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Resolution - 5057RESOLUTION NO. 5057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING AND APPROVING THE ESTABLISHMENT OF A FIVE -MEMBER RELOCATION APPEALS BOARD. WHEREAS, Section 33417.5 of the California Community Redevelopment Law creates in the City of West Covina a relocation 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 West.Covina as follows: 1. The City Council hereby approves the establishment of a Relocation Appeals Board according to the procedures and with the powers, duties, and obligations provided herein. 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 Secretary of the Relocation Appeals Board shall not be a member of the Appeals Board and shall not vote or participate on any matter brought before or heard by the Appeals Board. The Relocation Appeals Board shall have the powers provided in its by-laws (which are attached hereto and labeled Exhibit "A") and shall carry out its duties and obligations pursuant to said by-laws. Said by-laws shall be adopted at the first meeting of the Relocation Appeals Board and shall not thereafter be amended without the prior approval of the City Council. 3. The City Clerk shall certify to the adoption of this resolution. Adopted and approved this 19th day of May 1975. ATTEST Mayor I hereby certify that the foregoing resolution was duly adopted by the City -Council of the City of West Covina at _"a i1aaJ6urned.= regular meeting, thereof held on the 19th day .of May 1975,�by the following vote of the Council: AYES: Councilmen: Shearer, Miller, Browne, Tice, Chappell. NOES: Councilmen: None ABSENT: Councilmen: None City 'lerk APPROVED AS TO FORM: 064.11 . ity Attor y WEST COVINA RELOCATION APPEALS BOARD BY-LAWS ARTICLE I. �r SECTION 100. THE RELOCATION APPEALS BOARD Section 101. Name of the Relocation Appeals Board The name of the Board shall be "West Covina Relocation Appeals Board" (the "Appeals Board"). Section 102. Appeals Board Members The City Council of the City -of West Covina has by Resolution No. 5057 declared that a Relocation Appeals Board be established. Tze members of the Appeals Board. shall be resident electors of the City of West Covina and shall be appointed by the P4ayor initially for two-year terms or for the unexpired portions of such two-year terms, subject to the approval of the City Council (the "City Council"). The Secretary of the Appeals Board shall not be a member .of the Appeals Board and shall. not vote or participate on any matter brought before and heard by the Appeals Board. 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 West Covina Redevelopment Agency (the "Agency"). ARTICLE II. SECTION 200.. MEMBERS AND OFFICERS OF THE APPEALS BOARD Section 201. ' Designation of Officers The officers of the Appeals Board shall be the Chairman, the Vice Chairman, and the Secretary. The Chairman and Vice Chairman shall be elected from among the members. of the Appeals Board. The Executive Director of the Agency shall be the Secretary. The Appeals Board members may appoint such other officers (permanent, acting, or temporary) as may be appropriate. The Appeals Board members may fix and determine the qualifications and duties of the Appeals Board officers. MAY 6 1C, a 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 Chair- man 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 Chair- man. 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 compensation, but each of.the members shall be reimbursed for his necessary expenses incurred in performance of his duties, as determined by the City Council. ARTICLE III.. SECTION 300 EMPLOYEES AND AGENTS Section 301. Employees and Agents The employees and agents of the Agency shall serve the Appeals Board .from time -to -time as reasonably requested by the Appeals Board.- The. Appeals Board shall not employ separate employees and agents. - 2 - MAY 6 19 U, ] Cl 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 yearin 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. Regular Meetings Regular meetings 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. Special 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 tele- vision 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 to be .displaced by the Agency files a request for hearing.with the Appeals Board. 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 personally or by mail at least 24 hours before the time of such meeting as specified in the notice to the Board members and to the person requesting a hearing before the Appeals Board. The .call and notice shall specify. the. time and place of the special meeting and the business to be transacted. No other business. shall be considered at such meetings by the Appeals Board. Such written notice may be dispensed with as to any .member who at or prior. .to the time the meeting. convenes 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-laws shall be construed Appeals Board members from holding executive sessions special meeting concerning any matter permitted by law ered in an executive session. to prevent the during a to be consid- - 3 - MAY 6 Section 405. Public Hearings on Complaints. All public hearings by the Appeals Board members required or per- mitted to be held by law shall be held during.a meeting of the Appeals'Board Members. The Appeals Board shall hold a public hearing on -complaints relating to relocation 'brought by residentsVVor other persons living within a redevelopment project area being administered by -the Agency. How- ever, the Appeals Board shall first determine whether the person filing the complaint has requested that his complaint.be reviewed •; by the Agency and whether the Agency has reviewed the matter and rendered its decision thereon. If.the complaint has not been filed with the Agency, the Relocation Board shall not conduct any hearing on the matter until it has been referred Ifirst 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 Appeals 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 California Community Redevelopment Law, the State of California Relocation Guideline, and the Agency's rules and regulations govern- ing relocation assistance and payments and, where applicable, federal relocation regulations. After the conclusion-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 Agency within thirty (30)' ' days after the f iling of .said complaint, it shall be conclusively deemed that the .Appeals Board approves of the action taken by the Agency. A copy of such findings and recommendations shall also be . transmitted to the person filing the complaint. The findings and recommendations of the Appeals Board shall be advisory only and for consideration by the Agency Members who are required to conduct a.hearing on such complaint after the.receipt of the findings and..recommendations of the Appeals.Board.or.after the above period has elapsed without receipt of such findings..and recommendations.. Section 406. ' Adjourning Meetings and Continuing. Public Hearings to Other Times or .Places The Appeals Board Members may -adjourn any meeting to a time and place specified 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 where the meeting was held within twenty-four (24) hours after the time of adjournment. 4 - MAY 6 19 Any public hearing being held (or noticed or ordered to be held) may be continued (or ordered or noticed to be continued) to any subsequent meeting in the same manner and to the same extent set forth for the adjournment of meetings; provided, that if the hear- ing is continued to a time less than twenty-four (24) hours after the time specified in the order or notice of hearing, a copy of the order or notice of -continuance of hearing shall be posted immediately following the meeting at which the order or notice of continuance was adopted or made. Section 407. Meetings to be Open and Public • All meetings of three or more Appeals Board members to take action or to deliberate concerning Appeals Board business and its conduct 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 for all other.purposes. A 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 general order of .business at Appeals Board meetings: (1) Roll Call (2) Approval of Minutes (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. i ARTICLE V. SECTION 5006'.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 amendment 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: by West Covina Relocation Appeals Board Resolution No. . -5- MA.f6 191