September 20-21, 2018 Board Agenda

NOTICE OF PUBLIC MEETING
Thursday, September 20, 2018, 9:00 a.m. – 5:00 p.m.
Friday, September 21, 2018, 9:00 a.m. – 5:00 p.m.

Agenda in English | Agenda en Español

Watsonville City Council Chambers
275 Main Street - 4th Floor (New Building)
Watsonville

Thursday, September 20, 2018, 9:00 a.m.

Items are numbered for identification purposes only and may be considered out of order. Items scheduled for the first day of a multi-day meeting may be delayed or continued to the next day of the meeting. Closed session items may be considered on either or both days. PDF version of this web page

BOARD BUSINESS

1. Roll Call - Audio

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

2. Introductions, Staff Recognition, and Awards - Audio

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

3. Approval of June 28-29, 2018, Board Meeting minutes - Audio


4. Report by Regional Board Members - Audio


5. Blank
   

Discussion/Information Items

1. Agricultural Order 4.0 Stakeholder Panel Discussions

   [Chris Rose, 805\542-4770, chris.rose@waterboards.ca.gov]

   There will be several panels and speakers for this item followed by an opportunity for public comment.  The item will begin on Thursday and continue through Friday. Thursday’s panelists represent agricultural interests. Friday’s panelists represent environmental and environmental justice interests. Opportunity for public comment is provided on both Thursday and Friday following panel discussions.

   STAFF REPORT
   Attachment 1: Day One Agricultural Panels
   Attachment 2: Day Two Environmental Panel

    

   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.

   Staff introduction: Audio Day One Introduction, Presentation

   The following panel and discussions are anticipated on Thursday:

   1. Agricultural Panel: several panelists, including growers, associations and technical assistance providers will provide discussion on the following: Agricultural Panel Presentation
      1. Farm Management Considerations - Audio
         1. Food Safety
            • Scott Horsfall (Leafy Green Handlers Marketing Agreement);
            • Joe Pezzini (Ocean Mist Farms);
            • Dan Sutton (Pismo Oceano Vegetable Exchange)
         2. General Farm Management
            • Joe Pezzini (Ocean Mist Farms)
      
      
      2. Nutrient, Irrigation (Audio) and Pesticide Management - Audio
         • David Costa (Costa Family Farms);
         • Jim Stolberg (Maverick Farming);
         • Steve McIntyre (McIntyre Vineyards);
         • Jocelyn Bridson (Rio Farms);
         • Jackie Vasquez (Sundance Berry Farms);
         • Mark Mason (Huntington Farms);
         • Tim Borel (Blanco Farms);
         • Joel Wiley (Wilbur Ellis);
         • A.J. Cisney (Rancho Guadalupe)
      
      
      3. Generating Meaningful Data & Balancing Level of Detail with Reporting Burden - Audio
         • Claire Wineman (Grower-Shipper Assoc. S. Barbara & San Luis Obispo Counties);
         • Abby Taylor Silva (Grower-Shipper Assoc. of Central California);
         • Parry Klassen (Central Coast Groundwater Coalition);
         • George Adam (Grower, Innovative Produce)
      
      
      4. Looking Forward/Summations - Audio
         • Kirk Schmidt (Sustainable Agricultural Water Corporation);
         • Abby Taylor Silva (Grower-Shipper Assoc. of Central California);
         • Parry Klassen (Central Coast Groundwater Coalition);
         • Jason Sharrett (CA Strawberry Commission);
         • Norm Groot (Monterey County Farm Bureau)

Public Forum

1. Public forum will be heard directly after the lunch break, not before 1:30 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. - Audio

Friday, September 21, 2018, 9:00 a.m.

BOARD BUSINESS

8. Roll Call / Introductions - Audio

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

9. Report by State Water Resources Control Board Liaison - Audio

   [Dorene D’Adamo, 916/341-5609]

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. - Audio

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] There will be several panels and speakers for this item followed by an opportunity for public comment.
   
   

   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.

   Staff introduction: Audio Day Two Introduction,
   

   The following panel and discussions are expected on Friday:

   1. See Item 6 on Thursday
   
   
   2. Environmental Advocate Panel: Water Quality Protection and How to Achieve It - Audio , Presentation
      • Steve Shimek - Executive Director, The Otter Project and Monterey Coastkeeper;
      • Ben Pitterle - Watershed and Marine Program Director, Santa Barbara Channelkeeper;
      • Sean Bothwell - Acting Executive Director, California Coastkeeper Alliance,
   
   
   3. Creeklands Conservation for People, Ag and Wildlife: Habitat Enhancement in Agricultural Land Use Areas - Audio, Presentation
      • Stephnie Wald – Watershed Projects Manager, Central Coast Salmon Enhancement,
   
   
   4. Environmental Justice Advocates Panel: Environmental Justice Implications and Recommendations for Ag Order 4.0 - Audio, Presentation
      • Horacio Amezquita, San Jerardo Cooperative;
      • Marisol Aguilar, California Rural Legal Assistance;
      • Deborah Ores, Community Water Center;
      • Nathaniel Kane, Environmental Law Foundation;
      • Helen Kang, Golden Gate University School of Law Environmental Law and Justice Clinic;
      • May Nguyen, The Environmental Justice Coalition for Water,
   
   
   5. Agricultural/Environmental Partnerships for Improving Water Quality: Partnerships to Achieve Goals - Audio, Presentation
      • Abigail Hart, The Nature Conservancy,

Administrative Items

11. Executive Officer’s Report - Audio

    [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: Table 6 – Agricultural Order 4.0 Components

Closed Session

12. 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 November 8-9, 2018, in San Luis Obispo.