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Staff Report

Emeryville City Council
July 5, 2022

Document
Staff Report
Meeting
July 5, 2022
Body
Emeryville City Council
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2
Original file
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Text extracted from the city's file for reading and search. Open the original on emeryville.legistar1.com. That file is the official record.

DATE:

July 5, 2022
TO:

Christine Daniel, City Manager
FROM:

Mohamed Alaoui, Public Works Director
SUBJECT:

Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Reimbursement Agreement With Emery Cove Marina Condominium Association For The Purpose Of Dredging The Shared Access Channel Recommendation
Staff recommends that the City Council approve the above-entitled resolution authorizing the City Manager to enter into a reimbursement agreement with Emery Cove Marina Condominium Association in order to fulfill the City’s obligation to share costs to maintain the navigation channel to the Emeryville Marina.

Background
The City of Emeryville and Emery Cove Marina Condominium Association share maintenance responsibilities for the navigation channel to Emeryville’s Marina (see section 2.02 of the 1981 agreement executed with Emery Cove’s predecessor, Geodon Inc., included as Exhibit A). This Agreement requires, among other things, both the City and Emery Cove to pay 50% of the costs associated with dredging operations. The Agreement further stipulates the width of the navigation channel and associated depth for those operations.

Discussion
As a result of sedimentation from the natural process of sand and silt movement in the bay, the Emeryville Marina’s navigation channel requires regular dredging. As described in Exhibit A Section 2.02a (page 3), and in order for the channel to remain accessible for most boats, a depth of 8 feet beneath mean lower low water (MLLW) needs to be maintained. MLLW is defined as the average of the lower low water height of each tidal day observed over the National Datum Epoch (simply put, a type of low tide). This requires periodic dredging work as described in Emeryville’s CIP Project # M-01. The last time the channel was dredged was in November 2012, and it was scheduled for dredging in 2019 or 2020. However, as a result of the COVID-19 pandemic, the dredging operation was delayed and is overdue. Furthermore, because Emery Cove Marina Condominium Association is taking the lead on the dredging operation, a reimbursement agreement is necessary to allow the City to share costs, a requirement of the City agreement with the association.

Fiscal Impact
The project is anticipated to cost $1,715,557. The City’s share of this cost is $857,778.50. For a detailed breakdown of project costs, please refer to Exhibit B. This project is funded by the CIP under item M-01 funds 495, and City project number 19495003.

Staff Communication with the Public
This project was included under item 6.2 to the Transportation Committee on February 10, 2022, as part of the regular updates provided on the Capital Improvements Program.

Conclusion
In order to ensure that the navigation channel to the Emeryville Marina remains accessible to marine vessels, it is recommended that the City Council authorize the City Manager to enter into a reimbursement agreement with Emery Cove Marina Condominium Association.

PREPARED BY: Mohamed Alaoui, Public Works Director
Approved by the
City Council of the City of Emeryville:

Christine Daniel, City Manager
Attachments
Attachment A – Easement Agreement between Geodon (the Emery Cove Marina predecessor) and the City of Emeryville Attachment B – Project Cost Estimate
Draft Resolution
Exhibit A – City of Emeryville and Emery Cove Shared Cost Agreement Marina Dredging Reimbursement Agreement
City Council Meeting | July 5, 2022

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City of Emeryville

CALIFORNIA

MEMORANDUM

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