SR 04-11-2023 5D
City Council
Report
City Council Meeting: April 11, 2023
Agenda Item: 5.D
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources
Subject: Adoption of Resolution Designating Alternate Representative for the Santa
Monica Basin Groundwater Sustainability Agency
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to appoint a second Alternate Representative, acting
in the capacity of Board Member, to serve on the Board for the Santa Monica
Basin Groundwater Sustainability Agency;
2. Adopt the Resolution authorizing the City Manager to appoint a second Alternate
Representative to represent the City on the Board for the Santa Monica Basin
Groundwater Sustainability Agency; and
3. Adopt a finding of no possibility of significant effect pursuant to Section
15061(b)(3) (Common Sense Exemption) of the California Environmental Quality
Act (CEQA) Guidelines.
Summary
The City of Santa Monica is one of five member agencies of the Santa Monica Basin
Groundwater Sustainability Agency (SMBGSA). The SMBGSA’s formation was
mandated by the Sustainable Groundwater Management Act (SGMA) of 2014, which
was enacted by the State of California to ensure that groundwater across the state is
managed sustainably. In compliance with SGMA, the SMBGSA prepared and submitted
the Groundwater Sustainability Plan (GSP), approved by the City Council on December
7, 2021, and adopted by the SMBGSA on January 13, 2022, to the California
Department of Water Resources before the January 31, 2022 deadline. At the
December 7, 2021 City Council meeting, City Council also designated the City Manager
(Party Representative) or the Water Resources Manager (Alternate Representative) to
represent the City on the SMBGSA Board. No additional compensation is provided by
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the City to staff that serves on the SMBGSA Board. Staff is requesting the City Council
to authorize the City Manager to appoint a second Alternate Representative in the event
that the City Manager and Water Resources Manager are not available for the
SMBGSA Board Meeting as all actions by the SMBGSA require a unanimous vote.
Discussion
The Cities of Santa Monica, Beverly Hills, Los Angeles, and Culver City, and the County
of Los Angeles entered into a Memorandum of Understanding (MOU) in 2017 to form
the SMBGSA and cooperatively manage the Santa Monica Basin in a responsible and
sustainable manner, which includes the preparation of a GSP and implementing
sustainable management actions and projects outlined in the GSP. The SMBGSA
comprises of local government agencies that are fully or partially overlying the Basin as
defined by the California Department of Water Resources (DWR).
The SMBGSA members have designated the City of Santa Monica as the administrative
coordinating entity for the SMBGSA. As part of GSP development, SGMA requires the
SMBGSA to understand the basin context, basin conditions, hydrogeological conceptual
model, and the basin water budget, as well as provide a description of the sustainable
management criteria for the basin, conduct stakeholder engagement, monitor network
planning, and identify project and management plans.
The GSP submitted to the DWR on January 2022 outlined five sustainable management
actions and five projects for the Santa Monica Basin to maintain the sustainable criteria
established to ensure the long-term health and availability of groundwater resources
(e.g., maintain sufficient groundwater in storage for continued groundwater production
for the City’s drinking water supply, prevent seawater intrusion, and sustain
groundwater production rates as to not adversely impact the groundwater aquifer and
groundwater dependent ecosystems) for current and future stakeholders through
ongoing, proactive stewardship. The SMBGSA Board meets quarterly to carry out the
sustainable management actions and projects identified in the GSP.
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The City’s Water Resources Manager was designated by the City Council as the City’s
alternate representative to the SMBGSA on December 7, 2021. The City Attorney’s
Office has advised that it would be prudent to have the City appoint a second alternate
SMBGSA representative in the event that the City’s Water Resources Manager is either
unavailable to attend the quarterly SMBGSA meeting or called upon to provide technical
advice for any current or future legal actions involving the SMBGSA.
Environmental Review
The appointment of a second representative on the SMBGSA Board is categorically
exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The
appointment is covered by the common sense exemption which states that CEQA does
not apply, “where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment.” The appointment of a
second alternate representative would ensure that a City representative is present in the
event that the City Manager and Water Resources Manager are not available.
Therefore, it can be seen with certainty that the appointment would not result in adverse
physical impacts on the environment, and as such, is categorically exempt from CEQA.
Past Council Actions
Meeting Date Description
5/9/2017
(Attachment A)
Santa Monica Basin Groundwater Sustainability Agency
Memorandum of Understanding
12/7/2021
(Attachment B)
Approval of the Santa Monica Basin Groundwater Sustainability
Plan
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of
recommended action.
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Prepared By: Sunny Wang, Water Resources Manager
Approved
Forwarded to Council
Attachments:
A. Santa Monica Basin Groundwater Sustainability Agency Memorandum of
Understanding (Web Link)
B. Approval of the Santa Monica Basin Groundwater Sustainability Plan (Web Link)
C. GSA Alternate Representative Resolution
D. Written Comment
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City Council Meeting April 11, 2021 Santa Monica, California
RESOLUTION NUMBER ____________(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO APPOINT THE
CITY’S ALTERNATE REPRESENTATIVE TO SERVE ON THE
BOARD OF DIRECTORS FOR THE SANTA MONICA BASIN
GROUNDWATER SUSTAINABILITY AGENCY
WHEREAS, on September 16, 2014, the Sustainable Groundwater
Management Act (“SGMA”) (Water Code sections 10720 et seq.) was signed into
law by the Governor to provide sustainable management of groundwater by
providing local groundwater agencies with the authority to sustainably manage
groundwater through the adoption of Groundwater Sustainability Plans; and
WHEREAS, Water Code Section 10723(a) authorizes local agencies with
water supply, water management or land use responsibilities overlying a
groundwater basin to elect to become a Groundwater Sustainability Agency
(“GSA”) to manage groundwater within the basin; and
WHEREAS, the Santa Monica Basin Groundwater Sustainability Agency
(“SMBGSA”) was formed in 2017 by the City of Santa Monica (“City”), the City of
Los Angeles acting through its Department of Water and Power (“LADWP”), the
City of Beverly Hills (“Beverly Hills”), the City of Culver City (“Culver City”), and Los
Angeles County (each, “a Party,” and collectively, the “Parties”) as local agencies
qualified to become a GSA as agencies that either supplies water, manages water,
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Packet Pg. 545 Attachment: GSA Alternate Representative Resolution [Revision 4] (5619 : Designate Alternate Representative for GSA Board)
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or has land use responsibilities over a portion of the Santa Monica Groundwater
Basin (Basin Number 4-11.01 DWR Bulletin 118) (“Basin”), a DWR-designated
medium-priority basin; and
WHEREAS, the Parties formed the SMBGSA through a Memorandum of
Understanding (“MOU”), effective October 17, 2017, to manage the Santa Monica
Groundwater Basin (“Basin”); and
WHEREAS, in accordance with Section 4.1 of the MOU, each Party shall
appoint one representative (“Party Representative”) to participate in the
SMBGSA on its behalf; and
WHEREAS, each Party may appoint an alternate representative
(“Alternate Representative”) in case of the Party Representative's absence or
inability to act; and
WHEREAS, and each Party may replace its Party Representative or
Alternate Representative at any time upon providing notice to the other Parties;
and
WHEREAS, the SMBGSA shall be represented by a five-member Board of
Directors (the “Board”), and each board member shall be appointed in accordance
with Section 4.1 of the MOU; and
WHEREAS, the Board will have both decision-making and advisory
responsibilities pertaining to groundwater management in SMBGSA, which DWR has
designated as a medium priority basin under SGMA; and
WHEREAS, SGMA requires that the Basin be managed under a
groundwater sustainability plan (GSP) by January 31, 2022; and
5.D.c
Packet Pg. 546 Attachment: GSA Alternate Representative Resolution [Revision 4] (5619 : Designate Alternate Representative for GSA Board)
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WHEREAS, the City Council authorized either the Party Representative
(City Manager) or the Alternate Representative (Water Resources Manager) on
December 7, 2021, acting in the capacity of Board member, to approve the GSP,
subject to any minor amendments approved by the GSA Board, and act on behalf
of the City in the GSA; and
WHEREAS, Council has determined that it would be prudent to designate
a second Alternate Representative in the event that the Water Resources Manager
is either unable to attend a SMBGSA meeting or called upon to provide technical
advice in the event of any current or future litigation involving the SMBGSA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. The City of Santa Monica City Manager is able to designate
a second Alternate Representative in the event that the Water Resources Manager
is not available or called upon to provide technical advice in the event of any
current or future litigation involving the SMBGSA.
SECTION 3. Either the Party Representative or an Alternative
Representative, acting in the capacity of Board member, is authorized to represent
the City in the SMBGSA.
5.D.c
Packet Pg. 547 Attachment: GSA Alternate Representative Resolution [Revision 4] (5619 : Designate Alternate Representative for GSA Board)
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SECTION 4. The Clerk shall certify to the adoption of this Resolution, and
thenceforth the same shall be in full force and effect.
APPROVED AS TO FORM:
__________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 548 Attachment: GSA Alternate Representative Resolution [Revision 4] (5619 : Designate Alternate Representative for GSA Board)
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Vernice Hankins
From:patriciamcpherson1@verizon.net
Sent:Monday, April 10, 2023 4:40 PM
To:councilmtgitems
Subject:Public Comment, Item 5 d. SGMA april 11, 2023 SMBGSP Adherence to GDE per SGMA, GC BEEP
MARGOT LETTER GDE REQUEST
Attachments:gc beep margot gde letter.docx
EXTERNAL
Dear Santa Monica City Council Members of the Santa Monica Basin Groundwater Sustainability Plan Agency
We request that the GSA, the City of Santa Monica place as an AGENDA ITEM the need for the City Council of Santa
Monica to direct its SGMA/ GSA representative to support a diligent Groundwater Dependent Ecosystem (GDE) evaluation
upon the Ballona Wetlands/Ballona Wetlands Ecological Reserve--a Department of Water Resources acknowledged
Groundwater Dependent Ecosystem.
The following undersigned organizations and Restoration Ecologist request that the Santa Monica Basin Groundwater Sustainability
Plan Agencies ( Cities of Santa Monica; Culver City; Beverly Hills; Los Angeles, Dept. of Water and Power; LA County Board of
Supervisors) approve a directive to its Sustainable Groundwater Management Act (SGMA) representative for the Santa Monica
Groundwater Basin Plan to support a Groundwater Dependent Ecosystem (GDE) evaluation of Ballona Wetlands and its environs
within the Santa Monica Groundwater Basin performed with the stringent evaluation recommended by the Department of Water
Resoures--namely the Groundwater Dependent Ecosystem protocol of the California Department of Fish & Wildlife (CDFW). The
Department of Water Resources has acknowledged Ballona Wetlands as a Groundwater Dependent Ecosystem.
Fish and Wildlife Groundwater Planning Considerations
Well-designed SGMA implementation will espouse CDFW’s mission to manage California's diverse fish, wildlife, and plant
resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the
public. The
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Fish and Wildlife Groundwater Planning Considerations (PDF) document catalogues groundwater
planning considerations to address the Department’s key groundwater planning questions and interests. The document is
intended as a reference for GSAs and other groundwater planning proponents to encourage sincere consideration of fish
and wildlife public trust resources in groundwater plan development.
Additionally, the Groundwater Program has developed a habitat-specific document for wetlands:
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Fish & Wildlife Groundwater Planning Considerations: Freshwater Wetlands (PDF).
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Packet Pg. 549 Attachment: Written Comment (5619 : Designate Alternate Representative for GSA Board)
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Please review the attached Letter Request and we look forward to your response.
Sincerely,
Patricia McPherson, Grassroots Coalition
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Packet Pg. 550 Attachment: Written Comment (5619 : Designate Alternate Representative for GSA Board)