HomeMy WebLinkAboutRES NO 92-90RESOLUTION NO. 92-90
A RESOLUTION OF THE COUNCIL OF THE CITY
OF BAKERSFIELD SETTING FORTHTHEAPPEAL
PROCEDURE FOR APPLICANTS FOR RELOCATION
PAYMENTS UNDER THEUNIFO~RELOCATION
ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT OF 1970.
WHEREAS, Advisory Circular No. 150/5100-11, issued by
the Federal Aviation Administration on February 10, 1975,
provides guidance to sponsors of airport development projects
under the Airport Development Aid Program (ADAP); and
WHEREAS, the Advisory Circular provides a procedure for
appeal by an applicant for a relocation payment who is aggrieved
by a determination as to the applicant's eligibility for payment
or to the amount of the relocation payment; and
WHEREAS, the Council wishes to adopt that procedure to
allow applicants for a relocation payment to appeal a
determination as to eligibility for payment or the amount of the
relocation payment.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. An applicant for a relocation payment who is
aggrieved by city department's determination as to the
applicant's eligibility for payment or to the amount of the
relocation payment may request a review of that determination by
the department making such determination. This request shall not
be considered an appeal, and no formal appeal procedures need be
followed. If the request for review is rejected by the
department, the applicant shall be so advised in writing and
shall be provided with the formal appeal procedure.
2. An applicant for a relocation payment who is
aggrieved by city department's determination as to the
applicant's eligibility for payment or to the amount of the
relocation payment may appeal that determination in accordance
with the following procedures:
A. The applicant may appeal the decision in writing
to the city manager by presenting such appeal in writing to the
city manager.
ORIGINAL
B. The appeal shall include the decision appealed
and specific reasons why the appellant believes the decision or
action appealed from should not be upheld, and appellant's
address for purposes hereof.
C. The city manager shall set the date for hearing
the appeal. Notice of the date, time and place of the appeal
hearing shall be given to the appellant at least ten days prior
to the date set therefor by mailing, through the United States
mail; provided, however, such hearing may be held after less than
ten days' notice at appellant's request.
D. At the appeal hearing, the appellant shall have
the opportunity to make an oral presentation to the city manager.
E. Following the hearing and within five days
thereafter, the decision of the city manager shall be sent in
writing to the appellant by United States mail addressed to
appellant at the address specified on the appeal.
F. The decision shall include a statement of the
reasons upon which it is based.
G. The city manager shall retain all documents
associated with each appeal.
H. The appellant may appeal the decision of the
city manager to the city council by filing an appeal in writing
to the city clerk. Such appeal shall contain the information
required in Subsection B., above.
the appeal.
above.
I. The city clerk shall set the date for hearing
Notice shall be given as provided in subsection C.,
J. At the hearing, the appellant shall be given an
opportunity to make an oral presentation to the city council.
K. Following the hearing and within five days
thereafter, the decision of the city council shall be sent in
writing to the appellant by United States mail. Such decision
shall contain a statement of the reasons upon which it is based.
.......... o0o ..........
ORI(~INAL
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on JUl 1 1 }§§0 , by the
following vote:
AYES, COUNCILMEMBERS: EDWARDS DeMOND. SMITH. 8RUNNI, PETERSON. McDERMOTT. SALVAGGIO
NOES, COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and EX OFFICIO CLERK of
Council of the City of Bakersfield
the
APPROVED JUL ~ J t9~"
CLARENCE E.
Mayor of the City of Bakersfield
APPROVED as to form:
/] /
City Att(orn~f the~ of Bakersfield
LCM/meg
RELOAPPL. RES
6/25/90