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File Number: 23-397 that links Haas Ave and Cary Drive. City staff responded to this significant event from the storm events. To further prevent impact to the local waterways from the storms, staff sought assistance from McGuire & Hester to provide an initial remedy to the site. Once stabilized, staff met with the Bay Area Regional Water Quality Control Board to seek permission and review of the proposed methodology for entering the creek for removal of the bridge and the tree. In May, the City was advised that permitting would be required from the three regulatory agencies. Concurrently, the City has begun the process for reimbursement from FEMA. The work must be completed prior to the upcoming rain season. Permitting is required from the following agencies before onsite work can begin. The City has contracted with Terraphase to provide the following scope of work. 1.U.S. Army Corps of Engineers (USACE) 2.Regional Water Quality Control Board (RWQCB) 3.California Department of Fish and Wildlife (CDFW) 4.Support compliance with the California Environmental Quality Act (CEQA). 5.Terraphase will prepare permit applications for the USACE, RWQCB, CDFW, and will support CEQA compliance (it is assumed that a CEQA Categorical Exemption filing will be sufficient to support the Project). The following tasks must be completed before onsite work can begin. That work is expected to take 2-3 months. 1.USACE: Clean Water Act (CWA) Section 404 Nationwide Permit 33 2.RWQCB (Region 2): Clean Water Action Section 401 Water Quality Certification Permit 3.CDFW: Section 1602 Streambed Alteration Agreement Permit 4.Coordination with EBMUD on any potential Chabot Dam releases prior to scheduling start of work 5.Biological assessment 6.Development of a Monitoring and Maintenance Plan as required by the RWQCB Analysis Abatement, removal, and hauling of debris in the San Leandro Creek requires coordination with three regulatory agencies, adjacent property owners and installation of temporary upstream dams. McGuire & Hester have previous experience along San Leandro Creek having recently completed a similar project near the Oakland Zoo. Their services have been used successfully in the past by the City. The complexity of this project along with the required timing cannot be achieved with standard competitive solicitation and award procedures because the delay caused by the standard competitive solicitation process would delay the timeframe for completion of this project, which must be completed by the rainy season and expose the City to liability due to a dangerous condition of public property and attractive nuisance. Therefore, an emergency exists for the timely and necessary demolition, removal, and hauling of a large eucalyptus tree, pedestrian bridge, and other debris from the bridge’s collapse. Page 2 City of San Leandro Printed on 8/30/2023