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HomeMy WebLinkAboutPortola Avenue Improvements Project - Relocation Plan CITY OF PALM DESERT STAFF REPORT REQUEST: APPROVAL OF RELOCATION PLAN PREPARED FOR THE PORTOLA AVENUE IMPROVEMENTS PROJECT DATE: OCTOBER 25, 2001 CONTENTS: PORTOLA AVENUE IMPROVEMENTS PROJECT RELOCATION PLAN Recommendation: By Minute Motion, that the City Council approve the Relocation Plan prepared for the Portola Avenue Improvements Project. Background: Public entities undertaking projects that may displace residents are governed in their relocation assistance and real property acquisition efforts by Title 25, Division 1, Chapter 6, Subchapter 1 of the California Code of Regulations. One of the requirements of Title 25 is that a relocation plan be prepared following the initiation of negotiations to acquire property for a project. In March 2001 , the City of Palm Desert retained specialty consultants, Overland Resources, to prepare the Relocation Plan for the Portola Avenue Improvements Project ("the Plan"). The purpose of the required relocation plan is to determine who would be impacted by a proposed project, what resources are available to relocate displaced residents, how relocation assistance will be provided, and when displacement would occur. To prepare the Plan, Overland Resources conducted interviews with the residents of Portola who are expected to be displaced. From these interviews, they analyzed the aggregate relocation needs of everyone to be displaced, and prepared a plan for meeting those needs. They surveyed the real estate housing market to determine availability of housing to which displaced residents could move. They developed a plan for citizen participation which included distribution of the draft plan to all potential displacees for their review and comment. On 24 July 2001, the draft Relocation Plan was distributed to the six residents and property owners on the east side of Portola Avenue between Alessandro Drive and El Cortez Way. No comments have been received from the public, impacted residents, or on behalf of advocacy groups. No advisory committee was formed by the three residents who will be displaced. G:\RDA\Maria Hunt\W PDATAWYLAIAN\Portola\stfrpts\102501.relocplan.wpd Staff Report Relocation Plan for Portola Avenue Improvements Project October 25, 2001 Page 2 Based upon the forgoing information, Staff recommends that the City Council approve the attached Relocation Plan for the proposed Portola Avenue Improvements Project. The Plan is consistent with relocation benefits that have been described to and offered to residents who will be displaced by the project. The comment period, although not technically required, was sufficient to permit thorough review and response. Submitted by: Lauri Aylaian Project Administrator mh Attachments (1) Approval: Direct of elopment City Manager CITY COUNCIL ,ACTION: APPROVED j/ DENIED RECEIVED OTHER MEETIN3DATE 1 AYES: AA -AA4 9. NOES: yl 4 ABSENT: mob—A1A Q) ABSTAIN: AA ntQ� VERIFIED BY: � Q Corun Original on File with City C1rk's Office G:\RDA\Mana Hunt\WPDATAWYLAIAN\Portola\stfrpts\102501.relocplan.wpd PORTOLA AVENUE IMPROVEMENTS PROJECT RELOCATION PLAN For Displacement of Fifteen Households or Less City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260-2578 (760) 346-0611 Prepared by: Overland Resources, Inc. 77-564 Country Club Drive, Suite 150-104 Palm Desert, California 92211 (760) 772-4255 TABLE OF CONTENTS INTRODUCTION 2 PROJECT AREA DESCRIPTION PROJECT AREA LOCATION 2 PROJECT DESCRIPTION 2 PROJECT SITE PHOTOGRAPHS 3,4 ASSESSMENT OF NEEDS 5 REPLACEMENT HOUSING RESOURCES 6 CONCURRENT RESIDENTIAL DISPLACEMENT 7 TEMPORARY HOUSING 8 PROGRAM ASSURANCES AND STANDARDS 8 RELOCATION ASSISTANCE PROGRAM 8 CITIZEN PARTICIPATION/PLAN REVIEW 9 RELOCATION BENEFIT CATAGORIES Residential Moving Expense Payments 9 Rental Assistance/Down Payment Assistance (Tenants) 10 Last Resort Housing Payment (Tenants) 11 Assistance to Homeowners 11 Last Resort Housing Payment (Homeowners) 13 PAYMENT OF RELOCATION BENEFITS 13 EVICTION POLICY 14 APPEALS POLICY 14 PROJECTED DATES OF DISPLACEMENT 14 ESTIMATED RELOCATION COSTS 14 Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 1 INTRODUCTION The City of Palm Desert has taken action that may result in the purchase and development of property within the City of Palm Desert. As a result, some housing will be affected and several households will likely be permanently displaced for this project to go forward. The location of this housing, which is the subject of this plan, is generally described as follows: South of Fred Waring Drive, North of Highway 111, along Portola Avenue between El Cortez Way and San Marino Circle. Below is a map showing the location of the project area. MAPONO ST"= 1 I —_ I f 0F_____ dOm 300ift Z7 J gRoyal nyorP n n Catalina Way � m r c7 w g D g El Cortez Way .7- ,,, a I �� 11 a tIl a 4 1 De Anza Way `� 1---- \ �v ry me ro d PROJECT + iSan Marino Way LOCATION ? Sari Mi arino;Cir 0 &, I Palm Desert Q ro r,� s Alessandro Dr Alessandro Dr 1 • Palm Desert Dr N !I ___ _,:r, ei) PalMEDesertYD1 7 1---'" _, �{" ' El Camino 02000 MapQuest.com, Inc.;02000 Navgaticn Technobgies -' �.%' Project Description: The project as presently proposed calls for Portola Avenue between El Cortez Way and San Marino Circle to be widened by approximately 23 feet to accommodate two traffic lanes in each direction and a center turn lane. Additional improvements of concrete curbing, gutters and sidewalks are also planned. Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 2 Project Site Photographs: • KYr.fl,.a.- :rnri'`FY4+!agvlt...-.. ::+e", stfla-.iw�Ra`•-i"Cy: p'IA�R.t#.�.•-..•]agr: K' It.A 'i4 'i_j t�,,, M ♦♦ f i�! H- .. r n i Y 's r"` 3"Y1 � . ME* t:?- y.^4'�,y`'i,.,^ yyr�,SMwnL.C+4 e- 74-016 San Marino Circle Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 3 Project Site Photographs: I- .. - . _-_ irza.;_ illitaa-Y 74-011 San Marino Circle • • • • 74-013 De Anza Way Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 4 Overland Resources, Inc. has prepared and will administer this Relocation Plan (the "Plan"), under the direction of or involvement with The City of Palm Desert. This Plan provides the results of a needs assessment survey, a housing resource study and details of the displacing entity's proposed relocation program. This Plan sets forth policies and procedures necessary to conform with statutes and regulations established by the California Relocation Assistance Law, California Government Code section 7260 et seq. (the "ORAL") and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, chapter 6, section 6000 et seq. (the "Guidelines"). If there are federal funds involved in this project, this Plan and benefits may also need to conform to the Uniform Relocation Act (46 U.S.C. § 4600 et seq.), its implementing regulations (49 C.F.R. part 24) and other requirements and regulations of the applicable funding source. No displacement activities will take place prior to the required reviews and approval of this Plan. A. ASSESSMENT OF NEEDS To obtain information for the preparation of this Plan, a personal interview was conducted with all three (3) of the households living on the Project site. Two of the households are owner occupied, one is tenant occupied. All expressed a desire to remain in the City of Palm Desert. Close proximity to employment and schools was a major consideration for two of the households and two households indicated they have immediate family close by. The tenant household would prefer to purchase rather than rent again. One household conducts an in-home business. Table 1 shows some of the household characteristics and needs. Table 1 o -0-m c o Y y o m w O �a m g p 0 O = Za Z Z FZ ZUm mZ U 1 2 3 5 3 3 None N N 2 2 0 2 2 2 None N N 3 1 0 1 3 3 None N Y The U.S. Department of Housing and Urban Development (HUD) establishes income Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 5 limits to determine eligibility for HUD's housing programs. These limits are also considered in determining a household's eligibility for the Last Resort Housing Program as described on Page 11 . The income limits for the "Low" through "Moderate" income categories as established by HUD for Riverside County (April, 2001) are presented in Table 2. Table 2 Standard Number of People in Family 1 2 3 4 5 6 7 8 Very Low Income $17,450 $19,950 $22,450 $24,950 $26,950 $28,950 $30,950 $32,950 Low Income $27,950 $31,950 $35,950 $39,900 $43,100 $46,300 $49,500 $52,700 Median Income $34,950 $39,900 $44,900 $49,900 $53,900 $57,900 $61,900 $65,850 Moderate Income $41,950 $47,900 $53,900 $59,900 $64,700 $69,500 $74,300 $79,050 The neighborhood is primarily residential within close proximity to various retail shopping areas. Medical, educational and transportation services are readily available. B. REPLACEMENT HOUSING RESOURCES A resource survey was conducted over a period of several weeks from May 11 , 2001 through June 12, 2001 to identify available comparable, decent, safe and sanitary units available in close proximity to the Project site. 2 three bedroom units and 1 two bedroom unit will be required to adequately relocate the Project site households. Two of the units are owner occupied and one is tenant occupied, therefore, the survey focused on confirming the availability of comparable, decent, safe, and sanitary units both for sale and for rent, which contain the required minimum number of bedrooms, are of adequate size for each household, and are comparable with respect to the number of rooms and habitable living space. Table 3 reflects available comparable, decent, safe, and sanitary units found in the survey which are of adequate size and contain the required number of bedrooms for each household, and their rent or purchase levels. Table 3 Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 6 RENTAL SUMMARY Unit Type Monthly Rent Comments 3 BR/2 BA $1,300.00 3 BR/2 BA $1,250.00 3 BR/2 BA $1,100.00 FOR SALE SUMMARY Unit Type Listing Price Comments 4 BR/3 BA $225,000 Swimming Pool 3 BR/2 1/2 BA $219,900 Formal Dining Room & Swimming Pool 3 BR/1.7 BA $174,900 Swimming Pool 3 BR/2 BA $175,000 Larger, bonus room not included in sq. footage. 3 BR/2 BA $167,000 Larger, 2 BR/2 BA $140,900 Purchase Lot, build home As demonstrated in table 3 above, there is an adequate supply of decent, safe and sanitary, comparable replacement housing available to accommodate the number of households being displaced by the project. As the resources shown are depleted, other sales and rentals become available. C. CONCURRENT RESIDENTIAL DISPLACEMENT The displacing entity is engaged in no current or proposed displacing activities that may impact the ability to relocate the displaced households. For this reason, as well as the fact that an ample number of replacement housing dwellings were identified in the housing resource survey, no problems are anticipated in relocating these families and individuals. Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 7 D. TEMPORARY HOUSING There is no anticipated need for temporary housing. Should such a need arise, the displacing entity will respond appropriately and in conformance with all applicable laws and requirements. E. PROGRAM ASSURANCES AND STANDARDS There are adequate funds to relocate all the households. Services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. No one will be displaced without 90 days notice and unless "comparable" replacement housing can be located and is available. "Comparable" housing includes standards such as: decent, safe, and sanitary (as defined in § 6008(d) of the Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not lesser in rooms or living space than necessary to accommodate the displaced household; in an area that does not have unreasonable environmental conditions; not generally less desirable than the acquired unit with respect to location to schools, employment, health and medical facilities, and other public and commercial facilities and services; and within the financial means of the displaced household as defined in section 6008, subdivision (c)(5) of the Guidelines. The relocation program to be implemented by the displacing entity conforms with the standards and provisions set forth in Government Code section 7260 et seq., the Guidelines, California Health and Safety Code section 33410 et seq., if applicable, and all other applicable regulations and requirements. F. RELOCATION ASSISTANCE PROGRAM Staff is available to assist any displaced household with questions about relocation and/or assistance in relocating. Relocation staff can be contacted at Overland Resources, Inc., (760) 772-4255. A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the households being displaced. Close contact will be maintained with each household. Specific activities will include: 1 . Distribution of informational brochures and notices. A copy of the Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 8 General Information Notices and Relocation Assistance Handbook are set forth as Attachments 1A, 1 B and 2. 2. Timely referrals to at least three comparable replacement units as defined above and, if necessary, transportation will be provided to inspect potential replacement units. 3. Assistance with completion and filing of relocation claims, rental applications, and appeals forms, if necessary. G. CITIZEN PARTICIPATION/PLAN REVIEW This Plan will be provided to each household and will be made available to the public for the mandatory thirty (30) day review period. Comments to this Plan will be included as a Plan addendum prior to submission for approval by the City Council of the City of Palm Desert. A copy of the approved Plan will be forwarded to the California Department of Housing and Community Development (HCD). H. RELOCATION BENEFIT CATEGORIES Relocation benefits will be provided in accordance with the ORAL, the Guidelines, and all other applicable regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation in accordance with approved procedures. The displacing entity will provide appropriate benefits for each displaced household as required by the above laws and requirements. Residential Moving Expense Payments The subject households will be eligible to receive a payment for moving expenses. Payments will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. The subject households will be eligible to receive a payment for moving expenses. Payments will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. 1) Fixed Payment - A fixed payment for moving expenses based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be based upon the most recent Federal Highway Administration schedules maintained by the California Department of Transportation. The current schedule provides for the following amounts: Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 9 Occupant Owns Furniture Number of 1 2 3 4 5 6 Rooms Payment $500 $650 $800 $950 $1 ,150 $1,350 Moving costs for families moving from furnished units are based on a different schedule - OR - 2) Actual Reasonable Moving Expense Payments - The displaced households may elect to have a licensed, professional mover perform the move; if so, the displacing entity will pay for the actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced household. Rental Assistance/Down Payment Assistance Displaced households who are residential tenants and who have established residency within the Project site for a minimum of 90 days prior to the "initiation of negotiations" will be eligible for both Rental Assistance and Moving Expense Payments. "Initiation of Negotiations"is defined as the first written offer to buy the property from which the households will be displaced. In this case, the estimated or actual date of the first written offer to purchase the properties of the tenant households is January 11 , 2001 Except in the case of Last Resort situations, Rental Assistance Payments will be limited to a maximum of $5,250 based upon the monthly housing need over a forty-two (42) month period. in addition, the households may opt to apply the amount to which they are entitled toward the purchase of a replacement unit. Last Resort Housing Payment "Last Resort Housing" payments are authorized by statute if affordable "comparable replacement housing" cannot be found for the displaced tenant Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 10 household (i.e., housing not more than 30% of the household's average monthly income.) In this case, payments may be made beyond the $5,250 statutory cap up to 42 months worth of rental assistance. The supplemental increment beyond $5,250 may be paid in installments or in a lump sum at the discretion of the displacing entity. If a household chooses to purchase a replacement home rather than rent, the household will have the right to request a lump sum payment of the entire balance to which they are entitled. Assistance to Homeowners It is anticipated that 2 homeowners will be displaced by this Project. Homeowners displaced by this Project will be eligible for relocation replacement housing payments if the following conditions are met: (a) The household has owned and occupied their unit for not less than 180 days prior to the "Initiation of Negotiations." (See Rental Assistance/Down Payment Assistance above); and (b) The household purchases and occupies a replacement unit within one year from: (i) the date that the household receives the final payment from the displacing entity for all the costs of the acquired unit - or- (ii) the date that the household vacates the acquired unit, whichever is later. Displaced homeowner households will receive assistance in locating a "comparable replacement" unit and will be eligible for the following benefits, not to exceed $22,500: 1 . Purchase Price Differential: The displaced households will be entitled to receive an amount equal to the difference between the price paid for the acquired unit and the amount required to purchase a "comparable replacement" unit. The displacing entity is allowed the following options in paying any price differential as explained in section 6102 of the Guidelines (a) Comparative Method: On a case-by-case basis, the displacing entity will determine the price of a "comparable replacement" unit, which is most representative of the acquired unit, by selecting and considering the listing price of at least three (whenever possible) "comparable Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 11 replacement" units. (b) Schedule Method: If the Comparative Method is not feasible, the displacing entity may establish a schedule of reasonable acquisition costs of "comparable replacement" units based on a current analysis of the housing market. (c) Alternative Method: When neither the Comparative nor Schedule Methods are feasible, the displacing entity may use another reasonable method. The Comparative Method has been chosen as the means of determining the replacement housing costs because the number of units to be displaced is low and the size and amenities of each unit varies significantly. 2. Other Payments: Moreover, displaced homeowners will receive the following assistance: (a) Payments to cover the cost between the difference of the household's current debt or mortgage service and any increase in debt or mortgage costs necessary to acquire a "comparable replacement" housing unit; and (b) Incidental and reasonable one-time costs for acquiring a replacement unit, such as escrow costs, and recording and credit reporting fees. Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 12 3. Rental Assistance Option: If a displaced homeowner household, which has purchased and occupied its current unit at least 180 days prior to the "initiation of negotiations," desires to rent instead of purchase a replacement unit, the household is eligible for all the benefits and assistance that is available to tenant households. However, such replacement housing payments may not exceed the payments the household would have been entitled to if it had elected to purchase a replacement unit. 4. Last Resort Housing Payments: If there is not enough "comparable replacement housing" available, the displacing entity shall pay whatever costs are necessary beyond the statutory cap of $22,500 to acquire a "comparable replacement" unit, including reasonable incidental expenses. A displaced homeowner household which has purchased and occupied its current unit for less than 180 days but at least 90 days prior to the "initiation of negotiations" is eligible for all the assistance and benefits that are available to a tenant household. I. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the displacing entity within eighteen (18) months from: (i) the date the claimant moves from the acquired property; -or- (ii) the date on which final payment for the acquisition of real property is made, whichever is later. Relocation staff will provide procedures for preparing and filing of claims and processing and delivering of payments. No household will be displaced until "comparable" housing is located as defined above and in section 6008, subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any replacement units to which referrals are made to verify that they meet all the standards of decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines. However, no household will be denied benefits if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. J. EVICTION POLICY Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 13 • 9 The displacing entity recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. Eviction will only take place in cases of nonpayment of rent, serious violation of the rental agreement, a dangerous or illegal act in the unit, or if the household refuses all reasonable offers to move. Eviction will not affect the eligibility of a person legally entitled to relocation benefits. K. APPEALS POLICY The appeals policy will follow the standards described in section 6150 et seq. of the Guidelines. Briefly stated, the displaced household will have the right to ask for review when there is a complaint regarding any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. A copy of the established appeals policy and procedures is set forth as Attachment 3. L. PROJECTED DATES OF DISPLACEMENT Households will receive a 90 day notice to vacate before they are required to move. These notices are expected to be issued on or about December 1 , 2001 . Relocation is expected to be completed for all households on or about February 28, 2002. M. ESTIMATED RELOCATION COSTS The displacing entity anticipates using general funds and Capital Improvements Program Funds. Any and all required financial assistance will be provided. The budget estimate for this Project (including Right of Way Acquisitions, Relocation Design and Construction) is $ 1 .8 Million These figures should not be interpreted as firm "not to exceed" or actual entitlement costs. These figures are based on the data obtained through occupant interviews, current project scope, replacement site availability, estimated moving costs, and the judgment and experience of the writer. They do not include payments to consultants. Relocation Plan City of Palm Desert Portola Avenue Improvements Project Page 14 TABLE OF ATTACHMENTS Attachment 1: General Information Notice Attachment 2: Relocation Assistance Program Handbook Attachment 3: Relocation Appeal Procedures Attachment 4: Plan Addendum. (Comments submitted regarding the Plan by the Public or HCD.) ATTACHMENT 1A OVER1A I RESOURCE April 17, 2001 Occupant Street Address Palm Desert, CA 92260 Subject: GENERAL INFORMATION NOTICE PROJECT NAME: Portola Avenue Improvements Project Dear Occupant: As you are aware, the City of Palm Desert has made an offer to purchase the property you own and occupy. The City plans to acquire your property as part of the proposed Portola Avenue Improvements Project and, therefore, the City has established your eligibility for RELOCATION ASSISTANCE. As the eligible owner-occupant of the property, you are entitled to certain benefits under the State Relocation Assistance Program. These benefits are briefly outlined below and are discussed in further detail in the brochure. You will be given at least 90 days written notice and at least three referrals to v::- '= i g comparable replacement housing before you will be required to move from the property. d As the owner-occupant of the property on the date of the first offer, you are entitled to: 1 -- ,' ; -�` ' , i 1. Relocation Advisory Assistance. Your Relocation Advisor will assist you in finding -,.,,"� �. a replacement residence and in filing claims with the City for payment. ... 2. MovingExpenses. You mayselect a moving ' `p payment based on: s _ A. Moving Allowance Schedule based on the number of rooms at the displaced `> dwelling so that you can move your own personal property; or V' N ; �,, B. Moving Service Authorization where the City makes direct payment to an ., ', f'"f _ approved professional mover to pack, move and unpack you personal property. - --: Your Relocation Advisor will discuss these options with you. ,, �' i`," 3. Replacement Housing Payment. Having owned and occupied the property for -~7,7- ".: 180 or more consecutive days immediately preceding the first written purchase offer, you may be eligible for monetary assistance to acquire or rent comparable .*ham replacement housing. This assistance is composed of the following replacement `r. a housing benefits: ..; \�t ,,,,,..,5 ...i.\ r 1Nk gl Rilks644.1i ATTACHMENT 1A Notice of Relocation Assistance OVEsto A EI Page 2 A. IF YOU BUY REPLACEMENT HOUSING: • A PRICE DIFFERENTIAL. This is to cover the increased cost you may have to pay when you buy a new home. It is the difference between the cost of a comparable replacement dwelling or, if less, the cost of the replacement dwelling you select, and the price paid for your home. • INCIDENTAL EXPENSES. You will be reimbursed actual and reasonable expenses incurred on closing the purchase of a comparable replacement dwelling. • INCREASED MORTGAGE INTEREST. You may be eligible for the increased interest costs you incur for a conventional mortgage on a replacement property to the extent of the remaining balance and term of _ the mortgage on the acquired property. x---. , B. IF YOU RENT REPLACEMENT HOUSING: 3 , ;,,: • RENTAL ASSISTANCE PAYMENT: If you elect to rent replacement MN >� housing, you will be eligible for a rental assistance payment. Your = F . �f Relocation Advisor will explain this in detail. r ft., hj i a The City of Palm Desert has selected Overland Resources, Inc. as their Relocation CVO Consultants. The Relocation Assistance Program is very complex. It is important that ►/; ~v/' you be advised regarding matters that relate to your eligibility and the documentation "-.._:- -fir you need to provide. The City of Palm Desert has been assigned to assist you in the relocation process and answer your questions concerning your relocation payments. In `o order for you to maintain eligibility for relocation payments, please advise and consult ram , ' with Kathy Woolley before committing to or taking any action to purchase a replacement dwelling or moving your personal property. Please contact Kathy Woolley at (760) /f'r'-,r--`, .4. , �� 772-4255 for assistance and further information regarding this project. /1 -. ; Sincerely, Original received: _` `'' � . .. Date -__�.)*,�;_ ;. 4. i.�,= By: I{„ :• «f By: {;, Kathy Woolley 7:2; ,� �, Relocation Advisor `, 'c Gin ,; ATTACHMENT 1 B OVERIANI April 17, 2001 RESOURCE Occupant Street Address Palm Desert, CA 92260 Subject: General Relocation Information Notice Portola Avenue Improvements Project Dear Occupant: The City of Palm Desert is in the process of acquiring the property you occupy for the proposed, Portola Avenue Improvements Project. This notice is to inform you of your potential rights under State law. In the event the City of Palm Desert successfully acquires the property you occupy and you are subsequently notified and required to move, you may be eligible to receive relocation assistance and benefits under the California Relocation Assistance Act and the State Relocation Guidelines. HOWEVER, PLEASE BE ADVISED THAT THIS IS NOT A NOTICE TO VACATE THE PREMISES AND YOU SHOULD NOT MOVE NOW. You should continue to pay 2, C''= ; /.,,, your monthly rent to your landlord because failure to pay rent and meet your other ``• < ; ,7' obligations as a tenant, may be cause for eviction and loss of relocation assistance to \` -' which you may be entitled. You are urged not to move or sign any agreement to I `¢ f .,.1 purchase or lease a new unit before receiving formal notice of your eligibility for f relocation assistance. If you move or are legally evicted by the landlord before receiving ```- ,- such notice, you may not be eligible to receive any relocation assistance. Please contact Overland Resources, Inc., the City's Relocation Consultants before you make any •-- ` " ' moving plans. --.. If the property you occupy is acquired for the Project and you are eligible for F relocation assistance: (a) you will be offered relocation advisory services, including . ,, _ .i referrals to comparable replacement housing; (b) you will not be required to move - -- ' "' unless you have received at least 90 days' written notice of the date you will be required %^,.. to move; and (c) you may be eligible to receive a payment for moving expenses and �� / ' ' f ./`.,financial assistance to help you purchase or rent a replacement dwelling. No person �° who is lawfully occupying real property required for the project will be asked to move �� 'c y, without first being given at least 90 days advance notice, in writing. No occupants ��. � � `;, eligible for relocation payments will be required to move unless adequate decent, safe s ... and sanitary replacement housing is available. y`'}'.s You may appeal to the City's Relocation Appeals Board if you believe that the City has c'" failed to properly :•s'r.+N p p y determine your eligibility for, or the amount of, payment authorized. ; If for any reason any other persons move into this unit with you after this notice, your -, : , assistance may be reduced. This assistance is more fully explained in the enclosed - :_ •' . ,- w c•brochure. '‘ , Again, this is not a notice to vacate and does not establish eligibility for relocation , payments or other assistance. When the property you occupy is acquired, you will be notified in writing. " -c :. , •. • • \` \ ,` cn "� •; Page I of 2 ...,�� �� l if rtitik' s). '•''ft. '' 6 ATTACHMENT 1 B OVA RESOURCE If you have any questions about the project or information contained in the enclosed brochure, please call Overland Resources, Inc. at (760) 772-4255. Sincerely, Overland Resources,Inc. Kathy Woolley Relocation Advisor On Behalf of the City of Palm Desert Original received: (Date) By: B\: . 1 1 01 r '�-�.`` /' C t kiktii5:A/4"ii ;t$1 f m, c,,,,2.5.fr.---..„--,:. y,;401.4- 1 .:: f, `, 6.' .. s, 7..: J •}.1- • fipt‘ Pave 2 of 2 ATTACHMENT 2 Residential Relocation Assistance Program Handbook City of Palm Desert "Portola Avenue Improvements Project" ATTACHMENT 2 Relocation Assistance Program Handbook Project Assurances 3 Definition of Terms 4 Governing Regulations 5 Summary of Occupant Benefits 5 1. Relocation Advisory Services 5 2. Moving Cost Assistance 7 3. Rent Differential Payments 7 4. Purchase Differential Payment 9 5. Incidental Expenses Payment 9 6. Interest Differential Payment 9 Last Resort Housing Program 9 Claim Processing and Distribution of Payments 10 Occupant Notification 10 Project Scheduling 10 The Appeals and Grievance Process 10 Time for Occupying Replacement Dwelling and Filing Claims 10 2 ATTACHMENT 2 The Relocation Assistance Program This Relocation Assistance Program handbook (Handbook) summarizes the City's Relocation Assistance Program as it pertains to the occupants of the Project Area. This summary of benefits has been provided for general information purposes only and it is not meant to be interpreted as law. Should any difference or error occur, the law will take precedence. The Relocation Assistance Program as set forth in this section has been adopted as the Policies and Procedures of the City for the implementation of this project. These Policies and Procedures have been developed in order to 1) meet the particular relocation needs of the project occupants, and 2) meet the requirements of State and Federal regulations pertaining to displaced persons. All project occupants will be contacted and Project Assurances interviewed by a Relocation Advisor after the City makes a written offer to acquire the property. The Relocation Advisor will interview the project occupants to determine individual relocation needs for a replacement location and for other services. No one who lawfully occupies the project dwellings will be required to move without at least 90 days written notice and after detailed information on the relocation program, services and payments has been given to the occupant. This Handbook is not a notice to move from the project area. If an occupant of the project area moves out before they receive a Letter of Entitlement from the City, they may lose their eligibility to receive assistance and benefits. Project occupants are encouraged to contact the City's Relocation Consultant, Overland Resources, Inc., and to cooperate with the staff. The Consultant' s address and telephone number are listed below: 77-564 Country Club Drive, Suite 150-140 Palm Desert, California 92211 (760) 772-4255 3 ATTACHMENT 2 Various terms and conditions have been defined in Definition of Terms this section in order to provide the reader with greater understanding of the Relocation Assistance Program available to the project occupants. Comparable Replacement Dwelling. For the purposes of this project, a general definition of a comparable replacement dwelling for project occupants is a dwelling that is: • Decent, Safe and Sanitary as described below; • Functionally equivalent to the displacement dwelling. The term "functionally equivalent" means that it performs the same function, provides the same utility, and is capable of contributing to a comparable style of living; • In an area not subject to unreasonable adverse environmental conditions from either natural or human sources; • Currently available to the project occupants; • Within the financial means of the displaced person, either by their own means or through assistance from the City. Decent, Safe & Sanitary(DS&S). In order to meet Decent, Safe and Sanitary requirements, a replacement site must meet the following criteria: • Be structurally sound, weather-tight and in good repair. • Contain a safe electrical wiring system adequate for lighting and other devises. • Contain a safe heating system capable of sustaining a healthful temperature. • Be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced person. • Contain unobstructed egress to safe, open space at ground level. If the dwelling unit is on the second story or above, with access directly from or through a common corridor, the common corridor must have at least two means of egress. • For a person who is mobility impaired, be free of any barriers that would preclude reasonable ingress, egress, or use of the dwelling by such person. 4 ATTACHMENT 2 Eligible Occupant. Relocation Assistance Benefits will be available to all tenants who legally occupy the dwelling 90 days prior to the City's First Written Offer to purchase the property from the owner. If the occupant is the homeowner, they must have been in occupancy for 180 days prior to the City's First Written Offer in order to be eligible to receive full Relocation Assistance Benefits. Relocation Assistance shall be provided to all project Governing Regulations occupants in compliance with California Relocation Assistance and Real Property Acquisition Guidelines, California Code of Regulations, Title 25, Chapter 6, the Government Code of the State of California, Section 7260 et seq. and The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. An explanation and application of these guidelines follow. The City has adopted the following Relocation Summary of Assistance program in order to provide the project Occupant Benefits occupants with the benefits to which they are entitled under Federal and State Relocation Guidelines. A. Relocation Advisory Assistance. Each eligible project occupant will have access to a Relocation Advisor. The Relocation Advisor shall provide ongoing advisory assistance to the occupant by assisting the occupant in locating and securing a replacement dwelling. In addition, the Relocation Advisor shall ensure that each eligible occupant receives the following: 1 . Each eligible occupant will receive Relocation Advisory Assistance and will be eligible to receive Relocation Benefits as soon as a written offer is made to the owner of the property. Each eligible occupant will receive written documentation concerning their rights and Relocation Benefits after a written offer is made to the owner. 2. Each eligible occupant shall be interviewed by their Relocation Advisor. The Relocation Advisor shall request documentation concerning length of occupancy and income. 3. The Relocation Advisor will study the availability of comparable replacement sites in the area. Consideration will be given to the condition of the dwellings and whether or not they compare favorably to the acquired site. A determination will then be made as to the realistic cost for a comparable, decent, safe and sanitary dwelling in the area. Each eligible occupant will then receive a Letter of Entitlement that will explain the specific Relocation Benefits to which they are entitled. 5 ATTACHMENT 2 4. The development of this project shall be scheduled so that no person lawfully occupying the acquired site shall be required to move from the dwelling without a 90 days' written notice from the City of the date by which such a move is required. The 90 Day Notice to Vacate will also include a list of referrals to available replacement housing in the area. The Relocation Advisor shall also inform each occupant of the eviction policies that will be pursued in order to carry out the project. 5. Each eligible occupant shall receive current and continuing information on the availability of comparable replacement dwelling in the area. 6. Each eligible occupant shall be provided with a Relocation Advisor who shall act as a liaison to prospective landlords, Realtors and the City. The Relocation Advisor shall provide documentation to prospective landlords, lenders and Realtors concerning Relocation Benefits. In addition, the Relocation Advisor shall help each occupant complete Relocation Claims that will be submitted to the City. Should an occupant have a grievance against the City in regards to Relocation Policies and Procedures, the Relocation Advisor will provide the occupant with information concerning the City's Grievance Procedures. 7. The Relocation Advisor shall inspect each replacement dwelling to ensure that the unit meets Decent, Safe and Sanitary standards. 8. The Relocation Advisor shall provide any services required to insure that the relocation process does not result in different or separate treatment of occupants on account of race, color, religion, national origin, sex, marital status or other arbitrary circumstances. 9. The Relocation Advisor shall provide other advisory assistance to eligible persons in order to minimize their hardships. When needed, such assistance shall include counseling and referrals with regard to housing, financing, employment, training, health and welfare, as well as other assistance. 6 ATTACHMENT 2 B. Moving Cost Assistance. Each project household will be assisted with the cost to move their personal property from their current home to their replacement site. Occupants have two options to receive payment. 1. Moving Cost Allowance. A household may choose to move their own property to the replacement site. A claim will be submitted by the household and payment will be made to the household based on the following Moving Cost Allowance Schedule. This allowance is in accordance with the schedule maintained by the California Department of Transportation. Moving Cost Allowance Schedule Occupant Owns Furniture Number of Rooms 1 2 3 4 5 6 Payment $500 $650 $800 $950 $1 ,150 $1 ,350 Moving costs for families moving from furnished units are based on a different schedule OR 2. Professional Moving Assistance. The household may choose to have a professional moving company move their personal property from their current dwelling to their replacement site. The City will pay actual moving expenses based on the lower of at least two acceptable moving bids from qualified professional moving carriers to pack, move and unpack all personal property from their home to the replacement site. The City will cover all reasonable costs associated with moving and insuring the occupant's personal property up to 50 miles from their current dwelling. If an occupant chooses this option, a professional moving company may be paid directly by the City to perform the move. Under this option, the City will also pay for the reconnecting of utilities at the replacement site and for the cost to store personal property moved from the site for up to 12 months, if determined to be necessary by the City. C. Rent Differential Payments. A Rent Differential Payment will be available to all eligible tenant occupants. The purpose of a Rent Differential Payment is to allow an occupant to relocate to a comparable replacement dwelling without having to pay an increase in rent and to make the unit affordable to the tenant. The City will make all Rent Differential Payments either directly to the tenant or to the tenant's new landlord. 7 ATTACHMENT 2 There are two ways to calculate tenant Rent Differential Payments under the City's Relocation Assistance Program. If the occupant provides adequate documentation, then the City will calculate the Rent Differential Payment using each method. The occupant will be eligible to receive a payment based on whichever method provides the greatest assistance. The maximum Rent Differential Payment is $5,250.00 1) Based on the Difference Between Most Comparable Rent and Current Rent: The City will perform a Study to determine the cost to rent a comparable, decent, safe and sanitary replacement dwelling in the area. The City will then subtract the amount of the household's current rent and utilities from the most comparable rent and estimated utilities. This will equal the amount of the maximum Rent Differential Payment to which the household is entitled each month. This assistance is provided for 42 months. Comparable Rent Plus Estimated Utilities minus:Current Rent and Actual, Average Utility Costs equa/s:Maximum Monthly Rent Differential Payment OR 2) Based on the Difference Between Most Comparable Rent and 30% of Gross Monthly income. The City will perform a Study to determine the cost to rent a comparable, decent, safe and sanitary replacement dwelling in the area. The City will require the household to provide documentation of all household income. The City will then subtract 30% of the household's Gross Monthly Income from the most comparable rent and estimated utilities. This equals the amount of the maximum Rent Differential Payment to which the household is entitled each month. This assistance is provided for 42 months. Comparable Rent Plus Estimated Utilities minus:30% of the Household's Gross Monthly Income equa/s:Maximum Monthly Rent Differential Payment Each eligible tenant household will receive a Letter of Entitlement that describes all Relocation Benefits and the maximum Rent Differential Payment to which the household is entitled. The Letter will also explain the "Spend to Get" requirement. The Spend to Get requirement means that the occupant must use the funds to rent a comparable replacement dwelling in order to receive a Rent Differential Payment each month. If an occupant so chooses, they may use their Rent Differential Payment to purchase a replacement dwelling. If the occupant chooses this option, they must use the funds as a down payment and towards non-recurring closing costs. 8 ATTACHMENT 2 D. Purchase Differential Payment. The owner occupant of a dwelling to be acquired may be entitled to receive a Purchase Differential Payment if they have owned and occupied the dwelling for not less than 180 days prior to the first written offer from the City. The Purchase Differential Payment is the difference between the cost of a comparable replacement dwelling and the acquisition price paid by the City. The maximum Purchase Differential Payment is $22,500.00 The City will perform a housing Study to determine the cost to purchase a comparable replacement home in the area. The City will then calculate the difference between the cost to purchase a replacement home and the price paid by the City for the current dwelling. E. Incidental Expenses Payment. The owner occupant of a dwelling may also be entitled to receive an Incidental Expenses Payment based on the Closing Costs to purchase a comparable replacement dwelling. The incidental expenses to be paid are those necessary and reasonable costs actually incurred by the owner as a result of the purchase of a replacement dwelling, and customarily paid by the buyer. If necessary, the Incidental Expenses Payment will be prorated to reflect the purchase of a comparable replacement dwelling as determined by the City. F. Interest Differential Payment. The owner occupant of a dwelling may also be entitled to receive an Interest Differential Payment based on the cost to secure a loan to purchase a comparable replacement dwelling. This payment is provided to ensure that the displacee is able to secure a comparable replacement property without incurring additional loan costs. Housing of Last Resort is a program which allows for Last Resort the implementation of certain regulations if the Housing Program Purchase Differential Payment or the Rent Differential Payment exceeds the standard limits as set by State and Federal Regulations. These regulations stipulate that any tenant occupant who is eligible to receive a Rent Differential Payment in excess of $5,250 and any owner occupant who receives a purchase Differential payment in excess of $22,500 is to be considered for housing of Last Resort. If project occupants fall into this category, it will be necessary for the City to provide Last Resort housing for the occupants. All payments are based on the most comparable replacement property as approved in the City's Comparable housing Study. As with all other Replacement Housing Payments, occupants must meet Spend to Get requirements in order to claim Last Resort Housing Payments. 9 ATTACHMENT 2 All claims are to be filed through the household's Claim Processing and Relocation Advisor. The Advisor will assist the Distribution of Payments occupants in completing their claim forms, will notify each household of the documentation needed in order to file the claim and will inspect all replacement properties as needed. Each claim will be submitted along with documentation to the City for review and processing. Checks will be available for approved claims within 30 days of the date all documentation is submitted to the Relocation Advisor. The Relocation Advisor will personally notify each Occupant household in writing of their eligibility to receive Notification Relocation Assistance and will schedule an appointment for an interview once an offer has been made to purchase the property. The Advisor will also deliver the household's Letter of Entitlement and all subsequent notices to vacate as necessary. All projects shall be scheduled so that no person Project Scheduling lawfully occupying the project site will be required to move from their home without first receiving a Letter of Entitlement and 90 days written notice from the City of the date by which such a move is required. The City will deliver a Letter of Entitlement to each occupant so that the occupant will be fully informed of available assistance. In the event an occupant believes they have been The Appeals and denied an eligible benefit, or dispute the amount of Grievance Process any payment, or have been discriminated against in any manner, the occupant will be afforded an opportunity to file an appeal or grievance with the City's Relocation Appeals Board, or its designee, who will consider the claim and documentation and will prepare a written response of approval or denial of the claim. The Relocation Advisor will explain the City's grievance procedure in greater detail as necessary. The replacement dwelling must be occupied within Time for Occupying 12 months after the date of displacement. Replacement Dwelling and Filing Claims All claims must be filed within 18 months after the date of displacement 10 ATTACHMENT 3 RELOCATION APPEALS PROCEDURES The Relocation Appeals Board was established pursuant to the City Council of the City of Palm Desert's Resolution No. 99-104. The Relocation Appeals Board (RAB) consists of 5 members of the Housing Authority. Relocated residents who wish to appeal a decision made about his or her relocation benefits must notify, in writing, the City of Palm Desert, Housing Commission, within 60 days of the date that the relocated resident receives notice of the decision that is being appealed. The Housing Commission shall review all staff recommendations regarding the City's denial or refusal to consider a claim and provide written notification to the claimant of the initial determination of the Housing Commission. The Housing Commission will provide further written information to the claimant whenever the claimant requests an explanation of the Housing Commission's initial determination. This information will be entered in the file and provided to the Relocation Appeals Board (RAB) in the event the claimant requests formal review and reconsideration. The written notification of the resident's desire for a second level appeal should be directed to the City of Palm Desert, Housing Authority, and contain a brief explanation of the decision that is being appealed and why the resident feels that it is unfair. The "request for review and consideration" will be considered by the Housing Authority to be an application for a hearing before the Relocation Appeals Board (RAB). Within 14 days of the receipt of the "request for review and consideration", the Housing Authority shall notify the applicant of the time, date and location of the public hearing, which hearing shall not be unduly delayed. Within 10 days of the conclusion of the public hearing the RAB shall notify the City staff of its findings and recommendation. The City staff must then promptly issue to the complainant a final written decision based on the findings and recommendations of the RAB. This process allows the possibility of two separate hearings for persons who wish to appeal a decision regarding relocation benefits. The RAB will make its final decision after considering the recommendation of the Housing Commission and any additional testimony from the applicant. Any further action will need to be made through the Courts.