RA1993/11/16Anaheim Civic Centerm AN~__~_IM KEDEV~)P~ AG_F. NC¥
NOVEMBER 16, 1993, 5:00 P.M.
PRESENT
ABSENT:
PRESENT
AGENCY MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
AGENCY MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
SECRETARY: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
DEPUTY CITY ATTORNEY: Selma Mann
A complete copy of the agenda for the meeting of the Anaheim Redevelopment
Agency was posted at 3:45 p.m. on November 12, 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 6:21 p.m.
FINANCIAL DEMANDS AGAINST THE ANAHEIM REDEVELOPMENT AGENCY in the amount of
$470,825,21 for the period ending November 12, 1993, in accordance with the
1993-94 Budget, were approved.
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Agency Item 2 (see
discussion under that item).
CONSENT CALENDAR ITEMS 1 - 3: On motion by Agency Member Pickler, seconded by
Agency Member Hunter, 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 offered Resolution
Nos. ARA93-22 and ARA93-23 for adoption. Refer to Resolution Book.
1. 161: RESOLUTION NO. ARA93-22: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT
AGENCY AUTHORIZING APPLICATION TO DESIGNATE THE ANAHEIM CANYON BUSINESS CENTER
AS A RECYCLING MARKET DEVELOPMENT ZONE. (Northeast Industrial Area)
2. 123: Approving an Operating Agreement between the City of Anaheim, the
Anaheim Redevelopment Agency, and the Anaheim Family YMCA for the purpose of
operating a child care center for a term of five years, renewable upon mutual
agreement for five additional years, for up to 75 children, infant to five
years of age, at 100 South Atchison Street. (Citrus Park Child Care Center)
Don Floriani, Chez Gran Mere Preschool. He has spoken on this item before
(see minutes of July 20, 1993 and September 14, 1993 where input was received
by Mr. Floriani). Staff has recommended the contract be awarded to the
Anaheim YMCA. His school was one of the bidders and they are opposed on the
following basis - he then posed his concerns as questions revolving around
what the City Attorney said at the last meeting that the City did not have to
go out to bid on the contract but did so because they wanted it to be fair.
If fair, he questioned why the committee was comprised of public sector
employees only, that there were no representatives of the business community,
private child care industry or private citizens involved, why they were
prevented from reviewing the evaluations and point scores, why was the basis
of the point system missing some important questions, etc. In his opinion,
City staff had made their choice before going out for proposals not once, but
twice. He urged the Agency to review the recommendations of staff and
transfer the administration of the project out of the Parks and Recreation
Department.
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Anaheim Civic Cen~er, ANAHEIM REDEVELOPMENT AOENCY
NOVEMBER 16t 1993~ 5~00 P.M.
Lane Baroldi, 732 N. Janss, Anaheim. He has a problem with the YMCA getting
this contract from a taxpayer's point of view - he questions if this is not
excessive entanglement with church and state which may cause problems with the
people in the community and possibly a potential for litigation. A secular
institution would be a more advisable direction to take.
Jim Colston, 455 E. Center Street, Anaheim. From a fiscal standpoint, he does
not believe the City should get involved in a partnership to open up a child
care facility. Federal, State and local programs are available to help people
obtain child care. It would be much better to form a partnership with a
business that pays taxes both directly and indirectly to the City. He asked
that the Agency oppose the recommended award of contract unless it can be
shown it is needed or more specifically that it should be awarded to the YMCA.
Andrew Ersek, 816 Jade, Anaheim. Private enterprise is what makes things
happen and it is private enterprise that should be running this school rather
than non-taxpaying entities such as the YMCA.
City Attorney Jack White again summarized at the request of the Mayor the
process involved resulting in the final recommendation (also see minutes of
July 20, 1993 and September 14, 1993 where the process and criteria were
explained in detail by the City Attorney). In concluding, he stated relative
to the concern expressed by one speaker regarding City liability, just as a
private organization founded on Christian principles is not to be granted
favorable treatment, neither should it be discriminated against but should
stand upon an equal footing with other secular type organizations in the way
contracts are processed and awarded. The City is also being indemnified by
the contractor in an insurance policy provided with regard to any litigation
that may ensue as a result of this particular contract - both the City and the
Redevelopment Agency.
Chris Jarvi, Director of Parks, Recreation and Community Services. He
believes the process was a fair and direct one. No preference was given to
nonprofit vs. private providers. As far as people on the committee, while all
were employed by public agencies, one has their own business within their
family and does run a private child care business. One is a child care
ombudsman for community care licensing in the state and use both public and
private child care providers in the course of their business. They have a
good knowledge of the business both on the private and nonprofit side. He
reiterated, they believe the process was a fair one and hold to the
recommendation made.
Agency Member Feldhaus then posed a line of questions pertaining to certain
aspects of the process which were clarified by Mr. Jarvi, Lisa Stipkovich,
Executive Director of Community Development and Selma Mann, Deputy City
Attorney.
At the conclusion of discussion and questioning, Agency Member Feldhaus stated
he was going to vote no. He does not think there is a level playing field.
The YMCA can hold fund raisers to support itself while private enterprise does
not have the capability to do so. He believes that private enterprise should
be operating the business. The City needs the tax dollars.
Agency Member Pickler. He believes there was a level playing field and a
non-biased committee was involved. Sometimes it is difficult to take for
those who do not get the contract but it went through a process that has been
in place for many years. He has no problem with a non-profit working this
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Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY
NOVEMBER 16t 1995t 5~00 P,M,
type of operation. It is something the City needs. It is going to be a
benefit to those who cannot afford private child care and it will work well
for the downtown area.
Mayor Daly. He is anxious to move forward with the operation of the day care
center. It is in a beautiful new area and he is certain it will be an
operation they can be proud of. He believes that both parties are fully
capable of operating such a facility. He directed staff when they are
soliciting proposals from a mix of private and nonprofits, it is important to
communicate clearly up front because the expectations of nonprofits are very
different than private businesses. One can raise money in the community for
operations and the other cannot. He feels badly that the communication in
this case left something lacking and feels such a situation can be avoided in
the future. He has the utmost confidence in the provider selected.
At the conclusion of the Consent Calendar, Agency Member Feldhaus voted no on
this item.
3. 161: RESOLUTION NO. ARA93-23: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT
AGENCY APPROVING AN AMENDMENT TO THE BY-LAWS OF THE ANAHEIM REDEVELOPMENT
AGENCY CONCERNING REGULAR MEETING TIMES.
(Removing the fifth Tuesday of each month and Tuesdays following Monday
holidays from the Redevelopment Agency meeting schedule)
Roll Call Vote on Resolution Nos. ARA93-22 and ARA93-23 for adoption:
AYES:
NOES:
ABSENT:
AGENCY MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
AGENCY MEMBERS: None
AGENCY MEMBERS: None
The Chairman declared Resolution Nos. ARA93-22 and ARA93-23 duly passed and
adopted.
End of Consent Calendar. MOTIONS CARRIED.
ADJOURNMENT: Agency Member Daly moved to adjourn, Agency Member Simpson
seconded the motion. MOTION CARRIED. (6:54 p.m.)
LEONORA N. SOHL, SECRETARY
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