2014/03/11ANAHEIM CITY COUNCIL
REGULAR MEETING OF MARCH 11, 2014
The regular meeting of March 11, 2014 was called to order by Mayor Tait at 3:05 P.M. in the
chambers of Anaheim City Hall located at 200 Anaheim Boulevard. The meeting notice, agenda
and related materials were duly posted on March 7, 2014.
PRESENT Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille
Kring and Kris Murray.
STAFF PRESENT Interim City Manager Paul Emery, City Attorney Michael Houston and City
Clerk Linda Andal.
WORKSHOP — ANAHEIM CONVENTION CENTER BETTERMENT VII EXPANSION
Interim City Manager Paul Emery introduced staff members and consultants for the purpose of
updating City Council on the proposed 7 th Anaheim Convention Center Expansion, identified as
Betterment VII.
Tom Morton, Director of Convention, Sports and Entertainment, covered the history of the city's
investment in this asset, reporting that in 1960 a group of 61 Anaheim businessmen, the
Anaheim Visitor & Convention Bureau, organized to see what they could do to make the city a
year -round destination. Their solution was to build a convention center to help fill hotel rooms
throughout the year, not just during the spring and summer months when tourists visited
Disneyland. In May of 1965, the city broke ground for construction of a 7,500 seat arena - torium
with a 135,000 square foot exhibit and meeting complex which opened in July of 1967. That
venture, he remarked, launched Anaheim as a convention destination bringing attendees from
far and wide and providing tax revenues that benefited city services and the community. Within
6'h years, the Convention Center celebrated the grand opening of Betterment I, an expansion
that was driven by strong demand for additional exhibit space and adding another 100,000
square feet of exhibit space and 21,000 square feet of meeting space. That was followed in
1982, with Betterment II, another 100,000 square foot exhibit hall and 21,000 additional square
feet of flexible space that affirmed Anaheim's reputation in the meeting and convention industry.
The Marriott opened in 1981 followed by the Hilton in 1984 and the added convention space
and hotel inventory proved successful in attracting medical groups including the American Heart
Association and the American College of Cardiologists. He reported the 90's was the decade of
the greatest expansion of the Convention Center with Betterment III completed in 1990. The
expansion offered an additional 150,000 square feet of exhibit space along with an 1,100 space
adjacent parking structure and a 550 space below -grade parking site, followed by Betterment IV
in 1993 that resulted in the conversion of the underground parking spaces into an additional
150,000 square feet of exhibit space. Betterment V, one of the largest Public Works projects
undertaken by the city began construction in 1998 and opened in 2000 with Phase 1, creating
the Hall D wedge which expanded the total space of Hall D to 220,000 square feet and Phase 2
expanding the total facility to 1.6 million square feet, including the addition of 220,000 square
feet of exhibit space, a 38,000 square foot ballroom, new meeting rooms, and a grand glass
enclosed lobby extending one - quarter mile in length.
Contrary to a noted convention industry critic, Dr. Heywood Sanders, who reported that
Anaheim's Betterment V did not pencil out, Mr. Morton emphasized the Convention Center's
rental revenue in FY 97/98, the last full year of operation prior to the construction of that
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expansion was $6.2 million and in FY 2000/01 that figure jumped to $9.6 million; total Center
revenues reflected $14.5 million in FY 97/98 increasing to $22.7 million in 2000/01. He added
Dr. Haywood Sanders also did not include Anaheim as a dominant player in the industry when it
had long played a significant role in the regional economy and was a prime visitor and
convention destination.
The most recent enhancement, Betterment VI or the Grand Plaza, was completed in January of
2013 and this award winning expansion, he explained, added 100,000 square feet of multi-
purpose outdoor space with three water features, new landscaping, and spectacular night
lighting. The funding for this expansion as well as the next was made possible through the
creation of the Anaheim Tourism Improvement District (ATID). ATID was a public /private
partnership between the city, the Anaheim Orange County Visitor and Convention Bureau and
the hoteliers in the resort and Platinum Triangle. The hoteliers agreed to self- assess a two
percent fee on room rents used to fund the operation of the Visitors & Convention Bureau
(VCB). He indicated the city then agreed to redirect the general fund dollars previously
allocated to the VCB to the rapid expansion of the Convention Center and a portion of these
reallocated dollars were then used to fund Phase 1 of the expansion, the $20 million Grand
Plaza.
To answer the question of why expand again, he responded it was necessary to allow Anaheim
to retain its large annual convention and trade shows. Shows such as NAMM and Natural
Products were growing beyond the confinement of the convention center and were actually
occupying storage closets in the need to meet their exhibitor requirements. Anaheim also
needed the ability to attract high yield meeting- intensive business because currently there was
not enough meeting space to accommodate groups that want to return to Anaheim such as the
American Heart Association. The center also needed the ability to hold concurrent conventions
to maximize economic impacts and minimize peaks and valleys in hotel room occupancies.
Lastly, he remarked, CarPark 1 needed replacement, a structure that could not be seismically
retrofitted because of height limitations.
To meet the Convention Center's future needs, Mr. Morton added staff would present the next
opportunity for growth, Betterment VII. This expansion would occur on the current site of
CarPark1 and when completed, would consist of 200,000 square feet of leasable flexible space
or space that could be used as exhibit, ballroom or meeting rooms. Existing parking spaces
would be replaced, new loading docks installed, and a new vehicular entrance constructed. The
expansion also included a climate controlled connection to the existing convention center and all
necessary front -of -house and back -of -house space. He emphasized the city team looked
forward to presenting the merits of this expansion and why it was important to Anaheim's
continued success as a convention destination.
Jay Burress, Anaheim /Orange County Visitor & Convention Bureau (AOCVCB), thanked the
hoteliers and the city for establishing the Anaheim TID as a method to fund future convention
center expansions. He remarked if the city did not expand, large annual events would leave
Anaheim and new opportunities would be lost to competitors. In addition, the client base would
erode from the high end events such as national associations, trade shows and corporate
events and less financially successful groups would remain. The fallout from this lost business
would see the average daily rates and occupancy levels in hotels lessening with reduced visitor
spending and TOT and other tax revenues that benefited the city declining along with significant
job losses. Some of the events at risk because they required more space due to their business
growth was the Helicopter Association International tradeshow, an event that had recently
generated much excitement at the Convention Center with 60 helicopters on the exhibit floor
and NAMM with 96,000 people in attendance and its resulting economic impacts; both events
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setting spending records. Other groups such as Medical Design and Manufacturing, the
Produce Marketing Association International, and Solar Energy Association also no longer fit in
the Convention Center. He pointed out new business opportunities was a key part of this
expansion to get back into the game with some of those markets and larger corporate meetings
such as Microsoft, Oracle, and INFOCOMM that want to be in Anaheim. With the expansion, he
indicated some of these groups would commit to Anaheim, like the American Heart Association
who with the possibility of a future expansion in the works had committed for years 2019 and
2025. He added the American Heart Association represented 57,720 total room nights and their
commitment made it clear to the medical community that Anaheim was open for business for
the medical meetings market. Mr. Burress then played a video of Fred Linder of Natural
Products Expo West explaining the need for expanded space for his growing organization that
had reached 66,000 attendees this past year and voicing their strong support for expansion of
the Anaheim Convention Center.
Mr. Burress stated he was here to advocate and support the expansion of the Anaheim
Convention Center because for the first time this year he had to tell customers they could not
have the space they required from an exhibition standpoint, adding this was not a sustainable
model for Anaheim and the sooner the expansion occurred, the AOCVCB would begin capturing
new meeting intensive groups and fill the spaces with concurrent events to maximize the use of
exhibit space and new meeting space to keep a steady flow of revenues coming into the city.
Finance Director Debbie Moreno introduced Susan Sieger of Crossroads Consulting, remarking
she had over 20 years of experience in convention, sports, and entertainment, and various
hospitality and tourism industries and conducted more than 400 studies in the US and abroad.
Prior to forming Crossroads she worked with KPMG, a convention and sports entertainment
practice for 15 years, most recently as the National Director, and had worked at the Miami
Beach Convention Center and other hospitality facilities across the country.
Ms. Sieger provided an overview of the economic study process consisting of a market analysis,
financial analysis, and an economic /fiscal benefit analysis adding the results of those analyses
would drive the overall viability of the Anaheim Convention Center (ACC) expansion. Regarding
the market analysis, she indicated it was important to understand industry trends, the ACC's
historical operations, and what competitors were doing. For the financial analysis, the impact
from both an operating revenue and expenditure perspective was needed and as part of their
research Crossroads conducted a sensitivity analysis with the goal of testing the marketing
financials of a 200,000 square foot expansion as well as a 160,000 and 180,000 square foot
option. She noted that essentially, Anaheim would not get the same benefits because of the
magnitude of the convention attendees coming. She explained the sensitivity analysis indicated
it was not just about the amount of space but the type of space offered and suggested that the
proposed flex space would allow the city to accomplish its goals specifically because it would
enable the ACC to host more concurrent conventions and maximize the use.
In looking at destination packages, she reported Anaheim had a great one, from airport
accessibility, to hotels, to a few nearby attractions. As to why these events were important, she
stated conventions and tradeshows made up 25 percent of ACC's events but accounted for
nearly 60 percent of attendance with an average stay of 2.8 days per attendee. When loss
business reports were analyzed, she remarked it was important to understand what was
controllable and what was not. She provided that if the primary reason for lost business was
lack of space and date availability, such was within the city's control and could be positively
impacted by the addition of new flex space. She added a large percent of business was due to
space and date availability contrary to certain articles that had been published recently. She
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also stressed that this analysis and its accompanying research was specific to Anaheim's
facility.
She restated that Anaheim was a highly ranked destination relative to other convention /meeting
cities and input from users reflected some groups could not secure dates and /or space due to
the Convention Center's availability. In addition, 78 percent of respondents indicated they
would use the proposed flex space as exhibit space, while 90 percent reported they would use it
as meeting or ballroom space. She added Anaheim was deficient in ballroom space relative to
others and in the meeting to ballroom space ratio as well. The interesting thing, she pointed out,
was those that were interested in meeting room expansion required 628,000 square feet of
exhibit space although they did not need a contiguous space but did require the entire existing
ballroom area. If concurrent meetings were being considered, expanded ballroom space was
necessary. The other factor, she remarked, was where users anticipated their events to be in
five years with more than 50 percent of responders anticipating increased spacing needs at that
time. She noted past convention users were pleased with the facility, its staff and general
surroundings, an important point because no matter how large a facility was, if users did not like
the destination, it would not matter what was built and often an expansion made sense from a
space perspective but never from a service level perspective.
One of the key questions for her was related to overnight stays and using the same
assumptions, Crossroads compared the three year historical average to the status quo and
determined there would be an increase in room nights from $773,000 to nearly $1.1 million with
the ACC expansion. She added Crossroads did not account for any events that were not
convention or trade shows so those larger corporate meetings or larger social functions where
attendees stayed overnight were not included. The next question was related to the total
generation of TOT resulting from the expansion which showed an increase of $24.7 million
historically to a range of $31.9 million to $33.7 million, a significant increase with a range of
$11.5 to $13.8 million in TOT taxes coming to the city.
Ms. Sieger explained the economic impact of direct spending (eating in restaurants and staying
in hotels), an increase in facility operating expenses, indirect and induced spending all of which
made up the total economic impact of the ACC expansion. The increase showed a $610 million
three year historical average, to a status quo scenario of $559 million, and a range of $718 to
$825 million with the expansion, which translated to every dollar invested, the city would get
$1.60 back.
Related to job creation, in comparison to the status quo option, Anaheim would add between
1,800 to 2,200 more jobs. She added that not all jobs would be driven by the incremental
spending of the convention and tradeshow attendees, exhibitors and by the facility expenses; it
would more likely fall within a 40 — 48 percent range.
OVERALL SUMMARY: Ms. Sieger remarked this research led her to believe the following: 1)
the expansion complemented other investments the city made both directly on the property but
also on surrounding areas and represented a good reuse of CarPark 1. She added the fact
hoteliers would self -tax themselves to make a project like this move forward, was saying a lot in
this industry and should the city take no action, the current level of activity could not be
maintained. 2) Competitive facilities and other destinations were continually improving their
product and by staying the same Anaheim would have less event activity, less economic and
fiscal benefits and a higher operating loss. 3) The proposed flex space addressed ACC's
current challenges related to limited ballroom and meeting space and would result in
maintaining existing business, attracting new conventions and tradeshows, and increasing
ACC's overall market share. 4) The cost benefit analysis indicated significant economic and
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fiscal benefits with the expansion. 5) The proposed expansion would enhance ACC's
marketability and competitive position for the next 10 to 15 years.
Mark Vukojevic, City Engineer, stated as a member of the city's team, he lead the design and
construction delivery of this expansion over the last year, announcing the city had clear
objectives: an innovative design, a flexible facility with maximum value, and cost and schedule
certainty. He indicated staff had looked at all possible delivery methods and specifically chose
design /build delivery because it had the best tools for the objectives established at the
beginning of this project. He explained the process was competitive and deliberate, using
Request for Qualifications (RFQ's) which resulted in four design /build teams shortlisted to
submit proposals to the city.
In the Request for Proposal (RFP) stage, staff established its requirements and how the process
would be scored with all teams understanding that the specifications were for a quality project
which included all of the features and specifications necessary and 200,000 square feet of
leasable flexible space (space that could be converted and used as exhibit space, ballroom
space, or turned into meeting and classroom space), 1,400 parking spaces to replace CarPark
1, a fixed construction price of $155 million, and a connection to the existing Convention Center.
At the RFP deadline date, he reported three teams submitted proposals and after a lengthy
review and two interviews, the city's evaluation committee unanimously selected the design and
construction proposal submitted by Turner Construction and Populous Architects. He remarked
the process was competitive and the feedback from the winning and losing teams was that it
was fair. He remarked that Turner Construction was a global provider of construction services
and as a company their core values and commitments were in making a difference in the lives
of their staff, their customers, and the communities they worked in. He added over the last two
months, staff finalized the negotiations and packages for Council's consideration and if
approved tonight, the design would begin tomorrow.
Mr. Vukojevic showed renderings of the existing site plan and the proposed expansion, pointing
out the new Convention Center space would sit on top of the existing CarPark1 site and the very
southwest corner of that structure would connect to the existing Convention Center. The design
continued the character of the existing facility, taking its imagery from California geology and
geography and would have the design and feel of the existing site but also included unique
features. He explained this concept was referred to as the architectural story and a brother and
sister architect team from Populous had provided an incredible design for Anaheim.
The new building would be nearly 350,000 gross square feet, containing 1,400 parking spaces
within the same site, with all of the setbacks and landscaping features meeting or exceeding
resort standards and fitting within the Katella frontage fully connected and contiguous to the
existing Convention Center. One strong feature of the building, he pointed out, was an
additional 10,000 square foot outdoor balcony on the north side of Katella that would offer great
views for attendees and 10,000 square feet of additional leasable area. He pointed out that one
thing different in the new space was that it faced west and consideration was built into the
project to address the afternoon sun to insure all guests were comfortable. One of the
renderings showed the flexible space used as an exhibit hall with Mr. Vukojevic stating the
ceilings were 25 feet tall with a minimum amount of columns and the flexibility to partition space
created meeting spaces of different sizes and shapes supported with efficient heating and
cooling systems and plenty of restrooms. He indicated the main flexible space on the second
floor had 25 foot high ceilings and was column free and could be converted into ballrooms,
meeting rooms or exhibit halls. In the ballroom configuration of 100,000 square feet, he stated,
it would be one of the largest column free ballrooms, a space in which 18 wheelers could drive
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on it and would come with its own 15,000 square foot kitchen and all of the necessary elevators
and escalators and back -of -house features to function seamlessly.
He commented that one of the creative solutions the architects designed was placing a portion
of the parking within the truss system in between the first and second floors, called interstitial
parking. For this size of building, he explained, the floor space in between the levels were large
because of the heavy weights and long spans utilized, and in most cases the space in between
the floors were used for utilities with most of the space unused. He stated this was where the
maximum value and maximum flexibility was found and all 1,400 spaces were located on site
and interconnected with two separate ramps used to load cars in and out of the structure. He
then showed a brief animation video that walked around and through the building to offer
another perspective on how the building would look and feel.
Mr. Vukojevic reported the timeline and schedule was established and the design would begin
immediately and submittals had already been scheduled. The plan was to begin demolition of
CarPark 1 in September of this year and to have 600 spaces back in service within one year.
From there the contractor would complete the entire construction by the fall of 2016 and the new
building would be turned over to the Convention Center and used for conventions that same
year.
Debbie Moreno, Finance Director, discussed the city's ability to afford this expansion and what
financial benefits the project would bring to Anaheim. She reported this specific expansion had
been discussed since the mid -2000 and because of the "great recession," it was obvious the city
could not do this on its own. In partnership with the Visitors & Convention Bureau and the
hoteliers in the resort and the Platinum Triangle, the Anaheim Tourism Improvement District -
was formed in September 2010. The hoteliers agreed to self- assess two percent of the revenue
they received from room sales to pay for improved marketing and promotions of the Anaheim
destination and to contribute to future transportation projects. In return, she indicated, the city
committed to expanding the Convention Center because it would no longer need to pay for the
Visitors & Convention Bureau from the city's general fund (GF) revenues. That year, 2010, the
amount that was freed up was roughly $6 million and was used to pay for the Grand Plaza
expansion and could now be used for the next phase of the Convention Center expansion. She
stated it was important to understand that the amount the GF was paying to the Visitors &
Convention Bureau was based on a percentage of the Transient Occupancy Tax or TOT the city
received and in 2010 that amount was around $6 million and today would reflect about $7.6
million. Using the assumption that TOT would grow at a conservative level of three percent
annually, the value of the marketing and promotion fee that was originally paid to the VCB would
be valued at $450 million through year 2046 (when the debt for the expansion would be paid
off).
Understanding the funding mechanism that was in the place, she explained, the city still needed
to insure this was the right project for Anaheim to undertake. The questions she set out to
answer before recommending for or against the expansion of the Convention Center was "would
there be a return on the resort improvements after the cost for the expansion was paid; did the
expansion create a net benefit to offset the associated costs; could the city afford this
expansion; and would it benefit the entire community.
To answer the question would Anaheim see a return on their investment in the resort, she
reported the resort generated nearly 50 percent of the GF revenues (TOT, sales and use taxes,
property taxes, and business licenses) and all of that was estimated to bring in about $120
million in 2014 to the general fund. The largest expenses related to the resort were for the debt
service for the 1997 Resort Improvements and several other small debt issues. Additionally, the
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City no longer was obligated to pay the Visitor and Convention Bureau marketing and
promotions costs so after all the other debts were paid, $60 million would be left in tax revenues
to provide for general fund services such as police, fire, parks, libraries and other community
services. The answer to that question, she emphasized was yes, the city would see a $60
million return on the investment in the resort.
To answer the question did the proposed expansion create a net benefit, the Finance
Department hired Crossroads Consulting to perform a marketing and economic analysis of the
proposed expansion; a firm that was an expert in the industry and had not been involved in the
project before with no opinion on the overall plan. In the end, she commented their detailed
research and conservative estimates showed Anaheim would gain significant new revenues
totaling $380 million of predominantly TOT monies and additional sales and use taxes. The
expansion would retain existing trade shows and conventions and their guests while enabling
the city to retain $164 million in revenues that might have otherwise been lost. She indicated
this was mostly due to TOT but also included a portion of operating revenue that the Convention
Center received from rentals that would now be available to pay their day -to -day operations.
She announced the total new and retained revenues reflected $545 million dollars and
deducting the $410 million debt service for the Convention Center expansion and replacement
of CarPark1 pointed to an economic benefit to the city of $135 million. That figure, she
emphasized, meant the project was estimated to return $135 million more than it cost to build.
She added if you take this one step further by adding the estimated $450 million of marketing
and promotions costs that the city would have paid to the Visitors and Convention Bureau
through year 2046, this would leave the city with a total benefit of $585 million.
To answer the question could the city afford this expansion, Ms. Moreno stated there was
roughly $85 million in existing general fund debt other than the 1997 resort improvements which
would be paid off soon, and monies could be saved on interest payments by refinancing about
$53 million in debt, paying it off sooner rather than originally scheduled with the exception of
about $2 million borrowed several years ago for the Grand Plaza addition. She explained when
adding the new funds to be borrowed for Betterment VII and the refinanced debt, staff expected
to pay $17 million less per year which was roughly equal to where the city was today. Most of
the new incremental revenue received could then be immediately used for general fund services
since Anaheim would not be paying any more today, which made the expansion affordable.
To the last question, did this expansion benefit the entire community, Ms. Moreno remarked the
best way to answer that was to look at the overall impact of the general fund, those monies
used to pay for all core services. She emphasized if this fund was better off, then the entire
community was better off, especially as a portion of the city's debt would mature in 2019. She
stated the general fund would be better off by going forward with Betterment VII.
To keep the status quo and not expand and pay off the existing debt, she anticipated the
following scenarios: Using the mid -point as an example, the overall resort tax revenues would
be less without the expansion because there would be no new revenues and some of the
existing revenues would be lost due to lost business. The debt service would be less but that
meant the city would not pay off the debt as fast, because the debt service payment was tied to
a percentage of revenues received. She added the other general fund debt service would be
paid but the city would still have to replace CarPark1 at a cost of about $2 million and if the
commitment to expand the Convention Center was not honored, Anaheim would likely have to
fund the marketing and promotions now being paid by the ATID. At the end of year 2015, she
estimated the net resort tax revenues remaining would be almost $116 million if expanded
versus $109 million by keeping the status quo. This would mean there was an extra $7.2 million
in the general fund to provide services to the entire community if the expansion went forward in
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this year alone and over the course of 15 years, the general fund would be better off by $117
million and by $323 million in a 30 year period. She reiterated this project was a benefit to the
entire community.
Ms. Moreno brought up another component of the financing plan. In addition to providing the
Convention Center expansion, she noted current market conditions made it possible to borrow
an additional $20 million at historically low interest rates and still maintain debt service at or
below current levels, providing for $20 million to be put back to work in the community on public
safety facilities and other community and neighborhood improvement projects. Because of the
new TOT revenues coming in, another $80 million could be paid toward the resort bonds which
could result in them being paid a little faster. Based on the information today, she remarked,
there was a lot to be gained for the community with this project and if it were delayed, it would
likely cost more as interest rates rose, pointing out an increase of the interest rates at only one
quarter of one percent resulted in an additional $500,000 per year in debt service. If no
expansion occurred, Anaheim would see a decrease in convention center revenues and general
fund tax revenues and with the existing debt obligations, there would be fewer resources
available for the general fund in the short term. Based on the affirmative answers to her initial
questions and the partnership with the local hotel industry that provided freed -up funding, Ms.
Moreno recommended Council approve the expansion and the related financing plan.
Mr. Morton ended the workshop emphasizing the analysis had shown that the expansion was
necessary to stay competitive in the convention, tradeshow and meeting business. Anaheim
needed the ability to retain large annual conventions and trade shows, the ability to attract high
yield, meeting- intensive business, and the ability to hold concurrent conventions to maximize
economic impacts, minimize peaks and valleys in hotel occupancies, and to replace the
CarPark 1 structure. With this expansion, he stated, the city would see growth in general fund
revenues and additional funds would become available for core city services and bond proceeds
would also immediately be available for public safety facilities and community improvement
projects. He remarked the City of Anaheim was in the convention and meeting business and
was one of the nation's premier destinations and with this expansion it would ensure continued
success for the future years to come.
Mayor Pro Tern Murray remarked staff had been working on this project for nearly a year and
engaged in public outreach, reviewing finances and conducting economic research. She
thanked staff and the consultants for their in -depth report and confirmed that staff had used a
conservative three percent growth for long range projections which showed that over 30 years
the value of this expansion was $585 million to benefit the community. She then thanked the
private sector for their investment in the city which made it possible to offset the cost of this
expansion.
Mayor Tait remarked the Crossroads analysis was just received by council last Friday, asking
when it had been made available with Ms. Moreno indicating that the updated report was
available on that day. He remarked the PKF Consulting report had been received in January
2014. Mayor Tait inquired about the other firms submitting proposals to the city for this project
and Mark Vukojevic responded there were six firms that submitted a statement of qualifications
responding to the city's Request for Qualifications and the city selection panel shortlisted four
firms, one of which was Turner Construction and Populous Architects. The other firms were
Clark Construction and Centrist Architects, PCL and LMN Construction and Gruen Architects,
and the fourth was Hencil Phelps Construction with HOK Architectural firm. At the Request for
Proposal deadline, Hencil Phelps did not submit a proposal and the each of the other three firms
were interviewed.
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Council Member Kring offered her full support for this expansion, remarking she had attended
the National Products Expo and talked to Fred Linder who stated that his organization had
grown so big that the arena contained exhibitors for the first time as well as the ballroom and
600 exhibitors were put on the third level of the Convention Center. Along with tents outside the
hotels and vendors at one end of the Grand Plaza, Mr. Linder stated his business had expanded
to the point they would not be able to book it in Anaheim in 2017. Just that one event, Council
Member Kring remarked, benefitted not only Anaheim but the regional economy and she was in
full support for the expansion.
Mayor Tait inquired if Crossroads Consulting conducted sensitivity analyses about what the
impact to the general fund would be if the assumptions were not met. Ms. Moreno responded
that Crossroads Consulting used conservative assumptions based on the number of events held
and did not assume Anaheim would get much larger conventions than they currently booked.
Two discount factors were used; Crossroads looked at how many people would actually be
staying in Anaheim, with a reduction for how many would not stay in a hotel and did not assume
a growth factor other than normal inflation on the losses, so those were fairly conservative
numbers in the 30 year estimate. Ms. Moreno looked at those number as well adding that if the
results were only 50 percent right on the incremental revenues received, the city would still be
better off in every single year and there would be a net benefit of $163 million over the life of the
project versus doing nothing at all.
Council Member Brandman thanked staff, the stakeholders and the consultants for a thorough
presentation.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
Cecil Jordan Corcoran offered the community an update on his religious work.
City Attorney, Michael Houston reported pursuant to Government Code Section 54956.9 D(3),
Closed Session Item No. 3, the city received a threat of litigation which was in the Office of the
City Clerk for inspection and available upon request.
At 4:10 P.M. the City Council recessed to closed session for consideration of the following
items:
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation - authorization to file amicus curiae brief pursuant to
paragraph (4) of subdivision (d) of the California Government Code Section
54956.9: One potential case: Orange Citizens for Parks and Recreation v. City of
Orange, California Supreme Court Case No. S212800
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Maria Lopez v. City of Anaheim et al., USDC Case No. SACV13 -01199
CJC (JPRx)
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
California Government Code Section 54956.9: One potential case.
City Council Minutes of March 11, 2014
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4. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency designated representative: Kristine Ridge
Name of employee organizations: International Brotherhood of Electrical Workers
IBEW, Local 47, Anaheim Municipal Employees Association (AMEA) General
Employees and Clerical Employees
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Subdivision 54956.8 of the California Government Code)
Property: 2000 East Gene Autry Way, Anaheim, CA (Angels Stadium of Anaheim)
Agency Negotiator: Tom Morton
Negotiating Parties: Angels Baseball, LP, Pacific Coast Investors, LLC, City of
Anaheim
Under Negotiation: Price and Terms of Payment Regarding Lease
At 5:14 P.M., council session was reconvened.
INVOCATION: Nathan Zug, Anaheim Fire & Rescue Chaplain
FLAG SALUTE: Council Member Jordan Brandman
PRESENTATIONS: Recognizing Dr. Elizabeth Novack for her dedication and contributions to
the Anaheim Union High School District and the greater Anaheim
community
Mayor Tait recognized the many accomplishments of Dr. Elizabeth Novack as a teacher, a
principal, and a school district superintendent. Dr. Novack remarked she was a product of the
Anaheim Union School District and was grateful for the opportunity to make a contribution to this
community. Senator Lou Correa expressed his admiration as well, remarking Dr. Novack had
put Anaheim's youths front and center at all times and that the plans and programs she had put
in place would continue. Gaston Castellanos, representing Congresswoman Loretta Sanchez,
emphasized Dr. Novack's inspiration and dedication to the children of this community. Daisy
Campos, representing Assemblywoman Sharon Quirk Sliver, Jessica Gutierrez, representing
Assemblyman Tom Daly, and Orange County Supervisor Shawn Nelson also honored Dr.
Novack.
Recognizing the 2013 Eagle Scouts from the City of Anaheim
The recipients for the 2013 Eagle Scouts award were recognized and introduced to the
community by Jorge Ruiz de Somocurcio.
ACCEPTANCE OF OTHER RECOGNITIONS (TO BE PRESENTED AT A LATER DATE):
Recognizing St Catherine's Academy on their 125th Anniversary
Proclaiming March 22, 2014, as World Water Day
Proclaiming March 21, 2014, as World Poetry Day
Proclaiming March 2014, as American Red Cross Month
Proclaiming March 2014, as Music in Our Schools Month
City Council Minutes of March 11, 2014
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Proclaiming March 2014, as Women's History Month
Sister Johnellen Turner announced St. Catherine's Academy celebrated their 125'" anniversary
this month, remarking there were thousands of young men who attended this school and
hundreds of sisters who had the Anaheim community for over a century.
Donna Boston, American Red Cross, announced March was the time to celebrate the heroes
who worked in the Red Cross and those members of the community who donated blood and
volunteered and thanked the city for remembering and honoring their service.
Kathleen Pezzetti, Anaheim Library, announced the special events scheduled to celebrate
World Poetry Day inviting the community to participate.
Dorothy Rose, Orange County Symphony, looked forward to expanding the Symphony's music
program in Anaheim Schools, and this recognition was a way to call attention to that effort. She
remarked that any interested person wishing to donate musical instruments, could do so at the
Anaheim City School District office.
Don Calkins, Assistant General Manager, Water Services, stated this was a good time in these
California drought conditions to focus attention on the need to use water wisely, adding that
Anaheim had a number of incentives and programs to help reduce water use.
At 5:40 P.M., Mayor Tait called to order the Anaheim Public Financing Authority (in joint session
with the Anaheim City Council).
ADDITIONS /DELETIONS TO THE AGENDAS None
PUBLIC COMMENTS (all agenda items, except public hearing):
Leticia Mata, Orange County Human Relations, distributed their annual report, identifying
specific services provided to Anaheim over the past year. She added in partnership with local
municipalities, her organization encouraged understanding among neighbors and diverse
community members, through respect and conflict resolution and had developed practical
guidelines in managing civility in public forums.
Cecil Jordan Corcoran, Outreach Homeless Ministries, discussed his purpose in the ministry.
Daniel Demeyere, resident, updated the city on the Brookhurst Street Improvement project.
Mayor Tait asked if the project management had improved with Mr. Demeyere responding that it
had and thanked staff for their efforts.
James Robert Reade discussed potential increase in gang activity referred to as Gang War
2014.
William Fitzgerald, Anaheim HOME, spoke against the Convention Center expansion, the
ARTIC project, Disneyland, the Higher Ground non - profit agency and other subjects.
Michael Baker, Boys and Girls Club, looked forward to the upcoming gala fund raiser benefiting
the outreach efforts to the community. He appreciated the city's support and urged the
community to visit their website for sponsorship information.
Bob Tiscareno stated he had spoken on several occasions to the issue of the homeless in
Anaheim adding that the city's efforts to address this problem, was not working and identifying
City Council Minutes of March 11, 2014
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specific situations he had seen happening in La Palma Park. On another issue, Mr. Tiscareno
remarked that the four council members who forced the lawsuit against the city regarding
districting should be required to pay the $2.8 million fine. He also indicated he would be a
candidate for city council.
Marie Baird indicated she was here with her family members regarding their property, the
Parkview Inn on Harbor Boulevard, indicating there were plans in place to expand and build a
larger hotel on their site which would include the IHOP restaurant and the Coldstone Creamery
businesses. She expressed concern over the proposed route of a street car tract to be
constructed from the ARTIC site to Disneyland and fearful it would affect their property and
business. She opposed the alignment going through their property and asked for a public
hearing on this matter. Mayor Tait requested staff schedule this item on a future agenda to
address questions he had as well as the property owner's concerns.
Hugo Gutierrez stated he had been an employee at Angel Stadium and the Honda Center and
had not lost his job since Legends Co. came in as the management company and Aramark was
no longer involved. He asked for a job retention law to be enacted to save the jobs of local
workers who served the fans of Angel Stadium well.
Joseph Nutt remarked he worked in Angel Stadium until this past year and before that was a
premium bartender in the Diamond Club for seven years and recently found out he no longer
had a job. He remarked those local workers were here to voice their concerns, and asking for a
job retention law.
Myrtle Turgison stated she was also an Aramark employee for Angel Stadium for the past six
years and was now standing before Council because she had lost her job with Legends taking
over stadium operations. She asked Council to reconsider the retention law and allow her to get
back to work.
Lloyd Lindsey also asked that Council consider a job retention ordinance to allow the stadium
workers to return.
Pedro Navagan remarked he had worked at the Convention Center for 20 years, remarking
Council had allowed the firing of 500 workers at the Honda Center for the same type of situation
and urged Council to pass a worker retention ordinance for the Convention Center labor force.
Noel Rodriguez, Unite Here Local 11, indicated the union represented 5,000 workers in the
tourism industry in Anaheim /Orange County, and if the city was going to invest taxpayer dollars
into projects that benefited team owners and resort district hotels, they must make sure that the
thousands of workers on those sites owned by the city were protected whenever the manager of
a property decides to change companies. It happened with the Honda Center and now over
200 Angel Stadium workers were out of work and the Convention Center employees were
facing a similar fate. He added whether the Council expanded the Convention Center or not,
they should protect the jobs of the workers who take care of the fans and serve the guest and
ensure visitors returned and could do this by passing a worker retention law similar to those
passed in other major cities in the country.
Brian Chuchua thanked Council Member Eastman for putting the Veteran's Memorial item on
tonight's agenda.
COUNCIL COMMUNICATIONS None
City Council Minutes of March 11, 2014
Page 13 of 31
CITY MANAGER'S UPDATE None
At 6:28 P.M., Mayor Tait recessed the Anaheim Public Financing Authority to consider the City
Council consent calendar.
CONSENT CALENDAR Council Member Eastman moved to waive reading in full of all
ordinances and resolutions and to adopt the consent calendar as presented, in accordance with
reports, certifications and recommendations furnished each city council member and as listed
on the consent calendar, seconded by Council Member Kring. Roll Call Vote: Ayes — 5:
(Chairman Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0.
Motion Carried.
D180 1. Authorize the Purchasing Agent to issue purchase orders, in an amount not to exceed
$93,000 plus applicable taxes, for three Ford Police Interceptor Utility vehicles to the
lowest responsive and responsible bidder.
2. Approve and authorize the Director of Public Works to execute and take the necessary
actions to implement and administer the First Amendment to the Property Management
AGR- 7913.1 Agreement with LPC Transit Management LLC for parking management services for
ARTIC and authorize de minimis changes that do not substantially change the terms and
conditions of the Agreement, so long as such changes are determined to be de minimis
by the City Attorney's Office.
3. Approve an agreement with Audio - Visual Services Group, Inc. dba PSAV Presentation
AGR- 5409.A Services (PSAV) designating PSAV as the preferred audio - visual service provider and
the exclusive rigging service provider at the Convention Center, specifically for the
Ballroom, Meeting Rooms, Arena, and in Exhibit Halls not containing exhibit(s).
4. Approve and authorize the Public Utilities General Manager to execute and take the
necessary actions to implement and administer the Renewable Power Purchase and
AGR - 7998.1 Sale Agreement with Bowerman Power LFG, LLC (Seller), and any other related
documents or agreements including, but not limited to, collateral assignment agreements
and authorize the Public Utilities General Manager, or designee, to approve, as
applicable, Accepted Compliance Costs in an amount not to exceed the Shared
Compliance Expenditure Cap by 6% of the Expected Annual Net Energy Production
multiplied by the Product Price Per Term Year and /or waive specified Seller Compliance
Actions.
5. RESOLUTION NO. 2014 -044 A RESOLUTION OF THE CITY COUNCIL OF
R100 THE CITY OF ANAHEIM, CALIFORNIA, in support of Assembly Bill 1453 and in favor of
the establishment of the Southern California State Veterans Cemetery.
6. RESOLUTION NO. 2014 -045 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain interests in real properties (City Deed Nos. 11598; 11635, 11636, 11637, 11638,
11639, and 11640).
D114 7. Approve minutes of Council meeting of February 4, 2014.
At 6:30 P.M., the Anaheim Public Finance Authority was reconvened to consider the Joint Public
Hearing.
City Council Minutes of March 11, 2014
Page 14 of 31
CITY COUNCIL /PUBLIC FINANCE AUTHORITY JOINT PUBLIC HEARING
9. A joint public hearing to approve the proposed financing of costs of certain
6137.1 improvements to the Anaheim Convention Center, including resolutions authorizing the
AGR- 7374.111 issuance and execution of lease revenue bonds in an aggregate principal amount not to
exceed $300,000,000, a professional services agreement with STV Construction for
AGR- 7374.IV project/construction management services, a contract with Turner Construction
AGR- 7374.V Company for the design and construction, and a professional services agreement with
Rider Levett Buckanail for design -build consulting services.
Public Financing Authority Action: (See March 11, 2014 Financing Authority Minutes for
details of approval; a separate action by the Authority was taken relating to the Public Financing
Authority resolution)
RESOLUTION NO. APFA 2014 -002 A RESOLUTION OF THE ANAHEIM
PUBLIC FINANCING AUTHORITY authorizing the issuance of not -to- exceed
$300,000,000 aggregate principal amount of its lease revenue bonds, providing the terms
and conditions for the issuance of said bonds, and other matters relating thereto.
City Council Action:
RESOLUTION NO. 2014 -046 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving, authorizing and directing the execution of certain
documents relating to the issuance of bonds by the Anaheim Public Financing Authority
and other matters relating thereto.
Approve a professional services agreement with STV Construction, Inc., in the amount
of $8,573,562, to provide owners' representative and project/construction management
services for the Anaheim Convention Center Expansion Project (Betterment VII).
Determine that the proposal submitted by Turner Construction Company (Turner)
represents the best value to the City, award and approve a contract, in substantial form,
with Turner, in the amount of $155,000,000, for the design and construction of the
Anaheim Convention Center Expansion Project (Betterment VII) at Car Park 1, waive
any irregularities in any of the documents of the responsive, responsible, and qualified
vendor deemed to offer the best value in this procurement process, authorize the
Director of Public Works to execute any related documents and take the necessary
actions to implement and administer the contract through completion, authorize the City
Manager to execute the stipend agreements, in a total amount of $50,000 each, for the
two non - selected respondents, and authorize the Director of Finance to execute the
Escrow Agreement pertaining to contract retentions in accordance with Public Contract
Code Section 22300.
Waive Council Policy 4.1 and approve a Professional Services Agreement with Rider
Levett Bucknall, in an amount not to exceed $497,762, for the design -build consulting
services for the Anaheim Convention Center Expansion project.
Tom Morton, Convention, Sports & Entertainment, addressed the 7 th expansion of the Anaheim
Convention Center which spoke to the Center's success as a convention and meeting
destination. Beginning with its opening in 1967, he noted the city had expanded six times to
meet the needs of the convention market and as each expansion proved successful, Anaheim's
attraction as a convention destination increased. To answer the question of why the need to
expand again, Mr. Morton emphasized the following points: it would offer the ability to attract
City Council Minutes of March 11, 2014
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high yield, meeting- intensive business, the ability to hold concurrent conventions to maximize
economic impact and minimize peaks and valleys in hotel room occupancies, the need to
replace CarPark1 parking structure which due to height limitations could not be seismically
retrofit and lastly, it would offer the ability to meet future needs.
He explained the next expansion, referred to as Betterment VII, would be located on the current
site of CarPark1 and when completed, would provide 200,000 square feet of leasable, flexible
space that could be used as exhibit, ballroom or meeting rooms, the replacement of existing
parking spaces, new loading docks and a new improved vehicular entrance. In addition, a
climate controlled connection to the existing facility and all the necessary front -of -house and
back -of -house space to efficiently operate the facility would be included.
Jay Burress, Anaheim /Orange County Visitors & Convention Bureau (AOCVCB) thanked the
hospitality and hotel community that had the wisdom to partner with the city on the creation of a
Tourism Improvement District (TID) established with the sole purpose of expanding future
business and funded through a 2% self- assessment marketing fee on each hotel room per
night. He emphasized the convention center had an opportunity to move forward with this
expansion because it was outgrowing the need for flexible meeting space and the continued
growth of education programs of the various national associations and corporations. He
indicated corporate and medical meetings required a significant amount of concurrent meeting
space which was not currently offered and without these higher level and higher tiered
meetings, the convention center would be forced to fill that space with meetings requiring lower
average daily room rates, lower transient occupancy taxes (TOT) and ultimately affecting jobs
within the city. He explained that recent trade shows and meetings such as NAMM, Natural
Products Expo West, and Helicopter Association International had a large economic impact on
restaurants, shopping outlets, and entertainment with their huge numbers of attendees. He
added that these venues were at risk of leaving Anaheim in order for them to grow. Mr. Burress
explained that for many of these trade shows and conventions, it was their single most
important revenue source to run their operations for the entire year and it was important for
them to continue to grow their attendees and to do that, they would have to leave Anaheim for
another destination that could accommodate their growth. He added the new business
opportunities resulting from the expansion would attract American Academy of Ophthalmology,
American Baker's Association, American College of Cardiology, American Heart Association,
Infocomm, Microsoft, and Oracle, pointing out the American Heart Association already made a
commitment for 2019 and 2025 because of the possibility of an expanded facility. He pointed
out the American Heart Association represented 58,000 room nights and Expo West set a
record last week with 67,000 attendees filling the Grand Plaza and with record high restaurant
users. In addition, the Convention Center wanted to accommodate concurrent events and be
able to maximize the use of space while having the city receiving the benefit of a continuous
flow of transient occupancy tax.
Susan Sieger, Crossroads Consulting, indicated her firm updated an economic study conducted
in 2007 to reflect the most current financing terms. The key questions for her was whether there
was a market demand for an expanded convention center, what was the impact to the Anaheim
Convention Center event activity with and without the expansion, what were the potential
economic benefits associated with an expanded convention center in terms of spending and
jobs, and what were the potential tax revenues associated with an expanded facility. She
indicated market research suggested the proposed flex space would result in the convention
center hosting more simultaneous and larger conventions /tradeshows based on various factors
including historical use, conventions, and tradeshows as a percentage of the overall convention
center activity, user input, and the historical performance relative to competition and the overall
City Council Minutes of March 11, 2014
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destination package. Lost business reports and industry trends were also factors to consider in
this analysis. Her firm analyzed the last three years, and found that Anaheim would not be able
to maintain the same amount of business because its competitors in terms of facilities and
destinations were changing their product. The analysis showed there would be 35 to 40 percent
more conventions with the expansion (which means 20 — 23 new conventions over the current
status) and attendance would increase 41 to 50 percent higher under those same scenarios,
increasing from 513,000 current attendees to between 720,000 to 767,000 people. In terms of
room nights, she stated, not all attendees stayed overnight in Anaheim, so adjustments were
made which showed 86 percent of attendees stayed overnight and 80 percent stayed in
Anaheim, with about 1.4 persons per room, which reflected $998,000 to $1.1 million in annual
room nights.
The next question, what was the potential annual economic benefit associated with an
expanded ACC measured in terms of spending and jobs; when compared against the status
quo, she believed Anaheim would lose about nine percent of what they had been doing
historically, and would increase from $134 million to $160 million in direct spending and $221.5
million to $266 million in total spending. She explained that for every dollar of direct spending,
Anaheim would be getting $1.66 back. The third and potentially more important component was
jobs and those numbers would increase from 1,800 to 2,200 jobs annually as a result of the
spending associated with expansions.
The next question, she remarked, was how that translated into tax revenues. She stated that
Orange County would receive some of the benefit as well as the state, but for Anaheim, the
increase over the status quo would be between $11.5 million and $13.8 million and for TOT that
figure was expected to increase between $9.3 and $11.2 million annually.
To summarize this research, Ms. Sieger remarked Anaheim had already made significant
investments with both public and private funds and the fact the resorts were willing to self -
assess themselves to expedite this process was a strong indicator of the support this
investment was receiving. Anaheim's competitors continued to improve their product and while
it was not necessary to double the space to keep up with them, it was important to make sure
Anaheim was offering the best product possible. Because the status quo was estimated to
result in a decrease in event activity which directly related to the bottom line as well as to
economic and fiscal benefits, one of the things Crossroads Consulting saw was an opportunity
to maintain existing business, attract new business, and increase Anaheim's overall market
share of the industry. She thought the proposed expansion would enhance the Anaheim
Convention Center's marketability and competitive position for the next ten to 15 years.
City Engineer, Mark Vukojevic, reported the city had prepared a strong project package for
Council's consideration with clear objectives; i.e. an innovative design, a flexible facility to meet
the maximum value and cost, and schedule certainty. He indicated staff specifically chose
design /build as a delivery method as the best tool to meet these objectives and in the Request
for Proposal had established minimum requirements, quality expectations, disclosure on the
scoring process and all the design teams were very clear on the need for 200,000 square feet of
leasable flexible space, 1,400 parking spaces, and a fixed construction price of $155 million.
On the RFP deadline date, three teams submitted proposals and the evaluation committee
unanimously selected the design and construction proposal submitted by Turner Construction
and Populous Architects. He remarked Turner Construction was a global provider of
construction services, and at their core, the company's values and commitments were towards
making a difference in the lives of their staff, customers, and the communities in which they
worked. He added, Populous was recognized as one of the nation's premier convention center
City Council Minutes of March 11, 2014
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architects. He indicated that over the last two months staff finalized all of the negotiations and
packaged this project for Council's consideration.
He further explained the design continued the existing character of the Convention Center,
reflective of a warm, inviting atmosphere using imagery from California geography, geology, and
the surrounding areas. He provided renderings showing the new expansion and its adjacency
to the arena, noting the construction would have 350,000 gross square feet and 1,400 parking
spaces with all the setbacks and landscaping standards in place to preserve and enhance
unique outdoor areas. With this project, he remarked, the Convention Center was fully
connected and contiguous and the front of the building along Katella was modern, sleek, and
classic in design to match the character of the resort. A 10,000 square foot elevated outdoor
balcony would take advantage of views and offer an additional 10,000 square feet of leasable
space to the 200,000 square feet of new space. Another rendering showed how the second
floor flex space could be turned into a ballroom configuration with 25 foot high ceilings, column
free with a full kitchen, escalators, and elevators and all the necessary bathrooms and back -of
house accessories. He explained the creative solution to parking which offered a portion of the
parking within the truss system in between the first and second floors, called interstitial parking,
which offered maximum value and maximum flexibility to the facility, adding that all parking
spaces were on site, all fully connected with two separate access ramps that could be used to
load cars in and out.
Mr. Vukojevic indicated the timeline and the schedule for this expansion had been established
and the design would begin immediately with submittals already scheduled. The plan was to
begin demolition of CarPark 1 in September of this year and 600 spaces would be back in
service within one year. From there, the contractor would complete the entire construction by
the fall of 2016 and the new building would be turned over to the Convention Center for use. He
added that in December of 2012, Council had adopted a resolution certifying the final impact
report as well as the findings and mitigation monitoring plan for Amendment #14 to the Anaheim
Resort Specific Plan, including Betterment VII and as part of tonight's action, staff was
requesting Council approve the design /build agreement with Turner Construction and the
necessary construction management support contracts to assist the city in delivering this
project.
Finance Director, Debbie Moreno discussed financing of the expansion and the benefits the city
anticipated to receive from this project. She began with background information reporting
Betterment VII had been in the discussion stages for some time and with the economic
recession, it was obvious that the city would not be able to finance the expansion on its own and
working with the Visitors and Convention Bureau and the hoteliers in the Resort District and the
Platinum Triangle, the Anaheim Tourism Improvement District (ATID) was created in 2010. This
enabled the hoteliers to agree to self - assess two percent of their room sales to pay for improved
marketing and promotions of the Anaheim destination and to contribute to future transportation
projects. In return, she explained the City no longer funded the Visitors and Convention Bureau
(VCB) from the general fund and that amount freed up roughly $6 million annually which was
used to pay for the Grand Plaza addition and could not be used for the next phase of the
Convention Center expansion. She explained it was important to recognize that the amount the
general fund previously paid to the VCB was based on a percentage of the transient occupancy
tax (TOT) generated and in 2014, TOT revenues would reflect $7.6 million which meant that
$1.6 million was now available in the general fund to provide services to the Anaheim
community. She added if you assumed TOT to grow at three percent, the value of the
marketing and promotions dollars the city used to pay to VCB would be valued at $450 million
City Council Minutes of March 11, 2014
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from the beginning of the ATID in 2010 to year 2056, when the debt for the expansion would be
paid.
To ensure this was the right project for Anaheim, a list of questions was developed before staff
could either recommend for or against the expansion of the Convention Center:
1) Was there a return on the resort investment?
2) Did the expansion create a net benefit?
3) Can the city afford it?
4) Did the investment benefit the entire community?
To answer the question would Anaheim see a return on their investment in the resort, Ms.
Moreno reported the resort generated nearly 50 percent of the general fund revenues (TOT,
sales and use taxes, property taxes, and business licenses) and all of that was estimated to
bring in about $120 million in 2014 to the general fund. The largest expenses related to the
resort were for the debt service for the 1997 Resort Improvements and several other small debt
issues. The City no longer paid the VCB marketing and promotions fees so after all the other
debts were paid, $60 million would be left in tax revenues to provide for general fund services
such as police, fire, parks, libraries, and other community services. The answer to that
question, she remarked was yes, the city would see a $60 million return on the investment in the
resort.
To answer the question did the propose expansion create a net benefit, the Finance Department
hired Crossroads Consulting to perform a market and economic analysis of the proposed
expansion, a firm that was an expert in the field and had not been involved in the project before
nor had an opinion on the overall plan. In the end, she commented their detailed research and
conservative estimates showed Anaheim would gain significant new revenues totaling $380
million predominantly TOT monies and additional sales and use taxes. The expansion would
retain existing trade shows and conventions and their guests and enable the city to retain $164
million in revenues that might have otherwise been lost. She indicated this was mostly due to
TOT, but also included a portion of operating revenue that the Convention Center received from
rentals that would now be available to pay their day -to -day operations. She announced the total
new and retained revenues reflected $545 million dollars and deducting the $410 million debt
service for the convention center expansion and replacement of CarPark1 showed an economic
benefit to the city of $135 million. That figure, she emphasized, meant the project was estimated
to return $135 million more than it cost to build. She added if you take this one step further by
adding the estimated $450 million of marketing and promotions costs that the city would have
paid to the VCB through year 2046, this would leave the city with a total benefit of $585 million.
To answer the question could the city afford this expansion, Ms. Moreno stated there was
roughly $85 million in existing general fund debt other than the 1997 resort improvements which
would be paid off soon, and monies could be saved on interest payments by refinancing about
$53 million in debt, paying it off sooner rather than originally scheduled with the exception of
about $2 million borrowed several years ago for the Grand Plaza addition. She explained when
adding the new funds to be borrowed for Betterment VII and the refinanced debt, staff expected
to pay $17 million less per year and this was roughly equal to where the city was today. Most of
the new incremental revenue received could then be immediately used for general fund services
since Anaheim would not be paying any more today, which made the expansion affordable.
City Council Minutes of March 11, 2014
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To the last question, did this benefit the entire community, Ms. Moreno remarked the best way
to answer that was to look at the overall impact of the general fund, those monies used to pay
for all core services. She emphasized if this fund was better off, then the entire community was
better off, especially as a portion of the city's debt would mature in 2019 and no longer needed
to be paid. The general fund would be better off by going forward with Betterment VII.
She announced to not expand and pay off the existing debt, the following scenarios would
occur. Using the mid -point as an example, the overall resort tax revenues would be less without
the expansion because there would be no new revenues and some of the existing revenues
would be lost because of lost business. The debt service would be less but that meant the city
would not pay off the debt as fast, because the debt service payment was tied to percentage of
revenues received. The other general fund debt service would be paid but the city would still
have to replace CarPark1 at about $2 million and if the commitment to expand the Convention
Center was not honored, Anaheim would likely have to fund the marketing and promotions now
being paid by the ATID. At the end of year 2015, she estimated the net resort tax revenues
remaining would be almost $116 million if expanded versus $109 million by keeping the status
quo. This would mean there was an extra $7.2 million in the general fund to provide services to
the entire community if the expansion went forward in this year alone and over the course of 15
years, the general fund would be better off by $117 million and $323 million in a 30 year period.
She emphasized this project was a benefit to the entire community.
Ms. Moreno brought up an additional component of the financing plan. In addition to providing
the Convention Center expansion, she noted current market conditions made it possible to
borrow an additional $20 million at historically low interest rates and still maintain debt service at
or below current levels, offering $20 million to be put back to work in the community on public
safety facilities and other community and neighborhood improvement projects. Because of the
new TOT revenues coming in, another $80 million could be paid toward the resort bonds which
could result in them being paid a little faster. Based on the information today, she remarked,
there was a lot to be gained for the community with this project and if were delayed, it would
likely cost more as interest rates rose, pointing out an increase of the interest rates at only one
quarter of one percent resulted in an additional $500,000 per year in debt service. And if no
expansion occurred, Anaheim would see a decrease in Convention Center revenues and
general fund tax revenues and with the existing debt obligations, there would be fewer
resources available for the general fund in the short term.
Based on the affirmative answers to her initial questions and the partnership with the local hotel
industry that provided freed -up funding, Ms. Moreno recommended Council approve the
expansion and the related financing plan as the right project at the right time for the entire
community.
Tom Morton ended the presentation emphasizing the need for this 7 th expansion was necessary
if Anaheim desired to stay in the convention, trade show, and meeting business; it needed to
retain large annual conventions and tradeshows, to attract high yield meeting- intensive
business, to hold concurrent conventions to maximize economic impact, minimize peaks and
valleys in hotel room occupancies, and to replace CarPark 1. With this expansion the city would
see growth of general fund revenues and additional funds would become available for core city
services while bond proceeds would be immediately available for public safety facilities and
community improvement projects. He stressed that Anaheim was one of the nation's premium
convention and meeting business destinations and with this expansion, its continued success
would be secured for future years. He requested Council's approval of the issuance of bonds
through the Anaheim Public Financing Authority, the project construction management services,
City Council Minutes of March 11, 2014
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and the issuance of bonds via the City Council along with the design /build contracts and
consulting agreements.
Mayor Tait opened the public hearing.
Anthony Barron, GES Global Experience, remarked he was a member of Local 831, specializing
in trade show and sign crafts installation. He was supportive of the proposed Convention
Center expansion, remarking he had personally seen those expansions work and grow jobs. He
thanked the city for their vision in the past and looked forward to the future.
Rhonda Atterberry, Local 831 trade show and styler, remarked Anaheim could not afford the
status quo as she had seen business go to San Diego or Las Vegas and other competitors,
which necessitated members of Local 831 traveling and spending their dollars in other cities
when she preferred to live and work closer to home and to keep those dollars in Anaheim.
Jessica Lopez, trade show industry, remarked the countless hours and thousands of people
behind a single event is often overlooked when considering the impact of convention and
tradeshow destinations on a community. She supported an expansion that would help rebuild
the economy and the Anaheim community, creating jobs and continued growth for the future.
Kevin Kennedy was in support of the Convention Center expansion, thanking the many
community partners who created a funding mechanism to finance this project. Today, he
remarked, the two percent room assessment feet through ATID allowed Anaheim the ability to
expand destination marketing and creatively promote the Convention Center and grow future
business while supporting surrounding communities. He added the expansion was a necessity,
not a luxury and was needed to remain competitive, grow future business, and create jobs for
the citizens of this community. He offered letters of support from people in the community
including Senator Bob Huff, Senator Lou Correa, Senator Mimi Walters, Assemblywoman
Sharon Quirk Silva and Assemblyman Don Ladner all supporting the expansion and aware of
the economic value the Convention Center brings to the region.
Cecil Jordan Corcoran offered personal comments unrelated to this public hearing.
Douglas Robbins, remarked he was in the painters and allied trades but was here as a resident
expressing his full support for the Convention Center expansion. He added there were few
things in life considered to be a sure thing but the expansion of the Convention Center, even if
the anticipated revenues were reduced by 50 percent would still create revenue for the city and
would bring direct and indirect benefits to the entire community. He urged Council to approve
the project.
Richard Samanigo, IBEW Local 441, remarked he represented over 2,000 local workers that
were ready to work on this project and he hoped would be considered as part of the
construction contract.
Ross McCune, Anaheim Chamber of Commerce, remarked he was also the owner of Castle
Building in Anaheim, and urged Council to vote in favor of the Convention Center expansion.
He added much had been said about the proposed plan but the most important component was
jobs on many levels. In Orange County there were 160,000 jobs depending on tourism and
convention industry, ranging from entry level to executive, and this project would create much
needed good - paying construction jobs. He indicated the partnership between the city and the
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business community would modernize one of Anaheim's most valuable assets and allow
Anaheim to keep its competitive edge in this industry and to pay dividends in the years to come.
Carl Ritola, Plumbers & Steamfitters, Local 582, remarked Anaheim had been fortunate to have
the vision of leaders who preceded Council, both in the public and private sector, and he
supported Council taking advantage of past investments and building on them for the future.
For his colleagues in Local 582 and the rest of the building trades, he urged Council to approve
this project which would benefit so many in this community.
Pete Mitchell, Anaheim Police Association, stated he was here in support of the Convention
Center expansion and had submitted a letter from the Anaheim Police Association who strongly
supported it as well because they recognized that business was the key to Anaheim's success
to keep revenues flowing in order to address the needs of the community.
Steve Arnold, Anaheim /Orange County Hotel lodging Association, remarked this was an
important juncture for the city to act decisively to secure the strength of Anaheim's economy
which would lead to direct benefits to tourism industry businesses, create more jobs for the
community, and indirect revenues and benefits for its residents.
Kevin Curtis, Rain Forest Cafe /Anaheim Restaurant Council, urged Council to approve the
Convention Center expansion by a unanimous vote, because it would support existing
hospitality businesses and create new jobs. As an example, his restaurant was one of the top in
the nation in terms of gross sales, employing almost 500 people in one restaurant with a million
diners per year. It was a large business and reached that level though prior convention
expansions and because the city focused on future revenue growth in Anaheim. He added
Anaheim needed this expansion to keep business flowing as competitors were always looking to
lure business away.
Robert Kaczmarczyk, Ralph Brennan Jazz Kitchen, also supported this expansion remarking all
the businesses in the resort area benefitted from the Convention Center attractions. He had
been a part of this industry for over 22 years in major cities throughout the west coast and at
each facility he had seen expansions bring in direct benefits benefit to businesses and
restaurants. He urged Council to unanimously approve the Convention Center expansion and
allow local business to continue to prosper.
Jim Adams, LA/OC Building & Construction Trade Council, requested all those affiliated with a
local union to stand up and be counted. He added he was here to support the project
recognizing that for the last seven years the craft unions had suffered severe job loss and this
project would help create some of those much needed jobs. He added his organization was
currently working with Turner Construction on other projects and had shared the same goals
when it came to local job creation, career path in unions, and an apprenticeship program. He
added it was the Trade Council's responsibility to train the construction work force for tomorrow
and they took that obligation seriously but at the end of the day, jobs were needed to fulfill that
obligation. In this case, he remarked, the expansion made good sense with no downside to the
development. He urged Council to approve the expansion.
Jill Kanzler remarked SOAR was solidly in support of this expansion as it would generate
millions of dollars and the financing would cost the city no additional money. Generating $9.5
million in tax revenues each year, the creation of 1,800 to 2,200 jobs, she urged Council to vote
unanimously to approve the expansion.
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Phillip Salerno, Local 500 Masons, remarked the building trades just made history with the
largest concrete pour ever done at the Wilshire Grand Skyscraper in downtown Los Angeles,
using union labor and only possible with the unification of the building trades. He was here to
support the ACC expansion and to use union workers from the area to build the next phase of
the Convention Center with the trained apprentices of today.
Robert Donahue, Disneyland Resort and AOCVCB, remarked Disney was fortunate to have one
of the premiere convention centers in the nation and urged Council to approve an expansion
that would keep the larger and more profitable shows and attract new ones that could bring
significant business to the city. He added that a few years ago, the Disneyland Resort along
with other hoteliers in the resort area and the Platinum Triangle formed the ATID which added a
two percent room tax to fund the VCB and transportation projects because they understood the
benefit of promoting and enhancing the area as a whole. He encouraged Council to support the
expansion knowing it would benefit residents, businesses and the entire region.
Julia Smith, Global Experience Specialists, explained her firm had been a major employee in
the exhibition industry for over 70 years with 45 years in Anaheim. She acted as an officer on
the boards of the International Association of Exhibitions and Events and the Exhibitions and
Services Contractor's Association, talking to mutual clients and potential clients about what they
were looking for in venues. She indicated mutual clients such as Helio Expo, Natural Products
and Produce Marketing bring millions of dollars in spending to Anaheim and provided hundreds
of jobs and work hours but those shows would seek out other venues if they could not grow in
Anaheim. She had been an advocate and supporter and part of the Anaheim team through
every expansion of the Convention Center and strongly urged an approval on this latest and
necessary expansion.
William Fitzgerald spoke against the Convention Center expansion, Disney Corporation, the
GardenWalk hotel subsidy, ARTIC and various other city initiatives, alleging improprieties,
payoffs and making certain claims against council members. Mayor Tait commented that Mr.
Fitzgerald was out of line in his comments asking that he remain civil when offering his
perspective. Both Council Member Kring and Mayor Pro Tern Murray responded to Mr.
Fitzgerald's comments as a point of personal privilege.
Shaun Robinson, Anaheim Hilton, remarked the Hilton had expanded before and planned to
expand again as the largest convention hotel in Orange County and a major generator of jobs
and revenues for Anaheim taxpayers. He stated this expansion was a prime example of how
public consensus drove private ventures and another Hilton expansion would mean continued
jobs for over 1,000 employees and hundreds of new jobs created on top of that. He strongly
supported the Convention Center expansion adding the additional revenues were 100 percent
generated by hotel room taxes by visitors and went directly to the city's general fund to pay for
vital community services.
Darlene Cochran, Pacific Sightseeing, stated she was a local transportation operator in
Anaheim, home to the Gray Line of Anaheim, home to Disneyland Resort Express airport
service, home to MegaBus California, Amtrak Bus Service and the Charter Company. She
added her buses needed passengers to succeed, for tourists to visit, conventioneers to return,
and the convention center to expand and grow. She remarked Pacific Sightseeing would do
everything possible to support Anaheim because it supported her business by bringing visitors
to the city.
City Council Minutes of March 11, 2014
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Kevin Dow, Turner Construction, Anaheim, stated Turner and Populous were design partners
and excited to be selected as the Convention Center's design /build team. He added Populous
Architects represented the very best in architecture and design for assembly and convention
center space throughout the country and Turner Construction was a local company with over
200 professionals here in Anaheim. He indicated his team provided a deep culture in business
outreach and community participation and on this project, planned to create opportunities for
small, minority, disadvantaged and local businesses to participate in the expansion. He added
Turner Construction was working with Jim Adams and the Orange County business trades to
facilitate local hiring programs and apprentice outreach programs. They believed the design
would result in the Anaheim Convention Center being recognizable throughout the country as
one of the most flexible meeting spaces and functional facility. He thanked the city for their
foresight and support of this world class project.
Todd Voth, Populous, remarked his firm had the opportunity to work on the Arena and the
ballpark and felt a connection to Anaheim and had taken this opportunity to provide a design
that met all of the city's goals and would be a state of the art facility that fit well within the current
convention campus.
John McKinney, resident, spoke in support of the Convention Center expansion, adding that if
the income from the Anaheim Stadium was not enough to pay off this bond, it should be sold
and that area used for the next expansion of the Convention Center, remarking more income
would come from that purpose than had been received through the baseball stadium.
Todd Ament, Anaheim Chamber of Commerce, spoke about a process that began as soon as
the last expansion was completed, to address the market's demand for more space and
opportunities in the Anaheim Convention Center. He discussed the various ideas considered
for expansion including constructing a hotel over CarPark 1 and the hit the industry took during
the recession and why the TID was formed in Anaheim and in Garden Grove in recognition of
regional economic impacts related to the Anaheim destination. He added the expansion was
ready to go, staff had done their work, the financing models had been figured out and Council
had an opportunity to support an expansion bringing in an average of $20 million a year over the
next 30 years; he urged their approval of the project.
Chris Snyder, Catch Restaurant and Tapp's Fish House and Brewery, remarked that in 1991
there were three major restaurants in Anaheim, Mr. Stox, the Catch and the White House. The
Catch restaurant decided in 2010 to reinvest in the city and bring the Catch back from its
closure in 2008 with Mr. Snyder urging Council to take the next step that would lead the city
through the next 20 years of success and support the Convention Center expansion on a
unanimous vote.
Ed Fuller, OC Visitors Association, emphasized that in 40 years with the Marriott, he had not
seen as compelling an argument financially for a project as this one. He stated the Convention
Center brings in money from outside the community which would not be here unless the
Convention Center had grown and remained prosperous. Forty -two million visitors come to
Orange County every year and 1.2 million use the Convention Center, which today generated a
billion dollars and was a major part of the tourism market as well as generating future returning
guests. To him the most important winner in this investment was the people, the jobs, the cab
drivers and all the service individuals who would find new opportunities and be able to grow and
become future leaders in the hospitality industry.
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Larry Slagle stated that Disney, the hoteliers, and the business community all decided that a
natural development for Anaheim should be a convention center to even out the demand and
that concept had worked to this date. He stressed the TOT was paid by non - residents, and with
the creation of the TID, the Convention Center upgrades would be paid for by visitors not
residents. He suggested a financing mechanism should be considered for the next betterment
upgrade.
Cynthia Ward, resident remarked she was in support of this project as long as certain questions
were answered: 1) Was there any guaranty in the contract to use union or local labor; 2) is the
general fund at risk, because if it was, the Charter would not allow this project to be approved
without a vote of the people; 3) What is the $20 million in bond funding; 4) was there a second
parking structure; 5) what would the impacts be with the loss of parking while the expansion was
under construction; 6) did finance staff take into account the GardenWalk hotel rooms whose
TOT was being rebated to the developer; 7) were the anticipated rooms in Disney properties
that give away tax money through the LPMR process and resort bonding addressed; 8) could
the public get an update on the LPMR for Disney property that was derived from Anaheim's
general fund; 9) what about earthquake impacts on interstitial parking, and 10) did Homeland
Security sign off on the idea of unchecked, unattended vehicles.
With no other comments offered, Mayor Tait closed the public comment portion of the hearing.
Council Member Kring thanked everyone for participating, for their insightful comments, their
passion for the expansion and the city team for their thorough workshop and public hearing
presentation. She remarked the city had a great opportunity with financing in place and
appreciated the business community behind the expansion to address a long overdue
expansion and position Anaheim ahead of the curve and attracting conventions that would do
double -duty.
Mayor Pro Tern Murray thanked the entire team and staff for an extraordinary achievement and
she looked forward to voting on a sustainable, unprecedented opportunity to invest in this
community. She added the business community and the city had an historic partnership that
stretched taxpayer dollars further with a resort district that generated more than 50 percent of
the city's General Fund. The Grand Plaza was approved and came in under budget and ahead
of schedule and she believed with this kind of planning in place, those same performance
metrics would happen and she was proud to support this effort.
Council Member Brandman asked that questions posed from members of the public be
answered. In response to the first question related to union labor and Turner Construction,
Mark Vukojevic explained that Turner had listed their subcontractors and trade partners and it
was his understanding that many of those listed were union labor. The second question related
to local hiring and the city's obligations - Mr. Vukojevic stated that Turner also provided a
detailed plan on how they would approach efforts to create local hiring to have apprenticeship
programs and specific training and safety programs tied into workforce development. Mayor
Tait inquired if there was any requirement for local hiring in the contract with Mr. Vukojevic
responding there was a hiring program in the contract with no specific numbers. The next
question asked was whether the general fund was at risk and the Charter implications with Ms.
Moreno, Finance Director, remarking that all the bonds would be issued by the Finance
Authority and the City and the General Fund would pay the lease payments to the authority
which would in turn make the bond payment, a legal structure used in California. Specific to any
risk to the General Fund, she noted staff ensured any risk would be reduced by setting a ceiling
for debt service so it equaled where the city was today and any new incremental revenue with
City Council Minutes of March 11, 2014
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the exception of the piece that goes to the debt service or LPMR, could immediately go back
into the community to provide general fund services. She emphasized the General Fund debt
service would be the same as it was today and with the expansion no revenues would be lost
and the city would be in a stronger position than it would otherwise be. Regarding the next
question relating to the $20 million - Ms. Moreno indicated staff had identified as the result of the
bonding capacity available, to recommend that $20 million be bonded for use in public safety
facilities and neighborhood improvements. Staff would specifically recommend that bond be a
part of the 2014/15 budget with the anticipation that those funds would provide for the relocation
of fire stations as contemplated in the Fire Department's Strategic Plan as well as a significant
amount of curb, gutter, sidewalk, and street improvements in various neighborhoods. That
information, she explained, would be presented as part of the budget adoption. The 4 issue
was whether there was a second parking structure being contemplated with Mr. Vukojevic
replying the only parking structure within the project was the replacement of CarPark1. The 5th
question addressed was whether staff took into account rooms that were yet to be constructed
or were in an economic incentive program. Ms. Moreno stated the projections from Crossroads
did not include any additional hotels from GardenWalk, because that revenue was anticipated to
draw additional visitors to the city that would not otherwise stay here to enjoy higher -end rooms
with more expensive room rates. Regarding the question related to LPMR payments - Ms.
Moreno indicated the lease payment measurement revenues were based on formulas to make
lease payments to the debt equal to certain revenues and those numbers had been accounted
for in the fiscal analysis. She added when she discussed net benefit to the general fund, she
had taken into account those revenues that would not be available for general fund services
because they were earmarked for the lease payment. Typically about 30 percent of the TOT
would be applied to the LPMR payment, a figure that was accounted for in staff's analyses.
Mr. Emery asked staff to address the parking structure and its seismic capacity. Mr. Vukojevic
stated a portion of the design was interstitial parking which had been closely reviewed, looked at
and discussed with convention centers that used that type of parking with staff confident of this
approach and design. He added it would be built with 2013 state seismic building codes and he
was confident with this function. He added the other question had to do with Homeland
Security, and he informed Council that Homeland Security, Police, and Fire had reviewed and
concurred with staff on the design. Tom Morton remarked the last question had to do with the
parking plan during construction. He indicated a plan was outlined and ready to go, not unlike
the current overflow parking plan where partners at the Stadium and Honda Center were used
and visitors parked there using buses to move them back to the Convention Center. He added
with the construction of the Grand Plaza, a transit place was created for that purpose and staff
was ready to go with that process.
Council Member Brandman remarked that when the Convention Center was constructed it was
done with the help of the school district as the city did not have all the bonding authority
necessary and the school district helped the city out. He added this expansion was in the best
tradition of a public /private partnership and a surefire winner for creating jobs, enhancing
economic development and he was ready to support the project.
Council Member Eastman offered her support as well, thanking everyone for their time, talent
and stake in this project. She appreciated seeing a packed chamber with people united and
supporting this vision and was ready to vote.
Mayor Tait appreciated the presentation but had some questions remarking this was a
complicated project obligating the city for 30 years and he wanted to ensure it was fiscally
sound. He stated he had voted for the expansion in 2000, the $500 million bonds that improved
City Council Minutes of March 11, 2014
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the resort area and the Grand Plaza addition. He asked staff what the total bond payment was
for the expansion in annual and monthly payments with Ms. Moreno answering it was roughly
$410 million dollars or around $13 to $15 million a year. He indicated the numbers in the
Crossroads report versus the report from PKF issued this January, a firm the city had used for
the last 30 years, were not the same when he analyzed the data to see if the increased room
sales would pay for the obligation of the bonds. Crossroads reported they anticipated the
expansion to generate about 229,000 total room nights which included an estimated 122,000
generated room nights and 107,000 recovered room nights. The VCB said the Convention
Center generated about 7 million room nights per year and with 20,000 rooms, this reflected
three or four percent of the total room nights. The VCB also estimated that 35 percent of
attendees would book outside the V &CB for rooms and by applying that additional factor of 35
percent, they estimated that upper range of total room nights attributed to the ACC expansion
was 309,150. Those 309,000 room nights multiplied by $142 average daily room rate multiplied
by 15 percent transient occupancy tax equaled $6.6 million of new TOT revenues. The Mayor
then subtracted $13.7 million of new General Fund expense from that figure which showed a
$7.1 million annual General Fund shortfall. He emphasized these figures were taken directly
from the PKF report while it appeared that Crossroads Consulting simply increased those
numbers and he did not understand the methodology behind it. Mayor Tait also spoke to Dr.
Haywood Sanders, a Johns Hopkins graduate and Harvard PhD and an expert on conventions,
about the assumptions made in the Crossroads report, adding that the PKF data showed a drop
in room nights for ACC from year 2000 to the present. Dr. Sanders's premise was the entire
convention business had been flat and to assume big increases was a big assumption on the
part of the city. Mayor Tait pointed out before 2000, the Convention Center had 600,000 to
700,000 room nights and since 2000, those numbers had dropped and was not the assumption
used when the city paid for that earlier expansion. Using a chart from Dr. Sanders showing
attendance numbers for major convention centers nationally, he pointed out Las Vegas and
Orlando actually doubled their square feet going from 1 million square feet to two million square
feet and the numbers dropped in attendance or did not increase much and he was concerned
that Anaheim's expansion would not meet expectations. In addition he pointed to a statement in
Anaheim's Crossroads report as to why Anaheim was losing business to its competitors and it
was the exact same statement with the same percentage figures in a Crossroads report specific
to the Baltimore Convention Center. Mayor Tait explained that the city was relying on those
numbers from Crossroads for a $200 million investment and he was not comfortable voting for
this expansion with such conflicting numbers. He felt the Crossroads report required additional
study to understand the numbers because it was a 30 year obligation of the city's and an
affordable expansion that would cost $6 to $7 million annually and still offer a first class
convention center should be considered. He recognized that the business community
supported this expansion but also recognized they would feel differently if they felt the city's
general fund was put at risk.
He also expressed concern over the GardenWalk hotel analysis remarking the city would be
writing a check when those hotels were built for about $8 to $9 million a year back to the hotelier
along with a check to the bond holders for $15 million a year, to be paid for by the increased
rooms from this expansion and from the GardenWalk hotels. He did not feel the GardenWalk
hotels would attract enough visitors because most people visited Disneyland or the Convention
Center and stayed in that area. With those comments stated, Mayor Tait moved to continue this
matter for one month to ensure clarity in the financial analysis of this project.
Council Member Brandman requested that staff address the Mayor's concerns if there was no
objection from Mayor Tait. Ms. Moreno remarked that before she addressed the analysis, she
wanted to speak to the Mayor's concern that the Crossroads report had just been received four
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days ago. She pointed out this report was an update to the analysis given to Council in the July
workshop, updated to address concerns that were raised by the Mayor at that time and during a
later meeting with Susan Sieger to talk about how the ADR might be higher for Anaheim's
convention center hotels which would change some of the numbers and also because the
Mayor wanted to look at it from strictly a room night perspective which was then incorporated
into the analysis to see it clearly delineated to help with the review. Mayor Tait responded if the
average daily room rate (ADR) was increased from $142, then the resulting figure would
increase dramatically. Ms. Moreno stated the ADR used in the Crossroads analysis was higher
because as discussed, typically during those peak areas, a higher room rate was generated by
those hotels and was also consistent with the room rates used by PKF. She remarked if you
look at where PKF projected the TOT would be compared in 1996 to today, the city was off by
five percent and that was going through two recessions and she added, it had been fairly
accurate over time.
Mayor Tait asked how the 2000 study by Coopers and Lydman had estimated the increase in
the transient occupancy tax with Ms. Moreno indicating she was not familiar with that study.
She emphasized she had looked back at the total TOT projected for the City of Anaheim for
2013 and found it was roughly off by six percent from where it was projected in 1996. Mayor
Tait stated the big expansion occurred in 2000 and the room rates were much less now, and
was the reason for his concern and projections had estimated that those numbers would
increase by 50 percent every year. Ms. Moreno replied if you look at only one element of the
equation, there could be different results, but if you look at the project in the total generated
TOT, including rate and occupancy, that was what was being generated today and the city was
only six percent off where it anticipated being in 1996. Mr. Emery asked if Ms. Moreno was
comfortable with the estimation of room nights used by Mayor Tait, with Ms. Moreno responding
it fell within the middle range of room rates used in the Crossroads report with Mayor Tait
indicating the PKF report disagreed with that statement; it was in the upper range.
Mr. Emery asked Mr. Baldwin of PKF Consulting to respond to the Mayor's concerns regarding
the differences in the PKF report versus the Crossroads analyses. Mr. Baldwin announced that
in trying to project the future, there were a number of ways to analyze data, and he had
provided the projections for the LPMR in 1996 for the $500 million resort bond improvements
and updated that in 2006 and was within five percent of the Crossroads analysis. In this case,
PKF used a lower number of room nights than Crossroads but incorporated a $50 average rate
increase for convention rooms because of the compression which occurred during conventions.
He added that the TOT differential between the two reports was about $500,000 which, in his
opinion, was fairly close. PKF did take a conservative approach and did not go into as much
depth as Crossroads but overall, he felt the projections were close and reflected incremental
revenue the city already had to pay off in bond payments and because there would be no higher
payments made than what the city paid today, he believed this was the most conservative
underwriting he had seen.
Mayor Tait stated currently the city was paying off on the old Convention Center expansion with
Ms. Moreno responding that if the Grand Plaza was included, that payment was at $16.8 million
per year. Mayor Tait added, those obligations were being paid based on decisions made years
ago and in 2021 it would decrease to $5 million and those funds would flow to the general fund
without any offsetting debt and Anaheim would be $12 million richer. Ms. Moreno responded
the city would be richer in terms of debt service savings but would have had lost revenues
without the expansion and possibly have to pay the VCB marketing and promotion costs as well.
Mr. Emery emphasized that what the Finance Director had highlighted earlier, without an
expanded convention center, Anaheim would run the risk of having less business coming into
City Council Minutes of March 11, 2014
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the city and a potential risk that the ATID would dissolve and be a general fund burden of $6
million (2010 amount) to fund a visitors and convention bureau. Mayor Tait stressed that he was
not against expanding; rather the city should expand within their means. Mayor Tait remarked if
this project showed it could pay for itself, he would approve it without worrying about its impact
on the general fund. Mr. Emery added that staff developed a proposal that reflected
conservative estimates about growth and about average daily room rates and room nights that
ameliorated those concerns and showed that the TOT accumulation over a 30 year period of the
debt service without combining the ATID funding, would satisfy the long term needs of funding
this facility expansion. He suggested Ms. Moreno clarify that with regard to the transient
occupancy revenues over the 30 year period. Ms. Moreno pointed to a slide that showed the
difference between expanding and not expanding the ACC. The slide showed there would be
no debt service to pay, with a resort tax revenue baseline of roughly $192 million and the
difference between the resort tax revenues with the expansion was the new increment received;
otherwise the city would lose revenues, which she emphasized was not the LPMR. Mayor Tait
asked if this was according to the Crossroads study with Ms. Moreno replying in the affirmative
adding that numbers used were based on historical three year averages and inflated by three
percent by year, a conservative number. Mayor Tait responded the number was inflated
conservatively but did not mean the number was conservative with Mr. Emery adding that the
number was based on the last three years of convention center activity. Mayor Tait believed the
numbers were actually based on a massive increase in attendees and a massive increase in the
ADR and then inflated by three percent. Ms. Moreno responded those numbers could not be
characterized as massive, indicating on a chart where the LPMR payment was included, and if
there was additional revenues those LPMR payments would increase and without an expansion,
would decrease because there would be fewer revenues to measure against to pay the debt
service. A savings on the general fund would be realized because the debt would only be $2.9
million because the city would only pay for the CarPark expansion conservatively estimated as a
stand -alone project versus the $14.9 million the city would pay. In addition, the city would still
have to pay at least $6 million for marketing and promotion which was at the annual funding
level, and today would reflect $7.6 million. The slide stated in that year, 2015, the city would be
$7.2 million better off and over the life of this project would be $323 million better off by
expanding. The mid -point was used to ensure this was not an overly rosy picture and even that
reflected $117 million increase over the life of the project.
Mr. Morton remarked there was an attendance slide on which VCB had provided historical
research. This chart reflected 1995 era and at that point what the Convention Center realized
was a potential decline due to lack of space and lack of meeting space and Council at that time
decided to expand to maintain and grow that business which was exactly what happened. In
2009/10, those figures stayed the same because they were booked prior to the recession which
hit in 2010/11 and those numbers were now increasing. Additionally, he pointed to the Mayor's
slide that addressed other expansions and other destinations which Mr. Morton pointed out, was
not exhibit hall expansion. Anaheim's project would add flexible space, 200,000 square feet of
exhibit space to grow with the large events, adding 170,000 square feet of meeting space that
would allow ACC to attract events and also offer multiple ballroom usage and the opportunity for
the Convention Center to host concurrent events. This expansion, he reiterated was not solely
providing exhibit space but was providing exhibit, meeting, and ballroom space. Mayor Tait
responded his slide addressed room nights only because the TOT gained from room nights was
the key revenue generator and the chart from Dr. Sanders on attendance referred to facilities
that had major expansions and showed there was not a 50 percent increase in attendance and
in some of the facilities, a drop in attendance occurred. Mr. Morton addressed the Mayor's
statement there would be a $7 million general fund shortfall which did not consider the freed up
money from the ATID. Ms. Moreno remarked in addition to that were the new sales tax
City Council Minutes of March 11, 2014
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revenues and the recapture of lost revenues. Mayor Tait responded sales tax was minor
relative to transient occupancy taxes, adding he would like additional time to understand the
Crossroads report.
Council Member Brandman thanked staff for clarifying all the questions raised during the
hearing and for the thoroughness of their work on this project. Mayor Tait remarked it would be
prudent to continue this item, to have a credible expert like Dr. Haywood Sanders offer his point
of view on the expansion.
Mayor Pro Tern Murray stated it was important to underscore that the presentation and updated
report received on Friday was based on input from the Council, Mayor, stakeholders and
residents who queried the city on a number of points to make sure all aspects were factored into
the economic analysis and that staff had taken six months to validate this proposal before
presenting it to Council. She added the total city benefit was a more complicated equation than
just one element of the TOT and confirmed those numbers used were based on actual numbers
averaged from the last three years plus a growth factor of three percent when Anaheim actually
saw a six percent compound annual growth during those years. The missing figure, she
remarked, was the $450 million in TID monies that the business community was contributing
towards this expansion. She was also concerned about delaying the project any further as the
cost of bonds could escalate and the city's benefit of $585 million for a 30 year investment was
an extraordinary return she was comfortable approving. A benefit that was regional and
statewide, with the county potentially receiving nearly $500,000 to $580,000 annually, while the
state could benefit from $11.3 to $13.5 million. She believed the financials were sound and
clear and called for the question.
Mayor Tait stated he had moved to continue this item, asking for a second to that motion, with
no second offered, the motion failed.
After the Anaheim Public Financing Authority took action to approve its agenda item specific to
this hearing, Council Member Kring moved to approve RESOLUTION NO. 2014 -046, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving, authorizing
and directing the execution of certain documents relating to the issuance of bonds by the
Anaheim Public Financing Authority and other matters relating thereto; seconded by Council
Member Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Murray and Council Members:
Eastman, Brandman and Kring). NOES — 1: Mayor Tait. Motion Carried.
Council Member Eastman moved to approve a professional services agreement with STV
Construction, Inc., in the amount of $8,573,562, to provide owners' representative and
project/construction management services for the Anaheim Convention Center Expansion
Project (Betterment VII), seconded by Council Member Kring. Roll Call Vote: Ayes — 4: (Mayor
Pro Tern Murray and Council Members: Brandman, Eastman and Kring.) Noes — 1: Mayor Tait.
Motion Carried.
Council Member Eastman moved to determine that the proposal submitted by Turner
Construction Company (Turner) represents the best value to the City, award and approve a
contract, in substantial form, with Turner, in the amount of $155,000,000, for the design and
construction of the Anaheim Convention Center Expansion Project (Betterment VII) at Car Park
1, waive any irregularities in any of the documents of the responsive, responsible, and qualified
vendor deemed to offer the best value in this procurement process, authorize the Director of
Public Works to execute any related documents and take the necessary actions to implement
and administer the contract through completion, authorize the City Manager to execute the
City Council Minutes of March 11, 2014
Page 30 of 31
stipend agreements, in a total amount of $50,000 each, for the two non - selected respondents,
and authorize the Director of Finance to execute the Escrow Agreement pertaining to contract
retentions in accordance with Public Contract Code Section 22300; seconded by Council
Member Kring. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Murray and Council Members:
Brandman, Eastman and Kring.) Noes — 1: Mayor Tait. Motion Carried.
Council Member Eastman moved to waive Council Policy 4.1 and approve a Professional
Services Agreement with Rider Levett Bucknall, in an amount not to exceed $497,762, for the
design -build consulting services for the Anaheim Convention Center Expansion project;
seconded by Council Member Kring. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Murray and
Council Members: Brandman, Eastman and Kring.) Noes — 1: Mayor Tait. Motion Carried.
REPORT ON CLOSED SESSION ACTIONS
Michael Houston, City Attorney, reported the City Council authorized the City Attorney to
execute an amicus curiae brief being prepared by the California County Counsel Association in
the Case of Orange Citizens for Parks and Recreation v. City of Orange. (Vote: 5 -0).
COUNCIL COMMUNICATIONS
Mayor Pro Tern Murray was appreciative of the recognition Dr. Elizabeth Novack received and
announced the following upcoming events: a call for volunteers KABOOM! Build Day at John
Marshall Park on March 22 and the 13 MEIU Adoption Committee donation collection for
soldier welcome home bags. She urged the residents to visit the city's website for information
on water conservation, remarking it was time to conserve and make serious lifestyle changes.
Council Member Kring congratulated the Anaheim Police Department on their 11 % drop in
violent crime in 2013, reflective of a significant drop in gang violence and Chief Quezada's
community engagement activities. She urged the community to attend the Rotary Club's 5th
Annual Easter Egg Hunt on April 5 at Ronald Reagan Park and discussed the From the
Warfront to the Homefront Foundation, an organization committed to honoring veterans and
families, creating a number of events, best known for Candlelight Memorial on May 18
honoring men and women who gave their lives for freedom. Ms. Kring further requested staff
bring forward for Council approval the City's participation in the Candlelight Memorial event to
honor veterans on the third Sunday in May.
Council Member Eastman spoke of her attendance at the VFW Post 3173 celebration of
community recognition and awards banquet, and highlighted the extraordinary people in the
community being recognized. She also requested Steve Salicos and James Mc Duffie, who
were recognized at the banquet as the police and fire officers of the year, be honored at a future
City Council meeting.
Mayor Tait spoke of his attendance at the VFW Post 3173 banquet and Opening Day for East
and West Anaheim Little League. He requested a review of the City's contract with Sloat
Higgins Jensen & Associates, the city's state legislative advocate to be placed on the next
agenda and an update on the ARC project within the next month.
City Council Minutes of March 11, 2014
Page 31 of 31
ADJOURNMENT: With no other business to conduct, Mayor Tait adjourned the March 11,
2014 council meeting at 9:49 P.M.
R pe ully submitted,
Linda N. Andal, CIVIC
City Clerk