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92-070
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City Clerk
Doc Type
Resolution
Doc #
92-70
Date
7/21/1992
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,142 <br /> <br />go <br /> <br />The District clai.ms that the plan and method of <br />relocation contatned in Sectmn D of the Report to <br />Council is "not in compliance with present State and <br />Federal statutes." Reference is made to page V-2 of the <br />"Report to the Sggta Ana City Council on the Proposed <br />Redevelopment Plan for the Santa Ana South Har),or <br />Boulevard/Fairview. Street Redevelopment Project <br />dated May 1982 which states that the Ag?.ncy, before <br />undertaking activities that will result in displacement, <br />shall adopt rules and regulations that amongst other <br />things are "appropriate to the particular actavities of the <br />Agency and not inconsistent with the act or state <br />guidelines. Said rules or regulations issued by the <br />Agency shall be promptly revised as necessary,, to <br />conform t.o any amendment of the act, the Cahfornia <br />Commumty Redevelopment Law, or the state guidelines." <br />The Agency will never be in a position to ngt be in <br />complfance with State statutes (and in fact is not required <br />to be in compllanc~ with Federal statutes) in that prior to <br />any displacement it must be determined that relocation <br />benefits wdl be provided that conform to State <br />guidelines. It is also noted that the District did not <br />substantiate why the plan and method of relocation was <br />not in compli.ance with State statutes. It is also noted <br />that the District erroneously concludes that the Agency is <br />required to be in conformance with Federal statutes. <br />The Agency is a "State agency" and as such must comply <br />with State statutes but, unless Federal funds are used for <br />a project, the Agency is not required to comply with <br />Federal statutes. <br /> <br />The discussion regarding the inadequacy of using the <br />Preliminary Plan for the. Origin. al Report dated May 1982 <br />suggests that the analys~s contained within the 1982 <br />Preliminary Report is inadequate for a discussion of the <br />Prel(.minary Plan in 1992. In making this determination, <br />the D~strict has overlooked the fact that the Agency is not <br />changing the land use designations contained within the <br />originalRedevelopment Plan. That is, the uses allowed <br />in the Project Area remain "cormnercial/industrial," <br />"parks, recreation and open space," "parks, recreational <br />and open space/alternate use: commercial/industrial," <br />"existing school," and "industry/alternate use: · <br /> <br />commercial/industrial." The same land uses contained in <br />the 1982 Plan, which was based upon the original <br />Preliminary Plan, continue to be those designated in the <br />Plan after the proposed Amendment. Therefore, it <br />would have been irrelevant and redundant for the <br />Agency to adopt a new Preliminary Plan and to prepare a <br />new analysis of the Preliminary Plan because it would <br />have been the same Preliminary Plan. <br /> <br /> <br />
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