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Journal/Actions Los Angeles City Council, Journal/Council Proceedings Wednesday, September 14, 2005 John Ferraro Council Chamber, Room 340, City Hall - 10 am (For further details see Official Council Files) (For communications referred by the President see Referral Memorandum) ROLL CALL - Members present: Cardenas, Greuel, Hahn, LaBonge, Parks, Perry, Reyes, Rosendahl, Smith, Zine and President Padilla (11); Absent: Garcetti and Weiss (2). Council Districts 10 and 14 Vacant. APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF SEPTEMBER 9, 2005 COMMENDATORY RESOLUTIONS AND INTRODUCTIONS - NONE PUBLIC TESTIMONY ON NON-AGENDA ITEMS AT THE CALL OF THE CHAIR - An opportunity for public testimony was provided. ROLL CALL NUMBER (#) - INDICATES THE ORDER IN WHICH THE ITEMS WERE ACTED UPON DURING THE COUNCIL MEETING Items Noticed for Public Hearing - Items 1-8 ITEM NO. (1) - PUBLIC HEARING CLOSED - NO APPEALS - LIEN CONFIRMED Roll Call #2 - Motion (Rosendahl - Parks) Adopted, Ayes (10); Absent: Garcetti, Perry and Weiss (3) 05-1228 CD 9 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of graffiti abatement of the building(s) and the cleaning and fencing of the lot at 5869 South Figueroa Street. (lien: $2,842.20) ITEM NO. (2) - CONTINUED TO SEPTEMBER 21, 2005 Roll Call #11 - Motion (Zine - LaBonge) Adopted to Continue, Unanimous Vote (11); Absent: Garcetti and Weiss (2) 05-1237 CD 3 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings, graffiti abatement of the building(s) and the cleaning and fencing of the lot at 7432 North Beckford Avenue. (lien: $5,597.02) WEDNESDAY 09-14-05 PAGE 1 ITEM NO. (3) - PUBLIC HEARING CLOSED - APPEALS DENIED - LIEN CONFIRMED - FORTHWITH Roll Call #12 - Motion (Parks - Reyes) Adopted, Ayes (10); Absent: Garcetti, Hahn and Weiss (3) 05-1238 CD 8 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings, graffiti abatement and demolition of the building(s), asbestos removal from the building(s), monitoring of the asbestos removal and the cleaning and fencing of the lot at 1446 West 37th Drive. (lien: $36,704.50) Roll Call #2 - Motion (Rosendahl - Parks) Adopted, Ayes (10); Absent: Garcetti, Perry and Weiss (3) (Item Nos. 4-5) ITEM NO. (4) - PUBLIC HEARING CLOSED - NO APPEALS - LIEN CONFIRMED 05-1239 CD 9 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings, demolition of the building(s) and the cleaning and fencing of the lot at 353 East 64th Street. (lien: $16,923.76) ITEM NO. (5) - PUBLIC HEARING CLOSED - NO APPEALS - LIEN CONFIRMED 05-1240 CD 8 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of fencing the lot at 1217 West Martin Luther King Jr. Boulevard. (lien: $13,255.09) ITEM NO. (6) - CONTINUED TO SEPTEMBER 21, 2005 Roll Call #1 - Motion (Zine - Rosendahl) Adopted to Continue, Unanimous Vote (10); Absent: Garcetti, Perry and Weiss (3) 05-1241 CD 3 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings and the cleaning and fencing of the lot at 21180 West Lopez Street. (lien: $11,639.60) WEDNESDAY 09-14-05 PAGE 2 ITEM NO. (7) - CONTINUED TO OCTOBER 26, 2005 Roll Call #3 - Motion (Greuel - Reyes) Adopted to Continue, Unanimous Vote (10); Absent: Garcetti, Perry and Weiss (3) 05-1333 CD 2 CONTINUED CONSIDERATION OF APPEAL filed by Shadow Hills Property Owners Association (William E. Eick, Representative), from the entire determination of the Director of Planning in approving modified plans for the construction, use and maintenance of an 18-hole golf course, a 25,000 square foot clubhouse, a maintenance building and other appurtenances on a 352 acre site, subject to conditions of approval, for property at 9401 Foothill Boulevard. (According to the Director of Planning, the project was initially approved by the City Council on April 28, 1998.) CPC 96-0243 CU PA1 Applicant: Los Angeles International Golf Club, d.b.a. Angeles National Golf Club (Dwight Steinert, Representative) TIME LIMIT FILE - SEPTEMBER 14, 2005 (LAST DAY FOR COUNCIL ACTION - SEPTEMBER 14, 2005) (Continued from Council meeting of August 10, 2005) ITEM NO. (8) - MOTION ADOPTED TO APPROVE COMMITTEE REPORT RECOMMENDATIONS - SEE FOLLOWING - ORDINANCE OVER ONE WEEK TO SEPTEMBER 21, 2005 Roll Call #13 - Motion (Reyes - Perry) Adopted, Ayes (10); Absent: Garcetti, Hahn and Weiss (3) 01-1817-S6 CD 9 PUBLIC HEARING relative to a proposed Ordinance to execute an Amended and Restated Development Agreement to implement technical amendments to the development Agreement dated December 11, 2001, by and among L.A. Arena Land Company, Inc. and Flower Holding, LLC (collectively, the “Developer”) and the City of Los Angeles, as amended by that certain Amendment to Development Agreement dated December 10, 2003, to clarify the rights and obligations of the Developer and its successors, assignees and transferees; to define a process for determining satisfaction of the affordable housing and childcare requirements; and to replace the City’s lien and specific performance rights for non-public improvements with other enforcement rights as they relate to development of the Project. There is no change to the existing entitlements as proposed as part of this action. The development plan for the properties consists of 4,000,000 square feet of floor area, which includes a minimum of 1,400 hotel rooms, a minimum of 500 residential units, retail, office, entertainment, restaurant, and convention center related uses. The property involved is in an area generally bounded by Olympic Boulevard to the north, Cherry Street to the west, 11th Street to the south, and Figueroa Street to the east; and area bounded by 11th Street to the north, Figueroa Street to the west, Pico Boulevard to the south and Flower Street to the east. CPC 2000-5433 DA GPA SP SUB ZC M1 WEDNESDAY 09-14-05 PAGE 3 Applicant: L.A. Arena Land Company, Inc. and Flower Holdings, LLC TIME LIMIT FILE - OCTOBER 3, 2005 (LAST DAY FOR COUNCIL ACTION - SEPTEMBER 30, 2005) (Planning and Land Use Management Committee report to be submitted in Council) ADOPTED CATEGORICAL EXEMPTION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to an Amended and Restated Development Agreement between the Los Angeles Arena Land Company, Inc. and Flower Holdings, LLC and the City of Los Angeles. Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: 1. FIND that this action is categorically exempt from California Environmental Quality Act (CEQA) pursuant to Article II, Section 2i, of the City's Guidelines. 2. ADOPT the FINDINGS of the City Planning Commission as the Findings of the Council. 3. APPROVE the First Amendment and Restated Development Agreement, as revised in Attachment 6 to replace Section 1.3.3 in its entirety with a new Section1.3.3, entitled “Qualified Contributions to Community Partners,” as shown in Attachment A to this Committee report. 4. PRESENT and ADOPT accompanying ORDINANCE, approved by the Director of Planning on September 13, 2005, authorizing the execution of the First Amended and Restated Development Agreement to implement technical amendments to the Development Agreement dated December 11, 2001, by and among Los Angeles Arena Land Company, Inc. and Flower Holdings, LLC (collectively, the “Developer”) and the City of Los Angeles, as amended by that certain Amendment to Development Agreement dated December 10, 2003, to clarify the rights and obligations of the Developer and its successors, assignees and transferees; to define a process for determining satisfaction of the affordable housing and childcare requirements; and to replace the City’s lien and specific performance rights for non-public improvements with other enforcement rights as they relate to development of the Project. There is no change to the existing entitlements as proposed as part of this action. The development plan for the properties consists of 4,000,000 square feet of floor area, which includes a minimum of 1,400 hotel rooms, a minimum of 500 residential units, retail, office, entertainment, restaurant, and convention center related uses. The property involved is in an area generally bounded by Olympic Boulevard to the north, Cherry Street to the west, 11th Street to the south, and Figueroa Street to the east; and area bounded by 11th Street to the north, Figueroa Street to the west, Pico Boulevard to the south, and Flower Street to the east. Applicant: L.A. Arena Land Company, Inc. and Flower Holdings, LLC CPC 2000-5433 DA GPA SP SUB ZC M1 WEDNESDAY 09-14-05 PAGE 4 5. AUTHORIZE the Mayor to execute the Development Agreement on behalf of the City, subject to the approval of the City Attorney as to form and legality, and subject to the effective date of the ordinance. 6. REQUEST the City Attorney, subject to the effective date of the Ordinance, to obtain all necessary signatures needed to process the Development Agreement. 7. NOT PRESENT and ORDERED FILED the ordinance signed by the Director of Planning on September 2, 2005. Fiscal Impact Statement: The Planning Department reports that there is no General Fund impact, as administrative costs are recovered through fees. TIME LIMIT FILE - OCTOBER 3, 2005 (LAST DAY FOR COUNCIL ACTION - SEPTEMBER 30, 2005) Items for Which Public Hearings Have Been Held - Items 9-31 ITEM NO. (9) - ADOPTED - TO THE MAYOR FORTHWITH Roll Call #7 - Motion (Parks - Smith) Adopted, Ayes (11); Absent: Garcetti and Weiss (2) 05-1286 BUDGET AND FINANCE COMMITTEE REPORT relative to the selection of Mr.
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