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Date: November 7,20 1 1 To: El Cerrito City Council From: Jerry Bradshaw, Public Works Director I City Engineer Stephen PrBe, Environmental Programs Manager Subject: California River Parkways Grant Application AGENDA BILL Agenda Item No. 5(D) ACTION REQUESTED Adopt a resolution approving the filing of a California River Parkways Grant application for the Fluvius Innominatus Channel Restoration Project. BACKGROUND & ANALYSIS In 2006 California voters passed Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act. It added to the Public Resources Code, Section 75050, authorizing the Legislature to appropriate the sum of sixty-two million dollars ($62,000,000) for the acquisition, restoration, protection and development of river parkways in accordance with the California River Parkways Act of 2004. This is the final round of the Prop 84 River Parkways Grant Program with $30 million available for awards. Eligible grant projects must involve natural creeks, streams andlor rivers, even if they flow only during the rainy season, or channelized or culverted creeks, streams and/or rivers. Projects must meet at least two of the following five statutory conditions: 1. Recreation - Provide compatible recreational opportunities, including trails for strolling, hiking, bicycling and equestrian uses along rivers and streams. 2. Habitat - Protect, improve, or restore riverine or riparian habitat, including benefits to wildlife habitat and water quality. 3. Flood Management - Maintain or restore the open space character of lands along rivers and streams so that they are compatible with periodic flooding as part of a flood management plan or proj ect. 4. Conversion to River Parkways - Convert existing developed riverfront land into uses consistent with river parkways. 5. Conservation and Interpretive Enhancement - Provide facilities to support or interpret river or stream restoration or other conservation activities. City staff evaluated potential projects that met the criteria established by the grant program. The project that appeared both most competitive and consistent with both the City's and the River Parkways program's priorities involve the unnamed drainage area between the Cerrito Creek and the Baxter Creek watersheds (tentatively named Fluvius Innominatus by the Oakland Museum on their recent "Creek and Watershed Map of Richmond & Vicinity Fluvius drains the area from ---PAGE BREAK--- Agenda Item No.5(D) Camp Herms to the Hoffman Marsh, and one branch of this watershed includes an open drainage channel running along the Ohlone Greenway from Schmidt Lane to Portola Drive. This channel was created as part of the 1996 Phase 2C of the Storm Drain and Creek Restoration Program; a previous storm drain pipe was day-lighted into the configuration we see today. However, it has been observed that an inordinate amount of silt collects at the upstream end of this open channel and partially blocks the path of the water. During heavy storms, the channel occasionally overflows onto the Ohlone Greenway and the adjacent parking lot of the Village at Town Center. On one occasion, Public Works crews removed the silt in an emergency effort to clear the drainage path. In 2008 staff consulted with the designers of the Baxter Creek Gateway creek restoration project (Restoration Design Group, or RDG), and has been advised that redesigned modifications could be effective at managing the silt load along this stretch of open channel as well as enhancing the overall environment of the area. The proposed project would re-shape the creek and its banks creating a stream channel contained within a modest flood plain similar to the Baxter Creek Gateway restoration. A concept plan is attached for reference. Over the past several years, staff has been involved in two major planning projects along the Ohlone Greenway: the Ohlone Greenway Master Plan, and the BART Seismic Retrofit project. This creek restoration work was incorporated into both plans to the extent that the pedestrian and bike pathway alignments have been designed to allow for additional grading work within the creek area and the creation of a more meandering stream per the March 2008 Watershed Analysis and Design Memo from DRG. Additionally, the Master Plan identifies "restoring or improving daylighted or culverted streams and creek areas" as an opportunity. The El Cerrito General Plan includes this "Key Principle": The preservation and enhancement of natural features - trees, creeks, natural open space areas - and historical features will be a high priority for the City of El Cerrito. It also includes Community Design Goal CD31Policy 3.5: Creek Preservation: Where possible, preserve and restore natural drainage ways as parts of the storm drainage system, coordinating with recreational and trail use. The goals of this project are to improve storm water management, water quality, biodiversity, native habitat, and public environmental education. The River Parkways grant is an excellent opportunity to obtain funding for this project. Specifically, the project would meet the grant program statutory goals of 2) Habitat and 5) Conservation and Interpretive Enhancement. The cost estimate for the project is shown below: Project Management/Admin $ 25,000 Planning, Design & Permitting 112,900 Implementation/Construction 283,000 Plant Establishment & Project Assessment 144,900 Contingency TOTAL Due to the grant guidelines and timeline, the application was submitted on the application deadline of October 14, 201 1. Grant guidelines, however, require City Council approval of the application Page 2 ---PAGE BREAK--- Agenda Item No.5(D) and allow the approval (resolution) to be submitted after the application but prior to any recommendation of funding. Approval and submittal of the attached resolution will satisfy the program's requirements. FINANCIAL CONSIDERATIONS This project is not currently in the Capital Improvement Program (CIP) and there is no funding allocated for it. If successful, the CIP would be amended to include it. The total grant request from the River Parkways program is for $622,380. There are no matching funds required for this project. The request includes funds for all aspects of design and implementation of the project, including City personnel costs. If awarded, the project will be designed to provide an attractive environment that requires minimal landscape maintenance and promotes community stewardship. Reviewed by: - Scott Knin, City Manager Attachments : 1. Accompanying Resolution 2. Concept Plan Page 3 ---PAGE BREAK--- Agenda Item No. 5(D) Attachment 1 RESOLUTION 201 1 - XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (Proposition 84) WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the California Natural Resources Agency is responsible for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicant's governing board before submission of said application(s) to the State; and WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the project NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito hereby: 1. Approves the filing of an application for the Fluvius Innominatus Channel Restoration Project; and 2. Certifies that the City as Applicant, understands the assurances and certification in the application; and; 3. Certifies that Applicant or title holder will have sufficient funds to operate and maintain the project(s) consistent with the land tenure requirements; or will secure the resources to do so; and; 4. Certifies that it will comply with all provisions of Section 1771.5 of the California Labor Code; and, 5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained; and, 6. Certifies that applicant will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 6504 1.1, and 7. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). ---PAGE BREAK--- Agenda Item No. 5(D) Attachment 1 BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on November 7,201 1 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS : NOES: COUNCILMEMBERS : ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito onNovember , 2011. Cheryl Morse, City Clerk APPROVED: Ann Cheng, Mayor ---PAGE BREAK--- Agenda Item No. 5(D) Attachment 2