Westlands Water District

Fresno, CA

Board Meeting – REVISED (12-20-2022)

Notice

Notice is hereby given that a regular meeting of the Board of Directors of Westlands Water District will be held on December 20, 2022 at 1:00 p.m. at the District’s Fresno Office, 3130 N. Fresno Street, Fresno, California, 93703.

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

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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.

Meeting Agenda

  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 November 15, 2022 and Special Board Meetings of November 28, 2022 and December 5, 2022
    2. Approving the Accounts Payable Reports
    3. Accepting the Investment and Financial Reports
    4. Adopting Resolution No. 128-22, Declaring District Owned Land Identified in Exhibit A to the Resolution Surplus Land and Authorizing Related Actions

      Report and Additional Action Item

  4. General Manager’s Report (Birmingham)
    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
    2. Federal & State Legislative Affairs
    3. Public Outreach
    4. Update on Improvements of New District Office and Other Matters Related to Occupancy of New Office
    5. Other District Activities
  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. Legal Affairs Committee (Assemi) – The Committee Chair will report on items within the Committee’s jurisdiction.
  7. Operations & Maintenance Committee (Coelho) – The Committee Chair will report on items within the Committee’s jurisdiction.
  8. Personnel Committee (Bourdeau) – The Committee Chair will report on items within the Committee’s jurisdiction.
  9. Water Policy Committee (Anderson) – The Committee Chair will report and the Board may act upon the following items within the Committee’s jurisdiction.
  10. Sustainable Groundwater Management Act – 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
    2. Consider Amending Section 1.10 of the Article 1: Regulations for the Groundwater Allocation Program and Use of Groundwater within the Westside Subbasin, and Related Actions
  11. Finance & Administration Committee – The Committee Chair will report and the Board may act upon the following items within the Committee’s jurisdiction.
    1. Consider Amending the District Rules and Regulations, Article 13. Conflict of Interest Code for Westlands Water District.
  12. Board of Directors to Consider: (1) Appointing District Representatives to Serve on the San Luis & Delta-Mendota Water Authority Board of Directors, (2) Recommending the Appointment of District Representatives to Serve on the San Luis & Delta-Mendota Water Authority Finance and Administrative and Water Resources Committees, and (3) Supporting the Nomination of a District Representative to the Association of California Water Agencies, Region 6, and (4) adopting Resolution No. 131-22, Placing in Nomination Director Ross Franson as a Board Member of the Association of California Water Agencies, Region 6.
  13. Board of Directors to Consider Adopting Resolution No. 129-22, Establishing the Time and Location for the Regular Meetings of the Board of Directors.
  14. Board of Directors to Receive an Update on the Center for Strategic & International Studies for Global Food Security Program for Work Relating to Resilient Water Systems for Increased Food Security.
  15. Board of Directors to Consider Resolution No. 130-22, In Commendation of Thomas W. Birmingham.
  16. Board of Directors to Consider Designation of Representative for Labor Negotiations with Interim General Manager.
  17. 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.
  18. Closed Session – The Board will meet in closed session pursuant to the Government Code sections noted to discuss the following:
    1. PUBLIC EMPLOYEE APPOINTMENT (Govt. Code § 54957)
      Title: Interim General Manager
    2. CONFERENCE WITH LABOR NEGOTIATORS (Govt. Code § 54957.6)
      Agency designated representatives: President Fortune or another person designated per Item 16 on agenda for the meeting
      Unrepresented Employee: Interim General Manager
    3. Conference with Real Property Negotiators (Pursuant to Cal. Gov. Code section 54956.8)
      1. Property: License to Install, Use and Maintain a Gate on the following Shasta County land:
        1. E½ of Section 9, T.36N., R.3W., M.D.B.&M
          Agency Negotiator: General Manager or designee
          Negotiating Parties: Shasta McCloud Partners, LLC
          Under Negotiation: Price and terms of payment
        2. Property: 95’ wide utility easement in SW¼ of the NW¼ of the SE¼ of Section 25 in Township 15S. Range 14E., M.D.B.&M.
          Agency Negotiator: General Manager or designee
          Negotiating Parties: Pacific Gas and Electric / EDPR, LLC
          Under Negotiation: Price and terms of payment
        3. Property: Canal and Groundwater Well Easements, described as follows:
          1. The East 31 feet of the SE ¼ of Section 28 in Township 20S. Range 19E., M.D.B.&M.
          2. The West 31 feet of Section 33 in Township 20S. Range 19E., M.D.B.&M.
          3. The West 101 feet of Section 34 in Township 20S. Range 19E., M.D.B.&M.
          4. Along the west boundary of the North West Diagonal of Section 35, Township 20 S., Range 19 E., M.D.B.&M., (APN 026-330-57), a canal running north and south, being 90 feet in width more or less from the toe of the road to the toe of the road.
          5. Along the east boundary of the North West Diagonal of Section 35. Township 20 S., Range 19 E., M.D.B.&M, (APN 026-330-57), canals paralleling a northeast and southwest line, being 150 feet in width more or less from the toe of the road to the toe of the road.
          6. Commencing at the Southwest corner of Section 35, Township 20 S., Range 19 E., M.D.B.&M; thence North along the West line of the Southwest Quarter of said Section 35, to the Northwest Corner of the Southwest Quarter of said Section 35; thence East along the North line of the Southwest of said Section 35, a distance of 115.02 feet; thence Southeasterly to a point 150.00′ East and 302. 7 feet North of the Southwest Corner of said Section 35; thence Southwesterly to the Southwest corner of said Section 35, said point being the point of beginning.
          7. Commencing at the Northwest corner of Section 35, Township 20 S., Range 19 E., M.D.B.&M; thence East along the North line of said Section 35 a distance of 80 feet; thence Southeasterly to a point on the South line of the Northwest Quarter of said Section 35, 115.02 feet East of the West Quarter Corner of said Section 35; thence West along the South line of the Northwest Quarter of said Section 35, a distance of 115.02 feet to the West Quarter Corner of said Section; thence North along the West line of the Northwest Quarter of said section 35 to the point of beginning.
          8. The North 165 feet of Section 3, Township 21 S., Range 19 E., M.D.B.&M, excepting there from the East 479.32 feet, and also excepting there from the North 25 feet for Kings County Right of Way.
          9. The North 165 feet, excepting the North 25 feet for Kings County Right of Way, of the East ½ of Section 4, Township 21 S., Range 19 E., M.D.B.&M.
            Agency Negotiator: General Manager or designee
            Negotiating Parties: Westlake Farms
            Under Negotiation: Price and terms of payment
        4. Property: Water Supply
          Agency Negotiator: General Manager or designee
          Negotiating Parties: T.B.D.
          Under Negotiation: Price and terms of payment
      2. Conference With Legal Counsel – Anticipated Litigation
        Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section 54956.9 – 2 potential cases
      3. Conference With Legal Counsel – Anticipated Litigation
        Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 – 16 potential cases
      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 County Superior Court, Case No. 34-2018-80002898; Central Delta Water Agency v. Delta Stewardship Council, Sacramento County Superior Court, Case No. 34-2018-80002900; Friends of the River v. Delta Stewardship Council, Sacramento County Superior Court, Case No. 34-2018-80002901; California Water Impact Network v. Delta Stewardship Council, Sacramento County Superior Court, Case No. 34-2018-80002904 (“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”)
  19. Report from Closed Session, if any, Required by Government Code Section 54957.1.
  20. Board of Directors to Consider Authorizing Execution of Amendment to the Terms of the Employment Agreement for Employee Appointed as Interim General Manager, including Setting Compensation and Benefits.
  21. Board of Directors to Consider: (1) Finding Exempt from the California Environmental Quality Act Execution of the Agreement between Westlake Farms, Inc. and Westlands Water District for Purchase and Sale of Pump, Well, Canal & Pipeline Easement Rights, (2) Authorizing Execution of Said Agreement, and (3) Authorizing Related Actions.
  22. Board of Directors to Consider: (1) Finding Exempt from the California Environmental Quality Act Execution of the License Agreement with Shasta McCloud Partners, LLC to Install, Use and Maintain a Gate Located on Westlands Water District Property, (2) Authorizing Execution of Said License Agreement, and (3) Authorizing Related Actions.
  23. Board of Directors to Consider: (1) Finding the Grant of a Utility Easement to Pacific Gas and Electric in the SW¼ of the NW¼ of the SE¼ of Section 25 in Township 15S. Range 14E., M.D.B.&M, is within the Scope of the Previously Approved Scarlet Solar Energy Project, and (2) Authorizing the General Manager or Designee to Grant Said Utility Easement.
  24. Board of Directors to Establish Process for Recruitment for the General Manager Position.
  25. 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 3130 N. Fresno St., Fresno, California, by telephone (559-224-1523), facsimile (559-241-6277), or written correspondence addressed to Westlands Water District, Attn: Karen Clark, P.O. Box 6056, Fresno, California 93703.  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 3130 N. Fresno Street, Fresno, California.

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.