City of Emeryville Page 1 of 5
Members:
Mayor Sukhdeep Kaur
Vice Mayor Matthew Solomon
Council Member David Mourra
Council Member Kalimah A. Priforce
Council Member Courtney Welch
CITY OF EMERYVILLE
AGENDA
CITY COUNCIL
Emeryville City Hall
1333 Park Avenue
Emeryville, CA 94608
(510) 596-4300 phone
(510) 450-7831 fax
www.emeryville.org
Tuesday, May 05, 2026 6:30 PM - Special Meeting
7:00 PM - Regular Meeting Council Chambers
This meeting is being conducted in-person at
1333 Park Avenue, Emeryville, California
Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
Public comment for Council agenda items can be submitted online via our written comment card at www.emeryville.org/citycouncil. Written comments can also be submitted by email to [email protected] or to the City Clerk at [email protected]. If you would like to support, oppose, or otherwise comment on an upcoming agenda item, please send in your comments prior to the meeting.
The link below allows public viewing of the meeting (no public comment via Zoom):
Please click the link below to join the webinar:
https://emeryvilleorg.zoom.us/j/87538025733?pwd=yYvioTQU20qlrnKvTuUCPBPDwZgoJw.2gHBn3g6qAYEnlIb Passcode: 567638
Telephone: 669-900-6833
Webinar ID: 875 3802 5733
Passcode: 567638
A complete copy of the agenda packet is available for viewing at the Information Center at City Hall, located at 1333 Park Avenue, Emeryville, California, and on the city’s website at www.emeryville.org/citycouncil. The meeting is shown live on the City of Emeryville television channel (ETV), cable channel 27, and will be rebroadcast according to the published ETV schedule of programs. Council meetings will also be available to view through live media streaming accessible from the City of Emeryville website at www.emeryville.org/citycouncil.
City Council AGENDA May 05, 2026
City of Emeryville Page 2 of 5
You can subscribe to receive Emeryville City Council agendas via email by going to our website at www.emeryville.org/citycouncil. Simply fill out your information, check “City Council Agendas”, and click the “Subscribe” button.
All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. There will be no separate discussion of these items unless good cause is shown prior to the time the Council votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Presiding Officer calls for comments from those persons who are in support of or in opposition thereto. After persons have spoken, the Hearing is closed and brought back to Council level for discussion and action. There is no further comment permitted from the audience unless requested by the Council.
No animals shall be allowed at or brought in to a public meeting by any person except (i) as to members of the public or City staff utilizing the assistance of a service animal, which is defined as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability; or (ii) as to police officers utilizing the assistance of a dog(s) in law enforcement duties.
In compliance with the Americans with Disabilities Act, a person requiring an accommodation, auxiliary aid, or service to participate in this meeting should contact the City Clerk ’s Office at 510-596-4300, as far in advance as possible, but no later than 72 hours before the scheduled event. The best effort to fulfill the request will be made. Assistive listening devices are available for anyone with hearing difficulty from the City Clerk prior to the meeting and must be returned to the City Clerk at the end of the meeting.
Public Comment: Each speaker is limited to two minutes to present their comments to the City Council at each speaking opportunity. At the discretion of the Presiding Officer, time limits may be further adjusted.
The regular and special meetings of the Emeryville City Council also serve as regular or special meetings of the City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, the Community Development Commission, and the Public Finance Authority when items are listed on the agenda.
The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council or related meeting. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that would potentially violate the Fair Employment and Housing Act – i.e., statements or conduct that is hostile, intimidating, oppressive, or abusive – is per se disruptive to a meeting and will not be tolerated.
City Council AGENDA May 05, 2026
City of Emeryville Page 3 of 5
1. CALL TO ORDER - STUDY SESSION 6:30 PM
2. ROLL CALL
3. STUDY SESSION
3.1. STUDY SESSION - SB 707 AMENDMENTS TO THE BROWN ACT
4. ADJOURNMENT
1. CALL TO ORDER - REGULAR MEETING 7:00 PM
2. ROLL CALL
3. APPROVAL OF FINAL AGENDA
4. SPECIAL ORDERS OF THE DAY
4.1. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE RECOGNIZING THE 50TH ANNIVERSARY OF THE NATIONAL ORGANIZATION OF BLACK LAW
ENFORCEMENT EXECUTIVES (NOBLE)
4.2. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE RECOGNIZING MAY 2026 AS WATER SAFETY MONTH
4.3. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE RECOGNIZING MAY 14, 2026, AS BIKE TO WHEREVER DAY
4.4. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE RECOGNIZING MAY 3-9, 2026, AS PUBLIC SERVICE RECOGNITION WEEK
5. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS/REPORTS ON MEETING ATTENDANCE
6. CITY MANAGER'S REPORT
7. EX PARTE COMMUNICATIONS
8. PUBLIC COMMENT FOR CONSENT AGENDA AND ITEMS NOT ON THE AGENDA
9. CONSENT CALENDAR
9.1. ALL ORDINANCES DEEMED READ BY TITLE ONLY AND ALL FURTHER READING WAIVED
9.2. ACTION MINUTES OF THE APRIL 21, 2026, CLOSED SESSION
9.3. ACTION MINUTES OF THE APRIL 21, 2026, CITY COUNCIL MEETING
9.4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE
CITY OF BERKELEY TO PROVIDE ANIMAL CONTROL SERVICES IN AN AMOUNT City Council AGENDA May 05, 2026
City of Emeryville Page 4 of 5
NOT TO EXCEED $167,948 FOR FISCAL YEAR 2026-27, $172,987 FOR FISCAL YEAR 27-28, AND $178,177 FOR FISCAL YEAR 2028-29
9.5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE
AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO
THE PROFESSIONAL SERVICE CONTRACT WITH WEST COAST CODE
CONSULTANTS INC. TO INCREASE THE CONTRACT AMOUNT BY $240,000 FOR A TOTAL CONTRACT AMOUNT OF $1,165,455.00 FOR BUILDING DIVISION SERVICES, AND AMENDING THE FISCAL YEAR 2025-2026 OPERATING BUDGET TO INCREASE BUILDING REVENUES BY $189,380, APPROPRIATING $50,620 FROM THE COMMUNITY DEVELOPMENT TECHNOLOGY FUND (FUND 268), AND INCREASING PROFESSIONAL SERVICES EXPENDITURES BY $240,000.
10. PUBLIC HEARINGS
11. ACTION ITEMS
11.1. RECOMMENDED STATE LEGISLATIVE POSITIONS
12. DEPARTMENT HEAD REPORTS
12.1. ANNOUNCEMENT OF COMMISSION/COMMITTEE VACANCIES
12.2. Community Development Director’s Report on Planning Commission Actions at the April 23, 2026, meeting:
(a) 1264 Ocean Avenue Tree Removal (TREE25-001). Consideration of a Tree Removal Permit to allow the removal of one Raywood Ash (Fraxinus angustifolia ‘Raywood’) tree on the north side of Ocean Avenue between Doyle Street and Vallejo Street, to allow for a new residential driveway. CEQA Status: This project is exempt from environmental review under State CEQA Guidelines Section 15301(c) which applies to minor alterations to existing streets, sidewalks, and similar facilities; Section 15304(b), which applies to new gardening and landscaping; and the “common sense exemption” at Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposal may have a significant effect on the environment. General Plan Land Use Designation: Medium Density Residential; Zoning Designation: Medium Density Residential (RM) and North Hollis District (N-H). (Applicant/Owner: Gunkel Architecture/Conrad Kong) (APN: 49-1469-008).
(b) Housing Element Implementation: Program LL (GPA 26-001 and ORD26-002) - Consideration of a recommendation to the City Council to approve a General Plan Amendment and an amendment to Title 9 (Planning Regulations) of the Emeryville Municipal Code to implement Program LL of the approved 2023-2031 Housing Element by eliminating the bonus FAR in the lowest category of the Maximum Floor Area Ratios Map (Figure 2-3) by replacing “0.5/1.0” with “1.0/No Bonus;” and to eliminate the bonus density in the lowest category of the Maximum Residential Densities Map (Figure 2-6) by replacing “20/35” with “35/No Bonus.” CEQA Status:
Pursuant to State CEQA Guidelines Section 15162 and 15164, the City Council adopted an addendum to the General Plan EIR when it approved the 2023-2031 Housing Element, and the proposed amendments implement the Housing Element and are thus within the scope of activities analyzed by the Addendum and the General Plan EIR. Further, the proposed amendments are exempt from CEQA pursuant to Public Resources Code Section 21080.085 because they implement the schedule of actions City Council AGENDA May 05, 2026
City of Emeryville Page 5 of 5
in an approved Housing Element.*
*This item is scheduled for City Council review on May 19, 2026
13. FUTURE AGENDA ITEM REQUESTS
14. ADJOURNMENT
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City of Emeryville
C A L I F O R N I A
M E M O R A N D U M
DATE: May 5, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: April Foran, City Clerk
SUBJECT: STUDY SESSION - SB 707 AMENDMENTS TO THE BROWN ACT
RECOMMENDATION
Staff recommends that the City Council receive a presentation on the changes to the Brown Act and provide direction regarding some of the implementation points.
BACKGROUND
On October 3, 2025, Governor Gavin Newsom signed SB 707 into law, enacting major amendments to the Ralph M. Brown Act. The legislation restructures and expands the statutory framework governing public access to and remote participation in local government meetings. It also creates several new subcategories of legislative bodies and imposes greater public access requirements for those bodies, makes amendments to conform the Brown Act to the Americans with Disabilities Act (ADA), and adds various other requirements such as verbal salary disclosure on executive and department head compensation.
DISCUSSION
Provisions Effective January 1, 2026
SB 707 had several requirements that went into effect on January 1, 2026. Staff have already implemented these into their procedures. They include:
▪ Distribution of a copy of the Brown Act to all elected and appointed officials serving on legislative bodies, including all advisory bodies.
▪ Making a verbal report prior to final action on salaries, salary schedules, or fringe benefits for local agency executives and department heads.
The legislation also made changes that staff have implemented but have not yet been formalized in the Rules of Procedure (ROP). An amendment to the City Council ROP is scheduled for the June 2, 2026, City Council meeting, followed in July by an amendment to the Local Boards, Commissions and Committees ROP. These amendments and changes include:
Remote Participation by Members of Legislative Bodies
SB 707 Brown Act Amendments
City Council Meeting | May 5, 2026
▪ Consolidation of alternative teleconferencing procedures previously under emergency and “Just Cause” rules. Additional “Just Cause” exceptions were added allowing a member of a legislative body to attend a meeting remotely due to an immunocompromised family member, a physical or family medical emergency, or military service that prevents in-person attendance. The legislation also clarifies the requirement for two-way audiovisual or telephonic access for public comment during meetings where a member participates using alternative teleconferencing procedures, and requires a list of available meeting locations be provided. Members are still required to use both audio and video technology to participate remotely, and the minutes of the meeting must specify the provision of the just cause exception the member used to participate remotely. As the City Council meets two times per month, members are limited to using the “Just Cause” exception five meetings per year.
▪ Permitting a legislative body to conduct a teleconference meeting during a proclaimed local emergency, in addition to a state emergency. The City Council must determine, by majority vote, that meeting in-person would present “imminent risks to the health and safety of attendees.” The findings must be made every 45 days during the state of emergency.
▪ Permitting members (both City Council and all advisory bodies) to participate remotely as a reasonable accommodation for a disability under the ADA. Remote participation by a member with a disability accommodation counts toward meeting quorum. Members who wish to request a disability accommodation under the ADA must contact the City Clerk. The City Clerk will work with the advisory body secretary to ensure a reliable remote option is available at the meeting location and advise them that a member will be participating remotely. Members participating in meetings remotely with an accommodation must use both audio and video (unless they are unable because of the disability) and disclose the presence of anyone 18 and older and their relationship at each meeting.
Eligible Subsidiary Body
SB 707 also allows regular remote participation (teleconferencing) by members for a category of advisory bodies, called eligible subsidiary bodies. Staff is not recommending the City Council implement this category of teleconferencing for a variety of reasons explained below.
The definition of an eligible subsidiary body under SB 707 is one that serves exclusively in an advisory capacity, does not take final action, and does not have primary oversight for elections, budgets, police oversight, public libraries, or taxes. Additionally, elected officials who are members of an eligible subsidiary body may not appear remotely unless they follow traditional teleconferencing rules. In Emeryville, this excludes the Planning Commission, Budget Advisory Committee, and all City Council Committees from teleconferencing. There are several other requirements that subsidiary bodies must follow to meet via teleconference:
SB 707 Brown Act Amendments
City Council Meeting | May 5, 2026
▪ A physical meeting location with at least one staff member must be open to the public
▪ The City Council must make the following findings by majority vote that the eligible subsidiary body may meet by teleconference initially and then every six months:
▪ The City Council has considered the circumstances of the eligible subsidiary body ▪ Teleconference meetings would enhance public access and the public has been apprised of remote participation for public comment
▪ Teleconference meetings would promote the attraction, retention, and diversity of body members
▪ The subsidiary body must approve the use of teleconferencing by majority vote ▪ Members must use both audio and video technology to participate in the meetings (unless excluded by an accommodation or a technological issue).
Additionally, an eligible subsidiary body may request to present any recommendation it develops to the City Council, and the City Council must put the item on the action calendar in the next 60 days. While the item may be discussed, no action may occur until the item is heard at the next regular meeting.
Staff does not recommend that the City Council allow eligible subsidiary bodies to meet remotely for the following reasons:
▪ Staff safety – An open and public physical meeting location with at least one staff member is required for remote meetings. This potentially means that a single staff person is alone in an unlocked and unoccupied building in the evening, with the public entering to make public comment.
▪ Inequity among Advisory Bodies - This would create inequity among the advisory bodies as some would be disqualified because of their subject matter jurisdiction Budget Advisory Committee) or their member composition (Council Committees – can only use traditional teleconferencing rules).
▪ Advisory body recommendation requirements – The rules require the City Council to consider subsidiary body recommendations on a strict timeline and in a very prescriptive manner. This takes flexibility away from the City Council for agenda setting and gives more authority to subsidiary bodies.
▪ Other local agencies – An Alameda County City Clerk poll earlier in the year indicated that no cities in Alameda County planned to recommend that their eligible subsidiary bodies meet remotely.
Provisions Effective July 1, 2026
SB 707 has other requirements that are effective July 1, 2026. Staff will be implementing these new procedures at or prior to the July 7, 2026, City Council meeting.
SB 707 Brown Act Amendments
City Council Meeting | May 5, 2026
Eligible Legislative Bodies and Public Access/ Meeting Transparency SB 707 defines an “eligible legislative body,” to include the following:
• A city council of a city with a population of 30,000 or more. • A city council of a city located in a county with a population of 600,000 or more.
The population of Alameda County is over 1.6 million so the City Council is an eligible legislative body.
All eligible legislative body meetings are required to include an opportunity for the public to attend remotely via a two-way telephonic or two-way audiovisual platform. The City Council will use Zoom webinar to meet this requirement. The Zoom link to the meeting, log-in information, and a telephone number for call-in participants is provided on each agenda, and as required, automatic captioning will be enabled during each meeting.
Technology Disruption Policy
As an eligible legislative body, the City Council is required to adopt a policy on disruption of telephonic or internet service at meetings. The policy must provide for recessing, reconvening, and the good faith efforts that were made to restore service. If there is a technological disruption, the City Council must recess until service is restored, or for at least one hour. If service is not restored after an hour, upon reconvening, the Council may continue the meeting if it makes findings that continuing the meeting outweighs the public interest in remote access.
A draft policy is provided as Attachment A to this report. Staff recommends it be placed as Appendix A in the City Council’s Rules of Procedure. The policy will be included in the amended ROP for adoption at the Council meeting on June 2, 2026.
Language Access and Interpretation
Eligible legislative bodies are required to translate and post meeting agendas in all “applicable languages.” “Applicable languages” means languages, according to the data from the most recent American Community Survey, spoken jointly by 20 percent or more of the population, provided that 20 percent or more of the population that speaks the language in the city speaks English less than “very well.” Emeryville has no agenda translation requirements under this provision.
Public Access Webpage
SB 707 requires at the City create and maintain an accessible webpage dedicated to public meetings that includes or links to:
▪ A general explanation of the public meeting process
▪ An explanation of how to provide in-person or remote comment or written public comment
▪ A calendar of all public meetings and their time/date/location ▪ A link to posted agendas
The City’s homepage must include a prominent link to the public meeting webpage. The City of Emeryville already has a prominent link to City Council agendas. This page will SB 707 Brown Act Amendments
City Council Meeting | May 5, 2026
be updated and renamed “Public Meeting Information.” Staff will add all the required information to the page, much of which exists on each agenda now. Information about how to request agendas and documents through govdelivery will move to a more prominent place on the page as required.
Interpretation and Outreach
SB 707 requires that the City reasonably assist members of the public who wish to translate a meeting or receive interpretation, so long as it is not disruptive. Assistance may include arranging space for interpreters, allowing extra time for interpretation to occur, or allowing the use of personal equipment. There is no requirement to provide an interpreter at meetings.
The City Council must also make reasonable efforts to encourage groups that don’t traditionally participate in public meetings to attend those meetings. Possible groups include media serving non-English speakers, and good government, civil rights, civic engagement, neighborhood and community organizations. The City Council has broad discretion over meeting outreach requirements and staff encourages the Council Members to identify any group that they would like invited to meetings.
Public Location for Agenda and Translation Posting
The City Council must provide a physical location that is accessible to the public, near the location where agendas are posted, for posting of agenda translations by the public.
The city is not responsible for the content, accuracy, or posting of translations. Staff recommends including a disclaimer regarding content on the board.
Currently, the Emeryville Municipal Code (EMC) identifies three posting locations for agendas in the City:
2-8.01 Posting Locations.
The following public places located in the City are hereby designated as the three (3) public places for the posting of notices:
(a) Emeryville Senior Center, located at 4321 Salem Street, Emeryville, California; (b) Police Administration Building, located at 2449 Powell Street, Emeryville, California; and
(c) Emeryville Fire Station No. 2, located at 6303 Hollis Street, Emeryville, California.
Staff recommends amending the EMC by adopting an Ordinance identifying one centralized posting location at the Civic Center, 1333 Park Avenue. The Public Works Director has identified a suitable location to install a locked posting board on the front of the building for all City Council and Advisory Body agendas. An open public posting board would be installed next to the secured cabinet.
Making the change to one agenda and notice posting location would allow staff to monitor public postings and prevent the location from being an unlimited public forum.
The Senior Center is recommended as a secondary posting location for convenience and accessibility, but it would be removed from the EMC as a required posting location.
SB 707 Brown Act Amendments
City Council Meeting | May 5, 2026
FISCAL IMPACT
The only known fiscal impact at this time is the installation of a new agenda posting board at the Civic Center. The Public Works Director has identified a section of wall on the front of the building to which posting boards could be affixed to accommodate all City agendas and a smaller board available for public translations. The cost for installation, time, and materials is estimated to be approximately $4,000.
STAFF COMMUNICATION WITH THE PUBLIC
There has been no staff communication with the public related to this item.
CONFLICT OF INTEREST
There is no conflict of interest related to this item.
CONCLUSION
Staff is requesting Council direction on allowing eligible subsidiary bodies (certain advisory bodies) to meet virtually. Staff does not recommend this option for the reasons outlined in the report.
Staff is also requesting Council direction on amending the Municipal Code to change the agenda posting location to the Civic Center. If Council provides that direction, staff will move forward with the purchase and installation of a new posting board.
Next Steps
May 19, 2026, City Council Meeting
▪ First Reading of an Ordinance to Amend the Agenda Posting Locations in EMC
2.8.01. June 2, 2026, City Council Meeting
▪ Second Reading of Ordinance (effective July 3, 2026)
▪ Amendment to the City Council Rules of Procedure with all of the new Brown Act requirements and the Technology Disruption Policy
July 7, 2026, City Council Meeting
▪ New Brown Act rules in effect
▪ Amendment to the Advisory Body Rules of Procedure
PREPARED BY: April Foran, City Clerk
ATTACHMENTS
▪ Attachment A – Policy for Disruption of Remote Access Services Policy for Disruption of Telephonic or Internet Service During Meetings Background
Senate Bill 707 (2025) amended the Ralph M. Brown Act (Brown Act) to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from participating remotely. The Emeryville City Council is an eligible legislative body and adopts this policy to comply with that requirement and to ensure continuity of public participation during technical disruptions.
Purpose
This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City of Emeryville City Council, as required by the Brown Act (Government Code section 54953.4). The policy ensures transparency, public participation, and the continuation of meetings during technological disruptions.
Definitions
“Service Disruption” means any failure, outage, or other interruption to the agency’s remote access services that prevents members of the public from participating in the City Council meeting through the remote access service.
“Remote access service” means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings. “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service.
“Two-way telephonic platform” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate.
Applicability
This policy applies to all open and public meetings of the City Council at which remote public participation is offered or required under the Brown Act.
Procedures in the Event of a Service Disruption
Response to Service Disruption
If the Mayor, presiding officer, or City Clerk becomes aware of a service disruption to the City’s remote access services that prevent members of the public from attending or observing the meeting remotely:
City of Emeryville City Council Rules of Procedure Appendix A Policy for Disruption of Telephonic or Internet Service During Meetings
1. The Mayor, presiding officer, or City Clerk shall immediately announce the service disruption to the public.
2. The Mayor or presiding officer shall call for a recess of the open session and may convene the City Council in closed session, consistent with the Brown Act.
3. The meeting shall remain in recess for at least one hour or until service is restored, whichever occurs first.
4. During the recess, agency staff shall make a good faith effort to diagnose and restore the disrupted service. This effort may include troubleshooting the software, resetting or replacing audiovisual equipment, attempting alternative connection methods, and contacting necessary support staff, as appropriate to the disruption.
The City Clerk shall document the restoration efforts undertaken.
Reconvening the Open Session
If service has not been restored after one hour, the Mayor or presiding officer shall report on the status of staff’s efforts to restore remote access services, and the City Council may reconvene to:
1. Adjourn or continue the meeting to a later date;
2. Extend the recess to allow staff more time to make a good faith effort to restore remote access services; or
3. Continue the meeting in open session by adopting, by roll call vote, the following or a substantially similar finding:
“The City of Emeryville has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.”
Upon adoption of the finding, the City Council may continue the meeting in open session despite the fact that remote access services have not been restored.
Recordkeeping
The Clerk shall enter a brief statement into the meeting minutes, including:
• The nature and time of the service disruption;
• The time the meeting was reconvened (if applicable);
• Any finding adopted pursuant to Section “Reconvening the Open Session”.
Review and Updates
This policy may be amended by the City Council at a noticed public meeting in open session and may not be placed on the consent calendar.
City of Emeryville Page 1 of 3
Members:
Mayor Sukhdeep Kaur
Vice Mayor Matthew Solomon
Council Member David Mourra
Council Member Kalimah A. Priforce
Council Member Courtney Welch
CITY OF EMERYVILLE
MINUTES
CITY COUNCIL
SPECIAL CLOSED SESSION
Emeryville City Hall
1333 Park Avenue
Emeryville, CA 94608
(510) 596-4300 phone
(510) 450-7831 fax
www.emeryville.org
Tuesday, April 21, 2026 6:30 PM Council Chambers
1. CALL TO ORDER
The meeting was called to order at 6:30 p.m.
2. ROLL CALL
Present: Mayor Sukhdeep Kaur, Vice Mayor Matthew Solomon, Council Member David Mourra, Council Member Kalimah Priforce, Council Member Courtney Welch
Absent: None
3. EX PARTE COMMUNICATIONS
No ex parte communications were reported.
4. PUBLIC COMMENT (on Closed Session items only)
0 speakers.
5. CLOSED SESSION - CITY OF EMERYVILLE
5.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
5.1.1. Rochelle Conner v. City of Emeryville, et al., U.S.D.C.
Case No. C22-08867
5.1.2. Ana Biocini v. City of Emeryville, et al., Alameda Superior Court Case No. 24CV058820
Claim of Ana Biocini, EM 2023-09
City Council MINUTES April 21, 2026
City of Emeryville Page 2 of 3
5.1.3. Mariama Sadio v. City of Emeryville, et al., Alameda County Superior Court, Case No. 24CV091400
Claim of Mariama Sadio, EM 2024-06
5.1.4. Andrew Marowitz v. City of Emeryville, et al., Alameda County Superior Court, Case No. 24CV085590
Claim of Andrew Marowitz, EM 2024-02
5.1.5. Ayman Badr v. City of Emeryville, et al., Alameda County Superior Court, Case No. 25CV107544
Claim of Ayman Badr - Late Filed Claim
5.1.6. City of Emeryville, et al. v. Donald Trump, et al., U.S.
District Court Case No. 25-CV-01350-WHO
5.1.7. Dorothy McCarter v. City of Emeryville, et al., Alameda County Superior Court, Case No. 25CV114389
Claim of Dorothy Carter - EM2024-09
5.1.8. Jonathan Peterson v. California Highway Patrol, City of Emeryville, et al., Alameda County Superior Court, Case No. 25CV133985
Claim of Jonathan Peterson - EM2024-01
5.1.9. Beverley Anderson v. City of Emeryville, et al., Alameda Superior Court Case No. 25CV158436
Claim of Beverley Anderson, EM 2025-14
5.1.10. Noah Gebremedhin Woo, et al v. City of Emeryville, et al., Alameda Superior Court Case No. 25CV142917
Claims of Noah Gebremedhin Woo and Senait
Gebremedhin, EM 2025-08 and EM 2025-09
5.1.11. Joseph Hill v. City of Emeryville, et al., Alameda Superior Court
Case No. 25CV152780
Claim of Joseph Hill – Non-Jurisdictional Filed Claim
5.2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section 54956.8:
5.2.1. Property: 4300 San Pablo Avenue, Emeryville, CA (APN 49-1079-014-01)
Agency Negotiators: LaTanya Bellow, City Manager; John
Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville and EAH, Inc.
Under Negotiations: Direction regarding price and terms of real estate negotiations.
City Council MINUTES April 21, 2026
City of Emeryville Page 3 of 3
6. REPORTING OUT OF CLOSED SESSION
City Attorney John Kennedy stated that there were no reportable actions taken.
7. ADJOURNMENT
The meeting adjourned at 7:08 p.m.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at a meeting of the Emeryville City Council.
/s/ April Foran, CMC
City Clerk
5.3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION - Government Code Section 54956.9(d)(4):
One Potential Case.
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City of Emeryville Page 1 of 4
Members:
Mayor Sukhdeep Kaur
Vice Mayor Matthew Solomon
Council Member David Mourra
Council Member Kalimah A. Priforce
Council Member Courtney Welch
CITY OF EMERYVILLE
MINUTES
CITY COUNCIL
Emeryville City Hall
1333 Park Avenue
Emeryville, CA 94608
(510) 596-4300 phone
(510) 450-7831 fax
www.emeryville.org
Tuesday, April 21, 2026 7:00 PM Council Chambers
1. CALL TO ORDER - REGULAR MEETING 7:00 PM
The meeting was called to order at 7:08 p.m.
2. ROLL CALL
Present: Mayor Sukhdeep Kaur, Vice Mayor Matthew Solomon, Council Member David Mourra, Council Member Kalimah Priforce, Council Member Courtney Welch
Absent: None
3. APPROVAL OF FINAL AGENDA
MOVED by Welch and SECONDED by Solomon
RESULT: Passed [5 TO 0]
AYES: Kaur, Solomon, Mourra, Priforce, Welch
NOES: None
4. SPECIAL ORDERS OF THE DAY
4.1. CERTIFICATE OF RECOGNITION: ISLAMIC CULTURAL CENTER OF NORTHERN
CALIFORNIA
4.2. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE RECOGNIZING NATIONAL CRIME VICTIMS’ RIGHTS WEEK
4.3. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE RECOGNIZING APRIL 22, 2026, AS EARTH DAY
City Council MINUTES April 21, 2026
City of Emeryville Page 2 of 4
4.4. PRESENTATION: EMERYVILLE POLICE DEPARTMENT 2025 ANNUAL REPORT 1 speaker.
5. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS/REPORTS ON MEETING ATTENDANCE Council Member Priforce thanked the Mayor and staff for their efforts at the Alameda County Mayors’ Conference. Mayor Kaur expressed thanks to staff for their efforts at the Alameda County Mayors’ Conference and to the Council Members who were able to attend. Mayor Kaur attended a Conference on the Status of Women.
6. CITY MANAGER'S REPORT
7. EX PARTE COMMUNICATIONS
No ex parte communications were reported.
8. PUBLIC COMMENT FOR CONSENT AGENDA AND ITEMS NOT ON THE AGENDA 1 speaker.
9. CONSENT CALENDAR
MOVED by Solomon and SECONDED by Welch approve the Consent Calendar RESULT: Passed [5 TO 0]
AYES: Kaur, Solomon, Mourra, Priforce, Welch
NOES: None
9.1. ALL ORDINANCES DEEMED READ BY TITLE ONLY AND ALL FURTHER READING WAIVED
9.2. WARRANTS
9.3. ACTION MINUTES OF THE APRIL 7, 2026, CITY COUNCIL MEETING
9.4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3) YEAR AGREEMENT TO PAY THE CITY OF OAKLAND FOR LIBRARY SERVICES IN THE FOLLOWING AMOUNTS: FISCAL YEAR 2026- 2027, ONE HUNDRED FORTY FIVE THOUSAND EIGHT HUNDRED SIXTY ONE DOLLARS ($145,861), FISCAL YEAR 2027-2028, ONE HUNDRED FIFTY THREE THOUSAND ONE HUNDRED FIFTY FOUR DOLLARS ($153,154) AND FISCAL YEAR 2028-2029, ONE HUNDRED SIXTY THOUSAND EIGHT HUNDRED TWELVE HUNDRED DOLLARS ($160,812)
9.5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING THE MEETING LOCATION OF THE COMMISSION ON AGING; AND AMENDING THE FY2025-26
LOCAL ROSTER OF BOARDS, COMMISSIONS AND COMMITTEES ACCORDINGLY
9.6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ACKNOWLEDGING
RECEIPT OF THE REPORTS FROM THE ALAMEDA COUNTY FIRE DEPARTMENT OF FIRE INSPECTIONS FOR THE CALENDAR YEAR 2025
City Council MINUTES April 21, 2026
City of Emeryville Page 3 of 4
9.7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AUTHORIZING THE
CITY MANAGER TO EXECUTE A SECOND AMENDMENT AGREEMENT WITH THE COUNTY
OF ALAMEDA THAT GOVERNS THE PROVISION OF EMERGENCY MEDICAL SERVICES
AND FIRST RESPONDER ADVANCED LIFE SUPPORT (FRALS) FOR THE TERM OF JULY 1, 2019 TO JUNE 30, 2029
9.8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ACCEPTING THE FINAL DESIGN PROPOSAL FROM SIJIA CHEN OF SIJIA CHEN STUDIO FOR THE 40TH
STREETSCAPE PUBLIC ART PROJECT AND WAYFINDING SIGNAGE
9.9. FISCAL YEAR 2025 AFFORDABLE HOUSING EXPENDITURE PLAN AND HOUSING
PROGRAM ANNUAL REPORT
9.10. 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
9.11. 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)
9.12. 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)
10. PUBLIC HEARINGS
10.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ESTABLISHING UPDATED DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2026-2027 The Public Hearing opened at 8:01 p.m.
1 speaker.
The Public Hearing closed at 8:03 p.m.
MOVED by Solomon and SECONDED by Welch
City Council MINUTES April 21, 2026
City of Emeryville Page 4 of 4
RESULT: Passed [5 TO 0]
AYES: Kaur, Solomon, Mourra, Priforce, Welch
NOES: None
11. ACTION ITEMS
11.1. 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))
Economic Development & Housing Manager Valerie Bernardo made a presentation and answered Council Member questions.
3 speakers.
MOVED by Solomon and SECONDED by Welch
RESULT: Failed [2 TO 3]
AYES: Solomon, Welch
NOES: Kaur, Mourra, Priforce
12. DEPARTMENT HEAD REPORTS
12.1. ANNOUNCEMENT OF COMMISSION/COMMITTEE VACANCIES
City Clerk April Foran announced that the Advisory Body Annual recruitment application deadline was extended to May 1, 2026.
13. FUTURE AGENDA ITEM REQUESTS
Council Member Mourra requested and received majority support for an item to explore other options for development at 4300 San Pablo after the contract expires with the current developer.
14. ADJOURNMENT
The meeting adjourned at 10:01 p.m.
I HEREBY CERTIFY that the foregoing minutes were duly adopted at a meeting of the Emeryville City Council.
/s/ April Foran, CMC
City Clerk
City of Emeryville
C A L I F O R N I A
M E M O R A N D U M
DATE: May 5, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Jeff Jennings, Police Chief
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE CITY OF BERKELEY TO PROVIDE ANIMAL
CONTROL SERVICES IN AN AMOUNT NOT TO EXCEED $167,948 FOR FISCAL YEAR 2026-27, $172,987 FOR FISCAL YEAR 27-28, AND $178,177 FOR FISCAL YEAR 2028-29
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to enter into an agreement with the City of Berkeley to provide Animal Control Services in an amount not to exceed $167,948 for Fiscal Year 2026-27, $172,987 Fiscal Year 27-28 and $178,177 for Fiscal Year 2028-29.
BACKGROUND
The California Penal Code and the Emeryville Municipal Code establish legal requirements for police officers to take action in various situations involving animals.
These statutes address circumstances such as providing care for injured animals and responding to incidents involving vicious or dangerous dogs.
In 2023, the City of Piedmont terminated its contract with the City of Emeryville for animal control services after it ceased staffing dedicated Animal Control Officers.
Following this change, Emeryville evaluated alternative service options and entered into an agreement with the City of Berkeley to assume responsibility for animal control services on Emeryville’s behalf.
The City of Emeryville currently contracts with the City of Berkeley to provide animal control services for Fiscal Years 2023–24 through 2025–26. The total cost to Emeryville under the three-year agreement is $235,548.
DISCUSSION
Animal control resources in surrounding jurisdictions are limited, with many agencies no longer staffing dedicated Animal Control Officers. This had made it difficult for smaller jurisdictions to provide consistent services.
The City of Berkeley maintains a staffed and established Animal Services Division with the expertise and infrastructure needed to handle animal emergencies, enforce laws, Animal Control Services
City Council Meeting | May 5, 2026
and manage shelter resources. Contracting with Berkeley allows Emeryville to meet its legal obligation and community needs without the cost of creating a standalone program, including dedicated staff, ensuring reliable and fiscally responsible services.
Staff have negotiated an agreement with the City of Berkeley to provide the following services on behalf of the City of Emeryville:
• Shelter and feed animals brought to the Berkeley Animal Shelter by employees of the Emeryville Police Department or by residents of the City of Emeryville. • Quarantine animals, as necessary, for rabies observation for and on behalf of the City of Emeryville and its residents.
• Euthanize, only in rare cases when necessary and after the legal holding period, animals brought to the Berkeley Animal Shelter by the City of Emeryville. • Disposal of deceased animals brought to Berkeley Animal Care Services (BACS) by employees or residents of the City of Emeryville.
• Respond to calls from the City of Emeryville about deceased, injured, and biting animals and provide animal control field services as necessary.
Staff propose entering into that attached three-year agreement with the City of Berkeley effective July 1, 2026, as the City’s current agreement with the City of Berkeley terminates on June 30, 2026.
FISCAL IMPACT
The recent loss of subsidized funding, which had previously helped offset expenses associated with animal intakes, has contributed to a significant rise in operational costs.
Between FY 2023-24 and FY 2025-26, Emeryville-related animal intakes covered by BACS subsidies totaled $268,297.10.
The City’s adopted two-year budget allocates $91,171 for animal services in FY 2026/27, with projected funding of $93,907 in FY 2027/28 and $96,724 in FY 2028/29.
However, the proposed contract with the City of Berkeley exceeds these budgeted amounts, primarily due to increased service demands, escalating veterinary costs, and the elimination of prior subsidies that once reduced the City’s financial burden. The proposed FY2026/27 Mid-Year Budget (Mid-Biennial Budget Update) will include an adjustment of approximately $77,000, contingent on the approval of this agreement.
The next biennial budget will also reflect the increased cost of the agreement.
STAFF COMMUNICATION WITH THE PUBLIC
Staff has communicated with City of Berkeley staff regarding animal control service costs and agreement.
CONFLICT OF INTEREST
None.
Animal Control Services
City Council Meeting | May 5, 2026
CONCLUSION
Staff recommends that the City Council authorize the City Manager to enter into a three (3) year agreement with the City of Berkeley for animal control services for FY 2026/27 – FY2028/29 for an amount not to exceed $519,112.
PREPARED BY: Pablo Rojas, Police Lieutenant
ATTACHMENTS
▪ Draft Resolution
➢ Exhibit A – Professional Services Contract
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE
CITY OF BERKELEY TO PROVIDE ANIMAL CONTROL SERVICES IN AN AMOUNT NOT TO EXCEED $167,948 FOR FISCAL YEAR 2026-27, $172,987 FOR FISCAL YEAR 27-28, AND $178,177 FOR FISCAL YEAR 2028-29
WHEREAS, California law requires that cities provide animal care and control services for the prompt and humane care of injured animals; and
WHEREAS, the Berkeley Police Department operates an animal care and control program which includes dedicated animal control officers; and WHEREAS, Emeryville has previously contracted with the City of Berkeley to provide animal care and control services for the Emeryville Police Department and the residents of Emeryville since 2023; and
WHEREAS, Emeryville has determined that the City of Berkeley is the most suitable local entity to assist with animal care and control services, and Berkeley is willing to continue to provide such services under an agreement with the City; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville authorizes the City Manager to enter into an agreement with the City of Berkeley to provide Animal Control Services for an amount not to exceed $167,948 For Fiscal Year 2026-27, $172,987 For Fiscal Year 27-28, And $178,177 For Fiscal Year 2028-29.
Resolution No. _____
Animal Control Services
City Council Meeting | May 5, 2026
ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held May 5, 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.
REV06/2025
THIS PROFESSIONAL SERVICES CONTRACT (“Contract”) is effective as of ____________________ (the “Effective Date”), by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and THE CITY OF BERKELEY (“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 Animal Control Services; 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 JUNE 30, 2029. The Parties may, by mutual, written consent, extend the term of this 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 FIVE HUNDRED
NINETEEN THOUSAND ONE HUNDRED AND TWELVE DOLLARS AND NO CENTS ($519,112.00), except as outlined in Section 2.3 above. The compensation for Services performed shall be as set forth in Exhibit A. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying and microcomputer time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service.
Docusign Envelope ID: C3A85DF6-2B17-4C35-9362-857C0AED0206 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: C3A85DF6-2B17-4C35-9362-857C0AED0206 City of Emeryville | Professional Services Contract
REV06/2025
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: C3A85DF6-2B17-4C35-9362-857C0AED0206 City of Emeryville | Professional Services Contract
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4.6 Conflicts of Interest
The Contractor covenants and declares that, other than this Contract, it has no holdings or interests within the City of Emeryville, nor business holdings, contracts or agreements with any official, employee or other representative of the City. For the duration of this Contract, in the event the Contractor or its principals, agents or employees acquire such a holding, interest, contract, or agreement within the City of Emeryville or with any official, employee or representative of the City in the future, the Contractor will immediately notify the City of such holding, interest, contract, or agreement in writing.
4.7 Confidentiality
The Contractor agrees that such reports, information, opinions or conclusions shall not be made available to or discussed with any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether deemed confidential or not.
4.8 Discrimination Prohibited
The Contractor covenants and agrees that in performing the Services required under this Contract, the Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability, except as provided in section 12940 of the Government Code.
4.9 Licenses, Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Services contracted for under this Contract.
All work performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals.
4.10 Key Personnel
All of the individuals listed in Exhibit A are necessary for the successful prosecution of the Services due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team without the City’s approval. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Contract and shall be grounds for termination.
Docusign Envelope ID: C3A85DF6-2B17-4C35-9362-857C0AED0206 City of Emeryville | Professional Services Contract
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4.11 Authority to Contract
The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Contract, if applicable.
4.12 Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the Services to be performed by the Contractor (“Materials”) shall be and are the property of the City and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment.
4.13 City Labor Requirements
4.13.1 Compliance
At the Effective Date, compliance with the City’s living wage ordinance is required / not required for this Contract. If this Contract provides for compensation to Contractor of $25,000 or more within a single fiscal year for providing Services to the City, then Contractor shall comply with the requirements of the City’s Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Contractor is a governmental entity, (ii) this Contract is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Contract is subject to federal or state laws or regulations that would preclude the application of the City’s laws.
4.13.2 Applicability
Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Contract for all employees of Contractor who perform at least twenty-five percent (25%) of the work arising from this Contract, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to Section 5-31.08 of the Emeryville Municipal Code. Contractor shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten (10) working days following a written request for such documentation and information from the City.
4.13.3 Non-Compliance
Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Contractor for back pay, reinstatement and Docusign Envelope ID: C3A85DF6-2B17-4C35-9362-857C0AED0206 City of Emeryville | Professional Services Contract
REV06/2025
compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.
4.13.4 Living Wage
Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than $18.00 PER HOUR (which is subject to increase annually on July 1st to reflect the twelve-month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.
4.13.5 Minimum Wage and Paid Sick Leave
In addition to the Living Wage Ordinance, the Contractor may be required to comply with the City’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance, as set forth in Chapter 37 of Title 5 of the Emeryville Municipal Code, to the extent it is applicable.
4.14 California Labor Requirements
Contractor is aware of the requirements of California Labor Code Section 1720 et seq. and corresponding regulations, which require the payment of prevailing wage rates and the performance of other requirements on “public works” projects (“Prevailing Wage Laws”). If the Services constitute “public works” under Labor Code Section 1720 et seq. and any corresponding regulations, Contractor agrees to fully comply with all applicable Prevailing Wage Laws, including, but not limited to, the payment of prevailing wages if the Services exceed $1,000 and the requirements set forth in this Section. 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 applicable 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). Contractor must post all job site notices required by laws and regulations pursuant to Labor Code Section 1771.4.
4.14.1 Registration
Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing Services subject to Prevailing Wage Laws must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain Docusign Envelope ID: C3A85DF6-2B17-4C35-9362-857C0AED0206 City of Emeryville | Professional Services Contract
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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.
4.14.2 Prevailing Wages
Each worker performing Services under this Contract that is covered under Labor Code Section 1720, 1720.3, or 1720.9, must be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR.
Pursuant to Labor Code Section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.
4.14.3 Legal Day’s Work
Pursuant to Labor Code Section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code Section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code Section 1815.
4.14.4 Certified Payroll
Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code Sections 1771.4, 1776, and 1812, and all implementing regulations promulgated by the DIR. For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code Sections 1771, 1811, and 1815. Unless the Contract is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, or to the Division of Apprenticeship Standards of the DIR, as further specified in Labor Code Section 1776.
4.14.5 Apprentices
If the Contract is for $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code Section 1777.5.
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4.14.6 Labor Compliance Oversight
This Contract is subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the DIR 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 DIR against Contractor or any subcontractor.
4.14.7 Workers’ Compensation
Pursuant to the requirements of Section 1860 of the California Labor Code, Contractor will be required to secure the payment of compensation to his or her 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.”
4.14.8 Event of Default
Failure by Contractor to comply with any provision of this Section, if applicable, 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.
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.
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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 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 Docusign Envelope ID: C3A85DF6-2B17-4C35-9362-857C0AED0206 City of Emeryville | Professional Services Contract
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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 Pedro Jimenez for the City and Mike St. Pierre for the Contractor:
CITY CONTRACTOR
Pedro Jimenez, Assistant City Manager
Phone No: 510-596-3770
E-Mail : [email protected]
Mike St. Pierre, Animal Services Manager
Phone No: 510-981-6600
E-Mail : [email protected]
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
LaTanya Bellow, City Manager
1333 Park Ave
Emeryville, California 94608
Phone No: 510-596-4371
E-Mail : [email protected]
with a copy to:
Pedro Jimenez
1333 Park Ave
Emeryville, California 94608
Phone No: 510-596-3770
E-Mail : [email protected]
Paul Buddenhagan
2180 Milvia Street
Berkeley, Ca 94704
Phone No: 510-981-7000
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 Docusign Envelope ID: C3A85DF6-2B17-4C35-9362-857C0AED0206 City of Emeryville | Professional Services Contract
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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.
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: CITY OF BERKELEY
(Signature)
Paul Buddenhagen, City Manager
Attach:
W-9 Form
Attach:
Business License Certificate
Docusign Envelope ID: C3A85DF6-2B17-4C35-9362-857C0AED0206 04/28/2026
Exhibit A
Scope of Services
A. The City of Berkeley shall provide the following services to and on behalf of the City of Emeryville:
❖ Shelter and feed animals brought to the Berkeley Animal Shelter by employees of the City of Emeryville Police Department or by residents of the City of Emeryville ❖ Euthanize, after the legal holding period and only as necessary, animals brought to the Berkeley Animal Shelter by the City of Emeryville.
❖ Quarantine animals, as necessary, for rabies observation for and on behalf of the City of Emeryville and its residents.
❖ Disposal of deceased animals brought to Berkeley Animal Care services by employees or residents of the City of Emeryville.
❖ Respond to calls from the City of Emeryville about deceased, injured, and bite animals, and provide necessary field service.
B. The City of Emeryville agrees to:
❖ Provide all necessary pre-shelter and after-hours veterinary care through direct arrangements with clinics and/or emergency veterinarians. In the event that a City of Berkeley ACO picks up the injured animal, the City of Emeryville will advise which clinic to take the animal to.
❖ Reimburse the City of Berkeley for the actual costs of providing care, plus an administrative fee of 15%, if the City of Emeryville fails to provide the necessary preshelter veterinary care. ❖ Make payments to the City of Berkeley in which annual fees are due under this agreement on or before June 30th of each calendar year. ❖ Not bring healthy wildlife to the Berkeley Animal Shelter under any circumstances. ❖ Not deliver to the shelter in excess of 15 animals in a period of a day, or more than 30 animals per week unless prior arrangements have been made between both parties. ❖ Be responsible for payment of testing fees for rabid animals. In the event that an animal must be immediately euthanized upon delivery to the shelter, a Berkeley Animal Shelter employee will humanely euthanize the animal and obtain the specimen required by the laboratory, however, it will be up to the City of Emeryville to pursue any necessary testing and taking delivery of said specimen to the laboratory. ❖ Follow the procedures for bringing an animal to Berkeley Animal Care Services, including all required paperwork and history.
❖ Responsible for their own record keeping of Emeryville animals brought to BACS. ❖ Oversee all aspects of the licensing of animals residing in the City of Emeryville.
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❖ Enforce and uphold the mandatory spay or neutering of all animals being returned to their owners, pursuant to Emeryville Municipal Code 6-1.304 and Berkeley Municipal Code
10.4.206. In the event that the animal owner requests a hearing, it shall be the responsibility of the City of Emeryville to schedule and conduct the hearing.
C. Under the agreement, the City of Berkeley shall not be obligated to provide any of the following services:
❖ Emergency veterinary care (pre-shelter or after hours). ❖ Patrolling of the City of Emeryville by a Berkeley Animal Care Services ACO. ❖ Collection of fees penalties, or monies of any kind or on behalf of the City of Emeryville. ❖ Field Services unrelated to deceased, injured, or bite animals, for or on behalf of the City of Emeryville, including but not limited to stray animals, barking dogs, animal left in vehicle, and unattended/unleashed animals.
❖ Investigation into bite cases, pursuing dangerous dog designation, and any other follow on the animal.
❖ Maintenance of records for or on behalf of the City of Emeryville Docusign Envelope ID: C3A85DF6-2B17-4C35-9362-857C0AED0206 City of Emeryville
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E X H I B I T B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to CITY OF BERKELEY.
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: C3A85DF6-2B17-4C35-9362-857C0AED0206 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
$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
$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:
All Contract Types
Construction Specific
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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.
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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.
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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
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EXHIBIT C
PAYMENT
GENERAL: Contract amount Not to Exceed $519,112.
BILLING: The City of Berkeley shall invoice the City of Emeryville by June 30th of each calendar year and the invoice shall be due and payable to the City of Berkeley by July 31st of each calendar year.
PAYMENTS: The City of Emeryville shall pay the City of Berkeley for all services rendered under this Contract the amount of $167,948 for fiscal year 2027, $172,987 for fiscal year 2028, and $178,177 for fiscal year 2029 for a total Contract amount not to exceed $519,112, regardless of fees and charges of any kind, which the City of Berkeley receives pursuant to the aforementioned schedule for animal shelter services.
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Exhibit D
City of Berkeley Addendum
This City of Berkeley Addendum forms part of the Contract, and in the case of any conflict or inconsistency between the terms and provisions of this City of Berkeley Addendum and any other provision of the Contract, the terms of this City of Berkeley Addendum shall control. Notwithstanding anything to the contrary in any other provision for the Contract, for purposes of this City of Berkeley Addendum, references to “Berkeley” shall mean the City of Berkeley and references to “Emeryville” shall mean the City of Emeryville.
1. Conflicts of Interest.
a. In accordance with Government Code section 1090, Berkeley City Charter section 36 and Berkeley Municipal Code (“B.M.C.”) Chapter 3.64, neither Emeryville nor any employee, officer, director, partner or member of Emeryville, or immediate family member of any of the preceding, shall have served as an elected officer, an employee, or a Berkeley board, committee or commission member, who has directly or indirectly influenced the making of this Agreement.
b. In accordance with Government Code section 1090 and the Political Reform Act, Government Code section 87100 et seq., no person who is a director, officer, partner, trustee, employee or consultant of the Emeryville, or immediate family member of any of the preceding, shall make or participate in a decision made by Berkeley or a Berkeley board, commission or committee, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Emeryville.
c. Interpretation of this section shall be governed by the definitions and provisions used in the Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64.
2. Berkeley Equal Benefits Ordinance.
a. Emeryville hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C.
Chapter 13.29. If Emeryville is currently subject to the Berkeley Equal Benefits Ordinance, as indicated by the Equal Benefits Certification form, attached hereto, Emeryville will be required to provide all eligible employees with City mandated equal benefits, as defined in B.M.C. Chapter 13.29, during the term of this contract, as well as comply with the terms enumerated herein. b. If Emeryville is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Emeryville agrees to provide Berkeley with all records Berkeley deems necessary to determine compliance with this provision.
These records are expressly subject to the auditing terms described in Section 17 of this contract. c. If Emeryville fails to comply with the requirements of this Section, Berkeley shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. d. Emeryville’s failure to comply with this Section shall constitute a material breach of the Contract, upon which Berkeley may terminate this contract pursuant to Section 3. In the event Berkeley terminates this contract due to a default by Emeryville under this provision, Berkeley may deem Emeryville a nonresponsible bidder for not more than five (5) years from the date this Agreement is terminated. e. In addition, at Berkeley’s sole discretion, Emeryville may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Emeryville’s failure to provide its employees with equal benefits will result in damages being sustained by Berkeley; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Emeryville’s breach. Berkeley may deduct any assessed liquidated damages from any payments otherwise due Emeryville.
3. Insurance.
a. Emeryville shall maintain at all times during the performance of this Agreement a commercial general liability insurance policy with a minimum occurrence coverage in the amount of $2,000,000 (two million dollars); and an automobile liability insurance policy in the minimum amount of $1,000,000 (one million Docusign Envelope ID: C3A85DF6-2B17-4C35-9362-857C0AED0206
dollars) to cover any claims arising out of Emeryville’s performance of services under this Agreement. All insurance, except professional liability, shall name Berkeley, its officers, agents, volunteers and employees as additional insureds and shall provide primary coverage with respect to Berkeley. b. All insurance policies shall: 1) provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said policies except upon thirty (30) days written notice to Berkeley’s Contract Administrator; 2) be evidenced by the original Certificate of Insurance, specifying the required coverage and the insurance carrier’s standard additional insured form endorsement; and 3) be approved as to form and sufficiency by Berkeley’s Contract Administrator. The original insurance certificates and all extensions to the insurance certificates should be sent to the address identified below. c. If the commercial general liability insurance referred to above is written on a Claims Made Form then, following termination of this Agreement, coverage shall survive for a period of not less than five years.
Coverage shall also provide for a retroactive date of placement coinciding with the effective date of this Agreement.
d. If Agreement employs any person, it shall carry workers’ compensation and employer’s liability insurance and shall provide a certificate of insurance to Berkeley. The workers’ compensation insurance shall: 1) provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance except upon thirty (30) days written notice to Berkeley’s Contract Administrator; 2) provide for a waiver of any right of subrogation against Berkeley to the extent permitted by law; and 3) shall be approved as to form and sufficiency by the Contract Administrator. e. Emeryville shall forward all insurance documents to:
Paul Buddenhagen, City Manager
City of Berkeley
2180 Milvia Street
Berkeley, CA 94704
[email protected]
4. Audit. Pursuant to Section 61 of the Berkeley City Charter, the City Auditor’s Office may conduct an audit of Emeryville’s financial, performance and compliance records maintained in connection with the operations and services performed under this Agreement. In the event of such audit, Emeryville agrees to provide the City Auditor with reasonable access to Emeryville’s employees and make all such financial, performance and compliance records available to the Auditor’s Office. Berkeley agrees to provide Emeryville an opportunity to discuss and respond to any findings before a final audit report is filed.
Docusign Envelope ID: C3A85DF6-2B17-4C35-9362-857C0AED0206 City of Emeryville
C A L I F O R N I A
M E M O R A N D U M
DATE: May 5, 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 EXECUTE A SECOND
AMENDMENT TO THE PROFESSIONAL SERVICE CONTRACT WITH
WEST COAST CODE CONSULTANTS INC. TO INCREASE THE
CONTRACT AMOUNT BY $240,000 FOR A TOTAL CONTRACT
AMOUNT OF $1,165,455.00 FOR BUILDING DIVISION SERVICES, AND AMENDING THE FISCAL YEAR 2025-2026 OPERATING BUDGET TO
INCREASE BUILDING REVENUES BY $189,380, APPROPRIATING
$50,620 FROM THE COMMUNITY DEVELOPMENT TECHNOLOGY
FUND (FUND 268), AND INCREASING PROFESSIONAL SERVICES
EXPENDITURES BY $240,000.
RECOMMENDATION
Staff recommend that the City Council adopt the attached resolution authorizing the City Manager to execute a Second Amendment to the Professional Services Contract with West Coast Code Consultants (WC3) to increase the total contract amount by $240,000 for previously unbudgeted Building Division services. The Resolution also authorizes corresponding increases in both revenues and expenditures in the Fiscal Year 2025- 2026 Operating Budget to reflect increased building permit revenue and the increased building division professional services expenditures.
BACKGROUND
On June 17, 2025, the City Council adopted Resolution No. 25-059 authorizing the execution of a contract with WC3to provide building permit plan check, counter services and building inspection services (Building Division Services) for Fiscal Years 2025-2026 and 2026-2027 in an amount not to exceed $844,455 (Attachment 1).
On September 2, 2025, the City Council adopted Resolution No. 25-085 authorizing the execution of the First Amendment to the Professional Services Contract with WC3 for interim Chief Building Official services, increasing the total contract amount by $81,000 to an as-amended total contract amount of $925,455.
Since then, building permit activity has exceeded expected levels in Fiscal Year 2025- 2026, necessitating an increase in both expenditures for Building Division Services and building permit revenues. Additionally, the implementation of the City’s new Enterprise Permitting and Licensing (EPL) software system has increased demand for Building Division counter services.
Second Amendment of Contract with West Coast Code Consultants City Council Meeting | May 5, 2026
DISCUSSION
Amendment of the Professional Services Contract with WC3 is required to provide continued Building Division Services for the remainder of Fiscal Year 2025-2026. Higher than expected building permit applications have been submitted which include plan review services. Although plan review fees are collected for this service at building permit application, the increased demand exceeds the current contract amount designated for these services. An additional impact has been a significant amount of contract plan reviewer time has been required to assist with configuration of the new EPL permitting software system.
The implementation of the new EPL permitting software has also placed an increased demand on the City’s Permit Technician/Plan Checker’s time. Requesting WC3counter support has proved essential to provide dedicated time for EPL configuration and testing for permitting functions.
Combined, these increased demands on Building Division Services through increased permitting activity and implementation of EPL software necessitate a contract amendment for increased Building Division Services, a budget amendment to the revenues and expenditures associated with building permits, as well as an appropriation from the Community Development Technology Fund (Fund 268) for the costs of EPL implementation.
FISCAL IMPACT
The following table outlines the current Fiscal Year 2025-2026 Operating Budget revenues and expenditures and proposed amendments.
Revenues
Account FY26 Budget
current
Proposed
amendment
FY26 Budget
proposed
1730-58200 Building Permits 379,133 60,867 440,000
1730-58250 Plumbing Permits 57,443 12,557 70,000
1730-58300 Electrical Permits 74,549 35,451 110,000
1730-58350 Mechanical
Permits
55,150 18,850 74,000
1730-58400 Plan Checking 265,120 34,880 300,000
268-58960 Technology Fee 29,225 26,775 56,000
Total Revenues Adjustment 189,380
Second Amendment of Contract with West Coast Code Consultants City Council Meeting | May 5, 2026
Appropriation
268 Comm. Dev. Technology
Fund to Transfer to the General
Fund
50,620
Total Revenues + Appropriation 240,000
Expenditures
1730-80045 In House Counter
Svc.
106,026 30,000 136,026
1730-80480 Prof. Svc. Plan
Check
200,000 70,000 270,000
1730-80490 Prof. Svc.–
Inspections
195,000 140,000 335,000
Total Expenditures Adjustment 240,000
The proposed budget amendment increases the appropriation for various professional services within the General Fund (Fund 101) for the Community Development Department by $240,000. The increased expenditures are offset by an increase of $189,380 in revenue projections in the General Fund for various permits and a transfer of $50,620 from the Community Development Technology Fund (Fund 268) to the General Fund.
STAFF COMMUNICATION WITH THE PUBLIC
There has been no communication with the public on this issue.
CONFLICT OF INTEREST
None.
CONCLUSION
Staff recommends the City Council authorize the budget amendment and execution of the Second Amendment to the contract with WC3 to provide continued support services to the Building Division for ongoing plan review and in-house Permit Technician counter service for the remainder of Fiscal Year 2025-2026.
PREPARED BY: Jason C. Williams, Chief Building Official/ Fire Code Official Second Amendment of Contract with West Coast Code Consultants City Council Meeting | May 5, 2026
ATTACHMENTS
▪ Attachment A – 1st Amendment to Professional Services Contract with West Coast Code Consultants
▪ Draft Resolution
o Exhibit A- 2nd Amendment to Professional Services Contract with West Coast Code Consultants
City of Emeryville
C A L I F O R N I A
PROFESSIONAL SERVICES CONTRACT
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV01/ 2025
FIRST AMENDMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT Amendment”) is effective as of ____________________ (the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and WEST COAST CODE CONSULTANTS, INC. (“Contractor”), individually referred to as a Party” and collectively as the “Parties”.
WITNESSETH THAT
WHEREAS, the City and Contractor entered into a Professional Services Contract dated August 14, 2025 (“Contract”) for the purpose of retaining the services of Contractor to provide Building Division Services; and
WHEREAS, the Contract includes the provision of other Building Division Services as deemed necessary by the City; and
WHEREAS, the City’s Chief Building Official retired as of July 11, 2025, and the City requires Interim Chief Building Offical Services until a replacement Chief Buiding Official is identified; and
WHEREAS, due to the existing services it provides, its personnel’s unique knowledge of the City’s Building Division, and its experience in providing Interim Chief Building Official Services in the past, Contractor is ideally situated to provide Interim Chief Building Official Services to the City; and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
Docusign F4651CD67925Docusign Envelope Envelope ID: ID: 3FF23DD0- 36BB800D- B7B2- 72DF4DFD-548-B328- 9B68-9A1F33CEC267 25-85
25037E-0125-CD01
N/A
N/A
09/22/2025
Docusign Envelope ID: 6B8793E7-278B-4ECC-8FEB-6782CA6C8D47 City of Emeryville | Professional Services Contract Amendment REV01/ 2025
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-1, attached hereto and incorporated herein by this reference.
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to NEW END DATE.
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by EIGHTY ONE THOUSAND DOLLARS AND NO CENTS ($81,000.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed NINE HUNDRED
TWENTY FVE THOUSAND FOUR HUNDRED FIFTY FIVE DOLLARS
AND NO CENTS ($925,455.00).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
Docusign F4651CD67925Docusign Docusign Envelope ID: 6B8793E7-278B-4ECC-8FEB-6782CA6C8D47 Envelope Envelope ID: ID: 3FF23DD0- 36BB800D- B7B2- 72DF4DFD-548-B328- 9B68-9A1F33CEC267 City of Emeryville | Professional Services Contract Amendment REV01/ 2025
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
FIRST AMENDMENT
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: WEST COAST CODE CONSULTANTS, INC.
Signature)
Giyan Senaratne, Principal
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
Docusign Envelope ID: 3FF23DD0- 72DF-4548-B328-F4651CD67925 08/18/2025
Docusign Envelope ID: 36BB800D- B7B2-4DFD- 9B68-9A1F33CEC267 09/22/2025
Docusign Envelope ID: 6B8793E7-278B-4ECC-8FEB-6782CA6C8D47 EXHIBIT A-1
Interim Chief Building Official Scope of Work:
MANAGE AND DIRECT THE BUILDING DIVISION, INCLUDING FIRE PREVENTION Duties include overseeing, management of City staff, consultant staff, setting division goals, and implementing policies. Any of the following duties (Daily, weekly, monthly, yearly) continue to overlap, be performed concurrently as a result of deadlines, timelines, prioritization, management expectations, administration needs.
Overseeing department operations: Responsible for managing the day-to-day activities of their division, including permit processing, plan review, and inspection functions.
Developing and implementing programs: Planning, developing, and coordinating various building, code enforcement and fire safety programs.
Representing the city/jurisdiction: Interact with the public, other agencies, and industry professionals on matters related to building and fire codes and regulations.
Resolving conflicts and addressing concerns: Resolve difficult and sensitive inquiries and complaints from citizens, contractors, and other stakeholders.
Daily/Weekly
Oversee, manage and supervise daily permit counter, plan check and inspection activities.
Early morning discussion with Building and Fire inspection staff regarding code interpretation, administration, and concerns.
Respond to emails, voicemails.
Tuesdays and Thursdays, discuss plan review consultant daily activities, including disputed plan review items, interpretations and implementation for building, fire field staff. Escalate issues to Community Development Department (CDD) Director as necessary
Provide unscheduled availability for directly supervised staff for clarifications, directions for administration purposes. (open door policy, cell, email) Check personal daily schedule, prioritize management meetings, including weekly check in with CDD Director.
Assist permit front counter as necessary.
Assist, reviews architectural plans to ensure building, fire safety compliance as necessary).
Assist Deputy Fire Marshal (DFM) site inspections to verify compliance with fire regulations.
Docusign F4651CD67925Docusign Docusign Envelope ID: 6B8793E7-278B-4ECC-8FEB-6782CA6C8D47 Envelope Envelope ID: ID: 3FF23DD0- 36BB800D- B7B2- 72DF4DFD-548-B328- 9B68-9A1F33CEC267 Assist Building, inspections to verify compliance for all construction projects, ensuring they meet the requirements of the building code. This involves reviewing construction documents, such as architectural plans, structural drawings, site plans, electrical, plumbing, and mechanical plans, and fire protection drawings with applicable codes.
Interpret building codes and regulations, provide guidance, and address questions from designers, contractors, and the public.
Coordinate with Public Works inspection and engineering staff as needed on construction projects, both private developments and City-owned/sponsored projects.
Serving as a point of contact: answer questions, provide information to the public, and resolve complaints related to construction standards and code enforcement activities. (As required)
Addressing sensitive issues: handle politically sensitive issues of public interest and engage with differing opinions in a constructive manner. (All issues considered as sensitive)
Review applicants submitted, questionable building valuations for acceptance.
Review, approve, disapprove Special Inspection agencies for authorizing work and assist inspection staff.
Review, approve, disapprove plan review, expiration, extension applicant requests.
Review, approve Building Occupancy Resumption Program business(s) for property owners.
Monthly
Provide content for CDD progress report.
Attend CDD monthly meeting.
Attend Development Coordinating Committee monthly meeting, provide comments on development proposals and policy topics discussed .
Building/Fire/Code Enforcement staff meeting.
Review Division budget status.
Yearly, Continuous
Implement Building and Fire in-house policies.
Review, implement impending State laws, anticipate applicable ordinances, policies affecting code administrations.
Anticipate, review, research impending municipal code amendments, triannual code adoption process, implementation.
Docusign F4651CD67925Docusign Docusign Envelope ID: 6B8793E7-278B-4ECC-8FEB-6782CA6C8D47 Envelope Envelope ID: ID: 3FF23DD0- 36BB800D- B7B2- 72DF4DFD-548-B328- 9B68-9A1F33CEC267 Miscellaneous/as needed:
Meet with architects, engineers, developers, contractors, and property owners to discuss and resolve issues related to construction standards and code enforcement. (As required)
Order the discontinuation of use or the evacuation of a structure if it is being used contrary to code provisions or is deemed unsafe. They may also initiate actions to abate public nuisances caused by dangerous buildings.
Provide testimony, depositions in legal matters related to building code violations.
Review, maintain official records of building, permitting, and inspection activities, including approvals, inspections, and notices issued.
Monitor changes in regulations and technology that may affect operations and implement necessary policy and procedural changes.
Institute appropriate actions to prevent unlawful construction, restrain or correct violations, prevent illegal occupancy, or stop illegal business activities.
Assist Alameda County Fire Department (ACFD) DFM for investigating the cause, origin, and circumstances of any fire, or other hazardous condition.
Oversee management of Fire records of approvals and inspections, including notices and orders issued.
Assist ACFD DFM for inspection of properties for fire hazards and deficiencies in fire protection systems, and orders abatement of conditions that pose an immediate hazard to life or property.
Docusign F4651CD67925Docusign Docusign Envelope ID: 6B8793E7-278B-4ECC-8FEB-6782CA6C8D47 Envelope Envelope ID: ID: 3FF23DD0- 36BB800D- B7B2- 72DF4DFD-548-B328- 9B68-9A1F33CEC267 City of Emeryville
C A L I F O R N I A
REV 08/ 2020 Page 1 of 5
EXHIBIT B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to WEST COAST CODE CONSULTANTS, 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 F4651CD67925Docusign Docusign Envelope ID: 6B8793E7-278B-4ECC-8FEB-6782CA6C8D47 Envelope Envelope ID: ID: 3FF23DD0- 36BB800D- B7B2- 72DF4DFD-548-B328- 9B68-9A1F33CEC267 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 F4651CD67925Docusign Docusign Envelope ID: 6B8793E7-278B-4ECC-8FEB-6782CA6C8D47 Envelope Envelope ID: ID: 3FF23DD0- 36BB800D- B7B2- 72DF4DFD-548-B328- 9B68-9A1F33CEC267 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 F4651CD67925Docusign Docusign Envelope ID: 6B8793E7-278B-4ECC-8FEB-6782CA6C8D47 Envelope Envelope ID: ID: 3FF23DD0- 36BB800D- B7B2- 72DF4DFD-548-B328- 9B68-9A1F33CEC267 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 F4651CD67925Docusign Docusign Envelope ID: 6B8793E7-278B-4ECC-8FEB-6782CA6C8D47 Envelope Envelope ID: ID: 3FF23DD0- 36BB800D- B7B2- 72DF4DFD-548-B328- 9B68-9A1F33CEC267 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 F4651CD67925Docusign Docusign Envelope ID: 6B8793E7-278B-4ECC-8FEB-6782CA6C8D47 Envelope Envelope ID: ID: 3FF23DD0- 36BB800D- B7B2- 72DF4DFD-548-B328- 9B68-9A1F33CEC267 RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE
AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO
THE PROFESSIONAL SERVICES CONTRACT WITH WEST CODE CONSULTANTS INC. TO INCREASE THE CONTRACT AMOUNT BY $240,000 FOR A TOTAL CONTRACT AMOUNT OF $1,165,455.00 FOR BUILDING DIVISION SERVICES WHEREAS, over the past several fiscal years, the City of Emeryville has maintained contract services for plan checking, building inspection, project coordination, and other support services such as front counter coverage during City staff vacation and absences (“Building Division Services”); and
WHEREAS, through a competitive Request for Proposals process conducted in 2023, West Coast Code Consultants (“WC3”) was found to be the best qualified firm to provide Building Division Services to the City; and
WHEREAS, on June 17, 2025, the City Council adopted Resolution No. 25-059 authorizing the execution of a contract with WC3 to provide Building Division Services in Fiscal Years 2024-2025 and 2025-2026 for an amount not to exceed $844,455; and WHEREAS, on September 2, 2025, the City Council adopted Resolution No. 25-05 authorizing the execution of the First Amendment to the Professional Services Contract with WC3, increasing the total contract amount by $81,000, for total contract amount of $925,455 for interim Chief Building Official Services; and WHEREAS, building permit activity in Fiscal Year 2025-2026 has exceeded estimates upon which the Fiscal Year 2025-2026 Operating Budget was based; and WHEREAS, the implementation of a new Enterprise Permitting and Licensing (“EPL”) software platform has increased the need for counter service support; and WHEREAS, costs associated with increased building permit activity and EPL implementation necessitate an amendment of the Professional Services Contract with WC3 to allow for the continued provision of Building Division Services through Fiscal Year 2025-2026; and
WHEREAS, WC3 has performed Building Division Services to the City’s satisfaction and has extensive knowledge of the City’s Building Division programs and policies; and WHEREAS, staff and WC3 have negotiated the terms of a Second Amendment to the Professional Services Agreement for WC3 to provide Building Division Services through June 30, 2026 for an amount not to exceed $240,000.00; and WHEREAS, the City has determined that specialized knowledge, skills, and training are necessary to render the services contemplated hereunder; and WHEREAS, the City of Emeryville has determined that WC3is qualified by training and experience to render such services, and WC3 has agreed to provide such services; and Resolution No. _____
Second Amendment to Contract with West Coast Code Consultants City Council Meeting | May 5, 2026
WHEREAS, the public interest will be served by this contract; now, therefore, be it RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute the Second Amendment to the Professional Services Contract with West Coast Code Consultants, Inc., in substantial form attached hereto as Exhibit A, to provide Building Division Services and increase the contract amount by $240,000 for a total contract amount of $1,165,455; and, be it, further RESOLVED, that the City Council of the City of Emeryville hereby authorizes the amendment of the Fiscal Year 2025-2026 Operating Budget to (1) increase General Fund (Fund 101) building permit revenues by $189,380 as shown in the table below; (2) appropriate $26,775 from available fund balance to increase projected revenue in Fund 268 for Technology Fee and transfer $50,620 to General Fund (Fund 101) account 1730- 80480 Prof. Svc. – Plan Check within the Community Development Department and (3) increase appropriations within the General Fund, Community Development Department, Building Division, for various professional services accounts as shown in the table below; and, be it, further
Fund/Account Increase Revenue/Expenditures
Fund 101, 1730-58200 Building Permits $60,867
Fund 101, 1730-58250 Plumbing Permits $12,557
Fund 101, 1730-58300 Electrical Permits $35,451
Fund 101, 1730-58350 Mechanical Permits $18,850
Fund 101, 1730-58400 Plan Checking $34,880
Fund 268, 58960 Technology Fee $26,775
Fund 101, 1730-80045 In House Counter Svc. $30,000
Fund 101, 1730-80480 Prof. Svc. – Plan Check $70,000
Fund 101, 1730-80490 Prof. Svc. – Inspections $140,000
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to make further amendments to the Professional Services Contract with West Coast Code Consultants, Inc. provided such amendments do not materially increase the City’s obligations thereunder.
Resolution No. _____
Second Amendment to Contract with West Coast Code Consultants City Council Meeting | May 5, 2026
Resolution No. _____
Second Amendment to Contract with West Coast Code Consultants City Council Meeting | May 5, 2026
ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held May 5, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
▪ Exhibit A – Second Amendment to Professional Services Contract with West Coast Code Consultants
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
SECOND AMENDMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of ____________________ (the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and WEST COAST CODE CONSULTANTS (“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 and Contractor entered into a Professional Services Contract dated August 14, 2025 (“Contract”) for the purpose of retaining the services of Contractor to provide plan review, inspections, project coordination, counter coverage; and
WHEREAS, a midyear budget appropriation is necessary as plan review and in-house counter coverage services have exceeded the expected allocation. Building permit submittals are higher than expected, resulting in additional plan review services. In addition, the implementation and configuration of the E.P.&L permitting system has demanded uninterrupted time for full time counter service staff requiring additional contract help for coverage of counter service.
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A- ;
OR
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Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-0002, attached hereto and incorporated herein by this reference.
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to .
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by TWO HUNDRED FORTY THOUSAND DOLLARS AND NO CENTS ($240,000.00). The total
amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed ONE
MILLION ONE HUNDRED SIXTY FIVE THOUSAND FOUR HUNDRED
FIFTY FIVE DOLLARS AND NO CENTS ($1,165,455.00).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
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6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
SECOND AMENDMENT
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: WEST COAST CODE CONSULTANTS, INC.
(Signature)
Giyan Senaratne, West Coast Code Consultants
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
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PROJECT CONTACTS:
Attn: Victor Gonzales
Chief Building Official/Fire Code Official
City of Emeryville, Building Division
1333 Park Avenue
Emeryville, CA 94608
E: [email protected]
P: (510) 596-4359
Giyan Senaratne, PE, SE, LEED AP - Principal / CEO
12647 Alcosta Boulevard, Suite 445 I San Ramon, CA 94583 P: (925) 275-1700 I C: (925) 766-5600 I E: [email protected] Eric Schneiderjohn, PE, CASp - Client Manager / Sr. Plan Review Engineer 12647 Alcosta Boulevard, Suite 445 I San Ramon, CA 94583 P: (925) 275-1700 I C: (925) 786-3443 I E: [email protected] www.WC-3.com
EXHIBIT A-0002
West Coast Code Consultants, Inc.
mailto:Eric@
WC-3.com
mailto:Giyan@
WC-3.com
http://
www.wc-3.com
/
mailto:vgonzales@em
eryville.org
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Scope of Services
Statement of Understanding to Scope of Work
WC3 strives to adapt to the styles and requirements of every jurisdiction we serve. Each community is unique, and our staff is trained to provide individualized support for each of our clients. For all services proposed, WC3 should act as an agent of the Chief Building Official, working in the best interest of the City of Emeryville and its citizens. We are confident in our ability to perform the duties outlined by the City of Emeryville, including but not limited to the following services:
• Plan Review • Project Management
• Inspection • Permit Counter
Furthermore, WC3's array of services will include all, or part, of the following Plan Review, Inspection, Project Management and Permit Counter activities. For clarity, we have provided our firm's responses and information in an easy to read, table format:
CITY OF EMERYVILLE REQUIREMENT WC3 RESPONSE
Plan review services, field inspections and project management shall be provided as follows:
Conduct pre-submittal meetings for development WC3 Principal/CEO, Mr. Giyan Senaratne, PE, SE, LEED AP and 1 Client Manager, Mr. Eric Schneiderjohn, PE, CASp will be available projects. at the City of Emeryville offices two (2) days a week for presubmittal meetings and any other tasks assigned by the CBO. 2 Attend construction development meetings as Similar to item No. 1 above, Mr. Senaratne and Mr. Schneiderjohn necessary. will be available to attend construction development meetings. 3 Provide project management. Mr. Senaratne and Mr. Schneiderjohn will provide project management services.
In-house over-the-counter plan check services are
WC3 project managers, Mr. Giyan Senaratne and Mr.
4 expected for a minimum of two days a week and Schneiderjohn, will be working at the City of Emeryville offices inspection services on a daily basis. two (2) times a week and they will provide in-house plan review services as necessary.
5 Ability to provide electronic plan review. Mr. Senaratne, or Mr. Schneiderjohn will pick up plans from the City of Emeryville within 24-hours of notification.
Plans shall be reviewed for structural design and
compliance with the California Building, Plumbing and
6 Mechanical Codes, the National Electrical Code, Title WC3 will review plans for all requested disciplines. 24 Accessibility and Energy, Green Building Standards Code, City ordinances and all applicable California
amendments.
A list of identified deficiencies, including the referenced code sections, shall be issued no later than fifteen (15) 7 working days from the date the plans are received. If a WC3 will review plans within the time frames established by the longer time is necessary for review of portions of the City of Emeryville. plans, the Chief Building Official/Fire Code Official shall be notified at the earliest possible time.
(Continued)
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Scope of Services (Continued)
The ability to provide expedited plan reviews as WC3 will provide expedited plan check services upon request of 8 requested (plan review comments or permit approval the City of Emeryville. Plan review comments or permit approval within 3-5 business days). will be completed on expedited reviews within 3-5 business days.
Copies of all plan check comments shall be sent directly to the architect of record with a copy to the Emeryville WC3 will send plan review comments and all other Chief Building Official/Fire Code Official and Permit 9 Technician. Copies of all other correspondence from correspondence directly to the architect of record with a copy to the plans examiner to the applicant shall be sent to the the City of Emeryville Chief Building Official and designated staff.
Chief Building Official/Fire Code Official.
The time for subsequent review of corrected plans
10 shall be ten working days. If a longer time is required, WC' will recheck plans within the time frames established by the the Chief Building Official/Fire Code Official shall be City of Emeryville. notified.
All items on the plan review correction list that cannot be resolved by the plan check engineer and the WC'will refer all plan review items that cannot be resolved to the 11 architect of record shall be referred to the Chief Building Official/Building Code Official for a final Chief Building Official. resolution.
Once the plans have been reviewed and found to be in
conformance with all applicable codes, the plan check
engineer shall sign each sheet of the plans. The plan check WC'will transfer approved plans, with appropriate signatures, to 12 engineer shall then return two complete sets of approved the City of Emeryville. plans and related documents to the Emeryville Building Division and shall retain one complete, approved set for future reference.
Once the permit has been issued and the project is
underway the plan check engineer shall continue to WC' project managers Mr. Senaratne and Mr. Schneiderjohn will be 13 provide services for the project. All changes in plans, working at the City of Emeryville offices two (2) times a week and shop drawings, new details, etc. shall be reviewed they will continue to provide plan review services for revisions to within the time frame requested by the Chief Building approved plans.
Official/Fire Code Official.
Mr. Senaratne, PE, SE, LEED AP, and Mr. Schneiderjohn PE, CASp, 14 Provide permit counter plan check services for a and other plan review staff will be working at the City of Emeryville minimum of two days per week. offices (2) times a week and will be performing over-the-counter plan reviews.
15 Provide a minimum of one senior combination field WC3 will provide contract field inspectors and code enforcement inspection staff. officers to perform field inspections and code enforcement daily. 16 Provide other services as deemed necessary by the WC' staff, as they have done for the past seventeen years, will Chief Building Official/Building Code Official. perform all duties assigned by the Chief Building Official. 17 Provide Building Division permit counter services as WC' Permit tech staff will be providing counter services on as necessary. needed basis.
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Scope of Services (Continued)
Approach to Services and Scope of Work
WC3 understands that the City's need for Plan Review, Inspection, Project Management and Permit Counter services may vary, depending on City's staff capacity and capability to complete the services described in a thorough and timely manner. Our firm is proposing to full each service on a full-time, part-time, or on-call basis as required to address surges in work flow. The following presents a service plan describing WC3's understanding of each task and an outline of the method proposed to provide the services requested.
Plan Review Services
WC3 is proposing to provide the following scope of building plan review services by both supplying staff to work in-house at the City's offices twice a week, and by performing plan reviews at our San Ramon Corporate Office, whichever the City deems appropriate.
• Life Safety Plan Review • CAL Green Plan Review
• Structural Plan Review • Geotechnical Report Review
• Electrical Plan Review • CASp Plan Review
• Mechanical Plan Review • Historical Building Code Plan • Plumbing Plan Review • Fire Code Plan Review
• Energy (Title 24) Plan Review • LEED Review Assistance • ReScape California • Civil Engineering Review
(Bay Area Friendly - Rating
Assistance)
When Plan Review services are to be completed off-site at our own location(s), WC3 will fulfill the scope of work associated with Plan Review as outlined in the table below:
Incoming Project
Incoming Project
WC3 Processing
OFF SITE PLAN REVIEW PROCESS & METHODOLOGY
► cw ► ► ► ►
WC3 Processing Plan Check Communication Recheck Approval • WC3
typically serves jurisdictions with electronic plan submittals, accepting and delivering plans back and forth via email attachments as well as links to electronically formatted documents stored elsewhere. WC3 will adapt to any preferred software or systems of the City of Emeryville. • An account information file, specific to the City is created to identify items inherent and of interest to the City. This file will be maintained and utilized during each and every project, ensuring potential concerns are always addressed.
• Upon notification of projects and receipt/download of electronic plan submittal, projects are uploaded and logged into WC3
's own internal eProcess360 software platform and Client/ Regional Managers are automatically notified to begin the plan check process. (Continued)
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Scope of Services (Continued)
• WC3 will check submitted documents for completeness; inform the City of any missing information; review plans to understand the scope and task; identify significant code items Plan Check and discuss important items with associated staff. • Client/Regional Manager will assign WC3 plan examiner staff and monitor progress . • Client/Regional Manager will quality check all comments before release to the City . • WC3 understands that all plan review comments are subject to the review by the City . • Review comments will have plan sheet numbers, detail numbers, and code sections . • WC3will work with the City of Emeryville's preferred method of communication and be available via email, phone or in-person for meetings, etc.
Communication • The City will always have the same points of contact for WC3 .
• The comment structure in our plan review comment lists will be easily transitioned into the format of the City's preference.
• Copies of all plans check comments and all other correspondence from the plans examiner to the applicant shall be sent directly to the City of Emeryville via email. • Documents are resubmitted to begin the recheck process. WC3 requires a written response addressing each and every plan check item or comment.
• Rechecks will be assigned to the same plans examiner who performed original review . • Any new comments to be included during the recheck cycle will be brought to the attention of Recheck the Client/Regional Manager.
• All plans examiners are encouraged to call and to resolve concerns, rather than adding additional corrections and comment lists.
• Rechecks are performed quickly and timely. Our turnaround schedule is highlighted in the upcoming section regarding "Plan Review Schedule Adherence" • Plan review approval will not be recommended to the City until all code compliance issues are resolved, and all permit issuance requirements of the department are satisfied.
Approval • WC3 is flexible and will meet all City of Emeryville project approval requirements, including but not limited to, "Plans Examiner of Record" approval stamps, electronic submittals, paper/hard copies, quantity of copies, pick-up/delivery and more.
PLAN REVIEW SCHEDULE ADHERENCE
WC3
comprehensive plan reviews are performed in a prompt and expeditious manner to meet our jurisdictional clients' needs. WC3 is able to commit to performing plan review deliverables within timeline expectations that were suggested in the RFP. When workloads get tight, WC3 is able take advantage of schedule availability in additional Regional Offices and benefit from the knowledge and expertise shared across multiple disciplines. All turnaround times are specified from the day they are received in our San Ramon Corporate Office and for extraordinarily complex projects, WC3 will immediately contact the City of Emeryville and agree on an appropriate response time prior to starting the review.
INITIAL RECHECK EXPEDITED RECHECK
(Business Days) (Business Days) (Business Days) (Business Days) New Construction, Additions & Remodels 10 5 3-5 3
New Multi-Family Projects 10 5 3-5 3
Commercial Projects (Small) 10 5 3-5 3
Commercial Projects (Large/Complex)* 10-15 5-10 5-10 5-10 * Typical turnaround times for large/complex projects are 10-15 days for first reviews and 5-10 days for re-checks.
The City will be contacted, and an appropriate response time will be negotiated on a case by case basis. (Continued)
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Scope of Services (Continued)
EXPEDITED APPROACH TO PLAN REVIEW SERVICES
Expedited or accelerated plan review can be accommodated upon request at any time from the City of Emeryville. The expedited plan review process is a means to accelerate initial plan reviews by experienced plans examiners, and when it comes to expedited plan review services, WC3
's typical plan review process is extremely easy to adapt. Clients simply need to submit projects according to standard protocols with a note highlighting that a project is to be expedited. In this case, the quality of WC3
's expedited plan review services does not change. WC3will allocate additional staffing as necessary, and as available, in order to meet the City's expedited deadlines. WC3 shall provide initial comments, including corrections to be made to the construction documents, within an expedited turnaround time of three to five (3-5) business days from the date the submittal was received by our team. Subsequent reviews following initial expedited reviews may also be expedited at each client's discretion; however subsequent reviews are typically completed in a timely manner and will be reviewed in the order in which they are received.
Inspection Services
All inspection personnel assigned to the City of Emeryville will be able to read, understand and interpret construction documents, prepare and maintain accurate records and reports, communicate clearly (both verbally and in writing), and work effectively with contractors, the public, and jurisdictional staff. WC3 tailors our inspection services to meet the specific needs of our clients and all of our inspectors can perform combination building inspections as well as OSHPD-3 inspections to ensure that construction complies with the applicable codes as depicted on the approved plans. Each inspector assigned will be in possession of all required certifications and the City will have the opportunity to review all candidates prior to task or project assignment.
Having worked in various jurisdictions, our inspection staff understand the inner workings of the Building Division and can assess procedures quickly. They will perform inspections and provide reports and associated services in the manner established by the City. wc3's inspectors will provide field services in accordance with the following:
• All field inspections will be performed through the City Building Division and under the direction of City staff members.
• WC3will assign personnel who are professionally qualified to perform commercial and residential construction inspection. All materials, resources, tools, and training will be provided by WC3. • Projects under construction, by permit from the City, will be inspected for compliance with all applicable state codes and local ordinances.
• WC3 staff will coordinate all inspection and re-inspection requests per established City procedures. • Our field inspectors will enter all inspection records into the CRW /Trackit permit tracking system. They will maintain all inspection records, correction notices and all documentation related to design changes for all assigned projects.
• WC3will be able to provide inspection staff for "temporary" assignments of less than two weeks duration within 24-hours of the request from the City of Emeryville. • WC3will be able to provide inspection staff for "semi-temporary" assignments of less than three months duration within one week of the request from the City of Emeryville. • WC3 will be able to provide inspection staff for assignments in excess of three months duration within two weeks of the request from the City of Emeryville.
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Scope of Services (Continued)
Project Management Services
WC3 will assign Mr. Giyan Senaratne, SE, PE, LEED AP, as the Project Manager for the City of Emeryville. He will assist the Chief Building Official, and other department heads, in any and all assignments. As he has done for the last thirty 35 plus years, Mr. Senaratne will be commit to manage all projects, coordinate with other City Departments, attend pre-construction or pre-design meetings, perform field visits, communicate with design team members, and provide support for field inspection personnel. Additionally, should the workflow demand, WC3 can assign Mr. Eric Schneiderjohn, PE, CASp, to assist in managing project for the City of Emeryville as he has done in the past.
Permit Counter Services
As needed, WC3 can furnish exceptionally qualified personnel to staff and support the City of Emeryville's front counter operations. Our staff operates as an extension of your team and understands that customer service is paramount in our industry. All of our team members are intimately familiar with the building application and permitting process and understand how critical the permit processing position is to maintain a smooth workflow in the Building Division.
• Over the Counter Plan Review Services - Mr. Giyan Senaratne, SE, PE, LEED AP, will be assigned to perform various duties, including over the counter reviews, at the City of Emeryville's front counter at least one day a week. In addition to Mr. Giyan Senaratne, WC3 proposes Mr. Eric Schneiderjohn, PE, CASp, to perform plan reviews two (2) days a week in the City of Emeryville. WC3 has other plan review staff that have experience performing over-the counter plan reviews and if needed they will be provided to serve at the front counter.
• Permit Technician Services - Our permit technicians easily step in to assist where necessary and keep the process moving. Having worked in other jurisdictions, they are familiar with the process and can assess City procedures quickly to support the public at the front counter or on the phone. They are able to review and screen permit applications and documents, route and direct projects to other departments, calculate permit fees, research project status, issue permits, and utilize the City's permit tracking system. Our technicians are acquainted with a vast array of jurisdictional permit tracking programs and will quickly adapt to the specific processes and procedures of the City of Emeryville's Building Division. We work proactively and collaboratively with applicants to help resolve issues and make the permitting process as pleasant as possible for jurisdictional customers and applicants. They are familiar with construction drawings and documents and can review them for compliance with the conditions of project approval.
They have strong computer skills and can research, compile, and prepare reports and presentation graphics as needed.
The Building Department's front counter can be hectic, but our technicians understand the public's needs and work to assist them and fellow co-workers with a professional and friendly attitude. They can also help with any other clerical duties the City may require. All candidates will be presented for the City's approval.
Currently Mr. Eric Schneiderjohn from our WC3 San Ramon Corporate Office provides in-house Permit Processing Services for the City of Emeryville twice a week and in case of short notice demands. WC3 can provide Counter Service help within an hour's notice.
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West Coast Code Consultants, Inc. (WC3
) has enclosed within, under separate cover, our Fee Proposal in regard to Building Division Services, including Plan Review, Inspection, Project Management, and Permit Counter Services.
Plan review rates are based on a percentage of the plan review fees collected by the City of Emeryville, while a listing of hourly rates additionally depicts rates proposed for all personnel assigned to this project.
WC3 Proposed Fee Schedule
for Fiscal Years 2025/2026 and 2025/26
PLAN REVIEW SERVICES - FIXED FEE RATES
Comprehensive Plan Review 70% of Plan Review Fees Collected by the City Revisions/ Deferred Submittals, RFls / ASls, Etc. As Per Hourly Rates Below Minimum Plan Review $330 (2-Hour Minimum Rate)
Expedited Plan Review 150% of Contract Rates
Electronic Plan Review/ Auto Coordination No Additional Cost
PLAN REVIEW AND IN-HOUSE PROJECT MANAGEMENT SERVICES - HOURLY RATES Giyan Senaratne, PE, SE, LEED AP $169.95 / Hour
Eric Schneiderjohn, PE, CASp $159.65 / Hour
BUILDING DIVISION SERVICES - HOURLY RATES
Project Manager $169.95 / Hour
CASp Plan Reviewer/ Inspector $169.95 / Hour
Senior Plan Review Structural Engineer (Registered SE) $164.80 / Hour Senior Plan Review Engineer (Registered PE/ FPE) $159.65 / Hour ICC Certified Senior Building Inspector (Prevailing Wage) $190.55 / Hour ICC Certified Permit Technician $100.43 / Hour
Expedited Plan Review 150% of Hourly Rates
MISCELLANEOUS SERVICES
Reimbursable Expenses At Cost+ 15%
Courier/Delivery Expenses No Additional Cost
Mileage Expenses IRS Standard Rate+ 15%
Additional notes and details are included on the subsequent page.
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* Proposed Hourly Rates - Hourly rates are typically subject to an annual increase based on a minimum 3% cost-of-living, the Engineering News Record's {ENR} Construction Cost Index {CCI}, or the Consumer Price Index - Urban {CPI-U}; whichever is greater. WC3's proposed hourly rates will be applicable through June 30, 2026.
Outside Plan Review Services - Outside complete plan review services will generally be performed from WC3 's San
Ramon Corporate Office. Plan Review services include an initial review, second review and minor third review (if needed} for approval of the plans. Any additional time required beyond the third plan review will be billed on an hourly basis, with prior approval by the City. A minimum charge of 2 hours will apply for hourly projects. Approval of any hourly charges will be obtained by the City prior to proceeding with the review.
Preliminary, Revisions and Deferred Submittals - Preliminary plan reviews, review of revisions after a project has been approved, review of shop drawings, and review of deferred submittals, etc. will be completed on an hourly basis with a minimum charge of 2 hours and a mutually acceptable not-to-exceed amount.
Expedited Plan Review - Expedited plan review may be accommodated upon request with 24 hours' notice. This service will be accommodated for both percentage based and fixed fee/contract rate packages, as well as for hourly rate contracts and services.
Electronic Plan Review - Electronic plan review services will be performed for percentage based plan review services facilitated off-site at WC3 office locations, as well for hourly plan review projects associated with in- house City services. WC3 will automatically coordinate all processes.
Prevailing Wage Assignments - Any prevailing wage assignment rates submitted to the jurisdiction will comply with State of California's Department of Industrial Relations {DIR} regulations.
On-Site, In-House or Inspection Services - On site or in-house services {plan review, permit technician, CBO services) will be provided in eight (8) hour segments. An eight (8) hour minimum is required for all requested inspection services.
Overtime - On-site, in-house, or inspection services for overtime work, double overtime work, holiday work, weekend work, etc. will be invoiced as follows:
• Overtime - One hundred fifty percent {150%} of regular rates. Overtime is defined as working more than eight (8) hours a day, more than forty {40} hours a week, or more than six (6) consecutive days in a workweek.
• Double Overtime - Two hundred percent {200%} of regular rates. Double overtime is defined as working more than twelve {12} hours a day or working more than eight {8} hours on the seventh consecutive day of work.
• Holidays and Weekends - Two hundred percent {200%} of regular rates.
Reimbursable Expenses - Reimbursable expenses (i.e. specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost+ 15% mark up.
Courier /Delivery Expenses- Currently plans and documents are picked-up and delivered to our headquarters in San Ramon by our WC3 in-house staff member who is there in the City at least twice a week. When reviews are complete, plans are hand delivered back to the City. However, should the City prefer, WC3 will use our established shipping service to pick up documents for courier/delivery to and from our WC3 office(s) at no additional cost.
Mileage Expenses - When applicable, reimbursements for mileage are for the use of personal automobiles within the City's limits, typically Building Inspectors. Reimbursements for mileage are applicable to the Internal Revenue Service's (IRS) standard mileage rate plus 15%.
Invoicing Procedures - At the beginning of each month, WC3 will furnish an invoice, and a statement of the work performed for compensation during the preceding month. Such statement will also include a detailed record, if applicable, of the month's actual reimbursable and mileage expenditures.
TeamingwithYourCommunityto Make a Difference I www.WC-3.com ■ Docusign Envelope ID: 6B8793E7-278B-4ECC-8FEB-6782CA6C8D47 [THIS PAGE INTENTIONALLY LEFT BLANK]
City of Emeryville
C A L I F O R N I A
M E M O R A N D U M
DATE: May 5, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: LaTanya Bellow, City Manager
SUBJECT: RECOMMENDED STATE LEGISLATIVE POSITIONS
RECOMMENDATION
Staff recommends the City Council receive a report from Niccolo DeLuca with Townsend Public Affairs and provide feedback on the recommendations.
DISCUSSION
The attached document (Attachment A) provides summaries and recommendations on 15 state legislative proposals. For ease of reference, the full text of each bill is available through the corresponding HTML links included. Each summary also identifies organizations that have expressed support or opposition and is accompanied by a fact sheet.
FISCAL IMPACT
There is no current fiscal impact related to this item.
STAFF COMMUNICATION WITH THE PUBLIC
There has been no communication with the public.
CONFLICT OF INTEREST
There is no conflict of interest related to this item.
CONCLUSION
Staff recommends the City Council discuss the recommendations and provide feedback.
PREPARED BY: April Foran, City Clerk
ATTACHMENTS
▪ Attachment A – Recommended State Legislative Positions CALIFORNIA ADVOCACY • FEDERAL ADVOCACY • GRANT WRITING
Sacramento • Washington, D.C.
Northern California • Central California • Southern California
MEMORANDUM
To: The Honorable Sukhdeep Kaur and Members of the City Council CC: LaTonya Bellow, City Manager
From: Niccolo De Luca, Vice President, Townsend Public Affairs, Inc.
Carlin Shelby, Deputy Director
Joseph Melo, Deputy Director
Kerri West, Senior Associate
Joe Hansen, Federal Legislative Analyst
Kami Martin, State Legislative Analyst
Date: April 24, 2026
Subject: Recommended State Legislative Positions Part 1 The California Legislature has reconvened following its spring recess and is currently considering legislation in the first house, beginning with policy committee hearings. After a bill passes its initial policy committee, it proceeds to the Appropriations Committee (if it has fiscal implications) and then to the floor of the house of origin.
April 24, 2026 is the deadline for policy committees to hear and report fiscal bills introduced in their respective houses to the fiscal committees. For non-fiscal bills, the deadline is May 1, 2026 for policy committees to hear and report those measures to the floor of the house of origin.
Given the high volume of legislation, we are organizing our analysis into phases by policy area and author. This first phase focuses on public safety, immigration, housing, and the arts.
Subsequent phases will address local government, transportation, and climate resiliency. We are also focused on supporting legislation from our representatives; Senator Jesse Arreguin and Assembly Member Mia Bonta.
We are pleased to provide summaries and recommendations on 15 state legislative proposals.
For ease of reference, the full text of each bill is available through the corresponding HTML links included. Each summary also identifies organizations that have expressed support or opposition and is accompanied by a fact sheet.
This document represents the first phase of our legislative review; additional analyses and recommendations will be shared as our work continues. Please review the attached summaries and let us know if you have any questions or feedback on our recommendations.
City of Emeryville Legislative Positions 2
AB 736 (Wicks) The Affordable Housing Bond Act of 2026
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB736 This urgency bill authorizes the Affordable Housing Bond Act of 2026 to place a $10 billion housing bond on the June 2, 2026 primary election ballot to fund production of affordable housing and supportive housing.
Recommend support
Support:
A Community of Friends (ACOF); Abode Housing Development; Alliance for Housing and Healing; Alliance of Californians for Community Empowerment; Allied Framers LLC; All Home; Alta Housing; Amazon.com; Architects Fora; Asian American's Advancing Justice-Sacramento & Los Angeles; Better Opportunities Builder, INC.; Bolinas Community Land Trust; Brilliant Corners; Brooks + Scarpa; Buen Vecino; CAA Consultants; Cabrillo Economic Development Corporation; California Building Industry Association; California Center for Cooperative Development; California Coalition for Community Investment; California Coalition for Rural Housing; California Coalition of Land Trusts; California Council for Affordable Housing; California Department of Education; California Hawaii State Conference of the NAACP; California Housing Consortium; California Housing Partnership Corporation; California National Organization for Women; California Rural Legal Assistance Foundation; California Association of Councils of Governments (CALCOG); CARE Community Land Trust; Champions for Progress; Chelro Care Institute; Chinatown Community Development Center; Christian Church Homes; City of Anaheim; City of Soledad; City of Woodland; Coachella Valley Housing Coalition; Collective Operation; Community Corporation of Santa Monica; Corporation for Supportive Housing; Council of Community Housing Organizations; Councilmember Igor Tregub, City of Berkeley, District 4; Courage Campaign; Destination: Home; Disability Rights California; Drug Policy Alliance; East Bay Housing Organizations (EBHO); East Bay YIMBY; EAH Housing; Eden Housing; Eden I & R, Inc.; Endangered Habitats League; Enterprise Community Loan Fund; Enterprise Community Partners Global Green USA; Episcopal Community Services of San Francisco; Equal Rights Advocates; Eviction Defense Network; Fantastic Calculator; Firm Foundation Community Housing; Fresno Housing Alliance; Friends Committee on Legislation of California; FSY Architects, INC; Generation Housing; Heavin Helps; Homebase; Homes & Hope; Hope Solutions; Housing Accelerator Fund; Housing Action Coalition; Housing Alliance; Housing Authority for the City of San Buenaventura; Housing Authority of City of Santa Paula; Housing Authority of The City of San Luis Obispo; Housing California; Housing El Dorado; Housing Leadership Council of San Mateo County; Housing Now; Housing Trust of Santa Clara County; Housing Trust of Silicon Valley; Human Good; Human Impact Partners; Indivisible California State Strong; Initiate Justice; Inland Abundant Housing & Housing and Homeless Collaborative of Claremont; Inland SoCal Housing Collective; Inner City Law Center; Jessie Lopez - Santa Ana City Councilmember; Legal Aid of Sonoma County; Let Spirit Lead, INC.; Life Steps Foundation; Lifehouse; Lighthouse Silicon Valley; Lift To Rise; Local Initiative Support Corporation San Diego LISC; Making Housing and Community Happen; MidPen Housing Corporation; Mission Economic Development Agency; Mithun; Monterey Bay Economic Partnership; Monterey Peninsula YIMBY; Mountain View YIMBY; Move California; National Alliance to End Homelessness; National Housing Law Project; Neighborhood Partnership Housing Services; Non-Profit Housing Association of Northern California; Northern Circle Indian Housing Authority; Northern Dreamcatcher; Oxnard Union High School District; PATH Ventures; PEP Housing; Peoples' Self-Help Housing; People for Housing – Orange County YIMBY; PICO California; Public Counsel; Public Interest Law Project; Redwood Community Action Agency (RCAA); Related California; Resources for Community Development; Riverside; Sacramento Area Congregations Together (SAC ACT); Sacramento Housing Alliance; Sacramento Transit Advocates and Riders STAR; Saida + Sullivan Design Partners; San Francisco Community Land Trust; San Francisco Department of Homelessness and Supportive Housing; San Francisco YIMBY; San Luis Obispo YIMBY; Self-Help Enterprises; Self-Help for the Elderly; Serving Seniors; Sierra Business Council; South Bay YIMBY; Southern California Association of Non-Profit Housing; Supportive Housing Community Land Alliance; Tenderloin Neighborhood Development Corporation; Two Valleys Community Land Trust; United Way of the Bay Area; Urban Habitat; Ventura Homeless Prevention; Victor Valley Family Resource Center; Women's Empowerment; YIMBY Action; YIMBY Los Angeles; YIMBY Oceanside; YOLO YIMBY; Young Community Developers, Inc.; Zillow Group Oppose:
None
City of Emeryville Legislative Positions 3
AB 1153 (Bonta) Illegal disposal site abatement
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1153 This bill authorizes the Department of Resources Recycling and Recovery (CalRecycle) to, upon appropriation, fund the removal and disposal of an abandoned recreational vehicle (RV), the development of enforcement strategies, and the development of local enforcement teams and illegal dumping enforcement officers. The bill requires CalRecycle to prioritize projects in disadvantaged communities when implementing this bill.
Recommend support
Support:
California State Association of Counties; Californians Against Waste; County of Alameda; A Voice for Choice Oppose:
None.
AB 1743 (Wicks) Firearms
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1743 Clarifies that identification and tracing information for illegal firearms recovered during criminal investigations be made available to any town, city, or county, any state government agency, a California community college or California State University, or the University of California for academic and policy research purposes.
Recommend support
Support:
Brady Campaign to Prevent Gun Violence; California Chapters of the Brady Campaign to Prevent Gun Violence; Consumer Protection Policy Center, University of San Diego School of Law; Everytown for Gun Safety Action Fund; Giffords; Moms Demand Action for Gun Sense in America; Students Demand Action Oppose:
California Civil Liberties Advocacy; California Rifle and Pistol Association; Gun Owners of California; National Rifle Association
AB 1807 (Gabriel) Immigration enforcement: use of state-owned property https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1807 Prohibits the use of state-owned property for purposes of immigration enforcement.
Recommend support
Support:
Alameda County Office of Education; Alianza Sacramento; Alliance for a Better Community; American Federation of State, County and Municipal Employees; Asian American's Advancing Justice-Sacramento & Los Angeles; Asian Prisoner Support Committee; Building Skills Partnership; Business for Good San Diego; California Coalition for Women Prisoners; California Healthy Nail Salon Collaborative; California Immigrant Policy Center; California Rural Legal Assistance Foundation; California School Employees Association; California United for a Responsible Budget; Californians United for a Responsible Budget; Canal Alliance; Center for Human Rights and Constitutional Law; Center for Law and Social Policy; Center on Juvenile and Criminal Justice; Central American Resource Center; Central American Resource Center - Los Angeles; Central California Alliance for Health Center for Empowering Refugees and Immigrants; Central Coast Alliance United for a Sustainable Economy; Change Begins with Me, Indivisible Group; Children’s Partnership; Chinese for Affirmative Action; Communities United for Restorative Youth Justice; Community Works West; Courage Campaign; Diversity in Health Training Institute; East Valley Indivisibles; Empowering Marginalized Asian Communities; Empowering Marginalized Asian Communities (EMAC); Friends Committee on Legislation of California; GRACE Institute - End Child Poverty In CA; Harbor Institute for Immigrant and Economic Justice; Immigrant Defenders Law Center; Immigrants Rising; Inland Coalition for Immigrant Justice; La Defensa; League of United Latin American Citizens (LULAC); Legal Services for Prisoners with Children (LSPC); Los Angeles Alliance for New Economy (LAANE); Majdal Arab Community Center of San Diego; New Light Wellness; Next Generation; Oakland Privacy; OPPOSE; Orale: Organizing Rooted in Abolition, Liberation, and Empowerment; Public Counsel; Rubicon Programs; Sacramento City of Emeryville Legislative Positions 4
Immigration Coalition; San Diego LGBT Community Center; SEIU California; Service Employees International Union, Local 1000 (SEIU Local 1000); Services, Immigrant Rights, and Education Network; Sister Warriors Freedom Coalition; South Asian Network; South Bay People Power; Southeast Asia Resource Action Center; Thai Community Development Center; The Glide Foundation; Valor California; ValorUS; Viet Voices; Vision y Compromiso; Western Center on Law and Poverty; Women’s Economic Ventures, CDFI; Working Partnerships USA
Oppose:
None
AB 1924 (Gabriel) Statewide homelessness prevention strategy https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1924 Requires the Department of Housing and Community Development (HCD), by July 1, 2027, to develop and publicly issue a statewide homelessness preventions strategy.
Recommend support
Support:
Active San Gabriel Valley; Alliance of Californians for Community Empowerment; All Home (Co-Sponsor); Being Alive/People With AIDS Action Coalition; Bet Tzedek Legal Services; Community Corp. of Santa Monica; Community Health Project Los Angeles; Compass Family Services; Corporation for Supportive Housing; DAP Health; Destination: Home; Housing California; Inner City Law Center (Co-Sponsor); LA Forward Institute; League of California Cities; MidPen Housing Corporation; National Alliance to End Homelessness; Non-Profit Housing Association of Northern California; Para Los Ninos; Restoration Diversion Services; Safe Place for Youth; Safehouse San Francisco; Steinberg Institute; SV@Home Action Fund; The People Concern; The Sidewalk Project; Union Station Homeless Services
Oppose:
None
AB 1969 (Bonta) California Coordinated Neighborhood and Community Services Grant Program
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1969 This bill, subject to an appropriation in the annual Budget Act, establishes the California Coordinated Neighborhood and Community Services Grant Program to provide competitive awards to eligible entities to implement new, and strengthen existing, cradle-to-career (C2C) networks at the neighborhood and regional level.
Recommend support
Support:
Mission Economic Development Agency; First 5 Alameda County; Eden Area Regional Occupational Program; La Familia Counseling Service; Community Child Care Council (4Cs) of Alameda County; Eden Area Regional Occupational Program; Courage Campaign; Marin Promise Partnership; Grace (grace-inc.org); Eden Area Communities Collaborative Oppose:
None
City of Emeryville Legislative Positions 5
AB 2020 (Gabriel) Housing programs: financing
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB2020 Allows Department of Housing and Community Development (HCD) to authorize the transfer of “excess reserves” or “excess operating income” from one rental housing development, subject to a HCD regulatory agreement, to another rental housing development that is owned by the same sponsor or affiliate.
Recommend support
Support:
Abode Housing Development; California Apartment Association; California Coalition for Community Investment; California Coalition for Rural Housing (Co-Sponsor); California Council for Affordable Housing; California Housing Consortium; California Housing Partnership (Co-Sponsor); CTY Housing; East Bay Housing Organizations; East LA Community Corporation; Enterprise Community Partners (Co-Sponsor); Episcopal Community Services of San Francisco; Housing California; LeadingAge California; Linc Housing; Little Tokyo Service Center; Local Initiatives Support Corporation; MidPen Housing Corporation; Non-Profit Housing Association of Northern California (Co-Sponsor); Resources for Community Development; Self-Help Enterprises; Southern California Association of Nonprofit Housing; Supportive Housing Alliance; Tenderloin Neighborhood Development Corporation
Oppose:
None
AB 2146 (Stefani) Supportive housing: prospective tenants: barriers to access https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB2146 Creates a process for housing developments that receive funding from the Low-Income Housing Tax Credit (LIHTC) program, Multifamily Housing Program (MHP), and No Place Like Home (NPLH) to fill vacancies outside of the local coordinated entry system (CES) if they request a referral and do not receive one within 180 days of making the request. Allows for a housing development serving people experiencing homelessness to accept self-certification that an individual is homeless, as specified.
Recommend support
Support:
Affordable Housing Associates; Alta Housing; Downtown Women's Center; EAH Housing; Eden Housing; Episcopal Community Services of San Francisco; Housing California; MidPen Housing Corporation; Non-Profit Housing Association of Northern California; Opportunities for Change; Resources for Community Development; San Mateo County Psychological Association; Self-Help Enterprises; The Kelsey
Oppose:
None
AB 2231 (Ahrens) California Environmental Quality Act: hospital projects https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB2231 Establishes CEQA streamlining for hospital projects, as defined, in Emeryville and Santa Clara. More specifically it establishes expedited administrative and judicial review procedures under CEQA for an “environmental leadership hospital campus project”
Recommend watch
Support:
Bay Area Council; California Asian Pacific Chamber of Commerce; California Chamber of Commerce; Civil Justice Association of California (CJAC); Contra Costa County; Oakland Metropolitan Chamber of Commerce; Private Essential Access Community Hospitals; San Francisco Bay Area Planning and Urban Research Association (SPUR); Silicon Valley Leadership Group; Sutter Health
Oppose:
City of Emeryville Legislative Positions 6
Planning and Conservation League (unless amended); Western Electrical Contractors Association AB 2296 (Papan) Planning and zoning: housing element: regional housing needs allocation
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB2296 Extends a number of timelines in the process of regional housing needs determinations (RHND), regional housing needs allocations (RHNA), and housing element revisions, and requires the Department of Housing and Community Development (HCD) to provide specific analysis or text to local governments to remedy deficiencies in their draft housing element revisions.
Recommend support
Support:
League of California Cities; City/County Association of Governments of San Mateo County Oppose:
California YIMBY (prior version); CBIA (prior version); Greenbelt Alliance (prior version); South Pasadena Residents for Responsible Growth (prior version); SPUR (prior version) AB 2319 (Schultz) Film and Television Post-Production Incentive Program https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB2319 Allows, for taxable years starting on or after January 1, 2027, the California Film Commission (CFC) to issue a tax credit to qualified taxpayers for qualified expenditures for the postproduction of a qualified motion picture in California, if the qualified motion picture did not claim the production tax credit.
Recommend support
Support:
#makeitbay; 8 Individuals; California Arts Advocates; California Post Alliance; City of Burbank; City of Santa Monica; Company 3; Crafty Apes LLC; Engine Room, LLC; Exceptional Minds; Formosa Group, LLC; Gsk Talent; Karen Bass - Mayor of Los Angeles; Kincade Productions, LLC; Monkeyland Audio, INC.; Point 360; Santa Monica Pier; Santa Monica Travel & Tourism; Serrano Sound INC.; Showrunnr, Inc.; Signature Post; Trevanna Post Oppose:
None
AB 2346 (Wilson) Vehicles: electric bicycles and speed limits https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB2346 Seeking to improve electric bike safety in California, this bill enacts several changes to the existing law.
First, the bill permits local governments to establish bike speed limits for bike lanes and multiuse trails.
The bill establishes a prima facie statewide speed limit of ten miles per hour for sidewalks. The bill then requires e-bike manufacturers to provide consumers with specified notices about the bike and how to operate it safely. The bill would impose civil penalties on manufacturers who fail to provide these notices.
Finally, the bill mandates that electric bicycles be equipped with lights sufficient so that the bike can see and be seen from a distance of at least three hundred feet.
Recommend support
Support:
AAA Northern California, Nevada & Utah; American Academy of Pediatrics, California; American College of Surgeons, Southern California Chapter; Auto Club of Southern California; Brea, City of; California Emergency Nurses Association; California Medical Association; California Orthopedic Association; California Police Chiefs Association; Children’s Specialty Care Coalition; Chino Hills, City of; City and County Association of Governments of San Mateo County; City of Carlsbad; City of Fillmore; City of Huntington Beach; City of Laguna Niguel; City of Lakewood; City of Newport Beach; City of Orinda; City of Rocklin; City of City of Emeryville Legislative Positions 7
Santa Barbara; City of Walnut Creek; City/County Association of Governments of San Mateo County; League of California Cities; National Association of Pediatric Nurse Practitioners
Oppose:
California Bicycle Coalition; Peopleforbikes; Streets are for Everyone; Streets for All AB 2351 (Bonta) General plan: annual report: shelter beds https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB2351 Requires local jurisdictions to report the number of emergency shelter beds and permanent housing units in the jurisdiction in the annual progress report (APR).
Recommend support
Support:
Bay Area Council – CO-SPONSOR; California YIMBY; DignityMoves (UNREG) – CO-SPONSOR; National Alliance to End Homelessness; National Association of Minority Contractors Northern California Oppose:
None
AB 2626 (Gabriel) Housing programs: financing
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB2626 Allows the Department of Housing and Community Development (HCD) to waive payment of residual receipts or minimum annual loan payments required under a department regulatory agreement to improve the fiscal integrity of a development financed with departmental resources.
Recommend support
Support:
California Coalition for Rural Housing (Co-Sponsor); California Housing Partnership (Co-Sponsor); Enterprise Community Partners, Inc. (Co-Sponsor); Non-Profit Housing Association of Northern California (Co-Sponsor); Abode Housing Development; All Home; California Coalition for Community Investment; California Housing Consortium; CTY Housing, Inc.; East Bay Housing Organizations; East LA Community Corporation; Episcopal Community Services of San Francisco; Housing California; LeadingAge California; Linc Housing; Little Tokyo Service Center; Local Initiatives Support Corporation; MidPen Housing Corporation; Resources for Community Development; Southern California Association of Nonprofit Housing; Supportive Housing Alliance; Tenderloin Neighborhood Development Corporation Oppose:
None
SB 417 (Cabaldon) The Affordable Housing Bond Act of 2026 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB417 Authorizes the Affordable Housing Bond Act of 2026 to place a $10 billion bond on the November 3, 2026, ballot to fund affordable multi-family housing and supportive housing.
Recommend support
Support:
A Community of Friends (ACOF); Affordable Housing Management Association of Northern CA, Nevada, and Hawaii; AIDS Healthcare Foundation; All Home; Allied Framers LLC; Alliance for Housing and Healing; Alliance of Californians for Community Empowerment; Alta Housing; Amazon.com; American Federation of State, County and Municipal Employees; Architects Fora; Asian American's Advancing Justice-Sacramento & Los Angeles; Associated General Contractors of California; City of Emeryville Legislative Positions 8
Bay Area Council; Better Opportunities Builder; Brilliant Corners; Brooks + Scarpa; Buen Vecino; Burbank Housing Corporation; Cabrillo Economic Development Corporation; CAA Consultants; California Apartment Association; California Coalition for Community Investment; California Coalition for Rural Housing; California Coalition of Land Trusts; California Housing Consortium; California Rural Legal Assistance Foundation; Chelro Care Institute; Christian Church Homes; City of Soledad; City of Thousand Oaks; Coachella Valley Housing Coalition; Community Corporation of Santa Monica; Corporation for Supportive Housing; Council of Community Housing Organizations; Councilmember Igor Tregub, City of Berkeley, District 4; Courage Campaign; Destination: Home; East Bay Housing Organizations (EBHO); East Bay YIMBY; EAH Housing; Eden Housing; Eden I&R; End Poverty in California (EPIC); Enterprise Community Loan Fund; Enterprise Community Partners Global Green USA; Episcopal Community Services of San Francisco; Eviction Defense Network; Evolve California; Fantastic Calculator; Firm Foundation Community Housing; FSY Architects, INC; Grey Panthers, Long Beach Chapter; Gubb & Barshay; Homebase; Hope Cooperative; Hope Solutions; Housing Action Coalition; Housing Alliance; Housing Authority for the City of San Buenaventura; Housing Authority of City of Santa Paula; Housing Authority of The City of San Luis Obispo; Housing California; Housing Trust of Santa Clara County; Human Good; Jessie Lopez - Santa Ana City Councilmember; Larkin Street Youth Services; Legal Aid of Sonoma County; League of Women Voters of California; Life Steps Foundation; Lifehouse; Lift To Rise; LINC Housing; Local Initiative Support Corporation San Diego LISC; Los Angeles County Affordable Housing Solutions Agency; Making Housing and Community Happen; Many Mansions; Merritt Community Capital Corporation; Michelson Center for Public Policy; MidPen Housing Corporation; Mithun; Mogavero Notestine Associates, Architects and Planners, Sacramento; Monterey Bay Economic Partnership; Monterey Peninsula YIMBY; Mountain View YIMBY; Multi-Faith ACTION Coalition; National Alliance to End Homelessness; Our Future Los Angeles; PEP Housing; PICO California; PolicyLink; Public Interest Law Project; Redwood Community Action Agency (RCAA); Related California; Renewal Enterprise District; Riverside; Sacred Heart Community Service; Saida + Sullivan Design Partners; San Francisco Board of Supervisors; San Francisco Community Land Trust; San Francisco YIMBY; Self-Help Enterprises; Self-Help for the Elderly; Serving Seniors; Sierra Business Council; Silicon Valley At Home (Sv@Home); Silicon Valley Community Foundation; Somos Mayfair; Southern California Association of Governments; Stinson Beach Affordable Housing Committee; Tech Equity Collaborative; Tenderloin Neighborhood Development Corporation; TerraCorp; The Lived Experience Advisory Board of Silicon Valley; Transform; Truckee Tahoe Workforce Housing Agency; Two Valleys Community Land Trust; United Domestic Workers of America/AFSCME Local 3930; United Wholesale Mortgage; University of California; Urban Habitat; Victor Valley Family Resource Center; WPH Holdings; WUNZ Apparel in Action; YIMBY Los Angeles; YIMBY Oceanside; Young Community Developers, Inc.
Oppose:
Habitat for Humanity California
SB 1218 (Arreguin) Refusal of registration: illegal dumping violation penalties https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB1218 This bill would require the California Department of Motor Vehicles (DMV) to refuse to renew a vehicle registration if the registered owner has outstanding illegal dumping fines.
Recommend support
Support:
Antioch Police Department; Black Women Organized for Political Action (BWOPA); Block By Block Organizing Network (BBBON); Californians Against Waste; City of Oakland (Sponsor); City of Union City; East Bay Asian Local Development Corporation (EBALDC); League of California Cities; Stopwaste; Waste Management (WM) Oppose:
None
SB 1257 (Arreguin) Federal immigration enforcement: report https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB1257 This bill requires the Attorney General to submit to the Legislature and post on its internet website, on or before October 30, 2027, and annually thereafter, a report regarding immigration enforcement incidents and activities conducted at designated safe locations, as specified.
Recommend support
Support:
City of Emeryville Legislative Positions 9
Access Reproductive Justice; Asian Americans for Community Involvement; Asociacion De Migrantes Guatemaltecos; Black Alliance for Just Immigration; Buen Vecino; California Community Foundation; California Coverage & Health Initiatives; California Immigrant Policy Center; California Lesbian, Gay, Bisexual, and Transgender Health & Human Services Network; California Pan-Ethnic Health Network; California Physicians Alliance; California Public Defenders Association; Campaign for College Opportunity; Central American Resource Center - Los Angeles; Centro Binacional Para El Desarrollo Indigena Oaxaquen; Children's Partnership; Coalition of Orange County Community Clinics; Courage Campaign; Empowering Marginalized Asian Communities; Farm2people; Friends Committee on Legislation of California; Healthy Contra Costa; Immigrant Defenders Law Center; JWCH Institute Inc.; Latino Coalition for a Healthy California; Oasis Legal Services; Organizacion en California de Lideres Campesinas, Inc.; South Asian Network; Southeast Asia Resource Action Center; Thai Community Development Center; TODEC Legal Center; Transitions Clinic; UnidosUS; Vision y Compromiso; Western Center on Law and Poverty Oppose:
None