1990-226-Adopting Relocation Grievance ProceduresRESOLUTION 1990 - 226
RESOLUTION OF THE TOWN OF LOS GATOS
ADOPTING RELOCATION GRIEVANCE PROCEDURES
WHEREAS, Section 6150 the California Relocation Assistance and Real Property
Acquisition Guidelines (California Code of Regulations Title 25, Section 6000 et seq.)
requires the Town of Los Gatos to establish grievance procedures for processing complaints
regarding the relocation of residents due to public project; and
WHEREAS, it is necessary to set forth the specific provisions for processing
relocation appeals;
NOW THEREFORE, the Town of Los Gatos does hereby approve and adopt
"Procedures for Processing Relocation Appeals ", attached hereto as "Exhibit "A ".
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of November, 1990 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton
Brent N. Ventura, Mayor Thomas J. Ferrito
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
jLOAYOR OFT TOWN OF LOS GATOS
S GATOS, ALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
PROCEDURES FOR THE PROCESSING OF RELOCATION
APPEALS FOR THE TOWN OF LOS GATOS
Pursuant to the California Relocation Assistance and Real Property Guidelines
(California Code of Regulations, Title 25, Section 6000 et seq.) and the Relocation
Assistance Guidelines of the Town of Los Gatos the, Town of Los Gatos (hereinafter
"Town ") is required to adopt procedures for the processing of appeals from Town
determinations as to: (1) eligibility, (2) amount of relocation payment, and (3) procedures
for the processing of appeals from persons aggrieved by the Town's possible failure to refer
them to comparable permanent or adequate temporary replacement housing. Therefore,
the following sections hereby set forth procedures for processing relocation appeals:
1. RIGHT OF REVIEW
A. Any complainant, that is any person who believes they are aggrieved by a
determination as to the issues above, may at their election have their claim
reviewed by the Town Manager in accordance with the procedures set forth
below.
B. A person or organization directly affected by the Relocation Plan may petition
the California Department of Housing and Community Development to
review the final Relocation Plan to determine if the Plan is in compliance
with state laws and guidelines or review the implementation of the Relocation
Plan to determine if the Town is acting in compliance with its Relocation
Plan.
2. NOTIFICATION TO COMPLAINANT
If the Town denies or refuses to consider a claim, the Town's notification to
the complainant of its determination shall inform the complainant of its reasons and
the applicable procedures for obtaining review of the decision. If necessary, the
notification will be provided in a language other than English.
3. STATES OF REVIEW BY THE TOWN
A. Request for Further Written Information
Upon request by complainant, the Town shall provide a written
explanation of its determination and the basis therefore, if complainant feels
the determination was incorrect or inadequate. The Town shall provide such
written explanation to complainant within three weeks of its receipt of the
request.
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B. Informal Oral Presentation
(1) The complainant may request an informal oral presentation before
seeking formal review and reconsideration. The request for informal oral
presentation shall be filed in accordance with subsection (D) of this section.
(2) Within fifteen (15) days of the request the Town shall afford the
complainant the opportunity to make such a presentation.
(3) The complainant may be represented by an attorney or other person
of their choosing.
(4) This oral presentation and discussion will be before the Town Manager
who has the authority to revise the initial determination on the claim.
(5) The Town shall make a summary of the matters discussed in the oral
presentation to be included as part of its file.
(6) The right of formal review and reconsideration shall not be conditioned
upon requesting an oral presentation.
C. Written Request for Review and Reconsideration
(1) At any time within the period described in subsection (D) a
complainant may file a written request for formal review and reconsideration.
(2) The complainant may include in the request for review and
reconsideration any statement of fact within the complainant's knowledge or
belief or other material which may have a bearing on the appeal.
(3) If complainant requests more time to prepare additional material for
review, the Town may grant more time if complainant demonstrates a
reasonable basis.
D. Time Limit for Request Review
Complainant must make request to Town for formal or informal review
within eighteen (18) months following the date the complainant moves from
the property or the date complainant receives final compensation for the
property, whichever is later.
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4. FORMAL REVIEW AND RECONSIDERATION BY THE TOWN
A. General
The Town shall consider the request for review and shall decide
whether a modification of its initial determination is necessary. This review
shall be conducted by the Town or an impartial authorized designee. (The
designee may be a committee.) The Town Manager or designee shall have
the authority to review the initial determination or the determination of a
previous oral presentation. The Town shall consider every aggrieved person's
complaint regardless of form and shall, if necessary, provide assistance to the
claimant in preparing the written claim. When a claimant seeks review, the
Town shall inform the claimant of the right to be represented by an attorney,
to present their case by oral or documentary evidence, to submit rebuttal
evidence, to conduct such cross - examination as may be required for a full and
true disclosure of facts, and to seek judicial review once the claimant has
exhausted administrative appeal.
B. Scope of Review
The Town shall review and reconsider its initial determination of the
claimant's case in light of:
(1) all material upon which the Town based its original determination
including all applicable rules and regulations, except that no evidence shall
be relied upon where a claimant has been improperly denied an opportunity
to controvert the evidence or cross - examine the witness;
(2) the reasons given by the claimant for requesting review and
reconsideration of the claim;
(3) any additional written or relevant documentary material submitted by
the claimant; and
(5) any further information which the Town, in its discretion, obtains by
request, investigation, or research to ensure fair and full review of the claim.
C. Determination on Review by Town
The determination on review by the Town shall include, but is not
limited to:
(1) the Town's decision on reconsideration of the claim;
(2) the factual and legal basis upon which the decision rests, including any
pertinent explanation or rationale;
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(3) a statement of the claimant of the right to further administrative
appeal, if the Town has such an appeal structure or, if not, a statement to the
claimant that administrative remedies have been exhausted and judicial review
may be sought; and
(4) the determination shall be in writing with a copy provided to the
claimant.
D. Time Limits
(1) The Town shall issue its determination of review as soon as possible
but no later than six (6) weeks from receipt of the last material submitted for
consideration by the claimant or the date of the hearing, whichever is later.
(2) In the case of a complaint dismissed for untimeliness or for any other
reason not based on the merits of the claim, the Town shall furnish a written
statement to the claimant stating the reason for the dismissal of the claim
as soon as possible but no later than two (2) weeks from receipt of the last
material submitted by the claimant or the date of the hearing, whichever is
later.
5. REFUSALS TO WAIVE TIME LIMITATION
Whenever the Town rejects a request by a claimant for a waiver of the ninety
(90) day notice to vacate time limit, a claimant may file a written request for review
of this discussion in accordance to section 3 (States of Review by the Town) and 4
(Formal Review and Reconsideration by the Town), except that such written request
for review shall be filed within ninety (90) days of the claimant's receipt of the
Town's determination.
6. RECOMMENDATION BY THIRD PARTY
Upon arrangement between parties mutually acceptable, a third party may
review the claim and make advisory recommendations to the Town Manager or
designee for their final determination. The third party shall be guided by the
provision set forth here.
REVIEW OF FILES BY CLAIMANT
Except to the extent the confidentiality of material is protected by law or
disclosure is prohibited by law, the claimant may inspect all files and records bearing
upon their claim or prosecution of their grievance. If claimant is improperly denied
access to any relevant material bearing on their claim such materials may not be
relied upon in reviewing the initial determination.
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8. EFFECT OF DETERMINATION ON OTHER PERSONS
The principles established in all determinations by the Town shall be
considered as precedent for all eligible persons in similar situations regardless of
whether or not a person has filed a written request for review. All determinations
shall be kept on file and available for public review.
9. RIGHT TO COUNSEL
Any aggrieved party has a right to representation by legal or other counsel
at their expense at any and all stages of the proceedings set forth in these sections.
10. STAY OF DISPLACEMENT PENDING REVIEW
If a complainant seeks to prevent displacement, the Town shall not require
the complainant to move until at least twenty (20) days after it has made a
determination and the complainant has had an opportunity to seek judicial review.
In all cases the Town shall notify the complainant in writing twenty (20) days prior
to the proposed new date of displacement.
11. JOINT COMPLAINANTS
Where more than one person is aggrieved by the failure of the Town to refer
them to comparable permanent or adequate temporary replacement housing, the
complainants may join in filing a single written request for review. A determination
shall be made by the Town for each of the complainants.
12. JUDICIAL REVIEW
Nothing in these Procedures shall in any way preclude or limit a claimant
from seeking judicial review of a claim upon exhaustion of such administrative
remedies as are available under these Procedures.
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