REPORT TO COUNCIL
SUBJECT
Title
Accept Google LLC's Donation of Voluntary Bicycle and Pedestrian Facility Improvements on Borregas Avenue Between Humboldt Court and Gibraltar Drive with an Estimated Construction Cost of $1,550,000 and Find Action Exempt from the California Environmental Quality Act
Report
BACKGROUND
Borregas Avenue is a north-south Commercial/Industrial Collector within the Moffett Park area north of State Route 237. It connects Caribbean Drive, Java Drive, and Moffett Park Drive. Borregas Avenue has a speed limit of 35 miles per hour. It consists of one travel lane and an on-street Class II bicycle lane in each direction, with existing on-street parking on the west side of the street and continuous sidewalk on both sides of the street. The land use along Borregas Avenue is primarily office, research, and development, as well as industrial developments.
In 2022, Google LLC (Google) approached the City with a request to install voluntary improvements along Borregas Avenue between Humboldt Court and approximately 200 feet north of Gibraltar Drive. The project includes the removal of the existing southbound Class II/IIB bicycle lane along the project segment, shifting the existing curb to narrow the curb-to-curb roadway width, while upgrading the bike facility to a 10-foot wide two-way Class IV separated bikeway on the west side of Borregas Avenue; the existing northbound Class II bike lane would remain.
The project also includes replacing four existing curb ramps, installing one new high-visibility crosswalk, one new touchless pedestrian-activated, solar-powered, rectangular rapid-flashing beacon (RRFB) system, one on-street ADA parking space on Gibraltar Court pursuant to Public Right-of-Way Accessibility Guidelines, and five new streetlights. Additionally, it includes the installation of pavement markings, signage, and striping to support the new Class IV facility, as well as the installation of updated crosswalks.
The proposed improvements include preserving the existing City sidewalk and street trees, while removing one existing on-street parking space in advance of the existing crosswalk on Borregas Avenue at Gibraltar Drive to comply with Assembly Bill 413 (effective January 2025). The project will also relocate an existing RRFB system to align with the new curb ramp location. Google has retained the services of a professional engineering firm to prepare plans suitable for the construction of the voluntary improvements.
EXISTING POLICY
General Plan, Chapter 3, Land Use and Transportation Element:
• LT-3.6: Promote modes of travel and actions that provide safe access to city streets and reduce single-occupant vehicle trips and trip lengths locally and regionally.
The order of consideration of transportation users shall be:
(1) Pedestrians
(2) Non-automotive (bikes, three wheeled bikes, scooters, etc.)
(3) Mass transit vehicles
(4) Single-occupant automobiles
• LT-3.8: Prioritize safe accommodation for all transportation users over non-transport uses. As city streets are public spaces dedicated to the movement of vehicles, bicycles, and pedestrians, facilities that meet minimum appropriate safety standards for transportation uses shall be considered before non-transport uses are considered.
• LT-3.9: As parking is the temporary storage of transportation vehicles, do not consider parking a transport use of public streets.
• LT-3.22: Provide safe access to city streets for all modes of transportation. Safety
considerations of all transport modes shall take priority over capacity considerations of any one transport mode.
Complete Streets Policy (No. 793-16):
• Resolution No. 896-18 (amending Resolution No. 793-16): The City wishes to improve its commitment to Complete Streets and desires that its streets form a comprehensive and integrated transportation network promoting safe, equitable, and convenient travel for all users while preserving flexibility, recognizing community context, and using the latest and best design guidelines and standards.
City Council Policy 7.1.5 Grants, Donations, Contributions and Sponsorships
For donations, contributions or sponsorships with values of $100,000 or more, as estimated
by the donor, a Report to Council will be written outlining its purpose and the advantages and
disadvantages prior to acceptance. Authority to accept any such donation, contribution or
sponsorship shall rest with the City Council. For monetary donations, it will be stated in the
Report to Council if the gift is a onetime contribution for a specific purpose or a contribution
where the principal could be invested and the interest used to support all or part of a special
project or program for a number of years.
ENVIRONMENTAL REVIEW
The action to accept the donation is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c) for existing streets, sidewalks, bicycle lanes and facilities involving negligible or no expansion and that does not create additional automobile lanes. The CEQA document will be filed at the County Recorder’s Office prior to the start of construction activities.
DISCUSSION
Google has voluntarily committed to implementing bicycle and pedestrian facility improvements on Borregas Avenue between Humboldt Court and approximately 200 feet north of Gibraltar Drive for the benefit of the community. Attachment 2 illustrates the proposed improvements. Both the Sunnyvale Active Transportation Plan, adopted in 2020, and the Moffett Park Specific Plan, adopted in 2023, call for a Class IV separated bicycle bikeway on Borregas Avenue; therefore, the proposed project aligns with both of the adopted plans. All improvements are entirely within the existing right-of-way or existing City easements and are therefore under the City’s jurisdiction.
The estimated value of these improvements based on the engineer’s probable construction cost is $1,550,000. Per City Council Policy 7.1.5 - Grants, donations, Contributions and Sponsorships, authority to accept any contributions with values of more than $100,000 shall rest with the City Council. If the City Council accepts this donation, then Google estimates that construction may start as soon as October 2025.
FISCAL IMPACT
Installation of the proposed project will be fully funded by Google. Upon acceptance of the improvements, the City will be responsible for the maintenance of the facility, except for certain non-standard infrastructure elements (such as wayfinding elements, lighting, decorative elements, and on-site parking protection), which will be maintained by Google as part of a separate Borregas Green Link Maintenance Agreement.
The following items will be maintained and replaced by the City:
• Striping Improvements Maintenance
o Department of Public Works Paving and Concrete Maintenance Program - 13200
§ Install thermoplastic striping after the roadway is resurfaced each time = $4,800
§ The proposed project will reduce the curb-to-curb width needing pavement maintenance, therefore, can be absorbed by the Paving Program
o Department of Public Works Street Operation Division Street Lights, Signs and Debris Program - 13303
§ Material cost for paint every two years = $220
§ Staff time = a two-person crew, working two hours every two years
• Curb Ramps Maintenance
o Department of Public Works Street Operations Division Program 13200 - Pavement and Concrete Maintenance
• Class IV facilities Maintenance
o Department of Public Works Street Operations Division Program 13200 - Pavement and Concrete Maintenance
• RRFB Maintenance
o Department of Public Works, Transportation and Traffic Division Program: 13103 Traffic Signal Operations and Maintenance
§ Annual maintenance cost = $700
• RRFB Replacement
o Project 825730 - Pedestrian Lighted Crosswalk Maintenance and Replacement
§ Lifespan of the new RRFB system = 20 years
§ Replacement cost = $80,000
The additional operating costs will be added during the FY 2026/27 operating budget cycle upon completion and acceptance of the improvements. The RRFB replacement costs will need to be increased in Project 825730 - Pedestrian Lighted Crosswalk Maintenance and Replacement during the FY 2027/28 projects budget cycle.
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.
RECOMMENDATION
Recommendation
Accept Google LLC's donation of voluntary bicycle and pedestrian facility improvements on Borregas Avenue between Humboldt Court and Gibraltar Drive, with an estimated construction cost of $1,550,000, and find the action exempt from the California Environmental Quality Act.
JUSTIFICATION FOR RECOMMENDATION
Staff believe that installing a Class IV separated bikeway will provide a more comfortable facility for bicyclists by physically separating them from vehicular traffic. Additionally, the proposed Rectangular Rapid Flashing Beacon system has been proven to be a safety enhancement at uncontrolled crosswalks. It increases pedestrian awareness by alerting approaching drivers that someone may be crossing when the beacons are flashing. This helps reduce the risk of rear-end collisions by encouraging vehicles to yield to pedestrians, thereby improving overall pedestrian safety. These improvements are consistent with the recommendations in both the Active Transportation Plan and the Moffett Park Specific Plan, and will strengthen bike connectivity in the area.
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
___ 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: Lillian Tsang, Principal Transportation Engineer
Reviewed by: Angela Obeso, Transportation and Traffic Manager
Reviewed by: Chip Taylor, Director, Public Works
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Project Vicinity Map
2. Proposed Improvements
3. Preliminary Estimate Construction Cost