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RESOLUTION NO. 4653
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA DECLARING AND APPROVING THE ESTAB-
LISHMENT OF A FIVE-MEMBER RELOCATION APPEALS
BOARD
WHEREAS, Section 33417.5 of the California Community
Redevelopment Law provides there is in the City of Arcadia a re-
location appeals board composed of five members to be established
and approved by the City Council to hear complaints from persons
relating to relocation from a redevelopment project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ARCADIA AS FOLLOWS:
SECTION 1, The City Council hereby declares and approves
the establishment of a Relocation Appeals Board according to the
procedures and with the powers, duties, and obligations provided
herein.
SECTION 2. The Relocation Appeals Board shall consist
of five members appointed by the Mayor initially for two-year
terms and from time to time for additional two-year terms or for
the unexpired portions of such two-year terms, as approved by the
City Council, The Relocation Appeals Board shall have the powers
provided in its bylaws (which are attached hereto and labelled as
Exhibit "A") and shall carry out its duties and obligations pur-
suant to bylaws. Said bylaws shall be adopted at the first meet-
ing of said Relocation Appeals Board and shall not thereafter be
amended without the prior approval of the City Council,
SECTION 3, The City Clerk shall certify to the adoption
of this resolution,
I HEREBY CERTIFY that the foregoing resolution was adopted
at a regular meeting of the City Council of the City of Arcadia
held on the 6th day of September, 1977, by the affirmative vote of
at least three Council members, to wit:
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4653
AYES:
Council Members Lauber, Margett, Parry and Saelid
NOES:
ABSENT:
None
Council
M,mber G~b. ~
~~
C y lerk 0 t e lty of Arcadia
SIGNED AND APPROVED this 6th day of September, 1977.
,
City Clerk
(SEAL)
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4653
ARCADIA
RELOCATION APPEALS BOARD
BY-LAWS
ARTICLE I.
SECTION 100. THE RELOCATION APPEALS BOARD
,
Section 101. Name of the Relocation Appeals Board
The name of the Board shall be "Arca,dia Relocation Appeals
Board" (the "Appeals Board").
Section 102. Appeals Board Members
The City Council of the 'City of Arcadia has by Resolution
No. '4653 declared that a Relocation Appeals Board be esta-
blished. The members of the Appeals Board shall be resident
electors of the City of Arcadia and shall be appointed by the
Mayor initially for two-year terms (and from time to time ,for
addjtional two-year terms or for the unexpired portions of
such two-year terms), subject to the approval of the City
Council (th~ "City Council").
Section 103. Purpose of Appeals Board
The purpose of the Appeals Board is to hear complaints relating
to relocation brought by residents of any redevelopment project
being carried out by the Arcadia Redevelopment Agency (the
"Agency") .
ARTICLE II.
SECTION 200. MEMBERS AND OFFICERS OF THE APPEALS BOARD
Section 201. Designation of Officers
The officers of the I\ppei11s Board shall be the Chairman, the
Vice Chairman, and the Secretary.
t:XHIBI1"A"
The Chairman and Vice Chairman
members of the Appeals Board.
,
Agency shall be the Secretary.
The Appeals Board members may appoint such other officers (per-
manent/ acting, or temporary) as may be appropriate. The
Appeals Board members may fix and determine the qualifications
and duties of the Appeals Board officers.
shall be elected from among the
The Executive Director of the
"
Section 202. Terms of Officers
The Chairman and vice Chairman shall be elected each year at
the annual meeting of the Appeals Board. The term of offices
of Chairman and Vice Chairman are for the calendar year or for
the portion thereof remaining after election to office. Should
either of the offices of Chairman or Vice Chairman become
vacant, the Appeals Board members at the next special meeting
shall elect a successor for the'unexpired term. The Chairman
and Vice Chairman shall hold such offices until successors are
elected and assume office.
The Executive Director of the Agency shall hold the office of
Secretary of the Appeals Board for as long as he shall be
.employed.as Executive Director of the Agency.
Section 203. Duties of Officers
The Chairman shall preside at the Appeals Board meetings and
perform such other duties as are appropriate.
The vice Chairman, in the absence or incapacity of the Chairman,
shall perform the duties of the Chairman. Should the office of
the Chairman become vacant, the Vice Chairman shall perform the
duties of the Chairman until the Appeals Board members elect a
new Chairman.
The Secretary shall keep and maintain records of the Appeals
Board and minutes of the Appeals Board meetings. The Secretary
shall give written notice of Appeals Board meetings whenever
such notices are required by these by-laws or by the law. The
.Secretary shall also perform all other duties incident to the
office of Secretary.
Section 204. Compensation of Members
The members of the Appeals Board shall serve without compensa-
tion, but each of the members shall be reimbursed for his
necessary expenses incurred in performance of his duties, as
determined by the City Council.
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ARTICLE I II.
SECTION 300. EMPLOYEES AND AGENTS
Section 301. Employees and Aqents
The employees and agents of the Agency shall !Oerve the Appeals
Board from time to time as reasonably reque!Oted by the Appeals
Board. The Appeals Board shall not e~ploy separate employees
and agents.
ARTICLE IV.
SECTION 400. MEETINGS
Section 401. Annual Meetings
The annual meeting of the Appeals Board shall be held at
o'clock on the first of , of
each year in the principal business offices of the Agency. The
members of the Appeals Board may establish another meeting place
or postpone the time of the meeting.
Section 402. Reqular Meetinqs
,Regular meeting's are not established since the business of the
Appeals Board will depend on appeals by persons who file a
request for hearing with the Appeals Board.
Section 403. ~Eecial Meetings
A special meeting may be called at any time by the Chairman or
upon the written request of two of the members of the Appeals
Board by delivering, personally or by mail, written notice to
each member and to each local newspaper of general circulation,
radio or television station requesting notice in writing. A
special meeting shall be called by' the Secretary of the Appeals
Board in the event that a resident or other person displaced or
~o be displaced by the Agency files a request for hearing with
the Appeals f;3oarcl. Such special meeting shall be called by the
Secretary for a time and date within fifteen (15) days after
receipt of written request for such a hearing by the resident
or other person to be displaced.
Such notice must be delivered pcrson~lly or by mail at least 24
hours before the time of !Ouch meetin<j as specified in the notice
to the Board mcmh~rs "nd to tll0. pero.on rrqlH'''U 11'1 i1 heilring before
the Appeals Boanl. 'rhe call alld notice ::11:11 I. t:l'ccify LI1'~ Lime uno
place of the special meeting and the business to be transacted.
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No other businesr1 "hall be cons,i,r.1('rec] ilt such mc'('tings by the
Appeals !loard. S ueh wri tten notice may be di "1'<.,II1;od wi th as to
'any member who ilt or p~ior to the time the meeting co~venes
files with the Secretary of the Appeals Board a written waiver
of notice. Such waiver may be given by telegram. Such written
notice may also be dispensed with as to any member who is
actually present at the time it convenes.
,
Section 404. Executive Sessions
Nothing contained in these by-lilws shall be construed to prevent
the Appeals Board members from holding executive sessions during
a special meeting concerning any matter permitted by law to be
considered in an executive ses~ion.
Section '405. Public Hearings on Complaints
All public hearings by the Appeals !loard members required or
permitted to be held by law shall be held durinl:} a'special
meeting of the Appeals Board Members.
The Appeals Board shall hold a public hearing on complaints
relating to relocation brought by residents or other persons
living within' a redevelo~ment project area being administered
by the Agency. However, the Appeals Board shall first deter-
mine whether 'the person filing the complaint has requested
that his complaint be reviewed by the Agency ~nd whether the
'Agency has reviewed the matter and rendered its decision thereon.
If the cOll1plaint has not been filed with the 1\gency, the Relo-
cation Boa'rd 'shall not conduct any hearing on the matter until
it has been referred first to the Agency and the Appeals Board
,has ,either received its reply, or thirty (30), days have elapsed,
'from the time the complaint was first received by the Agency.
After the App,ellls Board has made the above determination ,the
Appeals Board may proceed with the hearing on the complaint of,
such: person, ,and shall determine if the Agency has complied ,with
the 'Californi,a Community Redevelopment Law, the State of
California Re,location Guide line, and the Agency's rules and
regulations governing relocation assistance and payments and,
Mhere applicable, federal relocation regulations. After the
c9nclusion of such public hearing, the Appeals Board shall
transmit its findings and recommendations to the Agency. In
the ,event that the Appeals Board fails to transmit its findings
and recommendations to the 1\gency wiLhin thirty (30) days nfter
the filing of said complaint, it shall be conclusivel,y deemed
that the Appeals Ooard approves of ,the action taken by the
Agency. A copy of such findings and recommenuations shall also
be transmitted to the person filing the complaint.
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The findings :and recommendations of the APpcnls BOilrd shall be
~dvisory only aDd for considerntion by the A0cncy Members who'
are required to conduct a hearing on such complaint after the
receipt of the findings and reoommendations of the Appeals
Board or after the above period has elapsed without receipt of
such findings and recommendations.
Section 406. ^clJ~~rning Meetings and Contillu~ng Public
Hearings to Other Times or Places
The Appeals Board Members may adjourn any meeting to a time and
place speci fled in the order of adjournment. Less than a quorum
may so adjourn from time-to-time. A copy of the order or notice
of adjournment shall be conspicuously posted on or near the
door of ,the place wherf:' the meeting was held within twenty-four
(24) hours after the time of adjournment.
Any public hearin<j being held, or notices or ordered to be held
at any meeting may be order or notice of continuance be conti-
nued or recontinucd to any subsequent meeting in the same manner
and to the same extc'nt set forth for the ildjournment of mectings~
provided, that if the hearing is continued to it time less than
twenty-four (24) hours after the time specified in the order of
notice of hearing, a cop9 of the order or notice of continuance
of hearing ,shall be posted immediately following the meeting
at which the order or declaration of continuance was adopted or
made.
Section 407. ~eetinqs to be Open and Public
All meetings of three or more lIppenls Board members to take action
'or to deliberate concerning Appeals Board business and its con-
duct shall be open and public. All persons shall be permitted
to attend any such meetings except as otherwise provided by law.
Section 408. Quorum
Three members of the Appeals Board,shall constitute,a quorum for
the purpose'of conducting its business, exercising its powers,
and f6r all other purposes. 11 smaller number of Appeals Board
'members may adjourn a meeting from time-to-time until a quorum
is present. '
Section 409. Order of Business
The following shall be the generul order of business at Appeals
Board meetings:
(llnoll Call
(2) Approval of Minutes
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(3) Relocation Appeals
(4) General
(5) Adjournment'
At any meeting, the Appeals Board members, by a vote of three
of the members, may change the order of business.
ARTICLE V.
SECTION 500. AMENDMENT OF THE BY-LAWS
The By-Laws may be amended only with the approval of at least
three members of the Appeals Board at a Board meeting and shall
only be effective after approval by the City Council. No amend-
ment shall be adopted unless at least seven days' written notice
of the general nature thereof has been sent previously to all
members of the Appeals Board and to the City Council.
Adopted:
Board Resolution No.
by Arcadia Relocation Appeals
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