TITLE
Recommendation to receive supporting documentation into the record and conclude the hearing on consideration of declaring the City Council to be the Redevelopment Agency and either request the City Attorney to prepare Ordinance or receive and file report. (Related communications from Councilmember Val Lerch, Ninth District also provided.) (Citywide)
DISCUSSION
On August 25, 2004, the City Manager sent a memorandum to the Mayor and
City Council that discussed their role in the redevelopment process. It described his concerns regarding the lack of progress in redevelopment project areas, the disconnect between City Council interest and the direction of the Agency Board and the fact that the City Council is held responsible for redevelopment policy but has little authority over it (Exhibit A). The memorandum suggested that the City Council consider becoming the Agency Board.
On October 19, 2004, the City Council decided to hold a public hearing on
November 9 or after to discuss the advantages and disadvantages of the City
Council declaring itself to be the Redevelopment Agency. The hearing was
scheduled for November 16, 2004 at which time, after listening to public
testimony and discussing the matter, the City Council may request the City
Attorney to prepare an ordinance declaring the City Council to be the
Redevelopment Agency.
Legal Requirements
Community Redevelopment Law (CRL) Section 33200 (b) describes the process that is required for a city council to declare itself the redevelopment agency if an appointed agency board has been in existence for more than three years. The following steps are required:
0 Publish the public hearing notice during the 10 days prior to the public
hearing.
0 Post the public hearing notice throughout the redevelopment project areas
at least 10 days before the public hearing.
Mail the public hearing notice to persons who have expressed interest in
receiving information on redevelopment activities.
Prepare a report explaining the determination that the City Council will
declare itself the Redevelopment Agency. Hold a public hearing.
Approve an ordinance declaring the City Council to be the Redevelopment
Agency. As part of the City Council's Ordinance, it must make findings that: (1) the action
will serve the public interest and promote the public safety and welfare in a more effective manner than the current appointed Redevelopment Agency Board; and
(2) there has been a full public disclosure of all reports and proposals relating to
the City Council's intent to declare itself the Redevelopment Agency.
The noticing requirements for the public hearing have been met (Exhibit B) and
the report explaining the determination has been prepared and is attached as
Exhibit C. All of the legal prerequisites for the public hearing have been met.
After the public hearing, the City Council could request the City Attorney to
prepare an Ordinance declaring the City Council to be the Redevelopment
Agency.
Effective Date
Ordinances usually take effect 30 days after the second reading. If the City
Council requests the preparation of the Ordinance on November 16, 2004, it
could approve the Ordinance on November 23, 2004, and have the second
reading on December 7, 2004. The Ordinance would take effect, and the City
Council would be the Redevelopment Agency, on January 6, 2005. The City
Council could hold its first meeting as the Redevelopment Agency at its January 11,2005, regular meeting date.
Role of the Mayor
In most communities where the city council is the redevelopment agency, the
Mayor serves as the chair of the redevelopment agency. The proposed
Ordinance would include the Mayor as Chair of the Redevelopment Agency and a nonvoting member of the Board. It is also suggested that the Vice Mayor serve as the Vice Chair.
This letter was reviewed by Assistant City Attorney Heather Mahood on
November 3, 2004, and Budget Management Officer David Wodynski on
November 4.2004.
TIMING CONSIDERATIONS
City Council action on this matter is not time critical.
FISCAL IMPACT
The assumption of redevelopment authority by the City Council will have no fiscal impact assuming Agency operations remain the same. Additional fiscal impacts will be evaluated at a later time.
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
GERALD R. MILLER
CITY MANAGER