DRAFT MINUTES*
REDEVELOPMENT AGENCY
March 29, 2005
12:40 a.m
(following the Council regular meeting at 7:00 p.m.)

The Redevelopment Agency of the City of Sunnyvale met in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 8:49 p.m., with Agency Chair Chu presiding.

 

ROLL CALL

 

PRESENT:

 

 

 

 

 

 

Agency Chair Dean J. Chu
Agency Vice Chair Ron Swegles
Agency Member Fred Fowler
Agency Member Julia Miller
Agency Member John Howe
Agency Member Melinda Hamilton
Agency Member Otto Lee

 

 

Staff Present

Amy Chan, Agency Director
oan Borger, Interim Agency Counsel
Robert Paternoster, Agency Secretary
Susan Ramos, Agency Clerk

 

CONSENT CALENDAR

 

Vice Chair Swegles moved and Agency Member Lee seconded, approval of the Consent Calendar as presented.  The motion carried unanimously.

 

RA – 1.A

 

Approval of Draft Minutes (March 8, 2005)

 

CITIZENS TO  BE HEARD

 

There were no comments.

 

PUBLIC HEARING/GENERAL BUSINESS

 

RA - 2.

resolution

RDA 05-005

Resolution of the Redevelopment Agency of the City of Sunnyvale Approving the Second Amendment to the Disposition and Development and Owner Participation Agreement Between the Agency and Fourth Quarter Properties XLVIII, LLC, with Regard to the Redevelopment of Town Center Mall

 

 

 

 

 

Robert Paternoster, Agency Secretary, presented the staff report and responded to questions regarding the extension dates.

 

Chair Chu and Agency Member Howe recused due to a potential conflict of interest and left the dais.

 

Vice Mayor Swegles opened the Public Hearing at 12:49 a.m.

 

Mark Calvert, Cascade Group, a representative for Lehman Brothers, provided background and requested Council extend all dates to 60 days. He confirmed that if there are any changes made to the construction and/or architectural plans, it would have to go back to Council for approval.

 

Kristen Powell, Counsel for Lehman Brothers, clarified that their request is for a 60-day extension of all of the dates moving the opening date of the mall to November 2007. She noted that the developer would do everything it can to open before the Thanksgiving holidays.

 

Tony Quintero, Plaza Investments, requested clarification on the process for the selection of the developers by Lehman Brothers. Interim City Attorney Borger responded there is a provision in the DDOPA that addresses transfer of the DDOPA to the selected developer.

 

Staff responded to Council questions about penalties for breaching the DDOPA.

 

The public hearing was closed at 1:03 a.m.

 

Agency Member Hamilton moved, and Agency Member Miller seconded, to approve staff’s recommendation for Alternative 1, to adopt the resolution adopting the second amendment to the DDOPA between the Redevelopment Agency and Fourth Quarter Properties XLVIII, LLC, to extend the date for acquiring the property from March 31, 2005 to May 31, 2005 and the executive director to exercise her authority under the DDOPA to extend the date for entering into agreement with a residential developer to June 31, 2005 as requested by Lehman Brothers.

 

The motion carried with Chair Chu and Agency Member Howe abstaining due to a potential conflict of interest.

 

RESOLUTION NO. 105-05 RDA A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SUNNYVALE APPROVING A SECOND AMENDMENT TO THE DISPOSITION AND DEVLEOPMENT AND OWNER PARTICIPATION AGREEMENT (DDOPA) BETWEEN THE REDEVELOPMENT AGENCY AND FOURTH QUARTER PROPERTIES WITH REGARD TO REDEVLEOPMENT OF THE TOWN CENTER MALL.

 

Chair Chu and Agency Member Howe returned to the dais.

 

ADJOURNMENT

 

Chair Chu declared the meeting adjourned at 1:10 a.m.

 

Susan Ramos, Agency Clerk