84R-219
RESOLUTION NO. 84R-219
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DETERMINING CERTAIN EDUCATIONAL
AND SUPPORT FACILITIES FOR ORANGE UNIFIED
SCHOOL DISTRICT TO BE OF BENEFIT TO THE
RIVER VALLEY REDEVELOPMENT PROJECT AND THAT
NO OTHER REASONABLE MEANS OF FINANCING SAID
FACILITIES IS AVAILABLE: AND CONSENTING TO
THE PAYMENT BY THE ANAHEIM REDEVELOPMENT
AGENCY TO THE ORANGE UNIFIED SCHOOL DISTRICT
TOWARDS THE COSTS OF SAID FACILITIES
WHEREAS, the city Council of the City of Anaheim
("City Council") has previously approved the Redevelopment Plan
for the River Valley Redevelopment project: and
WHEREAS, the need to provide certain educational and
support facilities is necessary for the successful
implementation of the River Valley Redevelopment project under
the provisions of the California Community Redevelopment Law
(Health and Safety Code, Sections 33000 et seq.): and
WHEREAS, the Anaheim Redevelopment Agency ("Agency")
desires to pay toward the cost of these certain educational and
support facilities, on the terms and conditions contained in
Agreement (River Valley Redevelopment project - "Agreement")
between the Agency and orange Unified School District, a copy
of which is attached hereto as Exhibit "1"; and
WHEREAS, Section 33445 of the California Health and
safety Code requires the City Council to consent to such
payments and to determine that such facilities are of benefit
to the River Valley Project area and the immediate neighborhood
in which the project is located, and that no other reasonable
means of financing the subject facilities is available to the
community; and
WHEREAS, the City Council has held a pUblic hearing to
consider such payments, after duly publishing notice of such
hearing, and making the summary referred to in Section 33679
available for public inspection: and
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WHEREAS, the City Council has reviewed and considered
the proposed Agreement and the information contained in said
summary referred to in Section 33679, and all testimony at the
public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim as follows:
1. The City Council hereby finds and determines that
the educational and support facilities specified
in the Agreement are of benefit to the River
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Valley Redevelopment project area and the
immediate neighborhood in which the project is
located.
2. The City Council hereby finds and determines that
no other reasonable means of financing said
facilities are available to the community.
3. The City Council hereby consents to and approves
the payment of property tax increment to be made
by the Agency to the Orange Unified School
District pursuant to the Agreement toward the
cost of said educational and support facilities.
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 12th day
of June 1984.
MAy~1~
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A'rTEST:
~-;J(S-~
CITY CLERK OF THE CITY OF ANAHEIM
0072C
EXHIBITS l-].'"B,C
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 84R -219 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of June, 1984, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 84R -219 on the 12th day of June, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of June, 1984.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 84R -219 duly passed and
adopted by the Anaheim City Council on June 12, 1984.
CITY CLERK
\
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EXHIBIT "1"
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AGREEMENT
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(River Valley Redevelopment Project)
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THIS AGREEMENT is made and entered into this
day
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of
, 198__ by and between the
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ANAHEIM REDEVELOPMENT AGENCY, a public body,
corporate and pOlitic,
hereinafter referred to as "AGENCY,"
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A
N
D
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ORANGE UNIFIED SCHOOL DISTRICT,
hereinafter referred to as "DISTRICT."
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W I T N E S S E T H:
I . ( s 100) RECITALS
l. The Agency is carrying out the River Valley
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Redevelopment Project (hereinafter the "Project") pursuant to
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the Redevelopment Plan for the Project approved and adopted by
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the City Council of the City of Anaheim by Ordinance No. 4463.
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2. The said Redevelopment Plan includes a provision
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authorizing the allocation to the Agency of property taxes
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levied by all taxing agencies on the increase in the assessed
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valuation of property within the Project Area between the
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assessed valuation of said property on the 1983/84 assessment
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roll and the assessed valuation thereon shown on each
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assessment roll subsequent thereto.
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3.
A substantial portion of the land area and assessed
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valuation of the Project area is located within the boundaries
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of the District.
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4.
Consultations between the Agency and the District
reveal that the Project, by virtue of the tax allocation
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provision of the Redevelopment Plan, may have certain adverse
2 fiscal impacts on the District, depriving it of tax revenues
3 and advantages otherwise available to it.
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5.
Moreover, the continued implementation of the
5 Redevelopment Plan will contribute to the need to attract new
6 residents to the immediate neighborhood of the Project area to
7 work in the industrial and commercial establishments which will
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be developed in the Project area.
Such increase in residential
9 population will result in an increase in student enrollment in
10 the District which will in turn contribute to the District's
11 need for new and improved educational and support facilities of
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various types.
The continued availability of quality
13 educational opportunities in and around the Project area is an
14 important factor (1) to serve students living in the immediate
15 neighborhood in which the Project is located, and (2) to
16 attract additional private investment into the Project area for
17 development and thus assist in the implementation of the
18 Redevelopment Plan.
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6.
The Agency is authorized by Section 33401 of the
20 Health and Safety Code to compensate affected taxing entities,
2] including the District, for any amounts of money which the
22 Agency determines are appropriate to alleviate any financial
23 burden or detriment caused by the Redevelopment Project.
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7.
In addition, the Agency is authorized by Section 33445
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of the Health and Safety Code, with the consent of the City
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Council of the City of Anaheim, to pay all or part of the value
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of the land and the cost of the installation and construction
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of any bUilding, facility, structure, or other improvement
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(hereinafter sometimes referred to as the District
"facilities"), owned or to be owned by the District, whether
within or without the Project area, upon a determination by the
City Council of the City of Anaheim that such buildings,
facilities, structures, or other improvements are of benefit to
the Project area or the immediate neighborhood in which the
project is located and that no other reasonable means of
financing such buildings, facilities, structures, or other
improvements are available to the community (the "community" as
defined in the Community Redevelopment Law means the City of
Anaheim).
8. The purpose of this Agreement is to provide for
appropriate payments to be made by the Agency to the District
in order:
(1) to alleviate any financial burden or detriment
caused to the District by the allocation of funds to the Agency
from certain tax levies: and (2) to assist the District by
paying for all or part of the cost of certain District
facilities which are of benefit to the Project area or the
immediate neighborhood in which the Project is located and for
which no other reasonable means of financing is available to
the community.
NOW, THEREFORE, in consideration of the foregoing, and for
their mutual advantage and concern, the parties do hereby agree
as follows:
II. (S 200) PAYKENT TO THE DISTRICT
A. (S 201) Payment for Facilities
The City and Agency have found by resolutions that the
facilities listed and described in Exhibit "A" and located
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generally as shown in Exhibit "B" (both of which are attached
hereto and incorporated herein by this reference) will benefit
the project area and the immediate neighborhood in which the
project is located and that no other reasonable means of
financing such facilities is available to the community. The
Agency and the District desire to have the Agency provide
financial assistance to the District for the purchase of land
and the construction and installation of those District
facilities listed in Exhibit "A" in the manner set forth in
Sections 202-208.
B. (S 202) Amount of Payment
For each fiscal year commencing in 1987-88 and continuing
through the fiscal year in which the project is terminated or
expires, the Agency hereby agrees to pay to District a sum
equal to 9.65% of the "property tax revenues", as that term is
hereinafter defined, actually received by the Agency from the
incremental assessed valuation of that portion of the Project
area within the District's boundaries.
As used in this
Agreement, the term "property tax revenues" shall only
include:
(1) all ad valorem property taxes allocated and paid
to the Agency pursuant to Article XVI, Section 16 of the
California Constitution and Health and Safety Code Section
33670, ~~, and (2) identifiable California State
legislative supplements to or substitutes for ad valorem
property tax.
Provided, however, by way of example and not of
limitation, that the term "property tax revenues" as used
herein shall not include:
/
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(1) Revenues, funds, monies, awards, loans, grants or
credits whose source, directly or indirectly, is
the Federal Government; nor,
(2) Any monies or funds received from any other
public source (State, County, Municipal, or
other~ise) as a result of any loan, grant, or
award, or similar payment1 nor
(3) Any public funds, or assessment, received by the
Agency upon a condition, limitation or
restriction that precludes use of such funds for
payment to the District pursuant to this
Agreement1 nor
(4) Proceeds from disposition of any real or personal
property: nor
(5) Proceeds from the' sale of bonds or loan
agreements.
(6) Tax revenues received by the Agency as a result
of taxes levied to retire voter approved
indebtedness.
Provided further, that nothing in this Agreement shall be
deemed to limit the City's or Agency's right to terminate the
Project earlier than the date set forth in the Redevelopment
Plan adopted in Ordinance No. 4463 so long as all accrued
indebtedness to the District has been paid prior to termination.
(S 203)
c.
Limitation on Payments
Notwithstanding any other provision of this Agreement to
the contrary, the Agency's obligation to make payments to the
District pursuant to this Agreement shall be limited in any
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fiscal year to the amount of property tax revenues paid to the
Agency which would have been paid to the District, but for the
existence of the project.
Such limitation on the Agency's
obligation shall be deemed to be the sum of the amounts paid to
the Agency in any fiscal year:
(1) from the levy of all
District tax rates on the incremental assessed valuation of
that portion of the Project area within the District's
boundaries for such fiscal year; (2) from the District's
portion of any property tax rate levied by any other public
agency on behalf or to the benefit of the District (including,
without limitation, the District's portion of the property tax
rate currently authorized to be levied by the County of Orange
under Revenue and Taxation Code Section 93(b)), with such rate
being applied to the incremental assessed valuation of that
portion of the project area within the District's boundaries
for such fiscal year: and (3) from the District's portion of
any identifiable legislative supplements to, or substitutes
for, ad valorem property tax on the incremental assessed
valuation of that portion of the Project area within the
District's boundaries.
provided further, that the Agency shall have no obligation
to make payments to the District in any fiscal year to the
extent that the District is legally precluded under Article
XIII.B of the California Constitution from appropriating such
revenues.
(S 204)
D.
Payment Procedure
On or before July 31, 1988, the District shall establish a
special fund entitled the "River Valley Facilities Fund"
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(hereinafter the "Fund").
The District shall credit to the
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Fund any payments received from the Agency pursuant to Section
202. Commencing with fiscal year 1987-1988 and annually
thereafter, through the fiscal year in which the project is
terminated or expires, the Agency shall pay to the District on
July 31 following such fiscal year 9.65% of the property tax
revenues generated from that portion of the Project area within
the District's boundaries actually allocated and paid to the
Agency for such preceding fiscal year; and, thereafter, 9.65%
of any other property tax revenues paid to the Agency from said
portion of the project area for such preceding fiscal year
within 30 days after the same have been actually received by
Agency. For purposes of this Agreement, the fiscal year shall
run from July 1 to June 30.
In the event .Agency, after payment to the District as set
forth above, shall be required to refund or return any property
tax revenues from which the District's payments were derived or
suffer an offset or credit against future property tax revenues
on account thereof, the District shall refund, return or allow
a credit (whichever alternative the Agency selects to the
extent the District has uncommitted revenues in the Fund) to
Agency in the amount of 9.65% thereof.
To the extent the
District is unable to refund amounts due, such amounts shall be
deducted from future years payments by the Agency to the
District.
(S 205)
E.
Income from Fund
All income, whether by interest or otherwise, earned by the
Fund shall be the property of the District and shall be used
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for the same purposes as the principal pursuant to this
Agreement.
(S 206)
F .
Use of Funds
The District shall not make any expenditure from the Fund,
nor incur any liability to be paid from said Fund, except to
pay all or part of the value of the land for and/or the cost of
the installation and construction of the District buildings,
facilities, structures, and other improvements listed in
Exhibit "A," or such other District facilities as the City and
Agency may hereafter approve with appropriate findings by
resolution pursuant to the Community Redevelopment Law.
The District agrees to provide to the Agency not later than
September 15 of each fiscal year during the term of the
Redevelopment Plan an accounting of expenditures made and
liabilities incurred during the preceding fiscal year with
respect to funds paid to the District pursuant to this
Agreement.
Said accounting shall specify the amounts spent or
encumbered for the respective District buildings, facilities,
structures and other improvements designated in Exhibit "A,"
describe generally the status of planning, design and
construction thereof, and contain a certification that the
funds provided by the Agency hereunder have been expended or
encumbered in compliance with the requirements of this
Agreement.
(S 207)
G.
Subordination
Notwithstanding any other provision of this Agreement to
the contrary, the District's right to payment from the Agency
under Article II of this Agreement in and for any fiscal year
shall be subordinated to:
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(1) The rights of the holder or holders of any bonds,
notes, or other bona fide instruments of
indebtedness of the Agency issued to pay for
those types of pUblic improvement projects within
or outside the project area specifically listed
in Exhibit "C" (which is attached hereto and
incorporated herein by this reference), but with
respect to such improvements outside the Project
area, only to the extent the cost thereof does
not exceed an amount equal to ten percent (10%)
of the cost of the improvements within the
project area, and
(2) All other costs and expenses reasonably incurred
by the Agency in furtherance of the public
improvement projects described in paragraph (1)
above.
(S 208)
H.
Deferral and Discharge of Payment Obligation
If, after payment by the Agency of all priority
indebtedness referred to in Section 207 (including without
limitation all interest, principal, reserve requirements and
similar obligations), the Agency has insufficient property tax
revenues remaining to pay to the District its full 9.65% share
thereof, then the unpaid balance shall be cumulated from year
to year (without interest) and shall be paid from the next
available funds in succeeding fiscal years.
In the event that
tax increment revenues received by the Agency in any fiscal
year are insufficient to pay in full competing claims of the
District and other taxing agencies to which the Agency has
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agreed to make the payments authorized by Section 33401 and/or
2 Section 33445 of the California Community Redevelopment Law,
3 then the Agency shall pay to the District for the applicable
4 fiscal year an amount equal to the total tax increment funds
5 available for payment to all such taxing agencies, multiplied
6 by a fraction, the numerator of which is the outstanding
7 balance then owed to the District hereunder and the denominator
8 of which is the outstanding balance then owed to all such
9 taxing agencies (including the District).
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Upon the termination or expiration of the Redevelopment
II Plan, any remaining balance owed by the Agency to the District
12 shall be forgiven.
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I I I .
(S 300)
ADDITIONAL TERMS AND PROVISIONS
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A.
(S 301)
Renegotiation of Payment Obligation
15 In the event that, in any future fiscal year(s) during the
16 term of this Agreement, either (1) the current system of state
17 school district financing changes such that the District is
18 adversely affected by the allocation and payment to the Agency
19 of property tax revenues which, but for the adoption of the
20 Redevelopment Plan, would have been paid to the District, or
21 (2) the current system of state tax increment financing changes
22 such that the Agency is adversely affected by payment to the
23 District pursuant to this Agreement, the Agency and District
24 agree to negotiate in good faith regarding an equitable
25 adjustment of the parties' obligations under this Agreement.
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B.
(S 302)
Agency Indebtedness
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The obligations of the Agency under this Agreement
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constitute an indebtedness of the Agency for the purposes of
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carrying out the Redevelopment Plan for the Project area, which
indebtedness is payable out of and only out of taxes levied by
local taxing agencies in the Project area and paid to the
Agency under Section 33670 of the Health and Safety Code.
C. (S 303) Indemnity: Insurance
District agrees to indemnify and hold the Agency and the
City of Anaheim harmless from all claims, expenses, damages and
liability for any injury or damage to persons or property
arising from the construction or operation of any bUilding,
facility, structure, or other improvement designated for Agency
financial assistance under this Agreement and made against
Agency and/or the City of Anaheim as a result of the payment of
funds or other performance under the Agreement.
D. (S 306) Legal Fees
In the event either party to this Agreement is required to
institute litigation to enforce its legal rights arising out of
this Agreement, the prevailing party in such action shall be
entitled, in addition to its other relief, to recover
reasonable attorney fees.
(S 305)
E.
Entire Agreement
This Agreement constitutes the entire understanding and
agreement between the parties and supersedes all previous
negotiations between them.
It is the intent of the Agency and
District that the payments herein provided constitute a full,
complete, fair and equitable adjustment for all financial and
other impacts which have resulted or may result during the term
of this Agreement from the Project or any amendment thereto
which does not add to the area within the District, and for
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which Agency may make payments to District under the California
2 Community Redevelopment Law, Health and safety Code Section
3 33000, et ~
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F.
Dismissal of Action
(S 306)
5 District has filed a legal action challenging the validity
6 of the adoption of the River Valley Redevelopment Project,
7 among other things: Case No. 42-07-06 Superior Court of the
8 State of California, County of Orange. District agrees to
9 dismiss such action. This Agreement shall only become
effective if and when such action is dismissed as to all
parties.
If the action has not been dismissed as to all
12 parties within fifteen (15) days after execution of this
13 Agreement by the Agency, the Agency may terminate this
14 Agreement by written notice to the District.
15 /
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IN WITNESS WHEREOF, the parties hereto have caused this
2 Agreement to be executed on the date first hereinabove written.
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ORAij.CE UNIFIED
,
(' ';,/ ",';/
,__ ,.f
, ,/ -
/
BY/
Date:
Apri I 5, 1984
SCHOOL DISTRICT
L' bit
&inl
" -----
/
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ANAHEIM REDEVEtOPMENT AGENCY,
a public bOdy,
Date:
By:
Chairman
11 ATTEST:
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Date:
By:
Secretary
EB:dw
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EXH J B IT "A"
ORANGE UNIFIED SCHOOL DISTRICT OUTLAY PROJECTS
SANTA ANA CANYON AREA
"-
FACILITY/EXISTING
Anaheim Hills Elementary School, 6450 E. Serrano, Anaheim
Crescent Elementary Sc~ool, 5125 Gerda Drive, Anaheim
Imperial Elementary School, 400 S. IlT1>erial, Anaheim
Nohl Canyon Elementary School, 4100 Nohl Ranch Road, Anaheim
Riverdale Elementary Sthool, 4540 Riverdale, Anaheim
El Rancho Junior High School, 181 S. Del Giorgio Drive, Anaheim
Vista del Rio Junior High School, 5001 Gerda Drive, Anaheim
Canyon High School, 220 S. IlT1>erial Highway, Anaheim
Canyon Hills (TMR) School, 260 S. IlT1>erial Highway, Anaheim
O.U.S.D. District Office
M.O.T. Facility (Maintenance, Operations & Transportation)
DESCRIPTION
Work included in these facilities would consist of upgrading of major
building components, al1ld/o-r replacement thereof, including, but not
I imited to, the following: roofing, asphalt paving, communications
systems, painting, floor covering, plumbing and electrical. Also
included would be the acquisition and installation of portable class-
rooms. .
ESTIMATED COST
$7,000,000.
BENEFIT TO THE PROJECT AREA AND IMMEDIATE NEIGHBORHOOD
These facilities will serve the project area and the immediate neighbor-
hood at all grade levels. They will provide space for many years to
accommodate the increased student enrollment brought about by the redevel-
opment of the project area while permanent sites are acquired and new
schools are planned and built to serve the area.
FAC III TV/NEEDED
One (I) high school
-- DESCRIPTION
Acquire 40 acres of property
Construct a 155,000 sq. ft. facility
... .
.
EXHIBIT "A"
(Continued)
ESTIMATED COST
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$21,175,000.
FAe ILlTY/NEEDED
Three (3) junior high schools
\i
OEseR I PTlON
Acquire three (3) 20-acre sites
Construct an 80,000 sq. ft. facil ity on each site
ESTIMATED COST
$2~,800,OOO.
FACILITY/NEEDED
Seven (7) elementary school
DESCRIPTION
Acquire seven (7) to-acre sites
Construct a 32,000 sq. ft. facitity on each site
ESTIMATED COST
$27,440,000.
BENEFIT TO PROJECT AREA AND IMMEDIATE NEIGHBORHOOD
t
~
Thes\ facil ities witt serve the project area at att grade levels. They.
will provide space for students brought about partly by redevelopment
of the project area.
$
RFL:mhw
1-31-84
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Anaheim Redevelopment Agency
Orange Unified School District
FACILITIES BENEFITING FROM AGENCY ALLOCATION
OF TAX INCREMENT
Map Key No.
Facility
1
Anaheim Hills Elementary School
2
Crescent Elementary School
3
Imperial Elementary School
4
Nohl Canyon Elementary School
5
Riverdale Elementary School
6
El Rancho Junior High School
7
vista Del Rio Junior High School
8
Canyon High School
9
Canyon High School
10
O.U.S.D. District Office
11
M.O.T. Facility
I
.
.,
EXHIBIT "cn
-
PUBUCIMPROVEMENTS
Street
Improvements
Signalization
Street
Lighting
Storm
Drains
Utili ties
Grading and
Slope Landscaping.
Levees
Flood Control Channels
Landfill
Sewers
-