DATE: July 18, 2023
TO: Paul Buddenhagen, City Manager
FROM: Charles S. Bryant, Community Development Director SUBJECT: Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Second Amendment To The Professional Services Contract With Urban Planning Partners (UPP) Increasing The Total By $149,008 From $315,234 To $464,242 For Preparation Of A CEQA Compliant Environmental Document For The 5801 Christie Avenue Mixed Use Project Located At 5801 And 5681 Christie Avenue And Appropriating $49,008 In Expenditures To Division 1725, “Planning Reimbursables”, Account 80050, Professional Services
RECOMMENDATION
Staff recommends that the City Council approve the attached resolution authorizing the City Manager to execute a Second Amendment to the Professional Services Contract with Urban Planning Partners (UPP) increasing the total by $149,008 from $315,234 to an amount not to exceed $464,242 for preparing an environmental document consistent with the California Environmental Quality Act (CEQA) for the 5801 Christie Avenue Mixed Use Project, and appropriating $49,008 in expenditures to Division 1725, “Planning Reimbursables”, Account 80050, Professional Services.
BACKGROUND
On July 15, 2022, Oxford Properties Group submitted an application for a Use Permit and Design Review Permit to construct a 9-story, 90-foot-high residential tower with 94 units, a 12-story, 202-foot-high commercial tower with approximately 425,100 square feet of research and development and office space, and a parking structure accommodating 566 parking spaces, on a 3.76-acre site at 5801-5861 Christie Avenue (the “Project”). Subsequently, on September 20, 2022, the City Council adopted Resolution No. 22-123 authorizing the City Manager to execute a Professional Services Contract with Urban Planning Partners (UPP) to prepare an environmental analysis under the California Environmental Quality Act (CEQA) that evaluates the potential impacts of the Project. Their analysis will include an assessment of impacts in a number of areas, and preparation of technical studies to assess potential impacts on a variety of topics. This was followed by a First Amendment to the Professional Services Contract on June 20, 2023, that was approved administratively to extend the completion time of delivery of services.
DISCUSSION
A Second Amendment is now necessary because the City has determined that the proposed “Emeryville Loop” needs to be included in the environmental analysis of the Project. The Emeryville Loop would modify the roadway in the vicinity of the Project through construction of new two-way Class IV separated bikeway facilities, one new midblock crossing, and dedicated transit lanes. As a part of these improvements, operations for vehicles in the loop would be converted to one-way counter-clockwise. As the Project frontage along Christie Avenue is included in the Emeryville Loop and staff is recommending that the Project’s required development bonus points be obtained by contributing to its design and construction, the Loop is considered part of the Project for CEQA purposes and must be included in the CEQA analysis.
The California Environmental Quality Act (CEQA) requires that all projects be reviewed for their environmental impacts. As the City does not have in-house staff to do such analysis, it routinely enters into contracts with consultants to conduct environmental analysis of projects. UPP will evaluate the Emeryville Loop using methodology outlined in their scope of work dated June 19, 2023.
FISCAL IMPACT
The cost of the environmental analysis is borne by the applicant as part of the permit/entitlement process. The additional $149,008 will be offset by planning fees charged to the applicant. The contract expenditures will be charged to Division 1725, “Planning Reimbursables”, Account 80050, Professional Services, and reimbursed by the project applicant through the City’s Cost Recovery program. The fiscal year 2023-24 budget adopted by the City Council on June 6, 2023 includes $100,000 for Professional Services in Division 1725. Therefore, the attached resolution appropriates an additional $49,008 to this line item to cover the cost of this contract amendment. Applicants for cost recovery projects pay a 10% administrative fee on professional services expenses; therefore, the revenue necessary to cover the cost of this contract amendment is $163,909. The fiscal year 2023-24 budget includes $418,600 of revenues in Account 58760, Planning Reimbursements, which is sufficient to cover the cost of this contract amendment.
STAFF COMMUNICATION WITH THE PUBLIC
There was no communication with the public on this agenda item.
CONCLUSION
Staff recommends that the City Council adopt the attached Resolution authorizing the City Manager to enter into a Second Amendment to the Professional Services Contract with Urban Planning Partners increasing the total by $149,008 from $315,234 to an amount not to exceed 4464,242, and appropriating $49,008 in expenditures to Division 1725, “Planning Reimbursables”, Account 80050, Professional Services.
PREPARED BY: Miroo Desai, Principal Planner
APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:
Paul Buddenhagen, City Manager
ATTACHMENT:
Draft Resolution, including Exhibit A, Second Amendment to Professional Services Contract with UPP Urban Planning Partners Second Amendment to Contract for 5801 Christie Avenue Mixed-Use Project City Council Meeting | July 18, 2023
City of Emeryville
CALIFORNIA
MEMORANDUM