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ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
…enhance, maintain, and protect the human and natural environment.1
ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
Spring/Summer 2012
Inside This IssuePresident’s Message 2
Upcoming Events 3
Student Scholarship Contributors 4
Chapter Director’s Report 5
Cal Poly NRES Banquet 6
Recent AEP Events 7
Mitigation Bank Update 8
2012 CEQA Legislation Update 9
Legislation Update Cont’d 10
Photos From The Channel Counties 11
Channel Counties Board of Directors 2011-2012 12
It’s that time of the year again...for another AEP newsletter that is! Hopefully this message finds you all doing well.
As the spring time leaves us and the summer begins, whether you’re taking that long needed vacation or are in the full swing of things with new and continued work opportunities, we hope you take the time to read this newsletter for the latest AEP news. Below you will find information on upcoming events, updates on legislative news, recaps of beneficial AEP workshops, student scholarship recipient information, and other Chapter news. In addition, please check out the Channel Counties Website for additional news during the year, which can be found at http://ccc.califaep.org.
ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
…enhance, maintain, and protect the human and natural environment.2
President’s MessageBy John Karamitsos
Greetings, as we enter the heart of summer, I want to congratulate all graduates everywhere, especially you Cal Poly and UCSB students participating in AEP. Those of you in the Cal Poly Student Chapter and at the UCSB Bren School have invaluable roles in our Channel Counties Chapter and we look forward to working with you as you enter the environmental planning and resource management professions. In particular, I would like to recognize all the Cal poly and UCSB student volunteers for their excellent assistance at the State Conference, and Andy Prosser, our most recent Bren School Internship award winner. May the sun shine brightly on you all as you continue with your education and/or enter the job market.
Congratulations are also due to our local recipients of 2012 AEP Awards. In the Environmental Analysis category, the Outstanding Document Award went to The Santa Barbara Plan Program EIR, prepared for the City of Santa Barbara by AMEC Earth & Environmental; Applied Earthworks; Fehr & Peers; Nelson/Nygaard; and the City’s Community Development Department, Planning Division. The Awards Jury, which included our own Crystahl Taylor, noted that this document used a number of unique and innovative approaches to analysis and integration of a broad range of issues in a user-friendly manner.
It was a pleasure to have Vice-President Ben Botkin of AMEC, and Barbara Shelton from the City of Santa Barbara, in attendance at the Awards Banquet in Sacramento to accept the award. In the Climate Change Documents category, the San Luis Obispo County Energy Wise Plan, prepared for the County of San Luis Obispo by PMC and the SLO County Department of Planning & Building, received a Merit Award. It is also noteworthy that long-time AEP member and leader Charles S. Bull from San Diego was presented with the Al Reynolds Memorial Lifetime Achievement Award.
Looking off towards the sunset, a tip of the hat is due to all recent retirees for the completion of successful careers in service of the environment and our communities. I know that, like our own unirascible Brian Smith, you will remain active, and I wish you all a thrilling endless summer.
Regardless of the stage of our life and career, we are all together in facing the seemingly insurmountable challenges before us. To this end, I urge each of you to join in the collective efforts of AEP. Whether for pleasure, professional advancement, or an active role in the organization, I believe your participation will be worthwhile. Through your AEP membership, and encouraging others to join, you will make a positive difference.
I would like to close in memory of Naomi Schwartz who passed away on June 4th at the age of 78. Naomi embodied the spirit of public service and environmental awareness , and was a tireless supporter of these causes to the end. While we will miss her dearly, we will never forget her, and her legacy will resonate for generations to come.
John Karamitsos, Chapter President
ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
…enhance, maintain, and protect the human and natural environment.3
Upcoming Events
Army Corps Wetland Regulatory UpdateRegulatory Update
2012 Nationwide Permits and Current Rapanos Guidance
AEP Channel Counties is proud to present a technical presentation by Dr. Aaron Allen, and Mr. Antal Szijj of the US Army Corps of Engineers, Los Angeles District Regulatory Division,
Ventura Field Office. Mr. Sziji will provide an overview of the recently issued 2012 Nationwide Permits for projects subject to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. The new Nationwide permits became effective March 19, 2012, and
include re-issuance of 48 permits and the addition of 2 new permits.p p
The presentation will also include a discussion by Dr. Allen on the most recent RapanosGuidance. The guidance clarifies the US Environmental Protection Agency and the US Army
Corps of Engineers criteria for identification of the limits of waters protected by the Clean Water Act based on the Supreme Court's decisions in Solid Waste Agency of North Cook County v. US
Army Corps of Engineers (SWANCC) and Rapanos v United States (Rapanos)Army Corps of Engineers (SWANCC) and Rapanos v. United States (Rapanos).
The program is being offered in Ventura and San Luis Obispo and will run approximately 2 hours over the lunchtime period. Sack lunch will be provided. Registration fees are $10 for AEP
Members and $25 for non-members. To register, please RSVP to the Coordinator at the location you wish to attend. The venue and coordinator information is provided below.y p
VenturaLocation: Ventura City Hall Community RmWhen: Thursday July 26, 2012, 11:30am to 1:30pm.
SLOLocation: City/County of SLO Library Community RoomWhen: Thursday August 23, 2012,
AEP Coordinator: Travis [email protected](818) 879-4700
11:30am to 1:30pm. AEP Coordinator:Brian [email protected](805) 934-5760 ext. 31
Stay tuned for additional upcoming events by checking the Channel Counties AEP Website for future upcoming events at http://ccc.califaep.org.
ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
…enhance, maintain, and protect the human and natural environment.4
Student Scholarship ContributorsAEP Channel Counties would like to sincerely thank all of its 2012 Student Scholarship Fund Donors. The firms and individuals who pledged and supported the Chapter Scolarship Fund include the following:
Benefactor Level ($250 or more)
• Dudek• Padre Associates, Inc.
• Sage Institute
• LSA Associates, Inc.
• EDA
• AMEC
• Santa Paula Creek Mitigation Bank
Contributor ($100-$200)
• Rincon Consultants
• SWCA
Individual Supporters($50-$500)
• David Parker - Donald Bren School of Environmental Science & Management
• Eric Hughes - Padre Associates, Inc.
• Mel Willis
ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
…enhance, maintain, and protect the human and natural environment.5
Chapter Director’s ReportBy David Wolff
The State Conference in Sacramento was another great and successful conference. The sessions, networking opportunities, booths, and social events all provided valuable inspiration to the work I do and for my part in AEP leadership. The conference was preceded by a State Board Meeting and Chapter Summit. The State Board activities and budget are guided by a Strategic Plan that lays out the goals, objectives and budget for each year. The State Conference is a huge milestone each year as it takes a lot of dedication of the Board and host chapters’ conference committees (Superior and Central Chapters combined this year). Thanks to all of those who created another AEP success. The 2013 conference is a joint AEP/NAEP national conference at LA Live in Los Angeles starting on April 1, 2013. I look forward to the national perspective that this joint conference brings to our organization. Check out the State website for details as they become available.
The review and evaluation of our year to date progress at the State Board meeting on the strategic plan and budget has us looking on track. We will start the State AEP budget planning process at the upcoming August 24, 2012 State Board meeting in San Diego. The Chapter Summit was well attended with representation of Board members from all AEP Chapters. The session included many informational items on AEP organization and structure, the Strategic Plan, and the new website. We make sure to allow a good block of time for interest groups to gather and brainstorm ways to better serve our membership. Again, it provides motivation and inspiration to the AEP leadership.
AEP Membership Drive – The State Board and all the AEP Chapters are conducting a membership drive to push our member numbers up above our peak of a few years ago. Naturally with all things economic, we experienced a fall back in membership as our industry was affected by the economic downturn. I have asked each of my Board Members to recruit one new member. I’ll add that challenge to all of our members. Look around you, that person next to you may not be currently enjoying the benefits of AEP membership. Send them to www.califaep.org for membership information and application form. Don’t forget that many employers will pay for your professional membership. We are a member organization and the Channel Counties Chapter Board is here to serve our membership. We welcome your ideas for programs, articles for our newsletter, AND our member’s photo gallery on our chapter website is still empty. Let’s hear from you!!!
David Wolff, Chapter Director
ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
…enhance, maintain, and protect the human and natural environment.6
Cal Poly NRES BanquetBy Eric Hughes
Another year has gone by and another banquet to celebrate the achievements of Cal Poly students and graduates. This was my third year attending the Cal poly banquet (two as a student and one as a working professional), except this is the first year the banquet was held for the new Natural Resources and Environmental Sciences Department (NRES), formerly known as the Natural Resources Management Department. Attending the banquet has always been a fun time for students and professors to reminisce about the great and many experiences endured throughout the years. Like going on those awesome trips to Swanton Pacific Ranch, participating in club
activities and conferences, and even sitting through one of Dr. Thompson’s exciting and informational lectures! For me, it was nice to see familiar faces and friends of whom I got to know during my years as a student.
Besides the great dinner and desert (provided by the Madonna Inn), the banquet provided an opportunity to recognize outstanding students, scholarship recipients, teachers, and student clubs. Each department gave out an “outstanding student” award to those that displayed academic qualities and involvement in extracurricular activities. AEP would like to recognize Christina McAdams, student AEP member, for receiving the award as an Environmental Management and Protection student. I personally know Christina and can attest to her hard work, good attitude, and ability to get things done. We would like to wish Christina the best as she enters the working force. But the big moment of the night for AEP was announcing the two recipients of the $500 AEP Scholarship, presented by Crystahl Taylor, Dr. Priya Verma, Dr. Rich Thompson, Brian Smith, and myself (Eric Hughes). It was tough to decide the winners, but in the end it came down to Niel Grethers and Benjamin Anderson, with a third place prize of a complimentary one year membership to Calandra Lewis (AEP Vice President, Cal Poly). The banquet was the first time I had met the two gentlemen, but from reading their personal stories and having a chance to review their grades and extracurricular work, I can honestly say they deserve it. Good job! AEP would like to thank all the contributors that make the scholarship program possible.
The end of the night concluded with hugs and good byes to the graduating seniors. Another great Cal Poly banquet...until next year!
ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
…enhance, maintain, and protect the human and natural environment.7
Recent AEP Events
On March 1, 2012, AEP sponsored a well-attended evening Workshop on the ongoing implementation of SB375, which is landmark legislation to reduce greenhouse gases from future land use projects. Santa Barbara Association of Governments (SBCAG), as the local “metropolitan planning organization” is developing a new Regional Transportation Plan, incorporating a “Sustainable Communities Strategy” designed to implement this goal by encouraging mixed use development, improving job-housing balance and in general, reducing “vehicle miles traveled” in the region.
The featured speaker at the Workshop was Bob Leiter, principal consultant to SBCAG, with more than 35 years of regional planning experience. Environmental and urban planners in this area will be hearing more and more about this landmark legislation; accordingly, Mr. Leiter’s presentation is going to be presented on the Chapter Website for future reference.
As a follow-up, AEP will soon sponsor another workshop, discussing the implications of new urban infill CEQA exemptions recently adopted by the Governor’s Office of Planning and Research, in accordance with SB226, signed by the Governor last year. AEP will broadly advertise this Workshop, but if you want to make sure you don’t miss out on the announcement, feel free to contact Brian R. Smith at [email protected].
AEP Program on SB375 and Greenhouse Gasesby Brian Smith
Advanced CEQA Workshopby Eric Hughes
On March 9, 2012, AEP held another successful Advanced CEQA Workshop at the City/County of San Luis Obispo Library. The workshop was attended by over 45 people from both the public and private sector. The three workshop speakers were Nicole Hoeksma Gordon - Partner, The Sohagi Law Group, Richard Daulton, – Principal, Rincon Consultants, and Sabrina V. Teller- Partner, Remy, Moose, Manley. The speakers discussed many “in the news” CEQA issues stemming from case law and current projects. This practical approach helped the audience better understand and prepare for CEQA issues that may arise when planning for development projects. It was obvious to those in attendance that the speakers were well versed and experienced in their field of expertise. In addition, the speakers had a great sense of humor and kept the audience alert and attentive with their jokes. One of the highlights that was well received, according to the comment cards, was the round-table discussion towards the end of the workshop. This discussion allowed open dialogue between the speakers and attendees, giving people the chance to gain insight on questions they had.
The workshop also included some tasty morning fruit, treats, and coffee, followed by a delicious lunch from Panera Bread. I don’t know about you, but I look forward to these little extras when attending the workshops. The best part about the meals was that they provided an opportunity for people to socialize and network with friends, colleagues, and new faces.
AEP would first like to thank the speakers, as it was extremely beneficial. AEP would also like to thank Brian Schwartz, Jeff Oliveira, and the Cal Poly AEP students that helped make this event possible. This truly was a great event and I hope you have the opportunity to attend the next workshop!
ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
…enhance, maintain, and protect the human and natural environment.8
Mitigation Bank UpdateSanta Paula Creek Mitigation Bank
AEP recently sent out an email informing our members about a new and valuable tool for mitigating wetland impacts in northern Ventura and Los Angeles Counties - the Santa Paula Creek Mitigation Bank (SPCMB). With over 5 years in the making, SPCMB functions by funding, in perpetuity, the monitoring, reporting, maintenance, and protection of a conservation easement and endowment. SPCMB currently provides mitigation credits for development projects that impact waters of the U.S. and non-waters of the U.S., and consists of over 200 acres of wetland/riparian and upland habitats.
SPCMB is approved by the U.S. Army Corps of Engineers (Corps), California Department of Fish and Game, Environmental Protection Agency, U.S. Fish and Wildlife Service, Los Angeles Regional Water Quality Control Board, and was authorized to begin operations in December, 2011.
The purchasing of credits is entirely dependent on the agency (e.g. Corps) and the permit being issued. For example, the Corps must first use a scientific model to determine a project’s impacts using factors such as temporal and permanent loss of habitat. Once the parameters are plugged into their formula, they can then calculate the ratio amount of compensatory mitigation, and if applicable, determine the amount of off-site “acre/credits” that will
satisfy the permit. SPCMB provides these “acre/credits” if the permit applicant chooses the option of off-site mitigation.
One of the advantages of mitigation banks like the SPCMB is to immediately satisfy permit requirements for compensatory mitigation. For example, on-site mitigation will generally require restoration and monitoring for a minimum period of five years to satisfy a permit. In addition, if impacts are permanent and unavoidable, off-site mitigation may be the only feasible option.
Even though SPCMB is available for northern Ventura and Los Angeles Counties, it is still possible to utilize this option for areas outside these territories.
For more information on the SPCMB, including contact information, can be found on the web at http://www.spcmb.com.
Upland HabitatSPCMB
Wetland/Riparian HabitatSPCMB
ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
…enhance, maintain, and protect the human and natural environment.9
2012 CEQA Legislation UpdateBy By Steve Rodriguez
The Legislative Review Committee continues to monitor and review issues of concern to AEP members. So far this year, the Committee has concentrated its attention on two items: proposed guidelines for implementing SB 226, and the recent Ballona Wetlands Land Trust v. City of Los Angeles court case.
SB 226 Guidelines. SB 226 (Simitian) was approved by the Legislature last year and made several changes to CEQA. Perhaps the most substantial change was to add Section 21094.4.5 to the CEQA Statutes, which provides measures to streamline the review of urban infill projects. Your handy AEP 2012 CEQA Statute and Guidelines handbook provides the following summary of this new CEQA requirement:
“SB 226 enacts PRC Section 21094.5 establishing a new streamlining method for infill projects. It does not create a complete exemption; however, once environmental analysis is completed in connection with broader planning decisions, such as general plan updates, that analysis will generally not need to be repeated on a project by project basis. Only effects that have not been analyzed in a prior environmental impact report, or effects that are specific to the project, would need to be addressed in project-specific review. Similarly, if an impact was not analyzed in a prior environmental impact report, but uniformly applied development policies substantially mitigate the new impact, no new environmental review would be required.”
“Because Section 21094.5 promotes infill projects that provide environmental benefits, only projects that implement a set of statewide performance standards will be eligible for this streamlined process. Those performance standards will promote, among other statewide objectives, reduced regional automobile use, reductions in greenhouse gas emissions, increased energy and water efficiency, and public health.”
SB 226 also added Section 21094.5.5 to the Statutes, which requires OPR to develop guidelines for the implementation of the streamlining requirements. Guidelines proposed by OPR consist of three parts:
• CEQA Guidelines Section 15183.3 will provide guidance in determining if a project is eligible for the new streamlining provisions.
• CEQA Guidelines Appendix M will provide performance standards that eligible projects must comply with.
• CEQA Guidelines Appendix N will be a new version of the environmental checklist (Appendix G). The new checklist removes the “less than significant” check column and replaces it with two new columns that can be used to determine if a project’s effects were previously analyzed and to document if development policies substantially mitigate impacts.
ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
…enhance, maintain, and protect the human and natural environment.10
AEP submitted a letter to OPR with comments on the original version Section 15183.3, and Appendices M and N. Many of AEP’s comments were incorporated into revised versions. The review period for the revised versions ended on June 1 and a proposed final version will be forwarded to the Natural Resources Agency. Final revisions to the CEQA Guidelines are to be completed by July 1, 2012.
Want more information? Go to OPR’s website: opr.ca.gov/s_sb226.php
Ballona Wetlands. This court case follows a decision last year (Orange County Wastewater Authority v. City of Dana Point) indicating that CEQA requires an evaluation of a project’s impacts on the environment, and does not require the evaluation of the environment’s impacts on a project. In the Ballona case, the Second Appellate District considered several issues, including an argument that a revised EIR for a mixed use development was required to analyze sea level rise impacts on the project. The Court rejected the claim and indicated that an “EIR is to identify the significant effects of a project on the environment, not the significant effects of the environment on the project.” In their decision, the Court stated:
“Guidelines section 15126.2 subdivision (a) states in part: The EIR shall also analyze any significant environmental effects the project might cause by bringing development and people into the area affected. For example, an EIR on a subdivision astride an active fault line should identify as a significant effect the seismic hazard to future occupants of the subdivision. The subdivision would have the effect of attracting people to the location and exposing them to the hazards found there. Similarly, the EIR should evaluate any potentially significant impacts of locating development in other areas susceptible to hazardous conditions (e.g., floodplains, coastlines, wildfire risk areas) as identified in authoritative hazard maps, risk assessments or in land use plans addressing such hazards areas.”
“We believe that identifying the environmental effects of attracting development and people to an area is consistent with CEQA’s legislative purpose and statutory requirements, but identifying the effects on the project and its users of locating the project in a particular environmental setting is neither consistent with CEQA’s legislative purpose nor required by the CEQA statutes.”
The Legislative Review Committee will recommend to the AEP Board that the outcome of Ballona is sufficiently controversial that AEP prepare a white paper to address the issue. The white paper would described the implications of the case and suggest ways for CEQA practioners to deal with the decision.
Legislation Update Cont’d
ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
…enhance, maintain, and protect the human and natural environment.11
Photos From The Channel CountiesBy Ben Botkin and Eric Hughes
Seals Hanging Out in Avila Beach Lotus Flower, Lighthouse - Avila Beach, Mr. Crabby - Montana de Oro
Turnagain Arm in Girdwood, Alaska
If you would like to submit photos for next quarter’s newsletter, please email Eric Hughes at [email protected]
ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
…enhance, maintain, and protect the human and natural environment.12
Channel Counties Board of Directors 2011-2012John Karamitsos – Chapter President Supervising Planner, Santa Barbara County Planning and Development(805) [email protected]
Benjamin Botkin – Vice President of ProgramsEnvironmental AnalystAMEC Earth and Environmental, Inc.(805) 962-0992 ex [email protected]
Alison Evans, AICP – TreasurerEnvironmental ScientistDudek (805) [email protected]
Jennifer Pace – SecretaryEnvironmental Specialist/PlannerDudek(805) [email protected]
David Wolff – Chapter State DirectorPrinciple EcologistSage Institute, Inc.(805) [email protected]
Beth Anna Cornett – Santa Barbara County RepEnvironmental Planner, URS Corporation(805) [email protected]
Brian Schwartz – North SB/SLO RepresentativeUrban Planning Concepts, Senior Planner2624 Airpark Dr.Santa Maria, CA 93455(805) 934-5760 [email protected]
Eric Hughes – Newsletter Editor/WebmasterPadre Associates, Inc.(805) 786-2650 [email protected] Jeff Oliveira – SLO County RepresentativePricipal, Oliveira Consulting(805) [email protected]
Travis Cullen – Ventura County RepresentativeChief Operating OfficerENVICOM Corporation(818) 879-4700 ex 233 [email protected]
Trevor Keith – Membership Committee ChairEnvironmental Planner(805) [email protected]
Steve Rodriquez, AICP – Legislative ChairPresident, Rodriguez Consulting, Inc.(805) [email protected]
Dr. Richard Thompson – Cal Poly Chapter Faculty AdvisorProfessor(805) [email protected]
Dr. Priya Verma – Cal Poly Chapter Faculty AdvisorProfessor(805) [email protected]
David Parker – UCSB Bren School AdvisorDirector of Career Development, UC Santa Barbara Donald Bren School(805) [email protected]
Sarah McCutcheonStudent Chapter PresidentCal Poly San Luis Obispo(858) [email protected]
Crystahl Taylor – Student Membership ChairSenior Project ManagerPadre Associates, Inc.(805) [email protected]
