RESOLUTION NO. _____
Resolution Of The City Council Of The City of Emeryville Authorizing The City Manager To Enter Into A Reimbursement Agreement With BRE-BMR Emeryville Center Of Innovation Holdco LP For The Purpose Of Spending Up To $47,500 To Provide Full Traffic Signal Infrastructure And Fiber Optic Connections On Horton Street And Appropriating $47,500 From Fund 250-Traffic Impact Fee To Fund The Cost Of The Agreement
WHEREAS, on August 15, 1995, the City Council approved Ordinance No. 95-006 adopting the Chiron Planned Unit Development/ Preliminary Development Plan Planned Unit Development" or "PUD") for Chiron's large life sciences campus. The PUD encompasses most of the area bounded by Hollis Street, 45th Street, Stanford Avenue and the railroad; and
WHEREAS, the PUD called for construction of 14 new buildings, including 7 laboratory buildings, 3 office towers, structured parking, and support facilities over a 30-year period.
City also approved a Development Agreement by and between the City of Emeryville and Chiron Corporation dated September 14, 1995 which was approved by Ordinance No. 95-007 ("Development Agreement" or "DA") and the DA was entered into to, among other things, foster orderly growth and quality development in the Project area, provide public services, improve public safety in the area, and address public infrastructure needs; and WHEREAS, on February 25, 2021, the Planning Commission for the City adopted Resolution No. FDP 19-002, BMR Emeryville Center for Innovation Final Development Permit subject to certain Conditions of Approval (“FDP”); and WHEREAS, the FDP approved the demolition of two existing buildings and surface parking and construction of four new multi-tenant research and development buildings and supporting parking garage as part of implementation of the PUD; and WHEREAS, these project approvals may be amended from time to time; and WHEREAS, the project approvals require Developer to construct a High Intensity Activated Crosswalk (HAWK) signalized crosswalk between the two vehicular exits of the Building B13/14 garage structure in order to provide improved safety for bicycle and pedestrian traffic crossing through the northern garage exit and entrance. However, the Developer and City Engineer desire to install a full traffic signal in lieu of the HAWK signal and the City further desires that the garage traffic signal be fiber interconnected, via fiber optics, to the traffic signal at the intersection of 53rd and Horton Street which the Developer is also required to build; and
WHEREAS, since the project approvals only require a HAWK signal rather than a full signal, and since the City desires to pay Developer the cost to upgrade the signal to a full signal and install the appropriate fiber optics, City staff determined that the cost of this upgrade would be $47,500; and
DocuSign Envelope ID: 58385178-6E18-4D61-BE13-CD4B07CDBA7E Resolution No. _____
BMR Reimbursement Agreement
City Council Meeting | January 16, 2024
WHEREAS, City staff believes this $47,500 to be a reasonable expense that would upgrade the signals’ functionality and operation, promote public safety, and provide longterm benefits; and WHEREAS, there is available funding in Fund 250 – Traffic Impact Fee to cover the cost of this interconnect infrastructure; now, therefore, be it RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to enter into a Reimbursement Agreement with BRE-BMR Emeryville Center of Innovation Holdco LP for the purpose of providing traffic signal interconnect infrastructure for new signals on Horton Street and appropriating $47,500 from Fund 250- Traffic Impact Fee to fund the cost of the agreement.
ADOPTED, by the City Council of the City of Emeryville at a special meeting held Tuesday, January 16, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 58385178-6E18-4D61-BE13-CD4B07CDBA7E