DPC Minutes 2025-11-13

    Meeting Minutes
    Delta Protection Commission

    Thursday, November 13, 2025, 5-7 p.m. (end time is approximate)
    The Willow Ballroom, 10724 California 160, Hood, CA

    Agenda

    1. Call to Order and Flag Salute

    Chair Diane Burgis called the meeting to order at 5:08 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, Anissa Williams, David Kent, Cameron Bregman, Tom Slater, Josh Eddy for California Department of Food and Agriculture, Gloria Sandoval for the California Natural Resources Agency, and Brian Bugsch for the State Lands Commission; and Ex Officio designee Gary Prost for Senator Jerry McNerney. At this time, a quorum was present. Commissioner Alternate Mitch Mashburn for Vice Chair John Vasquez arrived at 5:35 p.m.

    Not present were Commissioners Sonny Dhaliwal, Jim Paroli, and Toks Omishakin; Commissioner Alternate Dean Ruiz; and Ex Officio member Assemblymember Rhodesia Ransom.

    Also in attendance were Executive Director Amanda Bohl; Counsel Nicole Rinke; Commission Clerk McClure; and staff members Blake Roberts, Virginia Gardiner, Rachel Vanderwerff, and Holly Heyser.

    Chair Burgis announced that items would be taken out of order to allow her and Commissioner Sandoval to leave the meeting prior to items from which they would be recusing themselves: Items 3, 4, 6, and 9 would be heard first, then items 5 and 10. Items 7 and 8 would not be heard because they were addressed at the November 3, 2025, meeting.

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

    Chair Burgis asked for comments. There was one: Mario Moreno, chair of the Hood Community Council, welcomed the Commission and noted that people appreciate what the Commission does for the Delta and for the National Heritage Area.

    4. Presentation of award by Sacramento Valley Section, American Planning Association for the National Heritage Area Management Plan – Blake Roberts, Program Manager

    Steve Peterson, who serves on the board of the Sacramento Valley Section of the American Planning Association, shared that his organization had presented its Planning Excellence Award to the Commission for its Management Plan for the Sacramento-San Joaquin Delta National Heritage Area. He said the award recognizes projects that demonstrate how planning can help create stronger and more equitable communities, and real change. He said the Management Plan serves as a model for regional heritage planning and connects communities through shared history, stewardship and partnership.

    Chair Burgis asked for Commissioner and public comments, and there were none.

    Closed Session Agenda

    5. The Commission will meet in closed session to discuss potential litigation pursuant to Government Code, Section 11126(e)(2)(B), (e)(2)(C).

    Chair Burgis said there was no need at present for a closed session.

    Consent Agenda

    6. Approval of Draft November 3, 2025 Meeting Minutes

    Chair Burgis said there were no draft minutes for the Commission to approve because staff had been extremely busy and unable to complete them in time for the meeting.

    Regular Agenda

    7. Approval of 2026 Meeting Schedule (if not acted on at 11/3/25 Commission meeting) – Amanda Bohl, Executive Director (action taken on 11/3/25)

    This action was completed on November 3, so no further action was required.

    8. Consideration and Potential Approval of Proposed Consent Agreement with Department of Justice and Delegation of Authority to the Executive Director to Execute the Agreement (if not acted on at 11/3/25 Commission meeting) – Amanda Bohl, Executive Director and Nicole Rinke, Counsel (action taken on 11/3/25)

    This action was completed on November 3, so no further action was required.

    9. Review of the Delta Conveyance Project’s Benefit-Cost Assessment and Economic Implications – Dr. Jeff Michael, Director, Bureau of Business and Economic Research, University of Montana

    Jeffrey Michael, director of the University of Montana’s Bureau of Business and Economic Research, presented highlights of his analysis of the Department of Water Resources (DWR)’s benefit-cost analysis of the Delta Conveyance Project (DCP). Michael noted that prior to joining the University of Montana a year earlier, he had worked for 16 years for University of the Pacific in Stockton, including serving as the executive director of the Center for Business and Policy Research.

    He noted his presentation was an abbreviated version of comments previously made to the State Water Resources Control Board on the same topic. His points included:

    • DWR’s benefit-cost analysis is based on an extreme urban demand growth assumption.
    • DCP water is surplus to projected urban needs.
    • His analysis, using conservative assumptions, led him to conclude net benefits of the project are negative $9 billion, with only 38 cents of benefit for each $1 of cost.
    • If costs escalate 70%, the net benefits would be negative $19 billion, with a 24-cent benefit for each dollar of cost.
    • Cost escalation is likely, and if participating agencies withdraw or default, that could lead to cost-cutting design changes, project abandonment, pressure to relax environmental protections after operation, or diversion of resources from other critical public needs.

    Commissioner Slater asked what is a conventionally accepted cost-benefit ratio. Michael stated typically it is at least 1.

    Commissioner Williams asked how people can know whom to rely on for true population estimates. Michael stated that the Department of Finance estimates are on track, and the scenario used in the 5-year-old DCP benefit-cost analysis is already off by a million people. Commissioner Villegas noted that DOF uses data from local planning agencies.

    Chair Burgis asked for public comment. There was none.

    Before consideration of the next item began, Chair Burgis noted that she was recusing herself and Commissioner Villegas would chair the remainder of the meeting. She then left the meeting.

    Commissioner Sandoval asked to read a statement for the record before she too would recuse herself and leave the meeting: “The purpose of the Delta Conveyance Project is to ensure water reliability for State Water Project supplies to communities in the Bay Area, Silicon Valley, San Joaquin Valley, Central Coast and Southern California to manage risk from climate change, sea-level rise and seismic events in the Delta. Water suppliers throughout the State Water Project service area have been diligently pursuing regional self-reliance, but even with those efforts, reliable state water project supplies will still serve as a core source of clean, cost-effective supplies now and into the future. Overall, the project will advance the coequal goal for the Delta of providing a more reliable water supply for California while not conflicting with the coequal goal of protecting, restoring, and enhancing the Delta ecosystem.” She said she was recusing herself because her agency, the California Natural Resources Agency, is on record supporting the Delta Conveyance Project. She then left the meeting.

    10. Consideration, potential approval, and direction to staff, including any delegation as appropriate, on Commission response to the Department of Water Resource’s Submittal of a Certification of Consistency for the Delta Conveyance Project to the Delta Stewardship Council on October 17, 2025, including four potential options:

    a. Filing appeal with the Delta Stewardship Council;

    b. Submitting comments to the Delta Stewardship Council on any appeals filed by others;

    c. Filing appeal with Delta Stewardship Council and submitting comments to the Delta Stewardship Council on any appeals filed by others;

    d. Taking no action.

    – Virginia Gardiner, Program Manager

    Acting Chair Villegas determined, in consultation with Counsel Rinke, that because the remaining two state representatives on the Commission would abstain from any vote on this matter, that left only seven members who could vote on it, and because statute requires a majority of total Commission membership – eight members – not just a majority of those present, to approve any motion, that the Commission would be precluded from acting on the matter.

    The Commission discussed its options: hearing the staff presentation, discussing next steps, or continuing the meeting to a time when more members could be present. There was a deadline the following Monday for filing an appeal, but not for all of the options that were being presented.

    The Commission took a brief recess to give counsel time to assess meeting continuation options. Upon return, the Commission discussed continuing the meeting to the following Monday.

    Motion: Commission Alternate Mashburn motioned and Commissioner Kent seconded adjourning the meeting to 10 a.m. Monday, November 17, 2025.

    Acting Chair Villegas asked if there was any public comment. There was one: Osha Meserve, shareholder of Soluri Meserve. She said she had been working on an appeal, and recommended that the Commission hear the presentation that evening. She said the staff’s report contained important information, and it might be helpful to hear it that night instead of on Monday.

    Commission members opted to not hear the presentation.

    Vote: On a roll call vote, the motion passed 9-0-0.

    11. Commissioner Comments/Announcements

    Commissioner Villegas, acting as chair, asked if there were any announcements. There were none.

    12. Adjourn

    At 6:41 p.m., Villegas adjourned Item 10 until a continued meeting at 10 a.m., Monday November 17, 2025, at a location to be determined.