Agenda packet — Emeryville City Council, July 7, 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, July 07, 2026 7:00 PM - Regular Meeting Council Chambers This meeting is being conducted in a hybrid model with both in-person and virtual attendance.

Join the meeting remotely using Zoom or in-person at
1333 Park Avenue, Emeryville, California
Please click the link below to join the webinar:
https://emeryville-org.zoom.us/j/86920676184?pwd=MzSnSCorsL0- 465puGocMkl5gykujw.Nk60DqVeWHIcCdBD
Webinar ID: 869 2067 6184
Passcode: 063981
To request to speak during public comment, use the “raise hand” function in Zoom and wait for your name to be called.

To join by phone:

Telephone: 669-900-6833
Webinar ID: 869 2067 6184
Passcode: 063981
To request to speak during public comment, press *9 and listen for the last 4 digits of your phone number to be called. Press *6 to unmute your phone to speak.

Public comment 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 make public comment in writing, please send them by 3:00 p.m. prior to the meeting.

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.

You can subscribe to receive Emeryville City Council agendas via email by going to our website at City Council AGENDA July 07, 2026
City of Emeryville Page 2 of 4
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 July 07, 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. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE RECOGNIZING JULY 2026 AS “PARKS MAKE LIFE BETTER!” MONTH

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 JUNE 16, 2026, CLOSED SESSION

9.3. ACTION MINUTES OF THE JUNE 16, 2026, CITY COUNCIL MEETING

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

RULES OF PROCEDURE FOR LOCAL BOARDS, COMMISSIONS, AND COMMITTEES TO

CONFORM WITH NEW BROWN ACT REQUIREMENTS

9.5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE COUNTY OF ALAMEDA FIRST 5

EMERGENCY GRANT PROGRAM FOR THE EMERYVILLE CHILD DEVELOPMENT CENTER IN THE AMOUNT OF ONE-HUNDRED THOUSAND DOLLARS ($100,000) AND AUTHORIZE A BUDGET ADJUSTMENT IN FISCAL YEAR 2025-2026 TO RECORD THE GRANT IN ACCOUNT 230-53650 AND EXPENDITURES OF $18,000 IN ACCOUNT 230- 71000 AND $82,000 IN ACCOUNT 230-73600

9.6. ACTIVE TRANSPORTATION PLAN (ATP) ANNUAL REPORT

9.7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ADOPTING THE 2026/2027 HOUSING AFFORDABILITY TABLE PURSUANT TO THE AFFORDABLE HOUSING PROGRAM (ARTICLE 4 OF CHAPTER 5 OF THE PLANNING REGULATIONS)

9.8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPROVING THE

ALAMEDA COUNTY TRANSPORTATION COMMISSION MASTER PROGRAMS FUNDING

AGREEMENT(S) FOR MEASURE B, MEASURE BB, AND VEHICLE REGISTRATION FEE

DIRECT LOCAL DISTRIBUTION FUNDS

10. PUBLIC HEARINGS
City Council AGENDA July 07, 2026
City of Emeryville Page 4 of 4

11. ACTION ITEMS

11.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE CALLING FOR THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 3, 2026; REQUESTING APPROVAL OF CONSOLIDATION WITH THE COUNTY OF ALAMEDA; REQUESTING THE COUNTY

REGISTRAR OF VOTERS PERFORM CERTAIN ELECTION SERVICES IN CONNECTION WITH THE NOVEMBER 3, 2026 ELECTION; AND AUTHORIZING REIMBURSEMENT TO

THE COUNTY REGISTRAR OF VOTERS FOR ELECTION SERVICES PERFORMED

11.2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPROVING THE

POWELL STREET REDESIGN PLAN DESIGN CONCEPT

12. DEPARTMENT HEAD REPORTS

12.1. ANNOUNCEMENT OF COMMISSION/COMMITTEE VACANCIES

12.2. Community Development Director’s Report on Planning Commission Actions at the June 25, 2026 meeting:
(a) Sutter Hospital Medical Center (PUD25-001). A Study Session to review a proposal for an amendment to the Chiron Planned Unit Development to construct a new 330-foot tall, 785,000 square foot hospital building; a new 50-foot tall, 55,600 square foot building for either medical office use or a 57-unit residential building; and conversion of two existing buildings to medical office uses totaling 563,200 square feet. The project will require a General Plan Amendment to accommodate the 330-foot hospital building height and will include removal of 10 street trees on 53rd Street and 6 street trees on Horton Street. CEQA Status: TBD. General Plan Land Use Designation:

Office/Technology; Zoning Designation: PUD-3 (Applicant/Owner: Sutter Health) (APNs: 49-1558-2; -4;-5;-6; 49-1544-2;49-104129-1).*
(b) Annual Active Transportation (ATP) Report. Review of the second annual report on progress made towards Active Transportation Plan (ATP) goals and policies during the 2025 calendar year. This informational item is consistent with ATP policy recommendation A-5: Plan Evaluation that requires regular updates on plan implementation to relevant City committees, the Commission and the City Council.** *This item is scheduled for a City Council Study Session on July 21, 2026 **This item is scheduled for the City Council meeting of July 7, 2026

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
--AMENDED--
Emeryville City Hall
1333 Park Avenue
Emeryville, CA 94608
(510) 596-4300 phone
(510) 450-7831 fax
www.emeryville.org
Tuesday, June 16, 2026 5:45 PM Council Chambers

1. CALL TO ORDER
The meeting was called to order at 5:47 p.m.

2. ROLL CALL

Present: Vice Mayor Matthew Solomon, Council Member David Mourra, Council Member Kalimah Priforce, Council Member Courtney Welch

Absent: Mayor Sukhdeep Kaur

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 REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8

5.1.1. Property: 3602 Adeline Street and 1122 36th Street (APNs 005-0480-001- 01, 005-0480-004, 005-0480-003)
Agency Negotiators: LaTanya Bellow, City Manager; John Kennedy, City Attorney
Negotiating Parties: City of Emeryville
Under Negotiations: Direction regarding price and terms of real estate DRAFT
negotiations.

City Council MINUTES June 16, 2026
City of Emeryville Page 2 of 2

6. REPORTING OUT OF CLOSED SESSION
City Attorney John Kennedy announced that there were no reportable actions taken.

7. ADJOURNMENT
The meeting adjourned at 6:12 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
DRAFT
City of Emeryville Page 1 of 5
Members:

Mayor Sukhdeep Kaur
Vice Mayor Matthew Solomon
Council Member David Mourra
Council Member Kalimah A. Priforce
Council Member Courtney Welch

CITY OF EMERYVILLE

MINUTES

CITY COUNCIL
Emeryville City Hall
1333 Park Avenue
Emeryville, CA 94608
(510) 596-4300 phone
(510) 450-7831 fax
www.emeryville.org
Tuesday, June 16, 2026 6:15 PM - Special Meeting
7:00 PM - Regular Meeting Council Chambers

1. CALL TO ORDER - SPECIAL MEETING 6:15 PM
The meeting was called to order at 6:15 p.m.

2. ROLL CALL

Present: Vice Mayor Matthew Solomon, Council Member David Mourra, Council Member Kalimah Priforce, Council Member Courtney Welch

Absent: Mayor Sukhdeep Kaur

3. SPECIAL MEETING

2.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPOINTING _____ AND _____ AS PLANNING COMMISSIONERS TO SERVE ON THE PLANNING COMMISSION FOR TERMS COMMENCING JULY 1, 2026, AND ENDING JUNE 30, 2029; AND AMENDING THE FY2026-27 LOCAL ROSTER OF BOARDS, COMMISSIONS AND

COMMITTEES ACCORDINGLY
Council Member Priforce was absent 6:16 p.m. to 6:24 p.m.

Applicant Zoe Chafe was interviewed by the City Council. Applicant Samuel Gould submitted a written interview to the City Council.
0 speakers.

MOVED by Mourra and SECONDED by Welch to appoint Zoë Chafe and Samuel Gould to the Planning Commission.

RESULT: Passed [3 TO 0]
AYES: Solomon, Mourra, Welch
NOES: None
ABSTAIN:

DRAFT
Priforce
City Council MINUTES June 16, 2026
City of Emeryville Page 2 of 5
ABSENT: Kaur

4. ADJOURNMENT
The meeting adjourned at 6:24 p.m.

1. CALL TO ORDER - REGULAR MEETING 7:00 PM
The meeting was called to order at 7:00 p.m.

2. ROLL CALL

Present: Vice Mayor Matthew Solomon, Council Member David Mourra, Council Member Kalimah Priforce, Council Member Courtney Welch

Absent: Mayor Sukhdeep Kaur

3. APPROVAL OF FINAL AGENDA
Item 9.5 pulled from the Consent Calendar by Council Member Mourra.

MOVED by Mourra and SECONDED by Welch to approve the final agenda as amended.

RESULT: Passed [4 TO 0]
AYES: Solomon, Mourra, Priforce, Welch
NOES: None
ABSENT: Kaur

4. SPECIAL ORDERS OF THE DAY

4.1. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE RECOGNIZING JUNE 19, 2026, AS JUNETEENTH FREEDOM DAY IN THE CITY OF EMERYVILLE

4.2. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE RECOGNIZING MAY 18, 2026, AS HAITIAN FLAG DAY
1 speaker.

5. COUNCIL MEMBER SPECIAL ANNOUNCEMENTS/REPORTS ON MEETING ATTENDANCE Council Member Priforce commented on the New York Nicks.

6. CITY MANAGER'S REPORT
City Manager LaTanya Bellow acknowledged the recent graduation of Captain Nicholas Calonge from the California Police Chiefs Executive Leadership Institute at Claremont Graduate University’s Drucker School of Management.

7. EX PARTE COMMUNICATIONS
No ex parte communications were reported.

DRAFT
City Council MINUTES June 16, 2026
City of Emeryville Page 3 of 5

8. PUBLIC COMMENT FOR CONSENT AGENDA AND ITEMS NOT ON THE AGENDA 0 speakers.

9. CONSENT CALENDAR
Item 9.5 pulled for discussion.

MOVED by Mourra and SECONDED by Welch to approve the Consent Calendar as amended.

RESULT: Passed [4 TO 0]
AYES: Solomon, Mourra, Priforce, Welch
NOES: None
ABSENT: Kaur

9.1. ALL ORDINANCES DEEMED READ BY TITLE ONLY AND ALL FURTHER READING WAIVED

9.2. WARRANTS

9.3. ACTION MINUTES OF THE JUNE 2, 2026, CLOSED SESSION

9.4. ACTION MINUTES OF THE JUNE 2, 2026, CITY COUNCIL MEETING

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

MEMBERS TO THE BICYCLE/PEDESTRIAN ADVISORY COMMITTEE, BUDGET ADVISORY

COMMITTEE, COMMISSION ON AGING, ECONOMIC DEVELOPMENT ADVISORY COMMITTEE. HOUSING COMMITTEE, PARKS AND RECREATION COMMITTEE, AND PUBLIC ART COMMITTEE, FOR TERMS COMMENCING JULY 1, 2026, AND ENDING JUNE 30, 2028; AND AMENDING THE FY2026-27 LOCAL ROSTER OF BOARDS, COMMISSIONS

AND COMMITTEES ACCORDINGLY
Item pulled for discussion by Council Member Mourra.
1 speaker.

MOVED by Mourra and SECONDED by Welch to appoint members as recommended by City Council Committees, including Samuel Feldman to the Budget Advisory Committee as Business Representative.

RESULT: Passed [4 TO 0]
AYES: Solomon, Mourra, Priforce, Welch
NOES: None
ABSENT: Kaur

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

CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ANDREW DAVIDSON DBA SECOND SIGHT VIDEO & MULTIMEDIA FOR FISCAL YEARS 2026-2027 AND 2027-2028 FOR A TOTAL AMOUNT NOT TO EXCEED $135,720.00 TO PROVIDE

BROADCASTING, RECORDING AND RELATED SERVICES

9.7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2026-27
DRAFT
City Council MINUTES June 16, 2026
City of Emeryville Page 4 of 5

9.8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIFTH AMENDMENT TO THE ‘8 TO GO’

PARATRANSIT SHUTTLE SERVICE AGREEMENT WITH THE EMERYVILLE

TRANSPORTATION MANAGEMENT ASSOCIATION TO INCREASE THE CONTRACT AMOUNT BY $50,000, FUNDED BY THE MEASURE BB-PARATRANSIT FUND (FUND #263), FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $801,985.00

9.9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ACCEPTING A DONATION IN THE AMOUNT OF $5,000 FROM AT&T TO THE COMMUNITY SERVICES DEPARTMENT TO SUPPORT ANNUAL COMMUNITY EVENTS; FUNDS TO BE RECORDED IN ACCOUNT 5410-62600 WHEN RECEIVED AND TO BE EXPENDED FROM ACCOUNT 5410-73500

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

CONTINUED PARTICIPATION OF THE CITY OF EMERYVILLE IN THE ALAMEDA COUNTY

URBAN COUNTY AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS

TO MAINTAIN THE ELIGIBILITY OF THE URBAN COUNTY FOR COMMUNITY

DEVELOPMENT BLOCK GRANT PROGRAM FUNDS IN COMPLIANCE WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974

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

CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $659,031 WITH WONG LOGAN ARCHITECTS; AND AUTHORIZING THE CITY

MANAGER TO INCREASE THE CONTRACT AMOUNT BY AN ADDITIONAL AMOUNT UP TO $98,855 FOR AS-NEEDED CONTINGENCY FOR PROFESSIONAL DESIGN

CONSULTANT SERVICES FOR THE HORTON STREET CORPORATION YARD PROJECT, CIP CF-05 (PROJECT NO. 15475010)

9.12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPROVING THE PROPOSED SB 1 PROJECT LIST AND APPROPRIATION FOR FISCAL YEAR 2026/2027

10. PUBLIC HEARINGS

10.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE GRANTING A WAIVER FROM THE NOISE ORDINANCE TO RIVIAN ON JUNE 22, 2026 TO JUNE 24, 2026 BETWEEN THE HOURS OF 7:00 P.M. AND 12:00 A.M. FOR MURAL PREPARATION WORK AT 1483 67TH STREET AND SHELLMOUND STREET (APN: 049-1511-015-04) (CEQA STATUS: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(B)(3)) City Council waived presentation.
1 speaker.

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

RESULT: Passed [4 TO 0]
AYES: Solomon, Mourra, Priforce, Welch
NOES: None
ABSENT: Kaur

11. ACTION ITEMS
DRAFT
City Council MINUTES June 16, 2026
City of Emeryville Page 5 of 5

12. DEPARTMENT HEAD REPORTS

12.1. ANNOUNCEMENT OF COMMISSION/COMMITTEE VACANCIES

13. FUTURE AGENDA ITEM REQUESTS
Council Member Priforce requested that teleconferencing be allowed for members of advisory committees and the public consistent with SB 707. Staff reminded the Council Member that the Council recently amended its teleconferencing requirements for Council meetings and declined to require teleconferencing for advisory committee meetings. Staff was requested to follow-up with the Council Member on his request.

Vice Mayor Solomon requested and received majority support for a letter of support for AB 40 (Bonta) for additional environmental study for the West Oakland terminal for transit of coal.

14. ADJOURNMENT
The meeting adjourned at 8:05 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
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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: July 7, 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 RULES OF PROCEDURE FOR LOCAL BOARDS,

COMMISSIONS, AND COMMITTEES TO CONFORM WITH NEW

BROWN ACT REQUIREMENTS

RECOMMENDATION
Staff recommends that the City Council adopt a resolution amending the Rules of Procedure (ROP) for Local Boards, Commissions, and Committees to conform with new Brown Act requirements.

BACKGROUND
On October 3, 2025, Governor Gavin Newsom signed SB 707 into law, enacting major amendments for the Ralph M. Brown Act. The legislation makes amendments to conform the Brown Act to the Americans with Disabilities Act (ADA) and requires the City Council to decide whether to allow Advisory Bodies to meet remotely (teleconferencing).

On May 5, 2026, the City Council held a Study Session to review the changes to the Brown Act. The City Council gave direction to not allow Advisory Bodies to meet remotely.

DISCUSSION
The Rules of Procedure of Local Boards, Commissions, and Committees needs to be updated to include new ADA accessibility language for Members and remove teleconferencing procedures.

The ROP amendment also includes updates to public comment at meetings and information on submitting written comments. These amendments are not substantive, but simply a consolidation of sections and aligning procedures in the manual with actual practice.

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

Advisory Body ROP Amendment
City Council Meeting | July 7, 2026

Page 2 of 2 ends

STAFF COMMUNICATION WITH THE PUBLIC
Staff made a presentation regarding the new Brown Act requirements 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 Rules of Procedure (ROP) for Local Boards, Commissions, and Committees to conform with new Brown Act requirements.

PREPARED BY: April Foran, City Clerk

ATTACHMENTS
▪ Attachment A – Rules of Procedure for Local Boards, Commissions, and Committees - Redline
▪ Attachment B – Rules of Procedure for Local Boards, Commissions, and Committees - Clean
▪ Draft Resolution

CALIFORNIA

Page 1 of 17 ends

Rules of Procedure for
Local Boards, Commissions, and Committees

TABLE OF CONTENTS

1. DEFINITION OF CITY COUNCIL COMMITTEES & COMMUNITY ADVISORY BODIES ..................................................................................................................... 3

1.1 City Council Committees ................................................................................. 3

1.2 Planning Commission & Housing Advisory and Appeals Board ...................... 3

1.3 Community Advisory Committees ................................................................... 3

1.4 Ad Hoc Committees ........................................................................................ 4

2. AUTHORITY AND APPLICABILITY ........................................................................... 4

2.1 Authority .......................................................................................................... 4

3. GENERAL RULES ..................................................................................................... 4

3.1 Public Meetings ............................................................................................... 4

3.2 Meeting Dates and Times ............................................................................... 4

3.3 Quorum ........................................................................................................... 5

3.3.1 City Council Committee ............................................................................ 5

3.3.2 Community Advisory Committee .............................................................. 5

3.4 Right of the Floor ............................................................................................. 5

3.5 Rules of Order ................................................................................................. 5

3.6 City Manager ................................................................................................... 5

3.7 Presiding Officer .............................................................................................. 6

3.7.1 City Council Committees .......................................................................... 6

3.7.2 Community Advisory Committees ............................................................ 6

3.8 Call to Order .................................................................................................... 6

3.9 Preservation of Order ...................................................................................... 6

3.10 Point of Order .................................................................................................. 6

3.11 Authority to Clear Room Where Meeting Willfully Interrupted ......................... 6

3.12 Attendance ...................................................................................................... 7

3.13 Teleconferencing ............................................................................................. 7

4. TYPES OF MEETINGS ....................................................................................... 1010

4.1 Regular Meetings ...................................................................................... 1010

4.2 Adjourned Meetings .................................................................................. 1010

4.3 Special Meetings ....................................................................................... 1010 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023July 7, 2026

Page 2 of 17 ends

4.4 Closed Session Meetings .......................................................................... 1110

4.5 Media Attendance ..................................................................................... 1111

5. TRAINING / ORIENTATION ................................................................................ 1111

6. GOAL/PRINCIPLE SETTING AND ANNUAL REPORTING ................................ 1111

7. ORDER & PREPARATION OF AGENDA ............................................................ 1111

7.1 Purpose of Agenda ................................................................................... 1111

7.2 Agenda Order of Business ........................................................................ 1111

7.3 Agenda Preparation .................................................................................. 1212

7.4 Hearing Items Out of Order ....................................................................... 1212

7.5 Audio Recordings ...................................................................................... 1312

7.6 Action Minutes ........................................................................................... 1313

8. CITIZENS’ RIGHTS ............................................................................................. 1313

8.1 Addressing the Advisory Body .................................................................. 1313

8.2 Written Communications ........................................................................... 1515

9. SUSPENSION AND AMENDMENTS OF RULES ................................................ 1615

9.1 Suspension ............................................................................................... 1615

9.2 Amendment ............................................................................................... 1615

10.MISCELLANEOUS RULES ................................................................................. 1615

10.1 Chairperson ............................................................................................... 1615

10.2 Roll Call Votes ........................................................................................... 1615

10.3 Personal Privilege ..................................................................................... 1615

10.4 Protests ..................................................................................................... 1616

10.5 Motion to Reconsider ................................................................................ 1716

City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023July 7, 2026

Page 3 of 17 ends

1. DEFINITION OF CITY COUNCIL COMMITTEES & COMMUNITY ADVISORY BODIES
All boards, commissions and committees referenced herein will be designated with the generic term “Advisory Body/Bodies”, unless otherwise named by their actual title, as outlined below, due to specificity of content. The Advisory Bodies defined below are Standing Committees, which are considered “permanent” unless formal action is taken by City Council resolution to abolish them or otherwise amend their constitution or purpose.

1.1 City Council Committees
City Council Committees are designed as a forum for more detailed reporting or discussion on specific areas of City responsibility regarding policy direction, program and budget priorities, and oversight, than can be accomplished, at regular City Council meetings due to time constraints. Only City Council members serve as voting members on City Council Committees, with membership limited to less than a quorum of the full City Council (up to two members). City Council Committee meeting agendas are publicly noticed and the public is welcome to attend the meetings. Recommendations from City Council Committees must be reviewed and considered by the full City Council for final consideration and/or action. City Council Committee member terms are aligned with the calendar year (January through December) in order to coincide with Council Member terms, and new members are appointed by City Council vote at a City Council meeting each DecemberJanuary.

1.2 Planning Commission & Housing Advisory and Appeals Board The Planning Commission and the Housing Advisory and Appeals Board (which consists solely of Planning Commissioners) are community advisory bodies that have been established by City ordinance and also have some independent regulatory powers. Some, but not all, of their decisions are subject to City Council review or appeal. These bodies are listed in the City’s Local Roster of Boards, Commissions and Committees, but have separate rules and procedures/by-laws than those of the Community Advisory Bodies described in these Rules.

1.3 Community Advisory Committees
Community Advisory Committees are a structured way for community members to share their opinions and perspectives, study issues, develop policy and/or program recommendations, and provide feedback regarding City initiatives in a focused, small group structure, and are thus an integral part of furthering public participation in government. Community Advisory Committees have up to nine community members as voting members. All meetings are publicly noticed and the public is welcome to attend the meetings. City Council Members may attend advisory body meetings to observe, but do not participate in the discussion, deliberation, or vote on any item within the subject matter jurisdiction of such bodies. Recommendations made by Community Advisory Committees are forwarded to the City Council. Community Advisory Committee recommendations may only be approved by a majority of the full City Council. Community Advisory Committee member terms align with the fiscal year (July 1 through June 30), with new members appointed by City Council vote each June.

City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023July 7, 2026

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Community Advisory Committee members shall receive no compensation. However, members may receive reimbursement for actual expenses incidental to carrying out the duties of the office, provided that they have first received specific City Council authorization for, and can verify, the expenditure and its purpose.

City of Emeryville elected officials may not serve on these Committees. The City of Emeryville does not specifically prohibit concurrent service by qualified applicants on more than one committee, provided, however, that the Government Code prohibition against incompatible offices shall apply. If a request were made to serve on more than one committee, a determination would be made as to whether that service would be allowable.

1.4 Ad Hoc Committees
Ad Hoc Committees are temporary committees designed for consideration and research on a focused issue within a limited timeframe. Ad Hoc Committees, if formed by an Advisory Body, must be comprised of less than a quorum of that Body’s total number of members as designated on the official roster.

2. AUTHORITY AND APPLICABILITY

2.1 Authority
The City Council of the City of Emeryville hereby establishes these “Rules of Procedure” for the conduct of meetings of its Advisory Bodies created by action of the City Council.

These Rules shall apply to all meetings of Advisory Bodies, except for the Planning Commission and Housing Advisory and Appeals Board, and shall be in effect upon their adoption by the City Council of the City of Emeryville, and until such time as they are amended or new rules are adopted.

3. GENERAL RULES

3.1 Public Meetings
All meetings of Advisory Bodies shall be open to the public. Advisory Bodies shall not meet in Closed Session. 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.

3.2 Meeting Dates and Times
Regular meetings will be held and convened on days and times established by the action of the City Council creating the individual Advisory Body, or by amendment of the City’s Local Roster of Boards, Commissions and Committees. Adjourned regular or special meetings may be called by the Presiding Officer (see Section 3.7) of the Advisory Body.

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after the meeting is convened, unless a majority of the Advisory Body votes to proceed with business beyond that time.

3.3 Quorum

3.3.1 City Council Committee
At any meeting of a City Council Committee, which is composed of two City Council Members, a quorum is constituted by no less than both members of the Committee. As a City Council Committee consists of only two voting members, the absence of one member of a City Council Committee means there is no quorum and requires the cancellation or adjournment of that meeting.

3.3.2 Community Advisory Committee
At any meeting of a standing Community Advisory Committee, a quorum shall consist of no less than a majority of the total number of established members of the Advisory Body.

If there is a vacancy on the Advisory Body, this quorum requirement still applies. A quorum is achieved by a majority of the number of members designated to be on the Advisory Body being present, not the number of seats minus any vacancies. For example, if the established number of members on a Committee is seven, and there are two vacancies, a quorum is still four members, not three.

Advisory Bodies shall not take any action in the absence of a quorum, except to adjourn the meeting. If a quorum is established but then is lost due to the withdrawal of one or more of the members, the meeting must adjourn or recess, depending on whether the quorum can be re-established. If a quorum is not re-established, the Committee may not continue with the meeting and must adjourn.

3.4 Right of the Floor
Any member of an Advisory Body or person in attendance desiring to speak shall first be recognized by the Presiding Officer and shall, with the exception of open non-agenda Public Comment, confine any remarks to the subject under consideration.

3.5 Rules of Order
Except in cases of conflict with these Rules, "Robert's Rules of Order" shall govern the proceedings of Advisory Bodies.

3.6 City Manager
The Emeryville City Manager or their designee shall attend all meetings of Advisory Bodies unless excused. The City Manager or their designee shall have the right to make recommendations and to take part in all discussions of Advisory Bodies but shall have no vote.

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3.7 Presiding Officer

3.7.1 City Council Committees
The members of City Council Committees shall appoint one City Council Member to be the Presiding Officer (“Chairperson”) at the first regular meeting of each calendar year.

The Chairperson shall serve for one year from appointment.

3.7.2 Community Advisory Committees
The members of Community Advisory Committees shall appoint one of their members to be the Chairperson (“Chair”) and shall also elect a Vice Chairperson (“Vice Chair”). This election is to occur at the first regular meeting of each fiscal year by a majority vote. The Chair and Vice Chair shall serve for one year from appointment. In the absence of the Chair at any particular meeting, the Vice Chair shall serve as the Presiding Officer of the meeting. In the absence of both the Chair and Vice Chair, the Committee will elect an alternate Presiding Officer for that meeting.

3.8 Call to Order
The Presiding Officer shall call the meeting to order at the time appointed.

3.9 Preservation of Order
The Presiding Officer shall preserve strict order and decorum; shall prevent threatening, bullying, or disruptive verbal attacks on Advisory Body members, staff, and/or citizens; and shall confine debate to the item under discussion; and discourage demonstrations before the Advisory Body, such as applauding or “booing”.

3.10 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?".

3.11 Authority to Clear Room Where Meeting Willfully Interrupted Upon instructions by the Presiding Officer, the Chief of Police or a 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. In the event that any meeting is willfully interrupted by an individual, group or groups of persons, so as to render the orderly conduct of such meeting infeasible and order cannot be restored by removal of the individual or individuals who are willfully interrupting the meeting, the Presiding Officer 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 Presiding Officer from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

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3.12 Attendance
Each member of an Advisory Body shall attend every regular or special meeting, calculated on a term year basis (July 1 through June 30). If the member will be absent, they shall notify the Chairperson, Vice Chairperson, or the City Manager or designee, at least 24 hours in advance of the meeting start time.

Any member who is absent from more than 33% of the total meetings scheduled to be held in a term year will be subject to automatic termination of membership from the committee. Upon receiving notice from the Committee Secretary that the member will exceed the allowable number of absences should one more absence occur, the City Manager or their designee shall notify the member that they are in danger of being automatically terminated from their seat on the Committee. Should a subsequent absence then be recorded before the end of the term year, the member will receive notice of termination, which will also be provided to the subject Advisory Body, and the City Council. Where applying a 33% calculation creates other than a whole number, normal number rounding to the nearest whole number will be used.

3.13 Teleconferencing
Teleconferencing is not allowed for Advisory Bodies.

Remote Participation Due to an Accommodation Under the Americans with Disabilities Act
Advisory Body and City Council Members (on City Council Committees) are allowed to participate remotely as a reasonable accommodation for a disability under the Americans with Disabilities Act (ADA). Remote participation by a Member with a disability accommodation counts toward meeting quorum. Members who wish to request a disability accommodation under the ADA must contact the City Clerk. 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.

Pursuant to Government Code 54953 (the Brown Act), teleconferencing may be used for all purposes during any Advisory Body meeting by members for their participation in regular and special meetings, either for entire meetings or a specific agenda item.

Traditional Teleconferencing Procedures
If a 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:

At least a quorum of the Advisory Body must participate from a location within the city’s jurisdiction.

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Each teleconference location must be identified in the notice and agenda of the meeting.

When notifying the Secretary that they will participate in a meeting via teleconferencing, the 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.

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).

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.

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

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 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 Secretary, the Presiding Officer will confirm with the teleconferencing party that they can hear the proceedings well, 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 members present at the meeting can hear the teleconferencing party well, 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 member wishing to participate via teleconference would not be able to do so.

Teleconferencing Provisions Under AB 2449 (sunsets January 1, 2026) AB 2449 authorizes Advisory Body members to use teleconferencing without complying with traditional teleconference requirements under the following conditions:

Under AB 2449, 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.

A member may participate in meetings by teleconference for no more than three consecutive months, and no more than 20% of the regular meetings for the Advisory Body within a calendar year.

A member of an Advisory Body wishing to participate remotely under AB 2449 may do so either for “just cause” or under “emergency circumstances,” as those exceptions City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023July 7, 2026

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are defined under state law. The individual legislative body member must choose which exception to pursue.

Under either exception, 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. Members participating remotely must have both audio and video capabilities.

Use of the “just cause” exception is capped at 2 meetings per year regardless of the meeting schedule.

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.
 Travel while on business of the legislative body or another state or local agency.

In order to participate remotely under the “just cause” exception, the member must notify the Secretary 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.

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.

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 The member’s ability to participate remotely under the “emergency circumstances” exception is contingent upon making a request to the Advisory Body, which must take action by majority vote to approve the request. The member must notify the Secretary 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.
 This item will be added as an urgency Item by the Presiding Officer or Secretary 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 Secretary will advise the Advisory Body of the number of times the member has utilized teleconferencing under these rules. Any 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.

4. TYPES OF MEETINGS

4.1 Regular Meetings
Unless otherwise noted on the published agenda, all Advisory Bodies shall meet at their designated locations as established by City Council resolution for all regular and special meetings. If a regular meeting date falls on an observed holiday, the Advisory Body shall meet at a time and date so designated by the Advisory Body. In this instance, the departure from the established time and/or date will cause the meeting to become a Special Meeting.

4.2 Adjourned Meetings
Any meeting of the Advisory Body may be adjourned to a later date, place, and time, provided no adjournment is for a period longer than the next regularly scheduled meeting.

4.3 Special Meetings
Special meetings may be called by the Presiding Officer or by a majority of the Advisory Body Members during a regularly scheduled meeting. The call for a special meeting must City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023July 7, 2026

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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 Ralph M. Brown Act, as it may be amended from time to time.

4.4 Closed Session Meetings
Advisory Bodies shall not conduct closed session meetings.

4.5 Media Attendance
All meetings of Advisory Bodies 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.

5. TRAINING / ORIENTATION
Advisory Body Members are required to attend an Advisory Body training/orientation workshop conducted by the City Clerk’s Office each year following the recruitment and appointment of members to scheduled vacancies. Members appointed to fill an unscheduled vacancy shall receive orientation from the Committee’s staff liaison upon assuming office, and thereafter attend the next City Clerk’s orientation workshop.

6. GOAL/PRINCIPLE SETTING AND ANNUAL REPORTING
Each Advisory Body shall work with Committee Staff to establish goals and principles to guide its work, and shall prepare an annual report that will be presented at a Council meeting by the Chair or a designee. The report will outline the Committee’s past year’s accomplishments and highlight its top two proposed priorities for the coming year. The presentation of the annual reports will be timed to align with Council’s consideration of goals, priorities and the budget and will occur each year at a noticed meeting of the Council.

7. ORDER & PREPARATION OF AGENDA

7.1 Purpose of Agenda
The purpose of Advisory Body agendas is to comply with provisions of the Brown Act.

Only items listed on the agenda may be considered. The agenda also facilitates the Advisory Body’s work in making recommendations on setting City policy direction, and program and budget priorities, and providing oversight of City programs and initiatives within the Advisory Body’s scope of responsibility.

7.2 Agenda Order of Business
All agendas of Advisory Bodies shall adhere to the following format:

1. Call to Order

2. Roll Call

3. Public Comment

4. Approval of [Previous Meeting Date] Action Minutes
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5. Action Items

5.1. Description of Item to be Discussed/Acted Upon

5.2. Description of Item to be Discussed/Acted Upon

6. Information Items

6.1. Description of Item to be Discussed

6.2. Description of Item to be Discussed

7. Future Agenda Items

7.1. Description of Item

7.2. Description of Item

8. Announcements / Member Comments

8.1. City Staff Announcements

8.2. Committee Member Announcements

9. Adjournment

7.3 Agenda Preparation
Agenda Items may be placed on the agenda by 1) a majority of the City Council; 2) a majority of the Advisory Body; 3) the City Manager; or 4) the City Attorney.

Future Agenda Items may be placed on the agenda by any Advisory Body Member, but are not placed on the agenda unless approved as stated above. Advisory Bodies shall have no authority to direct staff; to approve or authorize any contracts; or to approve the payment of money. Any such action must be conducted as part of a regular or special meeting of the City Council of the City of Emeryville and approved by a majority of the City Council.

Agenda Items are to be delivered to the City Manager, or their designee, by 5:00 PM, seven days preceding the meeting date or as soon thereafter as is reasonably practicable.

Each item shall contain a brief description of the matter to be discussed and shall include any reports or other written material as is relevant. The City Manager, or their designee, shall review and approve the final agenda prior to its publication.

The agenda for a regular meeting shall be made available to the public as soon as it is made available to the Members, and in no event later than 72 hours before the regular meeting. The agenda for a special meeting shall be made available to the public as soon as it is made available to the Members, and in no event later than 24 hours before the special meeting.

7.4 Hearing Items Out of Order
The Presiding Officer may move an item from the agenda for consideration out of the order shown on the agenda; unless, by a majority vote, the Members vote against considering and acting on the item out of order.

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7.5 Audio Recordings
The Committee Secretary shall audio record all regular and special Advisory Body meetings and is responsible for posting all audio recordings on the City’s website so that they are available to the public in a timely manner following the regular or special meeting.

7.6 Action Minutes
The Advisory Body Secretary shall have exclusive responsibility for preparation of the Action Minutes of Advisory Body meetings and any corrections of the Action Minutes shall be made only by action of the Advisory Body. The Action Minutes shall be an accurate, clear and concise statement of every Advisory Body action, including the motions made and the vote thereon.

8. CITIZENS’ RIGHTS

8.1 Addressing the Advisory Body
Any person may address the Advisory Body on the following Order of Business portions of the Agenda as identified in Section 7.2:
 Public Comment
 Action Items
 Information Items
The following shall apply for commenting on agenda items:non-agenda public comment and commenting on action or informational items:
 At each meeting of an Advisory Body, staff shall provide a seating area for the public.
 Each person desiring to address the Advisory Body on an Agenda Item shall signal their desire to address the Presiding Officer (e.g. by raising their hand) or using the “raise hand” feature in Zoom after the matter has been presented to and discussed by the members of the Advisory Body and public comment called for.
 Any person who desires to address the Advisory Body on any item not on the Agenda, which item is within the subject matter jurisdiction of the Advisory Body, may do so during that portion of the Agenda called Public Comment.
 Before the Advisory Body can take action on the item, if any action is contemplated, the Presiding Officer shall recognize those members of the public who have signaled their desire to address the Advisory Body. Each person, once recognized by the Presiding Officer, is requested but not required to state their name and city of residence for the record.

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 Each individual speaker is limited to three minutes for any comment on an Agenda Item. At the discretion of the Presiding Officer, the time allotted to an individual speaker may be further adjusted.
 At the discretion of the Presiding Officer, the total amount of time allotted to comments from members of the public on an individual Agenda Item may be limited if deemed necessary in order to complete the business of the Advisory Body as listed on the Agenda.
 All remarks on an Agenda Item shall be directed to the Advisory Body as a whole and not to any particular member of the Advisory Body, staff or member of the public.
 No person, other than members of the Advisory Body, the City Manager or their designee, and the person recognized by the Chairperson shall be permitted to enter into the discussion.
 No question shall be asked of the Advisory Body Members, the City Manager, or staff except through the Presiding Officer.  The Advisory Body Members and City staff may only respond to public comments in accordance with California Government Code Section 54952.2. Accordingly, the Advisory Body Members and City staff, upon recognition of the Presiding Officer, may only briefly respond 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, or direct staff to place a matter of business on the agenda for a future meeting. Notwithstanding California Government Code Section 54952.2(b), no discussion or action shall take place on any item not listed on the published agenda.

The following shall apply for open Public Comments:
 At each meeting of an Advisory Body, staff shall provide a seating area for the public.
 Any person who desires to address the Advisory Body on any item not on the Agenda, which item is within the subject matter jurisdiction of the Advisory Body, may do so during that portion of the Agenda called Public Comment.

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 The Advisory Body Members and City staff may only respond to public comments in accordance with California Government Code Section 54952.2. Accordingly, the Advisory Body Members and City staff, upon recognition of the Presiding Officer, may only briefly respond 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, or direct staff to place a matter of business on the agenda for a future meeting. Notwithstanding California Government Code Section 54952.2(b), no discussion or action shall take place on any item not listed on the published agenda.
 Each speaker is limited to three minutes for any comment during “Public Comments”. At the discretion of the Presiding Officer, the time allotted to an individual speaker may be further adjusted.
 At the discretion of the Presiding Officer, the total amount of time allotted to “Public Comments” may be limited if deemed necessary in order to complete the business of the Advisory Body as listed on the Agenda.

The following shall apply for any other portion of the Agenda:
 At the discretion of the Presiding Officer, members of the public may be allowed to address the Advisory Body on any other portion of the Agenda, if the member of the public is recognized by the Presiding Officer.  Each speaker is limited to three minutes for any comment on any other portion of the Agenda.
 At the discretion of the Chairperson, the total amount of time allotted to comments from members of the public on any other portion of the Agenda may be limited if deemed necessary in order to complete the business of the Advisory Body as listed on the Agenda.

8.2 Written Communications
Any person may submit written comments to the Advisory Body through the office of the City Manager/City Clerk, and request that the Advisory Body receive copies in their Agenda Packets, provided such written comments are relevant to matters within the subject matter jurisdiction of the Advisory Body and are received in sufficient time to include in the Agenda Packet. Communications received subsequent to the publishing/posting of the Agenda Packet may be included as late correspondence and provided separately to the members either in advance of or at the meeting, with copies provided at the meeting for the public. Written comments can also be submitted using the online speaker card. Online speaker cards received prior to the meeting will be read into the record at the time called by the Presiding Officer.

Any person may submit written comments to the Advisory Body through the Committee Secretary, City Clerk, or through the Written Comment Card available on the website, provided such written comments are relevant to matters within the subject matter City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023July 7, 2026

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jurisdiction of the Advisory Body. Items will be forwarded to the Members and added to the public binder or agenda packet available at the meeting.

9. SUSPENSION AND AMENDMENTS OF RULES

9.1 Suspension
Any provision of these Rules not already governed by State law may be temporarily suspended by a majority vote of the Advisory Body.

9.2 Amendment
These Rules may only be amended or new rules adopted by a majority vote of the City Council of the City of Emeryville.

10. MISCELLANEOUS RULES

10.1 Chairperson
The Chairperson may move, second, and debate from the Chair, and shall not be deprived of any rights and privileges of a Member.

10.2 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 Committee Secretary shall take a verbal roll call vote on any and all motions before the Committee. The Chair's name shall be called last and the Vice-Chair next to last with the other members' names called in alphabetical order by the Committee Secretary.

Each member present at a meeting of the Advisory Body and duly appointed to serve on the Advisory Body shall be entitled to cast one vote. The adoption of any motion shall require the vote of the majority of the Members present.

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

10.4 Protests
Any Advisory Body 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.

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10.5 Motion to Reconsider
A motion to reconsider any action taken by the Advisory Body may be made in accordance with the following:
 The motion must be made by a member of the prevailing side, although it may be seconded by any Advisory Body Member.
 The motion is debatable and has precedence over a pending motion.  The motion must be made before the adjournment of the next regular meeting.

CALIFORNIA

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Rules of Procedure for
Local Boards, Commissions, and Committees

TABLE OF CONTENTS

1. DEFINITION OF CITY COUNCIL COMMITTEES & COMMUNITY ADVISORY BODIES ..................................................................................................................... 3

1.1 City Council Committees................................................................................. 3

1.2 Planning Commission & Housing Advisory and Appeals Board...................... 3

1.3 Community Advisory Committees ................................................................... 3

1.4 Ad Hoc Committees ........................................................................................ 4

2. AUTHORITY AND APPLICABILITY........................................................................... 4

2.1 Authority.......................................................................................................... 4

3. GENERAL RULES..................................................................................................... 4

3.1 Public Meetings............................................................................................... 4

3.2 Meeting Dates and Times ............................................................................... 4

3.3 Quorum ........................................................................................................... 5

3.3.1 City Council Committee.......................................................................... 5

3.3.2 Community Advisory Committee ............................................................ 5

3.4 Right of the Floor............................................................................................. 5

3.5 Rules of Order................................................................................................. 5

3.6 City Manager................................................................................................... 5

3.7 Presiding Officer.............................................................................................. 5

3.7.1 City Council Committees ........................................................................ 5

3.7.2 Community Advisory Committees .......................................................... 6

3.8 Call to Order.................................................................................................... 6

3.9 Preservation of Order...................................................................................... 6

3.10 Point of Order.................................................................................................. 6

3.11 Authority to Clear Room Where Meeting Willfully Interrupted ......................... 6

3.12 Attendance...................................................................................................... 6

3.13 Teleconferencing............................................................................................. 7

4. TYPES OF MEETINGS ............................................................................................. 7

4.1 Regular Meetings ............................................................................................ 7

4.2 Adjourned Meetings ........................................................................................ 7

4.3 Special Meetings............................................................................................. 7 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: July 7, 2026

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4.4 Closed Session Meetings................................................................................ 8

4.5 Media Attendance ........................................................................................... 8

5. TRAINING / ORIENTATION ...................................................................................... 8

6. GOAL/PRINCIPLE SETTING AND ANNUAL REPORTING ...................................... 8

7. ORDER & PREPARATION OF AGENDA.................................................................. 8

7.1 Purpose of Agenda ......................................................................................... 8

7.2 Agenda Order of Business .............................................................................. 8

7.3 Agenda Preparation ........................................................................................ 9

7.4 Hearing Items Out of Order............................................................................. 9

7.5 Audio Recordings.......................................................................................... 10

7.6 Action Minutes............................................................................................... 10

8. CITIZENS’ RIGHTS ................................................................................................. 10

8.1 Addressing the Advisory Body ...................................................................... 10

8.2 Written Communications ............................................................................... 11

9. SUSPENSION AND AMENDMENTS OF RULES.................................................... 11

9.1 Suspension ................................................................................................... 11

9.2 Amendment................................................................................................... 11

10.MISCELLANEOUS RULES ..................................................................................... 12

10.1 Chairperson................................................................................................... 12

10.2 Roll Call Votes............................................................................................... 12

10.3 Personal Privilege ......................................................................................... 12

10.4 Protests......................................................................................................... 12

10.5 Motion to Reconsider .................................................................................... 12 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: July 7, 2026

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2. AUTHORITY AND APPLICABILITY

2.1 Authority
The City Council of the City of Emeryville hereby establishes these “Rules of Procedure” for the conduct of meetings of its Advisory Bodies created by action of the City Council.

3. GENERAL RULES

All regular and special meetings of Advisory Bodies will adjourn no later than two hours after the meeting is convened, unless a majority of the Advisory Body votes to proceed with business beyond that time.

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3.3 Quorum

3.4 Right of the Floor
Any member of an Advisory Body or person in attendance desiring to speak shall first be recognized by the Presiding Officer and shall, with the exception of non-agenda Public Comment, confine any remarks to the subject under consideration.

3.5 Rules of Order
Except in cases of conflict with these Rules, "Robert's Rules of Order" shall govern the proceedings of Advisory Bodies.

3.7 Presiding Officer

The Chairperson shall serve for one year from appointment.

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3.8 Call to Order
The Presiding Officer shall call the meeting to order at the time appointed.

Any member who is absent from more than 33% of the total meetings scheduled to be held in a term year will be subject to automatic termination of membership from the committee. Upon receiving notice from the Committee Secretary that the member will City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: July 7, 2026

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exceed the allowable number of absences should one more absence occur, the City Manager or their designee shall notify the member that they are in danger of being automatically terminated from their seat on the Committee. Should a subsequent absence then be recorded before the end of the term year, the member will receive notice of termination, which will also be provided to the subject Advisory Body, and the City Council. Where applying a 33% calculation creates other than a whole number, normal number rounding to the nearest whole number will be used.

3.13 Teleconferencing
Teleconferencing is not allowed for Advisory Bodies.

4. TYPES OF MEETINGS

4.2 Adjourned Meetings
Any meeting of the Advisory Body may be adjourned to a later date, place, and time, provided no adjournment is for a period longer than the next regularly scheduled meeting.

4.3 Special Meetings
Special meetings may be called by the Presiding Officer or by a majority of the Advisory Body Members during a regularly scheduled meeting. 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 Ralph M. Brown Act, as it may be amended from time to time.

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4.4 Closed Session Meetings
Advisory Bodies shall not conduct closed session meetings.

7. ORDER & PREPARATION OF AGENDA

7.1 Purpose of Agenda
The purpose of Advisory Body agendas is to comply with provisions of the Brown Act.

7.2 Agenda Order of Business
All agendas of Advisory Bodies shall adhere to the following format:

1. Call to Order

2. Roll Call

3. Public Comment

4. Approval of [Previous Meeting Date] Action Minutes

5. Action Items

5.1. Description of Item to be Discussed/Acted Upon
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5.2. Description of Item to be Discussed/Acted Upon

6. Information Items

6.1. Description of Item to be Discussed

6.2. Description of Item to be Discussed

7. Future Agenda Items

7.1. Description of Item

7.2. Description of Item

8. Announcements / Member Comments

8.1. City Staff Announcements

8.2. Committee Member Announcements

9. Adjournment

7.3 Agenda Preparation
Agenda Items may be placed on the agenda by 1) a majority of the City Council; 2) a majority of the Advisory Body; 3) the City Manager; or 4) the City Attorney.

Agenda Items are to be delivered to the City Manager, or their designee, by 5:00 PM, seven days preceding the meeting date or as soon thereafter as is reasonably practicable.

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8. CITIZENS’ RIGHTS

8.1 Addressing the Advisory Body
Any person may address the Advisory Body on the following Order of Business portions of the Agenda as identified in Section 7.2:
• Public Comment
• Action Items
• Information Items
The following shall apply for non-agenda public comment and commenting on action or informational items:
• At each meeting of an Advisory Body, staff shall provide a seating area for the public.
• Each person desiring to address the Advisory Body on an Agenda Item shall signal their desire to address the Presiding Officer (e.g. by raising their hand) after the matter has been presented to and discussed by the members of the Advisory Body and public comment called for. • Any person who desires to address the Advisory Body on any item not on the Agenda, which item is within the subject matter jurisdiction of the Advisory Body, may do so during that portion of the Agenda called Public Comment.
• Before the Advisory Body can take action on the item, if any action is contemplated, the Presiding Officer shall recognize those members of the public who have signaled their desire to address the Advisory Body. Each person, once recognized by the Presiding Officer, is requested but not required to state their name and city of residence for the record. • Each individual speaker is limited to three minutes. At the discretion of the Presiding Officer, the time allotted to an individual speaker may be further adjusted.

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• At the discretion of the Presiding Officer, the total amount of time allotted to comments from members of the public on an individual Agenda Item may be limited if deemed necessary in order to complete the business of the Advisory Body as listed on the Agenda.
• All remarks shall be directed to the Advisory Body as a whole and not to any particular member of the Advisory Body, staff or member of the public. • No person, other than members of the Advisory Body, the City Manager or their designee, and the person recognized by the Chairperson shall be permitted to enter into the discussion.
• No question shall be asked of the Advisory Body Members, the City Manager, or staff except through the Presiding Officer. • The Advisory Body Members and City staff may only respond to public comments in accordance with California Government Code Section 54952.2. Accordingly, the Advisory Body Members and City staff, upon recognition of the Presiding Officer, may only briefly respond 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, or direct staff to place a matter of business on the agenda for a future meeting. Notwithstanding California Government Code Section 54952.2(b), no discussion or action shall take place on any item not listed on the published agenda.

8.2 Written Communications
Any person may submit written comments to the Advisory Body through the Committee Secretary, City Clerk, or through the Written Comment Card available on the website, provided such written comments are relevant to matters within the subject matter jurisdiction of the Advisory Body. Items will be forwarded to the Members and added to the public binder or agenda packet available at the meeting.

9. SUSPENSION AND AMENDMENTS OF RULES

9.1 Suspension
Any provision of these Rules not already governed by State law may be temporarily suspended by a majority vote of the Advisory Body.

9.2 Amendment
These Rules may only be amended or new rules adopted by a majority vote of the City Council of the City of Emeryville.

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10. MISCELLANEOUS RULES

10.1 Chairperson
The Chairperson may move, second, and debate from the Chair, and shall not be deprived of any rights and privileges of a Member.

10.4 Protests
Any Advisory Body 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.

10.5 Motion to Reconsider
A motion to reconsider any action taken by the Advisory Body may be made in accordance with the following:
• The motion must be made by a member of the prevailing side, although it may be seconded by any Advisory Body Member.
• The motion is debatable and has precedence over a pending motion. • The motion must be made before the adjournment of the next regular meeting.

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING

THE RULES OF PROCEDURE FOR LOCAL BOARDS, COMMISSIONS, AND

COMMITTEES TO CONFORM WITH NEW BROWN ACT REQUIREMENTS
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 makes amendments to conform the Brown Act to the Americans with Disabilities Act (ADA) and requires the City Council to decide whether to allow Advisory Bodies to meet remotely (teleconferencing); and WHEREAS, on May 5, 2026, the City Council held a Study Session to review the changes to the Brown Act. The City Council gave direction to not allow Advisory Bodies to meet remotely; and
WHEREAS, the Rules of Procedure (ROP) of Local Boards, Commissions, and Committees needs to be updated to include new ADA accessibility language for Members and remove teleconferencing procedures; and
WHEREAS, the ROP amendment also includes updates to public comment at meetings and information on submitting written comments. These amendments are not substantive, but simply a consolidation of sections and aligning procedures in the manual with actual practice; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the Rules of Procedure for Local Boards, Commissions, and Committees are amended to conform with new Brown Act requirements and remove teleconferencing procedures.

Resolution No. _____
Advisory Body ROP Amendment
City Council Meeting | July 7, 2026

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ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held July 7, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK SPECIAL COUNSEL
[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: July 7, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Rebecca Sermeno, Community Services Director SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM
THE COUNTY OF ALAMEDA FIRST 5 EMERGENCY GRANT

PROGRAM FOR THE EMERYVILLE CHILD DEVELOPMENT CENTER

IN THE AMOUNT OF ONE-HUNDRED THOUSAND DOLLARS
($100,000) AND AUTHORIZE A BUDGET ADJUSTMENT IN FISCAL
YEAR 2025-2026 TO RECORD THE GRANT IN ACCOUNT 230-53650 AND EXPENDITURES OF $18,000 IN ACCOUNT 230-71000 AND
$82,000 IN ACCOUNT 230-73600

RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to accept a grant from the County of Alameda First 5 to support the vital work of the Emeryville Child Development Center (ECDC) in the amount of $100,000 and authorize a budget adjustment to fiscal year 2025-2026 to accept the grant and authorize expenditures to ECDC (Fund 230) for stipends and food supplies.

BACKGROUND
The purpose of the First 5 Alameda County Early Care and Education (ECE) Emergency Grant is to provide immediate financial relief and stabilization funding to licensed early care and education programs throughout Alameda County. Funded through Measure C, the Children's Health and Child Care Initiative for Alameda County, the grant is intended to help childcare providers remain operational, strengthen the early childhood workforce, address rising operating costs, and ensure that children and families continue to have access to high-quality early learning opportunities. Grant funds may be used for business-related expenses such as personnel costs, rent, educational materials, supplies, facility improvements, and other program needs that support the sustainability and quality of childcare services. As a condition of the grant, participating programs must provide a minimum $1,000 stipend to each eligible early educator, to support workforce retention and recognize the essential contributions of early childhood educators.

Background on Measure C
Measure C, the Children's Health and Child Care Initiative for Alameda County, was approved by Alameda County voters in March 2020. The measure established a ECDC First Five Grant
City Council Meeting | July 7, 2026

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countywide sales tax to generate dedicated funding for programs that support the health, well-being, and development of children and families. Measure C funding is administered by First 5 Alameda County and is focused on improving access to highquality early childhood care and education, strengthening the early childhood workforce, supporting family resource programs, and promoting children's health and developmental outcomes.

A key goal of Measure C is to ensure that children, particularly those from underserved communities, have access to safe, affordable, and high-quality early learning opportunities. Funding is used to stabilize and expand childcare services, invest in early childhood educators, support family engagement, and provide resources that help children enter school ready to learn. The First 5 Alameda County Emergency Grant Program is one example of Measure C funding being used to strengthen the early care and education system and support providers serving children and families throughout Alameda County.

FISCAL IMPACT
The grant funds are allocated as follows:
▪ A minimum one-time stipend of $1,000 will be provided to each eligible early educator—including managers, assistant managers, teachers, lead teachers, associate teachers, assistant teachers, and family childcare assistants—at ECDC. This stipend recognizes their essential role in supporting children and families and assists with workforce retention and program stability. ▪ Grant funds will be deposited into account 230-53650 (Other State Grants) and $18,000 will be expended in account 230-71000 (Salaries) and $82,000 in account 230-73600 (Food Supplies), ensuring compliance with grant requirements and supporting the sustainability and quality of childcare services.

STAFF COMMUNICATION WITH THE PUBLIC
None
PREPARED BY: Rebecca Sermeno, Community Services Director

ATTACHMENTS
▪ Draft Resolution
➢ Exhibit A – First Five Emergency Grant Contract
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE COUNTY OF ALAMEDA FIRST 5 EMERGENCY GRANT PROGRAM FOR THE EMERYVILLE

CHILD DEVELOPMENT CENTER IN THE AMOUNT OF ONE-HUNDRED THOUSAND DOLLARS ($100,000) AND AUTHORIZE A BUDGET ADJUSTMENT FOR FISCAL YEAR 2025-2026 TO RECORD THE GRANT IN ACCOUNT 230-53650 AND EXPENDITURES OF $18,000 IN ACCOUNT 230-71000 AND $82,000 IN ACCOUNT 230-73600
WHEREAS, the City of Emeryville operates the Emeryville Child Development Center (ECDC) which provides essential early childhood education and care services to children and families in the community; and
WHEREAS, the County of Alameda First Five Emergency Grant Program, funded through Measure C, the Children’s Health and Child Care Initiative for Alameda County, has awarded a grant in the amount of $100,000 to ECDC to provide immediate financial relief and stabilization funding to licensed early care and education programs throughout Alameda County; and
WHEREAS, the grant funds are intended to help childcare providers remain operational, strengthen the early childhood workforce, address rising operating costs, and ensure that children and families continue to have access to high-quality early learning opportunities; and
WHEREAS, as a condition of the grant, participating programs must provide a minimum $1,000 stipend to each eligible early educator—including managers, assistant managers, teachers, lead teachers, associate teachers, assistant teachers, and family childcare assistants—to support workforce retention and recognize the essential contributions of early childhood educators; and
WHEREAS, the remaining balance of the grant funds will be used to address emergency program needs, strengthen operational capacity, and support services that promote health, safety, and well-being of children and families served by the ECDC; and WHEREAS, in fiscal year 2025-2026, grant funds of $100,000 will be deposited into account 230-53650 (Other State Grants) and $18,000 will be expended from account 230- 71000 (Salaries) and $82,000 from account 230-73600 (Food Supplies), in accordance with grant requirements; now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to accept a grant from the County of Alameda First Five Emergency Grant Program in the amount of $100,000 for the Emeryville Child Development Center, and to execute all necessary documents and take all actions required to implement the grant, Resolution No. _____
ECDC First Five Grant
City Council Meeting | July 7, 2026

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including the distribution of stipends to eligible early educators and the allocation of remaining funds to support emergency program needs and operational capacity.

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held July 7, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK SPECIAL COUNSEL

ATTACHMENTS
▪ Exhibit A – First Five Emergency Grant Contract
Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962 FIRST 5 ALAMEDA COUNTY EARLY CARE & EDUCATION EMERGENCY GRANT

INVOICE
Payment will be issued upon receipt of all deliverables and valid certificates of insurance. First 5 reserves the right to withhold payment until required certificate of insurance (CO!) documentation is received.

INVOICE
DATE 04/16/2026
First 5 Alameda County
SUBMITTED TO 1115 Atlantic Avenue
Alameda, CA 94501
GRANT APPLICATION NUMBER ECEEG-01732
CONTRACT NUMBER PS-ECE-1732-940
DESCRIPTION OF SERVICES First 5 Early Care & Education Emergency Grant AWARD PERIOD July 1, 2025 — June 30, 2026
INVOICE AMOUNT $ 100,000.00
REMIT CONTRACT PAYMENT TO (Make check out to):

Organization Name: City Of Emeryville Child Development Center Contact - First Name Contact - Last Name
Desiree Garland
Street # Street Name Unit City ST Zip
1220 53rd Street Emeryville CA 94608
Email Phone Number Fax Number
[email protected] (510) 596-4367
AUTHORIZED BY:

Signed by:

SIGNATURE wl Duis Garland
\—.796D7611AB34483...

NAME Desiree Garland
TITLE Center Manager
Checks will be issued by mail as the standard payment method. If you have special needs regarding the payment process, please contact us at [email protected] so we can make appropriate arrangements.

Please note, alternative methods may result in delay of payments.

For First 5 Finance Use Only:
st : Approved Payment 1” Payment $ 100000
Disbursement a"! Payment $0
COI Status COI Received and Approved to Pay
COI Status Notes
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B94880389962 FIRST5
j:b\1M!iN

CONTRACT FOR SERVICES
MEASURE C- FIRST 5 EARLY CARE & EDUCATION EMERGENCY GRANT CONTRACTOR:

DOING BUSINESS As (DBA):

GRANT APPLICATION NUMBER:

CONTRACT NUMBER:

CONTRACT TERM:

CONTRACT AMOUNT:

CONTACT PERSON:

CONTACT TITLE:

TELEPHONE:

EMAIL:

CONTRACTOR ADDRESS:

City Of Emeryville Child Development Center
Not Applicable
ECEEG-01732
PS-ECE-1732-940
JULY 1, 2025-JUNE 30, 2026
$100,000.00
Desiree Garland
Center Manager
(510) 596-4367
[email protected]
1220 53rd Street, Emeryville, California 94608
THIS CONTRACT, is hereby made and entered into on this 1st day of July, 2025 by and between First 5 Alameda County ("First 5"), an independent public agency of the State of California, and City Of Emeryville Child Development Center
("Contractor").

IT IS HEREBY MUTUALLY AGREED that both parties will adhere to the provisions of this Agreement including Exhibit A (Program Description and Requirements), Exhibit B (Terms and Conditions of Payment and Accountability Requirements), Exhibit C (Insurance Requirements), Exhibit D (Additional Terms for Early Care and Education Providers), and Exhibit E (Certification of Grant Requirements).

IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date first mentioned above.

G;!;,��l�,t-,t44ft-f) .. -. s ____ _
Kristin Spanos
CEO
First 5 Alameda County
4/30/2026
Date Date
LaTanya Bellow
City Manager
City of Emeryville
_____________________________
Approved as to form:
___________________________
City Attorney
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962 Agreement
I. TERM OF AGREEMENT
The Term of this Agreement begins on the 1st day of July, 2025 and shall remain in effect until June 30, 2026. Contractor also understands that payment under this Agreement is contingent upon the allocation of funding to First 5.

Il. PROGRAM DESCRIPTION AND REQUIREMENTS -- EXHIBIT A
This Agreement shall be accompanied by Exhibit A, which is incorporated herein by this reference, and which includes a description of the duties and services to be performed for First 5 by Contractor.

Contractor agrees to comply with all provisions, to perform all work, and to provide all such duties and services set forth in Exhibit A in a professional and diligent manner. Contractor shall obtain First 5’s approval of all reports, requests, and other services and responsibilities, as required under this Agreement.

Ill. TERMS AND CONDITIONS OF PAYMENT AND ACCOUNTABILITY REQUIREMENTS -- EXHIBIT B The total amount to be paid to Contractor under this Agreement shall not exceed the sum of $100,000.00 and First 5 shall, under no circumstances, be required to pay in excess of that amount.

Payment shall be made pursuant to the terms and conditions set forth in Exhibit B. Sums not so paid shall be retained by First 5.

IV. INSURANCE -- EXHIBIT C
Contractor shall maintain at all times during the term of this Agreement, the insurance specified in Exhibit C,
V. RECORDS
A. Contractor shall maintain on a current basis complete financial records in accordance with generally accepted accounting principles.

B. Contractor will cooperate with First 5 in the preparation of, and will provide any and all information required for, reports to be prepared by First 5 and/or Contractor as may be required by the rules, regulations, or requirements of the County of Alameda, First 5 or of any other governmental entity. First 5 shall specify in detail the cooperation required.

Records shall be retained by Contractor, and shall be made available for auditing and inspection, for no less than five (5) years following the provision of any services pursuant to this Agreement, or for a longer period as required by the applicable funding source.

Vi. AUDITS
Contractor's records shall be accessible to First 5 for audit and inspection to assure proper accounting of funds, and to certify the nature of, and evaluate Contractor's performance of its obligations as set forth in this Agreement. First 5 shall be entitled to access onto Contractor's premises to observe operations, 2025 — 2026 First 5 Alameda County — ECE Emergency Grant 2 Contractor Name City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962 inspect records or otherwise evaluate performance at all reasonable times and without advance notice.

First 5 shall conduct inspections and manage information in a manner consistent with applicable laws relating to confidentiality of records and in a manner that will minimize disruption of Contractor’s work.

Funds provided by First 5 shall be accounted for separately in the Contractor’s books and records. A systematic accounting record shall be kept by the Contractor of the receipt and disbursement of funds.

The Contractor shall retain original substantiating documents related to contract expenditures and make these records available for First 5’s review upon request. Contractor will be responsible for maintaining adequate financial records of this contract. First 5 may require general ledger documentation in support of the Contractor’s expense report.

VII. LIMITATION ON LIABILITY; INDEMNIFICATION
The liabilities or obligations of First 5 with respect to its performance, non-performance or obligations pursuant to this Agreement shall be the liabilities or obligations of First 5 and its Trust Fund, and shall not become the liabilities or obligations of the County. Contractor shall not look to the County for satisfaction of obligations or liabilities.

Contractor agrees to indemnify, to defend at its sole expense, to save and hold harmless First 5, the individual members thereof, and all First 5 officers, agents, employees and volunteers, and the County of Alameda, its officers, agents, and employees from any and all liability in addition to any and all losses, claims, actions, lawsuits, damages, judgments of any kind whatsoever arising out of the negligent acts, omissions or intentional misconduct of Contractor or Contractor's employees, agents, subcontractors or volunteers in performance of services or in the course of performing services rendered pursuant to this Agreement.

VIII. SUBCONTRACTING
None of the work to be performed by Contractor shall be subcontracted without the prior written consent of First 5. Contractor shall be as fully responsible to First 5 for the acts and omissions of any subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by Contractor. First 5-approved contracts between Contractor and any subcontractor shall contain language providing that Contractor shall be as fully responsible to First 5 for the acts and omissions of any subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by Contractor.

IX. INDEPENDENT CONTRACTOR STATUS
Neither the Contractor nor any of its employees shall by virtue of this Agreement be an employee of First 5 for any purpose whatsoever, nor shall it or they be entitled to any of the rights, privileges, or benefits of First 5 employees. Contractor shall be deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement.

Contractor assumes exclusively the responsibility for the acts of its employees and subcontractors as they relate to the services to be provided during the course and scope of their employment or service.

Contractor will not represent itself (or any of its employees) as an employee or agent of First 5. First 5 will not treat Contractor as an employee of First 5 for purposes of federal or state income tax withholding, FICA withholding, or any other taxation purpose of law, including the Internal Revenue Code of 1986, as amended.
re a A
2025 — 2026 First 5 Alameda County — ECE Emergency Grant 3 Contractor Name City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962 No partnership, employment, or agency has been or is intended to be formed by this Agreement.

Accordingly, Contractor understands that First 5 is not required to provide Contractor with worker's compensation, and Contractor acknowledges and understands that Contractor is solely responsible for payment of federal and state income tax, social security, and unemployment and disability taxes, if any.

Contractor’s duties and services under this Agreement shall not include preparing or assisting First 5 with any portion of First 5’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with First 5. First 5 shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with First 5 to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Contractor pursuant to this Agreement. x. TERMINATION PROVISIONS
Termination for Cause — If First 5 determines that Contractor has failed, or will fail, through any cause, to fulfill in a timely and proper manner its obligations under the Agreement, or if First 5 determines that Contractor has violated or will violate any of the covenants, agreements, provisions, or stipulations of the Agreement, First 5 shall thereupon have the right to terminate the Agreement by giving written notice to Contractor of such termination and specifying the effective date of such termination.

Contractor agrees that if prior to or subsequent to the termination or expiration of the Agreement upon any final or interim audit by First 5, Contractor shall have failed in any way to comply with any requirements of this Agreement, then Contractor shall pay to First 5 forthwith whatever sums are so disclosed to be due to First 5.

In the event that the funding allocation or the funds available to First 5 changes, First 5 may determine, in its sole discretion, that it is necessary to reduce, eliminate or otherwise modify the funding to Contractor under this Agreement due to the unavailability of funds or First 5's assessment of its funding priorities. If First 5 elects to reduce or eliminate funding pursuant this provision, it will provide 30 days advance written notice to Contractor.

Termination Without Cause — Either party may terminate this Agreement upon 30 days advance written notice to the other party. In the event of termination, Contractor shall return any unspent funds and shall not be entitled to any further funds under this Agreement.

Termination By Mutual Agreement — First 5 and Contractor may otherwise agree in writing to terminate this Agreement in a manner consistent with mutually agreed upon specific terms and conditions.

XI. = COMPLIANCE WITH LAWS
Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies, having jurisdiction over the scope of services or any part hereof.
aE ae a a ee
2025 — 2026 First 5 Alameda County — ECE Emergency Grant 4 Contractor Name _ City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962 All services performed by Contractor must be in accordance with these laws, ordinances, codes and regulations. Contractor shall indemnify and save First 5, the individual members thereof, and all First 5 officers, agents, employees and volunteers, and the County of Alameda, its officers, agents, and employees harmless from any and all liability, fines, penalties and consequences from any noncompliance or violations of such laws, ordinances, codes and regulations. A violation of such laws, ordinances, codes and/or regulations shall constitute a material breach of this Agreement and may serve as a basis for termination of this Agreement under Article X (“Termination for Cause”) and/or the initiation of appropriate legal proceedings by First 5.

XII. COMPLIANCE WITH LAWs (CONTRACTS WITH A VALUE OF $100,000 or MoRE)* By signing this Agreement, Contractor certifies, under penalty of perjury, that at the time of entering into this Agreement all of the following are true:
(a) That Contractor is in compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code). (b) That Contractor is in compliance with the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code). (c) (1) That any policy that Contractor has against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).
(2) Any policy adopted by Contractor or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code.
*Not applicable to contracts with a value of less than $100,000 XIII. = ACCIDENT REPORTING
If a death, serious personal injury, or substantial property damage occurs in connection with the performance of this Agreement, Contractor shall immediately notify First 5 by telephone. Contractor shall promptly submit a written report, in such form as may be required by First 5, of all accidents which occur in connection with this Agreement.

XIV. NON-DISCRIMINATION
Contractor assures that it will comply with applicable state and federal laws and regulations that govern discrimination, including, but not limited to, the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964. Contractor further agrees that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam Era Veteran’s status, political affiliation, or any other non-merit factors protected by applicable law, be excluded from participation in, ea ae ee ee
2025 — 2026 First 5 Alameda County — ECE Emergency Grant 5 Contractor Name City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962 be denied associated benefits, or be otherwise subjected to discrimination under activities covered in this Agreement.

XV. GOVERNING BOARD LIMITATIONS; CONFLICT OF INTEREST
Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies regarding conflicts of interest.

If Contractor has entered into this Agreement as a not-for-profit organization as defined by state and federal law, and is in receipt of funds from First 5 based on such status, Contractor shall at all times conduct its business in a manner consistent with that required of a not-for-profit organization by applicable laws.

XVI. PUBLIC EMPLOYEES’ PENSION REFORM ACT
First 5 as a Participating Employer in ACERA (the Alameda County Employees’ Retirement Association) is restricted by law in retaining the services of a Contractor who has retired previously under ACERA (unless the Contractor reinstates in the ACERA system). If Contractor has not previously retired under ACERA, the law does not affect his/her ability to provide services to First 5 Alameda County. If Contractor has previously retired under ACERA, the law permits the ACERA retiree to provide services to First 5 Alameda County without reinstatement from retirement under limited circumstances. Applicable Contractors will be required to complete and submit a self-certification form of ACERA retirement status prior to execution of contract.

XVII. PREVAILING WAGE; PUBLIC WORK CONTRACTOR REQUIREMENTS Contractor is aware of the requirements of California Labor Code Sections 1720, et seq. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. (“Prevailing Wage Laws”), which when applicable, require compliance with State prevailing wage rates, registration of contractors, certified payroll record requirements, hours of work requirements, apprenticeship standards and the performance of other requirements on “public works” projects (“Public Works Projects”). Contractor certifies and agrees that it will require sub-grantees to comply with the requirements as set forth in the Prevailing Wage Laws, to the extent applicable, as to be determined by Contractor or sub-grantee.

First 5 may request documentation to certify that Contractor’s sub-grantees have paid their contractors, subcontractors, or employees at the appropriate and applicable prevailing wage rate, where required.

This provision in no way creates any contractual or third-party beneficiary relationship between any of the sub-grantee’s subcontractors or employees and First 5, nor does it create any liability or duty on First 5 for sub-grantee’s failure to make timely or appropriate payments to its subcontractors or employees, on behalf of its subcontractors or employees.

First 5 shall not be a party to any contract for the Public Works Projects, and shall not be responsible or liable for the actions of any contractors, subcontractors, vendors or their respective agents or employees.
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2025 — 2026 First 5 Alameda County — ECE Emergency Grant 6 Contractor Name City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962 XVIII. > MEDIA AND PRESS ENGAGEMENT
Contractor shall not engage with members of the press or media, or respond to inquiries from members of the press or media, regarding any topic that is relevant to work that is funded by this Agreement, or the topic of Measure C in general, without prior discussion with and authorization from First 5. This includes, but is not limited to, proactive media outreach in the form of press release, media advisory, reporter outreach, and podcast or panel appearances.

First 5 staff will be available whenever possible at the request of Contractor to assist Contractor in generating media/publicity for the work funded pursuant to this Agreement. Contractor further agrees to cooperate with authorized First 5 officials and staff in any First 5 generated publicity or promotional activities undertaken with respect to work performed pursuant to this Agreement. First 5 will make its best efforts to reply and provide review/authorization promptly should the need arise. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 7 ET ee ce. 9 ey ca
2025 — 2026 First 5 Alameda County — ECE Emergency Grant 7 Contractor Name City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962

EXHIBIT A

PROGRAM DESCRIPTION AND REQUIREMENTS

1. Background and Program Description
The Children’s Health and Child Care Initiative for Alameda County (“Measure C”) imposes a half percent sales tax in Alameda County for twenty years. Measure C requires that the revenues from this tax be used to expand access to high quality early education and health care for children in Alameda County, particularly for low- and middle-income children and families.

Measure C allocates 80 percent of the sales tax revenues to the to the Child Care, Preschool, and Early Education Account (“CCPEE Account”) to fund the Child Care, Preschool, and Early Education Program (“CCPEE Program”), which is intended increase access to high quality child care, preschool, and early education services to benefit low- and middle-income children and families in Alameda County, to improve wages and compensation for family child care providers and early educators who provide those services, and to support the efficient administration of the program.

Measure C designates First 5 Alameda County as the Administering Agency for the CCPEE Program. As the Administering Agency of the CCPEE Program, First 5 Alameda County shall develop, administer, and implement all of the programs and services paid for by the CCPEE Account.

First 5 has approved a CCPEE Program Plan and Budget to increase, improve, and maintain access to quality early care and education for families and children and improving workforce compensation in Alameda County. A key component of the CCPEE Program Plan and Budget is the First 5 Early Care and Education Emergency Grant to provide one-time grants for family child care programs and child care centers to stay open, pay early educators and assistants, buy supplies, and support general child care operations.

2. Performance Requirements
Contractor’s approved performance requirements include:

A. California Early Care & Education Workforce Registry (Workforce Registry): All early educators and assistants must create or update their profiles on the Workforce Registry. a. Family Child Care (FCC) Owners are required to have a profile on the Registry, and those with staff or assistants are required to have an administrator profile to verify staff information.
b. Child Care Centers (Centers) are required to have their Executive Director/Owner create a profile in the Registry and request Administrative Access to verify the staff information for staff profiles connected to your program or agency. c. Required early educators and assistants include teachers, lead teachers, associate teachers, assistant teachers, and FCC assistants. However, other staff are encouraged to create or update their profile.
7 ee eee — eeee ee
2025 — 2026 First 5 Alameda County — ECE Emergency Grant 8 Contractor Name City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962 B. Hubbe: Contractor must submit information on their early care program, including staff and children enrolled for each licensed child care site located in Alameda County through Hubbe, an online data collection portal. Center-based programs operating multiple site locations in Alameda County, must submit an online report for every site. Contractor must verify the accuracy of the information for each site in Hubbe. Required information includes:
a. Agency Information (Centers Only)
b. General Site Information
c. Child Enrollment by age group, demographics, developmental needs, language access, and other factors
d. Classroom/Session Information (Centers Only)
e. Staff contact information and staff Workforce Registry ID Number. The number of staff listed in Hubbe much match what has been submitted in the Workforce Registry.

C. Orientations: Contractor shall be required to have their program staff attend a Measure C Orientation, an informational orientation about the grant, future funding opportunities, and other supportive resources. Program staff required to attend includes family child care (FCC) providers, teachers, lead teachers, associate teachers, assistant teachers, FCC assistants, and family, friend and neighbor (FFN) care providers. Participation requirements subject to change.

If Contractor is unable to document full participation of program staff, information may be shared in alternative formats on a case-by-case basis.

D. Funding Sources Data (Centers Only): If Contractor operates a Child Care Center, Contractor must provide data on revenue funding sources and children served from July 1, 2024 through June 30, 2025. This requirement does not apply to Family Child Care providers.

3. Reporting Requirements
Contractor will submit an expense report and program impact report. Contractor will report how emergency grant funds impacted the provider and/or major accomplishments as a result of the grant.

Report format will combine survey questions, narrative options, and provide an opportunity to share photos or videos to illustrate the grant impact. Data and stories from the expense report or program impact report may be used to showcase Measure C’s impact across First 5’s communication channels.

First 5 will provide the reporting format after execution of the contract.

Contractor will submit the expense report and impact report upon the full expenditure of the emergency grant funds, no later than thirty (30) days after the ending date of the Agreement. Failure to submit required reports may disqualify Contractor from future funding opportunities at First 5.

Contractor will submit program reports and expense reports as outlined on the payment schedule in Exhibit B: Terms and Conditions of Payment and Accountability Requirements.

Contractor may be required to collect and report on specific measures.

4. Fiscal Requirements
Grant funds may be applied to expenses from January 1, 2025 through June 30, 2026. as A
2025 — 2026 First 5 Alameda County — ECE Emergency Grant Contractor Name _ City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962 Contractor may be required to submit general ledger expense reports, salaries and benefits documentation, and/or other documentation supporting expenses during the funded term, as further specified in Section V of the Contract for Services. First 5 will identify which expenses and supporting documentation the Contractor will be required to submit and provide prior notice to the Contractor.

5. Budget and/or Scope Revisions
Not Applicable.

6. Federal Office of Management & Budget (OMB) Uniform Guidance Requirements Not applicable.

7. Tuberculosis Testing
The Contractor shall require and ensure that staff who have direct and consistent contact with children through the First 5 funded activities undergo standard tuberculosis testing. Contractor will maintain records and documentation of current tuberculosis clearance and retest as appropriate.

8. Filing reports with Child Protective Services (CPS) / Child Care Licensing (CCL) If a First 5 Contractor has knowledge of or observes a child who they suspect has been the victim of child abuse or neglect within the course of First 5 funded work, it is expected that they will file a report of the situation to CPS. In accordance with CPS guidelines, the report should be filed by phone within 24 hours of the incident, and in writing within 36 hours of the incident. If the abuse or neglect occurs ina licensed child care facility, it is expected that the Contractor will also file a report immediately to CCL.

Reporting suspected child abuse or neglect to First 5 or other persons is not a substitute for making a report to CPS or CCL. Reporting duties are individual and cannot be delegated to another person.

If First 5 staff become aware of suspected child abuse or neglect while providing consultation and/or contract support, and a report is not filed within the legal timeframe by the Contractor, First 5 staff will file a report by phone and in writing within 24 hours.

Failing to report abuse or neglect to the appropriate agencies is not consistent with the mandates of First 5 Alameda County to improve health and development of children ages 0-5. Failure to report shall constitute a material breach of this Agreement subject to termination by First 5 under Article XII (“Termination for Cause”) of this Agreement.

9. Cultural Access Services Requirements
A. Contractor shall make a good faith effort to ensure that clients receive from all staff members effective, understandable, and respectful care that is provided in a manner compatible with their cultural health beliefs and practices, and preferred language.

B. Contractor shall make a good faith effort to ensure that communication among staff and with the clients/population served promotes cultural responsiveness and respect of difference.
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2025 — 2026 First 5 Alameda County — ECE Emergency Grant 10 Contractor Name _ City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962

10. Acknowledgement of Funds
The Contractor shall acknowledge the funds received in statements or printed materials as outlined in the guidelines listed below.

A. The Contractor will announce funding awards only after any announcement strategies are discussed with and approved by First 5 staff. If the award announcement is made in the form of a press release, Contractor will invite First 5 leadership to provide a quote and include designated boilerplate language.

B. The Contractor agrees to use official attribution tools and logos provided by First 5, including Measure C logos, for promotional materials, public awareness campaigns or special events connected with funding. The Contractor will follow First 5 logo guidelines as determined by the agency’s visual style guide.

C. First 5 funding will be acknowledged in all materials produced for the purpose of public education and outreach regarding the Contractor’s funded project. These materials would include, but are not limited to brochures, flyers, media ads or public service announcements, presentations and handouts and outdoor ads. All printed materials and promotional products will include First 5 approved language and logos to indicate Measure C funding and First 5 ownership.

D. Any materials or publicity generated by Contractor for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of First 5 Alameda County and Measure C funding in making the project possible. The Measure C | First 5 Alameda County logo will be used on all collateral materials including but not limited to flyers, press releases, social media graphics, posters, and brochures.

11. Union Neutrality
Contractor shall not use funds provided under this Agreement to support or oppose unionization, including, but not limited to:

A. Preparation and distribution of materials which advocate for or against unionization.

B. Hiring or consulting legal counsel or other consultant to advise the contractor about how to assist, promote or deter union organizing or how to impede a union which represents the contractor’s employees from fulfilling its representational responsibilities; C. Holding meetings to influence employees about unionization; planning or conducting activities by supervisors to assist, promote, or deter union activities; or D. Defending against unfair labor practice charges filed with federal or state enforcement agencies.
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2025 — 2026 First 5 Alameda County — ECE Emergency Grant 11 Contractor Name City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962 Contractor shall not retaliate against early educators for participating in or contributing to a professional or labor organization.

Violation of this provision shall constitute a breach of contract.

12. Early Development Instrument (EDI) Implementation (for school districts only) School districts must commit to adopt the EDI across all kindergarten classrooms in either Fiscal Year 2025-26 or Fiscal Year 2026-27 to be eligible for current and Future Measure C funding and grants. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 7 A A ee ee ——
2025 — 2026 First 5 Alameda County — ECE Emergency Grant Contractor Name City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
12 Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962

EXHIBIT B

TERMS AND CONDITIONS OF PAYMENT AND ACCOUNTABILITY REQUIREMENTS

1. Contractor Name: City Of Emeryville Child Development Center

2. Term of Contract: July 1, 2025 —June 30, 2026

3. Terms and Conditions of Payment
Contractor will adhere to the following payment and reporting schedule:

Requirement Due Due Date Amount

1. | Grant PayMen Upon Execution of Contract | $100,000.00 e Invoice and submission of valid e =W-9 Form certificate of insurance* e Certificate of Insurance (See Exhibit C)

3. | Grant Reporting 30 days after full Not Applicable
x Eqpense Repo ; expenditure of funds, but e Early Educator & Assistants Stipend no later than July 31, 2026 Report
e Grant Program Impact Report
Payments will not be released prior to the transfer of Measure C funds to Alameda County. *Family Child Care providers that do not have a valid Certificate of Insurance (COI) at the time of contract execution will receive 50% of the award upon execution of contract. A valid COI must be submitted within 45 days of the 1 payment date in order to receive the final 50% payment.

Payment is contingent on receipt and approval of all required reports and documentation. First 5 reserves the right to withhold Contractor payment until required reporting and insurance documentation is received. Additional supporting documentation for expenses may be requested per First 5’s policies and other applicable federal and state requirements.

Failure to comply with grant requirements may result in the return of grant funds to First 5 and may disqualify Contractor from future funding opportunities.

Total payments during the contract term will not exceed $ 100,000.00.

4. Invoicing Procedures
Contractor will complete and sign invoice in a template provided by First 5. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] i er ee en a
2025 — 2026 First 5 Alameda County — ECE Emergency Grant Contractor Name City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
13 Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962

EXHIBIT C

INSURANCE REQUIREMENTS
As a condition of this contract, Contractor must provide proof of insurance for the following:

I. General Liability Limits:
a. Child Care Centers: Commercial General Liability (attach insurance cover sheet) Minimum Limit $1,000,000 general aggregate in general liability for the child care business
b. Family child care programs licensed to serve more than 8 children: Commercial General Liability (attach insurance cover sheet) Minimum Limit $900,000 general aggregate in general liability for the child care business c. Family child care programs licensed to serve 8 children or fewer: Commercial General Liability (attach insurance cover sheet) Minimum Limit $300,000 general aggregate in general liability for the child care business
Il. Additional Insured Endorsement:

Certificates of insurance must include “First 5 Alameda County, its Commissioners, and all First 5 officers, agents, and employees” as Additional Insureds with respect to services being provided.

All Insurance Certificates must show coverage for the child care program (name and address) indicated in the Contractor’s Early Care and Education Emergency Grant Application. For agencies with multiple sites, the Insurance Certificate must demonstrate that all sites are covered under the policy.

All Insurance Certificates showing proof of insurance must include First 5 Alameda County as a certificate holder and provide a 30-day notice of Cancellation.

First 5 reserves the right to withhold Contractor payment until required insurance documentation is received. Payment will be issued based on insurance status at the time of contract execution. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 7 EE EO — ee ee 8 — =
2025 — 2026 First 5 Alameda County — ECE Emergency Grant 14 Contractor Name City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962

EXHIBIT D

ADDITIONAL TERMS FOR EARLY CARE AND EDUCATION PROVIDERS As a condition of this contract, Contractor must also comply with the following requirements:

I. Program Provider Requirements.

Contractor must meet or exceed California state or local city minimum wage requirements for all early educator employees, including family child care assistants. This amount must meet the minimum wage requirement irrespective of whether the contractor offers benefits, and the contractor may not reduce total compensation paid to any early educator employee prior to receipt of funds under the Agreement.

Il. Orientation and Training of Early Educators.

Contractor shall be required to have their program staff attend a Measure C Orientation, an informational orientation about the grant, future funding opportunities, and other supportive resources. Program staff required to attend includes family child care (FCC) providers, teachers, lead teachers, associate teachers, assistant teachers, FCC assistants, and family, friend and neighbor (FFN) care providers. Participation requirements subject to change. If Contractor is unable to document full participation of program staff, information may be shared in alternative formats on a case-by-case basis.

Ill. Payroll Deduction
Contractor shall honor voluntary requests, including electronic requests, submitted by early education employees and family child care providers to contribute to a professional or labor organization of their choosing via payroll deduction from payment they receive, and shall transmit such deducted amounts to the relevant organization. First 5 and contractor shall notify and inform early educators and family child care providers of the opportunity to request payroll deductions to professional or labor organizations as described in this section. Professional or labor organizations will be required to meet minimum criteria as set forth by First 5 in the 2025-2030 First 5 CCPEE Program Plan and Budget, including non-profit status, connecting early educators to professional development and training opportunities, and strengthening the ability of early educators to advocate for improvement to the child care system.

IV. Data Collection
Contractor is required to collect and report on specific information as specified by First 5 in the 2025- 2030 First 5 CCPEE Program Plan and Budget, including but not limited to, data related to employees, wages, retention, training, and compliance with relevant laws.

Contractor must also submit to First 5 upon request: the total number of employees, a list of employee job titles and associated pay rates, updated on at least an annual basis, and a self-certification to report any violations of applicable federal, state or local rules, regulations or laws, including laws governing employee safety and health, labor relations and other employment requirements, and any citations, court findings or administrative findings for violations of such federal, state or local rules, regulations or laws. In the case where the contractor has violated aforementioned laws or regulations, the Contractor EE AE eo —— — — ee
2025 — 2026 First 5 Alameda County — ECE Emergency Grant 15 Contractor Name City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962 shall disclose the date, enforcement agency, the rule, law or regulation involved, and any additional information the First 5 requires to be submitted.
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16 Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962

EXHIBIT E

CERTIFICATION OF GRANT REQUIREMENTS
The undersign certifies to the best of their knowledge and belief that:
|. Maintain Eligibility
a. Site(s) eligible for grant funding are currently open and will remain in operation in Alameda County with children birth to 5 years old enrolled for the duration of the grant. b. Programs receiving grant funding meet or exceed California state or local city minimum wage requirements for early educators and assistants.
c. Contractor will maintain required general liability insurance for the duration of the grant.

Il. Program Data Accuracy
a. Profile(s) for site(s) in Alameda County have been created in the California Early Care & Education Workforce Registry. All early educators and assistants are registered. The profile(s) have been reviewed and the information in the Workforce Registry is true and correct. b. Profile(s) for the site(s) located in Alameda County have been created in Hubbe. The site profile(s) have been reviewed and the information in Hubbe is true and correct. c. Child Care Centers only: Required funding source documentation has been submitted, reviewed, and is true and correct. This requirement does not apply to Family Child Care providers.

Il. Financial Requirements
a. A portion of the grant will be provided directly to early educators and assistants in the form of a stipend (minimum of $1,000 per staff). Records of the payments will be retained for First 5 to review upon request. Failure to provide early educator/assistant payments may result in return of grant funds.
b. Grant funds will only be used for serving children birth to age 12 years old. Expenses will meet California Community Care Licensing regulations for the age group in care. Any facility expenses will meet any applicable laws, ordinances, codes, and regulations. c. Grant funds will NOT be used for the following expenses:
i. Expenses for serving children over the age of 12 years old ii. | Alcohol or tobacco related expenses
iii. Personal portion of rent, mortgage, utilities, etc. iv. Personal facility improvements not directly related to serving children birth to 12 years old
Vv. Equipment for personal use
Vi. Entertainment, unless directly related to educational enrichment for children birth to 12 years old
vii. Legal costs in defense of any civil or criminal fraud proceeding viii. Lobbying costs (direct or indirect), or political activities. ix, Supporting or opposing unionization
ees ee ee
2025 — 2026 First 5 Alameda County — ECE Emergency Grant 17 Contractor Name _ City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
Docusign Envelope ID: 24A79170-9926-84B4-83B2-E009128A51E5 Docusign Envelope ID: 72D5330B-5E30-8A88-83BC-B948B0389962 d. An expense report is required after funds have been fully expended. All Contractors will be required to report the number and amount of stipends distributed directly to early educators and assistants.

IV. Data Collection and Dissemination
a. Contractor consents to the collection, use, and sharing of the information from this Agreement for the purpose of administering and evaluating this grant opportunity and further Measure C initiatives. Information will not be shared with unauthorized third parties without Contractor’s explicit consent.
b. Data collected by the Child Care Alliance of Los Angeles via the California Early Care and Education Workforce Registry, including compensation data, will be shared to First 5 Alameda County designated staff for the purposes of administering and evaluating this grant opportunity and further Measure C initiatives. Data collected via Hubbe will be accessed by First 5 Alameda County designated staff for the purposes of administering and evaluating this grant opportunity and further Measure C initiatives. Data may also be shared with third parties for the purposes of data validation, such as the California Early Care & Education Workforce Registry and Alameda County Alternative Payment agencies.
c. Data and information from the expense report or program impact report may be used to showcase Measure C’s impact across First 5’s communication channels.

V. General Provisions
a. Agree to ensure all early educators and assistants attend a Measure C Orientation, an informal orientation about the grant, future funding opportunities, and other supportive resources. b. Agree to provide First 5 with access to any documents or records which are directly pertinent to this grant.
c. If Contractor is a school district, commit to adopt the Early Development Instrument (EDI) across all kindergarten classrooms in either Fiscal Year 2025-26 or Fiscal Year 2026-27 to be eligible for current and future Measure C funding and grants.
d. Failure to comply with grant requirements may result in the return of grant funds to First 5 and may disqualify Contractor from future funding opportunities.

Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any.

CONTRACTOR: City Of Emeryville Child Development Center NAME: Desiree Garland TITLES Center Manager
Signed by:

SIGNATURE: ft Pesres Conard DATE: 4/17/2026
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2025 — 2026 First 5 Alameda County — ECE Emergency Grant 18 Contractor Name _ City Of Emeryville Child Development Center Contract # PS-ECE-1732-940
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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: July 7, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Chadrick Smalley, Community Development Director SUBJECT: ACTIVE TRANSPORTATION PLAN (ATP) ANNUAL REPORT

RECOMMENDATION
Staff recommends that the City Council receive this report.

BACKGROUND
Plan Development
On November 17, 2020, the City Council approved a contract with Alta Planning + Design for the preparation of the Active Transportation Plan (ATP), to replace the Pedestrian and Bicycle Plan, which was adopted on May 15, 2012. Public outreach began in March 2021.

Over 1,300 people participated in the development of the ATP. Opportunities for participation included:
• Ten Bicycle/Pedestrian Advisory Committee (BPAC) meetings. • Four Transportation Committee meetings.
• Three listening sessions: small focus groups focusing on the needs and experiences of hotel and retail workers, community members with disabilities, and families with children.
• One interactive youth outreach event focusing on the needs and experiences of school-age children.
• One walking tour and one bicycling tour.
• Three online community meetings.
• One online survey and two online interactive map activities gathering comments and experiences on existing and proposed infrastructure improvements.

Promotion of public participation opportunities included:
• Targeted social media ads in English and Spanish placed on Facebook, Instagram, and Google.
• Use of the City of Emeryville social media accounts and websites. • Use of City email lists.
• The placement of 20 bilingual (English and Spanish) sidewalk decals around the city in key locations (including the Greenway, transit stops, and parks). • Mailing of 19,000 bilingual (English and Spanish) postcards to every residential and business address in the city.

Active Transportation Plan (ATP) Annual Report
City Council Meeting | July 7, 2026

Page 2 of 6 ends

• Hand delivering bilingual (English and Spanish) flyers and holding impromptu conversations at retail businesses, hotels, and restaurants.

Plan Adoption
From November 2022 through January 2023 the Draft ATP was reviewed by the BPAC, Planning Commission, Transportation Committee, at a Public Workshop held on Zoom, and by the City Council. After a systematic review of all comments, staff made revisions and posted the Final Draft of ATP on the ATP website in June 2023 and brought the draft to the July meetings of the BPAC and Transportation Committee for commendation to City Council. Both committees recommended approval of the ATP to Council. On July 27, 2023, the Planning Commission unanimously recommended approval to the City Council.

On October 17, 2023, the City Council unanimously approved the ATP and rescinded the previous Pedestrian and Bicycle Plan.

Vision
The foundation of the ATP is its vision statement (page 18):
“The City of Emeryville is a community where active, sustainable transportation is the easy choice: it is safe, comfortable, equitable, and accessible to all. The continuous, connected network of world-class facilities eliminates the necessity of driving a car and makes active transportation accessible to people of all identities (race, ethnicity, age, gender, socio-economic status, ability, or orientation). The City promotes active travel through infrastructure, education, and encouragement programs. The City inspires other communities with its visionary and forward-thinking commitment to active transportation.”
To realize this vision, the ATP includes:
• six goals,
• 11 policy recommendations,
• five program recommendations, and
• four project maps.

Annual Review
This annual report focuses on the City’s progress toward these goals, policy recommendations, and program recommendations While the City is required by state law to provide annual progress reports on the General Plan and Housing Element, there are no mandated requirements for the ATP. When the ATP was considered, members of the BPAC, Transportation and Sustainability Committee (TSC), Planning Commission, and City Council consistently requested to receive regular updates on the ATP after adoption.

While there is no formal requirement or method for such updates, they are consistent with ATP policy recommendation A-5: Plan Evaluation, which states that the City will “track the implementation status of the bicycle and pedestrian network proposed in the Active Transportation Plan.”
Active Transportation Plan (ATP) Annual Report
City Council Meeting | July 7, 2026

Page 3 of 6 ends

As the ATP was adopted in October 2023, the first annual report covered the period from October 2023 through the end of 2024. All subsequent annual reports are for the calendar year. While this year the review for the 2025 calendar year is taking place the following June, for future years, review will be planned for the following March of each calendar year (for example, calendar 2026 to be reviewed in March of 2027).

DISCUSSION
Goals

Page 19 ends

Connected, Joyful, Equitable, Sustainable, and Implementable.

As all of the goals contain qualitative elements, at the June 1, 2026 BPAC meeting, committee members reviewed the six goals of the ATP and provided qualitative feedback on progress made towards each goal during 2025. This year the BPAC noted progress in areas that overlapped multiple goals:
• The speed limit study resulting in lowered speed limits was noted as contributing to both comfort and equity.
• The speed bumps along the Greenway were discussed as increasing comfort for users, which increases joy.
• The removal of the Powell-Hollis slip lane and creation of a plaza in its place was remarked upon as increasing comfort, connection, and joy.

A table is attached to this report that includes all of the ATP goals, a description of each goal, and notes from BPAC’s qualitative assessment discussions for both the first annual report and 2025 (Attachment 1).

Policy Recommendations

Page 59 ends

that includes all of the ATP policy recommendations, a description of each policy recommendation, and status of each policy recommendation (“Complete,” “Progress,” “Ongoing,” or “Not Yet”) (Attachment 2).

In 2024:
• three policy recommendations were marked as “not yet,” and • eight policy recommendations were marked as “ongoing.” By comparison, in 2025:
• one policy recommendation was marked as “not yet,”
• eight policy recommendations are marked as “ongoing,” and • two were marked as “progress.”
Highlights from the eight policy recommendations marked as “ongoing” or “progress” are:
• A-2.2: The City will ensure sufficient funding in order to support bicycle and pedestrian maintenance activities.

Active Transportation Plan (ATP) Annual Report
City Council Meeting | July 7, 2026

Page 4 of 6 ends

o 2025 maintenance activities include replacing plastic delineators, striping, signage, pedestrian lighting and repaving.
• A-3: Safe Routes to Schools.
o In 2025 the City began analysis for the next round of speed reductions, which included streets adjacent to schools; and the Local Roadway Safety Plan (LRSP) was adopted with includes traffic safety improvements, including in school zones. • A-4: Banning Right Turn on Red.
o Right hand turns are evaluated as part of each paving and street improvement project. Additionally, in July 2025 the City adopted a Local Roadway Safety Plan (LRSP) that specifically identifies two intersections for new no right turn on red installations and recommends every intersection to be evaluated on a case-bycase basis.

Program Recommendations
Pages 61 - 70 of the ATP provided 14 policy recommendations under six categories (equity, encouragement, safe routes to school, education, evaluation, and other). A table is attached to this report that includes all the ATP program recommendations, a description of each program recommendation, and status of each program recommendation (“Complete,” “Progress,” “Ongoing,” or “Not Yet”) for both 2024 and 2025 (Attachment 3).

In 2024,
• six programs were marked as “not yet,”
• four programs were marked as “ongoing,” and
• four programs were marked as “progress.”
By comparison, in 2025:
• four programs were marked as “not yet,”
• four programs were marked as “ongoing,” and
• six programs were marked as “progress.”
Highlights from the 14 program recommendations are:
• B-1: Targeted Outreach and Programs. In 2025 the City began the Urban Tree Planting Program which was developed with an equity lens, and as a result prioritized tree planting in the Marina and Triangle Neighborhood. • B-4: Expanded Bike Share. In 2025, as part of a system-wide expansion program, three new stations were added in Emeryville (Huchiun Park, Vallejo Street at 66th Street, and Powell Street at Commodore Drive). Emeryville now has a total of 15 stations.

Active Transportation Plan (ATP) Annual Report
City Council Meeting | July 7, 2026

Page 5 of 6 ends

• B-8: Bike Parking Retrofit Program. BPAC raised the concern of insufficient bicycle parking in older, existing residential developments. Staff researched what existing residential buildings have required bike parking and identified resources for studying bicycle parking usage in existing residential developments in 2026.

Maps
Attachment 4 includes four maps from the ATP: Map 1, Major Projects and Studies; Map 2, Proposed Pedestrian Improvements; Map 3, Proposed Spot Improvements; and Map 4, Proposed Bikeways). These maps are highlighted to demonstrate where studies are currently underway (yellow); where there is work in progress, such as project engineering (blue), or where projects are complete or under physical construction (green). Work completed under the current ATP, prior to 2025, is shown in purple.

STRATEGIC PLAN CONNECTION
The first goal of the Strategic Plan is “Livable, Safe and Vibrant Community.” The description for this goal includes “long range… planning.” The implementation of the ATP, one of the City’s primary long range plans, directly contributes to the livability, safety, and vibrancy of the community.

The second goal of the Strategic Plan is “Quality Infrastructure and Environmental Stewardship” described as “maintenance and improvement of infrastructure, facilities, fleet, climate policies.” Implementation of the ATP provides for quality city-wide infrastructure that inherently incorporates environmental stewardship by increasing the viability of walking and bicycling in Emeryville.

FISCAL IMPACT
None.

STAFF COMMUNICATION WITH THE PUBLIC
The BPAC reviewed the 2025 ATP Report at their May 4, 2026 meeting, and provided comments on progress towards ATP goals at their June 1, 2026 meeting. The TSC received the presentation at their June 9, 2026 meeting and expressed appreciation to staff for all the work done so far. The Planning Commission reviewed the ATP Report at their June 25, 2026 meeting.

CONFLICT OF INTEREST
None.

CONCLUSION
The City is making progress on the implementation of the ATP.

PREPARED BY: Navarre Oaks, Senior Planner
Active Transportation Plan (ATP) Annual Report
City Council Meeting | July 7, 2026

Page 6 of 6 ends

ATTACHMENTS
• Attachment 1 – Table of ATP Goals
• Attachment 2 – Table of ATP Policy Recommendations
• Attachment 3 – Table of ATP Program Recommendations
• Attachment 4 – ATP Maps Marked with Progress Status
ATP 2025 Annual Report
Table I: ATP Goals

Page 19 ends

Comfortable
The active transportation network is easy to navigate, including for parents, children, and seniors. Best practices in infrastructure design and programming reduces the risk of serious injury while biking, walking, or rolling throughout Emeryville.
∙ Amazing progress, doing things right: Horton Street
∙ More progress for bikes, less for pedestrians
∙ Speed limit study and lowered speed limits.
∙ Also see Equitable
∙ Speed bumps along the Greenway increase comfort.
∙ Also see Joyful
∙ Removal of the Powell-Hollis slip lane: transformation into plaza. ∙ Also see Connected and Joyful
Connected
The active transportation network is seamlessly integrated both within Emeryville and externally to neighboring communities. It allows for intermodal connectivity. Reaching destinations is direct and barrier-free. ∙ Great facilities: bridge, greenway, Doyle Street
∙ Connecting people to places: big projects vs intersections ∙ 40th Street connection to The Loop and Bay Trail is highly anticipated. ∙ Three new bike share stations; Powell station increasing connection to the Marina.
∙ Powell-Hollis slip lane transformation to plaza.
∙ Also see Comfortable and Joyful
Joyful
Traveling along well-designed routes in the active transportation network is an enjoyable and attractive experience. People feel connected to one another and take pride in their streets and trails as public spaces and desirable destinations.
∙ Clean, pride, social, relationships, maintenance, happy ∙ “Joyful is up!”
∙ Bike to Wherever Day: high participation of children. ∙ Bike to Wherever Day: treasure hunt passport.
∙ 40th Street project: people are excited.
∙ Powell-Hollis slip lane transformation to plaza.
∙ Also see Comfortable and Connected
∙ Speed bumps along the Greenway increase comfort.
∙ Also see Comfortable
∙ Public comment: daily 3 mile walk from 53rd Street to Marina and back is joyful.
∙ Public comment: Huchiun Park is joyful.

Equitable
The needs of the less resourced, whether by income, ability, employment access, education, age or another characteristic where disparity exists, are centered in project and program planning, prioritization, and implementation and given equal weight to residents’ more resourced counterparts. ∙ Connection is equity.
∙ Wayfinding will help.
∙ Free Emery Go-Round.
∙ Speed limit study and lowered speed limits.
∙ Also see Comfortable
Sustainable
To help mitigate the climate crisis and reduce local pollution, the active transportation network encourages mode shift to zero-emission travel (biking, walking, rolling, and public transit) and helps lower the carbon footprint of those living and working in Emeryville. It includes other environmental benefits by increasing the number of shade trees and acreage of green stormwater infrastructure.
∙ How to Measure? ACS, BTWD, Ped/Bike Counters,
∙ Numbers: bike share, parking space/meters, transit use ∙ New bike lane sweeper.

Implementable
The City incorporates active transportation network improvements into all aspects of the planning, development and construction process, including new private development projects. The City tackles complex and simple problems alike, allocating appropriate resources and creativity to each. The City leverages opportunities, large and small, to prioritize and implement any aspect of the active transportation network.
∙ ATP has improved interdepartmental communication
∙ “Other cities look to Emeryville as an example…”
∙ Continued improvements in interdepartmental communication. ∙ Progress shown on ATP maps.
1 of 1
ATP 2025 Annual Report
Table II: ATP Policy Recommendations

Page 59 ends

IMPLEMENTATION
A-1.1: The City will seek resources to
implement the recommendations of the
Active Transportation Plan.

Ongoing.

CIP Project SUT-O2 funds studies to help implement the
ATP. In 2024 this funded the Powell Street Study which
will continue in 2025.

Ongoing.

CIP Project SUT-01 is the primary funding source for ATP implementation. The 2024 Sustainable Streetscapes
Project made considerable construction progress in 2025, most notably on the Hollis Street corridor south of Powell Street. CIP Project SUT-02 funds studies to help
implement the ATP. In 2025 this continued to fund the
Powell Street Study which will go to Council for approval in 2026.

A-1: COMMITMENT TO PLAN

IMPLEMENTATION
A-1.2: As other roadway improvements are
constructed by the City and other agencies,
the City will evaluate opportunities
to integrate pedestrian and bicycle
infrastructure to advance implementation of
the Active Transportation Plan.

Ongoing.

Pedestrian and Bicycle Improvements are incorporated
into the Sustainable Streetscapes Program in the CIP on an ongoing basis.

Ongoing.

Pedestrian and Bicycle Improvements are incorporated
into the Sustainable Streetscapes Program in the CIP on an ongoing basis.

A-2: MAINTENANCE
A-2.1: Bicycle facilities will be resurfaced
at the time that the street on which they
reside is resurfaced, to ensure equitable
maintenance between vehicle and bicycle
facilities.

Ongoing.

Standard Emeryville Practice.

Ongoing.

Standard Emeryville Practice.

A-2: MAINTENANCE
A-2.2: The City will ensure sufficient
funding in order to support bicycle and
pedestrian maintenance activities.

Ongoing.

We have identified annual maintenance funding and
multiple funding sources to ensure maintenance happens
on an ongoing basis: Sustainable Streetscapes and ADA
funds in the CIP, General PW Maintenance Fund, etc.
2024 examples include replacing plastic delineators and repaving.

Ongoing.

We have identified annual maintenance funding and
multiple funding sources to ensure maintenance happens
on an ongoing basis: Sustainable Streetscapes and ADA
funds in the CIP, General PW Maintenance Fund, etc.
2025 examples include replacing plastic delineators,
striping, signage, pedestrian lighting and repaving.
1 of 3
ATP 2025 Annual Report
Table II: ATP Policy Recommendations

Page 59 ends

Policy Recommendations Description Adoption - 2024 Progress (Year 1)Complete, Progress, Ongoing, or Not Yet Adoption - 2025 Progress (Year 2)
Complete, Progress, Ongoing, or Not Yet
A-3: SAFE ROUTES TO SCHOOLS
The City will continue to act as an engaged
partner with the Emery Unified School
District, local schools, and Alameda
County in support of Safe Routes to School
activities and programs.

Not Yet.

Point people with capacity in both the City and EUSD need to be identified. In 2025 aiming to develop EUSD
connections and relationships to make this happen in
2025-2026 school year.

Progress.

There is currently no Safe Routes to School Program
coordinator in Emeryville, however there is an Alameda
County SR2S coordinator who has reached out to the
school district and the City. In 2026 City staff will work to coordinate with the school district and Alameda County.

In 2025 the City began analysis for the next round of
speed reductions, which inlcudes streets adjacent to
schools; and the Local Roadway Safety Plan (LRSP) was
adopted in July of 2025, which identifies traffic safety improvements city-wide, including in school zones; the
LRSP will continue to be implemented via the Sustainable Streetscapes and Traffic Signal Programs in the CIP.

A-4: BANNING RIGHT TURN ON RED
The City will evaluate banning vehicles
from turning right while they have a red light
signal on a case-by-case basis as projects
move into the design phase.

Ongoing.

Right hand turns are evaluated as part of each paving and street improvement project. Additionally, in 2024 the City has started a Local Roadway Safety Plan (LRSP) with a
traffic consultant which will include analysis of potential locations in 2025.

Ongoing.

Right hand turns are evaluated as part of each paving and street improvement project. Additionally, in July 2025 the City adopted a Local Roadway Safety Plan (LRSP) with a
traffic consultant.

A-5: PLAN EVALUATION
A-5.1: When the Active Transportation Plan
is updated, the City will assess citywide
bicycle and pedestrian data and conduct
additional counts as needed.

Not Yet.

Policy for future implementation.

The ATP was not updated in 2024.

Not Yet.

Policy for future implementation.

The ATP was not updated in 2025.

A-5: PLAN EVALUATION
A-5.2: When feasible, conduct bicycle and
pedestrian counts before and after new
projects are constructed.

Ongoing.

In 2024 only counts done for Powell. Only vehicle counts were conducted due to limited resources, minimal
intersections and primarily off-street facilities for peds and bikes.

Ongoing.

There were no applicable private development projects in 2025. The City is looking for opportunities to install more pedestrian and bicycle counters. 2 of 3
ATP 2025 Annual Report
Table II: ATP Policy Recommendations

Page 59 ends

Policy Recommendations Description Adoption - 2024 Progress (Year 1)Complete, Progress, Ongoing, or Not Yet Adoption - 2025 Progress (Year 2)
Complete, Progress, Ongoing, or Not Yet
A-5: PLAN EVALUATION
A-5.3: The City will establish a centralized
database to track the implementation status of
the bicycle and pedestrian network
proposed in the Active Transportation Plan.

The database, and its mapping component,
will allow for the rapid creation of reports
and maps to be deployed to officials and
the public.

Not yet.

In 2024 worked on how to implement ATP and
interdepartmental coordination.

Will begin working on actual database as data becomes
available over next 2 years.

Progress.

In 2025 the annual ATP report is functioning as the
centralized information source for the ATP.

Work on creating an actual data base has not begun, and functionally will probably begin development as part of information gathering for the 2026 ATP annual report.

A-6: LEADING PEDESTRIAN

INTERVALS
The City supports Leading Pedestrian
Intervals and will evaluate opportunities to
implement at signalized intersections where
feasible, while taking into consideration
transit needs.

Ongoing.

In 2024 the City's on call traffic consultant retimed signals on Hollis Street and optimized LPI where applicable.

Ongoing.

In 2025 the City's on call traffic consultant retimed signals at 59th Street and Hollis Street and other locations were evaluated city-wide for LPI implementation.

Recommended locations are in the LRSP (Local Roadway
Safety Plan).

A-7: LOWERING OF SPEED LIMITS
The City will evaluate how new legislation
could be applied within current legislative
restrictions on lowering of speed limits on
streets with biking facilities.

Ongoing.

In 2024 the City implemented a citywide speed limit
update. Subsequently, speed limits were reduced to as
low as 15 miles per hour (Horton Street) based on new
State Legislation.

Ongoing.

In 2025 engineering and assessment work was done for
the second round of reducing speed limits in the City in the past two years. As a result, in 2026 a significant
number of streets will have their speeds reduced to 15 or 20 miles per hour.
3 of 3
ATP 2025 Annual Report
Table III: Program Recommendations
ATP Page Program Category Program Name Program Recommendation Adoption - 2024 Progress (Year 1) Complete, Progress, Ongoing, or Not Yet
Adoption - 2025 Progress (Year 2)
Complete, Progress, Ongoing, or Not Yet
61 EQUITY PROGRAM

RECOMMENDATIONS
B-1: Targeted Outreach and
Programs
Advertise and promote all programs in languages used by Emeryville residents, such as English, Spanish, Chinese, Thai, Amharic, Hindi, and Farsi. Offer programs specifically for women, families, non-English speaking communities,
and other specific demographic groups.

Ongoing.

Staff is assessing opportunities to develop standardized engagement practices and resources for the City.

The Powell Street survey was provided in English, Spanish, and Cantonese based on pre-survey community outreach.

Ongoing.

In 2025 the City began the Urban Tree Planting Program
which was developed with an equity lens, and as a result prioritized tree planting in the Marina and Triangle
Neighborhood.
61 EQUITY PROGRAM

RECOMMENDATIONS
B-2: Bicycle Accessories
Giveaway Program
Subsidize or provide free bicycle equipment to residents who qualify for CalFresh or PG&E CARE utility discount. The City could consider working with local bike shops to
implement this program.

Not yet.

Emeryville PD has historically held bike light giveaways.

Due to lack of staffing that was not feasible in 2024. Aiming to reinstate in 2025. Bike bells were provided for free as part of Bike to Wherever Work Day giveaways.

Progress.

Emeryville PD has historically held bike light giveaways.

While no accessory giveaway program was established in
2025, bike bells were provided for free as part of Bike to Wherever Work Day giveaways.
62 EQUITY PROGRAM

RECOMMENDATIONS
B-3: Bicycle/Pedestrian
Infrastructure Equity Program
Revise the Capital Improvement Program per
recommendations from the Plan with review of equitable
distribution of infrastructure that supports people walking and biking.

Ongoing.

The CIP was adopted in 2023 and was not revised in 2024.

The Sustainable Streetscapes CIP line item is not restricted to a specific street. The selection of streets occurs through conversations with the Transportation and Sustainability Committee. Staff apply an equity lens during the selection process, which is one of the reasons the Triangle
Neighborhood was prioritized in 2024, and why Adeline
Steet is being assessed for implementation in 2025.

Ongoing.

The CIP was adopted in 2023 and was not revised in 2025.

The Sustainable Streetscapes CIP line item is not restricted to a specific street. The selection of streets occurs through conversations with the Transportation and Sustainability Committee. Staff apply an equity lens during the selection process, which resulted in the Triangle Neighborhood
being prioritized in 2024, and why initial concept design work for Adeline Steet was completed in 2025.
62 ENCOURAGEMENT

PROGRAM

RECOMMENDATIONS
B-4: Expanded Bike Share
The City should look for opportunities to expand bike share to additional locations, such as areas of the City south of Powell Street and west of the
railroad tracks.

Progress.

Emeryville approved its first bike stations in 2017.

Emeryville initially started out with 10 stations, expanding to 11 stations in 2019 when a station was added by the
property owner at 2100 Powell Street. In August of this year (2024), a new station was installed by the property owner of Bay Street under the stairs leading to the South Bayfront Pedestrian-Bicycle Bridge. Since the beginning of the
bikeshare program, both staff and BPAC have identified Bay Street as a priority location for bikeshare expansion. The addition of this bikeshare station after the completion of the South Bayfront Pedestrian-Bicycle Bridge and in
preparation of the opening of a new grocery store at Bay Street, simultaneously adds a key destination to the
bikeshare system and important transportation
infrastructure to Bay Street.

Progress.

Emeryville approved its first bike stations in 2017.

Emeryville initially started out with 10 stations, expanding to 11 stations in 2019 when a station was added by the
property owner at 2100 Powell Street. In August of 2024 a new station was installed under the stairs leading to the South Bayfront Pedestrian-Bicycle Bridge at Bay Street. In 2025, as part of a system-wide expansion program, three new stations were added in Emeryville (Huchiun Park,
Vallejo Street at 66th Street, and Powell Street at
Commodore Drive). Emeryville now has a total of 15
stations.
1 of 4
ATP 2025 Annual Report
Table III: Program Recommendations
ATP Page Program Category Program Name Program Recommendation Adoption - 2024 Progress (Year 1) Complete, Progress, Ongoing, or Not Yet
Adoption - 2025 Progress (Year 2)
Complete, Progress, Ongoing, or Not Yet
62-63

ENCOURAGEMENT

PROGRAM

RECOMMENDATIONS
B-5: Car-Free Street Events
The City should integrate Conditions of Approval for site development to implement Employer Based
Encouragement Programs /
Bicycle Friendly Business Programs (see recommendation
B-7 on the next page).

The City should support a regular, recurring car-free street event. While specific locations and times for these events can be developed through community outreach and
support, one possibility for the City of Emeryville would be to combine a car-free street event with its Art in Public Places program. Possible locations include Park Avenue, Doyle Street/Greenway, Hollis Street, and Horton Street.

Measure B funds could be used for general outreach and
marketing.

Progress.

No applicable site development projects in 2024.

Hubbard, Halleck, and Sherwin Avenue were closed for the Harvest Festival and used for vending booths, food trucks, and activities such as ax throwing.

For Halloween, four streets were closed down for slowstreets.

Streets were open to people and closed to vehicles for the Holiday parade.

Progress.

No applicable site development projects in 2025.
2025 car free events:
- Hubbard, Halleck, and Sherwin Avenue were closed for
the Harvest Festival and used for vending booths, food
trucks, and activities such as ax throwing;
- for Halloween 64th Street was closed for "Spooky Streets;" and
- streets were open to people and closed to vehicles for the Holiday parade.
63 ENCOURAGEMENT

PROGRAM

RECOMMENDATIONS
B-6: Bicycle Friendly
Community
This Plan recommends the City reapply for an elevated
Bicycle Friendly Community status after implementation of the priority projects and many of the recommended
programs identified in this Plan. In Emeryville’s last report card, the League of American Bicyclists recommended
Emeryville focus on expanding its bicycle network, updating its bicycle plan, offer targeted education to specific
demographic groups who are underrepresented in the
bicycling community, increase employer-based
encouragement program, create a data driven traffic
enforcement program, and support bicycle integration with transit.

Not yet.

Priority Projects are underway but not yet fully
implemented, so application per this recommendation is
premature.

Not yet.

Priority Projects are underway but not yet fully
implemented, so application per this recommendation is
premature.
64 ENCOURAGEMENT

PROGRAM

RECOMMENDATIONS
B-7: Employer-Based
Encouragement Programs /
Bicycle
Friendly Business Programs
The City should continue to work with or provide
information to employers about alternative commute
options, with the intention of reducing the number of
Emeryville workers who drive alone to work, and should
establish a Bicycle Friendly Business Program. It should continue to support Bike to Work Day as a car-free event and explore additional policies and programs that can
encourage walking and biking to work.

The City should serve as a role model by actively promoting alternative commute modes for City employees.

Ongoing.

In 2024 multiple Emeryville businesses participated in Bike to Work/Wherever Day by providing volunteers, staffing
energizer stations, and donating resources and materials to bikers. The City also continues to support BTWD by
organizing the event and hosting 4-5 energizer stations annually.

Add BTWD stats (largest ever), mention passports
In 2025 the City will work more actively to inform and
engage employers in bicycle related opportunities such as promoting the Guaranteed Ride Home program by ACTC.

Ongoing.

In 2025 the City worked with multiple Emeryville
businesses, continuing community participation in Bike to Work/Wherever Day by providing volunteers, staffing
energizer stations, and donating resources and materials to bikers.

In 2025 the City did not have the staffing to work more actively to inform and engage employers in bicycle related opportunities such as promoting the Guaranteed Ride
Home program by ACTC, but will continue to seek such
opportunities in 2026.
2 of 4
ATP 2025 Annual Report
Table III: Program Recommendations
ATP Page Program Category Program Name Program Recommendation Adoption - 2024 Progress (Year 1) Complete, Progress, Ongoing, or Not Yet
Adoption - 2025 Progress (Year 2)
Complete, Progress, Ongoing, or Not Yet
64 ENCOURAGEMENT

PROGRAM

RECOMMENDATIONS
B-8: Bike Parking Retrofit
Program
The City should consider opportunities to fund or subsidize a bike parking retrofit program to help
existing private developments add bike parking to their property. The City could create a bike parking request
program and fund public bike parking or lockers in areas of high demand. Funding sources may limit parking to be
publicly accessible.

Progress.

No funding sources were identified in 2024 to subsidize bike parking for existing private development.
100 racks were installed city-wide on sidewalks based on bike rack request submitted to the City.

Several vehicular parking spaces were converted to bike parking on City property at Point Emery, Stanford Park on Beaudry, and two spots at the Emeryville Marina.

Progress.

No funding sources were identified in 2025 to subsidize bike parking for existing private development.

BPAC raised the concern of insufficient bicycle parking in older, existing residential developments. Staff researched what existing residential buildings have required bike
parking and identified resources for studying bicycle
parking usage in existing residential developments in 2026. 66-67

SAFE ROUTES TO

SCHOOL PROGRAM

RECOMMENDATIONS
B-9: Safe Routes to School
Programs
The City should collaborate with Emery Unified School
District for site assessment at qualifying schools and
private schools to increase participation in the Alameda County SR2S program. In particular, Anna Yates and the
other schools located at the ECCL campus should
participate in a School Safety Assessment
Not yet.

There is currently no Safe Routes to School Program
coordinator in Emeryville. In 2025 City staff will seek resources and implementation.

Despite not having a designated SRSP coordinator, the City has been installing street improvements near school
campuses to improve safety. For example, in winter of 2023 traffic calming measures and cycle track were installed on Steve Dain Drive and Doyle Street near ECCL.

Progress.

The Local Roadway Safety Plan (LRSP) was adopted in July of 2025, which identifies traffic safety improvements citywide, including in school zones; the LRSP will continue to be implemented via the Sustainable Streetscapes and
Traffic Signal Programs in the CIP.
68 EDUCATION PROGRAM

RECOMMENDATIONS
B-10: Adult Bicycling Skills
Classes
This Plan recommends the City sponsor and host a range of adult bicycling skills classes or partner with County or regional activities on an ongoing basis.

Not yet.

This program was not implemented in 2024 due to lack of staffing and would require additional positions. In 2025 staff will look for opportunities to partner with other agencies and organizations that may have existing
programs.

Not yet.

This program was not implemented in 2025. Staff will focus on looking for opportunities to partner with other agencies and organizations that may have existing programs.
68 EDUCATION PROGRAM

RECOMMENDATIONS
B-11: Family Bicycling Skills
Classes
This Plan recommends that the City sponsor and host
family bicycling skills classes or partner with County or regional activities on an ongoing
basis.

Not yet.

This program was not implemented in 2025. Staff will focus on looking for opportunities to partner with other agencies and organizations that may have existing programs.
69 EDUCATION PROGRAM

RECOMMENDATIONS
B-12: Driver Education
Program/Campaign
This Plan recommends the City implement a driver
education program and/or campaign.

Not yet.

This program was not implemented in 2025. Staff will focus on looking for opportunities to partner with other agencies and organizations that may have existing programs.
3 of 4
ATP 2025 Annual Report
Table III: Program Recommendations
ATP Page Program Category Program Name Program Recommendation Adoption - 2024 Progress (Year 1) Complete, Progress, Ongoing, or Not Yet
Adoption - 2025 Progress (Year 2)
Complete, Progress, Ongoing, or Not Yet
69 EVALUATION

RECOMMENDATIONS
B-13: Traffic Counts
⊲
When collecting vehicle counts for
roadway projects, the City should take a multimodal
approach that includes counting pedestrians, bicycles, and other transportation modes as applicable.
⊲
Continue and expand the use of
automatic counters to collect data on key pedestrian and bicycle corridors, such as the Emeryville Greenway.

Automatic count technologies can be useful for bicycle and pedestrian count efforts. In-pavement loop detectors
accurately count bicycle activity on-street and infrared counters can count pedestrian and bicycle activities on paths.

Ongoing.

A ped-bike counter was installed on the South Bayfront
Bridge in 2024.

Ongoing.

Counters continue to collect ped-bike data at the
Southbayfront Bridge and along the Emeryville greenway.

The 500,000th user went over the South Bayfront Bridge in 2025! The two millionth user of the Greenway is anticipated in 2026.
70 OTHER B-14: Wayfinding
Wayfinding provides direction and creates a sense of place for people biking and rolling.

Emeryville currently uses purple-branded street signs to designate streets that are included in the citywide bike boulevard
network. Continuing and expanding
wayfinding efforts throughout the City’s active
transportation network will improve the quality and
usability of the existing and proposed network.

Progress.

Program adopted. Design work occurred in 2024 to
facilitate the first install on 40th Street, which is anticipated in 2026.

Progress.

Wayfinding program adopted. Design work occurred in
2024 to facilitate the first install on 40th Street, which is anticipated in 2026. In the meantime,
- placemaking work continued in 2025 with public outreach for the Art and Wayfinding for the 40th Street Streetscape Improvement Project, and
- separately, an effort to put in animal footprints on curb ramps with automatic pedestrian detection (indicating
where to stand to be detected) were installed during 2025. 4 of 4

City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: July 7, 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 ADOPTING THE 2026/2027 HOUSING

AFFORDABILITY TABLE PURSUANT TO THE AFFORDABLE
HOUSING PROGRAM (ARTICLE 4 OF CHAPTER 5 OF THE

PLANNING REGULATIONS)

RECOMMENDATION
Staff recommends the City Council adopt the attached resolution adopting the 2026/2027 Housing Affordability Table pursuant to the Affordable Housing Program (Article 4 of Chapter 5 of the Planning Regulations).

BACKGROUND
The City’s Affordable Housing Program (AHP) was adopted in 1990 and updated in 2014.

Prior to 2014, the ordinance required that new residential and live-work developments of thirty or more units (rental or for-sale) include a set-aside of Below Market Rate (BMR) units.

In the case of for-sale developments, twenty percent of the units were to be set aside at the moderate-income level. In the case of rental developments, six percent of the units were to be set aside at the very low-income level and nine percent of the units were to be set aside at the moderate-income level. In both rental and ownership projects, the AHP allowed the developer to apply to the city to provide low-income units in lieu of all or some portion of their moderate-income unit requirement. In 2014, the AHP was updated to require that new ownership residential projects of ten or more units have a set-aside of twenty percent of the units at the moderate-income level. For Fiscal Year 2026-27, the AHP requires an impact fee of $35,092 per rental unit or an in-lieu production requirement of eight percent of the units at the low-income level and four percent at the very low-income level.

Because of the AHP, the City’s current BMR inventory includes 1,008 units, comprised of 887 rental units and 221 ownership units. Additionally, 429 BMR rental units have received entitlements. The income levels of the City’s existing BMR units are as follows:

BMR Units per Income Level
Tenure Very Low Income
(50%)
Low Income
(80%)
Moderate Income
(120%)
Total
Rental 535 194 158 887
Ownership 34 59 130* 221
Total 569 253 288 1,108
2026/2027 Housing Affordability Table
City Council Meeting | July 7, 2026

Page 2 of 9 ends

*Includes units that were originally sold as Very Low or Low-Income, but which have a requirement to be resold as Moderate-Income units.

Typically, the State of California Housing and Community Development Department (HCD) releases the income limits for each county in April of each year. This year, HCD released the income limits on May 26, 2026. A copy of the State’s release is found in Attachment 1. After the State releases its annual income limits for Alameda County, staff updates the “Housing Affordability Table” which is used to provide the maximum sales prices and gross rent levels that are eligible under the AHP.

DISCUSSION
The housing affordability table, found in Exhibit A to the resolution outlines the maximum income limits for various affordable housing programs per household size and income category, the maximum rental rates per bedroom type and income category and the maximum resale price per bedroom type and income category for the Below Market Rate (“BMR”) units in Emeryville.

Maximum Income Limits
The Alameda County Area Median Income limits by household size, as published by HCD, are as follows:
2026/2027 Alameda County Income Limits
Household Size 1 2 3 4 5 6
Moderate Income (120%) $136,750 $156,300 $175,800 $195,350 $211,000 $226,600 Median Income (100%) $113,950 $130,250 $146,500 $162,800 $175,800 $188,850 Low Income (80%) $95,050 $108,600 $122,200 $135,750 $146,650 $157,500 Very Low Income (50%) $59,400 $67,900 $76,400 $84,850 $91,650 $98,450 Extremely Low (30%) $35,650 $40,750 $45,850 $50,900 $55,000 $59,050 Acutely Low (15%) $17,100 $19,500 $21,950 $24,400 $26,350 $28,300 The graph below illustrates the change in maximum income per income category between 2025 and 2026 for a household of 1. For all household sizes, the largest increase in income limits was for Low Income households at 9% and the smallest increase in income limits was for Median and Moderate-Income households at 2%.

Change in Maximum Income 2025 vs. 2026 (Household of 1) 2026/2027 Housing Affordability Table
City Council Meeting | July 7, 2026

Page 3 of 9 ends

Maximum BMR Rent Limits
Pursuant to the AHP regulations, for owner occupied housing, affordable housing costs the maximum housing costs are calculated in compliance with Section 50053 of the California Health and Safety Code, which states that total housing costs for renter occupied housing includes the monthly rent, and an allowance for utilities, fees or service charges charged to all tenants. The following are the calculations used to determine the maximum rental rate per income level.

Income Level Rental Housing (gross rent)
Moderate income (120%) 30% of 110% AMI
Low income (80%) 30% of 60% of AMI
Very low income (50%) 30% of 50% of AMI
Extremely low income (30%) 30% of 30% of AMI
Based on the income limits provided by HCD and the affordable housing cost formula outlined above, the maximum gross rental rates in Emeryville for 2026/2027 are as follows:
2026/2027 Housing Affordability Table
City Council Meeting | July 7, 2026

Page 4 of 9 ends

2026 BMR Gross Monthly Rents
Studio 1- Bedroom 2- Bedroom 3- Bedroom
Moderate Income $3,134 $3,582 $4,029 $4,477
Low Income $1,709 $1,954 $2,198 $2,442
Very Low Income $1,424 $1,628 $1,831 $2,035
Extremely Low Income $855 $977 $1,099 $1,221
BMR Rental Units cannot be leased for more than the gross rental rate, assuming there is no utility allowance or required tenant fees, as outlined below. ▪ Utility Allowance: When utilities are paid directly by the tenant, a calculation called the Utility Allowance must be made to determine a reasonable cost to associate with those utilities. In Emeryville, the Housing Authority of Alameda County (HACA) determines what reasonable cost is associated with those utilities and publishes annually a Utility Allowance Schedule based on the # of bedrooms in a unit, found in Attachment 2. The utility allowance includes an allowance for heating, cooking, water heating, other electric, water, sewer, trash, refrigerator and range and breaks down the costs further for heating, cooking and water heating into electric service or gas service. ▪ Required Tenant Fees: Required tenant fees include any charges or expenses all tenants must incur as a condition of renting a Rental Unit. Required tenant fees may vary amongst Rental Properties. Examples of required tenant fees may include rental property insurance, technology fees, package locker fees or amenities fees. To determine if you have any required tenant fees, please review your lease agreement.

The graph below illustrates the change in maximum rental rates, year over year, from 2022- 2026. Between 2025 and 2026, rental rates have increased between 2% at all income levels, which is less than the percentage of rental rate increases from the previous 4 years. While the increased rental rate is 2%, that does not mean that tenants will only see a 2% rent increase, as the data is based off of a tenant being charged the maximum rental rate in 2025 and 2026, and many tenants are charged less than the maximum rental rate.

Change in Maximum Rental Rates 2022-2026 (1 Bedroom)
2026/2027 Housing Affordability Table
City Council Meeting | July 7, 2026

Page 5 of 9 ends

Maximum BMR Sale Price
Pursuant to the AHP regulations, for owner occupied housing, the maximum affordable housing costs are calculated in compliance with Section 50052.5 of the California Health and Safety Code, which states that affordable housing costs for owner occupied units may not exceed the following:

Income Level Ownership Housing
Moderate income (120%) 35% of 110% AMI
Low income (80%) 30% of 70% of AMI
Very low income (50%) 30% of 50% of AMI
Extremely low income (30%) 30% of 30% of AMI
For ownership housing, it is necessary to make assumptions about several factors that influence the affordable sales price. These assumptions include:
2026/2027 Housing Affordability Table
City Council Meeting | July 7, 2026

Page 6 of 9 ends

▪ For the interest rate assumption, staff use the 13-week average of the Freddie Mac 30- year interest rate (including points) for the past 90 days. The most recent 13-week average interest rate calculates to 6.37 percent.
▪ Staff currently estimates that the private mortgage insurance (“PMI”) on a mortgage on a condominium unit is approximately 0.65% of the first mortgage amount when PMI is charged.
▪ Homeowner association fees are based on staff’s assessment of recent condominium BMR units that have sold. When the City is communicating with an existing BMR homeowner on the affordable resale price for their individual home, staff will obtain the actual homeowner association fees for that home and calculate the maximum sales prices accordingly.
▪ Utility costs are in accordance with the most recent utility allowances published by HACA (Attachment 2).
▪ The assumption of the cost of homeowners’ insurance is a 10% increase, due to inflation, from the 2025 homeowner’s insurance assumption. The 2025 assumption was based on the estimated monthly cost of HO6 Condo Insurance cost in 2017, published by the California Department of Insurance, with a 20% increase based on inflation. In 2025, The state passed Assembly Bill AB1339, which will require the California Department of Insurance to conduct a state funded study of insurance for affordable housing. Staff anticipate this study will provide the basis for homeowners’ insurance assumptions in the future.

The current resale formula for BMR ownership units does not adequately preserve the financial incentive that makes accepting the BMR program's resale and income restrictions worthwhile in a down market for certain unit types. While many BMR units remain technically affordable under program income limits, staff have noted that for the past two years:
▪ BMR resale prices for studio and one-bedroom units are too close to market rate units ▪ BMR one-bedroom units listed at the maximum BMR resale price have sat on the market for more than 12 months
▪ BMR sellers have been required to reduce listing prices, often repeatedly, to entice a buyer to purchase their unit.

In 2025, a 15% affordability factor was added to the affordable housing formula for calculating the maximum resale price. The Housing Committee is recommending that the 15% affordability factor be retained in 2026 and for staff to reassess in six months whether it is still needed or can be removed. The affordability factor applied at resale is necessary to restore a meaningful incentive for buyers to choose a restricted BMR unit over a comparable market rate home, and to protect the long-term public investment in the BMR inventory.

Based on the income limits provided by HCD and the affordable housing cost formula and assumptions outlined above, the estimated maximum BMR sales prices for 2026/2027 are as follows:

Maximum BMR Sales Price*
Studio 1-Bed 2-Bed 3-Bed
Moderate Income (120%) $333,580 $378,553 $483,946 $538,120 Median Income (100%) $238,012 $265,845 $344,436 $383,088 2026/2027 Housing Affordability Table
City Council Meeting | July 7, 2026

Page 7 of 9 ends

Low Income (80%) $154,018 $172,336 $196,720 $218,936
*Maximum sale prices are calculated using the actual HOA dues for a given unit rather than an assumed value, and interest rates are recalculated every 90 days, therefore it is possible that the actual sales price for a specific unit could be higher or lower than what is published in the Housing Affordability Table.

The graph below illustrates the change in the maximum sales price for moderate income units by bedroom counts. Between 2025 and 2026, moderate-income BMR sales prices for 1-bedroom and 2-bedroom units have increased 5%. According to Home.com, in June 2026 the median list price for a 1-bedroom condo is $395,000 and for a 2-bedroom condo is $580,000.

Change in Maximum Sales Price
2026/2027 Housing Affordability Table
City Council Meeting | July 7, 2026

Page 8 of 9 ends

FISCAL IMPACT
Adoption of the 2026/2027 Affordable Housing Table has no fiscal impact.

STAFF COMMUNICATION WITH THE PUBLIC
Staff presented this item for recommendation to the Housing Committee on June 17, 2026.

The Housing committee recommended the City Council approve the 2026/2027 Housing Affordability Table with a 15% affordability factor included in the maximum BMR sales price formula, to be reassessed by staff in six months.

CONFLICT OF INTEREST
None.

CONCLUSION
Staff recommends the City Council approve the attached resolution adopting the 2026/2027 Affordable Housing Table.

PREPARED BY: Valerie Bernardo, Economic Development & Housing Manager 2026/2027 Housing Affordability Table
City Council Meeting | July 7, 2026

Page 9 of 9 ends

ATTACHMENTS
▪ Attachment 1 – CA State HCD 2026 Income Limits
▪ Attachment B – HACA 2026 Utility Allowance
▪ Draft Resolution
▪ Exhibit A – Housing Affordability Table
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY - GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon St, Southwest Tower
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 26, 2026
MEMORANDUM FOR: Interested parties
FROM: David Zisser, Deputy Director
Division of Housing Policy Development
SUBJECT: 2026 State Income Limits
Attached are briefing materials and 2026 State Income Limits that are now in effect, replacing the previous 2025 State Income Limits. Income limits reflect updated median income and household income levels for acutely low-, extremely low-, very low-, low-, and moderate-income households for California’s 58 counties. The 2026 State Income Limits are available on the Department of Housing and Community Development (HCD) website at https://www.hcd.ca.gov/grants-andfunding/income-limits/state-and-federal-income-rent-and-loan-value-limits.

State Income Limits apply to designated programs, are used to determine applicant eligibility (based on the level of household income), and may be used to calculate affordable housing costs for applicable housing assistance programs. Use of State Income Limits are subject to a particular program’s definition of income, family, family size, effective dates, and other factors. In addition, definitions applicable to income categories, criteria, and geographic areas sometimes differ depending on the funding source and program, resulting in some programs using other income limits.

The attached briefing materials detail California’s 2026 Income Limits and were updated based on: (1) changes to income limits the U.S. Department of Housing and Urban Development (HUD) released on May 1, 2026, for its Public Housing, Section 8, Section 202, and Section 811 programs and (2) adjustments HCD made based on State statutory provisions and its 2013 Hold Harmless (HH) Policy. Since 2013, HCD’s HH Policy has held State Income Limits harmless from any decreases in household income limits and median income levels that HUD may apply to the Public Housing and Section 8 Income Limits. HUD determined its HH Policy was no longer necessary due to federal law changes in 2008 (Public Law 110-98) prohibiting rent decreases in federal or private activity bond funded projects.

For questions concerning State Income Limits, please see the Questions and Answers on page

5. You can also contact HCD staff at [email protected]. 2026 State Income Limits Briefing Materials
California Code of Regulations, Title 25, Section 6932

Page 2 of 6 ends

Overview
The Department of Housing and Community Development (HCD), pursuant to Health & Safety Code Section 50093(c), must file updates to its State Income Limits with the Office of Administrative Law.

HCD annually updates these income limits based on U.S. Department of Housing and Urban Development (HUD) revisions to the Public Housing and Section 8 Income Limits that HUD most recently released on May 1, 2026.

HUD annually updates its Public Housing and Section 8 Income Limits to reflect changes in median family income levels for different size households and income limits for extremely low-, very low-, and low-income households. HCD, pursuant to statutory provisions, makes the following additional revisions:
(1) if necessary, increase a county’s area median income to equal California’s non-metropolitan median income, (2) adjusts area median income and household income category levels to not result in any decrease for any year after 2009 pursuant to HCD’s February 2013 Hold Harmless (HH) Policy (HCD’s HH Policy was implemented to replace HUD’s HH Policy, discontinued in 2009, to not decrease income limits and area median income levels below a prior year’s highest level), and (3) determines income limits for California’s acutely low-income and moderate-income category.

Following are brief summaries of technical methodologies used by HUD and HCD in updating income limits for different household income categories. For additional information, please refer to HUD’s briefing materials at https://www.huduser.gov/portal/datasets/il/il26/Medians-Methodology-FY26.pdf .

HUD Methodology
HUD Public Housing and Section 8 Income Limits begin with the production of median family incomes.

HUD uses the Section 8 program’s Fair Market Rent (FMR) area definitions in developing median incomes, which means developing median incomes for each metropolitan area, parts of some metropolitan areas, and each non-metropolitan county. The 2026 FMR area definitions for California are unchanged from last year. HUD calculates Income Limits for every FMR area with adjustments for family size and for areas with unusually high or low family income or housing-cost-to-income relationships.

Extremely Low-Income
In determining the extremely low-income limit, HUD uses the Federal Poverty Guidelines, published by the Department of Health and Human Services. The poverty guidelines are a simplified version of the federal poverty thresholds used for administrative purposes — for instance, determining financial eligibility for certain federal programs. HUD compares the appropriate poverty guideline with 60% of the very low-income limit and chooses the greater of the two as the extremely low-income limit. The value may not exceed the very low-income level.

Very Low-Income
The very low-income limits are the basis for the extremely low- and low-income limits. The very lowincome limit typically reflects 50 percent of median family income (MFI), and HUD's MFI figure generally equals two times HUD's 4-person very low-income limit. However, HUD may adjust the very low-income limit for an area or county to account for conditions that warrant special considerations. As such, the very low-income limit may not always equal 50% MFI.

Low-Income
In general, most low-income limits represent the higher level of: (1) 80 percent of MFI or, (2) 80 percent of state non-metropolitan median family income. However, due to adjustments that HUD sometimes makes to the very low-income limit, strictly calculating low-income limits as 80 percent of MFI could 2026 State Income Limits Briefing Materials
California Code of Regulations, Title 25, Section 6932

Page 3 of 6 ends

produce unintended anomalies inconsistent with statutory intent (e.g., very low-income limits being higher than low-income limits). Therefore, HUD’s briefing materials specify that, with some exceptions, the low-income limit reflect 160 percent of the very low-income limit. HUD may apply additional adjustments to areas with unusually high or low housing-costs-to-income relationships and for other reasons. This can result in low-income limits exceeding MFI in certain counties.

Median Family Income/Area Median Income
HUD references and estimates the MFI in calculating the income limits. California law and State Income Limits reference Area Median Income (AMI) that, pursuant to Health & Safety Code 50093(c), means the MFI of a geographic area, estimated by HUD for its Section 8 Program.

In estimating FY 2026 median family incomes, HUD uses median family income data (as opposed to median household income data) from the 2024 American Community Survey (ACS) as calculated by the Census Bureau. The Census Bureau produces two types of ACS estimates: the “one-year” data, which represent estimates as of 2024; and the “five-year” data, which represent estimates as of 2020-2024 (but are inflated to 2024 dollars). HUD requires special tabulations of the ACS to match its custom HMFA definitions described above.

HUD uses the 2024 American Community Survey (ACS) median family income data (as opposed to household income data) as the basis of FY 2026 Income Limits for all areas of California. In the past, HUD has used an inflation forecast from the Congressional Budget Office (CBO) in updating ACS estimates. However, starting in FY 2025, HUD began using the projected change in per capita wage growth, also based on CBO estimates. For FY 2026, CBO has produced a wages and salaries forecast of $48,641, which divided by the annual 2024 value of $46,125 is 1.05 (an increase of 5 percent).

For additional information on MFI’s please see HUD’s briefing materials at https://www.huduser.gov/portal/datasets/il/il26/Medians-Methodology-FY26.pdf Adjustment Calculations
HUD may apply adjustments to areas with unusually high or low family income, uneven housing-cost-toincome relationship, or other reasons. For example, HUD applies an increase if the four-person very low-income limit would otherwise be less than the amount at which 35 percent of it equals 85 percent of the annualized two-bedroom Section 8 FMR (or 40th percentile rent in 50th percentile FMR areas). The purpose is to increase the income limit for areas where rental-housing costs are unusually high in relation to the median income. In certain cases, HUD also applies an adjustment to the income limits based on the state non-metropolitan median family income level.

In addition, HUD restricts adjustments, so income limits do not increase more than five percent of the previous year's very low-income figure OR twice the increase in the national MFI as measured by the American Community Survey with an absolute cap of 10 percent, whichever is greater. For 2026, the annualized change is measured by the ACS from 2023 to 2024. Twice this change is approximately

10.09 percent, which exceeds the ten percent absolute cap. So, for FY 2026, the income limits “cap” is

10.0 percent. The cap and floor rules do not apply to the extremely low-income limits.

Please refer to HUD briefing materials for additional information on the adjustment calculations.

Income Limit Calculations for Household Sizes Other Than 4-Persons The income limit statute requires adjustments for family size. The legislative history and conference committee report indicates that Congress intended that income limits should be higher for larger families 2026 State Income Limits Briefing Materials
California Code of Regulations, Title 25, Section 6932

Page 4 of 6 ends

and lower for smaller families. The same family size adjustments apply to all income limits, except extremely low-income limits, which are set at the poverty income threshold. They are as follows:

Number of Persons in Household: 1 2 3 4 5 6 7 8
Adjustments: 70% 80% 90% Base 108% 116% 124% 132%
Income Limit Calculations for Household Sizes Greater Than 8-Persons For households of more than eight persons, refer to the formula at the end of the table for 2026 Income Limits. Due to the adjustments HUD can make to income limits in a given county, table data should be the only method used to determine program eligibility. Arithmetic calculations are applicable only when a household has more than eight members. New for FY 2026, family size-adjusted income limits are retested for compliance with the cap and floor rules. Please refer to HUD’s briefing material for additional information on family size adjustments.

HCD Methodology
State law (see, e.g., Health & Safety Code Section 50093) prescribes the methodology HCD uses to update the State Income Limits. HCD utilizes HUD’s Public Housing and Section 8 Income Limits.

HCD’s methodology involves: (1) if necessary, increasing a county’s median income established by HUD to equal California’s non-metropolitan county median income determined by HUD, (2) applying HCD’s HH Policy, in effect since 2013, to not allow decreases in area median income levels and household income category levels, (3) applying to the median income the same family size adjustments HUD applies to the income limits, (4) determining income limit levels applicable to California’s acutely low-income households defined by law as household income not exceeding 15 percent of county area median income, and (5) determining income limit levels applicable to California’s moderate-income households defined by law as household income not exceeding 120 percent of county area median income.

Area Median Income and Income Category Levels
HCD, pursuant to federal and State law, adjusts median income levels for all counties so they are not less than the non-metropolitan county median income established by HUD $97,100 for 2026. Next, HCD applies its HH policy to ensure area median income and income limits for all household income categories do not fall below any level achieved in the prior year. Health and Safety Code section 50093 requires HCD to adjust the AMI for family size in accordance with adjustment factors adopted by HUD and illustrated on the previous page. This establishes that the MFI published by HUD equals the fourperson AMI for California counties.

Acutely Low-Income Levels
Chapter 345, Statues of 2021 (Assembly Bill 1043) established California’s acutely low-income levels.

See Health & Safety Code, § 50063.5. After calculating the 4-person area median income (AMI) level as previously described, HCD sets the maximum acutely low-income limit to equal 15 percent of the county’s AMI, adjusted for family size.

Moderate-Income Levels
HCD is responsible for establishing California’s moderate-income limit levels. After calculating the 4- person area median income (AMI) level as previously described, HCD sets the maximum moderateincome limit to equal 120 percent of the county’s AMI, adjusted for family size.

Applicability of California’s Official State Income Limits 2026 State Income Limits Briefing Materials
California Code of Regulations, Title 25, Section 6932

Page 5 of 6 ends

Applicability of the State Income Limits are subject to specific programs as program definitions of factors such as income, family, and household size vary. Some programs, such as Multifamily Tax Subsidy Projects (MTSPs), use different income limits. For MTSPs, separate income limits apply per provisions of the Housing and Economic Recovery Act (HERA) of 2008 (Public Law 110-289). Income limits for MTSPs are used to determine qualification levels as well as set maximum rental rates for projects funded with tax credits authorized under Section 42 of the Internal Revenue Code (Code). In addition, MTSP income limits apply to projects financed with tax-exempt housing bonds issued to provide qualified residential rental development under Section 142 of the Code. These income limits are available at http://www.huduser.org/datasets/mtsp.html.

Questions and Answers
In Los Angeles, as well as several other counties in the state, why does the very low-income limit not equal 50% of the AMI (or the low-income limit not equal 80% of the AMI)? There are many exceptions to the arithmetic calculation of income limits. These include adjustments for high housing cost relative to income, the application of state nonmetropolitan income limits in low-income areas, and national maximums in high-income areas. In Los Angeles County, as well as several others, the magnitude of these adjustments results in the low-income limit exceeding the AMI.

These exceptions are detailed in the FY 2026 Income Limits Methodology Document, https://www.huduser.gov/portal/datasets/il/il26/Medians-Methodology-FY26.pdf .

For further information on the exact adjustments made to an individual area of the country, please see HUD’s FY 2026 Income Limits Documentation System. The documentation system is available athttps://www.huduser.gov/datasets/il/il2026 . Once the area in question is selected, a summary of the area’s median income, Extremely Low-Income, Very Low-Income, and Low-Income Limits are displayed.

Detailed calculations are obtained by selecting the relevant links.

Why don’t the income limits for my area reflect recent gains? Although HUD uses the most recent data available concerning local area incomes, there is still a lag between when the data are collected and when the data are available for use. For example, FY 2026 Income Limits are calculated using.

HUD estimates Median Family Income (MFI) annually for each metropolitan area and non-metropolitan county. The basis for HUD’s median family incomes is data from the American Community Survey, table B19113 - MEDIAN FAMILY INCOME IN THE PAST 12 MONTHS. In the past, HUD has used the Consumer Price Index (CPI) forecast published by the Congressional Budget Office (CBO) to bring the ACS and PRCS data forward from the year of the ACS to the current fiscal year. However, starting in FY 2025, HUD began using an inflation factor based on the most recent projected change in national per capita wages published by the CBO in an attempt to improve the accuracy of its median family income estimates.

For additional details concerning the use of the ACS in HUD’s calculations of MFI, please see HUD’s FY 2026 Median Family Income methodology document,
at https://www.huduser.gov/portal/datasets/il/il26/Medians-Methodology-FY26.pdf Additionally, full documentation of all calculations for Median Family Incomes are available in the FY 2026 Median Family Income and the FY 2026 Income Limits Documentation System. These systems are available https://www.huduser.gov/datasets/il/il2026
2026 State Income Limits Briefing Materials
California Code of Regulations, Title 25, Section 6932

Page 6 of 6 ends

Why didn’t the income limits for my county change from last year? HCD’s Hold Harmless Policy likely prevented the income limits from decreasing from last year’s levels and has maintained them despite a decrease in median income and/or income limits published by HUD.

Why do the income limits or area median income for my county not match what was published by HUD?
HCD adjusts each county’s area median income to at least equal the state non-metropolitan county median income, as published by HUD. Further, HCD’s Hold Harmless Policy prevents any decrease in income limits or median family income published by HUD to be applied to State Income Limits.

Section 6932. 2026 Income Limits
Number of Persons in Household: 1 2 3 4 5 6 7 8
Income Category
Acutely Low 17100 19500 21950 24400 26350 28300 30250 32200 Extremely Low 35650 40750 45850 50900 55000 59050 63150 67200 Very Low Income 59400 67900 76400 84850 91650 98450 105250 112050 Low Income 95050 108600 122200 135750 146650 157500 168350 179200 Median Income 113950 130250 146500 162800 175800 188850 201850 214900 Moderate Income 136750 156300 175800 195350 211000 226600 242250 257850 Acutely Low 13600 15550 17500 19450 21000 22550 24100 25650 Extremely Low 26250 30000 33750 37450 40450 44360 50040 55720 Very Low Income 43700 49950 56200 62400 67400 72400 77400 82400 Low Income 69900 79900 89900 99850 107850 115850 123850 131850 Median Income 90650 103600 116550 129500 139850 150200 160600 170950 Moderate Income 108800 124300 139850 155400 167850 180250 192700 205150 Acutely Low 11600 13300 14950 16600 17950 19250 20600 21900 Extremely Low 23250 26550 29850 33150 38680 44360 50040 55720 Very Low Income 38700 44200 49750 55250 59700 64100 68550 72950 Low Income 61900 70750 79600 88400 95500 102550 109650 116700 Median Income 77350 88400 99450 110500 119350 128200 137000 145850 Moderate Income 92800 106100 119350 132600 143200 153800 164400 175050 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10800 12300 13850 15400 16650 17850 19100 20350 Extremely Low 21600 24650 27750 33000 38680 44360 50040 55720 Very Low Income 35950 41050 46200 51300 55450 59550 63650 67750 Low Income 57500 65700 73900 82100 88700 95250 101850 108400 Median Income 71800 82100 92350 102600 110800 119000 127200 135450 Moderate Income 86150 98500 110800 123100 132950 142800 152650 162500 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 17100 19500 21950 24400 26350 28300 30250 32200 Extremely Low 35650 40750 45850 50900 55000 59050 63150 67200 Very Low Income 59400 67900 76400 84850 91650 98450 105250 112050 Low Income 95050 108600 122200 135750 146650 157500 168350 179200 Median Income 113950 130250 146500 162800 175800 188850 201850 214900 Moderate Income 136750 156300 175800 195350 211000 226600 242250 257850 Calaveras County
Area Median Income:
$102,600
Colusa County
Area Median Income:
$97,100
Contra Costa County
Area Median Income:
$162,800
Last page instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent Alameda County
Area Median Income:
$162,800
Alpine County
Area Median Income:
$129,500
Amador County
Area Median Income:
$110,500
Butte County
Area Median Income:
$97,100
Number of Persons in Household: 1 2 3 4 5 6 7 8
Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 13000 14900 16750 18600 20100 21600 23050 24550 Extremely Low 27600 31550 35500 39400 42600 45750 50040 55720 Very Low Income 46000 52600 59150 65700 71000 76250 81500 86750 Low Income 73600 84100 94600 105100 113550 121950 130350 138750 Median Income 86800 99200 111600 124000 133900 143850 153750 163700 Moderate Income 104150 119050 133900 148800 160700 172600 184500 196400 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10200 11700 13150 14600 15750 16950 18100 19250 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 68050 77750 87500 97200 105000 112750 120550 128300 Moderate Income 81650 93300 105000 116650 126000 135300 144650 154000 Fresno County
Area Median Income:
$97,100
Glenn County
Area Median Income:
$97,100
Humboldt County
Area Median Income:
$97,100
Imperial County
Area Median Income:
$97,100
Inyo County
Area Median Income:
$97,200
Del Norte County
Area Median Income:
$97,100
El Dorado County
Area Median Income:
$124,000
Number of Persons in Household: 1 2 3 4 5 6 7 8
Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 11350 12950 14600 16200 17500 18800 20100 21400 Extremely Low 35000 40000 45000 50000 54000 58000 62000 66000 Very Low Income 58300 66650 74950 83300 89950 96600 103250 110000 Low Income 93300 106600 119950 133250 143900 154600 165250 175900 Median Income 75650 86500 97300 108100 116750 125400 134050 142700 Moderate Income 90800 103750 116750 129700 140100 150450 160850 171200 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 21050 24100 27100 30100 32500 34900 37300 39750 Extremely Low 44150 50450 56750 63050 68100 73150 78200 83250 Very Low Income 73550 84050 94550 105050 113500 121900 130300 138700 Low Income 117700 134500 151300 168100 181550 195000 208450 221900 Median Income 140550 160650 180700 200800 216850 232950 249000 265050 Moderate Income 168650 192750 216850 240950 260250 279500 298800 318050 Madera County
Area Median Income:
$97,100
Marin County
Area Median Income:
$200,800
Kern County
Area Median Income:
$97,100
Kings County
Area Median Income:
$97,100
Lake County
Area Median Income:
$97,100
Lassen County
Area Median Income:
$97,100
Los Angeles County
Area Median Income:
$108,100
Number of Persons in Household: 1 2 3 4 5 6 7 8
Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10400 11900 13350 14850 16050 17250 18400 19600 Extremely Low 21000 24000 27320 33000 38680 44360 50040 55720 Very Low Income 34950 39950 44950 49900 53900 57900 61900 65900 Low Income 55900 63900 71900 79850 86250 92650 99050 105450 Median Income 69350 79300 89200 99100 107050 114950 122900 130800 Moderate Income 83250 95100 107000 118900 128400 137900 147450 156950 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 12650 14450 16250 18050 19500 20950 22400 23850 Extremely Low 23600 27000 30350 33700 38680 44360 50040 55720 Very Low Income 39250 44900 50450 56150 60600 65100 69600 74050 Low Income 62900 71900 80900 89850 97050 104250 111450 118600 Median Income 84300 96300 108350 120400 130050 139650 149300 158950 Moderate Income 101150 115600 130050 144500 156050 167600 179200 190750 Acutely Low 11600 13300 14950 16600 17950 19250 20600 21900 Extremely Low 32850 37550 42250 46900 50700 54450 58200 61950 Very Low Income 54750 62600 70400 78200 84500 90750 97000 103250 Low Income 87600 100100 112600 125100 135150 145150 155150 165150 Median Income 77350 88400 99450 110500 119350 128200 137000 145850 Moderate Income 92800 106100 119350 132600 143200 153800 164400 175050 Acutely Low 17350 19850 22300 24800 26800 28750 30750 32750 Extremely Low 37050 42350 47650 52900 57150 61400 65600 69850 Very Low Income 61700 70500 79350 88150 95250 102300 109300 116350 Low Income 98700 112800 126850 140950 152250 163550 174800 186100 Median Income 115800 132300 148850 165400 178650 191850 205100 218350 Moderate Income 138950 158800 178650 198500 214400 230250 246150 262000 Modoc County
Area Median Income:
$97,100
Mono County
Area Median Income:
$120,400
Mariposa County
Area Median Income:
$97,100
Mendocino County
Area Median Income:
$99,100
Merced County
Area Median Income:
$97,100
Monterey County
Area Median Income:
$110,500
Napa County
Area Median Income:
$165,400
Number of Persons in Household: 1 2 3 4 5 6 7 8
Acutely Low 14750 16850 18950 21050 22750 24400 26100 27800 Extremely Low 26300 30050 33800 37550 40600 44360 50040 55720 Very Low Income 43800 50050 56300 62550 67550 72600 77600 82600 Low Income 70050 80050 90050 100100 108100 116150 124100 132150 Median Income 98300 112300 126350 140400 151650 162850 174100 185350 Moderate Income 117950 134800 151650 168500 182000 195450 208950 222400 Acutely Low 14550 16650 18700 20800 22450 24150 25800 27450 Extremely Low 39100 44700 50300 55850 60350 64800 69300 73750 Very Low Income 65150 74450 83750 93050 100500 107950 115400 122850 Low Income 104200 119100 134000 148850 160800 172700 184600 196500 Median Income 97000 110900 124750 138600 149700 160800 171850 182950 Moderate Income 116400 133050 149650 166300 179600 192900 206200 219500 Acutely Low 13000 14900 16750 18600 20100 21600 23050 24550 Extremely Low 27600 31550 35500 39400 42600 45750 50040 55720 Very Low Income 46000 52600 59150 65700 71000 76250 81500 86750 Low Income 73600 84100 94600 105100 113550 121950 130350 138750 Median Income 86800 99200 111600 124000 133900 143850 153750 163700 Moderate Income 104150 119050 133900 148800 160700 172600 184500 196400 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 11200 12800 14400 16000 17300 18550 19850 21100 Extremely Low 25850 29550 33250 36900 39900 44360 50040 55720 Very Low Income 43050 49200 55350 61500 66450 71350 76300 81200 Low Income 68900 78750 88600 98400 106300 114150 122050 129900 Median Income 74550 85200 95850 106500 115000 123550 132050 140600 Moderate Income 89450 102250 115000 127800 138000 148250 158450 168700 Acutely Low 13000 14900 16750 18600 20100 21600 23050 24550 Extremely Low 27600 31550 35500 39400 42600 45750 50040 55720 Very Low Income 46000 52600 59150 65700 71000 76250 81500 86750 Low Income 73600 84100 94600 105100 113550 121950 130350 138750 Median Income 86800 99200 111600 124000 133900 143850 153750 163700 Moderate Income 104150 119050 133900 148800 160700 172600 184500 196400 Acutely Low 14750 16850 18950 21050 22750 24400 26100 27800 Extremely Low 30850 35250 39650 44050 47600 51100 54650 58150 Very Low Income 51450 58750 66150 73450 79350 85250 91100 97000 Low Income 82350 94100 105850 117600 127050 136450 145850 155250 Median Income 98150 112150 126200 140200 151400 162650 173850 185050 Moderate Income 117750 134600 151450 168250 181700 195150 208650 222100 Nevada County
Area Median Income:
$140,400
Orange County
Area Median Income:
$138,600
Placer County
Area Median Income:
$124,000
Plumas County
Area Median Income:
$97,100
Riverside County
Area Median Income:
$106,500
Sacramento County
Area Median Income:
$124,000
San Benito County
Area Median Income:
$140,200
Number of Persons in Household: 1 2 3 4 5 6 7 8
Acutely Low 11200 12800 14400 16000 17300 18550 19850 21100 Extremely Low 25850 29550 33250 36900 39900 44360 50040 55720 Very Low Income 43050 49200 55350 61500 66450 71350 76300 81200 Low Income 68900 78750 88600 98400 106300 114150 122050 129900 Median Income 74550 85200 95850 106500 115000 123550 132050 140600 Moderate Income 89450 102250 115000 127800 138000 148250 158450 168700 Acutely Low 13750 15700 17700 19650 21200 22800 24350 25950 Extremely Low 36750 42000 47250 52450 56650 60850 65050 69250 Very Low Income 61250 70000 78750 87450 94450 101450 108450 115450 Low Income 97950 111950 125950 139900 151100 162300 173500 184700 Median Income 91650 104700 117800 130900 141350 151850 162300 172800 Moderate Income 109950 125700 141400 157100 169650 182250 194800 207350 Acutely Low 21050 24100 27100 30100 32500 34900 37300 39750 Extremely Low 44150 50450 56750 63050 68100 73150 78200 83250 Very Low Income 73550 84050 94550 105050 113500 121900 130300 138700 Low Income 117700 134500 151300 168100 181550 195000 208450 221900 Median Income 140550 160650 180700 200800 216850 232950 249000 265050 Moderate Income 168650 192750 216850 240950 260250 279500 298800 318050 Acutely Low 11350 12950 14600 16200 17500 18800 20100 21400 Extremely Low 22750 26000 29250 33000 38680 44360 50040 55720 Very Low Income 37850 43250 48650 54050 58400 62700 67050 71350 Low Income 60550 69200 77850 86500 93450 100350 107300 114200 Median Income 75650 86500 97300 108100 116750 125400 134050 142700 Moderate Income 90800 103750 116750 129700 140100 150450 160850 171200 Acutely Low 13600 15550 17500 19450 21000 22550 24100 25650 Extremely Low 32100 36700 41300 45850 49550 53200 56900 60550 Very Low Income 53500 61150 68800 76450 82550 88700 94800 100900 Low Income 85700 97950 110200 122400 132200 142000 151800 161600 Median Income 90700 103700 116650 129600 139950 150350 160700 171050 Moderate Income 108850 124400 139950 155500 167950 180400 192800 205250 Acutely Low 21050 24100 27100 30100 32500 34900 37300 39750 Extremely Low 44150 50450 56750 63050 68100 73150 78200 83250 Very Low Income 73550 84050 94550 105050 113500 121900 130300 138700 Low Income 117700 134500 151300 168100 181550 195000 208450 221900 Median Income 140550 160650 180700 200800 216850 232950 249000 265050 Moderate Income 168650 192750 216850 240950 260250 279500 298800 318050 Acutely Low 12500 14300 16050 17850 19300 20700 22150 23550 Extremely Low 38300 43750 49200 54650 59050 63400 67800 72150 Very Low Income 63750 72850 81950 91050 98350 105650 112950 120200 Low Income 102000 116600 131150 145700 157400 169050 180700 192350 Median Income 83350 95300 107200 119100 128650 138150 147700 157200 Moderate Income 100050 114300 128600 142900 154350 165750 177200 188650 San Bernardino County
Area Median Income:
$106,500
San Diego County
Area Median Income:
$130,900
San Francisco County
Area Median Income:
$200,800
San Joaquin County
Area Median Income:
$108,100
San Luis Obispo County
Area Median Income:
$129,600
San Mateo County
Area Median Income:
$200,800
Santa Barbara County
Area Median Income:
$119,100
Number of Persons in Household: 1 2 3 4 5 6 7 8
Acutely Low 21600 24700 27750 30850 33300 35800 38250 40700 Extremely Low 43200 49350 55500 61650 66600 71550 76450 81400 Very Low Income 71950 82200 92500 102750 111000 119200 127450 135650 Low Income 113700 129950 146200 162400 175400 188400 201400 214400 Median Income 143850 164400 184950 205500 221950 238400 254800 271250 Moderate Income 172600 197300 221950 246600 266350 286050 305800 325500 Acutely Low 14400 16500 18550 20600 22250 23900 25550 27200 Extremely Low 45700 52200 58750 65250 70500 75700 80950 86150 Very Low Income 76150 87000 97900 108750 117450 126150 134850 143550 Low Income 122200 139650 157100 174550 188500 202500 216450 230450 Median Income 96050 109750 123500 137200 148200 159150 170150 181100 Moderate Income 115250 131700 148200 164650 177800 191000 204150 217350 Acutely Low 10700 12200 13750 15250 16450 17700 18900 20150 Extremely Low 20450 23400 27320 33000 38680 44360 50040 55720 Very Low Income 34050 38900 43800 48650 52550 56450 60350 64250 Low Income 54500 62300 70100 77850 84100 90350 96550 102800 Median Income 71250 81450 91600 101800 109950 118100 126250 134400 Moderate Income 85500 97700 109950 122150 131900 141700 151450 161250 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 13100 14950 16850 18700 20200 21700 23200 24700 Extremely Low 28850 33000 37100 41200 44500 47800 51100 55720 Very Low Income 48100 54950 61850 68700 74200 79700 85200 90700 Low Income 76950 87950 98950 109900 118700 127500 136300 145100 Median Income 87200 99700 112150 124600 134550 144550 154500 164450 Moderate Income 104650 119600 134550 149500 161450 173400 185400 197350 Acutely Low 14000 16000 18000 20000 21600 23200 24800 26400 Extremely Low 34650 39600 44550 49450 53450 57400 61350 65300 Very Low Income 57700 65950 74200 82400 89000 95600 102200 108800 Low Income 92300 105500 118700 131850 142400 152950 163500 174050 Median Income 93400 106700 120050 133400 144050 154750 165400 176100 Moderate Income 112050 128100 144100 160100 172900 185700 198500 211350 Santa Clara County
Area Median Income:
$205,500
Santa Cruz County
Area Median Income:
$137,200
Shasta County
Area Median Income:
$101,800
Sierra County
Area Median Income:
$97,100
Siskiyou County
Area Median Income:
$97,100
Solano County
Area Median Income:
$124,600
Sonoma County
Area Median Income:
$133,400
Number of Persons in Household: 1 2 3 4 5 6 7 8
Acutely Low 10350 11850 13300 14800 16000 17150 18350 19550 Extremely Low 21550 24600 27700 33000 38680 44360 50040 55720 Very Low Income 35900 41000 46150 51250 55350 59450 63550 67650 Low Income 57400 65600 73800 82000 88600 95150 101700 108250 Median Income 68950 78800 88650 98500 106400 114250 122150 130000 Moderate Income 82750 94550 106400 118200 127650 137100 146550 156000 Acutely Low 10700 12250 13750 15300 16500 17750 18950 20200 Extremely Low 21400 24450 27500 33000 38680 44360 50040 55720 Very Low Income 35700 40800 45900 50950 55050 59150 63200 67300 Low Income 57050 65200 73350 81500 88050 94550 101100 107600 Median Income 71350 81500 91700 101900 110050 118200 126350 134500 Moderate Income 85600 97850 110050 122300 132100 141850 151650 161450 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10200 11650 13100 14550 15700 16900 18050 19200 Extremely Low 20450 23350 27320 33000 38680 44360 50040 55720 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54400 62200 69950 77700 83950 90150 96350 102600 Median Income 67950 77700 87400 97100 104850 112650 120400 128150 Moderate Income 81550 93200 104850 116500 125800 135150 144450 153800 Acutely Low 10750 12300 13800 15350 16600 17800 19050 20250 Extremely Low 21500 24550 27600 33000 38680 44360 50040 55720 Very Low Income 35800 40900 46000 51100 55200 59300 63400 67500 Low Income 57250 65400 73600 81750 88300 94850 101400 107950 Median Income 71550 81750 92000 102200 110400 118550 126750 134900 Moderate Income 85850 98100 110400 122650 132450 142250 152100 161900 Acutely Low 14250 16300 18300 20350 22000 23600 25250 26850 Extremely Low 33000 37700 42400 47100 50900 54650 58450 62200 Very Low Income 54950 62800 70650 78500 84800 91100 97350 103650 Low Income 87950 100500 113050 125600 135650 145700 155750 165800 Median Income 94900 108500 122050 135600 146450 157300 168150 179000 Moderate Income 113900 130150 146450 162700 175700 188750 201750 214750 Stanislaus County
Area Median Income:
$98,500
Sutter County
Area Median Income:
$101,900
Tehama County
Area Median Income:
$97,100
Trinity County
Area Median Income:
$97,100
Tulare County
Area Median Income:
$97,100
Tuolumne County
Area Median Income:
$102,200
Ventura County
Area Median Income:
$135,600
Number of Persons in Household: 1 2 3 4 5 6 7 8
Acutely Low 14300 16300 18350 20400 22050 23650 25300 26950 Extremely Low 27250 31150 35050 38900 42050 45150 50040 55720 Very Low Income 45400 51850 58350 64800 70000 75200 80400 85550 Low Income 72600 83000 93350 103700 112000 120300 128600 136900 Median Income 95150 108700 122300 135900 146750 157650 168500 179400 Moderate Income 114150 130500 146800 163100 176150 189200 202250 215300 Acutely Low 10700 12250 13750 15300 16500 17750 18950 20200 Extremely Low 21400 24450 27500 33000 38680 44360 50040 55720 Very Low Income 35700 40800 45900 50950 55050 59150 63200 67300 Low Income 57050 65200 73350 81500 88050 94550 101100 107600 Median Income 71350 81500 91700 101900 110050 118200 126350 134500 Moderate Income 85600 97850 110050 122300 132100 141850 151650 161450 Instructions:

Eligibility Determination:

Use household size income category figures in this chart. Determine eligibililty based on actual number of persons in household and total of gross income for all persons.

Determination of Income Limit for Households Larger than Eight Persons:

Per person (PP) adjustment above 8: (1) multiply 4-person income limit by eight percent (8%), (2) multiply result by number of persons in excess of eight, (3) add the amount to the 8-person income limit, and (4) round to the nearest $50.

E X A M P L E 4 persons 8% PP Adj + 8 persons=9 persons E X A M 4 persons 8 person + 8% Adj x 2 =10 persons Acutely Low 15,300 1224 20,200 21,400 15,300 20,200 2448 22,650 Extremely Low 33,000 2640 55,720 58,350 Extremely 33,000 55,720 5280 61,000 Very Low Income 50,950 4076 67,300 71,400 Very Low 50,950 67,300 8152 75,450 Lower Income 81,500 6520 107,600 114,100 Lower Inco 81,500 107,600 13040 120,650 Moderate Income 122,300 9784 161,450 171,250 Moderate 122,300 161,450 19568 181,000 Calculation of Housing Cost and Rent:

Refer to Heath & Safety Code Sections 50052.5 and 50053. Use benchmark household size and multiply against applicable percentages defined in H&SC using Area Median Income identified in this chart.

Determination of Household Size:

For projects with no federal assistance, household size is set at number of bedrooms in unit plus one.

For projects with federal assistance, household size may be set by multiplying 1.5 by the number of bedrooms in unit.
2026 HUD Income Limits release: 5/1/2026
HUD FY 2026 California median incomes:

State median income: $120,200
Metropolitan county median income: $120,900
Non-metropolitan county median income: $97,100
Note: Authority cited: Section 50093, Health and Safety Code. Reference: Sections 50063.5, 50079.5, 50093, 50105 and 50106, Health and Safety Code.

Nine Person Calculation - Example County Ten Person Calculation - Example County Yolo County
Area Median Income:
$135,900
Yuba County
Area Median Income:
$101,900
Previous versions are obsolete. 1 Form HUD-52667 (04/2023) U.S Department of Housing and
Urban Development
Office of Public and Indian Housing
OMB Approval No. 2577-0169
exp. 04/30/2026 Utility Allowance Schedule
See Public Reporting and Instructions on back.

The following allowances are used to determine the total cost of tenant-furnished utilities and appliances.

Locality/PHA Unit Type Date (mm/dd/yyyy)
Utility or Service Fuel Type 0 BR 1 BR 2 BR 3 BR 4 BR 5 BR Heating Natural Gas
Bottled Gas
Electric
Electric – Heat Pump
Fuel Oil
Other
Cooking Natural Gas
Bottled Gas
Electric
Other
Other Electric
Air Conditioning
Water Heating Natural Gas
Bottled Gas
Electric
Electric – Heat Pump
Fuel Oil
Water
Sewer
Trash Collection
Other – specify
Range/Microwave
Refrigerator
Actual Family Allowances – May be used by the family to compute allowance while searching for a unit.

Utility/Service/Appliance Allowance
Heating
Head of Household Name Cooking
Other Electric
Air Conditioning
Unit Address Water Heating
Water
Sewer
Trash Collection
Other
Number of Bedrooms Range/Microwave
Refrigerator
Total
Housing Authority of the County of Alameda Multi-Family (Attached) 7/1/2026 30 40 45 53 60 63 36 37 52 68 81 124 5 8 8 8 8 8 6 9 11 12 13 16 50 65 89 110 127 138 20 28 35 47 56 62 46 52 94 123 129 130 49 69 89 109 138 158 38 38 38 38 38 38 44 44 44 77 77 120 9 9 9 9 9 9 9 9 9 9 9 9
Previous versions are obsolete. 2 Form HUD-52667 (04/2023) PHAs must maintain a completed HUD Form-52667 Utility Allowance Schedule for each unit type that is typical in the PHA’s jurisdiction. The utility allowance schedule is based on the typical cost of utilities and services paid by energyconservation households that occupy housing of similar size and type in the same locality. In developing the schedule, the PHA must use normal patterns of consumption for the community as a whole and current utility rates.

This form includes the utilities that the PHA must consider: heating (space), cooking, other electric (e.g. lights, appliances, general usage), air conditioning (if the majority of housing units in the market provide centrally airconditioned units or there is appropriate wiring for tenant-installed air conditioners), water heating, water, sewer, trash, the cost to provide a range, and the cost to provide a refrigerator. This form includes several fuel types, however, the PHA is not required to have a utility allowance for every fuel type listed on the form. The PHA is only required to have an allowance for the fuel types that are typical in the PHA’s jurisdiction.

Electric resistance vs. electric heat pump: The most recent update to the HUD-52667 includes “Electric Heat Pump” as a fuel type under “Heating” and “Water Heating”. PHAs may choose to provide an allowance on the schedule for electric (resistance), electric heat pump, or both. Heat pumps are more efficient and are associated with lower consumption. By adding this to the form, HUD is not requiring PHAs to consider both. This is up to the PHA, however, the HUD Utility Schedule Model tool available on HUDUser.gov provides an allowance for both electric resistance and electric heat pump.

Determining Allowances: In general, PHAs use local sources of information on the cost of utilities and services, such as:

1. Electric utility suppliers

2. Natural gas utility suppliers

3. Water and sewer suppliers

4. Fuel oil and bottled gas suppliers

5. Public service commissions

6. Real estate and property management firms

7. State and local agencies

8. Appliance sales and leasing firms
PHAs may use the HUD Utility Schedule Model (HUSM) available on HUDuser.org to determine their Utility Allowance Schedules. The tool uses geographic-specific utility consumption rates combined with user entered data on utility rates to determine the overall monthly allowance.

OMB Burden Statement: The public reporting burden for this information collection is estimated to be up to 0.25 hours, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The information collected is required to determine the amount of utility allowance necessary to calculate the family’s tenant portion.

Assurances of confidentiality are not provided under this collection. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions to reduce this burden, to the Office of Public and Indian Housing, US. Department of Housing and Urban Development, Washington, DC 20410. HUD may not conduct and sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid control number.

Privacy Notice: The Department of Housing and Urban Development (HUD) is authorized to collect the information required on this form by Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f). The information collected specifies which utilities and appliances are to be supplied by the owner, and what utilities and appliances are to be supplied to the tenant. The Personally Identifiable Information (PII) data collected on this form are not stored or retrieved within a system of record.

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ADOPTING THE 2026/2027 HOUSING AFFORDABILITY TABLE PURSUANT TO THE AFFORDABLE HOUSING PROGRAM (ARTICLE 4 OF CHAPTER 5 OF THE

PLANNING REGULATIONS)
WHEREAS, the City’s Affordable Housing Program (“AHP”) was adopted in 1990 and is now codified as Article 4 of Chapter 5 of Title 9 of the City of Emeryville Planning Regulations; and
WHEREAS, prior to updates adopted in 2014, the AHP required that new residential and live-work developments of thirty or more units (rental or for-sale) have a set-aside of Below Market Rate (BMR) units; and
WHEREAS, the AHP now requires developers of new for-sale residential developments with ten or more units to set aside twenty percent of the units as affordable and restricted to moderate income households (“For-Sale Set Aside Units”); and WHEREAS, the AHP also requires developers of rental housing to pay an impact fee of $35,092 per unit or an in-lieu production requirement of eight percent of the units at the low-income level and four percent at the very low-income level (“Rental Set Aside Units”); and
WHEREAS, developers of For-Sale Set Aside Units and Rental Set Aside Units are required to enter into Affordability Agreements with the City of Emeryville to execute the requirements of the AHP, including the duration of the affordability covenants, the developer’s marketing requirements, the initial sales prices or rent levels as applicable, the designation of the Set Aside Units, and the required resale restriction documents; and WHEREAS, the sales prices or rent levels for each project subject to the AHP are determined in accordance with the definition of affordable housing cost found in state law at Section 50052.5 and Section 50053 of the California Health and Safety Code (the “Code”); and
WHEREAS, to implement the affordable housing cost requirements of the AHP, the City has prepared the 2026/2027 Housing Affordability Table in accordance with the requirements of Section 50052.5 and Section 50053 of the Code; now, therefore, be it RESOLVED, by the City Council of the City of Emeryville that the City Council hereby adopts the 2026/2027 Housing Affordability Table attached hereto as Exhibit A.

Resolution No. _____
2026/2027 Housing Affordability Table
City Council Meeting | July 7, 2026

Page 2 of 2 ends

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held July 7, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK SPECIAL COUNSEL

ATTACHMENTS
▪ Exhibit A – 2026/2027 Housing Affordability Table
▪

MAXIMUM INCOME LIMITS
Household Size 1 person 2 person 3 person 4 person 5 person 6 personModerate Income (120%) $136,750 $156,300 $175,800 $195,350 $211,000 $226,600Median Income (100%) $113,950 $130,250 $146,500 $162,800 $175,800 $188,850Low Income (80%) $95,050 $108,600 $122,200 $135,750 $146,650 $157,500Very Low Income (50%) $59,400 $67,900 $76,400 $84,850 $91,650 $98,450Extremely Low (30%) $35,650 $40,750 $45,850 $50,900 $63,150 $67,200ESTIMATED MAXIMUM RESALE PRICEUnit Type Studio 1 Bedroom 2 Bed/ Equivalent**
3 Bedroom 4 Bedroom
Moderate Income (120%) $333,580 $378,553 $483,946 $538,120 NA Median Income (100%) $238,012 $265,845 $344,436 $383,088 NALow Income (80%) $154,018 $172,336 $196,720 $218,936 NAMAXIMUM MONTHLY GROSS RENTAL RATEUnit Type Studio 1 Bedroom 2 Bed / Equivalent**
3 Bedroom 4 Bedroom
Moderate Income (120%) $3,134 $3,582 $4,029 $4,477 N/ALow Income (80%) $1,709 $1,954 $2,198 $2,442 N/AVery-Low Income (50%) $1,424 $1,628 $1,831 $2,035 N/AExtremely Low Income (30%) $855 $977 $1,099 $1,221 N/A* The maximum sales prices and rents allowed pursuant to the City's Affordable Housing Program are based on the housing affordability definitions found in the California Health and Safety Code at Section 50052.5 and 50053. These are to be considered maximum amounts and do not take into account market conditions that may limit actual sales and rent values.** 2 Bedroom/Equivalent includes units with two bedrooms or units with 1 bedroom and a bonus area. To confirm if a unit is classified as a 2 bedroom equivalent, plesae contact the Owner or the City.

Note: Gross rent includes the total of monthly payments for a rental including a reasonable allowance for utilities, provided by the Housing Authority of Alameda County, and any required service charges or fees charged to tenants. Utility allowance and required charges/fees must be deducted from rents shown below.Note: Maximum Sales Prices are calculated on a per unit basis, based on the average 90- day fixed 30-YR mortgage interest rate and the actual HOA fees charged to the unit. Maximum Sale Prices identified abelow is for illustrative purposes only. To confirm the maximum Resale Price of a specific BMR Unit, contact [email protected].

City of Emeryville

C A L I F O R N I A

HOUSING AFFORDABILITY TABLE
MAXIMUM SALES PRICES AND RENTS*
2026/27 Program Year,
Adopted _____________2026, Effective July 1, 2026
Note: On June 12, 2026, the CA Housing and Community Development (HCD) released the income limits based on U.S. Department of Housing and Urban Development (HUD) revisions to the Public Housing and Section 8 Income Limits that HUD most recently released. The income limits reflected below are for Alameda County. For households of 6 or more, please contact [email protected].

Exhibit A
[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: July 7, 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

APPROVING THE ALAMEDA COUNTY TRANSPORTATION

COMMISSION MASTER PROGRAMS FUNDING AGREEMENT(S) FOR

MEASURE B, MEASURE BB, AND VEHICLE REGISTRATION FEE

DIRECT LOCAL DISTRIBUTION FUNDS

RECOMMENDATION
Staff recommends that the City Council approve the Alameda County Transportation Commission (ACTC) Master Programs Funding Agreement(s) for Measure B, Measure BB, and Vehicle Registration Fee Direct Local Distribution (DLD) funds.

Approval of both agreements will allow the City of Emeryville to continue receiving its direct local distribution allocations from ACTC without interruption.

BACKGROUND
Alameda County voters have approved several transportation revenue measures that provide ongoing local funding for transportation improvements and services.

In November 2000, Alameda County voters reauthorized Measure B, a half-cent transportation sales tax that supports local transportation programs throughout Alameda County. Measure B revenues continue to be distributed in accordance with the 2000 Transportation Expenditure Plan.

In November 2010, Alameda County voters approved Measure F, establishing the Vehicle Registration Fee (VRF) Program through a $10 annual vehicle registration fee to fund transportation improvements countywide.

In November 2014, Alameda County voters approved Measure BB, authorizing an additional transportation sales tax to augment existing transportation investments (Measure B) through March 31, 2045.

ACTC administers these programs and distributes eligible DLD revenues to local jurisdictions through Master Programs Funding Agreements (MPFAs). The City's current agreements expire on June 30, 2026.

ACTC Master Funding Agreements
City Council Meeting | July 7, 2026

Page 2 of 3 ends

DISCUSSION
Although both agreements govern ACTC DLD revenues, they address different voterapproved funding sources and serve distinct purposes.

The proposed 2026 Measure B Master Programs Funding Agreement governs the City's expenditure of Measure B DLD revenues. Measure B funds and supports four program categories: Bicycle and Pedestrian, Local Streets and Roads, Mass Transit, and Paratransit. The agreement updates implementation guidelines, performance measures, reporting requirements, and timely use of funds policies applicable to Measure B revenues and supersedes the City's existing Measure B agreement that expires on June 30, 2026. The agreement authorizes the City to expend its remaining Measure B DLD Program balance, which must be expended by June 30, 2027.

The proposed 2026 Measure BB/VRF Master Programs Funding Agreement governs the City's receipt and expenditure of Measure BB and VRF DLD revenues. Similar to the Measure B agreement, it establishes updated requirements related to eligible uses, annual compliance reporting, performance monitoring, and timely use of funds. This agreement applies to Measure BB Bicycle and Pedestrian, Local Streets and Roads, Mass Transit, and Paratransit programs, as well as VRF Local Streets and Roads allocations. The term of the agreement extends from July 1, 2026, through June 30, 2036, unless amended by the parties or superseded by a future agreement.

Approving both agreements will allow the City to continue to receive multiple local transportation funding allocations that support the City's Capital Improvement Program and transportation operations. These revenues provide funding for eligible activities including pavement rehabilitation, street maintenance, bicycle and pedestrian improvements, traffic safety projects, ADA accessibility upgrades, paratransit services, and other locally determined transportation priorities.

The agreements also require the City to continue annual compliance reporting to ACTC and maintain eligibility requirements, including adherence to Complete Streets policies, applicable planning requirements, and established performance measures. Measure BB Local Streets and Roads funds continue to require that a minimum of 15 percent of annual expenditures be directed toward bicycle and pedestrian improvements. Measure B does not include this specific expenditure requirement.

FISCAL IMPACT
Approval of the agreements will allow the City to continue receiving DLD revenues from three separate voter-approved transportation funding sources: Measure B, Measure BB, and the Vehicle Registration Fee Program. These revenues represent an important local funding source for transportation infrastructure and services and are incorporated into the City's ongoing capital and operating planning. Failure to execute either agreement could jeopardize the City's eligibility to receive allocations from the corresponding funding program.

Measure BB/VRF actual annual allocations are determined by ACTC in accordance with the applicable expenditure plans and allocation formulas and may vary from year to ACTC Master Funding Agreements
City Council Meeting | July 7, 2026

Page 3 of 3 ends

year based on factors such as population, roadway mileage, and registered vehicle counts.

Measure B will no longer expend funds after June 30, 2026. The Measure B agreement authorizes the City of Emeryville to expend its remaining Measure B DLD Program funds by June 30, 2027. The remaining fund balance summary is shown below:

Measure B DLD Program Fund Balance Summary
DLD Program Fund Balance
Bicycle and Pedestrian Program $121,999
Local Streets and Roads Program $210,409
Total $332,408

STAFF COMMUNICATION WITH THE PUBLIC
None.

CONFLICT OF INTEREST
None.

CONCLUSION
Staff recommends that the City Council approve the ACTC Master Program Funding Agreement(s) for Measure B, Measure BB, and Vehicle Registration Fee Direct Local Distribution funds.

PREPARED BY: Jeff Jelsma, Management Analyst, Public Works

ATTACHMENTS
▪ Draft Resolution
➢ Exhibit A - Alameda CTC Measure B Master Programs Funding Agreement ➢ Exhibit B - Alameda CTC Measure BBVRF Programs Funding Agreement RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPROVING

THE ALAMEDA COUNTY TRANSPORTATION COMMISSION MASTER PROGRAMS

FUNDING AGREEMENT(S) FOR MEASURE B, MEASURE BB, AND VEHICLE

REGISTRATION FEE DIRECT LOCAL DISTRIBUTION FUNDS
WHEREAS, voters approved the 20-year Measure B half-cent transportation sales tax in 2000; and
WHEREAS, voters approved Measure F, which authorizes a $10 Vehicle Registration Fee (VRF) in 2010; and
WHEREAS, voters approved the 2014 Transportation Expenditure Plan (Measure BB), a half-cent transportation sales tax on November 4, 2014 that extends the existing 2000 Measure B transportation sales tax, and augments it by a one-half percent to fund projects and programs in Alameda County; and
WHEREAS, the Alameda County Transportation Commission (ACTC) is responsible for dispersing Measure B, Measure BB, and VRF funds, known as Direct Local Distributions (DLD), to local jurisdictions by established formulas to support bicycle and pedestrian, local transportation (local streets and roads), transit and paratransit programs; and WHEREAS, on February 26, 2026, ACTC approved a combined ten-year Measure BB and VRF Master Programs Funding Agreement (MPFA) that specifies the requirements for the DLD funds, ACTC’s responsibilities, and the recipient’s responsibilities for revenues collected from July 1, 2026 through June 30, 2036; and WHEREAS, on February 26, 2026, ACTC approved a one-year Measure B MPFA that specifies the requirements for the DLD funds, ACTC’s responsibilities, and the recipient’s requirements pertaining to any remaining Measure B balances to be expended from July 1, 2026 to June 30, 2027; and
WHEREAS, the ten-year Measure BB/VRF MPFA and the one-year Measure B MPFA supersedes the prior master agreements related to Measure B, Measure BB, and VRF DLD funds, as of their effective date of July 1, 2026; and WHEREAS, implementation guidelines for each program are referenced in the MPFA to guide fund eligibility and expenditures; now, therefore, be it RESOLVED, by the City Council of the City of Emeryville approves the MPFA(s) attached to this resolution; and, be it, further
RESOLVED, by the City Council of the City of Emeryville by the City Council of the City of Emeryville and its agents shall comply with the ACTC MPFA(s); and, be it, further, RESOLVED, that the City Council of the City of Emeryville shall use Measure B, Measure BB, and/or Vehicle Registration Fee DLD funds for local transportation programs.

Resolution No. _____
Alameda CTC Master Funding Agreements
City Council Meeting | July 7, 2026

Page 2 of 2 ends

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held July 7, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK SPECIAL COUNSEL

ATTACHMENTS
▪ Exhibit A – Alameda CTC Measure B Master Programs Funding Agreement ▪ Exhibit B – Alameda CTC Measure BB/VRF Programs Funding Agreement Alameda CTC Agreement No. A26-0093

Page 1 of 7 ends

2026 MPFA

MEASURE B

MASTER PROGRAMS FUNDING AGREEMENT
between the

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF EMERYVILLE
This Measure B Master Programs Funding Agreement (“AGREEMENT”), effective the 1st of July 1, 2026, is entered into by and between the Alameda County Transportation Commission (“ALAMEDA CTC”) and the City of Emeryville (“RECIPIENT”).

RECITALS
A. On November 7, 2000, the voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved the reauthorization of Measure B, thereby authorizing Alameda County Transportation Improvement Authority (“ACTIA”) to administer the proceeds from a continued one-half cent transaction and use tax (“Measure B”).

B. The Measure B sales tax was collected for a period of 20 years from April 1, 2002, through March 31, 2022. The tax proceeds must be used to pay for the programs and projects outlined in Alameda County’s 20-Year Transportation Expenditure Plan (the “Measure B Expenditure Plan”), as it may be amended.

C. On June 24, 2010, ACTIA and ACCMA took the final actions to create ALAMEDA CTC, a joint powers authority, with all of ACTIA and ACCMA’s functions and responsibilities. Pursuant to resolutions adopted by the ACCMA and ACTIA Boards and the governing body of the ALAMEDA CTC (“COMMISSION”), ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC, including duties related to the Measure B Program.

D. This AGREEMENT delineates the requirements of the Measure B Direct Local Distribution (“DLD”) funds that have been directly allocated to local jurisdictions and transit operators, as authorized by the Measure B Expenditure Plan. Discretionary funds identified in this expenditure plan are not the subject of this AGREEMENT, and RECIPIENT will be required to enter into a separate agreement for those funds.

E. RECIPIENT’s Measure B Audited Financial Statement for Fiscal Year Ended June 30, 2025 reports a Measure B DLD fund balance of $332,408.

F. The parties to this AGREEMENT previously entered into a Master Programs Funding Agreement applicable to DLD funds distributed by ALAMEDA CTC, which expires as of June 30, 2026 (“ORIGINAL AGREEMENT”). The parties have determined that it is appropriate to enter into a new agreement rather than extending the ORIGINAL AGREEMENT, in part because the ORIGINAL AGREEMENT governed separate ALAMEDA CTC funds which will be distributed for many years after the deadline for Alameda CTC Agreement No. A26-0093

Page 2 of 7 ends

2026 MPFA
expenditure of the funds governed by this AGREEMENT, and those funds shall now be governed by a separate agreement between the parties.

G. Notwithstanding anything to the contrary in the ORIGINAL AGREEMENT, RECIPIENT is granted until June 30, 2027 to expend its remaining Measure B DLD Balance, pursuant to action taken on February 26, 2026 by the COMMISSION to complete the closeout of the RECIPIENT’s Measure B DLD program.

This AGREEMENT was originally approved by the COMMISSION on February 26, 2026.

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

ARTICLE I: MEASURE B DLD PROGRAM FUND BALANCE

1. This AGREEMENT shall be effective as of July 1, 2026. The ORIGINAL AGREEMENT shall govern and control all expenditures of DLD distributions made on or before June 30, 2026. There will no further distributions of DLD funds from Measure B after such effective date.

2. This AGREEMENT authorizes RECIPIENT to expend its remaining Measure B DLD Program balance as stated in RECIPIENT’s Measure B Audited Financial Statement for Fiscal Year Ended June 30, 2025 as summarized in Table A: DLD Program Fund Balance Summary.

Table A: DLD Program Fund Balance Summary
DLD Program Fund Balance
Bicycle and Pedestrian Program $121,999
Local Streets and Roads Program $210,409
Total $332,408

3. The Measure B DLD Program Fund Balance must be expended fully by June 30, 2027. Any portion of such Fund Balance which is not expended by that date shall revert to ALAMEDA CTC.

4. The Measure B DLD Program funds must be used in accordance with the applicable Bicycle and Pedestrian Program Implementation Guidelines, Local Streets and Roads Program Implementation Guidelines, Mass Transit Program Implementation Guidelines, and Paratransit Program Implementation Guidelines, which define eligibility and fund usage guidelines, definitions, additional requirements, and guideline adoption details. Said guidelines are hereby incorporated into this AGREEMENT by reference.

ARTICLE II: PAYMENTS AND EXPENDITURES
A. ALAMEDA CTC’S DUTIES AND OBLIGATIONS

1. ALAMEDA CTC shall provide for an independent annual audit of its financial statements including revenues and expenditures and render an annual report to the COMMISSION within 180 days following the close of the fiscal year.

Alameda CTC Agreement No. A26-0093

Page 3 of 7 ends

2026 MPFA

2. ALAMEDA CTC shall provide timely notice to RECIPIENT prior to conducting an audit of expenditures made by RECIPIENT to determine whether such expenditures are in compliance with this AGREEMENT and the Measure B Expenditure Plan.

B. RECIPIENT’S DUTIES AND OBLIGATIONS

1. RECIPIENT shall expend all Measure B funds received in compliance with the applicable guidelines and the Measure B Expenditure Plan, including the Implementation Guidelines and performance measures, as they may be adopted or amended by ALAMEDA CTC from time to time.

2. RECIPIENT shall maintain an appropriate system of accounts in accordance with GAAP to report on Measure B funds received and expended. RECIPIENT must account for Measure B funds, including any interest received or accrued, separately for each fund type, and from any other funds received from ALAMEDA CTC. The accounting system shall provide adequate internal controls and audit trails to facilitate an unmodified annual financial and compliance audit for each fund type and the respective usage and application of said funds. ALAMEDA CTC and its representatives, agents and nominees shall have the absolute right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law.

3. RECIPIENT shall establish and maintain systems, such as policies and procedures, to ensure that Measure B DLD funds are used exclusively for eligible transportation purposes.

4. RECIPIENT shall expend Measure B funds in compliance with the Timely Use of Funds Policies for Direct Local Distributions, as approved by the COMMISSION, and as they may be adopted or amended by ALAMEDA CTC from time to time.

C. OTHER EXPENDITURE RESTRICTIONS

1. Transportation Purposes Only: RECIPIENT shall use all Measure B funds solely for transportation purposes as defined by the authorizing ballot measure. Any jurisdiction that violates this provision must fully reimburse all misspent funds, including all interest which would have been earned thereon.

2. Non-Substitution of Funds: RECIPIENT shall use Measure B funds to supplement and not replace existing local revenues used for transportation purposes.

3. Fund Exchange: Any fund exchanges made using Measure B funds must be made for transportation purposes. ALAMEDA CTC will consider exchange proposals on a case-by-case basis.

4. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with Measure B, including direct staff costs and consultant costs, are eligible uses of Measure B funds. ALAMEDA CTC does not allow indirect costs, unless the RECIPIENT submits an independently audited/approved Indirect Cost Allocation Plan.

Alameda CTC Agreement No. A26-0093

Page 4 of 7 ends

2026 MPFA
ARTICLE III: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, ALAMEDA CTC may rescind Measure B funds from the RECIPIENT until full compliance is achieved.

1. RECIPIENT shall, by December 31st of each year, submit to ALAMEDA CTC, at the RECIPIENT’s expense, separate independently audited financial statements for the prior fiscal year ended June 30 of Measure B funds received and used.

2. RECIPIENT shall, by December 31st of each year, submit to ALAMEDA CTC, at the RECIPIENT’s expense, annual program compliance reports regarding programs and projects on which RECIPIENT expended Measure B funds.

3. RECIPIENT shall document expenditure activities and report on the performance of Measure B funded activities through the annual program compliance reporting process, or through other ALAMEDA CTC performance and reporting processes as they may be requested, including but not limited to the annual performance report, annual program plan, planning monitoring reports. Program Performance Measures are attached hereto as Exhibit A.

4. RECIPIENT shall install or mount signage adjacent to Measure B funded construction projects, and on vehicles funded with Measure B funds (e.g., RECIPIENT and ALAMEDA CTC logos; “Your Transportation Tax Dollars Help Fund the Operation of This Vehicle!”) where practical, so Alameda County taxpayers are informed as to how RECIPIENT is using Measure B funds.

5. RECIPIENT shall provide current information on RECIPIENT’s website, to inform the public about how RECIPIENT is using Measure B funds.

6. RECIPIENT shall actively participate in a Public Awareness Program, in partnership with ALAMEDA CTC and/or its community advisory committees, as a means of ensuring that the public has access to the ability to know which projects and programs are funded through Measure B funds.

7. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT’s receipt, usage, and/or compliance audit findings regarding Measure B funds before the COMMISSION and/or the Independent Watchdog Committee or community advisory committees, as applicable.

8. RECIPIENT agrees that ALAMEDA CTC may review and/or evaluate all project(s) or program(s) funded pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of ALAMEDA CTC to observe RECIPIENT’s project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT’s staff or governing board.

ARTICLE IV: OTHER PROVISIONS
Alameda CTC Agreement No. A26-0093

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2026 MPFA
A. INDEMNITY BY RECIPIENT
Neither ALAMEDA CTC, nor the COMMISSION, any officer, consultant, agent, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Measure B funds distributed to RECIPIENT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, RECIPIENT shall fully defend, indemnify and hold harmless ALAMEDA CTC, the COMMISSION, and all its officers, agents, and employees, from any liability imposed on ALAMEDA CTC for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Measure B funds distributed to RECIPIENT pursuant to this AGREEMENT.

C. INDEMNITY BY ALAMEDA CTC
Neither RECIPIENT, nor its governing body, elected officials, any officer, consultant, agent, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, indemnify, and hold harmless RECIPIENT, and its governing body, elected officials, all its officers, agents, and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT.

D. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Alameda County, California and the parties hereto hereby waive inconvenience of forum as an objection or defense to such venue.

E. ATTORNEYS’ FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorneys’ fees from the other party.

F. TERM
The term of this AGREEMENT shall be from July 1, 2026 to December 31, 2027, unless amended or terminated in writing.

G. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction or, if applicable, an arbitrator, to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, Alameda CTC Agreement No. A26-0093

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2026 MPFA
but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.

H. MODIFICATION
This AGREEMENT, and its Exhibits, as well as the referenced Implementation Guidelines, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings regarding Measure B program funds (but not project funding agreements), including but not limited to the ORIGINAL AGREEMENT, which is terminated as of the effective date hereof. This AGREEMENT may only be changed by a written amendment executed by both parties. Notwithstanding the foregoing, the Implementation Guidelines, Performance Measures, and Timely Use of Funds Policies related to Measure B funds may be changed from time to time by ALAMEDA CTC.

[Signatures on next page]
Alameda CTC Agreement No. A26-0093

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2026 MPFA
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.

CITY OF EMERYVILLE
(RECIPIENT)

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

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

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

By:

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

By: By:

John Kennedy Date
City Attorney
Legal Counsel to CITY OF EMERYVILLE
Fennemore LLP Date
Legal Counsel to ALAMEDA CTC
E-SIGNED by John Kennedy
on 2026-06-16 21:00:44 GMT
Alameda CTC Agreement No. A26-0093
Exhibit A – Page 1 2026 MPFA

EXHIBIT A

DIRECT LOCAL DISTRIBUTION PROGRAM

PERFORMANCE MESASURES
Direct Local Distribution (DLD) recipients are to document the performance and benefits of the projects and programs funded with Measure funds. The following performance measures are a selection of performance measures and associated standards, organized by funding program, that must be documented at minimum by DLD recipients as applicable. Additional performance measures may be requested by Alameda CTC.

Performance reporting and monitoring will be done through Alameda CTC’s standard reporting processes, including the Annual Program Compliance Reports and various planning activities, as requested and applicable. Alameda CTC’s performance reporting will concentrate on key indicators at the time of reporting.

BICYCLE AND PEDESTRIAN PROGRAM

PERFORMANCE MEASURES
Performance
Measure
Performance Metrics & Standards Evaluation
Frequency &
Method
Corrective Action
Infrastructure
Investment
Report on bicycle and
pedestrian projects
completed or
underway.

Directional lane miles of all bicycle facilities built or improved (may include bike lanes, bike routes, multi-use pathway improvements).

Linear feet of all pedestrian improvements built or improved (may include sidewalks, trails/pathways).

Number of all intersections or midblock bicycle/pedestrian crossing locations improved (may include locations that received crossing improvements, curb/ADA ramps, bicycle protection elements, daylighting, traffic calming elements, lighting, etc.).

Annually via
Compliance
Report
N/A; Report on
investments
Safety Investments
Report on bicycle and
pedestrian investments
located on countywide
priority networks:
- High Injury
Network (HIN)
Proactive Safety
Network (PSN)
- Countywide
Bikeways
Network (CBN)
Directional lane miles of bicycle facilities built or improved to an All Ages and Abilities (AAA) standard on the Alameda CTC-adopted HIN, PSN and/or CBN.

Linear feet of pedestrian improvements built or improved on the Alameda CTC-adopted HIN or PSN (may include sidewalks,
trails/pathways).

Number of intersections and/or midblock bicycle/pedestrian crossing locations improved on Alameda CTC-adopted HIN, PSN, or CBN (may include locations that received crossing improvements, curb/ADA ramps, bicycle protection elements, daylighting, traffic calming elements, lighting, etc.).

Annually via
Compliance
Report
N/A; Report on
investments
Current Master Plan
Maintain a local current
Bicycle/Pedestrian
Master Plan (BPMP) or
Active Transportation
Plan.

Plan(s) no more than 5 years old, based on adoption date. Annually via Compliance
Report
Any agency without a
current plan is required
to provide schedule for a
plan update.

Capital Project and
Program Investment
Report on capital and
program administration
costs
Investment into capital projects and programs is greater than program administration costs (outreach, staffing, administrative support).

Annually via
Compliance
Report
Any agency not
achieving this metric
must explain how capital
needs will be addressed
in the future.

Alameda CTC Agreement No. A26-0093
Exhibit A – Page 2 2026 MPFA
EXHIBIT A (cont.)
LOCAL TRANSPORTATION PROGRAM (Local Streets and Roads (LSR))

PERFORMANCE MEASURES
Performance Measure Performance Metrics & Standards Evaluation Frequency &
Method
Corrective Action
Infrastructure Investment
Report on roadway and
transportation improvements
completed or underway.

Lane miles of roadway improvements, pavement
rehabilitation, striping, etc.

Linear feet of all bicycle/pedestrian improvements built or improved (may include sidewalks, trails/pathways).

Number of all intersections or midblock
bicycle/pedestrian crossing locations improved (may
include locations that received crossing improvements,
curb/ADA ramps, bicycle protection elements,
daylighting, traffic calming elements, lighting, etc.).

Annually via
Compliance Report
N/A; Report on
investments
Safety Investments
Report on bicycle and pedestrian
investments located on
countywide priority networks:
- High Injury Network
(HIN) Proactive Safety
Network (PSN)
- Countywide Bikeways
Network (CBN)
Directional lane miles of bicycle facilities built or
improved to an All Ages and Abilities (AAA) standard on the Alameda CTC-adopted HIN, PSN and/or CBN.

Linear feet of pedestrian improvements built or
improved on the Alameda CTC-adopted HIN or PSN
(may include sidewalks, trails/pathways).

Number of intersections and/or midblock
bicycle/pedestrian crossing locations improved on
Alameda CTC-adopted HIN, PSN, or CBN (may include
locations that received crossing improvements,
curb/ADA ramps, bicycle protection elements,
daylighting, traffic calming elements, lighting, etc.).

Annually via
Compliance Report
N/A; Report on
investments
Pavement Condition Index
(PCI)
Maintain a PCI moving average rating of 60 or above.

Average PCI based on latest available data from MTC’s
Pavement Condition Index Summary Report.

Annually via
Compliance Report
Any agency not
achieving the target
must identify corrective
actions and future
investments to address
PCI levels.

Equitable Investments
Report on investments within
equity communities
Identify LSR investments toward maintaining and
improving roadways and transportation infrastructure, in equity communities as the areas are defined in:
- Equity Priority Communities as defined by
MTC
- Equity Areas as defined by Alameda CTC
- Locally-defined equity areas
- Opportunity Zones as certified by the U.S.

Department of the Treasury
Annually via
Compliance Report
N/A; Report on
investments
Measure BB LSR 15%
Requirement
Expenditure of LSR funds on
bicycle and pedestrian projects
elements (for Measure BB funds
only)
Maintain a 15% annual minimum LSR investment to
support bicycling and walking.

Annually via
Compliance Report
Any agency not
achieving the target
annual percentage must
explain and/or identify
plan to use LSR funds
on future
bicycle/pedestrian
improvements to meet
this target over the
duration of Measure BB.

Capital Project and Program
Investment
Report on capital and program
administration costs
Investment into capital projects and programs is greater than program administration costs (outreach, staffing,
administrative support).

Annually via
Compliance Report
Any agency not
achieving this metric
must explain how capital
needs will be addressed
in the future.

Alameda CTC Agreement No. A26-0093
Exhibit A – Page 3 2026 MPFA
EXHIBIT A (cont.)

MASS TRANSIT PROGRAM

PERFORMANCE MEASURES
Performance Measure Performance Metrics & Standards Evaluation Frequency &
Method
Corrective Action
Ridership/Service
Utilization
Annual Ridership (Unlinked
Passenger Trips)
Annual Unlinked Trips as reported to the National Transit Database (NTD).

Note: Latest fiscal year data is provided provisionally by transit operators and is subject to change. NTD regularly revises historical year data as part of new data releases.

Alameda CTC analysis will be based on the latest available NTD data.

Annually reported
by Transit
Operators.

N/A
On-Time Performance
Systemwide on-time
performance
Average on-time performance as reported by transit
operator. Target of 75% to 90% or based on the transit
agency’s adopted performance goals and standards.

Annually reported
by Transit
Operators.

Any agency with
significant decline below
adopted target must
provide an explanation
and specify plan to
improve performance.

Cost Effectiveness
Operating Cost Metrics
Operating Cost Metrics as reported to the National Transit Database (NTD) as requested such as:
- Operating cost per passenger mile
- Operating cost per vehicle revenue mile
Annually reported
by Transit
Operators.

Any agency with
significant increase in
costs must provide an
explanation.

PARATRANSIT PROGRAM

PERFORMANCE MEASURES
Performance Measure Performance Metrics & Standards Evaluation Frequency &
Method
Corrective Action
Ridership/Service
Utilization
Number of people served or
trips provided
Number of individuals served or trips provided by program (for service types such as ADA mandated paratransit, doorto-door service, taxi programs, accessible van service, shuttle service, group trips, travel training, meal delivery) Annually via
Compliance Report
and
Program Plan
Review.

N/A
Cost Effectiveness
Operating Cost Metrics
Cost per trip or per passenger (for service types such as ADA mandated paratransit, door-to-door service, taxi
programs, accessible van service, shuttle service, group trips) Annually via
Compliance Report
and
Program Plan
Review.

Any agency with
significant increase in
costs must provide an
explanation.

Note: The Paratransit Program Implementation Guidelines contains additional listing of performance measures by program type.

Alameda County Transportation Commission

IMPLEMENTATION GUIDELINES
Index

1. Bicycle and Pedestrian Program

2. Local Street and Road (Local Transportation) Program

3. Mass Transit Program

4. Seniors and People with Disabilities (Paratransit) Program Alameda CTC Bicycle and Pedestrian Program Implementation Guidelines Bicycle/Pedestrian - 1
Alameda County Transportation Commission
Bicycle/Pedestrian Program
Implementation Guidelines
Section 1. Purpose
A. To delineate the eligible uses of Bicycle and Pedestrian Program Funds authorized under Alameda County Transportation Commission Master Program Funding Agreements, these implementation guidelines have been developed to specify the requirements that local jurisdictions must follow in their use of Measure B, Measure BB and Vehicle Registration Fee Direct Local Distribution and discretionary funds. These guidelines are incorporated by reference in the Master Program Funding Agreements. All other terms and conditions for programs are contained in the agreements themselves.

The intent of the implementation guidelines is to:

1. Provide guidance on Bicycle and Pedestrian Safety funds eligible uses and expenditures.

2. Define the terms in the Master Program Funding Agreements.

3. Guide Bicycle and Pedestrian Program implementation.

Section 2. Authority
A. These Implementation Guidelines have been adopted by the Alameda County Transportation Commission (Alameda CTC) and set forth eligible uses and expenditures for the Bicycle and Pedestrian Program funds. Alameda CTC may update these guidelines on an as-needed basis and will do so with involvement of its technical and community advisory committees (as applicable).

Exceptions to these guidelines must be requested in writing and be approved by Alameda CTC.

Section 3. Background
A. Alameda CTC developed Implementation guidelines for the Bicycle and Pedestrian Safety Funds to clarify eligible fund uses and expenditures in association Master Programs Funding Agreements for the November 2000 voter-approved Measure B Direct Local Distribution funds (formally known as “passthrough funds”). In 2012, the Master Programs Funding Agreements were updated to include the voter approved Measure F - Vehicle Registration Fee (VRF) program. In November 2014, voters approved the 2014 Transportation Expenditure Plan, Measure BB, and new Master Programs Funding Agreements were subsequently developed to incorporate Measure BB funds.

Section 4. Definition of Terms
A. Alameda CTC: The Alameda County Transportation Commission is a Joint Powers Authority created by the merger of the Alameda County Congestion Management Agency, which performed long-range planning and funding for countywide transportation projects and programs, and the Alameda County Transportation Improvement Authority, which administered the voter approved half-cent transportation sales taxes in Alameda County (the 1986 and 2000 approved Measure B sales tax programs) B. Capital project: A bicycle and pedestrian capital investment that typically requires the following phases:
planning/feasibility, scoping, environmental clearance, design, right-of-way, construction, and completion.

C. Complete Street: A transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit vehicles, truckers, and motorists, appropriate to the function and context of the facility. Complete street concepts apply to rural, suburban, and urban areas (Caltrans definition).

D. Complete Streets Act of 2008: The California Complete Streets Act (Assembly Bill 1358) was signed into law in September 2008. It requires that local jurisdictions modify their general plans as follows:

Alameda CTC Bicycle and Pedestrian Program Implementation Guidelines Bicycle/Pedestrian - 2
“(A) Commencing January 1, 2011, upon any substantial revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of the streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. (B) For the purposes of this paragraph, “users of streets, roads, and highways” means bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.”
E. Construction: Construction of a new capital project, including development of preliminary engineering and construction documents, including plans, specifications, and estimates.

F. Cost Allocation Plans (CAPs): CAPs and Indirect cost rate proposals (IDCs) are plans that provide a systematic manner to identify, accumulate, and distribute allowable direct and indirect costs to Bicycle and Pedestrian programs funded through the Alameda CTC Master Programs Funding Agreements.

G. Direct cost: A cost completely attributed to the provision of a service, operations, a program, a capital cost, or a product. These costs include documented hourly project staff labor charges (salaries, wages and benefits) which are directly and solely related to the implementation of the Alameda CTC-funded Bicycle and Pedestrian Funds, consultants, and materials. These funds may be used for travel or training if they are directly related to the implementation of the Bicycle and Pedestrian Funds.

H. Direct Local Distribution Funds: Funds are allocated based upon a funding formula (such as population, registered vehicles, road miles, or a combination thereof) defined in a voter approved transportation expenditure plan, and provided to eligible jurisdictions on a regularly scheduled basis (such as a regular monthly payment).

I. Environmental Documents: Preparation of environmental documents, such as those related to the California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA), or permits required by state or federal permitting agencies.

J. Grants: Funding for plans, programs or projects based upon a competitive call for projects, an evaluation process based on adopted evaluation criteria and allocated based upon a reimbursement basis.

K. Indirect cost: Also known as “overhead,” any cost of doing business other than direct costs. These costs include utilities, rent, administrative staff, officer's salaries, accounting department costs and personnel department costs, which are requisite for general operation of the organization, but are not directly allocable to a particular service or product.

L. Local Bicycle Master Plan/Local Pedestrian Master Plans: Locally adopted plans that, at a minimum, examine existing conditions for walking and/or bicycling, and provide recommendations on improving the walking and/or bicycling environment, and prioritize these improvements. These plans may be stand-alone bicycle and pedestrian plans or maybe a joint plan that addresses both walking and bicycling. Also referred to as an Active Transportation Plan.

M. Maintenance: Repairs, renovation, or upgrade of existing facility or infrastructure.

N. Measure BB: Alameda County voters approved Measured BB, the 2014 Transportation Expenditure Plan, in November 2014. It authorizes the collection of a half-cent transportation sales tax and augments the existing 2000 Measure B sales tax program. Collection of the sales tax began on April 1, 2015.

Administered by the Alameda CTC, Measure BB funds four types of programs in 20 local jurisdictions:
bicycle and pedestrian, local streets and roads, mass transit, and paratransit.

O. Operations: Provision of services that operate transportation facilities and programs. Operations costs do not include the costs to operate community outreach or other programs not directly related to a specific transportation service, program, or product.

Alameda CTC Bicycle and Pedestrian Program Implementation Guidelines Bicycle/Pedestrian - 3
P. Planning: Identification of project and program current conditions and needs and development of strategies and plans to address the identified needs.

Q. Project Completion/Closeout: Inspection/project acceptance, final invoicing, final reporting, and processes for closing out project.

R. Scoping and Project Feasibility: Early capital project phases that identify project needs, costs and implementation feasibility.

S. Vehicle Registration Fee (VRF): Measure F, Alameda County's VRF Program, approved by the voters in November 2010. It will generate approximately $12 million per year through a $10 per year vehicle registration fee. Administered by the Alameda CTC, the VRF funds four main types of programs (with the funding distribution noted in parenthesis): local streets and roads (60 percent); transit (25 percent); local transportation technology (10 percent); and bicycle and pedestrian projects (5 percent).

Section 5. Bicycle and Pedestrian Program Fund Allocations A. These Implementation Guidelines provide guidance on two types of Bicycle and Pedestrian Fund allocation processes for Measure B, Measure BB, and Vehicle Registration Fee funds: 1) Direct Local Distribution funds and 2) Grants.

1. Bicycle and Pedestrian Direct Local Distribution (DLD) Funds a. General: The Bicycle and Pedestrian DLD Funds are distributed to cities in the county and to Alameda County to be spent on planning and construction of bicycle and pedestrian projects, and the development and implementation of bicycle and pedestrian programs. These funds are intended to expand and enhance bicycle and pedestrian facilities in Alameda County, focusing on high priority projects like gap closures and intermodal connections.
b. Eligible Uses: The Bicycle and Pedestrian DLD funds may be used for capital projects, programs, or plans that directly address bicycle and pedestrian access, convenience, safety, and usage.

Eligible uses for these funds include, but are not necessarily limited to:
1) Capital Projects, including:
a. New pedestrian facilities (e.g. sidewalks, curb ramps, countdown signals, accessible signals)
b. Improvements to existing pedestrian facilities
c. New bikeways (such as bicycle routes, boulevards, lanes, multi-use pathways)
d. Improvements or upgrades to existing bikeways
e. Maintenance of bicycle and pedestrian facilities
f. Crossing improvements (at intersections, interchanges, railroads, freeways, etc.) for pedestrians and bicyclists
g. Bicycle parking facilities, including construction, maintenance and operations
h. ADA on-street improvements
i. Signage for pedestrians and/or bicyclists
Alameda CTC Bicycle and Pedestrian Program Implementation Guidelines Bicycle/Pedestrian - 4
j. Pedestrian and bicycle access improvements to, from and at transit facilities
k. Traffic calming projects
l. All phases of capital projects, including feasibility studies, planning, and environmental
2) Development and updates of Local Bicycle and/or Pedestrian Master Plans (Active Transportation Plans)
3) Compliance with complete streets policies, to comply with the California Complete Streets Act of 2008, as specified in Section 6. 4) Design and implementation of education, enforcement, outreach, and promotion programs
5) Direct staff and consultant costs to develop, plan, implement, operate, and maintain the bicycle and pedestrian projects and programs. 6) Maintenance of the portion of the street most often used for bicycling (such as bicycle lanes)
7) Bicycle/pedestrian capital projects on non-city property, such as on school district property.
8) Direct staff and consultant costs that support eligible activities, including the end-of-year compliance report
9) Crossing guards
10) Direct staff training costs directly related to implementation of projects, plans, or programs implemented with the Bicycle and Pedestrian Safety Funds
c. Ineligible Uses: The following is a list of ineligible uses of Bicycle/Pedestrian DLD funds:
1) Non-transportation projects such as fees charged to capital construction projects for services or amenities not related to transportation 2) Repaving of the entire roadway (see “Eligible Uses” above for exceptions) 3) Capital projects, programs, or plans that do not directly address bicycle and pedestrian access, convenience, safety, and usage
4) Projects or programs that exclusively serve city/county staff 5) Indirect costs, unless the recipient submits an independently audited/approved Indirect Cost Allocation Plan
d. List of Projects/Programs: All projects and programs that use DLD funds must receive governing board approval prior to the jurisdiction expending the DLD funding on the project/program. This approval allows the opportunity for the public to provide input on planning for bicycle and pedestrian safety. These projects and programs may be included in any of the following, as long as they have been adopted by the jurisdiction’s governing board:
1) List of projects intended to be funded by DLD funds
Alameda CTC Bicycle and Pedestrian Program Implementation Guidelines Bicycle/Pedestrian - 5
2) Local Bicycle and/or Pedestrian Master Plan with priority projects 3) Capital Improvement Program
4) A resolution, such as for a grant application submittal

2. Bicycle and Pedestrian Grant Funds
a. Alameda CTC will adopt Grant Program Guidelines before each grant cycle that will establish the guiding policies for that grant cycle and will publicize each grant funding cycle. Alameda CTC will administer a bicycle and pedestrian discretionary grant program using a portion of the available funds
b. Local jurisdictions, transit operators and Community Based Organizations (CBO) in Alameda County may be eligible for these competitive funds as determined by the Alameda CTC discretionary processes and the Grant Program Guidelines.

Section 6. Complete Streets Policy Requirement
A. To receive DLD funds, local jurisdictions must do both of the following with respect to Complete Street policies:

1. Have an adopted complete streets policy

2. Comply with the California Complete Streets Act of 2008. The California Complete Streets Act (AB1358) requires that local general plans do the following:
a. Commencing January 1, 2011, upon any substantial revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of the streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. b. For the purposes of this paragraph, “users of streets, roads, and highways” means bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.

Section 7. Local Bicycle/Pedestrian Master Plan Requirement A. To receive DLD funds, local jurisdictions must do all of the following with respect to local bicycle and pedestrian master plans.

1. Have an adopted Local Pedestrian Master Plan AND Local Bicycle Master Plan OR have an adopted combined Local Pedestrian and Bicycle Plan (Active Transportation Plan); or demonstrate that the plan is being developed and will be adopted.

2. Each plan must be updated, at a minimum, every five years.

3. Each plan must include core elements to ensure that the plan is effective, and that plans throughout the county are comparable, to the extent that is reasonable, to facilitate countywide planning. Alameda CTC will develop and maintain guidelines outlining these core elements.

The Alameda CTC will provide technical assistance and consideration for funding for local jurisdictions to meet these requirements through the competitive grants. Jurisdictions may also use DLD funds for the development of local bicycle and pedestrian master plans.

Alameda CTC Bicycle and Pedestrian Program Implementation Guidelines Bicycle/Pedestrian - 6
Section 8. Advancement of Direct Local Distribution Funds A. Alameda CTC may consider advancing future Direct Local Distribution funds, with the goal of seeing improvements made in the near term. If a jurisdiction is interested in this option, a written request to Alameda CTC must include a description of the project, scope, schedule, the amount of funds requested, the anticipated timing of when funds are required, and justification for the request. Requests will be considered on an individual basis.

Section 9. Adoption of Implementation Guidelines
A. Implementation Guidelines are adopted by Alameda CTC on an as-needed basis. Changes to Implementation Guidelines will be brought through Alameda CTC’s Technical Advisory Committee for review and comment, as well as any other Alameda CTC committees as necessary, before changes are adopted by the Alameda CTC’s Commission.

Alameda CTC Local Streets and Roads Program Implementation Guidelines LSR - 1
Alameda County Transportation Commission
Local Streets and Roads (Local Transportation) Program
Implementation Guidelines
Section 1. Purpose
A. To delineate the eligible uses of Local Streets and Roads funds authorized under Alameda County Transportation Commission Master Program Funding Agreements, these implementation guidelines have been developed to specify the requirements that local jurisdictions must follow in their use of Measure B, Measure BB, and Vehicle Registration Fees (VRF) Direct Local Distribution funds. These guidelines are incorporated by reference in the Master Programs Funding Agreements. All other terms and conditions for programs are contained in the agreements themselves. The intent of the implementation guidelines is to:

1. Provide guidance on Local Streets and Roads funds eligible uses and expenditures.

2. Define the terms in the Master Programs Funding Agreements.

3. Guide Local Streets and Roads Program implementation.

Alameda CTC may update these guidelines on an as-needed basis and will do so with involvement of its technical and community advisory committees (as applicable). Exceptions to these guidelines must be requested in writing and be approved by the Alameda CTC Commission.

Section 3. Background
A. Alameda CTC developed Implementation Guidelines for the Local Streets and Roads (Local Transportation) funds to clarify eligible fund uses and expenditures in association with Master Program Funding Agreements for the November 2000 voter-approved Measure B Direct Local Distribution funds (formally known as “pass-through funds”. The Expenditure Plan allocates 22.34 percent of Measure B funds for Local Streets and Roads programs and projects. In 2012, the Master Programs Funding Agreements were updated to include the voter approved 2010 Measure F - Vehicle Registration Fee (VRF) program. The VRF includes 60 percent of net revenues for a Local Streets and Roads Program. In November 2014, voters approved the 2014 Transportation Expenditure Plan, Measure BB, which allocates 20.00 percent of funds for a Local Streets and Roads program. New Master Programs Funding Agreements were subsequently developed to incorporate Measure BB funds.

Section 4. Definition of Terms
A. Alameda CTC: The Alameda County Transportation Commission is a Joint Powers Authority created by the merger of the Alameda County Congestion Management Agency, which performed long-range planning and funding for countywide transportation projects and programs, and the Alameda County Transportation Improvement Authority, which administered the voter-approved, half-cent transportation sales taxes in Alameda County (the Measure B sales tax programs approved in 1986 and 2000).

B. Bike parking: Bike racks and lockers, bike shelters, attended bike parking facilities, and bike parking infrastructure.

C. Bikeways and multiuse paths: Bike lanes, bike boulevards, side paths, bike routes, multiuse pathways, at-grade bike crossings, and maintenance of bikeway facilities.

Alameda CTC Local Streets and Roads Program Implementation Guidelines LSR - 2
D. Bridges and tunnels: Crossings above or below grade for bicycles, pedestrians, and/or autos and transit.

E. Capital project: A capital investment that typically requires the following phases: planning/feasibility, scoping, environmental clearance, design, right-of-way, construction, and completion.

F. Complete Street: A transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit vehicles, truckers, and motorists, appropriate to the function and context of the facility. Complete street concepts apply to rural, suburban, and urban areas. (Caltrans definition) G. Complete Streets Act of 2008: The California Complete Streets Act (Assembly Bill 1358) was signed into law in September 2008. It requires that local jurisdictions modify their general plans as follows:
“(A) Commencing January 1, 2011, upon any substantial revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of the streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. (B) For the purposes of this paragraph, “users of streets, roads, and highways” means bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.”
H. Construction: Construction of a new capital project, including development of preliminary engineering and construction documents, including plans, specifications, and estimates (PS&E).

I. Cost Allocation Plans (CAPs): CAPs and indirect cost (IDC) rate proposals are plans that provide a systematic manner to identify, accumulate, and distribute allowable direct and indirect costs to Local Streets and Roads programs funded through the Alameda CTC Master Programs Funding Agreements.

J. Direct cost: A cost completely attributed to the provision of a service, operations, a program, a capital cost, or a product. These costs include documented hourly project staff labor charges (salaries, wages, and benefits) that are directly and solely related to the implementation of the Alameda CTC-funded Local Streets and Roads projects, consultants, and materials. These funds may be used for travel or training if they are directly related to the implementation of the Local Streets and Roads funds.

K. Direct Local Distribution Funds: Funds are allocated based upon a funding formula (such as population, registered vehicles, roadmiles, or a combination thereof) defined in a voter approved measure and provided to eligible jurisdictions on a regularly schedule basis (such as a regular monthly payment).

L. Education and promotion: Marketing, education, information, outreach, and promotional campaigns and programs.

M. Environmental documents: Preparation of environmental documents, such as those related to the California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA), or permits required by state or federal permitting agencies.

N. Equipment and new vehicles: Purchase or lease of vehicles and equipment for service improvements, such as information dissemination, fare collection, etc.

O. Grants: Funding for plans, programs, or projects based on a competitive call for projects; evaluated based on adopted evaluation criteria; and allocated based on a reimbursement basis.

P. Indirect cost: Also known as “overhead,” any cost of doing business other than direct costs. These costs include utilities, rent, administrative staff, officers’ salaries, accounting department costs, and Alameda CTC Local Streets and Roads Program Implementation Guidelines LSR - 3
personnel department costs, which are requisite for general operation of the organization but are not directly allocable to a particular service or product.

Q. Maintenance: Repairs, renovation, or upgrade of existing facility or infrastructure.

R. Measure B: Alameda County’s half-cent transportation sales tax, originally approved in 1986, and reauthorized by voters in November 2000. Collection of the sales tax began on April 1, 2002.

Administered by the Alameda CTC, Measure B funds four types of programs in 20 local jurisdictions:
bicycle and pedestrian, local streets and roads, mass transit, and paratransit.

S. Measure BB: Alameda County voters approved Measured BB, the 2014 Transportation Expenditure Plan, in November 2014. It authorizes the collection of a half-cent transportation sales tax and augments the existing 2000 Measure B sales tax program. Collection of the sales tax began on April 1, 2015. Administered by the Alameda CTC, Measure BB funds four types of programs in 20 local jurisdictions: bicycle and pedestrian, local streets and roads, mass transit, and paratransit.

T. Operations: Provision of services that operate transportation facilities and programs. Operations costs do not include the costs to operate community outreach or other programs not directly related to a specific transportation service, program, or product.

U. Pedestrian crossing improvements: At-grade pedestrian crossing improvements such as crosswalks, roadway/geometric changes, or reconfiguration specifically benefiting pedestrians.

V. Planning: Identification of project and program current conditions and needs and development of strategies and plans to address the identified needs.

W. Planning area: Four geographical sub-areas of the county (Planning Areas 1, 2, 3, and 4). The subareas of the county are defined by the Alameda CTC as follows:

1. Planning Area 1 – North Area: Cities of Alameda, Albany, Berkeley, Emeryville, Oakland and Piedmont

2. Planning Area 2 – Central Area: Cities of Hayward and San Leandro, and the unincorporated areas of Castro Valley and San Lorenzo, as well as other unincorporated lands in that area

3. Planning Area 3 – South Area: Cities of Fremont, Newark, and Union City

4. Planning Area 4 – East Area: Cities of Dublin, Livermore, and Pleasanton, and all unincorporated lands in that area
X. Project completion/closeout: Inspection/project acceptance, final invoicing, final reporting, and the processes for closing out a project.

Y. Scoping and project feasibility: Early capital project phases that identify project needs, costs, and implementation feasibility.

Z. Sidewalks and ramps: New sidewalks, sidewalk maintenance, curb ramps, and stairs/ramps for pedestrian and Americans with Disabilities Act access.

AA. Signage: Warning, regulatory, wayfinding, or informational signage.

BB. Signals: New traffic signals or crossing signals, signal upgrades, countdown signals, audible signals, or signal timing improvements.

CC. Street resurfacing and maintenance: Repaving and resurfacing of on-street surfaces, including striping.

DD. Traffic calming: Infrastructure primarily aimed at slowing down motor vehicle traffic.

Alameda CTC Local Streets and Roads Program Implementation Guidelines LSR - 4
EE. Vehicle Registration Fee (VRF): Measure F, Alameda County’s VRF Program, approved by the voters in November 2010 with 63 percent of the vote. It will generate approximately $12 million per year through a $10 per year vehicle registration fee. Administered by the Alameda CTC, the VRF funds four main types of programs and the distribution percentage is as follows: local streets and roads (60 percent); transit (25 percent); local transportation technology (10 percent); and bicycle and pedestrian projects (5 percent).

Section 5. Local Streets and Roads Fund Allocations
A. These Implementation Guidelines provide guidance on the Local Streets and Roads (LSR) Fund allocation process for Measure B, Measure BB and VRF Direct Local Distribution funds.

1. Measure B/BB Local Streets and Roads Direct Local Distribution (DLD) Funds a. General: Alameda CTC distributes Measure B and Measure BB Local Streets and Roads DLD funds to cities in the county and to Alameda County to be spent on transportation capital improvements for surface streets and arterial roads, and maintenance and upkeep of local streets and roads, including repaving streets, filling potholes, and upgrading local transportation infrastructure.

These funds are intended to maintain and improve local streets and roads in Alameda County, and may be used for any local transportation need based on local priorities, including streets and roads projects, local transit projects, bicycle and pedestrian projects, projects (sponsored by others) that require local agency support, and other transportation uses as approved through a public process by the jurisdiction. b. Eligible Uses: Measure B/BB DLD funds may be used for capital projects, programs, maintenance, or operations that directly improve local streets and roads and local transportation. Eligible uses for these funds include, but are not necessarily limited to:
1) Capital projects, including:
a) All phases of capital projects, including feasibility studies, planning, and environmental
b) Upgrades to or installation of new local streets and roads infrastructure including installation of streets, roads, and highways c) Street resurfacing and maintenance including repaving and resurfacing of on-street surfaces including striping
d) Improvements or upgrades to bridges and tunnels
e) Installation of or upgrades to sidewalks and curb ramps f) Americans with Disabilities Act (ADA) on-street improvements, including sidewalk upgrades and curb ramp installations g) Purchase or lease of equipment or new vehicles for local streets and roads improvements
h) Crossing improvements including traffic signals, signage, and traffic lights (at intersections, interchanges, railroads, freeways, etc.) for drivers, pedestrians, and bicyclists
Alameda CTC Local Streets and Roads Program Implementation Guidelines LSR - 5
i) Improvements to or installation of new pedestrian facilities (e.g., sidewalks, curb ramps, countdown signals, accessible signals, at-grade bike crossings)
j) Improvements or upgrades to or installation of new bikeways (such as bicycle routes, boulevards, lanes, multi-use pathways) k) Maintenance of or installation of bicycle and pedestrian facilities, including construction, maintenance, and operations of bike parking facilities.
l) Pedestrian and bicycle access improvements to, from and at transit facilities
m) Traffic calming projects
2) Transit system operations, operations of traffic signal system controls and interconnections, and corridor monitoring and management 3) Mass transit project operations including bus, ferry, shuttle, rail, and Welfare to Work services
4) Paratransit services
5) Direct staff and consultant costs that support eligible activities, including the end-of-year compliance report
6) Direct staff training costs directly related to implementation of projects or programs implemented with the Local Streets and Roads Funds c. Ineligible Uses: The following is a list of ineligible uses of LSR DLD funds:
1) Non-transportation projects such as fees charged to capital construction projects for services or amenities not related to transportation 2) Capital projects, programs, maintenances, or operations that do not directly improve local streets and roads and local transportation 3) Projects or programs that exclusively serve city/county staff 4) Indirect costs, unless the RECIPIENT submits an independently audited/approved Indirect Cost Allocation Plan
d. List of Projects/Programs: All projects and programs that use LSR DLD funds must receive governing board approval prior to the jurisdiction expending the DLD funding on the project/program. This approval allows the opportunity for the public to provide input on planning for local streets and roads projects. These projects and programs must be included in any of the following, as long as they have been adopted by the jurisdiction’s governing board:
1) List of projects intended to be funded by DLD funds
2) Local Streets and Roads Master Plan with priority projects 3) Capital Improvement Program
4) A resolution, such as for a grant application submittal Alameda CTC Local Streets and Roads Program Implementation Guidelines LSR - 6

2. VRF Local Streets and Roads DLD Funds
a. General: Alameda CTC distributes VRF Local Streets and Roads DLD Funds to cities in the county and to Alameda County to be spent on transportation capital improvements for surface streets and arterial roads, and maintenance and upkeep of local streets and roads. These funds are intended to maintain and improve local streets and roads as well as a broad range of facilities in Alameda County (from local to arterial facilities).
b. Eligible Uses: The VRF Local Streets and Roads DLD funds may be used for improving, maintaining, and rehabilitating local roads and traffic signals. It will also incorporate the Complete Streets practice that makes local roads safe for all modes, including bicyclists and pedestrians, and accommodate transit. Eligible uses for these funds include, but are not necessarily limited to:
1) Street repaving and rehabilitation, including curbs, gutters and drains 2) Traffic signal maintenance and upgrades, including bicyclist and pedestrian treatments
3) Signage and striping on roadways, including traffic and bicycle lanes and crosswalks
4) Sidewalk repair and installation
5) Bus stop improvements, including bus pads, turnouts and striping 6) Improvements to roadways at rail crossings, including grade separations and safety protection devices
7) Improvements to roadways with truck or transit routing c. Ineligible Uses: The following is a list of ineligible uses of VRF Local Streets and Roads DLD funds:
1) Non-transportation projects such as fees charged to capital construction projects for services or amenities that are not related to transportation 2) Projects or programs that are not directly related to streets and roads improvements
3) Projects or programs that exclusively serve city/county staff 4) Indirect costs, unless the RECIPIENT submits an independently audited/approved Indirect Cost Allocation Plan.

Section 6. Complete Streets Policy Requirement
A. To receive DLD funds, local jurisdictions must do both of the following with respect to Complete Streets policies:

1. Have an adopted Complete Streets policy.

2. Comply with the California Complete Streets Act of 2008. The California Complete Streets Act (AB1358) requires that local general plans do the following:
a. Commencing January 1, 2011, upon any substantial revision of the circulation element, the legislative body shall modify the circulation element to plan for a Alameda CTC Local Streets and Roads Program Implementation Guidelines LSR - 7
balanced, multimodal transportation network that meets the needs of all users of the streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. b. For the purposes of this paragraph, “users of streets, roads, and highways” means bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.

Section 7. Pavement Condition Index Reporting
A. To receive DLD funds, local jurisdictions must do both of the following with respect to the reporting of an agency’s pavement condition (PCI) index:

1. Annually report on the citywide pavement condition index (PCI), which rates the “health” of local streets from 1 to 100, in the Annual Program Compliance Report Form. Where applicable, this information will be consistent with material provided for MTC reporting requirements.

2. If the PCI falls below a total average index of 60 (fair condition), specify in the Annual Program Compliance Report what funding amounts, policies, or other needs are required to enable increasing the recipient’s PCI.

Section 8. Advancement of Direct Local Distribution Funds A. Alameda CTC may consider advancing future Direct Local Distribution funds, with the goal of seeing improvements made in the near term. If a jurisdiction is interested in this option, a written request to Alameda CTC must include a description of the project, scope, schedule, the amount of funds requested, the anticipated timing of when funds are required, and justification for the request. Requests will be considered on an individual basis.

Section 9. Adoption of Implementation Guidelines
A. Implementation Guidelines are adopted by Alameda CTC on an as-needed basis. Changes to Implementation Guidelines will be brought through the Alameda CTC’s Technical Advisory Committee for review and comment, as well as any other Alameda CTC committees as necessary, before changes are adopted by the Alameda CTC Commission.

Alameda CTC Mass Transit Program Implementation Guidelines Transit - 1
Alameda County Transportation Commission
Mass Transit Program
Implementation Guidelines
Section 1. Purpose
A. To delineate eligible uses of Mass Transit funds authorized under Alameda County Transportation Commission Master Program Funding Agreements, these implementation guidelines have been developed to specify the requirements that local jurisdictions must follow in their use of Measure B, Measure BB, and Vehicle Registration Fees (VRF) Direct Local Distributions and discretionary funds.

These guidelines are incorporated by reference in the Master Programs Funding Agreements. All other terms and conditions for programs are contained in the agreements themselves. The intent of the implementation guidelines is to:

1. Provide guidance on Mass Transit funds eligible uses and expenditures.

2. Define the terms in the Master Programs Funding Agreements.

3. Guide Mass Transit Program implementation.

Section 2. Authority
A. These Implementation Guidelines have been adopted by the Alameda County Transportation Commission and set forth eligible uses and expenditures for the Mass Transit funds. Alameda CTC may update these guidelines on an as-needed basis and will do so with involvement of its technical and community advisory committees (as applicable). Exceptions to these guidelines must be requested in writing and be approved by the Alameda CTC Commission.

Section 3. Background
Alameda CTC developed Implementation Guidelines for the Mass Transit funds to clarify eligible fund uses and expenditures in association with Master Programs Funding Agreements for the November 2000 voter-approved Measure B Direct Local Distribution funds (formally known as “pass-through funds”). In 2012, the Master Programs Funding Agreements were updated to include the voter approved 2010 Measure F - Vehicle Registration Fee (VRF) program. In November 2014, voters approved the 2014 Transportation Expenditure Plan, Measure BB, and new Master Programs Funding Agreements were subsequently developed to incorporate Measure BB funds.

Section 4. Definition of Terms
A. Alameda CTC: The Alameda County Transportation Commission is a Joint Powers Authority created by the merger of the Alameda County Congestion Management Agency, which performed long-range planning and funding for countywide transportation projects and programs, and the Alameda County Transportation Improvement Authority, which administered the voter-approved, half-cent transportation sales taxes in Alameda County (the Measure B sales tax programs approved in 1986 and 2000).

B. Capital project: A capital investment that typically requires the following phases: planning/feasibility, scoping, environmental clearance, design, right-of-way, construction, and completion.

C. Construction: Construction of a new capital project, including development of preliminary engineering and construction documents, including plans, specifications, and estimates (PS&E).

Alameda CTC Mass Transit Program Implementation Guidelines Transit - 2
D. Cost Allocation Plans (CAPs): CAPs and indirect cost (IDC) rate proposals are plans that provide a systematic manner to identify, accumulate, and distribute allowable direct and indirect costs to Mass Transit programs funded through the Alameda CTC Master Programs Funding Agreements.

E. Direct cost: A cost completely attributed to the provision of a service, operations, a program, a capital cost, or a product. These costs include documented hourly project staff labor charges (salaries, wages, and benefits) that are directly and solely related to the implementation of Alameda CTC-funded Mass Transit projects, consultants, and materials. These funds may be used for travel or training if they are directly related to the implementation of the Mass Transit funds.

F. Direct Local Distribution funds: Funds allocated based on a funding formula (such as population, registered vehicles, road miles, or a combination thereof) defined in a voter-approved measure and provided to eligible jurisdictions on a regularly scheduled basis (such as a regular monthly payment).

G. Education and promotion: Marketing, education, information, outreach, and promotional campaigns and programs.

H. Environmental documents: Preparation of environmental documents, such as those related to the California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA), or permits required by state or federal permitting agencies.

I. Equipment and new vehicles: Purchase or lease of vehicles. Equipment for service improvements, such as information dissemination, fare collection, etc.

J. Express bus service: Either of these types of rapid bus service:

1. Service within zones with a defined pick-up area, nonstop express bus service, and a defined drop-off zone.

2. Service that provides a simple route layout, has frequent service and fewer stops than regular fixed route service, and may include level boarding, bus priority at traffic signals, signature identification of the rapid buses such as color-coded buses and stops, and enhanced stations.

K. Grants: Funding for plans, programs, or projects based on a competitive call for projects; evaluated based on adopted evaluation criteria; and allocated based on a reimbursement basis.

L. Indirect cost: Also known as “overhead,” any cost of doing business other than direct costs. These costs include utilities, rent, administrative staff, officers’ salaries, accounting department costs, and personnel department costs, which are requisite for general operation of the organization but are not directly allocable to a particular service or product.

M. Maintenance: Repairs, renovation, or upgrade of existing facility or infrastructure.

N. Measure B: Alameda County’s half-cent transportation sales tax, originally approved in 1986, and reauthorized by voters in November 2000. Collection of the sales tax began on April 1, 2002.

Administered by the Alameda CTC, Measure B funds four types of programs in 20 local jurisdictions:
bicycle and pedestrian, local streets and roads, mass transit, and paratransit.

O. Measure BB: Alameda County voters approved Measured BB, the 2014 Transportation Expenditure Plan, in November 2014. It authorizes the collection of a half-cent transportation sales tax and augments the existing 2000 Measure B sales tax program. Collection of the sales tax began on April 1, 2015. Administered by the Alameda CTC, Measure BB funds four types of programs in 20 local jurisdictions: bicycle and pedestrian, local streets and roads, mass transit, and paratransit.

P. Operations: Provision of services that operate transportation facilities and programs. Operations costs do not include the costs to operate community outreach or other programs not directly related to a specific transportation service, program, or product.

Alameda CTC Mass Transit Program Implementation Guidelines Transit - 3
Q. Planning: Identification of project and program current conditions and needs and development of strategies and plans to address the identified needs.

R. Planning area: Four geographical sub-areas of the county (Planning Areas 1, 2, 3, and 4). The subareas of the county are defined by the Alameda CTC as follows:

1. Planning Area 1 – North Area: Cities of Alameda, Albany, Berkeley, Emeryville, Oakland and Piedmont

2. Planning Area 2 – Central Area: Cities of Hayward and San Leandro, and the unincorporated areas of Castro Valley and San Lorenzo, as well as other unincorporated lands in that area

3. Planning Area 3 – South Area: Cities of Fremont, Newark, and Union City

4. Planning Area 4 – East Area: Cities of Dublin, Livermore, and Pleasanton, and all unincorporated lands in that area
S. Project completion/closeout: Inspection/project acceptance, final invoicing, final reporting, and the processes for closing out a project.

T. Safety improvements: Safety or security improvements for operators, passengers, service users, facilities, and infrastructure or property.

U. Scoping and project feasibility: Early capital project phases that identify project needs, costs, and implementation feasibility.

V. Vehicle Registration Fee (VRF): Measure F, Alameda County’s VRF Program, approved by the voters in November 2010 with 63 percent of the vote. It will generate approximately $12 million per year through a $10 per year vehicle registration fee. Administered by the Alameda CTC, the VRF funds four main types of programs and the distribution percentage is as follows: local streets and roads (60 percent); transit (25 percent); local transportation technology (10 percent); and bicycle and pedestrian projects (5 percent).

W. Welfare to Work: Transit services to enhance transportation opportunities for persons making the transition from welfare to work.

Section 5. Mass Transit Fund Allocations
A. These Implementation Guidelines provide guidance on the Mass Transit Fund allocation process for Mass Transit Direct Local Distribution funds and Measure B Express Bus Services Grant Program and VRF Transit for Congestion Relief Program funds.

1. Mass Transit Direct Local Distribution (DLD) Funds
a. General: Alameda CTC distributes Mass Transit DLD Funds to transit operators in Alameda County to be spent on maintenance of transit services, restoration of service cuts, expansion of transit services, and passenger safety and security. b. Eligible Uses: The Mass Transit DLD funds may be used for capital projects, programs, maintenance, or operations that directly improve mass transit services. Eligible uses for these funds include, but are not necessarily limited to:
1) Capital projects, including:
a) All phases of capital projects, including feasibility studies, planning, and environmental
Alameda CTC Mass Transit Program Implementation Guidelines Transit - 4
b) Upgrades to or expansions to bus, ferry, rail, and shuttle infrastructure
c) Purchase or lease of equipment or new vehicles for transit services 2) Mass transit system operations and services, including commuter rail; express, local, and feeder bus; and ferry
3) Paratransit services
4) Welfare to Work services
5) Direct staff and consultant costs to develop, plan, implement, operate and maintain transit projects and programs
6) Direct staff and consultant costs that support eligible activities, including the end-of-year compliance report
7) Direct staff training costs directly related to implementation of projects or programs implemented with the Mass Transit Funds
c. Ineligible Uses: The following is a list of ineligible uses of Mass Transit DLD funds:
1) Non-transportation projects such as fees charged to capital construction projects for services or amenities not related to transportation 2) Capital projects, programs, maintenances, or operations that does not directly improve mass transit services
3) Projects or programs that exclusively serve city/county staff 4) Indirect costs, unless the RECIPIENT submits an independently audited/approved Indirect Cost Allocation Plan.

2. Measure B Express Bus Services Grant Program Funds
a. The Measure B Expenditure Plan dedicates 0.7 percent of net revenues for the Countywide Express Bus Service fund for express bus service projects. The Alameda CTC will administer a Measure B Countywide Express Bus Services discretionary grant program. The Alameda CTC will adopt Grant Program Guidelines before each grant cycle that will establish the guiding policies for that grant cycle and will widely publicize each grant funding cycle.
b. Two agencies are eligible to receive express bus services grant funds:
1) Alameda-Contra Costa Transit District (AC Transit)
2) Livermore Amador Valley Transit Authority (LAVTA)
Fund recipients must enter into a separate agreement with Alameda CTC.

3. VRF Transit for Congestion Relief Program Funds
a. The VRF Expenditure Plan dedicates 25 percent of net revenues for transit projects that provide congestion relief. Alameda CTC awards VRF Transit for Congestion Relief Grant Program funds on a discretionary basis. These funds are intended to make it easier for drivers to use public transportation, make the existing transit system more efficient and effective, and improve access to schools and jobs. The goal of this program is to decrease automobile usage and thereby reduce both localized and area- Alameda CTC Mass Transit Program Implementation Guidelines Transit - 5
wide congestion and air pollution. Fund recipients must enter into a separate agreement with Alameda CTC.
b. Eligible Uses: VRF Transit for Congestion Relief Grant Program Guidelines provide program eligibility and fund usage guidelines and requirements, definitions of terms, evaluation criteria, award details, and monitoring requirements.

Section 6. Advancement of Direct Local Distribution Funds A. Alameda CTC may consider advancing future Direct Local Distribution funds, with the goal of seeing improvements made in the near term. If a jurisdiction is interested in this option, a written request to Alameda CTC must include a description of the project, scope, schedule, the amount of funds requested, the anticipated timing of when funds are required, and justification for the request. Requests will be considered on an individual basis.

Section 7. Adoption of Implementation Guidelines
A. Implementation Guidelines are adopted by Alameda CTC on an as-needed basis. Changes to Implementation Guidelines will be brought through the Alameda CTC’s Technical Advisory Committee for review and comment, as well as any other Alameda CTC committees as necessary, before changes are adopted by the Alameda CTC Commission.