City of Emeryville

C A L I F O R N I A

MEMORANDUM

DATE: July 11, 2018

TO: Mayor John Bauters and City Council

FROM: James N. Holgersson, Interim City Manager

SUBJECT: Police Administration Building Update

INTRODUCTION

As you are no doubt aware, citizen Brian Donahue has raised the issue of code
compliance regarding emergency egress from the Police Administration Building at
2449 Powell Street. He has also written about it in his blog, the Emeryville Tattler, has
contacted the East Bay Times, and has submitted a Public Records Act request for
information related to the issue.

It is important to note that the Police Administration Building, as currently constructed

and operated, is in compliance with the Building and Fire codes, with Police Department
staff providing egress assistance, if required, from the second-floor lobby during regular
business hours. In particular, the building is compliant with the Certificate of Occupancy
and may continue to be occupied by members of the public and City staff.

BACKGROUND

The Emeryville Police Department renovation occurred in 2012 and was managed by
the Public Works Department. They followed typical building permit procedures with
architectural plans submitted to the Building Division for plan review and approvals. The
plans were approved and appropriate permits were issued. Following completion of the
project, a member of the public reported a concern that no exits were available from the
second-floor lobby due to a pair of locked doors, which prevents public exiting from one
specific area; however, egress is available through use of the elevator. Building Division
staff verified that the doors had been locked due to changes in Police Department
security policy functions that occurred after completion of the project. The issue does
not affect the overall exiting function of the building, which remains compliant with the
Building and Fire codes.

Contrary to Mr. Donahue’s allegations, the plans were not approved in error.
Inspections were performed by Building Division staff up to final inspection, and a
certificate of occupancy was granted. As is typical for any tenant improvements,
following issuance of a certificate of occupancy, a tenant may choose to make changes
to facilitate their business operations, unaware that these changes may impact the
building’s overall safety functions. The Building Division is rarely notified when such
changes are made.
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Police Administration Building, 2449 Powell Street
July 11, 2018
Page 2 of 3

Finally, Mr. Donahue’s complaint was also received by the Alameda County Fire
Department’s Code Compliance Officer who performed inspection of the public facility
on July 26, 2017. It was determined that the building fire suppression and alarm system
was compliant with the Fire Code upon receipt of the annual fire alarm and five-year
sprinkler report.

Upon receiving the report of Mr. Donahue’s concerns, the Building Division investigated
the situation. Compliance with the Building Code continues to be met with Police
Department staff providing egress assistance, if required, for this specific area during
regular business hours.

DISCUSSION

Balancing public access with police security is always a challenge and as with any
structure there is always the opportunity to reassess and consider how to improve the
public access and egress in the building. Public Works, in coordination with the
Planning and Building divisions and the Police Department, is currently evaluating three
options for improving the public access. These options are briefly outlined below.

Project Design: Public Works is evaluating architectural options for improved public
access within a reasonable cost. After consultation with the Planning and Building
divisions and the Police Department, three potential options have been identified.

1. Modify the existing windows on the north side of the second-floor customer
service lobby to provide a two-way doorway that will connect to a metal stairwell
– to be constructed – that will lead to the sidewalk below. The stairs and doorway
will provide an entrance and exit for customers who wish to walk up to the
customer lobby, and the elevator will remain and will continue to be an alternative
means of accessing the lobby.
2. Create a reception area in the hallway on the first floor adjacent to the elevator.
This would be very small and would require altering a load bearing wall.
3. Build out the front entrance approximately 15 feet into the walkway to create an
entirely new lobby on the first floor. The lobby would have a counter with security
glass, a moveable part to permit access to the area behind the counter and the
elevator, and ample room for visitors to sit while waiting for service. This option
eliminates the need for visitors to come to the second-floor lobby and provides
for a friendlier entrance to the Police Department.

Project Implementation: Public Works will review the three options for functionality,
feasibility, schedule, and estimated cost. These options will then be brought to Council
for consideration and selection of the preferred option. The preferred option will then be
designed and constructed.

Public Works will contract with an architecture and engineering firm with Police Station
experience to design and create plans and specifications for the construction of the
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Police Administration Building, 2449 Powell Street
July 11, 2018
Page 3 of 3

selected option. The project scope will be brought to the City Council at a future meeting
to seek approval to solicit bids for the project.

Following the delivery of plans and specifications, Public Works will file a Minor Design
Review application with the Planning Division, and will file a building permit application
and initiate an expedited plan-check review by the Building Division.

Following receipt of the above approvals, Public Works will solicit bids, per the
requirements of the State Contracting Code, from general contractors who are
experienced in Police Station construction. The contract will be awarded to the lowest
responsible bidder who is available to start and perform the work without schedule
delays or a work backlog that would prevent the work from beginning within 30 days.
This will be dependent upon the availability of contractors, which will not be known until
the project is put out for bid.

The lowest responsible bidder will be awarded the contract by the City Council.
Construction time is dependent on the scheduling by the contractor and weather. A
maximum number of days to construct will be included in the contract to inhibit delays.
The Public Works Department will be closely monitoring each step of the project
process to ensure there is as little slack as possible between steps, given Public Works’
commitment to expediting the project’s delivery.

CONCLUSION

Please contact the City Manager if you have questions, so that they may be directed to
the appropriate staff person.