REPORT TO COUNCIL
SUBJECT
Title
Amend the Consultant Services Agreement with Ascent Environmental, Inc. to Increase Maximum Compensation by $85,680 for a New Not-to-Exceed Amount of $430,625 and Approve Budget Modification No. 16 in the Amount of $73,243 for Preparation of the Village Center Master Plan
Report
BACKGROUND
The Village Center concept was added to the Land Use and Transportation Element (LUTE) update from 2017. A Village Center is a specifically identified neighborhood crossroad or district nucleus that is planned to become the focus of activity and future transformative change for nearby neighborhoods. It is intended to support a lifestyle with less reliance on a private automobile. The LUTE called for development of a separate plan for each of the seven Village Centers. This requirement proved to be inconsistent with California permit streamlining laws (for individual property owners in the areas identified as Village Centers). Staff proposed the development of a Village Center Master Plan for all the Village Centers to give better guidance to property owners and to make the process clearer.
In 2021, the City received a Local Early Action Planning (LEAP) grant from the Department of Housing and Community Development in the amount of $500,000. The grant funds were used for three projects: the Housing Element update, participation in the Santa Clara County Planning Collaborative and creation of the Village Center Master Plan. The Housing Element and Santa Clara County Planning Collaborative items have been completed.
On November 1, 2022, the City entered into a Consultant Services Agreement with Ascent Environmental, Inc. under the City Manager’s authority to provide professional services assistance for the Preparation of the City of Sunnyvale’s Village Center Master Plan. Ascent Environmental, Inc. was selected after a competitive solicitation of a Request for Proposals (RFQL F20-113). The Village Center Master Plan was allocated $249,945 from the LEAP grant.
In June 2023, the City Council approved a contract amendment of $95,000 for a new not-to-exceed amount of $344,945 and appropriated $34,445 in the General Fund under Budget Modification No. 23 for additional work on public outreach, meetings and management (RTC No. #23-0562).
Development of the Village Center Master Plan has proven to be more complex than expected especially as additional State housing laws have affected the planned land uses for Village Center sites. Staff is currently reviewing an administrative draft of the document with anticipated public hearings in June/July 2025. Based on discussions with the consultant (Ascent Environmental, Inc.), an additional $85,680 will be required to finish the project, which includes making the document compliant with the Americans with Disabilities Act (ADA) for posting on the City’s website.
EXISTING POLICY
Pursuant to Sunnyvale Charter Section 1305, at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by affirmative votes of at least four members so as to authorize the transfer of unused balances appropriated for one purpose to another, or to appropriate available revenue not included in the budget.
Sunnyvale General Plan
Land Use and Transportation Element
GOAL LT-4: An Attractive Community for Residents and Businesses
Policy LT-4.2: Encourage nodes of interest and activity, public open spaces, well-planned development, mixed-use projects, signature commercial uses, and buildings and other desirable uses, locations, and physical attractions
GOAL LT-7: Diverse Housing Opportunities
Policy LT-7.4: Promote new mixed-use development and allow higher-residential density zoning districts (medium and higher) primarily in Village Centers, El Camino Real nodes, and future industrial-to-residential areas.
GOAL LT-14: Special and Unique Land Uses to Create a Diverse and Complete Community
Policy LT-14.3b: Prepare a special area plan for each of the Village Centers to provide focused land use, transportation, and design standards, policies, and guidelines.
ENVIRONMENTAL REVIEW
The action being considered is funding to complete a study and a draft plan and does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it is a fiscal and administrative action that has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. CEQA review will be completed as part of the process for preparation of the draft plan and considered prior to approval of the Village Center Master Plan.
FISCAL IMPACT
Budget Modification No. 16 has been prepared to appropriate $73,243 from the General Fund Budget Stabilization Fund to Project 835720 - 2023 Housing Element Update to complete the project.
The City receives a General Plan Maintenance Fee, which is applied to all building permit applications. The revenue from this fee is recorded in the General Fund and is intended to update and implement the General Plan. In FY 2023/24 the City received $1,063,697 in General Plan Maintenance Fee revenue. Completion of the Village Center Master Plan would implement the Land Use and Transportation Element.
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
Approve Budget Modification No. 16 to amend Project 835720 (titled Housing Element Update) in the amount of $73,243 to complete the Village Center Master Plan and approve a contract amendment with Ascent Environmental, Inc. for a new not-to-exceed amount of $430,625 for additional project tasks.
JUSTIFICATION FOR RECOMMENDATION
The Village Center Master Plan will establish development procedures for the seven designated Village Centers in the City.
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
X 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
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Shaunn Mendrin, Planning Officer
Reviewed by: Trudi Ryan, Director, Community Development Department
Reviewed by: Kurtis Mock, Budget Manager
Reviewed by: Dennis Jaw, Assistant Director of Finance
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Sunnyvale Village Center Master Plan Revised Scope of Work
2. Draft Second Amendment to Consultant Services Agreement