RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Accept An In-Lieu Payment From Quarterra Inc. For 40th Street Level 5 Traffic Calming Treatments In The Amount Of $310,001 As Fulfillment Of Condition Of Approval III.A.4.e For The Sherwin Williams Mixed Use Project SUBDIV 16-002 WHEREAS, as required by the Conditions of Approval for the Sherwin Williams Mixed Use Project SUBDIV 16-002, Quarterra Inc. (formerly Lennar Multifamily Communities) developed a conceptual plan for Level 5 traffic calming treatments on the Horton Street Bicycle Boulevard and, on July 20, 2021, the City Council directed final design implementation of this conceptual plan; and
WHEREAS, on July 18, 2023, in consideration of the 40th Street Multimodal Project, the City Council directed staff to further study the design concept of eliminating vehicular access to and from westbound 40th Street at Hubbard Street and Haven Street and eliminating vehicular access from southbound Watts Street and Holden Street to westbound 40th Street; and
WHEREAS, during the development of the final design of the Level 5 traffic calming treatments associated with the Sherwin Williams Conditions of Approval, it became evident that a coordinated design approach between the two projects is necessary to provide holistic solutions for the entire area; and
WHEREAS, the 40th Street Multimodal Project is currently at 35% design completion which does not allow enough time for a coordinated design to be finalized and for Quarterra to complete construction by the Level 5 traffic calming treatment deadline of May 2024 which is defined as within one year of the temporary certificate of occupancy of the last building to be occupied; and
WHEREAS, by accepting an in-lieu payment from Quarterra the City can implement improvements on 40th Street that incorporates the vision for the multimodal corridor and adjoining neighborhoods; and
WHEREAS, staff and Quarterra Inc. find it mutually agreeable for Quarterra to make an in-lieu payment for the Level 5 improvements associated with Sherwin Williams Mixed Use Project SUBDIV 16-002 as fulfilment of Condition of Approval III.A.4.e. This payment will be allocated to the 40th Street Multimodal Project budget; and WHEREAS, the valuation for the Horton Street and 40th Street intersection Level 5 traffic calming treatment improvements as proposed by Quarterra and assessed for accuracy by Emeryville staff is $310,001 and will be allocated to the 40th Street Multimodal Project budget upon receipt; now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville authorizes the City Manager to accept an in-lieu payment from Quarterra Inc. for 40th Street Level 5 traffic calming treatments in the amount of $310,001 as fulfillment of Condition of Approval III.A.4.e for the Sherwin Williams Mixed Use Project SUBDIV 16-002
DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4 Resolution No. _____
Level 5 In-Lieu-Quarterra
City Council Meeting | November 21, 2023
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, November 21, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4