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2017 03 22 HC SpecialHOUSING COMMISSION AGENDA 1 MARCH 22, 2017 SPECIAL MEETING HOUSING COMMISSION AGENDA CITY HALL STUDY SESSION ROOM 78-495 Calle Tampico, La Quinta SPECIAL MEETING WEDNESDAY, March 22, 2017 AT 6:00 P.M. CALL TO ORDER 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE PUBLIC COMMENT PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the Housing Commission on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The Housing Commission values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA APPROVAL OF MINUTES 1. APPROVE MINUTES OF FEBRUARY 15, 2017 BUSINESS SESSION 1. REVIEW WASHINGTON STREET APARTMENTS’ DRAFT RELOCATION PLAN HC agendas and staff reports are now available on the City’s web page: www.la-quinta.org HOUSING COMMISSION AGENDA 2 MARCH 22, 2017 SPECIAL MEETING STUDY SESSION 1. OVERVIEW OF AFFORDABLE HOUSING PROJECTS DEPARTMENT REPORTS 1. VERBAL REPORT FROM CITY ATTORNEY ON JOINT COUNCIL/ COMMISSION MEETING REPORTS AND INFORMATIONAL ITEMS COMMISSIONER ITEMS DIRECTOR ITEMS ADJOURNMENT The next regular meeting of the La Quinta Housing Commission will be held on April 12, 2017, commencing at 6:00 p.m. at the La Quinta Study Session Room, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Gilbert Villalpando, Housing Coordinator, of the City of La Quinta, do hereby declare that the foregoing Agenda for the Housing Commission meeting was posted on the City’s website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on March 17, 2017. DATED: MARCH 17, 2017 Gilbert C. Villalpando, Housing Coordinator City of La Quinta, California PUBLIC NOTICES HOUSING COMMISSION AGENDA 3 MARCH 22, 2017 SPECIAL MEETING The La Quinta City Study Session Room is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Commission, arrangements should be made in advance by contacting the City Clerk’s office at 777-7103. A one (1) week notice is required. If background material is to be presented to the Commission during a Housing Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Secretary for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at The Hub counter at City Hall located at 78- 495 Calle Tampico, La Quinta, California, 92253, during normal business hours. HOUSING COMMISSION MINUTES 1 FEBRUARY 15, 2017 MINUTES HOUSING COMMISSION MEETING TUESDAY, FEBRUARY 15, 2017 A special meeting of the Housing Commission was called to order at 6:00 p.m. by Chairperson Rogers. PRESENT: Commission Members Johnson, Long and Chair Rogers ABSENT: None ALSO PRESENT: Gil Villalpando, Pamela Nieto, John McMillen PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES Motion – A motion was made and seconded by Commissioners Johnson/Long to approve the Housing Commission Minutes of February 1, 2017, as corrected. Motion passed unanimously. BUSINESS SESSION 1. REVIEW WASHINGTON STREET APARTMENTS DRAFT RELOCATION PLAN Commissioner Johnson stated that the storage space may become a problem. He suggested that a voluntary mediation unit be in place to try and resolve issues prior to having to go to the City Manager. Chairperson Rogers suggested that a mechanism be put in place where the tenants are always being asked, what their issues are, what they like and don’t like throughout the entire process and after it is completed. HOUSING COMMISSION MINUTES 2 FEBRUARY 15, 2017 Housing Coordinator Villalpando stated that this mechanism plan already exists outside of the Relocation Plan. They are in the WSA every Wednesday for two hours where anyone can come in and talk, ask questions or address concerns. Housing Commissioners offered the following two recommendations to take to the Housing Authority on the Relocation Plan: 1. Establish a verified mechanism for tenants to address their concerns. Motion – A motion was made and seconded by Commissioners Rogers/Johnson to accept recommendation No. 1. Motion passed unanimously 2. Ensure that all new construction utilizes the most energy efficient methods for conserving energy and water. Motion – A motion was made and seconded by Commissioners Johnson/Long to accept recommendation No. 2. Motion passed unanimously REPORTS AND INFORMATIONAL ITEMS - Omitted COMMISSIONER ITEMS Motion – A motion was made and seconded by Commissioners Rogers/Long that except in cases of emergency, any information that requires the Housing Commission to review and make recommendations to the Housing Authority must be sent to the Housing Commissioners at least two weeks prior to their scheduled meeting. Should the Housing Authority have an agenda item after the two week period the Housing Commission would accept it. Motion passed unanimously DIRECTOR ITEMS Omitted ADJOURNMENT A motion was made and seconded by Commission Members Long/Johnson to adjourn at 7:38 p.m. This motion was made prior to completion of the Agenda. Motion passed unanimously. Respectfully submitted, Pam Nieto, Deputy City Clerk City of La Quinta HOUSING COMMISION MEETING: March 22, 2017 STAFF REPORT AGENDA TITLE: REVIEW WASHINGTON STREET APARTMENTS DRAFT RELOCATION PLAN RECOMMENDATION Recommend draft Relocation Plan for the Washington Street Apartments to Housing Authority. EXECUTIVE SUMMARY  The Housing Authority is planning for the construction and rehabilitation of Washington Street Apartments.  A draft Relocation Plan (“Plan”) was provided to Washington Street Apartments residents and the general public for a mandatory thirty (30) day review period.  Recommendations from the Commission, tenants, and general public include: add a mediation process as part of the grievance procedure, create a process where tenants are always asked about their concerns and issues throughout the process until completed, extra recycling/ dumpsters during moving process, community garage sale, view a new unit prior to moving, and monthly meeting within three months of move to focus on education regarding the relocation. These recommendations will be included as an addendum to the Plan.  The mandatory 30 day review period has elapsed and the Housing Authority can now adopt the Plan with addendum and take all actions necessary to implement it, including entering into agreements, spending available funds that lawfully may be used, and delegating staff the ability to take implementing actions subject to Housing Authority Board oversight and / or approval. FISCAL IMPACT Implementation will result in an expenditure of up to $229,680 for relocation costs. Funds are available in the unreserved Housing Authority Project Area fund balance. BACKGROUND/ANALYSIS The former La Quinta Redevelopment Agency (RDA) acquired Washington Street Apartments located at 42-800 Washington Street in northwest La Quinta in 2008 for the preservation and rehabilitation of affordable housing. The existing apartments are rented to very-low and low-income senior and disabled adults receiving rental subsidy from the BUSINESS SESSION ITEM NO.1 United States Department of Agriculture (USDA)/ Rural Development (RD). The project for both the construction of new units and re-construction of existing units was suspended in 2011 when the State dissolved RDA’s. The Housing Authority now has the necessary fund balances available that when combined with other affordable housing financing sources is sufficient for the implementation of the originally envisioned and now entitled Washington Street Apartment project. In preparation for the next steps required in the financing of the project, a Plan must be approved and adopted by the Housing Authority Board. This Plan has been prepared to conform to provisions of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970 (URA) as amended and the State of California Relocation Assistance Guidelines and California Relocation Assistance Law (CRAL). ALTERNATIVES Recommend draft Relocation Plan with edits. Prepared by: Jon McMillen, Development Consultant ATTACHMENT: 1. Washington Street Apartments’ Draft Relocation Plan 2. Recommendations from 30 Day Review ATTACHMENT 1                 WASHINGTON STREET APARTMENTS     42‐800 WASHINGTON STREET  LA QUINTA, CA 92253    DRAFT RELOCATION PLAN      LA QUINTA HOUSING AUTHORITY  WASHINGTON STREET APARTMENTS– DRAFT RELOCATION PLAN  LA QUINTA HOUSING AUTHORITY  2 CONTENTS OF THIS RELOCATION PLAN    I. INTRODUCTION ................................................................................................................. 3 A. ASSESSMENT OF NEEDS ................................................................................................ 4 B. TEMPORARY RELOCATION ........................................................................................... 5 C. PROGRAM ASSURANCES AND STANDARDS .............................................................. 6 D. RELOCATION ASSISTANCE PROGRAM ....................................................................... 6 E. CITIZEN PARTICIPATION/PLAN REVIEW ................................................................. 7 F. RELOCATION BENEFIT CATEGORIES .......................................................................... 7 G. PAYMENT OF RELOCATION BENEFITS ...................................................................... 8 H. APPEALS POLICY ............................................................................................................... 8 I. PROJECTED DATES FOR RELOCATION ....................................................................... 8 J. ESTIMATED RELOCATION COST ................................................................................... 9 WASHINGTON STREET APARTMENTS– DRAFT RELOCATION PLAN  LA QUINTA HOUSING AUTHORITY  3 I. INTRODUCTION   The La Quinta Housing Authority (“Authority”) is planning for the rehabilitation of Washington Street Apartments located at 42‐800 Washington Street in La Quinta, California (the “Property). The Property was built in the 1980s with financial assistance from the United States Department of Agriculture (USDA) as Rural Development (RD), and is restricted as affordable housing for senior and disabled adults. The USDA, through RD, provides rental assistance to the residents. In 2008, the former La Quinta Redevelopment Agency (“Agency”) acquired the P r o p e r t y f o r p u r p o s e s o f p r e s e r v i n g a n d r e h a b i l i t a t i n g t h e P r o perty as a f f o r d a b l e h o u s i n g . T h e A g e n c y ’ s p l a n s i n c l u d e d e x p a n d i n g t h e Property by c o n s t r u c t i n g n e w a f f o r d a b l e h o u s i n g u n i t s , r e h a b i l i t a t i n g a l l of existing 72‐ apartments, and enhancing and reconfiguring the community center and management offices (the “Project”). In 2011 the Project was suspended when the California Legislature dissolved all redevelopment agency’s in the State of California, including the Agency. Prior to the dissolution of the Agency, the City of La Quinta (“City”) established the Authority, which now has sufficient funds, when leveraged with other affordable housing financing mechanisms, to carry out the Project, as originally envisioned. The Project consists of the construction of 26 new single story a p a r t m e n t s o r g a n i z e d w i t h i n f o u r b u i l d i n g s , a n e w c o m m u n i t y b u i l d i n g a n d laundry facilities, rehabilitation of all 72 existing apartments, upgraded infrastructure and improved site work. In anticipation of implementing the Project, Authority staff and its Relocation Consultant have prepared this draft Relocation Plan (Plan). This Plan evaluates existing and anticipated conditions to determine replacement or temporary housing requirements for residents. This Plan sets forth policies and procedures necessary to conform with statutes and regulations established by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC Chapter 61, Section 4601 et seq.) (“URA”) as amended and the State California Relocation Assistance Law, California Government Code section 7260 e t s e q . ( " C R A L " ) a n d t h e C a l i f o r n i a R e l o c a t i o n A s s i s t a n c e a n d Real Property Acquisition Guidelines (Title 25, California Code of Regulations, chapter 6, section 6000 et seq.) ("Guidelines"). The Project will be constructed in phases as detailed in Attachment 2. This phasing will allow for all residents to remain at the Property during construction and rehabilitation activities. Rehabilitation of individual residential apartments WASHINGTON STREET APARTMENTS– DRAFT RELOCATION PLAN  LA QUINTA HOUSING AUTHORITY  4 requiring temporary displacement will not take longer than 3 months from start to finish. Because this timeframe is anticipated to be less than 12 months, and all residents continue to qualify for rental subsidy under the RD program, no permanent relocation offsite is required. A. ASSESSMENT OF NEEDS  To obtain information for the preparation of this Plan, direct, p e r s o n a l interviews were conducted with households living at Washington Street Apartments. Residents of the Property were provided an overview of the project including construction sequence, schedule, and process. The inquiries made of the households concerned household size, length of occupancy, home language, disabilities and health concerns. The interviews were conducted on‐site during December 2016. Occupancy There are 72 households encompassed in this Plan, 67 single‐person households a n d 5 t w o ‐ p e r s o n h o u s e h o l d s . T h e r e a r e 7 7 r e s i d e n t s i n t o t a l l iving in the existing 72 one‐bedroom apartments. Income The onsite property manager provided income information, which was collected during annual income certification at the Property. All incomes a r e i n compliance with USDA/ Rural Development Section 515 loan standards. Ethnicity/Language The residents identified themselves as Caucasian (39), Hispanic (31), African American (4), and Asian (3). The primary language reported by residents is English (65), Spanish (10), and Vietnamese (2). All informational notices have been provided in both Spanish and English and the Vietnamese‐speaking residents were provided translation by a family member. Senior/ Disabled Adult Households The resident makeup consists of 49 seniors (age 62 and older) and 28 adults with disabilities. Five of the residents will require ADA accessible apartments during their relocation period. The Project Site The Project Site is situated on the southeast corner of Washington Street and Hidden River Road in northwest La Quinta. A regional site map is attached to this Plan as Attachment 1. A depiction of the Project site is attached to this Plan as Attachment 2. The Project Site is located within close proximity to a community park, shopping centers, and grocery stores. WASHINGTON STREET APARTMENTS– DRAFT RELOCATION PLAN  LA QUINTA HOUSING AUTHORITY  5 Relocation Area and Location Needs All temporary relocation will take place on the existing project site in newly constructed or re‐constructed units of similar size and configuration of existing apartments. Residents that have accessibility needs will be provided accessible u nits in c l o se p ro xim it y to l au ndry fac il i tie s, p arking, c o m m u nity center, and management office. Matters that would apply to permanent relocation of households off‐site have not been addressed in this Plan. Temporary relocation will occur on the Property, in comparably sized, configured and equipped apartments. No permanent relocations are expected. B. TEMPORARY RELOCATION  Each existing apartment will take approximately sixty (60) days to rehabilitate. Rehabilitation will take place in phases, and during this period when an existing apartment is under construction, the existing apartment will need to be vacated, to ensure that the rehabilitation occurs safely. With moving time and coordination factored in, each resident will need to be relocated for approximately three months. Each household will be given the opportunity to move into a new or newly re‐ constructed apartment at the Prop e r t y . A l l o f t h e n e w a n d r e h a bilitated apartments will be single story, modern and of similar size as the existing apartments. E a c h h o u s e h o l d w i l l r e c e i v e m o v i n g a s s i s t a n c e a n d p a y m e n t o f a ll expenses associated with transferring utilities from their existing apartment to the temporary apartment. Residents housing costs will continue to be at their current rent level plus utilities. Should there be additional out of pocket costs, the Authority will pay those costs directly or will reimburse the household. A t t h e e n d o f t h e a p p r o x i m a t e l y s i x t y ( 6 0 ) d a y r e h a b i l i t a t i o n period, each r e s i d e n t w i l l h a v e t h e c h o i c e t o s t a y i n t h e a p a r t m e n t t h e y h a ve been temporarily occupying, or move back to their original, rehabilitated apartment. If a resident elects to stay in the apartment they have been temporarily occupying, then that apartment will then be considered their permanent residence and the relocation process for that resident will be complete. If a resident elects to move back to their original, rehabilitated apartment, then that resident will be offered the same assistance they received d u r i n g t h e temporary relocation. WASHINGTON STREET APARTMENTS– DRAFT RELOCATION PLAN  LA QUINTA HOUSING AUTHORITY  6 C. PROGRAM ASSURANCES AND STANDARDS  A d e q u a t e f u n d s a r e a v a i l a b l e t o a c c o m m o d a t e t h e p a y m e n t o f a l l required relocation benefits. Services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair E m p l o y m e n t & H o u s i n g A c t , a n d t h e U n r u h A c t , a s w e l l a s a n y o t h e r a r b i t r a r y or unlawful discrimination. No one will be required to move without 90 days’ prior written, notice and u n l e s s “ c o m p a r a b l e ” r e p l a c e m e n t t e m p o r a r y h o u s i n g c a n b e l o c a t ed and is available. “Comparable” housing includes standards such as: decent, safe, and sanitary (as defined in § 6008(d) of the Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the current unit but not lesser in rooms or living space than necessary to a c c o m m o d a t e t h e d i s p l a c e d h o u s e h o l d s ; i n a n a r e a t h a t d o e s n o t have unreasonable environmental conditions; not generally less desirable than the current unit with respect to location to schools, employment, health and medical facilities, and other public and commercial facilities and services; and within the financial means of the displaced households as defined in section 6008, subdivision (c)(5) of the Guidelines. The relocation program to be implemented b y t h e A u t h o r i t y c o n f o r m s t o t h e s t a n d a r d s a n d p r o v i s i o n s s e t forth in Government Code section 7260 et seq., the Guidelines, California Health and Safety Code section 33410 et seq., if applicable, and all other applicable regulations and requirements. D. RELOCATION ASSISTANCE PROGRAM  Staff is available to assist residents of Washington Street Apartments with questions about relocation and/or assistance in relocating and m o v i n g . J o n McMillen, the Relocation Coordinator, can be contacted at (760) 212‐2322 from 8:30 am to 5:00 pm, Monday through Friday. A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to a l l h o u s e h o l d s . C l o s e c o n t a c t w i l l b e m a i n t a i n e d w i t h r e s i d e n ts during this process. Specific activities will include: 1. P e r i o d i c u p d a t e s a n d m e e t i n g s w i t h r e s i d e n t s t o p r o v i d e p r o j e c t a n d schedule updates as well as the latest sequencing and phasing plans. WASHINGTON STREET APARTMENTS– DRAFT RELOCATION PLAN  LA QUINTA HOUSING AUTHORITY  7 2. Assistance with completion and filing of relocation claims, packing, moving and utility coordination, and appeals forms, if necessary. E. CITIZEN PARTICIPATION/PLAN REVIEW  This Plan will be provided to the households and will be made available to the public for the mandatory thirty (30) day review period. Comments to this Plan will be included as a Plan addendum prior to submission for final approval before the Housing Authority. Upon Authority approval, a copy of the approved Plan will be forwarded to the California Department of Housing and Community Development (“HCD”). F. RELOCATION BENEFIT CATEGORIES  Relocation benefits will be provided in accordance with the URA a n d t h e Guidelines, and all other applicable regulations and requirements. Benefits will b e p r o v i d e d a n d o r p a i d u p o n s u b m i s s i o n o f r e q u i r e d c l a i m f o r m s a n d do c u m entatio n i n ac c o rdanc e w i th ap p ro ved p ro c edu res. Th e Au t h ority will provide appropriate benefits for all households as required by law. Residential Moving Assistance The subject households will be provided professional packing and moving assistance from a licensed professional mover paid for by the Authority. However, if a resident requests to move themselves, payments will be limited to a “fixed payment” of $100. Pursuant to the most recent URA, Fixed Residential Moving Cost Schedule moving payments are limited to $100 when an agency provides all moving services for residents free of charge. The households may select the method of moving and payment as identified below: Fixed Payment ‐ A fixed payment for moving expenses limited to $100. The resident is responsible for moving. ‐ OR ‐ No Payment – The Authority provides all packing and moving services by a professional mover free of charge. Additional Assistance In addition to moving assistance it is anticipated that some residents will require help setting up and transferring utilities, and completing change of address WASHINGTON STREET APARTMENTS– DRAFT RELOCATION PLAN  LA QUINTA HOUSING AUTHORITY  8 forms and notices. The Relocation Consultant will provide this assistance as needed and the Authority will pay these costs directly or will reimburse the tenant for out of pocket expense. G. PAYMENT OF RELOCATION BENEFITS  Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the Relocation Coordinator within eighteen (18) months from the final move in date of the c l a i m a n t . T h i s i s d e f i n e d a s t h e d a t e t h e r e s i d e n t a c c e p t s t h e ir temporary apartment as their new permanent residence or moves back into their re‐ constructed apartment. The Relocation Coordinator will then submit the relocation benefit claim form to the City of La Quinta Finance Department for review and payment, if appropriate. Failure to submit claims within the 18 month period will result in nonpayment of such claims. The information provided above represents the outside timeline for claims. It is anticipated that all moving services will be provided free of charge by the Authority and all expenses associated with utility transfers or other incidentals will be paid directly by the Authority or reimbursed within 5 business days of receipt of claim by the Authority. H. APPEALS POLICY  The appeals policy will follow the standards described in section 6150 et seq. of the Guidelines as supplemented by the Authority’s approved Grievance Procedures (See Attachment 3.). Briefly stated, the relocated households will have the right to ask for a review when there is a complaint regarding any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. The request for review must be made within eighteen (18) months from: (i) the date the claimant moves; ‐or‐ (ii) the date on which final payment is made, whichever is later. Failure to make a timely request for review will result in a denial of the request. I.  PROJECTED DATES FOR RELOCATION  Households will receive 90‐day notice before they are required to move. Moving w i l l o c c u r d u r i n g p h a s e 2 t h r o u g h 4 o f t h e W a s h i n g t o n S t r e e t A partments project. Phase 1 of the project will involve the construction of 24 one‐bedroom apartments, community building and laundry facilities. Phase 2, 3 and 4 wil l WASHINGTON STREET APARTMENTS– DRAFT RELOCATION PLAN  LA QUINTA HOUSING AUTHORITY  9 entail the reconstruction of existing apartments three buildings (24 units) at a time. Existing units must be vacated prior to re‐construction. WASHINGTON STREET APARTMENTS PHASING SCHEDULE 2018 2019    1ST 2ND 3RD 4TH 1ST  2ND 3RD 4TH  NEW CONSTRUCTION PHASE 1 NEW CONSTRUCTION             PHASE 1 REHAB                    RELO         PHASE 2 REHAB                        RELO     PHASE 3 REHAB                            RELO  NOTE: Phasing schedule may adjust depending on closing of financing, and construction sequencing. An updated schedule will be maintained at the Washington Street Apartment Management Office. J. ESTIMATED RELOCATION COST  The following estimates are for budgeting purposes only. These figures should not be interpreted as firm, “not to exceed” or actual costs. These figures are based on the data obtained through occupant interviews, estimated moving costs, and the judgment of the Authority staff. They do not include payments to consultants or to contractors. Any and all required financial assistance will be provided. The budget estimate is: M o v i n g C o s t s : $ 180,000 Utility and Incidental: $ 28,800 Contingency 10%: $ 20,880 TOTAL: $ 229,680 With the adoption of the final Relocation Plan the Authority will appropriate funds to cover the aforementioned direct relocation costs plus payment to consultants or contractors. The Authority currently has $17,453,938 in the Housing Authority Project Area Fund. 10 ATTACHMENT 1. REGIONAL SITE MAP         11 ATTACHMENT 2. PROJECT SITE MAP            12 ATTACHMENT 3: GRIEVANCE PROCESS      LA QUINTA HOUSING AUTHORITY    GRIEVANCE PROCEDURES  Purpose: The purpose of the Grievance Procedures is to attempt to resolve disputes between the claimant and the La Quinta Housing Authority (“Authority”) at the lowest possible administrative level while affording the claimant an opportunity to have a full and fair review of his/her case. Therefore, all relevant evidence should be presented at the lowest level of these proceedings. In any c a s e w h e r e s u c h evidence could have been presented at a lower level and the claimant failed to do so, the relevant hearing body may, at its discretion, refer the matter back to the lower level for consideration and determination prior to their considering such evidence. A failure to provide evidence at a lower level of proceedings may prevent the issue or evidence from being further reviewed, including, without limit, in judicial review for failure to exhaust remedies. These procedures are supplemented by and shall be construed to be consistent with HCD Guidelines sections 6150‐6176 of Title 25 of the California Code of Regulations. A. Right of Review Initial Determination: Any displaced person or business who is not satisfied w i t h a d e t e r m i n a t i o n a s t o e l i g i b i l i t y , a m o u n t o f p a y m e n t , a n d failure by the Authority to provide comparable permanent or adequate temporary replacement housing or the Authority's property management practices, or not properly applying appropriate regulations, at his/her election, may have his/her claim reviewed and reconsidered by the Authority’s relocation consultant in accordance with the following procedures. To obtain an initial determination from the Authority’s relocation consultant, claimant must complete a Relocation Complaint form and submit it to the Authority’s relocation consultant and the City Clerk within (540) days from the date h e / s h e m o v e s f r o m t h e a c q u i r e d p r o p e r t y o r r e c e i v e s f i n a l c o m p ensation for displacement from the property, whichever is later. The Authority’s relocation consultant shall provide the claimant with a full written explanation of the determination and the basis therefore, which explanation shall be provided within three weeks from the date of receipt of the request. The written explanation shall include a statement of claimant's right to seek within ten (10) days further review of his/her claim by either formal or informal review and an explanation of the steps the claimant must take to obtain this review. 13 The right to an informal oral presentation as provided in section B below or a formal hearing as provided in section C below shall not be conditioned upon first obtaining an initial determination from the Authority’s relocation consultant. B. Informal Oral Presentation Authority Review: If the claimant feels that the written explanation provided in section A above is incorrect or inadequate, or if the claimant desires to proceed directly to informal review, he/she may request an informal hearing with the City Housing Specialist or Designee (“Specialist”). (1) To obtain an informal hearing before the Specialist the claimant must request in writing that the Specialist schedule such a hearing. Such written request shall be made (i) within ten (10) days from the date of the written initial determination or, if the claimant does not wish to request an initial determination, (ii) by submitting a Relocation Complaint form within five hundred forty (540) days from the date he/she moves from the acquired property or receives final compensation from the property, whichever is later. (a) Within fifteen (15) days from the date of receipt of claimant's Relocation Complaint form for an informal hearing, he/she will be afforded an opportunity to make an oral presentation, or to request a written review by the Specialist of the relevant documents and written materials submitted by the claimant. (b) The claimant may be represented by an attorney or other person of his/her choosing at the oral presentation hearing (at the cost of the claimant). (c) The Specialist shall prepare a summary of the matters discussed and determinations made during the informal hearing, or written review, and serve a copy thereof upon the claimant. (d) The Specialist shall review and reconsider the determination of the claimant's case in light of: ‐ All material upon which the Authority based its original determination including all applicable rules and regulations; ‐ The reasons given by the claimant for requesting review and reconsideration of his/her claim; ‐ Whatever additional written material has been submitted by the claimant; and 14 ‐ Any further information which the Specialist may, in his/her discretion, obtain by request, investigation or research, to ensure fair and full review of the claim. ‐ The proceedings shall not be bound by any formal rules of evidence. (2) The final determination on review by the Specialist shall include, but is not limited to: (a) The Authority relocation consultant’s initial determination, if applicable; (b) The factual and legal basis upon which the decision is based, including any pertinent explanation or rationale; and ( c ) A s t a t e m e n t o f c l a i m a n t ' s r i g h t t o s e e k w i t h i n t e n ( 1 0 ) d a ys further review of his/her claim by the City Manager and Finance Director and an explanation of the steps the claimant must take to obtain this review. (3) The right to a formal hearing as provided in section C below shall not be conditioned upon first obtaining an informal hearing by the Specialist. C. Request for Formal Review The City Manager and Finance Director Review: If the claimant feels that the initial determination by the Authority’s relocation consultant, t h e S p e c i a l i s t ' s d e t e r m i n a t i o n f o l l o w i n g t h e i n f o r m a l o r a l h e a r i n g , o r w r i t t e n review by the Specialist is incorrect or inadequate, or if the claimant desires to proceed directly to formal review, he/she may request a formal hearing before the City Manager and City Finance Director, acting as the Appeals Board (“Appeals Board”). To obtain a formal hearing before the Appeals Board the claimant must request in writing that the Specialist schedule such a hearing. Such request shall be made (i) within ten (10) days from the date of the Authority relocation consultant’s initial determination, the Specialist's determination following the informal hearing or the Specialist written review or, (ii) if the claimant does not wish to request an informal hearing, within five hundred forty (540) days from the date he/she moves from the acquired property or receives final compensation from the property, whichever is later. (1) Within fifteen (15) days from the date of receipt of claimants written request, he/she will be notified of the formal hearing date. If the claimant 15 requests additional time to prepare material for consideration and shows good cause therefore, the hearing date shall be continued to another date. (2) The Appeals Board shall, at the time it gives notice of the formal hearing date, notify the claimant that he/she has the right to be represented by an attorney or others at his/her own expense, to present his/her case by oral o r d o c u m e n t a r y e v i d e n c e ; t h e r i g h t t o s u b m i t o r a l o r d o c u m e n t a ry evidence; the right to submit rebuttal evidence to conduct such cross‐ examination as may be required for full and true disclosure of facts; and the right to seek judicial review after having exhausted all administrative appeal remedies. (3) The Appeals Board shall review and reconsider the initial determination a n d / o r t h e d e t e r m i n a t i o n m a d e a t a n i n f o r m a l h e a r i n g t a k i n g i n to consideration all material upon which the challenged determination was made, all applicable rules and regulations, the reasons given by the claimant for requesting review, any additional relevant evidence, oral or documentary, submitted by either the claimant or the Authority’s rep res ent at ives. N o e vide nc e m a y b e r el ied u p o n b y t h e Ap p eal s B o ard where the claimant has been improperly denied an opportunity to rebut evidence or cross‐examine a witness. The proceedings of the Appeals Board shall not be bound by any formal rules of evidence. (4) The Appeals Board shall make its determination within six weeks from the date on which the formal hearing is concluded or the date of receipt of the last material submitted, whichever is later. (5) The Appeals Board's determination shall be made in writing and shall contain its decision, the factual and legal basis upon which the decision is made and a statement informing the claimant of his/her right to appeal the decision to the Authority Board as provided below. (6) The claimant shall be promptly served with a copy of the Appeals Board's determination. Review by Housing Authority. Any person who believes himself/herself to be aggrieved by any final decision of the Appeals Board may, within ten (10) days after that date on the Appeal Board’s notice of such ruling or act, appeal the Appeals Board’s determination to the Housing Authority Board of Directors (the “Authority”) by filing with the City Housing Specialist a written statement of the rulings or acts complained of and the reasons for taking such appeal. The Specialist shall thereupon r e f e r s u c h a p p e a l t o t h e S e c r e t a r y o f t h e A u t h o r i t y a n d t o t h e Authority for consideration at its next regular meeting, and the Authority shall thereupon fix a time for the hearing of said matter, which time shall be not less than thirty (30) days from the time said appeal is presented to the Authority by the Specialist. On the date thus fixed, or on the date to which said hearing shall have been continued, the 16 Authority shall proceed to hear and consider the evidence relating to said matter and shall make and enter on its minutes its final determination t h e r e i n . T h e Authority may confirm, modify or set aside the findings of the Appeals Board, and the Authority’s determination in the matter shall be final and c o n c l u s i v e . N o proceeding or action shall lie against the City, the Authority, the City Housing Specialist, the City Manager, the Finance Director or any member thereof, nor against any officer, agent or employee of the Authority or City, to review or enjoin the enforcement of a determination or order of the Authority made pursuant hereto, or to recover monetary compensation not consistent with a determination or order on behalf of the Authority, unless such action is commenced within ninety days (90) f r o m a n d a f t e r s e r v i c e o f n o t i c e o f t h e f i n d i n g s a n d f i n a l d e t ermination of the Authority. Notice of the final determination of the Authority shall be served by the City Housing Specialist upon the person, or persons, taking the appeal. The effect of any determination from the City Housing Specialist or Appeals Board from which an appeal is taken as herein provided shall be suspended and of no force or effect until such appeal is fully determined by the Authority. The claimant shall be deemed to have exhausted his/her administrative remedies upon filing timely appeals and the Authority taking action upon his/her complaint. D. Time Limits G e n e r a l : T h e C i t y H o u s i n g S p e c i a l i s t m a y e x t e n d a n y o f t h e t i me limits as permitted by HCD Guidelines section 6162 upon a showing of good cause; provided, however, that the time periods established by these Grievance Procedures within which to timely appeal a decision from a lower body shall not be extended. Any refusal to waive a time limit may be reviewed in accordance with the procedures set forth in Section C above; provided, however, any request to review shall be made within thirty (30) days from the date of receipt by claimant of written notice that the request to extend time has been denied. E. Review of Files By Claimant The claimant may inspect all files and records bearing upon his/her claim or the prosecution of the claimant's grievance, except to the extent the confidentiality of the material sought or the disclosure thereof is protected or prohibited by law. F. Effect of Determination D e t e r m i n a t i o n s m a d e b y t h e A u t h o r i t y B o a r d p u r s u a n t t o t h e p a r agraph entitled “Review by Housing Authority” in section C shall be applicable to all eligible persons in similar situations regardless of whether any such eligible person seeks a review. All written determinations shall be filed in the records of the Authority and available for public inspection. 17 G. Right to Counsel Any claimant has the right to be represented by an attorney at his/her expense at any and all stages of the proceedings set forth in this Article. H. Stay of Displacement Pending Review If claimant seeks to prevent displacement, the Authority shall not require the claimant to move until at least 20 days after it has made a determination and the claimant has had an opportunity to seek judicial review. In all cases the Authority s h a l l n o t i f y t h e c l a i m a n t i n w r i t i n g 2 0 d a y s p r i o r t o t h e p r o p osed new date of displacement. I. Further Review I f t h e A u t h o r i t y d e n i e s t h e e l i g i b i l i t y o f a c l a i m a n t f o r a p a yment, or disapproves the full amount claimed, or refuses to consider the claim on its merits because of untimely filing, or any other ground, the Authority's notification to the claimant of its determination shall inform the claimant of its reasons therefore, and shall also inform the claimant of the applicable procedures for obtaining further review of this determination. These regulations prescribe the La Quinta Housing Authority’s procedures for g r a n t i n g a d m i n i s t r a t i v e r e l i e f t o a n y p e r s o n a g g r i e v e d b y a d e termination as to eligibility for a payment authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the State of California Government Code Section 7260, et. seq., with regard to the obligation of the Authority to refer such person to an adequate replacement dwelling or to any person aggrieved by a determination as to eligibility for a payment authorized by the above legislation to provide the opportunity for his/her application to be reviewed by the appropriate department responsible for administering such payments.   Attachment 2 Recommendations from 30-Day Public Review of the Washington Street Apartments Relocation Plan Housing Commission:  Adding a voluntary mediation unit in place to try and resolve issues prior to having to go to the City Manager.  A mechanism be put in place where the tenants are always being asked, what their issues are, what they like and don’t like throughout the entire process and after it is completed.  Establish a verified mechanism for tenants to address their concerns. Residents:  Requested that prior to moving they be offered the opportunity to visit the unit they will be moving to.  Extra recycling containers and dumpsters during the moving process  Assistance with a community garage sale  Monthly meetings within three months of a move that will focus on providing education regarding the move in process. City of La Quinta HOUSING AUTHORITY MEETING: March 22, 2017 STAFF REPORT AGENDA TITLE: OVERVIEW OF AFFORDABLE HOUSING PROJECTS RECOMMENDATION Receive and File overview of affordable housing projects EXECUTIVE SUMMARY  The Authority remains in compliance with the Housing Affordability requirement wherein 67 percent of 923 total Authority assisted rental units are available to persons of very-low income.  The Authority has 26 sewer subsidy loans, 400 silent second trust deed loans, and 1 residential rehabilitation loan, all of which provide affordability covenants and are monitored for compliance.  State law requires that a housing authority annually disclose data related to domestic violence incidents in units owned or operated by the housing authority. The Authority has not issued any domestic violence related termination notices. FISCAL IMPACT – None. BACKGROUND/ANALYSIS The Authority was established to own rental properties in the City of La Quinta that were scheduled for substantial rehabilitation, and to hold title to vacant properties that could be developed with single and multi-family housing. The Authority contracts with private entities to manage the occupied properties. The Authority’s objectives are:  To provide safe and sanitary housing opportunities for La Quinta residents;  To rehabilitate properties that exhibit unsafe or unhealthy characteristics; and  To increase, improve, and preserve the community’s affordable housing stock. ALTERNATIVES As this is an information only action no alternatives are presented. Prepared by: Gil Villalpando, Management Specialist STUDY SESSION ITEM NO. 1