Attendees:

Lauma Jurkevics, California Coastal Commission
Michael Lyons, Los Angeles Regional Water Quality Control Board
Terri Ely, Corps of Engineers/Regulatory
Tom Johnson, Port of Long Beach
Dennis Eschen, City of Long Beach/Parks, Recreation & Marinas
Sara Wan, California Coastal Commission (via telephone)

Narratives and Flow Charts

We have received narratives from the Corps Regulatory, CDFG, CCC, LARWQCB, City of LB, POLA, and POLB. In addition, we have flow charts from the Corps Regulatory, CCC, LARWQCB, City of LB, POLA, and POLB. Based on that information, Tom and Ralph developed a draft overall flow chart, which was provided at the meeting.

To better understand the planning and resource evaluation processes, we still need narratives and flow charts from Corps Planning, USEPA, USFWS, NMFS and a flow chart from CDFG. Lauma has sent out packages of completed narratives and flow charts to all Implementation Subcommittee members to help facilitate their tasks. In addition, these packages were sent to USFWS and NMFS for their input.

The narratives and flow charts are due to Lauma by January 15, 1999. Once all information is received, Lauma will be able to summarize redundancies and recommend draft-streamlining options by March 15, 1999. As a result, the Year One Workplan completion and start dates were modified to get the requested information.

Sara emphasized that we want to avoid the need for "planned emergencies." We would like to get everybody on the same planning and evaluating field. It is important for this subcommittee to get information from the planning side of the Corps and encourage coordination between the Regulatory and Environmental Branches of the Corps.

Draft Overall Flow Chart

The draft overall flow chart developed by Tom and Ralph focuses on the regulatory side of project review based on the information already received by the regulatory agencies. We will need to insert planning information to get a better understanding of how projects are reviewed by the resource agencies. The members would like input from John Hanlon (USFWS) and Bob Hoffman (NMFS) into the review process. Sara believed that, in addition to endangered species issues being handled by USFWS, NMFS could be involved in the regulatory process as it affects marine mammals.

The large flow chart has been sent to the members for review and comment on the accuracy of the information presented in the flow chart (look for Lauma’s 12/21/98 memo). Comments are due to Lauma by January 15, 1999.

Strategy Adoption Process

The lead agencies will need to describe the process for adopting the management strategy once it’s developed. We have a brief summary from the Corps/Regulatory. We still need a summary from USEPA, CCC, and the LARWQCB. Terri will also expand the Corps’ summary. These summaries are due to Lauma by January 15, 1999. Michael will then provide an analysis of the Strategy Adoption Process Requirements by February 15, 1999.

Workplan

Lauma has revised the start and completion dates for Year One of theWorkplan (see attached). The major task before us is developing a Streamlining Report and a Strategy Adoption Process Report to be presented to the Management Committee during the 2^nd and 3^rd quarters of 1999. In addition, we will need to include action items to address the committee’s role in the funding process.

Corps Regulatory and Planning Coordination

The Corps’ Regulatory and Planning/Environmental branches do not appear to discuss and coordinate project conditions with each other. The Regulatory branch issues permits and licenses for non-Corps projects. The LARWQCB reviews these projects through the Clean Water Act (CWA) Section 401 Water Quality Certification (401 WQC) and/or the Porter-Cologne’s Waste Discharge Requirements. The CCC will also review these projects if they were to occur or impact the Coastal Zone.

On the other hand, the Planning/Environmental branch is responsible for developing environmental documents and evaluating the CWA Section 404(b)(1) Guidelines for Corps-sponsored projects. If there is a potential impact to the Coastal Zone, CCC will review these projects. As for the LARWQCB, it may evaluate the project under the 401 WQC process or comment on the draft environmental documents by recommending monitoring or other appropriate measures.

However, there does not appear to be consistency in the conditions the Corps imposes on itself versus the ones it imposes on non-Corps projects. There needs to be improved communication within the Corps. Colonel Carroll expressed support for this improvement at the last Task Force meeting for his LA District office. But we don’t know when this improvement will occur, so the committee will recommend that the Task Force co-chairs approach the management from the Corps’ Regulatory and Planning/ Environmental branches to increase intra-agency coordination and consistency in project requirements. The members believe the co-chairs will need to start with Dave Castanon (Regulatory) and Pam Castens (Environmental) or perhaps with the branch chiefs (Bob Joe?) but Lauma will need to confirm. We’ll also need to involve the Corps’ Operations and Coastal Resources branches.

In addition, Terri will begin updating the Regulatory branch at weekly meetings with Brian Moore on the progress of the CSTF. Terri is currently looking for an organization chart of the Corps so the group can have a better understanding of how the various branches interrelate with one another. Terri will forward that chart to Lauma.

Update on Afternoon Funding Session

Lauma informed the group as to what was being proposed for the afternoon funding session. The purpose of that session was to discuss a strategy in developing a State bill and to identify the steps and time schedule involved. Steve Fleischli, attorney with Heal the Bay, would be able to provide guidance in this area for the Task Force.

Lauma also relayed information discussed earlier with Dean Smith, LA County Beaches and Harbors. He had mentioned that there was a Senate Bill proposed by Mary Landrieu from Louisiana. This bill was associated with the offshore continental shelf (OCS) oil revenue and provided environmental coastal legislation. Dean is involved with the LA Beach Replenishment Task Force and anticipates that group will be looking for funding through this bill and also thought that the CSTF would be interested in looking at this option for its own research needs. Information on the bill is attached.

Sara cautioned the group about pursuing OCS funds because of California’s opposition to oil drilling. Asking for revenue could imply endorsement for oil exploration, which is not the purpose of the CSTF.

Progress from October Interim Advisory Meeting

At the October Interim Advisory Committee Meeting, Tony, Michael, Bill, and Steven provided oral summaries of potential funding sources. Since that time, Steven obtained a draft manual of USEPA funding opportunities, which was passed out to all the committee chairs. What we still need are written summaries of the various funding options that Tony and Michael discussed. These summaries should identify the funding source, the purpose, who can apply, the deadlines involved, how does one apply, and any other pertinent information. Once we get this information, we can share it with the other subcommittees. The summaries are due to Lauma by February 15, 1999.

State Bills

Sara emphasized that if we want to pursue developing a bill, we will need to move quickly and have a placeholder bill at the beginning of January and obtain a sponsor in the Assembly or Senate. Sara is willing to approach Betty Karnette after Sara gets back from vacation. Dennis also mentioned that we could contact Assemblyman-elect Alan Lowenthal (Long Beach). Lowenthal would be interested in helping his constituents.

Sara also mentioned that because of the current State deficit, we should not over-reach and ask only for small amounts of money. It would be prudent to somehow utilize this bill to leverage getting money from the federal government. Sara recommended we coordinate a legislative effort, oversee subsequent lobbying, then report back to the CSTF on our progress. She also thought that maybe we should pursue funding to hire a person responsible for putting together grant proposals. Perhaps that person can work within the Santa Monica Bay Restoration Project (SMBRP) to pursue funding that would benefit both the work of the CSTF and the implementation of the SMBRP’s management plan.

Per Sara’s request, Lauma contacted Peter Douglas at CCC to get background information on how the CCC obtained funding to staff a person responsible for putting together grant proposals, what’s the expense involved, and how much time is needed for such work. It turns out that there is not one specific person working on grants; several people have had responsibility in seeking and asking for money, including our own Task Force co-chair, Jaime Kooser. Lauma will be coordinating with Jaime and Peter to gain more insight into this process.

Lauma Jurkevics, California Coastal Commission
Michael Lyons, Los Angeles Regional Water Quality Control Board
Terri Ely, Corps of Engineers/Regulatory
Tom Johnson, Port of Long Beach
Steve Fleischli, Heal the Bay
Catherine Tyrrell, Los Angeles Regional Water Quality Control Board (via telephone)

Update on Morning Session + Funding Direction

Lauma provided Catherine and Steve an update on what was discussed in the morning session. With respect to funding a grants person, Catherine recommended that the agencies pursue a Budget Change Proposal.

Steve recommended we look at how Heal the Bay approached the contaminated seafood bill with Tom Hayden. He also mentioned that the Ports’ lobbyists look at the Bond Act (Clean Water/Safe Drinking Water) as potential sources of funding.

As for getting out a bill to the Office of Legislative Counsel, Steve concurred we need to work fast if we want to get money for the upcoming State fiscal year. We need to get an author (i.e., legislator) by January 22^nd to present and ensure a placeholder for a bill that would fund committee research needs (sponsors, such as the POLB, are not needed). In addition to Karnette and Lowenthal, Steve recommended Deborah Bowen, who has been successful in getting environmental bills through the process (although she currently is chair of the Senate Energy Committee). However, we will also need to have an objective. By February 26^th, we should provide more monetary details in the bill (at least provide some numbers that the Appropriations Committee can utilize to adequately come up with a suitable cost). The bill will then be out of the Policy Committee by April 23^rd and voting should occur in May.

However, Steve emphasized that we must be clear as to what studies we want to conduct and we need to identify about 4-5 things we want done (e.g., investigate aquatic disposal options, test treatment options, implement BMPs within the watershed, fund studies to establish sediment criteria,..). We could make this bill a 2-year bill and use it as "feelers" to see what the legislators say, then pull it back until 2000. Although pursuing a bill is an option, Steve would prefer we also look at budget or bond processes. He indicated that SMBRP is going to have a Development Director, who will be that group’s grant writer (something for us to consider tapping).

Michael will look at the original Karnette bill and develop preliminary bill language that will link Legislative Report’s "Next Steps" with the subcommittee workplans. Committee chairs and Implementation Committee members will receive the preliminary draft before the end of 1998 to review and provide quick comments.

Meanwhile, Tom will coordinate with Geraldine Knatz and POLB lobbyists in contacting potential authors (Karnette, Bowen, Lowenthal) for the proposed bill, in investigating the funding structure, and in researching the bond act (water bond). POLA will also be providing Lauma with some ideas regarding the drafting of the bill.

Next Implementation Subcommittee Meeting

CCC Long Beach office, February 1, 1999, 10:00 a.m. – noon.
There may also be a prior impromptu meeting to specifically discuss developing the State bill.