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STATE OF CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION

Wednesday, September 8, 2021 – 9:00 a.m.

No Physical Meeting Location - Webcast Only

(Authorized by and in furtherance
of Executive Order
N-08-21.)

Video and Teleconference Meeting During COVID-19 Emergency: As a result of the COVID-19 emergency and the Governor’s Executive Order allowing a transition to customary open meeting requirements, this meeting will occur solely via remote presence.

For those who only wish to watch the meeting, the webcast is available at https://www.calspan.org, and should be used UNLESS you intend to comment.

Additional information about participating telephonically or via the remote meeting solution is available here:
https://www.waterboards.ca.gov/sandiego/board_info/remote_meeting/.


For those who wish to comment on an agenda item or present to the Board, please register to participate here:
https://us02web.zoom.us/webinar/register/WN_URKXc6leRkWdOV6t8t4Q2A.
 
 
REVISED MEETING NOTICE AND AGENDA1

BOARD MEETING
Public comments on agenda items will be limited to 3 minutes or otherwise at the discretion of the Board Chair

DECLARATION OF A QUORUM
Celeste Cantú, Chair; Betty H. Olson, Ph.D., Vice Chair; Henry Abarbanel, Ph.D., Board Member; Eric Anderson, Board Member; Megan Blair, Board Member; Gary Strawn, Board Member; Stefanie Warren, Board Member.
     
PUBLIC FORUM
Any member of the public may address and ask questions of the Board relating to any matter within the San Diego Water Board’s jurisdiction, provided the matter is not on the agenda or pending before the San Diego Water Board.
     
     
BOARD BUSINESS
     
  1. The Board will consider adoption of the following Board Meeting Minutes: August 11, 2021.
     
  2. Chair’s, Board Members’, State Board Liaison’s, and Executive Officer’s Reports.
     
CONSENT CALENDAR

*Items on the consent calendar may be removed at the request of any Board member or person. If an item is removed from the uncontested items calendar, it will only be voted on at this meeting if the Board accepts the staff recommendation for the agenda item. Otherwise, the item will be continued to a subsequent board meeting to allow input by interested persons.
       
  3. Rescission of Order No. 93-013, Waste Discharge Requirements for the Warner Springs Ranch Resort, Warner Springs Ranch Wastewater Treatment Plant, San Diego County (Tentative Order No. R9-2021-0150). (Chehreh Komeylyan)
     
ACTION ITEMS
       
  4. Waste Discharge Requirements Issuance: Waste Discharge Requirements for the City of San Diego Maple Canyon Project, Phase 1: Storm Drain Improvements (Tentative Order No. R9-2021-0168). (Jill Harris)
  5. Waste Discharge Requirements Issuance: Waste Discharge Requirements for the City of San Diego Maple Canyon Project, Phase 2: Stream Rehabilitation and Restoration (Tentative Order No. R9-2021-0169). (Jill Harris)
  6. Tentative Resolution in Support of the San Diego Water Board Practical Vision Update (Tentative Resolution No. R9-2021-0007) (David Gibson)

INFORMATIONAL ITEMS
     
  7. Aliso Creek Mouth Restoration Project Update. THIS ITEM HAS BEEN POSTPONED UNTIL DECEMBER 2021. (Eric Becker)
  8. Update on San Diego River Conservancy and San Diego Water Board Coordination. (David Gibson)
  9. Water Quality Coordinating Committee (WQCC) Discussion. (David Gibson)
 
BOARD MEMBER REQUESTS
       
  10. Future Agenda Items: Recommended Course of Action and Estimated Staff Hours to Address Action Items from the August 2021 Board Meeting. In addition, Board Members may discuss items for possible inclusion on future agendas. (Kelly Dorsey)
       
CLOSED SESSIONS
Closed Sessions are not open to the Public
         
  11. Discussion of Ongoing Litigation [Authorized under Government Code §11126, subd. (e)]. The San Diego Water Board may meet in closed session to discuss ongoing litigation for the following cases:
     
  Civil Actions (Judicial and Administrative, other than Petitions for Review filed with the State Water Board)
   
    a. In re: Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2007-001, (NPDES No. CAS0108758) Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, the San Diego Unified Port District, and the San Diego County Regional Airport Authority adopted on January 24, 2007. Test Claim filed by San Diego County, et al., with Commission on State Mandates, No. 07-TC-09 (filed June 2008). (Catherine George Hagan)

    b. State of California Department of Finance, State Water Resources Control Board, and California Regional Water Quality Control Board, San Diego Region v. Commission on State Mandates. Petition for Writ of Administrative Mandamus. Sacramento County Superior Court, Case No. 34-2010-80000604 (filed July 2010). (Catherine George Hagan)

    c. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2009-0002, (NPDES No. CAS0108740) Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of Orange, the Incorporated Cities of the County of Orange, and the Orange County Flood Control District adopted on December 16, 2009. Test Claim filed by County of Orange, et al., with Commission on State Mandates, No. 10-TC-11 (filed June 2011). (Catherine George Hagan)

    d. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2010-0016 (NPDES No. CAS0108766) adopted November 10, 2010, County of Riverside, Riverside County Flood Control and Water Conservation District, and the Cities of Murrieta, Temecula, and Wildomar, Co-Claimants, filed with Commission on State Mandates, No. 11-TC-03 (filed November 2011). (Catherine George Hagan)

    e. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2013-0001 (Regional MS4 Permit) filed with Commission on State Mandates by County of San Diego. (San Diego Region Water Permit – County of San Diego, Test Claim No. 14-TC-03 (filed June 2015). (Catherine George Hagan)

    f. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2013-0001 as amended by Order No. R9-2015 0001 and Order No. R9-2015-0100 (Regional MS4 Permit) filed with the Commission on State Mandates by Orange County Copermittees, Test Claim No. 15-TC-02 (filed June 2016). (Catherine George Hagan)

    g. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2015-0100, Provisions A.4, B.2, B.3.a, B.3.b, B.4, B.6, D.1.c(6), D.2.a(2), D.3, D.4, E.3.c(2), E.3.c(3), E.3.d, E.5.a, E.5.c(1)(a), E.5.c(2)(a), E.5.c(3), E.5.e, E.6, F.1.a, F.2.a, F.2.b, F.2.c, F.3.b(3), and F.3.c. 16-TC-05, County of Riverside, Riverside County Flood Control and Water Conservation District, and the Cities of Murrieta, Temecula, and Wildomar, Co-Claimants, filed with Commission on State Mandates, (June 2017). (Catherine George Hagan)

    h. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2017-0077, Sections A.1, A.3, and A.5, 17-TC-05, City of San Juan Capistrano and County of San Diego, Claimants, filed with the Commission on State Mandates, (June 2017). (Catherine George Hagan)

    i. People of the State of California, Ex. Rel. the Regional Water Quality Control Board, San Diego Region v. International Boundary and Water Commission, United States Section; Jayne Harkins, in her capacity as Acting Commissioner of the International Boundary and Water Commission, United States Section. Complaint for Declaratory and Injunctive Relief (Clean Water Act 33 U.S.C. §1251 et seq.), United States District Court for the Southern District of California, Case No. 3:18-cv02050-JM-LL, filed September 4, 2018. (David Gibson)

    j. Lockheed Martin Corporation v. California State Water Resources Control Board, Regional Water Quality Control Board, San Diego Region, et al. Verified Petition for Writ of Mandate and Request for Stay, San Diego County Superior Court, Case No. 37-2020-00042976.CU-WM-CTL, filed November 20, 2020. (Catherine George Hagan)
       
  Petitions for Review Pending Before State Water Resources Control Board:2

    k. Petitions of San Diego Coastkeeper and Coastal Environmental Rights Foundation; City of Rancho Santa Margarita; City of Laguna Hills; County of Orange & Orange County Flood Control District; City of Dana Point; City of Laguna Beach; City of Mission Viejo; City of Laguna Niguel; Riverside County Flood Control & Water Conservation District et al.; City of San Clemente; City of San Juan Capistrano; and City of Aliso Viejo (Order No. R9-2015-0100, amending Order No. R9-2013-0001 [NPDES No. CAS 0109266] for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region), SWRCB/OCC FILE A-2456 (a thru I). (Laurie Walsh)
       
  12. Consideration of Initiation of Litigation or Discussion of Significant Exposure to Litigation. The San Diego Water Board may meet in closed session to initiate or consider initiating litigation concerning matters within its jurisdiction or to discuss significant exposure to litigation [Authorized under Government Code §11126(e)]. (David Gibson)
     
  13. Deliberation on a Decision to be Reached Based on Evidence Introduced in a Hearing. The San Diego Water Board may meet in closed session to consider evidence received in an adjudicative hearing and to deliberate on a decision to be reached based upon that evidence [Authorized under Government Code §11126(c)(3)].
       
  14. Personnel. The San Diego Water Board may meet in closed session to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing [Authorized under Government Code §11126(a)].
       
  1Versión en español disponible en
https://www.waterboards.ca.gov/sandiego/board_info/agendas/.
   
  2 Petitions for review of San Diego Water Board actions or inactions filed with the State Water Board being held in abeyance by the State Water Board are generally not listed in the agenda. The titles of these matters are available at the San Diego Water Board. Please contact Catherine George Hagan at [email protected] or 619-521-3012 for more information.
 
       
IMPORTANT INFORMATION
       
      Unless otherwise specified, submittal of written comments must be received by 5:00 p.m. on Tuesday, August 31, 2021, and should indicate the agenda item to which it is applicable. If the submitted written material is more than 5 pages or contains foldouts, color graphics, and/or maps, two copies must be submitted. Written material submitted after 5:00 p.m. on Tuesday, August 31, 2021 may not be provided to the Board members and may not be considered by the San Diego Regional Water Quality Control Board (See Note D, attached to this Notice).

Agenda and items will be available electronically at:
https://www.waterboards.ca.gov/sandiego/board_info/agendas/

      Video broadcast of meetings will be available at:
http://cal-span.org.
         
      Follow the Board Meeting on Twitter:
https://www.twitter.com/SDWaterBoard/
         
      The San Diego Water Board’s use of Twitter is a courtesy and is for informational purposes only. It is not always reliable and is not a substitute for personal attendance at a Board meeting.