Loading...
HomeMy WebLinkAboutRelocation Assistance and Real Property Acquisition Guidelines PALM DESERT REDEVELOPMENT AGENCY MEMORANDUM DATE: SEPTEMBER 23, 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 THE HOUSING AUTHORITY BOARD FROM: DAVE YRIGOYEN, REDEVELOPMENT MANAGER SUBJECT: RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES Recommendation: That the City Council, Agency Board and Housing Authority Board, by minute motion, adopt: 1. Resolution No. 99- 85 , a Resolution of the City Council of the City of Palm Desert approving and adopting Relocation Assistance and Real Property Acquisition Guidelines; 2. Resolution No. 99- 86 , a Resolution of the City Council of the City of Palm Desert appointing the members of the Relocation Appeals Board; and 3. 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. 4. Resolution No. 380, a Resolution of the Palm Desert Redevelopment Agency approving and adopting Relocation Assistance and Real Property Acquisition Method and Guidelines; 5. Resolution No. HA-8 , a Resolution of the Commissioners of the Palm Desert Housing Authority approving and adopting Relocation Assistance and Real Property Acquisition Guidelines. 990914 P6402-00001 rdh 1674010 0 \ T 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 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. 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 the Agency has complied with the provisions of the Community Redevelopment Law. In addition, the Guidelines provide that, by ordinance, the City Council may designate the relocation appeals board to hear appeals from determinations of the City and the Housing 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 replacement housing or the City's or Authority's property management practices. The attached "A Resolution of the City Council of the City of Palm Desert Approving and Adopting Relocation Assistance and Real Property Acquisition Guidelines" adopts the Guidelines as the City's rules to implement payments and to administer relocation assistance under the Act. The resolution provides that if the Act or Guidelines are subsequently amended, the City's rules will automatically be amended to be consistent with the amended Act and Guidelines. The Resolution also provides that the relocation appeals board will hear any appeals. The attached "A Resolution of the City Council of the City of Palm Desert Appointing the Members of the Relocation Appeals Board" appoints the five members of the City Council as the members of the relocation appeals board. 990914 P6402-00001 rdh 1674010 0 2 r The attached "An Ordinance of the City of Palm Desert, California, Designating the Relocation Appeals Board to Hear Appeals form Determinations of the City of Palm Desert and the Palm Desert Housing Authority" designates the relocation appeals board to hear appeals from the determinations of the City and the Authority. The attached "A Resolution of the Palm Desert Redevelopment Agency Approving and Adopting Relocation Assistance and Real Property Acquisition Method and Guidelines" adopts the Guidelines as the Agency's rules to implement payments and to administer relocation assistance under the Act. The resolution provides that if the Act or Guidelines are subsequently amended, the Agency's rules will automatically be amended to be consistent with the amended Act and Guidelines. The Resolution provides that the relocation appeals board will hear any appeals. By separate action, the City Council appointed the members of the City Council as the members of the relocation appeals board. The attached "A Resolution of the Palm Desert Housing Authority Approving and Adopting Relocation Assistance and Real Property Acquisition Guidelines" adopts the Guidelines as the Authority's rules to implement payments and to administer relocation assistance under the Act. The resolution provides that if the Act or Guidelines are subsequently amended, the Authority's rules will automatically be amended to be consistent with the amended Act and Guidelines. The Resolution provides that the relocation appeals board will hear any appeals. By separate actions, the City Council appointed the members of the City Council as the members of the relocation appeals board and designated the appeals board to hear appeals from determinations of the Authority. REVIEWED AND CONCUR: �_.. Dave Yri;,% en Redev:pment Manager City Manager mh Attachme s (as noted) Executive Director BY RDA RDA and Housing Authority ON 1 VERIFIED BY CITY COUNCIL,ACTION: APPROVED DENIED Original on file wi PEC IV.D,�,'"_A"'.�,`. _ OTHER - th City Clerk's Office tt'_v��asNM.'a A6taVZ lazrs1s .R y.n 'r—eaa..�JA�as �� AYES: P1 BY HOUSG AUTH NOES:�.� :�. .� . _ _�? ABSENT: AA.-9'vkSU ON ABSTAIN: i►,��1.�k_ VERIFIED BY: VERIFIED BY: ..�,, Original on File with C 4y lerk s Office Original on9file4wit14 Ole 4 s'Office - 3 - RESOLUTION NO. 99-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING AND ADOPTING RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS : Section 1 . The City of Palm Desert must provide relocation assistance and must make all of the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code (the "Act" ) , including the making of such payments financed by the federal government . Section 7272 . 3 of the Act provides that the Act shall not be construed to limit any other authority which the City may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by the Act . Section 2 . The Department of Housing and Community Development has adopted Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations Section, commencing with Section 6000) (the "Guidelines" ) in order to implement and interpret the Act and to assist public entities in the development of regulations and procedures implementing the Act . Section 7267 . 8 of the Act provides that all public entities must adopt rules and regulations to implement payments and to administer relocation assistance under the Act . Such rules and regulations must be in accordance with the Guidelines . Section 6006 of the Guidelines provides that such rules and regulations may prescribe additional procedures and requirements that are appropriate to the particular activities of the City and not inconsistent with the Act . Section 3 . The Act has been amended from time to time . The Guidelines were amended in 1997 to conform with changes in the Act . Section 4 . The City Council desires to provide relocation assistance and to make payments in accordance with the Act and the Guidelines . Further, the City Council desires to encourage and expedite acquisition by agreements with property 990902 P6402-00001 rdh 1673948 0 RESOLUTION NO. 99-85 owners and desires to minimize litigation and relieve congestion in the courts . Based on the foregoing, the City Council hereby approves and adopts the Guidelines, on file in the office of the City Clerk and incorporated herein by reference, as its rules and regulations to implement payments and to administer relocation assistance under the Act, subject to the following: (a) If the Act or the Guidelines are amended subsequent to the adoption of this Resolution, the City' s rules and regulations are automatically amended to be consistent with the Act and the Guidelines, as amended. (b) Any reference in the Guidelines to "public entity" shall apply to the City unless the context requires otherwise . (c) Any reference in the Guidelines to the "head of the public entity" shall be deemed to be a reference to the City Manager of the City or an impartial designee of the City Manager. (d) In accordance with Section 6032 of the Guidelines, the City will provide relocation advisory assistance. The relocation advisory assistance will satisfy the requirements of Section 6040 of the Guidelines and be provided in accordance with the provisions of Article 2 of the Guidelines . (e) In the event formal review and reconsideration is requested pursuant to Section 6158 of the Guidelines, the review shall be conducted by the relocation appeals board established pursuant to Health and Safety Code Section 33417 . 5, which relocation appeals board shall proceed with respect to any appeal in the manner and within the time frame set forth in Section 6158 of the Guidelines . (f) In addition to making the payments required by the Act and the Guidelines, the City may make any additional relocation payments which in the City Council ' s opinion may be reasonably necessary under the circumstances of the particular case to carry out the City' s purposes and to further the goals of the City set forth herein. 990902 P6402-00001 rdh 1673948 0 - 2 - RESOLUTION NO. 99-85 Section 5 . Any prior rules and regulations required to implement payments and to administer relocation assistance under the Act prepared, approved or adopted by the City Council are hereby superseded by the rules and regulations approved and adopted by this Resolution, provided that the rules and regulations approved and adopted by this Resolution shall not be construed to retroactively apply to actions undertaken by the • City prior to the effective date of this Resolution. PASSED, APPROVED AND ADOPTED this 23rd day of September , 1999 . AYES : Benson, Crites, Ferguson, Kelly, Spiegel NOES : None ABSENT: None ABSTAIN: None Mayor ATTEST: Sheila R. Gilligan, City Clerk 990902 P6402-00001 rdh 1673948 0 3 lir. RESOLUTION NO. HA-8 A RESOLUTION OF THE COMMISSIONERS OF THE PALM DESERT HOUSING AUTHORITY APPROVING AND ADOPTING RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES THE COMMISSIONERS OF THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS : • Section 1 . The Palm Desert Housing Authority (the "Authority" ) must provide relocation assistance and must make all of the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code (the "Act" ) , including the making of such payments financed by the federal government . Section 7272 . 3 of the Act provides that the Act shall not be construed to limit any other authority which the Authority may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by the Act . Section 2 . The Department of Housing and Community Development has adopted Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations Section, commencing with Section 6000) (the "Guidelines" ) in order to implement and interpret the Act and to assist public entities in the development of regulations and procedures implementing the Act . Section 7267 . 8 of the Act provides that all public entities must adopt rules and regulations to implement payments and to administer relocation assistance under the Act . Such rules and regulations must be in accordance with the Guidelines . Section 6006 of the Guidelines provides that such rules and regulations may prescribe additional procedures and requirements that are appropriate to the particular activities of the Authority and not inconsistent with the Act . Section 3 . The Act has been amended from time to time . The Guidelines were amended in 1997 to conform with changes in the Act . Section 4 . The Authority desires to provide relocation assistance and to make payments in accordance with the Act and the Guidelines . Further, the Commissioners desire to encourage 990903 P6402-00001 rdh 1673951 0 RESOLUTION NO. HA- 8 and expedite acquisition by agreements with property owners and desires to minimize litigation and relieve congestion in the courts . Based on the foregoing, the Authority hereby approves and adopts the Guidelines, on file in the office of the Secretary of the Authority and incorporated herein by reference, as its rules and regulations to implement payments and to administer relocation assistance under the Act, subject to the following: (a) If the Act or the Guidelines are amended subsequent to the adoption of this Resolution, the Authority' s rules and regulations are automatically amended to be consistent with the Act and the Guidelines, as amended. (b) Any reference in the Guidelines to "public entity" shall apply to the Authority unless the context requires otherwise . (c) Any reference in the Guidelines to the "head of the public entity" shall be deemed to be a reference to the Chairman of the Authority or an impartial designee of the Chairman. (d) In accordance with Section 6032 of the Guidelines, the Authority will provide relocation advisory assistance . The relocation advisory assistance will satisfy the requirements of Section 6040 of the Guidelines and be provided in accordance with the provisions of Article 2 of the Guidelines . (e) In the event formal review and reconsideration is requested pursuant to Section 6158 of the Guidelines, the review shall be conducted by the relocation appeals board established pursuant to Health and Safety Code Section 33417 . 5, which relocation appeals board shall proceed with respect to any appeal in the manner and within the time frame set forth in Section 6158 of the Guidelines . (f) In addition to making the payments required by the Act and the Guidelines, the Authority may make any additional relocation payments which in the Commissioner' s opinion may be reasonably necessary under the circumstances of the particular case to carry out the Authority' s purposes and to further the goals of the Authority set forth herein. 990903 P6402-00001 rdh 1673951 0 2 - RESOLUTION NO. HA- 8 Section 5 . Any prior rules and regulations required to implement payments and to administer relocation assistance under the Act prepared, approved or adopted by the Commissioners are hereby superseded by the rules and regulations approved and adopted by this Resolution, provided that the rules and regulations approved and adopted by this Resolution shall not be construed to retroactively apply to actions undertaken by the Authority prior to the effective date of this Resolution. PASSED, APPROVED AND ADOPTED this 23rd day of September , 1999 . AYES : Benson, Crites, Ferguson, Kelly, Spiegel NOES : None ABSENT: None ABSTAIN: None Chairman ATTEST: Sheila R. Gilligan, Secretary 990903 P6402-00001 rdh 1673951 0 - 3 - RESOLUTION NO. 380 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING AND ADOPTING RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION METHOD AND GUIDELINES THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS : Section 1 . Pursuant to Health and Safety Code Section 33415, the Agency must provide relocation assistance and must • make all of the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code (the "Act" ) , including the making of such payments financed by the federal government . Health and Safety Code Section 33415 and Section 7272 . 3 of the Act provide that Section 33415 and the Act, respectively, shall not be construed to limit any other authority which the Agency may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by the Act . Section 2 . The Department of Housing and Community Development has adopted Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations Section, commencing with Section 6000) (the "Guidelines" ) in order to implement and interpret the Act and to assist public entities in the development of regulations and procedures implementing the Act . Section 7267 . 8 of the Act provides that all public entities must adopt rules and regulations to implement payments and to administer relocation assistance under the Act . Such rules and regulations must be in accordance with the Guidelines . Section 6006 of the Guidelines provides that such rules and regulations may prescribe additional procedures and requirements that are appropriate to the particular activities of the Agency and not inconsistent with the Act . Section 3 . The Act has been amended from time to time . The Guidelines were amended in 1997 to conform with changes in the Act . Section 4 . The Agency desires to provide relocation assistance and to make payments with respect to the Agency Project Areas in accordance with the Act and the Guidelines . 990826 P6402-00001 rdh 1673941 2 RESOLUTION NO. 380 Further, the Agency desires to encourage and expedite acquisition by agreements with property owners and desires to minimize litigation and relieve congestion in the courts . Based on the foregoing, the Agency hereby approves and adopts the Guidelines, on file in the office of the Agency Secretary and incorporated herein by reference, as its method for relocation required pursuant to Health and Safety Code Section 33411 and as its rules and regulations to implement payments and to administer relocation assistance under the Act, subject to the following: (a) If the Act or the Guidelines are amended subsequent to the adoption of this Resolution, the Agency' s method and rules and regulations are automatically amended to be consistent with the Act and the Guidelines, as amended. (b) Any reference in the Guidelines to "public entity" shall apply to the Agency unless the context requires otherwise . (c) Any reference in the Guidelines to the "head of the public entity" shall be deemed to be a reference to the Executive Director of the Agency or an impartial designee of the Executive Director. (d) In accordance with Section 6032 of the Guidelines, the Agency will provide relocation advisory assistance . The relocation advisory assistance will satisfy the requirements of Section 6040 of the Guidelines and be provided in accordance with the provisions of Article 2 of the Guidelines . (e) In the event formal review and reconsideration is requested pursuant to Section 6158 of the Guidelines, the review shall be conducted by the relocation appeals board established pursuant to Health and Safety Code Section 33417 . 5, which relocation appeals board shall proceed with respect to any appeal in the manner and within the time frame set forth in Section 6158 of the Guidelines . (f) No persons or families of low or moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement . Such housing units shall be suitable to the needs of such displaced persons or families and shall be decent, safe, 990826 P6402-00001 rdh 1673941 2 2 • RESOLUTION NO. 380 sanitary, and otherwise standard dwellings . The Agency shall not displace such persons or families until such housing units are available and ready for occupancy. (g) In addition to making the payments required by the Act and the Guidelines, the Agency may make any additional relocation payments which in the Agency' s opinion may be reasonably necessary under the circumstances of the particular case to carry out the purposes of redevelopment and to further the goals of the Agency set forth herein. Section 5 . Resolution No. 90 of the Agency, including all amendments and modifications thereto, and any other prior method or plan required pursuant to Health and Safety Code Section 33411 and any prior rules and regulations required to implement payments and to administer relocation assistance under the Act prepared, approved or adopted are hereby superseded by the method and rules and regulations approved and adopted by this Resolution, provided that the method and rules and regulations approved and adopted by this Resolution shall not be construed to retroactively apply to actions undertaken by the Agency prior to the effective date of this Resolution. PASSED, APPROVED AND ADOPTED this 23rd day of September , 1999 . AYES : Benson, Crites, Ferguson, Kelly, Spiegel NOES : None ABSENT: None ABSTAIN: None Chairman ATTEST: Sheila R. Gilligan, Secretary 990826 P6402-00001 rdh 1673941 2 3 RESOLUTION NO. 99-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPOINTING THE MEMBERS OF THE RELOCATION APPEALS BOARD 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 City Council of the City of Palm Desert as the members of the Relocation Appeals Board. Section 3 . The City Council hereby approves the appointment of the five members of the City Council of the City of Palm Desert 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 sec. ) and, where applicable, federal regulations . The Relocation Appeals Board, shall, after a public hearing, transmit its findings and recommendations to the Agency. 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 990913 P6402-00001 rdh 1674008 0 RESOLUTION NO. 99-86 performance of his or her duties, as determined by the City Council . PASSED, APPROVED AND ADOPTED this 23rd day of September 1999 . AYES : Benson, Crites, Ferguson, Kelly, Spiegel NOES : None ABSENT: None ABSTAIN: None Mayor ATTEST: Sheila R. Gilligan, City Clerk 990913 P6402-00001 rdh 1674008 0 2