REPORT TO COUNCIL
SUBJECT
Title
First Amendment to Agreement between the City of Sunnyvale and Google to Reimburse the City for the Planning, Development and Engineering Services Related to Google and City Transportation Projects for four additional years
Report
BACKGROUND
On April 5, 2016, the City Council approved an agreement (RTC No. 16-0251) with Google in the amount of $440,000 per year, for three years, to fund a new Transportation Manager and a new Traffic Engineer to expedite traffic projects in the City of Sunnyvale for the Planning, Development and Engineering Services related to Google and City Transportation Projects.
As part of the Agreement, the City agreed to process any Google transportation permits at no cost and that the City will review Google non-transportation related permits (encroachment permit, development permit) to determine any level of fee credit that could be applicable.
The two positions have greatly benefited the City and neighboring communities. These positions have helped facilitate many of the City’s Transportation priorities. Requests from Google do not take priority over other requests processed by the Google-funded staff positions, and no staff is dedicated solely to Google transportation priority projects.
EXISTING POLICY
Pursuant to Council Policy 7.1.5 Grants, Donations, Contributions and Sponsorships, Council approval is required to accept donations exceeding $100,000.
ENVIRONMENTAL REVIEW
The acceptance of a contribution does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
The City seeks to extend the current agreement for an additional four (4) years utilizing the current balance of approximately $440,000 (FY 2019/20) and in the amount of $440,000 per year, for three years, Fiscal Year 2020/21 through Fiscal Year 2022/23.
The City has identified a number of transportation priorities, but due to staffing limitations, those projects have to be implemented over a number of years. Since the City’s existing transportation priorities would also benefit Google employees, Google has offered to fund two positions in the Transportation Division, to help accelerate implementation of those projects. The extension of Google funding would allow for the continuation of the Transportation and Traffic Manager and Traffic Engineer positions, for a period of four additional years at a cost of $440,000 a year. The proposed positions would help facilitate a number of transportation priorities including, but not limited to the following:
• Active Transportation Plan
• Mary Avenue Overcrossing
• Intelligent Transportation Systems
• The Bernardo Pedestrian and Bicycle Undercrossing
• Caltrain Grade Separations
• Lawrence Expressway Grade Separations
A key example of the benefits of the continued positions is the Caltrain Grade Separations project. The feasibility study was completed and the initial concepts have been moved forward. The continued funding for Traffic and Transportation staffing allows city staff to continue working with partners to improve traffic conditions in the City.
In addition, as part of the Agreement, the City and Google agree to the following items:
• City will process any Google transportation permits at no cost - An example of this is Google’s maintenance work on the Bay Trail.
• City will review Google non-transportation related permits (e.g., encroachment permit, development permit) to determine any level of fee credit that could be applicable. Some encroachment and/or development permits have transportation elements such as traffic control plans and signal design plans that could be covered with the two new positions.
The City maintains, and Google agrees that Google does not have control of Google funded staff position services, or that the staff will be dedicated solely to Google transportation priority projects. The Traffic and Transportation priorities are established by the Director of Public Works, and the City Manager.
FISCAL IMPACT
The funding from Google is earmarked for the continuation of staffing for a new Transportation Manager and a new Traffic Engineer, for three years, at a cost of $440,000 a year. Staff has included the anticipated revenue and an appropriation in the FY 2019/20 Recommended Budget and Long Term Financial Plan for the General Fund for three years.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
ALTERNATIVES
1. Adopt Authorize the City Manager to execute the funding agreement between the City of Sunnyvale and Google as presented by staff.
2. Authorize the City Manager to execute the funding agreement between the City of Sunnyvale and Google, Inc with modifications included by the City Council.
3. Do not authorize the City Manager to execute the funding agreement between the City of Sunnyvale and Google, Inc as presented by staff.
RECOMMENDATION
Recommendation
Authorize the City Manager to Execute the First Amendment to the Agreement between the City of Sunnyvale and Google to Reimburse the City for the Planning, Development and Engineering Services Related to Google and City Transportation Projects for four additional years
Staff
Prepared by: Tamara Davis, Senior Management Analyst
Reviewed by: Chip Taylor, Director, Public Works
Reviewed by: Timothy J. Kirby, Acting Director of Finance
Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENT
1. Original Agreement between Google and the City of Sunnyvale to Reimburse City for Planning, Development, and Engineering Services Related to Google and City Transportation Projects
2. Draft First Amendment to Agreement between the City of Sunnyvale and Google