Emeryville City Council
January 20, 2026

NOTE 4 – TRANSFERS FROM THE CITY
During fiscal year 2025, the City transferred $50,000 into the Measure F Program Fund to support street rehabilitation and preventative maintenance.

NOTE 5 – COMMITMENTS AND CONTINGENCIES
The City participates in several grant programs. These programs may be subject to further examination by the grantors and the amount of expenditures, if any, which may be disallowed by the granting agencies, and cannot be determined at this time. The City expects such amounts, if any, to be immaterial.
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INDEPENDENT AUDITOR’S

REPORT ON VEHICLE REGISTRATION FEE (VRF)

MEASURE F PROGRAM COMPLIANCE
To the Honorable Members of the City Council
City of Emeryville, California
Report on Compliance for Measure F Program
Opinion on Compliance for Measure F Program
We have audited the City of Emeryville’s (City) compliance with the requirements of laws, regulations, contracts, and grants specified in the Master Programs Funding Agreement between the City and the Alameda County Transportation Commission (Funding Agreement) that could have a direct and material effect on the Alameda County Transportation Commission Measure F Program for the year ended June 30, 2025.

In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on Measure F Program for the year ended June 30, 2025.

Basis for Opinion on the Measure F Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards), and requirements specified in the Funding Agreement. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for the Measure F Program.

Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the Measure F Program.
11 Auditor’s Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards and requirements specified in the Funding Agreement will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of the Measure F Program as a whole.

In performing an audit in accordance with GAAS, Government Auditing Standards and the Funding Agreement, we
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. • Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the requirements referred to above, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Report on Internal Control Over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of the Measure F Program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of the Measure F Program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of the Measure F Program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.
12 Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

We have also issued a separate Memorandum on Internal Control dated December 23, 2025 which is a critical part of our audit and should be read in conjunction with this report.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements, specified in the Master Programs Funding Agreement between the City and the Alameda County Transportation Commission. Accordingly, this report is not suitable for any other purpose.

Pleasant Hill, California
December 23, 2025
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INDEPENDENT ACCOUNTANT’S REPORT ON

APPLYING AGREED UPON PROCEDURES FOR
COMPLIANCE WITH THE PROPOSITION 111
2024-2025 APPROPRIATIONS LIMIT INCREMENT
Honorable Mayor and Members of the City Council
City of Emeryville, California
We have performed the procedures enumerated below on the Appropriations Limit Worksheet (Worksheet) of the City of Emeryville, California, for the year ended June 30, 2025. The City’s management is responsible for the Worksheet.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of these procedures, which were suggested by the League of California Cities and presented in their Article XIIIB Appropriations Limitation Uniform Guidelines, were performed solely to assist you in meeting the requirements of Section 1.5 of Article XIIIB of the California Constitution. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures and associated findings are as follows:

A. We obtained the Worksheet and determined that the 2024-2025 Appropriations Limit of $159,680,499 and annual adjustment factors were adopted by Resolution of the City Council. We also determined that the population and inflation options were selected by a recorded vote of the City Council.

B. We recomputed the 2024-2025 Appropriations Limit by multiplying the 2023-2024 Prior Year Appropriations Limit by the Total Growth Factor. We recomputed the Total Growth Factor by multiplying the population option by the inflation option.

C. For the Worksheet, we agreed the Per Capita Income Factor, City Population Factor and County Population Factor to California State Department of Finance Worksheets.

We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the Worksheet.

Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of management and the City Council and is not intended to be and should not be used by anyone other than those specified parties; however, this restriction is not intended to limit the distribution of this report, which is a matter of public record.

Pleasant Hill, California
December 26, 2025
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: January 20, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST

AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT WITH

ABG ART GROUP, LLC INCREASING THE CONTRACT AMOUNT BY
$126,456 TO AN AS-AMENDED TOTAL CONTRACT AMOUNT OF
$740,636 AND EXTENDING THE CONTRACT TERM TO DECEMBER
31, 2026 FOR PROMOTION, ACTIVITIES AND ADMINISTRATIVE

COSTS ASSOCIATED WITH THE ROTTEN CITY EMERYVILLE
CULTURAL ARTS DISTRICT AND APPROPRIATE $30,000 FROM
FUND 234 TO PROJECT 18254012

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the First Amendment to the Professional Services Contract with ABG Art Group increasing the contract amount by $126,456, to an as-amended total contract amount of $740,636, appropriate $30,000 from Art in Public Places Funding (Fund 243) to Project 18254012 ((Cultural Arts District) to augment remaining grant funds from the State Of California Arts Council’s Cultural District Program to support the promotion, activities/events, and administration of the Rotten City Emeryville Cultural Arts District and extending the term to December 31, 2026.

BACKGROUND
On March 21, 2017, the City Council approved Resolution No. 17-38 authorizing an application to the California Arts Council’s (CAC) California Cultural Districts Pilot Program. Following a robust and inclusive application process, on July 10, 2017, the CAC awarded Emeryville’s Rotten City Cultural Arts District (RCCD or “the District”) an official State designation, one of only 14 in the State. Districts designated as part of the Pilot Program received two small stipends of $5,000 each in the two initial years to use for various needs related to promoting the district, but no significant operational funding was received during the pilot. In the 2022-2023 State budget the CAC received $10 million to support the 14 existing districts. Each district was allocated $671,429 to be spent between July 1, 2022 and June 30, 2025. In 2024, most of the remaining $600,000 in allocated State funds were distributed to Districts Statewide, providing additional funds for RCCD supportive activities.

On May 2, 2023, the City Council adopted Resolution No. 23-051, authorizing the execution of a Standard Agreement with the CAC for $671,429 and appropriating the funds to the Grant Fund (Fund 254) for Fiscal Year 2022-2023 to be used to support the RCCD Project Management Contract Amendment
City Council Meeting | January 20, 2026

promotion, activities/events, and administration of RCCD The Standard Agreement provides for the following uses of the grant funds:
▪ Support of a feasibility analysis, identification of an operational partner, and development of an Art Center that will complement new and existing programs; ▪ Preparation and implementation of a Marketing Strategy that advances the branding of the District, providing collaborative formats for partner events while assisting with business-to-business collaboration,
▪ Production of events celebrated District-wide, creating programming to be associated with the Arts Center in advance of its development; ▪ Support the marketing of affordable live-work units to local artists; ▪ Installation of local artists’ work in District Gateways and along the District’s “spine” (i.e., the Hollis Street corridor), potentially in the form of banners/projections/ murals;
▪ Expansion of audio tours to new partners, public art and maker tours, creation of interactive credit signage (QR codes)/program insignia.

Following a competitive selection process, on December 19, 2023 the City Council adopted Resolution No. 23-167 authorizing the execution of a Professional Services Contract with ABG Art Group, LLC (“ABG Art Group”) for the tasks listed in the Standard Agreement, except for tasks related to the Art Center, which was separately contracted for with Art is Luv (Charmin Roundtree-Baaqee) and Jean Johnstone Consulting.

DISCUSSION
Since January 2024, ABG Art Group has:
▪ Coordinated monthly events including holiday artist’s markets, artist professional development, 10 artists residencies, artist mini-grants, and gallery shows ▪ Residencies resulted in an educational element for the Emery Unified School District, a fine artwork for installation at City Hall, circus performances, models, banner designs and impromptu masked parades
▪ Hosted marquee events with local artist participation including the RCCD Block Party, the Emeryville Film Festival, and Art and Culture Month Created a District logo, iconography and website with event announcements, partner profiles, and an artist database featuring over 90 Emeryville artists and another 50 regional artists and potential collaborators ▪ Coordinated design, printing and installation of 50 RCCD streetlight banners ▪ Solicited the installation of three murals and three RCCD art columns produced by local artists
▪ Printed and initiated distribution of 10,000 newly designed public art maps ▪ Produced videography of events, which are posted on the website maintained by ABG Art Group
▪ Provided monthly support to the RCCD Advisory Group including meeting coordination, branding and a social media campaign
RCCD Project Management Contract Amendment
City Council Meeting | January 20, 2026

▪ Coordinated Art and Culture Month, which included nine public art and culture tours, three show openings, an artist panel, live mural painting, salsa party, Visual Art Grant unveiling, and banner installation
▪ Designed, fabricated and installed a multimedia marquee sculpture in Peladeau Park
With the success of the RCCD programming conducted through 2024 and 2025, and in view of the additional funding provided by the State in its 2024 distribution, at staff’s request ABG Art Group provided a scope of work totaling $166,000, reflecting funding needs for the 2026 RCCD Program. On December 8, 2025. ABG provided a revised scope of work for $126,456 to match the currently available funding amounts.

Available funds include the remainder of CAC funding, $96,456. Additionally, on November 11, 2025, the Public Art Committee (PAC) voted unanimously to recommend the City Council allocate $30,000 of Art in Public Places funding for the provision of a minimum of six residencies to be administered by ABG Art Group on behalf of the RCCD in Calendar Year 2026.

The PAC also voted unanimously to consider future funding for a program managed by ABG Art Group in the Emeryville Celebration of the Arts’ leased space at Gallery 4509.

Staff is continuing to work with ABG Art Group, the PAC and RCCD Partners to explore methods of funding additional activities to allow the continuation of the RCCD programing in 2026 and future years.

STRATEGIC PLAN CONNECTION
The City’s Strategic Plan includes “Cultural District Programs” as Item No. 7 under the “Livable, Safe and Vibrant Community” Multi-Year Goal. A key component of this strategic plan initiative is identifying methods to allow the programs’ continuation after State grant funding is exhausted, which this item supports.

FISCAL IMPACT
As noted above, $96,456 of CAC State grant awards are available to support the proposed contract amendment, and the PAC has recommended the allocation of $30,000 in Art in Public Places funding (Fund 243). Combined, this $126,456 is sufficient to cover the costs of the proposed contract amendment.

STAFF COMMUNICATION WITH THE PUBLIC
As noted above, staff engaged with RCCD Advisory Group in all stages of the program development for use of the grant funds. Further, on November 13, 2025 the PAC requested the City Council consider augmentation of the State funds to allow for the funding of six residencies using $30,000 in Art in Public Places funding.

CONFLICT OF INTEREST
None.

RCCD Project Management Contract Amendment
City Council Meeting | January 20, 2026

CONCLUSION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the First Amendment of the Professional Services Contract with ABG Art Group, increasing the contract amount by $126,456 to an as-amended total contract amount $740,636, and extending the contract term to December 31, 2026.

PREPARED BY: Amber Evans, Community and Economic Development Coordinator II

ATTACHMENTS
▪ Attachment A – Professional Services Contract with ABG Art Group ▪ Draft Resolution, including
o Exhibit A – First Amendment to Professional Services Contract with ABG Art Group

C A L I F O R N I A

P R O F E S S I O N A L S E R V I C E S C O N T R A C T

F O R C I T Y U S E O N L Y
Contract No. CIP No.

Resolution No. Project No.

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THIS PROFESSIONAL SERVICES CONTRACT (“Contract”) is effective as of ____________________ (the “Effective Date”), by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and ABG ART GROUP LLC (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.

W I T N E S S E T H T H A T
WHEREAS, the City desires to engage Contractor for Rotten City Cultural District Project Management ; and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to render the services necessary to do the work contemplated under this Contract; and WHEREAS, the City has determined that the Contractor is qualified by training and experience to render such services; and
WHEREAS, the Contractor desires to provide such services; and, WHEREAS, the public interest will be served by this Contract; and NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. SCOPE OF SERVICES AND TERMINATION DATE

1.1 Project Description
A complete project description is set forth in the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference.

1.2 Services
The services to be completed under this Contract (“Services”) are described in the Scope of Work set forth in Exhibit A. The Services shall be performed in accordance with terms, conditions, and specifications set forth herein. To the extent there is a conflict between the Scope of Work, and the terms, conditions, and specifications set forth herein, the terms, conditions, and specifications set forth herein shall govern.

1.3 Schedule and Completion Date
The Services to be provided by Contractor under this Contract shall commence on the Effective Date and terminate on DECEMBER 31, 2025. The Parties may, by mutual, written consent, extend the term of this Contract.

DocuSign Envelope ID: 98C8B8FE-0D36-4215-B741-52C8C5004A82 DocuSign Envelope ID: 96A56099-39AE-4E76-BAAF-EED8D14E26C2 23082E-0000-CD01
18254012
N/A
23-167
01/15/2024
City of Emeryville | Professional Services Contract
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2. WORK CHANGES

2.1 City Rights to Change
The City reserves the right to order changes in the Services to be performed under this Contract by altering, adding to or deducting from the Scope of Work. All such changes shall be incorporated in amendments executed by the Contractor and the City. Such amendments shall specify the changes ordered and any necessary adjustment of compensation and completion time.

2.2 Additional Work Changes
Any work added to the Scope of Work by an amendment shall be executed under all the applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in an amendment duly executed on behalf of the City and the Contractor.

2.3 City Manager Execution
The City Manager has authority to execute without further action of the Emeryville City Council, any number of amendments so long as their total effect does not materially alter the terms of this Contract or increase the total amount to be paid under this Contract, as set forth in Section 3.2 below.

3. COMPENSATION AND METHOD OF PAYMENT

3.1 Compensation for Services Performed
City agrees to pay the Contractor for the Services performed and costs incurred by Contractor upon certification by the City that the Services were actually performed and costs actually incurred in accordance with the Contract. Compensation for Services performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Services performed and costs incurred. The City shall pay the Contractor within forty-five (45) days after approval of the invoice by City staff.

3.2 Total Compensation Amount
The total amount paid under this Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed SIX HUNDRED AND

FOURTEEN THOUSAND AND ONE HUNDRED AND EIGHTY DOLLARS AND NO CENTS ($614,180.00), except as outlined in Section 2.3 above. The compensation for Services performed shall be as set forth in Exhibit A. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying and microcomputer time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service.

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4. COVENANTS OF CONTRACTOR

4.1 Assignment of Contract
The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Contract, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the City shall have no obligation to them.

4.2 Responsibility of Contractor and Indemnification of City To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract.

If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

4.3 Independent Contractor
The Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Services; hiring of contractors, agents or employees to complete the Services; and the payment of DocuSign Envelope ID: 98C8B8FE-0D36-4215-B741-52C8C5004A82 DocuSign Envelope ID: 96A56099-39AE-4E76-BAAF-EED8D14E26C2 City of Emeryville | Professional Services Contract
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employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates and employees during the term of this Contract.

4.4 Insurance
Contractor shall not commence Services under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

4.5 Records, Reports and Audits

4.5.1 Records
A. Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later.

B. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible.

4.5.2 Reports and Information
Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Contract in the form requested by the City.

4.5.3 Audits and Inspections
At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Contract. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Contract.

DocuSign Envelope ID: 98C8B8FE-0D36-4215-B741-52C8C5004A82 DocuSign Envelope ID: 96A56099-39AE-4E76-BAAF-EED8D14E26C2 City of Emeryville | Professional Services Contract
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4.6 Conflicts of Interest
The Contractor covenants and declares that, other than this Contract, it has no holdings or interests within the City of Emeryville, nor business holdings, contracts or agreements with any official, employee or other representative of the City. For the duration of this Contract, in the event the Contractor or its principals, agents or employees acquire such a holding, interest, contract, or agreement within the City of Emeryville or with any official, employee or representative of the City in the future, the Contractor will immediately notify the City of such holding, interest, contract, or agreement in writing.

4.7 Confidentiality
The Contractor agrees that such reports, information, opinions or conclusions shall not be made available to or discussed with any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether deemed confidential or not.

4.8 Discrimination Prohibited
The Contractor covenants and agrees that in performing the Services required under this Contract, the Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability, except as provided in section 12940 of the Government Code.

4.9 Licenses, Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Services contracted for under this Contract.

All work performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals.

4.10 Key Personnel
All of the individuals listed in Exhibit A are necessary for the successful prosecution of the Services due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team without the City’s approval. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Contract and shall be grounds for termination.

DocuSign Envelope ID: 98C8B8FE-0D36-4215-B741-52C8C5004A82 DocuSign Envelope ID: 96A56099-39AE-4E76-BAAF-EED8D14E26C2 City of Emeryville | Professional Services Contract
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4.11 Authority to Contract
The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Contract, if applicable.

4.12 Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the Services to be performed by the Contractor (“Materials”) shall be and are the property of the City and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment.

4.13 City Labor Requirements

4.13.1 Compliance
At the Effective Date, compliance with the City’s living wage ordinance is  required /  not required for this Contract. If this Contract provides for compensation to Contractor of $25,000 or more within a single fiscal year for providing Services to the City, then Contractor shall comply with the requirements of the City’s Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Contractor is a governmental entity, (ii) this Contract is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Contract is subject to federal or state laws or regulations that would preclude the application of the City’s laws.

4.13.2 Applicability
Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Contract for all employees of Contractor who perform at least twenty-five percent (25%) of the work arising from this Contract, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to Section 5-31.08 of the Emeryville Municipal Code. Contractor shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten (10) working days following a written request for such documentation and information from the City.

4.13.3 Non-Compliance
Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Contractor for back pay, reinstatement and DocuSign Envelope ID: 98C8B8FE-0D36-4215-B741-52C8C5004A82 DocuSign Envelope ID: 96A56099-39AE-4E76-BAAF-EED8D14E26C2 City of Emeryville | Professional Services Contract
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compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.

4.13.4 Living Wage
Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than $18.00 PER HOUR (which is subject to increase annually on July 1st to reflect the twelve-month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.

4.13.5 Minimum Wage and Paid Sick Leave
In addition to the Living Wage Ordinance, the Contractor may be required to comply with the City’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance, as set forth in Chapter 37 of Title 5 of the Emeryville Municipal Code, to the extent it is applicable.

4.14 California Labor Requirements

4.14.1 Prevailing Wage Requirements
Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

DocuSign Envelope ID: 98C8B8FE-0D36-4215-B741-52C8C5004A82 DocuSign Envelope ID: 96A56099-39AE-4E76-BAAF-EED8D14E26C2 City of Emeryville | Professional Services Contract
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4.14.2 Registration
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Contract and require the same of any subcontractors, as applicable.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

4.14.3 Labor Compliance Oversight
This Contract may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

4.14.4 Workers’ Compensation
Pursuant to the requirements of section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers’ compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. By signing this Contract, Contractor certifies the following:
“I am aware of the provisions of section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

4.14.5 Event of Default
Failure by Contractor to comply with any provision of this Section shall constitute a default of this Contract and shall be grounds for termination as provided in this Contract.

5. TERMINATION
A. The City shall have the right to terminate this Contract for any reason whatsoever by providing written notice thereof at least five (5) calendar days in advance of the termination date.

DocuSign Envelope ID: 98C8B8FE-0D36-4215-B741-52C8C5004A82 DocuSign Envelope ID: 96A56099-39AE-4E76-BAAF-EED8D14E26C2 City of Emeryville | Professional Services Contract
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B. All termination notice periods triggered pursuant to written notice shall begin to run from the date of the United States Postal Service postmark.

C. Upon termination, City shall provide for payment to the Contractor for Services rendered and expenses incurred prior to the termination date.

D. Upon receipt of a termination notice the Contractor shall: (1) promptly discontinue all Services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Contract, whether completed or in process, in the form specified by the City.

E. Notwithstanding anything to the contrary, this Contract is subject to immediate termination in the event the City Council does not appropriate sufficient funds for this Contract.

F. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Contract or at law or in equity.

6. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Contract.

7. ENTIRE AGREEMENT
This Contract constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Contract not contained in this Contract shall be valid or binding. This Contract may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization.

8. SUCCESSORS AND ASSIGNS
Subject to the provisions of this Contract regarding assignment, this Contract shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties.

9. APPLICABLE LAW AND ATTORNEY’S FEES; VENUE
If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the rules, regulations, statutes and laws of the State of California will control.

The prevailing party shall be entitled to reasonable attorney's fees in addition to any DocuSign Envelope ID: 98C8B8FE-0D36-4215-B741-52C8C5004A82 DocuSign Envelope ID: 96A56099-39AE-4E76-BAAF-EED8D14E26C2 City of Emeryville | Professional Services Contract
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other relief to which said party may be entitled. The exclusive venue for any legal action taken pursuant to this Contract shall be the State of California Superior Court for the County of Alameda or the United States District Court for the Northern District of California.

10. SEVERABILITY
The caption or headnote on articles or sections of this Contract are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Contract nor in any way affect this Contract. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Contract shall remain in full force and effect to the extent possible.

11. BUSINESS TAX CERTIFICATE
Prior to commencement of the Services to be provided hereunder, Contractor shall apply to the City of Emeryville Finance Department for a business tax certificate, pay the applicable business tax and maintain said business tax certificate during the term of this Contract, as provided in Article 1 of Chapter 1 of Title 3 of the Emeryville Municipal Code.

12. NOTICES

12.1 Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the work and invoices shall be exchanged between Amber Evans for the City and Erica Enriquez for the Contractor:

CITY CONTRACTOR
Amber Evans
Phone No: 510-596-4382
E-Mail : [email protected]
Erica Enriquez
Phone No: 925-759-2642
E-Mail : [email protected]
DocuSign Envelope ID: 98C8B8FE-0D36-4215-B741-52C8C5004A82 DocuSign Envelope ID: 96A56099-39AE-4E76-BAAF-EED8D14E26C2 City of Emeryville | Professional Services Contract
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12.2 Official Notices
All other notices, writings or correspondence as required by this Contract shall be directed to the City and the Contractor, respectively, as follows:

CITY CONTRACTOR
Chadrick Smalley, Community
Development Director
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4355
E-Mail : [email protected]
with a copy to:

Amber Evans
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4382
E-Mail : [email protected]
Sorell Raino-Tsui
1528 Webster Street
Oakland CA 94612
Phone No: (424) 529-2625
E-Mail : [email protected]

13. COUNTERPARTS
This Contract may be signed in counterparts, each of which shall constitute an original. It is expressly agreed that each Party to this Contract shall be bound by its own telecopied, scanned, electronic or digital signature and shall accept the telecopied, scanned, electronic or digital signature of the other Party to this Contract.

14. NO THIRD-PARTY BENEFICIARIES
Except to the extent expressly provided for herein, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

15. NON-EXCLUSIVITY
City reserves right to employ other contractors in connection with the Services covered under this Contract.

16. ASSIGNMENT OR TRANSFER
Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City.

Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

DocuSign Envelope ID: 98C8B8FE-0D36-4215-B741-52C8C5004A82 DocuSign Envelope ID: 96A56099-39AE-4E76-BAAF-EED8D14E26C2 City of Emeryville | Professional Services Contract
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17. WAIVER
The City’s failure to enforce any provision of this Contract or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.

18. OTHER REQUIREMENTS
Compliance with terms and conditions set forth in Exhibit C is  required /  not required for this Contract. Contractor shall also fully and adequately comply with the provisions included in Exhibit C (“Other Requirements”) when attached hereto and incorporated herein by reference (“Other Requirements”). With respect to any conflict between such Other Requirements and the terms of this Contract and/or the provisions of state law, Exhibit C shall control.

SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: 98C8B8FE-0D36-4215-B741-52C8C5004A82 DocuSign Envelope ID: 96A56099-39AE-4E76-BAAF-EED8D14E26C2 City of Emeryville | Professional Services Contract
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19. SIGNATURE PAGE TO PROFESSIONAL SERVICES CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: ABG ART GROUP LLC
(Signature)
Sorrell Raino-Tsui, Director
Attach:

W-9 Form
Attach:

Business License Certificate
DocuSign Envelope ID: 98C8B8FE-0D36-4215-B741-52C8C5004A82 12/04/2023
DocuSign Envelope ID: 96A56099-39AE-4E76-BAAF-EED8D14E26C2 01/15/2024
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO

THE PROFESSIONAL SERVICES CONTRACT WITH ABG ART GROUP, LLC INCREASING THE CONTRACT AMOUNT BY $126,456 TO AN AS-AMENDED TOTAL CONTRACT AMOUNT OF $740,636 AND EXTENDING THE CONTRACT TERM TO DECEMBER 31, 2026 FOR PROMOTION, ACTIVITIES AND ADMINISTRATIVE

COSTS ASSOCIATED WITH THE ROTTEN CITY EMERYVILLE CULTURAL ARTS DISTRICT AND APPROPRIATE $30,000 FROM FUND 234 TO PROJECT 18254012 WHEREAS, on March 21, 2017, the City Council adopted Resolution No. 17-38 authorizing an application to the California Arts Council’s (CAC) California Cultural Districts Pilot Program; and
WHEREAS, on July 10, 2017, the CAC awarded Emeryville’s Rotten City Cultural Arts District (RCCD or “the District”) an official State designation, one of only 14 districts designated as part of the Pilot Program; and
WHEREAS, in the 2022-2023 State budget the RCCD was allocated $671,429 to be spent between July 1, 2022, and June 30, 2025, for
▪ Support of a feasibility analysis, identification of an operational partner, and development of an Art Center that will complement new and existing programs; ▪ Preparation and implementation of a Marketing Strategy that advances the branding of the District, providing collaborative formats for partner events while assisting with business-to-business collaboration,
▪ Production of events celebrated District-wide, creating programming to be associated with the Arts Center in advance of its development;
▪ Support the marketing of affordable live-work units to local artists; ▪ Installation of local artists’ work in District Gateways and along the District’s “spine” (i.e., the Hollis Street corridor), potentially in the form of banners/projections/ murals; ▪ Expansion of audio tours to new partners, public art and maker tours, creation of interactive credit signage (QR codes)/program insignia; and WHEREAS, on December 19, 2023, the City Council adopted Resolution No. 23-167 authorizing the execution of a contract with ABG Art Group, LLC (“ABG”) in an amount not to exceed $614,180 for RCCD programming; and
WHEREAS, on June 28, 2024 the CAC allocated additional funds to the City for RCCD program implementation, and currently $96,465 in grant funding is available for this purpose; and
WHEREAS, on November 11, 2025, the Public Art Committee voted unanimously to recommend the City Council allocate $30,000 of Art in Public Places funding (Fund 243) Resolution No. _____
RCCD Project Management Contract Amendment
City Council Meeting | January 20, 2026

for the provision of a minimum of six residencies to be administered by ABG on behalf of the RCCD in calendar year 2026; and
WHEREAS, on December 8, 2025, ABG submitted a scope of work to be administered by ABG on behalf of the RCCD to allow for continuation of certain RCCD programs, including residencies, in Calendar Year 2026 for a proposed cost of $126,456; now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville hereby authorizes a budget amendment to appropriate $30,000 from Fund 243 to Project 18254012 (Cultural Arts District) and authorizes the City Manager to execute the First Amendment of the Professional Services Contract with ABG Art Group, LLC, increasing the contract amount by $126,456 to an as-amended total contract amount of $740,636 and extending the contract term to December 31, 2026 for promotion, activities and administrative costs associated with the Rotten City Emeryville Cultural District Programs in substantially the form attached hereto as Exhibit A; and be it further
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute amendments to the Contract as needed to effectuate its purposes, provided such amendments do not materially increase the City’s obligations thereunder.

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held January 20, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
▪ Exhibit A – First Amendment
Docusign Envelope ID: 935F6B4E-2E72-41 0F-9319-37C755A6611 D .:lllk.
"If: City of Emeryville

CALIFORNIA

PROFESS IONAL SERVICES CONTRACT

FIRST AMENDMENT

THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT ("Amendment") is effective as of _________ (the "Effective Date"),, by and between THE CITY OF EMERYVILL E, a municipal corporation, ("City") and ABG ART GROUP LLC ("Contractor"), individually referred to as a "Party" and collectively as the "Parties".

WITNESS ETH THA T
WHEREAS, the City and Contractor entered into a Professional Services Contract dated January 15, 2024 ("Contract") for the purpose of retaining the services of Contractor to provide management of the Rotten City Cultural Distict events and activities; and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. AMENDMENT
The Parties agree to amend the Contract as checked below:

1. 1 Exhibit A
□ Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit AOR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-1, attached hereto and incorporated herein by this reference.

FOR CITY USE ONLY
Contract No. I ICIP No.

Resolution No. I I Project No. I
REV01/2025
Exhibit A

City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: January 20, 2026
TO: LaTanya Bellow, City Manager
FROM: Mohamed Alaoui, Public Works Director
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS AND

EXECUTE THE FUNDING AGREEMENT WITH THE ALAMEDA

COUNTY TRANSPORTATION COMMISSION FOR THE EMERY GO
ROUND OPERATING EXPENSES (FY2026-FY2027), APPROPRIATING $1,000,000 INTO FUND 254

RECOMMENDATION
Staff recommends that the City Council adopt the above-entitled resolution authorizing the City Manager to accept grant funds from Alameda County Transportation Commission’s (ACTC) CIP 2026 Call For Projects and execute the associated funding agreement with ACTC for the Emery Go Round Operating Expenses (FY2026 – FY2027).

BACKGROUND
The ACTC mission is to plan, fund and deliver transportation programs and projects that expand access and improve mobility to foster a vibrant and livable Alameda County.

This includes the programming of federal, state, regional and local transportation funding. The Comprehensive Investment Plan (CIP) is ACTC’s near-term strategic planning and programming document through which fund sources administered by ACTC are programmed through a consolidated process to maximize investments towards critical transportation infrastructure and program operation needs that are essential for developing and maintaining the county’s transportation system.

ACTC’s 2026 Comprehensive Investment Plan (2026 CIP) released a call for projects for $100 million in combined ACTC-administered discretionary local funding sources, including Measures B and BB (MB/MBB), Vehicle Registration Fee (VRF), and Transportation Fund for Clean Air (TFCA) for eligible capital projects and programs within Alameda County. The 2026 CIP will program funding anticipated from fiscal years 2025-26 through 2029-30.

On July 26, 2024, ACTC issued the 2026 CIP funding guidelines. Projects had to meet the eligibility requirements of the funding sources and programs that are ultimately programmed by ACTC. In general, available funding was prioritized towards improvements that demonstrated construction readiness within the first two years of the 2026 CIP, provided safety enhancements, and directly benefited Priority Development Areas and Equity Priority Communities.

Accepting Grant Funds – ACTC 2026 CIP (Emery Go-Round)
City Council Meeting | January 20, 2026

DISCUSSION
On October 15, 2024, City Council authorized staff to file two applications in response to the ACTC 2026 CIP Call for Projects. The two projects/programs were the 40th Street Multimodal Project Part 2 and Emery Go-Round Operating Expenses. Applications for the 2026 CIP were due on October 31, 2024.

On May 22, 2025, ACTC approved both of the City’s submitted applications for funding as part of ACTC’s 2026 CIP Call for Projects, for the full amounts requested. A previous City Council action, adopted July 15, 2025, already gives the City Manager the authority to accept any funds and execute any funding agreements necessary to implement the 40th Street Multimodal Project. Therefore, this City Council action is only to adopt a resolution authorizing the City Manager to accept the grant funds and execute the funding agreement with ACTC for the Emery Go-Round Operating Expenses award only.

FISCAL IMPACT
ACTC’s Small Cities Program exempts Emeryville, Albany, and Piedmont from match requirements, but additional matching funds from the City were included to gain extra points on the applications.

ACTC funding for the General Benefit portion of Emery Go-Round operations was matched by the Property Based Business Improvement District (PBID) assessment and the City’s General Benefit Contribution funding, giving the City extra points on that application. The estimated PBID assessment and City contribution amounts were taken from the Emeryville Transportation Management Association (ETMA) revenue projections in their annual report for the Project operating expenses timeframe.

STAFF COMMUNICATION WITH THE PUBLIC
Potential transportation projects and Emery Go Round operations are discussed at monthly Bicycle/Pedestrian Advisory Committee and Transportation and Sustainability Committee meetings as part of regular Public Works CIP updates. Finances and matters related to the Emeryville Transportation Management Association and the Emery Go-Round are discussed monthly at the ETMA Board of Directors meetings.

CONFLICT OF INTEREST
N/A

CONCLUSION
Staff recommends that the City Council adopt the above-entitled resolution authorizing the City Manager to accept grant funds from Alameda County Transportation Commission’s (ACTC) CIP 2026 Call For Projects and execute the associated funding agreement with ACTC for the Emery Go Round Operating Expenses (FY2026 – FY2027).

Accepting Grant Funds – ACTC 2026 CIP (Emery Go-Round)
City Council Meeting | January 20, 2026

PREPARED BY: Phillip Toste, Associate Civil Engineer

ATTACHMENTS
▪ Draft Resolution
➢ Exhibit A – Draft Funding Agreement A25-0057
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS AND EXECUTE

THE FUNDING AGREEMENT WITH THE ALAMEDA COUNTY TRANSPORTATION COMMISSION FOR THE EMERY GO ROUND OPERATING EXPENSES (FY2026- FY2027) APPROPRIATING $1,000,000 INTO FUND 254
WHEREAS, the Alameda County Transportation Commission (ACTC) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, CMA-TIP, and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ACTC Administered Funds”; and
WHEREAS, the City of Emeryville (City) submitted a funding application to ACTC for Emery Go-Round Operating Expenses FY2026-FY2027 (Project); and WHEREAS, the Project will implement the Emery Go-Round program operations during fiscal years 2025/26 and 2026/27; and
WHEREAS, by action of the ACTC at its meeting held on May 22, 2025, ACTC awarded $1,000,000 in ACTC Administered Funds to the City for the implementation and delivery of the Operations Phase of the Project; and
WHEREAS, prior to receipt of any ACTC Administered Funds, the City shall be required to enter into a Project Funding Agreement with ACTC for the Project (Agreement) based on ACTC’s form therefor, which Agreement shall set forth certain project-specific requirements applicable to the Project; and
WHEREAS, as part of the requirements to receive ACTC Administered Funds awarded to the Project, ACTC requires a resolution accepting the awarded funding to be adopted by the City’s governing body confirming the following:

1. City’s commitment to matching funds against the awarded ACTC Administered Funds; and

2. City’s commitment to provide any additional funding required to deliver the awarded phase of the Project, with an understanding the same shall not be funded with additional ACTC Administered Funds; and

3. City’s commitment to implement the awarded phase of the Project as described in the funding application and the subsequent funding agreement between ACTC and the City; and

4. City’s commitment to comply with the Agreement; and

5. City’s commitment to comply with the applicable requirements set forth in ACTC’s Local Business Contract Equity (“LBCE”) Program for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, and abide by the LBCE procedures in the applicable solicitations and contracts; and
Resolution No. _____
Accepting Grant Funds – ACTC 2026 CIP (Emery Go-Round)
City Council Meeting | January 20, 2026

WHEREAS, ACTC’s Small Cities program exempts Emeryville, Albany and Piedmont from match requirements, but additional matching funds from the City were successfully included to gain extra points on the applications; now, therefore, be it RESOLVED, by the City Council of the City of Emeryville that the City agrees to accept award of $1,000,000 for the Project and appropriate said funds into Fund 254; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that the City, by adopting this resolution, does hereby state that:

1. City will provide a minimum of $11,050,000 in matching funds for the Project anticipated to be from Local City Funds (Fund 805); and

2. City understands that it shall be responsible to provide any additional funding required to deliver the awarded phase of the Project, and the same shall not be funded with additional ACTC Administered Funds; and

3. Awarded Phase of the Project will be implemented as described in the application, Agreement and in this resolution; and

4. City will comply with the Agreement; and

5. City will comply with the applicable requirements set forth in ACTC’s LBCE Program; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that the City hereby confirms that there is no pending or threatened litigation that might in any way adversely affect the City’s ability to implement and deliver the proposed Project; and, be it, further RESOLVED, by the City Council of the City of Emeryville that the City authorized its City Manager to execute the Agreement; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that the City shall provide ACTC with a fully-executed copy of this Resolution.

Resolution No. _____
Accepting Grant Funds – ACTC 2026 CIP (Emery Go-Round)
City Council Meeting | January 20, 2026

Resolution No. _____
Accepting Grant Funds – ACTC 2026 CIP (Emery Go-Round)
City Council Meeting | January 20, 2026

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held January 20, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
▪ Exhibit A – Draft Funding Agreement A25-0057
Alameda CTC Agreement No. A25-0057
Project No. 1572000

2025 PFA Version

PROJECT FUNDING AGREEMENT
between

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF EMERYVILLE
for the

EMERY GO-ROUND OPERATING EXPENSES
FISCAL YEARS 2025/26 & 2026/27
This Project Funding Agreement (“AGREEMENT”), dated for reference purposes only as of May 22, 2025 is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”), and the CITY OF EMERYVILLE, a public agency (“PROJECT SPONSOR”).

This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B:

Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in Recital K below.
☐ 2000 Measure B
☐ 2014 Measure BB
☒ Vehicle Registration Fee
☒ Transportation Fund for Clean Air
☐ CMA TIP

RECITALS
A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds.

B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended.

C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000

2025 PFA Version
Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.

D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.

E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended.

F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“AIR DISTRICT”), and then distributes these funds on a reimbursement basis to eligible project sponsors.

G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC.

H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients.

I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
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forth in the applicable transportation expenditure plans, or the AIR DISTRICT-approved TFCA County Program Manager Policies.

J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS.

K. The PROJECT SPONSOR is implementing a project or program (“PROJECT”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information.

L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information.

NOW, THEREFORE, it is agreed by and between the parties as follows:

SECTION I
PROJECT SPONSOR AGREES:

1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program
e. Appendix E: Deliverables and Due Dates
f. Appendix F: Project Performance Measures
g. Appendix G: Transportation Fund for Clean Air Policies and Requirements

2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information.

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3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change.

4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.

5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law.

6. PROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT.

7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).

8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT.

9. PROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR’S staff.

10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs.

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11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or thirdparty contractors during any temporary suspension of activities associated with the PROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC.

12. PROJECT SPONSOR shall advertise, award and administer all professional services and construction contracts for PROJECT work not performed by PROJECT SPONSOR.PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR’s selection panel for the selection of all professional consultants.

13. All locally funded contracts approved by PROJECT SPONSOR, funded wholly or in part with Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program. If ALAMEDA CTC determines that PROJECT SPONSOR has failed to fully comply with all LBCE Program requirements, including but not limited to meeting all reporting requirements in a timely manner, ALAMEDA CTC may take one or more of the following actions, until compliance or remedial action has been accomplished by the PROJECT SPONSOR to the satisfaction of ALAMEDA CTC:
a. Deem PROJECT SPONSOR to be noncompliant, and place PROJECT SPONSOR on a corrective action plan;
b. Impose sanctions on PROJECT SPONSOR, including suspension and termination of all ALAMEDA CTC funding assistance;
c. Decline approval of projects, grants, or contracts;
d. Withhold reimbursements to PROJECT SPONSOR for existing grants and contracts; and/or e. Other actions deemed appropriate by ALAMEDA CTC under the circumstances.

14. To facilitate ALAMEDA CTC’s monitoring of PROJECT SPONSOR’s compliance with the LBCE Program, PROJECT SPONSOR shall provide ALAMEDA CTC with drafts of (i) all procurement documents which address (or would be expected to address) LBCE Program or Disadvantaged Business Enterprise (DBE) participation goals and requirements (i.e., RFPs, RFQs, construction special provisions, and notices to bidders/proposers), in each case prior to advertisement, and (ii) PROJECT SPONSOR’s form professional services contract, prior to contract award.

15. PROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR, professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
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insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., quarterly or semiannually) progress reports describing the current status of the PROJECT. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC.

17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C:

Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT.

18. PROJECT SPONSOR shall submit to ALAMEDA CTC a Prime Consultant/Contractor LBE, SLBE, and VSLBE Utilization Report with each of PROJECT SPONSOR’s invoices for the PROJECT, regardless of whether any reimbursable costs were incurred during the given period. The report shall include the AGREEMENT number, prime consultant/contractor name, the project title, scope of work, names of all subconsultants and their contract budgets and total costs incurred, and any additional relevant information requested by ALAMEDA CTC.

19. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities.

20. PROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR’S submittal of the Final Report for ALAMEDA Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
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CTC ADMINISTERED FUNDS under this AGREEMENT, and (iii) the end of the PROJECT’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT. a. PROJECT SPONSOR and PROJECT SPONSOR’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR’S submittal of the Final Report. The same access also shall be granted to the AIR DISTRICT or its authorized representatives for TFCA funds obligated by this AGREEMENT.

21. PROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the AIR DISTRICT as a funding source and display the AIR DISTRICT-approved TFCA logo.
b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.
c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the AIR DISTRICT as a funding source.
d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that the AIR DISTRICT was credited as a funding source and the AIR DISTRICT-approved TFCA logos were displayed.

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e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.21 due to extraordinary circumstances.

22. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 7920.000 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT.

23. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS.

24. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.

25. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS, compliance audit findings, and usage of ALAMEDA CTC ADMINISTERED FUNDS before the ALAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable.

26. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed an AIR DISTRICT financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of AIR DISTRICT’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed AIR DISTRICT financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed AIR DISTRICT performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT. SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.

27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

28. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to ALAMEDA CTC when identified as applicable in Appendix C: Request for Reimbursement and Reporting Requirements. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.

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SECTION II
ALAMEDA CTC AGREES:

1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT.

3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT.

4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.

5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS.

SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:

1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies.

2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:

Project Control Information which reflects the requested changes by the PROJECT SPONSOR.

3. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
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staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT.

4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this AGREEMENT. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.

5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.

ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT.

6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT.

7. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current AIR DISTRICT-approved TFCA County Program Manager Fund Policies included in Appendix G:

Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the AIR DISTRICT upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable AIR DISTRICT TFCA Policies.

8. The laws of the State of California shall govern this AGREEMENT.

9. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying.

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11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a prorated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A:

Project Control Information. Pro-rated basis, as used herein, equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.

12. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.

13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will be ineligible for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.

ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT.

14. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.15(a) through Section III.15(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies.

15. For the purposes of the following provisions, “ALAMEDA CTC Share” shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.15(a) and Section III.15(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
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retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San FranciscoOakland, San Jose, CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following:

ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT, and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”. c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.
e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
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the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period.

16. If condemnation procedures are required to obtain possession to Right-of-Way, ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.

PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation.

17. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.

18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources):
a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services.
b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT.
c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.
e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT.
f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made.

19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to (i) failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, (ii) failing to file required progress reports in the time specified by this AGREEMENT, or (iii) failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
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PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to cure any such breach and comply with all provisions of this AGREEMENT.

20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-ininterest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless the AIR DISTRICT, its governing body, and all its officers, employees, agents, representatives, and successors-ininterest, from any liability imposed on the AIR DISTRICT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT.

21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.

22. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.

23. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California.

24. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.

25. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.20 and III.21 shall survive the termination or expiration of this AGREEMENT. PROJECT SPONSOR has 90 days after the Agreement Expiration Date to submit complete and accurate invoices to ALAMEDA CTC to make final allowable Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
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payments for PROJECT costs in accordance with the terms of this AGREEMENT. Failure to submit complete and accurate invoices within this period of time shall result in a waiver by PROJECT SPONSOR of its right to reimbursement of expended costs for which invoices have not yet been submitted.

26. No delay or omission in the exercise of any right or remedy of either party on any breach or default by the other party shall impair such right or remedy or be construed as a waiver.

27. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Section III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties. [Signatures on the next page]
Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000

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CITY OF EMERYVILLE
(PROJECT SPONSOR)

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

LaTanya Bellow Date
City Manager
Tony Tavares Date
Executive Director
Recommended
By:

Vivek Bhat Date
Acting Deputy Executive Director of
Projects
Reviewed as to Budget/Financial Controls:

By:

Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form: Approved as to Legal Form:

By: By:

John Kennedy Date
City Attorney
Legal Counsel to CITY OF EMERYVILLE
Fennemore LLP Date
Legal Counsel to ALAMEDA CTC
Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 11/7/2025
11/7/2025
Alameda CTC Agreement No. A25-0057
Project No. 1572000

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LIST OF APPENDICES
APPENDIX A: PROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS APPENDIX D: LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS APPENDIX E: DELIVERABLES AND DUE DATES
APPENDIX F: PROJECT PERFORMANCE MEASURES
APPENDIX G: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 TFCA County Program Manager Fund Policies and Insurance Requirements Appendix G-3 Air District TFCA Logos
Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix A – Page 1

APPENDIX A

PROJECT CONTROL INFORMATION
Appendix Index
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix A – Page 2
APPENDIX A-1

PROJECT DESCRIPTION
Project Description:

The Emery Go-Round is a free to the public shuttle from the MacArthur BART station to points throughout Emeryville and one point in southwest Berkeley.

The City of Emeryville contracts with the Emeryville Transportation Management Association (ETMA) to provide the Emery Go-Round, which is a property-based improvement district (PBID) funded shuttle service that provides inter- and intra-city trips free to the rider, including first and last-mile connections to BART, Amtrak, AC Transit connections and links with the West Berkeley Gateway Shuttle, and prospectively, private ferries. The service is open to all free of charge, including residents, employees, shoppers and visitors.

The funding obligated by this AGREEMENT is for program operations during fiscal years 2025/26 and 2026/27.

Project Location and Limits
• Hollis Route: starts at 9th St. in Berkeley, stops at 7 locations Southbound, before arriving at MacArthur BART. Northbound return includes a loop at Stanford Ave., then north on Hollis back to 9th Street with 10 stops. Route operates Monday through Friday from 6:00 AM to 10:00 PM. • Shellmound Route: starts at MacArthur BART, takes 40th to Shellmound, northbound to 65th, then south on Christie to Powell, and then to the turnaround at the marina, Watergate residential complex and the Tower’s Office Park, and then south on Shellmound to 40th back to the Macarthur BART.

Route operates Monday through Friday from 6:00 AM to 10:00 PM, Saturday from 8:00 AM to 10:00 PM and Sunday from 9:00 AM to 7:00 PM.

Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix A – Page 3
APPENDIX A-2

PROJECT SCOPE DETAIL BY PHASE
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

OPERATIONS
• Emery Go-Round Operating Expenses fiscal years 2025/26 and 2026/27.

Non-Participating Costs / Not Eligible for Reimbursement Costs not eligible for reimbursement by this AGREEMENT include, but are not necessarily limited to:
• Costs incurred for services, fees, or amenities not related to the PROJECT scope that are funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT as the eligible scope is defined in Appendix A-1: Project Description and Appendix A-2: Project Scope Detail by Phase. • Sponsor Staff/Labor costs unless otherwise defined as allowed in Appendix A-6: Project Cost Detail.

Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix A – Page 4
APPENDIX A-3

PROJECT MILESTONE SCHEDULE
Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
Program Operations Fiscal Year 2025/26 07/2025 06/2026
Program Operations Fiscal Year 2026/27 07/2026 06/2027
Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix A – Page 5
APPENDIX A-4

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
PHASE
Alameda CTC
Administered Funds Sponsor
Funds
Total
2010 VRF Funding
Disc-Transit
TFCA
FYE26
Fiscal Year 2025/26
Program Operations $500,000 $ - $5,000,000 $5,500,000
Fiscal Year 2026/27
Program Operations $125,000 $375,000 $6,050,000 $6,550,000 Total
Project Cost $625,000 $375,000 $11,050,000 $12,050,000
Notes:

1. ALAMEDA CTC ADMINISTERED FUNDS identified with a Note 1 are shown within this Project Cost Summary for funding plan informational purposes. These funds are not encumbered within this AGREEMENT.

2. To Be Determined (TBD) Column includes unknown and unsecured funding amounts to the project.

Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix A – Page 6
APPENDIX A-5

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds) The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE
Alameda CTC
Administered Funds Matching
Funds
Total
Funding
Reimbursement
Ratio
Percentage 2010 VRF
Disc-Transit
TFCA
FYE26
Fiscal Year 2025/26
Program Operations $500,000 $ - $5,000,000 $5,500,000 9.09% Fiscal Year 2026/27
Program Operations $125,000 $375,000 $6,050,000 $6,550,000 7.63% Total Funding $625,000 $375,000 $11,050,000 $12,050,000 Notes:

1. PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding.

Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix A – Page 7
APPENDIX A-6

PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.

PHASE COST DETAIL
Fiscal Year 2025/26
Program Operations
2010 VRF
Disc-Transit
TFCA
FYE26
Matching
Funds Total Cost
Sponsor Staff/Labor Cost $ - $ - $ - $ -
Contract(s) $500,000 $ - $5,000,000 $5,500,000
Other Direct Costs $ - $ - $ - $ -
Total Phase Cost
(Staff + Contract Costs + Other Direct Costs) $500,000 $ - $5,000,000 $5,500,000

PHASE COST DETAIL
Fiscal Year 2026/27
Program Operations
2010 VRF
Disc-Transit
TFCA
FYE26
Matching
Funds Total Cost
Sponsor Staff/Labor Cost $ - $ - $ - $ -
Contract(s) $125,000 $375,000 $6,050,000 $6,550,000
Other Direct Costs $ - $ - $ - $ -
Total Phase Cost
(Staff + Contract Costs + Other Direct Costs) $125,000 $375,000 $6,050,000 $6,550,000 Notes:
• The costs and fund sources for all contracts for professional services or construction for the Project shall be shown in the “Contract(s)” line. “Other Direct Costs” consists of expenditures on such items as delivery services, printing services, and travel, where no RFPs/RFQs or bids are required. • Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).
• Costs and funds may be moved between Contract(s) and Other Direct Costs through an Administrative Amendment pursuant to Section III.2 of this AGREEMENT, so long as (i) ALAMEDA CTC is notified in advance prior to any expenditures on either category in excess of the amounts then shown in this table, and (ii) any proposed amendment which changes the Total Costs for Contract(s) from zero to a positive number must be approved by ALAMEDA CTC prior to PROJECT SPONSOR seeking proposals, qualifications, or bids for such contract(s).

Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix B – Page 1

APPENDIX B

ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.

TABLE B-1

FUNDS OBLIGATED BY THIS AGREEMENT

AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
2010 VRF Disc-Transit Operations 5/22/2025 7/1/2025 6/30/2026 $500,000 2010 VRF Disc-Transit Operations 5/22/2025 7/1/2026 6/30/2027 $125,000 TFCA FYE26 Operations 5/22/2025 7/1/2026 6/30/2027 $375,000 Total Alameda CTC Administered Funds Obligated by AGREEMENT: $1,000,000 Agreement Expiration Date: December 31, 2027
Notes:

1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source.

2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation.

3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT. The earliest Allowable Start Date shown in this column represents the effective date of this AGREEMENT. The Allowable Start Date may be established as early as the Commission Approval Date of the allocation.

4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.

5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.

6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from the AIR DISTRICT, unless an extended deadline is approved at the time of programming, or an extension has been approved by ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement Alameda CTC has yet to receive funds from the AIR DISTRICT. Extended deadlines will be reflected in an amended Table B-1, once approved.

Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix C – Page 1

APPENDIX C

REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports, and final closeout reporting requirements, as indicated below with an “X”.

Notes:

1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.

2. A progress report required regardless of whether expenses occurred or not during the reporting period.

REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and agreement amendment requests. Note that the format and required content of these forms is subject to change.

List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-grant-forms/

1. Request for Reimbursement (RFR) Form

2. Alameda CTC Progress Report Form

3. Alameda CTC Final Report Form

4. Amendment Request Form

REQUEST FOR REIMBURSEMENT AND REPORTING

FREQUENCY AND DUE DATES
Minimum Frequency Required Period Covered Due Dates
Quarterly (once every 3 months)
Request for Reimbursement ☐ Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31st
By January 31st
By April 30th
By July 31st Alameda CTC Progress Report ☐
Semi-annually (once every 6 months)
Request for Reimbursement ☒ Quarters 1 & 2: 7/1 – 12/31 Quarters 3 & 4: 1/1 – 6/30
By January 31st
Alameda CTC Progress Report ☒ By July 31st
Final Closeout Reporting
Final Request for Reimbursement ☒ Any work period eligible under Appendix B. By Agreement
Expiration Date Alameda CTC Final Report ☒ Entire project period.

Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix D – Page 1

APPENDIX D

LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.13, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.

LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a Project Sponsor’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. PROJECT SPONSOR shall obtain approval of any such substitution prior to the advertisement of any procurements potentially eligible for reimbursement under this AGREEMENT.

The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:
• Sample template language for professional and construction services contracts is available from ALAMEDA CTC’s website: https://www.alamedactc.org/get-involved/contract-equity • Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/getinvolved/contracting-forms/ • The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.
• Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:

Seung Cho
Director of Contract Services and Operations
Alameda County Transportation Commission
Email: [email protected]
Phone: (510) 208-7472
Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix E - Page 1

APPENDIX E

DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates tables below reflect required deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS.

Additionally, PROJECT SPONSOR must also submit Request for Reimbursement forms and Progress Reporting as required per Appendix C.

Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
1 Progress Reports
(See Appendix C: Request for Reimbursements and Reporting Requirements) Per Appendix C
Operations
2 Documentation of completed publicity requirements per Section I.21 E.g., Funding agency credit/logo usage on websites, articles, vehicles and construction signage. See Note 2 below.

Provide with
semi-annual
progress reports
3 Documentation of insurance coverage during construction phase (See Appendix G-2 for Air District’s minimum insurance requirements for TFCAfunded projects) Annually,
starting
7/31/2026
Final Closeout Deliverables
4 Final Invoice
By the
Agreement
Expiration Date 5 Final Report
Note:

1. Per Section III.12 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.

2. Per Section I.21 of AGREEMENT, due to the TFCA funds obligated by AGREEMENT, as of July 1, 2026, PROJECT SPONSOR shall start crediting the AIR DISTRICT as a funding source in all publicity materials, including displaying the AIR DISTRICT-approved TFCA logo. See Appendix G-3 for a link to the Air District’s TFCA logo.

Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix F – Page 1

APPENDIX F

PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcomebased performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.

Appendix F is Not Applicable.

Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix G – Page 1

APPENDIX G

TRANSPORTATION FUND FOR CLEAN AIR (TFCA) POLICIES AND REQUIREMENTS The contents of Appendix G are only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

Appendix Index
Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 TFCA County Program Manager Fund Policies and Insurance Requirements Appendix G-3 Bay Area Air Quality Management District (Air District) TFCA Logos Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix G – Page 2
APPENDIX G-1
TFCA PROJECT NUMBER AND “YEARS OF EFFECTIVENESS”
The PROJECT’s established TFCA Project Number is to be included on all PROJECT reports and invoices.

The PROJECT’s established period for TFCA “Years of Effectiveness” is used by Alameda CTC and Bay Area Air Quality Management District (Air District) to evaluate the cost effectiveness of the PROJECT and represents the minimum period of time PROJECT SPONSOR is to maintain and/or operate the PROJECT, per Air District requirements. It is not intended to reflect the number of years a capital project is expected to last.

TFCA Project Number:
• 26ALA04
TFCA “Years of Effectiveness”:
• 2 years
Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix G – Page 3
APPENDIX G-2

TFCA COUNTY PROGRAM MANAGER FUND POLICIES AND INSURANCE REQUIREMENTS Note: The referenced documents are available for view and download from Alameda CTC’s TFCA webpage <https://www.alamedactc.org/funding/transportation-fund-for-clean-air>. As incorporated into this AGREEMENT, (i) the term “Air District” in the policies shall be deemed to mean and refer to Bay Area Air Quality Management District, (ii) “Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and (iii) “GRANTEE” shall be deemed to mean and refer to PROJECT SPONSOR.

AIR DISTRICT-APPROVED TFCA COUNTY PROGRAM MANAGER/40% FUND POLICIES The PROJECT is to be consistent with the AIR DISTRICT’S Board-Adopted Policies Commencing FYE 2026 for the County Program Manager (or 40%) Fund (Appendix D of AIR DISTRICT’s TFCA 40% Fund Expenditure Plan Guidance Commencing Fiscal Year Ending 2026 (“Air District TFCA 40% Guidance”)).

TFCA INSURANCE REQUIREMENTS
The PROJECT is to comply with the below Alameda CTC insurance requirements for TFCA projects, as well as the Air District’s Insurance Guidelines (Appendix F of Air District TFCA 40% Guidance). • Verification of Coverage
PROJECT SPONSOR is required to provide certificates and/or other evidence of the required insurance coverage prior to the execution of a fund-transfer agreement and annually thereafter throughout and until project completion. Certificates, policies and other evidence provided shall specify that ALAMEDA CTC and Air District shall receive 30 days advanced notice of cancellation from the insurers.

Additionally, PROJECT SPONSOR is to require all professional services consultants, contractors and subcontractors involved with the PROJECT to name ALAMEDA CTC, its officers, employees and consultants as additional insured on all insurance required by PROJECT SPONSOR for PROJECT. • Minimum Scope of Insurance
Throughout the Term of the AGREEMENT, PROJECT SPONSOR shall obtain and maintain in full force and effect the Liability Insurance and Property Insurance as set forth below:

1. Liability Insurance: With a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of SPONSOR, and to the operation of the vehicles, vessels, engines or equipment operated by Sponsor.

2. Property Insurance: In an amount of not less than the insurable value of PROJECT SPONSOR’s vehicles, vessels, engines or equipment funded under the Agreement, and covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment.

3. Workers Compensation Insurance: As required by California law and employers’ insurance with a limit of not less than $1 million.
• Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

ALAMEDA CTC may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.

Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix G – Page 4
Air District TFCA 40% Guidance FYE 2026
Appendix F: Insurance Guidelines
This appendix provides guidance on the insurance coverage and documentation typically required for TFCA 40% Fund projects. Note that the Air District reserves the right to specify different types or levels of insurance in the Funding Agreement.

The typical Funding Agreement requires that each Project Sponsor provide documentation showing that they meet the following requirements for each of their projects. The administering agency is not required to meet these requirements itself, unless it is acting as a Project Sponsor.

1. Liability Insurance:

Corporations and Public Entities - a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.

Single Vehicle Owners - a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.

2. Property Insurance:

New Equipment Purchases - an amount of not less than the insurable value of Project Sponsor’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.

Retrofit Projects - 2003 model year vehicles or engines or newer in an amount of not less than the insurable value of Project Sponsor’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.

3. Workers Compensation Insurance:

Construction projects – including but not limited to bike/pedestrian paths, bike lanes, smart growth and vehicle infrastructure, as required by California law and employers’ insurance with a limit not less than $1 million.

4. Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The Air District may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.

The following table lists the type of insurance coverage generally required for each project type. The requirements may differ in specific cases. Administering agencies should contact the Air District liaison with questions, especially about unusual projects. __________________________________________________________________________________ Bay Area Air Quality Management District Transportation Fund for Clean Air – County Program Manager / 40% Fund Page 29 Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix G – Page 5
Air District TFCA 40% Guidance FYE 2026
__________________________________________________________________________________ Bay Area Air Quality Management District Transportation Fund for Clean Air – County Program Manager / 40% Fund Page 30 Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 Alameda CTC Agreement No. A25-0057
Project No. 1572000
Appendix G – Page 6
APPENDIX G-3

AIR DISTRICT TFCA LOGOS
PROJECT SPONSOR shall comply with all of the publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT, including TFCA funding, as detailed in the Recitals Section I.21 of this AGREEMENT.
• A link to download Air District’s latest logos is available on Alameda CTC’s TFCA webpage <https://www.alamedactc.org/funding/transportation-fund-for-clean-air>. • Physical decals for bike racks, signal boxes, and vehicles are available upon request to Alameda CTC staff, whose contact information is listed on Alameda CTC’s TFCA webpage.

Docusign Envelope ID: D9B01733-E4E6-4F7D-AFD6-B9298BFC0FD4 City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: January 20, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING TITLE 9 (PLANNING REGULATIONS) OF THE

EMERYVILLE MUNICIPAL CODE TO IMPLEMENT PROGRAM LL OF
THE APPROVED 2023-2031 HOUSING ELEMENT (CEQA
DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINES
SECTIONS 15162 AND 15164 AND PUBLIC RESOURCES CODE
SECTION 21080.085 BECAUSE THIS ORDINANCE IMPLEMENTS THE

SCHEDULE OF ACTIONS IN AN APPROVED HOUSING ELEMENT)

RECOMMENDATION
Staff and the Planning Commission recommend that the City Council waive first reading and introduce by title only the attached Ordinance amending Title 9 of the Emeryville Municipal Code, entitled “Planning Regulations”, to implement Program LL of the approved 2023-2031 Housing Element.

DISCUSSION
Background
California Government Code Section 65300 requires each city and county to adopt a General Plan for the physical development of the jurisdiction. State law requires that General Plans include seven elements which must cover the following topics: Land Use, Circulation, Housing, Safety, Noise, Conservation, and Open Space.

State requirements for Housing elements are more detailed and specific than for the other General Plan elements: Housing elements are updated every eight years according to a schedule set by the State. The City of Emeryville adopted its General Plan, except the Housing Element, in October of 2009. The current Emeryville Housing Element covers the eight-year period from 2023 to 2031 and is contained in a separate document from the General Plan. On December 8, 2022, the Planning Commission unanimously voted to recommend approval of the Housing Element to City Council. The City Council unanimously adopted the Housing Element on December 12, 2022.

Program LL is one of many steps implementing the Housing Element. The Housing Element contains 45 programs (labeled “A” through “SS”), many of which include multiple actions to complete during the course of the Housing Element. Each program includes one or more implementation timeline, such as “short term,” “mid term,” “long term,” “ongoing,” and “as needed.” Program LL has a timeframe of “Short Term for all except Group Residential and Single-Room Occupancy (SRO), which is Mid Term.” Program LL states that “The City will implement the following Planning Regulations amendments to alleviate constraints to the production of housing, including the Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

production of housing for special needs populations. It further states that ”the outcome of Program C, ‘Objective Design and Development Standards’, will support the objectives in this program by providing objective standards that address the potential for subjectivity in the City’s approval processes” (Page 220 of the Housing Element).

Objective Standards were first read and unanimously approved by the City Council on December 19, 2023, and have been in effect since January 18, 2024 (Ordinance No. 23-005). This staff report outlines the proposed changes to the Planning Regulations required to comply with the actions outlined in Program LL.

Proposed Changes
Program LL of the Housing Element contains the following eight implementing actions.

Notably, these actions principally consist of changes required for compliance with State laws:

1. Employee Housing. Planning Regulations will be updated to comply with Health and Safety Code Section 17021.5, which requires the City to treat employee housing that serves six or fewer persons as a single-family structure and permitted in the same manner as other single-family structures of the same type in the same zone (Health and Safety Code Section 17021.5). The City will establish a definition of employee housing and ensure permitting requirements are compliant with Health and Safety Code Section 17021.5.

2. Residential Care Facilities. Planning Regulations will be updated to allow residential care facilities with seven or more persons to be subject to the same restrictions that apply to other residential uses of the same type in the same zone.

3. Agricultural Worker Housing. Planning Regulations will be updated to define agricultural worker housing and to identify that any agricultural worker housing consisting of no more than 36 beds in a group quarters or 12 units or spaces shall be deemed an agricultural land use and permitted in the same manner as agricultural uses consistent with Health and Safety Code Section 17021.6. The Planning Regulations will also be updated to provide for streamlined, ministerial approval of agricultural worker housing that meets the requirements of Health and Safety Code Section 17021.8.

4. Group Residential and Single-Room Occupancy (SRO). Planning Regulations will be amended to permit group residential uses with seven or more residents through a ministerial process rather than requiring a Conditional Use Permit (CUP) to address the needs of extremely low-income households and expanding affordable housing opportunities. Additionally, the City will adopt a group residential preservation ordinance to maintain existing housing available to extremely low-income households and make any necessary updates to the Planning Regulations.

5. Emergency Shelters. The City will review and revise parking requirements for emergency shelters to ensure that parking standards are sufficient to accommodate all staff, provided standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone, per California Government Code Section 65583(a)(4). Additionally, the City Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

will remove the CUP on emergency shelters in the MUR and INL zones, subject only to a by right process and consider allowing them with a CUP in the P zone. A Low Barrier Navigation Center is a type of emergency shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing. In accordance with AB 101, the City will amend its Planning Regulations to allow Low Barrier Navigation Centers by right in all zones that allow mixed-uses and all nonresidential zones allowing multifamily residential.

6. Three to Four Multi-Units. The City will permit by right 3- and 4-unit multi-unit projects in the RM district with no density requirement, as long as it is in compliance with FAR and height limits. Base FAR will also be increased to 1.0 and Bonus FAR will be eliminated in the RM Zone.

7. Mobile/Manufactured Planning Regulation Amendment. Planning Regulations will be updated to require mobile and manufactured homes the same approval processes as single-family residential uses, in compliance with California Government Code Section 65852.3.

8. Conversion from Single-Family Home to Duplex. Within two years of Housing Element adoption, the City will examine opportunities to streamline the permitting process to convert single-family homes to duplexes, including the possibility of waiving the requirement for Planning Commission approval for projects that will not maintain the same square footage. (See also Program B.) The second part of #6 (“Base FAR will also be increased to 1.0 and Bonus FAR will be eliminated in the RM Zone.”) and #8 (“waiving the requirement for Planning Commission approval for projects that will not maintain the same square footage.”) require a General Plan amendment. These amendments will be presented to the Planning Commission for recommendation and the City Council for approval in Spring 2026, after the required 90- day Tribal Notification Period, as required by State Government Code Section 65352.3.

Below are the changes that are being made to the Planning Regulations to implement the remaining actions in Program LL:

1. Employee Housing.
• Section 9-2.210 (new): definition added of “Employee Housing” use type for six or fewer persons.
• Table 9-3.202 amended adding the Employee Housing use type, permitted in the RM, RMH, RH, MUR, and MURS base zones. • Table 9-4.404 (Estimated Parking Demand) amended adding the Employee Housing use type.

2. Residential Care Facilities.
• Table 9-3.202 amended changing Residential Care Facilities from conditionally permitted (C) to permitted (P) in the RM, RMH, RH, MUR and MURS base zones.

3. Agricultural Worker Housing.

Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

• Section 9-2.510 (new): definition added of Agricultural Worker Housing use type.
• Table 9-3.202: amended adding the Agricultural Worker Housing use type, permitted in the same manner as agricultural uses.
• Table 9-4.404 (Estimated Parking Demand): amended adding the Agricultural Worker Housing use type.

4. Group Residential and Single-Room Occupancy (SRO).
• Table 9-3.202: amended changing Group Residential (which includes SROs in the definition) from conditionally permitted (C) to permitted (P) in the RM, RMH, RH, MUR and MURS base zones.
• Section 9-5.1206(b)(1): amendment to the Preservation of Structures Ordinance to include all residential use types (not just “residential unit”) to clarify that group residential is included.

5. Emergency Shelters.
• Section 9-2.322 (new) definition added for Low Barrier Navigation Center use type.
• Table 9-3.202 amended to remove the conditional use permit (C) for the Emergency Shelters use type in the MUR and INL zones and replacing it as permitted (P), and removing the prohibition (X) in the P zone and replacing it with a conditional use permit (C).
• Table 9-3.202 amended to add the Low Barrier Navigation Center use type and making it permitted (P) and conditionally permitted (C) in the same base zones as the Emergency Shelter use type.
• Section 9-4.404(f) amended to specify that Emergency Shelters and Low Barrier Navigation Centers shall have no maximum number of parking spaces.
• Table 9-4.404 (Estimated Parking Demand) amended adding the Low Barrier Navigation Center use type.

6. Three to Four Multi-Units.
• Section 9-2.206 (new): definition added for Three (3) and Four (4) MultiUnit use type. • Section 9-2.207: amended “Multi Unit” use type definition to “Five (5) or More Multi-Unit.”
• Section 9-2.802: amended to include both multi-unit types (Three (3) and Four (4) Multi-Unit, and Five or More Multi-Unit) to the Residential Mixed Use Group.
• Table 9-3.202: amended adding the Three (3) and Four (4) Multi-Unit use type, permitted in the RM, RMH, RH, MUR, and MURS base zones. • Section 9-4.202(f): amended to specify both multi-unit types (Three (3) and Four (4) Multi-Unit, and Five or More Multi-Unit).
• Section 9-4.303(a)(2): amended to specify both multi-unit types (Three (3) and Four (4) Multi-Unit, and Five or More Multi-Unit).
• Section 9-4.303(a)(3)a.i.: amended to specify both multi-unit types (Three (3) and Four (4) Multi-Unit, and Five or More Multi-Unit).

Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

• Table 9-4.404 (Estimated Parking Demand): amended adding the Three (3) and Four (4) Multi-Unit use type.
• Table 9-4.409 (Loading Requirements): amended to remove “multi-unit” and replace with “Residential Uses.”
• Section 9-5.214: amended “Multi-Unit” to “any Multi-Unit use type.” • Section 9-5.2002: amended to include both multi-unit types (Three (3) and Four (4) Multi-Unit, and Five or More Multi-Unit) to the applicability of Article 20: Multi-Unit Residential Developments.
• Section 9-5.2006(a): amended from “Multi-Unit” to “All Multi-Unit.” • Section 9-5.2006(b): amended from “Multi-Unit” to “All Multi-Unit.” • Section 9-5.2007: amended from “Multi-Unit” to “All Multi-Unit.” • Section 9-7.404(a): amended to include both multi-unit types (Three (3) and Four (4) Multi-Unit, and Five or More Multi-Unit).
• Section 9-7.404(b)(2): amended to include both multi-unit types (Three (3) and Four (4) Multi-Unit, and Five or More Multi-Unit).
• Section 9-7. 1604(a)(4): amended to include both multi-unit types (Three (3) and Four (4) Multi-Unit, and Five or More Multi-Unit). • Section 9-8.201(z): amended to include both multi-unit types (Three (3) and Four (4) Multi-Unit, and Five or More Multi-Unit) to the definition of “apartment.”
• Section 9-8.204(p): amended to included new Three (3) and Four (4) Multi-Unit use type to the definition for “dwelling.”
• Section 9-8.215(a): amended to included new Three (3) and Four (4) Multi-Unit use type to the definition for “objective design review.”

7. Mobile/Manufactured Planning Regulation Amendment.
• Table 9-3.202 amended to remove the conditional use permit (C) for the Mobile Home Park use type in the RM zone and replacing it as permitted (P).

STRATEGIC PLAN CONNECTION
The City’s Strategic Plan includes “Housing Element Implementation” as Item No. 5 under the “Livable, Safe, and Vibrant Community” Multi-Year Goal.

FISCAL IMPACT
None.

STAFF COMMUNICATION WITH THE PUBLIC
On December 11, 2025 the Planning Commission held a public hearing on the proposed amendments to the Planning Regulations. There was no public comment and the Commission unanimously recommended the City Council approve the proposed Ordinance.

Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

CONFLICT OF INTEREST
None.

CONCLUSION
Staff recommends that the City Council take the following actions:
▪ Open the public hearing and take testimony on the proposed ordinance. ▪ Close the public hearing and consider the Staff Report and proposed ordinance. ▪ Waive first reading and introduce the attached ordinance.

PREPARED BY: Navarre Oaks, Senior Planner

ATTACHMENTS
▪ Ordinance Amending Title 9 (Planning Regulations) Of The Emeryville Municipal Code
ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE TO IMPLEMENT PROGRAM LL OF THE APPROVED 2023-2031 HOUSING ELEMENT (CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINES SECTIONS 15162 AND 15164 AND PUBLIC RESOURCES CODE SECTION 21080.085 BECAUSE

THIS ORDINANCE IMPLEMENTS THE SCHEDULE OF ACTIONS IN AN APPROVED

HOUSING ELEMENT)
WHEREAS, California Government Code Section 65300 requires each city and county to adopt a General Plan for the physical development of the jurisdiction and State law requires that General Plans contain seven elements which must include a Housing Element; and
WHEREAS, the current Emeryville Housing Element covers the eight-year period from 2023 to 2031 and the Planning Commission unanimously voted to recommend approval of the Housing Element to City Council, and the City Council unanimously adopted the Housing Element on December 12, 2022; and
WHEREAS, Program LL is one of several steps required to implement the Housing Element; and
WHEREAS, Program LL states that “The City will implement the following Planning regulation amendments to alleviate constraints to the production of housing, including the production of housing for special needs populations.”; and WHEREAS, the attached ordinance addresses all components of Program LL except those requiring a General Plan amendment; and
WHEREAS, on December 11, 2025 the Planning Commission held a duly and properly noticed public hearing and recommended that the Council adopt the ordinance;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EMERYVILLE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION ONE. PURPOSE AND INTENT.

The above recitals being true and correct and incorporated by reference, the purpose of this Ordinance is to implement Program LL of the Housing Element.

SECTION TWO. FINDINGS FOR ADOPTING ORDINACE.

The City Council of the City of Emeryville makes the following findings as required by Emeryville Municipal Code Sections 9-7.1305:

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

(a) The proposed amendment is consistent with the General Plan.

The proposed amendment is consistent with General Plan goal LU-G-4 “LU-G-4 A mix of housing types—A diversity of housing types to accommodate a variety of household sizes and incomes” and the following Housing Element Goals and Policies:

Goal H-3 Housing Needs: Ensure housing is accessible and affordable to very-low, low, and moderate income residents, with a priority for those with special needs.

Policy H—5-3 Monitor State and federal housing-related legislation, and update City plans, ordinances, and processes as appropriate to remove or reduce governmental constraints.

The proposed amendments increase the types of residential uses in the Planning Regulations (Employee Housing and Agricultural Worker Housing) that are accessible and affordable to low income groups, and reduces governmental constraints by removing conditional use permit requirements in some zones for Emergency Shelters and Group Homes.
(b) The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.

The proposed amendments are necessary for the public’s health, safety and welfare because they facilitate the implementation of Program LL in the Housing Element.
(c) The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

The proposed amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.085 because it implements the schedule of actions in an approved housing element.
(d) For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.

No changes to the Zoning Map in Figure 3.103(a) or the Zoning Overlay Map in Figure 9-3.103(b) of the Planning Regulations are proposed.

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

SECTION THREE. ADDING SECTION 9-2.206, “THREE (3) AND FOUR (4) MULTI-UNIT” TO TITLE 9 (PLANNING REGULATIONS) TO THE EMERYVILLE MUNICIPAL CODE.

Additions are indicated below with added text underlined:
9-2.206 Three (3) and Four (4) Multi-Unit.

Three (3) or four (4) dwelling units on a single lot that may be either attached or detached.

Typical uses include townhouses, condominiums, and apartment buildings. (See also Section 9-5.2009.)
SECTION FOUR. AMENDING SECTION 9-2.207, “FIVE (5) OR MORE MULTIUNIT” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE.

Section 9-2.207, “Multi-Unit”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-2.207 Five (5) or More Multi-Unit.

Three (3) Five (5) or more dwelling units on a single lot that may be either attached or detached. Typical uses include townhouses, condominiums, and apartment buildings. (See also Article 20 of Chapter 5.)
SECTION FIVE. ADDING SECTION 9-2.202, “EMPLOYEE HOUSING” TO TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE.

Additions are indicated below with added text underlined:
9-2.210 Employee Housing.

Accommodations for six or fewer persons, maintained in connection with any work or place where work is being performed, whether or not rent is involved, consisting of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobilehomes or camping of five or more employees by the employer.

SECTION SIX. ADDING SECTION 9-2.322, “LOW BARRIER NAVIGATION CENTER” TO TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

MUNICIPAL CODE.

Additions are indicated below with added text underlined:
9-2.322 Low Barrier Navigation Center.

A low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A Low Barrier Navigation Center may be non-congregate and relocatable.

SECTION SEVEN. ADDING SECTION 9-2.510, “AGRICULTURAL WORKER HOUSING” TO TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE.

Additions are indicated below with added text underlined:
9-2.510 Agricultural Worker Housing
Any agricultural worker housing consisting of no more than 36 beds in a group quarters or 12 units or spaces shall be deemed an agricultural land use and permitted in the same manner as agricultural uses and permitted in the same manner as agricultural uses consistent with Health and Safety Code Section 17021.6. Agricultural Worker Housing includes housing that meets the requirements of Health and Safety Code Section 17021.8.

SECTION EIGHT. AMENDING SECTION 9-2.802 “RESIDENTIAL MIXED USE GROUP” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE.

Section 9-2.802, “Residential Mixed Use Group”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-2.802 Residential Mixed Use Group.

This group is characterized by multiple dwelling units in a single structure or group of structures, and includes the following use classifications:

Three (3) and Four (4) Multi-Unit
Five (5) or More Multi-Unit
Residential Care Facility
Supportive Housing
Live/Work Units
SECTION NINE. AMENDING TABLE 9-3.202 “USES PREMITTED,
Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

CONDITIONALLY PERMITTED, AND PROHIBITED” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE.

Table 9-3.202, “Uses Permitted, Conditionally Permitted and Prohibited”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):

Table 9-3.202: Uses Permitted, Conditionally Permitted and Prohibited Base Zones Overlay
Zones
Use Classifications RM RMH RH MUR MURS MUN OT OT/DH INL INH P M PO SM UT PA NR RR TH Residential
Single Unit P X X X X X X X X X X X X X X
Two (2) Unit P X X X X X X X X X X X X X X
Three (3) and Four (4) Multi-Unit P P P P P X X X X X X X X X X Five (5) or More Multi-Unit11 CM P P P P X X X X X X X X X X Domestic Violence Shelter C C C C C X X X X X X X X X X Group Residential
Small P P P P P X X X X X X X X X X
Large C P C P C P C P C P X X X X X X X X X X
Employee Housing P P P P P X X X X X X X X X X
Mobile Home Park C P X X X X X X X X X X X X X X
Residential Care Facility
Limited P P P P P X X X X X X X X X X
General C P C P C P C P C P X X X X X X X X X X
Supportive Housing
Single or Two Unit P X X X X X X X X X X X X X X
Multi-Unit Three or More
Units

CM P P P P X X X X X X X X X X
Transitional Housing
Single or Two Unit P X X X X X X X X X X X X X X
Multi-Unit Three or More
Units

CM P P P P X X X X X X X X X X
Commercial and Institutional
Emergency Shelters X X X C P P C C C C P X XC X X X X
Low Barrier Navigation Center X X X P P C C X P X C X X X X Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

Table 9-3.202: Uses Permitted, Conditionally Permitted and Prohibited Base Zones Overlay
Zones
Use Classifications RM RMH RH MUR MURS MUN OT OT/DH INL INH P M PO SM UT PA NR RR TH Agriculture
Community Gardens CM CM CM CM CM CM X C C X C CM CM X X Indoor Agriculture CM CM CM CM CM CM C C P P X X X X X
Outdoor Agriculture CM C C C C C X X CM C X X X X X
Animal Husbandry X X X X X C X X C C X X X X X
Agricultural Worker Housing CM CM CM CM CM CM C C P P C CM CM X X SECTION TEN. AMENDING SECTION 9-4.202(f) “BUILDING BULK” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE.

Section 9-2.202(f) “Building Bulk”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-4.202(f) Building Bulk. All development proposals are subject to design review pursuant to the design review procedures in Article 4 of Chapter 7, including the provisions of the Emeryville Design Guidelines pertaining to building massing. New construction of Three (3) and Four (4) Multi-Unit and Five (5) or More Multi-Unit multiunit residential developments is also required to meet the following standards, as applicable:

SECTION ELEVEN. AMENDING SECTION 9-4.303(a)(2) “MULTI-UNIT RESIDENTIAL AND LIVE/WORK USES” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICPAL CODE.

Section 9-4.303(a)(2) “Multi-Unit Residential and Live/Work Uses.”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-4.303(a)(2) Three (3) and Four (4) Multi-Unit and Five (5) or More Multi-Unit Residential and Live/Work Uses.

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

SECTION TWELVE. AMENDING SECTION 9-4.303(a)(3)a.i. “RESIDENTIAL USES OTHER THAN MULTI-UNIT USES” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICPAL CODE.

Section 9-4.303(a)(2) “Residential Uses Other Than Multi-Unit Uses.”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-4.303(a)(2) Residential Uses Other Than Three (3) and Four (4) Multi-Unit and Five (5) or More Multi-Unit Uses. Except as provided in subsection (a)(5)(a) of this section, new buildings or additions that exceed ten thousand (10,000) square feet shall provide a minimum area of common open space and/or privately owned public open space (POPOS) that totals at least five percent (5%) of the gross floor area.

SECTION THIRTEEN. AMENDING TABLE 9-4.404 “ESTIMATED PARKING DEMAND” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICPAL CODE.

Table 9-4.404 “Estimated Parking Demand.”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):

Table 9-4.404: Estimated Parking Demand
Use Type
Number
of
Spaces
Per
Residential Use Types
Single Unit 1 dwelling unit
Two (2) Unit, Three (3) and Four (4) Multi-Unit and Five (5) or More Multi-Unit
All except senior2 and low-income housing3
Resident parking 1 dwelling unit
Guest parking for developments with five or more
dwelling units

0.2 dwelling unit
Senior2 and low-income housing3
Resident parking 0.5 dwelling unit
Guest parking for developments with five or more
dwelling units

0.2 dwelling unit
Domestic Violence Shelter 0.25 bed
Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

Table 9-4.404: Estimated Parking Demand
Use Type
Number
of
Spaces
Per
Group Residential
Small none
Large 0.25 bed
Employee Housing TBD1
Mobile Home Park 1 mobile home
Residential Care Facility
Limited none
General 0.25 bed
Supportive Housing 0.25 bed
Transitional Housing 0.25 bed
Commercial and Institutional Use Types
Emergency Shelters TBD1
Low Barrier Navigation Center TBD1
Agricultural Use Types
Community Gardens TBD1
Indoor Agriculture TBD1
Outdoor Agriculture TBD1
Animal Husbandry TBD1
Agricultural Worker Housing TBD1
Notes:

1. TBD = To be determined. See Section 9-4.404(e).

2. Senior housing means housing that is restricted to older adults, in which at least one (1) resident of each unit must be a “senior citizen” as defined in California Civil Code Section 51.3.

3. Low-income housing means housing that is restricted to low, very low, or extremely low income households, as defined for Alameda County by the California Department of Housing and Community Development.

4. Each thirty inches (30") of a fixed bench or pew shall be considered one (1) seat.

5. Service bays may not be counted towards this requirement.

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

6. Fueling stations may be counted towards this requirement.

SECTION FOURTEEN. AMENDING SECTION 9-4.404(f) “MINIMUM AND MAXIMUM PARKING REQUIREMENTS” IN TITLE 9 (PLANNING
REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE.

Section 9-4.404(f), “Minimum and Maximum Parking Requirements”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-4.404(f) Minimum and Maximum Parking Requirements. There is no minimum number of parking spaces required for any use, except for accessible parking pursuant to Section 9-4.403(c). The maximum number of parking spaces allowed shall be ten percent (10%) more than the estimated parking demand as indicated in Table 9-4.404, except for Emergency Shelters and Low Barrier Navigation Centers, which shall have no maximum number of parking spaces.

SECTION FIFTEEN. AMENDING TABLE 9-4.409 “LOADING REQUIREMENTS” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICPAL CODE.

Table 9-4.409 “Loading Requirements”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):

Table 9-4.409: Loading Requirements
Use Type Number of
Spaces Size
Residential Uses Types
Multi-Unit
Less than 50 units none
50 to 149 units 1 small
150 to 300 units 2 small
Each additional 300 units or fraction of one-half or
more thereof
1 medium
SECTION SIXTEEN. AMENDING SECTION 9-5.214 “SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICPAL CODE.

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

Section 9-5.214 “Supportive Housing and Transitional Housing.”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-5.214 Supportive Housing and Transitional Housing. A Supportive Housing or Transitional Housing development shall be considered a residential use of property subject only to those same restrictions that apply to other residential uses of the same type (e.g., One (1) Unit, Two (2) Unit, or any Multi-Unit use type) in the same zoning district.

SECTION SEVENTEEN. AMENDING SECTION 9-5.1206(b)(1)
“DEMOLITION” IN TITLE 9 (PLANNING REGULATIONS) OF THE
EMERYVILLE MUNICIPAL CODE.

Section 9-5.1206(b)(1), “Demolition”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):

Section 9-5.1206(b)(1) Demolition.

Demolition: The City Council shall authorize demolition of a residential unit any residential use type in Article 2 of Chapter 2 in the Planning Regulations (Residential Use Types) only in the following situations.

SECTION EIGHTEEN. AMENDING SECTION 9-5.2002
“APPLICABILITY” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL. CODE
Section 9-5.2002, “Applicability”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):

Section 9-5.2002 Applicability.

Except as otherwise stipulated, the provisions of this article apply to any proposal to develop a Three (3) and Four (4) Multi-Unit of Five (5) or More Multi-Unit multi-unit residential use, as defined in Section 9-2.207 and 9-2.206.

SECTION NINETEEN. AMENDING SECTION 9-5.2006(a) “PROJECTS NOT SEEKING DEVELOPMENT BONUSES” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICPAL CODE.

Section 9-5.2006(a) “Projects Not Seeking Development Bonuses.”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

9-5.2006(a) Projects Not Seeking Development Bonuses. All Mmulti-unit residential projects not seeking development bonuses, either pursuant to Section 9-4.204 or Article 5 of Chapter 5, shall pay the affordable housing impact fee pursuant to the requirements of Section 9-5.406, or may propose to provide affordable units in the project pursuant to the requirements of Section 9-5.407.

SECTION TWENTY. AMENDING SECTION 9-5.2006(b) “PROJECTS SEEKING DEVELOPMENT BONUSES” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICPAL CODE.

Section 9-5.2006(b) “Projects Seeking Development Bonuses.”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-5.2006(b) Projects Seeking Development Bonuses. All Mmulti-unit residential projects seeking development bonuses, either pursuant to Section 9-4.204 or Article 5 of Chapter 5, shall be exempt from the affordable housing impact fee requirements of Section 9-

5.406, but shall provide affordable units in the project pursuant to the applicable provisions of Section 9-4.204 or Article 5 of Chapter 5.

SECTION TWENTY-ONE. AMENDING SECTION 9-5.2007 “OWNERSHIP HOUSING” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICPAL CODE.

Section 9-5.2007 “Ownership Housing.”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-5.2007 Ownership Housing. All Mmulti-unit residential projects seeking development bonuses pursuant to Section 9-4.204 shall be subject to the following requirements for ownership housing:

SECTION TWENTY-TWO. AMENDING SECTION 9-7.404(a) “OBJECTIVE DESIGN REVIEW” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICPAL CODE.

Section 9-7.404(a) “Objective Design Review.”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-7.404(a) “Objective Design Review. The Director conducts objective design review in conjunction with zoning compliance review for Three (3) and Four (4) Multi-Unit, Five (5) or More Multi-Unit multi-unit residential development applications and makes a decision to approve or deny the design.

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

SECTION TWENTY-THREE. AMENDING SECTION 9-7.404(b)(2) “MINOR DESIGN REVIEW” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICPAL CODE.

Section 9-7.404(b)(2) “Minor Design Review.”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-7.404(b)(2) “New construction or alteration of Three (3) and Four (4) Multi-Unit, or Five (5) or More Multi-Unit multi-unit residential uses with fewer than ten (10) units.

SECTION TWENTY-FOUR. AMENDING SECTION 9-7.1604(a)(4) “OBJECTIVE STANDARDS” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICPAL CODE.

Section 9-7.1604(a)(4) “Objective Standards.”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-7.1604(a)(4) Three (3) and Four (4) Multi-Unit, and Five (5) or More Multi-Unit Residential Design and Amenities, Section 9-5.2009.

SECTION TWENTY-FIVE. AMENDING SECTION 9-8.201(z) ““A” TERMS” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICPAL CODE.

Section 9-8.201(z) ““A” Terms.”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-8.201(z) “Apartment” means a dwelling unit in a two (2) unit or multi-unit Two (2) Unit, Three (3) and Four (4) Multi-Unit, or Five (5) or More Multi-Unit residential structure that is not a condominium unit, and is typically not owner-occupied.

SECTION TWENTY-SIX. AMENDING SECTION 9-8.204 ““D” TERMS” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE.

Section 9-8.204, “D Terms”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-8.204 “D” Terms.
(p) “Dwelling” means a building or portion thereof used exclusively for residential purposes and accessory uses thereto, including One (1) Unit, Two (2) Unit, Three (3) and Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

Four (4) Multi-Unit, and Five (5) or More Multi-Unit residential uses, but not including hotels, motels, boarding houses, residential care facilities, or other use types classified as Residential.

SECTION TWENTY-SEVEN. AMENDING SECTION 9-8.215(a) ““O” TERMS” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICPAL CODE.

Section 9-8.215(a) “Objective Design Review.”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-8.215(a) “Objective design review” means design review in conjunction with zoning compliance review for multi-unit Three (3) and Four (4) Multi-Unit, or Five (5) or More MultiUnit residential projects, subject to approval by the Director of Planning and Building pursuant to Section 9-7.404(a).

SECTION TWENTY-EIGHT. SEVERABILITY.

The City Council of the City of Emeryville declares that each section, subsection, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, subparagraph, sentence, clause and phrase of this ordinance. If any section, subsection, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated.

SECTION TWENTY-NINE. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.

This ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15162 and 15164, the City Council adopted an addendum to the General Plan EIR when it approved the 2023-2031 Housing Element, and the proposed amendments implement the Housing Element and are thus within the scope of activities analyzed by the Addendum and the General Plan EIR. Further, the proposed amendments are exempt from CEQA pursuant to Public Resources Code Section 21080.085 because they implement the schedule of actions in an approved Housing Element.

SECTION THIRTY. EFFECTIVE DATE.

This Ordinance shall take effect 30 days following its final passage. The City Clerk Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

is directed to cause copies of this Ordinance to be posted or published as required by Government Code section 36933.

SECTION THIRTY-ONE. CODIFICATION.

Sections Three, Four, Five, Six, Seven, Eight, Nine, Ten, Eleven, Twelve, Thirteen, Fourteen, Fifteen, Sixteen, Seventeen, Eighteen, Nineteen, Twenty, Twenty-one, Twenty-two, Twenty-three, Twenty-four, Twenty-five, Twenty-six, and Twentyseven of this Ordinance shall be codified in the Emeryville Municipal Code.

Sections One, Two, Twenty-eight, Twenty-nine, Thirty, and Thirty-one shall NOT be so codified.

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Housing Element Program LL City Council Meeting | January 20, 2026

This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held January 20, 2026 and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held February 17, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: January 20, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING BICYCLE PARKING REQUIREMENTS IN SECTION 9-4.408 OF TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE
MUNICIPAL CODE (CEQA DETERMINATION: EXEMPT PURSUANT TO
GUIDELINES SECTIONS 15378 AND 15061(B)(3))

RECOMMENDATION
Staff and the Planning Commission recommend that the City Council waive first reading and introduce by title only the attached Ordinance amending Title 9 of the Emeryville Municipal Code (EMC), entitled “Planning Regulations”, to amend bicycle parking requirements in EMC Section 9-4.408.

BACKGROUND
The Metropolitan Transportation Commission (MTC) administers the One Bay Area Grant (OBAG) program. Beginning in spring 2026, future funding cycles will consider prioritizing investments in transit station areas that are subject to and compliant with MTC’s Transit-Oriented Communities (TOC) Policy. Emeryville’s Amtrak Station, and the half-mile area around it, are subject to MTC’s TOC policy. Staff is currently working to demonstrate Emeryville’s compliance in the four core TOC policy elements:
(i) land use density;
(ii) affordable housing;
(iii) parking management; and
(iv) complete streets/multimodal access.

Emeryville’s existing policies generally exceed TOC compliance requirements, however, in order to continue to be prioritized in future funding cycles, the City needs to update its bicycle parking requirements.

DISCUSSION
Current Bicycle Parking Standards and Requirements
MTC’s TOC bicycle parking standards are:
• at least one secure bicycle parking space per dwelling unit, and • at least one secure bicycle parking space per 5,000 occupied square feet for commercial office uses.

These are the only two uses specifically addressed.

Amending Bicycle Parking Requirements In Section 9-4.408 In Title 9 (Planning Regulations) City Council Meeting | January 20, 2026

Emeryville’s bicycle parking currently requires:
• at least one long-term space for studios and one-bedroom units and two longterm spaces for units with two or more bedrooms; and • at least one short-term and one long-term bicycle parking space per 4,167 square feet of office space 1.

Emeryville’s residential bicycle parking standards are calculated on a per-unit basis, which is the same metric used by MTC, and the City’s requirements exceed MTC’s requirements. Therefore, no change is necessary to the residential requirements and the City is in compliance with the MTC policy.

However, Emeryville’s standards for non-residential bicycle parking are based on a different metric than that used by MTC, and therefore the City’s Planning Regulations must be revised to comply with those requirements.

Section 9-4.408 of the Planning Regulations states that for both short-term and longterm bicycle parking, “all uses except residential uses shall provide the greater of: Two short-term bicycle parking spaces; or one … bicycle parking space for every 10 automobile parking spaces indicated as the estimated parking demand in Table 9-

4.404.” Emeryville must change these bicycle parking requirements to be based on square footage of use type in order to align with MTC’s standard for non-residential bicycle parking.

Currently, to calculate the bicycle parking requirement for office uses, staff consults the Estimated Parking Demand Table, which shows all Office uses as requiring 2.4 car parking spaces per 1,000 square feet of office use. So, for a 10,000 square foot office, 24 car spaces are required. The resulting number of car spaces is then divided by 10 to find the required amount of bicycle parking spaces. For a 10,000 square foot office, 2.4 bicycle spaces are required (which is rounded to two spaces). Based on those calculations, the City would require one bicycle parking space per 4,167 square feet of office use (10,000 square feet divided by 2.4).

In assessing how best to move forward, staff compared Emeryville’s bicycle parking requirements to seven other California cities: Oakland, Berkeley, Alameda, San Francisco, Davis, Sacramento and Los Angeles. Staff found that Emeryville is the only city to still use car-based calculations for bicycle parking. All of the comparative cities use separate tables: one for calculating automotive parking spaces, and one for calculating required bicycle parking spaces. Separating the tables makes the parking regulations more user friendly and easier to read.

Proposed Changes
While TOC compliance only requires that Emeryville modify how bicycle parking is calculated for office uses, it would not be logical to make this change for only one use and leave the remaining non-residential uses based on the Estimated Parking Demand 1 While Emeryville bicycle parking regulations specify bicycle parking for both short-term spaces (meant for guests and visitors) and long-term spaces (meant for residents or workers who stay for most of the day or overnight), MTC’s TOC bicycle parking standards only state the total amount required.

Amending Bicycle Parking Requirements In Section 9-4.408 In Title 9 (Planning Regulations) City Council Meeting | January 20, 2026

Table. Accordingly, staff proposes creating a new Bicycle Parking Requirements Table to be inserted in the Planning Regulations (see Attachment 1: Table 9-4.408 Required Bicycle Parking).

After comparing the City’s existing requirements to those in the other seven cities, staff proposes revising the current bicycle parking standards as follows:

1. Table format. Staff proposes a user-friendly table specifically for bicycle parking requirements (Table 9-4.408: Required Bicycle Parking is attached as Attachment 1). Emeryville’s Estimated Parking Demand Table for cars is six pages long, listing parking calculations for every single use type. By contrast, the bicycle parking requirements of the seven cities staff looked at were all contained in simplified tables that grouped uses and parking requirements, making simplified tables often not more than a single page long. Subsequently, the proposed table is simplified, grouping uses by category for ease of use.

2. Square foot calculations. Bicycle parking requirements for almost all uses are converted to a square foot calculation. Staff proposes to maintain the existing parking requirements for residential units, and to simplify the requirements for uses that are measured by “bed” instead of unit (e.g. senior housing, group homes, etc.). For non-residential uses, most existing conversions to square footage are kept, but rounded for convenience of calculation. Staff is not aware of any current shortcomings in the City’s current bicycle parking requirements and neither the BPAC, nor the Transportation and Sustainability Committee, nor the Planning Commission raised any concerns about non-residential requirements being largely kept as they are, but changing from a per-car calculation to a square foot calculation.

3. “To Be Determined” (TBD). Some bicycle parking requirements are not listed with a square foot calculation, but instead as “TBD.” The second footnote to the proposed Table 9-4.408: Required Bicycle Parking, states “Where estimated parking demand is to be determined (“TBD”), the estimated parking demand shall be determined based on the characteristics of the specific use in question and other similar uses.”
When an application is submitted and the parking requirement is listed as “TBD” the unique characteristics of that particular application are assessed to determine the appropriate amount of bicycle parking. For example, if two applications for schools are submitted, they are the same use type but may have very different circumstances that could affect the amount of bicycle parking needed. One school could be for younger students living locally, and situated along the greenway; while the other school could be for older students commuting regionally, and situated near Powell Street and the freeway. While both of these uses would be a “school” use, their bicycle parking needs would be very different, thus the use of “TBD” in the table.

This is consistent with existing practice and how “TBD” is used in the Estimated Parking Demand Table for vehicles, which also lists some calculations as “TBD.” Because the proposed Table for Required Bicycle Parking is simplified, the uses Amending Bicycle Parking Requirements In Section 9-4.408 In Title 9 (Planning Regulations) City Council Meeting | January 20, 2026

that are listed as “TBD” vary slightly from what is shown in the Table for Estimated Parking Demand for vehicles. In the proposed table for bicycles, some uses that previously used square footage are now shown as “TBD” (e.g. adult oriented businesses) and some uses that currently use “TBD” are proposed to use square footage (e.g. hazardous facilities, now grouped with other industrial use types). These changes are proposed based on staff experience and observing how the other seven cities have simplified their bicycle parking requirements.

STRATEGIC PLAN CONNECTION (IF APPLICABLE)
Amending Bicycle Parking Regulations in Section 9-4.408 of the Planning Regulations maintains the City’s eligibility to receive OBAG grants administered by the MTC. These grants often support pedestrian and bicycle-oriented capital improvement projects and may help implement Council’s multi-year goals of Emeryville being a “Livable, Safe and Vibrant Community” and developing “Quality Infrastructure and Environmental Stewardship.”

FISCAL IMPACT
No direct fiscal impact, however, the OBAG grant program will prioritize funding applications from jurisdictions in compliance with MTC’s TOC policy, and the proposed amendments are required for compliance with that policy.

STAFF COMMUNICATION WITH THE PUBLIC
The following public meetings were held to review the proposed amendments to the Bicycle Parking Requirements in Section 9-4.408 of the Planning Regulations. All Committees and the Commission recommended the City Council approve the proposed amendments.
• October 6, 2025 and November 3, 2025: Bicycle / Pedestrian Advisory Committee
• October 14, 2025: Transportation and Sustainability Subcommittee • October 23, 2025: Planning Commission study session
• December 11, 2025: Planning Commission public hearing

CONFLICT OF INTEREST
None.

CONCLUSION
Staff recommends that the City Council take the following actions:
• Open the public hearing and take testimony on the proposed ordinance. • Close the public hearing and consider the Staff Report and proposed ordinance. • Waive first reading and introduce the attached ordinance.

Amending Bicycle Parking Requirements In Section 9-4.408 In Title 9 (Planning Regulations) City Council Meeting | January 20, 2026

PREPARED BY: Navarre Oaks, Senior Planner

ATTACHMENTS
▪ Attachment 1 – Table 9-4.408 Required Bicycle Parking ▪ Ordinance Amending Bicycle Parking Requirements In Section 9-4.408 Of The Planning Regulations In Title 9 Of The Emeryville Municipal Code Residential Use Types Proposed Short Term Proposed Long Term Studio or 1 bedroom units Minimum of 2 spaces for 3 or more units; plus 1 space for each 10 units 1 per unit
2+ bedroom units Minimum of 2 spaces for 3 or more units; plus 1 space for each 10 units 2 per unit
Uses with beds (not units) Minimum of 2 spaces;
plus 1 per each 20 beds 1 per 8 beds
Commercial and Institutional Use Types1 Proposed Short Term Proposed Long Term All Commercial Uses Except Those Listed Below 1 per 3,500 s.f. 1 per 3,500 s.f.

Adult Oriented Businesses: Performance TBD2 TBD2
Arts and Entertainment: Gallery 1 per 10,000 s.f. 1 per 20,000 s.f.

Arts and Entertainment: Indoor and Outdoor Entertainment 1 per 1,000 s.f. 1 per 2,000 s.f.

Colleges and Trade Schools 1 per 2,000 s.f. 1 per 10,000 s.f.

Community Assembly 1 per 1,000 s.f. 1 per 2,000 s.f.

Eating and Drinking Establishments: other than Mobile Food Vendors 1 per 1,250 s.f. 1 per 1,250 s.f.

Eating and Drinking Establishments: Mobile Food Vendors TBD2 TBD2 Emergency Shelters TBD2 TBD2
Low Barrier Navigation Center TBD2 TBD2
Funeral Homes, Mortuaries and Mausoleums TBD2 TBD2
Museums 1 per 10,000 s.f. 1 per 10,000 s.f.

Live/Work Units – All 1.5 1.5
Lodging 1 per 20 rooms 1 per 20 rooms
Major Public Services TBD2 TBD2
Marina TBD2 TBD2
Motor Vehicle Sales and Services TBD2 TBD2
Offices – All 1 per 4,000 s.f. 1 per 4,000 s.f.

Parking TBD2 TBD2
Recreation: Outdoor 1 per 2,500 s.f. 1 per 2,500 s.f.

Schools TBD2 TBD2
Industrial Use Types2 Proposed Short Term Proposed Long Term All Industrial Use Types 1 per 10,000 s.f. 1 per 10,000 s.f.

Agricultural Use Types Proposed Short Term Proposed Long Term All Agricultural Use Types TBD2 TBD2
Communication, Transportation, and Utilities Use Types Proposed Short Term Proposed Long Term All Communication, Transportation, and Utilities Use Types TBD2 TBD2 1 All non-residential use types, except those that are "TBD" shall provide a minimum of 2 short term and 2 long term bicycle parking spaces.

Table 9-4.408 Required Bicycle Parking
2 To Be Determined (TBD) TBD = Where estimated parking demand is to be determined (“TBD”), the estimated parking demand shall be determined based on the characteristics of the specific use in question and other similar uses.

ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING BICYCLE PARKING REQUIREMENTS IN SECTION 9-4.408 TITLE 9 (PLANNING

REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE (CEQA
DETERMINATION: EXEMPT PURSUANT TO GUIDELINES SECTIONS 15378 AND 15061(B)(3))
WHEREAS, beginning in Spring 2026, future funding cycles for the One Bay Area Grant (OBAG) program administered by the Metropolitan Transportation Commission (MTC) will consider prioritizing investments in transit station areas that are subject to and compliant with MTC’s Transit-Oriented Communities (TOC) policy; and WHEREAS, compliance with MTC’s TOC policies requires the City of Emeryville to calculate bicycle parking requirements based on the square footage of a proposed project; and
WHEREAS, the City of Emeryville currently calculates bicycle parking based on a 1 to 10 ratio of automobiles stated in Emeryville Municipal Code (EMC) Table 9-4.404 (Estimated Parking Demand Table); and
WHEREAS, staff created a Required Bicycle Parking Table based on the square footage of proposed projects to add to EMC Section 9-4.408; and WHEREAS, on October 6 and November 3, 2025 the Bicycle/Pedestrian Advisory Committee held duly and properly noticed public meetings to consider the proposed amendments to required bicycle parking and recommended the City Council approve the proposed amendments to EMC Section 9-4.408; and
WHEREAS, on October 14, 2025 the Transportation and Sustainability Committee held a duly and properly noticed public meeting to consider the proposed amendments to required bicycle parking and recommended the City Council approve the proposed amendments to EMC Section 9-4.408; and
WHEREAS, on October 23, 2025 the Planning Commission held a duly and properly noticed study session and recommended no changes to the proposed amendments to EMC Section 9-4.408 as presented; and
WHEREAS, on December 11, 2025 the Planning Commission held a duly and properly noticed public hearing and recommended that the Council adopt the proposed ordinance;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EMERYVILLE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION ONE. PURPOSE AND INTENT.

The above recitals being true and correct and incorporated by reference, the purpose of this Ordinance is to improve public health, safety, and quality of life by amending the bicycle parking requirements so that they align with Metropolitan Ordinance No. _____
Amending Bicycle Parking Requirements In Section 9-4.408 In Title 9 (Planning Regulations) City Council Meeting | January 20, 2026

Transportation Commission’s Transit Oriented Communities (TOC) policy.

SECTION TWO. FINDINGS FOR ADOPTING ORDINANCE.

The City Council of the City of Emeryville makes the following findings as required by Emeryville Municipal Code Sections 9-7.1305:
(a) The proposed amendment is consistent with the General Plan.

The proposed amendment is consistent with General Plan goal T-G-5 “A safe, comprehensive, and integrated bicycle system” and the following Transportation Element Goals and Policies:

Goal T-G-5 A safe, comprehensive, and integrated bicycle system—A system and support facilities throughout the city that encourage accessible bicycling for all community members.

Policy T-P-24 Safe, secure, and convenient short- and long-term bicycle parking shall be provided near destinations for all users, including commuters, residents, shoppers, students, and other bicycle travelers. Retail businesses in regional retail areas are encouraged to provide valet bicycle parking.

The proposed amendments will support an integrated bicycle system by ensuring adequate bicycle parking is provided.
(b) The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.

The proposed amendments are necessary for public health, safety and welfare because they facilitate the development of bicycle parking which supports General Plan Guiding Principles 2 (a connected place) and 5 (a diversity of transportation modes and choices) that encourage active transportation and reduce car dependency.
(c) The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

Approval of these amendments is not a “project” pursuant to State CEQA Guidelines Section 15378 because it is an administrative activity that does not authorize any construction or other activities that could impact the environment.

Further, even if this approval was considered to be a “project”, it is exempt from CEQA pursuant to the “common sense exemption” at CEQA Guidelines Section Ordinance No. _____
Amending Bicycle Parking Requirements In Section 9-4.408 In Title 9 (Planning Regulations) City Council Meeting | January 20, 2026

15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments may have a significant effect on the environment. (d) For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.

No changes to the Zoning Map in Figure 3.103(a) or the Zoning Overlay Map in Figure 93.103(b) of the Planning Regulations are proposed.

SECTION THREE: AMENDING SECTION 9-4.408, “BICYCLE PARKING” IN THE EMERYVILLE MUNICIPAL CODE.

Section 9-4.408, “Bicycle Parking”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-4.408 Bicycle Parking.
(d) Short-Term Bicycle Parking.
(2) Minimum Short-Term Bicycle Parking Requirements. are provided in Table 9-4.408.
a. All uses except residential uses shall provide the greater of:
i. Two (2) short-term bicycle parking spaces; or
ii. One (1) short-term bicycle parking space for every ten (10) automobile parking spaces indicated as the estimated parking demand in Table 9-4.404.
b. Residential projects, including ADUs, of more than ten (10) units, shall provide a minimum of one (1) short-term bicycle parking space, plus at least one (1) short-term bicycle parking space for every twenty (20) dwelling units.
(e) Long-Term Bicycle Parking.
(2) Minimum Long-Term Bicycle Parking Requirements. are provided in Table 9-

4.408.
a. All uses except residential uses shall provide the greater of:
i. Two (2) long-term bicycle parking spaces; or
Ordinance No. _____
Amending Bicycle Parking Requirements In Section 9-4.408 In Title 9 (Planning Regulations) City Council Meeting | January 20, 2026

ii. One (1) long-term bicycle parking space for every ten (10) automobile parking spaces indicated as the estimated parking demand in Table 9-4.404.
b. Residential uses including single-family, duplex, multi-unit and ADUs shall provide at least one (1) covered long-term bicycle parking space for every studio and one (1) bedroom unit, and at least two (2) covered longterm bicycle parking spaces for each unit with two (2) or more bedrooms. ac. For nonresidential uses of less than three thousand (3,000) square feet where long-term bicycle parking is not feasible due to physical limitations, short-term bicycle parking spaces may be substituted on a one (1) for one (1) basis.

SECTION FOUR. ADDING Table 9-4.408, “Required Bicycle Parking” AT THE END OF SECTION 9-4.408(e) TO THE EMERYVILLE MUNICIPAL CODE.

Additions are indicated below with added text underlined Table 9-4.408 Required Bicycle Parking
Ordinance No. _____
Amending Bicycle Parking Requirements In Section 9-4.408 In Title 9 (Planning Regulations) City Council Meeting | January 20, 2026

SECTION FIVE. SEVERABILITY.

The City Council of the City of Emeryville declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated.

SECTION SIX. CALIFORNIA ENVIRONMENTAL QUALITY ACT
DETERMINATION.

Ordinance No. _____
Amending Bicycle Parking Requirements In Section 9-4.408 In Title 9 (Planning Regulations) City Council Meeting | January 20, 2026

The City Council finds that the approval of this Ordinance is not a “project” pursuant to State California Environmental Quality Act (CEQA) Guidelines Section 15378 because it is an administrative activity that does not authorize any construction or other activities that could impact the environment. Further, even if this approval was considered to be a “project”, it is exempt from CEQA pursuant to the “common sense exemption” at CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments may have a significant effect on the environment.

SECTION SEVEN. EFFECTIVE DATE.

This Ordinance shall take effect 30 days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code section 36933.

SECTION EIGHT. CODIFICATION.

Sections Three and Four of this Ordinance shall be codified in the Emeryville Municipal Code. Sections One, Two, Five, Six, Seven and Eight shall NOT be so codified.

This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held January 20, 2026, and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held February 17, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: January 20, 2026
TO: LaTanya Bellow, City Manager
FROM: Jeff Jennings, Police Chief
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

GRANTING AN ANNUAL CARD ROOM LICENSE TO THE OAKS CARD
CLUB FOR CALENDAR YEAR 2026

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution approving the Oaks Card Club application to renew its annual Card Room License.

BACKGROUND
The premise listed below currently holds an active Card Club license.

Oaks Card Club (Mr. John Tibbetts, et al, Partner and CEO) 4097 San Pablo Avenue, Emeryville, CA 94608

DISCUSSION
Applicable Law
The State of California Department of Justice (DOJ) - Division of Gambling Control, requires anyone who owns, manages, or holds a financial interest in a gaming room to register with the State Attorney General. The Division of Gambling Control provides for concurrent jurisdiction with local governments and does not preempt the authority of local governments from imposing additional local control over card rooms. The Division of Gambling Control is responsible for licensing card room owners and employees and conducts its own independent investigation. Any disqualifying information is forwarded to the Police Department.

Chapter 5 of the Emeryville Municipal Code (hereinafter “EMC”) governs all aspects of the Oaks Card Club rooms in the City. EMC Section 5-5.24, Permitted Games Designated, lists currently authorized games as follows:

1. Draw Poker

2. Lowball Draw Poker

3. Seven Card Stud Poker (High)

4. Seven Card Stud Poker (Low/Razz)

5. Texas Hold’em Poker

6. Panguingue (PAN)

7. Pai Gow
Oaks Card Club Permit
City Council Meeting | January 20, 2026

8. Double Hand Poker

9. Super Pan 9

10. Pure 21.5 Blackjack

11. 21st Century Blackjack

12. Omaha Poker

13. Three Card Poker

14. ZOOBAC

15. EZ Baccarat
The rules of play for the above permitted games are on file at the Police Department as required by ordinance. No other games may be played or permitted to be played in a licensed Emeryville card room. By revising this ordinance, additional games may be added, but all games of mere chance are prohibited (that is, State Penal Code Section 330 requires there be some level of skill involved in the game).

The Police Department carefully monitors informational bulletins published by the Division of Gambling Control concerning gaming regulations. From time-to-time DOJ provides changes in guidelines to registered businesses and the local police agency to ensure that violations of the State Penal Code are avoided.

Additionally, the State Attorney General has reminded local law enforcement officials that if any of the aforementioned games are played in a fashion that constitutes a "banking" or a "percentage" game, participants are in violation of State Penal Code Section 330, and State gaming permits are subject to revocation. Moreover, a State appellate court held that jackpot arrangements are illegal.

The Oaks Card Club is in compliance with all of the aforementioned requirements.

Authorized Number of Tables
EMC Section 5-5.16 requires approval of the City Council regarding the number of designated tables which sets the monthly per table license fee charged by the City of Emeryville.

The Oaks Card Club has applied for permission to operate up to thirty (30) tables.

AUTHORIZED NUMBER OF TABLES:

Oaks Card Club - 30 Tables
Investigation Concerning the Oaks Card Club: During 2025, the Police Department, made several unannounced card room inspections. Employees and customers were monitored during these inspections and no unusual or remarkable events occurred.

For the 2025 calendar year, there were one hundred-six (106) events documented by the Police Department at the Oaks Card Club. Of the (106) events; one (1) incident involved a reported battery, one (1) incident involved an intoxicated person causing a Oaks Card Club Permit
City Council Meeting | January 20, 2026

disturbance and/or refusing to leave, and one (1) stolen vehicle incident. The majority of the remaining calls involved officers conducting security checks of the area. (See Attachment A)
The total number of uniformed security personnel employed by the Oaks Card Club is twenty-five (25). The security personnel are deployed throughout the interior of the card room and the exterior parking lots.

The following is the breakdown in ownership of the card room. The percentages are as follows:
• John Tibbetts 1%
• Tibbetts Trust 50%
• Kathleen Tibbetts Family Trust 12.25%
• Nora Ernst 12.25%
• Dorothy Leroux 12.25%
• Janet Heger Trust 4.083%
• Steven R. Heger Revocable Trust 4.083%
• Suzy Heger Stevens Trust 4.083%

FISCAL IMPACT
The annual card room license fee of $3,705.00 was paid on October 23, 2025. This fee is to recover the cost of reviewing the annual application and determining compliance with the EMC.

STAFF COMMUNICATION WITH THE PUBLIC
None to date.

CONFLICT OF INTEREST
None

CONCLUSION
At the conclusion of the Police Department’s investigation, it was determined that the Oaks Card Club management has been responsible in their obligation to report crimes and suspicious activity in and around the licensed property to the Police Department and the Department of Justice’s Bureau of Gambling Control. The Police Department has not received any negative information from the Department of Justice regarding the Oaks Card Club.

The Police Department investigation has revealed no significant information which would warrant recommending denial of the 2026 renewal application of the current card room permit for the Oaks Card Club. Mr. John Tibbetts has been transparent and Oaks Card Club Permit
City Council Meeting | January 20, 2026

cooperative with the Police Department in the review of this application and in adherence of the ordinance of the EMC and State law.

Staff is recommending the City Council approve the application and resolution granting a Card Room License to the Oaks Card Club for the calendar year 2026.

PREPARED BY: Sgt. R. Shepherd

APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:

LaTanya Bellow, City Manager

ATTACHMENTS
▪ Attachment A – Event Log
▪ Attachment B – Conditions of Approval
▪ Draft Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE GRANTING

AN ANNUAL CARD ROOM LICENSE TO THE OAKS CARD CLUB FOR CALENDAR YEAR 2026
WHEREAS, Section 5-5.11 of the Emeryville Municipal Code (hereinafter “EMC”) requires the Police Department to annually conduct an investigation into the qualifications of applicants for renewal of a card room license pursuant to the provisions of Sections 5-

5.04, 5-5.06, and 5-5.07 of the EMC; and
WHEREAS, the Police Department has conducted a thorough investigation into the qualifications of each of the partner applicants of the Oaks Card Club and has found no information upon which to base a denial of the renewal of the current card room license application; and
WHEREAS, the Chief of Police recommends that the City Council renew the current card room license allowing for the operation of thirty (30) card tables; now, therefore, be it RESOLVED, by the City Council of the City of Emeryville hereby authorizes issuance of a 2026 City of Emeryville Card Room License allowing for the operation of thirty (30) card tables to the Oaks Card Club, 4097 San Pablo Avenue, Emeryville, subject to compliance with all applicable provisions of Chapter 5 of Title 5 of the Emeryville Municipal Code and subject to the Conditions of Approval, attached hereto as Exhibit A.

Resolution No. _____
Oaks Card Club Permit
City Council Meeting | January 20, 2026

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held January 20, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
▪ Exhibit A – CAD Print Out
▪ Exhibit B – Conditions of Approval

City of Emeryville

C A L I F O R N I A
A t t a c h m e n t B

C O N D I T I O N S O F A P P R O V A L
• The Annual Card Room License will be valid through to December 31, 2026.

Any Card Room License sought for subsequent years would require another application and an approval by the Emeryville City Council. • The Licensee shall comply with all the provisions of Chapter 5, Card Rooms and will be subject to suspension or revocation if any violations of the Chapter exist. • The licensee, or other person in charge or control of the card room, shall employ or allow any person to work in such card room without such person having first registered with the Chief of Police and obtained a work permit. • The Card Room License allows for the following games to be played; Draw Poker, Lowball Draw Poker, Seven Card Stud Poker (High), Seven Card Stud Poker (Low), Texas Hold’em Poker, Panguingue (PAN), Pai Gow, Double Hand Poker, Super Pan 9, Pure 21.5 Blackjack, 21st Century Blackjack, Omaha Poker, Three Card Poker, Zoobac, EZ Baccarat.
• The minimum number of card tables that the Licensee shall maintain is twenty (20), and the maximum number of tables the Licensee may maintain is thirty (30). • The licensee shall notify the Police Department in writing within fourteen (14) days of any change in the information required in an application for license issuance or renewal as provided in Section 5-5.20 EMC.
• The Licensee shall notify the Chief of Police within three (3) days of any notices of violations or other corrective action ordered by a Federal, State or other local licensing authority, and provide copies of the relevant documents. The Licensee is required to comply with applicable Federal, state law and state regulations at all times. Failure to do so shall constitute grounds for suspending or revoking this license, and denying any renewals and/or modifications to the license.

City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: January 20, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBJECT: PROPOSED 2026 STATE AND FEDERAL LEGISLATIVE AGENDA

RECOMMENDATION
Staff recommends that the City Council receive a presentation from Niccolo De Luca, Vice President for Townsend Public Affairs, Inc. (TPA), the City’s legislative consultant, and discuss the proposed 2026 State and Federal legislative agenda.

DISCUSSION
Townsend Public Affairs, Inc. has prepared a draft legislative platform (Attachment A) for the City Council’s discussion and adoption. The 2026 legislative platform will reflect the priorities of the City Council and includes advocating for legislation, regulations, and funding that is consistent with the City’s adopted goals. The legislative agenda will be fluid as some issues will be addressed with introduced legislation and other legislative efforts.

FISCAL IMPACT
There is no current fiscal impact related to this item.

STAFF COMMUNICATION WITH THE PUBLIC
Staff has had no communication with the public related to this item.

CONFLICT OF INTEREST
There is no conflict of interest related to this item.

CONCLUSION
Staff recommends that the City Council discuss the proposed 2026 State and Federal legislative agenda.

PREPARED BY: April Foran, City Clerk

ATTACHMENTS
▪ Attachment A – 2026 State and Federal Legislative Agenda State Capitol Office • 925 L Street, Suite 1404 • Sacramento, California 95814 • Phone (916) 447-4086 • Fax (916) 444-2063 Federal Office • 600 Pennsylvania Avenue, SE, Suite 207 • Washington, DC • Phone (202) 546-8696 • Fax (202) 546-4555 Northern California Office • 300 Frank Ogawa Plaza, Suite 204 • Oakland, California 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 Southern California Office • 1601 Dove Road• Newport Beach, California 92660 • Phone (949) 399-9050 • Fax (949) 476-8215

M E M O R A N D U M
To: The Honorable Sukhdeep Kaur and Members of the City Council CC: LaTanya Bellow, City Manager
From: Niccolo De Luca, Vice President, Townsend Public Affairs, Inc.

Carlin Shelby, Deputy Director
Kerri West, Senior Associate
Joe Hansen, Federal Legislative Analyst
Date: January 7, 2026
Subject: Draft 2026 State and Federal Legislative Agenda Townsend Public Affairs, Inc. (TPA) has prepared a draft legislative platform for the City for discussion and adoption. The 2026 legislative platform will reflect the priorities of the City Council and includes advocating for legislation, regulations, and funding that is consistent with the City’s adopted goals. Our legislative agenda will be fluid as some issues will be addressed with introduced legislation and other legislative efforts.

Once adopted, this document will be shared with key stakeholders in the State Legislature, Governor’s Administration, Members of Congress, and Federal Administration.

Proposed Legislative Priorities for 2026
It is expected that the State Legislature in 2026 will maintain its focus on its recent priorities including efforts to counter federal actions, homelessness and behavioral health, housing and greater access, public safety, and transportation and infrastructure. This will also be Governor Newsom’s final year in office. The State Legislature reconvened on January 5, 2026 and has resumed legislative activities.

Legislators may begin introducing new pieces of legislation, many of which may be like bills that did not advance in 2025, the second year of the two-year legislative cycle.

In Washington, DC, Congressional Leaders and the White House have primarily focused on non-local issues, though opportunities remain in infrastructure, transportation, housing, and public safety. Many funding opportunities and programs are restarting operations following mass layoffs of federal civil service employees and structural changes to program administration. The federal government shutdown having significantly delayed legislative action this fall, we expect substantive activity in the Spring of 2026.

Federal and State Legislative Monitoring and Potential Action The following legislative priorities are being recommended for monitoring, analysis, and potential action.

The City may choose to take a position on a piece of legislation, continue to monitor without a position, or determine if any further response is required.

TPA will maintain a constantly updated matrix of state legislation and may also present strategic recommendations and provide rolling updates. TPA will monitor legislative activity in the following areas.

Proposed 2026 Legislative Platform Page 2 of 4
Homelessness and Behavioral Health
Policy Priorities:
1) Enhance emergency, transitional, and permanent housing opportunities. 2) Support legislative efforts that will require regional collaboration when receiving direct allocation of homeless funds.
3) Support legislative efforts that have a focus on keeping people in housing, once placed, for many years.
4) Support legislative efforts that increase services such as mental health, substance abuse, treatment beds and other services for people living in encampments and in unsheltered settings.

Funding Priorities:
1) Funding for homeless services (e.g., the wrap around services necessary for transitional and permanent housing), non-congregate shelters and emergency shelters, as well as operating costs for permanent housing.
2) Funding for permanent housing interventions that reduce and prevent homelessness. 3) Support funding efforts relating to mental health treatment, substance abuse treatment, and other related services.

Housing and Greater Access
Policy Priorities:
1) Prevent displacement.
2) Support legislation that advances the creation or funding of below market rate housing projects. 3) Reasonable reform to CEQA to streamline development and housing opportunities. 4) Support legislative and funding efforts relating to housing preservation and acquisition. 5) Support legislation that reduces the cost of housing. 6) Support legislation that helps reduce the cost of rent. 7) Support legislation that reduces the cost of home insurance. 8) Support legislative efforts that will increase the construction of multi-generational housing.

Funding Priorities:
1) Support for soft-story seismic retrofits.
2) Funding for innovative programs to prevent displacement and address hazardous housing conditions.
3) Enhance funding opportunities for existing state programs to help support bicycle and pedestrian infrastructure in connection to housing.
4) Support funding for remediation of hazardous sites (to make viable for housing).

Economic Development
Policy Priorities:
1) Support for arts and cultural spaces, arts education, and similar programs. 2) Cannabis Tax reform which includes lowering taxes and tax simplification. 3) Support legislation relating to Online Sales Tax Distribution Formula reform.

Funding Priorities:
1) Support for small business recovery, tourism/visitor recovery and other business sectors deeply impacted by the COVID-19 pandemic.

Transportation and Infrastructure
Policy Priorities:

Proposed 2026 Legislative Platform Page 3 of 4
1) Support measures affecting funding for roads, transit, “last mile” projects and goods movement as well as alternative modes of transportation (bikes, ebikes, escooters, etc.), and support the needs of the disabled community.
2) Support efforts to help commuters and increase public transportation which includes efforts to ensure transit agencies continue to deliver services
3) Support regional transportation projects that would provide a benefit to the City and surrounding communities.
4) Increasing resiliency of public infrastructure from threats of climate change.

Funding Priorities:
1) Increased funding for bicycle and pedestrian safety improvements. 2) Funding to electrify and add e-charging in public facilities and for the public fleet and to provide public e-charging stations.
3) Funding for riding transit especially when linked to housing.

Public Safety
Policy Priorities:
1) Support automated speed enforcement legislation.
2) Support additional efforts to help prevent violence such as mental health services, supporting street outreach teams, focusing on other individuals before they are at risk. 3) Support efforts that reimagine public safety and incorporate community-based organizations to help address problems.

Funding Priorities:
1) Support funding opportunities for alternative traffic enforcement efforts.

Climate Resiliency
Policy Priorities:
1) Support legislative efforts that support building decarbonization which includes minimizing both embodied carbon (from construction materials) and operational carbon (from energy and water use during operation).
2) Support legislative efforts relating to electric bicycles: legislation to subsidize electric bicycle purchase.
3) Support legislative efforts to enhance electric vehicle infrastructure 4) Measures that support regional planning for a climate change strategy which includes sea level rise.
5) Support legislative efforts the help bring down the cost of electricity and other utilities. 6) Support legislative efforts to create funding streams to address climate change and to help reduce air pollution.
7) Support legislative efforts that seek
8) Support the extension and reauthorization of the Cap and Trade program.

Funding Priorities:
1) Support funding to address sea level rise along the waterfront. 2) Support funding for electrification and seismic retrofitting of care and shelter facilities. 3) Support funding for Zero Waste efforts.
4) Support funding for more EV charging stations at residential and commercial locations.

Miscellaneous
Policy Priorities:
1) Support legislative efforts to amend the Brown Act to help encourage greater public participation and further encourage online meetings.

Proposed 2026 Legislative Platform Page 4 of 4
2) Support legislative efforts to address the way ballot measures are formulated, worded, and advertised.

One Time State and Federal Funding Priorities for “Member Request” Consideration As we have seen at both the Federal and State level, new initiatives and various funding opportunities have taken form over the last few years. This also includes both legislative provisions that direct approved funds to be spent on specific projects, sometimes referred to as “Member Requests” or “Congressionally Directed Spending.”
As it relates to state and federal “Member Requests” / “Congressionally Directed Spending,” our recommended strategy is for the adopted Legislative Platform to include a handful of funding buckets that capture various project themes. This provides the City with the highest amount of flexibility as it is important to not only reflect the priorities of the state and federal lawmakers who sponsor these requests, but also to ensure that the City’s projects fit the eligibility requirements of the various state and federal funding pots.

Process for Reporting/Next Steps
In addition to weekly legislative updates and other communications we send to the City Team, TPA suggests verbal reports to the City Council when the State Legislature is on recess. For example, we may report out in April while they are on Spring Recess and in November or December when Session has concluded.

Due to the ever-changing nature of legislation in Sacramento and Washington, TPA can also provide monthly updates which can be shared with the City Council. [THIS PAGE INTENTIONALLY LEFT BLANK]
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: January 20, 2026
TO: Chair Kaur and Board of Directors
FROM: LaTanya Bellow, Executive Director
SUBJECT: RESOLUTION OF THE CITY OF EMERYVILLE AS SUCCESSOR

AGENCY TO THE EMERYVILLE REDEVELOPMENT AGENCY

APPROVING AND ADOPTING THE ADMINISTRATIVE BUDGET AND

RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE
PERIOD OF JULY 1, 2026 THROUGH JUNE 30, 2027 (ROPS 26-27) PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND

AUTHORIZING STAFF TO TAKE RELATED ACTIONS

RECOMMENDATION
Staff recommends the City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency (“Successor Agency”) adopt the attached resolution approving the Administrative Budget and Recognized Obligation Payment Schedule for the period of July 1, 2026 through June 30, 2027 (“ROPS 26-27”) pursuant to Health and Safety Code Sections 34177(j) and 34177(o), respectively.

BACKGROUND
Pursuant to the Dissolution Act1, the Successor Agency is responsible for preparing and obtaining Alameda County Oversight Board (“Oversight Board”) approval of an Administrative Budget and a Recognized Obligation Payment Schedule (“ROPS”) that describes payments required pursuant to “enforceable obligations” of the former Redevelopment Agency. The annual Administrative Budget and ROPS must be presented to and approved by the Oversight Board and transmitted to the State of California, Department of Finance (“DOF”) on or before February 1st of each year. 1 On December 29, 2011, the California Supreme Court issued its decision in the matter of California Redevelopment Association et.al. vs. Ana Matosantos et.al. finding Assembly Bill 26 (the “Dissolution Act”) constitutional and ABX1 27 (the "Voluntary Redevelopment Program Act") unconstitutional. The Supreme Court’s ruling also postponed all deadlines outlined in the Dissolution Act before May 1, 2012 by four months. As a result, the Emeryville Redevelopment Agency (“Redevelopment Agency”) was dissolved on February 1, 2012.

On January 17, 2012, the Emeryville City Council adopted Resolution No. 12-12 electing to have the City of Emeryville serve as the Successor Agency. The Successor Agency is responsible for winding down the affairs of the Redevelopment Agency under the direction of an Oversight Board, including paying off the Redevelopment Agency’s obligations, preparing administrative budgets and disposing of the former Redevelopment Agency’s assets. The Emeryville City Council also adopted Resolution No. 12- 15 electing to have the City of Emeryville retain the housing assets and functions previously performed by the former Redevelopment Agency. Note that the City of Emeryville and Successor Agency are two separate and distinct public entities.

Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

Administrative Budget 26-27 and ROPS 26-27, governing Successor Agency expenditures for the July 1, 2026 through June 30, 2027 fiscal year, is presented for the approval of the Successor Agency at its regular meeting of January 20, 2026; thereafter, Administrative Budget 26-27 and ROPS 26-27 will be presented to the Oversight Board3 at their meeting on January 23, 2026.

ROPS Approval Process
Since enacting the Dissolution Act in 2011, the California State Legislature has amended it on several occasions. Generally, with respect to the ROPS, the following requirements apply:
o All ROPS must be completed “in the manner provided for by” the DOF (Section 34177(o) (1) (A))4. The DOF Internet Web site publishes the form and instructions that are to be used by a successor agency. o Staff must submit an electronic copy of the proposed ROPS approved by the Successor Agency to the Alameda County Administrative Officer (“CAO”), the Alameda County Auditor-Controller (“A/C”), and the DOF at the same time that the proposed ROPS is submitted to the Oversight Board for approval. (Section 34177(l) (2) (B).)
o For ROPS 26-27, the deadline for the Successor Agency to submit an Oversight Board approved ROPS to DOF, the California State Controller’s Office (“SCO”) and A/C is February 1, 2026. Each successive annual ROPS is due on February 1 st of each year. (Section 34177(l) (2) (C) & (o) (1).) The review process for an Oversight Board approved ROPS by DOF is as follows:
o The deadline for DOF to request review of an Oversight Board action approving a ROPS is five business days (Section 34179(h)).
o DOF is required to make its determination of the enforceable obligations and the amounts and funding sources of the enforceable obligations no later than April 15, 2026 and each April 15th thereafter for succeeding years after the ROPS has been submitted by a successor agency (Section 34177(o)(1)). o DOF has the authority to eliminate or modify any item on the ROPS being reviewed prior to DOF approval (Section 34179(h)).
3 Pursuant to Health and Safety Code Section 34179(j), commencing on July 1, 2018, in each county where more than one oversight board was created by operation of the Dissolution Act, such as in Alameda County, there shall be only one oversight board, which will be staffed by the county auditorcontroller. Accordingly, as of June 30, 2018, the Emeryville Oversight Board was disbanded and replaced with the Alameda County Oversight Board.
4 All citations to “Section” are to Health and Safety Code unless otherwise indicated.

Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

o A successor agency may request additional review by the DOF and an opportunity to “meet and confer” on disputed items, but such a request must be made within five business days of the successor agency’s receipt of a DOF determination (Section 34177(o) (1)). Given this short time frame, the Successor Agency resolution approving ROPS 26-27 provides staff the authority to request this review and “meet and confer” with the DOF should they reject an item on ROPS 26-27.
o DOF is required to notify a successor agency and the A/C of the outcome of its review at least 15 days before the date of the Redevelopment Property Tax Trust Fund (RPTTF) property tax distribution (presumably by May 17 for the June 1 RPTTF distribution) (Section 34177(o)(1)). Thus, if there is a need for staff to request a meet and confer with the DOF as to ROPS 26-27, then the outside date for receipt of DOF’s determination would be no later than May 17, 2026. o A successor agency and Oversight Board may approve amendments to a ROPS to reflect the resolution of a dispute with DOF, but such amendments will not affect a past allocation of property taxes or create a liability for any affected taxing entity with respect to past allocations (Section 34179(h)). o An annual ROPS may be amended once, provided it is processed and approved by the Successor Agency and Oversight Board and submitted to DOF no later than October 1st (Section 34177(o)(1)(E)).

The A/C has the authority to review and object to the inclusion of any items that are not demonstrated to be enforceable obligations and/or may object to the funding source of any items on the ROPS. While the A/C may review and object either before or after the Oversight Board approval of a ROPS, the A/C must give notice of objections at least 60 days prior to the RPTTF distribution date. (Section 34182.5.)

DISCUSSION
The remaining enforceable obligations of the Successor Agency listed in ROPS 26-27 generally fall within three (3) broad categories as follows: Administrative Costs/Expenses; Bond Debt; and Hazardous Materials Remediation and Monitoring.

I. Administrative Costs/Expenses (ROPS Item 1)
ROPS item 1 provides for payment to the City of Emeryville for its administrative costs and expenses outlined in the Administrative Budget associated with the oversight of activities in connection with winding down the obligations of the Successor Agency. The Administrative Budget for ROPS 26-27 is $319,221.00.

II. Bond Debt/Financial Services (ROPS Items 62, 63, 64, 103, 104 129) o Item 62: Maze and Associates – Audit Services
o Item 63: Wells Fargo Bank – Bank Fees
o Item 64: Bank of New York Mellon – Bond Trustee Services o Item 103: Wildan Financial - Bond Annual Continual Disclosure Reporting o Item 104: PFM Group - Bond Arbitrage/Rebate Calculations Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

o Item 129: Bank of New York Mellon – Bond 2024A Annual Debt Service Payment
The former Emeryville Redevelopment Agency entered into loan agreements in 1995, 1998, 2001, 2002 and 2004 which pledged tax increment and low and moderate income housing revenues as security for bonds issued by the Emeryville Public Finance Authority.

The bond funds were then used by the Redevelopment Agency to finance redevelopment activities and affordable housing projects.

Section 34177.5(a) of the Dissolution Act authorizes a successor agency to issue bonds to refund existing bonds or other indebtedness of its former redevelopment agency to provide savings. In 2014, the Successor Agency refinanced all of the former Redevelopment Agency’s outstanding bonds. Accordingly, in April 2014, the Successor Agency and Oversight Board approved the transaction to refund the former Redevelopment Agency’s existing bonds resulting in annual debt service savings of approximately $500,000 per year.

Recently, the Successor Agency and Oversight Board once again authorized the refinancing of the 2014 bonds, and that transaction closed in November 2024 resulting in further debt service savings of over $2 million during the remaining term of the bonds. It is worth noting that the debt service payment schedule for the 2024 Bonds, Series 2024A and 2024B, required a substantial payment in the current ROPS 25-26 cycle of a combined amount of approximately $20.85 million; in fact, Bond Series 2024B, previously identified on line item 130, was paid in full as of September 1, 2025, and thus has been retired. Accordingly, the debt service payment for the remaining term of Bond Series 2024A, through September 1, 2034, identified on line item 129, will decrease significantly, thereby reducing the required amount of RPTTF needed for the debt service payment and increasing the amount of residual property tax available to be distributed to taxing entities, including the City.

ROPS line items 64, 103 and 104 for bond trustee services, annual continuing disclosure reporting and bond arbitrage/rebate calculation services, respectively, will remain as is because they are services required in relation to the 2024 bonds.

ROPS line items 62 and 63 relate to other financial aspects of the Successor Agency.

ROPS line item 62 relates to required financial auditing services for the Successor Agency. ROPS line item 63 relates to bank fees paid in connection with the Successor Agency’s accounts. Both items have minor updates from the prior ROPS values to reflect current cost trends. In total, the requested ROPS authorization has increased by $400, from $12,000 to $12,400. These line items will also be retired once all Successor Agency obligations have been satisfied and the Successor Agency is dissolved.

III. Hazardous Materials Remediation and Monitoring
Actions taken to remediate hazardous materials in soil and groundwater was one of the many appropriate activities that redevelopment agencies could pursue. The City of Emeryville had a long history of industrial activity dating back to the late 1800s which left behind a legacy of contamination in soil and groundwater upon the exodus of industry Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

from the City in the 1960s through the 1980s. The former Emeryville Redevelopment Agency, in close cooperation with the California Environmental Protection Agency (DTSC and RWQCB) and the U.S. Environmental Protection Agency, was very active in the remediation of hazardous materials within the City and the following three (3) projects fall in that category. The map attached to this report as Attachment A outlines the boundaries of the three (3) project sites known as South Bayfront Site A, South Bayfront Site B, and the Corporation Yard.

A. South Bayfront Site A Monitoring (ROPS Items 44, 45, 46, 47) o Item 44: EKI - Environmental Engineering Services
o Item 45: CalEPA DTSC – Environmental Oversight Agreement o Item 46: The Sherwin-Williams Company Settlement Agreement & Order o Item 47: Bay Street CenterCal LLC – Site A Disposition & Development Agreement
Background
South Bayfront Site A, also known as Bay Street, is bound by the IKEA home furnishings store to the south, Shellmound Street to the west, Union Pacific railroad tracks to the east, and the vacant/unimproved lands of South Bayfront Site B to the north and is bisected by the Temescal Creek channel. Beginning in the mid-1990s, the former Redevelopment Agency commenced the process of acquisition of several parcels of real property making up South Bayfront Site A to (i) bring about the remediation of hazardous materials impacting and curtailing the beneficial use of those parcels and (ii) redevelop the site with a mix of retail, theatre, restaurant, hotel and residential uses that currently exist today.

On July 20, 1998, the former Redevelopment Agency and the California Environmental Protection Agency, Department of Toxic Substances Control (“DTSC”) entered into an Oversight and Consultation Agreement (“Oversight Agreement”) governing the preparation and implementation of remedial measures at South Bayfront Site A. The Oversight Agreement was subsequently amended on March 13, 2007, and is an enforceable obligation of the Successor Agency pursuant to Section 34171 (d)(1)(E) and 34171 (d)(1)(F). Thereafter, in 1991, DTSC approved the final Remedial Action Plan (“Site A RAP”) prepared by the Redevelopment Agency for South Bayfront Site A.

The Site A RAP prepared by the Redevelopment Agency did not include a portion of South Bayfront Site A located to the south of the Temescal Creek channel, which was previously owned by the Myers Drum Container Corporation (“Myers Drum”) and remediated by Myers Drum under the oversight of DTSC. After the approval of the Site A RAP by DTSC, the Redevelopment Agency implemented the cleanup of hazardous materials in soil and groundwater. Once the required soil and groundwater remediation under the Site A RAP was completed, the Redevelopment Agency thereafter prepared an Environmental Risk Management Plan (RMP) for South Bayfront Site A, including the former Myers Drum property which the Redevelopment Agency had subsequently acquired, consistent with the requirements of the Site A RAP. The RMP was approved by DTSC on July 26, 2000.

Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

The approved final RAP required the implementation of extensive soil removal and the implementation of the RMP, a multi-year groundwater and surface water monitoring program (the “RMP Monitoring Program”) on South Bayfront Site A. The RMP Monitoring Program approved by DTSC required the installation of 17 groundwater monitoring wells located both north and south of Temescal Creek, two temporary groundwater monitoring wells, surveying of all sampling locations, quarterly sampling at all well locations, sampling within storm drains located within Shellmound Street, sampling of surface waters within the Temescal Creek channel, and preparation and submittal of a quarterly monitoring report of the sampling results. Currently, the groundwater monitoring and reporting required by DTSC has been reduced to annual sampling and reporting.

The Sherwin-Williams Company Settlement Agreement & Order As part of the eminent domain actions filed by the Redevelopment Agency to acquire some of the parcels comprising South Bayfront Site A, the Redevelopment Agency also initiated an action utilizing the Polanco Redevelopment Act to recover its costs of hazardous materials remediation from responsible parties. In the matter of City of Emeryville, Emeryville Redevelopment Agency v. Elementis Pigments, Inc., The SherwinWilliams Company, Pfizer, Inc., A&J Trucking Company, Inc., Baker Hughes, Inc., Arthur M. Sepulveda and Josephine Sepulveda, United States District Court, Case No. C99- 03719 WHA, the City and Redevelopment Agency entered into settlement agreements with the responsible parties to pay for their appropriate share of the costs of remediation and ongoing groundwater monitoring, which settlement agreements were approved by order of the Court.

The Settlement Agreement with The Sherwin-Williams Company is on file with the City Clerk7. As provided in Section VI of the Settlement Agreement with The Sherwin-Williams Company, the Redevelopment Agency agreed that it would pay for the first $200,000 of costs associated with the groundwater RMP Monitoring Program8, and the next $1,314,000 of such costs would be shared equally with The Sherwin-Williams Company.

Any costs in excess of $1,514,000 are shared 95% by The Sherwin-Williams Company and 5% by the Redevelopment Agency. The Settlement Agreement with The SherwinWilliams Company constitutes an enforceable obligation of the Successor Agency pursuant to Section 34171(d)(1)(D). The obligation of the Successor Agency set forth in the Settlement Agreement is reflected in ROPS line item 46, whereby the Successor Agency contracts and pays for EKI’s services and then secures reimbursement from The Sherwin-Williams Company for their share (“Sherwin-Williams Site A Reimbursement”).

As of December 17, 2025, the Successor Agency and The Sherwin-Williams Company have collectively spent $759,315.69 on shared RMP Monitoring Program costs, leaving 7 The Settlement Agreement with The Sherwin-Williams Company was attached as Appendix B to the January 15, 2019 staff report to the Successor Agency regarding consideration of ROPS 19-20, and can be viewed at https://emeryville.legistar.com/View.ashx?M=F&ID=6964105&GUID=630010D6-9FE3-4F1A99DC-491DA6A855FC. 8 Pursuant to the terms of the purchase agreement between the Redevelopment Agency and Myers Drum, Myers Drum is obligated to implement the groundwater RMP Monitoring Program south of Temescal Creek; accordingly, the Successor Agency’s obligation is limited to implementing the groundwater RMP Monitoring Program north of Temescal Creek.

Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

a balance of $554,684.31 in shared (50/50) costs before the obligation shifts to a 95/5 split. Thus, the Successor Agency’s allocation of the remaining shared costs is one half of $554,684.31, or $277,342.16. As noted, any costs in excess of $1,514,000 are shared 95% by Sherwin-Williams and 5% by the Successor Agency.

Site A Disposition and Development Agreement
The Redevelopment Agency sold South Bayfront Site A to Bay Street Partners LLC, successor-in-interest to the South Bayfront Redevelopment Project Partnership, on June 12, 2001, pursuant to the Disposition and Development Agreement (Site A DDA) dated September 23, 1999. Bay Street Partners thereafter redeveloped South Bayfront Site A with the Bay Street project comprising over 300,000 square feet of retail/restaurant/theatre space, approximately 350 housing units (rental and ownership), a hotel and structured parking. As provided in Section 212, subsection 1 of the Site A DDA, as between the Redevelopment Agency and Bay Street Partners and any future property owner, the Redevelopment Agency retained the responsibility for ongoing groundwater monitoring and remediation11. The Site A DDA constitutes an enforceable obligation of the Successor Agency pursuant to Section 34171(d)(1)(E). The current owner of South Bayfront Site A is Bay Street CenterCal, LLC, and this obligation of the Successor Agency is reflected in ROPS line item 47.

Environmental Engineering Services
ROPS line item 44 relates to the Professional Services Agreement (PSA) with the firm of Erler & Kalinowski, Inc. (EKI), to provide services on behalf of the Successor Agency that are set forth in the RMP Monitoring Program. Implementation of the RMP Monitoring Program is required by the terms of the Settlement Agreement with The Sherwin-Williams Company and fulfills the former Redevelopment Agency’s obligation pursuant to the terms of the Site A DDA with the owner of South Bayfront Site A. The PSA with EKI constitutes an enforceable obligation of the Successor Agency pursuant to Sections 34171(d) (1) (E) and 34171(d) (1) (F).

The costs of the regular annual groundwater monitoring and reporting is fairly consistent from year to year, however, the overall cost can fluctuate depending on the need to repair and/or replace monitoring wells, prepare the Five Year Review, or respond to DTSC directives. The next Five Year Review is to be prepared in 2026, and thus was programed and funded to be prepared and submitted to DTSC during the ROPS 25-26 cycle.

As reflected in ROPS line item 44, it is estimated that the Successor Agency will incur $130,000.00 for groundwater monitoring and reporting services provided by EKI pursuant to the RMP Monitoring Program during the ROPS 26-27 cycle. The estimated cost is 11 The DDA for South Bayfront Site A has been amended 15 times, the last occurring on January 6, 2011.

The applicable provision of Section 212, subsection 1, of the Site A DDA is provided in the First Implementation Agreement between the Redevelopment Agency and the South Bayfront Redevelopment Project Partnership, dated September 8, 2000. A copy of the First Implementation Agreement to the DDA is attached as Appendix C to the January 15, 2019 staff report to the Successor Agency regarding consideration of ROPS 19-20, and can be viewed at
https://emeryville.legistar.com/View.ashx?M=F&ID=6964105&GUID=630010D6-9FE3-4F1A-99DC491DA6A855FC.

Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

reflective of costs representative of regular annual groundwater monitoring plus those attributed to (i) responding to anticipated comments from DTSC on the Five Year Review prepared and submitted during the ROPS 25-26 cycle, (ii) the need to repair and/or replace groundwater monitoring wells that have been damaged, if DTSC does not allow the wells to be decommissioned, and (iii) general project management.

Environmental Regulatory Oversight
Oversight of the remediation of South Bayfront Site A as required by the Site A RAP and the ongoing groundwater monitoring required by the RMP has been provided by DTSC pursuant to the Oversight Agreement between DTSC and the former Redevelopment Agency. As noted above, the Oversight Agreement with DTSC constitutes an enforceable obligation of the Successor Agency pursuant to Sections 34171(d)(1)(E) and 34171(d)(1)(F). Thus, for the ROPS 26-27 cycle and as reflected in ROPS line item 45, it is estimated that the Successor Agency will incur $75,000.00 for the reimbursement of DTSC’s costs of oversight.

B. South Bayfront Site B Remediation and Monitoring (ROPS Items 39, 40, 41, 121)
o Item 39: Cox Castle & Nicholson - Legal Services
o Item 40: Chevron USA/Union Oil Settlement Agreement & Order o Item 41: EKI – Environmental Engineering Services
o Item 121: CalEPA DTSC – Environmental Oversight Agreement Background
In early 2004, the former Redevelopment Agency commenced actions to acquire and remediate the properties known collectively as Site B (i.e. five parcels previously owned by 4 different owners bounded by Shellmound Street to the west, Powell Street to the north, Union Pacific railroad tracks to the east, and South Bayfront Site A to the south) for redevelopment into a mixed-use endcap to the South Bayfront Site A project discussed above. Given the knowledge gained from the process of studying, investigating, evaluating and remediating South Bayfront Site A, the Redevelopment Agency engaged the firm of Erler & Kalinowski, Inc. (“EKI”) as its environmental engineer for Site B, and entered into a Professional Services Agreement (“PSA”) with EKI on October 6, 2004. In addition, in order to secure regulatory oversight services for the remediation process at Site B, the former Redevelopment Agency also entered into an environmental oversight agreement with DTSC in 2004.

After an extensive process of environmental study, investigation and evaluation, in June 2008 the Redevelopment Agency awarded a contract for soil remediation of hazardous materials contamination at Site B. Soil remediation activities at Site B were conducted in accordance with the Final Feasibility Study/Remedial Action Plan (“FS/RAP”) and Final Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

Remedial Design and Implementation Plan (“RDIP”) prepared by EKI and approved by DTSC. Soil remediation activities at Site B were completed in the fall of 2009 and the Soil Remediation Completion Report was approved by DTSC on June 15, 2010.

The Chevron USA/Union Oil Settlement Agreement & Order
As part of the eminent domain actions filed to acquire four of the five parcels comprising Site B, the Agency also initiated an action utilizing the Polanco Redevelopment Act to recover its costs of hazardous materials remediation from responsible parties. On July 23, 2010, a month after the soil remediation had been completed, in the matter of Emeryville Redevelopment Agency v. Howard F. Robinson and Jeanne C. Robinson, PG&E, Wilson Associates, Chevron Corporation, Union Oil, Sherwin-Williams Company, Mary Lou Adam as Trustee, Christopher D. Adam, Hilary A. Jackson; Bank of America, trustee of Koeckritz Trust, Alameda County Superior Court, Consolidated Case Nos. RG06-267600, RG-06-267594, RG-07-332012, the Alameda County Superior Court approved an Order On Joint Motion For Good Faith Determination Of Settlement and Settlement Allocations (“Settlement Order”)13 approving the settlements with several defendants and approving the allocation of $22,400,000 in settlement proceeds.

The settlement proceeds covered known costs incurred up to that point for soil remediation and the Redevelopment Agency’s legal fees, as well as an estimate of approximately $9.6 million for future groundwater remediation costs. The Settlement Order confirmed the Court’s prior approval of the Chevron USA/Union Oil Settlement Agreement, and approved the Koeckritz Settlement Agreement, the Robinson Settlement Agreement, and the Adam Settlement Agreement. Completion of the soil and groundwater remediation in accordance with the FS/RAP and Final RDIP for Site B is an obligation of the former Redevelopment Agency pursuant to the terms of the settlement agreements approved by the Settlement Order. The settlement agreements approved by the Settlement Order constitute an enforceable obligation of the Successor Agency pursuant to Section 34171(d)(1)(D) and 34171(d)(1)(E). This obligation is reflected in ROPS line item 4014.

Environmental Engineering Services
Upon completion of the soil remediation, the next phase of remediation related to groundwater contamination commenced. With respect to groundwater remediation, the 13 The only defendant that did not initially settle was The Sherwin-Williams Company. The Redevelopment Agency and Sherwin-Williams went to trial, and on October 11, 2011, a judgment was entered in favor of the Redevelopment Agency resulting in a total recovery of approximately $3.5 million.

Altogether, the Redevelopment Agency recovered $25.9 million from all defendants for costs incurred for soil remediation, legal fees and future anticipated costs of groundwater remediation at Site B. 14 A copy of the Chevron USA/Union Oil Settlement Agreement and the Settlement Order are attached as Appendix D and Appendix E, respectively, to the January 15, 2019 staff report to the Successor Agency regarding consideration of ROPS 19-20, and can be viewed at https://emeryville.legistar.com/View.ashx?M=F&ID=6964105&GUID=630010D6-9FE3-4F1A-99DC491DA6A855FC.

Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

approved FS/RAP anticipated that the Redevelopment Agency would implement one of two remedial alternatives.

Based on the results of the extensive soil remediation and its favorable impact to groundwater, the Redevelopment Agency and DTSC agreed to pursue the bioremediation alternative rather than the construction of a containment trench and pumping and treating of contaminated groundwater. In connection with the implementation of groundwater remediation, the Redevelopment Agency and DTSC entered into a new Environmental Oversight Agreement on June 27, 2011, for DTSC to provide regulatory oversight services related to the remediation of groundwater. The Environmental Oversight Agreement with DTSC is an enforceable obligation of the Successor Agency pursuant to Sections 34171(d) (1) (E) and 34171(d) (1) (F), and was previously listed on the ROPS as line item 43.

Thereafter, to advance the bio-remediation remedy, EKI undertook a pilot study of enhanced reductive dechlorination (“ERD”), involving injecting organic amendments into the groundwater in order to address tetrachloroethene (“PCE”), trichloroethene (“TCE”), and its breakdown products, including vinyl chloride (“VC”). Based on the favorable results from the pilot study, the RDIP was amended to authorize the bio-remediation of groundwater contamination across Site B.

With respect to groundwater remediation, the concern relates to hazardous material impacts to both the shallow groundwater and deeper groundwater. Generally, impacts to shallow groundwater are of a greater concern because of the possibility that vapors from contaminants can more readily negatively impair indoor air within buildings constructed on the site. In the summer of 2013, EKI implemented ERD to address impacts from PCE, TCE and VC to shallow groundwater. Subsequent groundwater monitoring results have shown that ERD has been very effective at reducing the contaminant levels in shallow groundwater of PCE, TCE and VC. Given the very favorable results of ERD on shallow groundwater, in the summer of 2016 the DTSC approved the utilization of ERD to address contaminants in the deeper groundwater zone. The initial injections to deeper groundwater on Site B were completed in the fall of 2016.

In the spring of 2017, groundwater monitoring was undertaken of the shallow and deep groundwater zones to document the effectiveness of the fall 2016 ERD injections on contaminant levels in groundwater of PCE, TCE and VC. Based on the data from the spring 2017 sampling activities, it was evident that additional buffer needed to be injected in order to facilitate the further degradation of PCE, TCE and VC. Thus, in late spring 2017, supplemental injections of buffer was implemented. In the fall of 2017, sampling of monitoring wells was undertaken to ascertain the effectiveness of the supplemental injections. Based on the favorable results, a completion report related to remediation of groundwater was submitted to DTSC for approval on March 21, 2018, and approved on April 10, 2019.

As reflected in the completion report and recent Annual Groundwater Monitoring Reports, notwithstanding the effectiveness of the ERD injections to both shallow and deeper groundwater, it is evident that contaminants in groundwater from off-site sources will continue over time to migrate onto and impact the groundwater beneath Site B. Thus, in Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

late 2019 additional injections of ERD were implemented with similar effectiveness.

However, unless and until off-site sources of contamination are addressed, there may need to be continued injections of ERD into the groundwater under Site B for the foreseeable future. As noted, one such off-site source is the Corporation Yard site discussed in section III.C. below.

Accordingly, with respect to Site B, in calendar year 2019, EKI undertook activities to evaluate post-injection baseline soil vapor conditions to assess whether long-term injections of ERD into groundwater will be required since the data indicates the primary ongoing source of CVOCs in shallow groundwater are up gradient off-site sources (i.e. the Corporation Yard). The assessment shows that impacts from soil vapor conditions to indoor air of structures built on the site can be adequately and appropriately mitigated with engineering controls (e.g. vapor barriers, passive/active vapor systems) and thereby eliminate the need for more costly on-going ERD injections, provided impacts from offsite sources (i.e. the Corporation Yard) are addressed.

In calendar year 2020, EKI prepared a draft of the Operation and Maintenance Plan (“O&M Plan”) for Site B. The O&M Plan will address the installation of engineering controls, location of groundwater monitoring wells as well as a schedule for on-going groundwater monitoring obligations, and a soil management plan governing any future on-site excavation activities associated with site redevelopment on Site B. The draft of the O&M Plan does not anticipate the placement of wells for on-going injection of ERD because impacts from off-site sources (i.e. the Corporation Yard, and elsewhere) are anticipated to be sufficiently controlled pursuant to remedial activities at the Corporation Yard which commenced in 2024. However, on June 30, 2023, DTSC requested preparation of an injection workplan for additional supplemental injection activities to complete the dichlorination process past VC in shallow groundwater based on previously submitted groundwater monitoring reports which noted the resurgence of contaminant levels in groundwater.

EKI prepared a response to DTSC on behalf of the Successor Agency suggesting that the supplemental ERD injections be delayed until remediation activities at the Corporation Yard have been implemented and there has been an opportunity to assess its impact to off-site groundwater. In a letter dated June 11, 2025, DTSC concurred with the Successor Agency’s request. Accordingly, for budgeting purposes for the ROPS 26-27 period, it is assumed that remediation activities at the Corporation Yard will have sufficiently advanced such that an additional supplemental ERD injection event on Site B along the upgradient eastern and southern property boundaries would be of value.

The PSA with EKI is an enforceable obligation of the Successor Agency pursuant to Sections 34171(d)(1)(E) and 34171(d)(1)(F). For the ROPS 26-27 cycle and as reflected in ROPS line item 41, it is estimated that the Successor Agency will incur $1,407,000.00 for the environmental engineering services provided by EKI. These services will include the second semi-annual groundwater monitoring event and report to DTSC for 2026, the first such semi-annual event and report for 2027, preparation of the O&M Plan and Soil Management Plan, potential additional investigative work requested by DTSC related to Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

downgradient impacts, general project management, and the supplemental ERD injections in the shallow groundwater and report to DTSC which comprises approximately $892,000 of the overall anticipated expense.

Legal Services
ROPS line item 39, a Professional Services Agreement with the firm of Cox, Castle & Nicholson and an enforceable obligation of the Successor Agency pursuant to Section 34171(d)(1)(F), may be utilized by the Successor Agency to fund the costs of legal services incurred in reviewing the O&M Plan, preparing and negotiating the terms of an O&M Agreement, if required, and Land Use Covenant (LUC) with DTSC, obtaining the confirmation of the immunity under the Polanco Act from DTSC discussed below, and related environmental matters impacting Site B. For the ROPS 26-27 cycle, and as reflected in ROPS line item 39, it is estimated that the Successor Agency will incur $50,000.00 for the services provided by Cox, Castle & Nicholson.

Environmental Regulatory Oversight
As noted earlier, an environmental oversight agreement with DTSC was executed in 2011 governing the groundwater remediation process and was amended several times over the years. The oversight agreement with DTSC constitutes an enforceable obligation of the Successor Agency pursuant to Section 34171(d) (1) (E) and Section 34171(d) (1) (F) and was listed on each ROPS since the inception of the dissolution process. However, the term of the oversight agreement inadvertently expired in 2018 before an extension of the term could be prepared and executed. Accordingly, pursuant to authority provided by Section 34177.3(a), on January 15, 2019, the Successor Agency approved and authorized the execution of an Environmental Oversight Agreement with DTSC to provide regulatory oversight of groundwater remediation and monitoring at Site B, which is an enforceable obligation of the Successor Agency pursuant to Section 34171(d) (1) (F), and provides for the reimbursement of DTSC’s costs of oversight and review of the ongoing groundwater monitoring.

For the ROPS 26-27 cycle and as reflected in ROPS line item 121, it is estimated that the Successor Agency will incur $100,000.00 for DTSC oversight.

Once the Successor Agency completes the groundwater remediation efforts required by the FS/RAP and RDIP and the Settlement Order, it will obtain immunity from future regulatory actions pursuant to the Polanco Redevelopment Act, which immunity can be transferred to future owners of Site B. Further, once DTSC approves the O&M Plan, O&M Agreement (if required), Land Use Covenant (LUC) that will place restrictions on use of groundwater beneath Site B, as well as future uses of Site B, and confirms the application of the immunity pursuant to the Polanco Redevelopment Act, the Site B parcels are to be transferred to the City of Emeryville for future development pursuant to the terms of the approved Long Range Property Management Plan (LRPMP).

C. Corporation Yard Remediation/Cost Recovery (ROPS Items 49, 122, 126, 127) o Item 49: Cox Castle & Nicholson – Legal Services
Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

o Item 122: DTSC – Enforcement & Oversight of Imminent and/or Substantial Endangerment Order and Remedial Action Order
o Item 126: EKI – Environmental Engineering Services
o Item 127: WSL Settlement Agreement & Order
Background
The former Redevelopment Agency acquired the property located at 5679 Horton Street, Emeryville, in July 1999 from the Lozick Trust in order to facilitate the connection of Horton Street with former Landregan Street (“Horton Street Extension Project”), as called out in the circulation element of the City’s General Plan. A portion of the property was dedicated by the Redevelopment Agency to the City for the Horton Street Extension Project, and the remainder, which included a large warehouse structure and surface parking, was utilized by the City as a temporary location for the Public Works Department’s corporation yard (hereinafter, the “Corporation Yard”)17.

The City and Redevelopment Agency subsequently entered into a Purchase and Sale Agreement dated June 4, 2009 (“Purchase Agreement”) regarding the transfer of the Corporation Yard, which was amended on February 25, 2011. Thereafter, title to the Corporation Yard was transferred to the City on March 4, 2011.

The Dissolution Act was enacted on June 28, 2011, and Section 34167.5 obligated the State Controller to review the activities of redevelopment agencies to determine whether an asset transfer has occurred after January 1, 2011, between a city or county, or city and county that created a redevelopment agency, and the redevelopment agency. If an asset transfer did occur during that time period, and the City was not contractually committed to a third party for the expenditure or encumbrance of those assets, then to the extent not prohibited by state or federal law, the Controller was required to order the available assets to be returned to the Successor Agency. On April 20, 2012, the State Controller did in fact issue such an order to the City of Emeryville affecting the Corporation Yard site. The Corporation Yard site, which had been transferred by the Agency to the City on March 4, 2011, had not been approved as a “governmental purpose” asset to be transferred to the City in accordance with Section 34181. Accordingly, the Corporation Yard was returned to the Successor Agency, as required by the State Controller’s order.18 As part of the ROPS 19-20 process, line item 122 (Imminent and/or Substantial Endangerment Determination Order and Remedial Action Order) (“ISE Order”) and 123 (“EKI Contract”) were denied by DOF letter dated May 17, 2019. The Successor Agency contested the denial of line item 123 (“EKI Contract”) as part of the ROPS 19-20 meet and confer process. The Successor Agency did not contest the denial of the ISE Order 17 Note that the Corporation Yard is also referred to as the Former Marchant Whitney (FMW) Site, in reference to the prior owners, believed to be the main contributors to the contamination at the Corporation Yard (Marchant Calculating Machine Company and Whitney Research Tool Co.). 18 Also worth noting that the Corporation Yard is not listed in, and thus not governed by, the LRPMP.

Further, as provided by Section 34191.3 (b), the time in which to have the Department of Finance consider and approve an amendment to the LRPMP expired as of July 1, 2016. Accordingly, Sections 34177(e) and 34181(a) are the operative provisions with respect to disposition of the Corporation Yard.

Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

on line item 122 as an enforceable obligation because DTSC had not yet finalized and issued the ISE Order to the Successor Agency. Thereafter, on May 21, 2019, the Successor Agency filed a Petition For Writ of Mandate (“Petition”) with the Superior Court in Sacramento County challenging DOF’s decision to deny line item 123 (“EKI Contract”) on ROPS 19-20, in Successor Agency To The Redevelopment Agency of the City of Emeryville v California Department of Finance, Keely Bosler, Case No. 34-2019-8000149.

On February 27, 2020, the Sacramento County Superior Court granted the Petition and upheld the Successor Agency’s position that the EKI Contract for environmental engineering services at the Corporation Yard is an enforceable obligation pursuant to Health and Safety Code 34171(d)(1)(E) and (F). Although DOF initially appealed the decision to the California Court of Appeal, during the pendency of the appeal, DTSC finally issued the ISE Order to the Successor Agency to remediate the Corporation Yard site.

Accordingly, the Successor Agency and DOF entered into a Settlement Agreement in the aforementioned litigation, whereby DOF dismissed the appeal and approved Line Items 122 (ISE Order), 123 (EKI Contract), and 126 (EKI Contract) on ROPS 21-22 as enforceable obligations related to the ISE Order (Line Item 122) discussed below.

Imminent and Substantial Endangerment Order and Remedial Action Order On August 13, 2020, DTSC issued its ISE Order to the Successor Agency to remediate hazardous substances contamination in soil and groundwater at the Corporation Yard.

The ISE Order is an enforceable obligation pursuant to Health and Safety Code 34171(d) (1) (C) and therefore is included in line item 122 of ROPS 26-27. Furthermore, pursuant to a settlement agreement dated August 3, 2021, between the Successor Agency and DOF in Successor Agency To The Redevelopment Agency of the City of Emeryville v California Department of Finance, Keely Bosler, Case No. 34-2019-8000149, DOF agreed that the ISE Order constituted an enforceable obligation21. Therefore, as provided by Section 34177.3 (b), the Successor Agency is authorized to enter into contracts in order to implement the terms of the ISE Order, which itself is an enforceable obligation pursuant to 34171 (d)(1)(C). Accordingly, the contract with EKI for environmental engineering services (Line Item 126) required to implement the ISE Order is an enforceable obligation pursuant to Health and Safety Code 34177.3 (b).

DTSC Regulatory Oversight
For the ROPS 26-27 cycle and as reflected in ROPS line item 122, it is estimated that the Successor Agency will incur $300,000.00 in costs for DTSC oversight for implementation of the ISE Order. Note that ROPS line item 122 previously included costs of the remediation contractor, ICS; however, as of the preparation of this report, their services have been substantially completed and thus will not appear in ROPS 26-27. 21 For further information about Successor Agency To The Redevelopment Agency of the City of Emeryville v California Department of Finance, Keely Bosler, Case No. 34-2019-8000149, and further analysis as to the Successor Agency’s obligation to remediate the Corporation Yard, please see the January 19, 2021 staff report to the Successor Agency regarding consideration of the ROPS 21-22, at pp. 13-22, which can be viewed here:
https://emeryville.legistar.com/View.ashx?M=F&ID=9040007&GUID=51F1E01A-A22C-48FD-91AD68B532057175, and such analysis is incorporated by reference.

Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

Environmental Engineering Services
As reflected in line item 126, effective July 1, 2021, the Successor Agency and EKI entered into a contract in the initial amount of $2.71 million for services generally related to environmental project management services, preparation and submittal of a groundwater and subsurface vapor monitoring plan, updating and resubmitting the Feasibility Study/Remedial Action Plan (“FS/RAP”) and the Initial Study/Mitigated Negative Declaration (“IS/MND”) required pursuant to the California Environmental Quality Act (“CEQA”), and updating and re-submitting the Multi-Phase Extraction (“MPE”) Pilot Tests Work Plan.

On May 23, 2023, DTSC approved the FS/RAP, which allowed for commencement of implementation of the approved remedy. The preferred remedy involves three (3) main remedial measures to be conducted over an initial five (5) year period:
o building demolition and soil excavation;
o in-situ thermal remediation (ISTT); and
o multi-phase extraction (MPE).

In anticipation of approval of the FS/RAP, on January 17, 2023, the Successor Agency approved a contract amendment with EKI for engineering services to implement the FS/RAP over the next five (5) successive ROPS periods from 2023/2024 through 2027/2028, for a total sum of $40,345,000.

EKI’s contract covering ROPS 2023/2024 through ROPS 2027/2028 anticipated the following expenditures and services as follows:
o ROPS 2023/2024 – $4,485,000 - finalize FS/RAP; initiate site soil remediation; o ROPS 2024/2025 - $11,700,000 for installation and implementation of ISTT systems;
o ROPS 2025/2026 - $11,700,000 for implementation of ISTT; o ROPS 2026/2027 - $10,935,000 for implementation and decommissioning of the ISTT, groundwater polishing, installation and startup of multi-phase extraction (MPE) system, and groundwater monitoring and reporting; o ROPS 2027/2028 - $1,525,000 for groundwater polishing, operation of the MPE system, and groundwater monitoring and reporting.

As to be expected with a remedial project as complex as the FMW Site, the pace and sequencing of remedial activities have not progressed exactly as planned. Thus, in the ROPS 2023/24 cycle, $4,485,000 was authorized for EKI’s engineering services to Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

implement the FS/RAP as originally anticipated. However, because of delays to commencement of building demolition and soil excavation by the remediation contractor, the project experienced knock on delays to the full implementation of the next stage of remediation involving thermal remediation (ISTT). Accordingly, the $11,700,000 estimated for the ROPS 2024/2025 cycle as noted above was decreased to a total of $9,400,000.00. Similarly, delays in securing a permit from the Bay Area Air Quality Management District (BAAQMD) needed to complete the final portion of the soil remediation within a tented structure, delayed preparatory work for the ISTT remediation.

However, it is anticipated installation of the ISTT and MPE systems will be completed by and implementation of ISTT and MPE remediation will commence during the latter end of the ROPS 2025/26 cycle. Nevertheless, the $11,700,000 estimated for the ROPS 2025/2026 cycle was decreased to $10,500,000.

In the upcoming ROPS 2026/2027 cycle and as reflected in ROPS line item 126, it is estimated that the Successor Agency will incur $11,720,000.00 for the environmental engineering services provided by EKI and its subcontractors primarily related to finalizing the installation of the ISTT and MPE systems, and undertaking the operation and implementation of both remedial systems. A large portion of the costs associated with the ISTT system will be the cost of electricity to be purchased from PG&E to operate the ISTT system. It is anticipated that the ISTT system will be operated for one year in tandem with the MPE system. After approximately one year, the ISTT system will be disbanded and the MPE system will continue to extract, treat and discharge groundwater. As a result, it is expected that the ROPS 2026/27 cycle will be the last period that will need to fund such a significant capital outlay for the remediation of the corporation yard. Subsequent ROPS cycles from 2027/28 and onward will require relatively modest sums in comparison (approximately $1.5 million annually) to operate just the MPE system, and thus available RPTTF for distribution to taxing entities will increase significantly. Note that the use of, and hence the cost of, electricity to operate the ISTT system during ROPS 2026/27 will be much greater in the initial 6 month start up period and accordingly the funding requested in the initial ROPS 2026/27A cycle is $7,720,000 and the latter ROPS 2026/27B cycle is $4,000,000.

Legal Services23
During calendar year 2015 and 2016, potential responsible parties (“PRPs”) were notified of the existence of the contamination at the Corporation Yard and provided the opportunity to undertake the cleanup themselves. None of the PRPs responded to the City and Successor Agency’s notice to assume the responsibility to clean up the Site.

Accordingly, the Successor Agency and City Council authorized the filing of a complaint24 23 Cox Castle and Nicholson also provides legal services related to the implementation of the ISE Order, and those costs are captured in line item 39.
24A copy of the Second Amended Complaint filed in the matter of Successor Agency To The Former Emeryville Redevelopment Agency, City of Emeryville v Swagelok Company, an Ohio corporation; Whitney Research Tool Co., a dissolved California corporation; Hanson Building Materials Limited, a British Corporation; and Catherine Lennon Lozick, an individual residing in Ohio; United States District Court, Northern District of California, Case No. 17-cv-00308-WHO, is attached as Appendix S to the January 15, 2019 staff report to the Successor Agency regarding consideration of ROPS 19-20, and can Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

against the PRPs to recover costs of remediation, which includes all the investigative costs and attorney fees. ROPS line item 49 provided funding to the Successor Agency’s legal counsel (Cox Castle & Nicholson) to pursue the action to recover costs expended.

That litigation resulted in the approval of the WSL Settlement Agreement, discussed below. 14
For purposes of the ROPS 26-27 cycle and as reflected in ROPS line item 49, the Successor Agency is anticipating the need for the legal services of CCN to review the annual report to the WSL Defendants and their insurance companies about the expenditure of the WSL Settlement Proceeds on the remediation work at the Corporation Yard site. Accordingly, it is estimated that the Successor Agency will incur no more than $50,000.00 during the ROPS 26-27 cycle to prepare and review this annual report required by the WSL Settlement Agreement.

WSL Settlement Agreement & Order
In connection with the litigation noted above, the Successor Agency and a sub-set of the defendants, Swagelok Company, Whitney Research Tool Co., Catherine Lennon Lozick and their insurance carriers (the “WSL Defendants”) entered into a settlement agreement dated July 6, 2022 (“WSL Settlement Agreement”), which provides for payment of $33 million by the WSL Defendants to the Successor Agency in exchange for the Successor Agency remediating the Corporation Yard in accordance with the ISE Order.

The WSL Settlement Agreement with the WSL Defendants was approved by the Oversight Board on July 25, 2022, pursuant to Resolution No. OB-2022-11, which action of the Oversight Board was approved by the State of California Department of Finance by letter dated August 9, 2022. Thereafter, the WSL Settlement Agreement was approved by the United States District Court, Northern District of California (“District Court”), on November 15, 2022, by Order Granting The Motion For Determination Of Good Faith Settlement And Contribution Protection in the matter of Successor Agency To The Former Emeryville Redevelopment Agency, City of Emeryville v Swagelok Company, an Ohio corporation; Whitney Research Tool Co., a dissolved California corporation; Hanson Building Materials Limited, a British Corporation; and Catherine Lennon Lozick, an individual residing in Ohio; United States District Court, Northern District of California, Case No. 17-cv-00308-WHO. Accordingly, the WSL Settlement Agreement with the WSL Defendants is final and reflected as line item 127.

WSL Settlement Proceeds
The $33 million dollar settlement payment (“WSL Settlement Proceeds”) has been received by the Successor Agency and, in keeping with the WSL Settlement Agreement, placed in a separate account to be used exclusively for costs of remediating the Corporation Yard. Unlike other funds in the Successor Agency’s possession, such as the Reserve Balance of unexpended RPTTF, revenues from the Bay Street Site A Note, or the Sherwin-Williams Reimbursement, the WSL Settlement Proceeds cannot be used to be viewed at https://emeryville.legistar.com/View.ashx?M=F&ID=6964105&GUID=630010D6-9FE3-4F1A99DC-491DA6A855FC.

Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

fund enforceable obligations of the Successor Agency other than the expenses of DTSC (line item 122) and EKI (line item 126) related to the remediation of the Corporation Yard.

Overall Corporation Yard Remediation Project Funding
As of June 30, 2025, i.e. the end of the ROPS 2024-2025 cycle, the available balance of WSL Settlement Proceeds was $17,152,001. By the end of the current ROPS 2025-2026 cycle (i.e. June 30, 2026), based on authorized expenditures of $15,500,000 for DTSC, ICS and EKI, the available balance of WSL Settlement Proceeds for the ROPS 2026- 2027 cycle is $1,652,000.

During the ROPS 2026-2027 cycle, it is estimated that a total of $12,020,000 will be required for the costs of remediating the Corporation Yard as follows: DTSC - $300,000 (line item 122) and EKI - $11,720,000 (line item 126). Accordingly, the expenditures anticipated for ROPS 2026-2027 for the services of DTSC (line item 122) and EKI (line item 126) related to the remediation of the corporation yard will be partially funded with WSL Settlement Proceeds of $1,652,000 and the balance of $10,368,000 with RPTTF revenues.

IV. Report of Estimated Available Cash Balances – as of June 30, 2024 This section of the ROPS requires available cash balances by funding source to be reported over a twelve-month period.

The report shows that as of June 30, 2024, there are no bond proceeds being held by the Successor Agency.

The report also shows that as of June 30, 2024, the Reserve Balance and Other Funds are $0 and $1,453,396, respectively. The Reserve Balance reflects RPTTF funds previously requested on prior ROPS and not fully expended, whereas Other Funds reflect revenues received by the Successor Agency (e.g. Bay Street Site A Note Repayment; Sherwin-Williams Site A Reimbursement; interest income).

Note that all available Reserve Balance and Other Funds must be allocated to enforceable obligations before requesting additional RPTTF funds.

V. ROPS 26-27 Summary
The ROPS 26-27 has a cover sheet called “ROPS 26-27 Summary” which details the amounts requested by the Successor Agency for July 1, 2026 through June 30, 2027.

This summary states a request for DOF to approve total obligations of $26,635,871, with $9,700,500 to be funded from the Debt Service Reserve Balance, $3,105,396 to be funded from Other Funds (which includes the $1,652,000 of WSL Settlement Proceeds and $1,453,396 of note repayments, reimbursements, and interest income), and $13,829,975 from new Redevelopment Property Tax Trust Fund (RPTTF) money. Finally, note that RPTTF received by the Successor Agency during the ROPS 26-27 cycle will be reduced by the amount of the ROPS 23-24 prior period adjustment (PPA) reflecting the difference between actual payments and estimated obligations in the ROPS 23-24 period.

The PPA for the ROPS 2023-24 period is $268,839 and thus the amount of RPTTF received by the Successor Agency will be reduced by that amount.

Recognized Obligation Payment Schedule 26-27
Successor Agency Meeting | January 20, 2026

STAFF COMMUNICATION WITH THE PUBLIC
None.

CONFLICT OF INTEREST
None.

CONCLUSION
It is recommended that the Successor Agency consider the information contained in this report and all public testimony, and thereafter adopt the attached resolution thereby approving the Administrative Budget and Recognized Obligation Payment Schedule of the City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency for the period of July 1, 2026 through June 30, 2027 (ROPS 26-27).

PREPARED BY: John Kennedy, General Counsel

ATTACHMENTS
▪ Attachment A – Map of South Bayfront Site A, Site B and Corporation Yard ▪ Draft Resolution Approving Administrative Budget 26-27 and ROPS 26-27 o Exhibit A – Administrative Budget 26-27
o Exhibit B – Recognized Obligation Payment Schedule July 1, 2026 through June 30, 2027 (ROPS 26-27)
0 250500
(ApproximateScaleinFeet)
SuccessorAgencyProperties
Emeryville,CA
December2018
EKIB20006.00
Figure1
FormerMarchant/WhitneySite
Erler&
Kalinowski,Inc.

Path: \\ekiconsult.com\go\Gis\B20006\Maps\_.00\WorkingFiles\Fig1_3_SiteandNeighboringProperties.mxd Legend
Notes

1.Allpropertyboundariesareapproximate.

South
Bayfront
SiteB
SouthBayfront
SiteA
Corporation
Yard
Source
GoogleEarthPro,DateofImagery,October2015.

CorporationYardPropertyBoundary
SouthBayfrontSiteBPropertyBoundary
SouthBayfrontSiteAPropertyBoundary
RESOLUTION NO.

RESOLUTION OF THE CITY OF EMERYVILLE AS SUCCESSOR AGENCY TO THE

EMERYVILLE REDEVELOPMENT AGENCY APPROVING AND ADOPTING THE

ADMINISTRATIVE BUDGET AND RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2026 THROUGH JUNE 30, 2027 (ROPS 26-27) PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND

AUTHORIZING STAFF TO TAKE RELATED ACTIONS
WHEREAS, the California State Legislature enacted Assembly Bill x1 26 to dissolve redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) (the “Dissolution Act”); and WHEREAS, on January 17, 2012 and pursuant to Health and Safety Code Section 34173, the City Council of the City of the City of Emeryville elected to have the City of Emeryville (“City”) serve as successor agency ("Successor Agency") for the dissolved Emeryville Redevelopment Agency (“Redevelopment Agency”) effective February 1, 2012; and WHEREAS, on February 1, 2012, the former Redevelopment Agency was dissolved pursuant to Health and Safety Code Section 34172; and
WHEREAS, the Successor Agency is responsible for implementing the Dissolution Act, including the preparation of an administrative budget and the recognized obligation payment schedule (ROPS) pursuant to California Health and Safety Code Section 34177; and
WHEREAS, Health and Safety Code Section 34179 of the Dissolution Act provides for the appointment of an Oversight Board with specific duties to approve certain Successor Agency actions, including the approval of the Administrative Budget and the ROPS pursuant to Health and Safety Code Section 34177(j) and 34180(g), respectively; and WHEREAS, the Successor Agency has reviewed and duly considered the staff report dated January 20, 2026, the documentation provided in support of the staff report, the testimony provided during the public meeting, the Administrative Budget, attached hereto as Exhibit A, and the Recognized Obligation Payment Schedule for the period of July 1, 2026 through June 30, 2027, attached hereto as Exhibit B; now, therefore, be it RESOLVED, in accordance with Health and Safety Code Section 34177, the Successor Agency hereby approves and adopts the Administrative Budget, attached hereto as Exhibit A, and the Recognized Obligation Payment Schedule for the period July 1, 2026 through June 30, 2027, attached hereto as Exhibit B; and, be it, further RESOLVED, that the Successor Agency hereby authorizes and directs the City Manager and Finance Director or their designees to file a copy of this Resolution and the Administrative Budget, attached hereto as Exhibit A, and the Recognized Obligation Payment Schedule for the period July 1, 2026 through June 30, 2027, attached hereto as Resolution No. _____
Recognized Obligation Payment Schedule 26-27
City Council Meeting | January 20, 2026

Exhibit B, with the Alameda County Oversight Board, and to simultaneously provide a copy thereof to the Department of Finance, the State Controller’s Office, the Alameda County Administrative Officer, and the Alameda County Auditor-Controller; and, be it further
RESOLVED, that the Successor Agency hereby authorizes the City Manager, City Attorney, and the Finance Director to initiate and engage in the meet and confer process with the Department of Finance in accordance with Health and Safety Code Section 34177(o) in the event any line item on the Recognized Obligation Payment Schedule for the period July 1, 2026 through June 30, 2027, is denied or rejected by the Department of Finance.

ADOPTED, by the City Council of the City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency a Regular Meeting held January 20, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CHAIR
ATTEST: APPROVED AS TO FORM:

SECRETARY LEGAL COUNSEL

ATTACHMENTS
▪ Exhibit A – Administrative Budget 26-27
▪ Exhibit B – Recognized Obligation Payment Schedule July 1, 2026 through June 30, 2027 (ROPS 26-27)
Successor Agency (SA) Administrative Budget Exhibit A
2026-27
Administrative Allowance Charges ROPS 26-27
Total
Departments/Functions
City Manager $ 49,816
City Clerk 8,495
City Attorney / Contracted Attorney 113,501
Administrative Services 58,533
Public Works 12,205
76,671
Total $ 319,221
Tasks Include:

Staff Meetings
Staff Reports & Research
Agendas & Minutes
ROPS & Administrative Budget Preparation
Overall SA Management
Records Management & Website
Maintenance of SA Property Information
General Correspondence
Attend Board Meetings
Coordinate & Prepare SA Meetings
Financial Management/Budgeting/Accounts Payable
Annual Reporting
General Operating Costs (rent,
insurance, equipment, etc.)
Recognized Obligation Payment Schedule (ROPS 26-27) - Summary Filed for the July 1, 2026 through June 30, 2027 Period Successor Agency: Emeryville
County: Alameda
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
26-27A Total
(July -
December)
26-27B Total
(January -
June)
ROPS 26-27
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 11,512,111 $ 1,293,785 $ 12,805,896 B Bond Proceeds - - -
C Reserve Balance 9,700,500 - 9,700,500
D Other Funds 1,811,611 1,293,785 3,105,396
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 7,135,325 $ 6,694,650 $ 13,829,975 F RPTTF 7,135,325 6,694,650 13,829,975
G Administrative RPTTF - - -
H Current Period Enforceable Obligations (A+E) $ 18,647,436 $ 7,988,435 $ 26,635,871 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Emeryville
Recognized Obligation Payment Schedule (ROPS 26-27) - ROPS Detail July 1, 2026 through June 30, 2027

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
26-27 Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$42,685,121 $26,635,871 $- $9,700,500 $1,811,611 $7,135,325 $- $18,647,436 $- $- $1,293,785 $6,694,650 $- $7,988,435 1 Administrative
Cost
Allowance Per
HSC 34177
Admin
Costs
07/01/
2026
06/30/2027 City of
Emeryville
ADM-Finance
Administrative
Cost Allowance
Per HSC 34177
Both 319,221 N $319,221 - - 159,611 - - $159,611 - - 159,610 - - $159,610 39 Professional
Services
Agreement
(September 1,
2010)
Litigation 09/01/
2010
06/30/2027 Cox Castle
Nicholsen
ENV-Bay Street
- Site B Cost
Recovery Site
B
environmental
cost recovery
litigation
Emeryville 50,000 N $50,000 - - - 25,000 - $25,000 - - - 25,000 - $25,000 40 Settlements
w/ Chevron,
Adams,
Koeckritz,
Robinson,
UPRR (July
23, 2010);
Agency v
Robinson
et.al.;
Alameda
County Sup
Ct, Case No.

RG06-267594
Remediation 07/23/
2010
06/30/2027 EKI,
California
EPA -
DTSC,
Clearwater
& other
vendors
ENV-Bay Street
- Site B
Groundwater
Remediation
Costs to
remediate
groundwater
beneath Site B
from on-site
and off-site
sources
Emeryville - N $- - - - - - $- - - - - - $-
41 Professional
Services
Agreement
(10/6/04) and
Amendments;
12/2/05; 5/19/
06; 2/16/07;
2/19/07; 6/9/
08; 12/16/08;
4/21/09; 7/21/
09; 5/2/10; 9/
21/10; 4/5/11;
6/18/13; 1/20/
15; 6/16/15;
1/1/16
Remediation 10/06/
2004
06/30/2027 Erler &
Kalinowski
(EKI)
ENV-Bay Street
- Site B
Groundwater
Remediation
Environmental
engineer re ongoing
groundwater
remediation at
Site B
Emeryville 1,407,000 N $1,407,000 - - - 703,500 - $703,500 - - - 703,500 - $703,500 44 Professional
Services
Agreement
PSA (3/31/
2003); 1st
Amendment
to PSA (04/
Remediation 03/31/
2003
06/30/2027 Erler &
Kalinowski
(EKI)
ENV-Bay Street
Site - A
Groundwater
Monitoring
Environmental
engineer re ongoing
Shellmound 130,000 N $130,000 - - - 65,000 - $65,000 - - - 65,000 - $65,000

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
26-27 Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
20/2004); 2nd
Amendment
to PSA (10/5/
2011)
groundwater
monitoring at
Bay Street/Site
A
45 Environmental
Oversight
Agreement
(Amended 3/
13/07)
Remediation 03/13/
2007
06/30/2027 California

EPA - DTSC
ENV-Bay Street
Site - A
Groundwater
Monitoring
Regulatory
Oversight 7/20/
98 12/31/22
Shellmound 75,000 N $75,000 - - - 37,500 - $37,500 - - - 37,500 - $37,500 46 Settlement
Agreement &
Order (Feb
23, 2001) -
Agency v
Elementis; US
District Ct,
Case No.

C99-03719
WHA
Remediation 02/23/
2001
06/30/2027 Sherwin
Williams
ENV-Bay Street
Site - A
Groundwater
Monitoring
Reimbursement
of Groundwater
Monitoring/
Remediation
Costs w/credit
for sums paid
to EKI
Shellmound - N $- - - - - - $- - - - - - $-
47 Disposition
and
Development
Agreement
(Section 212)
- Long Term
Risk
Management
Plan
Remediation 09/23/
1999
06/30/2027 Bay Street
CenterCal,
LLC
ENV-Bay Street
Site - A
Groundwater
Monitoring
Responsible for
costs of
groundwater
monitoring and
remediation as
between
Agency and
property
owners
Shellmound - N $- - - - - - $- - - - - - $-
49 Professional
Services
Agreement
(September 1,
2010)
Legal 09/01/
2010
06/30/2027 Cox Castle
Nicholsen
ENVCorporation
Yard
Remediation
Legal services
relating to
recovery of
remediation
costs
Emeryville 50,000 N $50,000 - - - 25,000 - $25,000 - - - 25,000 - $25,000 62 Contract for
services
Professional
Services
07/01/
2026
06/30/2027 Certified
Public
Accountants
F-Finance
Audit Services
Both 11,200 N $11,200 - - - 5,600 - $5,600 - - - 5,600 - $5,600 63 Bank account Fees 07/01/
2026
06/30/2027 Mechanics
Bank
F-Finance
Bank fees
Both 1,200 N $1,200 - - - 600 - $600 - - - 600 - $600
64 Bond Trustee
Fees
Fees 09/01/
1995
09/01/2034 Bank of
New York
Mellon
F-Finance
Bond Trustee
services
Both 4,000 N $4,000 - - - 2,000 - $2,000 - - - 2,000 - $2,000

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
26-27 Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
103 Tax Allocation
Revenue
Bond
covenants
Professional
Services
07/01/
2026
06/30/2027 Wildan
Financial
F-Finance
Annual
Continuing
Disclosure
reporting
Both 3,500 N $3,500 - - - 1,750 - $1,750 - - - 1,750 - $1,750 104 Tax Allocation
Revenue
Bond
covenants
Professional
Services
07/01/
2026
06/30/2027 PFM Group F-Finance
Arbitrage/
Rebate
calculations
Both 2,750 N $2,750 - - - 1,375 - $1,375 - - - 1,375 - $1,375 121 Environmental
Oversight
Agreement
Remediation 01/15/
2019
06/30/2027 California

EPA - DTSC
Env - South
Bayfront Site B
Groundwater
Remediation
Oversight
100,000 N $100,000 - - - 50,000 - $50,000 - - - 50,000 - $50,000 122 Imminent &
Substantial
Endagerment
Order
Remediation 01/15/
2019
06/30/2027 California
EPA –
DTSC;
Remediation
Contractor
Environmental -
Corporation
Yard
Remediation
Enforcement/
Oversight
300,000 N $300,000 - - - 150,000 - $150,000 - - - 150,000 - $150,000 126 Professional
Services
Agreement
Remediation 07/01/
2021
06/30/2028 Erler &
Kalinowski
(EKI)
126 - On
January 19,
2021, the
Successor
Agency
approved a
contract with
EKI
Environment &
Water in the
amount of
$3,500,000 to
undertake
environmental
engineering
work in
response to the
Order
commencing
July 1, 2021.

Corporation
Yard
11,720,000 N $11,720,000 - - 1,652,000 6,068,000 - $7,720,000 - - - 4,000,000 - $4,000,000 127 Settlement
Agreement -
WSL
Remediation 01/01/
2023
06/30/2027 WSL Parties
(Whitney
Research
Tool Co.,
Swagelok
Company,
Catherine
Lennon
Lozick); Line
Item 122
and 126
Payees
Environmental -
Corporation
Yard -
Settlement
Agreement
Emeryville - N $- - - - - - $- - - - - - $-
129 Tax Allocation Refunding 11/14/ 09/01/2034 Bank of Full annual 28,511,250 N $12,462,000 - 9,700,500 - - - $9,700,500 - - 1,134,175 1,627,325 - $2,761,500

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
26-27 Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
Refunding
Bonds, Series
2024A Debt
Service
Payment
Bonds
Issued After
6/27/12
2024 New York
Mellon
debt service for
calendar year
per bond
documents.

Interest
payable March
1 and Sept 1
130 Tax Allocation
Refunding
Bonds, Series
2024B Debt
Service
Payment
Refunding
Bonds
Issued After
6/27/12
11/14/
2024
09/01/2025 Bank of
New York
Mellon
Full annual
debt service for
calendar year
per bond
documents.

Interest
payable March
1 and Sept 1
- Y $- - - - - - $- - - - - - $-
Emeryville
Recognized Obligation Payment Schedule (ROPS 26-27) - Report of Cash Balances July 1, 2023 through June 30, 2024
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 23-24 Cash Balances
(07/01/23 - 06/30/24)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/23)
RPTTF amount should exclude "A" period distribution
amount.
43,077,011 2,812,902 1,173,644
2 Revenue/Income (Actual 06/30/24)
RPTTF amount should tie to the ROPS 23-24 total
distribution from the County Auditor-Controller
2,102,044 1,453,396 14,706,542
3 Expenditures for ROPS 23-24 Enforceable Obligations
(Actual 06/30/24)
15,255,185 104,713 5,181,062
4 Retention of Available Cash Balance (Actual 06/30/24) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
29,923,870 2,708,189 10,430,285
5 ROPS 23-24 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 23-24 PPA
form submitted to the CAC
No entry required 268,839
6 Ending Actual Available Cash Balance (06/30/24)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $1,453,396 $-
Emeryville
Recognized Obligation Payment Schedule (ROPS 26-27) - Notes July 1, 2026 through June 30, 2027
Item # Notes/Comments
1 39
40 41
44 45
46 47
49 62
63 64
103
104
121
122 During the ROPS 26/27 cycle, the SA anticipates it will incur approximately $300,000 to reimburse DTSC for their costs of regulatory oversight of implementation of the ISE Order. ICS, the remediation contractor, has substantially completed their work as of the preparation of ROPS 26-27 for presentation to the Oversight Board and thus any obligation for their services will be retired and will not appear on ROPS 26-27 or thereafter.
126
127 On July 6, 2022, the Successor Agency entered into a settlement agreement with parties partially responsible for the contamination at the Corporation Yard site (the "WSL Parties"), which agreement was approved by the Oversight Board on July 25, 2022, Department of Finance on August 9, 2022, and US District Court on November 15, 2022. The settlement agreement provides a one-time payment of $33 million by the WSL Parties to the Successor Agency in exchange for the Successor Agency agreeing to remediate the Corporation Yard pursuant to the ISE Order (Line Item 122). The settlement payment of $33 million has been received by the Successor Agency and placed in a separate account and may only be used for costs of remediating the Corporation Yard, which at this time are reflected in ROPS Line Item 122 (DTSC – Regulatory Oversight) and 126 (EKI). In ROPS 26-27, the remaining settlement proceeds of $1,652,000 will be utilize for EKI expenses identified on line item 126. 129
130
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: January 20, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

APPOINTING CITY COUNCIL REPRESENTATIVES TO VARIOUS

COUNTY, REGIONAL AND STATEWIDE BODIES, COMMISSIONS AND

COMMITTEES FOR ONE-YEAR TERMS UNLESS OTHERWISE
NOTED; PUBLICLY NOTICING FPPC FORM NUMBER 806 AS
REQUIRED BY FPPC REGULATION 18705.5; AND AMENDING THE
2026 CITY ROSTER OF COUNTY, REGIONAL AND STATEWIDE

BODIES ACCORDINGLY

RECOMMENDATION
Staff recommends that the City Council adopt the above-entitled Resolution appointing City representatives to the various county, regional and statewide boards, commissions and committees for one-year terms unless otherwise noted.

BACKGROUND
Each year following City Council reorganization, the City Council appoints City representatives to various county, regional and statewide bodies (“regional bodies”). For some of these positions, the representative receives a stipend from the regional bodies as compensation for their attendance at meetings. The City Council thereby adopted Resolution No. 12-146:
“Resolution of the City Council of the City of Emeryville Relating to Appointment of Councilmembers to Compensated Positions and Directing the City Clerk to Post Form 806 as Required by FPPC Regulation 18705.5”.

Accordingly, all Council Members may participate in a decision to appoint representatives to a compensated position. The City Clerk will subsequently publicly notice the completed FPPC Form No. 806 on the City’s website.

DISCUSSION
Staff recommends that the City Council appoint members of its body to the various county, regional and statewide boards, commissions, and committees for one-year terms, or until such persons are replaced or their commissions expire. Attached to the staff report is the 2025 City Roster for Council Members for reference. Upon City Council appointment, the City Clerk’s Office will amend the 2025 City Roster of County, Regional and Statewide Bodies accordingly.
2026 Regional Bodies Appointments
City Council Meeting | January 20, 2026