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03/01/2016 ANAHEIM CITY COUNCIL REGULAR AND REGULAR AJOURNED MEETING OF MARCH 1, 2016 The regular meeting of March 1, 2016 was called to order at 3:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned meeting of March 1, 2016 was called to order at 4:06 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 March 26, 2016. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, Kris Murray and James Vanderbilt. STAFF PRESENT: City Manager Paul Emery, City Attorney Michael Houston and City Clerk Linda Andal. WORKSHOP: UPDATE ON THE BEACH BOULEVARD SPECIFIC PLAN AND DISCUSSION OF POTENTIAL MOTEL STRATEGIES Planning Services Manager Jonathan Borrego shared an update on the progress made to date on the Beach Boulevard Specific Plan (BBSP). BACKGROUND: The Beach Boulevard Specific Plan launched in July 2015, was funded through a state strategic road planning grant of$490,000 to be used for the preparation of a specific plan document and an environmental impact report, and anticipated to be completed within 18 to 24 months. Mr. Borrego explained this would provide a long-term plan guiding new investment, new development, new public improvements within a defined area, and to offer incentives and improvements that could be achieved. A new land use plan, zoning tools, and design guidelines would ensure quality development for the future, would prioritize capital improvement projects with funding identified for those improvements, and a streamlined approval process in an effort to incentivize new development. PROJECT BOUNDARIES: The specific plan would include the area along Beach Boulevard from northern city limits adjacent to Buena Park, down to the southern city limits in Stanton and some of the parks and schools in the area including Twila Reid and Schweitzer Park. He added this would be a three phase process, with Phase 1, identifying existing conditions, opportunities and constraints already completed and Phase 2, nearly wrapped up with the development of the community-based vision for this area. The third and final phase was the preparation of the specific plan and project environmental report, soon to begin. COMMUNITY OUTREACH: Early in the process Mr. Borrego indicated staff conducted several large scale community events in the west Anaheim area for public input, one at the Haskett Library with over 100 attendees, and per the request of a resident, the Biltmore apartment complex with over 40 participants. In addition, www.improvewestanaheim.com offered an interactive community survey for improving that area and the first mobile workshops went out into the community, at the Back-to-School night at Twila Reid Elementary School and the Annual Holiday Tree Lighting event with over 100 participants taking a visual survey using an iPad with the city's community outreach consultant. The latest mobile workshop engaged some of the local high school students in the planning process, recently at Western High School with plans to visit Magnolia and Savannah to share land use planning and the government's role in the planning process as well as engage participation in planning exercises looking for future suggestions for the Beach Boulevard corridor. City Council Minutes of March 1,2016 Page 2 of 16 In addition, he remarked a Community Advisory Committee (CAC) of 19 stakeholders that represented a broad range of members from WAND, Renew West Anaheim, West Anaheim Neighborhood District Council, as well as nonprofits, business owners, residents, and local developers was created. Five meetings had been held to date, and staff had taken the CAC members on a housing tour of residential developments recently built or under construction, in Anaheim, Buena Park, and Fullerton since the corridor was currently designated for residential land and was expected to remain so as part of the specific plan. He pointed out the most significant accomplishment to this point had been to establish a vision statement for the plan that included the following: • Improve the Boulevard, from a safety and walkability standpoint; • Promote Investment— new development that would replace marginal uses and attract new restaurants and retail uses; • Create new gathering and recreational areas; and • Promote a new identity and brand. Mr. Borrego underscored the vision statements were a reflection of the community input received over the past year in terms of identifying priorities and areas of improvement and investment the community would like to see and to be a focus of the specific plan moving forward. He added comments were also heard from the community about ideas they were seeing in adjacent communities and would like to duplicate. Staff met with their counterparts in Buena Park and Stanton to get a better understanding of what was going on, participated in the Renew West Anaheim coalition, and partnered with mayors and staff of adjacent cities. A developer round table was held, with staff inviting developers, both commercial and residential, as well as real estate experts active in the North Orange county area and in Anaheim to get their feedback on the types of opportunities and challenges they saw along the corridor with the goal of incentivizing investment. Mr. Borrego pointed out staff was able to use that meeting as a chance to market west Anaheim and would continue to market Beach Boulevard as the plan moved forward to generate ideas before the specific plan was completed. MARKET CONDITIONS: Mr. Borrego explained market studies had been conducted with promising results that showed there were current and future demands for retail and restaurants. There was also a potential of capturing some of the Buena Park or Cypress shoppers to Anaheim with the Westgate development providing a path to close that gap. He added there was a strong demand for residential development as shown in the market studies and by the interaction between residential developers both "for rent" and "for sale" units. While preliminary analysis suggested the office market was somewhat weak and the medical office market unknown because of the high vacancy rates of the current medical offices near the hospital, staff would address that market as well. COMMUNITY DESIRES: The community emphasized many times their interest in quality retail and restaurants and specifically for the city to address the motel problems, via replacement/reuse of those motels because of the significant negative impacts on nearby neighborhoods. Staff commissioned BAE, a consulting economist firm, to study the motel market, whose preliminary findings showed that of 18 motels on the Beach Boulevard Corridor; only about four of them were operating as true motels serving the tourist population. The other 14 were operating solely as transient hotels or a combination of both, legitimate hotel or City Council Minutes of March 1, 2016 Page 3 of 16 transient hotels. In discussions with Buena Park regarding expansion of their entertainment zone, the city was seeking a better understanding of what the future demands for motels might be. SUMMARY: The challenges identified for development of this area was: 1) the high land value, which was estimated at about $5 million/acre; 2) that development would likely require some land assemblage as many of the parcels were small and would need to be massed in order to support quality development; 3) the high traffic speed in that corridor, although staff had some ideas on how to address that issue; and 4) the current image of west Anaheim. From an aesthetic standpoint, Mr. Borrego indicated that Caltrans owned the right-of-way on Beach Boulevard and the city would be challenged in any beautification project related to compliance with Caltrans standards and in addition, there were several Southern California Edison overhead transmission utility lines and a great deal of pavement along the route which hampered the ability to improve the looks of the corridor. In terms of opportunities, he pointed out there was a committed group of community stakeholders actively engaged in this process and staff looked forward to continuing cooperative efforts and seeing the results of revitalization efforts. He added it was a convenient location, had high traffic counts which addressed development opportunities and was close to Knott's Berry Farm and the surrounding area. He pointed out there was a population of about 45,000 residents within a one mile radius of the corridor which pointed to a strong potential market support for new development in the area and there was already strong developer interest in the vision. Add to that the city's program to address the homeless population and motel impacts, he believed the specific plan would create zoning incentives and streamlined processes that would spur new development and that the city would actively market a new image as an important element of that plan. Mr. Borrego ended his remarks stating the next step in the process was completion of the motel demand study this month, further community input, and the preparation of the environmental impact report estimated to be completed by the spring of 2017. Mayor Tait remarked that the structure was there to make this an iconic boulevard in southern California and he was excited at the prospect and thankful for the community's insistence on turning around the negatives. Council Member Murray remarked it was important to find out the financial and economic incentives used so successfully in the Resort District, the Platinum Triangle and Downtown Anaheim and how they could be used in west Anaheim, because it was time to provide the same level of investment and incentivizing in the corridor and greater west area of the city. She requested staff to bring back those options that would set the stage for development and reiterated an earlier request she had made for staff to return with a strong policy addressing hotels/motels that harbored and ignored escalating drug use, trafficking, prostitution and other felony crimes as part of the immediate planning effort; i.e. three strikes and the license was pulled and prosecution started. Council Member Vanderbilt remarked that the west area residents had been waiting for help for years, asking if staff could revisit the timeline for the environmental impact report and work with the consultant to speed up the process with Mr. Borrego concurring. DISCUSSION OF POTENTIAL MOTEL STRATEGIES WORKSHOP: David Belmer, Planning Director, stating the presence and concentration of motels along Beach Boulevard created persistent challenges for the city due to criminal activities and maintenance City Council Minutes of March 1,2016 Page 4 of 16 issues and noted Council was aware of the concerns and had requested staff evaluate strategies to deal with issues, that would involve police services focused on the criminal activities and code enforcement for the physical or maintenance aspect. Motels, as defined in the Anaheim Municipal Code, were buildings with guest rooms with outdoor guest parking directly accessible from the guest rooms, and in Anaheim, there were about 95 motels in total. Along Beach Boulevard, Director Belmer pointed out, there was a high concentration of motels, but in general they were dispersed throughout the city, reflective of a time when lodging facilities relied on attracting motorists. The quality and street presence of the motels varied greatly with some well-kept and operating as legitimate tourist facilities while others were offering last resort housing for people with limited resources, another challenge as they were not designed for this purpose. He pointed out specific crime statistics adding crime was a real problem in 2014. He added that the criminal activity was of concern, and negatively impacted the quality of life of the surrounding neighborhoods and was a disincentive or detraction from private investment, an important goal for the specific plan that must be addressed. He pointed out this issue was not exclusive to Anaheim and that many of the surrounding cities; i.e., Cypress, Buena Park and Stanton were also dealing with a myriad of issues associated with motels whose market had disappeared over time. Mr. Belmer reported the most common types of crime at motels were typically related to prostitution, drug use and trafficking, and that those involved in these crimes either as perpetrators or as customers were drawn to motels because of the transient nature and the anonymity when away from home and family as well as the physical design of the property where people easily come and go. POLICE CALLS FOR SERVICE: Police Chief Raul Quezada noted his data was collected from February 1, 2015 to January 31, 2016, and identified the top ten motels in the city that generated a significant amount of calls. Of the ten, only three were actually located on Beach Boulevard; the top three were the Tampico Motel at 120 S. State College with 169 combined calls for service including officer-initiated calls, the Travel Inn Motel at 920 S. Beach with a total of 145 calls for service also including police officer initiated calls, 916 S. Beach that was 7th on the list with 241 calls and 500 S. Beach, Calico Motel with a total of 49 calls. Mr. Belmer stressed that the single largest source of resident concerns was that the 18 motels concentrated on Beach Boulevard were in close proximity to the adjoining residential neighborhoods. He added it was not just the concentration of motels because that happened throughout the resort, it was that these motels were no longer competitive as a tourist destination and that many of them had been converted to residential occupancy or non-tourist related form of occupancy and that also contributed to crime. At this point the city took a number of steps to abate code violations and address criminal activities in large response to complaints received. Five motel owners agreed to abate both interior and exterior violations with the result that around 255 rooms were remodeled to varying degrees and health and safety issues were abated. Those efforts produced positive visual results, however, he noted to solve the criminal element, help was needed from the operators which was where the Police Department was focusing their community policing efforts. Chief Quezada reported with increased personnel, two additional officers were now deployed to the West District community policing team in the last 12 months, four officers and one sergeant. In addition, in partnership with the Buena Park Police Chief and Stanton's equivalent, a meeting was held to share ideas, concerns and challenges in this corridor with future meetings to be City Council Minutes of March 1,2016 Page 5 of 16 scheduled. In addition, as the lead agency with the OC Human Trafficking Task Force, the Chief reported there was significant work in that area identifying minors as victims of human trafficking and the department would continue to work with WAND, Renew West Anaheim and other stakeholders to identify and work toward those challenges. Lastly, he announced with respect to the homeless situation, partnering with CityNet as well as Coast to Coast showed a reduction in blight at some of the parks as well as complaints from the community and he and his staff would continue to work with other city staff in that effort. Mr. Belmer remarked that in 2014, crime was more concentrated on the west side while more recent data showed it citywide and staff believed the most important factor was the motel owners and on-site managers. He pointed out the 9th U.S. District Court of Appeals recently invalidated cities ability to maintain guest registries, which the city specifically looked at in previous efforts to try and control some of the crime issues and create more accountability in these motels. He indicated the city of Costa Mesa intended to pass an ordinance to deal with some of its challenges and the court issued an injunction to temporarily halt its implementation. CURRENT EFFORTS: • There was an ongoing dialogue with residents on Beach Boulevard through the specific plan process as well as other avenues; • A motel operator was a member of the advisory committee for the BBSP; • Staff extensively reviewed current code enforcement practices and nuisance abatement provisions; • As part of the annual review of the rental quality housing program, Council specifically requested staff look at the potential of expanding that program into some of the motels given the fact that many of them converted to long term residences; and • Staff extensively reviewed best practices in other cities in addressing specific problems and in recognition that not all motels in Anaheim were creating issues. IMMEDIATE STEPS TO TAKE: • Continue outreach and dialogue; • Become more proactive with code enforcement efforts; • Improve and streamline nuisance abatement efforts; • Utilize both criminal and civil code violation options when circumstances warrant; and • Extend the quality rental housing program to include motels converted to that use, and do it on a 12 month pilot basis, anticipated to be available by the beginning of the fiscal year. Mr. Belmer remarked the city of Chula Vista implemented a hotel/motel ordinance that required a permit to every hotel and motel operator in the city annually that could be revoked or renewal denied if there were criminal issues. He added in staffs view there were differences between Chula Vista and Anaheim as they had fewer than 50 hotels while Anaheim had hundreds and they were having issues with most of their hotels/motels to varying degrees, while Anaheim did not. Staff's preference was to start with the abatement codes and become more proactive with code enforcement efforts and implementing the Quality Rental Housing Program for motels for a 12 month period and go from there. City Council Minutes of March 1,2016 Page 6 of 16 PUBLIC COMMENTS: Jodie Mosely, resident, remarked the problems the west side had been having for years was more than a challenge for them as they have been living it for so long. She emphasized the crime, blight and aesthetics should have been addressed long ago and she urged the solutions be expedited. Orlando Perez remarked he was running for District 1 council candidate, an area that had been unchanged and unsafe for years and looked forward to seeing improvements, such as a senior center or big box store and restaurants. June Hamze, 45 year resident, remarked neighbors had been asking for the city's help for 20 years and Anaheim Police could not keep up with ongoing crime in this area. She urged Council to help clean up the west side and make residents proud to live in Anaheim. Mark Daniels, resident, would like the city to take control of Beach Boulevard from Caltrans and brand it as its own district much like the Platinum Triangle or the Resort area. Along with the West Anaheim Youth Center and police substation, he would like to see a sub-library on the site and Westgate Shopping Center as the cornerstone of Beach Boulevard, and another asset to Anaheim. Caroline Carpenter thanked Council for the support to a new nonprofit called Building Occupational Opportunities (BOO) that helped underserved adults find jobs. As a resident of West Anaheim, she appreciated the city's effort to turn this area around and offered the services of BOO to help transients in the area to find homes and hope. John Dunton stated several years ago a Fortune 500 company donated $2,000 worth of sports equipment to the police department because of the Cops 4 Kids program. He also acknowledged that not only were the police patrolling the west side, the Cops4Kids were helping out with homework and other youth efforts in that area as well. Cecil Jordan Corkern, Outreach Homeless Ministries, was supportive of the city's efforts to combat crime associated with drugs, alcohol and prostitution, an effort that should help resolve residents' concerns. Kathy, resident, announced she lived directly behind a motel on Beach Boulevard and had many stories to tell about that experience. She remarked that the zoning ordinance had been revised many times over the last 60 years, recommending that when motel ownership changed, the conditional use permit be evaluated and changed as well to address issues between commercial and residential uses. As an example, she pointed out that 36 years ago, the block wall between the commercial and residential was six feet high and the Municipal Code now required eight feet in height which spoke to her current problem with a wall only 4.5 feet on her side and strangers jumping onto her property daily. She believed that type of update would be helpful to residents in this situation. William Fitzgerald stated the deterioration of west Anaheim resulted from a 15 percent transient occupancy tax measure that passed in 1997 that left the motels on Beach Boulevard unable to compete with their counterparts in Stanton and Buena Park. He blamed the passage of that measure on Disney Corporation and its supporters. City Council Minutes of March 1,2016 Page 7 of 16 Nathan Zug, CAC member, remarked there had been an inequitable investment made in the west end of Anaheim over the last couple of decades and he agreed with the suggestion that it was time to make that investment now and to leverage it through collaboration and any other means used to spur redevelopment in other areas of the city, like the Platinum Triangle. With no other comments offered, Mayor Taft closed this portion of the meeting inviting city council to comment. Mayor Pro Tern Kring stated she supported the following: 1) stronger code enforcement efforts to rid the city of those motel operators enabling crime and prostitution; 2) using the"three strikes and out" premise with the possible consequence that the $5 million/acre land cost might be reduced as more owners preferred to sell than stay; 3) quality residential and retail for residents and beautification of the corridor and; 4) to do it now rather than later. Council Member Murray asked what the timing was for expediting implementation of the quality motel rental program including stepping up enforcement and penalties for operators not complying with code and safety requirements and/or public safety issues. Mr. Belmer responded that staff was working on a motel inspection program similar to the quality rental housing program and should have that for Council consideration in July with implementation to follow. Regarding enhanced code enforcement, staff had begun working with the city attorney's office to strengthen public nuisance provisions and should have that before Council for consideration within 60 days. Mr. Belmer added that as the ordinance for the motel rental housing concept was drafted, staff would work with the city attorney's office to ensure there were provisions in the ordinance to prosecute, if needed. Council Member Murray reiterated her statement that she wanted to see the same type of economic investment, incentives and public investment in the west end of Anaheim that had been incorporated so successfully in other parts of the city. Council Member Brandman was appreciative of staff's efforts and for the residents that came together to bring this effort forward, thanking Esther Wallace and Phyllis Greenberg for their many years of hard work to bring about a renaissance for their community. He added that west Anaheim had suffered during the recession and was why the city began making investments which culminated in the development of the Beach Boulevard Specific Plan and motel policies that would make accountability permanent. In response to the question posed by Mayor Pro Tern Kring as to whether the homeless population dropped with the Armory being open, Chief Quezada responded the numbers were not less, but the blight was and the homeless coalition was working on another check-in center in the area of Ball and Beach Boulevard, located behind a church and as a condition of that program, the homeless would be asked to not congregate in that area. Mayor Tait thanked staff and the community for pushing the city to address Beach Boulevard and come up with a long-term plan that would do for Beach Boulevard what it had done for the Resort District and the Platinum Triangle. At 5:36 P.M., Mayor Tait briefly recessed the city council, reconvening the meeting at 5:42 P.M. INVOCATION: Pastor Brian Dagen, Sunkist Community Church FLAG SALUTE: Council Member Kris Murray City Council Minutes of March 1,2016 Page 8 of 16 PRESENTATIONS: Recognizing Joseph Jackson, Jr. for his civil rights activism Mayor Tait introduced Joseph Jackson Jr., recognizing his courage as one of the Tougaloo Nine, young black college students that began the civil rights movement by staging one of the first sit-ins at the all-white Mississippi college library in 1961. Mr. Jackson, a resident of Anaheim, explained that it was only in 2014 when an article was written about him that the public had a chance to read about his story, as it was something he had suppressed for almost 55 years. He recounted the details of the event and thanked the public for listening to his struggle for equality in the civil rights movement. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming March 2, 2016, as Read Across America Day Audrey Lujan, City Librarian, accepted both proclamations on behalf of the library, stating every March, schools nationwide participated in Read Across America month and in honor of Dr. Seuss, volunteers would be reading their favorite Dr. Seuss books to elementary school children, important in motivating children to read and creating lifelong leaders. Proclaiming March 21, 2016, as World Poetry Day Ms. Lujan, accepting the World Poetry Day proclamation, explained this was an effort to support the expression of poetry throughout the community. Proclaiming March 31, 2016, as Cesar Chavez Day Proclaiming April 2016, as DMV/Donate Life California Month ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk, Linda Andal. Cecil Jordan Corkern, Outreach Homeless Ministries, read passages from the Bible. Duane Roberts, resident, expressed his concern with the Anaheim Police Department's response to the Ku Klux Klan (KKK) demonstration that took place at Pearson Park last Saturday, asking why there was no visible police presence at the organized event and requesting an open evaluation of department's strategy. Rene spoke against the Anaheim Police Department's handling of the planned KKK event and the lack of police presence and reminded the community of the anniversary of police-related deaths that occurred in Anaheim. Jason Mitchell complained about police response to the Pearson Park incident and voiced his opinion that counter protestors should be freed and KKK members charged with felonies under the Rico Act. William Fitzgerald stated all problems occurring in the city of Anaheim were connected to corporate control of the City Council. City Council Minutes of March 1,2016 Page 9 of 16 JoAn Gottlieb, stated she lived on Crestbrook Place, a small cul-de-sac that was a block north of South Street that was home to 3,000 square foot homes on nearly one acre lots. She indicated a new homeowner was doing extensive renovation to turn the residence into a sober living facility or possibly a vacation rental, asking the city where she could obtain more information. Mayor Tait recommended the speaker meet with Kristine Ridge, Assistant City Manager, who would explain options available to her. Lesley Anderson remarked he lived next to the home at 1211 E. Crestbrook Place that was undergoing extensive renovation and was very concerned about the possibility of having a sober living house or vacation home next to him with Mayor Tait referring him to Kristine Ridge as well. Charles Dewitt, W. Broadway, stated he was requesting permit parking for the north side of the street due to the spillover parking from apartments on the north side. Mark Daniels, lifelong resident, recommended the Pearson Park incident be opened up for dialogue with the public in all six city districts to allow interested persons to speak on the issue. Jodie Mosely, West Anaheim resident, remarked Item No. 2 stating that the Farmer's Market at Twila Reid Park was something the community had been asking for a long time. She urged Council's full support of the item. Lennel Garcia, lifelong resident, remarked he had the same problem with lack of street parking and individuals blocking his driveway. Mayor Tait suggested the speaker meet with Public Works Director, Natalie Meeks to pursue the parking permit program. Dylan Sevett remarked he was from Kansas City and covered rallies such as the KKK demonstration, and objected to the lack of police presence during this event and questioned why KKK participants were not jailed. Chance Dite introduced himself as a possible candidate to the Community Services Board. Nancy West spoke in detail about a stalker pursuing her daughter and her attempts to involve the Anaheim Police Department and the challenges in doing so. Daniel Luevanos, city ambassador from One Legacy, Donate Life, offered statistics on the Donate Life program and its recipients, encouraging interested citizens to register on www.donatelifecalifornia.org and to support the many events occurring on behalf of this organization. He provided invitations to the event. Elizabeth Mejia supported the Anaheim Tennis Center and spoke about a scholarship her son received and its positive impact; she urged Council to continue the tennis center program. Bobby Donelson, resident, remarked that his specific residence was adjacent to the wall of the Anaheim Convention Center, and the miniature citrus trees used for landscaping allowed people to jump over the fence because it was a direct shortcut to the Convention Center. He asked the city to consider grading the ground next to that fence or taking some other action to solve his problem. Mayor Tait recommended the speaker address his issue with Tom Morton, Director of the Convention Center, Sports & Entertainment Department. City Council Minutes of March 1,2016 Page 10 of 16 Steve Gil, Center Street Cheese Shop, felt the KKK demonstration was not handled appropriately by the police department and the incident that occurred should have been anticipated. Donna Acevedo urged the public to attend the Public Safety Board meeting on March 10th and find out what was happening on the streets and in the Police Department. She pointed out that when Anaheim residents peacefully protested, the police were everywhere, including rooftops, but not the case when a hate group came to town to demonstrate. Adrian Odonna, Romney Drive, witnessed the KKK rally, reporting his friend Marquis Turner was helping protesters and did nothing wrong as could be seen in a video that was circulating everywhere and charges against him should be dropped. Ana Martinez reported criminal activities were still taking place at 2129 E. Ball Road, identified as a laundromat and a disabled health facility that had become a hot spot for illegal activity in her neighborhood. A recent call to the Mayor's office resulted in a quick response from code enforcement, however, she pointed out, the facility had reopened and those activities continued to impact the community. Brian Chuchua, resident, remarked the Anaheim Tennis Center was to be discussed this evening and he wanted to know what the lease amount was for this for-profit business versus the millions being spent to upgrade it stating there should be some relationship between the two. Mike Robbins, resident, believed the youths that had been charged in the KKK rally incident, should be admonished, fined and released, and while freedom of speech was an important right for all, KKK tenets should be a factor as well. Cynthia Ward, resident, felt the KKK rally was mishandled and put Anaheim residents in danger. Regarding the Anaheim Tennis Center, she supplied a copy of the operator's lease that showed the city owed basic improvements to the facility to bring the Wagner house up to code but the sunken center court and multi-million wedding center was not one of the requirements. She objected to giving funds to the Center when the youth of the city had no jobs or a future. Victoria Michaels, resident, stated the KKK rally had been mismanaged and negatively impacted the city and its tourism. She urged Chief Quezada to host community meetings and hear what the youths of Anaheim had to say. POLICE CHIEF'S COMMENTS: Per Mayor Tait's request, Chief Raul Quezada provided information and responded to comments regarding the Ku Klux Klan assembly at Pearson Park. He advised the department had been made aware of the planned demonstration a few days before the event through a phone call by one of the Klan members stating the demonstration would take place at 1:30 P.M. A plan was put in place involving plain clothes officers and others in various locations around the park, however the protest began at 11:30 a.m., not 1:30 P.M. Officers responded to an incident that occurred on the south side of the park, some within 90 seconds and two minutes for others. He added the Department was prepared, had adequate resources available and individuals were taken into custody. Chief Quezada remarked that the Department had the authority, if there was evidence that a crime was committed to make an arrest and that it was through the investigation process that an individual could be released or held in custody with the Orange County District Attorney's office having the authority to file charges or release. City Council Minutes of March 1, 2016 Page 11 of 16 COUNCIL COMMUNICATIONS: Council Member Vanderbilt requested discussion regarding the KKK protest be placed on the March 10th Public Safety Board agenda and the findings be reported back to Council. CITY MANAGER'S UPDATE: Paul Emery, City Manager reported the passing of Pravin Mody, founder of the Anaheim Health Fair, and Jack Lindquist, first President of Disneyland. CONSENT CALENDAR: Council Member Vanderbilt removed Item No. 7 from the consent calendar for further discussion and Mayor Tait pulled Item No. 8 and indicated he would abstain on Item No. 9 as his firm may have done work recently with PT Metro. Mayor Pro Tern Kring then moved to waive reading in full of all ordinances and resolutions and 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 Brandman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). Noes — 0. Motion Carried B105 1. Receive and file minutes of the Parks and Recreation Commission meetings of September 23, 2015 and December 2, 2015, Library Board meeting of January 11, 2016 and Cultural and Heritage Commission meeting of January 21, 2016. AGR-9838 2. Approve an agreement with the Downtown Anaheim Association, in an amount not to exceed $19,000, to manage a certified farmers' market at Twila Reid Park for a six month period and authorize the Director of Community Services to exercise the renewal option extending the agreement with the same terms and conditions for one year. D150 3. Approve the naming of Aloe Greens Park and Aloe Promenade Park for two proposed parks of the A-Town development. D18o 4. Accept the lowest responsive bid of Moore Medical LLC, in the amount of$192,321.56 plus applicable tax, for the purchase of medical safety supply kits (triage bags) for first responders and authorize the Purchasing Agent to issue a purchase order, in accordance with Bid #8652. D180 5. Accept the lowest responsive bid of Hunter Consulting, Inc., in the amount of$25,560 plus applicable tax, for the purchase of emergency crime scene clean-up services for the Police Department for a one year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #8462. AGR-9839 6. Approve and authorize the City Manager, or his designee, to execute the Out-of-Area Sewer Service Agreement with the City of Orange allowing a private property located at 2337-2415 South Manchester Avenue to connect to the City of Orange Public Sewer System for the cost of maintenance fees paid by Anaheim to Orange. P109 9. RESOLUTION NO. 2016-046 A RESOLUTION OF THE CITY COUNCIL OF AGR-9840 THE CITY OF ANAHEIM vacating certain portion of Gene Autry Way located approximately 1385 feet west of State College Boulevard, pursuant to California Streets City Council Minutes of March 1,2016 Page 12 of 16 and Highway Code Section 8330, et seq. - Summary Vacation (Abandonment No. ABA2014-00286). Approve a Grant Deed and the Agreement for Purchase and Sale and Escrow Instructions with PT Metro, LLC, in the amount of$85,000, for sale of remnant property located approximately 1385 feet west of State College Boulevard, authorize the City Clerk to record the resolution and deliver the Grant Deed to escrow for recordation in the Orange County Recorder's Office and authorize the Director of Public Works, or her designee, to execute any other documents, including escrow documents, as required to close escrow. Mayor Tait indicated he would abstain on this item as his firm might have worked with PT Metro this year. ROLL CALL VOTE: AYES—4: (Mayor Pro Tern Kring and Council Members:Brandman, Murray and Vanderbilt). NOES— 0, ABSTENTION— 1:Mayor Tait. Motion to Approve Carried. C280 10. ORDINANCE NO. 6363 (ADOPTION)AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2015-00277) (DEV2015-00002) (420 and 440 North Magnolia Avenue) (rezoning from Transition and General Commercial Zones to Single Family Residential Zone) (Introduced at Council meeting of February 23, 2016, Item No. 18). 11. ORDINANCE NO. 6364 (ADOPTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2015-00282) (DEV2015-00071) (2337- 2415 South Manchester Avenue) (rezoning from Transition-Mobile Home Park Overlay and General Commercial Zones to Multiple Family Residential Zone) (Introduced at Council meeting of February 23, 2016, Item No. 19). END OF CONSENT CALENDAR: 7. Authorize the Chief of Police, or his designee, to enter into a Sub-Grantee Agreement with the City of Santa Ana, in the amount of$1,985,443, for reimbursement of funds AGR-4032.11 expended for the purchase of equipment, services, and training authorized under the FY AGR-4032.11.1 2015 Urban Area Security Initiative Grant, amend the budget for fiscal year 2015/16 accordingly for the Police and Fire Departments, and approve and authorize the City Manager to execute a Memorandum of Understanding with the City of Santa Ana. Council Member Vanderbilt stated at the last council meeting, a speaker addressed "stingray" technology in relation to the Police Department, asking staff to speak to the matter for the public record. City Attorney Michael Houston responded the cell-simulator technology was not one of the items considered in the 2015 UASI Grant, adding that the city was in compliance with its obligations under SB 741, related to operation and acquisition of this technology, a law that took effect January 1st and had no retroactive application prior to that date and did not require further action nor city council consideration. He indicated as required by this law, an Anaheim Police City Council Minutes of March 1,2016 Page 13 of 16 Department policy had been prepared to address cell-simulator technology and was posted on the Department's website MOTION: Council Member Vanderbilt moved to approve Item No. 7, seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). NOES — 0. Motion Carried. 8. ORDINANCE NO. 6365 (ADOPTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2015-00280) (DEV2015-00057) (1609 and 1615 West Cerritos Avenue) (rezoning from RS-2 Single-Family Residential Zone to RS- 4 Single-Family Residential Zone) (Introduced at Council meeting of February 23, 2016, Item No. 21). Mayor Tait remarked to be consistent with his prior vote, he would be voting no on this item. MOTION: Council Member Brandman moved to adopt Ordinance No. 6365, OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2015-00280) (DEV2015-00057) (1609 and 1615 West Cerritos Avenue (rezoning from RS-2 Single-Family Residential Zone to RS-4 Single-Family Residential Zone); seconded by Mayor Pro Tem Kring. DISCUSSION: Council Member Vanderbilt remarked he had shared some of Mayor Tait's concerns related to distances in the footprint of the development, but had no problem with the zoning change and would vote in support of the resolution. ROLL CALL VOTE: AYES — 4: (Mayor Pro Tem Kring and Council Members: Brandman, Murray and Vanderbilt). NOES — 1: Mayor Tait. Motion Carried. 12. Consider an appointment to the Community Services Board to fill an unscheduled C105 vacancy, term ending June 30, 2016. Community Services Board APPOINTMENT: Lori Farrow (unscheduled vacancy of Christine Villegas) Mayor Pro Tern Kring nominated Lori Farrow and Council Member Brandman nominated Jeanne Tran. Roll Call Vote for Lori Farrow reflected AYES -3 (Mayor Pro Tern Kring and Council Members Murray and Vanderbilt) and ABSTENTION —2: (Mayor Tait and Council Member Brandman). By acclimation, Ms. Farrow was unanimously appointed to the Community Services Board. City Council Minutes of March 1,2016 Page 14 of 16 13. Discuss the Wagner House and Tennis Center rehabilitation project and provide staff 0150 with direction on whether to proceed with solicitation of proposals for the design and construction of the project, and discuss, consider and potentially take any other related action as it pertains to the project. Mayor Tait advised he requested this item be placed on the agenda, explaining this project would rebuild and refurbish the Anaheim Tennis Center at a cost of$6.5 million with funds coming from the Platinum Triangle park fees; a project that had been discussed for a number of years during budget considerations. He had voiced his objection each time the project was proposed because $6.5 million was a great deal of money and this was a privately run tennis center, for profit, leased out to an operator by the city, and not available for free use by the public at large. He did not feel this was the best use of those funds, and suggested working with the Anaheim City School District that was looking at the Howell property in the Platinum Triangle for an elementary school and to maximize dollars so the site could be jointly used as a park and a school playground and ultimately free up additional funds for the school district. MOTION: Mayor Tait directed the city to seek other uses for the $6.5 million, particularly looking at the Howell site for a joint school playground/park space. Mayor Pro Tern Kring remarked the Anaheim Tennis Center and the historic Wagner house were assets of the city, and as such, should be maintained like any other asset. She believed this improvement was long overdue and would be supporting the design/build project that would make this facility the asset it should be similar to improvements made to the Anaheim Golf Course. Mayor Tait responded that he had voted against the golf course improvements as well, a $7 million project that could have been used to purchase 20 acres of Orange Grove land owned by the Maag family whose preference was see it preserved as parkland, an opportunity the city lost. Mayor Tait asked if the improvements would increase the profitability of the tennis center and if the city would realize increased rent. Community Services Director Terry Lowe responded there was a base rent of$30,000 and the city would receive seven percent of the gross on top of that which ran between $80,000 and $100,000 a year. He stressed that it would take about 20 years to recover the cost of the improvements and listed in detail the upgrades that would be undertaken with this project. He added the city had control of the facility for almost 40 years and had taken funds from it but had not put any money back into maintenance and bringing it up to code with the various electrical, plumbing, landscaping and major system repairs, which would not only return it to a functional asset but one that would generate additional revenues and provide quality tennis programs at affordable rates. Mr. Lowe further pointed out the central court and bleacher seating would drastically enhance the facility's ability to host tournaments. He added, those improvements and the gardens were not obligated by the agreement but were part of the public input process and that all of these improvements would provide the city with a larger share from the contract. His goal was to see the facility operate for another 40 years at a high quality level and was why staff was recommending these adjustments. He stated this would be one step in a much larger vision to use Platinum Triangle funding allowed under the Quimby Act for the rehab of parks within the service area of development and this facility qualified along with Ponderosa and Juarez Parks. The hope was to bring about a new Boysen Park as the city was doing with Ponderosa now and Juarez in the future. He agreed with the need for new parkland and recognized that it was a priority of the City Council along with rehabilitation of existing facilities. Specific to the tennis center, he stated when the department issued a Request for Proposal for a new tennis operator, the RFP stated the city would make significant improvements to the City Council Minutes of March 1, 2016 Page 15 of 16 facility in order to attract a quality operator. That operator was required to put funding into the facility immediately and he had done so in order to develop his business. Mayor Tait responded that for the city to invest$6.5 million in a privately operated business the taxpayers should get a better return on the gross, otherwise he deemed it a gift. Council Member Murray requested staff address the city's responsibility for the tennis center, its value to the community and how much had been invested to date. Mr. Lowe responded it was the only tennis facility in the central, south and west part of the city, with six courts available to the public in Pearson Park and eight courts available at Olive Hills. The facility was owned by the city since 1977, and to date, other than resurfacing the parking lot, this proposed project was the first investment by the city of Anaheim. Ms. Murray pointed out if the $6.5 million had been amortized over the 40 year period, the investment would not seem so significant. She asked staff to address the three phases of the proposed development with Mr. Lowe indicating the first phase had been the replacement of the playground on State College designed by the students at Roosevelt School, the second phase would be the Tennis Center/Wagner house improvements and the third phase would address the balance of the park that had been delayed due to the new school. He added that Roosevelt School used the city park for their playground and with the Successor Agency releasing eight acres behind the park; there was another opportunity for additional space. He pointed out other sites the Department had under consideration, the Ball Road Basin property, the expansion of Five Coves and Cerritos Avenue site and along with the eight acres at Boysen Park, Anaheim would add a total of 40 acres to this part of the city at build-out. Ms. Murray indicated there was adequate funding for the tennis center and an increasing stream of park fees coming to the city with development of the Platinum triangle and she would like to move forward with that investment. MOTION: Council Member Murray moved to support staff's recommendation and proceed with the solicitation of proposals for the Anaheim Tennis Center/Wagner House project, seconded by Mayor Pro Tern Kring. DISCUSSION: Mayor Tait reported he would not support the motion for those reasons given, requesting instead the funds be used to buy parkland. Mayor Pro Tern Kring pointed out that the staff report stated the operator provided recreational opportunities to many segments of the population at little or no charge. Mr. Lowe added that the operator, Mike Nelson, was present and supported a number of philanthropic efforts for the city, providing $45,000 as a youth scholarship program, sponsorship of Kateila and Loara High School tennis teams, as well as generating charitable donations to the Anaheim Community Foundation from its annual tennis tournament for intercity youth instruction, efforts that had been going on for years and not required by the contract. Council Member Vanderbilt wondered if this proposal separated the city's obligation per the contract and its cost versus the total project cost in an effort to find middle ground for Council's unanimous support. Mr. Lowe responded that the bulk of the cost was for the complete rehabilitation of the clubhouse, auxiliary buildings, landscaping, sidewalks and major system improvements in this modernization effort (Section 9.1 through 9.3 of the agreement), adding that it was not binding until Council approved each step as it moved forward in the process, but that he had no figures for the breakout cost for the center court and the garden area. ROLL CALL VOTE: AYES —3: (Mayor Pro Tern Kring and Council Members: Brandman and Murray.) NOES —2: (Mayor Tait and Council Member Vanderbilt.) Motion Carried. City Council Minutes of March 1,2016 Page 16 of 16 COUNCIL COMMUNICATIONS: Mayor Pro Tern Kring requested the meeting adjourn in the memory of Pravin Mody, founder of the Anaheim Health Fair, and Jack Lindquist, first President of Disneyland. She also reported her attendance at the Association of California Cities-Orange County (ACC-OC) and Orange County Business Council in Sacramento, focusing on discussions regarding water, transportation, short term rentals, tourism and a host of other issues. Council Member Vanderbilt thanked Mayor Pro Tern Kring for attending the Sacramento meetings on behalf of the City Council. Council Member Murray also reported her attendance at the ACC-OC and OCBC meetings to advocate on behalf of housing workforce development and transportation for the city and Orange County and congratulated Andrea Yamasaki on winning the election to the Orange Unified School District Board of Trustees, winning by more than a majority of more than 70 percent. Council Member Brandman expressed his condolences to the family of Pravin Mody and announced services would be held on Thursday, March 3 at 10:00 A.M. at Fairhaven Memorial. Mayor Tait spoke to the success of the annual Health Fair and the many that were served by this effort and also congratulated Andrea Yamasaki. He then requested staff place an initiative measure on the agenda for the November 8, 2016 ballot that would require voter approval for any economic assistance relating to hotel developments because there were two incentive programs that might be currently in the works. ADJOURNMENT: At 8:10 P.M., the meeting was adjourned in memory of Pravin Mody, founder of the Anaheim Health Fair, and Jack Lindquist, first President of Disneyland. es.:ctfully submitted, rr 00 Linda N. Andal, CMC City Clerk