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CC Resolution 2011-069RESOLUTION NO. 2011 - 069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE RELOCATION PLAN FOR 78181 AND 78182 AVENIDA LA FONDA AND 78153 MAIN STREET WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a redevelopment agency organized and existing under the California Community Redevelopment Law ("Health and Safety Code 33000 et seq.) ("Law") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of La Quinta; and WHEREAS, pursuant to the Law, the City Council approved and adopted the Redevelopment Plan ("Redevelopment Plan") for La Quinta Project Area No. 1 ("Project Area") on November 29, 1983, by Ordinance No. 43, and WHEREAS, the Agency acquired three properties in the La Quinta Village, 78181 Avenida La Fonda (APN 770-125-003) ("La Fonda Five-Plex"), 78182 Avenida La Fonda (APN 770-124-007) ("La Fonda Four-Plex") and 78153 Main Street (APN 770-124-004) ("Main Street Five-Plex") (collective referred to as the "Properties") for the purposes of implementing the Redevelopment Plan which would result in the removal of 14 units of which 8 units are occupied; and WHEREAS, Section 33411 of the Law and California Government Code Section 7260 at. seq. and the California Relocation Assistance and Real Property Acquisition Guidelines require a relocation plan be adopted whenever a redevelopment project will permanently displace residents; and WHEREAS, the Agency has prepared a Relocation Plan in accordance with Section 33411 of the Law; and WHEREAS, the Council conceptually approved the draft Relocation Plan on June 21, 2011, and authorized staff to circulate the Relocation Plan for the 30-day review period, which began on June 23, 2011 and ended on July 22, 201 1; and WHEREAS, copies of the draft Relocation Plan were distributed to the Properties' tenants for review and comment and one comment was received regarding the date when negotiations to acquire the La Fonda Five-Plex began. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, as follows: -1- Resolution No. 2011-069 Relocation Plan for 78181 & 78182 Avenida La Fonda and 78153 Main Street' Adopted: August 2, 2011 Page 2 of 2 SECTION 1. The Relocation Plan, a copy of which has been presented to the City Council of the City of La Quinta and is now on file with the City Clerk, is hereby approved. SECTION 2. The City Council authorizes staff to submit the Relocation Plan to the State Department of Housing and Community Development. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council on this 2nd day of August, 2011, by the following vote, to wit: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ERK (City Seal), t,ny of La uumia Arl�� DON ADOL Me City of La Quinta A 1 1 ACtiMhN 1 1 LA QUINTA REDEVELOPMENT AGENCY 78495 CALLE TAMPICO LA QUINTA, CA 92253 RELOCATION PLAN 78181 AVENIDA LA FONDA, 78182 AVENIDA LA FONDA, AND 78153 MAIN STREET La Quinta Redevelopment Agency August 2, 2011 ROSENOW SPEVACEK GROUP, INC. www.webrsg.com 78181 & 78182 AVENIDA LA FONDA & 78153 MAIN STREET RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY TABLE OF CONTENTS INTRODUCTION..................................................... :........................................................................ 1 RELOCATIONPROGRAM...............................................................................................................2 RELOCATION BENEFITS.........................................................................................................:......3 PAYMENT OF RELOCATION BENEFITS........................................................................................5 ASSESSMENTOF NEEDS..............................................................................................................5 REPLACEMENT HOUSING RESOURCES......................................................................................8 CONCURRENT RESIDENTIAL DISPLACEMENT...........................................................................8 RELOCATION ASSISTANCE..........::...............................................................................................8 RELOCATION TAX CONSEQUENCES ..................... :..................................................................... 9 EVICTIONPOLICY .................... :..................................................................................................... 9 GRIEVANCE PROCEDURES..........................................................................................................9 PROJECTED DATES OF DISPLACEMENT.....................................................................................9 ESTIMATED RELOCATION COSTS................................................................................................9 CITIZEN PARTICIPATION AND PLAN REVIEW............................................................................10 NECESSARY RELOCATION RESOURCES..................................................................................10 ATTACHMENTS...................................... ...................................................................... :................ 10 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY INTRODUCTION On June 21, 2011, the City Council approved the draft Relocation Plan ("Plan") and authorized staff to circulate the Plan for the required 30-day review period, which began on June 23, 2011 and ended on July 22, 2011. The tenants of the subject Plan and the general public have had an opportunity to review the draft Plan. One comment was received requesting that the Plan clarify the date of which the Agency initiated negotiations to acquire 78181 Avenida La Fonda, which was February 2, 2011. Since the review period has ended, the City Council may adopt the final Relocation Plan. The La Quinta Redevelopment Agency ("Agency") was established on July 5, 1983 to address conditions of physical and economic blight in the City. Project No. 1 was established in November 1983 to redevelop and expand deficient public infrastructure and facilities, facilitate economic development, expand recreation opportunities, and revitalize the La Quinta Village. A diagrammatic depiction of Project No. 1 is provided in Attachment 1. The Agency is acquiring three properties ("Properties") in Project No. 1 as part of the La Quinta Village on Avenida La Fonda and Main Streets. These Properties, along with the adjacent vacant properties the Agency currently owns, will subsequently facilitate mixed -use development, library and senior center expansion/parking, and affordable housing development. The Properties are depicted in Attachments 1 and 2. The Properties are improved with four- and five-plexes that house a total of 11 studio rental units that have been issued certificates of occupancy and available for lawful residential use, as follows: • 78181 Avenida La Fonda ("La Fonda Five Plex") — the Agency entered into escrow to purchase this property on May 26, 2011. The parcel is approximately 16,000 square feet, is Assessor Parcel Number 770-125-003, and is located on the south side of Avenida La Fonda, across from the La Fonda Four Plex. Only two of the planned five units have been issued certificates of occupancy and are therefore available for lawful occupancy. The two units permitted with certificates of occupancy are occupied, but both residents occupied the units for less than 90 days prior to the Agency initiating negotiations for acquisition of this property, which was February 2, 2011. • 78182 Avenida La Fonda ("La Fonda Four Plex") — this property was purchased by the Agency on May 27, 2011. The parcel is approximately 12,400 square feet, is Assessor Parcel Number 770-124- 007, and is located on the north side of Avenida La Fonda between Desert Club Drive and Main Street. All four units are occupied. • 78153 Main Street ("Main Street Five Plex") — the Agency entered into escrow to purchase this property on May 26, 2011. The parcel is approximately 13,700 square feet, is Assessor Parcel Number 770-124-004, and is located on the south side of Main Street, just east of Desert Club Drive. Only two of the five units were occupied when Agency initiated negotiations to acquire the property. The Properties include 11 studio rental units, of which eight units are occupied. Based upon the income limits set forth by the Department of Housing and Community Development ("HCD"), two of the units are occupied by Extremely Low Income Households, four of the units are occupied by Very Low Income Households, one unit is occupied by an Above Moderate Income Household, and one tenant's income level could not be identified as the tenant is currently unemployed and does not receive unemployment benefits. The eight households will be permanently displaced, triggering the relocation obligations set forth by California Government Code Section 7260 et seq. and the Community Redevelopment Law, Health and Safety Code Section 33000 at seq. (collectively, the "Law") and the California Relocation Assistance and Real Property Acquisition Guidelines, California Code of Regulations, Title 25, Section 6000 et seq. ("Guidelines"). This Plan identifies the relocation needs of the eight households and the relocation assistance the Agency will provide. Rosenow Spevacek Group, Inc. ("RSG") has prepared this Plan and will administer the relocation assistance per Agency direction. This Plan presents a needs assessment survey, a housing resource study, and details of the relocation policies and procedures as required by the Law and Guidelines. One of the ' During the Agency Closed Session on February 1, 2011, the Agency discussed potential terms and conditions of the acquisition of and/or disposition of the La Fonda Five Plex. RSG RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY occupied units had an extensive amount of mold. To ensure the health and safety of the tenants in that unit, the Agency initiated relocation activities prior to the required review and approval of this Plan in accordance with Government Code Section 7261(c)(4)(C). The Agency provided written assurance to the tenants that they would receive the required relocation benefits per the Law.and Guidelines. Displacement of the other seven units will not take place prior to the required reviews and approval of this Plan unless, at the request of any tenants of the other seven units, they seek relocation assistance prior to required reviews and approval of this Plan and would otherwise be eligible for.relocation assistance under the Law and Guidelines. This Plan, will be provided to each household and will be, available for public review during the mandated 30- day period. Very few households will be displaced from the Properties because of the Agency's action. Therefore, formation of a relocation committee is not required.. During the 30-day review period, the Agency will consult with each household to receive any comments on or respond to any questions about the Plan. Comments regarding this Plan will be included as an addendum prior to its adoption by the Agency's Board of Directors and City Council. RELOCATION PROGRAM The Agency will use its Low and Moderate Income Housing Fund revenue, pursuant to CRL Sections 33334.2 and 33334.3, to provide relocation benefits for all eight households. Except as noted in this Plan, no household will be displaced without a 90-day written notice and unless "comparable" replacement housing can be located and is available. "Comparable" housing must satisfy several standards, including: • Decent, safe, and sanitary (as defined in Section 6008(d) of the Guidelines); • Comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not less in rooms or living space than necessary to accommodate the displaced households; • In an area that does not have unreasonable environmental conditions; • Not generally less desirable than the acquired 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(c)(5) of the Guidelines. The relocation program conforms to the standards and provisions set forth in Law and all other applicable regulations and requirements. Non -Discrimination The relocation program will ensure that household displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act,.as well as any other arbitrary or unlawful discrimination. The Personal Responsibility and Work Opportunity Reconciliation Act ("PRWOR Act"), enacted by Congress in 1996, prohibits undocumented persons from receiving State and local benefits. Relocation benefits are subject to the PRWOR Act and undocumented persons are not eligible to receive relocation benefits. The only exception to this requirement is if displacement will result in exceptional and extremely unusual hardship of a documented spouse, parent, or child. Therefore, in the case of such hardship, relocation benefits may be applied. RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY Permanent Housing The Agency does not anticipate that the displaced households will relocate back to the Properties. For this reason, temporary housing will not be required. As such, all households meeting the standards set forth in this Plan will be eligible for permanent relocation benefits. Should such a need for temporary housing arise, the Agency will respond appropriately and in accordance with all applicable laws and requirements. Although the displaced households do not currently occupy affordable rent -restricted units and do not receive affordable housing subsidies, if requested by the tenant, attempts will be made to relocate the displaced households to rent -restricted affordable units. If affordable rent -restricted units are unavailable, the displaced households will be relocated to alternative comparable units. The location of these alternative comparable units will be identified prior to displacement. Furthermore, a resource survey, described later in this Plan, has identified the locations of several available properties within the City. RELOCATION BENEFITS Relocation benefits will be provided in accordance with the Law, the Guidelines, and all other applicable regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation in accordance with approved procedures. The Agency will provide appropriate benefits to each of the displaced households as required. Eligibility requirements and benefit plans will be determined on an individual basis with each of the households. Each household will be counseled by RSG, the Relocation Coordinator under this Plan, on available housing options and any consequences that may affect financial assistance. Residential Moving Expense Payments Households will be eligible to receive a payment for moving expenses. Payments will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. Each household may select their preferred method of moving expense payments. Fixed Payment — a fixed payment for moving expenses is based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be based upon the most recent Federal Highway Administration schedules maintained by the California Department of Transportation. (See Table 1) OR • Actual Reasonable Moving Expense Payments — the displaced household may elect to have a licensed, professional mover perform the move; if so, the Agency will pay for the actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced household, and in accordance with the Law and Guidelines. (q RSG RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78163 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY Fixed Residential Moving Cost Table 1 Number of Rooms Cost 1 room $626 2 rooms $800 3 rooms $1,000 4 rooms $1,175 5 rooms $1,425 6 rooms $1,650 7 rooms $1,900 8 rooms $2,150 Additional room $225 Source: Uniform Relocation Assistance and Real Property Acquisition Policies Act (2008). Rental or Down Payment Assistance Pursuant to California Government Code Section 7264(b) and Guidelines Section 6104(b), displaced households may be entitled to a Replacement Housing Payment in the form of Replacement Housing Rental or Down Payment Assistance, not -to -exceed $5,250. If the households are eligible for Last Resort Housing benefits (refer to the Last Resort Housing Section that follows), they may receive additional payments. A household is eligible for Replacement Housing Rental or Down Payment assistance if the household: 1. Has lawfully occupied the Property as a permanent or customary and usual place of residence for no less than a 90-day period prior to the initiation of negotiations for acquisition of the property by the Agency; and 2. Has rented or purchased, and occupied a decent, safe, and sanitary replacement dwelling within one year after moving from the Property. Replacement Housing Rental or Down Payment Assistance is intended to assist eligible relocated households cover a potential increase in rent for a comparable replacement dwelling, for a period not to exceed 42 months. Rental or Down Payment Assistant payment amounts are calculated according to the Law and Guidelines, which, generally described, equals 42 times the difference between the base monthly rent (defined below) and the lesser of: 1. The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or 2. The monthly rent and estimated average monthly cost of utilities for the replacement dwelling actually occupied by the displaced household; or 3. The total amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designates these amounts. The base monthly rent for the displaced households is the lesser of: 1. The average monthly cost for rent and utilities at the Property (the current residence of the relocated household) for the three-month period prior to initiation of negotiations; or . 2. Thirty percent (30%) of the displaced household's average gross annual household income. If a household refuses to provide appropriate evidence of income or is a dependent, the base monthly rental shall be determined by the average monthly cost for rent and utilities at the Property. 9RSG RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY Households eligible to receive a rental assistance payment (including Last Resort Housing benefits) may choose to utilize the payment for a down payment to purchase a replacement dwelling. If this option is utilized, the entire eligibility amount must be used towards the down payment and eligible incidental closing costs. The Agency will arrange for the deposit of the total rental assistance eligibility amount in an open escrow account conditioned by contractual provisions that assure the Law and Guidelines will be followed and that Agency funds will be reimbursed in the event escrow is cancelled or not closed within a reasonable period. Last Resort Housina As discussed later in this Plan, there is an adequate supply of replacement housing resources in the City of La Quinta. As such, the Agency will not need to build nor finance replacement housing. However, Last Resort Housing Assistance will be considered by the Agency, in accordance with Guidelines Section 6139, as a supplementary benefit if a household's rental housing assistance eligibility exceeds $5,250. Due to the high cost of living standards of the City's rental housing market, Last Resort Housing Assistance may be necessary. Recipients of this type of assistance who intend to purchase a home may request a lump sum payment for all the benefits in the form of a down payment. Undocumented persons are not eligible to receive Last Resort Housing Assistance. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the Agency (and, at the option of the claimant, the Relocation Coordinator) within eighteen (18) months from: 1. The date the claimant moves from the acquired property; or 2. The date on which final payment for the acquisition of real property is made, whichever is later. The procedure for preparing and filing claims and processing and delivering payments are as follows: 1. Claimant will provide all necessary documentation to substantiate eligibility of relocation assistance. 2. Benefit amount will be determined in accordance with the Law and Guidelines. 3. Claim forms must be prepared by claimant, but, at the request of the claimant, the Relocation Coordinator may be consulted for assistance. Claims signed by the claimant and supporting documentation must be submitted to the Agency for review. 4. Agency will approve or request additional information. If the claim is approved by the Agency, a benefit check will be issued, or, if applicable, a wire transfer will be made. If the claim is not approved, the claimant may proceed under the Grievance Procedures as discussed below. 5. Unless a wire transfer is made, the issued benefit checks will be hand delivered to the claimant by an Agency representative or the Relocation Coordinator. 6. Upon verifying that the claimant has completely vacated the Property and has secured residency in a replacement dwelling, final payments will be issued. No household will be displaced until "comparable' housing is located as defined above and in section 6008, subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any replacement units to which referrals are made to verify that they meet all the standards of decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines. However, no household will be denied benefits if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. ASSESSMENT OF NEEDS Personal interviews were conducted with the households living at each of the Properties. The purpose of the interviews was to learn more about the households including household size and composition, income, length (qRSG 5 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY and type of occupancy, ethnicity, home language, disability/health problems, and replacement housing preferences. The interviews were conducted May 19 and 20, 2011, and June 2 and 3, 2011. The descriptive data in this Plan is based solely on the responses provided by the households. No attempt was made to qualify income or other information provided by residents. Housing Occupancy This Plan encompasses one and two person households of eight rental studio units. All of the households will be eligible for relocation benefits. Unit Profiles Table 2 Unit HH # # # Size Bedrooms Bathrooms Move In Date Income Levei Seniors Ethnicity Language La Fonda Four Plex' 1 2 Studio 1 , 6/28/2009 Extremely Low 0 Hispanic English 2 2 Studio 1 11/1/2008 Very Low 0 Caucasian English 3 1 Studio 1 May-06 Very Low 0 Caucasian English 4 2 Studio 1 3/1/1996 Extremely Low 0 Hispanic Spanish/English La Fonda Five Plex 3 1 Studio 1 3/1/2011 Above Moderate 0 Caucasian English 4 1 Studio 1 1/25/2011 Unknown 0 Caucasian English Main Street Five Plex 1 1 Studio 1 Apr-08 Very Low 0 Caucasian English 4 1 Studio 1 At least 10 years Very Low 1 Hispanic Spanish Source: Based on descriptions provided during the tenant interviews Household Income With an exception of one tenant who is currently unemployed, income information was provided by the households during the interviews. According to the income standards set forth by California Department of Housing and Community Development for Riverside, County (Attachment 3), adjusted for household size, two households are categorized as Extremely Low Income, four households as Very Low Income, one household as Above Moderate Income, and one household is unknown. Ethnicity, Primary Lanrtuatte, and Citizenship The ethnicities of the persons residing in the eight occupied households were self -reported as Caucasian (4 households) and Hispanic (4 households). Six households reported the primary language as English and Spanish is the primary language for two households. A Spanish translator was present at the time of the interviews and documentation given to the tenants was provided in English and Spanish. All households reported being citizens of the United States. Senior or Handicapped There is one senior (62 years or older) living on the Main Street Five Plex property. The senior tenant indicated a preference for a unit on the first floor. None of the tenants reported having a disability. (q RSG RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY Property Location and Amenities The Properties are located at 78181 and 78182 Avenida La Fonda and 78153 Main Street. The Properties are located within 0.5 miles of La Quinta City Hall, Senior Center, La Quinta Public Library, La Quinta Community Park, the La Quinta Village, Benjamin Franklin and John Adams Elementary Schools, post office, restaurants, and several convenience and grocery stores. The Properties are located within walking distance of the SunLine Transit Agency's Line 70 bus stops. Preferred Relocation Areas and Location Needs Seven households expressed their primary desire to remain in La Quinta, specifically in the La Quinta Cove area. One tenant expressed interested in relocating to South Carolina. La Fonda Four Plex The household residing in Unit 1 expressed desire to relocate to La Quinta or Bermuda Dunes. If relocated to Bermuda Dunes, the household indicated they would like be along Washington Street, in close proximity to the La Quinta City boundaries. If this household were to relocate in La Quinta, the La Quinta Cove is a requirement, in either a similar property such as a four-plex or apartment community. The household indicated that they would not like to relocate near children both in their living community (i.e. play ground or pool) or school. The household does not currently have a car but an assigned covered,parking space is ideal for a future car. In addition, the household requested to be relocated in proximity to public transportation and shopping. The household residing in Unit 2 would like to relocate to La Quinta. This household would prefer to remain in the La Quinta Cove area, as it is in proximity to current employment, restaurants, and shopping. Pets would also need to be permitted at the relocated unit. The tenant residing in Unit 3 prefers to be relocated to La Quinta, in the La Quinta Cove area, near current employment. The tenant would not like to reside near children, and prefers an older community. The tenant is not considered a senior and therefore, cannot reside in an age -restricted community. No other special relocation (i.e. medical facilities, public/social services and agencies, recreational services, parks, community centers, and shopping) needs were expressed by this tenant. The household residing in Unit 4 prefers to be relocated to either La Quinta or Palm Desert. If relocated to Palm Desert, the household would like to be in close proximity to the Palm Desert Shopping Mall, near current employment. The household would prefer to live in the La Quinta Cove area. Their requirements also include being in close proximity to public transportation. La Fonda Five Plex The tenant residing in Unit 3 expressed a preference to relocate to La Quinta, in the La Quinta Cove area. The tenant would prefer to reside in a quiet community with a pool. No other additional or special relocation needs (i.e. proximity to employment, medical facilities, public/social services and agencies, recreational services, parks, community centers, and shopping) were expressed by the tenant residing in Unit 3. The tenant residing in Unit 4 expressed a preference to relocate to La Quinta. Pets would need to be permitted at the relocation unit. No other additional or special relocation needs (i.e. proximity to employment, medical facilities, public/social services and agencies, recreational services, parks, community centers, and shopping) were expressed. Main Street Five Plex The tenant residing in Unit 1 would prefer to relocate to Summerville, South Carolina. No other additional or special relocation needs (i.e. proximity to employment, medical facilities, public/social services and agencies, recreational services, parks, community centers, and shopping) were expressed by the tenant. RSG RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY The tenant residing in Unit 4 would prefer to relocate to La Quinta, in the La Quinta Cove area. The tenant expressed desire to relocate to a similar four-plex or an apartment community. The tenant would like to relocate to a unit on the ground -floor, in a quiet community, in close proximity to public transportation and shopping. Replacement Housina Need Replacement housing needs are assessed by the number of required units and their respective number of bedrooms. Relocated households need a replacement unit with at least as many bedrooms as they currently have or enough bedrooms to prevent overcrowding. Housing standards typically allow up to three people in a one -bedroom, five people in a two -bedroom, and seven people in a three -bedroom unit. The eight households in the Properties are eligible for relocation benefits and will require replacement housing. REPLACEMENT HOUSING RESOURCES If a household is interested in relocating to an affordable rent -restricted unit, the Agency will work with affordable housing property managers and owners in La Quinta and Palm Desert to locate vacant units that are rent -restricted. in the event that affordable units are unavailable or do not meet the definition of comparable housing, as described by.the Guidelines, comparable units will be selected from available market -rate housing. The selection of market -rate housing as replacement housing for the displaced households could require the Agency to subsidize rents to affordable levels per the Guideline's provisions regarding Replacement Housing Rental and Down Payment Assistance and Last Resort Housing. A housing resource survey was completed in May and June 2011 to identify comparable, decent, safe and sanitary units available within close proximity to the Properties (Attachment 4). The survey focused on identifying a rental housing inventory that addressed the replacement housing needs. Comparable replacement properties were identified using internet searches and contacting apartment communities located in the Cities of La Quinta and Palm Desert. The survey focused on the availability of comparable, decent, safe, and sanitary units, which contain the required minimum number of bedrooms, an area of adequate size for the household, and an area comparable with respect to the number of rooms and habitable living space. As identified in Attachment 4, the comparable replacement units are located in proximity to the Properties and in La Quinta, and have bedroom and bathroom combinations similar to those occupied at the Properties. The resource survey identified a studio/one-bath unit available and 27 one-bedroom/one-bath units available in La Quinta. CONCURRENT RESIDENTIAL DISPLACEMENT There are no other known projects currently underway that will result in the displacement of residential households in La Quinta. The Agency does not anticipate any competition for similar replacement housing. RELOCATION ASSISTANCE The Agency retained RSG to assist each household with their relocation needs. Kim Wong, Relocation Coordinator; may be contacted at (714) 316-2122 from 8:30 AM to 5:00 PM Monday through Friday. A comprehensive relocation assistance program including technical and advisory assistance will be provided and close contact will be maintained with each household. A Spanish translator is also available for those households needing translation. To ensure that the Agency meets all of its legal obligations, RSG, at a minimum, will perform the following activities: • Distribute an informational brochure concerning the relocation program to each household. • Inform all households regarding relocation assistance, procedures and benefits. • Determine each household's eligibility, needs and relocation preferences. 9RSG RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY • Present timely referrals to at least three comparable replacement units and, if necessary, provide transportation to inspect potential replacement units. Maintain a database of available housing resources and distribute replacement site referrals for the duration of the relocation process. • Assist households in securing and making necessary arrangements to rent or purchase replacement housing. • Assist with completing and filing of relocation claims, loan applications, and appeals forms, if requested by the relocated household. • Assure that no household will be required to move without a prior 90-day written notice, except for those households that have to be expeditiously moved to ensure the health and safety of the persons who occupy a unit. • Inform all households of the Agency's eviction and property management policies. RELOCATION TAX CONSEQUENCES With respect to the Internal Revenue Code of 1968, or the Personal Income Tax law (Part 10 of the Revenue and Taxation Code), relocation payments are typically not considered income. The Agency does not intend to provide tax advice by the previous statement. Displaced households are responsible for consulting with a tax advisor concerning the tax consequences of relocation payments. EVICTION POLICY The Agency recognizes that eviction is only permissible as a last resort and that relocation records must be documented to substantiate eviction. Eviction will not affect the eligibility of a person legally entitled to relocation benefits. Eviction will only take place in the event of the following: • Nonpayment of rent; • Breach or violation of the rental agreement; • A dangerous or illegal act in the unit; or • If the household refuses to accept all reasonable offers to move. GRIEVANCE PROCEDURES The grievance procedures will follow the standards described in Section 6150 et seq. of the Guidelines, as may be amended from time to time (Attachment 6). Displaced households will have the right to dispute their relocation process and have their case re-evaluated by the Agency. The request for review must be made within the 18 month relocation benefit period (refer to the Payment of Relocation Benefits section). Failure to make a timely request for review will result in the household's request being denied. The Relocation Coordinator is available to assist any household that may request such assistance in processing a grievance. PROJECTED DATES OF DISPLACEMENT The Agency will issue a 90-day Notice -to -Vacate before any households are required to move off of the Properties. These notices are expected to be issued within three months. Relocation is expected to be completed in six months. ESTIMATED RELOCATION COSTS The Agency will fund all relocation costs from its Low and Moderate Income Housing Fund. These figures should not be interpreted as firm, "not to exceed" or actual entitlement costs. These figures are based on the data obtained through occupant interviews, replacement site availability, market rate research, and the udgment of the Agency staff. They do not include payments to consultants or to contractors. Any and all RSG 9 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY required financial assistance, authorized pursuant to the Law and Guidelines, and not to exceed those amounts, will be provided. The budget estimate for the relocation of all residents of the Properties is $120,410. CITIZEN PARTICIPATION AND PLAN REVIEW This Plan will be provided to the household 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 approval before the Agency. Upon the request of any resident or other interested organization; a copy of the Plan will be forwarded to the California Department of Housing and Community Development ("HCD"). NECESSARY RELOCATION An assessment of whether the necessary financial and technical resources are available to successfully undertake and complete the relocation of the eight households was conducted by the Agency. The analysis included a review of the availability of, replacement housing, an assessment of funding available for all relocation costs, and the availability of relocation advisory resources. The review determined that there are ,adequate financial and technical resources available to the Agency to successfully relocate all eight households from the Properties. Specifically, the housing resource survey indicates that there is a large supply of comparable, decent, safe and sanitary units available within the City. A review of the availability of the Low and Moderate Income Housing Fund determined that funds were sufficient and available to pay for all relocation costs. Lastly, the Agency has contracted with RSG to provide relocation advisory services to assist each household with their relocation needs. ATTACHMENTS Attachment 1 — Regional Site Map Attachment 2 - Properties Site Map Attachment 3 — California Department of Housing and Community Development Income Limits for Riverside County Attachment 4 — Comparable Replacement Units Attachment 5 — Information Notice and Notice of Intent Attachment 6 — Grievance Procedures (Section 6150 at seq. of the Guidelines) RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY REGIONAL SITE MAP ATTACHMENT 1 •- 1 {c ✓ Vi 1 �'... .+ • F :7 { $ Co chefla ti - (_ 1 �� 4 �t Properties ,. - - -� n_ J, 1 i .�i t( Qwnta f a f'-�4 fM1�a ti:�t# Fbsxt Go11.Cow � ,� r � 1 Source: ESP! qRSG l_­1 C 11 Q W V Jaw 0 zF z w O M2 Zj in IL n W In 7 Q W Q � Oa Z O tL ? 7 J Ci pJ z W Q N co co n ya W A a <° i y!' ,k_ Y C r I riW �, x • µ F4 p 1 �a �Yy , 111.; ,t� •yt1 �2 1 W 0 N 1 §wL 3Lu zoo I \�w k .jGa- �k] k§ «■ }Z _3§ §< \ 0 / } _ 00 co ! � $ ! § � \ � ) -LQ — LD 69 0 ( ) § { I » « § k k CL c ] a ( $ 00 ) - § k .� ( ! k k CL rn 13 ! § { ) 4 ! D ) ! c w a § 60 v CD } � k k ( ! ! / to 3 E { « ! 12 { ; x ! _ 2 k \ 7 ( k § to k k ( ] CL 2 # ) | E _ ] r « ] { I ; f w Go\ § } } \ 0 0 < % ] § ) k ! { ] . ! ) § | ® 7 00 ] , w M )co 0 / cli - } k co ( ) § ! { ] ! { * ! \ § o k / ] ! 8 § o $ ( 0 § _ -j E ] , * ! { k � k CL C ] ! 2 k \ t § § \ 0 0 ) | 0 ! E 2 w ! { « ] \ k § % CL r ) .! \� RELOCATION PLAID 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY Comparable Replacement Housing Unite - Attachment 4 Bedrooms Bathrooms Rent Deposit Avallable Address Apt Complex Quantity Studio 1 $600 $600 Now 52-960 Avenida Obregon, Le Quints Private Owner 1 Studio 1 $641 $300 SM012011 49-126 Idaho St, Palm Desert Desert Fountain 4 1 1 $860 $336 - Nm 50-660 Eisenhower Drive, La Quints Silverhawk 1 1 1 $718 $300 Now 49-125 Idaho St, Palm Desert Desert Fountain 2 1 1 $995 $250 Now 47-750 Adams St. La Quints, CA Aventine Apartment Homes 2 1 1 $995 $250 ei30i2011 47-750 Adams St. La Quints, CA Aventine Apartment Homes 2 1 1 $920 $199 Now 43-100 Palm Royale, La Quints, CA Mediterm Apartments Homes 7 1 1 $940 $199 _ Now 43-100 Palm Royale, La Quints, CA Medilema Apartments Homes 15 Average Rental Rate $885 for StudioH-B_ odroom In La Qulnta Source: Conversations with properly management companies on May 27 and 31, 2011 and June 1, 2011 qRSG 14 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY ATTACHMENT 5 — INFORMATIONAL NOTICE AND NOTICE OF INTENT La Quinta Redevelopment Agency INFORMATIONAL NOTICE AND NOTICE OF INTENT IMPORTANT! PLEASE READ CAREFULLY! The La Quinta Redevelopment Agency ("Agency") is in the process acquiring of the residential property located at 78181 Avenida La Fonda .2 You are receiving this notice because you reside on this property and may be eligible for relocation benefits if the property is acquired by the Agency. Acquisition by the Agency may require tenants residing on the property to be relocated. However, it is the intent of the Agency to honor existing leases and provide adequate notice if relocation is necessary. YOU DO NOT HAVE TO MOVE NOWI This notice is meant to explain what the Agency is interested in doing and explain relocation assistance available to you under applicable California laws and regulations. Do I Have To Move? The law requires the Agency to give you at least 90 days written notice before you have to move. This is not a 90 day notice and therefore Vou do not have to move by delivery of this information letterl It is important that you do not move before you find out if you are eligible to remain on the property and you learn what you must do to receive the relocation payments and other assistance. You will not receive relocation benefits if you are evicted from the property for nonpayment of rent, in breach or violation of the rental agreement, engaged in dangerous or illegal acts in the rental unit, or if you refuse to accept reasonable offers to relocate to a new residence. Will 1 Get Any Help To Move? Yes. The law requires the Agency to give many different types of assistance. Some of the assistance depends upon when you moved into your residence. The Agency must: 1. Help pay for moving expenses; and 2. Help find other "comparable replacement" housing for you. Kim Wong with the Rosenow Spevacek Group Inc., the Agency's Relocation Consultant, will be assisting you in locating "comparable replacement housing" and be available to answer any questions you may have. The Agency will give you at least three referrals to other "comparable replacement" residences before you have to move or you can also look for your own replacement housing, but the final decision as to your replacement housing remains, pursuant to law, with the Agency. "Comparable replacement" housing means housing that is: (A) Decent, safe, and sanitary; (B) Not generally less desirable than your current residence in location to your employment, schools and other services; 2 Address changed to 78182 Avenida La Fonda or 78153 Main Street based on tenant's location (G PSG 1 15 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY (C) Has disabled access if you are a disabled person; (D) Does not discriminate against you based on your race, nationality, religion, sex, age, disability, children, whether or not you are married, or any other protected classification as prescribed by law; (E) At least the same number of bedrooms and living area as your current residence; and (F) Affordable. "Affordable" means that rental costs (including utilities) are not more than 30% of your average monthly income._ The Agency cannot make you move until the Agency can locate "comparable replacement" housing for you and provide you "Replacement Housing Payments" (rental assistance or down payment assistance payments), subject to limitations in amount as provided in law. Who Can I Speak To If I Have Any Questions? The Agency has arranged for the Rosenow Spevacek Group Inc., a Relocation Consultant, to be available to answer any questions you might have. Kim Wong, the Relocation Consultant, can be reached Monday through Friday between the hours of 8:00 am to 5:00 pm at (714) 541-4585 extension 122. The Agency encourages you to contact the Relocation Consultant to get more information about your individual rights to relocation assistance. The Relocation Consultant will also be available to assist you in finding a 'comparable replacement" residence and can refer you to other agencies that can assist you. Should you be required to move, it is the goal of the Agency and the Relocation Consultant to make this upcoming transition as easy as possible for you. What Will Happen If I Move. Now? If you move before you are required to, you will not be eligible for potential relocation assistance or benefits. Before making any moves, it is important that you contact the Relocation Consultant and find out all the information about your rights to assistance and benefits. Will Someone Contact Me About My Relocation Assistance? Yes. The Relocation Consultant will be contacting you in the future to talk to you about your eligibility for relocation assistance. This person will need to get information from you, including your income and household size. It is very important that you cooperate with the Agency in sharing information because the Agency must have this information to determine your needs and your eligibility for assistance. What If I Disaaree With The Type Of Assistance Given To Me? If you disagree with the type of assistance you receive from the Agency, the law gives you the right to ask for a review of your claim. This is called a "grievance." For example, you may ask for a review of your claim if you disagree with the amount of your relocation assistance, our failure to —provide you with 'comparable replacement" housing, or any other disagreement you may have with o RSG 16 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY the services offered to you. If you want to file a "grievance," you should file it within 18 months of the date you move or the date you receive a final relocation payment, whichever is later. You may file a "grievance" and obtain a copy of the "Grievance Procedures" by contacting the Relocation Consultant. AGAIN, PLEASE REMEMBER THAT YOU ARE NOT REQUIRED TO MOVE AT THIS TIME, AND YOU WILL NOT BE ELIGIBLE FOR POTENTIAL RELOCATION ASSISTANCE OR BENEFITS IF YOU MOVE BEFORE THE AGENCY REQUIRES YOU TO DO SO. The Agency will continue to give you information and updates on the acquisition of the property. In the meantime, please feel free to contact the Relocation Consultant if you have any concerns, problems or questions. They are here to assist you with the relocation process. PLEASE KEEP THIS LETTER FOR FUTURE REFERENCEI RSG 17 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY Attachment 6 — Grievance Procedures (Section 6150 et.sec. of the Guidelines) Grievance Procedures California Code of Regulations, Title 25, Chapter 6, Article 5 6150. The 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. The 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. RSG RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY 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 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 therefore, 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 RSG 19 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY 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. (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 of 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 no 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. am 20 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY 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 Parry 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. 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. 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. PSG 21 RELOCATION PLAt4 .. 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY 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. 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. Source: Catifomia Code of Regulations, California Office of Administrative Law �RSG I•%