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92-070
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1/3/2012 12:31:32 PM
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City Clerk
Doc Type
Resolution
Doc #
92-70
Date
7/21/1992
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446 <br /> <br /> Section 33352 shall be prepared and made available to the <br /> public prior to the hearing on such amendment." Therefore, it <br /> ~s concluded that the 33353.7 report was properly prepared and <br /> transmitted. <br /> <br />Section 2: "Lack of Substantiation of Blight" <br /> <br />The following responses also address those written objections <br />contained in the script presented at the hearing by Carol Enos entitled <br />"Existence of Blight." <br /> <br />Obiection: That the Agency has provided "no documentation of <br />sul~stantial evidence to show that the Project Area as of the date of <br />the Amendment is blightedpursuant to Section 33030, 33031, and <br />33032 of the Health and Safety Code" (page Blight-5). The District <br />indicates that, th. erefore, the City Council cannot make the findings as <br />set forth in Section 33367(d)(1), (2), (3), (5), (9), (10), (11), and (12) <br />of the Health and Safety Code.~ <br /> <br />Resoonse: Ther.e is no legal requirement that the Agency provide an <br />update on the blight conditions. In Ordinance No. NS-1638, which <br />adopted the South Harbor Redevelopment Plan, the Agency was <br />required to find and determine [hat the Projec.t Ar.ca was blighted, <br />Section 33368 provides "the dec~sion of the legislative body shall be <br />final and conclusive, and it shall thereafter b..e conclusively presumed <br />that the project area is a blighted area as defined by Sections 33031 or <br />33032..." Thus, the Project Area has been and remains conclusively <br />presumed to be b!ighted. Moreover, nothing in the statutory <br />provisions govermn~g the rede. velopment plan amendment process <br />alters the presumption contmned in Section 33368. Health and Safety <br />Code Sectlon 33457(1) states that the reports and information <br />required by Section 33352 as well as the findings required by Section <br />33367 shallbe prepared and made "to the extent warranted by a <br />proposed amendment to a. redevelopment plan." Thus, new findings <br />of blight are not required In the plan amendment process. It should <br />also be noted that the entire financing structure provided by <br />redevelopment law is based upon the idea that blighted properties will <br />be redeveioped, reassessed, and will generate higher levels of <br />property tax increment needed to finance the redevelopment project. <br />If redevelopment a~encie, s were required to delete redeveloped <br />properties from their project areas, project financing would be <br />impossible. Additionally, the District has overlooked the information <br />.contained in Section A of the Report to Council which specifically <br />~dentifies for e. ach improvement to be undertaken by the project, the <br />specific blighting condition, as documented in the 1982 Report to <br />CoUncil that will be addressed. It concluded, therefore, that the <br />Agency's documentation does not take a "position that tax increment <br />financing and blight are separate and distinct." In fact, the Agency <br />directly correlates the need and use of tax increment to alleviate <br />blighting conditions in the documentation prepared in conjunction <br />with the Amendment. The District also makes the conclusionary <br />statement that "no evidence has been provided that private enterprise <br />acting alone coul.d not accomplish the redevelopment of the project <br />area." Nowhere in the documentation does the District present how <br /> <br />16 <br /> <br /> <br />
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