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DBYBLOPIIB.r DBPARrIlB.r
OF rBB CITY OF lWI BDIWmIlIO
BOOBS! FOR ClMnSSIO./C01IltCIL ACTIO.
Froa :
Subject: RBBSrABLIfiIlftlU!U: OF
RBLOCArIo. APPBALS IlOAIID
lCERNBTII J. IlEBDERSON
Executive Director
Date:
June 9, 1992
Svnousis of Previous CnmmissionlCounci1/Caaaittee Action(s):
On November 15, 1982, the COllllll1Dlity Development COlDlllission adopted
Resolution No. 4405, approving a General Relocation Plan and
appointing a Relocation Appeals Board.
On June 4, 1992, the Redevelopment Committee approved an action to
recolDlllend the COlDlllunity Development Commission repeal Resolution No.
4405 and appoint new members to the Relocation Appeals Board pursuant
to the recolDlllendation of the Mayor and-approval of the Common Council.
Re...-......ed IIotion( s) :
(Caaaanitv Deve10u.....t Cnmmtssionl
IIlrIO. A
RESOLUTION OF rBB COMMUNITY DEVELOPMENT COMMISSION OF rBB
CITY OF SAN BEmwmIRO REPEALING SECTION 2 OF RESOLUTION
NO. 4405 REGARDING A RELOCATION APPEALS BOARD.
(IIotions Continued to .en Pqe...)
~strator
~
Executive Dire tor
Contact Person(s): Ken Henderson/Emilv WODI
Phone:
5081
Project Area(s): City Wide
Ward(s):
1-7
Supporting Data Attached:
Staff ReDort
FlJl'IDING REQUIREMENTS:
Amount: $ NIA
Source:
N/A
N/A
Budget Authority:
r--tssionlCnnn..t1 .otes:
KJH:EMW:1ag:0828E
COIIUSSIO. IlEBTIBG AGElIDA
Meeting Date: 06/15/19921
Agenda It_ :wu.ber: I
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UQUIS'l POI COIMISSIOII/COOlICIL ACTIO.
leestablillhaent of lelocation Appeals Board
J1D1e9,l992
Psae __ber -2-
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Recommended Motion(s} Continued:
(Mavor -d C--- C01D1cil)
ImTIO. B
That the Mayor appoint, subject to the approval of the
Common Council, a relocation Appeals Board consisting of
five (5) members, including individuals serving in
positions of the Deputy Director of the Development
Department, Development Department Adainiatrative
Services Manaser, Director of Planning and Building
Services, the Executive Officer of the San Bernardino
Board of Realtors, and a private citizen not currently
employed by the City or serving on any City Commission,
Committee or Ad Hoc body.
KJH:EMW:laa:0828B
COIMISSIO. 1IUY.lJIIj Acqn"
JIIeetiDa Date: 06/15/1991
AgeDda It_ lf1Eler: /
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DBVBLOPRB.r DBPARrRB.r
OF rBB CIn OF SAIl IlDlURDIIO
StiFF REPORT
Reestablishment of Relocation ADDeals Board
Pursuant to Section 33417.5 of the Health and Safety Code (and restated
in Chapter 2.31 of the Municipal Code), pertaining to the establishment
of a Relocation Appeals Board, the code states as follows,
"There is in each city, county or city and county
having an agency a relocation appeals board composed
of five (5) members appointed by the mayor of the
city or by the chairman of the board of supervisors
of the county, subject to to the approval of the
legislative body. Bach board shall promptly hear all
complaints brought by residents of the various
project areas relating to relocation and shall
determine if the redevelopment agency has complied
with the provisions of this chapter and where
applicable, federal regulations. The board shall,
after a public hearing, transmit its findings and
reco_endations to the agency. The members of the
relocation appeals board shall serve without
compensation, but each of the members shall be
reimbursed for his necessary expenses incurred in
performance of hiB duties, aB determined by the
legiBlative body."
All initial relocation deciBions or grievanceB will be appealed to the
Executive Director of the Development Department. In the event the
concerns are not reBolved at this level, they will be referred to a
Relocation Appeals BoardB. If, upon review and decision of the
Relocation Appeals Board, pursuant to Btate law, the complainant haB
exhausted all adainistrative avenues to resolve the grievance, the
complainant is then at liberty to seek relief in a court of law.
Experience haB Bhown that all but a few cases are resolved at the
Director appeal level.
The paBt Relocation Appeals Board, which was compriBed of the fourteen
(14) member Co_unity Development AdviBory Committee, has been inactive
for Bome time, primarily as a result of the Agency not sponsoring
projectB requiring relocation. The situation haB now changed aB
evidenced by the Rancon and Empire Bay projects in particular.
KJH:EMW:lag:0828B
COIIIISSIOI' IIKBTIlIG AmomA
ReetiD& Date: 06/15/l9:;~
Agenda Itsll __ber:
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DEVELOPIIIIIr DBP....--~I STAFF DPOIrl
Reeatabli8bllent of Relocation Appeal. Board
J1IIle 9, 1992
Paae w-ber -2-
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Earlier action by the Commission establishing the prior Board, now
defunct, should be repealed by the Commission. It i. both timely and
appropriate that the Commission establish an operationally functional
Relocation Appeals Board to address grievances and disputes raised by
displacees of the Redevelopment Agency.
In order to comply with Section 33417.5 and Chapter 2.31 of the Municipal
Code, staff recommends that the Community Development Commission adopt a
resolution authorizing the Mayor to reestablish and appoint a new
Relocation Appeals Board, subject to. the approval of the Common Council.
It is recommended the Board consist of five (5) members, including
individuals serving in positions of the Deputy Director of the
Development Department, Development Department Administrative Services
Maneger, Director of Planning and Building Services the EXecutive Officer
of the San Bernardino Board of Realtors, and a private citizen not
currently employed by the City or serving on any City Commission,
Committee or Ad Hoc body. The agreement to serve has been confirmed by
all proposed board .embers with the exception of the private citizen, yet
unidentified as of this writing.
Attached is the fora Resolution which repeals a previously adopted
Resolution not in harmony with the appropriate legislation. The Health
and Safety Code Section 33417.5 requires that such Relocation Appeals
Board be established by the City and the Municipal Code Chapter 2.31
effectively establishes that Board. At this point in time, the Mayor,
subject to the approval of the Common Council, needs to appoint the
actual Board Members.
Based upon the foregoing, staff recommends adoption of the attached
Resolution and the form motion.
~~, Bzecutive Director
Develo~t Departllellt
KJH:EMW:leg:0828E
COIIIISSIOB MBUDG AGBIDA
Meeting Date: 06/15/199i1
Agenda ltell lIumber:
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RESOLUTION NO.
RBSOLUTION OF THB COMMUNITY DBVBLOPMBN'l' COMMISSION OF '1'HB
CITY OF SAN BERNARDINO REPEALING SECTION 2 OF RBSOLUTION NO. 4405
REGARDING A RELOCATION APPEALS BOARD.
WHEREAS, by Resolution No. 4405 the Community Development
Commission approved a General Relocation Plan and established the
Community Development Citizens Advisory Committee as the official
Relocation Appeals Board, and
WHEREAS, Health and Safety Code 533417.5 requites that such
Relocation Appeals Board be established by the City, and be made
up of five (5) members appointed by the Mayor and approved by the
Common Council,
.,
NOW, THEREFORB, BE IT RESOLVED THAT SECTION 2 OF RESOLUTION
NO. 4405 IS HEREBY REPEALED.
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RESOLUTION OF THB COMMUNITY DEVELOPMENT COMMISSION OF 'l'IIB
CITY OF SAN BERNARDINO RBPEALING SECTION 2 OF RESOLUTION NO. 4405
REGARDING A RBLOCATION APPEALS BOARD.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Coanuni ty Development Commission of the City of San
Bernardino at a
meeting thereof, held on the
, 1992, by the following vote, to wit:
day of
Commission Members:
AYES
NAYS
ABSTAIN ABSEN'l'
ESTRADA
RBILLY
HBRNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
of
Secretary
The foregoing resolution is hereby approved this
, 1992.
day
Approved as to
form and legal content:
~~/
A ncy sel -
W. R. HOLCOMB, Chairman
Communi ty Development Commf ssion
of the City of San Bernardino
DAIl/.../Appea1-3.r..
2
Il87 7. 1993
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