TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Ramzi Awwad, Public Works Director
Gilbert Gamboa, City Engineer
Eduardo Pech, Senior Civil Engineer
SUBJECT:Title
Consideration of a Resolution Approving a Right-of-Way Encroachment Agreement with the City of Hermosa Beach for Construction and Maintenance of a Stormwater Trash Capture Device on the 1st Street City Boundary Limit (No Budget Impact) (Public Works Director Awwad)
ADOPT RESOLUTION NO. 26-0100
Body
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RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 26-0100:
1. Approving a right-of-way encroachment agreement with the City of Hermosa Beach for construction and maintenance of a stormwater trash capture device on the 1st Street City Boundary Limit; and
2. Authorizing the City Manager and/or his or her designee to execute the agreement.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
Under the Federal Clean Water Act and California Porter-Cologne Water Quality Control Act, municipalities in Los Angeles County must implement measures to reduce pollutants in the storm drain system to comply with the Los Angeles Regional Municipal Separate Storm Sewer System (MS4) Permit.
As part of efforts to meet these requirements, the cities of Manhattan Beach, Hermosa Beach, Redondo Beach, and Torrance, along with the Los Angeles County Flood Control District, have jointly developed a Watershed Management Program (the Beach Cities WMP). The Beach Cities WMP identified capital improvement projects that will reduce pollutants conveyed through the storm drain system to the Santa Monica Bay and Dominguez Channel.
One of the capital improvement projects in the Beach Cities WMP includes the installation of trash capture devices in storm drain systems that drain to the Santa Monica Bay within the City’s jurisdiction. This project is known as the Santa Monica Bay Stormwater Total Maximum Daily Load (TMDL) Trash Treatment Project. The Project will close the gap in the City’s discharge compliance requirements for approximately 40 percent of the City’s watershed, with the remaining areas captured either by existing devices or by the 28th Street Stormwater Infiltration Project.
The City contracted with Clarke Contracting Corporation (Clarke) for the installation of trash capture devices in storm drain systems located on the following streets:
1. 1st Street from Ocean Drive to the Strand;
2. 14th Street from Ocean Drive to the Strand;
3. 24th Street from Ocean Drive to the Strand;
4. 26th Street from Ocean Drive to the Strand;
5. 32nd Street from Ocean Drive to the Strand;
6. 39th Street from the Strand to the Marvin Braude Bike Trail; and
7. Throughout the City between Ocean Drive and The Strand.
The trash capture device for the 1st Street from Ocean Drive to The Strand storm drain encountered unforeseen utility conflicts during construction, and as a result, construction was paused at the end of March 2025 to redesign the device.
DISCUSSION:
After completing the redesign of the 1st Street from Ocean Drive to The Strand storm drain trash capture device, a preconstruction meeting was held, with the City of Hermosa Beach also present, considering that the project is adjacent to their jurisdiction. During this meeting, Staff learned that the trash capture device would encroach on the Hermosa Beach Right-of-Way (ROW). Despite best efforts to avoid this encroachment, it became evident that it was not possible to meet the project objectives without encroaching into the City of Hermosa Beach’s ROW. The installation area, as shown on Exhibit B of the Agreement, is the minimum required to include all components necessary.
An encroachment agreement is required with the City of Hermosa Beach to install and maintain the trash capture device. The agreement allows the City’s contractor, Clarke, to install the trash capture device underground, partially in the City of Hermosa Beach’s ROW.
Additionally, the agreement establishes the City of Manhattan Beach as the responsible party for operating and maintaining the device, considering that the contributing drainage area is entirely within the City of Manhattan Beach. The agreement also establishes the terms for repair, replacement, and removal, for as long as the device remains in the encroachment area.
To allow for construction of the trash capture device in the storm drain system for 1st Street from Ocean Drive to The Strand and therefore reduce pollutants entering the Santa Monica Bay, staff recommends that the City Council approve an encroachment agreement with the City of Hermosa Beach. Upon approval of the encroachment agreement, and counter-approval by the City of Hermosa Beach, the Project is scheduled to move forward with installation this Fall (September through November) in preparation for the upcoming rainy season.
PUBLIC OUTREACH:
The Project was presented to the Parking and Public Improvements Commission on October 26, 2023. Additionally, a public outreach meeting with stakeholders was held on January 30, 2024, in Council Chambers to present the project design and discuss the benefits to the community and construction impacts. Area residents will continue to be updated with information posted on the City’s website. During construction, public outreach will continue to include an initial project construction notice mailed to nearby residents and property owners, and periodic updates at construction milestones on the City website
ENVIRONMENTAL REVIEW:
The proposed additions to the project were evaluated for compliance with the California Environmental Quality Act (CEQA), and a determination was made that the existing Categorical Exemption pursuant to Section 15301(c) of the State CEQA Guidelines (the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; including existing highways, streets, or sidewalks) for the Project remain applicable. There are no features that distinguish this project from others in the exempt class; therefore, there are no unusual circumstances.
LEGAL REVIEW:
The City Attorney has approved the agreement as to form.
ATTACHMENTS:
1. Resolution No. 26-0100
2. Construction and Maintenance Agreement - City of Hermosa Beach