CITY OF HERMOSA BEACH
CITY COUNCIL
Regular Meeting Agenda - Addendum
Tuesday, September 22, 2026
Closed Session at 5:00 PM and Open Session at 6:00 PM
Council Chambers
1315 Valley Drive
Hermosa Beach, CA 90254
CITY COUNCIL
Mike Detoy, Mayor
Michael D. Keegan, Mayor Pro Tem
Ray Jackson, Councilmember
Dean Francois, Councilmember
Rob Saemann, Councilmember
David Pedersen, City Treasurer
APPOINTED OFFICIALS
Steve Napolitano, City Manager
Jason Baltimore, Interim City Attorney
EXECUTIVE TEAM
Brandon Walker, Administrative Services Director
Martha Alvarez, City Clerk
Alison Becker, Community Development Director
Lisa Nichols, Parks and Recreation Director
Landon Phillips, Police Chief
Joe SanClemente, Public Works Director
AMERICANS WITH DISABILITIES ACT OF 1990 - To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0204 or at [email protected] at least 48 hours before the meeting.
PARTICIPATION AND VIEWING OPTIONS
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• Phone: Toll Free: (833) 548 0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825 eComment: On the HTML agenda, click an agenda item, then click on the blue “Leave comment” (on computer) / blue speech bubble (on phone/tablet) button to provide a comment for that item. Submit eComments no later than three (3) hours before the meeting start time. •
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CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
I, Martha Alvarez, City Clerk of the City of Hermosa Beach, California, state under penalty of perjury that this amended notice/agenda was posted on Monday, September 21, 2026, on the City's Website and on the bulletin boards at City Hall.
Pages
15. CONSENT CALENDAR
*15.h ADOPT RESOLUTION TO APPROVE MAINTENANCE AGREEMENT
WITH CITY OF MANHATTAN BEACH FOR STORM DRAIN
INFRASTRUCTURE IN CITY ROW AND DETERMINE PROJECT IS
EXEMPT FROM CEQA- 26-PW-062
4 (City Engineer Saad Malim)
A) ADOPT RESOLUTION BY TITLE
B) AUTHORIZE CITY MANAGER TO EXECUTE THE
CONSTRUCTION AND MAINTENANCE AGREEMENT
City of Hermosa Beach | Page 1 of 4
Meeting Date: September 22, 2026
Staff Report No. 26-PW-062
Honorable Mayor and Members of the Hermosa Beach City Council
ADOPT RESOLUTION TO APPROVE CONSTRUCTION AND MAINTENANCE
AGREEMENT WITH CITY OF MANHATTAN BEACH FOR STORM DRAIN
INFRASTRUCTURE IN CITY ROW
CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”): The City of Manhattan Beach (“MB”) is the CEQA lead agency for the Santa Monica Bay Stormwater Total Maximum Daily Load Trash Treatment Project (“Project”). MB determined in connection with its February 20, 2024 approval that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines section 15301(c) (Existing Facilities). MB’s September 15, 2026 staff report states that: (1) the proposed additions and redesign of the 1st Street facility were evaluated for CEQA compliance; (2) the existing section 15301(c) exemption remains applicable; and (3) there are no unusual circumstances. HB is a responsible agency under Public Resources Code section 21069 because City Council approval of the Agreement is required to carry out the portion of the Project within HB’s public right-of-way. Staff therefore recommends that the City Council, in its capacity as a responsible agency, concur with and rely on MB’s lead-agency exemption determination and find that no additional CEQA review is required for HB’s approval of the Agreement.
(City Engineer Saad Malim)
A) ADOPT RESOLUTION BY TITLE
B) AUTHORIZE CITY MANAGER TO EXECUTE THE CONSTRUCTION AND
MAINTENANCE AGREEMENT
___________________________________________________________________________ Recommended Action:
Staff recommends City Council:
1. Adopt the attached resolution entitled “A Resolution of the City Council of the City of Hermosa Beach Approving a Construction and Maintenance Agreement with the City of Manhattan Beach for a Storm Drain Diversion Facility Within the Public Right-of-Way” (Attachment 1); and
2. Authorize the City Manager to execute the construction and maintenance agreement (Attachment 2) and the City Clerk to attest, subject to approval by the City Attorney.
3. Make findings as a responsible agency that the Agreement is exempt from CEQA under CEQA Guidelines section 15301(c).
Executive Summary:
As part of the Beach Cities Watershed Management Program to minimize wet weather discharges and eliminate dry weather discharges into the Santa Monica Bay, the City of Manhattan Beach (“MB”) approved the Santa Monica Bay Stormwater Total Maximum Daily Load (“TMDL”) Trash Treatment Project (“Project”), which includes a trash capture
City of Hermosa Beach | Page 2 of 4
device on 1st Street between Ocean Drive and The Strand at the City of Hermosa Beach (“HB”) municipal boundary. Construction of the 1st Street component encountered unforeseen utility conflicts and was paused while MB redesigned the device. MB’s September 15, 2026 staff report states that: (1) the redesigned facility must partially encroach into HB’s public right-of-way (“ROW”); (2) the installation area is the minimum required to include all necessary Project components; and (3) the contributing drainage area is entirely within MB. MB’s September 15, 2026 staff report further states that its existing categorical exemption under CEQA Guidelines section 15301(c) remains applicable to the redesigned facility and that there are no unusual circumstances. On September 15, 2026, the MB City Council adopted Resolution No. 26-0100 approving the Construction and Maintenance Agreement (“Agreement”). HB City Council approval of the Agreement is now required before the portion of the facility within HB ROW may proceed.
Background:
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 (“Beach Cities WMP”) to comply with the 2012 Los Angeles Regional Water Quality Control Board Storm Water Permit (LA MS4 Permit). The Beach Cities WMP identified capital improvement projects to minimize wet-weather discharges and eliminate dry-weather discharges into Santa Monica Bay, thereby reducing pollutants entering both water bodies and meeting the water quality-based effluent (outflow) limitations.
As part of the Beach Cities WMP to minimize wet weather discharges and eliminate dry weather discharges into the Santa Monica Bay, MB approved the Project. The Project will significantly reduce contaminated runoff into the Santa Monica Bay from MB and improve water quality in the Santa Monica Bay including HB.
On February 20, 2024, the MB City Council approved the Project (including its plans and specifications). The approved Project included the 1st Street trash capture device between Ocean Drive and The Strand.
Discussion:
The Project includes trash capture devices throughout MB, including the 1st Street location between Ocean Drive and The Strand at the HB boundary. According to MB’s September 15, 2026 staff report, construction of the 1st Street device encountered unforeseen utility conflicts and was paused at the end of March 2025 while MB redesigned the device. MB later coordinated with HB regarding the redesigned facility. MB’s staff report states that despite efforts to avoid an encroachment, the Project objectives cannot be met without partially encroaching into HB ROW; and the installation area shown in Exhibit B to the Agreement is the minimum area required to include all necessary Project components. The contributing drainage area is entirely within MB. The redesigned facility
City of Hermosa Beach | Page 3 of 4
extends approximately seven feet into HB ROW and connects to the existing storm-drain system.
A construction and maintenance agreement between MB and HB is required before MB may construct and maintain the portion of the redesigned facility located within HB ROW.
Public Works staff and the City Attorney’s Office have reviewed the Agreement, the 1st Street Trash Capture Structure Site Plan/Exhibit (Attachment 3), and the 1st Street Trash Capture Structure Legal Description (Attachment 4). On September 15, 2026, the MB City Council adopted Resolution No. 26-0100 approving the Agreement and authorizing the MB City Manager or designee to execute it.
Under the Agreement, MB will be responsible for operating and maintaining the facility and for damage to the encroachment area resulting from its use; as well as repair, replacement, and restoration obligations as provided in the Agreement. If HB approves the Agreement, MB anticipates proceeding with installation during the fall construction window in preparation for the rainy season. MB and Clarke Contracting Corporation, its contractor, will provide construction notices before work begins.
Environmental Analysis:
MB is the CEQA lead agency for the Project. In connection with its February 20, 2024 approval of the Project, MB determined that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines section 15301(c) (Existing Facilities).
MB’s September 15, 2026 staff report states that the proposed additions and redesign of the 1st Street Project component were evaluated for CEQA compliance and that a determination was made that the existing categorical exemption under CEQA Guidelines section 15301(c) remains applicable. The staff report further states that there are no features distinguishing the Project from others in the exempt class and therefore no unusual circumstances. The staff report also states that the installation area within HB ROW is the minimum area required to include all necessary Project components and that the contributing drainage area is entirely within MB.
Pursuant to Public Resources Code section 21080.1(a), MB’s lead-agency exemption determination is final and conclusive on all persons (including responsible agencies) unless challenged as provided in Public Resources Code section 21167.
Because the City Council has discretionary approval authority over the Agreement required to carry out the portion of the Project within HB’s public right-of-way, HB is a responsible agency under Public Resources Code section 21069. The administrative record before the City Council includes MB’s September 15, 2026 staff report, Resolution No. 26-0100, the Agreement, the Site Plan, and the legal description. Based on that record, staff recommends that the City Council (in its capacity as a responsible agency) find that: (1) HB’s approval of the Agreement is a subsequent discretionary approval
City of Hermosa Beach | Page 4 of 4
necessary to implement the same redesigned 1st Street Project component evaluated by MB; (2) the Agreement does not authorize a separate or materially different project; (3) the Project (including the redesigned 1st Street facility authorized by the Agreement) involves permitting and minor alteration of existing public facilities (including existing street and storm-drain infrastructure) with negligible or no expansion of existing or former use, consistent with CEQA Guidelines section 15301(c); and (4) no additional CEQA review is required for HB’s approval of the Agreement. Staff further recommends that the City Council, in its capacity as a responsible agency, concur with and rely on MB’s leadagency exemption determination.
If the City Council approves the Agreement and adopts the proposed Resolution, the City Clerk will be authorized and directed to file a Notice of Exemption pursuant to CEQA Guidelines section 15062 reflecting MB’s lead-agency exemption determination and HB’s responsible-agency approval of the Agreement.
Options for Council Consideration:
Option 1: Adopt the resolution and authorize the execution of the construction and maintenance agreement (Recommended)
Will allow for the Cities of Manhattan Beach and Hermosa Beach to move forward with the agreement and for Manhattan Beach to complete construction of the project to improve water quality in Santa Monica Bay including Hermosa Beach.
Option 2: Do not approve staff’s recommendations
Will prevent the Project from proceeding as proposed within HB ROW, delay MB’s contractor, and may affect MB’s schedule for meeting applicable stormwater compliance obligations before the rainy season.
Fiscal Impact:
There are no fiscal impacts associated with the recommended action.
Attachments:
1. SUPPLEMENT Draft Resolution
2. Draft Construction and Maintenance Agreement
3. Manhattan Beach 1st Street Trash Capture Structure Site Plan/Exhibit
4. Manhattan Beach 1st Street Trash Capture Structure Legal Description
5. SUPPLEMENT Manhattan Beach September 15, 2026 Staff Report
6. SUPPLEMENT Manhattan Beach Resolution No. 26-0100
Respectfully Submitted by: Saad Malim, City Engineer
Concur: Joe SanClemente, Public Works Director
Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager
CITY OF HERMOSA BEACH
RESOLUTION NO. 26-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH APPROVING A CONSTRUCTION AND MAINTENANCE
AGREEMENT WITH THE CITY OF MANHATTAN BEACH FOR A STORM
DRAIN DIVERSION FACILITY WITHIN THE PUBLIC RIGHT-OF-WAY;
MAKING RESPONSIBLE-AGENCY FINDINGS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Hermosa Beach (“HB”) has the authority to implement actions for the protection of public health, safety, and welfare (to include the construction, maintenance, and improvement of public streets, sidewalks, and related infrastructure within the public right-of-way) pursuant to California Streets and Highways Code Sections 1800 et seq., California Government Code Section 37359, and the California Constitution (Section 7 to Article XI); and
WHEREAS, HB is the legal owner or has an interest in the public right-of-way on 1st Street between Ocean Drive and The Strand at the municipal boundary with the City of Manhattan Beach (“Property”); and
WHEREAS, the City of Manhattan Beach (“MB”) intends to perform construction work (“Work”) for a storm drain diversion structure and appurtenant facilities (“Facility”) as more specifically described in MB’s Improvement Plan (“Site Plan”) as set forth in Exhibit B (attached hereto and incorporated herein by reference); and WHEREAS, a portion of the Facility will be located within HB’s public right-of-way requiring the grant of a real property interest for long-term installation, operation, and maintenance; and
WHEREAS, the Parties have negotiated a Construction and Maintenance Agreement (“Agreement”) granting MB a non-exclusive easement and related construction and maintenance rights over, under, and across a portion of the Property for the Facility (together with provisions governing maintenance, relocation, liability, and regulatory compliance) (“Easement”); and
WHEREAS, the MB City Council approved the Santa Monica Bay Stormwater Total Maximum Daily Load Trash Treatment Project on February 20, 2024, including its plans and specifications (“Project”), and MB acting as lead agency under the California Environmental Quality Act (“CEQA”) determined that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines section 15301(c) (Existing Facilities); and WHEREAS, the Project includes installation of a trash capture device on 1st Street from Ocean Drive to The Strand, where construction of that Project component encountered unforeseen utility conflicts and was paused at the end of March 2025 while MB redesigned the device; and
WHEREAS, MB’s staff report prepared for the City Council meeting of September 15, 2026, states that following redesign, the Facility must partially encroach into HB’s public right-of-way, and that: (1) the installation area shown in Exhibit B to the Agreement is the minimum area required to include all components necessary for the Project; and (2) the contributing drainage area is entirely within MB; and WHEREAS, the MB City Council adopted Resolution No. 26-0100 on September 15, 2026, approving the Agreement for construction and maintenance of the Facility at the 1st Street municipal boundary; and
WHEREAS, HB is a responsible agency within the meaning of Public Resources Code section 21069 because the City Council’s discretionary approval of the Agreement is required to carry out the portion of the Project within HB’s public right-of-way; WHEREAS, HB has reviewed the record materials relevant to its responsibleagency approval (including MB’s September 15, 2026 staff report, Resolution No. 26-0100, the Agreement, the Site Plan, and the legal description); and WHEREAS, the City Council finds that entering into the Agreement is in the public interest because the Project: (1) is intended to reduce pollutants entering Santa Monica Bay; (2) supports implementation of the Beach Cities Watershed Management Program, (3) preserves HB’s control of its public right-of-way; (4) places responsibility for operation and maintenance of the Facility on MB; and (5) facilitates implementation of the Project within the existing 1st Street public right-of-way.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The recitals above are true and correct, and are hereby incorporated herein by reference.
SECTION 2. Approval and Authorization. The City Council hereby: (a) approves the Agreement in substantially the form presented to the City Council as set forth in Exhibit A (attached hereto and incorporated herein by reference), subject to minor revisions approved by the City Manager and City Attorney; (b) authorizes the City Manager to execute the Agreement and any related documents necessary to implement its terms; and (c) authorizes the Public Works Director/City Engineer to administer the Agreement including approval of plans, issuance of encroachment permits, and enforcement of its provisions.
SECTION 3. California Environmental Quality Act (“CEQA”). The City Council makes the following findings and determinations in HB’s capacity as a responsible agency under CEQA:
a. MB Lead-Agency Determination. MB is the CEQA lead agency for the Project. In connection with its February 20, 2024 approval of the Project (including the plans and specifications), MB determined that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines section 15301(c) (Existing Facilities). Pursuant to Public Resources Code section 21080.1(a), MB’s exemption determination is final and conclusive on all persons (including responsible agencies) unless challenged as provided in Public Resources Code section 21167.
b. Evaluation of the Redesigned 1st Street Facility. MB’s September 15, 2026 staff report states that the proposed additions and redesign of the 1st Street Project component were evaluated for CEQA compliance and that the existing categorical exemption under CEQA Guidelines section 15301(c) remains applicable. The staff report further states that there are no features distinguishing the Project from others in the exempt class and no unusual circumstances. The staff report also states that the installation area within HB’s right-of-way is the minimum area required to include all necessary Project components and that the contributing drainage area is entirely within MB.
c. HB Responsible-Agency Findings. HB is a responsible agency under Public Resources Code section 21069 because the City Council has discretionary approval authority over the Agreement required to carry out the portion of the Project within HB’s public right-of-way. The City Council has reviewed and considered MB’s exemption determination and the record relevant to HB’s approval including MB’s September 15, 2026 staff report, Resolution No. 26-0100, the Agreement, the Site Plan, and the legal description. Based on that review, the City Council finds that:
(1) HB’s approval of the Agreement is a subsequent
discretionary approval necessary to implement the same redesigned 1st Street Project component evaluated by MB.
(2) The Agreement does not authorize a separate or
materially different project.
(3) The Project (including the redesigned 1st Street Facility authorized by the Agreement) involves permitting and minor alteration of existing public facilities (including existing street and storm-drain infrastructure) with negligible or no expansion of existing or former use, consistent with CEQA Guidelines section 15301(c). (4) No additional CEQA review is required for HB’s
approval of the Agreement. HB therefore concurs with and relies on MB’s lead-agency exemption determination.
d. Notice of Exemption. Following approval, the City Clerk is authorized and directed to file a Notice of Exemption pursuant to CEQA Guidelines section 15062 reflecting MB’s lead-agency exemption determination and HB’s responsibleagency approval of the Agreement.
SECTION 4. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid. The City Council hereby declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of this Resolution; cause the same to be entered among the original resolutions of the City Council; and make a minute of the passage and adoption thereof in the records of
the proceedings of the City Council in the minutes of the meeting at which time same is passed and adopted.
SECTION 6. Effective Date. This Resolution is effective immediately upon adoption.
PASSED, APPROVED and ADOPTED on this [__]th day of [_____] 2026. ______________________________________________________________________________ Mayor Mike Detoy
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
_______________________________ ________________________________ Martha Alvarez Jason Baltimore
City Clerk Interim City Attorney
CONSTRUCTION AND MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF HERMOSA BEACH
AND
THE CITY OF MANHATTAN BEACH
This Construction and Maintenance Agreement (“Agreement”) is made and entered into as of [________________], 2026 (“Effective Date”), by and between the City of Hermosa Beach (a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1315 Valley Drive, Hermosa Beach, California 90254) (“Participating Agency”) and the City of Manhattan Beach (a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1400 Highland Ave, Manhattan Beach, California 90266) (“Lead Agency”).
Participating Agency and Lead Agency are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.
RECITALS
A. Participating Agency is the owner of that certain public right-of-way which is generally located in Los Angeles County and more particularly described as set forth in Exhibit A (attached hereto and incorporated herein by reference); and B. Lead Agency is the Lead Agency for the Santa Monica Bay Total Maximum Daily Load Trash Treatment Project, Project No. SD-279 and intends to construct a permanent subsurface public storm drain diversion structure and appurtenant facilities (“Facility”) as more specifically described in Lead Agency’s Improvement Plan (“Site Plan”) as set forth in Exhibit B (attached hereto and incorporated herein by reference); and C. The Parties desire by this Agreement to formally establish the terms and conditions between Participating Agency and Lead Agency for the construction, installation, operation, maintenance, repair, replacement and removal the Facility in accordance with the Site Plan (“Work”) upon the terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.
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AGREEMENT
2. Construction and Encroachment Agreement. Participating Agency, for themselves and for their successors and assigns, hereby convey and grant to Lead Agency, its successors and assigns, an encroachment as described in Exhibit B (“Site Plan") and non-exclusive easement (the "Construction and Maintenance Agreement") over, under, in, along, across and upon the property described on the attached and incorporated in Exhibit A (the "Encroachment Area") for use in the construction and installation of the improvements and other construction purposes reasonably related to the construction of the improvements described in Exhibit B ("Site Plan"). Prior to commencement of the Construction and Maintenance Agreement, Lead Agency shall have access to the Encroachment Area during normal business hours to conduct all studies, tests, examinations and surveys necessary to design and construct the improvements.
3. Non-Exclusive Easement. The above-described Construction and Maintenance Agreement is to be used for the construction, installation, operation, maintenance, repair, replacement, and removal of the Facility. If Participating Agency, its officers, employees, contractors, consultants, or agents damage the Facility through negligent or willful acts or omissions, Participating Agency shall immediately notify the Lead Agency and promptly repair such damage or reimburse Lead Agency for the reasonable cost of repair or replacement.
4. Relocation. Participating Agency shall provide Lead Agency with reasonable advance written notice prior to performing work within or adjacent to the Easement Area that may impact the Facility and shall coordinate such work with Lead Agency whenever reasonably practicable. Prior to undertaking any capital improvement project that may require relocation, modification, or removal of the Facility, Participating Agency shall consult and coordinate with Lead Agency in good faith to evaluate alternatives that avoid or minimize impacts to the Facility.
5. Term; Abandonment. This Agreement shall take effect on the Effective Date and shall remain in effect for so long as the Facility remains within the Encroachment Area, unless terminated by written agreement of the Parties or removal of the Facility. Notwithstanding anything in this Agreement to the contrary, the Encroachment Area shall be deemed abandoned in the event Lead Agency voluntarily ceases to use the Encroachment Area for a period of more than five (5) years. Upon abandonment, this Agreement shall be terminated; and the Parties shall execute and record such documents as may be reasonably necessary to memorialize the termination of this Agreement.
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AGREEMENT
6. Insurance. Lead Agency shall maintain a policy of comprehensive general liability insurance with a limit of liability of not less than one million dollars ($2,000,000) per occurrence and two million dollars ($4,000,000) aggregate. The policies shall be in a form acceptable to Participating Agency, be primary insurance, and name Participating Agency (and its officials, officers, employees, agents, and volunteers) as an additional insured using a form acceptable to Participating Agency. Upon request by Participating Agency, Lead Agency shall provide Participating Agency with a certificate of insurance evidencing Lead Agency’s coverage in compliance herewith (including copies of the insurance policies if requested by Participating Agency). Participating Agency may from time to time (in its commercially reasonable judgment) increase the amount of coverage or otherwise modify the foregoing insurance requirements upon written notice to Lead Agency.
a. Qualifying Insurers. All policies required shall be issued by acceptable insurance companies (as determined by Participating Agency) which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any Federal law.
b. Additional Insurance Provisions
(1) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Lead Agency (and any approval of said insurance by Participating Agency) is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Lead Agency pursuant to this Agreement (including but not limited to the provisions concerning indemnification). (2) If at any time during the life of the Agreement any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Participating Agency has the right (but not the duty) to obtain the insurance it deems necessary; and any premium paid by Participating Agency will be promptly reimbursed by Lead Agency.
(3) Participating Agency may require Lead Agency to provide complete copies of all insurance policies in effect for the duration of the Encroachment Area.
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AGREEMENT
(4) Participating Agency (including Participating Agency’s Council, any member of Participating Agency’s Council, officials, officers, employees, agents, or volunteers) shall not be personally responsible for any liability arising under or by virtue of this Agreement.
c. Contractor and Subcontractor Insurance Requirements. Lead Agency shall not allow any contractors or subcontractors to commence work in the Encroachment Area until they have provided evidence satisfactory to Participating Agency that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such contractors or subcontractors shall be endorsed to name Participating Agency as an additional insured using a form acceptable to the Participating Agency. If requested by Lead Agency, Participating Agency may, in its sole discretion, approve different scopes or minimum limits of insurance for particular contractors or subcontractors.
7. Indemnification. To the fullest extent permitted by law, Lead Agency shall defend (with counsel reasonably approved by Participating Agency), indemnify, and hold Participating Agency (and its elected and appointed officials, officers, employees, agents, and authorized volunteers) free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, mechanics liens, judgments, awards, decrees, settlements, losses, damages, injuries or liabilities of any kind (including without limitation the payment of all damages, expert witness fees, attorneys’ fees, and other related costs and expenses) in law or equity to property or persons including wrongful death (“Claims”) in any manner arising out of, pertaining to, or incident to the design, construction, installation, operation, maintenance, existence, or failure of the Facility or Lead Agency’s use of the Encroachment Area (including without limitation any Claims arising out of or pertaining to any alleged acts, errors, omissions, or willful misconduct of Lead Agency (or its officials, officers, employees, subcontractors, consultants, or agents, except to the extent caused by the sole active negligence or willful misconduct of Participating Agency).
a. Lead Agency's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Participating Agency (members of Participating Agency Council, its employees, or authorized volunteers). Lead Agency’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. This obligation applies regardless of any passive or concurrent negligence of Participating Agency, except for the sole active negligence or willful misconduct of Participating Agency. Lead Agency’s duty to defend is immediate upon
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AGREEMENT
tender and exists independently of the duty to indemnify in connection with the performance of Lead Agency’s services including without limitation the design, construction, operation, maintenance, existence, or failure of the Facility. c. Lead Agency shall be solely responsible for compliance with all applicable storm water regulations including but not limited to National Pollutant Discharge Elimination System and Municipal Separate Storm Sewer Systems permit requirements. Lead Agency shall defend, indemnify, and hold harmless Participating Agency from any claims, enforcement actions, penalties, or liabilities arising from such compliance obligations.
d. Lead Agency is the California Environmental Quality Act (“CEQA”) lead agency and shall be solely responsible for any environmental compliance relating to the Facility. Lead Agency shall defend, indemnify, and hold harmless Participating Agency from any CEQA-related claims.
8. Utility Company’s Right of Entry. Lead Agency acknowledges that several utility companies may have facilities within the proposed Easement Area and under their legal authority have the absolute right to enter upon the Easement Area for purposes of inspection, replacement, repair, or maintenance of their facilities in the public right-ofway (each, a “Utility Company”); and Lead Agency waives any and all claims for damages to the Facility resulting from such actions unless the Utility Company, its officers, employees, contractors, consultants, or agents damage the Facility through negligent or willful acts or omissions, the Utility Company shall promptly notify Lead Agency and repair such damage or reimburse Lead Agency for the reasonable cost of repair or replacement
9. Damage to Encroachment Area. Lead Agency assumes responsibility for all damage to the Encroachment Area caused in any manner by Lead Agency’s use of the Facility. Grantee shall promptly repair any damage to any portion of the Encroachment Area and shall restore the Encroachment Area to substantially the same or better condition as existed prior to such damage.
10. Maintenance of Facility. Lead Agency shall at its sole expense inspect and maintain the Facility in good order, condition, and repair and in compliance with all requirements of applicable laws and ordinances.
11. Protective Measures. Lead Agency shall follow the requirements of this Agreement when performing the Work. Further, Lead Agency shall comply with all statutes, ordinances, rules, regulations, orders, and decisions issued by any Federal, state, or local governmental body or agency relating to the Work (including without limitation
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AGREEMENT
any barricades, traffic control devices, trench plates, or similar such devices intended to give warning and protect the public from injury or loss resulting from the construction, installation, repair, maintenance or removal of the Facility within the Easement Area).
12. Restoration of Property. Upon removal or relocation of the Facility or termination of this Agreement (including by abandonment), Lead Agency shall at its expense remove the Facility and restore the Property to substantially the same or better condition existing just prior to construction and installation of the Facility unless directed otherwise by Participating Agency (including but not limited to restoring the paving, grading, and alterations to the road, sidewalk, parkway, curb, and gutter surrounding or in which the Facility lies on). Restoration shall be performed in accordance with thencurrent Participating standards. a. Notwithstanding the preceding sentence, if the surface of the Encroachment Area or any portion thereof (including without limitation any curbing, pavement, or other improvements thereon) shall be disturbed (by installation, operation, maintenance, repair, or other activities performed by or on behalf of Lead Agency in connection with the use of the Encroachment Area), said surface and improvements shall be promptly restored by Lead Agency to the condition existing just prior to their disturbance (including rebuilding back down to elevations and grade of a standard rightof-way that existed prior to the construction and installation of the Facility).
13. Compliance with Codes. Lead Agency shall perform all Work in full compliance with all applicable codes, ordinances, and laws; and obtain all necessary permits.
14. Waiver and Release. Lead Agency in perpetuity expressly waives, releases, and relinquishes any and all claims, causes of action, rights, and remedies Lead Agency may now or hereafter have against Participating (and its officials, officers, employees, and agents) whether known or unknown with respect to liability for any damage to or loss of the Facility unless such damage or loss is caused by the sole active negligence or willful misconduct of Participating Agency.
a. As a material part of Participating Agency’s decision to issue this Agreement, Lead Agency hereby assumes all risk of damage to the Facility arising to the extent attributable to Participating Agency’s exercising its rights under this Agreement; and Lead Agency hereby waives all claims in respect thereto against Participating Agency, except if caused by the sole active negligence or willful misconduct of Grantor.
BBK (2026) Page 7 of 15 CONSTRUCTION AND MAINTENANCE
AGREEMENT
15. Mechanics Lien Claims. In its performance of the Work or any other activities on the Encroachment Area associated with this Agreement, Lead Agency shall assure that the Property is kept free from mechanics lien claims; and shall defend, indemnify, and hold Participating Agency free and harmless from and against any such claims. In the event a mechanics lien is filed against the Property, Lead Agency shall cause such lien to be removed (whether by bonding or otherwise) within thirty (30) calendar days after it is recorded.
16. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or Federal court situated in the County of Los Angeles, State of California.
17. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Parties.
18. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office (certified mail, return receipt requested, postage prepaid, and addressed to the following addresses) and shall be effective upon receipt thereof:
Grantor:
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
Attn: City Manager
Email: [email protected]
Grantee:
City of Manhattan Beach
1400 Highland Ave
Manhattan Beach, California 90266
Attn: City Manager
Email:
[email protected]
19. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
BBK (2026) Page 8 of 15 CONSTRUCTION AND MAINTENANCE
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20. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this Agreement shall remain in full force and effect.
21. Time of Essence. Time is of the essence for each and every provision of this Agreement.
22. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof; and shall not in any way affect the meaning or interpretation of this Agreement.
23. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
24. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties; and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
25. Entire Agreement. This Agreement (including the Exhibits) represents the entire understanding of the Parties as to those matters contained herein; and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein; and that any other agreements shall be void. This is an integrated Agreement.
26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
BBK (2026) Page 9 of 15 CONSTRUCTION AND MAINTENANCE
AGREEMENT
CITY OF HERMOSA BEACH
APPROVED BY:
Steve Napolitano
City Manager
ATTESTED BY:
Martha Alvarez
City Clerk
APPROVED AS TO FORM:
Jason Baltimore
Interim City Attorney
CITY MANHATTAN BEACH
APPROVED BY:
Talyn Mirzakhanian
City Manager
ATTESTED BY:
Liza Tamura
City Clerk
APPROVED AS TO FORM:
Quinn Barrow
City Attorney
BBK (2026) Page 10 of 15 CONSTRUCTION AND MAINTENANCE
AGREEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF ________________________)
On , before me, , Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
BBK (2026) Page 11 of 15 CONSTRUCTION AND MAINTENANCE
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF ________________________)
On , before me, , Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
BBK (2026) Page 12 of 15 CONSTRUCTION AND MAINTENANCE
AGREEMENT
EXHIBIT A
Legal Description of Encroachment Area
BBK (2026) Page 13 of 15 CONSTRUCTION AND MAINTENANCE
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EXHIBIT B
Site Plan
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CERTIFICATE OF ACCEPTANCE
OF
EASEMENT AND MAINTENANCE AGREEMENT
(City of Manhattan Beach)
This is to certify that the interest in real property conveyed by the foregoing Construction and Maintenance Agreement from the CITY OF HERMOSA BEACH, a California municipal corporation, to the CITY OF MANHATTAN BEACH, a California municipal corporation (“City”), is hereby accepted by the undersigned authorized officer on behalf of City, pursuant to authority conferred on such authorized officer by City, and City consents to recordation of such Construction and Maintenance Agreement in the Official Records of the Recorder of the County of Los Angeles, California.
CITY OF MANHATTAN BEACH,
a California municipal corporation
By: __________________________
Name: ________________________
Title: _________________________
Dated: ___________________, 2026
BBK (2026) Page 15 of 15 CONSTRUCTION AND MAINTENANCE
AGREEMENT
1ST ST
OCEAN DR
BIO CLEAN
BIO CLEAN
BIO CLEAN
10+06
10+25
10+50
10+75
11+00
10+00
10+25
10+50
10+75
11+00
10+00 10+25
10+50
L1 L2
L3
L4
35th
1st pl
1st pl
1st
2nd pl
2nd pl
2nd pl
2nd pl
Ingleside
The Strand
5th
Ocean
Manhattan
3rd
Bay View
2nd
1st pl
Homer
Highland Crest
Vista
3rd
2nd
1st
Morningside Francisco
ALIGNMENT DATA TABLE
L1
L2
L3
L4
CONSTRUCTION NOTES:
LOCATION
KEYMAP
PLAN
100% CONSTRUCTION PLAN
Know what'sbelow.
Callbefore you dig.
R
CITY OF MANHATTAN BEACH
CITY OF HERMOSA BEACH
SECTION A-A
A
B
B
SECTION B-B
DEMOLITION NOTES:
A
BACKFILL AND SHORING NOTES:
LEGEND:
CITY OF MANHATTAN BEACH CITY OF HERMOSA BEACH
City of Manhattan Beach
Legislation Text
1400 Highland Avenue
Manhattan Beach, CA 90266
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
_________________________________________________________ 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.
File #: 26-0399, Version: 1
City of Manhattan Beach Page 1 of 3 Printed on 9/16/2026
File #: 26-0399, Version: 1
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.
City of Manhattan Beach Page 2 of 3 Printed on 9/16/2026
File #: 26-0399, Version: 1
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 City of Manhattan Beach Page 3 of 3 Printed on 9/16/2026
RESOLUTION NO. 26-0100
A RESOLUTION OF THE MANHATTAN BEACH CITY COUNCIL
AUTHORIZING A CONSTRUCTION AND MAINTENANCE
AGREEMENT WITH THE CITY OF MANHATTAN BEACH AND
THE CITY OF HERMOSA BEACH FOR A HYDRODYNAMIC
SEPARATOR ON 1ST STREET FOR THE MANHATTAN BEACH
SANTA MONICA BAY TMDL TRASH TREATMENT PROJECT
THE MANHATTAN BEACH CITY COUNCIL HEREBY RESOLVES AS
FOLLOWS:
SECTION 1. The City Council hereby approves the Agreement between the City of Manhattan Beach and the City of Hermosa Beach for construction and maintenance of a stormwater trash capture device on the 1 st Street City
Boundary Limit for the Manhattan Beach Santa Monica Bay Stormwater Total Maximum Daily Load (TMDL) Trash Treatment Project.
SECTION 2. The City Council hereby directs the City Manager, and/or his or her designee, to execute the Agreement on behalf of the City.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution.
ADOPTED on September 15, 2026.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
JOE FRANKLIN
Mayor
ATTEST:
_________________________________
LIZA TAMURA
City Clerk