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HomeMy WebLinkAbout12 ADOPT RES 09-54-BAY-DELTA 09-15-09Agenda Item ~ 2 Reviewed: AGENDA REPORT City Manager -~ Finance Director Nia MEETING DATE: SEPTEMBER 15, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: DOUGLAS S. STACK, ACTING PUBLIC WORKS DIRECTOR/ CITY ENGINEER SUBJECT: ADOPT RESOLUTION NO. 09-54 SUPPORTING ACTION TO RESTORE CALIFORNIA'S BAY-DELTA AND PROVIDE A RELIABLE WATER SUPPLY SUMMARY: Attached for the City Council's consideration is Resolution No. 09-54. It outlines the City of Tustin's support for the co-equal goals of restoring the Sacramento-San Joaquin Bay Delta ecosystem and creating a reliable water supply for California, and the Bay Delta Conservation Plan (BDCP) process. RECOMMENDATION: It is recommended that the City Council: 1) Adopt Resolution No. 09-54 Supporting Action to Restore California's Bay-Delta and Provide A Reliable Water Supply; and 2) Authorize the Mayor to sign and execute letters to the Governor and State Legislators expressing support for the Delta Vision goals and the BDCP process. FISCAL IMPACT: There is no fiscal impact associated with this item. BACKGROUND: Orange County and southern California receive about half of their imported drinking water supply from the State Water Project, which brings water from Northern California through the Sacramento-San Joaquin Bay Delta. Recent court decisions, seismic threats and environmental issues are impacting the ability of agencies utilizing the Bay-Delta to meet current and future drinking water supply needs statewide. Two major activities are currently underway to deal with the challenges facing the Bay-Delta; the Delta Vision Plan (Delta Vision) and the Bay Delta Conservation Plan (BDCP). The Delta Vision calls for both near and long-term environmental and infrastructure actions. It makes various recommendations, including balancing competing priorities of ecosystem and water supply, land use planning and governance over Delta-related issues. Implementation of the Delta Vision's recommendations will allow for new water conveyance and storage projects to ensure greater water reliability for southern California. The (BDCP) is a Federal and State Conservation/Natural Community Conservation Planning document, which is intended to be utilized to enhance and restore the Delta ecosystem by providing for the conservation of threatened and endangered fish species and other aquatic organisms. As a permitting vehicle, the BDCP will insure restoration while simultaneously securing a reliable freshwater source. When adopted and approved by federal and state fishery agencies, it will also facilitate the issuance of long-term permits for activities that support water supply, such as water conveyance and facility maintenance and improvements. The Friends of the Delta is anon-profit organization focused on educating the public about the need for a comprehensive Bay-Delta solution. The Friends of the Delta is also actively reaching out to cities and counties, to solicit support for a comprehensive Bay-Delta solution. Mayor Davert and Councilmember Gavello, along with City staff recently attended a Select Committee on Regional Approaches to Addressing the State's Water Crisis, chaired by Assemblymember Jose Solorio. The Bay-Delta was one of many topics discussed. At the request of the Mayor, this item is being presented to the City Council for consideration. i. Stack, P.E. blic Works Director/City Engineer :~"~~- - Fred Adjaria Water Servic Manager Attachments: 1.) Resolution No. 09-54 2.) Draft Letter to Governor and Legislators 3.) Governor Arnold Schwarzenegger letter to President pro Tempore Steinberg and Speaker Bass, dated 8/17/2009 4.) Letter to Various State Legislators, dated 8/17/2009 RESOLUTION NO: 09-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN SUPPORTING ACTION TO RESTORE CALIFORNIA'S BAY DELTA AND PROVIDE A RELIABLE WATER SUPPLY WHEREAS, the Sacramento-San Joaquin River Bay Delta, known as the Bay-Delta, provides water to an estimated 25 million people throughout the State of California; and WHEREAS, the Sacramento and San Joaquin River systems, which provide much of the state's reservoir inflow, were classified as Critically Dry for the 2008 water year; and WHEREAS, a biological opinion issued by the United States Fish and Wildlife Service on December 15, 2008 imposed a 30 percent restriction on water deliveries from the State Water Project and Central Valley Project to protect the Delta Smelt; and WHEREAS, State Water Project water allocations have now been reduced to 15 percent of requested deliveries, with many of the allocations for agricultural users reduced to zero; and WHEREAS, in February 2009, Governor Schwarzenegger, declared a State of Emergency for California, due to water supply shortages; and WHEREAS, the Bay-Delta is home to more than 750 plants and animals, some of which are unique to the Bay-Delta; and WHEREAS, the Delta Vision Plan drew a fundamental and significant conclusion that the Bay-Delta must be managed according to two co-equal goals, "Restore the Delta ecosystem and create a more reliable water supply for California;" and WHEREAS, the Bay Delta Conservation Plan is a collaborative approach to restore the Delta ecosystem and protect water supplies; and WHEREAS, the Delta Vision Plan and the Bay Delta Conservation Plan provide a critical piece of the comprehensive solution to provide a sustainable and reliable water supply for California. NOW, THEREFORE, BE IT RESOLVED that the City of Tustin City Council supports the co- equal goals of the Delta Vision Plan and the on-going Bay Delta Conservation Plan process as valuable in providing a sustainable water supply for California. The Council further supports a comprehensive solution to the issues facing the Bay-Delta. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 15tH day of September, 2009. DOUG DAVERT, MAYOR ATTEST: PAMELA STOKER, CITY CLERK DRAFT September 15, 2009 Governor Arnold Schwarzenegger Senator Mimi Walters Assemblymember Chuck DeVore Assemblymember Jeff Miller Dear Governor Schwarzenegger, Senator Walters and Assemblymembers Devore and Miller, As you know, the water supply situation in the state of California is dire. One of our major sources of water, the Sacramento-San Joaquin Delta, known as California's Delta, is in need of an immediate fix. Several local, state, and federal agencies are pursuing part of that fix through the recently completed Delta Vision process and the on-going Bay Delta Conservation Plan process. On December 31, 2008, the work of the cabinet level Delta Vision Committee concluded with the issuance of the Delta Vision Committee Implementation Report. The report outlines strategies and actions designed to support two co- equal goals: "Restore the Delta ecosystem and create a more reliable water supply for California." The Bay Delta Conservation Plan brings together these groups with the goal of, improving the environmental health of the Delta, studying and implementing alternative ways to move water in and around the Delta in an environmentally responsible manner, and address toxic pollutants, invasive species and impairments to water quality. On September 15, 2009, the Mayor and City Council of the City of Tustin approved the attached resolution of support for the co-equal goals of the Delta Vision and the Bay Delta Conservation Plan process. Your support of legislation that will provide a comprehensive solution for California's Delta and provide a sustainable water supply for California is crucial. Please make this a legislative priority and inform us of ways the City of Tustin can be involved in resolving this crisis. Sincerely, Doug Davert Mayor City of Tustin C,C7VERNC~1: ~LRNC~LD 5CI-iW~RZ~hi~.GG~R August 17, 2009 The 1-Io~~orab(e Darrell Steinberg President pro Tempore Califo~~tia State Senate State Capitol Room. 2pa Sacramento, Califon~iia 9581.4 The I-Iot~oraUlc Karen Bass Speaker California State Assembly State Capital Rooin ? l ~? Sacramento, California 95814 Dear Senator Steinberg and Speaker Bass, The cun•ent drought, corubined with an aging infi•astru-eture and increasing restrictions on water supply by regulatory agencies and the federa Courts, has brought into stark relief the fragility afCalifornia's water mtn~agenient system. Our water system, built for a population of 18 million, has been the backbone of Califon~ia~s success. But that system is now strrached to tite breaking point and nxrst be upgraded to serve a population that wiU reach 50 million. This third year of dty conditions along Gvitlr the realities of clir~late ehar7ge, seismic vulnerability oftite Delta and floe condition of Delta fish species, has made our water resources less reliable at a time when our struggling economy and growing population need greater reliability. We are seeing uuetnl~loyrnent at historic levels throughout the state. 131 same places, be they fauns with land lying Fallow or projects that cannot be built for lack. of tivair;r, our tEnemployment rate is made much worse by our broken water system. The longer eve wait to make changes, the nan•ativer our range of options becomes. The Legislature has been debating a comprehensive fix to our water system now far years. 1 introduced a water infrastructure package as part oftlle Strategic Gra4vth Plan in ,Tanuary of 2006 rtnd ~we have debated these issues every year, including holding a special legislative session in 2007, because the imminent collapse afthc Delta ecosystem anri continuing rirought demanded urgent. action. Last year Senator Feinstein and I joined together to offer a water inf-astnrcture and ecasystetn restoration package that combined the best thinking of all the stakeholders and compromises we've laeen debating for two years. We are out of time and out of excuses far failing to act. This year action 11as been delayed to allow for debate on a new governance structure for the Delta. This debate was supposed to conclude by the ertd of ?Vfay so ilte Legislature could vote on a comprehensive plan before the strmmcr recess. It is now August mid we have four weeks left to take action. tlfler more than a year of intense analysis, public STAI'C C.AC'CTO! SA~RA149ENTt~, CAt.lEt7l:Nl~ 9SBis (~~t6) =+•+5-?g~+l Thee Honorable Darrell Steinberg The Honorable Karen Bass August 17, 2Q09 Page two discussion and expert. contributions, my Delta Vision :Slue Ribbon I'aslc Force identified seven goals that virtually everyone agrees should guide our efforts: • Delta restoration must be founded an the en-equal goals of tivate.r supply reliability and ecosystem restoration. • ltocoga~ize and s~}.fiance the unigtls cultural, recreational and agl-ictzltural values of the Delta as an evolving place. • 12estore the Delta ecosystem as the heart ofa healthy estuary. • Promote statewide water conservation, efficiency and sustainable use. +~ Build Facilities to improve the existing water conveyazzce system and expand state~vids storage; operate bath to achieve the equal goals. * Reduce risks to people, property and state interests izt the Delta by effective ezusrgencypreparedness, appropriate land uses and strategic levee investments. • Establish a new govenattnce structure with the authority, reslaonsibility, accountability, scienti~f c support and secure ftu3ding to achieve these goals. We hove studied the Delta literally to death. It is time to act. I will cantinas to work with you on the spsciFics on a legislative solution, but any water package that reaches my desk must bs camprelzensive and it mast address specific critical elements for me to provide my signature, Water Itxfro~structure I cam~ot sign a comprehensive water package if it fails to inchzde a water infrastzttcture bond that espands our water storage capacity -both stzrfaee storage and. groundwater Fluids habitat restoration, water quality azzd conservation. After years of intense negotiations, the narrowly missed the placement of a water bond oz~ tl~e ballot last year. The five water bond bills introduced in the .Legislature early this year demonstrate a remarkable level of consensus achieved on this topic. I believe we corElti resolve any remaining differences in an hour, and I will not sign a water bill without the izlfiastz-uetuze necessary to improve supply reliability. I?efta Gvvernanee St~•uc#are It is clear that Delta governance and addressing our antiquated conveyance system is a key issue and one that cannot be dcfsrz-ed. My administration began the environmental analysis far a natural. community conservation plaz>lllabitat conservation plan (NCCP/HCP) for the Delta mare than a ysktz' ago. "fhe Bay Delta. Conservation Plan (BDCP) and the environmental impact analyses to implement that plan are being developed pursuant to existing federal and state regulatory and National Emrironmental Palley Act/California Enviranmsntal Quality Act (NEPAICEQA) requirements. The years af~vorlc already T11e Fianorable Darrell Steinberg The I-ianarable .I~.aren Bass Auust I7, 2flCI9 Page three completed in this area must be recognized by any new Delta governance body and in any new .Delta plan. As currently written, these bills impose signiLicant cibstacles to conllaletiug the BDCP, subjecting it to criteria that. are burdensome, ambiguous and difficult to achieve in a tiilleiy fashion, It supersedes the authority of our regulatory and. management.. agencies to complete and certify the Environmental Impact Report on the BDCP and essentially gives a newly-created Delta Council the authority to start the whole p~°ocess over again. `this is a fatal flaw. I support establishment of a new governing Council, but ii muss not result in further delay in implementing critically needed actions in the Delta. Delta 1'lati The central organizing featzu-e of any attetllpt to fix the Delta must be a legally enforceable Delta plan founded Oll CO-equal goals of habitat restoration and water supply reliability. As history has taught us, any governance body in the. Delta that proceeds without the legal authority to develop and en~foY`ce such a plan will fall short of what is necessary to drive the major changes that the system needs. Llnforhulately, the legislation as currently drafted does not ~•eileet the co-equal ,goals of habitat restoration and tivater supply reliability. Conse~•vatiait and VVatel" Ilse rfficiene~f I believe a strong; water co~~lservation component is fundamei~ltal to any comprehensive water plat. ~.ast year, in 111y Liter to leadership, I asked for a bill that would require a 20 percent reduction in per capita water use by 2Q20. We came very close to achieving agreement, so I am conradent that we can work together to put 20 percent conservation into law this year in a ~llanner that reflects past regional conservation accomplishments in order to equitably achieve statewide savings. Given the importance of the Delta and the allagn~itude of hai-~11 if ~~re fail to act, I ask that «re accelc;rate our efTorts, work togctller and Iinalize a camprellensive package ofDeha-related legislation this session. After so many years of study and debate there is no rational reason .for further delay. Califortlia's deteriorating Delta ecosystem and the conlnnulities that depend upon reliable water supplies cannot wait. Vie must act now. lla cc: Tile 1^Ionorable Demlis ~iollingsworth The I-Ionorable Sam Blakeslee August 17, 2009 Senator Fran Pavley Senator Joseph Simitian Senator Lois Wolk Assemblyman Jared Huffman Assemblyman Mike Feuer RE: Water, Agriculture and Business Community Initial Review of Water Proposal Package Dear Senators Pavley, Simitian, and Wolk and Assembly Members Huffman and Feuer, California's Sacramento-San Joaquin Delta faces an immediate crisis and an unsustainable future as sea level rises and an outdated, seismically vulnerable water delivery system threatens the entire state economy. Without a reliable water supply that supports and sustains a recovering economy there is no capacity to invest in the environment. And without a robust and sustainable Delta environment there won't be reliable water supply. The status quo threatens devastating statewide consequences and bold action is long overdue. We appreciate your efforts in bringing forth your legislative ideas to address these issues. Many of the broad mechanisms and themes contained in the legislation will be necessary to achieve the co-equal goal of a reliable water supply and a restored and sustainable Delta ecosystem. However, we believe many of the specifics within the package, as currently drafted, would impede California's ability to meet the water supply reliability component of the coequal goal, which in turn, makes progress on ecosystem restoration an empty promise. Broadly speaking, some proposals do not enhance governance in the Delta as they add new and unnecessary layers of approval and inappropriate decision criteria. We believe a comprehensive and effective package is achievable by first identifying a framework that has broad support and then resolving important matters of detail. With this approach in mind we support main elements of a package crafted as follows: 1. Identify water supply reliability and the Delta ecosystem as the co-equal goals. Legislation should codify these goals and all actions must be tested only against the fundamental criterion that they help achieve the co-equal goal. Programs and projects to construct new storage and conveyance should be included in the Delta legislative package and subject only to findings that they assist in meeting the coequal goal of ecosystem restoration and water supply reliability. 2. Create a Delta Stewardship Council, Delta Conservancy and Independent Science Board. We believe a Delta Stewardship Council focused on the statutory Delta that develops a master plan guiding existing agencies actions toward achievement of the coequal goal and performing a coordination function is desirable. Its function should be to ensure Delta actions work collectively toward the co-equal goal, but not override or duplicate existing authority. We also believe a Delta Conservancy and Independent Science Board support a successful adaptive management strategy in the Delta. New institutions, such as a "watermaster" as proposed in existing legislative preprints, could create overlapping and duplicative jurisdictions that don't serve the co-equal goals of Delta policy. 3. Provide a balanced approach to funding. Public funding must complement water agency investments in Delta. Water agencies are prepared to invest billions of dollars for water system and ecosystem improvements, but public investments will be necessary to fully meet the co-equal goals and address all ecosystem stressors. The legislative package must identify an equitable and achievable means of securing the public funds. Assurances that these funding sources remain dedicated to addressing planned actions in the Delta will be necessary 4. Support the Bay Delta Conservation Plan. The Bay-Delta Conservation Plan is the keystone element in a comprehensive Delta Plan to achieve the co-equal goals. When complete, the plan will be in full compliance with a range of state and federal statutes. The BDCP should not be subject to new legislative mandates in the middle of the planning process. The Delta legislative package should facilitate rather than hinder collaborative efforts to solve Delta issues under existing federal and state environmental statutes. 5. Focus on the Delta. Broader, statewide issues of water rights, groundwater management and water conservation should not impede a legislative solution that must provide for critical decisions within the Delta. Those important issues have statewide significance and must not suffer from the need to focus on the Delta now. The scope of a Delta Plan must focus on the statutory Delta. However, this does not preclude recognizing that actions outside of the Delta may need to take place to achieve critical goals where they can be accomplished via agreement. We look forward to working with you on successful legislation that provides for the good of all those who depend upon the Delta and for the future health of the California economy. Sincerely, Association of California Water Agencies California Farm Bureau Federation Friant Water Authority Kern County Water Agency Metropolitan Water District Northern California Water Association Santa Clara Valley Water District Western Growers Association Westlands Water District Cc: Governor Arnold Schwarzenegger John Moffatt Mike Chrisman Lester Snow Senator Pro Tem Darrel Steinberg Senator Dennis Hollingsworth Assembly Speaker Karen Bass Assemblyman Sam Blakeslee