HomeMy WebLinkAboutItem 10c - Storm Drain MOU with Temple City
STAFF REPORT
DEVELOPMENT SERVICES DEPARTMENT
DATE: December 16, 2025
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Development Services Director/Assistant City
Manager
Kevin Merrill, City Engineer
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE CITY OF TEMPLE CITY
REGARDING THE SHARING OF COSTS AND RESPONSIBILITIES FOR THE
FLAHERTY STORM DRAIN IMPROVEMENTS
CEQA: Exempt
Recommendation: Approve
SUMMARY
In July 2024, a major storm event caused localized flooding along Flaherty Street in
Temple City. An investigation of a storm drain mainline that connects Flaherty Street
to Baldwin Avenue in Arcadia revealed that the flood damage was caused by tree
roots. The storm drain mainline is in both Arcadia and Temple City jurisdictions.
Temple City drafted a Memorandum of Understanding (“MOU”), establishing a 50/50
cost-sharing agreement that also outlined roles for project administration,
permitting, and final reimbursement. Temple City approved the MOU at its City
Council Meeting held on November 5, 2025.
It is recommended that the City Council approve and authorize the City Manager to
execute the MOU with Temple City regarding the sharing of costs and responsibilities
for the Flaherty Storm Drain. It is expected that the project will cost $72,000, with
Arcadia being responsible for $36,000 of the total expense.
BACKGROUND
In July 2024, a major storm event caused localized flooding along Flaherty Street in
Storm Drain MOU Between Arcadia and Temple City
December 16, 2025
Page 2 of 3
Temple City. Following the flood, Temple City conducted an inspection of the storm
drain mainline that connects Flaherty Street to Baldwin Avenue in Arcadia. The
findings of their inspection revealed that the mainline had been damaged by tree
roots, which caused the flooding. The City Engineers for both cities met and
determined that repair of the storm drain is in the best interest of the City of Arcadia
and City of Temple City, and that each City should share equally in the cost. It was
determined that Temple City will be the party to enter into and manage a contract to
perform the necessary mainline repairs. The City of Arcadia will be responsible for
contracting with a qualified arborist to inspect the trees and provide
recommendations within Arcadia’s jurisdiction.
The City of Temple City obtained an estimate from a contractor in the amount of
$72,000 to perform root removal, storm drain repair, and related work; the draft
MOU was prepared to reflect cost sharing of this amount. Temple City approved the
MOU at its City Council Meeting held on November 5, 2025 (see Attachment No. 1,
which includes the Temple City Staff Report and the Draft MOU).
DISCUSSION
Under the MOU, both cities acknowledge the shared benefit of restoring the drainage
system to full functionality and agree to equally share all costs related to inspection,
root pruning or tree removal, and structural repair of the damaged pipe. Temple City
will act as the lead agency for the project, administering the construction contract
and coordinating communication between jurisdictions. Arcadia will provide arborist
support to evaluate root conditions and determine appropriate pruning or removal
methods to ensure the long-term stability of the repaired section. Each city will issue
the required permits within its jurisdiction and will waive any associated permit or
inspection fees to expedite the project.
Upon completion of the work and acceptance by both cities, Temple City will issue an
invoice to Arcadia for half of the final project cost, minus half the cost of the retained
arborist’s bill. The total estimated cost for the repair is $72,000, with the final amount
to be verified once the damaged section, arborist review, and surrounding tree roots
are fully exposed during construction. The MOU provides a clear framework for
project execution, cost accountability, and mutual indemnification between both
cities.
Storm Drain MOU Between Arcadia and Temple City
December 16, 2025
Page 3 of 3
ENVIRONMENTAL ANALYSIS
This project is categorically exempt per Section 15301 (Existing Facilities), 15302
(Replacement or Reconstruction), 15303 (New Construction or Conversion of Small
Structures), and 15304 (Minor Alterations to Land) of the California Environmental
Quality Act (“CEQA”), as repair and maintenance of an existing storm drain structure.
FISCAL IMPACT
The project was budgeted in the Fiscal Year 2025-26 Capital Improvement Program,
under the Arterial Streets Miscellaneous Minor Repairs Project. The Project has a
total budget of $125,000. Temple City received an initial estimated cost of $72,000
and both cities agree to share project costs equally. There are sufficient funds to
cover the City of Arcadia’s cost of $36,000, share of arborist costs, and any potential
change orders.
RECOMMENDATION
It is recommended that the City Council find the project categorically exempt
pursuant to the requirements of the California Environmental Quality Act (“CEQA”);
and approve and authorize the City Manager to execute the Memorandum of
Understanding with the City of Temple City regarding the sharing of costs and
responsibilities for the Flaherty Storm Drain improvements.
Attachment No. 1: City of Temple City Staff Report – November 5, 2025
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: November 5, 2025
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Michael Lloyd, PE, Senior Engineer
Adam Talbot, Associate Engineer
SUBJECT: APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF TEMPLE CITY AND THE CITY OF ARCADIA
REGARDING THE FLAHERTY STORM DRAIN
RECOMMENDATION:
The City Council is requested to:
1. Approve the Memorandum of Understanding (MOU) (Attachment "A") between the
City of Temple City and the City of Arcadia regarding the repair and maintenance
of the Flaherty Storm Drain; and
2. Authorize the City Manager to execute the MOU on behalf of the City.
BACKGROUND:
1. In July 2024, a major storm event caused localized street flooding along Flaherty
Street in Temple City. A storm drain culvert exists at approximately 9898 Flaherty
Street with a storm drain located within an easement that connects to the
mainline storm drain located at Baldwin Avenue. A video inspection conducted
after the storm event confirmed that the Flaherty Storm Drain, which extends
from Temple City into the City of Arcadia, had been damaged by tree roots
originating from trees at 2301 Baldwin Avenue. The intrusion significantly
restricts the storm drain’s capacity and contributes to on-street flooding.
2. Following the inspection, the City of Temple City obtained a contractor’s estimate
of $72,000 to perform root removal, storm drain repair, and related work. City
staff from both jurisdictions determined that the project serves a mutual benefit
and that each City should share the cost equally.
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Attachment No. 1
City Council
November 5, 2025
Page 2 of 3
3. To formalize the cooperative repair effort and define respective responsibilities,
both Cities prepared and reviewed the attached MOU, which establishes a 50/50
cost-sharing agreement and outlines roles for project administration, permitting,
and final reimbursement.
ANALYSIS:
The attached MOU outlines the cooperative arrangement between the City of Temple
City and the City of Arcadia to repair the Flaherty Storm Drain, which has been
compromised by tree root intrusion. Under the agreement, both Cities acknowledge the
shared benefit of restoring the drainage system to full functionality and agree to equally
share all costs related to inspection, root pruning or tree removal, and structural repair
of the damaged pipe.
Temple City will act as the lead agency for the project, administering the construction
contract and coordinating communication between both jurisdictions. The City of
Arcadia will provide arborist support to evaluate root conditions and determine
appropriate pruning or removal methods to ensure the long-term stability of the repaired
section. Each City will issue required permits within its jurisdiction and will waive any
associated permit or inspection fees to expedite the project.
Upon completion of the work and acceptance by both Cities, Temple City will issue an
invoice to Arcadia for fifty percent (50%) of the final project cost. Arcadia will remit
payment within thirty (30) days of receipt. The total estimated cost for the repair is
$72,000, with the final amount to be verified once the damaged section and
surrounding tree roots are fully exposed during construction. The MOU provides a clear
framework for project execution, cost accountability, and mutual indemnification
between both Cities.
CITY STRATEGIC GOALS:
Approval of this MOU supports the City’s Strategic Goals of sustainable infrastructure
and public safety, by addressing localized flooding risks and ensuring reliable operation
of the City’s storm drainage system.
FISCAL IMPACT:
The City’s share of project costs, will be a total of 50% of the final repair cost, currently
estimated at $36,000. The cost for this work will be covered under the FY 2024-25
Pavement Rehabilitation (P25-01) project budget as a change order.
City Council
November 5, 2025
Page 3 of 3
There is no impact to the General Fund.
ATTACHMENT:
A. Attachment A – Memorandum of Understanding between the City of Temple City
and the City of Arcadia regarding the Flaherty Storm Drain
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MEMORANDUM OF UNDERSTANDING BY AND BETWEEN
THE CITY OF ARCADIA AND THE CITY OF TEMPLE CITY
REGARDING THE FLAHERTY STORM DRAIN
This Memorandum of Understanding (“MOU”) is entered into this ___ day
of____________, 2025 (“Date of Agreement”), by and between the City of Temple City,
a California municipal corporation (“Temple City”), and the City of Arcadia, a California
municipal corporation (“Arcadia”). Temple City and Arcadia may individually be referred
to as a “Party” or “City” and collectively referred to as “Parties” or “Cities.”
RECITALS
WHEREAS, a storm event on or about July of 2024 resulted in on-street flooding
as well as localized flooding outside the street right of way near the property at 9898
Flaherty Street (APN 5385-024-029) in the City of Temple City; and
WHEREAS, a public storm drain system exists from Flaherty Street in the City of
Temple City and terminates into a storm drain system located in Baldwin Avenue in the
City of Arcadia (Flaherty Storm Drain); and
WHEREAS, the Flaherty Storm Drain is located within public easements as shown
in Exhibit A. The public easements cross APNs 5385-024-029 and 5385-024-006; and
WHEREAS, the City of Temple City conducted a video inspection of the condition
of the Flaherty Storm Drain and found that tree roots from trees located at 2301 Baldwin
Avenue (APN 5385-024-007) within the City of Arcadia had damaged the storm drain
such that the capacity has been severely restricted causing street flooding on Flaherty
Street in the City of Temple City; and
WHEREAS, the City of Temple City has received a quote from a Contractor to
make repairs to the damaged section of the Flaherty Storm Drain (Project); and
WHEREAS, the Parties have a common interest in completing this Project to avoid
any future damages due to the current state of the Flaherty Storm Drain; and
WHEREAS, nothing in this MOU establishes any precedent for any other project,
agreement, or arrangement that may exist now or in the future between the Parties or
between the Parties and other entities.
NOW, THEREFORE, in consideration of the recitals set forth above, which are
incorporated by this reference, and the mutual covenants and undertakings set forth
herein, the mutual receipt and sufficiency of which is hereby acknowledged, the Parties
hereto agree as follows:
1. PURPOSE
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1.1 The purpose of this MOU is to document the mutual understanding and
intent of the Cities of Arcadia and Temple City regarding the proposed
Project. The Parties agree to cooperate by providing needed staff support
and resources and communicating with each other in a timely and diligent
manner to effectively implement this MOU.
1.2 This MOU is intended as a binding statement of intent to cooperate on a
cost sharing basis.
2. TERM OF MOU
2.1 This MOU shall continue from the Date of Agreement, which shall be the
date the last authorized Party has signed this MOU and shall remain in full
force and effect until the Project has been completed and accepted by both
Cities and invoices have been paid in full.
2.2 This MOU may be terminated, without cause, by either party upon thirty (30)
days written notice to the representatives listed in Section 6.
2.3 The Parties agree to conduct their respective review and approvals in a
diligent manner.
3. COST SHARING
3.1 The City of Temple City has received a quote from a Contractor to make
repairs to the Flaherty Storm Drain in the amount of $72,000. The Final
Cost of the Project shall be determined once the existing damaged storm
drain is removed, and the adjacent tree roots can be inspected. Work shall
be performed by a Contractor under contract with the City of Temple City.
3.2 The Parties agree that the Project has equal value to each City.
Furthermore, the Parties agree that each City shall contribute 50 percent of
the cost to inspect tree roots, any root pruning and/or tree removal, and
repair the Flaherty Storm Drain.
3.3 The Parties agree that permits for work in the public right-of-way shall be
issued by the jurisdiction in which the public right-of-way is located and in
accordance to that jurisdiction’s standard of review and application process.
The Parties agree to require the Contractor to name Arcadia as an
additional insured, and to indemnify Arcadia, to the same extent that the
Contractor will insure and indemnify Temple City and its officials,
employees, and agents.
3.4 Fees for permits and inspections shall be waived based on each Party’s
schedule of fees. Permits shall be issued in a timely manner, and
inspections shall be performed as requested by the Contractor.
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3.5 The City of Arcadia shall provide an Arborist to inspect tree roots as
necessary and make recommendations on root pruning and/or tree removal
in order to complete the Project.
3.6 The Parties agree to bear its own costs in implementing the actions set forth
in the MOU.
3.7 Upon acceptance of completion of the Project by both Cities, the City of
Temple City shall send an invoice to the City of Arcadia for their cost share.
The City of Arcadia upon review and approval of the invoice shall pay to the
City of Temple City the invoice amount within 30 calendar days of the
invoice date.
4. CEQA REVIEW
The Parties agree and acknowledge that the Project described in this
Memorandum of Understanding is exempt from the provisions of the California
Environmental Quality Act (“CEQA”) pursuant to Sections 15301 (Existing
Facilities), 15302 (Replacement or Reconstruction), 15303 (New Construction or
Conversion of Small Structures), and 15304 (Minor Alterations to Land) of the
CEQA Guidelines. Each Party, acting in its independent capacity, has determined
that the Project falls within these categorical exemptions, as the work involves the
repair, replacement, reconstruction, and minor alterations to existing public storm
drain facilities within established easements. The Parties further agree that no
unusual circumstances exist that would create a reasonable possibility of a
significant environmental effect, and therefore no further environmental review is
required.
5. TERMINATION
This MOU will terminate upon mutual written consent of the Parties, or if the Project
has been accepted as complete by both Cities and all invoices have been paid in
full. This MOU may be terminated, without cause, by either Party upon thirty (30)
days written notice to the Party representative(s) listed in Section 6. The other
Party must provide written notice of acceptance of termination within ten (10) days
of receipt.
6. NOTICE
6.1 All notices shall be given in writing. For any action related to this MOU, each
City shall be sent notices at the following addresses:
To Arcadia: City of Arcadia
City Manager
240 West Huntington Drive
Arcadia, CA 91066
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To Temple City: City of Temple City
City Manager
9701 Las Tunas Drive
Temple City, CA 91780
7. INSURANCE
Each Party represents and agrees that they are self-insured. Either Party may
purchase commercial insurance to cover its exposure hereunder, in whole or in
part, and shall name the other as additionally insured.
8. INDEMNIFICATION
8.1 Nothing in this MOU shall be deemed to create rights or obligations for third
parties not signatories to this MOU except as specifically stated herein.
8.2 The Parties shall defend, indemnify and hold harmless each other and from
and against any and all liability, loss, expense (including reasonable
attorneys' fees) or claims for injury or damage arising out of the performance
of this MOU or arising from or connected to the approval process or relating
to the Project, but only in proportion to and to the extent such liability, loss,
expense, attorneys' fees, or claims for injury or damages are caused by or
the result of the negligent or intentional acts or omissions of the other Party,
their respective City Council, Planning Commission and officers, agents or
employees.
9. DEFAULT
Neither Party will be in breach of this MOU where the breach is capable of being
cured, or until written notice of the breach is received from the non-breaching
Party. The Party charged with breach will have fifteen (15) calendar days from the
date of receiving such notice in which to cure the breach or otherwise respond. If
the circumstances leading to the charge that the MOU was breached have not
been cured or explained to the satisfaction of the other Party within fifteen (15)
days from the date on which the breaching Party received notice of breach, the
non-breaching Party may terminate this MOU. Notice shall be given in the manner
set forth in Section 6.
10. GOVERNING LAW
This MOU shall be governed by the laws of the State of California.
11. AMENDMENTS
Any amendment or modification to this MOU will be effective only if it is signed in
writing by all Parties.
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12. AUTHORITY
The Parties represent and warrant that this MOU has been duly authorized by their
respective governing boards and executed by a duly authorized representative
thereof.
13. COUNTERPARTS
This MOU may be executed in any number of counterparts (including by fax, pdf,
or other electronic means), each of which shall be deemed an original, but all of
which shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties have entered into this Memorandum of
Understanding as of the Effective Date.
City of Arcadia
Date:
Dominic Lazzaretto, City Manager
ATTEST:
Linda Rodriguez, City Clerk
APPROVED AS TO FORM:
Michael J. Maurer, City Attorney
CITY OF TEMPLE CITY
Date:
Bryan Cook, City Manager
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM:
Greg Murphy, City Attorney
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EXHIBIT “A”
Storm Drain Easement Map
APNs: 5385-024-006 and 5385-024-029
Parcel A
Parcel B
Parcel C
File No.: 1265899
Location: Los Angeles County, CA
This map may or may not be an accurate description or
identification of the land and is not intended nor may be it relied
upon as a survey of the land depicted hereon. This map is solely
intended to provide orientation as to the general location of the
parcel or parcels depicted herein. First American Title Company, its
subsidiaries and affiliates, expressly disclaim any and all liability for
all loss or damage which may result from reliance or use of this map.
Legend
Parcel A
Parcel B
Parcel C
Bk3035 Pg192
(Rights Of Way To Repair And
Maintain Pipes For Conducting
Water - Not Plottable)
Bk39333 Pg84
(Sanitary Sewers)
Bk39583 Pg50
(Public Utilities)
03/20/1952 Bk38518 Pg10
(Undisclosed Purpose)
Bk5603 Pg6
(Right Of Way - Not Plottable)
05/21/1952 Bk38985 Pg346
(Water Main And Necessary
Equipment)
Tract Map #18002 Bk441 Pg38
(Storm Drain)
Parcel A
Parcel B
Parcel C
File No.: 1265899
Location: Los Angeles County, CA
This map may or may not be an accurate description or
identification of the land and is not intended nor may be it relied
upon as a survey of the land depicted hereon. This map is solely
intended to provide orientation as to the general location of the
parcel or parcels depicted herein. First American Title Company, its
subsidiaries and affiliates, expressly disclaim any and all liability for
all loss or damage which may result from reliance or use of this map.
Legend
Parcel A
Parcel B
Parcel C
Tract Map #18002 Bk441 Pg38
(Sanitary Sewer)
08/11/1952 #2665
(Utilities)
08/28/1952 #2598
(Utilities)
12/31/1952 Bk40638 Pg332
(Construct, Maintain, Operate
And Use A Storm Drain)
06/24/1968 #3041
(Public Utilities)
08/02/1977 #837777
(Ingress, Egress - Not Plottable)
08/09/2024 #20240536942
(Distribution Of Natural Gas,
With The Reasonable Right Of
Ingress And Egress To The
Facilities - Not Plottable)