DATE: May 6, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Cooperative Agreement with the Alameda County Public Works Agency for the Zone 3A Line B (Ward Creek) Levee Improvements in an Amount Not-To-Exceed $174,800
RECOMMENDATION
That the Hayward’s City Council adopts a resolution (Attachment II) to authorize the City Manager to execute a Cooperative Agreement (Coop Agreement) with Alameda County Flood Control and Water Conservation District (District) through the Alameda County Public Works Agency for the Zone 3A Line B (Ward Creek) Levee Improvements in an amount not-to-exceed $174,800.
SUMMARY
This report seeks the City Council approval to proceed with a Coop Agreement for fair share construction cost reimbursement not-to-exceed $174,800 to the District for the proposed improvements of Line B (Ward Creek) in the City of Hayward (City). The District is leading the efforts to install recreational improvements, landscaping, and amenities at the existing Levee B trail. The limits of work is shown in Attachment III.
Ward Creek (also known as Line B in Flood Control Zone 3A) is owned and maintained by the District. The District and the City entered into a certain license agreement dated August 26, 1975, and amendments thereto, hereinafter referred to as the “License Agreement” , allowing for the City’s use of certain District lands to establish a trail system and install and maintain recreational improvements, landscaping, and amenities.
Staff recommend that the City Council adopts a resolution authorizing the City Manager to execute the Coop Agreement with the District and reimburse District for the fair-share cost of construction upon completion of the project.
BACKGROUND
On August 26, 1975, the City and the District entered into a License Agreement, which authorized the City to construct and maintain a trail system on the District’s lands, including recreational improvements, landscaping, and other amenities. Although this agreement expired in 2015, the City aims to preserve the existing trail within the project area while City and District staff finalize the details for a renewed agreement.
Meanwhile, the District’s project will raise the east levee bank between Pacheco Way and 1381 Chelsea Way, in the City of Hayward to contain the current Federal Emergency Management Agency (FEMA) 100-year design flow and to minimize potential flooding in adjacent properties. The District seeks to be reimbursed for the actual costs incurred by the District to mitigate the conflicts resulting from the City’s trail improvements and amenities.
DISCUSSION
The District’s project will remove and replace the existing asphalt concrete pavement, prepare the subgrade and import material to raise the levee to the new design elevation.
The project will restore the structural section of the maintenance access road and modify existing concrete structures, remove and replace existing drain inlets, remove existing concrete V-ditch and remove and replace existing City trees to accommodate new levee design elevation.
The project will also include the District’s restoration of City trail improvements and amenities. These components will include the removal and disposal of existing asphalt concrete pavement and existing concrete ditch, removal of City trees, reconstruction of asphalt concrete pavement, installation of striping; and planting City trees. A Tree Removal Permit is not required as the removed trees should be mitigated with new trees planted on the same flood control property.
Staff has worked with the District to draft the Coop Agreement. Key provisions of the Coop Agreement are:
Scope of the project
Implementation of the project where the District prepares the environmental permits, contract documents, advertises and awards the project District funds the project
City reimburses the District for the actual cost of the City’s portion of the project City is responsible for the maintenance and operation of the trail improvements
Staff recommend that the City Council adopt a resolution authorizing the City Manager to execute the Coop Agreement with the District.
ECONOMIC IMPACT
Hayward residents and the community will continue to enjoy the recreational trail system.
With the proposed improvements, including landscaping and related amenities, the existing trail system will continue to be used for recreational purposes including walking, biking, jogging and other activities.
FISCAL IMPACT
Funding for this project will be from Stormwater Operating Fund (Fund 615) in an amount not-to-exceed $174,800.
The District’s estimate of the City’s reimbursement amount is subject to change. The exact amount will be known after the District has completed the project. In the event the City’s contribution exceeds $174,800, Staff will return to City Council for additional authorization.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not directly relate to one of the Strategic Initiatives. However, this agenda item supports Strategic Priority of “Invest in Infrastructure” , specifically, this item relates to the Invest in City Facilities & Property initiative.
While the City’s – District’s Levee Improvements’ Co-op partnership was not contemplated in the Fiscal Year 2025 Strategic Roadmap, the proposed Levee improvement aligns with the Invest in Infrastructure core priority, specifically:
Objective 1: Invest in multi-modal transportation options – trail facilitates biking, walking.
Objective 2: Invest in City-owned facilities & property.
SUST AINABILITY FEATURES
The District is strongly committed to developing projects that are environmentally responsible. Therefore, staff will coordinate with the District Staff to ensure that all improvement plans proposed by the District capital project incorporate features that are in line with the City’s sustainability guidelines.
Staff anticipate that the District Project documents will require the contractor to undertake the best management practices to the extent possible. It is anticipated that the project may place the recycled product back into the structural section as a sub-base material. In addition, all miscellaneous metals and ancillary concrete removed from the Levee may be directed to a certified recycling facility. Note that City Staff has no direct involvement in construction phase as this is handled and managed by District Staff.
ENVIRONMENT AL DOCUMENT
The District has determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) requirements and has filed a CEQA Notice of Exemption.
The District anticipates that the project will be advertised for public bidding in April-May 2025 and anticipates selection of a qualified responsible bidder in May-June 2025 with construction to follow soon after as to be determined by the District.
PUBLIC CONT ACT
The agenda and staff report for this item have been posted on the City’s website and distributed to interested parties1. The District public bidding process will notify and alert residents & all interested parties about the project.
NEXT STEPS
If the City Council approves this request, the City Manager will execute the Coop Agreement with the District.
Prepared by: Sundaresh Begur, Associate Civil Engineer
Reviewed by: Dave Hung, Acting Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
__________________________
Dr . Ana M. Alvarez, City Manager
1 https://hayward.legistar.com/Calendar.aspx