Westlands Water District

Fresno, CA

Board Meeting

PARTICIPATION EXCLUSIVELY THROUGH ZOOM 

Notice

Notice is hereby given that a regular meeting of the Board of Directors of Westlands Water District will be held on December 15, 2020 at 1:00 p.m.

In accordance with the Governor’s Executive Order N-29-20, issued pursuant to the Governor’s State of Emergency proclamation, and in response to the COVID-19 pandemic, this meeting will occur exclusively through Zoom.

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Meeting ID: 983 3801 7300
Passcode: 3130

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If you have problems using the Zoom prior to the start of the meeting, please contact the District’s IT staff at 559-224-1523 or itstaff@wwd.ca.gov.  Requests for assistance made during the meeting may not be responded to timely.

At the beginning of the meeting, the President will provide instructions on how members of the public can participate in the meeting.

Public Comment – Any member of the public may address the Board 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 Board President may waive these limitations.

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.
  3. Board of Directors to Consider Approval of the Minutes of the Regular Board Meeting of November 17, 2020 and Special Board Meeting of November 30, 2020
  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, and other resources activities
    2. Federal & State Legislative Affairs
    3. Public Outreach
    4. Other District Activities
  5. Outside Agency Activities (Board) – Reports on activities of outside agencies (FFA, SLDMWA, ACWA and SFCWA, etc.) will be presented.
  6. Legal Affairs Committee (Coelho) – 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 – The Committee Chair will report on items within the Committee’s jurisdiction.
  9. Water Policy Committee (Neves) – The Committee Chair will report and the Board will act upon recommendations of the Committee, if any, regarding the following items:
    1. Consider Recommendation that the Board of Directors Adopts Resolution No. 127-20, Considering the Mitigated Negative Declaration and Adopting Findings of Fact as a Responsible Agency Pursuant to the California Environmental Quality Act for the City of Mendota’s Rojas Pierce Park Expansion Project
    2. Consider Recommendation that the Board of Directors Adopts Resolution 128-20, Approving and Adopting the Rojas Pierce Park Expansion Project (Project) and Donating 4.61 Acres of District Land (Portion of APN: 012-190-56ST) in the SE ¼ of Section 36, Township 13 S. Range 14 E., M.D.B.&M. to the City of Mendota for the Project
    3. Consider Recommendation that the Board of Directors Approves Granting an Easement Across District-Owned Land for the City of Fresno’s Mid-Town Trail Project
  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 (SGMA) implementation/compliance activities, including actions to implement the Groundwater Sustainability Plan
    2. Board of Directors to Consider Recommendation to Adopt Resolution No. GSA-103-20, Supporting the Application for Grant Funding from the California Department of Water Resources for the Pasajero Groundwater Recharge Project and Authorizing the General Manager or Designee to Take Related Actions.
  11. Finance & Administration Committee – The Committee Chair will report and the Board will act upon recommendations of the Committee, if any, regarding the following items:
    1. Consider Recommendation that the Board of Directors Accepts the Westlands Water District, Fresno, California Financial Statements and Supplementary Information with Independent Auditors’ Report, dated February 29, 2020
    2. Consider Recommendation that the Board of Directors Approves Use of Land Sale Proceeds for Defeasance of Westlands Water District Refunding Revenue Bonds, Series 2012A
    3. Consider Recommendation that the Board of Directors Approve a 2020-2021 Budget Augmentation for Groundwater Pumping and Conveyance Project
    4. Consider Recommendation that the Board of Directors Approves Accounts Payable Reports
    5. Receive Report on Investments and Financial Reports
  12. Consider Resolution No. 129-20, Approving the Westlands Water District Portion for the San Luis & Delta-Mendota Water Authority’s Preliminary Official Statement for the San Luis & Delta-Mendota Water Authority Refunding Revenue Bonds (DHCCP Development Project), Series 2020Ba San Luis & Delta-Mendota Water Authority Refunding Revenue Bonds (DHCCP Development Project), Series 2020B Preliminary Official Statement, Substantially in the Form Presented, Approving the Execution and Delivery of Certain Documents in Connection Therewith, and Authorizing Certain Other Matters
  13. Board of Directors to Consider Process to Fill Westlands Water District Board of Directors Vacancy
  14. 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.
  15. Closed Session – The Board will meet in closed session pursuant to the Government Code sections noted to discuss the following:
    1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
      (Pursuant to Cal. Gov. Code section 54956.8)
      1. Property: Approximately 4.61 acres (a Portion of APN: 012-190-56ST) in the SE ¼  of Section 13, Township 13 S., Range 14E., M.D.B.&M.
        Agency Negotiator: General Manager or designee
        Negotiating Parties: City of Mendota
        Under Negotiation: Price and terms of payment
      2. Property: Approximately 1,591 square feet (a Portion of APN:445-051-01T) in the NE ¼ of Section 27, T. 13 S., Range 20 E., M.D.B.&M.
        Agency Negotiator: General Manager or designee
        Negotiating Parties: City of Fresno
        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 – 1 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 – 3 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-DAD/SKO, 1:91-cv-048-LJO/SKO
      2. Westlands Water District v. United States, United States Court of Appeal for the Federal Circuit, Case No. 13-5069
      3. San Luis & Delta-Mendota Water Authority and Westlands Water District v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758); State Water Contractors, et al. v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758); California Water Impact Network, et al. v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758); Central Delta Water Agency, et al. v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758); North Coast Rivers Alliance, et al. v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758); Save the California Delta Alliance v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758) (“Delta Plan 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-DAD-SKO (Challenge to Interim Renewal Contracts & Repayment Contracts)
      5. Natural Resources Defense Council et al. v. Bernhardt et al., United States District Court, Eastern District of California, Case No. 1:05-cv-01207-DAD-EPG (2005 DMC Contract Renewals Litigation)
      6. City of Fresno, et al. v. United States, United States Court of Federal Claims, Case No. 1:16-cv-01276-EDK (Friant Takings Suit)
      7. 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)
      8. State Water Board Cases, Sacramento County Superior Court Case No. JCCP 5013 (formally Westlands Water District v. State Water Resources Control Board, Fresno County Superior Court, Case No. 19CECG00165) (WQCP Phase 1 Litigation)
      9. 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)
      10. North Coast Rivers Alliance et al. v. Westlands Water District, Shasta County Superior Court, Case No. 192958; on appeal in the Third Appellate District (appellate case number pending) (Public Resources Code Section 5093.542)
      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 (Validation Action). Related Appeals: Westlands Water District v. County of San Joaquin et al., Fifth Appellate District, Case No. F081181; Westlands Water District v. California Water Impact Network et al., Fifth Appellate District, Case No. F0801182; Westlands Water District v. North Coast Rivers Alliance et al., Fifth Appellate District, Case No. F081174
      12. Pacific Coast Federation of Fishermen’s Association et al. v. Ross et al., United States District Court, Eastern District of California, Case No. 1:20-CV-00431-DAD-EPG (2019 ROC on LTO NGO Litigation)
      13. California Natural Resources Agency et al. v. Ross et al., United States District Court, Eastern District of California, Case No. 1:20-cv-00426-DAD-EPG (2020 ROC on LTO AG Litigation)
      14. Mound Farms v. California Department of General Services et al., Yolo County Superior Court, Case No. PT19-2766 (Yolo Ranch CEQA Challenge)
      15. Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket Nos. ER20-2878-000 et al. (PG&E Wholesale Distribution Tariff Proceedings)
  16. Report from Closed Session, if any, Required by Government Code Section 54957.1
  17. 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 (559-225-1523), 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.

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 during normal business hours 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 the local agency or a member of its legislative body, or after the meeting if prepared by some other person.

“I, Original Signed by District Secretary, declare that the foregoing agenda for the December 15, 2020 regular meeting of the Westlands Water District Board of Directors was posted on December 11, 2020, at the District’s Fresno Office, 3130 N. Fresno Street, Fresno, CA 93703, at the District’s Five Points Field Office, 23050 W. Mt. Whitney Avenue, Five Points, CA 93624, and on the District’s website and was available for public inspection.”