Agenda packet, regular meeting — Emeryville City Council, September 1, 2026 (part 5 of 5)

Task 1: Project Set Up, Site Specific Health and Safety Plan, and Project Management Prior to initiating field work, AECOM will prepare a site specific Health and Safety Plan which will address concerns regarding contamination of fill material at the site and appropriate work protocol and PPE, given the specific site contaminations identified in the EKI (2010) Environmental Risk Management Plan. It is assumed that no air monitoring will be required, but that all personnel working on site and in direct contact with excavated soils will need to be 40- hour HAZWOPER certified. This task also includes initial project set up, project management, initial field visits to mark the site for Universal Services Alert ( USA), a private utility locator, and other preparations prior to field work.

Task 2: Geoprobe Soil Bores
A series of direct push continuous sample Geoprobe soil cores will be excavated and analyzed to characterize subsurface conditions within the proposed footing locations for the west approach and the potential for significant archaeological deposits. Although the footings are planned to be relatively shallow (- 5 to 7 feet below surface) the depth of project impacts will be much greater, associated with piles drilled and placed below each footing. In order to determine whether archaeological resources are present within these depths of potential project activities, and document the depositional setting of any archaeological resources that are present, Geoprobe bores will be advanced to a maximum 30 ft below surface. A maximum of 5 bores will be placed south of Temescal Creek, and a maximum of 4 will be placed north of the creek, in proximity to proposed footings.

The soil cores will be transported to and examined at the vacant City -owned lot on the eastern side of the Horton Landing (" Area F"). Each core will be opened and described using standard soils and geomorphological techniques. Natural and or cultural stratigraphy will be identified whenever possible by carefully examining each core. Stratigraphic units ( strata) and soil horizons will be identified based on physical characteristics such as composition, color, superposition, textural transitions, and pedogenic properties ( i. e., relative soil development).

Master soil horizons will be defined using standard United States Department of Agriculture soil taxonomy ( Soil Survey Staff 2006). Upon completion of examination and documentation, the cores will be placed in drums and left on -site to be disposed of appropriately by the City' s construction/ remediation contractor during project construction. AECOM is not responsible for environmental sampling or characterization of the sediments.

Upon completion of the coring program, a brief technical document will he prepared, including stratigraphic profiles, and recommendations for any additional mitigation ifnecessary, including mechanical pre -excavation of footing locations, construction monitoring, and/ or archaeological data recovery excavations. One round of consolidated review by the City, not requiring new data acquisition, is assumed.

OAK # 4826- 8148- 0253 v8 Exhibit H- 2
Assumptions:

The City will have a surveyor mark the corners of each proposed footing on the west side of the railroad right- of-way, prior to AECOM marking the site for USA and locating utilities
No air monitoring or dust suppression required
No testing or disposal of Geoprobe bore cuttings
Alameda County Drilling Permit fee not to exceed $ 265
No Native American consultation required at this time by AECOM No federal nexus for the project which would require compliance with Section 106 of the National Historic Preservation Act
Any additional archaeological data recovery, monitoring, treatment plans, recovery plans, or other mitigations would require a separate scope and budget.

City to secure all right of entry.

One initial site visit to plot boring locations and mark for Underground Services Alert USA).

Three ( 10 hour) days of coring, with a maximum of nine locations.

One round of consolidated review for all deliverables, with no new data acquisition.

Mr, Maurice Kaufman
January 12, 2017

Page 3 ends

Estimated Charges and Schedule
URS requests that the City of Emeryville issue a new work order in the not -to -exceed amount of 26, 750 to implement the tasks described herein and detailed in Attachment A. Schedule for these tasks is predicated on issuance of Notice to Proceed ( NTP) and pre -marking of the footing areas by the City. Start of the drilling program is anticipated to begin no later than 15 days from issuance of NTP, but is reliant on the drilling subcontractors schedule at the time.

Limitations
AECOM will perform the services described here in a manner consistent with that level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions. This proposal is conditioned upon the negotiation of mutually acceptable contract terms.

If you have any questions about this proposal, please contact Jay Rehor at ( 510) 874- 1726. We appreciate the opportunity to continue to work with you on this important project.

Sincerely,
AECOM
Jay Rehor
Senior Geoarchaeologist
Project Manager
Attachment A: Cost Estimate
Steve Leach
Vice -President, Environmental Services
OAK #4826- 8148- 0253 v8 Exhibit H- 3
ERLER& KALINOWSKI PROPOSAL DATED JAN0ARY89J017
Erl= v&
Kaxwwwaw4
Inc.

Consulting Engineers and Scientists
oro Ogden om=
Burlingame. o^ mmn
m5* 292- 9100
19January 20|7 Michael
Uuinu Esq. City
Attorney Ci\
yo[ ErucryviUr 33Park
Avcnuc Subieu: Work
Authorization for Environmental Engineering f\xsismnccCNhng Cultural Resource Investigations South BuvhnntBicycle/
Pedestrian 0vcrcoossingPn. jcc' Buy Street. EnncryvU|
c' California EK[0700| I00}
Dear Mr. Guina:

Gdcr6L Kadino` ryki,
Inc. (^^ BK[^) is p( cuycd k/ yohmitthis pvnpoou\ in Cityo[Emcry° U)o City") for environmental engineering tusks related to the implementation of cultural resource investigation uudvhiro for the South BoyhontBicydc/ Pcdcor( un OrcrcnnsmingProject Pn co[) at tile Buy Street development in Emeryville. California ("Bay Street")'to be undr ukcnbvCity' oconsultant.

AECOM. hixSKl` yunderstanding that the Pro cciv/U| involve soil coring by AECOM at 9locations ( 5south of Teniescal Creek and 4 north of Trmescu| Creek) in connection with invcsdgubon for the presence n[uuhora| rcxnurccu inplanned | ncutinnuofUhc Pro,ject 00undudons. The ProJcciwiU further involve mechanical and manual soil excavation byAECUMwithin \ 0separate h`undztionfooting locations for the Yem Kumpund Main Bridge: EKl will be tasked with testing ofthe 9soil cores and soils excavated 0vmthe | 0foundation locations and possible disposal activities. The soil oxouvudoo. mcgingonddixpomu| wnrkwU| nexdvubrcnnducb: dinacoondunccwkh' hc Environmental Risk Management Plan dated July I000 and
prepared hyE7{ l (the^^ERMP'`) for the Bay Street site. Oversight oysoUexcavation, testing and disposal activities iybeing provided bythe California Environmental Protection Agency., Dcpuumenio[ Toxic Svhuiunczu EK[o proposed scope u[workfor on -going cnvivonmcnm| consulting services hortile ProJectis described below. OAK #4826- 8148- 0253 v8 Exhibit 1-1 Michael Guina, Esq.

South Bayfront Bicycle/ Pedestrian Bridge Project
Bay Street Environmental Engineering Assistance
19 January 2017

Page 2 ends

PROPOSED SCOPE OF WORK
The proposed scope of work for EKI consists ofthe Mowing tasks:

Task 1 — General Consulting
EKI will perform general environmental consulting and engineering services associated with implementation of the cultural resource investigation tasks on an as -needed basis. EKI will provide continued technical support and environmental engineering consultation services, when requested by the Client, regarding the environmental issues related to the Project. EKI representatives will attend meetings and participate in conference calls with Client, its staff, other consultants ( AECOM), regulatory agencies, and legal counsel, when requested and as necessary to facilitate completion of the scope of work identified herein or to assist in the planning process for future actions.

EKI will review plans prepared by others to evaluate the consistency with the requirements of the ERMP. E KI will assist with notifying DTSC ofthe Project activities at Bay Street and provide any information and prepare any work plans or soil testing/ management plans requested by DTSC.

Task 2 — Provide Field Observation Services
EKI field personnel will be available to provide observation services during any subsurface investigation activities undertaken by AECOM. EKI field personnel will inspect soil cores recovered by AECOM and any excavated soils for visual signs of contamination ( such as staining or odor) and will screen soils with handheld instruments, as necessary, to attempt to identify the presence of chemicals of concern in such soils. EKI will keep a log of observations made during the, Project.

The proposed budget for this task includes the following specific assumptions:

Ten ( 10) hours in the field for EKI personnel to observe cultural resource core drilling activities;
Ten ( 10) hours in the field tor EKI personnel to observe cultural resource excavation activities; and
One ( 1) day in the field for EKI personnel to observe contaminated soil excavation activities, if necessary.

Task 3 — Soil Sampling for Disposal Characterization
EKI shall coordinate with AECOM during its soil coring activities in order to obtain samples for purposes of characterizing soil that will be excavated for bridge footings, support piles, and utility corridors for off -site disposal. Samples for disposal characterization testing purposes will likely be collected from each core at depths of approximately I, 3 and 6 feet below ground OAK # 4826- 8148- 0253 v8 Exhibit 1- 2
Michael Uuinu Esq.

South BuyGmntBicyJu/ PedcxrkmBridge Pro.jo1 Bay
Street Environmental Engineering Assistance PJanuary
ZU|7 Page 3
suffaco (^^h/
bgo^} then combined into four -point composite xump|ee, prior wanalysis. Composite soil oump|cx for off - site disposal characterization willbeanalyzed for the chemicals of concern (~ C0Cy~)dcochbod in the GRMPfor the Bay Street site, which includes the Volatile organic compounds (^ VOCs")using EPA Method 82b08: Scmi' vo|uti}
c organic compounds (^^ SYUCs^) byEPA Method 8270 Total extractable petroleum hydrocarbons ('' TEPR")usdiesel using O. S.EPA Method 8O| 5mwith silica gel deuoup Tuud petroleum hydrocarbons (^'[PR'^)aagasoline using U.8. CPA Method 80|im California Code u[Regulation ( C[ F['}
Title 22 metals' using U. S. EPA Methods 6U20and 747\(-^ me: Js'): Polychlorinated bipheoyb(^PCBo-)using U. S. EPA
Method 8002: 0rgunoch| ohnrpesticides using U. S. EPA Method 8O8|: Waste Extraction Test ("WET") and TONiCily Characteristic Leaching Procedure TCLP'`)| cuuhuoextractions ( to brperformed onall oump|ry):and w Anu|yyisn[ WET and TCLP |cuchatc cz/ mcbuns for selected metals ( if required see text below). Total metal concentrations detected inthe composite soil samples will be
evaluated on thebasis o[applicable State o[Cu|ik`rniaand FcJcuJ hazardous waste criteria wdetermine ifadditional euchuhz tenting for waste classification is appropriate orlikely tobe ncquca( eJ by appropriately permitted | und0|y, i.e, analysis u[WET orTCLP | euchm: cxtroc, ions. The proposed budget includes uoon to perk/nn WET and TCLPextractions concurrently with other analyses because prior soil samples collected at theBoy Street site required such testing to allow for disposal at permitted off -site facilities. The actual analysis uFWET and TCLP| cychu( csthat are conducted will be dependent upon total metal concentrations (] elected in the composite soil samples.

The Pn cmn/iU Ou hcrinvolve snU excavation, sdngand possibly disposal activities associated with the soils within i0excavation ureuu corresponding to the foundation 6/wing. support pile, and utility corridor locations forthe West Ramp and Main Bridge. kiyanticipated that the excavation unuu will be6uck6Urd with native soils, even if evidence of contamination ispresent because these same excavation areas will hxre- excavated once the Pro .rciisactually constructed and all excavated soils willbedisposed of at that time, However. EKI will collect representative soil samples from each stockpile v[czcuvated soil and obtain chemical analyses to provide inK/ nno(ino for determining uff-sitrdiopoyal options. The exact suite u[analyses will be conducted pursuant to Section 4.7.2 ofthe ERMP and the off - site disposal methods listed above. Fitle 22 metals include antimom. arsenic. barium, beryllium, cadmium, chromium. cobalt, copper. lead. m000n.

OAK #4826-
8148- 0253 v8 Exhibit 1-3
Michael GuinuEsq.

South BuybnntBicycle/ Pedestrian Bridge Pn cc/ Buy
Street Environmental Engineering Assistance 19Junuury2017 Page
4 The
proposed budget for this task includes the following specific assumptions: Soil oomp| cx coUcuwJ forthe purposes o[characterizing soil that will be excavated Gor bridge footings, support piles. and utility corridors for off -site disposal will be cornposited by the laboratory into four (4) composite samples prior to analysis. These composite samples will bcanalyzed oil ustandard, |O' duyturnaround basis. Based upon the Cby'o rcpion o[p| uno hordhc Project, City staff have estimated that appnoximute| ygO0cubicyurdun[ soi| wU|bcescovmicdhmribecnnstrucbnonf1hc hhd8c0uubnux. Soil samples collected
of potentially contaminated soil for the purposes of characterizing thcyui| h»roffyi\cdiypoyu| v/iUcumpnoitedhyrhc| uhonuoryinumowo( I)xompusbc samples prior to analysis. These composite samples will be analyzed on uotundurd, 10' dayturnuroundhaxis. Excavations for cultural
resources investigations will be backtilled with native soil. Task 4 — Summary of Disposal Charactcrization Sampling for Footings Upon receipt of the analytical reports for samples collected for the purposes of characterizing aui| thatwill be excavated for bridge footings for off -site disposal, EK( will prepare ubric[ letter report that summarizes the analytical results. The letter report will include summary tables ofthe chemical analytical data and oFi8un: showing sample locations. This task also includes budget for EKI to discuss potential soil disposal options with the City, PROJECT SCHEDULE EK] isprepared
to begin work oil this project oxdirected hN1City. PROPOSED BUDGET Inasmuch amthe exact
level n[effort tncomplete the proposed Scope o[Work inthis Work Authorization cannot beidentified at this time. we propose that compensation for consulting services by Sdcr6L KWinuwski Inc. be oil admc and expense reimbursement basis (n accordance with ihea$\ ucbeJ EK[ Schcdu| eofCharg* s, dated 2 JunuuryI0| 7. On the basis or the Scope of Work described above, the proposed budget for the performance ofTasks | thvnu h4 is $25,000, which includes approximately $| O. 000 in laboratory analytical costs. As the projectprogresses, additional budget may be necessary. Thepnnpnucd budget h/rB| l['yservices may heallocated amongst the tasks described herein as needed tnfulfill the obligations tinder this Agreement. EK|wU| inform the Client in writing
it' nnrkbeyond tile scope identified in this Work Authorization will be required to achieve the objectives described herein ornocomply n/idh requirements o[the DTSC. BKlwill perform such additional services 1-
upon written authorization from tile Client. OAK #4826- 8148-0253 v8 Exhibit 4 Michael Ouina Esq.

South Dyvfi-VniBicy c|c/ Pedestrian Bridge Pro' cct Bay Street Environmental Engineering Assistance 9January
I0|7 Page 5
We auuunno
that the Client will provide unnitten Arcn cn providing work authorization for this pro.ject. Weaxsunnc that the Ccnnn of this Agreement will beconsistent with the previous agreements between EKIand the City, with modifications appropriate totills opcuifiuscope ofwork.

Weare pleased
k/have the opportunity k`work withyou oil this proJect. Please call ifyou have any questions or wish to discuss these onuttce in greater detail. Very truly yours, F{ LEQ8iKAL| 7VUWSK[ INC.

Earl James, P.O.

Vice President Attachment: E0Schedule
u[Charges,
dated 2January 20|7. Modified OAK #4826- 8148-0253 v8 Exhibit 1-5
Client/ Address: City of Emeryville
1333 Park Avenue
Emeryville, CA 94608- 3517
Proposal/ Agreement Date: 19 January 2017
SCHEDULE OF CHARGES FOR ERLER & KALINOWSKI, INC.

EKI Project # B70013. 00
Modified)
2 JANUARY 2017
Personnel Classification Hourly Rate 5% Discounted
Officer and Chief Engineer - Scientist 275 261
Principal Engineer - Scientist 265 252
Supervising Engineer - Scientist 255 242
Senior I. Engineer - Scientist 233 221
Senior II, Engineer - Scientist 217 206
Associate I. Engineer -Scientist 207 197
Associate II, Engineer -Scientist 193 183
Engineer - Scientist, Grade 1 181 172
Engineer - Scientist, Grade 2 171 162
Engineer - Scientist, Grade 3 158 150
Engineer - Scientist, Grade 4 136 129
Engineer -Scientist, Grade 5 119 113
Engineer -Scientist, Grade 6 106 101
Technician 98 93
Senior GIS Analyst 125 119
CADD Operator I GIS Analyst 110 105
Administrative Assistant 97 92
Secretary 80 76
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work will be at cost plus ten percent ( 10%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Special fees, insurance, permits. and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work.

Reimbursement for company - owned automobiles, except trucks and four- wheel drive vehicles, used in connection with the work will be al the rale of sixty cents ($ 0. 60) per mile. The rate for company - owned trucks and four- wheel drive vehicles will be seventy- five cents

0. 75) per mile. There will be an additional charge of Thirty dollars ( 530. 00) per day for vehicles used for field work. Reimbursement for use of personal vehicles will be at the federally allowed rate plus ten percent ( 10%).

CADD Computer time will be charged at twenty dollars ($ 20.00) per hour. In- house material and equipment charges will be in accordance with the current rate schedule or special quotation. Excise taxes, if any, will be added as a direct expense.

Rate for professional staff for legal proceedings or as expert witnesses will be at a rale of one and one- half times the Hourly Rates specified above,
The foregoing Schedule of Charges is incorporated into the Agreement for the Services of Erler & Kalinowski, Inc. and may be updated annually.

OAK # 4826- 8148- 0253 v8 Exhibit I-6
F
City of Emeryville

PROFESSIONAL SERVICES CONTRACT

FIRST AMENDMENT

THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT Amendment") is effective as of this 18th day of July , 2019, by and between THE CITY OF EMERYVILLE, a municipal corporation, (" City") and EKI ENVIRONMENT AND WATER, INC. (" Contractor"), individually referred to as a " Party" and collectively as the " Parties."

WITNESSETH THAT
WHEREAS, the City and Contractor entered into a Professional Services Contract dated August 25, 2017 (" Contract") for the purpose of retaining the services of Contractor to provide Pre -Characterization Waste Sampling, Soil Cleanup Plan Update, Bid Assistance, Services during Soil Remediation, and Completion Report Preparation; and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.

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

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

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

1. 2 Termination Date
x The Parties desire to extend the termination date. Section I. 0 of the Contract is hereby amended to extend the termination date to DECEMBER 31, 2020.

Contract No.

Resolution No.
19016- 0117- PW01
19- 53
CIP No. CF- 02; 16475006; 17237003
Project No. EPW 17- 112
REV01/ 2019
City of Emeryville ( Professional Services Contract Amendment REV01/ 2019

1. 3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 3. 2 of the Contract by DOLLARS AND NO CENTS
The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed DOLLARS AND NO CENTS ($ ).

2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.

From and after the date of this Amendment, whenever the term " Contract" appears in the Contract, it shall mean the Contract as amended by this Amendment.

3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment

4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect

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

SIGNATURES ON FOLLOWING PAGE

Page 2 of 3 ends

City of Emeryville ( Professional Services Contract Amendment REV01/ 2019

6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT

FIRST AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Apprved As To Form:
43) . City Attorney
Dated:

Ju/, / 1 2019

CITY OF EMERYVILLE
Christine S. Daniel, City Managdr
Dated: EKI ENVIRONMENT AND WATER, INC.

Ea`r'I James, Vice President
2019

Page 3 of 3 ends

Signature)

CALIFORNIA

PROFESSIONAL SERVICES CONTRACT

FOR CITY USE ONLY
Contract No. CIP No.

Resolution No. Project No. REV 06/2020

FOURTH AMENDMENT

THIS FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of ____________________ (the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and EKI ENVIRONMENT AND WATER, INC. (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.

WITNESSETH THAT
WHEREAS, the City and Contractor entered into a Professional Services Contract dated August 25, 2017 (“Contract”) for the purpose of retaining the services of Contractor to provide certain Environment Services related to cleanup and remediation of contaminated soils and other materials with the site of the South Bayfront Pedestrian Bicycle Bridge Project (CIP No. 16475006 and No. 17237003); and WHEREAS, the City Council adopted Resolution 19-53 authorizing the City Manager to execute Amendment 1 to extend the term of the Agreement; and WHEREAS, the City Council adopted Resolution 20-12 authorizing the City Manager to execute Amendment 2 to extend the term of the agreement, revise the budget and work scope to update Cleanup Plans, and provide Bid and Construction support services related to said South Bayfront Pedestrian Bicycle Bridge Project; and WHEREAS, the City Council adopted Resolution 21-52 authorizing the City Manager to execute Amendment 3 to extend the term of the agreement, revise the budget and work scope to include additional environmental services regarding DTSC Voluntary Oversight Agreement; and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.

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

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

City of Emeryville | Professional Services Contract Amendment REV 06/2020

Page 2 of 4 ends

1.1 Exhibit A

Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
; Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-4, attached hereto and incorporated herein by this reference.

1.2 Termination Date

The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to NEW END DATE.

1.3 Total Compensation Amount
; The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by TWENTY SIX THOUSAND DOLLARS AND NO CENTS ($26,000.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed FOUR HUNDRED

FOURTY ONE THOUSAND FIVE HUNDRED DOLLARS AND NO
CENTS ($441,500.00).

From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.

City of Emeryville | Professional Services Contract Amendment REV 06/2020

Page 3 of 4 ends

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

SIGNATURES ON FOLLOWING PAGE

City of Emeryville | Professional Services Contract Amendment REV 06/2020

Page 4 of 4 ends

6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT

FOURTH AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: EKI ENVIRONMENT AND WATER, INC.
(Signature)
Earl James, P.G., Vice President
Attach:

W-9 Form
Attach:

Business License
Certificate
Attach:

Insurance Certificate
and Endorsements

Corporate Office
2001 Junipero Serra Boulevard, Suite 300
Daly City, CA 94014
(650) 292-9100
ekiconsult.com
22 August 2022
Pedro Jimenez
Assistant City Manager
City of Emeryville
1333 Park Avenue
Emeryville, California 94608
Subject: Budget Augmentation Proposal for Requested Additional Environmental Services Regarding DTSC Voluntary Oversight Agreement
Horton Landing Park
Emeryville, California
(EKI B70013.02)
Dear Mr. Jimenez:

EKI Environment & Water, Inc. (EKI) is pleased to submit this budget augmentation proposal for requested additional environmental services regarding the South Bayfront Pedestrian Bicycle Bridge Project which includes Horton Landing Park property (the HLP Site alternatively called, East Side) in Emeryville, California as well as permanent easements in the Bay Street Shops and Residences development (West Side). These services are proposed in accordance with terms in our agreement dated 25 August 2017 (Original Agreement) that was amended on: (a) 11 July 2019 for a Time Extension (Amendment 1); (b) 18 February 2020 for Time, Work Scope and Budget Augmentation (Amendment 2); and 19 April 2022 for Work Scope and Budget Augmentation (Amendment 3).

In May 2021, the City of Emeryville (City) entered into a Standard Voluntary Agreement (SVA) with the California Department of Toxic Substances Control (DTSC) for environmental oversight of the HLP Site. In accordance with Amendment 3, EKI prepared a Preliminary Endangerment Assessment (PEA) report for Area I of the HLP Site (Area I PEA), which was approved by DTSC on 1 November 2021. As stated in the approved Area I PEA, DTSC has requested that the City place a Land Use Covenant (LUC) on the Area I property, which was not included in the scope of work in Amendment 3.

Costs incurred to date have exceeded estimates given DTSC requirements to comply with the VCA. Therefore, this proposal includes budget to complete the remaining tasks required by DTSC in accordance with the SVA.

ǆŚŝďŝƚͲϰ

Pedro Jimenez
City of Emeryville
Horton Landing Park Project, Emeryville, California
22 August 2022

Page 2 of 3 ends

Areas A-H Tasks
EKI will conduct the following tasks for Areas A to H as follows:
x Prepare Operation & Maintenance Plan (O&M Plan) for Areas A to H; and EKI will also assist the City with preparation of the following documents to fulfill the long-term environmental requirements for Areas A to H:
x Operation & Maintenance Agreement (O&M Agreement) between City and DTSC for Areas A to H; and
x LUC for Areas A to H.

Area I Tasks
EKI will conduct the following task for Area I as follows:
x LUC for Area I.

West Side Tasks
EKI will conduct the following task for the West Side as follows:
x Prepare completion report in accordance with the DTSC-approved Final Soil Management Plan, South Bayfront Pedestrian Bicycle Bridge Project – West Side, Bay Street Project Area.

Project-Wide Tasks
It is our understanding that the City’s California Department of Tax and Fee Administration (CDTFA) account is under routine audit of the generator fees for hazardous waste disposed in calendar year 2020. In response to an email sent from the Department of Toxic Substances Control (DTSC) to the City dated 22 July 2022, EKI will conduct the following task:
x Prepare a memorandum that includes a response to “Each Action Necessary to Further Consider the Request for Exemption” as outlined in the DTSC email.

Schedule
EKI is prepared to begin work immediately on this project.

Budget
Compensation for consulting services by EKI Environment & Water, Inc. will be on a time and expense reimbursement basis in accordance with our Schedule of Charges as amended for the City of Emeryville, the most current Schedule dated 2 January 2022. We propose a total budget of $26,000 for the performance of Tasks 1 to 7, described above, which will not be exceeded

Pedro Jimenez
City of Emeryville
Horton Landing Park Project, Emeryville, California
22 August 2022

Page 3 of 3 ends

without additional authorization. A breakdown of the budget is provided below.

The estimated budget for EKI’s services may be allocated amongst the tasks described above as needed to fulfill the obligations under this proposal. We assume that the City will provide a written amendment to our Agreement providing specific work authorization for this project for EKI review and approval.

We are pleased to have the opportunity to work with you on this project.

If you have any questions, please call either of the undersigned at 650-292-9100.

Very truly yours,
EKI ENVIRONMENT & WATER, INC.

Logan Hansen, P.G. Earl James, P.G.

Supervising Geologist Vice President
Task Estimated Budget
1 Respond to City and DTSC Comments on
PEA/Completion Report for Areas A to H $ 2,500
2 Prepare O&M Plan for Areas A to H $ 8,000
3 Assist City with Preparation of O&M
Agreement and LUC for Areas A-H $ 2,000
4 Assist City with Preparation of a LUC for Area I $ 1,000 5 Prepare Completion Report for West Side $ 7,500
6 Assist with DTSC Communications and
Meetings $ 2,500
7 Prepare Memorandum to Request Exemption
from Hazardous Waste Generator Fees $ 2,500
Total Proposed Budget $ 26,000

Corporate Office
2001 Junipero Serra Boulevard, Suite 300
Daly City, CA 94014
(650) 292-9100
ekiconsult.com
4932-6295-2087 v2
31 March 2026
Katherine Brandt
Project Manager – Site Mitigation and Restoration Program California Environmental Protection Agency
Department of Toxic Substances Control
700 Heinz Avenue, Suite 200
Berkeley, California 94710
Subject: Responses to DTSC Comments on Preliminary Endangerment Assessment Horton Landing Park – Areas A through H – Horton Landing Park Stanford Avenue and Horton Street, Emeryville, California (Site Code 202245) (EKI B70013.02)
Dear Ms. Brandt:

On behalf of our client, the City of Emeryville (City), EKI Environment & Water, Inc. (EKI) is submitting this Responses to California Department of Toxic Substances Control (DTSC) Comments letter dated 20 February 2026 (DTSC Comment Letter; DTSC, 2026) received on EKI’s draft Preliminary Endangerment Assessment for Areas A through H (Areas A to H PEA) of the Horton Landing Park (HLP) in Emeryville, California (Site) dated 13 August 2022.

Background
The HLP Site is owned by the City1 and is approximately 1.35 acres and consists of nine subareas: Areas A to H are approximately 1.2 acres (APN 049-104102612, 049-104103710, 049-104104604, 049- 104104707), and Area I is approximately 0.15 acres (APN 49-1557-2-3). The HLP Site is bordered on the north by the City’s former Public Works Facility, on the west by the Union Pacific Railroad (UPRR) mainline tracks, on the south by the former Sherwin-Williams facility, and on the east by buildings currently owned by Sutter Health (purchased in 2024 from BioMed Realty) and Grifols Diagnostic Solutions Inc., and Horton Street. A culverted portion of Temescal Creek is located within Areas F and I.

The City was the Oversight Agency for the HLP Site pursuant to a Memorandum of Understanding (MOU2 )
between the City, former Redevelopment Agency, DTSC and the Regional Water Quality Control Board, San Francisco Bay Region (SFRWQCB), dated May 23, 1996. EKI prepared a Site Cleanup Plan (SCP), Horton Landing Park, Emeryville, California, dated March 2010 (SCP) for Areas A to H, which were then owned by the Emeryville Redevelopment Agency. The City’s Conditional Approval of the SCP in accordance with the 1 The former Emeryville Redevelopment Agency acquired property identified as Areas A to H from Southern Pacific Railroad between 22 December 1995 and 30 May 1996, which parcels were transferred to the City for park/open space uses following the dissolution of the Redevelopment Agency in February 2012. Thereafter, the City purchased Area I from Union Pacific Railroad (UPRR) in September 2018. 2 An addendum to the MOU was adopted on 22 December in 1998.

Attachment B
Katherine Brandt
DTSC
31 March 2026

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MOU was submitted to DTSC on 27 April 2010. DTSC’s 26 May 2010 email concurred with the City’s Conditional Approval (DTSC, 2010).

Before the Redevelopment Agency could implement the approved SCP and redevelop the HLP Site with park/open space improvements, the Redevelopment Agency was dissolved effective February 2012 in accordance with the Redevelopment Dissolution Act. Thereafter, in accordance with the Dissolution Act, the parcels comprising Areas A to H were transferred by the Successor Agency to the City for park and open space uses.

Redevelopment of the HLP Site had always been planned to be implemented in conjunction with the construction of the South Bayfront Pedestrian-Bicycle Overcrossing. However, the development of both projects were delayed due to shortages in financing as a result of redevelopment dissolution. Eventually, the City was able to secure sufficient funding to move forward with both projects. Yet, as a condition of acquiring the aerial easement over the UPRR mainline tracks, the City was required to acquire Area I from UPRR. Accordingly, EKI prepared the Site Cleanup Plan Addendum (SCP Addendum; EKI, 2018) for Area I; the City’s Conditional Approval of the SCP Addendum was submitted to DTSC on 23 April 2019.

Notwithstanding the continued effectiveness of the MOU, DTSC did not respond.

Thereafter, in order to move forward with the redevelopment of the HLP Site and the South Bayfront Pedestrian-Bicycle Overcrossing, the City agreed to enter into a Standard Voluntary Agreement (SVA) with DTSC on 21 May 2021. In accordance with the SVA, a PEA was prepared for Area I of the HLP Site (Area I PEA; EKI, 2021), which was approved by DTSC in a letter dated 1 November 2021. Notwithstanding the fact the SCP had been submitted and approved by DTSC pursuant to the MOU for Areas A to H, a draft Areas A to H PEA was submitted in August 2022.

Roughly three and one-half years later, DTSC has provided comments regarding its review of the Areas A to H PEA in the letter dated 20 February 2026. During that time period, the City has undertaken and completed remedial actions, consisting of limited removal of chemicals of concern (COC)-impacted soil (at least 1 foot below ground surface (bgs), at the HLP Site in 2020 and 2021 in accordance with EKI’s Site Cleanup Plan, Horton Landing Park, Emeryville, California, dated March 2010 (SCP) for Areas A to H and the Site Cleanup Plan Addendum (SCP Addendum; EKI, 2018) for Area I.

Further, Areas A to I were developed in 2020 and 2021 into Horton Landing Park, which includes pedestrian and bicycle pathways with landscaped areas on either side of the Temescal Creek culvert, and the eastern portion of the South Bayfront Pedestrian-Bicycle Overcrossing. The HLP Site added an approximately 1,100-foot-long segment and completed the connection between the northerly and southerly segments of the Emeryville Greenway. The Emeryville Greenway extends to the north and south of the HLP Site, and the South Bayfront Pedestrian-Bicycle Bridge Overcrossing, which spans the UPRR main line railroad tracks, provides a connection to the San Francisco Bay Trail through the Bay Street development to the west of the UPRR main line railroad tracks.

There are no occupied structures or buildings at the HLP Site, and the HLP Site was completely capped by the paved pedestrian and bicycle pathways, the embankment area below the paved ramp to the bridge, bridge footings, and clean import fill (approved by DTSC) in the landscaped areas. Potential exposure pathways to potentially exposed populations are, therefore, incomplete, except for future subsurface work under the cap, if needed. Given that chemicals of concern (COCs) in soil remain onsite under the HLP Site cap, preparation of a Soil Management Plan (SMP), an Operation and Maintenance Plan (O&M Plan) Katherine Brandt
DTSC
31 March 2026

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that will include annual inspections of the cap, and a Land Use Covenant (LUC) with groundwater use restrictions and requirements for evaluation of vapor intrusion risks if enclosed structures are planned in the future are appropriate.

Response To Comments
The DTSC Comment Letter included comments from DTSC’s Geological Services Branch (GSB), Human and Ecological Risk Office (HERO), ERA, and the Site project manager. DTSC comments and EKI’s responses are provided in Table 1 below. Given that the HLP Site has already been remediated and is completely capped, the City and EKI propose to address DTSC comments in the future SMP to be prepared for the HLP Site, as discussed below, instead of revising the Areas A to H PEA.

Table 1
Responses to DTSC Comments

RESPONSES TO ALEX WOODWARD, PG (GSB) COMMENTS
GSB Comment 1. Section 7.5.1 Arsenic in Soil Dataset: GSB recommends including a reference to the 2010 Site Cleanup Plan in Section 7.5.1 as that is the document in which the site-specific arsenic background data is presented.

Response: Comment noted. A reference to the Section 7.5.1 of the SCP will be added to the SMP.

GSB Comment 2. Section 10.2 Recommendations: The section recommends that a Soil Management Plan (SMP) be prepared along with a Land Use Covenant for Areas A through H.

GSB recommends that the SMP include a description of contingent measures if unanticipated subsurface conditions are encountered during soil disturbing activities given the Site’s history of rail use. Additionally, the SMP should include language regarding the potential for encountering groundwater if deeper excavations are conducted.

Response: The City and EKI agree with this recommendation. A SMP and LUC will be prepared for the HLP Site. The SMP will include a description of contingent measures if unanticipated subsurface conditions are encountered during soil disturbing activities and language regarding the potential for encountering groundwater if deeper excavations are conducted.

RESPONSES TO STACY SCHKODA, PHD (HERO) COMMENTS
HERO Comment 1. Screening levels (SLs): HERO recommends using the SLs provided in the April 2025 version of Human Health Risk Assessment (HHRA) Note 3 for comparison of sampling results and for human health risk assessment. If a SL for a chemical is not available in HHRA Note 3, please use the United States Environmental Protection Agency (USEPA) regional screening levels (RSL). Please include comparison to SLs for both a residential and a commercial/industrial scenario. a. Regional Water Quality Control Board (RWQCB): HERO supports using the RWQCB’s environmental screening levels (ESLs) for total petroleum hydrocarbons (TPH) only. Please note that the ESLs were updated in July 2025, and HERO recommends ensuring the ESLs in the Report are up to date with the current version.

Katherine Brandt
DTSC
31 March 2026

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Table 1
Responses to DTSC Comments
b. Construction Worker Scenario: In general, HERO recommends generating SLs for a construction worker scenario using the USEPA RSL Calculator. Please use the exposure factors in HHRA Note 1 and the toxicity criteria in HHRA Note 10 to generate these new SLs and include the input and outputs in an appendix. Please note that HHRA Note 1 and HHRA Note 10 were also updated in April 2025.
c. Tap Water: HERO recommends including tap water SLs in Table 3 (Summary of Analytical Results for Water Samples).
d. Groundwater Vapor Intrusion (VI): HERO recommends applying the default groundwater attenuation factors in the 2023 Supplemental Vapor Intrusion Guidance (SVIG) in combination with the chemical-specific Henry’s constant and the indoor air screening levels from HHRA Note 3 (or RSLs as appropriate) to generate groundwater VI SLs for volatile organic chemicals (VOCs). For more details about predicting indoor air concentrations using groundwater data, please consult Attachment 4 of the SVIG. Please include the calculated groundwater VI SLs in Table 3.

Response: Since remediation and development of the HLP Site has already been completed, the City and EKI propose to include the latest DTSC-SLs/RSLs (ESLs for TPH) in the SMP that will be prepared for the HLP Site instead of revising the Areas A to H PEA. Since there are no groundwater monitoring wells at the HLP Site and no occupied structures, tap water and vapor intrusion SLs are not needed for the HLP Site and would not be included in the SMP.

HERO Comment 2. Human health risk evaluation (HHRE).
a. Construction Worker Scenario: HERO recommends generating SLs for the construction worker scenario using chemical and receptor-specific information provided in HHRA Note 1 and Note 10. Please see Comment 1b for additional information. HERO does not support the use of the RWQCB’s ESLs for a construction worker scenario. b. Residential Scenario: HERO recommends using residential SLs in the HHRE in the absence of SLs for a recreational user. Please note that including a comparison of sampling results to residential SLs could inform the need for a land use covenant (LUC). HERO acknowledges that the current and expected future receptors at the Site under current conditions are generally recreational park users, and the Site is currently capped with clean fill and hardscape. c. Cumulative Risk Assessment: HERO recommends that the maximum concentrations of all detected chemicals and per all media from the most recent sampling event be included in the cumulative HHRE.
d. Toxicity Criteria: HERO recommends using the chemical-specific toxicity criteria provided in HHRA Note 10.
e. Uncertainty: HERO recommends including a section in a revised PEA which addresses uncertainty in the HHRE. Examples of uncertainty may include but are not limited to the use of composite and discrete samples, lack of soil gas sampling results, or use of SLs.

Response: See response to HERO Comment 1. Construction worker SLs will be developed in the SMP for the HLP Site.

Katherine Brandt
DTSC
31 March 2026

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Table 1
Responses to DTSC Comments
HERO Comment 3. Current Receptor Scenario: In recent aerial images available from Near Map and Google Maps, items are visible at and near the Site which may suggest unhoused persons may be present either at or near the site for a potentially extended period. HERO recommends stating how the remedy is protective of receptors living unhoused at the site.

Response: The HLP Site is completely capped so potential exposure pathways to COCs that remain in soil beneath the cap are incomplete, except for future subsurface work under the cap, if needed.

HERO Comment 4. Remedial Goals: HERO acknowledges that remedial goals were approved by DTSC in April 2010 in the Site Cleanup Plan (SCP). Remedial goals were generally selected based on the ESLs assuming direct exposure for residential scenario. DTSC-SLs and ESLs have been updated since this time, so HERO recommends a discussion of how the remedial goals, especially for lead and TPH as diesel, remain protective of human health. If site use were to change in the future, HERO recommends revisiting remedial goals at that time.

Response: Comment noted. A discussion of remedial goals and their applicability will be included in the SMP.

HERO Comment 5. Area I: HERO recommends stating if the planned Land Use Covenant (LUC) and site SMP for the Site will contain Area I, or if a LUC or SMP will be prepared separately for Area I.

Response: The SMP and LUC will include Area I, but since Area I was completely excavated and backfilled with DTSC-approved import material, the SMP requirements for future earthwork will not be applicable to Area I.

HERO Comment 6. Analytical Laboratory Reports: HERO recommends including the analytical laboratory reports for the discrete soil sampling results summarized in Table 2 and for the groundwater sampling results summarized in Table 3. Please include the reports as an appendix to the PEA.

Response: The laboratory reports will be included as an appendix to the SMP.

HERO Comment 7. New Figures:
a. Groundwater: HERO recommends including a figure which depicts the on- and off-site sampling locations, sampling depths, and concentrations of detected chemicals in groundwater.
b. Soil: HERO recommends including a figure which depicts the on- and off-site sampling locations, sampling depths, and concentrations of detected chemicals left in place at the Site.

Response: The requested figures will be provided in the SMP.

Katherine Brandt
DTSC
31 March 2026

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Table 1
Responses to DTSC Comments
RESPONSES TO DANIELLE L. CUCCHIARA, PHD (ERA) COMMENTS
ERA Comment 1. ERAS reviewed the Report for technical completeness and scientific content relevant to ecological risk assessment. Please refer to the ERAS website2 for the most recent EcoNOTES and other related guidance documents.

ERAS was unable to locate documentation or references to a prior ecological risk assessment (ERA).

Section 8.1 does not provide a reference to the Ecological Screening Evaluation (ESE) Report mentioned in the brief paragraph describing ESE. Additionally, Section 8.1 does not adequately describe the ESE. Considering the Site’s proximity to San Francisco/San Pablo Bay (approximately 1,500 feet) and the direct discharge of Temescal Creek into the Bay, potential pathways for ecological receptor exposure may exist. Based on the limited information provided, ERAS cannot determine whether the ESE adequately addresses these pathways or provides sufficient lines of evidence to eliminate potential ecological risks. ERAS recommends including a detailed summary of the ESE for all Contaminant of Potential Ecological Concern (COPECs) and site-specific pathways, appending the full ESE Report as an addendum, or providing a citation to the ESE Report. Guidance for ERA preparation is available in the Preliminary Endangerment Assessment Guidance (PEA) Document3 .

Response: Potential pathways for ecological receptors are incomplete because the HLP Site is completely capped.

RESPONSES TO KATHERINE BRANDT PG (PM) COMMENTS
Comment. A Sea Level Rise Vulnerability Assessment (SLRVA) should be completed to evaluate the potential exposure of the site to inundation driven by sea level rise and its associated impacts on the groundwater levels. This request is in response to the DTSC requirements under its Sea Level Rise Guidance to DTSC Project Managers for Cleanup Activities (DTSC 2024), specifying that “a Sea Level Rise vulnerability assessment (SLRVA) should be conducted to specifically evaluate the resilience of the remedy and wastes at the site to future SLR impacts.” Response: The City respectfully declines to prepare a SLRVA in connection with the Area A-H PEA. As noted above, before the advent of DTSC’s Sea Level Rise Guidance in 2024, DTSC approved the SCP for Areas A-H in 2010 and the PEA for Area I in Nov 2021. Notwithstanding DTSC’s approval of the SCP for Area A-H in 2010 pursuant to the MOU, the City submitted the Area A-H PEA in 2022 pursuant to the SVA as an accommodation to DTSC. Nevertheless, the City believes imposition of a requirement for preparation of a SLRVA pursuant to SLR Guidance that arose three years after the SVA was executed, two years after the PEA was submitted, and in a letter four years after the PEA was submitted is untimely and unreasonable.

Katherine Brandt
DTSC
31 March 2026

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Please call if you have questions or wish to discuss these responses in further detail.

Very truly yours,
EKI ENVIRONMENT & WATER, INC.

Earl James, PG Logan Hansen, PG Claudia Cuadrado, PE
Vice President Project Manager Project Engineer, QA/QC Reviewer cc: Thomas Price - DTSC
Maile Gee, PG – DTSC
Pedro Jimenez, Assistant City Manager – Successor Agency LaTanya Bellow, City Manager – Successor Agency
John Kennedy, Esq. – Successor Agency
Michael G. Biddle, Esq. – Burke, Williams & Sorenson, LLC Printed on Recycled Paper
https://dtsc.ca.gov/
July 20, 2026 SENT VIA ELECTRONIC MAIL
Mr. Pedro Jimenez
City of Emeryville
1333 Park Ave
Emeryville, California 95608
[email protected]

COMMENTS ON RESPONSES TO DTSC COMMENTS ON PRELIMINARY
ENDANGERMENT ASESSMENT, HORTON LANDING PARK – AREAS A THROUGH

H - HORTON LANDING PARK, STANFORD AVENUE AND HORTON STREET, EMERYVILLE, CALIFORNIA (SITE CODE 202245)
Dear Pedro Jimenez:

The Department of Toxic Substances Control (DTSC) has reviewed the March 31, 2026, Responses to DTSC Comments on Preliminary Endangerment Assessment (PEA), Horton Landing Park – Areas A Through H (RTC), for the Horton Landing Park site located at Standford Avenue and Horton Street, Emeryville, California (Site). The PEA was prepared by EKI Environment & Water Inc. (EKI) on behalf of the City of Emeryville (City) in September 2022. DTSC issued a comment letter to the City for the 2022 PEA on February 20, 2026. The PEA and RTC documents were prepared pursuant to the May 21, 2021 Standard Voluntary Agreement, Docket HSA-FY20/21-068, between the City of Emeryville and DTSC.

DTSC’s Geological Services Branch (GSB), Human and Ecological Risk Office (HERO) and HERO Ecological Risk Assessment (ERA) reviewed the RTC, and their comments are provided below:

Geology Comments (GSB)
GSB reviewed the RTC and noted that the GSB comments have been addressed.

Pedro Jimenez
July 20, 2026

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Toxicology Comments (HERO)
• HERO Comment 1: Screening levels. HERO recommends that previous comments

1.a, 1.c, and 1.d are addressed in a revised PEA. Groundwater vapor intrusion is evaluated in the human health risk evaluation in the PEA, and HERO recommends that the correct screening levels are used in this evaluation for accuracy and for completeness. Groundwater vapor intrusion screening levels are also pertinent to HERO Comment 2 regarding the human health risk evaluation. Comment 1.b may be addressed in a future SMP.
• HERO Comment 2: Human health risk evaluation (HHRE). Because the conclusions of the HHRE may be used to inform future risk management decisions at the Site, HERO recommends including an updated HHRE and addressing previous HERO comments 2.b, 2.c, and 2.d in a revised PEA. Comment 2.a may be addressed in a future SMP.
• HERO Comment 4: Remedial goals. HERO acknowledges that the remedial activities described in the Site Cleanup Plan (EKI Environment & Water, Inc.) dated March 2010 and conditionally approved by DTSC on April 27, 2010, have been completed prior to submittal of the PEA. Because the conclusions of the HHRE included in this PEA may be used to inform future risk management decisions at the Site, HERO recommends including a brief statement which addresses the protectiveness of the remedial goals for current receptors in a revised PEA.

Toxicology Comments (ERA)
ERA Comment 1: ERAS notes the response (Potential pathways for ecological receptors are incomplete because the HLP Site is completely capped) and disagrees that the condition of being completely capped eliminates all potential pathways. For example, contaminants in soil can migrate to groundwater and groundwater can migrate to surface water or to off-site, non-capped areas. If all potential pathways are covered in the Ecological Screening Evaluation (ESE) ERAS recommends adding text to the PEA to explain that or a reference to the ESE to support the claim that all potential pathways are incomplete. If no document exists DTSC requests that an ESE be completed in a future annual report or as a stand-alone document.

Project Management Comments
Project Management notes the response regarding inclusion of a Sea Level Rise Vulnerability Assessment (SLRVA) in the revised PEA. DTSC requests that the PEA include language acknowledging that long-term stewardship at the Site will be established Pedro Jimenez
July 20, 2026

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through future DTSC decision documents which will include a Land Use Covenant (LUC), an Operation and Maintenance (O&M) Plan, and an O&M Agreement. These instruments will define ongoing monitoring, reporting, and re-evaluation requirements for the Site.

Project Management further requests that the revised PEA clearly state that both an Ecological Screening Evaluation and a SLRVA will be incorporated into a future document, such as a standalone investigation report, the next annual report, or the first five-year review. These documents will be required under the future LUC, O&M Plan, and O&M Agreement. A SLRVA does not need to be developed as part of the PEA at this time; however, the PEA should include a statement that the City will complete and update a SLRVA as part of long-term O&M reporting obligations established in the future LUC, O&M Plan, and O&M Agreement.

If you have any questions, you can reach Katherine Brandt, the Project Manager, by phone at (510) 540-3376 or via email at [email protected], or Maile Gee by phone at (714) 733-3749 or via email at [email protected].

Sincerely,
Maile S. Gee, PG
Unit Supervisor
DTSC - Site Mitigation and Restoration Program
Reviewer
Alex Woodward, PG
Engineering Geologist
GSB – Berkeley
Stacy Schkoda, PhD
Associate Toxicologist
HERO – Sacramento – Cal Center
Danielle L. Cucchiara, PhD
Associate Toxicologist
HERO - ERA – Sacramento – Cal Center
Pedro Jimenez
July 20, 2026

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cc: (via email)
Katherine Brandt, PG
Project Manager
DTSC - Site Mitigation and Restoration Program
[email protected]
LaTanya Bellow
City Manager
City of Emeryville
[email protected]
Dana Barton
Branch Chief
DTSC - Site Mitigation and Restoration Program
[email protected]
Loga Hansen, PG
EKI Environment & Water, Inc
[email protected]
Earl James, PG
EKI Environment & Water, Inc
[email protected]
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH EKI ENVIRONMENT & WATER, INC. TO INCREASE THE TOTAL COMPENSATION BY $94,000, FOR A TOTAL AMOUNT NOT TO EXCEED $535,500, FOR ADDITIONAL ENVIRONMENTAL SERVICES RELATED TO HORTON LANDING PARK, EPW 17-112 (CIP NO. 16475006)
WHEREAS, the City of Emeryville (City) entered into a Professional Services Agreement with EKI Environment & Water, Inc. (EKI) for environmental investigation, remediation planning, construction support, monitoring, and regulatory reporting associated with Horton Landing Park and the South Bayfront Pedestrian Bicycle Bridge Project; and WHEREAS, the City Council previously authorized amendments to the agreement that increased the authorized compensation to $441,500 and expanded EKI's scope to support remediation, regulatory reporting, and work associated with the California Department of Toxic Substances Control (DTSC) voluntary oversight process; and WHEREAS, in May 2021 the City entered into a Standard Voluntary Agreement with DTSC for environmental oversight of Horton Landing Park, and EKI subsequently prepared and submitted a Preliminary Endangerment Assessment (PEA) for Areas A through H of the site; and
WHEREAS, DTSC issued comments on the PEA in February 2026, EKI responded on behalf of the City on March 31, 2026, and DTSC issued additional comments on July 20, 2026 identifying work necessary to finalize the PEA and establish long-term environmental monitoring, reporting, maintenance, and land-use controls for the site; and WHEREAS, DTSC has identified remaining work involving human health risk evaluation, ecological risk, long-term site management, operation and maintenance requirements, land use restrictions, and sea level rise vulnerability; and WHEREAS, EKI proposes a total budget of $94,000 for the additional services, which would increase the total not-to-exceed amount of the agreement from $441,500 to $535,500; and
WHEREAS, there is sufficient funding for this work in Project 16475006 Fund 473; and WHEREAS, the City Council finds that completing the additional environmental and regulatory work is necessary to address DTSC requirements and establish appropriate long-term stewardship of Horton Landing Park; now, therefore, be it RESOLVED, by the City Council of the City of Emeryville, that the City Manager is hereby authorized to execute Amendment No. 5 to the Professional Services Agreement with EKI Environment & Water, Inc., substantially in accordance with the scope and budget Resolution No. _____
EKI Environment & Water, Inc. 5th Amendment
City Council Meeting | September 1, 2026

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attached hereto as Exhibit A, increasing the authorized compensation by $94,000, from $441,500 to a total amount not to exceed $535,500; and, be it, further RESOLVED, by the City Council of the City of Emeryville, that the City Manager is authorized to take such actions and execute such documents as are necessary to implement Amendment No. 5, subject to approval as to form by the City Attorney, provided that such actions do not increase the total not-to-exceed compensation authorized by this Resolution.

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held September 1, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK SPECIAL COUNSEL

ATTACHMENTS
▪ Exhibit A – EKI Environment & Water, Inc. 5th Amendment City of Emeryville

C A L I F O R N I A

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

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

Resolution No. Project No.

REV01/2025

FIFTH AMENDMENT

THIS FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of ____________________ (the “Effective Date”), by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and EKI ENVIRONMENT & WATER, INC. (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.

W I T N E S S E T H T H A T
WHEREAS, the City and Contractor entered into a Professional Services Contract dated August 25, 2017 (“Contract”) for the purpose of retaining the services of Contractor to provide environmental services regarding the Horton Landing Park property; and
WHEREAS, the City and Contractor amended the Contract on July 11, 2019 for a time extension (Amendment 1), on February 18, 2020 for time, work scope and budget augmentation (Amendment 2), on April 19, 2022 for work scope and budget augmentation (Amendment 3), and on August 22, 2022 for work scope and budget augmentation (Amendment 4); and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.

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

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

1.1 Exhibit A
 Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-5;
OR
 Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-5, attached hereto and incorporated herein by this reference.

Docusign Envelope ID: B7AEAF87-30F4-8B8C-8243-0B54E2595C8E City of Emeryville | Professional Services Contract Amendment REV01/2025

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1.2 Termination Date
 The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to DECEMBER 31, 2028.

1.3 Total Compensation Amount
 The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by NINETY-FOUR THOUSAND DOLLARS AND NO CENTS ($94,000.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed FIVE HUNDRED

THIRTY-FIVE THOUS AND FIVE HUNDRED DOLLARS AND NO
CENTS ($535,500.00).

From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.

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

SIGNATURES ON FOLLOWING PAGE
Docusign Envelope ID: B7AEAF87-30F4-8B8C-8243-0B54E2595C8E City of Emeryville | Professional Services Contract Amendment REV01/2025

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6. SIGNATURE PAGE TO PROFESSIONAL SERVICES CONTRACT

FIFTH AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
LaTanya Bellow, City Manager
Dated: EKI ENVIRONMENT & WATER, INC.
(Signature)
Earl James, Vice President
Attach:

W-9 Form
Attach:

Business License
Certificate
Attach:

Insurance Certificate
and Endorsements
Docusign Envelope ID: B7AEAF87-30F4-8B8C-8243-0B54E2595C8E 08/19/2026
Corporate Office
2001 Junipero Serra Boulevard, Suite 300
Daly City, CA 94014
(650) 292-9100
ekiconsult.com
6 August 2026
Pedro Jimenez
Assistant City Manager
City of Emeryville
1333 Park Avenue
Emeryville, California 94608
Subject: Work Scope and Budget Augmentation — Amendment 5 for Requested Additional Environmental Services Regarding DTSC Voluntary Oversight Agreement Horton Landing Park, Emeryville, California
(EKI B70013.02)
Dear Mr. Jimenez:

EKI Environment & Water, Inc. (EKI) is pleased to submit this budget augmentation proposal for requested additional environmental services regarding the Horton Landing Park property (the HLP Site) in Emeryville, California. These services are proposed in accordance with terms in our agreement dated 25 August 2017 (Original Agreement) that was amended on: (a) 11 July 2019 for a Time Extension (Amendment 1); (b) 18 February 2020 for Time, Work Scope and Budget Augmentation (Amendment 2); (c) 19 April 2022 for Work Scope and Budget Augmentation (Amendment 3); and (d) 22 August 2022 for Work Scope and Budget Augmentation (Amendment 4).

In May 2021, the City of Emeryville (City) entered into a Standard Voluntary Agreement (SVA) with the California Department of Toxic Substances Control (DTSC) for environmental oversight of the HLP Site. As requested by DTSC, EKI prepared a Preliminary Endangerment Assessment (PEA) report for Areas A to H of the HLP Site (PEA) that was submitted to DTSC on 13 August 2022. The PEA summarized the historical uses, investigations, and remedial actions completed for Areas A to H performed in accordance with EKI’s Site Cleanup Plan, Horton Landing Park, Emeryville, California, dated March 2010 (SCP).

DTSC issued comments on the PEA in a letter dated 20 February 2026. On behalf of the City, EKI responded to DTSC’s comments in a letter dated 31 March 2026 (EKI RTC Letter). In a letter dated 20 July 2026, DTSC issued comments on the EKI RTC Letter, which summarized the steps required to finalize the PEA and also the additional documents required by DTSC that will define ongoing long-term environmental monitoring, reporting, and re-evaluation requirements for the Site (DTSC 20 July 2026 Letter). As requested by the City, Area I, a 0.15-acre parcel located in the southwestern corner of the HLP Site, will be incorporated into the long-term environmental management documents. As summarized in the DTSC 20 July 2026 Letter, the following items need to be addressed:
• Revise and finalize the PEA;
• Prepare Site Management Plan (SMP) and Redevelopment Summary; • Prepare Sea Level Rise Vulnerability Assessment (SLRVA); • Prepare Ecological Risk Assessment (ERA); and
Exhibit A
Docusign Envelope ID: B7AEAF87-30F4-8B8C-8243-0B54E2595C8E Pedro Jimenez
City of Emeryville
6 August 2026

Page 2 of 5 ends

• Prepare Operation & Maintenance Plan (O&M Plan).
• Execute Operation & Maintenance Agreement (O&M Agreement) between City and DTSC; and • Execute Land Use Covenant (LUC).

Therefore, as requested by the City, this proposal includes budget to address these items. Detailed descriptions of the scope of work is provided below.

PROPOSED SCOPE OF WORK
Task 1 – Revise and Finalize the PEA
EKI will revise the draft PEA based upon the comments received from DTSC, including: (a) revisions and updates to the cleanup goals and calculating new goals for residential risk and future construction workers, (b) updating the screening level exceedances, (c) updating the human health risk evaluation with an uncertainty analysis, and (d) revising the report figures.

The revised PEA will be provided to the City for review and comment prior to submittal to DTSC. Budget for this task includes making additional revisions to finalize the document in accordance with an additional round of DTSC comments.

Task 2 – Prepare Site Management Plan and Redevelopment Summary For this task, EKI will prepare an SMP and summary of redevelopment for the HLP Site. In accordance with the EKI RTC Letter, details of the redevelopment of the HLP Site, including Areas A-H and Area I, will be included in the SMP. The SMP will also include descriptions, figures, and detailed drawings of the bridge construction, hardscape, and landscaped areas.

The SMP will identify soil management and disposal protocols that will be implemented during future earthwork at the Site to minimize the potential for exposure to chemicals of concern that may be present in soil at the HLP Site. Based upon EKI’s experience preparing these documents, the SMP is anticipated to include the following:
• A description of current and potential future land uses of the Site; • Descriptions of administrative or engineering controls to protect human health or the • environment, if needed;
• General soil management procedures during future earthwork activities (e.g., sampling of soils that exhibit visual staining or odors and testing of soils prior to off-Site disposal); • General procedures in the event that artifacts are encountered during earthwork activities; and • Requirements for development of Health and Safety plans by contractors performing work at the Site.

Docusign Envelope ID: B7AEAF87-30F4-8B8C-8243-0B54E2595C8E Pedro Jimenez
City of Emeryville
6 August 2026

Page 3 of 5 ends

The SMP will contain summary data tables and figures that will show chemicals of potential concern in the subsurface at the Site, and comparison of the data to potentially applicable environmental regulatory agency screening levels for construction worker protection.

The draft SMP will be prepared for review by City. After receipt of comments by City, EKI will revise the SMP and submit the draft SMP to DTSC for review. Budget for this task assumes EKI will have to revise the draft SMP based upon comments provided by DTSC.

Task 3 – Prepare Sea Level Rise Vulnerability Assessment For this task, EKI will perform an analysis of the potential effects of Sea Level Rise (SLR) at the Site. Given that the Water Board is still developing guidance for the performance of SLR assessments, the SLR analysis will be performed in accordance with the Sea Level Rise Guidance to DTSC Project Managers for Cleanup Activities (SLR Guidance) issued by the California Department of Toxics Substance Control (DTSC), dated February 2023.

As detailed in the SLR Guidance, the analysis should include the potential effects of SLR on the current environmental conditions at the Site and future risk management measures detailed in the SMP. Based upon initial review of the SLR Guidance, the analysis will address the following:
• Evaluation of the performance of the current remedy at the Site (i.e., capped areas) under current and future SLR conditions.
• Consideration of SLR impacts on land use restrictions. • Long-term O&M and inspection of capped areas under current and future SLR conditions, and any necessary modifications.

The SLR analyses will be summarized in a written SLRVA memorandum. EKI will prepare the draft SLRVA memo for review by the City and make any necessary changes to the document in accordance with comments received from the City. The draft SLVRA memo will then be submitted to DTSC for review and comment. Upon receipt of comments from DTSC, EKI will revise and finalize the memorandum.

Task 4 – Prepare Ecological Risk Assessment
For this task, EKI will retain a subconsultant, ERM-West, Inc. (ERM), that specializes in performing ecological risk assessments (ERA), to assist EKI with responding to the comments in the DTSC comment letters. As part of the ERA, EKI and ERM will address exposure pathways to chemicals of concern that remain at the Site or provide sufficient lines of evidence to eliminate potential ecological risks.

The draft ERA will be submitted to the for review and comment prior to submittal to DTSC. If the draft ERA is not acceptable to DTSC or if the work effort is significantly greater than the budget estimated for this task, EKI will request additional budget to complete this task.

Task 5 – Prepare Operations and Maintenance Plan
EKI will prepare an Operations and Maintenance Plan (O&M Plan) that will include procedures to document long-term compliance with the Land Use Covenant (LUC) for the Site. Based upon the Docusign Envelope ID: B7AEAF87-30F4-8B8C-8243-0B54E2595C8E Pedro Jimenez
City of Emeryville
6 August 2026

Page 4 of 5 ends

remediation and redevelopment activities conducted at the Site, the following procedures and tasks are likely to be included in the O&M Plan:
• Inspection and maintenance requirements;
• Procedures for subsurface work that may disturb the capped soils; • Annual inspection of the Site cap;
• Preparation of 5-year reviews of the implemented remedial actions, as required by DTSC.

The draft O&M Plan will be submitted to the City and City’s legal representative for review and comment.

Following these reviews, EKI will revise the O&M Plan, as needed, and the final draft O&M Plan will be submitted to DTSC for approval.

Task 6 – Execute Operations and Maintenance Agreement
In accordance with O&M Plan, EKI will prepare and/or assist City’s legal representative with preparation of a draft O&M Agreement between the City and DTSC, which will require that the Site cap be left in place and continued operation and maintenance of the Site will be performed in accordance with the final approved O&M Plan.

The draft O&M Agreement will be submitted to the City and City’s legal representative for review and comment. Following these reviews, EKI will revise the O&M Agreement, as needed, and the final draft O&M Agreement will be submitted to City and DTSC for approval.

EKI, City, and City’s legal representative will respond to City and DTSC comments and revise the O&M Agreement, as needed, in order to obtain approval. Budget for EKI personnel to attend conference calls or meetings with City, City’s legal representative, and DTSC staff has been included in this task.

It is EKI’s understanding that DTSC will not require the City to provide Financial Assurance for future Site maintenance.

Task 7 – Execute Land Use Covenant
EKI will prepare or assist the City’s legal representative with the preparation of a draft LUC between the City and DTSC, which will place environmental restrictions on the property in accordance with the implemented remediation activities and capping of the Site. The LUC will also include a Legal Description of the entire legal parcel(s) and a Legal Description(s) and surveyed limits of any restricted areas of the Site, if required.

The draft LUC will be submitted to the City and City’s legal representative for review and comment.

Following these reviews, EKI will revise the LUC, as needed, and the final draft LUC will be submitted to the City and DTSC for approval. EKI, City, and City’s legal representative will respond to DTSC comments and revise the LUC, as needed, in order to obtain approval.

Budget for this task includes approximately $5,000 for EKI to retain a licensed surveyor to prepare legal description(s) of the deed restricted properties (i.e., Areas A-H and Area I).

Docusign Envelope ID: B7AEAF87-30F4-8B8C-8243-0B54E2595C8E Pedro Jimenez
City of Emeryville
6 August 2026

Page 5 of 5 ends

Schedule
EKI is prepared to begin work immediately on this project.

Budget
Compensation for consulting services by EKI Environment & Water, Inc. will be on a time and expense reimbursement basis in accordance with our Schedule of Charges as amended for the City of Emeryville, the most current Schedule dated 2 January 2026. We propose a total budget of $94,000 for the performance of Tasks 1 to 7, described above, which will not be exceeded without additional authorization. A breakdown of the budget by task is provided below.

We are pleased to have the opportunity to work with you on this project.

If you have any questions, please call either of the undersigned at 650-292-9100.

Very truly yours,
EKI ENVIRONMENT & WATER, INC.

Logan Hansen, P.G. Earl James, P.G.

Supervising Geologist Vice President
cc: Mohamed Alaoui, City of Emeryville
Task Estimated Budget
1 Revise and Finalize PEA $ 15,000
2 Prepare SMP and Redevelopment Summary $ 28,000
3 Prepare Sea Level Rise Vulnerability Assessment $ 7,000 4 Prepare Ecological Risk Assessment $ 18,000
5 Prepare O&M Plan $ 13,000
6 Execute O&M Agreement $ 5,000
7 Execute Land Use Covenant $ 8,000
Total Proposed Budget $ 94,000
Docusign Envelope ID: B7AEAF87-30F4-8B8C-8243-0B54E2595C8E City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: September 1, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Sharon Friedrichsen, Finance Director
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ESTABLISHING THE FISCAL YEAR 2027 PROPERTY TAX LEVY
RATES OF $44.61 PER $100,000 IN ASSESSED VALUE FOR THE
SECURED TAX ROLL AND $47.30 PER $100,000 IN ASSESSED VALUE FOR THE UNSECURED TAX ROLL FOR THE CITY OF EMERYVILLE’S

MEASURE C (AFFORDABLE HOUSING BOND) GENERAL
OBLIGATION BOND SERIES 2023 INDEBTEDNESS

RECOMMENDATION
Staff recommends that City Council adopt the above-entitled resolution approving the establishment of the Fiscal Year 2027 property tax levy rate of $44.61 per $100,000 in Assessed Values for the secured and utility tax roll and property tax levy rate of $47.30 per $100,000 in Assessed Values for the unsecured tax roll for the City of Emeryville’s Measure C (Affordable Housing) General Obligation (“GO”) Bond Series 2023.

BACKGROUND
On March 6, 2018, the City Council authorized placement of a $50 million affordable housing bond initiative on the June 5, 2018 ballot to finance the development of affordable housing projects within the City of Emeryville. This ballot initiative (Measure C) was approved by over two-thirds of the Emeryville voters. Measure C allows the City of Emeryville to issue $50 million in general obligation (GO) bonds, which will to be repaid with the voter-approved supplemental ad valorem taxes, to support the City’s Housing Element and other General Plan policies by financing affordable housing development costs for extremely low, very low, and low-income households as well as for persons with special needs.

On March 2, 2021, the City Council adopted the Affordable Housing Bond Administration and Expenditure Plan that guides the expenditure of the $50,000,000 in Measure C Affordable Housing Bond proceeds.

On February 21, 2023, the City Council adopted a resolution, authorizing the issuance and sale of up to $50,000,000 of the City’s 2023 GO Bonds and related actions.

On April 4, 2023, the City Council adopted a resolution, approving the forms and authorizing the distribution of a notice of intention to sell bonds, a notice of sale and a preliminary official statement, and sale of the City’s 2023 GO Bonds.

FY27 Measure C Tax Levy
City Council Meeting | September 1, 2026

Page 2 of 3 ends

On September 5, 2023, the City Council established the Measure C tax levy for fiscal year 2023-2024 and subsequently has adopted a resolution annually since 2023 to levy the tax. The purpose of this agenda item is to establish the tax levy for fiscal year 2026- 2027 in order to pay the debt service on the bonds.

DISCUSSION
Debt service payments on the Measure C bonds are paid through ad valorem taxes on all taxable land and improvements. Staff is seeking Council approval of the attached resolution, which authorizes the placement of an ad valorem property tax levy in the amount of $0.04461 per $100 or $44.61 per $100,000 in assessed values for the secured and utility tax roll. Secured property taxes are assessed against real property such as land and buildings. As an example of how the tax would be calculated, a home with an assessed value of $400,000 would be assessed $178.44 (4 x $44.61).

Unsecured property taxes are those whose payment is not secured by property and may include boats, airplanes, office furniture, machinery, etc. In accordance with Alameda County methodology, the prior year’s secured tax rate becomes this year’s unsecured tax rate; as a result, the unsecured rate for fiscal year 2026-2027 will be $0.04730 per $100 or $47.30 per $100,000.

The Measure C Tax Rate Statement included in the ballot materials when this measure was before the voters included:
(a) The best estimate from official sources of the average annual tax rate that would be required to be levied to fund that bond issue over the entire duration of the bond debt service, based on assessed valuations available at the time of the election or a projection based on experience within the same jurisdiction or other demonstrable factors of 4.912 cents per $100 of assessed valuation of all property to be taxed; and
(b) The best estimate from official sources of the highest tax rate that would be required to be levied to fund that bond issue, and an estimate of the year in which that rate would apply, based on assessed valuations available at the time of the election or a projection based on experience within the same jurisdiction or other demonstrable factors was 6.335 cents per $100 of assessed valuation of all property to be taxed. The best estimate of the year in which the highest tax rate would apply was anticipated to be 2019-20.

STRATEGIC PLAN CONNECTION
This algins with the goal of a Livable, Safe and Vibrant Community.

FY27 Measure C Tax Levy
City Council Meeting | September 1, 2026

Page 3 of 3 ends

FISCAL IMPACT
The Bonds are payable from supplemental ad valorem taxes levied upon all taxable property in the City. The City is authorized and obligated to levy and collect ad valorem taxes in an amount sufficient to pay the debt service, including the principal and interest due on the GO Bonds. Based on fiscal year 2026-2027 assessed valuation, the estimated average property tax rate levy required to pay for the GO Bonds’ annual debt service of approximately $3.5 million is $0.04730 per $100 for the secured and utility tax roll and $0.04366 per $100 for the unsecured roll.

The City is required to make the debt service payments on the bonds. Without the levy, the City would be required to find an alternative funding source as the City is required to make its annual debt service payments.

STAFF COMMUNICATION WITH THE PUBLIC
None.

CONFLICT OF INTEREST
None.

CONCLUSION
Staff recommends that the City Council adopt the above-entitled resolution approving the establishment of the fiscla year 2027 property tax levy for the City of Emeryville’s Measure C General Obligation Bond Series 2023.

PREPARED BY: Sharon Friedrichsen, Finance Director

ATTACHMENTS
▪ Draft Resolution
➢ Exhibit A – Tax Rate Calculation based on FY 2027 Assessed Values RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ESTABLISHING THE FISCAL YEAR 2027 PROPERTY TAX LEVY RATES OF $44.61 PER $100,000 IN ASSESSED VALUE FOR THE SECURED TAX ROLL AND $47.30 PER $100,000 IN ASSESSED VALUE FOR THE UNSECURED TAX ROLL FOR THE CITY OF EMERYVILLE’S MEASURE C (AFFORDABLE HOUSING BOND) GENERAL OBLIGATION BOND SERIES 2023 INDEBTEDNESS
WHEREAS, on March 6, 2018, the City Council authorized placement of a $50,000,000 Measure C affordable housing bond initiative on the June 5, 2018, ballot to finance the development of affordable housing projects with the City of Emeryville (“City”); and WHEREAS, at the June 5, 2018, general election, over two-thirds of Emeryville voters approved Measure C authorizing the issuance and sale of a not to exceed amount of $50,000,000 in General Obligation Bonds (the “Authorization”); and WHEREAS, pursuant to the Authorization, the City issued $50,000,000 of General Obligation Bonds (Series 2023) (“GO Bonds”) in April 2023; and WHEREAS, the City is obligated to levy ad valorem taxes on all property within the City that is subject to taxation by the City, without limitation on the rate or amount (except with respect to certain personal property which is taxed at limited rates) for the payment of the debt service on the GO Bonds; and
WHEREAS, the City is obligated to direct the Alameda County to collect such ad valorem taxes in such amounts and at such times as is necessary to ensure the timely payment of debt service on the GO Bonds; and
WHEREAS, the amount of annual ad valorem tax levied by the City to repay the GO Bonds is determined by the relationship between the assessed valuation of taxable property in the City and the amount of debt service due on the GO Bonds; and WHEREAS, California Revenue and Taxation Code, Section 2237.5 states “…for purposes of computing tax rates on the unsecured tax roll, the county auditor may add to the 1-percent rate the rate levied on the prior year’s secured tax roll for indebtedness approved by the voters…”; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville, pursuant to the Authorization, to establish an ad valorem property tax to be levied on all land and improvements in the City of Emeryville during Fiscal Year 2026-2027 in the amount of $0.04461 per $100 in assessed value for the secured and utility tax roll based on the calculations set forth in the attached Exhibit “A”; and, be it, further
RESOLVED, by the City Council of the City of Emeryville, pursuant to the Authorization, to establish an ad valorem property tax to be levied on all land and improvements in the City of Emeryville during Fiscal Year 2027 in the amount of $0.04730 per $100 in Resolution No. _____
FY27 Measure C Tax Levy
City Council Meeting | September 1, 2026

Page 2 of 2 ends

assessed value for the unsecured tax roll based on the calculations set forth in the attached Exhibit “A”; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that the City’s Finance Director shall cause a certified copy of this Resolution to be delivered to the Auditor-Controller Agency of Alameda County, establishing a Fiscal Year 2027 property tax levy rate to be paid as established by this resolution; and be it, further RESOLVED, that the City Council of the City of Emeryville finds that this is not a project under the California Environmental Quality Act, and, therefore, no environmental review is necessary.

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held September 1, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK SPECIAL COUNSEL

ATTACHMENTS
▪ Exhibit A – Tax Rate Calculation Based on Fiscal Year 2027 Assessed Values Exhibit A
A.) Assessed Valuation
1) 2026-27 Taxable Secured Assessed Valuation (AV) $7,110,499,441.00 2) Less: Estimated Delinquency 0.58% (41,163,816.89)
3) Net Taxable Secured AV $7,069,335,624.11
4) 2026-27 Taxable Unsecured AV $835,865,463.00
5) Less: Estimated Delinquency 0.07% (568,837.46)
6) Net Taxable Unsecured AV $835,296,625.54
7) Total Assessed Valuation (AV) $7,904,632,249.66
B.) Tax Levy Requirement
8) 2026-27 Debt Service Payments
9) 2023 GO Bonds - February 1, 2027 $1,191,916.25
10) 2023 GO Bonds - August 1, 2027 2,356,916.25
11) Total 2026-27 Debt Service Payments $3,548,832.50
12) Excess Funds on Hand Applied toward Debt Service $0.00 13) Subtotal $3,548,832.50
14) Total 2026-27 Annual Debt Service Requirement $3,548,832.50 C.) Tax Rate
15) $0.04730
16) $47.30
17) 2026-27 Estimated Revenue from Unsecured AV (line 6 divide by 100 times by line 15) $395,100.11 18) 2026-27 Estimated Revenue from Secured AV (line 14 minus line 17) 3,153,732.39 19) Total 2026-27 Annual Debt Service Requirement $3,548,832.50 20) $0.04461
21) 2026-27 Secured Tax Rate per $100,000 of Secured AV (line 18 divided by line 3 times 100,000) $44.61 2026-27 Unsecured Tax Rate per $100 of Unsecured AV (Prior Year's Secured Tax Rate) 2026-27 Unsecured Tax Rate per $100,000 of Unsecured AV 2026-27 Secured Tax Rate per $100 of Secured AV (line 18 divided by line 3 times 100) City of Emeryville
General Obligation (GO) Bonds, Election of 2018, Series 2023 Tax Rate Calculation Based on 2026-27 Assessed Values
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: September 1, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: April Foran, City Clerk
SUBJECT: LEAGUE OF CALIFORNIA CITIES 2026 ANNUAL CONFERENCE

RESOLUTION PACKET

RECOMMENDATION
Staff recommends that the City Council discuss and determine a position on the League of California Cities resolution to be voted on by Mayor Kaur as the voting delegate at the League of California Cities Annual Conference and Expo September 23-25, 2026, in Anaheim.

DISCUSSION
The League Conference Resolution Packet is Attachment A to this staff report and contains the proposed resolution, background information, supporting letters from cities and city officials, and an analysis of the resolution by the League of California Cities.

The packet also includes detailed information on the resolution process and next steps.

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

STAFF COMMUNICATION WITH THE PUBLIC
There has been no staff communication with the public.

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

CONCLUSION
Staff recommends that the City Council discuss and determine a position on the League of California Cities resolution.

PREPARED BY: April Foran, City Clerk

ATTACHMENTS
▪ Attachment A – League Conference Resolution Packet
2025-2026

CAL CITIES OFFICERS
President
Gabe Quinto
Mayor
El Cerrito
First Vice President
Teresa Acosta
Council Member
Carlsbad
Second Vice President
David Cohen
Council Member
San Jose
Immediate Past President
Lynne B. Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 10, 2026
TO: Cal Cities Members
RE: Cal Cities 2026 Resolution Packet
Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the July 25 deadline.

The attached packet contains the proposed resolution, background information, supporting letters from cities and city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process and the next steps for the resolution.

We encourage each city council to consider the resolution and determine a position so your voting delegate can represent your city’s position on the resolution.

Voting Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Tuesday, Sept. 1, 2026. The voting delegate packet contains more information.

The 2026 General Assembly will be held Friday, Sept. 25, at 8:30 a.m. in the Anaheim Convention Center during the Annual Conference and Expo.

For questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.
2026
Resolution
Packet
2026 Resolution Packet
Information on 2026 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, Cal Cities President Gabe Quinto has referred the submitted resolution to the Housing, Community, and Economic Development Committee. The committee will meet on Thursday, Sept. 17, at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.

A list of recommendations the policy committee may make during its meeting is on page two of this packet.

Consideration by Resolutions Committee (during conference) On Thursday, Sept. 24, at 1:00 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.

The Resolutions Committee consist of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.

A list of recommendations the Resolutions Committee may make during its meeting is on page two of this packet.

Consideration by the General Assembly (during conference) The General Assembly will convene on Friday, Sept. 25, at 8:30 a.m. to consider any resolutions the Resolutions Committee has forwarded. To vote during the General Assembly, voting delegates must have checked in at the voting delegate booth.

Conference attendees will receive materials for the General Assembly on the evening of Thursday, Sept. 24. For more information on voting and discussion procedures during the General Assembly, see page three of this packet.

Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 2026 Resolution Packet
Policy Committee and Resolutions Committee Actions
The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The table below shows what recommendations these bodies may make on the resolution.

Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve Amend and approve
Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)
Additional amendments and refer to
appropriate policy committee for
further study*
*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly. 2 2026 Resolution Packet
General Assembly Voting and Discussion Procedures
Discussion Procedures:

Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.

For General Resolutions:

Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly
For Petitioned Resolutions:

Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly
Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. If an item is set aside, it will be opened for discussion, followed by a vote.

Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.

Voting Procedures:

Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome, a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.
3 2026 Resolution Packet
2026 Resolution

1. Resolution No. 1 submitted by City of Murrieta
• Letters of concurrence submitted by:
i. City of Banning;
ii. City of Calimesa;
iii. City of Canyon Lake;
iv. City of Moreno Valley;
v. City of Norco;
vi. City of Torrance;
vii. Crystal Ruiz, Mayor, City of San Jacinto;
viii. Jessica Alexander, Mayor, City of Temecula
• Referred to Housing, Community, and Economic Development Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:
4 2026 Resolution Packet
Resolution No. 1
Submitted by City of Murietta
5 2026 Resolution Packet

1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES

CALLING FOR A WORKING GROUP TO CONSIDER A STATE CONSTITUTIONAL

AMENDMENT OR OTHER FORM OF INITIATIVE TO ENSURE FINAL LOCAL AUTHORITY OVER

HOUSING AND LAND USE DECISIONS
Source: City of Murrieta
Concurrence of five or more cities/city officials
Cities/city officials: City of Banning; City of Calimesa; City of Canyon Lake; City of Moreno Valley; City of Norco; City of Torrance; Crystal Ruiz, Mayor, City of San Jacinto; Jessica Alexander, Mayor, City of Temecula
Referred to: Housing, Community, and Economic Development Policy Committee WHEREAS, California cities have historically been responsible for adopting general plans and zoning regulations, reviewing housing development proposals, and providing or coordinating the streets, water, wastewater, public safety, parks, transportation, and other infrastructure and services necessary to support responsible, environmentally sound, and well-planned residential growth; and
WHEREAS, the League of California Cities is dedicated to protecting and expanding local control for municipalities across the state to ensure their orderly growth and development; and
WHEREAS, the League of California Cities recognizes that local zoning is a primary function of cities and an essential component of home rule, and that a city’s general plan should guide its land use planning and strategic decision-making free from pre-emption by the state; and
WHEREAS, increasingly prescriptive statewide housing mandates and development approval requirements can override locally adopted plans, zoning standards, and public review procedures without adequately accounting for differences that exist in each unique jurisdiction in infrastructure capacity, water availability, wildfire and evacuation risks, environmental constraints, fiscal impacts, public service needs, and community priorities; and
WHEREAS, California’s housing goals can be more effectively advanced through state funding, streamlined environmental requirements, and voluntary partnerships that support housing production while preserving the authority of locally elected officials to determine how and where housing is best planned and approved; NOW, THEREFORE, BE IT RESOLVED, by the General Assembly of the League of California Cities, assembled during the Annual Conference in Anaheim, California, on September 25, 2026, that the League of California Cities support the development and advancement of a state constitutional amendment or other legislative, policy, or ballotbased strategies that restore and strengthen local authority over housing and land use matters within municipal boundaries, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications; and
6 2026 Resolution Packet
BE IT FURTHER RESOLVED, that any constitutional amendment or alternative strategy should preserve the State’s authority to establish broad statewide housing goals and enforce constitutional and civil rights, fair housing requirements, building and life-safety standards, and generally applicable environmental protections, while protecting cities from state actions that compel, through funding conditions or state law, the approval of housing developments that are inconsistent with locally adopted requirements; override local zoning or density standards; or invalidate locally adopted housing or land use decisions when a city has planned in good faith to accommodate its regional housing needs allocation and maintains adequate capacity for housing at all income levels; and BE IT FURTHER RESOLVED, that the League of California Cities consider establishing a statewide working group or other appropriate committee(s) to evaluate and develop a proposed constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use matters including but limited to: conducting appropriate legal, fiscal, and policy analyses; engaging cities and other stakeholders; and building a statewide coalition of proponent supporters in preparation for; the November 2030 General Election, or within another reasonable time frame as determined by the working group.
7 2026 Resolution Packet
Resolution No. 1: Background
Information
8 2026 Resolution Packet
Background Information for Resolution
Source: City of Murrieta
Background:

California cities are responsible for planning residential growth, adopting general plans and zoning regulations, reviewing development proposals, and providing or coordinating the infrastructure and public services necessary to support new housing. Since 2010, the State has enacted more than 500 housing-related laws that have increasingly shifted housing and land use authority away from local governments. These laws have expanded by-right development, limited locally adopted standards and review processes, and established enforcement mechanisms, including the builder’s remedy, that may override local plans and zoning. Although these measures are frequently presented as solutions to housing affordability, many increase development capacity or restrict local review without delivering the meaningful production of housing needed to address the housing crisis.

At the same time, the State has continued to prioritize increased development capacity without adequately accounting for the infrastructure, public services, economic realities, and safety measures necessary to support housing growth.

State mandates often fail to reflect local conditions, including roadway and utility capacity, water availability, wildfire exposure, environmental limitations, fiscal impacts, and the availability of essential services. Cities are consequently required to accommodate additional housing while receiving no funding or assistance to address the resulting infrastructure and service demands.

Local elected officials are directly accountable to the residents who experience the effects of development decisions and are responsible for balancing housing production with infrastructure capacity, public safety, environmental protection, fiscal sustainability, and community needs. Cities of all types in California have been grappling with this dynamic, ranging from urban to rural, coastal to inland, small to large, northern to southern, voicing concerns to legislative representatives with minimal responsiveness. This is an issue of statewide concern that needs the strength and diversity of the League of California Cities to pursue a long-term solution.

The proposed resolution directs the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions. The working group would be tasked with developing a more balanced framework that preserves the State’s role in establishing broad housing goals and enforcing constitutional, civil rights, fair housing, building, life-safety, and environmental requirements, while restoring meaningful local authority to allow cities to determine how statewide housing 9 2026 Resolution Packet
objectives should be implemented in a manner that reflects local conditions and community priorities while continuing to support responsible housing production.

As the primary statewide organization representing California cities, the League is uniquely positioned to lead this effort. Its established policy, legal, legislative, communications, and advocacy networks enable it to convene municipalities, evaluate potential strategies, conduct legal and fiscal analyses, build consensus, engage stakeholders, and coordinate with statewide decision-makers. League leadership would help ensure that any recommendation reflects the collective interests of California municipalities and would provide the credibility, organizational capacity, and statewide reach necessary to advance a viable strategy.
10 2026 Resolution Packet
Resolution No. 1: Letters of
Concurrence
11 12
13 July 23, 2026
President Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority Dear President Quinto,
The City of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions.

The proposed resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and

25. The resolution would direct the League to convene a working group to evaluate potential approaches for addressing the increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.

On behalf of the City of Canyon Lake, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.

Sincerely,
Arron Brown
City Manager
City of Canyon Lake
14 July 23, 2026
President Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority Dear President Quinto,
The City of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions.

The proposed resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and 25. The resolution would direct the League to convene a working group to evaluate potential approaches to address increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.

On behalf of the City of Moreno Valley, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.

Sincerely,
Brian Mohan
City Manager
City of Moreno Valley

15 July 22, 2026
President Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority
Dear President Quinto,
The City of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions.

The proposed resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and 25. The resolution would direct the League to convene a working group to evaluate potential approaches for addressing the increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.

On behalf of the City of the Norco, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.

Sincerely,
Kevin Bash
City Council Member
(951) 768-8981
16 17
18 19
20 July 23, 2026
Mr. Gabe Quinto, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject: Support for the City of Murrieta's Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority Dear President Quinto:

I am writing in my individual capacity as Mayor of the City of Temecula to express my strong support for the City of Murrieta's proposed resolution for consideration by the General Assembly of the League of California Cities at the 2026 Annual Conference.

The proposed resolution presents an important opportunity to thoughtfully evaluate the appropriate balance between California's statewide housing objectives and the constitutional principle of local governance. Establishing a statewide working group to examine a potential constitutional amendment, legislative reforms, or other policy initiatives will provide a meaningful forum to assess how local authority over housing and land use decisions can be strengthened while continuing to address the State's housing challenges.

Cities are uniquely positioned to understand the needs, opportunities, and constraints of their communities. Local elected officials are accountable to the residents they serve and are best equipped to make land use decisions that reflect a community's character, infrastructure capacity, economic development goals, environmental stewardship, and long-term vision. Equally important, local governments bear the primary responsibility for protecting public safety. Decisions regarding housing density, transportation, emergency access, wildfire preparedness, evacuation routes, police and fire service capacity, water availability, and critical infrastructure are inherently local matters that require the knowledge and judgment of those who serve their communities every day.

While the State has an important role in addressing California's housing needs, a collaborative approach that respects local expertise and preserves meaningful local discretion will produce stronger, safer, and more sustainable communities. The proposed working group offers an opportunity to evaluate policies that achieve these shared objectives while restoring an appropriate balance between state direction and local authority.
21 Mr. Gabe Quinto, President
League of California Cities
July 23, 2026

Page 2 ends

Although this letter reflects my personal position and is not an official action or policy of the City of Temecula or the Temecula City Council, I respectfully endorse the City of Murrieta's submission of this resolution and encourage its favorable consideration by the League of California Cities General Assembly.

Thank you for your leadership and your thoughtful consideration of this important issue.

Respectfully,
Jessica Alexander
Mayor, City of Temecula
Signing in her individual capacity
and not on behalf of the City of Temecula
or the Temecula City Council.
22 2026 Resolution Packet
Resolution No. 1: Staff Analysis
23 League of California Cities Staff Analysis on Resolution No. 1 Staff: Brady Guertin, Legislative Advocate
Committee: Housing, Community, and Economic Development Summary:

Resolution No.1 states that the League of California Cities (Cal Cities) will:

1. Support the development and advancement of a state constitutional amendment or legislative, policy, or ballot-based strategy that restores and strengthens local authority over housing and land use matters, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications.

Pursuant to the resolution, the strategy should preserve the state’s authority to set broad, statewide housing goals and enforce civil rights, fair housing, building safety, and environmental standards while protecting local control by preventing the state from compelling the approval of developments that conflict with local requirements, override local zoning or density standards, or overturn local land use decisions where a city has planned for and maintained sufficient capacity to meet its housing obligations.

2. Consider establishing a statewide working group or other appropriate committee(s) to evaluate and develop a proposed constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use matters.

The resolution states: “conducting legal, fiscal, and policy analyses; engaging cities and other stakeholders; and building a statewide coalition of proponent supporters in preparation for the November 2030 General Election, or within another reasonable time period.” Background:

As provided in the background information, the city of Murrieta is sponsoring this resolution in response to concerns over state laws that have increasingly reduced city discretion over housing and land use decisions, including legislation that requires ministerial or by-right approvals for housing projects, limits the application of local development standards, and strengthens state enforcement mechanisms against local governments.

Additionally, the city of Murrieta, in its background information, maintains that these legislative efforts have not resulted in sufficient housing production to address California's housing shortage and have not adequately accounted for 24 local infrastructure, public service needs, public safety, market, and fiscal considerations.

The resolution states that California’s housing goals are better advanced through state funding, streamlined environmental requirements, and voluntary partnerships, while preserving local authority over how and where housing is best planned and approved.

Consideration of the resolution may be informed by a brief examination of how the California Constitution allocates authority between the state and cities with respect to land use decisions.

The constitution grants cities the power to adopt local laws to protect the public’s health, safety, and welfare. This grant is called the “police power,” which is the basis for local land use regulation. The constitution grants charter cities the additional power to adopt local laws affecting “municipal affairs.” This power, commonly referred to as “home rule,” is based on the principle that a city, rather than the state, is in the best position to identify and satisfy the needs of the local community.

The constitution’s broad grant of police power contains a significant limitation.

Local law adopted under the police power is not valid if it “conflicts” with state law. A local law “conflicts” with state law when it regulates the same “field” in which the Legislature has stated its intent to occupy. In that case, state law is said to “preempt” the local law and it cannot be enforced.

An ordinance adopted by a charter city under the municipal affairs power cannot be enforced if it affects a “matter of statewide concern.” The subjects that have been identified as “matters of statewide concern” have changed over the years due to economic, social, and political circumstances.

Since the 1960s, the state has enacted numerous laws that limit or preempt aspects of local land use and zoning authority. These laws include the Fair Employment and Housing Act, Housing Element Law, Housing Accountability Act, Density Bonus Law, Permit Streamlining Act, accessory dwelling unit laws, California Environmental Quality Act, and others. In recent years, the state has enacted several laws that Cal Cities was the leading opposition force against, as many of the proposals pre-empted local land use authority, limited public review, and constrained local flexibility. In support of its housing and land use legislation, the Legislature has cited a statewide housing crisis and the need for increased housing production at all income levels while asserting that a uniform approach to local land use decision-making is required. 25 Discussion:

The resolution does not prescribe a specific policy mechanism. The eight letters in support recommend creating a working group or committee to evaluate potential approaches, including legislative proposals, constitutional amendments, or ballot initiatives to strengthen local authority over housing and land use matters.

A discussion of a strategy to restore and strengthen local authority over housing and land use matters will need to consider the California Constitution’s framework for both preemption of police power enactments and municipal affairs, discussed above. It will also need to determine whether changes to the California Constitution will be proposed, and whether they constitute an amendment or a revision, which require different processes.

A constitutional revision is a multistep process blending legislative consensus, voter support, and on occasion, a constitutional convention. It requires significant public engagement.

A constitutional amendment would require a ballot initiative, which includes gathering enough valid signatures to qualify for the ballot, building large coalitions to support election efforts, and campaigning to voters to support the initiative. This process can involve significant costs. In the last major election for ballot initiatives in 2024, proponents spent $8-$18 million to qualify for the ballot and spent nearly $700 million for the full election cycle, averaging out to about $100 million per ballot initiative.

Cal Cities has been engaged in ballot advocacy for over 20 years. In the early 2000s, Cal Cities developed a ballot advocacy infrastructure that included forming an issue political action committee, fundraising, establishing a network of regional managers, and building a coalition with other organizations to ultimately advocate on a ballot measure. Ballot advocacy requires the approval of the Board of Directors with a supermajority vote.

In the Legislature, Cal Cities plays an active and influential role to ensure that local flexibility and autonomy in the land use and housing space is maintained by engaging on dozens of bills every legislative session to ensure that cities' voices are heard at the state Capitol. Below, you will find Cal Cities “Existing Policy” on local control, housing, and land use policies.

Fiscal Impact
The resolution itself would not have a significant direct fiscal impact. However, depending on what actions follow, the fiscal costs could be significant. 26 Existing Cal Cities Policy
Vision
To be recognized and respected as the leading advocate for the common interests of California's cities.

Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

We Believe
• Local self-governance is the cornerstone of democracy. • Our strength lies in the unity of our diverse communities of interest. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility.
• The spirit of honest public service is what builds communities. • Open decision-making that is of the highest ethical standards honors the public trust.
• Cities are vital to the strength of the California economy. • The vitality of cities is dependent upon their fiscal stability and local autonomy.
• The active participation of all city officials increases the League's effectiveness.
• Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.

Zoning
Cal Cities believes local zoning is a primary function of cities and is an essential component of home rule. The process of adoption, implementation and enforcement of zoning ordinances should be open and fair to the public and enhance the responsiveness of local decision-makers. State policy should leave local siting and use decisions to the city and not interfere with local prerogative beyond providing a constitutionally valid procedure for adopting local regulations. State agency siting of facilities, including campuses and office buildings, should be subject to local notice and hearing requirements in order to meet concerns of the local community. Cal Cities opposes legislation that seeks to limit local authority over parking requirements.

Housing Element
Housing issues should be addressed in the general plan as other planning issues are. The housing element should be prepared for the benefit of local 27 governments and should have equal status with the other elements of the general plan.

Encourage Full Community Participation
Foster an open and inclusive community dialogue and promote alliances and partnerships to meet community needs.

Well-Planned New Growth
Recognize and preserve open space, watersheds, environmental habitats, and agricultural lands, while accommodating new growth in compact forms, in a manner that:
• De-emphasizes automobile dependency;
• Integrates the new growth into existing communities;
• Creates a diversity of affordable housing near employment centers; • Provides job opportunities for people of all ages and income levels.

Support:

The following letters of concurrence were received:

City of Banning
City of Calimesa
City of Canyon Lake
City of Moreno Valley
City of Norco
City of Torrance
Crystal Ruiz, Mayor, City of San Jacinto
Jessica Alexander, Mayor, City of Temecula
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Emeryville City CouncilSeptember 1, 2026

Emeryville City Council
September 1, 2026