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PUBLIC HEARINGS <br />*Councilmember Benavides excused himself from proceedings of Agenda Item 75A due <br />to a conflict of interest (employer has a loan with developer). He did not participate in <br />consideration of this item and left the dais at 7:15 p.m. <br />75A AMEND DEVELOPMENT AGREEMENT NO. 2004 -01 FOR THE ONE <br />BROADWAY PLAZA OFFICE TOWER - 1109 NORTH BROADWAY - ONE <br />BROADWAY PLAZA, LLC, APPLICANT — Planning and Building Agency <br />Recommended Action approved by the Planning Commission on June 14, <br />2010 by a 3 -2 vote (Acosta and Yrarrazaval opposing, Alderete and <br />Betancourt abstaining). <br />Legal Notice published in the O.C. Reporter on July 9, 2010 and notices <br />mailed on July 8, 2010. <br />The following was presented by Planning and Building Agency Executive <br />Director Jay Trevino: <br />Request of Applicant <br />Modify provisions of development agreement: <br />1. Allow ownership by joint venture partner(s) <br />2. Revise timing for payment for neighborhood traffic plans <br />3. Delete 50 percent pre -lease provision <br />4. Delete provision prohibiting the ability to request economic assistance <br />5. Extend deadline to refill excavated foundation <br />Section 4.3 — Assignment <br />Requires applicant to retain a minimum 51 percent ownership interest in <br />project <br />• Request to delete provision <br />• Allows joint venture with financial entity(s) <br />• Applicant will retain daily managerial control <br />• Awkward for cities to attempt to control ownership <br />• Provision is temporary because DA expires in 2011 (with possible <br />extension to 2013) <br />• All other provisions of Section 4.3 to remain <br />Section 5.1.1 — Offsite Mitigation Measures <br />Requires payment of funds for neighborhood traffic plans ($1.2 million) at <br />permit issuance <br />• Neighborhood traffic plans to analyze pre and post project traffic <br />impacts in six neighborhoods <br />• Payment delay will assist in obtaining project financing <br />• Studies to commence 6 months prior to occupancy <br />CITY COUNCIL MINUTES 10 <br />JULY 19, 2010 <br />