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HomeMy WebLinkAboutRelocation Appeals Board Establishment PALM DESERT REDEVELOPMENT AGENCY MEMORANDUM • DATE: NOVEMBER 18, 1999 TO: CITY MANAGER,HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL EXECUTIVE DIRECTOR,HONORABLE CHAIRMAN AND MEMBERS OF REDEVELOPMENT AGENCY BOARD EXECUTIVE DIRECTOR,HONORABLE CHAIRMAN AND MEMBERS OF HOUSING AUTHORITY BOARD FROM: DAVE YRIGOYEN,REDEVELOPMENT MANAGER SUBJECT: RELOCATION APPEALS BOARD ESTABLISHMENT Recommendation: 1. That the City Council approve: a. Resolution No. 99- 104 a resolution of the City Council of the City of Palm Desert appointing the members of the Relocation Appeals Board and rescinding Resolution No. 99-86; b. Ordinance No. 926Aan ordinance of the City of Palm Desert,California,designating the Relocation Appeals Board to hear appeals from determinations of the City of Palm Desert and the Palm Desert Housing Authority; and c. Resolution No. 99105, a resolution of the City Council of the City of Palm Desert amending Resolution No. 99-85. 2. That the Agency Board approve Resolution No.383,a resolution of the Palm Desert Redevelopment Agency amending Resolution No. 380. 3. That the Housing Authority approve Resolution No.HA- 10,a resolution of the Commissioners of the Palm Desert Housing Authority Commission amending Resolution No.HA-8. Background: Public entities,including the City of Palm Desert,the Palm Desert Redevelopment Agency and the Palm Desert Housing Authority,must provide relocation assistance and make relocation payments to persons displaced as a result of programs or projects undertaken by the public entity. The City,Agency and Housing Authority,must provide assistance and make payments in accordance with Chapter 16 of Division 7 of Title 1 of the Government Code(the"Act"). The Act provides that public entities must adopt rules to implement payments and to administer relocation assistance under the Act. Such rules must be in accordance with the Relocation Assistance and Real Property Acquisition Guidelines(the "Guidelines")which were adopted by the Department of Housing and Community Development to implement the Act. The Act has been amended from time to time and the Guidelines were amended in 1997 to conform with changes in the Act. Section 33417.5 of the Community Redevelopment Law provides that in each city which has a redevelopment agency there exists a relocation appeals board. The relocation appeals board is composed of five members appointed by the Mayor, subject to the approval of the City Council. By its Resolution No. 99-86,the City Council previously appointed the five members of the City Council as the members of the Relocation Appeals Board. The attached Resolution No. 99-104rescinds Resolution No. 99-86 and appoints the five members of the Housing Authority as the members of the Relocation Appeals Board. Adoption of Resolution No.99104 will establish the Relocation Appeals Board. Pursuant to Section 33417.5 of the Community Redevelopment Law,the Relocation Appeals Board must hear all complaints brought by residents of the Agency's project areas and determine if the agency has complied with the provisions of the Community Redevelopment Law. As set forth in Resolution No99=104 the Relocation Appeals Board must conduct a public hearing whenever a complainant has made a written request for review and reconsideration pursuant to the Guidelines and shall transmit its findings and recommendations to the Agency. The Agency must then promptly issue to the complainant a final written decision based on the findings and recommendations of the Relocation Appeals Board. Once a Relocation Appeals Board has been established pursuant to the foregoing resolution,under the Guidelines the City Council may,by ordinance,designate that Relocation Appeals Board to hear appeals of all persons who make a written request for a formal review and reconsideration from determinations of the City or the Housing Authority as to eligibility,the amount of payment,or regarding the City's or Authority's actions with respect to referrals to comparable replacement housing or the City's or Authority's property management practices. The attached Ordinance No. 926Adesignates the Relocation Appeals Board,comprised of the members of the Housing Authority pursuant to the resolution described above,to hear appeals from determinations of the City and the Housing Authority. By its Resolution No. 99-85,the City Council previously approved the Guidelines,with certain modifications, as the City's relocation guidelines,with certain modifications,as the City's relocation guidelines. The attached Resolution No. 99-105 amends Resolution No. 99-85 by providing that the City Council designates the Housing Commission to review all staff recommendations regarding the City's denial or refusal to consider a claim and to 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 in the event the claimant requests formal review and reconsideration. Such review will be undertaken by the Relocation Appeals Board appointed pursuant to the City Council's Resolution No. 99105 • Pursuant to Section 33417.5 of the Community Redevelopment Law,the Relocation Appeals Board must hear all complaints brought by residents of the Agency's project areas and determine if the Agency has complied with the provisions of the Community Redevelopment Law. 2 • For Agency: By its Resolution No. 380,the Agency previously approved the Guidelines,with certain modifications, as the Agency's relocation guidelines. The attached Resolution No.383 amends Resolution No. 380 by providing that the Agency designates the Housing Commission to review all staff recommendations regarding the Agency's denial or refusal to consider a claim and to 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 in the event the claimant requests formal review and reconsideration. Such review will be undertaken by the Relocation Appeals Board appointed pursuant to the City Council's Resolution No. 99- 104 For Housing Authority: By its Resolution No.HA-8,the Authority previously approved the Guidelines,with certain modifications,as the Authority's relocation guidelines. The attached Resolution No.HA- 10 amends Resolution No.HA-8 by providing that the Authority designates the Housing Commission to review all staff recommendations regarding the Authority's denial or refusal to consider a claim and to 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 in the event the claimant requests formal review and reconsideration. Such review will be undertaken by the Relocation Appeals Board appointed pursuant to the City Council's Resolution No. 99- 104 REVIEWED ANDD CONCUR: Dave Y .goyen Redevelopment Manager Executive Director,RWA/HA mh City Manager Attachments CITY COUNCIL TION: APPROVED DENIED RECEIVED OTHER mEETI DATE � � AYES: q�'4Q'Y� fc-e NOES:, .i►nGinc. ABSENT: 1 Q) ABSTAIN: /N�f�rlL VERIFIED BY: o' II A..4, C Original on File with C y erk's Office MEETING DATE I I—) $—c0 0 CONTINUED TO 3 L -PASSED TO 2ND READING l 1-7'7 ORDINANCE NO. 926 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING THE RELOCATION APPEALS BOARD TO HEAR APPEALS FROM DETERMINATIONS OF THE CITY OF PALM DESERT AND THE PALM DESERT HOUSING AUTHORITY THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Health and Safety Code Section 33417 .5 provides that there is in each city having a redevelopment agency a relocation appeals board composed of five members appointed by the mayor of the city, subject to the approval of the legislative body. Section 2 . By prior resolution, the Mayor of the City of Palm Desert appointed the five members of the City Council of the City of Palm Desert as the members of the Relocation Appeals Board and the City Council approved such appointment . Section 3 . Pursuant to Section 6152 of the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations Section, commencing with Section 6000) , the City Council hereby designates the Relocation Appeals Board to hear appeals from determinations of the City of Palm Desert (the "City") and the Palm Desert Housing Authority (the "Authority") as to eligibility and the amount of payment, and appeals from persons aggrieved by the City' s or Authority' s failure to refer them to comparable permanent or adequate temporary replacement housing or the City' s or Authority' s property management practices. PASSED, APPROVED AND ADOPTED this day of September, 1999. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Sheila R. Gilligan, City Clerk 990826 P6402-00001 rdh 1673942 0 • . RESOLUTION NO. 99-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,APPOINTING THE MEMBERS OF THE RELOCATION APPEALS BOARD AND RESCINDING RESOLUTION NO. 99-86 THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES,RESOLVES AND ORDERS AS FOLLOWS: Section 1. Health and Safety Code Section 33417.5 provides that there is in each city having a redevelopment agency a relocation appeals board composed of five members appointed by the mayor of the city, subject to the approval of the legislative body. Section 2. The Mayor of the City of Palm Desert hereby appoints the five members of the Palm Desert Housing Authority Commission as the members of the Relocation Appeals Board. Section 3. The City Council hereby approves the appointment of the five members of the Palm Desert Housing Authority Commission as the members of the Relocation Appeals Board. Section 4. Pursuant to Health and Safety Code Section 33417.5, the Relocation Appeals Board shall promptly hear all complaints brought by residents of the various project areas of the Palm Desert Redevelopment Agency(the"Agency")relating to relocation and shall determine if the Agency has complied with the provisions of the Community Redevelopment Law(Health and Safety Code Section 33000,et sue.) and, where applicable, federal regulations. The Relocation Appeals Board shall conduct a public hearing whenever a complainant has made a written request for review and reconsideration pursuant to Section 6158 of the Title 25 of the California Code of Regulations and shall transmit its findings and recommendations to the Agency. The Agency will promptly issue to the complainant a final written decision based on the findings and recommendations of the Relocation Appeals Board. Section 5. The members of the Relocation Appeals Board shall serve without compensation, but each of the members shall be reimbursed for his or her necessary expenses incurred in performance of his or her duties, as determined by the City Council. Section 6. Resolution No. 99-86 of the City is hereby rescinded. PASSED,APPROVED, and ADOPTED by the City Council of the City of Palm Desert, this 18th day of November , 1999,by the following vote,to wit: AYES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAIN: None ROBERT A. SPIEGEL,MAYOR ATTEST: CITY CLERK RESOLUTION NO. 99- 105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING RESOLUTION NO. 99-85 THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES,RESOLVES AND ORDERS AS FOLLOWS: Section 1. The City Council of the City of Palm Desert,by its Resolution No. 99-85, adopted on September 23, 1999, approved and adopted relocation assistance and real property acquisition guidelines. Section 2. Section 4(e)of Resolution No. 99-85 is hereby amended to read as follows: "(e) The City Council hereby designates the Housing Commission to review all staff recommendations regarding the City's denial or refusal to consider a claim and to provide written notification to the claimant of the initial determination of the Housing Commission with respect to such claims,the reasons for the decision and the applicable procedures for obtaining review of the decision.. If necessary, such notification shall be printed in a language other than English in accordance with Section 6046 of the Guidelines. Whenever a complainant requests the City to provide the complainant with further written information,the Housing Commission shall provide an explanation of the Housing Commission's determination within three weeks of receipt of a request for further written information. Whenever a complainant seeks an opportunity for an informal oral presentation, such informal oral presentation shall be conducted by the head of the City or a designee other than the Housing Commission. Whenever further written information or an opportunity for an informal oral presentation has been provided, the City or its designee shall enter in the file of the matter any such written information and a summary of any oral presentation. In the event formal review and reconsideration is requested pursuant to Section 6158 of the Guidelines,the file shall be transmitted to the Relocation Appeals Board established pursuant to Health and Safety Code Section 33417.5 for its consideration in connection with formal review and reconsideration and the review shall be conducted by the Relocation Appeals Board in the manner and within the time frame set forth in Section 6158 of the Guidelines." • RESOLUTION NO. 99- 105 PASSED, APPROVED AND ADOPTED this 18th day of November, 1999. AYES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: Sheila R. Gilligan, City Clerk 2 RESOLUTION NO. 383 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY AMENDING RESOLUTION NO. 380 THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES,RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Palm Desert Redevelopment Agency, by its Resolution No. 380, adopted on September 23, 1999, approved and adopted relocation assistance and real property acquisition guidelines. Section 7. Section 4(e)of Resolution No. 380 is hereby amended to read as follows: "(e) The Agency hereby designates the Housing Commission to review all staff recommendations regarding the Agency's denial or refusal to consider a claim and to provide written notification to the claimant of the initial determination of the Housing Commission with respect to such claim, the reasons for the decision and the applicable procedures for obtaining review of the decision. If necessary, such notification shall be printed in a language other than English in accordance with Section 6046 of the Guidelines. Whenever a complainant requests the Agency to provide the complainant with further written information,the Housing Commission shall provide an explanation of the Housing Commission determination within three weeks of receipt of a request for further written information. Whenever a complainant seeks an opportunity for an informal oral presentation, such informal oral presentation shall be conducted by the head of the Agency or a designee other than the Housing Commission. Whenever further written information or an opportunity for an informal oral presentation has been provided, the Agency or its designee shall enter in the file of the matter any such written information and a summary of any oral presentation. In the event formal review and reconsideration is requested pursuant to Section 6158 of the Guidelines, the file shall be transmitted to the Relocation Appeals Board established pursuant to Health and Safety Code Section 33417.5 for its consideration in connection with formal review and reconsideration and the review shall be conducted by the Relocation Appeals Board in the manner and within the time frame set forth in Section 6158 of the Guidelines." PASSED,APPROVED, and ADOPTED by the City Council of the City of Palm Desert, this 18th day ofNovember , 1999,by the following vote,to wit: AYES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAIN: None CHAIRMAN ATTEST: SECRETARY RESOLUTION NO. HA-1° A RESOLUTION OF THE COMMISSIONERS OF THE PALM DESERT HOUSING AUTHORITY COMMISSION AMENDING RESOLUTION NO. HA-8 THE COMMISSIONERS OF THE PALM DESERT HOUSING AUTHORITY HEREBY FIND,DETERMINE,RESOLVE AND ORDER AS FOLLOWS: Section 1. The Palm Desert Housing Authority(the"Authority"),by its Resolution No. HA-8, adopted on September 23, 1999, approved and adopted relocation assistance and real property acquisition guidelines. Section 2. Section 4(e) of Resolution No. HA-8 is hereby amended to read as follows: "(e) The Authority hereby designates the Housing Advisory Committee to review all staff recommendations regarding the Authority's denial or refusal to consider a claim and to provide written notification to the claimant of the initial determination of the Housing Advisory Committee with respect to such claim, the reasons for the decision and the applicable procedures for obtaining review of the decision. If necessary, such notification shall be printed in a language other than English in accordance with Section 6046 of the Guidelines. Whenever a complainant requests the Authority to provide the complainant with further written information,the HousingAdvisoryCommittee shall provide an explanation of the Housing Commission's determination within three weeks of receipt of a request for further written information. Whenever a complainant seeks an opportunity for an informal oral presentation, such informal oral presentation shall be conducted by the head of the Authority or a designee other than the Housing Commission. Whenever further written information or an opportunity for an informal oral presentation has been provided,the Authority or its designee shall enter in the file of the matter any such written information and a summary of any oral presentation. In the event formal review and reconsideration is requested pursuant to Section 6158 of the Guidelines,the file shall be transmitted to the Relocation Appeals Board established pursuant to Health and Safety Code Section 33417.5 for its consideration in connection with formal review and reconsideration and the review shall be conducted by the Relocation Appeals Board in the manner and within the time frame set forth in Section 6158 of the Guidelines." RESOLUTION NO. HA- 10 PASSED, APPROVED AND ADOPTED this 18th day of November, 1999. AYES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAIN: None Chairman ATTEST: Sheila R. Gilligan, Secretary 2