NOTICE
OF PUBLIC MEETING
CENTRAL
COAST REGIONAL WATER QUALITY CONTROL BOARD
Friday,
July 12, 2013 9:00 a.m. – 1:00 p.m.
Watsonville
City Council Chambers
275
Main Street, 4th Floor, Watsonville, CA 95076
Friday, July 12, 2013, 9:00 a.m.
Administrative Items
16.
Roll Call [Michael Thomas, Assistant Executive
Officer].................. Board
Members Present
17. Public Forum..................................................................................................... Board
Direction
[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 (the Thursday before a Thursday meeting). Comments
regarding matters that are scheduled for a future meeting will be restricted.]
Watershed Management and Planning
18. Post Construction Stormwater
Requirements for Phase II Municipalities...……Resolution No. R3-2013-0032
Closed Session
19. Discussion of Cases in Litigation Closed Session
[Staff Counsel Jessica Jahr and/or Sr. Staff Counsel Frances McChesney]
The Board will
meet in closed session to discuss pending litigation, as authorized by
Government Code (GC) Section 11126[e][2][A], in the cases listed under item 14.
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............................................................. Closed
Session
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............................................................................................... Closed
Session
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, subd. (a)(1).)
Adjournment
The next scheduled Board meeting will be in Santa
Barbara on September 5-6, 2013.
The Board meeting will conclude no later than 1:00
p.m. Any listed agenda item that is not addressed by 1:00 p.m. on the second
day of a two-day meeting will be addressed at a subsequent meeting.
UPCOMING CENTRAL COAST WATER BOARD MEETINGS
|
Date |
City |
Address |
|
July 11-12, 2013 |
Watsonville |
Watsonville City Council Chambers 275 Main Street, 4th Floor Watsonville |
|
September 12-13, 2013 |
Santa Barbara |
Santa Barbara County Offices Supervisors Board Hearing Room, Fourth
Floor 105 East Anapamu Street Santa Barbara |
|
October TBD, 2013 |
San Luis Obispo |
Central Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis
Obispo |
|
December 5-6, 2013 |
San Luis Obispo |
Central Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis
Obispo |
LEAD STAFF PERSONS
Kenneth A. Harris
Jr., Interim Executive Officer 805-549-3140
Michael Thomas, Assistant Executive Officer/Ombudsman 805-542-4623
Cyndee Jones, Regional Administrative Officer 805-549-3372
Frances McChesney, Senior Staff Counsel 916-341-5174
Jessica Jahr, Staff Counsel 916-341-5168
Harvey Packard, Section
Manager/Aquatic Habitat 805-542-4639
Lisa Horowitz McCann, Section Mgr. /Watershed Planning &
Protection 805-549-3132
John Robertson, Section Manager/Groundwater Protection 805-542-4630
Sheila Soderberg, NPDES
Permits/Dept. of Defense Program 805-549-3592
Thea Tryon, Land Disposal/Site Cleanup Program 805-542-4776
Chris Adair, Underground Tanks/Cleanup/WDR Permits 805-549-3761
Chris Rose, TMDLs/Non-point Source 805-542-4770
Phil Hammer, Storm
Water//401Water Quality Certification 805-549-3882
Angela Schroeter, Agricultural Regulatory Program/Basin
Planning 805-542-4644
Karen Worcester, Regional Monitoring/Basin Planning 805-549-3333
Alison Jones, Non-point Source
Program 805-542-4646
Please email, send, or fax correspondence to:
Central
Coast Water Board
895 Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906
Phone: 805-549-3147 Fax: 805-543-0397
Email: centralcoast@waterboards.ca.gov
CENTRAL
COAST WATER BOARD MEMBERS
|
Board Member |
Appointment Category |
Term Expires
|
|
Jean-Pierre Wolff Vice Chair San Luis Obispo |
|
9/30/2015 |
|
Monica S. Hunter Los Osos |
Public |
9/30/2016 |
|
Russell M. Jeffries Salinas |
|
9/30/2014 |
|
Michael Jordan Santa Barbara |
|
9/30/2014 |
|
Jeffrey S. Young Chair, Santa
Barbara |
|
9/30/2013 |
|
Bruce Delgado Marina |
|
9/30/2013 |
|
Michael Johnston Watsonville |
|
9/30/15 |
CONDUCT OF MEETING AND HEARING PROCEDURES
A - The primary duty of the Central Coast Water
Board is to protect the quality of waters within the Region for all beneficial
uses. This duty is implemented by
formulating and adopting water quality plans for specific ground or surface
water basins and by prescribing and enforcing requirements on all domestic,
municipal, and industrial waste discharges.
Specific responsibilities and procedures of the Regional Water Quality
Control Boards and the State Water Resources Control Board are set forth in the
Porter-Cologne Water Quality Act Division 7 of the California Water Code.
B - The purpose of the meeting is for the Board
to obtain input from concerned and affected persons and make decisions after
considering the recommendations made by the Executive Officer. The Board will vote only on matters listed on
the agenda as action items. The Board
may give direction to the Executive Officer on any matter discussed during the
meeting.
C - Agenda items are numbered for identification purposes and will not
necessarily be considered in the order listed.
D - Ex Parte
Communications: An ex parte communication is a communication to a board member
from any person, about a pending matter, that occurs in the absence of other
parties and without notice and opportunity for them to respond. The California
Government Code prohibits the board members from engaging in ex parte
communications during permitting, enforcement, and other “quasi-adjudicatory”
matters. Ex parte communications are allowed on pending general orders (such as
general waste discharge requirements, general waivers, and general Clean Water
Act section 401 water quality certifications) subject to the disclosure requirements of Water Code section 13287 (for
further information and disclosure forms, please visit
All ex parte communications must be
completed prior to 14 days before the Board meeting. The Regional Board discourages ex parte
communications during rulemaking and other “quasi-legislative” proceedings. The
ex parte rules are intended to provide fairness, and to ensure that the board’s
decisions are transparent, based on the evidence in the administrative record,
and that evidence is used only if stakeholders have had the opportunity to hear
and respond to it. Ex parte rules do not prevent anyone from providing
information to the water boards or requesting that the water boards take a
particular action. They simply require that the information come into the
record through proper channels during a duly noticed, public meeting. A board
member who has engaged or been engaged in a prohibited ex parte communication
will be required to publicly disclose the communication on the record and may
be disqualified from participating in the proceeding. For more information,
please look at the ex parte questions and answers document found at
www.waterboards.ca.gov/laws_regulations/docs/exparte.pdf.
E - RULES FOR LATE SUBMISSION OF WRITTEN
MATERIALS: This paragraph applies only
if there are no deadlines for written evidence, testimony or comments in a
separate hearing notice for an item.
Written material received after the due date on the first page of the
agenda and before noon on the Monday of board meeting week generally will not
be provided to Board members until the day of the meeting, but will become part
of the record unless the Chair rules that the late submission would prejudice
the Central Coast Water Board staff or any party. Written material received after noon on the
Monday of board meeting week will not be provided to Board members or become part
of the record, unless the Chair approves the late submission. The Chair will not approve a late submission
if doing so would prejudice any party (including Central Coast Water Board
staff) or the Board, but may modify this rule if a party demonstrates severe
hardship. The Chair will rule at or
before the hearing. Late submissions
that consist of evidence (as opposed to policy statements or comments) will
generally be deemed prejudicial unless all designated parties (see below) have
time to consider the evidence before the meeting.
F - The Board and staff welcome information on
pertinent issues, but comments at the meeting should be brief and directed to
specifics of the case to enable the Board to take the appropriate action. Lengthy testimony should be presented to the
Board in writing and only a summary of pertinent points presented
verbally. In order to give everyone an
opportunity to be heard, comments should have been previously submitted in
writing and a time limit on presentations may be imposed on any agenda
item. Speakers should plan to summarize
key points within three minutes. You
will need to receive approval from the Chair prior to meetings to speak for longer
than three minutes. Please make your
request to the Executive Officer at least one week before the meeting.
G - Material presented to the Board, as part of testimony (e.g.,
photographs, slides, charts, diagrams, etc.) must be left with the Assistant
Executive Officer, Michael Thomas.
Photographs or slides of large exhibits are acceptable. If you plan to use visual aids such as
PowerPoint, contact the Central Coast Water Board staff prior to the meeting to
arrange for equipment set-up. You must
provide a printed or electronic copy of any PowerPoint presentation. All Board files, exhibits, and agenda
material pertaining to items on this agenda are hereby part of the record.
H - BOARD MEETING PRINCIPLES AND CONDUCT: Any person who appears before the Board has
an obligation not to act abusively or discourteously. Zealous representation of your interest, or
the interest of a person or organization you represent, should be carried out
in a professional manner. Speakers
should not engage in derogatory conduct based on race, national origin,
religion, gender, sexual orientation, or similar characteristics of any
person. Speakers should always be civil
and courteous when communicating with Board members, staff, or other interested
persons. All speakers should be punctual
and prepared for all Board meeting appearances so that all matters may start on
time and proceed efficiently. The Board
will not delay proceedings to accommodate late arrivals. The same
considerations apply to members of the audience who choose not to address the
Board.
The Board may refuse to allow any
person who engages in discourteous or disruptive conduct to speak. In the event that any person or group
intentionally interrupts the orderly conduct of a meeting, the Board can have
the person or group removed from the meeting.
In the event that order cannot
be restored by the removal of individuals who are interrupting the meeting, the
Board may order the meeting room cleared and continue in session. (Gov. Code § 11126.5.) The Board may place reasonable
limitations on taking still or video photographs or using placards or signage
if these disrupt the meeting.
The
Board may also issue contempt sanctions in adjudicatory proceedings. "Adjudicatory proceedings" include
all permitting, cleanup and enforcement matters, but do not include basin
planning. Any person is subject to the
contempt sanction in an adjudicatory proceeding, whether or not the person is a
"party" to the matter. The
Board can issue contempt citations for the following conduct: obstruction or interruption of the meeting or
hearing by any of the following: (1) disorderly, contemptuous, or insolent
behavior toward the Board; (2) breach of the peace, boisterous conduct, or
violent disturbance; or (3) other unlawful interference with the process or
proceedings. Conduct that is not in the
Boardroom but that is near the meeting or hearing can also give rise to
contempt sanctions. (Ca. Gov. Code
sections 11455.10-11455.30; Ca. Code of Civ. Proc. section 128.5; Cal. Code of
Regs, tit. 23, sections 648(b), 648.8.)
If the Board decides to impose contempt sanctions, the
process is as follows. The Board first
makes findings that a person should be cited for contempt. The findings are then referred to a
court. The court will issue an order to
the person(s) involved to appear before the court and defend the contempt
charge. The court then may issue the
same types of contempt penalties that would apply in a civil court trial, or
dismiss the matter. In addition, the
Board can order payment of attorney’s fees when any person engages in bad faith
actions or tactics that are "frivolous" or solely intended to cause
unnecessary delay. In that case, the
person engaging in the improper conduct must pay the attorney’s fees of any
party that result from the conduct.
"Frivolous" means totally and completely without merit, or for
the sole purpose of harassing another party (including Water Board staff). An order to pay attorney’s fees takes effect
immediately, does not require court action, and cannot be petitioned to the
State Water Board.
Public participation is very important to the
Board. Members of the public should not
be afraid to comment on matters before the Board, even if they do not fully
understand the applicable law. However,
public participation is hampered by an individual’s or a group’s disruptive
conduct. It is not the intent of the
Board to use its contempt powers (including attorney’s fee orders) before
providing a warning and allowing an opportunity to correct the conduct and
avoid contempt proceedings. Additional
information on Board meeting conduct is available on our website:
https://www.waterboards.ca.gov/centralcoast/resources/docs/board_meeting_conduct.pdf
I - HEARING RULES FOR CONTESTED HEARINGS IN ADJUDICATORY MATTERS
(WASTE DISCHARGE OR WATER RECYCLING REQUIREMENTS, NPDES PERMITS, ADMINISTRATIVE
CIVIL LIABILITY ORDERS AND INVESTIGATION OR ENFORCEMENT ORDERS [CWC §§ 13267,
13300-13308, 13383]: This section
applies unless there are different requirements in a hearing notice for an
item. Designated parties may request
these procedures: to call and examine witnesses; to have witnesses testify
under oath; to receive a witness list from other designated parties; to
introduce exhibits; to cross-examine opposing witnesses; to impeach any
witness; to rebut the evidence against him or her; and to make opening or
closing statements. A request for these
hearing procedures must be received by the Executive Officer at least five
working days before the hearing, and must specify the procedures the designated
party is requesting.
Designated parties are any persons named in the proposed
order. Central Coast Water Board staff is a designated party for administrative
civil liability complaints, and for cease and desist orders that establish
monetary liability and that are not issued concurrently with waste discharge
requirements. All other persons wishing
to testify or provide comments are interested persons and not designated
parties. Such interested persons may
request status as a designated party for purposes of an item by submitting such
request in writing to the Central Coast Water Board no later than two weeks
after the draft order is available for public comment. The request must explain the basis for status
as a designated party and, in particular, how the person is directly affected
by the discharge.
J - The Board Chair may specify a time limit for oral presentations
and testimony. Board members may interrupt a presentation with questions or
comments. The time for Board member
questions and witnesses’ answers will not count toward the time limit for a
presentation. In order for presentations
to be fully understood, presenters must use a rate of speaking comparable to
what is acceptable to a court reporter.
Please do not race through presentations faster than a normal, clear
speech pattern.
K - A copy of the procedures governing Water Board meetings may be
found at Title 23, California Code of Regulations, Section 647 et seq., and is
available upon request. Hearings before
the Central Coast Water Board are conducted pursuant to Government Code
sections 11400 et seq. but not Government Code sections 11500 et seq. The Chair may waive any procedural statutes
or regulations that are not required by the United States or California
Constitutions.
L - All Board files, exhibits, and agenda material pertaining to
items on this agenda are hereby part of the record.
M - Any person affected adversely by a decision of the Board, may
petition the State Water Resources Control Board (State Water Board) according
to Water Code section 13320 and Title 23 California Code of Regulations section
2050. The Petition should be addressed
to Office of Chief Counsel and must be received by the State Water Board
within 30 days of the Board’s action or failure to act (i.e., the meeting
date). Copies of the law and regulations
applicable to filing petitions will be provided upon request and are available
on the State Water Board website, www.waterboards.ca.gov
N - The facility is accessible to people with disabilities. Individuals who require special
accommodations are requested to contact John Goni (805/542-4628) at least seven
working days prior to the meeting. TTY
users may contact the California Relay Service at 1-800-735-2929 or voice line
at 1-800-735-2922.
O - All persons who actively support or oppose the adoption of waste
discharge requirements or an NPDES permit pending before the Central Coast
Water Board must submit a statement to the Board disclosing any contributions
of $100 or more to be used in a federal, state, or local election, made by the
action supporter or opponent, or his or her agent within the last 12 months to
any Central Coast Water Board Member.
P - All
permit applicants or persons who actively support or oppose adoption of a set
of waste discharge requirements or an NPDES permit pending before the Central
Coast Water Board, are prohibited from making a contribution of $100 (or more)
to any Board Member for three months following a Central Coast Water Board
decision on the permit application.
Q - The
Board may conduct any scheduled hearing as a Panel Hearing as allowed by law in
the event of a lack of a Board member quorum.
In the event that a Panel Hearing is held, final action on that item
will not be taken until a Board member quorum is present. The Board generally will not accept
additional public comment or testimony after the Panel Hearing, unless the
proposed order is substantially changed.
(Water Code Section 13228.14, gov. Code Section 11125.7)
Watsonville City Council Chambers
275 Main Street – 4th Floor
Watsonville, CA
