DATE: May 21, 2024
TO: Paul Buddenhagen, City Manager
FROM: Chadrick Smalley, Community Development Director
SUBJECT: Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute The Third Amendment To The Professional Services Contract With Urban Planning Partners For Preparation Of A CEQA-Compliant Environmental Document For The 5801 Christie Avenue Mixed Use Project, Increasing The Contract Amount By $252,316, For An As Amended Total Not To Exceed $716,558, And Appropriating $252,316 From Unallocated Measure BB Local Streets and Roads Funds (Fund 242) To The Fiscal Year 2023-2024 Operating Budget For Planning Reimbursables - Professional Services (Account 1725-80050)
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute an amendment to the Professional Services Contract with Urban Planning Partners (UPP) for preparing an environmental document consistent with the California Environmental Quality Act (CEQA) for the 5801 Christie Avenue Mixed Use Project, increasing the contract amount by $252,316, for an as-amended total not to exceed $716,558, and appropriating $252,316 in unallocated Measure BB Local Streets and Roads funds (Fund 242) to the Fiscal Year 2023-2024 Operating Budget for Planning Reimbursables - Professional Services (Account 1725-80050).
BACKGROUND
On July 15, 2022, Oxford Properties Group submitted an application to the City 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 UPP to prepare an environmental analysis (as required by CEQA) that evaluates the potential impacts of the Project. UPP’s analysis will include an assessment of impacts and preparation of technical studies to assess potential impacts on a variety of topics. The original contract amount was $315,234. On June 20, 2023, the City executed the First Amendment to the Professional Services Contract to extend the completion time for delivery of services. On July 18, 2023, the City Council adopted Resolution No. 23-093 authorizing execution of the Second Amendment to the Professional Services Contract, increasing the contract amount by $149,008 to $464,242, and amending the scope of work to include analysis of the City’s “Emeryville Loop” Capital Improvement Program (CIP) project (CIP No. SUT-04) 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, counterclockwise.
DISCUSSION
The Third Amendment to the Professional Services Contract with UPP is now necessary because the City has determined that professional civil engineering design services for the Emeryville Loop project are needed. Specifically, the City is seeking the preparation of 10% conceptual drawings and 35% design documents. The revised scope updates the traffic simulation analysis, including updating modeling assumptions to reflect expected travel demand. This work will help the City understand how the Emeryville Loop is likely to operate in real-world conditions.
As the Project frontage along Christie Avenue is included in the Emeryville Loop, the Emeryville Loop must be included in the CEQA analysis.
CEQA requires that all projects be reviewed for their environmental impacts. As the City does not have in-house staff to do such analyses, it routinely enters into contracts with consultants to conduct environmental analysis of projects. As part of the proposed Third Amendment to the Professional Services Contract, UPP will evaluate the Emeryville Loop using methodology outlined in their scope of work dated March 20, 2024.
FISCAL IMPACT
The cost of the environmental analysis of the Project is borne by the applicant as part of the permit/entitlement process. Expenditures under the original contract, First Amendment, and Second Amendment are charged to Division 1725 Planning Reimbursables account 80050 - Professional Services and reimbursed by the Project applicant through the City’s Cost Recovery program.
The proposed Third Amendment will increase the contract amount by $249,585 for costs associated with feasibility analysis and preliminary design of the City’s Emeryville Loop Capital Improvement Program project. The attached resolution appropriates $249,585 in unallocated Measure BB Local Streets and Roads funds (Fund 242) to the Fiscal Year 2023-2024 Operating Budget for Planning Reimbursables - Professional Services (1725-80050), to cover the cost of the proposed 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 execute the Third Amendment to the Professional Services Contract with UPP to add analysis and design of the Emeryville Loop to the scope of work and increase the contract amount by $252,316 for an as-amended amount not to exceed $716,558, and appropriating $252,316 from unallocated Measure BB Local Streets and Roads funds to the Planning Reimbursable budget for professional services.
PREPARED BY: Miroo Desai, Planning Manager
APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:
Paul Buddenhagen, City Manager
ATTACHMENT:
Draft Resolution
Professional Services Contract (PSC) Third Amendment with Exhibit A (UPP Revised Scope of Work March 20, 2024 Urban Planning Partners Contract Third Amendment
City Council Meeting | May 21, 2024
City of Emeryville
CALIFORNIA
MEMORANDUM