SR-413-005
Agency and City Council Meeting: October 25, 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 and the Appointment of Board Members
INTRODUCTION
This report requests City Council approve the proposed Resolution establishing a
Relocation Appeals Board (?Board?), and appointment of Board Members to conduct formal
reviews of appeals filed by persons displaced by activities of the Redevelopment Agency
(?Agency?.)
BACKGROUND
Under Health and Safety Code, Section 33417.5, the Agency is required to establish a
Relocation Appeals Board, comprised of five members (appointed by the Mayor and
subject to the approval of the City Council), to hear appeals filed by persons who disagree
with the Agency staff determination of their relocation assistance and benefits. The
Relocation Appeals Board will hear appeals from displaced persons and determine if the
Agency has complied with the provisions of applicable relocation law. The Board will
transmit its findings and recommendations to the Agency.
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Overview of Appeals Process
Under Title 25, Article 5, of the State Relocation Guidelines, the Agency, in processing
relocation appeals from displaced persons who have complaints concerning their eligibility
or amount of payment, or who have grievances related to comparable permanent or
temporary replacement housing, must adhere to the appeals process 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 or 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 the Executive Director?s designee (other than the person making the initial
determination).
(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
City Council for a final administrative determination of the appeal. After the claimant
has exhausted these administrative remedies, he or she may seek judicial review.
In addition, 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.
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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 may at some point involve relocation, it is recommended that a
Relocation Appeals Board be established to avoid delays in hearing any appeals that may
be brought by displaced persons. A Deputy City Attorney will be assigned to work with the
Relocations Appeals Board.
Options:
1. New Board -- Establish a new board by ordinance pursuant to City Charter (Section
1002) and City Council Resolution No. 9088. It is estimated this process would take
approximately 90 days because of the following requirements: development and
review of applications; public noticing; Mayor and City Council appointments; and
training of new Board members. When a vacancy on the Board arises, either from
resignation or term expiration, it will be necessary to recruit replacement Board
member(s.)
2. Board or Commission Members, and City Staff -- City Council would designate
members of two other Boards or Commissions and three City staff positions to serve
on the Appeals Board. For example, the Chair and Vice Chair of the Housing
Commission and three City Department heads could be appointed.
3. Assign City Staff ? City Council would designate five staff positions experienced in
community relations, housing, urban development, real estate, economic
development, finance, or other relevant fields. Staff recommends that consideration
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be given to: the Assistant to the City Manager, Community Relations; Rent Control
Hearings Manager; Planning and Community Development Assistant Director or
Special Projects Manager; Human Services Manager; and Financial Operations
Manager.
Due to the infrequency of formal appeals and the technical nature of relocation law, it is
recommended that the City Council consider the creation of a Relocation Appeals Board
comprised of qualified City staff (Option #3). In all cases, the Relocation Appeals Board will
transmit its findings and recommendations to City Council. Members of the Relocation
Appeals Board serve without compensation.
BUDGET/FINANCIAL IMPACT
The recommendation will not have budgetary or financial impacts.
RECOMMENDATIONS
It is recommended that the City Council:
Approve the proposed Resolution establishing a Relocation Appeals Board
comprised of five staff members, for the purpose of conducting formal relocation reviews
and making recommendations to City Council.
It is recommended that the Redevelopment Agency:
Receive and file this report on the establishment of the Relocation Appeals Board.
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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
Appointment of Board members
See Adopted Resolution No. 10077 (CCS).
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