DPC Minutes 2024-12-12
Final Meeting Minutes
Delta Protection Commission
Thursday, December 12, 2024, 5 p.m.
Sacramento-San Joaquin Delta Conservancy Conference Room
1450 Halyard Drive, Suite 6, West Sacramento
Agenda
1. Call to Order and Flag Salute
Chair Diane Burgis called the meeting to order at 5:02 p.m.
2. Welcome and Roll Call
Commission Clerk Heather McClure called the roll. Present at roll call: Chair Burgis, Vice Chair John Vasquez, Commissioners Oscar Villegas, Patrick Hume, Tom Slater, Dean Ruiz (for South Delta Reclamation District), Gloria Sandoval (for Wade Crowfoot), and Brian Bugsch (for State Lands Commission). Commissioners Tom Patti, Paul Steele, Alan Nakanishi, Toks Omishakin, and Karen Ross; and ex officio members Senator Susan Talamantes Eggman, and Assemblymember Carlos Villapudua were absent with no alternate present. At this time, a quorum was present.
Commissioner Anissa Williams arrived at 5:06 p.m. during the public comment period.
It was noted that Commissioner Jim Paroli joined the meeting remotely at 5:43 p.m., just before the vote on Item 10.
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 one:
Cheryl Bly-Chester, an environmental engineer representing a Stockton area marina, spoke on an issue regarding Empire Tract in the Delta’s Primary Zone. She stated the road was closed initially to deal with the sunken ship Aurora and has been closed for about six months. She asserted the City of Stockton used this opportunity to close a mile stretch of the road while lacking proper permits for the extended closure and despite CEQA mitigation requirements ensuring continued fishing access. She commented this was a vital public access point for fishing, particularly for accessible fishing, and this raises concerns about public access to the scenic route and the San Joaquin River. The speaker seeks to connect with a Commission staff member to discuss the matter further and explore solutions.
Consent Agenda
4. Approval of Draft September 19, 2024, Meeting Minutes
5. Approval of 2025 Meeting Schedule
Chair Burgis asked for public comment and there was none.
Motion: It was moved by Vice Chair Vasquez and seconded by Commissioner Bugsch to approve the Consent Agenda; in a roll call vote, the motion passed 9-0-0, all Commissioners present voting aye.
Executive Director Blodgett noted that November meeting date may need to be moved to the first week of November to avoid conflicting with League of California Cities meeting.
Regular Agenda
6. Report on Delta Stewardship Council Activities – Chair Diane Burgis
Chair Burgis reported that the Delta Stewardship Council met last month, followed by the DPIIC meeting, which focused on levees. The discussion emphasized the challenges and importance of investing in levees. The Delta Stewardship Council will meet again next week to review appeals of consistency certification for 2024-2026 Delta Conveyance Project geotechnical activities. She announced that she would leave tonight’s meeting at the appropriate time to avoid participating in that discussion.
Chair Burgis asked for public comment and there was none.
7. Report on Delta Protection Advisory Committee (DPAC) Activities – Anna Swenson (DPAC Chair)
DPAC Chair Swenson had not yet arrived, so this Item was moved to follow Item 9.
Swensen reported on the presentation given by Dr. David Ostrak on the striped bass slot limit proposal, which considered a scientific-based rationale as to how this would create a healthier ecosystem and improve the overall health of the Delta. Rich Turner also presented on his new tabletop book about the Delta, Quiet Waters.
Chair Burgis asked for public comment and there was one:
Russ Ryan, speaking for Reclamation Districts, extended appreciation to the Commission regarding the focus on levees, stating how important it is for water supply, water quality, and many other reasons.
8. Consider Election of Chair and Vice Chair for 2025 – The Commission
Vice Chair Vasquez stated he would like to extend the Chair’s term for another two years given the Chair’s extensive knowledge of the Stewardship Council’s activities, he felt it was critical to maintain continuity by keeping her in that role for now.
Counsel Carlos Mejia stated the following: For the Commission’s clarity, Public Resources Code Section 29739 sets forth requirements for the appointment of chair: One, that it be one of the members appointed by one of the five Delta counties; and two, that the term lasts for two years. In the past, chairs who sit by virtue of being chair on the Delta Stewardship Council have, with the Commission’s consent, elected to extend their time in office so they can conclude activities that may be happening before the Delta Stewardship Council. The statute does require the Commission to make the selection of the chair for two years; however, it is at anyone’s discretion how long they stay. There are no statutory requirements for the vice chair. However, he noted that if it is the Commission’s intent that perhaps the vice chair succeeds the chair, then, obviously, the vice chair should also be a member from one of the five Delta counties.
Commissioner Bugsch sought input from the other counties to ensure agreement on this decision, and the consensus was unanimous.
Chair Burgis asked for public comment and there was none.
Motion: It was moved by Commissioner Slater and seconded by Commissioner Villegas to approve the reelection of Commissioner Burgis and Commissioner Vasquez for Chair and Vice Chair; in a voice vote, the motion passed 9-0-0, all Commissioners present voting aye.
9. Executive Director’s Report – Bruce Blodgett, Executive Director
Executive Director Blodgett drew attention to pages 11 through 73, which encompassed the entirety of his report, including numerous comment letters completed throughout the year. He reviewed activities regarding the National Heritage Area Management Plan, National Heritage Area Advisory Committee, the Delta Heritage Forum, DPAC, the Clarksburg Branch Line Trail extension, the Delta Leadership Program, and Commission communications. Additionally, he discussed work done in collaboration with Delta counties on the Programmatic Agreement under the National Historic Preservation Act, noted progress with Caltrans District 10 moving forward on the Welcome to the Sacramento-San Joaquin Delta National Heritage Area sign installation in San Joaquin County, and reported that interviews are underway with two firms for the update on the marketing plan for the NHA.
Chair Burgis asked for public comment and there was none.
10. Consider Proposed Ex Officio Appointments to the National Heritage Area Advisory Committee (NHAAC) – Blake Roberts, Program Manager
Program Manager Roberts presented on the five additional ex officio members he recommended be appointed to the Advisory Committee: Julie Lee or Jeff Henderson from the Delta Stewardship Council, Mike Moran from East Bay Regional Park District, Trevor Rice from National Park Service, Karen Buhr from Sacramento-San Joaquin Delta Conservancy, and John Takekawa from Suisun Resource Conservation District. He noted these five appointments would bring the total to seven non-voting ex officio members on the Committee.
Chair Burgis asked for public comment and there was none.
Motion: It was moved by Commissioner Villegas and seconded by Commissioner Bugsch to approve the ex officio appointments to the NHAAC; in a voice vote, the motion passed 10-0-0, all Commissioners present voting aye.
11. Consider Approval of the Final NHA Management Plan Advisory Committee Meeting Minutes and Committee Closeout – Blake Roberts, Program Manager
Roberts stated that the National Heritage Area Advisory Committee is now up and running, so this item is to approve the final minutes of the NHA Management Plan Advisory Committee meeting held on June 18, 2024, and then formally dissolve the Management Plan committee.
Chair Burgis asked for public comment and there was none.
Motion: It was moved by Commissioner Bugsch and seconded by Commissioner Williams to approve the Final NHA Management Plan meeting minutes and Committee closeout; in a voice vote, the motion passed 10-0-0, all Commissioners present voting aye.
12. Consider Comments to the Department of Water Resources on its Geotechnical Activities for the Delta Conveyance Project – Bruce Blodgett, Executive Director
Chair Burgis and Commissioner Sandoval recused themselves and departed the meeting at this time. Vice Chair Vasquez chaired the remainder of the meeting.
Executive Director Blodgett spoke on the challenges with timing and requirements for responding to the extensive documentation of the consistency certification for geotechnical activities filed by DWR with the Delta Stewardship Council on October 8, 2024. He stated there was not enough time to have staff review the material, draft comments, and then hold a Commission meeting in compliance with Bagley-Keene noticing requirements to allow the Commission to review those comments in time for the submission deadline.
To address this, staff submitted initial comments on November 5, followed by updated comments on November 27 that clarified these were the views of the Delta Protection Commission staff and not yet approved by the Commission, as advised by counsel. Both letters were included in the packet for the Commission’s review.
Blodgett pointed out that with the tight deadlines on the Notice of Hearing from the Delta Stewardship Council – issued on November 14 with comments from the DPC due November 27, staff had acted to ensure that input was provided rather than allowing the opportunity to lapse. He stated it was up to the Commission tonight to decide whether to amend or to approve the submitted comments as they are, which will then be presented at the Stewardship Council hearing on December 19.
Commissioner Hume expressed appreciation for the effort to provide a timely response and acknowledged counsel’s guidance on ensuring the source of comments is clearly identified. He asked if, aside from clarifying the source, the comments in both letters were substantially the same. Senior Environmental Planner Mike Aviña confirmed that they are exactly the same.
Commissioner Hume stated he supported the comments in full and both Commissioner Slater and Commissioner Villegas concurred.
Vice Chair Vasquez asked for public comment and there was one:
Anna Swensen spoke on her experience with geotechnical borings and the substantial property damage surrounding it and encouraged the fight of the geotechnical activities.
Motion: It was moved by Commissioner Hume and seconded by Commissioner Williams to approve both comment letters as submitted; in a voice vote, the motion passed 7-0-1, all Commissioners present voting aye with one abstention from Commissioner Bugsch.
- Consider Participation in the Delta Stewardship Council’s Appeal of the Department of Water Resources’ Certification of Consistency for its Geotechnical Activities for the Delta Conveyance Project – Bruce Blodgett, Executive Director
Executive Director Blodgett reiterated that the Stewardship Council hearing is December 19, 9:30 a.m. at the Natural Resources building. He recommended two actions to address the timing challenges associated with responding to comments on the geotechnical activities ahead of the hearing. First, delegate authority to the Executive Director to prepare an interim comment letter. Second, designate a representative to offer public comments at the December 19 hearing.
The Commissioners determined that the Executive Director would serve as the representative at the hearing.
Vice Chair Vasquez asked for public comment and there was none.
Motion: It was moved by Commissioner Hume and seconded by Commissioner Villegas to approve Executive Director Blodgett as the DPC representative at the Council hearing on December 19, 2024, and the authorization to prepare an interim comment letter for this hearing; in a voice vote, the motion passed 7-0-1, all Commissioners present voting aye with one abstention from Commissioner Bugsch.
14. Commissioner Comments/Announcements
Executive Director Blodgett sought input on the possibility of holding more meetings at the Conservancy to allow remote participation and better ensure a quorum. Commissioners generally agreed that this location would be suitable for future meetings, with the understanding that meetings would alternate with other locations as well.
15. Adjourn
Vice Chair Vasquez adjourned the meeting at 6:08 p.m.