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HomeMy WebLinkAboutRDA RES 380RESOLUTION 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 l. 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 Guidelines were the Act. The Act has been amended from time to time. amended in 1997 to conform with changes in 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 September , 1999. AYES: NOES: ABSENT: ABSTAIN ATTEST: Benson, Crites, Ferguson, Kelly, Spiegel None None None 23rd day of �� � � / ' �� , � �'��i -� — C--___ � ������'C1 -�Sheila R. Gilligan,Secretary 990826 P6402-00001 rdh 1673941 2 3