HomeMy WebLinkAboutRES HA-08RESOLUTION 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
September , 1999.
AYES: Benson, Crites, Ferguson, Kelly, Spiegel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
23rd day of
(Vie9/1'
am•
Cha rma
- oS;4A7604.4CF
(,4;4 l Sh ila R. Gilligan, Secretary
990903 P6402-00001 rdh 1673951 0
- 3 -