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  Regular-General Government   # 25.       
Board of Supervisors County Counsel  
Meeting Date: 04/12/2011  
From: Robyn Truitt Drivon, County Counsel
Staff Contact: Phil Pogledich, Senior Deputy County Counsel, x8172
Supervisorial District Impact:

Subject
Delta update, including approval of Delta Stewardship Council comment letter and support for AB 134 (Dickinson). (No general fund impact) (Drivon/Pogledich)
Recommended Action(s)
Approve a letter (Attachment A) commenting on the Second Staff Draft of the Delta Plan (“Second Draft”), currently pending before the Delta Stewardship Council.
Strategic Plan Goal(s)
The recommended action supports the strategic plan goal of preserving agriculture and open space with planned development by commenting on the scope of environmental review of a large aquatic habitat restoration project.
Fiscal Impact
None.
Reason for Recommended Action/Background
As the Board of Supervisors is aware, the Delta Stewardship Council is currently attempting to complete a “Delta Plan” by the end of this year. The Second Draft is very preliminary in nature, and it contains many drastic policies and recommendations that are not accompanied by any supporting discussion or findings. An excerpt of the policies set forth in the Second Draft is included herewith (Attachment B). The full Second Draft is available online at www.deltacouncil.ca.gov.

The attached comment letter is extensive and, in places, highly critical of the content of the Second Draft. There are two main reasons for this. First, the Second Draft proposes to greatly curtail local land use authority and private property rights. As noted above, the basis for these policies is rarely included in the Second Draft, and the policies themselves are typically vague and difficult to understand. Second, the Second Draft appears to include measures that go far beyond what was contemplated by the legislation authorizing the Delta Plan (i.e., the Sacramento-San Joaquin Delta Reform Act of 2009). These two concerns apply to a wide array of policies and related discussion throughout the document, which is seriously flawed as a consequence.
Other Agency Involvement
The County Administrator's office and Planning and Public Works Department were consulted in connection with this item.
 
Attachments
Attachment A
Attachment B

Form Review
Inbox Reviewed By Date
Phil Pogledich Phil Pogledich 04/05/2011 04:49 PM
Form Started By: rdrivon Started On: 03/29/2011 09:10 PM
Final Approval Date: 04/05/2011

    

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