HomeMy WebLinkAboutCC RES 99-085RESOLUTION NO. 99-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT APPROVING AND ADOPTING RI:LOCATION ASSISTANCE AND
REAL PROPERTY ACQUISITION GUIDELINES
THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY
FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
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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,; �z�t.i.ti�s a:xz�..t�h�; development of regulations and
procedu�es impl�eme�n��irig the A�ct . Section 7267 . 8 of the Act
provide"� that all��pub1.,�,�.��er��ities must adopt rules and
regulations to implemen� payments and to administer relocation
assistance under the Act_;:•::�_•�uch rules and regulations must be in
accordance-with the Guide�lines. 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
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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.
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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:
NOES:
ABSENT:
Benson, Crites, Ferguson, Kelly, Spiegel
None
None
ABSTAIN : None
ATTEST:
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AMENDED
BY RESOLUTIOiV #.C.l�:!�.
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D�TED: _.I� �..� 4.._.4 .................
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