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Agenda Report - July 2, 2008 K-08
AGENDA ITEM Vw% CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Consideration of a Resolution Opposing the Delta Vision Blue Ribbon Task Force Recommendations for the Sacramento -San Joaquin River Delta at the Request of the San Joaquin County Board of Supervisors MEETING DATE: July 2,2008 PREPARED BY: Randi Johl, City Clerk RECOMMENDED ACTION: Adopt resolution supporting the position of the San Joaquin County Board of Supervisors as outlined in County Resolution No. R-08-269, which opposes the Delta Vision Blue Ribbon Task Force recommendations for the Sacramento -San Joaquin River Delta. BACKGROUND INFORMATION: On May 13,2008, the County Board of Supervisors adopted the attached Resolution No. R-08-269 opposing certain recommendations from the Delta Vision Blue Ribbon Task Force with respect to the Sacramento -San Joaquin River Delta. On June 11, 2008, the City received a letter from Supervisor Ken Vogel (attached) requesting that the City of Lodi adopt a resolution supporting the County's position regarding the same. Through additional contact with the County, the City was apprised that action on this item is needed by July 8, 2008, and the item is before the City Council for consideration as a result. FISCAL IMPACT: NIA FUNDING AVAILABLE: NIA — 0.... �) - Uui 1j City Clerk APPROVED: ,- �t „�.�xT vL Blair King, City Manager o.�a�?N••.c BOARD OF SUPERVISORS 222 EAST WEBER AVENUE, ROOM 701 STOCKTON, CALIFORNIA 95202 LOIS M. SAHYOUN TELEPHONE: 209/468-3113 Clerk of the Board FAX: 2091468-3694 June 6, 2008 JoAnne Mounce, Mayor City of Lodi Post Office Box 3006 Lodi. California 95241-1910 STEVEN GUTIERREZ First District LARRY RUHSTALLER Second District VICTOR MOW Third District KEN VOGEL Chairman Fourth District LEROY ORNELLAS Vice Chairman Fifth District SUBJECT: RESOLUTION OPPOSING THE DELTA VISION BLUE RIBBON TASK FORCE RECOMMENDATIONS FOR THE SACRAMENTO -SAN JOAQUIN RIVER DELTA With this letter, the Board of Supervisors of the San Joaquin County Flood Control and Water Conservation District is enclosing, for your consideration and support, a copy of Resolution R-08-269, Resolution Opposing the Delta Vision Blue Ribbon Task Force Recommendations for the Sacramento -San Joaquin River Delta adopted and approved on May 13,2008. by the Board of Supervisors. Our concerns over the Task Force's Delta Vision Report (Report) entitled, "Our Vision for the California Delta," are numerous and substantial, as evidenced in the findings and conclusions of the Resolution. In general, our concerns with the Report center on a few key points of disagreement. First, we have a concern that the Report promotes a preconceived notion that an isolated or dual conveyance system must move forward as a solution without a complete and thorough analysis of the impacts of such a project on the health of the Delta, its species of concern, their habitat, water quality, and the impacts to surrounding lands and communities in our County. Such an effort cannot move forward without regard to the significant value these lands, waters, fish and wildlife have to the region and to the State of California, and we simply cannot support such an approach. Second, the Report seems to completely ignore the system of water appropriation and water rights administration developed over the last century in the State of California, preferring instead to highlight the Public Trust Doctrine as the law governing water diversion and use. This assumption is not acceptable and would destroy much of the California economy, along with the productive farming and ranching operations (and the California families working those lands) we currently rely on for our food and fiber as a State and a nation. Finally, the Task Force's Delta Vision Report does not acknowledge nor promote the direction provided by the California Water Plan and its endorsement of integrated, regionally -focused water resource solutions that support improvements in water management and conservation, conjunctive management and use of groundwater and surface water storage, and enhanced application of water reuse afREC EKED technologies to lessen demand and reliance on imported water supplies. JUIN 1 1 2008 City Clerk City of Lodi RESOLUTION OPPOSING THE -2- DELTA BLUE RIBBON TASK FORCE RECOMMENDATIONS We strongly urge action by the City of Lodi in consideration of Resolution R-08-269, Resolution Opposinq the Delta Vision Blue Ribbon Task Force Recommendations for the Sacramento -San Joaquin River Delta and support in the future as we in the region move toward more collaborative and comprehensive solutions that will address the many problems of the Delta region with respect and concern for all of our citizens and their livelihoods. We look forward to working with you in the future with this important effort. In the event you have additional questions or comments, please feel free to contact me at (209) 468- 3113 or Tom Flinn, Director of the San Joaquin County Department of Public Works, at (209) 468-3100. Sincerely, ti KEN VOGEL, Chairman Board of Supervisors San Joaquin County Flood Control and Water Conservation District KV:ERR:to WR -8E089 -T18 Enclosure c: Members of the Board of Supervisors Manuel Lopez, County Administrator David Wooten, County Counsel Thomas R. Flinn, Director of Public Works Thomas M. Gau. Chief Deputy Director Dr. Mel Lytle, Water Resource Coordinator RESOLUTION NO. 2008-131 A RESOLUTION OF THE LODI CITY COUNCIL SUPPORTING THE POSITION OF THE SAN JOAQUIN COUNTY BOARD OF SUPERVISORS AS OUTLINED IN COUNTY RESOLUTION NO. R-08-269 OPPOSING THE DELTA VISION BLUE RIBBON TASK FORCE RECOMMENDATIONS FOR THE SACRAMENTO -SAN JOAQUIN RIVER DELTA WHEREAS, the City Council reviewed the documentation presented by the San Joaquin County, through Supervisor Ken Vogel, requesting support of the County's position in opposing the recommendations of the Delta Vision Blue Ribbon Task Force with respect to the Sacramento -San Joaquin River Delta. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby support the position of the San Joaquin County Board of Supervisors as outlined in County Resolution No. R-08-269, attached hereto marked Exhibit A, opposing the Delta Vision Blue Ribbon Task Force recommendations for the Sacramento -San Joaquin River Delta. Dated: July 2, 2008 I hereby certify that Resolution No. 2008-131 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 2, 2008, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— Hitchcock ABSTAIN: COUNCIL MEMBERS— None &OHL City Clerk 2008-131 (EXHIBIT Al BEFORE THE BOARD OF SUPERVISORSOF THE SAN JOAQUIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT STATE OF CALFORNIA R- 210 - aN BLUE RIBBON TASK FORCE RECOMMENDATIONS FOR 7 HE :)AG; xAMF1410-SAN JOAQUIN RIVER od 2ik 2M. ur4jr ExecuWe Order S417-06, Governor Arrmld S ft tom:'Vhdan Cam rmittee, a Blue Ribbon Task Force and Stakeholder Caodh MUM"I to.h*.devskV a durable vision for sustainable management of the Delta with the goal of managing the Defta over tl)e long tem to restore and maintain identified functions and values that are determined I o be importantto the enAronmenial quality of the Delta and the economic and social well being of the people of the State. and, VOIEF&AA, ft pkmvft mss has pqWimsed I o the point where, on Nwem ber 30,2007, the Task Force releaMid dM.Ir Della Vision Report (Report) entitled, 'Our Vision forthe California Delta." in the report k4mwibes both short- and long-term recommendations that propose changes to a wide amay of issues affectingthe Delta Including water supply, water quality, flood control, land use, habitat, and local governance, and, WHEREAS, while #ftpW nning effort iagether with the sural Report rec oMmendatiins has out"d ideas that may 9101INVO Doft to meet future beriefficial needs in a sustainable way, it also supports and calls the . modeling, investigations, andpotential development of an isolated water oonveyancefacllity. Peripheral Canal singularly or as a part of a dual conveyance system: and, WHEREAS the cattSMXMon and operon cf a Peripheral Canal ore a similar facility wowd require the taking cEprime modmilboW land and possibly urban areasfor the construction of the canal itself and his fuss of additional acreage from seepage from that canal,will cause severance damage to additional prime o'gricutturat land, vAl sever and impairutilitivs and local road systems, Will create signtricant newflood dangers to agricunural lands and urban areas within the City of Stockton and San Joaqurn County. wM adversely affect the water rights of water users within San Joaquin County. will circumvent the Delta common pool, and will seriously impair Delta Water quality and an adequate supply for aN beneficial uses. and the protecWn of endangered fish populations, wildlife, and other recreational resourceswithin tha County, and, WHEREAS. 9IVeM ft fid that the Report ac as on page 13 that it is riot currently sufficient information to detorrMne whWW an isolated facility, dual 0onveyanc a system or through -Delta conveyance i s the beet solution for the Delta. the recommendation on page 14 of the Report that an "assessment of a dual conveyance system proceed as the preferred direction" cannot be supported, and. -1- 349 WHEREAS. San Joaquin County is coroDKOW that the Seventh ofthe Report. which provides that a "rre,61talized Delta ecosystem may redijoed diversiws, or changes in Pattems of diversion upstream. within and exportedbm the Delta," does not specifically consider and respect California's water right priority system and statutory protectionsfor watershed protection areas and areas of origin; and WHEREAS, San Joaquin County is conce"d that the Report considers upstream dlverslon's and diversions within the Della for local use as a problem to be addressed when these uses must be included within the Delta ecosystem that the State must strive to protect the County from the adverse impacts of Delta exports, and. WHEREAS. San Joaquin County is conceTned that the Repdit focuses on the Mk-. Trust Doctrine as p-rimes of State law to be rewgnizedi while ignoring olher equally important principles of State law, including, but not limited to. the water right priority system. and the protection of areas Of origin and watershed protection areas; and, WHEREAS, other moo prsc9cal &I&mi as: otAmed under a l000lly-supported proposal for greater reglonel self-suf[licie M Cowl ihaf can be constnxted more at substantially less cost and will not create the d6skodbin and problems that would be crested by an isolated water conveyance fan Iity: and, WHEREAS. the Mate of C611ifornis Wolter Platt his also promoted the need for more iritegrated and regionally-focused waiter resource soMions IncJuding, greater efficiency in the use of available surface supplies. expansion of conjunctiveuse programs. better managementof groundwater resources,desalination, conservation and recycling to establish greater self-&zEUcieenLjn areas of the State that rely OR imported water supplies: and, M4. tl Bkje Ribbon Task Ftp has apparently meed the raW for a Peripheral Canal, isolated or dual coffowfiftO fStft in the Deft dbmpilliF the lack Of consideration for other more viMo alternatives MM without sound science end technical analysis neededfor an informed decision. County representativeshave worked cooperatively with Delta interests and cIt+s+' local VOW agencies to inform the Delta Vision process of other more viable alternatives with Only limited success; and, WHEREAS. on April , 2009, the f Joquin County Flood Control and Water Conservation district Advisory Wer CWnVrJadon vOW ur+ankhou* to recommend approval of this resolution NOW TH8090M. DE IT RESOLVED #*SM lo" Cmtmty 96sM of StMervi'sors does M sup artt o--N Mbbon Tasit Farce's Report room mendations: andtlhe continued strategic planning prooess so long a8 this effort supports and promotes the deveOpvmirtt of a Peripheral Canal or any other isolated water Conveyance facility in the Delta: and hereby urgm to following' 1. The the amento-San Joaquitt Fdvw Delta, not CaRforrga Delta as listed in the Report, be susWined SS a unique and Vskad area. wurrenling continued investment. preservation, maintenance andsPecial legal protections wherein the State must adopt explicitly in policy that the -e goal is the continuous and simultaneous improvement in health of the Delta, the BaylDetta Estuary and other Northern California tributaries through improvedwater supply, -2- 350 quaft, and flOM P n by sustaining priaritles for the Delta. sress of and OOW W8106MI110 protection areas In California 1 That #W pt * WMM" the ryeecls in the belts stod Nodhem C40160ft triNtades from which w*W is evoftd oft uld be aCknOvViedged and Fel honored d by` both the Central Valley Projectand State Water Projectto comply with the San Joaquin River, Watershed and Delta Protection Statutes and the continuation of the Delta as a common pool to the maximum extent possible for all local beneficial uses and export as described in Water Code Section 12200 et seq 3. Tt kw ft recommemdatient intite Report tobe consistent with the technical in the Report, the Task Force should also reoommend assessment of Ththft convance_ 4, Th 9t reWdNM oh tib'COft kVPVMwbUltimately supported by the Siete, any Delta improvements Must adOxW6011110 0 at water users and interests within San Joaquin County are entitled b pnonty water use and protection from exmts under existing California law. and Insure that State actions are consistent with those rights and protections 5 That the foundation for recormrmerid'aflorns by the Report° any new water resource policy must' 1) recognize the priority for the water needs in the Delta and other areas of oriI& and watershed protection areas; 2) provideforth;e of California's water rights priority system, 3) provide for Delta salinity control: and 4) recognizethe established fundamentals of California Water lawwherein the California State Constiti.Woon Article X, Section 2 prohibits waste, unreasonable use, and unreasonable method of use of water resources and it further provides that "tho conservation of such waters le to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the pu bl icwelfare " 6 That future water s40w for the State of Califorrlla be develoW through greater regional self-sufficiency as prosaft d by "A Water Plan for the 21`t Century: Regional Self -Sufficiency" to include increased conservation. recycling. efficiency, conjunctive use, desalination, surface and groundwater storage and reclamation 7. That the State set a priority to supW seft0fiderticy through Improved Integrated Regional Waaler Management O*Mft ON htwilli1w entotion activities throughoutthe Slate to develop and utilize local water storage for the capture and management of available flood waters a - other projects forimproved conjunctive use. recharge, banking and groundwater storage in California 8 That lye strrttlleil$cf and © or other faOitlties installed. at locations to improve ROM Deltas ; urban flood protection, ecosystem integrity. agricufturat health and facititate recovery from seismic or other emergency to optimize through -:Delta conveyance and work in cooperationwith other agencies to develop additional supplies to address the needs for the entire State. 9. That the p` aril seondary boWN60a of to Deft remain as estaNished under California Idw and that m y crew goverriance proposal intha ROW mustfirst recognize and support: 1) the vested private property rights of land owners and the constitutionally recognized land use controls oflocal governments that encompass the Delta; 2) provide for .3- 351 R-08-269 the Protection of CMoffWswejef rWftpdorfty system, and 3) provide for the protectionof watershed protection and area of origin rights Now THMFORIL BE 111T FURT`14ER RESOLVED that in conjunction with #me decimations, the $a n Joaquin County Board of Supervisors fintw urges recognition of the following: 1 That the Wfure of the State Watar Project to develop the promised 5 rrillon acre-feet & supplemental WOW supply for Californiafrom North Mastrivem, as listed in Department of Water Resources Bulletin 76,1(mits the export of only surplus water from the Delta to periods and turps when senior water rights. areas of origin and other beneficial uses are not adversely impacted 2 That the Sonlilugr sd also be recotalzed as a unlgA* end valued watershed tO Imo= . .find protected as a WA element Of a healthy DeM to provide forthe reestablishment of'suificient in-sttearn flows for all beneficial uses and fishery habitat from the Friant Dam to the Delta 3. That ! m' ` drainEi o solution in ft Sort Joaquin 'tom!' it 'pwa tes o~ ft.. ed watwW4 WOWWWO 00"km hO in salinity from lands in the Westside Service Area. Grasslands and wildlife refugesdoes not drain intothe San Joaquin River. This solation should result in the Mservation of our valued agriculture economy i n the Valley and in greater regional water supply, improved water quality and su*binabitlty through the conservation of hundreds of thousands of acre-feet of water released annuatly From the Stanislaus River or other Eastside tributaries to comply with the Vernatis and South Delta Salinity Standards. PASSED AND ADOPTED Board of Super -Mors, to wit. 5113108 AYES. Ruhstdller, Omeftas, Gutierrez, Maw,Vragel NOES Dor* ABSENT Nor* � _ �•rv'_rrv. M-ODKIJ3 -4- , by the following vote of the of the Sart Joaquin County Flood Control and Water Conservation District. State of California 352