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HomeMy WebLinkAboutR14-Economic Development Agency < o o o . o 0 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 o o o o UQUIS'l POI COIMISSIOII/COOlICIL ACTIO. leestablillhaent of lelocation Appeals Board J1D1e9,l992 Psae __ber -2- o 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: / o o o o 0 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: o o o o DEVELOPIIIIIr DBP....--~I STAFF DPOIrl Reeatabli8bllent of Relocation Appeal. Board J1IIle 9, 1992 Paae w-ber -2- o 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: '. '( "~,<~,""" ,,' ,..-.,. -', .~,.. o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 , 14 .--i~{'y_~ 15 16 17 18 19 20 21 22 23 24 25 26 Zl 28 '\ , "~ . .~ ... . -:...e., -'.- -, " ,".~. .'t'/l-"",, '~"''','' . "'-,-' , ~"'l>"_ ^'~~- , ", :~'r ,., ...:'. j~ ... ". '.. ""'" ...:;;.. . I )' , , , '. ,.. ,. . I : ~", .. ..' '.'" " '1!"':'''''''.''''~' " ._.tfo-,r. '-,'1.1,', ' .' ')W" ,,'f.' ," - .."tJ.... ! ,. . . ", . 4, ... . ...",'.. . 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. /1/ /1/ 1// 1// 1// 1// 1// /1/ 1// 1// 1// 1// 1// 1// 1// '.~; lWI/e.e/Appea1-2.r_ 1 Ila7 7. 1~2 /:1 ,t) -i ..1 "I.' "!J.'!i" , o o o 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 \- .t<::':.:~i,,' '. '. '. , - '/,-' :'~'.' ,....,'\'. ..:>\'o,;.c-,- . ''W. "-.'}'(rt,-.~:, . ) 0" 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 /1