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HomeMy WebLinkAbout4653 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: -1- 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) -2- 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. - 2 - 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. - 3 - 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. 4 , 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 - 5 - (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 - 6 -