Agenda packet, regular meeting — Emeryville City Council, June 2, 2026 (part 1 of 2)

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
AGENDA

CITY COUNCIL
Emeryville City Hall
1333 Park Avenue
Emeryville, CA 94608
(510) 596-4300 phone
(510) 450-7831 fax
www.emeryville.org
Tuesday, June 02, 2026 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://emeryville-org.zoom.us/j/88632538299?pwd=_KhttAdhfkG2wGscpINPSNGaX-oQsg.Lc1sVc2BjtbrUOrY Passcode: 463470
Telephone: 669-900-6833
Webinar ID: 886 3253 8299
Passcode: 463470
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 June 02, 2026
City of Emeryville Page 2 of 4
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 June 02, 2026
City of Emeryville Page 3 of 4

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. CERTIFICATE OF RECOGNITION FOR SHARON WILCHAR’S CONTRIBUTIONS TO THE

EMERYVILLE ARTS COMMUNITY

4.2. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE RECOGNIZING JUNE 2026 AS LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, INTERSEX, AND ASEXUAL+ PRIDE MONTH IN THE CITY OF EMERYVILLE

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 MAY 19, 2026, CLOSED SESSION

9.3. ACTION MINUTES OF THE MAY 19, 2026, CITY COUNCIL MEETING

9.4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AUTHORIZING THE

CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH HELLO HOUSING TO PROVIDE ASSISTANCE TO THE CITY’S AFFORDABLE HOMEOWNERSHIP AND RENTAL PROGRAMS IN AN AMOUNT NOT TO EXCEED $292,206 FOR FISCAL YEAR 2026-27, $297,558 FOR FISCAL YEAR 2027-28, AND $310,009 FOR FISCAL YEAR 2028-29 FOR A TOTAL CONTRACT NOT TO EXCEED $899,773

9.5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ACCEPTING THE

REPLACEMENT OF THE EXISTING BMS SYSTEM (DELTA AND BMS UPGRADE /

REPLACEMENT) AND PLUMBING REPAIRS IN THE CIVIC CENTER, PROJECT NO.15650018 (CIP NO. FM-06), AS COMPLETE; AND AUTHORIZING THE CITY ENGINEER

TO RECORD A NOTICE OF COMPLETION WITH THE ALAMEDA COUNTY CLERK

9.6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ACCEPTING THE

REPLACEMENT OF THE EXISTING HVAC SYSTEM (AC UNIT AND BOILER SYSTEM) IN THE CIVIC CENTER IN THE CITY OF EMERYVILLE PROJECT NO.15650018 (CIP NO. FM06) AS COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO RECORD A NOTICE OF

COMPLETION WITH THE ALAMEDA COUNTY CLERK

9.7. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING SECTION 2-8.01 (POSTING LOCATIONS) IN CHAPTER City Council AGENDA June 02, 2026
City of Emeryville Page 4 of 4
8 (OFFICIAL NOTICES) OF TITLE 2 OF THE EMERYVILLE MUNICIPAL CODE TO

DESIGNATE ONE PUBLIC POSTING LOCATION FOR AGENDAS AND PUBLIC NOTICES AT THE CIVIC CENTER LOCATED AT 1333 PARK AVENUE, EMERYVILLE, CALIFORNIA

9.8. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE TO AMEND THE GENERAL PLAN AND TO AMEND TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE TO IMPLEMENT PROGRAM LL OF THE APPROVED 2023-2031 HOUSING ELEMENT BY ELIMINATING THE

BONUS FLOOR AREA RATIO 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 DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINES SECTIONS 15162 AND 15164 AND PUBLIC RESOURCES CODE SECTION 21080.085

BECAUSE THIS ORDINANCE IMPLEMENTS THE SCHEDULE OF ACTIONS IN AN

APPROVED HOUSING ELEMENT)

10. PUBLIC HEARINGS

10.1. ANNUAL CITY VACANCIES, RECRUITMENT, AND RETENTION EFFORTS PURSUANT TO AB 2561

11. ACTION ITEMS

11.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING THE

CITY COUNCIL RULES OF PROCEDURE TO CONFORM WITH NEW BROWN

REQUIREMENTS AND THE INCLUSION OF A POLICY FOR DISRUPTION OF

TELEPHONIC OR INTERNET SERVICE DURING MEETINGS

11.2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING THE BUDGET FOR FISCAL YEAR 2025-2026 AND FISCAL YEAR 2026-2027

12. DEPARTMENT HEAD REPORTS

12.1. ANNOUNCEMENT OF COMMISSION/COMMITTEE VACANCIES

13. FUTURE AGENDA ITEM REQUESTS

14. ADJOURNMENT
City of Emeryville Page 1 of 2
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, May 19, 2026 5:45 PM Council Chambers

1. CALL TO ORDER
The meeting was called to order at 5:46 p.m.

2. ROLL CALL

Present: Mayor Sukhdeep Kaur, Vice Mayor Matthew Solomon, Council Member Kalimah Priforce, Council Member David Mourra, 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 LABOR NEGOTIATORS, Pursuant to Government Code Section 54957.6:

5.1.1 Agency Designated Representatives: LaTanya Bellow, City Manager; Lilybell Nakamura, Human Resources Director; Jeff Bailey, IEDA; John Kennedy, City Attorney
Employee Organization: Emeryville Association of Confidential Administrative Management and Professional Employees (CAMP)

5.1.2 Agency Designated Representatives: LaTanya Bellow, City Manager; Lilybell Nakamura, Human Resources Director; Jeff Bailey, IEDA; John City Council MINUTES May 19, 2026
City of Emeryville Page 2 of 2
Kennedy, City Attorney
Employee Organization: Emeryville Police Managers Association (EPMA)

5.1.3 Agency Designated Representatives: LaTanya Bellow, City Manager; Lilybell Nakamura, Human Resources Director; Jeff Bailey, IEDA; John Kennedy, City Attorney
Employee Organization: Emeryville Police Officers Association (EPOA)

5.1.4 Agency Designated Representatives: LaTanya Bellow, City Manager; Lilybell Nakamura, Human Resources Director; Jeff Bailey, IEDA; John Kennedy, City Attorney
Employee Organization: Service Employees International Union (SEIU), Local 1021

5.1.5 Agency Designated Representatives: LaTanya Bellow, City Manager; Lilybell Nakamura, Human Resources Director; Jeff Bailey, IEDA; John Kennedy, City Attorney
Employee Organization: Unrepresented Employees

5.2. CONFERENCE WITH LEGAL COUNSEL - PENDING CLAIMS, Pursuant to Government Code Section 54956.9(e)(3):

5.2.1 Claim of Cheryl Brooks - EM2026-7

6. REPORTING OUT OF CLOSED SESSION
MOVED by Mourra and SECONDED by Welch to approve a settlement for the Cheryl Brooks claim in the amount of $140.00 for property damages.

RESULT: Passed [5 TO 0]
AYES: Kaur, Solomon, Mourra, Priforce, Welch
NOES: None

7. ADJOURNMENT
The meeting adjourned at 6:34 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Emeryville City Council.
/s/ Lorrayne Leong
Deputy City Clerk
City of Emeryville Page 1 of 6
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, May 19, 2026 7:00 PM Council Chambers

1. CALL TO ORDER - STUDY SESSION 6:30 PM
The meeting was called to order at 6:34 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. STUDY SESSION

3.1. REVENUE MEASURES UPDATE STUDY SESSION
Finance Director Sharon Friedrichsen made a presentation and answered Council Member questions.

1 speaker.

MOVED by Solomon and SECONDED by Welch to approve to place a business license tax reform measure on the ballot for the November 2026 general election.

RESULT: Passed [5 TO 0]
AYES: Kaur, Solomon, Mourra, Priforce, Welch
NOES: None

4. ADJOURNMENT
The meeting adjourned at 7:07 p.m.

City Council MINUTES May 19, 2026
City of Emeryville Page 2 of 6

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 to approve the final agenda.

RESULT: Passed [4 TO 0]
AYES: Kaur, Solomon, Mourra, Welch
NOES: None
ABSENT: Priforce
Council Member Priforce was absent 7:08 p.m. to 7:10 p.m.

4. SPECIAL ORDERS OF THE DAY
1 speaker.

4.1. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE RECOGNIZING MAY 2026 AS OLDER AMERICANS MONTH

4.2. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE RECOGNIZING MAY 2026 AS ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH

4.3. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE RECOGNIZING MAY 17-23, 2026, AS NATIONAL PUBLIC WORKS WEEK

5. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS/REPORTS ON MEETING ATTENDANCE Council Member Priforce reported speaking at a District 2 event for Nate Adams in Oakland, and at a Peace & Freedom rally in Oakland.

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 4 speakers.

9. CONSENT CALENDAR
Council Member Priforce asked to pull Items 9.5 and 9.6 from the Consent Calendar.

City Council MINUTES May 19, 2026
City of Emeryville Page 3 of 6
MOVED by Solomon and SECONDED by Mourra to approve the Consent Calendar as amended.

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 MAY 5, 2026, CLOSED SESSION

9.4. ACTION MINUTES OF THE MAY 5, 2026, CITY COUNCIL MEETING

9.5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE OPPOSING THE

IRAN WAR
Council Member Priforce commented on the Resolution.

0 speakers.

MOVED by Mourra and SECONDED by Solomon to approve the Resolution.

RESULT: Passed [5 TO 0]
AYES: Kaur, Solomon, Mourra, Priforce, Welch
NOES: None

9.6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AUTHORIZING THE

CITY MANAGER TO EXECUTE THE GRANT RECIPIENT CONTRACT WITH THE EMERYVILLE COMMERCE CONNECTION IN AN AMOUNT NOT TO EXCEED $30,663 FOR THE PRODUCTION OF EMERYVILLE RESTAURANT WEEK IN OCTOBER 2026 AND AMENDING THE FISCAL YEAR 2025-2026 OPERATING BUDGET TO APPROPRIATE $30,663 FROM THE ECONOMIC DEVELOPMENT FUND (FUND 202) AND INCREASING THE FISCAL YEAR 2025-2026 BUDGET FOR PROFESSIONAL SERVICES (202-80050) FROM $164,000 TO $194,663
Community Development Director Chadrick Smalley answered Council Member questions about the contract.

2 speakers.

MOVED by Mourra and SECONDED by Solomon to approve the Resolution.

RESULT: Passed [5 TO 0]
AYES: Kaur, Solomon, Mourra, Priforce, Welch
NOES: None

10. PUBLIC HEARINGS

10.1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE TO AMEND THE GENERAL PLAN AND TO AMEND TITLE 9 (PLANNING REGULATIONS) OF THE

EMERYVILLE MUNICIPAL CODE TO IMPLEMENT PROGRAM LL OF THE APPROVED City Council MINUTES May 19, 2026
City of Emeryville Page 4 of 6
2023-2031 HOUSING ELEMENT BY ELIMINATING THE BONUS FLOOR AREA RATIO 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 DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINES SECTIONS 15162 AND 15164 AND PUBLIC RESOURCES CODE SECTION 21080.085 BECAUSE THIS

ORDINANCE IMPLEMENTS THE SCHEDULE OF ACTIONS IN AN APPROVED HOUSING

ELEMENT)
Senior Planner Navarre Oaks made a presentation and answered Council Member questions.

The Public Hearing opened at 8:03 p.m.

1 speaker.

The Public Hearing closed at 8:13 p.m.

MOVED by Welch and SECONDED by Mourra to approve the Ordinance.

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 TO SELECT

ARTISTS MILA MOLDENHAWER, JOEY ROSE, HEATHER HARDISON, PACKARD

JENNINGS, ELLIOT SURBER, ROBERTO GASTELUMENDI, CHRIS GRANILLO, CARRIE LEDERER, ERIN FONG, AND THOMAS JONES AS THE RECIPIENTS FOR THE 2026 VISUAL ARTS GRANT PROGRAM; APPROVING THE ARTWORKS PROPOSED BY THE RECIPIENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT RECIPIENT

CONTRACTS WITH THE RECIPIENTS FOR THE INSTALLATION OF THE PROPOSED ARTWORKS; AND APPROPRIATING AN ADDITIONAL $750 FROM THE PUBLIC ART FUND (FUND 243) TO THE OPERATING BUDGET FOR FISCAL YEAR 2026-2027 FOR THE 2026 VISUAL ARTS GRANT PROGRAM.

Economic Development & Housing Coordinator Amber Evans made a presentation and answered Council Member questions.

1 speaker.

MOVED by Solomon and SECONDED by Mourra to approve the Resolution.

RESULT: [5 TO 0]
AYES: Kaur, Solomon, Mourra, Priforce, Welch
NOES: None

11.2. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING SECTION 2-8.01 (POSTING LOCATIONS) IN CHAPTER 8 (OFFICIAL NOTICES) OF TITLE 2

OF THE EMERYVILLE MUNICIPAL CODE TO DESIGNATE ONE PUBLIC POSTING

LOCATION FOR AGENDAS AND PUBLIC NOTICES AT THE CIVIC CENTER LOCATED AT 1333 PARK AVENUE, EMERYVILLE, CALIFORNIA
City Council MINUTES May 19, 2026
City of Emeryville Page 5 of 6
City Council waived presentation. City Clerk April Foran answered Council Member questions.

0 speakers.

MOVED by Mourra and SECONDED by Welch to approve the Ordinance.

RESULT: Passed [5 TO 0]
AYES: Kaur, Solomon, Mourra, Priforce, Welch
NOES: None

11.3. DISCUSSION REGARDING AMENDING THE CITY COUNCIL RULES OF PROCEDURE SECTION 4.1 - ORDER OF BUSINESS
City Clerk April Foran made a presentation and answered Council Member questions.

0 speakers.

MOVED by Solomon and SECONDED by Mourra to keep the Order of Business on the agenda as-is.

RESULT: Passed [5 TO 0]
AYES: Kaur, Solomon, Mourra, Priforce, Welch
NOES: None

11.4. 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.

6 speakers.

MOVED by Solomon and SECONDED by Welch to approve the Resolution.

RESULT: Passed [3 TO 2]
AYES: Solomon, Priforce, Welch
NOES: Kaur, Mourra

12. DEPARTMENT HEAD REPORTS

12.1. ANNOUNCEMENT OF COMMISSION/COMMITTEE VACANCIES

13. FUTURE AGENDA ITEM REQUESTS
Council Member Mourra requested and received majority support for an item to be forwarded to the Public Safety Committee regarding USPS mailbox thefts.

City Council MINUTES May 19, 2026
City of Emeryville Page 6 of 6
Council Member Priforce requested and received majority support to recognize May 18 as Haitian Flag Day.

14. ADJOURNMENT
The meeting adjourned at 10:16 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Emeryville City Council.
/s/ Lorrayne Leong
Deputy 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: June 2, 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 PROFESSIONAL

SERVICES CONTRACT WITH HELLO HOUSING TO PROVIDE
ASSISTANCE TO THE CITY’S AFFORDABLE HOMEOWNERSHIP AND
RENTAL PROGRAMS IN AN AMOUNT NOT TO EXCEED $292,206 FOR FISCAL YEAR 2026-27, $297,558 FOR FISCAL YEAR 2027-28, AND $310,009 FOR FISCAL YEAR 2028-29 FOR A TOTAL CONTRACT NOT TO EXCEED $899,773

RECOMMENDATION
Staff recommends that the City Council adopt the above-entitled resolution authorizing the City Manager to execute a Professional Services Contract with Hello Housing to provide assistance to the City’s Affordable Homeownership and Rental Programs for a total contract amount not-to-exceed $899,773 for the three-year period from July 1, 2026 to June 30, 2029.

BACKGROUND
The City has policies and programs to support affordable housing through the creation, maintenance, and preservation of home ownership and rental opportunities for incomeeligible households. Prior to the dissolution of redevelopment agencies statewide in 2012, the City implemented affordable housing objectives primarily through two activities:
▪ Creation of deed restricted Below Market Rate (“BMR”) units through the City’s Affordable Housing Set-Aside Ordinance, frequently supported by additional financial assistance from the Emeryville Redevelopment Agency. ▪ Down payment assistance directly to income-eligible buyers for both market rate and BMR units in the form of fully deferred “silent second” mortgages delivered through the following programs:
▪ Redevelopment Funded Programs:
▪ First Time Homebuyer Loan Program (“FTHB”), available to moderate income households for market rate and BMR units. ▪ Ownership Housing Assistance Program (“OHAP”), available to low income households for BMR units.

Affordable Home Ownership and Rental Program Service Contract City Council Meeting | June 2, 2026

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▪ State of California Funded Programs (These programs are governed by regulations and guidelines provided by the State):
▪ CalHome Program, available to low income first time homebuyers for market rate and below market rate units.
▪ Housing Enabled by Local Partnership (HELP) Program, available to low income buyers for market rate and below market rate units.

After the Emeryville Redevelopment Agency was dissolved, the housing obligations and assets of the former Agency were transferred to the City of Emeryville as Housing Successor. Since the dissolution of the Redevelopment Agency, the City has continued to implement affordable housing objectives through the following activities:
▪ Creation of deed restricted Below Market Rate (“BMR”) units through the City’s Affordable Housing Set-Aside Ordinance or the Community Development Bonus Program
▪ Down payment assistance directly to income eligible buyers for market and BMR units in the form of a fully deferred silent second mortgage delivered through the First Home Emeryville program
▪ Accessibility improvement assistance directly to income eligible homeowners in the form of a fully deferred silent second mortgage delivered through the Emeryville Accessible Living Initiative (“EALI”)
Today, the City’s portfolio of these homeownership and rental assets includes over 230 BMR ownership units, 180 homebuyer loans, 14 homeowner rehab loans, and over 600 existing BMR rental units. The management activities related to these assets include:
▪ handling resales of units,
▪ processing requests for loan payoffs and subordinations, ▪ monitoring owner-occupancy requirements,
▪ processing new loan applications,
▪ Monitoring annual rental compliance reports for compliance with City requirements,
▪ reviewing tenant and homebuyer applications to confirm income eligibility compliance, and
▪ responding to inquiries from program participants and other interested parties.

To provide these services, the City previously contracted with Michael Baker International from 2014 to late 2018, Placeworks from early 2019 to 2020, and Hello Housing from 2020 to early 2026.

On February 3, 2025, staff issued a request for qualifications (“RFQ”) for housing program administration services to seek firms to provide assistance to the City in managing the City’s Affordable Homeownership and rental portfolio. The RFQ was emailed to consulting firms that provide affordable housing program services and was also posted on the City’s website. Staff received two responses to the RFQ by March 3, 2025, the submittal deadline. A panel of three City staff reviewers rated both submissions received for responsiveness and qualifications and Hello Housing was rated by the panel as the top respondent.

Affordable Home Ownership and Rental Program Service Contract City Council Meeting | June 2, 2026

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DISCUSSION
Qualifications
Hello Housing is a 501(c)(3) nonprofit corporation that was established in 2005. They have provided management and administration services for various BMR Homeownership, BMR Rental, and First Time Homebuyer Programs to the Cities of Concord, Cupertino, Livermore, Menlo Park, Novato, Pleasanton, Santa Clara, South San Francisco, and to the County of Alameda. They have also provided these services to the City of Emeryville since March 2020. Hello Housing has overseen the management of more than 1,900 BMR homes, 1,700 BMR rental units, and facilitated the closing of over 400 loans in the Bay Area.

Staffing Structure and Experience
Hello Housing’s staffing structure will include four employees with over 52 years of combined experience. Staff will operate remotely, but retains office space in Oakland for collaboration, coordination, as well as a meeting place for potential applicants or active program participants. The Oakland office is located at 1970 Broadway in downtown Oakland, across from the 19th Street BART station and is easily accessible to the public without reliance on vehicles. The roles and experience for staff assigned to Emeryville are outlined below.

Jennifer Duffy, President will provide program oversight and make programmatic improvement recommendations. Jennifer is a licensed CA real estate broker and CA mortgage loan originator and will oversee program compliance, budgetary control, and contract accountability.

Moana Robinson, Program Manager will be the primary point of contact and contract manager. Moana will be responsible for managing all aspects of the program, including:
all program data tracking and reporting; management of resales; processing of refinance, reconveyance and subordination requests; management of rental compliance monitoring; income and programmatic eligibility screening; processing of capital improvement requests and training of property management teams.

Zoe McGeary, Program Specialist will manage the First Home Emeryville down payment assistance program, conduct annual compliance monitoring for all homeowner programs, update Hello Housing’s CRM database, conduct income screening and loan underwriting activities for all applicants, and conduct inspections on all BMR resale units.

Sarah Shimmin, Senior Program Manager will assist in the development and review of new policy recommendations, assist in reviewing applicant files, assist in marketing and educational workshops for prospective buyers and work with Jennifer Duffy on new program design and implementation activities.

As noted above, Hello Housing has provided Affordable Housing Program Assistance services to the City of Emeryville since 2020, which has simplified the housing programs for end users, provided relief to City staff through education of end users on program Affordable Home Ownership and Rental Program Service Contract City Council Meeting | June 2, 2026

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requirements, and sustained the investment Emeryville has made to produce and preserve affordable housing.

Housing Services
Staff have negotiated with Hello Housing to assist the City in providing the following services, similar to past contracts for affordable housing program administration:
▪ Homeownership Portfolio
▪ Managing the resale of BMR homeowner units
▪ Processing BMR Homeownership applications for eligibility ▪ Processing First Home Emeryville Homebuyer Assistance applications ▪ Processing requests for homeowner loan payoffs and subordinations ▪ Monitoring owner occupancy requirements
▪ Monitoring the BMR Ownership portfolio and provide foreclosure prevention referrals to homeowners and recommendations on asset retention to the city
▪ Rental Portfolio
▪ Reviewing initial income verification for new BMR rental units ▪ Reviewing BMR Rental Annual Compliance Reports
▪ Providing training and technical assistance on BMR requirements and guidelines to BMR Property Managers
▪ General
▪ Responding to inquiries, maintaining records and resolving questions and issues that arise during program operation.

The following services have been added to the scope of work that Hello Housing will provide to the City:
▪ Preparing program reports upon request
▪ Assisting staff with making necessary changes to the FTHB, BMR Rental and BMR Ownership Program Guidelines
▪ Reviewing BMR Rental Marketing Plans
▪ Developing new ownership retention/special assessment loan program ▪ Overseeing the conversion of at-risk BMR rental units upon expiration of affordable housing agreement

FISCAL IMPACT
Funding for affordable housing program assistance services is available from the Affordable Housing Fund budget for Professional Services (Account 299-80050) and the Measure C Housing Fund budget for Professional Services (Account 284-80050) as follows:

FY 2026-27 FY2027-28 FY2028-29 Total
Fund 299 224,188 242,419 252,665 719,272
Fund 284 68,018 55,139 57,344 180,501
Total 292,206 297,558 310,009 899,773
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The contract’s continuation through Fiscal Year 2027-28 and Fiscal Year 2028-29 is contingent upon the City’s inclusion of sufficient funding in those years’ operating budgets.

STAFF COMMUNICATION WITH THE PUBLIC
There has been no communication with the public on this issue.

CONFLICT OF INTEREST
None.

CONCLUSION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute a Professional Services Contract with Hello Housing to provide assistance to the City’s Affordable Homeownership and Rental Programs for a total contract amount not-to-exceed $899,773 for the three-year period from July 1, 2026 to June 30, 2029.

PREPARED BY: Valerie Bernardo, Economic Development & Housing Manager

ATTACHMENTS
▪ Draft Resolution
▪ Exhibit A – Professional Services Contract with Hello Housing RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH HELLO HOUSING TO PROVIDE ASSISTANCE TO THE CITY’S

AFFORDABLE HOMEOWNERSHIP AND RENTAL PROGRAMS IN AN AMOUNT NOT TO EXCEED $292,206 FOR FISCAL YEAR 2026-27, $297,558 FOR FISCAL YEAR 2027-28, AND $310,009 FOR FISCAL YEAR 2028-29 FOR A TOTAL CONTRACT NOT TO EXCEED $899,773
WHEREAS, it is a goal of the City Council to create and preserve affordable housing in Emeryville; and
WHEREAS, the City of Emeryville has assumed a portfolio of affordable housing assets in its capacity as Housing Successor to the former Emeryville Redevelopment Agency; and
WHEREAS, the management of affordable housing assets includes transactional support of resales of affordable units, processing requests for loan payoffs and subordinations, ensuring annual regulatory compliance throughout the rental and homeownership portfolios, and responding to inquiries from program participants and other interested parties; and
WHEREAS, the City requires assistance with the asset management and public information tasks related to its affordable homeownership and rental programs; and WHEREAS, the City released a Request for Qualifications for Affordable Housing Program Assistance on February 3, 2025 (the “RFQ”) to find a consultant with specialized knowledge, skills, and training necessary to render these services to the City; and WHEREAS, Hello Housing (the “Consultant”) submitted a response to the RFQ and, on the basis of the Consultant’s submittal, City staff determined Consultant to be qualified to render such services; and
WHEREAS, the City desires to enter into a Professional Services Contract with the Consultant for the provision of services in support of the City’s affordable housing programs; and
WHEREAS, the City has set-aside administrative funds in the Measure C Housing (Fund 284) budget to cover the implementation of the First Home Emeryville Homebuyer Assistance Program and the new Ownership Retention Program; and WHEREAS, the public interest will be served by this Professional Services Contract; now, therefore, be it
Resolution No. _____
Affordable Home Ownership and Rental Program Services Contract City Council Meeting | June 2, 2026

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RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute a Professional Services Contract with Hello Housing in substantial form as attached hereto as Exhibit A to provide assistance to the City’s affordable housing programs in an amount not to exceed $292,206 for Fiscal Year 2026-27, $297,558 for Fiscal Year 2027-28, and $310,009 for Fiscal Year 2028-29 for a total contract not to exceed $889,773 ; and, be it, further
RESOLVED, by the City Council of the City of Emeryville hereby authorizes the City Manager to execute amendments to the Professional Services Contract with Hello Housing as may be necessary to deliver affordable housing assistance services for the City provided such amendments do not materially increase the City’s obligations thereunder.

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held June 2, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
▪ Exhibit A – Professional Service Contract

CALIFORNIA

PROFESSIONAL SERVICES CONTRACT

FOR CITY USE ONLY
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 HELLO HOUSING (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.

WITNESSETH THAT
WHEREAS, the City desires to engage Contractor for administration of affordable homeownership and rental housing program 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 EIGHT HUNDRED

NINETY-NINE THOUNDSAND, SEVERN HUNDRED AND SEVENTY-THREE DOLLARS AND NO CENTS ($899,773), except as outlined in Section 2.3 above. The compensation for Services performed shall be as set forth in Exhibit A.

Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying and microcomputer time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service.

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4. COVENANTS OF CONTRACTOR

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

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

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

4.3 Independent Contractor
The Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Services; hiring of contractors, agents or employees to complete the Services; and the payment of Docusign Envelope ID: DBBFB7F9-8F52-84C5-8329-5A5FD9509293 City of Emeryville | Professional Services Contract REV06/2025

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employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates and employees during the term of this Contract.

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

4.5 Records, Reports and Audits

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

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

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

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

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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.

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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: DBBFB7F9-8F52-84C5-8329-5A5FD9509293 City of Emeryville | Professional Services Contract REV06/2025

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compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.

4.13.4 Living Wage
Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than $19.50 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: DBBFB7F9-8F52-84C5-8329-5A5FD9509293 City of Emeryville | Professional Services Contract REV06/2025

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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: DBBFB7F9-8F52-84C5-8329-5A5FD9509293 City of Emeryville | Professional Services Contract REV06/2025

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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 Valerie Bernardo for the City and Moana Robinson for the Contractor:

CITY CONTRACTOR
Valerie Bernardo, Economic
Development and Housing Manager
Phone No: 510-596-4354
E-Mail : [email protected]
Moana Robinson
Phone No: 415-828-4362
E-Mail : [email protected]
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12.2 Official Notices
All other notices, writings or correspondence as required by this Contract shall be directed to the City and the Contractor, respectively, as follows:

CITY CONTRACTOR
Chadrick Smalley, Community
Development Director
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4361
E-Mail : [email protected]
with a copy to:

Valerie Benardo, Economic Development
& Housing Manager
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4353
E-Mail : [email protected]
Jennifer Duffy, President
121 San Anselmo Avenue, #2440
San Anselmo, CA 94979
Phone No: 415-8384362
E-Mail : [email protected]

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

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

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

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

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

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17. WAIVER
The City’s failure to enforce any provision of this Contract or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.

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

SIGNATURES ON FOLLOWING PAGE
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19. SIGNATURE PAGE TO PROFESSIONAL SERVICES CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
LaTanya Bellow, City Manager
Dated: HELLO HOUSING
(Signature)
Jennifer Duffy, President
Attach:

W-9 Form
Attach:

Business License Certificate
Docusign Envelope ID: DBBFB7F9-8F52-84C5-8329-5A5FD9509293 05/13/2026

EXHIBIT A
Scope of Work
TASK 1 AFFORDABLE OWNERSHIP PROGRAM ADMINISTRATION

1.1 Public Information: Firm will respond regularly to inquiries regarding the City’s homebuyer loan and BMR ownership units, received by telephone, mail, website, referral, and email. In addition, firm will distribute program information to all interested parties. This information includes but is not limited to brochures, applications, program guidelines, and information regarding homebuyer education classes.

1.2 Records Management: Firm will maintain detailed records on the following information:
• Number of loans requested, approved, funded, and denied • Loan recipients and units purchased
• Marketing activities
• Participant information and correspondence
Firm will maintain complete and accurate files, including paper and digital files. This will include scanning, printing and organizing. Firm will track relevant information on each file and update databases regularly.

1.3 Reporting to the City (NEW): Firm will prepare reports or memorandums summarizing information retained in program records upon request of City staff. Firm will assist staff, including providing reports or memorandums upon request, with the completion of the City’s Housing Element Annual Report. Firm will prepare annual reports regarding CalHome funds on the City’s behalf for submittal to HCD.

1.4 Affordable Homebuyer and Rental Program Guidelines (NEW): Firm will assist the City in making necessary changes to the BMR Ownership guidelines, First Time Homebuyer Loan Program guidelines, BMR Rental Program guidelines, BMR Monitoring guidelines, and supporting program materials, as needed. Firm will prepare reports or memorandums summarizing any changes made throughout the term of the contract at the discretion of City Staff.

TASK 2 ASSET MANAGEMENT – AFFORDABLE HOMEBUYER PROGRAMS AND

REHABILITATION PROGRAM

2.1 Loan Portfolio Management: Firm will process requests related to existing program assets, including BMR units and outstanding loans. Requests may include, but are not limited to:
• Capital improvement credits
• Loan repayments
• Reconveyances/quitclaims
• Subordination
• Trusts
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EXHIBIT A

2.2 Owner Occupancy Monitoring: Firm will monitor owner-occupancy requirements for the housing programs, as applicable. Firm will prepare demands for loan repayments and demands for the sale of non-owner occupied BMR units and will initiate foreclosure proceedings, if necessary, upon the direction of the City Staff.

TASK 3 FTHB HOMEBUYER LOAN PROGRAM

3.1 Marketing Distribution and Coordination, Fielding Program Inquiries: Firm will respond regularly to inquiries regarding the City’s homebuyer loan program, received by telephone, mail, website, referral, and email. In addition, firm will distribute program information to all interested parties. Firm will hold a First Home Emeryville session, as needed, for all interested applicants that are selected through the lottery process.

3.2 FTHB Homebuyer Application Processing: Firm will review all loan program applications and provide the City with a recommendation for approval or rejection.

3.3 FTHB Loan Closing & Document Prep: Firm will work directly with potentially eligible loan program applicants, as well as with other parties to the potential transaction including real estate agents, lenders, mortgage brokers, and/or contractors, to facilitate the closing of City loans. For approved applicants, Firm will prepare the necessary information and documentation and provide it to the City for execution as well as to the escrow officer in a timely manner to ensure a successful closing. Firm will work proactively throughout the process to identify and resolve any potential problems.

3.4 Appeals: Firm will review all appeal applications and provide the City with a recommendation for approval or rejection. For approved applications, Firm will prepare the necessary information and documentation and provide it to the City for execution as well as to the escrow officer in a timely manner to ensure a successful closing.

TASK 4 AFFORDABLE OWNERSHIP HOUSING PROGRAM

4.1 Resale Management: Firm will coordinate with BMR homeowners interested in selling their BMR unit to ensure that the listing, marketing and sale comply with the program guidelines. Firm will calculate maximum resale price, which may include an allowance for capital improvements, review the listing agreement, authorize the MLS listing of the home, conduct an inspection of the BMR unit to ensure that the home is in good repair and clean, ensure the marketing guidelines are followed, and coordinate with the homeowner, real estate agent and title company on the sale of the house.

4.2 Purchaser Eligibility Review: Firm will review applications for the purchase of BMR units to determine the household’s eligibility. Firm will work directly with applicants, as well as with their real estate agent, lender, and/or mortgage broker, during the application period and throughout the transaction to facilitate the close of escrow. Firm will work proactively with all parties to identify and resolve any issues and will maintain the necessary information and documentation and provide it to the escrow officer in a timely manner to ensure a timely closing.

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EXHIBIT A

4.3 Purchaser Selection Process and Implementation: City is in the process of amending its Resale Restriction Agreements on future BMR resales to require a 3rd party assist in marketing, screening and selecting the new eligible buyer via a lottery process. Firm will provide assistance in designing the revised resale process and begin implementing the new selection process as BMR units are resold.

TASK 5 NEW LOAN PROGRAMS
Task 5.1 Homeowner Retention/Special Assessment Program Design and Guidelines (NEW): Assist the City in development of a new homeowner retention/special assessment loan program which will assist low- and moderate-income homeowners in covering any new special assessment fees assessed by their homeowners’ association.

Task 5.2 Processing Loan Applications (NEW): Firm will process loan applications for the special assessment loan program and recommend approval or disapproval to City Staff. For approved applicants. Firm will prepare the necessary information and documentation and provide it to the City in a timely manner to ensure a successful closing.

TASK 6 FORECLOSURE PREVENTION PROGRAM
The Firm will work closely with Homebuyer Loan Program participants who are in default on their mortgages or their Home Owner Association (HOA) dues to offer resources, including referrals to HUD-approved housing counseling agencies, and assist in determining potential solutions. The Firm will take phone calls, respond to emails, and schedule appointments with at-risk homeowners as needed.

TASK 7 AFFORDABLE RENTAL PROGRAM

7.1 Rental Administration Assistance: At the City’s request, Firm staff will assist with routine tasks associated with the administration of the BMR rental program. Tasks may include recordkeeping, tracking information, and updating databases, maintaining paper and digital files.

7.2 Training of Property Managers: Firm will update program materials, provide onboard training to new BMR property managers, work with staff to provide an annual training to property managers on BMR rental guidelines, and provide on-going support to property managers regarding implementation of guidelines.

7.3 Rental Compliance Monitoring: Firm will assist with the review of annual and semiannual compliance reports for the affordable rental housing program. Firm will assist in performing on-site monitoring visits of BMR Rental projects with compliance issues or concerns. Firm will prepare monitoring reports detailing the outcome of the compliance monitoring and work with the property manager to ensure issues are resolved.

7.4 Marketing Plan Review (NEW): Firm will work with City staff to conduct review of marketing plans provided by property management. Firm will determine whether a marketing plan is compliant with the City’s program guidelines.

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EXHIBIT A
Note: The City currently has 21 properties within the BMR Rental program that are operational.

TASK 8 BMR RENTAL INCOME VERIFICATION ASSISTANCE
Upon request from the City, if a BMR rental unit is or will be ready for initial lease-up during the term of the contractual agreement, Firm will provide technical assistance to the property management staff on how to review tenant applications and complete compliance checks on any approvals submitted by the property management.

Note: No new Rental Projects are expected to require BMR rental income verification between 2026 and 2028.)
TASK 9: CONVERSION OF AT-RISK BMR RENTAL UNITS (NEW)
The Bakery Lofts Regulatory Agreement for 8 BMR units expires in June 2028. Firm will work with the Owner of Bakery Lofts to confirm the Owner properly notifies the 8 affected tenants, as required by state and federal law, that the subsidized housing will terminate. Initial termination notice is required 12 months prior to expiration.

Docusign Envelope ID: DBBFB7F9-8F52-84C5-8329-5A5FD9509293 Affordable Housing Program Administration Budget
New Program Area
Task # Task Name Assigned Staff Task Breakdown Assumptions/Notes Per Unit Cost Volume Assumptions Total Cost (Year 1) Total Cost (Year 2) COLA 4%
Total Cost (Year 3)
COLA 4%
Moana Robinson, Jennifer
Duffy (1.1), (1.2), (1.3) Public Information, Records Management, Reporting $1600 per month 12 months $ 19,200.00 $ 19,968.00 $ 20,766.72 Jennifer Duffy (1.4), Program Guideline Reviews & Drafting $250 per hour 15 hours $ 3,750.00 $ 3,900.00 $ 4,056.00 Moana Robinson, Zoe
McGeary (2.2), Owner Occupancy Monitoring $198 per file 222 units $ 43,355.43 $ 45,089.65 $ 46,893.23 Moana Robinson (2.1), Capital Improvement Requests $731 per file 2 files $ 1,462.32 $ 1,520.81 $ 1,581.65 Moana Robinson (2.1), Loan Payoffs, Reconveyances $816 per file 10 loans $ 8,155.30 $ 8,481.51 $ 8,820.77 Moana Robinson (2.1), Trusts $816 per file 5 loans $ 4,077.65 $ 4,240.76 $ 4,410.39 Moana Robinson (2.1), Refinance/Subordinations $816 per file 3 loans $ 2,446.59 $ 2,544.45 $ 2,646.23 Moana Robinson (3.1),
Marketing Distribution & Coordination & Fielding
Public Q&A $350 per month 12 months $ 4,200.00 $ 4,368.00 $ 4,542.72 Moana Robinson (3.2), FTHB Application Reviews $956 per applicant 10 applicants $ 9,561.30 $ 9,943.75 $ 10,341.50 Moana Robinson (3.3), FTHB Loan Closings $2381 per loan 5 loans $ 11,906.75 $ 12,383.02 $ 12,878.34 Appeals (3.4), Appeals $500 per applicant 3 applicants $ 1,500.00 $ 1,560.00 $ 1,622.40 Moana Robinson,Zoe
McGeary (4.2), Purchase Eligibility Review $956 per applicant 12 applicants $ 11,473.56 $ 11,932.50 $ 12,409.80 Moana Robinson (4.1), BMR Resale Management & Lottery (a) $9449 per unit 6 resales $ 56,693.16 $ 58,960.89 $ 61,319.32 Jennifer Duffy (4.3), Resale Lottery $800 per unit 6 lotteries $ - $ 4,800.00 $ 4,992.00 Jennifer Duffy (5.1), Special Assessment Program Design & Guidelines $15000 per application $15000 fixed fee $ 15,000.00 $ - Moana Robinson, Zoe
McGeary (5.2), Marketing Program $750 per campaign 1 campaign per year $750.00 $ 780.00 $ 811.20 Moana Robinson, Zoe
McGeary (5.2), Full Application Underwriting $2200 per applicant 8 applicants $ 17,600.00 $ 18,304.00 $ 19,036.16 Moana Robinson (5.2), Loan Doc Prep and Closing $1500 per applicant 5 applicants $ 7,500.00 $ 7,800.00 $ 8,112.00 Task 6 Foreclosure Prevention Program Moana Robinson (6), Foreclosure Prevention Implementation $169 per hour 10 borrowers $ 1,687.30 $ 1,754.79 $ 1,824.98 Moana Robinson (7.1), Rental Administration Assistance $1000 per month 12 months $ 12,000.00 $ 12,480.00 $ 12,979.20 Moana Robinson, Jennifer
Duffy (7.2),
(Property Manager Compliance Training
Workshops. (b) $1265 per workshop 12 trainings $ 15,185.64 $ 15,793.07 $ 16,424.79 Moana Robinson (7.3), Rental Monitoring $928 per development 21 developments $ 19,488.00 $ 20,267.52 $ 21,078.22 Moana Robinson (7.3), Desk Audits $928 per development 21 developments $ 19,488.00 $ 20,267.52 $ 21,078.22 Moana Robinson (7.4),
Marketing Plan Review *who is due in the next 5
years $800 per development 21 developments $ 1,600.00 $ 3,328.00 $ 6,922.24 Moana Robinson (7), Site Visits (c) $600 per visit 3 visits $ 1,800.00 $ 1,872.00 $ 1,946.88 Task 8 BMR Rental Income Verification Assistance Moana Robinson (8), Income Verification $155 per applicant 15 applications $ 2,325.00 $ 2,418.00 $ 2,514.72 Task 9 Conversion of At-risk BMR Rental Units Moana Robinson, Jennifer Duffy (9), Conversion Plan and Notification $350 per file 8 files $ - $ 2,800.00 $ - Total $ 292,206.00 $ 297,558.24 $ 310,009.69
Task 5 Additional Program Design Options Jennifer Duffy (5,3) City ADU Program -TBD (d) Rate
$ 250.00
$ 170.00
$ 165.00
General
General
(a)
(b)
(c)
(d)
Should the City decide to move forward with an ADU Program the program design development will be driven by the type of program to be created and the scope of work to be created.

Task 4
Task 5
Proposed Budget 2026
Task 7 Affordable Rental Program
Task 1 Affordable Homeownership Housing Program
Task 2 Asset Management -Affordable Homebuyer Programs & Rehab Program
Task 3 Loan Closings - FTHB Homebuyer Loan Program
Affordable Homeownership Housing Program
New Loan Programs
Hourly Rates (for services outside base scope described above) President
Hello anticipates being able to combine development workshops to reduce costs Site Visits are anticipated at the direction of the City for Developments where compliance issues persist
Hello Housing is available to assist with Program Design of a Foreclosure Prevention Program. If desired, Hello Housing will prepare a proposal upon the direction of the City
Program Specialist
Program Specialist
Notes:
50% of fee will be due at contract listing & 50% due at close of escrow Hello Housing includes an annual price escalator, as a cost of living adjustment (COLA) of 4%. This would be applied in year 2 &3 of the contract Docusign Envelope ID: DBBFB7F9-8F52-84C5-8329-5A5FD9509293

CALIFORNIA
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EXHIBIT B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to HELLO HOUSING.

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: DBBFB7F9-8F52-84C5-8329-5A5FD9509293 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

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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
$1,000,000.00 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:

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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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City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: June 2, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Mohamed Alaoui, Public Works Director
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

ACCEPTING THE REPLACEMENT OF THE EXISTING BMS SYSTEM
(DELTA AND BMS UPGRADE / REPLACEMENT) AND PLUMBING
REPAIRS IN THE CIVIC CENTER, PROJECT NO.15650018 (CIP NO.

FM-06), AS COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO

RECORD A NOTICE OF COMPLETION WITH THE ALAMEDA COUNTY
CLERK

RECOMMENDATION
Staff recommends that the City Council adopt the above-entitled Resolution accepting the replacement of the existing BMS System as complete and authorizing the City Engineer to record a Notice of Completion with the Alameda County Clerk.

BACKGROUND
The Civic Center BMS replacement and plumbing repairs project was approved in the 2023–2028 Capital Improvement Program under CIP #FM-06 (Project #15650018). The work included replacing the existing Delta BMS system and upgrading it to support both existing building operations and the new HVAC system.

In 2024, the Civic Center experienced two major HVAC failures, which created an urgent need to move forward with system replacement. Following these failures, the City Manager authorized staff to directly solicit bids from qualified BMS contractors. Staff issued the Request for Bids on October 18, 2024, and held job walks on October 24 and 29, 2024. Two bids were received on November 1st, and SYSERCO, Inc. submitted the lowest responsive bid in the amount of $285,000.

On December 10, 2024, the City Council approved the construction contract with SYSERCO, Inc., including a contingency of up to $40,000 to address necessary change order work.

DISCUSSION
During construction, additional deficiencies were identified in the Heating Hot Water Loop Piping System. The work ultimately included replacement of 17 Variable Air Volume (VAV) actuators, replacement of an airflow station, installation of scaffolding to access leak areas, and plumbing repairs associated with the existing system. These items were BMS Replacement Project Closeout
City Council Meeting | June 2, 2026

Page 2 of 3 ends

completed through approved change orders, resulting in a total project cost of $317,236.00.

Staff has inspected the completed work and determined that it meets the requirements of the contract. SYSERCO, Inc. will continue to meet warranty and post-completion obligations. With construction complete, the project is ready for acceptance, after which the City Engineer will record a Notice of Completion with the Alameda County Clerk.

STRATEGIC PLAN CONNECTION (IF APPLICABLE)
The project falls under Strategic Plan Project 23 as this item covers all projects in the City’s Capital Improvement Program but does not have a stand-alone Strategic Plan Project Number.

FISCAL IMPACT
The Civic Center HVAC Upgrade, CIP #FM-06 project #15650018, was included in the FY2023-2028 Capital Improvement Program. The funding source for this project is Fund 650, Major Maintenance Fund. The project was originally funded in FY23-24 and carryover funding for this project was included in the FY25-27 Adopted Budget.

SYSERCO Inc. completed the work for the project, including the original contract work and all authorized change order work, for a total amount of $317,236. There were sufficient funds available, including contingency funds, to cover the costs for the change order work.

Summary of Cost:

Construction Contract $285,000.00
Change Order work $32,236.00
Total Project Cost = $317,236.00

STAFF COMMUNICATION WITH THE PUBLIC
There was no communication with the public.

CONFLICT OF INTEREST
None.

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

PREPARED BY: Ali Ahmadzadeh
BMS Replacement Project Closeout
City Council Meeting | June 2, 2026

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ATTACHMENTS
▪ Draft Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ACCEPTING

THE REPLACEMENT OF THE EXISTING BMS SYSTEM (DELTA AND BMS

UPGRADE / REPLACEMENT) AND PLUMBING REPAIRS IN THE CIVIC CENTER, PROJECT No.15650018 (CIP NO. FM-06), AS COMPLETE; AND AUTHORIZING THE

CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE ALAMEDA

COUNTY CLERK
WHEREAS, by Resolution No. 24-152, on December 10, 2024, the City Council authorized the City Manager to enter into a Construction Contract with SYSERCO Inc. in an amount of $285,000, with contingency amount of $40,000, to perform the work of project; and
WHEREAS, the Project was fully completed in April 2026; and WHEREAS, the scope of the work for this project included replacing and upgrading the BMS system to support the New HVAC System in the Civic Center in City of Emeryville; and
WHEREAS, SYSERCO Inc. completed the work of the project for the total cost of $317,236.00; and
WHEREAS, the Project is complete and ready for acceptance by the City Council, and the City Engineer must file a Notice of Completion with the Alameda Conty Clerk; now therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the construction and replacement of the existing BMS System and plumbing repairs at the Civic Center Building Project No.15650018 (CIP No. FM-06) is complete; and be it, further RESOLVED, by the City Council of the City of Emeryville that the City Engineer is authorized to file a Notice of Completion with the Alameda County Clerk.

Resolution No. _____
BMS Replacement Project Closeout
City Council Meeting | June 2, 2026

Page 2 of 2 ends

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held June 2, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY
[THIS PAGE INTENTIONALLY LEFT BLANK]
City of Emeryville

C A L I F O R N I A

ACCEPTING THE REPLACEMENT OF THE EXISTING HVAC SYSTEM
(AC UNIT AND BOILER SYSTEM) IN THE CIVIC CENTER IN THE CITY OF EMERYVILLE PROJECT NO.15650018 (CIP NO. FM-06) AS
COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO RECORD

A NOTICE OF COMPLETION WITH THE ALAMEDA COUNTY CLERK

RECOMMENDATION
Staff recommends that the City Council adopt the above-entitled Resolution accepting the HVAC System Replacement project as complete and authorizing the City Engineer to record a Notice of Completion with the Alameda County Clerk.

BACKGROUND
The Replacement of the existing HVAC system (AC unit and boiler system) was approved in the 2023-2024 Capital Improvement Program under CIP #FM -06 Project #15650018.

The existing HVAC system and associated rooftop units were over 20 years old and had been experiencing frequent failures and required replacement. In October 2024, the Public Works Department obtained the City Manager’s approval to issue an emergency purchase order for the replacement and upgrading of the HVAC System.

The project included replacement of the existing AC unit with a new 75-ton unit and installation of a new 1 MBTUH condensing unit along two heating hot water pumps to replace the existing natural gas boiler system.

The City conducted a formal bidding procedure and invited the potential bidders to the job walk on October 24 and 29, 2024. On November 1, 2024, two responsive bids were received. The lowest bid came from Legacy Mechanical and Energy Services Inc. in the amount of $531,032.00.

Staff recommended that the City Council authorize the City Manager to enter into a construction contract with Legacy Mechanical Inc., who was the responsible bidder that submitted the lowest responsive bid in the amount of $531,032.00 In addition, staff recommended that the City Council authorize a contingency amount of up to $100,000 for potential change orders on the project. The contract was approved by the City Council on December 10, 2024.

Civic Center HVAC Replacement Project Closeout
City Council Meeting | June 2, 2026

Page 2 of 3 ends

DISCUSSION
The work for this project included replacement of the existing AC unit with a new 75-ton unit and installation of a new 1 MBTUH condensing unit along with two heating hot water pumps to replace the existing natural gas boiler system. In addition, a change order work that included repairing Heating Hot Water Loop Piping System, replacing 17 existing Variable Air Volume Actuators and airflow station of the existing HVAC System occurred resulting in a total project cost of $591,260.00
Staff have inspected the work and determined that it has been completed in accordance with the contract, subject to Legacy Mechanical & Energy Services Inc.’s continuing warranty and other post-completion obligations under the contract. The project is ready for acceptance by the City Council. The City Engineer must now record a notice of completion with the Alameda County Clerk.

STRATEGIC PLAN CONNECTION (IF APPLICABLE)
This represents the completion of another CIP project, which is included under Strategic Plan Item 23.

Legacy Mechanical and Energy Services Inc. completed the work for the project, including the original contract work and all authorized change order work, for a total amount of $591,260.00. There were sufficient funds available, including contingency funds, to cover the costs of the change order work.

Summary of Cost:
▪ Construction Contract $531,032.00
▪ Change Order work $60,228.00
▪ Total Project Cost = $591,260.00

STAFF COMMUNICATION WITH THE PUBLIC
There was no communication with the public.

CONFLICT OF INTEREST
Not Applicable

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

Civic Center HVAC Replacement Project Closeout
City Council Meeting | June 2, 2026

Page 3 of 3 ends

PREPARED BY: Ali Ahmadzadeh, Annuitant

ATTACHMENTS
▪ Draft Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ACCEPTING

THE REPLACEMENT OF THE EXISTING HVAC SYSTEM (AC UNIT AND BOILER

SYSTEM) IN THE CIVIC CENTER IN THE CITY OF EMERYVILLE PROJECT No.15650018 (CIP NO. FM-06) AS COMPLETE; AND AUTHORIZING THE CITY

ENGINEER TO FILE A NOTICE OF COMPLETION WITH ALAMEDA COUNTY CLERK WHEREAS, By Resolution No. 24-151, on December 10, 2025, the City Council authorized the City Manager to enter into a Construction Contract with Legacy Mechanical & Energy Services Inc. of San Ramon, CA in an amount of $531,032.00, with a contingency amount of $100,000.00, to perform the project work; and WHEREAS, The Project including the original contract work and all extra work were fully completed in April 2026; and
WHEREAS, The scope of the work for this project consisted of replacement of the existing HVAC System (AC unit and Boiler System) with a new 75-ton unit and installation of a new 1 MBTUH condensing unit along two heating hot water pumps to replace the existing natural gas boiler system in the Civic Center in City of Emeryville; and WHEREAS, With authorized funds by the City Manager, Legacy Mechanical & Energy Services Inc. completed additional work including repairing existing Heating Hot Water Loop Piping System, replacing Variable Air Volume Actuators and replacing airflow station of the existing HVAC System; and
WHEREAS, Legacy Mechanical & Energy Services Inc. completed the work of the project for the total cost of $591,260.00; and
WHEREAS, the Project is complete and ready for acceptance by the City Council, and the City Engineer must now file a Notice of Completion with the Alameda County Clerk; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the construction and replacement of the existing HVAC System at the Civic Center Building Project No.15650018 (CIP No. FM-06) is complete; and, be it, further RESOLVED, by the City Council of the City of Emeryville that the City Engineer is authorized to file a Notice of Completion with the Alameda County Clerk.

Resolution No. _____
Civic Center HVAC Replacement Project Closeout
City Council Meeting | June 2, 2026

Page 2 of 2 ends

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held June 2, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY
[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: June 2, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: April Foran, City Clerk
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING SECTION 2-8.01 (POSTING LOCATIONS) IN CHAPTER 8 (OFFICIAL NOTICES) OF
TITLE 2 OF THE EMERYVILLE MUNICIPAL CODE TO DESIGNATE ONE

PUBLIC POSTING LOCATION FOR AGENDAS AND PUBLIC NOTICES
AT THE CIVIC CENTER LOCATED AT 1333 PARK AVENUE,

EMERYVILLE, CALIFORNIA

RECOMMENDATION
Staff recommends that the City Council approve the second reading and adopt the attached Ordinance amending Section 2-8.01 (posting locations) in Chapter 8 (official notices) of Title 2 of the Emeryville Municipal Code to designate one public posting location for agendas and public notices at the Civic Center located at 1333 Park Avenue, Emeryville, California.

DISCUSSION
The City Council adopted the first reading of the attached Ordinance on May 19, 2026 with no changes. The staff report for the May 19, 2026, meeting, which provides a detailed explanation of the proposed Ordinance, is attached for reference (Attachment A).

PREPARED BY: April Foran, City Clerk

ATTACHMENTS
▪ Attachment A – Staff Report from May 19, 2026
o Ordinance Amending Section 2-8.01 (posting locations) in Chapter 8 (official notices) for Agenda Posting Locations
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 19, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: April Foran, City Clerk
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING SECTION 2-8.01 (POSTING LOCATIONS) IN CHAPTER 8 (OFFICIAL NOTICES) OF TITLE 2 OF THE EMERYVILLE

MUNICIPAL CODE TO DESIGNATE ONE PUBLIC POSTING LOCATION

FOR AGENDAS AND PUBLIC NOTICES AT THE CIVIC CENTER
LOCATED AT 1333 PARK AVENUE, EMERYVILLE, CALIFORNIA

RECOMMENDATION
Staff recommends that the City Council adopt the first reading of the attached ordinance amending Section 2-8.01 in Title 2 of the Emeryville Municipal Code to designate one official public posting location for agendas and public notices.

BACKGROUND
Effective July 1, 2026, due to changes in the Brown Act under SB 707, the City is required to provide a public posting location for agenda translations near the location where agendas are posted. The City is not responsible for the content, accuracy, or posting of translations, and a disclaimer will be added to the board stating that it is only intended for agenda translations.

The City of Emeryville’s Municipal Code section 2-8.01 currently designates three public posting locations for notices:
▪ Emeryville Senior Center – 4321 Salem Street
▪ Police Administration Building – 2449 Powell Street
▪ Emeryville Fire Station No. 2 – 6303 Hollis Street

DISCUSSION
As the City currently designates three posting locations, it would need to install three public posting boards. Even with a disclaimer on the translation board, staff still plans to monitor the board and remove materials as necessary in order to avoid an unlimited public forum. Monitoring three posting locations would be burdensome and an inefficient use of staff time, so one centralized agenda posting location is recommended. Civic Center was chosen as the designated posting location as it is where the City Council meets.

Attachment A
Agenda Posting Locations – Amending EMC 2-8.01
City Council Meeting | May 19, 2026

Page 2 of 2 ends

The Public Works Director has identified a suitable location to install two locked posting boards on the Park Avenue side of the Civic Center building at 1333 Park Avenue. An open public posting board would be installed next to the secured cabinets for public agenda translations.

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

STAFF COMMUNICATION WITH THE PUBLIC
The City Council discussed this item at a Study Session on May 5, 0026, and gave direction to staff to return to Council with an item for consideration.

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

CONCLUSION
Staff recommends that the City Council adopt the first reading of the attached ordinance amending Section 2-8.01 in Title 2 of the Emeryville Municipal Code to designate one official public posting location for agendas and public notices at the Civic Center located at 1333 Park Avenue in Emeryville, California.

PREPARED BY: April Foran, City Clerk

ATTACHMENTS
▪ Draft Ordinance
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING SECTION 2-8.01 (POSTING LOCATIONS) IN CHAPTER 8 (OFFICIAL NOTICES) OF TITLE 2 OF THE EMERYVILLE MUNICIPAL CODE TO DESIGNATE ONE PUBLIC

POSTING LOCATION FOR AGENDAS AND PUBLIC NOTICES AT THE CIVIC CENTER LOCATED AT 1333 PARK AVENUE, EMERYVILLE, CALIFORNIA WHEREAS, California Government Code Section 54950 et. seq. requires all meetings fo a legislative body of a local agency be open and public, and all persons shall be permitted to attend any meeting of the local agency; and
WHEREAS, the Government Code requires posting of a notice of a public meeting’s time and place, as well as the meeting agenda, and the posting must be done at least 72 hours in advance of a regular meeting, or 24 hours in advance of a special meeting, in a location freely accessible to the public; and
WHEREAS, effective July 1, 2026, due to changes in the Brown Act under SB 707, the City is required to provide a public posting location for agenda translations near the location where agendas are posted; and
WHEREAS, the City’s Municipal Code currently designates three posting locations, so it would need to install and three public posting boards; and WHEREAS, while the City intends to post a notice on the public posting board that it is intended for only agenda translations, staff will still monitor the board and remove materials as necessary in order to avoid an unlimited public forum; and WHEREAS, monitoring three posting locations would be burdensome and an inefficient use of staff time, so one centralized agenda posting location is recommended; and WHEREAS, the Civic Center located at 1333 Park Avenue was chosen as the designated posting location as it is where the City Council meets; and WHEREAS, locked posting boards will be installed on the Park Avenue side of the Civic Center building and an open public posting board would be installed next to the secured cabinets for public agenda translations; and

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

SECTION ONE. AMENDING SECTION 2-8.01 IN CHAPTER 8 OF TITLE 2 OF THE

EMERYVILLE MUNICIPAL CODE
Chapter 8 of Title 2 of the Emeryville Municipal Code, entitled “Official Notices”, is hereby amended to replace Section 2-8.01 with the following language:

Ordinance No. _____
Agenda Posting Locations – EMC 2-8.01
City Council Meeting | May 19, 2026

Page 2 of 3 ends

2-8.01 Posting Locations
The following public place located in the City is hereby designated as the public place for the posting of notices: The Civic Center, located at 1333 Park Avenue, Emeryville, California.

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

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

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

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

SECTION FIVE. EFFECTIVE DATE AND POSTING
This Ordinance shall take effect thirty (30) days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code section 33693.

Ordinance No. _____
Agenda Posting Locations – EMC 2-8.01
City Council Meeting | May 19, 2026

Page 3 of 3 ends

This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held May 19, 2026 and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held June 2, 2026 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY
ORDINANCE NO.

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

SECTION ONE. AMENDING SECTION 2-8.01 IN CHAPTER 8 OF TITLE 2 OF THE

EMERYVILLE MUNICIPAL CODE
Chapter 8 of Title 2 of the Emeryville Municipal Code, entitled “Official Notices”, is hereby amended to replace Section 2-8.01 with the following language:

Ordinance No. _____
Agenda Posting Locations – EMC 2-8.01
City Council Meeting | June 2, 2026

Page 2 of 3 ends

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

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

Ordinance No. _____
Agenda Posting Locations – EMC 2-8.01
City Council Meeting | June 2, 2026

Page 2 of 3 ends

Ordinance No. _____
Agenda Posting Locations – EMC 2-8.01
City Council Meeting | June 2, 2026

Page 3 of 3 ends

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: June 2, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Chadrick Smalley, Community Development Director SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF EMERYVILLE TO AMEND THE GENERAL
PLAN AND TO AMEND TITLE 9 (PLANNING REGULATIONS) OF THE

EMERYVILLE MUNICIPAL CODE TO IMPLEMENT PROGRAM LL OF
THE APPROVED 2023-2031 HOUSING ELEMENT BY ELIMINATING

THE BONUS FLOOR AREA RATIO 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 DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINES SECTIONS 15162 AND 15164 AND PUBLIC
RESOURCES CODE SECTION 21080.085 BECAUSE THIS

ORDINANCE IMPLEMENTS THE SCHEDULE OF ACTIONS IN AN

APPROVED HOUSING ELEMENT)

RECOMMENDATION
Staff recommends that the City Council approve the second reading and adopt the attached Ordinance amending the Emeryville General Plan and Title 9 of the Emeryville Municipal Code, entitled “Planning Regulations”, to implement Program LL of the approved 2023-2031 Housing Element of the Emeryville General Plan, and making required findings. If approved by the City Council, the Ordinance would take effect on July 2, 2026.

DISCUSSION
The City Council adopted the first reading of the attached Ordinance on May 19, 2026 with no changes. The staff report for the May 19, 2026 meeting, which provides a detailed explanation of the proposed Ordinance, is attached for reference (see Attachment A)
PREPARED BY: Chadrick Smalley, Community Development Director

ATTACHMENTS
▪ Attachment A – Staff Report from May 19, 2026
o Ordinance Amending the Emeryville General Plan and Title 9 of the Emeryville Municipal Code
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: May 19, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Chadrick Smalley, Community Development Director SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

EMERYVILLE TO AMEND THE GENERAL PLAN AND TO AMEND TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL
CODE TO IMPLEMENT PROGRAM LL OF THE APPROVED 2023-2031

HOUSING ELEMENT BY ELIMINATING THE BONUS FLOOR AREA

RATIO 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 DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINES
SECTIONS 15162 AND 15164 AND PUBLIC RESOURCES CODE
SECTION 21080.085 BECAUSE THIS ORDINANCE IMPLEMENTS THE

SCHEDULE OF ACTIONS IN AN APPROVED HOUSING ELEMENT)

RECOMMENDATION
Staff and the Planning Commission recommend that the City Council adopt the first reading of the attached Ordinance amending the General Plan and Title 9 of the Emeryville Municipal Code, entitled “Planning Regulations”, to implement the remaining actions of Program LL of the approved 2023-2031 Housing Element.

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

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

Attachment A
Amendments To The General Plan and Title 9 (Planning Regulations) To Implement Housing Element Program LL
City Council Meeting | May 19, 2026

Page 2 of 8 ends

Program LL is one of many steps implementing the Housing Element. The Housing Element contains 45 programs (labeled “A” through “SS”), many of which include multiple actions to complete during the course of the Housing Element. Each program includes one or more implementation timeline(s), such as “short term,” “mid term,” “long term,” “ongoing,” and “as needed.” Program LL items that require General Plan amendments have a timeframe of “short term.”
Program LL states that “The City will implement the following Planning Regulations amendments to alleviate constraints to the production of housing, including the production of housing for special needs populations.” It further states that the outcome of Program C, “Objective Design and Development Standards”, will support the objectives in this program by providing objective standards that address the potential for subjectivity in the City’s approval processes” (Page 220 of the Housing Element).

Objective Standards were first read and unanimously approved by the City Council on December 19, 2023, and have been in effect since January 18, 2024 (Ordinance No. 23- 005).

Program LL of the Housing Element contains the following eight implementing actions:

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

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

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

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

Amendments To The General Plan and Title 9 (Planning Regulations) To Implement Housing Element Program LL
City Council Meeting | May 19, 2026

Page 3 of 8 ends

5. Emergency Shelters. The City will review and revise parking requirements for emergency shelters to ensure that parking standards are sufficient to accommodate all staff, provided standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone, per California Government Code Section 65583(a)(4). Additionally, the City will remove the CUP on emergency shelters in the MUR and INL zones, subject only to a by right process and consider allowing them with a CUP in the P zone.

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

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

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

8. Conversion from Single-Family Home to Duplex. Within two years of Housing Element adoption, the City will examine opportunities to streamline the permitting process to convert single-family homes to duplexes, including the possibility of waiving the requirement for Planning Commission approval for projects that will not maintain the same square footage. (See also Program B.) Implementing actions 1, 2, 3, 4, 5, the first part of 6 (permitting by right 3- and 4-unit multiunit projects in the RM district with no density requirement), and 7 were reviewed and recommended for approval to City Council by the Planning Commission on December 11, 2025. The City Council approved all recommended amendments to the Planning Regulations on January 20, 2026; a second reading was held on February 3, 2026; and the changes became effective on March 5, 2026 (Ordinance No. 26-001).

The remaining implementing actions (the second part of action 6 and action 8) require amending General Plan maps. Under State law, a 90-day tribal consultation period is required for General Plan amendments. Due to this requirement, these implementing actions are coming to the Planning Commission and City Council separately from the rest of the Program LL actions. Tribal notification letters were sent on January 15, 2026; with the 90-day period concluding on April 15, 2026. In that time, one follow-up inquiry was received, with several subsequent emails exchanged clarifying the planning process for the proposed General Plan amendment.

This staff report outlines the proposed changes to the Planning Regulations and General Plan required to comply with the actions outlined in action 6 and action 8 of Program LL.

Amendments To The General Plan and Title 9 (Planning Regulations) To Implement Housing Element Program LL
City Council Meeting | May 19, 2026

Page 4 of 8 ends

DISCUSSION
Proposed Changes
Implementing action 8, and the second part of implementing action 6 (“Base FAR will also be increased to 1.0 and Bonus FAR will be eliminated in the RM Zone”) requires amending the Maximum Floor Area Ratios Map (Figure 2-3) in the General Plan by eliminating the bonus Floor Area Ratio (FAR) in the lowest FAR category by replacing “0.5/1.0” with “1.0/No Bonus.”
The first part of Implementing action 6 (“The City will permit by right 3- and 4-unit multiunit projects in the RM district with no density requirement, as long as it is in compliance with FAR and height limits..”) requires amending the Maximum Residential Densities Map (Figure 2-6) in the General plan by eliminating the bonus density in the lowest bonus density category by replacing “20/35” with “35/No Bonus.” As seen below in Table 1, eliminating the 20 units per acre minimum requirement will successfully permit by right 3- and 4- unit multi-unit projects in the RM district with no density requirement, on the vast majority of parcels in the RM district.

Table 1
Parcels in the Triangle and
Doyle-Hollis
Neighborhoods
Parcel
Size in
Sq. Ft.

Parcel
Size in
Acres
20 Units
Per Acre
35 Units
Per Acre
Average Parcel Size 5,317 0.12 2 4
Median Parcel Size 5,000 0.11 2 4
Mode (36 of 266) Parcel
Size
5,000 0.11 2 4
Smallest Parcel 640 0.01 0 1
Largest 19,500 0.45 9 16
In addition to implementing Program LL, these changes make the Maximum Floor Area Ratios Map and the Maximum Residential Densities Map consistent with the Maximum Building Heights Map (Figure 2-4) which does not have a bonus available for the lowest height category of “30 ft/No Bonus.”
Below are the changes that are being made to Title 9 of the Emeryville Municipal Code (Planning Regulations) to implement the remaining actions in Program LL:

1. Table 9-4.201(a): amend by removing the first row.

Amendments To The General Plan and Title 9 (Planning Regulations) To Implement Housing Element Program LL
City Council Meeting | May 19, 2026

Page 5 of 8 ends

2. Figure 9-4.201(a): amend by removing the existing General Plan Map Figure 2-3 and replacing with the amended General Plan Map Figure 2-3.

3. Table 9-4.203(a): amend by updating the first row to reflect the amended lowest Maximum Residential Densities category.

4. Figure 9-4.203(a): amend by removing the existing General Plan Map Figure 2-6 and replacing with the amended General Plan Map Figure 2-6.

The attached Ordinance incorporates changes to Table 9-4.201(a), Figure 9-4.201(a), Table 9-4.203 (a) and Figure 9-4.203 (a).

General Plan Amendments
For the Planning Commission to recommend, and the City Council to approve the proposed General Plan amendment, the Planning Commission and City Council need to make certain findings outlined in Section 9.7-1205 of the Planning Regulations. Staff believes these findings can be made as follows:
(a) The proposed amendment will contribute to the public health, safety, and general welfare or will be of benefit to the public.

The proposed amendments will contribute to the public health, safety, and general welfare of the public by implementing Program LL of the 2023-2031 Housing Element, which includes the stated goal of alleviating “constraints to the production of housing, including the production of housing for special needs populations.”
(b) The proposed amendment is consistent with the General Plan's guiding principles, unless the guiding principles themselves are proposed to be amended.

The proposed amendments are consistent with the General Plan’s 6th guiding principle “a vibrant, urban community” which states it will “support a range of amenities while furthering regional goals of promoting infill development, supporting transit, and curtailing sprawl.” (c) The proposed amendment retains the internal consistency of the General Plan and is consistent with other adopted plans, unless concurrent amendment to those plans is also proposed and will result in consistency.

The proposed amendments retain the internal consistency of the General Plan and are consistent with and do not require modifying other adopted plans.

Amendments To The General Plan and Title 9 (Planning Regulations) To Implement Housing Element Program LL
City Council Meeting | May 19, 2026

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(d) The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

The proposed amendments have been reviewed for, and are in compliance with, the requirements of the California Environmental Quality Act (CEQA).

They are exempt from CEQA review pursuant to State CEQA Guidelines Section 15162 and 15164 as the City Council adopted an addendum to the General Plan EIR when it approved the 2023-2031 Housing Element, and the proposed amendments implement the Housing Element and are thus within the scope of activities analyzed by the Addendum and the General Plan EIR. (e) The proposed amendment complies with State law for the preparation, adoption, and amendment of general plans at California Government Code Section 65350 et seq.

The proposed General Plan Amendment complies with applicable State law in that the procedures required by Government Code Section 65350 et seq. are satisfied. CEQA does not trigger public notice or review of an Addendum to a certified Environmental Impact Report. The standard public noticing of General Plan Amendment was done by publishing a notice in the local newspaper.

Planning Regulations Amendments
For the Planning Commission to recommend, and the City Council to approve the proposed amendment to the Planning Regulations, the Planning Commission and City Council need to make certain findings outlined in Section 9.7-1305 of the Planning Regulations. Staff believes these findings can be made as follows:
a) The proposed amendment is consistent with the General Plan.

The amendments to Figure 9-4.201(a) and Table 9-4.201(a) in the Planning Regulations are to ensure consistency with updated General Plan Map Figure 2-3; and the amendments to Figure 9-4.203(a) and Table 9-4.203(a) in the Planning Regulations are to ensure consistency with updated General Plan Map Figure 2-6.
b) The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.

The proposed amendments will contribute to the public health, safety, and general welfare of the public by implementing Program LL of the 2023-2031 Housing Element, which includes the stated goal of alleviating “constraints to the production of housing, including the production of housing for special needs populations.”
Amendments To The General Plan and Title 9 (Planning Regulations) To Implement Housing Element Program LL
City Council Meeting | May 19, 2026

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c) The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

The proposed amendments have been reviewed for, and are in compliance with, the requirements of CEQA. They are exempt from CEQA review pursuant to State CEQA Guidelines Section 15162 and 15164 as the City Council adopted an addendum to the General Plan EIR when it approved the 2023-2031 Housing Element, and the proposed amendments implement the Housing Element and are thus within the scope of activities analyzed by the Addendum and the General Plan EIR. Further, the proposed amendments. d) For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.

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

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

FISCAL IMPACT
None.

PLANNING COMMISSION RECOMMENDATION
On April 23, 2026, the Planning Commission held a public hearing on the proposed amendments to the General Plan and Planning Regulations. There was no public comment and the Commissioners present unanimously recommended the City Council approve the proposed Ordinance.

CONFLICT OF INTEREST
None.

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

1. Open the public hearing and take testimony on the proposed ordinance.

2. Close the public hearing and consider the Staff Report and proposed ordinance.

Amendments To The General Plan and Title 9 (Planning Regulations) To Implement Housing Element Program LL
City Council Meeting | May 19, 2026

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3. Adopt first reading of the attached ordinance.

PREPARED BY: Navarre Oaks, Senior Planner

ATTACHMENTS

1. Ordinance Amending The General Plan And Title 9 (Planning Regulations) Of The Emeryville Municipal Code
ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE TO AMEND THE GENERAL PLAN AND TO AMEND TITLE 9 (PLANNING REGULATIONS) OF

THE EMERYVILLE MUNICIPAL CODE TO IMPLEMENT PROGRAM LL OF THE APPROVED 2023-2031 HOUSING ELEMENT BY ELIMINATING THE BONUS FLOOR

AREA RATIO 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

OF ACTIONS IN AN APPROVED HOUSING ELEMENT)
WHEREAS, California Government Code Section 65300 requires each city and county to adopt a General Plan for the physical development of the jurisdiction and State law requires that General Plans contain seven elements which must include a Housing Element; and
WHEREAS, the current Emeryville Housing Element covers the eight-year period from 2023 to 2031 and the Planning Commission unanimously voted to recommend approval of the Housing Element to City Council, and the City Council unanimously adopted the Housing Element on December 12, 2022; and
WHEREAS, Program LL is one of several steps required to implement the Housing Element; and
WHEREAS, Program LL states that “The City will implement the following General Plan and Planning Regulation amendments to alleviate constraints to the production of housing, including the production of housing for special needs populations.”; and WHEREAS, this ordinance addresses all components of Program LL that require a General Plan Amendment; and
WHEREAS, on April 23, 2026, the Planning Commission held a duly and properly noticed public hearing and recommended that the Council adopt the ordinance.;

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

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

Ordinance No. _____
Amending the General Plan and Title 9 (Planning Regulations) of the Emeryville Municipal Code To Implement Program LL Of The Approved 2023-2031 Housing Element City Council Meeting | May 19, 2026

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SECTION TWO. FINDINGS FOR ADOPTING ORDINANCE.

The City Council of the City of Emeryville makes the following findings as required by Emeryville Municipal Code Section 9-7.1205:
(a) The proposed amendment will contribute to the public health, safety, and general welfare or will be of benefit to the public.

The proposed amendments retain the internal consistency of the General Plan and are consistent with and do not require modifying other adopted plans.
(d) The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

The proposed amendments have been reviewed for, and are in compliance with, the requirements of the California Environmental Quality Act (CEQA).

Page 3 of 10 ends

(e) The proposed amendment complies with State law for the preparation, adoption, and amendment of general plans at California Government Code Section 65350 et seq.

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

The proposed amendments will contribute to the public health, safety, and general welfare of the public by implementing Program LL of the 2023-2031 Housing Element, which includes the stated goal of alleviating “constraints to the production of housing, including the production of housing for special needs populations.”
c) The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

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d) For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.

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

SECTION THREE. AMENDING GENERAL PLAN MAP FIGURE 2-3 (MAXIMUM

FLOOR AREA RATIOS)
General Plan Map Figure 2-3 (Maximum Floor Area Ratios) is hereby amended as follows (text that is underlined is added and text that is marked with strikethrough is deleted:

SECTION FOUR. AMENDING GENERAL PLAN MAP FIGURE 2-6 (MAXIMUM

RESIDENTIAL DENSITIES)
General Plan Map Figure 2-6 (Maximum Residential Densities) is hereby amended as follows (text that is underlined is added and text marked with strikethrough is deleted):

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SECTION FIVE. AMENDING TABLE 9-4.201(a) “MAXIMUM FLOOR AREA RATIO” OF THE TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE Text marked with a strikethrough is deleted:

SECTION SIX. AMENDING FIGURE 9-4.201(a) “MAXIMUM FLOOR AREA RATIOS” OF TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE Figure 9-4.201(a) “Maximum Floor Area Ratios” is hereby amended by removing the existing map and replacing it with the amended General Plan Map (the image underlined added, the image deleted:

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SECTION SEVEN. AMENDING TABLE 9-4.203(a) “MAXIMUM RESIDENTIAL DENSITIES” OF TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE

MUNICIPAL CODE
Table 9-4.203(a) “Maximum Residential Densities” is hereby amended as follows (text that is underlined is added and text marked with strikethrough is deleted):

SECTION EIGHT. AMENDING FIGURE 9-4.203(a) “MAXIMUM RESIDENTIAL DENSITIES” OF TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE

MUNICIPAL CODE
Ordinance No. _____
Amending the General Plan and Title 9 (Planning Regulations) of the Emeryville Municipal Code To Implement Program LL Of The Approved 2023-2031 Housing Element City Council Meeting | May 19, 2026

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Figure 9-4.203(a) “Maximum Residential Densities” is hereby amended by removing the existing map and replacing it with the amended General Plan Map (the image underlined added, the image deleted):

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

SECTION TEN. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION This ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15162 and 15164, the City Council adopted an addendum to the General Plan EIR when it approved the 2023-2031 Housing Element, and the proposed amendments implement the Housing Element and are thus within the scope of activities analyzed by the Addendum and the General Plan EIR. Further, the proposed amendments are exempt from CEQA pursuant to Public Ordinance No. _____
Amending the General Plan and Title 9 (Planning Regulations) of the Emeryville Municipal Code To Implement Program LL Of The Approved 2023-2031 Housing Element City Council Meeting | May 19, 2026

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Resources Code Section 21080.085 because they implement the schedule of actions in an approved Housing Element.

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

SECTION TWELVE. CODIFICATION
Sections Five, Six, Seven, and Eight of this Ordinance shall be codified in the Emeryville Municipal Code. Sections One, Two, Three, Four, Nine, Ten, Eleven, and Twelve shall NOT be so codified.

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY
ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE TO AMEND THE GENERAL PLAN AND TO AMEND TITLE 9 (PLANNING REGULATIONS) OF

THE EMERYVILLE MUNICIPAL CODE TO IMPLEMENT PROGRAM LL OF THE APPROVED 2023-2031 HOUSING ELEMENT BY ELIMINATING THE BONUS FLOOR

AREA RATIO 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

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

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

SECTION TWO. FINDINGS FOR ADOPTING ORDINANCE.

Ordinance No. _____
Housing Element Program LL General Plan and Planning Regulations Amendment City Council Meeting | June 2, 2026

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The proposed amendments have been reviewed for, and are in compliance with, the requirements of the California Environmental Quality Act (CEQA).

Ordinance No. _____
Housing Element Program LL General Plan and Planning Regulations Amendment City Council Meeting | June 2, 2026

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The City Council of the City of Emeryville makes the following findings as required by Emeryville Municipal Code Section 9-7.1305:
a) The proposed amendment is consistent with the General Plan. ▪ The amendments to Figure 9-4.201(a) and Table 9-4.201(a) in the Planning Regulations are to ensure consistency with updated General Plan Map Figure 2-3; and the amendments to Figure 9-4.203(a) and Table 9-4.203(a) in the Planning Regulations are to ensure consistency with updated General Plan Map Figure 2-6.
b) The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.
▪ The proposed amendments will contribute to the public health, safety, and general welfare of the public by implementing Program LL of the 2023-2031 Housing Element, which includes the stated goal of alleviating “constraints to the production of housing, including the production of housing for special needs populations.”
c) The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.
▪ The proposed amendments have been reviewed for, and are in compliance with, the requirements of CEQA. They are exempt from CEQA review pursuant to State CEQA Guidelines Section 15162 and 15164 as the City Council adopted an addendum to the General Plan EIR when it approved the 2023-2031 Housing Element, and the proposed amendments implement the Housing Element and are thus within the scope of activities analyzed by the Addendum and the General Plan EIR. Further, the proposed amendments.

Ordinance No. _____
Housing Element Program LL General Plan and Planning Regulations Amendment City Council Meeting | June 2, 2026

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

SECTION THREE. AMENDING GENERAL PLAN MAP FIGURE 2-3 (MAXIMUM

FLOOR AREA RATIOS)
General Plan Map Figure 2-3 (Maximum Floor Area Ratios) is hereby amended as follows (text that is underlined is added and text that is marked with strikethrough is deleted:

SECTION FOUR. AMENDING GENERAL PLAN MAP FIGURE 2-6 (MAXIMUM

RESIDENTIAL DENSITIES)
General Plan Map Figure 2-6 (Maximum Residential Densities) is hereby amended as follows (text that is underlined is added and text marked with strikethrough is deleted):

Ordinance No. _____
Housing Element Program LL General Plan and Planning Regulations Amendment City Council Meeting | June 2, 2026

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SECTION FIVE. AMENDING TABLE 9-4.201(a) “MAXIMUM FLOOR AREA RATIO” OF THE TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE MUNICIPAL CODE Text marked with a strikethrough is deleted:

Ordinance No. _____
Housing Element Program LL General Plan and Planning Regulations Amendment City Council Meeting | June 2, 2026

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Ordinance No. _____
Housing Element Program LL General Plan and Planning Regulations Amendment City Council Meeting | June 2, 2026

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SECTION SEVEN. AMENDING TABLE 9-4.203(a) “MAXIMUM RESIDENTIAL DENSITIES” OF TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE

MUNICIPAL CODE
Table 9-4.203(a) “Maximum Residential Densities” is hereby amended as follows (text that is underlined is added and text marked with strikethrough is deleted):

SECTION EIGHT. AMENDING FIGURE 9-4.203(a) “MAXIMUM RESIDENTIAL DENSITIES” OF TITLE 9 (PLANNING REGULATIONS) OF THE EMERYVILLE

MUNICIPAL CODE
Figure 9-4.203(a) “Maximum Residential Densities” is hereby amended by removing the existing map and replacing it with the amended General Plan Map (the image underlined added, the image deleted):

Ordinance No. _____
Housing Element Program LL General Plan and Planning Regulations Amendment City Council Meeting | June 2, 2026

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Ordinance No. _____
Housing Element Program LL General Plan and Planning Regulations Amendment City Council Meeting | June 2, 2026

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

Ordinance No. _____
Housing Element Program LL General Plan and Planning Regulations Amendment City Council Meeting | June 2, 2026

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Ordinance No. _____
Housing Element Program LL General Plan and Planning Regulations Amendment City Council Meeting | June 2, 2026

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AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: June 2, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Lilybell Nakamura, Human Resources Director SUBJECT: ANNUAL CITY VACANCIES, RECRUITMENT, AND RETENTION EFFORTS PURSUANT TO AB 2561

RECOMMENDATION
Conduct a public hearing to present the status of vacancies, recruitment, and retention efforts in accordance with California AB 2561.

BACKGROUND
On September 22, 2024, the Governor of California approved Assembly Bill (AB) 2561 (Gov. Code section 3502.3), which requires public agencies to present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year.

SUMMARY
The City has 174.61 full-time equivalent positions (FTEs) budgeted in Fiscal Year 2025- 2026 (FY 25-26). These include 142.6 regular benefited FTEs plus 32.01 non-benefited FTE’s.

The 142.6 regular benefited FTEs include positions represented by four bargaining groups: Service Employees International Union (SEIU) Local 1021, Confidential, Administrative, Managerial and Professional (CAMP), Police Officers Association (POA), and Police Management Association (PMA), as well as the unrepresented benefited employees that include Department Heads and Human Resources employees. The other 32.01 FTE’s are unrepresented seasonal, part-time and temporary employees.

The Citywide vacancy rate for the period ending May 17, 2025 was 14.6%. Since then, for the period of May 1, 2025 through May 14, 2026, the City hired and promoted 26 employees and had 12 employee separations (7 resignations, 1 involuntary, and 4 retirements).

As of May 16, 2026, the City has 124.6 filled positions and 18 vacant positions resulting in a Citywide vacancy rate of 12.6%. Vacancy rates for bargaining groups range from 0% to 18.2%.

AB 2561 Annual Report
City Council Meeting | June 2, 2026

Page 2 of 3 ends

Recruitment and Retention Efforts
The City’s successfully negotiated Memorandum of Understanding (MOU) for 2023- 2026 with its four bargaining group greatly improved its ability and position to attract and retain employees.

The Human Resources Department completed over 20 recruitments this past year and saw an increase in the number of applications received for many recruitments. The Public Works Maintenance Worker recruitment received 182 applications; the Office Assistant II recruitment received 349 applications; the Human Resources Analyst recruitment received 420 applications; the Management Analyst recruitments received 397 applications; and the Community & Economic Development Coordinator I/II recruitment received 341 applications.

Additionally, the City has seen improvement in offer acceptance over the past year. Of the 28 employment and promotional offers made by the City, 26 were accepted resulting in a 92.9% acceptance rate. All 26 employees who accepted the offers remain employed with the City, reflecting a 100% retention rate for the new hires and promotions.

The City will continue recruiting to fill the vacant budgeted positions during the next Fiscal Year and will provide another annual report in 2027.

DISCUSSION
SEIU Local 1021 Vacancy Rates and Recruitment Efforts
SEIU has 66 budgeted FTEs, 54 filled, and 12 vacant positions for a vacancy rate of

18.2%. The City recently completed the recruitment processes for the Office Assistant, Teacher Assistant, Teacher Associate, Police Communications Dispatcher and Community & Economic Development Coordinator I/II positions. Additionally, the Police Services Technician recently closed and received 167 applications. As such, the City expects to fill 7 of these vacancies which will bring the vacancy rate down to 7.5%.

CAMP Vacancy Rates and Recruitment Efforts
CAMP has 23.6 budgeted FTEs, 20.6 filled, and 3 vacant positions for a vacancy rate of

12.7%. Over the last year, the City hired and filled the critical positions of Public Works Operations and Facilities Manager, Accounting Manager, and Chief Building/Fire Code Official. The City recently conducted the oral board examinations for the Recreation Supervisor which will result in the vacancy rate going down to 8.4%.

POA Vacancy Rates and Recruitment Efforts
POA has 37 positions budgeted, 34 filled, and 3 vacant positions for a vacancy rate of

8.1%. Two of the 34 positions filled are Police Officer Trainees enrolled in the Police Academy expected to graduate in October 2026. The Police Department recently received resignation notices from 3 of its current Police Officers which will bring the number of vacancies to 6, a vacancy rate of 16.2%. Additionally, there are 5 sworn AB 2561 Annual Report
City Council Meeting | June 2, 2026

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employees in the POA that are eligible to retire which would increase the number of vacant positions to 11, a vacancy rate of 29.7%.

The City promoted 3 Police Officers to Police Sergeant in September 2025. There are 2 command staff employees eligible to retire. This would provide potential promotional opportunities for POA and could result in two additional vacancies for a total of 13, a vacancy rate of 35.1%. As such, the City is continuing to explore ways to improve the recruitment and retention for POA.

PMA Vacancy Rates and Recruitment Efforts
PMA has 3 budgeted FTEs, 3 filled positions, and 0 vacancies. The City promoted 2 Police Sergeants to Police Lieutenant following a recruitment in July 2025. The City filled 1 Police Captain vacancy in December 2025.

Unrepresented Benefited Position Vacancy Rates and Recruitment Efforts Unrepresented benefited positions has 13 budgeted FTEs, 13 filled positions, and 0 vacancies. Unrepresented benefited positions include Department Head positions which continue to be in great demand. The City will need to explore ways to retain its highly sought after qualified and experienced leadership team.

FISCAL IMPACT
There is no fiscal impact on the budget to receive this informational report.

STAFF COMMUNICATION WITH THE PUBLIC
Staff has not had any communication with the public regarding this matter.

CONCLUSION
Staff recommend that the City Council receive this informational report.

PREPARED BY: Lilybell Nakamura, Human Resources Director

ATTACHMENTS
▪ Attachment A – Budgeted, Filled and Vacant Positions as of May 16, 2026 Attachment A Budgeted Filled and Vacant Position Report Summary By Bargaining Unit Budgeted Filled Vacancies %
CAMP 23.6 20.6 3 12.7%
POA 37 34 3 8.1%
PMA 3 3 0 0.0%
SEIU 66 54 12 18.2%
Unrepresented 13 13 0 0.0%
*Total of Regular FTEs 142.6 124.6 18 12.6%
Unrep'd Part-Time/Seasonal 32.01
*Total of All FTEs 174.61
As of May 16, 2026 Page 1
Budgeted Filled and Vacant Position Report Detail
Position Bargaining Unit Budgeted Filled Vacancy
Accounting Manager CAMP 1 1 0
Administrative Assistant - Confidential CAMP 1 1 0
Assistant City Attorney CAMP 1 0 1
Chief Building Official/Fire Code Official CAMP 1 1 0
Child Development Center Asst Manager CAMP 1 1 0
Child Development Center Manager CAMP 1 1 0
Code Enforcement Officer CAMP 1 1 0
Deputy City Clerk CAMP 1 1 0
Economic Development Housing Manager CAMP 1 1 0
Environmental Progams Supervisor CAMP 1 1 0
Human Resources Assistant CAMP 1 1 0
Human Resources Technician (PT) CAMP 0.6 0.6 0
Information Systems Analyst II CAMP 3 2 1
Management Analyst (CD) CAMP 1 1 0
Management Analyst (PW) CAMP 1 1 0
Planning Manager CAMP 1 1 0
Police Services Manager CAMP 1 1 0
Public Works Supervisor CAMP 1 1 0
PW Operations & Facilities Manager CAMP 1 1 0
Recreation Supervisor CAMP 3 2 1
Police Officer POA 30 27 3
Police Sergeant POA 7 7 0
Police Captain PMA 1 1 0
Police Lieutenant PMA 2 2 0
Accountant SEIU 1 1 0
Accounting Technician SEIU 1 1 0
Administrative Analyst SEIU 1 1 0
Administrative Assistant (CD) SEIU 1 1 0
Assistant Planner SEIU 1 1 0
Associate Civil Engineer SEIU 2 2 0
Associate Planner SEIU 1 0 1
Building Inspector/Senior SEIU 1 0 1
Building Permit Technician SEIU 1 1 0
Comm & Econ Dev Coord II SEIU 2 1 1
Crew Leader SEIU 3 3 0
Environmental Programs Analyst SEIU 1 1 0
Lead Teacher SEIU 1 0 1
Maintenance Worker SEIU 6 6 0
Office Assistant I (CM) SEIU 1 1 0
Office Assistant II (CS) SEIU 2 1 1
Payroll Technician SEIU 1 1 0
Police Admin Specialist SEIU 1 1 0
Police Comm Dispatcher SEIU 10 8 2
Police Property & Evidence Tech SEIU 1 1 0
Police Records Specialist SEIU 1 1 0
Police Services Technician SEIU 3 2 1
Program Coordinator SEIU 3 3 0
As of May 16, 2026 Page 2
Budgeted Filled and Vacant Position Report Detail
Position Bargaining Unit Budgeted Filled Vacancy
Recreation Assistant SEIU 1 1 0
Senior Accountant SEIU 1 0 1
Senior Accounting Technician SEIU 1 1 0
Senior Civil Engineer SEIU 2 2 0
Senior Planner SEIU 1 1 0
Teacher SEIU 7 6 1
Teacher Assistant SEIU 4 3 1
Teacher Associate SEIU 3 2 1
Assistant City Manager Unrepresented 1 1 0
City Attorney Unrepresented 1 1 0
City Clerk Unrepresented 1 1 0
City Manager Unrepresented 1 1 0
Director of Community Dev Unrepresented 1 1 0
Director of Community Services Unrepresented 1 1 0
Director of Finance Unrepresented 1 1 0
Director of HR Unrepresented 1 1 0
Director of IT Unrepresented 1 1 0
Director of Publc Works Unrepresented 1 1 0
HR Analyst/Sr. HR Analyst Unrepresented 2 2 0
Police Chief Unrepresented 1 1 0
142.6 124.6 18
As of May 16, 2026 Page 3
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: June 2, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: April Foran, City Clerk
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AMENDING THE CITY COUNCIL RULES OF PROCEDURE TO

CONFORM WITH NEW BROWN REQUIREMENTS AND THE

INCLUSION OF A POLICY FOR DISRUPTION OF TELEPHONIC OR

INTERNET SERVICE DURING MEETINGS

RECOMMENDATION
Staff recommends that the City Council adopt a resolution amending the City Council Rules of Procedure (ROP) to conform with new Brown Act requirements and the inclusion of a Policy for Disruption of Telephonic or Internet Service During Meetings.

BACKGROUND
On October 3, 2025, Governor Gavin Newsom signed SB 707 into law, enacting major amendments for 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 imposes greater public access requirements, makes amendments to conform the Brown Act to the Americans with Disabilities Act (ADA) and requires the City Council to adopt a Policy for Disruption of Telephonic or Internet Service During Meetings.

On May 5, 2026, the City Council held a Study Session to review the changes to the Brown Act and a draft Policy for Disruption of Telephonic or Internet Service During Meetings.

DISCUSSION
The City Council Rules of Procedure needs to be amended to include the new Brown Act requirements. Additionally, as an eligible legislative body, the City Council is required to adopt a policy for 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.

Staff recommends the Policy For Disruption of Telephonic or Internet Service During Meetings be placed as Appendix A in the City Council’s Rules of Procedure.

Amendment to the City Council Rules of Procedure
City Council Meeting | June 2, 2026

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The amendment to the City Council Rules of Procedure also includes the deletion of all references to the Management of Emeryville Services Authority (MESA), as that entity was dissolved in December of 2025.

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

STAFF COMMUNICATION WITH THE PUBLIC
Staff made a presentation regarding the new Brown Act requirements and provided a draft Policy for Disruption of Telephonic or Internet Service During Meetings at the City Council Study Session on May 5, 2026.

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

CONCLUSION
Staff recommends that the City Council adopt a resolution amending the City Council Rules of Procedure (ROP) to conform with new Brown Act requirements and the inclusion of a Policy for Disruption of Telephonic or Internet Service During Meetings.

PREPARED BY: April Foran, City Clerk

ATTACHMENTS
▪ Attachment A – City Council Rules of Procedure – Redline ▪ Attachment B – City Council Reules of Procedure - Clean ▪ Draft Resolution

CALIFORNIA
City Council
Rules of Procedure
OCTOBER 21, 2025JUNE 2, 2026
City of Emeryville | City Council Rules of Procedure
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City Council Rules of Procedure

TABLE OF CONTENTS

1. Authority and Applicability .......................................................................................... 4

1.1 Authority .......................................................................................................... 4

1.2 Applicability ..................................................................................................... 4

2. General Rules ............................................................................................................ 4

2.1 Public Meetings ............................................................................................... 4

2.2 Meeting Dates/Time ........................................................................................ 4

2.3 Quorum ........................................................................................................... 5

2.4 Compelling Attendance ................................................................................... 5

2.5 Teleconferencing ............................................................................................. 5

2.6 Minutes of Proceeding .................................................................................. 98

2.7 Right of the Floor ........................................................................................... 98

2.8 Rules of Order ............................................................................................... 98

2.9 City Manager ................................................................................................. 98

2.10 City Attorney .................................................................................................. 98

2.11 City Clerk ....................................................................................................... 98

2.12 Mayor/Vice Mayor ....................................................................................... 109

2.13 Call to Order ................................................................................................ 109

2.14 Preservation of Order .................................................................................. 109

2.15 Point of Order .............................................................................................. 109

2.16 Authority to Clear Room Where Meeting Willfully Interrupted ..................... 109

2.17 Department Heads/Employees ................................................................... 109

2.18 Semi-Annual Recess ................................................................................... 109

3. Types of Meetings ................................................................................................ 1110

3.1 Regular Meetings ...................................................................................... 1110

3.2 Adjourned Meetings .................................................................................. 1110

3.3 Special Meetings ....................................................................................... 1110

3.4 Closed Session Meetings .......................................................................... 1110

3.5 Study Session Meetings ............................................................................ 1110

3.6 Media Attendance ..................................................................................... 1110

4. Order and Preparation of Agenda ........................................................................ 1211

4.1 Order of Business ..................................................................................... 1211

4.2 Agenda Preparation .................................................................................. 1211 City of Emeryville | City Council Rules of Procedure
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4.3 Action Minutes ........................................................................................... 1312

4.4 Approval of Final Agenda .......................................................................... 1312

4.5 Ex Parte Communications Report ............................................................. 1312

4.6 Public Comment ........................................................................................ 1312

4.7 Consent Calendar ..................................................................................... 1413

4.8 Public Hearings ......................................................................................... 1413

4.9 Future Agenda Item Requests .................................................................. 1413

4.10 Hearing Items Out of Order ....................................................................... 1413

5. Citizens’ Rights .................................................................................................... 1514

5.1 Addressing the City Council ...................................................................... 1514

5.2 Disruptive Behavior ................................................................................... 1514

5.3 Written Communications ........................................................................... 1514

6. Preparation of Ordinances, Resolutions and Contracts/Agreements ................... 1615

6.1 Ordinances ................................................................................................ 1615

6.2 Resolutions ............................................................................................... 1615

6.3 Contracts ................................................................................................... 1615

6.4 Document Approval ................................................................................... 1615

6.5 Ordinance Introduction/Adoption ............................................................... 1615

6.6 Majority Vote Required .............................................................................. 1716

6.7 Ordinance and Resolution Preservation .................................................... 1716

7. Procedures Regarding Public Hearings ............................................................... 1716

7.1 Introduction ............................................................................................... 1716

7.2 Staff and Written Material Presentation ..................................................... 1716

7.3 Public Testimony ....................................................................................... 1716

7.4 City Council Deliberation ........................................................................... 1716

7.5 City Council Action .................................................................................... 1817

8. Boards, Commissions and Commitees ................................................................ 1817

8.1 Citizens Boards, Commissions, and Committees ...................................... 1817

8.2 Appointments to Boards, Commissions, and Committees ........................ 1817

8.3 City Council Participation .......................................................................... 1817

9. Suspension and Amendments of Rules ............................................................... 1918

9.1 Suspension ............................................................................................... 1918

9.2 Amendment ............................................................................................... 1918

10.Miscellaneous Rules ............................................................................................ 1918

10.1 Roll Call Votes ........................................................................................... 1918 City of Emeryville | City Council Rules of Procedure
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10.2 Personal Privilege ..................................................................................... 1918

10.3 Protests ..................................................................................................... 1918

10.4 Motion to Reconsider ................................................................................ 1918

11.Rules of Debate ................................................................................................... 2019

11.1 Mayor as Presiding Officer ........................................................................ 2019

11.2 Appeals ..................................................................................................... 2019

11.3 Precedence of Motions ............................................................................. 2019

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1. AUTHORITY AND APPLICABILITY

1.1 Authority
As provided by Government Code Section 36813, the City Council establishes these Rules of Procedure for the conduct of meetings. The following rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new rules adopted in the manner provided by these Rules.

1.2 Applicability
These Rules of Procedure shall apply to the Emeryville City Council, the Community Development Commission of Emeryville, the City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, the Management of Emeryville Services Authority, and the Emeryville Public Finance Authority. All references to "City Council" include "Community Development Commission", "Successor Agency", "MESA", and "Finance Authority"; all references to the "Mayor and City Council Members" include "Successor Agency Chair and Members of the Redevelopment Agency", "Commission Chair and Members of the Community Development Commission", "MESA Chair and Members of the MESA Board", and "Finance Authority Chair and Members of the Authority Board"; all references to "City Manager" include "Executive Director of the Successor Agency", "Executive Director of the Community Development Commission", "City Manager of MESA", and "Executive Director of the Finance Authority"; all references to "City Attorney" include "Successor Agency General Counsel", "Commission General Counsel", "MESA Legal Counsel", and Finance Authority Legal Counsel"; and all references to "City Clerk" include "Successor Agency Secretary", "Commission Secretary", "MESA Secretary", and "Finance Authority Secretary". The City Council agenda will include information that all regular or special meetings of the Emeryville City Council also serve as meetings of the City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, the Community Development Commission, and Public Finance Authority when items are listed on the agenda.

2. GENERAL RULES

2.1 Public Meetings
All meetings (except closed sessions as provided by State law) of the City Council shall be open to the public. 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.

2.2 Meeting Dates/Time
Regular meetings of the City Council will be held on the 1st and 3rd Tuesday of each month, and will convene at 7:00 p.m., unless otherwise provided by resolution of the City Council. Regular meetings of the City Council also serve as regular meetings of the Successor Agency, Community Development Commission, and the Finance Authority.

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meetings may be called by the Mayor or a majority of the City Council. Meetings will adjourn at 11:30 p.m. unless a majority of the City Council votes to proceed with the business beyond that time.

2.3 Quorum
Three members of the City Council shall constitute a quorum necessary to transact business. In the event a quorum is not in attendance, those attending will be named in the minutes, and they shall adjourn the meeting to a later set time.

2.4 Compelling Attendance
Members must advise the Mayor or the City Manager to issue an "excused absence" when they are unable to attend, or it will be noted in the Action Minutes as an unexcused absence.

2.5 Remote Participation (Teleconferencing) By Council Members and the Public Teleconferencing
Pursuant to Government Code 54953 (the Brown Act), teleconferencing may be used for all purposes during any City Council meeting by Council Members for their participation in open and closed sessions of regular and special City Council meetings, either for entire meetings or a specific agenda item.

Traditional Teleconferencing Procedures
If a Council Member requests the use of teleconferencing for their participation in a meeting that they are unable to attend, the following requirements must be met in order to be in compliance with the regulations stipulated in the Brown Act:

1. At least a quorum of the City Council must participate from a location within the city’s jurisdiction.

2. Each teleconference location must be identified in the notice and agenda of the meeting. When notifying the City Clerk that they will participate in a meeting via teleconferencing, the City Council Member will provide the address of the publicly accessible location from which they will teleconference, and the telephone number from which they will be participating, which shall be a land line, if available. This information will be included on the published meeting agenda.

3. Agendas must be posted at each teleconference location. Where practical, the agendas should be posted both outside the main facility of a teleconference location at a main entrance (e.g., outside an office building or hotel) and also outside the specific teleconference location (e.g., outside the particular room or office door).

4. Each location must be accessible to the public. This requirement precludes some locations, such as via cell phone while driving or in offices not accessible to the public. All telephones used for teleconferencing must have a functioning speaker to enable public access, even if there are no members of the public present at a particular location.

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5. The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.

6.1. All votes taken must be by roll call.

At a meeting where teleconferencing will be used, the Presiding Officer will call the meeting to order and then, prior to the roll call, will ask that it be reflected in the minutes that, pursuant to California Government Code Section 54953, a Council Member will be participating via teleconference and will announce that the teleconference location has been identified in the notice and agenda for this meeting. Following the roll call by the City Clerk, the Presiding Officer will confirm with the teleconferencing party that they can hear the proceedings, have a copy of the agenda, have posted the agenda properly at their location, that their location is publicly accessible, and ask them to report whether or not there is a member or members of the public at their location. The Presiding Officer will further confirm that the Council Members present at the meeting can hear the teleconferencing party , and then may commence with the meeting business.

In the event that the Presiding Officer is not able to establish that all of the requirements as set forth in Brown Act regulations for teleconferencing have been met, the Council Member wishing to participate via teleconference would not be able to do so.

Remote Participation Due to an Accommodation Under the Americans with Disabilities Act
Council Members are allowed to participate remotely as a reasonable accommodation for a disability under the Americans with Disabilities Act (ADA). Remote participation by a Council 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. 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 at their location and their relationship at each meeting.
“Just Cause” Teleconferencing Provisions Under AB 2449 (sunsets January 1, 2030) The Brown Act AB 2449 authorizes legislative body members to use teleconferencing without complying with traditional teleconference requirements under the following conditions:

Under AB 2449, Llegislative body members may participate remotely a limited number of times per year. The maximum for each member is calculated based on the number of meetings held by their legislative body in a year.

AB 2302 (effective January 1, 2025), limits the allowable remote appearances by an individual Council Member to the following:

Five (5) times per year as the body regularly meets twice per month.

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A member of a legislative body wishing to participate remotely under AB 2449 may do so either for “just cause” or under “emergency circumstances,” as those exceptions are defined under state law. The individual legislative body member must choose which exception to pursue.

Under either exception, “Just Cause” teleconferencing requires that at least a quorum of the members of the legislative body must participate at a single physical meeting location identified on the agenda, situated within the local agency’s jurisdiction, and open to the public. For this reason, no more than two members of a legislative body may utilize these teleconference provisions at any one time. Members participating remotely must have both audio and video capabilities.

Exception #1: “Just Cause”
Circumstances permitting use of “just cause” exception are limited to:
 Caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely.  A contagious illness that prevents the member from attending in person.  A need related to a physical or mental disability that is not subject to accommodation under the ADA.
 Travel while on official business of the legislative body or another state or local agency.
 A physical or family medical emergency that prevents a member from attending in person.
 An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely.
 Military service obligations that result ina member being unable to attend in person because they are serving under official written orders for active duty, drill, annual training, or any other duty required as a member of the California National Guard or a United States Military Reserve organization that requires the member to be at least 50 miles outside the boundaries of the local agency.

1. In order to participate remotely under the “just cause” exception, the member must notify the City Manager, City Clerk, or Presiding Officer at the earliest possible opportunity of their need to participate remotely. The notification must include a description of the circumstances relating to the member’s need to appear remotely.

Under state law, the description does not have to be more than 20 words and the member does not have to disclose any personal medical information.

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2. The member must disclose at the meeting, before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual. The Presiding Officer will ask the virtual participant to disclose this information following roll call.

Exception #2: Emergency Circumstances
Circumstances permitting use of “emergency circumstances” exception are limited to: A physical or family medical emergency that prevents a member from attending in person.

1. The member’s ability to participate remotely under the “emergency circumstances” exception is contingent upon making a request to the legislative body, which must take action by majority vote to approve the request. The member must notify the City Manager, City Clerk, or Presiding Officer at the earliest possible opportunity of their need to participate remotely. The notification must include a description of the circumstances relating to the member’s need to appear remotely. Under state law, the description does not have to be more than 20 words and the member does not have to disclose any personal medical information.

2. This item will be added as an urgency Item by the Presiding Officer, City Manager, or City Attorney at the beginning of the meeting and action taken following roll call.

The member must disclose at the meeting, before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual. The Presiding Officer will ask the virtual participant to disclose this information following roll call.

Members are responsible for their own conduct in terms of complying with AB 2449, but failure to comply with state law constitutes a violation of the Brown Act, potentially jeopardizing the validity of these meetings. The City Clerk will advise the City Council of the number of times the member has utilized teleconferencing under these rules. Any legislative body member who attempts to join a meeting virtually in excess of the number of meetings allowed per year, or whose request to virtually attend a meeting under the “Emergency Circumstances” exception is not approved, will be marked as absent. They will be able to join the meeting as a member of the public.

Remote Public Participation
Beginning July 1, 2026, 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.

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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. The Technology Disruption Policy is Appendix A of the City Council Rules of Procedure.

2.6 Minutes of Proceeding
The City Clerk shall provide the City Council with Action Minutes of the City Council meetings as described in Section 4.3 of these rules. Most proceedings of the City Council shall be digitally recorded by the City Clerk or the Clerk’s designee and retained as required by law. If the video transmission of the City Council meetings is, for whatever reason, interrupted or not properly functioning, the City Council shall take a vote to decide whether to proceed with the meeting.

2.7 Right of the Floor
Any Member desiring to speak shall first be recognized by the Presiding Officer and shall, with the exception of Public Comment, confine any remarks to the subject under consideration.

2.8 Rules of Order
Except in cases of conflict with these Rules, "Robert's Rules of Order" shall govern the proceedings of this City Council.

2.9 City Manager
The City Manager shall attend all meetings of the City Council unless excused, and in their absence, the City Manager's designee shall substitute. The City Manager shall have the right to make recommendations and shall have the right to take part in all discussions of the City Council, but shall have no vote.

2.10 City Attorney
The City Attorney shall attend all meetings of the City Council unless excused, and in their absence, the Assistant City Attorney or other designee shall substitute. The City Attorney, upon request, shall give opinions, either written or oral on questions of law and shall act as City Council's parliamentarian.

2.11 City Clerk
The City Clerk shall attend all meetings of the City Council unless excused, and in their absence, the Deputy City Clerk or other designee shall substitute. The City Clerk shall record, prepare, and maintain the official record of the City Council and perform other related duties as prescribed by the City Council.

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2.12 Mayor/Vice Mayor
The Mayor is a member of the City Council and thus has all the powers of a member. The Mayor shall be the Presiding Officer. In the Mayor's absence, the Vice Mayor shall preside. In the absence of both, the City Council Members present shall elect a Presiding Officer. The City Council, at the first meeting in December, or as soon thereafter as the matter can be decided, shall appoint by majority vote of the City Council (three votes required) the Mayor and the Vice Mayor to serve for the subsequent year.

2.13 Call to Order
The Presiding Officer shall call the meeting to order at the appointed time. In the absence of both the Mayor and Vice Mayor, the meeting shall be called to order by the City Clerk.

The City Council Members present shall proceed to elect a Temporary Presiding Officer.

2.14 Preservation of Order
The Presiding Officer shall preserve strict order and decorum and prevent disruption of the meeting.

2.15 Point of Order
The Presiding Officer shall determine all points of order subject to the right of any member to appeal. If an appeal is taken, the question shall be, "shall the Presiding Officer’s decision be sustained?"

2.16 Authority to Clear Room Where Meeting Willfully Interrupted In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting infeasible, and order cannot be restored by removal of individuals who are willfully interrupting the meetings, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the Agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section.

Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

2.17 Department Heads/Employees
Department Heads shall attend City Council meetings when they have items on the agenda, or as directed by the City Manager. Other City staff shall attend City Council meetings as directed by the City Manager.

2.18 Semi-Annual Recess
The City Council shall recess for the month of August and the first meeting in January of each year, or such other month as approved by resolution of the City Council, which shall be known as the semi-annual recess. During the semi-annual recess, the City Council may be convened for special City Council meetings as provided for by law and these Rules.

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3. TYPES OF MEETINGS

3.1 Regular Meetings
The City Council shall meet in the City Council Chambers for all regular meetings. Regular meetings shall begin as noted in Section 2.2 above on the 1st and 3rd Tuesday of each month, unless otherwise provided by resolution of the City Council. If the meeting date occurs on a holiday, the City Council shall meet at a time and date so designated by the City Council.

3.2 Adjourned Meetings
Any regular or special meeting of the City Council may be adjourned to a later date, place, and time, provided no adjournment is for a longer period than the next regularly scheduled meeting.

3.3 Special Meetings
Special meetings may be called by the Mayor or by a majority of the City Council Members. The call for a special meeting must specify the day, hour, and place, and shall specify the subject(s) to be considered. Special Meetings shall be noticed and conducted in accordance with the Brown Act.

3.4 Closed Session Meetings
Closed Sessions may be held as part of a regular or special meeting of the City Council in accordance with the provisions of the Brown Act, as it may be amended from time to time.

3.5 Study Session Meetings
The City Council may meet informally in study sessions, workshops, training sessions or retreats called by the Mayor or the majority of City Council Members. Study Sessions are open to the public and are special meetings for the purposes of the Brown Act.

3.6 Media Attendance
All meetings (except closed sessions) of the City Council and City Boards/Commissions shall be open to the media, and may be recorded by tape, radio, television, and/or photography, provided such recordings do not interfere with the orderly conduct of the meetings.

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4. ORDER AND PREPARATION OF AGENDA

4.1 Order of Business

1. Call to Order

2. Roll Call

3. Approval of Final Agenda (regular meetings only)

4. Special Orders of the Day

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 (Special meetings do not have non-agenda public comment)

9. Consent Calendar
a. Standing item stating “All Ordinances are deemed read by title only and all further reading waived”

10. Public Hearings

11. Action Items

12. Department Head Reports
a. Announcement of commission/committee vacancies (if applicable)

13. Future Agenda Item Requests

14. Adjournment

4.2 Agenda Preparation

1. Items may be placed on the Agenda by the City Manager or the City Attorney, or by any Council Member once they have received majority approval of the entire Council upon making the request at a Council meeting under Future Agenda Item Requests, as described under Section 4.9, below.

2. Item titles and supporting documents are to be uploaded into the City’s agenda management systemolution, by 5 p.m. on Monday, 15 days preceding the regular meeting date. Each item shall contain a title, a brief description of the action to be taken and the supporting documents as described in Item #3, below.

3. Each item listed on the Consent Agenda, as a Public Hearing or an Action Item shall be accompanied by a staff report with a complete discussion of the background, associated fiscal impact, and the need for the action requested, along with any necessary resolutions, contracts or other supporting materials, uploaded and the automated approval review process initiated.

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4. City staff will post the Agenda containing a description for each item of business to be considered at the regular meeting to the City's website, together with all reports and other supporting documents pertaining thereto, and will notify the City Council Members and the public of the availability of the Agenda on Wednesday, six (6) days preceding the regular meeting.

5. Notwithstanding the foregoing, the Agenda for a regular meeting shall be publicly posted and made available to the City Council Members and the public as soon as practicable, but no later than 72 hours before the regular meeting. The Agenda for a special meeting shall be publicly posted and made available to the City Council Members and the public as soon as practicable, but no later than 24 hours before the special meeting. The Agenda for a regular meeting or special meeting will be publicly posted in the three (3) public placesat the Civic Center as identified in Section 2-8.01 of the Emeryville Municipal Code.

4.3 Action Minutes
The Action Minutes shall be accurate and shall consist of clear concise statements of every City Council action, including the motions made and the vote thereon. The City Clerk shall have exclusive responsibility for preparation of the Action Minutes and any directions or corrections of the Action Minutes shall be made only by action of the City Council at a City Council meeting.

4.4 Approval of Final Agenda
This heading provides an opportunity to approve the Agenda as published, or to allow a Council Member to make a motion that, for example, an item be added or deleted from the agenda or that the order in which the items are to be discussed be changed. This item is only applicable to regular meeting agendas.

4.5 Ex Parte Communications Report
Ex parte communication is any substantive oral or written communication between a decision maker and another party to the matter that is relevant to the merits of an agenda item, and which takes place outside of a City Council meeting that has been noticed and is open to the public.

When an ex parte contact does occur, the Council Member must disclose the contact and the substance of the information communicated on the record at the Council meeting where the item will be taken up.

4.6 Public Comment
Any person who desires to address the City Council on any item listed on a regular meeting Agenda under the Consent Calendar, or on a matter not on the Agenda which item is within the subject matter jurisdiction of the City Council, may do so during that portion of the Agenda called Public Comment. Special meetings will not include Public Comment for non-agenda items. The City Council and City staff may respond to public comments on items listed on the Agenda under the Consent Calendar, but may only respond to public comments on matters not on the Agenda in a way that is in accordance with California Government Code Section 54952.2. As such, for public comments on City of Emeryville | City Council Rules of Procedure
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matters not on the Agenda, the City Council or City staff, upon recognition of the Presiding Officer, may respond only briefly to statements made or questions posed, ask a question for clarification, refer the person to City staff or others for information, request staff to report back at a future meeting, direct staff to place a matter of business on a future meeting, or take action on an item in accordance with California Government Code Section 54952.2(b).

4.7 Consent Calendar
Items listed under the Consent Calendar are those items staff anticipates will not require City Council discussion and are routine in content. The Consent Calendar also includes resolutions confirming action from a previous meeting which are brought back for approval of form rather than approval of action and second readings of ordinances. Any City Council Member or City staff may remove an item from the Consent Calendar for individual or separate discussion and action. The City Manager may also remove an item from the Consent Calendar.

4.8 Public Hearings
Items requiring a Public Hearing will be posted in at least three public places identified in Section 2-8.01 of the Emeryville Municipal Code and advertised and mailed to property owners as required by law.

4.9 Future Agenda Item Requests
Under this heading, Council Members may make requests for items to be added to future agendas. Majority Council support must be received for the addition to be approved. The item may not be discussed in detail at this meeting, other than very briefly to give staff direction on the request. The City Manager and City Attorney will provide guidance on scheduling these added items given their knowledge of upcoming matters already scheduled.

4.10 Hearing Items Out of Order
The Presiding Officer may remove an item from the Agenda for consideration and action out of the order shown on the Agenda unless, by a majority vote, the City Council votes not to consider acting on the item out of order.

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5. CITIZENS’ RIGHTS

5.1 Addressing the City Council
Any person may address the City Council on the following Order of Business portion of the Agenda as identified in Section 4.1:

1. Public Comment

2. Consent Items before action is taken as part of Public Comment

3. Public Hearings

4. Action Items

5. Any other portion of the Agenda as required by the Brown Act.

The following shall apply:

1. Each person or group desiring to address the City Council shall approach the podium or use the “raise hand” feature on Zoom and wait until recognized by the Presiding Officer.

2. Each person addressing the City Council during a public comment period is requested but not required to state their name for the record.

3. Each speaker is limited to two (2) 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. Also at the Presiding Officer’s discretion, one, but no more than two, speakers may yield their time allotment to another designated speaker. The speaker must be present at the meeting or on Zoom in order to yield their time.

4. All remarks on an Agenda Item should be directed to the Mayor and City Council as a body and not to any particular member of the City Council or staff.

5. No person, other than members of the City Council and the person having the floor shall be permitted to enter into the discussion.

6. No question shall be asked of City Council Members or staff except through the Presiding Officer.

5.2 Disruptive Behavior
The Presiding Officer shall discourage demonstrations before the City Council, such as applauding or booing. Upon instructions by the Presiding Officer, the Chief of Police or their designee may be called for the purpose of removing any person who, in the Presiding Officer's judgment, has violated the rules of conduct and has disrupted the meeting.

5.3 Written Communications
Any person may submit written comments to the City Council through the City Clerk or City Manager's Office. via email or through the Written Comment Card available on the website. Items will be forwarded to the Council Members and added to the public binder available in the Council Chambers.

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6. PREPARATION OF ORDINANCES, RESOLUTIONS AND

CONTRACTS/AGREEMENTS

6.1 Ordinances
All ordinances shall be prepared by the City Attorney and shall be presented to the City Council only when ordered by the City Council through an approved future scheduling item or requested by the City Manager, or prepared by the City Attorney on their own initiative. The ordinances prepared by the City Attorney and adopted by the City Council shall be the official legislation of the City.

6.2 Resolutions
Resolutions are prepared for submission by City Department staff. The City Attorney shall review and approve, in advance, all resolutions presented to the City Council. The final resolution, as reviewed and approved as to form by the City Attorney and adopted by the City Council, shall be the official legislation of the City. In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. Urgency resolutions shall be avoided except when absolutely necessary.

6.3 Contracts
All contracts shall be prepared or approved by the City Attorney and shall be presented to City Council only when ordered by City Council through an approved future scheduling item, or submitted by the City Manager or City Attorney.

6.4 Document Approval
The City Council shall not take action on ordinances, resolutions, or contracts until they have been reviewed by the City Manager and approved as to form and legality by the City Attorney or Assistant City Attorney.

6.5 Ordinance Introduction/Adoption
Ordinances shall not be passed within five (5) days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance, as defined by California Government Code Section 36934, or an interim ordinance as provided by Government Code Section 65858, may be passed immediately upon introduction at either a regular or special meeting. There will be a standing item on the Consent Calendar stating that all Ordinances are deemed read by title only and all further reading waived.

When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five (5) days after alteration. Corrections or typographical or clerical errors are not alterations within the meaning of this section.

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6.6 Majority Vote Required
Unless otherwise provided by law, an affirmative vote of at least three (3) members of the City Council shall be necessary to adopt an ordinance or resolution.

6.7 Ordinance and Resolution Preservation
Following adoption of an ordinance or resolution, the City Clerk will assign a number and post according to law. The ordinances and resolutions, as prepared and approved by the City Attorney, shall be filed and preserved by the City Clerk's Office.

7. PROCEDURES REGARDING PUBLIC HEARINGS

7.1 Introduction
The Presiding Officer announces the subject of the public hearing.

7.2 Staff and Written Material Presentation

1. Staff summary report and other written material included in the Agenda packet is received and filed (e.g. protest, etc.) and noted for the record.

2. Written material not in the Agenda packet, if any, is received and filed.

3. Oral staff report, if any, is presented by staff member.

4. The applicant/representative gives presentation.

5. Staff and applicant/representative respond to City Council Member questions.

7.3 Public Testimony

1. Presiding Officer declares the public hearing open. The purpose is to provide an opportunity to concerned members of the audience who wish to testify in support or opposition to the matter being heard.

2. Presiding Officer instructs members of the audience:
a. To speak from the podium or use the “raise hand” feature in Zoom; b. To give their name before speaking, although the speaker is not required to identify him/herself or provide an address in order to speak;

3. That the normal time limit for each speaker is two (2) minutes; and

4. That repetition should be avoided.

5. Questions by speakers will be noted prior to City Council deliberation.

6. Prior to City Council deliberation, upon a vote of a majority of the City Council, the public hearing may be continued to a date certain.

7.4 City Council Deliberation

1. After the Presiding Officer has determined that no other members of the public wish to speak, the matter is returned to the City Council for deliberation. The Presiding Officer may close the public hearing at this time.

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2. The City Council may ask questions of staff, applicant/representative, or speakers for clarification.

3. Staff and/or City Council Members answer prior speaker's questions.

4.1. The City Council debates and makes a motion.

7.5 City Council Action

1. The City Council may, at this time, vote to reopen and continue the public hearing, if any additional information is requested (e.g. staff report).

2. The City Council may:
a. Vote on the item;
b. Offer amendments or substitute motions allowing additional public testimony; or
c. Continue the matter to a later date for a decision. (Please note that if the public hearing has been closed, no additional reports or testimony may be received at the later date unless the applicant agrees to the admission of such additional reports or testimony and is given an adequate opportunity to respond.)

8. BOARDS, COMMISSIONS AND COMMITEES

8.1 Citizens Boards, Commissions, and Committees
The City Council may create standing or ad hoc advisory boards, commissions, or committees. With the exception of the Planning Commission, which shall adopt its own Rules of Procedure, the advisory boards, commissions and committees created by the City Council shall operate under the Rules of Procedure for Local Boards, Commissions and Committees of the City Council of the City of Emeryville unless otherwise approved by the City Council.

8.2 Appointments to Boards, Commissions, and Committees The City Council shall appoint, from among eligible applicants, members to serve on all committees and commissions without prior review or recommendation from the members of the committee or commission to which the appointment is to be made. A majority of the City Council must confirm all appointments at a City Council meeting.

8.3 City Council Participation
Any Council Member may attend any advisory body meeting to observe, but not to participate, in the discussion or deliberation of any item within the subject matter jurisdiction of such bodies.

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9. SUSPENSION AND AMENDMENTS OF RULES

9.1 Suspension
Any provision of these rules not already governed by the City's Municipal Code or State law may be temporarily suspended by a majority vote of the City Council.

9.2 Amendment
These rules may be amended or new rules adopted as a regularly scheduled Agenda item by a majority vote of the City Council.

10. MISCELLANEOUS RULES

10.1 Roll Call Votes
In compliance with California Senate Bill 751, enacted in 2013, to amend Section 54953 of the California Government Code, the legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each Member present for the action. To accomplish this, the City Clerk shall take a verbal roll call vote on any and all motions before the City Council. The Mayor's name shall be called last and the Vice-Mayor next to last with the other members' names called in alphabetical order by the City Clerk.

10.2 Personal Privilege
The right of a City Council Member to address the City Council on a question of personal privilege shall be limited to cases in which the integrity, character, or motives of the City Council Member are called into question by a public speaker, or to where the welfare of the City Council is concerned. The City Council Member may not interrupt the speaker, however, until recognized by the Presiding Officer.

10.3 Protests
Any Council Member shall have the right to enter into the public record reasons for dissent or protests against any action carried by the majority, after the vote has been taken.

10.4 Motion to Reconsider
A motion to reconsider any action taken by the City Council may be made in accordance with the following:

1. The motion must be made by a member of the prevailing side, although it may be seconded by any City Council Member.

2. The motion is debatable and has precedence over a pending motion.

3. The motion must be made before the adjournment of the next regular meeting.

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11. RULES OF DEBATE

11.1 Mayor as Presiding Officer
The Mayor shall be the Presiding Officer and may move, second, and debate from the chair, and shall not be deprived of any rights and privileges of a City Council Member.

11.2 Appeals
Any ruling of the Presiding Officer may be appealed at the request of a City Council Member. The Presiding Officer shall call the roll to determine if the ruling is upheld.

11.3 Precedence of Motions
When a motion is before the City Council, no other motion may be entertained except:

1. Motion to Amend - (Debatable only as it relates to the amendment.) An amendment which modifies the motion is in order; however, a substitute motion is in order if the intent is changed. Amendments are voted on first, main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There shall be only one amending motion on the floor at any time.

2. Motion to Postpone - A motion to postpone indefinitely is debatable. If such a motion is adopted, the principal question is lost. Motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set.

3. Motion to Table - (Undebatable and not subject to amendment.) The purpose of a motion to table is to temporarily bypass the item. If a motion to table is adopted, the item may be taken from the table at any time prior to the adjournment of the next regular meeting. If the item is not taken from the table in the time specified, the business of the item is killed.

4. Motion to Reconsider - As outlined in Section 10.4

5. Motion to End Debate - Any City Council Member may make a motion to end debate, which shall require four affirmative votes to pass.

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12. APPENDIX A – POLICY FOR DISRUPTION OF TELEPHONIC OR INTERNET

SERVICE DURING MEETINGS
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 twoway 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:

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.

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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.

CALIFORNIA
City Council
Rules of Procedure
JUNE 2, 2026
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City Council Rules of Procedure

TABLE OF CONTENTS

1. Authority and Applicability.......................................................................................................4

1.1 Authority ......................................................................................................................4

1.2 Applicability .................................................................................................................4

2. General Rules .........................................................................................................................4

2.1 Public Meetings...........................................................................................................4

2.2 Meeting Dates/Time ....................................................................................................4

2.3 Quorum .......................................................................................................................5

2.4 Compelling Attendance ...............................................................................................5

2.5 Remote Participation (Teleconferencing) By Council Members and the Public ..........5

2.6 Minutes of Proceeding.................................................................................................8

2.7 Right of the Floor.........................................................................................................8

2.8 Rules of Order.............................................................................................................8

2.9 City Manager...............................................................................................................8

2.10 City Attorney................................................................................................................8

2.11 City Clerk.....................................................................................................................9

2.12 Mayor/Vice Mayor .......................................................................................................9

2.13 Call to Order................................................................................................................9

2.14 Preservation of Order..................................................................................................9

2.15 Point of Order..............................................................................................................9

2.16 Authority to Clear Room Where Meeting Willfully Interrupted .....................................9

2.17 Department Heads/Employees ...................................................................................9

2.18 Semi-Annual Recess.................................................................................................10

3. Types of Meetings.................................................................................................................10

3.1 Regular Meetings ......................................................................................................10

3.2 Adjourned Meetings ..................................................................................................10

3.3 Special Meetings.......................................................................................................10

3.4 Closed Session Meetings..........................................................................................10

3.5 Study Session Meetings............................................................................................10

3.6 Media Attendance .....................................................................................................10

4. Order and Preparation of Agenda.........................................................................................11

4.1 Order of Business......................................................................................................11

4.2 Agenda Preparation ..................................................................................................11

4.3 Action Minutes...........................................................................................................12

4.4 Approval of Final Agenda..........................................................................................12 City of Emeryville | City Council Rules of Procedure
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4.5 Ex Parte Communications Report .............................................................................12

4.6 Public Comment........................................................................................................12

4.7 Consent Calendar .....................................................................................................13

4.8 Public Hearings .........................................................................................................13

4.9 Future Agenda Item Requests ..................................................................................13

4.10 Hearing Items Out of Order.......................................................................................13

5. Citizens’ Rights .....................................................................................................................14

5.1 Addressing the City Council ......................................................................................14

5.2 Disruptive Behavior ...................................................................................................14

5.3 Written Communications ...........................................................................................14

6. Preparation of Ordinances, Resolutions and Contracts/Agreements....................................15

6.1 Ordinances................................................................................................................15

6.2 Resolutions................................................................................................................15

6.3 Contracts...................................................................................................................15

6.4 Document Approval...................................................................................................15

6.5 Ordinance Introduction/Adoption...............................................................................15

6.6 Majority Vote Required..............................................................................................16

6.7 Ordinance and Resolution Preservation....................................................................16

7. Procedures Regarding Public Hearings ................................................................................16

7.1 Introduction................................................................................................................16

7.2 Staff and Written Material Presentation.....................................................................16

7.3 Public Testimony .......................................................................................................16

7.4 City Council Deliberation...........................................................................................16

7.5 City Council Action ....................................................................................................17

8. Boards, Commissions and Commitees .................................................................................17

8.1 Citizens Boards, Commissions, and Committees .....................................................17

8.2 Appointments to Boards, Commissions, and Committees ........................................17

8.3 City Council Participation ..........................................................................................17

9. Suspension and Amendments of Rules ................................................................................18

9.1 Suspension................................................................................................................18

9.2 Amendment...............................................................................................................18

10. Miscellaneous Rules .............................................................................................................18

10.1 Roll Call Votes...........................................................................................................18

10.2 Personal Privilege .....................................................................................................18

10.3 Protests .....................................................................................................................18

10.4 Motion to Reconsider ................................................................................................18 City of Emeryville | City Council Rules of Procedure
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11. Rules of Debate ....................................................................................................................19

11.1 Mayor as Presiding Officer........................................................................................19

11.2 Appeals .....................................................................................................................19

11.3 Precedence of Motions..............................................................................................19

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1. AUTHORITY AND APPLICABILITY

1.2 Applicability
These Rules of Procedure shall apply to the Emeryville City Council, the Community Development Commission of Emeryville, the City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, and the Emeryville Public Finance Authority. All references to "City Council" include "Community Development Commission", "Successor Agency", and "Finance Authority"; all references to the "Mayor and City Council Members" include "Successor Agency Chair and Members of the Redevelopment Agency", "Commission Chair and Members of the Community Development Commission", and "Finance Authority Chair and Members of the Authority Board"; all references to "City Manager" include "Executive Director of the Successor Agency", "Executive Director of the Community Development Commission", and "Executive Director of the Finance Authority"; all references to "City Attorney" include "Successor Agency General Counsel", "Commission General Counsel", and Finance Authority Legal Counsel"; and all references to "City Clerk" include "Successor Agency Secretary", "Commission Secretary", and "Finance Authority Secretary". The City Council agenda will include information that all regular or special meetings of the Emeryville City Council also serve as meetings of the City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, the Community Development Commission, and Public Finance Authority when items are listed on the agenda.

2. GENERAL RULES

Adjourned regular or special meetings may be called by the Mayor or a majority of the City Council. Meetings will adjourn at 11:30 p.m. unless a majority of the City Council votes to proceed with the business beyond that time.

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2.5 Remote Participation (Teleconferencing) By Council Members and the Public Pursuant to Government Code 54953 (the Brown Act), teleconferencing may be used for all purposes during any City Council meeting by Council Members for their participation in open and closed sessions of regular and special City Council meetings, either for entire meetings or a specific agenda item.

1. At least a quorum of the City Council must participate from a location within the city’s jurisdiction.

5. The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.

6. All votes taken must be by roll call.

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Members who wish to request a disability accommodation under the ADA must contact the City Clerk. 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 at their location and their relationship at each meeting.
“Just Cause” Teleconferencing Provisions
The Brown Act authorizes legislative body members to use teleconferencing without complying with traditional teleconference requirements under the following conditions:

Legislative body members may participate remotely a limited number of times per year.

The maximum for each member is calculated based on the number of meetings held by their legislative body in a year.

Five (5) times per year as the body regularly meets twice per month. “Just Cause” teleconferencing requires that at least a quorum of the members of the legislative body must participate at a single physical meeting location identified on the agenda, situated within the local agency’s jurisdiction, and open to the public. For this reason, no more than two members of a legislative body may utilize these teleconference provisions at any one time. Members participating remotely must have both audio and video capabilities.

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Circumstances permitting use of “just cause” exception are limited to:
• Caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely. • A contagious illness that prevents the member from attending in person. • A need related to a physical or mental disability that is not subject to accommodation under the ADA.
• Travel while on official business of the legislative body or another state or local agency.
• A physical or family medical emergency that prevents a member from attending in person.
• An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely.
• Military service obligations that result in a member being unable to attend in person because they are serving under official written orders for active duty, drill, annual training, or any other duty required as a member of the California National Guard or a United States Military Reserve organization that requires the member to be at least 50 miles outside the boundaries of the local agency.

Under state law, the description does not have to be more than 20 words and the member does not have to disclose any personal medical information.

Members are responsible for their own conduct in terms of complying, but failure to comply with state law constitutes a violation of the Brown Act, potentially jeopardizing the validity of these meetings. The City Clerk will advise the City Council of the number of times the member has utilized teleconferencing under these rules. Any legislative body member who attempts to join a meeting virtually in excess of the number of meetings allowed per year, will be marked as absent. They will be able to join the meeting as a member of the public.

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2.8 Rules of Order
Except in cases of conflict with these Rules, "Robert's Rules of Order" shall govern the proceedings of this City Council.

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The City Council Members present shall proceed to elect a Temporary Presiding Officer.

2.14 Preservation of Order
The Presiding Officer shall preserve strict order and decorum and prevent disruption of the meeting.

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3. TYPES OF MEETINGS

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4. ORDER AND PREPARATION OF AGENDA

4.1 Order of Business

1. Call to Order

2. Roll Call

3. Approval of Final Agenda (regular meetings only)

4. Special Orders of the Day

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 (Special meetings do not have non-agenda public comment)

9. Consent Calendar
a. Standing item stating “All Ordinances are deemed read by title only and all further reading waived”

10.Public Hearings

11.Action Items

12.Department Head Reports
a. Announcement of commission/committee vacancies (if applicable)

13.Future Agenda Item Requests

14.Adjournment

4.2 Agenda Preparation

2. Item titles and supporting documents are to be uploaded into the City’s agenda management system, by 5 p.m. on Monday, 15 days preceding the regular meeting date. Each item shall contain a title, a brief description of the action to be taken and the supporting documents as described in Item #3, below.

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5. Notwithstanding the foregoing, the Agenda for a regular meeting shall be publicly posted and made available to the City Council Members and the public as soon as practicable, but no later than 72 hours before the regular meeting. The Agenda for a special meeting shall be publicly posted and made available to the City Council Members and the public as soon as practicable, but no later than 24 hours before the special meeting. The Agenda for a regular meeting or special meeting will be publicly posted at the Civic Center as identified in Section 2-8.01 of the Emeryville Municipal Code.

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5. CITIZENS’ RIGHTS

5.1 Addressing the City Council
Any person may address the City Council on the following Order of Business portion of the Agenda as identified in Section 4.1:

1. Public Comment

2. Consent Items before action is taken as part of Public Comment

3. Public Hearings

4. Action Items

5. Any other portion of the Agenda as required by the Brown Act.

The following shall apply:

1. Each person or group desiring to address the City Council shall approach the podium or use the “raise hand” feature on Zoom and wait until recognized by the Presiding Officer.

2. Each person addressing the City Council during a public comment period is requested but not required to state their name for the record.

4. All remarks on an Agenda Item should be directed to the Mayor and City Council as a body and not to any particular member of the City Council or staff.

5. No person, other than members of the City Council and the person having the floor shall be permitted to enter into the discussion.

6. No question shall be asked of City Council Members or staff except through the Presiding Officer.

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6. PREPARATION OF ORDINANCES, RESOLUTIONS AND

CONTRACTS/AGREEMENTS

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6.6 Majority Vote Required
Unless otherwise provided by law, an affirmative vote of at least three (3) members of the City Council shall be necessary to adopt an ordinance or resolution.

7. PROCEDURES REGARDING PUBLIC HEARINGS

7.1 Introduction
The Presiding Officer announces the subject of the public hearing.

7.2 Staff and Written Material Presentation

1. Staff summary report and other written material included in the Agenda packet is received and filed (e.g. protest, etc.) and noted for the record.

2. Written material not in the Agenda packet, if any, is received and filed.

3. Oral staff report, if any, is presented by staff member.

4. The applicant/representative gives presentation.

5. Staff and applicant/representative respond to City Council Member questions.

7.3 Public Testimony

3. That the normal time limit for each speaker is two (2) minutes; and

4. That repetition should be avoided.

5. Questions by speakers will be noted prior to City Council deliberation.

6. Prior to City Council deliberation, upon a vote of a majority of the City Council, the public hearing may be continued to a date certain.

7.4 City Council Deliberation

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2. The City Council may ask questions of staff, applicant/representative, or speakers for clarification.

3. Staff and/or City Council Members answer prior speaker's questions.

4. The City Council debates and makes a motion.

7.5 City Council Action

1. The City Council may, at this time, vote to reopen and continue the public hearing, if any additional information is requested (e.g. staff report).

8. BOARDS, COMMISSIONS AND COMMITEES

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9. SUSPENSION AND AMENDMENTS OF RULES

9.1 Suspension
Any provision of these rules not already governed by the City's Municipal Code or State law may be temporarily suspended by a majority vote of the City Council.

9.2 Amendment
These rules may be amended or new rules adopted as a regularly scheduled Agenda item by a majority vote of the City Council.

10.MISCELLANEOUS RULES

10.3 Protests
Any Council Member shall have the right to enter into the public record reasons for dissent or protests against any action carried by the majority, after the vote has been taken.

10.4 Motion to Reconsider
A motion to reconsider any action taken by the City Council may be made in accordance with the following:

1. The motion must be made by a member of the prevailing side, although it may be seconded by any City Council Member.

2. The motion is debatable and has precedence over a pending motion.

3. The motion must be made before the adjournment of the next regular meeting.

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11.RULES OF DEBATE

11.2 Appeals
Any ruling of the Presiding Officer may be appealed at the request of a City Council Member. The Presiding Officer shall call the roll to determine if the ruling is upheld.

11.3 Precedence of Motions
When a motion is before the City Council, no other motion may be entertained except:

4. Motion to Reconsider - As outlined in Section 10.4

5. Motion to End Debate - Any City Council Member may make a motion to end debate, which shall require four affirmative votes to pass.

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12.APPENDIX A – POLICY FOR DISRUPTION OF TELEPHONIC OR INTERNET

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.

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.

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3. The meeting shall remain in recess for at least one hour or until service is restored, whichever occurs first.

The City Clerk shall document the restoration efforts undertaken.

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

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.

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING

THE CITY COUNCIL RULES OF PROCEDURE TO CONFORM WITH NEW BROWN

REQUIREMENTS AND THE INCLUSION OF A POLICY FOR DISRUPTION OF

TELEPHONIC OR INTERNET SERVICE DURING MEETINGS
WHEREAS, on October 3, 2025, Governor Gavin Newsom signed SB 707 into law, enacting major amendments for the Ralph M. Brown Act; and WHEREAS, the legislation restructures and expands the statutory framework governing public access to and remote participation in local government meetings. It also imposes greater public access requirements, makes amendments to conform the Brown Act to the Americans with Disabilities Act (ADA) and requires the City Council to adopt a Policy for Disruption of Telephonic or Internet Service During Meetings; and WHEREAS, the City Council Rules of Procedure needs to be amended to include the new Brown Act requirements; and
WHEREAS, as an eligible legislative body, the City Council is required to adopt a policy on disruption of telephonic or internet service at meetings; and WHEREAS, the Policy for Disruption of Telephonic or Internet Service During Meetings will be placed as Appendix A in the City Council’s Rules of Procedure; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Council Rules of Procedure are amended to conform with new Brown Act requirements and the inclusion of a Policy for Disruption of Telephonic or Internet Service During Meetings.

Resolution No. _____
Amendment to the City Council Rules of Procedure
City Council Meeting | June 2, 2026

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Emeryville City CouncilJune 2, 2026

Emeryville City Council
June 2, 2026