RA1993/09/14Anaheim Civic Center, ANAHEIM REDEVELOPMENT AOENCY
September 14t 1993t 5=00 P.M.
PRESENT:
ABSENT:
PRESENT:
AGENCY MEMBERS: Feldhaus, Hunter, Simpson, Daly
AGENCY MEMBERS: Pickler
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
SECRETARY: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
A complete copy of the agenda for the meeting of the Anaheim Redevelopment
Agency was posted at 2:40 p.m. on September 10, 1993 at the Civic Center
kiosk, containing all items as shown herein.
Chairman Daly called the regular meeting of the Anaheim Redevelopment Agency
to order at 5:50 p.m.
FINANCIAL DEMANDS AGAINST THE ANAHEIM REDEVELOPMENT AGENCY in the amount of
$115,133.62 for the period ending August 30, 1993; $190,185.64 for the period
ending September 7, 1993; and $281,303.57 for the period ending September 13,
1993, in accordance with the 1992-93 Budget, were approved.
ITEMS OF PUBLIC INTEREST:
Don Floriani, Gran Mere Pre-school. He was before the Agency previously (see
minutes of July 20, 1993) wherein he addressed the fact that they were not the
successful bidder on the new child care facility in the downtown area even
though, in his opinion, they are more qualified and experienced than the
successful bidder. They were also told they could not see the evaluation
sheets upon which the decision was made. At that time, the Mayor instructed
staff to meet with him to resolve the issue. Two days later they did so which
consisted of his explaining the contents of the letter he sent to the Mayor.
When he asked for specific information why they were not the successful
bidder, staff told him they were instructed by the City Attorney's Office not
to give any information. He again called the City Attorney's Office,
yesterday, requesting either the information used as the basis for the
successful bidder or details of the evaluation, or as an alternative, that he
be advised of the legal basis for withholding that information. He is again
asking the Agency to consider the situation under the fairness doctrine and
instruct staff to either reveal the information or instruct the City
Attorney's Office to give the legal basis for withholding it.
Chairman Daly. He asked the City Attorney to comment on the situation where
the recommendation has not yet been placed on the Agency/Council Agenda and
yet one of the bidders is aware of what the staff recommendation is going to
be.
City Attorney White. This is actually a request for proposal legally
distinguishable from the bid process. There is no obligation on the part of
the City to go through a bid process for the selection of an operator to run
the facility - the City chose to do that and went through an interview and
evaluation process. Even though he has personally not spoken to Mr. Floriani,
he believes, in substance, his depiction of his discussion with members of his
staff is accurate. It is not the policy of the City to release to
unsuccessful applicants the score sheets or the notes or information
specifically relating to the evaluation of the proposals. He gave as an
analogy the process used when hiring City employees wherein results of
employment interviews are not revealed to unsuccessful applicants. He has no
objection to Mr. Floriani discussing his concerns with the departments
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Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY
September 14, 1993, 5:00 P.M.
involved but it was his advise that the evaluation documents not be given out
for the reasons he explained.
PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Agency Items I and 2
(see discussion under those items).
CONSENT CALENDAR ITEMS 1 - 3: On motion by Agency Member Hunter, seconded by
Agency Member Simpson, the following actions were authorized in accordance
with the reports and recommendations furnished each Agency Member and as
listed on the Consent Calendar Agenda. Agency Member Pickler was absent.
Refer to Resolution Book.
1. 123: Approving an Agreement with the Anaheim City School District
relating to the allocation of tax increment revenues between the Agency and
the School District for the proposed Commercial/Industrial Redevelopment
Project.
(See comments below.)
2. 123: Approving an Agreement with the Anaheim City School District
relating to the allocation of tax increment revenues between the Agency and
the School District for the proposed Brookhurst Commercial Corridor
Redevelopment Project.
Jeff Kirsch, 2661 W. Palais, Anaheim. He is making his remarks on the
assumption that these agreements (Items 1 and 2) are also the subject of
Item A29 on today's Council agenda as well. He respectfully requested that
the Council continue consideration on these two items for one week in view of
the fact that the associated background material (including A29) was not
available until the start of the meeting. Therefore, the public affected by
the agreements has not had an adequate opportunity to inform itself as to the
effects and to make any appropriate comments or judgements.
City Attorney White. The City had finalized the agreements just this morning.
They have been in contact for sometime with the principals at the Anaheim City
School District in negotiating each of these agreements. Final versions were
available only shortly before the meeting started. The City School District
has requested that the City and the Redevelopment Agency act tonight because
they are holding a meeting this evening where they will be voting on the
matter and want to know the results of the Agency/Council action prior to the
time of that meeting. If there are questions that can be asked, he will be
happy to answer them. He then explained the basic provisions of the
agreements as they relate to the Redevelopment Agency.
Jeff Kirsch. He feels the City Attorney has made his point. While he
appreciates the explanation, members of the public who might be affected will
not be informed until after they vote unless they are in the audience or watch
the meeting on t.v. The purpose of having the item on the agenda is to have
the opportunity to address any issues before the Agency/Council votes.
Chairman Daly. He respects Mr. Kirsch's desire for the full details of these
legal agreements. They have been discussed for a number of weeks with the
school district and there have been many phone calls and meetings back and
forth between the two agencies. Time is of the essence. There comes a time
especially on legal timing matters where he believes the public interest is
served.
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Anaheim Civic Center, ANAHeiM R~EV~T~PMm. NT AGENCY
September 14, 199.3, S=00 P.M.
Chairman Daly. City Manager Ruth and City Attorney White will have the
agreements available for the public and the press.
City Attorney White. He believes the agreements are already distributed to
the press and Mr. Kirsch also has them. Deputy City Manager Tom Wood has
extra copies available. These were made available at approximately 5~15 p.m.
3. 161: Approving minutes of the Anaheim Redevelopment Agency meetings held
July 27, August 3, August 10 and August 17, 1993.
End of Consent Calendar. MOTIONS CARRIED.
ADJOURNMENT: Agency Member Daly moved to adjourn, Agency Member Simpson
seconded the motion. Agency Member Pickler was absent. (6:10 p.m.)
LEONORA N. SOHL, SECRETARY
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