A/GVWC Board of Directors Meeting Minutes, March 8, 2009

AGV Watershed Council

Board of Directors Meeting Minutes

Minutes of March 8, 2009

A meeting of the board of directors of the Atascadero / Green Valley Watershed Council was held on March 8, 2009, at 3942 El Molino Lane in Sebastopol, beginning at 10:10AM. Directors Jean Redus, John Roberts and Bob Burke were present.

Financial Report. John reported that there had been no financial activity over the past month, so the Council's account balance remains unchanged.

Draft EIR for Water Project. John reported on the Sonoma County Water Coalition's proposed written comments on the draft EIR for what is referred to as the "Water Project," proposed by the Sonoma County Water Agency, which can be viewed at
<http://www.scwa.ca.gov/projects/#WaterProjectDraftEIR>http://www.scwa.ca.gov/projects/#WaterProjectDraftEIR
The "Water Project" is a proposal by the Water Agency to draw down an additional 26,000 acre feet of water per year from the Russian River and Lake Sonoma. The Water Coalition has prepared several drafts of a comment letter on the draft EIR, which the directors had reviewed on-line. After discussion, the board authorized John, as the Council's representative at the Water Coalition, to approve the comment letter, as now drafted to reflect the inputs of Stephen Fuller-Rowell, Jane Nielsen and Brock Dolman.

Logo for Council. Subsequent to the last monthly meeting, the board had adopted a new logo created by local artist Molly Eckler, consisting of the acronym AGVWC and a water drop with ripples. To be able to get maximum benefit of the new logo, Bob has reserved for the Council the URL www.agvwc.org. The board would like to replace the unwieldy existing URL (www.atascaderogreenvalleywatershed.net) with the newly registered URL, but decided not to take any concrete action until Zeno, the Council's web master, is able to participate in the discussion. The board approved reimbursing Bob $25.38 for registration of the URL.

Occidental Community Service District's (OCSD) Water Rate Structure. John reported on discussions at the Water Coalition on the rate setting practices of the OCSD. The board expressed concurrence with the goal of setting water rates in a manner best designed to encourage conservation, but decided to abstain at the Water Coalition on this issue until futher research has been done.

Horse Boarding Facility. Jean and John reported on their recent visit to the horse boarding facility in the watershed that is the subject of some complaints by neighboring landowners concerned about dust and run-off of sediment and manure. Members of the board have also met with neighboring landowners and with acquaintances of the owners of the facility, and have spent a considerable number of hours deliberating among themselves the causes of the current dispute and the appropriate response, if any, by the Council.
When disputes that are primarily of an environmental or legal nature, like modifying a stream channel without required permits, come to the attention of the board, especially when the Council is involved early on, the board is usually able to quickly determine the appropriate response by the Council. On the other hand, when the Council learns of a disagreement only after considerable delay, and after there has been a history of unsatisfactory communications between the principals, as appears to be the case here, the issues become more complex and the board's ability to act in a constructive manner is more limited.
The board tries to be always mindful of the limited nature of its expertise and experience. With respect to the dispute involving the horse facility, the board does not purport to speak as an expert. Furthermore, the board recognizes that: (i) it is the stated policy of Sonoma County to "to conserve, protect, enhance, and encourage agricultural operations on agricultural land within the unincorporated area of the county," (ii) the raising of livestock is an agricultural operation, and (iii) horses are generally recognized as constituting livestock. The board believes that the Council should not be, and is not, anti-agriculture. To the contrary, the directors are of the view that responsible agricultural operations are a critical part of what makes our watershed the special place that it is.
Without expressing any opinion on whether this horse facility is boarding an appropriate or an inappropriate number of horses, we have the impression that reduced density would likely result in more persistent vegetation and less bare ground, thereby reducing the impacts of which the neighbors complain, namely, dust and run-off. The board believes that parties more expert than it (perhaps the Board of Supervisors, relying on the expertise of the Planning Commission and other staff) should undertake a study of what limits on density of different kinds of livestock would assure responsible agricultural operations.
The board believes it can serve as a mechanism for further fact-finding in an objective manner, and perhaps as a forum for discussions by the principals, possibly including the relevant authorities. The board will send a personal invitation to each of the known participants in the disagreement to offer its services in this regard.

Map Projects. Jean and John, working on the mapping program, have sent e-mail messages to all fifteen K-8 schools in the watershed, offering a watershed map and an information packet. The schools have been very enthusiastic in their responses. Jean and John will continue with their work on this project.

Water Agency Stream Maintenance Program. Bob referred to an article appearing in today's Press Democrat describing "a stream maintenance [program intended] to provide flood control and, at the same time, manage vegetation for fish habitat and human recreation," and recommended that the Council establish communications with the Water Agency regarding the program to the extent it is applied within the watershed. Invoking the no-good-deed-goes-unpunished axiom, the board asked Bob to undertake this project.

Conflict of Interest at NCRWQCB. John referred to discussions that have been ongoing at the Water Coalition concerning the apparent conflict of interest arising out the fact that the individual who is the executive director of United Winegrowers of Sonoma County, a trade association of grape growers who hold NPDES permits, also serves on the board of the North Coast Regional Water Quality Control Board, notwithstanding the fact that the California Water Code provides that "no person shall be a member of the state board or a regional board if he receives or has received during the previous two years a significant portion of his income directly or indirectly from any person subject to waste discharge requirements." The individual apparently receives more than ten percent of his income from United Winegrowers; however, the Deputy Legal Affairs Secretary of the Governor's Office has concluded that the appointment does not violate California law because the trade association itself is not a permit holder.
Based on the information currently available, it appears to the board that the individual's presence on the NCRWQCB presents a clear conflict of interest and is likely in violation of the law. The board will monitor the actions the Water Coalition may take or recommend on this situation.

The meeting adjourned at 12:20

Respectfully submitted,

Bob Burke
Secretary

AGV Watershed Council	Board of Directors Meeting Minutes
Minutes of March 8, 2009


A meeting of the board of directors of the Atascadero / Green Valley Watershed Council was held on March 8, 2009, at 3942 El Molino Lane in Sebastopol, beginning at 10:10AM. Directors Jean Redus, John Roberts and Bob Burke were present. Financial Report. John reported that there had been no financial activity over the past month, so the Council's account balance remains unchanged. Draft EIR for Water Project. John reported on the Sonoma County Water Coalition's proposed written comments on the draft EIR for what is referred to as the "Water Project," proposed by the Sonoma County Water Agency, which can be viewed at <http://www.scwa.ca.gov/projects/#WaterProjectDraftEIR>http://www.scwa.ca.gov/projects/#WaterProjectDraftEIR The "Water Project" is a proposal by the Water Agency to draw down an additional 26,000 acre feet of water per year from the Russian River and Lake Sonoma. The Water Coalition has prepared several drafts of a comment letter on the draft EIR, which the directors had reviewed on-line. After discussion, the board authorized John, as the Council's representative at the Water Coalition, to approve the comment letter, as now drafted to reflect the inputs of Stephen Fuller-Rowell, Jane Nielsen and Brock Dolman. Logo for Council. Subsequent to the last monthly meeting, the board had adopted a new logo created by local artist Molly Eckler, consisting of the acronym AGVWC and a water drop with ripples. To be able to get maximum benefit of the new logo, Bob has reserved for the Council the URL www.agvwc.org. The board would like to replace the unwieldy existing URL (www.atascaderogreenvalleywatershed.net) with the newly registered URL, but decided not to take any concrete action until Zeno, the Council's web master, is able to participate in the discussion. The board approved reimbursing Bob $25.38 for registration of the URL. Occidental Community Service District's (OCSD) Water Rate Structure. John reported on discussions at the Water Coalition on the rate setting practices of the OCSD. The board expressed concurrence with the goal of setting water rates in a manner best designed to encourage conservation, but decided to abstain at the Water Coalition on this issue until futher research has been done. Horse Boarding Facility. Jean and John reported on their recent visit to the horse boarding facility in the watershed that is the subject of some complaints by neighboring landowners concerned about dust and run-off of sediment and manure. Members of the board have also met with neighboring landowners and with acquaintances of the owners of the facility, and have spent a considerable number of hours deliberating among themselves the causes of the current dispute and the appropriate response, if any, by the Council. When disputes that are primarily of an environmental or legal nature, like modifying a stream channel without required permits, come to the attention of the board, especially when the Council is involved early on, the board is usually able to quickly determine the appropriate response by the Council. On the other hand, when the Council learns of a disagreement only after considerable delay, and after there has been a history of unsatisfactory communications between the principals, as appears to be the case here, the issues become more complex and the board's ability to act in a constructive manner is more limited. The board tries to be always mindful of the limited nature of its expertise and experience. With respect to the dispute involving the horse facility, the board does not purport to speak as an expert. Furthermore, the board recognizes that: (i) it is the stated policy of Sonoma County to "to conserve, protect, enhance, and encourage agricultural operations on agricultural land within the unincorporated area of the county," (ii) the raising of livestock is an agricultural operation, and (iii) horses are generally recognized as constituting livestock. The board believes that the Council should not be, and is not, anti-agriculture. To the contrary, the directors are of the view that responsible agricultural operations are a critical part of what makes our watershed the special place that it is. Without expressing any opinion on whether this horse facility is boarding an appropriate or an inappropriate number of horses, we have the impression that reduced density would likely result in more persistent vegetation and less bare ground, thereby reducing the impacts of which the neighbors complain, namely, dust and run-off. The board believes that parties more expert than it (perhaps the Board of Supervisors, relying on the expertise of the Planning Commission and other staff) should undertake a study of what limits on density of different kinds of livestock would assure responsible agricultural operations. The board believes it can serve as a mechanism for further fact-finding in an objective manner, and perhaps as a forum for discussions by the principals, possibly including the relevant authorities. The board will send a personal invitation to each of the known participants in the disagreement to offer its services in this regard. Map Projects. Jean and John, working on the mapping program, have sent e-mail messages to all fifteen K-8 schools in the watershed, offering a watershed map and an information packet. The schools have been very enthusiastic in their responses. Jean and John will continue with their work on this project. Water Agency Stream Maintenance Program. Bob referred to an article appearing in today's Press Democrat describing "a stream maintenance [program intended] to provide flood control and, at the same time, manage vegetation for fish habitat and human recreation," and recommended that the Council establish communications with the Water Agency regarding the program to the extent it is applied within the watershed. Invoking the no-good-deed-goes-unpunished axiom, the board asked Bob to undertake this project. Conflict of Interest at NCRWQCB. John referred to discussions that have been ongoing at the Water Coalition concerning the apparent conflict of interest arising out the fact that the individual who is the executive director of United Winegrowers of Sonoma County, a trade association of grape growers who hold NPDES permits, also serves on the board of the North Coast Regional Water Quality Control Board, notwithstanding the fact that the California Water Code provides that "no person shall be a member of the state board or a regional board if he receives or has received during the previous two years a significant portion of his income directly or indirectly from any person subject to waste discharge requirements." The individual apparently receives more than ten percent of his income from United Winegrowers; however, the Deputy Legal Affairs Secretary of the Governor's Office has concluded that the appointment does not violate California law because the trade association itself is not a permit holder. Based on the information currently available, it appears to the board that the individual's presence on the NCRWQCB presents a clear conflict of interest and is likely in violation of the law. The board will monitor the actions the Water Coalition may take or recommend on this situation. The meeting adjourned at 12:20 Respectfully submitted, Bob Burke Secretary