November 8-9, 2018 Board Agenda

NOTICE OF PUBLIC MEETING
Thursday, November 8, 2018, 9:00 a.m. – 5:00 p.m.
Friday, November 9, 2018, 9:00 a.m. – 5:00 p.m.

Agenda in English | Agenda en Español

Central Coast Water Board Offices
895 Aerovista Place, Suite 101
San Luis Obispo, California

Thursday, November 8, 2018, 9:00 a.m.

Items are numbered for identification purposes only and may be considered out of order. All times indicated and the order of business are approximate and subject to change. Items scheduled for a particular day may be moved to a different day to facilitate the Board’s business. Any item scheduled for the first day of a multi-day Board meeting may be delayed or continued to the next day. Closed session items may be considered on either or both days. PDF version of this web page

BOARD BUSINESS

  1. Roll Call

    [Tammie Olson, Clerk to the Board, 805/549-3140, Tammie.Olson@Waterboards.ca.gov]

  2. Audio 1 and 2

  3. Introductions, Staff Recognition, and Awards

    [John Robertson, Executive Officer, 805/549-3140, John.Robertson@waterboards.ca.gov]

  4. Audio 1 and 2

  5. Approval of September 20-21, 2018, Board Meeting minutes
  6. Audio

  7. Report by Regional Board Members
  8. Audio Problem with the sound on this item

Discussion/Information Items

  1. Agricultural Order 4.0 Requirement Options

    [Chris Rose, 805\542-4770, chris.rose@waterboards.ca.gov, Elaine Sahl, 805\542-4645, Elaine.Sahl@waterboards.ca.gov, Arwen Wyatt-Mair, 805\542-4695, Arwen.Wyatt-Mair@waterboards.ca.gov]

    STAFF REPORT
  2. AUDIO

    Presentations

    Public Comment Letters

Public Forum

  1. Public forum will be heard directly after the lunch break, not before 1:00 p.m. Any person may address the Board regarding a matter within the Board's jurisdiction that is not related to an item on this meeting agenda. Comments will generally be limited to three minutes, unless otherwise directed by the Chair. Any person wishing to make a longer presentation should contact the Executive Officer at least one week prior to the meeting. Comments regarding pending adjudicatory matters will not be permitted.

Friday, November 9, 2018, 9:00 a.m.

BOARD BUSINESS

  1. Roll Call / Introductions

    [Tammie Olson, Clerk to the Board, 805/549-3140, Tammie.Olson@Waterboards.ca.gov]

    Audio (sound problems)

  2. Report by State Water Resources Control Board Liaison

    [Dorene D’Adamo, 916/341-5609]

  3. Dorene D'Adamo was present but did not give a report.

Public Forum

  1. Any person may address the Board regarding a matter within the Board's jurisdiction that is not related to an item on this meeting agenda. Comments will generally be limited to three minutes, unless otherwise directed by the Chair. Any person wishing to make a longer presentation should contact the Executive Officer at least one week prior to the meeting. Comments regarding pending adjudicatory matters will not be permitted.
  2. No speaker request

Discussion/Informational Items

  1. Agricultural Order 4.0 Stakeholder Panel Discussions (item continued from Thursday)
    [Chris Rose, 805/542-4770, Chris.Rose@waterboards.ca.gov , Elaine Sahl, 805\542-4645, Elaine.Sahl@waterboards.ca.gov, Arwen Wyatt-Mair, 805\542-4695, Arwen.Wyatt-Mair@waterboards.ca.gov]. continuation from Thursday, as needed.

Permits/Waste Discharge Requirements

  1. Termination of various waste discharge requirements and enforcement orders related to now ceased Los Osos septic system discharges, Resolution No. R3-2018-0052, San Luis Obispo County

    [Jon Rokke, 805/549-3892, jon.rokke@waterboards.ca.gov]

    STAFF REPORT

    Audio

Administrative Items

  1. Executive Officer’s Report

    [John Robertson, Executive Officer, 805/549-3140, John.Robertson@waterboards.ca.gov]

    STAFF REPORT
    • Attachment 1: Table 3 - Groundwater Section, Case Closure Performance Scoreboard
    • Attachment 2: Table 4 - Groundwater Case Closure
    • Attachment 3: Table 5 – Enrollments in General Orders/Waivers
    • Attachment 4: Restated and Amended Interim Replacement Water Settlement Agreement – Year 2

    Audio

Closed Session

  1. Discussion of Cases in Litigation [Staff Counsel Stephanie Yu]

    The Board may meet in closed session to discuss pending litigation, as authorized by Government Code (GC) Section 11126(e). Current litigation involving the Board:

    Litigation filed against the Central Coast Water Board:

    1. 2017 Agricultural Discharges Order– Monterey Coastkeeper, et al. v. Regional Water Quality Control Board, Central Coast Region (Sacramento County Superior Court, Case No. 34-2017-80002655)

    Litigation filed by the Central Coast Water Board against other parties, including referrals to the Office of the Attorney General:

    1. United States, et al. v. HVI Cat Canyon, Inc., f/k/a Greka Oil & Gas, Inc. (U.S. District Court, Central District of California, Case No. CV 11-05097 FMO (PLAx))
    2. Referral to Attorney General concerning Plains Pipeline, LP, Refugio Oil Spill, Gaviota, Santa Barbara County (Resolution No. R3-2015-0026)

     

    The Board may discuss significant exposure to litigation as authorized by GC Section 11126(e)(2)(B).  The Board may also decide whether to initiate litigation as authorized by GC Section 11126(e)(2)(C).  The Board is not required to allow public comment on closed session items. (See GC Section 11125.7(d).

    Deliberation on Decision after Hearing
    The Board may meet in closed session to deliberate on a decision to be reached based upon evidence introduced in a hearing, as authorized by GC Section 11126(c)(3).

    Personnel Issues
    The Board may meet in closed session to discuss the appointment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another employee unless the employee requests a public hearing. This closed session is authorized under Government Code Section 11126(a)(1).


The next scheduled Board meeting is December 5-6, 2018, in San Luis Obispo.


IMPORTANT INFORMATION!!

If you have questions about the agenda, contact Tammie Olson at (805) 549-3140.

Written comments must generally be received prior to the Board meeting by the comment deadline for the specific agenda item. Written comments that are received after deadlines set by item-specific notices and/or hearing procedures will not generally be admitted. Any person requesting to submit late materials must demonstrate good cause, and the Chair must find that the admission of the late materials would not prejudice the Central Coast Water Board or any designated party. The Chair may modify this rule to avoid severe hardship. Unless otherwise specified, all parties and interested persons must submit presentation materials and requests for extra time to speak to the Board for agendized items by 12:00pm on Monday,  November 5, 2018. A late request for extra time will not prevent the party from speaking to the Board for the three minutes given to all members of the public.

Submittals are to be sent via e-mail to the Clerk to the Board at Tammie.Olson@waterboards.ca.gov. Please indicate in the subject line, “11/5-11/6/18 BOARD MEETING (fill in bolded subject from appropriate item).” If you have questions about the agenda, contact the Clerk to the Board at (805) 549-3140.

Agenda and items are available electronically at: https://www.waterboards.ca.gov/centralcoast/board_info/agendas/

Instructions regarding board meeting conduct and procedures can be found on the Central Coast Water Board’s website: https://www.swrcb.ca.gov/centralcoast/board_info/agendas/board_meeting_conduct.pdf

If you require an interpreter, please contact the Clerk of the Board Tammie Olson at (805) 549-3140 or email Tammie.Olson@waterboards.ca.gov by 12:00pm on Monday, October 29, 2018.