1 STAFF REPORT
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DATE: July 25, 2023
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director
Dawn Roth Lindell, General Manager, Burbank Water & Power BY: Simone McFarland, Assistant Community Development Director
SUBJECT: Adoption of a Resolution to Approv e an Offer to Purchase Easement Interest in a Property and a Certificate of Acceptance and Consent to Recordation for an Easement Deed with Los Angeles County Flood Control District for the Burbank Water and Power Campus Stormwater Improvement Project
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RECOMMENDATION
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURBANK
AUTHORIZING THE CITY MANAGER TO EXECUTE AN OFFER TO PURCHASE
EASEMENT INTEREST IN A PROPERTY AND A CERTIFICATE OF ACCEPTANCE
AND CONSENT TO RECORDATION FOR AN EASEMENT DEED WITH LOS ANGELES
COUNTY FLOOD CONTROL DISTRICT FOR THE BURBANK WATER AND POWER CAMPUS STORMWATER IMPROVEMENT PROJECT.
BACKGROUND
The B urbank Water and Power (BWP) c ampus is an industrial site with stormwater discharges to the Burbank Western Channel (BWC) subject to the National Pollutant Discharge Elimination System General Permit No. CAS00001 ( permit) issued under the Federal Water Pollution Control Act (Clean Water Act). The permit requires BWP to (a) develop its own stormwater pollution prevention plan, (b) control pollutant discharges using the best available technologies, and (c) implement such technologies through best management practices. The permit requires industrial facilities to collect, at a minimum, four stormwater samples per reporting year and compare them to effluent limitations applicable to the site. If the effluent limitations are exceeded, then BWP must implement additional technologies and practices, as necessary. BWP’s stormwater sample results continue to indicate issues with the permit’s metals effluent limitations, specifically iron, zinc, and copper.
To address the stormwater compliance issues, BWP is in the process of implementing a stormwater improvement project. There are two major components to this project. The
COMMUNITY
DEVELOPMENT
2 first component is re -routing the city -owned stormwater line that currently discharges offsite commercial and industrial area stormwater into the BWP campus stormwater system, prior to being discharged to the BWC. The separation of the stormwater line will eliminate the mixing of offsite stormwater with BWP campus stormwater and reduce the volume of stormwater that will be collected for reuse and infiltration to a manageable amount. This will also limit the risk of off-site contaminants impacting the quality of BWP stormwater.
The second component of this project is the installation of an on-site stormwater capture, retention, reuse, and infiltration system designed to meet the requirements of the permit.
This system was designed based on a feasibility evaluation, taking into consideration the facility's existing stormwater infrastructure, site hydrology, desired metals reduction, available space, cost, and options for stormwater retention systems.
DISCUSSION
To separate the off -site stormwater line from the BWP campus stormwater system, the off-site stormwater line will be re -routed and a new connection installed directly to the BWC. The land surrounding the BWC is owned by the Los Angeles County Flood Control District (LACFCD) and, therefore, a utility easement is required to install the new stormwater line in this area. The Community Development Department (CDD) worked with BWP to obtain an appraisal of the land, in accordance with Burbank Municipal Code Section 2-2-502, requiring a utility easement for this project. Based on the appraisal value, BWP made an offer to purchase the subject easement. LACFCD accepted the offer and provided an easement deed, subject to approval by the Board of Supervisors of the County of Los Angeles in the Fall of 2023.
Pursuant to Burbank Municipal Code Section 2-2-501, the City Manager is authorized to purchase real property, subject to City Council approval.
By purchasing the easement, BWP will be able to move forward with the project, improving storm water quality and avoiding penalties for noncompliance.
ENVIRONMENTAL IMPACT
The Burbank City Council adopted a Mitigated Negative Declaration for the stormwater improvement project in accordance with the California Environmental Quality Act (CEQA) on June 13, 2023.
FISCAL IMPACT
The cost of the proposed easement is $36,053. Funds are budgeted and will be encumbered in the Fiscal Year 2023-2024 budget.
CONCLUSION
Purchasing an easement from the LACFCD is required to proceed with the BWP campus stormwater improvement project.
ATTACHMENTS
Attachment 1 - Resolution
Attachment 2 - Acceptance Letter from LA County Flood Control District Attachment 3 - Proposed Easement Deed