HomeMy WebLinkAboutMINUTES - 06172008 - SD.6 s Contra
TO: BOARD OF SUPERVISORS -`-`
Costa
FROM: John Cullen, County Admini County
srA_cooK'�
DATE: June 17, 2008
SUBJECT: Report on Delta Counties Coalition
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1) ADOPT Board Report and attached Resolution entering into a Coalition with
the other Delta counties for the purpose of articulating mutual interests on Delta
issues (Delta Counties Coalition).
2) ADOPT general positions agreed upon in the Resolution by the counties and
communicate these positions to relevant parties.
3) AUTHORIZE use of our lobbyist in advocating our positions as they are
developed.
FISCAL IMPACT:
There is no fiscal impact associated with the above actions.
JJ LLA4.-I.,
CONTINUED ON ATTACHMENT: ❑ YES ❑ NO SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON '1�, v,�� l7 APPROVED AS RECOMMENDED
OTHER
pt��E Iv to n� -A-r1*_H E..D
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS (ABSENT ENTERED ON THE MINUTES OF THE BOARD
YES: NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
ATTESTED
Contact: Roberta Goulart(925-335-1226) JOHN CULLEN, CLERK OF THE
cc: Department of Conservation and Development BOARD OF SUPERVISORS AND
Community Development Division (CDD) COUNTY ADMINISTRATOR
County Administrator's Office
Public Works Department— Mitch Avalon BY DEPUTY
County Counsel
Report on Delta Counties Coalition
June 17,2008
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS:
On several occasions the Board has requested that the County Water Agency work with the
other Delta Counties to develop issues of mutual concern. Toward this end, Water Agency
staff has been communicating with the Delta Counties on a regular basis. More recently,
the County Administrators of each of these counties have also been in regular
communications, and a Technical Advisory Committee(TAC)of staff from each county was
formed to provide background for the group. The conversations among the counties have
been particularly important as some of the Counties were not fully aware of the threats to
the delta, or recent state actions. At the urging of Supervisor Mike McGowan of Yolo
County, a meeting was arranged and held in Sacramento on May 22, 2008, attended by
County Supervisors, County Administrators, and staff from each of the five delta counties
(an attendance list is attached). The TAC Group prepared a list of several topic areas for
discussion, and provided a white paper for each of these topics as background for the
meeting (also attached).
The meeting provided a productive forum for the elected officials to discuss issues of
concern and mutual interest. There was agreement among the Counties to form a
Coalition, to enable the Counties to voice concerns as a group, and perhaps be more
effective as a result. The Coalition is based initially on eleven basic principles(listed below
and in resolution) and the counties would communicate and advocate for these common
positions. After the Resolution is approved by the five Counties, a joint letter will be
provided to relevant legislative committees, and to the Delta Vision Blue Ribbon Task
Force, informing them of the establishment of the Coalition and the agreed-upon positions.
Each county will engage their respective advocates in these activities at the state and
federal level, as appropriate. The Delta Counties Coalition agreed to meet again, to
discuss Coalition next steps, which may include formation of a County panel of speakers at
a future Delta Vision Blue Ribbon Task Force meeting, among other things. The agreed-
upon principles are consistent with existing County policy and are as follows;
Management of the Sacramento-San Joaquin River Delta and greater Bay/Delta Estuary
must:
1 . Protect and improve water quality and water quantity in the Delta region and
maintain appropriate Delta outflow for a healthy estuary;
2. Protect the existing water right priority system and legislative protections
established for the Delta;
3. Respect and safeguard Delta Counties' responsibilities related to land use, water
resources, flood management, tax revenues, public health and safety, economic
development, agricultural stability, recreation, and environmental protection in
any new Delta governance structures;
4. Represent and include local government in any new governance structures for
the Delta;
5. Protect the economic viability of agriculture and the ongoing vitality of
communities in the Delta;
6. Support rehabilitation, improvement and maintenance of levees throughout the
Delta;
7. Support the Delta pool concept; in which the common resource provides the
same quality freshwater supply to all delta users, requiring mutual responsibility
to maintain, restore and protect the common resource;
8. Support immediate improvements to through-Delta conveyance;
9. Require that any water conveyance plan for the Delta be aligned with the
principles established by this resolution and supported by clearly demonstrated
improvement to the entire state's water management;
10. Protect and restore the Delta ecosystem, including adequate water supply and
quality to support it in perpetuity; and
11. Include the study of storage options and implementation of conservation,
recycling, re-use, and regional self sufficiency as part of a state-wide improved
flood management and water supply system.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 17, 2008 by the following vote:
AYES: GIOIA,UILKEMA,PIEPHO,BONILLA,and GLOVER
NOES. None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/384
SUBJECT: MULTI-COUNTY RESOLUTION ON WATER AND DELTA RELATED )
ISSUES )
This Resolution is effective upon passage by the COUNTIES OF CONTRA COSTA, )
SACRAMENTO, SAN JOAQUIN, SOLANO AND YOLO, political subdivisions of the )
State of California (hereinafter collectively referred to as "the COUNTIES").
The Board of Supervisors of Contra Costa County RESOLVES that:
WHEREAS, the Sacramento-San Joaquin River Delta is at risk from many factors, and in
addressing these threats the state may make large-scale changes to the Delta's legal
boundaries and ecosystem, land use authority within the Delta, water conveyance through and
around the Delta, water rights and water management statewide and many other aspects
related to the Delta;
WHEREAS, the COUNTIES of Contra Costa, Sacramento, San Joaquin, Solano and Yolo
believe there is value in developing a coalition on issues concerning the Sacramento-San
Joaquin River Delta and greater Bay/Delta Estuary;
WHEREAS, the COUNTIES wish to collectively articulate the issues and interests from the
perspective of the Delta region itself, from the people who call the Delta home and perhaps best
understand the tremendous resource the Delta represents;
WHEREAS, the COUNTIES have identified a need for joint action and advocacy in areas of
mutual interest on Delta related issues;
WHEREAS, the COUNTIES wish to educate and maintain positive working relationships with
regional, state and federal governmental agencies and the public on Delta related issues; and
WHEREAS, through this Resolution, the COUNTIES have adopted a statement of basic
principles describing their joint interests, which may be refined over time;
NOW THEREFORE, the COUNTIES agree that:
The COUNTIES adopt this Resolution for the purpose of articulating mutual interests on Delta
issues. The COUNTIES resolve to work together to better understand Delta related issues from
a regional perspective and to use their unified voice to advocate on behalf of local government
in available forums at the federal and state levels. Our mutual interests are as follows.
Management of the Sacramento-San Joaquin River Delta and greater Bay/Delta
Estuary must:
1. Protect and improve water quality and water quantity in the Delta region and maintain
appropriate Delta outflow for a healthy estuary;
2. Protect the existing water right priority system and legislative protections established for
the Delta;
3. Respect and safeguard Delta Counties' responsibilities related to land use, water
resources, flood management, tax revenues, public health and safety, economic
development, agricultural stability, recreation, and environmental protection in any new
Delta governance structures;
RESOLUTION NO. 2008/384
4. Represent and include local government in any new governance structures for the Delta;
5. Protect the economic viability of agriculture and the ongoing vitality of communities in the
Delta;
6. Support rehabilitation, improvement and maintenance of levees throughout the Delta;
7. Support the Delta pool concept; in which the common resource provides quality
freshwater supply to all delta users, requiring mutual responsibility to maintain, restore
and protect the common resource;
8. Support immediate improvements to through-Delta conveyance;
9. Require that any water conveyance plan for the Delta be aligned with the principles
established by this resolution and supported by clearly demonstrated improvement to the
entire state's water management;
10. Protect and restore the Delta ecosystem, including adequate water supply and quality to
support it in perpetuity;
11. Include the study of storage options and implementation of conservation, recycling, re-
use, and regional self sufficiency as part of a state-wide improved flood management
and water supply system.
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND ENTERED
ON THE MINUTES OF THE BOARD OF SUPERVISORS
ON THE DATE SHOWN.
ATTESTED__0 �- o
JO N CULLEPT,Clerk of the Board of
upe isors acid County Administrator
By: , Deputy
RESOLUTION NO. 2008/384
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Delta Counties Coalition
Draft Joint Positions
May 22, 2008
1 . Conveyance
Draft Position
• Endorse "Delta pool" concept
• Through-delta conveyance developed, tested prior to initiation
of isolated conveyance alternatives
Reasons for Position
• The Common delta pool concept is one in which the common
resource provides the same quality freshwater supply to all
delta users, requiring mutual responsibility to maintain, restore
and protect the common resource.
• Through-delta conveyance improvements were never
implemented as planned through CALFED; some of these
improvements can be implemented in the short-term, will
improve the fishery, water quality and reliability; and should be
implemented immediately. Other improvements should be
initiated as well; they will become necessary in a "dual
conveyance" scenario in any case.
• Isolated conveyance will decrease water quality in the delta, by
removing good quality Sacramento River water and leaving
poor quality San Joaquin River water, necessitating changes in
intake locations for many users.
• Plans associated with isolated conveyance activities carry the
threat of significantly decreased water quality in the western
delta and resultant political priorities to only repair/maintain
levees that support Middle River conveyance (as part of an
updated dual conveyance scenario).
Delta Counties Coalition
Draft Joint Positions
May 22, 2008
1. Levee Rehabilitation/Flood Protection
Draft Position
• Support rehabilitation, improvement and maintenance of
levees protecting existing urban areas, areas of lesser
population (not qualifying as `urban') and levees protecting
infrastructure for all beneficial uses (including, not limited
to roads, power lines, roads, railroads, aqueducts, and water
supply) to established standards.
• Establish a minimum level of protection for other levees
throughout the delta to U.S. Army Corps of Engineers (PL
84 99) standard in support of agricultural & other interests.
• Advocate for state and federal funding to support this effort
(beneficiaries also pay).
Reasons for Position
• Preservation of the Delta islands, and their beneficial uses
will require levee rehabilitation to varying standards,
dependant upon use. There is an interest in protecting most
all levees due to their physical inter-relationship.
• State studies have suggested an increased risk to the delta
associated with seismic activity and climate change (sea
level rise, higher tides, risk of flood from increased
precipitation). Costs to rehab levees in these studies were
very high.
• Recent activities by the Governor and his Delta Vision
process and other studies have questioned the continued
existence of the delta in its present island/levee
configuration.
• Major Urban Communities such as Sacramento, West
Sacramento, .Stockton, Lathrop & Manteca are vulnerable to
levee failures.
• Recent cost analyses have shown lower costs (than studies
indicated) and alternative seismic levee rehabilitation
alternatives, making large-scale levee rehabilitation feasible,
particularly when compared to other alternatives.
• In the past, adequate funding has been difficult to obtain for
levee maintenance activities. The ability to obtain State and
federal funding, in conjunction with a `beneficiaries pays'
program is key to rehabilitate levees to higher standards.
• SB5 will revise the State Plan of Flood Control and require a
level of protection of 200 year frequency for many levees.
This will most probably impact the levee standards and
geometry.
1
Delta Counties Coalition
Draft Joint Positions
May 22, 2008
I. Water Quality, Water Quantity and Delta Outflow
Draft Position
• Protect and improve water quality, water quantity and Delta
outflow
Reasons for Position
• San Joaquin river flows have higher levels of salinity and
selenium than Sacramento River water. "Replumbing" the
Delta to reduce Sacramento River outflow or increase San
Joaquin River outflow will result in increased salinity and
selenium in the western Delta.
• Reduced outflows will result in migration of the salt water/fresh
water interface (X2 Zone) eastward from its current location
near Antioch, impacting industrial and municipal water intakes,
and habitat.
• Reduced flows into the Delta increases the concentration of
pollutants and pollutant loading in the Delta waters.
• Increased pollutant loads in Delta waters will result in
modification of water quality standards for County NPDES and
TMDL permits for creeks and streams that discharge into Delta
receiving waters.
• State water management practices focus on moving water
through the Delta from north to south. The life cycle of fish in
the Delta ecosystem requires movement of water from east to
west. Water quantities must increase and/or water
management practices modified to restore fish populations and
ecosystem health in the Delta.
• Reduced Delta flows could result in increased sedimentation in
shipping channels and other Delta waterways resulting in
economic impact for commercial shipping and recreational
boating related industries.
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G:\Admin\Mitch\Delta\Delta Counties Coalition 5-22-08.doc
Delta Counties Coalition
Draft Joint Positions
May 22, 2008
I. Delta Water Rights
Draft Position
• Protect and defend water right priority system and legislative
protections established for the Delta.
Reasons for Position
• A vast number of water users within the Delta beneficially use water
pursuant to riparian and/or overlying rights, which are among the most
senior of water rights in the state, and are duly protected from the
Projects' export operations which are based on junior appropriative
water rights.
• The Watershed Protection Act (Wat. Code, § 11460, et seq.) and the
Delta Protection Act (Wat. Code, § 12200, et seq.) impose
fundamental limitations on the State Water Project and federal Central
Valley Project's ("Projects") ability to transfer "surplus" water from the
Delta watershed to water-deficient areas to the south and west of the
Delta.
• These acts contain the core protections and assurances including the
Delta "common pool doctrine", which the Legislature afforded such
water users when the Projects were initially authorized that the
Projects will indeed be limited to the transfer of water that is truly
surplus to their needs.
• Situated within the Delta watershed, and with a substantial portion of
lands within the boundaries of the "legal Delta" (see Wat. Code, §
12220), Delta Counties must rely on the proper interpretation of these
acts is of paramount importance to all in-Delta water users, both
human and environmental, that depend on water from that watershed.
Protecting agriculture and the economic viability of legacy communities in the Delta
If large tracts of existing farmland are converted for habitat restoration or other
permanent non-agricultural uses, it could devastate the region's agriculture. The ability
to attract processing facilities depends on volume and if a large portion of the existing
and future agriculture is lost, there will never be sufficient economies of scale to develop
the value-added benefits of local production and processing. As an example, in the
Clarksburg area, the wine industry is the future for this "legacy community", and is
vulnerable at present - without the wineries and the attendant tasting and ancillary
facilities, the opportunity to grow this area into a tourist destination would be dealt a
severe blow. As fuel prices continue to increase, the cost of shipping grapes out of the
area will make local crops less competitive for use as blending juice in Lodi or Napa
wines. Without these contracts, vineyards may no longer be an economically feasible
crop in the Clarksburg region.
The re-introduction of habitat into agricultural areas can also be problematic if not
designed and managed correctly. Without buffers bordering the habitat area, adjoining
farmers may not be able to apply pesticides and herbicides in cultivated areas, resulting in
reduced yields and/or more expensive application methods. Increases in migratory bird
species can result in significant crop loss to adjoining farmers as flocks forage,
particularly for grains and grasses. Agricultural infrastructure such as suppliers, seasonal
work crews, and storage/distribution facilities may become less available and more
expensive if economies of scale are reduced through the loss of cultivated land. As a
result, the indirect effects of large scale habitat restoration in the Delta region may be
evident far outside the immediate area.
If large tracts of existing farmland are purchased by the state or federal governments and
converted into habitat, there will be a significant effect on the ability of local agencies to
continue to deliver services to the public. These effects would be particularly acute at a
time when local government is already facing grim challenges as the economy slows, in
the wake of declining real estate values and increasing unemployment and social service
demands. Similarly, a reduction in local property taxes as the result of state land
acquisition for habitat restoration would adversely impact special districts such as fire
protection and reclamation districts, making it increasingly difficult for them to perform
critical functions.
The Counties may consider these principles for protecting their common interests in
Delta agriculture and legacy communities:
• Conversion of prime farmland, unique farmland, and farmland of statewide
importance to non-agricultural uses must be avoided;
• Water quality and quantity for agriculture must be protected;
• Support facilities for agricultural processing and production must be provided; and
• The social fabric and integrity of"legacy" communities must be accorded special
recognition and they must be assisted in achieving economic viability.
Governance
Delta Vision (DV) is working on a governance strategy that will enable the state to
achieve its primary goals: restoring a healthy Delta ecosystem and providing water
supply reliability. The Bay Delta Conservation Plan (BDCP) is also moving forward and
is also working on a governance strategy; it is not clear how these two proposals will fit
together.
Currently, the DV governance work group is proposing three entities to govern the Delta:
one providing oversight on land use; a conservancy; and an entity that will have enough
authority and scope to balance and implement actions needed to protect both the
ecosystem and water supply. DV is also considering a revision of the Delta's boundaries,
though no proposal is currently available. BDCP has not released any information on its
governance proposals.
The Counties may consider these principles for protecting their common interests in
Delta governance:
• Any increase in state authority over land use must be supported by clear evidence
of state interests that 1) must be further protected and 2) this protection cannot be
achieved through existing law and governance structure;
• Changes in Delta boundaries must be supported by clear evidence of state
interests that require such revisions to the boundaries and technical research that
shows the specific reasons for the proposed boundaries;
• New governance structures must preserve Delta County prerogatives related to land
use, water resources, flood management, tax revenues, public health and safety,
economic development, agricultural stability, recreation, and environmental
protection;
• Local government must be represented in any new governance structures for the
Delta;
• A Conservancy should feature these characteristics, at minimum: it should be
separate from regulation; be able to assist in protecting agriculture and the
economic viability of the Delta; and it should be provided a dedicated funding
source;
• Area of origin and existing water rights relative to Delta Counties must be recognized;
and
• Governance should foster the economic vitality of"legacy" communities in the
Delta.
ADDENDUM
June 17, 2008 Agenda Item SD.6
On this day, the Board of Supervisors considered adopting a resolution entering into a Coalition
with the other Delta counties for the purpose of articulating mutual interest on Delta issues, and
adopting general positions agreed upon in the Resolution by the counties and authorizing the use
of the County's lobbyists in advocating the positions as they are developed.
John Cullen, County Administrator, introduced this item and noted that the evolution of the
County's interest in Delta issues has resulted in the collaboration with the other Delta counties in
developing a set of positions, included in the resolution before the Board today.
Supervisor Gioia suggested adding language to the resolution in support of protecting fisheries.
He also asked if the language on item 10 of the resolution, "Protect and restore the Delta
ecosystem, including adequate water supply and quality to support it in perpetuity" could be
clarified. He said that the term "water quality" is usually used in reference to drinking water, and
that in this case the language should refer to the flow and quality of the ecosystem. He also stated
that the language is vague for item 8 of the resolution: "Support immediate improvements to
through-Delta conveyance."
Robert Goulart, Contra Costa County Water Agency, replied that the language had to be broad in
order to get agreement from all five Delta counties. She said the counties are hoping to continue
to refine the points in the resolution.
Mr. Cullen noted that each one of the Delta counties has issues with the resolution that they want
to be able to continue to discuss, but that they all want to be able to move forward with
something in order to get a position on the record for consideration by the State's Delta Blue
Ribbon Task Force.
Supervisor Gioia responded that leaving out the protection of fisheries is a glaring omission and
said he would be uncomfortable supporting the resolution without its inclusion. He said the
resolution comes across as being more business-oriented than business-plus-environment, and
said there should be a balance.
Supervisor Uilkema noted that the Board's Transportation, Water and Infrastructure Committee
(TWIC) also wanted emergency management planning to be included in the resolution. But, she
added, she believes that this resolution is part of an evolving policy. She said this resolution
needs to go forward and progress through the County's upcoming Delta Workshop.
Mr. Cullen said that the process is ongoing and indicated that staff will continue to attend future
meetings with the Delta Counties on an ongoing basis. He said everyone involved agrees that
more work needs to be done. He also said that when the Blue Ribbon Task Force releases its
report the Delta Counties will need to address the points made in the report.
ADDENDUM
June 17, 2008, Agenda Item SD.6
Page 2 of 2
Ms. Goulart said it is the intention of this resolution to keep the individual counties from being
marginalized in the process.
Chair Glover commented that the door is open and dialogue between the Delta Counties can
continue.
Supervisor Piepho said this is one of the most important issues in front of the Board and said we
are trying to open State doors to our input. She said that together,the voices of the Delta
Counties can be bigger and louder. She noted it will be important to find a way to be vocal as
part of the collective and still have our voice as an individual county be heard.
Supervisor Bonilla said she thinks there are opportunities for balance clarification coming up.
Dennis Barry, Conservation and Development Director, suggested the Board consider directing
staff to bring this resolution back to the working group with the indication that the Board
supports the inclusion of. changing the wording where applicable from words like "supply"to
words like "flow"to make it clear the resolution is not referring to drinking water, including
support of the protection of fisheries, and including the support of emergency management
planning. He also suggested the Board could indicate the clarification that it does not intend to
offer flat support of all improvements to through-Delta conveyance.
Roberta Goulart offered the clarification that through-Delta conveyance means main conveyance
through the Delta, rather than isolated, peripheral canal-type conveyance.
By a unanimous vote with none absent, the Board of Supervisors took the following action:
ENTERED into a coalition with the other Delta counties for the purpose of articulating mutual
interests on Delta issues; ADOPTED Resolution No. 2008/384; DIRECTED staff to
communicate to the Coalition the Board's support of modifying language that may appear to
refer to drinking water, including in the resolution a position in support of the protection of
fisheries, a position in support of emergency management planning, and clarification that the
Board does not intend to offer flat support to all improvements to through-Delta conveyance;
SUPPORTED communication of the Resolution to relevant parties; and AUTHORIZED the use
of County lobbyists in advocating these and future positions as they are developed.