REPORT TO THE CITY COUNCIL
October 15, 2020
FROM: JENNIFER CLARK, Director
Planning and Development Department
BY: KAREN JENKS, Administrative Manager
Housing and Community Development Division
SUBJECT
Title
***BILL NO. 49 (Intro. 10/15/2020) (For adoption) - Repealing Sections 2-1303 and 2-1309 of the Fresno Municipal Code Regarding the Housing and Community Development Commission (Subject to Mayor's Veto)
Body
RECOMMENDATION
Staff recommends approval of the Ordinance repealing Fresno Municipal Code (FMC) Sections 2-1303 and 2-1309 regarding the Housing and Community Development Commission (HCDC).
EXECUTIVE SUMMARY
FMC Sections 2-1303 and 2-1309 require that HCDC review and make recommendations to the City Council for all matters of business associated with or required for the planning, undertaking, construction, operation, or administration of a redevelopment project; and any proposed community development projects prior to City Council taking final action. The proposed Ordinance repeals FMC Sections 2-1303 and 2-1309 to dissolve HCDC and allow for such matters to be taken directly to City Council.
BACKGROUND
HCDC was created and became effective in 1976 to perform functions of a community redevelopment commission as set forth under Community Redevelopment Law of the State of California and to perform advisory functions delegated to it by the City Council. While the Redevelopment Agency of the City of Fresno has been dissolved since February 1, 2012, FMC section 2-1303 requires that HCDC make recommendations to the City Council regarding all matters of business associated with or required for the planning, undertaking, construction, operation, or administration of a redevelopment project. Specifically, the matters of business include:
1) The acquisition and disposition of real property and rights or interests therein in redevelopment project areas, including the screening and recommending of contracts with purchasers and developers of property to be marketed and disposed of by the City Council and the recommending upon developers’ plans for construction on such property;
2) Recommendation to the City Council for contracts for services and for demolition, site improvement, construction, property appraisals and other contracts, including leases, necessary or appropriate for the carrying out of authorized activities of the City Council; and
3) Any other business or activity which the City Council is authorized or required by the Community Redevelopment Law to undertake or perform.
FMC Section 2-1309 requires that HCDC also review and make recommendations to the City Council on each proposed community development project prior to City Council taking final action. Such matters of business and projects include those funded by the U.S. Department of Housing and Urban Development (HUD). City Council formed a Community Development Block Grant (CDBG) Sub-committee to review and make recommendations to the City Council regarding matters related to the allocation of federal entitlement grant funding through HUD. The CDBG Subcommittee furthermore requested staff take action to dissolve HCDC.
The City’s Citizen Participation Plan (CPP) for HUD previously included a requirement that there be two public hearings; one before HCDC and the second before City Council. The CPP was amended and subsequently adopted on May 21, 2020, to require two public hearings, one of which must be before City Council. However, the public hearing requirement before HCDC was eliminated.
The proposed repeal of Sections 2-1303 and 2-1309 of the FMC will dissolve HCDC thereby allowing matters of business associated with redevelopment or proposed community development projects to be taken directly to City Council for final action.
ENVIRONMENTAL FINDINGS
This approval is not a project for the purposes of CEQA Guidelines section 15378 and no further analysis is required.
LOCAL PREFERENCE
Local preference does not apply because this item repeals an existing ordinance.
FISCAL IMPACT
No additional General Fund appropriations are required for this repeal.
Attachment: Ordinance