DPC Minutes 2025-07-17

    Meeting Minutes
    Delta Protection Commission

    Thursday, July 17, 2025, 5-7 p.m. (end time is approximate)
    The Point Restaurant
    120 Marina Dr, Rio Vista, CA  94571

    Agenda

    1. Call to Order and Flag Salute

    Chair Diane Burgis called the meeting to order at 5:14 p.m.

    2. Welcome and Roll Call

    Commission Clerk Heather McClure called the roll. Present at roll call: Chair Burgis, Commissioners Oscar Villegas, Pat Hume, Sonny Dhaliwal, David Kent, Tom Slater, Shannon Shaw (for Anissa Williams), Christine Birdsong (for Karen Ross), and Gloria Sandoval (for Wade Crowfoot). Vice Chair John Vasquez and Commissioners Cameron Bregman, Dean Ruiz (for South Delta Reclamation District), Jim Paroli, Toks Omishakin, and Brian Bugsch (for CA State lands Commission) were absent with no alternate present.

    At this time, a quorum was present.

    It was noted that Gary Prost (for ex officio Senator Jerry McNerney) arrived at 5:18 p.m. and Dotty Nygard (for ex officio Assemblymember Rhodesia Ransom) arrived at 5:19 p.m., both during Item 5.

    3. Public Comment – an opportunity for members of the public to address the Commission regarding items not on the agenda

    Chair Burgis asked for public comment and there was none.

    Consent Agenda

    4. Approval of Draft May 15, 2025, Meeting Minutes

    Motion: It was moved by Commissioner Villegas and seconded by Commissioner Sandoval to approve the May 15, 2025, meeting minutes; in a voice vote, the motion passed 9-0-0, all Commissioners present voting aye.

    Regular Agenda

    5. Report on Delta Stewardship Council Activities – Chair Diane Burgis

    Chair Burgis reported the Stewardship Council awarded $5.9 million for eight scientific studies and an additional amount for two more, totaling over $7.8 million. The funded projects address key Delta issues like tidal marsh restoration, harmful algal blooms, subsidence, carbon emissions, and endangered fish recovery efforts.

    Chair Burgis asked for public comment and there was none.

    6. Report on Delta Protection Advisory Committee (DPAC) Activities – Anna Swenson (DPAC Chair)

    This item was postponed until DPAC Chair Swenson could be present.

    7. Report on National Heritage Area Advisory Committee (NHAAC) Activities – Elizabeth Patterson (NHAAC Vice Chair)

    Elizabeth Patterson provided a brief review of the NHAAC discussion surrounding funding sources. This includes the Heritage Partnership Program (HPP), which provides regular federal funding administered through the National Parks Service, and various potential funding sources as identified in Appendix H of the NHA Management Plan. She reported that the Advisory Committee had proposed that the Commission authorize the formation of a 501(c)(3) nonprofit public benefit corporation. The purpose of this nonprofit would be to secure funding from private and grant sources to implement the National Heritage Area Management Plan. A second part of the proposal was to explore an agreement with local jurisdictions within the NHA to share a portion of their transient occupancy tax (TOT) to support tourism and visitor-related initiatives. These ideas are intended to create financial stability amidst uncertain government funding, particularly this current fiscal year.

    The Commission expressed support for the Committee to continue exploring the formation of a 501(c)(3) and a TOT funding strategy and expects a more solidified and detailed proposal to be brought back for future consideration.

    Chair Burgis asked for public comment and there was none.

    8. Executive Director’s Report – Dan Ray, Interim Executive Director

    Interim Executive Director Ray presented a budget update that showed a surplus due to a major contract being delayed until the new fiscal year. He reported the NHA is anticipating up to $500,000 in federal funds, which will allow for hiring an interpreter and to convert the NHA part-time public information officer to full-time. New partnership agreements have been signed with Contra Costa County Historical Society, East Bay Regional Park District, and the Clarksburg Schoolhouse to expand the Passport Program. He announced the NHA’s Management Plan won an Award of Excellence from the Sacramento Valley Section of the American Planning Association. Lastly, he drew attention to an article on the benefits of rice farming in the Delta, written by DPC Information Officer Holly Heyser, which has gained significant attention, including being picked up by Maven’s Notebook.

    Chair Burgis asked for public comment and there was none.

    9. Consider Approval of Appointment to Delta Protection Advisory Committee (DPAC) – Dan Ray, Interim Executive Director

    Interim Executive Director Ray reported on the resignation of Member Gary Mello due to his relocation out of state. He recommended appointing Jeff Iniguez to the vacant seat, noting Iniguez’s more than seven years of farming experience and his Yolo County location, which would provide a valuable and diverse perspective to the Committee and complement the existing members.

    Chair Burgis asked for public comment and there was none.

    Motion: It was moved by Commissioner Slater and seconded by Commissioner Villegas to appoint Jeff Iniguez to the Delta Protection Advisory Committee; in a voice vote, the motion passed 9-0-0, all Commissioners present voting aye.

    10. Consider Approval of Striped Bass Slot Limit Proposal Letter – Virginia Gardiner, Program Manager

    Virginia Gardiner explained the Delta Protection Advisory Committee forwarded a request for the Commission to support a proposed change to the striped bass fishing regulations, which was initially brought forward by the Striped Bass Association. DPAC requested the Commission approve and send a letter to the California Fish and Game Commission supporting a proposed slot limit for striped bass of 18 inches minimum to 30 inches maximum. The letter would also acknowledge existing uncertainties and the need for additional research on fish populations, for which there is currently no funding.

    The Commission discussed the proposal, which aims to improve the striped bass population. The rationale is that larger striped bass prey on larger fish, so the limit would protect smaller species like delta smelt and salmon. Concerns were raised about the potential impact on native salmon, given that striped bass are not endemic to the Delta. It was noted that some biologists suggest water quality and flows are more significant factors affecting salmon survival than striped bass predation. The Commission acknowledged the lack of funding for further research but considered that supporting the proposal was unlikely to cause harm and would help balance recreational and biological interests.

    Chair Burgis asked for public comment and there was one:

    • Elizabeth Patterson cited research from FishBio indicating that predation by striped bass is a significant factor in salmon population decline and noted that California is unique in having a limit on the number of fish that can be taken.

    Motion: It was moved by Commissioner Hume and seconded by Commissioner Villegas to approve the Striped Bass Slot Limit Proposal Letter; in a voice vote, the motion passed 9-0-0, all Commissioners present voting aye.

    11. Delta Farmland Conversions: Water Supply, Flood Control, and Habitat Projects – Rachel Vanderwerff, Senior Environmental Planner

    Rachel Vanderwerff presented a preliminary report on Delta farmland conversions resulting from water supply, flood control, and habitat projects since 2013. The study, guided by the Delta Protection Act, has so far reviewed 23 projects and found that approximately 36,186 acres of farmland—about 8% of Delta farmland, with 95% zoned for agriculture—have been converted or are planned for conversion. Prime farmland was the most affected. The report also highlighted the economic and cumulative impacts of these conversions, sparking discussion on the long-term sustainability of Delta agriculture and the need for a more comprehensive approach to balance restoration goals with the agricultural economy. Her key findings included the number of projects by county, the significant role of the Department of Water Resources as a project sponsor, and that 57% of projects studied were outside of designated Priority Restoration Areas, indicating a need for more strategic siting.

    Vanderwerff also noted the Delta Conveyance Project would impact about 2,340 acres of farmland directly, mostly prime farmland, and require an additional 3,500-9,722 acres of tidal habitat restoration for mitigation, potentially affecting a total of 5,840-13,018 acres.

    The report will incorporate feedback from two public workshops that were held in July with farmers and other stakeholders. Their feedback underscored concerns about big-picture issues like low crop prices, high operations costs, and the financial stability of reclamation districts responsible for levee maintenance. Her intention is to post the draft report online for a two-week public comment period and then present the final version to the Commission in September.

    Executive Director Ray followed by facilitating an in-depth discussion for input on how to shape the final version of the report.

    Concerns were raised about the complexity of the issues, including how “prime farmland” is defined, the unintended consequences of land use policies (such as agricultural preserves), the impacts of the conservation economy, and the need for a more holistic view of the various impacts.

    The initial proposal for a two-week public review of the draft report was deemed too short by several Commissioners and that more time was needed to allow various state and county agencies to provide thoughtful feedback. Six weeks or forty-five days was found to be reasonable. A counterpoint was made to avoid “review by overkill” by setting clear boundaries for this report, while also proposing that farmland conversion analysis become a regular, recurring report to track changes over time.

    Chair Burgis asked for public comment and there were two:

    • James Newcomb, Deputy Director of Natural Infrastructure and Ecosystem Resilience for Department of Water Resources, stated that his agency measures success in terms of delivering multi-benefit projects—specifically, with habitat projects, how they address subsidence and flood risk in the Delta. He recommended that the report highlight indirect benefits to agriculture, such as flood risk reduction, explaining that while some land conversion is unavoidable in tidal marsh restoration, projects can reduce pressure on levees, thereby supporting the long-term viability of adjacent farmlands. He also expressed support for the 45-day comment period, which allows his agency time to engage the right experts and provide context to help the public assess whether the approach is balanced.
    • Gilbert Cosio of River Delta Consulting stressed the importance of factual accuracy and of identifying the tipping point of agricultural losses in the Delta “before we start to lose the Delta.” He questioned the multi-benefit claims of projects such as Lookout Slough and urged a stronger focus on the long-term goal of preserving the Delta, its way of life, and Delta as a place.

    Executive Director Ray summarized by saying the report’s data will be verified and revised if necessary, and a 45-day public comment period with notification will be sent to all relevant agencies and counties.

    12. Delta Conveyance Project Update – Janet Barbieri, Department of Water Resources

    Chair Burgis announced that she would remain for the presentation but could not be present for the discussion, and that Commissioner Hume would chair the remainder of the meeting in her place.

    Virginia Gardiner introduced the speaker, Janet Barbieri, by first explaining that the purpose of the presentation was to inform the Commission ahead of the anticipated Delta Conveyance Project’s Certification of Consistency with the Delta Plan this Fall.

    Barbieri provided a project background on the Delta Conveyance Project, specifically the Bethany Reservoir Alignment. Key statistics include two new intakes totaling 6,000 CFS, a 45-mile tunnel, and one pumping plant. The project’s operation will be integrated with the State Water Project and aims to mitigate declining water delivery due to climate change. Her presentation detailed the $200 million Community Benefits Program, which she stated is intended to be community-driven and provide long-lasting benefits to the local community impacted by construction. An updated draft of the program’s implementation plan is expected in early August. The permitting process is ongoing, with federal Biological Opinions and the Environmental Impact Statement (EIS) for the National Environmental Policy Act (NEPA) expected by the end of the year, and State Water Resources Control Board (State Water Board) hearings continuing through October.

    It was noted that Chair Burgis left the meeting at 7:51 p.m., along with Commissioner Shaw.

    A discussion followed with Commissioners questioning the cost-benefit analysis of the Community Benefits Program, including whether the $200 million Community Benefit Fund was balanced against project impacts. Barbieri explained that the fund was not intended as a dollar-for-dollar mitigation but as a resource for community-identified projects, and she noted that a revised implementation plan with details on fund distribution and a community-driven process would be released in the coming weeks.

    Commissioners expressed concerns that the project posed risks, including potential saltwater intrusion, and that the financial investment may be too high given the uncertainty of benefits. Additional questions were raised regarding the lack of changes to upstream reservoir operations, even in dry years. Barbieri responded that project operations are designed as part of the aggregate system but acknowledged she did not have a direct answer to that concern.

    In response to a question about storage of excess water, Barbieri stated that water would be managed through a combination of existing above-ground reservoirs and groundwater banking.

    Commissioner Hume asked for public comment and there was none.

    13. Commissioner Comments/Announcements

    Dotty Nygard, on behalf of Assemblymember Rhodesia Ransom, gave an update on AB1042 (Managed Honeybee Health Program), which would establish a program at the Department of Food and Agriculture to support pollinator health, has received unanimous bipartisan support and is now before the Senate Appropriations Committee.

    She also noted that Assemblymember Ransom’s request for an audit of the Department of Water Resources’ Delta Conveyance Project failed to advance after the State Senate declined to agendize the item at the July 15 Joint Legislative Audit Committee meeting. A coalition of supporters will continue efforts to hold them accountable.

    14. Adjourn

    Commissioner Hume adjourned the meeting at 8:13 p.m.