REPORT TO COUNCIL
SUBJECT
Title
CONTINUED FROM NOVEMBER 12, 2024
Approval of Murphy Avenue Pedestrian Mall Concept
Report
BACKGROUND
On February 7, 2023 (RTC No. 23-0144), the City Council adopted a Resolution of Intent to establish a pedestrian mall on the 100 block of South Murphy Avenue (Historic Murphy Avenue). The City Council subsequently established the pedestrian mall by resolution adopted on May 16, 2023 (RTC No. 23-0359) and adopted Ordinance No. 3214-23 on May 23, 2023, which prohibits riding or operating a bike, motor driven cycle or motor scooter on Historic Murphy Avenue (RTC No. 23-0625). At those Council meetings, City staff shared a preliminary design concept to provide for increased accessibility to restaurants and outdoor dining areas on Historic Murphy Avenue in compliance with the Americans with Disabilities Act (ADA). The initial intent was to slope the existing parking bays to provide a continuous ramp from the sidewalk to street-level dining.
After further review by staff of the existing conditions and the new federal Public Right-of-Way Accessibility Guidelines (PROWAG) adopted by the Federal Department of Transportation in July 2024, along with general Americans with Disabilities Act (ADA) Title II and Title III standards, it was determined that sloping the parking bays would not provide compliant access, nor optimize the space for street-level dining. Because Murphy Avenue is a public roadway, the recently adopted PROWAG document will govern for accessibility as it gives specific guidance and details around providing accessibility specifically in the public right-of-way focusing on curb ramps and sidewalks. The general ADA provides high-level guidance without details on how to address accessibility in the public right-of-way. The California Building Code (CBC) governs accessibility on private property.
The PROWAG has taken over a decade to finalize. In August 2023, the Federal Architectural and Transportation Barriers Compliance Board (Access Board) released the PROWAG guidelines. In January 2024, knowing that the document was going to be adopted later in 2024, City staff hired a consultant specialized in PROWAG compliance to identify required accessibility improvements and best practices to implement a pedestrian mall. The revised and simplified design concept includes four (4) new locations for curb ramp access from the sidewalk down to street-level dining. The revised Conceptual Site Plan for locations of proposed curb ramps is attached to this report as Attachment 1.
The City solicited proposals from design consultants through the approved on-call consultant list, and chose Mark Thomas & Company, Inc. to design the Murphy Avenue Pedestrian Mall Improvements in September 2024. Preparation of a design to implement an accessible pedestrian mall has begun.
EXISTING POLICY
General Plan Chapter 3: Land Use and Transportation
GOAL LT-11. SUPPORTIVE ECONOMIC DEVELOPMENT ENVIRONMENT
Facilitate an economic development environment that supports a wide variety of businesses and promotes a strong economy within existing environmental, social, fiscal, and land use constraints.
Council Policy 1.1.10 - Use of the Public Sidewalk on the 100 Block of South Murphy Avenue
POLICY PURPOSE: The City is committed to the preservation and enhancement of the 100 Block of Historic South Murphy Avenue as Sunnyvale's “Main” Street. This policy is intended to promote the attractive commercial and historic environment of Murphy Avenue by allowing private use of the public street and sidewalk, while ensuring a successful streetscape and protection of the general public.
ENVIRONMENTAL REVIEW
Historic Murphy Avenue is located within Block 2 of the Downtown Specific Plan (DSP). On August 11, 2020, City Council certified an Environmental Impact Report (DSP EIR) (State Clearinghouse No. 2018052020), adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations for the DSP amendments and six specific development projects. The DSP EIR provides a program-level review of the 2020 DSP amendments, which intensified the allowable development on six project sites. The 2020 amendments also included a comprehensive update of the DSP’s goals, policies, and design standards. On February 14, 2023, the City Council adopted an Addendum to the DSP EIR to allow for additional residential units and office square footage on Block 20 of the DSP.
The proposed pedestrian mall project was reviewed using an environmental checklist. The analysis in the checklist concluded that the proposed pedestrian mall would not be a substantial change from the types of uses and activities that were analyzed in the previously certified program EIR. No new mitigation measures were proposed. Consequently, a Second Addendum to the 2020 DSP EIR was prepared and accepted by the City Council on May 16, 2023. The Addendum did not specify a particular design but generally disclosed that the pedestrian mall would include “designated areas for outdoor dining, emergency access, and accessible pedestrian routes.” (Second Addendum, page 5, “Project Description”) Therefore, the changes to the design concepts that were discussed at the February 7, 2023, and May 16, 2023, Council meetings are within the scope of the Second Addendum and do not require further environmental review.
See Attachment 3 for a copy of the Second Addendum to the Downtown Specific Plan EIR.
DISCUSSION
On May 16, 2023, the Council voted unanimously to establish a pedestrian mall on the 100 Block of South Murphy Avenue, also known as Historic Murphy Avenue, between W. Washington Avenue and W. Evelyn Avenue. Among other things, the Murphy Avenue Pedestrian Mall Improvements project intends to install required accessibility improvements along Historic Murphy Avenue and accommodate outdoor dining at both the sidewalk and street levels.
Based on two completed accessibility reports assessing Public Right-of-Way Accessibility Guidelines (PROWAG), California Building Code (CBC), and the Americans with Disabilities Act (ADA) requirements for Historic Murphy Avenue, it was determined that four (4) new curb ramps are required along Historic Murphy Avenue for compliance. There are also existing drainage grates that will be replaced with ADA-compliant grates and a 6-foot-wide pedestrian pathway that will be delineated down the center of Historic Murphy Avenue (via replacement of colored pavers) along with all required signage and physical delineators to aid persons of all abilities to navigate the pedestrian mall safely. Pedestrians will be guided from the colored paver pathway to the curb ramps at each end of the pedestrian mall via contrasting colored tactile tiles, in order to safely cross Washington and Evelyn Avenues.
Additionally, the project will install permanent bollards along the flush sidewalk areas (e.g. curb ramps) at each end of Historic Murphy Avenue to restrict vehicle access. Design of the proposed bollards will match the aesthetics of Historic Murphy Avenue as detailed in the City’s standard details for Downtown. Construction at the intersections with Washington and Evelyn Avenues will also include restriping to remove the left turn pockets.
To further improve the pedestrian mall for visitors, existing bike racks within Historic Murphy Avenue will be relocated to each end of the street. Opportunities to locate and cluster bike parking serving Historic Murphy Avenue will be further reviewed in the design phase. Other recommended improvements include the removal of one newsstand and all existing planter pots due to them posing a tripping hazard, as well as relocation of some existing benches to improve overall accessibility and optimize outdoor dining on the pedestrian mall.
Design and creation of construction documents for bidding would occur immediately following concept approval. Construction is anticipated in Fall 2025, with completion over that winter.
FISCAL IMPACT
Budgeted funding is available in Project 836660 - Murphy Avenue Pedestrian Mall Improvements. The project budget financial summary is included as Attachment 2 to this report.
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 NOVA Workforce Services 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 also presented to the Sunnyvale Downtown Association (SDA) at their regularly scheduled Board Meeting on February 14, 2024, via Zoom to update businesses on the design change from sloped parking bays to curb ramps due to new federal PROWAG requirements being adopted in July 2024. Staff then presented the Revised Conceptual Site Plan for questions and feedback at a Special Meeting to the SDA on October 28, 2024.
ALTERNATIVES
1. Approve the Murphy Avenue Pedestrian Mall concept as depicted in Attachment 1 to the report.
2. Do not approve the Murphy Avenue Pedestrian Mall concept as depicted in Attachment 1 to the report and provide other direction to staff as the Council deems appropriate.
STAFF RECOMMENDATION
Recommendation
Staff recommends approval of the Murphy Avenue Pedestrian Mall concept as depicted in Attachment 1 to the report.
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 $250 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
_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: Marlon Quiambao, Senior Engineer
Reviewed by: Jennifer Ng, Assistant Director of Public Works
Reviewed by: Chip Taylor, Director of Public Works
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Revised Conceptual Site Plan
2. Project 836660 - Murphy Avenue Pedestrian Mall Improvements Budget Financial Summary
3. Second Addendum to the Downtown Specific Plan EIR