Westlands Water District

Fresno, CA

Board Meeting (01-18-2024)

Notice

Notice is hereby given that an adjourned regular meeting of the Board of Directors of Westlands Water District will be held on January 18, 2024, at 9:00 a.m. at the District’s Fresno Office, 286 W. Cromwell Avenue, Fresno, California 93711.

Any member of the public may participate in the meeting through Zoom.

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Meeting Agenda

Public Comment – Any member of the public may address the Committee concerning any matter on the agenda before or during its consideration of that matter. Public comment is limited to three minutes per person and no more than fifteen minutes per topic. For good cause, the Committee Chair may waive these limitations.

  1. Call to Order
  2. Board of Directors to Consider Corrections or Additions to the Agenda of Items, as Authorized by Government Code Section 54950 et seq.

    Consent Calendar

    All items listed on the Consent Calendar are considered to be routine and non-controversial and will be acted upon by a single action of the Board of Directors, unless a Board Member requests separate consideration of the item.  If such a request is made, the item may be heard as an action item at this meeting.

  3. Board of Directors to Consider:
    1. Approving the Minutes of the Regular Board Meeting of December 19, 2023 (Ormonde)
    2. Approving the Accounts Payable Reports (Ormonde)
    3. Board of Directors to Consider: (a) Adopting Resolution No. 101-24, thereby Supporting an Application for and Authorizing the Submission of Grant Application under the California Department of Water Resources Flood Diversion Recharge Enhancement Initiative; and (b) Authorizing Related Actions
    4. Consider Approving a 2023-2024 Budget Augmentation for Consultants
    5. Consider Approving a 2023-2024 Budget Transfer for Dues and Subscriptions

      Report and Additional Action Item

  4. General Manager’s Report (Febbo)
    1. Water Supply, Water Operations and Projected Water Supply and Use and Central Valley Project/State Water Project Operations, Drainage, Energy, Bay-Delta Water Quality Control Plan-Voluntary Agreement Update, 2021 Endangered Species Act Consultation on and Environmental Review for the Coordinated Long-Term Operation of the CVP and SWP, and Other Resources Activities (Freeman/Boardman)
    2. Federal & State Legislative Affairs (Febbo)
    3. Public Outreach (Jonasson)
    4. Operations & Maintenance Report (Pierce)
    5. Other District Activities, including New Contract Year and Other Water Allocation (Freeman/Gutierrez)
  5. Outside Agency Activities (Board) – Reports on activities of outside agencies (Family Farm Alliance, San Luis & Delta Mendota Water Authority, Association of California Water Agencies and State and Federal Contractors Water Agency, etc.) will be presented.
  6. Finance & Administration Committee (Bourdeau) – The Committee Chair will report and the Board may act upon the following items within the Committee’s jurisdiction.
    1. Consider Investment and Financial Reports (Ormonde)
    2. Receive Update on the Rules and Regulations for District Rescheduled Water
    3. Consider Approving Revised Salary Code Schedule Effective January 16, 2024
    4. Receive Update on E-Statement Availability and Automatic Bill Payment
    5. Receive 2024-25 Water Contract Year Calendar
  7. Sustainable Groundwater Management Act (Campbell) – Serving as the Groundwater Sustainability Agency of the Westside Subbasin:
    1. Board of Directors to Receive an Update and/or provide Input on Sustainable Groundwater Management Act Implementation/Compliance Activities, including Actions to Implement the Groundwater Sustainability Plan
  8. Board of Directors to Consider (a) Finding Exempt from the California Environmental Quality Act the Execution of a Water Exchange Agreement with Semitropic Water Storage District, (b) Authorizing the General Manager or Designee to Execute Said Agreement and (c) Authorizing Related Actions.
  9. Board of Directors to Consider (a) Finding Exempt from the California Environmental Quality Act the Execution of Water Transfer Agreements with Kern Water Bank and Belridge Water Storage District to Benefit Mutual Landowner/Water User, (b) Authorizing the General Manager or Designee to Execute Said Agreements and (c) Authorizing Related Actions
  10. Board of Directors to Consider (a) Finding Exempt from the California Environmental Quality Act the Execution of Water Transfer Agreements with Member Units of Kern County Water Agency, (b) Authorizing the General Manager or Designee to Execute Said Agreements and (c) Authorizing Related Actions
  11. Board of Directors to Consider Approving Executing Agreement to Procure Services of Brownstein Hyatt Farber Schreck, LLP for General Counsel Services
  12. Public Comment – Any member of the public may address the Board concerning any matter not on the Agenda but within the Board’s jurisdiction. Public comment is limited to three minutes per person and no more than fifteen minutes per topic. For good cause, the President may waive these limitations.
  13. Closed Session – The Board will meet in closed session pursuant to the Government Code sections noted to discuss the following:
    1. Public Employee Performance Evaluation (Pursuant to Cal. Gov. Code section 54957(b)(1))
      Title: General Manager
    2. Conference with Real Property Negotiators (Pursuant to Cal. Gov. Code section 54956.8)
      1. Property: Approximately 1,668.61 acres of land consisting of the following:
        1. Sections 17, 18, and 19 T. of 15S., R.15E., M.D.B.&M.;
          Agency Negotiator: General Manager or designee
          Negotiating Parties: EDPR CA Solar Park VI LLC
          Under Negotiation: Price and terms of payment
      2. Property: Water Supply
        Agency Negotiator: General Manager or designee
        Negotiating Parties: T.B.D.
        Under Negotiation: Price and terms of payment
      3. Property: Approximately 1,299.58 acres, consisting of Yolo County APNs: 033-270-10, 033-370-003, 033-370-005, 033-380-013, 033-380-003, 033-380-007, and 033-390-006
        Agency Negotiator:  General Manager or designee
        Negotiating Parties: To be determined
        Under Negotiation: Price and terms of payment
    3. Conference with Legal Counsel – Anticipated Litigation-
      Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 – 1 potential case
    4. Conference with Legal Counsel – Existing Litigation
      Existing Litigation Pursuant to paragraph (1) of Subdivision (d) of Section 54956.9
      1. Firebaugh Canal Water District et al. v. United States of America et al., United States District Court, Eastern District of California, Case Nos. 1:88-cv-634-JLT- SKO, 1:91-cv-048-LJO/DLB
      2. Westlands Water District v. United States, United States Court of Appeal for the Federal Circuit, Case No. 13-5069
      3. North Coast Rivers Alliance v. Delta Stewardship Council, Sacramento Co. Superior Court, Case No. 34-2018-80002898, Third District Court of Appeal Case No. C097948 (“Delta Plan Amendment Litigation”)
      4. North Coast Rivers Alliance et al. v. U.S. Department of the Interior et al., United States District Court, Eastern District of California, Case No. 1:16-cv-00307-JLT-SKO (“Challenge to Interim Renewal Contracts & Repayment Contracts”)
      5. Hoopa Valley Tribe v. United States Bureau of Reclamation et al., United States District Court, Eastern District of California, Case No. 1:20-cv-01814-JLT-EPG (“Challenge to Repayment Contracts”)
      6. Center For Biological Diversity et al. v. United States Bureau of Reclamation et al., United States District Court, Eastern District of California, Case No. 1:20-cv-0706-JLT-EPG (“Challenge to Repayment Contracts”)
      7. Natural Resources Defense Council et al. v. Haaland et. al., United States District Court, Eastern District of California, Case No. 1:05-cv-01207-JLT-EPG, on appeal in the United States Court of Appeals for the Ninth Circuit, Case No. 21-15163 (“2005 DMC Contract Renewals Litigation”)
      8. City of Fresno, et al. v. United States, United States Court of Federal Claims, Case No. 1:16-cv-01276-EDK, on appeal in United States Court of Appeals for the Federal Circuit, Case No. 22-1994 (“Friant Takings Suit”)
      9. State Water Board Cases, Sacramento County Superior Court Case No. JCCP 5013 (“WQCP Phase 1 Litigation”)
      10. North Coast Rivers Alliance et al. v. Department of Water Resources, Sacramento County Superior Court Case No. 34-2019-80003057 (“COA Addendum-WaterFix No Harm Litigation”)
      11. Westlands Water District v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Providing Project Water Service, San Luis Unit and Delta Division and Facilities Repayment, Fresno County Superior Court, Case No. 19CECG03887, and appeal in the Court of Appeal, Fifth Appellate District, Case No. F083632 (Consolidated with F084202) (“Main Contract Validation Action”)
      12. Pacific Coast Federation of Fishermen’s Association et al. v. Raimondo, et al., United States District Court, Eastern District of California, Case No. 1:20-cv-0431-JLT-EPG (“2019 ROC on LTO NGO Litigation”)
      13. California Natural Resources Agency et al. v. Raimondo, et al., United States District Court, Eastern District of California, Case No. 1:20-cv-0426-JLT-EPG (“2020 ROC on LTO AG Litigation”)
      14. Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket Nos. ER20-2878-000 et al. (“PG&E Wholesale Distribution Tariff Proceedings”)
      15. California Sportfishing Protection Alliance et al. v. State Water Resources Control Board et al., Sacramento County Superior Court, Case No. 34-2021-80003761 (“2021 Order Re TUCP”)
      16. California Sportfishing Protection Alliance et al. v. State Water Resources Control Board et al., Sacramento County Superior Court, Case No. 34-2021-80003763 (“2021 Order Re Shasta Temp. Mgmt. Plan”)
  14. Report from Closed Session, if any, Required by Government Code Section 54957.1
  15. Board of Directors to Consider Authorizing the General Manager or Designee to Execute the First Amendment of the Option and Purchase Agreement with EDPR CA Solar Park VI LLC Granting an Extension for the Term of up to Twelve (12) Months for Approximately 1,668.61 Acres of District Owned Land, Located in Sections 17, 18, and 19 of T.15S., R.15E., M.D.B.&M.
  16. Adjournment

Order of Business

The order of business reflected in this Agenda is subject to change.

Accessibility

A person with a qualifying disability under the Americans with Disabilities Act of 1990 may request the District provide a disability-related modification or accommodation in order to facilitate that person’s participation in any public meeting of the District.  Such assistance includes appropriate alternative formats for the agendas and agenda packets used for any public meetings of the District.  Requests for such assistance may be made in person at the District’s Fresno office, which is located at 286 W. Cromwell Avenue, Fresno, California, 93711 by telephone (559-224-1523), facsimile (559-241-6277), or written correspondence addressed to Westlands Water District, Attn: Karen Clark, P.O. Box 5199, Fresno, California 93711.  Notifications of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made.

Remote Participation by Members of the Public

At this time, the District permits any member of the public to participate in meetings of its Board and Committees from any location by telephone or video, or both.  Remote participation by members of the public from any location is offered as a courtesy and is not required by law.  Telephone and internet access and reliability varies widely, and District staff may not be able to assist members of the public with technical difficulties.  To avoid issues that may arise from participating remotely by phone or video, members of the public who wish to provide public comment are encouraged to attend in person at a noticed location.

At the appropriate time to provide the comment, members of the public wishing to comment will be acknowledged by the Chair of the meeting.  Members of the public participating by video should use the “Raise Hand” tool located in Zoom meeting link when seeking to provide public comment on an item.

Document Availability

Written material related to an item on this agenda that is distributed less than 72 hours prior to this meeting to at least a majority of the members of the legislative body will be available for inspection at the District’s Fresno office, which is located at 286 W. Cromwell Avenue, Fresno, California, 93711.

Written material distributed during a public meeting will be available for public inspection at the meeting, if prepared by District staff or a member of its legislative body, or after the meeting if prepared by some other person.

Disclosure

This agenda has been prepared pursuant to applicable laws of the State of California, including but not limited to, Government Code section 54950 et seq.  The agenda and information to support items on the agenda have not been prepared to inform an investment decision concerning the District, including in any of District’s bonds, notes, or any other financial obligations.  Any projections, plans, or other forward-looking statements included in the information in this agenda or the information supporting the items on the agenda are subject to a variety of uncertainties that could cause any actual plans or results to differ materially from such statements. The information in this agenda and the information supporting the items on the agenda are not intended to be used by investors or potential investors in considering the purchase or sale of the District’s bonds, notes, or other financial obligations.  Investors and potential investors should rely only on information filed by the District on the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access System for municipal securities disclosures and the District’s Investor Relations website, maintained on the World Wide Web at emma.msrb.org and wwd.ca.gov/investor-relations, respectively.  For purposes of this note, “District” means Westlands Water District, Westlands Water District Distribution District No. 1, Westlands Water District Distribution District No. 2, San Luis Unit/Westlands Water District Financing Authority, and/or Westlands Water District Financing Corporation.