Emeryville Unanimously Adopts City of Refuge Ordinance Modeled on Oakland

Emeryville moved its immigrant protections from a 2017 resolution into city law Tuesday. The City Council voted 5-0 to adopt a City of Refuge ordinance that limits police and staff cooperation with federal immigration enforcement and bars ICE from staging on city property. The council also approved a $2.6 million parks plan that draws on the Marina Fund. Artists, Sutter critics and a renter used public comment to press the council on housing costs and development.

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• City of Refuge ordinance adopted 5-0, closing a code gap on immigration enforcement staging on city property
• The Mayor's push for ICE-activity alerts to council was left out after legal pushback
• Six-site parks plan and $375,000 Marina Fund draw approved 5-0 amid sea-level-rise worries
• Artists Co-op residents seek $78,445 in block grant funds for aging buildings; staff say the money is already committed
• Shoreline resilience planning launches with a first public meeting Dec. 11
• Neighbors United vows to keep watching Sutter's smaller "Plan B"

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Refuge Ordinance Turns Policy Into Law

Why it matters: The ordinance gives Emeryville explicit code authority against the use of city resources and property for immigration enforcement. Before Tuesday's vote, police had no legal basis to stop such activity on city land.

The basics: Emeryville declared itself welcoming in 2017 through Resolution 1708. State law SB 54 already limits local assistance to ICE, and Emeryville Police Department Policy 416 bars officers from asking about immigration status. The city attorney said nothing in the municipal code prohibited using city property for immigration enforcement.

Where things stand: Councilmember Kalimah Priforce requested the ordinance. It drew majority support Sept. 15 and is modeled on Oakland's July 21, 2026 ordinance. It codifies the non-cooperation rule and sets rules for data collection, civil immigration detainers and notification requests. It also bars staging on city property and treats violations as infractions that could lead to discipline.

"There would be nothing in the codes that the police could cite to if ICE decided to stage in the parking lot at City Hall," said City Attorney Kennedy. He also noted "we are actively involved in a lawsuit against the federal government" over federal funding conditions.

Councilmember Priforce raised civil-rights liability and the risk of federal retribution. "And so I ask us to adopt this North Star that Oakland adopted," he said. Councilmember David Mourra first asked whether the ordinance improves the city's legal position, then called it "a sensible improvement over the current protections that we have."

Police Chief Jennings described how the department handled a recent ICE arrest made on a criminal warrant: "we did not offer any assistance, and that's standard protocol for us."

The other side: The sharpest exchange came from inside the dais. Mayor Sukhdeep Kaur pressed for a protocol that would notify the city manager and council of ICE activity. "I think the whole purpose of the sanctuary city or elevating it to city of refuge is to make it so that citizens feel more protected," she said.

The city attorney said Oakland's ordinance contains no such provision and that ICE is not required to notify the city. He warned a notification rule could raise concerns about impeding federal enforcement. "So we cannot regulate ICE," he said. Chief Jennings described an internal command-notification protocol but added, "We have no protocol regarding notifying civilians."

Public voices: Valeria Ochoa, a community organizer with Faith in Action East Bay who led the Oakland campaign, called the ordinance vetted and urged immediate adoption. Claudia Gonzalez, a public commenter, said fear is affecting families and schools and asked the council to pass it.

Decisions and stakeholder impacts: Councilmember Mourra moved and Vice Mayor Matthew Solomon seconded. The motion passed For: 5 (Kaur, Solomon, Welch, Mourra, Priforce), Against: 0, Absent: 0. The item was noticed as an introduction and first reading. Police and city staff now work under codified limits on detainers, notifications and use of city property. Immigrant families gain a clearer legal floor, though the Mayor's notification request was not included.

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Parks Plan Advances, Marina Fund Tapped

Why it matters: The roughly $2.6 million project upgrades six park sites. It also commits Marina Fund money at a time when the Mayor worries the fund may be needed for sea-level-rise work.

Where things stand: Senior Civil Engineer Mike Roberts, Community Services Director Rebecca Sermino and consultant Placeworks presented the plan. It covers Temescal Creek Park, Stanford Avenue Park, the 61st Street mini park and Doyle Hollis Park. It adds a new Marina Park playground and a Memorial Vista designed with the Commission on Aging. A park survey run from October 2025 to January 2026 drew 276 responses. Of those respondents, 83% said they walk to parks.

Most of the cost is already in the Capital Improvement Program. After design changes, staff requested $375,000 from the Marina Fund. Staff said the design is ADA accessible.

The other side: Mayor Kaur questioned the fund balance, sea-level rise, universal design, benches and the marina trees. Staff promised to send her the balance. Muhammad Alawi of Public Works offered a high-level estimate: "we should have more than $1 million still remaining in the account after this allocation." He said annual revenue exceeds $650,000.

The Mayor ultimately chose not to hold up the project. "I don't want to withhold the 375 for the lack of that information," she said. Councilmember Priforce suggested exploring inscribed memorials and donations.

Decisions and stakeholder impacts: Councilmember Mourra moved and Vice Mayor Solomon seconded. The motion passed For: 5, Against: 0, Absent: 0. Older residents gain a purpose-built Memorial Vista, and walking park users across four neighborhoods parks see upgrades. Marina-area residents should watch how much cushion remains for shoreline needs.

What's next: The project moves toward design, permitting and construction. Staff reported that the Planning Commission had already commented on the concept.

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Artists Co-op Makes Its Case

Why it matters: The Emeryville Artists Co-op houses roughly 80 mostly low-income artists in three century-old buildings at 1420 45th St., 4333 Holden St. and 4250 Horton St. Members say those buildings face a mounting repair backlog.

Where things stand: Co-op members turned out in force during public comment. Dominic Chang, board president, asked for all or part of $78,445 in Community Development Block Grant (CDBG) funds. John Demarit, chair of the Co-op's Fund Development Committee, itemized the needs:

• Roof work: $166,000
• Solar buyout: $50,000
• Exterior and dry rot repairs: $50,000
• Electrical: $31,000
• Plumbing: $29,000
• Gate operator: $22,000
• Fire safety: $11,000

Speakers credited Alameda County Supervisor Nikki Fortunato Bass for the grant. Richard Misrach, an artist at the Co-op since 1976, called it a model for low-income artist housing. Another member cited the Co-op's role in Emeryville's cultural district designation.

The other side: Late in the meeting, Councilmember Priforce floated a match. "And so I'd like to encourage that by perhaps matching these funds," he said. After staff clarified the situation, he reframed the idea as a broader grant-matching program.

City Manager LaTanya Bellow said the $78,445 is formula-based. The council had already programmed it in September 2026 for Meals on Wheels, minor home repair and major systems rehabilitation. "There was no advocacy for these CDBG funds," she said, adding that any new program belongs in the budget process. Community Development Director Chadrick Smalley said a pro-housing incentive application for the Co-op failed: "We were unfortunately unsuccessful with that application." He said the city is tracking a possible additional county CDBG notice.

What's next: No vote was taken. The Mayor deferred the matching idea pending staff budget review.

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Shoreline Plan Answers King Tide Worries

Relaying resident emails, Mayor Kaur asked whether the San Francisco Estuary Partnership-funded shoreline assessment covers Watergate, Safe Harbor and marina infrastructure. "The short answer is yes," said Community Development Coordinator Amber Evans.

Evans said the work will coordinate with Oakland, Berkeley and Albany and follow Bay Conservation and Development Commission guidance. It will produce a project list with cost estimates. A 2034 legal deadline is being moved up. Engagement will include community charrettes and a sea-level-rise web page. "That December 11th is the first of a public meeting," Evans said.

Councilmember Priforce asked about ongoing engagement through the Public Safety Committee. Evans committed to a communication plan and noted a pending request for proposals for an outreach consultant.

The item passed with consent items 9.4 and 9.6, For: 5, Against: 0, Absent: 0. Vice Mayor Solomon moved and Councilmember Mourra seconded. No result was announced on the separate motion for consent items 9.1–9.3 and 9.7.

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Neighbors United Keeps Sutter in Its Sights

Three Neighbors United members, including Judy Timmel, said they are glad Sutter's hospital tower won't proceed. They warned that scrutiny of the company's smaller "Plan B" must continue. Their demands included:

• Outpatient traffic estimates with underlying data and patient ZIP codes
• A possible closure of 53rd Street to through traffic
• Answers on whether health risk assessments bar health care or housing on toxic lots
• Better public notices
• No rezoning and no CEQA streamlining

The council took no action. The group is clearly positioning to challenge any new Sutter proposal.

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Minor Items

• Lung Cancer Awareness Month: The council proclaimed November Lung Cancer Awareness Month. Savannah Sukhyasian of the American Lung Cancer Screening Initiative accepted.
• Rent pressure: Aaliyah Oliver, a pediatric nurse at the Emery Apartments, described a 9.9% renewal offer to $3,300 for 2027. She asked for protections for newer buildings exempt from state caps.
• Impact fees: Staff reported development impact fee balances of about $1.9M for transportation and about $420,000 for parks. The report returns for approval Dec. 8.
• Powell Street: The council approved a time-only extension of the MIG redesign contract. A traffic report will return to the council before any final design.
• Pledge of Allegiance: A request to discuss the Pledge of Allegiance failed to draw majority support. The meeting adjourned in memory of Dolores Huerta.

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Looking Ahead

The council voted 5-0 to cancel its Nov. 17 meeting and hold a special meeting Dec. 1. Councilmember Priforce moved and Councilmember Courtney Welch seconded. That meeting will take up item 10.1, a public hearing pulled from Tuesday's agenda. The shoreline plan's first public meeting is Dec. 11.