DPC Minutes 2025-05-15
Meeting Minutes
Delta Protection Commission
Thursday, May 15, 2025, 5-7 p.m.
Oakley Recreation Center
1250 O’Hara Ave, Oakley, CA 94561
Agenda
1. Call to Order and Flag Salute
Chair Diane Burgis called the meeting to order at 5:09 p.m.
2. Welcome and Roll Call
Commission Clerk Heather McClure called the roll. Present at roll call: Chair Burgis, Commissioners Oscar Villegas, Patrick Hume, Anissa Williams, David Kent, Tom Slater, Christine Birdsong (for Karen Ross), Gloria Sandoval (for Wade Crowfoot), Brian Bugsch (for State lands Commission) and Gary Prost (for ex officio Senator Jerry McNerney). Vice Chair John Vasquez and Commissioners Sonny Dhaliwal, Alan Nakanishi, Dean Ruiz (for South Delta Reclamation District), Jim Paroli, Toks Omishakin, and ex officio Assemblymember Rhodesia Ransom were absent with no alternate present.
At this time, a quorum was present.
3. Public Comment – an opportunity for members of the public to address the Commission regarding items not on the agenda
There were two comments from members of the public:
Lou Flores, a member of the Sierra Club Delta Group, gave a brief slide presentation highlighting his group’s activities related to Marsh Creek in Brentwood and Oakley, as well as efforts by other organizations focused on rehabilitating nearby waterways. He expressed interest in future collaboration with the Delta Protection Commission.
Vergil Chaddock, also a member of the Sierra Club Delta Group, followed up with reports of salmon poaching in the Marsh Creek area and shared his ideas for protecting them, such as implementing a fishing ban from October 15 to January 15 to allow time for spawning. He stressed the need for action before salmon reach the point of extinction.
Consent Agenda
4. Approval of Draft March 20, 2025, Meeting Minutes
5. Approval of Tourism, Branding, and Marketing Contract
Commissioner Sandoval inquired how the attainment of the goals of the marketing contract would be tracked. Program Manager Blake Roberts responded that key performance indicators were outlined in the original 2017 marketing plan and will be updated in the Tourism Branding Marketing Plan.
Chair Burgis asked for public comment and there was none.
Motion: It was moved by Commissioner Williams and seconded by Commissioner Birdsong to approve the March 20, 2025, meeting minutes; in a voice vote, the motion passed 9-0-0, all Commissioners present voting aye.
Regular Agenda
6. Report on Delta Stewardship Council Activities – Chair Diane Burgis
Chair Burgis shared that at their last meeting the Department of Water Resources gave a presentation on the Delta Levee Investment Strategy (DLIS) and gave updates on the Delta Conveyance Project, their Community Benefits Program, and the Change in Point of Diversion. She also highlighted the presentation on the Tribal and Environmental Justice Issue Paper.
Chair Burgis asked for public comment and there was none.
7. Report on Delta Protection Advisory Committee (DPAC) Activities – Anna Swenson (DPAC Chair)
Vice Chair Russ Ryan provided an update on the most recent DPAC meeting, which included presentations on Proposition 4 funding, the Freeport Trail project, and the Great Valley Farm Water Partnership (GVFWP), on whose board he serves. He announced the GVFWP produced their first White paper titled the Sediment Removal Position Paper that is now on their website GVFWP.org.
Chair Burgis asked for public comment and there was none.
8. Executive Director’s Report – Dan Ray, Interim Executive Director
Interim Executive Director Ray announced Carlos Mejia was no longer with the Commission and welcomed Nicole Rinke from the Attorney General’s office as the new Commission Counsel. He also introduced Rachel Vanderwerff as the Commission’s new Senior Environmental Planner.
Ray provided brief updates on items not included in his written report, including a budget trailer bill proposed by the Governor that would allow for fast-tracking two key components of the Delta Tunnel approval process. He also shared that he and Chair Burgis met with the executive search consultant to discuss hiring criteria for the Executive Director position, as identified at the previous Commission meeting. The consulting team is now developing a webpage for the position. Chair Burgis added that the webpage is expected to go live next month, with interviews anticipated to begin in July.
Commissioner Sandoval offered to share the information with the CNRA career center to assist with recruitment.
Commissioner Villegas inquired about providing a comment letter on the Army Corp of Engineer’s Final EIS which is expected sometime in June.
Executive Director Ray responded that the Commission has already submitted extensive comments on both the federal and state environmental documents, and the plan is to review how well those comments have been addressed—though there is no requirement for the Corp to respond. He also noted that submitting a comment letter on a final EIS is unusual, but doing so would help reinforce the Commission’s position and serve as a valuable exercise to refresh the staff’s understanding of the project ahead of decisions expected in the fall.
Chair Burgis stated as a member of the Stewardship Council she would not be participating in those discussions.
Commissioner Villegas volunteered to be part of the committee to draft the letter to the Corps in the event that the timeline won’t allow to bring it back to the Commission. Commissioner Hume also volunteered.
There was additional discussion regarding the letter following Item 10, during which Counsel Rinke clarified that they would only be providing input on a staff letter, with the understanding that the letter would return to the Commission for approval before being sent in July. Executive Director Ray noted that staff already has delegated authority to submit comment letters without Commission approval, based on a previously established policy. Counsel Rinke stated she would look into that and possibly revisit it, but confirmed that, for the time being, the plan is to return the letter to the Commission in July for approval.
Chair Burgis asked for public comment and there was one:
Roger Mammon commented on a Delta Stewardship Council meeting to be held May 19 as an opportunity for people to speak up regarding opposition to the Tunnel. He also announced on June 9 the Franks Tract Futures program is being resurrected and something to be aware of.
9. Consider Appointments to Delta Protection Advisory Committee (DPAC) – Dan Ray, Interim Executive Director
Interim Executive Director Dan Ray recommended the following three-year term appointments: incumbents Arron Pellarin to Delta Business seat 1, Anna Swenson to Delta General Public Seat 1, and Russell Ryan to the Delta Water Exporter seat; and two new candidates Jeffrey Twitchell to the Delta Flood Entity Seat and Jerred Dixon to the Delta Conservation/Habitat NGO Entity seat.
Commissioner Hume inquired about the reason for not reappointing the incumbent for the Conservation/Habitat NGO seat. Executive Director Ray responded that the decision was based in part on the strong qualifications of the new applicant, whose expertise aligns closely with the committee’s anticipated work in the coming years, as well as a desire to encourage some turnover to allow for fresh perspectives on the committee.
Chair Burgis asked for public comment and there was none.
Motion: It was moved by Commissioner Hume and seconded by Commissioner Kent to approve the recommended appointments to DPAC; in a voice vote, the motion passed 9-0-0, all Commissioners present voting aye.
10. Consider Approval of DPAC Charter revision– Dan Ray, Interim Executive Director
Interim Executive Director Ray stated staff proposed two changes to the Charter. One to clarify that DPAC provides recommendations upon referral from the Commission or Executive Director to ensure the Committee’s work aligns with the Commission’s priorities. The other, to fix the appointment schedule with language that avoids frequent updates.
Chair Burgis asked for public comment and there was none.
Motion: It was moved by Commissioner Bugsch and seconded by Commissioner Slater to approve the DPAC Charter revision; in a voice vote, the motion passed 9-0-0, all Commissioners present voting aye.
11. Consider DPC Staff Return-To-Office Policy – Dan Ray, Interim Executive Director
Interim Executive Director Ray reported on the Governor’s executive order requiring a minimum of four in-person workdays per week for all staff. He noted that the Commission’s current office space is insufficient to support full implementation of the order, with five employees already sharing two offices and two additional positions expected to be filled. However, he added that efforts are underway to acquire new office space to accommodate the increase in in-person work. He stated that although the Commission is an independent agency not under the Governor’s direct authority, he still recommended adopting a telework policy consistent with the Governor’s order, with a provision to delay implementation until adequate office space has been secured.
Commissioner Sandoval suggested revising the language from “delaying the implementation of the policy” to “seek to implement it as much as possible.”
Counsel Rinke confirmed this language was properly worded with the emphasis that there will be an attempt to implement.
Chair Burgis asked for public comment and there was none.
Motion: It was moved by Commissioner Hume and seconded by Commissioner Sandoval to approve the Staff Return-To-Office Policy with the noted change in language; in a voice vote, the motion passed 9-0-0, all Commissioners present voting aye.
12. Consider Six-Month Work Priorities – Dan Ray, Interim Executive Director
Interim Executive Director Ray discussed the effort to have staff identify priorities that advance the goals of the Delta Protection Act for a six-month period. His thought was that some of these projects can be finished within this time frame and others will lead to longer-term efforts. A list of potential priorities was identified as: 1. Agriculture, 2. Delta Conveyance, 3. Rivers and Levees, and 4. National Heritage Area.
Ray then continued with a discussion of projects that fell under each category. For Agriculture he brought up the idea of the impacts that flood control and habitat projects have on farmlands, and the possibility of holding workshops to discuss this topic with Ag Commissioners and others who are directly affected by this.
Commissioner Villegas asked for public comment and there was none.
It was noted Chair Burgis exited the meeting at 6:31 p.m.
A robust discussion regarding involvement on the Delta Conveyance Project took place at this time, with several commissioners stressing the importance of addressing this issue and taking a role in providing vigorous scrutiny and oversight of every aspect of the DCP.
It was noted that Chair Burgis rejoined the meeting at 6:41 p.m.
On Rivers and Levees, Ray suggested starting with a fact sheet on the benefits and costs of funding improvements in the Delta’s highest priority levees and then to further discussions with Department of Water Resources, the Stewardship Council, the California Natural Resources Agency, and the Army Corps of Engineers on how to go about that.
Ray stated existing priorities have already been identified with the NHA through the Tourism Branding and Marketing Plan and the Partnership and Passport Program.
Ray ended by saying a vote wasn’t necessary and that it was clear where the priorities are and the direction to take.
Chair Burgis asked for public comment and there was none.
13. Delta Leadership Program Graduation – Erik Vink, DLP Coordinator
Delta Leadership Program (DLP) Coordinator Erik Vink introduced the 2025 group of Delta Leadership Program graduates. The class of nineteen is the ninth group of DLP participants, with over 100 alumni. He also introduced the other leaders of the program, Lisa Beutler from the Stantec consulting firm and Mike Campbell, president of the Delta Leadership Foundation. Class projects were then presented by the participants with goals that focused on providing a direct benefit to the Delta and creating an opportunity to form new relationships, demonstrate leadership, and practice teamwork.
Chair Burgis congratulated each graduate and presented them certificates of achievement as Coordinator Vink gave highlights of each individual’s background.
Chair Burgis asked for public comment and there was none.
14. Commissioner Comments/Announcements
Ex officio Prost spoke on the budget trailer bill to fast track the DCP which he stated is opposed by every city and county it affects. He stated Senator McNerney is going to mobilize the bipartisan Delta Caucus in the legislature to oppose this.
Commissioner Sandoval gave background information on the May budget revision proposals to modernize the infrastructure to improve water supply reliability and the statutory changes to streamline administrative processes and avoid costly delays.
Commissioner Bugsch gave an overview of the Skarry Removal which is a commercial abandoned vessel removal project in the Sacramento-San Joaquin Delta named after a man who died in 2019 leaving his vessels and machinery behind. He stated he would like to get his staff in to present at the next meeting.
15. Adjourn
Chair Burgis adjourned the meeting at 7:24 p.m.