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SR-505-004-01 (6) . 505- oo~-o/ . /I."E. SfP - 8 1981 GS:SS:NM:sm 9/2/87 Council meeting:septernber 8, 1987 Santa Monica, California To: City Council From: city staff Subject: Pico Kenter Storm Drain Lead Agency Introduction This report recommends alternatives for determination of a lead agency for improvements to the Fico Kenter Storm Drain. Background In January 1987, Council approved a five-point program for interim improvements to the pico Kenter storm drain. The improvements to be implemented included: 1. Placement of a subsurface low flow pipe from the end of the storm drain to a point 600 feet beyond the surf line and installation of a sensor/alarm system within the Pico/Kenter storm drain; 2. An increased pollution control enforcement program; 3. Development and implementation of an education program designed to reduce non-point source pollution; 4. An increased effluent monitoring program; 5. An improved street debris removal program. The Council urged staff "to expedite the project." In addition, Council requested that staff investigate the feasibility of implementing a treatment process as a more permanent solution to the problem. Since that time, significant progress has been made - 1 - /I--E SEP - 8 1981 . . on items 2, 3, 4, and 5. Limited progress, however, has been made on placement of a permanent subsurface low flow pipe due to a disagreement regarding which entity should be the "lead agency" for environmental review. Lead Agency Issue: An initial environmental study regarding the placement of the low flow pipe to a point 600 feet beyond the surfline has been completed by a consultant who concluded that there is no significant impact caused by the installation of the drain pipe extension. In accordance with the California Environmental Quality Act (CEQA) regulations, prior to such installation, a lead agency must be determined, a public hearing held on the environmental documents, and findings made to determine whether or not a Negative Declaration is appropriate or if an Environmental Impact study must be done. The City Attorney has recommended that the County of Los Angeles be the lead agency since it owns and operates the storm drain and since the storm drain serves other portions of the county in addition to Santa Monica. He believes that the city becoming the lead agency would be an unnecessary risk in view of the pollution issues concerning the effluent which is discharged into Santa Monica Bay. The County Counsel believes that the City of Santa Monica should be the lead agency because Santa Monica initiated the project and because the primary reason for the project is that contaminated waters flow across the Santa Monica beach. They further believe that the primary beneficiary is the City of Santa Monica. - 2 - . . The discussion between the two groups of attorneys has been continuing for approximately three months without success. staff does not have strong feeling on which agency should be the lead but is very concerned that the proj ect be builtin accordance with Council's direction and in accordance with the approval and agreement for financial participation by the City of Los Angeles and the County of Los Angeles. Financial Impact The financial impact to the city for assuming the duties of lead agency is negligible except for future possible liability costs which are unknown. Regarding funding of the storm drain improvements, all three of the agencies involved (City of Santa Monica, City of Los Angeles and County of Los Angeles) have commi tted a one-third share of the proj ect. The most recent commitment came from the City of Los Angeles whose City Council approved the funding in early August. Recommendation staff recommends that city Council authorize the city of Santa Monica to become the lead agency for this important project in view of great local concern regarding pollution of the Santa Monica Bay and problems with storm drain effluent across Santa Monica beach. Prepared by: Stanley E. Scholl, Director of General Services srpicokn - 3 -