DRAFT MINUTES*
SUNNYVALE REDEVELOPMENT AGENCY
DECEMBER 2, 2003 

ROLL CALL

CONSENT CALENDAR

Agency Vice Chair Chu moved, and Agency Member Swegles seconded, to approve the Consent Calendar.  The motion carried unanimously.

CONSENT CALENDAR

PUBLIC HEARINGS/GENERAL BUSINESS

It was the consensus of the Agency to continue this item. 

Brice McQueen, Redevelopment Manager, presented the staff report.  He stated the Agency's Rules for Tenant Preference and Owner Participation contemplate a process whereby the Agency may designate a portion of the Sunnyvale Central Core Redevelopment Project Area as an area that requires assemblage and development by a single master developer. Once such designation is made, the rules contemplate that the Agency will then solicit proposals for redevelopment of the designated parcels. Proposals must be solicited from the owners of the parcels so designated and may be solicited from others as well. Once proposals are solicited, the Agency would select a master developer and seek to negotiate and finalize an agreement between the Agency and the developer providing for redevelopment of the property in question in accordance with the Redevelopment Plan and the Downtown Specific Plan. Once the Agency designates the area as a master development area, the Agency is authorized to acquire property in the area to forward the redevelopment efforts. At the current time, the Agency does not have the power of eminent domain; however, the Agency has authorized the Agency staff to bring forward a plan amendment to the Redevelopment Plan that would reestablish the Agency's power of eminent domain in certain circumstances. If that amendment is ultimately adopted, then acquisition could be by means of the Agency's exercise of eminent domain. Designation of a master development area does not mean that the Agency will in fact acquire any property in that area or exercise the power of eminent domain. If the Agency's eminent domain authority is reestablished, that power would only be exercised after an Agency noticed hearing on a resolution of necessity at which time the property owner has a right to raise objections to acquisition. The resolution of necessity can only be adopted by affirmative vote of two-thirds of the members of the Agency.

Agency Chair Howe opened the Public Hearing at 1:20 a.m. 

David Daniels, an attorney representing property owner, Harvest SV/PEN, Ltd., stated they have submitted a written document to the Council.  He requested this item be continued to comply with CEQA (California Environmental Quality Act) regulations and expressed concerns relating to a master development plan proposal that would significantly impact the property owner’s rights and they would not be given requisite consent. 

Discussion ensured regarding the environmental impact and CEQA regulations related to the proposed project, proposed development of the site and rights of the property owners. Robert Paternoster, Agency Secretary/Director, stated they are taking steps to bring all parties together to try and reach a consensus and that stated that Harvest Partners has equal rights to submit a proposal. 

Arthur Schwartz, a member of the public, stated the plan for the redevelopment reflects what the citizens want and advocated for the project to proceed. 

Jane Vaughn, of Menlo Equities, recommended that Council approve the master development area. 

Agency Chair Howe closed the Public Hearing at 1:41 a.m. 

Agency Member Miller moved, and Agency Vice Chair Chu seconded, to adopt the resolution designation specified parcels as a Master Development Area for redevelopment.  The motion carried unanimously.

RESOLUTION NO. 107-03RA  A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SUNNYVALE DESIGNATING SPECIFIED PARCELS IN THE SUNNYVALE CENTRAL CORE REDEVELOPMENT PROJECT AREA AS A MASTER DEVELOPMENT AREA FOR REDEVELOPMENT BY ONE OR MORE MASTER DEVELOPERS

ADJOURNMENT TO FINANCING AUTHORITY

Mayor Howe declared the Redevelopment Agency Meeting adjourned at 1:45 a.m.

Respectfully submitted,
Cathleen McKay, Interim Agency Clerk