City Council
Report
City Council Meeting: September 10, 2024
Agenda Item: 5.H
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the Environment
Subject: Approval of First Modification to Contract 10309 with The Bay Foundation for Santa Monica Beach Dune Restoration Phase 3
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Statutory Exemption pursuant to Section 21080.56 (Statutory Exemption for Restoration Projects) of the California Environmental Quality Act (CEQA) guidelines.
2. Authorize the City Manager to negotiate and execute a first modification to agreement #10309 at no additional cost with The Bay Foundation for the Santa Monica beach dune restoration Phase 3 (SaMo3) project.
Summary
In January 2024, a Memorandum of Understanding (MOU) between the City and the Bay Foundation (TBF) regarding the original Santa Monica beach dune restoration pilot project was amended as a Contractual Services Agreement (CSA #10309) (Attachment A) to include a scope of work for an additional 5-acre expansion of beach dune restoration (SaMo2).
Following the success of both the Pilot and SaMo2 projects, staff presented a proposal for an expanded beach dune restoration project (Phase 3) to Council during a Study Session in August 2024. The Phase 3 beach dune restoration project is an essential next step to scale coastal adaptation and ecological restoration to meet actions outlined in the City’s Climate Action and Adaptation Plan (CAAP). 2 of 7
On August 2nd, 2024, Staff received a signed concurrence letter for the Phase 3 project stating that it qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA) based on California Department of Fish and Wildlife’s (CDFW) independent review of the request for concurrence.
Staff recommends that Council adopt the finding of statutory exemption of the California Environmental Quality Act (CEQA) guidelines and authorize the City Manager to execute a first modification of CSA #10309, which includes a scope of work for the Phase 3 project. Execution of the amended agreement will be at no cost and will authorize staff to submit a Coastal Development Permit (CDP) application to the California Coastal Commission. Approval of the CDP will enable TBF to begin implementation of the Phase 3 project.
Discussion
Santa Monica’s Climate Action and Adaptation Plan (CAAP - 2019) (Attachment B) and Climate Vulnerability Assessment (2017) (Attachment C) both identify coastal sea level rise and flooding as one of Santa Monica’s most substantial climate threats. The CAAP outlines the enhancement of natural systems to prevent coastal flooding as a priority objective. As an adaptive and preventative measure, low-cost natural solutions to improve coastal resilience, such as beach dunes, have become a vital tool to combat vulnerabilities brought by Climate Change.
The Office of Sustainability and the Environment Division of Public Works has been working with TBF to develop a draft site plan option for the Phase 3 project. This expanded dune restoration scenario was reviewed by Council at their meeting on August 27, 2024. The Phase 3 project is expected to bring significant, long-lasting ecological and coastal resilience benefits to the City of Santa Monica. The proposed site plan balances priorities of public recreation and existing use space while maximizing restored area.
Stakeholder Outreach
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Extensive outreach has commenced and will continue to be conducted throughout project implementation through a series of meetings, stakeholder workshops, and public field trips. Initial stakeholder meetings with agencies such as State Parks, LA County Department of Beaches and Harbors, LA County Lifeguards, Santa Monica Police, Santa Monica Public Works staff and local tribes have taken place. Other non-public agency involvement includes USC Sea Grant, Surfrider Foundation, State and local chapters of Audubon, and Heal the Bay. A second round of outreach is ongoing and will include community members, business owners and other users of the Santa Monica beach in the broader Los Angeles vicinity. These meeting are being held in-person in a local, accessible location and virtually to maximize outreach to the public. Future educational workshops are expected to take place to notify and inform the public about project planning and installation.
Project Overview
The Phase 3 project is expected to bring a variety of benefits to the Santa Monica community including: Improved resilience to Sea Level Rise and coastal flooding; protection of existing infrastructure such as bike paths, roads, and other public facilities; beautification of beach area and access to ecosystem services; and improved biodiversity including increased habitat for Western Snowy Plovers.
Phase 3 Site Plan – Total Area = 43 Acres
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Figure 1a. Aerial view of proposed site map for Phase 3 on North Santa Monica Beach. 5 of 7
Figure 1b. Aerial view of proposed site map for Phase 3 on South Santa Monica Beach.
To enter the next stage of the project, by submitting a Coastal Development Permit application, staff seeks Council authority to approve a first modification to agreement #10309 and enter into an agreement with The Bay Foundation to implement the Phase 3 project. In addition, staff recommends that council adopt a finding of statutory exemption from CEQA as detailed below in the Environmental Review section.
The initial project installation date is expected to be in early/late winter 2024/2025, pending approval from the California Coastal Commission.
Environmental Review
The Phase 3 Dunes Restoration Project is statutorily exempt from CEQA pursuant to Section 21080.56 of the Public Resources Code, which exempts a project to restore or provide habitat for California native fish and wildlife meeting certain requirements. On 6 of 7
June 20, 2024, the City submitted a concurrence request to the Director of the California Department of Fish and Wildlife (CDFW) pursuant to Public Resources Code section 21080.56, subdivision (e). The request seeks the CDFW Director's concurrence with the City’s determination on June 20, 2024, that the Project meets certain qualifying criteria set forth in Section 21080.56 of the Public Resources Code.
On August 2, 2024, the CDFW Director concurred with the City’s determination that the Project meets the qualifying criteria set forth in Public Resources Code section 21080.56, subdivisions (a) to (d), inclusive (Concurrence). Specifically, the CDFW Director concurred with the City that the Project meets all of the following conditions: (1) the Project is exclusively to conserve, restore, protect, or enhance, and assist in the recovery of California native fish and wildlife, and the habitat upon which they depend; or is exclusively to restore or provide habitat for California native fish and wildlife; (2) the Project may have public benefits incidental to the Project’s fundamental purpose; (3) the Project will result in long-term net benefits to climate resiliency, biodiversity, and sensitive species recovery; and includes procedures and ongoing management for the protection of the environment; and (4) Project construction activities are solely related to habitat restoration. This concurrence is posted online at https://wildlife.ca.gov/Notices/CEQA.
Therefore, the Project is statutorily exempt and no further environmental review is necessary.
Past Council Actions
Meeting Date Description
08/27/24 (Attachment D) Council Study Session to provide feedback on proposed Phase 3 project.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future.
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Prepared By: Nico Predock, Sustainability Analyst
Approved Forwarded to Council
Attachments:
A. City_of_Santa_Monica_CSA_Bay_Foundation_SaMo2_1-9-24_FINAL.docx B. CAAP_SantaMonica
C. Santa_Monica_Vulnerability_Assessment
D. OAKS INITIATIVE FORM TBF
E. Levine Act Disclosure Form TBF