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980 9TH STREET, SUITE 1500

 SACRAMENTO, CALIFORNIA 95814WWW.DELTACOUNCIL.CA.GOV

A California State Agency

(916) 445-5511

October 29, 2018

NOTICE OF PUBLIC WORKSHOP

The Delta Stewardship Council will hold a Public Workshop on staff-prepared draft findings regarding the appeals of the certification of consistency submitted on July 27, 2018, by the

California Department of Water Resources

for the

California WaterFix

Certification Number C20185

-----

The Public Workshop will commence on

November 15, 2018, 9:00am

and, if necessary, recommence on

 November 16, 2018, 9:00am

at

Ramada Inn West Sacramento – Conference Center

1250 Halyard Drive

West Sacramento, CA 95691

The Delta Stewardship Council (Council) will hold a public workshop at the times, dates and location listed above to receive public input on staff-prepared draft findings regarding the appeals of the Certification of Consistency Number C20185 (Certification) submitted by the Department of Water Resources (Department) for the California WaterFix. The draft findings will be distributed to the Service List and posted to the Council’s covered action web pageprior to the workshop.1

BACKGROUND

The Delta Reform Act of 2009 requires that a state or local public agency that proposes to undertake a covered action must, prior to initiating the implementation of that action, submit a written certification of consistency with detailed findings as to whether the covered action is consistent with the Delta Plan. (Wat. Code § 85225.)                                                                                                                         




California WaterFix is a covered action. The Department submitted the Certification on July 27, 2018. A total of nine appellant groups (Appellant Groups or Appellants) filed timely appeals effective August 27, 2018. The Appellant Groups are: C20185-A1 (North Coast Rivers Alliance, Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s Associations, San Francisco Crab Boat Owners Association, Winnemem Wintu Tribe); C20185-A2 (Save the California Delta Alliance); C20185-A3 (Friends of the River, California Sportfishing Protection Alliance, California Water Impact Network, Planning and Conservation League, AquAlliance, Environmental Water Caucus, Sierra Club California, Restore the Delta); C20185-A4 (North Delta CARES Action Committee); C20185-A5 (City of Stockton); C20185-A6 (Sacramento Regional County Sanitation District); C20185-A7 (San Joaquin County, Contra Costa County, Solano County, Yolo County, Local Agencies of the North Delta); C20185-A8 (Central Delta Water Agency, South Delta Water Agency); and C20185-A9 (County of Sacramento, Sacramento County Water Agency).

The Delta Reform Act requires that the Council hold a hearing within 60 days of the effective filing date of the appeals, and that the Council makes its decision on the appeal within 60 days of the hearing. (Wat. Code § 85225.20.)

The Council held a hearing on October 24 through 26, 2018, in West Sacramento, California. The Appellants, the Department, the Delta Protection Commission (Commission), and the public were invited to participate. Upon conclusion of the hearing, the Presiding Officer directed Council staff to prepare draft findings regarding the appeals based on the record and comments received in the matter, and to schedule a public workshop to receive input on the draft findings.

PURPOSE

The purpose of the public workshop will be to receive Department, Appellant, Commission and public comments on staff-prepared draft findings.The Council will not adopt findings regarding the appeals at the workshop. Rather, the Council will consider taking action on proposed findings either denying the appeals or remanding the matter to the Department at the Council’s December 20-21 meeting, to be separately noticed.

SUBSTANTIAL EVIDENCE SCOPE OF REVIEW

The scope of the Council’s review in this matter is limited to whether the Certification was supported by substantial evidence in the record before the Department at the time it submitted the Certification. (Wat. Code § 85225.25.)


PROCEDURES

This workshop will not be a regular meeting of the Council. While a quorum of the Council may be present, the Council will not take formal action at the workshop. The workshop process will be generally guided by the Council’s Administrative Procedures Governing Appeal(Administrative Procedures). There will be no sworn testimony or cross-examination, but the Council and its staff may ask clarifying questions. Council Chair Fiorini will serve as the Presiding Officer.

PARTICIPATION

The Appellants, the Department, the Commission, or any other person may submit written comments and/or provide oral comments at the workshop. Please note that the Council strongly prefers that written comments accompany any oral comments. All comments should be limited to the staff-prepared draft findings.

The Council strongly prefers that interested persons who submit written statements submit them in advance of the workshop, although the Council will continue to receive written comments on the draft findings through 5:00 p.m., Monday, November 19, 2018. The Council requests that any person who intends to present oral comments at the workshop also submit written comments to assist the Council’s consideration of such comments.

The Council encourages all parties and interested persons to submit written comments and any presentation slides or other visual displays electronically to: waterfixcert@deltacouncil.ca.govParties and participants listed on the Service List must copy all parties on the current Service List (available at the Council’s WaterFix covered action web page). Please include “WaterFix C20185” in the subject line of any email. If you intend to use power-point or other electronic slides during your presentation, and you have not emailed them to the Council address above by 12:00 pm., Tuesday, November 13, 2018, you should arrive early (recommended time 45 minutes) to the workshop with your presentation on a USB flash drive for the Council Clerk. To help you have an orderly presentation, the Council Clerk requests that the titles of the submitted electronic presentations indicate the party name and that party’s intended sequence of presentation (e.g., Part 1 Appellant Group X, Part 2 Appellant Group X, and so forth).

If electronic submittal is not possible, you may mail or deliver your submittals to the following address:

Clerk to the Council ATTN: WaterFix C20185 Delta Stewardship Council 980 9th Street, 15th Floor Sacramento, CA 95814


Parties and participants listed on the Service List must copy all submittals to the Service List. Interested persons who are not listed on the Service List may copy submittals to the Service List. All submittals will be posted to the Council’s WaterFix covered action web page.

Presentation Order and Time Limits

The order of presentation of oral comments at the workshop shall be as follows:

1.Department of Water Resources

2.Appellant Group C20185-A1

3.Appellant Group C20185-A2

4.Appellant Group C20185-A3

5.Appellant Group C20185-A4

6.Appellant Group C20185-A5

7.Appellant Group C20185-A6

8.Appellant Group C20185-A7

9.Appellant Group C20185-A8

10.Appellant Group C20185-A9

11.Delta Protection Commission

12. All Other Interested Persons (Public Comment)

Each Appellant Group, the Delta Protection Commission, and the Department will be allowed 15 minutes for oral presentation. All other interested persons will each be allowed 3 minutes for oral presentation, and will not be allowed to cede those three minutes to an Appellant Group, the Delta Protection Commission or the Department. Additional time will be allowed for questions by the Council members or Council staff.

The Presiding Officer retains discretion to shorten the All Other Interested Persons (public comment) time limit prior to the commencement of the All Other Interested Persons period as necessary based on the number of persons appearing to comment during this time period.

To ensure a productive and efficient workshop in which all participants have an opportunity to participate, the Council encourages any party or Delta Protection Commission that anticipates participating in the workshop to coordinate their written statements and presentations with other similarly-aligned parties. Groups proposing to coordinate their presentations and consolidate their comments should notify the Council at: waterfixcert@deltacouncil.ca.gov no later than 12:00 pm., Tuesday, November 13, 2018. Parties and participants listed on the Service List must copy all parties on the Service List. Untimely requests will not be considered.

If you have questions or need reasonable accommodation due to a disability, please contact the Delta Stewardship Council’s Meeting Services office at (916) 445-5511, or TDD (800) 735-2929.


RECORD

The record of these proceedings, including Council notices, the Service List, submittals from the parties and interested persons, and the record supporting the Certification, is available on the Council’s WaterFix covered action web page.4

PROHIBITION ON EX PARTE COMMUNICATIONS

The Council’s appellate proceedings are subject to the prohibition on ex parte communications. (Gov. Code § 11430.10 et seq; Administrative Procedures §§ 26-28.) Parties and interested persons, including any employees or representatives, may not communicate directly or indirectly with Council members or Council staff regarding any issue in this proceeding, without notice and opportunity for all parties to participate in the communication. (Gov. Code § 11430.10.) The only exceptions to this prohibition are communications required for disposition of an ex parte matter specifically authorized by statute, or communications concerning a matter of procedure or practice that is not in controversy. (Gov. Code § 11430.20.)

For this matter, the Council instituted the ex parte restrictions effective July 17, 2018. Please see the Council’s ex parte Notice for more details.

If you have any questions concerning matters of procedure or practice that are not in controversy, please contact Bethany Pane, Chief Counsel, at (916) 445-0936 or at Bethany.Pane@deltacouncil.ca.govPlease do not contact Council members directly.

ELECTRONIC MAILING LIST

All correspondence and information from the Council regarding this matter will be sent via electronic mail to the parties listed in the Service List, and posted to the Council’s WaterFix covered action web pageAll submittals to the Council may be made to: waterfixcert@deltacouncil.ca.gov (parties must copy all other parties on the Service List), and please include “WaterFix C20185” in the subject line.

Interested persons may receive future correspondence from the Council on this matter by subscribing to the Council’s electronic mailing list. You may subscribe to the Council’s electronic mailing list here: http://deltacouncil.ca.gov (scroll to "Get Updates" and click "Subscribe").

If you are unable to receive electronic mail, you must send your request to receive a hard copy of future correspondence via U.S. mail to: Clerk to the Council, Delta Stewardship Council, 980 9th Street (15th Floor), Sacramento, CA 95814, and include “WaterFix C20185” in the subject line. If the current address we have for you does not contain an email address and you have access to email, please send your email address as soon as possible to waterfixcert@deltacouncil.ca.gov and please include “WaterFix C20185” in the subject line.

You should act as soon as possible to ensure you receive all future correspondence.