Agency and City Council Meeting:  October 11, 2005

Santa Monica, California

 

 

TO:

Mayor and City Council Members

Chairperson and Redevelopment Agency Members

 

 

From:

City and Redevelopment Agency Staff

 

 

Subject:

 Establishment of a Relocation Appeals Board for the Redevelopment Agency of City of Santa Monica

 

 

INTRODUCTION

This report requests City Council approval of the proposed Resolution establishing a Relocation Appeals Board to conduct formal reviews of the Redevelopment Agency staff’s determinations regarding the relocation benefits available to person’s displaced by Agency activities and that the Redevelopment Agency (“Agency”) receive and file this report.

 

BACKGROUND

Under Health and Safety Code, Section 33417.5, the Agency is required to establish a Relocation Appeals Board to hear appeals filed by persons who disagree with the Agency staff’s determination of their relocation assistance and benefits.  Section 33417.5 states that the Relocation Appeals Board shall be comprised of five members appointed by the Mayor and subject to the approval of the City Council.  The Relocation Appeals Board shall act in an advisory capacity to the governing body of the Agency, with powers, duties, and functions to hear complaints from displaced persons and to determine if the Redevelopment Agency has complied with the provisions of applicable local, State and Federal relocation law.   

 

In addition, Title 25, Article 5, of the State Relocation Guidelines, sets forth policies and procedures to guide  the Agency in processing relocation appeals from displaced persons who have complaints concerning their eligibility, amount of payment, or grievances related to comparable permanent or temporary replacement housing.  The appeals process is as follows:

 

(1)   Right of Review and Request for Further Written Information:  Any displaced person may request review and reconsideration by the Agency Executive Director or an authorized designee if he or she believes himself/herself aggrieved by a relocation determination and may request a full written explanation of the decision;

(2)   Informal Oral Presentation:  If the displaced person disagrees with the written determination from the Executive Director or authorized designee, the displacee may request an informal oral presentation before the Agency’s Executive Director or designee (other than the person making the initial determination), or

(3)   Formal Review and Reconsideration: The displaced person may file a written request for a formal review and reconsideration by the Relocation Appeals Board. After a public hearing, the Board transmits its findings and recommendations to the governing body of the Redevelopment Agency for a final administrative determination of the appeal. After the claimant has exhausted these administrative remedies, he or she may seek judicial review.

 

The claimant may request a review of relocation benefits at any time within eighteen (18) months following the date he or she moves from the property or the date he or she receives final compensation for the property, whichever is later.

 

DISCUSSION

To date there have been no grievances, or appeals to the Agency that necessitated informal staff review or formal review and recommendation by a Relocation Appeals Board.  Because Agency activities which may at some point entail relocation, the establishment at this time of a Relocation Appeals Board is recommended to avoid delays in hearing any appeals that may be brought by displaced persons.  

 

In compliance with State Laws and to facilitate requests for informal review and reconsideration from displaced persons, the Executive Director is designating the Administrative Services Officer Earthquake Recovery Administrator (Redevelopment Administrator) of the Agency to perform the initial staff review of a displaced person’s relocation determination and provide a written explanation of the Agency decision, and is designating the Housing and Redevelopment Manager of the Agency to hear informal oral presentations before the Agency.   The Relocation Appeals Board will hear and consider any formal reviews related to relocation and make recommendations to the Agency. The governing body of the Agency will make the final determination, after which the claimant may seek judicial review. A Deputy City Attorney will be assigned to work with the Relocations Appeals Board.

 

Staff recommends that the following City staff positions be designated and approved as members of the Relocation Appeals Board who shall serve without additional compensation: 

·        Assistant to the City Manager, Community Relations

·        Rent Control, Hearings Manager

·        Planning and Community Development, Assistant Director or Special Projects Manager

·        Economic Development Manager

·        Resource Management, Administrative Services Officer- Financial Administration

 

All members of the Relocation Appeals Board are specifically qualified to act as Board members by reason of their training and experience in community relations, housing, urban development, real estate, economic development, and finance, or other relevant experience.

 

BUDGET/FINANCIAL IMPACT

The recommendation will not have budgetary or financial impacts. 

 

RECOMMENDATIONS

It is recommended that City Council:

1.                  Approve the proposed Resolution establishing a Relocation Appeals Board, comprising five members as proposed, for the purpose of conducting formal relocation reviews and making recommendations to the governing body of the Agency.

 

It is recommended that the Redevelopment Agency:

1.         Receive and file this report on the establishment of the Relocation Appeals Board.

 

Prepared By: 

Jeff Mathieu, Director Resource Management

 

Tina Rodriguez, Redevelopment Administrator

 

Nia Tang, Senior Administrative Analyst

Lyn Cacciatore, Deputy City Attorney

 

 

Attachment A:  City Resolution- Establishing a Relocation Appeals Board and the   Composition of Board members