation Agreement
or Other Agreement
The Agency shall use good faith efforts to negotiate toward and enter into a
mutually acceptable Owner Participation Agreement (or other Agreement, as
applicable) with the selected Owner or Non -Owner, as the case may be, whose
Development Proposal has been selected or conditionally selected by the Agency
Board, if any. Each Agreement shall contain provisions necessary to ensure that
the Development Proposal will be carried out with such covenants, conditions and
restrictions as the Agency reasonably requires. Each Agreement will require the
selected Owner or Non -Owner, as applicable, to execute and record such further
documents as the Agency may require in order to ensure conformance with the
Community Redevelopment Law and other applicable laws, to provide record
notice of covenants, conditions and restrictions which are imposed by the
Agreement, and to provide security for the obligations of the selected Owner or
Non -Owner. All Agreements with an Owner shall become effective only when
executed by the Owner/Participant and duly approved by the Agency Board. If
negotiations with the selected Owner or Non -Owner does not lead to an
Agreement within a reasonable time, the Agency may, in its discretion, select a
different Development Proposal from among the prior submissions, may solicit
new Development Proposals from those previously submitting Development
Proposals, or may start the process anew.
(307) Failure to Respond Waives and Relinquishes Owner Participation
Rights
Subject to the notice requirements of these Owner Participation Rules, an Owner
who does not submit a Statement of Interest or a Development Proposal meeting
the requirements of Section 302 and Section 303 above within the required time
periods shall be deemed to have conclusively waived and relinquished any right
of the Owner to be considered as an Owner or Participant with respect to a
proposed development site pursuant to the Amended Plan and these Owner
Participation Rules.
ROSENOW SPEVACEK GROUP, INC. PAGE 9
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
(308) Agency Action on Agreement for Development with Non -Owner,
Limitations on Re -Opening Owner Participation Process
A. The Agency may enter into an Agreement with any Non -Owner for the
development or rehabilitation of property implementing a Development
Proposal submitted by a Non -Owner, after one of the following has
occurred:
i. The Agency has given notice of a development opportunity as set
forth in Section 301 hereof and has received no Statements of
Interest from Owners during the time period set forth in Section 301
for submission of Statements of Interest; or
ii. The Agency has given notice of a development opportunity as set
forth in Section 301 hereof and has received one or more
Statements of Interest from Owners during the time period set forth
in Section 301 for submission of Statements of Interest, but has
received no Development Proposals during the time period set forth
in Section 301 for submission of Development Proposals; or
iii. The Agency has given notice of a development opportunity as set
forth in Section 301 hereof and has received one or more
Development Proposals from Owners for the specified site, and the
Agency has considered and rejected all such Owner -submitted
Development Proposals pursuant to Section 303 hereof.
B. Any substantial changes in a Development Proposal from an Owner or a
Non -Owner selected by the Agency subsequent to the selection of such
Development Proposal shall not require or be construed to require the
Agency to re -notify any Owners of property within the Proposed Merged
San Jacinto Project Area of the opportunity to submit or re -submit a
Statement of Interest or a Development Proposal for the development of
the site. Once the Agency has selected a Development Proposal from
and entered into an Agreement with an Owner or a Non -Owner, or if
negotiations with such Owner or Non -Owner do not lead to an
Agreement, the Agency shall not be under any obligation or continuing
obligation to re -offer the development opportunity to any Owner not
selected by the Agency or to any other Owners or Non -Owners. The
Agency advises and acknowledges that Development Proposals
commonly are revised during the process of negotiating and
implementing an Agreement, as further analysis is performed of the legal,
economic, design, and other aspects of the proposed project. Such
revisions do not re -open the Owner participation process under these
Owner Participation Rules and do not entitle any other Owner or Non -
Owner to receive an additional opportunity to participate in the
development.
ROSENOW SPEVACEK GROUP, INC. PAGE 10
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
(309) Additional Regulations Pertaining to Owner Participation and Non -
Owner Participation
An Owner's or Non -Owner's opportunity to participate under these Owner
Participation Rules is not and shall not be construed to constitute a right of
first refusal or a right of first negotiation of any proposal or agreement.
B. Time is of the essence in the submission of Statements of Interest and
Development Proposals by Owners, and the Agency may enter into
Agreements for the development and/or redevelopment of property
without the need to consider Statements of Interest and Development
Proposals which have not been timely submitted in accordance with the
time periods set forth above and/or which do not meet the requirements
for a complete Development Proposal as set forth herein.
C. Nothing herein shall prevent or preclude the Agency from entering into an
Exclusive Negotiation Agreement ("ENA") or similar agreement with any
Owner and Non -Owner with respect to a development site, whether prior
to or during the Owner Participation process. The entering into an ENA or
similar agreement by the Agency shall not be, or construed to be, a
prejudgment or pre -commitment concerning any Development Proposal
or the selection of any Owner or Non -Owner for a development site.
(310) Solicitation of Owner Participation Not Required in Development of
Owner's Property by an Owner and Certain Other Instances
A. If an Owner desires to develop or rehabilitate its own property, no
solicitation of Statements of Interest or Development Proposals from other
Owners shall be required prior to the Agency entering into an Owner
Participation Agreement (or other Agreement) with such Owner for the
development or rehabilitation of the Owner's own property.
B. No solicitation of Statements of Interest or Development Proposals from
Owners shall be required prior to the Agency entering into an agreement
for the development of Agency -owned property.
C. No solicitation of Statements of Interest or Development Proposals from
Owners shall be required prior to the Agency entering into an Agreement
for the development or rehabilitation of real property outside of the
Proposed Merged San Jacinto Project Area.
D. No solicitation of Statements of Interest or Development Proposals from
Owners or Non -Owners shall be required prior to the Agency entering into
a non-exclusive negotiation agreement or similar agreement with an
Owner or Non -Owner. The entering into a non-exclusive negotiation
agreement or similar agreement by the Agency shall not be, or
constructed to be, a prejudgment or pre -commitment concerning any
ROSENOW SPEVACEK GROUP, INC. PAGE 11
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
Development Proposal or the selection of any Owner or Non -Owner for a
development site.
SECTION IV. (400) Reentry Preferences for Displaced Businesses
Persons who are engaged in businesses in the Proposed Merged San Jacinto
Project Area which have been displaced by Agency Activities and who have not
otherwise been relocated pursuant to the Agency's Method of Relocation who
desire to exercise their reentry preferences shall follow the procedures which
are set forth in this Section IV.
(401) Notice to Displaced Businesses
The Agency shall notify any Businesses which are to be displaced by Agency
Activities ("Displaced Businesses") of their right of reasonable preference to
reenter in business within the Proposed Merged San Jacinto Project Area. Such
written request from the Business to re-enter shall be in writing and, substantially
in the form of the Statement of Interest in Business Reentry in the Proposed
Merged San Jacinto Project Area which is attached and incorporated as Exhibit
"B" to these Owner Participation Rules. Businesses so notified shall be given
thirty (30) days from the date the notice is given by the Agency to submit a
Statement of Interest to the Agency.
(402) Agency Extension of Preferences
The Agency shall exercise reasonable efforts to secure preferential rights for
Displaced Businesses in Owner Participation Agreements or Disposition and
Development Agreements which provide for the development of structures in
which a Displaced Business might re-enter. Displaced Businesses which desire
to pursue such reentry opportunities may negotiate directly with the owner of the
property in which the reentry opportunity is located. The ability of a Displaced
Business to re-enter will depend, in part, upon the ability of the Displaced
Business to participate on the basis proposed by the owner of the property,
including such factors as the ability to pay the requisite rent, the suitability of the
proposed use of the Displaced Business for the development under
consideration, the Displaced Business's readiness to proceed, and other factors.
The Displaced Business also must conform to all applicable requirements of the
Amended Plan. The preferences established by this Section IV shall not be
construed to require the Agency to provide a subsidy or other financial assistance
to such Displaced Businesses to enable them to reenter business in the
Proposed Merged San Jacinto Project Area.
ROSENOW SPEVACEK GROUP, INC. PAGE 12
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
SECTION V. (500) Procedure for Amending Owner Participation Rules
The Agency may amend these Owner Participation Rules at a regular or special
meeting.`
ROSENOW SPEVACEK GROUP, INC. PAGE 13
Owner Participation Rules
Redevelopment Agency of the City of San Jacinto
Exhibit A
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
OWNER'S STATEMENT OF INTEREST TO PARTICIPATE
I hereby express my interest in participating in development or redevelopment of the following
site (the "Site") within the Merged San Jacinto Redevelopment Project Area (the "Project
Area") (See attached map)
Please print or type information below:
1. Name: Telephone:
2. Fax: Email:
3. Address:
I am the record fee owner of the following property within the Site (Please provide
street address of property):
5. I wish to participate in the proposed project on the Site as follows:
0 I wish to construct a new building or other improvements on my present
property.
0 I wish to acquire property within the Project Area and construct a new building
or other improvements on the property I acquire. (Identify proposed property
below)
❑ I wish to acquire property within the Project Area for expansion of my current
business or other use. (Identify proposed property and existing business/use
below)
❑ I wish to rehabilitate/remodel my present property.
nnrre irmnnnrsrn uir+ nnnr nA
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
❑ I wish to acquire property within the Project Area and rehabilitate/remodel an
existing building or other improvements on the property I acquire. (Identify
proposed property below)
❑ I wish to sell my present property.
❑ Other. Please Describe:
Location and description of property proposed to be acquired (If applicable):
6. Background, experience, and information concerning you and your proposal (you
may include further information, including a site plan, construction and operating pro formas,
business plan and other information relevant to your proposed activity, on additional sheets if
you desire to do so, but such additional information is not required at this time):
(a) Generally describe your background and experience, particularly with respect
to development of real property:
(b) Describe the development and redevelopment activities you propose and
indicate your experience relevant to your proposal:
Other remarks:
7. By my signature below:
I acknowledge receipt of a copy of the Owner Participation Rules. The Owner Participation
Rules and Reentry Preferences describe in detail when and how I may participate in the
Project and the Agency's obligations with respect to my proposal.
I understand that after I timely submit this Statement of Interest I will be required to submit a
detailed "Development Proposal" within the time period specified in and conforming to the
ROSENOW SPEVACEK GROUP, INC. PAGE 15
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
requirements of the Owner Participation Rules in order for my Development Proposal to be
considered by the Redevelopment Agency of the City of San Jacinto.
I understand that submission of this Statement of Interest does not in any way obligate me to
participate in the Project, or obligate the Redevelopment Agency of the City of San Jacinto to
approve my proposal. I understand that I have no absolute right to participate in
development or redevelopment of the Project Area.
This Statement of Interest is presented to the Agency pursuant to the Owner Participation
Rules and Reentry Preferences on the day of
2 .
Signed:
Print Name:
Title (if applicable):
ROSENOW SPEVACEK GROUP, INC. PAGE 16
Owner Participation Rules
Redevelopment Agency of the City of San Jacinto
Exhibit B
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
STATEMENT OF INTEREST IN BUSINESS REENTRY IN
THE SAN JACINTO MERGED REDEVELOPMENT PROJECT AREA
I hereby express my interest in reentering business within the Merged San Jacinto
Redevelopment Project Area (the "Project Area")
1. Name: Telephone:
2. Fax: Email:
3. Address:
4. I am the owner of the following Business which may be or was displaced from the
following site within the Project Area (the "Site") by notice and action of the
Redevelopment Agency of the City of San Jacinto (Identify name and address of
displaced Business and location of the Site; attach map of the Site):
5. I wish to reenter business in the Project checked below as follows:
❑ I wish to be notified by the Agency of opportunities to lease finished rental
space within the Project Area.
❑ I wish to be notified by the Agency of opportunities to purchase property
within the Project Area.
❑ Other. Please Describe:
6. Background, experience, and information concerning you and your interest in
reentering business within the Project Area.
OWNER PARTICIPATION RULES
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
(a) Generally describe business background and experience:
(b) Describe the business activities you propose and indicate your experience
relevant to your proposal:
(c) Other remarks:
7. By my signature below:
I acknowledge receipt of a copy of the Owner Participation Rules. My reentry in business in
the Project Area, and the Agency's obligations with respect to my reentry, are subject to the
requirements of and set forth in detail in the Owner Participation Rules.
I understand that submission of this Statement of Interest in Business Reentry does not in
any way obligate me to reenter business within the Site or the Proposed Merged San Jacinto
Project Area, or obligate the Redevelopment Agency of the City of San Jacinto to obtain a
business opportunity for me. I understand that I have no absolute right to reenter business
within the Project Area.
Signed:
Print Name:
Title (if applicable):
Date:
ROSENOW SPEVACEK GROUP, INC. PAGE 18
MERGED SAN JACINTO REDEVELOPMENT PROJECT AREA
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EXHIBIT C
DRAFT METHOD OF RELOCATION FOR THE
MERGED SAN JACINTO REDEVELOPMENT PROJECT AREA
Redevelopment Agency of the City of San Jacinto
Redevelopment Agency of the City of San
Jacinto
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
ROSENOW SPEVACEK GROUP INC.
309 West 4th Street
Santa Ana, Califomia 92701-4502
Phone: (714) 541-4585
Fax: (714) 541-1175
E-Mail: infoaa webrsg.com
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
METHOD OF RELOCATION FOR
AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE
MERGED SAN JACINTO REDEVELOPMENT PROJECT AREA
BACKGROUND
In the adoption and implementation of the Amended and Restated Redevelopment
Plan ("Amended Plan") for `Merged San Jacinto Redevelopment Project ("Merged
Project Area"), the Redevelopment Agency of the City of San Jacinto ("Agency") is the
public agency responsible for relocation resulting from the acquisition of real property
by the Agency or by a private party pursuant to an agreement with the Agency
("Agency Acquisition").
The Merged San Jacinto Project Area incorporates all the territory within the
boundaries of the San Jacinto Redevelopment Project Area including the original San
Jacinto Project Area adopted June 28, 1983, the area added to the San Jacinto Project
Area on December 28, 1993, and the Soboba Springs Redevelopment Project as
adopted on December 28, 1983. The Merged San Jacinto Project Area does not
include the territory deleted from the San Jacinto Redevelopment Project Area on
February 20, 1996. The Merged San Jacinto Project Area totals approximately 4,085
acres. Exhibit A illustrates the boundaries of the Merged San Jacinto Redevelopment
Project Area.
The proposed amendments being considered by the Agency incorporate the following:
1) merge the San Jacinto and Soboba Springs Redevelopment Project Areas for
financial reasons; 2) update and expand the capital improvement projects list for both
project areas; 3) adopt a single Merged, Amended and Restated Redevelopment Plan
to cover the existing project areas; 4) re -instate eminent domain authority in the San
Jacinto Project Area only for a 12 year period commencing with the effectiveness of the
ordinance adopting the Amended Plan (if adopted); and (5) update other technical
provisions of the Amended Plan to be consistent with California Community
Redevelopment Law ("CRL"). The proposed amendments are an outgrowth of the
Agency goals to continue redevelopment efforts currently underway and provide sites to
locate affordable housing.
The Amended Redevelopment Plan
The Agency has prepared a draft Amended Plan, pursuant to the CRL, the California
Constitution, and all applicable laws and ordinances. It does not present a specific plan
for the redevelopment, rehabilitation, and revitalization of any property or area within
the Merged San Jacinto Project Area; instead, it establishes a process and framework
for implementation of revitalization efforts.
ROSENOW SPEVACEK GROUP INC. PAGE 1
Method of Relocation
Sections 33352(f) and 33411 of the CRL require that the Agency prepare a method or
plan for the relocation of persons who may be temporarily or permanently displaced as
a result of an Agency Acquisition from housing facilities located within the Merged San
Jacinto Project Area, and nonprofit local community institutions to be temporarily or
permanently displaced as a result of an Agency Acquisition from facilities actually used
for institutional purposes in the Merged San Jacinto Project Area. In the application of
this Method of Relocation, the Agency will meet its relocation responsibilities through
the use of its staff and consultants, supplemented by assistance from local realtors,
social service agencies, and civic organizations.
It may be necessary for the Agency to undertake relocation actions at some time during
project implementation. Specific residents, or nonprofit local community institutions
which may be affected by an Agency Acquisition to the extent of a possible relocation
cannot be identified at this time. If relocation activities are undertaken, the Agency will
handle those relocation cases, which result from an Agency Acquisition on a case -by -
case basis.
As provided in Section 33411.1 of the CRL, the Agency shall not displace from housing
units persons or families of low- and moderate -income unless and until there is a
suitable housing unit available and ready for occupancy by such displaced person or
family at rents comparable to those at the time of their displacement, and such
relocation housing shall be decent, safe, sanitary and suitable to their individual needs;
located in areas not less desirable than the displaced person's existing housing unit
with respect to access to public utilities, commercial facilities and services. The
relocation housing must also be reasonably accessible to the displaced persons' places
of employment and priced within their financial means (all of the foregoing as defined in
State laws and regulations).
The Agency is required to adhere to the State Relocation Law (Government Code 7260
through 7277) and follow the California Relocation Assistance and Real Property
Acquisition Guidelines ("State Guidelines") as established in the California Code of
Regulations, Title 25, Chapter 6.
Therefore, in conformance with Sections 33352(f) and 33411 of the CRL, the Agency
adopts, as its "Method of Relocation," the State Guidelines and the State Relocation
Law, as those regulations may be amended by the State from time to time. A copy of
the State Guidelines and the State Relocation Law which exist as of this date of
adoption of this Method of Relocation are incorporated herein by this reference as
Exhibit B and C respectively. Any amendments to the State Guidelines of State
Relocation Law shall automatically be incorporated in Exhibits B and C respectively.
Any Amendments to the State Guidelines or State Relocation Law shall automatically
be incorporated in Exhibits B and C respectively without the need for further action by
the Agency. Any interested person may contact the Agency to obtain the latest version
of the State Guidelines and State Relocation Law, which are also available on the
internet.
Prior to commencement of any Agency Acquisition which will cause substantial
displacement of residents and/or businesses, a specific relocation plan in conformance
ROSENOW SPEVACEK GROUP INC. PAGE 2
with the State Guidelines will be prepared and adopted by the Agency. This Relocation
Method does not confer any rights or benefits greater than those set forth in the State
Guidelines and State Relocation Law. In the event of any conflict between this
Relocation Method and the State Guidelines and State Relocation Law, the State
Guidelines and State Relocation Law shall control.
Exhibit A
Exhibit B
Exhibit C
Merged San Jacinto Redevelopment Project Area Map
State Guidelines
State Relocation Law
ROSENOW SPEVACEK GROUP INC. PAGE 3
ROSENOW SPEVACEK GROUP INC.
MERGED SAN JACINTO REDEVELOPMENT PROJECT AREA
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STATE GUIDELINES
(SEE FOLLOWING PAGES)
ROSENOW SPEVACEK GROUP INC. PAGE 5
ALIFORNIA CODE OF REGULATIONS
TITLE 25, DIVISION 1, CHAPTER 6
CALIFORNIA RELOCATION ASSISTANCE AND
REAL PROPERTY ACQUISITION GUIDELINES
As of November 1999
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PACIFIC &
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
CALIFORNIA RELOCATION ASSISTANCE AND
REAL PROPERTY ACQUISITION GUIDELINES
CALIFORNIA CODE OF REGULATIONS, TITLE 25, CHAPTER 6
INDEX
ARTICLE 1. GENERAL 1
6000. Order of Adoption 1
6002. Statement of Purpose and Policy 1
6004. Applicability and Supersedure 1
6006. Regulations 2
6008. Definitions 2
6010. Prior Determinations 6
6012, Citizen Participation 7
6014. Prerequisite to Displacement 7
6016. Remedies 7
6018. Priority of Federal Law 8
6020. Severability 8
ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND
ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 9
6030. Purpose 9
6032. Relocation Assistance Advisory Program 9
6034. Eligibility 9
6036. Rehabilitation and Demolition 10
6038. Relocation Plan 10
6040. Minimum Requirements of Relocation Assistance Advisory Program 11
6042. Replacement Housing Prior to Displacement; Notices To Displaced Persons 12
6044. Temporary Move 13
6046, Infolination Program 14
6048. Survey and Analysis of Relocation Needs 14
6050. Failure to Conduct Timely and Effective Survey 15
6052. Survey and Analysis of Available Relocation Resources 15
6054. Last Resort Housing 17
6056. Termination of Relocation Assistance 17
6058. Eviction 17
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
6060. Evaluation of Relocation 18
ARTICLE 3. RELOCATION PAYMENTS 20
6080. Purpose 20
6082. Relocation Payment by Public Entity 20
6084. Basic Eligibility Conditions 20
6086. Notice of Intent to Displace 20
6088. Filing of Claims; Submission of Tax Returns 20
6090. Actual Reasonable Moving Expenses 20
6092. Actual Direct Losses of Tangible Personal Property 23
6094. Actual Reasonable Expenses in Searching for a Replacement Business or Farm 23
6096. Moving Expenses - Outdoor Advertising Businesses 23
6098. Alternate Payments Individuals and Families 24
6100. Alternate Payments Businesses and Farm Operations 24
6102. Replacement Housing Payments for Homeowners 26
6104. Replacement Housing Payments for Tenants and Certain Others 29
6106. Proration of Payments 30
6108. Condition of Replacement Dwelling 30
6110. Certificate of Eligibility 31
6112. Manufactured Homes and Mobilehotnes 31
6114. Affected Property 32
ARTICLE 4. LAST RESORT HOUSING 33
6120. Purpose 33
6122. Determination of Need for Last Resort Housing 33
6124. Development of Replacement Housing Plan 33
6126. Submission of Plan for Comment 34
6128. Determination by Displacing Public Entity of Feasibility and Compliance 34
6130. Implementation of the Replacement Housing Plan 34
6132. Housing Production 35
6134. Jointly Sponsored Development 35
6136. Last Resort Housing In Lieu of Payments 35
6138. Conformity with the Act and Other Statutes; Policies and Procedures 35
6139. Last Resort Housing 35
ARTICLE 5. GRIEVANCE PROCEDURES 37
6150. Purpose 37
6152. Right of Review 37
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
6154. Notification to Complainant 37
6156. Stages of Review by a Public Entity 37
6158. Formal Review and Reconsideration by the Public Entity 38
6160. Refusals to Waive Time Limitation 39
6162. Extension of Time Limits 39
6164. Recommendations by Third Party 39
6166. Review of Files by Claimant 39
6168. Effect of Determination on Other Persons 39
6170. Right to Counsel 39
6172. Stay of Displacement Pending Review 39
6174. Joint Complainants 39
6176. Judicial Review 40
ARTICLE 6. ACQUISITION POLICIES 41
6180. Purpose 41
6182. Acquisition 41
6184. Notice of Decision to Appraise 43
6186. Time of Offer 43
6188. Notice of Land Acquisition Procedures 43
6190. Notice of Public Entity's Decision Not to Acquire 44
6192. Incidental Expenses 44
6194. Short Term Rental 44
6195. Public Information 45
6196. Service of Notice 45
6198. Nonpossessory Interest Exception 45
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES
AS OF NOVENIRER 1999
ARTICLE 1. GENERAL
6000. Order of Adoption. This subchapter (hereinafter referred to as the "Guidelines") is adopted
pursuant to the provisions of Section 41135, Health and Safety Code, in order to implement,
interpret and to make specific provisions of Division 7, commencing with Section 7260 of the
Government Code (hereinafter referred to as the "Act"), relating to relocation assistance, last
resort housing and real property acquisition.
6002. Statement of Purpose and Policy.
(a) The purpose of the Guidelines is to assist public entities in the development of regulations
and procedures implementing the Act.
(b) The Guidelines are designed to carry out the following policies of the Act::
(1)To ensure that uniform, fair and equitable treatment is afforded persons
displaced from their homes, businesses or farms as a result of the actions of a public
entity in order that such persons shall not suffer disproportionate injury as a result of
action taken for the benefit of the public as a whole; and
(2) In the acquisition of real property by a public entity, to ensure consistent and
fair treatment for owners of real property to be acquired, to encourage and expedite
acquisition by agreement with owners of such property in order to avoid litigation and
relieve congestion in courts, and to promote confidence in public land acquisition.
(c) A public entity shall not participate in or undertake a project that will displace individuals
from their homes unless comparable replacement dwellings (see subsection 6008(c)) will be
available within a reasonable period of time prior to displacement.
(d) The Guidelines are intended to establish only minimum requirements for relocation
assistance and payments. They shall not be construed to limit any other authority or obligation
which a public entity may have to provide additional assistance and payments.
(e) The Act and the Guidelines are intended for the benefit of displaced persons, to ensure that
such persons receive fair and equitable treatment and do not suffer disproportionate injuries as
the result of programs designed for the benefit of the public as a whole. The Act, Guidelines
and all applicable regulations on which determinations are based shall be construed to effect
this intent.
6004. Applicability and Supersedure.
(a) Except as otherwise noted in this section, the Guidelines are applicable to all displacement
and acquisition occurring on or after their effective date, January 1, 1977.
(b) These Guidelines supersede those adopted by the Commission of Housing and Community
Development on October 17, 1973. The guidelines so superseded shall not apply to any
displacement or acquisition occurring on or after the effective date of these Guidelines. Any
such displacement or acquisition shall be governed solely by these Guidelines and the
California Relocation Act, found at Government Code Section 7260 et seq.
The provisions of these Guidelines, however, shall not be construed retroactively to apply to
action(s) undertaken by a public entity prior to their effective date where the purpose of the
action was to fulfill obligations imposed by the Act and action is in compliance with the
requirements of the Act and the existing Guidelines. For the purpose of this section the term
"action" shall include but is not limited to: the provision of information, notice, other assistance,
comparable replacement housing, payment and other benefits; the preparation of relocation and
last resort housing plans, including the survey and analysis of needs and resources; the
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVENBER 1999
processing of grievances; and the various steps taken in connection with the acquisition of
property for public use.
These guidelines shall apply to relocation plans and notices to displacees subsequent to the
effective date of any regulatory provision. The right of displacees shall not be reduced in
reliance on any amendment to these guidelines where it may be demonstrated that the
displacee has acted in reliance on a notice given to that household prior to the effective date
of any guideline.
(c) To the extent that these Guidelines are from time to time amended, the amendments
shall be effective prospectively from the date that they become effective.
6006. Regulations.
(a) Each public entity before undertaking or participating in activity which will result in the
displacement of persons shall adopt rules and regulations that implement the requirements of
the Act, are in accordance with the provisions of the Guidelines, and prescribe additional
procedures and requirements that are appropriate to the particular activities of the public entity
and not inconsistent with the Act or Guidelines.
(b) Rules and regulations issued under this section shall be promptly revised as necessary, to
conform to any amendment of the Act or Guidelines.
6008. Definitions. The following terms shall mean:
(a) Acquisition. Obtaining ownership or possession of property by lawful means.
(b) Business. Any lawful activity, except a farm operation provided such lawful activity is not
in an unlawful occupancy as defined in subsection (v), conducted primarily:
(1) For the purchase, sale, lease, or rental of personal and real property, and for the
manufacture, processing, or marketing of products, commodities, or any other personal
property;
(2) For the sale of services to the public;
(3) By a nonprofit organization; or
(4) Solely for the purpose of a moving expense payment (see section 6090), for
assisting in the purchase, sale, resale, manufacture, processing, or marketing of
products, commodities, personal property, or services by the erection and maintenance
of an outdoor advertising display, whether or not such display is located on the premises
on which any of the above activities are conducted.
(c) Comparable Replacement Dwelling. A dwelling which satisfies each of the following
standards:
(1) Decent, safe and sanitary (as defined in subsection 6008(d)), and comparable to
the acquired dwelling with respect to number of rooms, habitable living space and type
and quality of construction, but not lesser in rooms or living space that is necessary to
accommodate the displaced person.
(2) In an area not subjected to unreasonable adverse environmental conditions from
either natural or manmade sources, and not generally less desirable than the acquired
dwelling with respect to public utilities, public and commercial facilities and
neighborhood conditions, including schools and municipal services, and reasonable
accessible to the displaced person's present or potential place of employment; provided
that a potential place of employment may not be used to satisfy the accessibility
requirement if the displaced person objects.
The Act and Guidelines do not require that the replacement dwelling be generally as
desirable as the acquired dwelling with respect to environmental characteristics.
Though a displaced person does not have to accept a dwelling subject to unreasonable
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMEER 1999
adverse environmental conditions. neither is a public entity required to duplicate
environmental characteristics, such as scenic vistas or proximity to the ocean, lakes,
rivers, forests or other natural phenomena.
If the displaced person so wishes, every reasonable effort shall be made to relocate
such person within or near to his existing neighborhood. Whenever practicable the
replacement dwelling shall be reasonably close to relatives, friends, services or
organizations with whom there is an existing dependency relationship.
(3) Available on the private market to the displaced person and available to all persons
regardless of race, color, sex, marital status, religion, or national origin in a manner
consistent with Title VII I of the Civil Rights Act of 1968 or any other applicable state or
federal anti -discrimination law.
(4) To the extent practicable and where consistent with paragraph (c)(1) of this section,
functionally equivalent and substantially the same as the acquired dwelling, but not
excluding newly constructed housing.
(5)(A) Within the Financial Means of the Displaced Person. A replacement dwelling
is within the financial means of a displaced person if the monthly rental cost (including
utilities and other reasonable recurring expenses) minus any replacement housing
payment available to the person (as provided in sections 6104) does not exceed thirty
percent (30%) of the person's average monthly income (as defined in subsection 6008
(1)).
(B) For homeowners; a replacementdwelling is within the financial means of a displaced
person if the purchase price of the dwelling including related increased interest costs
and other reasonable expenses including closing costs (as described in section 6102)
does not exceed the total of the amount of just compensation provided for the dwelling
acquired and the replacement housing payment available to the person (as provided in
section 6102).
If a dwelling which satisfies these standards is not available the public entity may
consider a dwelling which exceeds them.
(d) Decent, Safe and Sanitary.
(1) Housing in sound, clean and weather tight condition, in good repair and adequately
maintained, in conformance with the applicable state and local building, plumbing,
electrical, housing and occupancy codes or similar ordinances or regulations and which
meets the following minimum standards:
(A) Each housekeeping unit shall include a kitchen with a fully usable sink, a
stove or connection for a stove, a separate and complete bathroom, hot and cold
running water in both bathroom and kitchen, and adequate and safe wiring
system for lighting and other electrical services and heating as required by
climatic conditions and local codes.
(B) Each nonhousekeeping unit shall be in conformance with state and local
code standards for boarding houses, hotels and other dwellings for congregate
living.
(2) When the term decent, safe and sanitary is interpreted, under local, state or federal
law, as establishing a higher standard, the elements of that higher standard, which
exceed the provision of paragraph (1) of this subsection, are incorporated herein. A unit
which is occupied by no more than the maximum number of people allowed under the
State Building Code shall be considered to be in compliance with the occupancy
provisions of this subsection.
(e) Department. Department of Housing and Community Development.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES
AS OF NOVEMBER 1999
(f) Displaced Person. Any person who moves from real property, or who moves his personal
property from real property, either:
(1) As a result of a written notice of intent to acquire by a public entity or as a result of
the acquisition of such real property, in whole or in part, by a public entity or by any
person having an agreement with or acting on behalf of a public entity, or as the result
of written order from a public entity to vacate the real property, for public use; or
(2) As a result of the rehabilitation, demolition or other displacing activity undertaken
by a public entity or by any person having an agreement with or acting on behalf of a
public entity of real property on which the person is in lawful occupancy or conducts a
business, and the displacement, except as provided in Government Code Sections
7262.5, lasts longer than 90 days.
This definition shall be construed so that persons displaced as a result of public action
receive relocation benefits in cases where they are displaced as a result of an owner
participation agreement or an acquisition carried out by a private person for or in
connection with a public use where the public entity is otherwise empowered to acquire
the property to carry out the public use.
(3) Except persons or families of low and moderate income, as defined in Section
50093 of the Health and Safety Code, who are occupants of housing which was made
available to them on a permanent basis by a public agency and who are required to
move from that housing, a displaced person shall not include any of the following:
(A) Any person who has been determined to be in unlawful occupancy of the
displacement property as defined in subsection 6008 (v).
(B) Any person who is a post -acquisition occupant of the displacement dwelling,
as provided in section 6034 (b);
(C) Any person who occupied the property for the purpose of obtaining
relocation benefits and assistance;
(D) Any person who is an occupant of a "Qualified affordable housing
preservation project" and all requirements of Govemment Code Section 7262.5
are met; or
(E) Any person occupying private property (not otherwise entitled to relocation
benefits as a result of an acquisition, rehabilitation or demolition program) who
is required to move as a result of the displacing agency's routine enforcement
of building, housing or health codes unless the code enforcement is undertaken
for the purpose of causing displacement in coordination with an identified
rehabilitation, construction, or demolition program or project.
(F) A person who is not required to move permanently ortemporarily as a result
of the project as long as they are notified they are not required
to move and the project does not impose an unreasonable change in the
character or use of the property.
(G) An owner -occupant who moves as a result of an acquisition meeting the
requirements of Government Code section 7277.
(g) Dwelling. The place of permanent or customary and usual abode of a person, including a
single-family dwelling, a single-family unit in a two-family dwelling, multi -family or multipurpose
dwelling, a unit of a condominium or cooperative housing project, a nonhousekeeping unit, a
mobilehome, a recreational vehicle as described in Health and Safety Code Section 18010, or
any other residential unit which either is considered to be real property under State law or
cannot be moved without substantial damage or unreasonable cost. A residence need not be
decent, safe and sanitary to be a dwelling.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
A second home shall be considered to be a dwelling only for the purpose of establishing
eligibility for payment for moving and related expenses (as provided in section 6090).
(h) Economic Rent. The amount of rent a tenant or homeowner would have to pay for a
dwelling similar to the acquired dwelling in a comparable area.
(i) Elderly Household. A household in which the head of household or spouse is 62 years or
older.
(j) Family. Two or more individuals who by blood, marriage, adoption, or mutual consent live
together as a family unit.
(k) Farm Operation. Any activity conducted solely or primarily for the production of one or more
agricultural products or commodities, including timber, for sale or home use, and customarily
producing such products or commodities in sufficient quantity to be capable of contributing
materially to the operator's support.
(I) Gross Income. Gross income means the total annual income of an individual, or where a
family is displaced total annual income of the parents or adult heads of household, less the
following:
(1) A deduction of $500 for each dependent in excess of three.
(2) A deduction of ten percent (10%) of total income for an elderly or handicapped
household.
(3) A deduction for recurring, extraordinary medical expenses, defined for this purpose
to mean medical expenses in excess of three percent of total income, where not
compensated for or covered by insurance or other sources, such as public assistance
or tort recovery.
(4) A deduction of reasonable amounts paid for the care of children or sick or
incapacitated family members when determined to be necessary to employment of the
head or spouse, except that the amount deducted shall not exceed the amount of
income received by the person thus released.
Gross income is divided by twelve to ascertain the average monthly income. Relocation
and property acquisition payments are not to be considered as income for the
determination of financial means.
(m) Handicapped Household. A household in which any member is handicapped or disabled.
(n) Initiation of Negotiations. The initial written offer made by the acquiring entity to the owner
of real property to be purchased, or the owner's representative.
(o) Manufactured Home or Mobilehome. A structure described in Health and Safety Code
sections 18007 and 18008.
(p) Mortgage. Such classes of liens as are commonly given to secure advances on, or the
unpaid purchase price of, real property, together with the credit instruments, if any, secured
thereby.
(q) Ownership. Holding any of the following interests in a dwelling, or a contract to purchase
one of the first six interests:
(1) A fee title.
(2) A life estate.
(3) A 50-year lease.
(4) A lease with at least 20 years to run from the date of acquisition of the property.
(5) A proprietary interest in a cooperative housing project which includes the right to
occupy a dwelling.
(6) A proprietary interest in a mobilehome.
(7) A leasehold interest with an option to purchase.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
In the case of one who has succeeded to any of the foregoing interest by devise, bequest,
inheritance or operation of law, the tenure of ownership, but not occupancy, of the succeeding
owner shall include the tenure of the preceding owner.
(r) Person. Any individual, family, partnership, corporation, limited liability corporation, or
association.
(s) Public Entity. Includes the state, the Regents of the University of California, a county, city,
city and county, district, public authority, public agency, and any other political subdivision or
public corporation in the state when acquiring real property, or any interest therein, or ordering
that acquired property be vacated, in any city or county for public use.
(t) Public Use. A use for which property may be acquired by eminent domain.
(u) Tenant. A person who rents or is otherwise in lawful possession of a dwelling, including a
sleeping room, which is owned by another.
(v) Unlawful Occupancy. A person is considered to be in unlawful occupancy if the person has
been ordered to move by a court of competent jurisdiction or if the person's tenancy has been
lawfully terminated by the owner for cause, the tenant has vacated the premises, and the
termination was not undertaken for the purpose of evading relocation assistance obligations.
6010. Prior Determinations.
(a) Displacement. No public entity may proceed with any phase of a project or other activity
which will result in the displacement of any person, business orfarm until it makes the following
determinations:
(1) Fair and reasonable relocation payments will be provided to eligible persons as
required by Article 3 of the Guidelines.
(2) A relocation assistance program offering the services described in Article 2 of the
Guidelines will be established.
(3) Eligible persons will be adequately informed of the assistance, benefits, policies,
practices and procedures, including grievance procedures, provided for in these
Guidelines.
(4) Based upon recent survey and analysis of both the housing needs of persons who
will be displaced and available replacement housing and considering competing
demands for that housing, comparable replacement dwellings will be available, or
provided, if necessary, within a reasonable period of time priorto displacement sufficient
in number, size and cost for the eligible persons who require them.
(5) Adequate provisions have been made to provide orderly, timely, and efficient
relocation of eligible persons to comparable replacement housing available without
regard to race, color, religion, sex, marital status, or national origin with minimum
hardship to those affected.
(6) A relocation plan meeting the requirements of section 6038 has been prepared.
(b) Acquisition. No public entity may proceed with any phase of a project or any other activity
which will result in the acquisition of real property until it determines that with respect to such
acquisition and to the greatest extent practicable,
(1) Adequate provisions have been made to be guided by the provisions of Article 6 of
the Guidelines, and
(2) Eligible persons will be informed of the pertinent benefits, policies and requirements
of the Guidelines.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES
AS OF NOVENBER 1999
6012. Citizen Participation.
(a) All persons who will be displaced, neighborhood groups and any relocation committee shall
be given the opportunity and should be encouraged fully and meaningfully to participate in
reviewing the relocation plan and monitoring the relocation assistance program.
(b) When a substantial number of persons will be displaced from their dwellings the public
entity shall encourage the residents and community organizations in the displacement area to
form a relocation committee. The committee shall include, when applicable, residential owner
occupants, residential tenants, business people, and members of existing organizations within
the area. In lieu of initiating a new process of citizen participation, public entities which have
conducted or are conducting a citizen participation process as part of an existing development
program may substitute such process if it satisfies the requirements of this section.
If a substantial number of persons will not be displaced from their dwellings, the public entity
shall at least consult with and obtain the advice of residents and community organizations and
make the relocation plan available to such persons and organizations prior to submitting it to
the legislative body for approval. (See section 6038.)
(c) At a minimum the displacing entity shall guarantee the following:
(1) Timely and full access to all documents relevant to the relocation program. A public
entity may reasonably restrict access to material where its confidentiality is protected
by law or its disclosure is prohibited by law.
The displacing entity shall ensure that the information in documents the provision of
which would result in disclosure of the identity of eligible persons is provided in a
manner designed to avoid such disclosure. This obligation to avoid improper disclosure
shall not effect the right of the person to which the information relates (or any other
person authorized in writing by such person) to inspect such documents.
(2) The provision of technical assistance necessary to interpret elements of the
relocation plan and other pertinent materials.
(3) The right to submit written or oral comments and objections, including the right to
submit written comments on the relocation plan and to have these comments attached
to the plan when it is forwarded to the local legislative body or the head of the state
agency for approval.
(4) Prompt, written response to any written objections or criticisms.
6014. Prerequisite to Displacement. No person shall be displaced until the public entity has fulfilled
the obligations imposed by the Act and Guidelines.
6016. Remedies.
(a) If the public entity has not fulfilled or is not substantially fulfilling its relocation
responsibilities, it shall cease displacement until such time as its responsibilities are fulfilled.
When appropriate project implementation shall be suspended or terminated.
(b) Eligible persons who move without offers of assistance and benefits, after the public entity
was required to offer assistance or benefits, shall be provided such assistance and payments
and, when appropriate, compensation for additional costs incurred. The displacing entity shall
make every effort to identify and locate such persons.
(c) A public entity may pay a complainant's attorney's fees and costs and is encouraged to
consider doing so when a complainant institutes a successful administrative appeal or judicial
action.
(d) The enumeration of remedies in this section is not intended to discourage or preclude the
use of other remedies consistent with the intent of the Act and Guidelines. Rather a public
entity is encouraged to consider and adopt other remedies.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
6018. Priority of Federal Law. If a public entity undertakes a project with federal financial assistance
and consequently must provide relocation assistance and benefits as required by federal law,
the provisions of the Act and Guidelines shall not apply; but if an obligation to provide relocation
assistance and benefits is not imposed by federal law the provisions of the Act and Guidelines
shall apply.
6020. Severability. If any provision of the Guidelines or the application thereof is held invalid, such
invalidity shall not affect other provisions or applications of the Guidelines which can be given
effect without invalid provision or application, and to this end the provisions of the Guidelines
are severable.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
ARTICLE 2. RELOCATION ASSISTANCE ADVISORY PROGRAM AND
ASSURANCE OF COMPARABLE REPLACEMENT HOUSING
6030. Purpose. The purpose of this part is to set forth requirements with respect to the development
and implementation of a relocation assistance advisory program for the provision of specified
services and to prescribe the obligation of a public entity not to displace or cause the
displacement of any person from his dwelling without adequate notice and unless comparable
replacement housing is available.
6032. Relocation Assistance Advisory Program. Public entities shall develop and implement a
relocation assistance advisory program which satisfies the requirements of this article and of
Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Unruh Civil
Rights Act, Rumford Act and applicable state and federal anti -discrimination laws. Such
program shall be administered so as to provide advisory services which offer maximum
assistance to minimize the hardship of displacement and to ensure that (a) all persons
displaced from their dwellings are relocated into housing meeting the criteria for comparable
replacement housing, and (b) all persons displaced from their places of business or farm
operations are assisted in reestablishing with a minimum of delay and loss of earnings.
6034. Eligibility.
(a) Relocation assistance and benefits shall be available to:
(1) Any person who occupies property from which he will be displaced.
(2) Any person who will move from real property or will move his personal property from
real property, because he will be displaced from other real property on which he
conducts a business or farm operation.
(3) Any person who moves from real property as a result of its acquisition by a public
entity whether the move is voluntary or involuntary.
(4) Any person who, following the initiation of negotiations by a public entity, moves as
the result of the pending acquisition.
(5) Any person who moves as the result of pending acquisition, rehabilitation or
demolition by a public entity either following receipt of a Notice of Intent to Displace (see
section 6086) or as a result of inducement or encouragement by the public entity.
(b) (1) Post -acquisition tenants, those who lawfully occupy property only after a public
entity acquires it, or who lawfully occupy property after the private acquisition of property
by a person with a written agreement with a public entity for the purpose of financing the
purchase or development of the property, are not eligible for assistance and benefits
other than advisory assistance to the extent determined by the displacing agency.
A public entity shall inform post -acquisition tenants regarding the projected date of
displacement and, periodically, should inform post -acquisition tenants of any changes
in this projection.
(2) When the displacement of a post -acquisition tenant causes a hardship for the
person because of a critical housing shortage, age, handicap, infirmity, lack of financial
means or other circumstance, the displacing entity shall provide relocation advisory
assistance and, may in its discretion, provide other financial relocation benefits. In such
hardship situations a public entity is encouraged to provide advisory assistance and
payment for moving expenses.
(3) Where a public entity, or property it owns, is making housing available on a
permanent basis, a post -acquisition tenant who moves as the result of a written order
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CALIFORNLA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
from the public entity to vacate is eligible for relocation assistance and benefits if the
order to vacate is related to a plan to demolish, rehabilitate or change the use of such
units.
6036. Rehabilitation and Demolition. If a public entity undertakes a rehabilitation or demolition
program and as a result a person or business is displaced from privately owned property, the
public entity shall provide assistance and benefits. If person or business is displaced by such
an undertaking from property acquired by a public entity, the public entity shall provide
assistance and benefits.
6038. Relocation Plan.
(a) As soon as possible following the initiation of negotiations and prior to proceeding with any
phase of a project or other activity that will result in displacement a public entity shall prepare
a Relocation Plan and submit it for approval to the local legislative body, or in the case of a
state agency, the head of the agency. When the public entity's action will only result in an
insignificant amount of non-residential displacement a displacing entity shall provide benefits
as required by these Guidelines and state Relocation Law without compliance with this section.
For residential projects of 15 or less households, the full and accurate completion of the Model
Relocation Plan HCD-832 (new), which is incorporated by reference as if set forth in full, shall
be presumed to be in compliance with the planning requirements of this section. Copies of the
Model Relocation Plan HCD-832 (6/8/99) as well as the Informational Notice HCD-833 (6/8/99),
which is incorporated by reference as if set forth in full, maybe downloaded from the
Departments Internet Website at <www.hcd.ca.gov>. This form can be obtained from The
Department by telephoning 916-323-7288.
(b) A Relocation Plan shall include the following:
(1) A diagrammatic sketch of the project area.
(2) Projected dates of displacement.
(3) A written analysis of the aggregate relocation needs of all persons to be displaced
(as required by section 6048) and a detailed explanation as to how these needs are to
be met.
(4) A written analysis of relocation housing resources (as required by section 6052).
(5) A detailed description of the relocation advisory services program, including specific
procedures for locating and referring eligible persons to comparable replacement
housing.
(6) A description of the relocation payments to be made (pursuant to Article 3) and a
plan for disbursement.
(7) A cost estimate for carrying out the plan and identification of the source of the
necessary funds.
(8) A detailed plan by which any last resort housing (as described in section 6054 and
Article 4) is to be built and financed.
(9) A standard information statement to be sent to all renters who will be permanently
displaced (as required by section 6046)
(10) Temporary relocation plans, if any.
(11) A description of relocation office operation procedures.
(12) Plans for citizen participation.
(13) An enumeration of the coordination activities undertaken (pursuant to section
6052).
(14) The comments of the relocation committee, if any (pursuant to section 6012).
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NO VENIDER 1999
(15) A written determination by the public entity that the necessary resources will be
available as required.
(c) A Plan prepared by a local public entity shall be consistent with the local housing
element.
(d) In the event of delay of more than one year in the implementation of the relocation
program, the plan shall be updated prior to implementation of that program.
(e) (1) Copies of the plan shall be submitted for review to the relocation committee 30 days
prior to submission to the local legislative body or head of state agency for approval.
Copies shall be available to the public upon request. A copy of the final relocation plan
shall be forwarded to the department which shall act as a central repository.
(2) General notice of the plan shall be provided. Notice shall be designed to reach the
occupants of the property; it shall be in accordance with the provisions of paragraph
6046(a)(3) and subsection 6046(b); and it shall be provided 30 days prior to submission
to the local legislative body or head of state agency for approval.
Any displaced person or interested organization may petition the Department to review
the relocation plan required to be submitted by the displacing agency. The Department
shall review the plan in accordance with the time constraints and the procedures
established in Article 5.
6040. Minimum Requirements of Relocation Assistance Advisory Program.
(a) Each relocation assistance advisory program undertaken pursuant to this Article shall
include, at a minimum, such measures, facilities or services as may be necessary or
appropriate in order to:
(1) Fully inform eligible persons under this Article within 60 days following the initiation
of negotiations but not later than the close of escrow on the property, for a parcel as to
the availability of relocation benefits and assistance and the eligibility requirements
therefor, as well as the procedures for obtaining such benefits and assistance, in
accordance with the requirements of section 6046. For projects by private parties with
an agreement with a public entity, the "initiation of negotiations" shall be the later of the
date of acquisition or the date of the written agreement between the private entity and
the public entity for purposes of acquiring or developing the property for the project.
(2) Determine the extent of the need of each such eligible person for relocation
assistance in accordance with the requirements of section 6048.
(3) Assure eligible persons that within a reasonable period of time prior to displacement
there will be available comparable replacement housing, meeting the criteria described
in section 6008(c), sufficient in number and kind for and available to such eligible
persons.
(4) Provide current and continuing information on the availability, prices, and rentals of
comparable sales and rental housing, and of comparable commercial properties and
locations, and as to security deposits, closing costs, typical down payments, interest
rates, and terms for residential property in the area.
(5) Assist each eligible person to complete applications for payments and benefits.
(6) Assist each eligible, displaced person to obtain and move to a comparable
replacement dwelling.
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CALIFORNIA RELOCATION ASSISTANCE AND (ZEAL PROPERTY ACQUISTTION GUIDELINES AS OF NOVEMBER 1999
Only adequate inspection will insure that a particular unit meets this standard. If a
displaced person occupies a unit to which he is referred by the public entity and the unit
does not satisfy the comparable replacement dwelling standard, the public entity has
not fulfilled its obligations to assist the displaced person to obtain such a dwelling.
Whenever this occurs the public entity shall offer to locate such a dwelling for the
displaced person and to pay again all moving and related expenses. If the displaced
person chooses not to move from the unit that he occupied following referral, the public
entity shall not assert that he is ineligible to receive relocation assistance and benefits
on the basis of that unit's failure to satisfy the comparable replacement dwelling
standard.
(7) Assist each eligible person displaced from his business or farm operation in
obtaining and becoming established in a suitable replacement location.
(8) Provide any services required to insure that the relocation process does not result
in different or separate treatment on account of race, color, religion, national origin, sex,
marital status, familial status, or any basis protected by state or federal anti-
discrimination laws, or any other arbitrary circumstances.
(9) Supply to such eligible persons information concerning federal and state housing
programs, disaster loan and other programs administered by the Small Business
Administration, and other federal or state programs, offering assistance to displaced
persons.
(10) Provide other advisory assistance to eligible persons in order to minimize their
hardships. It is recommended that, as needed, such assistance include counseling and
referrals with regard to housing, financing, employment, training, health and welfare, as
well as other assistance.
(11) Inform all persons who are expected to be displaced about the eviction policies to
be pursued in carrying out the project, which policies shall be in accordance with the
provisions of section 5058.
(b) Relocation Office. When a substantial number of persons will be displaced and the
relocation staffs office is not easily accessible to those persons, a displacing entity is
encouraged to establish at least one appropriately equipped site office which is accessible to
all the area residents who may be displaced and is staffed with trained or experienced
relocation personnel. Office hours should be scheduled to accommodate persons unable to
visit the office during normal business hours.
(c) Each displacing entity shall establish and maintain a formal grievance procedure for use by
displaced persons seeking administrative review of the entity's determinations. The procedure
shall be in accordance with the requirements of Article 5.
6042. Replacement Housing Prior to Displacement; Notices To Displaced Persons.
(a) No eligible person shall be required to move from his dwelling unless within a reasonable
period of time prior to displacement comparable replacement dwellings (as defined in
subsection 6008) (c) or, in the case of a temporary move (as defined in section 6044), adequate
replacement dwellings (as defined in subsection (b) below) are available to such person.
(b) The criteria for adequate replacement dwellings are in all respects identical to those for
comparable replacement dwellings, except that an adequate replacement dwelling, with respect
to the number of rooms, habitable living space and type of construction, need be only adequate
not comparable.
(c) Reasonable Offer of Replacement Housing. The requirements of this section shall be
deemed to have been satisfied if a person is offered and refuses without justification reasonable
choices of specifically identified comparable replacement dwellings which fully satisfy the
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OE NOVEMBER 1999
criteria set forth in the Guidelines. The offers shall be in writing, in a language understood by
the displaced person. The number of offers determined to be reasonable should be not less
than three.
(d) Notice. No eligible person occupying property shall be required to move from a dwelling
or to move a business of farm operation, without at least 90 days written notice from the public
entity requiring the displacements. Public entities shall notify each individual tenant to be
displaced as well as each owner -occupant. (These requirements are in addition to those
contained in sections 6040 and 6046.)
(e) Waiver. The requirement in subsection (a) above may be waived only when immediate
possession of real property is of crucial importance and by one of the following circumstances:
(1) When displacement is necessitated by a major disaster as defined in Section 102
(2) of the Hazard Mitigation and Relocation Assistance Act of 1993 (42 U.S.C. 5121)
and/or the California Natural Disaster Assistance Act.
(2) During periods of declared national or state emergency.
6044. Temporary Move.
(a) General.
(1) A public entity shall be required to minimize to the greatest extent feasible the use
of temporary relocation resources (as defined in section 6042) but, when a project plan
anticipates moves back into completed project accommodations, temporary relocation
resources may be used, at the displaced person's election for a limited period of time.
(2) Temporary relocation does not diminish the responsibility of the public entity to
provide relocation assistance, services and benefits designed to achieve permanent
relocation of displaced persons into comparable replacement dwellings.
(b) Requirements.
(1) Temporary replacement housing may not be relied upon if comparable replacement
housing will not be available to the displaced person within 12 months of the date of the
temporary move.
(2) Prior to the move, the public entity shall have determined and have provided written
assurance to each displaced person that:
(A) Comparable replacement housing will be made available at the earliest
possible time but in any event no later than 12 months from the date of the move
to temporary housing. Temporarily housed persons may agree to extend the 12
month limitation but, if they do not, the public entity shall ensure that comparable
replacement dwellings are available within the 12 month period.
(B) Comparable replacement housing will be made available, on a priority basis,
to the individual or family who has been temporarily rehoused.
(C) The move to temporary housing will not affect a claimant's eligibility for a
replacement housing payment nor deprive him of the same choice of
replacement housing units that would have been made available had the
temporary move not been made and the costs of a temporary move will not be
considered as all or a part of the relocation payments to which a displaced
person is entitled.
(D) If a project plan anticipates moves back into replacement housing
accommodations in the project or program area, the person who has been
temporarily displaced will be given priority opportunity to obtain such housing
accommodations.
(E) The public entity will pay all costs in connection with the move to temporary
housing, including increased housing costs.
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AS OF NOVEMBER 1999
6046. Information Program.
(a) Basic Requirements. The displacing entity shall establish and maintain an information
program that provides for the following:
(1) Preparation and distribution of informational material as early as practicable, to each
occupant of the property. This material shall be distributed within 60 days following the
initiation of negotiations (see paragraph 6040(a)(1)) and not less than 90 days in
advance of displacement except for those situations described in subsection 6042(e).
Where appropriate, separate informational statements shall be prepared for residential
and for non-residential occupants.
(2) Conducting personal interviews and maintaining personal contacts with occupants
of the property to the maximum extent practicable.
(3) Utilizing meetings, newsletters, and other mechanisms, including local media
available to all persons, for keeping occupants of the property informed on a continuing
basis. The criterion for selecting among various alternatives shall be the likelihood of
actually communicating information to such persons. Legal publications, legal ads in
local newspapers of general circulations and similar means which may go unnoticed are
deemed to be inadequate.
(b) Language. Informational material should be prepared in the language(s) most easily
understood by the recipients. In displacement areas where there are significant concentrations
of persons who do not read, write, or understand English fluently, the native language of the
people should be used and all information material should be provided in the native language(s)
and English.
(c) Method of Delivery. To assure receipt of the informational material, the local agency should
arrange to have the material either hand -delivered to each occupant of the property with a
request for a written receipt, or sent by certified mail, return receipt requested.
(d) General and Specific Information. In addition to disseminating general information of the
type described in this section, the displacing entity shall also provide each person with
individual, written notification as soon as his eligibility status has been established.
(e) Content of Informational Statement. Attachment A identifies the kinds of information
required to be included in statements distributed to occupants of the property. The figure lists
minimum requirements. The displacing entity should include any additional information that it
believes would be helpful (See Attachment A)
6048. Survey and Analysis of Relocation Needs.
(a) (1) Requirement. Immediately following the initiation of negotiations interview all
eligible persons, business concerns, including nonprofit organizations, and farm
operations to obtain information upon which to plan for housing and other
accommodations, as well as counseling and assistance needs.
(2) Coordination with Other Agencies. Other agencies may also be conducting surveys
in the area at the same time. Coordination will be necessary to avoid duplication and
to ensure that necessary information is available at the appropriate time. Surveys
utilized to gather data for social service referrals should be planned in cooperation with
social service agencies and a referral system should be established.
(3) Information to Persons To Be Displaced. The local agency shall carefully explain
and discuss fully with each person interviewed the purpose of the survey and the nature
and extent of relocation payments and assistance that will be made available. All
persons shall be advised and encouraged to visit the relocation office for information
and assistance.
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CALIFORNIA RELOCATION ASSISTANCE AN➢ REAL PROPERTY ACQUISITION GUIDELINES
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(4) Relocation Records. Based on information obtained during the survey and other
sources as applicable, the local agency shall prepare and maintain an accurate
relocation record for each person to be displaced. The record shall contain a
description of the pertinent characteristics of the persons to be displaced and the
assistance deemed to be necessary.
(b) The survey shall be by direct, personal interview, except where repeated efforts indicate
that is not possible. When a person cannot be interviewed or the interview does not produce
the information to be obtained reasonable efforts shall be made to obtain the information by
other means. Eligible persons should be encouraged to bring any change in their needs to the
attention of relocation officials. The survey shall be updated at least annually.
(c) A public entity shall endeavor to obtain the following information: income; whether a person
is elderly or handicapped; size of family; age of children; location of job and factors limiting
accessibility; area of preferred relocation; type of unit preferred; ownership or tenant preference;
need for social and public services, special schools and other services; eligibility for publicly
assisted housing; and with reference to the present dwelling, the rent, the type and quality of
construction, the number of rooms and bedrooms, the amount of habitable living space, and
locational factors including among others public utilities, public and commercial facilities
(including transportation and schools) and neighborhood conditions (including municipal
services). Other matters that concern a household as its members contemplate relocation
should also be included.
(d) A written analysis of relocation housing needs shall be prepared. It shall be prepared in
sufficient detail to enable determination of the availability for all potential displacees of housing
which meets the standards set forth in the definition of comparable replacement housing.
The information concerning homeownership and rental units shall be provided separately. The
number of units needed shall be identified by cost for each size category. The needs of elderly
and handicapped households shall be shown separately and shall include information on the
number of such households requiring special facilities and the nature of such facilities.
The statement of relocation housing needs shall include a description of the locational
characteristics of the displacement area neighborhoods corresponding to the requirements of
comparable replacement housing. Information shall be provided concerning proximity to
present employment sources, medical and recreational facilities, parks, community centers,
shopping, transportation and schools. Information concerning proximity to other relevant needs
and amenities is essential to ensuring that no residents are incapacitated by the relocation and
such information also should be provided.
6050. Failure to Conduct Timely and Effective Survey. When a survey is not conducted in a timely
and effective manner, the public entity shall be obligated to make every effort to locate all
eligible persons who have moved so that their needs can be included in the survey and the
impact on the housing stock in the community can be more accurately determined. The public
entity shall offer such persons all relocation assistance and benefits for which they otherwise
qualify and, in addition, shall compensate such persons for all costs occasioned by the entity's
failure to provide timely notice and offers of relocation assistance and benefits.
6052. Survey and Analysis of Available Relocation Resources.
(a) (1) To enable a public entity reasonably to determine that the requisite comparable
replacement dwellings will be available, the public entity, within 60 days following the
initiation of negotiations, shall initiate a survey and analysis of available comparable
relocation resources.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
If a recent survey that provides the information identified in this section is not available,
the public entity shall conduct a survey and analysis of the housing market. If a recent
survey is available, but it does not reflect more recent, significant changes in housing
market conditions, the survey shall be updated or it shall not be relied upon.
(2) When more than 15 households will be displaced, survey results shall be submitted
for review to local housing, development and planning agencies and shall be compared
to other existing information on housing availability.
(3) The survey shall be updated at least annually.
(b) The survey area shall be reasonably related to the displacement area and to the needs and
preferences of the persons to be displaced, as indicated in the written analysis prepared
pursuant to section 6048. The survey area shall have relevant characteristics (see subsection
6008(c)) which equal or exceed those of the neighborhood from which persons are to be
displaced.
(c) A written analysis of relocation housing resources shall be prepared in sufficient detail to
enable determination of the availability for all potential displacees of housing which meets the
standards set forth in the definition of comparable replacement housing.
The information concerning homeownership and rental units shall be provided separately. The
number of units available shall be identified by cost for each size category. Resources available
to meet the needs of elderly and handicapped households shall be shown separately and shall
include information on the number of units with special facilities and the nature of such facilities.
The analysis of resources shall include a description of the locational characteristics of the
survey area neighborhoods corresponding to the requirements of comparable replacement
housing. Information shall be provided concerning proximity to present employment sources
(with the consent of the displaced person a potential employer may be substituted), medical and
recreational facilities, parks, community centers, shopping, transportation and schools.
Information concerning proximity to other relevant needs and amenities is essential to ensuring
that residents are not incapacitated by the relocation and such information should also be
provided.
(d) (1) Units which do not satisfy the standards of comparable replacement housing,
including the locational criteria, shall not be counted as a relocation resource.
(2) Uncompleted new construction or rehabilitation shall not be included in the gross
figure unless there is a substantial likelihood that the units will be available when
needed and at housing or rental costs within the financial means of the prospective
occupants.
(3) In addition to the other requirements of this section, the gross figure representing
the number of units available shall be discounted to reflect both concurrent
displacement and the extent to which turnover is represented. Concurrent displacement
by the federal government and its agencies, including federally -assisted projects, as
well as displacement by other public entities shall be taken into account. Turnover is
the dynamic operation by which occupancy changes occur within a standing inventory
over a period of time and theoretically could occur in the complete absence of vacancies
on a person to person basis. The use of turnover for relocation is not permissible. The
displacing entity shall assume that four percent of the rental and one percent of the
ownership units which meet the standards of comparable replacement dwellings (see
section 6008(c)) represents turnover. The displacing entity shall use a higher
percentage figure if such figure is more accurate. The displacing entity may use a lower
figure if it establishes that the lower figure is a more accurate assumption.
(4) Publicly subsidized housing, including public housing, shall not be counted as a
resource unless it reasonably can be established that:
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMRER 1999
(A) The units will be available when needed;
(B) The governmental body providing the subsidy has made, in writing, a
reasonably binding commitment of assistance; and
(C) The units have been inspected and determined to be decent, safe and
sanitary and the income ceilings, rent ranges and age restrictions, if any, have
been considered.
(D) The number of units available in the community exceeds the number of
households in need of the units. This requirement may be waived by the
Department if the public entity can establish that such units will be replaced by
last resort housing within two years. To establish that last resort housing will be
developed as required the public entity must have site control with permissive
zoning, preliminary plans and conditional commitments for subsidy and financing
or the equivalent. The public entity also must identify ownership.
(e) Uncompleted new construction or rehabilitation which is subsidized by public funds shall
not be counted as a relocation resource unless the units are being subsidized to provide
relocation resources.
6054. Last Resort Housing.
(a) No eligible person shall be required to move from his dwelling because of the action of a
public entity unless comparable replacement housing is available to him.
(b) If on the basis of its survey and analysis of relocation needs and resources a public entity
cannot determine that comparable replacement housing will be available as required, the public
entity may not proceed with any phase of a project or other activity which will result in
displacement unless it provides such housing. (See Article 4.)
(c) If the action of a public entity has resulted or is resulting in displacement and comparable
replacement housing is not available as needed, the public entity shall use its funds, or funds
authorized for the project to provide such housing (see Article 4), or shall terminate or suspend
further implementation of the project activity in accordance with the provisions of section 6018.
(d) Temporary relocation resources may be relied upon in the interim only if the provisions of
section 6004 are satisfied.
6056. Termination of Relocation Assistance. A public entity's relocation obligations cease under
the following circumstances:
(a) A displaced person moves to a comparable replacement dwelling and received all
assistance and payments to which he is entitled.
(b) The displaced person moves to substandard housing, refuses reasonable offers of
additional assistance in moving to decent, safe and sanitary replacement dwelling and receives
all payments to which he is entitled.
(c) All reasonable efforts to trace a person have failed. To ensure that the action of a public
entity does not reduce the housing supply in critical categories or locations, unsuccessful efforts
to trace a particular displaced person shall not lessen the obligation to provide last resort
housing (See Article 4.)
(d) The business concern or farm operation has received all assistance and payments to which
it is entitled and has been successfully relocated or has ceased operations.
(e) A person displaced from his dwelling, business or farm refuses reasonable offers of
assistance, payments and comparable replacement housing.
6058. Eviction.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES
AS OF NOVEMI3ER 1999
(a) Eviction is permissible only as a last resort. It in no way affects the eligibility of evicted
displaced persons for relocation payments. Relocation records must be documented to reflect
the specific circumstances surrounding the eviction.
(b) Eviction shall be undertaken only for one or more of the following reasons:
(1) Failure to pay rent, except in those cases where the failure to pay is due to the
lessor's failure to keep the premises in habitable condition, is the result of harassment
or retaliatory action or is the result of discontinuation or substantial interruption of
services.
(2) Performance of a dangerous, illegal act in the unit.
(3) Material breach of the rental agreement and failure to correct breach within 30 days
of notice.
(4) Maintenance of a nuisance and failure to abate within a reasonable time following
notice.
(5) Refusal to accept one of a reasonable number of offers of replacement dwellings.
(6) The eviction is required by State or local law and cannot be prevented by
reasonable efforts on the part of the public entity.
6060. Evaluation of Relocation.
(a) A public entity is encouraged to evaluate its relocation program, assessing the quality and
quantity of services provided as well as displacee satisfaction, to determine the adequacy of
program planning and to ascertain whether any persons have been denied the full benefits and
services to which they are entitled. The evaluation should be based upon an annual or
continual inspection of files and records, case interviews and inspection of replacement housing
and business and farm replacement locations and discussions with local individuals or
organizations familiar with relocation issues. A written evaluation should be prepared at least
annually.
(b) The files and records of displaced persons and property owners should be selected at
random. The review should include any cases that were identified by previous monitoring as
requiring corrective action and should assess the public entity's progress in taking corrective
action. Both relocation and acquisition activities should be covered by the review.
(1) The relocation sample should include cases in which all payments have been
completed and cases in which the person has been displaced but all payments have not
yet been made. The sample should provide a basis for the reviewer to determine not
only whether payments were computed properly and made promptly, but also whether
displaced persons received proper notice of the full range of relocation assistance and
services to which they are entitled. Priority attention should be given to cases in which
a grievance has been filed or the agency has determined that a person is ineligible for
relocation benefits.
(2) The acquisition sample should be based on cases in which settlement has been
completed. However, if necessary to provide a representative sample of acquisition
activities, the reviewer should include incomplete transactions in which negotiations
have been initiated.
(c) After the records and files have been reviewed, the reviewer should select cases for further
evaluation through personal interviews with displaced persons and/or owners and the inspection
of housing to which persons have moved. The interviews and housing inspections should serve
both to spot check the accuracy of the information obtained in the examination of the records
and files and give the reviewer a better perspective on the agency's performance.
The number and type of cases for which interviews and housing inspections are to be carried
out should reflect the reviewer's judgement based on the information he has just reviewed.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES
AS OFNOVEMBER 1999
Generally, an interview and inspection should be carried out for at least one of every five cases
for which the files and records have been reviewed. Only where the number of persons
displaced is less than 25 should the number of interviews and inspections be less than 10. In
no case should the number of interviews and inspections be lower than the lesser of five and
the number of persons displaced. To the extent possible, the interviews should cover a
representative cross section of the types of cases in the agency's workload: e.g., relocation
cases involving families of various sizes as well as individuals and business concerns (including
both owners and tenants), and acquisition transactions involving residential, commercial and
industrial properties.
(d) In addition to the above, the following factors are among those which should be considered:
(1) The effectiveness of efforts to provide relocation services to displaced persons,
including timeliness of notice and correctness of eligibility determinations.
(2) The satisfaction of relocated families, individuals and business concerns in their
new locations.
(3) The extent to which self -moves to substandard housing have been minimized.
(4) The effectiveness of efforts to provide relocation services to business concerns,
including counseling services and SBA loans to aid in their reestablishment.
(5) The promptness of processing claims and the making of payments, including the
amounts, delivery, and use of relocation payments.
(6) The number and magnitude of rent increases following acquisition and
displacement.
(7) The effectiveness of methods used to resolve difficulties experienced by site
occupants.
(8) The effectiveness of the public entity's grievance procedures.
(9) The extent of resident involvement in planning the relocation program.
(10) The effectiveness in assuring equal opportunity for displaced persons and in
reducing patterns of minority -group concentration.
(11) The effectiveness of relocation in upgrading the housing and overall environmental
conditions of persons displaced.
(12) The effectiveness of the social service program, including counseling services, in
helping residents adjust to relocation and in helping solve individual and family
problems.
(13) The impact on those segments of the housing market serving the income groups
displaced.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
ARTICLE 3. RELOCATION PAYMENTS
6080. Purpose. The purpose of this Article is to set forth the types of, and specific eligibility criteria
for, relocation payments to displaced persons. Basic eligibility conditions are set forth in section
6084. Specific conditions relating to particular payments are described in later sections.
6082. Relocation Payment by Public Entity. A public entity shall make relocation payments to or
on behalf of eligible displaced persons in accordance with and to the full extent permitted by this
Article. The obligations described in this Article are in addition to those in Article 6.
6084. Basic Eligibility Conditions. A person establishes basic eligibility for relocation payments if
he satisfies the conditions described in section 6034. A person who moves from real property
or who moves his personal property from real property because he will be displaced from other
real property on which he conducts a business or farm operation, establishes eligibility on the
basis of the move from such other property only for payments made pursuant to section 6090.
6086. Notice of Intent to Displace. A public entity may issue a written Notice of Intent to Displace
at any time after forming a reasonable expectation of acquiring real property. Such a notice,
by establishing eligibility prior to acquisition, will enable a public entity to respond to hardship
and other situations.
6088. Filing of Claims; Submission of Tax Returns. All claims filed with the public entity shall be
submitted within eighteen months of the date on which the claimant receives final payment for
the property or the date on which he moves, whichever is later. The displacing entity may
extend this period upon a proper showing of good cause.
Except where specifically provided otherwise a claimant shall not be required to submit a copy
of his tax returns in support of a claim for relocation payments.
6090. Actual Reasonable Moving Expenses.
(a) General. A public entity shall make a payment to a displaced person who satisfies the
pertinent eligibility requirements of section 6084 and the requirements of this section, for actual
reasonable expenses specified below and subject to the limitations set forth in subsection (c)
of this section for moving himself, his family, business, farm operation or other personal
property. In all cases the amount of a payment shall not exceed the reasonable cost of
accomplishing the activity in connection with which a claim has been filed.
The moving and related expenses for which claims may be filed shall include:
(1) Transportation of persons and property not to exceed a distance of 50 miles from
the site from which displaced, except where relocation beyond such distance of 50 miles
is justified;
(2) Packing, crating, unpacking and uncrating personal property;
(3) Such storage of personal property, for a period generally not to exceed 12 months,
as determined by the public entity to be necessary in connection with relocation;
(4) Insurance of personal property while in storage or transit; and
(5) The reasonable replacement value of property lost, stolen or damaged (not through
the fault or negligence of the displaced person, his agent, or employee) in the process
of moving, where insurance covering such loss, theft or damage is not reasonably
available.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES
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(6) The cost of disconnecting, dismantling, removing, reassembling, reconnecting and
reinstalling machinery, equipment or other personal property (including goods and
inventory kept for sale) not acquired by the public entity, including connection charges
imposed by public utilities for starting utility service,
(b) Actual Reasonable Moving Expenses — Displaced Business Concerns and Farm
Operations. In addition to those compensable expenses set forth in subsection (a) of this
section, a displaced business concern or farm operation may file a claim for the following
moving and related expenses:
(1) The cost, directly related to displacement of modifying the machinery, equipment,
or other personal property to adapt it to the replacement location or to utilities available
at the replacement location or modifying the power supply.
(2) Claims for payment under this subsection shall be subject to the following
limitations:
(A) Reimbursable costs shall be reasonable in amount.
(B) The cost could not be avoided or substantially reduced at an alternate
available and suitable site to which the business was referred.
(3) The cost of any license, permit or certification required by a displaced business
concern to the extent such cost is necessary to the reestablishment of its operation at
a new location.
(4) The reasonable cost of any professional services (including but not limited to,
architects', attorneys', or engineers' fees, or consultants' charges) necessary for
planning the move of personal property, moving the personal property, or installation of
relocated personal property at the replacement site.
(5) Where an item of personal property which is used in connection with any business
or farm operation is not moved but is replaced with a comparable item, reimbursement
in an amount not to exceed (1) the replacement cost, minus any net proceeds received
from its sale, or (2) the estimated cost of moving, whichever is less.
(c) Advance Payments. A displaced person may be paid for his anticipated moving expenses
in advance of the actual move. A public entity shall provide advance payment whenever later
payment would result in financial hardship. Particular consideration shall be given to the
financial limitations and difficulties experienced by low and moderate income persons and small
farm and business operations.
(d) The specific provisions contained in this section are not intended to preclude a public
entity's reliance upon other reasonable means of effecting a move, including contracting moves
and arranging for assignment of moving expense payments by displaced persons.
(e) Self -moves. Without documentation of moving expenses actually incurred, a displaced
person electing a self -move may submit a claim for his moving expenses to the public entity in
an amount not to exceed an acceptable low bid or an amount acceptable to the displacing
entity.
(f) Personal Property of Low Value and High Bulk — Business or Farm Operation. Where, in
the judgement of the public entity, the cost of moving any item of personal property of low value
and high bulk which is used in connection with any business or farm operation would be
disproportionate in relation to its value, the allowable reimbursement for the expense of moving
such property shall not exceed the difference between the cost of replacing the same with a
comparable item available on the market and the amount which would have been received for
such property on liquidation. This provision may in appropriate situations be applied to claims
involving the moving of junkyards, stockpiles, sand, gravel, minerals, metals and similar
property.
(g) Documentation in Support of a Claim.
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CALIFORNIA. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES
As OF NOVEMBER 1999
(1) General. Except in the case of a displaced person conducting a self -move as
provided in subsection (e) above, a claim for a payment under this section shall be
supported by a bill or other evidence of expenses incurred. By prearrangement
between the public entity, the site occupant, and the mover, evidenced in writing, the
claimant or the mover may present an unpaid moving bill to the public entity, and the
public entity may pay the mover directly
(2) Business and Farm Operations. Each claim in excess of $1,000 for the costs
incurred by a displaced person for moving his business or farm operation shall be
supported by competitive bids in such number as are practical. If the public entity
determines that compliance with the bid requirement is impractical or if estimates in an
amount of less than $1,000 are obtained, a claim may be supported by estimates in lieu
of bids.
(h) Whenever a public entity must pay the actual cost of moving a displaced person the costs
of such move shall be exempt from regulations by the Public Utilities Commission as provided
by section 7262 (e) of the Act. The public entity may solicit competitive bids from qualified
bidders for performance of the work. Bids submitted in response to such solicitations shall be
exempt from regulation by the Public Utilities Commission.
(i) (1) Reestablishment Expenses. In addition to moving expense payments, a farm,
nonprofit organization or small business of not more than 500 employees, shall be
entitled to actual and reasonable reestablishment expenses, not to exceed $10,000.00.
Reestablishment expenses shall be only those expenses that are reasonable and
necessary and include, but are not limited to:
(A) Repairs or improvements to the replacement property as required by
Federal, State or local law, code or ordinance.
(B) Modifications to the replacement property to accommodate the business
operation or make replacement structures suitable for conducting the business.
(C) Construction and installation costs for exterior signing to advertise the
business.
(D) Provision of utilities from right-of-way to improvements on the replacement
site.
(E) Redecoration or replacement of soiled or worn surfaces at the replacement
site, such as paint, paneling or carpeting.
(F) Licenses, fees and permits when not paid as part of moving expenses.
(G) Feasibility surveys, soil testing and marketing studies.
(H) Advertisement of replacement location.
(I) Professional services in connection with the purchase or lease of a
replacement site.
(J) Estimated increased costs of operation during the first 2 years at the
replacement site for such items as:
1. Lease or rental charges,
2. Personal or real property taxes,
3. Insurance premiums. and
4. Utility charges, excluding impact fees.
(K) Impact fees or one-time assessments for anticipated heavy usage.
(L) Other items essential to the reestablishment of the business.
(M) For purposes of this subsection the term "small business" shall mean a
business having not more than 500 employees working at the site being
acquired or displaced by a program or project, which site is the location of
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
economic activity. Sites occupied solely by outdoor advertising signs, displays,
or devices do not qualify as a small business for purposes of this subsection.
(2) Ineligible expenses. The following is a nonexclusive listing of reestablishment
expenditures not considered to be reasonable, necessary, or otherwise eligible:
(A) Purchase of capital assets, such as, office furniture, filing cabinets,
machinery, or trade fixtures.
(B) Purchase of manufacturing materials, production supplies, product
inventory, or other items used in the normal course of the business operation.
(C) Interior or exterior refurbishment at the replacement site which are for
aesthetic purposes, except as provided in paragraph (i)(1)(E) of this section.
(D) Interest on money borrowed to make the move or purchase the replacement
property.
(E) Payment to a part-time business in the home which does not contribute
materially to the household income.
6092. Actual Direct Losses of Tangible Personal Property.
(a) General. A public entity shall make a payment to a displaced person who satisfies the
eligibility requirements of section 6090 and this section, for actual direct losses of tangible
personal property as a result of moving or discontinuing a business or farm operation, in an
amount determined by the public entity to be in accordance with the provisions of this section.
(b) Determining Actual Direct Loss of Property. Actual direct loss of property shall be
determined on the basis of the lesser of the following:
(1) The fair market value of the property for continued use at its location prior to
displacement.
(2) The estimated reasonable costs of relocating the property. The public entity may
require that the owner first make a bona fide effort to sell the property or it may permit
the owner not to do so. The proceeds realized from any sale of all or part of the
property shall be deducted from the determination of loss. In calculating payment under
this section the reasonable cost of an effort to sell shall be added to the determination
of loss.
(c) Documentation to Support Claim. A claim for payment hereunder shall be supported by
written evidence of loss which may include appraisals, certified prices, bills of sale, receipts,
canceled checks, copies of advertisements, offers to sell, auction records, and other records
appropriate to support the claim or the public entity may agree as to the value of the property
left in place.
6094. Actual Reasonable Expenses in Searching for a Replacement Business or Farm. A
displaced person who satisfies the pertinent eligibility requirements of section 6090 with respect
to actual reasonable moving expenses, shall be eligible for a payment in an amount not to
exceed $1,000.00, in searching for a replacement business or farm, including expenses
incurred for:
(a) Transportation;
(b) Meals and lodging away from home;
(c) Time spent in searching, based on the hourly wage rate of the salary or earnings of the
displaced person or his representative; and
(d) Fees paid to a real estate agent or broker to locate a replacement business or farm.
6096. Moving Expenses — Outdoor Advertising Businesses. A displaced person who conducts
a lawful activity primarily for assisting in the purchase, sale, resale, manufacture, processing,
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES
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or marketing of products, commodities, personal property, or services by the erection and
maintenance of outdoor advertising displays is entitled to payment for the reasonable cost of
moving such displays or their in -place value, whichever is lesser.
6098. Alternate Payments — Individuals and Families. A person or family, who is displaced from
a dwelling and is eligible for a payment for actual reasonable moving expenses under section
6090, may elect to receive and shall be paid, in lieu of such payment a moving expense and
dislocation allowance determined in accordance with established Federal Highway
Administration schedules maintained by the California Department of Transportation.
6100. Alternate Payments — Businesses and Farm Operations.
(a) General.
(1) A person who is displaced from his place of business or farm operation and is
eligible for payments under sections 6090, 6092, 6094 or 6096, and complies with the
requirements of this section, may elect to receive and shall be paid, in lieu of such
payments, a payment equal to the average annual net earnings of the business or farm
operation (but not including a business as described in section 6096) as determined in
accordance with subsection (b) below, except that such payment shall be not less than
$1,000.00 nor more than $20,000.00. For purposes of this section, the dollar limitation
specified in the preceding sentence shall apply to a single business, regardless of
whether it is carried on under one or more legal entities.
(2) Loss of Goodwill. When payment under this section will precede settlement of a
claim for compensation for loss of good will under the Eminent Domain Law, the public
entity before tendering payment shall state in writing what portion of the payment, if any,
is considered to be compensation for loss of goodwill and shall explain in writing that
any payment made pursuant to Code of Civil Procedure, Section 1263.510 et seq. (the
Eminent Domain Law, Chapter 9, Article 6 - "Compensation for Loss of Goodwill') will
be reduced in the same amount. The portion considered to be compensation for loss
of goodwill shall not exceed the difference between the payment made under this
section and an amount which reasonably approximates the payments for which the
displaced person otherwise would be eligible underSection 6090, 6092, 6094 and 6096.
Failure to provide such written statement and explanation shall constitute a conclusive
indication that no portion of the payment is considered to be compensation for loss of
goodwill for the purposes of that portion of the Code of Civil Procedure referenced
above.
(b) Requirements — Businesses. Payment shall not be made under this section unless the
public entity determines that:
(1) The business is not operated solely for rental purposes and cannot be relocated
without a substantial loss of its existing patronage, based on a consideration of all
pertinent circumstances including such factors as the type of business conducted, the
nature of clientele, the relative importance to the displaced business of its present and
proposed location, and the availability of a suitable relocation site;
(2) The business is not part of a commercial enterprise having no more than three (3)
other establishments which are not being acquired for a project and which is engaged
in the same or similar business. Whenever the sole remaining facility of a business
which has been displaced from its principal location:
(A) Has been in operation for less than two years;
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVErffiER 1999
(B) Has had average annual gross receipts of less than $2,000.00 during the
two taxable years prior to displacement of the major component of the business;
or
(C) Has had average annual net earnings of less that $1,000.00 during the two
taxable years prior to the displacement of the major component of the business,
the remaining facilitywill not be considered another"establishment" for purposes
of this section; and
(3) The displaced business:
(A) Had average annual gross receipts of at least $5,000.00 during the two
taxable years prior to displacement; or
(B) The displaced business had average annual net earnings of a least
$1,000.00 during the two taxable years prior to displacement; or
(C) The displaced business contributed at least 331/3 percent of the total gross
income of the owner(s) during each of the two taxable years prior to
displacement. If in any case the public entity determines that the two year
period prior to displacement is not representative of average receipts, earnings
or income, it may make use of a more representative period.
(D) If the application of the above criteria creates an inequity or hardship, the
displacing agency may use other criteria as permitted in 49 CFR 24.306.
(c) Determination of Number of Businesses. In determining whether one or more legal entities,
all of which have been acquired, constitute a single business, the following factors among
others shall be considered:
(1) The extent to which the same premises and equipment are shared.
(2) The extent to which substantially identical or intimately interrelated business
functions are pursued and business and financial affairs are commingled.
(3) The extent to which such entities are held out to the public, and to those customarily
dealing with such entities, as one business.
(4) The extent to which the same person or closely related persons own, control or
manage the affairs of the entities.
(d) Requirements — Farms. In the case of a farm operation, no payment shall be made under
this section unless the public entity determines that the farm met the definition of a farm
operation prior to its acquisition. If the displacement is limited to only part of the farm operation,
the operator will be considered to have been displaced from a farm operation if: the part taken
met the definition of a farm operation prior to the taking and the taking caused such a
substantial change in the nature of the existing farm operation as to constitute a displacement.
(e) Requirements — Nonprofit Organizations. In the case of a nonprofit organization, no
payment shall be made under this section unless the public entity determines that:
(1) The nonprofit organization cannot be relocated without a substantial loss of its
existing patronage (the term "existing patronage" as used in connection with a nonprofit
organization includes the membership, persons, community, or clientele served or
affected by the activities of the nonprofit organization); and
(2) The nonprofit organization is not a part of an enterprise having more than three (3)
other establishments not being acquired which is engaged in the same or similar
activity.
(f) Net Earnings. The term "average annual net earnings" as used in this section means one-
half of any net earnings of the business or farm operation, before federal and state income
taxes, during the two (2) taxable years immediately preceding the taxable year in which the
business or farm operation moves from the real property acquired for such project, or during
such other period as the head of the public entity determines to be more equitable for
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES
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establishing such earnings, and includes any compensation paid by the business or farm
operation to the owner, his spouse or his dependents during such period. The term `owner" as
used in this section includes the sole proprietor in a sole proprietorship, the principal partners
in a partnership, and the principal stockholders. of a corporation, as determined by the public
entity. For purposes of determining a principal stockholder, stock held by a husband, his wife
and their dependent children shall be treated as one unit.
(g) If a displaced person who conducts a business or farm operation elects to receive a fixed
payment under this section, he shall provide proof of his earnings from the business or farm
operation to the Agency concerned. Proof of earnings may be established by income tax
returns, financial statements and accounting records or similar evidence acceptable to the
public entity.
6102. Replacement Housing Payments for Homeowners.
(a) General. A public entity shall make to a person who is displaced from a dwelling and who
satisfies the pertinent eligiblity requirements of section 6084 and the conditions of subsection
(b) of this section, a payment not to exceed a combined total of $22,500.00 for:
(1) The amount, if any, which when added to the acquisition cost of the dwelling
acquired for the project equals the reasonable cost, as determined in accordance with
subsection (c), of a comparable replacement dwelling. This amount shall not exceed
the difference between the acquisition price of the acquired dwelling and the actual
purchase price of the replacement dwelling, except where a displaced person, in the
circumstance described in paragraph 6108(a)(1), is willing to use the extra money to
improve the condition of the dwelling.
(2) The amount, if any, to compensate the displaced person for any increased interest
costs, as determined in accordance with subsection (c), he is required to pay for
financing the acquisition of a replacement dwelling. The payment shall not be made
unless the dwelling acquired by the public entity was encumbered by a bona fide
mortgage which was a valid lien on the dwelling for not less than 180 days prior to the
initiation of negotiations for acquisition of such dwelling. (This time requirement may be
modified in accordance with the provisions of subsection (b) below.)
(3) Reasonable expenses, determined in accordance with subsection (c) of this section,
incurred by the displaced person incident to the purchase of the replacement dwelling.
(4) In accordance with section 6108, the cost of rehabilitating a dwelling which does not
satisfy the decent, safe and sanitary standard.
(b) Eligibility Conditions.
(1) A displaced person is eligible for payment under this section if such person:
(A) Is displaced from a dwelling that is acquired;
(B) Has actually owned and occupied such dwelling for not less than 180 days
prior to the initiation of negotiations for its acquisition; and
(C) Purchases and occupies a replacement dwelling within one year
subsequent to the date on which he received final payment from the public entity
of all costs of the acquired dwelling or the date on which he moves from the
acquired dwelling, whichever is later.
(2) If an owner satisifies all but the 180 day requirement and can establish to the
satisfaction of the public entity that he bought the dwelling with the intention of making
it his place of residence, that the move was not motivated by a desire to receive
relocation assistance and benefits, and that he neither knew nor should have known
that a public acquisition was intended the public entity may reduce the requirement as
necessary.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES
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(3) Where for reasons beyond the control of the displaced person completion of
construction, rehabilitation, or relocation of a replacement dwelling is delayed beyond
the date by which occupancy is required, the public entity shall determine the date of
occupancy to be the date the displaced person enters into a contract for such
construction, rehabilitation, or relocation or for the purchase, upon completion, of a
dwelling to be constructed or rehabilitated, if, in fact, the displaced person occupies the
replacement dwelling when the construction or rehabilitation is completed.
(4) Where, for reasons of hardship or circumstances beyond the control of the
displaced person, such person is unable to occupy the replacement dwelling by the
required date, the public entity may extend the deadline as necessary. If by the
deadline the displaced person has contracted to purchase a replacement dwelling, the
public entity should extend the deadline.
(5) No person otherwise eligible for a payment under this section or under section 6104
shall be denied such eligibility as a result of his being unable, because of a major state
or national disaster, to meet the occupancy requirements.
(c) Computation of Replacement Housing Payment.
(1) Cost of Comparable Replacement Dwelling.
(A) In determining the reasonable cost of a comparable replacement dwelling,
the public entity concerned shall use one of the following methods:
1. Comparative Method. On a case -by -case basis by determining the
listing price of dwellings which have been selected by the public entity
and which are most representative of the acquired dwelling unit and
meet the definition of comparable replacement dwelling set out in
subsection 6008(c). Whenever possible the listing price of at least three
dwellings shall be considered.
2. Schedule Method. Where the public entity determines that the
comparative method is not feasible, it may establish a schedule of
reasonable acquisition costs for the various types of comparable
replacement dwellings. If more than one entity is administering a project
causing displacement in the area, it shall cooperate with the other
entities in establishing a uniform schedule for the area. The schedule
shall be based on a current analysis of the market to determine a
reasonable cost for each type of dwelling to be purchased. In large
urban areas this analysis may be confined to the sub -area from which
persons are displaced or may cover several different sub -areas, if they
satisfy or exceed the criteria listed in subsection 6008(c). To assure the
greatest comparability of dwellings in any analysis, the analysis shall be
divided into classifications of the type of construction, number of
bedrooms, and price ranges.
3. Altemative Method. Where the public entity determines that neither
the schedule, nor comparative method is feasible in a given situation, by
the use of another reasonable method.
(B) Whichever method is selected the cost shall be updated to within three
months of the date of purchase of the replacement dwelling.
(2) Interest Payments. Interest payments shall be equal to the discounted present
value of the difference between the aggregate interest applicable to the amount of the
principal of the mortgage on the acquired dwelling over its remaining term at the time
of acquisition, and other debt service costs, and the aggregate interest paid on the
mortgage on the replacement dwelling, and other debt service costs. The term and
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
amount of the mortgage on the replacement dwelling for purposes of this paragraph
shall be the lesser of the remaining term and amount of the mortgage on the acquired
dwelling, or the actual term and amount of the mortgage on the replacement dwelling.
The amount of the debt service cost with respect to the replacement dwelling shall be
the lesser of the debt service cost based on the cost required for a comparable dwelling,
or the debt service cost based on the actual cost of the replacement dwelling.
Prepaid interest or "points" shall be considered in the determination of aggregate
interest.
In calculating the amount of compensation, increased interest cost shall be reduced to
discounted present value using the prevailing interest rate paid on savings deposits by
commercial banks in the general area in which the replacement dwelling is located.
(3) Expenses Incident to the Purchase of the Replacement Dwelling. Payment under
this section shall include the amount necessary to reimburse the displaced person for
actual costs incurred by him incident to the purchase of the replacement dwelling,
including but not limited to the following: legal, closing, and related costs including title
search. preparing conveyance contracts, notary fees, surveys, preparing drawings or
plats, and charges paid incident to recordation; lender, FHA, VA or similar appraisal
costs; FHA, VA or similar application fee; cost for certification of structural soundness;
credit report charges; charge for owner's and mortgagee's evidence or assurance of
title; escrow agent's fee; and sales or transfer taxes. Payment for any such expenses
shall not exceed the amount attributable to the purchase of a replacement dwelling.
Such expenses shall be reasonable and legally required or customary in the community.
Reimbursement shall not be made under the provisions of this paragraph for any fee,
cost, charge, or expense which is determined to be a part of the debt service or finance
charge under Title I of the Truth in Lending Act (Pub. L. 90-321), and Regulation Z
issued pursuant thereto by the Board of Governors of the Federal Reserve System. Any
such sum should be considered in the determination of interest payments.
(d) Multi -family Dwelling. In the case of a displaced homeowner who is required to move from
a one -family unit of a multi -family building which he owns, the replacement housing payment
shall be based on the cost of a comparable one -family unit in a multi -family building of
approximately the same density or if that is not available in a building of the next less density,
or, if a comparable one -family unit in such a multi -family building is not available, the cost of an
otherwise comparable single-family structure.
(e) Owner Retention.
(1) If a displaced homeowner elects to retain, move, and occupy his dwelling, the
amount payable under this section is the difference between the acquisition price of the
acquired property and the sum of the moving and restoration expenses, the cost of
correcting decent, safe, and sanitary deficiencies, if any, and the actual purchase price
of a comparable relocation site. A public entity may limit the payment made under this
subsection to the amount of the replacement housing payment for which the homeowner
would otherwise be eligible.
(2) The payment shall not exceed $22,500.
(f) Provisional Payment Pending Condemnation. lithe exact amount ofareplacement housing
payment cannot be determined because of a pending condemnation suit, the public entity
concerned may make a provisional replacement housing payment to the displaced homeowner
equal to the difference between the public entity's maximum offer for the property and the
reasonable cost of a comparable replacement dwelling, but only if the homeowner enters into
an agreement that upon final adjudication of the condemnation suit the replacement housing
payment will be recomputed on the basis of the acquisition price determined by the court. lithe
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CALIFORNIA RELOCATION ASSISTANCE .4ND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
acquisition price as determined by the court is greater than the maximum offer upon which the
provisional replacement housing payment is based, the difference will be refunded by the
homeowner to the public entity. If the acquisition price as determined by the court is less than
the maximum offer upon which the provisional replacement housing payment is based, the
difference will be paid to the homeowner.
(g) Lease of Condominium. For the purposes of this section, the leasing of a condominium for
a 99-year period, or for a term which exceeds the life expectancy of the displaced person as
determined by the most recent life tables in Vital Statistics of the United States, as published
by the Public Health Service of the Department of Health, Education and Welfare, shall be
deemed a purchase of the condominium.
6104. Replacement Housing Payments for Tenants and Certain Others.
(a) General. A public entity shall make to a displaced person who satisfies the eligibility
requirements of section 6084 and the conditions of subsection (b) below, a payment not to
exceed $5,250.00 for either:
(1) An amount, computed in accordance with paragraph (d)(1) of this section,
necessary to enable such person to lease or rent a replacement dwelling for a period
not to exceed 42 months; or
(2) An amount, computed in accordance with paragraph (d)(2) of this section,
necessary to enable such person to make a downpayment on the purchase of a
replacement dwelling (including incidental expenses described in section 6102).
(b) Eligibility Conditions. A displaced person is eligible for the payments specified in
subsection (a) if he satisfies the following conditions:
(1) Has occupied the dwelling from which he is displaced for a period of not less than
90 days prior to the initiation of negotiation for acquisition of such dwelling.
(2) Is not eligible to receive a replacement housing payment for homeowners under
section 6102 or elects not to receive such payment. Where the displaced person is the
owner -occupant of the dwelling, the payment made under paragraph 6104(a)(2) shall
not exceed the amount of payment to which the person would be eligible under section
6102.
(3) Whenever a payment under subsection (a)(2) is sought the displaced person shall
within one year from the date of displacement purchase and occupy a replacement
dwelling.
(c) The provisions in subsection 6102(b) for modifying the conditions of eligibility also apply to
this section.
(d) Computation of Payment.
(1) Rentals. Except for projects commenced prior to January 1, 1998 the amount of
payment necessary to lease or rent a comparable replacement dwelling, under
subsection (a)(1), shall be computed by subtracting 42 times the base monthly rental
of the displaced person (as determined in accordance with this subsection), from 42
times the monthly rental for a comparable replacement dwelling (as determined in
accordance with this subsection): Provided, that in no case may such amount exceed
the difference between 42 times the base monthly rental as determined in accordance
with this subsection and 42 times the monthly rental actually required for the
replacement dwelling occupied by the displaced person.
(A) Base Monthly Rental. The base monthly rental shall be the lesser of the
average monthly rental paid by the displaced person forthe 3-month period prior
to initiation of negotiations or 30 percent of the displaced person's average
monthly income. (See subsection 6008(1).) Where the displaced person was
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES
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the owner of the dwelling from which he was displaced or was not required to
pay rent for that dwelling, the economic rent (see subsection 6008(h)) shall be
used in lieu of the average monthly rental to calculate base monthly rental.
(B) Comparable Rental. The monthly rental for a comparable replacement
dwelling shall be the amount of rent determined by the public entity by one of the
methods described in paragraph 6102 (c)(1), considering rental charges instead
of listing price or acquisition cost.
(C) Whichever method is selected the cost shall be updated to within three
months of the date of rental of the replacement dwelling.
(2) Downpayment. The downpayment for which a payment specified under paragraph
(a)(2) of this section may be made, shall not exceed the amount of a reasonable
downpayment for the purchase of a comparable replacement dwelling where such
purchase is financed, plus expenses incident to the purchase of a replacement dwelling
computed in accordance with Section 6102. The full amount of a downpayment under
this section shall be applied to the purchase of the replacement dwelling and shall be
shown on the closing statement or other document acceptable to the public entity.
(e) Rental Payments for Displaced Owners and Dependents.
(1) Owners. A displaced owner who elects to rent rather than purchase a replacement
dwelling and who meets the eligibility conditions specified in subsection (b) is eligible
for the payment specified in paragraph (a)(1).
(2) Dependents. A dependent who is residing separate and apart from the person or
family providing support, whether such separate residence is permanent or temporary,
shall be entitled to payment under this section, but such payment shall be limited to the
period during which the displaced dependent resides in the replacement dwelling. At
the time the displaced dependent vacates that dwelling, no further payment under this
section shall be made to such person. For the purposes of this paragraph a
"dependent" shall be a person who derives fifty-one percent or more of his income in the
form of gifts from any private person or any academic scholarship or stipend. Full-time
students shall be presumed to be dependents but may rebut this presumption by
demonstrating that fifty percent or more of their income is derived from sources other
than gifts from another private person or academic scholarships or stipends.
Dependents residing with the family of which they are a part shall not be entitled to any
payment except as a part of the family.
(f) Disbursement. Except where specifically provided otherwise, the public entity shall have
the authority to disburse payments under this section in a lump sum, monthly or at other
intervals acceptable to the displaced person.
6106. Proration of Payments. For the purpose of calculating an alternate payment under section
6098 or a replacement housing payment under section 6102 or 6104, two or more individuals
(whether they are members of one family or not) living together in and displaced from a single
dwelling shall be regarded as one person.
Where a tenant is sharing a single-family dwelling with an owner -occupant and paying the
owner -occupant rent for the privilege, the tenant shall not be entitled to more than one-half of
the rental supplement otherwise payable. The owner -occupant shall not be required to share
the payment to which he is entitled or accept a prorated amount.
6108. Condition of Replacement Dwelling.
(a) When a displaced person qualifies for a replacement housing payment (under section 6102
or 6104) by purchasing or renting a replacement dwelling, the unit, as a general rule, must be
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decent, safe and sanitary. There are three exceptions. One is described in paragraph
6040(a)(6). The others are:
(1) If the purchase of such a dwelling is the result of the public entity's failure to identify
a reasonable number of comparable replacement dwellings as required or if the dwelling
is one to which the person was referred by the public entity, the condition of the dwelling
does not effect eligibility for a replacement housing payment.
(2) If the purchase of such a dwelling is not the result of a public entity's referral or
failure to refer, the otherwise eligible person qualifiesfor a replacement housing
payment if the unit is brought into compliance with the decent, safe and sanitary
standard. In this situation payment shall be limited to the amount that would be
provided in connection with the purchase of a similar, comparable replacement dwelling
or the sum of the actual costs of acquisition (including related expenses) and
rehabilitation, whichever is less.
(b) A public entity shall not induce or encourage a displaced person to acquire a dwelling which
does not satisfy the comparable replacement housing standard. (See section 6008(c).)
6110. Certificate of Eligibility. Upon request by a displaced homeowner or tenant who has not yet
purchased and occupied a replacement dwelling, but who is otherwise eligible for a replacement
housing payment, the public entity concerned shall certify to any interested party, financial
institution, or lending agency, that the displaced homeowner or tenant will be eligible for the
payment of a specific sum if he purchases and occupies a dwelling within the time limits
prescribed.
6112. Manufactured Homes and Mobilehomes.
(a) General. A manufactured home or mobilehome is a dwellling. (See subsection 6008(g).)
A person displaced from a manufactured home or mobilehome must satisfy the same eligibility
requirements and must be provided the same assistance, assurance and payments as a person
displaced from a conventional dwelling.
(b) Moving Expenses. If a manufactured home or mobilehome is moved to another site, the.
displaced person shall be compensated for moving expenses in accordance with sections 6090
and 6092. The provisions of these sections which generally apply only to businesses and farms
shall also apply to displaced persons who move a manufactured home or mobilehome.
(c) Replacement Housing Payments.
(1) A person who owns a manufactured home or mobilehome and site and as a
replacement purchases both a dwelling and site shall be provided a replacement
housing payment in accordance with section 6102. A person who owns a manufactured
home or mobilehome and site, and as a replacement rents both a dwelling and site,
shall be provided a payment in accordance with section 6104.
(2) A person who rents a manufactured home or mobilehome and site, and as a
replacement rents or purchases a dwelling and site, shall be provided a payment in
accordance with section 6104.
(3) A person who owns a manufactured home or mobilehome and site, and as a
replacement purchases a dwelling and rents a site, shall be provided a payment in
accordance with sections 6102 and 6104. The payment shall be limited to the lesser
of:
(A) The amount necessary to purchase a conventional comparable replacement
manufactured home or mobilehome; or
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOS EMBER 1999
(B) The amount necessary to purchase a replacement manufactured home or
mobilehome (in accordance with section 6102) plus the amount necessary to
rent a replacement site (in accordance with section 6104). In calculating this
amount, the economic rent for the site shall be used in lieu of average monthly
rental to determine the base monthly rental (as provided in paragraph
6104(d)(1)).
(4) A person who owns a site from which he moves a manufactured home or
mobilehome shall be provided a replacement housing payment under section 6102 if
he purchases a replacement site and under section 6104 if he rents a replacement site.
(5) A person who owns a manufactured home or mobilehome which is acquired and
rents the site shall be provided payment as follows:
(A) If a manufactured home or mobilehome, as appropriate, is not available the
amount required to purchase a conventional replacement dwelling (in
accordance with section 6102);
(B) The amount necessary to purchase a replacement manufactured home or
mobilehome (in accordance with section 6102) plus the amount necessary to
lease, rent or make a downpayment on a replacement site (in accordance with
section 6104); or
(C) If he elects to rent a replacement manufactured home or mobile home and
site, the amount required to do so in accordance with section 6104. In
calculating this payment, the average monthly rental shall equal the economic
rent for the manufactured home or mobilehome plus the actual rent for the site.
(6) Similar principles shall be applied to other possible combinations of ownership and
tenancy upon which a claim for payment might be based.
6114. Affected Property.
(a) In addition to the payments required by Section 7262 of the Act (see sections 6090, 6092,
6094, 6096, 6098 and 6100), as a cost of acquisition, the public entity shall make a payment
to any affected property owner meeting the requirements of this section.
(b) Such affected property is immediately contiguous to property acquired for airport purposes
and the owner shall have owned the property affected by the acquisition by the public entity not
less than 180 days prior to the initiation of negotiation for acquisition of the acquired property.
(c) Such payment, not to exceed twenty-two thousand five hundred dollars ($22,500.00), shall
be the amount, if any, which equals the actual decline in the fair market value of the property
of the affected property owner caused by the acquisition by the public entity for airport purposes
of other real property and a change in the use of such property.
(d) The amount, if any, of actual decline in fair market value of affected property shall be
determined according to rules and regulations adopted by the public entity. Such rules and
regulations shall limit payment under this section only to such circumstances in which the
decline in fair market value of affected property is reasonably related to objective physical
change in the use of acquired property.
(e) "Affected Property" means any real property which actually declines in fair market value
because of acquisition by a public entity for public use of other real property and a change in
the use of the real property acquired by the public entity.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMRER 1999
ARTICLE 4. LAST RESORT HOUSING.
6120. Purpose. The purpose of this part is to set forth the criteria and procedures for assuring that
if the action of a public entity results, orwill result in displacement, and comparable replacement
housing will not be available as needed, the public entity shall use its funds or funds authorized
for the project to provide such housing.
6122. Determination of Need for Last Resort Housing. If on the basis of data derived form surveys
and analyses which satisfy the requirements of sections 6048 and 6052, the public entity is
unable to demonstrate that comparable replacement housing will be available as required, the
head of the public entity shall determine whether to use the public entity's funds or the funds
authorized for the project to provide such necessary replacement housing or to modify, suspend
or terminate the project or undertaking.
6124. Development of Replacement Housing Plan.
(a) General.
(1) Following the determination pursuant to section 6122, the head of the displacing
public entity shall develop or cause to be developed a replacement housing plan to
produce a sufficient number of comparable replacement dwellings. The plan shall
specify how, when and where the housing will be provided, how it will be financed and
the amount of funds to be diverted to such housing, the prices at which it will be rented
or sold to the families and individuals to be displaced, the arrangements for housing
management and social services as appropriate, the suitability of the location and
environmental impact of the proposed housing, the arrangements for maintaining rent
levels appropriate for the persons to be rehoused, and the disposition of proceeds from
rental, sale, or resale of such housing. If a referendum requirement or zoning presents
an obstacle, the issue shall be addressed.
(2) All contracts and subcontracts for the construction, rehabilitation or management
of last resort housing shall be let without discrimination as to race, sex, marital status,
color, religion, national origin, ancestry or other arbitrary circumstance and pursuant to
an affirmative action program. The public entity shall encourage participation by
minority persons in all levels of construction, rehabilitation, planning, financing and
management of last resort housing. When the housing will be located in an area of
minority concentration, the public entity shall seek to secure significant participation of
minorities in these activities. The public entity shall require that, to the greatest extent
feasible, opportunities for training and employment arising in connection with the
planning, construction, rehabilitation, and operation of last resort housing be given to
persons of low income residing in the area of such housing and shall determine and
implement means to secure the participation of small businesses in the performance of
contracts for such work.
(b) Citizen Participation.
(1) If the need for last resort housing exceeds 25 units, the head of the displacing public
entity shall establish a committee which will consult with and provide advice and
assistance to the displacing public entity in the development of the plan. The committee
should include appointed representatives of the displacing entity and state and local
agencies knowledgeable regarding housing in the area, including but not limited to the
local housing authority and the central relocation agency, if any. In addition, the
committee should include representatives of other appropriate public groups (for
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example, local and area wide planning agencies) and private groups knowledgeable
regarding housing and the problems of housing discrimination.
(2) The committee shall include representatives of the residents to be displaced. These
representatives may be appointed by the displacing entity or elected by the residents,
as the residents wish. Resident representatives shall, at a minimum, constitute one-
third of the committee membership. Votes shall be allocated so that the total votes of
resident representatives shall equal one-half of the total votes of the committee
membership.
(3) The plan must be approved by the vote of a simple majority of the committee
membership. In the event the committee fails to approve the plan, the local governing
body or, where the displacing entity is a state agency, the head of the state agency may
substitute its approval.
(c) Consultation with Other Housing Agencies and Organizations. The head of the displacing
public entity may consult or contract with the Department, a local housing authority, or other
agency or organization having experience in the administration or conduct of housing programs
to provide technical assistance and advice in the development of the replacement housing plan,
6126. Submission of Plan for Comment. The head of the displacing public entity shall submit the
plan and all significant amendments to the local housing and planning agencies for comment
and to assure that the plan accurately reflects housing conditions and needs in the relocation
area. Reviewing agencies shall have 30 calender days following receipt of the plan to prepare
their comments. Copies of all comments received shall be forwarded to the committee and
available to all interested persons.
General notice of the plan shall be provided. Notice shall be designed to reach the residents
of the relocation area; it shall be in accordance with the provisions of paragraph 6046(a)(3) and
subsection 6046(b); and it shall be provided 30 days prior to submission to the committee, or
the local governing body or head of state agency for approval.
6128. Determination by Displacing Public Entity of Feasibility and Compliance. Upon receipt
and consideration of the comments, the displacing public entity shall determine whether or not:
(a) The plan is feasible.
(b) The plan complies with applicable environmental standards and procedures.
(c) The plan is compatible with the local general plan and housing element and the area wide
housing plan or strategy
If any of the above determinations by the displacing public entity is negative the displacing
public entity shall revise the plan as necessary. Substantial modifications in the plan shall be
submitted for review and comment as provided in section 6126. If necessary for timely
implementation of the plan or execution of the project, the head of the displacing public entity
may shorten the time allowed in section 6126 for review of modifications.
6130. Implementation of the Replacement Housing Plan. Upon making the determinations
required by section 6128, the head of the displacing entity may expend funds and take such
other actions as necessary to provide, rehabilitate, or construct replacement housing pursuant
to the approved replacement housing plan through methods including but not limited to the
following:
(a) Transfer of funds to state and local housing agencies.
(b) Contract with organizations experienced in the development of housing.
(c) Direct construction by displacing public entity.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES
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Whenever practicable, the head of the displacing public entity should utilize the services of
federal, state, or local housing agencies, or other agencies having experience in the
administration or conduct of similar housing programs
6132. Housing Production. The head of the displacing public entity shall monitor the production of
the last resort housing to ensure that it is in accordance with the plan.
6134. Jointly Sponsored Development. Where several agencies are administering programs
resulting in residential displacement, opportunities shall be sought for joint development and
financing to aggregate resources in order most efficiently to provide replacement housing in
sufficient quantity to satisfy the aggregate needs of such programs.
6136. Last Resort Housing In Lieu of Payments. A public entity shall not require a displaced
person to accept a dwelling provided pursuant to this Article in lieu of the displaced person's
acquisition payment, if any, for the real property from which he is displaced or the relocation
payments for which he may be eligible.
6138. Conformity with the Act and Other Statutes, Policies and Procedures.
(a) Civil Rights and Other Acts. The administration of this Article shall be in accordance with
the provisions of all applicable federal and state non-discrimination laws and regulations issued
pursuant thereto.
(b) Dwelling and Relocation Standards. Determinations made pursuant to section 6122 and
any plan developed and implemented for providing replacement housing and all such housing
provided thereunder shall be in conformity with the standards established in the Act and
Guidelines.
6139. Last Resort Housing.
(a) Whenever comparable replacement dwellings are not available, or are not available within
the monetary limits of Government Code sections 7263 or 7264, as appropriate, the displacing
agency shall provide additional or alternative assistance under the provisions of this part.
(b) The methods of providing replacement housing of last resort include, but are not limited to:
(1) A replacement housing payment calculated in accordance with the provisions of
sections 6102 or 6104, as appropriate, even if the calculation is in excess of the
monetary limits of Government Code sections 7263 and 7264. A rental assistance
payment under this part shall be paid to the displaced person in a lump sum, or at the
discretion of the displacing agency, $5,250.00 shall be paid to the displaced person in
a lump sum upon displacement and the remainder of the payments shall be paid to the
displacee in periodic payments over a period not to exceed 42 months unless otherwise
specified by statute.
(2) Major rehabilitation of and/or additions to an existing replacement dwelling in a sum
equal to or greater than the payment to which the displaced person is entitled under
subsection (b)(1).
(3) The construction of a new replacement dwelling in a sum equal to or greater than
the payment to which the displaced person is entitled under subsection (b)(1) of this
section.
(4) The relocation and, if necessary, rehabilitation of a dwelling.
(5) The purchase of land and/or a replacement dwelling by the displacing agency and
subsequent sale or lease to, or exchange with a displaced person.
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(6) For purposes of accommodating the needs of handicapped persons, the removal
of barriers to the handicapped.
(c) Only at the discretion of displacing agencies are post -acquisition tenants entitled to last
resort housing payments.
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ARTICLE 5. GRIEVANCE PROCEDURES
6150. Purpose. The purpose of this article is to set forth guidelines for processing appeals from
public entity determinations as to eligibility, the amount of payment, and for processing appeals
from persons aggrieved by a public entity's failure to refer them to comparable permanent or
adequate temporary replacement housing. Public entities shall establish procedures to
implement the provisions of this Article.
6152. Right of Review.
(a) Any complainant, that is any person who believes himself aggrieved by a determination as
to eligibility, the amount of payment, the failure of the public entity to provide comparable
permanent or adequate temporary replacement housing or the public entity's property
management practices may, at his election, have his claim reviewed and reconsidered by the
head of the public entity or an authorized designee (other than the person who made the
determination in question) in accordance with the procedures set forth in this article, as
supplemented by the procedures the public entity shall establish for such review and
reconsideration.
(b) A person or organization directly affected by the relocation plan may petition the
Department to review the final relocation plan of a public entity to determine if the plan is in
compliance with state laws and guidelines or review the implementation of a relocation plan to
determine if the public entity is acting in compliance with its relocation plan. Review undertaken
by the Department under this section shall be in accordance with the provisions of sections
6158 and may be informal. Before conducting an investigation the Department should attempt
to constrain disputes between parties.
Failure to petition the Department shall not limit a complainant's right to seek judicial review.
(c) If a relocation appeals board has been established pursuant to Section 33417.5 of the
Health and Safety Code, a city by ordinance may designate the board to hear appeals from
local public entities which do not have an appeal process. In the absence of such an ordinance,
public entities shall establish procedures to implement the provisions of this Article.
6154. Notification to Complainant. If the public entity denies or refuses to consider a claim, the
public entity's notification to the complainant of its determination shall inform the complainant
of its reasons and the applicable procedures for obtaining review of the decision. If necessary,
such notification shall be printed in a language other than English in accordance with section
6046.
6156. Stages of Review by a Public Entity.
(a) Request for Further Written Information. A complainant may request the public entity to
provide him with a full written explanation of its determination and the basis therefore, if he feels
that the explanation accompanying the payment of the claim or notice of the entity's
determination was incorrect or inadequate. The public entity shall provide such an explanation
to the complainant within three weeks of its receipt of his 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 within the period described in subsection (d) of this section, and within 15 days of the
request the public entity shall afford the complainant the opportunity to make such presentation.
The complainant may be represented by an attorney or other person of his choosing. This oral
presentation shall enable the complainant to discuss the claim with the head of the public entity
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or a designee (other than the person who made the initial determination) having authority to
revise the initial determination on the claim. The public entity shall make a summary of the
matters discussed in the oral presentation to be included as part of its file. 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) a complainant may file a written request for formal review and reconsideration.
The complainant may include in the request for review any statement of fact within the
complainant's knowledge or belief or other material which 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 therefor, the complainant's
request should be granted.
(d) Time Limit for Requesting Review. A complainant desiring either an informal oral
presentation or seeking a formal review and reconsideration shall make a request to the public
entity within eighteen months following the date he moves from the property or the date he
receives final compensation for the property, whichever is later.
6158. Formal Review and Reconsideration by the Public Entity.
(a) General. The public entity shall consider the request for review and shall decide whether
a modification of its initial determination is necessary. This review shall be conducted by the
head of the public entity or an authorized, impartial designee. (The designee may be a
committee). A designee shall have the authority to revise the initial determination or the
determination of a previous oral presentation. The public entity shall consider every aggrieved
person's complaint regardless of form, and shall, if necessary provide assistance to the claimant
in preparing the written claim. When a claimant seeks review, the public entity shall inform him
that he has the right to be represented by an attorney, to present his case by oral or
documentary evidence, to submit rebuttal evidence, to conduct such cross-examination as may
be required for a full and true disclosure of facts, and to seek judicial review once he has
exhausted administrative appeal.
(b) Scope of Review. The public entity shall review and reconsider its initial determination of
the claimant's case in light of:
(1) All material upon which the public agency 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.
(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 public entity in its discretion, obtains by request,
investigation, or research, to ensure fair and full review of the claim.
(c) Determination on Review by Public Entity.
(1) The determination on review by the public entity shall include, but is not limited to:
(A) The public entity's decision on reconsideration of the claim.
(B) The factual and legal basis upon which the decision rests, including any
pertinent explanation or rationale.
(C) A statement to the claimant of the right to further administrative appeal, if
the public entity has such an appeal structure, or if not, a statement to the
claimant that administrative remedies have been exhausted and judicial review
may be sought.
(2) The determination shall be in writing with a copy provided to the claimant.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMIDER 1999
(d) Time Limits.
(1) The public entity shall issue its determination of review as soon as possible but no
later than 6 weeks from receipt of the last material submitted for consideration by the
claimant or the date of the hearing, whichever is later.
(2) In the case of complaints dismissed for untimeliness or for any other reason not
based on the merits of the claim, the public entity 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 2 weeks from receipt of the last material submitted by the claimant or the date
of the hearing, whichever is later.
6160. Refusals to Waive Time Limitation. Whenever a public entity rejects a request by a claimant
for a waiver of the time limits provided in section 6088, a claimant may file a written request for
review of this decision in accordance with the procedures set forth in sections 6156 and 6158,
except that such written request for review shall be filed within 90 days of the claimant's receipt
of the public entity's determination.
6162. Extension of Time Limits. The time limits specified in section 6156 may be extended for good
cause by the public entity.
6164. Recommendations by Third Party. Upon agreement between the claimant and the public
entity, a mutually acceptable third party or parties may review the claim and make advisory
recommendations thereon to the head of the public entity for its final determination. In
reviewing the claim and making recommendations to the public entity, the third party or parties
shall be guided by the provisions of this Article.
6166. Review of Files by Claimant. Except to the extent the confidentiality of material is protected
by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect
all files and records bearing upon his claim or the prosecution of the claimant's grievance. If
a claimant is improperly denied access to any relevant material bearing on the claim, such
material may not be relied upon in reviewing the initial determination.
6168. Effect of Determination on Other Persons. The principles established in all determinations
by a public entity 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.
6170. Right to Counsel. Any aggrieved party has a right to representation by legal or other counsel
at his expense at any and all stages of the proceedings set forth in these sections.
6172. Stay of Displacement Pending Review. If a complainant seeks to prevent displacement, the
public entity shall not require the complainant to move until at least 20 days after it has made
a determination and the complainant has had an opportunity to seek judicial review. In all cases
the public entity shall notify the complainant in writing 20 days prior to the proposed new date
of displacement.
6174. Joint Complainants. Where more than one person is aggrieved by the failure of the public
entity to refer them to comparable permanent or adequate temporary replacement housing the
complainants may join in filing a single written request for review. A determination shall be
made by the public entity for each of the complainants.
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CALIFORVIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
6176. Judicial Review. Nothing in this Article shall in any way preclude or limit a claimant from
seeking judicial review of a claim upon exhaustion of such administrative remedies as are
available under this Article.
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ARTICLE 6. ACQUISITION POLICIES
6180. Purpose. The purpose of the Article is to set forth the practices to be followed with respect to
acquisition of real property by a public entity. Public entities shall, to the greatest extent
practicable, be guided by these practices.
6182. Acquisition.
(a) A public entity shall make every reasonable effort to acquire property by negotiation and
to do so expeditiously.
(b) Before negotiations are initiated (see subsection 6008(n)) a public entity shall:
(1) Have the property appraised, giving the owner or his representative designated in
writing an opportunity, by reasonable advance written notice, to accompany the
appraiser during the inspection of the property;
(2) If the owner of real property is also the owner of a business conducted on the real
property to be acquired or on the remainder, inform him of his possible right to
compensation for loss of goodwill. The public entity should include a copy of the
pertinent provisions of the Eminent Domain Law (Code of Civil Procedure Sections
1230.010 et seq.)
(3) Establish an amount it believes to be just compensation for the property, which
amount shall, in no event, be less than the public entity's approved appraisal of the fair
market value of the property as improved.
(c) The determination of just compensation shall be based upon consideration of:
(1) The real property being acquired;
(2) Where the real property acquired is part of a larger parcel, the injury, if any, to the
remainder; and
(3) Loss of goodwill, where the owner of the real property is also the owner of a
business conducted upon the property to be acquired or on the remainder and where
the provisions of the Eminent Domain Law pertaining to compensation for loss of
goodwill are satisfied. Goodwill consists of the benefits that accrue to a business as a
result of its location, reputation for dependability, skill or quality, and any other
circumstances resulting in probable retention of old or acquisition of new patronage.
(d) As soon as possible after the amount of just compensation is established, the public entity
shall offer to acquire the property for the full amount so established and shall provide the owner
with a written statement of the basis for determination of just compensation. The statement
shall include the following:
(1) A general statement of the public use for which the property is to be acquired.
(2) A description of the location and extent of the property to be taken, with sufficient
detail for reasonable identification, and the interest to be acquired.
(3) An inventory identifying the buildings, structures, fixtures, and other improvements.
(4) A recital of the amount of the offer and a statement that such amount:
(A) Is the full amount believed by the public entity to be just compensation for
the property taken;
(B) Is not less than the approved appraisal of the fair market value of the
property as improved;
(C) Disregards any decrease or increase in the fair market value of the real
property to be acquired prior to the date of valuation caused by the public
improvement for which the property is to be acquired for such public
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improvement, other than that due to physical deterioration within the reasonable
control of the owner or occupant; and
(D) Does not reflect any consideration of or allowance for any relocation
assistance and payments or other benefits which the owner is entitled to receive
under an agreement with the public entity, except for an amount to compensate
the ownerforthat portion of loss of goodwill provided in accordance with Section
6100.
(5) If the real property is a portion of a larger parcel, the statement shall include an
apportionment of the total estimated just compensation for the partial acquisition
between the value of the property being taken and the amount of damage, if any, to the
remainder of the larger parcel from which such property is taken.
(6) If the owner of the real property to be acquired is also the owner of a business
conducted upon the property orthe remainder, the statement shall include an indication
of the amount of compensation for loss of goodwill.
(e) At the initiation of negotiations (see subsection 6008(n)) a public entity shall provide written
notification to the owner of a business conducted on the real property to be acquired or on the
remainder, who is not also the owner of the real property, concerning his possible right to
compensation for loss of goodwill. The public entity should include a copy of the pertinent
provisions of the Eminent Domain Law (Code of Civil Procedure, Section 1230.010 et seq.).
(f) (1) If after receiving the public entity's offer the owner requests additional information
regarding the determination of just compensation, the public entity shall provide the
following information to the extent that the determination of just compensation is based
thereon:
(A) The date of valuation used.
(B) The highest and best use of the property.
(C) The applicable zoning.
(D) Identification of some of the sales, contracts to sell and purchase, and
leases supporting the determination of value.
(E) If the property is a portion of a larger parcel, a description of the larger
parcel, with sufficient detail for reasonable identification.
(2) With respect to each sale, contract, or lease provided in accordance with (1)(D)
above, the following data should be provided:
(A) The names and business or residence addresses, if known, of the parties
to the transaction.
(B) The location of the property subject to the transaction.
(C) The date of transaction.
(D) The price and other significant terms and circumstances of the transaction,
if known. In lieu of stating the other terms and circumstances, the public entity
may, if the document is available for inspection, state the place where and the
times when it is available for inspection.
(3) The requirements of this subsection do not apply to requests made after an eminent
domain proceeding is commenced.
(g) Whenever a part of a parcel of property is to be acquired by a public entity for public use
and the remainder, or a portion of the remainder, will be left in such size, shape or condition as
to constitute an uneconomic remnant the public entity shall offer to acquire the remnant if the
owner so desires. For the purposes of these Guidelines an "uneconomic remnant" shall be a
parcel of real property in which the owner retains an interest after partial acquisition of his
property and which has little or no utility or value to such owner. (Nothing in this subsection is
intended to limit a public entity's authority to acquire real property.)
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
(h) Nothing in this section shall be construed to deprive a tenant of the right to obtain payment
for his property interest as otherwise provided by law.
(i) (1) Prior to commencement of an eminent domain proceeding the public entity shall
make reasonable efforts to discuss with the owner its offer to purchase the owner's real
property. The owner shall be given a reasonable opportunity to present material which
he believes to be relevant as to the question of value and to suggest modification in the
proposed terms and conditions of the purchase, and the public entity shall carefully
consider the owner's presentation.
(2) Prior to commencement of an eminent domain proceeding, if the evidence
presented by an owner or a material change in the character or condition of the property
indicates the need for a new appraisal or if a significant delay has occurred since the
determination of just compensation, the public entity shall have its appraisal updated.
If a modification in the public entity's determination of just compensation is warranted,
an appropriate price adjustment shall be made and the new amount determined to be
just compensation shall be promptly offered in writing to the owner.
(j) (1) In no event shall the public entity either advance the time of condemnation, or defer
negotiations or condemnation on the deposit of funds in court for the use of the owner,
or take any other action coercive or misleading in nature, in order to compel or induce
an agreement on the price to be paid for the property.
(2) If any interest in property is to be acquired by exercise of the power of eminent
domain, the public entity shall promptly institute formal condemnation proceedings. No
public entity shall intentionally make it necessary for an owner to institute legal
proceedings to prove the fact of the taking of this real property.
6184. Notice of Decision to Appraise. The public entity shall provide the owner with written notice
of its decision to appraise the real property as soon as possible after the decision to appraise
has been reached. The notice shall state, as a minimum, that:
(a) A specific area is being considered for a particular public use;
(b) The owner's property has been determined to be located within the area; and
(c) The owner's property, which shall be generally described, may be acquired in connection
with the public use.
6186. Time of Offer. The public entity shall make its first written offer as soon as practicable following
service of the Notice of Decision to Appraise. (See section 6184.)
6188. Notice of Land Acquisition Procedures.
(a) At the time the public entity notifies an owner of its decision to appraise real property it shall
furnish the owner a written explanation of its land acquisition procedures, describing in non-
technical, understandable terms the public entity's acquisition procedures and the principal
rights and options available to the owner.
(b) The notice shall include the following:
(1) A description of the basic objective of the public entity's land acquisition program
and a reference to the availability of the public entity's statement covering relocation
benefits for which an owner -occupant may be eligible;
(2) A statement that the owner or his representative designated in writing shall be given
the opportunity to accompany each appraiser during his inspection of the property.
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CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMDER 1999
(3) A statement that if the acquisition of any part of real property would leave the owner
with an uneconomic remnant as defined in subsection 6182(g) the public entity will offer
to acquire the uneconomic remnant; if the owner so desires;
(4) A statement that if the owner is not satisfied with the public entity's offer of just
compensation he will be given a reasonable opportunity to present relevant material,
which the public entity will carefully consider, and that if a voluntary agreement cannot
be reached the public entity, as soon as possible, will either institute a formal
condemnation proceeding against the property or abandon its intention to acquire the
property, giving notice of the latter as provided in section 6190.
(5) A statement that construction or development of a project shall be so scheduled that
no person lawfully occupying real property shall be required to move from a dwelling
(assuming a replacement dwelling as required by these Guidelines will be available) or
to move his business or farm operation without at least 90 days written notice from the
public entity of the date by which the move is required; and
(6) A statement that, if arrangements are made to rent the property to an owner or his
tenant for a short term or for a period subject to termination by the public entity on short
notice, the rental will not exceed the lesser of the fair rental value of the property to short
term occupier or the pro rata portion of the fair rental value for a typical rental period.
If the owner or tenant is an occupant of a dwelling, the rental for the dwelling shall be
within his financial means. (See subsection 6008(c).)
6190. Notice of Public Entity's Decision Not to Acquire. Whenever a public entity which has
forwarded a Notice of Decision to Appraise or has made a firm offer subsequently decides not
to acquire the property, the public entity shall serve a notice in writing on the owner, all persons
occupying the property and all other persons potentially eligible for relocation payments and
assistance. This notice shall state that the public entity has decided not to acquire the property.
It shall be served not later than 10 days following the date of the public entity decision not to
acquire.
6192. Incidental Expenses. If the real property is acquired by purchase, the public entity shall pay
all reasonable expenses incident to transfer. Among the expenses requiring payment are:
recording fees, transfer fees and similar expenses incident to the conveyance of real property,
and the pro rata portion of charges for public service such as water, sewage and trash
collection which are allowable to a period subsequent to the date of transfer of title to the public
entity, or the effective date of possession of such property by the public entity, whichever is
earlier. The public entity shall inform the owner that he may apply for a rebate of the pro rata
portion of any real property taxes paid.
6194. Short Term Rental.
(a) If the public permits an owner or tenant to occupy the real property acquired on a rental
basis for a short-term or for a period subject to termination by the public entity on short notice,
the amount of rent required shall not exceed the lesser of the fair rental value to a short-term
occupier or the pro rata portion of the fair rental value for a typical rental period.
If the owner or tenant is an occupant of a dwelling, the rental for the dwelling shall be within his
financial means. (See subsection 6008(c).)
(b) A posed- acquisition tenant who occupies real property acquired on a rental basis for a
short term and who is informed that the property has been acquired for a public use shall be
given not less than 30 days notice of termination of the tenancy.
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fwww.OPC services.com) Page 44 of46
CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMEER 1999
6195. Public Information. The purchase price and other consideration paid by the public entity is
public information and shall be made available upon request.
6196. Service of Notice. Service of all notices required by this article shall be made either by first
class mail or by personal service upon the person to be notified.
6198. Nonpossessory Interest Exception. The provisions of 6182(b), (c), (d)(4) and (f) and 6188
shall not apply to the acquisition of any easement, right-of-way, covenant or other
nonpossessory interest in real property to be acquired for the construction, reconstruction,
alteration, enlargement, maintenance, renewal, repair or replacement of sub -surface sewers,
waterlines or appurtenance, drains, septic tanks, or storm water drains.
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.OPCservices.com) Page 45 of46
CALIFORNIA RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES AS OF NOVEMBER 1999
ATTACHMENT A
Minimum Contents of Informational Statement(s)
Item To Be Included
For Distribution To
Displaced Business
Persons Concerns
and Others
General description of the nature and types of activities that will be undertaken, including an X X
identification of areas which may involve displacement. A diagrammatic sketch of the project area
should be attached
2. Statement that public action may result in displacement but that no one lawfully occupying X X
property will be required to surrender possession without at least 90 days' written notice from the
public entity and no one will be required to move until 90 days after the provision of information.
3. Assurance that families and individuals will not be required to move before reasonable offers of X
decent, safe, and sanitary and otherwise comparable housing within their financial means have
been made, except for the causes set forth in the local agency's eviction policy (which shall be
in accordance with section 6058.)
4. General description of types of relocation payments available, including general eligibility criteria X X
and a caution against premature moves that might result in loss of eligibility for a payment.
5. Identification of the agency's relocation program and a description of the relocation services and X X
aids that will be available.
6. Encouragement to visit the agency's relocation office and cooperate with the staff. The address, X X
telephone #, and hours of the relocation office should be specified.
7. Information on replacement housing, including:
a. Brief description of what constitutes comparable replacement housing, including physical
standards.
b. Laymen's description of Federal fair housing law (Title VI II of Civil Rights Act of 1968),
and applicable State and local fair housing laws, as well as rights under Title IV of the
Civil Rights Act of 1964.
c. Statement that the public entity (or its agent) will identify comparable replacement
dwellings within the financial means of and otherwise available to displaced persons and
will provide assistance to persons in obtaining housing of their choice, including
assistance in the referral of complaints of discrimination to the appropriate Federal,
State or local fair housing enforcement agency.
d. Statement that persons may seek their own housing accommodations and urging them,
if they do so, to notify the relocation office prior to making a commitment to purchase or
occupy the property
X
8. Statement that the public entity will provide maximum assistance in locating relocation
accommodations, including consultation with the Small Business Administration and other
governmental agencies which might be of assistance.
X
9. Statement describing requirement for prior notification to the agency of the business concern's
intention to move.
X
10. Summary of the local agency's eviction policy, which shall be in accordance with the provisions X X
of section 6058.
11. Statement describing the agency's grievance procedure, its purpose, and how it may be used, X X
which procedure shall be in accordance with the provisions of Article 5.
EXHIBIT C
STATE RELOCATION LAW
(SEE FOLLOWING PAGES)
ROSENOW SPEVACEK GROUP INC. PAGE 6
CALIFORNIA GOVERNMENT CODE 1
SECTION 7260-7277
7260. As used in this chapter:
(a) "Public entity" includes the state, the Regents of the
University of California, a county, city, city and county, district,
public authority, public agency, and any other political subdivision
or public corporation in the state or any entity acting on behalf of
these agencies when acquiring real property, or any interest therein,
in any city or county for public use, and any person who has the
authority to acquire property by eminent domain under state law.
(b) "Person" means any individual, partnership, corporation,
limited liability company, or association.
(c) (1) "Displaced person" means both of the following:
(A) Any person who moves from real property, or who moves his or
her personal property from real property, either:
(i) As a direct result of a written notice of intent to acquire,
or the acquisition of, the real property, in whole or in part, for a
program or project undertaken by a public entity or by any person
having an agreement with, or acting on behalf of, a public entity.
(ii) As a direct result of the rehabilitation, demolition, or
other displacing activity, as the public entity may prescribe under a
program or project undertaken by a public entity, of real property
on which the person is a residential tenant or conducts a business or
farm operation, if the public entity determines that the
displacement is permanent. For purposes of this subparagraph,
"residential tenant" includes any occupant of a residential hotel
unit, as defined in subdivision (b) of Section 50669 of the Health
and Safety Code, and any occupant of employee housing, as defined in
Section 17008 of the Health and Safety Code, but does not include any
person who has been determined to be in unlawful occupancy of the
displacement dwelling.
(B) Solely for the purposes of Sections 7261 and 7262, any person
who moves from real property, or moves his or her personal property
from real property, either:
(i) As a direct result of a written notice of intent to acquire,
or the acquisition of, other real property, in whole or in part, on
which the person conducts a business or farm operation for a program
or project undertaken by a public entity.
(ii) As a direct result of the rehabilitation, demolition, or
other displacing activity as the public entity may prescribe under a
program or project undertaken by a public entity, of other real
property on which the person conducts a business or farm operation,
in any case in which the public entity determines that the
displacement is permanent.
(2) This subdivision shall be construed so that persons displaced
as a result of public action receive relocation benefits in cases
where they are displaced as a result of an owner participation
agreement or an acquisition carried out by a private person for, or
in connection with, a public use where the public entity is otherwise
empowered to acquire the property to carry out the public use.
Except for persons or families of low and moderate income, as
defined in Section 50093 of the Health and Safety Code, who are
occupants of housing that was made available to them, on a permanent
basis by a public agency and who are required to move from the
housing, a "displaced person" shall not include any of the following:
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ROSENOW SPEVACEK GROUP INC. PAGE 7
(A) Any person who has been determined to be in unlawful occupancy
of the displacement dwellings.
(B) Any person whose right of possession at the time cf moving
arose after the date of the public entity's acquisition of the real
property.
(C) Any person who has occupied the real property for the purpose
of obtaining assistance under this chapter.
(D) In any case in which the public entity acquires property for a
program or project (other than a person whc was an occupant of the
property at the time it was acquired), any person who occupies the
property for a period subject to termination when the property is
needed for the program or project.
(d) "Business" means any lawful activity, except a farm operation,
conducted for any of the following:
(1) Primarily for the purchase, sale, lease, or rental of personal
and real property, and for the manufacture, processing, or marketing
of products, commodities, or any other personal property.
(2) Primarily for the sale of services to the public.
(3) Primarily by a nonprofit organization.
(4) Solely for the purpose of Section 7262 for assisting in the
purchase, sale, resale, manufacture, processing, or marketing of
products, commodities, personal property, or services by the erection
and maintenance of an outdoor advertising display, whether or not
the display is located on the premises on which any cf the above
activities are conducted.
(e) "Farm operation" means any activity conducted solely or
primarily for the production of one or more agricultural products or
commodities, including timber, for sale or home use, and customarily
producing these products or commodities in sufficient quantity to be
capable of contributing materially to the operator's support.
(f) "Affected property" means any real property that actually
declines in fair market value because cf acquisition by a public
entity for public use of other real property and a change in the use
of the real property acquired by the public entity.
(g) "Public use" means a use for which real property may be
acquired by eminent domain.
(h) "Mortgage" means classes of liens that are commonly given to
secure advances cn, cr the unpaid purchase price of, real property,
together with the credit instruments, if any, secured thereby.
(i) "Comparable replacement dwelling" means any dwelling that is
all of the following:
(1) Decent, safe, and sanitary.
(2) Adequate in size to accommodate the occupants.
(3) In the case cf a displaced person who is a renter, within the
financial means of the displaced person. A comparable replacement
dwelling is within the financial means of a displaced person if the
monthly rental cost of the dwelling, including estimated average
monthly utility costs, minus any replacement housing payment
available to the person, does not exceed 30 percent cf the person's
average monthly income, unless the displaced person meets one cr more
of the following conditions, in which case the payment cf the
monthly rental cost of the comparable replacement dwelling, including
estimated average monthly utility costs, minus any replacement
housing payment available to the person, shall not exceed 25 percent
of the person's average monthly income:
(A) Prior to January 1, 1998, the displaced person received a
notice to vacate from a public entity, or from a person having an
agreement with a public entity.
(B) The displaced person resides cn property that was acquired by
a public entity, or by a person having an agreement with a public
ROSENOW SPEVACEK GROUP INC. PAGE 8
entity, prior to January 1, 1998.
(C) Prior to January 1, 1998, a public entity, or a person having
an agreement with a public entity, initiated negotiations to acquire
the property on which the displaced person resides.
(D) Prior to January 1, 1998, a public entity, or a person having
an agreement with a public entity, entered into an agreement to
acquire the property on which the displaced person resides.
(F) Prior to January 1, 1998, a public entity, or a person having
an agreement with a public entity, gave written notice of intent to
acquire the property on which the displaced person resides.
(F) The displaced person is covered by, or resides in an area or
project covered by, a final relocation plan that was adopted by the
legislative body prior to January 1, 1998, pursuant to this chapter
and the regulations adopted pursuant to this chapter.
(G) The displaced person is covered by, or resides in an area or
project covered by, a proposed relocation plan that was required to
have been submitted prior to January 1, 1998, to the Department of
Housing and Community Development or to a local relocation committee,
or for which notice was required to have been provided to occupants
of the property prior to January 1, 1998, pursuant to this chapter
and the regulations adopted pursuant to this chapter.
(H) The displaced person is covered by, or resides in an area or
project covered by, a proposed relocation plan that was submitted
prior to January 1, 1998, to the Department of Housing and Community
Development or to a local relocation conmiittee, or for which notice
was provided to the public or to occupants of the property prior to
January 1, 1998, pursuant to this chapter and the regulations adopted
pursuant to this chapter, and the person is eventually displaced by
the project covered in the proposed relocation plan.
(I) The displaced person resides on property for which a contract
for acquisition, rehabilitation, demolition, construction, or other
displacing activity was entered into by a public entity, or by a
person having an agreement with a public entity, prior to January
1998.
(J) The displaced person resides on property where an owner
participation agreement, or other agreement between a public entity
and a private party that will result in the acquisition,
rehabilitation, demolition, or development of the property or other
displacement, was entered into prior to January 1, 1998, and the
displaced person resides in the property at the time of the
agreement, provides information to the public entity, or person
having an agreement with the public entity showing that he or she did
reside in the property at the time of the agreement and is
eventually displaced by the project covered in the agreement.
(4) Comparable with respect to the number of rooms, habitable
space, and type and quality of construction. Comparability under
this paragraph shall not require strict adherence to a detailed,
feature -by -feature comparison. While a comparable replacement
dwelling need not possess every feature of the displacement dwelling,
the principal features shall be present.
(5) In an area not subject to unreasonable adverse environmental
conditions.
(6) In a location generally not less desirable than the location
of the displaced person's dwelling with respect to public utilities,
facilities, services, and the displaced person's place of employment.
(j) "Displacing agency" means any public entity or person carrying
out a program or project which causes a person to be a displaced
person for a public project.
(k) "Appraisal" means a written statement independently and
impartially prepared by a qualified appraiser setting forth an
ROSENOW SPEVACEK GROUP INC. PAGE 9
opinion of defined value of an adequately described property as of a
specific date, supported by the presentation and analysis of relevant
market information.
(1) "Small business" means a business as defined in Part 24 of
Title 49 of the Code of Federal Regulations.
(m) "Lead agency" means the Department of Housing and Community
Development.
7260.5. (a) The Legislature finds and declares the following:
(1) Displacement as a direct result of programs or projects
undertaken by a public entity is caused by a number of activities,
including rehabilitation, demolition, code enforcement, and
acquisition.
(2) Relocation assistance policies must provide for fair, uniform,
and equitable treatment of all affected persons.
(3) The displacement of businesses often results in their closure.
(4) Minimizing the adverse impact of displacement is essential to
maintaining the economic and social well-being of communities.
(5) Implementation of this chapter has resulted in burdensome,
inefficient, and inconsistent compliance requirements and procedures
which may be improved by establishing a lead agency.
(b) This chapter establishes a uniform policy for the fair and
equitable treatment of persons displaced as a direct result of
programs or projects undertaken by a public entity. The primary
purpose of this chapter is to ensure that these persons shall not
suffer disproportionate injuries as a result of programs and projects
designed for the benefit of the public as a whole and to minimize
the hardship of displacement on these persons.
(c) The Legislature intends all of the following:
(1) Public entities shall carry out this chapter in a manner which
minimizes waste, fraud, and mismanagement and reduces unnecessary
administrative costs.
(2) Uniform procedures for the administration of relocation
assistance shall, to the maximum extent feasible, assure that the
unique circumstances of any displaced person are taken into account
and that persons in essentially similar circumstances are accorded
equal treatment under this chapter.
(3) The improvement of housing conditions of economically
disadvantaged persons under this chapter shall be undertaken, to the
maximum extent feasible, in coordination with existing federal,
state, and local government programs for accomplishing these goals.
(4) The policies and procedures of this chapter shall be
administered in a manner which is consistent with fair housing
requirements and which assures all persons their rights under Title
VT:: of that act of April 11, 1968 (Public Law 90-284), commonly
known as the Civil Rights Act of 1968 and Title VI of the Civil
Rights Act of 1964.
7260.7. Notwithstanding any other provision of law, in furtherance
of the goal set forth in paragraph (3) of subdivision (c) of Section
7260.5, nonprofit facilities subsidized pursuant to any federal or
state program for the benefit of low-income tenants that restrict
rent increases based on operating cost increases, and that also
receive state funds for renovation and rehabilitation involving the
temporary relocation of those tenants, shall be exempt from any
restrictions on rents imposed pursuant to this chapter.
7261. (a) Programs or projects undertaken by a public entity shall
be planned in a manner that (1) recognizes, at an early stage in the
planning of the programs or projects and before the commencement of
ROSENOW SPEVACEK GROUP INC. PAGE 10
any actions which will cause displacements, the problems associated
with the displacement of individuals, families, businesses, and farm
operations, and (2) provides for the resolution of these problems in
order to minimize adverse impacts on displaced persons and to
expedite program or project advancement and completion. The head of
the displacing agency shall ensure the relocation assistance
advisory services described in subdivision (c) are made available to
all persons displaced by the public entity. If the agency determines
that any person occupying property immediately adjacent to the
property where the displacing activity occurs is caused substantial
economic injury as a result thereof, the agency may make the advisory
services available to the person.
(b) In giving this assistance, the public entity may establish
local relocation advisory assistance offices to assist in obtaining
replacement facilities for persons, businesses, and farm operations
which find that it is necessary to relocate because of the
acquisition of real property by the public entity.
(c) This advisory assistance shall include those measures,
facilities, or services which are necessary or appropriate to do all
of the following:
(1) Determine and make timely recommendations on the needs and
preferences, if any, of displaced persons for relocation assistance.
(2) Provide current and continuing information on the
availability, sales prices, and rentals of comparable replacement
dwellings for displaced homeowners and tenants, and suitable
locations for businesses and farm operations.
(3) Assure that, within a reasonable time period prior to
displacement, to the extent that it can be reasonably accomplished,
there will be available in areas not generally less desirable in
regard to public utilities and public and commercial facilities, and
at rents or prices within the financial means of displaced families
and 'individuals, decent, safe, and sanitary dwellings, sufficient in
number to meet the needs of, and available to, those displaced
persons requiring those dwellings and reasonably accessible to their
places of employment, except that, in the case of a federally funded
project, a waiver may be obtained from the federal government.
(4) Assure that a person shall not be required to move from a
dwelling unless the person has had a reasonable opportunity to
relocate to a comparable replacement dwelling, except in the case of
any of the following:
(A) A major disaster as defined in Section 102(2) of the federal
Disaster Relief Act of 1974.
(B) A state of emergency declared by the President or Governor.
(0) Any other emergency which requires the person to move
immediately from the dwelling because continued occupancy of the
dwelling by the person constitutes a substantial danger to the health
or safety of the person.
(5) Assist a person displaced from a business or farm operation in
obtaining and becoming established in a suitable replacement
location.
(6) Supply information concerning other federal and state programs
which may be of assistance to those persons in applying for
assistance under the program.
(7) Provide other advisory services to displaced persons in order
to minimize hardships to those persons.
(d) The head of the displacing agency shall coordinate its
relocation assistance program with the project work necessitating the
displacement and with other planned or proposed activities of other
public entities in the community or nearby areas which may affect the
implementation of its relocation assistance program.
ROSENOW SPEVACEK GROUP INC. PAGE 11
(e) Notwithstanding subdivision (c) of Section 7260, in any case
in which a displacing agency acquires property for a program or
project, any person who occupies the property on a rental basis for a
short term or a period subject to termination when the property is
needed for the program or project, shall be eligible for advisory
services to the extent determined by the displacing agency.
7261.5. In order to prevent unnecessary expenses and duplications
of functions, and to promote uniform and effective administration of
relocation assistance programs for displaced persons under this
chapter, a public entity may enter into a contract with any
individual, firm, association, or corporation for services in
connection with such program, or may carry out its functions under
this chapter through any federal, state, or local governmental agency
having an established organization for conducting relocation
assistance programs. Any public entity may, in carrying out its
relocation assistance activities, utilize the services of state or
local housing agencies or other agencies having experience in the
administration or conduct of similar housing assistance activities.
7262. (a) Whenever a program or project to be undertaken by a
public entity will result in the displacement of any person, the
displaced person is entitled to payment for actual moving and related
expenses as the public entity determines to be reasonable and
necessary, including expenses for all of the following:
(1) Actual and reasonable expenses in moving himself or herself,
his or her family, business, or farm operation, or his or her, or his
or her family's, personal property.
(2) Actual direct losses of tangible personal property as a result
of moving or discontinuing a business or farm operation, but not to
exceed an amount equal to the reasonable expenses that would have
been required to relocate the property, as determined by the public
entity
(3) Actual and reasonable expenses in searching for a replacement
business or farm, not to exceed one thousand dollars ($1,000).
(4) Actual and reasonable expenses necessary to reestablish a
displaced farm, nonprofit organization, or small business at its new
site, but not to exceed ten thousand dollars ($10,000).
(b) Any displaced person eligible for payments under subdivision
(a) who is displaced from a dwelling and who elects to accept the
payments authorized by this subdivision in lieu of the payments
authorized by subdivision (a) shall receive a moving expense and
dislocation allowance which shall be determined according to a
schedule established by the head of the lead agency. The schedule
shall be consistent with the Residential Moving Expense and
Dislocation Allowance Payment Schedule established by Part 24 of
Title 49 of the Code of Federal Regulations.
(c) Any displaced person who moves or discontinues his or her
business or farm operation and elects to accept the payment
authorized by this subdivision in lieu of the payment authorized by
subdivision (a), shall receive a fixed relocation payment in an
amount equal to the average annual net earnings of the business or
farm operation, except that the payment shall not be less than one
thousand dollars ($1,000) nor more than twenty thousand dollars
($20,000). In the case of a business, no payment shall be made under
this subdivision, unless the public entity is satisfied that the
business cannot be relocated without substantial loss of patronage
and is not part of a commercial enterprise having at least one other
establishment not being acquired, engaged in the same or similar
business. For purposes of this subdivision, the term "average annual
net earnings" means one-half of any net earnings of the business or
ROSENOW SPEVACEK GROUP INC. PAGE 12
farm operation before federal, state, and local income taxes during
the two taxable years immediately preceding the taxable year in which
the business or farm operation moves from the real property being
acquired, or during any other period as the public entity determines
to be more equitable for establishing earnings, and includes any
compensation paid by the business or farm operation to the owner, his
or her spouse, or his or her dependents during the two-year or other
period. To be eligible for the payment authorized by this
subdivision, the business or farm operation shall make available its
state income tax records, financial statements, and accounting
records, for confidential use pursuant to an audit to determine the
payment pursuant to this subdivision. In regard to an outdoor
advertising display, payment pursuant to this subdivision shall be
limited to the amount necessary to physically move, or replace that
display. Any displaced person eligible for payments under
subdivision (a) who is displaced from the person's place of business
or farm operation and who is eligible under criteria established by
the public entity, may elect to accept a fixed payment in lieu of the
payment authorized by subdivision (a). The fixed payment shall not
be less than one thousand dollars ($1,000) nor more than twenty
thousand dollars ($20,000). A person whose sole business at the
displacement dwelling is the rental of the property to others shall
not qualify for a payment under this subdivision.
(d) Whenever the acquisition of real property used for a business
or farm operation causes the person conducting the business or farm
operation to move from other real property, or to move his or her
personal property from other real property, the person shall receive
payments for moving and related expenses under subdivision (a) or (b)
and relocation advisory assistance under Section 7261 for moving
from the other property.
(e) Whenever a public entity must pay the cost of moving a
displaced person under paragraph (1) of subdivision (a), or
subdivision (d):
(1) The costs of the move shall be exempt from regulation by the
Public Utilities Commission.
(2) The public entity may solicit competitive bids from qualified
bidders for performance of the work. Bids submitted in response to
the solicitations shall be exempt from regulation by the public
Utilities Commission.
(f) No provision of this chapter shall be construed to require a
public entity to provide any relocation assistance to a lessee if the
property acquired for a program or project is subject to a lease for
purposes of conducting farm operations and the public entity agrees
to assume all of the terms of that lease.
7262.5. Notwithstanding Section 7265.3 or any other provision of
law, tenants residing in any rental project who are displaced from
the project for a period of one year or less as part of a
rehabilitation of that project, that is funded in whole or in part by
a public entity, shall not be eligible for permanent housing
assistance benefits pursuant to Sections 7264 and 7264.5 if all of
the following criteria are satisfied:
(a) The project is a "qualified affordable housing preservation
project," which means any complex of two or more units whose owners
enter into a recorded regulatory agreement, having a term for the
useful life of the project, with any entity for the provision of
project rehabilitation financing. For this purpose, the regulatory
agreement shall require of the owner and all successors and assigns
of the owner, as long as the regulatory agreement is in effect, that
at least 49 percent of the tenants in the project have, at the time
of the recordation of the regulatory agreement, incomes not in excess
ROSENOW SPEVACEK GROUP INC. PAGE 13
of 60 percent of the area median income, adjusted by household size,
as determined by the appropriate agency of the state. In addition,
a project is a qualified affordable housing preservation project only
if the beneficiary of the regulatory agreement elects this
designation by so indicating on the regulatory agreement.
(b) The resident is offered the right to return to his or her
original unit, or a comparable unit in the same complex if his or her
original unit is not otherwise available due to the rehabilitation,
with rent for the first 12 months subsequent to that return being the
lower of the following: up to 5 percent higher than the rent at the
time of displacement; or up to 30 percent of household income.
(c) The estimated time of displacement is reasonable, and the
temporary unit is not unreasonably impacted by the effects of the
construction, taking into consideration the ages and physical
conditions of the members of the displaced household.
(d) All other financial benefits and services otherwise required
under this chapter are provided to the residents temporarily
displaced from their units, including relocation to a comparable
replacement unit. Residents shall be temporarily relocated to a unit
within the same complex, or to a unit located reasonably near the
complex if that unit is in a location generally not less desirable
than the location of the displaced person's dwelling with respect to
public utilities, services, and the displaced person's place of
employment.
7263. (a) In addition to the payments required by Section 7262, the
public entity, as a part of the cost of acquisition, shall make a
payment to the owner of real property acquired for public use which
is improved with a dwelling actually owned and occupied by the owner
as a permanent or customary and usual place of abode for not less
than 180 days prior to the initiation of negotiation for the
acquisition of that property.
(b) The payment, not to exceed twenty-two thousand five hundred
dollars ($22,500), shall be based on the following factors:
(1) The amount, if any, which, when added to the acquisition cost
of the dwelling acquired by the public entity equals the reasonable
cost of a comparable replacement dwelling.
(2) The amount, if any, which will compensate the displaced owner
for any increased interest costs which the owner is required to pay
for financing the acquisition of a comparable replacement dwelling.
The amount shall be paid only if the dwelling acquired by the
displacing agency was encumbered by a bona fide mortgage which was a
valid lien on the dwelling for not less than 180 days immediately
prior to the initiation of negotiations for the acquisition of the
dwelling. All of the mortgages on the acquired dwelling shall be
used to compute the payment. The amount shall be computed using the
lesser of the principal balance of the mortgage on the replacement
dwelling or the outstanding principal balance of the mortgage on the
acquired dwelling and the lesser of the remaining term on the
acquired dwelling or the actual term of the new mortgage. The
present value of the increased interest costs shall be computed based
on the lesser of the prevailing interest rate or the actual interest
rate on the replacement property. The amount shall also include
other reasonable debt service costs incurred by the displaced owner.
For the purposes of this subdivision, if the replacement dwelling
_s a mobilehome, the term "mortgage," as defined in subdivision (h)
of Section 7260, shall include those liens as are commonly given to
secure advances on, or the unpaid purchase price of, mob'_lehomes,
together with the credit instruments, if any, secured thereby.
(3) Reasonable expenses incurred by the displaced owner for
ROSENOW SPEVACEK GROUP INC. PAGE 14
evidence of title, recording fees, and other closing costs incident
to the purchase of the replacement dwelling, but not including
prepaid expenses.
(c) The additional payment authorized by this section shall be
made only to a displaced owner who purchases and occupies a decent,
safe, and sanitary replacement dwelling within one year from the
later of the following:
(1) The date the displaced person receives final payment for the
displacement dwelling, or in the case of condemnation, the date the
full amount of estimated just compensation is deposited in court.
(2) The date the displacing agency fulfulls its obligation to make
available at least one comparable replacement dwelling to the
displaced person.
However, the displacing agency may extend the period for good
cause. Also, the displaced owner and the public entity may agree in
writing that the displaced owner may remain in occupancy of the
acquired dwelling as a tenant of the public entity on the conditions
that the displaced owner shall only be entitled to the payment
authorized by this section on the date on which the owner moves from
the acquired dwelling and that the payment shall be in an amount
equal to that to which the owner would have been entitled if the
owner had purchased and occupied a replacement dwelling one year
subsequent to the date on which final payment was received for the
acquired dwelling from the public entity.
(d) In implementing this chapter, it is the intent of the
Legislature that special consideration be given to the financing and
location of a comparable replacement dwelling for displaced persons
62 years of age or older.
7263.5. For purposes of Section 7263, the leasing of a condominium
for a 99-year period, or for a term which exceeds the life expectancy
of the displaced person as determined from the most recent life
tables in Vital Statistics of the United States, as published by the
Public Health Service of the Department of Health, Education, and
Welfare, shall be deemed a purchase of the condominium.
7264. (a) In addition to the payments required by Section 7262, as
a part of the cost of acquisition, the public entity shall make a
payment to any displaced person displaced from any dwelling not
eligible to receive a payment under Section 7263 which was actually
and lawfully occupied by the person as a permanent or customary and
usual place of abode for not less than 90 days prior to the
initiation of negotiation by the public entity for the acquisition of
the dwelling, or in any case in which displacement is not a direct
result of acquisition, or any other event which the public entity
shall prescribe.
(b) The payment, not to exceed five thousand two hundred fifty
dollars ($5,250), shall be the additional amount which is necessary
to enable the person to lease or rent a comparable replacement
dwelling for a period not to exceed 42 months, unless the displaced
person meets one or more of the conditions set forth in paragraph (3)
of subdivision (i) of Section 7260, in which case the payment, which
shall not exceed five thousand two hundred fifty dollars ($5,250),
shall be the additional amount which is necessary to enable the
person to lease or rent a comparable replacement dwelling for a
period not to exceed 48 months. However, publicly funded
transportation projects shall make payments enabling the person to
lease or rent a comparable replacement dwelling for a period not to
exceed 42 months, including compensation for utilities, as provided
in subdivision (b) of Section 24.402 of Part 24 of Title 49 of the
Code of Federal Regulations. Payments up to the maximum of five
ROSENOW SPEVACEK GROUP INC. PAGE 15
thousand two hundred fifty dollars ($5,250) shall be made in a lump
sum. Should an agency pay pursuant to Section 7264.5 an amount
exceeding the maximum amount, payment may be made periodically.
Computation of a payment under this subdivision to a low-income
displaced person for a comparable replacement dwelling shall take
into account the person's income.
(c) Any person eligible for a payment under subdivision (a) may
elect to apply the payment to a downpayment on, and other incidental
expenses pursuant to, the purchase of a decent, safe, and sanitary
replacement dwelling. The person may, at the discretion of the
public entity, be eligible under this subdivision for the maximum
payment allowed under subdivision (b), except that, in the case of a
displaced homeowner who has owned and occupied the displacement
dwelling for at least 90 days but not more than 180 days immediately
prior to the initiation of negotiations for the acquisition of the
dwelling, the payment shall not exceed the payment which the person
would otherwise have received under subdivision (b) of Section 7263
had the person owned and occupied the displacement dwelling 180 days
immediately prior to the initiation of the negotiations.
(d) In implementing this chapter, it is the :intent of the
Legislature that special consideration shall be given to assisting
any displaced person 62 years of age or older to locate or lease or
rent a comparable replacement dwelling.
7264.5. (a) If a program or project undertaken by the public entity
cannot proceed on a timely basis because comparable replacement
housing is not available and the public entity determines that
comparable replacement housing cannot otherwise be made available,
the public entity shall take any action necessary or appropriate to
provide the dwellings by use of funds authorized for the project.
This section shall be construed to authorize the public entity to
exceed the maximum amounts which may be paid under Sections 7263 and
7264 on a case -by -case basis for good cause as determined in
accordance with rules and regulations adopted by the public entity.
Where a displacing agency is undertaking a project with funds
administered by a state agency or board, and where the displacing
agency has adopted rules and regulations in accordance with Section
7267.6 for the implementation of this chapter, the determination of
payments to be made pursuant to this subdivision shall be pursuant to
those rules and regulations.
(b) No person shall be required to move from his or her dwelling
because of its acquisition by a public entity, unless comparable
replacement housing is available to the person.
(c) For purposes of determining the applicability of subdivision
(a), the public entity is hereby designated as a duly authorized
administrative body of the state for the purposes of subdivision (c)
of Section 408 of the Revenue and Taxation Code.
(d) Subdivision (b) shall not apply to a displaced owner who
agrees in writing with the public entity to remain in occupancy of
the acquired dwelling as provided in subdivision (c) of Section 7263.
7265. (a) In addition to the payments required by Section 7262, as
a cost of acquisition, the public entity shall make a payment to any
affected property owner meeting the requirements of this section.
(b) The affected property shall be immediately contiguous to
property acquired for airport purposes and the owner shall have owned
the property affected by acquisition by the public entity not less
than 180 days prior to the :initiation of negotiation for acquisition
of the acquired property.
(c) The payment, not to exceed twenty-two thousand five hundred
dollars ($22,500), shall be the amount, if any, which equals the
ROSENOW SPEVACEK GROUP INC. PAGE 16
actual decline in the fair market value of the property cf the
affected property owner caused by the acquisition by the public
entity for airport purposes of ether real property and a change in
the use of the property.
(d) The amount, if any, of actual decline in fair market value of
affected property shall be determined according to rules and
regulations adopted by the public entity pursuant to this chapter.
The rules and regulations shall limit payment under this section only
to those circumstances in which the decline in fair market value of
affected property is reasonably related to objective physical change
in the use of acquired property.
7265.3. (a) A public entity may make payments in the amounts it
deems appropriate, and may provide advisory assistance under this
chapter, to a person who moves from a dwelling, or who moves or
discontinues his business, as a result of impending rehabilitation or
demolition of a residential or commercial structure, or enforcement
of building, housing, or health cedes by a public entity, or because
cf systematic enforcement pursuant to Section 37924.5 cf the Health
and Safety Code, cr who moves from a dwelling or who moves or
discontinues a business as a result cf a rehabilitation or demolition
program cr enforcement of building cedes by the public entity, or
because of increased rents to result from such rehabilitation or code
enforcement. Payments prescribed by subdivision (b) of Section 7264
may also be made to persons who remain in a dwelling during
rehabilitation. Payments authorized by this section and made
pursuant to subdivision (b) of Section 7264 may, at the option of the
public entity, be computed and reviewed annually based on actual
rental increases, and may be paid monthly or annually. A public
entity may also give priority to a person who moves from a dwelling,
or who remains in a dwelling during rehabilitation, in utilization of
local, state, or federal rental assistance programs, either to
enable the person to pay increased rents or to move to other suitable
housing.
A public entity assisting in the financing of rehabilitation may
provide some or all of the payments authorized by this section as
part of the loan for rehabilitation costs, provided that the public
entity makes payments directly to the person who moves or who remains
in the dwelling during rehabilitation.
(b) A public entity shall make payments in the amounts prescribed
by this chapter, and shall provide advisory assistance under this
chapter, to persons and families of low or moderate income, as
defined in Section 50093 of the Health and Safety Code, whose rent,
within one year after the rehabilitation of their dwelling is
completed, is increased to an amount exceeding 25 percent of their
gross income, or who move from their dwelling, as the result of a
rehabilitation program in which the rehabilitation work is wholly or
partially financed or assisted with public funds provided by or
through the public entity.
(c) A public entity shall provide temporary housing for up to 90
days to persons displaced by rehabilitation work which is wholly or
partially financed cr assisted with public funds provided by or
through the public entity.
(d) A person displaced by rehabilitation work which is wholly or
partially financed or assisted with public funds provided by or
through the public entity shall, as a condition cf the financing or
assistance, be given the option cf relocating, after rehabilitation,
in the dwelling from which the person was displaced.
(e) A public entity may limit the amounts of payments made
pursuant to subdivision (b), otherwise calculated pursuant to
subdivision (b) of Section 7264, to the lesser cf: (i) the
ROSENOW SPEVACEK GROUP INC. PAGE 17
difference between the increased rent and 25 percent of gross income;
or (ii) the difference between the increased rent and the rent
immediately before the rehabilitation which was greater than 25
percent of gross income.
(f) The payments and advisory assistance as required in this
section shall be mandatory only if federal or state funds are
available. However, nothing shall preclude the public entity from
using local funds.
7265.4. In addition to the payments required by Section 7262, as a
cost of acquisition, the public entity, as soon as practicable after
the date of payment of the purchase price or the date of deposit in
court of funds to satisfy the award of compensation in a condemnation
proceeding to acquire real property, whichever is the earlier, shall
reimburse the owner, to the extent the public entity deems fair and
reasonable, for expenses the owner necessarily incurred for recording
fees, transfer taxes, and similar expenses incidental to conveying
such real property to the public entity.
7266. (a) If a relocation appeals board has been established
pursuant to Section 33417.5 of the Health and Safety Code, a city by
ordinance may designate the board to hear appeals from all public
entities, except those state agencies which have an appeal process,
on the eligibility for, or the amount of, a payment authorized by
this chapter.
(b) Any person aggrieved by a determination as to eligibility for,
or the amount of, a payment authorized by this chapter may have the
application reviewed by the public entity or by the relocation
appeals board if authorized under subdivision (a). The review of a
determination by a community redevelopment agency may only be made by
a relocation appeals board established pursuant to Section 33417.5
of the Health and Safety Code.
7267. In order to encourage and expedite the acquisition of real
property by agreements with owners, to avoid litigation and relieve
congestion in the courts, to assure consistent treatment for owners
in the public programs, and to promote public confidence in public
land acquisition practices, public entities shall, to the greatest
extent practicable, be guided by the provisions of Sections 7267.1 to
7267.7, inclusive, except that the provisions of subdivision (b) of
Section 7267.1 and Section 7267.2 shall not apply to the acquisition
of any easement, right-of-way, covenant, or other nonpossessory
interest in real property to be acquired for the construction,
reconstruction, alteration, enlargement, maintenance, renewal,
repair, or replacement of subsurface sewers, waterlines or
appurtenances, drains, septic tanks, or storm water drains.
7267.1. (a) The public entity shall make every reasonable effort to
acquire expeditiously real property by negotiation.
(b) Real property shall be appraised before the initiation of
negotiations, and the owner, or the owner's designated
representative, shall be given an opportunity to accompany the
appraiser during his or her inspection of the property. However, the
public entity may prescribe a procedure to waive the appraisal in
cases involving the acquisition by sale or donation of property with
a low fair market value.
7267.2. (a) (1) Prior to adopting a resolution of necessity
pursuant to Section 1245.230 of the Code of Civil Procedure and
initiating negotiations for the acquisition of real property, the
public entity shall establish an amount that it believes to be just
ROSENOW SPEVACEK GROUP INC. PAGE 18
compensation therefor, and shall make an offer to the owner or owners
of record to acquire the property for the full amount so
established, unless the owner cannot be located with reasonable
diligence. The offer may be conditioned upon the legislative body's
ratification of the offer by execution of a contract of acquisition
or adoption of a resolution of necessity or both. The amount shall
not be less than the public entity's approved appraisal of the fair
market value of the property. A decrease or increase in the fair
market value of real property to be acquired prior to the date of
valuation caused by the public improvement for which the property is
acquired, or by the likelihood that the property would be acquired
for the improvement, other than that due to physical deterioration
within the reasonable control of the owner or occupant, shall be
disregarded in determining the compensation for the property.
(2) At the time of making the offer described in paragraph (1),
the public entity shall provide the property owner with an
informational pamphlet detailing the process of eminent domain and
the property owner's rights under the Eminent Domain Law.
(b) The public entity shall provide the owner of real property to
be acquired with a written statement of, and summary of the basis
for, the amount it established as just compensation. The written
statement and summary shall contain detail sufficient to indicate
clearly the basis for the offer, including, but not limited to, all
of the following information:
(1) The date of valuation, highest and best use, and applicable
zoning of property.
(2) The principal transactions, reproduction or replacement cost
analysis, or capitalization analysis, supporting the determination of
value.
(3) If appropriate, the just compensation for the real property
acquired and for damages to remaining real property shall be
separately stated and shall include the calculations and narrative
explanation supporting the compensation, including any offsetting
benefits.
(c) Where the property involved is owner -occupied residential
property and contains no more than four residential units, the
homeowner shall, upon request, be allowed to review a copy of the
appraisal upon which the offer is based. The public entity may, but
is not required to, satisfy the written statement, summary, and
review requirements of this section by providing the owner a copy of
the appraisal on which the offer is based.
(d) Notwithstanding subdivision (a), a public entity may make an
offer to the owner or owners of record to acquire real property for
less than an amount that it believes to be just compensation therefor
if (1) the real property is offered for sale by the owner at a
specified price less than the amount the public entity believes to be
just compensation therefor, (2) the public entity offers a price
that is equal to the specified price for which the property is being
offered by the landowner, and (3) no federal funds are involved in
the acquisition, construction, or project development.
(e) As used in subdivision (d), "offered for sale" means any of
the following:
(1) Directly offered by the landowner to the public entity for a
specified price in advance of negotiations by the public entity.
(2) Offered for sale to the general public at an advertised or
published specified price, set no more than six months prior to, and
still available at, the time the public entity initiates contact with
the landowner regarding the public entity's possible acquisition of
the property.
7267.3. The construction or development of a public improvement
ROSENOW SPEVACEK GROUP INC. PAGE 19
shall be so scheduled that, to the greatest extent practicable, no
person lawfully occupying real property shall be required to move
from a dwelling, assuming a replacement dwelling will be available,
or to move his business or farm operation, without at least 90 days'
written notice from the public entity of the date by which such move
is required.
7267.4. If the public entity permits an owner or tenant to occupy
the real property acquired on a rental basis for a short term, or for
a period subject to termination by the public entity on short
notice, the amount of rent required shall not exceed the fair rental
value of the property to a short-term occupier.
7267.5. In no event shall the public entity either advance the time
of condemnation, or defer negotiations or condemnation and the
deposit of funds in court for the use of the owner, or take any other
action coercive in nature, in order to compel an agreement on the
price to be paid for the property.
7267.6. If any interest in real property is to be acquired by
exercise of the power of eminent domain, the public entity shall
institute formal condemnation proceedings. No public entity shall
intentionally make it necessary for an owner to institute legal
proceedings to prove the fact of the taking of his real property.
7267.7. (a) If the acquisition of only a portion of a property
would leave the remaining portion in such a shape or condition as to
constitute an uneconomic remnant, the public entity shall offer to
acquire the entire property if the owner so desires.
(b) A person whose real property is being acquired in accordance
with this chapter may, after the person has been fully informed of
his or her right to receive just compensation for the property,
donate the property, any part thereof, any interest therein, or any
compensation paid therefor to a public entity determined by the
person.
7267.6. (a) A11 public entities shall adopt rules and regulations
to implement payments and to administer relocation assistance under
this chapter. These rules and regulations shall be in accordance with
the rules and regulations adopted by the Department of Housing and
Community Development.
(b) Notwithstanding subdivision (a), with respect to a federally
funded project, a public entity shall make relocation assistance
payments and provide relocation advisory assistance as required under
federal law.
7267.9. (a) Prior to the initiation of negotiations for acquisition
by a public entity or public utility of nonprofit, special use
property, as defined by Section 1235.155 of the Code of Civil
Procedure, the acquiring public entity or public utility shall make
every reasonable effort to seek alternative property which is other
than nonprofit, special use property. However, this requirement
shall not apply to properties acquired by public entities for
transportation purposes, including, but not limited to, the
construction, expansion, or improvement of streets, highways, or
railways.
(b) This section does not apply to actions or proceedings
commenced by a public entity or public utility to acquire real
property or any interest in real property for the use of water,
sewer, electricity, telephone, natural gas, or flood control
facilities or rights -of -way where those acquisitions neither require
ROSENOW SPEVACEK GROUP INC. PAGE 20
removal or destruction of existing improvements, nor render the
property unfit for the owner's present or proposed use.
7269. (a) No payment received by any person under this chapter or
as tenant relocation assistance required by any state statute or
local ordinance shall be considered as income for the purposes of the
Personal Income Tax Law, Part 10 (commencing with Section 17001) of
Division 2 of the Revenue and Taxation Code, or the Bank and
Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code.
(b) No payment received by any person under this chapter shall be
considered as income or resources to any recipient of public
assistance and such payments shall not be deducted from the amount of
aid to which the recipient would otherwise be entitled under any
other provisions of law.
7269.1. Where a recipient of relocation benefits payments under
federal or state law is also a general assistance recipient under
Part 5 (commencing with Section 17000) of Division 9 of the Welfare
and Institutions Code and two or more rent schedules apply to the
recipient, the highest shall prevail and any excess amount over lower
rent schedule shall not be counted as income or resources for
general assistance purposes under Part 5 (commencing with Section
17000) of Division 9 of the Welfare and Institutions Code.
7270. Nothing contained in this chapter shall be construed as
creating in any condemnation proceedings brought under the power of
eminent domain any element of damages not in existence on the date of
enactment of this chapter.
7271. If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, such invalidity shall
not affect other provisions or applications of this chapter which
can be given effect without the invalid provision or application, and
to this end the provisions of this chapter are severable.
7272. If under any other provision of law of this state the owner
or occupant of real property acquired by a public entity for public
use is given greater protection than is provided by Sections 7265.3
to 7267.8, inclusive, the public entity shall also comply with such
other provision of law.
7272.3. It is the intent of the Legislature, by this chapter, to
establish minimum requirements for relocation assistance payments by
public entities. This chapter shall not be construed to limit any
other authority which a public entity may have to make other
relocation assistance payments, or to make any relocation assistance
payment in an amount which exceeds the maximum amount for such
payment authorized by this chapter.
Any public entity may, also, make any other relocation assistance
payment, or may make any relocation assistance payment in an amount
which exceeds the maximum amount for such payment authorized by this
chapter, if the making of such payment, or the payment in such
amount, is required under federal law to secure federal funds.
7272.5. Nothing contained in this article shall be construed as
creating in any condemnation proceeding brought under the power of
eminent domain, any element of damages not in existence on the date
the public entity commences to make payments under the provisions of
this article as amended by the act which enacted this section at the
1971 Regular Session of the Legislature.
ROSENOW SPEVACEK GROUP INC. PAGE 21
7273. Funds received pursuant to Sections 2106 and 2107 of the
Streets and Highways Code may be expended by any city to provide
relocation advisory assistance, and to make relocation assistance
payments, to displaced persons displaced because of the construction
of city highways or streets.
7274. Sections 7267 to 7267.7, inclusive, create no rights or
liabilities and shall not affect the validity of any property
acquisitions by purchase or condemnation.
7275. Whenever any public entity acquires real property by eminent
domain, purchase, or exchange, the purchase price and other
consideration paid by such entity is public information and shall be
made available upon request from the entity concerned.
7276. (a) I2 a resolution is adopted under Section 1245.330 of the
Code of Civil Procedure consenting to the acquisition of property by
eminent domain and the person authorized by the resolution to acquire
the property by eminent domain acquires the property by purchase,
eminent domain, cr otherwise, that person shall provide relocation
advisory assistance and shall make any of the payments required to be
made by public entities pursuant to the provisions of this chapter
in conformity with this chapter and the guidelines adopted by the
Commission of Housing and Community Development pursuant to Section
7268.
(b) This section does not apply to public utilities which are
subject to the provisions of Article 6 (commencing with Section 600)
of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code or
to public entities which are subject to this chapter.
7277. (a) The requirement to provide relocation assistance and
benefits imposed by this chapter shall not apply to a purchase of
property which is offered for sale by the owner, property being sold
at execution cr foreclosure sale, or property being sold pursuant to
court order or under court supervision if the property in any of the
foregoing situations is either occupied by the owner or is
unoccupied, and if the offer for sale is not induced by public entity
disposition, planned condemnation, or redevelopment of surrounding
lands, and if the sales price is fair market value or less, as
determined by a qualified appraiser, and if no federal funds are
involved in the acquisition, construction, cr project development.
"Offered for sale" means either advertised for sale in a publication
of general circulation published at least once a week or listed with
a licensed real estate broker and published in a multiple listing,
pursuant to Section 1087 of the Civil Code.
(b) At the time of making an offer to acquire property under
subdivision (a), public entities shall notify the property owner in
writing, of the following:
(1) The public entity's plans for developing the property to be
acquired or the surrounding property.
(2) Any relocation assistance and benefits provided pursuant to
state law which the property owner may be forgoing.
ROSENOW SPEVACEK GROUP INC. PAGE 22