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CC Resolution 2018-017 Dune Palms Road Widening Acquisition and Relocation PlanRESOLUTION NO. 2018 - 017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE RELOCATION PLAN PREPARED FOR THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR PARCEL NO. 600-030-010, LOCATED IN LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE DUNE PALMS ROAD WIDENING PROJECT WHEREAS, The City of La Quinta (City) proposes to widen the east side of Dune Palms Road to its ultimate General Plan width from Westward Ho Drive / Blackhawk Way to a point approximately 330 feet north of the Coachella Valley Storm Water Channel (CVSC) as part of the Dune Palms North Street Improvement Project (Project); and WHEREAS, Due to the displacement necessary to proceed with the Project, the City is required to prepare a relocation plan which provides demographic and planning information and sets forth the policies and procedures necessary to conform with the California Relocation Assistance Law (California Government Code Section 7260 et seq.), the California Relocation and Real Property Acquisition Guidelines (California Code of Regulations, Title 25 Chapter 6, Section 6000 et seq.- the Guidelines), and the rules, regulations and procedures as adopted by the City; and WHEREAS, The conclusion of the Relocation Plan is that there are sufficient relocation alternatives to accommodate the households potentially displaced by Project and that Project has sufficient resources and funding to provide the eligible financial assistance and benefits to the affected households that are provided for under the applicable laws and regulations; and WHEREAS, The Relocation Plan has been circulated for review by the affected Project occupants for the mandated 30 day period and no comments to the plan have been received; and WHEREAS, The Design and Development Department has determined the Dune Palms Widening Project has been adequately reviewed under a Mitigated Negative Declaration (MND), EA 2016-0009, approved on July 19, 2016, in accordance with the California Environmental Quality Act, and that no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitals are true and correct and incorporated herein. Resolution No. 2018-017 Washington Street Apartments Relocation Plan Adopted: April 17, 2018 Page 2 of 2 SECTION 2. That the City Council of the City of La Quinta does hereby adopt the relocation plan "Exhibit A" prepared for the acquisition of a portion of certain real property identified as Assessor Parcel No. 600-030-010, located in La Quinta, Riverside County, California, for the Dune Palms Road Widening Project. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this -17th day of April, 2018 by the following vote: AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None LIN A EVANS,Mayor City of La Quinta, California ATTEST: PAM NIETO, Deputy City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHR E, City Attorney City of La Quinta, California 1 RELOCATION PLAN FOR THE Dune Palms North Street Improvement Project Dune Palms Road from the Northerly Limits of the White Water River Channel to Blackhawk Way La Quinta, CA PREPARED FOR: CITY OF LA QUINTA, CA 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7000 PREPARED BY: OVERLAND, PACIFIC & CUTLER, LLC 2280 MARKET STREET, SUITE 200 RIVERSIDE, CA 92501 (951)683-2353 January 9, 2017 Resolution No. 2018-017 EXHIBIT A 193 2 TABLE OF CONTENTS INTRODUCTION .................................................................................................. 4 I.PROJECT SITE LOCATION AND DESCRIPTION ..................................... 6 A.REGIONAL SETTING .............................................................................. 6 B. SPECIFIC PROJECT LOCATION ........................................................... 7 C.GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS ............ 7 II.ASSESSMENT OF RELOCATION NEEDS ................................................ 9 A.SURVEY METHODOLOGY ..................................................................... 9 B.SURVEY DATA ....................................................................................... 9 III.RELOCATION RESOURCES ................................................................... 14 A.METHODOLOGY .................................................................................. 14 B. REPLACEMENT HOUSING AVAILABILITY ......................................... 14 1. Residential Rental Housing ............................................................... 14 2. Mobile Homes for Sale Housing ........................................................ 15 3. Pad Space rent .................................................................................. 15 4.Conclusion ......................................................................................... 16 C. RELATED ISSUES ............................................................................... 17 1.Concurrent Residential Displacement ................................................ 17 2.Temporary Housing ............................................................................ 17 IV.THE RELOCATION PROGRAM ............................................................... 18 A.PROGRAM ASSURANCES, STANDARDS, AND OBJECTIVES .......... 18 B.ADVISORY ASSISTANCE ..................................................................... 19 C.RELOCATION BENEFITS ..................................................................... 21 1. Residential Moving Expense Payments ............................................. 21 2.Rental Assistance to 90-day Tenants/Owner-Occupants Who Choose to Rent ......................................................................................................... 23 3.Down Payment Assistance to Tenants Who Choose to Purchase ..... 24 4.Payments to Mobile Home Owners .................................................... 24 D.LAST RESORT HOUSING .................................................................... 21 E.GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS ..................................................................................................... 217 V.ADMINISTRATIVE PROVISIONS ............................................................. 29 A.RELOCATION TAX CONSEQUENCES ................................................ 29 B.GRIEVANCE PROCEDURES ............................................................... 29 C.EVICTION POLICY ................................................................................ 30 D.CITIZEN PARTICIPATION .................................................................... 30 E.PROJECTED DATE OF DISPLACEMENT ............................................ 31 F. ESTIMATED RELOCATION COSTS .................................................... 31 194 3 LIST OF TABLES Table 1: 2010 Census Population – City of La Quinta Table 2: 2010 Census Housing Units – City of La Quinta Table 3: Affected Residential Dwellings at 46400 Dune Palms Road Table 4: Project Area Rents Table 5: Household Size Table 6: Replacement Housing Needs Table 7: Income Levels of Residential Households Table 8: Ethnicity of Project Households Table 9: Availability and Cost of Replacement Mobile Home Residential Housing Table 10: Schedule of Fixed Moving Payments Table 11: Computation of Rental Assistance Payments LIST OF EXHIBITS EHIBHIT A: Residential Relocation Interview Sample Form EXHIBIT B: Income Limits – County of Riverside EXHIBIT C: Informational Statement - Residential EXHIBIT D: Property Listings - Mobile Homes for Rent / Sale EXHIBIT E: Subject Property Photographs EXHIBIT F: Public Comment and Response 195 4 INTRODUCTION The City of La Quinta (Agency) proposes to widen the east side of Dune Palms Road to its ultimate General Plan width from Westward Ho Drive / Blackhawk Way to a point approximately 330 feet north of the Coachella Valley Storm Water Channel (CVSC) as part of the Dune Palms North Street Improvement Project (Project). The length of the widening improvements is approximately 900 linear feet, and is currently constructed within an 88 foot right of way, and includes a single lane of travel in each direction, and a striped median. This improvement will connect with the widening of Dune Palms Road being undertaken as part of the Dune Palms Bridge Project, which the City is also undertaking. The west half of Dune Palms Road in the project area was built out to its ultimate right of way when the La Quinta High School was constructed. Dune Palms Road is designated a Secondary Arterial, which provides four lanes of traffic, a central median, curb, sidewalk and parkway within a 102 foot right of way. The final widened street section will consist of a 72 feet curb to curb street section, which will provide two 11 foot travel lanes in both directions; a 12 foot wide raised median; an 8 foot bicycle/golf cart lane along each side of the road, adjacent to the curb; and a 6 foot wide sidewalk. A right turn lane is proposed to extend from immediately north of the existing church to Westward Ho, along the length of the vacant City property. The widening of Dune Palms Road will also result in the modification of the existing traffic signal at Westward Ho Drive to correspond with the revised intersection geometry. La Quinta High School is adjacent to the westerly project limits and vacant land, a church and a mobile home park is adjacent to the easterly project limits. Significant impacts are anticipated to the Dune Palms Mobile Estates mobile home park, including the demolition / removal of 5 mobile home units. Permanent relocation of the current Project occupants and personal property is required. Funding for the Project will be from local Agency funds. Due to the displacement necessary to proceed with the Project, the Agency is required to prepare a relocation plan which provides demographic and planning information and sets forth the policies and procedures necessary to conform with the California Relocation Assistance Law (California Government Code Section 196 5 7260 et seq.), the California Relocation and Real Property Acquisition Guidelines (California Code of Regulations, Title 25 Chapter 6, Section 6000 et seq.- the Guidelines), and the rules, regulations and procedures as adopted by the Agency. The following document represents the required Relocation Plan as mentioned above. The Plan was written by Overland, Pacific & Cutler, LLC (OPC), a professional consulting firm specializing in public agency acquisition and relocation projects. The Plan is organized in five sections: 1.The regional and specific location of the Project (SECTION I); 2.An assessment of the relocation needs of those persons subject to displacement as a result of the Project (SECTION II); 3.An assessment of replacement housing within the within the proximity of the Project area (SECTION III); 4.A description of the policies and procedures the Agency will follow to meet displacees’ needs and ensure compliance with state law (SECTION IV); and 5.A review of relocation assistance program to be offered to displaced occupants (SECTION V). 197 6 I.PROJECT SITE LOCATION AND DESCRIPTION A.REGIONAL SETTING The Project site is generally located in the City of La Quinta, within the County of Riverside. The Project site is easily accessible from Highway 111 and Interstate 10.Surrounding communities include Palm Desert, Indian Wells, and Indio. (See Figure 1: Regional Project Location) Figure 1: Regional Project Location 198 7 B. SPECIFIC PROJECT LOCATION The specific portion of the Project site addressed in this Plan is in the northerly central area of the City of La Quinta and is generally bounded by the Coachella Valley Storm Water Channel to the south, Westward Ho Drive / Blackhawk Way to the north, La Quinta High School to the west, and mobile homes / church / vacant lands to the east. (See Figure 2: Project Site Location) Figure 2: Specific Project Site C.GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS According to the 2010 U.S. Census, the population of the City of La Quinta is 37,467, and the population of the impacted Census Tract 452.15 is 8,515 (see Table 1 on the following page). Corresponding Census data concerning the housing mix is shown on the following page in Table 2. DUNE PALMS ROAD 199 8 TABLE 1: 2010 Census Population – City of La Quinta Population Tract 452.15 % City % Total Population 8,515 100.0% 37,467 100.0% White 6,735 79.1%/ 29,489 82.1% Black or African American 137 1.6% 713 1.9% American Indian or Alaska Native 49 0.6% 220 0.6% Asian 489 5.7% 1,176 3.1% Native Hawaiian or Other Pacific Islander 10 0.1% 41 0.1% Some Other Race 770 9.0% 4,595 12.3% Two or More Races 325 3.8% 1,223 3.3% Hispanic or Latino (of Any Race) 2,340 27.5% 11,339 30.3% Source: U.S. Census Bureau, QT-PL. Race, Hispanic or Latino, and Age: 2010 TABLE 2: 2010 Census Housing Units – City of La Quinta Type Block 1001 Tract 874.04 % City % Total Units 2,953 100.0% 14,820 100.0% Owner-Occupied 2,302 78.0% 11,152 75.2% Renter-Occupied 651 22.0% 3,668 24.8% Vacant Housing Units 559 100.0% 8,669 100.0% Available for Sale Only (of Total Vacant Units) 76 13.6% 783 9.0% Available for Rent – Full Time Occupancy (of Total Vacant Units) 47 8.4% 736 8.5% Sold or Rented – Not Occupied 14 2.5% 141 1.6% Otherwise Not Available (e.g. seasonal, recreational, migratory, occasional use) 379 67.8% 6,449 74.4% Other Vacant 43 7.7% 560 6.5% Source: U.S. Census Bureau, QT-H1. General Housing Characteristics: 2010 200 9 II.ASSESSMENT OF RELOCATION NEEDS A.SURVEY METHODOLOGY To obtain information necessary for the preparation of this Plan, personal interviews were conducted with the Project occupants in August 2016. The interviewers were successful in obtaining survey responses from all five of five households in the Project. The data in this section of the Plan are based solely on the unconfirmed responses of those individuals who participated in the survey. Inquiries made of the residential occupants concerned household size and composition, income, monthly rent, length of occupancy, ethnicity, home language, physical disabilities, legal presence status and replacement housing preferences. A Sample of the residential interview form used in the interview process is presented as Exhibit “A” of this report. B.SURVEY DATA 1. Current Occupants There are five residential households to be relocated for the Project. Survey information was obtained from all five occupied residential households. At the time of the interviews, there were thirteen (13) adults and four (4) children (17 years or younger) on-site for a total project occupancy of seventeen (17) persons within the five households interviewed. The Agency has adopted and would adhere to its local housing occupancy standards to make sure housing is of the appropriate size in relocating the affected occupants. Table 3, on the following page, shows current housing impacted by the Project including bedroom size. 201 10 Table 3: Affected Residential Dwellings at 46400 Dune Palms Road Table 3: Affected Residential Dwellings at 46400 Dune Palms Road (Dune Palms Mobile Estates Mobile Home Park) No. Property Type Use Number of Bedrooms Number of Occupants Occupancy Type 1 Residential Mobile Home 2 2 Owner 2 Residential Mobile Home 4 4 Tenant 3 Residential Mobile Home 2 1 Owner 4 Residential Mobile Home 3 5 Owner 5 Residential Mobile Home 3 5 Owner As shown in Table 3 above, the Project includes 5 households occupying mobile home units. One of the affected households is tenant-occupied and the other four (4) are owner-occupied. Occupancy information will assist in determining the relocation needs and scope of assistance provided. 2.Project Area Rents Table 4 below charts monthly rents by bedroom size among the households paying market rate rents. Table 4: Project Area Rents Two Bedroom Three Bedroom Four Bedroom None Listed None Listed $300 In addition to the tenant rents for the mobile homes, there are space or pad rents being paid by each mobile home owner. Pad rents in the Dune Palms Mobile Estates are $560 per month. 202 11 3.Occupancy / Overcrowding There is a total known Project population of seventeen (17) individuals, consisting of thirteen (13) adults and four (4) children. The average household size is 3.4 persons per dwelling unit. The distribution of household sizes within the Project is provided in Table 5 below. Table 5: Household Size # in Household One Two Three Four Five # Households 1 1 0 1 2 The commonly accepted standard for housing density allows 2 persons per bedroom and 1 person in a common living area. Based on this criterion and reported occupant data, there are no overcrowded units. 4.Replacement Housing Needs Replacement housing needs, as expressed in this plan, are defined by the total number of required replacement units and the distribution of those units by bedroom size. The projected number of required units by bedroom size is figured by comparing survey data for household size with typical replacement housing occupancy standards and or what the occupant is currently occupying if greater. These standards, generally, allow for up to 3 persons in a one- bedroom unit, 5 persons in a two-bedroom unit, 7 persons in a three-bedroom unit and 9 persons in a four-bedroom unit. The Project’s replacement housing requirements are summarized in Table 6. Table 6: Replacement Housing Needs Bedroom Size One Two Three Four # Needed - Tenants 0 0 0 1 # Needed - Owners 0 2 2 0 203 12 5.Income Income information was provided by all respondent households interviewed. According to income standards for the County of Riverside (Exhibit “B”) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD), two (2) Project households qualify as extremely low income (30% or less of median), none as very low income (31%-50% of median), two (2) as low income (51%-80% of median), and none as moderate income (81%-120% of median). The range of reported annual household income among the four (4) respondents was $12,000-$48,000. Table 7: Income Levels of Residential Households Extremely Low Very Low Low Moderate 2 0 2 0 Financial status was not disclosed for Unit Number 58 and not included in the table above. 6.Ethnicity / Language The ethnicity of Project area households is shown below in Table 8. Table 8: Ethnicity of Project Households Ethnicity # of Households Project % Hispanic / Latino 5 100% 7.Senior / Handicapped Households There is 1 senior household (head of household or spouse 62 years or older) in the Project, and no households reported having individuals with any disabilities. The Agency acknowledges that should any displacees require special assistance, like barrier-free homes, care will be taken to accommodate them. 204 13 8.Preferred Relocation Areas Most residents expressed a preference to remain in, or around, the immediate area in order to maintain access to medical facilities, employment, recreation, schools, access to relatives / family members and public transportation. Alternative communities mentioned were Indio, Indian Wells, Palm Desert, and Coachella. 205 14 III.RELOCATION RESOURCES A.METHODOLOGY A resource survey was conducted in September and October 2016 to determine the availability of replacement housing units in the community utilizing the following sources: •Contacts with area property management companies and brokers •Classified rental listings from The Desert Sun publication •Internet sources B.REPLACEMENT HOUSING AVAILABILITY 1.Residential Rental Housing Due to the limited number of available mobile homes listed for rent and general mobile home park regulations placed on owners restricting rentals, single family residential homes were included in the housing survey. The survey identified a total of zero (0) available two, three and four bedroom mobile home units and thirty-six (36) available two, three and four bedroom single family residential homes. The number of units found, by bedroom size, are presented alongside the number of units needed (shown in parentheses) of those interviewed to meet re-housing obligations in the tables below. The market / media comparable rent amounts are also provided in the tables below and used to make benefit / budget projections for the plan. Table 9 / Table 10 illustrate mobile homes / single family residential homes for rent, respectively. Table 9: Availability and Cost of Replacement Mobile Home Residential Housing Bedroom Size Two Three Four # Found (# Needed) 0 (0) 0 (0) 0 (1) Rent Range N/A N/A N/A Median Comparable Rent N/A N/A N/A 206 15 Table 10: Availability and Cost of Replacement Single Family Rental Housing Bedroom Size Two Three Four # Found (# Needed) 10 (1) 16 (2) 10 (0) Rent Range $1,195-$2,800 $800-$2,500 $1,775-$2,400 Median Comparable Rent $1,975 $1,675 $2,225 As evidenced by the survey data presented in Tables 9 and 10, there are insufficient mobile homes for rent, however there are adequate numbers of replacement single family housing units to accommodate the tenant households potentially displaced by the Project.. A list of the available rental properties is presented in Exhibit “D”. 2.Mobile Homes for Sale Housing The resource survey identified nine (9) two-bedroom mobile homes, ranging in price from $25,000 to $110,300 with a median price of $54,500. Seven (7) three-bedroom mobile homes were also identified, ranging in price from $59,000 to $120,000 with a median price of $92,000. Three (3) four-bedroom mobile homes were also identified, ranging in price from $47,000 to $174,900 with a median price of $65,900. In addition to searching for mobile homes for sale, a search was conducted for available spaces in nearby parks to move the mobile home, if mobile homes are structurally capable and meet current regulations / codes to allow for relocation. Our resource study for available spaces in nearby parks found 8 available spaces. While there are currently 8 available spaces in 2 mobile home parks, acceptance of used mobile homes to these spaces is dependent on the mobile home park owners and management. Typically, their preference is to move brand new homes to the park. Should a mobile home owner want to move their home rather than purchase a replacement home, such case will be evaluated on an individual basis and the replacement housing entitlement. 207 16 3.Pad Space Rent While surveying for mobile homes for sale, pad rents were considered where available. The resource survey two-bedroom mobile homes had monthly pad rental rates ranging from $600 to $722 with a median price of $657, three-bedroom mobile homes had monthly pad rental rates ranging from $570 to $947 with a median price of $700, and four-bedroom mobile homes had monthly pad rental rates ranging from $560 to $700 with a median price of $700. 4.Conclusion Considering the availability of replacement housing resources gathered over a four week period, it appears that there are more than adequate replacement resources for the residential occupants, both tenants and owner-occupants. But, while adequate replacement resources exist, based on surveyed results of rental and purchase opportunities and the current rent and likely values of existing dwellings, occupants may have increases in monthly rents and/or higher purchase costs. These increases, if any, will be addressed through the Agency’s obligation under the relocation regulations, including Last Resort Housing (LRH) requirements (see Section IV, D). The Agency will provide funds necessary to meet replacement housing obligations due to an increase in monthly rents of these available units or an increase of pad rents for owner-occupants. Individual preferences will be accounted for once the relocation process has begun and a relocation consultant has had the opportunity to speak personally with each resident. It is anticipated that the relocation activities will not necessitate any special housing considerations, other than Last Resort Housing obligations, for the Project to meet the comparable replacement housing requirement. Therefore, with possible benefit payments exceeding statutory amounts through LRH obligations, the relocation activities are not anticipated to create any special housing considerations. With LRH benefit payments, the Project will meet comparable replacement dwelling requirements. 208 17 The Agency intends to closely monitor each individual household’s needs to assure that the relocation process will not create undue economic hardship for the displacees. Furthermore, the Agency will submit this Plan and subsequent resource surveys for review to the local housing, development and planning agencies to be compared to other existing information on housing available. C.RELATED ISSUES 1.Concurrent Residential Displacement There are no other known projects in the area causing displacement at this time which would impact the availability and cost of replacement housing for this Project. 2.Temporary Housing No need for temporary housing is anticipated. Should such a need arise, the Agency will respond appropriately and in conformance with all applicable laws and requirements. 209 18 IV.THE RELOCATION PROGRAM The Agency will provide displacees the assistance and benefits required under State relocation law and the relocation guidelines. The relocation program will provide both advisory and financial assistance. Every effort will be made to facilitate relocation arrangements and minimize hardships for displacees. A.PROGRAM ASSURANCES, STANDARDS, AND OBJECTIVES To meet its regulatory obligations, the Agency will: •Distribute appropriate written information concerning the relocation program to fully inform eligible project occupants of the nature of, and procedures for, obtaining relocation assistance and benefits; •Personally inform all displacees of the nature of, and procedures for, obtaining available relocation assistance and benefits; •Determine the eligibility, needs and relocation preferences of each displacee; •Provide residential displacees with three, and preferably more, referrals to comparable replacement housing within a reasonable time prior to displacement. Finally, assure that no occupant is required to move without a minimum of 90 days written notice to vacate; •Maintain a database of available housing resources and distribute replacement site referrals for the duration of the Project; •Provide assistance that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances; •Supply information concerning federal and state programs and other governmental programs providing assistance to displaced persons; 210 19 •Assist each eligible displacee with the preparation and submission of relocation assistance claims; •Make benefit determinations and payments in accordance with State of California and the adopted relocation guidelines of the City of La Quinta; •Inform all persons subject to displacement of the Agency’s policies with regard to eviction and property management; •Make benefit determinations and payments in accordance with applicable law and Agency policy; and •Establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of the Agency’s decisions with respect to relocation assistance; B.ADVISORY ASSISTANCE Every reasonable effort will be made to ensure that the relocation of displacees occurs with a minimum of delay and hardship. The following specific services will be provided: 1.Each household affected by the Project will be personally interviewed to gather information appropriate to the determination of needs and preferences regarding replacement of existing accommodations; 2.A printed Informational Brochure (see Exhibit “C”) will be provided to all displaced households. Informational Brochures will be provided in Spanish, as necessary. Signed acknowledgments will be obtained to verify receipt of this material; 3.Prior to issuance of a notice-to-vacate, residential displacees will be provided at least three, and preferably multiple, referrals to comparable replacement dwellings, pursuant to Section 6042 of the state relocation guidelines (California Code of Regulations, Title 25, Chapter 6). In no event shall an eligible residential displacee be required to move until 211 20 comparable housing has been made available. Resource surveys and referrals will be undertaken and updated on a continuous basis over the duration of the Project. Generally, a comparable replacement dwelling must satisfy the following criteria: a)The unit is decent, safe and sanitary - electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit is comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space as necessary to accommodate the displaced person; b)The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man-made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person’s place of employment; c)The unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion, or national origin; d)The monthly rental rate is within the financial means of the displaced residential tenant; 4.Transportation will be provided, if necessary, for any displaced resident to inspect replacement sites within the local area. Specific assistance will be offered, as appropriate, to help tenants find housing near friends, relatives, medical facilities and services, and convenient transportation; 5.Assistance will be offered to all displacees in connection with arrangements for the purchase of real property, the completion of applications for replacement housing and the filing of claim forms to request relocation benefits; 212 21 6.Special assistance in the form of referrals to governmental and nongovernmental social service agencies will be made, if needed. Agencies to which referrals may be made include, but are not necessarily limited to the following: a)Federal Social Security Administration b)The Housing Agency of the County of Riverside C.RELOCATION BENEFITS Relocation benefits will be provided in accordance with the applicable provisions of the State relocation law and guidelines. Benefits will be paid to eligible displaced persons upon submission of required claim forms and documentation regarding the rental or purchase of decent, safe and sanitary replacement housing. Eligibility requirements and calculations will be detailed on an individual basis with all displaced households. In the course of personal interviews and follow-up visits, each displaced household will receive counseling regarding available benefit options and the requirements to claim compensation for moving payments and replacement housing assistance. Agency staff will promptly evaluate advance payment requests meant to alleviate hardships for tenants who do not have access to sufficient funds to pay move-in costs such as first month’s rent and/or security deposits. Approved requests for advance payments will be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing. 1. Residential Moving Expense Payments All residential displacees will be eligible to receive a payment for moving expenses. Moving expense payments will be based either on the actual cost of a professional move or a fixed payment amount determined by room count. a.Actual Cost (Professional Move) 213 22 Displacees may elect to retain the service of a professional mover. The cost of professional moving services will be based on the lower of at least two acceptable bids obtained from licensed, professional movers. The Agency may also obtain bids, at its own discretion, in order to determine the most qualified low-bidder for the move. The Agency will make direct payment to the selected mover or provide reimbursement upon presentation of appropriate documentation substantiating the move. Compensable moving elements include packing, transportation, un- packing and insurance. Transportation costs beyond 50 miles are not eligible, unless the Agency determines that relocation beyond 50 miles is justified. In addition to payment for the actual move, one-time re- connection fees related to gas, water, electricity, telephone, internet and television service, are eligible for reimbursement. Deposits required by utility and other residential service providers are not eligible for reimbursement. b.Fixed Payment (Room Count Schedule Method) As an alternative to a professional move, a residential displacee may elect to receive a fixed payment for moving expenses based on the number of furnished or unfurnished rooms in the displacement dwelling. Residential displacees who elect to receive a fixed payment assume full responsibility for the move including the expense of utility re- connections described in (a), above. The current schedule for fixed moving payments is set forth in Table 10, below. TABLE 10: Schedule of Fixed Moving Payments Furnished Dwelling Room Count 1 2 3 4 5 6 7 8 Each Additional Amount $725 $930 $1,165 $1,375 $1,665 $1,925 $2,2215 $2,505 $265 Unfurnished Dwelling Room Count 1 Each Additional Amount $475 $90 214 23 2.Rental Assistance to 90-day Tenants/Owner-Occupants Who Choose to Rent To qualify for a rental assistance payment, residential tenants must have legally occupied their Project area residence for a minimum of ninety (90) days prior to the initiation of negotiations for the Project. Rental/Down payment Assistance payment amounts are equal to 42 times the difference between the base monthly rental and the lesser of: (i)The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling as determined by the Agency; or (ii)The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person; or The base monthly rental for the displacement dwelling is the lesser of: (i)The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the Agency. For owner- occupants or households which paid little or no rent, fair market rent will be used as a substitute for actual rent; or, (ii)Thirty percent (30%) of the displacee’s average gross household income. If a displacee refuses to provide appropriate evidence of income or is a dependent, the base monthly rental shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling. 215 24 Table 11 below provides an example of a typical rental assistance eligibility computation. TABLE 11: Computation of Rental Assistance Payments 1. Old Rent $600 Old Rent (plus Utility Allowance) -or - 2. Ability to Pay $550 30% of Monthly Gross Household Income* 3. Lesser of lines 1 and 2 $550 Subtracted from the lesser of: 4. Actual New Rent $650 Actual New Rent (plus Utility Allowance) -or - 5. Comparable Rent $675 Set by the Agency (plus Utility Allowance) 6. Lesser of lines 4 and 5 $650 7. Monthly Need Amount $100 Subtract line 3 from line 6 Rental Assistance $4,200 Multiply line 7 (Monthly Need) by 42 months * Gross household income means the total annual income of an individual less the following: (1) a deduction of $500 for each dependent in excess of three; (2) a deduction of 10% of total income for the elderly or disabled head of household; (3) a deduction for recurring extraordinary medical expenses defined for this purpose to mean medical expenses in excess of 3% of total income, where not compensated for, or covered by insurance or other sources; (4) a deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head of household or spouse, except that the amount deducted shall not exceed the amount of income received by the person who would not otherwise be able to seek employment in the absence of such care. 3.Down Payment Assistance to Tenants Who Choose to Purchase Residential displacees eligible to receive a rental assistance payment, may choose to utilize up to the full amount of their rental assistance eligibility (including any Last Resort benefits) to purchase a replacement dwelling, provided that the entire eligibility amount is used toward the down payment and eligible incidental closing costs. In the case of Down Payment Assistance claims, the Agency will arrange for the deposit of the total rental assistance eligibility amount in an open escrow account. 216 25 Provisions will be included in the escrow instructions to assure the prompt return of all Agency-provided funds in the event escrow is cancelled by either party or should fail to close within a reasonable period of time. 4.Payments to Mobile Home Owners Mobile home owner-occupants will be eligible to move and set up the unit in a new location, including any existing improvements, providing the total cost of moving the coach does not exceed the replacement cost of a comparable unit. It needs to be noted, however, that current zoning and building code in California practically make it impossible for a coach older than five years to be moved and reestablished at another location. The move options would, therefore, leave only sites outside California and would need to be verified at owners expense. Benefits will include the cost of moving and setting up the existing mobile home, within 50 miles from the Project, and Rental Assistance for space rent. If the mobile home cannot be moved, mobile home owners will have 3 other options with respect to relocation arrangements following the Agency’s offer to purchase as a result of the mobile home not being able to be moved: 1.The owner may elect to sell the mobile home to the Agency for its appraised value-in-place, and purchase a comparable replacement coach in another location; Benefits will include Replacement Housing Payment, Residential Moving Expenses, and Rental Assistance for space rent. 2.The owner may elect to sell the mobile home to the Agency for its appraised value-in-place and apply their entitlement toward the purchase of another type of residential dwelling, including the amount determined for Rental Assistance for space rent. Benefits will include Replacement Housing Payment, Residential Moving Expenses, and Rental Assistance for space rent. 217 26 3.The owner may elect to sell the mobile home to the Agency for its appraised value-in-place and rent an alternate type of residential unit. The owner will be entitled to utilize up to the total of the replacement housing eligibility in the form of rental assistance. Actual rental assistance eligibility will be determined by subtracting the difference between the economic rent of the mobile home residence from the market rent for an apartment unit of comparable size (e.g. number of bedrooms) multiplied by 42 months, not to exceed the replacement housing determination. D.LAST RESORT HOUSING Whenever comparable replacement housing is not available or not available within the monetary limits of $5,250 for tenants or $22,500 for owners, a displaced household will be entitled to consideration for supplementary benefits in the form of Last Resort Housing. Tenants who fail to meet 90-day occupancy requirements and comparable replacement housing exceeds 30% of the persons gross monthly income may be eligible for Last Resort Housing Assistance. Non 90-day qualifiers must meet the basic eligibility requirements applied to all other displacees. The Agency, at its sole discretion, may opt to pay Last Resort rental assistance payments on a periodic basis. Recipients of Last Resort rental assistance who intend to purchase rather than re-rent replacement housing, have the right to request a lump sum payment of all benefits for the purpose of making a down payment and paying standard, non-recurring closing costs. Households receiving periodic payments may elect, at any time, to request a lump sum payment of all remaining benefits to assist with the purchase of a decent, safe and sanitary dwelling. All standard claim processing procedures will be applied to Last Resort payments including the lump sum disbursement of approved benefits. Based on data derived from the surveys and analyses of the occupants in the Project area and costs of replacement housing resources, it is anticipated that “comparable replacement housing” will not be available as required. Specifically, for renters, when the computed replacement housing assistance eligibility exceeds $5,250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceeds 30% of the person’s average 218 27 monthly income; or, for homeowners, replacement dwellings (including related increased interest costs and other reasonable expenses including closing costs) that do not exceed the total of the amount of just compensation provided for the dwelling acquired and the statutory maximum $22,500 replacement housing payment available to the person. E.GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the Agency within 18 months from: c.The date the claimant moves from the acquired property; or, d.The date on which final payment for the acquisition of real property is made, whichever is later. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: 1)Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance; 2)Payment amounts will be determined in accordance with the provisions of the State relocation law and guidelines; 3)Required claim forms will be prepared by relocation personnel and reviewed with claimants. Signed claims and supporting documentation will be submitted by relocation personnel to the Agency; 4) The Agency will review all claims for payment and determine whether to approve, deny, or seek additional information; 5) The Agency will issue benefit checks for distribution to claimants by relocation staff; 219 28 6)Final payments will be issued only after confirmation that the Project premises have been completely vacated and occupancy of the replacement unit is verified; 7)All correspondence, back-up documentation, claims, receipts of payment and notices will be maintained in the relocation case file. 220 29 V.ADMINISTRATIVE PROVISIONS A.RELOCATION TAX CONSEQUENCES California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been re- designated as the Internal Revenue Code of 1986. No federal dollars are anticipated for this Project. Therefore, federal regulations may not apply and the IRS may consider relocation payments as income. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein) B.GRIEVANCE PROCEDURES The Agency's Relocation Appeals process will comply with the Provisions of Article 5 of the State relocation guidelines. The right to appeal shall be described in all relocation explanatory material distributed to displacees. Displacees have the right to ask for administrative review when they believe themselves aggrieved by a determination as to eligibility, the amount of payment, the failure to provide comparable replacement housing referrals or the Agency’s property management practices. Requests for review will be directed to the appropriate Agency official. Further details concerning the appeals process will be provided upon request. 221 30 C.EVICTION POLICY Under the State relocation guidelines, eviction is permissible only as a last resort and may not be used as a means to avoid relocation payment obligations. A displaced person’s eviction will affect eligibility for relocation assistance and benefits. Eviction may be undertaken only for one or more of the following reasons: •Failure to pay rent, except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services; •Performance of a dangerous, illegal act in the unit; •Material breach of the rental agreement and failure to correct breach within 30 days of notice; •Maintenance of a nuisance and failure to abate within a reasonable time following notice; •Refusal to accept one of a reasonable number of offers of replacement dwellings; •A requirement under State or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the public entity. D.CITIZEN PARTICIPATION As the process for considering the Project moves forward, the Agency will observe the following protocol: 1.Provide affected tenants with full and timely access to documents relevant to the relocation program and the availability to form a relocation committee; 222 31 2.Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 3.Issuance of a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; 4.The inclusion of written or oral comments concerning the Plan and Agency response as an attachment (Exhibit “F”), when it is forwarded to the City Council for adoption; 5.Collect and submit for review the Project survey results to the local housing, development and planning agencies. E.PROJECTED DATE OF DISPLACEMENT The Agency anticipates that the relocation process will begin in Spring of 2017 and be completed by late fall of 2017. F.ESTIMATED RELOCATION COSTS The total budgetary estimate for relocation-related payments for this Project is $300,000. The estimated relocation budget does not include any payments related to property acquisition or improvements pertaining to realty. The budget does not consider the cost of any services necessary to implement the Plan and complete the relocation element of the Project. 223 32 EXHIBIT A: Residential Relocation Interview Sample Form 224 Client/Project:Case ID: Site Address:Total occupants:Interview Date:□Unoccupied City, St, ZIP:Interviewer:□No Contact INDIVIDUAL OCCUPANTS (use additional pages as needed) 1. Name:Gender: F M Employer/School: Relationship (list 1): HEAD OF HOUSEHOLD □ID verified Income srce (list 2):Income/empl. description:Hire/start date:Mo Income: Lawful presence (list 3):Date of birth: Phone/fax/email:Move-in date: Notes/special needs: 2. Name:Gender: F M Employer/School: Relationship (list 1):□ID verified Income srce (list 2):Income/empl. description:Hire/start date:Mo Income: Lawful presence (list 3):Date of birth: Phone/fax/email:Move-in date: Notes/special needs: 3. Name:Gender: F M Employer/School: Relationship (list 1):□ID verified Income srce (list 2):Income/empl. description:Hire/start date:Mo Income: Lawful presence (list 3):Date of birth: Phone/fax/email:Move-in date: Notes/special needs: 4. Name:Gender: F M Employer/School: Relationship (list 1):□ID verified Income srce (list 2):Income/empl. description:Hire/start date:Mo Income: Lawful presence (list 3):Date of birth: Phone/fax/email:Move-in date: Notes/special needs: 5. Name:Gender: F M Employer/School: Relationship (list 1):□ID verified Income srce (list 2):Income/empl. description:Hire/start date:Mo Income: Lawful presence (list 3):Date of birth: Phone/fax/email:Move-in date: Notes/special needs: 6.Name:Gender: F M Employer/School: Relationship (list 1):□ID verified Income srce (list 2):Income/empl. description:Hire/start date:Mo Income: Lawful presence (list 3):Date of birth: Phone/fax/email:Move-in date: Notes/special needs: © 1980-2008 Overland, Pacific & Cutler, LLC (08/08) Residential Relocation Interview Page 1225 DWELLING HOUSEHOLD Mailing Address:□Primary residence of all occupants? (If not, explain in notes) City, St, ZIP:□Can someone read/understand English? If not, language: Carbon Copy Address:Race/Ethnicity: □ American Indian/Alaskan □ Asian City, St, ZIP:□Black/African-American □ Hawaiian/Pacific Islander Dwelling Type (list 4):□Hispanic/Latino □ White □ Other □ Mixed Bedrooms:Attic/Utility/Storage:Approx Sq Ft:Subscribe to: □ Land phone □ TV service □ Internet Kitchen:Basement:Bathrooms:□Home-based business? (describe in notes) Living/family rooms:Garage:Garage Spaces:□Rent rooms in dwelling? (describe in notes) Dining room:Other/Extra:Carport Spaces:□On fixed income or public assistance? (describe in Occupants) Den/Office:Parking Spaces:□Disabled occupants? (describe modifications/needs in Occupants) Total Rooms:Number of cars:Replacement site special needs (mark and describe in Notes) Air Cond: □Central □Wall/Window □Heat Pump □Evap./Swamp □None □Employment access □Shopping Heating: □FAU □Radiant □Hot Water □Space Htr □Solar □Heat Pump □Public transport □Religious Dwelling Condition: □ Good □ Fair □ Poor □Medical facilities/services □Social/Public services Neighborhood Condition: □ Good □ Fair □ Poor □School needs □Relatives/Ethnic Amenities:□Childcare □Other special needs □All occupants to move to the same dwelling? (if not, explain in notes) TENANT Replacement dwelling preference: □ Rent □ Buy Rent terms: □ Month-Month □ Lease, months left:Can relocate from: □ Neighborhood □ City □ County □ State □ Rent reduced in exchange for service □Unit furnished by tenant Preferred relocation areas: Monthly contract rent: $Security deposit: $ HOMEOWNER Landlord/manager name/ph: Lot Size (sq ft):Date purchased: Age (yrs): □Written rental agreement available?□Rent receipts available?□Own clear with no mortgages/loans # of stories: □Receiving Section 8 or other housing assistance?1st Loan Information 2nd Loan Information Caseworker name/ph:Lender:Lender: Monthly tenant portion of rent: $Loan Type (list 5):Loan Type (list 5): Annual family/child care expenses to allow work: $Current % Rate:Current % Rate: Annual non-reimbursed medical expenses: $Principal Balance: $Principal Balance: $ Annual non-reimb. handicapped assistance expenses: $Original Date:Original Date: Utilities paid by tenant:Pets:Remaining months:Remaining months: □Gas: $Monthly P&I payment:Monthly P&I payment: □Electric: $Energy source: Gas Electr Oil Other MOBILE HOME □Water: $Cooking Stove: □ □ □ ____Pad space: □ Rent □ Own Coach: □ Rent □ Own □Sewer: $Water Heater: □ □ □ ____Pad rent: $Make/Model: □Trash: $Space Heat:□ □ □ ____Coach length (ft):Year: □NONE Air Conditioning: □ □ □ ____Coach width (ft):Decal #: © 1980-2008 Overland, Pacific & Cutler, LLC (08/08)Page 2 Total physical and content rooms to move: 226 INTERVIEW NOTES (explain all special dwelling/household circumstances, including those noted on page 2) 1. Relation: Spouse, Child, Foster Child, Parent, Partner, Sibling, Aunt/Uncle, Cousin, Grandparent, Parent In-Law, Sibling In-Law, Other Relative, Roommate 2. Income: Wages/Salaries, Social Security/Disab/Pension, Child Support/Alimony, Welfare/TANF/AFDC, Family Subsidy/Gift, Business Income, Interest/Dividends, Unempl./Workers Comp, AF pay, EITC, Cash Income, Rent Reduction, Other 3. Legal Status: Unknown, Citizen/National, Lawful Other, NOT Lawful, Decline to provide. 4. Dwelling: SFR, Duplex, 3-Plex, 4-Plex, Apartment, Condo/Townhome, Hotel/Motel, Mobile Home, RV, Other 5. Loans: Fixed Mortgage, Adjustable Mortgage, Interest Only, Fixed HELOC, Adjustable HELOC, Reverse Mortgage, Other Claimant Name:Date:Signature: © 1980-2008 Overland, Pacific & Cutler, LLC (08/08) I certify that all occupants have been identified above and that all information provided for this survey is true and complete to the best of my knowledge. Page 3227 INDIVIDUAL OCCUPANTS (use additional pages as needed) #Name:Gender: F M Employer/School: Relationship (list 1):□ID verified Income srce (list 2):Income/empl. description:Hire/start date:Mo Income: Lawful presence (list 3):Date of birth: Phone/fax/email:Move-in date: Notes/special needs: #Name:Gender: F M Employer/School: Relationship (list 1):□ID verified Income srce (list 2):Income/empl. description:Hire/start date:Mo Income: Lawful presence (list 3):Date of birth: Phone/fax/email:Move-in date: Notes/special needs: #Name:Gender: F M Employer/School: Relationship (list 1):□ID verified Income srce (list 2):Income/empl. description:Hire/start date:Mo Income: Lawful presence (list 3):Date of birth: Phone/fax/email:Move-in date: Notes/special needs: #Name:Gender: F M Employer/School: Relationship (list 1):□ID verified Income srce (list 2):Income/empl. description:Hire/start date:Mo Income: Lawful presence (list 3):Date of birth: Phone/fax/email:Move-in date: Notes/special needs: #Name:Gender: F M Employer/School: Relationship (list 1):□ID verified Income srce (list 2):Income/empl. description:Hire/start date:Mo Income: Lawful presence (list 3):Date of birth: Phone/fax/email:Move-in date: Notes/special needs: #Name:Gender: F M Employer/School: Relationship (list 1):□ID verified Income srce (list 2):Income/empl. description:Hire/start date:Mo Income: Lawful presence (list 3):Date of birth: Phone/fax/email:Move-in date: Notes/special needs: © 1980-2008 Overland, Pacific & Cutler, LLC (08/08)Page 1A228 33 EXHIBIT “B”: Income Limits – County of Riverside The following 2016 figures are approved by the U. S. Department of Housing and Urban Development (H.U.D.) for use in the County of Riverside to define and determine housing eligibility by income level. Area Median Income - $65,000 Family Size Extremely Low Very Low Lower 1 Person $14,100 $23,450 $37,550 2 Person $16,100 $26,800 $42,900 3 Person $20,160 $30,150 $48,250 4 Person $24,400 $33,500 $53,600 5 Person $28,440 $36,200 $57,900 6 Person $32,580 $38,900 $62,200 7 Person $36,730 $41,550 $66,500 8 Person $40,890 $44,250 $70,800 Figures are per the Department of Housing and Urban Development (California), effective May 24th, 2016. 229 34 EXHIBIT “C”: Informational Statement - Residential 230 © 1980-2016 Overland, Pacific & Cutler, LLC (Feb-16) Page 1 of 7 Relocation Assistance Informational Statement for Families and Individuals - Mobile Homes (CA State) Displacing Agency: City of La Quinta Project Name: Dune Palms Street Improvement Project Displacing Agency Representative: Overland, Pacific & Cutler, LLC 2280 Market Street, Ste 200 Riverside, CA 92501 Phone: 760-776-1238 Informational Statement Content: 1.General Information 2. Assistance in Locating A Replacement Dwelling 3.Moving Benefits 4.Replacement Housing Payment – Mobile Home Tenants and Certain Others 5.Section 8 Tenants 6.Replacement Housing Payment – Mobile Home Homeowners 7.Qualification For and Filing of Relocation Claims 8.Last Resort Housing Assistance 9.Rental Agreement 10.Evictions 11.Appeal Procedures – Grievance 12.Tax Status of Relocation Benefits 13.Non-Discrimination and Fair Housing 14.Additional Information and Assistance Available Spanish speaking agents are available. Si necesita esta información en español, por favor llame a su agente. 231 © 1980-2016 Overland, Pacific & Cutler, LLC (Feb-16) Page 2 of 7 Informational Statement for Families and Individuals – Mobile Homes (CA State) 1. GENERAL INFORMATION The dwelling in which you now live is in a project area to be improved by, or financed through, the Displacing Agency using state and/or local funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the state law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don’t provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, LLC (OPC) to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your relocation agent at Overland, Pacific & Cutler, LLC, so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency’s relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. 2.ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Displacing Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation agent will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. 3.MOVING BENEFITS If you must move as a result of displacement by the Displacing Agency, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving 232 © 1980-2016 Overland, Pacific & Cutler, LLC (Feb-16) Page 3 of 7 your household belongings may be determined based on the following methods: •A Fixed Moving Payment based on the number of rooms you occupy (see below); or •A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; or •A combination of both (in some cases). For example, you may choose a Self-Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and/or other items that require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. A.Fixed Moving Payment (Self-Move) A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Displacing Agency, and ranges, for example, from $475.00 for one furnished room to $2,505.00 for eight rooms in an unfurnished dwelling. (For details see the table). Your relocation agent will inform you of the amount you are eligible to receive, if you choose this type of payment. If you select a fixed payment, you will be responsible for arranging for your own move, and the Displacing Agency will assume no liability for any loss or damage of your personal property. A fixed payment also includes utility hook-ups and other related moving fees. B.Actual Moving Expense (Professional Move) If you wish to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation agent will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a “mover” scope of services for Displacing Agency approval. 4.MOBILE HOME TENANTS AND CERTAIN OTHERS - REPLACEMENT HOUSING PAYMENT You may be eligible for a payment of up to $5,250.00 to assist you in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied the present dwelling for at least 90 days prior to the initiation of negotiations or an owner who has occupied the present dwelling between 90 and 180 days prior to the initiation of negotiations. A.Rental Assistance. If you qualify, and wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over a forty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent and estimated utilities or thirty percent (30%) of your gross monthly household income. You will be required to provide your relocation agent with monthly rent and household income verification prior to the determination of your eligibility for this payment. -OR - Fixed Moving Schedule CALIFORNIA (Effective 2015) Occupant Owns Furniture: 1 room $725 2 rooms $930 3 rooms $1,165 4 rooms $1,375 5 rooms $1,665 6 rooms $1,925 7 rooms $2,215 8 rooms $2,505 Each additional room $265 Occupant does NOT Own Furniture: 1 room $475 Each additional room $90 233 © 1980-2016 Overland, Pacific & Cutler, LLC (Feb-16) Page 4 of 7 B.Down-payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down-payment and non-recurring incidental expenses. Your relocation agent will clarify procedures necessary to apply for this payment. Where a tenant is sharing a dwelling with an owner-occupant and paying the owner-occupant rent for the privilege, the tenant shall not be entitled to more than one-half of the rental assistance otherwise payable. 5.SECTION 8 TENANTS When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation agent will provide counseling and other advisory services along with moving benefits. 6.MOBILE HOME HOMEOWNERS - REPLACEMENT HOUSING & MOVING PAYMENTS A.Replacement Housing Option - If you own and occupy a mobile home to be purchased by the Displacing Agency for at least 180 days prior to the initiation of negotiations, you may be eligible to receive a payment of up to $22,500.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1.Purchase Price Differential - An amount which, when added to the amount for which the Displacing Agency purchased your mobile home, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Displacing Agency as necessary to purchase a comparable replacement dwelling. Your relocation agent will explain both methods to you. 2.Mortgage Interest Differential - The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation agent will explain limiting conditions. 3.Incidental Expenses - Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B.Rental Assistance Option - If you are an owner-occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between an economic rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. 234 © 1980-2016 Overland, Pacific & Cutler, LLC (Feb-16) Page 5 of 7 C.Space Rent Differential - If you decide to purchase another mobile home or move your mobile home, you may be eligible for additional assistance to cover any increased space rent at the facility to which you relocate. Your maximum rental assistance benefits will be based upon the difference over a forty-two (42) month period between the rent and estimated utilities you must pay for a comparable replacement dwelling (as determined by the Displacing Agency) and the lesser of your current rent and average utilities or thirty percent (30%) of your gross monthly household income. This space rent differential payment may be used to lease a replacement site; may be applied to the purchase price of a replacement site; or may be applied, with any replacement housing payment attributable to the mobile home, to the purchase of a replacement mobile home or conventional “decent, safe and sanitary” dwelling. D.Moving Option - If your coach is movable and you elect to have the Displacing Agency move your coach to another park, the Displacing Agency will pay for the following: 1.Preparation of your coach for moving; 2.Transport of your coach to a new site (within 50 miles); 3.Set-up of your coach at the new location (including code required modifications such as earthquake strapping); 4.Reconstruction or reinstallation of all appurtenances such as porches, awnings and/or storage buildings; which are not acquired; 5.Payment of all fees for reinstallation; 6.Space Rent Differential, as described above; and 7.Other expenses which the Displacing Agency deems to be reasonable and necessary. NOTE: The cost of replacing landscaping and hardscape improvements is not covered. 7.QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following: •For a tenant, the date you move from the displacement dwelling. •For an owner-occupant, the latter of: a.The date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court,: or b.The date you move from the displacement dwelling. All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date on which you move, whichever is later. Failure to occupy the replacement dwelling or to submit claims within the above time limits could result in loss of moving and/or replacement housing benefits. 235 © 1980-2016 Overland, Pacific & Cutler, LLC (Feb-16) Page 6 of 7 8.LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Displacing Agency will provide Last Resort Housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced person. Your relocation agent will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and Last Resort eligibility must be applied toward the down-payment and eligible incidental expenses of the home you intend to purchase. 9.RENTAL AGREEMENT As a result of the Displacing Agency's action to purchase the property where you live, you may become a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. 10. EVICTIONS Any person, who occupies the real property and is not in unlawful occupancy, is presumed to be entitled to relocation benefits. Except for the causes of eviction set forth below, no person lawfully occupying property to be purchased by the Agency will be required to move without having been provided with at least 90 days written notice from the Agency. Eviction will be undertaken only in the event of one or more of the following reasons: •Failure to pay rent; except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services; •Performance of dangerous illegal act in the unit; •Material breach of the rental agreement and failure to correct breach within the legally prescribed notice period; •Maintenance of a nuisance and failure to abate within a reasonable time following notice; •Refusal to accept one of a reasonable number of offers of replacement dwellings; or •The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity. 11.APPEAL PROCEDURES - GRIEVANCE Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Displacing Agency’s Relocation Assistance Program may have the appeal application reviewed by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 236 © 1980-2016 Overland, Pacific & Cutler, LLC (Feb-16) Page 7 of 7 12.TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. No federal dollars are anticipated for this project. Therefore, federal regulations may not apply and the IRS may consider relocation payments as income. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein) 13. NON-DISCRIMINATION AND FAIR HOUSING No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency’s relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti-discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 14.ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation agent at Overland, Pacific & Cutler. 237 35 EXHIBIT “D”: Property Listings - Mobile Homes for Rent / Sale 2 Bedroom Mobile Homes for Rent Number Address Monthly Rent None Found 3 Bedroom Mobile Homes for Rent Number Address Monthly Rent None Found 4 Bedroom Mobile Homes for Rent Number Address Monthly Rent None Found 2 Bedroom Single Family Residential Homes for Rent Number Address Monthly Rent 1 630 N Plaza Amigo, Palm Springs, CA $2,800 2 80358 Avenida Linda Vis, Indio, CA $2,500 3 414 E Via Ensenada Cir, Palm Springs, CA $2,300 4 52180 Desert Spoon Court, La Quinta, CA $2,100 5 73476 Sun Ln, Palm Desert, CA $2,100 6 584 N Plaza Amigo, Palm Springs, CA $1,850 7 80895 Via Puerta Azul, La Quinta, CA $1,800 8 210 S Louella Rd, Palm Springs, CA $1,500 9 45432 Panorama Dr, Palm Desert, CA $1,499 10 44796 Cabrillo Ave, Palm Desert, CA $1,195 238 36 3 Bedroom Single Family Residential Homes for Rent Number Address Monthly Rent 1 54060 Avenida Vallejo, La Quinta, CA $2,500 2 81831 Victoria Street, Indio, CA $2,000 3 48129 Vista Cielo, La Quinta, CA $1,950 4 51062 Sorrel Court, Indio, CA $1,875 5 78715 Saguaro Road, La Quinta, CA $1,850 6 80147 Tangier Avenue, Indio, CA $1,800 7 78255 Cloud View Way, La Quinta, CA $1,750 8 81157 La Reina Circle, Indio, CA $1,700 9 51304 Mystic Tyme Drive, Indio, CA $1,650 10 82913 Spirit Mountain Drive, La Quinta, CA $1,600 11 54260 Avenida Madero, La Quinta, CA $1,500 12 52905 Avenida Herrera, La Quinta, CA $1,475 13 53880 Avenida Carranza, La Quinta, CA $1,450 14 52195 Avenida Rubio, La Quinta, CA $1,450 15 53200 Avenida Alvarado, La Quinta, CA $1,400 16 53280 Avenida Carranza, La Quinta, CA $800 4 Bedroom Single Family Residential Homes for Rent Number Address Monthly Rent 1 81369 Avenida Alamitos, Bermuda Dunes, CA $2,400 2 41276 Gaslight Ave, Bermuda Dunes, CA $2,400 3 81369 Avenida Alamitos, Indio CA $2,300 4 42305 Everest Dr, Indio, CA $2,300 5 42290 Matterhorn Dr, Indio CA $2,250 6 83655 Swinton Dr, Indio, CA $2,200 7 49190 Marimba Court, La Quinta, CA $2,050 8 42724 Corvado St, Indio, CA $1,900 9 48602 Anastacia Court, Indio, CA $1,800 10 80722 Diamondback, Indio, CA $1,775 239 37 2 Bedroom Mobile Homes for Sale Number Address Purchase Price Pad Rent 1 30 International Boulevard, Rancho Mirage, CA $110,300 $614.00 2 30 International Boulevard, Rancho Mirage, CA $92,500 $614.00 3 316 Marble Ln, Palm Springs, CA $67,000 $722.00 4 50001 Hwy 74, Palm Desert, CA (1 Circle A) $54,900 $700.00 5 901 Gem Dr, Palm Springs, CA $54,500 $722.00 6 116 Valley Dr, Palm Springs, CA $45,000 * 7 50001 Hwy 74, Palm Desert, CA (1 Circle A) $29,900 $700.00 8 51555 Monroe St SPC 108, Indio, CA $29,000 $600.00 9 51555 Monroe St SPC 152, Indio, CA $25,000 $600.00 * Denotes could not verify if pad rent is required and/or the amount 3 Bedroom Mobile Homes for Sale Number Address Purchase Price Pad Rent 1 30 International Boulevard, Rancho Mirage, CA $120,000 $614 2 50001 Hwy 74, Palm Desert, CA - 8 Diamond E $109,000 $700 3 231 Centennial St, Rancho Mirage, CA $57,900 $600 4 70 Rio Street, Rancho Mirage, CA $92,000 $947 5 50001 Hwy 74, Palm Desert, CA - 18 Lazy B Drive $109,000 $700 6 50001 Hwy 74, Palm Desert, CA - 11 Box C $87,900 $700 7 5 Venus Street, Palm Springs, CA $59,000 $570 4 Bedroom Mobile Homes for Sale Number Address Purchase Price Pad Rent 1 13 Circle A Dr, Palm Desert, CA $65,900 $700 2 253 Suez Street, Palm Springs CA $47,900 $700 3 93 Acapulco Street, Rancho Mirage CA $174,900 $560 240 38 EXHIBIT E: Subject Property Photographs Unit 58 241 39 Unit 59 242 40 Unit 82 243 41 Unit 83 244 42 Unit 84 245 43 EXHIBIT “F”: Public Comments and Response 246