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HomeMy WebLinkAboutSR - Final Relocation Pln - Country Village Apts.PALM DESERT REDEVELOPMENT AGENCY REQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation: STAFF REPORT APPROVE FINAL RELOCATION PLAN FOR COUNTRY VILLAGE APARTMENT PROJECT MARTIN ALVAREZ, REDEVELOPMENT MANAGER JANUARY 24, 2008 - MEETING GATE RELOCATION PLAN 191CONTINUED T0,(. *-, %CIWI-10i%z, Ll PASSED TO 2ND READING By Minute Motion, that the Agency Board approve the Final Relocation Plan for the Country Village Apartment project. Executive Summarv: The Country Village Apartment project is located at 42-555 Avenue of the States. The 66-unit apartment complex was acquired by the Redevelopment Agency in 2005. In order to redevelop the site, a relocation plan for the remaining 13 tenants requires review and approval. The attached Country Village Relocation Plan outlines the eligible relocation assistance for the remaining tenants and complies with California Relocation Law. The law requires preparation and a public review period of a relocation plan, which has been completed. Approval of the Final Relocation Plan will comply with state law and is necessary before the site is redeveloped. 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 future redevelopment of the Country Village site (the "Project") 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 June of 2007 to prepare the Relocation Plan (the "Plan") for the Country Village Project. Staff Report Approval of Final Relocation Plan for Country Village Apartment Project Page 2 of 2 January 24, 2008 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 than 15 households. The plan provides a project description, the results of needs assessment survey conducted among residents, a housing resource study, and details of the Agency's proposed relocation program. No displacement activities have taken place prior to the required reviews and approval of this Plan. In December 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 Plan was provided to the public for the mandatory 30-day review period, and no comments were received. In addition, a notice was published in the newspaper identifying the availability of the plan for review to tenants that may have resided at the property after the Agency's acquisition in 2005. The thirty (30) day comment period ended at 5:00 p.m. on January 12, 2008, 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 Country Village Apartment Project, and approval to move forward with individual eligibility letters to the remaining qualifying tenants. Submitted by: artin Alvarez Redevelopment Manager Department Head: `Dave Yrigoye Director of Redevelopment/Housing Ca os L. O , Executive Director Approval: 6 ;tin V cCarthy FM development Cls Paul S. Gibson, Director of Finance Wrda\Martin Alvarez\Country Village\Relocation Plan\012408CountryVillageRelocRan doc RELOCATION PLAN FOR THE COUNTRY VILLAGE SENIOR APARTMENTS PROJECT �FINAL^� OVERLAND, PACIFIC 8� CUTLER, INC. 41555 COOK STREET, $UITE 250 PALM DESERT, CA 92260 PHONE: (760) 776-1238 NOVEMBER 30, 2007 _ . ... . 'i'A13LF OF C4NTENTS �: w '��'T INTRODUCTION ..................................................... 1 A. PROJECT LOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B. ASSESSMENT OF NEEDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C. REPLACEMENT HOUSING RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 D. CONCURRENT RESIDENTIAL DISPLACEMENT . . . . . . . . . . . . . . . . . . . . . . 4 E. TEMPORARY HOUSING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 F. PROGRAM ASSURANCES AND STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . 4 G. RELOCATION ASSISTANCE PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 H. RELOCATION BENEFIT CATEGORIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 I. PAYMENT OF RELOCATION BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 J. EVICTION POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 K. APPEALS POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 L. PROJECTED DATES OF DISPLACEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 M. ESTIMATED RELOCATION COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 N. CITIZEN PARTICIPATION/PLAN REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 TABLE OF ATTACHMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ��I NT R() U l� CT ION �.yx.,�,����� The City of Palm Desert Redevelopment Agency ("Agency") proposes to develop a senior apartment complex of approximately 66 units on a site located at 42-455 Washington Street, currently owned by the Agency. The proposed project is known as the Country Village Senior Apartments Project ("Project"). The Agency has recently selected an architect to design the Project, which would entail the demolition of an existing apartment complex comprised of studio units located on the site and development of approximately 66 new units for individuals 55 years of age or older, with incomes within certain levels. The Agency acquired the site in 2005 as an existing studio units apartment complex in a condition of substantially deferred maintenance. The Agency engaged a management company and continued to rent the units to tenants residing in the complex at the time the Agency acquired it, with downward rent adjustments for qualifying low and moderate income residents. The Agency addressed several of the maintenance issues on the site and in anticipation of potential rehabilitation of individual units, did not re-let units as they became vacant. In early 2006, the Agency engaged a professional consuiting firm to undertake a detailed technical evaluation of the existing improvements and an overall assessment of the site to determine its best use. As a result of the evaluation, the Agency has determined preliminarily that the physical condition of the property does not make it cost effective to retain the existing structure and rehabilitate it. Instead, based on overall costs and housing needs in the City, it now appears that the best use of the site is to demolish the existing improvements and develop the site as senior apartments for low and moderate income age-quali�ed tenants. The Agency has now engaged an architectural firm to develop a design concept for the proposed Project. The following Relocation Plan ("Plan") has been prepared for the Agency by Overland, Pacific & Cutler ("OPC") in accordance with the specific requirements set out in Section 6038 of the State Guidelines concerning projects that involve displacement of less than 15 households. Should the need for a supplemental plan arise (see Section B below), a supplemental plan will be prepared. This Plan provides a project description, the results of a needs assessment survey conducted among residents, a housing resource study, and Overland, Paci�ic £� Cutler, Inc. (OPC) Page 1 details of the Agency's 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 southeastern portion of the City of Palm Desert, west of Washington Street and north of Highway 111 and south of f-10 Freeway. 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). The specific Project site is located at southwestern corner of Avenue of the States and Washington Street; generally bounded by Avenue of the States on the north, Washington Street on the east, Dudley Drive on the south and Warner Trail on the west (see Attachment 1, Figure 2). 6. ASSESSMENT OF NEEDS Survey information for the Plan was obtained from individual, on-site interviews conducted with residents in 2007. The Project will impact 13 tenant-occupied studio units within the 66-unit complex. As noted above, after the Agency acquired the site, the Agency did not re-let units when they became vacant, anticipating potential rehabilitation of units. To the extent that any of the former tenants residing on the property when the Agency acquired it may be eligible for relocation assistance, the Agency is making every effort to contact these persons, including through newspaper notices and contact at last known addresses. OPC will interview any former tenants located through the Agency's efforts and determine whether they are displaced persons within the meaning of the State Guidelines and the Agency's Relocation Rules. If this process results in the need for a Supplemental Relocation Plan, such a Plan will be prepared in accordance with applicable law. Survey responses have been obtained from tenants in 9 of the remaining occupied units and property management provided {imited information about the tenants in the remaining 4 units. All tenants are renting or leasing studio units that are rather sma{{; measuring Overland, Pacific F� Cutler, Inc. Page 2 approximately 350 to 400 square feet. Monthly rent payments the respondent households are paying range befinreen $304 and $625 with an average rent of $545. One household reported receiving Housing Assistance. Seven of the respondent households consist of a singe adult and the remaining 2 households include 2 members. The standard for housing density adopted by the Agency allows two persons per bedroom and one person in a common living area up to three bedrooms. Based on these criteria as compared to available tenant data, there appear to be no overcrowded units among the subject tenant residential properties. Seven households reported their ethnicity as White with English as their primary household language, 1 is Hispanic with Spanish as their primary language, and 1 is Pacif+c Islander with Tagalong as the primary language. According to income standards for the County of Riverside (Exhibit C) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD) in April 2007, 3 Project households qualify as very low income (31 %-50% of area median), 4 qualify as moderate income (81 %-120% of area median) and 1 qualifies as above moderate or high income (over 120% of area median). One household refused to disclose their income. Two households are considered senior (62 years of age or older) and 1 reported a disability that is mobility related and will require special accommodations or a handicap accessible unit. 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. C. REPLACEMENT HOUSING RESOURCES A housing resource survey was conducted during the month of September and October 2007 to determine the availability of replacement housing to meet the needs of the 13 Project area households. The availability of studio units in Palm Desert and surrounding communities was researched as well as the availability of larger units (with 1 or 2 bedrooms) if they were not cost prohibitive in comparison to the studio units on the market. The survey identifled 7 available studio rental properties thatwould satisfy decent, safe and sanitary requirement for current tenant occupants. Additional 17 1-bedroom units and 14 2-bedroom units were identified with only slightly higher median rent than studio units. The Overland, Pacific & Cutler, Inc. Page 3 Agency will continuously update the list of available units and no tenant will be required to move unless a comparable unit is available for rent. TABLE 1: Availability and Cost of Rental Housing Bedroom Size # Found (# Needed) Rent Range Median Rent Studio 7 (13) $549-$895 $650 One 17 (0) $600-$925 $775 Two 14 (0) $545-$950 $895 The median rent amounts shown in the table above are among the figures used to make benefit and budget projections for the Plan. These amounts are, naturally, subject to change according to the market rates prevailing at the time of displacement. Average Project rents are currentiy 15 percent fess than respective median market rents for surveyed replacement units. 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 all households 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 Aet; the Americans with Disabilities Act; Title VI of The Overland, Pacific £� Cutler, Inc. Page 4 Civil Rights Act of 1964; Title VII of The Civil Rights Act of 1964; Title VIII of The 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 Agency 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, Paci�c & 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 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: Overland, Pacific £� Cutler, Inc. Page 5 A. Distribution of informational brochures to residents (Attachment 4); B. Timely referrals to at least 3 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 Agency 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 California Department of Transportation (See Fixed Payment Moving Schedule - Attachment 5). -OR- b. Actual Reasonabfe Movinq Expense Pavments - A displaced household may e{ect to have a licensed, professional mover perform Overland, Pacific £� Cutler, Inc. Page 6 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 Agency to buy the property from which the households will be displaced. In this case, the written offer to purchase the property was made is 2005 with a purchase date in November 2005. 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. 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 $5,250 or when a tenant does not meet applicable occupancy requirements. I. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously. Claims and supporting Overland, Pacific £� Cutler, Inc. Page 7 documentation for relocation benefits must be filed with the Agency within 18 months from: i) the date the claimant moves from the acquired property; or, ii) the date on which final payment for the acquisition of real property is made, � whichever is later. Procedures for preparing, and filing of claims and processing and delivering of payments are attached (Attachment 6). 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 Agency's appeals policy and procedures is attached (Attachment 7). L. PROJECTED DATES OF DISPLACEMENT The residential households will receive a written 90 day notice-to-vacate before they are Overland, Pacific F� Cutler, Inc. Page 8 required to move. These notices are expected to be issued in January 2008. Relocation is expected to be completed and construction to begin by the end of December 2008. M. ESTIMATED RELOCATION COSTS The Agency will use its own local funds to underwrite the Project. Estimated relocation costs for the 13 Project households are $252,350 including a 20% 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 Agency 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 Redevelopment Agency Board (Attachment 8). A copy of the approved Plan will be forwarded to the California Department of Housing and Community Development (HCD). Overland, Pacific £a Cutler, Inc. Page 9 TABLE OF ATTACHMENTS Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Attachment 7: Attachment 8: Project Site Maps Demographic Characteristics H.U.D. Annual Income Limitations - Riverside County (2007) Sample Informational Brochure for Displaced Households Fixed Payment Moving Schedule Procedures for Relocation Payments and Assistance Appeals Policy and Procedures Plan Addendum (Public Comments and Agency Response) Oueriand, Pacific £� Cutler, Inc. Page 10 ATTACHMENT 1 PROJECT SITE MAPS � EdNMtlS Ki1N•'SLtAe. � �. .N�rro ��,� N Lmwoprl , .� f�nn�� � �,�� � FO�GlBe3! �� ^ __� �.6 � �! .. . . �.-. �� ;� . pup�� ` �'��.s� ' ���8 ��� �._:.._ �Esse� 1F � `-� IiLAZ1Y 7A o . � � �DanlY P� �o e.oa.a a++av , `� ,��y yaey �s.�m ie i �`""vncai " µ . ' ' .�Vn�x�1.A< ' PIWm Rd i ' _ , TwyMre A��nu . ,� • � PalnsMrrc �taeeem QrRe �� t wwsan ' � CapsBaa .. ,. y� �^ CIIL IFONMIA ' M,�ua.n 118 hfM1100 f00UR S :ik! .�.�:.J.B I IaCM�r sLNlArtCM1eVJ o��°�� ! Stl18afn • • ° BWLdce N^h�( i1w WeS1FGrk ppyyip 7� San Genrar NltlanY ia s� � aD T��p ,y�ppy R0 ti .� �� f�Y�ro E7 ' g �^��NO VucceVdry L r�°°`"°" `� n °vu�da oetertMa b.m.t�se 3a�u�buM IYb �� ,SMqt YANernafs � O �M w e0�r°1 .Io�MrTnsMMbn�Prt e - nyt T�If�ll[�e ��� V� ���iar �Y +A� y W WaeA�� �n a. 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Re..�o.� Map 1: Regional Project Location ,�� 3 w o � � � m � Easthaven Rd � � � a o � Woodhaven �� S � res4�R Tra1 42nd Ave PaYn DeceA Michigan Or �'` � � � '�y loe Mmn P�rN Arenue of the St� Califomia Dr I�'o+��a�^� � Missoud Dr � � � y� Dudley Or N � VJ � O � N y � � � � � A a Edinbnrough St v' = m v o � S. `o Hidden Rrrer Rd m � c � AW ,� Copmaht� 2005 A�IcrosoII Com anWor its suoollers. Wi rlqhts reserred. � Map 2: Project Site Location ATTACHMENT 2 DEMOGRAPHIC CHARACTERISTICS TABLE 1: 2000 Census Population - City of Palm Desert 8� Tract 451.08 Population Tract 451.08 % City Total Populatlon 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 Pafm 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 Housin� Units 302 11.9% 8,837 Available for Sale Only (of Total Vacant 35 11.6% 297 Unib) Available for Rent - Full Time Occupancy (of Total Vacant Units) Sold or Rented - Not Occupied Othervvise Not Available (e.g. seasonal, recreational, migratory, occasional use) Other Vacant Source: U.S. Census Bureau 62 20.5°to 25 8.3% 145 48.0% 35 11.6% % 100.0% 86.8% 1.2% 0.5% 2.6% 0.1 % 6.5% 2.4% 17.1% % 100.0% 45.8% 22.7% 31.5% 3.4% 576 6.5% 184 2.1% 6,446 72.9% 1,334 15.1 °lo 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 Extremely Size Low � Income 1 Person � 12,450 2 Person � 14,200 3 Person � 16,000 4 Person 17,750 5 Person 19,150 6 Person � 20,600 7 Person j 22,000 8 Person ! 23,450 I -------�- -- ---r Very Low Low � Income Income I - � - -- � -- - � � 20,700 � 33,150 I --� --23,700 � 37,900 � -- - -f - -- �- � 26,650 42,600 - -� - -- I -- � - - I � 29,600 � 47,350 � 31,950 � 51,150 I -- i I � 34,350 54,950 I -! -- -- - -� - -i � - - 36,700 ; _58,700 � i 39,050 ! 62,500 � �- _--- -- - Median Moderate Income i Income 41,400 47,400 53, 300 59,200 63,900 68,700 73,400 78,100 --I -- -- I _49,700_ I 56,800 � 63,900 I -- � 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 �NFORMATIONAL BROCHURE FOR DISPLACED HOUSEHOLDS ,,.,.,. ,J� ,_.e� , Informationat 5tatemen# for Families and lndividuals (CA State) I. II. III. IV. V. VI. VII. VIII IX. X. XI. XII. XIII General Information Assistance In Locating A Replacement Dwelling Moving Benefits Replacement Housing Payment - Tenants And Certain Others Section 8 Tenants Replacement Housing Payment - Homeowners Qualification For And Filing Of Relocation Claims Last Resort Housing Assistance Rental Agreement Evictions Appeal Procedures — Grievance Tax Status Of Relocation Benefits Additional Information And Assistance Available I. GENERAL INFORMATION The building in which you now live is in an area to be improved by the City of Palm Desert Redevelopment Agency (called here the "Displacing Agency"). As the project schedule proceeds, it will be necessary for you to move from your dwelling. 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 you may receive under the federal and/or state law. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPC) to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is: Overland, Pacific & Cutler, Inc. 41-555 Cook Street, Suite 250 Palm Desert, CA 92260 Telephone: (760) 776-1238 Spanish speaking representatives are available. Si necesita esta informacibn en espanol, por favor llame a su representante. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your representative with Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefts. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation bene�ts to which you may be entitled to receive. Once the Displacing � 1980-2007 Overland, Pacific 8� Cutler, Inc. (06/07) Page 1 Agency acquires the property, you will also be required to pay rent to the Displacing Agency. II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Displacing Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. III. MOVING BENEFITS If you must move as a result of displacement by the Displacing Agency, you will receive a payrnent to assist in moving your personal property. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods: • A Fixed Movin� Pavrnent based on the number of rooms you occupy (see below); or • A payment for your Actual Reasonable Movin� and Related Expenses based on at least two written estimates and receipted bills; or • A combination of both. For example, you may chose a Self Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and /or other items that require special handling. In this case there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. A. Fixed Moving Payment A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Displacing Agency, and ranges, for example, from $400.00 for one furnished room to $2,150.00 for eight rooms in an unfurnished dwelling. (For details see the table below). Your relocation representative will inform you of the amount you aze eligible to receive if you choose this type of payment. O 1980-2007 Overland, Pacific & Cutler, Inc. (06/07) Page 2 FIXED MOVING SCHEDULE - CALIFORNIA (effective June 2005) Occupant owns furniture 1 room $625.00 2 rooms 3 rooms 4 rooms 5 rooms 6 rooms 7 rooms 8 rooms each additional room Occupant does NOT own furniture $800.00 $1,000.00 $1,175.00 $1,425.00 $1,650.00 $1,900.00 $2,150.00 $225.00 1 room each additional room $400.00 $65.00 If you select a fixed payment, you will be responsible for arranging for your own move and the Displacing Agency will assume no liability for any loss or damage of your personal property. A fixed payment also includes utility hook-up, credit check and other related moving fees. B. Actual Moving Expense (Professional Move) If you wish to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a scope of services for Displacing Agency approval. IV. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS You may be eligible for a payment of up to $5,250.00 to assist you in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied your present dwelling for at least 90 days prior to the initiation of negotiations or an owner who has occupied your dwelling between 90 and 180 days prior to the initiation of negotiations. A. Rental Assistance. If you qualify, and wish to rent your replacement dwelling, your rental assistance benefits will be based upon the difference over a forty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent and estimated utilities or thirty percent (30%) of your gross monthly household income. You will be required to provide your relocation representative with monthly rent and household income verification prior to the determination of your eligibility for this payment. O 1980-2007 Overlan�+, Pacific & Cutler, Inc. (06/07) Page 3 -OR- B. Down-payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down- payment and non-recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for this payment. V. SECTION 8 TENANTS When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. As outlined above, you will be provided counseling and other advisory services along with moving benefits. VI. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 180 days prior to the initiation of negotiations, you may be eligible to receive a payment of up to $22,500.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: l. Purchase Price Differential - An amount which, when added to the amount for which the Displacing Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Displacing Agency as necessary to purchase a comparable replacement dwelling. Your relocation representative will explain both methods to you. 2. Mortgage Interest Differential - The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation representative will explain limiting conditions. 3. Incidental Expenses - Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner-occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that could have been received under the Purchase Price Differential, explained above. The payment will be based on the difference between an economic rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. VII. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS O 1980-2007 Overland, Pacifc & Cutler, Inc. (06/07) Page 4 Z'o qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following: • For a tenant, the date you move from the displacement dwelling. • For an owner-occupant, the latter of: a. The date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court,: or b. The date you move from the displacement dwelling. All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date on which you move, whichever is later. VIII. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Displacing Agency ill provide Last Resort housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort housing assistance is based on the individual circumstances of the displaced person. Your relocation representative will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and last resort eligibility must be applied toward the down-payment and eligible incidental expenses of the home you intend to purchase. IX. RENTAL AGREEMENT As a result of the Displacing Agency's action to purchase the property where you live, you may become a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they aze to be paid and other pertinent information. X. EVICTIONS Any person, who occupies the real property and is not in unlawful occupancy, is presumed to be entitled to relocation benefits. Except for the causes of eviction set forth below, no person lawfully occupying property to be purchased by the Agency will be required to move without having been provided with at least 90 days written notice from the Agency. Eviction will be undertaken only in the event of one or more of the following reasons: • Failure to pay rent; except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services; • Performance of dangerous illegal act in the unit; O 1980-2007 Overland, Pacific & Cutler, Inc. (06/07) Page 5 � Material breach of the rental agreement and failure to correct breach within 30 days of notice; • Maintenance of a nuisance and failure to abate within a reasonable time following notice; • Refusal to accept one of a reasonable number of offers of replacement dwellings; or • The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity. XI. APPEAL PROCEDURES - GRiEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have hisfher claim reviewed or reconsidered in accordance with the Displacing Agency's appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. XII. 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 PersQnal Income Tax Law, Part 10 (commencing with Section 170 O 1) 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 indicates that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of l 954, 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. Xlil. ADDITIONAL INFORMATION AND ASSISTANCE AVAfLABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation representative. O 1980-2007 Overland, Pacific & Cutler, Inc. (06/07) Page 6 , ATTACHMENT 5 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 $625.00 $800.00 $1,000.00 $1,175.00 $1,425.00 $1,650.00 $1,900.00 $2,150.00 $225.00 First Room $400.00 each additional room $65.00 Source: Federal Highway Administration (effective 6-15-05) ATTACHMENT 6 PROCEDURES FOR RELOCATION PAYMENTS AND ASSISTANCE Claims and supporting documentation for relocation benefits must be filed with the Agency 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. Ciaimant(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 wi11 be prepared by refocation personnel in conjunction with claimant(s). Signed ciaims and supporting documentation will be submitted by relocation personnel to the Agency. 4. The Agency will review and approve claims for payment or request additional information. 5. The Agency will issue benefit checks which will be available at the Agency 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 7 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 appeaf 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 not�cation of the residenYs 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 8 PLAN ADDENDUM (PUBLIC COMMENTS AND AGENCY RESPONSE) On December 11, 2007, a copy of the Country Village Senior Apartment Project ("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 January 11, 2008. No comments were received. rt C 6;u n -t'r y:.: C I Fax Cover Sheet To:. , Rachelle Klassen, City Clerk Company: City of Palm Desert Date: January 24, 2008 Re.: ' RDA Agenda Items VI.D and IX.B Fax: 760-340-0574 Phone: 760-346-061.1 Pages: 6 (Including this cover) FW= Christine Walker Pbac 818-536-5025 Fax: 918-991-8588 Transmittal of Letter Original to Follow: (8) Nome 0 us Mail 0 Overnight () Email Message: Si�ton beha f of PDCC Development, LLC Trari mittal of Letter rc: Redevelopment Agency Agenda Items VI.D and IX.B Please accept the enclosed letter to be submitted as part of the public record pertaining to the January 24, 2008 Agenda Items VI. D (Consent Calendar) and IX B (Resolutions). *Please confirm receipt of this fax. Thank you. �> r 7,. 9;7»"0; C..♦yy W= ,>y �1 W M If you have difficulties receiving this facsimile transmission please contact the receptionist or submltter of document at 818.981.6484 Ais.t 1 Note: *1 , message is intended for the use of the individual or entity to which it is addressed & may contain information that is privileged. confidentlal,arfd°exempptfrom disclosure under applicable law. If the reader of thls message is not the intended recipient, or the employee or agent responsible,fortielivering the message to me intendeo recipient, you are hereby notified that dissemination, distrlbullon or copying of this communication is strictly prohibited. If you have received this commurnoation in error Isas®notiiy us immediately by telephone, and ratum the '; �;' ongmal message to us at the shove address via the US` pPostal Service. Thank You. Received Jan-24-08 11:42am From- To -CITY OF PALM DESERT Page 01 SUL,LIVA'K HILL. LEWIN�-REZ & IrNGF r� � A PAOFt!s516NaL LAW CORPdRa7toN � �Rt,s*4 550 WEST C STREET 7 (619) Z33.4100 su1TE 1500 F (619) 231-4372 $A,m DIPGO', CA 92101.9540 www.ahlew.c.cm MADELINE CLARK CAHILL CAJ11LLQ?9HLAW.COM 61 s.69s.3272 ,January 23, 2008 if1A FACSIMILE AND E-MAIL Rupert W. Hargreaves Best, Best & Kreiger, E.LC PO Box 13650 Palm -Desert, CA 92265-3660 Re: January 24, 2008 Agenda items before Palm Desert Redevelopment Agency Project involving Casey's. I Fire Station I Counriry Village Apartments. Dear' Bob: Today our office received the above referenced Agenda and Staff report from the City of Palm Desert. Although I had Intended to be writing,.to you with a simple update relating to.your:. , ,. inquiry of last Friday regarding PDCC Development's progress in connection with the Golf ` Course Maintenance facility and update on the Cart Path configuration, we Telt that the notice we received greatly impacts the update we Intended to make. Our response on 'the matters about which you inquired changes little from the reports we hauls given in the, recent past. Specifically, PDCC Development is still waiting for a response to its -detailed Gateway Project proposal, a copy of which I have Included for your reference. To F06. 0 p, PDCC Development has been wonting with the Redevelopment Agency on a master planned Gateway Project for the Palm Desert Country Club Community, During its last meeting with agency representatives in October 2007, PDCC Development was made aware that the Agihcy intended to proceed.with a previously proposed project involving Casey's Restaurant & Bar, a City Fite -Station and the Country Village Apartments. Although details were not forth coming, this proposal deletes the retail component from the proposed project only and the remainder of the redevelopment concept and proposal remained unchanged. Our, client's• last, communication with the Agency was in Novembe,.r when Mr. Kosmont spoke.with.Mr., McCarthy as a follow up to the PDCC Development presentation and Mr.. i Kosmont's follow up letter dated October 24, 2007; a copy of which is also attached. During the pair ;.tMr. McCarthy stated that he was reviewing the information presented, including the pro . formas.bn affordable and worker housing, and that he would be getting back to Mr, Kosmont. Mr.'•Kosmont stated that PDCC Development would take no action until hearing from the Agency. As we have noted in the past, the Maintenance Facility issue is tied directly to the proposed project, even as -reduced in scope. If that project goes fonrvard, the facility must be relocated and the current site incorporated into the Gateway Project. To address the other two 1ssdbs raised in your e-mail prior to addressing the larger redevelopment Agency matter, the debris located, at the maintenance facility has been removed and PDCC Development has i ashdred. the adjacent homeowners that the accumulation will not happen again- Regarding the ' ;:0DMA1PCD0C8kPC00C=79419A1 Received,;Jan-24-08 11:42am From- To -CITY OF PALM DESERT Page 02 SULI-t'VAN HtL.L LEiWIN •REZ & ENGEL I, 4 0R0FJ%%J01WA4 LAW COOPQRATtRM Robert Hargreaves January 23, 2008 Page 2 cart path reconfiguration, the proposal PDCC Development received for the final design work was out,of keeping with standard rates and our client has put•the job out for further. bid. Contrary to what may have been reported to the City, PDCC Development has not stopped work on this portion of the project and will commence the reconfiguration work as soon as final bids are received. Regarding the Materials received today from the City, we have done as much research and investigation as we could regarding the proposed action and staff report in order to bring our concerns to your attention before tomorrow's Redevelopment Agency and Housing Authority Meeting. In many instances we are drawing what we consider logical conclusions from the information we have in hand. 'One of the biggest concerns is than information has just not been made available to the PDCC community. We ask for you indulgence if we have come to on incorrect conclusion. We trust you will correct any faulty information we have or conclusions we have reached.. . The Palm Desert. Redevelopment Agency (RDA) recently issued Staff Reports regarding the consideration of a Relocation Plan by Overland, Pacific & Cutler, Inc. and a Deconstruction and Recycling Plan -by Interactive Design'Corporation ("tDW) for -the Country Villarge' Senior Apartments located at 42465 Washington Street (noted in the reports tp 42-655 Washington Street and 42-555 Avenue of the States). Agency staff is requesting•epprovals on JanuarT24, 2668 in connection with the plans and oorresponding expenditures.: As noted in the Staff Report for January 24, 2008 related to Amendment No. 1 to the c:cit++tract with. IDC, the Agency had previously contracted with IDC to provide sarvic@s related to the exlsting Country Village Apartments site at 42-555 Washington Street, and the adjacent. • property to the south at 42-615 Washington Street. The Staff Report of January 24, 2008.- states t r. "On October*11, 2007, the Agency Board approved a contract with IDC to develop• a sctematic•slte plan for these properties to include Casey's Restedurant, a future fire station, and. an44ordable senior apartment project..." Also, related to the -above, we note the following activities: 1, Auaust 24. 240V •The Palm Desert RDA ratified Contract No.' R25600 for prctiressionai services by IDG to create a "Site Utilization and Configuration Study" In the amount of, V4,900 in. connection with the Country Village Apartments site 2. June 28.2007: The Palm Desert RDA approved Contract No. R26690 with 09*lantl, Pacific & cutler, Ino-in the.amount not to exceed $66,375 plus costs of up to $10,000 fbr:the preparation of a "Housing Replacement Plan and Relocation Plan" in cannechon•with the Country Village Apartments - , i 3. October 11.2007: The Palm Desert RDA approved Contract No. R24980A for professional services by IDC to provide "Schematic Design Services" involving Casey's T !:00MATC00CS\PCD0=279d19N Received Jan-24-00 11:42am From- To -CITY OF PALM DESERT Page 03 P-qEAN HI_. LW1 N E hEZ ac NGEL • v401F1II00AL LAW CD"I'ORArian Robert Hargreaves January 23, 2006 Page 3 Restaurant, *a future fire station, and an affordable senior apartment project", in the amount of $56,500 4. November 30.2007: This is the date of the document prepared for the Agency entitled "Relocation Plan for the Country Village Senior Apartments project" by Overland, Pacific & Cutler. Inc. 5. ,mart 24 2 : The Palm Desert RDA has placed on its agenda the approval of an amendment to Contract No. R24980A in the amount of $25,500 for professional services by Interactive•De'sign Corporation to provide a "Deconstruction and Recycling Plan" for the same site 6. January 24. 2008: The Palm Desert RDA has placed on its agenda the approval of a "Final Relocation Plan" by Overland, Pacific & Cutler, Inc. in connection with the relocation of'16�isting tenants from Country Village Apartments " As shown'above, there have been a serles'of Agency actions taking place over the'13agt' seventeen (771' months related to the redevelopment of e'larger'slte that liicludes 'the Country Village Apartments,' Casey's Restaurant & Bar and a future fire station. Expenditures .based on past and forthcoming approvals are significant: $183,275 -- above contracts $252.350 - estimated.relocation costs, for the existing CoLlntry Village• Apartment tenants, per the,November 30, 2007 Relocation plan ATS'825 N There has been written disclosure by the Agency that -these expenditures and approvals are. part. of a larger:plan'to redevelop,properties 10' 'Include Casey's Restaurant, a future fire station, and.an affordable'senior apartment project". However, there has been no corresponding environmental analysis as required by the'Califomia Environmental Quality Act CCE(ZA") of which we are aware..... I Based on -the ab'ove,we believe:' This is a "project", under CEQA - These are discretionary actions which cumulatively may result in physical changes to the anvironment - thereby necessitating CEQA review The Agency could be improneriv segm®ntlnq the elements of a larger redevelopment peojeet without environmental review ' ::oDMA1PCD0CSIPCD 0CS127941911 Received "`Jan-24-08 11:42am From- To -CITY OF PALM DESERT Page 04 PINSULLIVAN HILL LEWIN REZ & ENGEL ILSE 'A FRO/ir%)0IOAL LAW CONAOpAT,QW ' Robert Hargreaves January 23, 2008 Page 4 At a minimum, such a large project involving the redevelopment of Casey's Restaurant & Bar, a future fire station, and an affordable senior apartment project may have environmental impacts, including but not limited to: • land Use impacts (a bar open until midnight, and a fire station next to senior housing) • Noise impacts (a fire station with on -site fire alarms and truck alarms, adjacent to senior housing) • Construction -related impacts (demolition of Country Village Apartments including asbestos and lead paint disturbance and removal) • . Cumulative impacts These environmental impacts should be analyzed as part of CEQA review'by means of a Mitigated Negative Declaration or -an Environmental Impact ReporL However.'no documents' pertaining to CEQA or an Initial Study Checklist required. under CEQA nave been disclosed to the.Rublic. resulting ire our conclusion that CEQA review has not transpired. Lack of environmental review and/or segmentation of the redevelopment of a large project involving Casey's Restaurant & Bar, a future fire station, and on. affordable senior apartment project is improper and violates the requirements of CEQA. CEQA mandates: "...environmental considerations do not become submerged by chopping a large project into many little ones , each with a minimal potential impact. on the environment . which cumulatively may have disastrous consequences." As counsel for nearby property owner PDCC Development, we request that the Agency act expedltiously to initiate full CEQA review in connection with the redevelopment project involving Casey's Restaurant & Bar, a future fire station, and a new affordable senior apartment. project to be developed on the existing Country Village Apartments site. We further request that community meetings regarding this proposal be initiated immediately. Our client advises that numerous PDCC Club members who reside in the area, home owner association .representatives and Palm Desert County Club home owners with whom they have spoken.today are unaware of this proposed project other than the Agerida item and staff report. relating to tomorrow'a Agency meeting. PDCC Development was held to a pr6Oer and exacting standard of community communication and Involvement when it proposed its $13 Million Dollar country club renovation and redevelopment project. Such efforts resulted in a project that is an award winning asset to the community and has widespread community support: We ask that the Casey's Restaurant / fire station / Country Village Apartments project should be hold to the same community involvement standard. " ::0DMA%PCD0CS\PC0oCSW941 MI Received `'Jan-24-08 11:42am From- To -CITY OF PALL DESERT Page 05 USULLIVAN HILL .E L E WIN REZ & A N G E L •kerl�7�o w�� 4nw 900PURAT10N , Robert Hargreaves January 23, 2008 Page 5 until proper environmental analysis Is completed and certified, community awareness heightened and input received from the Palm desert Country Club community, the RDA should not take further actions regarding the Casey's Restaurant ! fire station / Country Village Apartments project. Very truly yours, SULLIVAN, HILL, LEWIN, REZ & ENGEL A Professional Law Corporation .. MCClmlc cc" Larry J. Kosmont Randy L. Case., Received Jan-24-06 11:42am Madrline Clark Cahill ::0DMA\PCD0CS1PCD0C8127941 M1 From- To -CITY OF PALM DESERT Page 06 . - FF r r- ;,, CIT1a' CL'FRK"S OFFICE P tk l.P� GES,E� 7 A TO: PALM DESERT CITY COUNCIL 29C8, JAN 24 PM 2: 57 FROM: BARBARA POWERS, 76918 KENTUCKY AVE, PALM DESERT, CA 9221 It PALM DESERT COUNTRY CLUB CITY COUNCIL AGENDA FOR JANUARY 24, 2008 REGARDING AGENDA ITEM VI.D "Request for Approval of 1-0 Amendment No. 1 fte Contract No. R24980A. Profession Design Services for Country Village Apartments at 42-555 Washington St and AGENDA ITEM IX.B "REQUEST FOR Approval of the Final Relocation Plan for the Country Club Village Apartment Project at 42-555 Washington." PLEASE DO NOT ACT ON THESE AGENDA ITEMS TODAY: The public has not received any details about this project planned for 42- 5 5 5 Washington Street. WE just found out about this project. Our Palm Desert Country Club Association was not Aware of this project. Our community has had no input to what this project represents. Please respect our commuity and come to us to discuss this project. Our Area 4 will not hold a meeting until March. The location of this project represents the primary point of entrance to our community. THAT IS WHY WE ARE CONCERNED. OUR AREA ALREADY IS SATURATED WITH LOW COST HOSING WE DO NOT WANT MORE LOW COST HOSING PALM DESERT COUNTRY CLUB HAS SPENT MILLIONS UPGRADING OUR AREA. THEY DIDN'T KNOW ABOUT THIS PROJECT EITHER. I THINK THERE NEEDS TO BE A STUDY ON HOW THIS PROJECT WILL EFFECT THE COMMUNITY. Where is the ENVIRONMENTAL REPORT? AGAIN, PLEASE COME TO OUR COMMUNITY FOR INPUT AND LET US HELP YOU DECIDE WHAT SHOULD BE PLACED IN OUR COMMUNITY. Sincerely, Barbara Powers cr,qc 3 of 3 THE FOLLOWING PEOPLE HAVE READ MY LETTER AND AGREE THAT OUR COMMUNITY SHOULD HAVE INPUT TO THIS PROJECT: z, AV -A 75 -0 A4 I r7 e- /7C- c70, -7 74 -7 7 jJ PALM DESERT COUNTRY CLUB C O M M I_ t N I T To Whom It May Concern: Good evening, my name is Karen Lyons and I live at 77065 New York Ave. in the Palm Desert Country Club Community. I am very concerned with tonight's Redevelopment Agency Meeting, specifically: Agenda Item VI. D. — "Request for Approval of Amendment No. 1 to Contract No. R24980A- Professional Design Services for Country Village Apartments at 42-555 Washington Street" and Agenda Item IX. B. — "Request for Approval of the Final Relocation Plan for the Country Club Village Apartment Project at 42-555 Washington Street." The public has received no notice as to the details of the project being planned at 42-555 Washington Street. The Agency admits in its staff reports and other public documentation that the project at this site will include affordable housing, yet the community has not been advised or engaged as to the details of this project. There has been no communication between the city and us! The location of this site is a crucial part of our community as it is our primary point of entrance; this is why we are so concerned. While I am here as an individual, this project would affect everyone in the immediate vicinity of Washington Street and Avenue of the States, including the HOA property. As an individual, I am here to say there should be no decision on these agenda items tonight. In fact, I think if you make a decision tonight you will be violating the California Environmental Quality Act (CEQA) because you have not provided environmental studies on what is clearly a project under CEQA. My community is simply asking to be a part of this process. The city has imparted a lot of affordable housing on our local community. Why should we accept more affordable housing and a reconstructed bar and restaurant as the best use for this site? If it is evaluated as the best use for the site, why not consult with us so that we may give you input on how this development should look, how the development may affect traffic and whether there is adequate aesthetic public improvements on Avenue of the States, which requires a significant upgrade. You should not be able to build this project without improving Avenue of the States. The Palm Desert County Club has recently improved a significant part of the community by investing over $13 million. All of us in the community have become very involved, especially since our golf course has been dramatically improved and has become an award winning facility. This community deserves to be a part of any plans, especially plans that address our major point of entry on Washington Street and Avenue of the States. The city has ignored us by not coming to the community with a workshop to discuss the plans and to discuss whether or not it is appropriate to add more affordable housing to a community that has gotten more than its fair share. We think you need to find other neighborhoods in Palm Desert in which to develop affordable housing, not just ours. We think you should help us plan our community instead of secretly moving forward on a project that has never been discussed, even though you have worked on it for 18 months. Please do not act on these agenda items tonight! Please respect our community and come to us to discuss this project, tell us what it's about, let us provide input, and certainly do not ignore CEQA as that would be a breach of your responsibility as civic leaders. PALM DESERT COUNTRY CLUB COIN1Ni I11NI'I-5'