TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser - District Manager
REPORT BY: Joseph Panchesson - Engineering Technician II
SUBJECT: Napa River Napa Creek Flood Protection Project Relocation Appeals Board
RECOMMENDATION
title
Discussion and nomination of two Flood District Board Members to sit on the Napa River Napa Creek Flood Protection Project Relocation Appeals Board. (No Fiscal Impact)
body
BACKGROUND
As part of the land acquisition process, the District is required to provide relocation assistance for any property owners, tenants or business owners displaced either temporarily or permanently due to project. Relocation assistance includes, but is not limited to, reimbursement of eligible costs related to the relocation. Relocation eligibility is dictated by Federal Regulations 49 CFR 24.
District relocation experts assess the eligibility of each property owner, tenant and business owner who own, reside and/or operate on property that is being impacted by the project’s real estate acquisitions. Those who are determined eligible are provided with a Notice of Eligibility that includes a description of the resources available to them for relocation assistance. Reimbursement requests of eligible relocation costs are provided to the District staff in the form of a reimbursement claim. District staff and relocation experts review the claims to determine whether to approve, partially approve or deny the claim.
In the event there is a disagreement between the determination of District staff and the claimant, the claimant can appeal the determination. A property or business owner may also appeal their eligibility status prior to submitting a claim. The following is a description of the appeals process adopted by the Flood Board on July 18, 2000 (Resolution No. 00-11(FC)):
1. Requests for reconsideration (appeal) must be submitted to the District’s Administrator, or designee (other than the person who made the determination in question), for review and determination. A determination will be made and communicated to the occupant.
2. If the request is denied by the District’s Administrator (District Executive Officer) or designee, and the occupant feels the response from the District is inadequate or incorrect, the occupant may write a letter detailing the reasons why.
3. The District’s Administrator or designee shall again consider the appeal and shall respond to the occupant in writing within three weeks.
4. If the appeal is denied at this level, the occupant may request a meeting to discuss the claim with the District Administrator or designee. This meeting will be held within 15 days of receipt of such a request from the occupant.
5. If the appeal is again denied or if the occupant wishes to waive the meeting phase of the appeals process, the occupant may request an appeal hearing before the District’s Relocation Appeals Board. The Relocation Appeals Board will then schedule an appeal hearing within 60 days.
6. The District’s Relocation Appeals Board shall issue a written determination of review as soon as possible, but not later than six weeks from the date of the hearing, stating the decision on reconsideration of the claim. Also, the occupant will be notified that the administrative remedies, as outlined above, have been exhausted, and judicial review may be sought.
As dictated in steps 5 and 6, the District may need to assemble a Relocation Appeals Board in the event an appeal is not settled in the prior steps. District staff is recommending the Relocation Appeals Board consist of two Flood Board Members and one relocation expert.
FISCAL & STRATEGIC PLAN IMPACT
|
Is there a Fiscal Impact? |
No |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.