Chapter 10 RELOCATION APPEALS BOARD

The Relocation Appeals Board created by Health and Safety Code Section 33417.5, a section of the Community Redevelopment Law, is hereby established and, pursuant to Section 7266 of the Government Code, is hereby designated to hear appeals from the determinations of all officers, bodies, departments and agencies of the City of Carson and of the Carson Redevelopment Agency, as to the eligibility for, or the amount of, a payment authorized by Chapter 16 (Section 7260, et seq.), Division 7, Title 1, of the Government Code. Such Relocation Appeals Board is hereinafter denominated as “the Board.” (Ord. 74-313, § 1)

21001 Membership – Appointment of Board.

(1) The Board shall consist of nine (9) members, and three (3) alternate members who shall be called upon, when necessary, in the order of their appointments as Alternate 1, 2 or 3, to substitute for any absent commissioner, appointed by the Mayor and approved by the City Council.

(2) Each member of the Board shall serve at the pleasure of the City Council and shall be appointed for a term of three (3) years, except that in the first instance, two (2) members shall be appointed for a term of one (1) year, two (2) members shall be appointed for a term of two (2) years, and one (1) member shall be appointed for a term of three (3) years.

(3) No member of the Carson Redevelopment Agency, the City Council or of any City agency responsible directly or indirectly for the determination of relocation assistance claims shall serve on the Board. (Ord. 74-313; Ord. 13-1520, §§ 1, 3)

21002 Proceedings of the Board.

(1) The Board shall elect a chairman from its membership and shall appoint a secretary and other needful officers.

(2) The Board shall adopt rules for its procedure in harmony with the provisions of this Chapter. Meetings of the Board shall be held at the call of the Chairman. All hearings of the Board shall be public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. Minutes and other official records of the Board shall be promptly filed with the Clerk of the City of Carson and shall be open to public inspection. (Ord. 74-313)

21003 Compensation.

Members and alternate members of the Board shall serve without compensation, except that each member shall be reimbursed for reasonable and necessary expenses incurred in performance of official duties, subject to the approval of the City Council. (Ord. 74-313; Ord. 13-1520, § 2)

21004 Purpose.

The purpose of the Board shall be promptly to hear all complaints providently filed and to review and recommend modifications, if necessary, in the decision of any City agency, including the Redevelopment Agency, regarding eligibility for relocation assistance payments, the amount of such payments, the adequacy of replacement quarters obtained for persons, businesses or farms displaced because of the acquisition of real property by a City agency for a public purpose, or any other complaints by residents of the several project areas within the City relating to relocation. (Ord. 74-313)

Part 2. Jurisdiction

21020 Right of Review.

Any person aggrieved by any determination of the Redevelopment Agency or of any City agency (hereinafter denominated as “agency”) regarding relocation or relocation assistance as provided by state or local law or regulation may appeal to the Board for a review of that decision. (Ord. 74-313)

21021 Subject Matter – Jurisdiction of Board.

The Board is empowered to hear and consider appeals from the determination of any agency regarding: (1) eligibility for relocation assistance; or (2) the amount of relocation assistance allowed; or (3) the adequacy or acceptability of replacement quarters obtained for displaced persons, businesses or farms; or (4) any allegation of substantial noncompliance by any agency with state or local law or regulation regarding relocation or relocation assistance. (Ord. 74-313)

21022 Powers of Recommendation.

After hearing and considering any appeal, the Board shall have the power, upon a majority vote of those present, to recommend that the determination of the agency in question be affirmed, reversed or modified by that agency. The decision of the Board shall be advisory only, but shall be duly and promptly considered by the agency whose determination is under review. (Ord. 74-313)

21023 Exemption of Federal Grievance Procedures.

There is exempted from the provisions of this Chapter any grievance procedure policy instituted by any agency pursuant to any federal regulation as a condition to federal financial participation, to the extent that such procedure is inconsistent with the provisions of this Chapter. (Ord. 74-313)

Part 3. Procedure

21030 Compliance with Procedures.

The Board shall act in accordance with the procedure specified by California law and by this Chapter. (Ord. 74-313)

21031 Agency Determination.

(1) If the agency should deny eligibility, disapprove the full amount of assistance claimed, or refuse to consider the merits of a claim because of untimely filing or for any other reason, the agency shall include in its written notification to the claimant the reasons for its decision and the procedures for appeal to the Board.

(2) Any claimant aggrieved by any determination of any agency may request a full written explanation of the agency’s determination and the basis therefor if he feels that the explanation offered with the notification of the determination is inadequate. Such request for a full written explanation must be responded to by the agency within fifteen (15) days of its receipt. (Ord. 74-313)

21032 Limitation on Appeals.

An aggrieved claimant must file a request for review of the determination of the agency with the Board within six (6) months of the date of receipt of the determination. (Ord. 74-313)

21033 Request for Review.

All requests for review made to the Board shall be in writing, and may be made on forms prescribed by the Board. The request for review shall state in ordinary terms the facts complained of, the error or other defect in the agency’s determination and the relief which the claimant seeks. If the claimant cannot prepare, or needs assistance in the preparation of, the written request for review, the agency which rendered the determination shall provide assistance and shall notify the claimant of other sources of assistance. The claimant may include in his written request for review any statement of fact within his knowledge or any other information which may have a bearing on his appeal. Requests for review shall be liberally construed and shall be deemed sufficient if adequate to apprise the Board and agency of the general nature of the complaint. (Ord. 74-313)

21034 Date of Hearing.

Upon receipt of a conforming request for review the Board shall set a date for a public hearing at the earliest practicable time to consider the aggrieved party’s claim. In no event shall the hearing be scheduled later than ninety (90) days after the receipt of the request for review; however, the claimant may be granted thirty (30) days from the date of his request for review in order to gather and prepare additional material and information, if a reasonable basis can be shown justifying such extension. (Ord. 74-313)

21035 Notice of Hearing.

No action shall be taken on any appeal until after proper notice of public hearing has been given and a public hearing has been held. Proper notice of a hearing before the Board shall consist of “public notice” by posting in three (3) public places in the City, and written notice by registered mail to the claimant or his agent, to the agency responsible for the determination, and to any other interested party, given at least ten (10) days prior to the date of the hearing and specifying the date, time and place of the hearing. (Ord. 74-313)

21036 Right of Inspection of Files.

Subject to such reasonable limitations as may be prescribed by the City Council or the agency in question, the claimant or his agent shall be allowed to inspect all files and official records in the custody of the City or agency which bear upon his appeal, except that such right of inspection shall not extend to material the disclosure of which is prohibited by law or other “confidential” materials. (Ord. 74-313)

21037 Public Hearing.

A claimant may present his appeal personally or may be represented at any and all stages of the appeal proceedings by an attorney, at claimant’s expense. Claimant or his agent may make an oral presentation to the Board, call witnesses, cross-examine opposing witnesses, and offer documentary evidence and affidavits. The Board may take such oral or written statements from such other parties, including representatives of the agency responsible for the determination, as may be helpful in its deliberations. The Board shall make a written summary of the oral presentation and shall include it in the claimant’s file. The proceedings of the Board shall be conducted informally. Rules of evidence applicable in court proceedings shall not apply. The oath or affirmation shall be administered to all witnesses. (Ord. 74-313)

21038 Report and Recommendations of Board.

(1) The Board, within fifteen (15) days after the public hearing, shall transmit its report and recommendations, in writing, to the agency responsible for the determination which was the basis of the appeal.

(2) The written report of the Board shall include (a) the name and address of the aggrieved party, and his agent, if any; (b) a summary of the complaint and a copy of the complaint; (c) a summary of the facts developed at the public hearing and a copy of the notification; (d) comments on the impact of the case, if any, on the project of the City or agency; and (e) recommendations of the Board, supported by specific findings of fact and conclusions of law to enable an adequate reconsideration by the agency.

(3) The concurring vote of a majority of the members of the Board present shall be sufficient to recommend affirmance, reversal or modification of any determination. No recommendation shall issue except upon a majority vote of the Board. (Ord. 74-313)

21039 Final Determination.

(1) The agency responsible for the determination shall expeditiously proceed to give the report and recommendations of the Board all due consideration and shall, within thirty (30) days of their receipt, render a final determination on the matters appealed from.

(2) The final determination shall include the agency’s decision on reconsideration of the claim, in light of the report and recommendations of the Board.

(3) The final determination shall include a statement of the factual and legal basis of the agency’s decision, including any pertinent explanation or rationale for any conclusion which differs from the Board’s report.

(4) If the claim is dismissed on grounds not reaching the merits of the claim or the substance of the Board’s report, the agency shall issue a statement explaining the dismissal to the claimant.

(5) Notice of the final determination of the agency shall be sent promptly to the claimant, the Board and any other interested parties. (Ord. 74-131)

Part 4. Criteria for Review

21040 Liberal Rule of Construction.

All guidelines and regulations shall be liberally construed by the Board so as to fulfill the legislative purpose of fair and equitable treatment in order that displaced persons not suffer injury as a result of programs designed for the benefit of the public as a whole. (Ord. 74-313)

21041 Compliance with Applicable Law.

The Board shall make inquiry as to whether all relevant provisions of Federal, State and local law relative to Relocation Assistance have been complied with substantially by the agency. (Ord. 74-313)

21042 Reasonableness of Determination.

The Board shall consider all the material evidence before it, including written and oral statements submitted by the claimant and the agency, and determine whether, under the circumstances, the determination was reasonable and whether there are exigent circumstances which were not before the agency at the time of its determination. (Ord. 74-313)

21043 Grounds for Reversal or Modification.

The determination should be modified or reversed if (1) there is found a substantial noncompliance with some applicable law or regulation, or (2) the determination was unreasonable under the circumstances, or (3) exigent circumstances which were not before the agency at the time of the determination warrant a modification or reversal. (Ord. 74-313)

21044 Establishment of Precedent.

The principles established in a final determination shall be applied to all similar cases, regardless of whether or not a written request for review is submitted to the Board. (Ord. 74-313)

Part 5. Miscellaneous

21051 Judicial Review.

Upon exhaustion of administrative remedies, nothing in this Chapter shall preclude or limit in any way a claimant’s right to seek judicial review of the agency’s final determination. (Ord. 74-313)

21052 Savings Clause.

If any of the provisions of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or application. (Ord. 74-313)