|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 our website at|
|The Lahontan Regional Water Quality Control Board (Water Board) is conducting this meeting on Wednesday, September 16, 2020, 9:00 a.m. as:|
|Video and Teleconference Meeting Only|
No Physical Meeting Location
(Authorized by and in furtherance of
Executive Orders N-29-20 and N-33-20.)
|For those who only wish to watch the meeting, the customary webcast remains available at https://cal-span.org/static/meetings-RWQCB-LAHO.php and should be used UNLESS you intend to comment|
For those who wish to comment on an agenda item or are presenting to the Water Board, additional information about participating telephonically or via the remote meeting solution is available here: https://www.waterboards.ca.gov/lahontan/board_info/remote_meeting/.
|General Meeting Information:|
The following items are numbered for identification purposes only and will not necessarily be considered in this order. The meeting will not be called to order prior to the time specified. All Water Board files, exhibits, and agenda materials pertaining to items on this agenda are hereby made a part of the record for the appropriate item.
Comments on individual agenda items are welcome. If you are considering speaking or submitting written materials, please consult the notes at the end of the agenda.
|Adoption of Uncontested Calendar:|
Items denoted by (!) are expected to be routine and non-controversial and will be proposed for the uncontested calendar. The Water Board will act on these items at one time without discussion. If any Water Board member or person requests discussion, the item may be removed from the uncontested calendar to be considered separately. Requests to have an item removed from the uncontested calendar can be made in advance of the meeting by emailing to the Board Clerk at [email protected] or by calling the Water Board’s Executive Officer via her Executive Assistant, Katrina Fleshman at (530) 542-5414.
|REGULAR MEETING: Wednesday, September 16, 2020 at 9:00 a.m.|
| Call to Order and Introductions|
| ||a.||Discussion of Significant Exposure to Litigation. Authority: Government Code section 11126, subdivision (e)(2)(B)(i).|
| ||b.||Discussion to Decide Whether to Initiate Litigation. Authority: Government Code section 11126, subdivision (e)(2)(C)(i).|
| ||c.||To deliberate on a decision to be reached based upon evidence introduced in a hearing. Authority: Government Code section 11126, subdivision (c)(3).|
| ||d.||Discussion of Litigation. Fox Capital Management Corporation v. Lahontan Regional Water Quality Control Board, El Dorado County Superior Court, Case No. SC20170189. Authority: Government Code section 11126, subdivision (e).|
| ||e.||Discussion of Litigation. Seven Springs Limited Partnership v. Lahontan Regional Water Quality Control Board, El Dorado County Superior Court, Case No. SC2018061. Authority: Government Code section 11126, subdivision (e).|
| ||f.||Discussion of Litigation. In re PG&E Corporation, et al., Debtors, Chapter, Case No.19-30088, United States Bankruptcy Court, San Francisco Division. Authority: Government Code section 11126, subdivision (e).|
| ||g.||Discussion of Personnel Matters. Authority: Government Code section 11126, subdivision (a).|
|2.|| Public Forum – A public forum is held at the beginning of each general meeting where persons may speak on matters within the Water Board’s jurisdiction that are not related to a specific agenda item or currently pending before the Water Board. Comments regarding pending or impending adjudicatory matters will not be allowed.|
|3.|| Minutes – The Water Board will consider adopting the minutes of the Regular Meeting of June 10, 2020.|
|4.|| Reports by Water Board Chair and Water Board Members – The Water Board members will provide updates to the Water Board and public on events and activities of interest.|
|5.|| Executive Officer’s Report – The Acting Executive Officer will provide an update to the Water Board and public on key actions and activities in the Lahontan region, including the items below. This is an informational item and no formal action is requested, though Water Board members may give direction to staff. (Mike Plaziak).|
| ||a.||Notification of Spills (Pursuant to Water Code section 13271, and Health and Safety Code section 25180.7)|
|6.|| Proposed Amendment to The Water Quality Control Plan for The Lahontan Region (Basin Plan) Adding Definitions for Three New Beneficial Uses - Tribal Tradition and Culture (CUL), Tribal Subsistence Fishing (T-SUB), and Subsistence Fishing (SUB) – The Water Board will consider a proposed Resolution adopting an amendment to the Basin Plan to incorporate the definitions for the three new beneficial uses of CUL, T-SUB, and SUB. This amendment is a first step toward completing a Basin Plan Triennial Review priority to protect Tribal cultural practices and traditional uses of waters by California Native American Tribes, subsistence fishing by California Native American Tribes, and subsistence fishing by other communities and individuals. (Cindy Wise)|
|7.|| Clean Water Funding Programs – The Water Board will be given an overview of the various water quality and drinking water financial assistance programs provided by the State Water Board’s Division of Financial Assistance. This is an informational item and no formal action is requested, though the Water Board members may give direction to staff. (Leslie Laudon)|
| ||1At any time during the regular session, the Water Board may adjourn to a closed session to consider litigation, personnel matters, or to deliberate on a decision to be reached based upon the evidence introduced in the hearing. Discussion of litigation is within the attorney-client privilege and may be held in closed session. Authority: Government Code section 11126, subdivisions (a), (c)(3) and (e).|