PURPOSE:

The purpose of this report is to provide information for the consideration of resolutions of the City Council, Redevelopment Agency, Housing Authority, and Parking Authority adopting proposed new Grievance Procedures for the Rules and Regulations for Relocation Assistance and the appointment of a new Relocation Appeals Board. 

BACKGROUND:

On October 30, 1990, the City Council, Redevelopment Agency, Housing Authority and Parking Authority adopted Rules and Regulations for Relocation Assistance, Grievance Procedures and Real Estate Property Acquisition Policies and appointed the Planning Board as the Relocation Appeals Board.  Because the State rules and regulations differed from that of the City and Agency�s, on June 24, 1997, the City, Agency, Housing Authority, and Parking Authority adopted the State Relocation Law and the State Guidelines[1] verbatim as the new Rules and Regulations for Relocation Assistance for the City of Burbank, Redevelopment Agency, Housing Authority, and Parking Authority. 

State guidelines require the City, Agency, Housing Authority, and Parking Authority to establish procedures and guidelines for processing appeals from public entity determinations as to eligibility or the amount of payment, and for processing appeals from persons aggrieved by a public entity�s failure to properly apply the adopted relocation rules.  Furthermore, a Relocation Appeals Board must be established to hear appeals filed by persons who disagree with the determination of their relocation assistance and benefits. 

On March 21, 2006, the City Council approved an acquisition strategy to accelerate the rehabilitation of multi-family properties in Focus Neighborhoods, in conjunction with the Burbank Housing Corporation.  In anticipation of increased relocation activities, staff has reviewed the current relocation procedures and is proposing the adoption of new Grievance Procedures and appointing a new Relocation Appeals Board to better reflect future possible relocation cases.  It is also proposed that these new procedures be adopted by the Housing Authority and Parking Authority, as well. 

The Rules and Regulations for Relocation Assistance govern the relocation of residential and business tenants and property owners displaced as a result of acquisition activities by public entities.  Under Health and Safety Code, Section 33417.5, the City, Agency, Housing Authority, and Parking Authority are required to establish a Relocation Appeals Board to hear appeals filed by persons who disagree with relocation determinations.  According to Section 33417.5, the Relocation Appeals Board must be comprised of five members and shall act in an advisory capacity, with powers, duties, and functions to hear complaints from displaced persons and to determine if the City, Agency, Housing Authority, and Parking Authority have complied with the provisions of applicable relocation law.  On October 30, 1990, the City Council appointed the Planning Board to serve as the Relocation Appeals Board.  

It should be noted that there have been no grievances or appeals that necessitated formal review and recommendation by the Relocation Appeals Board since 1990.  While staff hopes that remains the case, staff felt it was prudent to review and modify the procedures in light of the stepped up acquisition activities that are now anticipated to be more residentially-oriented.    

ANALYSIS:

In 1990, the City and Agency adopted Rules and Regulations for Relocation Assistance and Grievance Procedures.  Because the State�s rules and regulations differed from the City and Agency�s relocation rules and regulations, in 1997, the City Council, Redevelopment Agency, Housing Authority, and Parking Authority adopted State Relocation Law verbatim as the Rules and Regulations for Relocation Assistance.  The Grievance Procedures were not reviewed at that time.  The City Council, Redevelopment Agency, Housing Authority, and Parking Authority are being asked to consider the adoption of the following new Grievance Procedures outlined in Exhibit A. 

The stated goals of the proposed Grievance Procedures is to resolve disputes at the lowest possible administrative level while allowing the claimant an opportunity to have a full review of their case. 

The new Grievance Procedures would allow any person who believes themselves aggrieved by a relocation determination certain administrative recourse.  Within the proposed procedures, a claimant may request an informal review with the Assistant Community Development Director of Housing and Redevelopment and a formal review with the Relocation Appeals Board regarding any relocation determinations.  As provided in the procedures, the City Council may review the determination of the Relocation Appeals Board.

Relocation determinations, whether residential or commercial, have financial ramifications for the affected persons and the City, Agency, Housing Authority, and Parking Authority.  Currently, the Planning Board serves as the Relocation Appeals Board for the City, Agency, Housing Authority, and Parking Authority.  In order to fully address the many complicated factors involved in relocation decisions including potential costs and the nature of future anticipated relocation claims as set for the acquisition strategy for the Focus Neighborhoods, it is recommended that a new Relocation Appeals Board be appointed that better reflects the nature of anticipated claims. 

The proposed Relocation Appeals Board is recommended to be comprised of:

• Assistant City Manager

• Finance Director

• Chief Assistant Community Development Director

• Chair of the Landlord Tenant Commission

• Vice-Chair of the Landlord Tenant Commission

All proposed new members of the Relocation Appeals Board are specifically qualified to act as Board members by reason of their training and experience in community relations, finance, development, and housing-oriented issues.  Staff believes it is important to specifically have members with housing experience because it is anticipated that the requests for formal review and recommendation by the Relocation Appeals Board will be less related to commercial endeavors.

The Relocation Appeals Board would retain the powers, duties, and functions to hear complaints from displaced persons and to determine if the City, Agency, Housing Authority, and Parking Authority have complied with the provisions of applicable relocation law, including the proposed Grievance Procedures. 

CONCLUSION:

The City, Agency, Housing Authority and Parking Authority have previously adopted the Rules and Regulations for Relocation Assistance, including Grievance Procedures, as required by State Relocation Law.  Staff recommends the adoption of new Grievance Procedures that seeks to resolve disputes at the lowest possible administrative level while allowing the claimant an opportunity to have a full review of their case. 

State guidelines also require the establishment of a Relocation Appeals Board.  Currently, the Planning Board serves as the Relocation Appeals Board.  In light of the new acquisition strategy for residential rehabilitation in multi-family neighborhoods, it is recommended that the composition of the Relocation Appeals Board be changed.  All proposed members would be specifically qualified to act as Board members by reason of their training and experience.

FISCAL IMPACT:

Adoption of the new Grievance Procedures for the Rules and Regulations for Relocation Assistance will not result in any fiscal impact.

RECOMMENDATION:

Staff recommends that the City Council, Redevelopment Agency, Housing Authority, and Parking Authority adopt the proposed resolutions adopting new Grievance Procedures for the Rules and Regulations for Relocation Assistance and appoint a new Relocation Appeals Board.

EXHIBITS:

Exhibit A         Grievance Procedures

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