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
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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
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$250
ei30i2011
47-750 Adams St. La Quints, CA
Aventine Apartment Homes
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1
1
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$199
Now
43-100 Palm Royale, La Quints, CA
Mediterm Apartments Homes
7
1
1
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$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•%