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Notice of Public Meeting 
Thursday, April 11, 2019 
9:00 a.m.

Meeting Location:
City of Culver City
(Council Chambers) 
9770 Culver Boulevard
Culver City, California 90232


Agenda
The Los Angeles Regional Board strives to conduct an accessible, orderly, and fair meeting. The Chair of the Board will conduct the meeting and establish appropriate rules and time limitations for each agenda item. The Board will only act on items designated as action items. Action items on the agenda are staff proposals and may be modified by the Board as a result of public comment or Board member input. Additional information about Board meeting procedures is included after the last agenda item. 

Generally, the Board accepts oral comments at the meeting on agenda items and accepts written materials regarding agenda items in advance of the meeting. For some items requiring public hearings, written materials and oral comments will be accepted only according to the procedures set forth in a previously issued public notice for the agenda item. To ensure a fair hearing and that the Board Members have an opportunity to fully study and consider written material, unless stated otherwise, written materials must be provided to the Executive Officer not later than 5:00 p.m. on March 28, 2019. Please consult the agenda item description because certain items may have an earlier deadline for written submissions. If you are considering submitting written materials, please consult the notes at the end of the agenda. Failure to follow the required procedures may result in your materials being excluded from the administrative record; however, failure to timely submit written materials does not preclude a person from testifying before the Board.

If a person intends to use a PowerPoint presentation or other visual aids, you must contact Ronji Moffett, (213) 576-6612, at the Regional Board at least 48 hours prior to the meeting to arrange for equipment use and be prepared to load any PowerPoint presentation on the computer prior to the meeting to assure the orderly conduct of the meeting. 

*Public comments on agenda items will be limited to 3 minutes unless directed otherwise by the Board Chair or previously approved by the Executive Officer in writing.

Note:
INTRODUCTORY ITEMS
1. Roll Call.
2. Order of Agenda. Note that the agenda items are numbered for identification purposes only and may not necessarily be considered in this order.
3.
 Approval of draft meeting Minutes for the March 14, 2019 meeting[Ronji Moffett,(213) 576-6612]
 Motion and Vote 
4. Board Member Communications.
 4. a.Ex Parte Disclosure. Board Members will identify any discussions they may have had requiring disclosure pursuant to Government Code section 11430.40.
 4. b.Board Member Reports. The Board Members may discuss communications, correspondence, or other items of general interest relating to matters within the Board's jurisdiction
BOARD BUSINESS AND REPORTS
5.Executive Officer's Report. [Deborah Smith, (213) 576-6605]
6. Update from State Board.[Sean Maguire]
PUBLIC FORUM
7. Any person may address the Board regarding any matter within the Board's jurisdiction provided the matter does not appear elsewhere on this agenda, has not been scheduled to appear on a future agenda, and is not expected to be imminently scheduled for the Board's consideration.
 UNCONTESTED ITEMS
 
(Items marked with an asterisk are expected to be routine and noncontroversial. The Board will be asked to approve these items at one time without discussion. Any Board member or person may request that an item be removed from the uncontested calendar. If an item is removed from the uncontested calendar, it will only be voted on at this meeting if the Board accepts the staff recommendation for the item. Otherwise, the item will be continued to a future meeting to allow input by interested persons.)
 Motion and Vote 
 Waste Discharge Requirements and Water Recycling Requirements
Amendment -
*8.Consideration of tentative amendment of Waste Discharge Requirements and Water Recycling Requirements for the City of Oxnard (Groundwater Recovery, Enhancement, and Treatment Program Non-Potable Reuse Phase I Program), Oxnard; (Comment submittal deadline was March 13, 2019). [ Elizabeth Erickson, (213) 576-6665]
 Non-NPDES State Discharge Requirements
Termination-
*9.Consideration of termination of Waste Discharge Requirements for Lower Azusa Reclamation Project; File No. 86-061. (Comment submittal deadline was February 11, 2019) [Wen Yang, (213) 620-2253]
 Termination-
*10.Consideration of termination of Waste Discharge Requirements for Azusa Soil Recycling Facility; File No. 94-080. (Comment submittal deadline was February 11, 2019) [Douglas Cross, (213) 620-2246]
 Termination-
*11.Consideration of termination of Individual Waste Discharge Requirements issued todischargers identified as Phase I properties in the Malibu Civic Center onsite wastewater disposal system (OWDS) discharge prohibition area. (Comment submittal deadline was April 2, 2019) [Dr. Don Tsai, (213) 620-2264]
 11.1Malibu Colony Plaza, Order No. 00-182 (File No. 00-065),
 11.2Malibu Village Plaza, Order No. 01-010 (File No. 00-066),
 11.3Malibu Country Mart III, Order No. R4- 2002-0196 (File No. 00-074),
 11.4Malibu Country Mart I, Order No. R4- 2003-0029 (File No.00-075),
 11.5Malibu Country Mart II, Order No. R4-2003-0031 (File No. 76-041),
 11.6Malibu Lumber at L egacy Park, Order No. R4- 2008-0211 (File No. 02-058), and
 11.7La Paz Ranch Onsite Wastewater Treatment System and Water Recycling Facility Order No. R4-2015-0118 (File No. 08-010).
INFORMATION ITEM
 (This matter is for informational purposes only. The Board will take no action on this Item).
12. Informational update on the status of the Malibu Civic Center Wastewater Treatment Facility operation and the progress on Malibu Memorandum of Understanding (MOU)Phase II implementation for Malibu Onsite Wastewater Disposal System Prohibition, City of Malibu.(Presented by Ms. Reva Feldman, City Manager of City of Malibu.) [Dr. DonTsai, (213) 620-2264]
13. Information update on compliance with requirement to submit the infrastructure design for recycled water delivery from the Santa Paula Water Recycling Facility contained in Cease and Desist Order No. R4-2018-0023; File No. 06-189(Presented by Mr. Clete Saunier, Public Works Director, City of Santa Paula) [Dr.Don Tsai, (213) 620-2264] (This matter was continued from the March 14, 2019 meeting.)
WORKSHOP
14. Public workshop continuing the process to issue a regional municipal separate stormsewer system (MS4) permit for Phase I MS4 permittees in Los Angeles and Ventura counties (Regional Permit). This workshop will focus on the cost of permit implementation and potential funding strategies for implementation of the Regional Permit. Los Angeles County staff will give a presentation on the recent voter approved Safe Clean Water Program (Measure W). There will be additional presentations on cost and funding issues by permittees and other stakeholders. Other interested persons will have the opportunity to make oral comments. (The Board may provide input to staff on permit development; however, no action or voting will take place at this workshop.) [Jenny Newman, (213) 576-6622; Ivar Ridgeway, (213) 620-2150]
CLOSED SESSION
15.As authorized by Government Code section 11126, the Regional Board will be meeting in closed session. Closed session items are not open to the public. Items the Board may discuss include the items below. [Tamarin Austin (TA) (916) 341-5171; [Jennifer Fordyce (JF) (916) 324-6682; David Coupe (DC) (510) 622-2306; Sophie Froelich (SF) (916) 319-8557]; Adriana Nuez (AN) (916) 322-3313

Litigation filed against the Los Angeles Regional Water Quality Control Board (Gov. Code, § 11126, subd. (e)(2)(A).):
 15.1Balcom Ranch v. State Water Resources Control Board and Los Angeles Regional Water Quality Control BoardVentura County Superior Court, Case No. 56-2012-00419048-CU-MC-VTA [Challenging assessment of administrative civil liability in Order on Complaint No. R4-2010-0023]. (DC)
 15.2City of Duarte v. State Water Resources Control Board and Los Angeles Regional Water Quality Control BoardOrange County Superior Court, Case No.30-2016-00833614-CU-WM-CJC [Challenging the Los Angeles County MS4 Permit, Order No. R4-2012-0175]. (JF)
 15.3Natural Resources Defense Council and Los Angeles Waterkeeper v. State Water Resources Control Board and Los Angeles Regional Water Quality Control Board, California Court of Appeal, Second District, Case No. B282016 [Challenging the Los Angeles County MS4 Permit, Order No. R4-2012-0175]. (JF)
 15.4City of Gardena v. Los Angeles Regional Water Quality Control Board and State Water Resources Control BoardOrange County Superior Court, Case No. 30-2016-00833722-CU-WM-CJC [Challenging the Los Angeles County MS4 Permit, Order No. R4-2012-0175]. (JF)
 15.5Wayne Fishback v. Michael D. Antonovich et al., United States District Court for the Central District of California, Case No. 2:15-cv-05719 [Seeking preliminary injunction, alleging violations of procedural and substantive due process and other claims for relief]. (DC)
 15.6Tesoro Refining & Marketing Company LLC and Tesoro SoCal Pipeline Company LLC v. Los Angeles Regional Water Quality Control BoardCalifornia Court of Appeal, Second District, Case No. B288889 [Challenging issuance of Cleanup and Abatement Order No. R4-2013-0064]. (JF)
 15.7Fishback et al. v. County of Los Angeles et al.Los Angeles County Superior Court, Case No. PC056481 [Alleging violations of procedural and substantive due process, violations of the state and federal takings clauses, and other claims for relief]. (DC)
 15.8Los Angeles Waterkeeper v. California State Water Resources Control Board and Los Angeles Regional Water Quality Control BoardLos Angeles County Superior Court, Case Number BS171009 [Challenging issuance of NPDES Permit Order No. R4-2017-0064 (Burbank Water Reclamation Plant)]. (DC)
 15.9Los Angeles Waterkeeper v. California State Water Resources Control Board and Los Angeles Regional Water Quality Control Board, Los Angeles County Superior Court, Case Number BS171010 [Challenging issuance of NPDES Permit Order No. R4-2017-0063 (Los Angeles-Glendale Water Reclamation Plant)]. (DC)
 15.10Los Angeles Waterkeeper v. California State Water Resources Control Board and Los Angeles Regional Water Quality Control BoardLos Angeles County Superior Court, Case Number BS171011 [Challenging issuance of NPDES Permit Order No. R4-2017-0062 (Donald C. Tillman Water Reclamation Plant)] (DC)
 15.11Los Angeles Waterkeeper v. California State Water Resources Control BoardLos Angeles Superior Court, Case Number BS171012 [Challenging issuance of NPDES Permit No. R4-2017-0045 (Hyperion Treatment Plant)]. (DC)
 15.12Barclay Hollander Corporation v. California State Water Resources Control BoardLos Angeles Region, California Court of Appeal, Second District, Case No. B284182 [Challenging issuance of Cleanup and Abatement Order No. R4-2011-046]. (DC)
 15.13Wishtoyo Foundation v. State Water Resources Control Board et. al., CaliforniaCourt of Appeal, Second District, Case No. 285271 [Challenging issuance of waste discharge requirements/water reclamation requirements, Order No. R4-2011-0079-A01 (City of Oxnard)]. (DC)
 15.14H.K. Malt, LLC v. Los Angeles Regional Water Quality Control Board, Deborah Smith, Executive Officer, and DOES 1-25, inclusiveLos Angeles County Superior Court, Case No. BS172040 [Challenging issuance of Cleanup and Abatement Order No. R4-2017-0080]. (SNF)
 15.15CraneVeyor Corporation v. California Regional Water Quality Control BoardLos Angeles Region, Los Angeles County Superior Court, Case No. 18STCP02611 [Challenging Order No. R4-2018-0032 issued pursuant to Water Code section 13267]. (AN)
 15.16General Electric Real Estate Equities, Inc. v. Regional Water Quality Control Board, Los Angeles Superior CourtCase No. TBD [Challenging issuance of Cleanup and Abatement Order No. R4-2017-0075]. (TA)
 15.17General Electric Real Estate Equities, Inc. v. Regional Water Quality Control Board, Los Angeles Superior CourtCase No. TBD [Challenging issuance of Cleanup and Abatement Order No. R4-2017-0075]. (TA)
 Litigation filed by the Los Angeles Regional Water Quality Control Board against other parties (Gov. Code, § 11126, subd. (e)(2)(A).):
 15.18State Department of Finance, State Water Resources Control Board and Los Angeles Regional Water Quality Control Board v. Commission on State Mandates, Los Angeles County Superior Court, Case No. BS13070 [Challenging the Commission's decision that portions of the 2001 Los Angeles County MS4 permit created unfunded state mandates]. (JF)
 15.19California Regional Water Quality Control Board, Los Angeles Region v. San-Cheng Lai; Lai Circuits, Inc.; John Doe, Personal Representative of San-Cheng Lai's Estate; The Estate of San-Cheng Lai; Coast United Advertising, Inc., Doing Business as Coast United Property Management; and Does 2-20Los Angeles Superior Court, Case No. BC707671 and related actions [seeking injunctive relief to enforce compliance with Cleanup and Abatement Order No. R4-2015-0129 and civil liability for violations of California Water Code section 13304]. (SNF)
 Petitions for Review of Los Angeles Regional Water Quality Control Board actions filed with the State Water Resources Control Board (Gov. Code, § 11126, subd. (e)(2)(A).):
 15.20In re: Petition of Natural Resources Defense Council, Los Angeles Waterkeeper, and Heal the Bay for Review of Executive Officer's Action to Conditionally Approve nine WMPs Pursuant to the 2012 MS4 PermitSWRCB/OCC File A-2386 [Challenging the Executive Officer's approval, with conditions, of nine Watershed Management Programs (WMPs) pursuant to the Los Angeles County MS4 Permit, Order No. R4-2012-0175]. (JF)
 15.21In re: Petition of Los Angeles Waterkeeper and NRDC for Review of Executive Officer's Action to Approve the North Santa Monica Bay EWMP, SWRCB/OCC File A-2477 [Challenging the Executive Officer's approval of the North Santa Monica Bay EWMP pursuant to the Los Angeles County MS4 Permit, Order No. R4-2012-0175]. (JF)
 15.22In re: Petition of Natural Resources Defense Council and Los Angeles Waterkeeper for Review of Los Angeles Regional Water Quality Control Board's September 7 Vote to Take No Further Action to Review Executive Officer's Approval of the North Santa Monica Bay Enhanced Watershed Management Program Pursuant to the L.A. County MS4 Permit, SWRCB/OCC File A-2508 [Challenging the Regional Board's decision to not review the Executive Officer's approval of the North Santa Monica Bay EWMP pursuant to the Los Angeles County MS4 Permit Order No. R4-2012-0175]. (JF)
 Test Claims filed with the Commission on State Mandates (Gov. Code, § 11126, subd. (e)(2)(A).):
 15.23In re: Los Angeles Region Water Permit  Ventura CountyCommission on State Mandate Test Claim No. 110-TC-01 [Regarding a test claim filed by Ventura County Watershed Protection District and the County of Ventura alleging that portions of Order No. R4-2010-0108 created unfunded state mandates]. (JF)
 15.24In re: Los Angeles Region Water Permit  Cities of Los Angeles County, Commission on State Mandate Test Claim No. 13-TC-01 [Regarding a test claim filed by several cities within Los Angeles County alleging that portions of Order No. R4-2012-0175 created unfunded state mandates]. (JF)
 15.25In re: Los Angeles Region Water Permit  County of Los AngelesCommission on State Mandate Test Claim No. 13-TC-02 [Regarding a test claim by the County of Los Angeles and Los Angeles County Flood Control District alleging that portions of Order No. R4-2012-0175 created unfunded state mandates]. (JF)
 Other matters:
 15.26Consultation with counsel about:
  (a)A matter which, based on existing facts and circumstances, presents significant exposure to litigation against the Regional Board (Government Code section (Gov. Code, § 11126, subd. (e)(2)(B).); (TA/SNF/AN) or
  (b)A matter which, based on existing facts and circumstances, the Regional Board is deciding whether to initiate litigation (Gov. Code, § 11126, subd. (e)(2)(C).) (TA/SNF/AN)
  (b.1)In re City of Maywood [to consider matters pertaining to whether to initiate litigation and seek relief for alleged violations of State Water Resources Control Board Order No. 2006-0003-DWQ, following referral to the California Attorney General's Office on March 8, 2018, Resolution R18-001]. (SNF)
 15.27Consideration of the appointment, employment, or evaluation of performance about a public employee. (Gov. Code, § 11126, subd. (a).) (TA/SNF/AN)
16.Adjournment of current meeting(The next regular meeting of the Board will be held on May 9, 2019 at the City of Malibu, Council Chambers, located at 23825 Stuart Ranch Road, Malibu, California 90265, beginning at 9:00 a.m.
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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 http://www.waterboards.ca.gov/losangeles/laws_regulations/). 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 an 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.
 
Procedures: The Regional Board follows procedures established by the State Water Resources Control Board. These procedures are established in regulations commencing with section 647 of title 23 of the California Code of Regulations. The Chair may establish specific procedures for each item, and consistent with section 648, subdivision (d) of title 23 of the California Code of Regulations may waive nonstatutory provisions of the regulations. Generally, all witnesses testifying before the Regional Board must affirm the truth of their testimony and are subject to questioning by the Board Members. The Board does not, generally, require the designation of parties, the prior identification of witnesses, or the cross examination of witnesses. Generally, speakers are allowed three minutes for comments. Any requests for an alternate hearing process, such as requesting additional time to make a presentation, should be made to the Executive Officer in advance of the meeting, and under no circumstances later than 5:00 p.m. on the Thursday preceding the Board meeting. The provisions of this paragraph shall be deemed superseded to the extent that they are contradicted by a hearing notice specific to an agenda item
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Written Submissions: Written materials (whether hand-delivered, mailed, e-mailed, or facsimiled) must be received prior to the relevant deadline established in the agenda and public notice for an item. If the submitted material is more than 10 pages or contains foldouts, color graphics, maps, or similar items, 12 copies must be submitted prior to the relevant deadline.

Failure to comply with requirements for written submissions is grounds for the Chair to refuse to admit the proposed written comment or exhibit into evidence. (Cal. Code Regs., tit. 23, § 648.4, sub. (e).) The Chair may refuse to admit written testimony into evidence unless the proponent can demonstrate why he or she was unable to submit the material on time or that compliance with the deadline would otherwise create a hardship. In an adjudicatory matter, where there is a showing of prejudice to any party or the Board from admission of the written testimony, the Chair may refuse to admit it
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Administrative RecordMaterial presented to the Board as part of testimony that is to be made part of the record must be left with the Board. This includes photographs, slides, charts, diagrams, etc. All Board files pertaining to the items on this Agenda are hereby made a part of the record submitted to the Regional Board by staff for its consideration prior to action on the related items.
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Accessibility: Individuals requiring special accommodations or language needs should contact Rosie Villar at (213) 576-6630 or rvillar@waterboards.ca.gov at least ten working days prior to the meeting. TTY/TDD Speech-to-Speech users may dial 7-1-1 for the California Relay Service.
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Availability of Complete Agenda Package: A copy of the complete agenda package is available for examination at the Regional Board Office during regular working hours (8:00 a.m. to 5:00 p.m. Monday through Friday) beginning 10 days before the Board meeting. Questions about specific items on the agenda should be directed to the staff person whose name is listed with the item.
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Continuance of Items: The Board will endeavor to consider all matters listed on this agenda. However, time may not allow the Board to hear all matters listed. Matters not heard at this meeting may be carried over to the next Board meeting or to a future Board meeting. Parties will be notified in writing of the rescheduling of their item. Please contact the Regional Board staff to find out about rescheduled items.
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Challenging Regional Board Actions: Pursuant to Water Code section 13320, any aggrieved person may file a petition to seek review by the State Water Resources Control Board of most actions taken by the Regional Board. A petition must be received within 30 days of the action. Petitions must be sent to State Water Resources Control Board, Office of Chief Counsel; Attn: Phil Wyels, Assistant Chief Counsel; 1001 “I” Street, 22nd Floor; Sacramento, CA 95814