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HomeMy WebLinkAboutMINUTES - 04012008 - D.5 5 Eq_y TO: BOARD OF SUPERVISORS Contra Costa FROM: DENNIS M. BARRY, AICP =. ...:; COMMUNITY DEVELOPMENT DIRECTOR ' � . County . SQA.COUC1'('l 1 DATE: April 01', 2008. SUBJECT: Report from Water Agency on Delta Water Issues SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ACCEPT Report from County Water Agency on Delta Water Issues. 2. REVIEW existing Water Agency strategy and activities and CONSIDER alternative strategies for future action. 3. AUTHORIZE the Chair of.the:.Board to sign the attached letter to DWR indicating the County's objection to any consideration of a peripheral canal in the absence of a comprehensive plan to address the overall health of the Delta. 4. CONSIDER placing the question of developing a position on the peripheral canal on a future Board agenda. FISCAL IMPACT Any increase in the County's level of participation in water/delta issues will require additional resources and supplemental funding allocated during the County budget process. CONTINUED ON ATTACHMENT: X YES SIGNATURE _ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO MIT t,-OPROVE OTHER SIGNATURE (S): ACTION OF BO D ON D APPROVED AS RECOMMENDED OTHER ZNANIMOUS E OF SUPERVISORS // I HEREBY CERTIFY THAT THIS IS A TRUE AND (ABSENT /t/ ) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Roberta Goulart (925/335-1226) ATTESTED cc: County Administrator JOHN CULLEN LER -OF Community Development Department(CDD). THE BOARD OF SUPERVISOR Public Works Flood Control AND COUNTY ADMINISTRATOR BY , DEPUTY I u_'.Coi)senatio i!_Rril�ertalEO Delta Water Issues 4 01.doc I April 1, 2008 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS Update on recent actions by Governor Schwarzenegger on delta conveyance alternatives as part of the Bay Delta Conservation Plan BDCPprocess: In February 2008, speculation surfaced that the Governor was considering issuance of an Executive Order to expedite planning and funding of a peripheral canal (isolated water transfer) in the delta. Senate leadership responded with a strongly worded letter expressing their displeasure at such unilateral action, bypassing the legislature and subverting the Delta Vision process the Governor himself had initiated. The Governor responded, also by.letter, laying out his current priorities for the delta. These priorities included a 20% reduction in water use`statewide (by 2020), floodplain "protection", land use restrictions (through Delta Protection Commission Management Plan update), levee protection, disaster planning, water quality, storage (surface and groundwater), conveyance options for consideration and implementation of interim delta actions. A great number of workshops and public information meetings are scheduled by a number of state agencies, the Department of Water Resources (DWR) primary among them. Consideration of conveyance alternatives described in the Governor's letter is indeed being expedited through the Bay Delta Conservation Plan (BDCP) process (this plan was initiated by the State Water Contractors as the applicant, to obtain Incidental Take Permits (under the Endangered Species Act) for some form of a peripheral canal. This process has been underway for some time, and where it has a large and varied steering committee (including environmental groups and CCWD), it examines a very small array of alternatives for isolated conveyance, as an example. Environmental Review of this process has begun, with issuance of a federal Notice of Intention (NOI) and state Notice of Preparation. Despite the initiation of environmental review. the alternatives and/or project (especially isolated transfer) have yet to be described in any detail. The Water Agency has commented on the NOI, attached. Despite the Governor's assertions to the contrary, the BCDP process does indeed seem to be on a faster track than the other, equally important ecosystem water quality and other topics of importance to the Delta Vision Process (although these issues will need to be appropriately examined in the environmental document). The Delta Vision Process The Delta Vision Task Force (DVTF) completed its vision in November 2007, and is currently creating a strategic plan to implement the Vision (due in October 2008). The Vision holds that water supply and ecosystem health are of equal importance, and outlines 12 integrated, linked recommendations that must be implemented together for success. For the Strategic Plan, the Task Force has created working groups in the areas of(reliable) Water Supply, Delta as a Place, Governance/Finance, and Ecosystem, in addition to the Stakeholders Committee, which meets less regularly. It would be important for.County staff to be involved in these committees to the extent possible, as issues important to the county (such as water quality, governance over land use activities, etc.) will be discussed, and recommendations made to the task force. Assessment of Impacts on the County and the Delta Impacts in and around the County and the Delta will become better defined as specific projects are formulated and as these projects undergo environmental review. At this time, there have been no specific projects identified, and therefore impacts are difficult if not impossible to determine, in any but the most general sense. As projects become defined, so will resultant impacts of those projects. Contra Costa Water District comments that "A number of alternatives involving an isolated facility have the potential to significantly degrade water quality in the South Delta. The San Joaquin River would become the primary source of water in that part of the Delta, the water quality of which is very poor (dominated by agricultural drainage, including pollutants such as selenium, pesticides and high salt levels). This will result in serious impacts to fish and wildlife in the Delta, as well as to the quality of water delivered to customers of Contra Costa Water District (Martinez, Pleasant Hill, Walnut Creek, Clayton, Concord, Pacheco, Bay Point, Pittsburg, Antioch, Oakley as well as industries and refineries), Antioch (at their own intake on the lower San Joaquin River), East Contra Costa Irrigation District (including the City of Brentwood, who purchases water from ECCID and has it conveyed and treated by CCWD) and Byron- Bethany Irrigation District. Under the Delta Protection Act (Water Code Sections 12200 et seq.), these in-Delta water users are entitled to an adequate quality and supply of water at their intakes, so the State Water Project would be required to mitigate for water quality degradation or provide a substitute supply; if the latter is done, the April 1, 2008 Page 3 Delta Protection Act requires that the substitute supply be made at no additional financial burden to the Delta water users by virtue of such substitution. What mitigation the SWP would make, or how they would accomplish the mitigation has not been addressed." Water Agency Priorities, Activities to date Water Agency staff monitors-(and provides input, comments when appropriate) on as many delta plans, projects and processes as possible, recognizing the need to be part of the process, and help guide it, to the extent possible. We have had mixed success in these endeavors, having varying degrees of impact. Regarding water issues overall, the County remains somewhat outside the established delta realm of 'experts'. This is due to several factors, the most primary being that the Contra Costa Water District has such a significant degree of expertise in the.field of water quality/supply considerations (numeric modeling, etc) that the County with the similar name is often overlooked, either by mistake (thought to be the same entity) or design (too many parties from one geographic area). Despite the fact that we indeed benefit greatly from CCWD's expertise (they are the greatest resource to us, and provide information and help on a regular basis), the County has responsibilities beyond that of water quality and supply, that the water district may not address. CCWD also.has greater staff resources with which to stay involved with the multitude of meetings. Nonetheless, the Water Agency has established a County presence at a significant number of forums, including; • Delta Vision Stakeholders Group (as an alternate) Staff has been invited to continue to remain at the table and provide input regularly (albeit informally). • Water Agency staff is listed as a "resource" to the Vision Water Supply subcommittee • County staff closely Monitor meetings of the DVTF, and relay Board comments and/or provide general commentary on established issues of import to the County/Board (we will participate in subcommittees when possible).',, • Longtime attendees of the CALFED levee subcommittee, a consortium of engineers, rec. districts, consultants working with DWR on levee funding, policy issues etc. • County established, gets funds for and regularly attends/expedites the Delta Long Term Management Strategy (LTMS) process, where all relevant agencies meet to streamline the permit process (one permit for all) and provide scientific study to provide necessary data to aid agency decisions. • County and Contra Costa Council created the Delta Levee Coalition, a group advocacy attempt to obtain funds from Proposition 1 e for,western and central delta levees outside the state plan of flood control (western delta levees were at one time designated as the most important to preservation of water quality in the delta (protection against salinity intrusion from the bay)). • County is the primary advocate for federal funds for regional delta projects (which benefit other counties in addition to our own) including levee repair under the CALFED Levee Stability Improvement Program (LSIP) primarily, and the CA Delta Islands and Levees Program (in the past). The County was instrumental in`getting start-up funds for the CALFED LSIP (through Senator Feinstein's office) for the initial`US Army Corps of Engineers' (Core's) report which identified delta levee projects for funding and repair(without the flood restriction). The County was instrumental (FFY '07) in getting funds to,,keep the program going (despite dissatisfaction with CALFED) through Congresswoman Tauscher's office. Bethel Island will be a recipient of some of this funding, among other islands spread throughout the delta. • The County is a vocal and consistent advocate for repair of levees in the western and central delta • County meets with other delta legislators on projects requiring federal funding • High level of interaction with other affected `delta agencies and organizations as part of delta vision activities; meetings with delta parties and contribution to alternative vision document promoting regional self sufficiency (Board supported this document). • Interaction with other delta counties, cities other agencies, individuals involved in Delta Protection Commission (County is a member). • Panelists on delta issues Areas in which we could become more effective • Participation in key meetings of importance (areas of.limited monitoring to date) • Increased level of participation at key meetings and in other areas (CSAC, legislative hearings, etc) • Increased state lobbyist involvement • Explore areas in common with key partners April 1, 2008 I Page 4 Examination of Water Agency Strategy, consideration of alternate strategies To date, the Water Agency staff has proceeded to monitor and report on delta activities. While the Board has provided a number of comments and some positions on documents.related to the Delta Vision process, the Board had not,yet declared current positions on a Peripheral Canal, and to some extent, on surface water storage (the Board commented on the process, but stopped short of supporting the process because it includes an isolated facility). While there has been much planning on these issues, no specific projects (environmental review or other hard documents from which to respond) have surfaced to date, which has been the basis of the Water Agency's 'monitor and report'`I,strategy. There has been much debate on the peripheral canal issue in particular, with some entities taking a preemptive "oppose" stance, such as some of the delta Water Agencies, and San Joaquin County. Other agencies and organizations have adopted a "wait and see" strategy, or are partners in actively studying a peripheral canal (environmental groups, Contra Costa Council), and finally the proponents (of which there are many) actively promoting a peripheral canal, with the Governor at the top of the list. Staff recommends that the Board consider continuing a 'monitor and report' strategy, or another strategy, and direct the Water Agency accordingly. An alternate strategy would include taking additional positions on projects and programs (such as a peripheral canal and the Delta Vision process), and working with other agencies and organizations`'on group support of these positions, and negotiating with the Governor and legislature accordingly. A letter to the Department of Watetr Resources regarding concern with a peripheral canal In its action on March 11, 2008, the`''',Board of Supervisors directed that a letter to be sent to DWR indicating the County's objection to any consideration of a peripheral canal in the absence of a comprehensive plan to address delta water quality, ecosystem and public safety concerns. The letter is attached. However, while the Board's concern is certainly a valid one, by making this statement the Board may be perceived as having developed a de facto position on a peripheral canal (i.e. it is ok to proceed with a peripheral canal if delta water and ecosystem are addressed). The Board of Supervisors has had a long-held position of opposition to a peripheral canal, and recent strategy has been to avoid taking a more current position at this time. In order to avoid any ambiguity regarding its position, a strong position statement for the record should be considered. I ; 11 1 II ,1 ADDENDUM TO D.5 APRIL 1, 2008 On this day the Board the Board ACCEPTED a report from the County Water Agency on Delta water issues; CONSIDERED authorizing the Chair, Board of Supervisors, to sign a letter to the State Department of Water Resources indicating the County's objection to any consideration of a peripheral canal in the absence of a comprehensive plan to address the overall health of the Delta; and CONSIDERED placing the question of developing a position on the peripheral canal on a future Board agenda, and taking related actions. '1 Roberta Goulart, Contra Costa County Water Agency, provided the Board with an update regarding Delta Water,Issues including the Governor's intention to proceed with the National Environment Policy Aet/California Environmental Quality Act analysis on alternatives for the Delta conveyance through the Bay Delta Conservation Plan process. She made particular reference to the events on Attachment 2 of Board Order D.5 dated April 1, 2008. Ms. Goulart explained the Delta Vision Task Force would create a strategic plan to implement the Vision by October 2008. She noted the impacts around the Delta would be better defined as projects are formulated and undergo environmental review. She emphasized the Water agency staff has monitored and reported on Delta activities and said there has been much debate on the peripheral canal issue, with some entities taking an"oppose" stance and other agencies adopting a"wait and see" strategy, but many would like to promote a peripheral canal with the Governor and Legislature. Ms. Goulart referred to March 11, 2008 Board Order D.l and noted in its action the Board directed a letter to the Department of Water Resources (DWR) (attached)that indicated the County's objection to proceeding with a peripheral canal prior to the development of a plan to address Delta water quality and a healthier ecosystem. She cautioned that by making the statement, the Board could be,perceived as having a de facto position and suggested that the Board may wish to consider a',current position to avoid any ambiguity regarding its position on a peripheral canal. 'I Supervisor Piepho asked Ms. Goulart to affirm the stance that was supported by the Board in 1982 that opposed the peripheral canal. Ms. Goulart stated a Board Order,in 1982 opposed a canal, and expressed concern over a lack of assurances to protect the Delta if a peripheral canal were constructed. She offered to get a copy of that Board Order from the archives. I Chair Glover said he is reluctant tol'�send the letter to the DWR, as he does not want it to be perceived that if certain conditions were met the Board would want to consider a peripheral canal. He asked Ms. Goulart what her stand would be on any type of communications with DWR. Ms. Goulart responded that DWR is a large agency, and often has a single focus with one or two things that are important to them. , 'I 1, 1 'I I I'II I Supervisor Uilkema said she would like the Board to examine the issue of sending the letter to DWR at the next Transportation and Water Infrastructure Committee meeting(TWIC) with a specific recommendation on the peripheral canal. She noted after the Board concludes their recommendations, the Chair should invite prominent persons dealing with the peripheral canal or Delta issues to meet with the full Board, and pointed out that she would like to include Contra Costa Council. Iri conclusion, Supervisor Uilkema said she would prefer to wait till the next TWIC meeting and she reiterated a letter should be sent to DWR after the full Board has discussed publicly''the next action to be taken. She said this letter should reflect the full Board's position I Supervisor Piepho referred to the Peripheral Canal issue and said one County staff person is spread very thin in trying to handle this matter. She said this Board has historically taken a very strong position and in 1982, due to local advocacy on the proposed peripheral canal, won the fight statewide. She`talked about going back and reviewing the Board's historic position on the Canal. She said the action before the Board today is part and parcel of the direction of the March 11, 2008 Board Order's (see attached)which was supported by the Board. She said the Board should call on everyone, pull partners together so that Ms. Goulart is not a"one woman" show and work with Contra`Costa Water District partners and have in Contra Costa Council a serious discussion to sit down to protect the County's interest. Supervisor Pieho asked Ms. Goulart if the County responded too the Notice of Intention process of the Bay Delta Conservation.Plan with a deadline of March 24,12008. Ms. Goulart said there was a response from the County and she would provide the Board with a copy. Chair Glover said this matter should be directed to the Board for a very open and intense dialogue going forward. I Supervisor Gioia reiterated".one County staff person alone would not be able to handle this issue in a way that will be meaningful at the State level. He suggested the County work with East Bay Municipal Utilities District I(EBMUD) and Contra Costa Water District (CCWD) and understand their principles. He suggested a workshop with EBMUD and CCWD and added that these two agencies have spent enormous amounts of money trying to particulate in statewide solutions. He suggested the letter to theIDWR should be written in conjunction with a workshop with EBMUD and CCWD. He also said he thought it is important that the County get some positions on Delta issues from environmental and agricultural interests. Supervisor Piepho suggested the Board direct TWIC to discuss a Board workshop on Delta water issues, including an agenda and list of attendees, and report back to the Board on May 6. Chair Glover concurred with Supervisor Gioia and said the Board would re-evaluate the position and find partners to share resources in advocacy. ,I By an unanimous vote, with Supervisor Bonilla absent, the Board took the following action: II I I 2 I 'I � �I I I 'I ACCEPTED the Report from County Water Agency on Delta Water Issues; REVIEWED existing Water Agency strategy and activities and CONSIDERED alternative strategies for future action; DEFERRED authorizing a letter to the State Department of Water Resources; MOVED the discussion to the Transportation, Water and Infrastructure Committee for consideration and the development of a workshop with Contra Costa water district partners; and DIRECTED the Transportation, Water and Infrastructure to REPORT back to the Board on May 6, 2008. I I 'II �I I I 'I I I I I 'I I ,I li II� I I I II �I I I I 'I I �I I 'I 'I `I I 3 �I I !, TO: BOARD QF SUPERVISORS — ConFra FROM: SUPERVISOR MARY NEJEDLY PIEPHO =- Costa DATE: March 11, 2008 I STa COU County SUBJECT: Contra Costa County Delta Water Plan Update \' . SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTIONS: 1. Direct the Water Agency to provide an update to the Board of Supervisors at the April 1, 2008 Board Meeting regarding Delta Water Issues including the Governor's stated intention (see letter dated February 28 to Senators Perata, Steinberg, and Machado) to proceed with the�,NEPA/CMA analysis on at least four alternatives for Delta conveyance. They shall consider the following: • The possibility of no new Delta conveyance facility; • The possibility of a dual conveyance facility, as suggested by the Task Force; • The possibility of an isolated facility; • The possibility of substantial improvements and pro s of the existing water export system, most often referred to as `ar he Delta' or a "through-Delta" solution. 'I CONTINUED ON ATTACHMENT: ❑ YES SI NATURE: I ❑ RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ ECOM!11114ROIION OF BOARD COMMITTEE ❑APPROVE ❑ OTHER I SIGNATURE(S): ACTION OF BOARD ON 0100 APPROVED AS RECOMMENDED OTHER Fq I I I VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND I� I/ CORRECT COPY OF AN ACTION TAKEN AND �C UNANIMOUS(ABSENT /V o ENTERED ON THE MINUTES OF THE BOARD OF AYES: NOES: ! SUPERVISORS ON THE DATE SHOWN. ATTESTED: YjV C4 ABSENT: ABSTAIN: I � I Contact: Tomi Van de Brooke i JOHN CULLEN,CLERK OF THE BOARD OF Office of Supervisor Mary N. Piepho SUPERV ORS AND COUNTY ADMINISTRATOR (925)820-8683 `! r cc: John Cullen,County Administrator By: Deputy Roberta Goulart,Water Agency I 'I 2. Direct the Water Agency to work with affected Delta counties to undertake an assessment of impacts on Contra Costa County, the Bay Delta, and surrounding islands and other land and water quality that may result from proposed transfer facility. 'll 3. Call on DWR to consider impacts to counties related to actions that will increase salinity and decrease'llwater quality and mitigate any and all economic or environmental harm by fully compensating local governments for tax losses, increased expenses related to caring for fallow land,l,and infrastructure changes necessitated by their actions. I 4. Prepare a letter to the Department of Water Resources indicating our strong objection to proceeding with. a "conveyance facility" or"Peripheral Canal" that will send additional water south prior to developing and funding a plan to address the broader needs of the Delta including 'improved water quality and a healthier Delta ecosystem. FISCAL IMPACT: None BACKGROUND: In 2006, Gov. Schwarzenegger signed an executive order to develop a Delta Vision to provide a sustainable management program for the Sacramento-San Joaquin Bay Delta, a unique natural resource of local, state and national significance. At the same time he appointed a Blue Ribbon Task Force. I I. The Blue Ribbon Task Force, in its January 17, 2008 report, "cautions that decisions about storage and conveyance lflow from all 12 recommendations in their vision, and cannot be decided by themselves." I The top three of the Blue',Ribbon Delta Vision's 12 integrated and.Linked Recommendations issued on January 17th report include recognition of the Delta's ecosystem and status as a unique and valued area.''I�The first recommendation places the ecosystem at equal status with water supply: 1. Delta ecosystem and I,a reliable water supply for California are the primary, co-equal goals for sustainable management of the Delta. 2. The California Delta is',a unique and valued area, warranting recognition and special legal status from the State of California. 3. The Delta ecosystem must function as an integral part of a healthy estuary. California State Senators Perata, Steinberg, and Machado indicated in their letter dated February 27, 2008 strong objections to "Launching a peripheral canal without addressing ecosystem, water quality, structure and governance simply enflames old sectional passions and suspicions. And, it movesl,us in the exact opposite direction from a comprehensive water policy." The Governor's response letter. to the Senators dated February 28th included the statement m that he was directing DWR to ove forward with the environmental studies needed to proceed with a Peripheral Canal type facility. I I Attachment 1 GOVERNOR ARNOLD SCHWARZENL- GGER February 28, 2008 The Honorable Don Perata The Honorable Darrell Steinberg President pro Tempore California State Senate California State Senate I State Capitol State Capitol Room 4035 Room 205 Sacramento, California 95814 Sacramento, California 195814 The Honorable Mile Machado California State Senate State Capitol Room 5066 Sacramento, California 95814 Dear Don, Mikc and DrTell, My administration has been working on solutions for addressing California's water supply and tiie environmental crisis.in the Sacramento-San Joaquin Delta for more than two years. As you all have ackno%�Iedged during our negotiations on a.comprehensive water infrastructure package over the last year, the heart of California's vital water-supply system is in jeopardy of collapse without both immediate action and long term solutions to restore the ecosystem and protect water supplies. 1 created the bipartisan)Delta Vision Blue Ribbon Task Force by administrative action in 2006. Tile Task ForceI has issued its Vision and will develop �i Strategic Plan to implement the Vision by the end of this _year. In its recommendations, tiie Task Force identified a series of near-term actions that should be taken to protect the estuary, including studying the options for•improving water transfer in the Delta. Far-from acting unilaterally, my administration has been transparent in working with stakeholders and le_islators on identifyingboth administrative Lind legislative actions that will be necessary to address the recommendations of tale Task Force. As part of that effort.. I will continue to neEiotiate in good faith with legislators on a comprehensive water infi-astructure package. v To clarify the adminil trative actions we are considering as part of a comprehensive solution in the Delta, me outline some of the key elements under development: i I i i STATE CAPiTUOL • SACRAA4ENT0, CALIFORNIA 95814 (916) 445-2841 I I I The Honorable Don Perata The Honorable Mike Mad hado The Honorable Darrell Steinberg February 28, 2008 Page two 1. A plan to achiev� a 20 percent reduction in per capita water use statewide by 2020. Conservation is one of the key ways to provide water for Californians and protect and improve the Delta ecIosystem. A number of efforts are already underway to expand conservation programs, but I plan to direct state agencies to develop this more aggressive plan and implement it but extent permitted by cun-ent law. I would welcome legislation to incorporate this goal into statute. 2 Protection of fldodplain in the Delta. The Department of Water Resources (DWR) and other appropriate state agencies will expedite the evaluation and protection of critical floodplains. This action protects people and property, the existing waater-export system and the Delta ecosystem. • Policy gdidance on Delta land use. The Blue Ribbon Task Force made it clear that changing land use patterns may limit our ability to address critical issues wiith the existing water export system and the Delta ecosystem. Accordingly, I will ask the Delta Protection Commission to update their- Land Use and Resource Management Plan and direct the Governor's Office of Planning & Research and the State Architect to develop model Delta land use guidelines for distribution to local governments. • Levee protection and standards. DWR is actively involved in efforts to improveiour flood protection and levee systems and, as part of this effort, should establish recommended standards for Delta levees. 3. Multi-agency Delta disaster planning. DWR, in coordination with the Office of Emergency Services, and other- appropriate state agencies will develop and implement an emergency response plan and conduct a multi-agency disaster planning exercise in the Delta. • Contract fol-emergency response equipment and services. I will authorize DWR to continue its efforts to obtain equipment and services including barge services, sheet piling and other flood fightina materials to respond to disasters in the Delta. In addition to my previous orders, we must expedite the placement of materials and supplies in and near the Delta, to imp I ve our emergency response capabilities. I I I I I i i J The Honorable Don Perata The Honorable Mike Machado The Honorable Dan-ell Steinberg February 28, 2008 I Page three I 4. Expedite interim Delta actions. The Resources Agency, DWR, Department of Fish and Game and the State Water Resources Control Board have already begun efforts to Help protect and restore Delta habitat and help water users cope with supply interruptions. I will direct the Resources Agency to expedite the completion of the Bay Delta Conservation Plan (BDCP), including the environmental review and permitting activities. Ongoing Delta actions, in conjunction with these efforts, will provide a foundation to help conserve at-risk speciesland improve water supply reliability. S. Water quality.) While additional storage Lind improved conveyance can allow greater control of water flows that improve drinking water quality, more must be done. I will direct the State Water Resources Control Board to develop and implement a comprehensive prograt� in the Delta to protect water quality. G. Improvements to Delta Neater conveyance. DWR and other appropriate state agencies will soon begin the public process to study the alternatives available for improving the Deltawater conveyance system. As parr of this study, DWR must coordinate with SDC I efforts to recover at-risk species. DWR must also incorporate the issues of water-supplyl reliability. seismic and flood durability; ecosystem health and resilience. water quality; and projected schedule, cost and funding in their options review, Lis suggested by.the Task Force. The Task Force recommended that we stud}, a "dual conveyance facility" as a starting point. However I believe we must look at a full range of options for improving conveyance in the Delta. Accordingly, I intendto direct DWR to proceed with the NEPA/CEQA analysis on at least four alternatives for Delta conveyance. They shall consider the following: 0 The possibility of no new Delta conveyance facility; 0 The possibility of a dual conveyance facility, as suggested by the Task Force; 0 The possibility of an isolated facility; 0 The possibility of substantial improvements and protections of the existing, water expos l system, most often referred to as `armoring the Delta' or a `1111-otlall-Delta" solution. 4 i I i i I I f i I The Honorable Don PerataI Tile Honorable Mike Machado The Honorable Darrell Steinberg February 28, 2008 I Page four ► I I 7. Water storage. DWR will complete the feasibility studies for the CALFED storage projects includinc,Temperance Flat, Sites Reservoir, and the Los Vaqueros expansion. Each of these projects, depending on how they are built and operated, can provide substantial public benefits. Unlike in the.past, when local entities built storage facilities for their own benefit and with little state investment, the current deteriorating condition of the Delta and the statewide water system demand public investment in exchange for the public benefit the entire state will realize. In addition, I will direct DWR to expedite funding for groundwater-storage projects throughout the state that will improve water supply reliability. Please know that I willlcontinue to wort: with the Legislature and all stakeholders to develop a comprehensive solution to the crisis in the Delta, and I will act on administrative measures in a transparl nt manner at the appropriate time. California's history is filled with innovators and problem solvers. In 2006, with Democrats and Republicans working.together for a common cause, we added to that legacy by building up our infrastructure. We showed leadership, not for the benefit of our own ambitions, but for theifuture of the state. That's something that Californians weren't used to, and they responded forcefully, approving all of the bonds. It's time for us to put tlle state first and add another chapter to the history books. It's time to secure a safe, clean and reliable water supplylfor.tile next generation of Californians. We have a great opportunity, and the people are c unting on us. Let's not let it piss. I .Since i i Arnold chwarzeneyl ger I I I I ► I l Attachment 2 3/08 Fall-run salmon populations plummet; scientists blame low river flows (high export volumes) in delta' and lack of food in ocean 3/08 Bay Delta Conservation Plan initiates the CEQA/NEPA process by releasing Notice of Intention (NOI) and Notice of Preparation (NOP) for peripheral canal "takings" permits I 3/08 SB XX 6 introduced in legislative special session (newest potential bond language) I 3/08 DWR launches campaign to implement Governors list of comprehensive actions in the delta by announcing workshops and public meetings on a number of subjects (including iemergency response, water conservation initiatives, water plan, BDCP, etc) 2/08 Governor sends a letter to Senators Perata, Machado and Steinberg defending his actions in the delta. Governor announces comprehensive actions to "fix" theldelta, which include conservation (20% decrease in water use by 2020), floodplain protection (land use protection & levee protection), disaster planning, interim actions, water quality, conveyance and storage. 2/08 Senators Perata, Machado, Steinberg send letter to Governor, blasting his behind-the-scenes actions pushing an peripheral canal 2/08 Governor meets with Senator Feinstein on rebuilding CA water infrastructure 2/08 Governor releases 211 million (Prop 1e bond funds) for 4 flood control projects I 12/07 Judge Wanger issues pumping restrictions to protect Delta Smelt (listed as threatened) until nlew Biological Opinion and Operations Criteria & Plan (OCAP) are completed. (BDCP is working on this) 11/07 CALFED issues)its end of Stage One Report 10/07 Governor signs1water/flood control legislation (CV Flood Protection Plan, increased attention to flood by land use agencies, level of flood protection urban development, etc) I 9/07 Special Legislative Session on water/delta (ongoing). Several bills are introduced as potential bond measures, and for shore term actions (none have been successful to date) 6/07 Delta Risk Management Strategy DRMS Phase One (draft) documents released (Pha ie 2 is ongoing) D:\Roberta\delta gel era)\chronology delta water events.doc I I I i I 2/07 County & Contra Costa I Council establish the Delta Levee Coalition to advocate for Proposition 1 e funds for non-project levees in the larger delta (to date, no funds have been forthcoming for levees not part of the state plan of flood control) I 12/06 Department of Water Resources announces their FLOODSAFE Program, which would reduce flood risk, create a sustainable management system for floods, and help to red uI ce impacts of floods when they occur. 11/06 Bond measures approved by voters (including $4.1 billion for delta levees, etc) 9/06 Governor signs legislation and issues an executive order directing development of a long-term Delta Vision. A Blue Ribbon Task Force was created (as were other committees), with the task of developing a Vision for a sustainable delta by the end of 2007, and i Strategy to attain this Vision by October 2008. 5/06 Delta Risk Management Strategy; contract awarded to URS; risk assessment of Delta levees (phase 1), and strategy to address risk (dependant upon importance) I 4/06 Bay Delta Conservation Plan (BDCP) process is initiated. Touted as a habitat conservation plan, this process, paid for by the State Water Contractors (exporters) as the applicant, looks at permitting under the Endangered Species Act for a peripheral i anal future scenario. 3/06 Governor signs Executive Order directing DWR to repair 24 (initially; there were additional sites added over time) critically eroded levee areas (flood control) 2/06 Governor declares state of emergency for levees flood control on 9 Y ( Sacramento and San Joaquin Rivers) I 1/06 DWR presents "Flood Warnings: Responding to California's Flood Crisis" Report to legislature.r 10/05 County lobbies for and obtains $500,000 in federal funds for the Corps to launch the Delta Long Term Management Strategy (LTMS) process, an agency- driven process tolstreamline permitting, provide scientific certainty and consider dredged materials for large scale levee rehabilitation activities (Process begins 1/06) I 1/04 CALFED Reauthorization Act passes, authorizing $90 million for levee work 2000 CALFED Record of Decision signed (CALFED stage 1 program moves ahead) I I 1993 Delta Smelt listed as Threatened under Endangered Species Act . I DARoberta\delta general\chronology delta water events.doc Attachment 3 John Culieri 65-1 Fine Sireet. Room Maninez, aiifoirua 94ri7l��-0095 County John Gioia. Distnct I Susan A. Boniha, Disinci IV Federal D.G .... Honorable Phil ... berg and Members, Delta Vision Blue Ribbon Task Force September 18, 2007 1416 Ninth Street, Suite 1311 Sacramento, CA 958114 Dear Chairman Isenbel rg and Members of the Task Force., Today the Contra Costa County Board of Supervisors approved the following parameters to guide a vision and components of a vision that.. as a county, we consider to be vitally important. We thanki You for your work on this most important topic, and offer the following 0 Through-delta conveyance actions did not progress in the CALFED process; through- delta conveyance actions need to be implemented, monitored and managed prior to consideration ° A /ovel playing field" is encouraged, in that some users should no' unduly benefit at tile expense of others-. all parties wil! have to compromise if we are to save 'the delta ecosystem and!its species. ` ° The delta is p,a I rt of a larger ecosystern that includes San Francisco Bay and environs. Chances to and in the Delta will affect this ecosystem. Studies; analysis and modeling of the Delta hleed to be ecosystem based, and should include the watershed to the e^'e/x practicable. Needs of the ecosystem need to be determined prior to revision of ° Improvement I bf the delta environment and protection of water quality from additional pollutant levels in the delta ecosystem and delta outflows should be included in any vision for _the ° The o wester I n delta islands are- paramount to protection of the delta ecosystem, and to t state s existing water supply now and under any future delta supply scenario. it is critical nnsx relhabilitation cnthese' levees commence immediately. ° Climate change .Any solutions proposed for the delta need to address climate change. " VVe support//out-of-delta (statewide) solutions to the delta's problems vvhena possib|s. Water exported from the delta serves rriost of the etate, providing domestic and agriuu|tuna|'water supply. The watersheds draining tothe delta region cover nnuoh of � ' ' 1 � California. Many oii the delta's problems can be managed in the service area. or the upstream watersheds. before problems become acute within the delta itself. For example: Conjunctive use (groundwater storage for use in dry times in the San ,Joaquin Valley and elsewhere) Flood plain management in the watershed (to reduce flood extrernes within the delta) Consideration of other water supply options such as desalination and reuse where practicable o Optimizing use of floodwater for water supply purposes. • Middle River conv I yance. while promising, raises many questions, including definition of "variable" water quality:.comments; concerns are as follows: o Agreement should be reached regarding the scientific dispute over what a variable delta really is (i.e. historic salinity levels possibly skewing study conclusions) * Potential impacts to the western delta habitat, fishery in terms of high salinity o Water supply (to cities, agricultural districts, groundwater users. industries located iii Contra Costa County): what amount of freshwater flow can be expected,)and when: can intakes in the western delta be accommodated (water rights) o Impacts, benefits to Old River, western delta with Middle River conveyance. • We support measures to be implemented now, (consistent with the Contra Costa Wate, District's (CCWD) Staged Conveyance Actions), specifically including the following: Emergency response: stockpiling rock throughout the delta, including the western Idelta. to protect water quality and levees V'Wer gba!ity and tishery improvements at Franks Tract Additional and improved fish screens at pumps o Habitat i improvement projects at Dutch Slough, and Suisun Bay (and in general; o Multi-year funding commitment to restore levees (non-project levees and levees butcsdeIthe state pian of flood control) Immediate rehabilitation of levees for the 8 western delta islands and other islands in the central delta important for infrastructure- * We support the Vision for the 21" Century, a Regional self-sufficiency scenario, put forward by Tom Zuckerman and the delta group which embodies most of the above- mentioned items as well as: Considers out-of-delta solutions to reduce stress on the delta n Envisions less water out of the delta in dry years (when more is taken and the delta needs it the most) C� RepleInishes groundwater basins Addresses the water supply-dernand imbalance prior to conveyance issues 0 A flood management plan as a necessary tool early in process Expanding central valley groundwater storage c; Restoi re enough outflow to restore mixing zone to Suisun Bay Restoration of levees throughout the delta. We support )aspects of the August 21, 2007 Delta Vision Stakeholder Coordination aroun's Report , as follows: e T he Guiding Principles (pg 4j o Concepts of action-based decision making (pg 6) i 2 i Upstream floodplain management (pg 9) Out-of-delta strategies (pg 9) o Outcome topics (pg 31) as follows; • Preparing Emergency Plans for the Delta for life. property & infrastructure Continuing to provide funding for levee maintenance and restoring tidal marsh • Identifying lands needed for flood protection e Reuse of dredged materials for levee maintenance (pg 56 #11) • We support the Col tra Costa Council's Delta Vision and Principles document with the following comments: c. Climate chanae needs to be addressed o The County lhas not taken a position on surface storage at this time o An understanding of the impact of delta flows on habitat and the health of the estuary needs to be examined. • We actively support the Delta Long Term Management Strategy (LTMS) process to..,. improve the permitting process in the delta and which considers the beneficial reuse of dredoed materials for levee rehabilitE:tion. While we greatly appreciate the Task Force's taking on the responsibility for a vision of this magnitude, the Board is quite concerned that local land use agencies have not had a strong presence in the process to date, and we strongly encourage the Governor and the Blue Ribbon Task Force to engage the Idelta counties and cities in the discussion of land use and governance. Many land use agencies have not been part of the discussions, and have not been contacted as part.of recent studies considering land use activities. At your last meeting. the Task Force asked if Contra Costa County was working with other delta counties and cities in land use and emergency response issues. As indicated by our staff at that meeting, the answer is yes on both counts. The county is a member of the Delta Protection Commission. (which deals primarily with land ..ise issues) and ciected officials work together it-, a number of other forums (C SAC, Mayors Conference, etc.). The County sits as an alternate (for the former Mayor of Rio VIista) on the Stakeholder Coordination Group and as Co-Chair of the CALFED Levees Subcommittee. County staff (and to a lesser extent city staff) meet regularly on any number of delta related issues, including but not limited to emergency response (a lona history of cooperation here). habitat conservation planning, wetlands preservation; levee maintenance & rehabilitation; transportation, navigation and flood control. We also wort: directiy with the reclamation districts in our county and in the larger delta. Thant: you for your attention to these matters, which we consider to be vitally important. If you have questions, please do not hesitate to contact our staff. Robera 600art at (925) 33351- 226. Sincer,elj Mar�4 N.. J`ahb card of Supervisors 3 i . I Attachment 4B , j Glossary of Delta and Suisun Initiatives Delta Vision Blue Ribbon Task Force Meeting January 31 —February 1, 2008 j i Bay-Delta Conservation Plan (BDCP) The Bay-Delta Conservation Plan is being developed to allow for projects to proceed that restore and1protect water supply, water quality, and ecosystem health within a stable regulatory framework. When finished, this proposed comprehensive regional conservation plan will address compliance with federal and California endangered species laws and regulations covering activities by various Potentially Regulated Entities (PREs) in the Statutory Delta. The process for planning is outlined in the BDCP Planning Agreement, dated October 6, 2006. BDCP planning goals are: • Provide for the conservation and management of Covered Species within the Planning Area; • Preserve,restore,andjenhance aquatic,riparian and associated terrestrial natural communities and ecosystems that support Covered Species within the Planning Area through conservation partnerships; 1I • Allow for projects to proceed that restore and protect water supply,water quality,and ecosystem health wii thin a stable regulatory framework; • Provide a means to implement Covered Activities in amanner that complies with applicable State and federal fish and wildlife protection laws,including CESA and FESA,and other environmental laws,including CEQA and NEPA; • Provide a basis forlpermits necessary to lawfully take Covered Species; • Provide a comprehensive means to coordinate and standardize mitigation and compensation requirements for Covered Activities within the Planning Area; • Provide a less cosily,more efficient project review process which results in greater conservation values than project-by-project,species-by-species review;and • Provide clear expectations and regulatory assurances regarding Covered Activities occurring within the Planning Area. CALFED Ecosystem Restoration Program Conservation Strategy (ERP) This document will describe the ERP's strategy to achieve the recovery of at-risk species and the rehabilitation and restoration of natural processes and functions within the Bay-Delta estuary and its watershed. The End of Stage I Evaluation, produced by the Department of Fish and Game, qualitatively assesses actions that were deemed technically, economically, and politically feasible to.implement in the first seven years of the Ecosystem Restoration Program. The report describes the status of fulfilling these Stage l program priorities and implementation of restoration activities. Information is summarized by program elements, ecological management zones, and regional summaries. This report is part of the overall ERP assessment and is meant to compliment the more quantitative ERP Milestone Assessment. The Milestone Assessment, produced by the Department of Fish and Game, quantitatively evaluates how well the ERP has achieved a discrete set of conservation factions embodied in 119 milestones. The milestones were intended to be carried but during the CALFED Program's Stage I (the first 7 years of the 30-year pro&am) and were developed to ensure ESA, NCCPA, and CESA I i I i 1 i i I i i . i compliance. The Milestone Assessment provides a status for each milestone, states what was done to achieve designated actions, and discusses recommendations for meeting milestones in the future. This report is part of the overall ERP assessment and is meant to compliment the more qualitative ERP End of Stage 1 Evaluation. A summary of EWA operations and the effects of the EWA on targeted species are discussed as well. CALFED Stage 2 Planning As the CALFED Program completes Stage 1, a direction needs to be established for continuation of the Program. As envisioned by the ROD, CALFED agencies are currently evaluating alternative approaches for Delta conveyance,primarily by participating in the Delta Vision and BDCP processes that include consideration of alternative conveyance approaches for the Delta. Similarly, the agencies are participating in DRMS to assesses the major risks to the Delta resources from floods, seepage, subsidence, and earthquakes and develop recommendations to manage the risk. As such, it is premature to set a specific future direction at this time. However, it is expected that many of CALFED's Stage 1 actions will continue in the future. Further, recommendations from the initiatives may lead to some revision or refinement of Delta actions identified in the ROD or development of new,IDelta actions. I I CALFED State of the Science of the Bay-Delta System (SOSBDS) The SOSBDS is anliterative effort to compile, synthesize and communicate the current scientific understanding of the Bay-Delta ecosystem and provide relevant scientific context to inform resource management and decision making. The first edition will focus on the key issues relevant to CALFED Program Stage 2 decisions and the Delta Vision process and will incorporate the most current understanding of system function and a description of ecosystem services as well as describing the drivers or demands and the influence of management action on these services and the system of the whole. I CALFED Surface Storage Investigations (SSI) SSI was formulated to evaluate the five surface storage projects identified in the CALFED Bay-Delta Program Record of Decision (August 28, 2000). The goal of the Storage Prob am is to increase water supply reliability, improve water quality, and support ecosystem restoration through expanded.storage capacity and increased operational flexibility. Additional surface storage will provide flexibility to the State's water management system, which can be operated to contribute to the long-term sustainability of the Delta ecosystem, maintaining water quality and supply reliability, and preventing and planning for catastrophic failure of the Delta system. With additional capacity and integrated operations, water diversion and deliveries can also be timed in ways that will allow for better response to the effects of earthquakes, floods, and climate change. The Department of Water Resources and U.S. Bureau of Reclamation, with input from stakeholders and assistance from local water agencies, are i I 2 i I i I I • I • I I I conducting the planning and feasibility studies. The five surface storage investigations are: I • Shasta Lake Water Resources Investigation (SLWRI) • North-of-the-Delta Offs ltream Storage(NODOS) • In-Delta Storage Project (IDSP) • Los Vaqueros Reservoir Expansion (LVE) • Upper San Joaquin River Basin Storage Investigation(USJRBSI) I California Water Plan Update 2009 The California Water Plan provides a framework for water managers, legislators, and the public to consider options and make decisions regarding California's water future. The Plan, which is updated every five years, presents basic data and information on California's water resources including water supply evaluations and assessments of agricultural,urban, and environmental water uses to quantify the gap between water 'supplies and uses. The Plan also identifies and evaluates existing and proposed statewide demand management and water supply augmentation program is and projects to address the State's water needs. Contra Costa County General Plan (2005-2020) The Contra Costa County Board of Supervisors adopted a comprehensive General Plan (1990-2005) in IJanuary 1991 following an extensive public outreach and participation processi initiated in 1986. This comprehensively updated General Plan superseded the County's prior General Plan (and each of the previously adopted elements), and consolidated several area specific General Plans into one plan document. ThelContra Costa County General Plan was reconsolidated by the Board of Supervisors in July 1996 to reflect General Plan Amendments from 1991 to 1995 and to correct minor errors and omissions discovered in the original 1991 General Plan text. (This first County General Plan Reconsolidation covered the period from 1995 1 ithrough 2010. A second General Plan Reconsolidation was approved by the Board of Supervisors in January 2005 to reflect General Plan Amendments adopted betweenl995 and 2004, to revise text and maps to reflect the 1999 incorporation of the City of Oakley, formerly an unincorporated community that was covered under the County General Plan, and to consolidate a newly adopted ffousing Element into the General Plan. The second County General Plan Reconsolidation was adopted in January 2005 and covers the period from 2005 through 2020. Delta Protection Commission, Governor's Office of Emergency Services, and Five Delta Counties' Emergency Planning and Response Collaborative Process The Delta Protection Commission facilitated a summit meeting in 2006 of the five Delta counties to discuss and agree upon a coordinated effort at Delta-wide emergency planning especially to ensure that societal issues were included as well as common assumptions and approaches between the many planning efforts underway. The Commission moved forward in the fall of 2007 to work with the Governor's Office of Emergency Services and the Center for Collaborative Policy, CSUS, Igo develop a process including all local, state, (including the I ! 3 I I I • i I I I i I I i California Department of Water Resources) and federal agencies involved with emergency response in the Delta to ultimately achieve a coordinated regional emergency response framework plan. This plan is envisioned to be the integrating "overlay"and linking tool to provide one common framework of emergency response planning that supports and strengthens existing and future jurisdictional plans in the Delta. Societal issues associated with a catastrophic emergency in the Delta are to be focused on to ensure there is Delta-wide coordination in the planning and response to issues such as: regional mass care and shelter, large scale evacuation,public,,warning, public information, interoperable communication and so forth. i i Delta Protection Commissions Management Plan Update (MPU) The Delta Protection Act of 1992 required the Delta Protection Commission to prepare, adopt, review,�and maintain a comprehensive long-term resource management plan for land uses within the Sacramento-San Joaquin Delta. The plan covers an area called the Primary Zone which includes approximately 500,000 acres of waterways, levees and farmed lands extending over portions of five counties: Solano,Nolo, Sacramento, San Joaquin and Contra Costa. The goals of the Plan are to "protect, maintain, and where possible, enhance and restore the overall quality of the Delta environment, including but not limited to agriculture, wildlife habitat, and recreational activities; assure orderly, balanced conservation and development of Delta land resources and improve flood protection by structural and nonstructural means to ensure an increased level of public health and safety." Provisions of the Act preclude the Plan from denying a landowner the right to continue agricultural use. The Act also specifically prohibits eminent domain unless requested by the landowner. The Plan has eight policy areas, including (1) Environment, (2) Utilities and Infrastructure, (3) Land Use and Development, (4) Water and Levees, (5)Agriculture, (6) Recreation and Access, (7)Marine'Patrol, and (8) Boater Education and Safety Programs. Since preparation of.the original plan in 1995, a number of issues (like climate change and flood management) and initiatives (like Delta Vision) have prompted new interest in updating the Plan and revisiting the overall structure of Delta governance. i I Delta Regional Ecosystem Restoration Implementation Plan (DRERIP) DRERIP is one of four regional plans intended to guide the implementation of the CALFED Bay-Delta Program's Ecosystem Restoration Program (ERP) element. The DRERIP will refine the planning foundation specific to the Delta, refine existing Delta specific restoration actions and provide Delta specific implementation guidance, program tracking, performance evaluation and adaptive management feedback. Conceptual models and other DRERIP work products could be used in�developing the Delta Vision. I I i i i I 4 I I . I I Delta Risk Management Strategy(DRMS) The Delta Risk Management Strategy (DRMS) goals and objectives are: Phase 1: Evaluate the risk!and consequences to the State(e.g., water export disruption and economic impact) and the Delta (e.g., levees, infrastructure, and ecosystem) associated with the failure of Delta levees and other assets considering their exposure to all hazards (seismic, flood, subsidence, seepage, sea level rise, etc.) under present as well-as for 50-,100-, and 200-years from now. The evaluation shall assess the total risk as well as the disaggregated risk for individual islands. I Phase 2: Propose risk criterion for consideration of alternative risk management strategies and for use in management of the Delta and the implementation of risk informed policies. Develop a Delta Risk Management Strategy, including a prioritized list of actions to reduce and manage the risks or consequences associated with Delta levee failures. Delta Vision (DV) I The initiative resultinglfrom legislation and Governor Schwarzenegger's Executive Order S-17-06 to integrate the many but separate Delta planning efforts, using a collaborative and inclusive public process, to develop and articulate findings and!recommendations for durable and sustainable management of the Delta. The Delta Vision will be the basis of a Delta Strategic Plan that will include recommendations for regional management arrangements among elected officials, governmentiagencies, stakeholders, academia and affected California communities. i FloodSAFE California I FloodSAFE California is a multi-faceted, strategic initiative to improve public safety through integrated flood management. The FloodSAFE vision is a sustainable, integrated flood management and emergency response system throughout California that improves public safety, reduces the risk of flood- related damages, protects and enhances environmental and cultural resources, supports prudent economic development, and lowers operation and maintenance costs over the next 50 years. The initiative builds upon the State's ongoing flood management workJ especially progress made since Governor Arnold Schwarzenegger called for improved maintenance, system rehabilitation, effective emergency response, and sustainable funding. i Interagency Ecological Program (IEP)Pelagic Organism Decline (POD) Studies These documents will describe actions that will attempt to stabilize the ecosystem in the Delta and address the pelagic organism decline. There are two products: The Pelagic Fish Action Plan and the POD Synthesis Report. The plan includes actions that address the three possible categories of courses of the ecosystem decline being evaluated by the POD Team—water project operations, contaminants, and invasive species. I I I i 5 I I I I i I The Great California Delta Trail System Recognizing the unique natural resources of the Sacramento-San Joaquin Delta, the growing demands for public access to these resources, and the increasing recognition of the importance of outdoor recreation in addressing childhood obesity, the California Legislature passed, and the Governor signed, Senate Bill 1556 (Senator Torlakson)lsupporting the creation of a Delta trail network. The vision is for the trail to link the San Francisco Bay Trail system and planned Sacramento River trails in Yolo and Sacramento counties to present and future trail ways around and in the Delta, including Delta shorelines in Contra Costa, San Joaquin, Solano, Sacramento, and Yolo counties. The Delta Protection Commission will facilitate the feasibility and planning process, which will include a Stakeholder Advisory Group and Technical Advisory Group. A consulting team, consisting of Valley Vision and Alta Planning and Design, has been selected through an RFP process to assist the Commission. A large grant proposal has been submitted to Caltrans for Delta trail planning. Lower Yolo Bypass Planning Forum The Lower Yolo Bypasslis the most downstream portion of the Yolo Bypass (Bypass), a massive levied floodway located west the Sacramento River and within Yolo and Solano'counties. The Bypass provides flood conveyance for the cumulative high flows from several northern California waterways to the Sacramento-San Joaquin River Delta (Delta). In addition to flood conveyance, the Bypass provides criticall habitat to a variety of species including numerous bird species and threatened and endangered fish such as the Delta Smelt and Sacramento Splittail. The Bypass also provides recreation opportunities, including widespread hunting and fishing use. To address these issues (and with generous funding support from the California Department of Fish and Game), the Delta Protection Commission and the Yolo Basin Foundation are co-sponsoring The Lower Yolo Bypass Planning Forum. The Forum will seek to achieve what no single affected stakeholder and associated agency/organization has achieved to date; the collaborative creation of a mutually beneficial, mutually agreed on, long-range management strategy for the Lower Bypass. The Forum Group will be comprised of representatives from national, state, and local government agencies, as well as private land owners and recreation;enthusiasts. Participation is completely voluntary and based on the assumption that'all interest groups will be given equal weight in the decision/recommendation making process. I I 6 I I Operations Criteria and Plan ESA Consultation (OCAP) The Operations Criteria and Plan (OCAP) ESA consultation addresses ongoing Central Valley and State Water Project operations and future proposed changes. The U.S. Bureau of Reclamation formally consults on several new actions, such as the Freeport Diversion Project and the Delta Mendota Canal/California Aqueduct Intertie. There is also consultation on the operation of South Delta Improvement Project (SDIP) stage 1 permanent gates among other projects. The OCAP consultation is not a decision making process, but rather analyzes the effects of proposed operation on listed species. It involves issuing a Biological Assessment(BA) followed by the U.S. National Marine Fisheries Service and U.S. Fish and Wildlife Service issuing Biological Opinions (BOs) on delta smelt, salmon, green sturgeon, and steelhead and conference on the longfin smelt. Decisions on implementing new actions are made in separate project specific planning/environmental compliance processes. PPIC/UC Davis "Comparing Futures for the Sacramento-San Joaquin Delta"Report This project is a follow-up to the Public Policy Institute of California/UC Davis report Envisioning Futures for the Sacramento-San Joaquin Delta,released in February 2007. Thelproject will: (i) compare promising Delta,solutions in terms of ecosystem, water quality, and economic outcomes under different scenarios of climate change, (ii) assess the regulatory implications of different management alternatives, and(iii) provide a framework and tools for choosing among alternatives under uncertainty. Analytical tools and information resources include hydrodynamic modeling of water management scenarios,hydro-economic models of water delivery quantity and quality costs and benefits, and interviews and workshops with experts on the Delta ecosystem, water quality management, and the regulatory environment. Products will include a short report for a policy audience and several technical appendices. The target publication date is June 2008. Some intermediate results may be available earlier for discussion. Sacramento County General Plan Update This project consists of the adoption of an updated General Plan for the County of Sacramento (Control Number 02-0100. This Plan is intended to guide the growth and development of the County through the year 2030, and supports the Sacramento Area!Council of Governments' Blueprint Vision for regional land use and transportation. The County's existing General Plan was adopted by the Board of Supervisors in 1993 and is approaching its time horizon of 2010. After conducting extensive public outreach and coordinating with various agencies, organizations and jurisdictions at the federal, state, and local level, the County unveiled the Public Review Draft of the General Plan on November 8, 2006. The Board of Supervisors then held additional public workshops to review the key themes of the General Plan, to receive and consider additional input from the public and other stakeholders, and to make changes to the draft General Plan. On May 30, 2007, the Board adopted a Resolution (No. 2007-0698) to transmit the Draft General Plan to the Department of Environmental Review and Assessment (DERA) to begin the environmental analysis of the Draft Plan. i i i I 7 I i San Francisco Bay ConservatiI n and Development Commission (SF BCDC) Bay Plan Updates The Bay Plan was completed and adopted by the San Francisco Bay Conservation and Development Commission in 1968 and submitted to the Legislature and Governor in 1969. In 1969, the Legislature acted upon the Commission's recommendations in the Bay Plan and revised the McAteer-Petris Act by designating the Commission as the agency responsible for maintaining and carrying out the provisions of the Act and the Bay Plan for the protection of the Bay and its great natural resources and the development of the Bay and its shoreline to their highest potential with a minimum of Bay fill. To keep pace with changing conditions and to.incorporate new information concerning the Bay, the McAteer-Petris Act specifies that the Commission should make a continuing review of the Bay Plan and may amend or make other changes to the Bay Plan provided the changes are consistent with provision of the Act. Since its adoption by the Commission in 1968, the Bay Plan has been amended periodically and the Commission continues to systematically review the Plan to keep it current. San Francisco Estuary Proje It(SFEP) 2007 Comprehensive Conservation and Monitoring Plan (CCMP) The San Francisco Estuary Project has completed an Update to its 1993 Comprehensive ConserIVation and Management Plan (CCMP). The Estuary Project's Implementation Committee recently adopted the revised CCMP which was based on input from more than 80 representatives from federal and state agencies, local governments, environmental groups, business and industry, academia, and the public. The 2007 Draft CCMP is being forwarded to the Estuary Project's Executive Council for review and expected concurrence. The 2007 Draft CCMP contains many actions pertinent to the protection and restoration of San Francisco Bay and the Sacramento-San Joaquin Delta. It seeks to achieve high standards of water quality, including restoration and maintenance of a balanced indigenous population of fish, shellfish and wildlife, and recreational activities in the estuary, and assure that the designated uses of the estuary are protected. The S.F. Estuary Project is one of over 20 Estuary Projects established by the National Estuary Program to protect and improve the water quality and natural resources of estuaries nationwide. It was formed in 1987 as a cooperative federal/state/local program to promote effective management of the San Francisco Bay-Delta Estuary. The Estuary Project is financed by federal appropriations under the Clean Watery Act and matching funds from the state and local entities. San Joaquin County General Plan Update San Joaquin County is just beginning the comprehensive update of the General Plan for the unincorporated areas of the County. It is anticipated that the process I i g will take three to five years. The current General Plan was adopted in 1992 and is effective through 2010. The General Plan expresses the long-range public policy to guide the use of private and public lands in regards to development and resource management. The Housing Element will be updated in 2009 and will be ated General Plan. The General Plan will include incorporated into the upd required elements addressing land use, circulation, safety, noise, open space, and conservation, and will, also, address agriculture and climate change. San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) The key purpose of the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP or Plan), is to provide a strategy for balancing the need to conserve Open Space and the need to Convert Open Space to non-Open Space uses while protecting the region's agricultural economy; preserving landowner property rights; providing for the long-term management of plant, fish and wildlife species, especially those that are currently listed, or may be listed in the future, under the Federal Endangered Species Act (ESA) or the California Endangered Species Act (CESA); providing and maintaining multiple-use Open Spaces which contribute to the quality of life of the residents of San Joaquin County; and accommodating a growing population while minimizing* costs to Project Proponents and society at large. f Solano Habitat Conservation Plan In March 1999, the United States Fish and Wildlife Service (USFWS), in accordance with Section 7 of the Federal Endangered Species Act (ESA) of 1973 (as amended), issued a Biological Opinion(BO) regarding the Solano Project Water Service Contract'Renewal between the United States Bureau of Reclamation and the Solano County Water Agency (SCWA). In the BO, USFWS asked SCWA to consider undertaking a Habitat Conservation Plan to address impacts to endangered species by the Solano Project, SCWA agreed to do so. The Solano Project is the Reclamation project that makes water available to SCWA and its contractors. The 25-year contract between the United States Bureau of Reclamation and SCWA provides for continued delivery of Solano Project water for agricultural, municipal, and industrial purposes throughout the SCWA contract service area. The purpose of the Solano HCP is to promote the conservation of biological diversity and the preservation of endangered species and their habitats consistent with the recognition of private property rights; provide for a healthy economic environmentifor the citizens, agriculture, and industries.. and allow for the on-going maintenance and operation of public and private facilities in Solano County. The Solano HCP is a county-wide Conservation Plan, covering 580,000 acres, 71 species, four Natural Communities, and has fourteen Plan Participants. The Draft Solano HCP describes the measures, monitoring, and adaptive management necessary, to conserve the important biological resources of Solano County. 9 Solano County General Plan Update A comprehensive update'to the Solano County General Plan to guide both development and conservation within the unincorporated county through 2030. The program will update ithe Land Use Element, Circulation Element, Conservation Element, Open Space Element, Noise Element and Safety Element. These General Plan elements and along with the existing Housing Element and Park and Recreation Element will be consolidated into a new single comprehensive General Plan document. The new General Plan will be organized by topics rather than by separate individual elements. South Sacramento Habitat Colnservation Plan (HCP) The South Sacramento Habitat Conservation Plan (SSHCP) is a regional approach to addressing issues related to urban development, habitat conservation, open space protection and agricultural protection. The SSHCP will consolidate environmental efforts to protect and enhance wetland (primarily vernal pools), aquatic, and upland habitats to provide ecologically viable conservation areas. It will also minimize regulatory hurdles and streamline the permitting process for projects that engage in development or covered activities. The SSHCP Study Area encompasses approximately 341,249 acres within south Sacramento County and includes the cities of Elk Grove, Galt and Rancho Cordova. The geographical boundaries of the Study Area are U.S. Highway 50 to the north, Interstate 5 to the west, the Sacramento.County line with El Dorado and Amador Counties to the east, and San Joaquin County to the south. The Study Area excludes the City of Sacramento, the City of Folsom and Folsom's Sphere of Influence, the Sacramento-San Joaquin Delta, and the Sacramento County community of Rancho Murieta. State Water Resources Control Board (SWRCB) Bay-Delta Strategic Workplan Op_December 4, 2007, the State Water Board adopted Resolution 2007-0079 outlining regulatory actions the State Water Board, Central Valley Regional Water Board, and San Francisco Bay Regional Water Board will take, or will consider taking, to address Bay-Delta issues related to water supply, species protection, and water quality improvements. The resolution directs Water Board staff to develop a strategic workplan by June of 2008 for the proposed action items that prioritizes and describes the scope of Bay-Delta activities. i Suisun Marsh Charter Implementation Plan (SMP) The SMP and its accompanying Programmatic Environmental Impact Statement/Report (PEIS/EIR) will develop, analyze, and evaluate potential I 10 i environmental benefits and impacts resulting from various actions necessary in the Suisun Marsh to preserve and enhance managed seasonal wetlands, implement a comprehensive levee protection/improvement program, and protect ecosystem and drinking water quality, while restoring habitat for tidal marsh-dependent sensitive species, consistent with the California Bay-Delta Program's strategic goals and objectives. US Army Corps of Engineers (I CE) Delta Dredged Sediment Long-Term Management Strategy (LTMS) The.five initial participating agencies (U.S. Army Corps of Engineers,U.S. Environmental Protection Agency, California Department of Water Resources, California Bay-Delta Authority, and Central Valley Regional Water Board) agreed to examine the sediment issues and needs within the Delta. The participating agencies drafted a three-part project purpose statement: • The Delta Dredged Sediment LTMS development process will examine and coordinate dredging needs and sediment management in the Delta to assist in maintaining and improving channel function(navigation,water i conveyance,flood control,and recreation),levee rehabilitation.and ecosystem restoration. • Agencies and stakeholders will work cooperatively to develop a sediment management plan (SMP or LTMS)that is based on sound science and protective of the ecosystem,water supply, and water quality functions of the Delta. • As part of this effort,the sediment management plan will consider regulatory process improvements for dredging and dredged material management so that project evaluation is coordinated,efficient,timely,and protective of Delta resources. US ACE Delta Levees and Islands Feasibility Study Given the serious need to reconstruct Delta levees, the USACE developed action strategies to address levee improvements and assigned priorities that could be carried out under the CALFED Act(PL 108-361, 22004) through 2010. This is known as the short-term CALFED Levee Stability Program. The long-term strategy for the Delta levees will be developed as part of the Sacramento-San Joaquin Delta Islands and Levees Feasibility Study. This study will assess existing and future flood risks in the Delta area, as well as ecosystem restoration, recreation, and water supply needs, and develop a comprehensive vision and roadmap for future Federal.participation in the Delta. The plan, in conjunction with California Department of Water Resources' Delta Risk Management Study, will address remaining!levee stability work beyond the $90 million Federal effort authorized in the CALFED Act. See US ACE CALFED Levee Stability Program. US ACE CALFED Levee Stability Program Given the serious need to reconstruct Delta levees, the USACE developed action strategies to address levee improvements and assigned priorities that could be 11 i carried out through 2010 under the CALFED Act(PL 108-361, 2004),which authorizes the appropriations of a total of$90 million from FY 2005 through FY 2010 for the Federal share of levee project categories (see below). These strategies are known as the short-term CALFED Levee Stability Program, whose purpose is to move quickly to implement high priority levee reconstruction projects within the Section 205 Small Flood Control Projects funding limit($7 million per project and assuming that cost-sharing is 65 percent Federal and 35 percent non-Federal). The long-term strategy for the Delta levees will be developed as part of the Sacramento-San Joaquin Delta Islands and Levees Feasibility Study. Project categories in the CALFED Act include(1) reconstructing Delta levees to base level protection; (2) further enhancing the stability of levees that have State-wide importance; (3) developing best management practices to control subsidence; (4) developing a Delta levee emergency management and response plan to enhance emergency and readiness response; (5) developing a DRMS after assessment of the consequences of potential Delta levee failures; (6) reconstructing Delta levees using dredged materials to the maximum extent practicable; (7) coordinating levee projects with existing levee and water resources projects; and (8) evaluating and rehabilitating the Suisun Marsh levees, if appropriate. US Fish and Wildlife Service I J FWS)Delta Native Fishes Recovery Plan This recovery plan is intended to fulfill one of the primary purposes under section 2 of the Endangered Species Act of 1973 —to provide a means for the conservation of ecosystems upon which endangered and threatened species .depend. Accordingly, the purpose and scope of this recovery plan is to outline a strategy for the conservation and restoration of Sacramento-San Joaquin Delta native fishes through thIe development of recovery measures that address the unique biological capabilities and needs of the species and the specific threats to their existence. Addressing the Delta ecosystem as a whole is a difficult proposition, considering its biotic and physical complexity and the fact that it has been, and continues to be, highly altered by human activities (Moyle, P.B., and B. Herbol.d, 1989. Status iof the Delta smelt, Hypomesus transpacifi.cus. Report submitted to Office of Endangered Species, US FWS, January 1989). The fish fauna of the Delta is inI a state of general decline. Of the forty or so fish species in the present assemblage, approximately half are introduced, with the introduced species tending to be the most abundant while native species become an increasingly minor part of the assemblage (Moyle 2002, Inland Fishes of California, University lof California Press, p 35). The most practical way to develop recovery or restoration.recommendations that would take into account the complexity of the Delta ecosystem is to work with a selected group of fishes. Species addressed in this plan include: delta smelt, longfin smelt, Sacramento splittail, and Sacramento perch. The basic objective of the Delta Native Fishes Recovery Plan is to establish self-sustaining populations of the species of concern that will persist indefinitely. The basic strategy for recovery is to manage the estuary in such a 1_ i i way that it is better habitat for aquatic life in general and for the fish species of concern in particular. Restoration of the Delta ecosystem may also include efforts to reestablish the extirpated Sacramento perch. .US FWS Longfin Smelt Petition The Bay Institute, Center for Biological Diversity, and Natural Resources Defense Council formally request that the U.S. Fish and Wildlife Service(USFWS) list the San Francisco Bay-Delta population of longfin smelt (Spirinchus thaleichthlys) as an endangered species under the federal Endangered Species Act, 16 U.S.C. §§1531-1544 (ESA). Petitioners further request that the USFWS review whether the population warrants emergency listing; and if so, that the USFWS use its authorities under 16 U.S.C. §1533(.b)(7)to list the population as endangered on an emergency basis. In the alternative,petitioners request that the USFWS list this longfin smelt population las a threatened species under the ESA. The petitioners also request that critical habitat be designated concurrent with the listing, as required by 16 U.S.C. 1533(b)(6)(C). This petition is filed pursuant to the authorities of 5 U.S.C. §553(e), 16 U.S.C. §1533(b)(7) and 50 C.F.R. part 424.14. The USFWS has jurisdiction over this petition. This petition sets in motion a specific administrative process as defined by §I533(b)(3) and 50 C.F.R. §424.14(b),placing mandatoryresponse requirements on the USFWS and very specific time constraints upon those responses. US National Marine Fisheries Service Central Valley Salmonids Recovery Plan The NOAA Fisheries Technical Recovery Team (TRT)met for three years and Phase I of the recovery planning process is complete. The TRT produced three papers on 1)current and historical population distributions 2) population viability, and 3) research and monitoring needs. These papers, as well as other recovery planning information can be accessed through linkages on NOAA Fisheries Recovery Planning webpage at http:iswr.ninfs.n.oaa.<,cwirecover�. Phase II of recovery planning is well underway, initiated in summer 2006 with a series of public workshops to educate attendees about the recovery planning process and collect threats information for winter and spring-run Chinook salmon and Central Valley steelhead. NOAA Fisheries is in the process of completing a threats!assessment document that serves as the foundation of the recovery plan, along with the TRT products. Concurrent with completing the preliminary threats assessment, a second series of public workshops were held in May 2007,building on11 the (preliminary)prioritized threats information to start developing recovery aetions that are responsive to these threats. Drafting of the recovery plan, including the input from all public workshops, is underway. NOAA Fisheries' intent is to provide a draft recovery plan and threats assessment for public and peer review in early to mid-2008. It is also NOAA Fisheries' intent to continue to hold public workshops to introduce the draft recovery plan not only to solicit public comm ents but also to facilitate implementation of recovery actions. l i 13 i Yolo County General Plan Update The Yolo County General Plan provides the comprehensive long-term plan for the physical development of the County. The County's General Plan does not apply to the four incorporated cities—each Yolo County city has its own General Plan independent from the County. In May of 2003 the Board gave direction to begin the process of updating the General Plan. The General Plan was last comprehensively updated in 1983 based on the County's original General Plan from 1958. While the County's fundamental land use goals (such as promoting agriculture and directing urban growth to the cities)have not changed,the circumstances facing the County have changed dramatically since the early 80's. Perhaps the most prominent change is that, for a number of reasons, the County's economic health has fallen dramatically. There have also been significant demographic changes, for,example the fact that increasingly many of the citizens living in our rural areas have no ties to agriculture. The agricultural sector has changed as well, with new regulations, economic forces, environmental issues, and crop patters emerging regularly. This update allows the County to examine these issues is a comprehensive manner. Yolo Natural Heritage Program The Yolo County NCCP/HCP Joint Powers Agency ("JPA") was formed in August 2002 for the purposes of acquiring Swainson's hawk habitat conservation easements and to serve as'the lead agency for the preparation of a county-wide Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP), now known as the Yolo Natural Heritage Program. The JPA governing Board is composed of representatives from member Agencies, which include two members of the Yolo County Board of Supervisors, one member each from the City Councils of Davis, Woodland, 'Vest Sacramento and Winters, and one ex-officio member from UC Davis. The Yolo Natural Heritage Program is a county-wide Natural Communities Conservation Plan/Habitat Conservation Plan(NCCP/HCP) for the 653,629 acre planning area that provides habitat for many special status and at risk species found within f ve dominant habitats/natural communities. The Yolo Natural Heritage Program will describe the measures that will be undertaken to conserve important biological resources, obtain permits for urban growth and public infrastructure projects, and continue Yolo County's rich agricultural heritage. 14 Attachment 5 The Board of Supervisors Contra John Cullen County Administration BuildingC®�t^ Clerk of the Board 651 Pine Street, Room 106 d and Martinez,California 94553-1293 County County Administrator John Gioia,1st District. Gayle B.Uilkema,2nd District Mary N.Piepho,3rd District Susan A.Bonilla,4th District �;%� \\. Federal D.Glover,5th District April 1, 2008 Mr Lester Snow,Director California Department of Water Resources P.O. Box 942836 Sacramento, CA 94236 Dear Mr. Snow: The Contra Costa County Bol rd of Supervisors authorized this letter to convey our extreme concern that, through the Bay Delta Conservation Plan, a peripheral canal project is moving ahead without equal attention to all of the broader considerations, such as improved water quality and al healthier ecosystem that are included as part of the Delta Vision process. To move ahead with one component of the greater overall plan without the other, equally important components is contrary to the Delta Vision process, and could have the effect of breaking up the fragile consensus process that the Vision has achieved, and take us back to our days of conflict and competing water priorities. We strongly urge you to resist putting some components of the overall plan ahead of the other, equally important components. As the Delta Vision has stated, "a comprehensive vision, together with integrated and linked actions, is the key to success...Our recommendations are integrated, designed to work together as a whole to achieve success." We would appreciate your consideration of the Vision approach,where all components can move ahead together. Iflyou have questions, or desire additional information,please contact Supervisor Mary Piepho, or her Chief of Staff, Tomi Van de Brooke at (925) 820- 8683. Sincerely, Federal Glover, Chair Board of Supervisors