Res 01-049RESOLUTION NO. 01- 049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
ESTABLISHING A RELOCATION APPEALS BOARD
WHEREAS, Government Code Section 7266 and Health and Safety Code
Section 33417.5 authorize the City Council to establish a Relocation Appeals Board
to hear appeals from relocatees of staff determinations of relocation compensation
and to make recommendations to the City Council for its final determination of
relocation compensation; and
WHEREAS, a Relocation Appeals Board is necessary to provide an
independent recommendation regarding relocation compensation when the relocatee
and staff are unable to reach agreement; and
WHEREAS, the expertise required to make an informed and independent
recommendation regarding relocation compensation can best be provided by
Relocation Appeals Board membership combining legal, financial, redevelopment,
and housing experience with the perspective of members of the general public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway as follows:
Section 1. The Relocation Appeals Board of the City of Poway is hereby
established.
Section 2. The Relocation Appeals Board shall hear all appeals of staff
determinations of relocation compensation. The Board shall convene promptly upon
the filing of a written appeal by the relocatee, shall receive all documentary evidence
offered, and shall hear from the relocatee and any witnesses that the relocatee may
call, as well as from staff and any witnesses staff may call. No formal public hearing
shall be required, and the formal rules of evidence shall not apply. The appeal shall
be conducted in accordance with basic precepts of fairness and due process. Upon
the receipt of all evidence, the Board shall deliberate in open session and formulate
a recommendation to the City Council, which shall promptly review the
recommendation as a discussion item on its agenda and render a final decision.
Section 3.
follows:
The membership of the Relocation Appeals Board shall be as
a. City Attorney
b. Deputy City Manager
c. Director of Administrative Services
d. Chair of the Housing Commission
e. Chair of the Redevelopment and Housing Advisory
Committee
Resolution No. 01-049
Page 2
A quorum of three members shall be required to hear an appeal. The Board's
recommendation shall be made by a majority of the quorum.
PASSED, ADOPTED, and APPROVED by the City Council of the City of
Poway, California, at a regular meeting this 19th day of June, 2001.
ATTEST:
P-~o~les, City Cirri( -
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS.
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
the penalty of perjury, that the foregoing Resolution No. 01- 049 , was duly adopted
by the City Council at a meeting of said City Council held on the 19th day of June,
2001, and that it was so adopted by the following vote:
AYES: GOLDBY,
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
HIGGINSON, REXFORD, CAFAGNA
-LoCi Anne 15eoples, City dierk
City of Poway
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