Caption Options
Larger


Viewing Issues? Click here.


Audio Only



Presentations
Streaming Video Home Page
Click Here to Start

STATE OF CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION

Wednesday, May 11, 2022 – 9:00 a.m.

San Diego Regional Water Quality Control Board
Board Meeting Room
2375 Northside Drive, Suite 108
San Diego, California 92108
And via Video and Teleconference (for public commenters)

Video and Teleconference Option: This meeting will occur with both a physical meeting location and an option for the public to participate from a remote location.
 

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.

1 Versión en español disponible en
https://www.waterboards.ca.gov/sandiego/board_info/agendas/.

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: March 9, 2022.
 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.Waste Discharge Requirement Rescission: Rescission of Order No. 94-48, Waste Discharge Requirements for SKP Incorporated, SKP Educational Resort of Southern California, Riverside County (Tentative Order No. R9-2022-0012). (Brandon Bushnell)
INFORMATIONAL ITEM
 4.San Diego River Watershed Update Part 1: Mission Valley USPS Annex Property Multi-Agency Clean-Up Effort (Dave Gibson, Laurie Walsh)
 5.San Diego River Watershed Update Part 2: The San Diego River Park Foundation update on its Healthy Waters Initiative in the headwaters and Trash-Free Campaign in the lower river. (David Gibson)
 6.San Diego River Watershed Update Part 3: The San Diego River Conservancy update on its efforts to preserve, restore, and enhance the San Diego River Area. (David Gibson)
 7.San Diego River Watershed Update Part 4: Update on the status of Investigative Order No. R9-2019-0014An Order Directing the City of San Diego, the City of Santee, the City of El Cajon, the City of La Mesa, the County of San Diego, the San Diego County Sanitation District, the Padre Dam Municipal Water District, the Ramona Municipal Water District, San Diego State University, the Metropolitan Transit System, and the California Department of Transportation to Submit Technical and Monitoring Reports to Identify and Quantify the Sources and Transport Pathways of Human Fecal Material to the Lower San Diego River WatershedDiscussion during this item will be limited to the matters presented in the informational report and no action will be taken(James Smith)
BOARD MEMBER REQUESTS
 8.Future Agenda Items: Recommended Course of Action and Estimated Staff Hours to Address Action Items from the March 2022 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
 9.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, (filed 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, (filed 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 CommissionUnited 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-cv-02050-JM-LL (filed September 4, 2018). (David Gibson)
  j.United States of America v. California Regional Water Quality Control Board, San Diego Region; David W. Gibson, in his official capacity as Executive Officer of the Regional Water Quality Control Board, San Diego Region; State of California Water Resources Control Board; and E. Joaquin Esquivel, in his official capacity as State Water Resources Control Board Chair, Complaint for Declaratory and Injunctive Relief, United States District Court for the Southern District of California, Case No. 3:21-cv-01749-GPC-AGS, filed October 8, 2021. (Vincent Vu)
  k.United States of America v. California Regional Water Quality Control Board, San Diego Region, David W. Gibson, in his official capacity as Executive Officer of the “Regional” Water Quality Control Board, San Diego Region, State of California Water Resources Control Board, and E. Joaquin Esquivel, in his official capacity as State Water Resources Control Board Chair, Petition for Writ of Mandate, San Diego County Superior Court, Case No. 37-2021-00043908-CU-WM-CTL, filed October 8, 2010. (Vincent Vu)
  Petitions for Review Pending Before the State Water Board:2
 l.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)
   
 10.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)
 11.Administrative Civil Liability Complaint No. R9-2020-0006 (ACLC). ACLC against Baldwin & Sons, Inc. et al., Portola Center South Construction Site. The San Diego Water Board may meet in closed session to deliberate on a decision to be reached in this matter [Authorized under Government Code §11126(c)(3)]. (Lori Okun, Vincent Vu)
 12.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)].
 13.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)].
 
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 Vincent Vu at [email protected] or 916-323-5669 for more information.
 
DIRECTIONS TO MEETING
From Downtown:
Green Line light rail towards Santee to Fenton Parkway Station. Walk to 2375 Northside Drive (about 9 minutes). Head northwest on Fenton Parkway to Northside Drive. Right on Northside Drive.

I-15 north – take the Friars Road West exit (toward Qualcomm Stadium) – follow signs to stay on Friars Road. Turn left onto Northside Drive. Turn left at first signal (Fenton Marketplace Drwy). Our building is located at the end of the court – veer to the left into the parking structure. Parking will be validated for the parking structure.



From the North:
Pacific Surfliner Train 572 towards San Diego Santa Fe Depot. Walk to San Diego Old Town Transit Center (about 1 minute). Green Line light rail towards Santee to Fenton Parkway Station. Walk to 2375 Northside Drive (about 9 minutes). Head northwest on Fenton Parkway to Northside Drive. Right on Northside

Drive. I-15 south – take the Friars Road West exit – follow signs to stay on Friars Road. Turn left onto Northside Drive. Turn left at first signal (Fenton Marketplace Drwy). Our building is located at the end of the court – veer to the left into the parking structure. Parking will be validated for the parking structure

IMPORTANT INFORMATION
Unless otherwise specified, submittal of written comments must be received by 5:00 p.m. on Tuesday, May 3, 2022, 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, May 3, 2022, 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.