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RESOLUTION (ID # 4643) DOC ID: 4643 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Conveyance of Property
From: Mark Scott M/CC Meeting Date: 09/19/2016
Prepared by: Lisa Connor, (909) 663-
1044
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
Rules and Regulations for Relocation Assistance Consistent with Applicable State and
Federal Laws for Persons And/Or Businesses Displaced by a City Project and
Approving Certain Related Actions (#4643)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Approval of the Resolution will not cause any immediate fiscal impact. However, as the
need arises with respect to an occasion wherein the relocation of persons and/or
businesses in connection with a City Project is required, relocation payments/costs will
occur in accordance with the provisions of the City Relocation Guidelines, which are
consistent with applicable federal and state laws.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
From time-to-time a City-sponsored capital improvement project or other similar project,
program or activity (the "City Project") that may require the displacement of persons
and/or businesses from lands, buildings, or right-of-way occupied or used by such
persons and/or businesses. It has been the City's past practice to follow applicable
state and federal laws when a City Project caused the displacement of persons and/or
businesses. It is necessary that the City adopt City rules and regulations for relocation
assistance consistent with applicable state and federal laws for persons and/or
businesses displaced by a City Project (the "City Relocation Guidelines").
The purpose of the City Relocation Guidelines is to ensure that:
1. Persons and/or businesses displaced as a direct result of a City Project are treated
fairly, consistently, and equitably so that such displaced persons and/or businesses
will not suffer disproportionate injuries as a result of projects designed for the benefit
of the public as a whole;
I2. City departments and agencies implement the City Relocation Guidelines in a
Updated: 9/13/2016 by Georgeann "Gigi" Hanna B I Packet Pg. 85
5.F
4643
manner that is uniform, efficient and cost effective; and
3. An administrative relocation appeals process is provided for cases in which a person
and/or business believes that the City has failed to properly consider the person's
and/or business' application for relocation assistance.
The City Relocation Guidelines shall consist of the following applicable portions of
federal and state laws, rules, and regulations, as they currently exist or may be
amended in the future:
1. Title 49 Code of Federal Regulations Part 24, (the "Uniform Relocation Assistance
and Real Property Acquisition Policies for Federal and Federally-Assisted
Programs");
2. California Government Code § 7260-7277 (the "California Relocation Assistance
Law"); and
3. Title 25, California Code of Regulations, Chapter 6, Subchapter 1 (the "California
Relocation Assistance and Real Property Acquisition Guidelines").
Approval of the attached Resolution will adopt the City Relocation Guidelines, a copy of
which is included as Exhibit "A" within the Resolution. It is intended that the City
Relocation Guidelines shall apply to any City Project under the jurisdiction of the Mayor
and Common Council of the City of San Bernardino or any other legal entity for which
the Mayor and Common Council of the City of San Bernardino serves as governing
board.
In addition, the attached Resolution has been reviewed with respect to applicability of
the California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines
(California Code of Regulations, Title 14, §§ 15000 et seq., hereafter the "Guidelines"),
and the City's environmental guidelines. Therefore, the attached Resolution is not a
"project" for purposes of CEQA, as that term is defined by CEQA Guidelines § 15378,
because this Resolution constitutes general policy and procedure making and
organizational or administrative activity that will not result in a direct or indirect physical
change in the environment, per § 15378 (b) (5) of the CEQA Guidelines.
Fiscal Impact
Approval of the Resolution will not cause any immediate fiscal impact. However, as the
need arises with respect to an occasion wherein the relocation of persons and/or
businesses in connection with a City Project is required, relocation payments/costs will
occur in accordance with the provisions of the City Relocation Guidelines, which are
consistent with applicable federal and state laws.
City Attorney Review:
Supporting Documents:
Resolution Approving Relocation Policies v1 4 (DOC)
Updated: 9/13/2016 by Georgeann "Gigi" Hanna B Packet Pg. 86
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1 RESOLUTION NO. 2016-
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING RULES AND REGULATIONS FOR RELOCATION
3 ASSISTANCE CONSISTENT WITH APPLICABLE STATE AND FEDERAL LAWS FOR
4 PERSONS AND/OR BUSINESSES DISPLACED BY A CITY PROJECT AND
APPROVING CERTAIN RELATED ACTIONS.
5
WHEREAS, from time-to-time a City-sponsored capital improvement project or other
6
similar project, program or activity (a "City Project") that may require the displacement of persons c
7
and/or businesses from lands, buildings, or right-of-way occupied or used by such persons and/or
8 =
businesses; and
9
WHEREAS, it has been the City's past practice to follow applicable state and federal laws 2
10
when a City Project caused the displacement of persons and/or businesses; and ;
11
WHEREAS, it is necessary that the City adopt City rules and regulations for relocation b-
12
assistance consistent with applicable state and federal laws for persons and/or businesses displaced >
13
by a City Project(the "City Relocation Guidelines"); and .2
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WHEREAS, the purpose of the City Relocation Guidelines is to ensure that: i) persons c
15
and/or businesses displaced as a direct result of a City Project are treated fairly, consistently, and c
16 d
equitably so that such displaced persons and/or businesses will not suffer disproportionate injuries W
17 c
as a result of projects designed for the benefit of the public as a whole; ii) City departments and o
18 a
agencies implement the City Relocation Guidelines in a manner that is uniform, efficient and cost Q
19 =
effective; and iii) an administrative relocation appeals process is provided for cases in which a
20 0
person and/or business believes that the City has failed to properly consider the person's and/or
21
business's application for relocation assistance; and a
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WHEREAS, the City Relocation Guidelines shall consist of the following applicable
23
portions of federal and state laws, rules, and regulations, as they currently exist or may be amended Q
24
in the future: i) Title 49 Code of Federal Regulations Part 24, (the "Uniform Relocation Assistance
25
and Real Property Acquisition Policies for Federal and Federally-Assisted Programs"); ii)
26
California Government Code §§ 7260-7277 (the "California Relocation Assistance Law"); and iii)
27
Title 25, California Code of Regulations, Chapter 6, Subchapter 1 (the "California Relocation
28
Assistance and Real Property Acquisition Guidelines"); and
1 Packet Pg. 87
I WHEREAS, the approval of this Resolution will adopt the City Relocation Guidelines, a
2 copy of which is attached as Exhibit"A"to this Resolution; and
3 WHEREAS, it is intended that the City Relocation Guidelines shall apply to any City
4 Project under the jurisdiction of the Mayor and Common Council of the City of San Bernardino or
5 of any other legal entity for which the Mayor and Common Council of the City of San Bernardino
6 serves as governing board; and
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7 WHEREAS, this Resolution has been reviewed with respect to applicability of the
3
8 California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of =
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9 Regulations, Title 14, § 15000 et seq., hereafter the "CEQA Guidelines"), and the City's
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10 environmental guidelines; and
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11 WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that
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12 term is defined by CEQA Guidelines § 15378, because this Resolution constitutes general policy
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13 and procedure making and organizational or administrative activity that will not result in a direct
.2
14 or indirect physical change in the environment, per § 15378 (b) (2) and (5) of the CEQA a
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15 Guidelines; and
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16 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have —0
17 been met. c
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18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON o
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19 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: o
20 Section 1. The foregoing recitals are true and correct and are a substantive part of this o
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21 Resolution.
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22 Section 2. The City Relocation Guidelines, a copy of which is attached as Exhibit "A"
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23 to this Resolution, are approved.
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24 Section 3. The City Relocation Guidelines shall apply to any City Project under the
25 jurisdiction of the Mayor and Common Council of the City of San Bernardino or any other legal
26 entity for which the Mayor and Common Council of the City of San Bernardino serves as governing
27 board.
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2 Packet Pg. 88
I Section 4. The City Manager, or designee, is authorized to implement the City
2 Relocation Guidelines and to take such actions and execute such documents as are necessary to
3 effectuate the intent of this Resolution including, without limitation, the relocation appeals process
4 described within the City Relocation Guidelines, which shall constitute the exclusive administrative
5 review process in matters involving relocation of displaced persons and/or businesses, in place and
6 instead of the procedure provided for in San Bernardino Municipal Code Chapter 2.64 or any other a
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7 procedure for administrative review that might otherwise apply.
8 Section 5. This Resolution is not a "project" for purposes of CEQA, as that term is
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9 defined by CEQA Guidelines § 15378, because this Resolution constitutes general policy and M
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10 procedure making and is an organizational or administrative activity that will not result in a direct
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11 or indirect physical change in the environment, per § 15378 (b) (2) and (5) of the CEQA
12 Guidelines.
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13 Section 6. This resolution shall take effect upon its adoption and execution in the
14 manner as required by the City Charter. a
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3 Packet Pg. 89
5.F.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING RULES AND REGULATIONS FOR RELOCATION
2 ASSISTANCE CONSISTENT WITH APPLICABLE STATE AND FEDERAL LAWS FOR
3 PERSONS AND/OR BUSINESSES DISPLACED BY A CITY PROJECT AND
APPROVING CERTAIN RELATED ACTIONS.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino, at a meeting thereof, held on the day of
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September, 2016, by the following vote,to wit:
7
8 Council Members Ayes Nays Abstain Absent =
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9 MARQUEZ M
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10 BARRIOS
11 VALDIVIA M
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12 SHORETT
NICKEL >
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RICHARD .2
14 a.
MULVIHILL r-
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17 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of September 2016.
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R. Carey Davis, Mayor
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23 Approved as to Form: 2
24 Gary D. Saenz, City Attorney
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By:
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4 Packet Pg. 90
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EXHIBIT "A"
2
3 CITY OF SAN BERNARDINO POLICY
4 TITLE
5 City Rules and Regulations for Relocation Assistance Consistent with Applicable State and Federal
Laws for Persons and/or Businesses Displaced by a City Project
6
as
7 BACKGROUND
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8 From time-to-time a City-sponsored capital improvement project or other similar project, program t�
or activity (the "City Project") may require the displacement of persons and/or businesses from o
9 lands, buildings, or right-of-way occupied or used by such persons and/or businesses. Accordingly,
this policy is intended to establish a fair and equitable procedure to assist affected persons and/or _2
10 businesses in relocating to an alternate location. It is the intent of this policy to establish applicable
11 federal and state laws, rules, and regulations as the City's rules and regulations for relocation
assistance.
12
RELOCATION GUIDELINES
13
Purpose and Applicability of the City Relocation Guidelines: .2
14
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Collectively, the applicable portions of the below referenced federal and state laws, rules and o
15 regulations shall constitute the City's rules and regulations for relocation assistance (the "City U
16 Relocation Guidelines"). The purpose of the City Relocation Guidelines is to ensure that: o
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17 1. Persons and/or businesses displaced as a direct result of a City Project are treated fairly, c
consistently, and equitably so that such displaced persons and/or businesses will not suffer o
18 disproportionate injuries as a result of projects designed for the benefit of the public as a whole; a
19 2. City departments and agencies implement the City Relocation Guidelines in a manner that is =
uniform, efficient and cost effective; and C
20 3. An administrative relocation appeals process is provided for cases in which persons and/or 2
businesses believe that the City has failed to properly consider their applications for relocation d
21 assistance.
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22 The City Relocation Guidelines shall apply to any City Project under the jurisdiction of the Mayor E
23 and Common Council of the City of San Bernardino or of any other legal entity for which the
Mayor and Common Council of the City of San Bernardino serves as its governing board. Q
I 24
The City Relocation Guidelines:
25
The City's rules and regulations for relocation assistance shall consist of the following applicable
26 portions of federal and state laws, rules, and regulations, as they currently exist or may be amended
27 in the future:
I �
28 1. Title 49 Code of Federal Regulations Part 24, (the "Uniform Relocation Assistance and Real
Property Acquisition Policies for Federal and Federally-Assisted Programs");
5 Packet Pg. 91
5.F.a
1 2. California Government Code § 7260-7277 (the "California Relocation Assistance Law"); and
3. Title 25, California Code of Regulations, Chapter 6, Subchapter 1 (the "California Relocation
2 Assistance and Real Property Acquisition Guidelines").
3 Application of Federal and State Rules Related to the City Relocation Guidelines:
4
It is the policy of the City of San Bernardino that the California Relocation Assistance Law and the
5 California Relocation Assistance and Real Property Acquisition Guidelines shall govern City
Projects funded without federal funds. The California Relocation Assistance Law governs state and
6 local government relocation activities. The State Department of Housing and Community c
7 Development (the "HCD") has the legal authority to administer the California Relocation Assistance
Law, including promulgating implementing regulations. Programs and projects funded in whole or
8 in part with federal funding sources shall be governed by the Uniform Relocation Assistance and
Real Property Acquisition Policies for Federal and Federally-Assisted Programs. The Uniform o
9 Relocation Assistance and Real Property Acquisition Policies for Federal and Federally-Assisted M
Programs governs relocation activities conducted by federal, state and local agencies receiving a
10 federal funds, grants or reimbursements.
11
In some instances, the Uniform Relocation Assistance and Real Property Acquisition Policies for
12 Federal and Federally-Assisted Programs differ from the California Relocation Assistance Law and
the California Relocation Assistance and Real Property Acquisition Guidelines. The Uniform
13 Relocation Assistance and Real Property Acquisition Policies for Federal and Federally-Assisted
Programs provides that a person who is an alien not lawfully present in the United States is not .2
14 eligible to receive relocation benefits or relocation advisory services. However, the California a°
10
15 Relocation Assistance Law and the California Relocation Assistance and Real Property Acquisition o
Guidelines may authorize exceptions if unusual hardship to the alien's spouse, parent or child who is
16 a U.S. citizen or an alien admitted for permanent residence, would otherwise result. 2
17 In circumstances where federal funds are combined with state and/or local funds in a program or
18 project, Section 6018 of the State relocation regulations provides that: a
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19 "If a public entity undertakes a project with federal financial assistance and consequently
must provide relocation assistance and benefits as required by federal law, the provisions of 2
20 the Act and Guidelines shall not apply; but if an obligation to provide relocation assistance o
and benefits is not imposed by federal law, the provisions of the Act and Guidelines shall a
21 apply.11
22 When projects contain mixed funding sources, the U.S. Department of Housing and Urban .Ec
23 Development (HUD) and HCD generally agree that a public entity applies the requirement that
provides the displaced person or household with the greatest benefit. Clearly stated, this means that, Q
24 in a mixed funding project, if the assistance or benefit under state law is more favorable to the
displaced person or household, then the state regulation applies. Conversely, if federal benefits are
25 more favorable to a displaced person, those rules apply.
26
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6 Packet Pg. 92
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1
SUMMARY OF PROGRAM ELEMENTS INCLUDED WITHIN THE CITY RELOCATION
2 GUIDELINES
3 The listing below summarizes the key relocation assistance program elements under federal and
4 state laws. The following summary is not meant to be a substitute for the City Relocation
Guidelines:
5
1. Eligible tenant displaced from home:
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7 a. Advisory Services.
b. Payment for Moving Expenses
g i. Payment for Actual Reasonable Moving and Related Expenses, or
ii. Fixed Moving Expense and Dislocation Allowance, or o
9 iii. A combination of both, based on circumstances.
c. Replacement Housing Assistance. a—°,
10 i. Rental Assistance, or
11 ii. Purchase Assistance.
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12 2. Eligible homeowner occupant displaced from home:
13 a. Advisory Services.
b. Payment for Moving Expenses. 2
14 i. Payment for Actual Reasonable Moving and Related Expenses, or a.
15 ii. A Fixed Moving Payment, or o
iii. A combination of both, based on circumstances.
16 c. Replacement Housing Payment. _0
i. Purchase Assistance, or
17 ii. Rental Assistance. c
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18 3. Eligible displaced businesses, nonprofit organizations and farms: a
a
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a. Advisory Services
20 b. Payment for Moving and Reestablishment Expenses falls into two general categories:
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i. Payment for Actual, Reasonable Moving and Related Expenses;
21 ii. Fixed Payment("In Lieu Of' Payment).
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22
4. Eligible displaced mobile home tenants and homeowners: E
23 r
a. Advisory Services Q
24 b. Specific Considerations:
i. Payment is based on displaced occupancy status as either 180 day owner or 90 day
25 occupant of the mobile home - not occupancy status on the land.
26 ii. Occupant might receive rental assistance payment for the site and price differential
payment for a comparable mobile home.
27 iii. Occupant might own the mobile home and rent the site or vice versa, requiring different
computations.
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c. Personalty or Realty
7 Packet Pg..93
1
Owner/occupant of a mobile home acquired (as realty) is eligible for replacement housing
2 payment. If mobile home is moved (as personalty), occupant is eligible for moving expenses
3 for the mobile home.
4 d. Replacement Housing Payments - 180-Day Owner/Occupants
i. Owner/occupant who purchases a comparable replacement mobile home and site is
5 eligible for a Price Differential, Incidental Expenses, and if, applicable, Mortgage
Interest Differential.
6 ii. Owner/occupant who rents a comparable replacement may be paid a rental assistance
7 payment based on the market rent of the acquired mobile home site.
ill. Owner/occupant can combine payments to purchase a replacement mobile home or
g conventional dwelling.
0
9 e. Rental Assistance Payments - 90-Day Occupants v
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10 90-day tenants and 90-179-day owner/occupants are eligible for a rental assistance payment
11 for a comparable replacement mobile home and site, or for a conventional dwelling if no
comparable mobile homes and site are available. v
12
£ Moving Expenses >
13 i. Cost for an owner to move the mobile home
ii. Cost for a tenant to move furnishings and other personal property
14 iii. Reasonable cost of a non-refundable mobile home park entrance fee, as determined by a°
15 the City. o
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16 RELOCATION APPEALS PROCESS °
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17 Both federal and state regulations provide that any aggrieved person may file a written appeal with c
the City in any cases in which a person and/or business believes that the City has failed to properly o
18 consider the person's and/or business's application for relocation assistance. The federal and state a
19 regulations provide substantially similar rights of appeal, but the state administrative guidelines are
more detailed as to process,procedures, and timelines. g
20 a
The City Relocation Guidelines shall provide an appeals process in accordance with federal and
21 state requirements. Prior to requesting formal review by appeal of the City's determination of a W
claim for relocation assistance, a claimant may request from the City a full written explanation of its
22 determination and the basis therefor, or may within request an informal oral presentation within E
23 eighteen months after the claimant moves from the property or receives final compensation for
displacement from property, whichever is later. Within that same time, with or without first Q
24 requesting a full written explanation and/or an informal oral presentation, a claimant may make a
written request for formal review and reconsideration by way of appeal. The appeal shall proceed as
25 described below:
26 1. A claimant who wishes to appeal the determination made by the relocation advisor assigned
27 to the claim may appeal to the affected City department head or in the absence thereof, to the
designated acting department head; and
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8 Packet Pg. 94
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1 2. If the claimant is not satisfied with the determination of the affected City department head or
or acting department head, then the matter may then be appealed to the City Manager or a
2 designee of the City Manager other than the person who made the determination in question,
3 which shall constitute the final administrative appeal.
4 The foregoing appeal process shall comport with all applicable federal and state requirements and
shall constitute the exclusive process for formal administrative review in matters involving
5 relocation of displaced persons and/or businesses, in place and instead of the procedure provided for
in San Bernardino Municipal Code Chapter 2.64 or any other procedure for administrative review
6 that might otherwise apply.
7 A claimant who is not satisfied with the determination of the administrative appeals process may
_
8 seek judicial review of the matter in the appropriate court in accordance with applicable laws.
0
9 A claimant may obtain the appropriate forms and receive assistance in the appeals process from the
claimant's relocation advisor. 0
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11 The City will adhere to the timelines for appeals set forth in federal and state law.
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9 Packet Pg. 95