Emeryville City Council
April 21, 2026

Once these defined scopes are completed the consultant will be tasked with additional as-needed design and assessment tasks on an on-call basis.

On November 20, 2025, three proposals were received from the solicited firms of Diablo Engineering, Wiss Janney Elstner and Biggs Cardoza.

Public Works staff reviewed the proposals and ultimately determined that Wiss Janney Elstner of Emeryville demonstrated superior knowledge of the structures involved, proposed a clear and efficient project approach, and demonstrated excellent structural assessment and design expertise and capacity to deliver services as described in the RFP.

The attached contract has a three-year duration and a not to exceed amount of $150,000. It is proposed to seek authorization for the City Manager to execute two additional one-year extensions for a total not to exceed contract value of $300,000.

STRATEGIC PLAN CONNECTION (IF APPLICABLE)
N/A

FISCAL IMPACT
There is sufficient funding in Fund 475 for the Bridge Maintenance and Repair CIP Project; Project #24475012, ESI-02, to fund this professional services contract.

STAFF COMMUNICATION WITH THE PUBLIC
Not Applicable

CONFLICT OF INTEREST
Not Applicable

CONCLUSION
Staff recommends that the City Council adopt the above resolution.

PREPARED BY: Michael Roberts, Senior Civil Engineer

ATTACHMENTS
▪ Attachment A – RFP/RFQ
▪ Draft Resolution
▪ Exhibit A – Contract

C A L I F O R N I A
REV08/2022 Page 1 of 9
Request for Proposals
FOR

PROFESSIONAL STRUCTURE CONDITION ASSESSMENT AND ON-CALL

DESIGN SERVICES

BRIDGE MAINTENANCE AND REPAIR PROJECT
CIP # ESI-02; PROJECT # 24475012
QUESTIONS DUE: November 12, 2025 BY 12:00 Noon
DEADLINE FOR SUBMISSION: NOVEMBER 20, 2025 BY 12 Noon
STAFF CONTACT INFORMATION:

Michael Roberts, Senior Civil Engineer
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
510-596-4319
[email protected]
City of Emeryville | Request for Proposals – Bridge Maintenance and Repair REV08/2022

1. INTRODUCTION
The City of Emeryville (“City”) is seeking a bridge maintenance and repair design consultant (“Consultant”) to develop structure maintenance and repair inspection procedures and checklists, perform structures inspections, and to develop design, plans, specifications and estimates (bid package), for the City of Emeryville’s Capital Improvement Program’s “Bridge Maintenance and Repair Program” based on inspection results. Based on funding and staff input projects may be developed sequentially or in groupings.

The City invites proposals from qualified firms to provide services, as set forth in this Request for Proposals (“RFP”). Firms submitting proposals must be prepared to immediately enter into a Professional Services Contract (“Contract”) for the services described in this RFP and must be available to the City until project completion.

The ideal Consultant shall be a firm who is experienced with and knowledgeable of Caltrans’ standards and practices in design of bridge maintenance and repair plans, specifications, and estimates as well as performing bridge condition inspection and evaluation.

This RFP is for the project inspection and preliminary design phases with support of the construction phase possibly necessary as a future phase. Firms submitting proposals must be prepared to immediately enter into a Professional Services Agreement (“Agreement”) for the services described in this RFP.

2. BACKGROUND
To maintain the structural integrity of structures in Emeryville, a continuous preventive maintenance and repair program is in place. This program includes routinely inspecting each structure for maintenance and repair needs including; deck sealing, repairing damaged concrete, waterproofing materials including paint, evaluating drainage, restriping, repair/replacing joint seals, and appurtenance inspection. The City of Emeryville has allocated funds to the Bridge Maintenance Program in the Capital Improvement Program which includes planning, design and construction phase funding for evaluating five (5) structures in Emeryville: 40th Street Overhead, Powell Street Overhead, Temescal Creek Bridge, South Bayfront Pedestrian Overcrossing, and the Emeryville Station Pedestrian Overcrossing. The following three City structures are inspected by Caltrans on a regular basis: 40th Street Overhead, Powell Street Overhead, Temescal Creek Bridge.

3. PROPOSAL
The successful consultant must represent the following experience and training in the response to this RFP:

A) Demonstratable extensive experience (10+years) with condition assessment inspection and production of maintenance and repair project documents related to public transportation structures over railroads and other transportation facilities.

City of Emeryville | Request for Proposals – Bridge Maintenance and Repair REV08/2022

B) Knowledge of Caltrans structures inspection procedures and standards.

C) Demonstrated experience in developing structure assessment checklists to be used by City and consultant staff.

D) Knowledge and experience with Caltrans’ structures repair standards and maintenance methods.

E) Knowledge of current costs related to bridge repair and maintenance and Caltrans’ standards related to plans Specifications and estimates production.

F) Experience contracting with bridge access and traffic control firms as needed for engineering and survey tasks.

An example list of tasks to include in the proposal is described below. The City expects the Proposals to include at minimum these base tasks with subtasks expanded with much more detail. The City is open to additional tasks and re-organization of tasks for the Contract.

The scope of work outlined below is to be used as a general guide and is not intended to be a complete list of all work necessary to complete the project. The following are work tasks assumed necessary to complete this project. Proposing teams may suggest a modified scope as part of their proposal.

Checklist Development and Inspection Phase
Task 1: Develop Condition Assessment Checklists. Prepare separate structure condition assessment checklist to be used by City and consultant staff for each of the following two structures: A) The pedestrian stairs and walkway connected to the Powell Overhead and B) the Emeryville Station Pedestrian Overcrossing.

Deliverable: Two Structure Condition Assessment Checklists.

Task 2: Existing Condition Inspections and Recommendations. Using the two checklists developed as part of Task 1 and utilizing the attached documents found within the South Bayfront POC Maintenance & Inspection Report; conduct structure condition assessments of A) The pedestrian stairs and walkway connected to the Powell Overhead and B) the Emeryville Station Pedestrian Overcrossing C) The South Bayfront Pedestrian Overcrossing. Upon completion of condition assessments develop recommended maintenance and repair tasks for each structure including preliminary cost estimate information. Additionally, for the Powell Overhead structure, develop maintenance and repair recommendations based on the Caltrans Routine Inspection Report Dated November 29, 2022.

Deliverable: Perform condition assessments using existing (1) and newly developed (2) forms and provide maintenance and repair recommendations for each structure (4).

City of Emeryville | Request for Proposals – Bridge Maintenance and Repair REV08/2022

Plans Specifications and Estimates Development – On Call May Be Added to Contract Scope Once Repair And Maintenance Scope is Known Task 3: 65% Designs and Estimates. Based on the Task 2 inspection findings and recommendations develop design equivalent to a 65% design submittal and associated design, permitting and construction cost estimates. This concept plan will include dimensioned design plans, quantity calculations, estimate of cost, draft specifications, and other elements necessary to produce a biddable and buildable set of project documents.

Deliverable: 65% Design Memo, Plans, Specifications, Estimates.

Task 4: 100% Design. Based on City staff feedback received, develop 100% design submittal. This task is to produce a complete bid package including plans, specifications and estimates for all work.

Deliverable: 100% Design Plans, Specifications and Estimates.

Construction Support – On Call
May Be Added to Contract Scope Once Repair And Maintenance Scope is Known Task 5: Construction Support. Provide technical assistance to construction inspection staff including submittal review, RFI support, and periodic site checks.

Deliverable: On-call construction phase support for duration of phase.

4. SCHEDULE AND SUBMITTAL REQUIREMENTS

4.1 Schedule
• RFP Issued: October 23, 2025
• Deadline for RFP Questions: November 12, 2025
• Proposals Due: November 20, 2025
• Evaluation Panel Selection/Interviews: Week of December 1, 2025 • Proposal Selection Recommendation: December 8, 2026
• Contract Execution: February 1, 2026
• Notice to Proceed/Project Kickoff: February 15, 2026
The City reserves the right to adjust the above schedule as necessary.

Please notify Michael Roberts, Senior Civil Engineer, of your interest in proposing, and of any questions you have or errors you find in the RFP, by noon on Thursday, November 12, 2025 by emailing [email protected]. Questions will be answered at the meeting and by email to the people who have expressed interest in proposing.

City of Emeryville | Request for Proposals – Bridge Maintenance and Repair REV08/2022

4.2 Submittal Contents and Format
Proposals in response to this RFP must meet the specifications set forth herein.

Proposals must be clear and succinct. Only those Consultants providing complete information as required will be considered for evaluation. Any major deviation from these specifications will be cause for rejection of the submittal at the City’s sole discretion. Nevertheless, the City reserves the right to waive any irregularities as to any submittal.

The content and sequence of submittals are to be as follows:

A. Cover Letter
The Cover Letter must include the following:
a. Project title.
b. Name and address of the entity submitting the proposal. c. Date entity was established.
d. Name(s) of the person(s) authorized to represent the Consultant in any negotiations.
e. Name(s) of the person(s) authorized to sign any contract that may result. f. Contact person’s name, mailing or street addresses, phone and email address. g. Original signature of person listed in section (e) above.

Submission of the letter will constitute a representation by your team/firm that your team is willing and able to perform the commitments contained in the proposal.

B. Team/Firm Qualifications Summary
A brief synopsis of the team and qualifications should be presented which summarizes the key benefits of their team submittal to the City. This includes a short narrative describing the respondent’s understanding of the Project and their overall vision for the successful completion of the Project. The summary should also address the consultant’s qualifications, why the Consultant feels that their team is the most qualified for the project. and why their services are superior to the competitors.

The Consultant and/or team must have experience with projects similar to this scope of work. Provide a brief description of your firm and any identified subconsultants, as well as how any joint venture or association would be structured. Identify the Consultant’s and/or team’s experience with similar projects.

C. Project Approach
The Consultants’ understanding and approach to projects is an important aspect of the RFP process. The Consultants should provide a clear and concise understanding of the Project based on the information given as well as project goals and requirements. For each work task, the Consultant shall:

City of Emeryville | Request for Proposals – Bridge Maintenance and Repair REV08/2022

a. Describe each work task or activity needed and the final products resulting from that task.
b. Describe which team members will lead each work task. c. Describe how input/review from the City will be incorporated into the schedule. d. Describe the team’s QA/QC plan for the Project.

D. Project Team
Identify key personnel and their specific project roles.

Provide the following additional information for the individuals listed above, including any identified subconsultants.
a. Experience with similar or related projects of this size and scope which have been completed.
b. Group experience and work performed on similar or related projects of this size and scope.
c. Experience working with the City of Emeryville or similar jurisdiction on similar projects.

E. Proposal and Fee Schedule
Sealed and labeled proposals and fee schedules for primary and sub consultants shall be submitted with this proposal including personnel by classification and hourly rates.

Details of the cost proposals are to include tasks, work activities, and other elements described in the consultants project approach.

Not to exceed proposals with full hourly breakdowns shall be provided for Task 1 and Task 2. Scope and fees for subsequent tasks may be added to agreement as contract capacity allows.

SUBMITTAL FORMAT
The proposer shall submit four (4) hard copies of the proposal and deliver to:

ATTN: Michael Roberts (EPW), 1333 Park Avenue, Emeryville, CA 94608 The proposer shall also submit a PDF sent to [email protected]. If file is too big for email (over 20MB), please upload online and provide link, or submit on USB drive along with hard copies. Digital Signatures will be accepted.

5. EVALUATION OF SUBMITTALS

5.1 Selection Process Generally
The City intends to make a selection based on the qualifications submitted, any interviews, or other information as requested. The respondent selected will be chosen based on the qualifications on similar projects and ability to meet the overall objectives City of Emeryville | Request for Proposals – Bridge Maintenance and Repair REV08/2022

and schedule of the City. The City has the right to reject any or all submittals, as well as to waive any irregularities as to any submittals to this RFP.

5.2 Evaluation Criteria and Scoring
Each team’s submittal shall be evaluated on the following evaluation criteria, weighting and maximum points, as follows:

Criteria and Maximum Scores:

1. Project Approach and Understanding – 30 pts

2. Demonstrated Technical Experience of Firm– 30 pts

3. Team/Key Individual’s Experience with Similar Projects – 40 pts

Total Points Available: 100 pts

6. GENERAL TERMS AND CONDITIONS

6.1 Errors and Omissions
Consultants are responsible for reviewing all portions of this Request. Consultants are to promptly notify the City, in writing, if the firm discovers any ambiguity, discrepancy, omission or other error in this request. Any such notification should be directed to the City staff contact person listed on the cover page promptly after discovery, but in no event, later than five (5) working days prior to the date for receipt of submittals.

6.2 Additional Questions
Any questions regarding this request must be submitted in writing to the City staff contact person listed on the cover page by November 12, 2025 prior to the submittal deadline of November 20, 2025. The City may share the question(s) and its response(s) with all known consultants who are considering a response to this request.

6.3 Addendum
The City may revise this request prior to the submittal deadline. The City will communicate modifications to this request by issuing an addendum. The City may extend the submittal deadline in its sole discretion.

6.4 Additional Information
In the City’s sole discretion, it may contact any, all or no consultant to seek additional information about a submittal. Such additional information may include requesting that the consultant meet with the selection committee, financial information, clarification on the submittal, etc.

6.5 No Contract
This request and the selection process shall in no way be deemed to create a binding contract, agreement or offer of any kind between the City and submitting consultant. If the City selects a consultant(s) pursuant to this request, any legal rights and obligations City of Emeryville | Request for Proposals – Bridge Maintenance and Repair REV08/2022

between the successful firms, if any, and the City will come into existence only when a written contract is fully executed by the parties, and the legal rights and obligations of each party shall at that time be only those rights and obligations which are set forth in the contract and any other documents specifically referred to in that contract.

6.6 No Costs to City
Each consultant submitting a response to this request agrees that it shall bear all costs and expenses associated with the preparation of the submittal, and the City shall not be responsible for any costs or expenses incurred by the consultant, under any circumstances.

6.7 Public Records
All submittals become the property of the City, regardless of whether the City enters into a contract with the consultant, and no submittals will be returned to a consultant. In accordance with California law relating to access to public records, the City may be required to publicly disclose all submitted information and materials to third parties requesting such information. At the City’s sole discretion, it may delay disclosure of submittals until negotiations with the selected consultant(s) has concluded, if such disclosure would compromise the City’s negotiating position. If the submitting consultant claims that any submitted information constitutes a trade secret or is proprietary, the bidder shall identify the trade secret or proprietary information in the submittal. Pricing is not considered a trade secret or proprietary information.

6.8 Award
This request does not commit the City to award a contract. The City reserves the right to accept or reject any or all submittals, to negotiate a different proposal, to split the award, to waive irregularities, and technicalities, to alter the selection process in any way, to postpone the selection process for its own convenience at any time for any reason , to waive any defects or irregularities in any submittal, to issue a new Request at any time, or to hire any consultant it deems appropriate in its sole and absolute discretion within or outside of the evaluation process.

6.9 Federal, State and Local Laws
Any consultant executing a contract with the City will be required to comply with all applicable federal, state and local laws, including without limitation state Prevailing Wage Law (Cal. Labor Code, § 1720, et seq.) and the City of Emeryville’s Minimum Wage, Paid Sick Leave, and Other Employment Standards (Emeryville Municipal Code Chapter 37) and Living Wage Ordinance (Emeryville Municipal Code Chapter 31), as applicable.

6.10 City Contract
A sample of the standard City professional services contract is attached as Attachment 1 for reference. By submitting a response to this request, the consultant represents that it is willing and able to execute the City’s standard professional services contract, including but not limited to, the applicable insurance requirements.

City of Emeryville | Request for Proposals – Bridge Maintenance and Repair REV08/2022

7. ATTACHMENTS:
• Attachment 1 - Professional Services Contract
Exhibit B – Insurance Requirements

• Attachment 2 – Capital Improvement Program Pages
• Attachment 3 - Maintenance & Inspection Report for the South Bayfront Pedestrian Overcrossing
• Attachment 4 - Caltrans’ Powell Overhead Inspection Report • Attachment 5 - Powell Overhead Record Drawings
• Attachment 6 – Emeryville Station Pedestrian Overcrossing Record Drawings
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $150,000 WITH WISS JANNEY ELSTNER INC. FOR ON-CALL PROFESSIONAL STRUCTURAL CONDITION

ASSESSMENT AND DESIGN SERVICES FOR THE BRIDGE MAINTENANCE AND REPAIR PROJECT (FUND 475, CIP PROJECT #24475012, ESI-02) FROM APRIL 2026 - APRIL 16, 2029, AND AUTHORIZING THE CITY MANAGER TO EXECUTE UP TO

TWO ADDITIONAL ONE YEAR EXTENSIONS FOR A TOTAL CONTRACT VALUE NOT TO EXCEED $300,000
WHEREAS, the Fiscal Year 2025-2027 Adopted Budget and the Capital Improvement Program has allocated funds to the Bridge Maintenance Program (CIP Project #24475012 URG-02) in Fund 475, the General Capital Fund; and
WHEREAS, this program includes routinely inspecting each structure for maintenance and repair needs including; deck seal, structural materials, waterproofing materials including paint, drainage, striping, joint seals, and appurtenances; and WHEREAS, on October 23, 2025, a Request for Proposals was issued which identified two initial assessment tasks to be performed by the selected consultant in addition to subsequent on-call design services for five structures in Emeryville; and WHEREAS, on November 20, 2025, three proposals were received from interested firms; Diablo Engineering, Wiss Janney Elstner and Biggs Cardoza; and WHEREAS, Public Works staff reviewed the proposals and ultimately determined that Wiss Janney Elstner of Emeryville demonstrated superior knowledge of the structures involved, proposed a clear and efficient project approach, and demonstrated excellent structural assessment and design expertise and capacity to deliver services as described in the RFP; and
WHEREAS, the attached contract has a three-year duration, from April 2026 – April 16, 2029, and a not to exceed amount of $150,000, and it is proposed to seek authorization for the City Manager to execute two additional one-year extensions for a total not to exceed contract value of $300,000; and
WHEREAS, there is sufficient funding in Fund 475 for the Bridge Maintenance and Repair CIP Project; Project #24475012, ESI-02, to fund this professional services contract; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville authorizing the City Manager to enter into an on-call professional services contract in the amount of $150,000 with Wiss Janney Elstner Inc. for on-call professional structural condition assessment and design services for the Bridge Maintenance and Repair CIP Project; Project #24475012, ESI-02 Resolution No. _____
On-Call Bridge Design WJE
City Council Meeting | April 21, 2026

from April 2026 - April 16, 2029, and authorizing the City Manager to execute up to two additional one year extensions for a total contract value not to exceed $300,000.

Resolution No. _____
On-Call Bridge Design WJE
City Council Meeting | April 21, 2026

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held April 21, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
▪ Exhibit A – Professional Services Contract
City of Emeryville

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.

REV01/2025
THIS PROFESSIONAL SERVICES CONTRACT (“Contract”) is effective as of ____________________ (the “Effective Date”), by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and WISS JANNEY ELSTNER (“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 Professional Structure Condition Assessment and On-Call Design Services for Powell Street Bridge Project; 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 APRIL 16, 2029. The Parties may, by mutual, written consent, extend the term of this Contract.

Docusign Envelope ID: 2B639DBC-C9AD-4655-AB50-75194069C7A0 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 ONE HUNDRED AND FIFTY THOUSAND DOLLARS AND NO CENTS ($150,000), 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.

Docusign Envelope ID: 2B639DBC-C9AD-4655-AB50-75194069C7A0 City of Emeryville | Professional Services Contract
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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: 2B639DBC-C9AD-4655-AB50-75194069C7A0 City of Emeryville | Professional Services Contract
REV01/2025

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: 2B639DBC-C9AD-4655-AB50-75194069C7A0 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
The Project Manager is 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: 2B639DBC-C9AD-4655-AB50-75194069C7A0 City of Emeryville | Professional Services Contract
REV01/2025

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: 2B639DBC-C9AD-4655-AB50-75194069C7A0 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 $19.08 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.

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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.

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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: 2B639DBC-C9AD-4655-AB50-75194069C7A0 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 Michael Roberts for the City and Brian Kehoe for the Contractor:

CITY CONTRACTOR
Michael Roberts
Phone No: 510-596-4333
E-Mail : [email protected]
Brian Kehoe,Associate Principal
Phone No: 510-428-2907
E-Mail : [email protected]
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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
Mohamed Alaoui, Public Works Director
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4330
E-Mail : [email protected]
with a copy to:

Michael Roberts, Senior Civil Engineer
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4333
E-Mail : [email protected]
Brian Kehoe, Associate Principal
2000 Powell Street, Suite 1650
Emeryville, CA 94608
Phone No: 510-428-2907
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.

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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
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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
LaTanya Bellow, City Manager
Dated: WISS JANNEY ELSTNER
(Signature)
Brian Kehoe, Associate Principal
Attach:

W-9 Form
Attach:

Business License Certificate
Docusign Envelope ID: 2B639DBC-C9AD-4655-AB50-75194069C7A0 04/13/2026
Postion Principal Associate
Principal
Senior
Associate
Associate
III
Associate II
Senior
Specialist
Cost Estimating
Subconsultant -
HCM
Rate $370 $320 $285 $250 $210 $200
Task 1 - Develp Condition Assessment Checklists Hours Hours Hours Hours Hours Hours Fee* Total Site visit - Emery Station 4 4 $2,280
Site visit - Powell Overhead 4 4 $2,280
Review South Bayfront Pedestrian checklist 4 4 $2,280
Checklist development - Emery Station 1 8 2 12 $6,500
Checklist development - Powell Overhead 1 6 2 10 $5,360 Task 1 Total 2 26 4 34 $18,700
Task 2 - Existing Condition Inspections and Recommendations Site visit - Emery Station 4 4 $2,280
Site visit - Powell Overhead 4 4 $2,280
Site visit - South Bayfront Pedestrain Overhead 4 4 $2,280 Recommendation - Emery Station 1 8 2 8 4 $6,300
Recommendations - Powell Overhead 1 4 2 4 2 $3,620
Recommendations - South Bayfront Pedestrian 1 4 2 4 2 $3,620 Draft Reports 1 8 2 16 $7,500
Final Reports 4 2 4 $2,850
Task 2 Total 4 40 10 48 $30,730
Task 1 and Task 2 Total $49,430
Task 3 - 65% Designs and Estimates Development
Design Development 2 4 4 $3,160
Follow-Up site visits 4 8 8 $5,560
Design Memo 4 4 $2,420
65% Plans and Details 2 4 16 16 32 $16,980
Draft Specifications 4 8 8 $5,560
Cost Estimate 2 2 $ 4,000 $5,210
Task 3 Total 4 22 42 32 $38,890
* Note: Cost estimate assumes a fee of $4,000 for one bridge Task 4 - 100% Design
Coordination with City Review 4 4 $2,420
100% Plans and Details 2 8 12 12 32 $16,120
Final Specifications 2 4 8 8 $6,300
Cost Estimate 2 1 $ 4,000 $4,925
Task 4 Total 4 18 25 20 $29,765
* Note: Cost estimate assumes a fee of $4,000 for one bridge Task 5 - Construction Support
Submittal Review 8 8 $4,840
RFI Support 12 16 16 $12,400
Site Observations 4 16 16 $9,840
Meetings 8 4 4 $4,700
Task 4 Total 0 32 44 36 $31,780
Task 3 through 5 Total $100,435
Task 1 through 5 Total $149,865
Professional Structure Condition Assessment and Design Services City of Emeryville
Confidential 3/6/2026 Page 1 of 1
Exhibit A
Docusign Envelope ID: 2B639DBC-C9AD-4655-AB50-75194069C7A0 November 20, 2025
WJE No. 2025.6689
PREPARED FOR:

Michael Roberts
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
PREPARED BY:

Wiss, Janney, Elstner Associates, Inc.
2000 Powell Street, Suite 1650
Emeryville, California 94608
510.428.2907 tel
Professional Structure Condition Assessment and On-Call Design Services
CIP # ESI-02; Project # 24475012
Proposal
Emeryville, California
Docusign Envelope ID: 2B639DBC-C9AD-4655-AB50-75194069C7A0 WJE NO. 2025.6689 | NOVEMBER 20, 2025
Professional Structure Condition Assessment and On-Call Design Services
CIP # ESI-02; Project # 24475012
Proposal

CONTENTS
A. Cover Letter.............................................................................................................................................1 B. Team/Firm Qualifications Summary......................................................................................................2 Firm Qualifications ...............................................................................................................................................................................2 Project Understanding .......................................................................................................................................................................3 WJE Qualifications................................................................................................................................................................................3 Bridge Inspection Guideline Development and Implementation...............................................................................4 Caltrans Experience....................................................................................................................................................................4 Powell Street Bridge Experience.............................................................................................................................................7 Emeryville Station Pedestrian Overcrossing Experience................................................................................................7 Pedestrian Bridge Experience..................................................................................................................................................8 C. Project Approach.....................................................................................................................................9 Task 1 – Develop Condition Assessment Checklists...............................................................................................................9 Task 2 – Condition Inspections .......................................................................................................................................................9 Task 3 – 65% Design and Estimates..............................................................................................................................................9 Task 4 – 100% Design......................................................................................................................................................................10 Task 5 – Construction Support.....................................................................................................................................................10 D. Project Team .........................................................................................................................................10 E. Proposal and Fee Schedule ...................................................................................................................11 Docusign Envelope ID: 2B639DBC-C9AD-4655-AB50-75194069C7A0 Wiss, Janney, Elstner Associates, Inc.
2000 Powell Street, Suite 1650
Emeryville, California 94608
510.428.2907 tel
www.wje.com
Atlanta | Austin | Boston | Chicago | Cleveland | Dallas | Denver | Detroit | Doylestown | Honolulu | Houston | Indianapolis London | Los Angeles | Milwaukee | Minneapolis | New Haven | New York | Northbrook (HQ) | Philadelphia | Pittsburgh | Portland Princeton | Raleigh | San Antonio | San Diego | San Francisco | Seattle | South Florida | Washington, DC November 20, 2025
Mr. Michael Roberts
Senior Civil Engineer
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
CIP # ESI-02, Project #24475012
Professional Structure Condition Assessment and On-Call Design Services Bridge Maintenance and Repair Project
WJE No. 2025.6689
Dear Mr. Roberts:

Wiss, Janney, Elstner Associates, Inc. (WJE) is pleased to present our qualifications in response to the request for proposal for bridge maintenance and repair services. WJE is well qualified to provide bridge assessment and repair design services and we are conveniently located in Emeryville, California. WJE was established in 1956 and is an international firm of engineers, architects, and materials scientists with more than 800 employees in 29 offices nationwide, including more than 40 professionals in Emeryville.

For this project, Mr. Brian Kehoe, a licensed Structural Engineer in California, will serve as Project Manager and will be the primary contact. He is authorized to represent WJE in any negotiations and is authorized to sign any contract that may result. His contact information is provided below.

Brian Kehoe
20000 Powell Street, Suite 1650
Emeryville, CA 94608
Phone: Work – (510) 428-2907 Cell – (510) 520-9015
Email: [email protected]
Attached is a copy of our qualifications for this project. We look forward to working with you.

Sincerely,
WISS, JANNEY, ELSTNER ASSOCIATES, INC.

Brian Kehoe, SE #3398
Associate Principal
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Professional Structure Condition Assessment and On-Call Design Services
CIP # ESI-02; Project # 24475012
Proposal
B. TEAM/FIRM QUALIFICATIONS SUMMARY
Firm Qualifications
Wiss, Janney, Elstner Associates, Inc. (WJE) is a nationally recognized engineering, architecture, and materials science firm with nearly 70 years of experience in the evaluation, testing, and rehabilitation of existing bridge structures. WJE has completed over 175,000 projects, including thousands of bridge investigations for federal, state, and local agencies. Through the investigation of thousands of bridges and notable bridge failures, our bridge engineers have learned that improved bridge construction and rehabilitation designs are accomplished through a better understanding of the problems. Our knowledge of bridge performance is supported by expertise in structural, electrical, and mechanical engineering as well as laboratory and field testing and instrumentation.

Our core capabilities regarding bridge investigations include:
• Bridge Inspection and Analysis: WJE has inspected and analyzed numerous bridges in the State of California for Caltrans and local government entities, and adheres to the National Bridge Inspection Standards (NBIS). Our staff includes certified Program Managers and Team Leaders with extensive experience in fracture critical, element-level, and special inspections. • Access Expertise: WJE employs underbridge inspection vehicles (UBIVs), aerial lifts, drones, and rope access techniques for difficult-to-reach structures. • Field Testing and Instrumentation: Capabilities include live load stress monitoring, displacement analysis, ultrasonic testing (UT), magnetic particle testing (MT), and phased array UT.
• Load Rating and Fatigue Studies: WJE performs structural analysis and fatigue life assessments using finite element modeling and field data.
• Retrofit Design and Installation: The firm designs and installs steel retrofits for fatigue-sensitive details and has executed emergency repairs and strengthening measures on major river crossings. • Material Evaluation: Laboratory testing includes petrography, chloride content analysis, carbonation depth, and compressive strength testing.

Our bridge engineers have extensive experience conducting field investigations of bridge deck, superstructure, and substructure problems involving a wide range of bridge materials and structure types.

Supported by extensive laboratory facilities, nondestructive testing capabilities, and in-house expertise in our Janney Technical Center, we are routinely called upon to complete fatigue and fracture investigations, corrosion assessments, and collapse investigations. Our engineers are also experts in the design of new movable bridge systems, shop and field inspection, preparation of procedures for machinery installation, and electrical testing and construction support services.

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Professional Structure Condition Assessment and On-Call Design Services
CIP # ESI-02; Project # 24475012
Proposal
Project Understanding
Routine, periodic bridge inspections are critical to maintaining the long-term performance of critical infrastructure. Agencies responsible for maintenance of bridges must develop consistent guidelines for the inspection of their bridge inventory. These guidelines need to be followed by engineers knowledgeable in the key aspects of the bridges to which the guidelines are applied. Engineers performing bridge inspections also need to have background information on the design and construction of the bridges as well as past inspection results to be able to interpret observations in the context of current and future performance of the bridges. Information from available documents from relevant agencies such as AASHTO and Caltrans should be referenced and adapted as needed in the development of bridge-specific guidelines to be applicable to the inventory of bridges for which the guidelines will be used.

Development of guidelines for the selected bridges in the City of Emeryville is a necessary first step in the process of providing periodic and consistent inspections. The next step is to implement these guidelines on the selected bridges. The guidelines should be followed by engineers who are familiar with the guidelines, are well-versed in the behavior of bridge structures and have extensive experience with on-site condition assessments of structures.

Based on the results of the inspections, recommendations for maintenance and repairs should be developed to address current issues that will affect the short-term or long-term performance of the bridges. The repairs should make use of standards for repairs where applicable, such as those used by Caltrans, and going forward, recommendations for maintenance and repairs should be followed and regularly reviewed to support continued bridge performance.

WJE Qualifications
WJE is uniquely qualified to provide bridge inspection and repair services for the bridges in the City of Emeryville. We are conveniently located in Emeryville, and our engineers have extensive experience in all aspects of bridge inspections, analysis, and repair. We have also worked on two of the bridges requiring inspections with this project: the Powell Street Bridge, and the Emeryville Station Overcrossing. In addition, WJE has been engaged by many state and local departments of transportation, and provided expertise to the Federal Highway Administration and the National Transportation Safety Board. Examples of specific experience that demonstrate our qualifications to perform this project are described below.

Cost Estimating Subconsultant: Hattin Construction Management (HCM) will serve as a subconsultant to WJE to provide construction cost estimates for proposed repairs to the bridge structures. HCM is a certified small local and minority-owned firm specializing in project and construction management including cost estimating and scheduling. Founded in 2012, HCM is headquartered in Oakland, California.

HCM's principals bring over 30 years of construction industry experience in transportation/infrastructure, educational facilities, housing, civic and government buildings, medical facilities, and utilities. The majority of our team members, including cost estimators, have worked together for over 25 years.

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Professional Structure Condition Assessment and On-Call Design Services
CIP # ESI-02; Project # 24475012
Proposal
Bridge Inspection Guideline Development and Implementation WJE was engaged by San Francisco
International Airport to prepare
recommendations for periodic inspections of
the AirTrain transit structures. The AirTrain
system was initially constructed circa 2000 and
consists of more than six miles of elevated
track supported by concrete and steel framed
beams, girders, and concrete columns. The
structure supports an automated people
mover system running on rubber tires that are
supported on concrete beams. The guidelines
developed include component ratings for the
beams, columns and girders that are based on the Standard for Rail Transit Structure Inspection and Maintenance (APTA RT-FS-S-001-02). WJE engineers have five performed periodic inspections of the AirTrain transit structure since 2014. A report on the observations has been prepared following each inspection that has included short term repair recommendations.

Caltrans Experience
WJE has been engaged by Caltrans to provide specialized evaluations and testing for numerous projects.

Examples of past projects performed by WJE for Caltrans include the following.

Lambert Road Undercrossing: The widening project for the Lambert Road Undercrossing is located in the City of Brea, California on State Route (SR) 57. The structure was designed as a 177-foot-long singlespan bridge designed using AASHTO LRFD Bridge Design Specifications, 6th Edition with Caltrans Amendments. In March 2022, a partially constructed cast-in-place post-tensioned (CIP/PT) 2-cell concrete box girder bridge experienced structural
failure due to partial separation of the soffit
slab from the webs. WJE engineers and
materials scientists were engaged by Caltrans
to perform nondestructive testing of the
bridge to assess the presence of anomalies
that affected the strength of the bridge.

During demolition of the bridge, large-scale
samples were removed and shipped to WJE’s
laboratory where they were destructively
tested to understand the conditions that
contributed to the bridge failure. We
collaborated with Caltrans engineers and their
structural design and analysis consultant to
assess causes for the bridge failure and make recommendations for redesign and reconstruction of the bridge.

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Professional Structure Condition Assessment and On-Call Design Services
CIP # ESI-02; Project # 24475012
Proposal
Bidwell Bar Bridge: The Bidwell Bar bridge is a historic steel suspension bridge spanning Lake Oroville in northern California. This two-lane bridge has a main span of about 1100 feet, with wire-rope suspenders supporting the steel stiffening truss and concrete deck. The main cables are encased in a unique proprietary acrylic resin sheathing that limited direct visual assessment of the cables. The Caltrans engaged WJE to perform an independent
assessment of the main cables and
suspenders. WJE’s team of engineers
performed a close-up examination of the main
cables using industrial rope access techniques
and at the cable anchorages. Partial
disassembly of representative suspender
support collars was performed, allowing for
visual observation of portions of the main
cables. The on-site work occurred over a
period of about six months with periodic
meetings with Caltrans to discuss the findings.

Recommendations were made for repairs to
the suspender collars to mitigate additional corrosion of the main cables.

Interstate 40 Bridge Investigation: The section of Interstate 40 which crossed the Mojave Desert in California was
constructed in the early 1970s and included twelve cast-inplace T-beam bridges. The structures were typically two to three spans in length, with individual spans measuring
approximately 50 feet. Bridges were comprised of five
girders supporting two traffic lanes and shoulders. In 2006, during a routine inspection, several of the bridges were found to exhibit diagonal cracking near beam ends and
movement along the horizontal construction joint between the girder and the deck. Additional investigations found fractured vertical reinforcing stirrups that crossed the intersection between the girder and deck at the deck filler.

WJE was retained by Caltrans to determine the cause of the failures and its implication for other similar bridges built in California. Following a thorough document review, WJE
performed field investigations, materials sampling and
analysis, design review, and sophisticated finite element analysis to assess the cause of the cracking. We identified the primary cause of the failures as cyclic degradation of concrete interfaces at construction joint, for which the original design did not account.

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Professional Structure Condition Assessment and On-Call Design Services
CIP # ESI-02; Project # 24475012
Proposal
MacArthur Maze Fire: The MacArthur Maze is a multidirectional freeway interchange that dates back to the 1930s. The structure features a reinforced concrete substructure and structural steel plate girder and reinforced concrete deck superstructure elements. The substructure piers were previously retrofitted with steel jackets for seismic considerations. In April 2007, a gasoline tanker truck overturned and caught fire on the Interstate 880 connector. The intense heat from the fire weakened the steel girders of the roadway directly above, collapsing approximately 165 feet of the elevated roadway onto I-880 below. Caltrans requested assistance investigating the extent of the fire damage to determine appropriate repair strategies and reopen both affected roadways as quickly as possible. WJE arrived on-site the day following the fire to provide emergency structural engineering services to Caltrans. Engineers worked throughout the following days to obtain concrete core samples for testing and to accurately document the extent of fire damage to the structural elements using a
wide range of nondestructive testing methods.

Five days after the fire, WJE issued a
comprehensive report on the affected
structural elements.

WJE’s investigation, testing, and analyses
indicated that the I-880 structure had not
sustained significant damage from the fire and
subsequent collapse of I-580. It was also
determined that the primary support piers for
the I-580 structure would not have to be
replaced. Based on WJE’s efforts, Caltrans was
able to reopen the I-880 connector and clearly define the scope of repairs.

San Francisco-Oakland Bay Bridge Replacement: The
San Francisco – Oakland bridge is a high-profile landmark structure that was, and remains, under significant public scrutiny. Any issues with the bridge must be investigated promptly, carefully, and with an understanding that the findings will be examined in depth by many parties. The eastern section of the San Francisco - Oakland Bay Bridge is a $6.5-billion, self-anchoring, asymmetrical suspension bridge, construction of which was completed in 2013. The structural design of the bridge was unusual in many
respects and had its share of challenges. Over the course of several years, WJE participated in a number of studies at the request of Caltrans involving the bridge, including investigation of fractures in 3-inch-diameter high-strength bolts; investigation of water leaks; investigation of anchor bolt grout anomalies; investigation of corrosion potential of water samples; and cyclic fatigue load testing of
structural steel supports for equipment platforms.

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Professional Structure Condition Assessment and On-Call Design Services
CIP # ESI-02; Project # 24475012
Proposal
Powell Street Overhead Experience
The Powell Street Overhead is constructed of prestressed girders and normally reinforced concrete deck.

The girders have dapped ends and are
supported on cast-in-place cantilever bent cap
beams. The bridge measures 1,120 feet long
and has twenty spans supporting four lanes of
traffic. The thirty-five-year-old structure
featured expansion joints filled with
conventional sealant. Severe leakage was found
in sixteen expansion joints. The width of the
joints ranged from one inch to two inches,
making it difficult to find one system that
would work over this range. The City of
Emeryville selected WJE to evaluate and design
repairs for the bridge’s expansion joints.
 Monitored expansion joints for thermal movement
 Determined that the bridge’s thermal movements were better accommodated by installing heavyduty expansion joint seals to keep the expansion joints waterproof; recommendations were consistent with AASHTO guidelines for thermal stressing/cycling
 Replaced original sealant joints with expansion joint seals to improve the bridge life-cycle maintenance strategy
 Performed structural calculations to confirm that partial deck removal and replacement work could proceed without shoring
 Enabled the city to apply for a rebate by upgrading the waterproofing system within FHWA program guidelines
Emeryville Station Pedestrian Overcrossing Experience
The pedestrian overcrossing at the Amtrak station in Emeryville, California was designed in 1994. The bridge superstructure is comprised of an inverted U-shaped prestressed concrete girder. The overcrossing is supported at the east and west ends by reinforced concrete towers that house elevators. These towers are surrounded by stairs and stair landings that provide access to the walkway girder from the ground level. Each tower consists of two spirally reinforced concrete piers that are integral with a surrounding reinforced concrete elevator core. At the top of the piers is an L-shaped abutment beam that supports the prestressed concrete walkway girder. Connecting the ends of the walkway girder to the abutment beam at each end are two high-strength Dywidag post-tensioning rods and shear lugs integral with the L-shaped Docusign Envelope ID: 2B639DBC-C9AD-4655-AB50-75194069C7A0 WJE No. 2025.6689 | November 20, 2025 Page 8
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CIP # ESI-02; Project # 24475012
Proposal
abutment beams. The towers are supported by
five-foot deep pile caps and an array of 12-inch
square prestressed concrete piles.

A six-story parking structure was proposed to
be constructed on the land adjacent to the west
tower of the bridge. The parking structure is not
intended to be connected to the existing west
tower; a seismic gap is proposed between the
parking structure and the bridge. To
accommodate the construction of the parking
structure, the top portion of the west tower, above the deck level of the girder, was proposed to be removed. The existing elevator within the west tower as well as the spiral stairs surrounding the west tower were also to be removed.

WJE was engaged by the designer of the proposed parking structure to evaluate the effect of the proposed modification on the structural performance of the pedestrian overcrossing. WJE prepared finite element analyses of the building and applied site-specific ground motions to understand the nonlinear behavior of the structure. The analysis found that the proposed modifications would have minor effects on the seismic behavior of the structure.

Pedestrian Bridge Experience
The Guy West Pedestrian Bridge is a
suspension bridge over the American River
that is intended for use by pedestrians and
bicyclists on the Sacramento State University
Campus. The bridge originally opened in 1966
and was modeled after the famed Golden Gate
Bridge. The bridge has a main suspended span
of 600 feet and two simply supported, steel
truss approach spans of 72 feet each. The
main cables consist of four parallel wire ropes.

The original suspenders of the Guy West
Pedestrian Bridge showed signs of local
fatigue approximately twenty years after construction. WJE designed replacements for all of the suspenders in 1989. The City of Sacramento requested an updated assessment of the bridge in 2011 to include an arms-length examination of all structural components. This assessment was an initial step in preparation for repainting the bridge and establishing a long-term maintenance program. WJE inspected and evaluated the current condition of the structure, including the towers, the suspenders and saddles, the suspender rope sockets, concrete deck, railings, trusses, bearings, anchorages, piers, and abutments.

The visual inspections were performed in accordance with the National Bridge Inspection Standards and recommendations set for in AASHTO’s Manual for Bridge Evaluation. An aerial lift was used for close-up access to the towers and portions of the main cables and suspenders.

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Proposal
The inspection found that the bridge components are in fair to satisfactory condition. However, several fractured wires for the main cable were found, which were likely due to fatigue. A Fractographic examination of broken wires found in one of the main suspension cables, repairs to the guardrail system, and replacement of the elastomeric bearing pads. Based on the inspection, a series of recommendations were developed that included the addition of a clamp to main cables in order to reduce wind-induced resonance and cable fatigue at saddles.

C. PROJECT APPROACH
As described in the RFP, we anticipate that this project will include the following tasks.

Task 1 – Develop Condition Assessment Checklists
WJE will review the drawings and available reports regarding the pedestrian stairs and walkway at the Powell Street Overhead and for the Emeryville Station Pedestrian Overcrossing. This will provide a basic understanding of the design and construction of the structures. WJE engineers will also visit the site for both structures to observe existing conditions and recognize existing components and conditions that will need to be considered in the checklists.

Based on our observations and understanding of the components and conditions at both structures, WJE will prepare separate condition assessment checklists for each structure. These checklists will include a list of components that will need to be evaluated and a methodology for determining an assessment for each component.

Task 2 – Condition Inspections
WJE engineers will use the checklists for the Powell Street Overhead and for the Emeryville Station Pedestrian Overcrossing and conduct a visual condition assessment of each structure. We will also use the maintenance checklist previously developed for the South Bayfront Pedestrian Overcrossing to conduct an assessment of that structure. The assessments will be based on visual observations from accessible portions of the structure using binoculars as needed. We will not enter the railroad right-of-way and no traffic control of public streets will be implemented.

Following the condition assessments, WJE will provide separate reports describing our observations and condition assessments for the components. Where conditions are identified that represent damage or deterioration that will affect the performance of the structures, we will make recommendations for repair or maintenance.

Task 3 – 65% Design and Estimates
Where damage or deterioration of any of the inspected structures has been identified as requiring repairs, WJE will develop preliminary construction documents for the repairs. This will include drawings, specifications, and structural calculations as needed. The preliminary construction documents will be provided to our cost estimating sub-consultant to develop an estimate of construction costs for the repairs. The preliminary construction documents and construction cost estimate will be provided to the City of Emeryville for review.

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CIP # ESI-02; Project # 24475012
Proposal
Task 4 – 100% Design
Following review of the preliminary construction documents by the City of Emeryville, WJE will incorporate comments from the City of Emeryville and prepare a final set of construction documents for the proposed repair. A final construction cost estimate will also be prepared by our cost estimating sub-consultant. The construction documents and cost estimate will be provided to the City of Emeryville for permitting and bidding.

Task 5 – Construction Support
After the final construction documents have been submitted and the City of Emeryville has engaged a contractor to implement the repairs, WJE will provide construction administration services during the repair work. We anticipate these services will include review of contractor submittals, review and response to contractor requests for information (RFIs), and periodic sit visits to observe the work to assess whether the work is being performed in general conformance with the construction documents. WJE will provide to the City of Emeryville and the contractor periodic site visit reports that will describe general observations and identify locations or conditions where the work is not in conformance with the construction documents. Recommendations for addressing these conditions will be made when necessary.

Following completion of the project, WJE will perform a punch walk to identify any conditions that are incomplete or not in conformance with the requirements of the construction documents. After punch list items are resolved, WJE will perform a final site inspection and issue a final report detailing the completion of the repair project.

D. PROJECT TEAM
The proposed WJE project team includes engineers with extensive experience in the condition assessment of structures.

Project Manager:

Brian Kehoe of WJE will serve as project manager for this project. He is a licensed civil and structural engineer in California and has more than 45 years of experience in the structural assessment of bridges, buildings, and other structures. He managed several of the example projects described above including the SFO AirTrain assessments, the Lambert Road Undercrossing evaluation, the Bidwell Bar Bridge evaluation, the Guy West bridge evaluation, and the analysis of the Emeryville Station Pedestrian Overcrossing. Mr. Kehoe is active in professional organizations including the American Society of Civil Engineers and the American Concrete Institute.

Project Engineers: Willy Rosenblatt is a Senior Associate with WJE, and a licensed engineer in Illinois, Indiana, and Oregon. He has experience in assessing, appraising, and restoring steel, timber, and concrete structures. Mr. Rosenblatt has worked on projects including specialized inspections for nonredundant steel tension member (formerly fracture-critical) bridges, bridge monitoring and instrumentation, complex structural analyses, and emergency responses.

Zander Danto is an Associate III with WJE. He is a licensed civil engineer in California, with experience across a range of projects, including seismic evaluations and retrofits, failure investigations, condition assessments, nondestructive evaluations, and structural analysis of existing and historical structures. Mr.

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Proposal
Danto has also performed evaluations of existing buildings using visual and nondestructive testing methods, and has analyzed numerous structures spanning modern and archaic construction materials. Mr.

Danto has assisted Mr. Kehoe with the SFO AirTrain assessments since 2023.

Quality Control Reviewer:

Wade Clark is a principal with WJE and a licensed professional engineer in Oregon and a licensed structural engineer in Illinois. Mr. Clarke has investigated the failures of numerous structures, including bridges, temporary works, and agricultural facilities. Mr. Clarke’s work on bridge projects has included load rating, strengthening retrofit design and installation, design and installation of retrofits for fatiguesensitive details, development and evaluation of steel bridge erection procedures, evaluation and design of precast segmental bridge erection equipment, and design of jacking procedures and assemblies for structural repairs and modifications. Among the many projects involving bridges are the field investigation of the I-35W bridge collapse in Minneapolis and the fracture-critical and in-depth inspections of the Bridge of the Americas in Panama City, Panama.

Cost Estimating Subconsultant:

Hattin Construction Management (Hattin) will serve as a subconsultant to WJE to provide construction cost estimates for proposed repairs to the bridge structures. Cost estimating is one of HCM’s primary services. their team of estimators have provided cost estimates on projects totaling in excess of $1 billion in construction costs. HCM has worked on a variety of projects including transportation, education, housing, civic and government facilities, transportation, infrastructure, utilities, and water-wastewater with value ranging from thousands to over a billion. HCM’s Cost Estimating team’s expertise and background coupled with HCM’s standard estimating methodology, result in estimates that are typically within 5% of the bid and are consistently more accurate than industry standards E. PROPOSAL AND FEE SCHEDULE
Provided in a separate sealed envelope.

Docusign Envelope ID: 2B639DBC-C9AD-4655-AB50-75194069C7A0 City of Emeryville

C A L I F O R N I A
REV 08/2020 Page 1 of 5

E X H I B I T B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to WISS JANNEY ELSTNER INC.

1. MINIMUM REQUIREMENTS
Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work or Services required by the Contract hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage, as checked below:

1.1 Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:
 General Liability
Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).
 Automobile Liability
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto) or if Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the General Liability Policy.  Professional Liability / Errors and Omissions
Written on a policy form specifically designed to protect against acts, errors or omissions of the Contractor wherein “Covered Professional Services” as designated in the policy must specifically include Services performed under this Contract.
 Workers’ Compensation and Employer’s Liability
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
 Pollution Liability Insurance
Pollution Liability insurance for claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater. This shall Docusign Envelope ID: 2B639DBC-C9AD-4655-AB50-75194069C7A0 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

include on and off-site clean up and emergency response costs and claims arising from above ground and below ground storage tanks.

1.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
 General Liability
All Contract Types
$1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability.

OR
Construction Specific
$2,000,000.00 per occurrence and $4,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and coverage for explosion, collapse and underground property damage hazards.
 Automobile Liability
$2,000,000.00 per accident for bodily injury and property damage.  Professional Liability / Errors and Omissions
$2,000,000.00 per claim and aggregate.
 Workers’ Compensation and Employer’s Liability
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000.00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease.  Pollution Liability Insurance
$2,000,000.00 per occurrence and $2,000,000.00 aggregate.

Except for the professional liability / errors and omissions policy, defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Parties required to be named as additional insureds pursuant to this Contract.

2. INSURANCE ENDORSEMENTS
The insurance policies shall contain the following provisions, if checked, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions, if checked, to the insurance policies:

Docusign Envelope ID: 2B639DBC-C9AD-4655-AB50-75194069C7A0 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

 General Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 or CG20 37, or endorsements providing the exact same coverage, with respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it; and (4) the insurance coverage shall contain standard separation of insureds provisions.
 Automobile Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
 Professional Liability Coverage
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Contract and Contractor agrees to maintain continuous coverage through a period no less than three years after termination of the Contract.

Docusign Envelope ID: 2B639DBC-C9AD-4655-AB50-75194069C7A0 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

 Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.  Pollution Liability Coverage
(1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

ALL COVERAGES
Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3. NO SPECIAL LIMITATIONS
The required insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

4. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

Docusign Envelope ID: 2B639DBC-C9AD-4655-AB50-75194069C7A0 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

6. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

7. SUBCONTRACTORS
All subcontractors shall meet the requirements of this Section before commencing any work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

8. REPORTING OF CLAIMS
Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the work performed under this Contract.

Attach:

Insurance Certificate and Endorsements
Docusign Envelope ID: 2B639DBC-C9AD-4655-AB50-75194069C7A0 City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: April 21, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Chadrick Smalley, Community Development Director SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING TITLE 9
(PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE

TO IMPLEMENT PROGRAMS B, HH, AND KK OF THE APPROVED
2023-2031 HOUSING ELEMENT (CEQA DETERMINATION: THE

ORDINANCE IS WITHIN THE SCOPE OF THE ACTIVITIES ANALYZED

IN THE ADDENDUM TO THE GENERAL PLAN EIR ADOPTED FOR THE 2023-2031 HOUSING ELEMENT PURSUANT TO CEQA GUIDELINES
SECTIONS 15162 AND 15164 AND NO FURTHER ENVIRONMENTAL
REIVEW IS REQUIRED; AND THE ORDINANCE IS ALSO EXEMPT

FROM CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION
21080.085 BECAUSE IT IMPLEMENTS THE SCHEDULE OF ACTIONS

IN AN APPROVED HOUSING ELEMENT)

RECOMMENDATION
Staff recommends that the City Council approve the second reading and adopt the attached Ordinance amending Title 9 of the Emeryville Municipal Code, entitled “Planning Regulations”, to implement Programs B, HH, and KK of the approved 2023- 2031 Housing Element of the Emeryville General Plan, and making required findings. If approved by the City Council, the Ordinance would take effect on May 21, 2026.

DISCUSSION
The City Council adopted the first reading of the attached Ordinance on April 7, 2026 with no changes. The staff report for the April 7, 2026 meeting, which provides a detailed explanation of the proposed Ordinance, is attached for reference (see Attachment A).

PREPARED BY: Chadrick Smalley, Community Development Director

ATTACHMENTS
▪ Attachment A – Staff Report from April 7, 2026
▪ Ordinance Amending Title 9 of the Emeryville Municipal Code City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: April 7, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY:Chadrick Smalley, Community Development Director SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EMERYVILLE AMENDING TITLE 9 (PLANNING REGULATIONS) OF

THE EMERYVILLE MUNICIPAL CODE TO IMPLEMENT PROGRAMS
B, HH, AND KK 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 adopt the first reading of the attached Ordinance amending Title 9 of the Emeryville Municipal Code, entitled “Planning Regulations”, to implement Programs B, HH, and KK of the approved 2023-2031 Housing Element.

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 element 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.

Programs B, HH, and KK are several of the many programs implementing the Housing Element. The Housing Element contains 45 programs (labeled “A” through “SS”), many of which include multiple actions to complete during the term of the Housing Element.

Each program includes one or more implementation timelines, such as “short term,” “mid Attachment A
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 7, 2026

term,” “long term,” “ongoing,” and “as needed.” Programs B, HH, and KK implementation timelines are as follows:
 Program B, Streamlining Planning Processes, has a timeframe of “short term” for investigating, drafting, and adopting new policies.
 Program HH, Schools and Child Care Centers, has a “short term’ timeline for reviewing planning regulations.
 Program KK, Residential Use By Right, has an implementation timeline of “ongoing,” however, the City received notice from the California State Department of Housing and Community Development (HCD) that Program KK is considered a rezoning program, and is subject to Government Code section 65583, subdivision (c)(1)(A), which states that all rezoning actions must be completed generally three years from the statutory deadline of January 31, 2023. The City notified HCD that it is logistically impossible to comply with the January 31, 2026 deadline, as the City was provided only 6 weeks’ notice, and provided HCD with a timeline for implementation commencing with the soonest possible Planning Commission meeting on February 26, 2026.

DISCUSSION
Program B: Streamlining Planning Processes
The purpose of Program B is to streamline processes related to the production of housing.

Program B contains two short term implementation actions that require amendments to the Planning Regulations [Title 9 of the Emeryville Municipal Code (EMC)]. One of these actions is complementary to Program LL and requires tribal notification as it will need a General Plan amendment for map updates. That action will be presented to the Planning Commission later in 2026. The remaining action is “Appeal Hearing Modification: The City will investigate the ability to eliminate the need for a Public Meeting to determine if the case warrants an Appeal Hearing. The elimination of this Public Meeting will accelerate the time for a project to be approved.”
Program HH: Schools and Child Care Centers
The purpose of Program HH, is to determine if any outside factors impede school performance that can be alleviated, such as housing opportunities, affordable childcare opportunities, and more. This program contains one short term implementation action that requires amendments to the Planning Regulations. Program HH states that there shall be “Review [of] the Planning Regulations to ease the process for entitling a Childcare/Day Care Center and ensuring that childcare facilities are permitted near schools and employment centers. Recommended modifications include moving the Childcare/Day Care Center use classification to a Minor CUP for all locations, adding the same use classification to the RM district and eliminating the need for Planning Commission review.” Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 7, 2026

Program KK: Residential Use By Right
Program KK states that “To comply with Assembly Bill (AB) 1397, the eight 2023-2031 Housing Element sites listed in Table 8-1 shall be allowed to be developed for residential use by-right, in accordance with Government Code Section 65583.2(c). This by-right (without discretionary review) requirement is only for housing developments in which at least 20 percent of the units are affordable to lower-income households. While all of these sites are either zoned MUR or RMH, which already permits multifamily uses by-right, this program will ensure that these sites will continue to comply with Assembly Bill (AB) 1397.

The application of the requirement should not be used to further constrain the development of housing.”
Proposed Changes

1. Program B
Below are the proposed changes to the Planning Regulations as described in Program B which will eliminate the need for a Public Meeting to determine if the case warrants an Appeal Hearing.
• Section 9-7.1404 will be amended to confirm that appeals of Planning and Building Director (i.e. Community Development Director) decisions to the Planning Commission go directly to an appeal hearing, removing the step of considering whether an appeal should go to a hearing.
• Section 9-7.1405 will be amended so that appeals of Planning Commission decisions to the City Council go directly to an appeal hearing, removing the step of considering whether an appeal should go to a hearing.

Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 7, 2026

2. Program HH
Below are the proposed changes to the Planning Regulations as described in Program HH which will ease the process for entitling a Childcare/Day Care Center and ensuring that childcare facilities are permitted near schools and employment centers. • Table 9-3.202 will be amended to remove the “X” prohibiting Day Care Centers in the RM zone and changing it to require a minor conditional use permit (CM); and where all other zones (RMH, RH, MUR, MURS, OT, OT/DH, and INL) require a conditional use permit (C), amending to require a minor conditional use permit (CM).
• Section 9-3.302 will be amended to remove the Day Care Centers use classification from the list of uses that “are only allowed on the ground floor in the residential zones.”

3. Program KK
Below are the proposed changes to the Planning Regulations as described in Program KK which will comply with Assembly Bill (AB) 1397, the eight 2023-2031 Housing Element sites listed in Table 8-1 shall be allowed to be developed for residential use by-right, in accordance with Government Code Section 65583.2(c). This by-right (i.e. without discretionary review) requirement is only for housing developments in which at least 20 percent of the units are affordable to lower-income households. • Section 9-5.215 will be added to the Planning Regulations: “Parcels Subject to Government Code Section 65583.2(i). Residential projects located on sites that are nonvacant and were identified in the previous planning period (5th cycle) or vacant and identified in two or more previous consecutive planning periods (4th and 5th cycles) and meeting the current lower income RHNA, as listed in Table 8- 1: Assessors Parcels Numbers Subject to AB 1397, of the 2023-2031 Housing Element, providing appropriate densities, and incorporate a minimum of 20 percent of the units in the development as affordable to lower income households shall be permitted pursuant to Government Code Section 65583.2(i).” The changes outlined above are all reflected in the attached Ordinance.

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.

Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 7, 2026

STAFF COMMUNICATION WITH THE PUBLIC
On February 26, 2026, the Planning Commission held a public hearing on the proposed amendments to the Planning Regulations. There was one public comment in support of the proposed changes for Program HH (easing the process for entitling a Childcare/Day Care Center) and the Commissioners present unanimously recommended the City Council approve the proposed Ordinance.

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. ▪ Adopt the first reading of 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 PROGRAMS B, HH, AND KK OF THE APPROVED 2023-2031 HOUSING ELEMENT (CEQA DETERMINATION: THE ORDINANCE IS WITHIN THE SCOPE OF

THE ACTIVITIES ANALYZED IN THE ADDENDUM TO THE GENERAL PLAN EIR ADOPTED FOR THE 2023-2031 HOUSING ELEMENT PURSUANT TO CEQA GUIDELINES SECTIONS 15162 AND 15164 AND NO FURTHER ENVIRONMENTAL REIVEW IS REQUIRED; AND THE ORDINANCE IS ALSO EXEMPT FROM CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.085 BECAUSE IT

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, Programs B, HH, and KK are three of several steps required to implement the Housing Element; and
WHEREAS, Program B states that “The City will enact the following streamlined processes to accelerate the production of housing” including “…investigate the ability to eliminate the need for a Public Meeting to determine if the case warrants an Appeal Hearing”” and
WHEREAS, Program HH states that “The City will… Review the Planning Regulations to ease the process for entitling a Childcare/Day Care Center and ensuring that childcare facilities are permitted near schools and employment centers;” and WHEREAS, Program KK states that “To comply with Assembly Bill (AB) 1397, the eight 2023-2031 Housing Element sites listed in Table 8-1 shall be allowed to be developed for residential use by-right, in accordance with Government Code Section 65583.2(c);” and WHEREAS, the following ordinance addresses all components of Programs HH and KK of the Housing Element (2023 to 2031) that require amendments to Title 9 of the Emeryville Municipal Code, and all components of Program B requiring amendments to Title 9 of the Emeryville Municipal Code except those requiring a General Plan amendment; and
Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 7, 2026

WHEREAS, on February 26, 2026 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 Programs B, HH, and KK of the Housing Element.

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 H-5 “Address Constraints: Reduce or remove governmental and nongovernmental constraints to development, improvement, and maintenance of housing, where feasible” and the following Housing Element Goals and Policies:

Policy H-5-2 Monitor State and federal housing-related legislation, and update City plans, ordinances, and processes as appropriate to remove or reduce governmental constraints.

Policy T-P-67 The City supports and encourages conveniently located child care services with flexible hours.

PP-G-9 Accessible childcare—An adequate and diverse supply of childcare facilities that are affordable and accessible for families, and provide safe, educational, and high-quality services for children.

The proposed amendments reduce governmental constraints by allowing residential use by-right for the eight 2023-2031 Housing Element sites listed in Table 8-1 in accordance with Government Code Section 65583.2(c) (Program KK); streamlining the process to accelerate the production of housing by simplifying the appeals process (Program B); and ease the process for entitling Childcare/Day Care Centers (Program HH). Additionally, Program KK updates City ordinances in response to State legislation (Policy H-5-2); and Program HH is consistent with General Plan policies T-P-67 and PP-G-9.

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 7, 2026

(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 Programs B, HH, and KK in the Housing Element which are designed to help accelerate the production of housing and facilitate the location of Childcare/Day Care Centers in Emeryville. (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.

SECTION THREE. AMENDING SECTION 9-7.1404(b), “PLANNING
COMMISSION ACTION” TO TITLE 9 (PLANNING REGULATIONS) TO THE

EMERYVILLE MUNICIPAL CODE
Section 9-7,1404(b) “Planning Commission Action” is hereby amended as follows (text that is marked with strikethrough is removed):
9-7.1404(b) Planning Commission Action. The Planning Commission shall review the appeal, the record, and any written correspondence submitted after the appeal has been filed, and shall either:
▪ Affirm the decision of the Director and dismiss the appeal based on a determination that the facts ascertainable from the record do not warrant further hearing; ▪ Set a date for a public hearing on the appeal; or
▪ Remand the matter to the Director to cure a deficiency in the record or the proceedings.

SECTION FOUR. AMENDING SECTION 9-7.1404(c), “PUBLIC NOTICE” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 7, 2026

Section 9-7.1404(c), “Public Notice”, is hereby amended as follows (text that is marked with strikethrough is removed):
9-7.1404(c) Public Notice. If the Commission votes to conduct a public hearing, notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures.

Notice shall also be provided to all persons who spoke on the matter at any prior hearings or submitted written comments only if they provided their names and addresses at the time they spoke at the prior hearing.

SECTION FIVE. AMENDING SECTION 9-7.1404(d), “PLANNING COMMISSION ACTION ON APPEAL” IN TITLE 9 (PLANNING REGULATIONS) OF THE

EMERYVILLE MUNICIPAL CODE
Section 9-7.1404(d), “Planning Commission Action on Appeal”, is hereby amended as follows (text that is underlined is added and text that is marked with strikethrough is removed):
9-7.1404(d)(b) Planning Commission Action on Appeal. Within thirty (30) days after closing the public hearing, tThe Commission shall either:
(1) Continue the hearing and request a supplemental report from the Director, in which event the Commission may extend the time for rendering the decision an additional thirty (30) days;
(2)(1) Approve the Director's action upon finding that all applicable findings have been correctly made and all provisions of this title have been complied with; (3)(2) Approve the Director's action but impose additional conditions and/or guarantees as it deems necessary to fulfill the purposes of this title; or (4)(3) Disapprove the Director's action upon finding that all applicable findings have not been made or all provisions of this title have not been complied with.

SECTION SIX. AMENDING SECTION 9-7.1404(e), “MAJORITY VOTE REQUIRED” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE

MUNICIPAL CODE
Section 9-7.1404(e), “Majority Vote Required”, is hereby amended as follows (text that is underlined is added and text that is marked with strikethrough is removed):
9-7.1404(e)(c) Majority Vote Required. An action to grant an appeal shall require a majority vote of Planning Commission members present and voting. A tie vote shall have the effect of rejecting the appeal.

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 7, 2026

SECTION SEVEN. AMENDING SECTION 9-7.1404(f), “COMMISSION DECISION IS FINAL” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE

MUNICIPAL CODE
Section 9-7.1404(f), “Commission Decision is Final”, is hereby amended as follows (text that is underlined is added and text that is marked with strikethrough is removed):
9-7.1404(f)(d) Commission's Decision Is Final. The decision of the Planning Commission is final and may not be appealed to the City Council.

SECTION EIGHT. ADDING SECTION 9-7.1404(e) “PUBLIC NOTICE” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE Section 9-7.1404(e), “Public Notice”, is hereby added as follows (text that is underlined is added):
9-7.1404(e) Public Notice. Notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures. Notice shall also be provided to all persons who spoke on the matter at any prior hearings or submitted written comments if they provided their names and addresses at the time they spoke at the prior hearing.

SECTION NINE. AMENDING SECTION 9-7.1405(b) “CITY COUNCIL ACTION ON APPEAL” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE

MUNICIPAL CODE
Section 9-7.1405(b), “Public Notice”, is hereby amended as follows (text that is marked with strikethrough is removed):
9-7.1405(b) City Council Action on Appeal. The Council shall review the appeal, the record, and any written correspondence submitted after the appeal has been filed, and shall either:
▪ Affirm the decision of the Commission and dismiss the appeal based on a determination that the facts ascertainable from the record do not warrant further hearing;
▪ Set a date for a public hearing on the appeal; or
▪ Remand the matter to the Commission to reconsider the application, identifying the issues that the Commission is directed to consider and specifying whether or not the Commission shall hold a new public hearing.

SECTION TEN. AMENDING SECTION 9-7.1405(c) “PUBLIC NOTICE” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 7, 2026

Section 9-7.1405(c), “Public Notice”, is hereby amended as follows (text that is marked with strikethrough is removed):
9-7.1405(c) Public Notice. If the Council votes to conduct a public hearing, notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures. Notice shall also be provided to all persons who spoke on the matter at any prior hearings or submitted written comments only if they provided their names and addresses at the time they spoke at the prior hearing. In addition, the Planning Commission may be represented at the hearing.

SECTION ELEVEN. AMENDING SECTION 9-7.1405(d) “CITY COUNCIL ACTION ON APPEAL” IN TITLE 9 (PLANNING REGULATIONS) OF THE

EMERYVILLE MUNICIPAL CODE
Section 9-7.1405(d), “City Council Action on Appeal”, is hereby amended as follows (text that is underlined is added and text that is marked with strikethrough is removed):
9-7.1405(d)(b) City Council Action on Appeal. Within sixty (60) days after closing the public hearing, tThe City Council shall either:
(1) Continue the hearing and request a supplemental report from the Planning Commission, in which event the Council may extend the time for rendering the decision an additional thirty (30) days;
(2)(1) Approve the Commission's action upon finding that all applicable findings have been correctly made and all provisions of this title have been complied with; (3)(2) Approve the Commission's action but impose additional conditions and/or guarantees as it deems necessary to fulfill the purposes of this title; or (4)(3) Disapprove the Commission's action upon finding that all applicable findings have not been made or all provisions of this title have not been complied with.

SECTION TWELVE. AMENDING SECTION 9-7.1405(e) “MAJORITY VOTE REQUIRED” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE

MUNICIPAL CODE
Section 9-7.1405(e) “Majority Vote Required”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-7.1405(e)(c) Majority Vote Required. An action to grant an appeal shall require a majority vote of City Council members present and voting. A tie vote shall have the effect of rejecting the appeal.

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 7, 2026

SECTION THIRTEEN. ADDING SECTION 9-7.1405(d) “PUBLIC NOTICE” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE Section 9-7.1405(d), “Public Notice”, is hereby added as follows (text that is underlined is added):
9-7.1405(d) Public Notice. Notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures. Notice shall also be provided to all persons who spoke on the matter at any prior hearings or submitted written comments only if they provided their names and addresses at the time they spoke at the prior hearing. In addition, the Planning Commission may be represented at the hearing.

SECTION FOURTEEN. AMENDING TABLE 9-3.202 “USES PERMITTED, 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 as to the row governing Day Care Centers only with the rest of the table remaining the same (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 Commercial
and
Institutional
Day
Care Centers
XCM C1CM C1CM CCM CCM P CCM CCM CCM X P X X X X
SECTION FIFTEEN. ADDING SECTION 9-5.215 “PARCELS SUBJECT TO GOVERNMENT CODE SECTION 65583.2(i)” IN TITLE 9 (PLANNING

REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE
Section 9-5.215, “Parcels Subject to Government Code Section 65583.2(i)”, is hereby added as follows (text that is underlined is added):

Section 9-5.215 Parcels Subject to Government Code Section 65583.2(i).

Residential projects located on sites that are nonvacant and were identified in the previous Housing Element cycle or vacant and identified in two or more previous Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 7, 2026

consecutive Housing Element cycles and meeting the current lower income RHNA, as listed in Table 8-1: Assessors Parcels Numbers Subject to AB 1397, of the 2023-2031 Housing Element, providing appropriate densities, and incorporate a minimum of 20 percent of the units in the development as affordable to lower income households shall be permitted pursuant to Government Code Section 65583.2(i).

SECTION SIXTEEN. 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 SEVENTEEN. CALIFORNIA ENVIRONMENTAL QUALITY ACT

DETERMINATION
This ordinance does not require further review under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15162 and 15164, as 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 Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080.085 because they implement the schedule of actions in an approved Housing Element.

SECTION EIGHTEEN. 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 NINETEEN. CODIFICATION
Sections Three, Four, Five, Six, Seven, Eight, Nine, Ten, Eleven, Twelve, Thirteen, Fourteen and Fifteen of this Ordinance shall be codified in the Emeryville Municipal Code. Sections One, Two, Sixteen, Seventeen, Eighteen and Nineteen shall NOT be so codified.

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 7, 2026

This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held April 7, 2026, and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, April 21, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY
ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE TO IMPLEMENT PROGRAMS B, HH, AND KK OF THE APPROVED 2023-2031 HOUSING ELEMENT (CEQA DETERMINATION: THE ORDINANCE IS WITHIN THE SCOPE OF

THE ACTIVITIES ANALYZED IN THE ADDENDUM TO THE GENERAL PLAN EIR ADOPTED FOR THE 2023-2031 HOUSING ELEMENT PURSUANT TO CEQA GUIDELINES SECTIONS 15162 AND 15164 AND NO FURTHER ENVIRONMENTAL REIVEW IS REQUIRED; AND THE ORDINANCE IS ALSO EXEMPT FROM CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.085 BECAUSE IT

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, Programs B, HH, and KK are three of several steps required to implement the Housing Element; and
WHEREAS, Program B states that “The City will enact the following streamlined processes to accelerate the production of housing” including “…investigate the ability to eliminate the need for a Public Meeting to determine if the case warrants an Appeal Hearing”; and
WHEREAS, Program HH states that “The City will… Review the Planning Regulations to ease the process for entitling a Childcare/Day Care Center and ensuring that childcare facilities are permitted near schools and employment centers; and WHEREAS, Program KK states that “To comply with Assembly Bill (AB) 1397, the eight 2023-2031 Housing Element sites listed in Table 8-1 shall be allowed to be developed for residential use by-right, in accordance with Government Code Section 65583.2(c)”; and WHEREAS, the following ordinance addresses all components of Programs HH and KK of the Housing Element (2023 to 2031) that require amendments to Title 9 of the Emeryville Municipal Code, and all components of Program B requiring amendments to Title 9 of the Emeryville Municipal Code except those requiring a General Plan amendment; and
WHEREAS, on February 26, 2026 the Planning Commission held a duly and properly noticed public hearing and recommended that the Council adopt the ordinance; Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 21, 2026

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 Programs B, HH, and KK of the Housing Element.

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 H-5 “Address Constraints: Reduce or remove governmental and nongovernmental constraints to development, improvement, and maintenance of housing, where feasible” and the following Housing Element Goals and Policies:

Policy H-5-2 Monitor State and federal housing-related legislation, and update City plans, ordinances, and processes as appropriate to remove or reduce governmental constraints.

Policy T-P-67 The City supports and encourages conveniently located child care services with flexible hours.

PP-G-9 Accessible childcare—An adequate and diverse supply of childcare facilities that are affordable and accessible for families, and provide safe, educational, and high-quality services for children.

The proposed amendments reduce governmental constraints by allowing residential use by-right for the eight 2023-2031 Housing Element sites listed in Table 8-1 in accordance with Government Code Section 65583.2(c) (Program KK); streamlining the process to accelerate the production of housing by simplifying the appeals process (Program B); and ease the process for entitling Childcare/Day Care Centers (Program HH). Additionally, Program KK updates City ordinances in response to State legislation (Policy H-5-2); and Program HH is consistent with General Plan policies T-P-67 and PP-G-9.
(b) The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 21, 2026

The proposed amendments are necessary for the public’s health, safety and welfare because they facilitate the implementation of Programs B, HH, and KK in the Housing Element which are designed to help accelerate the production of housing and facilitate the location of Childcare/Day Care Centers in Emeryville. (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.

SECTION THREE. AMENDING SECTION 9-7.1404(b), “PLANNING
COMMISSION ACTION” TO TITLE 9 (PLANNING REGULATIONS) TO THE

EMERYVILLE MUNICIPAL CODE
Section 9-7,1404(b) “Planning Commission Action” is hereby amended as follows (text that is marked with strikethrough is removed):
9-7.1404(b) Planning Commission Action. The Planning Commission shall review the appeal, the record, and any written correspondence submitted after the appeal has been filed, and shall either:
▪ Affirm the decision of the Director and dismiss the appeal based on a determination that the facts ascertainable from the record do not warrant further hearing; ▪ Set a date for a public hearing on the appeal; or
▪ Remand the matter to the Director to cure a deficiency in the record or the proceedings.

SECTION FOUR. AMENDING SECTION 9-7.1404(c), “PUBLIC NOTICE” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE Section 9-7.1404(c), “Public Notice”, is hereby amended as follows (text that is marked with strikethrough is removed):

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 21, 2026

9-7.1404(c) Public Notice. If the Commission votes to conduct a public hearing, notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures.

Notice shall also be provided to all persons who spoke on the matter at any prior hearings or submitted written comments only if they provided their names and addresses at the time they spoke at the prior hearing.

SECTION FIVE. AMENDING SECTION 9-7.1404(d), “PLANNING COMMISSION ACTION ON APPEAL” IN TITLE 9 (PLANNING REGULATIONS) OF THE

EMERYVILLE MUNICIPAL CODE
Section 9-7.1404(d), “Planning Commission Action on Appeal”, is hereby amended as follows (text that is underlined is added and text that is marked with strikethrough is removed):
9-7.1404(d)(b) Planning Commission Action on Appeal. Within thirty (30) days after closing the public hearing, tThe Commission shall either:
(1) Continue the hearing and request a supplemental report from the Director, in which event the Commission may extend the time for rendering the decision an additional thirty (30) days;
(2)(1) Approve the Director's action upon finding that all applicable findings have been correctly made and all provisions of this title have been complied with; (3)(2) Approve the Director's action but impose additional conditions and/or guarantees as it deems necessary to fulfill the purposes of this title; or (4)(3) Disapprove the Director's action upon finding that all applicable findings have not been made or all provisions of this title have not been complied with.

SECTION SIX. AMENDING SECTION 9-7.1404(e), “MAJORITY VOTE REQUIRED” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE

MUNICIPAL CODE
Section 9-7.1404(e), “Majority Vote Required”, is hereby amended as follows (text that is underlined is added and text that is marked with strikethrough is removed):
9-7.1404(e)(c) Majority Vote Required. An action to grant an appeal shall require a majority vote of Planning Commission members present and voting. A tie vote shall have the effect of rejecting the appeal.

SECTION SEVEN. AMENDING SECTION 9-7.1404(f), “COMMISSION DECISION IS FINAL” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE
Section 9-7.1404(f), “Commission Decision is Final”, is hereby amended as follows (text that is underlined is added and text that is marked with strikethrough is removed):

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 21, 2026

9-7.1404(f)(d) Commission's Decision Is Final. The decision of the Planning Commission is final and may not be appealed to the City Council.

SECTION EIGHT. ADDING SECTION 9-7.1404(e) “PUBLIC NOTICE” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE Section 9-7.1404(e), “Public Notice”, is hereby added as follows (text that is underlined is added):
9-7.1404(e) Public Notice. Notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures. Notice shall also be provided to all persons who spoke on the matter at any prior hearings or submitted written comments if they provided their names and addresses at the time they spoke at the prior hearing.

SECTION NINE. AMENDING SECTION 9-7.1405(b) “CITY COUNCIL ACTION ON APPEAL” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE

MUNICIPAL CODE
Section 9-7.1405(b), “Public Notice”, is hereby amended as follows (text that is marked with strikethrough is removed):
9-7.1405(b) City Council Action on Appeal. The Council shall review the appeal, the record, and any written correspondence submitted after the appeal has been filed, and shall either:
▪ Affirm the decision of the Commission and dismiss the appeal based on a determination that the facts ascertainable from the record do not warrant further hearing;
▪ Set a date for a public hearing on the appeal; or
▪ Remand the matter to the Commission to reconsider the application, identifying the issues that the Commission is directed to consider and specifying whether or not the Commission shall hold a new public hearing.

SECTION TEN. AMENDING SECTION 9-7.1405(c) “PUBLIC NOTICE” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE Section 9-7.1405(c), “Public Notice”, is hereby amended as follows (text that is marked with strikethrough is removed):
9-7.1405(c) Public Notice. If the Council votes to conduct a public hearing, notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures. Notice shall also be provided to all persons who spoke on the matter at any prior hearings or Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 21, 2026

submitted written comments only if they provided their names and addresses at the time they spoke at the prior hearing. In addition, the Planning Commission may be represented at the hearing.

SECTION ELEVEN. AMENDING SECTION 9-7.1405(d) “CITY COUNCIL ACTION ON APPEAL” IN TITLE 9 (PLANNING REGULATIONS) OF THE

EMERYVILLE MUNICIPAL CODE
Section 9-7.1405(d), “City Council Action on Appeal”, is hereby amended as follows (text that is underlined is added and text that is marked with strikethrough is removed):
9-7.1405(d)(b) City Council Action on Appeal. Within sixty (60) days after closing the public hearing, tThe City Council shall either:
(1) Continue the hearing and request a supplemental report from the Planning Commission, in which event the Council may extend the time for rendering the decision an additional thirty (30) days;
(2)(1) Approve the Commission's action upon finding that all applicable findings have been correctly made and all provisions of this title have been complied with; (3)(2) Approve the Commission's action but impose additional conditions and/or guarantees as it deems necessary to fulfill the purposes of this title; or (4)(3) Disapprove the Commission's action upon finding that all applicable findings have not been made or all provisions of this title have not been complied with.

SECTION TWELVE. AMENDING SECTION 9-7.1405(e) “MAJORITY VOTE REQUIRED” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE

MUNICIPAL CODE
Section 9-7.1405(e) “Majority Vote Required”, is hereby amended as follows (text that is underlined is added and text marked with strikethrough is removed):
9-7.1405(e)(c) Majority Vote Required. An action to grant an appeal shall require a majority vote of City Council members present and voting. A tie vote shall have the effect of rejecting the appeal.

SECTION THIRTEEN. ADDING SECTION 9-7.1405(d) “PUBLIC NOTICE” IN TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE Section 9-7.1405(d), “Public Notice”, is hereby added as follows (text that is underlined is added):
9-7.1405(d) Public Notice. Notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures. Notice shall also be provided to all persons who spoke on Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 21, 2026

the matter at any prior hearings or submitted written comments only if they provided their names and addresses at the time they spoke at the prior hearing. In addition, the Planning Commission may be represented at the hearing.

SECTION FOURTEEN. AMENDING TABLE 9-3.202 “USES PERMITTED, 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 as to the row governing Day Care Centers only with the rest of the table remaining the same (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 Commercial
and
Institutional
Day
Care Centers
XCM C1CM C1CM CCM CCM P CCM CCM CCM X P X X X X
SECTION FIFTEEN. ADDING SECTION 9-5.215 “PARCELS SUBJECT TO GOVERNMENT CODE SECTION 65583.2(i)” IN TITLE 9 (PLANNING

REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE
Section 9-5.215, “Parcels Subject to Government Code Section 65583.2(i)”, is hereby added as follows (text that is underlined is added):

Section 9-5.215 Parcels Subject to Government Code Section 65583.2(i).

Residential projects located on sites that are nonvacant and were identified in the previous Housing Element cycle or vacant and identified in two or more previous consecutive Housing Element cycles and meeting the current lower income RHNA, as listed in Table 8-1: Assessors Parcels Numbers Subject to AB 1397, of the 2023-2031 Housing Element, providing appropriate densities, and incorporate a minimum of 20 percent of the units in the development as affordable to lower income households shall be permitted pursuant to Government Code Section 65583.2(i).

SECTION SIXTEEN. 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, Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 21, 2026

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 SEVENTEEN. CALIFORNIA ENVIRONMENTAL QUALITY ACT

DETERMINATION
This ordinance does not require further review under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15162 and 15164, as 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 Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080.085 because they implement the schedule of actions in an approved Housing Element.

SECTION EIGHTEEN. 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 NINETEEN. CODIFICATION
Sections Three, Four, Five, Six, Seven, Eight, Nine, Ten, Eleven, Twelve, Thirteen, Fourteen and Fifteen of this Ordinance shall be codified in the Emeryville Municipal Code. Sections One, Two, Sixteen, Seventeen, Eighteen and Nineteen shall NOT be so codified.

Ordinance No. _____
Amending Title 9 (Planning Regulations) To Implement Programs B, HH, and KK City Council Meeting | April 21, 2026

This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held April 7, 2026 and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held April 21, 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: April 21, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Mohamed Alaoui, Public Works Director
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING SECTION 4-

9.39(F) ("SPEED LIMITS") IN CHAPTER 9 ("VEHICULAR TRAFFIC AND PARKING") OF TITLE 4 OF THE EMERYVILLE MUNICIPAL CODE
CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA
GUIDELINES SECTION 15061(B)(3)

RECOMMENDATION
Staff recommends that the City Council approve an engineering and traffic survey for speed limits and approve the second reading and adopt the attached Ordinance amending the Public Safety Regulations in Title 4 of the Emeryville Municipal Code to designate speed limits for twenty street segments.

DISCUSSION
The City Council adopted the first reading of the Ordinance on April 7, 2026, with one amendment, which was to remove the speed limit on the Emeryville Greenway from the proposed speed limit changes. The staff report for the April 7, 2026 meeting, which provides a detailed explanation of the proposed Ordinance, is attached for reference (see Attachment A).

PREPARED BY: Phillip Toste, Associate Civil Engineer, Public Works Department

ATTACHMENTS
▪ Attachment 1 – Staff Report from April 7, 2026
▪ Ordinance Amending Title 4 of the Emeryville Municipal Code City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: April 7, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Mohamed Alaoui, Public Works Director
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING SECTION 4-9.39(F) ("SPEED LIMITS") IN CHAPTER 9 ("VEHICULAR TRAFFIC AND PARKING") OF TITLE 4 OF

THE EMERYVILLE MUNICIPAL CODE
CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA
GUIDELINES SECTION 15061(B)(3)

RECOMMENDATION
Staff recommends that the City Council approve an engineering and traffic survey for speed limits and adopt the first reading of the attached ordinance amending the Public Safety Regulations in Title 4 of the Emeryville Municipal Code to designate speed limits for twenty street segments.

BACKGROUND
The US Department of Transportation’s Safe Systems Approach aims to prevent serious injuries and fatalities on roads across the country. One of the elements of this approach is “Safer Speeds”, which recognizes that lowering speed limits is a key strategy within this framework, as reduced speeds both decrease the likelihood of collisions and significantly lessen their severity when they do occur. A driver traveling at 30 mph who hits a pedestrian has a 45 percent chance of killing or seriously injuring them, but at 20 mph, that percentage drops to five percent. Local jurisdictions can create a more forgiving transportation system that prioritizes safety for all users, particularly those most vulnerable.

Engineering and Traffic Surveys (E&TS) are regularly conducted once every five (5) years by governing municipalities to ensure set speed limits do not constitute unlawful speed traps pursuant to Section 40802(a) of the California Vehicle Code (CVC). E&TS may be extended to every seven (7) years if criteria are met, or every ten (10) years if a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred as specified in Section 40802(c) of the CVC.

The CVC authorizes cities to increase or decrease the prima facie speed limits by ordinance to appropriate limits as determined by an E&TS. Posted speed limits not defined in the CVC or established by ordinance are not valid. The CVC requires that speed surveys must be performed with the use of radar or other electronic devices at locations where speed limits are to be enforced with the use of radar. The current Approving Engineering & Traffic Survey and Designate Speed Limits - 2026 City Council Meeting | April 7, 2026

survey must be completed within five years as specified in Section 40802(a); seven years as specified in Section 40802(c); or fourteen years as specified in Section 40802(c), of the date of the preceding survey.

Speed zones are primarily established to protect the public from the unreasonable behavior of reckless, unreliable, or otherwise dangerous drivers. Speed limits are generally established at or near the 85th percentile speed, which is defined as the speed at or below which 85 percent of traffic is moving. Speed limits established on this basis conform to the consensus of those who drive on the roadways as to what speed is reasonable and safe and are not dependent on the judgment of one or a few individuals.

The E&TS, as defined in Section 627 of the CVC, must consider the prevailing speeds, collision records, pedestrian and bicycle activity, and roadway traffic and roadside conditions not readily apparent to the driver.

Assembly Bill 43 – New Speed Limit Regulations
In 2021, California passed Assembly Bill 43 (AB 43), which introduced significant changes to how speed limits are set. This bill gives local authorities more flexibility in setting speed limits below the 85th percentile in areas with high pedestrian and bicycle traffic, schools, senior centers, parks, and other areas where vulnerable road users are present. Specifically, AB 43 permits local authorities to lower speed limits by up to five mph below the 85th percentile without needing to justify this reduction with additional engineering analysis, provided certain conditions are met. This legislative change, which went into full effect July 1, 2024, aims to enhance safety for all road users by considering factors beyond just vehicle speed in determining speed limits.

DISCUSSION
Streets adjacent to land uses that generate higher levels of pedestrian and bicycle activity like schools, parks, and senior facilities, as well as streets with bikeways will be designated with speed limits of 15 mph to better protect vulnerable users and reflect the increased potential for conflicts. In addition, neighborhood streets which serve local access and residential uses, will generally have speed limits of 20 mph to support a safer, more livable environment consistent with surrounding land uses and roadway function.

In 2025, the Public Works Department authorized the traffic engineering consulting firm Iteris, Inc. to conduct an E&TS to establish and enforce speed limits for selected streets within the City of Emeryville. The procedures for the E&TS are outlined in the California MUTCD and incorporate the new provisions under AB 43. The Local Roadway Safety Plan (LRSP) adopted by City Council in July 2025, identified six roadway segments that were eligible for AB 43 speed limit reductions pending this new E&TS study.

The E&TS was completed in fall 2025, and the recommendations in the report are intended to establish prima facie speed limits. Prima facie limits advise motorists of the reasonable speed for a specific section of roadway given the prevailing conditions. The summary of the E&TS was presented to the Transportation and Sustainability Committee on February 10, 2026 and March 10, 2026, and to the Bicycle/Pedestrian Advisory Committee on April 6, 2026. Proposed changes in speed limits for street Approving Engineering & Traffic Survey and Designate Speed Limits - 2026 City Council Meeting | April 7, 2026

segments were recommended based on new traffic patterns, increased pedestrian and bicycle activity, and other relevant factors considered under the latest AB 43 guidelines.

As a result, the following streets were recommended for reduction to 15 mph:
• 62nd Street
• 61st Street
• Stanford Avenue
• 47th Street/Steve Dain Drive
• 45th Street
• Overland Avenue
• Doyle Street
The following streets were recommended for reduction to 20 mph:
• 67th Street
• 66th Street
• 59th Street
• Halleck Street
• Shellmound Street
• Peladeau Street
• Hollis Street
• Beaudry Street
• Vallejo Street
• Adeline Street
Powell Street has been recommended to be reduced from 30 mph to 25 mph, and Emery Street has no speed reduction proposed. No street segments were proposed for raising the speed limit. A new speed limit has been proposed for the Emeryville Greenway of 12 mph. The Transportation and Sustainability Committee has approved of this speed limit and forwarded the discussion on trail etiquette signage to the City’s Bicycle/Pedestrian Advisory Committee.

Summary of Recommendations for 2025 Surveyed Segments

1. 67th Street (Shellmound Street to Emeryville Greenway) ▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 20 mph
• Justification: Five mph speed reduction per CVC Section 22358.6(b).

2. 66th Street (Western Limit to Emeryville Greenway)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 20 mph
• Justification: Five mph speed reduction per CVC Section 22358.6(b).

Approving Engineering & Traffic Survey and Designate Speed Limits - 2026 City Council Meeting | April 7, 2026

3. 62nd Street (Overland Avenue to Vallejo Street)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 15 mph
• Justification: Ten mph speed reduction per CVC Section 22358.6(c) and Section 22358.7(b)(2).

4. 61st Street (Hollis Street to Vallejo Street)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 15 mph
• Justification: Ten mph speed reduction per CVC Section 22358.6(c) and Section 22358.7(b)(2).

5. 59th Street (Horton Street to Vallejo Street)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 15 mph
• Justification: Ten mph speed reduction per CVC Section 22358.6(b) and Section 22358.7(b)(2).

6. Powell Street (Emery Cove Yacht Harbor to I-80 Frontage Road) ▪ Existing Speed Limit: 30 mph
▪ Recommended Speed Limit: 25 mph
• Justification: Five mph speed reduction per CVC Section 22358.6(c) and Section 22358.7(b)(2).

7. Stanford Avenue (Horton Street to Vallejo Street)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 15 mph
• Justification: Ten mph speed reduction per CVC Section 22358.6(b) and Section 22358.7(b)(2).

8. 47th Street/Steve Dain Drive (Doyle Street to Adeline Street) ▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 15 mph
• Justification: Ten mph speed reduction per CVC Section 22358.6(b) and Section 22358.7(b)(2).

9. 45th Street (Horton Street to Adeline Street)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 15 mph
• Justification: Ten mph speed reduction per CVC Section 22358.6(c).

10.Halleck Street (Sherwin Avenue to Beach Street)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 20 mph
• Justification: Five mph speed reduction per CVC Section 22358.6(c).

11.Shellmound Street (67th Street to Christie Avenue)
▪ Existing Speed Limit: 25 mph
Approving Engineering & Traffic Survey and Designate Speed Limits - 2026 City Council Meeting | April 7, 2026

▪ Recommended Speed Limit: 20 mph
• Justification: Five mph speed reduction per CVC Section 22358.6(c).

12.Overland Avenue (65th Street to 62nd Street)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 15 mph
• Justification: Ten mph speed reduction per CVC Section 22358.6(b).

13.Peladeau Street (59th Street to Stanford Avenue)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 20 mph
• Justification: Five mph speed reduction per CVC Section 22358.6(c).

14.Hollis Street (Powell Street to Yerba Buena Avenue)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 20 mph
• Justification: Five mph speed reduction per CVC Section 22358.6(c) and Section 22358.7(b)(2).

15.Doyle Street (Ocean Avenue to 62nd Street)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 15 mph
• Justification: Ten mph speed reduction per CVC Section 22358.6(c) and Section 22358.7(b)(2).

16.Doyle Street (61st Street to 55th Street)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 15 mph
• Justification: Ten mph speed reduction per CVC Section 22358.6(c) and Section 22358.7(b)(2).

17.Beaudry Street (59th Street to 55th Street)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 20 mph
• Justification: Five mph speed reduction per CVC Section 22358.6(b).

18.Vallejo Street (66th Street to 55th Street)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 20 mph
• Justification: Five mph speed reduction per CVC Section 22358.6(b).

19.Emery Street (Park Avenue to Peralta Street)
▪ Existing Speed Limit: 25 mph
▪ Recommended Speed Limit: 25 mph
• Justification: No speed reduction recommended.

20.Adeline Street (47th Street to 36th Street)
▪ Existing Speed Limit: 30 mph
Approving Engineering & Traffic Survey and Designate Speed Limits - 2026 City Council Meeting | April 7, 2026

▪ Recommended Speed Limit: 20 mph
• Justification: Ten mph speed reduction per CVC Section 22358.6(b) and Section 22358.7(b)(2).

21.Emeryville Greenway (Ocean Avenue to North City Limits) ▪ Existing Speed Limit: None
▪ Recommended Speed Limit: 12 mph
• Justification: Establishment of a speed limit is aligned with peer agency practices for similar high-conflict, multi-use paths, balancing pedestrian safety, trail comfort and bicycle mobility.

A summary of the data analysis, along with recommended speed limits, can be found in Attachment A – Speed Survey Recommendations. The full report in its entirety can be found in Attachment B – City of Emeryville 2026 Engineering and Traffic Survey, Final Project Report, dated March 27, 2026.

FISCAL IMPACT
There will be minor cost increases to the 2026 Sustainable Streetscapes Paving Project in order to implement the signage changes to update old speed limit signs for the new speed limit signs citywide. The expected costs for this work are estimated to be under $10,000, for which the Public Works Operating Budget has adequate budget to complete.

STAFF COMMUNICATION WITH THE PUBLIC
City Staff has presented and discussed the Engineering and Traffic Survey with:

1. Transportation and Sustainability Committee on February 10, 2026

2. Transportation and Sustainability Committee on March 10, 2026

3. Bicycle/Pedestrian Advisory Committee on April 6, 2026.

CONFLICT OF INTEREST
None.

CONCLUSION
Staff recommends that the City Council take the following actions:

1. Take public testimony regarding the Ordinance.

2. Adopt the first reading of the Ordinance.

PREPARED BY: Phillip Toste, Associate Civil Engineer

ATTACHMENTS
▪ Attachment A – Speed Survey Recommendations
Approving Engineering & Traffic Survey and Designate Speed Limits - 2026 City Council Meeting | April 7, 2026

▪ Attachment B – City of Emeryville Engineering and Traffic Survey (Dated 3/27/2026)
▪ Draft Ordinance
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING SECTION 4-9.39(F) ("SPEED LIMITS") IN CHAPTER 9 ("VEHICULAR TRAFFIC AND PARKING") OF TITLE 4 OF THE EMERYVILLE MUNICIPAL CODE
CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, engineering and traffic surveys are regularly conducted once every five (5) years by governing municipalities for the purpose of ensuring enforcement of speed limits to ensure such limits set are not speed traps pursuant to Section 40802(a) of the California Vehicle Code (CVC); and
WHEREAS, engineering and traffic surveys supporting speed limits may be extended to every seven (7) years if criteria are met, or every fourteen (14) years if a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred as specified in Section 40802(c) of the CVC; and
WHEREAS, the CVC Section 22357 authorizes cities to increase speed limits above 25 miles per hour by ordinance to appropriate limits as determined by an engineering and traffic survey; and
WHEREAS, this Ordinance is adopted pursuant to the City’s police powers and afforded under the State Constitution and state law to protect the health, safety, and welfare of the public, and is based upon the Engineering and Traffic Survey dated March 27, 2026, prepared by Iteris, Inc. for the City of Emeryville and Table 4.1 and Table 4.2 dated March 27, 2026, prepared by Iteris, Inc. for the City of Emeryville;

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

SECTION ONE. AMENDING SECTION 4-9.39(f) IN CHAPTER 9 OF TITLE 4 OF THE

EMERYVILLE MUNICIPAL CODE
Chapter 9 of Title 4 of the Emeryville Municipal Code, entitled “Vehicular Traffic and Parking”, is hereby amended to replace Section 4-9.39(f) with the following language:
4-9.39 Speed Limits.
(f) Speed Limits. When signs are erected giving notice thereof, the prima facie speed limit shall be as set forth in this Section upon the following streets or portions of streets:

Ordinance No. _____
Approving Engineering & Traffic Survey and Designate Speed Limits - 2026 City Council Meeting | April 21, 2026

Name of Street Portion of Street Affected
(limits thereof)
Prima Facie
Speed Limit
(mph)
40th Street East Abutment of 40th Street Bridge to
San Pablo Avenue
30 45th Street Horton Street to Adeline Street 15
47th Street/Steve Dain
Drive
Doyle Street to Adeline Street 15
53rd Street Horton Street to San Pablo Avenue 15
59th Street Horton Street to Vallejo Street 15
61st Street Hollis Street to Vallejo Street 15
62nd Street Overland Avenue to Vallejo Street 15
65th Street La Coste Street to Hollis Street 25
65th Street Hollis Street to Vallejo Street 20
66th Street Western Limit to Emeryville Greenway 20
67th Street Shellmound Street to E’ville Greenway 20
Adeline Street 47th Street to 36th Street 20
Beaudry Street 59th Street to 55th Street 20
Christie Avenue 65th Street to Powell Street 20
Christie Avenue Powell Street to Shellmound Street 25
Doyle Street Ocean Avenue to 62nd Street 15
Doyle Street 61st Street to 55th Street 15
Emery Street Park Avenue to Peralta Street 25
Frontage Road Powell Street to Point Emery Lane 25
Halleck Street Sherwin Avenue to Beach Street 20
Hollis Street 67th Street to Powell Street 25
Hollis Street Powell Street to Yerba Buena Street 20
Horton Street 62nd Street to 40th Street 15
La Coste Street 65th Street to 64th Street 25
Overland Avenue 65th Street to 62nd Street 15
Park Avenue Halleck Street to San Pablo Avenue 20
Peladeau Street 59th Street to Stanford Avenue 20
Powell Street I-80 Frontage Road to Vallejo Street 30
Powell Street Emery Cove Yacht Harbor to I-80
Frontage Road
25 Shellmound Street 67th Street to Christie Avenue 20
Shellmound Street Christie Avenue to East Abutment of
40th Street Bridge
30 Stanford Avenue Horton Street to Vallejo Street 15
Vallejo Street 66th Street to 55th Street 20
SECTION TWO. SEVERABILITY
Ordinance No. _____
Approving Engineering & Traffic Survey and Designate Speed Limits - 2026 City Council Meeting | April 21, 2026

Every section, paragraph, clause, and phrase of this Ordinance is hereby declared to be severable. If for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses or phrases.

SECTION THREE. CEQA DETERMINATION
This Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) under the “general rule” at Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment.

SECTION FOUR. CODIFICATION
Section One of this Ordinance shall be codified in the Emeryville Municipal Code.

Sections Two, Three, Four, and Five shall NOT be so codified.

SECTION FIVE. EFFECTIVE DATE AND POSTING
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 33693.

Ordinance No. _____
Approving Engineering & Traffic Survey and Designate Speed Limits - 2026 City Council Meeting | April 21, 2026

This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held Tuesday, April 7, 2026 and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, April 21, 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: April 21, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Chadrick Smalley, Community Development Director SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

ESTABLISHING UPDATED DEVELOPMENT IMPACT FEES FOR
FISCAL YEAR 2026-2027

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution establishing updated Development Impact Fees for Fiscal Year 2026-2027.

BACKGROUND
On July 15, 2014, the City Council adopted two ordinances amending the Emeryville Municipal Code (Ordinance Nos. 14-008 and 14-009) to enable Development Impact Fees for affordable housing, parks and recreation, and transportation, and adopted three resolutions establishing the fees. The fees were based on impact fee studies (“nexus studies”) that had been prepared for the City by various consultants. The impact fee studies identified the maximum fee, or cap, that could justifiably be imposed on new development. The City Council established the Affordable Housing Fee at $20,000 per unit for rental housing, or about 56% of the cap. The Parks and Recreation Impact Fee was set at 25% of the cap, and the Transportation Impact Fee was set at 20% of the cap.

The resolution adopting the Affordable Housing Impact Fee (Resolution No. 14-103) listed several land uses that are exempt from the fee and established the fee at $4.00 per square foot for all other non-residential land uses. The nexus studies for the Parks and Recreation Impact Fee and the Transportation Impact Fee listed the fee for many common land uses (Resolution Nos. 14-104 and 14-105). The adopting resolutions provided that land uses not included in the nexus studies shall have their fee determined by the Community Development Director using the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual and the same methodology as used in the nexus studies.

The resolutions also provided that “The City Council may review and amend the impact fees from time to time. For any annual period during which the City Council does not review the impact fees, fee amounts shall be adjusted once as of July 1st by the Community Development Director based on the percentage increase in the Engineering News-Record Construction Cost Index for San Francisco, California.” On June 2, 2015, the City Council adopted Resolution No.15-49 approving an annual Development Impact Fee Update Fiscal Year 2026-2027
City Council Meeting | April 21, 2026

increase of 2.46%, based on the increase in the Engineering News-Record Construction Cost Index for San Francisco (CCI) for April 2015 compared to that for April 2014. In adopting this resolution, the Council approved a table developed by staff that listed all three fees, and their totals, for every use classification included in the Planning Regulations. The table approved by the City Council included the Community Development Director’s interpretation of fees for a number of uses that were not listed in the nexus studies, as well as the Director’s interpretation that some uses should be exempt from the affordable housing impact fee or should have all of their impact fees set at zero.

On October 20, 2015, the City Council adopted Resolution No. 15-130, raising the Affordable Housing Impact Fee to $28,000 per unit for rental housing.

On June 21, 2016, the City Council adopted Resolution No. 16-88 approving an annual increase of 3.55%, based on the increase in the CCI for April 2016 compared to that for April 2015. The Affordable Housing Impact Fee of $28,000 per unit for rental residential projects was not increased because the City Council had already adjusted it (from $20,000 to $28,000) during the prior year.

On April 18, 2017, the City Council adopted Resolution No. 17-48 approving an annual increase of 0.44%, based on the increase in the CCI for March 2017 compared to that for April 2016.

On April 4, 2017, the City Council adopted Ordinance No. 17-002, effective May 4, 2017, which added two new use classifications to the Planning Regulations: Cannabis Sales and Cannabis Manufacturing. The land use and parking regulations for Cannabis Sales were based on those for Retail: Tobacco Shops, and those for Cannabis Manufacturing were based on those for Manufacturing: Pharmaceutical.

On April 17, 2018, the City Council adopted Resolution No. 18-41 approving an annual increase of 3.49%, based on the increase in the CCI for March 2018 compared to that for March 2017. The two new Cannabis-related use classifications were included in this fee update. The impact fees for Cannabis Sales would be the same as those for Retail:

Tobacco Shops, which falls under “Retail: All Other”, so no change to the table was necessary for this use. Cannabis Manufacturing was added to the Manufacturing section, with fees set the same as those of Pharmaceutical Manufacturing.

On April 16, 2019, the City Council adopted Resolution No. 19-39 approving an annual increase of 0.28%, based on the increase in the CCI for March 2019 compared to that for March 2018.

On April 21, 2020, the City Council adopted Resolution No. 20-35 approving an annual increase of 6.33%, based on the increase in the CCI for March 2020 compared to that for March 2019.

On April 20, 2021, the City Council adopted Resolution No. 21-31 approving an annual increase of 2.55%, based on the increase in the CCI for March 2021 compared to that for March 2020. The table of impact fees was modified from previous years to add Accessory Dwelling Units (including Junior ADUs) under Residential Use Types to make Development Impact Fee Update Fiscal Year 2026-2027
City Council Meeting | April 21, 2026

it explicit that ADUs are exempt from development impact fees, thereby memorializing the City’s past practice.

On April 19, 2022, the City Council adopted Resolution No. 22-40 approving an annual increase of 5.2%, based on the increase in the Consumer Price Index (CPI) for the San Francisco Bay Area for February 2022 compared to that for February 2021. The Council opted to use CPI instead of the CCI because the CCI increase that year was 15.15%, more than five times the annual average of the previous seven years. This was deemed excessive and an undue burden on the development community.

On April 18, 2023, the City Council adopted Resolution No. 23-46 approving an annual increase of 1.56%, based on the increase in the CCI for March 2023 compared to that for March 2022.

On April 16, 2024, the City Council adopted Resolution No. 24-42 approving an annual increase of 0.63%, based on the increase in CCI for March 2024 compared to that for March 2023.

On April 15, 2025, the City Council adopted Resolution No.25-32 approving an annual increase of 2.7%, based on the increase in Consumer Price Index (CPI) for the San Francisco Bay Area for February 2025 compared to that for February 2024. The Council opted to use CPI instead of the CCI because the CCI registered a decrease of 1.4% between March 2024 and March 2025.

DISCUSSION
The purpose of this item is for the City Council to review and approve the annual increase to the development impact fees based on the percentage increase in the CCI, as stipulated in the adopting resolutions. Because State law stipulates that fee increases for development projects shall take effect no sooner than 60 days after their adoption (California Government Code Section 66017), this item has been scheduled for the April 21, 2026 City Council meeting to allow 60 days to elapse before the effective date of July 1, 2026.

Comparing the CCI for March 2026 to that for March 2025 yields an annual increase of

0.50%. As stipulated by the adopting resolutions, the Development Impact Fees in the attached table have been increased by this amount to establish the fees for Fiscal Year 2026-2027.

Prior to adoption of the updated fees, the City Council must hold at least one public hearing and receive written and oral testimony. Notice of the meeting and the data relating to the proposed amendments have been published and made available to the public and interested persons in accordance with the requirements of the Government Code.

In 2025, staff began the process of updating the nexus studies for the development impact fees. On July 15, 2025 the City Council adopted Resolution No. 25-073 authorizing the execution of a contract with Economic and Planning Systems for the preparation of updated nexus studies. Since then, this work has been underway. Staff Development Impact Fee Update Fiscal Year 2026-2027
City Council Meeting | April 21, 2026

anticipates completion of the studies and updating the Development Impact Fees accordingly in late 2026.

FISCAL IMPACT
In the eleven and-a-half fiscal years since these Development Impact Fees took effect, they have generated about $11.6 million, including $5.3 million for transportation, $3.3 million for parks, and $3.0 million for affordable housing. This includes significant fees paid for the Hyatt Place Hotel, Stanford Health Center, EmeryStation West/Transit Center, Estrella Vista, AvalonBay Public Market, the Emery (Sherwin Williams), Bay Street Grocery Store, BioMed Emery Yards and many other projects. Major residential projects that have been approved since these fees took effect have opted to provide affordable units within the developments, so they have not generated Affordable Housing Impact Fees, although they may have generated Transportation and Parks and Recreation Impact Fees.

Revenues from the impact fees are being programmed, as appropriate, to fund projects in the Capital Improvement Program, as specified in the adopting resolutions. During the past ten-and-a-half fiscal years, Transportation Impact Fee funds have been used for the Christie Avenue Bay Trail, Horton Street Traffic Calming, Powell/Doyle Traffic Signal, South Bayfront Bicycle/Pedestrian Bridge, Emeryville Greenway Stanford-Powell, SafeTREC Powell Street Corridor Study, Transit Center Public Parking, Powell Street Bridge Widening, Emery Go-Round Shuttle Bus Yard, and Transit Seats projects. Park and Recreation Impact Fees have been used for the Stanford Avenue Park Expansion, Horton Landing Park Expansion, South Bayfront Bicycle/Pedestrian Bridge, and Emeryville Greenway Stanford-Powell projects. Affordable Housing Impact Fee funds have been used to help finance the Estrella Vista affordable housing project at 3706 San Pablo Avenue and the Nellie Hannon Gateway affordable housing project at 3600 San Pablo Avenue.

The City Council has also approved three impact fee credits in exchange for the provision of public facilities that could otherwise have been funded from the impact fees in the past years. These include a credit to the Public Market project for the redesign and expansion of Christie Avenue Park, a credit to the EmeryStation West/Transit Center project for the Transit Center plaza and railroad platform extension, and a credit to the Sherwin Williams project for construction of a new City park and Greenway extension. While these credits have reduced the total revenue into the various impact fee funds, they have resulted in new public facilities without any expense to, or construction activity by, the City.

Further details are contained in the annual report on the impact fees that is provided to the City Council in November or December of each year.

STAFF COMMUNICATION WITH THE PUBLIC
None
Development Impact Fee Update Fiscal Year 2026-2027
City Council Meeting | April 21, 2026

CONCLUSION
Staff recommends that the City Council adopt the attached resolution establishing the development impact fees for Fiscal Year 2026-2027, increasing the amount of the fees by 0.50 % in accordance with the increase in the CCI between March 2025 and March 2026.

PREPARED BY: Miroo Desai, Planning Manager

ATTACHMENTS
▪ Draft Resolution
o Exhibit A – Development Impact Fees for Fiscal Year 2026-2027 RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

ESTABLISHING UPDATED DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2026-2027
WHEREAS, on July 15, 2014, the City Council of the City of Emeryville passed and adopted Ordinance No. 14-008 amending the City of Emeryville Planning Regulations to enable Development Impact Fees, including fees for transportation and park and recreation facilities; and
WHEREAS, on July 15, 2014, the City Council of the City of Emeryville passed and adopted Ordinance No. 14-009 amending the City of Emeryville Planning Regulations to enable an Affordable Housing Impact Fee; and
WHEREAS, on July 15, 2014, the City Council of the City of Emeryville passed Resolutions No. 14-103, 14-104, and 14-105, establishing, respectively, an Affordable Housing Impact Fee, a Parks and Recreation Facility Impact Fee, and a Transportation Facility Impact Fee; and
WHEREAS, Resolutions No. 14-103, 14-104, and 14-105 stipulate that, for any annual period during which the City Council does not review the development impact fees, they shall be increased on July 1 based on the percentage increase in the Engineering NewsRecord Construction Cost Index for San Francisco, California; and WHEREAS, the table entitled “City of Emeryville Development Impact Fees, Fiscal Year 2026-2027”, attached hereto as Exhibit A, includes adjusted fees based on the 0.50% increase in the Engineering News-Record Construction Cost Index for San Francisco, California from March 2025 to March 2026
WHEREAS, prior to adoption of the updated development impact fees, the City Council held a noticed public hearing to receive written and oral testimony regarding said fees in accordance with the requirements of Government Code Section 66016 WHEREAS, prior to adoption of the updated development impact fees, notice of said public hearing, as well as data relating to the proposed amendments have been published and made available to the public and interested persons in accordance with the requirements of Government Code Section 66016; now, therefore, be it RESOLVED, that the City Council of the City of Emeryville hereby adopts updated development impact fees for Fiscal Year 2026-2027 as set forth in Exhibit A, attached hereto and incorporated herein, effective July 1, 2025.

Resolution No. _____
Development Impact Fee Update Fiscal Year 2026-2027
City Council Meeting | April 21, 2026

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held April 21, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
▪ Exhibit A – Development Impact Fees FY2026-2027
Use Type Affordable
Housing
Park and
Recreation
Facility
Transportation
Facility
Residential Use Types
Single Unit $0 $4,975 $3,336 $8,311 / dwelling unit
Two Unit and Multi-Unit
Rental - Apartment $35,092 $4,790 $2,069 $41,951 / dwelling unit In TH Transit Hub Overlay Zone $35,092 $4,790 $2,001 $41,883 / dwelling unit Owner - Condominium $0 $4,790 $1,733 $6,523 / dwelling unit In TH Transit Hub Overlay Zone $0 $4,790 $1,670 $6,460 / dwelling unit Owner - Townhome $0 $4,975 $1,733 $6,708 / dwelling unit In TH Transit Hub Overlay Zone $0 $4,975 $1,670 $6,645 / dwelling unit Domestic Violence Shelter $0 $1,873 $737 $2,610 / bed
Group Residential $0 $1,873 $737 $2,610 / bed
Mobile Home Park
Rental $35,092 $4,790 $2,069 $41,951 / dwelling unit
Owner $0 $4,975 $1,733 $6,708 / dwelling unit
Residential Care Facility $5.33 $7.24 $2.50 $15.07 / square foot Supportive Housing $0 $1,873 $737 $2,610 / bed
Transitional Housing $0 $1,873 $737 $2,610 / bed
Accessory Dwelling Units (including Junior ADUs) $0 $0 $0 $0 / dwelling unit Commercial and Institutional
Adult Oriented Businesses
Retail $5.33 $2.67 $6.21 $14.21 / square foot
Performance $5.33 $2.03 $128.97 $136.33 / square foot
Animal Care and Sales
Grooming $5.33 $2.41 $4.85 $12.59 / square foot
Kennel/Animal Care $5.33 $3.75 $18.50 $27.58 / square foot Pet Stores $5.33 $2.67 $6.21 $14.21 / square foot
Veterinary Services $5.33 $2.41 $15.73 $23.47 / square foot Arts and Entertainment
Gallery $5.33 $0.40 $0.60 $6.33 / square foot
Indoor Entertainment $5.33 $1.61 $16.38 $23.32 / square foot Outdoor Entertainment TBD TBD TBD TBD
Banks and Financial Institutions $5.33 $2.67 $14.17 $22.17 / square foot Business Services $5.33 $2.67 $24.74 $32.74 / square foot Colleges and Trade Schools $0.00 $2.41 $8.48 $10.89 / square foot Community Assembly $0.00 $0.65 $9.15 $9.80 / square foot Day Care Centers $0.00 $3.75 $18.50 $22.25 / square foot Eating and Drinking Establishments
Bars/Nightclubs/Lounges $5.33 $6.68 $11.37 $23.38 / square foot Restaurants
Quality (ITE Land Use 931) $5.33 $6.68 $7.52 $19.53 / square foot High Turnover (ITE Land Use 932) $5.33 $6.68 $9.85 $21.86 / square foot Fast Food (ITE Land Use 933) $5.33 $6.68 $43.60 $55.61 / square foot Fast Food with Drive-Thru (ITE Land Use 934) $5.33 $6.68 $54.46 $66.47 / square foot Mobile Food Vendors $0.00 $0.00 $0.00 $0.00
Emergency Shelters $0 $1,874 $737 $2,610 / bed
Funeral Homes, Mortuaries and Mausoleums $5.33 $0.65 $1.84 $7.82 / square foot City of Emeryville
Development Impact Fees
Fiscal Year 2026-2027 (valid July 1, 2026 through June 30, 2027)

TOTAL IMPACT FEES
7/1/2026 TBD = To be determined. Contact Community Development Department to determine applicable fees. Page 1 of 3 Use Type Affordable
Housing
Park and
Recreation
Facility
Transportation
Facility

TOTAL IMPACT FEES
Health Care
Clinics and Medical Offices $5.33 $4.87 $11.91 $22.11 / square foot Hospitals $5.33 $3.88 $3.11 $12.32 / square foot
Medical Laboratories (non research) $5.33 $2.41 $10.50 $18.24 / square foot Instructional Services
Individual/ Small Group Instruction $5.33 $0.78 $3.23 $9.34 / square foot Group Instruction $5.33 $0.78 $3.23 $9.34 / square foot Libraries and Museums
Libraries $5.33 $1.87 $24.35 $31.55 / square foot
Museums $5.33 $0.40 $0.60 $6.33 / square foot
Live/Work Unit $5.33 $2.03 $7.36 / square foot plus
plus $2,168 $2,168 / unit
Lodging
Hotels and Motels $5.33 $1.33 $6.66 / square foot plus
plus $1,400 $1,400 / room
Bed & Breakfast $0.00 $0.00 $0.00 $0.00 / square foot
Major Public Services $5.33 TBD TBD TBD / square foot
Marina $0 $1,338 $633 $1,971 / berth
Motor Vehicle Sales and Services
Cleaning (Self-Service Car Wash - ITE Land Use 947) $5.33 $5.33 / square foot plus plus $335 $9,237 $9,573 / stall
Rentals $5.33 $2.03 $3.35 $10.71 / square foot
Sales and Leasing $5.33 $1.75 $8.73 $15.81 / square foot Repair and Service $5.33 $1.33 $14.87 $21.53 / square foot Service Station $5.33 $5.33 / square foot plus
plus $335 $9,251 $9,586 / pump
Towing and Impounding $5.33 $1.33 $16.70 $23.36 / square foot Offices
General/Government/Walk-In Clientele $5.33 $4.87 $4.96 $15.16 / square foot Corporate Headquarters (ITE Land Use 714) $5.33 $4.87 $4.71 $14.91 / square foot Parking $0.00 $0.00 $0.00 $0.00 / square foot
Personal Services $5.33 $2.67 $4.85 $12.85 / square foot Public Safety Facilities $0.00 $2.67 $4.02 $6.69 / square foot Recreation
Gaming $5.33 $2.67 $44.80 $52.80 / square foot
All Other $5.33 $2.67 $11.78 $19.78 / square foot
Repair Services $5.33 $1.75 $3.23 $10.31 / square foot
Retail
Food and Beverage Sales
Supermarket (ITE Land Use 850) $5.33 $2.67 $14.22 $22.22 / square foot Convenience Market (ITE Land Use 851) $5.33 $2.67 $52.44 $60.44 / square foot All Other $5.33 $2.67 $6.21 $14.21 / square foot
Schools $0.00 $1.33 $3.99 $5.32 / square foot
Social Service Facilities $0.00 $4.28 $4.96 $9.24 / square foot 7/1/2026 TBD = To be determined. Contact Community Development Department to determine applicable fees. Page 2 of 3 Use Type Affordable
Housing
Park and
Recreation
Facility
Transportation
Facility

TOTAL IMPACT FEES
Industrial
Arts-Industrial - All $5.33 $1.75 $3.23 $10.31 / square foot Commercial Kitchens $5.33 $1.75 $3.23 $10.31 / square foot Construction and Maintenance $5.33 $0.92 $1.07 $7.32 / square foot Crematories $5.33 $2.93 $2.45 $10.71 / square foot
Food Production and Assembly - All $5.33 $1.75 $3.23 $10.31 / square foot Hazardous Waste Facilities - All $5.33 $2.93 $2.45 $10.71 / square foot Laundry and Dry Cleaning Services $5.33 $1.75 $3.23 $10.31 / square foot Manufacturing
Pharmaceutical $5.33 $1.33 $3.23 $9.89 / square foot
Custom $5.33 $1.33 $2.17 $8.83 / square foot
Light $5.33 $1.33 $3.23 $9.89 / square foot
General $5.33 $1.33 $2.45 $9.11 / square foot
Heavy $5.33 $1.33 $2.45 $9.11 / square foot
Cannabis Manufacturing $5.33 $1.33 $3.23 $9.89 / square foot Recycling Facilities - All $5.33 $2.93 $2.45 $10.71 / square foot Research and Development $5.33 $3.36 $3.57 $12.26 / square foot Salvage and Wrecking $5.33 $2.93 $2.45 $10.71 / square foot Storage and Distribution
Indoor and Outdoor $5.33 $0.92 $1.07 $7.32 / square foot Personal $5.33 $0.04 $0.84 $6.21 / square foot
Agricultural
Community Gardens $0.00 $0.00 $0.00 $0.00
Indoor Agriculture $5.33 $1.75 $3.23 $10.31 / square foot Outdoor Agriculture $5.33 $1.75 $3.23 $10.31 / square foot Animal Husbandry $5.33 $1.75 $3.23 $10.31 / square foot Communication, Transportation and Utilities
Communication Facilities
Transmission Towers $0.00 $0.00 $0.00 $0.00
Equipment within Buildings $5.33 $0.05 $0.32 $5.70 / square foot Transportation and Delivery Services
Bus/Rail Passenger Stations $5.33 TBD TBD TBD / square foot Truck/Rail Freight Terminals $5.33 $1.75 $2.77 $9.85 / square foot Human-Powered $5.33 $0.92 $1.07 $7.32 / square foot
Light Fleet $5.33 $0.92 $1.07 $7.32 / square foot
Utility Services $5.33 $9.74 $2.55 $17.62 / square foot 7/1/2026 TBD = To be determined. Contact Community Development Department to determine applicable fees. Page 3 of 3 City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: April 21, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Chadrick Smalley, Community Development Director SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO COMMIT TO A PERMANENT

FINANCING DEVELOPMENT LOAN IN AN AMOUNT NOT TO EXCEED
$31,757,588 BETWEEN THE CITY OF EMERYVILLE AND EAH INC., A

CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION, FOR
THE DEVELOPMENT OF AFFORDABLE HOUSING AT 4300 SAN

PABLO AVENUE AND TO AMEND THE AFFORDABLE HOUSING

EXPENDITURE AND ADMINISTRATIVE PLAN (CEQA
DETERMINATION: EXEMPT PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 8698.4(A)(4) AND STATE CEQA
GUIDELINES SECTIONS 15268(A), 15269(C), 15332, AND 15061(B)(3))

RECOMMENDATION
Staff recommends that the City Council adopt the above-entitled resolution authorizing the City Manager to execute a commitment letter in an amount not to exceed $31,757,589 and amend the Affordable Housing Bond Expenditure and Administrative Plan by adding $9,996,768 in additional revenue, creating two new housing programs and reallocating funds amongst existing funding programs.

BACKGROUND
Affordable Housing Bond Administrative and Expenditure Plan In June 2018, Emeryville voters approved Measure C, a $50 million general obligation bond to fund affordable housing initiatives. These funds support the City's Housing Element and General Plan policies, which aim to increase affordable housing opportunities for low-income and special-needs populations. On March 2, 2021, the City Council adopted Resolution No. 21-13 approving the Affordable Housing Bond Administrative and Expenditure Plan (Expenditure Plan), which guides the allocation of Measure C Housing Bond proceeds alongside other funding sources, including State and Federal grants, Housing Successor Agency, and Housing Impact Fee funds and establishes a variety of programs/projects and performance measures. The Bonds were issued on May 11, 2023. Annual debt service of these bonds is approximately $3.5 million and is funded through ad valorem property taxes. The taxable rate for FY26 is $43.66 per $100,000 of assessed value. Regardless of how proceeds are allocated or expended, property owners will continue to pay the voter-approved tax until the bonds are retired. In 2024, the City secured an allocation of $575,000 in Pro-Housing Implementation Pilot funds and administratively added these resources to the Expenditure Plan, bringing the total amount of housing funding available to $65,091,793. Twenty-seven percent of the 4300 San Pablo Avenue Commitment Letter / Expenditure Plan Amendment City Council Meeting | April 21, 2026

Expenditure Plan funds have been expended or encumbered, leaving 73% of the funds available as outlined in Table A.

Table A- Current Expenditure Plan
Housing Plan
Program
Program
Status
Funding
Allocation
Total
Expended
Total
Encumbered
Funds
Available
1A Acquisition of
BMR
Homebuyer
Units
Active $1,578,373.00 $701,493.24 $0.00 $876,879.76
1B Homebuyer
Assistance
Active $1,950,000.00 $827,930.00 $0.00 $1,122,070.00
1C Foreclosure
Prevention
Not
Started
$150,000.00 $0.00 $0.00 $150,000.00
1D Rental
Preservation
Not
Started
$4,000,000.00 $266,250.00 $0.00 $4,000,000.00
1E Special Needs
Housing
Incentives
Not
Started
$4,050,000.00 $0.00 $0.00 $4,050,000.00
1F Accessibility
Improvements
Complete $232,826.39 $232,826.39 $0.00 $0.00
2A Rental
Development
Active $41,216,437.86 $14,135,111.00 $612,375.00 $24,468,951.86 2B Development
Opportunities
Not
Started
$8,319,804.00 $0.00 $0.00 $8,319,804.00
NA Bond
Issuance
NA $801,932.00 $745,175.00 $0.00 $56,757.00
NA Administration NA $2,526,169.75 211,655.94 $79,290.69 $2,235,223.12 Total $65,091,793.00 $16,887,615.18 $691,665.69 $47,512,512.13 4300 San Pablo Avenue Intergenerational Affordable Housing Project On July 21, 2020, the City Council adopted Resolution No. 20-85 selecting EAH Housing (“EAH”) as the first-choice developer for the design and development of an intergenerational rental housing development of the City-owned property located at 4300 San Pablo Avenue (the “Property”). On October 26, 2022, a Lease Disposition and Development Agreement (“LDDA”) was executed pursuant to Ordinance No. 22-007, adopted by the City Council on September 6, 2022. The LDDA provides for the development of 68 units and 7,000 square feet of amenity space within a 5-story building with a courtyard at the second level. The development will serve both Transition Aged Youth (“TAY”) and Senior populations, with a maximum of 13 units set aside for TAY, one unit for an on-site manager, and the remaining 54 units for seniors. The LDDA establishes the conditions precedent for the conveyance of the leasehold interest, which includes:

EAH to obtain all financing necessary for the development of the project, obtain a building permit, close on all financing, and meet all other pre-disposition requirements to close on the ground lease (i.e. start construction). On December 5, 2022, the Community Development Department issued entitlements for the project through a streamlined Zoning Compliance Review process and on November 18, 2024, the first amendment of the LDDA was executed, extending the requirement to close on the ground lease to October 27, 2026, to provide the developer with additional time to secure financing. 4300 San Pablo Avenue Commitment Letter / Expenditure Plan Amendment City Council Meeting | April 21, 2026

Through the Expenditure Plan, the City originally committed the City’s base allocation ($2,519,198) of Alameda County Measure A-1 funding to the project. On October 27, 2021, the Alameda County Community Development Agency approved the commitment of the Measure A-1 funds to the Project. On October 8, 2024, the Alameda County Board of Superiors approved Resolution 2024-487 extending the Measure A-1 requirement for construction to commence to April 30, 2027.

Since late 2022, EAH had been awaiting the release of a Notice of Funding Availability (“NOFA”) for Project Based Vouchers (“PBV”) from the Housing Authority of Alameda County (“HACA”). PBV is needed to subsidize the rents, at a minimum, for the extremely low income (30% AMI) units. Unfortunately, in August 2024, HACA announced that they had a funding shortfall in 2024 and were projecting a funding shortfall in 2025 and therefore would not be issuing a NOFA for PBV nor could they commit to when a NOFA would be released in the future. Without a commitment of PBV, it is financially infeasible to serve the seniors and TAY households at 20% AMI and below, so on April 1, 2025, City Council adopted Resolution No. 25-28 to revise the income targeting of the project to serve households between 30% and 60% AMI, with no more than 14 units serving households at 30% AMI.

Additionally, within Resolution No 25-28, the City Council authorized an increase of the financial commitment from the City to $12,757,588 in support of the Developer’s application for California Department of Housing and Community Development (HCD) Round 3 SuperNOFA, seeking Multifamily Housing Program (MHP) funding. The City’s increased commitment was contingent upon successful application for MHP funding.

Unfortunately, the project was not selected for an MHP award.

DISCUSSION
Expenditure Plan Modifications
Staff is recommending modifying the Expenditure Plan to account for the additional revenue that has been generated since the Expenditure Plan was adopted and to make changes to the several programs outlined in the Expenditure Plan.

Additional Revenue
Several of affordable housing funds have generated additional revenue since 2021 that is available to allocate to the Expenditure Plan. Table B outlines the additional revenue per funding source that is available to allocate in the Expenditure Plan.

Table B- Additional Revenue
Fund No. Description Allocation
239 Affordable Housing Impact Fee $538,976.06
284 Measure C Housing Bond $5,919,245.82
289 Low- and Moderate-Income Housing Asset Fund $3,258,635.84 NA Measure A-1 (Alameda County Reservation) $279,911.00 4300 San Pablo Avenue Commitment Letter / Expenditure Plan Amendment City Council Meeting | April 21, 2026

Total $9,996,768.00
Program/Projects Modifications
Since the creation of the Expenditure Plan, the housing market has changed, and staff is recommending the following programs and projects modifications identified in Table C.

Table C- Program & Project Modifications
Housing Program Proposed Change
1C Foreclosure Prevention Program not needed at this time. De-obligate $150,000 to address other funding needs.
1E Special Needs Housing Reduce allocation of funds by $970,000 to address other funding needs.
1G Homeowner Retention (NEW) Address increasing homeowner association (HOA) costs related to insurance and capital improvements that are
passed on to low- and moderate-income homeowners
Allocate $750,000.
2A Rental Production Increase funding allocation by $17,993,329 to support 4300 San Pablo Avenue
2B Development Opportunity Program not needed at this time. De-obligate $8,319,804 to address other funding needs.
2C ADU Incentives (NEW) Provide incentives for the creation of affordable ADUs to implement Housing Element policy. Allocate $750,000
NA Bond Issuance Re-allocate balance of funds available as they are no longer needed
Rental Production Projects Proposed Change
2A 4300 San Pablo Avenue Increase funding allocation by $29,238,390 to support project’s upcoming application for LIHTC
2A Christie Sites Re-allocate $10,955,307 to support funding needed at 4300 San Pablo Avenue.
2A Adeline Sites Project is terminated, property listed for sale. De-obligate $240,000 of available funds to support funding needed at 4300 San Pablo Avenue.

Funding Modifications
Table D is staff’s recommendation for the allocation of $9,996,768 in additional revenue in Table B and the reprogramming of $9,496,561 in funds identified in Table C.

Table D- Funding Modifications
Program Available
Balance
Reprogramed
Funds
New
Funding
Net Change New Available
Balance
1C Foreclosure
Prevention
$150,000 ($150,000) $0 ($150,000) $0
1E Special
Needs
Housing
$4,050,000 ($970,000) $0 ($970,000) $3,080,000
1G Homeowner
Retention
$0 $750,000 $0 $750,000 $750,000
2A Rental
Production
$26,468,952 $7,996,561 $9,996,768 $17,993,329 $44,462,802 2B Development
Opportunity
$8,319,804 ($8,319,804) $0 ($8,319,3104) $0
4300 San Pablo Avenue Commitment Letter / Expenditure Plan Amendment City Council Meeting | April 21, 2026

2C ADU
Incentives
$0 $750,000 $0 $750,000 $750,000
NA Bond
Issuance
$56,757 ($56,757) $0 ($56,757) $0
Total $39,045,513 $9,996,768 $49,042,802
Rental
Production
Projects
Available
Balance
Reallocated
Rental
Production
Reprogrammed
Other Fund
New
Funding
New Available
Balance
Nellie Hannon
Gateway
$0 $0 $0 $0 $0
4300 San
Pablo Avenue
$2,519,198 $11,293,984 $7,996,561 $9,996,768 $31,757,588 Christie Sites $23,660,000 ($10,955,307) $0 $0 $12,704,693 Adeline Sites $240,000 ($240,000) $0 $0 $0
Unallocated $49,754 (49,754) $0 $0 $0
Total $26,468,952 $0 $7,996,561 $9,996,768 $44,412,527
4300 San Pablo Avenue Financing Request
In December 2025, EAH submitted a request to the city for $29 million in additional funding to support the development of 4300 San Pablo as an intergenerational housing project. The commitment of the additional funding would support the project’s competitiveness for 9% federal Low Income Housing Tax Credits (LIHTC) from the California Tax Credit Allocation Committee (CTCAC) in 2026. Based upon previous rounds of LIHTC, EAH believes the project will score high enough to be competitive and generate a strong tie breaker score to receive an award of funding, if additional funding from the City is committed.

The $31 million total funding allocation represents approximately 49% of the total development cost and approximately $473,000 per affordable housing unit. While the City does not have a formal policy establishing a maximum local subsidy per unit, staff believes the following factors support the City’s financial commitment to the project:

Alignment with Housing Element
The 2023-2031 Housing Element includes several programs and commitments directly related to the development of the 4300 San Pablo Avenue as an affordable housing site:
▪ Site Inventory List (Site #10): 4300 San Pablo Avenue is identified as a vacant and underutilized residential site projected to accommodate 68 residential units, including 67 units affordable to Extremely Low, Very Low- and LowIncome Households contributing toward the City Regional Housing Needs Allocation (RHNA).
▪ Program G. City-sponsored Development Fund: Commits the City to providing financing in the form of low-interest loans to support the construction of rental housing units affordable to very-low to moderate income households at Site 10 on the Site Inventory List.
4300 San Pablo Avenue Commitment Letter / Expenditure Plan Amendment City Council Meeting | April 21, 2026

▪ Program KK. Residential Use By Right: Pursuant to AB1397 sites that have been identified in two Housing Elements must allow residential development by-right when at least 20% of the units are affordable to lower-income households. Housing Inventory Sites 10, is one of the sites that meets this requirement. Failure to comply with AB 1397 may result in HCD finding the Housing Element out of compliance.

Compliance with Surplus Land Act
On July 19, 2022, the City Council adopted Resolution No. 22-104 determining that 4300 San Pablo property qualifies as “exempt surplus” under Government Code Section 54221, subdivision (f)(1)(A) because it will be transferred for the development of an affordable housing project that meets the requirements of Government Code Section 37364. Government Code Section 37364 permits a city to sell or lease exempt surplus land for affordable housing provided at least 80% of the land is used for housing development and at least 20% of the units are affordable to very low-income households (50% of AMI or lower) and 20% of the units are affordable to households with incomes below 60% of AMI. On August 17, 2022, HCD concurred with the City’s exempt surplus determination. Any change in development approach may require reassessment of compliance with Surplus Land Act and at least a 7-year delay in development of the Property.

Financial Challenges
This project has been stalled for four years due to challenges in obtaining the requisite local, state and federal resources, as identified below, as well as due to increased construction costs. EAH and City staff believe that the landscape for these other funding resources will not improve in the next few years, and that construction costs will continue to rise, increasing the funding gap even more, thereby making it incumbent upon the City to fill the financing gap for this project to move forward as expeditiously as possible. ▪ PBV: HACA has not provided an update since 2024 regarding the release of new PBV.

In addition, recent HUD budget proposals include reductions to Project Based Rental funding, which may limit future allocations or eliminate expansion of rental assistance programs. PBVs are critical to serving households at 30% AMI or below, providing the operating subsidy necessary to support extremely low-income units. The inability to secure PBVs can significantly impact a project’s long term financial feasibility and its ability to serve vulnerable populations.
▪ Alameda County Funding Sources: Alameda County has two funding sources available to support affordable housing, Measure A-1 and Measure W. Alameda County has already reserved the Emeryville base allocation of Measure A-1 Housing Bonds for this project. Unfortunately, this project is not eligible for Alameda County Measure W funding, as it does not have at least 25% of the units set-aside for households at 30% AMI that are experiencing homelessness. 4300 San Pablo Avenue Commitment Letter / Expenditure Plan Amendment City Council Meeting | April 21, 2026

▪ HCD Housing Resources: State funding resources, like MHP, are extremely competitive and HCD has consolidated their application process for affordable housing financing resources into a SuperNOFA. The SuperNOFA has several scoring factors that will continue to make it challenging for this project to receive State funding, as the issues are outside the control of the City and EAH:
▪ Neighborhood Opportunity Area: The project loses 5 points for being located in a Low Resource Area. Opportunity areas are designated on an annual basis by the State, and the Low Resource Area designation was also issued in 2026. ▪ Special Needs Population Set-Aside: The project loses 1 point because it cannot dedicate 25% or more units to Special Needs populations. As an intergenerational housing development, SB 591 restricts the share of Transitional-Aged Youth (TAY) units to no more than 20% of the units. ▪ Targeting the Lowest-Income Households: The project loses up to 5 points for not having more units restricted to households at 30% AMI or below. As described above, without PBV or another operating subsidy the project cannot feasibly increase the number of extremely low-income units. ▪ LIHTC: Obtaining a LIHTC award in the Bay Area is particularly difficult, due to deep subsidy layering, increased competition, and funding constraints ▪ LIHTC Funding Constraints: Between 2020 and 2024, federal LIHTC availability in California decreased 47%, while applications declined by only 16%.
▪ Competition in the East Bay Region: In the East Bay region, (Alameda and Contra Costa Counties), an average of 4-5 applications are submitted per funding round, while only one project in the East Bay region receives an award per funding round. In May 2024, the Bay Area Housing Finance Authority (BAHFA) released a report that identified that 433 residential developments in the 9-county region were stalled in the pre-development stage due to the need for additional financing. Of these, 147 projects are in the East Bay Region, including 115 in Alameda County, the highest concentration in the 9-county region.
▪ Deep Subsidy Layering: A commitment of local financing subsidy is required to score competitively for LIHTC. Additionally, increased project costs in the Bay Area make it difficult for LIHTC projects to be financially feasible without large amounts of subsidy from local sources. This project also requires additional subsidy as it is not eligible for as much LIHTC funds as originally proposed in 2020.
▪ Difficult Development Area: The project site is no longer located in a HUD-designated Difficult Development Area (“DDA”), which are areas with high land, construction and utility costs relative to the AMI.

Therefore, the project no longer qualifies for a 130% boost in federal tax credits and state tax credits, thereby decreasing the amount of LIHTC funds the project is eligible to receive.
4300 San Pablo Avenue Commitment Letter / Expenditure Plan Amendment City Council Meeting | April 21, 2026

▪ Increased Costs: Construction costs have increased 8% since 2020, when EAH was selected as developer of the project. Prolonging the development of the project would likely result in a substantially higher total development costs due to continued construction inflation.

Expenditure Plan Policy and Available Resources
Staff acknowledges that a commitment of $31 million to this housing project is significant and goes beyond the what the City has invested in affordable housing projects in the past, however, the City does not currently have a formal policy establishing a maximum local subsidy amount per unit or percentage of total development cost (TDC) nor did the Expenditure Plan establish a maximum funding cap. Berkeley and Oakland cap maximum investment at 40% of the TDC, unless the City Council makes a finding that a higher level of funding is justified by the nature of the assisted project and/or the unavailability of alternative funding. This funding request is driven by significant reductions in available County, State, and Federal housing resources, rather than project mismanagement. The broader affordable housing market has experienced increased construction costs, and decreased subsidy availability, resulting in higher local funding requirements across the region.

Additionally, the City is in the fortunate position to have available housing resources today to meet this funding request through the Expenditure Plan. Sixty-eight percent of the Expenditure Plan available resources are from the Measure C Housing Bond, which was issued on May 11, 2023. Annual debt service of these bonds is funded through ad valorem property taxes and, regardless of how proceeds are allocated or expended, property owners will continue to pay for the bonds until they are retired. Sixty-nine percent of the funds requested for this project would come from Measure C Housing Bonds, providing a more immediate benefit to Emeryville residents than holding these funds for an as-yet undetermined future housing project.

STRATEGIC PLAN CONNECTION
The Expenditure Plan and 4300 San Pablo Avenue project have both been identified as initiatives within the Livable, Safe and Vibrant Communities goal of the Strategic Plan.

FISCAL IMPACT
The allocation of additional funds identified in Table B in the Low- and Moderate-Income Housing Asset Fund (Fund 298), Measure C Housing Fund (Fund 284), and Affordable Housing Impact Fee Fund (Fund 239) represent revenue generated between 2022 and 2026. These sources, plus the additional Alameda County Measure A1 funds, total $9,996,768 in additional financial resources available to the City to support the production and/or preservation of affordable housing in Emeryville through the Expenditure Plan.

These additional resources will be incorporated into the 2027-2029 budget and are not anticipated to be expended in the current budget.
4300 San Pablo Avenue Commitment Letter / Expenditure Plan Amendment City Council Meeting | April 21, 2026

The loan commitment letter in the amount not to exceed $31,757,588, of which $2,799,109 is anticipated to come from Alameda County Measure A-1 funds, is contingent upon EAH successfully receiving an award of LIHTC for the Project in August 2026. Upon receipt of an LIHTC award, staff will develop a permanent loan agreement for the City Council’s approval. Funding to support this request will come from the amendment to the Expenditure plan, as outlined above.

STAFF COMMUNICATION WITH THE PUBLIC
Staff presented a draft amendment to the Expenditure Plan to the Housing Committee on April 1, 2026. The Housing Committee has identified 4300 San Pablo Avenue as one of their top priorities of 2026 and recommended that the City Council adopt the proposed amendments to the Expenditure Plan.

CONFLICT OF INTEREST
None

CONCLUSION
Staff recommend City Council adopt the attached Resolution, which:
▪ Amends the Expenditure Plan by:
▪ Adding $9,996,768 in additional revenue to the plan,
▪ Create and fund two new housing programs within the plan to address homeowner retention and create incentives for the development of ADUs; and
▪ Reallocate available funds amongst various housing programs and projects, as identified in Table D.
▪ Authorizes the execution of a commitment letter in an amount not to exceed $31,757,588 for the development of a 100% affordable intergenerational housing project, located at 4300 San Pablo Avenue, with units serving households between 30%-60% of Area Median Income (“AMI”), contingent upon an award of LIHTC in 2026.

PREPARED BY: Valerie Bernardo, Economic Development & Housing Manager

ATTACHMENTS
▪ Draft Resolution
▪ Exhibit A – Commitment Letter
▪ Exhibit B – Amended Affordable Housing Expenditure and Administration Plan RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO COMMIT TO A PERMANENT FINANCING DEVELOPMENT LOAN IN AN AMOUNT NOT TO EXCEED $31,757,588 BETWEEN THE CITY OF EMERYVILLE AND EAH INC., A CALIFORNIA NONPROFIT PUBLIC

BENEFIT CORPORATION, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AT 4300 SAN PABLO AVENUE AND TO AMEND THE AFFORDABLE HOUSING EXPENDITURE AND ADMINISTRATIVE PLAN (CEQA DETERMINATION: EXEMPT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 8698.4(A)(4) AND STATE CEQA GUIDELINES SECTIONS 15268(A), 15269(C), 15332, AND 15061(B)(3)) WHEREAS, the City Council ("City Council") of the City of Emeryville (“City”) recognizes the existence of a housing crisis in the City that has caused housing to become increasingly scarce and expensive, to the point that home ownership and the cost of rental units are now out of reach for many very low, low, and middle-income residents, including, but not limited to, veterans, local artists, seniors, people experiencing homelessness, persons with disabilities, and other vulnerable populations; and WHEREAS, on March 2, 2021, the City Council adopted Resolution No. 21-013, approving an Affordable Housing Bond Expenditure and Administration Plan (“Expenditure Plan”) outlining the City’s affordable housing resources, programs and projects; and
WHEREAS, the City has generated additional revenue over the past five years to further support affordable housing preservation and production; and WHEREAS, the market conditions have changed since the plan was adopted and the City wishes to create two new housing programs and reallocate funds amongst the various programs within the Expenditure Plan that have not been expended; and WHEREAS, on September 6, 2022, the City Council adopted Ordinance No. 22-007 authorizing the City Manager to execute a Lease Disposition and Development Agreement (“LDDA”) and Ground Lease with EAH Inc. (“Developer”) to develop 4300 San Pablo Avenue and on October 26, 2022, the LDDA was executed; and WHEREAS, the LDDA restricts 67 units to households with incomes between 30% of the Area Median Income (“AMI”) and 60% AMI, with no more than 13 of the units serving households at 30% AMI; and
WHEREAS, the Expenditure Plan committed $2,519,198 the City’s allocation of Alameda County A-1 Bond funds to the Project; and
WHEREAS, increased construction costs over the past six years, and the inability to access Project Based Vouchers and other local, state and federal resources, have created a financing shortfall for the 4300 San Pablo Avenue project; in the amount of $31,757,588; and
Resolution No. _____
4300 San Pablo Avenue Commitment Letter / Expenditure Plan Amendment City Council Meeting | April 21, 2026

WHEREAS, Developer is requesting a financial commitment of $31,757,588 from the City in support of its application for Low Income Housing Tax Credits, due July 21, 2026; now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville hereby amends the Affordable Housing Bond Administration and Expenditure Plan in substantial form as attached as Exhibit A to this Resolution; be it further
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute a commitment letter in an amount not to exceed $31,757,588 to be used for the development of the 4300 San Pablo Avenue project, in substantial form attached hereto as Exhibit B, together with such further revisions as may be agreed to by the City Manager and City Attorney which do not materially increase the obligations of the City thereunder.

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held April 21, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
▪ Exhibit A – Affordable Housing Expenditure and Administration Plan Amendment ▪ Exhibit B – 4300 San Pablo Avenue Commitment Letter
Exhibit A
Affordable Housing Expenditure &
Administration Plan Amendment
April 21, 2026
I. Background
On March 2, 2021, the City Council adopted Resolution No. 21-13 approving the Affordable Housing Expenditure and Administration Plan (“Expenditure Plan”) , which guides the allocation of Measure C Housing Bond proceeds alongside other funding sources, including State and Federal grants, Housing Successor Agency, and Housing Impact Fee funds and establishes a variety of programs/projects and performance measures. On April 21, 2026, the City Council adopted Resolution No. 26-__ amending the Expenditure Plan.

The following document reflects the amended Expenditure Plan.

II. Emeryville Affordable Housing Financial Resources
The following affordable housing resources were allocated into the Expenditure Plan in 2021 for a total of $64,516,793:

Fund Affordable Housing Resource Funding Allocation
298 Low- and Moderate-Income Housing Asset Fund $5,920,760 299 Affordable Housing Fund $5,342,506
239 Affordable Housing Impact Fee $734,329
NA Measure A-1 (Alameda County Reservation) $2,519,198
284 Measure C Housing Bond $50,000,000
Original Total $64,516,793
In 2023, the city was awarded $575,000 in Prohousing Incentive Pilot Funding to support accessibility improvements, rental preservation and administration. These funds were administratively added to the Expenditure Plan.

Fund Original Affordable Housing Resources Total $64,516,793 254 Prohousing Incentive Pilot Funding $575,000
Revised Total $65,091,793
Several of the Affordable Housing Resource Funds have generated additional revenue since 2021 that is available to allocate to the Expenditure Plan. The following is the additional revenue per funding source that is available to allocate:

Fund Housing Resource Allocation
239 Affordable Housing Impact Fee $538,976.06
284 Measure C Housing Bond $5,919,245.82
289 Low- and Moderate-Income Housing Asset Fund $3,258,635.84 NA Measure A-1 (Alameda County Reservation) $279,911.00 Total $9,996,768.00
The total amount of financial resources allocated to the Expenditure Plan are as follows:

Fund Affordable Housing
Resource
2021
Funding
Allocation
2024
Administrative
Amendment
2026
Additional
Funds
Amended
Funding
Allocation
239 Affordable Housing
Impact Fee
$734,329 $538,976.06 $1,273,305
254 Prohousing Incentive
Pilot Funding
$575,000
284 Measure C Housing
Bond
$50,000,000 $5,919,245.82 $55,919,246
298 Low- and ModerateIncome Housing Asset
Fund
$5,920,760 $3,258,635.84 $9,179,396
299 Affordable Housing
Fund
$5,342,506 $0 $5,342,506
NA Measure A-1
(Alameda County
Reservation)
$2,519,198 $279,911.00 $2,799,109
Original Total $64,516,793 $575,000 $9,996,769 $75,088,562 III. Initiatives, Program & Projects
The following programs have been added to the Expenditure Plan since 2021.

Initiative 1: Preservation of Affordable Housing
Program Name Program Goal Program Description
1F. Accessibility Improvements Improve the physical
conditions of existing
property to ensure residents
can age in place
Provide financial assistance to support
aging in place improvement for seniors
& disabled homeowner and common
area improvements for HOAs and
Multifamily properties
1G: Homeowner Retention Provide financial assistance to HOAs and low to moderate income
homeowners with rising costs
associated with increased insurance
and capital improvements
Initiative 2: Production of Affordable Housing
Program Name Program Goal Program Description
2C. ADU Incentives Creation of Accessory Dwelling
Units to support the RHNA and
the Housing Element Program D
Financial incentives to assist in the
development of ADUs
IV. Funding Allocation Table
The following represent the total funding allocated to each program within the Expenditure Plan, as well as the funding allocated to each Rental Development project.

Program
Current
Allocation
Available
Balance
ReProgramme
d Funds New Funding Net Change
Proposed Revised
Allocation
BMR
Acquisition

1,578,373.00

876,879.76

1,578,373.00
Homebuyer
Assistance

1,950,000.00

1,122,070.00

1,950,000.00
Foreclosure
Prevention

150,000.00

150,000.00

(150,000.00)

-

(150,000.00)

-
Rental
Preservation

4,266,250.00

4,000,000.00

-

4,266,250.00
Special Needs
Housing

4,050,000.00

4,050,000.00

(970,000.00)

(970,000.00)

3,080,000.00
Accessibility
Improvement
s

232,826.39

-

-

-

-

575,000.00
Homeowner
Retention

-

-

750,000.00

750,000.00

750,000.00
Rental
Production

41,216,437.8
6 26,468,951.8
6 7,996,561.00

9,996,768.00

17,993,329.00

59,209,766.86
Development
Opportunity

8,319,804.00

8,319,804.00

(8,319,804.0
0)

(8,319,804.00)

-
ADU Incentive

-

-

750,000.00

750,000.00

750,000.00
Bond
Issuance

801,932.00

56,757.00

(56,757.00)

-

(56,757.00)

745,175.00
Admin

2,526,169.75

2,235,223.12

-

2,526,169.75
Total

65,091,793

47,279,685.74

-

9,996,768.00

9,996,768.00

75,088,561.00
Rental
Development
Projects
Current
Allocation
Available
Balance
Rental
Development
ReProgramming
Other ReProgramming
Funds
New Funding Net Change Proposed
Revised
Allocation
Nellie
Hannon
Gateway

14,747,486.00

-

-

-

14,747,486.00
4300 San
Pablo

2,519,198.00

2,519,198.00

11,245,061.00 7,996,561

9,996,768.00

21,241,829.00

31,757,588
Christie
Sites

23,660,000.00

23,660,000.00

(10,955,307.14)

(10,955,307.14)

12,704,692.86
Adeline Sites
240,000.00

240,000.00

(240,000.00)

-

(240,000.00)

-
Unallocated
Funds

49,753.86

49,753.86

(49,753.86)
Total
41,216,437.86

26,468,951.86

-

9,996,768.00

10,046,521.86

51,213,205.86
V. Performance Measures
Performance measures for all programs will be identified upon the adoption of the program-specific guidelines by the City Council.

City of Emeryville I N C O R P O R A T E D 1 8 9 6
1333 Park Avenue. Emeryville, CA 94608-3517
t (510) 596-4300 | f (510) 596-4389
April 21, 2026
Welton Jordan
Chief Real Estate Development Officer
EAH, Inc.
22 Pelican Way
San Rafael, CA 94901
Re: 4300 San Pablo Avenue
Intergenerational Affordable Housing Development
City of Emeryville Commitment Letter
Dear Mr. Jordan:

The City of Emeryville ("City") is pleased to be able to assist EAH Inc., a California Nonprofit Public Benefit Corporation, or its Assignee ("Developer") in the construction of the 4300 San Pablo Avenue Intergenerational Affordable Housing Development ("Project") located at 4300 San Pablo Avenue, Emeryville, California, 94608 (APNs: 049- 1079-014-01, -017-01).

The Project is a five-story apartment with 68 units and no less than 7,000 square feet of residential amenities serving space. All of the units, with the exception of one (1) manager unit, will be affordable to extremely low and low-income households (i.e. 30- 60% Area Median Income). The development will serve Transitional Age Youth (TAY) and Senior populations, with a maximum of 20% of the units (13 units) set-aside for TAY, 80% for Seniors (54 units).

This letter confirms that, on April 21, 2026, the Emeryville City Council adopted Resolution No. 26-__, which authorizes a commitment to the Developer of a new permanent development loan in an amount not to exceed $31,757,588 to be used towards the development of the Project. If Developer is successful in retaining the $2,799,109 in Alameda County A-1 Bond funds for this Project, the City’s financial commitment will be reduced to $28,958,479. This financial commitment is contingent upon the Developer’s successful award of Low Income Housing Tax Credits from the California Tax Credit Allocation Committee by August 2026.

The term of this loan is:

Borrower: EAH Inc., or its Assignee
Term: 55 years, unless required by other lenders to be 75 years Interest Rate: 3 percent simple interest; payments from City's pro-rata share of project surplus cash flow
Exhibit B
City Commitment for 4300 San Pablo Avenue Intergeneration Housing Development April 21, 2026

1 0
3 7
3 The City looks forward to continuing to work with Developer towards the project’s successful completion. Please contact Valerie F. Bernardo, Economic Development and Housing Manager, with any questions at [email protected].

Sincerely,
LaTanya Bellow
City Manager