M E M O R A N D U M. DATE: July 19, Patrick D. O Keeffe, City Manager. Economic Development & Housing

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1 M E M O R A N D U M DATE: July 19, 2011 TO: FROM: Patrick D. O Keeffe, City Manager Economic Development & Housing SUBJECT: Resolution of the City Council of the City of Emeryville Approving the Application for the Urban Greening Planning Grant for $200,000 for the Temescal Creek Greenway Implementation Plan Under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) RECOMMENDATION Approve the resolution of the City Council of the City of Emeryville approving the application for the Urban Greening Planning Grant for $200,000 for the Temescal Creek Greenway Implementation Plan under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84). BACKGROUND On May 2, 2011, the Strategic Growth Council (SGC) announced a July 1, 2011 deadline for Urban Greening Plans eligible under Proposition 84 bond proceeds throughout California and a June 17 th deadline for Projects. Staff contacted the Strategic Growth Council regarding a proposal to prepare a grant application for the Temescal Creek Greenway Implementation Plan. Since the final segments of the north-south Emeryville Greenway are planned to be completed in 2012, it was appropriate to begin to plan for the east-west Greenway identified in the Emeryville General Plan. As conceived in the General Plan and highlighted in the Emeryville Parks and Recreation Strategic Plan (Strategic Plan), the Temescal Creek Greenway would be an eligible project or plan under the call for applications. The City s General Plan describes the City s greenways as follows: Greenways. Two greenways will traverse the city, one north-south and the other east-west. To the extent possible these will be off-street linear parks with pedestrian and bicycle paths, small gathering places, and recreational facilities. Where necessary, the greenways may be along streets. The north-south greenway will follow old railroad spurs, and will connect Berkeley in the north to the Park Avenue District, Bay Trail, and West Oakland in the south. The eastwest greenway will generally follow the alignment of Temescal Creek (currently in an underground pipe) and will include water features, daylighted portions above the culverted creek, and other amenities to celebrate the creek. This greenway

2 City Council Agenda July 19, 2011 Temescal Creek Greenway Implementation Plan Page 2 of 7 will connect North Oakland in the east to the Bay Trail and San Francisco Bay in the west. As described in the Strategic Plan, the Temescal Creek Greenway will include Temescal Creek Park, the continuation of the underground creek between 48th Street and 53 rd Street to San Pablo Avenue, on-street connections to Horton Landing Park, and connections to the mouth of Temescal Creek. The description of the Temescal Creek Greenway from the Strategic Plan is presented as Attachment 1. SGC staff advised staff to pursue the Urban Greening Grant as a plan rather than a project given the preliminary nature of the concept to date and highlight the following: the multiple benefits of the plan, the regional nature of the Greenway s proposed use and coordination and collaboration with numerous relevant agencies and stakeholders. The SGC advisors particularly highlighted the tribal significance of the prior creek route, opportunities to integrate interpretive materials and treatments sensitive to the Ohlone heritage, and the regional value of the route in connecting Oakland and Berkeley to Treasure Island. This is the second of three rounds of funding. Staff was encouraged to apply next year if an application was not feasible this year. Due to the July 1 st deadline for the grant application, staff has already submitted the grant. If the City Council does not approve the grant application, staff will withdraw the submittal. DISCUSSION/ANALYSIS The Temescal Creek Greenway Implementation Plan will assess how this critical open space and transportation network can: Provide pedestrian and bicycle access to local and regional users including school children and their families and regional commuters from Berkeley and Oakland seeking to access Treasure Island or Bay Street; Serve pre-school through high-school users who have a critical need for additional naturalized park spaces. With three school sites directly adjacent to the planned route, including the Emeryville Center for Community Life (ECCL) site, Escuela Bilengua and the Child Development Center, the Greenway could offer not only recreation but key curriculum opportunities to students via access to daylighted creek elements, riparian plantings and interpretive elements; Serve seniors (with the City s only senior facility three blocks east);

3 City Council Agenda July 19, 2011 Temescal Creek Greenway Implementation Plan Page 3 of 7 Promote tribal interests (with historic hunting and burial grounds all along the route of the now undergrounded creek);and Serve Eastshore State Park users south of Powell Avenue. The Plan will analyze the feasibility of and barriers to: Limited daylighting of creeklet segments, consideration of pipe outlets for recreated seasonal creeks varying from steady stream to or frog creeks in which seasonal water flows offer some opportunity for children to pay. Installing Creek crossings at street intersections with bioswale treatments and possible limited daylighting; Installing bicycle and pedestrian improvements to the right of way on 53 rd Street and the San Pablo Avenue offset crossing; Developing riparian improvements to existing open culverts; Constructing phased improvements at up to four publicly owned sites adjacent to the route (Emeryville Center for Community Life, Temescal Park, 48 th Street Community Garden, and Horton Street Landing Park); Developing Conditions of Approval or Design Guidelines for the development of the site owned by the Emeryville Redevelopment Agency at I-80 (including an existing open culvert and pedestrian bridge); and Upgrading improvements at the terminus of the greenway, at the mouth of the creek and the Bay, including an evaluation of Eastshore Park restrictions and opportunities. Interpretive signage and wayfinding will also be evaluated. The plan will consider improvements on the Temescal Greenway that can provide for adaptation to sea rise and risk of increased flooding. The Plan will evaluate easements and acquisition strategies for the most direct route alignment and evaluate alternative routes to implement phased development should acquisition be infeasible and use of existing right of way and public sites be necessary. Staff will work closely with other agencies and cities controlling adjacent land: the Alameda Flood Control Agency (which owns two parcels along the creek between City property at the 48 th Street Garden and Temescal Creek Park), East Bay Regional Park District/State Parks and the City of Oakland. The Plan, as proposed, is an Implementation Strategy designed to identify the physical, political, engineering, organizational, and financial limits to realizing the vision of the General Plan and address each as possible or modify the project as necessary. The Strategy will develop a project scope targeted to publically owned right of way or minimal property acquisition. The Strategy will be designed to account for security issues, flooding, and climate change. Budget estimates will be developed to evaluate capital and operating/maintenance funding feasibility.

4 City Council Agenda July 19, 2011 Temescal Creek Greenway Implementation Plan Page 4 of 7 The Workplan submitted with the grant application is presented as Attachment 2. Requirements of the Grant Plans submitted for an Urban Greening Planning Grant must receive a minimum of 65 points to be considered for funding. Points can be received for meeting program objectives, priority considerations or demonstrated organizational capacity. There are no minimum grant applications, but the maximum grant is $250,000. Proposals will be scored on the following Plan Objectives: Demonstrated need via Work Plan Identifies active involvement of community Integrates entities with jurisdiction over existing resources covered by the plan Promotes healthy community development Demonstrated organizational capacity Additional priority is given for proposals that: Are more vulnerable to climate change Serve disadvantaged or severely disadvantaged communities This grant proposal will receive priority consideration as the Triangle Neighborhood of Emeryville is defined as a qualifying disadvantaged community and Emeryville is a community of additional risk due to sea rise. A letter of concurrence was obtained from ABAG documenting the regional significance of the Plan. Letters of support were obtained from the City of Oakland, the East Bay Bicycle Coalition, the Emeryville Unified School District and Merritt College Environmental Management and Technology Program. Preliminary Scope of Work Project administration and contracting Project administration and contracting will not be charged to the grant but rather stated as an in-kind contribution including: Project Initiation / Kick-off Meeting Establish Inter-Agency Participation Process Preparation of a Request for Proposal (RFP) for consultant selection Evaluation of a Proposals and Award of consultant contract

5 City Council Agenda July 19, 2011 Temescal Creek Greenway Implementation Plan Page 5 of 7 Public outreach to Identify Existing Challenges and Opportunities Public outreach will include: Meetings with Public Agency staff including City of Oakland, Eastshore State Park, Alameda County Flood Control, Emeryville Unified School District, AC Transit Park, Cycling, Education Stakeholders and City Advisory Bodies Property Stakeholders Tribal Stakeholders These stakeholder focus groups will allow the Consultant to refine the scope of services and identify barriers to alternative alignments, key security, flooding and climate change concerns, to identify opportunities for partnership and collaboration. Conceptual Design The conceptual design will consist of evaluating three basic alternatives for the Greenway scope: 1. A greenway limited to existing right of way, city parks, and City/Agency owned property. No creek daylighting would be included in this alternative. 2. A greenway with limited creek daylighting provided through constructed creek elements on a portion of the public right of way and public property. 3. A maximized restoration or re-creation of the prior creek including targeted acquisition of property to allow continuous alignment. Budget The grant application proposes that the City bear the in-kind costs of initiating collaboration with stakeholders, selecting a consultant through an RFP process, and ongoing project management. These in-kind costs are presented as a match to the grant (about 20%, at just under $50,000) and, while not required, will give the grant application a competitive advantage. The estimated project budget is as follows: Public Outreach and Identification of Existing Challenges and Opportunities - $68,000 Conceptual Design - $ 52,000 Feasibility Analysis - $36,000 Final Temescal Greenway Implementation Plan and Feasibility Analysis - $16,000

6 City Council Agenda July 19, 2011 Temescal Creek Greenway Implementation Plan Page 6 of 7 Contingency - $20,000 Printing and graphics - $8,000 The total grant request is $200,000, with in-kind support provided by City staff in the form of project management and interagency collaboration, estimated at $47,520. Next Steps The Grant Application was submitted July 1. Preliminary meetings over the summer and fall of 2011, in advance of a grant award, may be initiated with affected agencies (such as property holders including Alameda County Flood District and East Bay Regional Parks, easement holders including East Bay Municipal Utility District, and regulators including the Bay Conservation and Development Commission to refine the scope of the request for proposals (RFP). Notification of an award is not expected until the end of the year or early spring If awarded, staff would convene initial stakeholders to a project scoping meeting in spring, and by summer of 2012, a RFP to consultants would be released. It is anticipated that the Implementation Plan would be completed by mid-year FINANCIAL CONSIDERATIONS A request of $200,000 is proposed to fund the scope of the study. No match is required by this grant source but an in-kind match is highlighted in the budget proposal and priority is given to proposals which leverage funds. LEGAL CONSIDERATIONS The City Attorney has reviewed and approved the resolution as to form.

7 City Council Agenda July 19, 2011 Temescal Creek Greenway Implementation Plan Page 7 of 7 Amber Evans, CED Coordinator Economic Development & Housing Department Helen Bean, Director Economic Development & Housing Department APPROVED AND FORWARDED TO THE CITY COUNCIL of THE CITY OF EMERYVILLE Patrick D. O Keeffe, City Manager Attachments: Resolution Attachment 1 - Description of Temescal Creek Greenway Attachment 2 Work Plan of Application to Strategic Growth Council

8 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPROVING THE APPLICATION FOR THE URBAN GREENING PLANNING GRANT FOR $200,000 FOR THE TEMESCAL CREEK GREENWAY IMPLEMENTATION PLAN 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 Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality And Supply, Flood Control, River And Coastal Protection Bond Act Of 2006 (Proposition 84); and WHEREAS, the Strategic Growth Council has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures by Strategic Growth Council require a resolution certifying the approval of application(s) by the Applicants governing board before submission or provide a draft resolution and commitment to approve such a resolution at the next board meeting in such cases as the board is meeting after the submittal deadline; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the development of the Urban Greening Plan; NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF EMERYVILLE hereby: 1. Approves the filing of an application for the Temescal Creek Greenway Implementation Plan, and 2. Certifies that applicant understand the assurances and certification in the application; and 3. Certifies that Applicant will have sufficient funds to develop the Plan or will secure the resources to do so, and 4. Certifies that applicant will work towards the State s Planning Priorities intended to promote equity, strengthen the economy, protect the environment and promote public health and safety as identified in Government Code Section , and 5. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, and payment requests, and so on, which may be necessary for the completion of the aforementioned project(s).

9 Resolution City Council Agenda July 19, 2011 Temescal Creek Greenway Implementation Plan Page 2 of 2 ADOPTED by the City Council of the City of Emeryville at its regular meeting held Tuesday, July 19, 2011 by the following vote: AYES: NOES: EXCUSED: ABSTAINED: ABSENT: MAYOR ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY

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13 Attachment 2 Urban Greening Planning Grant Application: Temescal Creek Greenway Implementation Plan Work Plan The Temescal Creek Greenway Implementation Plan is split into two phases. The first phase, without support from the grant, will be provided by the City of Emeryville as an in kind match and will include: Project Initiation / Kick off Meeting Establish Inter Agency Participation Process Development of an RFP for consultant selection (state review of this scope of work will be arranged as necessary) Award of consultant contract This phase will determine the alternatives to be considered in the contracted scope including key alternative routes, key acquisition sites to be evaluated and the scope of a financing strategy related to these acquisitions and project development. There are three alternatives to the planned route, to be explored and potentially included in the scope of work, these are: a. Basic Greenway plant trees and plant palette consistent with Bayfriendly palette, create interpretive signage and bicycle and pedestrian amenities from Adeline Street through Temescal Creek Park to 53 rd Street to Horton Landing Park and the South Bayfront Bridge to Ohlone way and the pedestrian bridge over the culvert at the mouth of the creek at the San Francisco Bay. b. Creek Crossings and Greenway Consider a variety of options for creek interpretation, bioswale development, and possible release of seasonal flow from the existing storm drain into proposed bioswale(s) installed in curb extensions along 53 rd Street. c. Limited Daylighting of the Creek and Greenway Consider a variety of options for daylighting, re creation of creek beds, creek interpretation, release of seasonal flow from the existing storm pipes and other water features in the park and greenway segments along the proposed greenway route including: Temescal Creek Park 48 th Street Community Garden Alameda County Flood District lands Emeryville Unified School District property A major park acquisition site at the existing PGE facility Novartis parking facilities Horton Landing Park 1

14 CDC property at the culvert at the mouth of the creek The second phase will be initiated with a consulting contract funded by the proposed grant for the development of a Temescal Creek Greenway Implementation Plan and include the following elements: Public Outreach Identify Existing Challenges and Opportunities Public Agency Staff Meeting Park and Cycling Stakeholder Focus Group Property Stakeholder Focus Group City Advisory Body Focus Groups Education, Senior and Disabled Service Provider Focus Group Tribal Stakeholder Focus Group Survey of utilities Research of as built utilities/sonar detection for right of way constraint analysis Develop Community Meeting #1 Materials Website Development & Support Community Workshop #1 Conceptual Design Evaluate existing right of way and daylighting and greenway potential Evaluate existing public property and daylighting and greenway potential Conceptual Design Alternatives daylighting and stormwater diversion Draft plant palette Inventory Trees and compatibility with stormwater modifications Community Workshop #2 Feasibility Analysis Easement acquisition strategy Fee title acquisition strategy Public project phasing and project modification Draft Conditions of Approval for adjacent properties Capital and operating cost projections Funding options Safety and public access analysis Community Workshop #3 Final Temescal Greenway Implementation Plan and Feasibility Analysis Draft Final Implementation Plan and Feasibility Analysis City Council and Planning Commission Meetings (5) Final Report Temescal Creek Greenway Implementation Plan will assess how a critical open space and transportation network can serve: 2

15 Local and regional pedestrian and bicycle access (including school children and their families served by facilities along the greenway and regional commuters from Berkeley and Oakland seeking to access Treasure Island or Bay Street Center); Pre school through high school users who have a critical need for additional naturalized park spaces. With three school sites directly adjacent to the planned route, including the Emeryville Center for Community Life (ECCL) site, Escuela Bilengua and the Child Development Center, the Greenway could offer not only recreation but key curriculum opportunities to students via access to daylighted creek elements, riparian plantings and interpretive elements; Seniors (with City s only senior facility three blocks east); Tribal interests (with historic hunting and burial grounds all along the route of the now undergrounded creek); Eastshore State Park users; and Adjacent public and private property owners with limited exposed creek segments in culverts through out the Greenway possible routing. The Plan will analyze the feasibility of and barriers to: Limited daylighting of creeklet segments, consideration of pipe outlets for recreated seasonal creeks varying from steady stream to padding or frog creeks and exploration of creek crossings at street intersections (with bioswale treatments and possible limited daylighting); Bicycle and pedestrian improvements to the right of way on 53 rd Street and the San Pablo Avenue offset crossing; Riparian improvements to existing open culverts; Phased improvements at up to four publicly owned sites adjacent to the route (ECCL, Temescal Park, 48 th Street Community Garden, Horton Street Landing Park); Conditions of approval or design guidelines for the development site owned by the Emeryville Redevelopment Agency at I 80 (including an existing open culvert and pedestrian bridge); Consideration of site acquisition or easements where park, access or daylighting could be expanded via a feasible acquisition from a willing seller; and The mouth of the creek, bay interface, Eastshore State Park restrictions and opportunities, storm water system outlet, and the terminus of the greenway plan. Interpretive signage and wayfinding will also be evaluated. The plan will consider improvements on the Temescal Creek Greenway that can provide for adaptation to sea rise and risk of increased flooding. The Plan will evaluate easements and acquisition strategies for the most direct route alignment and evaluate alternative routes to 3

16 implement phased development should acquisition be infeasible and use of existing right of way and public sites be necessary. Staff will work closely with other agencies and cities controlling adjacent land: the Alameda Flood Control Agency (which owns two parcels along the creek between City property at the 48 th Street Garden and San Pablo Avenue), East Bay Regional Park District/State Parks and the City of Oakland. Plan as proposed is an Implementation Strategy designed to identify the physical, political, engineering, organizational, and financial limits to realizing the vision of the General Plan and then address them. The Strategy will develop a project scope targeted to publically owned right of way or minimal property acquisition. The Strategy will be designed to account for security issues, flooding, and climate change. Budget estimates will be developed to evaluate capital and operating/maintenance funding feasibility. 4