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Council adopts IS/MND and authorizes bids for $34.1M 40th Street multimodal project after heated public comment
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Summary
After extensive public comment, the council adopted the CEQA initial study/mitigated negative declaration, authorized advertising for construction bids, and approved traffic regulations for the 40th Street multimodal project; the project is estimated at about $34.1M, largely grant‑funded, and passed 3–1 with one recusal.
The Emeryville City Council voted to adopt the final initial study and mitigated negative declaration (IS/MND) for the 40th Street multimodal project, authorize the city engineer to advertise the project for construction bids, and approve traffic regulations necessary to implement the design.
Senior civil engineer Ryan O’Connell presented the project’s history and scope: nearly a decade of planning and outreach, a corridor redesign focused on safety and multimodal connectivity, and an estimated total cost of approximately $34.1 million for design and construction. Staff said the project is largely funded by outside grants — several regional, state and one federal grant — with approximately 6% of the cost coming from city funds. O’Connell also summarized an IS/MND circulated for public review from Nov. 24, 2025 through Jan. 7, 2026, during which the city received 55 comments; staff compiled responses to those comments in Attachment B to the staff report.
Council and staff discussed technical details: traffic counts used for modeling were collected in 2023 and 2024; planned cross‑sectioning on 40th Street includes one westbound general‑purpose lane and one westbound transit‑only lane, two eastbound general‑purpose lanes plus an eastbound transit lane, and weekday transit‑only lanes on Shellmound Street that revert on weekends. Staff said emergency vehicles can use transit lanes during emergencies and that the design has been coordinated with emergency responders.
Public comment drew sharp divisions. Supporters — including transit and bicycle advocates and residents who use the corridor — argued the project will improve safety for pedestrians, bicyclists and transit users and advance climate and equity goals. Opponents — including multiple Emeryville property owners and business representatives, disability advocates from the 1440 By The Bay assisted‑living facility, and some former elected officials — urged the council to require a full environmental impact report (EIR). Concerns cited in public comment included potential truck‑turning conflicts, loss of parking, emergency access and cumulative impacts from major regional developments (speakers raised Tokyo Central retail and the Sutter Health project as examples not fully reflected in traffic modeling).
Several commenters representing large retail centers and property owners said the city’s outreach did not adequately engage big retail stakeholders and asked the council to pause for updated economic and traffic impact studies before authorizing construction bidding. Disability advocates from 1440 By The Bay argued the proposed two‑way cycle track increases risk for mobility‑impaired residents crossing to transit stops and questioned whether mitigations meet ADA expectations.
Staff replied that the corridor location and design are grounded in the city’s general plan and active transportation plan and that grant funding and past council direction supported placing the multimodal improvements on 40th Street rather than alternate corridors such as Park Avenue. Staff also said reasonably foreseeable but undefined private projects (for example, a hospital) cannot be modeled until the private applicant submits a defined development application; when that occurs the applicant will be required to prepare a traffic impact analysis that includes the city’s project as part of the baseline.
Council debate reflected those tensions. Several council members emphasized safety, grant leverage, and the project’s regional connectivity and moved to approve the staff recommendations. Mayor Carr voiced concern about the lack of updated traffic and economic analyses in light of recent developments and said she would not support the approval as presented. The final roll call was: Council member Mora — Aye; Council member Preyfors — recused; Council member Welch — Aye; Vice Mayor Solomon — Aye; Mayor Carr — Nay. The motion carried (3 ayes, 1 nay, 1 recusal).
With the IS/MND adopted, staff will proceed with the bidding phase, complete Caltrans and funding agency processes, and return to council to award a construction contract once bids are received. Staff estimated construction would begin in late 2026 with a two‑year construction window and completion around late 2028.
