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HomeMy WebLinkAbout94-56 1 2 3 4 6 7 8 9 10 11 12 13 14 1,5 16 17 18 19 20 21 22 23 24 2,5 26 27 28 RESOLUTION NO. 94-56 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE RELOCATION APPEALS BOARD OF THE UKIAH REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of Ukiah adopted December, 1989, establishing the Ukiah Redevelapment Agency; and WHEREAS, the Ukiah Redevelopment Agency is required to comply with all state and federal relocation regulations including Article 9, Section 33417.5 of the Community Redevelopment Law; and WHEREAS, Section 33417.5 requires the establishment of a Relocation Appeals Board for the purpose of conducting public hearings to review grievances brought by residents relating to relocation; and WHEREAS, the Relocation Appeals Board is required to consist of five (5) members appointed by the Mayor, and who shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah does hereby establish a Relocation Appeals Baard, consisting of five members of the following representation: two (2) representatives from the Ukiah Redevelopment Agency's Low and Moderate Income Housing Advisory Committee; two (2) members of the City Council/Redevelopment Agency; and one (1) member shall be the City Manager/Executive Director or designate; BE IT FURTHER RESOLVED that the initial membership shall consist of the following persons: Low and Moderate Income Housing 1. Advisory Committee Members 2. 3. City Council Members Gary Mirata Gertrude Warner Kathy Brigham 4. Richard Shoemaker 5. Jim Mastin Members shall serve for a term of two (2) years or until their term as a Low and Moderate Income Housing Advisory Committee members, or City Councilmember, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 whichever occurs first. The Board shall adopt such rules of procedure, not inconsistent with the provisions of Exhibit A, as it deems necessary and appropriate. The Redevelopment Agency shall fill any vacancy resulting from death, resignation, or removal for cause, by appointing a replacement to serve for a full two-year term from the date of appointment. The Redevelopment Agency may remove a member for failure to attend a meeting without prior consent of the Board or good cause or for other neglect of duty or misconduct. BE IT FURTHER RESOLVED that the procedures for an appeal to the Relocation Appeals Board by a resident shall be conducted according to Title 25 of the California Code of Regulations, sections 6150 through 6176, which are attached hereto as Exhibit A and adopted herein by reference. PASSED AND ADOPTED this 1st day of June, 1994, by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: None. (~,.¢.tfty- M c K?,'City Cie r kJ R:4:Res Appeal Fred Schn~it~, Mayor CONTINUATION SHIET FOR FILING ADMINSTRAI'IVE REGULATIONS WITH THE SECRETARY OF STATE (Puriuont to G~vernmsnt C~de .,~=a 11380.1) 6132. Housing Production. The head of the displacing public entity shall monitor-'~"~he ~roduction of the"last resort housing to ensure that it is in accordance with the plan. 6134. Jointly Sponsored Development. Where several agencies are adminis- tering programs resulting in residental displacement, opportunities shall be sought for joint development and financing to aggregate resources in order most efficiently to provide replacement housing in sufficient quantity to satisfy the aggregate needs of such progran~. 4136. Last Resort Housinq In Lieu of Payments. A public entity shall not require a displaced person to accept a dwelling provided pursuant to this Article in lieu of the displaced person's acquisition payment, if any, for the real property from which he is displaced or the relocation payments for which he may be eligible. 6138. ~onformity with the Act and Other Statutes~ Policies and Proce- dure~. (al Civil Rights and Other Acts. The administration of this Article shall be in accord with the provisions of the Unruh Civil Rights Act (Civil Code, Sections 51 et seq.), the Rumford Act (Health and Safety Code, Section 35700 et seq.}, Section 1 of the Civil Rights Act of 1866 (42 U.S.C. 1982), Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Environmental Quality Act of 1970 {Public Resources Code, Section 21100 et seq.) and regulations issued pursuant thereto. (b} Dwelling and Relocation Standards. Determinations made pursuant to section 6122 and any plan developed and implemented for providing replacement housing and all such housing provided thereunder shall be in conformity with the standards established in the Act and Guidelines. Article 5. Grievance Procedures. 6150. Purpose. The purpose of this article is to set forth guide- line~ for processing appeals from public entity determinations as to eligi- bility, the amount of payment, and for processing appeals from persons aggrieved by a public entity's failure to refer them to comparable permanent or adequate temporary replacement housing. Public entities shall establish procedures to implement the provisions of this Article. 6152. Rt~ht of Review. (al Any complainant, that is any person who believes himself aggrieved by a determination as to eligibility, the amount of payment, the failure of the public entity to provide comparable permanent or adequate temporary replacement housing or the public entity's property management practices may, at his election, have his claim reviewed and re- considered by the head of the public entity or an authorized designee {other than the person who made the determination in question) in accordance with the procedures set forth in this article, as supplemented by the procedures the public entity shall establish for such review and reconsideration. -36 ................ A CONTINUATION SHIET FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (Pv~uant to G~vernmefl~ Code Se~on 11380.1) (b) A person or organization directly affected by the relocation plan may petition the department to review the final relocation plan of a public entity to determine if the plan is in compliance with state laws and guidelines or review the implementation of a relocation plan to determine if the public entity is acting in compliance with its relocation plan. Review undertaken by the department under this section may be informal or may follow the pro- cedures outlined in Government Code, Sections 11180 et seq. Before conducting an investigation under the Government Code sections, the department should attempt to constrain disputes between parties. Failure to petition the department shall not limit a complainant's right to seek judicial review. {c) If a relocation appeals board has been established pursuant to Section 33417.5 of the Health and Safety Code, a city by ordinance may desig- nate the board to hear appeals from local public entities which do not have an appeal process. .In the absence of such an ordinance, public entities shall establish procedures to implement the provisions of this Article. 6154. Ngtification to Conl~lainant. If the public entity denies or refuses to consider a claim, the public entity's notification to the complain- ant of its determination shall inform the complainant of its reasons 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. 6156. Stages of Review by a Public Entity. (a} Request for Further Written Information. A complainant may request the public entity to provide him with a full written explanation of its determination and the basis there- fore, if he feels that the explanation accompanying the payment of the claim or notice of the entity's detemination was incorrect or inadequate. The public entity shall provide such an explanation to the complainant within three weeks of its receipt of his request. (b} Informal Oral Presentation. A complainant may request an informal oral presentation before seeking formal review and reconsideration. A request for an informal oral presentation shall be filed within the period described in subsection {d) of this section, and within 15 days of the request the public entity shall afford the complainant the opportunity to make such presentation. The complainant may be represented by an attorney or other person of his choosing. This oral presentation shall enable the complainant to discuss the claim with the head of the public entity or a designee {other than the person who made the initial determination} having authority to revise the initial determination on the claim. The public entity shall make a summary of the matters discussed in the oral presentation to be included as part of its file. The right to formal review and reconsideration shall not be conditioned upon requesting an oral presentation. {c) Written Request for Review and Reconsideration. At any time within the period described in subsection (d) a complainant may file a written request for formal review and reconsideration. The complainant may include in the request for review any statement of fact within the complainant's knowledge or belief or other material which may have a bearing on the appeal. If the complainant requests more time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis therefor, the complainant's request should be granted. CONTINUATION SHEET FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (Pursuam' lo C,~,~,'nmen~ Code Sic/~on 11380.1 ) (d) Time Limit for Requesting Review. A complainant desiring either an informal oral presentation or seeking a formal review and reconsideration shall make a request to the public entity within eighteen months following the date he moves from the property or the date he receives final compensation for the property, whichever is later. 6158. Formal Review and Reconsideration by the Public Entity. (a) General. ll~e p~blic entity shall consider the request for review and small decide whether a modification of its initial determination is necessary. This review shall be conducted by the head of the public entity or an authorized, impartial designee. (The designee may be a coninittee). A designee shall have the authority to revise the initial determination or the determination of a previous oral presentation. The public entity shall consider every aggrieved person's complaint regardless of form, and shall, if necessary provide assistance to the claimant in preparing the written claim. When a claimant seeks review, the public entity shall inform him that he has the right to be represented by an attorney, to present his case by oral or documentary evidence, to Submit rebuttal evidence, to conduct such cross-examination as may be required for a full and true disclosure of facts, and to seek judicial review once he has exhausted administrative appeal. {b} Scope of Review. The public entity shall review and reconsider its initial determination of the claimant's case in light of: {1) All material upon which the public agency based its original determination including all applicable rules and regulations, except that no evidence shall be relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross-examine the witness. (2) The reasons given by the claimant for requesting review and reconsideration of the claim. {3) Any additional written or relevant documentary material sub- mitted by the claimant. (4) Any further information which the public entity in its dis- cretion, obtains by request, investigation, or research, to ensure fair and full review of the claim. " (c) Determination on Review by Public Entity. {1} The determination on review by the public entity shall include, but is not limited to: (A) The public entity's decision on reconsideration of the claim. (B) The factual and legal basis upon which the decision rests, including any pertinent explanation or rationale. (C) A statement to the claimant of the right to further admin- istrative appeal, if the public entity has such an appeal structure, or if not, a statement to the claimant that administrative remedies have been exhausted and judicial review may be sought. {2) The determination shall be in writing with a copy provided to the claimant. {d} Time Limits. (1) The public entity shall issue its determination of review as soon as possible but no later than 6 weeks from receipt of the last ma- terial submitted for consideration by the claimant or the date of the hearing, whichever is later. CONTINUATION SHEET FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETAR'° OF STATE (Pursuont to Gave~nment Code Set, on ~ 1380.1) (2) In the case of complaints dismissed for untimeliness or for any other reason not based on the merits of the claim, the public entity shall furnish a written statement to the claimant stating the reason for the dismissal of the claim as soon as possible but no later than 2 weeks from receipt of the last material submitted by the claimant or the date of the hearing, whichever is later. 6160. Refusals to Waive Time Limitation. Whenever a public entity rejects a request by a claimant for a waiver of the time limits provided in section 6088, a claimant may file a written request for review of this decision in accordance with the procedures set forth in sections 6156 and 6158, except that such written request for review shall be filed within 90 days of the claimant's receipt of the public entity's determination. 6162. Extension of Time Limits. The time limits specified in section 6156 may be extended for good cause by the public entity. 6164. Reco~nendations by Third Party. Upon agreement between the claimant and the public entity, a mutually acceptable third party or parties may review the claim and make advisory recon~endations thereon to the head of the public entity for its final determination. In reviewing the claim and making recon~nendation~ to the public entity, the third party or parties shall be guided by the provisions of this ArticTe. 6166. Review of Files by Claimant. Except to the extent the confiden- tiality of material is protected by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect all files and re- cords bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly denied access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination. 6168. Effect of Determination on Other Persons. The principles estab- lished in all determinations by a public entity shall be~onsidered as prece- dent for all eligible persons in similar situations regardless of whether or not a person has filed a written request for review. All written determina- tions shall be kept on file and available for public review. 6170. Right to Counsel. Any aggrieved party has a right to representa- tion~-]'egal ~r other counsel at his expense at any and all stages of the pro- ceedings set forth in these sections. 6172. Stay of Displacement Pendinq Review. If a complainant seeks to prevent displacement, the public entity shall not require the complainant to move until at least 20 days after it has made a determination and the com- plainant has had an opportunity to seek judicial review. In all cases the public entity shall notify the complainant in writing 20 days prior to the proposed new date of displacement. CONTINUATION SHEET FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATIr (Pur~uo.t to C,~.ment Cc~e S~'~ion 11380.1 ) 6174. Joint Complainant}. Where ~re than one person is aggrieved by the f~re of the puDlic entity to refer them to comparable permanent or adequate temporary replacement housing the co~olainants may join in filing a single written request for review. A determination shall be made by the public entity for each of the complainants. 6176. Judicial Review. Nothing in this Article shall in any way preclude or limit a claimant from seeking judicial review of a claim upon exhaustion of such administrative remedies as are available under this Article. Article 6. Acquisition Policies 6180. Purpose. The purpose of this Article is to set forth the practices to be~low~ respect to acquisition of real property by a public entity. Public entities shall, to the greatest extent practicable, be guided by these practices. 6182. Acquisition. (al A public entity shall make every reasonable effort to acquire property by negotiation and to do so expeditiously. (b) Before negotiations are initiated (see subsection 6008(n)) a public entity shall: {1) Have the property appraised, giving the owner or his represen- tative designated in writing an opportunity, by reasonable advance written notice, to accon~any the appraiser during the inspection of the property; (2) If the owner of real property is also the owner of a business conducted on the real property to be acquired or on the remainder, inform him of his possible right to compensation for loss of goodwill. The public entity should include a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure Sections 1230.010 et seq.). {3) Establish an amount it believes to be just...compensation for the property, which amount shall, in no event, be less than the public entity's approved appraisal of the fair market value of the property as improved. (c) The determination of just compensation shall be based upon considera- tion of: {1) ne real property being acquired; (2) Where the real property acquired is part of a larger parcel, the injury, if any, to the remainder; and (3) Loss of goodwill, where the owner of the real property is also the owner of a business conducted upon the property to be acquired or on the remainder and where the provisions of the Eminent Domain Law pertaining to compensation for loss of goodwill are satisfied. Goodwill consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage. -40 ................ ~