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sr-012511-8aCity Council Meeting: January 25, 2011 Agenda Item: ~ ~'~ To: Mayor and City Council From: Eileen Fogarty, Director, Planning and Community Development Subject: Annual Development Agreement Compliance Review Recommended Action Staff recommends that the City Council: 1) Review the status of Development Agreement compliance 2) Determine good faith compliance for those that are in compliance Executive Summary This report serves as follow up to Council's May 11, 2010 and September 28. 2010 review of the status of Development Agreement compliance for each of the City's 12 projects built pursuant to a Development Agreement. Following Council's May and September reviews, seven of the 12 Development Agreement projects that have been constructed were determined to be in good faith compliance (Rand, Santa Monica College, Lantana East, Lantana South, Water Garden, Arboretum, and NME). Staff also identified five Agreements where full compliance had not yet been achieved and applicants were working with the City (Saint John's Health Center, Yahoo Center, Maguire Thomas, Paseo Del Mar, and Bayview CA Unlimited Partnership). This report addresses the status of compliance for these remaining five Agreements and also provides a summary of staff's annual compliance report review for the six properties that have DA-specified compliance report submittal dates that have occurred since the initial report to Council in May 2010 (Arboretum, Rand, Yahoo Center, Saint John's Health Center, Lantana East, and Lantana South). Based on this review, nine of the 12 Agreements are in good faith compliance; the remaining three Agreements are working closely with the City to achieve full compliance. Staff will continue its ongoing and annual revievv of compliance reports for each Agreement submitted by the developers, or successors in interest, to demonstrate good faith compliance. The next annual report to Council for all Development Agreements subject to annual compliance reporting is scheduled for January 2012. This review will include all 12 previously-constructed projects and any new Agreements where construction has commenced. 1 Background Chapter 9.48 of the Municipal Code establishes the processes and requirements for the City to enter into a Development Agreement. One of the provisions is annual review by the City Council of each approved Development Agreement to determine good faith compliance with the terms of the development agreement. Since the passage of this ordinance in 1982, 16 Development Agreements with private developers and one Development Agreement with a public entity have been enacted. Each Development Agreement contains a unique time frame, obligations, and requirements. The obligations can be one-time or ongoing; some are fees, some are actual physical improvements, and some are ongoing services. The 16 Development Agreements monitored by the Planning and Community Development Department are listed below and include four Agreements where construction has not yet commenced. Development Agreements (16) In Full Compliance (9) ;Working to Achieve !Not Yet Constructed (4) Full Compliance (3) I Compliance not required at this time Bayview CA Unlimited Partnership !Maguire Thomas .-...____ ... __-___-__. _.-_.-__.-.-_ Rantl '. Lantana East _____-_-.__ ________. ....--__-- '. Lantana South. ... _-___ ....... ............... __..__...-. .. -_-...-__-..., .. _-_.-____ ', Water Garden*' , ~, ___. National Medical Enterprise (M'rV) ; Santa Monica College Parking & Pool Paseo Del Mar '.. Saint John's Health Center ~ ~~ ~ ~ ~ ~ ~ ~ ~ '. • i ;Yahoo Center :. ', The Village.-_.____.____-____-_-__.._.__-_ i __._____.~. ... -.___-__. -..____-_ .-___.._-__. .. 'r..-_..._ ______-___._e_~_._._ _. -._.__.__._ _.__.____- .. ____._____ !. Hill Street Partners III '.. I Saint Monica's Catholic Community '. j Agensys ~---....-- ~ -------- ~'.. *Pending Council discussion regarding whether a CPI escalator applies to the public art requirement. **Agreements determined to be in full compliance in previous annual review (May and September 2010). 2 As explained in the compliance report submitted to Council on May 11 and September 28, 2010, there are also five very early Development Agreements: • Lincoln Property/Phase II of the Ocean Park Redevelopment Area • 1426 California Avenue • 2823-2825 Santa Monica Boulevard • 1040 4th Street (Dorchester) • 701 Santa Monica Boulevard In general, these early Development Agreements required certain street improvements and, in some cases, the payment of fees. For example, the Agreement for 701 Santa Monica Boulevard required the payment of an Arts and Social Service Fee and an In- Lieu Housing Fee. Such fee obligations were satisfied when the projects were completed. Thus, compliance and monitoring have not, in general, been an issue. However, in one case, the Dorchester, ongoing affordability obligations were imposed by contract and recorded against the property. The City filed a lawsuit to enforce the affordability requirements. It is being vigorously contested by two owners of deed- restricted units and that litigation is ongoing. Owners of other units are complying with deed restrictions. Discussion As noted above, following Council's May 11th and September 28th review and discussion of Development Agreement compliance, seven Agreements were determined to be in good faith compliance. Below is a summary of the status of each of the remaining issues identified in September for further follow up by staff, followed by a summary of the six Agreements-where annual compliance reports have been submitted for the current review period since July 2010, and a brief status update on new Agreements where constructed has not yet commenced. Recommend Finding of Full Compliance: Follow-Up Items Resolved As detailed more fully below, two of the five Agreements where corrective actions were previously identified by staff are now presented with a recommendation to find each in full compliance. As a result, nine of the 12 Development Agreement projects that have 3 been constructed are in full compliance. The remaining three Agreements are for Paseo Del Mar, Saint John's Health Center, and Yahoo Center. The latter two are subject to review of pending Development Agreement Amendment applications and; as discussed more fully below, are also subject to the current annual compliance review period. Bayview CA Unlimited Partnership (Sheraton Delfina) 530 Pico Boulevard Agreement Effective 6/29/1983 Expires 12/1/2022 In Full Compliance ~~ ~~ o~° This Agreement allowed for the 72,400 square foot expansion of an existing Holiday Inn hotel. The development included- the addition of 134 hotel rooms and 282 parking spaces. The hotel is currently operated by the Sheraton Delfina. Public Benefits Summary • Hiring priority to Ocean Park and Pico neighborhood residents, and then to other City residents • Job Training Program, with priority given to Santa Monica High School Students and City residents (this requirement expires in 2011) • Hotel Room Voucher Program (this requirement expired in 1996) • Free Hotel Parking with sign denoting this in parking area • Valet parking tipping prohibition with sign denoting this in parking area • Relocation of on-site, rent-controlled apartment buildings (five of these units were subsequently converted through the TORCA process) • $50,000 annual contribution to the Big Blue Bus for the Tide Shuttle operation (this requirement expires in 2011) • Six rent controlled units added to the existing building at 1920 6~h Street • Installation of public art piece approved by the Arts Commission Status of Compliance The required annual compliance report was received on February 11, 2010 and several follow-up reports were provided by the applicant since Council's initial review in May. 4 The City has worked closely with the hotel operator to ensure compliance with the following provisions identified in September as outstanding compliance issues: • Installation of public art work - In October 2010, the City's Arts Commission approved the Sheraton Delfina ownership's art work proposal in accordance with the requirement to provide works of art or craftsmanship valued at a maximum of $25,000 to be displayed in ground floor or other central public areas within or outside the hotel. Pursuant to the Development Agreement, this art obligation was required to be completed by the first day of full hotel operation in 1986. The art plan that was approved in October included a budget of $25,000 that covers the purchase of eight. works of art, consultant fees, framing, plaques, delivery and installation. In December 2010, each of the eight works of art was installed at the hotel in accordance with this approved art plan. In conjunction with the Commission's review of the proposal, an inquiry was raised to the Arts Commission regarding whether a Consumer Price Index (CPI) escalator should be applied to the original $25,000 maximum art obligation. The Development Agreement does not contain specific language regarding a CPI escalator for this requirement; application of a CPI escalator would result in increasing the hotel's original $25,000 maximum obligation and necessitate preparation of an enhanced art work plan for the hotel. • Hotel room balcony landscaping- -the applicant received Architectural Review Board (ARB) approval for the required balcony landscaping on November 1, 2010 and completed its installation, in accordance with City requirements, in early December 2010. Parking for overnight hotel guests -Staff has verified that revised signage has been installed to indicate that unlimited complimentary self-parking and complimentary day-use parking is available, and that an optional valet service is also available for a fee for overnight hotel guests upon request. Permanent signage was installed at the hotel in accordance with the timeframes established by staff in September. • Local job recruitment and hiring priority -The City will continue to monitor the hotel's compliance with Agreement hiring program provisions. The Agreement specifies a number of outreach and advertising requirements to assist in the 5 recruitment of local residents for available jobs at the hotel. The Agreement also. states that "the Project Owners' goal shall be to have City residents (particularly Neighborhood Residents) constitute not less than 80% of the Sheraton Delfina's employees...." The Agreement does not mandate that 80% of the hotel workforce be City residents; rather this percentage is identified as the property owners' goal with respect to hiring of new employees. Consequently, as noted in September 2010, the City will continue to work with hotel management over the next reporting period to assess whether this hiring goal can be feasibly achieved through more targeted local recruitment efforts, building upon the hotel's local recruitment program. It may be appropriate at the next annual compliance review to amend the Development Agreement to incorporate an enforceable alternative requirement that is consistent with the intent of the original hiring program provisions. Maguire Thomas 1733 Ocean Avenue Agreement Effective 10/18/1990 Amended/Reinstated 12/95 Expires 10/18/2045 In Full Compliance ~,~. 3~3 ''~ ~ 4114 iAb ~~5= 1133 ll: ~,a~ d(y S~CO C~ f~tG 4yE - .; 1140 ll5l This Agreement authorizes construction of a 4-story, 56 foot tall mixed-use commercial development. It allows fora 68,040 square foot building, including a maximum 5,983 square foot/250 seat restaurant and a maximum of 8,040 square feet of retail space. Three levels of subterranean parking provide 267 parking spaces. Public Benefits Summary • $250,000 contribution to the Civic Center/Oceanfront Improvement Special Fund • $403,399 Housing and Parks Impact Mitigation Fee • $820,854 Affordable Lodging Mitigation Fee 6 Status of Compliance. The required annual compliance report was received on January 14, 2010. The City has confirmed compliance with the following requirement identified in September as an outstanding compliance issue: • Public parking rates and weekend/holiday parking availability -the property owner is required to make parking available to the public on weekends and holidays and its parking rates cannot exceed the rates for the public beach, Pier, or Civic. Center parking lots/structures. In accordance with staff's compliance schedule, permanent signage identifying parking availability and accurate pricing was installed on site by September 30, 2010. Paseo Del Mar 1541 Ocean Avenue Agreement Effective 1/26/1982 Expires 10/1/2031 Working with the City to come into full compliance. ~q ~ App ~o The project consists of approximately 54,000 SF in two buildings ranging in height from 28 to 36 feet. Uses include restaurant, office, retail, and 10 units of low, median, and moderate income housing. The subterranean parking garage contains 72 spaces. Public Benefits Summary • 10deed-restricted affordable housing units at a prime oceanfront location • $75,000 Art and Social Service fee or in-kind provision of art on-site • Parking, Carpool, and Transit Incentive Program Status of Compliance The required annual compliance report was received on September 18, 2009. The following is a status of the items where staff follow-up was required: • Public art contribution -City records indicate that approximately 50% of the applicant's $75,000 public art contribution has been paid.. The property owner believes that the remainder has been satisfied with on-site art. Cultural Affairs Division staff completed their assessment and valuation of the on-site mural. As a result, the remaining public art contribution .was determined to be approximately $23,000. The City has identified the rahge of actions necessary to fulfill this remaining obligation. This could include a cash payment for the remaining obligation, the provision of additional on-site art work approved by the Cultural Affairs Division, hosting of an activity or gallery space approved by the Cultural Affairs Division, or any combination of the aforementioned options. The property owner has worked cooperatively with staff and confirmed in writing that the ownership will fulfill the remaining obligation by providing local art gallery exhibit space, subject to Cultural Affairs Division approval. The property owner is required to submit by February 15th a work plan that details the schedule and components of the on-site, local art gallery exhibition(s). If the property owner fails to fulfill its remaining public art obligation in accordance with City-established schedules, the matter will be promptly referred for enforcement action. • Parking, Carpool, and Transit Incentive Program -The City has received documentation that identifies the components of the property owner's parking, carpool, and transit incentive program. The property owner has provided parking for nine additional bicycles and now has racks for a total of 25 bicycles on site. Current Annual Review Period Saint John's Health Center 1328 22nd Street Agreement Effective 6/9/1998 First Amendment Pending Expires 6/9/2053 Full compliance requires a Development Agreement Amendment. Applicant has submitted a DA Amendment. ., ~o ,~ Sr ~~ nr ~ ~. ~,~ * o ~4P° ~o ~ aACr y ~~5 ~~ 8 The original Development Agreement grants approval for construction of new hospital facilities that would occur in two phases. Phase I consists of vested rights fora 10-year term, subject to extension, for the construction of a new 475,000 square foot hospital with a total of 468 parking spaces that includes: • Below-grade central planf • Inpatient Center (205,000 SF & maximum height of 75 feet) • Outpatient and Diagnostic & Treatment Center (265,000 SF & maximum height of 58 feet) with ambulance entrance and North Lawn • 442-space North Subterranean Parking Garage and Entry Plaza • 26 parking spaces located in various areas on site Phase II has a 17-year vested rights term, subject to extension, to implement a health center master plan with sufficient floor area for health care-related uses and parking as outlined in the Agreement; the City retains broad discretion to review future applications for Phase II buildings. Key components include: • Permit construction of up to 799,000 square feet of hospital and hospital-related development with maximum building heights ranging from 70-95 feet • Requires City approval of a South Campus Master Plan prior to approval of any Phase II buildings • Development Review Application required prior to approval of any Phase II buildings • CEQA determination/review required for Phase II buildings Public Benefits Summary • Community Benefit Program and Annuat Plan: program. to support the health and well-being of Santa Monica residents and community; annual plan summarizes benefits provided and economic valuation (Calendar Year 2009: equal to $7,847,822 for the value of benefit activities and'cash support, plus an additional $24,247,988 in unreimbursed Medicare costs). • Santa Monica Community Access Plan: included in the Annual Community Benefit Plan, delineating recipient agencies; dollar value; level of service provided to non-profits, the Santa Monica-Malibu School District; charitable medical and mental health service provided; free health education; and preventive health service provided (minimum $732,000 dollar value subject to 1'/z% compounded annual adjustment). • Child Care Program: providing a minimum of 49 full-day child care for employees and the community; 21 of these spaces must be infant/toddler care. 9 • North Lawn: 41,000 SF of public open space, including landscaping, benches and walkways. • Off-site traffic mitigation improvements: payment of a minimum of $332,000 in fees to the City. to construct improvements. • Off-site public works.improvements: payment of $641,000 in fees to the City to construct sidewalks, curbs, streetlights, and street paving in the project area. Status of Compliance The required annual compliance report was received on August 27, 2010. After reviewing the Saint John's Development Agreement and all of the supporting documentation provided to the City, staff confirms that Saint John's is working to achieve compliance with the terms and conditions of its Development Agreement, with review of a Development Agreement Amendment pending. The Saint John's Health Center Development Agreement specifies construction of a 442 space subterranean parking garage and new entry plaza following completion of demolition of existing improvements, including south wing buildings, as part of the final stage of Phase I development. In 2007, Saint John's Health Center filed an application to amend its Development Agreement to defer for 10 years construction of the subterranean parking garage and entry plaza accessed off of Santa Monica Boulevard. The applicant proposes to lease off-site parking spaces to satisfy the majority of its parking requirement, construct an interim entry plaza, and operate a full service parking valet at the main entrance to the facility for use during the period of deferment. This request will be considered by City Council in Spring 2011. Yahoo Center 2600-2800 Colorado Avenue Agreement Effective 10/27/1981 Amended 4/84; 7/84; 5/85; 12/87 Expires 9/15/2036 Full compliance requires a Development Agreement Amendment. Applicant has submitted a DA Amendment. ~o The project was approved for approximately 900,000 SF of office uses along with a daycare center, park; health club, food services and community rooms. Building heights range from 65' to 80'. On-site parking structures currently contain 3,085 parking spaces: Public Benefits Summary • Child care center (Hill `N Dale) • Public park with tennis courts, children's play structure, basketball court, and public gathering space • 51 units of affordable housing which per an agreement between the City Housing Authority and the County, are monitored by the County and a contribution of $2,652,909 to the City's Affordable Housing fund • Community rooms open to the public and available free of charge for community & neighborhood groups • Nearly $3 million worth of art and social service benefits through Park & Community room maintenance • Transportation Demand Management Program • Off-site traffic signal, street lighting, and turn lane improvements Status of Compliance The required annual compliance report was received on April 27, 2010. The property owner is in full compliance with all Development Agreement fee payments and public benefits. Staff has confirmed that the number of parking spaces on site is consistent with the number of spaces required by the Agreement. However, based. on a review of the site's existing parking utilization with consideration given to on-site office vacancies, required parking spaces are being leased to off-site parties. Shared parking is supported by the newly-adopted Land Use and Circulation Element (LUCE); however, leasing of required parking spaces is not consistent with the Development Agreement which specifies that parking spaces are required for the actual mix of uses on the site. Accordingly, the applicant has filed an amendment to its Agreement to permit shared parking and, consistent with the City's direction, is preparing appropriate parking utilization/demand studies to demonstrate that there are sufficient spaces available to meet the needs of onsite users and to permit leasing to off-site parties. This request will be considered by Council in Spring 2011. 11 Since the last compliance review, staff has also worked with the property owner to refine the system for ~esenring the two on-site tennis courts by members of the public and private instructors. Staff has worked cooperatively with the facility in order to ensure consistency with the Agreement which stipulates that the site's open space may be used by the public to the same extent as a public park of the City with similar facilities. Arboretum (Previously Colorado Place III) 2000 Colorado Avenue Agreement Effective 12/16/1987 Amended 12/88; 2/95 Expires 1/1/2042 In Full Compliance ^r ~ a`~ r ~ O ~ G r >P 5~ `~ ~ ~ ~y ti ~ 5~ !q h~ 3 st This Development Agreement involves the construction of Phase III of Colorado Place, a 12.7 acre parcel located on Colorado Avenue. The Agreement initially allowed for the construction of 1,040,490 square feet of floor area, with a Floor Area Ratio of 1.85, and specifically allowed 25,000 square feet of restaurant space, 10,000 square feet of retail, 35,000 square feet medical office, 20,000 square feet for banks, up to 720,490 square feet for commercial office space, a 270,000 square foot hotel, and a 60,000 square feet for a health club. However, subsequent modifications to the Development Agreement removed the hotel as a permitted use, and allowed for a general market/grocery use (not to exceed 50,000 square feet), and multi-family residential development with some affordable units. The Agreement indicates that no building may exceed a height 84 feet at specified locations. Public Benefits Summary Transportation Demand Management ProgramlTraffic Emission Abatement Program • $721,318 Housing Parks Mitigation Fee • $5,000,000 Traffic Improvement Fee On-site art installation $250,000 child care contribution 12 Status of Compliance The City filed litigation to enforce the property owner's compliance with the Development Agreement's affordable housing requirements. A settlement has been reached on this matter and monitoring for compliance with the City's Affordable Housing Production Program will be performed by the City's Housing Division annually with the next audit due to occur by April 30, 2011. The Arboretum's annual Development Agreement compliance report was submitted on December 16, 2010. After reviewing the remaining Agreement terms, all of the supporting documentation. provided to the City, and conducting a site visit, staff has determined. that the Arboretum is in full compliance with Development Agreement fee payments, public benefits, and operational requirements. Rand Corporation 1776 Main Street Agreement Effective 11/23/2000 Expires 11/23/2055 In Full Compliance y~ ~~ ~' ~ v o S ^S The Rand Corporation Agreement involved the demolition and remediation of the existing buildings on the 3.7 acre project site located at 1776 Main Street and the construction of a 308,869 SF headquarters for Rand Corporation. The new five-story, 69' tall building houses research-related facilities, management, staff cafeteria, fitness room, and meeting/conference rooms. Parking is provided in afour-level, 825-space subterranean parking garage. Public Benefits Summary • Land dedication and construction of Vicente Terrace Land dedication for Main Street Circle should this be constructed • Transportation Demand Management Program Policy Analysis Partnership on Childhood Development and Education including pursuing research funding for early childhood development 13 • Early Childhood Development Research, including organizing conferences and maintaining a child policy website, www.promisingpractices.com • $500,000 contribution to Early Childhood Development Programs/Early Childcare Education in the Civic Center Status of Compliance The required annual compliance report was received by staff on November 22, 2010. The property owner is in full compliance with all Development Agreement fee payments, public benefits, and operational requirements. Lantana East 3030 Olympic Boulevard Agreement Effective 10/28/2004 Amended 8/2008 Expires 10/28/2024 In Full Compliance Lantana East consists of a 3-story, 64,105 SF building containing entertainment production/post-production studio space and a total 433 parking spaces provided in a subterranean parking garage and surface lot. Public Benefits Summary • $356,200 joint use improvement fee 'for improvements to Edison School, plus $35,600 paid annually-for 5 years (this requirement is shared with Lantana South) • $266,650 childcare contribution • $90,000 arts fee • New public restrooms at Stewart Park • Construction of neighborhood traffic protection improvements • Off-site roadway improvements Status of Compliance An estoppel certificate was issued in December 2009 and a Certificate of Performance was fully executed on April 1, 2010. An annual Development Agreement Compliance 14 Report was submitted in August 2010. The property owner is in full compliance with all Development Agreement fee payments, public benefits, and operational requirements. Lantana South 3131 Exposition Boulevard Agreement Effective 10/28/2004 Amended 8/2008 Expires 10/28/2024 In Full Compliance «PDgZ10N ~,VD Lantana South consists of a 3-story, 130,000 SF building for entertainment production/post-production studio space with a total of 456 parking spaces located within a subterranean garage and surface lot. Public Benefits Summary • $356,200 joint use improvement fee for improvements to Edison School, plus $35,600 paid annually for 5 years (this requirement is shared with Lantana East) • $133,350 childcare contribution . • $60,000 arts fee • Off-site roadway improvements Status of Compliance An estoppel certificate was issued in December 2009 and a Certificate of Pertormance is pending execution. An annual Development Agreement Compliance Report was submitted on December 14, 2010. The property owner is in full compliance with all Development Agreement fee payments, public benefits, and operational requirements. 15 Update on Select Projects Not Yet Constructed The Village 1725 Ocean Avenue Agreement Effective 5/27/2008 Expires 12/31/2028 Compliance. Not Required at this Time The Village development provides six residential buildings with approximately 324 residences, and approximately 20,000 square feet of commercial retail on three separate development sites. It is anticipated that Architectural Review Board hearings for the project's building design, materials, colors, and landscape plans will begin in winter 2011, followed by plan check submittal in the spring. Saint Monica's Catholic Community 725 California Avenue Agreement Effective 5/27/2010 Expires 5/27/2030 Compliance Not Required at this Time ~y C~ !y ~, ?y ST ~~ ~P ~y ~? The Saint Monica's Catholic Community Development Agreement (DA) consists of construction of asingle-phase Campus Enhancement and Parking Improvement Plan on St. Monica's property. The project includes the following key components: • Demolition of existing Pastoral Center (13,465 square feet) • Construction of a new Community Center (27,500 square feet) with three levels of subterranean parking (154 parking spaces) 16 • Construction of a 7,700 square foot, 6 classroom addition to the High School East building • Renovation of the existing auditorium, gymnasium and other facilities Public Benefits summary • Transportation Demand Management Plan for students, employees, and parishioners • Shared Parking allowing neighborhood use of 15 parking spaces located at the off-site surface parking lot at 1140 7th Street during off-peak hours • Availability of a community. meeting space to city departments, community groups, and nonprofit organizations • Public use of the Bookstore/Coffee Bar during all operating hours St. Monica's Catholic Community received Architecture Review Board approval for the project's building design, materials, and colors in July 2010 and will be returning to the Board with landscaping plans and signage for consideration in February 2011. Agensvs 1800 Stewart Street Agreement Effective 10/28/2010 Expires at termination of ground lease Compliance Not Required. at this Time The Agensys Development Agreement permits a project consisting of the following key components: • 24,625 square feet for administration offices and entry lobby • 45,590 square feet for manufacturing of new cancer treatments • 72,050 square feet for research and development (R&D) • 11,390 square feet of meeting rooms, employee amenities including a cafeteria open to the public during lunchtime hours • 5,140 square-feet of publicly accessible open space • Publicly accessible pedestrian path to allow access to the Bergamot Station site and future Expo Line light rail station • Surface parking for 200-220 cars 17 Public Benefits Summary • Publicly accessible pedestrian • Publicly accessible passive open space along Stewart Street • Widened sidewalk along Stewart Street Cafe open to pedestrians during limited daytime hours • Traffic Demand Management Program geared to the project site's location within a "Higher Goal" District designated by the LUCE • Sculpture garden with up to 10 sculptures adjacent to the pedestrian path • Local hiring program including a job fair and a local hiring policy • Student internship program • Student tours • Signage and way-finding system • Shared parking for events at Bergamot Station e Continued community outreach • Transit contribution toward improved transit infrastructure focused on bicycle access at the light rail station The applicant has submitted the project for plan check review and it is anticipated that construction will begin in spring 2011. Public Outreach The Code requires that that the City provide at least 10 days' notice to the Applicant or Successor of the City Council's scheduled meeting to review the Agreements. This notice has been provided. Next Steps. Staff will continue its ongoing Development Agreement compliance review; reports will be made to Council annually in January. Financial Impacts & Budget Actions All fees associated with Development Agreements have been paid to date. The recommendations presented in this report do not have any direct budget or fiscal impact. 18 Prepared by: Amanda Schachter, Planning Manager Approved: Forwarded to Council: -~.. Rod Gould Director, Planning"& C3'Fnrrr'unit City Manager Development ~ 19