REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution Supporting the Reorganization (Detachment) of Certain Areas South of Serra Park in Sunnyvale, the Alderbrook Estates Neighborhood of Cupertino, and the Sedgwick Elementary School in Cupertino from the Cupertino Sanitary District and its Sphere of Influence to the City of Sunnyvale Related to Sanitary Sewer Services, and Find These Actions Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(b)(3).
Report
BACKGROUND
The City of Sunnyvale currently provides sewer service to two areas in Cupertino and one area in Sunnyvale that County maps mistakenly show as being part of the Cupertino Sanitary District (CuSD) service area. Under a 2022 agreement between Sunnyvale and CuSD, the Sunnyvale committed to working with the Local Agency Formation Commission (LAFCO) to correct these mapping errors. The corrections involve reorganizing (detaching) these three service areas from CuSD and removing two areas from CuSD’s sphere of influence. These areas have been served by Sunnyvale for over 50 years. These corrections will not affect sewer service or costs for current customers. The goal is to eliminate confusion about which agency provides service to these areas.
EXISTING POLICY
Staff did not locate a City Policy that appears applicable to this item.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
DISCUSSION
Sunnyvale staff, Cupertino Sanitary District (CuSD) staff, and Local Agency Formation Commission (LAFCO) staff have been collaborating to correct the mapped service area boundaries. These efforts are aimed at accurately reflecting the areas served by the City of Sunnyvale and CuSD. The updated boundary corrections are being presented to the City Council for consideration and approval. Following Council action, City staff will prepare and submit the necessary application to LAFCO to finalize the boundary adjustments.
Letters were sent on June 13, 2025, to all affected property owners to inform them about the proposed map changes. The letters informed the property owners that the corrections would not impact their sewer service or cost. As of August 18, 2025, staff has not received any comments or inquiries in response to the letters.
FISCAL IMPACT
As part of the 2022 Agreement with CuSD, the Council authorized a budget of $115,000 for City obligations of the Agreement which include some construction & inspection work in the field. Funds necessary for parcel plats and legal descriptions, and LAFCO administrative fees, are also covered under this existing budget. The cost of the map corrections is estimated at less than $20,000. No additional budget is requested.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Adopt a Resolution Supporting the Reorganization (Detachment) of Certain Areas from the Cupertino Sanitary District located at 1609 - 1695 Hollenbeck Avenue in Sunnyvale, 9200 Phil Lane in Cupertino, and 91 homes bounded by Blaney Avenue, Bollinger Road, E. Estates Drive, and Lindenbrook Lane in Cupertino and to exclude the latter two areas from the Cupertino Sanitary District Sphere of Influence; Authorize the City Manager to Submit Applications for These Actions to the Local Agency Formation Commission of Santa Clara County (LAFCO); and Find These Actions Exempt from CEQA Pursuant to CEQA Guidelines Section 15061(b)(3).
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Eric Evans, Senior Environmental Engineer
Reviewed by: Ramana Chinnakotla, Director, Environmental Services
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Plat and Legal Description - 1609 to 1695 Hollenbeck Avenue
2. Plat and Legal Description - 19200 Phil Lane in Cupertino
3. Plat and Legal Description - 91 homes bounded by Blaney Avenue, Bollinger Road, E. Estates Drive, and Lindenbrook Lane in Cupertino
4. Draft Council Resolution - LAFCO map changes