DRAFT MINUTES*
JOINT MEETING OF THE SUNNYVALE CITY COUNCIL AND
REDEVELOPMENT AGENCY
DECEMBER 16, 2003
ROLL CALL
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PRESENT:
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Chair John Howe
Vice Chair Dean Chu
Agency Member Fred Fowler
Agency Member Julia Miller
Agency Member Ron Swegles
Agency Member Melinda Hamilton
Agency Member Otto Lee
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Staff Present: |
Robert LaSala, Agency Director
Valerie J. Armento, Agency Counsel
Robert Paternoster, Agency Secretary/Director
Brice McQueen, Redevelopment Manager
Cathleen McKay, Interim Agency Clerk
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PUBLIC HEARINGS/GENERAL BUSINESS
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RDA-1. |
RDA 03-015 |
Joint Public Hearing to Consider Adoption of a Proposed Fourth Amendment to the Central Core Redevelopment Plan (Redevelopment Agency: Motion) |
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6. |
ORDINANCE NO.
rtc 03-443 |
Joint Council/Agency Public Hearing to Consider Adoption of a Proposed Fourth Amendment to the Central Core Redevelopment Plan RTC With Redevelopment (City Council: Ordinance) |
Councilmember/Agency Member Hamilton recused herself stating her property is located in the redevelopment area but does not preclude her from voting on individual projects within the area, and left the dais.
Brice McQueen, Redevelopment Manager, assisted by Libby Seifel of Seifel Consulting and Lynn Hutchins, Redevelopment Counsel with Goldfarb and Lipman, presented the staff report. He stated The Redevelopment Agency of the City of Sunnyvale is proposing to amend the Plan in order to reinstate eminent domain authority for a period of twelve years on non-residential properties in the Central Core Redevelopment Project Area, excluding properties on which persons reside. The Agency will also amend the Plan to clarify that the Plan will be in conformance with the City’s General Plan and the Downtown Specific Plan as they currently exist and as they may be amended in the future. The proposed Amendment would further the Agency’s efforts to alleviate blight and enhance the economic vitality of the Project Area. The Agency has no current plans to acquire particular properties. However, eminent domain authority remains a tool that may be needed in the future to carry out the goals and objectives of the Redevelopment Plan. The use of this tool would be limited and used only as a last resort toward a project of greater community benefit. Mr. McQueen stated, for the record, the following documents have been provided:
RDA 03-015 Joint Public Hearing to Consider Adoption of a Proposed Fourth Amendment to the Central Core Redevelopment Plan
RTC 03-443 Joint Public Hearing to Consider Adoption of a Proposed Fourth Amendment to the Central Core Redevelopment Plan
Attachment A - Ordinance Fourth Amendment to the Central Core Redevelopment Plan
Attachment B - Report on Fourth Plan Amendment - Sunnyvale Central Core Redevelopment Area
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Appendices
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Appendix A - Photographic Documentation of Blighting Conditions
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Appendix B - Supplemental Documentation of Blighting Conditions
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Appendix C - Notice of Public Hearing and Community Workshop
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Appendix D - Summary Notes from December 3, 2003 Community Meeting
November 13, 2003 Community Notice
Declaration of Mailing to Property Owners and Occupants
Proof of Publication
November 13, 2003 Notice to Taxing Entities
November 21, 2003 Letter to Taxing Agencies
Declaration of Mailing
Exhibit A – Sunnyvale Redevelopment Project Area List of Taxing Agencies
November 13, 2003 Legal Notices (The Sun)
Appendix D – December 3, 2003 Redevelopment Area Community Meeting Summary Notes
December 3, 2003 Community Meeting Sign In Sheet
Attachment C – Planning Commission Report November 24, 2003 Sunnyvale Redevelopment Agency Adoption of a proposed amendment to the Central Core Redevelopment Plan
Resolution
November 24, 2003 Planning Commission Draft Minutes
November 24, 2003 Planning Commission Approved Minutes
Jeffer, Mangels, Butler & Marmaro LLP Letter and attachments
December 16, 2003 email to Council from Margaret Murguia
December 16, 2003 email to Council from Chris Carpenter
Agency Chair Howe opened the Public Hearing at 10:15 p.m.
David Daniels, an attorney representing property owner, Harvest SV/PEN, Ltd., stated they have submitted a written document to the Council 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. He stated it does not comply with CEQA (California Environmental Quality Act) regulations.
Robert Paternoster, Agency Secretary/Director, stated that staff will prepare a written response to Mr. Daniels before Council acts on the ordinance.
Arthur Schwartz, a member of the public, expressed concern that the Redevelopment Agency boundaries include properties that are specifically excluded from action of eminent domain. He did not see the properties as blighted.
Paul Reed, President of the Friends of Sunnyvale, stated they attempted to put an initiative on the ballot to put limits on the use of eminent domain and asked Council to consider other alternatives.
Jennifer Paedon, representing the Moffett Park Business and Transportation Association, spoke in support of reinstating eminent domain.
Coleen Hurley, Real Estate Manager of Juniper Networks, spoke in support of reinstating eminent domain and encouraged the Council to approve the ordinance.
Ray Johnson, a member of the public, advocated for private property rights and spoke in opposition of reinstating eminent domain.
Suzi Blackman, President and CEO of the Sunnyvale Chamber of Commerce, spoke in support of reinstating eminent domain in order to move forward as rapidly as possible, and urged the Council to adopt the ordinance.
Mike Sher, a member of the public, spoke in support of reinstating eminent domain to move forward with the downtown plan.
Joe Antuzzi, Chairman of the Downtown Association, stated the Association supports this ordinance knowing that it is being used as a tool to help redevelop the downtown area. He stated, for the record, every merchant in the downtown is a member of the association, which is approximately 200 merchants.
Jane Vaughan, presenting Foreman Lehman, spoke in support of eminent domain and noted it will encourage parties to come together on a plan. She noted that residential properties are not included in the proposed ordinance.
Andy Maloney, a member of the public, spoke in opposition of eminent domain and spoke in support of property owner rights.
Theresa Marie Tauscher, a member of the public, expressed concern regarding the reinstatement of eminent domain and acknowledged that the mall must be rebuilt.
Mary Ann Gorski, a member of the public, expressed concern regarding abuse of eminent domain.
Mike Klein, Chairman of the Sunnyvale Chamber of Commerce, stated the Board is confident that the City will use eminent domain in a practical manner and in the best interests of Sunnyvale.
Olaf Hirsch, a member of public, spoke in opposition of reinstating eminent domain and asked Council to consider other alternatives.
Tom Carrig, a member of the public, spoke in opposition of reinstating eminent domain and encouraged the Council to reconsider.
Ron Fernando, a member of the public, spoke in opposition of reinstating eminent domain and expressed concern as a homeowner.
Agency Counsel Armento clarified that this ordinance does not apply to any property that is zoned residential or being used as residential.
Agency Chair Howe closed the Public Hearing at 10:47 p.m.
Agency Chair Howe stated there would be a written report that will address all written protests prepared for the January 6 Council meeting. The City will defer consideration of the decision to the January 6 meeting with City Council and Redevelopment Agency concurrence.
Agency Member Miller inquired why the proposal calls for eminent domain to be effective for 12 years and why it includes the entire RDA area. Mr. McQueen responded that the redevelopment plan goes to 2025 and they want to consider the big picture and not compress it down. They have limited the authority by not including residential property.
Agency Secretary/Director Paternoster clarified that 12 years is set by the State and is prudent given the scope of the project, but the Council has the ability to set a different timeline. He further stated that at a future time the Council may want to reduce the size of the geographic area.
Agency Member Miller requested that staff be prepared for the January 6 meeting to reduce the geographic area and the length of time.
Agency Counsel Armento stated it is preferable to deal with the entire area of redevelopment project area as a whole in making amendments to the Redevelopment Plan. She advocated for the Council to retain the 12 year duration of eminent domain as the redevelopment plan goes to 2025.
At this juncture, Councilmember Hamilton returned to the dais.
REDEVELOPMENT AGENCY NON-AGENDA ITEMS & COMMENTS
AGENCY
There were no comments.
STAFF
There were no comments.
ADJOURNMENT
Respectfully submitted,
Donna Biles, Deputy City Clerk