REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution Renaming the Donald M. Somers Water Pollution Control Plant to the Sunnyvale Donald M. Somers Clean Water Facility
Report
BACKGROUND
The City of Sunnyvale owns and operates the Donald M. Somers Water Pollution Control Plant (WPCP), located at 1444 Borregas Avenue. The WPCP provides treatment of wastewater from residential, commercial, and industrial sources in Sunnyvale, the Rancho Rinconada portion of Cupertino, and Moffett Federal Airfield. The facility was originally constructed in 1956 and has evolved over subsequent decades into a Grade V tertiary treatment facility.
The WPCP was named after Donald M. Somers, who was the Public Works Director in Sunnyvale in 1956 when the WPCP was built. Mr. Somers was recognized nationally in 1978 as one of the “Top Ten Public Works Officials”.
In 2016, the City Council adopted the WPCP Master Plan, establishing a long-term program for upgrading and replacing aging infrastructure. The Sunnyvale Cleanwater Program is implementing that plan through multiple major capital projects. New headworks and primary treatment facilities have been completed, while secondary treatment, thickening/dewatering, rehabilitation, and equipment-replacement projects are underway.
The modernization program is transforming the WPCP from a traditional wastewater treatment plant into a more advanced facility focused on water quality, resource recovery, environmental stewardship, recycled water, and renewable energy. The proposed Clean Water Center building which is now in design and planned to be bid out later this year would further support this transformation by consolidating operational functions and providing opportunities for public education.
EXISTING POLICY
The City Council is responsible for naming facilities in recognition of individuals under Council Policy 7.3.20, subject to the City's applicable facility-naming framework. Council Policy 7.3.23 specifically addresses Parks and Recreation facilities and therefore does not directly govern the WPCP, which is an Environmental Services utility facility. City practice supports using a City Council resolution to establish a formal facility name.
Because the proposed action would change the official name of a city facility and affect permits, agreements, City records, signage, and public communications, staff recommends that Council take formal action by resolution.
ENVIRONMENTAL REVIEW
Facility naming is not a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Appropriate environmental review has been conducted for the WPCP Master Plan projects.
DISCUSSION
Staff recommend renaming the Donald M. Somers Water Pollution Control Plant to the Sunnyvale Donald M. Somers Clean Water Facility.
The current name, Water Pollution Control Plant, reflects terminology commonly associated with the facility's original construction and historical mission. While technically accurate, it does not fully communicate the broader role of the modernized facility, which includes advanced treatment, recycled water production, renewable energy generation through biogas cogeneration, resource recovery, and environmental stewardship.
The proposed name retains the recognition of Donald M. Somers while incorporating Sunnyvale Clean Water, which is consistent with the City's established Sunnyvale Cleanwater Program and its public-facing communications. The term “Facility” (rather than “Plant”) also more broadly describes the site's present and planned functions, including treatment, resource recovery, environmental stewardship, operations, and public education. Please note that the Sunnyvale Cleanwater Program uses the term ‘Cleanwater” as a single word while the proposed name for the Water Pollution Control Plant uses two words “Clean Water”. The Cleanwater Program was branded in 2015.
Moving forward, we recommend using “Clean Water” as two words for the name of the Facility and also the proposed administration/lab/maintenance building (Clean Water Center). This proposed change would be consistent with the terminology used in the 1972 Clean Water Act, with which the facility must comply, and would also better reflect the purpose of the facility, to produce clean water.
Staff also recommends retaining “Cleanwater” in the Cleanwater Program to maintain consistency with existing legal and financial documents, including loans, grants, contracts, and other records, and avoid any potential confusion or issues with those documents.
The timing of the proposed renaming is appropriate because the Sunnyvale Cleanwater Program is substantially rebuilding and modernizing the site. As new facilities are completed, the physical character and operational functions of the site will increasingly differ from those of the original 1956 plant. Establishing a name that reflects the facility's current mission will provide a consistent identity for the modernization effort.
Staff recommend that the Council resolution expressly provides that references in existing agreements, permits, regulatory documents, financing documents, and City records to the Donald M. Somers Water Pollution Control Plant shall be deemed to refer to the Sunnyvale Donald M. Somers Clean Water Facility. This provision would minimize ambiguity and avoid the need to amend every historical reference solely because of the name change.
FISCAL IMPACT
The proposed renaming is not expected to result in a significant fiscal impact. Staff will incur administrative costs associated with updating signage, official documents, public communications, and applicable regulatory and financing records. These activities can be coordinated with ongoing Cleanwater Program work to minimize additional costs.
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.
STAFF RECOMMENDATION
Recommendation
Adopt a Resolution Renaming the Donald M. Somers Water Pollution Control Plant to the Sunnyvale Donald M. Somers Clean Water Facility.
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 people 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.
Prepared by: Mansour Nasser, Assistant Director, Environmental Services Department
Reviewed by: Ramana Chinnakotla, Director, Environmental Services Department
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft Resolution