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HomeMy WebLinkAboutFred Waring Improvements Project - Relocation Plan CITY OF PALM DESERT STAFF REPORT REQUEST: APPROVAL OF THE AMENDMENT TO THE RELOCATION PLAN PREPARED FOR THE FRED WARING DRIVE IMPROVEMENTS PROJECT DATE: NOVEMBER 8, 2001 CONTENTS: AMENDMENT TO RELOCATION PLAN - FRED WARING DRIVE IMPROVEMENTS PROJECT Recommendation: By Minute Motion, that the City Council approve the amendment to the Relocation Plan for the Fred Waring Drive Improvements Project. Executive Summary: This recommendation is a housekeeping item that will approve a relocation plan amendment that was prepared for three homes on the south side of Fred Waring Drive. 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 initiation of negotiations to acquire property for a project. In May of 2000, the City Council approved a Relocation Plan that was developed for the residents on the north side of Fred Waring Drive between San Pascual Avenue and Deep Canyon Road. This plan was used to successfully relocate all impacted residents in that area. Subsequent development of the engineering design for the road widening determined that acquisition of three additional homes on the south side of Fred Waring Drive was required. These homes are at the east end of the project, adjacent to Deep Canyon Road. Because these homes were not technically included in the original relocation plan that was prepared, an amendment to the Relocation Plan was deemed to be appropriate by State of California Housing and Community Development. G\RDA\Maria Hunt\WPDATA\AYLAIAN\STFRPTS\11801relocpinamnd fw Staff Report Approval of Amendment to Relocation Plan - Fred Waring Drive Improvements November 8, 2001 Page 2 Overland Resources, as a consultant to the City, prepared an amendment to the adopted Relocation Plan and distributed it to the impacted residents for their review, consideration and comments. No comments were received in response to this distribution of information. The residents have been successfully relocated within the last six weeks. Approval by Council of the Amended Relocation Plan is still appropriate for record purposes. Submitted by: Lauri Aylaian Project Administrator mh Approval: CITY COUNCIL ACTION: APPROVED DENIED RECEIVED OTHER Director of Redevelopment MEETIN DATE - i 0 AYES: ` 4. ..A Asa SPI 1MMIN � ,..4 NOES: t � 4 ABSENT: cl� a • City Manager ABSTAIN: L2 VERIFIED BY: . / o rk VD Original on File with Clot C]er k's Office G:\RDA\Maria Hunt\W PDATAWYLAIAN\STFRPTS\11801 relocpinamnd.fw FRED WARING DRIVE IMPROVEMENTS PROJECT AMENDMENT TO RELOCATION PLAN 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 August 10 2001 TABLE OF CONTENTS INTRODUCTION 2 PROJECT AREA LOCATION 2 PROJECT DESCRIPTION 3 ASSESSMENT OF NEEDS 3 REPLACEMENT HOUSING RESOURCES 4 CONCURRENT RESIDENTIAL DISPLACEMENT 5 TEMPORARY HOUSING 5 PROGRAM ASSURANCES AND STANDARDS 5 RELOCATION ASSISTANCE PROGRAM 6 CITIZEN PARTICIPATION/PLAN REVIEW 7 RELOCATION BENEFIT CATAGORIES Residential Moving Expense Payments 7 Rental Assistance/Down Payment Assistance (Tenants) 8 Last Resort Housing Payment (Tenants) 9 Assistance to Homeowners 9 Last Resort Housing Payment (Homeowners) 11 PAYMENT OF RELOCATION BENEFITS 11 EVICTION POLICY 11 APPEALS POLICY 12 PROJECTED DATES OF DISPLACEMENT 12 ESTIMATED RELOCATION COSTS 12 Amendment to Relocation Plan City of Palm Desert Fred Waring Drive Improvements Project Page 1 INTRODUCTION On May 25, 2000, a Relocation Plan was submitted for public review and comment related to the proposed Fred Waring Drive Improvements Project. The Plan addressed the relocation impact resulting from the displacement of approximately 31 households. Final design changes now necessitate the acquisition of additional properties and, as a result, two more households will be relocated. The location of this housing, which is the subject of this amended plan, is generally described as follows: Between Deep Canyon Road and Florine Avenue along the south side of Fred Waring Drive. The properties' frontage is on Goleta Avenue. Below is a map showing the location of the project area. PIN s o —IST"= ,7 ollm I r .300ft quo Ar4 4^ C o io l U 4� Via Palmira gI - Q. 0 0 LL Fred Warin Dr Goleta Ave PROJECT o o Saguaro Ln Santa Rosa C LOCATION _ R, —7 cl? C( 171) y y 73 Poi o�in •Cx VaniCG Ct (i— Catalina Way f!. _° s _ p ms Dr n = Baden Pt % e Dr ' Sorrento Ct Q I 02000 MapQuest.com, Inc.;02000 Navigation Tech nob 1 gias Project Description: Amendment to Relocation Plan City of Palm Desert Fred Waring Drive Improvements Project Page 2 The section of road addressed by the original report is between San Pascual Avenue and Deep Canyon Road, on the north side of Fred Waring Drive. The proposed street improvements project is intended to include six travel lanes, bike lanes, golf cart paths, sidewalks and landscaped medians. Overland Resources, Inc. has prepared and will administer this amended Relocation Plan (the "Plan"), under the direction of or involvement with The City of Palm Desert. This amended Plan provides the results of a needs assessment _survey, a housing resource study and details of the City's relocation program. This amended Plan again 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 "CRAL") and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, chapter 6, section 6000 et seq. (the "Guidelines"). A. ASSESSMENT OF NEEDS To obtain information for the preparation of this Plan, a personal interview was conducted with both of the households living on the Project site. One of the households is owner occupied, one is tenant occupied. Both expressed a desire to remain in the City of Palm Desert within close proximity to employment, schools and their immediate family. The tenant household would prefer to purchase rather than rent again. Table 1 shows some of the household characteristics and needs. Table 1 p .y-. `p N O N 7,1 y tll .�-. L d ' d N N o N O N • f4 t o111- E. �L H E E �� E�� ac'Z u� = z zU zo ZUct zco J H N 1 2 1 3 4 4 None N N 2 2 1 3 3 3 None N N The neighborhood is primarily residential within close proximity to various retail shopping areas. Medical, educational and transportation services are readily available. The U.S. Department of Housing and Urban Development (HUD) establishes income limits to determine eligibility for HUD's housing programs. These limits are also Amendment to Relocation Plan City of Palm Desert Fred Waring Drive Improvements Project Page 3 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 B. REPLACEMENT HOUSING RESOURCES A resource survey was conducted over a period of several weeks from June 17, 2001 through August 9, 2001 to identify available comparable, decent, safe and sanitary units available in close proximity to the Project site. One four-bedroom unit and one three-bedroom unit will be required to adequately relocate the Project site households. One of the units is 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 Rental Summary Unit Type Monthly Rent Address Comments 3 Br/2Ba $1,100.00 74-140 Desert Star Amendment to Relocation Plan City of Palm Desert Fred Waring Drive Improvements Project Page 4 3 Br/2Ba $1,150.00 73-032 Helen Moody 3 Br/2Ba $1,195.00 77-305 Florida Ave. 3 Br/2Ba $1,200.00 43-255 Warner Trail 3 Br/2Ba $1,200.00 43-160 Virginia Ave. 3 Br/2Ba $1,300.00 76-734 Florida Ave. Houses For Sale 4 Br/1.75Ba $179,500 74-169 Rutledge Pool and 2 Car Garage 4 Br/2Ba $199,00 74-081 Erin Street Pool, RV Pkg. and 2 Car Garage 4 Br/2Ba $214,900 42-662 Sussex Pool and 2 Car Garage 4 Br/2Ba S225,00 44-735 San Antonio Pool, Spa&2 Car Garage 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. 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. Amendment to Relocation Plan City of Palm Desert Fred Waring Drive Improvements Project Page 5 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 General Information Notices and Relocation Assistance Handbook are set forth as Attachments 1A, 1B 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 amended 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 amendment 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 Amendment to Relocation Plan City of Palm Desert Fred Waring Drive Improvements Project Page 6 forwarded to the California Department of Housing and Community Development (HCD). H. RELOCATION BENEFIT CATEGORIES Relocation benefits will be provided in accordance with the CRAL, 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: Number of 2 3 4 5 6 7 Rooms Payment $650 $800 $950 $1,150 $1,350 $1,550 Moving costs for families moving from furnished units are based on a different Amendment to Relocation Plan City of Palm Desert Fred Waring Drive Improvements Project Page 7 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 June 15, 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 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. Amendment to Relocation Plan City of Palm Desert Fred Waring Drive Improvements Project Page 8 Assistance to Homeowners It is anticipated that one homeowner 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 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 Amendment to Relocation Plan City of Palm Desert Fred Waring Drive Improvements Project Page 9 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. 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. Amendment to Relocation Plan City of Palm Desert Fred Waring Drive Improvements Project Page 10 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 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 Amendment to Relocation Plan City of Palm Desert Fred Waring Drive Improvements Project Page 11 The displacing entity anticipates using Redevelopment funds, Measure A monies, 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 and Relocation) is $ 640,000 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. Amendment to Relocation Plan City of Palm Desert Fred Waring Drive Improvements Project Page 12 TABLE OF ATTACHMENTS Attachment 1: General Information Notice Attachment 2: Relocation Assistance Program Handbook Attachment 3: Relocation Appeal Procedures Attachment 1 March 1, 2000 «First_Name»«Last_Name» «Name_2» «Address» «City», «State» «Zip_Code» Subject: GENERAL INFORMATION NOTICE PROJECT NAME: Fred Waring Drive Widening Project Dear «Greeting»: 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 widening of Fred Waring Drive 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 referral to comparable replacement housing before you will be required to move from the property. As the owner-occupant of the property on the date of the first offer, you are entitled to: 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. Moving Expenses. You may select a moving payment based on: A. Moving Allowance Schedule based on the number of rooms at the displaced dwelling so that you can move your own personal property; or B. Moving Service Authorization where the City makes direct payment to an approved professional mover to pack, move and unpack you personal property. Your Relocation Advisor will discuss these options with you. 3. Replacement Housing Payment. Having owned and occupied the property for 180 or more consecutive days immediately preceding the first written purchase offer, you may be eligible for monetary assistance to acquire or rent comparable replacement housing. This assistance is composed of the following replacement housing benefits: owner_occupant GIN Notice of Relocation Assistance 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. 2. IF YOU RENT REPLACEMENT HOUSING: RENTAL ASSISTANCE PAYMENT: If you elect to rent replacement housing, you will be eligible for a rental assistance payment. Your Relocation Advisor will explain this in detail. The City of Palm Desert has selected Overland Resources, Inc. as their Relocation Consultants. The Relocation Assistance Program is very complex. It is important that you be advised regarding matters which relate to your eligibility and the documentation you need to provide. Ms. Kathy Woolley has been assigned to assist you in the relocation process and answer your questions concerning your relocation payments. In order for you to maintain eligibility for relocation payments, please advise and consult with Ms. Woolley before committing to or taking any action to purchase a replacement dwelling or moving your personal property. Please contact Ms. Kathy Woolley at (760) 772-4255 for assistance and further information regarding this project. Sincerely, Original received: Date By: By: Kathy Woolley Relocation Advisor owner_occupant GIN Attachment 2 Residential Relocation Assistance Program Handbook City of Palm Desert 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 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 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 8 Sanitary (DSBS). 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 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 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 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 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 equals: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 equals: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 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 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 about 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.