STATE WATER RESOURCES CONTROL BOARD

WORKSHOP SESSION – OFFICE OF CHIEF COUNSEL

APRIL 5, 2000

ITEM:9

SUBJECT: In the Matter of the PETITION OF DOUBLE WOOD INVESTMENT, INC. FOR RECONSIDERATION OF THE EXECUTIVE DIRECTOR’S DENIAL OF WATER QUALITY CERTIFICATION FOR DOUBLE WOOD GOLF COURSE; SWRCB/OCC FILE C-017

DISCUSSION:On March 5, 1999, the Executive Director of the State Water Resources Control Board (SWRCB) denied water quality certification pursuant to Section 401 of the Clean Water Act for the proposed Double Wood Golf Course in Fremont, California.Double Wood Investment, Inc., filed a petition for reconsideration with the SWRCB, and also requested that the SWRCB refer the matter to mediation.The mediation commenced with four designated parties: the Executive Director, Double Wood Investment, the City of Fremont, and the Citizens Committee to Complete the Refuge.The parties selected Judge Daniel Weinstein as the mediator.The parties engaged in several meetings and conducted three public mediation sessions in Fremont.The mediation has now concluded with the issuance of the attached consensus Mediator’s Report.As provided in the Mediator’s Report, the parties succeeded in defining the major issues in the mediation, but were unable to reach a consensus on most of the issues.Now that the mediation has concluded, the SWRCB will move forward to act on the underlying petition for reconsideration.Due to the pending retirement of the Executive Director, this status report has been scheduled to present the Mediator’s Report and to provide the Executive Director an opportunity to comment on the issues raised by the petition for reconsideration prior to his retirement.The public has also been advised that they will have a brief opportunity to comment, as well.The parties and the public have been advised that, pursuant to the laws regarding mediation, written or oral communications made during the course of the mediation are not admissible before the SWRCB without the consent of the designated parties.

POLICY ISSUE:None.This is a status report.

FISCAL IMPACT:None

RWQCB IMPACT:None

STAFF RECOMMENDATION:Receive the Mediator’s Report and take brief comments from the Executive Director and the public.

Attachments in Word 6.0:March 24, 2000 Report of Mediator; February 29, 2000 letter to Steven H. Blum from Alan Reeves; and March 17, 2000 letter to Alan Reeves from Steven Blum