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April 29, 1999 Minutes
STATE WATER RESOURCES CONTROL BOARD
BOARD MEETING MINUTES
April 29, 1999

Note: Copies of the orders, decisions, and resolutions mentioned in these minutes can be obtained from Maureen Marché, State Water Resources Control Board, Post Office Box 100, Sacramento, California, 95812-0100; or call (916) 657-0990.

CALL TO ORDER
The meeting was called to order by James M. Stubchaer, Chairman, April 29, 1999, at 9:00 a.m., in the First-Floor Hearing Room, 901 "P" Street, Sacramento, California.

BOARD MEMBERS PRESENT
James M. Stubchaer, Mary Jane Forster and John W. Brown.

BOARD MEMBERS ABSENT
None.

STAFF PRESENT
Walt Pettit, Dale Claypoole, William R. Attwater, Maureen Marché, Sheila K. Vassey, Michael Lauffer.

OTHERS PRESENT
Kenneth Ehrlich, Hugo Neu-Proler Company; Jorge Leon, Los Angeles Regional Water Quality Control Board; John Lormon, Int'l Longshore & Warehouse Union.

PRESENTATION OF AWARDS
Superior Accomplishment Awards presented to: Cynthia Paulo, Division of Administrative Services; Shahla Farahnak, Clean Water Program; Bill Van Dyck, Division Water Resources
Superior Accomplishment Team Award presented to: Division of Water Quality, Delta Trubutary/NPS Analyst Team of Jean Ladyman (Team Leader), Kathy Alameda, Pamela Parker, Ronnie Vasconcellos and Sallie Freeman.

Cal/EPA Customer Service Awards presented to: Debbie Irvin, Office of Legislative and Public Affairs and Echo Bolin, Office of Statewide Consistency.

PUBLIC FORUM
No one addressed the Board.

MINUTES
The minutes of the March 3 and 18, 1999 Board Meetings were unanimously approved.

UNCONTESTED ITEMS
The Board unanimously approved Items 1-12.

ADMINISTRATION
1. Consideration of a Proposed Resolution Authorizing the Executive Director to Execute an Interagency Agreement With the Regents of the University of California to Conduct Water Quality Research and Monitoring at Lake Tahoe.

Motion: The Board unanimously adopted the proposed resolution approving the agreement. Resolution 99-029 2.  Consideration of a Proposed Resolution Authorizing the Executive Director to Negotiate and Amend the Student Assistant Contract With the Trustees of the California State University.

        Motion: The Board unanimously adopted the proposed resolution. Resolution 99-030

WATER RIGHTS
3. Consideration of a Proposed Resolution Updating the Delegation of Authority to the Board Members Individually, to the Executive Director, and to the Chief, Division of Water Rights on Matters Related to the Administration of Water Rights.

Motion: The Board unanimously adopted the proposed resolution. Resolution 99-031

CLEAN WATER PROGRAMS
4. Consideration of Approval of Amendment to the State Revolving Fund Loan Contracts Between the State Water Resources Control Board and the City of Cloverdale and the SWRCB and Padre Dam Municipal Water District to Modify Provisions Regarding Submittal of Project Performance Certification Reports.

Motion: The Board unanimously adopted the proposed resolution approving the amendment.
Resolution 99-032

5. Consideration of Approval of a $2.5 Million State Grant, Provided by the 1998-1999 Chaptered Budget Act, for Construction of the City of Mendota Wastewater Collection and Treatment Improvement Project

Motion: The Board unanimously adopted the proposed resolution approving the grant.
Resolution 99-033

6.  Consideration of Approval of a State Revolving Fund Loan for the Santa Ana Watershed Project Authority, Temescal Valley Regional Interceptor, SRF Loan Project No. C-06-4452-100.

Motion: The Board unanimously adopted the proposed resolution approving the loan.
Resolution 99-034

7.  Consideration of Proposed Resolution Amending the Underground Storage Tank (UST) Cleanup Fund Priority List Amendment No. 62.

Motion: The Board unanimously adopted the proposed resolution approving the amendment.
Resolution 99-035

CLEAN WATER PROGRAMS PETITION
8. In the Matter of the Petitions of Hollis Rodgers and Emily Van Nuys Trust, J. Benton Van Nuys Trust, and Kate Van Nuys Page Trust for Review of Final Decisions by the Division of Clean Water Programs Regarding Participation in the Underground Storage Tank Cleanup Fund. SWRCB Files UST-116 and UST-130

Motion: The Board unanimously adopted the proposed order which finds that the petitioners are
eligible to file claims against the cleanup fund. Water Quality Order 99-02-UST

WATER QUALITY
9. Consideration of Approval of a Resolution to Provide a State Revolving Fund Loan of $34 Million Over Five Fiscal Years to the Napa County Flood Control and Water Conservation District for the Napa River/Napa Creek Flood Protection and Estuary Restoration Project.

Motion: The Board unanimously adopted the proposed resolution approving the loan.
Resolution 99-036

10. Consideration of a Proposed Resolution Authorizing the Executive Director to Negotiate, Executive, and Amend, as Necessary, an Interagency Agreement with the Department of Fish and Game to Continue Operation of the Coastal Fish Contamination Study in Fiscal Year 1999-00.

Motion: The Board unanimously adopted the proposed resolution approving the agreement.
Resolution 99-037

11.  Consideration of a Proposed Resolution Authorizing the Executive Director to Negotiate, Execute, and Amend, as Necessary, an Interagency Agreement With the Department of Fish and Game to Continue Operation of the Toxic Substances Monitoring Program and the State Mussel Watch Program in Fiscal Years 1999-00, 2000-01, and 2001-02.

Motion: The Board unanimously adopted the proposed resolution approving the agreement.
Resolution 99-038

12.  Consideration of a Resolution Authorizing the Executive Director or his Designee to Apply for and Accept Fiscal Year (FY) 1999-00 Clean Water Act Section 106 and Section 104(B)(3) Water Pollution Control Program Grants, Plus any Carry-Over FY 1998-99 Grant Funds, and to Negotiate, Approve, and/or Amend the Grants and the Workplans.

Motion: The Board unanimously adopted the proposed resolution. Resolution 99-039

13.  In the Matter of the Petition of International Longshore and Warehouse Union for Review of Failure to Act by the California Regional Water Quality Control Board, Los Angeles Region. SWRCB File A-1183.

Sheila K. Vassey, Office of the Chief Counsel, presented the item recommending approval of the proposed order as revised in response to the workshop discussion.

Messrs. Ehrlich, Lormon and Leon addressed the Board.

Motion: The Board unanimously adopted the proposed order which (l) remands the matter to the Regional Board to conduct an evidentiary hearing no later than August 31, 1999; directs the Regional Board Executive Officer to file a status report with the State Board no later than September 30, 1999, and retains jurisdiction over this matter. Water Quality Order 99-03 BOARD MEMBER REPORTS
No reports were given on behalf of the Board.

EXECUTIVE DIRECTOR'S REPORT
The Executive Director submitted a written report summarizing current significant issues. The Executive Director pointed out several of the issues: (1) $8,000,000 SRF loan issued to the Nature Conservancy; (2) the settlement in the case of the DeMenno matter; (3) the status of the implementation of the Governor's Excutive Order on MTBE; and (4) the increase in Water Right Compliance and Enforcement activities since receiving funds from the 1998-99 budget.

ADJOURNMENT
The Chairman adjourned the meeting at 10:15 a.m.

STATE WATER RESOURCES CONTROL BOARD
BOARD MEETING MINUTES
April 29, 1999

Note: Copies of the orders, decisions, and resolutions mentioned in these minutes can be obtained from Maureen Marché, State Water Resources Control Board, Post Office Box 100, Sacramento, California, 95812-0100; or call (916) 657-0990.

CALL TO ORDER
The meeting was called to order by James M. Stubchaer, Chairman, April 29, 1999, at 9:00 a.m., in the First-Floor Hearing Room, 901 "P" Street, Sacramento, California.

BOARD MEMBERS PRESENT
James M. Stubchaer, Mary Jane Forster and John W. Brown.

BOARD MEMBERS ABSENT
None.

STAFF PRESENT
Walt Pettit, Dale Claypoole, William R. Attwater, Maureen Marché, Sheila K. Vassey, Michael Lauffer.

OTHERS PRESENT
Kenneth Ehrlich, Hugo Neu-Proler Company; Jorge Leon, Los Angeles Regional Water Quality Control Board; John Lormon, Int\'l Longshore & Warehouse Union.

PRESENTATION OF AWARDS
Superior Accomplishment Awards presented to: Cynthia Paulo, Division of Administrative Services; Shahla Farahnak, Clean Water Program; Bill Van Dyck, Division Water Resources
Superior Accomplishment Team Award presented to: Division of Water Quality, Delta Trubutary/NPS Analyst Team of Jean Ladyman (Team Leader), Kathy Alameda, Pamela Parker, Ronnie Vasconcellos and Sallie Freeman.

Cal/EPA Customer Service Awards presented to: Debbie Irvin, Office of Legislative and Public Affairs and Echo Bolin, Office of Statewide Consistency.

PUBLIC FORUM
No one addressed the Board.

MINUTES
The minutes of the March 3 and 18, 1999 Board Meetings were unanimously approved.

UNCONTESTED ITEMS
The Board unanimously approved Items 1-12.

ADMINISTRATION
1. Consideration of a Proposed Resolution Authorizing the Executive Director to Execute an Interagency Agreement With the Regents of the University of California to Conduct Water Quality Research and Monitoring at Lake Tahoe.

Motion: The Board unanimously adopted the proposed resolution approving the agreement. Resolution 99-029 2.  Consideration of a Proposed Resolution Authorizing the Executive Director to Negotiate and Amend the Student Assistant Contract With the Trustees of the California State University.

        Motion: The Board unanimously adopted the proposed resolution. Resolution 99-030

WATER RIGHTS
3. Consideration of a Proposed Resolution Updating the Delegation of Authority to the Board Members Individually, to the Executive Director, and to the Chief, Division of Water Rights on Matters Related to the Administration of Water Rights.

Motion: The Board unanimously adopted the proposed resolution. Resolution 99-031

CLEAN WATER PROGRAMS
4. Consideration of Approval of Amendment to the State Revolving Fund Loan Contracts Between the State Water Resources Control Board and the City of Cloverdale and the SWRCB and Padre Dam Municipal Water District to Modify Provisions Regarding Submittal of Project Performance Certification Reports.

Motion: The Board unanimously adopted the proposed resolution approving the amendment.
Resolution 99-032

5. Consideration of Approval of a $2.5 Million State Grant, Provided by the 1998-1999 Chaptered Budget Act, for Construction of the City of Mendota Wastewater Collection and Treatment Improvement Project

Motion: The Board unanimously adopted the proposed resolution approving the grant.
Resolution 99-033

6.  Consideration of Approval of a State Revolving Fund Loan for the Santa Ana Watershed Project Authority, Temescal Valley Regional Interceptor, SRF Loan Project No. C-06-4452-100.

Motion: The Board unanimously adopted the proposed resolution approving the loan.
Resolution 99-034

7.  Consideration of Proposed Resolution Amending the Underground Storage Tank (UST) Cleanup Fund Priority List Amendment No. 62.

Motion: The Board unanimously adopted the proposed resolution approving the amendment.
Resolution 99-035

CLEAN WATER PROGRAMS PETITION
8. In the Matter of the Petitions of Hollis Rodgers and Emily Van Nuys Trust, J. Benton Van Nuys Trust, and Kate Van Nuys Page Trust for Review of Final Decisions by the Division of Clean Water Programs Regarding Participation in the Underground Storage Tank Cleanup Fund. SWRCB Files UST-116 and UST-130

Motion: The Board unanimously adopted the proposed order which finds that the petitioners are
eligible to file claims against the cleanup fund. Water Quality Order 99-02-UST

WATER QUALITY
9. Consideration of Approval of a Resolution to Provide a State Revolving Fund Loan of $34 Million Over Five Fiscal Years to the Napa County Flood Control and Water Conservation District for the Napa River/Napa Creek Flood Protection and Estuary Restoration Project.

Motion: The Board unanimously adopted the proposed resolution approving the loan.
Resolution 99-036

10. Consideration of a Proposed Resolution Authorizing the Executive Director to Negotiate, Executive, and Amend, as Necessary, an Interagency Agreement with the Department of Fish and Game to Continue Operation of the Coastal Fish Contamination Study in Fiscal Year 1999-00.

Motion: The Board unanimously adopted the proposed resolution approving the agreement.
Resolution 99-037

11.  Consideration of a Proposed Resolution Authorizing the Executive Director to Negotiate, Execute, and Amend, as Necessary, an Interagency Agreement With the Department of Fish and Game to Continue Operation of the Toxic Substances Monitoring Program and the State Mussel Watch Program in Fiscal Years 1999-00, 2000-01, and 2001-02.

Motion: The Board unanimously adopted the proposed resolution approving the agreement.
Resolution 99-038

12.  Consideration of a Resolution Authorizing the Executive Director or his Designee to Apply for and Accept Fiscal Year (FY) 1999-00 Clean Water Act Section 106 and Section 104(B)(3) Water Pollution Control Program Grants, Plus any Carry-Over FY 1998-99 Grant Funds, and to Negotiate, Approve, and/or Amend the Grants and the Workplans.

Motion: The Board unanimously adopted the proposed resolution. Resolution 99-039

13.  In the Matter of the Petition of International Longshore and Warehouse Union for Review of Failure to Act by the California Regional Water Quality Control Board, Los Angeles Region. SWRCB File A-1183.

Sheila K. Vassey, Office of the Chief Counsel, presented the item recommending approval of the proposed order as revised in response to the workshop discussion.

Messrs. Ehrlich, Lormon and Leon addressed the Board.

Motion: The Board unanimously adopted the proposed order which (l) remands the matter to the Regional Board to conduct an evidentiary hearing no later than August 31, 1999; directs the Regional Board Executive Officer to file a status report with the State Board no later than September 30, 1999, and retains jurisdiction over this matter. Water Quality Order 99-03 BOARD MEMBER REPORTS
No reports were given on behalf of the Board.

EXECUTIVE DIRECTOR's REPORT
The Executive Director submitted a written report summarizing current significant issues. The Executive Director pointed out several of the issues: (1) $8,000,000 SRF loan issued to the Nature Conservancy; (2) the settlement in the case of the DeMenno matter; (3) the status of the implementation of the Governor's Excutive Order on MTBE; and (4) the increase in Water Right Compliance and Enforcement activities since receiving funds from the 1998-99 budget.

ADJOURNMENT
The Chairman adjourned the meeting at 10:15 a.m.

 
 

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