Loading...
01/29/2019 ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF JANUARY 29, 2019 The regular meeting of January 29, 2019 was called to order at 3:00 P.M. and adjourned to 3:30 P.M. for lack of a quorum. The regular adjourned meeting of January 29, 2019 was called to order at 3:32 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on January 25, 2019. PRESENT: Mayor Harry Sidhu and Council Members Lucille Kring, Denise Barnes, Jordan Brandman, Jose F. Moreno, Stephen Faessel, and Trevor O'Neil. STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk Linda Andal. WORKSHOP - RESORT DEBT UPDATE Finance Director Debbie Moreno reported the City has been exploring options for the Resort Bonds as a portion of the bonds became callable and eligible to refinance at the end of 2017. She introduced the Finance team, comprised of Michael Berwanger, Managing Director, PFM; Greg Harrington, Partner, Public Finance, Orrick, Herrington & Sutcliffe LLP; and Ruth Pan, Vice- President, Goldman and Sachs. Mr. Berwanger reported in the mid-1990's, the City and Disney embarked on infrastructure investments in the then-new Anaheim Resort District. The lease revenue bonds financed construction of the Anaheim Convention Center expansion, public parking facilities, streets and right-of-way improvements, and other City infrastructure improvements. Mr. Berwanger stated the financing itself consisted of three series of bonds, in a total amount of $510 million, that were sold with a 40-year repayment structure and total repayments at the time of approximately $1.6 billion covering the principal and interest payments. He advised the debt service on those bonds are payable by lease payments by the City. The City created an innovative financing which was designed to limit its financial risk and help market the bonds to the investment community at the time. He advised the core risk mitigant was limiting the amount of each debt service payment to the Lease Payment Measurement Revenues (LPMR). Mr. Berwanger explained the LPMR consists of three revenue streams: 3% of the 15% TOT Rate; 100% of the incremental TOT and sales tax on Disney; and 100% of incremental property tax on Disney. He explained the LPMR is a pledge to the bondholders (via Bond Indenture) which dictates permitted uses of LPMR, which include payment of debt service and associated expenses of Resort Bonds; and the purchase, redemption, or payment of Resort Bonds. He further stated that no other uses for LPMR are permitted so long as any of the 1997 and 2017 Resort Bonds are outstanding. Mr. Berwanger recapped the Series 1997 bonds and reported they were structured with rising repayment (debt service) to match LPMR projections at the time. He reported the repayment structure was achieved with a combination of Current Interest Bonds (CIBs) and Capital Appreciation Bonds (CABs). In order to incentivize a bond insurer to help cover a bond series, Disney provided a partial guaranty on the Series 1997 C bonds and, per the Bond Indenture, so long as any Resort Bonds remain outstanding, LPMR after payment of debt service must be City Council Minutes of January 29, 2019 Page 2 of 18 deposited and remain in the Special Reserve Fund (SRF), unless used to purchase, redeem, or pay Resort Bonds. Mr. Berwanger reported that in 2007 the City had the opportunity to refinance some of the callable Series 1997 Bonds for debt service savings. He advised that the Supplemental Indenture added a requirement of SRF to retain a balance of maximum annual debt service (MADS) following use of SRF monies to purchase, redeem, or pay Resort Bonds. Ms. Pan spoke about the current opportunities for Resort Bonds. She stated that one path would be to remain on the status quo with the Resort Bonds remaining outstanding until fiscal year 2037. The debt service increases from $39 million in fiscal year 2019 to $106 million in fiscal year 2037 and she noted that $106 million would be required to be in SRF to hold the maximum annual debt service. She reported that SRF monies would continue to accumulate each year as LPMR comes in and pays debt service and, lastly, noted that the SRF cannot be released back to the City as long as Resort Bonds are outstanding. Ms. Pan reported on the second option which would be to refund the callable 2007 Bonds which achieves an approximately $30 million in savings in the current market. This would allow the City to reshape debt service and have debt service be level over the next 18 years. She added that over time, excess cash may be used to purchase, redeem, or pay outstanding Resort Bonds. She and the Finance team have been analyzing opportunities for the City to reshape debt and accelerate repayment. Ms. Pan explained that the refunding strategy provides many benefits to the City including providing $30 million in savings and reduces total debt by $24 million based on current market conditions. She also advised that refunding can reshape and levelize the debt service. Lastly, she reported the City can use some SRF monies to redeem or pay Resort Bonds. Ms. Pan stated the next steps are to request approval of refunding from the City Council. She noted the City will be engaging in discussions with Disney and Bond Insurers regarding the required consents to proceed with the refunding. Once consent is obtained, the City will obtain bond ratings and finalize bond documents so the City can prepare to go to market in the coming months. Ms. Moreno anticipates the actions will be taken in the next few months. Ms. Moreno reported there was currently $134 million in the SRF as of December 31, 2018, in response to Mayor Sidhu's inquiry. Mr. Berwanger advised the proposal would allow the City to lower the SRF requirement to $50 million and pay down the some of the debt. He advised the City repayment timeframe could be substantially reduced. Council Member Barnes requested the Finance team recap the presentation due to the amount of detailed information. In addition, Mr. Berwanger explained some of the repayment strategies in more simple terms, per Council Member Faessel's request. Council Member Moreno thanked the Finance team for their presentation and asked for clarification as to why he could not speak to members of the public regarding this item before it was presented this evening. Mr. Harrington advised Council Members to avoid selective disclosure where some people have the information that might be important to an investor. In response to Council Member Moreno's inquiry, Ms. Moreno advised the total balance being refinanced was $210 million with $600 million being the current balance due to appreciation on City Council Minutes of January 29, 2019 Page 3 of 18 the capital appreciation bonds. She also advised that the LPMR cannot be renegotiated without refunding all the bonds which would be cost-prohibitive. In addition, Mr. Berwanger advised these bonds were pledged with the General Fund. In response to Council Member Moreno's inquiry, Mr. Berwanger advised that while there are a variety of factors at hand, if the market stays the same, the best timeframe this could be repaid is within 8-10 years. Mayor Pro Tern Kring thanked staff for all of their hard work on this complicated presentation. ADDITIONS\DELETIONS TO CLOSED SESSION: City Attorney Robert Fabela announced Closed Session Item No. 1 related to a threat of litigation by Taboo, Inc. regarding the planned operation of a homeless shelter at La Mesa Street and Closed Session Item No. 2 related to claims resulting from a sewage backup that caused damage to commercial structures at 616 N. Anaheim Blvd. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Cecil Jordan Corkern, Outreach Homeless Ministries, inquired about the Disney Resort $600,000 grant towards job training. William Fitzgerald, Home Owners Maintaining Our Environment, stated there was lack of information on the two closed session items. He spoke of the resort debt workshop presentation and the City Council appointees, which include the City Manager, City Attorney, and City Clerk. CLOSED SESSION: At 4:21 P.M., Mayor Sidhu recessed to closed session for consideration of the following: 1. 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. 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of the California Government Code Section 54956.9: One potential case. At 5:01 P.M., the Anaheim City Council session was reconvened. INVOCATION: Minister Dale Moreland, Ball Road Church of Christ FLAG SALUTE: Council Member Jordan Brandman PRESENTATIONS: Recognizing Western High School Football for CIF Southern Section Division 11 Championship Mayor Sidhu presented Western High School Football Offensive Line Coach Mario Reyes and team members with a proclamation recognizing their CIF Southern Section Division 11 Championship. Mr. Reyes stated the team had made school history by attaining this achievement and thanked City Council for their recognition. City Council Minutes of January 29, 2019 Page 4 of 18 Acceptance of Other Recognitions (To be presented at a later date): Recognizing February 2019, as American Heart Month Recognizing February 2019, as Black History Month Recognizing February 2019, as Career and Technical Education Month Gail Kairis, North Orange County ROP, thanked City Council for the recognition. Recognizing February 2019, as Make Kindness Contagious Month At 5:08 P.M., Mayor Sidhu called to order the Anaheim Public Financing Authority and Anaheim Housing Authority (in joint session with the City Council). ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS: Prior to receipt of public comments, a brief decorum statement was provided by City Clerk Linda Andal. Cecil Jordan Corken, Outreach Homeless Ministries, reported on his outreach efforts and spoke about the new City Council. Mark Richard Daniels congratulated Western High School for their championship. He expressed concern regarding Agenda Item No. 21. He further expressed concern for the homeless shelters and felt a more permanent solution needed to be developed. R. Joshua Collins, Homeless Advocates for Christ, expressed concern regarding the homeless shelter facilities and their staff and was concerned about the enforcement of the anti-camping ordinance. Paul Hyek expressed concern about the maintenance of the temporary homeless shelters and the treatment of residents who require medical treatment. Mr. Hyek invited City Council to the visit the St. Angela Merici Catholic Church in Brea on Saturday mornings to witness their homeless meal process. William Fitzgerald, Home Owners Maintaining Our Environment, commended City Council for starting the meeting on-time and for addressing the resort debt issue. He recommended the Anaheim Fire Department be replaced with the Orange County Fire Authority for a cost saving of $10 million. Tamara Jimenez, Anaheim Lighthouse, reported she participated in the Point-in-Time homeless count and commended CityNet and the Anaheim Police Department for their organization along with all of the volunteers for their service. She thanked Community Preservation and Licensing Manager Sandra Sagert for her diligent efforts. Lastly, she thanked City Council for approving the flying of the LGBT Pride flag. Rosaisela Lopez, OCCORD, felt Agenda Item No. 21 would be a setback to Anaheim voters and urged City Council to vote against the ordinance. She thanked Council Member Moreno for participating alongside protesting hotel workers on January 24' and for being courageous. City Council Minutes of January 29, 2019 Page 5 of 18 Paul Vicknair, Commissioner, Anaheim Senior Citizen Commission, expressed concern regarding Agenda Item No. 21 and felt a change would be a setback for Anaheim seniors. Larry Larsen addressed Council Member Brandman regarding the passing of the flying of the LGBT Pride flag and felt the United States, the State of California, and the City of Anaheim flags respectively, represent all residents of Anaheim. Jeanine Robbins read election results and noted Council Member Moreno achieved the largest number of votes. She thanked Council Member Moreno for supporting hotel workers during the Unite Here Local 11 protest. Paul Kott addressed the City Council's recent decision to provide a lease extension to Angels Baseball and felt it was a mistake to not consider leasing the stadium during the extension at fair market value. Scott Well, Chance Theater, thanked the City of Anaheim for their past and continued support and presented their education offerings. He invited City Council to a performance of James and the Giant Peach on February 23rd Julie Brunette expressed her disapproval in Council Member Moreno's participation in the Unite Here Local 11 protest. A male speaker representing Youth Leadership America spoke about their programs including their work with the community. Maria Lopez spoke regarding the Youth Leadership America and asked City Council for their support for their programs. She invited City Council to Youth Leadership America's Graduation on February 22, 2019 and the CIP Showcase on February 6, 2019 at the Knott's Berry Farm Grand Hotel. Mayor Pro Tern Kring recognized Youth Leadership America, noted it was founded in Anaheim, and recommended the community support this program. Martin Lopez thanked Council Member Moreno for his support of the Unite Here Local 11 protest and for his bravery. Ana M. Rodriguez thanked Council Member Moreno for his support of the hotel workers during the Unite Here Local 11 protest. She expressed her disapproval of any retaliation against Council Member Moreno. Ada Tamayo expressed her support for Council Member Moreno and thanked him for assisting them in obtaining a fair contract. Council Member O'Neil inquired about the rules of order and inquired if the topic of Council Member Moreno's participation in the civil disturbance was in the subject matter jurisdiction of the City Council. City Attorney Robert Fabela advised City Council to allow the public to speak on this topic. Aiden Cheek thanked Council Member Moreno for supporting residents and felt any retaliation would send a poor message to the youth of Anaheim. City Council Minutes of January 29, 2019 Page 6 of 18 Bob Donaldson expressed concerns regarding Agenda Item Nos. 21 and 22, stating it would impact district representation. Lisa Klawe thanked the City of Anaheim, the Disneyland Resort, Anaheim YMCA, and Kaboom! for their participation in building an accessible playground at Barton Park. Ms. Klawe and her husband volunteered and found it to be a very rewarding experience. She expressed concerns regarding the Unite Here Local 11 protest on January 24th noting the traffic congestion and extra costs to the City of Anaheim. She encouraged the City of Anaheim to bill Unite Here Local 11 for any incurred costs. Rick Martens, President and CEO, Anaheim YMCA, thanked the City for leasing them the land for their new facility and reported on their construction efforts. He invited City Council and the community to attend their Inaugural Gala on March 2, 2019 at the Ranch Events Center. Tim Schindler expressed concern regarding Agenda Item Nos. 21 and 22 and felt it was important for the public to have the opportunity to speak at official meetings. Margarita Hernandez, on behalf of the workers at Sheraton Park, thanked Council Member Moreno for his support during the Unite Here Local 11 protest. Andrea Barrera thanked Council Member Moreno for his support during the Unite Here Local 11 protest. Anallely Gama thanked Council Member Moreno for his support during the Unite Here Local 11 protest and noted workers at Anaheim Hilton were simply asking for a fair contract. Karen Romero Estrada, Orange County Communities for Responsible Development (OCCORD), expressed concern with Agenda Item No. 21 and urged City Council to vote no on the item. Dwayne Shipp, Orange County Heritage Council, thanked City Council for the proclamation recognizing February 2019 as Black History Month and invited the community to the Black History Parade and Cultural Fair on February 2'd Wes Jones thanked Council Member Moreno for his support during the Unite Here Local 11 protest. He expressed concern about the City Council's recent decision to provide a lease extension to Angels Baseball without increasing the rent to fair market value and with Agenda Item Nos. 21 and 22. Vern Nelson thanked Council Member Moreno for his support during the Unite Here Local 11 protest and felt it was successful for Anaheim workers. He criticized Council Member O'Neil for not supporting the cause. Farnaz Abolfathi thanked Council Member Moreno for his support during the Unite Here Local 11 protest. Duane J. Roberts expressed concern regarding Agenda Items Nos. 21 and 22 and opposed the 90-minute time limit of public comments and the bifurcation of public comments. City Council Minutes of January 29, 2019 Page 7 of 18 Cynthia Ward noted her excitement for refinancing the Resort Bonds and felt it would be a great improvement for the City. She asked City Council to review the item to ensure it was for the benefit of Anaheim. Shakeel Syed thanked Council Member Moreno for keeping democracy alive in Anaheim and, as a member of the ACLU, he welcomed litigation regarding First Amendment rights should it be restricted in the City of Anaheim. Kenneth Batiste thanked Council Member Moreno for his support during the Unite Here Local 11 protest, advised rent control was needed in the City of Anaheim, and expressed his concerns about limiting public comments at official meetings. David Klawe thanked Public Works for finding extra staff to process permit-parking petitions and asked the City to consider litigation to recoup any costs incurred for the Unite Here Local 11 protest. Lastly, he was concerned about the intimidation occurring at City Council meetings. Jannelle Welker asked City Council to consider completing a comparative study before approving the proposed amendment to the district-based nominations and appointments to provide clarity on the issue. Ted Kramer voiced concerns regarding the Agenda Items Nos. 21 and 22. Lou Noble noted civil disobedience was a First Amendment right and expressed concern for how the homeless shelters were currently being operated and maintained. Pamela Donelson thanked Council Member Moreno for his support during the Unite Here Local 11 protest and criticized Mayor Pro Tern Kring for not supporting this cause. Bryan Kaye spoke about his interactions with the Anaheim Police Department and City Council and provided his observations of their interaction with the residents. COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Mayor Pro Tem Kring addressed public comments and the First Amendment right to free speech. Council Member Moreno expressed appreciation for all those who speak at Council meetings. He thanked the public for their comments and welcomed the support and critiques equally. He thanked staff for investigating potential situations on Anaheim Blvd. leading to a resident's death and thanked the Anaheim Police Department for participating in the vigil. CITY MANAGER'S UPDATE: None City Council Minutes of January 29, 2019 Page 8 of 18 At 7:02 P.M., Mayor Sidhu recessed the Anaheim Housing Authority agenda to address the Public Financing End of Consent Item No. 2, in joint session with the City Council. PUBLIC FINANCING AUTHORITY END OF CONSENT CALENDAR: 2. Consider resolutions by the Public Financing Authority and City Council approving the issuance of not to exceed $225,000,000 aggregate principal amount of Lease Revenue Bonds of the City of Anaheim Public Financing Authority. Public Financing Authority Action: 2-A. RESOLUTION NO. APFA-2019-001 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ANAHEIM PUBLIC FINANCING AUTHORITY authorizing B137.1 the issuance of Anaheim Public Financing Authority Senior Lease Revenue Refunding Bonds (Anaheim Public Improvements Project), Series 2019 A, in an aggregate principal amount of not to exceed $215,000,000, and Anaheim Public Financing Authority Senior Lease Revenue Refunding Bonds (Anaheim Public Improvements Project), Series 2019 B (taxable), in an aggregate principal amount of not to exceed $10,000,000, authorizing the execution and delivery of a Second Supplemental Indenture of Trust, an Escrow Agreement and a Purchase Contract, authorizing the distribution of a Preliminary Official Statement and an Official Statement in connection therewith and authorizing other matters related thereto. B137.1 RESOLUTION NO. APFA-2019-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ANAHEIM PUBLIC FINANCING AUTHORITY authorizing the application of moneys in the Special Reserve Fund for the Anaheim Public Financing Authority Lease Revenue Bonds (Anaheim Public Improvements Project), authorizing the execution and delivery of Escrow Agreements in connection therewith and authorizing other matters related thereto. Authority Member Moreno thanked the financing team for the briefing they provided and explained that during the briefing process he had requested to include members of the public but was advised against that by the City Attorney as certain information presented was privileged and protected. He asked if the Authority and Council would consider a two-week continuance since he was now able to speak to members of the public. Finance Director Debbie Moreno expressed concern for the market risk now that this item had been made public. Authority Member Moreno expressed concerns with LPMR, mitigating costs, and the inability to pay debt off early. Michael Berwanger, Managing Director, PFM, addressed Authority Member Moreno's concerns and believed that what had been presented was the most cost-effective way to get out of the debt faster. He advised that in order to abolish the LPMR, all of the 1997 and 2007 bonds must be removed which equated to $825 million in remaining obligations. To accomplish this, $600 million of new bonds must be sold, which puts the obligation closer to $1 billion and puts the General Fund at risk. City Council Minutes of January 29, 2019 Page 9 of 18 Mr. Berwanger felt the approach of leveling the debt, repaying the debt while continuing to release the monies as fast as possible, and shrinking down the repayment stream was much more beneficial for the City. He advised this would save the City debt service repayments and any delay could increase risk to the City. Discussion ensued regarding the potential risks from delaying the action two weeks, including insider trading and increased volatility in the markets, while the current financing plan had been vetted against the current situation. Authority Member Moreno confirmed if the market stayed strong, the payoff would occur in 8-10 years, or by 2037 if things got difficult, which staff concurred. He further inquired if the funds could be restructured to allow the City to access the funds sooner, to which Mr. Berwanger advised it could not. In response to Authority Member Barnes, Mr. Berwanger clarified there are 1997 and 2007 bonds because the City seized the opportunity to refinance a portion of those bonds in 2007 and to save some interest costs. He clarified that the lease payment measure revenue (LPMR) amounts are collected every year the City re-pays debt service and any excess over collections are held in special reserve funds (SRFs). Finance Director Debbie Moreno clarified that for example, in Fiscal Year 2018, the LPMR amount remitted to the trustee was $60 million and the debt service requirement was approximately $40 million, so $20 million was held in the SRF. Ms. Moreno further explained that interest was paid early one, so not much interest was currently accruing in the SRF. Greg Herrington, Orrick, Herrington & Sutcliffe LLP, believed that there was an investment contract for the SRFs entered into in 1997 and $5.5 million dollars was paid up-front by the investment company for anticipated interest earnings. Ms. Moreno stated staff was looking at this for future changes if it became advantageous to the city. Mr. Berwanger confirmed for Authority Member Barnes that this was a refinancing only with no new borrowing / debt accrual. In response to Authority Member Kring, Ms. Moreno re-introduced Michael Berwanger, Managing Director, PFM, Greg Herrington, Partner, Public Finance, Orrick, Herrington & Sutcliffe LLP, Ruth Pan, Goldman and Sachs and clarified their credentials. Authority Member Moreno explained he wished to seek the public's input on this item as he did not have an opportunity to do so previously due to legal privilege. He advised he would abstain from this item because the process was not transparent to the public. MOTION: Authority Member Kring moved to approve Item No. 2-A, seconded by Authority Member O'Neil. ROLL CALL VOTE: AYES — 6: (Chairman Sidhu and Authority Members Kring, Barnes, Brandman, Faessel, and O'Neil; NOES — 0; ABSTENTION — 1: (Authority Member Moreno). Motion carried. City Council Action: 2-B. RESOLUTION NO. 2019-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the execution and delivery of a Purchase B137.1 Contract and a Continuing Disclosure Agreement in connection with the issuance by the Anaheim Public Financing Authority of its Anaheim Public Financing City Council Minutes of January 29, 2019 Page 10 of 18 Authority Senior Lease Revenue Refunding Bonds (Anaheim Public Improvements Project), Series 2019 A, and Anaheim Public Financing Authority Senior Lease Revenue Refunding Bonds (Anaheim Public Improvements Project), Series 2019 B (taxable), approving the issuance of said bonds and the form of a Second Supplemental Indenture of Trust pursuant to which said bonds are to be issued, authorizing the distribution of a Preliminary Official Statement and an Official Statement in connection therewith and authorizing other matters related thereto. MOTION: Mayor Pro Tem Kring moved to approve Item No. 2-B, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 6: (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O'Neil); NOES — 0; ABSTENTION — 1: (Council Member Moreno). Motion carried. At 7:42 P.M., Mayor Sidhu adjourned the Anaheim Public Financing Authority, recessed the Anaheim City Council, and reconvened the Anaheim Housing Authority to address the Housing Authority agenda. At 8:04 P.M., Mayor Sidhu adjourned the Anaheim Housing Authority and reconvened the City Council. CONSENT CALENDAR: At 8:04 P.M., the consent calendar was considered with Council Member Barnes removing Item No. 07 and Council Member Moreno removing Item Nos. 16 and 21 for separate discussion. Prior to Council action regarding Item No. 08, City Attorney Robert Fabela provided an oral summary of salary and benefits for executives, in accordance with Government Code §54953 as follows: David Belmer, Greg Garcia, and Linda Andal are confirmed to the positions of Deputy City Managers and Human Resources Director respectively. The final action confirms employment contracts in the salary amounts of $240,000 for the Deputy City Managers and $207,600 for the Human Resources Director position, including all benefits as provided to the executive classification. MOTION: Mayor Pro Tem Kring moved to adopt the balance of 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 Faessel. ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil). NOES — 0. Motion carried. D117 5. Approve the revised 2019 Investment Policy for the City of Anaheim. 6. Approve the Investment Portfolio Report for December 2018. D106 8. Approve the appointments and related Employment Agreements with David Belmer for AGR-11390 the appointment to the position of Deputy City Manager and Linda Andal to the position of Human Resources Director, in addition to an Employment Agreement with Greg Garcia AGR-11391 for his continued service as Deputy City Manager. AGR-11392 City Council Minutes of January 29,2019 Page 11 of 18 9. Accept the bid from AAA Oil, Inc., in the amount of$1,604,919.80 plus a 25% D180 contingency, for the purchase of fuel for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9237. 10. Accept the bid from Westrux International, in the amount of$45,759.02 plus a 15% contingency and applicable tax, for the purchase of Caterpillar(CAT) equipment repair D180 parts for Public Works CAT equipment for a one year period with up to four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9246. AGR-11393 11. Award the contract to the lowest responsible bidder, Zimprich Engineering Inc., in the amount of$328,305.96, for the Gramercy Park Trail Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retention AGR-9130.A 12. Award Master Agreements to All American Asphalt, Hardy & Harper, Inc., R.J. Noble AGR-9132.A Company, Horizons Construction International, Inc., Golden State Constructors, Inc., AGR-9134.A Sialic Contractors, Inc. dba Shawnan, Palp, Inc. dba Excel Paving Company, each in an AGR-11394 amount not to exceed $750,000 per work package and the number of open work AGR-11395 packages limited to three per contractor, for street construction and immediate response AGR-11396 program; authorize the Director of the Public Works Department to execute, administer, AGR-11397 and take the necessary actions to implement the agreements; and authorize minimal changes that do not substantially change the term and conditions of the agreements, as long as such changes are determined to be minimal by the City Attorney. AGR 8593.A 13. Award Master Agreements to Golden State Constructors, Hardy & Harper, Inc., EBS General Engineering, Inc., Horizons Construction International, Inc., Kalban, Inc., each in AGR-8595.A an amount not to exceed $250,000 per work package and the number of open work packages limited to three per contractor, for concrete repair, construction, and immediate AGR-11398 response program; authorize the Director of the Public Works Department to execute, administer, and to take the necessary actions to implement the Master Agreements; and AGR-8594.A authorize minimal changes that do not substantially change the term and conditions of the Agreements, as long as such changes are determined to be minimal by the City AGR-8597.A Attorney. 14. Approve the Final Map and Subdivision Agreement with Lennar Homes of California, Inc., for Tract No. 17846, located at 125 West La Palma Avenue, for a one-lot 162-unit AGR-11399 airspace residential subdivision with small amount of commercial space, private drive access, common space areas, and other amenities, including public improvements. AGR-7014.II 15. Approve Lot Line Adjustment No. 782 located at 1422 W. Broadway as it pertains to the Anaheim Family YMCA Project and authorize corresponding deed (LLA-0000782). 17. Approve and authorize the City Manager, or designee, to execute and administer the AGR- Third Amendment to the Professional Services Agreement with Thirtieth Street Architects, 5504.6.3 Inc. extending the term for one year terminating on January 1, 2020 for continued on-call architecture services. City Council Minutes of January 29, 2019 Page 12 of 18 AGR- 18. Approve an agreement with Contemporary Services Corporation (CSC) authorizing CSC 4531.0 to provide crowd management services, on a non-exclusive basis, to events held at the Anaheim Convention Center effective through December 31, 2021 with costs associated with services provided billed back to Convention Center's Tenants or Promoters who require such services and City responsible for an amount not to exceed $30,000 to supplement in-house crowd control, as needed; and authorize the Executive Director of the Convention, Sports & Entertainment Department to execute the agreement and any other related documents, including all actions necessary to implement and administer the agreement. 19. Approve an agreement with CSRA, LLC, in an amount not to exceed $250,000, for AGR-11400 intelligence analyst services for a one year period for which the costs are reimbursed by the Urban Area Security Initiative grant funding and authorize the Chief of Police to execute any amendments under the terms and conditions of the agreement. 20. RESOLUTION NO. 2019-013 A RESOLUTION OF THE CITY COUNCIL AGR 11389 approving a Cooperation Agreement for the Manchester and Orangewood Affordable Rental Housing Development by and between the City of Anaheim and the Anaheim Housing Authority, substantially in the form attached hereto; and authorize the Community and Economic Development Director, or his designee, to submit for an affordable housing and sustainable communities program application with Jamboree Housing Corporation and enter into subsequent agreements necessary to implement the grant improvements delineated in the AHSC program application (2121 S. Manchester Avenue and 915 E. Orangewood Avenue; related to Housing Authority Item No. 04). END OF CONSENT CALENDAR: 7. Receive update on homeless efforts in Anaheim. D116 Public Utilities General Manager Dukku Lee presented a slideshow of photos and reported the Salvation Army shelter, located on Lewis Street, was nearly complete and would begin accepting individuals on January 31. Public Works Director Rudy Emami reported on the Kraemer emergency 101-bed shelter located on La Mesa Street with the shelter scheduled to open by the end of February and presented a slideshow of photos of the facility. He reported that interior demolition was completed and work had begun on framing, drywall, electrical, HVAC, plumbing, fire line, and sewer replacement. He advised that continuous information meetings have been held with the adjacent property owners. Mr. Emami reported the State College interim emergency 200-bed shelter was almost at full capacity and lessons learned from operating the facility have been incorporated into the design and operation plans for the new shelters. City Clerk Linda Andal addressed conditions and challenges at the State College shelter and estimated that approximately 70% have been residents since opening week. She noted that the shelter was serving its intended purposes and reported that Illumination Foundation did not anticipate the high number of intakes it initially received. Additionally, the City did not expect the City Council Minutes of January 29, 2019 Page 13 of 18 rapid growth and will acknowledge and address challenges and use those changes as best practices moving forward. Ms. Andal addressed the quality of the food, reporting that breakfast was served three times per week and lunch and dinner served seven days per week and provided sample menu items. She addressed security and reported that extra security has been added as needed. Ms. Andal addressed resources, services, and sanitation and advised that Illumination Foundation had doubled in size to ensure that the facility was properly sanitized and needed services were provided to the population. She addressed transportation and reported that the contract with Illumination Foundation called for two transportation shuttles per day, which has increased to four shuttles with a van available for as-needed appointments. Ms. Andal addressed sanitation and advised that there was a system overload and Illumination Foundation had a plumber onsite daily. Today she was advised that the restrooms would need to be permanently closed; however, at no time were restroom facilities not available for residents. Illumination Foundation has port-a-potties onsite and has ordered additional port-a-potties to the facility. Ms. Andal advised that Illumination Foundation has successfully diverted more than 10 families to more appropriate settings, has helped at least two individuals secure job interviews, and connected up to 15 individuals to treatment services. She reported on January 24th, Illumination Foundation contracted with a veterinary clinic to vaccinate the on-site pets. Community Preservation and Licensing Manager Sandra Sagert reported that plans were underway to transition residents to the Salvation Army shelter location after January 31, where greater wrap-around services would be provided. City staff was meeting with Illumination Foundation to identify residents and coordinate all intakes with Salvation Army with a slow move planned to ensure a successful transition. She reported that while homeless were transitioned to the shelters, the City began to clean and restore parks and sidewalks and return them to the community with 150 individuals housed in a short period of time. Ms. Sagert reported that three dedicated days of outreach occurred on December 21, 22, and January 3 with outreach services from Illumination Foundation, Orange County Healthcare Agency, CityNet, and staff from Public Works, Parks, Police, Fire, City Attorney, City Communications, and Code Enforcement making the three day effort one of the largest collaborations the City has ever performed related to helping homeless and restoring public spaces. DISCUSSION: Council Member Barnes thanked the entire team for their commitment to seeing the project to completion and thanked the administration for their continued support. Council Member Faessel thanked the team for their efforts and was very pleased with the number the shelters have served. He also thanked Ms. Sagert for addressing problematic areas outside of the shelters. Mayor Pro Tern Kring thanked the team for the incredible work. Ms. Sagert recommended referring the public who wish to provide good and services to the shelter to CityNet, in response to Mayor Pro Tern Kring's inquiry. Mayor Pro Tern Kring suggested signage in the restrooms to help with the sanitation problems. City Council Minutes of January 29, 2019 Page 14 of 18 City Manager Chris Zapata thanked the State for their funding and noted that the County needed to be pursued for continued on-going funding. MOTION: Council Member Barnes moved to receive update on homeless efforts in Anaheim, seconded by Mayor Pro Tem Kring. ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil). NOES — 0. Motion carried. 16. Approve the Second Amendment to Professional Services Agreement with Bureau Veritas of North America, Inc. increasing the total compensation amount to $2,350,000 AGR 8803.2 and the First Amendment to Professional Services with Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific, increasing the total compensation to $1,000,000, for as- AGR-8805.1 needed plan check, permit processing, and inspection consulting services for the Planning and Building Department; and authorize the Planning Director to execute the amendments and other related documents necessary to implement the amendments. Planning and Building Director David Belmer reported that the City issues 5,500 building permits per year and services include receiving and checking plans, issuing permits, and inspecting the work. He advised that while City staff serve the public, the work was augmented by consultant services, specifically in delivering performance deadlines. There were currently five consulting services agreements in place with one-year extensions being provided over time, but the agreements expire on June 30, 2019. Mr. Belmer recommended that the City Council approve the proposed amendments to the agreements with Bureau Veritas of North America, Inc., and JAS Pacific and authorize the Department Director to execute the amendments to continue their services. DISCUSSION: Council Member Moreno was pleased to hear the volume of planning and building activity that warranted the increase as it showed Anaheim was business friendly. Mr. Belmer reported the City was in a significant building phase with some complex structural projects underway. He explained that fees were set on cost-recovery with those fees set by City Council and well below costs and he felt fees were equally split between commercial and residential. Building Official Terry Alford advised that there was an uptick in tenant improvement and small business activity, in response to Council Member Moreno's inquiry. MOTION: Council Member Moreno moved to approve the Second Amendment to Professional Services Agreement with Bureau Veritas of North America, Inc. increasing the total compensation amount to $2,350,000 and the First Amendment to Professional Services with Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific, increasing the total compensation to $1,000,000, for as-needed plan check, permit processing, and inspection consulting services for the Planning and Building Department; and authorize the Planning Director to execute the amendments and other related documents necessary to implement the amendments, seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil). NOES — 0. Motion carried. City Council Minutes of January 29, 2019 Page 15 of 18 21. ORDINANCE NO. 6458 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Sections 1.04.391, 1.04.396, 1.04.450, 1.04.510, B105 1.04.810, and 1.04.996 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code providing for district-based nomination of City Board and Commission Members, ratified M142 by an affirmative vote of the majority of the City Council (introduced at Council meeting of January 15, 2018, Item No. 29). City Clerk Linda Andal reported that on January 29, City Council introduced an ordinance to amending Chapter 1.04 of the Anaheim Municipal Code related to the manner in which board and commission members were appointed. Specifically, the proposed amendments would require an affirmative majority vote of the City Council to ratify each district and at-large nomination of a board or commission member. The proposed amendments continue to require that district residents receive priority in the nomination and appointment process. DISCUSSION: In response to Council Member Moreno, Ms. Andal clarified that the ordinance was drafted to allow the nominating District Council Member to make a second nomination in his/her district in the event the initial District Council Member's nomination was not approved by the majority of City Council. Council Member Moreno expressed concern that this ordinance gave the majority the ability to veto district appointments which goes against the residents' wishes and he could not support this change. Mayor Pro Tern Kring noted that in her past experience, there were not enough candidates for her vacant positions and she would nominate from outside her district. She noted that she would be supportive of her fellow City Council Members and supported the item. Council Member Barnes did not understand the spirit behind the change and felt it undermined the residents who were nominated. MOTION: Mayor Pro Tern Kring moved to adopt ORDINANCE NO. 6458 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Sections 1.04.391, 1.04.396, 1.04.450, 1.04.510, 1.04.810, and 1.04.996 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code providing for district-based nomination of City Board and Commission Members, ratified by an affirmative vote of the majority of the City Council, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 4 (Mayor Sidhu and Council Members Kring, Faessel, and O'Neil); NOES — 3: (Council Members Barnes, Brandman, and Moreno). Motion carried. 22. RESOLUTION NO. 2019-014 A RESOLUTION OF THE CITY COUNCIL OF THE D114 CITY OF ANAHEIM amending and restating the procedures and rules of order for the conduct of City Council meetings (continued from Council meeting of January 15, 2019, Item No. 28). City Attorney Robert Fabela recapped that at the January 15 meeting, the Council heard public comments and discussed the proposed rule changes, but did not vote on the item. Council did vote to continue the matter to January 29, 2019 with a request that new revisions be proposed based on the Council discussion that took place. City Council Minutes of January 29, 2019 Page 16 of 18 Mr. Fabela reported that staff took the additional time to review the rules, as a whole, to propose some additional minor"clean-up" revisions. He presented the proposed rule changes that differed materially from those proposed on January 15 in the following respects: The proposed time limit for submitting speaker cards (one hour after beginning of meeting) has been deleted; the proposed public comment periods remain (one near the beginning of the meeting and the second near the end), but it has been restructured; the public hearing times reverted back to the current time limits, i.e., there were no proposed changes to the public hearing time limits as was presented on January 15. Mr. Fabela reported that there was a provision that specifically talked about the possibility of loud noises, clapping, booing, hissing being prohibited if it disturbs, disrupts, or impedes the orderly conduct of the meeting. He reported there was a provision adding the requirement of speaker cards and, while it allowed for anonymous speakers, a card must still be submitted. Additionally, the first public comment period would be limited to 90 minutes or until all agenda item speakers have been called. Any remaining time in the initial 90-minute period would be offered to general comment speakers; if no time remained, such speakers would have the opportunity to speak during the second comment period. He also clarified provisions related to audio/video equipment. DISCUSSION: Council Member O'Neil disclosed that he had a conversation with two members of the Council, and it was later found that one of the members had emailed on this topic in violation of the Brown Act. Mr. Fabela clarified that while there was no specific rule on how to cure that issue, bringing it out in the open and discussing it was the best way to move forward and be transparent. Council Member Moreno expressed concern with Mayor Sidhu's recent changes, including recently requiring that three members of the City Council agree before an agenda item is set, limiting district nominations and appointments, and recommending changes to public comment and he felt that it does not represent the residents' wishes. In response to Council Member Moreno, Mr. Fabela clarified that public commenters can speak on general items if there was time within the initial 90-minute comment period or else they would need to wait to the general public comment period at the end of the meeting. Council Member Moreno reported the average length of public comments was 2 hours and 12 minutes. He advised against limiting speech and noted he would vote against these rule changes. Mayor Pro Tem Kring stated she supported the item and felt it will help the meetings be more efficient and limit the intimidation that some public speakers are receiving. Council Member Brandman noted he could not support this item and hoped that other rules of order could be considered in the future. MOTION: Council Member O'Neil moved to approve RESOLUTION NO. 2019-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending and restating the procedures and rules of order for the conduct of City Council meetings, seconded by Mayor Pro Tem Kring. ROLL CALL VOTE: AYES — 4: (Mayor Sidhu and Council Members Kring, Faessel, and O'Neil); NOES — 3 (Council Members Barnes, Brandman, and Moreno). Motion carried. City Council Minutes of January 29, 2019 Page 17 of 18 REPORT ON CLOSED SESSION: None COUNCIL COMMUNICATION/AGENDA REQUESTS: Council Member Moreno congratulated the Anaheim Union High School District for its Serve-a- thon on Martin Luther King, Jr. Day and announced their new slogan "Unlimited You." He thanked residents and staff for a Neighborhood Services meeting held in the Vine/Bush/Rose neighborhood and announced the MyAnaheim App could be used in various languages. He reported his participation on January 24th in support of residents and asked people to continue to engage. He further reported the Sheraton and UNITE HERE Local 11 negotiated an agreement for the workers. He reported his attendance at the Muzeo community art day to create art for the homeless shelters and a plan by OCTA to build a transportation operations center at Lincoln and Manchester. He announced an upcoming District 3 community meeting at City Church on January 31st, the Black History parade and cultural faire on February 2nd, a neighborhood walk at Romneya/Patrick Henry Elementary School on January 30th, and a meeting at the senior center on February 5th. He expressed his regrets for not being able to attend the Salvation Army homeless shelter ribbon-cutting on January 31st. Council Member Brandman expressed appreciation for all who participated in the Kaboom! Playground opening at Clara Barton Park on January 26th and looked forward to additional plans for that park as well as additional Kaboom! playgrounds at additional city parks. Council Member Faessel reported his attendance at a Sunkist Library STEAM "crafternoon," the Boy Scouts El Capitan fundraiser, the Grove's 20th birthday celebration, the Miss Anaheim competition at Servite High School, and the AUHSD Serve-a-Thon. He announced the launch of FRAN (Free Rides Around the Neighborhood), local transit for the CtrCity area, and the Muzeo community art day. He recognized Disney's participation and efforts for the Clara Barton Park Kaboom! playground, reported his participation at a Green Bird cleanup at Zion Lutheran School, invited all to the Black History parade, and requested a formal recognition of Miss Anaheim and her court at the April 16th Council meeting, concurred by Mayor Pro Tem Kring and Council Member O'Neil. Mayor Pro Tem Kring announced National Plan for Vacation Day, reported the City received $160 million in TOT revenue, and thanked Visit Anaheim for promoting the city. She highlighted the approval of the Lot Line Adjustment (Item No. 15) related to the Anaheim YMCA Family project, expressed her appreciation for the services provided to the community by the YMCA, and looked forward to their new facility. She thanked the Police Department for ensuring the safety of all involved and affected by the civil disobedience and requested an audit of incurred costs be provided to Council. She requested the meeting adjourn in honor of current and former law enforcement personnel who were killed or wounded in the line of duty and announced the Black History parade. Council Member O'Neil thanked the National Association of Music Merchants (NAMM) for choosing Anaheim for their convention and looked forward to a continued partnership; thanked the Police Department for keeping everyone safe during the civil disobedience; and congratulated Linda Andal, David Belmer, and Greg Garcia for their promotions and additional responsibilities. Council Member Barnes congratulated the Miss Anaheim contestants and Mike Mannix for being honored at the Boy Scouts El Capitan District luncheon. She announced the opening of a new City Council Minutes of January 29, 2019 Page 18 of 18 adult health care facility by SeniorServ, encouraged all to give blood, thanked city employees for their work, thanked volunteers involved in the point-in-time count and all homeless shelter efforts, and acknowledged the actions of Council Member Moreno. Mayor Sidhu acknowledged the 300 volunteers at the 11th Kaboom! playground build, announced the ribbon-cutting of the Salvation Army shelter on January 31st, thanked all for their efforts regarding homelessness, and announced the Access California gala on February 9th. ADJOURNMENT: At 9:42 P.M., with no objection, Mayor Sidhu adjourned the January 29, 2019 meeting in honor of current and former law enforcement personnel who were killed or wounded in the line of duty. Respectfully submitted, Theresa Bass, C C City Clerk