SAN JOAQUIN RIVER
Dissolved Oxygen
Total Maximum Daily Load
Stakeholder Process
SJR Dissolved Oxygen TMDL Steering Committee
DRAFT Meeting Notes - June 16, 1999
 By: Kevin Wolf, kjwolf@dcn.davis.ca.usSend comments by July 7 if possible.

Attending: Roger Bennett (Lathrop), Al Brizard (SCFB), Russ Brown (JSA - Stockton), Doug Cullzins (Stockton), Chris Foe (CVRWQCB), Mary Hildebrand (SJFB), Vance Kennedy (Farm Bureau), Tom King (CVRWQCB), G. Fred Lee (Delta Keeper),Peggy Lehman (DWR), Gary Litton (UOP), Ronda Lucas (Farm Bureau), Dan Madden (City of Turlock), Paul Marshall (CalFed), Frank Motzkus (City of Tracy), Eric Muller (Stan Co. Farm Bureau), Bob Murdoch (Stockton), Garner Reynolds (Modesto), Mike Schafer (Lodi), Tony Tovar (City of Modesto), Wangteng Tsai (Systech), Alice Tulloch (citizen), Walter Ward (Modesto ID, Kevin Wolf (facilitation and notes)
  1. Next Meetings:
    1. Steering Committee:
      July 21 (third Wednesday of the month) from 9-noon, 2500 Navy Dr. Stockton
    2. Executive Committee:
      July 7 (first Wednesday of the month) from 1:30-3:30 pm, 2500 Navy Dr. Stockton
    3. Technical Committee:
      June 28, 9-noon DWR, 3351 S Street in Sacramento. For more information contact, Peggy Lehman (916-227-7551) and Doug Brewer (916-737-3000)
    4. City Outreach Subcommittee:
      Not scheduled. It will be called on an as needed basis
    5. Agriculture Outreach and BMP Committee:
      To be decided at next July 7 Executive Committee meeting.
    6. Funding Committee:
      Meeting time and date to be determined at Executive Committee meeting)
  2. Decision Making Process
    1. The steering committee postponed discussion on the decision making process until after the Executive Committee addresses it at their July meeting. It was noted that consensus was reached during the meeting on a number of questions but that without a clear decision making process when consensus can't be reached and a decision must be made (as was needed with the decisions on the technical budget and the City of Turlock's request), the stakeholder process could lose important opportunities and fail to meet its timeline.
  3. Regional Water Quality Control Board directives to the Stakeholders
    1. Chris Foe stated that the Central Valley Board has required that the Stakeholders complete the TMDL and Adaptive Management Plan proposal by December 2002. In a previous set of notes, the date of December 2001 was stated as the when this was due.
    2. Chris clarified that the Board anticipates a TMDL and Adaptive Management Plan that may likely change as more information and research is developed. For example, a dry year may not occur by December 2002 and when it does occur, it may change both the TMDL and the Plan. One way to consider this is as a Phased TMDL with an ongoing comprehensive monitoring plan.
  4. Technical Committee Budget Issues
    1. The Steering Committee approved of the budget developed by Peggy Lehman and the Technical Committee for how to spend the $30,000 available for studies from the City of Turlock's settlement with the California Sportfishing Protection Alliance.
    2. The Steering Committee approved the Technical Committee's summer budget with $100,000 set aside for database work by Jones and Stokes (paid by the City of Stockton), $30,000 from Turlock for monitoring, and $50,000 for an initial round of Sediment Oxygen Demand research.
  5. Additional Funding Options and Stakeholder Internal Structure
    1. CalFed Grant Application Successful
      1. The Ecosystem Roundtable voted to support the Stakeholders grant application for $870,000.
      2. The grant funds will not likely be available until the fall. This means that the funds from Stockton and Turlock are especially important to gain information and analysis that is needed this dissolved oxygen season.
      3. It is hoped that CalFed can move the processing of the paper work for this grant to the head of the line given its timeliness. Paul Marshall will report on any opportunities for helping do this.
    2. Legislation
      1. The Budget Change Proposal made by the Stakeholders to the state legislature is on hold until the Assemblywoman Duchany's TMDL bill is negotiated and a final version is agreed upon. A beneficial BCP may not pass this year and cannot be counted on. The fate of the BCP for this year will be known by the end of the summer.
    3. City of Turlock Settlement with CSPA (California Sportfishing Protection Alliance)
      1. As part of a settlement on a CSPA lawsuit over the City's alleged violations of the Clean Water Act, the City contributed $30,000 to DWR for monitoring and $30,000 for Dr. G. Fred Lee's involvement with the TMDL technical committee and process. It was noted that Dr. Lee's involvement helps meet the objective of having a peer review type evaluation of the research and monitoring before it is embarked upon.
      2. The City has asked the Stakeholders to have the $60,000 go towards any future requirements that they might make of cities and stakeholders to help develop the TMDL and the Adaptive Management Plan proposal. The Stakeholders supported this in general and directed the Executive Committee to finalize the language for how this will be stated. It was noted by a number of stakeholders that it is highly unlikely the Steering Committee will make any manditory requirements on stakeholders. Such a requirement is not likely to be enforceable and thus contributions requests will be most likely be voluntary. There is concern that if the City may not let the DWR monitoring money without a resolution from the steering committee on the issue of their funds being used towards any future funding requests. For this reason, the Steering Committee directed the Executive Committee to make a final decision for them and that they would agree to whatever that decision was.
      3. The Board might require contributions from NPDES dischargers to the process and it would be up to them to determine whether Turlock's settlement money would go towards such a requirement. The Steering Committee cannot promise that the $60,000 from Turlock would meet any requirements by the Board.
    4. NPDES Dischargers and future RWQCB requirements and funding options
      1. The Regional Board could require that NPDES dischargers make financial payments towards the TMDL process. This is being done in Orange County.
      2. The Regional Board could require that part of fines paid for water quality violations go to the TMDL process. Any fines would not likely be allowed to offset TMDL financial responsibilities on a one to one basis.
    5. A Stakeholder Trust Account
      1. The City of Stockton has set up a Trust Account to which the funds can be sent. Funds from it would be allocated based on directions from the Steering Committee. Signatures from the chair or vice chair may be required for funds to be let.
      2. It is not known if all the stakeholders will support sending money to a Trust Fund set up by the City of Stockton, though having it controlled by the steering committee will likely help.
    6. A Credit System
      1. The Steering Committee did not come to an agreement on how or whether to account for contributions of money, time and resources that different stakeholder entities make to the TMDL process. Further discussion of the issue will occur at an upcoming Executive Committee meeting.
      2. Some stakeholders thought that each entity would keep internal records of their assistance and would be able to provide this if ever needed. In the meantime, don't collect the information until there is a purpose for doing so.
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