HomeMy WebLinkAboutSR - Fnl Rlocatn Pln - Alessandro Alley WideningPALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: APPROVE FINAL RELOCATION PLAN FOR THE ALESSANDRO
ALLEY WIDENING PROJECT
SUBMITTED BY: BRYCE L. WHITE, PROJECT ADMINISTRATOR
DATE: DECEMBER 13, 2007
CONTENTS: RELOCATION PLAN
Recommendation:
By Minute Motion, that the Agency Board approve the Final Relocation
Plan for the Alessandro Alley Widening project.
Executive Summarv:
The Alessandro Alley Widening project requires the permanent relocation of three
households, which triggers relocation assistance obligations under California Relocation
Law. The Law requires preparation and a public review period of a relocation plan,
which has been completed. Approval of this Final Relocation Plan will comply with
State law and is necessary before acquisition of properties that will result in
displacement of residents.
Discussion:
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. The Alessandro Alley
Project (the "Project") will require the acquisition of 1.9 acres of land and the
subsequent permanent relocation of one homeowner occupant, and two tenant
occupants. The proposed displacement triggers relocation assistance obligations under
State Relocation Law (California Government Code Section 7260 et. seq.) (the Law)
and the State Relocation Guidelines (California Code of Regulations, Title 25, Chapter
6, et. seq. (the Guidelines). Among the various obligations of the Law is the
requirement to prepare a relocation plan addressing the circumstances and needs of
those persons potentially displaced by the Project. The Agency retained specialty
consultants, Overland, Pacific & Cutler in November 2006 to begin preparing the
Relocation Plan (the "Plan") for the Alessandro Alley Widening Project.
The Plan has been prepared in accordance with the specific requirements set out in
Section 6038 of the Guidelines concerning projects that involve the displacement of less
Staff Report
Approval of Final Relocation Plan for Alessandro Alley Project
Page 2 of 2
December 13, 2007
than 15 households. It provides a project description, the results of a needs
assessment survey conducted among residents, a housing resource study, and details
of the City's proposed relocation program. No displacement activities have taken place
prior to the required reviews and approval of this Plan. The Plan was provided to the
public for the mandatory 30-day review period, and no comments were received. On
October 12, 2007, a copy of the Plan for the Project was mailed via both regular and
certified mail to each of the project occupants with notification of the thirty -day review
period. The thirty (30) day comment period ended at 5:00 p.m. on November 16, 2007,
and no comments were received. Upon approval, a copy of the Plan will be forwarded to
the California Department of Housing and Community Development (HCD).
Staff recommends approval of the Final Relocation Plan for the Alessandro Alley
Widening Project.
Submitted by:
• - '•rato
Department Head:
Dave Yrigoye
Director of edevelopment/Housing
Carlos 0L.-Orte *,Executive Director
actin Alvarez
Redevelopment Manager
Approval:
i McCarthy
Redevelop ent
Pau S. Gibson, Director of Finance
q
ORIM �ed BY RDA
ON 1d- 13-03
VERIFIED BY k-00 1 Irn
Original on file wiih City Clerk's Office
Wrda\Maria Hunt\WPDATA\HOUSING\WHITE\stfrpts\121307AIessandroAlleyRelocPlan.doc
RELOCATION PLAN
FOR THE
ALESSANDRO ALLEY WIDENING PROJECT
�FINAL�
OVERLAND, PACIFIC 8c CUTLER, INC.
4'ISSS COOK STREET, SUITE 250
PALM DESERT, CA 92260
PHONE: (760) 776-1238
NOVEMBER 28, 2007
`r.
INTRODUCTION ..................................................... 1
A. PROJECT LOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
B. ASSESSMENT OF NEEDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
C. REPLACEMENT HOUSING RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
D. CONCURRENT RESIDENTIAL DISPLACEMENT . . . . . . . . . . . . . . . . . . . . . . 3
E. TEMPORARY HOUSING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
F. PROGRAM ASSURANCES AND STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . 3
G. RELOCATION ASSISTANCE PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
H. RELOCATION BENEFIT CATEGORIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
I. PAYMENT OF RELOCATION BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
J. EVICTION POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
K. APPEALS POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
L. PROJECTED DATES OF DISPLACEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
M. ESTIMATED RELOCATION COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
N. CITIZEN PARTICIPATION/PLAN REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
TABLE OF ATTACHMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
The City of Palm Desert (the City} intends to commence beautification of surrounding area
which includes the parking lot improvements along the Alessandro Alley (the Project). The
Project improvements include the existing alley behind the commercial properties on the
north side of Highway 111 from Las Palmas Avenue to approximately 300 feet east of
Monterey Avenue; it will widen the right-of-way 27 feet to a total width of 47 feet, providing
a 24 feet wide driving alley, parking at 90 degree angles on the north side of the alley and
closure of San Marcos Street from the alley to San Clemente Circle. The Alessandro Alley
design contains 165 parking spaces along the north side with landscaping and a barrier
waH protecting the adjoining residentiai properties. The Project will require the acquisition
of 1.9 acres of land and the subsequent permanent relocation of one homeowner
occupant, and two tenant occupants. The proposed displacement triggers relocation
assistance obligations under State Relocation Law (California Government Code Section
7260 et seq.) (the Law) and the State Relocation Guidelines (California Code of
Regulations, Title 25, Chapter 6 et seq.) (the Guidelines). Among the various obligations
of the Law is the requirement to prepare a relocation plan addressing the circumstances
and needs of those persons potentially displaced by the Project.
The following Relocation Plan (the Plan) has been prepared by Overland, Pacific & Cutler
(OPC) in accordance with the specific requirements set out in Section 6038 of the
Guidelines concerning projects that involve the displacement of less than 15 households.
This Plan provides a project description, the results of a needs assessment survey
conducted among residents, a housing resource study and details of the City's proposed
relocation program. No displacement activities will take place prior to the required reviews
and approval of this Plan.
A. PROJECT LOCATION
The proposed Project will take place in the southern portion of the City of Palm Desert,
east of Monterey Avenue and north of Highway 111. The City of Palm Desert is located in
Riverside County, approximately 110 miles east of downtown Los Angeles. Neighboring
communities are Rancho Mirage, Palm Springs and Indian Wells. (see Attachment 1,
Figure 1).
Overland, Pacific F� Cutler, Inc. (OPC) Page 1
Relocation Plan for the Alessandro Alley Widening Project - City of Palm Desert, California
The specific Project site is located at San Clemente Circle, generally bounded by Monterey
Avenue on the west, Guadalupe Avenue on the north, Highway 111 on the south and Las
Palmas Avenue on the east (see Attachment 1, Figure 2).
B. ASSESSMENT OF NEEDS
Survey information forthe Plan was obtained from individual, on-site interviews conducted
with the residents in February 2007. The Project will impact one owner-occupied single
family dwelling (with a potential home-based business) and two tenant-occupied studio
units within a triplex with another unit vacant. For inclusionary purposes the data from
public records about the properties were used as well as anecdotal responses from
surveyed individuals to prepare this Plan.
One residential household owns and occupies a three bedroom single family dwelling of
approximately 1,500 square feet. The homeowner refused to provide any information about
the household, yet indicated that he is operating a business out of a garage. The two
households occupying studio units are Hispanic, one English and one Spanish speaking,
paying $700 per month for rent. They are a four and five member household, one with two
and one with three children, respectively. Both households are considered overcrowded
and will require two bedroom replacement units. One household's income falls within
extremely low income category (less than 30% of area median) and the other household's
income is very low (31 %-50% of area median) as adjusted by family size and published by
HUD. No household is considered senior (62 years of age or older) nor disabled. For
illustrative purposes Attachments 2 and 3 present the prevailing HUD income standards
as well as general demographic information for the City of Palm Desert. One unit was
confirmed vacant at the time of surveys.
C. REPLACEMENT HOUSING RESOURCES
A housing resource survey was conducted during the month of July 2007 to determine the
availability of replacement housing to meet the needs of the three Project area households.
Overland, Pacific & Cutler, Inc. Page 2
Relocation Plan for the Alessandro Alley Widening Project - City of Palm Desert, California
Single family residences for sale and two-bedroom apartments for rent were considered
as appropriate replacement dwellings units.
The survey identified 17 available two-bedroom rental properties that would satisfy decent,
safe and sanitary requirement for both tenant occupants. The rent ranges are between
$895 and $1,100 with median rent of $975.
The survey identified 18 three-bedroom single family dwellings currently available for sale
in Palm Desert that measure between 1,500 and 1,900 square feet and pass for decent,
safe and sanitary replacement unit. The listing prices range between $349,000 and
$535,000 with a median price of $420,450.
D. CONCURRENT RESIDENTIAL DISPLACEMENT
There are, currently, no projects underway within the City of Palm Desert that would
negatively affect the pool of available replacement housing.
E. TEMPORARY HOUSING
There is no anticipated need for temporary housing.
F. PROGRAM ASSURANCES AND STANDARDS
There are adequate funds available to relocate both households and one business subject
to displacement. Services will be provided to ensure that displacement does not result in
different, or separate treatment of the household 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 VII of The Civil Rights Act of 1964; Title VIII of The
Overland, Pacific £� Cutler, Inc. Page 3
Relocation Plan for the Alessandro Alley Widening Project - City of Palm Desert, California
Civil Rights Act of 1968; and, the California Fair Employment & Housing Act; and the Unruh
Act.
No one will be displaced without at least 90 days notice and unless comparable
replacement housing can be located. 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 proximity 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 City 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.
G. RELOCATION ASSISTANCE PROGRAM
A relocation representative from Overland, Pacific & Cutler, Inc. (OPC) will assist all
persons to be displaced as a consequence of the Project. OPC staff will maintain personal
contactwith all individuals until the relocation process has been completed. OPC maintains
an open phone number (760) 776-1238 which is attended to from 8:00 a.m. to 5:00 p.m.,
Monday through Friday.
The relocation offices are located at:
41555 Cook Street, Suite 250
Palm Desert, CA 92260
Overland, Pacific F� G�tler, Inc. Page 4
Relocation Plan for the Alessandro Alley Widening Project - City of Palm Desert, California
A comprehensive relocation assistance program, offering both advisory assistance and
financial benefits will be provided to all households subject to displacement. Specific
services will include:
A. Distribution of informational brochures to residential occupants (Attachment
4) and business, if applicable (Attachment 5);
B. Timely referrals to at least three comparable replacement units and, if
necessary, transportation will be provided to inspect potential replacement
units; and
C. Assistance with the completion, and filing of relocation claims, rental
applications and appeal forms, if necessary.
H. RELOCATION BENEFIT CATEGORIES
Relocation benefits will be provided in accordance with the California Relocation
Assistance Law; the Guidelines; and, other applicable regulations and requirements.
Benefits will be paid upon submission of required claim forms and documentation in
accordance with approved procedures. The City will provide appropriate benefits for each
displaced household as required by the above-referenced laws and requirements.
1. 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.
a. Fixed Pavment - 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 (FHA) schedules maintained by the
Overland, Pacific £� Cutler, Inc. Page 5
Relocation Plan for the Alessandro Alley Widening Project - City of Palm Desert, California
California DepartmentofTransportation (See Fixed PaymentMoving
Schedule - Attachment 6).
-OR-
b. Actual Reasonable Movina Expense Pavments - A displaced
household 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 at the
replacement location. The payment for moving will be made directly
to the mover, or as reimbursement to the displaced household.
2. Rental Assistance/Downpayment Assistance
Residential tenants who have established residency at the Project site for a
minimum of 90 days prior to the initiation of negotiations to purchase the
property and who choose to re-rent, may be eligible to receive a Rental
Assistance Payment in addition to compensation for moving expenses.
"Initiation of Negotiations" is defined as the first written offer by the City to
buy the property from which the households will be displaced. In this case,
the estimated date of the first written offer to purchase the property is
November 2007.
Rental Assistance Payments will be limited to a maximum of $5,250, based
upon the monthly housing need over a 42 month period, prior to
consideration of Last Resort Housing needs. Eligible households may opt to
apply the full amount of their rental assistance eligibility toward the purchase
of a replacement dwelling.
3. Payments to 180 Day Residential Owner-Occupants
Residential owner-occupants who have established residency for at least 180
days prior to the City's offer to purchase may be eligible for up to $22,500 in
Overland, Pacific £�r Cutler, Inc. Page 6
Relocation Plan for the Alessandro Alley Widenfng Project - City of Palm Desert, California
replacement housing assistance, prior to consideration of eligibility for Last
Resort Housing benefits. The amount of the Replacement Housing
Assistance Payment will be determined on the basis of three separate
elements: a) Purchase Price Differential; b) Mortgage Interest Differential;
and, c) Incidental Expenses.
(a) Purchase Price Differential
The Purchase Price Differential is based on three factors:
Acquisition Price - The price paid by the City for the Project area dwelling;
Actual Purchase Price - The actual price paid for a replacement dwelling;
and
Comparable Replacement Cost - The cost of a decent, safe and sanitary
dwelling comparable to the dwelling acquired by the City.
The purchase price differential amount is determined by comparing the price
of the acquired dwelling (including any proceeds obtained through
condemnation) to the lesser of the actual cost paid for a replacement home
versus the price of the comparable dwelling used to compute eligibility in the
Notice-of-Eligibility issued to the displaced owner.
(b) Mortgage Interest Differential
The purpose of the Mortgage Interest Differential Payment is to compensate
homeowners for increased interest costs between the acquired dwelling and
the replacement dwelling. The computation of this payment is based upon
three principal factors: 1) the remaining term and amount(s) of the current
mortgage or mortgages 2) the current type of mortgage product (e.g. fixed
vs. variable) 3) a comparison of the mortgage interest rate for the acquired
dwelling relative to the lesser of the current market rate or the actual new
rate for a similar mortgage product. To be eligible for this payment, the
Overland, Pacific £� Cutler, Inc. Page 7
Relocation Plan for the Alessandro Alley Widening Project - City of Palrn Desert, California
mortgage on the dwelling being acquired must have been in place, as a valid
lien, for at least 180 days prior to the City's initial written offer to purchase.
(c) Incidental Expenses - Closing Costs
One-time, non-recurring closing costs associated with the purchase of a
comparable, replacement dwelling are compensable. Examples of such
compensable expenses include costs for: a property survey; preparation of
a legal description and deed; recording fees; title insurance; revenue stamps
and transfer taxes; loan application fees; loan origination fees; appraisal
fees; a credit report; certification for structural soundness; and, termite
inspection, when required. Prepaid recurring expenses for mortgage interest,
property taxes and insurance are not compensable.
The total Replacement Housing Payment is the sum of the Purchase Price
Differential, Mortgage Interest Differential, and compensable Incidental
Expenses.
4. Last Resort Housing Payments
The displaced persons will be entitled to consideration for supplementary
benefits in the form of Last Resort Housing assistance when the computed
total of their rental or replacement housing assistance eligibility exceeds
either $5,250 in the case of tenants or $22,500 for owner-occupants or when
a tenant or owner-occupant does not meet applicable occupancy
requirements.
I. PAYMENT OF RELOCATION BENEFITS
Relocation benefit payments will be made expeditiously. Claims and supporting
documentation for relocation benefits must be filed with the City within 18 months from:
i) the date the claimant moves from the acquired property; or,
Overland, Pacific £� Cutler, Inc. Page 8
Relocation Plan for the Alessandro Alley Widening Project - City of Palm Desert, California
ii) the date on which final payment for the acquisition of real property is made,
whichever is later.
Procedures for preparing, and filing of claims and processing and delivering of payments
are attached (Attachment 7).
J. EVICTION POLICY
Eviction will only be undertaken as a last resort measure 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 to act after having received reasonable referrals to comparable
replacement housing. Eviction may affect the eligibility of a person otherwise entitled to
relocation benefits.
K. APPEALS POLICY
The appeals policy will follow the standards described in Section 6150 of the Guidelines.
Pursuant to this Section, displacees have the right to appeal determinations of eligibility,
payment amounts and general relocation assistance services. A copy of the City's appeals
policy and procedures is attached (Attachment 8).
L. PROJECTED DATES OF DISPLACEMENT
The residential households will receive a written 90 day notice-to-vacate before they are
required to move. These notices are expected to be issued in late May 2008. Relocation
is expected to be completed and construction to begin by the end of December 2008.
Overland, Pacific £� Cutler, Inc. Page 9
Relocation Plan for the Alessandro Alley Widening Project - Cify of Palm Desert, California
M. ESTIMATED RELOCATION COSTS
The City will use its own local funds to underwrite the Project. Estimated relocation costs
for the Project are $123,000 including a 10% contingency. This figure does not include any
provision for relocation administrative costs or other services which may be necessary to
carry out the Project.
If the Project is implemented and circumstances arise that increase the Project budget, the
City will authorize the expenditure of those additional funds necessary to meet its statutory
relocation assistance obligations.
N. CITIZEN PARTICIPATION/PLAN REVIEW
This Plan will be provided to the public for the mandatory 30 day review period. Comments
regarding this Plan will be included as a Plan Addendum prior to submission for approval
before the Palm Desert Ciry Council Board. A copy of the approved Plan will be forwarded
to the California Department of Housing and Community Development (HCD).
Overland, Pacific £� Cutler, Inc. Page 10
TABLE OF ATTACHMENTS
Attachment 1:
Attachment 2:
Attachment 3:
Attachment 4:
Attachment 5:
Attachment 6:
Attachment 7:
Attachment 8:
Attachment 9:
Project Site Maps
Demographic Characteristics
H.U.D. Annual Income Limitations - Riverside County (2007)
Sample Informational Brochure for Displaced Households
English/Spanish
Sample Informational Brochure for Displaced Businesses
Fixed Payment Moving Schedule
Procedures for Relocation Payments and Assistance
Appeals Policy and Procedures
Plan Addendum (Public Comments and City Response)
Overland, Pacific £� Cutler, Inc. Page 11
ATTACHMENT 1
PROJECT SITE MAPS
�� R,...>�:,� .� �.,.�,
� Roas+nM cp..alas N �mw�oo y K�
'.c:a.aay.�.,rFaceBnsc Neuo' �� yf•nn•i
t18 >vy�n �c v � ,I
: � Etua
t+�e �Lancasla w L�do�« ao�a.e
(NM: w to
D�nC�
�PNMeIe aMeMno e.pa.a
. �v
11Dp° Y'�` c.nw
�� gllctonM
� i� 'vncsi . b,.ku'r�' L.n•,
p Phbi RO fwMyr�wa ,
SM[s �npeks �py GeMSMe�ne CnuDD�d
GOfNO MManM �� ._ SBe�t
ue hrrqo "r re� � ^'e"�° C A t I F 0 R N I A w� i�o..
Sm VE�sj '
fl 'a� _ • :;�+....ENa.a•r LMeMowMaC .B/JBerCI1' .....�i!
U C�wh Swi PenwAm
v leGpxn� .4�J=„�� � :v.rv.;
C�. n�� N,r.Jt�i. NpanNlorell G� 90BesLeYe T� �yRa
(�p'��'^�;�� �V .... �.�M
�� ��MI11� ' �� e IA�� P r�11M � �FprdM �..� $ifl GpWM�U ° !1
LO6 sl .�pm 'pBMpM� py�jp � rw�eix�n.c n,cc.vray
� � 1�nu . O p C�y�t `�4�d�
�re" �, EaR1a �lei IMk/be v a�� w� �lnssfd° °Yuc.a � w�aerrK.e
�: �
osaum Y�IYr y�
-�� O�� Q�- ro Q��� beMia liceMN�onYPuh i
iOrtaK� � YkMe� ,.'VY�I° O ire� �i O�pMb M�uaro r....,:. �p i. � v.s<r•.,p•�• in
� ��� 6lfUMl fwerfal H<x:.o.� n �y� .vasn 'J
Mltln►Yo� � GfOM Poltb SY�.MeYro VinSA�q� oM BMY:�st ��1
V�rdw �O � H�tiMq ° ° �py�„� �7�o Lay�aom x� I
� � �sYtA� CbycwM rbmdrW ilm�el P�-_--�5 • y�-- ;erte i
� 0 O��`N�Iwn�IFweN d,14s[1inole a . � - �
�� cCo�eleY
� OM1a - nY1MMn Ylep
l�W+ � �� �� wiaons' � _. . < ti.� �„ u�
r. �rM� �ri k,�c„
S�1 �M11 C�ff�1�0 � K
"'" 9urC•w1W o ��o
41u� OrrYaH°
•:y�
,M,� �CMti�� S�ItUNox�MOWMnY ,�3
� 1YY[ Q f�I00k� gp�l4cy VAI6CfM,fi I.I
�Jrrnele AY.�Is':
Chu�elhh�6 . . .i�^.^<r� nnyRetenaa�•�
Ntmer 0or�° �"'9'
P a c i 1 i c 0 c e a n a� Q'0 Sa��w `�� c,�f � ��
Gr ��
� .pExaNdo _.� ceru�■
� re
M�cw luu� Bareqo
�� Oesen 5�+1e Vrk
G o; 7 ; „ � r f� �° se � yJ�,ymorkrd'
Su CYw�.r ,�! 1� r• a Sd�tMBl�rl� e�V ri �•Y+�'
41�Y n � �y - ..�,��
COOvn�h�02005MiCfOS011C0'OinOlOf�55u0D1lr5A:�naMSfBSBIYBtl `:' r.�vo.
Map 1: Regional Project Location
�0
Catalina Way
Catalina Way
Q'
�
�
a
Hahn
<'
i
Guaaal�pe Are
�
0
U pL"
e Ro7ect laeten:
�` N ue�
�n
SR 11 :
777
4 SR 111
�
�
�
0
�0
�
�
/� �
�
SR•�t o�
Coar,am02�05 wr,wsc� C�m anmor ts suoci�eis �ui nonts resenetl
Map 2: Project Site Location
<'
E
�
�� Koy�i r�aim a
�.to Crtc e =
0
� �
San Gorgonio Y7a'�
L'
EI �dSBO
Ei Faseo
,I
c �
`o
t
Q' �
h
PJessanAm Cr
Q
E
a' �
� SR 111 a
� o
�
Q
�
h
I
ATTACHMENT 2
DEMOGRAPHIC CHARACTERISTICS
TABLE 1: 2000 Census Population - City of Palm Desert & Tract 451.08
Population Tract 451.08 % City
Total Population 5,834 100.0% 41,155
White 4,309 73.9% 35,739
Black or African American 87 1.5% 495
American Indian and Alaska Native 56 1.0% 187
Asian 183 3.1 % 1,056
Native Hawaiian and Other Pacific Islander 2 0.0% 40
Some Other Race 991 17.0% 2,666
Two or More Races 206 3.5% 972
Hispanic or Latino (of Any Race) I 2,400 I 41.1 % I 7,031 I
Source: U.S. Census Bureau
TABLE 2: 2000 Census Housing Units - City of Palm Desert & Tract 451.08
Type Tract 451.08 % City
Total Units 2,531 100.0% 28,021
Owner-0ccupied 921 36.4% 12,827
Renter-0ccupied 1,308 51.7% 6,357
Vacant Housing Units 302 11.9% 8,837
Available for Sale Only (of Total Vacant 35 11.6% 297
Units)
Available for Rent - Full Time Occupancy
(of Total Vacant Units)
Sold or Rented - Not Occupied
Otherwise Not Available (e.g. seasonal,
recreational, migratory, occasional use)
OtherVacant
Source: U.S. Census Bureau
62 20.5%
25 8.3%
145 48.0%
35 11.6%
%
100.0%
86.8%
1.2%
0.5%
2.6%
0.1 %
6.5°/a
2.4%
17.1 %
%
100.0%
45.8%
22.7%
31.5%
1
3.4%
576 6.5%
184 2.1%
6,446 72.9%
1,334 15.1%
ATTACHMENT 3
HUD ANNUAL INCOME LIMITATIONS - YEAR 2007
COUNTY OF RIVERSIDE, CA
The following figures are approved by the U.S. Department of Housing and Urban
Development (HUD) for use in the County of Riverside to define, and determine housing
eligibility by income level, for the year 2007.
Area Median: $59,200
- , ----- - ----- -
Family I Extremely Very Low Low
Size � Low Income Income
� Income
1 Person � 12,450 20,700 33,150
2 Person � 14,200 23,700 37,900
-� --- -- �
3 Person � 16,000 26,650 , 42,600
i
4 Person � 17,750 29,600 47,350
5 Person 19,150 31,950 51,150
6 Person i 20,600 34,350 54,950
7 Person 22,000 36,700 58,700
8 Person 23,450 39,050 62,500
Median
Income
41,400
� 47,400
� 53,300
i
� 59,200
63,900
68,700
73,400
78,100
Moderate
Income
49,700
56,800
63,900
71,000
76,700
82,400
88,000
93,700
Figures are per the California State Department of Housing & Community Development,
Division of Housing Policy Development, promulgated April 18, 2007.
ATTACHMENT 4
SAMPLE INFORMATIONAL BROCHURE
FOR
DISPLACED HOUSEHOLDS
1
\
I. 1NFORMACION GENERAL
II. AYUDA PARA ENCONTRAR UNIDAD DE REEMPLAZO
III. BENEFICIOS DE MUDANZA
IV. PAGO EN REEMPLAZO DE VIVIENDA -1NQUILINOS
V. 1NQUILINOS CON SECCION 8
VI. PAGO DE REEMPLAZO DE VIVIENDA - DUENOS
VII. CALIFICACIONES PARA LLENAR RECLAMOS DE REUBICACION
VIII. PAGOS DE ULTIMO RECURSO
IX.
X.
XI.
CONTRATO DE RENTA
PROCEDIMIENTOS DE APELACION-AGRAVIO
CONDICION DE IMPUESTOS SOBRE BENEFICIOS DE REUBICACION
XII. REQUISITO DE PRESENCIA LEGAL
XIII. BENEFICIOS DE REUBICACION ESTADO DE IMPUESTOS
XIV. INFORMACION ADICIONAL Y ASISTENCIA DISPONIBLE
I. INFORMACIbN GENERAL
La propiedad en que usted vive est� en una �rea que va a ser mejorada por La Ciudad de Palm Desert �
("Ciudad"). De acuerdo a procedimiento de la agenda, tal vez ser� necesario que usted se cambie de su ,
residencia. Usted ser� notificado(a) con tiempo razonable hasta la fecha en que deber� cambiarse.
Por favor lea esta informacibn, ser� de mucha ayuda para determinar su elegibilidad y la cantidad de beneficios
en su reubicacion. Le recomendamos que guarde esta informacion como referencia.
La Ciudad ha contratado los servicios de la compariia Overland, Pacific 8 Cutler, Inc., una empresa profesional
muy calificada para ayudarle. La empresa est� a su disposicibn para explicarle el programa y los beneficios.
EI direccibn y numero de tel�fono es:
Overland, Pacific � Cutler, Inc.
41555 Cook St. Suite 250
Palm Desert, CA 92260
(760) 776-1238
� POR FAVOR NO SE MUDE ANTES DE TIEMPO. ESTE NO ES UN AVISO PARA DESOCUPAR SU
VIVIENDA. Si usted desea mudarse antes de lo requerido, deberia ponerse en contacto con la empresa
Overland, Pacific & Cutler, Inc., para que no pierda ninguno de sus beneficios. Este es unicamente un folleto
de informacibn general y no tiene la intencibn de proporcionar una descripcibn detallada ni de la ley ni de los
reglamentos relacion�dos que pertenecen al programa de reubicacibn de la Ciudad.
� Por favor siga pagando su renta mensual al dueno de la propiedad en la cual usted vive. Si no paga su �
� renta puede ser desahuciado de su vivienda y pude perder sus derechos para reclamar beneficios de
reubicacion. Una vez que la Ciudad se haga dueno de la propiedad, sera necesario que usted siga
pagando su renta al la Ciudad. ,
�
� �
�
� Folleto de Informacion Pagina 1 -RI-OIFa(6,'OS) I
\ /;
�. ------ -- - -- ��
II. AYUDA PARA ENCONTRAR UNIDAD DE REEMPLAZO
La Ciudad, a trav�s de sus representantes, le ayudaran a localizar una vivienda de reemplazo
proporcion�ndole listas de viviendas disponibles. Es importante que usted se mantenga activo buscando. En
cuanto encuentre una vivienda de reemplazo, su representante harfi una inspeccibn de la unidad para
determinar si la unidad reune todos los requisitos de una vivienda que es decente, segura y limpia. Una unidad
que es decente, segura e y limpia debe proveer cupo suficiente para sus ocupantes, estar a prueba de mal
temporal y sistema adecuado de calefacci6n, plomeria, y electricidad. Su vivienda de reemplazo debe pasar
una inspeccibn antes de autorizar pagos de beneficios.
III. MUDANZA
! Si tiene que mudarse debido a un proyecto de la Ciudad, recibira un pago para asistirle en su cambio fisico.
Dos formas de pago est�n disponibles. Usted puede escoger uno de los tipos de pagos de mudanza siguientes:
' A.
Pago Fijo de Mudanza
Un Pago Fijo est� basado en el numero de cuartos que ocupa y si es duer�o de los muebles o no. EI
pago est� basado en una agenda aprobada por la Ciudad, y ser� de $325.00 por un cuarto amueblado
hasta $1,750 por 8 cuartos con muebles. (Para detalle, vea la forma abajo). Su representante le
informar� la cantidad que recibira al ser elegible.
PAGO FIJO DE MUDANZA (California, Junio 2005)
Ocupante Dueno de Muebles Ocupante no es Dueno de Muebles
B
1 cuarto
2 cuartos
3 cuartos
4 cuartos
5 cuartos
6 cuartos
7 cuartos
8 cuartos
Cada Cuarto Adicional
$625.00 1 cuarto
$800.00 Cada Cuarto Adicional
$1,000.00
$1,175.00
$1,425.00
$1,650.00
$1,900.00
$2,150.00
$225.00
$400.00
$65.00
Si usted escoge el pago fijo de mudanza, ser� responsable de su cambio y la Ciudad no asumir�
ninguna responsabilidad por perdida o dar�o relacionado con su cambio.
Gastos Actuales de Mudanza (Compania Profesional)
I Si usted decide elegir una mudanza autorizada y quiere que la Ciudad pague la factura, puede reclamar
el costo ACTUAL del cambio de sus cosas personales hasta una distancia de 50 millas. Su
I representante de reubicacibn le informar� del numero de presupuestos estimativos segun se requiera,
y le asistir� en preparar un plan que la Ciudad pueda aprobar.
� Fnlleto de Informacion Pagina 2 =R1-01 Fa(6.��5) �
� _. %�
% �
IV. PAGO EN REEMPLAZO DE VIVIENDA - INQUILINOS
Usted puede ser elegible para un pago hasta de $5,250.00 como ayuda para rentar o comprar una propiedad
comparable. Para calificar, debe de haber sido un inquilino en residencia en su vivienda actual por lo menos
de 90 dias, o un dueno-ocupante que ha vivido en la vivienda por no menos de 90 dias y no mas de 179 dias,
antes de la primera oferta de la Ciudad para comprar la propiedad.
A. Asistencia de Renta
Si usted califica y desea rentar su vivienda de reemplazo, sus beneficios se basaran en la diferencia
sobre un periodo de cuarenta y dos (42) meses entre la renta que tiene que pagar por una vivienda
comparable, y lo menor de la renta actual o treinta porciento (30%) de los ingresos mensuales en bruto,
si esta cantidad esta clasificada como "Ingreso Bajo" bajo la "Encuesta Anual de Limites De Ingreso
para Vivienda Publica y Programa Seccibn 8" del Departamento de Vivienda y Desarrollo Urbano de
los Estados Unidos. Usted deber� proporcionar a su representante informacibn verificable de su renta
e ingresos mensuales antes de establecer su elegibilidad para este pago.
�
B. Asistencia de Pago de Enganche
Si usted califica y desea comprar su vivienda de remplazo, puede aplicar la cantidad total de su pago
de asistencia de renta para un pago de enganche. Su representante de reubicacibn le explicara los
procedimientos necesarios para aplicar este pago. �
V. INQUILINOS CON SECCION 8
Cuando usted se mude, usted podria ser elegible para transferir su elegibilidad de Seccion 8 a un lugar de j
reemplazo. Como se indica anteriormente, a usted se le proporcionaran servicios de consejeria y otros �
servicios de asesoria junto con beneficios de mudanza. Ademas, la Ciudad cubrira el costo de cualquier
deposito de seguridad requerido para arrendar una vivienda de reemplazo aprovada por Seccion 8, y tambien �
cubrira el costo de cualquier cargo por verificacion de credito.
VI. PAGO DE REEMPLAZO DE VIVIENDA - DUENOS
A. Si Usted ha sido duerio-ocupante de una vivienda comprada por la Ciudad por lo menos de 180 dias
antes de la primera oferta para comprar, serfi elegible para un pago de hasta $22,500 para asistirle a
comprar una vivienda de reemplazo. Si Usted es duerio-ocupante desplazado que tiene entre 90 y 179
dias de residencia en su casa inmediatamente antes de la fecha del primer oferta para comprar su
propiedad, serfi elegible por un pago de hasta $5,250. Este pago cubre las siguientes cosas:
Diferencia en el Precio de Compra - Una cantidad, cuando agregado con la cantidad que la
Ciudad pago por su propiedad, que es igual del costo actual de su vivienda de remplazo; o la
cantidad determinada por la Ciudad que es necesaria para comprar una vivienda de reemplazo
comparable, cualquier es menos. Su representante le explicara los dos m�todos en detalle.
2. Diferencia en Los Gastos de Financiamiento - Un pago que cubra el costo del aumento en
los intereses, si hubiera alguno, para financiar una vivienda de reemplazo. Su representante
le explicara las condiciones limitadas.
3. Gastos Incidentales - Estos son los gastos que no recurren que se cobran normalmente al
comprador de una vivienda. Unos cargos tipicos incluyen los costos de "escrow", recordacidn
e inspeccibn de cr�dito. Fondos reservados en el proceso de "escrow" para cumplir con !
� �
I
� Folleto de Informacion Puginu 3 =RI-OIFa(6:05) �
� ,�
� --- \.
obligaciones de impuestos de propiedad, intereses y aseguranza de casa no son
compensables.
; B. Asistencia de Renta - Opcion para Duerios-Ocupantes - Si Usted es un duerio-ocupante y elige ;
rentar en vez de comprar una vivienda de reemplazo, puede ser elegible para un pago de asistencia
,� de renta de hasta $5,250. EI pago se basar� en la diferencia entre lo que es la renta del mercado de
, su vivienda actual y la renta del mercado en una vivienda de reemplazo comparable.
Si Usted recibe un pago de asistencia de renta como mencionado arriba, y decide despues comprar
una vivienda de reemplazo, puede pedir un pago que es igual a la cantidad que recibir� si habia
comprado inicialmente una vivienda de reemplazo comparable, menos la cantidad que ya recibib como
pago de asistencia de renta.
VII. CALIFICACIONES PARA LLENAR RECLAMOS DE REUBICACION
Para calificar por un Pago de Remplazo de Vivienda, tiene que rentar o comprar una vivienda de reemplazo
comparable durante un ano de lo que ocurra despues de:
Para inquilino, la fecha que desocupo su vivienda,
2. Para duer�o-ocupante, la fecha en que recibirfi pago final por su vivienda o, en caso de un '
procedimiento de condenacibn, {a fecha del deposito de compensacion justa con la corte, o !
3. La fecha por lo cual la Ciudad cumple con la obligacibn de recomendar por lo menos de tres
viviendas de reemplazo comparable. �
Todos los reclamos de reubicacibn deben ser presentados dentro de dieciocho (18) meses de la fecha en
la cual usted recibe el pago final por su propiedad, o la fecha en la cual se mudb, lo que ocurra despu�s.
VIII. PAGOS DE ULTIMO RECURSO
Si viviendas de reemplazo comparable no son disponibles cuando se tiene que mover, o si viviendas de
reemplazo no son disponibles dentro de los limites monetarios ya citados, la Ciudad le dar� asistencia de ultimo
recurso para que pueda rentar o comprar una vivienda de reemplazo oportunamente. Asistencia de ultimo
recurso es basado en los circunstancias individuales del desplazado. Su representante de reubicacibn le �
explicarfi el proceso para determinar si califica por asistencia de ultimo recurso.
: Si es inquilino y prefiere comprar en vez de rentar una vivienda de reemplazo comparable, la cantidad total serfi �
aplicada a la residencia de reemplazo como pago de entrada.
; IX. CONTRATO DE RENTA ,
I
Como resultado de una accibn de la Ciudad para comprar la propiedad donde usted vive, usted pasa a ser un �
inquilino de la Ciudad. En este caso, se le pedir� que firme un contrato de renta, que especificar� la renta
mensual, cuando pagos se vencen, donde se pagan, y otra informacibn pertinente.
Excepto por las causas de desalojo dichas abajo, ninguna persona que legalmente ocupa una propiedad de
la Ciudad es requerida a cambiarse si no tiene un aviso escrito por lo menos de 90 dias. Desalojo es dado
solamente por una o mas de las siguientes razones: ;
A. Falla de no pagar renta, excepto en casos donde este es debido a la falta del duerio de no
mantener los predios en una condicibn habitable, o cuando los servicios b�sicos han sido
discontinuados o interrumpidos por un largo plazo.
' Fo/leto de Informacion Pugina 4 =RI-01 Fa(6 OS) i
\ _ _ �
— �\
B. La perpetracion de un hecho peligroso o ilegal en los predios.
C. La falta de mantener los t�rminos del acuerdo de renta entre 30 dias de haber sido notificado.
D. Continuar con un desorden publico, despu�s de haber sido notificado.
E Despu�s de haber recibido una cantidad razonable de referencias a viviendas de reemplazo.
F. Cuando la eviccibn es requerida por leyes estatales o locales y no puede ser evitada por medio
de esfuerzos de la entidad publica.
X. PROCEDIMIENTOS DE APELACION-AGRAVIO
Cualquier persona con una queja por una determinacion de elegibilidad en un pago de reubicacibn o de la
cantidad de un pago, puede pedir que su reclamo sea revisado o reconsiderado de acuerdo con el
procedimiento de apelaciones establecido. Los detalles completos de apelacion y procedimientos estan
disponibles solicit�ndolos a la Ciudad. I
XI. CONDICION DE IMPUESTOS SOBRE BENEFICIOS DE REUBICACION
Pagos por beneficios de reubicacibn no son considerados como ingreso para el proposito de impuestos del
Internal Revenue Code de 1986 o el Personal Income Tax Law, Parte 10 (comenzando con Section 17001) de
Division 2 dei Revenue and Taxation Code, o del Bank and Corporation Tax law, Part 11(comenzando con
Section 23001) de Division 2 del Revenue and Taxation Code.
XII. REQUISITO DE PRESENCIA LEGAL
De acuerdo a la Ley Publica 105-117 de 11-21-97, para poder ser elegible y recibir beneficios de reubicaci6n
en proyectos de reubicacion con fondos federales, todos los miembros de la vivienda a ser desplazados deben
de proporcionar informacibn con relacion a su presencia legal en los Estados Unidos. En proyectos federales,
cualquier miembro de la vivienda que no este legalmente presente en los Estados Unidos o rehuse
proporcionar esta informacibn, se le podrian negar beneficios de reubicacibn. Los beneficios de Reubicacibn
ser�n calculados de acuerdo al numero de miembros de la familia con presencia legal certificada en los
Estados Unidos.
XIII. BENEFICIOS DE REUBICACION ESTADO DE IMPUESTOS
La seccibn 7269 del codigo del gobierno de California indica que ningun pago de reubicacion recibido ser�
considerado como renta para el propbsito de la ley del IRPF, pieza 10 (comenzando con la seccibn 170 01)
de la divisibn 2 del cbdigo del r�dito y de los impuestos, o el Ban co y ley de impuesto de Corporation,
pieza 11 (comenzando con la seccibn 23001) de la divisidn 2 del cbdigo del r�dito y de fos impuestos.
Adem�s, las regulaciones federales (parte 24 de 49 CFR, la seccibn 24.209) tambi�n indican que no se
considerar� ningun pago recibido bajo esta parte (parte 24) como renta con el fin del cbdigo de la renta
publica de 1954, que se ha redesignado como el codigo de la renta publica de 1986. La declaracibn
precedente no se ofrece como asesoramiento juridico en vista de consecuencias de impuesto, y I as
personal reubicadas deben consultar con su propio consejero o asesor legal de impuestos para determinar
el estado actual de tales pagos.
' XIV. INFORMACION ADICIONAL Y ASISTENCIA DISPONIBLE �
i
Los responsables de proveer asistencia de reubicacion esperan ayudarle en todas las formas posibles para �
minimizar la dificil tarea de reubicar a una nueva casa. Su cooperacibn sera de mucha ayuda y gratamente i
apreciada. Si tiene preguntas durante el proceso, no dude en comunicarse con su representante de
reubicacibn al (760) 776-1238.
'� Folleto de Informacion Pagina S =R/-OIFa(6.-OS) I
� /
Introduction
The property on which you now conduct your business is in an area to be improved with the
assistance of the City of Palm Desert ("City"). The City plans require the acquisition of several
land parcels and the relocation of existing commercial uses. You will be notified in a timely
manner as to the date by which you must move.
Please read this information as it will be helpful to you in determining your eligibility and the
amount of your relocation benefits under the federal and/or state law. We suggest you save this
informational statement for reference.
This is not a notice to move. It is important that you do not move before you learn what you
must do to receive relocation payments and other assistance to which you may be entitled. The
City has retained the services of Overland, Pacific & Cutler, Inc. (OPC), qualified professional
relocation firm, to assist you. The firm is available to explain the program and benefits. Their
address and telephone number is:
Overland, Pacific � Cutler, Inc.
41555 Cook Ste., 250
Palm Desert, California 92260
Telephone: (760) 776-1238
Spanish speaking representatives are available. Si necesita esta informacibn en Espanol,
por favor Ilame a su representante.
Summary of Relocation Assistance
As an eligible displaced business, you will be offered appropriate financial and advisory
assistance to help you relocate, including:
A. Payment for your moving expenses. You will receive either:
A Payment for Actual Reasonable Moving and Related Expenses, or
A Fixed Payment In Lieu of a Payment for Actual Moving and Related Expenses
B. Referrals to suitable replacement locations.
C. Other help to reestablish your business and minimize the impact of the move including
help in preparing claim forms to request relocation payments.
If you disagree with the City's decision as to your right to a relocation payment, or the amount of
the payment, you may appeal that decision.
Business Informationa! Statement Page 1 -B/-01 (S Oa�
SOME GENERAL QUESTIONS
How will I know I am eligible for relocation assistance?
Ordinarily, eligibility begins on the date the owner of the property receives the City's initial written offer to
purchase it. Therefore, you should not move before that date. If you do, you may not be eligible for relocation
assistance.
How Will the Agency Know How Much Help I Need?
You will be contacted at an early date and personally interviewed by a representative of the City to determine
your needs and preferences for a replacement location and other services. The interviewer will ask questions
about such matters as your space requirements. It is to your advantage to provide the information so that the
City, through its relocation consultant, can assist you in moving with a minimum of hardship. The information
you give will be kept in confidence.
How Soon Will I Have to Move?
Every reasonable effort will be made to provide you with sufficient time to find and reestablish your business in a
suitable replacement location. If possible, a mutually agreeable date for the move will be worked out. Unless
there is an urgent need for the property (e.g., your occupancy would present a health or safery emergency), you
will not be required to move without at least 90 days advance written notice. It is important, however, that you
keep in close contact with the City so that you are aware of the time schedule for carrying out the project and
the approximate date by which you will have to move.
I Own The Property, Will I Be Paid For It Before I Have To Move?
If you reach a voluntary agreement to sell your property to the City, you will not be required to move before you
receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you
cannot be required to move before the estimated fair market value of the property has been deposited with the
court. (You should be able to withdraw this amount immediately, less any amounts necessary to pay off any
mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your
share of the money will not affect your right to seek additional compensation for your property).
Will I Have To Pay Rent To The City Before I Move?
You may be required to pay a fair rent to the City for the period between the acquisition of your property and the
date that you move. Your rent and the terms of your tenancy will be generally the same as in the prior
arrangement.
How Will I Find A Replacement Location?
The City will provide you with current and continuing information on available replacement locations that meet
your needs. The City may also provide you with the names of real estate agents and brokers who can assist
you in finding the type of replacement location you require. While the City will assist you in obtaining a suitable
replacement location, you should take an active role in finding and relocating to a location of your choice. No
one knows your needs better than you. You will want a facility that provides sufficient space for your planned
activities. You will also want to ensure that there are no zoning or other requirements which will unduly restrict
your planned operations. Ask the City to explain which kind of moving costs are eligible for repayment and
which are not eligible. That will enable you to carry out your move in the most advantageous manner.
What Other Assistance Will be Available To Help Me?
In addition to help in finding a suitable replacement location, other assistance, as necessary, will be provided by
the City. This includes information on Federal, State, and local programs that may be of help in reestablishing a
business. For example, the Small Business Administration (SBA) provides managerial and technical assistance
to some businesses. There may also be a government grant or loan program which can help you reestablish
your business. The City will assist you in applying for help available from government agencies. The range of
services depends on the needs of the business being displaced. You should ask the City representative to tell
you about the specific services that will be available to you.
Business Informational Statement Page 2 =a�-ol �S. o-�)
I Have A Replacement Location And Want To Move. What Should I Do?
Before you make any arrangements to move, notify the City, in writing, of your intention to move. This should
be done at least 30 days before the date you begin your move. The City will discuss the move with you and
advise you of the relocation payment(s) for which you may be eligible, the requirements to be met, and how to
obtain a payment.
I Plan To Discontinue My Business Rather Than Move. What Should I Do?
If you have decided to discontinue your business rather than reestablish, you may still be eligible to receive a
payment. Contact the City and discuss your decision to discontinue your business. You will be informed of the
payment, if any, for which you may be eligible, the requirements to be met, and how to obtain your payment.
What Kinds of Payments For Moving Expenses Will I Receive?
Every business is entitled to a relocation payment to cover the reasonable cost of moving. You may choose
either:
A. A Payment For Actual Reasonable Moving and Related Expenses, or
B. A Fixed Payment In Lieu of Moving and Related Expenses (if you meet the eligibility requirements).
What is Payment For Actual Reasonable Moving And Related Expenses?
If you choose a Payment For Actual Reasonable Moving And Related Expenses, you may claim the cost of:
A. Transportation of personal property from your present location to the replacement location. (Generally,
transportation costs are limited to a distance of 50 miles. If you plan to move beyond 50 miles, discuss
your planned move with the City.)
B. Packing, crating, uncrating, and unpacking personal property.
C. Disconnecting, dismantling, removing, reassembling, and installing relocated and substitute machinery,
equipment and other personal property. This includes connection to utilities available nearby and
modifications necessary to adapt such property to the replacement structure or to the utilities or to adapt
the utilities to the personal property. This includes alterations to the replacement structure required to
reinstall machinery, equipment or other personal property
D. Storage of personal property for a reasonable period of time, if required, at the City's discretion.
E. Insurance of personal property in connection with the move and required storage and the replacement
value of property lost, stolen, or damaged in the process of moving where insurance is not readily
available.
F. Any license, permit or certification required by the displaced business, to the extent that the cost is (1)
necessary to its reestablishment at the replacement location and (2) does not exceed the cost for the
remaining useful life of the existing license, permit, or certification.
G. Reasonable and preauthorized professional services, including architecYs, attorney's, and engineer's fees,
and consultanYs charges, necessary for (1) planning the move of the personal property, (2) moving the
personal property, or (3) installing the relocated personal property at the replacement location.
H. Relettering signs, printing replacement stationery made obsolete by the move and customer notifications.
I. The reasonable cost incurred in attempting to sell an item that is not relocated.
Actual direct loss of personal property. This payment provides compensation for property that is neither
moved nor promptly replaced with a"substitute item" at the replacement location. Payment is limited to the
lesser of: (1) the estimated cost of moving the property or (2) the fair market value of the property for its
continued use at the old location, less any proceeds from its sale. To be eligible, you must make a good
faith effort to sell the property, unless the City determines that such effort is not necessary.
Business Informational Statement Page 3 -e�-o� (5. 04�
K. Purchase and installation of substitute personal property. Payment will be limited to the lesser of: (1) the
estimated cost to move the item to the replacement location, or (2) the actual cost of the substitute item
delivered and installed at the replacement location, less any proceeds from its sale or its trade-in value. It is
important to discuss your plans with the City before you proceed.
L. Searching for a replacement location. This payment may not exceed $1,000.00 and may cover costs for:
• Transportation expenses
• Time spent searching for a replacement location, based on a reasonable salary or earnings
• Reasonable fees paid to real estate agents or brokers to find a replacement location (not fees related
to the purchase of a site)
• Meals and lodging away from home
The City representative will explain all eligible moving costs, as well as, those which are not eligible. You must
be able to account for all costs that you incur; so keep all your receipts. The City will inform you of the
documentation needed to support your claim.
You may minimize the amount of documentation needed to support your claim, if you elect to "self-move" your
property. Payment for self-move is based on the amount of an acceptable low bid or estimate obtained by the
City. If you self-move, you may move your personal property using your own employees and equipment or a
commercial mover. If you and the City cannot agree on an acceptable amount to cover the cost of the "self-
move," you will have to submit full documentation in support of your claim.
You may elect to pay your moving costs yourself and be reimbursed by the City or, if you prefer, you may have
the City pay the mover directly. In either case, let the City know before you move. Select your mover with care.
The City representative can help you select a reliable and reputable mover.
When a payment for "actual direct loss of personal property" or "substitute personal prope�ty" is made for an
item, the estimated cost of moving the item may be based on the lowest acceptable bid or estimate obtained by
the City. If not sold or traded-in, the item must remain at the old location and ownership of the item must be
transferred to the City before you may receive the payment.
What are Reestablishment Expenses?
A small business, farm or non-profit organization may be eligible to receive a payment of up to $10,000 for
expenses actually incurred in relocating and reestablishing such operation at a replacement site.
Eligible expenses must be reasonable and necessary, as determined by the City. They may include but are not
limited to the following:
A. Repairs or improvements to the replacement real property as required by federal, state or local law, code
or ordinance.
B. Modifications to the replacement property to accommodate the business operation or make replacement
structures suitable for conducting the business.
C. Construction and Installation costs for exterior signage to advertise the business.
D. Provision of utilities from right-of-way to improvements on the replacement site.
E. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or
carpeting.
F. Licenses, fees, and permits where not paid as part of moving expenses.
G. Feasibility surveys, soil testing and marketing studies.
H. Advertising of replacement location.
Business /nformational Statement Page 4 -B/-O! (S�Oa)
I. Professional services in connection with the purchase or lease of a replacement site.
J. Estimated increased costs of operation during the first 2 years at the replacement site, for such items as:
1. Lease or rental charges
2. Personal or real property taxes
3. Insurance premiums, and
4. Utility charges (excluding Impact fees)
K. Impact fees or one-time assessments for anticipated heavy utility usage.
L. Other items that the Cit considers essential to the reestablishment of the business.
What Expenses Are Not eligible for Reestablishment Payment?
The following is a non-exclusive listing of reestablishment expenditures not considered to be reasonable,
necessary or otherwise eligible:
A. Purchase of capital assets, such as, office furniture, filing cabinets, machinery, or trade fixtures.
B. Purchase of manufacturing materials, production supplies, product inventory, or other items used in the
normal course of the business operation.
C. Interior or exterior refurbishment at the replacement site, except as otherwise provided for under the
business reestablishment payment.
D. Interest costs associated with any relocation expense or the purchase of replacement property.
E. Payment to a part-time business in the home which does not contribute materially to the household
income.
What is Fixed Payment In Lieu Of A Payment For Actual Reasonable Moving And Related Expenses?
A Fixed Payment In Lieu Of A Payment For Actual Reasonable Moving And Related Expenses to a business or
farm operation is based on the average annual net earnings of the business or farm operation. The payment to
an eligible business or farm operation may not be less than $1,000.00, nor more than $20,000.00. The
nonprofit organization may be eligible for a payment from $1,000.00 to $20,000.00 subject to the following:
A displaced nonprofit organization may choose a fixed payment as stated above if the City determines that it
cannot be relocated without a substantial loss of existing patronage (membership or clientele.) A nonprofit
organization is assumed to meet this test, unless the City demonstrates otherwise. Any payment in excess of
$1,000.00, must be supported with financial statements for the two 12 month periods prior to displacement The
amount to be used for the payment is the average of the last two (2) years annual net earnings. Documentation
required may be income tax returns, certified financial statements and accounting records or other similar
evidence acceptable to the City. To qualify for an In-Lieu payment:
A. A displaced business:
1. must own or rent personal property which must be moved in connection with the displacement and for
which an expense would be incurred in such move, and the business vacates or relocates from its
displacement site.
2. must be unable to relocate without a substantial loss of existing patronage.
3. must not be part of a commercial enterprise having more than one other entity which is not being
acquired by the City, and which is under the same ownership and engaged in the same or similar
business activities.
4. must not be operated at a displacement dwelling/site solely for the purpose of renting such
dwelling/site to others.
Business lnformational Statement Page S =B/-0! �S'o��
5. must have contributed materially to the income of the displaced person during the two (2) taxable
years prior to displacement.
B. A displaced nonprofit organization (1) must be unable to relocate without a substantial loss of its existing
patronage; and, (2) must not be part of an enterprise having another establishment which is not being
acquired by the City.
C. A displaced farm operation must meet certain minimum income requirements.
The average annual net earnings of a business or farm operation are one-half of its net earnings before Federal,
State, or local income taxes during the two (2) taxable years immediately prior to the taxable year in which it
was displaced. If not in business for a full two years prior to displacement, the net earnings shall be based on
the actual period of operation at the acquired site projected to an annual rate. Average net earnings may be
based on a different period of time when the Ciry determines it to be more equitable. Net earnings include any
compensation paid to the owners of the business, a spouse or dependents. The displaced person shall furnish
the City proof of net earnings through income tax returns, certified financial statements, or other reasonable
evidence which the City determines is satisfactory.
The City will inform you as to your eligibility for this payment and the documentation you must submit to support
your claim. Remember, when vou elect to take this �avment vou are not entitled to reimbursement for anv other
movina expenses.
I Own An Outdoor Advertising Display. What Relocation Payment Will I Receive?
As the owner of an outdoor advertising display, you are eligible for a Relocation Payment For Actual
Reasonable Moving And Related Expenses. You are not eligible to receive a Payment In Lieu Of A Payment
For Actual Reasonable Moving And Related Expenses.
If you choose not to relocate or replace the sign, the payment for "direct loss of personal property" would be the
lesser of: (1) the depreciated reproduction cost of the sign, as estimated by the City, less the proceeds from its
sale, or (2) the estimated cost of moving the sign without temporary storage. The City will inform you as to the
exact costs that may be reimbursed.
How do I File A Claim For A Relocation Payment?
You must file a claim for a relocation payment. The City will provide you with the required claim forms, assist
you in completing them, and explain the type of documentation that you must submit in order to receive your
relocation payments. If you must pay any relocation expenses before you move (e.g., because you must provide
a security deposit if you lease your new location), discuss your financial needs with the City. You may be able to
obtain an advance payment. An advance payment may be placed in "escrow" to ensure that the move will be
completed on a timely basis.
If you are a tenant, you must file your claim within 18 months after the date you move. If you own the property,
you must file within 18 months after the date you move, or the date you receive the final acquisition payment,
whichever is later. However, it is to your advantage to file as soon as possible after you move. The sooner you
submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18
months, the City may extend this period.
You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a
relocation payment or the amount of the payment, you will be notifled, in writing, of the problem and the action
you may take to resolve the matter.
Appeals
If you disagree with the City's decision as to your right to a relocation payment or the amount of payment, you
may appeal the decision to the City. The City will inform you of its appeal procedures. At a minimum, you will
have 18 months to file your appeal with the City. Your appeal must be in writing. However, if you need help, the
Ciry will assist you in preparing your appeal. If you are not satisfied with the final appeal decision, you may seek
review of the matter by the courts.
Business Informationul Statement Page 6 =t�i-o� �s oa�
Tax Status of Relocation Benefits
California Government Code Section 7269 indicates no relocation payment received shall be considered as
income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division
2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section
23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24,
Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income
for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue
Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and
displacees should consult with their own tax advisor or legal counsel to determine the current status of such
payments.
Lawful Presence Requirement
Pursuant to the Public Law 105-117 of 11-21-97, in order to be eligible to receive non-residential relocation
benefits in federally-funded relocation projects, the owner of a sole proprietorship and all owners of a
partnership must provide information regarding their lawful presence in the United States, and a for-profit or a
non-profit corporation must certify that it is authorized to conduct business in the United States. Sole
proprietorships or partnerships with owners who are not lawfully present in the United States or who decline to
provide this information, may be denied relocation benefits. Relocation benefits will be prorated to reflect the
number of owners with certified lawful presence in the US.
Additional Information
If you have further questions after reading this brochure, contact Overland, Pacific & Cutler, Inc. and discuss
your concerns with your relocation representative. You may wish to read the California Relocation Assistance
Act regulations which describes the relocation process in more detail.
Business Informational Statement Page 7 -Q7-01 (5-o-t�
ATTACHMENT 5
SAMPLE INFORMATIONAL BROCHURE
FOR
DISPLACED BUSINESSES
Introduction
The property on which you now conduct your business is in an area to be improved with the
assistance of the City of Palm Desert ("City°). The City plans require the acquisition of several
land parcels and the relocation of existing commercial uses. You will be notified in a timely
manner as to the date by which you must move.
Please read this information as it will be helpful to you in determining your eligibility and the
amount of your relocation benefits under the federal and/or state law. We suggest you save this
informational statement for reference.
This is not a notice to move. It is important that you do not move before you learn what you
must do to receive relocation payments and other assistance to which you may be entitled. The
City has retained the services of Overland, Pacific & Cutler, Inc. (OPC), qualified professional
relocation firm, to assist you. The firm is available to explain the program and benefits. Their
address and telephone number is:
Overland, Pacific 8� Cutler, Inc.
41555 Cook Ste., 250
Palm Desert, California 92260
Telephone: (760) 776-1238
Spanish speaking representatives are available. Si necesita esta informacibn en Espanol,
por favor Ilame a su representante.
Summary of Relocation Assistance
As an eligible displaced business, you will be offered appropriate financial and advisory
assistance to help you relocate, including:
A. Payment for your moving expenses. You will receive either:
A Payment for Actual Reasonable Moving and Related Expenses, or
A Fixed Payment In Lieu of a Payment for Actual Moving and Related Expenses
B. Referrals to suitable replacement locations.
C. Other help to reestablish your business and minimize the impact of the move including
help in preparing claim forms to request relocation payments.
If you disagree with the City's decision as to your right to a relocation payment, or the amount of
the payment, you may appeal that decision.
Business Informationa! Statement Page 1 -a�-01(5-'04)
SOME GENERAL QUESTIONS
How will I know I am eligible for relocation assistance?
Ordinarily, eligibility begins on the date the owner of the property receives the City's initial written offer to
purchase it. Therefore, you should not move before that date. If you do, you may not be eligible for relocation
assistance.
How Will the Agency Know How Much Help I Need?
You will be contacted at an early date and personally interviewed by a representative of the Ciry to determine
your needs and preferences for a replacement location and other services. The interviewer will ask questions
about such matters as your space requirements. It is to your advantage to provide the information so that the
City, through its relocation consultant, can assist you in moving with a minimum of hardship. The information
you give will be kept in confidence.
How Soon Will I Have to Move?
Every reasonable effort will be made to provide you with sufficient time to flnd and reestablish your business in a
suitable replacement location. If possible, a mutually agreeable date for the move will be worked out. Unless
there is an urgent need for the property (e.g., your occupancy would present a health or safety emergency), you
will not be required to move without at least 90 days advance written notice. It is important, however, that you
keep in close contact with the City so that you are aware of the time schedule for carrying out the project and
the approximate date by which you will have to move.
I Own The Property, Will I Be Paid For It Before I Have To Move?
If you reach a voluntary agreement to sell your property to the City, you will not be required to move before you
receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you
cannot be required to move before the estimated fair market value of the property has been deposited with the
court. (You should be able to withdraw this amount immediately, less any amounts necessary to pay off any
mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your
share of the money will not affect your right to seek additional compensation for your property).
Will I Have To Pay Rent To The City Before I Move?
You may be required to pay a fair rent to the City for the period between the acquisition of your property and the
date that you move. Your rent and the terms of your tenancy will be generally the same as in the prior
arrangement.
How Will I Find A Replacement Location?
The City will provide you with current and continuing information on available replacement locations that meet
your needs. The City may also provide you with the names of real estate agents and brokers who can assist
you in finding the type of replacement location you require. While the City will assist you in obtaining a suitable
replacement location, you should take an active role in finding and relocating to a location of your choice. No
one knows your needs better than you. You will want a facility that provides sufficient space for your planned
activities. You will also want to ensure that there are no zoning or other requirements which will unduly restrict
your planned operations. Ask the City to explain which kind of moving costs are eligible for repayment and
which are not eligible. That will enable you to carry out your move in the most advantageous manner.
What Other Assistance Will be Available To Help Me?
In addition to help in finding a suitable replacement location, other assistance, as necessary, wil{ be provided by
the City. This includes information on Federal, State, and local programs that may be of help in reestablishing a
business. For example, the Small Business Administration (SBA) provides managerial and technical assistance
to some businesses. There may also be a government grant or loan program which can help you reestablish
your business. The City will assist you in applying for help available from government agencies. The range of
services depends on the needs of the business being displaced. You should ask the Ciry representative to tell
you about the specific services that will be available to you.
Business Informational Statement Page 2 =B/-ol (S o4�
I Have A Replacement Location And Want To Move. What Should I Do?
Before you make any arrangements to move, notify the City, in writing, of your intention to move. This should
be done at least 30 days before the date you begin your move. The City will discuss the move with you and
advise you of the relocation payment(s) for which you may be eligible, the requirements to be met, and how to
obtain a payment.
I Plan To Discontinue My Business Rather Than Move. What Should I Do?
If you have decided to discontinue your business rather than reestablish, you may still be eligible to receive a
payment. Contact the City and discuss your decision to discontinue your business. You will be informed of the
payment, if any, for which you may be eligible, the requirements to be met, and how to obtain your payment.
What Kinds of Payments For Moving Expenses Will I Receive?
Every business is entitled to a relocation payment to cover the reasonable cost of moving. You may choose
either:
A. A Payment For Actual Reasonable Moving and Related Expenses, or
B. A Fixed Payment In Lieu of Moving and Related Expenses (if you meet the eligibility requirements).
What is Payment For Actual Reasonable Moving And Related Expenses?
If you choose a Payment For Actual Reasonable Moving And Related Expenses, you may claim the cost of:
A. Transportation of personal property from your present location to the replacement location. (Generally,
transportation costs are limited to a distance of 50 miles. If you plan to move beyond 50 miles, discuss
your planned move with the City.)
B. Packing, crating, uncrating, and unpacking personal property.
C. Disconnecting, dismantling, removing, reassembling, and installing relocated and substitute machinery,
equipment and other personal property. This includes connection to utilities available nearby and
modifications necessary to adapt such property to the replacement structure or to the utilities or to adapt
the utilities to the personal property. This includes alterations to the replacement structure required to
reinstall machinery, equipment or other personal property
D. Storage of personal property for a reasonable period of time, if required, at the City's discretion.
E. Insurance of personal property in connection with the move and required storage and the replacement
value of property lost, stolen, or damaged in the process of moving where insurance is not readily
available.
F. Any license, permit or certification required by the displaced business, to the extent that the cost is (1)
necessary to its reestablishment at the replacement location and (2) does not exceed the cost for the
remaining useful life of the existing license, permit, or certification.
G. Reasonable and preauthorized professional services, including architecYs, attorney's, and engineer's fees,
and consultanYs charges, necessary for (1) planning the move of the personal property, (2) moving the
personal property, or (3) installing the relocated personal property at the replacement location.
H. Relettering signs, printing replacement stationery made obsolete by the move and customer notifications.
I. The reasonable cost incurred in attempting to sell an item that is not relocated.
J. Actual direct loss of personal property. This payment provides compensation for property that is neither
moved nor promptly replaced with a"substitute item" at the replacement location. Payment is limited to the
lesser of: (1) the estimated cost of moving the property or (2) the fair market value of the property for its
continued use at the old location, less any proceeds from its sale. To be eligible, you must make a good
faith effort to sell the property, unless the City determines that such effort is not necessary.
Business Informational Statement Puge 3 =e�-01(s�'031
K. Purchase and installation of substitute personal property. Payment will be limited to the lesser of: (1 � the
estimated cost to move the item to the replacement location, or (2) the actual cost of the substitute item
delivered and installed at the replacement location, less any proceeds from its sale or its trade-in value. It is
important to discuss your plans with the Ciry before you proceed.
L. Searching for a replacement location. This payment may not exceed $1,000.00 and may cover costs for:
• Transportation expenses
• Time spent searching for a replacement location, based on a reasonable salary or earnings
• Reasonable fees paid to real estate agents or brokers to find a replacement location (not fees related
to the purchase of a site)
• Meals and lodging away from home
The City representative will explain all eligible moving costs, as well as, those which are not eligible. You must
be able to account for all costs that you incur; so keep all your receipts. The City will inform you of the
documentation needed to support your claim.
You may minimize the amount of documentation needed to support your claim, if you elect to "self-move" your
property. Payment for self-move is based on the amount of an acceptable low bid or estimate obtained by the
City. If you self-move, you may move your personal property using your own employees and equipment or a
commercial mover. If you and the City cannot agree on an acceptable amount to cover the cost of the "self-
move," you will have to submit full documentation in support of your claim.
You may elect to pay your moving costs yourself and be reimbursed by the City or, if you prefer, you may have
the City pay the mover directly. In either case, let the City know before you move. Select your mover with care.
The City representative can help you select a reliable and reputable mover.
When a payment for "actual direct loss of personal property" or "substitute personal property" is made for an
item, the estimated cost of moving the item may be based on the lowest acceptable bid or estimate obtained by
the City. If not sold or traded-in, the item must remain at the old location and ownership of the item must be
transferred to the City before you may receive the payment.
What are Reestablishment Expenses?
A small business, farm or non-profit organization may be eligible to receive a payment of up to $10,000 for
expenses actually incurred in relocating and reestablishing such operation at a replacement site.
Eligible expenses must be reasonable and necessary, as determined by the City. They may include but are not
limited to the following:
A. Repairs or improvements to the replacement real property as required by federal, state or local law, code
or ordinance.
B. Modifications to the replacement property to accommodate the business operation or make replacement
structures suitable for conducting the business.
C. Construction and Installation costs for eMerior signage to advertise the business.
D. Provision of utilities from right-of-way to improvements on the replacement site.
E. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or
carpeting.
F. Licenses, fees, and permits where not paid as part of moving expenses.
G. Feasibility surveys, soil testing and marketing studies.
H. Advertising of replacement location.
Business Informational Statement Page 4 =[3l-0! (5 o-t1
I. Professional services in connection with the purchase or lease of a replacement site.
J. Estimated increased costs of operation during the first 2 years at the replacement site, for such items as:
1. Lease or rental charges
2. Personal or real property taxes
3. Insurance premiums, and
4. Utility charges (excluding Impact fees)
K. Impact fees or one-time assessments for anticipated heavy utility usage.
L. Other items that the Cit considers essential to the reestablishment of the business.
What Expenses Are Not eligible for Reestablishment Payment?
The following is a non-exclusive listing of reestablishment expenditures not considered to be reasonable,
necessary or otherwise eligible:
A. Purchase of capital assets, such as, office furniture, filing cabinets, machinery, or trade fixtures.
B. Purchase of manufacturing materials, production supplies, product inventory, or other items used in the
normal course of the business operation.
C. Interior or exterior refurbishment at the replacement site, except as otherwise provided for under the
business reestablishment payment.
D. Interest costs associated with any relocation expense or the purchase of replacement property.
E. Payment to a part-time business in the home which does not contribute materially to the household
income.
What is Fixed Payment In Lieu Of A Payment For Actual Reasonable Moving And Related Expenses?
A Fixed Payment In Lieu Of A Payment For Actual Reasonable Moving And Related Expenses to a business or
farm operation is based on the average annual net earnings of the business or farm operation. The payment to
an eligible business or farm operation may not be less than $1,000.00, nor more than $20,000.00. The
nonprofit organization may be eligible for a payment from $1,000.00 to $20,000.00 subject to the following:
A displaced nonprofit organization may choose a fixed payment as stated above if the City determines that it
cannot be relocated without a substantial loss of existing patronage (membership or clientele.) A nonprofit
organization is assumed to meet this test, unless the City demonstrates otherwise. Any payment in excess of
$1,000.00, must be supported with financial statements for the two 12 month periods prior to displacement The
amount to be used for the payment is the average of the last two (2) years annual net earnings. Documentation
required may be income tax returns, certified financial statements and accounting records or other similar
evidence acceptable to the Ciry. To qualify for an In-Lieu payment:
A. A displaced business:
1. must own or rent personal property which must be moved in connection with the displacement and for
which an expense would be incurred in such move, and the business vacates or relocates from its
displacement site.
2. must be unable to relocate without a substantial loss of existing patronage.
3. must not be part of a commercial enterprise having more than one other entity which is not being
acquired by the City, and which is under the same ownership and engaged in the same or similar
business activities.
4. must not be operated at a displacement dwelling/site solely for the purpose of renting such
dwelling/site to others.
Business Informational Statement Page 5 =ai-o1 �S nai
5. must have contributed materially to the income of the displaced person during the two (2) taxable
years prior to displacement.
B. A displaced nonprofit organization (1) must be unable to relocate without a substantial loss of its existing
patronage; and, (2) must not be part of an enterprise having another establishment which is not being
acquired by the City.
C. A displaced farm operation must meet certain minimum income requirements.
The average annual net earnings of a business or farm operation are one-half of its net earnings before Federal,
State, or local income taxes during the two (2) taxable years immediately prior to the taxable year in which it
was displaced. If not in business for a full two years prior to displacement, the net earnings shall be based on
the actual period of operation at the acquired site projected to an annual rate. Average net earnings may be
based on a different period of time when the City determines it to be more equitable. Net earnings include any
compensation paid to the owners of the business, a spouse or dependents. The displaced person shall furnish
the City proof of net earnings through income tax returns, certified financial statements, or other reasonable
evidence which the City determines is satisfactory.
The City will inform you as to your eligibility for this payment and the documentation you must submit to support
your claim. Remember, when vou elect to take this pavment vou are not entitled to reimbursement for anv other
movin4 expenses.
I Own An Outdoor Advertising Display. What Relocation Payment Will I Receive?
As the owner of an outdoor advertising display, you are eligible for a Relocation Payment For Actual
Reasonable Moving And Related Expenses. You are not eligible to receive a Payment In Lieu Of A Payment
For Actual Reasonable Moving And Related Expenses.
lf you choose not to relocate or replace the sign, the payment for "direct loss of personal property" would be the
lesser of: (1) the depreciated reproduction cost of the sign, as estimated by the City, less the proceeds from its
sale, or (2) the estimated cost of moving the sign without temporary storage. The City will inform you as to the
exact costs that may be reimbursed.
How do I File A Claim For A Relocation Payment?
You must file a claim for a relocation payment. The City will provide you with the required claim forms, assist
you in completing them, and explain the type of documentation that you must submit in order to receive your
relocation payments. If you must pay any relocation expenses before you move (e.g., because you must provide
a security deposit if you lease your new location), discuss your financial needs with the City. You may be able to
obtain an advance payment. An advance payment may be placed in "escrow" to ensure that the move will be
completed on a timely basis.
If you are a tenant, you must file your claim within 18 months after the date you move. If you own the property,
you must file within 18 months after the date you move, or the date you receive the final acquisition payment,
whichever is later. However, it is to your advantage to file as soon as possible after you move. The sooner you
submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18
months, the City may extend this period.
You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a
relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action
you may take to resolve the matter.
Appeals
If you disagree with the City's decision as to your right to a relocation payment or the amount of payment, you
may appeal the decision to the City. The City will inform you of its appeal procedures. At a minimum, you will
have 18 months to file your appeal with the City. Your appeal must be in writing. However, if you need help, the
City will assist you in preparing your appeal. If you are not satisfied with the final appeal decision, you may seek
review of the matter by the courts.
Business /nformational Statement Puge 6 =ai-ni �s�oa�
Tax Status of Relocation Benefits
California Government Code Section 7269 indicates no relocation payment received shall be considered as
income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division
2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section
23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24,
Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income
for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue
Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and
displacees should consult with their own tax advisor or legal counsel to determine the current status of such
payments.
Lawful Presence Requirement
Pursuant to the Public Law 105-117 of 11-21-97, in order to be eligible to receive non-residential relocation
benefits in federally-funded relocation projects, the owner of a sole proprietorship and all owners of a
partnership must provide information regarding their lawful presence in the United States, and a for-profit or a
non-profit corporation must certify that it is authorized to conduct business in the United States. Sole
proprietorships or partnerships with owners who are not lawfully present in the United States or who decline to
provide this information, may be denied relocation benefits. Relocation benefits will be prorated to reflect the
number of owners with certified lawful presence in the US.
Additional Information
If you have further questions after reading this brochure, contact Overland, Pacific & Cutler, Inc. and discuss
your concerns with your relocation representative. You may wish to read the California Relocation Assistance
Act regulations which describes the relocation process in more detail.
Business Informational Statement Page 7 =8�-01 (5 04)
ATTACHMENT 6
Fixed Payment Moving Schedule
Occupant Owns Furniture
One room
Two rooms
Three rooms
Four rooms
Five rooms
Six rooms
Seven rooms
Eight rooms
each additional room
Occupant Does NOT Own Furniture
First Room
each additional room
Source: Federal Highway Administration (effective 6-15-05)
$625.00
$800.00
$1,000.00
$1,175.00
$1,425.00
$1,650.00
$1,900.00
$2,150.00
$225.00
$400.00
$65.00
ATTACHMENT 7
PROCEDURES
FOR
RELOCATION PAYMENTS AND ASSISTANCE
Claims and supporting documentation for relocation benefits must be filed with the City
within 18 months from:
• The date the claimant moves from the acquired property; or,
• The date on which final payment for the acquisition of real property is made,
whichever is later.
The procedure for the preparation and filing of claims, and the processing and delivery of
payments will be as follows:
1. Claimant(s) will provide all necessary documentation to substantiate
eligibility for assistance.
2. Assistance amounts will be determined in accordance with the provisions of
California Relocation Law.
3. Required claim forms will be prepared by relocation personnel in conjunction
with claimant(s). Signed claims and supporting documentation will be
submitted by relocation personnel to the City.
4. The City will review and approve claims for payment or request additional
information.
5. The City will issue benefit checks which will be available at the City offices
for pick-up by OPC, unless circumstances dictate otherwise.
6. Final payments will be issued after confirmation that the Project area
premises have been completely vacated, and actual residency at the
replacement unit is verified.
7. Receipts of payment will be maintained in the relocation case file.
ATTACHMENT 8
Appeals Policy and Procedures
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.
ATTACHMENT 9
PLAN ADDENDUM
(PUBLIC COMMENTS AND CITY RESPONSE)
On October 12, 2007, a copy of the Alessandro Alley Widening ("ProjecY') Relocation
Plan was mailed via regular, and certified mail to each of the project occupants with
notification of the thirty-day review. The thirty (30) day comment period ended at 5:00
p.m on November 16, 2007.
No comments were received.