DATE:
September 17, 2024
TO:
Adam Politzer, Interim City Manager
FROM:
Mohamed Alaoui, Public Works Director
SUBJECT:
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager Or Designee To 1) Enter Into A Cooperative Funding Agreement With East Bay Regional Parks District To Receive Grant Funds To Design and Construct The McLaughlin Eastshore State Park Improvements Project, And 2) Accept And Expend Funds From East Bay Regional Parks District For This Project In An Amount Not to Exceed One Hundred Twenty Thousand Dollars Recommendation
Staff recommends that the City Council adopt the above-entitled resolution authorizing the City Manager or designee to 1) enter into a cooperative funding agreement (CFA) with East Bay Regional Parks District (EBRPD) to construct park improvements in McLaughlin Eastshore State Park serving both Emeryville and EBRPD rights-of-way, and 2) accept and expend funds from EBRPD for this project in an amount not to exceed one hundred twenty thousand dollars ($120,000).
Background
The City (City) has historically endured a chronic flooding issue on Powell Street in the area adjacent to the “uplands” region of McLaughlin Eastshore State Park (MESSP). The “uplands” region is the area of park bounded by Interstate 80, Alameda County Fire Station No. 34, the south side of Powell Street, and the shoreline. This land is owned and operated by EBRPD, and any work performed on MESSP land must be done with permission from that agency.
The City of Emeryville owns and operates a stormdrain outfall pipe that traverses the uplands area and delivers stormdrain runoff to the ocean. As tides have risen, the outlet of the pipe has been sealed shut by tidal backflow. That manifests in an overflow at the upstream drain inlet during the storm season, causing Powell Street to experience flooding. The City has mitigated the flooding by temporarily operating a gas-powered pump at the inlet and pumping the backed-up storm water from the inlet over MESSP land to the ocean. This requires the Public Works Department to assign an Operations & Maintenance (O&M) staff member to continually monitor the pump to ensure that the flooding is mitigated.
Discussion
The City has previously approached EBRPD for a permit to construct a passively draining facility or park feature to mitigate the flooding. This is in recognition that rising tides will greatly increase the required frequency of cleaning out the outfall. Rather than commit O&M staff and funding to this effort, the City proposed reconfiguring the grading of the slope of park land to allow stormwater to drain over land instead. This would eliminate the possibility of tidal backflow blocking stormwater runoff. The City created CIP# CF-01 “Powell Street Bioswale” project for this effort.
EBRPD agreed to grant a conditional permit to the City to perform this project. As part of the conditions of this permit, the City must act as the lead agency in constructing improvements to the uplands area of MESSP. In addition, EBRPD is providing grant funding to the City to fund the park improvements. In order for the City to utilize these funds, the City must enter into a Cooperative Agreement with EBRPD which is included in this staff report as Attachment A.
Public Works presented a preliminary set of plans to the Transportation Committee on October 16, 2023, the Parks Committee on November 16, 2023, and the Bicycle Pedestrian Advisory Committee on January 8, 2024, and collected feedback on development of the design. The design incorporates various amenities that are consistent with the EBRPD Master Plan, including new decomposed granite pathways, added park benches, informational signage describing the history and wildlife in the park, and a new bird-watching platform. The preliminary plans have been included as Attachment B.
At this time, City staff is only seeking $120,000 of the approximately $480,000 available from the Coastal Conservancy grant solely for the design phase of this project. City staff will seek the remaining $360,000 in funding from the same grant as part of the construction phase of the project after the completion of the design phase.
Fiscal Impact
Should the City enter into this agreement, $120,000 of grant funding will be made available to the City by EBRPD on a reimbursement basis. CIP# CF-01 accounts for this funding as part of the “Unfunded” line item. The future $360,000 in grant funds would make the funds received higher than what was originally budgeted when the City’s 23-28 CIP was approved.
Funding Source
Funding
475 – Gen Cap Fund
$100,000
Unfunded
$400,000
Table 1 – Budget from CF-01, Emeryville CIP 2023-2028
Staff Communication with the Public
The staff has presented project plans to the Transportation Committee, Parks Committee, and Bicycle Pedestrian Advisory Committees for review and comment.
Conflict of Interest
None.
Conclusion
Adoption of this resolution will authorize the City Manager or designee to enter into a cooperative funding agreement (CFA) with East Bay Regional Parks District (EBRPD) to construct park improvements in McLaughlin Eastshore State Park and accept and expend funds from EBRPD for this project in an amount not to exceed one hundred twenty thousand dollars.
PREPARED BY: Nik Ignacio, Associate Civil Engineer
Approved and Forwarded to the
City Council of the City of Emeryville:
Adam Politzer, Interim City Manager
Attachments
Attachment A – Preliminary Project Plans
Draft Resolution
Exhibit A – EBRPD Cooperative Funding Agreement
Grant Funding Acceptance for McLaughlin East Shore State Park City Council Meeting | September 17, 2024
City of Emeryville
CALIFORNIA
MEMORANDUM