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Home My WebLink About1981 026 CC RESO1981 026 CC RESO(ÌìîøRESOLUTION NO. 81-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING A RELOCATION APPEALS BOARD PURSUANT TO HEALTH AND SAFETY CODE SECTION 33417.5 WHEREAS, as provided in California Health and Safety Code, Section 33417.5, there is in each city haying a Redevelopment Agency, a Relocation Appeals Board composed of five 5) members; and WHEREAS, the members of said Board are to be appointed by the Mayor and approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Baldwin Park that: SECTION 1. A Relocation Appeals Board has been created consisting of the five 5) members of the Baldwin Park Planning Commission, SECTION 2. The said Appeals Board shall perform the duties described by the California Health and Safety Code, Section 33417.5, in accordance with the Bylaws attached hereto as Exhibit A" and made a part hereof. SECTION 3. The Bylaws shall be adopted at the first meeting of the Appeals Board and shall not thereafter be amended without the prior approval of the City Council. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, j PASSED, APPROVED AND ADOPTED /6l±s 18th day of March, 1981. //f^^r MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly approved and adopted by the City Council of the City of Baldwin Park at a Regular Meeting of the City Council on the 18th day of March, 1981 by the following vote: f AYES HOLMAN, KING, AGUILAR, McNEILL AND MAYOR WHITE_____________ NOES: NONE____________________________________________ ABSENT: NONE BIB] 37679-U01 1981-U02 026-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO10414-U03 DO10634-U03 C6-U03 RESO-U03 2/26/2003-U04 ROBIN-U04 1981 026 CC RESO(ÌìîøBALDWIN PARK RELOCATION APPEALS BOARD BY-LAWS ARTICLE I. SECTION 100. THE BOARD Section 101. Name of the Board The name of the Board shall be Baldwin Park Relocation Appeals Board the Appeals Board"). Section 102. Board Members The City Council of the City of Baldwin Park has by Resolution No. declared that a Relocation Appeals Board be created. The Members of the Appeals Board shall be resident electors of The City of Baldwin Park and shall be appointed by the Mayor, subject to the approval of the City Council. Each member appointed and their successors shall serve at the pleasure of the Mayor. Section 103. Purpose of Board The purpose of the Appeals Board is to hear complaints relating to relocation brought by residents of any redevelop- ment project being carried out by the Duarte Redevelopment Agency the Agency"). ARTICLE II. SECTION 200. OFFICERS OF THE BOARD Section 201. Designation of Officers The officers of the Appeals Board shall be the Chairman, the Vice Chairman, and the Secretary. Exhibit A" BIB] 37679-U01 1981-U02 026-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO10414-U03 DO10634-U03 C6-U03 RESO-U03 2/26/2003-U04 ROBIN-U04 1981 026 CC RESO(Ììîø 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 offi- cers permanent, acting, or temporary) as may be appropriate. The Board members may fix and determine the qualifications and duties of the Board officers. 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 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., i^n 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 law. The Secretary shall also perform all other duties incident to the office of Secretary. Section 204. Compensation of Officers The me^nbers 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 Board. 2- BIB] 37679-U01 1981-U02 026-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO10414-U03 DO10634-U03 C6-U03 RESO-U03 2/26/2003-U04 ROBIN-U04 1981 026 CC RESO(Ììîø ARTICLE III. SECTION 300. EMPLOYEES AND AGENTS nH¶Ò¯dtion 301- Employees and Agents The employees and agents of the Agency shall serve the¢¦2ò¯fls Board from time to time as reasonably requested by the Appeals Board. The Appeals Boaðƒbñ¢fll not employ separate employees and agents. ARTICLE IV. SECTION 400- MEETINGS Seåø5ë¥i 401. Annual Meetings The annual meeting of the Appeals Board shall be held at o'clo2b¢¥i the secfnd of of each year in the principal business offices of the Agenc‡wb¢žoe members of the Appeals Board may establish another meeting place or postpone the time oä2ê¯ meeting. Section 402. Regular Meetings Regular meetings shall be held at a time anŒª0î«de to be established by the Appeals Board. Section 403. Special Meetings A special ë'ö£ig may be called at any time by the Chairman or upon the written request of two ofž¶!Äkemr9<Ò1 1981 026 CC RESO(Ììîø Such notice must be delivered personally or by mail at least 24 hours before the time of such meeting as speci- fied in the notice. 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 con- venes. Section 404. Executive Sessions Nothing contained in these by-laws shall be construed to prevent the Appeals Board members from holding executive i-.^ssions during a special meeting concerning any matter per- mitted by law to be considered in an executive session. Section 405. Public Hearings on Complaints All public hearings by the Appeals Board members required or permitted to be held by law shall be held during a special meeting of the Appeals Board. The Appeals Board shall hold a public hearing on complaints relating to relocation brought by residents or other persons living within a redevelopment project area being administered by the Agency. However, the Appeals Board shall first determine whether the person filing the complaint has requested that his complaint be reviewed by the Agency's Executive Director and whether the Executive Director has reviewed the matter and rendered his decision thereon. If the complaint has not 1 en filed with the Executive Director, the Relocation Board shall not conduct any hearing on the matter until it has been referred first to the Executive Director and the Appeals Board has either received his reply, or 30 days have elapsed from the time the complaint was first received by the Executive Director. After the Appeals Board has made the above determina- tion, the Appeals Board may proceed with the hearing on the complaint of such person, and shall determine if the Agency has complied with the rules and regulations of the Agency governing relocation assistance and payments consistent with Relocations Guidelines promulgated by the State of California, as may be amended from time to time. After the conclusion of such public hearing, the Appeals Board shall transmit its findings and recommendations to the Agency Members. In the 4- BIB] 37679-U01 1981-U02 026-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO10414-U03 DO10634-U03 C6-U03 RESO-U03 2/26/2003-U04 ROBIN-U04 1981 026 CC RESO(Ììîø event that the Appeals Board fails to transmit its findings and recommendations to the Agency within 30 days after the filing 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 com- plaint 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 Txmes or Places The Appeals Board 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 24 hours after the time of adjournment. Any public hearing being held, or noticed or ordered to be held at any meeting may by order or notice of continu- ance be continued or recontinued to any subsequent meeting in the same manner and to the same extent set forth for the adjournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time speci- fied 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 declaration of continuance was adopted or made. Section 407. Meetings to be Open and Public All meetings of three or more Board members to take action or to deliberate concerning Board business and its conduct shall be open and public. All persons shall be per- mitted to attend any such meetings except as otherwise pro- vided by law. Section 408. Quorum Three members of the Board shall constitute a quorum for the purpose of conducting its business, exercising its powers/ and for all other purposes. A small number of Board members may adjourn a meeting from time to time until a quorum is present. 5- BIB] 37679-U01 1981-U02 026-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO10414-U03 DO10634-U03 C6-U03 RESO-U03 2/26/2003-U04 ROBIN-U04 1981 026 CC RESO(Ììîø Section 409. Order of Business The following shall be the general order of business at Board meetings: 1) Roll Call 2) Approval of Minutes 3) Relocation Appeals 4) General 5) Adjournment At any meeting/ the 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 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 Board and to the City Council Adopted: No. by Appeals Board Resolution 6- BIB] 37679-U01 1981-U02 026-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO10414-U03 DO10634-U03 C6-U03 RESO-U03 2/26/2003-U04 ROBIN-U04 of the Appeals Board by delivering, personally o{ by mail, written notice to eachã%ï¨br and to each local newspaper of general circulation, radio or television station requestø$Àiotice in writing, A special meeting shall be called by the Secretary of the Agency in th ¶&ô¯it that a resident or other person displaced or to be displaced by the Agency files a req]ÿ3öêaor hearing with the Board. Such special meeting shall be called by the Secretary for a tA÷%¢«id date within twenty 20) days after receipt of written request for such a hearing by taeøí$ñ£cent or other person to be displaced. 3 BIB] 37679-U01 1981-U02 026-U02 CC-U02 "ØÑ…*U02 LI3-U03 FO2126-U03 FO10414-U03 DO10634-U03 C6-U03 RESO-U03 2/26/2003-U04 ROBINÛAs¶Ç