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1992/03/24City Hal!, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT ABSENT: PRESENT COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau DIRECTOR PARKS, RECREATION & COMMUNITY SERVICES: Chris Jarvi PARK PLANNER: Richard Mayer PARKS SUPERINTENDENT: Jack Kudron UTILITIES GENERAL MANAGER: Edward Aghjayan POLICE CHIEF: Joseph Molloy CITY TREASURER: Mary Turner P D & A - MANAGEMENT AUDITOR II: Susan Grabemeyer-Grande P D & A - SENIOR MANAGEMENT AUDITOR: Gary Huniu PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:30 p.m. on March 20, 1992 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the workshop portion of the meeting of March 24, 1992 to order at 3:09 p.m. City Manager James Ruth. Before the workshop starts, he asked Mr. Ed Aghjayan to introduce the new Assistant General Manager for Public Ut i 1 it les / Elect r ical. Ed Aghjayan, Public Utilities General Manager introduced Mr. Brian Brady who comes to the City from Southern California Edison Company where he was Vice- President and General Manager of Energy Services. He then gave Mr. Brady's background. Bryan Brady. Having grown up in Orange County, he was happy to now be working for the City of Anaheim and excited about the many good things that were happening in the City today as well as future challenges. Mr. Ruth then introduced the workshop portion, the first presentation on ridin~ and hiking trails. 150: UPDATE - RIDING AND HIKING TRAILS: Chris Jarvi, Director of Parks, Recreation and Community Services. He gave a presentation to the Council on what the Department has been doing and where they are going relative to trail planning. (Mr. Jarvi's presentation was supplemented by slides). He discussed the benefits, the history of trail planning, the implementation strategy used to date, problems encountered with development and the future direction the Department plans to take. Trails provide many different opportunities, not just equestrian use. The authority for trails is provided through the Trails Element of the General Plan originally developed in 1976. In some instances, problems have been encountered in acquiring the necessary right-of-way. One uncooperative property owner can destroy the entire trail system. Twenty-seven miles of trails have been developed out of the 58 miles originally contemplated or 47 percent - 20 miles of regional trails, 4 miles of backbone trails and 3 miles of feeder trails.- A problem area in establishing trails is the area west of 207 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. Canyon Rim Road from the Mohler Drive area westerly where there are gaps in the existing trail system with encroachments on dedicated but undeveloped trail rights-of-way acquired prior to 1981. (The slides illustrated some of the encroachments occurring on the trail). Some developers object to dedicating trails as well as some homeowners for a variety of reasons. It is a matter of law that the trails be implemented. That is why the Trails Element became a General Plan Element. If not, those who have already put them in are burdened unduly. The only alternative to not having a fragmented trail system is to use condemnation but it is a highly unpopular approach. The department is presently working on revising the Trail Element to the General Plan. He then briefed the riding and hiking trails Master Plan Map which was submitted to the Council for the workshop (made a part of the record). Instead of 58 miles, there are now 53 miles of trails. The revised Trail Element will be presented to the Council in May. The continued strategy of implementing trials is on an opportunity basis. The Department is not proposing condemnation, but want to keep that option open. Trails have been a very integral and desirable part of the development of the hill and canyon area. At the conclusion of Mr. Jarvi's presentation, Council Members posed questions which were answered by both Mr. Jarvi and Dick Mayer, Park Planner. Questions were also raised relative to Deer Canyon, the statue of discussions with the Presley Company, and the access to Santa Aha Canyon Road all relating to Deer Canyon, etc. Mayor Hunter thanked Mr. Jarvi and the Department for the excellent presentation. . . REQUEST FOR CLOSED SESSION..'.. City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9 (a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. City of Anaheim vs. Ertzen, et al - S.B.S.C. Case No. 246402. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9 (b) (1). e. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. Council Member Simpson moved to recess to Closed Session, Council Member Hunter seconded the motion. MOTION CARRIED. (3: 37 p.m. ) 208 City Hallt Anaheimt California - COUNCIL MINUTES - MARCH 24t 1992 - 5:00 P.H:. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:26 p.m.) INVOCATION=. Minister Harvey Stow, Church of Christ, gave the invocation. FLAG SALUTE= Council Member Tom Daly led the assembly in the Pledge of Allegiance to the Flag. 119= P~SENTATION - CERTIFICATES OF ApPRECIATION~ Certificates of Appreciation were presented to members of the Citizens Steering Committee for assisting in the development of the Growth Management Element to the General Plan which was adopted by the Council at its meeting of March 17, 1992. Mayor Hunter and Council Members thanked and commended each of the members of the Committee who were present for the dedication and effort given over the last 18 months. The Planning Department reported that each of the members provided significant input in shaping the document which represents the City's most current expression of Growth Management Policies and is the key resource document for Growth Management concerns. 119~ D~CL_kRATION OF RECOGNITION AND CONGRATULATIONS= A Declaration of Recognition and Congratulations was unanimously adopted by the City Council and presented to Mr. Gil Luna upon his retirement from the City following 48 years of service in the Parks, Recreation and Community Services Department. Mayor Hunter and Council Members personally congratulated Mr. Luna for his long and dedicated service to the City and the citizens. Mayor Hunter stated that in his recollection, Mr. Luna's 48 years with the City is a record for employment longevity. Chris Jarvi, Director of Parks, Recreation and Community Services. Mr. Luna started with the City in the Parks Department in the summer of 1944 as Assistant Pool Attendant at the "plunge" in the City park. The City's population at the time was about 15,000. He (Luna) represents the best in what they think of as an Anaheim employee. Although part-time, the City is very dependent on such employees. He came up through the ranks and has held eighteen different positions with the Department. It is a record in the Department in terms of longevity for a part-time employee. He does not know if it is a record in the City. During the period of his employment, Mr. Luna received his degree and became a teacher in the Anaheim Union High School District. FINANCIAL DEMANDS AGAINST THE ClT.Y.. in the amount of $1,958,425.22 for the period ending March 20, 1992, in accordance with the 1991-92 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5: 45 p.m. ) PUBLIC COMM~NTS - AGENDA ITEMS: Mr. Jeff Kirsch addressed Agenda Item Al0 (see discussion under that item)., ITEMS OF PUBLIC INTEREST: Jeff Kirsch, 2661 W. Palais, Anaheim. He spoke relative to Utility rates and asked that the City devote more consideration to the citizens/rate payers fair rates aspect. He also asked questions relative to water rate increases, the 209 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5.-00 P.M. proposed fee by the Metropolitan Water District (MWD) of $5 per parcel and thermo energy storage rate discount approved by the Council last week. Mr. Ed Aghjayan, Public Utilities General Manager answered the questions posed on Utility rates and Mr. Ed Alario, Assistant General Manager Water Services and Warehouse explained the MWD proposal. Karen Shoener, 4421 E. Bluewater Circle, Anaheim. She and her husband have owned an apartment building at 2655 E. Park Lane north of La Palma off Miraloma for over 12 years. During that period, the area has deteriorated. She explained problems of graffiti, inoperable cars in carports, homeless people sleeping in carports and breaking into vacant apartments, etc. They have maintained their apartment building but other owners have not. They currently have three vacancies out of six and the few calls they get, when people see the area, they walk away. As an owner, they cannot sell their building because it does not show a positive cash flow. She has contacted Code Enforcement, but the only thing they respond to is graffiti. She is before the Council because she feels it is necessary to get help to see what she can do as a citizen to bring the area back to a more manageable neighborhood. Mayor Hunter asked that she leave her name with the City Manager or a Planning Director and someone from staff will contact her. Phil Knypstra. His concern is the cost of Government in general. He believes the cost of Government cannot be contained unless there is a willingness to focus on salaries and benefits which represent the largest expenditures in Government. He thereupon submitted a report he prepared entitled the City of Anaheim vs. the Anaheim Union High School District since he believes there is a big disparity between the salaries paid to the City of Anaheim and the salaries paid to those in the Anaheim Union High School District. The report was received and made a part of the record. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= On motion by Council Member Hunter, seconded by Council Member Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Hun~ar o~ar~ R~olu~£on Nos. 92R-~9 an~ 9~R-60 for a~op~ion. R~f~r to Resolution Book. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Manager. (Resolution Nos. 92R-59 and 92R-60 for adoption. ) Council Member Hunter moved to waive the reading in full of the resolutions. Council Member Pickler seconded the motion. MOTION CARRIED. Al. 156~ Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of February, 1992. 210 City Hallt Anahe!mt California - COUNCIL MINUTES - MARCH 24~ 1992 - 5:00 P.M. 117= Receiving and filing the Investment Transactions Summary for the month of February, 1992, as submitted by the City Treasurer's Office. 128= Receiving and filing the Monthly Financial Analysis for seven months ended January 31, 1992, as submitted by the Director of Finance. A2. 150= Approving a Notice of Completion of the reconstruction of Maxwell Park Ballfield by Hondo Company Inc., and authorizing the Mayor to sign and the City Clerk to file the said Notice of Completion. A3. 107= Awarding the contract to the lowest and best responsible bidder, American Demolition, Inc., the amount of $67,490 for Phoenix Club building demolition and asbestos removal~ and in the event said iow bidder fails to comply with the terms of the award, awarding the contract to the second iow bidder, as well as waiving any irregularities in the bids of both the Iow and second iow bidders. Council Member Pickler voted no. A4. 123: Authorizing a Third Amendment to Agreement with Montgomery Elevator Company, Moline, Illinois, for providing maintenance services in three (3) Civic Center elevators for the period from April 1, 1992 through October 31, 1992 with month to month renewable options for an additional six months. AS. 123: Approving a Reimbursement Agreement with Kaufman and Broad of Southern California for electrical underground conduits, substructures, and an electrical substation site within the Bauer Ranch Development. A6. 175= R~_SOLUTION NO. 92R-59= RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $6,400,000 WATER REVENUE BONDS, 1992 SERIES, OF THE CITY~ PROVIDING THE TERMS AND CONDITIONS OF SUCH BONDS~ APPROVING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT IN CONNECTION THEREWITH~ APPOINTING A PAYING AGENT~ AND AUTHORIZING OFFICERS OF THE CITY TO DO ALL THINGS NECESSARY OR ADVISABLE THEREOF. 137: RESOLUTION NO. 92R-60: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ACCEPTING A BID FOR THE PURCHASE OF ITS NOT TO EXCEED $6,400,000 WATER REVENUE BONDS, 1992 SERIES~ REJECTING ALL OTHER BIDS~ APPROVING THE FORM OF THE OFFICIAL STATEMENT~ AND TAKING CERTAIN RELATED ACTION. 123: Approving the execution of the Escrow Agreement with Bank of America National Trust and Savings Association, as Escrow Agent. ' Submitted was report dated March 18, 1992 from the Public Utilities General Manager, Ed Aghjayan re¢ommen~£ng the su~e~ au~h~~a~n and r~lat~d actions. Bids were received for the refunding of approximately $5,680,000 of the 1980 Water Bonds at 9:00 a.m.' this morning. Merrill Lynch submitted the lowest of the eight bids received at a true interest cost of 5.905%. (See report submitted dated March 24, 1992 from the Public Utilities General Manager giving a summary of the bids received - made a part of the record. ) A7. 185: Determining that RAR Anaheim Partners, L.P. (Central Park Towers), has complied in good faith with the terms and conditions of Development Agreement No. 90-02 for the 1991-1992 period under review. 211 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. AS. 123: Approving the waiver of liquidated damages as provided in Settlement Agreement and Mutual Release with Environmental Seal and Security Inc., for the period January I through February 28, 1992. A9. 123: Approving a First Amendment to Agreement with OMNI/Lynton Enterprises, Inc., dba OMNI Telecommunications Company, in an amount not to exceed $90,190.17 for cabling network Change Orders on the Police 2000 Project. This item was continued to the meeting of April 7, 1992 as requested by staff. Al0. 171: Approving the expenditure of $5,000 from the Council's future appropriations account to participate in a joint city effort to mitigate the loss of sales tax revenue resulting from the Aerospace Decision (Aerospace Corporation v. State Board of Equalization). Authorizing the City Manager to execute the participation document contained in Attachment I. Jeff Kirsch, 2661 W. Palais, Anaheim. He questioned if the City's present financial condition can support the expenditures of taking a lead role in trying to reverse the effects of the subject lawsuit. Roll Call Vote on Resolution Nos. 92R-59 and 92R-60 for adoption: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 92R-59 and 92R-60 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. All. 156: POLICE STAFFING ENHANCEMENT PROPOSAL: Report from the City Manager concerning Police staffing enhancement and possible action thereon. The report was requested by the City Council at the meeting of March 17, 1992. City Manager James Ruth. The Police Chief is present to give an overview of the recommendations. Submitted was report dated March 24, 1992 to the City Council from the City Manager - Subject: Enhancement of Drug and Gang Prevention Efforts (made a part of the record) recommending the following: modifications to the Anaheim Municipal Code to increase the Transient Occupancy Tax (TOT) from 11.6 percent to 13.0 percent. Approve, in concept, the allocation of 0.4 percent of this TOT increase to enhance the City' s Police Department' s abilities to combat drugs and gangs in the community; and Approve, in concept, the allocation of 1.0 percent of this TOT increase to a capital account for improvements to the Commercial Recreation Area and to the Convention Center. 212 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M, The report contained Attachments A through D, & - Police Staffing Enhancement Proposals; B - Parks, Recreation and Community Services proposed programs to assist in combating gangs and drugs; C- Ten year Police staffing by sworn and nonsworn positions (1980/81 - 1991/92); D- Bilingual pay comparisons. Police Chief Molloy. He briefed the Police Staffing Enhancement Proposal as set forth in Attachment A of the subject report. The proposal appears to be the best expenditure of new money and allow the building of a plan that is pro-active rather than re-active. The main components of the plan are: The addition of one (1) Community Action Policing Team consisting of one (1) Sergeant and four (4) officers added to the existing team; the civilianization of the Forensic Services Detail; a vertical prosecution unit will be established in the Special Operations Division attached to the gang detail. "All of the enhanced positions and the proposed civilianization of the Forensic Services Detail are intended to link together to form a complete approach to the spiraling gangs/drug problem." Council Members then posed questions relative to the proposal which were answered by Chief Molloy. Council Member Daly thanked the City Manager and Police Chief for a very well done report and for providing answers to the questions he asked at the previous meeting. Council Member Ehrle. For the benefit of the public, with the new allocation of funds to be put into the plan, he asked the Police Chief to give an idea in terms of Police Officers, how many officers will be doing police work. Police Chief Molloy. There will be an additional five people assigned to the CAP Team, two gang investigators, one new money and one reassigned to the gang, another investigator from Forensic Services assigned to juvenile, two to be reassigned back to theft and auto burglary where the other two individuals were taken out and assign the third one to the crimes person side where it would be an addition to either the assault team or to the robbery/homicide detail. It is actually six new positions, but a total reallocation of eleven with new and reallocated positions. City Manager Ruth then clarified that with the Three-Twelve Plan, it is the equivalent of thirteen additional Police Officers during high crime periods that can be reallocated. MOTION~ Council Member Pickler moved to (1) Direct the city Attorney to prepare the necessary modifications to the Anaheim Municipal Code to increase the Transient Occupancy Tax (TOT) from 11.6% to 13%, (2) Approving in concept the allocation of .4% of the Transient Occupancy Tax increase to enhance the City's Police Departments ability to combat drugs and gangs in the community and, (3) Approve in concept the allocation of 1.0% of the Transient Occupancy Tax increase to a Capital Account for improvements to the commercial- recreation area and the Convention Center. Council Member Ehrle seconded the motion. MOTION CARRIED UNANIMOUSLY. ITEMS B1 - B4 FROM T_~T~ ZONING ~MINIsTRATOR M~ETING OF MARCH 5, 1992 - DECISION DATE: MARCH 12, 1992, INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 27, 1992 ..-. B1. 179: V.ARIANCE NO. 4171, CATEGORIC_ALLY EXEMPT, CLASS 5: 213 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. OWNER: ANTONIO CAMPOS, 709 N. Pauline Street, Anaheim, CA 92805. LOCATION: 709 N.Pauline Street. Property is approximately 0.12 acre, having frontage of approximately 48 feet on the west side of Pauline Street approximately 125 feet north of the centerline of Wilhemina Street. Waiver of (a) maximum lot coverage and (b) minimum open space requirement to construct a 1,626 square foot addition to an existing single-family residence. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4171 APPROVED in part, denying Waiver A (ZA92-11). B2. 179: VARIANCE NO. 4172, CATEGORICALLy EXEMPT, CLASS 11: OWNER: ANAHEIM HILLS MEDICAL DEVELOPMENT COMPANY, P.O. Box 17177, Anaheim Hills, CA 92817. AGENT: CONTINENTAL SIGNS, 7541 Santa Rita Circle "D", Stanton, CA 90680, ATTN: Nancy Gemaehlich LOCATIONs 500 S. Anaheim Hills Road. Property is approximately 5.14 acres located at the southeast corner of Anaheim Hills Road and Nohl Ranch Road. Waiver of maximum sign area and permitted identification to construct a 54 square-foot freestanding monument sign. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4172 APPROVED (ZA92-12). B3. 179: VARIANCE NO. 4173, CATEGORICALLY EXEMPT, CLASS 11: OWNER: ROD FRASER ENTERPRISES, INC., 1320 N. Manzanita Street, Orange, CA 92667. AGENT: SIGN CITY, 1030 W. Collins, Orange, CA 92667 - Attn: Dave Richman LOCATIONs 5665 E. Santa Canyon Road. Property is approximately 5.0 acres located at the northwest corner of Santa Aha Canyon Road and Imperial Highway. Waiver of maximum number of permitted wall signs to construct a 56 square-foot wall sign. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4173 APPROVED (ZA92-13). B4. 179: VARIANCE NO. 4170, CATEGORICALLY EXEMPT, CLASS 11: OWNER: JAMES W. DAVIDSON & LORRAINE F. DAVIDSON, 423 Primrose, Anaheim, CA 92804. LOCATION~ 423 Primrose Street. Property is approximately 0.17 acre, having a frontage of approximately 74 feet on the west side of Primrose Street and being located approximately 580 feet north of the centerline of Orange Avenue. Waiver of minimum structural setbacks to retain a patio cover and a storage room. ACTION TAKEN BY THE ZONING ADMINIsTRATQR= Variance No. 4170 APPROVED (ZA92-14). 214 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5'.00 P.M. Council Member Daly noted there was a staff recommendation against the subject items, but yet the Zoning Administrator approved each of them. He asked if there were changes to the proposals. Joel Fick, Planning Director. The Zoning Administrator can answer specifics but on behalf of the Planning staff recommendations, of the four items, three experienced totally revised plans that were submitted. On the other, .as with all four, these were addressed through additional discussion at the public hearing discovery and evidence and also added conditions by the Zoning Administrator. There were substantial changes and information on each of these items. Council Member Daly then asked specific questions relative to the items which were answered by the Zoning Administrator, Annika Santalahti. End of the Zoning Administrator Items. ITEMS B5 - B10 FROM THE PLANNING COMMISSION M~ETING OF MARCH 9, 1992, INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 31, 1992: B5. 179: WAIVER OF CODE BRQUIRFMRNT, CONDITIONAL_ USE PERMIT NO. 3489, B~CLASSIFICATION NO. 91-92-12 AND NEGATIVE DECLARATION: OWNER: Attn: Mrs. Winda (WEN-NING) KUO, I HSIUNG KUO AND SHU-CHIH LIAO/KUO FAMILY TRUST, 25683 Nellie Gall, Laguna Hills, CA 92653. AGENT: Attn: Yvonne Yao, JARARETT AND SUHARNOKOK, 5514 Wilshire Blvd., #900 Los Angeles, CA 90036. LOCATION: 1556 West Katella Avenue. Property is approximately 0.83 acre located on the south side of Katella Avenue and approximately 650 feet west of the centerline of Ninth Street. For a change in zone from RS-A-43,000 to the CL Zone. To permit a commercial retail center with waiver of maximum fence height. ACTION TA~N BY THE. P_LANNING COMMISSION: CUP NO. 3489 GRANTED (PC92-27) (7 yes votes). Reclassification No. 91-92-12 GRANTED (PC92-26). Waiver of Code Requirement APPROVED. Approved Negative Declaration. A rsvisw of the ?lan~ing ¢0~issi0~'s ~e¢isi0n was reques=e~ by counc£~ Members Daly and Pickler, and therefore, a public hearing will be scheduled at a later date. B6. 134: GENERa?- PLAN AMeNDMeNT NO. 327, B~CLASSIFICATION NO. 91-92-15. VARIANCE NO. 4175 AND NEGATIVE DECLARATION: OWNER: MARGARET L. PETER, 610 S. Sunkist St., Anaheim, CA 92806. AGENT: HCD CORP., P.O. BOX 5410, Fullerton, CA 92635. LOCATION: 610 South Sunkist Street. Property is approximately 1.08 acres located on the east side of Sunkist Street approximately 400 feet north of the centerline of South Street. Amendment to the Land Use Element of the General Plan redesignating the subject property from the existing Low-Density Residential to the Low-Medium Density Residential designation. For a change in zone from RS-A-43,000 to the RM-3000 Zone. 215 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5.'00 P.M. Waiver of maximum structural height, maximum fence height and required setback adjacent to single-family residential zone to construct a 10-unit condominium complex. ACTION TAKEN BY THE PLANNING COMMISSION: GPA NO. 327 DENIED (PC92-29) (7 yes votes). Reclassification No. 91-92-15 CONTINUED to May 4, 1992 Planning Commission Meeting. Variance No. 4175 DENIED (PC92-30). Approved Negative Declaration. B7. 179: CONDITION~AL USE PERMIT NO. 3496 AND NEGATIVE DECLARATION: OWNER: EVERETT H. MILLER AND ELMAM. MILLER, 270 Roycroft Avenue, Long Beach, CA 90803. AGENT: HANI EL HAI, 944 S. Brookhurst Street, Anaheim, CA 92804. LOCATION: 944 South Brookhurst Street. Property is approximately 0.35 acre located on the east side of Brookhurst Street approximately 200 feet north of the centerline of Ball Road. To retain and expand a convenience market. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3496 GRANTED (PC92-31) (7 yes votes). Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Pickler and Daly, and therefore, a public hearing will be scheduled at a later date. B8. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3501 AND NEGATIVE DECLARATION: OWNERS: REDONDO INVESTMENT COMPANY, P.O. Box 14478, Long Beach, CA 90803. AGENT: HARRY S. WEINROTH/HSW Associates, P.O. Box 1566, San Juan Capistrano, CA 92693. LOCATION: 6330-6396 Santa Ana Canyon Road (Anaheim Hills Shopping Village). Property is approximately 6.6 acres located at the southwest corner of Santa Ana Canyon Road and Fairmont Boulevard. To permit a semi-enclosed restaurant within an existing commercial retail center with waiver of minimum number of parking spaces. ACTION TAKEN BY THE pLANNING COMMISSION: CUP N0. 3501 GKANTED (PC92-~2) (7 yes v0~e8). Waiver of Code Requirement APPROVED. Approved Negative Declaration. B9. 179: WAIVER OF CODE RE_QUIREM~NT, CONDITIONAL USE PERMIT NO. 3497 AND NEGATIVE DECLARATION: OWNER: HANOVER REAL ESTATE ASSOCIATES, 1350 E. Katella Avenue, Anaheim, CA 92805. AGENT: JAMES G. PILCHER, 5045 Marshburn Circle, Yorba Linda, CA 92686; ANTHONY HERNANDEZ AND LELAND BERGSTROM, 1313 P Street, ~205, Fresno, CA 93721. LOCATION: 1305 Gene Autry Way. Property is approximately 4.8 acres located on the north side of Gene Autry Way (formerly Pacifico Ave.) approximately 1150 feet west of the centerline of State College Boulevard. To permit a non-industrial training center for hotel/apartment management with waiver of minimum number of parking spaces. 216 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3497 GRANTED (PC92-33) (7 yes votes). Waiver of Code Requirement APPROVED. Approved Negative Declaration. B10. 179: R~C_LASSIFICATION NO. 91-92-14 AND NEGATIVE DECLARATION: OWNER: Dorothy Lillian Brunson, 1840 41st. Avenue, Ste., 102-204, Capitola, CA 95010. LOCATION: 2970 W. Lincoln Avenue. Property is approximately 5.11 acres, located at the southeast corner of Lincoln Avenue and Beach Boulevard. A City-initiated reclassification from the CH to the CL (Commercial Limited) Zone. ACTION TAK~_N BY THE PLANNING COMMISSION: Reclassification No. 91-92-14 GRANTED (PC92-34) (7 yes votes). Approved Negative Declaration End of the Planning Commission Items. Bll. 179: R~_QUEST FOR EXTENSION OF TIME - VARIANCE NO. 3746: Requested by Jeffrey L. Farano, Attorney, Farano and Kieviet, 100 S. Anaheim Blvd., Suite 340, Anaheim, CA 92805. The property is located at 1925 West Lincoln Avenue. The petitioner is requesting an extension of time to expire April 5, 1993. Variance No. 3746 is to permit construction of a 184-unit, 38-foot high, 2- to 4-story apartment complex with waiver of maximum fence height, maximum structural height and minimum distance between buildings. Submitted was report dated March 17, 1992 from the Zoning Administrator, Annika Santalahti recommending that the Council deny the requested time extension for the reasons listed on pages 3 and 4 of the March 17, 1992 staff report. It was determined that this item would be acted upon in conjunction with public hearing Item D2 on today's agenda (see public hearing this date). At the conclusion of the public hearing (Re: Conditional Use Permit No. 3487), the request for extension of time on Variance No. 3746 was denied. (See discussion under public hearing Item D2. ) B12. 179: REOUEST FOR EXTENSION OF TIME - VARIANCE NO. 4115 - (BROOKHOLLOW APARTMENTS }: Requested by Ben Ortega, Orange Coast Group, Inc., 3020 Old Ranch Parkway, Suite 405, Seal Beach, CA 90740-2751. The property is located at the northeast corner of Crescent Avenue and Br00khurst Street, between Gramercy Street and Crescent Avenue, and Brookhurst Street and Valley Street containing approximately 5.6 acres. The petitioner requests an extension of time to expire June 4, 1993 to comply with the conditions of approval. Variance No. 4115 is for waivers of minimum number of parking spaces, maximum structural height and required elevators to construct a 124-unit "affordable" 2 and 3-story apartment complex. Submitted was report dated March 10, 1992 from the Zoning Administrator, Annika Santalahti recommending that the Council grant the time extension on the subject to expire June 4, 1993. 217 City Hall. Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. MOTION.-.. Council Member Hunter moved to approve the requested extension of time on Variance No. 4115 to expire on June 4, 1993. Council Member Ehrle seconded the motion. MOTION CARRIED. B13. 179: ORDINANCE NO. 5291 FOR ADOPTION: WAIVER OF READING -ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5291) Council Member Daly moved to waive the reading in full of the ordinance. Council Member Hunter seconded the motion. MOTION CARRIED. Council Member Daly offered Ordinance No. 5291 for adoption, amending Title 18 to rezone property under Reclassification No. 70-71-47(39) located at the southwest corner of La Palma Avenue and White Star Avenue, from the RS-A- 43,000 zone to the ML zone. Refer to Ordinance Book. ORDINANCE NO. 5291: 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. 70-71-47(39) located at the southwest corner of La Palma Avenue and White Star Avenue, from the RS-A-43,000 zone to the ML zone. ) Roll Call Vote on Ordinance No. 5291 for adoption~ AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT= COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5291 duly passed and adopted. ITEM 6-B FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 10, 1992: REPORT AND RECOMMENDATION ITEM: B14. 179: PROPOSED CODE AMENDMENT PERTAINING TO ATTACHED OR SEMI-ATTACHED ONE-FAMILY DWELLINGS BEING pERMITTED IN THE RM-1200 ZONE SUBJECT TO RM-2400 CODE REQUIREMENTS: The Planning Commission at their meeting of February 10, 1992 approved the proposed code amendment by a 7-0 vote and directed the City Attorney's Office to prepare a draft ordinance for consideration by the City Council. Council Member Daly offered Ordinance No. 5292 for first reading. ORDINANCE NO. .5292 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION .045 TO SECTION 18.34.050 OF CHAPTER 18.34 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ITEM B15 FROM THE PLANNING COMMISSION MEETING OF MARCH 23, 1992, INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 2, 1992: B15. 170: TENTATIVE TRACT MAP NO. 14071 (Revision No. 1), SITE PLAN APPROVAL AND NEGATIVE DECLARATION: OWNER: The Baldwin Companies, Attn: Jeff Warmoth, 16811 Hale Ave., Irvine, CA 92714. 218 City Hallt Anaheimt California - COUNCIL MINUTES - MARCH 24~ 1992 - 5:00 P.M. LOCATIONs Property is approximately 54.6 acres which comprise a portion of the 591-acre The Summit of Anaheim Hills Specific Plan No. (SP88-2), and is bounded on the north by the Sycamore Canyon Specific Plan Development, to the east by Development Area 107 of The Summit of Anaheim Hills, to the south by Development Areas 104 and 208 of The Summit of Anaheim Hills, and the west by Development Area 103 of The Summit of Anaheim Hills, and further described as Development Area 202 of The Summit of Anaheim Hills Specific Plan (SP 88-2). Petitioner requests approval of Revision No. I to Tentative Tract Map No. 14071 to establish a 26-1ot (including 14 lettered lots), 273-unit condominium complex (previously approved for a 290-unit apartment complex) and including a previously-approved 13.8 acre park site on the northern portion of the proposed tract. Petitioner further requests site plan review and approval. ACTION TA~_~N BY THE PLANNING COMMISSION= Tentative Tract map No. 14071 (Revision No. 1) APPROVED (6 yes votes, 1 absent ). Approved Negative Declaration. Cl. 108: HEARING - ANAM_~IM HILTON HOTEL AND TOWERS - TRANSIENT OCCUPANCY TAX: The petitioner is appealing the decision of the hearing officer which was rendered on August 15, 1991 in connection with the Transient Occupancy Tax (TOT) audit report. The hearing officer determined that the operator (Anaheim Hilton Hotel and Towers - AHHT) remit to the City for the audit period - $136,749.54 in tax, $37,372.31 in interest to the date of the assessment and $65,319.14 in penalty to the date of the assessment, plus additional interest and penalties as provided in the ordinance to date of payment. These amounts were later revised as a result of additional information provided regarding the quantities of packages sold and a revised audit report prepared. The revised net amount to the City is $213,815.59 - $123,077.47, tax - $32,311.31, interest - $58,426.81, penalty. (See documents submitted by staff which contained Exhibit A - Determination by Hearing Officer and Notice to Operator, and Exhibit B - Audit No. 90000 (revised) of Anaheim Hilton Hotel and Towers - revision dated December 2, 1991 - made a part of the record). City Attorney, Jack White. This is the time and place fixed for the appeal on the Anaheim Hilton Hotel and Towers regarding the decision of the City Hearing Officer, Honorable Norman R. Dowds, finding and determining that additional TOT is due to the City by the hotel operator for the audit period August 1, 1987 through August 31, 1990. The City Council has received the following ~'.~uments regarding this matter which shall be deemed part o£ the record o~ - night's hearing and hereby received into evidence unless there is objection by either party: Exhibit A - Determination of the Hearing Officer and Notice to Operator dated August 15, 1991 including Exhibits 1 through 7, Exhibits lettered A and B and Exhibits labeled I & II attach thereto. Exhibit B - Cover of memorandum dated December 2, 1991 from William H. Smith to James D. Ruth and the revised audit report for the Anaheim Hilton Hotel and Towers for the audit period of August 1, 1987 through August 31, 1990 which report is dated January 9, 1991, revised December 2, 1991. 219 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. Exhibit C - Letter of Appeal of Decision of the Hearing Officer dated August 22, 1991 from Vince Shroff to Lee Sohl, City Clerk. Exhibit D - Is letter dated March 16, 1992 from Vince Shroff to Malcolm E. Slaughter, Deputy City Attorney and copied to the City Council and City Clerk together with Exhibits A and B attached thereto. Exhibit E - Is staff report dated March 24, 1992 from Mary E. Turner, City Treasurer to the City Council with attachment thereto. Additional documents may be offered into evidence and if so, will be appropriately marked for identification at that time. Section 2.12.070 of the Anaheim Municipal Code provides that a rebuttable presumption exists at this hearing that the amount of the tax, interest and penalties as determined by the Hearing Officer is correct and the burden of proof on such issues at tonight's hearing shall be upon the Hotel Operator. It would first be in order to open the hearing and call upon the City Treasurer for her staff report and then a representative of the Hotel Operator to present the hotels position and finally upon the City Treasurer and other representatives of the City to present additional evidence and closing arguments. The hearing will then be closed and the Council will ask questions of speakers or representatives before making a decision. SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. City Attorney White. Exhibits A and B were given to the Council in a separate package. Exhibits C, D and E are included in the City Council notebooks. Mary Turner, City Treasurer. She first briefed the history of the Transient Occupancy Tax Ordinance from 1977 requiring hotel operators to separately state the amount of room charge and tax on all receipts and records and subsequent amendments which gave operators three options on how the tax would be treated with regard to special packages which she explained. Hotel/motel operators participated in the discussions leading up to the adoption of the amendments to the ordinance with the Anaheim Hilton Hotel and Towers being one of the participants. The hotel made no objections during the drafting or final adoption of the ordinance. She then briefed portions of her report dated March 24, 1992 - made a Dart of the record. In concluding her presentation, Mrs. Turner stated that the amount imposed by the hearing officer including interest and penalties due as of today's date has been revised downward by the City Auditors to a total of $243,026.77, of which $233,023.98 relates to special packages and $10,002.79 relates to the disallowed tax exemption. Mayor Hunter opened the hearing and asked to hear from the representatives of the Anaheim Hilton Hotel and Towers, the appellants. Mr. Warner McLean, Vice President of Tax, Hilton Hotels Corporation. He explained that Mr. Vince Shroff will make the presentation. During the same 220 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. period the City is saying that the Hilton owes $123,000 in TOT, Hilton collected over $10,000,000 in occupancy tax for the City. The $123,000 is the result of a dispute in the interpretation of the ordinance and not that they take their collection responsibility lightly. Mr. Vince Shroff, Director of International Taxes, Hilton Hotels. He first submitted an outline of his presentation entitled, "Transient Occupancy Tax Hearing of Appeal - Re: Anaheim Hilton Hotel and Towers (Hilton) containing Exhibits A through D". City Attorney White received the Exhibit which will be marked as Exhibit F (copies were submitted to each Council Member). Mr. Vince Shroff. He then briefed and/or read from the documentation submitted. Hilton feels that the Hearing Officer relied solely upon the interpretation of the City Attorney which they do not agree with because it goes contrary to the provisions of the ordinance. They did not get into the issues of the intent of the ordinance before the hearing officer. Mayor Hunter interjected and asked that Mr. Shroff's presentation focus in on the penalty phase particularly Page 9 of the judges decision which goes to the intent of the ordinance. The Council has a great deal of documentation on the issue and is aware of the whole situation. Vince Shroff. The tax is on the hotel guests and not the operator. Hilton would not do anything where they would end up paying taxes out of their own pocket. They are comfortable in interpreting the ordinance that they are paying the right amount of TOT. Exhibit B in the documents he submitted explains the issue concisely. He first clarified for Council Member Ehrle that the special packages were not filed with the City as requested, their position being they could not file the packages because of the way the provision was written in the ordinance. Referring to Hilton Exhibit B, it showed a representative package and on the left side showed the computation used by Hilton in its filing. He briefed the figures contained therein concluding that because of its typical fact situation, it could not fall into the provision of filing a package with the City which would comply with the requirements of filing as stated in the ordinance as follows: The amount allocated to the room, $75.50, the City said they could not allocate that but have to allocate 50% of the maximum double occupancy room rate. The room rate can be no lower than the 50% of the double occupancy room rate. If they collected $93 and 50% of the double occupancy rate is $162, he questioned how they could comply. That is why they did not file the package. Council Member Pickler interjected and asked staff to reply relative to the comments regarding the packages. Mary Turner, City Treasurer. The Hilton could have filed the package with the City's Treasurer Office for non-compliance. It reverts back to the posted room rate on the back of the hotel room door. Susan Grabemeyer-Grande, Management Auditor. The Hilton could have separated the room and tax and their breakfast coupons on their receipt to their guest. They chose not to do that which would have met the City's requirements. Council Member Pickler then posed a series of questions which were answered by both Mr. Shroff and Mr. McLean. Subsequently, Mr. Shroff continued with his extensive presentation covering the balance of the items listed in his outline (Item I through VII) and which were documented in the attachments thereto. 221 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. Occupancy Tax is a tax on the hotel guests. Hilton would not have the use of any money. It is unfair to charge them interest. Regarding the penalty, about $58,000 is based on the City Audit Report. Non-compliance is about 1% of the total taxes paid. When Hilton read the ordinance, they felt they were reading it correctly. If a provision of the ordinance did not apply, and it is a complicated ordinance, their view was to do the right thing. If they were not clear relative to the provisions of the ordinance, they determined to look at the intent, look at the packages and then break down from the packages what was food, what was Disney and then allocate the balance to the rate. They felt if they did that, they would always allocate an amount of rate equal to the fair amount of value to the room and thus would be paying the proper amount of Occupancy Tax. They feel they have complied with the intent. In the City Attorney's opinion where he would like them to pay tax on the $93 means they would be treated worse than somebody trying to cheat the City and pay two types of taxes. They believe their interpretation is better and is not contrary ~o the ordinance. The City Attorney's interpretation is contrary to a definitional section in the ordinance which defines rent and goes against Paragraph I and 2. He hopes the Council Members will treat taxpayers who have been conscientious and have done whatever possible to comply with the ordinance by not burdening them in paying the tax. City Treasurer, Mary Turner. Relative to the $700,000 audit, that was a preliminary finding and not an audit. That figure was downsized as a result of additional material they were able to use. It is an irrelevant figure. The fair market value of the room is not in accordance with the ordinance. If the package is 50% more than the posted room rate on the back of the door, it is necessary to take 50% of the back of the door rate. She then read a prepared statement emphasizing that the operator could have complied with the ordinance, but chose not to for its own business or public relations reasons. The Hilton could have separately stated room rate and tax on all receipts and records for special packages and chose not to that. They chose not to file special packages with her office nor has she received a package to date. Even if the room tax included by the operator were less than 50% of the maximum double occupancy rate for the rooms as posted in each room, the operator could have revised the posted room rate and complied with the requirements of the ordinance but again, the Hilton chose not to do that. Imposing the tax is necessary to uphold the integrity of the ordinance and avoid sending a message to other operators that provisions of the ordinance can be ignored without consequence. Questions were then posed for purposes of clarification by Council Member Simpson which were answered both by the City Attorney and City Treasurer. At the conclusion, Council Member Simpson asked that the issue be reduced to its simplest terms - if the Hilton had changed the stated rate on the back of the hotel room doors, he surmised they would not be present today; City Attorney White confirmed that was correct, or if Hilton filed as they are doing now the room charges and the tax on all receipts, either way they would not be here. Vince Shroff. On the room rate that is posted, the low range is very low and the high range is very high. They do not want to have to change the room rate every day on the back of the doors. They are now complying with the ordinance by taking the total package amount and treating it all as rent. They cannot go to the trouble of breaking it down. It is not an easy problem to fix. They did file a package breakdown with the City after the audit, but were informed that their package filing was not proper. It is incorrect to say they did not file. Lastly, Hilton would like an answer to the question - although they did not file the package breakdown, did they pay the right amount of Occupancy Tax, yes or no. 222 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. Mayor Hunter declared the hearing closed. Council Members then gave their input and comments concluding as follows: Council Member Ehrle.- He agrees with the Hearing Officer that Hilton does owe the money but that the penalty is something the Council could reconsider or impose a lesser penalty. He (Ehrle) feels the interest is due to the City. He supports the Hearing Officer's decision with some consideration to be given relative to the penalty. Mayor Hunter. The Hearing Officer is a retired superior court judge who submitted a ten-page written opinion. In the future, he feels the Hearing Officer's decision should be binding. He quoted several statements made by the Hearing Officer particularly, "...the Hearing Officer recommends, in the event of an appeal from this decision, that the City Council give honest consideration to waiving the penalty or some part thereof." He is inclined to go along with the judge and waive the penalty portion but not the $123,000 figure plus interest. City Treasurer, Turner clarified the amounts as follows up through today: Tax, $123,077.47- Interest, $58,410.49- Penalty, $61,538.81 Totaling $243,026.77 Council Member Pickler. The judge upheld the $123,000 figure. The Council has not waived the penalty and interest in the past. Hilton was aware of the ordinance and could have approached the City with their problem. If the penalty is waived in this case, it is not fair to those who have had to pay that penalty in the past. City Treasurer, Turner. She clarified for Council Member Ehrle that a late payment penalty has been waived in the past, but to her knowledge the penalty has not been waived on an audit finding. Gary Hunui, Senior Management Auditor. An item was brought before the Council on the issue of packages by the Pan Pacific Hotel. They also asked for a waiver of the penalty and it was denied. The only recollection he has of waiver of a penalty by the Council was probably five or six years ago on the Marriott for a totally different issue. Council Member Simpson. Each case should be considered on its own merit and not what has been done in the past. He agrees with the Hearing Officer when he stated, "The Hearing Officer is convinced that the operator, however, unwisely acte~ in good faith and that its ~ro~osed allocation of the ~acka~e charge between room rent and other charges is not an un~easonable one." He does not think there was any intent on the part of the Hilton to deprive the City of its rightful share of Transient Occupancy Tax. He has difficulty in assessing penalties. Penalties should be assessed as a measure to punish or penalize. He thought the ordinance was to the point where it was very clear. It was so complex at the time he was hearing cases when he was the City Manager, but is now hearing the same kind of confusion. He hopes that the entire jurisdiction for the process gets taken away from the Council or that the ordinance is one that someone can interpret and understand. He will support denying the penalty portion. MOTION~ Council Member Hunter moved that the determination of the Hearing Officer dated August 15, 1991, be confirmed and the findings and determinations contained therein be adopted as the findings and determinations 223 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. of the City Council in this matter with the following exceptions and revisions: the amount of the tax due shall be $123,077.47; interest to this date shall be an additional $58,410.49 and shall continue to accrue at the rate of one and one-half percent _Der month until the date of payment; and that the amount of penalty shall be waived in its entirety based upon a finding that such waiver is necessary to avoid a substantial injustice to the operator for the reasons set forth in the determination of the Hearing Officer. Council Member Simpson seconded. Before a vote was taken, Council Member Daly stated that the City Treasurer in collecting the taxes is the City's Banker. He feels they should not be waiving penalties because they are the banker. After additional discussion and comments between Council Members where opposing views were expressed relative to the penalty, a vote was then taken on the foregoing motion and failed to carry by the following vote: AYES: Simpson and Hunter NOES: Ehrle, Pickler and Daly ABSENT: None MOTION! Council Member Pickler moved that the determination of the Hearing Officer dated August 15, 1991, be confirmed and the findings and determinations contained therein be adopted as the findings and determinations of the City Council in this matter with the following exceptions and revisions: the amount of the tax due shall be $123,077.47; interest to this date shall be an additional $58,410.49 and shall continue to accrue at the rate of one and one-half percent per month until the date of payment; and the amount of the penalty shall be $61,538.81; for a total due today of $243,026.77. Council Member Ehrle seconded the motion. The motion carried by the following vote: AYES: Ehrle, Pickler and Daly NOES: Simpson and Hunter ABSENT .- None RECESS..'. By General Consent the Council recessed for ten minutes. (7:55 p.m. ) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (8:07 p.m. ) SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D1. 179: PUBLIC HEARING - R~_CLASSIFICATION NO. 66-67-31 - AMEND CONDITIONS OF APPROVAL: REQUESTED BY: David L. Tsoong, M.D., Anaheim Harbor Medical Group, Inc., 230 S. Euclid, Anaheim, CA 92802. LOCATION/REQUEST~ The property is located at 710 North Euclid Street. The petitioner requests amendment to conditions of approval adopted in connection with Resolution No. 66R-741 and Ordinance No. 2340. Reclassification No. 66-67-31 is for a change in zone from RS-A-43,000 to CL. 224 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin- March 12, 1992 Mailing to property owners within 30 feet - March 11, 1992 Posting of property- March 13, 1992 The City Clerk announced that staff requests a continuance of the public hearing to Tuesday, April 7, 1992. Mayor Hunter asked if anybody was present who was opposed to the requested continuance; there was no response. MOTION: Council Member Hunter moved to continue public hearing on Reclassification No. 66-67-31 request to amend conditions of approval to Tuesday, April 7, 1992. Council Member Ehrle seconded the motion. MOTION CARRIED. D2. 179: PUBLIC HEARING - WAIVER OF CODE R~QUIR~_MENT, CONDITIONAL USE PERMIT NO. 3487 AND MITIGATED NEGATIVE DECLARATION:. OWNER: Habitat I, 1875 Century Park East, Suite 1880, L.A., CA 90067. AGENT: Farano and Kieviet, 100 S. Anaheim Blvd., Ste. $340, Anaheim, CA 92805. LOCATION/REQUEST: The property is located at 1925 West Lincoln Avenue and is approximately 5.7 acres located at the northwest corner of Lincoln Avenue and Muller Street. To permit a "mixed use" project consisting of a 2- and 4-story, 184-unit, "deck type" apartment complex and 10,000 square feet of ground floor commercial uses with waiver of minimum number of parking spaces, minimum distance between buildings and required distance to elevators. ACTION TA~N BY T~__E P_LANNING COMMISSION: CUP NO. 3487 DENIED (PC92-17) (6 yes votes and i no vote. ) Waiver of Code Requirement DENIED (5 yes votes and 2 no votes. ) Approved Mitigated Negative Declaration (4 yes votes and 3 no votes. ) Bll. 179: R_RQUEST FOR EXTENSION OF TIME - VARIANCE NO. 3746: Requested by agent for the applicant Jeffrey L. Farano, Attorney, Farano and Kieviet, 100 S. Anaheim Blvd., Suite 340, Anaheim, CA 92805. The property is located at 1925 West Lincoln Avenue. The petitioner is requesting an extension of time on the variance to expire April 5, 1993. Variance No. 3746 is to permit construction of a 184-unit, 38-foot high, 2- to 4-story apartment complex with waiver of maximum fence height, maximum structural height and minimum distance between buildings. (Item Bll on agenda for this date. ) PUBLIC NOTICE REQUIREMENTS MET BY FOR THE PUBLIC HEARING RELATING TO CONDITIONAL USE PERMIT NO. 3487: Publication in Anaheim Bulletin - March 12, 1992 Mailing to property owners within 30 feet - March 11, 1992 Posting of property- March 13, 1992 HEARING SET ON: Appeal of the Planning Commission's decision was submitted by Farano and Kieviet agent for the applicant. STAFF INPUT: 225 City Hallr Anaheim~ California - COUNCIL MINUTES - MARCH 24r 1992 - 5=00 P.M. See Staff report dated March 17, 1992 from the Zoning Administrator, Annika Santalahti recommending that the Council deny the requested time extension on Variance No. 3746 and also staff report to the Planning Commission dated February 24, 1992 relating to Conditional Use Permit No. 3487. City Attorney White first explained that although Item Bll relative to the request for extension of time on Variance No. 3746 does not require a public hearing, he would suggest that the Council conduct the public hearing, act on that and follow that with action on Item Bll. Any comments that any parties or witnesses have regarding Item D2 or Bll can be received as part of the subject public hearing. Jeff Farano, Farano and Kieviet, 100 S. Anaheim Blvd., Attorney representing the applicant, Habitat I. He will give a history and a brief description of the project and subsequently have the architect describe the project in detail and items at issue relative to the mixed use. Larry Greet who prepared the Parking and Traffic Anaylsis will subsequently give his report. Council Member Pickler. He asked first if the project differs in any way from the project that was submitted initially in 1988. Jeff Farano. The structure of the project remains identical as approved in 1988. The only change that took place was in 1989 where the bedroom mix was changed to increase some one bedroom apartments and decrease three bedroom apartments. The project itself is what the Council saw in 1988. The only changes would be the retail parking underneath which has now been designated to be segregated for retail parking only. Council Member Ehrle asked why the project was again before the Council. Annika Santalahti, Zoning Administrator. The original proposal was only for a residential project. The developer at that time left out approximately 10,000 square feet and he indicated that it could be commercial in the future. Staff indicated it could not because the code at that time did not allow the mixed use. Tonight they are talking about the whole project. Since then, a mixed use ordinance has been adopted which includes certain types of criteria which are satisfied by the project. Subsequently, the developer is coming back at this point with a project including the commercial portion. What was approved previously was a wholly residential project with 10,000 square feet of storage/recreational space inside a building. City Attorney White. Item Bll relates to the project approved in 1988. At that time, the code did not have a requirement for a cond£tlonal use permit and did not recognize a mixed use of commercial and residential on the same property. In 1988, Variance No. 3746 (Item Bll) was approved for only the residential portion of the project with the indication that there were 10,000 square feet of ground level space being reserved for some future use. The code at that time did not allow approval of the commercial portion in conjunction with residential. The developer has not exercised that variance and it is due to expire on April 5, 1992, unless extended. Item Bll is a request to extend the previously approved variance. Item D2 is under the new ordinance section adopted that recognizes mixed uses of commercial and residential projects on the same piece of property and allows the Council by conditional use permit to approve such projects. The developer has now 226 City Hall, Anahe!_m, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. applied for a CUP. The basic difference is the 10,000 square feet on the ground floor the developer is asking to be approved as commercial in conjunction with the residential previously approved. It is actually a new CUP for the entire project. If the Council denies the CUP (Under Item D2) and yet approves the extension of time (Item Bll) the developer could still build a residential portion but not be able to build the 10,000 square feet of commercial on the ground floor. Jeff Farano. If the project was built in 1989, tonight they would only be back asking for a CUP to include the retail as a portion of an already completed project. The subject CUP request today requires that the entire project be considered as one project. The variance originally requested and approved remains the same. (He briefed the Council on what had occurred since 1989.) In 1991, the mixed use ordinance was finally adopted. In January 1990, the deck-type housing ordinance was approved. There is substantial conformance with the deck housing ordinance based on the plan submitted and reviewed under the mixed use application. The project also complies with all the requirements under the mixed use ordinance including being located on RM1200, an arterial highway, and rental fronting on a main arterial. Both under the criteria of mixed use and deck housing, the project exceeds all of the requirements. Mr. Turhorst will brief the Council on the project. Phil Turhorst, 695 Town Center Drive, Costa Mesa, Architect, McLaren and Vasquez. He described the project as he had done at previous Council meetings. The site plan is identical. The front building is the building that contains the retail fronting on Lincoln and Muller. Retail is at grade. (Mr. Turhorst's presentation was supplemented by slides. ) Relative to the reduction in parking spaces, retail has parking beneath it in the garage plus parking open all the way along the west edge of the project. There are approximately 100 open spaces to be shared between the retail and guests function of the apartments. They are asking for a variance reducing parking from 550 spaces to 505 spaces. The other waiver is distance to elevators. At the time the project was designed, the City did not have a 200-foot maximum distance to elevators. They proposed placing the elevators away from the neighbors. This project physically from the exterior is identical to the one previously approved. Some space is merely being converted from miscellaneous recreation space to retail space. Larry Greet, President, Greet and Company. He prepared the Traffic and Parking Analysis. He explained the process used in the analysis and the resulting conclusions. They made a conservative assumption that they might expect about 40% of the traffic they would normally find in the 10,000 square feet of retail uses that would be walk-in from the project and surrounding residential areas. Type of uses are going to be convenience services that will draw from the project population. It is not a regional mall concept. The other aspect is shared parking. There are 505 spaces, 92 of which will be in a residential project designated as visitor space. Retail will be open day time hours when residents are at work which leaves empty visitor spaces for use by retail customers who are driving in. Later, the retail stores are closed and residents are home with whatever visitors there might be. Using the 40% figure that would normally be required for retail or 55% would leave a 33 space parking demand for the retail portion. The surface spaces are shared- 227 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 24, 1992 - 5:00 P.M. use spaces. There will be a sharing of 23 parking spaces, 16 designated for retail at all times. It is a good mix. The variance is only an 8% parking variance for the entire project. Jeff Farano. He spoke briefly relative to the parking issue, the issue generally of apartments in Anaheim, the appropriateness of the project for the area, appropriateness of mixed use in this location, and reiterated the fact that they have complied with all the provisions of the deck housing in mixed use ordinance. Mayor Hunter asked to hear from anyone who wished to speak either in favor or in opposition. (A show of hands indicated that approximately 35 people were present in opposition to the project. ) PUBLIC DISCUSSION - IN FAVOR: None PUBLIC DISCUSSION - IN OPPOSITION: Betty McFarland, 231N. Carol Drive. The residents have attended both Planning Commission meetings in the past two months and both times the Planning Commission denied the plan. There are too many apartments in the area many of which are not rented. Traffic is heavier, schools are overcrowded. If the project were to be approved, there is still the issue of the installation of a traffic signal at Aladdin Drive and Lincoln also, if approved, she would like Diane Way red lined on both sides so that residents from the project will not park in that area. It is important to consider the people who have been leaving in the area for 40 years. Gary Andresen, 234 N. Dahlia Drive. The elementary school is year round even now. Traffic is a concern. He questioned what kind of retail is proposed and what are the hours of operation. Car alarms are a noise problem with people coming and going. There are new people living along the west wall of the project because many residents have moved. Charles Stall, 216 N. Carol Drive. This is not a residential or pedestrian area. People will be using their automobile to access the retail. In 1998, when the project was originally approved, it probably would have been absorbed very well. Much has changed in four years. The economy is sagging. There are too many units. Parking and traffic will be a problem. Jeff Kirsch, 2661 W. Palais. He shops in the area. Traffic is already difficult and will only worsen with the project and there is overcrowding of schools. Louis Andresen, 234 N. Dahlia Drive. There will be 184 apartments and ten retail units or 194 units. She questioned where employees will park. There will be at least three per unit in the ten retail units. S%FMMATION BY APPLICANTs Jeff Farano. The Planning Commission only denied the mixed use and not the apartments. The economy has affected almost any type of use. The project as originally approved only required that the traffic light be 228 City Hall~ Anaheima California - COUNCIL MINUTES - MA~.. CH 24a 1992 - 5=00 P.M. installed prior to issuance of an occupancy permit. The developer will commit to having a condition that the traffic light be installed prior to grading. They will also agree to whatever the Traffic Department agrees to relative to red lining Diane Way. The application indicates that there will be no more than ten units available for a retail. No restrictions has been placed on hours of operation. The Traffic Department has agreed to the mitigating measures on the project which the developer has also agreed to including changes in the median strip on Lincoln and Euclid and some re-striping to Lincoln to satisfy the concerns relative to traffic that would be created. COUNCIL ACTION: Mayor Hunter closed the public hearing. Council Member Ehrle. The Council does not usually have an opportunity to make a decision in reevaluating a project. Over four years, many things have changed. He has voted against this project in the past, but with compromises, he finally voted in favor. One of the overriding concerns he has is the impact the project will have on the school system as well as on other public services. They have developed a philosophy of pride of ownership moving away from apartments and towards condominiums and single-family homes. He feels the project potentially could be reworked. Staff should have an opportunity of reevaluating the property as well as the Planning Commission. He is going to vote to deny the project as it exists today. It is not the right project for 1992. Council Member Daly. He shares the same concerns and feels there is a better use for the property. There has been growing recognition that some of the neighborhoods in Anaheim have too many apartments and this is an example of such a neighborhood. They recently approved a townhome condominium project about a block away from the subject property with about half the density. The subject project is about 35 units to the acre~ about half that would be more appropriate. He agrees it is painful to see property remain vacant. Perhaps they have overlooked the site in their surveys of the City. The location is not right for the kind of density proposed. Council Member Simpson. He does not think they are reviewing a project four years later since the Council has approved a time extension twice - each of those times after the design criteria was changed. This is in substantial compliance with deck type apartments. It is not four years later but eleven months later. Council Member Pickler. The City is going to need apartments again. He believes this is one of the finest developments that is going to happen in the City. He has no problems with the mixed use but, if possible, that they have some control over what goes into the retail units and that there be limits on operating hours. This is an apartment complex to be proud of done by the finest architect in the County and perhaps the State. When the plan was proposed, he said he wanted to make certain they were going to build exactly what was shown in the plan and to get the best quality. If 86 or 96 units, he is not certain they will get that quality. There are still many people who cannot afford a condominium, a townhouse or a single-family home. This is a project they have looked at from year-to-year, not just four years ago. ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member Pickler, the City Council does hereby approve a mitigated Negative Declaration on the subject project and accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of the Public Resources Code on the basis that the Planning Commission/City 229 City Hall~ Anaheim~ California - COUNCIL MINUTES. - MARCH 24t 1992 - 5:00 P.M: Council has considered the proposal with the Mitigated Negative Declaration and accompanying Monitoring Program, together with any comments received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF _R~ADING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-61) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-61 for adoption, denying Conditional Use Permit No. 3487. Refer to Resolution Book. RESOLUTION NO. 92R-6!.'. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3487. Roll Call Vote on Resolution No. 92R-61 for adoption: AYES= COUNCIL MEMBERS.. Ehrle, Daly and Hunter NOES: COUNCIL MEMBERS: Simpson and Pickler ABSENT= COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-61 duly passed and adopted. MOTION.'. Council Member Hunter moved that the request for extension of time 'on Variance No. 3746 which is Item Bll on today's agenda be denied. Council Member Ehrle seconded the motion. Council Members Simpson and Pickler voted no. MOTION CARRIED. Mayor Hunter. He voted to deny, but agrees that the architect is a dynamic one however times have changed. The Council has made a commitment to downzone. RS2400 is probably what is appropriate for the site at this time. Council Member Pickler is correct - young families have to have that first place to live, but looking at the statistics, the west end of Anaheim has been overloaded with apartments. It is time to build apartments someplace else rather than West Anaheim. ADJOURNMENT.- Council Member Hunter moved to adjourn, Council Member Pickler seconded the motion. MOTION CARRIED. (9:13 p.m. ) No City Council meeting is scheduled for Tuesday, March 31, 1992 since no quorum is anticipated. LEONORA N. SOHL, CITY CLERK 230