CC Resolution 2019-033 Dune Palms Bridge Relocation Plan - Superseded RESOLUTION NO. 2019 - 033
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
AND ADOPTING THE RELOCATION PLAN
PREPARED FOR THE ACQUISITION OF
PERMANENT ROADWAY AND PUBLIC UTILITY
EASEMENT INTERESTS IN A PORTION OF
CERTAIN REAL PROPERTY IDENTIFIED AS
ASSESSOR PARCEL NO 600-030-010, 46400
DUNE PALMS ROAD, SPACE 31 MOBILE HOME
COACH, LOCATED IN LA QUINTA, RIVERSIDE
COUNTY, CALIFORNIA, FOR THE DUNE PALMS
ROAD BRIDGE 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
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Dune Palms Road Low Water Crossing
Bridge Project
FINAL RELOCATION PLAN
Prepared for:
CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7000
By:
Overland, Pacific & Cutler, LLC
2280 MARKET STREET, SUITE 200
RIVERSIDE, CA 92501
(951) 683-2353
JULY 19, 2019
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TABLE OF CONTENTS
INTRODUCTION ........................................................................................................................................... 4
I. PROJECT SITE LOCATION AND DESCRIPTION ..................................................................................... 5
A. REGIONAL LOCATION ............................................................................................................... 5
B. PROJECT SITE LOCATION AND DESCRIPTION .................................................................. 5
C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS .................................. 7
II. ASSESSMENT OF RELOCATION NEEDS ................................................................................................. 8
A. SURVEY METHODOLOGY ........................................................................................................ 8
B. FIELD SURVEY DATA ................................................................................................................ 8
1. Housing Mix ...................................................................................................................... 6
2. Project Area Rents .............................................................................................................. 9
3. Occupancy Overcrownding .............................................................................................. 7
4. Replacement Housing Needs .............................................................................................. 7
5. Income .............................................................................................................................. 10
6. Ethnicity/Language ........................................................................................................... 10
7. Senior/Handicapped Households ........................................................................................ 8
8. Preferred Relocation Areas ................................................................................................. 8
III. RELOCATION RESOURCES ..................................................................................................................... 10
A. METHODOLOGY ........................................................................................................................ 10
B. COMPARABLE REPLACEMENT HOUSING AVAILABILITY .......................................... 11
1. Residential Rental Housing ............................................................................................ 11
2. Mobile Home for Sale Housing .......................................................................................... 8
3. Pad Rent .............................................................................................................................. 8
4. Summary ............................................................................................................................ 9
C. RELATED ISSUES ...................................................................................................................... 12
1. Concurrent Residential Displacement ............................................................................ 12
2. Temporary Housing ........................................................................................................ 13
IV. THE RELOCATION PROGRAM ................................................................................................................ 11
A. ADVISORY ASSISTANCE ......................................................................................................... 13
B. RELOCATION BENEFITS ......................................................................................................... 16
1. Residential Moving Expense Payments ......................................................................... 16
a. Actual Cost (Professional Move) ........................................................................... 13
b. Fixed Payment (based on Room Count Schedule) ................................................ 13
2. Rental Assistance to Tenants Who Choose to Rent ...................................................... 17
3. Downpayment Assistance to Tenants Who Choose to Purchase ................................. 18
4. Relocation Benefits – Offsite Owners of Rental Income Property ............................ 16
C. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION
BENEFITS ..................................................................................................................................... 19
D. LAST RESORT HOUSING ......................................................................................................... 20
E. IMMIGRATION STATUS ........................................................................................................... 20
F. RELOCATION TAX CONSEQUENCES .................................................................................. 20
V. ADMINISTRATIVE PROVISIONS ............................................................................................................ 21
A. NOTICES ....................................................................................................................................... 21
B. PRIVACY OF RECORDS ........................................................................................................... 22
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C. GRIEVANCE PROCEDURES .................................................................................................... 22
D. EVICTION POLICY ..................................................................................................................... 22
E. CITIZEN PARTICIPATION ........................................................................................................ 23
F. PROJECTED DATE OF DISPLACEMENT .............................................................................. 24
G. ESTIMATED RELOCATION COSTS ....................................................................................... 24
LIST OF TABLES
TABLE 1: 2010 Census Population – City & Impacted Tract 5
TABLE 2: 2010 Census Housing units – City & Impacted Tract 5
TABLE 3: Availability and Cost of Replacement Rental Housing 9
TABLE 4: Schedule of Fixed Moving Payments 14
TABLE 5: Computation of Rental Assistance Payments 15
LIST OF EXHIBITS
EXHIBIT A: Residential Interview Form
EXHIBIT B: HUD Income Levels – Riverside County
EXHIBIT C: Residential Informational Statement- Mobile Homes (Federal)
EXHIBIT D: Residential Informational Statement- Families and Individuals (Federal)
EXHIBIT E: Non-Residential Informational Statement for Business (Federal)
EXHIBIT F: Mobile Homes for Sale
EXHIBIT G: Single Family Residential Rentals
EXHIBIT H: Public Comments and Responses
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INTRODUCTION
The City proposes to construct an all-weather crossing and remove the existing low-water crossing
of Dune Palms Road at the Coachella Valley Storm Water Channel (CVSWC) in the City of La
Quinta, in Riverside County. The crossing will consist of 480 feet long and 86 feet wide four-span
bridge. The bridge typical section consists of six-foot sidewalk on both sides of the bridge, two
(2) eight-foot outside shoulders also serving as bike/golf cart lanes, a 10-foot raised median, two
(2) eleven-foot travel lanes, and two (2) twelve-foot travel lanes. Other project features include
reconstruction of the north and south bridge approaches to accommodate the raised profile of the
roadway to meet the bridge elevation, installation of concrete slope protection at the northwest and
southeast corners of the bridge, relocation of overhead electrical distribution lines, and relocation
of sewer lines at the northern bridge abutment.
This improvement will connect with the widening of Dune Palms Road to include widening of 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 Coachella Valley Storm Water
Channel.
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 2 mobile
home units, and a single-family residential unit. Permanent relocation of the current Project
occupants identified on this plan and personal property is anticipated. The City was successful in
obtaining federal Highway Bridge Program (HBP) funding for 88.53 percent of the design, right-
of-way acquisition, and construction costs for the new Dune Palms Road Bridge.
Due to the displacement proposed by the Project, the City has prepared a relocation plan which
provides demographic and planning information and sets forth the policies and procedures
necessary to conform with the requirements of the Federal Uniform Relocation and Real Property
Acquisition Policies Act of 1970, as amended (URA), Title 25, California Code of Regulations
Chapter 6, Article 1, Section 6000 et seq (Guidelines).
This Plan was written by Overland, Pacific & Cutler, LLC. (OPC), a professional consulting firm
specializing in public acquisition and relocation projects.
The Plan is organized in five sections:
1. Project location and description (SECTION I);
2. Assessment of the relocation needs of persons subject to displacement (SECTION II);
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3. Assessment of available replacement housing units within the La Quinta and
surrounding communities (SECTION III);
4. Description of the City’s relocation program (SECTION IV);
5. Description of the City’s administrative provisions (SECTION V).
I. PROJECT SITE LOCATION AND DESCRIPTION
A. REGIONAL PROJECT LOCATION
The Project site is generally located in the City, within the County of Riverside. The Project site
is easily accessible from Highway 111 and Interstate 10. Surrounding communities include,
Bermuda Dunes, Indio, Coachella, Palm Desert, Rancho Mirage, and Indian Wells. (See Figure 1:
Regional Project Location)
Figure 1: Regional Project Location
B. PROJECT SITE LOCATION AND DESCRIPTION
The specific portion of the Project site addressed in this Plan is in the northerly central area of the
City and is generally bounded by the Coachella Valley Storm Water Channel to the south,
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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: Project Site Location –46400 Dune Palms Road
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C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS
According to the July 1, 281 (V2018) U.S. Census, the population data of the City is 41,535, 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.
TABLE 1: 2010 Census Population – City
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
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
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II. ASSESSMENT OF RELOCATION NEEDS
A. SURVEY METHODOLOGY
To obtain information necessary for the preparation of this Plan, personal interviews with the
households that may be displaced were conducted by OPC staff in November 2018. The
interviewers were successful in obtaining survey responses from all project households in the
Project.
Inquiries made of the residential occupants concerned household size and composition, income,
monthly rent and estimated utility costs, length of occupancy, ethnicity, home language, physical
disabilities, legal presence status, relocation needs, 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. FIELD SURVEY DATA
There are three residential households, which will be permanently relocated for the Project as
presently planned. At the time of the interviews, the households consisted of six adults and four
children (10 years or younger) for a total of 10 individuals to be displaced. There is 1 known non-
occupant owner of investment property that will potentially be affected as a result of the proposed
Project’s acquisitions. This owner leases their space within the proposed Project boundaries to
residents occupying the area. To the extent that off-site owner’s activity may be is considered a
business, it may be eligible to receive assistance and benefits for expenses actually incurred in
reestablishing the business at a replacement property site, in the amount not to exceed $25,000.
These and other benefits are outlined in Section IV.
1. Housing Mix
The proposed Project area includes single-family residence and two mobile home units. The
mobile home units are owner-occupied and lease the pad space . The single-family residence
is a three -bedroom home that is occupied by the park manager. The mobile home units consist
of a two-bedroom mobile home, and three-bedroom mobile home with a room conversion that
is being used as a fourth sleeping area. See Table 3 below.
Table 3: Current Project Area Housing # of Bedrooms
Two Three Four
# of Units- Mobile Home Owners/ Space Tenants 1 1 -
# of Single-Family-Tenants 1 -
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2. Project Area Rents
Of the three tenant households, we received monthly rent data for 2 of the households.
Table 4 below shows monthly rents by bedroom size among the mobile home tenant
households.
Table 4: Proposed Project Area Tenant Rents (2 respondents)
Two Bedroom Three Bedroom Four Bedroom
Mobile Home $560 $560 -
Single-Family Residence Unknown -
3. Occupancy /Overcrowding
The City 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. Based on this
criterion and available household data, one of the residential mobile home units is currently
overcrowded.
City has made the policy determination to use non-federal funds to pay relocation benefits to those
tenants not legally present in the United States but otherwise eligible for assistance. Therefore,
based on the occupancy standard stated above, the comparable replacement units required for
the displaced households are 2 three-bedroom mobile home units and one three-bedroom
single-family residence.
4. Replacement Housing Needs
Comparable replacement housing needs, as expressed in this plan, are defined by the total
number of required comparable replacement units and distribution of those units by
bedroom size. The projected number of required units by bedroom size is calculated by
comparing survey data for household size with the City’s replacement housing occupancy
standards. These standards, generally, allow for up to three persons in a one-bedroom unit,
five persons in a two-bedroom unit, seven persons in a three-bedroom unit and nine or more
persons in a four-bedroom unit. See Table 5 below.
In addition, replacement housing needs must also be based on the legally present members of
the household.
Table 5: Proposed Project’s Replacement Housing Needs
# of Bedrooms
Two Three Four
# of Units- Mobile Home Owners/ Space Tenants 0 2 0
# of Single-Family-Tenants 0 1 0
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5. Income
Income information was provided by the mobile home households during the Plan interview.
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), one
household qualifies as Very Low Income (earning 31% - 50% AMI), and one household qualifies
as Moderate Income (51% - 80% AMI).
Table 6: Income Levels of Residential Households Interviewed
Extremely Low Very Low Low Median Moderate
1 1 1
6. Ethnicity/Language
Both households reported Hispanic as their ethnicity and Spanish as their preferred language.
7. Senior/Handicapped Households
One household reported a senior spouse (62 years or older). No households reported having a
member with a disability. Required accommodations at a replacement dwelling are not anticipated
on this project based on those households surveyed.
8. Preferred Relocation Areas
All three households expressed a preference to remain in the City community in order to
maintain current access to employment, and schools. One household would like to purchase a
mobile home at Las Palmas de La Quinta located on the East side of Jefferson Street which
divides the City with the neighboring City of Indio in order to maintain the proximity to the
current school enrollment and family.
III. RELOCATION RESOURCES
B. METHODOLOGY
No eligible person shall be required to move from their dwelling unless comparable replacement
dwellings are available to such persons. The purpose of this section is to identify if sufficient
comparable replacement housing resources exist for all potential residential displaces. The City
is committed to making every effort to satisfactorily relocate all displaced occupants.
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For residential housing, a resource survey was conducted to identify available rental units
within the proposed Project area. The following sources were utilized:
-- Calls to Local Mobile Home Parks for Advertised and Posted MH Sales
---Calls to Local Mobile Home Parks for Mobile Home Space Rentals
---Contacts with Mobile Home Parke Owners and real estate/property management
companies serving the community
-- Internet sources of rental opportunities (Zillow, Realtor.com)
B. COMPARABLE REPLACEMENT HOUSING AVAILABILITY
1. Residential Rental Housing
There are adequate numbers of replacement single family housing units to accommodate the
tenant household residing in the single-family home at this project. 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.
TABLE 7: Availability and Cost of Replacement Single Family Rental
Bedroom Size Two Three Four
# Found (# Needed) N/A 25 (1) N/A
Rent Range - $1,600-$2,800 -
Median Rent - $ 2,300.00 -
The rental amounts are naturally subject to change according to the market rates prevailing at
the time of any displacement.
2. Mobile Homes for Sale Housing
The resource survey identified seven (7) two-bedroom mobile homes, ranging in price from
$10,000 to 60,000 with a median price of $ 39,000.00. Fourteen (14) three-bedroom mobile
homes were also identified, ranging in price from $45,000 to $109,000 with a median price of
$64,750.00. Four bedrooms were not required for to accommodate the current households to be
potentially displaced.
TABLE 8: Availability and Cost of Replacement Mobile Homes for Sales
Bedroom Size Two Three Four
# Found (# Needed) 7 (0) 14 (2) N/A
Rent Range N/A N/A N/A
Median Rent N/A N/A N/A
3. Pad Rent
While surveying for mobile homes for sale, pad rents were considered where available. The
resource survey monthly pad rental rates range from $560 to $950 with a median price of
$700.00.
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4. Summary
Considering the above described availability of temporary and replacement housing
resources gathered over an eight-week period, it appears that there are more than adequate
replacement resources for the residential occupants. But, while adequate replacement
resources exist, based on survey results of rental opportunities and the tenants’ current
rents, some of the tenant occupants will likely have an increase in monthly rent. Possible
increases, if any, will be met through the City’s obligation under applicable Relocation
Laws, including Last Resort Housing (LHR) requirements. (See Section IV). The City will
work with displacees to 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 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 potential 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.
C. RELATED ISSUES
1. Concurrent Residential Displacement
The City’s Dune Palms Road Widening, and La Quinta Village Complete Road Diet Project
are current public projects, but do not cause significant competing residential displacements.
The Dune Palms Road Widening Project is currently underway in the City which will
insignificantly compete with this Project since most of the relocations have already secured
replacement housing resources needed to complete that project. No residential displacees will be
required to move without both adequate notice and access to available, affordable, decent,
safe and sanitary housing.
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2. Temporary Housing and Assistance
The Proposed Project is not anticipated to cause any temporary displacement.
IV. THE RELOCATION PROGRAM
The City’s Relocation Program for displacements is designed to minimize hardship, be
responsive to unique Project circumstances, emphasize maintaining personal contact with all
affected individuals, consistently apply all regulatory criteria to formulate eligibility and benefit
determinations and conform to all applicable requirements. The relocation program to be
implemented by the City will conform with the standards and provisions of all applicable
Relocation Laws.
The City has retained OPC, a multi-lingual consulting firm, to administer the Relocation
Program. OPC has worked on more than 5,000 public acquisition and relocation projects over
the past 38 years. Experienced City staff will monitor the performance of OPC and be responsible
to approve or disapprove OPC recommendations concerning eligibility and benefit
determinations and interpretations of City’s policies.
A. 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 in English or the
displacees’ language, should that be subsequently deemed necessary, for all displaced
households. To the non-occupant owner leasing to others an Informational Brochures will
be provided also (see Exhibit “D”). 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, if available,
at least three, and preferably more, referrals to comparable replacement dwellings, pursuant
to Section 24.403 of 49CFR. In no event shall an eligible residential displacee be required
to move until 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.
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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;
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
To follow through on the advisory assistance component of the permanent relocation program
and assure that the City meets its obligations under the Relocation Laws, OPC staff will perform
the following functions:
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1. Distribute appropriate written information concerning the City’s relocation program;
2. Inform the eligible households of the nature of, and procedures for, obtaining available
Relocation Benefits;
3. Determine the needs of each displacee eligible for assistance (including through
personal interviews with the persons to be displaced);
4. Provide the eligible displacees with at least three referrals to comparable replacement
housing within a reasonable time prior to displacement. Generally, a comparable
replacement dwelling must satisfy the following criteria:
(a) The unit is decent, safe and sanitary - electrical, plumbing and heating systems
are in good repair - no major, observable hazards or defects. The unit is
adequate in size and 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. The unit is functionally equivalent, including principle
features.
(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.
5. Maintain an updated database of available housing resources, and distribute referral
information to displacees for the duration of the Project;
6. Provide transportation to the residential displacees, if necessary, to inspect
replacement sites within the local area;
7. Inspect replacement housing to assure it meets decent, safe and sanitary standards as
described in the URA and per local ordinance;
8. Supply information concerning federal and state programs and other governmental
programs providing assistance to displaced persons;
9. Assist eligible occupants in the preparation and submission of relocation assistance
claims;
10. Provide additional reasonable services necessary to successfully relocate occupants;
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11. Make benefit determinations and payments in accordance with applicable law and the
City’s adopted relocation guidelines;
12. Assure that no occupant is required to move without a minimum of 90 days written
notice to vacate;
13. Inform all persons subject to displacement of the City’s policies with regard to
eviction and property management;
14. Establish and maintain a formal grievance procedure for use by displaced persons
seeking administrative review of the City’s decisions with respect to relocation
assistance; and
15. Provide assistance that does not result in different or separate treatment based on or
due to an individual’s sex, marital status, race, color, religion, ancestry, national
origin, physical handicap, sexual orientation, and domestic partnership status.
B. RELOCATION BENEFITS
Specific eligibility requirements and benefit plans will be detailed on an individual basis with
the household to be permanently displaced. In the course of personal interviews and follow-up
visits, the household to be displaced will be counseled as to available options, maximum
assistance amounts, and the consequences of any choice with respect to financial assistance.
Relocation benefits will be provided in accordance with the provisions of all applicable
Relocation Laws, and City rules, regulations and procedures pertaining thereto. Benefits will be
paid to eligible displaced persons upon submission of required claim forms and documentation
in accordance with the City’s normal administrative procedures.
The City will process advance payment requests to mitigate 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 will be processed expeditiously to help avoid the loss of desirable,
appropriate replacement housing.
1. Residential Moving Expense Payments
All residential occupants to be permanently relocated will be eligible to receive a payment
for moving expenses. Moving expense payments will be made based upon the actual cost
of a professional move or a fixed payment based on a room-count schedule.
a. Actual Cost (Professional Move)
Displacees may elect to have a licensed professional mover perform the move. The actual
cost of the moving services, based on at least two acceptable bids, will be compensated by
the City in the form of a direct payment to the moving company upon presentation of an
invoice. Transportation costs are limited to a distance of 50 miles in either case. In addition
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to the actual move, costs associated with utility reconnections (i.e., gas, water, electricity,
telephone, and cable, if any), are eligible for reimbursement.
b. Fixed Payment (based on Room Count Schedule)
An occupant may elect to receive a fixed payment for moving expenses which is based on
the number of rooms occupied in the displacement dwelling. In this case, the person to be
relocated takes full responsibility for the move. The fixed payment includes all utility
connections as described in Paragraph B.1.a., above.
The current schedule for fixed moving payments is set forth in Table 4 following:
TABLE 4: Schedule of Fixed Moving Payments
Unfurnished Dwelling
Room
count
1 2 3 4 5 6 7 8 Each
additional
Amount $725 $930 $1,165 $1,375 $1,665 $1,925 $2,215 $2,505 $265
Furnished Dwelling
Room
count
1 each additional
Amount $475 $90
Source: Federal Highway Administration (effective July 24, 2015)
2. Rental Assistance to Tenants Who Choose to Rent
To be eligible to receive rental assistance benefits, a displaced tenant household must rent or
purchase and occupy decent, safe, and sanitary comparable replacement dwelling within one
year from the date they move from the displacement dwelling.
Based upon the available data regarding Project displacees, the displaced households may
qualify for, and may be eligible to apply for, relocation benefits under URA and/or State
provisions. Except in the case of Last Resort Housing situations, the potential payment to the
household will be payable over a 42-month period and limited to a maximum of $7,200 as
stated under URA guidelines. The relocation program is explained in detail in the informational
brochure to be provided to each permanently displaced household (Exhibit C).
Rental Assistance payment amounts are equal to 42 times the difference between the base
monthly rent and the lesser of:
(i) The monthly rent and estimated average monthly cost of utilities for a comparable
replacement dwelling; 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.
The base monthly rent for the displacement dwelling is the lesser of:
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(i) The average monthly cost for rent and utilities at the displacement dwelling for a
reasonable period prior to displacement, as determined by the City. 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 displaced person’s average, monthly gross household
income, if the amount is classified as “low income” by the U. S. Department of
Housing and Urban Development’s (HUD) Annual Survey of Income Limits for
the Public Housing and Section 8 Programs. (HUD’s Survey is shown as Exhibit B.)
If a displaced household earns more than the amount that would qualify them as a “low
income” household, refuses to provide appropriate evidence of income, or is a
dependent, the base monthly rent shall be determined to be the average monthly cost for
rent and utilities at the displacement dwelling; or
(iii) The total of the amount designated for shelter and utilities if receiving a welfare
assistance payment from a program that designates the amounts for shelter and utilities.
Table 5 portrays the benefits determination under the URA:
TABLE 5: Example Computation of URA Rental Assistance Payments
1. Old Rent $650 Old Rent and Utilities
or
2. Ability to Pay $700 30% of the Gross Household Income (if Low Income)
3. Lesser of lines 1 or 2 $650 Base Monthly Rental
Subtracted From:
4. Actual New Rent $750 Actual New Rent and Estimated Utilities
or
5. Comparable Rent $775 Determined by City (includes estimated utilities)
6. Lesser of lines 4 or 5 $750
7. Yields Monthly Need: $100 Subtract line 3 from line 6
8. Rental Assistance $4,200 Multiply line 7 by 42 months
3. Down payment Assistance to Tenants Who Choose to Purchase
A displaced household may opt to apply the entire benefit amount for which they are eligible
toward the purchase of a replacement unit (URA, at 49 CFR 24.402(b).
If a displaced household chooses to utilize up to the full amount of rental assistance eligibility
(including any Last Resort benefits) to purchase a home, it may have the funds deposited in an
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open escrow account, provided that the entire amount is used for the down payment and eligible,
incidental costs associated with the purchase of a decent, safe, and sanitary replacement home.
A provision shall be made in the escrow arrangements for the prompt return of the City funds,
in the event escrow should fail to close within a reasonable period of time.
Final determination about the type of relocation benefits and assistance for which the
households are eligible will be determined upon verification of the households’ occupants and
incomes.
4. Relocation Benefits – Offsite Owners of Rental Income Property
Potential eligible offsite owners of property who lease space or a site to others, may be eligible
for certain benefits in accordance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act (URA) and the City’s Relocation Assistance Program, if the City
determines that certain criteria is met see Exhibit D:
C. GENERAL INFORMATION REGARDING THE PAYMENT OF
RELOCATION BENEFITS
Claims and supporting documentation for relocation benefits must be filed with the City no later
than 18 months after the date of displacement.
The procedure for the preparation and filing of claims and the processing and delivery of
payments will be as follows:
Claimant(s) will provide all necessary documentation to substantiate eligibility
for assistance;
City staff will review all necessary documentation including, but not limited to,
rental agreements or lease documents, moving bids, invoices and escrow material
before reaching a determination as to which expenses are eligible for
compensation;
Required claim forms will be prepared by OPC staff and presented to the
claimants for review. Signed claims and supporting documentation will be
returned to relocation staff and submitted to the City;
The City will review and approve claims for payment, or request additional
information;
The City will issue benefit checks to claimants in the most secure, expeditious
manner possible;
Final payments to residential displacees will be issued after confirmation that
the Project premises have been completely vacated, and actual residency at the
replacement unit is verified;
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Receipts of payment and all claim material will be maintained in the relocation
case file.
D. LAST RESORT HOUSING
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” may
not be available, because the computed replacement housing assistance eligibility exceeds $7,200
and the estimated replacement dwelling monthly rental costs (including utilities) exceed 30% of
the households’ average gross monthly income.
Therefore, if the Project proceeds, the City will authorize sufficient funds to provide housing of
last resort to eligible displaced households. Due to the demonstrated number of available
replacement housing resources for the displaced households, as shown above in Section III, B -
1, the need to develop a replacement housing plan to produce sufficient number of comparable
replacement dwellings will not be necessary. Rather, funds will be used to make payments in
excess of the monetary limits specified in the statute ($7,200); hence, satisfying the requirement
that “comparable replacement housing” is available.
The City, at its discretion, may opt to pay Last Resort Housing payments in installments or in a
lump sum. Recipients of Last Resort rental assistance, who intend to purchase rather than rent
replacement housing, will have the right to request a lump sum payment of all benefits in the form
of down payment assistance, as described above, to assist with the purchase of a decent, safe and
sanitary dwelling.
E. IMMIGRATION STATUS
Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the
Uniform Act to any alien not lawfully present in the United States unless such ineligibility would
result in an exceptional and extremely unusual hardship to the alien’s spouse, parent, or child any
of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely
unusual hardship is defined as significant and demonstrable adverse impact on the health or safety,
continued existence of the family unit, and any other impact determined by the City to negatively
affect the alien’s spouse, parent or child. However, the City will authorize the payment of
relocation assistance benefits to any otherwise eligible residential displacees from non-federally
authorized reimbursable funds.
In order to track and account for relocation assistance and benefit payments, City staff will be
required to seek immigration status information from each displacee aged 18 years or older by
having them certify as to their legal status.
F. RELOCATION TAX CONSEQUENCES
In general, relocation payments are not considered income for the purpose of Division 2 of the
Internal Revenue Code of 1954, which has been re-designated as the Internal Revenue Code of
1986 (Title 26, U. S. Code), or for the purpose of determining the eligibility or the extent of
eligibility of any person for assistance under the Social Security Act (42 U. S. Code 301 et seq.)
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or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of the Revenue and
Taxation Code, or the Bank and Corporation Tax Law, Part II (commencing with Section 23001)
of Division 2 of the Revenue and Taxation Code. The above statement on tax consequences is not
intended as tax advice by the City. Displacees are responsible for consulting with their own tax
advisors and/or making their own determinations of tax consequences concerning relocation
payments.
V. ADMINISTRATIVE PROVISIONS
A. NOTICES
Each notice, which the City is required to provide to a property owner or occupant, shall be
personally delivered or sent by certified or registered first-class mail, return receipt requested and
documented in the case file. Each notice will be written in plain, understandable language.
Persons who are unable to read and understand any notice will be provided with appropriate
translation and counseling. Each notice will indicate the name and telephone number of a person
who may be contacted for answers to questions or other needed help.
There are three principal notices:
1) General Information Notice,
2) Notice of Relocation Eligibility, and
3) Ninety-Day Notice to Vacate
The General Information Notice (GIN) is intended to provide potential relocatees with a general
written description of the City’s relocation program and basic information concerning benefits,
conditions of eligibility, noticing requirements and appeal rights. The GIN is issued as early as is
feasible in the initial stages of a Project, preferably, the planning stage. This notice was issued at
the time the properties were being appraised via Certified Mail and hand delivered to those
interviewed for this Plan.
A Notice of Relocation Eligibility (NOE) will be distributed to each eligible displacee. The NOE
to the residential relocatee contains a determination of eligibility for relocation assistance and a
computation of a maximum entitlement based on information provided by the affected household
and the analysis of comparable replacement properties undertaken by OPC staff.
No lawful occupant will be required to permanently move without having received at least 90
days advance written notice of the earliest date by which the move will be necessary. The 90-day
notice will either state a specific date as the earliest date by which the occupant may be required
to move or state that the occupant will receive a further notice indicating, at least 60 days in
advance, the specific date of the required move. The 90-day notice will not be issued to any
residential displacee before a comparable replacement dwelling has been made available. Tenants
to be temporarily displaced will be provided with a 30-day notice to vacate and the offer of
comparable temporary housing.
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In addition to the three principal notices, OPC staff will issue a timely written notification in the
form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration date
for the loss of benefits to those persons who:
1) are eligible for monetary benefits,
2) have moved from the acquired property, and
3) have not filed a claim for benefits.
Reminder Notices will be issued periodically throughout the qualification period, as appropriate.
An attempt shall be made to make written contact with all non-responsive relocatees no later than
within the last six months prior to the filing expiration date.
B. PRIVACY OF RECORDS
All information obtained from displacees is considered confidential and will not be shared without
the consent of the displacee or the City, except as may otherwise be required by law. City staff
will comply with federal regulations concerning the safeguarding of relocation files and their
contents.
C. GRIEVANCE PROCEDURES
A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount,
the failure to provide comparable housing, or the City’s property management practices may file
a Relocation Assistance Appeal Form or any other written form of appeal with the City and have
the right of administrative review. The City’s appeal policies will follow the standards described
in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing
and Community Development Program guidelines and the City’s Relocation Policy and
Procedures Plan.
Requests for administrative review and informal hearings will be directed to the City Project
Manager, and further review will be by the Community Development Director or Designee. All
requests for review will receive written responses from the City within three weeks of their receipt.
If an informal appeal is denied, appellants will be entitled to file a written request for a formal
hearing before an impartial and independent hearing officer.
The appellant does not have to exhaust administrative remedies first; the appeal/grievance can
either go directly to the city, directly to HCD or directly to the Court. Any person and/or
organization directly affected by the relocation plan may petition the Department of Housing and
Community Development (HCD), located at 2020 West El Camino Ave., Sacramento, CA 95833
to review the relocation plan.
More detail concerning the appeals process will be provided upon request. Appellants will retain
their appeal rights for up to 18 months following the date of displacement from the Project
premises or receipt of final payment for relocation benefits, whichever is later.
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D. EVICTION POLICY
1. Eviction may cause the forfeiture of a displacee’s right to relocation assistance or
benefits. Relocation records will be documented to reflect the specific
circumstances surrounding any eviction action.
2. Eviction may be undertaken for one or more of the following reasons:
(a) Failure to pay rent, except in those cases where the failure to pay is due to
the owner’s failure to keep the premises in habitable condition, is the result
of harassment or retaliatory action, or is the result of discontinuation or a
substantial interruption of services;
(b) Performance of a dangerous and/or illegal act in the unit;
(c) A material breach of the rental agreement and failure upon notification to
correct said breach within 30 days of Notice;
(d) Maintenance of a nuisance and failure to abate such nuisance upon
notification within a reasonable time following Notice;
(e) Refusal to accept one of a reasonable number of offers of replacement
dwellings; and/or,
(f) A requirement under State or local law or emergency circumstances that
cannot be prevented by reasonable efforts on the part of the City.
E. CITIZEN PARTICIPATION
As the process for considering the Project moves forward, the City will observe the following
protocol:
1. Provide affected tenants with full and timely access to documents relevant to the
relocation program;
2. Encourage meaningful participation in reviewing the relocation plan and
monitoring the relocation assistance program; including the Project area
occupants, neighborhood groups and community organizations forming a
relocation committee;
3. Provide technical assistance necessary to interpret elements of the relocation
program;
4. Issue a general notice concerning the availability of the Plan for public review, as
required, 30 days prior to its proposed approval; and
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5. Include written or oral comments concerning the Plan as an attachment (Exhibit E)
when it is forwarded to the City Council for approval. A copy of the approved Plan
will be forwarded to the California Department of Housing and Community
Development (HCD).
F. PROJECTED DATE OF DISPLACEMENT
The City anticipates that Notices to Vacate will not be issued prior to November 2019.
The City has obtained approval to initiate the acquisition and relocation activities at the end of
April 2019 and the City anticipates that those activities will be completed by the end of November
2019, with construction to begin shortly after.
G. ESTIMATED RELOCATION COSTS
The total budget estimate for relocation-related payments for this Project, including a 20%
contingency, is $227,000.00.
The estimated relocation budget does not include any payments related to property renovations.
In addition, the budget does not consider the cost of any services necessary to implement the Plan
and complete the relocation element of the Project.
If the Project is implemented, and circumstances arise that should change either the number of
residential occupants, or the nature of their activity, the City will authorize any additional funds
that may need to be appropriated. The City pledges to appropriate, on a timely basis, the funds
necessary to ensure the successful completion of the Project, including funds indicated as
necessary for LRH as indicated in Section IV, E, of this Plan to meet its obligation under
applicable Relocation Laws.
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EXHIBIT A
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EXHIBIT B
HUD INCOME LEVELS – RIVERSIDE COUNTY
The following figures are approved by the U. S. Department of Housing and Urban Development
(HUD) for use in Riverside County to define and determine housing eligibility by income level.
Figures are per the Department of Housing and Urban Development (California), updated in
April 2018.
Area Median Income: $65,800
Family Size Extremely Low Very Low Low
1 Person 14,150 23,600 37,750
2 Person 16,460 27,000 43,150
3 Person 20,780 30,350 48,550
4 Person 25,100 33,700 53,900
5 Person 29,420 36,400 58,250
6 Person 33,740 39,100 62,550
7 Person 38,060 41,800 66,850
8 Person 42,380 44,500 71,150
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EXHIBIT C
Relocation Assistance
Informational Statement for
Families and Individuals - Mobile Homes
(Federal)
City of La Quinta
Project Name:
Dune Palms Road Low Water Crossing Bridge Project
City Representative:
Overland, Pacific & Cutler, LLC.
2280 Market Street, Suite 200
Riverside, CA 92501
Phone: (951) 683-2353
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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. Legal Presence Requirement
14. Non-Discrimination and Fair Housing
15. Additional Information And Assistance Available
Spanish speaking agents are available. Si necesita esta información en español, por favor llame a su
agente.
1. GENERAL INFORMATION
The dwelling in which you now live is in a project area proposed to be improved by, or financed
through, the City using federal 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. in this event, 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 federal 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 City 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.
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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 agent
at Overland, Pacific & Cutler, LLC., so you will not jeopardize any benefits. This is a general
informational brochure only, does not constitute legal advice to you, and is not intended to give
a detailed description of either the law or regulations pertaining to the City’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 City acquires the property, you will also be required to pay rent to the City.
2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING
The City, 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 City, you will receive a payment to assist in
moving your personal property. The actual, reasonable and necessary expenses for moving 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
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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 City, 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 City 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 (Commercial Move)
If you wish to engage the services of a licensed commercial mover and have the City pay
the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles.
At least two competitive moving bids will be required. Your relocation agent can assist
you in developing a “mover” scope of services for City approval.
4. MOBILE HOME TENANTS AND CERTAIN OTHERS - REPLACEMENT HOUSING
PAYMENT
You may be eligible for a payment up to $7,200.00 to assist in renting or purchasing a comparable
replacement dwelling. In order to qualify, you must either be a tenant or owner who has occupied
the present dwelling for at least 90 days immediately prior to the initiation of negotiations.
A. Rental Assistance. If you 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 or thirty percent (30%) of your monthly household income if
your total gross income is classified as “low income” by the U. S. Department of Housing
and Urban Development’s (HUD) Annual Survey of Income Limits for Public Housing and
Section 8 Programs. You will be required to provide your relocation agent with monthly
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
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rent and household income verification prior to the determinati on of your eligibility for this
payment.
- OR –
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.
5. SECTION 8 TENANTS
If 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 City for at least 90 days prior to the initiation of negotiation, you may be eligible to
receive a payment of up to $31,000.00 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 City purchased your mobile home, equals the lesser of the actual cost of your
replacement dwelling; or the amount determined by the City 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
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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 the fair market 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.
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 City and
the lesser of your current rent and average utilities or thirty percent (30%) of your gross
monthly household income (if your household income is classified as “low income” by the U.
S. Department of Housing and Urban Development’s Annual Survey of Income Limits for the
Public Housing and Section 8 Programs.)
This space rent differential payment may be used to lease a rep lacement 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 City move your coach
to another park, the City 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 City deems to be reasonable and necessary.
NOTE: The cost of replacing landscaping and hardscape improvements is not
covered.
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DUNE PALMS BRIDGE PROJECT RELOCATION PLAN
ADOPTED: AUGUST 6, 2019
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7. QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS
To be eligible for a replacement housing payment described above, you must purchase or rent
and occupy a decent, safe and sanitary replacement dwelling within 12 months from the later
of the following dates:
1) the date the City has paid the Acquisition cost of your current dwelling, or
2) the date the first comparable replacement dwelling referral has been made available to
you.
You must also file all claims for replacement housing or moving payments within 18 months
from the later of the following dates:
1) the date which you moved from your displacement dwelling, or
2) the date the City has paid the Acquisition cost of your current dwelling.
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.
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 City 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 City action to purchase the property where you live, you may become a tenant
of the City. 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.
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10. EVICTIONS
Eviction for cause must conform to applicable State and local law. Any person who occupies the
real property and is not in unlawful occupancy on the date of initiation of negotiations, is
presumed to be entitled to relocation benefits, unless the City determines that:
The person received an eviction notice prior to the initiation of negotiations and, as a
result, was later evicted; or
The person is evicted after the initiation of negotiations for serious or repeated violation
of material terms of the lease; and
The eviction was not undertaken for the purpose of evading relocation assistance
regulations.
Except for the causes of eviction set forth above, no person lawfully occupying property to be
purchased by the City will be required to move without having been provided with at least 90
days written notice from the City.
11. APPEAL PROCEDURES - GRIEVANCE
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment
authorized by the City Relocation Assistance Program may have the appeal application reviewed
by the City in accordance with its appeals procedure. Complete details on appeal procedures are
available upon request from the City.
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 re-designated as the Internal Revenue Code of
1986. 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)
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ADOPTED: AUGUST 6, 2019
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13. LAWFUL PRESENCE REQUIREMENT
In order to be eligible to receive relocation benefits in federally-funded relocation projects, all
members of the household to be displaced must provide information regarding their lawful
presence in the United States. Any member of the household who is not lawfully present in the
United States or declines to provide this information may be denied relocation benefits, unless
such ineligibility would result in an exceptional and extremely unusual hardship to the alien’s
spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence.
Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse
impact on the health or safety, continued existence of the family unit, and any other impact
determined by the City to negatively affect the alien’s spouse, parent or child. Relocation benefits
will be prorated to reflect the number of household members with certified lawful presence in the
US. For this Project, the City has determined it will fund eligible payments for persons otherwise
eligible for them, except for residency status, firm non-federal funds. Your relocation agent can
explain this more fully.
14. 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 City
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 federa l anti-discrimination and fair housing
laws. You may file a complaint if you believe you have been subjected to discrimination. For
details contact the City.
15. 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.
RESOLUTION NO. 2019-033, EXHIBIT A
DUNE PALMS BRIDGE PROJECT RELOCATION PLAN
ADOPTED: AUGUST 6, 2019
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EXHIBIT D
Relocation Assistance
Informational Statement
for Families and Individuals
(Federal)
City of La Quinta
Project Name:
Dune Palms Road Low Water Crossing Bridge Project
City Representative:
Overland, Pacific & Cutler, LLC
2280 Market Street, Suite 200
Riverside, CA 92501
Phone: (951) 683-2353
RESOLUTION NO. 2019-033, EXHIBIT A
DUNE PALMS BRIDGE PROJECT RELOCATION PLAN
ADOPTED: AUGUST 6, 2019
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Informational Statement Content:
1. General Information
2. Assistance In Locating A Replacement Dwelling
3. Moving Benefits
4. Replacement Housing Payment - Tenants And Certain Others
5. Section 8 Tenants
6. Replacement Housing Payment – 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. Legal Presence Requirement
14. Non-Discrimination and Fair Housing
15. Additional Information And Assistance Available
Spanish speaking agents are available. Si necesita esta información en español, por favor llame a su
agente.
1. GENERAL INFORMATION
The dwelling in which you now live is in a project area that may be improved by, or financed
through, the City of La Quinta using federal 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 federal 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
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representative with OPC, 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 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.
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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 $450.00
for one furnished room to $2,365.00 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.
C. Actual Moving Expense (Commercial 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. Two competitive moving bids will be required. Your relocation agent will
assist you in developing a “mover” scope of services for Displacing Agency approval.
4. REPLACEMENT HOUSING PAYMENT – TENANTS AND CERTAIN OTHERS
You may be eligible for a payment up to $7,200.00 to assist in renting or purchasing a comparable
replacement dwelling. In order to qualify, you must either be a tenant or owner who has occupied
the present dwelling for at least 90 days immediately prior to the initiation of negotiations.
A. Rental Assistance. If you 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 or thirty percent (30%) of your monthly household income if your total gross
income is classified as “low income” by the U. S. Department of Housing and Urban
Fixed Moving Schedule
CALIFORNIA (Effective 2012)
Occupant Owns Furniture:
1 room $685
2 rooms $880
3 rooms $1,100
4 rooms $1,295
5 rooms $1,570
6 rooms $1,815
7 rooms $2,090
8 rooms $2,365
Each additional room $250
Occupant does NOT Own
Furniture:
1 room $450
Each additional room $85
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DUNE PALMS BRIDGE PROJECT RELOCATION PLAN
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Development’s (HUD) Annual Survey of Income Limits for Public Housing and Section 8
Programs. 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 –
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.
5. SECTION 8 TENANTS
If 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. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS
A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 90
days prior to the initiation of negotiation, you may be eligible to receive a payment of up to
$31,000.00 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 property, 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.
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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 the fair market 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.
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 the Displacing Agency fulfills its obligation to make available comparable
replacement dwellings.
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.
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 appropriate 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.
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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
Eviction for cause must conform to applicable State and local law. Any person who occupies the
real property and is not in unlawful occupancy on the date of initiation of negotiations, is
presumed to be entitled to relocation benefits, unless the Displacing Agency determines that:
The person received an eviction notice prior to the initiation of negotiations and, as a
result, was later evicted; or
The person is evicted after the initiation of negotiations for serious or repeated violation
of material terms of the lease; and
The eviction was not undertaken for the purpose of evading relocation assistance
regulations.
Except for the causes of eviction set forth above, no person lawfully occupying property to be
purchased by the Displacing Agency will be required to move without having been provided with
at least 90 days written notice from the Displacing Agency.
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.
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DUNE PALMS BRIDGE PROJECT RELOCATION PLAN
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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 re-designated as the Internal Revenue Code of
1986. 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. LAWFUL PRESENCE REQUIREMENT
In order to be eligible to receive relocation benefits in federally-funded relocation projects, all
members of the household to be displaced must provide information regarding their lawful
presence in the United States. Any member of the household who is not lawfully present in the
United States or declines to provide this information may be denied relocation benefits, unless
such ineligibility would result in an exceptional and extremely unusual hardship to the alien’s
spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence.
Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse
impact on the health or safety, continued existence of the family unit, and any other impact
determined by the Displacing Agency to negatively affect the alien’s spouse, parent or child.
Relocation benefits will be prorated to reflect the number of household members with certified
lawful presence in the US. For this Project, the City has determined it will fund eligible payments
for persons otherwise eligible for them, except for residency s tatus, firm non-federal funds. Your
relocation agent can explain this more fully.
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DUNE PALMS BRIDGE PROJECT RELOCATION PLAN
ADOPTED: AUGUST 6, 2019
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14. 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.
15. 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 OPC.
RESOLUTION NO. 2019-033, EXHIBIT A
DUNE PALMS BRIDGE PROJECT RELOCATION PLAN
ADOPTED: AUGUST 6, 2019
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EXHIBIT E
Relocation Assistance
Informational Statement
For Business, Farm & Nonprofit
City of La Quinta
Project Name:
Dune Palms Road Low Water Crossing Bridge Project
City Representative:
Overland, Pacific & Cutler, LLC.
2280 Market Street, Suite 200
Riverside, CA 92501
Phone: (951) 683-2353
RESOLUTION NO. 2019-033, EXHIBIT A
DUNE PALMS BRIDGE PROJECT RELOCATION PLAN
ADOPTED: AUGUST 6, 2019
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Spanish speaking agents are available. Si necesita esta información en español, por favor llame a su
agente.
Introduction
The property on which you now conduct your business is in an area proposed to be improved by,
or financed through, the City of La Quinta (City) using federal funds. If and when the project
proceeds, and it is necessary for you to move your business, 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 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 City 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 THE
PROPERTY. 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 City 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 City acquires the property, you will also be required to pay rent to the City.
Summary of Available Relocation Assistance:
A. Advisory assistance to explain the relocation process, the related eligibility requirements, the
procedures for obtaining reimbursement for moving expenses and referrals to suitable
replacement locations
B. Payment for your moving expenses. You may receive one of the following options:
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Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or
Option 2: A Fixed Payment In Lieu of a Payment for Actual Moving and Related
Expenses
C. Other help to reestablish your business and minimize the impact of the move including help
in preparing claim forms to request relocation payments.
If you disagree with the City decision as to your right to a relocation payment, or the amount of
the payment, you may appeal that decision.
GENERAL RELOCATION QUESTIONS
1. How Will I Know I Am Eligible for Relocation Assistance?
Ordinarily, eligibility begins on the date the owner of the property receives the City’s initial written
offer to purchase the property. Therefore, you should not move before that date or receiving a
notice of eligibility. If you do, you may not be eligible for relocation assistance.
2. How Will the City Know How Much Help I Need?
You will be contacted at an early date and personally interviewed by an agent of the City. The
interviewer will want to get information about your current operation, as well as identify movable
personal property and non-movable improvements, determine your needs and preferences for a
replacement location, estimate the time required to vacate the premises and your need for
advance payments. During the interview, you may want to discuss other issues relative to your
move. It is to your advantage to provide as much information a s possible so that the City, through
its relocation agent, can assist you in moving with a minimum of hardship. The information you
give will be kept in confidence.
3. How Soon Will I Have to Move?
Every reasonable effort will be made to provide you with sufficient time to find a suitable
replacement location and reestablish your business. If possible, a mutually agreeable date for the
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move will be worked out. Unless there is an urgent need for the property (e.g., your occupancy
would present a health or safety emergency), you will not be required to move without at least
90 days advance written notice. It is important, however, that you keep in close contact with the
City so that you are aware of the time schedule for carrying out the project and the approximate
date by which you will have to move.
4. I Own the Property. Will I Be Paid for It Before I Have to Move?
If you reach a voluntary agreement to sell your property to the City, you will not be required to
move before you receive the agreed purchase price. If the property is acquired through an
eminent domain proceeding, you cannot be required to move before the estimated fair market
value of the property has been deposited with the court. (You should be able to withdraw this
amount immediately, less any amounts necessary to pay off any mortgage or other liens on the
property and to resolve any special ownership problems. Withdrawal of your share of the money
will not affect your right to seek additional compensation for your property, but may affect other
legal rights).
5. Will I Have to Pay Rent to the City Before I Move?
You may be required to pay a fair rent to the City for the period between the acquisition of your
property and the date that you move. Your rent and the terms of your tenancy will be generally
the same as in the prior arrangement.
6. How Will I Find a Replacement Location?
Your relocation agent will provide you with current and continuing information on available
replacement locations that meet your needs. You will also be provided with the names of local
real estate agents and brokers who can assist you in finding th e type of replacement location you
require. However, you are urged to take an active role in identifying, and relocating to, a location
of your choice. No one knows your needs better than you do. You will want a facility that
provides sufficient space for your planned activities. You will also want to ensure that there are
no zoning or other requirements which will unduly restrict your planned operations. Your
relocation agent will explain which kind of moving costs are eligible for reimbursement and which
are not eligible. That will enable you to carry out your move in the most advantageous manner.
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7. What Other Assistance Will Be Available to Help Me?
In addition to help in finding a suitable replacement location, your relocation agent will help you
secure the services of outside specialists, as necessary, to plan the move, as well as provide
assistance during the actual move and in the reinstallation of machinery and/or other personal
property. The range of services depends on the needs of the business being displaced. You
should ask the City relocation agent to tell you about the specific services that will be available
to you.
8. I Have a Replacement Location and Want to Move. What Should I Do?
Before you make any arrangements to move, notify the City relocation agent, in writing, of your
intention to move. This should be done at least 30 days before the date you begin your move.
The City will discuss the move with you and advise you of the relocation payment(s) for which
you may be eligible, the requirements to be met, and how to obtain a payment.
9. I Plan to Discontinue My Business Rather than Move. What Should I Do?
If you have decided to discontinue your business rather than reestablish it, you may still be eligible
to receive a relocation payment, though discontinuing the business may impact other claims for
compensation you may be eligible to make in other contexts. Contact the City relocation agent
and discuss your decision to discontinue your business. You will be informed of the payment, if
any, for which you may be eligible, the requirements to be met, and how to obtain your payment.
10. What Kinds of Payments for Moving Expenses Will I Receive?
Every business is eligible for a relocation payment to cover the reasonable cost of moving.
Assuming you meet certain eligibility criteria, you may choose one of the following options:
Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or
Option 2: A Fixed Payment In Lieu of Moving and Related Expenses
These payment options are described below:
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Option 1: Payment for Actual Reasonable Moving and Related Expenses
If you choose a Payment for Actual Reasonable Moving and Relate d Expenses, you may claim the
cost of:
1. Transportation of personal property. Transportation costs for a distance beyond 50 miles
are not eligible, unless the City determines that relocation beyond 50 miles is justified.
2. Packing, crating, unpacking, and uncrating of the personal property.
3. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery,
equipment, and other personal property, and certain substitute personal property. This
includes connection to utilities available within the building. It also includes modifications
to the personal property, including those mandated by Federal, State or local law, code
or ordinance, necessary to adapt it to the replacement structure, the replacement site, or
the utilities at the replacement site, and modifications necessary to adapt the utilities at
the replacement site to the personal property.
4. Storage of the personal property determined to be necessary by the City, not to exceed
12 months, unless the City determines that a longer period is warranted.
5. Insurance for the replacement value of the personal property in connection with the move
and necessary storage.
6. The replacement value of property lost, stolen or damaged in the process of moving (not
through fault or negligence of the displaced person, his or her agent or employee), where
insurance covering such loss, theft or damage is not reasonably available.
7. Any license, permit, fees or certification required of your business at the replacement location.
However, the payment may be based on the remaining useful life of the existing license, permit,
fees or certification.
8. Reasonable and preauthorized (by the City) professional services, the City determines to
be necessary for (i) planning the move of the personal property, (ii) moving the personal
property, and (iii) installing the relocated personal property at the replacement location.
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9. Re-lettering signs and replacing stationary on hand at the time of displacement that is
made obsolete as a result of the move.
10. Actual direct loss of tangible personal property incurred as a result of moving or
discontinuing your business. The payment will consist of the lesser of:
(i) The fair market value in place of the item, as is for continued use at the
displacement site, less the proceeds from its sale. (To be eligible for payment,
you must make a good faith effort to sell the personal property, unless the City
determines that such effort is not necessary. When payment for property loss is
claimed for goods held for sale, the fair market value will be based on the cost of
the goods to the business, not the potential selling price.); or
(ii) The estimated cost of moving the item as is, but with no allowance for storage; or
for reconnecting a piece of equipment if the equipment is in storage or not being
used at the acquired site. (If you elect to discontinue your bu siness, the estimated
cost will be based on a moving distance of 50 miles.)
11. Purchase of substitute personal property. If an item of personal property which is used
as part of your business is not moved but is promptly replaced with a substitute item that
performs a comparable function at the replacement site, you will be entitled to payment
for the lesser of:
(i) The cost of the substitute item, including installation cos ts at the replacement site,
minus any proceeds from the sale or trade-in of the replaced item; or
(ii) The estimated cost of moving and reinstalling the replaced item but with no
allowance for storage. At the City discretion, the estimated cost for a low cost or
uncomplicated move may be based on a single bid or estimate.
12. The reasonable cost incurred in attempting to sell an item that is not to be relocated.
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13. Searching for a replacement location. Your business is enti tled to reimbursement for actual
expenses, not to exceed $2,500 as the City determines to be reasonable, which are
incurred in searching for a replacement location including:
i) Transportation
ii) Meals and lodging away from home
iii) Time spent searching, based on reasonable salary or earnings
iv) Fees paid to a real estate agent or broker to locate a replacement site, exclusive
of any fees or commissions related to the purchase of such site
v) Time spent in obtaining permits and attending zoning hearings; and
vi) Time spent negotiating the purchase of a replacement site based on a reasonable
salary or earnings.
14. When the personal property to be moved is of low value and high bulk, and the cost of
moving the property would be disproportionate to its value in the judgment of the City,
the allowable moving cost payment shall not exceed the lesser of: the amount which
would be received if the property were sold at the site or the replacement cost of a
comparable quantity delivered to the new business location.
15. Other related moving expenses as the City determines to be reasonable and necessary,
including:
i) Connection to available nearby utilities from the right-of-way to improvements at
the replacement site.
ii) Pre-approved professional services performed prior to the purchase or lease of a
replacement site to determine its suitability for your business operation, including
but not limited to soil testing, feasibility and marketing stud ies (excluding any fees
or commissions directly related to the purchase or lease of such site). At the City
discretion, a reasonable pre-approved hourly rate may be established.
iii) Impact fees or one-time assessments for anticipated heavy utility usage, as
determined by the City.
The City relocation agent will explain all eligible moving costs, as well as, those which are not
eligible. You must be able to account for all costs that you incur, so keep all your receipts. The
City will inform you of the documentation needed to support your claim.
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You may minimize the amount of documentation needed to support your claim, if you elect to
"self-move" your property. Payment for a self-move is based on the amount of an acceptable
low bid or estimate obtained by the City. If you self-move, you may move your personal property
using your own employees and equipment or a commercial mover. If you and the City cannot
agree on an acceptable amount to cover the cost of the self-move, you will have to submit full
documentation in support of your claim.
You may elect to pay your moving costs yourself and be reimbursed by the City or, if you prefer,
you may have the City pay the mover directly. In either case, let the City relocation agent know
before you move. The City agent can help you select a reliable and reputable mover.
When a payment for "actual direct loss of personal property" or "substitute personal property" is
made for an item, the estimated cost of moving the item may be based on the lowest acceptable
bid or estimate obtained by the City. If not sold or traded-in, the item must remain at the old
location and ownership of the item must be transferred to the City before you may receive the
payment.
In addition to the reimbursable expenses described above, a small business, farm or non-profit
organization may be eligible to receive a payment of up to $25,000 for expenses actually incurred
in relocating and reestablishing its operation at a replacement site. Eligible expenses must be
reasonable and necessary, as determined by the City. They may include but are not limited to
the following:
1. Repairs or improvements to the replacement real property as required by federal, state or
local law, code or ordinance.
2. Modifications to the replacement property to accommodate the business operation or make
replacement structures suitable for conducting the business.
3. Construction and Installation costs for exterior signage to advertise the business.
4. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as
paint, paneling or carpeting.
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5. Advertising of replacement location.
6. Estimated increased costs of operation during the first 2 years at the replacement site, for
such items as:
a. Lease or rental charges
b. Personal or real property taxes
c. Insurance premiums, and
d. Utility charges (excluding Impact fees)
7. Other items that the City considers essential to the reestablishment of the business.
The following is a non-exclusive listing of reestablishment expenditures not considered to be
reasonable, necessary or otherwise eligible:
Purchase of capital assets, such as, office furniture, filing cabinets, and machinery or
trade fixtures.
Purchase of manufacturing materials, production supplies, product inventory, or other
items used in the normal course of the business operation.
Interest costs associated with any relocation expense or the purchase of replacement
property.
Payment to a part-time business in the home which does not contribute materially to the
household income.
Option 2: Fixed Payment In Lieu of a Payment for Actual Reasonable Moving and
Related Expenses
A displaced business, non-profit organization or farm may be eligible to choose a fixed payment
in lieu of the payments for actual moving and related expenses and actual reasonable
reestablishment expenses. The payment may not be less than $1,000.00 or more than
$40,000.00. For a business or farm, the payment is based on the average annual net earnings
before Federal, State and local income taxes during the 2 taxable years immediately prior to the
taxable year in which it was displaced. For a non-profit organization, the payment is based on
the average of 2 years annual gross revenues less administrative expenses.
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In order to qualify for this payment, the City must determine that:
1. The business owns or rents personal property which must be moved in connection with
the displacement and for which an expense would be incurred in such move, and the
business vacates or relocates from its displacement site.
2. The business cannot be relocated without a substantial loss of existing patronage
(clientele or net earnings).
3. The business is not a part of a commercial enterprise having more than three other
entities which are not being acquired by the City, and which are engaged in the same
or similar business activities.
4. The business is not operated at the displacement dwelling/site solely for the purpose of
renting such dwelling/site to others.
5. The business contributed materially to the income of the displaced person during the
two (2) taxable years prior to displacement.
If the business or farm was not in operation for the full two years prior to displacement, the net
earnings are based on the actual period of operation at the acquired site projected to an annual
rate. Average net earnings may be based on a different period of time when the City determines
it to be more equitable. Net earnings include any compensation paid to the owners of the
business, a spouse or dependents. Proof of net earnings must be furnished to the City through
income tax returns, certified financial statements, or other reasonable evidence which the City
determines is satisfactory.
For a qualified non-profit organization, gross earnings may include membership fees, class fees,
cash donations, tithes and receipts from sales or other forms of fund collection that enables the
non-profit organization to operate. Administrative expenses are those for administrative support
such as rent, utilities, salaries, advertising and other like items as well as fund raising expenses.
Operating expenses for carrying out the purposes of the non-profit organization are not included
in administrative expenses. The monetary receipts and expense amounts may be verified with
certified financial statements or financial documents required by public agencies.
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The City will inform you as to your eligibility for this payment option and the documentation you
must submit to support your claim. Remember, when you elect to take this payment option you
are not entitled to reimbursement for any other moving expenses, i.e. Option A described above.
11. I Own an Outdoor Advertising Display. What Relocation Payment Will I
Receive?
As the owner of an outdoor advertising display, you are eligible for a Relocation Payment For
Actual Reasonable Moving and Related Expenses. You are not eligible to receive a Payment In
Lieu of a Payment For Actual Reasonable Moving and Related Expenses.
If you choose not to relocate or replace the sign, the payment for "direct loss of personal property"
would be the lesser of: (1) the depreciated reproduction cost of the sign, as estimated by the
City, less the proceeds from its sale, or (2) the estimated cost of moving the sign without
temporary storage. The City will inform you as to the exact costs that may be reimbursed.
12. How do I Receive a Relocation Payment?
You must file a claim for a relocation payment. The City relocation agent will provide you with
the required claim forms, assist you in completing them, and explain the type of documentation
that you must submit in order to receive your relocation paymen ts. If you must pay any relocation
expenses before you move (e.g., because you must provide a security deposit if you lease your
new location), discuss your financial needs with the City. You may be able to obtain an advance
payment. An advance payment may be placed in "escrow" to ensure that the move will be
completed on a timely basis.
If you are a tenant, you must file your claim within 18 months after the date you move. If you
own the property, you must file within 18 months after the date you move, or the date you receive
the final acquisition payment, whichever is later. However, it is to your advantage to file as soon
as possible after you move. The sooner you submit your claim, the sooner it can be processed
and paid. If you are unable to file your claim within 18 months, the City may extend this period.
You will be paid promptly after you file an acceptable claim. If there is any question regarding
your right to a relocation payment or the amount of the payment, you will be notified, in writing,
of the problem and the action you may take to resolve the matter.
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13. Non-Discrimination
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 City
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 laws. You may
file a complaint if you believe you have been subjected to discrimination. For details contact the
City.
14. Appeals
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment
authorized by the City Relocation Assistance Program may have the appeal application reviewed
by the City accordance with its appeals procedure. Complete details on appeal procedures are
available upon request from the City.
15. 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 re-designated as the
Internal Revenue Code of 1986. 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).
16. Lawful Presence Requirement
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Pursuant to the Public Law 105-117, in order to be eligible to receive non-residential relocation
benefits in federally-funded projects, in the case of an unincorporated business, each owner must
be either a citizen or national of the United States, or an alien who is lawfully present in the
United States. The owner of a sole proprietorship and all owners of a partnership must provide
information regarding their lawful presence in the United States, and a for-profit or a non-profit
corporation must certify that it is authorized to conduct business within the United States. Owners
of sole proprietorships or partnerships, who are not lawfully present in the United States, or who
decline to provide this information, are not eligible for relocation assistance, unless such
ineligibility would result in an exceptional and extremely unusual hardship to the alien’s spouse,
parent, or child, any of whom is a citizen or an alien admitted for permanent residence.
Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse
impact on the health or safety, continued existence of the family unit, and any other impact
determined by the City to negatively affect the alien’s spouse, parent or child. Relocation benefits
will be prorated to reflect the number of owners with certified lawful presence in the United
States.
17. Additional Information
If you have further questions after reading this brochure, please contact the City relocation agent
at Overland, Pacific & Cutler, LLC.
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EXHIBIT F
List of Mobile Homes for Sale
2 Bedroom Mobile Homes for Sale
Number Address Purchase Price Pad Rent
1 80-00 Ave 48, Indio Sp. 3 $10,000.00 $850- $950
2 80-00 Ave 48, Indio Sp. 296 $14,000.00 $850- $950
3 80-00 Ave 48, Indio Sp. 141 $35,000.00 $850- $950
4 80-00 Ave 48, Indio Sp. 157 $39.000.00 $850- $950
5 80-00 Ave 48, Indio Sp. 176 $60,000.00 $850- $950
6 80-00 Ave 48, Indio Sp. 202 $40.000.00 $850- $950
7 50001 Hwy 74, Palm Desert
Sp. 6 Lazy B
$32,500.00 $700.00
3 Bedroom Mobile Homes for Sale
Number Address Purchase Price Pad Rent
1 80-000 Ave 48, Indio Sp. 50 $65,000.00 $850-$950
2 80-000 Ave 48, Indio Sp. 152 $83,000.00 $850-$950
3 80-000 Ave 48, Indio Sp. 218 $80,000.00 $850-$950
4 80-000 Ave 48, Indio Sp. 229 $55,000.00 $850-$950
5 80-000 Ave 48, Indio Sp. 244 $58.500.00 $850-$950
6 5001 Hwy 74, Palm Desert Sp. 4 Bar D $109,000.00 $700.00
7 5001 Hwy 74, Palm Desert Sp. 40 $75,900.00 $700.00
8 12 Diamond E, Palm Desert $60,000.00 $700.00
9 80-000 Ave 48, Indio Sp. 273 $55,000.00 $850-$950
10 17555 Corkill Road, Desert Hot
Springs Sp. 26
$69,900.00 Unknown
11 8000 Ave 48, Indio Sp. N/A $45,000.00 $850-$950
12 8000 Ave 48, Indio Sp. N/A $50,000.00 $850-$950
13 22840 Sterling Ave, Desert Hot Springs
Sp. 94
$70,000.00 Unknown
14 74711 Dillon Rd. Desert Hot Springs,
Sp. 354
$64,500.00 Unknown
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EXHIBIT G
Single Family Residential Rentals
Number Address City Bed/Bath Rent
1 52975 Avenida Ramirez LQ
3/2 $1,600
2 52255 Avenida Obregon LQ 3/2 $1,895
3 53945 Avenida Martinez LQ 3/2 $1,675
4 78245 Desert Falls Way LQ 4/2 $2,100
5 79180 Diane Dr. LQ 4/2 $2,200
6 79385 Horizon Palms Cir. LQ 3/3 $1,750
7 53080 Avenida Alvarado LQ 3/2 $1,850
8 52255 Avenida Obregon LQ 3/2 $1,895
9 78245 Desert Fall Way LQ 4/3 $2,100
10 43910 Diane Dr. LQ 4/2 $2,200
11 785625 Carnes Cir. LQ 3/2 $2,200
12 43910 Milan Ct. LQ 3/2 $2,200
13 787541 Torino Dr. LQ 3/2 $2,300
14 54912 Shoal LQ 3/2 $2,300
15 79105 Cindy Ct. LQ 3/2 $2,395
16 54040 Avenida Ramirez LQ 3/2 $2,400
17 48101 Vista Cielo LQ 3/2 $2,400
18 61524 Topaz Dr. LQ 3/3 $2,500
19 49429 Guijarro Dr. LQ 4/4 $2,500
20 48527 Via Encanto LQ 3/2 $2,500
21 80043 Silver Sage Ln. LQ 3/3 $2,600
22 78865 Meridian Way LQ 3/2 $2,700
23 43688 Bordeaux Dr. LQ 4/3 $2,700
24 78560 Via Melodia LQ 4/3 $2,800
25 51842 Avenida Diaz LQ 3/2 $2,800
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EXHIBIT H
PUBLIC COMMENTS & RESPONSES
The Plan was available to the community for public comment for a minimum of 30 days.
The City of La Quinta received no comments from the community during this period.
The Relocation Plan (Draft) for The Dune Palms Road Low Water Crossing Bridge Project
was made available to the project displaced occupants via Certified and Regular Mail
for a minimum of 30 days. The City received no comments from the displacees or the
community during this period.
Spanish speaking occupants were also provided advisory and translation services of the
Plan during this comment period.
This is the final Relocation Plan for the Dune Palms Road Low Water Crossing Bridge Project
in the City of La Quinta, County of Riverside.