September 10-11, 2020 Board Agenda

NOTICE OF PUBLIC MEETING

Thursday, September 10, 2020, 8:00 a.m.
Friday, September 11, 2020, 8:00 a.m.

Note: this meeting is the first part of a four-day workshop, split between two meetings, focused on Draft Agricultural Order 4.0. The second part of this workshop will occur on the first two days of the September 23-25 public meeting.

Video and Teleconference Meeting Only
No Physical Meeting Location
(Authorized by and in furtherance of
Executive Orders N-29-20 and N-33-20.)


Video and Teleconference Meeting During COVID-19 Emergency: As a result of the COVID-19 emergency and the Governor’s Executive Orders to protect public health by limiting public gatherings and requiring social distancing, this meeting will occur solely via remote presence. Links for the meeting, including a phone call option, will be posted on https://www.waterboards.ca.gov/centralcoast/board_info/agendas/2020/2020_agendas.html.

For those who only wish to watch the meeting, the customary webcast remains available at https://cal-span.org/static/index.php and should be used UNLESS you intend to comment.

Please note, oral public comment for this meeting will be limited to item 3 and there will be no general public comment forum during this meeting.  Oral public comment on item 3 will occur on September 11th following a stakeholder workshop panel presentation forum; it is currently anticipated that public comment will occur after 1:00 pm. Individuals and organizations providing comment in the form of the panel presentations (i.e., panelists) will not be allowed to provide additional oral comments at this meeting. A general public comment forum (i.e., for issues not on the agenda) will be implemented on September 25th during the follow-up September 23-25 public meeting.

All persons wishing to speak during the workshop on September 10th or 11th, including panelists giving presentations, must complete and submit an electronic comment card by noon Thursday, September 3rd. A significant number of requests to comment are anticipated, and this deadline is intended to allow sufficient time for the Central Coast Water Board to plan for and manage the receipt of oral comments during the meeting, in an effort to ensure everyone wishing to speak has an opportunity to do so. The electronic comment card and instructions are available at the following website along with additional information about participating via the remote meeting solution or telephonically:

https://www.waterboards.ca.gov/centralcoast/board_info/remote_meeting/

Oral public comments are typically limited to 3-minutes per speaker unless otherwise approved by the Board Chair, and the Board Chair may need to adjust the amount of time each speaker has or extend the public comment period to September 23rd to ensure everyone has an opportunity to provide public comment. Where speakers can be grouped by affiliation or interest, such groups are encouraged to select a spokesperson and to not be repetitive. Requests for extra time to provide oral public comment need to be sent to the Clerk to the Board at Tammie.Olson@waterboards.ca.gov by 12:00 noon on Thursday, September 3rd.

 

Agenda in English | Agenda en Español

Thursday, September 10, 2020, 8:00 a.m.

Board Business

  1. Roll Call/Introductions
    [Tammie Olson, Clerk to the Board, 805/549-3140, Tammie.Olson@waterboards.ca.gov]

  2. Introductions Staff Recognition, and Awards
    [Matthew Keeling, Executive Officer, 805/549-3140, Matt.Keeling@waterboards.ca.gov]

Discussion Information Items

  1. Draft Ag Order 4.0 Discussion

    [Elaine Sahl, 805\5424645, Elaine.Sahl@waterboards.ca.gov; Diane Kukol, 805\542-4637, Diane.Kukol@waterboards.ca.gov; Paula Richter, 805\549-3865, Paula.Richter@waterboards.ca.gov]

    This item will begin on September 10 and continue on September 11, 23 and 24. September 10th and 11th will be devoted to stakeholder presentations, public comment and discussion. September 23rd and 24th will be devoted to staff presentation, discussion and board direction.

    An interpreter will be available to translate into Spanish, and to translate statements made in Spanish into English.
    Un intérprete estará disponible para traducir al español y para traducir las declaraciones hechas en español al inglés.


    2. Staff Report: Item 3
      • Draft Ag Order 4.0 Workshop - Requirements, Stakeholder Input, and Board Discussion and Direction summary (English)
      • Taller de Borrador de la Orden Agrícola 4.0, - Requisitos, Aportes de las PartesInteresadas, y Discusión y Dirección de laJunta (Board) summary(spanish)
    • Attachment 1: Key to Requirements in Draft Ag Order 4.0 Documents
    • Attachment 2: List of Commenters
    • Supplemental: Draft Ag Order 4.0 Workshop - Requirements, Stakeholder Input, and Board Discussion and Direction (updated speaker list)

Friday, September 11, 2020, 8:00 a.m.

Board Business

  1. Roll Call/Introductions
    [Tammie Olson, Clerk to the Board, 805/549-3140, Tammie.Olson@waterboards.ca.gov]

  2. Introductions
    [Matthew Keeling, Executive Officer, 805/549-3140, Matt.Keeling@waterboards.ca.gov]

Discussion Information Items

  1. Draft Ag Order 4.0 Discussion

    This item is a continuation of item 3 from Thursday, September 10th.

    An interpreter will be available to translate into Spanish, and to translate statements made in Spanish into English.
    Un intérprete estará disponible para traducir al español y para traducir las declaraciones hechas en español al inglés.

Closed Session

  1. The Board may meet in closed session to consider personnel matters (Gov. Code § 11126 subd. (a)), to deliberate on a decision to be reached based upon evidence introduced in a hearing (Gov. Code § 11126, subd. (c)(3)), or to discuss matters in litigation, including discussion of initiated litigation, significant exposure to litigation, or decisions to initiate litigation (Gov. Code § 11126, subd. (e)). The Board is not required to allow public comment on closed session items. (Gov. Code § 11125.7, subd. (e)).
    [Stephanie Yu, Staff Counsel, 916/341-5157, Stephanie.Yu@waterboards.ca.gov]

    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; Third District Court of Appeal, Case No. C090943)
    2. 2019 Amendments to CAO for Cleanup at Dutch Maid Cleaners, 3323 State Street, Santa Barbara – San Roque Clean Up Fund and Trust U/W of Emil Deloreto v. California Regional Water Quality Control Board, Central Coast Region, et al. (Santa Barbara Superior Court, Anacapa Division, Case No. 20CV00022)

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

    1. Referral to Attorney General concerning Casmalia Hazardous Waste Site Litigation:  United States v. State of California and Related Matters
    2. 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))
    3. United States, et al. v. Plains All American Pipeline, LP, et al. (U.S. District Court, Central District of California, Case No. 2:20-CV-02415)

 

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 12:00 p.m. on Thursday, September 3, 2020. 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, “September 10-11, 2020 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: http://www.swrcb.ca.gov/centralcoast/board_info/agendas/board_meeting_conduct.pdf
If you require an interpreter, please contact the Clerk to the Board Tammie Olson at 805/549-3140 or email Tammie.Olson@waterboards.ca.gov by 12:00 p.m. on Friday, September 4, 2020.