HomeMy WebLinkAboutAgenda Report - December 21, 2011 I-01AGENDA ITEM :1 A
CITY OF LODI
,. COUNCIL COMMUNICATION
Im
AGENDA TITLE: Adopt a Resolution Supporting the Joint Resolution of Cities, County, and Other
San Joaquin County Stakeholders Regarding Land Use, Water and Other Delta
Related Issues
MEETING DATE: December21,201 1
PREPARED BY: City Clerk
RECOMMENDEDACTION: Adopt a resolution supporting the joint resolution of cities, county,
and other San Joaquin County stakeholders regarding land use,
water and other Delta related issues.
BACKGROUND INFORMATION: The City was recently asked by the San Joaquin County 'Delta
Initiative Coalition Stakeholders to adopt a joint resolution, along
with various other agencies, regarding land use, water and other
Delta related issues. In addition, the City was asked to schedule a
City Council presentation to receive a status report regarding the
same from Board of Supervisors Chairman Ruhstaller and Stockton
Mayor Ann Johnston.
As you are aware, the Delta Stewardship Council will soon be adopting the "Delta Plan." The requested
adoption of the attached resolution is based on the following premise with the respect to the Delta Plan:
(1) The proposed Delta Plan threatens growth and land use approvals, including growth and new land
uses consistent with existing planning documents; (2) the proposed Delta Plan may stifle progress in
existing urban areas or prevent orderly and carefully planned growth; (3) the Delta Plan should not
threaten local water supplies; (4) urban development within existing planning areas, located behind
levees that meet current federal standards, should be considered consistent with the Delta Plan; and (5)
the Delta Plan should address economic sustainability impacts within the Secondary Zone of the Delta,
particularly in urban areas like Stockton and the Port of Stockton. Supporting documentation for these
assertions is attached.
For these reasons, it is recommended that the City Council adopt a resolution supporting the joint
resolution as recommended.
FISCAL IMPACT:
Not applicable at this time.
FUNDING AVAILABLE: Not applicable at this time.
Ran cW Johl
City Clerk
APPROVED:
Konradt Bartlam, City Manager
A"JOHNSTON owELBERT H, HOLMAN, JR.
Mayor District 9
KATHERINE MILLER 15PAULCANEPA
Vtce Mayor Dlstrlct 3
District 2
DIANA LOWERY
Stockton DIstrlat 4
CITY OF ST O C K T O N SUSM TALADMMMSEGGMAN
OFFICE OF THE CITY COUNCIL DALEFRITCHEN
�• CITY HALL • 425 N. EI Dorado Street • Stockton CA 95202-1997 Dlstrlct 6
2004 209 / 937-8244 • Fax 209 / 937-8568
1999
December6,201 1
San Joaquin County Delta Initiative Coalition Stakeholders, Other Cities, Delta Protection
Commission, and Others in the Sacramento -San Joaquin River Delta
JOINT RESOLUTION OF CITIES, COUNTY, AND OTHER SAN JOAQUIN COUNTY
STAKEHOLDERS REGARDING LAND USE, WATER, AND OTHER DELTA RELATED
ISSUES
On December 5, 2011, the San Joaquin County Delta Initiative Coalition Stakeholders
adopted a joint resolution (a draft cf which is attached hereto as Attachment A) in support of
an initiative for joint action, advocacy, and mutual interests on issues concerning the
Sacramento -San Joaquin River Delta (Delta). On behalf of the San Joaquin County Delta
Initiative Coalition Stakeholders, I respectfully requestthat your board, council, commission,
or executive committee, as applicable, support and adopt this same joint resolution, in
coordination with other cities, the county, and other stakeholders in San Joaquin County
and other areas of the Delta. The purpose of this request is to facilitate a coordinated and
collaborative response, with other affected stakeholders, in regard to the Delta Stewardship
Council's proposed Draft Delta Plan and corresponding Draft Program Environmental
Impact Report (DPEIR), and related Delta plans or programs that may adversely affect
economic development and sustainability, local governance, water supplies, flood control,
agricuftural production, and habitat management in San Joaquin County and within the
Delta as a whole.
In November 2009, the California Legislature enacted Senate Bill X7 1 (The Delta Reform
Act). It estabtished the Delta Stewardship Council (DSC), an independent State agency,
and requires that the DSC develop, adopt, and implement by January 1 2012 the Delta
Plan, a legally enforceable, comprehensive, long-term management plan for the
Sacramento -San Joaquin Delta and the Suisun Marsh (Delta) that achieves the "coequal
goals° as specified in California Water Code Section 85300(a). The coequal goals are the
two goals cf providing "a more reliable water supply for California and protecting, restoring
and enhancing the Delta ecosystem. The coequal goals are to be achieved in a manner
that protects and enhances the unique cultural, recreational, natural resource and
agricultural values of the Delta as an evolving place" (Water Code Section 85054).
Achieving the coequal goals is a primary and fundamental purpose of the Delta Plan. The
DSC has issued several staff drafts cf the Delta Plan, the most recent being the Fifth Staff
Draft, which is the "project" or "program" analyzed in the recently released Delta Plan Draft
Program Environmental Impact Report (DPEIR).
December6,201 1
JOINT RESOLUTION OF CITIES, COUNTY, AND OTHER SAN JOAQUIN COUNTY
STAKEHOLDERS REGARDING LAND USE, WATER, AND OTHER DELTA RELATED
ISSUES
(Page 2 of 2)
The Delta Plan sets forth regulatory policies, recommendations, and review and appeal
procedures that seek to influence the actions, activities and projects of cities, counties,
State, regional, and other local agencies toward meeting the coequal goals. I n other words,
local public agencies, located within the Delta, will be required to conform their actions to
the policies in the Delta Plan and to the regulatory and appeal procedures established to
implement the Plan. Projects within the Delta's watershed may also be affected by the
Delta Plan's policies and recommendations. The scope and extent of proposed regulatory
and review authority that the DSC is considering for adoption threatens the ability of local
communities to grow and prosper, takes away local decision making, and provides an
appointed body with the authority to veto local land use and other decisions based upon
subjective criteria. A summary of the City of Stockton's concerns is provided in a document
entitled "City of Stockton Talking Points Re: 5th Draft Delta Plan" (Attachment B).
A stakeholder group of San Joaquin County public and private agencies and other
interested patties with interest in the Delta has been formed to facilitate a collaborative and
uniform effort to address our mutual concerns with the proposed adoption and
implementation of the Delta Plan, the Program EIR, and with related Delta plans and
programs, such as the Bay Delta Conservation Plan (BDCP). Presently, the stakeholder
group is preliminarily known as the "San Joaquin County Delta Initiative Coalition
Stakeholders" (a roster of attendees at the December 5, 2011 meeting is attached as
Attachment C). The intent is to expand this group to include other affected San Joaquin
County cities and interested parties with mutual concerns to improve our negotiating
position with the DSC and with legislators in Sacramento and Washington, D.C.
As Chairperson of the San Joaquin County Delta Initiative Coalition Stakeholders, I
respectfully request your support and adoption of this resolution and encourage your future
active and collaborative participation and partnership in this critical issue of mutual concern.
Should you wish to discuss this matter or require additional information, please do not
hesitateto contact me.
4,�" 90-79
ANN JOHNeON
MAYOR OF STOCKTON
AJ/MUJL/MMN:ss
Attachments
emc: Stockton City Councilw/attachments
Bob Deis, City Manager Wattachments
Mayor's Delta Initiative Coalition w/attachments
San Joaquin County Board of Supervisorsw/attachments
Other San Joaquin County Citieswlattachments
::ODMAIGRPWISEICOS.CDD.CDD_Ubrery:93146.1
ATTACHMENT B
December 13,2011
CITY OF STOCKTON TALKING POINTS RE: 5T" DRAFT DELTA PLAN
The Delta Stewardship Council will soon adopt a "Delta Plan". Local public
agencies such as the City of Stockton will be required to conform their actions to
the policies in the Plan. The City and other agencies are concerned with the
scope and extent of proposed regulatory and review authority that the Council is
considering for adoption. The Proposed Delta Plan, in its currentform, continues
to threaten the ability of local communities to grow and prosper, may usurp local
decision making, and provides an appointed body with the authority to veto local
land use and other decisions regarding "covered actions" based upon subjective
criteria. Some of the City's mostsignificant concerns are outlined below:
The Proposed Delta Plan threatens growth and land use approvals,
including growth and new land uses consistent with existing planning
documents.
Over 50 percent (21,256 acres) of the City's incorporated urban area and an additional
7,932 acres within the City's Sphere of Influence are located within the Secondary or
PrimaryZones of the Delta. Currently, all development within these boundaries must be
consistent with the City's adopted 2035 General Plan and Infrastructure Master Plans.
The Delta Plan, as currently drafted, could act as a de facto reversal of the prior
approvals and indirectly usurp the City's existing land use authority within the areas
covered by the Delta Plan.
The Proposed Delta Plan may stifle progress in existing urban areas or
preventorderly and carefully planned growth.
The Proposed Delta Plan creates new standards and criteria for all but ministerial
approvals within the area covered by the Delta Plan. The practical effect of the
implementation of the Delta Plan could be to create new barriers to growth and
redevelopment within the City's existing urban footprint. The City believes that the
ultimate Delta Plan should exclude existing urban areas in the secondary zone of the
Delta from the Delta Plan certification of consistency determination requirements for
covered actions and should exempt planned urban development within the incorporated
City limits and the City's adopted Sphere of Influence.
C;\Documents and Settings\rjohl\Local Settings\Temporary Internet Files\OLKF9\2011-12-06 COS Talking Points Re— Delta Plan for
Mayors Cover Letter to Coalition etc .doc
The Delta Plan should not threaten local water supplies.
The Proposed Delta Plan requires water users to "reduce reliance" on the Delta. For
many local communities, the local water supplies include the Delta. For many of these
communities, it is not possible or practicable to find alternate sources of water. The
Delta Plan must recognize the need for local Delta communities to achieve regional self-
reliance through the continued beneficial use of water from local sources, including the
Delta.
Urban development within existing planning areas, located behind levees
that meet current federal standards, should be considered consistent with the
Delta Plan.
The Proposed Delta Plan would place new restrictions on development "behind levees,"
and would impose requirements that greatly exceed existing federal requirements for
levee construction. The City believes that the Delta Plan should provide for
development consistent with federal standards for levee construction / flood protection.
The Delta Plan should address economic sustainability impacts within the
Secondary Zone of the Delta, particularly in urban areas like Stockton and the
Port of Stockton.
The implementation of the Delta Plan could adversely impact the financial viability of
local communities through increased restrictions and by creating regulatory
uncertainties. Currently, the Economic Sustainability Plan prepared by the Delta
Protection Commission (DPC), which is being used to develop the Delta Plan, focuses
solely on the Primary Zone and does not address the economic impacts within the
Secondary Zone of the Delta. As portions of the City's existing urban area and Sphere
of Influence are located within the secondary zone, the Delta Plan should build upon the
DPC's Economic Sustainability Plan and analyze the impacts of the Delta Plan and the
Bay Delta Conservation Plan on these areas.
ODMA\GRPWISE\COS. CDD. CDD_Library:93152.1
C:\Documents and Settings\doh[\Local Settings\Temporary IntemetFiles\OLKF9\2011-12-06 COS Talking Points Re— Delta Plan for
Mayors Cover Letterto Coalition etc Aoc
RESOLUTION NO. 2011-201
A RESOLUTION OF THE LODI CITY COUNCIL
SUPPORTING THE JOINT RESOLUTION OF CITIES,
COUNTY, AND OTHER SAN JOAQUIN STAKEHOLDERS
REGARDING LAND USE, WATER, AND OTHER DELTA
RELATED ISSUES
WHEREAS, this Resolution is effective upon passage by the cities, the county,
and other stakeholders within San Joaquin County, which include political subdivisions of
the State of California and other interested parties, both public and private, hereinafter
collectively referred to as "the Members"; and
WHEREAS, the Sacramento -San Joaquin River Delta is at risk from many factors,
and in addressing these threats the State is proposing large-scale changes to the Delta
ecosystem, land use authority within the Delta, water conveyance through and around the
Delta, water rights, statewide management, and many other aspects related to the Delta;
and
WHEREAS, the cities, county, and other stakeholders as Members believe there is
value in developing an initiative on issues concerning the Sacramento -San Joaquin River
Delta, its watershed, and greater Bay/Delta estuary; and
WHEREAS, the Members wish to collectively articulate the issues and interests
from the perspective of the Delta region itself and from the people who call the Delta
home and best understandthe tremendous resourcethe Delta represents; and
WHEREAS, the Members have identified a need for joint action, advocacy, and
mutual interests on Delta -related issues.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council as a member
adopts this Resolution for the purpose of articulating mutual interests on Delta issues.
Furthermore, the Lodi City Council resolves to work with the Members to defend Delta -
related interests at a regional perspective and to use the Members' unified voice to
advocate on behalf of local government in available forums at all levels. Our principles of
mutual interests are as follows:
1. Recognition of the authority and responsibility given to local government related to
land use, water resource development, flood management, public health and
safety, economic development and sustainable growth, agricultural stability,
recreation, and environmental protection.
2. Protect the economic viability of agriculture, industry, recreation, and the ongoing
vitality of communities throughout the Delta.
3. Represent and include local government in any new governance structures for the
Delta.
4. Funding and implementation of urban and non -urban flood protection through
rehabilitation, improvement, and maintenance of flood control levees and
structures.
5. Protection and restoration of the Delta ecosystem including adequate water
supply, quality, and outflow to support fisheries, wildlife, and habitat in perpetuity
while supporting immediate improvements to the existing Through -Delta
Conveyance as part of a complete strategy for the State's water management.
6. Incorporation of sustainable approaches for improved water supply, quality, and
reliability through the overarching principle of regional self-sufficiency to reduce
future reliance on exports from the Delta.
Date: December21,2011
I hereby certify that Resolution No. 2011-201 was passed and adopted by the Lodi
City Council in a regular meeting held December 21, 2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS — Hansen, Katzakian, Nakanishi, and
Mayor Mounce
COUNCIL MEMBERS — None
COUNCIL MEMBERS —Johnson
COUNCIL MEMBERS — None
2011-201
RANDIJOHL
City Clerk
U74001
Jennifer Robison
From: Randi Johl
Sent: Tuesday, December20,2011 10:01 AM
To: Jennifer Robison
Subject: FW: Letters from DSC to City (1) and County (4)
Attachments: letter- Delta Stewardship Council 2011-10-13.pdf; ATT824312.htm;
CommunityDevelpment@stocktongov. com_20111108_105803_5. pdf;
ATT824313.htm; DSCletters_2.pdf; ATT824314,htm
Randi Johl, JD, MMC
City Clerk, City of Lodi
221 West Pine Street
Lodi, California95240
(2og) 333-6702 Telephone
(2 09) 333-6807 Facsimile
From:
Bob Johnson[mailto:value@softcom.net]
Sent:
Monday, December 19,201104:15 PM
To:
Randi Johl
Subject:
Fwd: Letters from DSC to City (1) and County (4)
Fyi
Sent from my iPhone
Begin forwarded message:
From: "Julie Lalonde" <Julie.Lalonde(d�stocktongov.com>
Date: December 19,20112:05:29 PM PST
T0: "DavidNelson" <dnelsonnagsnanos.com>, "Natalia Orfanos " <norfanosaaasnanos.com>, "Elden Nutt"
<erednuttnaol com>,"Terry Dermody" <trndnaol.eom>, "Chanel Murray" <Chanel.Murravaa,asm.ca. gov>, "JenniferBond"
<iennifet.bond a asm.ca.eov>, "Robin Adam" <robin.adam(a�asm.ca. 2ov>, "JohnBeckman" <johnb a biadelta,org>, "SusanDellosso"
<sdellossoQ,cambaveroun.con , "J. Santos" <cliakanci.lathrou.ca,us>,"Glenn Gebhardt"<ggebhardtaci.lathroo.ca.us>, "Steve
DeBrum" <sdebrumOci.manteca.ca.us>, "WillieWeatherford"<tivweatherfordn-ci.manteca.ca.us>, "AndrewMalik"
<andrewmnci.tracv.ca.us>, "Brent Ives"<bivesnci,tracv.ca.us>, "DanSodergren"<daniel.sodergrentaci.trao.ca.us>, "Bill Dean"
<william. deannci.tracv.ca.us>, "DannyFox" <dfoxncitvofescalon,org>, "BillBerryhill" <billberrvhillnemail.com>, "NelsonBahler"
<nbahlernaruoe.com>,"KavnaHarrigfeld"<kharriefeldnherumcrabtree,com>, "SteveHerum" <sherum alienimcrabtree.com>,
"Charlie Swimley"<cswinilevalodi.u >, "Bob Johnson"<iohnsonnlodi.gov>, "GaryProst" <aarv.nrostnmai1.house. eov>, "Bill
Jennings" <deltakeen(ame.com>, "Rod Attebery"<rattebervnneumiller.com>, "DanteNomellini" <ngmvlcsnoacbell.net>, "Barbara
Barrigan-Parrilla" <Barbaranrestorethedelta.org>, "Max Vargas" <Max.Vargas Rosen. ca.gov>, "AndrewChesley"
<Chesley c�rsicog.org>, "Steve Dial" <Dialnsico .ore>, "SteveMayo" <mavo(a�sicoa.oru>, "Katie Patterson"<knattersonnsifb,org>,
"David Wooten" <dwootenQsjgov.org>, "ElenaReyes" <erevesOwsieov.org>, "JohnMaguire" <jma uirensj og v_org>, "Ken Vogel"
<kvogelna sj og v_ore>, "Larry Ruhstaller"<lruhstaller@si og v_org>, "Mel Lytle" <mlvtlensi oe v.org>, "Tom Gau"<tg_au@sjgov.org>,
"Ron Addington" <raddinZonCasirinet.org>, "DougWilhoit" <dougnstocktonchamber.org>, "Ann Johnston"
<Ann.Johnstonnstocktongov.com>, "Jeff Willett" <Jef£WillettnStocktongov.com>, "JimGiottonini"
<Jim.Giottonininstocktongov.com>,"John Luebberke"<JohnLuebberkenstoektongov.eom>, "JuanNeira"
<Juan.Neiraanstocktongov.com>, "Kathy Miller" <Kadiv.Miller(a?stocktongov.com>, "Mike Locke" <Mike.Locke@stockton ovxon>,
"MikeNiblock" <Mike.Niblockno stocktongov.com>, "Jeff Wingfield" <iwinefield(&stocktonnort.com>, "RichardAschieris"
<raschierisnstocktonnort.com>, "Tom Zuckerman"<tmzla.tala eera.us>, "'SusanEggman"' <susan eggman(Zyahoo.com>, "Anthony
Barkett"<ambarkettnvmail.com>, "Mike Machado"<michael.machadocr,vmail.com>
Cc: "K. Rubianes" <krubianesnsiaov.ore>, "Stephen Reid" <sreid(Qsiaov.ore>, "FlorenceLow" <Florence,Lowenstooktongov.com>,
"JoAnne Montanez" <JoAnne. Montaneznstocktongov.com>, "NicoleMamomo" <Nicole.Mamorno c stocktonaov.com>
Subject: Fwd: Letters from DSC to City (1) and County (4)
We have had requests from some in the group
Delta Stewardship Council. I apologize if this
the only way I can be assured that you all have
Julie LaLonde
Executive Assistant to the Mayor
julie.lalondenstockton og_v.com
209-937-8499
for copies of the attached letters from
is duplicate information for you, but it is
the same documents in hand.
R80 NINTH STREET, SUITE 1500
C22SACRAWNTo, CALiFORNIA95814
W W W.DELTA000NCIL.CA.GOV
D E LTA STEWARDSHIP COUNCIL. (916) 445-5511
October 13,2011
rhillsenbe g
. Members
Randy Fiorini
Gloria Gray
PattickJohnston
Mr. Jeffrey Levers
Hank Nordhoff
San Joaquin County Public Works Department
�l County, I�
ttoll
Don Nocus
Felicia Marcus
1810 East Hazelton Avenue
CA 95205
eGutiveStockton,
P. Joseph G Officer
ff
RE: Thornton Community Improvement Study, SCH#k 2011092049
Dear Mr. Levers:
The Delta Stewardship Council (Council) is an independent state agency charged with
adopting and implementing a legally -enforceable, integrated resources management plan for;
the Sacramento -San, Joaquin Delta, referred to as the "Delta Plan" (see generally, the
Sacramento -San Joaquin Delta Reform Act of 2009, Div. 35 cf the California Water Code).
Once the Delta Plan becomes effective as a state regulation (anticipated in Spring 2012); state
and local agencies that propose to carry out, approve or fund "covered actions" mustfirst . • • .
prepare and file with the Council written certifications that those actions are consistentvvith •th'e
Delta Plan. Those certifications are subject to appeal, and a project -may not proceed until its ..
consistentwith the Delta Plan.
Council staff recently reviewed the Initial Study with proposed Mitigated Negative Declaration
forthe Thornton Community ImprovementStudy, While the projectdoes take place in the
Delta it appears that the project; as its currently described, would likely not meet the definition..,-
of
efinition..,of a "covered action". However, the projectcould becomea,covered action in the future if it
changes and, as a result, has a significant impacton`the achievement of the coequal goals:.
As such we would encourageyou to consult with us to ensurethe.project's consistencywith
the Delta Plan and the coequal goals.
What is a covered action? It is "a plan, program, or project as defined by §21065 of the PRC
that meets the following conditions: 1 dill occur, in whole or in part, within the boundaries cf
the Delta of Suisun Marsh; 2) will be carried out, approved, or funded by the state or a local . .
public agency; 3) is covered by one or more provisions of the Delta Plan; 4) will have a
significant`impacton achievement cf one or both of the coequal goals or the implementation cf
government-sponsored flood control programs to reduce risks to people, property, and state
interests in the Delta." (CA .Water Code §85057.5)•
"Coequal goals" means the twogoals ofproviding a more reliable -water supplyfo r California and protecting, restoring
and enhancing the Delta ecosystem. The coequalgoals shall be achievedin d manner thatprotects and enhances the unique cultural,
recreational, natural resource, and agricultural values cf the Delta as an evolving place. "
— CA Water Code§85054
Mr. Jeffrey Levers
October 13,2011
Page Two
What are the coequal goals? "Coequal goats' means the two goals of providing a more reliable
water supply for California and protecting, restoring and enhancing the Delta ecosystem. The
coequal goals shall be achieved in a mannerthat protects and enhances the unique cultural,
recreational; and natural resource, and agricultural values of the Delta as an evolving place."
(CA Water Code $85054) The Delta Reform Act of 2009 created the DSC and charged it with
developing a Delta Plan to achieve the coequal goals.
If you have any questions or would like to set up an initial consultation, please contact me at
(916) 455-5011 or ksamsam(adeltacouncil.ca.gov.
Sincerely,
Kevan Samsam, P.E.
Delta Stewardship Council
cc: DSC Chron File
DELTA STEWARDSHIP COUNCIL
November 1, 2011
Mr. Adam Brucker
Senior Planner
City of Stockton
345 North EI Dorado Street
Stockton, CA 95202-1997
980 NINTH STREET, SUITE 1500
SACRAMENTO, CALIFORNIA 95814
WWW.DELTA000NCIL.CA.GOV
(916) 445-5511
RFg�E'I V D
CITY QE STQCKTQN
COMMUNITY DEVELOPMENTQEPT
Chair
Phil Isenberg
Members
Randy Fiorini
Gloria Gray
Patrick Johnston
Hank Nordholf
Don Nottoli
Felicia Marcus
Executive Officer
P. Joseph Grindstaff
RE: ALCO Stockton Recycling Facility Mitigated Negative Declaration, SCH # 2011102047
Dear Mr. Brucker:
The Delta Stewardship Council (Council) is an independent state agency charged with
adopting and implementing a legally -enforceable, integrated resources management plan for
the Sacramento—San Joaquin Delta, referred to as the "Delta Plan" (see generally, the
Sacramento -San Joaquin Delta Reform Act of 2009, Div. 35 of the California Water Code).
Once the Delta Plan becomes effective as a state regulation (anticipated in Summer 2012),
state and local agencies that propose to carry out, approve or fund "covered actions" must first
prepare and file with the Council written certifications that those actions are consistentwith the
Delta Plan. Those certifications are subject to appeal, and a project may not proceed until it is
consistentwith the Delta Plan.
Council staff recently reviewed the ALCO Stockton Recycling Facility Mitigated Negative
Declaration. While the project does occur in the Delta it appears that the project, as it is
currently described, would likely not meet the definition of a "covered action", However, the
project could become a covered action in the future if it changes and, as a result, has a
significant impact on the achievement of the coequal goals. Should that occur, we would
encourage you to consult with us to ensure the project's consistency with the Delta Plan and
the coequal goals.
What is a covered action? It is "a plan, program, or project as defined by §21065 of the PRC
that meets the following conditions: 1)will occur, in whole or in part, within the boundaries of
the Delta or Suisun Marsh; 2) will be carried out, approved, or funded by the state or a local
public agency; 3) is covered by one or more provisions of the Delta Plan; 4) will have a
significant impact on achievement of one or both of the coequal goals or the implementation of
govern ment-sponsored flood control programs to reduce risks to people, property, and state
interests in the Delta." (CA WaferCode §85057.5)
"Coequal goals"means the hvogoals ofpsoviding a more reliable water supply,for California and protecting, restoring,
andenhanchag the Delta ecosyslem. The coequalgoals shall be achieved in a manner thatprotects and enhances the unique cultural,
recreational, natural resource, and agricultural values of the Delta as an evolvingplace. "
— C.4 Water Code $85054
Mr. Adam Brucker
November 1, 2011
Page Two
What are the coequal goals? "Coequal goals' means the two goals of providing a more reliable
water supply for California and protecting, restoring and enhancing the Delta ecosystem. The
coequal goals shall be achieved in a mannerthat protects and enhances the unique cultural,
recreational, and natural resource, and agricultural values of the Delta as an evolving place."
(CA Wafer Code §85054) The Delta Reform Act of 2009 created the DSC and charged it with
developing a Delta Plan to achieve the coequal goals.
If you have any questions or would like to set up an initial consultation, please contact me at
(916) 455-5011 or ksamsam aOdeltacouncil.ca.gov.
Sincerely,
Kevan Samsam, P.E.
Delta Stewardship Council
cc: DSC Chron File
DELTA STEWARDSHIP COUNCIL
October 11, 2011
980 NINTHSTREET,SUITH 1500
SACRAMENTO, CALIFORNIA95814
W W W.DELTA000NCILCAGOV
(916) 445-5511
Chair
Phil Isenberg
RE: Initial Study for Neighborhoods.K and L at Mountain House; SCH# 2011092041
Dear Ms, King:
The Delta Stewardship Council is an independent state agency charged with adopting and
implementing a legally -enforceable, integrated resources management plan for the
Sacramento—San Joaquin Delta, referred to as the "Delta Plan" (see generally, the
Sacramento -San Joaquin Delta Reform Act of 2009, Div.35 of the CaliforniaWater Code).
Once the Delta Plan becomes effective as a state regulation (anticipated in Spring 2012), state
and local agenciesthat proposeto cant' out, approve or fund "covered actions" mustfirst
prepare and file with the Council written certifications that those actions are consistentwith the
Delta Plan. Those certifications are subjectto appeal, and a project may not proceed until it is
consistent with the Delta Plan.
Council staff recently reviewed the Initial Studyfor Neighborhoods K and L at Mountain House.
It appears that the project would likely meetthe definition of a "covered action", and would be
subjectto the Delta Plan, if the Delta Plan becomes effective priorto the filing of a noticeof
approval or determination for your project. As such we would encourage you to consult with us
to ensure the project's consistency.with the Delta Plan and the coequal goals.
What is a covered action? It is "a plan, program, or project as defined by §21065 of the PRC
that meets the following conditions: 1)will occur, in whole or in part, within the boundaries of
the Delta or Suisun Marsh; 2) will be carried out, approved, or funded bythe state or a local
public agency; 3) is covered by one or more provisions cf the Delta Plan; 4) will have a ,
significant impact on achievement of one or both of tine coequal goals or the implementation of
govern ment-sponsored flood control programs to reduce risks to people, property, and state
interests in the Delta." (CA Water Code§85057.5)
What are the coequal goals? "Coequal goals' means the two goals of providing a more reliable
water supply for. California and protecting, restoring and enhancing -the Deltaecosystem. The
coequal goals shall be achieved irra mannerthat protects and enhances the unique cultural,
'Coequ,*oals" means the two goals ofproviding a more reliable water swplyfor caltfornia andprotecting, restoring,
andenhancingtheDeltaecosystem 4Wcoequalgoalsshallbeachievedinamanner thatprotectsandenhancesthe uniggecultural,
recreational, .naturalresource, and agricultural valves of the Delta as an evolving place. "
—C4 Water Code §85054
Members
RandyFiodni
Gloria Gray
PahickJohrzbn
Ms. Corinne King
Hank Nordhoff
San Joaquin County Community Development Department�I�
",tt°s`
1810 E Hazelton Ave
Stockton, CA 95205
Officer
Exec Grimdataff
P. Joseph Gdndstaff
RE: Initial Study for Neighborhoods.K and L at Mountain House; SCH# 2011092041
Dear Ms, King:
The Delta Stewardship Council is an independent state agency charged with adopting and
implementing a legally -enforceable, integrated resources management plan for the
Sacramento—San Joaquin Delta, referred to as the "Delta Plan" (see generally, the
Sacramento -San Joaquin Delta Reform Act of 2009, Div.35 of the CaliforniaWater Code).
Once the Delta Plan becomes effective as a state regulation (anticipated in Spring 2012), state
and local agenciesthat proposeto cant' out, approve or fund "covered actions" mustfirst
prepare and file with the Council written certifications that those actions are consistentwith the
Delta Plan. Those certifications are subjectto appeal, and a project may not proceed until it is
consistent with the Delta Plan.
Council staff recently reviewed the Initial Studyfor Neighborhoods K and L at Mountain House.
It appears that the project would likely meetthe definition of a "covered action", and would be
subjectto the Delta Plan, if the Delta Plan becomes effective priorto the filing of a noticeof
approval or determination for your project. As such we would encourage you to consult with us
to ensure the project's consistency.with the Delta Plan and the coequal goals.
What is a covered action? It is "a plan, program, or project as defined by §21065 of the PRC
that meets the following conditions: 1)will occur, in whole or in part, within the boundaries of
the Delta or Suisun Marsh; 2) will be carried out, approved, or funded bythe state or a local
public agency; 3) is covered by one or more provisions cf the Delta Plan; 4) will have a ,
significant impact on achievement of one or both of tine coequal goals or the implementation of
govern ment-sponsored flood control programs to reduce risks to people, property, and state
interests in the Delta." (CA Water Code§85057.5)
What are the coequal goals? "Coequal goals' means the two goals of providing a more reliable
water supply for. California and protecting, restoring and enhancing -the Deltaecosystem. The
coequal goals shall be achieved irra mannerthat protects and enhances the unique cultural,
'Coequ,*oals" means the two goals ofproviding a more reliable water swplyfor caltfornia andprotecting, restoring,
andenhancingtheDeltaecosystem 4Wcoequalgoalsshallbeachievedinamanner thatprotectsandenhancesthe uniggecultural,
recreational, .naturalresource, and agricultural valves of the Delta as an evolving place. "
—C4 Water Code §85054
Ms. Corinne King
October 11, 2011
Page Two
recreational, and natural resource, and agricultural values of.the Delta as an evolving place."
(CA -Water Code §85054) The Delta Reform Act of 2009 created the DSC and charged itwith
developing a Delta Plan to achieve the coequal goals. .
ff you have any questions or would like to setup an initial consultation,. please contact meat.
(916) 455-5011 orame—deltacouncil.ca.aov.
Kevan Samsam, P.E.
Delta Stewardship Council
{
cc:: DSC Chron File
DELTA STEWARDSHIP COUNCIL
.980 NINTHSTREET;�UITE 1500
SACRAMENTO, CALIFORNIA 95814
W W W.DELTA000NCIL.CA.GOV
(916) 445-5511
October 14,2011
Chair
Phil Isenberg
Members
Randy Florin!
Gloria Gray
PabickJohnston
Mr. John Funderburg
Hank Nadholf
Joaquin County Community Development Department
D1iSan
Felicia Marcus
1810 E. Hazelton Ave
Stockton, CA 95205
PExecutive Officer
.Joseph Grindstaff
RE: Lost Isle Expansion Project, SCH# 2011102016
Dear Mr. Funderburg:
The Delta Stewardship Council (Council) is an independent state agency charged with
adopting and implementing a legally -enforceable, integrated resources management plan for
the Sacramento—San Joaquin Delta, referred to as the "Delta Plan" (see generally, the
Sacramento -San Joaquin Delta Reform Act of 2009, Div.35 of the California Water Code).
Once the Delta Plan becomes effective as a state regulation (anticipated in Spring 2012), state
and local agencies that propose to carry out, approve or fund "covered actions" must first
prepare and file with the Council written certifications that those actions are consistent with the
Delta Plan. Those certifications are subjectto appeal, and a project may not proceed until it is
consistent with the Delta Plan.
Council staff recently reviewed the Lost ?ale Expansion Project Initial Study, It appears that the
projectwould likely meetthe definition of a "covered action", and would be subject to the Delta
Plan, if the Delta Plan becomes effective priorto the filing of a notice of approval or
determination for your project. As such we would encourage you to consult with usto ensure
the project's consistencywith the Delta Plan and the coequal goals.
What is a covered action? It is "a plan, program, or project as defined by $21065 of the PRC
that meets the following conditions: 1)will occur, in whole or in part, within the boundariesof
the Delta or Suisun Marsh; 2) will be carried out, approved, or funded by the state or a local
public agency; 3) is covered by one or more provisions of the Delta Plan; 4) will have a
significant impact on achievement of one or both of the coequal goals or the implementation of
govern ment-sponsoredflood control programs to reduce risks to people, property, and state
interests in the Delta." (CA Wafer Code §85057.5)
'Whatare the coequal goals? "Coequal goals' means the twgoals of providing more reliable
water supply for California .and protecting, restoring and enhancing the Delta ecosystem. The
coequal goals shall be achieved in a mannerthat protects and enhances. -ft unique cultural,
!'Coequalgoals" means the two goals ofprovidinga more reliable watersupplyfor California andprotecting, restoring,
and enhancingtheDelta ecosystem, The coequalgoalsshall be achieved in a manner that protects and enhances the unique cultural,
recreational, natural resource, and agricultural values of the Deltaas an evolvingplace, "•
— CA Water Code §85054
Mr. John Funderburg
October 14,2011
Page Two
recreational, and natural resource, and agricultural values of the Delta as an evolving place."
(CA Wafer Code §85054) The Delta Reform Act of 2009 created the DSC and charged it with
developing a Delta Plan to achieve the coequal goals.
F you have any questions or would like to set up an initial consultation, please contact me at
(916) 11 or Ai
Sincerely,
Kevan Samsam, P.E.
Delta Stewardship Council
cc: DSC Chron He
.122W
DELTA STEWARDSHIP COUNCIL
980 NINTH STREET, SUITE 1500
SACRAMENTO, CALIFORNIA 95814
W W.DELTA000NCIL.CA.GOV
(916) 445-5511
October 21,201 1
Chair
Phillsenberg
. Members
RandyFiorini .
Gloria Gray
Patrick Johnston
Mr. John Funderburg
Hank Nordhoff
San Joaquin County Community �Development
Don Notoli
FeliciaMarcus
1810 East Hazelton Avenue
Stockton, CA 95205
P. Executivecer
Grin�dstaff
RE:,Cortopassi Minor Subdivision and Lot Line Adjustment, SCH# 2011102022
DearMr. Funderburg:
The Delta Stewardship Council (Council) is an independent state agency charged with
adopting and implementing a legally -enforceable, integrated resources management plan for
the Sacramento—San Joaquin Delta, referred to as the "Delta Plan" (see generally, the
Sacramento -San Joaquin Delta Reform Act of 2009, Div. 35 of the California Water Code).
Once the Delta Plan becomes effective as a state regulation (anticipated in Spring 2012), state
and local agencies that propose to carry out, approve or fund "covered actions" mustfirst
prepare and file with the Council written certifications that those actions are consistentwith the
Delta Plan. Those certifications are subjectto appeal, and a project may not proceed until it is
consistent with the Delta Plan.
Council staff recently reviewed the Negative Declarationfor the Cortopassi Minor Subdivision
and Lot Line Adjustment project. While the project does take place in the Delta it appears that
the project, as it is currently described, would likely not meet the definition of a "covered
action". However, the project could become a covered action in the future if it changes and, as
a result, has a significant impact on the achievementof the coequal goals. As such we would
encourage you to consult with us to ensure the project`s consistency with the Delta Plan and
the coequal goals.
What is a covered action? It is "a plan, program; or project as defined by§21065 of the PRC
that meets the following conditions: 1) will occur, in whole or in part, within the boundaries of
the Delta or Suisun Marsh; 2) will be carried out, approved, or funded bythe state or a local
public agency; 3) is covered by one or more provisions of the Delta Plan; 4) will have a
significant impact on achievement of one or both of the coequal goals or the implementation of
government-sponsored flood control programs to reduce risks to people, property, and state
interests in the Delta." (CA Wafer Code §85057.5)
"Coequalgoals "means the twogoals ofprovidinga more reliable watersupplyfor California andprotecting, restoring,
and enhancing the Delta ecosystem. Dbecoequalgoals shall be achieved in a manner thatprotects and enhances the unique cultural,
recreational, natural resource, and agricultural values of the Delta as an evolvingplace.
—CA Water Code 995054
Mr. John Funderburg
October 21,2011
Page Two
What are the coequal goals? "Coequal goals' means the two goals of providing a more reliable
water supply for California and protecting, restoring and enhancing the Delta ecosystem. The
coequal goals shall be achieved in a mannerthat protects and enhances the unique cultural,
recreational, and natural resource, and agricultural values of the Delta as an evolving place."
(CA Wafer Code §85054) The Delta Reform Act of 2009 created the DSC and charged it with
developing a Delta Plan to achieve the coequal goals.
If you have any questions or would like to set up an initial consultation, please contact me at
(916)455-5011 or ksamsamQdeltacouncil.ca.aov.
Sincerely,
Kevan Samsam, P.E.
Delta Stewardship Council
cc: DSC Chron File