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Danette Goulet
A state appeals court’s ruling last week that the financial contract
for a Downtown redevelopment project is unconstitutional is just a bump
in the road and will not derail the project, city officials say.
But the citizen’s group that fought the plans for the project, which
is set to revamp a two-block area, considers the decision a significant
victory.
The group, Citizens Against Redevelopment, challenged the deal between
the city and the developer, CIM, on three legal points. The court ruled
in favor of the city on two disclosure issues and in favor of the
citizen’s group that a state debt-limitation law was violated.
“The one we won on, we were concerned that the city had committed
future city general fund revenues,” said Jeff Oderman, the attorney for
the group.
“The city and the Redevelopment Agency promised to contribute, by
their figures, almost $30 million in future public tax revenues,” Oderman
said. “My clients looked at those numbers and they are very low. True
numbers are twice as high. They didn’t have enough money to give away so
they promised future revenues.”
That far overstates the issues, said David Biggs, economic development
director for the city.
Fixing the problem is merely a matter of amending the financial
contract, he said, and not at all a hurdle to the project that will
revamp the two-block area hemmed in by Main Street, Pacific Coast
Highway, 5th Street and Walnut Avenue.
“It’s a technical element that violates a law about the city incurring
long-term debt and is curable in our minds,” Biggs said. “In our
discussions we’re already working on the flaw in financing. I don’t
believe it will delay the project at all.”
Biggs said that although city officials are disappointed by the
court’s decision, which does mean additional work and forces another
round of public hearings, it is by no means the blow the group suggests
it is. Reducing financing should not be a problem, he said, because the
scope of the project has already been scaled back, as the city will not
be taking over additional businesses on Pacific Coast Highway by use of
eminent domain as originally planned.
The citizen’s group still feels the project is too much for that area.
“The development approved is a huge overbuilding of that area,”
Oderman said. “The parking lot is 600 cars alone. What [Citizens Against
Redevelopment Excess] were hoping is that it would be scaled back and be
a good addition and draw to attention to Downtown, but not overwhelm
Downtown.”
Amendments to the contract are being drawn up and Biggs expects
construction on the project will still go on in late 2002 as planned.
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