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RTC#02-135

April 23, 2002

SUBJECT:  2002-0068 - City of Sunnyvale: Conduct Protest Hearing for Reorganization of an area designated as De Anza 02-01 [Crawford Drive Annexation]

REPORT IN BRIEF

On March 19, 2002, the City Council unanimously adopted a resolution to initiate the annexation process for 25 unincorporated parcels on Crawford Drive and set a date for a Protest Hearing for the submittal of written protests from affected property owners or registered voters. Council does not need to take any formal action on this item other than closing the Protest Hearing after receiving public input. Council’s duty during this Protest Hearing is to receive the written protests and any public testimony regarding the proposed annexation.

Upon the close of the Protest Hearing, staff will tabulate the protest received and report the results back to Council on May 14, 2002.

Background

The City is mandated by State Law to conduct the Protest Hearing and receive any written protest from affected property owners and registered voters once it initiates an annexation. The formal protest period began on March 19, 2002. Protest may be submitted to the City until the close of the public hearing on this item on April 23, 2002. The end of Protest Hearing is the statutory termination of the formal written protest period specified by State annexation regulations. Protests received after the Protest Hearing are not valid.

If the City receives protests from less than 25-percent of the affected property owners and registered voters it can continue processing the application with LAFCO.

If the City receives protests from between 25 and 50-percent of the registered voters or protest from at least 25-percent of the property owners who own at least 25-percent of the assessed value, a November election will determine the outcome of the annexation based on a simple majority vote of those voting.

If the City receives protests from 50-percent or more of the registered voters the annexation process ends.

EXISTING POLICY

The continuation of the annexation process for Crawford Drive is consistent with the General Plan’s Legislative Management and Land Use and Transportation Sub-Elements.

DISCUSSION

As of April 18, staff received (0) written protests from the Crawford Drive area.

FISCAL IMPACT

The impact of the City adding another 25 households from Crawford Drive to the City is minimal because the City already provides services through mutual aid obligations or existing customer service policies which do not distinguish between City and non-City residents.

PUBLIC CONTACT

Extensive noticing and outreach has been provided for this annexation.

Notice of the public hearings for this project were published in the Sun newspaper, posted at two locations on either end of Crawford Drive and mailed to the residents, property owners and registered voters both within the area proposed for annexation and within 300 feet of the area. Approximately 300 notices were mailed out. Copies of notices were also provided to adjacent cities and agencies and to the Local Agency Formation Commission (LAFCO) for posting on its website.

In addition to these notices, a separate mailed Annexation Newsletter was sent to property owners and residents of the 25 unincorporated parcels inviting them to a Neighborhood Meeting conducted by staff on Friday, March 8, 2002 in the Neighborhood Room of the City of Sunnyvale Community Center. At that meeting a 28-page Annexation Answer Book, which also provided notice of this and future annexation meetings, was distributed to attendees, and the Answer Book was also mailed out to each affected property owner and resident. Approximately, 30 residents representing 16 of the 25 unincorporated properties attended the meeting.

After the March 8 Neighborhood meeting, Staff mailed a separate written protest form with instructions of how to protest the annexation to each affected property owner and registered voter on Crawford Drive.

On March 19, 2002, the City Council adopted a resolution formally initiating the annexation process for Crawford Drive. Only one resident, Cassie Webb, appeared before Council to speak on the matter.

Prior to the April 23, 2002 City Council meeting staff provided another mailed notice to affected property owners and registered voters informing them of the Protest Hearing.

Copies of the staff reports for this project were posted on the City of Sunnyvale's Website and copies of the reports were provided at the Reference Section of the City of Sunnyvale's Public Library and to interested parties requesting a copy of the report. Copies of the City Council agenda were posted on the City's official notice bulletin board, City of Sunnyvale's Website and recorded for SunDial.

ALTERNATIVES

  1. Conduct the Protest Hearing, receive public input, and close the Protest Hearing.

RECOMMENDATION

Alternative 1.

 

Prepared by:
Erwin Ordoñez
Associate Planner

Reviewed by:
Trudi Ryan
Planning Officer

Robert Paternoster
Director, Community Development

 

Approved by:
Robert S. LaSala
City Manager

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