SUBJECT: designation of the director and / or acting director of planning, building & code enforcement as the certifying officer recognized by the U.S. Department of housing and Urban development for implementing the national enviornmental protection act

RECOMMENDATION

Adoption of a resolution designating the Director and / or Acting Director of Planning, Building & Code Enforcement as the “Certifying Officer” recognized by the U.S. Department of Housing and Urban Development for implementing the National Environmental Protection Act in the City of San Jose.

BACKGROUND

The City currently administers the distribution of Federal Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds. Under federal statues, all projects funded by CDBG must receive environmental clearance under the National Environmental Protection Act (NEPA) as administered by HUD. While the Department of Parks, Recreation, and Neighborhood Services provides general administration of CDBG funded projects, the Department of Planning, Building, and Code Enforcement conducts environmental clearance per NEPA. Currently, James R. Derryberry, the Director of Planning, Building, and Code Enforcement, is personally designated as the “NEPA Certifying Officer,” who signs and certifies environmental clearance documents.

ANALYSIS

Mr. Derryberry will be retiring from his position as Director of Planning in July. As the current “NEPA Certifying Officer”, his retirement will leave this designation vacant since he is by name referenced. A resolution designating the “Director of Planning, Building, & Code Enforcement and / or Acting Director” as the “NEPA Certifying Officer” recognized by HUD would allow continuance of environmental clearance, and thus administration, of CDBG funded projects.

Thus, instead of designating a specific individual as the “NEPA Certifying Officer”, this resolution will designate the position of Director or Acting Director of Planning, Building, and Code Enforcement. This designation will allow environmental clearance for CDBG projects to continue, despite any personnel changes in the Director position.

PUBLIC OUTREACH

Not Applicable

COORDINATION

Coordinated with City Attorney’s Office.

JAMES R. DERRYBERRY, DIRECTOR

Planning Building and Code Enforcement