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Current Council Agenda and Past Meeting Information

 

COUNCIL AND REDEVELOPMENT AGENCY AGENDA ITEM NO. 16

Meeting Date: September 25, 2007

Subject/Title: 1) Council - Adopt a resolution to approve the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court, and

2) Agency - Adopt a resolution to approve the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court and to authorize and direct the Executive Director or her designee to execute relocation and compensation agreements related to the implementation and distribution of services and benefits to carry out the policies and programs of the approved Statement.

Prepared by: Donald Kwong, Senior Redevelopment Analyst

Submitted by: Howard Sword, Deputy Director

RECOMMENDATION
1) Council - Adopt a resolution to approve the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court, and

2) Agency - Adopt a resolution to approve the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court and to authorize and direct the Executive Director or her designee to execute relocation and compensation agreements related to the implementation and distribution of services and benefits to carry out the policies and programs of the approved Statement.

PREVIOUS ACTION
On June 12, 2007, the Redevelopment Agency approved a purchase and sale agreement for real property identified as 200 Sunset Court, APN 016-010-016.

BACKGROUND
This is one of two items on tonight’s agenda to proceed with the relocation of tenants at 200 Sunset Court per the terms and conditions of the Purchase Agreement between the owner and the Agency. The Agency must adopt a replacement housing plan and both the City and Agency must adopt a relocation impact statement. This staff report addresses the Relocation Impact Statement.

The property located at 200 Sunset Court has six housing units and is adjacent to a vacant Agency-owned parcel located at 1909 Jane Street. 200 Sunset Court has deteriorated and defective buildings, an inadequate water supply from a well system delivered from a separate parcel, and excessive building code violations causing physical and economic blight conditions.

This property is located within the North Brentwood Redevelopment Project Area and the Brentwood Boulevard Specific Plan and has a proposed land use of residential, with 12 to 15 dwelling units per acre.

The terms and conditions of the purchase and sale agreement provide for the parties to close escrow on or before December 31, 2007, contingent on completing relocation activities by the Agency which includes the preparation of a relocation plan.

Of the six housing units, only three are occupied. The three existing households will be permanently displaced by the Agency’s intention to demolish the unsafe and deteriorated housing units after close of escrow. As a result of this displacement, the Agency has prepared the Final Relocation Impact Statement and Last Resort Housing Plan (“Statement”) to administer the relocation activities. The Statement must provide an assessment of the needs of the tenants, identify available replacement housing within the community, and describe the relocation assistance available to the tenants. The Statement further sets forth the policies and procedures necessary to conform with the statutes and regulations established by the California Relocation Assistance Law, California Government Code Section 7260 et seq, and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, Chapter 6, Section 6000 et seq. No displacement activities will take place prior to the required reviews and approval of this Statement.
Three households will need to relocate permanently to replacement housing in the greater Brentwood area. The Statement addresses the specific replacement housing needs of the three households. The housing research conducted for this Statement has demonstrated that there are adequate available rental units in Brentwood to accommodate the needs of the three households. The Agency will need to provide advisory and monetary assistance to allow these three households to secure and move to comparable replacement residential dwelling.
Relocation of tenants are exempt from CEQA under CEQA Guidelines Section 15061(b)(3).

Public Comments
Per the statutes and regulations governing relocation activities, the Draft Statement was provided to the owner of and current residents at 200 Sunset Court and was made available to the general public for review at City Hall and Community Development offices for the required 30-day period. The Public Notice was published twice in the Brentwood Press on August 24 and 31, 2007; the comment period closed on September 21, 2007.

The only public comments received were submitted by Mr. and Mrs. Nielsen, the current owners of the Property, a copy is attached as Exhibit B. The Nielsen’s did not submit recommended revisions to the Statement, rather they made comment as to the history of the Property and thanked the Redevelopment Agency for assisting the tenants with finding decent, safe and sanitary replacement housing.

The Redevelopment Project Area Committee (PAC) reviewed the Statement at its meeting of August 28, 2007. As provided in their bylaws, the PAC shall advise the Agency on “matters which deal with the planning and provision of residential facilities or replacement housing for those to be displaced by Agency activities”. The PAC made no recommended revisions to the Statement, and opined that the Statement was thorough, informative and met the requirements of the governing statutes and regulations.

However, the PAC members requested that their disagreement regarding the condition which requires the Agency to relocate the tenants prior to closing escrow be disclosed to the Agency. The PAC were advised that the terms and conditions of the purchase agreement for 200 Sunset Court approved by the Agency on June 12, 2007, were not on their agenda for discussion nor were within the PAC’s authorized role established by their bylaws. Their disagreement was based on the PAC’s perceived possibility of the escrow not closing after the Agency provides relocation benefit payments to the tenants, and “from a business stand point” such a condition could leave the Agency vulnerable to a situation where it would expend funds for relocation but not receive title to the Property. Relocation is being required prior to close of escrow in order to limit potential liability to the City and Agency arising from tenants living in substandard housing.

Staff conducted a legal review of the Eviction Policy and subsequently amended the policy to ensure that it clarifies that evicted tenants will not be entitled to relocation benefits.

Recommendation
Staff recommends the Brentwood Redevelopment Agency adopt a resolution to adopt the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court, and authorize the Redevelopment Agency’s Executive Director or her designee to execute the necessary relocation and compensation agreements related to the implementation and distribution of services and benefits to carry out the policies and programs of the approved Statement.

Staff recommends the City Council adopt a resolution adopting the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court.


FISCAL IMPACT
The estimated costs for relocation activities and benefits are estimated at $200,000, which includes state-mandated relocation benefits for existing tenants, the cost to prepare the Final Relocation Impact Statement and Last Resort Housing Plan, and the services of a professional relocation firm. Sufficient funds are included in the Fiscal Year 2007-2008 budget from the Redevelopment Agency’s Low/Moderate Housing Fund 302. No City General funds will be used for relocation activities.

Attachments:
1. Resolutions
2. Final Relocation Impact Statement and Last Resort Housing Plan (Exhibit A)
3. Comments (Exhibit B)

AGENCY RESOLUTION NO.

A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD ADOPTING A FINAL RELOCATION IMPACT STATEMENT AND LAST RESORT HOUSING PLAN FOR 200 SUNSET COURT AND AUTHORIZING THE EXECUTIVE DIRECTOR OR HER DESIGNEE TO EXECUTE RELOCATION AND COMPENSATION AGREEMENTS RELATED TO THE IMPLEMENTATION AND DISTRIBUTION OF SERVICES AND BENEFITS TO CARRY OUT THE POLICIES AND PROGRAMS OF THE APPROVED STATEMENT

WHEREAS, Section 33411 of the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) requires that an agency prepare a feasible method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the project area; and

WHEREAS, Section 6038 of the Relocation Assistance and Real Property Acquisition Guidelines (California Code of Regulations §6000, et seq.) (the “State Relocation Guidelines”) and the relocation guidelines adopted by the Redevelopment Agency of the City of Brentwood (the “Agency”), by Resolution 91-7 on April 23, 1991, pursuant to the State Relocation Guidelines (the “Agency Relocation Guidelines”), also require that a public entity prepare a relocation study for all persons to be displaced, as a result of a project carried out by a public entity; and

WHEREAS, the Brentwood Redevelopment Agency (the “Agency”) entered into a Purchase and Sales Agreement on June 12, 2007, with William M. Nielsen and Marsha G. Nielsen for the purchase of 200 Sunset Court, pursuant to which the Agency, prior to conveyance of the Property, shall pursue preparation of a relocation plan and completion of relocation activities; and

WHEREAS, the acquisition of 200 Sunset Court will result in the displacement of families and persons; and

WHEREAS, pursuant to the State Relocation Guidelines and California Relocation Assistance Law (California Government Code Section 7260 et seq.) (the “State Relocation Law”), the Agency must adopt a Final Relocation Impact Statement and Last Resort Housing Plan for all persons to be displaced as a result of the purchase of 200 Sunset Court; and

WHEREAS, pursuant Section 6038(e)(1) & (2) of the State Relocation Guidelines and Section 33411 of Community Redevelopment Law, the Draft Relocation Impact Statement and Last Resort Housing Plan was prepared and provided to the current residents at 200 Sunset Court and was made available by Public Notice for review at City offices for the required 30-day period.

NOW, THEREFORE BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD HEREBY FINDS AS FOLLOWS:

1. That the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court (“Statement”) provides for fair and reasonable relocation payments to eligible persons, as required by the State Relocation Guidelines, State Relocation Law and Agency Relocation Guidelines (collectively hereinafter referred to as the “Relocation Guidelines”).

2. That the Statement includes a relocation assistance program offering the policies, program and services described in the Relocation Guidelines.

3. That the Statement assures that eligible persons will be adequately informed of the assistance, benefits, policies, practices and procedures, including grievance procedures, provided for in the Relocation Guidelines.

4. That based upon a recent survey and analysis of both the needs of persons who will be displaced and available replacement housing sites, and considering competing demands for that housing, comparable replacement sites will be available, within a reasonable period of time prior to displacement sufficient in number, size and cost for the eligible persons who require them.

5. That in accordance 33411.1 of Community Redevelopment Law, there are suitable housing units available and ready for occupancy at comparable rents suitable to the needs of displaced persons. Said units are decent, safe, sanitary and otherwise standard dwellings.

6. That the Statement contains adequate provisions to assure 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.

7. That the Statement meets the requirements of the Relocation Guidelines.

8. That the Statement is consistent with the Housing Element of the General Plan.

BE IT FURTHER RESOLVED, that the Brentwood Redevelopment Agency hereby adopts the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court, and authorizes and directs the Executive Director or her designee, to execute relocation and compensation agreements related to the implementation and distribution of services and benefits to carry out the policies and programs of the approved Statement, and is authorized to approve payments in excess of $50,000.

BE IT FURTHER RESOLVED, that the Secretary of the Agency is hereby directed to transmit the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court to the City Council of the City of Brentwood for approval.

PASSED, APPROVED AND ADOPTED by the Redevelopment Agency of the City of Brentwood at a regular meeting held on the 25th day of September 2007 by the following vote:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE FINAL RELOCATION IMPACT STATEMENT AND LAST RESORT HOUSING PLAN FOR 200 SUNSET COURT

WHEREAS, on April 23, 1991, by Resolution 91-7, the Redevelopment Agency of the City of Brentwood (the “Agency”) adopted the California Relocation Assistance and Real Property Acquisition Guidelines (California Code of Regulations §6000, et seq.) (the “State Relocation Guidelines”) as its relocation guidelines (the “Agency Relocation Guidelines”), which requires that a public entity prepare a relocation study for all persons to be displaced, as a result of a project carried out by a public entity; and

WHEREAS, on June 12, 2007, the Redevelopment Agency of the City of Brentwood (the “Agency”) entered into a Sales and Purchase Agreement with William M. Nielsen and Marsha G. Nielsen, for the purchase of 200 Sunset Court pursuant to which the Agency, prior to conveyance of the Property, shall pursue preparation of a relocation plan and completion of relocation activities; and; and

WHEREAS, the 200 Sunset Court acquisition would result in the displacement of families and persons; and

WHEREAS, pursuant to 33411.1 of Community Redevelopment Law, there are suitable housing units available and ready for occupancy at comparable rents suitable to the needs of displaced persons. Said units are decent, safe, sanitary and otherwise standard dwellings; and

WHEREAS, pursuant to the Agency Relocation Guidelines, Section 6038 of the State Relocation Guidelines and California Relocation Assistance Law (California Government Code Section 7260 et seq.) (the “State Relocation Law”) and Section 33411 of Community Redevelopment Law, the Agency adopted a Final Relocation Impact Statement and Last Resort Housing Plan for all persons to be displaced as a result of the purchase of 200 Sunset Court; and

WHEREAS, the Agency has submitted the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court to the City of Brentwood for approval.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood hereby approves the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 25th day of September 2007 by the following vote:
 

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