REPORT TO COUNCIL
SUBJECT
Title
Completion of Council Priority Project LRS 24-01 Examine the Permanent Closure of Access to the Interior Levees Surrounding Sunnyvale’s Wastewater Treatment Ponds for Public Recreation (Information Only)
Report
BACKGROUND
During the approval process for the Moffett Park Specific Plan, concerns were raised by local environmental advocates regarding potential impacts of increased public access to the interior levees surrounding the City’s wastewater treatment ponds. These concerns were centered on the possible disturbance to local wildlife, particularly as development in the area could lead to greater community use of these levees. In response, a Councilmember formally requested a Study Issue (now referred to as Council Priority Projects) to examine the feasibility and implications of permanently closing public access to the interior levees on a year-round basis.
The project was approved as Study Issue LRS 24-01. The scope included evaluating operational needs, environmental considerations, alternative recreational access, and public education and engagement regarding the levees and adjacent recreation options. The City’s permit with the Bay Conservation and Development Commission (BCDC) requires public access to the outer levees, but not the interior levees, which are primarily used for wastewater treatment operations and are not managed as public trails or habitat areas. The Study also included verification of land ownership, assessment of current access controls, and review of relevant regulatory requirements.
DISCUSSION
The purpose of this Study was to examine the impact and effects of a year-round closure of the water treatment pond interior levees on recreational activities and public access needs. The City is required to provide public access to the outer levees as a condition of its permit with the Bay Conservation and Development Commission (BCDC). The interior levees are not required to be open to public access.
The Study confirmed that, except for the north-to-south cutback, all interior levees under consideration were already closed. Through site tours and review of official maps, the Study confirmed that these levees are owned by the City of Sunnyvale. The City retains full authority to regulate access to the levees, subject to applicable municipal and state regulations. To reinforce access controls, Staff implemented new signage clearly indicating closed areas and reminding the public of leash requirements for dogs. These measures are intended to support both operational needs and public awareness regarding permitted activities. Signage was installed in July 2026. This completes the Study Issue.
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 is 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.
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
A check 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: Laura Jammal, Management Analyst, Library and Recreation Services
Reviewed by: Jesus Raygoza, Deputy Director of Recreation Services
Reviewed by: Michelle Perera, Director of Library and Recreation Services
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager