Loading...
HomeMy WebLinkAbout05 - Requesting the United States Army Corps of Engineers Fund and Immediately Proceed with Surfside-Sunset Beach Nourishment Project Stage 13 from Anaheim Bay Harbor to Newport HarborQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report April 27, 2021 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Michael J. Sinacori, Assistant City Engineer. msinacori@newportbeachca.gov PHONE: 949-644-3342 TITLE: Resolution No. 2021-33: Requesting the United States Army Corps of Engineers Fund and Immediately Proceed with Surfside -Sunset Beach Nourishment Project Stage 13 from Anaheim Bay Harbor to Newport Harbor ABSTRACT: The City of Newport Beach (City) has participated in various beach erosion projects for many decades. Staff recommends approval of a resolution in support of Stage 13 of the Federal "Surfside -Sunset Beach Nourishment Project." The resolution is to recognize how important these beach sand nourishment projects are to the health, sustainability and vitality of the Orange County and City of Newport Beach coastline and that these projects are protecting both public and private property assets along the coast. Without these sand replenishment projects, the City's coastline could be prone to loss of public access and use, as well as to heavy damage from winter storms and high tides as the wide sand beach acts as a natural buffer and protects the coast from damaging waves, tidal action and associated flooding. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2021-33, A Resolution of the City Council of the City of Newport Beach, California, Requesting that the United States Army Corps of Engineers Fund Immediately Proceed with Surfside -Sunset Beach Nourishment Project Stage 13 and Prioritize All Future Beach Nourishment Projects From Anaheim Bay Harbor to Newport Bay in Orange County, California. 5-1 Resolution No. 2021-33: Requesting the United States Army Corps of Engineers Fund and Immediately Proceed with Surfside -Sunset Beach Nourishment Project Stage 13 from Anaheim Bay Harbor to Newport Harbor April 27, 2021 Page 2 DISCUSSION: The coastline between Anaheim Harbor Bay and Newport Harbor is dependent on beach sand nourishment projects to replenish eroded beach sand. The construction of engineered flood control structures by the United States Army Corps of Engineers (USACE) in the San Gabriel River and Santa Ana River between the 1930s and 1950s reduced/prevented the natural transportation of sediment and sand down the rivers to naturally replenish sand depleted from the beaches by winter storms and other natural sand depletion actions. In 1962, Congress passed the Rivers and Harbors Act which required USACE to address the impacts of the constructed flood control structures on natural sand depositions. This led to the first beach nourishment project (Stage 1) in 1964 which deposited 1.5 million cubic yards of sand on the beaches along Surfside. The natural migration of sand in a southerly fashion from Surfside Beach (adjacent to the mouth of the San Gabriel River) would transport the sand down the coast and replenish the eroded sand between Anaheim Harbor Bay to Newport Bay as shown on Attachment A. These projects were scheduled to be conducted every five to seven years and there have been 12 such projects since 1964. The last beach nourishment project (Stage 12) was conducted in 2010. Sand erodes from the feeder beach and replenishes beaches down -coast within the littoral cell. A littoral cell is a section of the shoreline that has manmade or natural features, which keep the majority of the sand within the boundaries of the cell. The Huntington Beach Littoral Cell is bounded by the East San Gabriel River Jetty at the up -coast end and the West Newport Harbor Entrance Jetty at the down -coast end. Sand that is lost to the south from Surfside/ Sunset beaches will be replenished by pumping from an offshore borrow location. In the Stage 12 project, approximately 150,000 cubic yards was moved by the Army Corps into the groins as shown in the picture below: 5-2 Resolution No. 2021-33: Requesting the United States Army Corps of Engineers Fund and Immediately Proceed with Surfside -Sunset Beach Nourishment Project Stage 13 from Anaheim Bay Harbor to Newport Harbor April 27, 2021 Page 3 The Stage 13 Project, which would also move the built-up sand in West Newport near the Santa Ana River down -coast to the central portions of the groin field at West Newport, was slated to commence in 2018, but has been delayed indefinitely by the federal government due to a lack of funding. City staff and staff from the other stakeholders, including the County of Orange, the Division of Boating and Waterways (DBAW), the Cities of Huntington Beach and Seal Beach, and the Surfside Stormwater Protection District, have met with and continue to meet with USACE on a regular basis to receive updates regarding the proposed Stage 13 project. Furthermore, as part of the City's federal advocacy efforts in recent years, several City Councilmembers have directly asked federal legislators and the USACE to fund and undertake this important coastline project. To date, USACE staff has been unable to move the project forward from the project list to the list of funded projects. The reasons for the lack of funding for the project have not been made clear to USACE staff, and the project appears to be at an impasse with no indication that Stage 13 will receive any funding in the near future. Without any beach nourishment project since 2010, the coastline between Anaheim Bay Harbor and Newport Harbor has experienced noticeable and dramatic degradation. In certain segments of the nearly 68,000 linear feet (approximately 12 miles) of coastline, the sand has eroded to the point that homes in the Surfside community are now threatened by winter storms and high tides. Other sections of beach within this area are no longer accessible during high tides and coastal assets such as beach parking lots, access roads, beach boardwalks, and other structures are now being threatened. This new threat garnered national attention in July of 2020 when the City's Balboa Peninsula and its beach parking lots, streets, and other public and private properties were flooded with up to three feet of damaging and corrosive salt water. This was not the result of a large winter storm and it could be a precursor of what the new normal will be without the wide, protective buffer that beach sand provides. The attached Resolution No. 2021-33 was prepared to draw public attention to the plight of the eroded coastline between Surfside (Seal Beach) and Newport Beach, as well as serve as a notification to USACE and the federal government that this project is very important to the community and the Southern California region and it is direly needed. The coastline under threat is not only a local asset, but a regional asset enjoyed by residents and tourists from all over the state. It should be viewed as a resource that should be protected for future generations. Failure to act immediately could result in public and private property damage, and there is also the potential for loss of life if dangerous flooding occurs. This resolution will also be adopted by the governing boards of the other local project stakeholders in the upcoming weeks, including the Cities of Huntington Beach and Seal Beach, as well as the County of Orange. Upon adoption, this resolution, as well as those from the other stakeholder agencies, will be presented to Congresswoman Michelle Steel and the USACE to assist in their efforts to have the project funded. 5-3 Resolution No. 2021-33: Requesting the United States Army Corps of Engineers Fund and Immediately Proceed with Surfside -Sunset Beach Nourishment Project Stage 13 from Anaheim Bay Harbor to Newport Harbor April 27, 2021 Page 4 For this Stage 13 project, it is estimated that between 75,000 and 100,000 cubic yards of sand will be moved, though design efforts have yet to be completed. The Army Corps environmental documents will seek approval to move 150,000 yards to allow flexibility as the Army Corps completes the design this coming year. Since this project is a multi -agency project, several cooperative agreements have been developed to reduce issues with preparing an agreement that fits each agency's needs. The Army Corps of Engineers will enter into an agreement with DBAW, who will in turn enter into an agreement with the County of Orange (County). Finally, the County proposed an agreement with the agencies that was approved by the Newport Beach City Council on November 22, 2016. Though all agreements are in place between the County and other local agencies, the main agreement between DBAW and the USACE has yet to be executed. The lack of the agreement is a secondary issue, with the lack of funding from the federal government being the primary issue. In an effort to show the City's continued support for the project by the local agencies, staff is recommending approval of the attached resolution. 21 [+'Yds\ ■ I►TA I YA« 19 Costs are shared 67% federal and 33% local, giving the City a good return for money invested in regional sand management since most of the local contribution is paid by DBAW. The City typically pays less than two percent of the total cost. This percentage is based on the City's proportionate local share of the 80,000 linear feet of beach frontage within the littoral cell. As part of the FY 2016-17 Capital Improvement Budget, the City paid $158,601 for its share of the Stage 13 project as outlined in the approved agreement with the County. That cost was based on an $18,000,000 overall project cost. The project estimate for the project is now over $50,000,000 due to the delay and increased quantity of sand required to move. The City will be responsible for its share of the increase project cost (which could be an additional $281,957 based on the current project estimate) and once the USACE is committed to move forward, staff will return to the City Council to request approval for the required additional funding. ENVIRONMENTAL REVIEW: The Army Corps of Engineers, acting as the lead agency, has processed the necessary environmental documentation for this project. The Army Corps prepared an Environmental Assessment in accordance with the National Environmental Policy Act. The document was circulated for public review and found that the project has a Finding of No Significant Impacts as was determined in the 2008 Stage 12 Project. 5-4 Resolution No. 2021-33: Requesting the United States Army Corps of Engineers Fund and Immediately Proceed with Surfside -Sunset Beach Nourishment Project Stage 13 from Anaheim Bay Harbor to Newport Harbor April 27, 2021 Page 5 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Vicinity Map of Entire Project Area Attachment B — Resolution No. 2021-33 5-5 %_- '- p r Surf ide Beach,•Seal-Beach? CA 907431— Sunset [i?43-..Sunset Beach. California .. _ -♦.� 1. � _ ' y} Huntington Beach.CA ` Image 02008 Ddgilo1rl be Ira+�e NASA Newport Beach. CA f • 1. al! 1 i 97 rtu - ATTACHMENT B RESOLUTION NO. 2021- 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REQUESTING THAT THE UNITED STATES ARMY CORPS OF ENGINEERS FUND AND IMMEDIATELY PROCEED WITH SURFSIDE -SUNSET BEACH NOURISHMENT PROJECT STAGE 13 AND PRIORITIZE ALL FUTURE BEACH NOURISHMENT PROJECTS FROM ANAHEIM BAY HARBOR TO NEWPORT BAY IN ORANGE COUNTY, CALIFORNIA WHEREAS, the longshore current carries beach sand southward along the California coast, nourishing the beaches of Orange County from Anaheim Bay Harbor through Huntington Beach to Newport Beach; WHEREAS, the construction of engineered flood control structures between the San Gabriel and Newport Bay have prevented the natural transportation of sediment and sand from the Los Angeles, San Gabriel and Santa Ana rivers, which would otherwise, naturally replenish sand depleted by winter storms and other naturally occurring sand depletion actions; WHEREAS, in 1962, the United States Congress passed the Rivers and Harbors Act, Public Law 87-874, which required the Army Corps of Engineers ("Army Corps") to address the impacts of flood control structures on natural sand deposits, WHEREAS, the Army Corps studied and issued House Document 602, October 2, 1962 which led to beach nourishment projects wherein sand was imported onto beaches where sand depletion was occurring; WHEREAS, from 1964 through 1997, Nourishment Stages 1 through 10 were completed, however, since 1995 the Army Corps began a phase-out of nourishment projects; WHEREAS, Nourishment Stages 11 and 12 were completed in 2001 and 2009, respectively; WHEREAS, on December 13, 2016, the City of Newport Beach ("City") and County of Orange entered into an Agreement for Periodic Nourishment of the Orange County Beach Erosion Control Project Stage 13, in which the City agreed to contribute $158,601 towards Nourishment Stage 13 with additional funding from the State of California, City of Huntington Beach and others contributors; 5-7 Resolution No. 2021 - Page 2 of 3 WHEREAS, in September 2018, the Army Corps prepared a Draft Environmental Assessment for Nourishment Stage 13 which acknowledged that Nourishment Stages 13 was required pursuant to the Rivers and Harbors Act, Public Law 87-874 and projected Nourishment Stages 13 and 14 would begin in 2019 and 2023, respectively; WHEREAS, despite the warning that failure to nourish local beaches would not only reduce recreation opportunities but also expose property to storm damage, the Army Corps has not funded the Nourishment Stage 13 for 11 years, and shows no signs of pursuing future nourishment projects; and WHEREAS, if Nourishment Stages 13 and other future nourishment projects are discontinued, Orange County beaches will erode and, consequently, reduce recreation opportunities and protection of shoreline facilities from storm damage. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby urge the U.S. Army Corps of Engineers, South Pacific Division Los Angeles District to immediately fund and proceed with Surfside -Sunset Beach Nourishment Project Stage 13. Section 2: The City Clerk shall forward this resolution to Commanding General of the U.S. Army Corps of Engineers Lieutenant General Scott A. Spellmon, Commander of the U.S. Army Corps of Engineers South Pacific Division General Paul E. Owen, and Los Angeles District Commander Colonel Julie Balten. Section 3: The City Manager and the Public Works Director, or their designees, may meet directly with Colonel Balten or her designee and take all other actions reasonable and necessary to ensure that Nourishment Stage 13 proceeds immediately in 2021, and for Nourishment Stage 14 to occur within two years of completion of Nourishment Stage 13. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution No. 2021 - Page 3 of 3 Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 27th day of April, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AaronHarp City A orney 5-9