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RA1976/01/20ANAHEIM COMMUNITY DEVELOPMENT COMMISSION January 20, 1976, (1 :00 P.M.) Council Chamber Anaheim City Mall PRESENT: COMMISSIONERS: Kaywood, Seymour, Pebley and Thom ABSENT: COMMISSIONERS: Sneegas PRESENT: ASSISTANT CITY MANAGER: William 0. Talley ASSISTANT CITY ATTORNEY: William Hopkins DEPUTY CITY ATTORNEY: Malcolm Slaughter DEPUTY CITY CLERK: Linda D. Roberts COMMUNITY DEVELOPMENT DIRECTOR: Knowlton Fernald INTERIM ASSISTANT DIRECTOR - COMMUNITY DEVELOPMENT: Dan D'Urso Chairman Thom called the Regular meeting of the Anaheim Community Development Commission to order at 1 :00 P.M. for the purpose of sitting as the Anaheim Redevelopment Agency and the Anaheim Housing Authority. MINUTES On motion by Commissioner Kaywood, seconded by Commissioner Seymour, minutes of the regular meetings held December 30, 1975, and January 6 and 13, 1976, were approved. Commissioner Sneegas 4 absent. MOTION CARRIED. Commissioner Kaywood questioned the record pertaining to her vote on Resolution No. CDC76 -4, adopted by the Agency on January 13, 1976, stating that it was her intent to vote "no" to the resolution authorizing execution of an agreement with PBR, Inc., thus concluding her "no" vote to the motion (January 6, 1976 meeting) instructing the City Attorney to prepare same. REPORT - FINANCIAL DEMANDS AGAINST THE COMMUNITY DEVELUPMMENT COMMISSION: Demands against the Redevelopment Agency and the Housing Authority, in the amounts of $3,694.39 and $348.00 respectively, in accordance with the 1975 -76 Budget, were approved. I. ANAHEIM REDEVELOPMENT AGENCY The following matter was considered by 'the Anaheim Redevelopment Agency: ORANGE UNIFIED SCHOOL DISTRICT AGREEMENT- REQUEST FO INTERPRETATION: Deputy City Attorney Malcolm Slaughter briefed the contents of his memorandum report dated January 19, 1976 (copies furnished each Commissioner), advising that communication had been received from Mr. Harry H. Platt, Business Manager for the Orange Unified School District, requesting clarification of Section 404 of the agreement dated October 28, 1975, between the School District and the City of Anaheim for financial participation in the construction of an elementary school which would serve families within Project Alpha. He was of the opinion that there had been some misconception that the agreement restricted use of the school to residents of the Pro - ject Alpha area, however this had been resolved through discussion with School District officials. The request submitted today was whether the intent of the agreement would be met if elementary students residing within the Redevelopment Project Alpha area,generally east of Anaheim Hills Road and north of Santa Ana Canyon Road, were designated as students of the new Imperial Elementary School, but were also given the right or option to attend another adjacent school. Mr. Slaughter requested an opinion from the Redevelopment Agency. 76 -9 Community Develolment Commission Minutes - January_ 20, _1976, 1:00 P.M. Anaheim Redevelopment Agency, Continued n..�._„l . i cnc _ The ,-_ e ra �+nnnor» 1^1 -inf f n�i}�� i n nro- }n . .......�. ...� - 'r - � - ,....- - - - --- -- - - -- -- -- i - - - - - - - - - - misled into believing that the City of Anaheim is responsible for attendance zones in the Orange Unified School District, or for man- dating that attendance. He submitted for review by the Agency a letter containing excerpts from a School Board meeting at which a Dr. James M. Jenkins, member of the staff, purportedly made state- ments indicating that, as a result of the District's obtaining $500,000 from the Anaheim Redevelopment Agency to be used toward costs of constructing the new elementary school, the District would suffer a loss in tax revenues and that the agreement with the City requires that the people residing in the redevelopment area must be permitted to attend the new school. He was of the opinion that the students residing in the Project Alpha area were the joint re- sponsibility.of the Redevelopment Agency and the Orange Unified School District. Commissioner Thom further reported that Dr. Ingwerson, Super- intendent of the School District, had assured him that the wording contained in the agreement states that upon completion of the school, the District would permit utilization thereof by residents of the Project Alpha area within the boundaries of the School Dis- trict. He was sure that the Redevelopment Agency and the Orange Unified School District Board were willing to cooperate, however, the problem seemed to be that those implementing Board.:policy ,r were not cooperating with the Redevelopment Agency. He hoped it could be made clear that the Agency was not pleased with the tac- tics being used by some School District officials and that school --- boundaries were outside the jurisdiction of the Redevelopment Agency. Commissioner Kaywood recalled that during preliminary discus- sions, it had been indicated that should funds be allocated towards construction of the facility, the School District would be "on its own", if additional schools were contemplated in the future. She suggested that a joint meeting be held with officials and Board members of the School District for clarification of these matters. In response to question by Commissioner Seymour, Deputy City Attorney Malcolm Slaughter reported that to his knowledge, no funds had been forwarded to the School District as yet. Commissioner Seymour requested Mr. Slaughter's opinion as to whether the content. of Section 404 of the agreement was consistent with remarks made by Chairman Thom. Mr. Slaughter replied that although the policy set forth in the letter from the School District was consistent with the lan- guage of Article 404 and was justifiable under that language, it might seem that the Agency was influencing the attendance policies of the District if the policy were ratified. The primary reason that Section 404 was written as it was, was that prior to expendi- ture of redevelopment monies for public improvements, it must be shown that the purpose of said expenditure would be of benefit to the redevelopment area. Inasmuch as the proposed school facility was located outside the boundaries of Project Alpha, it was 76-10 Community Development Commission Minutes - January 20, 1976, 1:00 P.M Anaheim Redevelopment Agency, Continued dents in the redevelopment area. - There y was, �however, no obstacle to use of the facility by residents outside the redevelopment area. Mr. Slaughter further counseled that although it was his opinion that the School District's request could be answered as suggested by Chairman Thom, he foresaw a variety of incidents which . could arise in the future and might influence actions by the Agency pertaining to the school and residents of the redevelopment area. Commissioner Seymour was of the opinion that it is the respon- sibility of the School District to serve the same constituents who reside in that portion of the redevelopment area lying within the boundaries of the Orange Unified School District; that the responsibility of the Redevelopment Agency was not the administra- tion of the schools, but only to meet the intent of the Redevelopment law and to see that the financial tool is available to the School District to construct the facility now, rather than over a long period of years. Commissioner Thom moved that the City Attorney be instructed to prepare a letter from the Redevelopment Agency in response to communication from the School District, advising that selecting atten- dance areas is the'District's responsibility, and not of Agency; that the responsibility of the Agency is only to see that the funds are available, in accordance with terms of the agreement. Commissioner Seymour seconded the motion. Commissioner Sneegas absent. MOTION CARRIED. There being no further business before the Anaheim Redevelop- ment Agency or the Anaheim Housing Authority, Chairman Thom entertained a motion to adjourn the Community Development Commis- sion. ADJOURNMENT Commissioner Seymour moved to adjourn. Commissioner Kaywood seconded the motion. Commissioner Sneegas absent. MOTION CARRIED. ADJOURNED: 1:23 P.M. Alona M. Hougard, Secretary, Anaheim Community Development Commission. SIGNED: _,,,��,�? Deputy