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