DRAFT 9/8/25______
1 T-ESD-250065/82872
Council Agenda:
Item No.:
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SUNNYVALE SUPPORTING REORGANIZATION
(DETACHMENT) OF CERTAIN AREAS FROM THE CUPERTINO
SANITARY DISTRICT TO THE CITY OF SUNNYVALE, AND
AMENDMENT OF THE CUPERTINO SANITARY DISTRICT
SPHERE OF INFLUENCE TO EXCLUDE THESE CERTAIN AREAS
LOCATED AT 1609 – 1695 HOLLENBECK A VENUE IN
SUNNYVALE, 19200 PHIL LANE IN CUPERTINO, AND 91
RESIDENTIAL PROPERTIES BOUNDED BY BLANEY AVENUE,
BOLLINGER ROAD, E. ESTATES DRIVE AND LINDENBROOK
LANE IN CUPERTINO
WHEREAS, the City of Sunnyvale (City) provides sewer service to a portion of the City of Cupertino with the remainder of Cupertino being served by the Cupertino Sanitary District (CuSD); and
WHEREAS, on May 24, 2022, the Sunnyvale City Council authorized the City Manager to execute an Agreement with CuSD for the transfer of sewer flow from 91 homes in Cupertino, served by the City, through the CuSD pipe system and back into the City system; and WHEREAS, the Agreement, which the City and CuSD entered into on June 2, 2022, includes a City obligation to coordinate with the Local Agency Formation Commission of Santa Clara County (LAFCO) to modify the existing Sphere of Influence (SOI) and service area maps in order to resolve inaccuracies regarding which areas are served by the City or CuSD; and WHEREAS, in County mapping, three existing areas that receive sewer service from Sunnyvale are incorrectly shown within the service area of CuSD. These areas are shown in the plats (maps) and legal descriptions in Exhibits A, B and C, attached hereto and incorporated herein; and
WHEREAS, two of the aforementioned areas are within Cupertino, though are incorrectly shown within the SOI of CuSD, and the third area is in Sunnyvale; and WHEREAS, both the City and CuSD wish to support LAFCO’s corrections to these errors in County mapping by detachment of all three areas from CuSD and removal of two of the areas from the CuSD SOI; and
WHEREAS, these proposed mapping corrections will reduce potential confusion about which agency serves certain properties, and will have no financial impact nor change in zoning, tax assessment, or sewer service to customers in these areas; and ATTACHMENT 4
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Council Agenda:
Item No.:
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of Regulations, Title 14, section 15000 et seq.) (“CEQA Guidelines”), City staff has independently studied the proposed changes to service area and SOI and determined that they are exempt from environmental review pursuant to the “common sense” exemption in 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;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT THE CITY COUNCIL DOES HEREBY:
1. Exercise its independent judgment and determine that proposed changes to the service area and sphere of influence are exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3); and
2. Support the proposed reorganization and detachments of the following areas from the Cupertino Sanitary District service area:
a. That certain area located at 1609 – 1695 Hollenbeck Avenue in Sunnyvale, as more particularly described in Exhibit A attached hereto and incorporated herein; and
b. That certain area located at 19200 Phil Lane in Cupertino, as more particularly described in Exhibit B attached hereto and incorporated herein; and c. That certain area consisting of 91 residential properties bounded by Blaney Avenue, Bollinger Road, E. Estates Drive and Lindenbrook Lane in Cupertino, as more particularly described in Exhibit C attached hereto and incorporated herein; and
3. Support the exclusions or removal of the following areas from the Cupertino Sanitary District Sphere of Influence (SOI):
a. That certain area located at 19200 Phil Lane in Cupertino, as more particularly described in Exhibit B hereto; and
b. That certain area consisting of 91 residential properties bounded by Blaney Avenue, Bollinger Road, E. Estates Drive and Lindenbrook Lane in Cupertino, as more particularly described in Exhibit C hereto; and
4. Authorize the City Manager to submit to the Local Agency Formation Commission of Santa Clara County (LAFCO) applications for detachments from the Cupertino Sanitary District service area and exclusions of the areas identified above from Cupertino Sanitary ATTACHMENT 4
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Council Agenda:
Item No.:
District’s SOI. The City Manager shall submit said applications only after adoption of a resolution or other action by the Board of Directors of the Cupertino Sanitary District in support of the proposed detachments from the Cupertino Sanitary District service area and exclusions from the Cupertino Sanitary District SOI.
Adopted by the City Council of the City of Sunnyvale at a regular meeting held on _____, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
DAVID CARNAHAN
City Clerk
Date of Attestation: _______________________
LARRY KLEIN
Mayor
(SEAL)
APPROVED AS TO FORM:
_________________________
REBECCA L. MOON
City Attorney
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EXHIBIT "B"
19200 PHIL LANE - D.J. SEDGWICK ELEMENTARY SCHOOL
CUPERTINO/SPHERE OF
INFLUENCE AMENDEMENT AND
REORGANIZATION 2024:
DETACHMENT FROM CUPERTINO SANITARY DISTRICT
GEOGRAPHIC DESCRIPTION
All that certain property, in the City of Cupertino, County of Santa Clara, State of California, described as follows:
Beginning at a point being at the southwest corner of the Lands of D.J. Sedgwick Elementary School, as shown upon that certain Record of Survey, which was filed for record on January 16, 1957, in Book 77 of Maps, at Page 48, in Santa Clara County Records;
1 -- Thence, along the westerly boundary of said Lands of Sedgwick School, North 2°52'36" East, 317.00 feet, to an angle point in said westerly boundary; 2 - Thence, continuing along said westerly boundary, South 86 °38'49" East, 244.95 feet, to an angle point in said westerly boundary;
3 - Thence, continuing along said westerly boundary, North 2°52'36" East, 250.00 feet, to a point on the southerly Right of Way line of Phil Lane, (having a half-width of 20 feet), as shown upon said Record of Survey, said point being the northwesterly corner of the net area of said Lands of Sedgwick School;
4 - Thence, along said southerly Right of Way, South 86°38'49", East.220.28 feet, to an angle point in the northerly boundary of the net area of said Lands of Sedgwick School; 5 - Thence, continuing along said northerly Right of Way line, South 69°06'15" East,
39.81 feet, to an angle point in the northerly boundary of the net area of said Lands of Sedgwick School;
6 -- Thence, continuing along said northerly Right of Way line, (having a half-width of 32 feet), South 86 °38'49" East, 130.00 feet, to an angle point in the northerly boundary of the net area of said Lands of Sedgwick School;
7 -Thence, continuing along said northerly Right of Way line, South 81 °05'27" East, 103.28 feet, (formerly shown as 103.27 feet), to an angle point in the northerly boundary of the net area of said Lands of Sedgwick School;
8 -- Thence, continuing along said northerly Right of Way line, (having a half-width of 42 feet), South 86 °38'49" East, 40.82 feet, to the beginning of a tangent curve to the right, having a radius of 20.00 feet;
9 -- Thence, easterly and southerly, along said curve, through a central angle of 104°15'49", an arc length of 36.39 feet, to a point on the westerly Right of Way line of Tantau Avenue, as shown upon said Record of Survey, said point being a point of reverse curvature, with a curve having a radius of 542.00 feet; 10 -- Thence, southerly along said westerly Right of Way line, and along the last mentioned curve, through a central angle of 11 °35'33", an arc length of 109.66 feet, to a point of compound curvature, with a curve having a radius of 100.00 feet; Sheet 1 of 2 Sheets
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EXHIBIT "C"
ALDERBROOK TRACTS 1 566 & 1576
INFLUENCE AMENDEMENT AND
REORGANIZATION 2024:
DETACHMENT FROM CUPERTINO SANITARY DISTRICT
GEO GRAPHIC DESCRIPTION
All that certain property, in the City of Cupertino, County of Santa Clara, State of California, described as follows:
Beginning at a point being at the northwest corner of Lot 151, as shown upon that certain map entitled "Tract No. 1576 - Alderbrook Estates Unit 3", which was filed for record on September 7, 1 955, in Book 62 of Maps, at Pages 46 & 47, in Santa Clara County Records, said point being on the easterly Right of Way line of Blaney Avenue, as said line is shown upon said Tract Map No. 1576;
1 -- Thence, along said easterly Right of Way line, South 00°14'40" East, 976.26 feet, to the beginning of a tangent curve to the left, having a radius of 20.00 feet; 2 - Thence, southerly and easterly, along said curve, through a central angle of 69°46'30", an arc length of 24.36 feet, (formerly shown as 24.38 feet), to a point on the northerly Right of Way line of Bollinger Road, as shown on said "Tract Map No. 1576"; 3 - Thence, along said northerly Right of Way line, South 70 ° 01 '1 O" East, 237.84 feet, to the beginning of a tangent curve to the left, having a radius of 555.00 feet; 4 -Thence, easterly, continuing along said northerly Right of Way line, through a central angle of 50°40'20", an arc length of 490.84 feet, as shown on said "Tract Map No. 1576", and as prolongated along said curve, as shown upon that certain map entitled "Tract No. 1 566 -Alder brook Estates Unit 2", which was filed for record on August 16, 1 955, in Book 62 of Maps, at Pages 18 & 19, in Santa Clara County Records; 5 - Thence, continuing along said northerly Right of Way line, North 5 9° 18'30" East,
18.97 feet, to the beginning of a curve to the right, having a radius of 645.00 feet; 6 -Thence, easterly, continuing along said northerly Right of Way line, through a central angle of 18 °23'44", an arc length of 207.09 feet, to the intersection of the northerly Right of Way line with the westerly boundary line of the Creek Dedication, as shown on said "Tract Map No. 1 566 - Alderbrook Estates Unit 2", said line also being the easterly boundary of Lots 67 through 75, as shown upon the aforementioned ''Tract Map No. 1566";
7 - Thence, northerly along said westerly boundary line of said Creek Dedication, North 0°26'00" West, 603.49 feet, to the beginning of a tangent curve to the right, having a radius of 333.00 feet;
8 -Thence, northerly along the last mentioned curve, through a central angle of 2°22'27", an arc length of 13.80 feet, (formerly shown as having a central angle of 2°22'20"), an arc length of 13.79 feet, to the northwest corner of said Lot 75; Sheet 1 of 2 Sheets
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