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document, s in any way prohibited the Fiscal Review Committee <br />from analyzingthe iml~act of.the proposed redevelopment <br />project upon the affected tatung entities. The Agency <br />presented the original Redevelopment Plan, su .mm..arized <br />information of revenues collected to date., the origi.n, al EIR for <br />.the project adoption, the Report to the City Council prepared <br />in connection with adoption of the Redevelopment Plan, and <br />other documents that were directly related to the project, its <br />objectives, and its financial parameters. <br /> <br />"Fgilure to Negotiate in Good Faith" <br /> <br />Objection: The Di.strict objects that the "only meeting of <br />me~aningful discussion and negotiation of an offer of impact <br />mitigation was conducted on June 2, 1992" (page Process 9), <br />and the scheduling of this meeting after the notice of public <br />hearing was published is in violation of the provisio.m, of <br />Section 33328 of the Health and Safety Code. Additionally, <br />the District objects to the'sumn?ary language used by the <br />Agen.cy i.n the Repor. t to Counc. d regarding .negotiations with <br /> - "~ ndoes <br />the District and particularly objects to the hume <br />portrayed by the language" (page Process-12). <br /> <br />Response: Section 33328 of the Health and Safety Code <br />reqfiires that the Agency "shall consult with each taxing agency <br />which levies taxes...with respect to the. Plan and allocation of <br />taxes..." (underline added). The District's objection that the <br />Agency did not properly comply with this section seems to be <br />dependent upon the definition of the wor.d "consult." Agency <br />staff maintains that there were "consultations" between the <br />Agency and all taxing entities, particularly through the fiscal <br />review process, prior to notice of the hearing. Although the <br />Agency may have waited until late May to early June to <br />present offers for alleviation of detriment to the various taxing <br />entities, the law does not state t.hat the Agenc~ must "make <br />offers to alleviate detriment" prior to publication of the notice <br />of hearing. From a practical standpoint, the FRC report was <br />transmitted to t.he .Agency on May 15, 1992. I.t was at that time <br />that all of the districts formally presented their findings of <br />fiscal detriment. The Agency then had to analyze all of those <br />reports in order to respond to each entity's findings. Agency <br />staff appr. oached the subsequent negotiations in a consistent <br />manner, i.e., the Agency attempted to make offers to alleviate <br />fiscal detriment based upon development scenarios which were <br />consistent as opposed to using the various de.v.elopment <br />scenarios presented by the various taxing entities. <br /> <br />Agency staff is not of the opinion that presenting[ the Ag.ency's <br />offer to alleviate detriment on June 2, 1992 was tn violation of <br />the H. ealth and Safety Code. The Agency consulted with the <br />District numerous times during the fiscal review process via <br />telephone and correspondence and, therefore, complied with <br />Health and Safety Cod? Section 33328 requiring the Agency to <br />"consult" with the District. <br /> <br />5 <br /> <br />I <br /> <br /> <br />