Title
Recommendation to Authorize the City Manager to Execute an Agreement with the California Department of Toxic Substances Control, for an Amount Not-to-Exceed $134,423, to Provide Soil Remediation Oversight Services Related to the Clement Avenue/Tilden Way Project.
These actions are statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3), the general rule that CEQA only applies to actions that have the potential to cause a significant impact on the environment, 15308 (actions by regulatory agencies for protection of the environment) and 15183 (projects consistent with a community plan, general plan or zoning). (Transportation 20962743)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
The Clement Avenue/Tilden Way (Clement/Tilden) project uses the abandoned railroad right-of-way at Clement Avenue and Tilden Way to extend the Cross Alameda Trail between Broadway and the Miller-Sweeney/Fruitvale Bridge and to improve the truck and bus routes in this area. As part of the Clement/Tilden project, the City of Alameda (City) is committed to investigating and remediating soil contamination at this former railroad site. The purpose of this agenda item is to authorize the City Manager to execute an agreement with the California Department of Toxic Substances Control (DTSC). This agreement allows for DTSC to obtain reimbursement for their oversight costs incurred on the Clement/Tilden project’s environmental clean-up work that the City is leading.
BACKGROUND
Over the last 20 years, the City has been planning for and constructing the Cross Alameda Trail on former railroad right-of-way, spanning four miles from the Seaplane Lagoon at Alameda Point to the Miller-Sweeney/Fruitvale Bridge. Upon completion, the cross island, low-stress bicycle and pedestrian facility will provide a safe, comfortable and convenient facility for bicyclists and pedestrians across the city. Three of the four miles have been constructed, and three “gaps” in the Cross Alameda Trail still need to be closed. In late 2023, construction will start on Clement Avenue to build the segment between Willow Street and Broadway, closing the first “gap.” The new residential project on the former Pennzoil site, which includes construction of the Clement Avenue extension and the Cross Alameda Trail between Hibbard Street and Grand Street, will close the second “gap” when the private development is ready to start construction. The third and final section to be constructed is the section from Broadway to the Miller-Sweeney/Fruitvale Bridge, which is included in this Clement/Tilden project. The Clement/Tilden project also includes transportation safety and access improvements in the project area, a dog park, and an expansion of park space for the adjacent “Wedge” and Fernside neighborhoods. Recreation and Parks Department is leading a separate community planning process to design and program the future dog park and park space.
The Clement/Tilden project is made possible by a series of important City Council decisions including:
• In 2009, City Council approved the Transportation Element of the General Plan policy that directs staff to "Pursue opportunities to utilize the corridor of the former Alameda Belt Line railroad for transit, bicycle and pedestrian transportation." The 2009 General Plan also listed Clement (East) between Broadway and Tilden Way as a future new street, and listed both Clement Avenue and Tilden Way as truck routes and regional arterials;
• In 2017, City Council appropriated $2 million in Alameda County Transportation Commission (Alameda CTC) Measure BB grant funds and $707,000 of local match for fiscal years 2017 to 2019 as shown in the Capital Improvement Program (CIP) for the Clement/Tilden project;
• In 2018, City Council authorized the pre-construction grant funding agreement with the Alameda CTC totaling $2 million in Measure BB funds and $445,000 in local match, and also approved taking action to acquire the Union Pacific property via eminent domain for the Clement /Tilden extension;
• In 2019, City Council appropriated an additional $2 million in Measure BB grant funds and $470,000 of local match for fiscal years 2019 to 2021 as shown in the CIP for the Clement/Tilden project;
• In 2021, after several years of real estate negotiations, City Council finalized the purchase of the Clement/Tilden property from Union Pacific via eminent domain for approximately $1.54 million. City Council also approved the Second Amendment of the Agreement for Kittelson & Associates, Inc. that included planning and community engagement for the Clement/Tilden project in 2022; and
• In March 2023, City Council endorsed the design concept for the Clement/Tilden project (Exhibit 1), and approved the Third Amendment of the Agreement for Kittelson & Associates, Inc. to prepare the design drawings for construction.
Construction is expected to begin in spring 2024 and be completed in mid-2025. Information regarding the Clement/Tilden project is available on the project webpage: www.alamedaca.gov/ClementTilden <http://www.alamedaca.gov/ClementTilden>. The purpose of this agenda item is to authorize the City Manager to execute an agreement with the California DTSC. This agreement allows for DTSC to obtain reimbursement for their oversight costs required for the Clement/Tilden project’s environmental clean-up work led by the City.
DISCUSSION
DTSC Process: DTSC is a state agency regulating public exposure to environmental hazards and related clean-up efforts and remediation. As described in Exhibit 2, the DTSC process involves an investigation, a health risk assessment, a remedy plan, an implementation plan, and community engagement to clean-up the hazardous substances that exist on the site. If deemed necessary, DTSC may require the City to enter into an operation and maintenance agreement with DTSC. Before field activities begin, the City will need to submit a health and safety plan. The City analysis must be in accordance with a quality assurance/quality control plan that is approved by DTSC. All City work performed pursuant to this agreement is subject to DTSC’s review and approval. At a later date, City staff will request approval of a technical consultant to lead the soil analysis and develop the required documents for DTSC review and approval process.
ALTERNATIVES
The City Council may consider a range of alternatives:
• Authorize the recommended agreement.
• Direct staff to make specific changes to the agreement, which will need to be negotiated with DTSC.
• Do not authorize the agreement. The Clement/Tilden project only can move forward with environmental clean-up oversight by DTSC.
FINANCIAL IMPACT
The Clement/Tilden project (C65300) has a budget of $11.7 million (Table 1). Costs include right-of-way acquisition, which is completed, planning and design, hazardous materials remediation and construction. The City has received an $8.4 million Measure BB grant, and has $3.3 million in local monies for this project. The City will pay DTSC a total of $134,423, which includes an advance payment of $67,212. The expenses to DTSC will be covered as part of the Clement/Tilden project budget under the “Environmental Clean-up” category shown in the table. No additional budget is needed for the proposed DTSC agreement.
Table 1: Clement/Tilden Project Budget
|
|
Total |
Grant |
Local |
|
Right-of-Way |
$1,615,391 |
$1,068,743 |
$546,648 |
|
Planning/Scoping |
$275,609 |
$244,000 |
$31,609 |
|
Prelim. Engineering/Environmental |
$400,000 |
$244,000 |
$156,000 |
|
Final Design |
$600,000 |
$434,000 |
$166,000 |
|
Environmental Clean-Up |
$1,000,000 |
$885,312 |
$114,688 |
|
Construction Bid |
$6,807,000 |
$5,518,945 |
$1,288,055 |
|
Construction Support |
$1,000,000 |
$0 |
$1,000,000 |
|
Total |
$11,698,000 |
$8,395,000 |
$3,303,000 |
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code and with the City's Mobility Element (ME) of the Alameda 2040 General Plan (2021) main goals of equity, safety, choices and sustainability. The Parks + Open Space Element specifically mentions the Cross Alameda Trail to promote its completion.
The General Plan specifically calls for the “use of roundabouts at intersections to improve the safety and lower maintenance costs compared to traffic signals”; when considering modification to an intersection, to “prioritize roundabouts and traffic circles for consideration”; to “reduce speeding and collisions on 4-lane roads on high-injury corridors, consider converting the 4-lane road to a 2-lane road with turning lanes, transit lanes, or bicycle lanes”, to “complete the Clement Avenue extension from Sherman Street to Grand Street and from Broadway to Tilden Avenue”; to “reconfigure Tilden Avenue into a 25 mile per hour, complete street with sidewalks, low-stress bikeways and safe pedestrian crossings”; and to “utilize former railroad and public rights-of-way for transportation improvements and extensions to the Alameda street grid and pathway network”.
ENVIRONMENTAL REVIEW
These actions are statutorily exempt from environmental review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to actions that have the potential to cause a significant impact on the environment. As a separate and independent basis, these actions are also exempt from CEQA pursuant to CEQA Guidelines Sections 15308 (actions by regulatory agencies for protection of the environment) and 15183 (projects consistent with a community plan, general plan or zoning). None of the exceptions in CEQA Guidelines Section 15300.2 apply.
CLIMATE IMPACT
Since vehicle miles traveled in Alameda is the largest source of greenhouse gas emissions in Alameda, City staff is expecting that the Cross Alameda Trail extension between Clement Avenue and the Miller-Sweeney/Fruitvale Bridge and a roundabout at Blanding/Tilden/Fernside would have a positive climate impact. The concept was developed to make it safer and more convenient to bicycle, walk and ride the bus and to reduce congestion and idling motor vehicles.
RECOMMENDATION
Authorize the City Manager to execute an agreement with the California DTSC, for an amount not-to-exceed $134,423, to provide soil remediation oversight services related to the Clement /Tilden project.
Respectfully submitted,
Allen Tai, Acting Director of Planning, Building and Transportation
By,
Gail Payne, Project Manager
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Design Concept
2. Agreement
cc: Erin Smith, Public Works Director